The SpeakerThe SpeakerHonour able Members, today we have a new Member , and it looks like the new Member is si tting in the Gallery. I am going to ask at this time if the Opposition Whip . . . I do not see the Opposition Whip here, so if a Member …
The SpeakerThe SpeakerThe Honourable Member will do the Oath of Allegiance. Speak into the microphone, please. OATH OR AFFIRMATION OF NEW ME MBER OATH OF ALLEGIANCE
Mr. Neville S. Tyrrell
Mr. Neville S. TyrrellI do swear that I will be f aithful and bear true allegiance to Her Majesty Queen Eliz abeth II, her heirs and successors, according to law. So help me God.
The SpeakerThe SpeakerAll right, thank you. OATH OF AN ASSEMBLYMAN
Mr. Neville S. Tyrrell
Mr. Neville S. TyrrellI, being a Member of this present Assembly, do swear by Almighty God to use and employ my best endeavours therein for the general good without any respect to private interest, gain or advantage, striving to discharge a good conscience in all equity and integrity during my continuance therein.
The SpeakerThe SpeakerThank you, Honourable Member. We welcome the Honourable Member Neville Tyrrell for constituency 26. [Desk thumping] CONFIRMATION OF MINUTES 21, 25 November 2016
The SpeakerThe SpeakerWe have confirmation of the Minutes . The Minutes for the 21st and 25th of November 2016 have been circulated. If there are no objections , the Minutes will be confirmed. Are there any objections or corrections? The Minutes are confirmed. [Minutes of 21 and 25 November 2016 confirmed .] …
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerYes, just one. The Minister of Educ ation has indicated that he will be arriving late. He will be here this afternoon. MESSAGES FROM THE SEN ATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThe Chair will first recognise the Mini ster for Finance. Minister E. T. Richards, you have the floor. 2016 FISCAL RESPONSIBILITY PANEL ANNUAL ASSESSMENT Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach for the information of the Honourable House of Assembly …
The SpeakerThe SpeakerAll right. Thank you. Thank you, Mini ster. 338 3 February 2017 Official Hansard Report Bermuda House of Assembly PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND /OR JUNIOR MINISTERS
The SpeakerThe SpeakerThe Chair will first recognise the Mini ster for Economic Development, Minister Dr. Gibbons.
The SpeakerThe SpeakerThank you. GLOBAL ENTREPRENEURSHIP WEEK 2016 AND “THE ENTREPRENEUR’S GUIDE TO BERMUDA GOVERNMENT CONCESSIONS, INCENTIVES, O BLIGATIONS, GRANTS AND AWARDS ”
The Hon. Dr. E. Grant GibbonsMr. Speaker, as Honourable Members may be aware, Bermuda concluded another successful Global Entrepreneurs hip Week in November 2016. Today I am pleased to report on t he “Entrepreneur’s Guide to Bermuda Go vernment Concessions, Incentives, Obligations, Grants and Awards ,” which was launched on December 2nd, 2016. This document …
Mr. Speaker, as Honourable Members may be aware, Bermuda concluded another successful Global Entrepreneurs hip Week in November 2016. Today I am pleased to report on t he “Entrepreneur’s Guide to Bermuda Go vernment Concessions, Incentives, Obligations, Grants and Awards ,” which was launched on December 2nd, 2016. This document will be a valuable resource to Bermuda’s entrepreneurs and small owners. Mr. Speaker, the Entrepreneur’s Guide was conceived by the Bermuda Economic Development Corporat ion [BEDC] and created in- house by the D epartment of Communications and Inform ation [DCI]. It is available online at the BEDC’s website in the Small Business Toolbox under the Resources Tab [ at https://www.bedc.bm/index.php/resources/smallbusiness -tool-box] or individuals can pick up a copy in person at the Bermuda Economic Development Corporation office. Honourable Members will know that Gover nment provides a great deal of assistance to busines ses, but many who could use that help are not aware of the wealth of information and assistance availa ble through a number of sources, including the BEDC. The Entrepreneur’s Guide, which will be updated a nnually, makes it easier to find relevant information in one place. Mr. Speaker, help from the BEDC comes in the form of loans and other types of financial assi stance. The BEDC also provides useful information, technical advice, and guidance. In addition, they manage a register of over 7,000 small and medium -sized businesses, as well as the Economic Empowerment Zones. The guide includes details on apprentic eships and training programmes, student funding, and ince ntives that include tax relief for small businesses and duty relief in various forms. For example, the Gov-ernment provides help for those who take advantage of green solutions , including reduced customs duties for energy -efficient products and renewable energy technologies. Bermuda’s small businesses are a si gnificant employer of Bermudians and a primary driver of innovation and creativity in the provision of goods and services. The Government recogni ses the importance of this commercial sector and the need to support and cultivate its development. Such support helps to cr eate jobs , opportunities , and maintain Bermuda’s pos ition as an innovative and successful business jurisdi ction. Mr. Speaker, the gu ide itself cannot be viewed in isolation. It is one of a number of products, services , and initiatives that the BEDC has developed to help grow our Island’s small and medium -sized bus inesses. For example, the BEDC is the conduit through which Bermuda participates in the G lobal Entrepreneurship Week activities , which formal ly took place from November 14 th to November 20th. Mr. Speaker, this was the ninth year of G lobal Entrepreneurship Week, and it has grown extensively since its humble beginnings back in 2008. With the support of the Ministry of Economic Development, the BEDC believes that participating in this initiative helps to demonstrate the benefits of entrepreneurship as an empowerment tool. Globally, last year , over 160 countries participated and nearly 20,000 partner organisations planned more than 35,000 events that directly engaged more than 25 million people. Through the work of the BEDC, in partnership with the Department of E -Commerce and the Youth Entrepreneurship Initiative of Bermuda, Global Entrepreneurship Week Bermuda has also grown signif icantly. From 4 partners, 6 events , and 100 partic ipants back in 2008 to 40 events, 44 partners , and over 35,000 people reached last year, Global Entr epreneurship Week is reaching entrepreneurs throughout Bermuda. For Global Entrepreneurship Week 2016, the Bermuda Host Committee encouraged Bermuda’s young, budding and established entrepreneurs to participate in a number of activities and local challenges designed to encourage them to think innovatively and develop their ideas. Mr. Speaker, while I will not go through all 45 events that took place in November, I would like to mention a few highlights from last year’s programme. Tuesday, November 15 th, saw the BEDC’s third annual Entrepreneurship Education Awards ce lebrate over 100 students who successfully completed a number of multi -week intensive training programmes during 2016. The various programmes included the BEDC's eight -week Entrepreneurship 101 Course, in partnership with the Community Education and D evelopment Programme; the BEDC's eight -week Ice House Entrepreneurship Programme; and the BEDC’s
Bermuda House of Assembly eight -week Financial Statements Planning and Cos ting, which used the QuickBooks programme. Mr. Speaker, another highlight of Global E ntrepreneurship Week was the Annual Celebration of Entrepreneurship and Innovation event , held on Thursday, November 17th, and organised jointly by the Department of E -Commerce and the BEDC. The event celebrated innovation, technology and entr epreneurship, and announced the winner s of the annual Technology Innovation Awards Competition (the Tech Awards) and the annual Rocket Pitch Compet ition. The wealth of entrepreneurial ambition and tec hnological innovation on display was impressive. Mr. Speaker, women were also hi ghlighted during this year’s Global Entrepreneurship Week celebrations. Friday, November 18th, was celebrated globally as Women’s Entrepreneurship Day — celebrated in 144 countries worldwid e, empowering four billion women and inspiring 250 million girls living in poverty. The intent of Women’s Entrepreneurship Day is “. . . to mobilize a global network of female business owners, entrepreneurs , and change makers who support and empower this community of women entrepreneurs and their businesses.” Mr. Speaker, a Women’s Entrepreneurship Day r eception, hosted by the U nited States Consul General, Ms. Mary Ellen Koenig, saw over 100 wom-en entrepreneurs invited to a celebratory event at the Consul General’s residence. Some attendees were new entrepreneurs , while others were well -established business owners , who gathered to learn from each other, network , and celebrate their successes. The celebration saw five women entrepr eneurs and graduates of the Streetwise ‘ MBA ’ TM Programme receive their graduation certificates from the Bermuda College for their hard work over a six-month period. Also celebrated were the nominees and winners of the newly launched Female Entrepreneurship Awards, an initiative conceived by entrepreneur Ms. Stephanie Lee. The BEDC was fortunate to have an international speaker involved with many of the events. Through the US Consulate and the US State Depar tment IIP’s [Bureau of International Information Pr ograms] Speaker Program, Ms. Sheena Lindahl visited Bermuda and participated in 11 events during the week, from presentations to students to radio inte rviews to networking and the presentation of awards. Ms. Lindahl, an entrepreneur herself, is the President and Co- Founder of Empact, an organisation that f ocuses on facilitating international entrepreneurship. Mr. Speaker, I have given some highlights of last year’s extensive Global Entrepreneurship Week activities. This Government is committed to business and job growth , as well as the ongoing recovery of our economy , and, as such, embraces partnerships that assist in achieving these goals. Global Entrepreneurship Week focuses on entrepreneurship as a catalyst for economic growth, and it is clear that Bermuda and Bermudian entrepreneurs have what it takes to reinvigorate our economy. We are confident that, through continuously offering opportunities to our local Bermudian entrepreneurs , we can help to foster ec onomic growth, create opportunities for new business , and facilitate job creation. In closing , I would like to congratulate the Bermuda Economic Development Co rporation team, as well as the Department of E-Commerce and the Youth Entrepreneurship initiative and, of course, the sponsors, for the success of the Global Entrepreneurship Week programme. I would also like to commend the BEDC for the launch of the “Entrepreneur’s Guide to Bermuda Government Concessions, Incentives, Obligations, Grants and Awards .” And copies of those will be available to Honourable Members. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Dr. Gibbons, I think you have a second Statement?
The SpeakerThe SpeakerCarry on. PERSONAL INFORMATION PROTECTION ACT 2016 —IMPLEMENTATION OF ADMINISTRATIVE PROVISIONS
The Hon. Dr. E. Grant GibbonsThank you. Mr. Speaker, you may recall that this H onourable House passed the Personal Information Protection Act 2016, also known as PIPA, this past summer. The legislation received r oyal assent on July 27, 2016. Due to the significant rights and duties created by the Personal Information Protection Act, …
Thank you. Mr. Speaker, you may recall that this H onourable House passed the Personal Information Protection Act 2016, also known as PIPA, this past summer. The legislation received r oyal assent on July 27, 2016. Due to the significant rights and duties created by the Personal Information Protection Act, it was announced during the debate that the coming into force of its m ajor provisions would be delayed for approximately two years, thus providing organisations with sufficient time to prepare. Mr. Speaker, an important element for the proper and effective eventual implementation of the legislation is the creation of the Office of the Privacy Commissioner. The role of the Privacy Commissioner is defined in PIPA as being “ responsible for monitoring how this Act is administered to ensure that its purposes are achieved.” The broad spectrum of powers granted to the Privacy Commis sioner in the legislation enables them to discharge these duties. However, it is critical for PIPA’s effective implementation that the Privacy Commissioner inform and provide g uidance to organisations regarding compliance with the Act prior to the Act being fully implemented. Mr. Speaker, privacy legislation will go a long way in providing important rights that traditionally have been lacking, and it will also encourage the adoption of robust cybersecurity practices. Developing a culture of privacy, however , will take time , and we recognise 340 3 February 2017 Official Hansard Report
Bermuda House of Assembly that implementing legislative requirements that are wholly new will require education and information. Mr. Speaker, due to the need for developing this knowledge base in Bermuda regarding compl iance with PIPA and putting into place a regulatory infrastructure for its implementation, I am pleased to inform Honourable Members, as indicated in the r ecent 2016 Throne Speech, that those sections relating to the appointment of the Privacy Commissioner were enacted on December 2 nd, 2016. These include the creation of the Office of the Privacy Commissioner and staff, as well as those duties and powers relevant to their operation in the period leading up to the implementation of the whole Act. This will enable the recruitment of the appropriate person to be appointed as Privacy Commissioner and the creation of an office to discharge the Privacy Commissioner’s duties. Mr. Speaker, the office of Privacy Commi ssioner is an important appointment , and the appropr iate regulatory infrastructure is necessary to ensure that the personal information rights of the residents of Bermuda are effectively protected and enforced. We have previously mentioned our intention to seek an “adequacy ” finding from the European Union [EU], which would allow for the free flow of personal infor-mation between Bermuda and other “adequate” jurisdictions. A key criterion of the EU’s assessment is that the Privacy Commissioner must be wholly indepen dent. As a result, the creation, staffing, and operations of the c ommi ssioner’s office will be done in a manner to ensure full compliance with these requirements. Finally , Mr. Speaker, I should also note that the enactment of the PIPA legislation is but the first piece of legislation that H onourable Members will be asked to consider , in order to protect the pr ivacy rights of our residents, during the course of the Parliamentary year. The Privacy Commissioner will also facilitate the advancement of consequential amendments to other Acts in order to harmonise them with the Personal Information Protection Act 2016. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. If you want to take a break, we can allow the next Minister to go, if the House is okay with that.
The SpeakerThe SpeakerSo, the Chair will recognise the Mini ster, Minister Gordon- Pamplin. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Good morning, and good morning, co lleagues.
The SpeakerThe SpeakerGood morning. PROCESSING OF APPLICATIONS FOR NATIONAL CERTIFICATION —UPDATE ON IMPROVEMENTS Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I rise today to report on the progress to improve the pr ocessing of applications for national certification . Honourable Members are aware that in accordance with the National Occupational Certification Act …
Good morning. PROCESSING OF APPLICATIONS FOR NATIONAL CERTIFICATION —UPDATE ON IMPROVEMENTS Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I rise today to report on the progress to improve the pr ocessing of applications for national certification . Honourable Members are aware that in accordance with the National Occupational Certification Act 2004, a number of occupations are designated and require compulsor y certification. Occupations which require compulsory certification are welder, automotive se rvice technician, electrician, and landscape gardener. Mr. Speaker, a person may work in a desi gnated occupation if they are (1) a registered appre ntice; (2) a student in a work training programme; or (3) a person who holds certificates from accredited institutions irrespective of jurisdiction. However, all persons must file an application under this Act to be certified, providing [that] evidence of their qualific ations and experience are recognised and approved. Mr. Speaker, there has been much concern expressed in this Honourable House and in the media that work permit holders have been granted work permits without first demonstrating that they meet the requirements for eligibility to apply for certification. In addition, there are insufficient checks to ensure that work permit holders have applied to be certified. These gaps in oversight are not only in contravention of the National Occupational Certification Act 2004, but compose a danger to the public. Most importantly, this is unfair to Bermudians, as it means that work permit holders have an unfair advantage over Berm udian workers in the designated categories. As a result, I am announcing that a new immigration policy will soon be published. Mr. Speaker, prior to submitting a work permit application to the Department of Immigration, potential employers applying for work permits in designated occupations must first satisfy the Department of Wor kforce Development that the non- Bermudian candidate meets the minimum requirements for certification in the designated job category. If the candidate satisfies the minimum qualification, then the Department of Workforce Development will provide the employer with a letter confirming that the pre- vetting process has been completed and the applicant meets the minimum qualifications for certification. The employer will submit that letter, with their application, to the Department of Immigration. Applications will not be considere d if this first step is not satisfied. If the application is successful, then the work permit will be issued with the condition that the employee must return to the Department of Workforce Development to complete the full national certification process. The employee will have up to three months to complete the process towards achie ving national certification. Mr. Speaker, there is another advantage of the employer approaching the Department of Wor kBermuda House of Assembly force Development prior to submitting an application to the Department of Immigration. Upon receiving the application, the Department of Workforce Develop-ment will also check their records to determine if there is currently a Bermudian registered with the depar tment who has successfully achieved national certific ation and may be suitably qualified to meet the employer’s needs, thereby negating the need for a work permit. Mr. Speaker, there will also be a requirement for any non- Bermudian seeking employment in the designated occupation. If that person is not currentl y certified, he or she may not look for a job without first making application to the Department of Workforce Development National Training Section for certific ation. Mr. Speaker, as I noted previously, there are a number of work permit holders in the desi gnated categories who have not registered with the Depar tment of Workforce Development and have not r eceived national certification. In these cases, the cur-rent employer must ensure that the employee com-plies with the law. Failure to comply with the law ma y result in myself, as Minister responsible for the iss uance of work permits, deciding whether the employee should be allowed to continue to be employed in Ber-muda. Current work permit holders operating in des-ignated occupations will have until March 31 st, 2017, to register with the Department of Workforce Deve lopment and to pay the required $265 fee to begin the national certification process. Those who are unable to successfully complete the entire process will not have their work permits renewed. The Department of Workforce Development will notify the work permit holder, the employer , and the Department of Immigr ation of the outcome. Further, Mr. Speaker, employers wishing to hire individuals in a designated occupation must also ensure that they have a good level of proficiency of the English language. This is a potential communic ation barrier that could affect recruitment and activities in respect of health and safety. Employers should partner with the Bermuda College to assist with an English as a Second Language (ESL) programme for their guest workers who may find it difficult to under-stand, interpret instructions , or make proper skill applications on worksites. This is essential for the employee to complete the requirements in order to obtain national c ertification. Mr. Speaker, progress has also been made to speed up the processing of applications for certific ation, including the recruitment of a substantive Standards and Enforcement Officer by December 31 st, 2016. It is hoped that the selected candidat e will begin employment in the post by February of 2017. A co nsultant has been hired and has begun work at 3rd of January 2017. This individual will assist with finalising and implementing the Automotive Service Technician and Landscape Gardener National Certification Pr o-gramme. Some of the specific tasks for this role, in more detail, are: • coordinate with the Bermuda College or other approved vendors to provide training pr ogrammes that align with the National Certific ation Programme, particularly where the curri culum directly correlates with the disciplines of designated trades; • to ensure that the training programmes are i nternationally recognised and accessible to the public, operating in designated occupations, including private and public sector workers ; • in relation to the certification of landscape gardeners, to collaborate with the Horticultural Occupational Advisory Committee and the Landscape Association to obtain signoff on curriculum and process for national certific ation by March 31 st, 2017; • to collaborate with the Bermuda College to agree to implement the horticultural pr ogramme and curriculum in September of 2017; • to collaborate with the Career Development Section and ensure that 30 participants from the Career Information Development System database are enrolled in the course at the college for the September 2017 commencement; and • in relation to the certification of automotive service technicians —firstly , to collaborate with the Automotive Occupational Advisory Committee to obtain signoff on the process t owards achieving national certification by January 31 st, 2017; secondly, to collaborate with the Bermuda College to ensure that their cur-riculum matches the national certification r equirements and to obtain firm agreement that students will have f ull access to complete thei r Automotive Service Excellence ( ASE) certification exams, prior to graduating, by 31 st of March 2017.
Mr. Speaker, I am sure that Honourable Members will agree that much work has been done to progress this important initiative, and the ultimate benefits will accrue to the customer, to businesses, to the workforce, and especially to Bermudians. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Honourable Dr. Gibbons, Minister for Economic Development. Dr. Gibbons. SOLAR PV DEVELOPMENT AT L. F. WADE I NTERNATIONAL AIRPORT —REQUEST FOR PR OPOSAL 342 3 February 2017 Official Hansard Report Bermuda House of Assembly The Hon. Dr. E. Grant Gibbons: Thank …
Thank you, Minister. The Chair will now recognise the Honourable Dr. Gibbons, Minister for Economic Development. Dr. Gibbons.
SOLAR PV DEVELOPMENT AT L. F. WADE I NTERNATIONAL AIRPORT —REQUEST FOR PR OPOSAL
342 3 February 2017 Official Hansard Report
Bermuda House of Assembly The Hon. Dr. E. Grant Gibbons: Thank you, sir. Mr. Speaker, following upon the statement I provided in July of last year, I am pleased to provide this Honour-able House with an update on the six -megawatt utility - scale solar photovoltaic [PV] project on the f inger at the L. F. Wade International Airport. The Request for Proposal (or RFP) for this project was issued on Fr iday, December 2nd. Mr. Speaker, Honourable Members will recall that this project is a Throne Speech initiative first an-nounced in 2015. I am happy to report that the project is well underway with the achievement of this mil estone. This project is a joint effort between the Mini stry of Public Works and the Ministry of Economic D evelopment, with assistance from the consulting firm of Castalia Strategic Advisors. Project oversight is pr ovided by a s teering committee comprising the Perm anent Secretaries of the following ministries : Public Works; Economic Development ; Tourism, Transport and Municipalities ; and the Financial Secretar y. Mr. Speaker, the issuance of the Request for Proposal was preceded by a Request for Qualific ations [ RFQ ] that was published in August of last year. The RFQ was designed to ensure that only those companies that met the qualifying standards would be eligible to participate in the bidding process. These standards included a demonstrated financial c apacity to build and operate a solar PV facility of this scale and an established track record of operating efficiency and reliability. In other words, Mr. Speaker, a r espondent who had never developed or operated a solar photovolt aic facility of the requisite size would not qualify. The RFQ process yielded 29 submissions, one of which was disqualified due to a late submi ssion, leaving 28 to be evaluated. Of the 28 [candidates] , 19 fully met the pass/fail criteria and were therefore issued with an RFP and invited to bid on the project. Mr. Speaker, this project has attracted international attention, with potential bidders from Berm uda, Canada, Spain, the United States, Germany, the United Kingdom , and Australia. As would be expected, the project team has conducted this project according to established international best practice standards to ensure that every aspect of the project is conducted in an open, fair , and transparent manner. Mr. Speaker, one of the objectives of this pr oject is to provide pricing stability for a portion of Ber-muda’s electricity supply by ensuring that the price remains fixed over time. The cost of electricity generated by solar power is not subject to price fluctuations; therefore, this cost can be contractually fixed over the 20-year anticipated life of the facility. Other obj ectives of this project include the diversification of the energy supply , and the reduction in Bermuda’s carbon emi ssions, which could avoid as much as 4,000 metric tons of carbon emissions per year of operation. Mr. Speaker, the bid factor for the proposals is the fixed price previously mentioned and is based up-on the bid price for a kilowat t-hour. This will be a pri ncipal factor in selecting the successful candidate. A lso, to ensure that each bidder is able to offer a price that is based primarily upon those factors that are within their direct control, the Government has deci ded to ensure that two specific variables of a typical bidder’s pricing model are pre- defined. These variables are the cost of site preparation and the rental cost for the property. The Government will therefore prepare the site at its expense, to be recovered from the rental income for the approximate 15 acres that will be leased to the developer. The Government will also indemnify the successful bidder against any preexisting environmental conditions that may be found during the works required to develop the facility. The bidders can therefore eliminate the site- preparation costs from their models and add the rental costs that will be set by the Minister of Public Works. Mr. Speaker, the Requests for Proposal that were issued during the early part of December spec ified an initial response date of J anuary 31 st. However , after several requests from prospective bidders and the need for the project team to provide additional information, the s teering committee authorised an extension to the second week of March. The project team therefore estimates that they will be in a position to recommend the successful candidate by early April. Mr. Speaker, the procurement phase of this project is the culmination of a year of preparatory work , having addressed matters that range from environmental fatal flaws to infrastructure constraints. This project will be a model for the procur ement of other utility -scale energy projects , by having created a comprehensive suite of documents that cover all known elements of a project of this nature. Finally , Mr. Speaker, this project is only the first phase of the use of the f inger for solar photovolt aic power. A second project on the f inger will be considered once BELCO infrastructure upgrades are scheduled and completed for the East End. In the i nterim, Mr. Speaker, I will continue to provide this Honourable House wi th periodic updates on this initial pr oject as it progresses. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. T hank you, Minister. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. Excuse me. There is the Honourable Member, Mr. Wayne Furbert , sorry. You have the report. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, under the provisions of Standing Order 34(3) of the House of Assembly, I hereby su bmit for the information of the …
There are none. Excuse me. There is the Honourable Member, Mr. Wayne Furbert , sorry. You have the report. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, under the provisions of Standing Order 34(3) of the House of Assembly, I hereby su bmit for the information of the Honourable House of Assembly the R eport of the Parliamentary Standing Committee on the Public Accounts, and the Special
Bermuda House of Assembly Report of the Auditor General on the Port Royal Golf Course Improvement Capital Project, Development Project. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. QUESTION PERIOD
The SpeakerThe SpeakerThank you. We now move to Question Period. Just before we start the Question Period, I just want to beg leave of the House, because the Standing Order 18(1) requires that the questions be asked in order, as on the paper. And I am asking the leave of the House …
Thank you. We now move to Question Period. Just before we start the Question Period, I just want to beg leave of the House, because the Standing Order 18(1) requires that the questions be asked in order, as on the paper. And I am asking the leave of the House so that we can go out of order because of the number of questions that are being asked. And some of these questions will be deferred until the next session because of the extraordinary circumstances of our having missed two [meetings] . Additionally, on the Order Paper, I just ask the House and beg leave, on the Order Paper, for the number of questions . . . the number of questions on the Order Paper by any Member should be three. And we have five questions from Member Rabain, Member Burt, and Member Lister. These Members will be able to ask three questions, but there are five questions on the Order Paper. So I just want to beg leave in order for that to be confirmed. And then, there are some questions which the Whip has informed me have been deferred. I will just inform you of the questions that have been deferred. It is a question from MP K. N. Wilson to Minister Atherden, questions from MP D. V. S. Rabain to Mi nister Simons, questions from MP W. L. Furbert to Mi nister Bascome, questions from MP D. P. Lister to Mi nister Cannonier, questions from MP L. F. Foggo to Minister Scott, and questions from MP E. D. Burt to Minister E. T. Richards.
The SpeakerThe SpeakerOh, yes, yes, right, right. Sorry. Thanks for that. I am going through these papers here. And also the questions from MP W. Brown to Minister Gordon- Pamplin. Those questions will be deferred until the next meeting. And we will go down the list of questions now. First of all, …
Oh, yes, yes, right, right. Sorry. Thanks for that. I am going through these papers here. And also the questions from MP W. Brown to Minister Gordon- Pamplin. Those questions will be deferred until the next meeting. And we will go down the list of questions now. First of all, we will do the questions that have been agreed that Members will ask today. Then we go to the questions on the Ministerial Statements. And if there is any time, maybe if there is still time, then I am made to understand that MP Brown would ask his question today. Is that correct, before we move forward? That is if we get to that point. [Inaudible interjection]
The SpeakerThe SpeakerOkay. So thank you, and I beg leave of the House for that adjustment. If there are no objec-tions to that, then we will move into Question Period. [Pause]
The SpeakerThe SpeakerAlso, just recognise that the written answers should have already been received by Members. We will first go to the Honourable Member from constituency 24, MP Scott.
The SpeakerThe SpeakerGood morning. QUESTION 1: DIRECTIVES ISSUED TO THE TRUCKS ADVISORY COMMITTEE
Mr. W. Lawrence ScottWill the Honourable Minister please inform this Honourable House of any directives issued by the current, and/or any former, Minister r esponsible for Transport to the Trucks Advisory Com-mittee between December 18 th, 2012, to September 30th, 2016, and if he will make a Statement?
The SpeakerThe SpeakerNo. Only question 3 is starred.
The Hon. Dr. E. Grant GibbonsFair enough. Thank you, Mr. Speaker. The answer is the Minister has not issued any directives, nor is the Minister aware of any directives issued by the former Minister, or acting Ministers, to the Trucks Advisory Committee from December 18 th, 2012, to September 30th, 2016. And the Minister will …
Fair enough. Thank you, Mr. Speaker. The answer is the Minister has not issued any directives, nor is the Minister aware of any directives issued by the former Minister, or acting Ministers, to the Trucks Advisory Committee from December 18 th, 2012, to September 30th, 2016. And the Minister will not be making any statements. 344 3 February 2017 Official Hansard Report
Mr. W. Lawrence ScottMr. Speaker, I just wanted to make it known that I do not have the written answers for the first two. 1. Will the Honourable Minister please inform this Honourable House of how many truck permits were granted, by quarter, by the Mi nister between January 1, 2013 and September …
Mr. Speaker, I just wanted to make it known that I do not have the written answers for the first two.
1. Will the Honourable Minister please inform this Honourable House of how many truck permits were granted, by quarter, by the Mi nister between January 1, 2013 and September 30, 2016; and if they could be categorised ac-cording to Schedule 1A of the Motor Car Act 1951?
2. Will the Honourable Minister please inform this Honourable House of the number of initial truck registrations by quarter between Janu-ary 1, 2013 and September 30, 2016?
The SpeakerThe SpeakerRight. Okay. Dr. Gibbons, obviously you must have thought that they were oral.
The Hon. Dr. E. Grant GibbonsI believe, Mr. Speaker, they were provided to the Clerk’s office, as far as I know. If they do not have them, I have got extra copies.
The SpeakerThe SpeakerOkay. Thank you. Thank you, Dr. Gi bbons.
The SpeakerThe SpeakerWe will follow that up. Thank you. Mr. Rabain’s questions were [answered in writing]. QUESTIONS: WORK PERMIT APPLIC ATIONS FOR POSITIONS SUBJECT TO N ATIONAL CERTIFIC ATION 1. Will the Honourable Minister please provide updates to the following categories a-d below, as per her Ministerial State ment of June 2016, …
We will follow that up. Thank you. Mr. Rabain’s questions were [answered in writing].
QUESTIONS: WORK PERMIT APPLIC ATIONS FOR POSITIONS SUBJECT TO N ATIONAL CERTIFIC ATION
1. Will the Honourable Minister please provide updates to the following categories a-d below, as per her Ministerial State ment of June 2016, as it relates to persons currently working in positions and those with work permits in pos itions subject to National Certifications (pr ovide answers showing local workers and per-mit workers separately):
a) The number of Electricians ou tstanding from inception of certification that have been processed as of September 30, 2016, and how many remain outstanding; b) The number of Expired Electricians re-registered for certification as of November 2016, and how many remain outstanding; c) The number of Outstanding Aut omotive workers registered for certification as of November 2016, and how many remain outstanding; d) The number of Outstanding Lan dscape Gardeners registered for certification as of November 2016, and how many remain outstanding?
2. Will the Honourable Minister please inform this Honourable House how many work permit applications for positions subject to National Certification have been vetted, and National Certification Certificates issued since August 1, 2016? 3. Will the Honourable Minister please inform this Honourable House how many permit holders in the Automotive Service Technicians and Landscape Gardeners positions without National Certification have been processed and assessed for certification between July and November 2016, and of the number with permits, how many were approved?
The SpeakerThe SpeakerThe Chair will now recognise the Honourable Member from constituency 35, the Honour able D. P. Lister. Hon. Dennis P. Lister: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. QUESTION 1: CABINET OFFICE RENOVATIONS Hon. Dennis P. Lister: Mr. Speaker, my questions are for the Minister of Works. Question number 1: Would the Honourable Minister please inform this Honourable House of the original estimate, cost, and timeline for renovation works for the Cabinet building?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. Approximately [$]1. 73 [million]. And compl etion date is now to be 31 st of March 2017. That is the original, yes. That is the original, yes.
The SpeakerThe SpeakerThank you. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Question number 2.
The SpeakerThe SpeakerYes. QUESTION 2: CABINET OFFICE RENOVATIONS Hon. Dennis P. Lister: Would the Honourable Mini ster please inform this Honourable House as to whet hBermuda House of Assembly er or not this project is still on time and on budget, as compared to the original date.
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. Currently, the project is on budget. We do have a 15 per cent contingency built into that [$]1.73 [million] figure that we gave for the project. What took place was we found two eastern offices that had as-bestos in them …
Minister. Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. Currently, the project is on budget. We do have a 15 per cent contingency built into that [$]1.73 [million] figure that we gave for the project. What took place was we found two eastern offices that had as-bestos in them that we were not aware of. And that caused some of the delays. As you also know, when we started the work in October we had Hurricane N icole as well. That slowed up some of the process. So now we are looking at April as being that completion date, the end of April.
The SpeakerThe SpeakerThank you. Supplementary, Opposition Leader? Hon. E. David Burt: Yes, thank you very much. The Sp eaker: Yes. SUPPLEMENTARIES Hon. E. David Burt: Supplementary question. Could the Honourable Minister please clarify how much of the contingency has been used regar ding the 15 per cent contingency included in that budget?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Yes. I do not have that detail, but I am sure going to get it within the next couple of minutes. I do not have that detail.
The SpeakerThe SpeakerAll right. Thank you. Yes, Opposition Leader Burt. Hon. E. David Burt: As a second supplementary.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Will the Honourable Minister please indicate . . . he said April. Is there a particular day in April?
The SpeakerThe SpeakerA particular day? Hon. L. Craig Cannonier: I believe I already a nswered that. I said the end of April .
The SpeakerThe SpeakerThe end of April is April 30 th, isn’t it? Thank you. MP Lister. QUESTION 3: CABINET OFFICE RENOVATIONS Hon. Dennis P. Lister: Thank you, Mr. Speaker. The third question, Mr. Speaker: Would the Honourable Minister please inform this Honourable House of the monthly costs, such as rent and other …
The end of April is April 30 th, isn’t it? Thank you. MP Lister. QUESTION 3: CABINET OFFICE RENOVATIONS
Hon. Dennis P. Lister: Thank you, Mr. Speaker. The third question, Mr. Speaker: Would the Honourable Minister please inform this Honourable House of the monthly costs, such as rent and other expenses, that are being incurred to accommodate the Cabinet Office in other locations during these ren-ovations?
Hon. L. Craig Cannonier: Thank you very much, Mr. Speaker, for this opportunity. At current, the rent is $8,333 per month. What is included in that is electric ity. And also included in that is the service charge e lement of rent. What is not in there is, of course, the insurance that is handled by the landlord. But as far as the $8,333, that includes electricity. Outside of that, I do not know what else Cabinet pays for in cleaning and the like.
The SpeakerThe SpeakerThank you. Yes, D. P. Lister. SUPPLEMENTARY Hon. Dennis P. Lister: I was not going to ask a supplementary at first, [but then] the last comment when the Minister said, Outside of Cabinet, he did not know of any other cost. And the question basically was tr ying to look …
Thank you. Yes, D. P. Lister.
SUPPLEMENTARY
Hon. Dennis P. Lister: I was not going to ask a supplementary at first, [but then] the last comment when the Minister said, Outside of Cabinet, he did not know of any other cost. And the question basically was tr ying to look at all costs, to have the question that asked for all costs related to Cabinet Office being located in another l ocation while the renovations are taking place. And the Minister indicated the $8,333, but then he was about to say . . . he said he was not sure about other costs. Are there other costs? [That] is my question now.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I can only speak to the part that Public Works is responsible for. Cabinet obviously has other costs that it incurs for Cabinet. I do not know all of what those are—for instance, cleaning. We do not handle the cleaning part, so I do not have that information within Public Works. If you want other costs, then you can ask the Premier for those costs. But we do not handle those; only Public Works. I gave you what Public Works handles.
The SpeakerThe SpeakerThank you very much. All right. Thank you, MP Lister. The Chair will now recognise the Honourable D. V. Burgess, from constituency 5. QUESTION 1: RENTAL FERRIES COSTS Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. 346 3 February 2017 Official Hansard Report Bermuda House of Assembly Mr. Speaker, …
Thank you very much. All right. Thank you, MP Lister. The Chair will now recognise the Honourable D. V. Burgess, from constituency 5.
QUESTION 1: RENTAL FERRIES COSTS
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. 346 3 February 2017 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, will the Honourable Minister please inform this Honourable House the total funds paid for the rental ferries, including housing and any benefits to individuals, stated in the contract agre ement from the period of inception to September the 30 th, 2016?
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Mr. Speaker, the Ministry can advise that the total cost for the four years in question is as follows: • In 2013— $1,940,395, comprising $1,250,000 for the charter contract fees, and $690,395 for the operational costs including delivery fees, payroll, travel, fuel, utilities, and accommodations; • …
Thank you, Mr. Speaker. Mr. Speaker, the Ministry can advise that the total cost for the four years in question is as follows: • In 2013— $1,940,395, comprising $1,250,000 for the charter contract fees, and $690,395 for the operational costs including delivery fees, payroll, travel, fuel, utilities, and accommodations; • In 2014— $1,817,243, comprising $1,250,000 in charter contract fees, $567,243 in oper ational costs; • In 2015— $1,837,991, comprising $1,250,000 in charter contract fees, and $587,991 in op-erational costs; • In 2016 —$1,681,432, comprising $1.2 million in charter contract fees, and $481,432 in op-erational costs, which, as I have said, includ-ed delivery fees, payroll, travel, fuel, utilities and accommodations.
Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The Chair will recognise MP Burgess again. Supplementary? SUPPLEMENTARIES Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker, thank you. At present, we are averaging out the ferries to be costing us over —well, $303,000 per month. Do you have a comparison in cost if that was …
The SpeakerThe SpeakerMP Burgess, yes? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Would the Minister be kind enough to provide those figures at the next session?
The Hon. Dr. E. Grant GibbonsCertainly, Mr. Speaker. I do not think that will be a problem. I think the issue that the Honourable Member perhaps does not understand is that this ferry is providing additional capacity. So it is not a question of being able to use existing capacity instead of a leased or …
Certainly, Mr. Speaker. I do not think that will be a problem. I think the issue that the Honourable Member perhaps does not understand is that this ferry is providing additional capacity. So it is not a question of being able to use existing capacity instead of a leased or a chartered ferry. This is additional capacity to provide capacity between St. George's and Dockyard because of the increased demand. Thank you.
The SpeakerThe SpeakerThank you, Minister. Thank you, MP Burgess. The Chair will now recognise the Honourable Member from constituency 6, MP W. L. Furbert. Hon. Wayne L. Furbert: Yes, but —
The SpeakerThe SpeakerI am sorry. Both of those are written. Both of those were written responses. Hon. Wayne L. Furbert: Yes. That’s right. [Inaudible interjections] Hon. Wayne L. Furbert: And I have the answers here, Mr. Speaker.
The SpeakerThe SpeakerRight . The answers are . . . [Pause]
The SpeakerThe SpeakerThe Chair will now recognise . . . is there any Member who is going to ask the questions for MP De Silva? Hon. E. David Burt: I will ask.
The SpeakerThe SpeakerAll right. The Chair will recognise the Leader of the Opposition. QUESTION 1: LEGAL FEES PAID TO MJM LIMITED Hon. E. David Bur t: Thank you very much, Mr. Speaker. Mr. Speaker, regarding the questions to the Honourable Attorney General, will the Honourable Attorney General please provide the total amount …
All right. The Chair will recognise the Leader of the Opposition.
QUESTION 1: LEGAL FEES PAID TO MJM LIMITED
Hon. E. David Bur t: Thank you very much, Mr. Speaker. Mr. Speaker, regarding the questions to the Honourable Attorney General, will the Honourable Attorney General please provide the total amount of legal fees which Government has paid to MJM Limited between the 1 st of January 2013 and the 31st of January 2017?
Hon. Trevor G. Moniz: Mr. Speaker, as these are questions spanning a variety of ministries, I would ask that they be deferred until next week.
The SpeakerThe SpeakerJust a minute. Let me hear that again. Hon. Trevor G. Mo n iz: As these matters are spa nning ministries . . . he is asking for the whole of Government. So, you know, while I have more information with respect to my Ministry, I am gathering information from …
Just a minute. Let me hear that again.
Hon. Trevor G. Mo n iz: As these matters are spa nning ministries . . . he is asking for the whole of Government. So, you know, while I have more information with respect to my Ministry, I am gathering information from all the ministries over those periods, because
Bermuda House of Assembly other ministries hire attorneys. So I would ask that they be deferred until next week.
The SpeakerThe SpeakerYes, yes. Honourable Member, right. Thank you. Thank you. All right. So next week we will get that. The Chair will now recognise the Honourable Member M. A. Weeks.
The SpeakerThe SpeakerAll right. Very good. The Clerk: Which set are those, Mr. Speaker?
The SpeakerThe SpeakerSorry? The Clerk: Which set are those questions pertaining to Mr. M. A. Weeks?
The SpeakerThe SpeakerM. A. Weeks. They should be — The Clerk: There are two sets.
The SpeakerThe SpeakerNo. There is only one set of questions from Weeks. The Clerk: Okay. QUESTIONS: FINANCIAL ASSISTANCE 1. Will the Honourable Minister please inform this Honourable House of the total number of persons who have signed up for financial as-sistance between January 1st 2016 to D ecember 31st 2016? 2. Will …
No. There is only one set of questions from Weeks. The Clerk: Okay.
QUESTIONS: FINANCIAL ASSISTANCE
1. Will the Honourable Minister please inform this Honourable House of the total number of persons who have signed up for financial as-sistance between January 1st 2016 to D ecember 31st 2016?
2. Will the Honourable Minister please inform this Honourable House of the racial and gen-der demographics of the client base of the Department of Financial Assistance as of January 2017?
3. Will the Honourable Minister please inform this Honourable House of first time, abled bodied working age users of financial assi stance due to job loss between January 1st 2016 to December 31st 2016?
The SpeakerThe SpeakerE. D. Burt, you have the floor. Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. QUESTION 1: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE Hon. E. David Burt: Mr. Speaker, would the Honourable Premier please inform this Honourable House how many meetings and/or conversations he had with any members of the Bermuda Police Service [BPS] on December 1 st or …
The SpeakerThe SpeakerMinister. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. There were no meetings and conversations with members of the Bermuda Police Service on D ecember 1 st, 2016. I attended one meeting and had a few conversations with members of the Bermuda P olice Service on December 2nd regarding protests …
Minister. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. There were no meetings and conversations with members of the Bermuda Police Service on D ecember 1 st, 2016. I attended one meeting and had a few conversations with members of the Bermuda P olice Service on December 2nd regarding protests at the House of Assembly. Also, two members of Special Branch were at the Cabinet Office during the day on December 2 nd. The meeting referred to earlier in this answer, Mr. Speaker, was at Government House around 3:00 pm on December 2 nd. For clarity, Mr. Speaker, I assume convers ations include telephone calls. And in that regard, I have now received the records from the providers and need time to review the call log to pull out which ones were, in fact, with members of the BPS. I will revert once I have reviewed them.
The SpeakerThe SpeakerAll right. Thank you. Yes, you have a supplementary, MP Roban?
Mr. Walter H. RobanCan the Premier perhaps i nform us as to whom he had his conversations with during that day specifically, other than what he has stated here generally in his statement as to whom?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr . Speaker, the meeting at Government House was with myself, the acting Governor, the A ttorney General, the Minister of National Security . . . and I am trying to think, was there anyone else at the 348 3 February …
Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr . Speaker, the meeting at Government House was with myself, the acting Governor, the A ttorney General, the Minister of National Security . . . and I am trying to think, was there anyone else at the 348 3 February 2017 Official Hansard Report
Bermuda House of Assembly meeting? The Police Commissioner was there as well, yes.
The SpeakerThe SpeakerAll right. Thank you. Second supplementary?
Mr. Walter H. RobanMr. Speaker, can the Honour able Premier give us some insights as to exactly what was discussed between those parties at that meeting at Government House on that date and time?
The SpeakerThe SpeakerPremier. Hon. Mic hael H. Dunkley: Thank you, Mr. Speaker. And the Deputy Commissioner was there, as well. The discussion, Mr. Speaker, was around the events the day earlier and the protest.
The SpeakerThe SpeakerThank you. Yes, MP Burt. Hon. E. David Burt: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. Yes. SUPPLEMENTARY Hon. E. David Burt: Mr. Speaker, in the Premier’s response, he said he had a few conversations with members of the Bermuda Police Service on Decem-ber 2 nd regarding protests at the House of Assembly. Can the Honourable Premier please indicate with whom he had those conversations?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, those were, in fact, telephone calls. And I am researching the log so I can be accurate on the information I provide.
The SpeakerThe SpeakerThank you. Yes, the Learned Member, MP Michael Scott, you have a supplementary? Hon. Michael J. Scott: A supplementary, yes.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Michael J. Scott: Can the Honourable Premier advise the House why the log, which consists of but three, four, five, six items of interest that link the con-versations about which we are speaking, why it will take the Premier time to plough through those logs to answer …
The SpeakerThe SpeakerPremier. Hon. Mic hael H. Dunkley: Mr. Speaker, I am just a little confused. The Honourable Member talks about three, four and a few items of interest. Could he give more explanation on what he exactly is referring to?
The SpeakerThe SpeakerMP Scott. Hon. Michael J. Scott: Before I do so, Mr. Speaker, may I also have a further supplementary?
The SpeakerThe SpeakerYes. Hon. Michael J. Scott: Will the Premier —
The SpeakerThe SpeakerCan you help that situation? Hon. Michael J. Scott: To the Premier through the Chair: I submitted the PATI request, and I received the log, the Digicel log. And I am looking at it. And I would like the Premier to indicate why he requires time for assessing, or ploughing …
Can you help that situation? Hon. Michael J. Scott: To the Premier through the Chair: I submitted the PATI request, and I received the log, the Digicel log. And I am looking at it. And I would like the Premier to indicate why he requires time for assessing, or ploughing through, these listed phone numbers when I only see six of them.
The SpeakerThe SpeakerPremier. Hon. Michael H . Dunkley: Mr. Speaker, my cell phone provider is not Digicel. I am not aware of what log the Honourable Member refers to. I have two phone numbers. The one phone number has dozens of phone calls for the 1 st and the 2nd, and every …
Premier. Hon. Michael H . Dunkley: Mr. Speaker, my cell phone provider is not Digicel. I am not aware of what log the Honourable Member refers to. I have two phone numbers. The one phone number has dozens of phone calls for the 1 st and the 2nd, and every number is listed by number without an attachment of name. So I have to go through every number and fi gure out the name. My second number also has do zens of calls, Mr. Speaker. I was away earlier this week , having some outpatient surgery, and I have not had time to do that math, which I need to do myself, Mr. Speaker. But I am not aware of what the Honourable Member refers to. I am not in possession of that log; it is not my telephone log.
The SpeakerThe SpeakerAll right. Thank you. Hon. Michael J. Scott: Thank you.
The SpeakerThe SpeakerYes. Seco nd supplementary? Hon. Michael J. Scott: I am grateful, Mr. Speaker. Will the Premier specifically inform the House whether the nature of his discussions on Decem-ber 2 nd with either the Commissioner of Police, the acting Governor or indeed , [the] Speaker , related to the deployment of …
Yes. Seco nd supplementary? Hon. Michael J. Scott: I am grateful, Mr. Speaker. Will the Premier specifically inform the House whether the nature of his discussions on Decem-ber 2 nd with either the Commissioner of Police, the acting Governor or indeed , [the] Speaker , related to the deployment of the heavy -handed police force . . . let me make that clear: the police unit that were dressed in helmets. Were any of your conversations
Bermuda House of Assembly with any of those three personages concerned with the deployment of the special police u nit?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, as the Commissioner of Police has said on a number of occasions, police tactics and options are up to the Police Commissioner himself. And he said that on a number of occasions.
The SpeakerThe SpeakerThank you, Premier. [Inaudible interjection]
The SpeakerThe SpeakerNo, you have had your two, Honour able Member. The Chair will recognise the Honourable Member from constituency 13, who was on his feet, MP Rabain. SUPPLEMENTARIES
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Mr. Speaker, would the Premier, to the best of his recollection, tell us whom he spoke to on the phone before one o’clock on December 2 nd?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I have t o again reiterate to the Honourable Member that I have to look through that phone log. Before one o’clock on that date, I can tell you there were dozens of phone calls. So to the best of my recollection, I …
Premier. Hon. Michael H. Dunkley: Mr. Speaker, I have t o again reiterate to the Honourable Member that I have to look through that phone log. Before one o’clock on that date, I can tell you there were dozens of phone calls. So to the best of my recollection, I will not be accurate on whom I spoke to, because I am sure there were a dozen people. I was on the phone . . . I believe the first call I had that day was about 5:30 in the morning, Mr. Speaker. And the phone goes all day long.
The SpeakerThe SpeakerYes. Thank you. The Chair will recognise a follow -up from MP Rabain. SUPPLEMENTARY
Mr. Diallo V. S. RabainThank you. Thank you, Mr. Speaker. Mr. Speaker, could the Premier please tell this Honourable House, did he speak to anyone within the Police Service before one o’clock on December 2 nd?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerThank you. The Chair will recognise now the Honourable Member from constituency 35, D. P. Lister. SUPPLEMENTARY Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, a supplementary to the Premier. Mr. Premier, can you inform this House as to when you were aware that the riot squad would …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I cannot r ecall the exact time. But I think it was when I actuall y saw images that were being put out over social media. As I said, again, the police are up to the sole oper ations of that department. And …
The SpeakerThe SpeakerThank you, Premier. MP De Silva. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. [Through] Mr. Speaker, Premier, you said that you did speak to the police on that morning. Can you tell us exactly whom you spoke to? And when you spoke to them, did you …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I know I spoke to the Commissioner of Police in the morning. I cannot recall who else I might have spoken to within the police. I have to go look at those call records.
The SpeakerThe SpeakerThank you, Premier. Do you have a follow -up? Hon. Zane J. S. De Silva: Yes, Mr. Speaker. He said that he spoke to the police chief. And the second part of that question was, Did you talk to him about the deployment of the riot police? Hon. Michael H. …
Thank you, Premier. Do you have a follow -up? Hon. Zane J. S. De Silva: Yes, Mr. Speaker. He said that he spoke to the police chief. And the second part of that question was, Did you talk to him about the deployment of the riot police?
Hon. Michael H. Dunkley: Mr. Speaker, I have a nswered that already. Operations and tactics are up to the Commissioner.
The SpeakerThe SpeakerAll right. Thank you. The Chair will now recognise the Honourable Member Commissiong. You have the floor. SUPPLEMENTARY
Mr. Rolfe CommissiongThank you, Mr. Speaker. Mr . Speaker, same timeline for the Premier. Premier, did you have any discussion with Gover n350 3 February 2017 Official Hansard Report Bermuda House of Assembly ment House with respect to the deployment of the riot squad? Hon. Michael H. Dunkley: Mr. Speaker, the same …
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Member, MP Weeks. You have the floor. SUPPLEMENTARY
Mr. Michael A. WeeksThank you, Mr. Speaker. My question to the Honourable Premier is, when you spoke to the Commissioner, or whomever, during the morni ng (or after ) of December 2 nd, was your opinion ever asked of whether or not to deploy the riot squad, at least?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speaker.
The SpeakerThe SpeakerYes. MP Commissiong, do you have a second supplementary? SUPPLEMENTARY
Mr. Rolfe CommissiongI do, Mr. Speaker. Thank you. Mr. Speaker, will the Premier confirm that, in effect, it is Government House that has the ultimate operational control of the police?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I believe the Honourable Member is aware that the Commissioner of Police has the operational control.
The SpeakerThe SpeakerThank you. All right. Thank you very much, Honourable Members. I go back to MP Burt. SUPPLEMENTARY Hon. E. David Burt: Mr. Speaker, supplementary question. I still have one more.
The SpeakerThe SpeakerYes, you do. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the Honourable Premier has indicated that he had conversations with members of the Bermuda Police Service, but he cannot recall whom, other than the Commissioner, he spoke to. So, I give the Premier another opportunity …
Yes, you do. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the Honourable Premier has indicated that he had conversations with members of the Bermuda Police Service, but he cannot recall whom, other than the Commissioner, he spoke to. So, I give the Premier another opportunity to please in-form the House, whom else in the police did he speak to, and did he possibly speak to the Deputy Commi ssioner or any other persons, assistant commissioners and otherwise?
The SpeakerThe SpeakerThank you. Yes, Mr. Premier. Hon. Michael H. Dunkley: Mr. Speaker, if we get to answer number three, I think there is more explanation in there.
The SpeakerThe SpeakerThank you, Premier. MP Lister, yes. SUPPLEMENT ARY Hon. Dennis P. Lister: Supplementary. Supplementary is just a direct one, Mr. Speaker. The Premier has made it clear that he did not speak to the Commissioner. My question is, Would he have spoken to the Deputy Commissioner — [Gavel] [Inaudible inter …
Thank you, Premier. MP Lister, yes.
SUPPLEMENT ARY
Hon. Dennis P. Lister: Supplementary. Supplementary is just a direct one, Mr. Speaker. The Premier has made it clear that he did not speak to the Commissioner. My question is, Would he have spoken to the Deputy Commissioner —
[Gavel] [Inaudible inter jection s and laughter ]
Hon. Dennis P. Lister: Mr. Speaker, the question is to the Premier: Would he have spoken to the Deputy Commissioner, as he was not able to speak to the Commissioner himself, directly?
The SpeakerThe SpeakerMr. Premier? Hon. Michael H. Dunk ley: Mr. Speaker, I did not say that I was not able to speak to the Commissioner.
The SpeakerThe SpeakerThank you. Thank you very much. The Chair now recognises MP Burt. MP Burt? QUESTION 2: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE Hon. E. Da vid Burt: Mr. Speaker, question number two.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Will the Honourable Premier please inform this Honourable House the dates and times of the conversations he had with any members of the Bermuda Police Service on December 1 st or 2nd regarding the protest at the House of Assembly?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. In answer to number one, I asked that the Honourable Member allow me to go through the Bermuda House of Assembly phone records so I could give the complete date and time of those calls.
The SpeakerThe SpeakerThank you. Yes, MP . . . Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Premier, can you tell us if you and your Government had at any time planned to enter the House of Assembly that morning in the back of police vans?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, in the a nswer to my third question, I do provide some more information. We were always informed, by the Special Branch officers who were at the Cabinet Office, on the options of getting into the House. But no decisions were made because …
The SpeakerThe SpeakerThank you. Thank you. Yes, MP De Silva. Hon. Zane J. S. De Silva: Okay. My follow -up to that, Mr. Premier, is, you said no decisions were made. But were the discussions held? And were you contemplat-ing that?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I already answered that question in the previous answer.
The SpeakerThe SpeakerThank you, Premier. The Chair will recognise the Honourable Member from constituency 36, the Learned Member. SUPPLEMENTARY Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, will the Premier agree, having confirmed that operational steps were being taken to get Ministers and Members of the Government into the House, …
Thank you, Premier. The Chair will recognise the Honourable Member from constituency 36, the Learned Member.
SUPPLEMENTARY
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, will the Premier agree, having confirmed that operational steps were being taken to get Ministers and Members of the Government into the House, having confirmed that that was under dis-cussion, will the Premier confirm that one of the o ptions for getting Ministers and Members of the Government into the House was the deployment of the special police riot unit to open the gates?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I have a lready answered that question. In [ my answer to] question three, I give further details. So if Members want to go to question three, we can do that. And I can pr ovide the answer there, and then they can …
The SpeakerThe SpeakerOkay. Thank you. The Chair will recognise MP Commissiong. SUPPLEMENTARY
Mr. Rolfe CommissiongThank you again, Mr. Speaker. Mr. Speaker, considering that, constitutionally, the Government House and the person of the Gover-nor and/or the Deputy Governor, in his absence, has ultimate responsibility for internal security, is the Premier saying that there were no discussions from Government House to him and/or other Ministers in …
Thank you again, Mr. Speaker. Mr. Speaker, considering that, constitutionally, the Government House and the person of the Gover-nor and/or the Deputy Governor, in his absence, has ultimate responsibility for internal security, is the Premier saying that there were no discussions from Government House to him and/or other Ministers in his Government with respect to the events that we are discussing today?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I refer to the meeting— [Inaudible interjections]
The SpeakerThe SpeakerJust a minute. [Pause] Hon. Michael H. Dunkley: Mr. Speaker, I refer to the meeting we had at Government House on December 2 nd, and conversation was held during that meeting on the events of the day.
The SpeakerThe SpeakerAll right. Thank you. Yes. The Chair will recognise MP Walton Brown.
Mr. Walton BrownMr. Speaker, can the Honourable Premier tell this Honourable House if he recalls having a meeting with the Deputy Commissioner prior to the one o’clock time frame on December 2 nd, 2016?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr . Speaker, I cannot r ecall that. I might have had a phone conversation, but I have to look at the logs. 352 3 February 2017 Official Hansard Report Bermuda House of Assembly
The SpeakerThe SpeakerAll right. Thank you, Premier. MP Scott, you have another supplementary. Yes. SUPPLEMENTARY Hon. Michael J. Scott: Mr. Speaker, will the Premier acknowledge that the events of this nature were so serious and grave that they would have registered in terms of detail with the Premier of the country in …
The SpeakerThe SpeakerPremier. Hon. Michael J. Scott: That these events and the specific details of these grave and serious and unus ual events would have registered with the Premier in greater clarity than he is indicating to this House t oday?
The SpeakerThe SpeakerThank you. Thank you, MP. Hon. Michael H. Dunkley: Mr. Speaker, with all due respect to the Honourable Member, I am very clear on the events of the day. But Honourable Members want me to provide specific details. I am not going to stand on the floor of the House …
Thank you. Thank you, MP. Hon. Michael H. Dunkley: Mr. Speaker, with all due respect to the Honourable Member, I am very clear on the events of the day. But Honourable Members want me to provide specific details. I am not going to stand on the floor of the House without going through the phone records, Mr. Speaker. Because the next thing, next week, they will be coming back here and saying I misled the House. I am not going to do that, Mr. Speaker. And I ask Honourable Members to understand that I gave the commitment to go through the record and reveal all the details when I get the appr opriate time to do that. But, obviously, Mr. Speaker, I think Honour able Members will know that every single one of us who have cell phones is contacted on numerous oc-casions throughout the day. So there is real, specific work that has to be done. And only I can do that work, because only I can go into my phone and match names with a number, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, thank you. Yes. The Chair will recognise MP E. D. Burt. SUPPLEMENTARY Hon. E. David Burt: With my second supplementary, if I may, Mr. Speaker, on this question.
The SpeakerThe SpeakerYes. Yes. Hon. E. David Burt: Mr. Speaker, in an answer the Honourable Premier just confirmed that he did speak with the Deputy Commissioner or had a phone call with the Deputy Commissioner. Can the Honourable Premier recall if he had a conversation with any other members of the police? …
Yes. Yes.
Hon. E. David Burt: Mr. Speaker, in an answer the Honourable Premier just confirmed that he did speak with the Deputy Commissioner or had a phone call with the Deputy Commissioner. Can the Honourable Premier recall if he had a conversation with any other members of the police? Will the Honourable Pr emier please confirm that he had conversations with any other members of the upper echelons of the Police Service, assistant commissioners, et cetera?
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Mr. Speaker, I did not confirm that I had a conversation with the Deputy Commissioner. Mr. Speaker, let me be very clear. I assume that Ministers and Members of the House will have the opportunity, for good or for bad, to call the police …
Thank you. Hon. Michael H. Dunkley: Mr. Speaker, I did not confirm that I had a conversation with the Deputy Commissioner. Mr. Speaker, let me be very clear. I assume that Ministers and Members of the House will have the opportunity, for good or for bad, to call the police on occasion. If I call the police, if it is appropriate, as it was in th is case, I will call the Police Commissioner. I will not call the Deputy if the Police Commissioner is there. And that is why I want to check, because I do not recall having a conversation with the Deputy other than that he was at the meeting at Government House on the afternoon of December 2 nd.
The SpeakerThe SpeakerAll right. Thank you very much, Premier. MP Burt, you have a third question? QUESTION 3: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE Hon. E. David Burt: Thank you, Mr. Speaker. Question number three. Question number three is, Will the Honourable Premier please inform this Honourable House …
All right. Thank you very much, Premier. MP Burt, you have a third question?
QUESTION 3: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE Hon. E. David Burt: Thank you, Mr. Speaker. Question number three. Question number three is, Will the Honourable Premier please inform this Honourable House the p olice tactical options that were discussed with him by members of the Bermuda Police Service on Decem-ber 1 st or 2nd regarding the protest at the House of Assembly?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, no tactical options were di scussed by myself with members of the Bermuda P olice Service on December 1st or 2nd regarding the pr otest at the House of Assembly. The Commissioner of Police has confirmed such. On December …
Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, no tactical options were di scussed by myself with members of the Bermuda P olice Service on December 1st or 2nd regarding the pr otest at the House of Assembly. The Commissioner of Police has confirmed such. On December 2nd, Mr. Speaker, two Special Branch officers were in the Cab-inet Office, and one did inform myself and colleagues of an option for Members to enter the House, if the House was to commence at some time on the 2 nd.
The SpeakerThe SpeakerThank you, Premier. Yes, the Chair will recognise the Honourable Member, MP Roban. Supplementary? SUPPLEMENTARIES
Mr. Walter H. RobanYes. Yes, Mr. Speaker, supplementary. Can the Honourable Premier inform us as to what those options were, presented to him by those Bermuda House of Assembly members of Special Branch when he had that conversation?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, there were a number of options that were presented to colleagues. No decisions were made. And that was the end of di scussion, because at that time, I think shortly after, we were informed that the House would not be meeting.
Mr. Walter H. RobanThe Premier has not answered the question, but I do have a second one, Mr. Speaker.
Mr. Walter H. RobanThe Premier, in his answer, says no tactical options were discussed with members of the Bermuda Police Service on the 1 st or the 2nd. My question is, Can the Honourable Premier inform us if any tactical options were discussed with the Deputy Governor or Members of Cabinet on those …
The SpeakerThe SpeakerYes, Premier. Hon. Michael H. Dunkley: Mr. Speaker, the only co nversations I had with the Deputy Governor —who, for clarity for the public who are listening, was the acting Governor at that time—was at the three o’clock meet-ing. I remained clear that options are up to the Police Commissioner …
Yes, Premier. Hon. Michael H. Dunkley: Mr. Speaker, the only co nversations I had with the Deputy Governor —who, for clarity for the public who are listening, was the acting Governor at that time—was at the three o’clock meet-ing. I remained clear that options are up to the Police Commissioner himself, and I think he stated that on a number of occasions.
The Sp eaker: Thank you, Premier. Yes. The Chair will recognise—
[Gavel]
The SpeakerThe SpeakerHonourable Members, let me hear who is speaking to me. [Gavel]
The SpeakerThe SpeakerThe Chair will recognise the Honour able Member, MP Walton Brown. SUPPLEMENTARIES
Mr. Walton Br ownThank you, Mr. Speaker. Mr. Speaker, given that December 2 nd was an ominous day for Bermuda, which was rife with tension and led to a series of unfortunate events, does the Premier have any regrets at all that, given our const itutional position vis -à-vis the UK, he, as …
Thank you, Mr. Speaker. Mr. Speaker, given that December 2 nd was an ominous day for Bermuda, which was rife with tension and led to a series of unfortunate events, does the Premier have any regrets at all that, given our const itutional position vis -à-vis the UK, he, as the duly elected leader of this country , does not have full authority over the police to determine the most appropr i-ate course of action should such events materialise again?
The SpeakerThe SpeakerMr. Premier. Hon. Michael H. Dunkley: Mr. Speaker, that is a question and a discussion for another place and time.
The SpeakerThe SpeakerThank you. MP Walton Brown, a second supplementary?
Mr. Walton BrownWell, just, Mr. Speaker, whether the Premier has any regrets at all about our current constitutional, raised issue?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, reflecting back on December 2 nd, I think we all have grave concerns about what took place. And my focus is on, there, on how we resolve that issue and get a better understanding of the issue and how we move forward. The …
Premier. Hon. Michael H. Dunkley: Mr. Speaker, reflecting back on December 2 nd, I think we all have grave concerns about what took place. And my focus is on, there, on how we resolve that issue and get a better understanding of the issue and how we move forward. The honourable gentleman is keen to talk about con-stitutional matter s, and I applaud his energy in that area.
The SpeakerThe SpeakerThank you very much, Premier. The Chair will recognise D. P. Lister. SUPPLEMENTARIES Hon. De nnis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, the Premier indicated, responding to a question, that the Special Branch Offices did inform himself and colleagues on options for Members to enter the House if …
Thank you very much, Premier. The Chair will recognise D. P. Lister.
SUPPLEMENTARIES
Hon. De nnis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, the Premier indicated, responding to a question, that the Special Branch Offices did inform himself and colleagues on options for Members to enter the House if the House was to commence [proceedings] on the 2 nd of December. Can the Premier inform us as to what those options were?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, that question was already answered prior. And the answer that I would give is the same.
Some Hon. Members Some Hon. MembersNo. No, no, no.
The SpeakerThe SpeakerMP Lister. Hon. Dennis P. Lister: Mr. Speaker, I am somewhat confused in the response to that, because when the questions were put before, there was not a definitive [answer] given as to what the options were. The question earlier asked, in a previous question by one of the Members …
MP Lister.
Hon. Dennis P. Lister: Mr. Speaker, I am somewhat confused in the response to that, because when the questions were put before, there was not a definitive [answer] given as to what the options were. The question earlier asked, in a previous question by one of the Members was, Was one of the options for the Cabinet and Members of Parliament from the Government to be escorted into parliamentary grounds within a police vehicle? The Premier at that time said he would answer th at in question three . 354 3 February 2017 Official Hansard Report
Bermuda House of Assembly We are now at question three, and I am specifically asking, what were the options discussed? He did not answer what the options were, last time.
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I will refer back to my comment before. There was no decision made under any of those options. And thus, my a nswer stays as it is because there was discussion and no decision [was made] on it, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you. Yes, MP Lister, you can foll ow up. Hon. Dennis P. Lister: Mr. Speaker, my question is just simple: What were the options? I did not ask what decision was made on the options. It was just, what were the options?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, my answer remains as is. And I know where the Opposition want to go, and we are not going to allow that discussion to go in that place because no decisions were made.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise MP De Silva. SUPPLEMENTARY Hon. Zane J. S. De Silva: Thank you. Thank you, Mr. Speaker. Mr. Premier, why are you so afraid to tell the people in this House and the people in Bermuda the options that you were given that …
All right. Thank you. The Chair will recognise MP De Silva. SUPPLEMENTARY
Hon. Zane J. S. De Silva: Thank you. Thank you, Mr. Speaker. Mr. Premier, why are you so afraid to tell the people in this House and the people in Bermuda the options that you were given that morning with regard to returning to the House? Why are you so afraid? Hon. Michael H. Dunkley: Mr. Speaker, I am not afraid. My answer stays the same. And comments from that side are certainly inappropriate, Mr. Speaker.
The SpeakerThe SpeakerThank you. T hank you, Mr. Premier. MP Scott. QUESTION 1: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, this is a question to the Premier. It is to be prefaced with the deep concern that he is …
Thank you. T hank you, Mr. Premier. MP Scott.
QUESTION 1: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, this is a question to the Premier. It is to be prefaced with the deep concern that he is avoiding a very simple, but important, national interest question. The Honourable Premier has revealed that his Cabinet discussed options (he may have listed them to be three) to enter the House on December the 2 nd. And the House is asking, through Members of the Opposition —nobody is asking from the backbench of the Government; the House is asking through the O p-position —to inform or advise this House of the details of those options. Will the Premier kindly do so?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I will repeat. There were options presented to us. And we had di scussions. And no decisions were made. So at that point, I think this question has been answered as far as I am prepared to go at this point in time.
The SpeakerThe SpeakerThank you, Premier. Oh, yes. The Chair will recognise MP Wilson. SUPPLEMENTARY
Ms. Ki m N. WilsonThank you, Mr. Speaker. Good morning. Will the Premier confirm that one of the o ptions that was offered by and discussed by the Special Branch members who attended at Cabinet was for the Cabinet themselves to be escorted through the gates in marked vehicles?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I have a lready opined on this question many, many times. And I have no further answer to give on that , because no decisions were made, Mr. Speaker. And so we did not commit to anything at that time. [Inaudible interjections]
The SpeakerThe SpeakerThank you, Premier. MP Weeks. QUESTION 1: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE
Mr. Michael A. WeeksThank you, Mr. Speaker. Can the Premier inform this House whether or not he had a conversation with the Police Commi ssioner after the pepper spray was deployed, and what options were discussed and taken action against the officer that employed such heavy -handed tactics on our innocent people?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I did refer to the meeting that we had at Government House. And obviously, one of the items on the agenda at that time was to make sure that investigations took place. I am aware that invest igations are …
Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I did refer to the meeting that we had at Government House. And obviously, one of the items on the agenda at that time was to make sure that investigations took place. I am aware that invest igations are ongoing on a number of fronts in that ar-ea. And I think that deals with the concern raised by the Honourable Member from constituency 16.
Bermuda House of Assembly The Speaker: Thank you, Honourable Premier. Yes, MP Weeks.
Mr. Michael A. WeeksIs the person who used the pepper spray on administrative leave until the invest igation is complete?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I cannot answer that question. That is a question that the Commissioner will have to answer. Obviously, the Go vernment does not have any say on disciplinary or a dministrative matters within the Bermuda Police; that falls to the Commissioner.
The SpeakerThe SpeakerThank you, Premier. The Chair will recognise the Honourable Member from constituency 13, MP Rabain.
The SpeakerThe SpeakerYes. QUESTION 1: PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE
Mr. Diallo V. S. RabainMr. Speaker, can the Premier confirm that it was the view of at least two of his Ministers that access to the House be gained by force?
The SpeakerThe SpeakerMr. Premier. Hon. Michael H. Dunkley: Mr. Speaker, I am not going to answer to innuendo and rumour.
The SpeakerThe SpeakerThank you. [Inaudible interjection]
Mr. Diallo V. S. RabainMr. Speaker, I reiterate the question. If the Premier is not going to answer it, we can assume that it did happen. So I ask again, did any of his Ministers indicate that they should gain access to the House by any means necessary?
The SpeakerThe SpeakerYes, Premier. Hon. Michael H. Dunkley: Mr. Speaker, obviously, the Honourable Member did not hear my answer in the first instance, so I will repeat it. I will not answer to rumour or innuendo.
The SpeakerThe SpeakerAll right. Thank you, Premier. The Chair will recognise MP Commissiong. QUESTION 1: PROTEST AT HOUSE OF ASSE MBLY AND THE BERMUDA POLICE SERVICE
Mr. Rolfe CommissiongThank you again, Mr. Speaker. Mr. Speaker, will the Premier not acknowledge that a major democratic deficit exists when decisions such as that which were taken on D ecember 2 nd and resulted in the horrific outcomes that we saw had no meaningful input from the head of Government, as …
Thank you again, Mr. Speaker. Mr. Speaker, will the Premier not acknowledge that a major democratic deficit exists when decisions such as that which were taken on D ecember 2 nd and resulted in the horrific outcomes that we saw had no meaningful input from the head of Government, as represented by the Premier? Does the Premier not think that that is an anomaly that needs to be addressed?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I think I dealt with that in the answer to the Honourable Member from constituency 17.
The SpeakerThe SpeakerAll right. Thank you very much, Member. Yes, MP Burt. SUPPLEMENTARIES Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, regarding my first supplementary question, the police released some of their infor-mation, and it said that the tactical order options were based on the strategic parameter that …
All right. Thank you very much, Member. Yes, MP Burt.
SUPPLEMENTARIES
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, regarding my first supplementary question, the police released some of their infor-mation, and it said that the tactical order options were based on the strategic parameter that it set. And I quote, Mr. Speaker: “The House of Assembly will sit by police gaining access and maintaining access to one of the gates, allowing the Legislature to ascend the House of Assembly ,” end quote. [UNVERIF IED QUOTE] The question that I have for the Honourable Premier is, Was he aware that that was the tactical decision by the police with the discussions that he had with Special Branch?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, we were i nformed by the police that we would enter through the gate opposite Government Administration.
The SpeakerThe SpeakerThank you. Yes, MP Burt. 356 3 February 2017 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Thank you for that answer. And the second supplementary question that I have is that . . . he was informed by the police that they would enter. Could the …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Like I normally do. On foot.
The SpeakerThe SpeakerThank you. Thank you, Premier. Thank you, Honourable Members. Yes, MP Burt. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I do not have any further supplementaries. I would just like to make—
The SpeakerThe SpeakerWell, we have got more time. So we can go to some of the other questions. Hon. E. D avid Burt: The Premier did say that he would get back to us on question number two, so I just want to make sure that that is for the record.
The SpeakerThe SpeakerYes. It will be. Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes. MP Brown. There are 13 minutes left.
Mr. Walton BrownThirteen minutes? Mr. Speaker, I have been directed to do otherwise. I will take my seat. [Inaudible interjections]
The SpeakerThe SpeakerOf course, of course. [Inaudible interjection]
The SpeakerThe SpeakerThank you for helping me out there, Members. [Inaudible interjection]
The SpeakerThe SpeakerThat is right. It has been a long while since I have sat in this seat. The Chair will recognise the Honourable Member from constituency 33, MP Jamahl Simmons, with a question for Dr. Gibbons on hi s Statement. QUESTION 1: GLOBAL ENTREPRENEURSHIP WEEK 2016 AND “THE ENTREPRENEUR’S GUIDE TO …
Mr. Jamahl S. SimmonsThank you, Mr. Speaker, and good morning, all. Would the Honourable Minister inform this House, in reference to the register of over 7,000 small and medium -sized businesses, as well as the ec onomic empowerment zones, what, if any, use is the Government , whether through this Ministry or others …
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. I think there is regular discussion between the Bermuda Economic Development Corporation [BEDC] and the Ministry of Economic Development. I guess the question is, How long is the piece of string, really? We have talked with them about various issues. I have laid out a lot …
Thank you, Mr. Speaker. I think there is regular discussion between the Bermuda Economic Development Corporation [BEDC] and the Ministry of Economic Development. I guess the question is, How long is the piece of string, really? We have talked with them about various issues. I have laid out a lot of discussion about the Global E ntrepreneurship Week. There has been a lot of discussion in the last year or so about how we can do a bet-ter job in relation to spreading the benefits of the America’s Cup. The Honourable Member would have seen a piece in the paper this morning. There was a press conference yesterday. (Let us see what else.) There has been quite a bit of discussion as to how the Limited Liabilit y Company legislation could benefit small businesses by allowing them to incorporate a limited liability at less cost than a normal limited company thing. Mr. Speaker, there have been a lot of discussions back and forth. I am not sure quite what the Honourable Member is getting at, but neither the Ministry nor the BEDC act in a vacuum.
The SpeakerThe SpeakerYes. QUESTION 2 : GLOBAL ENTREPRENEURSHIP WEEK 2016 AND “THE ENTREPREN EUR’S GUIDE TO BERMUDA GOVERNMENT CONCESSIONS, INCENTIVES, OBLIGATIONS, GRANTS AND AWARDS”
Mr. Jamahl S. SimmonsActually, I should say it is the second question, Mr. Speaker, second question. Bermuda House of Assembly The Speaker: Okay. Second question, right.
Mr. Jamahl S. Si mmonsThe second question would be, the One Bermuda Alliance in one of their previous platforms outlined a plan to give a minimum of at least 25 per cent of contracts to small businesses. Has the Honourable Minister, in terms of looking at this register, moved forward in any way on …
The second question would be, the One Bermuda Alliance in one of their previous platforms outlined a plan to give a minimum of at least 25 per cent of contracts to small businesses. Has the Honourable Minister, in terms of looking at this register, moved forward in any way on that initiative? Now that you have a list of small businesses and entrepr eneurs, has there been any look into fulfilling that campaign promise? Thank you, Mr. Speaker.
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. It is actually 20 per cent, not 25 [per cent]. The question was, Has there been any effort to move forward on that campaign promise? The answer is yes. There has been quite a bit of discussion within the Ministry of Public Works, which deals with …
Thank you, Mr. Speaker. It is actually 20 per cent, not 25 [per cent]. The question was, Has there been any effort to move forward on that campaign promise? The answer is yes. There has been quite a bit of discussion within the Ministry of Public Works, which deals with the bulk of the government contractual work that goes out to small business, particularly contracting and construc-tion firms, in an effort to try and spread out some of those contracts. A good example with the education work, a lot of the painting and maintenance work which was done over the summer is purposely spread out as much as possible over a number of small bus inesses. That would be an example, I think, of where Government has been trying to address that particular platform promise. Thank you.
Mr. Jamahl S. SimmonsIn going forward and fulfilling that promise, has any effort or specific initiative been put in place to provide more inclusiveness and diversity in the awarding of contracts?
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. I think it is a little difficult for me to answer that question, because I am not directly responsible for the Ministry of Public Works. I think that would be best dealt with by that particular Minister. But my under-standing is there has been, certainly, an …
Thank you, Mr. Speaker. I think it is a little difficult for me to answer that question, because I am not directly responsible for the Ministry of Public Works. I think that would be best dealt with by that particular Minister. But my under-standing is there has been, certainly, an effort by this Government to try and make sure that this kind of work, as I understand it, has been spread around, par-ticularly with respect to small businesses.
The SpeakerThe SpeakerThank you. Yes, the Chair will recognise MP De Silva. Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Zane J. S. De Silva: Mr. Speaker, after you just mentioned those words with regard to dispersing work, the OBA Government in 2012, during their election campaign, talked very much, and very much be-fore then, about a Contractor General. Can you give us any insight as to …
The SpeakerThe SpeakerGo ahead, go ahead, Honourable Mi nister.
Mr. Jamahl S. SimmonsA question with regard to something from the Minister’s remark. As he cannot speak to what is being done in the Ministry of Works and Engineering, could he speak to his Ministry in r elation to what he has been doing in terms of the incl usiveness and diversity in …
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. I think it is fair to say, and the Honourable Member would be aware of this, that the Ministry that I have is actually very small in terms of the amount of contractual work that is actually do ne. I did mention, a couple of answers …
Thank you, Mr. Speaker. I think it is fair to say, and the Honourable Member would be aware of this, that the Ministry that I have is actually very small in terms of the amount of contractual work that is actually do ne. I did mention, a couple of answers ago, that we have made a real effort through the America’s Cup programme with the ACBDA [America’s Cup Bermuda] to try and spread 358 3 February 2017 Official Hansard Report
Bermuda House of Assembly out opportunities as broadly as possible. That certainly happened with respect to the O ctober 2015 World Series. I think all Honourable Members who had the chance to walk down Front Street, the number of stalls that were there . . . we have been pushing very hard to try and make sure that the America’s Cup benefits are spread as broadly as p ossible. And I think there will be no exception with that with respect to the upcoming events in May and June of this year. And there’s a real effort underway to try and make sure that as much opportunity as possible is given to small vendors with respect to the Dockyard events and the Dockyard location. Thank you.
The SpeakerThe SpeakerThank you. Thank you, Minister. The Chair will recognise the Honourable Member, MP Scott. SUPPLEMENTARY
Mr. W. Lawrence ScottSupplementary. Just wondering if the Minister can explain how they are spread-ing it around as much as possible.
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. The answer to how we are spreading it around as much as possible is by the ACBDA’s wor king closely with the Bermuda Economic Development Corporation to make their members aware of some of these opportunities, and having members of the BEDC working with the ACBDA …
Thank you, Mr. Speaker. The answer to how we are spreading it around as much as possible is by the ACBDA’s wor king closely with the Bermuda Economic Development Corporation to make their members aware of some of these opportunities, and having members of the BEDC working with the ACBDA in terms of selection, in terms of trying to enlist proposals and things of that sort. I believe that the Honourable Member will look at the remarks that were in the paper this morning, and probably on Bernews. There are a number of public meetings coming up. There were a number of meetings inviting participation before the October World Series in 2015. So I t hink the issue is to try and get the information out there, and try and give entrepr eneurs and small businesses a sense of what those opportunities are. There is also an effort underway right now, which is more broadly based, to try and look at the gap analysis of what additional services may be r equired in terms of servicing everything from super - yachts to the America’s Cup Event Village. And that could include such things as water taxis to being able to provide sewage servicing for boats , and things of that sort, to try and get people moved around. But there is essentially an effort now within the Ministry of Economic Development and the ACBDA to try and understand what additional services . . . and those will be broadly communicated. Thank you, Mr. Speak er.
The SpeakerThe SpeakerThank you. Right. The Chair will now recognise MP R abain with reference to the third Statement. QUESTION 1: REPORT ON PROGRESS OF I MPROVING THE PROCESSING OF APPLICATIONS FOR NATIONAL CERTIFICATION
Mr. Diallo V. S. RabainThank you. T hank you, Mr. Speaker. First, Mr. Speaker, I want to thank the Minister and the members of Workforce Development for act ually getting on top of this. Mr. Speaker, I am looking at the bottom of page 2, and it states, “The employee will have up to …
Thank you. T hank you, Mr. Speaker. First, Mr. Speaker, I want to thank the Minister and the members of Workforce Development for act ually getting on top of this. Mr. Speaker, I am looking at the bottom of page 2, and it states, “The employee will have up to three months to complete the process towards achie ving national certification.” My question is, Why give an employee three months to achieve certification?
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. And in response to that question, I think it is a practical, pragmatic time frame because there is going to have to be an identification process that would d etermine whether somebody is or is not down the road to certification. There is [the matter of] being able to agree with or provide for themselves the curriculum that will be in place, that is in place, for the certific ation, and to make sure that they get that certification done. So it is not something that you can say, I’ll go in, and within a week you’ll be able to get something done. You have to be realistic. A certification has to mean something. And that certification’s meaning something means that the teaching, the training, the qualification has to have certain underpinning to say that it is adequate. And I think three months is the appropriate time that we’ve been advised by the department to indicate that.
The SpeakerThe SpeakerThree minutes. SUPPLEMENTARY
Mr. Diallo V. S. RabainOkay. Thank you. Mr. Speaker, the three months that I was r eferring to refers to if someone is here on a work per-mit, coming on a work permit, and requires getting certification. And the reason I ask that question, Mr. Speaker, is, as the Minister would know because she …
Okay. Thank you. Mr. Speaker, the three months that I was r eferring to refers to if someone is here on a work per-mit, coming on a work permit, and requires getting certification. And the reason I ask that question, Mr. Speaker, is, as the Minister would know because she did quote the National Occupational Certification Act, but it does state that if you are pending a certification, the only work that you can do is that of an apprentice.
Bermuda House of Assembly So, who will be certifying and watching these work permit holders who are here while awaiting their certification that they are only doing work that an ap-prentice can do, for the three months?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon- Pamplin: Yes. I think you will notice in the Statement that we indicated that you have to register with the department. So employers are responsible for ensuring that they register their non-certified employees to make sure that they have the certification. Once that registry is …
Minister.
Hon. Patricia J. Gordon- Pamplin: Yes. I think you will notice in the Statement that we indicated that you have to register with the department. So employers are responsible for ensuring that they register their non-certified employees to make sure that they have the certification. Once that registry is completed, there are certain assessment examinations that need to be done during that period of time. And then, once that process is completed, then obviously we take from the Act that people are not permitted. Employers are r equired to abide by the law. So if they have somebody who is acting ultra vire s the law, then clearly they will not be able to continue in that process. We are giving that leeway for three months for people to be able to certify. And during that period of time, with the neces-sary assessment examinations . . . some of the i nstructors actually come from overseas in order to be able to do those assessments. So we want to make sure that it is fair. This is the transition sort of arrangement. What will happen going forward is that employers will be required to ensure that applicants will be sent down to Workforce Development to make sure that their certification is appropriate. And then they will be able to come to the Department of Immigration in or-der to be able to issue a work permit subsequently. So we are trying to make sure that we catch everybody. We want to make sure that our local contractors and professionals are well certified, based on the curric ulum that has been set out. And we also want to make sure that anybody coming in who is already here has that opportunity, because it was not a prerequisite when they arrived. So we want to make sure that they are on par with what is required. I am not going to require something of a Bermudian that I will let slide for somebody who is for-eign. So they all have to be able to show profici ency in the specific disciplines that are part of these restricted categories.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. [Timer beeps]
The SpeakerThe SpeakerYes, and Honourable Members, that completes the Question Period. [No audio] CONGRATULALATO RY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerThe Chair will recognise the Honour able Member from constituency 2. MP Nandi Outerbridge, you have the floor.
Mrs. Nan di OuterbridgeMr. Speaker, this morning I rise and ask that the entire House stand with me in sending congratulations to Nahki Wells on scoring his 100 th goal in the English football. [Desk thumping]
Mrs. Nandi OuterbridgeSocial media have been blown up this morning with congratulations, and rightfully so. This has been such a big accomplishment and a major achievement. Nahki continues to be a positive role model for the youth in Bermuda, and we will continue to support him and be proud of him. So …
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 13, MP Rabain.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Keeping in the football theme, I would like for the entire House to send congratulations to Mr. Zeiko Lewis, who was drafted by the MLS team, the New York Red Bulls. Now, I have known Zeiko since he was practically a baby. His father and I …
Thank you, Mr. Speaker. Keeping in the football theme, I would like for the entire House to send congratulations to Mr. Zeiko Lewis, who was drafted by the MLS team, the New York Red Bulls. Now, I have known Zeiko since he was practically a baby. His father and I have been friends since he was born. And I have watched him mature and grow into a fine young man who has acquitted himself quite well. Those who have followed his career would know that he attended Boston Col-lege on a full scholarship, and actually graduated a semester ahead of schedule while maintaining a ri gorous playing schedule. He has been ACC [Atlantic Coast Conference] Freshman of the Year; he has been an All American. He is a young man who is going places. And I think that it would be appropriate if we send him and his family congratulations. Mr. Speaker, I would also like a letter of condolences sent to the family of Mr. Granville Payne, who passed away in December. Unfortunately, we have not been able to meet since then, so I have not been able to express these condol ences. We spent earlier today speaking of December 2 nd, and that was actually the time I ran into his wife, who was one of the protestors, and she said, Oh, Mr. Rabain, I am sorry. My husband was unable to make it because he was taken to the hospital last night. Unfortunately, he 360 3 February 2017 Official Hansard Report
Bermuda House of Assembly did not make it through the weekend, and he subs equently succumbed to his illness. But he was a co nstituent who had gone through quite a bit in the constituency, extending back to before I was standing in this Honourable House. So I would like a letter of con-dolences sent to Mrs. Payne and her family. Also, Mr. Speaker, again a letter of cond olences to the family of DeShaun Berkley. This was a young man who was tragically killed by this scourge that we know as gun violence. I was attending at the funeral. His family does stay in my constituency. And it is a tremendous loss. The number of accolades that were spoken about this young man really put into perspective what we are losing when these young men are taken from us at such a young age. And lastly, Mr. Speaker, another one of my constituents, the officer, Gregory Grimes. Gregory Grimes was an officer known to me when I was a p olice reserve from 1995 to 2001. And I worked with him, and he was always a joyful man, always a fun guy to be around. I could tell some of the stories, but I will not be able to get into them here. But a letter of condolences to his family. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. The Chair will now recognise the Honourable Member from constituency 14. MP Glen Smith, carry on, please.
Mr. Glen SmithThank you, and good morning, Mr. Speaker. I would like this Honourable House to send condolences to Mr. Jahni Outerbridge’s family. Mr. Outerbridge was a popular resident and icon of Cedar Park, who wa s tragically gunned down last weekend. [Inaudible interjections]
Mr. Glen SmithI would like to associate the whole House. Thank you. Mr. Outerbridge was a young man in his prime. He was 31 years old. He is survived by his mother, Linda Outerbridge, and father, Terence Ming, and also leaves behind a brother, Malik Outerbridge; sisters Simone, Colina, Tericka Outerbridge and …
I would like to associate the whole House. Thank you. Mr. Outerbridge was a young man in his prime. He was 31 years old. He is survived by his mother, Linda Outerbridge, and father, Terence Ming, and also leaves behind a brother, Malik Outerbridge; sisters Simone, Colina, Tericka Outerbridge and Denika Williams; and of course, the Cedar Park fam ily. One of Jahni’s passions, Mr. Speaker, he loved IT. And at a young age, he u sed to go around and strip old computers or get them from the dump and build one. And one of his other favourite things —he was a big fan of the Devonshire Cougars and, of course, Chelsea. And most of his free days were spent pla ying FIFA. And he also loved to travel. In actual fact, he just recently got back from Dubai. So his goal, at the end of the day, was to travel every continent. Unfort unately, he will not be able to do that. I first met Jahni, as he is known to me, 28 years ago. He used to come and work at IBC [Interna-tional Bonded Couriers of Bermuda, Ltd.] as a day release work programme when he went to Whitney. And then he would come and work with us after school. And it was amazing. One day I did get a call from the head of Whitney, to say, Is Ja hni there? And I said, Yes, he is. And they said, Well, he shouldn't be there. He should be at school today, and not working with you. So, obviously, Jahni preferred to be working than sitting in school, as I am sure many of us can recognise. And then, 20 years later, I happened to run into Jahni when I was canvassing in Cedar Park for my constituency in 2012, and we were reunited. And he always gave me a great perspective, particularly from the youth, of what young people are looking for and how they contribute in life to better themselves. Jahni was a kind person and would always sit and listen and was willing to provide an opinion, whether he agreed with you or not. And he will be sadly missed by his family, the whole Cedar Park community, Bermuda as a w hole, and, Mr. Speaker, myself. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member Walton Brown. You have the floor.
Mr. Walton BrownThank you, Mr. Speaker. Mr. Speaker, I would ask that this House send a letter of condolence to the Government and people of Cuba. We have not met for some time now, but, of course, late last year Fidel Castro passed away, one of the world’s great leaders, Mr. Speaker. …
Thank you, Mr. Speaker. Mr. Speaker, I would ask that this House send a letter of condolence to the Government and people of Cuba. We have not met for some time now, but, of course, late last year Fidel Castro passed away, one of the world’s great leaders, Mr. Speaker. Mr. Speak-er, under the leadership of Fidel Castro, there were many countries that were given sustained support in their struggles against oppression and colonialism. While we all embrace Nelson Mandela and his legacy, you will know, Mr. Speaker, that it was Fidel Castro in Cuba who gave very early support to the struggle for liberation in South Africa when many countries r efused to even consider dealing with whom they deemed a terrorist, Mandela, and his party, ANC, the African National Congress. Mr. Speaker, when there were tragedies around the world, Cuba sent offers first. They did not wait for a television programme of children in tears to solicit money. They sent doctors trained in Cuba. They do not need accolades. That is a testimony of the impact that Cuba has had worldwide. Mr. Speaker, there will be those who will cel ebrate and have celebrated his passing. But let me say, Mr. Speaker, that President Castro never dropped any weapons of mass destruction on anyone. They have not held people in incarceration without charges for 10 or 15 years. So we need to be careful how we assess the legacy of this individual. I happen to have met Mr. Castro in the early 2000s —a charismatic man of great conviction. And while I know his legacy will be seen as something chastised by many in the West, his c ontriBermuda House of Assembly bution will remain for those of us to assess in the f uture and the future decades. There were many attempts to kill Castro perpetrated by the United States Government, doc umented in the Church Committee’s Senate report in 1975. They all failed, obviously. But he represented a challenge to the hegemony of dominant powers. He represented a force of liberation and hope for those in oppressed countries. And I just want this House to make that acknowledgement, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank y ou, Honourable Member. The Chair will recognise the Deputy Speaker.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker, and good morning, and good morning to our listeners. I would like the House to recognise the pas sing of two individuals, one of t hem Mr. Joaquim Barr eto. I think the House would probably want to recognise him. He was a former Portuguese Vice …
Thank you, Mr. Speaker, and good morning, and good morning to our listeners. I would like the House to recognise the pas sing of two individuals, one of t hem Mr. Joaquim Barr eto. I think the House would probably want to recognise him. He was a former Portuguese Vice Consul and acting Consul in Bermuda for nearly 20 years. I met him when I was a youngster, Mr. Speaker. I was a close friend of one of his children, “Bulu” [Berta Barr eto-Hogan]. We grew up in the theatre together. One of the things that used to fascinate me was to go to their home. And they would make the most wonderful cur-ried dinners. And I could never figure out, my mother being Portuguese, w hy we were going to the Port uguese Consulate House for curry. But, Mr. Speaker, I then went to learn that the part of Portugal that he ac-tually was raised in and grew up and was born in was actually part of Portugal [sic]. So it was very interes ting for me, at a young age, to have that recognition that who we are is certainly a part of where we are from. He will be sadly missed by his children and, of course, his wife, whom he leaves behind. Mr. Speaker, it would be extremely remiss of me not to take to my feet to send condolences to the family of [Ashton O’Brien] “Tim” Fox. Tim Fox was well known in my church in the family of St. Peter’s and, of course, the family of St. David’s. He will be buried on Monday, the service being at St. Peter’s and his burial being in St. David’s. There was never a moment that one would step foot in St. Peter’s that you would not see Mr. Fox, Tim, lovingly known by everyone, follo wing behind you. He was the man who put the flag up, and he was the man who closed the doors. He was the man who would help me put the candles out if I had the luxury of serving in St. Peter’s after serving in Chapel of Ease. He will be certainly missed for his kite making. I would be remiss if I did not mention that. I remember years ago when our minister was going to attend the festivities at St. David’s Cricket Club for Good Friday, when Tim decided he was going to make the minister a kite. And, of course, the kite would not have been any other colour but yellow and blue. And down to the field he went . And, Mr. Speaker, I know he has touched many, many, many lives in Bermuda. And may his memory live on. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member, MP Michael Weeks. You have the floor.
Mr. Michael A. WeeksThank you, Mr. Speaker. I would like to start off my remarks by assoc iating congratulatory remarks to Nahki Wells in scoring his 100 th goal. I remember, Mr. Speaker, when he left Bermuda on his quest to become a professional foot-baller. And I was one who said then that …
Thank you, Mr. Speaker. I would like to start off my remarks by assoc iating congratulatory remarks to Nahki Wells in scoring his 100 th goal. I remember, Mr. Speaker, when he left Bermuda on his quest to become a professional foot-baller. And I was one who said then that there would be at some point when he would be celebrating this kind of accolade. And he has got many more of those accolades to come, God willing, Mr. Speaker. I would also like to be associated wi th the r emarks for Zeiko Lewis. I do not know him personally, Mr. Speaker, but I have seen his development. And I, for one, expect great things from him. Mr. Speaker, I would like to be associated with some condolence remarks for Mr. Grimes, Sergeant Grimes, from the Bermuda Police Service. He was a schoolmate of mine up at the Berkeley Institute. So my condolences go out to his family and friends. Mr. Speaker, while we have been recessed from the House, my colleague had mentioned that . . . it has been mentioned that we have had two gun murders. One, Mr. Berkley, from Cedar Park, but it happened at Western Stars Sports Club. I would like to be associated with remarks there. And I would also like to be associated with the remarks for Jahni Outerbridge. He untimely lost his life down at the Mid Atlantic Boat Club. These were two young men whom I knew, both personally, Mr. Speaker. And my heart and cond olences go out from my family to theirs. Mr. Speaker, on a lighter note, I would like to talk about a young man named Iziah Tucker. I would like this House, Mr. Speaker, to join me in congratulat-ing this young man, Iziah Tucker. Iziah is really interested in long- distance running. He has achieved many firsts, Mr. Speaker, during his short lifetime. Recently, one of his greatest races was when he entered the 10K during this past International Race Week. This was his first try, Mr. Speaker, at this distance. Out of 700-plus runners, this young man came in 19 th. He was the first junior to cross the finish line, and the fifth Bermudian. He also ran the Butterfield & Vallis Road Race and came first in his age group and fourth over-all. This young man, Mr. Speaker, Iziah Tucker, is only 14 years of age. He is the grandson, Mr. Speak-er, of one of my constituents, Mr. Fred and Joy Wilson Tucker. I lovingly refer to them as Uncle and Auntie. He is also the son, Mr. Speaker, of Ryan and Bernadette Tucker. We can expect many great things from 362 3 February 2017 Official Hansard Report
Bermuda House of Assembly this young man, because at 14 he is already blazing a trail in Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Minister of F inance. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I would like to send congratulatory remarks to the newest Member of the House of Assembly, Mr. Tyrrell. [Desk thumping] Hon. E. T. (Bob) Richards: The …
Thank you, Honourable Member. The Chair will recognise the Minister of F inance.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I would like to send congratulatory remarks to the newest Member of the House of Assembly, Mr. Tyrrell.
[Desk thumping] Hon. E. T. (Bob) Richards: The Honourable Member and I were at Central School together, should we say, a few decades ago. And as fate would have it, our paths intersected a number of times during our lif etime. They certainly diverged after Central, but they converged again, because I have known the gentl eman for virtually my whole life, a very fine gentleman, so much so that I asked him, I guess now erroneous-ly, should we say, or naively, to be my running mate in 1998.
[Laughter] Hon. E. T. (Bob) Richards: And he declined in a most gentlemanly fashion, as is his way. But our paths were destined to intersect again in the other place. We were both Members there, and of course, in De vonshire [constituency] 11 on two occasions and two elections. I just want to say that I am very glad he is here, because we need people of that calibre in this place. And the times that we ran against each other, there was never a word of rancour or anything like that—never anything personal. And we need more folks like that up here. So I want to congratulate him. And it is a very, very pleasant and a very good thing to have people of that calibre in this House. Thank you.
[Desk thumping]
The SpeakerThe SpeakerThe Chair will recognise the Minister for Economic Development, Dr. Gibbons.
The Hon. Dr. E. Grant GibbonsYes, thank you, Mr. Speaker. Mr. Speaker, I would like to ask the House to recognise and congratulate, as well, Coral Wells. There was a very nice piece in the daily last week about the incubator, the technology incubator that she has set up, called ConnecTech, in Cedar House, that …
Yes, thank you, Mr. Speaker. Mr. Speaker, I would like to ask the House to recognise and congratulate, as well, Coral Wells. There was a very nice piece in the daily last week about the incubator, the technology incubator that she has set up, called ConnecTech, in Cedar House, that provides technology training and coding for children. And it is shared space. It is something whose model has been used in a lot of other places. Coral Wel ls, as some will know, has been very involved with the Technology Leadership Forum over the last probably 10 years, very involved with the Technology Interns. And it sounds like ConnecTech is off to a really good start. They have been at it for about seven months now. They have a little over 4,500 square feet, and apparently they are expanding to another 2,000 square feet in Cedar House. So I think it is terrific. It gives young entrepreneurs, particularly in the technology area, a place to work with shared services, ele ctricity, obviously, office space, and also access to the Internet as well. And I wish her well because I think it is a very much needed service. On a sad note, I would like to ask that cond olences be sent to the family of a former constituent of mine, Dr. Brian Peckett, and his wife, Maureen Pecket t, both of whom passed . . . Jeanne Atherden, Pat Gordon- Pamplin and Glen Smith, as well, would like to be associated. She passed in a rather tragic car accident before Christmas, and Dr. Peckett passed very recently. Many people in this House and on the Island were under the careful watch of Dr. Peckett while they were “ under ,” as we say. And I think he was known to many generations of Bermudians for the service he provided as an anaesthesiologist at the hospital here. But I would ask that condolences be sent to the children, Deb, Lorna, Sarah, Tim and Will Peckett. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. The Chair will now recognise the Honourable Member from constituency 21, MP Commissiong.
Mr. Rolfe CommissiongThank you, Mr. Speaker. Mr. Speaker, I just want to offer condolences to [the families of] three people who certainly enriched our culture, and thus our lives, and they all brought out the best in us as Bermudians. First, I just want to offer condolences to the family of Mrs. …
Thank you, Mr. Speaker. Mr. Speaker, I just want to offer condolences to [the families of] three people who certainly enriched our culture, and thus our lives, and they all brought out the best in us as Bermudians. First, I just want to offer condolences to the family of Mrs. Elizabeth Dookie- Scott, the former wife of (now deceased, of course) former Senator Milton Scott. And I associate everyone with those condolences to the family.
[Inaudible interjections]
Mr. Rolfe CommissiongAnd so I am associating myself as well with her. She was a woman of Trinidadian descent, of which I have some roots as well. And I always admired her. She was very vivacious. And as I said, she gave a lot back to this community during her time with …
And so I am associating myself as well with her. She was a woman of Trinidadian descent, of which I have some roots as well. And I always admired her. She was very vivacious. And as I said, she gave a lot back to this community during her time with us. Second, I would like to move on to honour . . . I am not sure if we did honour Allan Warner. Can an yone help me here, the Gombey maestro?
[Inaudible interjection]
Mr. Rolfe CommissiongWell, I want to associate myself with that as well. I did not have the opportunity when we were last here to do so. He was a good friend of mine. He was a pioneer. I think we can safely Bermuda House of Assembly say, or at least I can, …
Well, I want to associate myself with that as well. I did not have the opportunity when we were last here to do so. He was a good friend of mine. He was a pioneer. I think we can safely
Bermuda House of Assembly say, or at least I can, that he helped to revitalise the Gombey and its culture and its art form over the last 25 years, reconnecting us with its Caribbean antecedents, particularly in St. Kitts and Nevis, which many Bermudians derive their ancestry and roots from. Latterly, finally, condolences to [the family of] Terry Jerome Simmons, lovingly known as “Termite,” who was another Gombey maestro. And I want to associate the new Member, Mr. Tyrrell, from constituen-cy 26, and the other Members who are expressing their willingness to be associated , with these remarks. Termite, who was an old Government Gate fellow, was always one who lived, breathed and ate Gombeys. He, like Mr. Allan Warner, was one of that gen-eration who helped keep the art form alive, which ac-crued to all of our benefit and enriched Bermudian life. So again, Termite is going to be really missed as be-ing such an integral part of the Bermudian family. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Minister, Minister Gordon- Pamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I would ask that this Honourable House join me in sending condolences to the family of Mr. Edwin Jackson. Mr. Jackson …
Thank you, Honourable Member. The Chair will now recognise the Minister, Minister Gordon- Pamplin. You have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I would ask that this Honourable House join me in sending condolences to the family of Mr. Edwin Jackson. Mr. Jackson was one who was actively and avidly involved with golf, both in training people and repairing clubs and the like. I would like to also associate my colleague, the Honourable Minister Atherden, with these comments. He was one of my constituents and very gracious, both he and his wife, as they hosted many events to enable me, personally, to get to canvass with a significant number of people, as opposed to having to go to eight or ten homes, to have them all in their home at one time. So those out-reaches are appreciated, certainly, to show that I am appreciative of their benevolence in that regard. I would also like have this House send congratulations, Mr. Speaker, to some apprentices. Through BTC [Bermuda Telephone Company]/Digicel, they offered a programme for which they had 200- plus participants. But they were only able to choose, at this point in time, 10 young men who, for a three- year p eriod of time, are being able to learn the art and excel in the area of copper fibre technology. These 10 men, over three years, have just completed their first year at which all of them were successful in their City & Guilds examinations. And Robin Seale, the CEO of Digicel/BTC, was able to speak to how that relation-ship between corporate Bermuda and Bermuda in general can work and work well in what they have done with these 10 young men, and how these young men have applied themselves to the apprenticeshi p for which they have been chosen. And I would like to mention their names. They are Kumar Grant, Stuart Wilson II, Staphen Dill, R a-hiem Steede, Warren Bean, Akeem Ible, Giniko Butterfield, Teko Bean, Davon Gibbs and Jahkote Webb. In addition, Mr. Speaker, I would ask that this Honourable House send congratulations to the seven young people who were chosen for the Aecon pr ogramme, the apprenticeship programme there in which Aecon have utilised their good offices to be able to offer apprenticeships to seven of our young people, all of whom are university graduates, to be able to work among various types of disciplines in Canada as part of an arrangement that they have made, and showing that they (Aecon) actually want to contribute to the benefit of our young people. They are Allanette Hayward, who was a graduate of Coventry University; Ricardo Graham -Ward, who was at the University of Southampton; Jordan Lawrence, NEIT [New England Institute of Technology]; Owen Chisnall, Niagara Col-lege; Barak Bremar, NEIT; James Gould, Plymouth University; and Bianca Clay, University of Westmi nster. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you very much, Honourable Member. The Chair will now recognise the Learned Member from constituency 36. MP Michael Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I am happy to rise and be ass ociated with the Economic Development Minister’s congratulations to …
Thank you very much, Honourable Member. The Chair will now recognise the Learned Member from constituency 36. MP Michael Scott, you have the floor.
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I am happy to rise and be ass ociated with the Economic Development Minister’s congratulations to Ms. Wells, Coral Wells. I believe this is the mother of Nahki Wells?
An Hon. Member An Hon. MemberYes. Hon. Michael J. Scott: Yes. But I am so pleased to hear that she is making these wonderful strides in the space of technology, an area that I was pleased to have her support and guidance as a technical officer when I had that Ministry under my watch. Those …
Yes. Hon. Michael J. Scott: Yes. But I am so pleased to hear that she is making these wonderful strides in the space of technology, an area that I was pleased to have her support and guidance as a technical officer when I had that Ministry under my watch. Those con-gratulations aside, may I ask that this House send condolences to the family of Mr. Andrew Trimingham, whom the country has lost. And the Minister of Ec onomic Development, Dr. Gibbons, is being associated with this. Andrew was widely known, certain ly by his name, for the retail sector. His brothers more or less drove that business. Andrew Trimingham was widely known for his contribution and support of the arts. He was one of the co- founders of the Maritime Museum in Dockyard. He certainly was vigorously pursuing Bermuda’s architecture and its preservation. And so, he made himself valuable with the national trust in protecting, recording and preserving that heritage of Bermuda’s architectural heritage. And so, I ask that the House send condolences to his civil partner, and to . . . I just know that Lawrence is the only Trimingham whom I am aware of these days. So I ask that he receive these condolences and that his civil 364 3 February 2017 Official Hansard Report
Bermuda House of Assembly partner, John [Adams], also receive the condolences of the House. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member, Minister Sylvan Richards. You have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, I would like this Honourable House to recognise the cricketing exploits of a young Bermudian cricketer, Delray Rawlins. I would …
Thank you, Honourable Member. The Chair will now recognise the Honourable Member, Minister Sylvan Richards. You have the floor.
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, I would like this Honourable House to recognise the cricketing exploits of a young Bermudian cricketer, Delray Rawlins. I would like to associate the whole House with that. [Inaudible interjections] Hon. Sylvan D. Richards, Jr.: Okay! Good stuff, MP Weeks. He recently played for the English Under -19 Cricket Team in three international cricket matches against India’s Under -19 Cricket Team. In the first game he scored a century not out. In the second game he scored 75 runs.
The SpeakerThe SpeakerForty -six. Hon. Sylvan D. Richards, Jr.: And in the third game, he scored 96 runs, and took two wickets in each match. So this is a young man who deserves for us to keep our eyes on. It looks like he is destined for great things in cricket.
The SpeakerThe SpeakerAll right. Thank you, Honourable Members. Would any other Members care to speak? That concludes our Congratulatory and/or Obituary Speeches. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGEN T PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS
The SpeakerThe SpeakerThe Chair will recognise Dr. Gibbons. FIRST READINGS COMPANIES AND LIMITED LIABILITY COMPANY AMENDMENT ACT 2017
The Hon. Dr. E. Grant GibbonsYes, thank you, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: Companies and Limited Liability Company Amendment Act 2017. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Attorney General, T. G. Moniz. PROCEEDS OF CRIME AMENDMENT ACT 2017 Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I am introducing the following Bill for its first reading so that it may be placed on the Order …
All right. Thank you, Honourable Member. The Chair will now recognise the Attorney General, T. G. Moniz.
PROCEEDS OF CRIME AMENDMENT ACT 2017 Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: Proceeds of Crime Amendment Act 2017.
The SpeakerThe SpeakerThank you, Attorney General. The Chair will recognise the Opposition Leader. Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. OPPOSITION BILLS FIRST READING DECRIMINALISATION OF CANNABIS ACT 2017 Hon. E. David Burt: Mr. Speaker, with leave of the House, I would like to introduce and read for the first time by its title only the Decriminalisation of Cannabis Act 20 17.
The SpeakerThe SpeakerThank you, Honourable Member. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY Bermuda House of Assembly The Speaker: Yes. We have got 13 minutes. Would you like to start, or do you want us to start after lunch? Hon. Patricia J. Gordon- Pamplin: I would be happy to start, Mr. Speaker, because it is not …
The SpeakerThe SpeakerIt is entirely up to you. Yes. Hon. Patricia J. Gordon- Pamplin: It is really [INAUDIBLE]. Thank you. BILL SECOND READING BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (NO. 2) ACT 2017 Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I rise today to introduce for the second reading the Bill ent itled …
It is entirely up to you. Yes. Hon. Patricia J. Gordon- Pamplin: It is really [INAUDIBLE]. Thank you.
BILL
SECOND READING
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (NO. 2) ACT 2017 Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I rise today to introduce for the second reading the Bill ent itled Bermuda Immigration and Protection Amendment (No. 2) Act for —it would have to be restated for 2017.
The Clerk: You will amend that in Committee.
The SpeakerThe SpeakerAmend it in Committee. Hon. Patricia J. Gordon -Pamplin: In Committee, yes. Okay. Thank you. The Bill seeks to (1) repeal section 92A(1)(b), Restriction on acquiring a tourist accommodation or a hotel residence of the Bermuda Immigration and Pr otection Act 1956 (the Act); (2) to amend sections 120(5) and …
Amend it in Committee.
Hon. Patricia J. Gordon -Pamplin: In Committee, yes. Okay. Thank you. The Bill seeks to (1) repeal section 92A(1)(b), Restriction on acquiring a tourist accommodation or a hotel residence of the Bermuda Immigration and Pr otection Act 1956 (the Act); (2) to amend sections 120(5) and 129(1)(aa) of the Companies Act 1981, as well as section 20 of the Limited Liability Company Act 2016; and ( 3) to delete the reference to the designation by regulations of tourist accommodations or a hotel residence, and provide that those expressions have the meanings given in section 72(1) of the Ber-muda Immigration and Protection Act 1956. Mr. Speaker, this Bill has been brought to the House as a housekeeping measure to correct an anomaly in the Act. Section 92A(1)(b) currently pr ovides that “the Minister may approve an application for a licence to hold or acquire an interest in a tourist ac-commodation or a hotel residence only if — . . . the tourist accommodation or a hotel residence to be held or acquired is designated by the regulations as eligible to be held or acquired by restricted persons.” Howe ver, Mr. Speaker, pursuant to the amendments made by the Bermuda Immigration and Protection Act 2015, tourist accommodation or hotel residence is no longer designated by the regulations. Honourable Members will recall that in June 2015, the Act was amended to repeal section 102D(1)(ba) of the Act. The 2015 Amendment stated, in part, that “(a) section 102D(1)(ba) of the principal Act is repealed; and (b) the Bermuda Immigration and Protection (Designa-tion of Eligible Condominium Units, Tourist Acco mmodation and Hotel Residences) Regulations 2011 are revoked.” Mr. Sp eaker, it is clear that the anomaly that currently exists must be corrected; i.e., section 92A(1)(b) refers to designations that no longer exist. Similarly, it is necessary to amend sections 120(5) and 129(1)(aa) of the Companies Act 1981, and section 20(5) of the Limited Liability Company Act 2016, to delete references to the designation by regu-lations of tourist accommodations or hotel residence, and to make it clear that those expressions have the meanings given in section 72(1) of the Bermuda I mmigrati on and Protection Act 1956. As the amended sections would now reference section 72(1) of the Act, we have also taken the opportunity to clarify the def inition of “tourist accommodation” to be consistent with the Bermuda Immigration and Protection (Tourist Accommodation and Hotel Residences) Regulations 2010. The proposed amendment states that, “Tourist accommodation must be made available as part of the hotel inventory for at least six months each year for occupancy by paying, transient guests, although in the case of an exempted company, the accommoda-tion may alternatively be used by a tenant who occ upies the accommodation under a rental agreement entered into pursuant to a permit issued by the Mini ster.” Mr. Speaker, I now ask that other Members contribu te to the Bill.
The SpeakerThe SpeakerAll right. Thank you very much, Mini ster. The Chair will now recognise the Honourable Member, MP Walton Brown, the Shadow Minister.
Mr. Walton BrownThank you, Mr. Speaker. Mr. Speaker, I am very pleased to say that with r egard to this particular immigration reform Bill, Members on this side of the House are happy to fully support it. We do recognise it as a housekeeping measure designed to ensure that all legislation is …
Thank you, Mr. Speaker. Mr. Speaker, I am very pleased to say that with r egard to this particular immigration reform Bill, Members on this side of the House are happy to fully support it. We do recognise it as a housekeeping measure designed to ensure that all legislation is consistent. And we have absolutely no problem with this kind of immigration reform.
The SpeakerThe SpeakerThank you very much. Would any other Members care to speak? Minister. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I am appreciative of the Oppos ition’s acquiescence to the intent of this Bill. And I move that the Bill be now committed.
The SpeakerThe SpeakerAll right. The Minister has moved that the Bill be committed. Any objections? 366 3 February 2017 Official Hansard Report Bermuda House of Assembly The Chair will ask that the Deputy Speaker take the Chair [of Committee]. House in Committee at 12:20 pm [Mrs. Suzann Roberts -Holshouser, Chairman ] COMMITTEE …
All right. The Minister has moved that the Bill be committed. Any objections? 366 3 February 2017 Official Hansard Report
Bermuda House of Assembly The Chair will ask that the Deputy Speaker take the Chair [of Committee].
House in Committee at 12:20 pm
[Mrs. Suzann Roberts -Holshouser, Chairman ]
COMMITTEE ON BILL
BERMUDA IMMIGRATION AND PROTE CTION AMENDMENT (NO. 2) ACT 2017
The ChairmanChairmanThank you, Members. We are now in Committee of the whole House for further consider ation of the Bill entitled Bermuda Immigration and Pr otection Amendment (No. 2) Act 2016. The first thing I would like to point out is we will be making an amendment to the title, if …
Thank you, Members. We are now in Committee of the whole House for further consider ation of the Bill entitled Bermuda Immigration and Pr otection Amendment (No. 2) Act 2016. The first thing I would like to point out is we will be making an amendment to the title, if there are no objections, and to the clause, so that this Bill would now be referred to as Bermuda Immigration and Pr otection Amendment Act 2017. I call on the Minister in charge to proceed. Minister, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman. Madam Chairman, the Bill seeks to repeal section 92A(1)(b) concerning restriction on acquiring tourist accommodations or a hotel residence of the Bermuda Immigration and Protection Act 1956 and amends sections 120(5) and 129(1)(aa) of the Com-panies Act 1981, as well as section 20 of the Limited Liability Company Act of 2016. Each of the amendments would delete the references to the designation by regulations of tourist accommodations or a hotel residence and provide that those expressions have the meanings given in section 72(1) of the Bermuda Immigration and Protection Act 1956. Clause 1 gives the citation, and it will now be changed to the Amendment Act of 2017. Clause 2 amends the definition of “tourist accommodation” in section 72(1) of the Bermuda Imm igration and Protection Act 1956 to provide that tourist accommodation must be made available as part of the hotel inventory for at least six months each year for occupancy by paying, transient guests, although in the case of an exempted company, the accommodation may alternatively be used by a tenant who occupies the accommodation under a rental agreement entered into pursuant by a permit issued by the Minister. Clause 3 amends section 92A of the Bermuda Immigration and Protection Act 1956 by repealing section 92A(1)(b). The paragraph currently provides that the Minister may approve an application for a licence to hold or acquire an interest in tourist accommodation or a hotel residence only if the tourist accommodation or hotel residence to be held or acquired is designated by the regulations as eligible to be held or required by restricted persons. However, pursuant to amendments made by the Bermuda Immigration and Protection Amendment Act 2015, tourist accommodation or hotel residence is no longer designated by regulations; therefore, the paragraph is repealed. Clause 4 amends sections 120(5) and 129(1)(aa) of the Companies Act 1981. The amend-ments delete references to the designation by regul ations of tourist accommodations or a hotel residence and provide that those expressions have the mean-ings given in section 72(1) of the Bermuda Immigr ation and Protection Act 1956. Clause 5 amends section 20(5) of the Limited Liability Company Act 2016. The amendment also deletes references to the designation by regulations of tourist accommodations or a hotel residence and pr ovides that those expressions have the meanings given in section 72(1) of the Bermuda Immigration and Pr otection Act 1956.
The ChairmanChairmanThank you, Member. Are there any Members who would like to speak to clauses 1 through 5? The Chair recognises the Member from constituency 17. You have the floor.
Mr. Walton BrownThank you, Madam Chairman. We have no objection at all to these amendments.
The ChairmanChairmanThank you, Member. Are there any other Members who would like to speak to clauses 1 through 5? There are no other Members. Minister. Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman. Madam Chairman, I move that clauses 1 through 5, as amended, be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 5 be approved, with the amendment to the title. Are there any objections to that motion? No objections. Agreed to. [Motion carried: Clauses 1 through 5 passed as amended.] Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman. Madam Chairman, I …
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. Bermuda House of Assembly [Gavel] Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman. Madam Chairman, I move that the Bill be r eported to the House. The Chairm …
It has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to.
Bermuda House of Assembly [Gavel]
Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman. Madam Chairman, I move that the Bill be r eported to the House.
The Chairm an: It has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: The Bermuda Immigration and Pr otection Amendment Act 2017 was considered by a Committee of the whole House and passed as amended.]
House resumed at 12:24 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2017
The SpeakerThe SpeakerThank you, Honourable Members. The Bermuda Immigration and Protection Amendment Act 2017 has been approved. The second reading has been approved. Any objections to that? There are none. So we will move on to . . . Orders No. 2 and 3 are carried over. And we move to Order …
Thank you, Honourable Members. The Bermuda Immigration and Protection Amendment Act 2017 has been approved. The second reading has been approved. Any objections to that? There are none. So we will move on to . . . Orders No. 2 and 3 are carried over. And we move to Order No. 4, in the name of the Minister of Finance. But I would think the Premier, it looks like it is time that we take lunch.
Hon. Michael H. Dunkley: Yes, Mr. Speaker. I move that we now adjourn for lunch.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. It has been moved that we adjourn to lunch. I do not think there will be any objections to that. The House is adjourned to 2:00 pm. [Gavel] Proceedings suspended at 12:26 pm Proceedings resumed at 2:04 pm [Hon. K. H. Randolph Horton, Speaker, …
All right. Thank you, Honourable Member. It has been moved that we adjourn to lunch. I do not think there will be any objections to that. The House is adjourned to 2:00 pm. [Gavel]
Proceedings suspended at 12:26 pm
Proceedings resumed at 2:04 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair] BILL
SECOND READING
USA –BERMUDA TAX CONVENTION AMENDMENT ACT 201 7
The SpeakerThe SpeakerHonourable Members, we resume this afternoon with the second reading of the USA – Bermuda Tax Convention Amendment Act 2016. The Chair will recognise the Minister of F inance. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. Speaker, I move that the Bill entitled the USA–Bermuda Tax …
Honourable Members, we resume this afternoon with the second reading of the USA – Bermuda Tax Convention Amendment Act 2016. The Chair will recognise the Minister of F inance. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. Speaker, I move that the Bill entitled the USA–Bermuda Tax Convention Amendment Act 2016 (I guess it will be 2017 in a moment) be now read the second time.
The SpeakerThe SpeakerAny objections? There are no objections. Please carry on. Hon. E. T. (Bob) Richards: Thank you, sir. Mr. Speaker, I am pleased to present to the Honourable Members for consideration the Bill entitled the USA –Bermuda Tax Convention Amendment Act 2016 pertaining to Tax Information Exchange Agree-ments, commonly known at …
Any objections? There are no objections. Please carry on. Hon. E. T. (Bob) Richards: Thank you, sir. Mr. Speaker, I am pleased to present to the Honourable Members for consideration the Bill entitled the USA –Bermuda Tax Convention Amendment Act 2016 pertaining to Tax Information Exchange Agree-ments, commonly known at TIEAs. Mr. Speaker, the primary purpose of these amendments is to preserve Bermuda’s Tax Infor-mation Exchange Agreements network. Mr. Speaker, the USA –Bermuda Tax Convention Act is specific to the bilateral USA –Bermuda exchange of information relationship with the United States that has existed since the 1986 Tax Treaty signed by the then- Premier, the Honourable Sir John Swan. And, Mr. Speaker , Honourable Member s will recall that the USA –Bermuda Tax Convention Act 1986 was previously amended in order for Bermuda to have the assurance of a more timely response to exchange of information requests and to facilitate USA-FATCA [Foreign Account Tax Compliance Act] automatic exchange of information for tax purposes. Those previous amendments have served Bermuda well. Bermuda’s OECD Peer Review Report (which I will refer to as the OECD Report) has a number of phases. Phase 1 is the Legal and Regulatory Fram ework , and Phase 2, Implementation of the Standards and Practice in respect of Bermuda, was published by the OECD in 2013 and was made public at the same time showing the ratings of 50 countries. Bermuda received the very good OECD rating of “largely com-pliant.” Now , maybe “largely compliant” does not sound that great, but I would remind Honourable Member s that this is the same rating that was applied to the US and the UK and some other G8 countries. 368 3 February 2017 Official Hansard Report B ermuda House of Assembly Mr. Speaker, this Bill will address some of the problems the Ministry has encountered as the Ministry seeks to obtain information under the terms and con-ditions of the USA –Bermuda Tax Convention Act, particularly in light of a recent Supreme Court decision. These proposed amendments will also enhance existing provisions relating to TIEAs in the PATI Act with respect to important and sensitive principles of confidentiality of information received and/or ex-changed by Bermuda pursuant to the USA –Bermuda Tax Convention Act. These amendments also seek to make changes to the terms under which costs may be ordered against the Minister. This will be important as the Minister endeavours to comply with Bermuda’s obligations regarding exchange of information under this Act. Mr. Speaker, it is anticipated that the amendments will become quite clear as we move ahead into Committee, and at this point I would like to invite any other Members to participate in the debate. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Minister. Are there any other Members who care to speak? The Chair will now recognise the Leader of the Opposition and the Shadow Minister of Finance, David Burt. You have the floor, Honourable Member . Hon. E. David Burt: Thank you very much, Mr. Speaker , …
The SpeakerThe SpeakerThank you. Hon. E. David Burt: Mr. Speaker , the Opposition has consulted with the technical officers in respect to this Bill and we have no objections , and we look forward to moving it forward so we can continue to remain the gold standard of places to do business.
The SpeakerThe SpeakerThank you, Honourable Leader of the Opposition . Are there any other Members who would care to speak? Then I return to the Minister. Hon. E. T. (Bob) Richards: Mr. Speaker , with that said I would like to move that the Bill be committed.
The SpeakerThe SpeakerThank you. The Bill has . . . it has been moved that the Bill be committe d. Are there any objections to that? There are none. I will ask that the Deputy Speaker to please take the Chair [of Committee] . House in Committee at 2:10 pm [ Mrs. …
Thank you. The Bill has . . . it has been moved that the Bill be committe d. Are there any objections to that? There are none. I will ask that the Deputy Speaker to please take the Chair [of Committee] . House in Committee at 2:10 pm [ Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL US A–BERMUDA TAX CONVENTION AME NDMENT ACT 2017
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled USA –Bermuda Tax Convention Amendment Act 2016. AMENDMENT TO CLAUSE 1
The ChairmanChairmanThere will be an amendment that I would like to offer up first and that would be that the title be amended to read USA –Bermuda Tax Convention Amendment Act 2017. Is there any objection to that amendment? No objections. [ Motion carried: Amendment to clause 1 passed.]
The ChairmanChairmanMinister? Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. So, Madam Chairman, I would like to move all clauses. Madam Chairman, clause 1 —
The ChairmanChairmanWait a minute; we need to get the approval for that. We would like to move clauses 1 through 4. Are the re any objections to that motion? No objections. Agreed to. Please proceed. [ Gavel] Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Madam Chairman, clause 1 of …
Wait a minute; we need to get the approval for that. We would like to move clauses 1 through 4. Are the re any objections to that motion? No objections. Agreed to. Please proceed. [ Gavel] Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Madam Chairman, clause 1 of the Bill pr ovides the citation for the Bill. Clause 2 amends the principal Act by confir ming that the Minister of Finance, as the competent a uthority for Bermuda, may provide assistance in accordance with the principal Act. This section also pr ohibits any person, in receipt of a request, from disclos-ing the request or any information related to the r equest to any other person except in accordance with the principal Act. Finally, this section provides that, pursuant to section 26A of the Public Access to Infor-mation Act 2010 (which provides that international tax agreements are exempted records under that Act), the prohibition on disclosure under this section of the principal Act shall have effect.
B ermuda House of Assembly Madam Chairman, clause 3 amends section 5 of the principal Act to provide that in respect of an a pplication for a production order, neither the Minister nor an officer of the Ministry of Finance shall be under a duty to make inquiries in relation to any statement made or any information given in respect of a request for which a production order is sought, or in relation to a previous request. And clause 4 amends section 9B of the pri ncipal Act to include a provision which further provides for circumstances relating to costs of the Minister. Madam Chairman, I move the four clauses of the USA –Bermuda Tax Convention Amendment Act 2017.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 4? There are no Members that would like to speak to clauses 1 through 4. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, I move that these four clauses be approved.
The ChairmanChairmanIt has been moved that the four clauses be approved as printed. Any objections to that motion? No objections. Agreed to. [ Gavel] [ Motion carried: Clauses 1 through 4 passed as amended] Hon. E. T. (Bob) Richard s: Madam Chairman, I would like to move the . . . …
The ChairmanChairmanPreamble? Hon. E. T. (Bob) Richards: I would like move the Preamble please.
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objections to that motion? No objection. Agreed to. [ Gavel] Hon. E. T. (Bob) Richards: I would like to move that the Bill be reported to the House as amended by date.
The ChairmanChairmanIt has been moved that the Bill be reported to the House with the amendment to the date or the title. Any objections to that motion? No objection. Agreed to. [ Gavel] [ Motion carried: The USA –Bermuda Tax Con vention Amendment Act 2017 was considered by a Commi ttee …
It has been moved that the Bill be reported to the House with the amendment to the date or the title. Any objections to that motion? No objection. Agreed to. [ Gavel] [ Motion carried: The USA –Bermuda Tax Con vention Amendment Act 2017 was considered by a Commi ttee of the whole House and passed as amended.] House resumed at 2:13 pm [ Hon. K . H. Randolph Horton, Speaker, in the Chair] REPORT OF COMMITTEE US A–BERMUDA TAX CONVENTION AMENDMENT ACT 2017
The SpeakerThe SpeakerThank you, Honourable Member s. The House has approved the second reading of the USA –Bermuda Tax Convention Amendment Act 2016 with the amendment of . . . to it being the Act of 2017. Any objections to that? Thank you, Honourable Member s. We will now move to Order …
Thank you, Honourable Member s. The House has approved the second reading of the USA –Bermuda Tax Convention Amendment Act 2016 with the amendment of . . . to it being the Act of 2017. Any objections to that? Thank you, Honourable Member s. We will now move to Order No. 5 which is the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2016. And I will recognise the Minister of Finance once more. BILL SECOND READING INTERNATIONAL COOPERATION (TAX INFO RMATION 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 2016 be now read a second time.
The SpeakerThe SpeakerThank you. Any objections? Carry on. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. Speaker, I am pleased to present to the Honourable House for consideration the Bill entitled the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2016 (of course we are going to …
Thank you. Any objections? Carry on. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. Speaker, I am pleased to present to the Honourable House for consideration the Bill entitled the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2016 (of course we are going to amend that to 2017) pertaining to Tax Information Exchange Agreements (commonly known as TIEAs). The primary purpose of this amendment Bill, as was the Bill that we just approved, is to preserve 370 3 February 2017 Official Hansard Report
Bermuda House of Assembly Bermuda’s Tax Information Exchange Agreement framework. Of course, this is for all countries other than the USA. That is why it is the International Coo peration (Tax Information Exchange Agreements) Amendment (No. 2) Act. This amendment applies in respect of all Bermuda’s bilateral and multilateral Exchange of I nformation Agreements that were signed since 2005 and which today total 106 countries inclusive of every known international financial centre, all members of the G20, OECD, and EU , as well as other countries. Mr. Speaker, Bermuda today has a truly glo bal network of Tax Information Exchange Agreements in order to comply with International Cooperation Standards of the ever powerful EU, G20, and OECD, which are the leading power brokers in the world, par-ticularly the G20. Mr. Speaker, if Bermuda did not comply with international standards for exchange of information f or tax purposes, Bermuda would cease to exist as an international business centre. Simply put, Bermuda’s economy would implode. Mr. Speaker , Honourable Member s will recall that this TIEA Act was previously amended in order for Bermuda to have the assurance of a more timely response to TIEA requests for exchange of infor-mation to facilitate USA –FATCA automatic exchange of information for tax purposes and the OECD aut omatic exchange of information for tax purposes r egimes , and those previous amendments have served Bermuda well. As stated regarding the Bill just debat-ed, Bermuda received a very good OECD rating of “largely compliant.” Mr. Speaker, this Bill will address some of the problems the Ministry has encountered with exchange of information including matters relating to confident iality and costs of proceedings of the information. Mr. Speaker, in addition the proposed amendments will streamline the process for filing pr oduction order applications to the Supreme Court of Bermuda, whereby instead of only the Financial Secretary and any Assistant Financial Secretary making such applications on behalf of the Minister, the Treaty Unit’s Assistant Financial Secretary or the Senior Ex-change of Information Officer or the Junior Exchange of Information Officer will also be able to do so in ac-cordance with the Act. The amendment will reinforce Bermuda’s compliance with internationally agreed tax standards which require that only the Minister as TIEA compe-tent authority and the Minister’s Treaty staff are sup-posed to see the confidential TIEA request document. With those few words, Mr. Speaker , I invite Honourable Members to debate. Thank you.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Leader of the Opposition, MP David Burt, Shadow Mini ster of Finance. Hon. E. David Burt: Thank you very much, Mr. Speaker . Mr. Speaker, as before, the Opposition will have no objection to the Bill. Some of my Members, however, …
Thank you, Minister. The Chair will now recognise the Leader of the Opposition, MP David Burt, Shadow Mini ster of Finance. Hon. E. David Burt: Thank you very much, Mr. Speaker . Mr. Speaker, as before, the Opposition will have no objection to the Bill. Some of my Members, however, will speak in the general debate, but we are continuing to support our efforts to make sure that our regulatory framework is in place so we continue to earn the highest marks of being a transparent and reputable international financial centre. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you. The Chair will now recognise the Honourable Member, MP Walton Brown. You have the floor.
Mr. Walton BrownThank you , Mr. Speaker . Just one question. I fully understand why we do this to meet our international obligations and to ensure that we retain our reputation globally. It is, however, in almost every instance, a one- way street of information dissemination. My question for the Minister is …
Thank you , Mr. Speaker . Just one question. I fully understand why we do this to meet our international obligations and to ensure that we retain our reputation globally. It is, however, in almost every instance, a one- way street of information dissemination. My question for the Minister is whether or not he and his tactical staff have occasion to ponder or to propose some kinds of concessions from those coun-tries whom we enter into TIEAs with. And I speak of considerations in areas that might go outside of f inance, but if you are having these bilateral discus-sions, these may well become opportunities to discuss other issues that could benefit Bermuda. And I can speak of one concrete example when we signed off on a TIEA with Australia, I believe, we were able to get the Australian government , as a result of this bilateral discussion , to grant to Bermuda the same concession that British citizens —the UK —has with regard to visa applications to travel to Australia. So, I know that is not your ministerial remit —
The SpeakerThe SpeakerYou are speaking through the Speaker.
Mr. Walton Brown—like, you know . . . wander, Mr. Speaker , I am very sorry for that. My eyesight is not very good. [Laughter]
Mr. Walton BrownBut, Mr. Speaker, my question for the Honourable Minister is whether . . . if he has not done so to date, would he at the very least consider having discussions with other Ministers to see if there B ermuda House of Assembly are other matters that can be put …
But, Mr. Speaker, my question for the Honourable Minister is whether . . . if he has not done so to date, would he at the very least consider having discussions with other Ministers to see if there
B ermuda House of Assembly are other matters that can be put on the table for consideration if we are engaged in these bilateral discussions in any event. And in keeping with the Minister’s directive to conserve resources as much as possible, if you are already having these meetings , why not try to get the biggest bang for your buck?
The SpeakerThe SpeakerThank you, Honourable Member . Any other Honourable Member s care to speak? Then the Chair will recognise the Honourable Minister. Hon. E. T. (Bob) Ric hards: Thank you, Mr. Speaker . I think in the main you are right. The exchange of information is one- way although some of …
Thank you, Honourable Member . Any other Honourable Member s care to speak? Then the Chair will recognise the Honourable Minister. Hon. E. T. (Bob) Ric hards: Thank you, Mr. Speaker . I think in the main you are right. The exchange of information is one- way although some of these Tax Information Exchange Agreements have opened up certain other avenues for business as . . . I mean . . . I cannot comment on visas, but I know specifically we had a TIEA with Canada that put us on par on a competitive basis tax -wise with Barbados which had a bilateral tax agreement with Canada that put us at a competitive disadvantage. Once we signed the TIEA with Canada, we we re on the same level playing field with Barbados. And at least one company that I do know has left Barbados to come to Bermuda b ecause I met the principals. So there are some collat-eral benefits to these TIEAs. But of course the real benefit for the TIEAs is that we do not get in . . . should I say , we do not get in the crosshairs anymore of people that want to do us harm, like some of our friends over in Europe who seem to be hell -bent to blacklist Bermuda and other places like us for various and sundry reasons. So, largely these TIEAs are a defence mechanism, and in that respect they are very, very beneficial. But I take your point that the traffic is oneway, but it is kind of like the nature of the beast. I do not know that many companies, which originate in Bermuda, that have any of these subsidiaries an ywhere else that we would want to know information on because we do not have an income tax system. So it is the nature of the beast. But at least on that one occasion, that one instance that I know, there was a beneficial outcome of sort of regularising the relationship with Canada when we signed the TIEA with them.
The SpeakerThe SpeakerThank you, Honourable Member . Do you want to commit the [Bill]? Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . If there are no other questions , I move that the Bill be committed.
The SpeakerThe SpeakerAll right. Thank you. It has been moved that the Bill be committed. Any objections to that? Then, Deputy, please. House in Committee at 2:24 pm [ Mrs. Suzann Roberts -Holshouser , Chairman] COMMITTEE ON BILLINTERNATIONAL 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 2016. AMENDMENT TO CLAUSE 1
The ChairmanChairmanWith the permission, we would like to have the title amended to International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017. Are there any objections to that amendment? No objections. Agreed to. [ Gavel] [ Motion carried: Amendment to clause 1 passed.]
The ChairmanChairmanMinister, you have the floor. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Madam C hairman, I would like to move all clauses, clauses 1 through 6, of the International C ooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017.
The ChairmanChairmanAre there any objections to moving clauses 1 through 6? No objections. Agree d to. [ Gavel] Hon. E. T. (Bob) Richards: Thank you. Madam Chairman, clause 1 provides the cit ation for the Bill. Clause 2 amends section 2 of the principal Act to broaden the definition of Minister …
Are there any objections to moving clauses 1 through 6? No objections. Agree d to. [ Gavel] Hon. E. T. (Bob) Richards: Thank you. Madam Chairman, clause 1 provides the cit ation for the Bill. Clause 2 amends section 2 of the principal Act to broaden the definition of Minister so that, with respect to the Minister’s functions under the principal Act, any reference to the Minister includes the Minister of Finance or such other person, being an officer or servant, or an agency of the Government of Bermuda as the Minister of Finance may designate to perform such function in his stead. Clause 3 amends section 3 of the principal Act to prohibit any person, in receipt of a request from 372 3 February 2017 Official Hansard Report
Bermuda House of Assembly a requesting party, from disclosing the request or any information related to the request to any other person except in accordance with the Act. This provi sion also provides that, pursuant to section 26A of the Public Access to Information Act 2010 (which provides that international tax agreements are exempted records under that Act), the prohibition on disclosure under this section of the principal Act shall have effect notwithstanding any other provision of the Public Access to Information Act 2010. Clause 4 amends section 5 of the principal Act to: (a) replace the reference to “ Financial Secr etary” with “Minister. ” This change, coupled with the broadening of the definition of Minister, enables persons designated by the Minister to carry out the func-tions of the Minister with respect to the making of an application for a production order; (b) provide that, in respect of an application for a production order, the Minister (or whomever he designates) shall be under no obligation to make inquiries in relation to any statements made or any information given in respect of a request for which a production order is sought, or in relation to a previous request; and ( c) require that the person designated by the Minister to make an application for a production order produce a minute signed by the Minister of Finance authorising him to make such application. Madam Chairman, clause 5 amends section 6A of the principal Act to expand the category of officers of the Ministry of Finance who may enter premises to obtain information for the purposes of the Act. Clause 6 amends section 11 of the principal Act to include a provision which further provides for circumstances relating to costs of the Minister. With those words I would like to invite Members to participate. Thank you.
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 claus es 1 through 6 . . . or are there? No. Minister, please proceed. Hon. E. T. (Bob) Richards: So, Madam Chairman, I …
The ChairmanChairmanYes, please. It has been moved that clauses 1 through 6 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 6 passed as amended.] Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move the Preamble …
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objections to that motion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: I would like to move that the Bill be reported to the House as printed, except for the date.
The ChairmanChairmanIt has been moved that t he Bill be approved and sent to the House. Any objections to that motion, as amended, the title being amended ? No objections. Agreed to. [Gavel] [Motion carried: The International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 was considered by a …
It has been moved that t he Bill be approved and sent to the House. Any objections to that motion, as amended, the title being amended ? No objections. Agreed to. [Gavel]
[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 as amen ded.]
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman.
House resumed at 2:29 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
INTERNATIONAL COOPER ATION (TAX INFO RMATION EXCHANGE AGREEMENTS) AMEN DMENT (NO. 2) ACT 2017
The SpeakerThe SpeakerHonourable Members, the second reading of the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2016 has been approved with the amendment to it becoming the 2017 Act. Any objections to that? There are none. So the second reading has been approved. We now move to the next …
Honourable Members, the second reading of the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2016 has been approved with the amendment to it becoming the 2017 Act. Any objections to that? There are none. So the second reading has been approved. We now move to the next matter on the Order Paper, the Quarantine Act 2016 in the name of the Minister of Health and Seniors, so the Chair w ill recognise the Minister for Health and Seniors, Minister Atherden.
BILL
Bermuda House of Assembly SECOND READING
QUARANTINE ACT 201 7
Hon. Jeanne J. Atherden: Good afternoon, Mr. Speaker . Mr. Speaker, I now move that the Bill entitled the Quarantine Act 2016 be now read the second time.
The SpeakerThe SpeakerAny objections to that? Carry on, please, Minister. Hon. Jeanne J. Atherden: Mr. Speaker , the Quara ntine Bill 2016 was tabled on the 21st of November 2016. Mr. Speaker, this Act repeals the Quarantine Act 1946 and introduces internationally recognised standards to prevent and protect against public health threats …
Any objections to that? Carry on, please, Minister. Hon. Jeanne J. Atherden: Mr. Speaker , the Quara ntine Bill 2016 was tabled on the 21st of November 2016. Mr. Speaker, this Act repeals the Quarantine Act 1946 and introduces internationally recognised standards to prevent and protect against public health threats that can impact the Island’s economic well-being and reputation. Mr. Speaker, the first line of defence in global public health threats is the security of our ports and airport. This regulation governing the arrival of trave llers’ ships and aircraft to our borders is fundamental for the safety of Bermuda from threats from imported communicable diseases. The Quarantine Act 2016 is the legislation that will modernise and strengthen our response to international public health threats. The Quarantine Act 2016 ensures that Bermuda implements the World Health Organization (WHO) International Health Regu lations (2005) (or IHR 2005). The IHR 2005 was signed by member states of the WHO including the United Kingdom, which extended the agreement to Bermuda in 2007, and pr ovides a new public health security framework. Impl ementing the standards of the IHR 2005 in our Quaran-tine Act 2016 (which will be amended during the Committee stage to 2017) ensures that we prevent and protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks and which avoid unnecessary inter-ferenc e with international traffic and trade. In addition, the Quarantine Act 2016 provides the creation of regulations to ensure: national and i nternational surveillance; assessment and public r esponse; health measures applied by Bermuda to i nternational travellers, aircraft and ships, and goods; and public health control measures at our ports and airport. By implementing the IHR 2005 into our Quarantine Act 2016, we are ensuring Bermuda has flex ible and effective security for the range of public health risks that may arrive at our shores. Mr. Speaker, in the last few years Bermuda has witnessed first -hand the threat communicable diseases such as Zika and Ebola pose to our Island. The Quarantine Act 2016 ensures that our legislation is consistent with the international standards and best practices currently being followed and that we fulfil our obligations under the IHR 2005. The Quarantine Act 2016 will increase secur ity for travellers, ships, and aircraft arriving in Bermuda while our Public Health Act continues to apply for general health measures of the Island’s population who are no longer in transit. In particular, the Quaran-tine Act 2016 modernises and aligns Bermuda’s quar-antine laws with IHR by: (a) identifying the national IHR focal point; (b) provid ing for core capacities to be present and functioning at ports and at the airport; (c) allowing for a response to public health events of international concern; and (d) providing for the Mini ster responsible for Health to create regulations for i nterventions and treatment measures for baggage, cargo, containers, goods, conveyances, post, ports, and airport, travellers conveyance operators, and port personnel. Mr. Speaker, the national IHR focal point for Bermuda will be Public Health England, the UK’s executive agency of the UK’s Department of Health. The National Focal Point acts as our conduit for communications with the WHO for all matters related to public health threats and will ensure we receive recommen-dations for best practices of handling specific public health risks that arrive. Our Chief Medical Officer will be the contact person for Public Health England on all matters related to the IHR 2005. Mr. Speaker, the 1946 regulations for both our air and maritime responsibilities are currently being reviewed. These will be brought to the House as soon as practicable this year by affirmative resolution and will fulfil the need in the Act to have core capacities at our entry points, response to public health events, and introduce modern intervention techniques for trave llers, baggage, and conveyances. Mr. Speaker, the new regulations will comply with the WHO standards to prevent the spread of disease before it reaches our shores by means of trave llers, conveyance operators and the conveyances they operat e. In addition, it will ensure that we do not i mpede trade or traffic, but allow more flexible measures for conveyances and travellers who we suspect of carrying a disease. These will be laid in both Houses before America’s Cup. With these brief introductory remarks I will take my seat, Mr. Speaker, and allow more convers ation.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member care to speak? The Chair will recognise the Honourable Learned Member from constituency 34, MP Kim Wi lson. 374 3 February 2017 Official Hansard Report Bermuda House of Assembly Ms. Kim N. Wilson: Thank you very much, Mr. Speaker , …
Thank you, Honourable Member . Does any other Honourable Member care to speak? The Chair will recognise the Honourable Learned Member from constituency 34, MP Kim Wi lson.
374 3 February 2017 Official Hansard Report
Bermuda House of Assembly Ms. Kim N. Wilson: Thank you very much, Mr. Speaker , and good afternoon. Mr. Speaker, in the last 30 minutes we have seen that this House has passed legislation that supports and strengthens Bermuda’s economic well -being and reputation. However, all of that will be for naught if we do not also as legislators take action and positive steps to ensure that our public health standards also meet with international standards. And as such the Opposition does not have any objections to this legis-lation. Thank you.
The SpeakerThe SpeakerThank you very much, Honourable Member . Any other Honourable Member care to speak? So it looks like we have the speaker of the day.
The SpeakerThe SpeakerThe Honourable Member from consti tuency [17], MP Walton Brown. You have the floor.
Mr. Walton BrownThank you , Mr. Speaker . I was not intending to speak, but I have two questions for the Minister. The Minister spoke about the need for, effectively, a higher level of infrastructure to deliver on these measures. And given Gover nment’s current constraints, are we now set to pass …
Thank you , Mr. Speaker . I was not intending to speak, but I have two questions for the Minister. The Minister spoke about the need for, effectively, a higher level of infrastructure to deliver on these measures. And given Gover nment’s current constraints, are we now set to pass legislation without the capacity to actually implement it? So that is my question. Do we have the resources? Do you have the resources in the Ministry to properly implement what we are going to pass here today? And then, secondly, there are those who would tire of me raising this issue, but it is as much for the purposes of edification as it is for helping us to understand the reality of our situation. Here is it in 2017, we are passing legislation that is consistent with WHO recommendations, yet we are answerable, it seems, to the United Kingdom for how this matter is to be administered and implemented. That is just a trav-esty in 2017. Minister, are you at all concer ned that here we are, yet again, delegating power back to the UK over an area where they have absolutely no constitutional responsibility for whatsoever?
The SpeakerThe SpeakerThank you, Honourable Member . Any other Honourable Member s care to speak? There are none, so Minister. Hon. Jeanne J. Atherden: Mr. Speaker, Members of the House, and the listening audience, with respect to the first question that was asked, obviously we do recognise that we need resources and …
Thank you, Honourable Member . Any other Honourable Member s care to speak? There are none, so Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, Members of the House, and the listening audience, with respect to the first question that was asked, obviously we do recognise that we need resources and that is being looked at with respect to my Ministry, and we have identified the resources that we need and are having consultations with the Minister of Finance as to how we will make this happen. Though we do understand this is a . . . when you know what you need, you have to make sure that you have them, so that is . . . I can assure you that this is being looked at. With respect to the second question, all I can say is this, sometimes you have to recognise that . . . and I use the analogy of living at home, sometimes when you are living at home and things benefit to you, you do not need to move out . . . sorry, I guess I am speaking to the Speaker even though I wanted ey esight of the . . .
The SpeakerThe SpeakerYes, yes, right, speak . . . just speak through the Speaker. Hon. Jeanne J. Atherden: But sometimes when you are living at home you . . . you are . . . if it is comfort able to you and it does not create any issue, then you just …
Yes, yes, right, speak . . . just speak through the Speaker. Hon. Jeanne J. Atherden: But sometimes when you are living at home you . . . you are . . . if it is comfort able to you and it does not create any issue, then you just say, Hey, it works. And I think within this case it does work because in some cases, especially when you are talking about international issues, communi-cable diseases, which are deemed to be something that is spreading around the world, having someone like Public Health England there where we can have the discussion with and we can use them for raising issues in terms of transporting individuals or preven-tion, that actually works in our behalf. And all I am just saying to you is that in this case I do believe that it benefits us. Going forward, we have many discussions with Public Health England about international practices, we have conversations not only with them relating to ourselves, but relating to the other UKOTs [United Kingdom Overseas Territory] about things where we can leverage some of their international connections, et cetera. So I think, for this, I do believe it works to our advantage. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. Hon. Jeanne J. Atherden: Mr. Speaker, I move that the Bill entitled the Quarantine Act be now read a second time.
The SpeakerThe SpeakerAll right, thank you, and committed, yes. A re there any objections to the committal of this Bill? There are none. Deputy Speaker? House in Committee at 2:41 pm [Mrs. Suzann Roberts -Holshouser, Chair man] B ermuda House of Assembly COMMITTEE ON BILLQUARANTINE ACT 201 7
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill now entitled Quarantine Act 2016. AMENDMENT TO CLAUSE 1
The ChairmanChairmanWe would like to amend the title of this Act to the Quarantine Act 2017. Are there any objections to that motion? There are no objections. [Gavel] [ Motion carried: Amendment to clause 1 passed.]
The ChairmanChairmanMinister, I call on you. Hon. Jeanne J. Atherden: Madam Chairman, I move clauses 1 through 3.
The ChairmanChairmanAre there any objections to moving clauses 1 through 3? No objections. Please proceed. Hon. Jeanne J. Atherden: Actually —
The ChairmanChairmanOne to two would be preferable, something has just been passed to me. Hon. Jeanne J. Atherden: Yes, I move clauses 1 and 2.
The ChairmanChairmanThank you. Are there any objections to that? There are no objections to moving clauses 1 through 2. Minister, please proceed. Hon. Jeanne J. Atherden: Clause 1 provides a cit ation for the Bill. Clause 2 provides for the interpretation of terms used in the Bill. And, Madam Chairman, I …
Thank you. Are there any objections to that? There are no objections to moving clauses 1 through 2. Minister, please proceed. Hon. Jeanne J. Atherden: Clause 1 provides a cit ation for the Bill. Clause 2 provides for the interpretation of terms used in the Bill. And, Madam Chairman, I propose to move an amendment on the floor to clause 2 and it has been circulated.
The ChairmanChairmanDoes everyone have copies of the amendment? Everyone has copies of the amendment. Please proceed. AMENDMENT TO CLAUSE 2 Hon. Jeanne J. Atherden: Clause 2 is amended by inserting after the definition of “cargo” the following new definition: “communicable disease” means a di sease caused by an infectious agent or …
Does everyone have copies of the amendment? Everyone has copies of the amendment. Please proceed. AMENDMENT TO CLAUSE 2 Hon. Jeanne J. Atherden: Clause 2 is amended by inserting after the definition of “cargo” the following new definition: “communicable disease” means a di sease caused by an infectious agent or biological toxin that affects human beings, imposes a risk of signif icant harm to public health and is specified in the regulations as a communicable disease.
The ChairmanChairmanThank you. Are there any Members that would like to speak to the amendment to clause 1? There are no objections . . . ah! Please feel free; we will hold. [ Pause]
The ChairmanChairmanThank you, I do believe there needs to be clarification — Hon. Jeanne J. Atherden: Yes, yes.
The ChairmanChairman—because I do not even understand it. Hon. Jeanne J. Atherden: Madam Chairman, the clause is being amended by inserting after the definition of “Chie f Medical Officer” the following new defin ition: “communicable disease” means a disease caused by an infectious agent or biological toxin that affects human beings, …
—because I do not even understand it. Hon. Jeanne J. Atherden: Madam Chairman, the clause is being amended by inserting after the definition of “Chie f Medical Officer” the following new defin ition: “communicable disease” means a disease caused by an infectious agent or biological toxin that affects human beings, imposes a risk of significant harm to public health and is specified in the regul ations as a communicable disease.
The ChairmanChairmanSo Minister, it varies from the amendment that we actually have in front of us? So I need to have confirmation . . . can you just repeat that over again so I am clear? Hon. Jeanne J. Atherden: Okay. What I am inser ting is “communicable disease” and that …
The ChairmanChairmanOkay. I see. That would be under the Interpretation of clause 2. Hon. Jeanne J. Atherden: Yes.
The ChairmanChairmanThe amendment we have is . . . point number one amends clause 2, right? Is everyone clear on that? Yes, everyone is clear. Please proceed. Hon. Jeanne J. Atherden: Did anyone feel —
The ChairmanChairmanAre there any questions to the amendment? It has been moved that the amendment to clause 2 be approved. Any objections to that motion? There are no objections to that motion. 376 3 February 2017 Official Hansard Report Bermuda House of Assembly [Gavel] [Motion carried: Amendment to clause 2 passed.]
The ChairmanChairmanMinister, please proceed. Hon. Jeanne J. Atherden: I would like to then move clauses 3 through 7.
The ChairmanChairmanIt has been moved that clauses 3 through 7 be moved. Any objections to that motion? No objections. Agreed to. Hon. Jeanne J. Atherden: Clause 3 provides for the Minister responsible for H ealth to be the Quarantine Authority for Bermuda. This clause empowers the Quarantine Authority to appoint Health …
It has been moved that clauses 3 through 7 be moved. Any objections to that motion? No objections. Agreed to. Hon. Jeanne J. Atherden: Clause 3 provides for the Minister responsible for H ealth to be the Quarantine Authority for Bermuda. This clause empowers the Quarantine Authority to appoint Health Officers for purposes of the Bill. Health Officers are required, in the exercise of their powers and the performance of their functions under the Bill, to act under the general or special directions and control of the Quarantine Au-thority. Clause 4 provides for the functions and po wers of Health Officers. The function of a Health Officer shall be to determine a traveller’s health status and potential health risk to others and to perform such ot her functions in relation to this Bill as the Chief Medical Officer may determine or as the Quarantine Authority may prescribe. A Health Officer shall report to the Chief Medical Officer in relation to his functions. Clause 5 provides for the application of the IHR 2005 to Bermuda. The clause further empower s the Minister to make regulations under clause 8 and emergency orders under clause 9 for the specific application of the IHR 2005. Clause 6 provides for communications to be made with Public Health England for the purposes of this Bill. The clause requires the Quarantine Authority to act on the advice of Public Health England, which is the National Focal Point for Bermuda, in relation to communications with the WHO IHR Contact Points that may then require regulations to be implemented under section 8. The Chief Medical Officer will be the contact person in Bermuda for Public Health England and will receive confirmation from Public Health England on health measures needed under the IHR 2005 in relation to this Bill. Clause 7 provides for the functions of the Chief Medical Officer for the purposes of this Bill. The Chief Medical Officer is empowered to assist with the implementation of health measures under the IHR 2005. It will be the function of the Chief Medical Officer to send urgent communications to the National Focal Point, to receive directives from and communicate di-rectives to relevant Government sectors, and dissem inate and consolidate input from relevant Government sectors on the IHR 2005 implementation. The Chief Medical Officer is also required to assist with the i mplementation of health measures under the IHR 2005 where confirmed necessary by Public Health England.
The ChairmanChairmanAre there any other Members that would like to speak to clauses 3 through 7? The Chair recognises the Member from constituency thirty —
Mr. Walton BrownMadam Chairman, can the Minister tell this House—
The ChairmanChairmanCan you be specific on the clause? That will help us.
Mr. Walt on BrownLet me finish my sentence and I will identify the clause. Can the Minister tell this House what the origin is of clause 6? I mean, why did you decide that we should go through the United Kingdom to have these matters addressed? In the day and age of easy …
Let me finish my sentence and I will identify the clause. Can the Minister tell this House what the origin is of clause 6? I mean, why did you decide that we should go through the United Kingdom to have these matters addressed? In the day and age of easy communication, we can get WHO directives just as easily as we get Inter -American [Development] Bank and other UN agencies’ information about communicable diseases. So, I just do not understand why we are do-ing this and why we are effectively delegating some of the powers that we already have to the United Kingdom. I would just like clarity on that.
The ChairmanChairmanThank you, Member. And in the future, would you be kind enough to let us know what the clause is when asked? Thank you. The Chair recognises the Minister. Hon. Jeanne J. Atherden: Madam Chairman, as I indicated earlier and I will continue to indicate, I think we have to …
Thank you, Member. And in the future, would you be kind enough to let us know what the clause is when asked? Thank you. The Chair recognises the Minister. Hon. Jeanne J. Atherden: Madam Chairman, as I indicated earlier and I will continue to indicate, I think we have to be practical about this. And I can think back when we had the issue with respect to Ebola, all right? And we are turni ng around, we are talking about things coming here to Bermuda and we were worried about what was going to happen and who was going to reach out and who was going to do anything for Bermuda. It was not the US. It was Public Health En gland, whether we liked it or not, because our threat was going to be something that had to be handled by them. So right now, with respect to WHO and PAHO, et cetera, yes, we still have . . . sorry, Madam Chai rman, I realise I am speaking to you, we still have direct communicat ions with them, but when it comes to act ually discussing health matters and things that were being voted on and discussed, Public Health England is there with us because they are at the front and we are right there getting our information dealt with. So
Bermuda House of Assembly the reality is Public Health England is the vehicle that Bermuda uses and has to use at the current time as long as we are still a UKOT.
[Inaudible interjection] Hon. Jeanne J. Atherden: United Kingdom Overseas Territory.
The ChairmanChairmanThank you. Are the re any other Members that would like to speak to clauses 3 through 7? The Chair recognises the Member from constituency 17.
Mr. Walton BrownMadam Chairman, the Minister has not answered the question. The question is why was this idea even put on the table? We can get i nformation about any communicable disease from repu-table organisations. The UK is not going to determine our infrastructure response. The UK is not going to provide …
Madam Chairman, the Minister has not answered the question. The question is why was this idea even put on the table? We can get i nformation about any communicable disease from repu-table organisations. The UK is not going to determine our infrastructure response. The UK is not going to provide funding for what we have to do. All I want to know is why is it that we are effectively putting our-selves in a position to take directives from the UK on these matters?
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clauses 3 through 7? The Chair recognises the Minister. Hon. Jeanne J. Atherden: I think it is probably som ething that I said earlier in my general overview is the fact that right now Bermuda is …
Thank you, Member. Are there any other Members that would like to speak to clauses 3 through 7? The Chair recognises the Minister.
Hon. Jeanne J. Atherden: I think it is probably som ething that I said earlier in my general overview is the fact that right now Bermuda is not a signatory to IHR 2005. The UK is and it is extended to us through the UK. So, that is the reality of what we have and that does not stop us from, as I said, getting information from other sources, et cetera. But we have the reality of it. The UK is a signatory, Bermuda is not, and we are having it extended to us through this way.
The ChairmanChairmanAre there any other Members that would like to speak to clauses 3 through 7? There are no other Members. Minister, if you would like to move clauses 3 through 7? Hon. Jeanne J. Atherden: I move clauses 3 through 7.
The ChairmanChairmanIt has been moved that clauses 3 through 7 be approved as printed. Are there any objections to that motion? No objection. Agreed to. [Gavel] [Motion carried: Clauses 3 through 7 passed.]
The ChairmanChairmanPlease proceed. Hon. J eanne J. Atherden: I would like to move clause 8—
The ChairmanChairmanIt has been moved— Hon. Jeanne J. Atherden: —with an amendment.
The ChairmanChairmanThat is correct. Is there any objection to moving clause 8? No objections. Minister, please proceed. Hon. Jeanne J. Atherden: Clause 8 empowers the Quarantine Authority to make regulations, on the advice of the Chief Medical Officer, to prevent danger to public health from a conveyance or persons or things …
That is correct. Is there any objection to moving clause 8? No objections. Minister, please proceed.
Hon. Jeanne J. Atherden: Clause 8 empowers the Quarantine Authority to make regulations, on the advice of the Chief Medical Officer, to prevent danger to public health from a conveyance or persons or things in the conveyance, arriving at any port or at the airpo rt in Bermuda. The regulations made under this clause are subject to the affirmative resolut ion procedure and shall provide so as to secure the rights and freedoms of travellers and other affected persons in cases where such rights are infringed in the process of the implementation of the regulations. The amendment that I would wish to make to clause 8 is as follows.
The ChairmanChairmanMm-hmm. AMENDMENT TO CLAUSE 8 Hon. Jeanne J. Atherden: [In sub- clause (2)] by r enumbering paragraph (j) as the paragraph (k), and inserting the following new paragraph: “(j) the diseas-es that may be listed in the regulations as communicable diseases that a conveyance operator is required to detect, note …
Mm-hmm.
AMENDMENT TO CLAUSE 8 Hon. Jeanne J. Atherden: [In sub- clause (2)] by r enumbering paragraph (j) as the paragraph (k), and inserting the following new paragraph: “(j) the diseas-es that may be listed in the regulations as communicable diseases that a conveyance operator is required to detect, note and report on if affecting or suspected to be affecting a traveller on board the conveyance;” And by inserting after sub- clause (5) the following new sub- clause: “(6) the Minister may by order, subject to the negative resolution procedure, amend the regulations for the purpose of providing for, and revising: (a) the list of communicable diseases that may be specified under the regulations; and (b) any of the forms that may be required under the regulations.”
The ChairmanChairmanThank you. Are there any Members that would like to speak to the amendment for clause 8? Thank you. The Chair recognises the Member from constituency 34.
Ms. Kim N. WilsonThank you. 378 3 February 2017 Official Hansard Report Bermuda House of Assembly Just one quick question. I wonder if the Mini ster can provide with respect to clause 6(b), as amended, Madam Chairman, what type of forms are antic ipated to accompany the [regulations] and be neces-sary for, I …
Thank you. 378 3 February 2017 Official Hansard Report
Bermuda House of Assembly Just one quick question. I wonder if the Mini ster can provide with respect to clause 6(b), as amended, Madam Chairman, what type of forms are antic ipated to accompany the [regulations] and be neces-sary for, I guess, the implementation of this Act and/or the [regulations]?
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 8 . . . the amendment, while we wait? And I believe that telephone is not in the room, which is why it has not been stopped. Hon. Jeanne J. Atherden: Madam Chair man—
The ChairmanChairmanThe Chair recognises the Minister. Hon. Jeanne J. Atherden: Pardon. Madam Chairman, the type of forms that are envisioned are forms that would indicate about inspec tions and other types of sanitation things that the inspectors would have carried out. So we might have to . . . we might …
The Chair recognises the Minister.
Hon. Jeanne J. Atherden: Pardon. Madam Chairman, the type of forms that are envisioned are forms that would indicate about inspec tions and other types of sanitation things that the inspectors would have carried out. So we might have to . . . we might start off with one form and have to amend it, but those are the type of forms that we con-template.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 8? There are no other Members that would like to speak to the amendment to clause 8. Minister, if you would move clause 8. Hon. Jeanne J. Atherden: I would like to move …
The ChairmanChairmanIt has been moved that clause 8 be moved, as amended. Any objections to that motion? No objection. Agreed to. [Gavel] [Motion carried: Clause 8 passed as amended.]
The ChairmanChairmanMinister, please proceed. Hon. Jeanne J. Atherden: I would like to move clauses 9 through 18.
The ChairmanChairmanIt has been moved that clauses 9 through 18 be moved. Are there any objections to that motion? No objection. Agreed to. Hon. Jeanne J. Atherden: Clause 9 provides the Quarantine Authority, after consultation with the Chief Medical Officer, the authority to issue emergency orders during a public health emergency. …
It has been moved that clauses 9 through 18 be moved. Are there any objections to that motion? No objection. Agreed to. Hon. Jeanne J. Atherden: Clause 9 provides the Quarantine Authority, after consultation with the Chief Medical Officer, the authority to issue emergency orders during a public health emergency. The clause empowers the Governor to vary or rescind an order made under this clause. Orders made under this clause are subject to the negative resolution proc edure. The Chief Medical Officer shall report any emer-gency order to the National Focal Point . Clause 10 provides power for the Quarantine Authority, on the advice of the Chief Medical Officer, to issue directives and guidelines for purposes of the i mplementation of the IHR 2005. The clause requires the directives and guidelines issued not to be inconsistent with the Act or regulations made under the Act . Clause 11 provides for offences and procee dings for purposes of the Bill and the regulations and orders made under it. Clause 12 provides for the recovery of expenses and charges that are payable to the Quarantine A uthority and provides for the recovery by the Mi nister of such expenses and charges before a court of summary jurisdiction. Clause 13 provides for the powers and duties of police officers in relation to the Bill. The clause i mposes a duty on every police officer to enforce compli-ance with the provisions of the Bill. A traveller or conveyance operator who is not in compliance may be placed in isolation until a Government Medical Officer determines that his health does not pose a risk of significant harm to public health. Clause 14 provides that the provisions of the Bill will prevail in the case of conflict with the Public Health Act 1949. Clause 15 provides for the application of the Bill in relation to certain armed forces. The clause pr ovides that the Bill shall not apply to a person who is an officer or an employee of any of the naval, military or air forces of Her Majesty; the armed forces of any country within the Commonwealth; or the armed forces of any country designated under section 1(2) of the Visiting Forces Act 1952 (UK). Clause 16 provides for the repeal of the Quarantine Act 1946. T he clause further provides savings for the appointment of any person as a Health Officer who was appointed pursuant to the powers granted under the Quarantine Act 1946. The clause further provides that regulations made under the repealed Act shall also continue in force. Clause 17 provides for consequential amendm ents to the Bermuda Immigration and Protection Act 1956, the Civil Establishment Act 1998, the Customs Depar tment Act 1952, the Marine Board Act 1962, the Public Health Act 1949, and the Government Fees Regulations 1976.
B ermuda House of Assembly Clause 18 provides for the Minister to cause the Act to come into operation on a date or dates as the Minister may determine.
The ChairmanChairmanThank you, Minister. Are there any Members that would like to speak to clauses 9 through 18? There are no Members that would like to speak to clauses 9 through 18. Minister? Hon. Jeanne J. Atherden: I move the Preamble.
The ChairmanChairmanAre we going to move the clauses, 9 through 18? Hon. Jeanne J. Atherden: Oh, sorry, I would like to move clauses 1 through 18, as amended.
The ChairmanChairmanNo, we have already moved all the others, so just 9 through 18 right now. Hon. Jeanne J. Atherden: Sorry.
The ChairmanChairmanIt has been moved that clauses 9 to 18 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [ Gavel] [ Motion carried: Clauses 9 through 18 passed.]
The ChairmanChairmanIt has been moved that — Hon. Jeanne J. Atherden: I now move the . . .
The ChairmanChairmanPreamble? Hon. Jeanne J. Atherden: I now move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objections to that motion? No objections. Agreed to. [ Gavel] Hon. Jeanne J. Atherden: I move that the Bill be r eported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be r eported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [ Gavel] [ Motion carried: The Quarantine Act 2017 was consi dered by a Committee of the whole House and passed with amendments.] House …
It has been moved that the Bill be r eported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [ Gavel] [ Motion carried: The Quarantine Act 2017 was consi dered by a Committee of the whole House and passed with amendments.] House resumed at 3:01 pm [ Hon. K. H. Randolph Horton, Speaker, in the Chair] REPORT OF COMMITTEE QUARANTINE ACT 2017
The SpeakerThe SpeakerHonourable Members, the second reading of the Quarantine Act 2016, amended to 2017, has been approved with amendments. Are there any objections to that? There are none, so the second reading has been approved. Order No. 7 is carried over, I believe. And we now move to Order No. 8, …
Honourable Members, the second reading of the Quarantine Act 2016, amended to 2017, has been approved with amendments. Are there any objections to that? There are none, so the second reading has been approved. Order No. 7 is carried over, I believe. And we now move to Order No. 8, which is the Bermuda Health Council (Health Service Providers) (Licensing ) Regulations 2016 in the name of the Minister of Health and Seniors. So the Chair will recognise the— [ Inaudible interjections]
The SpeakerThe SpeakerOh, this is carried over? [ Inaudible inter jections]
The SpeakerThe SpeakerBoth of these are carried over? [ Inaudible interjection]
The SpeakerThe SpeakerThen we now move to Order No. 10, which is the America’s Cup Amendment (No. 2) Act 2016 in the name of the Minister of Economic Deve lopment, Dr. Grant Gibbons. You have the floor. BILL SECOND READING AMERICA’S CUP AMENDMENT (NO. 2) ACT 201 7
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker . Mr. Speaker, with the Governor’s recommendation, and in accordance with section 36(3) of the Bermuda Constitution, I move that the Bill entitled the America’s Cup Amendment (No. 2) Act 2016 be now read the second time.
The SpeakerThe SpeakerThank you, Minister. 380 3 February 2017 Official Hansard Report Bermuda House of Assembly Are there any objections to that? Please carry on, Minister.
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Mr. Speaker, the purpose of the Bill before the House today is to make various amendments to the America’s Cup Act 2015 (otherwise known as “the principal Act”). The amendments include revised Customs Duty provisions for end use for goods imported for the capital development projects …
Thank you, Mr. Speaker. Mr. Speaker, the purpose of the Bill before the House today is to make various amendments to the America’s Cup Act 2015 (otherwise known as “the principal Act”). The amendments include revised Customs Duty provisions for end use for goods imported for the capital development projects at the Royal Naval Dockyard, provisions for alcohol purchase and consumption in certain public places in the Royal Naval Dockyard during the AC35 [35 th America’s Cup] events in 2017 (that is in May and June of this year), and the introduction of permits and permit fees for visiting vessels during AC35. Mr. Speaker , Honourable Member s will recall that the principal Act makes provision for a waiver of Customs Import Duty on goods for the America’s Cup related capital development at the Royal Naval Doc kyard. This existing duty relief within the Act is free-standing with no administrative provisions of its own. In practice , this has presented administrative pro blems with imported goods that are found to be surplus to the needs for the Dockyard projects which are facil itated by the ACBDA [America’s Cup Bermuda Li mited]. For instance, if 20 steel beams are imported and only 19 are used in the project, currently there is no provision under the existing Act to use the remaining item on another Government project or properly dispose of through other means. So, on the recommendation of Her Majesty’s Customs Department, we seek to amend the Act by including provisions that mirror the existing Customs Procedure Code [CPC] 4210 for goods for Gover nment Capital Expenditure Schemes. CPC 4210 has been successfully tested and benefits from all of the administrative machinery of the Customs Tariff Act 1970 and the Revenue Act 1898 . Her Majesty’s Customs have also recommended that the amendments be made retrospective with effect from the operative date of the America’s Cup Act, which will allow the necessary corrections to entries recorded in the Customs database so that im-ported goods are associated with the new end- use relief. Mr. Speaker , from the 26 th of May 2017 until the end of June 2017 the Royal Naval Dockyard will be bustling with America’s Cup activities. The main events will be held on the water as well as in the Event Village, which will be located on the newly r eclaimed land at Cross Island. It is anticipated that smaller events could also be held in other public areas in the Dockyard. Current tourism event provisions u nder the Liquor Licensing Act only allow licences for a period of up to three days and not the full five weeks requi red for the AC [America’s Cup] event schedule. Therefore, in consultation with the Liquor Licensing Authority a specific America’s Cup Occasional Liquor Licence is proposed to permit the sale of alcohol in the closed off public areas within the Royal Naval Dockyard for the AC35 Finals and events. This is sim ilar to the existing provisions in the principal Act for the sale of alcohol on Front Street without penalty that occurred during the Louis Vuitton World Series in O ctober of 2015. Mr. Speaker, in addition to visitors arriving by air and cruise ship during the 2017 events, it is antic ipated that Bermuda will see an influx of approximately 400 visiting vessels during AC35, with over 80 superyachts confirmed to date. So, in order to prepare for these visit ing vessels , a working group comprised of representatives from the Bermuda Shipping and Maritime Authority, the Marine and Port Services, E nvironmental Protection, Conservation Services, Cus-toms, the Ministry of Finance, and the Ministry of Ec onomic Development were engaged to carry out a thorough review of existing policies and legislative framework for visiting yachts. Considering the tight timeline and the best practice in other jurisdictions, including French Polynesia, New Zealand, Fiji, the Bahamas, and the British Virgin Islands, the group determined that the most effective way to achieve the short -term deliverable was to use the existing Customs process for visiting vessels and develop a mechanism to support chartering for visiting vessels. Mr. Speaker , as Honourable Member s are aware, the global superyacht market has been ident ified as one that has long- term tourism and commercial potential to positively contribute to the Island’s image as an upscale destination as well as stimulate economic activit y and entrepreneurial opportunities through required superyacht operations and services. The 2017 America’s Cup events will provide an opportunity to introduce superyacht owners and charterers to Bermuda and lay the foundation for legacy bus iness that will extend beyond the America’s Cup. Many superyachts engage in seasonal travel between the Mediterranean and the Caribbean. It is hoped that this introduction to Bermuda through the America’s Cup will provide an opportunity for more of this business to come our way. As experience has shown in San Francisco and other America’s Cup host venues, superyachts provide additional accommodation for visitors, on w ater activities , and hospitality services , which will be a critical component of the races. Bermuda has a limited number of charter boats and these will be engaged by normal visitor demand as well as America’s Cup rela ted tourism charters. The anticipated demand for hospitality charters and tours surpasses Bermuda’s inve ntory. All Bermuda charter boats that wish to be included will be busy during the race events. To augment the pool of registered charter boats and to facilitate the arrival of charter -based visitors the Bill will allow for visiting foreign vessels of 12 metres (about 40 feet)
Bermuda House of Assembly or more to be permitted to charter in Bermuda’s w aters on a temporary basis around the events. As is common in other jurisdictions , the Bill also makes pr ovisions for transient permits and cruising permits. The Bill includes the introduction of new permits and permit fees. For a transient permit the fee will be $3 per metre for vessels in Bermuda for up to five days. For a cruising permit , the fee will be $8 per m etre (that is over five days). And for a charter permit where commercial activity is actually involved, the fee will be $8 per metre and 5 per cent of gross charter receipts. These provisions will be in force for visiting vessels during the period one month before the AC35 Finals until one month after the AC35 Finals in place of the passenger departure tax under section 32F of the Miscellaneous Taxes Act 1976. Therefore, depar-ture tax that would have otherwise been paid by pas-sengers in visiting vessels will be suspended during that period in lieu of the charter permit and related fees. The Bill further proposes certai n exemptions from paying passenger departure tax currently exis ting be extended to transient and cruising permits. Specifically, vessels which arrive in Bermuda solely by reason of distress or emergency, vessels belonging to the Government of the United Kingdom or any foreign government, and vessels that are bona fide partic ipants in an event approved by the Minister. The working group recommended that as long as Bermuda accepted a vessel’s charter registration from another jurisdiction Bermuda would not ha ve to create an inspection and licensing process for the vessel’s chartering worthiness, which also includes liability covered. The charter registration and the Ca ptain’s credentials would be submitted as part of the charter permit application. The documents will be scrutinised and approved by the relevant Government department as part of the approval process. This period of foreign vessels chartering in Bermuda’s waters will serve to gauge Bermuda’s abi lity to service superyacht infrastructure needs, the f indings of which will contribute to the establishment of a draft superyacht policy for Bermuda after the Amer ica’s Cup events. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you very much, Dr. Gibbons. The Chair will now recognise the Honourable Member from constituency 33, MP Jamahl Simmons, the Shadow Minister for Economic Development.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker , and thank you to the Honourable Minister for that presentation. Earlier this month I made a comment in the press that surprised some sectors of our community, thrilled some sections of our community, and maybe even distressed other sectors. And that comment that was made …
Thank you, Mr. Speaker , and thank you to the Honourable Minister for that presentation. Earlier this month I made a comment in the press that surprised some sectors of our community, thrilled some sections of our community, and maybe even distressed other sectors. And that comment that was made on behalf of my party was simply this: The Bermuda Progressive Labour Party supports the America’s Cup. We have supported it from the beginning and we support it now. We continue to have con-cerns surrounding the event in terms of it penetrating as deeply as it can to as many people in the comm unity as it can, and we have concerns about the model which has had troubles in previous jurisdictions. Those are our concerns, Mr. Speaker, and while we look at the details of this Bill (and we will talk a little bit more in Committee) we recognise this is an opportunity for Bermuda to showcase ourselves to a key part of our tourism market. It is an opportunity to build a new leg to our tourism economy in the form of superyachts . . . if we get this right. Part of getting this right (and I believe we have confidence that we do have the ability to get this right) is, first —and this is not a political concern, this is a national concern— we must be clear to the people what the America’s Cup is and what it is not. And what do I mean by that? Every Bermudian, I would hazard to guess, knows what a cruise ship means to our economy and they understand that, you know what, I may not be able to go work on the cruise ship, I may not be able to go work in one of the stores on Front Street, but they under-stand the importance to our economy. International business is the same way. The concern that I have on a national level, as a Bermudian, is that the America’s Cup has been pr esented as more than it is and more than what it could be. What do I mean by that? If you are given the i mpression that this is the be- all and end- all and this will solve every problem and everybody will have a job and the economy will be booming, it is not that. If you believe that . . . if you have come to believe that this is something that if you are not working you are guaran-teed to get a job or if you have a business you are guaranteed a contract, it is not that. But it is not us that should be saying it, it should be the Government saying it and being honest about what this is. And then we can begin the conversation of what we can do to build on it. Now, I am encouraged by the signs recently that there is an interest in getting smaller businesses involved in the America’s Cup. I am encouraged with the sense that we are starting to hear more talk about inclusion, even whispered occasionally “diversity,” but we continue to be concerned that this is not reaching as far as it could and it should. And it has not helped, Mr. Speaker, when you hear people who identify themselves as supporting the Government on social media saying to people, If you didn’t get a contract, it’ s because it is your fault, you’re lazy. If you don’t get a job up there . . . if you’re not making money off of it, it’s your fault, you’re lazy. And I would encourage . . . because, you know, every party cannot claim respon-sibility for their supporters . But I would encourage the Government to begin to change the language of their supporters that they know, those supporters that they have contact with, those who are saying these i n382 3 February 2017 Official Hansard Report
Bermuda House of Assembly flammatory things on Facebook, because it is not helping. It is continuing to paint a picture of something that it is not. Mr. Speaker, we look ahead . . . the concessions that are placed within this are substantial, as they have been through all the other Bills, and we u nderstand that and we get that. One of our main arguments has been that we must do all we can to get people onto our shores. And also one of the deter-rents is the cost of coming to Bermuda. So we totally recognise the need for these concessions to assist, not just in the work that has been done at the Amer ica’s Cup Village, the work that is being done by the athletes competing, but also the people who are com-ing in to help with the event. Mr. Speaker, what is, however, a concern that has been brought to me and several of my colleagues are the consultation with the local charter boats and the involvement of the local charter boats. And I am made to understand that the consultation was, perhaps, not as rigorous as it could have been. I am made to understand that many of them are dissati sfied with the approach that has been taken by the Government and feel that they are being excluded and they are not getting a full cut of the pot if they could have a chance to compete fairly. And the issue surrounds, particularly, what are being referred to as “floatels.” The floating hotels that we are giving certain people a right to be able to reside on these boats and do that sort of thing. And they are concerned because, you know, they are saying, Well, the hotel’s not full. We are still saying now that there are still rooms availab le, so you have to worry about the existing businesses here. Are they going to be full? We hope they will be. We have to worry about the charters who have not gotten a charter signed up yet and they are wonder-ing, Well, I have competition coming in but I haven’t signed anybody up for my business yet. And I think it goes back to we must ensure that we are doing due diligence, that Bermudians are taken care of first, that Bermudians are protected first, and that Bermudians benefit from this event first. That is really where we are with this, Mr. Speaker. And also when we talk about not overselling the event, not overhyping the event, we have to make sure that our people are prepared for this event. Not the workers, not the volunteers, not the people who are spectators, but the men and women of the wes tern parishes who will be affected by this event. We need to make sure that our people understand the scope and size of this event so that we do not have issues on the water. This is not like the Non- Mariners [Race]. You cannot just pull up your boat and go watch. I do not know if that message has been ad equately conveyed. I think that we have to adequately convey the security requirements. We have to ade-quately convey to the people what this event is and what to expect. If you compare this to something, say, like the Super Bowl. You know that if the Super Bowl is in Louisiana there is an area around the Dome you cannot get to. You know that traffic will be delayed be-cause of movers. You know this because they are making a very strong effort to minimise the impact, and the economic benefits speak for themselves. We have to ensure, as I wrap up, Mr. Speaker, that we are inclusive, that we are admitting . . . as far as we are honest, and that we are also sure that our people are prepared to benefit from this and are prepared for the consequences, good and disruptive, that will occur during this event. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, MP Simmons. Any other Honourable Member care to speak? The Chair will recognise the Member from constituency 35, MP D. P. Lister. You have the floor. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I rise to my feet basically for clarification. Minister, when …
All right. Thank you, MP Simmons. Any other Honourable Member care to speak? The Chair will recognise the Member from constituency 35, MP D. P. Lister. You have the floor. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I rise to my feet basically for clarification. Minister, when you were on your feet just now giving y our presentation and making reference to the opening up of the ability for the outside charters to come in and do chartering during this period —
The SpeakerThe SpeakerThe Minister, when he was speaking, indicated that . . . and so you speak through the Speaker. Hon. Dennis P. Lister: Thank you, for clarification, Mr. Speaker. I appealed directly to the Minister that time. But I was simply looking for the clarification in that it may just shorten …
The Minister, when he was speaking, indicated that . . . and so you speak through the Speaker. Hon. Dennis P. Lister: Thank you, for clarification, Mr. Speaker. I appealed directly to the Minister that time. But I was simply looking for the clarification in that it may just shorten what I was about to say and would not go on, but my interpretation of what was said was that there is a window that has been allowed for the charters to come in—a month before and a month after. Will they be able to provide chartering service during that extended period before and after? I have a real concern with that, Mr. Speaker, in that you are directly cutting into the competition of Bermudians during the high season. The America’s Cup is from May to June. They come in a month be-fore, which is April, they stay a month later, which is now July, that is the bulk of our sort of summer season in a sense and these foreign vessels will be able to charter their services. What about the local Berm udian when that is the prime time for them . . . making their business? Their livelihood is done during the summer period, not during the off season. So we are right . . . immediately cutting into the livelihood of the Bermudian charter business. End of story. That is what is going to happen. If those boats were allowed to charter during the time of the America’s Cup event, I do not hav e a problem with that. But to give them a month before
Bermuda House of Assembly and a month after is just unacceptable if we want to protect the Bermudians and encourage Bermudian businesses to succeed. This is an opportunity for Bermudian business to hopefully get a little extra business out of this whole America’s Cup, and right away we are pulling the carpet out from under them by now allowing the charter —the foreign charter bus iness —to cater after and before the actual event takes place. That should not be. I have got a real concern with that and it has already been expressed . . . concerns from that industry as to how they already feel like they have been put behind the eight ball. Now I further understand why they have concerns and this is how this thing is being described . . . being set up, Mr. Speaker. And I would encourage the Minister to rethink that particular piece. I do not have a problem, and let me restate it, I and my party do not have a problem with the vessels com-ing here and participating if we are expecting this large increase of persons. I do not have a problem with that. And the emphasis is on “if.” If those bodies actually show up during that period, then we will need the extra service. But if those bodies do not show up, that is a whole different conversation. But the bigger conversation here is the fact that those vessels that do come are going to be al-lowed to service before and after for a whole month on either end when we are not sure that those num-bers . . . when those numbers of persons who should be here during that period, should be catered to by our local Bermudians. That is who should be getting that business, not the foreign entities, during that ex-tended period after and before the event. Thank you.
The SpeakerThe SpeakerAll right. Thank you, MP Lister. The Chair will now recognise the Honourable Member MP Commissiong from constituency 21.
Mr. Rolfe CommissiongThank you, Mr. Speaker, and I share my fellow Member’s caveats about the length of time that these visiting vendors will be a llowed to ply our wat ers. But I want to just take a few minutes to also reiterate, without being repetitious, the call by the Shadow Minister …
Thank you, Mr. Speaker, and I share my fellow Member’s caveats about the length of time that these visiting vendors will be a llowed to ply our wat ers. But I want to just take a few minutes to also reiterate, without being repetitious, the call by the Shadow Minister from [constituency] 33 for what I am going to term what we can learn the lessons, take the right lessons, from the mistakes, I think, “we” have made—particularly the Government here and that Minister—with respect to the America’s Cup not being as inclusive as it could be. And when I say I hope we can learn the lessons, it is because there is a prospect that we could secure the hosting of the Cup, the R egatta, at the next go round, and certainly we do not want to replicate the mistakes we made, particularly as it relates to inclusiveness, and I am going to be more specific (as I always am on this topic) of ensur-ing that black Bermudians are going to be able to par-ticipate meaningfully at all levels of participation in events such as these. I think that some of the bemoaning that we have in the community about a lack of enthusiasm on the part of some Bermudians for the Cup, at least the type of enthusiasm that others were expecting, has been generally because we have not seen a degree of inclusiveness and participation . . . diversity with respect to . . . at all levels of this Cup and what it represents and has to offer economically. So I am hoping that we will see some courage on the other side that once we get through this pr ocess . . . because I think it is too late now for that d ynamic to change much, except along the edges, which is typically Bermudian where you will find that a few blacks that they can put out front and who are going to be able to get a little piece here and little piece there. But in terms of the intrinsic substantive wealth crea-tion, income generation, that this Cup can represent and has represented for significant numbers of Ber-mudians, we need to ensure that for the next go round— if we are so lucky to have it —that those def icits are remedied. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Any other Members care to speak? The Chair will recognise the Leader of the Opposition, MP D. Burt. You have the floor. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, just briefly, I do not want to cover ground which has been covered before, …
Thank you, Honourable Member. Any other Members care to speak? The Chair will recognise the Leader of the Opposition, MP D. Burt. You have the floor. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, just briefly, I do not want to cover ground which has been covered before, I do want to echo the question which came from the honourable dean of the House, MP Dennis Lister, from constit uency 35, where he spoke about the rationale between a month before and a month after and competing with our local persons. I would also like, as we are talking about the America’s Cup and hopefully that . . . because you know that there has been all this conversation about you know the cost of the America’s Cup and how much is it costing us, and you know when we talk about the $77 million it is pushback and it is like, Oh, it’s not that . . . part of that is part of the guarantee, et cetera, but there is information regarding the guarantee that we have not really been that successful in getting the sponsorships which are required to offset that $25 million guarantee. And right now the Government feels that it is going to be about $20 million, which is a significant amount of money when the a nticipation was to get enough sponsorship to cover that fee. So when we are discussing this , I would like . . . I was wondering if the Minister would like to take some time to discuss what the Government plans on doing to lessen that impact on our consolidated fund because $20 million or thereabouts is a significant amount of expenditure especially when we are talking about the challenges which we have to meet in man y 384 3 February 2017 Official Hansard Report
Bermuda House of Assembly different areas when it comes to the Government’s budget, and I think that is something that is certainly concerning. So we know where we are with the Amer-ica’s Cup, the Shadow Minister for Tourism expressed it adequately, that it is not all things to all people and the one thing that we want to make sure is that we are not actually paying through the nose. And it seems as though if . . . that some of these commitments, which in previous times the Minister had indicated that he was confident that we would be able to bring that down significantly, it does not seem to have panned out. And I would like to know what the Government’s plan is in reducing that because right now I do not think we can afford another $20 million. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Leader of the Opposition. Any other Honourable Member s that would care to speak? Then I revert back to the Minister, Dr. Gi bbons.
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker , and I thank Honourable Member s for their comments. Let me see if I can tackle a few of these. And I will start with the broader comments about essentially if we get this right. I think it is fair to say that certainly we …
Thank you, Mr. Speaker , and I thank Honourable Member s for their comments. Let me see if I can tackle a few of these. And I will start with the broader comments about essentially if we get this right. I think it is fair to say that certainly we in the Government, I do not believe, have oversold this at all. I mean, I have used the word “catalyst” on any number of occasions so I think a lot of people are getting tired of my use of the word. And a catalyst means that it actually facilitates something. So in r espect of some of the tourism infrastructure that we have seen that is being d eveloped, the fact that the America’s Cup is coming and that we are going to be exposing a lot more people to the Island, many of which have never been here before, has created a certain amount of confidence in the hotel industry a llowing them to feel that they can put . . . Bermuda will get more exposure—we are getting an incredible amount of international TV exposure out of it —that this will bode well towards future business. And, in fact, that is part of the model. We see this as having a carry through effect in terms of exposure, creating excitement in Bermuda, putting Bermuda in the middle of things. And so I think, I am not sure the Honourable Member was accusing us of overselling it, clearly it is going to have a large economic impact. I do not think we have ever seen a situation where hotels, this far in advance, have been as booked as they are at this particular point for the May and June period. That is not to say that we have 100 per cent occupancy booked across the board. But I think it is fair to say, from what I understand, that hotels have never seen this kind of occupancy this far in advance. I think it is . . . we will have to — [Inaudible interjection]
The Hon. Dr. E. Grant GibbonsIn fact, one of the concerns we have is we are trying to get the message out that we are not fully booked at this particular point because I think some people have been a bit scared off by the fact that we may be. So I think we are …
In fact, one of the concerns we have is we are trying to get the message out that we are not fully booked at this particular point because I think some people have been a bit scared off by the fact that we may be. So I think we are trying to get that communication done properly. One of the really interesting things about this particular event and one of the things that has made it have such a large economic impact, both already and as we get into it, is it is not a one- off. Some of the large golf events we have had— the Grand Slam —are a week. People come a couple of days beforehand then they may stay a couple of days afterwards. But we have had teams that have been here almost since the early part of 2015. They have been renting hous-es, they have been spending money, they have been involved in restaurants, they gotten into communities in schools. The event itself is almost five weeks. And one of the points that the Honourable Member, Mr. Lister , made about why we did not just restrict it to the period is because we are going to have people —teams and sponsors —here in advance of the five weeks and after the five weeks. So the point is we are trying to get as much economic benefit as we can. There is no way that the existing charter industry here has been or will be able to supply all the charter and other hospitality requirements both before and after the events given the teams, visitors, spo nsors and others. Where I have heard complaints it has not been so much about this time, I have had a number of letters for charterers here, and I think it is important for Member s to recognise that we are talking about larger boats here. There are only about a half a dozen boats that are in the category that we are talking about. These are boats over 12 metres, 40 feet and up. Where I have heard concerns is, will this continue —this sort of open period for charters coming in from outside— will it continue after the window of one month before and one month after because there are concerns about competition with the local sector. What I have tried to say to these people, and I think we have tried to explain, is that this particular policy we have in the legislation here is effectively one- off. But we do have a working group which comprises technical officers who are looking at what a charter cruising policy might be after the America’s Cup events. We do not have a policy, a draft policy, yet. That is more complicated and, in fact, our Shipping and Maritime legislation and Customs is a fairly com-plicated system of documents. So I think the concern is . . . this is a one- off, this is to tr y and maximise the opportunity for the one month before, one month after the events. A future policy in terms of how we essen-tially use the opportunity of all the superyachts that are coming and, perhaps, try and maintain or sustain some sort of activity here long term is going to be part
Bermuda House of Assembly of a second policy, which will be a long- term policy, not what we are talking about right now. But I think it is important for people to reco gnise that there are not very many charter boats here that essentially are of the same size and capacity of ones we are talking about. We are talking about superyachts that can be up to 300 or 400 feet. And I think it is interesting because when you look at the spending on something like a 180 foot superyacht, you are looking at a vess el that probably spends about $4 million a year. I had a story that was related to me. It was a superyacht of the Princess ( I will say a few months ago) and their flower bill alone, purchased locally for one week, was $25,000. So in the same way that we get spin- off effects from the cruise ship visitors spending here or overnight hotel visitors, superyachts, just by definition, spend a lot of money. And that has been one of the reasons for many years, I think, we have talked about trying to get more of that Caribbean– Mediterranean traffic to stop off here because it tends to spend a lot of money. The experience in San Francisco and other places has been that the superyacht traffic is very beneficial in terms of the services, the spending that they do while t hey are on- Island because they do not bring everything with them. And a lot of the chartering we are talking about is not so much day chartering, it is visitors that will get on a superyacht, perhaps, somewhere else [and] will fly in and stay on a superyac ht here for a couple of weeks and enjoy all of the facilities of the superyacht itself. So the concern at least that I have had so far has been , What are you doing after the America’s Cup? How will that impact me as a local charterer? And most of the ones that I have heard from have said, This is a huge benefit for us. We plan to do huge business here, but make sure we are consulted in terms of what you do later. And the answer I put to them is , yes, absolutely, that working group and Government will consu lt with them. In terms of the broader issue of whether we are being inclusive enough with small business and I think the broader group of, what I will call, the Berm uda community, I think we are certainly trying. Has it been perfect? No. But I think, as I have said earlier today, you have —
The SpeakerThe SpeakerWhat is your point of order, sir? POINT OF ORDER [Misleading]
Mr. Rolfe CommissiongI believe the Member is misleading the House. I did not make any reference to the broader community. I specifically said black Ber-mudians.
The Hon. Dr. E. Grant GibbonsI am sorry, Mr. Speaker . I am sorry, Mr. Speaker. I think black Berm udians are included in the broader community the last time I looked. If the Honourable Member would say, How do we include the black community? I think that is part of the effort as well. …
I am sorry, Mr. Speaker . I am sorry, Mr. Speaker. I think black Berm udians are included in the broader community the last time I looked. If the Honourable Member would say, How do we include the black community? I think that is part of the effort as well. So I do not think anybody is trying to exclude any part of the community. So I think, as I said earlier on today, one of the efforts, and we recognised this coming out of the World Series Event, which was a very brief event, over three days , is that there is opportunity here for Bermudian entrepreneurs —black Bermudians, white Bermudians —
The Hon. Dr. E. Grant GibbonsOkay. You cannot please all the people all the time, Mr. Speaker . [Inaudible i nterjection]
The Hon. Dr. E. Grant GibbonsOkay, well, I am sure everybody will be complaining one way or anot her. Anyway, I think that the issue is . . . Denise Riviere was out there earlier today, we are trying to make a real effort to . . . working with the Bermuda Economic Development Corporation …
Okay, well, I am sure everybody will be complaining one way or anot her. Anyway, I think that the issue is . . . Denise Riviere was out there earlier today, we are trying to make a real effort to . . . working with the Bermuda Economic Development Corporation and the ACBDA to make sure, through meetings, advice, consultation (and the rest of it) that we are as inclusive as we can be, including black Bermudians as well, in the types of opportunities that should present themselves. Can everybody work in tourism? No. Can everybody work in international business? No. Can everybody benefit from the America’s Cup? No. But I think in the same way that tourism and international business have spin-on effects throughout the community I think the same thing is going to apply here. And I think, Mr. Speaker, you will be aware as other Honourable Member s will be aware, that we have been trying to rejuvenate our tourism product. And I think, from a catalytic perspective and from a visibility perspective, I think the exposure we are getting and the amount of visitors we are getting —people that have never come to Bermuda, people that may never come to Bermuda—we will see a lot of those people in the coming months. So I think the other point that I wanted just to touch on was . . . and by the way there has been quite 386 3 February 2017 Official Hansard Report B ermuda House of Assembly a bit of consultation with local charter boats going way back, at least a year or so. I know that not everybody is always happy , unfortunately, but we are doing our best. In terms of getting the message out about small boats on the water during the events, a colleague of mine reminded me that Ralph Richardson has proba-bly been on the radio at least four times a week every week for a while now talking about what Bermudians need to do as boat owners in terms of these events. Mr. Speaker, I think you were out on the water during the October World Series. We had over a thou-sand local boats out there. It was well organised. We had one lunatic on a jet ski I think, but apart from that , I think everybody else did what they were supposed to do, they were in the requisite areas, and it is going to be no different with respect to these events as well. Some events, particularly the Finals and the Chal-lenger Series Finals, are going to be I think very active out there during the middle of the week. When some of the other events are on , it may not be quite so active. But I think one of the challenges here, and this has been, obviously, a real challenge for the ACBDA, is maintaining the kind of volunteers and the boat owners to help us marshal over, not just a weekend, but over an entire five- week period. So I think maybe the message has not gotten to everybody, but we are certainly trying to get this message across that this is important in terms of the race course and where boats are put. Mr. Speaker, the Opposition Leader, the Honourable Member , raised the issue of the guarantee. I responded to some Parliamentary questions about where we were in terms of the guarantee. I thought I was quite explicit in terms of explaining that we do not have a clear idea of where the offset against the guarantee lies at this stage because many of the sponsorships which have been introduced have performance features to them, they depend on sales, and as a consequence we are not going to really have a clear idea of what those performance features mean and the additional offset until —and we said this from the very beginning— until we get into July of 2017. There are also issues of ticket sales, there are issues of rentals, and there are a lot of other issues that come into this. Frankly, I think we have done very well in terms of offset. No one ever said we would completely cover the guarantee. That was never something that Government said. We always said that we feel that we can claw back some of that guarantee and I think we have done reasonably well so far. I will give, what I would call, a more updated number when we get into the Budget Debate, which I think is the proper place to raise the issue because at that point we will have to, essentially, give an indication of how much we are exposed to or we believe we may be exposed to in terms of the guarantee for the Budget for 2017/18. So during the Ministry of Economic Development debate there will be, I will s ay, a more updated figure pr esented on the offset to the guarantee of $25 million. Mr. Speaker, I think I have hit most of the points. Oh, yes, there was one other point where pe ople were saying the concessions are substantial. The fact of the matter is that when we look at things like charter fees and we looked at cruising fees and permit fees for the superyachts during this period of one month before, one month after, we looked, as I said in my brief, at a lot of other jurisdictions —the Bahamas, Fiji, BVI and others —so we are roughly comparable there. Ours are not necessarily any richer or any more expensive than some of the other jurisdictions. They vary a little bit in terms of how they go about it, but we try to be comparable, because we want to set our-selves up as a jurisdiction which understands what the traffic is and what the usual terms and conditions are for superyachts chartering in local waters. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Dr. Gibbons. Dr. Gibbons, do you want to take us int o Committee?
The SpeakerThe SpeakerThank you. It has been moved that the Bill be committed. Any objections to that? There are none. Deputy, would you please take the Chair [of Committee]? House in Committee at 3:42 pm [ Mrs. Suzann Roberts -Holshouser, Chair man] COMMITTEE ON BILLAMERICA’S CUP AMENDMENT (NO. 2) ACT 201 7
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled America’s Cup Amendment (No. 2) Act 2016. AMENDMENT TO CLAUSE 1
The ChairmanChairmanThere is an amendment to revise the title to America’s Cup Amendment (No. 2) Act 2017. Are there any objections to that proposed amendment? There are no objections to the proposed amendment to change the title of the amendment. It is approved. [ Motion carried: Amendment to clause 1 passed.] …
There is an amendment to revise the title to America’s Cup Amendment (No. 2) Act 2017. Are there any objections to that proposed amendment? There are no objections to the proposed amendment to change the title of the amendment. It is approved. [ Motion carried: Amendment to clause 1 passed.]
Bermuda House of Assembly The Chairman: I now call on the Minister to proceed.
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. I also am going to have an amendment when we get to clause 6, but in the meantime I would like to move clauses 1 through 5.
The ChairmanChairmanAre there any objections to moving clauses 1 through 5? There are no objections. Please proceed.
The Hon. Dr. E. Grant GibbonsThank you. Madam Chairman, as I think we said earlier, this Bill seeks to make a number of amendments to the America’s Cup Act 2015. Clause 1 contains the citation. Clause 2 defines “Dockyard” by reference to the area outlined in red on the plan to be inserted as Schedule …
Thank you. Madam Chairman, as I think we said earlier, this Bill seeks to make a number of amendments to the America’s Cup Act 2015. Clause 1 contains the citation. Clause 2 defines “Dockyard” by reference to the area outlined in red on the plan to be inserted as Schedule 3 to the principal Act. This definition is used in section 9 (as amended) and the new section 9A of the principal Act (liquor licensing). More details for these sections are provided when I get to clauses 4 and 5. Clause 3 repeals and replaces section 6(6) of the principal Act to modify CPC 4210 of the Fifth Schedule to the Customs Tariff Act 1970 (goods for Government capital expenditure schemes) in relation to any building materials, furnishings, fixtures , and equipm ent necessary for capital development projects at the Royal Naval Dockyard approved by the Mini ster. This provides for an end- use provision for all goods imported for the America’s Cup related project in the Royal Naval Dockyard facilitated by the ACBDA on behalf of the Government in preparation for the America’s Cup and includes building materials, float-ing docks, and a number of other infrastructure items. This provision is deemed to have come into operation on the commencement date of the principal Act, which we will get to in clause 7(1). Clause 4 amends section 9 of the principal Act by inserting a new subsection (1A) which provides that if an America’s Cup event licence is granted un-der section 22B of the Liquor Licence Act 1974 for a Bermuda Event which is to be held in Dockyard, it shall not be unlawful for the holder of the licence to sell intoxicating liquor to the public during and at the Event in accordance with the licence. The event or-ganisers are still in the planning stages. It is anticipat-ed that most of the land- based America’s Cup related events will be held in the Event Village. However, a few of the smaller events could be held in closed off areas in the Royal Naval Dockyard, such as the Vic tualling Yard. Clause 5 inserts new section 9A into the principal Act which modifies the effect of the Liquor L icence Act 1974 by providing that it shall be read as if section 22B were inserted. Section 22B provides for a new type of licence, an “America’s Cup event licence” to be granted to the America’s Cup Event Authority, or a person authorised in writing by the America’s Cup Event Authority, to allow sales of intoxicating liquor to persons attending a Bermuda Event in Dockyard for a period during the relevant period between the hours of 10:00 am and 2:00 am daily, at a fee of $100 per day. Certain provisions of the 1974 Act and Form 16 in the Schedule to the Liquor Licence (Forms) Regulations 1974 which apply to a tourism event licence are modi-fied to apply. Existing occasional liquor licences and occasional and a tourism event licence are only appl icable to a one- day event (for an occasional licence) or up to three days for the tourism event licence. This makes provision for a new category of licence for the entire AC35 period of approximately five weeks. Se ction 39B (compulsory TIPS training) is disapplied. Clause 6 —I am sorry, I am going to stop there, Madam Chairman.
The ChairmanChairmanYes, you are. Thank you. Are there any Members that would like to speak to clauses 1 through 5? The Chair recognises the Member from co nstituency 33.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. The Honourable Member —I am referring to clause 3 —with the concessions duties and duty relief already in place, what is the total amount that has been given in relief since the beginning of this pr ocess? And has the Ministry projected forward in terms …
Thank you, Madam Chai rman. The Honourable Member —I am referring to clause 3 —with the concessions duties and duty relief already in place, what is the total amount that has been given in relief since the beginning of this pr ocess? And has the Ministry projected forward in terms of what the total amount of relief will total up to be?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. I do not have that figure. This would be duty relief that would be normally applied to any Gover nment infrastructure project. So, we have not been keeping specific track of it. My sense would be, if you looked at the capital spending, and we can …
Thank you, Madam Chairman. I do not have that figure. This would be duty relief that would be normally applied to any Gover nment infrastructure project. So, we have not been keeping specific track of it. My sense would be, if you looked at the capital spending, and we can probably have a look at that, we would probably get a sense of what the duty offset might be at 22.25 per cent. But I do not have that number and we have not been spe-cifically tracking it to date.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 5? The Chair recognises the Member from constituency 33. Oh, thank you. Are there any other Members that would like to speak to clauses 1 through 5? There are no other Members. 388 3 …
Thank you. Are there any other Members that would like to speak to clauses 1 through 5? The Chair recognises the Member from constituency 33. Oh, thank you. Are there any other Members that would like to speak to clauses 1 through 5? There are no other Members. 388 3 February 2017 Official Hansard Report
Bermuda House of Assembly Minister, if you would move clauses 1 through 5.
The ChairmanChairmanIt has been moved that clauses 1 through 5 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 5 passed as amended.]
The Hon. Dr. E. Grant GibbonsI will move clause 6 specifically because I have an amendment that I wish to make within that —
The ChairmanChairmanMinister, does everyone have a copy of that amendment? The Hon. Dr. E. Grant Gibbons: I have got a whole slew of copies right here on the table.
The ChairmanChairmanOkay. If you would hold on then until everyone has it. Thank you.
The Hon. Dr. E. Grant GibbonsWhy do I not go ahead with clause 6 anyway in the meantime and then we can do the amendment at the end of that?
The Hon. Dr. E. Grant GibbonsOkay. So clause 6 inserts new section 13A into the principal Act. This section introduces a new permit tax for visiting vessels (as defined in the amendment) arriving in Bermuda during the relevant period and in respect of which application must be made for either a transient permit (for visits …
Okay. So clause 6 inserts new section 13A into the principal Act. This section introduces a new permit tax for visiting vessels (as defined in the amendment) arriving in Bermuda during the relevant period and in respect of which application must be made for either a transient permit (for visits not exceeding five days), a cruising permit (for longer visits) or a charter permit for qualifying vessels (as defined in the amendment). Vessels with a charter permit will also be subject to a charter tax of 5 per cent of gross charter receipts during the relevant period. Passenger departure tax under Part VB of the Miscellaneous Taxes Act 1976 will not be charged in respect of visiting vessels. Prov isions of the Miscellaneous Taxes Act 1976 and the Taxes Management Act 1976 are applied in relation to the administration and collection of permit tax and charter tax. Would you like me to proceed now with the amendment?
The ChairmanChairmanIf everyone is comfortable. Is ever yone comfortable with going through with the amend-ment? Please proceed. AMENDMENT TO CLA USE 6
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. I am moving in clause 6 that the America’s Cup Bill 2017 be amended as follows: So, in clause 6, in new section 13A to be i nserted into the principal Act, first of all, in subsection (9) a t the end we are going to …
Thank you, Madam Chairman. I am moving in clause 6 that the America’s Cup Bill 2017 be amended as follows: So, in clause 6, in new section 13A to be i nserted into the principal Act, first of all, in subsection (9) a t the end we are going to insert “or participating vessels.” And then after subsection 9, insert the follo wing new subsection “(9A) Section 11(4) (c) of the Customs Tariff Act 1970” which imposes a surcharge on goods discharged from CPC 5000 of the Sixth Sc hedule to that Act (which is the Business Temporary I mportation Relief part) “ shall not apply in respect of a visiting vessel for which a charter permit is obtained and the charter tax paid in accordance with this sec-tion.” The reason for the amendments is , frankly, it was an omission in the first drafting of this. So for the inclusion of the “or participating vessels,” which is the first amendment I made, the participating vessels which are defined in the amendment are vessels par-ticipating in an AC35 event, are not included in the definition of visiting vessels. The amendment extends the suspension of the passenger departure tax to i nclude participating vessels as well. Otherwise passengers on board participating vessels would have to pay the passenger departure tax. The next amendment, which is the insertion of the new 9A, the reason for that is that Customs is leg-islated to impose a surcharge on any vessels that are temporarily imported for a commercial purpose, for example, those having a charter permit during the 2017 period of AC35 events. The surcharges would be applicable to any vessel being used for commercial purpose, regardless of whether a resident or nonresident is importing the vessel. The amendment will relieve such vessels of the need to pay the surcharge under the CPC 5000. Therefore, no additional fee will be imposed on charter permits, only charter permit fee and 5 per cent of gross revenues. So, we missed that on the first go- round, so we are basically saying that they do not have to pay the surcharge.
The ChairmanChairmanThank you. Does anyone like to speak to the amendment? Bermuda House of Assembly Thank you. The Chair recognises the Member from constituency 35. [Inaudible interjection]
The ChairmanChairmanTo the amendment. [Inaudible interjection]
The ChairmanChairmanOkay. That is fine. I originally asked for the amendment, so if you would like to speak to clause 6 that is fine. Hon. Dennis P. Lister: Thank you, Madam Chairman. Madam Chairman, through you to the Mini ster, Minister when I was on my feet earlier I made reference …
Okay. That is fine. I originally asked for the amendment, so if you would like to speak to clause 6 that is fine.
Hon. Dennis P. Lister: Thank you, Madam Chairman. Madam Chairman, through you to the Mini ster, Minister when I was on my feet earlier I made reference to the extended stay that the charter boats were having after and before the Event. Your r esponse when you got on your feet did not provide much comfort for me, so that is why I am on my feet again. If this is a one- off event for the charter boats, there would not be a need for further study. You come in and said that there is a working group to further study the whole issue, which says to me right away this is not the end of it, these charter boats will be coming back to Bermuda or we will find a mechanism to allow these charter boats to be able to come here again or to continue to ply their business in Bermuda. That is my interpretation of the need for a working group. If it was simply a one- off, there would not be a need for a working group. So I put that on the table up front. If this event is to be successful for these super charter yachts to be here and there appears to be f uture opportunity for it, the opportunity should lie in the hands of Bermudians who say , if there really is an opportunity here, let me partner with one of these superyachts overseas which provides this service and see if, when the need arises for events that are com-ing, I , with my partner from overseas , can come here and ply their larger boat to earn a benefit out of these events that are going to take place in Bermuda. The working group should not be saying, How can I allow these overseas vessels to come to Ber-muda whenever we have these additional events , or any opportunity that exists for it. That is the wrong approach to t his and it is the wrong approach because Government is doing it. Government should just back out of it and allow the local businessman, the local entrepreneur, the local guys who are already chartering in Bermuda with their smaller vessels who say , I can’t provide that larger vessel when that future occasion occurs. But because it was successful this time, I am going to knock on the door of the guy who has the service overseas and say, Can we find a way to make a mechanism work so that when there is a need in Be rmuda for future opportunity, I call you as my par tner, we come in and provide the service and both you and I benefit from it? That is the answer. Government does not need to be saying , We’re going to provide an opportunity for an outside guy to come here whenever there is a need that arises for it. Leave it to the local entrepreneurs, the bus inessmen who have spent their lives, made their livel ihood, catering now to the charter business to be able to say , Wow! Look at this, it was successful. Let me now make the arrangement with whoever it is overseas so that I can benefit from future opportunities. Not Government setting it up for the foreign entity to continue to come here, that is the wrong approach.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 6? The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. I hear what the Honourable Member says and certainly I think he has misunderstood what I was tr ying to expl ain. [Inaudible interjection]
The Hon. Dr. E. Grant GibbonsClearly, clearly, clearly, I think everybody in this House . . . well, ma ybe everybody in this House, believes that there may be a future business where we have more superyachts coming through here. And I think the ter-minology is important here because we are not talking about small …
Clearly, clearly, clearly, I think everybody in this House . . . well, ma ybe everybody in this House, believes that there may be a future business where we have more superyachts coming through here. And I think the ter-minology is important here because we are not talking about small boats here, we are talking about vessels that are 100, 200, 300 feet , by and large. That is what we are talking about when we talk about superyachts here, not something which is 40 feet or 50 feet or whatever. So, I think we have to put that in perspective. What the Government working group is trying to do right now is understand what all the technical pieces are in relation to Customs, we have got the Shipping Registry, we have got a lot of provisions here which essentially affect vessels of that size in Bermuda, and not to mention Customs as well. So one of the issues that we have come across very quickly here— it has been a lot more complicated than we expected— a lot of other jurisdictions have simpl ified this process appreciably, so in order to be able to be competitive in this area, we have to say , Here’s what the policy is. Here’s what you will be required to do. So the technical part needs to come as well. I said quite categorically, when I was wra pping up from the House discussion, that there will be clearly a consultation phase here where we will get together and I have already said this to some of our local charters, there are not very many that are in the size range that we are talking about here. I think there are about half a dozen that even come into this parti c390 3 February 2017 Official Hansard Report
Bermuda House of Assembly ular category and calling them a superyacht may be a bit of an exaggeration, but they do provide super service we know that. So the consultation part is going to be an important part of this. The issue, I think, that the Honourable Member is saying is, Can there be a local partnership here? And the answer is I think there already is. A lot of these superyachts are going to be using local agents, some of them are individuals, some of them are companies, they will need to be able to do a lot of the ground handling and they will also be able to pr ovide and locate the kinds of services that that Honour-able Member was talking about. We will see how that process works in the next few months. And I think one of the reasons we have to come up with what I will call a long- term superyacht strategy, is to some degree this is going to be a bit of a dress rehearsal to understand how that process works. I think we all understand that these are like high-end hotels. These are five- and six -star hotels; the only difference is they float. And so that is the kind of demographic I think we are looking for here, in many respects. And that demographic has a lot of choices, so if we load it up with all kinds of r estrictions, then there is a chance they will simply say, Bermuda is too complicated. So, we are going to have to find a balance here. And I take the Honourable Member’s point that the private sector needs to be involved here, but the private sector also is looking for opportunity here as well. And they are looking for opportunity to provide the kinds of services —everything from flowers, prov isioning, entertainment (you will know that we were looking for musicians for the America’s Cup Event) — so all these things will be part of those services. And as I said before, and perhaps I should not overstate it, these boats spend a lot of money here. I think Ho nourable Member s will be aware of some of the . . . I will just say r eal classy fishing boats that come in here at different times of the year. They spend a lot of money as well. These things are these big fishing boats on steroids, they are much, much bigger, they have a crew, they have got very well- heeled people. A lot o f these are not going to be chartering anyway, they will have guests on board who will be friends of the owners. So, we have got to be able to find a hap-py medium here. So, yes, the Honourable Member is right ins ofar as we would like to be able to put together some sort of a superyacht policy after this period, but the Honourable Member is not correct in saying that this is necessarily the way we will approach it. This is what we felt, in a short time period, was the best way to approach it. We looked at other jurisdictions and this seemed to be a way to go, but clearly we need to do the consultation. I hope that helps. Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 6? The Chair recognises the Member fro m constituency 29. You have the floor. Hon. Zane J. S. De Silva: Thank you. Thank you Madam Chairman. Minister, you talked about this working group several times. My …
Thank you. Are there any other Members that would like to speak to clause 6? The Chair recognises the Member fro m constituency 29. You have the floor. Hon. Zane J. S. De Silva: Thank you. Thank you Madam Chairman. Minister, you talked about this working group several times. My question to you is , Who is on this working group that you talked about a lot today? So i t would be nice to know who this working group is that you are relying on to give you all the information and help that you need. The other question is , have you been in regular consultation with the tour boat association? And are you aware of some of the challenges that they are facing in terms of getting business for tours and things like that during the America’s Cup? My understanding is that , I think you even said it , Minister, and you can correct me if I am wrong, you said that the tour boat operator s in Bermuda are full and fully booked. I understand that not to be the case. In fact, one particular tour boat operator says he does not have anything yet. I do not know if you have had . . . that is why I said that I would be interested to know if you have been talking to the tour boat association and what is happening in that area. So maybe you know a bit more than me and you can give us some enlighten-ment on that. The other question I had for you —
The ChairmanChairmanMember, if you could address your questi ons through me, that would be really appreciated. Hon. Zane J. S. De Silva: Oh, okay, sure, sure. The other thing I wanted to ask you was . . . the locals that are paying fees, spectator fees, to watch the race around …
Member, if you could address your questi ons through me, that would be really appreciated.
Hon. Zane J. S. De Silva: Oh, okay, sure, sure. The other thing I wanted to ask you was . . . the locals that are paying fees, spectator fees, to watch the race around the course, can you give us any indi cation how many are locals that have actually signed up and paid their fees to participate? Do you have any numbers on that?
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 6? Minister?
The Hon. Dr. E. Gr ant GibbonsYes, thank you, Madam Chairman. Let me try and take those questions in order. In the brief that I gave in the House, I explained that the working group was comprised of representatives from the Bermuda Shipping and Maritime Authority, Marine and Port Services, Environmental Protection, Conservation Services, Customs, the …
Yes, thank you, Madam Chairman. Let me try and take those questions in order. In the brief that I gave in the House, I explained that the working group was comprised of representatives from the Bermuda Shipping and Maritime Authority, Marine and Port Services, Environmental Protection, Conservation Services, Customs, the Ministry of F inance, and the Ministry of Economic Development. That is the group that has been working on this parti cBermuda House of Assembly ular piece of legislation. It is probably going to be expanded going forward because the BTA have been quite involved in the whole issue of superyachts and promoting that down the road. So I would suspect that the working group will probably be expanded when we get into, what I will call, post -AC stuff. So, hopef ully that answers that question. With regard to whether local charterers are fully booked or not, I do not have a sense of it com-pletely at this point. What I have been getting are e-mails from people saying that they are, as I explained earlier, absolutely delighted to have the America’s Cup here, they are not concerned about the America’s Cup period. What they are concerned about, as your honourable colleague mentioned earlier, was what happens after that and what is the balance between foreign charterers coming in and local charters. So, I think that is the kind of balance that we are going to have to sort out. I think there has been a lot of consultation, as I understand it, with the local charter group. I have certainly had conversations , and some of my co lleagues have as well. I would say it was pretty clear to us and it is pretty clear to most people that we do not have sufficient charter boats here of a sufficient size to be able to handle the demand that is going to be out there. And do not forget what we are talking about here is . . . with this piece of legislation, are vessels over 12 metres, 40 feet. So there are only about a half a dozen that are actually in that category. I cannot speak because I have not been directly involved in the conversations with the smaller charterers, but I know the ACBDA has, and they have had conversations with them. So, that is the best I am going to do.
The Hon. Dr. E. Grant GibbonsIn terms of the fees for the ticket sales, they have been going pretty well. I do not have up- to-date numbers with me right now, but as you know Bermudians get, or residents get, about 50 per cent off of the ticket fee in most cases.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 6? The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: Thank you, Madam Chai rman. Minister, you just said that there are not many in that length, in other words, the …
Thank you. Are there any other Members that would like to speak to clause 6? The Chair recognises the Member from constituency 29.
Hon. Zane J. S. De Silva: Thank you, Madam Chai rman. Minister, you just said that there are not many in that length, in other words, the large tour boats. And, of course, I am glad you said that because I think we are all fairly aware of that, that there is only a lim-ited supply of these larger vessels in Bermuda. But I implore you, being as you have said yourself there are only about six or seven in Bermuda, I implore you to reach out to them and find out what is going on b e-cause they are not fully booked, as you may have been told. They are not. And I think that is a tragedy, that here we have America’s Cup, you have got all these people coming to Bermuda, it is going to be an event that is going to be held on the water, you are going to have tourists —hopefully —in huge numbers in Bermuda to watch this, and yet we have our tour boat operators that are saying that they are not fully booked for it and some of them say they have very little. It is very, very hard to understand that. So I would certainly suggest you check that. Now, Minister, let me ask you, are you aware that some of these tour boats, charter boats, can . . . they are allowed to purchase an amount of tickets, an allotted amount of tickets? In other words, you are probably aware of it, but as far as I understand it charter boat 8 says, Listen, America’s Cup people, I’d like to sort of put my boat on the market for rental to have some visitors watch the America’s Cup. They th en can go on and they are allowed so many tickets per boat. Say your boat takes 50 people— well, here you go, you have 50 tickets. You can then go out and sell those 50 tickets at a price. Not everybody has been given that same advantage. Are you aware of t hat, Minister? So, in other words, some tour operators are getting the advantage of the tickets and they go on and sell the tickets to their customers.
[Inaudible interjection]
Hon. Zane J. S. De Silva: No, not scalping them, no, no, I do not think it is scalping them, but they . . . some people, I have been told, some people are in an advantageous position in that they are getting tickets and they are able to sell them on where some of the tour operators are not.
The ChairmanChairmanThank you, Member. Are t here any other Members that would like to speak to clause 6? The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsI think it might be useful if I have a conversation with the Honourable Member afterwards because there are plenty of tic kets that are still available. So I am not sure what the advantage is here. There are packages that the America’s Cup Event Authority had with some of …
I think it might be useful if I have a conversation with the Honourable Member afterwards because there are plenty of tic kets that are still available. So I am not sure what the advantage is here. There are packages that the America’s Cup Event Authority had with some of the boats that they have sort of essentially worked with, superyachts coming in who want to be on the course, and there is a limited number of spaces for those, which obviously cost them something. So I am not sure if that is where you are going or not, but in terms of the Event Village and other stuff, we should have a chat afterwards because I think, obviously, w e want this to be a level playing field, and I am not sure ex-actly what you are referring to specifically. I mean, there may be people out there that are buying up some of the grandstand seats — 392 3 February 2017 Official Hansard Report
Bermuda House of Assembly Hon. Zane J. S. De Silva: No, no, no, this is only boats.
The ChairmanChairmanOkay. Perfect. Are there any other Members that would like to speak to clause 6? The Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. Just a question for the Honourable Minister. Many of these vessels in other jurisdictions require land-based support staff. Have there been any indic ations that they will be requiring land- based support staff in Bermuda? If so, how many? What job catego-ries will be available? …
Thank you, Madam Chai rman. Just a question for the Honourable Minister. Many of these vessels in other jurisdictions require land-based support staff. Have there been any indic ations that they will be requiring land- based support staff in Bermuda? If so, how many? What job catego-ries will be available? And is there any effort to try to make sure that we get Bermudians into these pos itions? Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. My understanding is that we are going to deal with these boats in the same way we do with cruise ships. So there will be a manifest of people working on them, they will be vetted by Customs, they will be vetted by Immigration, obviously, but …
Thank you, Madam Chairman. My understanding is that we are going to deal with these boats in the same way we do with cruise ships. So there will be a manifest of people working on them, they will be vetted by Customs, they will be vetted by Immigration, obviously, but we are not going to be going through the work permit process in the same way we do not go through the work permit pr ocess for cruise ships. If there is a need for people on the ground, maybe through agents and things of that sort, I am sure that could potentially be an opportunity. But I think most of it is going to be dealt with through a crew coming in. There may be a change of crew while the vessel is here if it is here for a longer period of time, but they will be dealt with in the normal Immigration procedures.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 6? The Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsOkay, Madam Chairman, I am appreciative to the Honourable Minister for a nswering that. The reason why I am asking is because there has been, in the community, talk that Helm Events specifically will be looking for Bermudians. And whether that is people hopeful for opportunities, whether that is just …
Okay, Madam Chairman, I am appreciative to the Honourable Minister for a nswering that. The reason why I am asking is because there has been, in the community, talk that Helm Events specifically will be looking for Bermudians. And whether that is people hopeful for opportunities, whether that is just chatter, if the Ministry c ould verify that the people that you know are coming, if they need anybody on -Island and work out a process because, as you know, many people are looking for work and if opportunities are available, earlier is better than later . Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. We would be, obviously, very supportive of that because I think we are trying to, as we said earl ier, make sure the opportunities get spread around.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 6? If there are no other Members, I turn to the Minister to have clause 6 approved as amended.
The ChairmanChairmanThank you. It has been moved that clause 6 be approved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Amendment to c lause 6 passed]
The Hon. Dr. E. Grant GibbonsThank you. I now move clause 7, and clause 7 effectively provides for the commencement, and it is in two parts. The first part is, as we said, the Customs amendments will go back to the original coming into operation of the America’s Cup Act on the 20 Febr uary …
Thank you. I now move clause 7, and clause 7 effectively provides for the commencement, and it is in two parts. The first part is, as we said, the Customs amendments will go back to the original coming into operation of the America’s Cup Act on the 20 Febr uary 2015 and the remaining parts of the Bill will come into operation when they are gazetted.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 7? There are no Members that would like to speak to clause 7. Minister?
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. I move clauses 1 through 7 as amended. Bermuda House of Assembly The Chairman: It has been moved that clauses 1 through 7 be approved as amended. Any objections to that m otion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 to 7 passed as …
The ChairmanChairmanIt has been moved that the Bill be r eported to the House as amended. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The America’s Cup Amendment (No. 2) Act 2017 was considered by a Committee of the whole House and passed with amendments.] House resumed …
It has been moved that the Bill be r eported to the House as amended. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The America’s Cup Amendment (No. 2) Act 2017 was considered by a Committee of the whole House and passed with amendments.]
House resumed at 4:14 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
AMERICA’S CUP AMENDMENT (NO. 2) BILL 2017
The SpeakerThe SpeakerMembers, the second reading of the America’s Cup Amendment (No. 2) Act 2016, amended to 2017, has been approved. Any objections? We will move on now to the next Order, which is the second reading of the Summary Offences Amendment Act 2016 in the name of the Minister of Health …
Members, the second reading of the America’s Cup Amendment (No. 2) Act 2016, amended to 2017, has been approved. Any objections? We will move on now to the next Order, which is the second reading of the Summary Offences Amendment Act 2016 in the name of the Minister of Health and Seniors. And the Chair will recognise the Minister of Health and Seniors, Minister Atherden.
BILL SECOND READING
SUM MARY OF FENCES AMENDMENT ACT 2017
Hon. Jeanne J. Atherden: Mr. Speaker, I move that the Bill entitled the Summary Offences Amendment Act 2016 be now read the second time.
The SpeakerThe SpeakerThank you. Are there any objections to that? Carry on, Minister. Hon. Jeanne J. Atherden: Mr. Speaker, in December 2015 this Honourable House passed the Tobacco Control Act 2015 which came into operation on the 31 July 2016. The primary intent of the Act was to protect children from smoking …
Thank you. Are there any objections to that? Carry on, Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, in December 2015 this Honourable House passed the Tobacco Control Act 2015 which came into operation on the 31 July 2016. The primary intent of the Act was to protect children from smoking and it further implemented some of the obligations of the 2003 World Health O rganisation (WHO) Framework Convention on Tobacco Control (FCTC) in Bermuda. Mr. Speaker, the Tobacco Control Act 2015 prohibits the sale of cigarette products, tobacco prod-ucts, smokeless tobacco products or rolling papers to persons who have not obtained the age of 18 years and it is the primary piece of legislation establishing controls over tobacco advertising, promotion, sale, and use. Mr. Speaker, it was discovered that the Summary Offences Act 1926 did not undergo a cons equential amendment last December when the new tobacco laws were made. Such treatment was neces-sary because the Summary Offences Act 1926 con-tained a provision that restricts tobacco sales, but only to persons younger than 16. It is proposed that this provision is repealed so that there is clarity that the sale of cigarettes to minors is unlawful. Mr. Speaker, the Summary Offences Act 1926, as amended, no longer contains a provision that restricts tobacco sales to persons younger than 16. The Tobacco Control Act 2016 is now the sole Act that prohibits the sale of cigarette products, tobacco products, smokeless tobacco products or rolling papers to persons who have not obtained the age of 18 years.
The SpeakerThe SpeakerThat is it? Thank you, Minister. A re there any other Members that would care to speak? The Chair will recognise the Learned Member from constituency 34, MP Kim Wilson.
Ms. Kim N. WilsonThank you, Mr. Speaker . As the Minister indicated this is simply hous ekeeping and it is addressing legislation that was passed and consequential amendments, and the spirit and intent of the legislation is something that we sup-port and is laudable and we support the legislation with no opposition. 394 …
Thank you, Mr. Speaker . As the Minister indicated this is simply hous ekeeping and it is addressing legislation that was passed and consequential amendments, and the spirit and intent of the legislation is something that we sup-port and is laudable and we support the legislation with no opposition. 394 3 February 2017 Official Hansard Report B ermuda House of Assembly Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair . . . any other Member care to speak? Then, Minister? Hon. Jeanne J. Atherden: I move that the Bill be committed.
The SpeakerThe SpeakerAll right. Thank you. It has been moved that the Bill be committed. Are there any objections to that? There are none, so I would like to ask that the Deputy [Speaker] please take the Chair [of Committee]. House in Committee at 4:18 pm [ Mrs. Suzann Roberts -Holshouser, Chair …
The ChairmanChairmanMembers , we are now in Committee of the whole House for further consideration of the Bill entitled the Summary Offences Amendment Act 2016. AMENDMENT TO CLAUSE 1
The ChairmanChairmanWe will revise or amend that title with the approval of the House, of course, to the Summary Offences Amendment Act 2017. If there is no objection to this amendment, we will proceed. There is no objection. [ Motion carried: Amendment to clause 1 passed.]
The ChairmanChairmanMinister, you have the floor. Hon. Jeanne J. Atherden: Madam Chairman, this Bill seeks to remove the offence of, and the defence to, selling or permitting the sale of cigarettes to any person under 16 years of age from the Summary Offences Act 1926 as the offence and defence conflict …
Minister, you have the floor. Hon. Jeanne J. Atherden: Madam Chairman, this Bill seeks to remove the offence of, and the defence to, selling or permitting the sale of cigarettes to any person under 16 years of age from the Summary Offences Act 1926 as the offence and defence conflict with section 22 of the Tobacco Control Act 2015. Madam Chairman, I wish to move all the clauses together.
The ChairmanChairmanAre there any objections to moving clauses 1 and 2? There are no objections. Minister, please proceed. Hon. Jeanne J. Atherden: Clause 1 is the title of the Bill, as amended to the title of 2017. Clause 2 repeals the offence of selling or permitting the sale of cigarettes to …
Are there any objections to moving clauses 1 and 2? There are no objections. Minister, please proceed. Hon. Jeanne J. Atherden: Clause 1 is the title of the Bill, as amended to the title of 2017. Clause 2 repeals the offence of selling or permitting the sale of cigarettes to a person under 16 years of age and the defence to committing that of-fence.
The ChairmanChairmanThank you. Are there any Members that would like to speak to either clause 1 or 2? There are no Members that would like to speak to clauses 1 or 2. Minister? Hon. Jeanne J. Atherden: I move the Preamble.
The ChairmanChairmanWe will move the clauses. Hon. Jeanne J. Atherden: Sorry, I move clauses 1 and 2. The Chairm an: It has been moved that clauses 1 and 2 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [ Gavel] [ Motion carried: Clauses 1 …
We will move the clauses. Hon. Jeanne J. Atherden: Sorry, I move clauses 1 and 2. The Chairm an: It has been moved that clauses 1 and 2 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [ Gavel] [ Motion carried: Clauses 1 and 2 passed as amended.] Hon. Jeanne J. Atherden : I move the Preamble. The Chai rman: It has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [ Gavel] Hon. Jeanne J. Atherden: I move that the Bill be r eported to the House as amended.
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 Summary Offences Amendment Act 2017 was considered by a Committee of the whole House and passed with amendment.] House resumed at …
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 Summary Offences Amendment Act 2017 was considered by a Committee of the whole House and passed with amendment.] House resumed at 4:20 pm
B ermuda House of Assembly [Hon. K. H. Randolph Horton, Speaker, in the Chair] REPORT OF COMMITTEE SUMMARY OFFENCES AMENDMENT ACT 2017
The SpeakerThe SpeakerThe second reading of the Summary Offences Amendment Act 2016, amended to 2017, has been approved. Are there any objections to that? There are none so we will . . . that matter has passed so we will move now to the next Order. Order No. 12 is carried over, …
The SpeakerThe SpeakerAll right. Order No. 12. I recognise the Minis ter of Health and Seniors. If I can get a Bill, please, someone? All right, thank you. Hon. Jeanne J. Atherden: There are so many of these little booklets.
The SpeakerThe SpeakerI have a copy of the Bill right here, if you would like it, Honourable Minister. Would you just take this to the Minister, please? All right. It looks like the Deputy is taking it. Okay. BILL SECOND READING BERMUDA HOS PITALS BOARD AMENDMENT ACT 201 7 Hon. Jeanne J. …
I have a copy of the Bill right here, if you would like it, Honourable Minister. Would you just take this to the Minister, please? All right. It looks like the Deputy is taking it. Okay. BILL SECOND READING BERMUDA HOS PITALS BOARD AMENDMENT ACT 201 7 Hon. Jeanne J. Atherden: Mr. Speaker, I move that the Bill entitled the Bermuda Hospitals Board Amendment Act 2016 be now read the second time.
The SpeakerThe SpeakerThank you, Minister. Any objections to that? Minister, please carry on. Hon. Jeanne J. Atherden: Mr. Speaker, the intent of this Bill is to enable the Board to be allocated in three distinct sections and it is a very simple Bill, Mr. Speaker .
The SpeakerThe SpeakerThat is it? Hon. Jeanne J. Atherden: Yes. The members will be appointed in three distinct sections; that is all it is.
The SpeakerThe SpeakerThree distinct sections, okay. Hon. Jeanne J. Atherden: And it is designed to pr ovide the continuity of the Board so that all of the Board appointments do not expire at the same time.
The SpeakerThe SpeakerOh, I see. I see. All right. The Chair will recognise the Oppos ition spokesperson for Health, the Learned Member Kim Wilson. You have the floor.
Ms. Kim N. WilsonThank you, Mr. Speaker . We have no objections on this side. We recognise it is . . . obviously we wish to ensure that the Board has continuity. It would be a shame if they all resigned or retired all at the same time, it would leave nobody there. …
Thank you, Mr. Speaker . We have no objections on this side. We recognise it is . . . obviously we wish to ensure that the Board has continuity. It would be a shame if they all resigned or retired all at the same time, it would leave nobody there. So we do not object to this piece of leg-islation. Thank you.
The SpeakerThe SpeakerThank you. Any other person care to speak? Minister, then? Hon. Jeanne J. Atherden: I move that the Bill be committed.
The SpeakerThe SpeakerThank you. It has been moved that the Bill be committed. There are no objections so I will ask that the Deputy [Speaker] please take the Chair [of Committee]. House in Committee at 4:24 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILLBERMUDA HOSPITALS BOARD AMENDMENT ACT 201 7
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled the Bermuda Hospitals Board Amendment Act 2016. AMENDMENT TO CLAUSE 1 The Cha irman: We look to propose an amendment to the title, changing the title to the Bermuda Hospitals Board Amendment Act …
Members, we are now in Committee of the whole House for further consideration of the Bill entitled the Bermuda Hospitals Board Amendment Act 2016. AMENDMENT TO CLAUSE 1 The Cha irman: We look to propose an amendment to the title, changing the title to the Bermuda Hospitals Board Amendment Act 2017. Any objections to that amendment? No objection. Agreed to. [ Gavel] [ Motion carried: Amendment to clause 1 passed.] 396 3 February 2017 Official Hansard Report
Bermuda House of Assembly The Chairman : I call on the Minister.
Hon. Jeanne J. Atherden: Madam Chairman, I move clauses 1 and 2. And in clause 1, I will be indicating that the title will be changed to the Bermuda Hospitals Board Amendment Act 2017.
The ChairmanChairmanWe have just actually amended the title. So move on without that amendment. Hon. Jeanne J. Atherden: I am sorry. Good.
The ChairmanChairmanAre there any Members that would like to speak . . . well, let us hear about clauses 1 and 2 first. Hon. Jeanne J. Atherden: All right. Clause 1 is the citation; it amends the Berm uda Hospitals Board Act to the Bermuda Hospitals Board Amendment Act 2017. Clause …
Are there any Members that would like to speak . . . well, let us hear about clauses 1 and 2 first.
Hon. Jeanne J. Atherden: All right. Clause 1 is the citation; it amends the Berm uda Hospitals Board Act to the Bermuda Hospitals Board Amendment Act 2017. Clause 2 amends section 4 of the Bermuda Hospitals Board Act 1970 and it is amended by a sub-stitution in subsection (2) by deleting all the words from “hold” to the end, and substituting “, during the Minister’s pleasure, hold office for a term of up to three years from the date upon which such appoint-ment took effect, and may be reappointed once for a term of up to three years”; and in subsection (2A) by deleting “one half” and substituting “one third.”
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 and 2? There are no Members that would like to speak to clauses 1 and 2. Minister? Hon. Jeanne J. Atherden: I would like to move that clauses 1 and 2 as amended be approved.
The ChairmanChairmanIt has been moved that clauses 1 and 2 be approved as printed. Are there any objections to that motion? [Inaudible interjection]
The ChairmanChairmanThe title is amended. We have not . . . we will do that in a minute. Thank you. [Gavel] [Motion carried: Clauses 1 and 2 passed.]
The ChairmanChairmanPlease proceed. Hon. Jeanne J. Atherden: I would like to move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel]
The ChairmanChairmanReport to the House. Hon. Jeanne J. Atherden: I would like to have the Bill reported to the House as amended.
The ChairmanChairmanThank you. It has been moved that the Bill be reported to the House as amended. Any objections to that motion? No objection. Agreed to. [Gavel] [Motion carried: The Bermuda Hospitals Board Amendment Act 2017 was considered by a Commi ttee of the whole House and passed as amended.] House …
Thank you. It has been moved that the Bill be reported to the House as amended. Any objections to that motion? No objection. Agreed to. [Gavel] [Motion carried: The Bermuda Hospitals Board Amendment Act 2017 was considered by a Commi ttee of the whole House and passed as amended.]
House resumed at 4:27 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
BERMUDA HOSPITALS BOARD AMENDMENT ACT 2017
The SpeakerThe SpeakerMembers, the second reading of the Bermuda Hospitals Board Amendment Act 2016 has been approved as amended to 2017. Any objections? The reading is approved. We now move to the second reading of the Land Title Registrar (Recording of Documents) Act 2016 in the name of the Minister of Public …
Members, the second reading of the Bermuda Hospitals Board Amendment Act 2016 has been approved as amended to 2017. Any objections? The reading is approved. We now move to the second reading of the Land Title Registrar (Recording of Documents) Act 2016 in the name of the Minister of Public Works. The Chair will recognise Minister Cannonier. You have the floor.
BILL
SECOND READING
LAND TITLE REGISTRAR (RECORDING OF DO CUMENTS) ACT 201 7
Hon. L. Craig Cannonier: Thank you, Mr. Speaker . I move that the Bill entitled Land Title Regi strar (Recording of Documents) Act 2016 be now read the second time.
Bermuda House of Assembly The Speaker: Are there any objections? Carry on, please.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker . I rise to introduce the Bill entitled the Land Title Registrar (Recording of Documents) Act 2017. Currently, Mr. Speaker, information concer ning lan d is held in many different departments. Copies of unregistered deeds are kept by the Registry General and judgments relating to property are recorded in the Causes Book held by the Supreme Court. The aim of this Bill is to bring all the scattered informat ion together to create a one- stop shop for property information. The primary objective of the i ntroduction of the Bill is: 1. To combine and transfer all historical information concerning land and propert y which is currently stored and dealt with at the Registry General and the Supreme Court to the Land Title Registry Office (LTRO). 2. The LTRO will create and maintain an electronic registration system for all deeds and documents currently held by the Registry General and the jud gment register for information held in the Causes Book. The due diligence process will be simplified if all the historical landholding information is maintained by the LTRO on one system. Having all property title infor-mation held by one source will facilitate the economic and efficient execution of transactions affecting inter-est in land. It will also facilitate the introduction of land title registration and eventually allow all property transactions to be conducted electronically. Mr. Speaker, the effect of introducing the Bill will be such that deeds and property -related judgments will be deposited with the LTRO. Once a regis-ter is created the information will be held online and easily accessible to the public. It will not be necessary to keep the information in paper format. It will no longer be necessary for stakeholders to attend the office to carry out a property search. However, if a stak eholder needs to do a personal search, the system will still offer that. Thus the Registry General’s mandate for the recording of deeds relating to land will cease. Mr. Speaker, there will be no comprehensive reform of property law prior to implementation of this Bill. The Bill will be implemented to operate within the framework of existing land law. Mr. Speaker, land is a bankable asset for our country , any country. It will progressively draw in i nvestment and build the confidence of businesses and individuals to participate in development of the econ-omy and the country. This is why it is important here that the Government develops a land registration sy stem which will house all information that affects the title of a property. Having a comprehensive system to record landholdings will also assist the Government and the public alike. Mr. Speaker, for example, accurate, up- todate details on a register will help utility companies locate properties and facilitate dealings with other authorities or organisations, parish councils, the Berm uda Housing Corporation, the National Trust, churches, and government departments. The Government will be able to use statistical data from the register to o btain a very accurate picture of land ownership in Ber-muda, for example, the amount of land owned by Bermudians, non- Bermudians, companies, and breakdowns of land ownership in each parish. It is proposed that the LTRO charge the same fee previously charged by the Registry General for recording the deeds and other information. And so, Mr. Speaker , in conclusion I am seeking approval of the House to introduce the Land Title Registrar (Recording of Documents) Act 2017 to th e Legislature. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Minister Ca nnonier. The Chair will now recognise the Shadow Minister for Works, D. P. Lister. You have the floor. Hon. Dennis P. Lister: Thank you, Mr. Speaker . Mr. Speaker, much of what has been done today has really been housekeeping work and it has …
All right. Thank you, Minister Ca nnonier. The Chair will now recognise the Shadow Minister for Works, D. P. Lister. You have the floor.
Hon. Dennis P. Lister: Thank you, Mr. Speaker . Mr. Speaker, much of what has been done today has really been housekeeping work and it has been a very quick process. The Minister got up and read his document and the Shadow Minister got up and basically agreed that we are in favour of the legi slation as it has been tabled. This mat ter, Mr. Speaker, really is no different. We clearly understand the need for the legislation. We clearly understand the process. Mr. Speaker, as you would know, the creation of the Land Title Registry actually started under the PLP Government, so we are pleased to see that we are now moving forward with it. So we cannot object or be opposed to what has been presented today. However, Mr. Speaker , however, let me pause a little and just express concern. And the concern is, Mr. Speaker, not against the Bill itself or the intent of the Bill, the legislation. The concern is about the length of time it has taken for this to progress for-ward. Mr. Speaker, this actually followed me in two ministries. I was the Minister of Environment and it sat under the Ministry of the Environment in its early days; and later on when I became the Minister of Works, it was in the Ministry of Works. So that time span goes back to the early 2000s, Mr. Speaker. And the intent was never for it to have taken this long to be up and running. So, Mr. Speaker , the concern is what is the delay? I just want to read one document I have in front of me and the document reads: “A revolution in Ber-muda property —
398 3 February 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: Yes, yes, well, what is that document there, Honourable Member ?
Hon. Dennis P. Lister: The document, Mr. Speaker , is actually from one of the law firms, Mr. Speaker —
The SpeakerThe SpeakerYes? Hon. Dennis P. Lister: — in reference to support —
The SpeakerThe SpeakerFrom? Hon. Dennis P. Lister: —in reference to the Land Title Registry.
The SpeakerThe SpeakerFrom one of the law firms? Hon. Dennis P. Lister: From a law firm, one of the local offices.
The SpeakerThe SpeakerFrom a law firm? [Laughter] Hon. Dennis P. Lister: I really do not want to name the law firm . . . if I can go without reading it.
The SpeakerThe SpeakerCarry on, Honourable Member . Hon. Dennis P. Lister: Well, Mr. Speaker , the doc ument basically refers to the fact that a revolution in Bermuda property law is to occur. It says that the Land Title Registry Act that was passed in 2011 would basically give a new dimension …
Carry on, Honourable Member . Hon. Dennis P. Lister: Well, Mr. Speaker , the doc ument basically refers to the fact that a revolution in Bermuda property law is to occur. It says that the Land Title Registry Act that was passed in 2011 would basically give a new dimension to how transactions are done and conveyed in property, real estate, here in Bermuda. It goes on to say, Mr. Speaker , that . . . and again the document is from 2012, it goes on to say that the Act is not in force yet and that seem ingly the only thing that was keeping it from being enforced at that point was that it had to . . . the consultation, let me put it that way, with the legal fraternity was still what was needed to be done and we would then see this up and running. The document, that paragraph in this doc ument, then concludes by saying the expectation would be that it would be up and running by the end of 2012 or the beginning of 2013. That was the timeline that they were looking at, Mr. Speaker . But the key point that I want to raise here, Mr. Speaker , is that what they saw —and this is coming out of one of the law firms —is that the consultation with the legal professionals was the hold up, as they saw it, and that had to be done. Mr. Speaker, we are now five years later f rom that document. That document was done in 2011/12 and we are now in 2017 and it is still not implemented. My question to the Minister and to Government is, are we still being . . . is this legislation . . . is this registry which is vitally important to Bermuda because of the type of ease that it is going to give to the average cit izen to be able to track and do the conveyance of properties, et cetera, et cetera, all the stuff that the Minister said on his feet we all agree with . . . we all agree with t hat, Mr. Speaker , is that being delayed still because of the legal fraternity? That is my question. That is my question. And let us put . . . let us grab the bull by the horns and accept where the problem is and it is too long, it has been far too long for us to continue to go down this road and let the legal fraternity hold this country back because that is what is being done, Mr. Speaker . Mr. Speaker, and we have lawyers who sit there, we have the Attorney General who sits there, I think it is high time for the Attorney General , Mr. Speaker , to get his people in line—meaning the legal fraternity —because he is a lawyer. It is time for him to say it stops here. As the head lawyer in this country and as the Attorney General, his Government is trying to get this group, not with opposition from us, for this side is agreeing with it. The people in Bermuda are in agreement with this because they see the benefit from it. But it is being stopped by the legal fraternity and it cannot continue, Mr. Speaker . It cannot continue. So my plea is to the Government to put pressure, apply the pressure where it is required, to make sure the legal fraternity falls in line with this because it is too long . . . it is too long. And I said, this started, the conversation, while I was the Minister of the Env ironment. That had to be 2002, 2003, sometime back then. Now, all this time later, the same group that was identified to be holding this thing up is still holding it up. It is not like there have been new issues that have been created. It is not like there are new stumbling blocks that have come up. It is that same fraternity, the legal fraternity, that is causing the issue here and this cannot continue like this, Mr. Speaker . Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 6, MP Wayne Furbert. You have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker . I heard my colleague say that the legal fraternity is holding this up and I will not disagree …
All right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 6, MP Wayne Furbert. You have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker . I heard my colleague say that the legal fraternity is holding this up and I will not disagree totally, but I will say that the group that is holding them up has to be Cabinet. The Cabinet makes the decision on where we move, it is not going to listen to any legal fraternity. The buck stops right there with the Premier and his Cabinet, the 12 disciples. So it is not about running around and making up some questions about what other lawyers think. They will not accept the America’s Cup I just heard a few minutes ago, so except for the title . . . that they have not moved ahead for the land registry.
Bermuda House of Assembly So this document itself just transfers one’s records to the other. I do not see anything fantastic about that. We have not really moved ahead. But what I would like to ask the Minister is why are the forms — Form A, B, and C —and then the Schedule 2, so much different? Why are we . . . why do we not have the same information running through . . . required by all the different forms? I just want some clarification on that. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 19—
The SpeakerThe SpeakerSeventeen, sorry, MP Walton Brown.
Mr. Walton BrownThank you , Mr. Speaker . Mr. Speaker, this is an incremental painfully slow process toward getting something that is very simple and straightforward into operation. You would know that even though it may seem to be an innoc uous piece of legislation it is enveloped in a great deal …
Thank you , Mr. Speaker . Mr. Speaker, this is an incremental painfully slow process toward getting something that is very simple and straightforward into operation. You would know that even though it may seem to be an innoc uous piece of legislation it is enveloped in a great deal of controversial, some might say, illegal actions of past decades. This, Mr. Speaker, the Land Title Registry is a critical link in addressing part of the issues related to the historic theft of property in this country. And the question gets posed, why is it taking so long? B ecause there are powerful forces in this country who do not want to see a Land Title Registry in place. A Land Title Registry, first of all, would take away significant revenue from the legal fraternity because you would no longer need to pay lawyers to do a title search. You will go online and see it at the Land Title Registry. So if you want to understand why we are moving at a snail’s pace, that is it, this is the rea-son why. Secondly, there are members in the legal fr aternity who are complicit in putting together fraudulent documents —
An Hon. Member An Hon. MemberYou got to watch those lawyer types.
Mr. Walton BrownWatch those lawyer types . . . who have been instrumental in putting together fraudulent documents trying to ascertain or suggest who owns a particular property, Mr. Speaker. A Land Title Registry wil l make all of that impossible. There are people who own property today who will not be …
Watch those lawyer types . . . who have been instrumental in putting together fraudulent documents trying to ascertain or suggest who owns a particular property, Mr. Speaker. A Land Title Registry wil l make all of that impossible. There are people who own property today who will not be able to present original documents to have that property reg-istered as their own.
[Inaudible interjection]
Mr. Walton BrownI read the legislation. You need to show o riginal documents. There are some lawyers who are in cahoots with real estate agents and other people who have put together . . . I do not know what the legal term is, maybe one of the lawyers can help me, …
I read the legislation. You need to show o riginal documents. There are some lawyers who are in cahoots with real estate agents and other people who have put together . . . I do not know what the legal term is, maybe one of the lawyers can help me, but when the original deeds go missing, right? When the original deeds go missing you —
An Hon. Member An Hon. MemberDeed of confirmation, deed of correction.
Mr. Walton BrownDeed of confirmation, deed of correction. So the original deeds no longer exists, but someone has been able to occupy or get possession of that property . They create a deed of confirmation which somehow is meant to magically confirm that they actually own that property. I know of one …
Deed of confirmation, deed of correction. So the original deeds no longer exists, but someone has been able to occupy or get possession of that property . They create a deed of confirmation which somehow is meant to magically confirm that they actually own that property. I know of one family where the owner of the property died, I think it is probably six years now, and that property has not yet been probated because there is someone who is claiming that they own that property. And so they put a caveat into the court every six months, which means that property cannot be probated. The family cannot benefit from that property. If you own that property and you knew you owned that property, you would take that person to court, having put in a caveat every six months for six years. And so we have to understand the context in which this incremental process is moving along. There are vested interests in not having a Land Title Regi stry. This House, Mr. Speaker, voted, without dissent to have a Commission of Inquiry to examine the historic theft of property in this country. The Governor, former Governor, in a decision which demonstrated complete disrespect for this House, refused to honour a dec ision of the people represented in this House. But the Land Title Registry will take us a step forward along those lines. If Government wants to demonstrate its si ncerity about some measure of justice involving land, property, and the theft of property, you and we need to move in a far more expeditious manner to have this matter resolved. Do not be swayed by lawyers, even though there are many lawyers who are excellent, lovely people. Do not be swayed by the economic tributes of lawyers, do what is right and do what is just. Do not be persuaded by those same groups of people who persuaded the Governor not to have a Commission of Inquiry. Do not be persuaded by them not to move forward on this legislation. It started, I think the Shadow Minister said, in 2002. That is 15 years! So we have a collective responsibility, a collective blame to embrace for not having moved more expeditiously on it. But come on! We need to do so. We need to do it because it is the just thing to do, it is a right thing to do. So we are making an incremental step, but it is slow, it is late, and it is frustrating. 400 3 February 2017 Official Hansard Report
Bermuda House of Assembly Thank you, Mr. Speaker .
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Learned Member from constituency 34, Kim Wilson. You have the floor.
Ms. Kim N. WilsonThank you, Mr. Speaker . Mr. Speaker, I will not sit here and allow aspersions to be cast —
Ms. Kim N. WilsonAnd not all, I cannot agree with the Member who just took his seat that said that we have a vested interest . . . some members have a vested interest in not having a Land Title Register. I must take issue to that. However, what I would like to …
And not all, I cannot agree with the Member who just took his seat that said that we have a vested interest . . . some members have a vested interest in not having a Land Title Register. I must take issue to that. However, what I would like to raise quite quickly is a comment that was raised by one of my other honourable friends who took his seat from constituency 6 with respect to the decisiveness of the Government. Mr. Speaker, this has been outstanding for quite some time and you will recall the legislation was passed in 2011, and you know, regardless of the o bjections that may be flowing from certain segments of the community, the Government has been elected to act. And if I may, Mr. Speaker, read from the Throne Speech of 2013, the Government said: “The Ministry of Environment and Planning, through the Department of Land Surveys and Registration, will also introduce land title registration to provide a transparent, accessible and effective land information sy stem.” So in the Throne Speech of 2013 the Government committed to doing this. So the question that I ask the Honourable Member who is leading this Bill is, When will the Government put their actions to work and make a decision and say this is what we are pr epared to do, introduce land title registration? The Bill that speaks to us today, with the greatest respect, does not really take us anywhere. It is just moving the recording of documents from one government department to another which, of course, makes sense, but it does not advance the ultimate objective, which is to have land title registration. So I would ask the Honourable Member from the Ministry of Public Works if he could please indi-cate to the public and this Chamber, at what point is his Cabinet and his Government going to make the decision and legislate for the requirement and the compulsory registration of land titles? Thank you, Mr. Speaker .
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Are there any other Honourable Member s who would care to speak? It does not look like there are any other Members, so Minister, you have the floor. Hon. L. Craig Cannonier: Thank you, Mr. Speaker . I do share in the expressions of …
All right. Thank you, Honourable Member. Are there any other Honourable Member s who would care to speak? It does not look like there are any other Members, so Minister, you have the floor.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker . I do share in the expressions of concern that I heard from the Opposition. However, as has been mentioned, it has been some time and I as the Mini ster of Public Works would like to first commend the Director Debbie Reid for her fortitude and persistence, actually, in getting us to where we are today. Let me remind the House that this is the first part that must be accomplished in order for us to bring [the] Land Title Registration Amendment Bill to the House. So this is the first part as we move through introducing, ultimately, at the end . . . just now, that was asked of myself, when will we be introducing [the] Land Title Registration Amendment Bill? I would venture to say that we probably will not get to it because we are about to move into . . . you know, the Budget period, but I will ensure Mem-bers that I am tenacious about getting it done thereafter. The director has been insistent. We have gone over this, over and over and over. Consultation has taken place over and over and over with interested parties. Yes, the attorneys and the likes. It has been frustrating, I must say ; however, I would like for this Honourable House to know that we are committed to making this happen and this is the first part of making it happen, to ensure that we start the electronic pr ocess so that we can get the Land Title Registration Amendment Bill to this House to ensure that it gets done. We have all heard about many of the atroc ities that have happened in the past, and maybe even some now, and not necessarily by attorneys, per se. But I am very much concerned that many of these documents are going missing. They are going missing in many institutions, not just with attorney’s offices, but at the banks and the likes. So this will go a long way, we have already had discussions with the banks about making their filing electronic as well. And I might add that the Honourable Finance Minister will be pleased that there is revenue for us to be had by tak-ing these over from the bank as well —large revenue to be had. So I would like to move this quickly. I am committed to it. I share those concerns as I have a lready heard, and with the director’s persistence and, of course, my PS as well, we are going to get it done.
Bermuda House of Assembly We are going to get it done. It is important that this thing get done. So I agree. With that in mind, Mr. Speaker , I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Are there any objections to the commitment of the Bill? There are none, so Deputy [Speaker] please take the Chair [of Committee]. House in Committee at 4:51 pm [Mrs. Suzann Roberts -Holshouser, C hairman] COMMITTEE ON BILL LAND TITLE REGISTRAR (RECORDING OF DO CUMENTS) ACT 2017
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Land Title Registrar (Recording of Doc uments) Act 2016. AMENDMENT TO CLAUSE 1
The ChairmanChairmanI propose an amendment to the title so the title should now read Land Title Registrar (R ecording of Documents) Act 2017. Are there any objections to the amendment to the title? There are no objections. Agreed to. [Gavel] [Motion carried: Amendment to clause 1 passed.]
The ChairmanChairmanMinister, please proceed. Hon. L. Craig Cannonier: Thank you, Madam Chai rman. With your indulgence and the Opposition’s indulgence of agreement here, I probably would suggest that we move all clauses 1 through 12 and Schedules 1 and 2.
The ChairmanChairmanIt has been moved that . . . if we could do the clauses first that would be great. Hon. L. Craig Cannonier: Yes.
The ChairmanChairmanIt has been moved that clauses 1 through 12 be moved. Are th ere any objections to that motion? No objections. Agreed to. Hon. L. Craig Cannonier: Thank you, Madam Chai rman. Clause 1 gives the citation. Clause 2 defines expressions used in this Bill (“this Act”). Clause 3 provides …
It has been moved that clauses 1 through 12 be moved. Are th ere any objections to that motion? No objections. Agreed to. Hon. L. Craig Cannonier: Thank you, Madam Chai rman. Clause 1 gives the citation. Clause 2 defines expressions used in this Bill (“this Act”). Clause 3 provides for, and sets out the proc edure for, the recording and registration of documents deposited in the office of the Land Title Registrar pursuant to this Act. Clause 4 provides for the preparation of an index of judgments by the Land Title Registrar that, pursuant to the Real Estate Assets Act 1787, appear to him might affect land in Bermuda. Clause 5 provides for the inspection of regi sters, indexes and documents, as well as copying and obtaining certified copies thereof. Clause 6 provides for the transfer of certain functions of the Registrar General under the repealed section 7 of the Registrar -General (Recording of Documents) Act 1955 and other legislative provisions to the Land Title Registrar. Clause 7 supersedes the repealed section 8 of the Registrar -General (Recording of Documents) Act 1955. After the coming into operation of this Act, any change in ownership of a freehold estate (not by way of mortgage) is to be registered by the Land Title Registrar. Clause 8 provides for the making of regulations by the Minister. Clause 9 provides that nothing in this Act derogates from or abridges the Land Title Registration Act 2011. Clause 10 repeals and revokes certain prov isions of the Registrar -General (Recording of Doc uments) Act 1955 and its Regulations, respectively, in consequence of the transfer of functions under that Act to this Act. Clause 11 makes consequential amendments to other legislative provisions to transfer functions r elating to recording interests in land from the Registrar General to the Land Title Registrar. Clause 12 makes a consequential amendment to the Commissioners for Oaths and Notaries Public Act 1972 by adding the Land Title— if I could ask you guys to calm down a little bit there, lower it down please?
The ChairmanChairmanThank you. Members, thank you. Hon. L. Craig Cannonier: I cannot hear myself.
The ChairmanChairmanThe Minister is looking for . . . Mini ster, please proceed. Hon. L. Craig Cannonier: I will start over. Clause 12 makes a consequential amendment to the Commissioners for Oaths and Notaries Public Act 1972 by adding the Land Title Registrar to 402 3 February 2017 Official Hansard Report …
The Minister is looking for . . . Mini ster, please proceed. Hon. L. Craig Cannonier: I will start over. Clause 12 makes a consequential amendment to the Commissioners for Oaths and Notaries Public Act 1972 by adding the Land Title Registrar to 402 3 February 2017 Official Hansard Report
Bermuda House of Assembly the persons listed in the Schedule thereto as ex officio commissioners for oaths. It also adds a new Head (Head 33A —Land Title Registrar (Recording of Documents) Act 2016 —amended to 2017 now) to the Schedule to the Government Fees Regulations 1976. Those are clauses 1 through 12, Madam Chairman.
The ChairmanChairmanThank you, Member. I think before we move any further I would like to seek approval for amending that portion that reads under clause 12— Hon. L. Craig Cannonier: Y es. AMENDMENT TO CLAUSE 12
The ChairmanChairman—Head 33A —Land Title Registrar (Recording of Documents) Act 2016. So I would like the records to record that we would like to see that revised and amended to read 2017. That being said— Hon. L. Craig Cannonier: Thank you.
The ChairmanChairmanThank you. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Amendment to clause 12 passed.]
The ChairmanChairmanWe can move on. Are there any other Members that would like to speak to cl auses 1 through 12? There are no Members that would like to speak to clauses 1 through 12. I recognise the Member from constituency 17. You have the floor.
Mr. Walton BrownThank you , Madam Chairman. I am at a disadvantage because I cannot find the actual clause, I do not want to incur your wrath.
The ChairmanChairmanOh, okay. I will try and help you.
Mr. Walton BrownAll I know is there is a provision for a fine for certain information presented. What I want to know is whether or not . . . or why is there no penalty for the presentation of inaccurate or fraudulent information? There is a penalty —
Mr. Walton BrownClause 7. My only question is whether or not you would consider imposing a fine for those who submit inaccurate information.
The ChairmanChairmanSo that would be [clause] 7(4). Thank you. The Chair recognises the Minister. Hon. L. Craig Cannonier: Yes, if I could just for clar ification help the Honourable Member. This is really for us to be able to take information that has already been submitted to the Supreme Court in …
So that would be [clause] 7(4). Thank you. The Chair recognises the Minister. Hon. L. Craig Cannonier: Yes, if I could just for clar ification help the Honourable Member. This is really for us to be able to take information that has already been submitted to the Supreme Court in its Causes Listing and also from the Registry General. I would assume that those things would not be fraudulent by that point in time, so we are simply looking to take that information and, of course, make it electronic.
The ChairmanChairmanThank you. Hon. L. Craig Cannonier: Now, it may be a case during the Land Title Registration Amendment Bill that you might want to address something like that.
The ChairmanChairmanThank you. The Chair recognises . . . are there any other Members that would like to speak to clauses 1 through 12? There are no other Members that would like to speak to clauses 1 through 12. The Chair recognises the Minister. Hon. L. Craig Cannonier: Thank you, Madam …
Thank you. The Chair recognises . . . are there any other Members that would like to speak to clauses 1 through 12? There are no other Members that would like to speak to clauses 1 through 12. The Chair recognises the Minister.
Hon. L. Craig Cannonier: Thank you, Madam Chai rman. Schedule 1 sets out the forms of memoranda to be registered by the Land Title Registrar and Schedule 2 sets out the form of the notice to the Land Title Registrar of the entitlement to a freehold estate.
The ChairmanChairmanThank you, Minister. Are there any Members that would like to speak to the Schedules 1 and 2? There are no Members that would like to speak to the Schedules 1 and 2. I call on the Minister. Hon. L. Craig Cannonier: Thank you, Madam Chai rman. I move that …
Thank you, Minister. Are there any Members that would like to speak to the Schedules 1 and 2? There are no Members that would like to speak to the Schedules 1 and 2. I call on the Minister. Hon. L. Craig Cannonier: Thank you, Madam Chai rman. I move that clauses 1 through 12 be accepted to the House. Can I do the Schedules as well or should I . . .
The ChairmanChairmanNo, we will do that in the next step. It has been moved that clauses 1 through 12 be approved as printed. Any objections —ah, sorry, I lied. It has been moved that clauses 1 through 12 be approved as amended. Hon. L. Craig Cannonier: Yes. Bermuda House of Assembly
The ChairmanChairmanAre there any objections to that m otion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 12 passed as amended.] Hon. L. Craig Cannonier: Thank you, Madam Chai rman. I move Schedules 1 and 2.
The ChairmanChairmanIt has been moved that Schedules 1 and 2 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Schedules 1 and 2 passed.] Hon. L. Craig Cannonier: Thank you, Madam Chai rman. I move the Preamble and Schedules.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. L. Craig Cannonier: Thank you, Madam Chai rman. I move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Hon. L. Craig Cannonier: Yes.
The ChairmanChairmanAny objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Land Title Registrar (Recording of Documents) Act 2017 was considered by a Committee of the whole House and passed with amend-ments.] House resumed at 5:00 pm REPORT OF COMMITTEE LAND TITLE REGISTRAR (RECORDING OF DO CUMENTS) AT …
Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Land Title Registrar (Recording of Documents) Act 2017 was considered by a Committee of the whole House and passed with amend-ments.] House resumed at 5:00 pm REPORT OF COMMITTEE
LAND TITLE REGISTRAR (RECORDING OF DO CUMENTS) AT 2017
The Spe aker: Honourable Members, the Land Title Registrar (Recording of Documents) Act 2016, amended to 2017, Second Reading has been ap-proved. Any objections to that? Then we move on to the next order of the day, consideration of the Insurance Accounts Amendment Regulations 2016, in the name of the Finance Mini ster, Bob Richards. You have the floor.
REGULATIONS
INSURANCE ACCOUNTS AMENDMENT REGUL ATIONS 2017
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I move that consideration be given to the draft regulations entitled the Insurance Accounts Amend-ment Regulations 2016, to be made by the Minister of Finance acting on the advice of the Bermuda Mone-tary Authority in exercise of the power conferred by section 53 of the Insurance Act 1978.
The SpeakerThe SpeakerThank you, Minister. Any objections? Carry on, please, Minister. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I present to you and Honourable Members t oday the statutory instrument entitled the Insurance Accounts Amendment Regulations 2016, presumably we will change that to 2017.
The SpeakerThe SpeakerYes, in Committee we will do that. Hon. E. T. (Bob) Richards: We are in Committee . . . there is no Committee for regulations?
The SpeakerThe SpeakerNo, sorry. We need to change that right now; you are right. Hon. E. T. (Bob) Richards: We need to change that now.
The SpeakerThe SpeakerWe don’t go into Committee for regu lations. Hon. E. T. (Bob) Richards: There is no Committee. So, Mr. Speaker, the regulations support o ngoing efforts to ensure that the insurance framework is co ntinually reviewed so as to remain up to date and appropriate for the insurance sector. The …
We don’t go into Committee for regu lations.
Hon. E. T. (Bob) Richards: There is no Committee. So, Mr. Speaker, the regulations support o ngoing efforts to ensure that the insurance framework is co ntinually reviewed so as to remain up to date and appropriate for the insurance sector. The proposed changes are intended to assist insurers with their 2016 year -end filings while also allowing the Bermuda 404 3 February 2017 Official Hansard Report
Bermuda House of Assembly Monetary Authority to be able to better assess these insurers. These changes are specifically designed to require insurers to do three things: 1) to provide proper disclosure if policyholder obligations are being discounted; 2) to provide proper disclosure of transactions that involve dividends declared; and 3) to require insurers that report both general and long- term bus iness to provide [reports for] each business separately for the Authority to be able to better assess its risk. Mr. Speaker, the Authority proposes to make the following housekeeping amendments to the regu-lations: a) to streamline the number of forms to be sub-mitted and to avoid duplicate reporting; b) to consolidate filings made by special purpose insurers and composite insurers and introduce tailored forms for specific filings. This will r equire Forms 3, 6, and 7 to be revoked and r eplaced with Forms 2A and 5, accordingly ; c) to clarify the deductions to be made when dealing with dividen ds; d) to include directions that have been inadver tently omitted and to introduce the reporting on discounting of reserves.
Mr. Speaker, the regulations represent a co llaborative effort between the Authority and the insurance sector, together with the Ministry of Legal Affairs and the Ministry of Finance. So, Mr. Speaker, I will move on to the specific clauses, s eeing that we do not go into Committee. Clause 1 is the standard citation clause and cites the Regulation as the Insurance [Accounts] Amendment Regulations. The Regulations will be up-dated from 2016 to 2017. Clause 2 amends regulation 3 of the principal Regulations by removing the requirement for a stat utory Open Year Business Revenue Statement to be submitted as part of an insurer’s statutory and fina ncial statements. This information is no longer required. Clause 3 amends regulation 4 of the principal Regulations by revoking in their entirety the relevant provisions related to the statutory open business rev-enue statement. Regulations 4(2) and (3) will be r evoked accordingly. As for [paragraph] ( 2) above, this information is no longer required. Clause 4 amends regulation 6 of the principal Regulations regarding balance sheet and statement of income for composite insurers in paragraph 3(a) by replacing the reference to Forms 6 and 7, with a ref-erence to Form 1A, 2A, 4 , and 5, and by revoking paragraph 3(b) w hich refers to the statutory open business revenue to be revoked by regulation 2. As for regulation 2 and 3 above, this information is no longer required. [Clause] 5 amends regulation 6 A of the princ ipal Regulations regarding balance sheet and stat ement of income for special interest insurers by replac-ing the reference to Forms 6 and 7 with a reference to Forms 1A, 2A, 4, and 5. Clause 6, regulation 9(3)(d)(ii) of the principal Regulations regarding instruments relating to statutory financial statements is revoked. Clause 7 amends Schedule I of the principal Regulations. Schedule I sets down the prescribed forms of statutory financial statements for Class 1, 2, 3 long- term insurers, composite insurers, and special purpose insurers. [Clause] 7 amends Schedule I, as follows, by revoking the following forms: • Form 3, a Statutory Open Year Business Revenue Statement. This form was prev iously temporarily omitted from the Regulations, and the Authority is now propos-ing to remove it permanently as the information requested in this form is no longer required. • Form 6, the Statutory Balance Sheet. Form 6 sets down the statutory balance sheet reporting requirements for composite insurers and special purpose insur-ers. The composite insurer carries on both general busines s and long- term business. It is proposed to amend the regulations by separating the reporting requirements by type of business. Such insurers will be required to prepare a general business statutory balance sheet (that is on Form 1A) and a long- term business statutory balance sheet on Form 4 separately. With the statutory balance sheets reported separately and by type of business, the Authority would be able to assess the insurer’s underwriting liquidity and solvency risk more effectively. • Form 7 sets down the Statutory Stat ement of Income reporting requirements for composite and special purpose insurers. As for the Form 6 above, it is proposed that these insurers prepare both a general business statutory income statement (that will be on Form 2A) and a long- term bus iness statutory income statement on Form 5 separately, which will allow the Authority to better assess the profitability of an i nsurer’s business. Clause 8 amends Schedule II of the principal Regulation. Schedule II sets down a framework for the Notes to Statutory Financial Statements. Schedule II will be amended as follows: Part IV of clause 2(c), to impose a reporting requirement on the relevant insurer to disclose all dividends, as opposed to non- cash dividends only. Part V, in [paragraph] 17, to reinstate a reporting requirement on the relevant insurer to dis-close loss and loss expense provisions in a certain form.
Bermuda House of Assembly Clause 9 sets down a commencement date of December 31, 2016, which I think we have to amend. I do not know how we can set a comme ncement retrospectively. Or can we?
[Inaudible interjection]
Hon. E. T. (Bob) Richards: Okay.
The SpeakerThe SpeakerYes. Hon. E. T. (Bob) Richards: Clause 9 sets down a commencement date of 31 December 2016— The Speaker: Right. So you would have to . . . we wi ll have to amend that. Hon. E. T. (Bob) Richards: Yes. Amend that to February 15?
The SpeakerThe SpeakerFebruary 15 th? Hon. E. T. (Bob) Richards: February 15, 2017.
The SpeakerThe SpeakerFebruary 15, 2017. Hon. E. T. (Bob) Richards: Is that all right?
The SpeakerThe SpeakerYes. The Honourable Member is moving— [Inaudible interjection] Hon. E. T. (Bob) Richards: Oh, I am told we do not need a commencement date at all.
The SpeakerThe SpeakerSorry? Hon. E. T. (Bob) Richards: I am advised that we can dispense with the commencement dat e.
The SpeakerThe SpeakerAll right. Hon. E. T. (Bob) Richards: Anyway, we are going to delete this paragraph.
The SpeakerThe SpeakerSo we delete it. Okay. Hon. E. T. (Bob) Richards: That is right. So, I think that is all we have for this, Mr. Speaker. I invite Honourable Members to participate, if they so desire.
The SpeakerThe SpeakerOkay. Thank you. And it will now be called the Insurance Accounts Amendment Regulations 2017. Is that agreed by all?
The SpeakerThe SpeakerAnd also, that the commencement . . . the Member is removing the commencement from the Regulations. Does any other Member care to speak? The Chair will recognise the Leader of the Opposition, and the Shadow Minister of Finance. Hon. E. David Burt: Mr. Speaker, good afternoon.
The SpeakerThe SpeakerGood afternoon. Hon. E. David Burt: Without sounding like a broken record, as we do on most of these wonderful technical amendments and regulations and other things of which the Government of the day has to carry for the BMA and all the rest, and as the former Shadow Mi …
Good afternoon. Hon. E. David Burt: Without sounding like a broken record, as we do on most of these wonderful technical amendments and regulations and other things of which the Government of the day has to carry for the BMA and all the rest, and as the former Shadow Mi nister of Finance used to do when he was on this side of aisle, and I do, the Opposition will support these amendments. Consultation has taken place and we will continue to support whatever measures are nec-essary to ensure that we remain the juris diction of choice for international [business] and a top- rate i nternational financial centre.
The SpeakerThe SpeakerThank you, Honourable Member. You framed that incredibly well. [Laughter] Hon. E. David Burt: I had no choice.
The SpeakerThe SpeakerAll right, th ank you. Any other Members care to speak? Then the Minister . . . Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I move that the amendment, the Regulations be approved. I also move that the Regulations be approved and that a message be sent from …
The SpeakerThe SpeakerThank you. The Minister is moving that the Regulations be approved with the amendments, that being the Regulations 2017, and that there is no commenc ement. Clause 9 is mooted. And that a message be sent to the Governor. Are there any objections to that? There are none. So the …
Thank you. The Minister is moving that the Regulations be approved with the amendments, that being the Regulations 2017, and that there is no commenc ement. Clause 9 is mooted. And that a message be sent to the Governor. Are there any objections to that? There are none. So the Regulations are a pproved and a message will be sent to the Governor. [Motion carried: The Insurance Accounts Amendment Regulations 2017 approved.]
The SpeakerThe SpeakerWe now move to Order No. 15, the C asino Gaming (General Reserve and Casino Taxes) Regulations 2016, in the name of the Minister of Ec onomic Development, Dr. Gibbons. 406 3 February 2017 Official Hansard Report Bermuda House of Assembly You have the floor. REGULATIONS CASINO GAMING (GENERAL RESERVE …
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Mr. Speaker, with the Governor’s recommendation, and in accordance with section 36(3) of the Bermuda Constitution, I move that consideration be given to the draft Regulations entitled the C asino Gaming (General Reserve and Casino Taxes) Regulations 2016, proposed to be made by the Minister responsible …
Thank you, Mr. Speaker. Mr. Speaker, with the Governor’s recommendation, and in accordance with section 36(3) of the Bermuda Constitution, I move that consideration be given to the draft Regulations entitled the C asino Gaming (General Reserve and Casino Taxes) Regulations 2016, proposed to be made by the Minister responsible for Gaming conferred by section 144 of the Casino Gaming Act 2014.
The SpeakerThe SpeakerThank you, Minister. Any objections to that? Please carry on, Minister.
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Mr. Speaker, since this is going to be dealt with in the whole House, I will go through the Bill as well after I give my general comments.
The SpeakerThe SpeakerAbsolutely. I would appreciate t hat.
The Hon. Dr. E. Grant GibbonsThank you. Mr. Speaker, and Honourable Members, I am pleased to introduce the Regulations entitled Casino Gaming (General Reserve and Casino Taxes) Regu-lations 2016, on behalf of the substantive Minister of Tourism, Tr ansport and Municipalities, the Honourable Michael Fahy . These regulations establish the procedure for and the manner …
Thank you. Mr. Speaker, and Honourable Members, I am pleased to introduce the Regulations entitled Casino Gaming (General Reserve and Casino Taxes) Regu-lations 2016, on behalf of the substantive Minister of Tourism, Tr ansport and Municipalities, the Honourable Michael Fahy . These regulations establish the procedure for and the manner of payment of the casino tax by cas ino operators pursuant to Part 9 of the Casino Gaming Act 2014. Mr. Speaker, Honourable Members will be reminded that the intent of the Casino Gaming Act 2014 was to meet the challenge of enhancing inves tment and employment in Bermuda through the intr oduction of integrated resort casinos. In order to ensure the orderly introduction and operation of these facilities, the Bermuda Casino Gaming Commission (that is, the Commission) must satisfy the following five goals in the execution of its duties: 1) The owners, vendors, managers, emplo yees, and sources of finance should be free from any inappropriate past or present association and beha viours and uphold high ethical standards. 2) The casino should possess sound oper ational and financial controls. 3) The games offered should be fair, honest, and upright with a high level of security and integrity. 4) All fees, taxes, and related payments should be appropriately accounted for and paid. 5) Controls should be in place to protect the vulnerable. Mr. Speaker, the Bermuda Casino Gaming Commission is responsible for advising on the deve lopment of policy and for regulating casino gaming activities in Bermuda. The Commission has advised the Ministry that the ability of Bermuda to attract inter-est and investment in its integrated casino resort sec-tor is challenged by the small resident population, the small size o f its tourism market, and its seasonality. This means that Bermuda must offer a sufficiently f avourable tax and fee environment to facilitate inves tment. Experience has shown that jurisdictions often try to accomplish too many diverse public policy goals with the introduction of regulated gaming. Jurisdictions want to increase investment, generate greater employment, enhance tourism and generate higher tax revenues. However, it is also true that very high tax rates mean that operators are less able to hire human resources and make investment expenditures and, consequently, lessen the overall tourism attractiv eness of the final product. Mr. Speaker, the Commission has advocated that it is better to err on the side of caution with lesser tax revenues as opposed to higher tax revenues that may result in constrained market entry, as well as lower employment investment tourism appeal. Ther efore, the objective of the regulations before this Honourable House is to introduce a lower casino tax rate. Once the industry is established, the gross gaming revenue tax together with the casino gaming fees will fund the regulation of the industry, provide for conti nued investment in the area of problem gaming, gener-ate the funds required to pay back the loan advanced by the government to establish the Commission, and make an ongoing contribution to government reve-nues. Mr. Speaker, these regulations reflect the stated public policy goals of the 2014 Casino Gaming Act to increase employment investment and to e nhance the tourism product of the Island. Mr. Speaker, I am going to continue and go directly into the claus-es, if I may, with your permission. Mr. Speaker, these regulations seek to stipulate the procedure and timeframe manner of payment and the calculation of casino t ax. Clause 1 is self -explanatory. Clause 2 provides for the interpretation of the terms “casino operator,” “casino tax,” “Commission,” “Commission budget,” “financial year,” “General R eserve,” “gross gaming revenue,” “inspector,” “Net C asino Tax,” “tax period,” “wager,” and “winnings.” Clause 3 empowers the Commission to establish and maintain a General Reserve.
Bermuda House of Assembly Clause 4 provides for a casino operator to keep documents of account and other records as r equired. It also states that a casino operator must give written confirmation of the monthly gross gaming re venue and other required information. It creates an offence where a person destroys or does not make available any document, record, or information reasonably requested. Clause 5 sets out the gross gaming revenue computations and defines the phrase “a sum of money placed as a wager” and the phrase “a sum of mon-ey as winnings.” It stipulates how to calculate the gross gaming revenue for a card game or other games in which the casino operator is not a party to the wager and does not have a stake in the outcome. It also sets out what amounts a casino operator may deduct from the winnings in relation to periodic pa yments made by casino operators to satisfy a payout or in relation to irrevocable letters of credit, surety bonds , or other similar methods. When payouts are made by an inter -casino linked jackpot, each casino operator may deduct his pro- rata share of the payout . Payout receipts and wagering vouchers are to be deducted from the gross gaming revenue as jackpot payouts in the tax period the receipts or vouchers are issued and if the voucher or payout receipt is not redeemed, it must be included as gross gaming revenue in the pe-riod in which the expiry date falls. Clause 6 establishes that the rate of casino taxes is 10 per cent of gross gaming revenue. Clause 7 stipulates that every casino operator shall submit a return specifying the gross gaming rev-enue earned and the details of any deductions. The operator shall thereafter transfer the payable tax to the General Reserve. When the Commission views it as unduly onerous for casino operators to furnish r eturns relating to its tax period, the Commission may vary the timeframe or authorise the operator to furnish returns relating to specific tax periods. Where a casino operator fails to file a return, the Commission may extend the time for payment, or permit installment payments. Clause 8 establishes that the Commission may direct the form and information to be contained in a tax return and where a casino operator files a return he may, with permission, file an updated return to clar-ify or correct a previous return, together with any additional tax payable. The Commission can apply any applicable late fees and may, where an investigation is completed, pay to the operator any overpayment of tax. Clause 9 defines the term “irrecoverable debt” and specifies which irrecoverable debts can be d educted from the casino tax. A deducted irrecoverable debt must be reviewed and approved by the casino’s compliance committee and any irrecoverable debt subsequently recovered must be included in the cal-culation of gross gaming revenue in the tax period once the sum is recovered. Clause 10 provides that after reviewing a r eturn the Commission may call for an investigation to be undertaken and require a casino operator or other appropriat e person to give evidence by affidavit or under oath or to provide other types of information to assist in it s review. It shall be an offence and grounds for disciplinary action where a person is required to provide records or information but fails to do so within the notice period, and it is also an offence to furnish false information. It also provides that an inspector can enter a casino premises to inspect relevant books, records, and other documents and to take ex-tracts from or copies thereof. Clause 11 provides that where, without fraud or wilful default, the casino operator fails to file a r eturn or fails to keep or produce any information, or has filed a material incomplete or inaccurate return and has been provided with a reasonable opportunity to comply, the Commission may, in writing, and not later than six years after the end of the tax period, require the casino operator to pay casino tax within the stated time. Clause [12] provides that if any taxpayer does not pay it on time, the penalty for late payment is 10 per cent of the amount of unpaid tax per month, or part thereof, for which the tax is unpaid. Clause 13 states that a casino operator dissatisfied with the decision or assessment of the Commission regarding tax may, within 30 days, lodge a written objection setting out the grounds and its ev idence. In response the Commission may undertake a further investigation and must provide the casino o perator with its written decision and provide reasons. If the objection is allowed and the amount of tax is r educed, the Commission shall credit to the casino op-erator the excess amount of tax paid which will be applied to the future tax obligation to the operator. Where an objection is raised the Commission may, when calculating the net casino tax, deduct an amount up to the maximum amount that could be paid to the casino operator if the objection is allowed in full. Clause 14, all taxes payable under these Regulations shall be a debt owing to the Commission and any proceedings for its recovery may be brought by an officer of the Commission as a civil debt in a court of summary jurisdiction. A certificate signed by an officer of the Commission shall, absent any manifest error, be conclusive evidence of the unpaid tax due to the Commission. Clause 15 provides that the Commission can transfer from the General Reserve with the approval of the Minister of Finance, sufficient funds to meet the Commission’s budget, plus a reserve of a sum which is equal to 20 per cent of that budget. Within 30 days from an audit , the Commission shall transfer to the Consolidated Fund a sum equal to the Net Casino Tax as stated in the audited accounts, and if any loans, grants, or other facilities provided by the Government remain outstanding, then any sum as transferred to 408 3 February 2017 Official Hansard Report
Bermuda House of Assembly the Consolidated Fund shall be deemed part of the repayment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, very much, Dr. Gibbons. The Chair will now recognise the Honourable Member from constituency 6. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, first of all let me thank the Mini ster for giving me his brief. But let me just say up front that it …
Thank you, very much, Dr. Gibbons. The Chair will now recognise the Honourable Member from constituency 6. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, first of all let me thank the Mini ster for giving me his brief. But let me just say up front that it probably would have been better if we had r eceived the brief when he was reading it from the very beginning instead at the very end,—
The Hon. Dr. E. Grant GibbonsSorry. Hon. Wayne L. Furbert: —because if we are going to work together on this particular issue, or this entity, or new business that is going to be coming into Berm uda, we need to be working together to get it right. And normally the Minister is up front, but …
Sorry. Hon. Wayne L. Furbert: —because if we are going to work together on this particular issue, or this entity, or new business that is going to be coming into Berm uda, we need to be working together to get it right. And normally the Minister is up front, but I appreciate even the lateness. So I do not have time to read through the information, but I will go as planned.
The SpeakerThe SpeakerTake your time. Hon. Wayne L. Furbert: The Minister started off at the very beginning by saying that we have a small resident [population] and seasonality with regard to our tourism industry and Bermuda as a whole. And so we have to get it right. If we do not get …
Take your time. Hon. Wayne L. Furbert: The Minister started off at the very beginning by saying that we have a small resident [population] and seasonality with regard to our tourism industry and Bermuda as a whole. And so we have to get it right. If we do not get it right, then we fail miserably. So, it is incumbent on the Commission to do whatever they can to make sure that this prod-uct, a new product, something that I, to be honest with you, as all of you know , I did not vote for it from the beginning, but it is here. So at the end of the day, you have to make sure, as legislators, that it is workable. I am not going to get into the amount for the licence right now, but as you know we have possibly up to four licences to give out, one provisional licence has already been given out in St. George’s and three, possibly more, to come. I have my concern about the three licences. At the end of the day (you have heard me say this before) I look at the concern about the supply and demand, the amount people in Bermuda who will probably li mit themselves to casinos, knowing the nature and the culture of Bermuda. And whether people will be flying here to pay the high rates of our hotels and to go and lift their arms and exercise with their arms. Those are the concerns I have. So, at the end of the day the tax rate that we put here, the 10 per cent that the Government, or the Commission, I do not know if the Government is now putting in legislation, becomes useless if we do not have an active, lively . . . where the people can go back. . . you cannot be sitting there with one person sitting at that the, I guess, the jack table or whatever table they sit out, blackjack, and . . . because it makes working . . . peo-ple like to know that there are people around them . So it does not make sense walking into a place that is all empty because there is no fun. You might as well go down to Vegas where there is activity and liveliness taking place. So that is my concern about whether . . . I have always supported, if we are going to have it, we should have one licence just to make it work. But it is here. So these regulations talk about the collection of fees and the particular form. I would like to ask the Minister, not knowing a lot about the industry, but was there any particular jurisdiction that we used to copy or follow these regulations? What jurisdiction are we looking at that makes it work, that we can compare, kind of an idea of their standard compared to what we are looking at? I guess one of the biggest concerns I have is the idea of if they are not filing a particular number of . . . [clause] 16, the offences part, where if you do not file, or you meet certain criteria based on the [regul ations] 4(3), 10(3) and 10(4), and if I was to read them, Mr. Speaker, let us say 10(4) , it says, “A person who furnishes material information under this regulation which he knows or has reasonable grounds for believing is false commits an offence.” And they are only charged $10,000. Now, this is supposed to be a multi - million dollar business. [Inaudible interj ection]
Hon. Wayne L. Furbert: You know, if that is it; that is it. And I would have thought that that amount should have been much higher . There is no return to not . . . for the offence. And the other one would be [regulation] 10(3), “Where any person is required pursuant to a notice under paragraph (2) to furnish the Commission with any records, documents , or information, that person shall do so not later than the time stated in the notice. ” And they do not do it, all they have done is . . . I mean, I see it just tells us we cannot do it. Don’t worry about that, we are just paying $10,000.
Hon. Wayne L. Furbert: That is one game by my good friend from South Hamilton. We do not have to worry about the $10,000. This is a multi -million dollar business. W e are not expecting anyone to come in here in this industry who is making a million dollars a year. That does not make sense. We are not looking for someone who is making $5 million a year, I would have thought. And I will get to the next question later on in another part. I would have thought that the bus iness we were looking at was someone who hopefully has a good business plan, I would have thought, is over 10, 20 [million] or even higher. So if they charge them a simple fee of $10,000 for an offence, I would have thought it is r idiculous. And I would have thought the Minister would have—
Bermuda House of Assembly [Inaudible interjection]
Hon. Wayne L. Furbert: You’re taking a gamble there. [Laughter] Hon. Wayne L. Furbert: So, I would have thought that that amount . . . it says “not exceeding $10,000.” So the magistrate might just say, Well, okay, a thousand dollars. You know, $5,000. I would have thought that amount would have been much higher, a hundred thousand dollars, at least. So I would like for the Mi nister . . . I do not know whether he can make an amendment or whatever it is, but I would have thought that this should be taken into consideration in these Regulations . This is Offences, number 16, to fine a person who commits an offence under regulations 4(3), 10(3) and 10(4), which are serious offences, is liable on summary conviction, to a fine not exceeding $10,000, or to be imprisoned for a term not exceeding six months, or to both such fine and imprisonment. I think the amount is too small, but maybe the Minister has an answer for that. Maybe that is an incentive for them to come, I do not know. But to me, that number is too small. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the learned Member from constituency 31. MP Crockwell, you have the floor.
Mr. Shawn G. CrockwellThank you, Mr. Speaker. I have a few brief remarks on this one. I intend to contribute a lot more on the next set of Regulations. I am glad to see that we are still progressing the legisl ative structure, albeit at a sluggish pace, Mr. Speaker, but we are …
Thank you, Mr. Speaker. I have a few brief remarks on this one. I intend to contribute a lot more on the next set of Regulations. I am glad to see that we are still progressing the legisl ative structure, albeit at a sluggish pace, Mr. Speaker, but we are moving forward to get this indus-try up and going. It has always been my ambition, certainly when I was the Minister, and my hope that we could offer what I think is an exciting industry and o pportunity at a time when we are going to see the lar gest gathering of tourists and people on our shores at the America’s Cup. But I think that is now an ambition that will not be fulfilled as we are still implementing regulations. But, Mr. Speaker, the Honourable Member who spoke before me inquired as to what jurisdictions were being used [for comparisons]. I recall when we were considering the appropriate tax structure the Government received substantial advice after talking to numerous individuals in the industry that 10 per cent would be an appropriate percentage. Some juri sdictions go lower to provide a greater inducement to get operators into their jurisdiction, and there are those jurisdictions who may have a tax rate of 20 per cent when the Gov ernment’s intent is to raise rev enue. To remind this Honourable House, and to r emind the listeners (and then I will get into this a bit more in a future debate), we have to be reminded of what the intent of introducing casino gaming to our jurisdiction wa s and should continue to be. And that, Mr. Speaker, is to help buttress our tourism industry, to help our hotels earn more revenue, and to provide an amenity to our tourists. That was always the intent. The intent was not to have the coffers of the Gover nment, albeit we need more revenue, but the intent was not to have the coffers overrun with revenue as a d irect impact of casino gaming. Certainly the Gover nment needs to raise revenue off of this, hopefully l ucrative, industry. But if you can increase and augment tourists to the Island, give them a better experience, have them become repeat visitors, then there is such a domino positive effect as a result of that. So, when the Government at the time was considering introducing casino gaming, the number one consideration was for it to help revise our tourism industry, and there was an ancillary and secondary impetus, and that was to create jobs for Bermudians, which we all know, Mr. Speaker, was a major issue in 2012, and continues to be a major issue in this country. And that is what causes me concern—that we are taking the time that we are taking to get this thing done, because I know we can get it done much quic ker. We are a small jurisdiction, Mr. Speaker. We are looking to implement amenity casinos. We are not looking to duplicate what is happening in the Baha-mas, with Atlantis and Baha Mar. We are not looking to duplicate what is happening in Las Vegas or in A tlantic City. We were always looking to create som ething that was uniquely Bermudian. And it looks as if what we have been doing is grappling with a whole lot of stuff that is taking way too long to get things done. So, we have not created jobs, and it has not provided the stimulus and the impetus for tourism. Not yet, Mr. Speaker. I am happy that it is here. I have some issues with some other things down the road. As far as the tax rate, that is what was recommended to the Gov-ernment as a comfortable middle road. It is not too high, but it is not too low. It is right around that comfort zone for operators. The one concern I do have in rel ation to what is in these Regulations is in relation to [regulation] 14 which refers to the recovery of a civil debt to be in the summary jurisdiction, which, my un-derstanding, is Magistrate’s Court, and which has a limit of $25,000 to be recovered. I see that repeated in future Regulations as well. So I am not quite sure that is correct. Assuming 10 per cent, if someone does not pay their annual 10 per cent tax, I would think it would be more than $25,000. So if the Minister can give some clarification there, summary jurisdiction in the Interpretation Act refers to the Magistrate’s Court, and 410 3 February 2017 Official Hansard Report
Bermuda House of Assembly they have a limit of what can be recovered there, and that is $25,000. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, very m uch. Any other Member care to speak? Then, Minister?
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. I thank Honourable Members for their contribution. Let me work through some of the questions that were asked. I think Honourable Members were straightforward in terms of what they had to say. In terms of the questions from the Honourable Member from constituency 6, which jurisdictions …
Thank you, Mr. Speaker. I thank Honourable Members for their contribution. Let me work through some of the questions that were asked. I think Honourable Members were straightforward in terms of what they had to say. In terms of the questions from the Honourable Member from constituency 6, which jurisdictions have been used in forming these Regulations, I think the answer to that is, simply, we are trying to do these in a Bermuda model. Clearly, the Commission, as I understand it, looked at other jurisdictions, but effectively tried to Bermudianise what is required here in terms of the fees and the set -up of the Commission and the tax rates. As far as the penalties are concerned, I think . . . my sense is that the Commission has lots of ways to, I’ll say, persuade people to sort of get them to move forward with what they want them to do. So I think penalties are probably a last resort here, but I certainly take on board that $10,000 may or may not be enough. I think it would certainly get most people’s attention. In terms of the tax rate which the Honourable Member from constituency 31 mentioned, the points that he made in terms of being middle of the road c oincide fairly directly with what I am advised as well. At 10 per cent it brings the tax rate actually on the low side of global markets, in Nevada it is 6.75 per cent, it is 9.75 per cent in Jersey, 66 per cent in Maryland, 55 per cent in Pennsylvania, 40 per cent in Macau, and a blended rate of up to 15 per cent with a substantial player admission charge in Singapore. So we are sort of in the middle. When we get into the next series of Regulations , we may get into the issue of some of the other fees and I have some other exa mples as well, which I am happy to share with Honour-able Members. But the Honourable Member is exactly right. As I said in the brief, the purpose of bringing in resort gaming here is to essentially help the tourism industry to provide an amenity to provide a little more excit ement, particularly during the off season, and probably most importantly, to create jobs. I take on board the fact that this is moving perhaps not as quickly as some people would have liked. But I think on the other hand this is the first time we are introducing these. Other jurisdictions have taken quite a bit longer. Si ngapore was certainly looked at, but from some per-spectives this may be seen as slow. But I think we are trying to be methodical here as well. But I think the Comm ission, from my perspective, is certainly trying to move it along. I do not have an answer with respect to the issue of the court of summary jurisdiction, but I will take that on board. And, certainly, if we have to amend the legislation going forward we will certainly do that. But I do not have a direct answer for that right now. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right, thank you, Honourable . . . any other Honourable Members —
The SpeakerThe SpeakerWell, I just want to find out whether any other Member cares to speak, and then . . . Dr. Gi bbons, there is no one . . .
The Hon. Dr. E. Grant GibbonsOkay. Thank you, Mr. Speaker. I move that the draft regulation be approved and the message be sent from this Honourable House to His Excellency the Governor.
The SpeakerThe SpeakerAll right. Thank you. Dr. Gibbons has moved that the draft Regulations, to be amended to 2017, be approved, and a message be sent to the Governor. Are there any objections to that ? There are none. So the Regulations are a pproved and a message will be sent to …
All right. Thank you. Dr. Gibbons has moved that the draft Regulations, to be amended to 2017, be approved, and a message be sent to the Governor. Are there any objections to that ? There are none. So the Regulations are a pproved and a message will be sent to the Governor.
[Motion carried: The Casino Gaming (General R eserve and Casino Taxes) Regulations 2017 was ap-proved.]
The SpeakerThe SpeakerThat completed Order No. 15. Order No. 16 is consideration of the Casino Gaming (Casino Fees) Regulations 2016, and this is also in the name of the Minister of Economic Deve lopment, Dr. Gibbons. REGULATIONS CASINO GAMIN G (CASINO FEES) REGULATIONS 2017
The SpeakerThe SpeakerAbsolutely. Carry on, Dr. Gibbons.
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. As before, as this is Regulations, I will pr oceed to go through the clauses as well at the end of my initial comments. Mr. Speaker, I am pleased to introduce the Regulations entitled the Casino Gaming (Casino Fees) Regulations 2016 on behalf of the substantive …
Thank you, Mr. Speaker. As before, as this is Regulations, I will pr oceed to go through the clauses as well at the end of my initial comments. Mr. Speaker, I am pleased to introduce the Regulations entitled the Casino Gaming (Casino Fees) Regulations 2016 on behalf of the substantive Minister of Tourism, Transport and Municipalities, the Honourable Michael Fahy. Mr. Speaker, these Regulations are made pursuant to section 196 of the Casino Gaming Act 2014 and provide for the procedure, time and pa yment of the fees payable by casino operator pursuant to the Act. Mr. Speaker, the Casino Gaming Act 2014 was enacted with the aim of enhancing investment and employment in Bermuda through the introduction of integrated resort casinos. As Honourable Members are aware, the Bermuda Casino Gaming Commission was established in 2014, and is responsible for advi sing on the development of policy and for regulating casino gaming activities in Bermuda. The Commission has advised the . . . to attract interest and investment in its integrated casino resort sector must be considered in the broader co ntext of the offerings available in other jurisdictions, the scale of our tourism market and competitive forces. To be successful Bermuda must ensure a favourable tax and fee environment. While Bermuda should not look to the int egrated casino resort industry as a panacea for its fis-cal issues, the Government should also not be burdened by the expense associated with introducing and regulating the casino industry. In this regard, the fee structure proposed in these Regulations has been designed to offset the expenses of establishing a sound and credible regulatory environment and ensur-ing a funding stream that facilitates the introduction of the industry. These fees are, therefore, designed to ensure that there is a credible funding mechanism in place to develop a viable and productive problem gambling infrastructure before the first legal bet is made. In a ddition, the fee structure is designed to ensure that Bermudians will have access to effective local training environments that will assist them to acquire the req-uisite skills for participation in the industry. Mr. Speaker, with respect to the comparison of Bermuda’s fees with our neighbouring and possible competitor jurisdictions, the granting of a casino l icence in Massachusetts is $85 million, Pennsylvania is $50 million, and the fee for Singapore is approx imately $17 million paid annually. These Regulations are clearly in accord with the stated public policy goals of the 2014 Casino Gaming Act to increase emplo yment investment and to enhance the tourism product of our Island. In terms of the clauses, these regulations make provision in respect of the fees to be charged by the Bermuda Casino Gaming Commission. Clause 1 is self -explanatory. Clause 2 provides for the interpretation of certain terms, such as “applicant,” “casino licence,” “cas ino tax,” “Compliance Committee,” “investigation,” “provisional licence,” and “reimburse.” Clause 3 applies where the fee is stated as reimbursement, or where a person is stated as being liable to reimburse the Commission, and provides that an applicant shall pay to the Commission a deposit for such further funds in a specified manner. The Com-mission may pay from the deposit all sums incurred in relation to the investigation. Following the determina-tion of the application, the Commission shall certify the total cost and provide a general breakdown of the costs which in the absence of manifest error shall be final, conclusive and binding on the applicant. If the amount stated in a certificate is higher than the amount paid, the Commission may require the appl icant to reimburse the excess. Where the amount is less than the amount paid, the Commission shall r eturn the balance to the applicant without interest. Clause 4 establishes that the fees to be charged are set out in a Schedule to the Regulations. Clause 5 stipulates that an applicant for replacement licence shall pay the fee specified in the Schedule and be liable to reimburse the Commission for the cost of any investigation undertaken as a co nsequence of the replacement of the licence. Clause 6 provides that in addition to any fees payable where the Commission undertakes any investigation of suitability checks at the request of, or on the application by a person, that person shall be liable to reimburse the Commission for the cost of such i nvestigation of suitability checks. Clause 7 prescribes that all fees are nonrefundable and shall be paid by direct transfer into the 412 3 February 2017 Official Hansard Report
Bermuda House of Assembly Commission’s account, or as directed by the Commi ssion. Clause 8 states that if an applicant fails to comply with the requirements to pay fees, the appl icant commits an offence. Where an applicant has not made payment of any fees payable, not due to wilful neglect or default, the Commission may accept pa yments of the sum due with or without a penalty of 10 per cent of the amount due for each month, or part thereof , when the default occurs. Where payment is accepted no offence is committed and no disciplinary action can be taken. A person is not guilty of an of-fence if he took all reasonable steps to avoid committing the offence. An offence committed under this regulation makes a person liable on summary conviction to a fine not exceeding $10,000, or to imprisonment for a term not exceeding six months, or to both. Clause 9 stipulates that the fee or penalty payable under these Regulations shall be a debt o wing to the Commission and any proceedings for its recovery may be brought by the Commission as a civil debt in the Court of Summary Jurisdiction irrespective of the amount so payable. A certificate signed by an officer of the Commission shall, subject to manifest error, be conclusive evidence of the sums due and unpaid. Clause 10 provides that $150,000 of the pr ovisional licence issue fee will be given to the Problem Gaming Advisory Council to provide training in pro blem gambling, to treatment professionals , and f or marketing and community outreach programmes relat-ing to treatment and harm mitigation or other activities specified by the Commission. This clause also pr ovides for the special allocation of the amount of $250,000 to be provided to educational facilities or such other bodies in Bermuda to provide educational and vocational training for employment of Bermudians at a casino or relating to gaming generally. Clause 11 provides that when a casino l icence is granted, the owner of an integrated resort on behal f of a casino operator shall be liable to pay the Casino Licence Issue Fee set out in the Schedule, and a licence shall not take effect until such issuance fee is paid in full. The owner of an integrated resort shall pay an Annual Casino Licence Fee, as per the Schedule, and shall be entitled to a deduction equal to the casino tax paid in accordance with the Casino Gaming (General Reserve and Casino Taxes) Regulations in the 12- month period for which the annual licence fee is payable. The maximum discount m ay be up to 100 per cent of the Annual Casino Licence Fee. The Commission shall certify any applicable deduction and in the absence of manifest error it shall be conclusive evidence of the deduction amount. The Schedule sets out the fees payable, which are in addition to any requirement to reimburse the Commission for the cost of any investigation pur-suant to the Act or any regulations. The fees are pa yable as follows: • Casino Licence Application Fee, $600,000; • Provisional Licence Issue Fee, $1.4 million; • Casino Licence Issue Fee, $1 million; • Annual Casino Licence Fee, $1 million, less the applicable discount as a proportion of the gross gaming receipts; • Replacement Licence Fee, $100.
Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, very much, Minister. D oes any other Member care to speak? The Chair will recognise the Honourable Member from constituency 31, the learned Member Crockwell. You have the floor.
Mr. Shawn G. CrockwellThank you, Mr. Speaker. Mr. Speaker, I may sound repetitive, because I have some of the same observations that I had on the last set of Regulations. But let me just first of all say, I have said before that none of us in this House are experts in this …
Thank you, Mr. Speaker. Mr. Speaker, I may sound repetitive, because I have some of the same observations that I had on the last set of Regulations. But let me just first of all say, I have said before that none of us in this House are experts in this area. This is a brand- new industry being introduced, and we have had some form of gaming, unsophisticated forms of gaming, historically, and we have done pretty good. We have not had any major incidents. We have had Crown and Anchor for as long as I can remember at Cup Match. And, of course, we have had an interesting and checkered history with gaming machines in this country. And now we are introducing casino gaming. As people know, I enjoy (I have not won much lately) putting a wager on my Liverpool every now and then, Mr. Speaker. I have had a bad six weeks, Mr. Speaker!
The Spe aker: Honourable Member, you need to put some money on Tottenham Hotspur.
Mr. Shawn G. CrockwellSo, we have had gaming in Bermuda for a little while. But this is a whole dif ferent beast. And, as I have said before, casino gaming is the most regulated industry in the world. And if som ething goes wrong in relation to this it can have a substantial …
So, we have had gaming in Bermuda for a little while. But this is a whole dif ferent beast. And, as I have said before, casino gaming is the most regulated industry in the world. And if som ething goes wrong in relation to this it can have a substantial negative and deleterious impact on your juri sdiction. You will know, Mr. Speaker, with the anti - money laundering legislation in this country, we are very concerned about ensuring that we remain a clean jurisdiction, because we are a jurisdiction that relies heavily on insurance and reinsurance business. So, I have always said that we have to get it right, and, at the same time, we have to make sure that we create something that is suitable for this jurisdiction.
Bermuda House of Assembly I am not an expert, but I was involved with this from the inception and I had the opportunity to meet with various individuals, travel to different jurisdictions , and I am surprised by the fee structure that has been proposed by the Government, because that is not what I was receiving at the time when I was the Mini ster. Again, let me say that the terms of reference of the advi ce that I was receiving was predicated on what the Government was trying to achieve. And the Government was trying to achieve an opportunity for hotels to attract operators to come to Bermuda to offer casino gaming to stimulate tourism. It was not the i ntent for this to be a large revenue stream. But of course, make no mistake about it. It is a profitable business. And of course, the Government needs to tax it accordingly, and the Commission needs to be able to be self -funding, because this should not have a negative impact on the bottom line of the Gover nment. It should have a positive impact. So, no question that we have to have the right tax structure. We just passed those Regulations. It is going to be 10 per cent of gross gaming revenue. And now this i s another form of raising revenue—the fees that will be levied on the operator. Now, we can come here and we can say we are going to levy these fees. I did not hear, or was it intimated from the Minister who presented, whether or not he sees these as high, as moderate, or as low. He used some other jurisdictions as a comparison. But I say that he was comparing apples with oranges to a certain degree. I was glad that he used the Singapore model because at least he compared to what Sing apore is charging there, because Singapore all of a sudden for some reason has become a dirty word when we talk about casinos, when it was the gold standard when I was involved. Everybody referred us to Singapore. The former administration went over to Singapore. Singapore w as the place, and now, all of a sudden now Singapore is naughty and we should not be trying to model ourselves after Singapore. Yet we are going to compare what Singapore charges to what we should be charging. And the fact of the matter is, we cannot compare the two for the very reason why the Commission has abandoned the Singaporean model, because the traffic they get over there in Singapore is unbelievable. The Asians gamble. That is what they do; that is their choice of entertainment. So, you have the two casinos over in Singapore making extraordi-nary money in their revenue, extraordinary. When I was there with the former Attorney General, there was one person who was there who had . . . my recollection is that he had a $20 million line of credit there. And it was interesting at the time because we were with the CEO and the CEO said, Well, right now the casino . . . we’re down a couple million on his current trip. But we expect to get that back and make a profit before he leaves. But that is the type of stuff that they are dealing with over there. That was never the intent of the jurisdiction here. No gaming whales like that , as they are called, would be interested in coming to little old Bermuda to go casino gaming. He has far too many other attrac-tive destinations to go. The casinos in this country were designed to be amenity casinos for hotels to provide entertainment, to provide some revenue, and to help augment our product. So, here we are. And the advice I have r eceived, Mr. Speaker, was that $1 million should be your ceiling, should be the highest you charge for a casino licence. Now, let me say that we were in the investigation stage. We were asking people’s advice. People had to go and crunch numbers, look at our current traffic, our prospective traffic, what they thought the casinos would be able to do while they are here. But I can tell you that every time I was pushing the question, What is an appropriate casino fee? I was coming back with numbers between $500,000 and $1 million. So we would come back with something more concrete, Minister. I am talking about these were our consultants. I know that some of them are still under contract with the Commission and with the Gover nment. So I would like to know, but I was looking to hear in the brief was where did these numbers come from? Are these numbers endorsed by the consultants of the Government? Casino experts around the world? Are there numbers coming from the Commission itself, because it has a few experts on its staff? I would like to know where the numbers are coming from, because I have had conversations with experts in the industry and they have told me, multiple [experts] have told me, that it is too high, it is prohib itive, and it will be a deterrent. So, listing off Maryland and listing off Singapore does us no good. I want to hear some comparisons to Aruba and other more compatible jurisdictions, Mr. Speaker, because I was in Maryland, and I can tell you that the casino in Mar yland was done so well and they had . . . when that first casino opened, they had a moratorium on issuing any other licences and because there were no other cas inos in the near vicinity, people were coming from far and wide. That casino was making millions of dollars per month in profits. We are not going to have t hat experience. So, Mr. Speaker, those references are really not appropriate. I have been told that this is too high and that it will be a deterrent. And if that is the case, we have a problem, because it runs contrary to the whole pur-pose of introducing casino gaming to our jurisdiction. It is not going to entice operators to want to come here and set up. In fact, I was told today by someone in the industry that it costs around $10 million to completely and totally outfit a casino from scratch. And if these figures . . . you are talking about around $3 million, these figures will represent 30 per cent of those initial 414 3 February 2017 Official Hansard Report
Bermuda House of Assembly costs. Prohibitive, too high, they will go somewhere else. Is that what we are trying to achieve? Now, you look at this, Mr. Speaker. This is my understanding of how the process goes, and it has become very convoluted. You start off with a desi gnated site application. So we have already approved two sites as designated casino sites in our jurisdiction. They paid $50,000 for a non- refundable application. Then, it seems as if it is required for that applicant to apply for a provisional licence, which is now mandated in the process to obtaining a casino licence. And that is a $1.4 million non- refundable fee. And there is no guarantee that once y ou get a provisional licence you will, indeed, obtain a casino licence. No guarantee. The Act allows for, and I believe it is section 14 . . . no, I’m sorry, 32A(7) of the primary Act, allows the Commission to revoke a provisional licence under cer-tain conditions. So, after the provisional licence is granted, and the $1.4 million is paid, if the applicant or the operators are not deemed to be suitable, then they will be denied the casino licence and their $1.4 million is gone in the wind. Then, there is a $600,000 casino licence application fee that is non- refundable. And then if you meet all the suitability requirements, you pay a $1 mi llion casino licence fee, and if there is any investigation (this is my understanding now) and due diligence is required, the Commission will then require the appl icant to provide a deposit of a specified amount, it could be $200,000, $300,000) to be used for that pr ocess. So in addition to the $1.4 million, the $600,000, you might have to come up with another $300,000 or $400,000 for the Commission to use to investigate you. I would have thought that would have been in the application fee. And then you have the tax, the 10 per cent tax, and the $1 million fee. And then you can of fset the tax against the fee. It is convoluted, it is risky, a lot of fees that are non-refundable, no guarantees. I wonder , has Desarrollos paid $1.4 million for his provisional licence. Just wondering. If they have, then I will be very encouraged, because they will be bullish on their views as to whether or not they are going to obtain the casino l icence. But this does not resonate to me as being e nticing for an operator to say, That looks like something I want to go through. I want to risk $2 million ($1.4 million for provisional licence; $600[,000] for the cas ino application) non- refundable, and then I could be told ‘no.’ And in this business . . . make no mistake about it, in this business the folks who are doing well, that is nothing to them. But we are not going to, d espite the efforts of the Gaming Commission, as some think they were ill -conceived efforts . . . we will not have Caesars Palace in Bermuda. And we need to get back to what we started with in this industry. We are not going to have the top dogs coming to Bermuda. We do not have the traffic. We simply do not have it. That is not why we created this industry. There will be smaller and lower -level operators who will be interes ted in Bermuda. That is a fact. And the problem we have had is that the v ision of this Government in relation to casino gaming in this country has been hijacked by the Commission. And that was wrong. It went from amenity casinos, which we should be able to regulate and create and govern without much problem, to what appears to be, based on the utterances of the executive director and the Commission, some grand casino jurisdiction, and that is not what we started out as, and that is not what we can achieve. So I believe we are going down the wrong path, Mr. Speaker. I believe we are going to be here next year, no casinos, having this same debate, which is a di sservice to this community. We have been mucking about with this issue instead of getting . . . there have been opportunities, there have been proposals, there has been technology put on the table that could have gotten things done. But we have had the vision hijacked. And I said it to the Government when I was the Minister —we need to take it back and control this thing because it is going out of control, Mr. Speaker. And I believe that the evidence of it being out of control is in these fees, because this was never what was contemplated when I was there. So how you go from a maximum of $1 million, and you triple that . . . you triple it . . . that is just based on the fees. And then, of course, the operator will be paying the annual tax and the annual fee. Mr. Speaker, I think that we are coming off the rails here and somebody needs to get us back on track. Something has gone wrong, and I have difficulty because I am waiting for someone to tell me where the numbers came from. Give me some justification for what we are passing today, because I have talked to at least three experts. One gentleman has been in the industry for over 40 years, very successful. Each one of them raised the same concern, You will not get any operators there based on that structure. So, I came here today hoping that the Minister and the Government would persuade me otherwise by telling me that their data and that their experts have said otherwise. But I have not heard that. I have not heard it, and I am certainly not just going to accept it be-cause the Minister has put it forward. I need some more compelling details, Mr. Speaker, because I have concerns, and it does not make sense to go down this road and getting it wrong, and then have to come back to fix it. So, if the Minister has that information, if the Minister can tell me that this was the recommendation from Spectrum, or from the Innovation Group, or from Gaming Laboratories, then I will feel a bit more at ease. But it is in conflict to what I have been told, and it is in conflict to my exp erience as the Minister and the advice I was getting at that time. So I have to ask the question, why has it changed so substantially? And are we, Mr. Speaker,
Bermuda House of Assembly still on the path to achieve the objective that we set out to achieve? I did not dream, Mr. Speaker, that we would not even be close to opening our first casino in 2017. I did not dream that. It was always the ambition that we would have one up and running by the summer of 2017. And we are not even close. So something has broken down, something is wrong. I say to the Go vernment that I have serious concerns about suppor ting this fee structure because it has not been present-ed to me that this would get the operators here and would get this industry up and running. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable and Learned Member Pettingill. You have the floor.
Mr. Mark J. PettingillThank you, Mr. Speaker. Mr. Speaker, I will start by saying, and I di scussed with the Minister presenting the [Regulations], and also he discussed with me. I am conflicted in the sense that I have a number of gaming operator cl ients, or have had, and still have existing …
Thank you, Mr. Speaker. Mr. Speaker, I will start by saying, and I di scussed with the Minister presenting the [Regulations], and also he discussed with me. I am conflicted in the sense that I have a number of gaming operator cl ients, or have had, and still have existing clients in r elation to the industry in Bermuda in my, obviously, pr ofessional capacity, which I think helps with regard to some of the things that I can address because obv iously the people that I deal with and have dealt with for the past couple of years know the industry ex-tremely well. So me have even spent a considerable amount of money researching it in Bermuda. So, my learned friend and legal partner, Mr. Crockwell, hits the nail on the head in any number of places about the concerns that are raised here. But, Mr. Speaker, I wish to reiterate stat ements that I made some other time with regard to the Gaming Commission’s empowerment criteria, because Mr. Crockwell is right. I share the view that the vision of gaming in Bermuda has gone off track, has taken a different turn from what it was. And I verily believe in my assessment, and, certainly, that of the professionals that I have been involved with, that we should have been up and running, that we could have addressed certain things with regard to the taxing sy stem, that there were systems proposed that would have worked, and that a number of concerns could have been put in place. What happened was that the site of the real Bermuda model . . . and let me talk about the Singapore model, again emphasising what Mr. Crockwell said, it is apples and oranges. We are talking about economies of scale. Nobody was saying to implement their whole system in Bermuda, because that would be an incredible nonsense. So let us consider the sum of the Gaming Commission’s empowerment criteria. 1) “Owner s, ven dors, managers, employees, and sources of finance should be free from any inap-propriate past or present associations and behaviours, and uphold high ethical standards.” That is what a Commission does. It looks at who is coming in. And let me pause there for a second. Why that should be an easy greenlight in Bermuda is because we are dealing with small cas inos, comparatively, to anywhere else, in like Vegas and these types of places. We are talking about small boutique amenity casinos, limited floor space and access. So one would hope that the people coming in are going to have, effectively, the gaming pass in hand because they are qualified operators in other jurisdictions, like my clients, and they have been through all of the due diligence, they have been through all of the screening. Commission] are able to look at them and say, This is so -and-so operator; they passed Nevada (or wherever else in the distinguished jurisdiction , could be in the UK), yes, they will pass muster here. Not a big job to do, to check those cr edentials. 2) With regard to empowerment, the casino “should possess sound operational and financial controls.” So, all that information is there. We are not r einventing the wheel. Those things were there to be done and were presented. “Games offered should be fair, honest, and . . . with a high level of security and integrity.” All the that stuff is there to be implemented. It is not some magical, Oh, it’s Bermuda, and now we have to rei nvent these things, they have been done for many, many years at a high level in other places. That is why you hire experts to come in who have the expertise from other jurisdictions to say, We have done this and we will implement it in your small casino operation in Bermuda. Fees and taxes should be appropriately accounted for and paid. Well, the systems in place to do that. That is not reinventing the wheel. They do that all over the world. This industry has developed to high tech, highest high tech. Those systems are just a case of going and shopping for them and saying, Here is the one that we need for our small boutique operation in Bermuda. I have serious concerns, I have had them for some time, that the Commission is not operating wit hin its remit. And part of that remit was to get this thing done. The concept that was raised that the Commi ssion suggested $25 million per year regulatory fram ework and 10 years for industry implementation (that is what was said), is, in my assessment, absolute nonsense. Twenty -five million [dollars] per year regulatory framework —for Bermuda? That is the reaction from the people that I am dealing with. I digress for a second. One of the leading experts in this industry who is a fellow member of the International Association of Gaming Advisors —I re - emphasise again, I am the only person in the country who is a member of that organisation. I talk to them all the time about who is doing what and what we are doing in Bermuda. They are aware as to what is going on. For the type of casinos that we are looking at do416 3 February 2017 Official Hansard Report
Bermuda House of Assembly ing at any number of locations, you are probably looking at a $10 million build- out for that casino. So, the idea that somebody is going to pay $3 million tax on that up front, or $3 million up front to then build a c asino for us as an amenity is not going to fly. You know, I have said, show me who signed up for that. Not people who have said, Oh yeah, I’d be interested and that’s fine and I’m coming. No, but my clients have passed on Bermuda because it does not have the traffic. So, what we need to have, and pe ople will b e interested in this, is the amenity resort c asino that complements the tourism industry. And that is of a particular size to meet a particular —
The SpeakerThe SpeakerJust a minute, Honourable Member. I am going to have to tell Members that they are going to have to sit in their seats, because I am being blocked. I mean, people are moving in front of the person who is speaking, and you know this should not be happening. …
Mr. Mark J. PettingillThank you, Mr. Speaker. As I us ually would say in court, you have a note of my last comment? That’s okay. I’ll work on it. So, the point is that with that type of inves tment into a boutique casino in a jurisdiction that is untested, untried, with the …
Thank you, Mr. Speaker. As I us ually would say in court, you have a note of my last comment? That’s okay. I’ll work on it. So, the point is that with that type of inves tment into a boutique casino in a jurisdiction that is untested, untried, with the airlift that it has, with the traffic that it has by way of individuals, is something of a business risk, an ov er-intensive thing, like, Oh, cas ino business. Great! Get in it, make a ton of money. Because casinos go bust. Casinos go bust. And smaller casinos can go bust really quick. So, there is risk involved in what they are setting up. Now, how you get those operators here is something else that I have to raise that I have seen as the Commission having what I regard as a significant conflict of interest. Your regulators should not be en-tertaining your potential operators; they should not be meeting with them. They should not be encouraging them to come to the Island. They should not be hanging out with them. That is not their remit. That is not the remit of a regulator. And anybody internationally that knows regulating the business knows that. Their remit is what I set out in the beginning to ensure that that criteria, that what they are empowered to do is what they do. They are not here to say, Oh, here is a new conce pt, we’ ll build a wind designed hotel and make it a Baha Mar destination resort, or Paradise Island . . . that is not the remit of the Commission. I find it absolutely stunning that they are ope nly admitting that they are meeting with operators and saying, Oh, come to Bermuda and do this and do that, and one particular operator in particular. Numerous overseas meetings with potential operators is not ap-propriate for a Commission, and is outside of its remit. The Government should be doing that. The Tourism Author ity should be doing that. People in private practice, like myself, should probably be doing that, and explaining what the regime is and what the set -up is and say, Come to Bermuda. I have been doing it, and people have been looking. But there are lines that should not be crossed, and I have a significant co ncern that those lines have been crossed. And it does not then help when you get down to, suddenly, here is the price you want to set on coming and doing business in Bermuda. I think the changes to the Gaming legislation is outside of the remit of the Commission. That is a matter for the legislators — us! They have not been empowered to re- engineer the Gaming Act. And let us be clear on this. We spent a lot of money —well spent —on having advice from top international advisors. And one of them in particular (I will not name them, but I know did a review and did work here, and then did the review and worked for private clients) does not see the sensibility in the types of numbers that are being pulled out of the hat, especially the up- front fee. Their assessment is the $1 million annually is high, the 10 per cent tax is not going to make anybody cry, that is within the realms of reality, but the up- front stuff, when you have somebody coming in having to do that type of build out is not attractive. We have to navigate the waters of what we do with regard to ensuring that everybody is vetted, that everybody passes the right criteria to be here, which is not a complicated thing to do because it has been done in so many jurisdictions, the model and the ex-pertise and the understanding is there for doing that, especially if you are inviting operators to come and be here that already passed muster in some really, really strict gaming jurisdictions. A lot of it is based on floor space and gaming positions. So I can tell you, Mr. Speaker, and I will just put this out for a second, this is a fact, in Las Vegas, the annual tax on 16 table positions in a casino is about $64,000. Now, they have thousands of pos itions. So you can see where they get their money. We are not having thousands of positions to gain that. It will be limited floor space because we have limited size. We do not have big, mega hotels, and we are not going to have big, mega casinos with big, mega floor space. And nobody in their right mind who knows the business is going to come here—and it is no slight on us —and build a big, mega hotel with a big, mega casino as one of those positions. They are not. That is not what Desarrollos is. It is going to provide a great amenity to what is going on in St. George’s. It is not going to set the gaming world on fire. So, when one looks at it through the looking glass of what we are actually looking to do, and starts talking about from the Commission $25 million a year to regulate, and 10 years to get in place, the people in the business are going, Really? How do you figure that? You know, gaming industries in big places get set up and they can take a few years. It took a few years in Singapore. But they are 10 times the size
Bermuda House of Assembly with what you have to do. The build- out takes that much longer, and these types of things. We need it to get up and going. We spent significant time and ener-gy in getting the initial legislation together, Mr. Speak-er. And it was entirely workable. The public campaign-ing by the Commission and the lack of progress does not si t well with me. A lot of things (I am listening) do not sit well with me. I think the Commission regulator should be seen and not heard, like a good judge. You do not see judges running out standing there making public statements about the cases that they sit on. Politicians do that. The debates we have, sure, we love that stuff out in the paper and all the rest of it. That is not a role for a regulator, a commissioner, to be out doing interviews and saying, Oh, you know, we could bring this person here, and criticizing politicians for undermining things. That is not the role. You should be seen and not heard. You should certainly not be seen and not out with the people that are pote ntial operators. And do not take it from me. Go and call up an organisation like the IAGA [International Association of Gaming Advisors], or other regulatory operations and ask them where the line should be and what you expect for a regulator and a commissioner to be doing in relation to your gaming industry. There were numerous site visits that were done with casino operators, jurisdictional regulators, specialised gaming industry consultants and vendors in the gaming machine industry in Bermuda to look at what we needed to do. There were papers and opin-ions that were written with regard to what we could do. I know; I wrote one of them. And it was well r esearched, well looked into and on advice, because I was not holding myself out to be the guy, you know is kind of a rookie in the business, without doing som ething like that without advice, people that came here and looked here and looked at the position. A lot of that, not my opinion, but a lot of the insights, certainly, was presented to the Commission that we have in place. So, it astounds (I think is the right word) Members like myself and my learned friend, Mr. Crockwell, when all of that information is there to be reviewed and you are still going off on a different track. You still seem to be having your own agenda on what it is that you want to do, and, seem-ingly, wanted to take 10 years to do it. We got greatly criticised for bringing a referendum. There was support for that on the other side, you know, there was some criticism about the way it went about. Okay, but, you know, we did that. And I heard this from Members on the other side, and on this side, because the view was, Let’s get on with it. Let’s get on with it. And now we are four years down the road and we are hearing about, Oh, we are going to do this; we are going to do that; we are going to spend this much money . . . a lot of these things . . . Look, when I was Attorney General, and I say this as a senior lawyer with people who work with me and stuff like that, certainly, when you are doing legi slation . . . and my honourable and learned friend, Mr. Scott, has been there, and my honourable and learned friend, Ms. Wilson has been there. I think they would probably join me on this. When you have som ething that comes up, my advice has always been, Go and find me the best model in the world and let’s pl agiarise it and make it fit for what we need. Nobody wants to reinvent the wheel if you can find a good model and something that works somewhere else, especially a similar size jurisdictio n. That is how you make things work. That is why when you look at so many of our laws . . . there is a similar law in other jurisdictions. They nick ours sometimes. You will see it somewhere down there, and it will be like, Oh, hold on a second. That looks a lot like what we did in Bermuda. Of course it is! It is a modern world. You go online, you look it up. Let’s implement that. And that is how you progress things, especially in laws . You have precedents. It is the same in the gaming industry. We are not reinventing the wheel; we are just doing it in Bermuda. And there is nothing glaringly special about that. It is just a smaller scale. And one would think on a smaller scale, as it must be, it would be quicker. It would be that much easier to do. And the Government has wanted to do that. What has gotten in its way? It has to deal with the Commission who says, Oh no, we have to do this, we have to do that, we have to spend $25 million. We have to have (my f avourite one) 150 regulators. Remember that line? What? You cannot be serious. You have lost the plot. So then, we come along and we get to the point today where you see a situation of, Oh, this is the money that we want potential operators —potential operators —to spend. I do not see any bottom line d eal saying where anybody rolled up and said, I’m fine with that. I have heard there is no pushback from particular people. I can tell you that from the people who I spoke to, there is pushback . The amounts and the fees have not been received well. They ar e looking at it a bit like a hotel concession where they say, Well, hold on a second. You want us to come to your juri sdiction and spend our money to set up and enhance your tourism product, and you want us to spend how much? And do all the build- out (whic h is probably going to cost more than it does anywhere else. They have said $10 million, that was the advice that I got for one par ticular place. That is just the build- out in your existing place, right?) and then you want us to spend this much on up- front fees? Really? We have to spend $50,000 on a designated site application. We have to jump through hoops . . . the Commission . . . 418 3 February 2017 Official Hansard Report
Bermuda House of Assembly There you go. It is like, make work. We have got to do this ; we have got this , and we have got to do this. And things have to be done, and they have to be done properly, and they have to be done right. But that does not mean that in a jurisdiction our size that they cannot be expedited. So I do not quite get when I know it costs $64,000 a year plus some of the taxes, but they are like $125 per month per table, those types of taxes. In Vegas, Nevada, there are different scales for different sizes of oper ations, if you will. It is like 16 for so many tables. But that is the type of num-bers you are talking about. And then they ha ve tax positions as well. We want to attract top -drawer operators (when I say “we,” not the Commission, they should not be attracting anybody; they should just be doing their job). “We” as a Government, “ we” as a Parliament, “we” as people interested in the industry want to be attracting people and going out and trying to get them to do business here. That is the hotels’ business to do that. The hotels should be going out and finding oper-ators and getting the lawyers on board and talking about Bermuda. And maybe once they get that done they might want to have a meeting with the Commission, maybe, in relation to certain things. I can see that. But I am not so sure, and I would like to see some justification . . . As I said, I have declared my interests. But I have to speak on this, and I have to speak in the way that I am speaking on it because, in my assessment, this is the view . And then we have to get on and do this, and maybe that is where other Members are on the side, because they do not want to be obstructive and not get it done . It is not a rise - and-report thing ; this is the Regulations. But I would like to have seen the justification for the front end on the numbers. And I do not want to hear just from the Commission, like, Oh yeah, we don’t have any pushback on that , because I got a di fferent version from people in the industry who wanted to know how we arrived at that position. You threw at a dartboard somewhere, and said, like, Oh, we’ll go in the middle, this is Bermuda. Has there been an assessm ent done on the gaming positions and how big anything is going to be, a comparative analysis of where it is anywhere else to arrive at $1 million? I mean, that is a conve nient number, isn’t it? Ah, a mi llion dollars. A conven ient number. We will just pull out $1 million and say, ‘There you go.’ These are business people. And yes, maybe they are in the business to make money. But there are risks involved in this business. They are responsible for doing a lot to set up an operation. And when you go into a new place, Mr. Speaker, it is going to cost you a lot of money. We are not doing them a favour. We are not. So, whilst we have to meet all of the i nternational standards, and I believe we have by what we have set up, we have to draw very clear lines on who does what so that we are a white hat jurisdiction, so it does not look like, Well, why is your Commi ssion meeting with your operators? And now they are sitting and saying, Well, they should get a licence or they should not. We should not have any of that. That is not the way it works. There has to be independence. It is like the difference between parliament, the judiciary, and how those branches work. The same thing with gaming. That is why we always said when we were doing this —and Minister Crockwell and I were emphatic about this, and Honourable Members on the other side know too —we have to have an independent Commission. There were not going to be any gover nment ministers handing out licences. Other lesser j urisdictions have run afoul of that. That is li ke from back in the 1970s, Las Vegas, the Goodfellas , and Casino , and all that stuff. Everybody learned their lessons from that. We have to have an independent o perator doing an independent job, which is what I set out at the opening of my speech. That is their remit. So now, justify these prices, because my concern is this: I said it here, and watch that we do not have to come back, like my honourable and learned friend said, and do it again. Let us see how many o perators now sign on the dotted line to sa y, Yes, now you have your designated site application, hotel, and we are signing up as your operator. We are prepared to pay those fees. We are prepared to pay that tax. We are prepared to say we will sign on for a million dollars a year. Because that is what the Regulations are that you have put in place. What I would rather have seen would have been an operator coming along saying, Right, we’re coming in. This is what we think is fair and rea sonable. We know there is going to be a tax. And a tax is a good position. I know there is some claw back on this position as well. But a tax is a good pos ition, because you know what you are doing. You make $10 million, you are taxed $1 million. If you make $1 million, you are taxed $100,000. You know? It is an easy number to say, Yes, risk assessment, business a ssessment, build- out $10 million, okay, we can do this. This is the degree of traffic, these are the numbers, these are the positions. This is how the gaming indus try works, by the way. That is what they do. T hose are the asses sments on what you do. I have not seen that assessment with regard to these fees for this jurisdiction. When I saw them it was just, candidly, a bit of a jaw drop saying, Where did they get that? And what did they compare that to? So, I h ave significant concerns. Everybody knows what I do. And one of the areas I practice in is in this industry, and I have clients. And as I have di scussed i t with you, Mr. Speaker, I have appropriately declared that. But I have to say this, despite the fact that conflicts are what they are. It is a conflict. But that is my view and my assessment .
Bermuda House of Assembly I am not speaking on their behalf on this. That is my view and assessment of my con cerns with r egard to what the Commission—
Mr. Mark J. PettingillI will take my seat. I have just about nearly two minutes. Those are my concerns. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 30. Hon. Zane J. S. De Silva: Twenty -nine, Mr. Speaker.
The SpeakerThe SpeakerTwenty -nine. Hon. Zane J. S. De Silva: Twenty -nine, yes, formerly 30. [Inaudible interjection] Hon. Zane J. S. De Silva: Oh, oh, oh, I’m sorry, Mr. Speaker.
The SpeakerThe SpeakerYou do not want to speak, t hen? You are not going to speak? Hon. Z ane J. S. De Silva: I am going to yield to . . . Sorry. Sorry, Mr. Speaker. [Inaudible interjection]
The SpeakerThe SpeakerWell, I know not to call you next time. The Chair will now recognise the Honourable Member from c onstituency 6. Hon. Wayne L. Furbert: Thank you, Mr. Speaker.
The SpeakerThe SpeakerHe gave you an oppor tunity to speak ; that is not a good thing to do. Not a good thing to do. Hon. Wayne L. Furbert: I am glad my colleague gave me an opportunity to go before him. I appreciate that. I know he is not feeling well, …
He gave you an oppor tunity to speak ; that is not a good thing to do. Not a good thing to do. Hon. Wayne L. Furbert: I am glad my colleague gave me an opportunity to go before him. I appreciate that. I know he is not feeling well, so I will not be long. I know that he needs to get in his bed and get some rest. So I will not be long. As I said, Mr. Speaker, I know my colleague . . . the reason he did not want to speak is because h e is not feeling well. But I will not be long, so he can have the opportunity to speak and get home and get in his bed. Mr. Speaker, the reason why I sat back here, and it was important, my view is that casinos do not make a difference to me. In other wor ds, I voted it down. But I had to hear from the visionary what was the intent of what Government’s intent was when they first got involved in this business. I had to hear it from someone, because if you hear from me you will say, as I said, one casino, no casino, that was my intent. So I could not speak on this. So that is why I said, Let me hear something from my good friend, the Honourable Member, Shawn Crockwell, from constituen-cy 31. And he made three interesting points. He said the reason why the Government first got into this new business opportunity, or new feature for Bermuda, was for emplo yment. He said [for] tourism amenity, and for the hotels to be able to make additional fund-ing and for operation. I think that was key. Like I said, if it were me , those things do not play a role. So I had to clearly listen to the Honourable Member. I heard from him a cry to his colleagues, his former colleagues, and he said, Listen. This is not what we di scussed in our room. That’s what I heard. This was not the intent when the 12 disciples sat around the Cabinet table from the very beginning of where we wanted to go. And in saying that this legislation could impede us moving forward, or this Regulation, I should say, could impede us going forward. So I looked at the numbers, being an accountant myself, and I had to ask the question. I have been trying to do some r esearch to find out about other jurisdictions and I asked the Minister earlier today, Minister, tell me some juri sdictions that are very comparable to this Bermuda. And he said, I’ll tell you later on. I was shocked to hear about Pennsylvania and Massachu setts and ot her jurisdictions he named here. But I did not hear him say about Malta and Aruba, and the Bahamas, Curacao. I did not hear him talk about Costa Rica, these smaller jurisdictions. So it was to his advantage to throw out these big numbers of $87 million start up and everything else, to make us think that we are on the right track. I spoke earlier on the first Regulation we brought forward and I said, I have concern about the smallness of Bermuda, about us being able to at tract people here, residents alike, because based on our culture and the ability to gamble, and people who do gamble, and there are a few, and will we attract individuals here to make it workable, in particular in the three hotels, the four ho tels that have been . . . well, I did not mean three hotels, but the four licences that the Minister, or the Governor or the Commission will be giving out. B ecause at the end of the day there has to be, as I heard from other colleagues, a risk assessment getting involved in a business that we do not even know is going to work. There has to be a consideration of any CEO or any business operation to ask them selves, Will this work in Bermuda? So, do we want the vision, do we want the intent of where the Government first started? We must get this right, because there is employment on the line, and our reputation is on the line. We do not need an Atlantic City. As I recall, a few casinos went bankrupt. We do not need that to send a signal that Ber420 3 February 2017 Official Hansard Report
Bermuda House of Assembly muda is not the place of being in operation for cas inos going forward. And it could send ripple effects on ot her business op portunities here. So we have to get it right. I had the opportunity, as the former Minister of Economic Development, to visit Singapore. And, as a matter of fact, one of the pieces of legislation that we talked about as far as . . . when the Minister, when we lost the Government in 2012/13, he brought it before this House. I had the opportunity then, as Minister of Economic Development, not Tourism. And we spoke to a conference. But the Minister brought that forward and he has not talked about legisl ation that was passed in this House in 2013 based on some discus-sions with some of the law firms around here. But I also took the opportunity whilst there to go talk to the casino operators. I am there; I might as well talk to them. That was not the purpose; the purpose was to speak at a conference. So I probably met those same individual s that my good friend, Mr. Shawn Crockwell, the Honourable Member from [constituency 31] spoke to. It is a huge place. As a matter of fact, we put in place this same legislation for the Bermuda Tourism Board. You will all recall that. That was the Singapore model. I said it sounds good to me, let me move with that. It did not have the word “Authority” in it. So I was able to get it . . . the board through. So it worked. So, I thought that the Singapore model was a good model. Again, I am not in that indust ry, so I ca nnot speak too much about it. But, like I said, every industry that comes here, any operators that come here have to consider the risk assessment. If they do not, then there is a problem. I am hearing from those who have been tal king to individuals that we do not have i t right. That is what I hear. I have not spoken to anyone. I cannot speak on that subject. But I am hearing the cries from individuals who had the vision, who had the intent and took it to Cabinet. I am hearing from the Honourable Member, Mr. Pettingill, who has spoken to operators, that we do not . . . this is not going to work. So that makes me pause and ask the question, Are we moving in the right direction? He said that the build- out would probably be about $10 million. That is a very costly operation. And then to put into place $3 million, as far as the other fees the Commission wants. And I would I for the Mi nister to answer if the provisional licence has been paid, $1.4 mi llion, by the St. George’s group, because we gave them a provisional licence. I would like to know if that money has been paid. It is very key. If not, then somebody should go and find our money. But $600,000, $1.4 [million] for provisional licence fee, I know something is going for t he Problem Gaming Council and also for education, as touched on, then $1 million annual . . . so overall, before we even get started, we are talking about $3 million. Is that the incentive? Is that a deterrent from attracting operators here? We have to ask that question. So, we have to think that we may be moving in the wrong direction. Most of these fees that are being charged are non- refundable. I mean, they pay $1.4 million for a pr ovisional licence. I do not know what you do with that $1.4 million. I guess it is a prov isional licence. But what do I get for that besides a provisional licence? And then I pay add itional money going forward on top of that. There is a fee called a deposit fee, wh ere I pay out costs. So, Mr. Speaker, are we moving in the right direction— The S peaker: Just a minute . . . somebody’s . . . is that next to her? [Inaudible interjection]
The SpeakerThe SpeakerYes? [Inaudible interjections]
An Hon. Member An Hon. MemberIt is the office phone next door.
The SpeakerThe SpeakerIs that right? The office phone? [Laughter and c rosstalk]
The SpeakerThe SpeakerYour phone. . . all of your phones. [Laughter and crosstalk] Hon. Wayne L. Furbert: Should I continue, Mr. Speaker?
The SpeakerThe SpeakerYes, carry on. Hon. Wayne L. Furbert: All right. So, I understand the one about the annual casino licence fee, which makes sense, $1 million. And that is as suming that if a person is getting . . . you can wipe that out and how it works here is …
Yes, carry on. Hon. Wayne L. Furbert: All right. So, I understand the one about the annual casino licence fee, which makes sense, $1 million. And that is as suming that if a person is getting . . . you can wipe that out and how it works here is that they get a discount. So the operator makes $10 mi llion a year, the tax fee is 10 per cent. So the annual tax is $1 million. And I am assuming that this annual casino licence fee is paid at the end of the 12- month period, not at the beginning of the 12- month period, and hence, I wipe my fee out. At the end of the day, if I make $10 million I only have to pay my tax fee. But the other fees, Mr. Speaker, to me, based on the arguments by the Honourable Member, Mark Pettingill, from constituency 25, that there is som ething wrong. Mr. Speaker, those are the concerns I am expressing: risk as sessment, the fee is probably
Bermuda House of Assembly too high and the intent or the vision of the Gover nment is not as when they first started. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member care to speak? Shall I, or shall I not? Only because no one else is standing. [Laughter]
The SpeakerThe SpeakerThe Chair will recognise the Honour able Member from constituency 29, MP Zane De Silva. Hon. Zane J. S. De Silva: Mr. Speaker, let the record show, in case it was missed the first time around, that I do give you my most humble apologies for jumping in and out …
The Chair will recognise the Honour able Member from constituency 29, MP Zane De Silva. Hon. Zane J. S. De Silva: Mr. Speaker, let the record show, in case it was missed the first time around, that I do give you my most humble apologies for jumping in and out of our place just now. Though, I do not give any—
The SpeakerThe SpeakerCarry on, Honourable Member, do not dig your hole any deeper — Hon. Zane J. S. De Silva: —to Mr. Furbert, but I ce rtainly give them to you.
The SpeakerThe SpeakerContinue on. Hon. Zane J. S. De Silva: Okay, Mr. Speaker, thank you.
The SpeakerThe SpeakerWell enough. Hon. Zane J. S. De Silva: Mr. Speaker, you know, I had my points all lined up to speak tonight. And after listening to two Members in particular, that being the Honourable and Learned Member, Mr. Crockwell, and the other Honourable and Learned Member, Mr. Pet-tingill, it is …
Well enough. Hon. Zane J. S. De Silva: Mr. Speaker, you know, I had my points all lined up to speak tonight. And after listening to two Members in particular, that being the Honourable and Learned Member, Mr. Crockwell, and the other Honourable and Learned Member, Mr. Pet-tingill, it is obvious . . . and Mr. Furbert too. Let us not forget, because, Mr. Speaker, you know, it is obvious to me, especially after listening to the OBA Member and the Independent, former OBA Member, Mr. Speaker, it is obvious to me that these Regulations should be withdrawn. Mr. Speaker, with regular legislation we can ask to rise and report. But we know that in this partic ular instance no such rule comes into play. So I would think that , hopefully by the time we are done, the Minister might reconsider and bring some changes that have been forthcoming and laid out here tonight. Mr. Speaker, what conce rns me, and what should concern a lot of people in Bermuda today is some of the things we have heard. And let me just run by a few of them. The Commission has lost its vision. The Commission has lost the plot . You have a regulator that is entertaining a p otential operator . And another phrase, We should be up and running. Mr. Speaker, these are phrases by none other than an OBA Member of Parliament and the current Independent Member. And those should be very con-cerning. It should be very concerning to all of us be-cause, Mr. Speaker, it has been four years. We know that the OBA Government ran in their elec tion campaign of 2012 that they would pr oduce 2,000 jobs. And we also know right now that we have about three and a half thousand, four thousand people out of work, Mr. Speaker. One of the things that we talked about when we debated gaming in this House was the amount of jobs that it was going to create, new opportunities for Bermudians. Well, Mr. Speaker, whilst we have a CEO from the Commission that seems to be spending more time on planes going around the world and looking at different juris dictions and looking at different ways in which we can form regulations, our Bermudians are still out of work. Mr. Speaker, the Honourable Member, Dr. Grant Gibbons from constituency 22, said in his presentation that the model that is being formed is a Bermuda model. I have to say, Really? A Bermuda model? We spent hundreds of thousands of dollars of our taxpayers’ money, hundreds of thousands of do llars, Mr. Speaker, investigating ways and means to start casino operations in Bermuda, and to develop regulations. And this is where we are today? Mr. Speaker, I remember having many a debate in this House about the Singapore model. I think the Honourable Member, Mr. Crockwell, talked about it a little more specifically than what I will, but, Mr. Speaker, that was supposed to be the be- all and endall of casino gaming in Bermuda. That was going to be the silver bullet. So here we are spending all this time, all this money, taxpayers’ dollars and money, Mr. Speaker, and here we are today and this is the best we can come up with. Mr. Speaker, to me, when you hear things like, It’s going to take 10 years to get a casino operating in Bermuda, and let us not forget that the curr ent CEO of the Commission also said that (and I will paraphrase) It is a figment of our imagination if we think Bermudians are going to get work in a hurry out of the casino gaming industry. And I think he added something like, unless we raise taxes signi ficantly. So, Mr. Speaker, what are we doing? Why are we here? What is left, Mr. Speaker? First of all, Mr. Speaker, you know what? I think that i f we agree to these Regul ations tonight and, in particular, this $3 million fee. Mr. Speaker, I tell you what, I believe the Honourable Member Pettingill is right. We ain’t going to get casinos off the ground and running in Bermuda unless the Honourable Member, Dr. Gibbons, tells us when we sit down today, Look, I have people signed up and they are ready to start building. But I am sure if that was the case, that would have been in the news 422 3 February 2017 Official Hansard Report
Bermuda House of Assembly already, Mr. Speaker. So I do not think that is happening. The other question that begs, Mr. Speaker, is how was this fee determined? How was it determined? Mr. Speaker, I can tell you this. A fellow asked me if I wanted to sell my company about 15 years ago. Knocked on my door, came in, said, Look. I want to know if you are going to sell your company. So really, I said, Well, everything is for sale. He said, Well, okay. So you would sell? I said, I might. He said, Well, how can we move forward? I said, Well, I will tell you what I will do. You give me a one million dollar non- refundable deposit and I will give you my finan cials. He said, You’re kidding! I said, No, I’m not. Needless to say, Mr. Speaker, I am still running my company. But, you know, what I am saying to you is that if you have a non- refundable deposit . . . and I mean, you know, Dr. Gibbons and his family and fellow directors, I am sure, have a bit more change than a lot of us in this House, Mr. Speaker. But I am sure as much as he likes a dollar, I am sure that if somebody asked him for a one and a half million dol lar non- refundable deposit, I think he would have hell to get that money out of Dr. Grant Gibbons. Yes sir. I mean, the risk, the reward has to be so very strong and large for anyone to make that kind of nonrefundable commitment. It has to be. I know my cousin Derrick Burgess here. Derrick is a billionaire, but he would not give a million do llar non- refundable deposit unless he had some information before him. You have to have that information. If not, it ain’t happening, Mr. Speaker. So those fees, Mr. Speaker, not only are they way too high, but what they are going to do, in my humble opinion, unless the Minister gives it to us t onight, is scare people away. It is going to scare them away. You are making the cost of doing business too high. And this is the same Government that gave concession after concession after concession to try and generate business in Bermuda. We were here earlier today talking about some more concessions for the America’s Cup peo-ple. I did not disagree to it. But here we are hitting someone very, very hard with $3 million, Mr. Speaker, before you even dig a hole. Now maybe, like I said, the Minister will tell us that the Greens have been gi ven a provisional licence and that the building is a lready up, they just have to modify the space down there and they will be up and running. I do not know. Maybe he will surprise us tonight. I do not know, Mr. Speaker. Mr. Speaker, I think we have to ask the question, What were the terms of engagement for the Commission? Were there terms of engagement looking at what model was good for Bermuda, what is best for Bermuda, you know, what is going to be great for Bermudians, what will be great for tourists? Was that their remit? Was that their terms of engagement? Maybe the Minister might want to tell us that also i ncluded in their terms of engagement was to secure operators, because, Mr. Speaker, I do not know of anyone that would be in that type of position where you are the regulator, but you are going to court and spend ing time with a potential operator. But, Mr. Speaker, I will tell you what. Can you imagine if that were Derrick Burgess as the Minister, and maybe Ewart Brown as the Chairman of the Commission, and then you have someone like Don Coleman as a potential operator. What do you think would have happened then, Mr. Speaker. Hmm? [Inaudible interjection] Hon. Zane J. S. De Silva : Oh yes. It would have been another Commission of Inquiry. But it seems to be okay for the CEO to bring his ex-wife, who is still a good friend, along with his other friends (his word) from Caesars to Bermuda several times. That is okay; no problem with t hat. When the PLP have friends and family that are in business, or we have relationships, we are called “corrupt.” And when other people participate in these activities, it is called “astuteness,” Mr. Speaker. But, Mr. Speaker, let me say I think that, to use a phrase that the Honourable Member from constituency 22 likes to use all the time, and he used to say it all the time when he was on this side of the House, he used to say, You know what? They haven’t quite thought it through. Those were his favour ite words, They haven’t quite thought it through. Reme mber that? We used to hear it every week, We haven’t quite thought it through. Well, Mr. Speaker, the Honourable Member from constituency 22, I do not think he has quite thought it through. He has not thought it through. And I want to say this, Mr. Speaker, that if the OBA Go vernment and their backbench, their Ministers, who are the persons who control the purse strings in this country, if you really want to try to put our people to work and you want to try and get this particular amenity moving for our tourism product, I think what you need to do is . . . that Commission you have, I think you should get rid of them. And what you should do is consult with your own Member of Parliament, Mr. Mark Pettingill, and the Independent Member, Shawn Crockwell, who know this legislation inside out. We have certainly spent enough money educating them, right? We have certainly done that. I would suggest tonight that this is one of the things, that is the first thing y ou should do —withdraw it —because that fee in particular is just . . . it is a non -starter. So, my advice to you, Minister, would be you cannot rise and report, I think you just need to wit hdraw it.
Bermuda House of Assembly Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honour able Member. The Chair will now recognise the Honourable Member from constituency 34, the learned Member Kim Wilson. You have the floor.
Ms. Kim N. WilsonThank you, Mr. Speaker. Permit me a few moments to contribute to this debate. I am speaking from a position of limited knowledge because I myself am not a gamer. I have had occasion to go to the casino in Monte Carlo when I was in law school. I did …
Thank you, Mr. Speaker. Permit me a few moments to contribute to this debate. I am speaking from a position of limited knowledge because I myself am not a gamer. I have had occasion to go to the casino in Monte Carlo when I was in law school. I did not participate. I would be what you refer to as a butterfly. I had on my fancy frock and just sat there and observed. I was not a par-ticipant. Several years ago a girlfriend of mine who was turning 50 and a couple of our friends went to Las Vegas. There we also went to one of the most popular casinos in Las Vegas and we said, Look. We’re here, why don’t we go ahead and try our luck. We all agreed to start with $20, we cashed out at $ 16. We had abs olutely no interest in gaming and chose to consume quite a lovely meal at a Michelin four -star hotel restaurant. So, I am not coming from a position of knowledge with respect to the gaming industry. And in 2014, Mr. Speaker, I reluctantly did support . . . I was reluctant to support any type of gaming in Ber muda because I was very much concerned about the potential adverse social impact it would have on this smal l country of ours. And, notwithstanding those concerns, when we debated the Act in 2014 with the provisions in the Act that allowed for the Problem Gaming Cou ncil that would help to minimise any of the social i mpacts and address that partic ular concern that I had, that ensured those very safety nets with respect to gaming addictions and the like, and that the estab-lishment of that particular council I thought would pr ovide a better protection for the citizens who I was co ncerned about. I was also somewhat less reluctant to support the Bill when I saw that what we were trying to do in Bermuda was to provide this integrated resort model so that any gaming establishment would not be a standalone establishment, like we see in Monte Carlo or other jurisdictions, but would be tied to the hotel. And for that reason I supported it because I noticed there would be a number of opportunities and benefits that befall Bermuda. First and foremost, obv iously, would be job creation and through the establ ishment of either building a hotel or hiring the persons that would need to be working within the casino, then that would create job opportunity and job creation. Of course the injection of the much- needed foreign currency within our Island was another reason why I was able to support the Bill, as well as the increase in tour-ism. However, Mr. Speaker, listening to this debate and hearing particularly the concerns and looking at the fee schedule, which I must admit, again, that I have no particular knowledge of this industry, but I have a number of concerns about the apparent exor-bitant fees that are associated with applying for a l icence and so forth. And what concerns me, Mr. Speaker, is when I hear that the approximate cost for a build- out of a casino in Bermuda could very w ell cost somewhere in the region of $10 million, give or take. But yet, when we look at the proposed fees that this Honourable House is asked to consider with r espect to these regulations, you could find yourself, before you get int o the gate, being asked to fork out some $3 million worth of provisional licence fees, c asino fees, and the like, which is obviously reported in this Schedule. So you could be paying a third of what it would cost to build a hotel in Bermuda simply on fees—non- refundable fees, I might add —which I think is a great concern particularly for those persons who may very well be interested in the gaming industry. Now, Mr. Speaker, I do not know how much money gaming casinos generate. I have no idea. But it appears to me that to potentially pay one- third in fees of what it would cost to fit out and build a casino, I do not think makes much business sense. And it would appear that everybody goes into business to make money. And I wonder whether or not these types of fees are going to overexpose Bermuda so that we will not be able to actually compete in the marketplace. Mr. Speaker, unless we are talking perhaps about entities that are already here, so that they would have less fit -out cost because they already have a hotel, and maybe they need to add rooms for blac kjack or whatever you put in a casino, it just seems that it might be very challenging for us to be an attractive jurisdiction to bring a hotel development in Bermuda for the purpose . . . which will also have the amenity as a casino, when we are talking about the type of fees we are being asked to consider today. It seems, quite frankly, cost prohibitive, Mr. Speaker, in that if we are . . . when I recall the debate on the legisla tion when we debated this Bill in 2014, it was all tied around an amenity to the tourism product. It was not some thing that was going to be a standalone . . . we were not going to have Bermuda turned into a Las Vegas, or some of the other islands to the south. It was going to be connected specifically to hotel de velopment and an amenity to tourism, an amenity pro duct for the hotel. So, therefore, it would work wit hin our tourism product. If that is what we are trying to accomplish, and that is what I voted for —albeit reluctantly, but for the reasons I spoke about previously —I supported it in 2014, here we are asked now, three years later (two and a half, whatever), passing regulations that may not have the de sired effect that we wanted in 2014 424 3 February 2017 Official Hansard Report
Bermuda House of Assembly when we passed the legislation in the first place. My concern, again, Mr. Speak er, is the cost that we are talking about insofar as the fees and are these cost prohibitive? Are we not meeting the objective that we set out in 2014 which was to create an amenity to our tourism product by adding these casino r esorts. Mr. Speaker, one of the things that Bermuda always speaks about is trying to maintain its compet itive edge. When we look at things like our incorpor ation fees, or our trust services provider fees, and so forth, we always try to set our fees and make them marketable. When we are talking about the other j urisdictions, such as Cayman, or BVI [British Virgin I slands], the other jurisdictions that we are competing against for that valuable international bus iness, Mr. Speaker, so when we are setting our fees we are looking at these other jurisdictions for comparison so that we can remain competitive and get that compet itive edge. And I just wondered to what extent has Bermuda, has the Government when they are setting these fees, done like wise. From what I am hearing and understanding from people who know more than I do (and I am speaking specifically to the Learned and Honourable Attorney General, as well as the Learned and Honourable former Minister of Tourism) that these fees are exorbitant. And I am very deeply concerned, Mr. Speaker, that we are going to overprice ourselves and sell ours elves out of the mar ket and that we are not going to get a casino in the first place because we are not looking at the compet itive edge, and we are going to lose that competitive edge, and three years from now we could still be si tting here without a casino because we have overpriced ourselves out of the mar-ket. The question I ask is, Can we not utilise that same degree of diligence that we do when we try to take steps to ensure that we are competitive with r espect to the fees and the services that Bermuda offers with respect to internation al business? Again, like I said, the incorporation fees, the trust services provi ders fees, et cetera. When we are trying to compete against BVI and Cayman and all those other jurisdictions we set our fees comparable so that we are com-petitive with them. And my question to the Gover nment is, Have we done likewise with respect to these Regu lations and the licensing fees that I see attached to the Schedule. And I doubt that we have. And that is a deep concern for me. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair now recognises the Honourable Mem ber from constituency 36, the Learned Member, Michael Scott. You have the floor. Hon. Michael J. Scott: Thank you, Mr. Speak er. Mr. Speaker, I am deeply grateful for the fra ming of this discussion of this set of …
Thank you, Honourable Member. The Chair now recognises the Honourable Mem ber from constituency 36, the Learned Member, Michael Scott. You have the floor. Hon. Michael J. Scott: Thank you, Mr. Speak er. Mr. Speaker, I am deeply grateful for the fra ming of this discussion of this set of Regulations being considered by the House by the lawyers in the House. The last attorney who just sat, properly points out and reminds us about the integrated resort mandate and mission that we have. But I was also particularly as-sisted in considering these Regulations by the two presentations by the former Minister, the Honour able Member for constituency 31, and the former Attorney General, Mr. Pettingill. Their concerns were powerful-ly, in my respec tful view, presented to this House for consideration of this matter that we are being asked to consider. Of concern, clearly and obviously, has to be the behaviour of the regulator and pronouncing what is best practice for the regulator. They pointed out the obvious facts and figures issues. And I am not going to rehearse them. They have done that extremely well, and it has drawn the attention of any reasonable person list ening to this matter. And I think that these regulations are in deep trouble as a cons equence. I want to adopt . . . I would hate to have us hear the apology that, Oh, at least an operator, or a hotel operator has no concern. But really what we have heard of are primary fundamental concern when it comes to best practice for making this business proposition work. So, if you start wrong, you are going to end wrong.
[Mr. Walton Brown, Acting Speaker, in the Chair] Hon. Michael J. Scott: So, I completely ado pt, I e ntirely adopt the concerns that have been registered by all speakers thus far, from the Members on this side of the House and the Members that I have pointed out. This figure, Mr. Acting Speaker, this figure of the li-cence has been character ised as being gilded and out of proportion, and I tend to accept this, because now I really rose and my at tention was drawn to this item on the whole question of the governance elements of these Regulations as they relate to problem gaming and the Problem Ga ming Council and ensuring that having introduced a money -making enterprise, a jobcreating enterprise, having intr oduced into the int egrated tourism space that which is going to improve the product, we also have to be no less con cerned about the impact on societ y. I am alarmed and appalled that $150,000 has been provided to the Problem Gaming Council, having heard in contrast the vast amounts that are going to be requested, that are going to be demanded, in the way of fees to go to the Consolidated Fund. I clear ly see the hand of the Minister of Finance here. And if the Honourable Member of constituency [31] is as king, as other Members have been asking, Where did these figures come from ? I see the hand of a switc hing of the policy, or an altering of the policy, t o make the casino gaming space in our country an urgent rescue for dealing with revenue. And again —
Bermuda House of Assembly The Hon. Dr. E. Grant Gibbons: Point of order, if I may, Mr. Acting Speaker.
The Acting SpeakerThe SpeakerThank you, Honourable Mini ster. Shadow Attorney General, continue. Hon. Michael J. Scott: All right. I appreciate that correctio n. I withdraw that, my observation to that extent. It was entirely speculative as we seek to come to the question nonetheless that has been posed in the House, why these …
Thank you, Honourable Mini ster. Shadow Attorney General, continue. Hon. Michael J. Scott: All right. I appreciate that correctio n. I withdraw that, my observation to that extent. It was entirely speculative as we seek to come to the question nonetheless that has been posed in the House, why these figures and who has calculated them in the Government to be, in compound terms, in excess of $3 million. But back to the social impact of any kind of gaming platform in any country. You know, $150,000 is not going to be . . . is entirely inadequate. It might meet the salary of some counsellor or some manager of a centre or a problem gaming centre, but what about the website? What about the need to deploy, the need to set up a fit -for-purpose centre to meet what becomes a really clinical problem for people. I mean, . . . and I am not suggesting that we do not have some now, but we all recognise that the casino space is going to generate more. So properly, a gam-ing council, a responsible gambling council has been put into place, but it cannot be funded by $150,000. The legal framework for the governance that is necessary, I mean, it requires you to produce and analyse, if I may, best practices, support decision- makers in the pursuit of workable measures to reduce the problem of gaming, bringing together gaming specialists and researchers, publishing independent standards. So I note that for education there is another $250,000. I am talking about the specific space of the Prob lem Gaming Council and the centres that we will need to factor into this country to give assurance to not only the operators that makes them compliant, but gives assur ance to our country and visitors alike, that we just have not left this to a rinky -dink arrangement, but that it is a standard, and a high standard, of bal-ancing this risk averse behaviour that can create and generate, clinically, conditions in members of our populace or even of our visitors, to make sure that we have that right. It is so important. So, that is why I rose, and I rose only to be brief, to recognise and adopt the concerns that have been drawn to the attention by Members of this very House who abs olutely know what they are talking about, in the personages of the former Attor ney Ge neral, and the former Mini ster of Tourism, and the for-mer Attorney General on our side, the Honour able and Learned Member, Ms. Wilson, and to adopt their concerns. But my point is to draw to the attention the inadequacy, wholly inadequate amounts, and the di sproportionately contrastingly inadequate amount com-pared with the fees that are being contemplated by these Regulations to something that is just as i mportant. It just cannot possibly pass muster, in my as-sessment of this item. So, I concur, and I join forces with those who have called for this item to be withdrawn, re- thought through, consulted more widely and wisely about. Thanks, Mr. Acting Speaker.
The Acting Speak er: Thank you, Honourable Member. The Chair will now recognise the Honourable Minister of Home Affairs. Minister, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Acting Speaker. Mr. Acting Speaker, I am going to be very brief, only because having listened to each person who has spoken tonight, and talking about the fact that it has taken a long time for these Regulations to come, it has taken a long time for the industry to get it on its feet, and then they are saying withdraw the Regulations . So, we cannot kind of have it both ways. We cannot say, You are talking so long to get it here, now it is here, we are having the debate, have not heard any recommendations, I have only heard crit icism, but what . . . I mean, we have to be able to recognise, certainly from my perspective as the Ministry responsible for Labour, that I am looking to be able to provide jobs for our people. And in so doing, it was known and it was determined from the outset that this was an industry that was there to give us an o pportunity to be able to put some of our people to work. That sight of that commitment has not been lost. I think it is still very important, as we have heard Members say, that we have got people who are unemployed. That does not sit very well with me. And certainly, to the extent that we are able to put our ef-forts into creating something that will help to put our people to work, I believe we have to give our best ef-forts to do so. I heard Honourable Members indicate that, or the Member who just took his seat, indicate that we put in an inadequate amount of money into the social network system, vis -à-vis the fees that are being charged. What I also heard, almost to a person, indi-cating that it was approximately $10 million r especting a fit-out and we are looking at $3 million worth of fees, I think it is important to under stand that we must is olate where those fees are, be cause the $10 million (let us assume that that is the number for fit -out), that is not an annual commitment. To have the fees, which are the provisional licence fees and the application 426 3 February 2017 Official Hansard Report
Bermuda House of Assembly fees and the like, those are initial outlays, initial e xpenditures. So on an annual basis, and what seems to have gained favour with everybody as they spoke, as we listened, was the fact that t he 10 per cent tax on the gross revenue did not seem to be unreasonable. So, isolate that 10 per cent and say that we agree with that. But we have to put the cost of fit -out and the cost of the application in its proper perspective. And from what I was gathering, listening to Members speak, and this is purely from an accounting perspec-tive, that these costs are not annual costs. So to say that somebody is not likely to be able to recoup their costs and the like because of the significant outlay that they w ould have to put for the fit -out, that would be a one- off. It is like building a house and furnishing it. It is not something that you do every single year. So I think it is just important to underscore that particular point. Hopefully, as we determine how to move forward with this, I believe that the Minister carrying this particular brief will have some further information to share. But I just thought it was important to highlight those particular items so that we have not lost track of where we are in t he finan cial model in terms of the cost of fit -out versus the cost of the application, given that we all seem to be on the same wavelength that the 10 per cent tax seems to be most ap propriate. Thank you, Mr. Acting Speaker.
The Acting SpeakerThe SpeakerThank you, Honourable Mini ster. Is there anyone else? The Chair will recognise the Honourable Premier. Premier, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Acting Speaker. Good evening colleagues. First off, I would like to congratulate colleagues who declared an interest in this legislation. In listening …
Thank you, Honourable Mini ster. Is there anyone else? The Chair will recognise the Honourable Premier. Premier, you have the floor.
Hon. Michael H. Dunkley: Thank you, Mr. Acting Speaker. Good evening colleagues. First off, I would like to congratulate colleagues who declared an interest in this legislation. In listening to the debate tonight, I think it has been interesting to me the number of areas that we have touched on that somewhat fall under the remit of the Regulations we face. Let me start out by sayi ng that in connec tion with the time that it takes to move and actually have a casino open, I do not think there is anyone in this Honourable House who is comfort able with the time it has taken. But I think in reality, when you reflect back on it, we must understand that with something new, with the breadth and complic ations that implementing gaming will have in a comm unity, you have to get it right. And you have to get it right the first time, and you have to make sure that the reputation of your community is protec ted as well. And Bermuda has always come to the t able with a very strong reputation. And gaming has the ability to e nhance that or detract from that. And I think it is i mportant that we stop and just reflect that we have one chance to get it right in the first instance, and I think we have made some good progress along that line. Of course, in the time it has taken, yes, we reflect on not having a casino open and the opportuni-ty for good careers and jobs for Bermudians. And that is something that frustrates all of us as lawmakers. But we need to make sure we move forward and get it right. There has been some discussion, debate, tonight about the role of the Gaming Commission. I think one honourable colleague said that the Gaming Commission should be seen and not heard. Well, I thought that was an interes ting comment because, clearly, I have been in attendance, I think, at two f orums that the Gaming Commission has held to talk about the way forward, to talk about Problem Ga ming, and things like that. So they were seen and heard in those areas. And I think that is important. That was an important message that they sent. So it is easy for us as legislators to come to this Honourable Chamber and criticise those who we have put in those positions. And I think it is unfort unate, because up here we operate with immunity. I think if we have concerns with people that have been entrusted to do those roles, and the ind ividuals who have been talked about were put in place under this Government and by the former Minister, I think we need to approach them and tell them of our concerns before we come up here in this protected place and talk about it. If we want to have a vibrant democracy, if we want to improve, if we want to correct some of the challenges that we perceive that there might be, I think we owe it to ourselves to make sure we talk to those in the industry about some of the concerns we have, because once you get up here, if you do that, then I think your concerns are valid and carry some weight. And if the problem has not been rectified, you can stand on your feet and you can criticise that. There has been a bit of discussion tonight, Mr. Acting Speaker, about the structure of gaming, and none of us are experts in that. We take our opinion from people that we talk to, that we meet with. We take it from some of our own experience. I am not a big gamer myself, but I have enjoyed going to Vegas. I went there on New Year’s a couple of years ago with family. I enjoyed playing blackjack with my family around the table. I enjoyed going to Paradise Island. I went into the casino and saw what it had. I did not game at the time. I put a couple of bets in the sports book and they did not work well. I went for my favour-ite team, not for the best team. So, I am intrigued by the possibilities of gaming in Bermuda, but I do not share the criticism that I have heard from some quarters about the fee struc-ture at this time. And why do I say that, Mr. Acting Speaker? Because, as a person who has a relatively strong experience in business, I find that in this case if we are setting a new gaming environment up, and it
Bermuda House of Assembly has been very clear where we are going, as the Premier of Bermuda, I have had no pushback from those interested in gaming about the fee structure. We know of interest, so I am quite surprised when I hear that there has been some pushback, because I thought that would have come to colleagues before the de-bate, if we were genuine in moving it forward, if we were sincere in trying to get the investment in Berm uda. I believe that none of us are experts in these fees. We have to take the advice from the people we put in that position to give us that information. Now, $3 million in the total scheme of things, to people who do not know the industry, could be a lot, it could be a little. We have heard comparisons about how much it will cost to build gaming in Berm uda. I do not think any of us know what it will be, b ecause for any place, what they decide to do, it is going to be their brand, their touch on it, and they will spend what they think is right to have the appropriate casino to get a return on their investment. I would say, Mr. Acting Speaker, that these fees are appropriate b ecause until there is pushback you do not want to sell yourself short. It does not make any sense to sell yourself short, and I have not seen any pushback. And if we hire somebody — [Inaudible interjection] Hon. Michael H. Dunkley: And the Honourable Member speaks from across the floor, Has anybody committed yet? It is kind of hard to commit unless you have the full structure in place, because that is like a blank cheque. And the Honourable Member told his story about trying to see his business when he wanted an up- front $1 million guarantee. Well, a blank cheque is pretty much like that.
[Inaudible interjection and laughter] Hon. Michael H. Dunkley: Well, typical politician, he is playing with words again, Mr. Acting Speaker. [I NAUDIBLE] Hon. Zane J. S. De Silva: A point of order, Mr. Acting Speaker.
The Acting SpeakerThe SpeakerHonourable Premier, take your seat. Honourable Member De Silva. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is misleading the House, maybe he was not listening, as intently as he should do as Premier of the country. But in no way did I say that …
Honourable Premier, take your seat. Honourable Member De Silva.
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: The Honourable Member is misleading the House, maybe he was not listening, as intently as he should do as Premier of the country. But in no way did I say that I have a million dollar guaran-tee, I said that if someone wanted my financials, they would have to give me a $1 million non- refundable deposit.
The SpeakerThe SpeakerThank you, Honourable Member. Premier. Hon. Michael H. Dunkley: And I think that is guara nteed to stay in his bank account. So, Mr. Acting Speaker, because we are not experts up here on fees, I think we need to take the advice of those we entrusted to do that …
Thank you, Honourable Member. Premier. Hon. Michael H. Dunkley: And I think that is guara nteed to stay in his bank account. So, Mr. Acting Speaker, because we are not experts up here on fees, I think we need to take the advice of those we entrusted to do that until we decide that we do not want that advice any more. As I said, I have not heard any pushback on it, and I think it is appropriate to set the fees at this level because if there is pushback you can drop them. But if you are selling yourself short, it is pretty hard to go back to the first casino you gave the licence to and ask them for more money, and it is even harder to get the second or the third the increase in fees because you sold yourself short.
[Hon. K. H. Randolph Horton, Speaker, in the Chair] Hon. Michael H. Dunkley: Now, I do not think this fee level will keep people away from investing in Bermuda because not only am I aware of people coming into Bermuda to look and current operators in Bermuda are interested, but also, as the Speaker takes the Chair, colleagues in this Honourable House have talked about interest in Bermuda and gaming. And I think that is important. When you consider the small number of licences that we will give out, I think that we will be able to find operators who want to come to Bermuda, to want to have the type of casino gaming we have, to be able to create the environment that this casino can flourish in and to provide the opportunity and careers for Bermudians who want to get into the industry. So, I believe that the level that we have sug-gested is appropriate because it does not sell us short. Mr. Speaker, I think the last thing I will say about this is that I find it quite interesting because quite often in this House in discussing issues relating to money, we are always talking about trying to raise more revenue for the government’s budget, or trying to cover the deficit that we might have in one area or the other or in government financing. But here we are starting a new industry that, let us face it, Mr. Speaker, it is a complicated industry. If anyone thinks that it is not, then I think they need to learn a little bit more about it. It is a complicated industry. And if not done right, you can have some challenges that plague that industry, not only in managing the industry, policing the industry, security in the industry, corruption in the industry, banking in the industry, but you can have problem gaming challenges and impacts on the com-munity that are not something that any one of us in this House want at this current time, Mr. Speaker. 428 3 February 2017 Official Hansard Report
Bermuda House of Assembly So, it is appropriate that we set the level of fees to allow the Gaming Commission to fund themselves and take care of business and not be a drain on the government coffers. We have entrusted those individuals to do the job, and I think that we have to accept that advice because there are no glaring con-cerns in there that show us any reason why we should not accept that advice. So I believe these fees, while some might think are high, will be acceptable. I think people will buy into those. And if we do have to reco nsider them, we can always reconsider them at another time, Mr. Speaker. But we need to move this industry forward. And I think all Members of this House want to move this industry forward. So, while we have had our concerns about it, some have been very vociferous, and the former Mi nister has been very clear on the challenges he has had with this. We are all intent that we want this to move forward, and further delay will be to the detr iment of the industry and, certainly, to the people of Bermuda. And we have had enough of that. Thank you, Mr. Spe aker.
The SpeakerThe SpeakerThank you, Premier. The Chair will now recognise the Honourable Leader of the Opposition, E. D. G. Burt. You have the floor. Hon. E. David Burt: Good evening, Mr. Speaker.
The SpeakerThe SpeakerGood evening. Hon. E. David Burt: Mr. Speaker, as I sat and li stened to the beginning of this debate in the House today, something came into my mind. What came into my mind was something similar to what the Honour able Premier, who just took his seat, said. We …
Good evening.
Hon. E. David Burt: Mr. Speaker, as I sat and li stened to the beginning of this debate in the House today, something came into my mind. What came into my mind was something similar to what the Honour able Premier, who just took his seat, said. We need to get it right. And why do we need to get it right, Mr. Speaker? We need to get it right because if we are going to get investment, if we are going to have cas inos, if we are going to have jobs, then we need to make sure that this works. That is the key, because we have heard persons say, persons who know a little bit more about gaming than I know, that these costs may be prohibitive. So, the Honourable Premier just said, Well, if we get it wrong, we can just come back in six months and lower it. How does that work, Mr. Speaker? Does that not waste the exact time of which we are trying to prevent wasting? How does that benefit the person who is looking for the job, who is holding out the hope? If we decide to be stubborn and get it wrong, when the Honourable Premier said we need to get it right, how does that help advance the cause of which we are supposed to be doing inside this House? And here is the one thing I will say, Mr.
SpeakerThe SpeakerThings are a lot worse than I thought, b ecause I know that the One Bermuda Alliance Gov-ernment does not consult with us, but I certainly thought they would have consulted with their own members. So when they have Members on their own benches getting up and going after them …
Things are a lot worse than I thought, b ecause I know that the One Bermuda Alliance Gov-ernment does not consult with us, but I certainly thought they would have consulted with their own members. So when they have Members on their own benches getting up and going after them for their own legislation, then someone must ask the question as to whether or not they actually thought this through. Now, Mr. Speaker, the Premier is right. We need to move things forward. But do we run the risk of getting it wrong? And is that risk worth six months of delay having to come back here and say, Do you know what? We did not listen. Even though Members of the House told us otherwise we carried on acting in our arrogant fashion of which epitomizes the One Bermuda Alliance Government, and now we are stuck in a place where we have not been able to achieve our aims and we have not been able to do what is right for the people of this country. Now, we know, as all people know, that upfront costs can be a hindrance to setting up anything of which you are trying to do. And if there are lower up-front costs, and if the objective is to get people here and operating, I would think that over the long term it would be something that the Government would consider. So I would ask, as I close, if the Government would consider withdrawing these Regul ations, going back to their caucus and consu lt, and come back next week with something that can be supported, because if a Member on their side has spoken out against it, that means they do not have majority support of the Members of this House, Mr. Speaker. And if these Regulations fail, then they have to come back and do it again; it will be a longer time process. We do not need that, Mr. Speaker. So, I would recommend that the Honourable Minister who is carrying this signify that he is going to hold it over for a week, have some consultation, bring it back, and let us go to a place where all of us can hold hands and say this is a way forward. If not, Mr. Speaker, we run the risk of not getting it right. And that is not something that the people of this country can afford. We have seen enough of that from the One Bermuda Alliance, I do not think we need to see it one more time. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member care to speak? It does not look like we have any other Members, so Hon ourable Minister, you have the floor.
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Mr. Speaker, I think it is fair to say that we have had a number of perspectives in the debate. It was a little longer than I anticipated. And I think, like a lot of others, I am not an expert on the issue of gaming. …
Thank you, Mr. Speaker. Mr. Speaker, I think it is fair to say that we have had a number of perspectives in the debate. It was a little longer than I anticipated. And I think, like a lot of others, I am not an expert on the issue of gaming. Certainly, I have been hearing about it and rea ding about it for the last few years.
Bermuda House of Assembly Let me start by saying that I think some of the criticism on the Gaming Commission, particularly in respect of the executive director, has been unfair and, I would say, in some respects harsh as well. I have, obviously, some experience dealing with the BMA [Bermuda Monetary Authority], and dealing with the regulatory authority, and, quite frankly, I think it is important for regulators to speak to those who they are likely to regulate, potentially regulate, or they do regulate. It certainly is the case with the regulatory author ity. They are encouraged to speak to telecommunic ation providers in the same way they will be encour-aged to speak to those that want to do energy. I think we would be shocked and dismayed if the CEO of the Bermuda Monetary Authority was not out there talking to reinsurers, talking to trust compa-nies and all the rest of it. Obviously there is a balance here between marketing. But in order to do your job properly as a regulator, you need to be able to understand the perspective, you need to be able to understand where those that you are potentially going to be regulating are coming from. I am not the principal Minister here. So when I have spoken with Mr. Shuetz, and certainly with ot hers, I have to say that I obviously always enter, after some 25 years in politics, with a certain degree of suspicion. But the sense I am getting back is that the Commission, certainly, and the executive director are extremely well intentioned here and want to make sure that Bermuda does a really good job here in terms of this. In fact, it would probably be fair to say the executive director’s career is going to depend to a large degree on how successful he is in Bermuda. So I think, in gaming parlance, he has quite a bit of skin in the game here. In discussions with him, my understanding is that he has spoken to something on the order of 12 to 15 operators in the time that he has been here. Now, others may hold that against him. I certainly do not, because I think part of what we are trying to do here is gauge the appetite, gauge the interest, and that sort of thing. Others, and certainly colleagues, perhaps are comi ng in from a different perspective. Their clients . . . maybe that is unfair. Maybe their potential clients are saying that they see these fees as a little high. But what I am hearing from the group which has been set up to advise Government, which is the Commission and the executive director, is that we are not getting pushback on these particular fees at all. And I am go-ing to go through them in a couple of minutes, be-cause I think it is important. The Honourable Member on the other side asked whether the $1.4 million fee for the provisional licence had been paid. And I think the simple answer to that is, of course not. No fees can be paid, and no fees can be assessed until these Regulations are ac-tually passed by this House. But in terms of pushback that we are getting from . . . I will just call them “pla yers” that are very keen to move forward, we are sim p-ly not getting it. You heard that from the Premier, I certainly have not heard anything, and you have also heard it at least through me and I think the Minister, from the executive director, and certainly from the chairman of the Gaming Commission as well. I think another important thing to recognise here in terms of this regulator and who they do and do not speak to, the executive director does not vote on whether a licence is given or not. That is my under-standing. He may make a recommendation, but it is the commissioners who are actually appointed by the Minister who are the ones who actually vote as to whether a licence is approved or is not. Now, I think another thing that we need to do is try to put this into perspective. What I would like to talk a little bit about is the fees, because that has been the principal issue we are touching on here. My hon-ourable colleague, Minister Pat Gordon- Pamplin, I think tried to make the distinction. And I think some Honourable Members understand the distinction very clearly, for others it might be a little bit fuzzy. And that is that we are talking about two sets of fees here. We are talking about an ongoing annual fee that goes out from now on as long as the casino is there, and we are talking about an application fee, which is a one- off to set up the casino in the first place. So let me tackle the application fee right off the bat, because I think that is where we have had the most, shall we say, v ariety of perspectives. The initial casino application fee is $600,000. Once you have paid that, essentially you are in the game. At that point you would apply for a provisional licence, for which the fee is $1.4 million. Let me break that down a little more. So, you have $600,000, and once that is paid and the application process has started, the review process has started, you then get to the next level which, you are halfway there, because once you get a provisional licence, assuming that they are comfortable with your design, your plans and all the rest of it, the bulk of the work after that is for the diligence, as I understand it, to make sure that you are the downright upright person that you claim to be, and that all the associations are positive. Now, this is very important for Bermuda. I think a number of people have said that. A number of the jurisdictions that I am going to speak about in a couple of minutes have not done very well on the CFATF [Caribbean Financial Action Task Force] r eviews that have been done, particularly with respect to their gaming industry. I think all of us understand, par-ticularly in this House that this really needs to be done very, very carefully. This is a reputational issue for Bermuda, so this issue of diligence and making sure that we get this right is critically important. That costs money, and that is one of the reasons there is an a pplication fee here, not only to fund the Commission, but also to be able to do the kind of dil igence work that is required to make sure that we have entering the Bermuda club only those people we really want 430 3 February 2017 Official Hansard Report
Bermuda House of Assembly operating there, and not those that have other issues that we may be concerned about. So, we have the $600,000 casino application fee, and then we have the $1.4 million provisional a pplication fee. I think Honourable Members need to remember here that $400,000 of that $1.4 million goes immediately for each of those provisional fees, goes immediately; $150,000 goes to Problem Gaming, and $250,00 0 goes to education and training for Bermudians. So that is not all there is, but for each provisional licence you get an additional $150,000 or $250,000. I think we have said from the get go, Honourable Mem-bers, the Honourable Member from constituency 31, the Honourable Member from constituency 25, have all talked about the importance of getting Bermudians into this industry. As far as I know, there are no other commissions that automatically put that much aside. There will be additional money coming into the Commission itself for the training. My understanding is that the Commission has already begun working with Dr. Greene of the Bermuda College, and the Bermuda Tourism Authority Hospitality Institute to start to work forward, once this money becomes available, to effectively bring up Bermuda’s intellectual capital on the gaming side from scratch. So that is very important. So we are looking at basically $1.6 million which is going to reside with the Commission to do this appl ication. Now, the next fee is not a risk fee, it is an i ssue fee. And that is a $1 million issue fee. So, in terms of the risk fee, as the Honourable Member De Silva would have it, that is really $2 million. But once you get to the provisional stage your risk has been r educed appreciably as long as you are a downright u pright kind of person. Now, let us put that into perspective. We have heard that a number of people, particularly some of the potential clients of my honourable colleague from constituency 25 and perhaps my honourable colleague from constituency 31, have said that it is a little high. But I think it is important to put this in context. When you look at that in terms of the cost of a hotel room, the question for a hotel resort developer is . . . and we know hotel rooms costs roughly $1 million apiece. I think it is probably higher than that now, de-pending on the scale, $1 million apiece. Would I prefer to put $2 million in to get myself a casino licence, b ecause that is the upfront risk fee, or would I spend an extra $2 million to get two extra hotel rooms? I think the answer to that, Mr. Speaker, is probably (it is a rhetorical question), I think given the amenity and giv-en the fact that this will considerably improve their revenue stream as an amenity, and also as an at traction for their particular resort, I think most hotel oper ators would say, I’ll put the $2 million up front, because it is not all that much. Now, let me get back to this issue of whether that $2 million application fee, including $1.4 [million] and the $600,000 has been consulted on or not. As I said, the executive director has already said to me, he has spoken to something on the order of 12 to 15 op-erators. He has had no pushback at all from those who are actually hotel operators. They are looking t o move forward. And the Honourable Member from constituency 31 also mentioned a couple of the co nsultants we have had. And I asked the executive d irector specifically, had he consulted with Gaming La-boratories, for example, which is one of the consul tants we used, and the answer was, yes, and Gaming Laboratories essentially is comfortable with those par-ticular fees. You can ask me when he spoke to them, because I asked him that, and he said it was as recently as yesterday evening. So there is a fair amount of consultation going on here. Mr. Speaker, I do not know quite what else to say. Clearly, there is going to be disagreement amongst some of our Members as to whether the $2 million application fee, the combined fee, is too much or not. But certainly, kind of what we are hearing and what advice Government has had from the Commi ssion and the executive director who, by the way, is also a member of the International Association of Gaming Advisors, as is Alan Dunch, who is the chair-man of the Commission, as is Deborah Blakeney, who is the counsel over there. So I think the Commission is well represented when it comes to this issue of the International Association of Gaming Advisors. I am not saying that because I think that is a make or break, but I think it is important that we all recognise that there has been consultation here. In fact, the executive director said to me that he is meet-ing with the president of that association who actually . . . sorry, the member of that association, a key member, who is also the president of . . . sorry, let me get that straight. He is meeting with the president of that association tomorrow and that president is from Caesars. So, obviously well placed in the industry. With respect to other jurisdictions, I am also advised that both California and New Jersey regula-tors speak regularly with the ones that they regulate. So, as I said, I think that the criticism was on the harsh side. That it is fair enough to have perspective, but I think it was certainly harsh as well. Now, let me continue. It is not just the applic ation fee and the cost of the casino licence issue fee. You also have to look at the broader sustainability of these costs. And I think as you can tell, and I think this comes probably back through the tenure of the Hon-ourable Member from constituency 31 as well, there was a push more towards taking a percentage of gross gaming revenue than there was to have an annual application fee. So if a casino is, let us say, ha ving a gross gaming revenue of $10 million per year, 10 per cent of that is $1 million. And, therefore, that would completely offset the annual casino licence fee of $1 million. So this is where I think most operators
Bermuda House of Assembly would like to go. They would like to have it based more on how they do as a business than they would on high annual fees. So I think we are heading very much in the right direction there as well. Now, I have said earlier to the Honourable Member from constituency 6 that I have some co mparisons, and I do. I think it is important to get these out. We talked about New Jersey, and we talked about Pennsylvania, and we talked about Massachu-setts. But I think to some degree we are also going to be compared against the Caribbean. So, what is the story in the Bahamas? In the Bahamas there is a rather complicated tax scale. It starts at 10 per cent of gross gaming revenue, but ramps up to a high of 25 per cent. So Bermuda is clearly below that. The Bahamas also, Mr. Speaker, there are no limits for entry. We are in a more exclusive position here. We have only got a certain number of licensees that we are prepared to pr oceed with. So there has got to be something said for that in terms of attractiveness. In terms of the Turks and Caicos, their casino tax rate is 10 per cent. They have a slot rate of 28 per cent. So we are below that. They also have a value added tax of 11 per cent. The Bahamas also has corporate taxes as well. We do not have any of those. Jamaica has a 10 per cent fee and then addons for each table and also a licence fee of $250,000 . So they are probably on the order north of a million dollars in addition to the 10 per cent as well. With respect to the US Virgin Islands, their gaming tax rate is 12 per cent, and they have a structure of a $900,000 licensing fee for their smaller fac ilities there. The only one that we are perhaps a little hig her than is Aruba, and they apparently have the lowest gaming tax in the world at 4 per cent. But they are also not very high on the CFATF sort of list as well. In fact, they are on that hit lis t. So, I think it is important to sort of recognise those. Mr. Speaker, I think as my honourable colleague, the Premier, has said, and others have said, clearly , we are not hearing the same kind of pushback. I am not discounting what the Honourable Member from constituency 25 or constituency 31 are saying. There are obviously a number of operators out there, but our sense is that this is not unreasonable. We are probably on the lower side in terms of the sustainability long- term, which is more important. When you look at what a hotel operator is going to gain from having the casino, then I think we are probably not in a bad place at all. So, based on the advice that we are getting we do not believe that these fees are unreasonable. They go to a good cause as well for education and to deal with the problem gaming issue. So, Mr. Speaker, I am going to recommend, based on what I am hearing, that I think we are pr oceeding on a good tack in spite of what some others have said, and I think we have to proceed with the advice that we are getting in order to move this whole process forward. If these fees do not go forward, then obviously it is going to slow the whole process down. Mr. Speaker, I am going to end on that, if I may. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. So . . . if we could . . . [Inaudible interjection]
The Hon. Dr. E. Grant GibbonsYes. Thank you, Mr. Speaker . Mr. Speaker, I move that the draft Regulations be approved and that a message be sent from this Honourable House to His Excellency the Governor. And, I think, Mr. Speaker, I am not sure if it is my place to say this, but I …
Yes. Thank you, Mr. Speaker . Mr. Speaker, I move that the draft Regulations be approved and that a message be sent from this Honourable House to His Excellency the Governor. And, I think, Mr. Speaker, I am not sure if it is my place to say this, but I think also it may be appropriate to have a ruling on whether certain Members are el igible, given conflicts —
The SpeakerThe SpeakerWell, that we will just see as we move on.
The SpeakerThe SpeakerRight. It has been moved that the Regulations be approved. All those in favour say Aye. Those again, say Nay. AYES AND NAYS.
The SpeakerThe SpeakerI think we are going to have a division here. [Pause for ringing of the bells] The Deputy Clerk: DIVISION [Casino Gaming (Casino Fees) Regulations 2017] Ayes: 17 Nays: 17 Hon. Jeanne J. Atherden Mr. Walton Brown Hon. Kenneth Bascome Hon. D. V. Burgess, Sr. Hon. L. Craig Cannonier Hon. …
Ayes: 17 Nays: 17 Hon. Jeanne J. Atherden Mr. Walton Brown Hon. Kenneth Bascome Hon. D. V. Burgess, Sr. Hon. L. Craig Cannonier Hon. E. David Burt Hon. Michael H. Dunkley Mr. Rolfe Commissiong Hon. Dr. E. Grant Gibbons Mr. Shawn G. Crockwell Hon. P. J. Gordon-Pamplin Hon. Zane J. S. De Silva Ms. Susan E. Jackson Ms. Lovitta F. Foggo Hon. Trevor G. Moniz Hon. Wayne L. Furbert Mrs. Nandi Outerbridge Hon. Dennis P. Lister Hon. E. T. Richards Mr. Diallo V. S. Rabain Hon. S. D. Richards, Jr. Mr. Walter H. Roban Mrs. S. Ro berts -Holshouser Hon. Michael J. Scott Ms. Leah K. Scott Mr. W. Law rence Scott 432 3 February 2017 Official Hansard Report B ermuda House of Assembly Hon. R. W ayne Scott Mr. Jamahl S. Simmons Hon. N. H. Cole Simons Mr. Michael A. Weeks Mr. Glen Smith Ms. Kim N. Wilson
The SpeakerThe SpeakerYes, the Chair recognises the Honourable Member Dr. Gibbons. CONFLICT OF INTEREST [Standing Order 26]
The Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Under Standing Order 26, I would suggest that the Honourable Member from constituency 31 has a conflict of interest. His colleague, the Honour able Member from constituency 25 already declared his interest and then left the Chamber. So I would ask you to opine on that …
The SpeakerThe SpeakerIndeed, I would ask the Honourable Member from constituency 31 to comment.
Mr. Shawn G. CrockwellThank you, Mr. Speaker. Mr. Speaker, I will be in your capable hands as you make your decision. But I would like to just raise the fact that we have debated and passed legi slation in this House as it relates to the automotive in-dustry, and the Honourable Member on …
An Hon. Member An Hon. MemberYes, that is right!
Mr. Shawn G. Crockwell—has been allowed to vote, and rightfully so. We have debated and we have voted in this House on legislation affecting i nsurance—
Mr. Shawn G. CrockwellAnd the Honourable Member who is in charge of this debate today was able to vote, and rightfully so. We have done the same thing as it relates to reinsurance and other issues where Members in this House have conflicts, as you would in a small community like this. Now, …
And the Honourable Member who is in charge of this debate today was able to vote, and rightfully so. We have done the same thing as it relates to reinsurance and other issues where Members in this House have conflicts, as you would in a small community like this. Now, my partner in law represents casino gaming clients and, Mr. Speaker, as his partner in that business if you deem that I am likewise conflicted, I will accept your ruling. But I believe it would not be fair, Mr. Speaker, based on the history of how votes have occurred in this House. SPEAKER’S RULING [Standing Order 26(2)(i)]
The SpeakerThe SpeakerThank you, Honourable Member. Let me just point out the Standing Order. In fact, the Standing Order [26(2)(i)] says, “A Member shall not vote on any subject in which he or she has a direct personal or pecuniary interest, pec uliar to such Member as distinguished from the public at …
Thank you, Honourable Member. Let me just point out the Standing Order. In fact, the Standing Order [26(2)(i)] says, “A Member shall not vote on any subject in which he or she has a direct personal or pecuniary interest, pec uliar to such Member as distinguished from the public at large, and if the right of any such Member to vote shall be challenged by any other Member on this ground such Member shall not be entitled to vote if the Speaker shall determine that the Member whose right to vote is in question is disqualified by this Rule fro m voting.” Let me just say that the Honourable Member, Mr. Pettingill, has decided that he would not vote be-cause he is involved particularly, and said he is in-volved with clients. I do not think that because the Honourable Member Crockwell works for that comp any that he is necessarily involved with clients, as the Honourable Member who spoke said. So, therefore, in that case, I think it is quite appropriate for the Honourable Member to vote. So his vote will be— [ Desk thumping]
The SpeakerThe SpeakerHis vote will be considered. So what vote do we have? The Deputy Clerk: Mr. Speaker, we have a tie vote. SPEAKER’S CASTING VOTE [Standing Order 26(3)]
The SpeakerThe SpeakerIt looks like it is a tie vote —17 to 17. I have to say that I have listened to a very, very interesting debate and, indeed, I have heard good reasons from both sides of the House in regard to this matter going forward. Like most in here, I …
It looks like it is a tie vote —17 to 17. I have to say that I have listened to a very, very interesting debate and, indeed, I have heard good reasons from both sides of the House in regard to this matter going forward. Like most in here, I am not an expert on gaming at all. And so I certainly, in coming to my decision, would have to weigh the i nforma tion that seems to have been brought forward by those who are the experts in the industry. And while I do appreciate the arguments against the casino gam-ing regulations going forward, I believe that the regu-lations should go forward. [ Gavel] [ Passed with Speaker’s casting vote: The Casino Gaming (Casino Fees) Regulations 2017 were ap-proved.]
B ermuda House of Assembly The Speaker: Yes, yes, so the item is carried . . . and a message will be sent to the Governor. [ Pause and crosstalk]
The SpeakerThe SpeakerThat brings to a conclusion our Orders for the day. The Chair will first recognise the Minister of [Home Affairs] . BILL THIRD READING BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (NO. 2) ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Spea ker, and good …
That brings to a conclusion our Orders for the day. The Chair will first recognise the Minister of [Home Affairs] . BILL THIRD READING BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (NO. 2) ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Spea ker, and good evening colleagues. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled the Bermuda Immigration and Protection Amendment No. 2 Act 2017 be now read the third time by its title only.
The SpeakerThe SpeakerThank you. Are there any objections to that? Carry on. [ Motion carried: Standing Order 21 suspended.] Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. I move that the Bill do now pass.
The SpeakerThe SpeakerAll right. The Bill is now passed. [ Motion carried: The Bermuda Immigration and Pr otection Amendment (No. 2) Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerThank you. We now move to the USA – Bermuda Tax Convention Amendment Act 2016 [sic] . BILL THIRD READING US A–BERMUDA TAX CONVENT ION AMENDMENT ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that Standing Order 21 be suspended to enable …
Thank you. We now move to the USA – Bermuda Tax Convention Amendment Act 2016 [sic] . BILL THIRD READING US A–BERMUDA TAX CONVENT ION AMENDMENT ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the USA– Bermuda Tax Convention Amendment Act 2017 be now read by its title only.
The SpeakerThe SpeakerThank you. Are there any objections? Carry on. [ Motion carried: Standing Order 21 suspended.] Hon. E. T. (Bob) Richards: I move that the Bill be now passed.
The SpeakerThe SpeakerAll right, the Bill is now passed. [ Motion carried: The USA– Bermuda Tax Convention Amendment Act 2017 was read a third time and passed.] BILL THIRD READING INTERNATIONAL COOPERATION (TAX INFO RMATION EXCHANGE AGREEMENTS) AMEN DMENT ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Also, …
All right, the Bill is now passed. [ Motion carried: The USA– Bermuda Tax Convention Amendment Act 2017 was read a third time and passed.] BILL THIRD READING INTERNATIONAL COOPERATION (TAX INFO RMATION EXCHANGE AGREEMENTS) AMEN DMENT ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Also, if I might, Mr. Speaker, the next one. I move, again, that Standing Order 21 be suspended to enable me to move that the Bill entitled The International Corporation (Tax Infor-mation Exchange Agreements) Amendment Act 2017 be now read a third time by its title only.
The SpeakerThe SpeakerThank you. Are there any objections to that? [ Motion carried: Standing Order 21 suspended.] Hon. E. T. (Bob) Richards: I move that the Bill do now pass.
The SpeakerThe SpeakerThe Bill is passed. [ Motion carried: The International Corporation (Tax Information Exchange Agreements) Amendment Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerNext is the Quarantine Act 2016 [sic]. BILL THIRD READING QUARANTINE ACT 2017 SUSPENSION OF STANDING ORDER 21 434 3 February 2017 Official Hansard Report Bermuda House of Assembly Hon. Jeanne J. Atherden: Mr. Sp eaker, I move that Standing Order 21 be suspended to enable me to move that …
Next is the Quarantine Act 2016 [sic]. BILL THIRD READING QUARANTINE ACT 2017 SUSPENSION OF STANDING ORDER 21 434 3 February 2017 Official Hansard Report
Bermuda House of Assembly Hon. Jeanne J. Atherden: Mr. Sp eaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Quarantine Act 2017 be now read the third time by its title only.
The SpeakerThe SpeakerAre there any objections? Carry on. [Motion carried: Standing Order 21 susp ended.] Hon. Jeanne J. Atherden: I now move that the Bill do now pass.
The SpeakerThe SpeakerThank you. [Motion carried: The Quarantine Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerThe America’s Cup Amendment Act 2017. BILL THIRD READING AMERICA’ S CUP AMENDMENT ACT 2017 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 Amer ica’s Cup Amendment Act 2017 be now read the t hird time by its title only.
The SpeakerThe SpeakerThank you. [Motion carried: Standing Order 21 suspended.]
The Hon. Dr. E. Grant GibbonsThe America’s Cup Amendment Act 2017 —I move that the Bill do now pass. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Bill is now passed. [Motion carried: The America’s Cup Amendment Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerMinister of Health. BILL THIRD READING SUMMARY OFFENCES AMENDMENT ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. Jeanne J. Atherden: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Summary Offences Amendment Act 2017 be now read the third …
The SpeakerThe SpeakerAre there any objections? There are none. Carry on. [Motion carried: Standing Order 21 suspended.] Hon. Jeanne J. Atherden: I now move that the Bill do now pass.
The SpeakerThe SpeakerIt is passed. [Motion carried: The Summary Offences Amendment Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerThe Bermuda Hospitals Board Amendment Act [2017]. BILL THIRD READING BERMUDA HOSPITALS BOARD AMENDMENT ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. Jeanne J. Atherden: I move that Standing O rder 21 be suspended to enable me to move that the Bill entitled the Bermuda Hospitals Board Act 2017 be …
The SpeakerThe SpeakerAre there any objections to that? There are none. [Motion carried: Standing Order 21 suspended.] Hon. Jeanne J. Atherden: I move that the Bill do now pass.
The SpeakerThe SpeakerThe Bill is passed. [Motion carried: The Bermuda Hospitals Board Amendment Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerAnd the Land Title Registrar (Recor ding of Documents) Act 2017. Minister Cannonier. BILL Bermuda House of Assembly THIRD READING LAND TITLE REGISTRAR (RECORDING OF DO CUMENTS) ACT 2017 SUSPENSION OF STANDING ORDER 21 Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended …
And the Land Title Registrar (Recor ding of Documents) Act 2017. Minister Cannonier.
BILL
Bermuda House of Assembly THIRD READING
LAND TITLE REGISTRAR (RECORDING OF DO CUMENTS) ACT 2017
SUSPENSION OF STANDING ORDER 21
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Land Title Registrar (Recording of Documents) Act 2017 be now read the third time by its title only.
The SpeakerThe SpeakerThank you. Are there any objections to that? The Bill is now passed. [Motion carried: Standing Order 21 suspended.] [Motion carried: The Land Title Registrar (Recordin g of Documents) Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerThank you. That concludes our Orders. Premier? ADJOURNMENT Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I move that we adjourn.
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Member from constituency —our new Member —from co nstituency 26, MP Neville Tyrrell. MAIDEN SPEECH
Mr. Neville S. TyrrellThank you very much, Mr. Speaker, and good evening everyone. Mr. Speaker, I really wrestled mentally yesterday as to whether I should actually get to my feet t oday and it went right up until this morning when the Missus asked me on the way down if I intended to …
Thank you very much, Mr. Speaker, and good evening everyone. Mr. Speaker, I really wrestled mentally yesterday as to whether I should actually get to my feet t oday and it went right up until this morning when the Missus asked me on the way down if I intended to say something today. I told her probably not, prob ably not. And she put a note in my pocket as we were talk ing and said, Well, if you do decide maybe what you should do is just use this note as a reminder. (My wife always gives me notes, Mr. Speaker, because she thinks I forget things a lot. )
[Laughter]
Mr. Neville S. TyrrellAnd I was very curious midmorning, and I pulled the note out of my pocket and I had to smile because I thought it was a grocery note, really, which she probably wanted me to bring home some groceries. But without boring you with the verbatim of what the note …
And I was very curious midmorning, and I pulled the note out of my pocket and I had to smile because I thought it was a grocery note, really, which she probably wanted me to bring home some groceries. But without boring you with the verbatim of what the note said, I will give you a gist of it. It basically said, Tyrrell, you are the head of the Tyr rell hous ehold. Don’t embarrass us .
[Laughter]
Mr. Neville S. TyrrellSo, with that in mind, Mr. Speaker, and the fact that I am the new rookie in the House and I really probably should have just sat a little longer and watch ed the procedure, but having had experienc e at another place, this sort of proc edure is starting …
So, with that in mind, Mr. Speaker, and the fact that I am the new rookie in the House and I really probably should have just sat a little longer and watch ed the procedure, but having had experienc e at another place, this sort of proc edure is starting to come back to me, so I feel kind of comfortable with what I am going to probably say. Let me first of all, though, start by giving some thanks if you will allow me, Mr. Speaker . There is a list of people who I probably should thank even by name. But if I do that we will probably still be here and I would probably run out of my time. So I will just say thank you general ly to a lot of people who have made it possible for me to be si tting here or standing here today. They know who they are, so I will not name them individually. I will probably single out the Honourable Member on the ot her side who, contrary , probably , to publi c belief that we are not friends . . . w e have been friends for quite a while. He basically indicated . . . b ut he did not give you the entire history that we have, because if the cards would have been played right I probably would have been his brother -in-law. But —
[Laughter]
Mr. Neville S. Tyrrell—we will leave that one. But I will just say thank you, Honourable Member . Thank you for your kind, kind words. The last thanks, before I move on to my points, I give to my family, Mr. Speaker, who have basically hung with me f or this entire journey. …
—we will leave that one. But I will just say thank you, Honourable Member . Thank you for your kind, kind words. The last thanks, before I move on to my points, I give to my family, Mr. Speaker, who have basically hung with me f or this entire journey. This journey has been going on now since 2003. So it has been a long journey , and I really want to say to my family , Thank you for sticking with me. Mr. Speaker, the points that we want to make tonight surround the fact that . . . I am sure the Ho nourable Members will understand that over the last two or three months I have had lots of opportunity to have talks with the voters of constituency 26, War wick South Central . And I am sort of reminded of a quote (before I say what they have said to me ). It is a Bibl ical quote, of course. It says “To whom much is given, much is e xpected.” And you can sort of use that quote in a number of different ways , and I am going to head there very shortly. My team and I had the opportunity to knock on lots of doors, sit in living rooms and at kitchen t ables of many of the constituents of C26. Let me say , and I want to make it very clear , that the people that my team and I spoke to are very diverse. Warwick South Central is a very diverse place. So I am talking about people who look like me, people who did not look like me, people who are as old as me, people 436 3 February 2017 Official Hansard Report
Bermuda House of Assembly who were younger than me, people richer than me, of course, and probably some as poor as I am. So I rea lly want to say that and say that the point I am going to make is not limited to any one section of Warwick South Central. It is very consistent. People have been saying that this Gover nment had a lot of good will go ing into the 2012 election. And over the last four years they have completely spent it. The people of Warwick feel that there has been arrogance , a lot of not listening, not con sulting by this Government . And they have asked me to say it. They have put me here. I am here to serve them , so I am not afraid to say it . But that is what people have been saying in Warwick. I believe my honourable friends on the other side are probably reading too much of their script and they are also starting to believe it as well. But let me say that the people of Warwick have had enough. Let me say . . . I will give you a real simple example. We have had more of a housekeep ing day, so I am going to make it a little light. There is a play ground in Wa rwick. And for those of you who are not familiar with God’s country —I say God’s country, c ousin—I will try and describe where this playground is. It is bordered to the south by Rocklands View, to the north by Olive Bank [Drive], to the east by Swansville [Drive], and to the west by Jones Village [Lane ]. Now, the reason I am bringing up this pl ayground, Mr. Speaker, is because it was a very good idea putting the playground there because it gave the neighbourhood children the opportunity of having some where dedicated to play without playing in the roads , because the estate certainly in the area is a very busy area. You know, the roads are tight . So it gave the children the opportunity to play somewhere. But, Mr. Speaker, over the last two years that playground has not been maintained. I have a sev enyear old grandson, and if I were to allow him to walk from one end of that playground to the other over the last two years, I would not have been able to find him. Well, Mr. Speaker, do you know what happened? Two days before the by -election it got cleared. What were they thinking about the people of Warwick? [Did] t hey think , like, they were born yes terday and that we are going to run down over to the polling station and vote for them? Mr. Speaker, the people of Wa rwick have had enough of this Government. They have told me over the last four years there is difficulty ge tting jobs; they do not know how they are making ends meet. They have children abroad in school and they are not even sure if they are going to let them finish out school. But do you know what they are hearing, Mr. Speaker? They are hearing all about AC35. In fact, let me tell you the new acronym in Warwick for “ AC”: Abracadabra! Because, you know, it seems like that is the magic potion that is going to solve all our prob-lems. There is none. But it is really not. Let me go on record by saying that I support AC35 which we all should because it is obviously going to bring some good news to Bermuda. But the people of Warwick have not been able to put food on the table by listen-ing to the talk of AC35. Mr. Speaker, before I sit, let me also indicate some of the things that the people of Warwick who have sent me here to serve them have said to me. December 2 nd was a very dark day in Bermuda. They feel that it was handled very heavy -handed ly. And they are blaming this Government because we Bermudians are normally very docile people. We are the nicest people. The Warwick South Central people are even nicer than nice. They have said that it really was a dark day , and they would hope that they would never again see such handling of an issue that took place. Now, this morning during the question and answer period we had Honourable Members on the other side acting as if they were Father Knows Best . I am sure most of us know that show that used to be on—there are some of you as old as me—Father Know s Best . And that is how they behaved . That is exactly how my Honourable Members on the other side seem ed to be behaving. But, Mr. Speaker, let me say that the Pr ogressive Labour Party is not going to treat the people of Ber muda like that. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr: Thank you, Mr. Speaker. Mr. Speaker, I normally do not read the Royal—whatever they call it, right, because I cannot afford it, number …
Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor.
Hon. Derrick V. Burgess, Sr: Thank you, Mr. Speaker. Mr. Speaker, I normally do not read the Royal—whatever they call it, right, because I cannot afford it, number one.
[Laughter]
ROYAL GAZETTE EDITORIAL RE: DR. THE HON. EWART BROWN
Hon. Derrick V. Burgess, Sr: But someone sent me one of these communiques on my phone— and I have problems trying to use tech, but I was able to get it — where the editor of the Royal Gazette (in my opinion) tried to discredit former Premier, Dr. the Honourable Ewart Brown, for giving some financial assistance to two athletes. Obviously, that editor does not know any history . And I do not even want to go into the history of the folks that have been disadvantaged in this country because of the complexion of their skin, Mr. Speaker. Mr . Speaker, that newspaper does not have a good history with our sportsmen because it was a
Bermuda House of Assembly couple of years ago that we had a youth cricket team travel overseas to represent Bermuda. And they did not do too well. You cannot expect us to do well all the time. But that sports editor of the Royal Gazette wrote an article and said that we should not allow them back on the Island. Young people! That is what he was tal king about , young people. I really took offense to that. So when one tries to assist, as Dr. Brown has always done, the editor seems to have a problem be-cause he is giving financial contribution to people — Bermudians, in particular black Bermudians. I find that a bit insensitive. You know, sometimes it takes me to the level where . . . I guess, sometimes some of our people go to extreme lengths to prove to the mas ters that they are on the same team. And that is what I judge this one.
PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, let me change the su bject a bit . This morning when I came here to the House of Parliament and to see all those policemen barricading that street, Parliament Street, for what rea son I do not know. We are not in a state of war or a state of emergency. I expect to see those types of things maybe during those times. I have not seen any attack on this House by anybody with wea pons—throwing sticks and stones or anything like that . And for the police to waste the taxpayers’ money . . . there was at least 30 of them, I guess. In fact, I was going to Global House, going down the back step, and I had t o be let out of the gate and then let back in. In my almost 20 years in this House, I have never seen that before and I think the police are really not doing a good job in public relations , particularly after the December 2 nd incident where they pepper sprayed innocent peaceful protestors , despite after that, the Royal Gazette writing articles and stating that the police were attacked. Then you had two former policem en, one of them named Garland, and referred to the peaceful protestors as a vicious mob. Then you had another policeman, this fellow Stewart , came to me when as a policeman, and obviously done very well. He would not have done this well back home in England.
An Hon. Member An Hon. MemberYes. [Laughter] Hon. Derrick V. Burgess, Sr: But, you know, when I hear policemen making up stories like that, do you know what concerns me, Mr. Speaker? How many people have been sent to prison as a result of their lies? That is what concerns me because they get on …
Yes.
[Laughter] Hon. Derrick V. Burgess, Sr: But, you know, when I hear policemen making up stories like that, do you know what concerns me, Mr. Speaker? How many people have been sent to prison as a result of their lies? That is what concerns me because they get on TV, they look good and they sound good, and the status quo believe them because we, as a black peo-ple, always have to prove ourselves. We have to prove to the master that you can trust us because we are not trusted. The history books will tell you that. I am not making this up. You went to Berkeley, Mr. Spea ker, during the time Berkeley asked for money to extend the schools and the Government said, Yes, we will give you some money but three- fifths of your Government body is going to be us . Why? We were not trusted. When they gave money to Berkeley for education, when they were giving all schools, particularly private schools, because you know we had two- thirds of the students and whites had one- third. But the onethird was getting more money than the two- thirds. But the Government of the day said , Three- fifths of your committee, your Government body, would have to be us. So the history is long, it is deep and it continues. And they continuously . . . you know, I do not think I have heard the word “corruption” in this House for some time now, since we have been o ut, you know. The word was meant for us . . . any dispar aging comments about us. You know, in fact, the press continues to write $800 million gone missing —and they know that is not so. That has been explained in this House— nothing to do with us. Nothing has gone missing. I think the Auditor said, at the time, that there were $800 million worth of accounts that he could not audit at that time. And then some others took it to say $800 million was missing. But the Royal Gazette knows this! But it continues to print this as if this was missing. And they continue to write about overruns of jobs that happened under this Gov ernment. In fact, let me tell you, Mr. Speaker, the Dame Lois Browne[ - Evans] building . . . we had a total approved funding of $101 million. There was a $71.9 million contract. What was the extra for? Well, they always put in ( not including the $71.9 million) in the contingency fee, an ywhere between 15 and 20 per cent on top of that. But the money was for —because it was for a base buil ding, meaning there were no walls. So when you determine who the tenants would be, well, you had it fit - out—walls, furniture, carpeting, electrical, all that there. Mr. Speaker, do you know what that place was finished for? [It was] $98.5 million—under the total approved funding. Same thing with TCD. They are talking about how there was a $10 million overrun. Not so, Mr. Speaker. It was a $978,000 overrun. That is what is was. Every time . . . you know, those plans were nine years in the making to get going. And the plans changed, the designs changed. But with every change , before any money was spent, it came to this House for debate and was approved and then the money was spent. So, there was no $10 million over-run for TCD. It was $978,000. I would just hope that one day these two Bermuda’s . . . because what the press continues to do, 438 3 February 2017 Official Hansard Report
Bermuda House of Assembly supported by the white s upremacists group, is perpe tuate racism in this cou ntry. This country is too small for that, too small for that. We are mixed. There is a mixed race in this country. I can tell you that. One of my grannies was white. So I know that, Mr. Speaker . But we do not get on like that, you know . You have a lot of blacks who want to be included in the social status so they behave like they are supposed to —and they even say yes sir even when the master has got their foot on their neck, you know. That does not help, Mr. Speaker. That gives your masters more power. You have to stand up— whether you are black or white—to disrespect. I do not expect to stand on anybody’s thr oat whether it be white or black . And they say, Well, Mr. Burgess, would you take your foot off my neck? You know, I expect them to act like any one of them, like normal people act. You know, that should not happen . But I am going to tell you, Mr. Speaker, there is a very powerful group in this country and you . . . I do not normally read the blogs , but people send them to me. The stuff that they write —particularly about us . There is nothing we can do that would please them. I remember one fellow wrote just prior to the last election and he said . . . what is his name? I have got it at home. I keep all that stuff. He says, I do not care even if the PLP had Jesus Christ run for them, I would never vote for them . That is the type of white supremacists group. And all whites are not white s upremacists, not all whites. But quite a few are and they are very po werful and they continue to keep this country divided on race, Mr. Speaker, and we must not be afraid to tackle the subject because anytime anybody in this House or anywhere gets up, partic ularly a black person, and starts talking about race, they are at tacked viciously as if they are the racist. I am the victim of that . . . of race. You are a victim because of your com plexion. You did not ask for it. But do not try to speak about it because they will attack you like you have committed the cardinal sin. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 31, MP Crockwell —the Learned Member, MP Shawn Crockwell.
Mr. Shawn G. CrockwellThank you, Mr. Speaker. Mr. Speaker, we witnessed today around the grounds of the House of Assembly a very phenomenal and extraordinary situation. It was probably required today. But we saw an abundance of police officers around this Honourable House and they were st ationed at each entry to the …
Thank you, Mr. Speaker. Mr. Speaker, we witnessed today around the grounds of the House of Assembly a very phenomenal and extraordinary situation. It was probably required today. But we saw an abundance of police officers around this Honourable House and they were st ationed at each entry to the House of Assembly and we saw the barricades and the like, and maybe be cause we are not debating the airport legislation today there were no protests. But what happened on the 2 nd of Dece mber— and I am referring to the protest and the gather ing which was clearly foreseeable. It was clearly for eseeable and what frustrates me time and time again is this approach of, you know, everyone’s grandmother said Prevention is better than cure. But for some reason, we do not get that. Why didn’t the police, why didn’t the authorities, why didn’t the leadership in this country do on December 2 nd what they did today? Why didn’t we have the Commissioner come out publicly and say that there will not be a repeat of what happened on these grounds during the immigr ation protest —because the protest was fine. But you cannot block the legislators from getting into Parlia-ment. You cannot block judges from getting into the courts . Why wasn’t that done as we were leading up to December 2 nd when it was clear . . . Ray Charles could have seen that coming, because of the temperature in this community around this issue. But it was not done. It did not appear as if there were proper precautions taken. It did not appear as if there was a proper plan to execute on Decem-ber 2 nd, which I find extraordinary . Extraordinary. Lack of leadership in those who are responsible to ensure that we were able to get in this House safely and eas ily. Then, I was actually out there, Mr. Speaker, and to witness what I witnessed, to see the riot police come around that corner with their shields and with their helmets was . . . it was so extraordinary . . . and I am going to tell you, I was standing next to grown men who were crying at what they saw. Crying! Weeping that this was their Bermuda, t hat riot police were marching down to disperse a peaceful gathering. Now, the police have a job to do. I have no criticism of the police’s job and if the job of the police was to ensure that there was proper access, I have no problem with them coming out. I think s ending riot police was over the top. But to then have pepper spray . . . and I was there, let me tell you something, Mr. Speaker, I saw individuals in that protest that surprised me. There were elderly individuals who go to my father’s church who were part of the building of that church, like my father, who I have never heard make a comment in protest on anything . . . you know, those nice elderly ladies at church that give you hugs and kis ses? They were out there! And I was saying to myself, Why is she there? Why is he there? And do you know why? Whether it is justified or not, because I can tell you as I walked those streets a lot of people were stopping me, asking me questions about the airport deal which was way off the mark. Questions like Aecon is going to have, you know, 30 years of rev enue after the lease is over. What? Right? And belie ving it. But, but the point is you had senior citizens in this protest because they felt that something was going to happen that may have an impact on their grandchildren. That is why they were there. So we are
Bermuda House of Assembly not talking about everyone that was there was just a bunch of radicals. There were people that were there because they had legitimate concerns and it was peaceful. And you have riot police converging upon them and using pepper spray . It was outrageous and it was a sad day in our history. I felt like I was watching some movie dealing with Selma in Alabama in the 19 60s, or watching some movie dea ling with Johannesburg in South Afr ica during apar theid. But that was Bermuda in 2016 . And it was shoc king. So those who saw the images and may have been impacted by the images, it was something e ntirely different to have been there. And I saw Honourable Members in this House— Wayne Furbert to my right was on e—right in the middle! My frat brother, the Shadow — . . . right in the middle! I was con cerned for safety. People being, you know, pushed to the ground. It was a sight tha t I will never forget , and I will say to the police, Well done today, well done today. You know, unfortunately, we may need that next week. Unfortunately, we may need that next week again. But someone should have had the for esight to have prevented what happened. Because you know what happened? The damage that was caused that day was that the police’s relationship with the community has been damaged severely. It has been damaged severely . And they have a lot of work to do, a lot of PR work to do, Mr. Speaker, to repair it. Now, on another note—
[Crosstalk]
Mr. Shawn G. Crockwell—and I do not wish to r eflect much on previous debate and there were comments, you know, made about my colleague who was unable to vote in a particular debate because of clients. CASINO GAMING AMENDMENT ACT 2016
Mr. Shawn G. CrockwellLet me just say something, Mr. Speaker, because of an amendment this House passed back in November, that Honourable Member has lost clients —because of an amendment that we passed in this House saying that public officials are precluded from working in the gaming industry two years after they leave …
Let me just say something, Mr. Speaker, because of an amendment this House passed back in November, that Honourable Member has lost clients —because of an amendment that we passed in this House saying that public officials are precluded from working in the gaming industry two years after they leave office. Now, it just so happens that that affects me. Whether or not it is enforceable because I think it can be challenged in the courts, whether or not it can be retroactive, because I had resigned from Cabinet, at least, before. But it did not affect that Honourable and Learned Member because he had resigned some time ago from the Cabinet. It could be debated; it could be looked into. But he received notice immediately ther eafter from clients saying they are not comfortable with the spotlight and the public statements and the appar-ent friction he has with the gaming commission and remove d their work . And I am talking about significant monthly retainer s. And there is no one in this House that probably really cares that food or money was tak-en off of the table. No one was worrying about that during the debate, and today he was precluded from being able to vote. But that is fine. So let us just make it clear that he may have been conflicted but he has lost clients because of that. But what I found interes ting, and the reason why I wanted to vote on that piece of legislation today is because when we debated section 187(d) that pr evented Members from being in the gaming industry for two years and we had a long and robust debate in this House. The Honour able and Learned Member from [constituency] 25 spoke long and he spoke compellingly against what we felt was a very onerous clause. I spoke against it. This side of the House spoke against it. But you know what, Mr. Speaker? And we said this in our present ations that we were not going to vote against it because we understood the need to push the industry forward. And then when the Senate debated it, the Minister responsible, the Honourable Senator Michael Fahy was interviewed –—and I have to tell you this got under my skin, w hen he said (and I am par aphrasing because I cannot remember exactly, but I have the gist) . . . w hen he said that after Members were ma king their noise and posturing in the House, no one voted against it . Which I found insulting and I found out of order. It reflects, Mr. Speaker, the arrogance that has caused a lot of people in this country to have dis-quiet with this Government. What the Minister should have said was, I appreciate the objections of Honourable Members. I heard their objections , and I am grateful they saw fit to still support it. That is what he should have said. That would have shown humility. But he could not help himself, Mr. Speaker. They made a lot of noise and they were posturing but they still did not vote against it. Well, I am going to say right now, Mr. Speaker, if I have an issue with any piece of legisla tion that comes to this House and I have to take a stand, now that I understand that if I do not vote against it, it is going to be dismissed and ridiculed publicly, I am going to take my stand. That Minister needs to learn some humility, Mr. Speaker. So I had to take a stand because I dis agreed fundamental ly with the terms of that particular piece of legislation. So, Mr. Speaker, here we are in 2017. There will be an election soon and if this Government does not start paying attention to that type of behaviour, okay . . . because as an Independent Member, Mr. Speaker, and people can respond how they feel, but as an Independent Member I can tell you, I am still astounded by the people who feel comfortable now, stopping me all the time—all the time —to talk to me about their concerns in this country . And if substanti al 440 3 February 2017 Official Hansard Report
Bermuda House of Assembly adjustments are not made, if that type of behaviour does not change, there is going to be a significant statement when that next election comes , America’s Cup or not.
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Member from constituency 24, W. L. A. Scott. You have the floor. PROTEST AT HOUSE OF ASSEMBLY AND THE BERMUDA POLICE SERVICE
Mr. W. Lawrence ScottThank you, Mr. Speaker. I do not know exactly where to start this eve ning, but one thing I will do —and I guess I will pick up right where my honourable frat brother, the Honour able Shawn Crockwell , left off . On Decem ber 2nd . . . …
Thank you, Mr. Speaker. I do not know exactly where to start this eve ning, but one thing I will do —and I guess I will pick up right where my honourable frat brother, the Honour able Shawn Crockwell , left off . On Decem ber 2nd . . . and, I guess — December 2nd was not about just the airport, Mr. Speaker. December 2nd, I guess, if I was to sum it up in a line . . . I do not know how closely you follow m usic, but rapper, Big Sean, dropped an album today called I Decided. [Laughter]
Mr. W. Lawrence ScottI guess I am showing my age now, Mr. Speaker, because a lot of Members in here are like, Who is Big Sean? I like Big Sean beca use he is a lyricist, like Eminem, so on and so forth. But Big Sean dropped an album today called I Deci …
I guess I am showing my age now, Mr. Speaker, because a lot of Members in here are like, Who is Big Sean? I like Big Sean beca use he is a lyricist, like Eminem, so on and so forth. But Big Sean dropped an album today called I Deci ded, and one of the songs that I like on this new album is called “ Sacrifices.” I guess part of what December 2 nd was about, Mr. Speaker, was people fee l . . . and I will just use the first two lines of Big Sean’s new song “Sacrifices” —it says, “I done made sacrifices, so many sacrifices; I done gave up so much free time knowing time ain’t free.” Mr. Speaker, what I get from that , and attri buting it to this , is that so many Bermudians have sacr ificed so much since 2012 in the hopes of seeing a better tomorrow, seeing a better Bermuda. But D ecember 2 nd, what that showed was people getting fed up, Mr. Speaker. They were fed up with the fact of the OBA’s im migration policy where they were grant ing status to whomever they felt like. They were fed up with the Jetgates. They are fed up with the increase in our country’s debt while there was a decrease in Ber-mudian’s quality of life. They were fed up when it comes to having to have their children go to school in mouldy schools. We actually had a mouldy House of Assembly up here, Mr. Speaker, which is why there was so much work done up here. I mean, Mr. Speak er, the police were even fed up , so much so that they marched on Cabinet, Mr. Speaker. So, Mr. Speaker, the Bermudians were fed up with the reneging of the referendum on gaming. And then they were fed up on the whole rental cars [ Bill] . . . I know the taxi drivers' thoughts with the rental car decision and the way that that was treated, Mr. Speaker. So December 2 nd was not just about the ai rport. December 2nd was about people tired of sacrifi cing and not getting anything back, Mr. Speaker. Another thing that comes up into mind, Mr. Speaker, that I wanted to talk about today was this reciprocal treaty that was signed or is in the works of being signed. I under stand the premise of what is going on with that treaty. But I would prefer for the Government to explain in a little bit more detail what is really goin g on. Because if you have a reciprocal treaty and you are signing this treaty so that Bermudians can drive rental cars in the States, that would mean that you would have to allow United States, or Americans, to drive rental cars here in Bermuda. But theoreti cally, we do not have those same type of rental cars, Mr. Speaker. So is this a sign of what is to come? Or is this in prepar ation of 80 BMWs that are coming to this I sland, Mr. Speaker, for America’s Cup? And is this a llowing the Americans that are going to come down for America’s Cup to drive these 80 BMWs? Mr. Speaker, it amazes me because I am one of the youngest here, Mr. Speaker, so I think my memory is probably one of the best. So therefore, I remember the Government saying that America’s Cup was going to create thousands of jobs for Bermudians, Mr. Speaker. And then it started to transition from the creation of thousands of jobs to, We need hu ndreds of volunteers . So America’s Cup is going from being somewhere where Bermudians can work to make mo ney to put food on their table, where Berm udians can get a nice little side hustle there, Mr. Speaker, to where people can once again give of their time or sacrifice their time knowing that time is not free. Mr. Speaker, I think that we are all on the same page in this House when we say that we want America’s Cup to succeed. We want America’s Cup to work . But we can only have America’s Cup work if Bermudians are working it. This is why , going back . . . and I am going to go back to . . . this brings me back to December 2 nd, Mr. Speaker, where, you know, I was one of those that was pepper sprayed. I hear people saying that I deserved to be pepper sprayed.
Some Hon. Members Some Hon. MembersNo, no!
Mr. W. Lawrence ScottI hear, you know . . . So MP Sylvan Richards says that I deserved to be pepper sprayed and, Mr. Speaker, let me give you a little background onto why I was pepper sprayed, Mr. Bermuda House of Assembly Speaker. A little bit of background on why I was …
I hear, you know . . . So MP Sylvan Richards says that I deserved to be pepper sprayed and, Mr. Speaker, let me give you a little background onto why I was pepper sprayed, Mr.
Bermuda House of Assembly Speaker. A little bit of background on why I was pepper sprayed. There was a . . . and I am talking to MP Sy lvan Richards , through you, Mr. Speaker, because he is the one that said I deserved to be pepper sprayed. And Mr. Speaker, let me tell you why, because one of my constituents, a senior citizen, was actually in the crowd by the southern gate over here. When the police opened up the canister and started pepper spraying, I could see that she was going to get pepper sprayed and I went to grab her . But I got hit instead. So I do not mind taking one for my senior cit izens because if it was not for the sacrifices that they had made back then, I would not be standing where I am right now.
[Desk thumping]
Mr. W. Lawrence ScottSo I took that as a badge of courage. I took that for, as they would say, for the team, Mr. Speaker, and the Member that said that I deserved to be pepper sprayed was nowhere to be found. [Inaudible interjections]
The SpeakerThe SpeakerThat Member who said that really needs to apologise right now. [Inaudible interjections]
The SpeakerThe SpeakerSo stand up and apologise for that. I would like for you to stand up and apologise because you had no right saying that this person should have been pepper sprayed. [Inaudible interjections]
The SpeakerThe SpeakerYou are not going to apologise? Then leave the House right now. [Desk thumping] [Inaudible interjections] [Gavel] The Speake r: Honourable Member, if I were you I would leave quickly, without noise. [Inaudible interjections]
The SpeakerThe SpeakerYou will not be back in this House until you apologise. [Inaudible interjections] [Hon. Sylvan D. Richards, Jr. left the Chamber]
Mr. W. Lawrence ScottThank you very much, Mr. Speaker. Mr. Speaker, going back to the pepper spra ying, right, and you know what? The fact that —and all I will say before I move on is the fact that that same Honourable Member was up here in the House i nstead of being …
Thank you very much, Mr. Speaker. Mr. Speaker, going back to the pepper spra ying, right, and you know what? The fact that —and all I will say before I move on is the fact that that same Honourable Member was up here in the House i nstead of being down there with the people that he represents because there were not just PLP supporters that were out there, Mr. Speaker. There were OBA supporters as well, Mr. Speaker. The airport deal on December 2 nd was not about any one particular party, Mr. Speaker, and I have highlighted that it was not about any one partic ular incident. It was about Bermudians not feeling as though they were part of the decision- making process in their own country. It was Bermudians not feeling as though they were a priority to this current Gover nment, Mr. Speak er. My father, who, well, if it is past sunset he is prob ably asleep by now . But, you know, my father taught me that if you do not want to hear, you will feel. Even though you cannot . . . and I am not talking about phys ically in this sense, but I am pretty sure that if I was a betting man that the OBA Gover nment will feel at the next election, Mr. Speaker, be-cause they do not want to listen to the people here. They do not want to listen t o the people. I mean, my Honourable, Kim Wilson, from [constituency] 34. She got up and she warned the Government, Do not go down this road with when it comes to women’s health. The Government did not listen and what happened?
[Inaudible interjections]
Mr. W. Lawrence ScottYes, Mr. Speaker . And it is one of those things that, you know, I do not try to get up to speak just to hear my voice. But at the same time, it is about trying to be able to communicate to this Government that this is not about …
Yes, Mr. Speaker . And it is one of those things that, you know, I do not try to get up to speak just to hear my voice. But at the same time, it is about trying to be able to communicate to this Government that this is not about you. This is not about the individuals that sit in these seats. It is not about what you think you should do. It is about what you know your constituents want you to do. And if you can tell me that your constituents want you to behave in the way that you are behaving now, then I will sit down and take my seat. But I do not think that is the case. So one thing is that if you do not learn from history you will be doomed to repeat it. It was unfort unate that December 2 nd was on the anniversary of another dark day in Bermudian history . It so happens that the predecessors, the political prede cessors to the current Government were in power at that same time, Mr. Speaker. So what does that tell you about the fundamentals of the party that is cur rently in Go vernment? Is it one of those that a leopard will never change its spots? Or is it a lack of progres sive political 442 3 February 2017 Official Hansard Report
Bermuda House of Assembly evolution on the part of the Members that are sitting in this House currently? Did they not learn from the mistakes of the past, Mr. Speaker? Or are they ignor ant to what the people of this country really want? Do they feel as though they are invincible? Do they feel as though they are untouchable because they sit in this Honour able House, in this Honourable Chamber? As I wrap up, Mr. Speaker, I jus t want the OBA Government to know that they made a lot of promis es in 2012. How many of them have they actually kept? And that is the question that I will end on. You made a lot of promises in 2012, and how many of them have y ou actually kept without havi ng to put political spin on it?
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 33, MP Jamahl Simmons. You have the floor.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. To come to this Honourable House, to see it ringed with fences, surrounded by uniformed police officers, to see this be an occurrence that has oc-curred in various forms repeatedly since February 2013 , just one, two . . . two or three months after the …
Thank you, Mr. Speaker. To come to this Honourable House, to see it ringed with fences, surrounded by uniformed police officers, to see this be an occurrence that has oc-curred in various forms repeatedly since February 2013 , just one, two . . . two or three months after the One Bermuda Alliance Government took power. The people felt the need to take to the streets. Now, Mr. Speaker, at that time I thought that was some type of record. But before President Trump, there was the One Bermuda Alliance. That one with so much promise, that one with so much hope, less than . . . not even a hundred days, the people of this country felt the need to take to the streets because a promise had been broken, a prom ise had been broken on term limits. When the One Bermuda Alliance ran for office they certainly never told the people that they would attempt to give the children of guest workers the right to work and compete against their children —the chi ldren of the Bermudians who voted for the One Bermuda Alliance. They never told them that. But it was tried and the people felt the need within the One Ber-muda Alliance’s first hundred days to take to the streets and tell them , No, it is not happening. Mr. Speaker, we saw it occur again and again and again, broken promises pushing the peo ple to the limit. Not listening. Mr. Speaker, I am reminded . . . I am not a very Biblical person , but I do like a little Scripture now and then. I am reminded of Exodus 9:12. Exodus 9:12, “Pharaoh’s heart had been hardened and he would not listen.” Pharaoh’s heart had been hardened but [he] will not listen . And because Pharaoh would not listen, what happened? He was visited with 12 [sic] plagues. Now, I believe we may have passed 12 protests but if we have not, we are sure going to be there soon. Mr. Speaker, when my colleagues and I st ood with the people outside of Parliament on December 2 nd, the anniversary of one of the most tragic per iods in our history, when we stood there with our peo-ple—and I can say this with pride, Mr. Speaker —this PLP when we were in power (right? because I hav e seen a few protests ) . . . I do not recall us ever being afraid to go out and walk amongst the people. When the Uighurs protest came, we went out among them. Okay? I heard some nasty stuff. I have heard some stuff, but we went out among them. But you did not see us cowering, hiding, needing protection from an ybody. Mr. Speaker, there is something seriously wrong in this country when the people elected by the people are afraid of the people. There is something seriously wrong. And I have to ask, What goes through the mind of an individual who sees someone that could be their grandmother . . . you know, the l ady Mrs. [Lilymay] Bulford? That could have been my grand mother. My brother, the Honourable Member from constituency 24, that could be my son or my brother who got pepper sprayed. Okay? When you see your own being pushed to the ground, down steps, sprayed in the face with pepper spray, seniors —who thought they would never have to march again— who marched in the 1960s against the political, ideological, philo sophical, and even biological ancestors of this Go vernment that we have today. They marched against them so that we , our parents, would not have to march, too. But they came out again and you know what? I will say one thing about the old Forty Thieves and the old UBP —I do not think they ever pepper sprayed anybody’s granny. So in that regard, kudos, you are different from the U BP. Mr. Speaker, when you find yourself cowering in a room, the people protesting you, trying to figure out if you can all fit in the back of a paddy wagon and force your way inside the people’s House . . . what goes through your mind? What goes through your mind? What kind of person could stay in an organis ation where that type of tomfoolery goes on? What type of person could see seniors, young people being vi ctimised the way they were and stay within that organ isation? What kind of person, Mr. Speaker? Mr. Speaker, I am going to tell you something, all right. I have heard a lot of talk about people who are within the organisation both public and private who are not happy with the Government. A lot more private than public . And I have got just a few words for you. Just leave! Step away from them. If you do not want to be associated with people who feel it is okay to pepper spray seniors; who think it is funny to pe pper spray a fellow parliamentarian; who think it is okay to break promises , to deceive the people repeatedly;
Bermuda House of Assembly to engage in policies that are perceived by many as anti-Bermudian. If you can whisper to me and whisper to everybody else, then you can leave. Step away from them. They will not change. Pharaoh’s heart has been hardened and they will not listen. So if you think you can change it from the inside, well, join the club , because nobody seems to have been able to pull that off yet. People a lot smar ter than me and others could not pull it off. So if you think you are the special snowflake who can, let me disabuse you of that notion. The book of Revelation teaches us Babylon the Great is falling. Come out of her , or what? We have no scholars here? Share her fate. Babylon the Great is falling. Come out of her or share her fate. So, Mr. Speaker, the clock is ticking. The hour draws nigh. The end is near —and not a day too soon for people who believe that when a pol itician makes a promise they should keep it. For people who believe that when a politician gets up and lies . . . or, sorry, a Member who sits in another place speaks an un truth, that they should have the decency to resign. For peo-ple who are waiting for a time for a Government that listens, which actually cares about somebody other than someone who is rich and privileged and has it going great already. The end is dra wing near , and soon you will have that change you seek. Soon, and very soon, you will. Mr. Speaker, for us, it is an awesome responsibility to be potentially on the brink of forming the next Government, inheriting a situation where the debt has been doubled; inheriting a situation where more Bermudians have left Bermuda than have gotten jobs in the past couple of years. A Bermuda where non-Bermudian jobs are increasing and Bermudian jobs are falling. We inherit a situation, some would say, arguably, worse than the One Bermuda Alliance was left with. It is time for change, substantive, real chan ge. And for us, as I said, it is humbling to potentially be on the brink of that change. But we must never forget that the One Bermuda Alliance is not our barometer of performance. We should never come to this House and say it is acceptable to be dishonest, to break promi ses, to engage in anti- Bermudian behaviour (as perceived by some) just because the One Bermuda All iance did it, or the UBP did it , or the PLP did it a hu ndred years ago. We have to have a higher standard. We have to maintain humility. We have to maintain the ear of the people so that we too can co ntinue to walk amongst the people without fear, wit hout body guards, without having to worry about someone coming to our house and doing something to us, because we are doing the peoples’ will and not our own. That is what is coming. And that is what all of us on this side of the House must keep near and dear to our hearts. The people first, the people second, the pe ople third, and then us. We have to speak for Bermudi-ans first. We have to fight for Bermudians fi rst. We have to stand up for Bermudians first. We have to speak pos itively of Bermudians first before ourselves. That is what the people wanted when they voted in 2012. They wanted something better , but instead —I do not have to say it, they say it —they got something worse. A Government that could look at a senior get-ting pe pper sprayed and a Government that could consider loading themselves in the back of a paddy wagon and com ing into this House of Assembly to try and force their way [against ] the wil l of the people. A Government that felt it was okay to cut scholarships. Look at the record, Mr. Speaker . At the very least , whether you are PLP or not, I believe that many One Bermuda Alliance supporters who believed what they were say ing will t ell you, t hey did not get what they purchased. They were sold a six and, Lord, it is nine. It is not even a nine. It is a letter “ X.” It is not even a number. So, Mr. Speaker, the time has come. The case has been made. We have begun to lay out our vision of a Bermuda that works for Bermudians. A Bermuda where Bermudians come first —not as an afterthought, not as a by -product, not as a you get it maybe later after everyone has got some, maybe if so . . . no, Bermudians come first. That is what is com ing. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Attorney General, T. G. Moniz. You have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker. The Honourable Member who spoke before me enjoyed, although he said he is not religious or not particularly religious, became very Old …
Thank you, Honourable Member. The Chair will now recognise the Honourable Attorney General, T. G. Moniz. You have the floor.
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. The Honourable Member who spoke before me enjoyed, although he said he is not religious or not particularly religious, became very Old Testament on everyone threatening all sorts of apocalyptic revenge and apocalyptic happenings. But let us have a little bit of a reality check. The truth, as we all know, is that the PLP were thrown out of Government because the people judged them and found them to have failed. So the OBA came in and we had an economy that was in a shambles. Now what we are doing is trying to turn that economy around and we have a number of initiatives to do that. Obviously we have the America’s Cup. We have major infrastructure projects. One of them being the airport project which we feel is very sensible. Members, we will debate it next week so I am not going to get into the details of that. We obviously are trying to also get new capital injections from outside to expand the economy to build new hotel projects to get that industry kick -started, to get the construction i ndustry going, to get people employed, and have a long-term via ble tourism product. 444 3 February 2017 Official Hansard Report
Bermuda House of Assembly Now, it seems that some people want to destroy that. There are people in the community who want to sabotage the economic recovery of Ber muda for their own political gain, and as they say , who the shoe fits should wear it. So we hav e heard speeches, we have heard speeches, you know, at labour conferences . . . I sat there and listened to one myself where we were told bring down the OBA Government at all costs. At all costs! They cannot be permitted to succeed. They cannot be permitted to turn the economy around. We must destroy the OBA and in order to do that we are willing to destroy everything. And that is what I heard. And perhaps, you know, so said, so done. We see a concatenation of events where people are con-stantly encouragi ng . . . and we have seen Members from the Opposition on a regular basis encourage members of the public to break the law. And all soci eties, as you will know, Mr. Speaker, rely upon the rule of law. If w e do not have the rule of law. We do not have an organised society. We have anarchy. And believe you me; none of the Members in this House would enjoy that. None of the Members on that side would enjoy that. There are certain individuals who would try to turn situations to their political benefit. And we sa y, shame on them. And you know that Ho nourable Member had the temerity to say, Oh, the Members of Government are cowering; they are afraid. Well, no, we are not afraid. We are not afraid of anything. But we are brave enough— we are brave enough for the sake of this country —to turn the other cheek when people are saying break the law, bring down the Government, bring down the economy, and destroy this country. We are brave enough to turn the other cheek and to say we will brave the slings and arrows, the ins ults, the threats. We will brave all of that and, Mr. Speaker, from a small minority who are willing to bring this country down. [Crosstalk]
[Gavel]
Hon. Trevor G. Moniz: Mr. Speaker, I do not mind the giggling because Bermuda is listening out there. B ermuda is listening and the vast majority of Bermudians know we are turning the economy around and they are disgusted with those few individuals, including individuals in the Opposition who are willing to use this situation for their own political benefit. You know, we on this side, certainly I on this side, do not think that the police had a workable strat-egy on December 2 nd. I was very disappointed in the police, n ot only on that occasion but on numerous previous occasions. I have said that before in th is House. They need to get their strategy organised when people have a design to break the law. You need to be prepared for that. In the past they have not been pr epared. So do I like to see the fences around here? Do I like to see the police officers around? No, I do not. Is it necessary? Obviously, yes, because Mem-bers on that side are calling for civil disobedi ence. I saw one of those Members on TV say , We need leadership in this country . And his title has the word leader in it. He is looking to everybody else sa ying, Where is the leadership ? Where is the leadership? Well, he should just look in the mirror and there is the leadership, and he has failed. He has failed. So he is bringing the country down. But we are going to continue turning the other cheek. We know the vast majority of Bermudians appreciate the cour age and bravery of our Members in pursuing our pr ogramme and we are turning this economy around. We are being successful in bringing in new economic cap ital injection in terms of hotels, the America’s Cup, the airport project will be successful — in spite of those who try to sabotage this Government, this economy , and this country for their own political gain. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 6, MP Wayne Furbert. You have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I must say that the Honourable Member from constituency 9 has not changed. [Laughter] Hon. Wayne L. Furbert: All I …
Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 6, MP Wayne Furbert. You have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I must say that the Honourable Member from constituency 9 has not changed. [Laughter] Hon. Wayne L. Furbert: All I did was smile at him. But, Mr. Speaker, there is no doubt December 2 nd was a sad, dark and, to a certain extent, frightening day for those of us who were there. Mr. Speaker, I remember that morning wal king up and finding out that there was a blockade at the front door. But, Mr. Speaker, I remember talking to an assistant commissioner of police who felt that the pr otest was very orderly (and this was early in the mor ning). He was talking to police officers back and forward. I mean, assistant commissioner of police. He spoke to myself and one other Member on this side. It was n ot until later on in the afternoon when for some unknown reason I saw these officers walking down Parliament Street and I went to a particular officer in the wh ite . . . no, we did not move there then. It was not until the riot squad came around the corner when several of us . . . and I do not know what made me do it because that is not my norm to stand in front of police officers and our people. But I know why I did
Bermuda House of Assembly it. Because there were seniors, par ticularly a lady who could not even see, in the gate, and something in me stood up, Mr. Speaker, and sa y, This cannot take place. So I stood in front . And I remember a police officer walked up to me and said, Mr. F urbert you have to move. And I said, No, I am not . I am not. You are not hurting the people today. Not only where . . . for some reason the only people that knew what was go ing to take place was the riot police because many police officers around us were shocked. What is going on? What is going on? I mean they came in like they hit a brick wall— boom! —and bounced off. It was the most frightening experi ence to be in front . . . I have never done it in my born days , to stand in front and say you cannot do this. I told a gentlemen in a white shirt, it must have been an inspector, This is wrong . Something could have been done better. Were indi viduals blocking the gate doing something illegal? We can argue that we should not have been blocking the gate. I can accept that. But I think the comm unication by the Government over the years . . . nothing is going to change. I heard someone saying something about now we are in an election year that something —this group? Government is not going to change. We are going to have ten months left of the Government. Ten more months left. And I heard the Honourable Member talking about the small minor ity. If they are so confident in that the majority will support them, drop the writ. Drop the writ. Mr. Speak er, I can guarantee that most of them will be sitting on this side watching the sun go down. It is very clear and they know it. Many of them know the result and the impact of . . . and there is r eally nothing they can do between now and the election to turn it around. There is really nothing. Whether it is America’s Cup, or they are putting a shovel in the ground down in St. George’s, whether they are putting a shovel up at Morgan’s Point, whether they are putting a shovel somewhere else, whether they are putting a shovel at the airport , that is not going to turn around the pe ople. So, Mr. Speaker, I said that day was very frightening. For some reason, I was speaking to an officer and somebody there lifted me up and said, Wayne, come on inside. Come on inside. And this was a very strong fellow. He had to be, yes. I felt like I floated, Mr. Speaker.
[Laughter] Hon. Wayne L. Furbert: Literally! He said to me, The camera is on you. I r emember him saying that part. The camera is on you. Well, I did see some of the cameras on Bernews. The camera is on you. But it did not bother me because I saw that we had to stop the enforcement of trying to hurt the people of Bermuda. Then all of a sudden they disappeared and went around the corner. I said, Well, ma ybe they are just going. And they came across a very small crowd. And a lady was saying, Thank you, Jesus. Thank you, Jesus . I could not figure out how such large men and women or group tried to force on such a small group and it had to be, Thank you, Jesus. Thank you, Jesus . That is all they heard the lady say. And then some police officer, a particular police officer, took out like he was shooting two guns. Blip, blip, blip, blip, blip. That cannot be right, Mr. Speaker. That cannot be right. I cannot believe that a Member on t hat side of the House would support such . . . well, no , they did not , because I heard the Honourable Member from constituency 30, the Honourable Leah Scott say that it was wrong. The Honourable Member Mark Pet-tingill from constituency 25. So we clearly heard that they thought it was wrong. I can imagine being in that room where they were in bunkers for the whole day , and I can imagine those individuals, what some of them did say. And it was not about . . . I can imagine the force of some of them wanting to make sure that things got done. I just can imagine it. I know the mindset of some of them. Been there, done that. So you cannot have such behaviour by the police. Yes, we understand something . . . but you cannot have a situation where a peaceful demonstr ation . . . and we could have probably got through the day and then had some discussion. Why did we not get to that stage? Because things have calmed down. It has calmed down. I think the atmosphere today, the amount of police officers on the ground and the barriers around, this is the peoples’ ground. We are only here because the people put us here. But yet, they were not allowed to enter in large numbers, as I heard. I heard the police commi ssioner read out and say that people would be falling down of f some step. Well, that has never happened. No one has fallen down steps, and we have had large groups over the years. So what is going to be the norm going forward? Will 100 be allowed on Parliament [property]? Will 50? Will 25? What is the number when the police now will come in and put barriers, because we have a hundred people on their property? They put us here. I thought it was shocking this morning to see how many . . . I told them to go home. Look, I said, you must have read the wrong tea leaf this morning but no one is showing up today. Go home so we do not have to pay overtime. Go back. So, Mr. Speaker, the people of Bermuda have clearly come to, I believe, the ends of their wits. They have come. So why could not all this time . . . and you are aware that a certain committee has been asking for information for a long time, a long time, long time, 446 3 February 2017 Official Hansard Report
Bermuda House of Assembly if that information had been released much earlier we could have been discussing these issues. That is what is the problem with saying let ’s hold on, we are coming here to discuss information in this Honourable House on a Bill to be passed and we are not aware of what is in it or what the ramifications are to certain agreements. We cannot be in such a state. We have to be trusted. Everyone else around, or certain civil servants know and other people know , and the Members of this House are supposed to come to this House and pass a Bill that we do not even know the details . Then we get the information, as you know, Mr. Speaker, certain information was released by the Finance Minister . A very thick document —thick —I do not know if we would still have a chance to read it by next week. So if they had only not been as bullheaded ( in a non- parliamentary term ), no, we have not . . . if they had not been bullheaded we could have been having this debate last December 2 nd. My Honourable Leader was asking for this information for months, for weeks, saying, Listen, we need information. But they tried to stand their ground and every time they have stood their ground on i ssues , they have failed. They have failed the people. Whether it was the immigration issue, whether it was the airport issue . . . a nd so I do not expect a whole crowd of people. Tell the police stay away next week . They are not going to be up here—to do what? We have got the information now we can discuss. We may not have all the information, but we can discuss it much more intellectually and get the things done. That is all the people are asking.
An Hon. Member An Hon. MemberDemanding. Hon. Wayne L. Furbert: T hey were demanding. But you had the 12 disciples who were insisting that we would not see that information, particularly coming from one of the lead Ministers. It cannot be right, Mr. Speaker . And so as we move now into February . . …
Demanding.
Hon. Wayne L. Furbert: T hey were demanding. But you had the 12 disciples who were insisting that we would not see that information, particularly coming from one of the lead Ministers. It cannot be right, Mr. Speaker . And so as we move now into February . . . now ten months left. Some of us will disappear from that side very shortly because the people will have their say. And as my Honourable friend talks about the silent majority , they will speak and say your time is up. Thank you.
The SpeakerThe SpeakerThank you . Thank you, Honourable Member. The Chair will recognise the Minister for Home Affairs, Minister Gordon- Pamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker, and good evening to colleagues. Mr. Speaker, as I have sat and listened to the contributi ons thus …
Thank you . Thank you, Honourable Member. The Chair will recognise the Minister for Home Affairs, Minister Gordon- Pamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker, and good evening to colleagues. Mr. Speaker, as I have sat and listened to the contributi ons thus far on the motion to adjourn, let me just say that it is interesting to sit and listen to the an-gelic Opposition who came with clean hands on the 2 nd of December, with absolutely no knowledge as to what was going on, and that ogre Government over there who will not listen to the people created this situation to which we were all exposed on the 2nd of December. But what I have not heard about was the r obocalls that went out the night before or the blast e - mails that went out the night before to make sure that people were here to block the grounds and to ob-struct —
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. Diallo V. S. RabainPoint of order, Mr. Speaker. I would say the Honourable Mem ber is misleading this House. Unless she can produce proof of robocalls and e-mails, she should withdraw those comments.
The SpeakerThe SpeakerThank you, Honourable Member. Carry on. Hon. Patricia J. Gor don-Pamplin: Mr. Speaker, of all the things that have been said in this Honourable House, that has got to be the most duplicitous that I have ever heard, the most ludicrous that I have ever heard. What the Honourable Member …
Thank you, Honourable Member. Carry on.
Hon. Patricia J. Gor don-Pamplin: Mr. Speaker, of all the things that have been said in this Honourable House, that has got to be the most duplicitous that I have ever heard, the most ludicrous that I have ever heard. What the Honourable Member might want to do is maybe just ask the person who was responsible for creating or for ensuring that those robocalls and blast e- mails were sent , he might want to just ask because, you know, it could be that he is just plain misi nformed. I do not believe that ; but there is a possibility . And I am willing to give the Honourable Mem ber the benefit of the doubt. So as this angelic Opposition stood amongst the people . . . Mr. Speaker, I am going to say exactly what I faced that morning because I recognised and realised that there were people surrounding this place and, therefore, instead of driving in, I asked my son to bring me in. And he dropped me on the corner of Court . . . I am sorry, of Parliament and Church [Streets] and as he turned the corner, I got out of my car and walked across and realised that there was an issue. Mr . Speaker, I walked, I said good morning to the people who were standing on the corner and I will say exactly —it is unparliamentary, but I am go ing to say exactly what I heard. This gentleman said to me “Here comes this fucking bitch. I could hang her!”
Bermuda House of Assembly The Speaker: Honourable Member, Honourable Member! Withdraw that! Hon. Patricia J. Gordon- Pamplin: That is what he said.
The SpeakerThe SpeakerYou are not going to use that language in here. Withdraw it right now! [General uproar]
The SpeakerThe SpeakerWithdraw it . I do not care whether anyone else said it or not! Hon. Patricia J. Gordon -Pamplin: Mr. Speaker —
The SpeakerThe SpeakerWithdraw it! [Inaudible interjections] Hon. Patricia J. Gordon- Pamplin: Mr. Speaker, I will withdraw that —
The SpeakerThe SpeakerThank you. Hon. Patricia J. Gordon -Pamplin: I will withdraw that. I will withdraw that comment, Mr. Speaker. [Inaudible interjections]
The SpeakerThe SpeakerThank you. Hon. Patricia J. Gordon -Pamplin: But I can tell you that that venomous kind of attitude was what I faced. Those were the exact words that I faced when I came down. [Inaudible interjections] Hon. Patricia J. Gordon- Pamplin: And I do apol ogise for that. I did. …
Thank you. Hon. Patricia J. Gordon -Pamplin: But I can tell you that that venomous kind of attitude was what I faced. Those were the exact words that I faced when I came down.
[Inaudible interjections]
Hon. Patricia J. Gordon- Pamplin: And I do apol ogise for that. I did. I apologised. I withdraw the stat ement.
Hon. Wayne L. Furbert: Mr. Speaker, Mr. Speaker — point of order.
The SpeakerThe SpeakerHonourable Member, she did . . . the Honourable Member has withdrawn and has apo logised. Hon. Patricia J. Gordon -Pamplin: And I apologised. There is not much more I can do.
The SpeakerThe SpeakerYes, yes. She has apol ogised. Hon. Patricia J. Gordon- Pamplin: Mr. Speaker, that is part and parcel of the pain that I felt that morning because my son dropped me off so I could come to do what I do every single day, and that is to give my …
Yes, yes. She has apol ogised. Hon. Patricia J. Gordon- Pamplin: Mr. Speaker, that is part and parcel of the pain that I felt that morning because my son dropped me off so I could come to do what I do every single day, and that is to give my best to the people of this country in conducting the bus iness that we believe is appropriate. That is what I faced that morning, Mr. Speaker. That was painful. That was painful for me. So was I going to be amongst those people who had that level of venom towards me? No, I was not going to b e wal king in and among them during the course of the day. So if it is deemed that I was holed up somewhere, then, yes, I was, Mr. Speaker. I was told by a police officer outside to go over to the GAB [Government Administr ation Building] where some of my co lleagues were, and that is where I went. Subsequently, after a couple of hours, Mr. Speaker, I came out . I walked in and amongst the people who were on the street. There was a funeral procession going on that same day, Mr. Speaker . But that was the kind of venomous attitude. So when we hear these angelic Opposition [Members] having helped to initiate that level of engagement . . . I am not saying that they were responsible for the emotion that the people felt . But they certainly did nothing to help to dispel it. And at the point that they were all walking in and amongst those peo-ple outside, Mr. Speaker, at no time did any one of them say . . . let me . . . at least say to our people who are here— all of our people as representa tives—to say, you know, We do not have a problem with the demonstrations; but we have a problem with you breaking the law by blocking the entrance. Nobody said that. Nobody said that. So we hear all the her oism that is coming now because somebody jumped in front of the old lady. That pepper spray, Mr. Speaker, is painful. That was as painful to me to experience as were the words that I had to listen to by that gen tleman (if I can put it that way) who stood on that corner. That was as painful to me. Members Opposite may not have an ap preciation for that. But, Mr. Speaker, I know what it is that I come to do on a daily basis. So when we hear that sort of thing, Mr. Speaker, it is something that is unacceptable— unacceptable by any standard —for Members to stoke the emotions and hope that not only is the situation that is already tenuous , at the very best, to be able to stoke it to ensure that it enflames, Mr. Speaker, and to bring in all kinds of references to things that have happened historically. That is the sort of thing that we faced that day, Mr. Speaker . And tell me, Mr. Speaker, as whoever ha ppened to be in here and those of us who tried to get in here . . . we were coming here for one purpose and that was to debate the peoples’ business. Do we de-serve to be treated like that, Mr. Speaker? I do not believe we do. Does the public deserve to be treated like that? I do not believe they do. Does the public deserve to have their em ot ions stoked to create such an emotive response as we saw that day —helped by the Opposition and their robocalls ? No, I do not believe that they did. Helped 448 3 February 2017 Official Hansard Report
Bermuda House of Assembly by the comments that were made on talk r adio, you know, with the disgusting show that comes on every day. That is the sort of thing that we have to deal with as a people, Mr. Speaker. Those are the kinds of things that help to create the negative environment that we had in this Honourable House, Mr. Speaker. I am not saying that this Government has done everything well. We do know that between 1998 and 2012 the former Government did lots of things that did not make the people very happy . And the people turned away from them. [From] 1998 to 2003 was perhaps the worst time , because it was almost like, Let us see what we can do to aggrandise ourselves and make sure that there is nothing left for an-ybody else. But in 2003, what did they say? Oh, we realise now and I remember the former Premier Alex Scott making the comment, We will now take care of the concerns of the people. Give us another opportunity. Those were his exact words at that point in time, Mr. Speak er. So I understand that it is very easy and it is probably because . . . in 2003 we, as Opposition, were trying to encourage people that the things that hap-pened between 1998 and 2003 were not being done in the best interests of the country. And this is what the Opposition is trying to do now . And I accept that this is their role. I accept that this is what they are wil ling to do; what they believe they are called to do. Mr. Speaker, we heard about us having promised jobs. Yes, we want ed to help to create jobs, but every single thing that we have done as this Gover nment, the Opposition has tried hard to make sure that they undermine every single effort . And it becomes a little tiresome. Because we have to face people ha ving to go to Financial Assistance to be able to get money to put food in front of their children and to know that we have an Opposition that would do not hing but stand in the way of progress for those people , and they say , Oh, we want to make sure that people get a chance to . . . you kno w, We do not want to see things not going well for the country . You do not want to see things not going well, but you do everything to ensure that it does not go well. Mr. Speaker, there are such forked tongues coming in this Honourable House and coming f rom Members Opposite, Mr. Speaker, because that is their DNA. That is how they operate. What do they do? Sit there and point and say, Oh, that is the Government, those are people who do not care. Tell me I do not care! Mr. Speaker, tell me why I would on every day get up to see what I can do to assist the people of this country to be able to look at and pass legislation and to deal with the pain that I felt on December 2 nd—but knowing that it was the culmination after the phone calls that I got on Decem-ber 1 st from the robocalls. That is the kind of nonsense that we are facing, Mr. Speaker . And then we come up here with this holier -than- thou attitude. How dare they, Mr. Speaker! Let me just end because this is like really frustrating to me, but I am just going to say, the Ho nourable Member from [constituency] 27 [sic], the newest Member —
An Hon. Member An Hon. MemberTwenty -six. Hon. Patricia J. Gordon -Pamplin: —Twenty -six, constituency 26, the newest Member, made reference to the fact that the playground in his const ituency was cut two days before the election, and [asked] does anybody believe that the people of Warwick are so stupid that they are going …
Twenty -six.
Hon. Patricia J. Gordon -Pamplin: —Twenty -six, constituency 26, the newest Member, made reference to the fact that the playground in his const ituency was cut two days before the election, and [asked] does anybody believe that the people of Warwick are so stupid that they are going to run to the polls and vote for som ebody from the other team because their grass got cut. Well, Mr. Speaker, I am not sure whether that Honourable Member is aware of the fact that every single one of us has a responsibility to our constit uents. And I can tell you that I have had Members O pposite call me up, when I was the Minister of Public Works, and say, Minister, the trees are growing out in the road in my constituency. Can you cut them back? Do I stop and say, Oh, no, I am not going to cut them back because you serve on the other side. No! Every single Member is responsible for ensuring that their constituency is looked after. So the same way the Honourable Member was able to criticise—
Mr. Neville S. TyrrellPoint of order, Mr. Speaker, Hon. Patricia J. Gordon -Pamplin: —it is important to understand, Mr. Speaker —
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. Neville S. TyrrellMr. Speaker, the Honourable Member on the other side is definitely misleading the House. Hon. Patricia J. Gordon -Pamplin: I am not misleading the House.
Mr. Neville S. TyrrellI did not get elected until the 20 th of December. So I am not quite sure where she is heading on this.
The SpeakerThe SpeakerAll right, thank you. Thank you, Honourable Member. Hon. Patricia J. Gordon- Pamplin: The Honourable Member made a statement, Mr. Speaker, in his presentation that the grass in the playground was cut two days before the election and did people think . . . or were the people of Warwick …
All right, thank you. Thank you, Honourable Member. Hon. Patricia J. Gordon- Pamplin: The Honourable Member made a statement, Mr. Speaker, in his presentation that the grass in the playground was cut two days before the election and did people think . . . or were the people of Warwick being taken as fools for
Bermuda House of Assembly going and thinking that they would go to the polls. Those were his words ; not mine. But I said that to say that the previous repr esentative for that constituency and the previous one before him could very easily have called somebody from Public Works and said to them , This playground is overgrown, t his playground is disgusting and can you please make sure that it is seen to. Because that is what governments do and that is what we ensure gets done. So I say that to say —
The SpeakerThe SpeakerYes, yes, Honourable Member. POINT OF ORDER [Misleading]
Mr. W. Lawrence ScottThe Honourable Member is misleading the House because I know myself that since October 31st I have been asking the Gover nment to fix the bus stop next to Swizzle South and it still is not fixed.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. Hon. Patricia J. Gordon- Pamplin: Mr. Speaker, I say that to say , just in case Members are unaware, that they have as much right to call any de partment to highlight any issue that they have in their constituency, in their representation of …
Thank you. Thank you, Honourable Member. Hon. Patricia J. Gordon- Pamplin: Mr. Speaker, I say that to say , just in case Members are unaware, that they have as much right to call any de partment to highlight any issue that they have in their constituency, in their representation of their constituents . And the Government has an obligation to respond. If that is not the way they were accustomed to operating when they were on this side, then that is not my fault. But I can tell you that is the way that we o perate. So, Mr. Speaker, through a very painful couple of months I have one hope and one wish, that we are able to reintroduce a level of civility in this Ho nourable House so that we do not get the duplicity that we have heard, Mr. Speaker, that we are able to be effec tive in looking at and considering the Bills that come before us , whether they be Government Bills or Opposition Bills, and to be able to work for the better good of the people of this country , and to stop this nonsense that we have heard tonight that they are just so wonderful and so angelic , that they can do no wrong and those ogres on the other side can do not hing right. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair recognises the Honourable Member from constituency 13 (right)?
Mr. Diallo V. S. RabainConstituency 13. Thank you, Mr. Speaker. Mr. Speaker, we have heard several speakers from . . . well, we have only heard two from the Government so far. And, Mr. Speaker, judging by what we have heard from the Government, there should be absolutely no reason why the people of …
Constituency 13. Thank you, Mr. Speaker. Mr. Speaker, we have heard several speakers from . . . well, we have only heard two from the Government so far. And, Mr. Speaker, judging by what we have heard from the Government, there should be absolutely no reason why the people of Bermuda should not be at home right now who are listening, thinking to themselves, Why won’t they just call an election ? So that we can just move on from this era. [Inaudible interject ions]
Mr. Diallo V. S. RabainBut, Mr. Speaker, Mr. Speaker, I will go back to a statement I made when I sat in another place. And it was said in May 2014. Mr. Speaker, I said the people of this country need repr esentation that they can trust. The OBA ha ve done more damage …
But, Mr. Speaker, Mr. Speaker, I will go back to a statement I made when I sat in another place. And it was said in May 2014. Mr. Speaker, I said the people of this country need repr esentation that they can trust. The OBA ha ve done more damage to this perception in their 18 months of power than the PLP did in 14 years. At this rate we are looking at people marching in the streets on a regular basis. Let us fast forward three years and what are we seeing? We are seeing people march almost monthly it seems like. But all we are hearing from this side is, It’s the Opposition’s fault. It’s the Opposition’ s fault that they are marching! It has nothing to do with what we are doing! It is what they are doing. They are the Government . The Government must lead. If the Gover nment cannot lead, then get out of the way! And why they cannot lead, Mr. Speaker —
[Desk thumping]
Mr. Diallo V. S. Rabain—is weak leadership! The Leader of the One Bermuda Alliance is weak. Very weak. He has lost three by -elections. He cannot even get a referendum right. He cannot even get a referendum right , and today when asked very simple ques tions, all he did was avoid. Avoid, avoid, …
—is weak leadership! The Leader of the One Bermuda Alliance is weak. Very weak. He has lost three by -elections. He cannot even get a referendum right. He cannot even get a referendum right , and today when asked very simple ques tions, all he did was avoid. Avoid, avoid, avoid. He did not deny ; he just avoided. I will have to look. One of the questions was to the best of your recollection who did you speak to? He was like, I have to look at my phone records. I do not r emember who I spoke to —on one of the most i mportant days in our history. One of the most important days of the One Bermuda Alliance’s one term in Gov ernment. The only term that they will have —December 2 nd—and the Premier says, I can’t remember who I spoke to. I can’t remember. See, Mr. Speaker, leadership is being out there with the people and talking to the people and conversing with the people and figuring out what the people want. Leadership is not cowering in a building trying to fig ure out how we can break through the very people who voted for you. That is not leadership. That is cowardice. That is not the leader ship that this country needs or deserves. Yes, they voted for the One Ber m uda Alliance and the speaker that spoke before the last speaker for 450 3 February 2017 Official Hansard Report
Bermuda House of Assembly the One Bermuda Alliance that said the PLP was tossed out . . . four votes. If an yone is hanging their hat on that, saying that they got tossed out, then they are more delusional than we think. Four votes. And I will tell you where those four votes are. Those four people from constituency 2 have moved to constituency 13. And I have spoken to them. The four votes . . . it is a mom , a dad and two daug hters. And they rue their decision to this day. Absolut ely. They will stand up hand on Bible and say, We made a mi stake. And guess what? If they did not make that mistake , we would not be talking about be ing thrown out. So if they want to hang onto that type of victory and continue with the vitriol that we see coming from that side, blaming the Opposition for everything that they do wrong, that is systematic of weak leadership. Very weak leadership. Weak leadership, weak leader-ship, weak leadership. Just call the elec tion. Get a mandate from the people and we will see what the people want and we will see who is getting thrown out, Mr. Speaker. Yes, we will see. So, Mr. Speaker, when we think back on D ecember 2 nd and we think of what happened, the one thing that will always stand out in my mind is the One Bermuda Alliance chose to cower in a building and not come out and speak to the people. Ably led, some would say, by their weak leader, following hook, line and sinker. So continue to follow the leader that you have, a leader who has never won any election as the lea der of a political party. Okay? Anyone can look at that. It is a track record. It is a track record. He has never won an election as the leader of a party and he will not win an election. He has led this party down the path that they have been going, and he will continue to lead this party down the path that they are going. If they think that they can continue to blame the Oppos ition for every own goal they score and at the same time try and force their policies onto the people of Bermuda, they have another thing coming. We look forward to next week when the ai rport comes up. We look forward to them seeing again the power of the people because, Mr. Speaker, if they were so conf ident . . . they do a poll on everything else. They even have their Parliament Members doing polls on themselves! Why won’t they release the poll on the airport? Why won’t they do a poll of the people of Bermuda on how wonderful this airport deal is and see what they want? Why, Mr. Speaker? Weak leadership— and it starts at the top. When you are weak at the top, you will be weak at the bottom , and that is it, Mr. Speaker. Call the election ; get a mandate so that we can move on from this horrible experience and experiment called the One Bermuda Alliance. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you. Thank you, Honourable Member . Thank you. The Chair will now recognise the Honourable Member, Member Leah Scott , from constituency 30. MP Lea h Scott, the Learned Member, Leah Scott. You have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker. I appreciate having the opportunity to speak, Mr. Speaker. I agree that December 2nd was a very dark day. I am not happy about the things that went on that day and, as people know, I have been very vocal about my feelings about the position …
Thank you, Mr. Speaker. I appreciate having the opportunity to speak, Mr. Speaker. I agree that December 2nd was a very dark day. I am not happy about the things that went on that day and, as people know, I have been very vocal about my feelings about the position the One Bermuda Alliance has taken on a lot of issues. We campaigned on honesty, transparency, responsi bility, and accountability. Those are my pri nciples , and as long as those principles are not being abided by, I am going to speak out against it. It is no secret that I have spoken to Members of the Oppos ition about how I feel. It is no secret that I have spoken to my own Members about how I feel. I do not hide how I feel because I do not think that my position is wrong. If this is what we are standing for, then this is what we stand for. This is the group that I joined, and I expect them to act in that manner. I think that it is disappointing that the whole Hous e behaves inappropriately at tim es. I think that it is disappointing that young people are not interested in getting involved in politics because of the manner that we conduct ourselves on this hill. I think that it is disappointing . . . I wrote an article, Mr. Speaker, after the protest to say that, essentially, if we do not get ourselves together and stop acting the way that we act, people are not going to want to come to Bermuda, they are not going to want to invest here, they are not going to want to do to anything here. I included in my article that the Honourable Opposition Leader was one of the lawbreakers on that day. The Honourable Opposition Leader sent me a message and told me he did not appreciate what I said, that he was not actual ly breaking the law, that he was here facilitating assi stance with the older people. So do you know what I said to him? I said, Well, I will retract my statement. And I retracted it and I put a public retraction in the newspaper because it was the right thing to do. If I was misleading the public about my stat ement and he corrected it, then I changed it because that is the right thing to do. Conversely, one of their members, Mr. Eron Hill , wrote to the newspaper and wrote a scat hing article disclosing private convers ations. I am not ashamed of anything that I said to Mr. Hill. There is nothing that I said to Mr. Hill that I have not said to anybody in my party. But the fact of the matter is that if I am going to conduct myself with di gnity towards a Member of the Oppos ition because they made a r equest, I would expect the same thing to be extended to me.
Bermuda House of Assembly And whether or not he is in the Opposition, he is a member of the party, and I am sure that som ebody had to have seen what he was writing.
[Inaudible interjection]
Ms. Leah K. ScottOkay, well , correct me if I am wrong. [Inaudible interjection]
An Hon. Member An Hon. MemberIt was an op- ed. It was his own writing. [Inaudible interjection]
The SpeakerThe SpeakerHonourable Member s, speak to the Chair.
Ms. Leah K. ScottAll I am saying is that we in this entire House have to learn t o conduct ourselves better. We have to. We have a country to run. We have made mistakes, yes . But you know w hat? When the PLP was Government, they made mistakes too. The reality …
All I am saying is that we in this entire House have to learn t o conduct ourselves better. We have to. We have a country to run. We have made mistakes, yes . But you know w hat? When the PLP was Government, they made mistakes too. The reality is that when you get in that position all the things that you think that you want to do or that you are going to be able to do, you cannot necessarily do. And you are not going to please all of the people all of the time. No, we have not done well s ocially. No, we have not done well at connecting with the grassroots people because our focus has been on trying to raise revenue to fund social [programmes] and to do things. Yes, we can do better and, yes, we should be doing better. But the reality is that if and when the Opposi tion becomes the Government, they are going to face the same challenges. The challenges that they will face as Government will be no different than we are facing. The problems that we are facing as a Go vernment will be no different. I hope that if they do b ecome the Government, they have the acumen and the sincerity and the consciousness that they are accusing us of not having as a Government. This is not an easy job and it will be an easier job if we can all work t ogether. I hate the Westminster system. I hate the combativeness of it. I hate . . . you know, we should all be working for the good of Bermuda. That is why we are here! We were elected to be leaders. We come together because we think we can take this country forward. That is what we want to do. And we sit up here week after week —and I think I have said this before—and we go at each other, sometimes we do not even accomplish anything pr oductive. We are adults! We have children that are looking to be future leaders of Bermuda. So we need to be an example and we need to be a representation for those that are going to be coming behind us. We want them to have a country that they can take for-ward, and we need to be leading them by the example so that they can take this country forward. Not per-sonal affronts against people, not personal attacks against people, but we should be holding each other up and lifting each other up and taking Bermuda to the place that it needs to be. I think it is insulting the things that we say about each other. I think it is insulting the things that we write about each other. You have cowards on the blogs who will not put their names out there, but will write all kinds of ill and speak all kinds of manner against you. I have had people say things about me— they do not even know me! But they do not have the courage to run for an election to sit up here . . . we have armchair politicians . You know, the best quarterback is the one on Monday morning sitting in his chair drinking a coffee. We need to stop it. We need to stop it as leaders of this country and the community needs to stop it and we all need to work together. We need jobs. We need money. We need to get this country going. And the other thing is that we have Donald Trump in the United States now who is going to be passing all kinds of legislation that is going to impact this country as a jurisdiction. And that is what we need to be worried about. Because you know what? It may be that the airport legislation is irrelevant, that the ho-tel in St. George’s is irrelevant, that America’s Cup is irrelevant if we get Donald Trump to pass legislation that is going to cause reinsurance and insurance companies to leave Bermuda, and that is a reality. If they go, that is the foundation of this economy , and then what are we going to do? Then who are we going to blame? Then who are we going to talk to? We need to pay attention. We need to pull up our bootstraps, pay attention, and get our act together. If we are leaders, we need to act like leaders and 452 3 February 2017 Official Hansard Report
Bermuda House of Assembly we need to demon strate the leadership that the people of this country elected us to be— whether we are PLP, OBA, or an Independent.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 19—
Mr. Walton BrownMr. Speaker, it takes a lot to shock me. But tonight I have been shocked by two comments coming from two different Government Min-isters —highly inappropriate comments which have demeaned this Parliament and demeaned all polit icians, as if we could be demeaned even further . I will deal with …
Mr. Speaker, it takes a lot to shock me. But tonight I have been shocked by two comments coming from two different Government Min-isters —highly inappropriate comments which have demeaned this Parliament and demeaned all polit icians, as if we could be demeaned even further . I will deal with Minister Richards ’ comment in a minute, Mr. Speaker, but let me first deal with Mini ster Pat Gordon- Pamplin, Minister for Home Affairs. It is shocking that the Minister did not have the presence of mind not to know that such language was highly inappropriate, to get to her feet and to articulate those words in this Honourable House is just completely out of order and is a very clear mani festation of bad judgment. A retraction was the appropriate step, obv iously . But the damage has been done. It is in sharp contrast to all the calls for us to speak more sensibly and respectfully , and with civility . And that is actually how the Minister ended her comments , yet she began with the most provocative of words to describe how she felt. But let me get to the underbelly of that which moved her to speak in such a man ner. She was concerned that she faced some very offensive comments by a member of the public. Well, I do not usually take the words of my deputy leader, but let me take his words, yes. Welcome to the club . Because that is part and parcel of being an elected Member of Parliament. I am not going to stand here today, Mr. Speaker, and give you a litany of personal stories , which I am sure many Members can give about what names they have been called and what people have said to them. You need to grow up. Being a politician, you will get verbal abuse. Some people will be less graceful than other people. So I cannot accept that something which took place two months ago moved that Minister to be so outraged by the sent iment that she could not control her language in Par liament. We all face verbal abuse and as my Honour able friend from 30- something . . . Ms. Leah Scott —
An Hon. Member An Hon. MemberThirty.
Mr. Walton BrownThirty. She [spoke about ] those cowards on social media who write all kinds of stuff about people on both sides. They are programmed to do it. The simple remedy is just don’ t read it. I don ’t read it. Every once in a while someone will say that …
Thirty. She [spoke about ] those cowards on social media who write all kinds of stuff about people on both sides. They are programmed to do it. The simple remedy is just don’ t read it. I don ’t read it. Every once in a while someone will say that someone said something. I say, Did they sign their name? Well, then I am not interested. I do not want to hear it. So forget about the cowards, but we need to have thick skin in this area. It is not an easy task. I heard the Shadow of the Finance Minister say earlier it is a thankless task. But we all know that going into it. So do not come all of a sudden and act outraged that someone called you a nasty name. We need to be bigger than that. But, Mr. Speaker, the Honourable Minister for [Social Development and Sports], Sylvan Richards, his comments were egregious. He refused to honour your insistence that he apologise to this House. Let me repeat what he said. It strains my presence to r efer to him as an Honourable Member because that conduct is clearly unbecoming of an Honourable Member of this Parliament. But, Mr. Speaker, he said, the Honourable — that Member said that a member of the public and a Member of this Parliament deserved to be pepper sprayed. Callous . Cold. Inappropriate. A Member of Cabinet who sets the law, who sets the policy. I think I probably took a little more personal offence to that idiotic comment, Mr. Speaker, because my mot her was in front of that gate when pepper spray came out. And contrary to the other idiot who said that seniors were bussed to the grounds of Parliament, my mother was a part of the Theatre Boycott in 1959. She was there for the Committee for Universal Adult Suf-frage meetings in 1960. She was there on the front lines in 1965, BELCO [Riot], where tear gas was sprayed. And she has been involved as a parti cipant in every single social justice movement in this country because she cares. She cares about the people in this country. She cares about the future of this country. And to hear an idiotic comment from a sitting Minister that my mother deserved to be pepper sprayed is a sentiment that he clearly feels about the protestors in general. I want to know what is the Premier’s r esponse to that. What is the Premier’s response to a Minister saying I believe people should be pepper sprayed ?
[Inaudible interjec tion]
Mr. Walton BrownAnd refusing to apologise. Oh, he will apologise because next week his presence and his vote will be required. [Laughter]
Mr. Walton BrownSo his feigned, sort of i ntransient disposition, will very quickly disappear next week. BeBermuda House of Assembly cause, Mr. Speaker, you will actually have more le verage on him next week to make a full and unrepentant apology. But, you know, the fact that he could say it with …
So his feigned, sort of i ntransient disposition, will very quickly disappear next week. BeBermuda House of Assembly cause, Mr. Speaker, you will actually have more le verage on him next week to make a full and unrepentant apology. But, you know, the fact that he could say it with such casual disregard, you just have to wonder t o what extent that sentiment is more widely shared wit hin the community. I hear the Honourable Member Leah Scott talk about divisiveness, I heard the Honourable Minister for Home Affairs talk about divisiv eness and the rhetoric . . . Well, it is fuelled by us. It is fuelled by the manner in which we interact. It is fuelled by us for how we speak to each other, what we say and what we do. And, of course, we do not come with clean hands. We all have culpa bility. We all have cu lpability . So I am not going to sit here and act as if it is only on one side. It is on both sides. So we need to demonstrate through our actions and how , seemingly even more so through our words , we can act in a civil manner, we can have debates on issues that are about issues and not per sonalities. I do not debate people. I do not attack people—unless you really get me upset . But we should be dealing with the issues, Mr. Speaker . The issues are what is important , not how someone said it. I am spending time because those comments were so shocking. We should not be talking about what people have said or how they have said it. It should be the content of their positions on i ssues. Yes, we have this Westminster system that is a confrontational system. But it is done like that for a reason. I think Her Majesty must have a grand vision of when all her ancestors formulated this system, Mr. Speaker, because the idea is that when you have people taking opposing sides on issues, the public should get greater clarity on what those issues are because you have juxt aposed views. That is w hy it is here. But because we have a system based on this dichotomous disposition it does not mean we cannot talk in civil ways to a ddress issues. So, if we want people to conduct them selves in a much better way in how we deal with i ssues, we need to start at the top collectively and do so. Protests are fine. I heard the Attorney General say civil disobedience is somehow problematic. Civil disobedience is an inherent component of democracy. It is an inherent component of democracy. Not a si ngle person in this room would disagree with the actions of Martin Luther King, or maybe Honourable Member Sylvan Richards might. [Inaudible interjection]
Mr. Walton BrownRight. But what was the essence of the Dr. King civil rights movement? Civil disobed ience to create a better society. So, let us not have these false arguments about the inherent evils of civil disobedience like we do not understand basic politics. Some countries r esort to revolution to …
Right. But what was the essence of the Dr. King civil rights movement? Civil disobed ience to create a better society. So, let us not have these false arguments about the inherent evils of civil disobedience like we do not understand basic politics. Some countries r esort to revolution to make change because the de-mocracy is so flawed or non- existent . We have a democracy. But when you propose egregious legislation that represents an existential threat to people, and you know the only route is to pr otest in ways that are dramatic and forceful, then that is the option. And hi story will judge the efficacy of those ac tions. So, Mr. Speaker, I was not intending to speak , but when it comes to how we interact, when it comes to the minds of the people when they face con frontation or when they face differences of views, we need to do better. And we need to st art at the top. We are elected to lead. It is not just one side that leads. We collectively, the legislature, have a constitutional role to play in providing leadership to this country. When we provide proper leader ship, the people feel both empowered and know that their i nterests will be best addressed. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will now recognise the Deputy Speaker, Suzann Roberts -Holshouser.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker . Like the Member from constituency 17 who just took his seat, I, too, was not intending to speak. But I do like hearing him speak, because n ormally it is with lo gic and common sense—
Mrs. Suzann Roberts -HolshouserYou know, we all take different things from different people , and there is so much time, like yourself, Mr. Speaker, when we have to listen. Where other people can just put their mind somewhere else there is a tendency for us to actually pay attention and listen. You know, …
You know, we all take different things from different people , and there is so much time, like yourself, Mr. Speaker, when we have to listen. Where other people can just put their mind somewhere else there is a tendency for us to actually pay attention and listen. You know, Mr. Speaker, from someone who has been in this House on and off or in another place since 2003, I can honestly say being in this House is not what it used to be. Be that for the better or be it for the worst. I am not going to say that change is not always something that we are uncomfortable with. What I am saying is not necessarily do we have it right, right now, because I think for the most part we really have to put politics aside and remember why we are here. Mr. Speaker, the last time I checked we are all here to represent the people— not our personal age ndas. So when I hear individuals attacking the Leader of the One Bermuda Alliance saying that is not lead-ership, I then want t o say in the back of my mind well, is it leadership really to guide in a negative man ner? 454 3 February 2017 Official Hansard Report
Bermuda House of Assembly Is it really leadership to promote, perhaps, one breaking the l aw? There is one thing I have to say. I think for most of us ( and it was also alluded to from the Member from constituency 17) . . . we all believe in d emocracy. We have to believe in democracy. Without it we would not be here, Mr. Speaker. But democracy is listening to all, absorbing what is being said rationally , and then commenting. But, again, listening. Because, one, you should not speak without expecting or antic ipating someone listening. Now, unfortunately, what happens with most people (as being part of human nature) is when we find ourselves in a defensive mode, we do not listen any longer , and w e are so busy thinking about how can I come back at that , we do not often ac tually pr esent the argument we were trying to present. But I do take offence at statements that our Leader is not lea ding individuals , because I can point my finger and say, well, tit for tat. And, why not? We are polit icians for goodness sakes. Our job is to represent the people and I appreciate the new Member who mentioned that a park had not been cleared. I have to be honest and say I have been working on getting a park cleared for about three years now. So welcome, we can hold hands t ogether. And I recognise that there are lots of things that have to be done and we will always have to con-tinue to fly the flag. Do not give up. And that is for ev ery constituency. Do not give up! Our job is to repr esent the people and to do the best job we can and I do not honestly believe what I have heard today is the best job we can offer. I think we all should take a little bit of embarrassment. We should all tap our hands and say we should be ashamed of ourselves because we are all responsible for each other. And it goes both ways. I do not want to hear the Leader of the Opposition smiling and sitting back and saying, Yes. I want us to work together for goo dness sake , because that is what the people demand of us! It is getting extremely annoying . . . Mr. Speaker, as a Member who can sit here and say I am (or my family members, were) called Mohawks , and we were laughed at and we were the ridicule of not just me mbers that were of colour . . . but of people who were also white. We were the in- between. But do you know wh at? We are a race of people that recognised as together as a community we shall fight and succeed. And I implore the Members in this House— all of us —to work together so we can succeed together for the people of Bermuda. You say the One Bermuda Alliance have not done anything? We have created, although it star ted (kudos to the PLP), it just was not implemented, giving back to our societies through community works. I think over half a m illion [dollars] has been given by money raised from proceeds from crime. I think, you know, we all need to say that is a job well done. And we all need to say for our con stituency, Can I have a little bite of that cherry so that my constituency can see some of it? Because I think that is fair. Mr. Speaker, I can also say, I think, what, 16 cruise ships heading into St. George’s this year . . . Well, I am sorry, Mr. Speaker, I cannot tell you how many stores will appreciate that. How many individuals who have now set up shop? How many new stores are in the town of St. G eorge’s. Mr. Speaker, that did not happen by luck and it did not happen because we were being crit icised. It happened because we wanted the best for the people of Bermuda. Yes, indeed, like my Member who spoke prior to the Member before, constituency . . . I think she is constituency 30 . . . we need to work together. And quite frankly, I do not want to stand here and just say that. I have a r esponsibility. I have a responsibility to work. So I would like to say for next Friday —and I have already heard contrary —I would like to see a Member from the opposite side take me by the hand and say , Suzann, I will walk through those four or five men that have got their arms crossed and won’t let you walk. I will walk through there with you. I will get you up into the House so you can do the job for all the people of Bermuda. I ask any one of you on the opposite side— any one of you —take me by the hand and walk me through that crowd. Make me feel comfort able, because, quite frankly , I was not. And I am sorry if that offends someone and I am sorry if . . . hey, I should not b e uncomfortable. I am. I was , because that is not my Bermuda. And did I shed tears? You better believe, Mr. Speaker, I shed tears because like it was not your Bermuda, it was not mine either. I can not live in a fantasy world that b elieves that politicians hold hands. I remember way back in 2003 a Member who now sits in the Opposition was sitting in Government . . . I was talking about someone on financial assi stance and I was passionate as normally I can be, there is that little bit of Portuguese and St. David’s Islander . . . what a mix, Mr. Speaker. I was told that you cannot take it personally. But we are human. And if I knock on som eone’s door , am I not to take their plight personally? Am I not supposed to carry their issues forward? That is personal. I hate to say it, but it is. So if we do not start treating people, ourselves, with a little bit more respect, just like the Member f rom con stituency 17. Indeed, we cannot expect it from other people. Mr. Speaker, this is a political year. So, of course, it is of no surprise. I mean, this is political agenda. This is how it works. But I implore us to work together , not for political parties —not for the One Bermuda Alliance, not for those Independents or ind ividuals who were in one party and then decided that for their arguments they needed to b ecome Independent . . . I glory in their spirit! That is what democBermuda House of Assembly racy is all about. It is not about bringing us down to raise each other up. And you know what we see often, Mr. Speaker, in this House? Oh, the only way I can get higher is if I step on them. Is that what we want them to do? Is that what we want? Do we really want another repeat of Dece mber 2nd? Do we really want that? Well, again, I say before I take my seat, Mr. Speaker, hold my hand, someone, and walk me through the crowd to get in this door so I can do the peoples’ work . And, guess what, the police will not have to be there, will they? But we rely . . . the people of Bermuda are going to rely on all of us to get our job done. And do you know what? Let us make them proud whether we come up in this House and a Bill does not get passed or does get passed. The point is, Mr. Speaker, that we are allowed to get in this House to actually battle it out with each other as professionally as we can—not for the sake of politics. I wish there was no such thing as the political banter ing. But, of course, that is par for the course and that is what we have to go by. But I hate the fact that we spent this time or will continue to spend this time sit ting in the House when we would much rather be with our loved ones, bantering back and forth about what a pity it is that the PLP is not the Gover nment and the OBA is , and they are doing an awful job. But you know the fact of it is —and we are not doing an awful job, but that is what they want people to b elieve. Why are we not talking about how we can do things better together?
[Inaudible interjec tion]
Mrs. Suzann Roberts -HolshouserAn actual fact, I would like the Member who is speaking . . . I believe he is the Deputy Opposition. You see? That is the problem. That is what I call disrespect. And, Mr. Speaker, yes, I am quite quick on my feet. That does bother me just a …
An actual fact, I would like the Member who is speaking . . . I believe he is the Deputy Opposition. You see? That is the problem. That is what I call disrespect. And, Mr. Speaker, yes, I am quite quick on my feet. That does bother me just a wee little bit. But I am professional. Unlike some others, I take the time to listen to those people who are speaking. And if I do not like what they are saying, I speak to each other just as he is doing right now. I cannot wait until we have cameras in this room. I cannot. But, Mr. Speaker, let it be said that the One Bermuda Alliance will continue to work hard to conti nue to make sure that our businesses thrive so indivi duals have jobs. Yes, indeed, again, our objective is to do just what they would want to do. And, quite frankly, Mr. Speaker, I believe that whatever political party is running they are going to want to do the best they can for the people of Bermuda and, quite frankly, what we are doing right now is not the best. As politicians, we should be doing our work for the people of Bermuda and those we represent. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable and Learned Member from constituency 36, MP M ichael Scott. You have the floor. Hon. Michael J. Scott: Good evening, Mr. Speaker .
The SpeakerThe SpeakerGood evening. Hon. Michael J. Scott: I am going to begin my observations by answering the Deputy Speaker of the House who is inviting Members of the Oppos ition to bear one another’s burdens tonight. I have to say to the Honourable Deputy Speaker, holding her hand, the Honourable Member’s …
Good evening. Hon. Michael J. Scott: I am going to begin my observations by answering the Deputy Speaker of the House who is inviting Members of the Oppos ition to bear one another’s burdens tonight. I have to say to the Honourable Deputy Speaker, holding her hand, the Honourable Member’s hands, in the context of Bermudians who are now in a state of protest , and walking with her through the gates involves inherent risk. And as an attorney, I would a dvise you that that would not be wise to do. And I cer tainly have to reject your invitation to me to do so. It would be unwise. That is the first thing. There are limits to what you can ask the O pposition, or any man or woman, to do. That would be unwise. That would be unwise. All this talk of Kumb aya suddenly proceeding from the benches of the Government is really interesting. Mr. Speaker, we are having really an interes ting night tonight as we begin the very investigation — judicial, independent investigation—that the Oppos ition called for at the conclusion of that very dark day on December 2 nd. What we have been met with is s ilence —unbearable silence —from the Premier on this important question that there should be an inquiry into the causes and effects of that day. What we have had, too, is an announcement from Government House and the new Governor, in his role, for a peer review of police officers. Let me stick a pin there. I do not know if the Honourable Member Mr. Dennis Lister is here . . . On the day —
Hon. Dennis P. Lister: I am here. I am here.
Hon. Michael J. Scott: —so troubling were the events that my colleague, the Honourable Member from [constituency] 35, Mr. Lister , and I, went to the Commissioner of Police. I want to let the people know and I want to respect the conversation that I had with the Commissioner of Police and his gold team that day. But it is important. We are beginning to have an inquiry h ere in this House. The Police Commissioner was in a difficult position, and he admitted as much to myself and my colleague, Mr. Lister. He did not feel right that he had been put into this position to make deployments that 456 3 February 2017 Official Hansard Report
Bermuda House of Assembly December the 2nd that were unpopular and had the outcome that it had . And he felt put in a bad position. Why? Because of intractability by polit icians. It must include Members of the Opposition, but, clearly , the intractability that we have now heard in evidence in this House of the Minister of Finance, in particular, refus ing to reveal basic privileged- based information to us, asked for over and over again by the Leader of the Opposition, so that this could have been avoided. This is all the Commissioner was saying. This could have been avoided and it has now been given in fur-ther testimonies tonight by Mr. Furbert, the Honour able Member from constituency 5 or 6. This could have been avoided if intractability had been taken out of the equation. Here is something else that is most telling in the inquiry that is going on tonight. To hear the Minis-ter of [Home Affairs] say what she said tonight that brought you to control her . . . to hear what she said informs me, and informs everybody who heard her , about the level of venom, vigour . . . what is the word? . . . the level of intensity that was informing Min isters, senior Ministers of this Government, about that day. She plainly would have gone back to her colleagues and revealed what had been said to her. What would have been their response? I rather sus-pect instead of calm management it was to get themselves back into this House come hell or high water. Now, that was really a misstep , and I believe it i nformed what we later saw at just before one o’clock, directions coming from no less than the Government itself, Get ourselves into thi s House. There were ridi culous missteps on the part of the Government. It is a little speculation, but we are here— Hon. E. T. (Bob) Richards: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading] Hon. E. T. (Bo b) Richards: The Honourable Member is misleading the House. He has no basis upon which to say that the actions were at the order of the Government . No evidence. It is not true, for starters, but there is …
The SpeakerThe SpeakerThank you. T hank you, Minister. Hon. Michael J. Scott: So, I said I was speculating because, Mr. Speaker, as a forensic counsel, you hear from the heart what you heard from the mouth. You know what is in the heart when you hear what is coming from people’s mouths. …
Thank you. T hank you, Minister. Hon. Michael J. Scott: So, I said I was speculating because, Mr. Speaker, as a forensic counsel, you hear from the heart what you heard from the mouth. You know what is in the heart when you hear what is coming from people’s mouths. So we have an Attorney General giving ad vice to his colleagues. I do not doubt that there was a di-versity of views in the Government on December 2 nd. But now we hear . . . because I did not know that the Minister of [Home Affairs] had been called words that would have sent her into . . . of be ing vigorous and upset and obviously hurt. What would have been her attitude? I know not. I say I do speculate, but we are beginning to hear. And I make this point because it absolutely i nforms the rea son why it is a more efficacious call by the Opposition for a judicial inquiry. We do not want to hear why the police deployments were good or bad that day. We want a broader investigation , because decisions had to have been taken by Ministers and the Government. They im pacted even, I say with respect, yourself. You were trying to get your House to sit. It would have i nvolved discussions with Gover nment House and the Commissioner of Police. No one can per-suade me today or anytime that there was not a con-siderable level of discussion at circles way b eyond the Commis sioner’s gold team that day and the Commissioner and the Premier, his Cabinet, Government House and, alas, contacting, i nforming you about what is going on. I will never be satis fied that that did not go on. And to watch the appalling, embarrassing display, again, of evasiveness and evasion by the Prem-ier today, agai n suggests there is something being hidden. Let me pause. Hidden. The Speaker . . . sorry, Mr. Speaker, the Premier said to you, Mr. Speaker, this morning and it is now on Hansard that he has the telephonic records of the day. Pause. Mr. Speaker, he said he had them in his possession. So voluminous were they that he needed time to assess them. So embarrassing was that. Mr. Speaker, here is the point. I made a PATI request to Cabinet office for the Speaker’s [sic] records. He has them!
Some Hon. Members Some Hon. MembersPremier, Premier. Hon. Michael J. Scott: Sorry, sorry. I keep bringing you into this! For the Premier’s telephonic records. I am shocked that the Premier has them and is poring over them and I do not have them when I wrote for them on 30 days from today’s date, on …
Premier, Premier. Hon. Michael J. Scott: Sorry, sorry. I keep bringing you into this! For the Premier’s telephonic records. I am shocked that the Premier has them and is poring over them and I do not have them when I wrote for them on 30 days from today’s date, on Ja nuary the 3 rd. So this suggests to me that the Premier has his records , and a PATI request has been made by the Shadow Minister of J ustice for them , and I do not have them . . . I ask the question why I do not have them. What is in them? I leave it there. But that was a revelation in this inquiry today t hat is going on about the events of December 2nd. So I make the point, Mr. Speaker, that we are in a trying time, a time of trial when grown men were
Bermuda House of Assembly brought to tears (I learned that today) , and here is the thing . . . and I take umbrage at being told over and over by the Attorney General —with whom I had to meet with yourself and the Leader of the Opposition on a number of occasions —that I was breaking the law by being amongst the people. Their assessment of what Opposition Members were doing was so coloured through the prism through which they were looking from the safety of some office over at Global House when they should have been there. You heard Mr. Furbert say a police officer said to him what he said to him. Here is what a police officer said to me as I was caught up in the crowd, and I know I was not breaking the law. I know I was not breaking the gate. I know that when I got to the Hami lton Police Station and I heard a transmission on their police radios that the Opposition, Mr. Speak er, are inciting the crowds t o riot, and now I have heard that same narrative come from at le ast two Members of this Government , so I now know where it is coming from. This ridiculous nar rative was portrayed in 1977 against Dame Lois and all of the Opposition then, and it went as far as Government House on D ecember 2 nd so that when the Acting Gov ernor , Ms. Ferson, was contacting even our Opposition Leader she had this narrative. It was wrong. It was mislead-ing. And it was insulting. I took my great umbrage of this to the Commissioner of Police and I let him know that transmission that I heard is passing around a false narrative. That was the last thing that I saw any Member , or know that any Mem ber of the Opposition was doing. But this narrative went around, and this weak, weak Government were comfortable with it. It gave them a comfort. It took the moral hazardness that they were living in away from them falsely. Falsely. They wanted us to be in that position and the Attorney General accused me of it over and over again in meetings. I rejected it then , and I reject it now. So I have dealt with the Ministers and the Premier’s behaviour , or performance, or lack thereof this morning. We call for these records urgently. It is on the record of Hansard that he has his. I insist that mine be made available, my request be made avail able, so that we can see more that is going on. This inquiry cannot be this set up of the Premier of this country, the Leader of this country, being silent on this December the 2 nd and a call from the constitutional person in charge of the police, the Governor, calling for police peer review by a police inspector and think that this will all just be forgotten by Bermudians. You know, maybe they are depending on ev erybody to just have short memories and it is only g oing to be forgotten. But the record has now been made. The record has now been made. This was not a good day for us . And it was . . . I come back to it. I do not want the force of this to be missed. And I thank the Commissioner of Police for it. It was avoidable, as the Honou rable Mem ber Mr. Furbert said, and the intractability of the Minister of Finance and whoever else was in league with these decisions that led to the fact that privileges of this House were being breached by not furnishing to this House. That debate went on in your . . . I know that, Mr. Speaker, I made my case to you on this and I know that you now understand it. The privileges of this House and the contempt of this that was committed to this House up until these recent revelations and r eleases and disclosures is what has driven the point of the protest, and it could have been avoided. And the Commissioner of Police would not have had to have called out and deployed those two teams that led to people —seniors —being harmed, Members of Parliament being harmed. The whole thing was a complete meltdown, and it was so inadequate and avoidable that it deserves an inquiry. It will never make . . . we will commit these errors again if it does not have a statement made about all decisionmakers, not just the police. It is disgraceful that it should be put on the Police Commissioner and his team’s back. They struggle to do what is right by law enforcement. And I meant to make this point. Mr. Furbert, the Honourable Member, had a police officer say to him, Get out of the camera’s sight . A police officer with who m I had been pushed and lifted into his face and I was also aghast at what was happening having seen these helmeted policemen. And he said to me, Mr. Scott, this is not against you. I respect you. We are under orders . Now, these were difficult things for police officers on that day and so it was good that I was out on Parliament Street that day. Good; not bad— whatever the Attorney General may think or say. I got live and direct testimony. I got live and direct observations about what was going on in the midst of a very poorly deployed policing programme. That is obvious. We do not need a police inspector to tell us that. What we do need to know is how did we get to this point so that the country is informed, the House Members are informed, the Government is informed, that these are steps that we ought to avoid in future, lest we have a repeat of a 37- year-old anniversary of December the 2 nd—whenever that was, 1970 —and in 2016, again, being repeated. That is why we have inquiries. You need an inquiry that you can trust and a judicial run conducted or led by a judge who is in the Judiciary and, therefore, independent of the Exec utive. This is why we need it. This is why we call for it. We should not be shoved off or muffed off with an i ndependent inspector’s peer review. It is not enough. It is not enough. I think those are the matters that I want to draw to people’s attention and Member’s attention in this Honourable House. The day was one where men were brought to tears. Seniors were injured. And it deserves an investigation that is independent so that 458 3 February 2017 Official Hansard Report
Bermuda House of Assembly we will assign blame. But the idea is not to assign blame—the idea is to prevent, is to inform, to have lessons learned. And we will not learn the lessons unless we have a Premier who is prepared to be ei-ther deposed so that he tells us exactly what his role was, a Commissioner who tells us what his role was and, yes, even the Governor. I do not know whether, constitutionally, that office can be deposed. But if they were involved, then they should be called on, in the interest of this country. So those are my matters, Mr. Speaker. I hope I have covered the point that I had. This is not a time for me to walk through the gates with the Deputy Speaker holding hands against a sea and tide of annoyed and angry protestors who have had the view that the social contract that they have with the Go vernment of the day has been broken irretrievably — and, therefore, that is why they are out. Like Mrs. Bar-bara Brown who thought that her days of doing this were over. But when y ou breach the social contract you cause people to come out into the streets. You cause . . . that is what stopped slavery. That is what stopped civil rights on the Pettus Bridge. These things are normal. They are anticipated by any normal government, and governments that ignore them do so at their peril.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Minister for Works and . . . the Minister for Public Works. Hon. L. Craig Cannonier: Thank you, Mr. Speaker . I will start off by s aying that I am hoping that through tonight the public do not walk away …
Thank you, Honourable Member. The Chair will recognise the Minister for Works and . . . the Minister for Public Works. Hon. L. Craig Cannonier: Thank you, Mr. Speaker . I will start off by s aying that I am hoping that through tonight the public do not walk away with the impression that the OBA Government was not con-cerned about the events of December 2 nd, and was not appalled by what took place. I am also saying this to ensure that the Opposition understands that when the OBA Government makes decisions, they are ma king those decisions in earnest because it does believe that it is making decisions that are best for the country. Now, on December 2 nd, and I will not speak too much to it, it was a very dark and sad day for Bermuda’s history. I think we all agree with that. I believe also that lessons have been learned. But I would hope that no one in this Honourable Chamber feels that they are not responsible for some part in what took place on December the 2 nd. So that is really an appeal to all of us to take a look at what took place, yes, investigation . . . and I hear some of these things, into what should be done as to the process and the decisions and how they were made. But I do want to be very clear on something. Unfortunately, with that pepper spray happe ning . . . that was not the Government who was making the decisions for something like that to happen. That was just crazy what took place; unbelievable that that would even happen. I am hoping that the Opposition is not inferring that we were instigating that particular situation, or for it to get to that point. I do not want to believe that. One of the challenges that I have had in my political career is watching as we, as legislators, make decisions on behalf of Bermuda. And we have gotten into so many of these local skirmishes that we have forgotten that the rest of the world is stealing our lunch, and that we are threatening the very foundation of our economy by some of the local skirmishes that we get into as politicians, when the greater and grander scheme of things is being lost. And we get into this House of Assembly and we start skirmishing back and forth and sometimes it even appears to be personal. And maybe not intentional . . . and I am gi ving the benefit of the doubt there. But I have seen too many times as we have deliberated and debated over issues that things are said that should not be said. And we have heard it all around. So to infer that someone may have said somethin g that was worse or of a greater degree of wrong than the other is pretty hypocritical, because I have heard a lot in a very short period of time—and also seen a lot. So we need to get back to the dec isions that are going to move Bermuda forward. I would encourage anyone from the Oppos ition . . . and I know that they have had a great tour of WEDCO and some of the good things that are going up there, to take a look at some of the work that has been done around the Island to help push the Island in the direction that we would like for it to go. I would encourage the Opposition to take note of the kind of contractors and the people who are working out there right now. Sometimes I believe that maybe some O pposition Members believe that we do not believe in empowerment of blacks in this country. It could not be further from the truth, because I know the convers ations that are being had (that they may not be privy to), and I know the skirmishes that we get into within ourselves as a Government about empowerment. I get a bit bewildered when I hear the Oppos ition talking about this here and saying, Well, we need to have investigations and inquiries into things , but only to get up and to say, Well, a commission of i nquiry is wrong and it should not be done. I can rec all when we became the Government in 2012, you know, there seemed to be this crowd that was saying, Well, you know, the car was not as bad as we thought it was be. You know, the paint job looked pretty good. But I tell you what, when you opened up the bonnet there was no starter in there just to try and get the engine going. There were some serious challenges that we had to face. We do not want to go through the skirmishes of the past. It is what it is. The Opposition made dec isions that they believed to be in the interests of this country. The reality of those decisions that they made was that the country was in serious, serious debt and there was heavy, large unemployment in this country.
Bermuda House of Assembly And so we came in under the mandate of trying to fix this. I can remember many, many times the former Honourable Premier Alex Scott saying on budget on time in these kinds of things, only for those things not to be the fact or to be the case. If the Opposition actually believes to say well, you know, Let’s do this. Let’s drop the writ. Let ’s do this now . . . and then to purport or to say, Oh, well, the Premier is weak. Or, This Government is weak, weak, weak. What that tells me is . . . it really tells me a story. That is the kind of Opposition that I want to have a fight with, because if they feel that they can shout and scream weak, weak, weak, weak . . . then let us have it on. See a strong man is not going to get up and say oh, well, you are weak, weak, weak and take cheap shots. If you think he is weak or if you think this Government is weak, then do your job and beat us in the election. But until that time you are showing yourself to be weak. No one is listening to that. No one is listening to it. And I loved the fact that the Opposition was like, oh, Well, what is this? Or, What is that ? Yeah, take note. The election is coming. What are you stand ing on? I want to know what you are standing on. I have not heard it. Send me a letter. Send me a letter because I can assure you that the many people that supported you are still concerned. I mean, D ecember the 2 nd was a classic case. It was the People’s Campaign that brought that demonstration about. It was not a PLP campaign that brought that demonstr ation about. In fact, the People’s Campaign—
[Inaudible interjections and laughter] Hon. L. Craig Cannonier: The People’s Campaign went so far as to say, Now hold on second, are you with us or not, PLP ? I love to hear this here. This is an Opposition who is getting up and saying weak, weak, weak . But we know what is being said. They seem to believe that they know everything that is going on within the OBA and I love the laughter . . . Rest assured we know also what is going on in your camps. Okay? So if you are that strong, I would like to see you do what this Government has done in the short period of time that it has been Go vernment. It took you three terms to come to the fact that you could not get it done. In fact, the first term you could have come to the realisation, O h, well, we have certain things to do. Get yourself together . The second term you could have simply just said, Okay, well, in the second term we are going to start introducing stuff. And in the third term, Mr. Speaker, they could have simply made the changes that were needed. But they were unceremoniously voted out. And then I hear, Well you know, about there were four votes here and four votes there. No Oppos ition has won that many votes in order to win a Go v-ernment. It was historic! So if you think it was close, you can think it was close. But you were h anded a decided decision. Yes, you will figure it out. And these are coming from intelligent Opposition leaders who are holding their hands up like, What is he talking about ? Amnesia. So if you are that strong then put your money where your mouth is and d o what you have to do.
An Hon. Member An Hon. MemberCall the election. Hon. L. Craig Cannonier: That is our option to call the election, and the election will be called. The elec-tion will be called. But I hear a weakness on that side. They can laugh all they want. They are not as strong as they say they are …
Call the election. Hon. L. Craig Cannonier: That is our option to call the election, and the election will be called. The elec-tion will be called. But I hear a weakness on that side. They can laugh all they want. They are not as strong as they say they are and believe that they are. All I hear is opportunists. Opportunists, Mr. Speaker, who will get up here and call people weak. Call people weak because of a march! How many marches did they have against them? How many protests did they have against them? Oh.
[Inaudible interjections]
Hon. L. Craig Cannonier: This Government did not pepper spray anyone. And here we go again, Mr. Speaker, which, Mr. Speaker, is what is was speaking to . . . the higher understanding of what was going on. We have Members in here who believe that they actually . . . who were in the Opposition, were not responsible and had some part in December the 2 nd. Unbelievable!
The SpeakerThe SpeakerAll right, all right, Honourable Members, Honourable Members, let us, let us, let us — [Crosstalk]
The SpeakerThe SpeakerHonourable Members! It has been good. It has been good. Let one Member get up and have his say. If you want to get at him, when you get your chance to get up, you can have your say and get at him. Hon. L. Craig Cannonier: Thank you, Mr. …
The SpeakerThe SpeakerBut let us have it like it was earlier on. Hon. L. Craig Cannonier: Absolutely. Which all points to the point of what I am sa ying, Mr. Speaker, you know . . . I have said it several times before and now with the echoing going on which continues …
But let us have it like it was earlier on. Hon. L. Craig Cannonier: Absolutely. Which all points to the point of what I am sa ying, Mr. Speaker, you know . . . I have said it several times before and now with the echoing going on which continues to show the disrespect for this House which they just talked about earlier about people echoing in the backgrounds . . .
[Inaudible interjections] 460 3 February 2017 Official Hansard Report
Bermuda House of Assembly Hon. L. Craig Cannonier: So, Mr. Speaker . . . sorry ?
[Inaudible interjections]
Hon. L. Craig Cannonier: Bring it up, bring it up!
The SpeakerThe SpeakerHonourable Member . . . you speak to the Speaker, that is all. Hon. L. Craig Cannonier: Thank you, Mr. Speaker, yes.
The SpeakerThe SpeakerJust concentrate on the Speak er. Hon. L. Craig Cannonier: Oh yes, thank you, Mr. Speaker . Interestingly enough . . . I hope that the public is hearing this. I really hope that they are hearing this here because it points to the fact of why we are where …
Just concentrate on the Speak er.
Hon. L. Craig Cannonier: Oh yes, thank you, Mr. Speaker . Interestingly enough . . . I hope that the public is hearing this. I really hope that they are hearing this here because it points to the fact of why we are where we are today. Why we are where we are today. You know, I have head another Honourable Member on our side get up and pour her heart out only to have laughs come back. Just simply listen to what she has to say.
[Inaudible interjection]
Hon. L. Craig Cannonier: Too busy and not interes ted. Absolutely, not interested— which is what ha ppened in 2012 as well. The public was not interested. After three terms, not interested in what they had to say. And after only four years they believe that the general public is not interested. So, we wi ll move into this year which we believe to be an election year. None of us around this table here, especially in the OBA Government right now, knows when that election will be called. But to talk about and recognise that we continue to get into these local skirmishes as we hear, and the childis hness that goes on in this House of Assembly is just appalling—just appalling! And it is coming from Me mbers who you would think would conduct themselves in a whole much better way. So I relish the opportunity . . . if they think that the OBA Government is just going to lay down and allow some of what I hear going on to not be answered, is appalling. If they think that many of the Members, like myself, black entrepreneurs have for-gotten how they were lost throughout t hree terms , I can assure you . . . I can assure you that people will speak. The question is, who will they speak for? Who will they speak for? People do not forget very quickly. We try to say that they do in Bermuda. But they do not. They do not. They do not forget. They recognise . . . and, you know, Mr. Speaker, I have been responsible for ensuring that there are contracts all around within the Ministry of Public Works. And one of the things that I am cognisant of is there is more to be done as far as empowerment is concerned for this country, and there is more that we should be doing. And we will continue to do what we believe is best for this country going forward. And let the public of this country make that decision. But to simply be disrespectful and to get up and for us to hear weak, weak, weak on this person and weak, weak, weak on that person does not cut it anymore. It does not cut it anymore. Say something with some substance! Say something that makes some sense rather than personally attacking somebody. Stand on something. Really stand on som ething that makes some sense. And praise where there should be some praise, because we have done —I know I have—on issues that the PLP has put forward.
[Mr. Walton Brown, Acting Speak er, in the Chair] Hon. L. Craig Cannonier: So . . . so . . . Acting Speaker, it is important as I started out that we not get in all these local skirmishes because the rest of the world is looking at us and looking for opportunity just like us. In a world where technology is changing and moving very quickly we should be able to make dec isions in a relatively swift way, but then also take into consideration all people in Bermuda, all sectors and categories of Bermuda to empower the country as a whole. So I hope . . . and we have heard it over and over and over that the discussions will get better in this House of Assembly only to hear tonight that, yes, it has pretty much gotten to a low on both sides. Most definitely. Not only was December the 2 nd a sad day for us historically, but I would say that tonight was a sad day also . . . sad night, sad night. But if you do not take responsibility for yourself and try to refrain from some of the silly things that we say in this House of Assembly, then you have done nothing to improve the situation, and I do not want to hear from you. I do not want to hear from you because you are not bringing or raising the level of conversation—not raising the level of conversation at all. So, again, Mr. Speaker, the local skirmishes are hurting us. They are hurting us because others are looking for opportunity and we must be fortifying this economy so that people can get back to work and this country can be the diamond that it has been in the past. But the local politics, I can assure you, has got-ten muddied and rather than us looking up to where we should be going, we are down in the mud having skirmishes. What a sad, sad time. What the people of this country want to hear is reason—not accusations. They want to hear good reasoning. And they are not hearing the good reaso ning. If the Opposition feels that they are putting some
Bermuda House of Assembly good reasoning forward, then let the country vote on that. So, let’s get it on. Let’s get it on. Since you believe you are in a good position, then let’s get it on. But I can assure you it is not the case with the Opposition. No matter what face they are putting on right now, it is not that way. Just like they said we have to get our act together, they have to get their act together because the public will speak. And if they think that the public is not look-ing at them and how they respond to things and how they act to things . . . my goodness. The Opposition once again has forgotten that the people of this coun-try are important. Thank you, Mr. Speaker .
The Acting SpeakerThe SpeakerThank you, Honourable Member. Does anyone else wish . . . [Gavel] [At 10:58 pm, the House adjourn ed until 10:00 am, Friday, 10 February 2017.] 462 3 February 2017 Official Hansard Report Bermuda House of Assembly [This page intentionally left blank]