The SpeakerThe SpeakerThe Minutes of the 8th of July and the Minutes of the 13th of July are deferred. MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerYes, good morning, Members. I have announcements from several Members who are not going to be present today: MP Pettingill, from constituency 25; MP Burt, from constituency 18; and MP Weeks, from constituency 16. I would also like to report that MP De Silva, of [constituency] 29, and MP Crockwell, …
Yes, good morning, Members. I have announcements from several Members who are not going to be present today: MP Pettingill, from constituency 25; MP Burt, from constituency 18; and MP Weeks, from constituency 16. I would also like to report that MP De Silva, of [constituency] 29, and MP Crockwell, from [constit uency] 31, have indicated that they would be arriving a bit late today.
MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerYes, thank you. The Chair will f irst recognise the Honourable Premier. 2015 ANNUAL REPORT OF THE HUMAN RIGHTS COMMISSION Hon. Michael H. Dunkley : Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the information of this Honourable House of Assembly the 2015 …
The SpeakerThe SpeakerThank you, Premier. The Chair will now recognise the Honourable and Learned Attorney General. The Honourable T. G. Moniz, you have the floor. BRIBERY ACT 2016 Hon. Trevor G. Moniz : Thank you, Mr. Speaker. I have the honour to attach and submit for the information of the Honourable House …
The SpeakerThe SpeakerThank you, Attorney General . The Chair will now recognise Minister Jeanne Atherden. HOSPI TALS BOARD ANNUAL REPORT 2012 Hon. Jeanne J. Atherden : Mr. Speaker, I have the honour to attach and submit for the information of this Honourable House of Assembly the Bermuda Hosp itals Board Annual Report …
The SpeakerThe SpeakerThank you. And do you have a second one? 2015/16 BERMUDA HEALTH COUNCIL ANNUAL REPORT Hon. Jeanne J. Atherden : Yes, Mr. Speaker. I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Health Council Annual Report for 2015/16.
The SpeakerThe SpeakerAll right. Thank you, Honourable Mini ster. The Chair will now recognise the Junior Mini ster, K. L. Bascome. Hon. Kenneth (Kenny) Bascome : Good morning,
Mr. Speaker.
The SpeakerGood morning. 2544 15 July 2016 Official Hansard Report Bermuda House of Assembly GAMING LEGISLATION FOR THE ST. GEORGE'S RESORT Hon. Kenneth (Kenny) Bascome : I present to this House the gaming legislation for the St. George's R esort laid for consideration of this Honourable House,
Mr. Speaker.
The SpeakerThank you. The Clerk: Your motions should be on your chair, Mr. Bascome.
The SpeakerThe SpeakerDo you see your motions in your chair? [Pause] HOTELS CONCESSION (HAMILTON PRINCESS AND BEACH CLUB) ORDER 2016 Hon. Kenneth (Kenny) Bascome : I move that consideration be given to the draft Order entitled the H otels Concession (Hamilton Princess and Beach Club) Order 2016.
The SpeakerThe SpeakerAll right. Thank you, Junior Minister. Thank you very much. Hon. Kenneth (Kenny) Bascome : These are both the same. [Crosstalk] [Pause]
The SpeakerThe SpeakerWe have both of them ; do we not? We have, you mentioned the St. George's Resort and then the Hamilton Princess. So that has been done. The Chair will now recognise the Minister for Home Affairs, Minister Gordon- Pamplin. Hon. Patricia J. Gordon -Pamplin : Thank you, Mr. Speaker, …
The SpeakerThe SpeakerGood morning. ANNUAL REPORT OF THE REGISTRY GENERAL FOR THE YEAR ENDED 31 ST OF DECEMBER 2015 Hon. Patricia J. Gordon -Pamplin : Mr. Speaker, I have the honour to attach and submit for the inform ation of the Honourable House of Assembly the Annual Report of the Registry General …
The SpeakerThe SpeakerAll right. Thank you. Thank you, Mini ster. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerThe Chair will first recognise the Ho nourable Premier. Premier Dunkley, you have the floor. EU REFERENDUM —UK WITHDRAWAL FROM THE EUROPEAN UNION Hon. Michael H. Dunkley : Thank you, Mr. Speaker. Mr. Speaker, I rise today to update this House on the Government’s engagement regarding the UK’s withdrawal from …
The Chair will first recognise the Ho nourable Premier. Premier Dunkley, you have the floor.
EU REFERENDUM —UK WITHDRAWAL FROM THE EUROPEAN UNION Hon. Michael H. Dunkley : Thank you, Mr. Speaker. Mr. Speaker, I rise today to update this House on the Government’s engagement regarding the UK’s withdrawal from the European Union , and in doing so wish to extend on behalf of the Government and people of Bermuda congratulations to the R ight Honourable Theresa May, MP , who has recently been a ppointed by Her Majesty the Queen to serve as the Prime Minister of the United Kingdom. We have established strong links and partnerships with the UK Government, which we will continue to develop with the new Prime Minister . On behalf of the Government and the people of Bermuda, I have written to the new Prime Minister to offer our con-gratulations and to outline Bermuda’s significant ec onomic contribution to the UK. Mr. Speaker , the Prime Minister has indicated that she will respect the wishes of the UK voters and will proceed to withdraw the UK from the European Union. This will not be completed quickly , and there remains much to be understood in this regard. In consideration of the potential impact of the U K decision on Bermuda, the Government has held discussions with officials within the UK Government , and also among key officials within the Bermuda Government. I can confirm to this House that a great deal of uncertainty remains within the UK with regard to the implications of and process for the UK’s withdrawal from the EU. Prime Minister Theresa May will have the responsibility for activating Article 50 of the Eur opean Union Treat y triggering the steps required for the UK to formally sever its membership in the EU. Until the date of entry into force of the withdrawal agre ement, the UK remains a member of the European Council, and as such the relevant EU law continues to apply to and within the UK. The European Council met on June 28 th and 29th and agreed under the legal basis of Article 50 of the Treaty of the European Union that once notific ation has been received from the UK, the European Council will adopt guidelines for the negotiations of an agreement with the UK. The Counc il has already d etermined t hat (and I quote) “ Any agreement, which will be concluded with the UK as a third country, will have to be based on a balance of rights and obligations.
Bermuda House of Assembly Access to the s ingle market requires acceptance of all four freedoms. ” If no agreement is reached within two years of the UK activating Article 50, the UK would leave the EU without any new agreement being in place. Mr. Speaker , the Overseas Territories D epartment within the Foreign Office has already actively engaged the Europe Directorate to immediately i dentify the issues as it relates to Overseas Territories. A new EU Unit has been established within the UK Cabinet Office that will oversee the negoti ations for the UK to leave the EU , and the subsequent relationship of the Foreign and Commonwealth Office to the EU. Our team , alongside other Overseas Terr itories and the Foreign Office, has already identified some priority complex issues to be forwarded to the EU unit within the UK Cabinet Office. Mr. Speaker , the details of the UK’s plans to manage its consultation and negotiation process r emain unclear at this stage. However , we are preparing, alongside the Foreign Office, to ensure that prior ities relating to the Overseas Territories are streamed within the negotiation structure. We will , of course, be keenly interested in the impact on any existing [ treaties] in which Bermuda has an interest, particularly those covered by the Overseas Association Decision, and also on the impact of the free access across Europe by most Bermudians under the Schengen Agreement. Mr. Speaker, t he legal position is clear: T he UK remains a member of the EU , and the full range of rights and obligations afforded under the t reaties still apply. This will remain the case until the conclusion of the exit negotiations. Mr. Speaker , next week I will be travelling to the Turks and Caicos Islands to join my fellow Pr emiers and Chief Ministers of the Overseas Territories in dialogue at the Pre- Joint Ministerial Council. I will be accompanied by the Cabinet Secretary, Dr . Derrick Binns , and our UK Representative, Ms. Kimberley Durrant who acts as Bermuda’s Sherpa in the Joint Ministerial Council. Our discussions will focus on our relationship with the European Union, in view of Brexit . It is a prio rity that we assess the future of Overs eas Territories within the EU and our collective priorities within UK negotiations. Among the many topics to be discussed, including what I have just mentioned, we will also focus on the global tax and transparency agenda attached to our financial services industry, Child Saf eguarding , and Sustainable Economic Development. I will have an opportunity to lead the discussion on the latter topic. Mr. Speaker, t hese discussions are prudent and, of course, timely, as we prepare to engage with new UK Ministers ac ross Whitehall. Thank you, sir .
The SpeakerThe SpeakerThank you, Honourable Premier. The Chair will now recognise the Honourable Minister for Economic Development, Dr. Grant Gi bbons. You have the floor. Dr. the Hon. E. Grant Gibbons : Thank you, Mr. Speaker, and good morning.
The SpeakerThe SpeakerGood morning. SOLAR PV PROJECT AT L. F. WADE INTERN ATIONAL AIRPORT Dr. the Hon. E. Grant Gibbons : Mr. Speaker, I wish to provide this Honourable House with an update on the utility -scale solar photovoltaic [PV] project that is being planned for the Finger at the L. F. …
Good morning.
SOLAR PV PROJECT AT L. F. WADE INTERN ATIONAL AIRPORT
Dr. the Hon. E. Grant Gibbons : Mr. Speaker, I wish to provide this Honourable House with an update on the utility -scale solar photovoltaic [PV] project that is being planned for the Finger at the L. F. Wade International Airport. Honourable Members wil l recall that this initiative was first announced in the 2015 Speech from the Throne, and today I am pleased to report that the preparatory phase of this project is well underway. Mr. Speaker, the objective of this project is to select a firm or consortium, via a competitive tendering process, with the requisite credentials and exper ience to design, build, operate, finance and maintain a high-quality utility -scale solar PV facility at the most competitive price. This project makes eminent sense for Bermuda for a number of reasons. These include: • the fact that our solar resources are above the world average; • solar is a clean energy that is quicker and simpler to install than other forms of renewable energy; • it is consistent with the electricity policy, which has an aspirational goal of solar meeting 2 per cent of our electricity supply by 2020 , and a pricing structure that can be locked in over the long term.
The Finger is an ideal location for an install ation of this nature due to our land constraints, l imited alternative locations for utility -scale facilities , and r estrictions on other forms of commercial development at that location. Mr. Speaker, this project is a collaborative effort between the Ministry of Public Works and the Ministry of Economic Development. It is being jointly managed by the Department of Energy and the D epartment of Works and Engineering, with assistance from the firm of Castalia Strategic Advisors, consul tants to the Department of Energy, who previously assisted with the developm ent of the energy policy and who have successfully managed similar solar PV pr ojects in the region. As this is a major infrastructure initiative, it is being overseen by the Economic Development Com-mittee (EDC) of the Cabinet. Mr. Speaker, I should also c onfirm that this is a separate and distinct project from the airport redevelopment project. 2546 15 July 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, the proposed work plan for the project has been structured into three phases: the preparatory phase, the competitive phase , and the contractual phase. The preparatory phase began in March of this year and was recently completed during the latter part of June. The activities in this phase i ncluded an environmental fatal flaw analysis, a technical pre- feasibility assessment, the definition of the preferred commercial structure, and the definition of the tendering strategy. The environmental analysis found no obvious risks, but this will be confirmed during the environment impact assessment conducted as part of the deve lopment application process. The technical pre - feasibility assessment resulted in the creation of the systems specifications that will be the basis for the proposals. The commercial structure requires the creation of a corporate entity for the developer, who would enter into an implementation agreement and a land lease agreement with the Government and a power purchase agreement with BELCO. The tender strategy is a report that identifies the best strategy for running the tender and selecting the preferred independent power producer (or IPP). This document defines the terms of reference that will govern the entire project. Mr. Speaker, the competitive phase of the project has just begun and is scheduled for compl etion towards the end of the year. The activities include the issuance of the req uest for qualification (or RFQ) in August; the qualification of bidders; the issuance of the request for proposal in October; and the evalua-tion of proposals, and the identification of the pr eferred bidder, in December. Mr. Speaker, the reason for this tw o-step a pplication process is to ensure that only those prospec-tive bidders who meet both the technical and financial criteria are eligible to receive the full request for pr oposal. These criteria include demonstrated experience in developing and operating a solar PV facility of a minimum size , and producing audited financial stat ements showing net profitability over several years. Mr. Speaker, the contractual phase is the stage to negotiate and finalise the legal agreements with the preferred bidder, whic h is expected to be concluded towards the end of January 2017. This phase has been allocated a reduced timeline, as the tendering strategy is anticipated to include templates of all agreements in the RFP packages. This a pproach should allow each respondent to review and make comment as part of their submissions, thus r educing the contract negotiation timelines. Mr. Speaker, the total area of the Finger that has been allocated for solar PV development is slightly less than 60 acres. This meets the setback requirements from an active airport runway and pr ovides for emergency parking of planes as prescribed by the US Federal Aviation Administration (or FAA) and the International Civil Aviation Organization (or ICAO). The initial phase of this solar project wil l use approximately 15 of those acres due to a limitation on the power that BELCO can accept into its closest substation without a major technical upgrade at consider-able cost. This limitation is 6 megawatts, which is therefore the maximum power output that this initial facility will be configured to produce. As a consequence of changes in the profile of Bermuda’s electricity demands and supply alternatives, it is anticipated that BELCO will need to upgrade their grid. At that point, it is expected that a second phase will be commissioned in order to use the r emaining acreage for a second follow -on utility -scale solar facility. Mr. Speaker, one aspect of this project that Honourable Members will find of interest will be a local labour requirement. Respondents to the RFP will be required to declare that a specified percentage of their total labour cost for construction will come from Bermuda residents. Bidders must also confirm that their operations and maintenance contractors will be a local firm for the li fe of the project, anticipated to run for 20 years. A performance bond will also be required to ensure that the project proceeds according to the agreed standards and timelines, and will be returned, providing the proposed date was met and the project comp lies with the terms of the agreements. Mr. Speaker, this project, in addition to being the first of its kind in Bermuda, will be the first signif icant step in lowering our carbon footprint and reducing the amount of fossil fuels that we import to gener-ate electricity. We have also made provisions in the structure to ensure that Bermudians are employed during the construction phase and throughout the life of the project. I look forward to providing further updates to this Honourable House as the project ad-vances and as we get closer to breaking ground on this historic development. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Dr. Gibbons. The Chair will now recognise the Honourable and Learned Attorney General. Honourable T. G. Moniz, you have the floor. BRIBERY BILL 2016 Hon. Trevor G. Moniz : Thank you . Thank you, Mr. Speaker. This is a Statement on the Bribery Act 2016 , draft consultation …
Thank you, Dr. Gibbons. The Chair will now recognise the Honourable and Learned Attorney General. Honourable T. G. Moniz, you have the floor.
BRIBERY BILL 2016
Hon. Trevor G. Moniz : Thank you . Thank you, Mr. Speaker. This is a Statement on the Bribery Act 2016 , draft consultation copy. Today I am presenting to this Honourable House a draft consultation copy of the Briber y Act 2016. You will recall my S tatement of Friday, 20th of May, detailing plans to modernise Bermuda’s laws on corruption and bribery. My Mini stry then, through the Office of the National Anti -Money Laundering Commi ttee, committed to tabling consultation draft legislation in July of this year.
Bermuda House of Assembly Mr. Speaker, the Bribery Act 2016 is modelled largely on the UK’s Bribery Act 2010. The Act would provide a modern and comprehensive scheme of bribery offences in order to allow investigators, pros ecutors , and the courts to tackle bribery effectively , whether committed in Bermuda or overseas. The Act would help to enhance Bermuda’s international reputation for the highest ethical standards. Mr. Speaker, t he Bribery Act 2016 would cr eate the following new offences: • one general offence of bribery covering the of-fering, promising, or giving of a financial or other advantage; • another general offence covering t he reques ting, agreeing to receive or accepting of a f inancial or other advantage; • a specific offence of bribing a foreign public official; • a specific offence of failure by a commercial organi sation to prevent bribery, although it is a defence if a commerc ial organis ation can prove —on the balance of probabilities —that it had adequate procedures in place to prevent persons associated with it from bribing; • a specif ic offence of failing to fulfil a duty to report bribery, such duty arising where a person exerc ising functions on behalf of a public authority is offered or receives an advantage which may constitute bribery; and • a specific offence of interfering with such a duty to report bribery.
Mr. Speaker, the Bribery Act 2016 would also create a new National Anti-Corru ption and Bribery Committee [ NACAB ] comprising public officials charged with (1) advising the Minister generally on the detection and preve ntion of corruption and bribery; (2) reviewing the operation of the Act ; and (3) periodically evaluating t he existing legislative and administrative measures in place in Bermuda to combat corruption and bribery. Mr. Speaker, tabling a consultative draft copy of the Bribery Act 2016 will facilitate industry and stakeholder review of the legislation. Submission s concerning the proposed legislation are welcome no later than Monday, the 15 th of August 2016, and may be sent to the Office of the National Anti -Money Laundering Committee on the 4th Floor of Global House on Church Street, or electronically to infoNAML C@gov.bm. Once again for the listening public, that is : info hyphen N A M L C (all one word ) @gov.bm. Mr. Speaker, Government is rightly proud of its efforts to modernise the law on bribery and corruption. By enacting new legislation which is based on an international gold standard in the UK’s Bribery Act 2010, Bermuda is signal ling to the rest of the world its serious intentions to meet and surpass the highest standards as a place in which to do business. Mr. Speaker, I look forward to continuing to upda te this Honourable House and the people of Bermuda on all efforts in this regard. Thank you.
The SpeakerThe SpeakerThank you, Attorney General . The Chair will now recognise the Minister for Home Affairs. Minister Patricia Gordon- Pamplin, you have the floor. REGI STRY GENERAL ANNUAL REPORT FOR YEAR ENDED 31 ST DECEMBER 2015 Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, today I rise to …
Thank you, Attorney General . The Chair will now recognise the Minister for Home Affairs. Minister Patricia Gordon- Pamplin, you have the floor.
REGI STRY GENERAL ANNUAL REPORT FOR YEAR ENDED 31 ST DECEMBER 2015
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, today I rise to introduce the A nnual Report of the Registry General for the year ended December 31st, 2015.The Registrar General, recognising the essential role that vital statistical i nformation plays in planning for the prov ision of services in areas such as tourism, health, education, and housing, to name a few, has performed his duties to a high standard in the recording, collating, and presenting of the data to be included in the Annual Report. Mr. Speaker, in accordance with Section 19 of the Registration (Births and Deaths) Act 1949, the Registrar General shall, within 90 days after the exp iration of each calendar year, compile for publication in such form and manner as the Minister may approve a summary of the births an d deaths which occurred during the year, together with a general report on the i ncrease or decrease of the population of Bermuda. The Registrar is also required, under section 35 of the Marriage Act 1944, to publish a summary of marriages conducted each ye ar. Mr. Speaker, in preparation of the Annual R eport, the Registrar General has relied on information received from the Records Office of the King Edward VII Memorial Hospital relating to births; from the local funeral directors and medical practitioners in relation to deaths; and from local marriage officers and Masters of Bermuda- registered ships in relation to local and maritime marriages, respectively. Mr. Speaker, the report, which deals primarily with the vital statistics pertaining to the Island’s res idential population, indicates that for the second time in five years there has been a slight increase in the number of births. In 2015 there were 583 births, an increase of 9, or 1.6 per cent, over the 574 births r ecorded in 2014. The live birth rate of the population has increased by 1 point per thousand, from 8.8 in 2014 to 8.9 in 2015. There were 5 babies born in 2015 in the residence of the parents, a decrease of one from the prior year. Mr. Speaker, the distribution of live births for 2015 by nati onality, based on information provided by the parents at the time of the registration of their chi ldren’s birth, reflects 75 per cent, or 437, of the total live births have at least one Bermudian parent. In 2548 15 July 2016 Official Hansard Report
Bermuda House of Assembly 2015, 146, or 25 per cent, have parents who are b oth non-Bermudian. Mr. Speaker, Honourable Members are a dvised that in 2015, there were 457 deaths recorded among residents. A death rate of 7 per 1,000 of the population for 2015 reflects a decrease of 21, or 4.4 per cent, from 478 recorded in 2014. The report also indicates that there were a total of 485 deaths recorded for the year ending 31 st December 2014. Seven of these were in respect of non- resident persons. Two stillbirths were recorded in 2015. Mr. Speaker, there was an increase of 126, or 0.19 per cent, in the estimated resident population at the end of 2015, at 65,313, as opposed to the 65,187 in resident population estimated in 2014. At the end of 2015, there were 2,713 more females than males in the population figures. Mr. Speaker, for the y ear ending 31st December 2015, there were 509 marriages performed in Bermuda, a 6.7 per cent increase from the 477 marriages recorded the prior year. During 2015, marriages between non- residents accounted for 272, or 53.4 per cent, of the total of 509.This figure is still in keeping with the trend over the past five years for marriages between non- residents to exceed the number of marriages between residents and marriages between residents and non -residents. The report also shows that there were 194 marriages between res idents, and 43 between residents and non- residents. Mr. Speaker, 565 marriages were performed on board 28 Bermuda- registered ships in 2015. This total represents a decrease of 4, or 0.7 per cent, from the 2014 total of 569. The cumulative number of mar-riages (local and maritime) processed through the Registry General for the year ended 31 st December, 2014, was 1,074, as compared to 1,046 for the year ending 2014. In closing, Mr. Speaker, the Annual Report seeks to provide an illustrative statistical digest of vital events such as live births, deaths, stillbirths, marriages, adoptions, and re- registration of births for the year ended December 31st, 2015. Thank you, Mr. Speaker
The SpeakerThe SpeakerAll right. Thank you, Minister. And you have another Statement. You may carry on. BRITISH OVERSEAS TERRITORIES CITIZEN (BOTC) PASSPORT PROCESS UPDATE Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, today I would like to provide an update on the British Overseas Territories Citizen (BOTC) passport process …
All right. Thank you, Minister. And you have another Statement. You may carry on.
BRITISH OVERSEAS TERRITORIES CITIZEN (BOTC) PASSPORT PROCESS UPDATE
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, today I would like to provide an update on the British Overseas Territories Citizen (BOTC) passport process . Honourable Members will be aware that on May 27, 2016, I presented a Minist erial Statement that specifically announced the imm i-nent changes to the British Overseas Territories Cit izen (BOTC) process. The key ch anges included: 1. that the printing of BOTC passports was to be transferred to Her Majesty’s Passport Office (HMPO) in the UK; and 2. that t he processing of BOTC passports would take up to four weeks from the time an appl ication is submitted to the Bermuda Passport Office, Department of Immigration. Mr. Speaker, with the aforementioned changes due to take effect at June 29, 2016, I also announced that the Bermuda Passport Office would continue to print passports locally if applications were submitted on or before June 23 rd, 2016. Commens urate with this deadline were conditions on who could or could not apply for a BOTC passport. Public announcements ran via the Royal Gazette, Bernews, CITV, Power 95, Ocean 89, HOTT 107.5FM and Magic 102FM to ensure that the changes were communicated far and wide to the general public. Mr. Speaker, today I wish to provide an update on the passport process. Howev er, before I do, I wish to acknowledge with gratitude the hard work of the Bermuda Passport Office. Being led by the Chief Immigration Officer, Dr. Danette Ming, and the Personal Services Manager, Ms. Marita Grimes, the entire team pulled together, working around the clock, including late evenings, early mornings, and on weekends, to ensure that the majority of passport applic ations received up to June 23rd were printed locally. Mr. Speaker, throughout the course of the period from May 30th to June 23rd, 2016, the team wi tnessed increased numbers in passport applications per day. Local residents were lined up, generally, b efore 7:30 am as the deadline drew close. The normal opening time for the Department of Immigration is at 8:30 am. A breakdown of the num ber of passport applications submitted per day during the last two weeks —that is, from June 13th to June 23rd, incl usively, totalling 7 29 applications, are as follows (I am just going to run down from June 13th and each day subsequently ): June 13—60 June 17—61 June 14—56 June 21—140 June 15—49 June 22—188 June 16—81 June 23—214
Total applications received during the period May 30th to June 23rd, 2016, numbered 1,130. By comparison, normal volumes per month processed by the Department of Immigratio n Passport Office number approximately 580 passport applications (for adults and children). So the number of passports r eceived just prior to the transition of the passport process doubled over a period of less than one month. Mr. Speaker, due to the high volume of appl ications received on June 23rd, consideration had to be given to prioritise applications by travel plans. A lthough it is strongly advised that passport applicants
Bermuda House of Assembly not book travel before ensuring their travel documents (i.e., passports) are i n order, the Department of Imm igration assumed that not everyone abided by this rule. To that end, calls were made to passport applicants to determine their travel dates. With this information, the team could better prioritise printing obligations. Mr. Sp eaker, all reports from the Chief Imm igration Officer indicate that the transition to HMPO went well and that the Department of Immigration is currently working closely with HMPO to address i ssues with the transmittal of passport applications electronicall y. The issues are not insurmountable and are being addressed with a high level of urgency by HMPO. Mr. Speaker, as was communicated in the May 27 th, 2016, Statement, I again wish to remind passport customers that the Bermuda Passport Office is only printi ng BOTC passports locally on compassionate grounds or urgent government business. BOTC passports are processed on behalf of HMPO. As such, the reasons for issuing emergency BOTC passports are limited, and the guidelines as set by HMPO for all overseas terr itories will be strictly a dhered to. If a passport customer has been negligent for any number of reasons, it is most likely that they will not be allowed to apply for an emergency BOTC passport. I wish to also remind passport customers that they should not book travel without first ensuring that their passport is valid. They are also encouraged to submit their application well in advance of any i ntended travel dates, being mindful of the new proces sing timeline of four weeks. I reiterate the comments made in this House by my honourable colleague, the Minister of Educ ation, the Honourable R. Wayne Scott, JP, MP, on July 8 th, 2016, and emphasise that these reminders also apply to children who may, from time to time, travel with their schools and/or sports cl ubs or other groups. For example, over the past few weeks, chi ldren who qualified to compete in sports events off - Island have not been able to participate, because they did not have valid passports. These circumstances were very unfortunate; however, there was nothing the Bermuda Passport Office could do to facilitate the processing of a new passport in time for the planned travel. Finally, Mr. Speaker, I confirm that applic ations for BOTC passports can still be submitted to the Department of Immigration. The department will ensure that applications are sent to HMPO for printing and will contact passport customers for collection of their passport once it is returned from HMPO. For BOTC passport application forms, passport customers should access the governm ent portal at www.gov.bm. (Applications forms are no longer available at the Bermuda Passport Office.) For further clarity on the BOTC passport application process, passport cus-tomers should call the Bermuda Passport Office of the Department of Immigration. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Minister. I think you have another Statement? Minister, if you would carry on. Hon. Patricia J. Gordon -Pamplin: I do, Mr. Speaker, and thank you again. NATIONAL CERTIFICATION FOR DESIGNATED OCCUPATIONS Hon. Patricia J. Gordon -Pamplin: I rise today to ou tline the work being done …
Thank you. Thank you, Minister. I think you have another Statement? Minister, if you would carry on.
Hon. Patricia J. Gordon -Pamplin: I do, Mr. Speaker, and thank you again.
NATIONAL CERTIFICATION FOR DESIGNATED OCCUPATIONS Hon. Patricia J. Gordon -Pamplin: I rise today to ou tline the work being done regarding the national certif ication for the designated occupations. One of the pr imary responsibilities of the National Training Board is to prepare certain trade pr ofessionals to achieve the title nationally certified . National certification is directly aligned with other workfor ce development initiatives and is an important approach towards empowering our citizens. This process is instrumental in providing enhanced work opportunities for Bermudians. The concept was designed to ensure an outcome of i ncreased confidence, and improv ed quality and eff iciency of our workforce. It is meant to create a level playing field and build a competitive advantage for all technical professionals. Mr. Speaker, in recent weeks we have r eceived some criticism in respect of the process t owards achie ving national certification and the enforcement aspect of the scheme. Overall, the scheme is to ensure that all persons operating in designated occupations are in compliance with the law and wor king at international standards of proficiency. Additionally, the level playing field must be enforced to pr omote fair and equitable employment practices across industry sectors. Mr. Speaker, the Workforce Development D epartment’s National Training Section has developed a plan to address the issues in respect to gaps realised or perceived as it relates to the certification process, and vow to achieve the following goals by the end of this fiscal period, 2016/17: 1. to recruit another substantive Standards and Enforcement Officer by December 31 st, 2016, to improve the results of the National Certif ication programme; 2. to hire a temporary Bermudian contract worker to assist with the Automotive Service Technician and Landscape Gardener National Certification processes for the period July to December 2016, to reduce the gaps i n the programme; 3. to collaborate with the Department of Imm igration and create a synergistic process to come into effect on August 1 st, 2016, to ensure that all work permit applicants, before application is made to be considered for a 2550 15 July 2016 Official Hansard Report
Bermuda House of Assembly work permit in a designated trade, register with the Department of Workforce Development to ensure that they meet the minimum qualifications, and those who already possess a work permit complete the national certific ation process by September 2016. (I will announce the new poli cy shortly); 4. to collaborate with the Bermuda College to relaunch the Basic Horticulture Programme pr eviously agreed by the Occupational Advisory Committee as the minimum standard, by O ctober 2016; 5. to complete the certification process for all electricians remaining outstanding from inception of the programme, by October 2016; 6. to complete the certification process for all electricians who have not registered with the Department of Workforce Development by December 2016 (although this is an ongoing process); 7. to complete the recertification process for all expired electricians by November of 2016; 8. to complete the national certification process for all automotive service technicians who have already registered with the Department of Workforce Development by Dec ember 2016; and 9. to complete the registration and certification process for all landscape gardeners who have not registered with the Department of Wor kforce Development by March 2017 (although this is an ongoing process).
Mr. Speaker, this is not an exhaus tive list of goals, but it is information that the public should r eceive to offer assurances that their concerns are being addressed. The Ministry is in possession of the Mas-ter Plan to address the deficiencies of the scheme and will review initiatives for upgrades where necessary over the coming months. Periodic updates will be pr ovided to this Honourable House to ensure transparency and accountability. Mr Speaker, I am pleased to announce that the following electricians were recently approved to use the title Nationally Certified as recommended by the National Training Board in the following categ ories: Electrician —Full Certification (allows one to perform commercial and residential installs): • Jeffrey Abel; • Andrew Cart; • Kevin Constable; • Andrew Chlebek; • David Dey; • Casey Hollis; • Craig Musson; • Norman Nolan; • Mahinda Perera; • James Smith; • Calvin Symons; • Terrance Ward; • Stephen Woods; • Neil Yaxley.
Electrician —Limited Certification (allows only residential installs): • Denzel Allen; • Jade Bean; • Mickai Brangman; • Pedr o Cabral; • Kushane Hypolite; • Clermont Joell; • Kevin Lambert; • Nimal Perera; • Charles Saunders; • Dennis Watson.
Industrial Certification (BELCO): • Chad Brimmer; • Lacy Carter; • Munache Chipezeze; • Rasheen Durrant; • Constain Gapare; • James Manning; • Stanley Monish; • Clem ente Muzite; • Cameron Rawlins; • Brian Showers; • Milton Smith; • Kevin Swan; • Torrey Tacklyn; • Sherman Trott.
Welder: • Larry Robinson.
We would like to take this opportunity to co ngratulate all of these professionals and to wish them all the best in the future. T hank you, Mr Speaker.
The SpeakerThe SpeakerThank you, Minister. And you have one final Statement? Hon. Patricia J. Gordon -Pamplin: One final Stat ement, I do, Mr. Speaker. Thank you.
The SpeakerThe SpeakerPlease carry on. DEPARTMENT OF WORKFORCE DEVELOPMENT 2016 SCHOLA RSHIP AWARDS Hon. Patricia J. Gordon -Pamplin: Again, Mr. Speaker, I am providing this Honourable House with information with respect to the Annual Scholarship Bermuda House of Assembly Awards Program provided by the Department of Workforce Development [DWD]. Mr. Speaker, for …
Please carry on.
DEPARTMENT OF WORKFORCE DEVELOPMENT 2016 SCHOLA RSHIP AWARDS Hon. Patricia J. Gordon -Pamplin: Again, Mr. Speaker, I am providing this Honourable House with information with respect to the Annual Scholarship
Bermuda House of Assembly Awards Program provided by the Department of Workforce Development [DWD]. Mr. Speaker, for many high school students, the dream of attending college or university is an appealing thought. Throughout their teen years they are constantly reminded that higher educational pursuits serve as a pathway to attaining better employment options and opportunities in the future. Some students will find that the dream to attend college or university is far -reaching because of the economic burden it could have on their families, particularly in this cha llenging financial climate where their parents may not be engaged in full employment. Additionally, college and university tuition costs increase almost yearly, making it more difficul t for families to afford the opportunity to have their young people participate in higher education programmes. As a result, applying for scholarship awards is essential for families in order to keep the dream alive. Mr. Speaker, the department continues to play a leading role in shaping the characteristics of the f uture workforce. In 2015, the National Training Board (NTB) considered the economic environment and the burdens that families are facing. As a result, they voted to raise the annual National Tec hnical Voc ational Training Awards [NTVT] from $5,000 to $10,000 per annum. Last year the Department of Workforce Development and the National Training Board granted 25 awards to individuals attending overseas instit utions. This year the number is at 22 awards being granted from a total of 61 applications. All applications were posted online, using the www.scholarships.bm website. The Education Awards Sub- Committee considered the following criteria to determine the suc-cessful applicants: 1. Economic workforce trends: According to data gathered in the National Training Plan, there is an indication that the construction, hospita lity, information technology, and health sectors have promise of future opportunities; ther efore, emphasis was placed on applicants study ing in these areas. Focus was also placed on areas where there is a need for an increased number of Bermudians; 2. Financial need; and 3. Academic achievement.
Mr. Speaker, I am pleased to announce that, after careful examination of the criteria and applic ations received, the Education Awards Committee of the NTB selected 22 students to receive the 2016 NTVT Award. They are —and I will just give you their names and their area of study: • Jaida Bailey, Hospitality Management; • Kenneth Bartram, Counter Fraud and Crim inal Justice; • Keri Brangman, [Certified] Surgical Techno logy; • Tabia Butterfield, Civil Engineering; • Justine Burch, Cyber Security and Networking Engineering; • Erin Greig, Office of the Watch—Master Mar iner; • Wesley Hall, Teaching Certification; • Niambi Phlipo tt, BSc in Mathematics; • Cholae Martin, Master’s in Pharmacy; • Comori Matthew, Mechanical Engineering; • Kobe Richardson, Construction Management and Field Engineering; • Sajni Richardson, Culinary Arts; • Jessica Richardson, Mathematics; • Ezzarha Shakir, Nursing; • Ranisha Simmons, Accounting; • Alexis Smith, Computer Forensics and Sec urity; • Vernon Dill, Engineering; • Shiloh Todd, Restaurant Management; • Janay Trott, Master’s in Pharmacy; • Kayla Williams, Culinary Arts; • Stephanie Wright, Nursing; and • Shaunté Young, Veter inary Science.
Mr. Speaker, the total number of students currently attending overseas institutions being supported by the department total 77 in 2015 and 81 in 2016, including the new awards I announced previously. These numbers represent returning students who maintain the required 2.7 GPA annually. The scholarship awards are granted on the basis that the educ ational programmes do not exceed four years. Mr. Speaker, it pleases me to also announce that the DWD provides tuition support to individuals attending the Bermuda College, as well. Last year, 73 students received funding for their tuition costs. This year, that figure is expected to remain fairly stable, although the final numbers cannot be determined until the end- of-August deadline for funding ap plications for those attending local institutions. Mr. Speaker, as I prepare to close, let me take this opportunity to appeal to the business community, despite the tough times, to consider providing inter nships or substantive employment to our college and university graduates upon completion of their studies. These can be paid or volunteer opportunities that will allow them to gain exposure to the world of work. Let us work together to encourage and support Bermuda’s future workforce talent. The collectiv e partic ipation of both the public and private sectors is vitally important to the professional development of our young people. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Chair will now recognise the Minister for Health and Seniors. Minister Jeanne Atherden, you have the floor. 2552 15 July 2016 Official Hansard Report Bermuda House of Assembly BERMUDA HOSPITALS BOARD ANNUAL REPORT 2012 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker …
All right. Thank you, Minister. The Chair will now recognise the Minister for Health and Seniors. Minister Jeanne Atherden, you have the floor.
2552 15 July 2016 Official Hansard Report
Bermuda House of Assembly BERMUDA HOSPITALS BOARD ANNUAL REPORT 2012
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker and Honourable Members, I stand before this Honourable House to table the Be rmuda Hospitals Board Annual Report 2012 and to provide an update on their annual reports. Mr. Speaker, we are all aware that BHB represents 43 per cent of total health spending on the Island, so we recognise the importance of BHB’s operational and f inancial reports. I am therefore very pleased to bring forward this update. Mr. Speaker, the 2012 Annual Report was delayed by an official review requested by the Office of the Auditor General. Recommendations from that review have been implemented. I am very pleased to tell you that an unqualified audit opinion has been achieved for the fiscal year ended March 31 st, 2012. Mr. Speaker, with the publication of the 2012 report before you, BHB’s public reporting obligations will still be three years behind. Hard work, however, continues to bring BHB up to date. Mr. Speaker, as this Honourable House will be aware, BHB is responsible for the Island’s hosp itals: King Edward VII Memorial Hospital (KEMH), the Mid-Atlantic Wellness Institute (MWI), and the Lamb Foggo Urgent Care Centre. KEMH is funded by private and public health insurance payments, government subsidies and, to a lesser extent, by direct pa yments by uninsured individuals. The Mid- Atlantic Wellness Institute is financed primarily by the resources provided by an annual o perating grant from Government. The 2012 Annual R eport discloses that BHB started to experience financial challenges in 2012, with a $4 million deficit. This was due to the economic downturn and the introduction of caps on the amount of revenue BHB could charge private insurers. It was also caused by BHB fee [i ncreases] which were below the inflation rate and Government’s restri cting the amount it could pay under subsidy. Despite this, Mr. Speaker, you will see many improvements were still achieved in the provision of high-quality care for Bermuda, funded by the previous years’ $17 million surplus. Mr. Speaker, this Annual Repor t also identifies how work began on addressing the financial challenges. Efficiency measures were implemented as part of BHB’s preparation to meet the financial obligations of the planned new Acute Care Wing. BHB carefully reviewed its expenditure, started to introduce salary and vacancy freezes, and pos tponed vital maintenance work. It began to drive down expenditure on supplies and other overhead costs. Mr. Speaker, this story of cost -savings and care improvements in our hospitals will continue as further annual reports are audited and brought before you. BHB’s efforts have delivered 10 per cent, 15 per cent, and 5 per cent reductions in budgeted expenditure over the past three years. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. And you do have a next Statement. You may carry on. BERMUDA HEALTH COUNCIL ANNUAL REPORT 2015/16 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker and Honourable Members, I am pleased to table the Bermuda Health Council’s Annual Report for the financial year …
All right. Thank you, Minister. And you do have a next Statement. You may carry on.
BERMUDA HEALTH COUNCIL ANNUAL REPORT 2015/16
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker and Honourable Members, I am pleased to table the Bermuda Health Council’s Annual Report for the financial year ending March 2016. Mr. Speaker, section 12 of the Bermuda Health Council Act 2004 requires that the Hea lth Council submit a report of its operations and audited financial stat ements to the legislature. The Health Council has been operational since 2006 and has tabled an annual r eport every year since. Mr. Speaker, in April 2016, the Health Council submitted its draft unaudited financial statements to the Office of the Auditor General for the fiscal year ending March 2016; the Auditor approved the financial statements in June 2016. The Annual Report was approved by the Auditor General in July 2016 and is being submitted for tabling. The Health Council’s Annual Report 2015/16 represents all operational activities between the 1 st of April 2015 and March 2016, incl usive, Mr. Speaker. In this period, the council worked to strengthen its collaboration with stakeholders and i mprove its regulatory oversight of Bermuda’s health system. Mr. Speaker, the Health Council made signif icant achievements in 2015/16, including the following: A. Monitored employers’ compliance: The Health Council enforces employers’ compliance with the Health Insurance Act 1970 (the Act). By collaborating with insurers and educating employers on their obligations as defined in the Act, the Health Council’s efforts resulted in health insurance coverage for 2,115 employees and the recovery of an estimated $700,348 in health insurance premiums. B. Developed Standards of Practice: In collaboration with the Council for Allied Health Profes-sions, the Health Council coordinated the develo pment and roll -out of the Standards of Practice for A llied Health Professions, which promotes transparency and accountability and encourages a high quality of healthcare for Bermuda’s residents. These standards affect approximately 350 allied health professionals. C. Monitored diagnostic test ordering: Since 2014, the Health Council has monitored utilisation by analysing physicians’ diagnostic imaging and diagnostic lab order rates. The rates for individual physicians and health service providers are shared to provide feedback and stimulate discussion about appropriate testing practices locally. Results were sent to 93 pr oviders who made referrals for diagnostic imaging services, and 87 providers who made referrals for lab services. Since the original analysis in 2014, there has
Bermuda House of Assembly been a reduction in order rates, with imaging orders down by 10 per cent and lab orders down by 8 per cent. This is a material reduction in utilisation. It is good for patients and good for health costs, and was achieved in a positive and collaborative way with the physician community. D. Promoted electronic claims: In 2012, i nsured patients were no longer obligated to pay up-front for health professional visits as per the Claims Regulations 2012. These Regulations also established basic requirements to submit, process, and pay claims. Between February 2015 and January 2016, the Health Council noted that 62 per cent of claims received by insurers were submitted electronically. Electronic claims submission ensures accuracy and timely payment to providers for the services they d eliver. E. Monitored the health system: The Health Council listens to feedback from the public, insurers, professionals and providers, and local companies, tracking the number of complaints and queries r eceived. Tracking allows the Health Council to educate stakeholders about thei r rights within the health sy stem and work collaboratively to identify solutions that improve care. This year, as always, most complaints were about whether employees have health insurance coverage and represented 33 per cent (18) of all complaints, of whi ch there were 55 received in the last fiscal year. Of the 178 queries received, 26 per cent (or 46) were about costs, fees and billing, as people seek to understand the bills received for health services. F. Facilitated two Health Symposia: In May 2015, the Health Council teamed up with the Ministry of Health and Seniors, the Bermuda Medical Council, the Bermuda Medical Doctors Association, and the Bermuda Hospitals Board to organise a symposium for all health professionals to focus on providing consistency in appropriate screening for select health conditions. The Health Council also collaborated with the Ministry of Health and Seniors to host a symposium to release the Bermuda Health Strategy 2014 to 2019, and the Bermuda Health Action Plan 2014 to 2019. T he strategy provides the vision for health in Bermuda and outlines the strategic reform priorities for our health system. G. Reviewed the Standard Health Benefit: The Health Council facilitated the annual actuarial r eview and published the Actuarial Report 2015, which outlines the process for determining the Standard Premium Rate. The Standard Premium Rate for 2016/17 remained the same as it was in 2015/16 and covered the cost of new services available under the Standard Health Benefit. The report is publis hed a nnually on the Health Council’s website. H. Published National Health Accounts: The Health Council published the National Health A ccounts Report 2015, which provides details of health system financing and expenditure. Of note, this year the council reported a decrease in per capita health expenditure from $11,297 per capita to $11,188 per capita, and a decrease in overall health system expenditure from $705 million down to $693 million. I. Provided advice to the Ministry: And finally, Mr. Speaker, the Health Council provided advice and support on a range of policy, public health, and ec onomic issues to the Ministry of Health and Seniors. This includes information about the performance of statutory boards which regulate health professionals, ways to reduce health spending in select areas, and information to support health system planning. Mr. Speaker, as mentioned on previous occ asions, when I came to this Honourable House last year, the Health Council committed to working very hard to improve access to health care and encourage more efficient use of health system resources. The Health Council has dedicated itself to this task with the assistance of many partners in the private and public sectors, and should be proud of its accomplishments this year. I wo uld be remiss if I did not thank all the board members and the numerous me mbers of the sub- committees who, with their diverse expertise, work together to provide a long- term sol ution to health system issues. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Minister for Community and Sport. Minister Sylvan Richards, you have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker, and good morning, and good morning to our listeners.
The SpeakerThe SpeakerGood morning. ED BLOCK BERMUDA CELEBRITY CLASSIC 2016 Hon. Sylvan D. Richards, Jr.: Mr. Speaker, it gives me great pleasure to share with Honourable Members and with the people of Bermuda information about our exciting inaugural Ed Block Bermuda Celebrity Classic, which was recently held as part of a partnership …
Good morning.
ED BLOCK BERMUDA CELEBRITY CLASSIC 2016
Hon. Sylvan D. Richards, Jr.: Mr. Speaker, it gives me great pleasure to share with Honourable Members and with the people of Bermuda information about our exciting inaugural Ed Block Bermuda Celebrity Classic, which was recently held as part of a partnership among the Ed Block Courage Award Foundation of the Unit ed States of America, the Mirrors Alumni and Friends Association, and the Mirrors Programme, through the Ministry of Social Development and Sports. This event is designed to bring together N ational Football League players who are recipients of the Ed Bloc k Courage Award and Bermuda’s youth for a day of empowerment, leadership workshops, and fun development activities. Mr. Speaker, the Classic was a resounding success, which showcased four events, including a welcome reception for overseas guests, sponsored by the Bermuda Tourism Authority; the Power of One Youth Outreach Rally; a VIP reception; and the golf 2554 15 July 2016 Official Hansard Report
Bermuda House of Assembly tournament. Mr. Speaker, the event opened for 59 overseas guests, which included 20 NFL players, with a true Bermudian flavour and our signature Bermudian hospitality. Guests enjoyed and participated with the New Generation Gombeys (dancers), and Mr. Paul Smith on the steel pan drums. Most of the attendees were first -time visitors and vowed to return to Bermuda for a vacation. Thus, the Classic has also contributed to tourism develo pment. The NFL players have been using social media to promote Bermuda through their experience under #edblockbda. Mr. Speaker, the primary intention of the Classic was realised as middle school children, Mi rrors participants , and the Power of One students had the opportunity to interact with the NFL players at T. N. Tatum Middle School. They engaged in talks about achieving goals, using the supports around them to persevere to achieve their education goals, and being coachabl e. Students taught the NFL players cricket and played other sports games throughout the day. Parents have subsequently e- mailed their appreci ation for the opportunity, with students requesting to return for another day of empowerment. One parent indicated that her son gave his whole day a very high rating and said he would definitely be interested in attending more of these kinds of rallies and wor kshops. Others indicated that they are looking to attend similar events in the future. Mr. Speaker, the NFL pl ayers who joined us are very community minded and committed to the success of young people. We got to see first -hand the characteristics that led to their receiving the presti gious Ed Block Courage Award. These NFL players were engaging, personable, funny and inspiring, and demonstrated a sincere commitment to the personal development of our youth. Mr. Speaker, the VIP Reception and Golf Tournament were just as successful as the other events. Joique Bell, of the Detroit Lions, was on a team with locals Dou g Hinds, Jonathan Ingham and William Pateris. And they won the tournament with a score of 63, just 8 under par, at Port Royal Golf Course. The Bermuda Fire Service Team, with Mark Ray, Vance Hassel, Delton White, ] and NFL player Earnest Byner, placed second with a score of 64, or 7 under par retrogression. And the third- place team was the Bermuda Police Service, with Tracy Burgess, Greg Tompkins and Paul Wright, along with Brian Mitchell of the Washington Redskins. Members of the BELCO team, with a score of 79, with 8 over par, won golf evaluations with PJ Pr ofessional Kim Swan. The interactions with the local players were phenomenal. Patrick Mannelly played on the Mirrors team and shared endless tips with his teammates. He was easy to talk with and provided countless one- liners of inspiration. He set the tone with the team to have fun, and they played well. Mr. Speaker, we want to thank the sponsors, volunteers, event planners, and venues that hosted the group activities. It was the teamwork that made the inaugural event a success. Additionally, a huge thank you goes to Mr. David Bascome for being our hero in Baltimore and for his perseverance and sup-port in bringing this partnership. Finally, Mr. Speaker, I would like to send a special thanks to Kimberley Jackson and her team at Mirrors and Team Street Safe for a well -organised classic. Honourable Members and the general public can visit the Mirrors Programme Facebook page or the Ed Block Celebrity Classic page for pictures and videos of the event. Thank y ou, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. You may read your second Statement. EMANCIPATION COMMEMORATION CEREMONY 2016 Hon. Sylvan D. Richards, Jr.: Gladly. Mr. Speaker, today I wish to share with Honourable Members and the people of Bermuda the Emancipation events being organised by the Depar tment of Community and Cultural Affairs …
All right. Thank you, Minister. You may read your second Statement.
EMANCIPATION COMMEMORATION CEREMONY 2016
Hon. Sylvan D. Richards, Jr.: Gladly. Mr. Speaker, today I wish to share with Honourable Members and the people of Bermuda the Emancipation events being organised by the Depar tment of Community and Cultural Affairs to commem orate the Emancipation of enslaved peoples in Bermuda. This year, 2016, is especially significant be-cause it marks the 400 th anniversary of the arrival in Bermuda of the first person of African descent and the first Native American Indian, both of whom remained in Bermuda as slaves. Mr. Speaker, few would challenge the critical importance of taking time to commemorate the end of slavery in Bermuda. In this regard, I note that the Bermuda National Gallery recently opened a multim edia exhibition on one of our National Heroes, Mary Prince. The exhibition, sponsored in part by the Go vernment of Bermuda, featured the work of Barbadian-Canadian artist Joscelyn Gardner, who examined hi storical perspectives of the slave narrative by Mary Prince entitled T he History of Mary Prince, which is widely recognised as one of the earliest narratives on slavery in the West Indies. Mr. Speaker, the Department of Community and Cultural Affairs has planned several events and activities in recognition of the emancipati on of enslaved peoples in Bermuda. The first of these events is the Dr. Kenneth E. Robinson/Cyril Outerbridge Packwood Memorial Lecture that will take place on Thursday, 21 st of July, at 6:00 pm at the Bermuda U nderwater Exploration Institute, organised wi th the assistance of the Bermudian Heartbeats Committee. The speaker on this occasion will be Jay Butler, Assi stant Professor of Law, William and Mary Law School. The title of this lecture is At Freedom’s Helm: Labour, Politics, and Family in 19 th Century Bermuda. Mr. Speaker, this is the 11th year that the d epartment has organised this lecture, which takes place
Bermuda House of Assembly annually, and is in honour of and named after two outstanding black Bermudian historians —Dr. Kenneth E. Robinson, former Chief Education Officer and author of Heritage, which recounts the lives of black people in Bermuda post -1834; and former Bermuda National Librarian and author, Cyril Outerbridge Packwood, who wrote the celebrated work on slavery in Bermuda entitled Chained on the Rock . Through t heir scholarly works, these two men have made enormous contributions that will continue to impact our understanding about aspects of Bermuda’s cultural heritage. The event will begin with the reading of a proclamation recognising the 400 th anniversary of t he arrival of the first person of African descent and the first Native American Indian, who remained in Bermuda as slaves. Mr. Speaker, to encourage community recognition of this important 400th anniversary, the depar tment is inviting churches to peal their church bells at noon on Monday, August 1st, 2016. Mr. Speaker, the second event will take place on Sunday, 24th of July, at 7:00 pm at the Ruth Seaton James Centre for the Performing Arts. The purpose of this ceremony is to call particular attention to individ uals and organisations of both Devonshire and Paget Parishes who have made significant and lasting con-tributions to their respective communities, in the spirit of progress. Mr. Speaker, permit me to put the event planned for July 24 th in its larger context. I wish to emphasise that this event is part of a series that began in 2012 to bring attention to the many black people in the respective parishes who had persevered, against tr emendous challenges, to support others and to help build their local communities. Moreover, one of the overarching aims of this initiative was to publicly extol and recognise those persons of African descent who, despite the cruelties of enslavement, bondage, or segregation, had risen above these man- made manifest ations and not only thrived, but excelled. Mr. Speaker, it is fitting that we pause to ho nour, applaud, and affirm the contributions that were made so selflessly by persons of African descent. In prior episodes in the series, we have shone the spotlight on courageous, hard- working entrepr eneurs, sailors, boatmen, crafts -persons, educators, tradesmen, doctors, community activists, busines smen and businesswomen, architects, and public servants, who endeavoured to be self -reliant and offer a helping hand to others in their communities. Primarily, the focus has been on the work, worth, and meanin gful contributions of black Bermudians because it is associated with the Emancipation programme; and the intent is to give recognition to those who are the descendants of the enslaved. However, there were non-blacks who went up against the status quo and assisted black people, as well; and such persons have also been recognised. Mr. Speaker, the department has, over many years, created numerous programmes through dr amatic presentations, which have highlighted aspects of the cruelty of slavery here in Bermuda, and some presentations had focused on slave rebellions and uprisings that were orchestrated by some of Bermuda’s bonds people. The department has also been most responsible in demonstrating that people of Afr ican descent had a rich and vibrant cultural heritage prior to being enslaved. However, Mr. Speaker, in 2012, the depar tment decided to expand the narrative about black Bermudians and share how we as a people met the challenges of a segregated society and worked hard to forge paths that would benefit the people in the communities in which they found themselves. The department, aided by the Emancipation Committee, therefore shifted the focus from the life of black Bermudians pre- emancipation to life post -emancipation. In doing so, much of the rich history of our people has been unearthed and brought to light for the public to be further educated and informed. Thus, we have cr eated biographical sketches of people throughout the parishes, and the vast majority of this research has been done by Meredith Ebbin. The department is tr emendously indebted to her for her efforts. And so, Mr. Speaker, I am honoured to inform my colleagues and the public that persons and organisations of Devonshire and Paget Parishes will be featured in our Emancipation Ceremony this year under the theme of The Trail of Our People: Jabulani/Jubilee . Persons and organisations from Devonshire who will be honoured include Mr. Wilfred Mose Allen, Mr. Regina ld Ming, Mr. George Arthur “Doc” Morris, Mr. Edward P. Skinner, Mr. Herbert G. A. Sti rling, Dr. Dorothy Thompson, Mr. Kingsley Tweed, Sr., the Dill Family, founders of Devonshire Recreation Club, and the founders of the Old Elliott School. Mr. Speaker, persons and families of Paget Parish who will be recognised include Ms. Geraldine Johnson, Mr. John G. Bassett, Sr., Mr. Henry Co nyers, Mr. David Critchley, Mr. Edward Forbes, Sr., Mr. Esau Simmons, Mr. J. Fred Tucker, “Ma” Hilda Hinson Tucker, Ms. Olivia Tucker, and the Musson family. Mr. Speaker, I invite my honourable co lleagues and fellow Bermudians and residents to join me on July 24 th. This event is free to all. Should persons also be interested in attending the Robinson Packwood Lecture on July 21 st, I invite them to call the department at 292- 1681— once again, 292- 1681—and secure a ticket, priced at five dollars per person. Mr. Speaker, the third event is a collaboration of the Department of Community and Cultural Affairs, the St. George’s Foundation, and the African Diaspora Heritage Trail Bermuda Foundation. On Thursday, August 4th, starting at 7:00 pm, the St. George’s Foundation invites the public to a lecture, at the World Heritage Centre, by Dr. Clarence Maxwell, Assistant 2556 15 July 2016 Official Hansard Report
Bermuda House of Assembly Professor of History at Millersville University, who will speak on the early black presence in Bermuda. In closing, I would like to thank the Depar tment of Community and Cultural Affairs and the Emancipation Committee for their efforts in bringing focus to aspects of Bermudian heritage and culture which can only uplift our people for the betterment of all. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That concludes our Ministerial Statements. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThe Chair will recognise the Deputy Speaker, from constituency 4. Deputy Speaker Roberts-Holshouser, you have the floor. [Pause]
The SpeakerThe SpeakerDeputy Speaker. Deputy Speaker.
The SpeakerThe SpeakerOh. The Cler k: Have you liaised with the secretary to the committee?
The SpeakerThe SpeakerYes, just hold on one second. HOSPITALS AUXILIARY OF BERMUDA AMEN DMENT ACT 2016
Mrs. Suzann Roberts -HolshouserI believe it is on its way. Thank you, Mr. Speaker. I do now have it in my hands. To the Honourable the President and Members of the Senate, to His Honour the Speaker and Members of the Honourable House of Assembly: The Parliamentary Joint Select Committee on Private Bills …
I believe it is on its way. Thank you, Mr. Speaker. I do now have it in my hands. To the Honourable the President and Members of the Senate, to His Honour the Speaker and Members of the Honourable House of Assembly: The Parliamentary Joint Select Committee on Private Bills has the honour to submit the following report: The committee has carefully considered the petition, together with the related Bill for the Act listed hereunder, and is satisfied that the Bill is a private Bill and that all the rules of both Houses having to do with private Bills have been complied with—t he Hospitals Auxiliary of Bermuda Amendment Act 2016. The Committee recommends that the Bill ent itled the Hospitals Auxiliary of Bermuda Amendment Act 2016 be approved without amendment. Subject to the recommendations contained in paragraph 2 above, the c ommittee recommends that the prayers of the several petitioners be granted and that leave be given to bring the proposed Bill to give effect thereto. All of which is respectfully submitted by m yself, Chairman, the Honourable Member Lovitta F. Foggo, the H onourable and Learned Member Michael John Scott, and Member Lynne A. Woolridge from the Senate. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you very much, Honourable Member. QUESTION PERIOD WRITTEN ANSWERS
The SpeakerThe SpeakerYes, Honourable Members , we move now into the Question Period. And the first responses to questions from C. W. D. Brown . . . I think the Premier and C. W. D. Brown have communicated, and those answers will be provided to the Member in short course. QUESTIONS: CONSULTANTS/CONTRACTS …
Yes, Honourable Members , we move now into the Question Period. And the first responses to questions from C. W. D. Brown . . . I think the Premier and C. W. D. Brown have communicated, and those answers will be provided to the Member in short course.
QUESTIONS: CONSULTANTS/CONTRACTS 1 APRIL 2015 TO 31 MARCH 2016 FOR D EPARTMENTS AND/ OR QUANGOS FOR WHICH THE HONOURABLE PREMIER IS RESPONSIBLE
1. Will the Honourable Premier please provide this Honourable House with a list of all consultants/contracts from 1st April 2015 to 31st March 2016 for the departments and or quangos for which the Honourable Premier is r esponsible; including the names and or the company, and the company’s address?
2. Will the Honourable Premier please inform this Honourable House as to the terms of reference and or project for which each consul tant/contractor has been retained?
3. Will the Honourable Premier please inform this Honourable House as to the remuneration each consultant/contractor will or has r eceived; including whether or not the terms of employment incl ude payment of any other expenses like travel, accommodations and meals?
The SpeakerThe SpeakerThe written responses from the Honourable E. T. Richards to E. D. Burt should have been received. Bermuda House of Assembly QUESTION: TOTAL AMOUNT PAID TO LAW FIRMS AND/ OR LAWYERS APRIL 1, 2013 TO MARCH 31, 2014, APRIL 1, 2014 TO MARCH 31, 2015 AND APRIL 1, 2015 TO …
The written responses from the Honourable E. T. Richards to E. D. Burt should have been received.
Bermuda House of Assembly QUESTION: TOTAL AMOUNT PAID TO LAW FIRMS AND/ OR LAWYERS APRIL 1, 2013 TO MARCH 31, 2014, APRIL 1, 2014 TO MARCH 31, 2015 AND APRIL 1, 2015 TO MARCH 31, 2016
1. Will the Honourable Minister please inform this Honourable House of the total amount paid to individual law firms and or lawyers in legal fees including the retainers and settl ements for the period April 1, 2013 to March 31, 2014, April 1, 2014 to March 31, 2015 and April 1, 2015 to March 31, 2016, and if he can segment the individual figures by payments for legal aid and payments for all services other than legal aid?
The SpeakerThe SpeakerThe written responses from the Honourable P. J. Gordon- Pamplin to D. V. S. Rabain should have been received, yes? QUESTION: CERTIFICATION AND DEPARTMENT OF WORKFORCE DEVELOPMENT 1. Will the Honourable Minister please inform this Honourable Hous e how many motor mechanics, electricians and welders are currently nationally certified and …
The written responses from the Honourable P. J. Gordon- Pamplin to D. V. S. Rabain should have been received, yes?
QUESTION: CERTIFICATION AND DEPARTMENT OF WORKFORCE DEVELOPMENT
1. Will the Honourable Minister please inform this Honourable Hous e how many motor mechanics, electricians and welders are currently nationally certified and out of these, how many had their certification expired during 2015 and 2016 and how many certifications were renewed in 2015 and 2016?
2. Will the Honourable Minister please inform this Honourable House how many national certifications for Landscape Gardeners have been issued since September 30, 2016?
3. Will the Honourable Minister please inform this Honourable House as to what is the total number of persons registered at the Depar tment of Workforce Development in the year 2012, 2013, 2014 and 2015 and how many of those registered found employment in 2012, 2013, 2014 and 2015?
The SpeakerThe SpeakerAnd we do have questions from W. L. A. Scott to E . G. Gibbons, and it has been communicated and we have spoken with the Honourable W. L. A. Scott with reference to that. And the Minister is not happy with the answers and will provide the answers. If …
And we do have questions from W. L. A. Scott to E . G. Gibbons, and it has been communicated and we have spoken with the Honourable W. L. A. Scott with reference to that. And the Minister is not happy with the answers and will provide the answers. If you would like the answers to be done orally at the next meeting, they can be done. So you would like them orally at the next meeting?
Mr. W. Lawrence ScottYes, Mr. Speaker. They could be oral responses at the next sitting.
The SpeakerThe SpeakerYes. Okay. If you would like them before then, you can have them. But it is just that we will be meeting, I b elieve, in September. If you do not want to wait, it is up to you. You could wait if you want until then, or if you …
Mr. W. Lawrence ScottWhat I will do, just so that we can have a good robust question period on that, I will probably wait until September.
The SpeakerThe SpeakerOkay. The Chair will now recognise the Member from constituency 32, MP Jamahl Simmons.
The SpeakerThe SpeakerYes. QUESTION 1: BTA JOURNALISTS AND BLO GGERS
Mr. Jamahl S. SimmonsWill the Junior Minister please inform this Honourable House, what is the total number of journalists and bloggers who have been brought to Ber muda at the BTA’s [Bermuda Tourism Authority] expense between January 2015 and January 2016?
The SpeakerThe SpeakerMr. Minister. Hon. Kenneth (Kenny) Bascome: Yes, thank you, Mr. Speaker. The number of journalists and bloggers —108 journalists and bloggers were h osted by the BTA between January the 5 th, 2015, and January 2016, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP Simmons. 2558 15 July 2016 Official Hansard Report Bermuda House of Assembly Mr. Jamahl S. Simmons: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARIES
Mr. Jamahl S. SimmonsWhat were the terms and conditions of these journalists and bloggers being brought to Bermuda?
The SpeakerThe SpeakerJunior Minister. Hon. Kenneth (Kenny) Bascome: That was to assist with the marketing of our Island internationally, Mr. Speaker.
Mr. Jamahl S. SimmonsI am sorry, Mr. Speaker. Perhaps the Honourable Junior Minister did not u nderstand my question. What were the criteria for which the journalists and bloggers were brought to Bermuda? Just for background, traditionally, when we bring in journalists, there are conditions attached. You do not get a free ride …
I am sorry, Mr. Speaker. Perhaps the Honourable Junior Minister did not u nderstand my question. What were the criteria for which the journalists and bloggers were brought to Bermuda? Just for background, traditionally, when we bring in journalists, there are conditions attached. You do not get a free ride to Bermuda without conditions. What I am asking is, what were the conditions attached to these individuals being brought to Bermuda?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Basco me: Mr. Speaker, at this particular time, I do not have that relevant information. However, I will seek it and see that the Hon-ourable Member receives the relevant information.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Mini ster. MP Simmons.
Mr. Jamahl S. SimmonsHe probably does not know the answer to this, but I will ask it anyway. What were the criteria for the journalists and bloggers who were selected by the BT A to come to Bermuda?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the question is very similar, in my own opinion. And I would say at this particular time I do not have that relevant information.
Mr. Jamahl S. SimmonsJust for clarity, Mr. Speaker. I just want to make sure that the Minister, when he gets the information . . . the first question I was asking is, What conditions were put on the journalists and bloggers who were brought here at the expense of the BTA? The supplemental …
Just for clarity, Mr. Speaker. I just want to make sure that the Minister, when he gets the information . . . the first question I was asking is, What conditions were put on the journalists and bloggers who were brought here at the expense of the BTA? The supplemental was, Of the journalists who were selected, what criteria was used to select them? So they are two separate, very different questions. I am aware he cannot answer them. Thank you.
The SpeakerThe SpeakerAll right. Okay. Now, do you want to go to your second question? QUESTION 2: BTA JOURNALISTS AND BLO GGERS
Mr. Jamahl S. SimmonsThank you very much, Mr. Speaker. Will the Junior Minister please inform this Honourable House, what was the total cost of airline tickets, ac commodations, meals, amenities, and transportation for the aforementioned journalists in Question 1?
The SpeakerThe SpeakerJunior Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the airline tickets were $15,019.44. The accommodations were $38,993.73. The mea ls were $30,263.12. Excursions, amenities, and transportation [sic], $39,073.05. And transportation was $56,819.10, Mr. Speaker.
Mr. Jam ahl S. SimmonsWhat, if any, projected r eturn on investment did the BTA [expect] in this nearly $200,000 investment?
The SpeakerThe SpeakerJunior Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time, I do not have that relevant informatio n. I will seek that relevant information and see that the Honourable Member receives that inform ation. Bermuda House of Assembly The Speaker: Minister Simmons —MP Simmons, excuse me.
Mr. Jamahl S. SimmonsYou are promoting me. Thank you, Mr. Speaker. Supplementary, Mr. Speaker.
Mr. Jamahl S. SimmonsOf the accommodations, what percentage of the $38,993.73 was spent on guest [houses] or smaller properties?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the figures are not at my disposal. O nce again, I will say to the Honourable Member, I will seek the relevant information and see that he has it in his hands. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP Simmons, your third question?
Mr. Jamahl S. SimmonsThere is a little bit of conf usion here. The response is saying the BTA is saying that they will never provide an informed response.
The SpeakerThe SpeakerExcuse me; sorry. Say that again? QUESTION 3: BTA JOURNALISTS AND BLO GGERS
Mr. Jamahl S. SimmonsDuring [their response], they are s aying that the BTA, on the information I have, were unable to get an informed response. Just for the record, I would like to put the question. The question is quite clear. I do not understand why they are unable to give an informed …
During [their response], they are s aying that the BTA, on the information I have, were unable to get an informed response. Just for the record, I would like to put the question. The question is quite clear. I do not understand why they are unable to give an informed response. But the quest ion I was asking is, What was the total amount spent by the BTA on visitor accommodations in the first quarter 2016 in comparison to the first quarter 2015?
Mr. Jamahl S. SimmonsWhat I am asking is, what was the amount spent that they paid to accommodate tourists, or visitors, during those two periods, and compare them? I thought it was pretty clear, but they seem to be unable to answer it.
The SpeakerThe SpeakerThey should be able to find that answer. Yes, Junior Minister. Hon. Kenneth (Kenny) Bascome: Once again, I will say, Mr. Speaker, as was stated, that they stated that they were unable to seek or acquire that relevant i n-formation. However, I will see that they find that rel evant …
They should be able to find that answer. Yes, Junior Minister. Hon. Kenneth (Kenny) Bascome: Once again, I will say, Mr. Speaker, as was stated, that they stated that they were unable to seek or acquire that relevant i n-formation. However, I will see that they find that rel evant information, and the Honourable Member can be guaranteed that I will have that in his hand. Thank you.
The SpeakerThe SpeakerThank you. Thank you, Minister. I want to remind members in the audience that they respond in no way to what goes on in this House. That means no gestures, shaking of the head, moving of hands or whatever. You watch what is going on, and that is it. Otherwise, …
The SpeakerThe SpeakerWe now move to the Statements. The first one was on the European Union referendum, by the Premier. I will first recognise t he Honourable Member from constituency 17, MP Walton Brown. QUESTION 1: EU REFERENDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walton BrownThank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, let me first of all congratulate or thank the Honourable Premier for providing us with an update on such an important matter. The Honourable Premier in his Statement said that the United Kingdom is putting together a list of priority …
Thank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, let me first of all congratulate or thank the Honourable Premier for providing us with an update on such an important matter. The Honourable Premier in his Statement said that the United Kingdom is putting together a list of priority concerns that relate to the Overseas Territories. Can the Premier indicate whether or not the Bermuda Government will be putting together its own list of concerns that they in turn will relate to the UK?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. That is the case. And the process has started. It is going to be a long one, and probably complex at times. And I will endeavour to keep everyone informed as we go. Obviously, next week, we are in TCI …
Premier.
Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. That is the case. And the process has started. It is going to be a long one, and probably complex at times. And I will endeavour to keep everyone informed as we go. Obviously, next week, we are in TCI [Turks and Caicos Islands] for the pre- JMC [Joint Ministerial Council]. And it will be a good opportunity for us to get in the room and discuss the Overseas Territories in general and try to work with them to make sure our case can be stronger coming from small colonies.
The SpeakerThe SpeakerThank you. Yes, MP Brown. Your supplementary, yes. SUPPLEMEN TARY
Mr. Walton BrownSupplementary. Will the Premier commit to sharing at the earliest opportunity the list of concerns that are put t ogether? 2560 15 July 2016 Official Hansard Report Bermuda House of Assembly
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Most certainly, Mr. Speaker. As we have done from the beginning of this, I will certainly keep this Honourable House and the people of Bermuda informed.
The SpeakerThe SpeakerYes, sir. Carry on. QUESTION 2 : EU REFERENDUM —UK WIT HDRAWAL FROM THE EUROPEA N UNION
Mr. Walton BrownHas there been any initiative taken to identify the legislation, Bermuda legislation that is likely to be affected by the Brexit negotiations?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. We have had a meeting of Ministers who would have some area of responsibility in this regard to identify those areas. But I have not had a report back on specific pieces and what needs to be done. But we have …
The SpeakerThe SpeakerYes. QUESTION 3 : EU REFERENDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walton BrownI assume the Premier will also relay that to the public once it is put together. The third question rel ates to our working with other Overseas Territories. At least one Minister in the Government is on record as saying it is not in our best interests to work with …
I assume the Premier will also relay that to the public once it is put together. The third question rel ates to our working with other Overseas Territories. At least one Minister in the Government is on record as saying it is not in our best interests to work with the other Overseas Territories. He is not here. I do not want to speak about it in his absence, because the seat next to the Premier is v acant.
[Laughter and inaudible interjections ]
Dr. the Hon. E. Grant Gibbons: Very slick.
Mr. Walton BrownBut, Mr. Speaker, will the Premier acknowledge that, despite our competitive relationship on one front r egarding financial services with the other Overseas Territories, this issue represents an special challenge to the Overseas Territories and calls out for a far greater degree of collaboration on critical issues? And so, can …
But, Mr. Speaker, will the Premier acknowledge that, despite our competitive relationship on one front r egarding financial services with the other Overseas Territories, this issue represents an special challenge to the Overseas Territories and calls out for a far greater degree of collaboration on critical issues? And so, can the Premier give a commitment that we are prepared to put aside the competitive aspects to work together to direct these issues? Because the Overseas Territories are best positioned to pursue their own interests.
The SpeakerThe SpeakerAll right. Premier. Hon. Michael H. Dunkley: Yes, Mr. Speaker. And I believe we do have to work together. But I do not think we can put aside our competitive challenges that we face. I think we have to work around those and with those as we go forward. But …
All right. Premier. Hon. Michael H. Dunkley: Yes, Mr. Speaker. And I believe we do have to work together. But I do not think we can put aside our competitive challenges that we face. I think we have to work around those and with those as we go forward. But I agree that we need to work as closely as we can with ever yone who has got some skin in the game, because I think we will find a better resolution all around on this matter.
The SpeakerThe SpeakerThank you, Premier. The Chair will recognise now the Honourable Member from constituency 15, the Acting Leader of the Opposit ion, MP Roban.
Mr. Walter H. RobanThank you, Mr. Speaker. In the last page of the Premier’s Statement,
The SpeakerThe SpeakerYes. QUESTION 1 : EU REFERENDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walter H. RobanOn the last main paragraph, it is stated, “ Our discussions will focus on our relationship with the European Union, ” one; and secondly, to “assess the future of Overseas Territories within the EU and our collective pr iorities within UK negotiations . . .” and also, a number of …
On the last main paragraph, it is stated, “ Our discussions will focus on our relationship with the European Union, ” one; and secondly, to “assess the future of Overseas Territories within the EU and our collective pr iorities within UK negotiations . . .” and also, a number of topics, including “ the global tax and transparency agenda . . . our financial services industry, Child Safeguarding , and Sus tainable Economic Development.” Can the Premier assure us that, in the spirit of the question of my honourable colleague who just took his seat, that th ere will be a united front in these areas? We know that sometimes in the past some of the territories have perhaps, in other settings, pursued their own interests separate from the collective interest.
The SpeakerThe SpeakerMr. Premier. Hon. Michael H. Dunkley: I cannot give that assurance because you cannot, obviously, control what other OTs will do. But it is the intention of this Government, and I am sure we have the support of the Opposition, to go in and work through this issue in the …
Mr. Premier. Hon. Michael H. Dunkley: I cannot give that assurance because you cannot, obviously, control what other OTs will do. But it is the intention of this Government, and I am sure we have the support of the Opposition, to go in and work through this issue in the most supporting way we c an with the utmost of collaboration. When you look at the OTs, you can see that they all have various levels of concern about the
Bermuda House of Assembly Brexit. Obviously, Gibraltar will be at the top of the list. And I think Gibraltar has already made trips to London to make sure their concerns are high on the agenda. So we will try to work together as much as we can, but we obviously cannot control the actions of others.
The SpeakerThe SpeakerThank you, Premier. MP Roban.
Mr. Walter H. RobanThank you. In fact, the Premier has fed into my second question.
The SpeakerThe SpeakerOkay. QUESTION 2 : EU REFERENDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walter H. RobanIn light of the answer that he has given (although it is my second question; I am not going to make it a supplementary), wh en is the Pr emier expecting that Bermuda will arrange an official meeting with Mr. James Duddridge, who is the Parliamentary Under Secretary of State …
In light of the answer that he has given (although it is my second question; I am not going to make it a supplementary), wh en is the Pr emier expecting that Bermuda will arrange an official meeting with Mr. James Duddridge, who is the Parliamentary Under Secretary of State for the Foreign and Commonwealth Office, who is responsible for overseas affairs, in light of the Brexit occurrences, to discuss directly with him Bermuda’s interests and f uture as it relates to what is happening with the Brexit negotiation?
The SpeakerThe SpeakerYes, Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. There are two parts to that answer. One i s, I already had a telephone conversation with Minister Duddridge. I believe it was on Wednesday of last week. And during the course of that conversation, it was clear that there …
Yes, Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. There are two parts to that answer. One i s, I already had a telephone conversation with Minister Duddridge. I believe it was on Wednesday of last week. And during the course of that conversation, it was clear that there was a great deal of uncertainty on what was going to take place at that time. And secondly, even to this moment, there is still some degree of uncertainty as to whether Mr. Duddridge will remain in that position. So I believe we have to tread water for the next few days while the Prime Minister puts in place the people she would l ike in her Cabinet and confirms that some of those who are still there will remain.
The SpeakerThe SpeakerAll right. Thank you, Premier. MP Roban.
Mr. Walter H. RobanMr. Duddridge still does remain in the position. But I accept the Premier’s answer. But can the Premier perhaps inform us of any other di s-cussions he has had with other members under the Overseas Territories Office and Foreign Office other than Mr. Duddridge at this point?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Well, Minister Duddridge is the main contact point at the highest level that we talked to. So I think that is the most important conversation. But obviously, through our London Office, we have had what I would call reasonable discussions with everyone within the Foreign …
Premier.
Hon. Michael H. Dunkley: Well, Minister Duddridge is the main contact point at the highest level that we talked to. So I think that is the most important conversation. But obviously, through our London Office, we have had what I would call reasonable discussions with everyone within the Foreign and Commonwealth Office, and that will continue, from Peter Hayes through to Jo Burden. And now David Townsend takes over. And David, Mr. Townsend, is responsible for EU matters. So I think we ha ve had a reasonable level of engagement up to this point. But I have to say again, Mr. Speaker, that there is still somewhat of a state of uncertainty about who the team will be, going forward, because just yesterday there was a change in the representati ves within Cabinet. The Minister Oliver Letwin was r emoved and David Davis was put into that place. So there have been some changes. And as soon as the temperature goes down and people are settled, then we will be able to access the people who can help us move forward. And I imagine next week in TCI, the table will be set and we will be able to go from there. But it is our intention to stay engaged, and I look forward, as soon as people are in place, to reach out to them and, if we need to make an official visit, to have face- toface discussions as soon as possible.
Mr. Walter H. RobanCan the Honourable Premier inform us if our Bermuda Office in London has had any discussions with anyone in Brussels or Strasberg at this point in relation to these developments?
Mr. Walter H. RobanAnd also, who? Hon. Michael H. Dunkley: The Bermuda Office has been in constant contact with the EU people in Brussels. I would have to get back on the specific people they meet. There have been a number of meetings over the past couple of weeks. It is regular for …
And also, who? Hon. Michael H. Dunkley: The Bermuda Office has been in constant contact with the EU people in Brussels. I would have to get back on the specific people they meet. There have been a number of meetings over the past couple of weeks. It is regular for them to do such, and they have stepped it up since the change with Brexit. But they have been very engaged. Ms. Kimberley Durrant, who runs that [London] office, 2562 15 July 2016 Official Hansard Report
Bermuda House of Assembly is very capable and does a great job. So I am conf ident in the work that she has done.
The SpeakerThe SpeakerAll right. Thank you, Premier. Yes, MP Rolfe Commissiong, from constit uency 21, you have the floor.
The SpeakerThe SpeakerThis is a supplementary, I assume. SUPPLEMENTARY
Mr. Rolfe CommissiongYes. Premier, in light of the rise of xenophobia and racism that occurred in the aftermath of the Brexit vote, have there been any discussions with our office in the UK, [our London] Office, as to how they may be able to assist Bermudians, significant numbers who now live over …
Yes. Premier, in light of the rise of xenophobia and racism that occurred in the aftermath of the Brexit vote, have there been any discussions with our office in the UK, [our London] Office, as to how they may be able to assist Bermudians, significant numbers who now live over there, in the event that they may have been subjected to those types of incidents while living and/or traveling in the UK?
The SpeakerThe SpeakerThank you. Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The Honourable Member is aware that the London Office fulfils many obligations for us. And one of those is helping Berm udians over there. I was on the phone this morning with Ms. Durrant at about nine o’clock Bermuda …
Thank you. Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The Honourable Member is aware that the London Office fulfils many obligations for us. And one of those is helping Berm udians over there. I was on the phone this morning with Ms. Durrant at about nine o’clock Bermuda time. And there have been no concerns raised within the London Office from any Ber-mudians over there. And I am sure if that was the case, they would be passed on to me.
The SpeakerThe SpeakerThank you very much. Yes, MP Roban, third question? QUESTION 3 : EU REFERENDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walter H. RobanYes. Thank you, Mr. Speaker, my third question. And, I would just like to make a brief co mment, if I may, certainly this side supports all the efforts by the Bermuda Government to properly repr esent our interests overseas, particularly in light of these conditions. So the Premier can …
Yes. Thank you, Mr. Speaker, my third question. And, I would just like to make a brief co mment, if I may, certainly this side supports all the efforts by the Bermuda Government to properly repr esent our interests overseas, particularly in light of these conditions. So the Premier can be assured that we will support a Bermuda first approach to a ny di scussions that happen.
The SpeakerThe SpeakerGet on to your question, Honourable Member.
Mr. Walter H. RobanBut my question —I just want to make that clear, Mr. Speaker, in light of the questions that are being fielded. [Inaudible interjections ]
Mr. Walter H. RobanIn the Premier’s Statement, there is at the bottom of page 2, Mr. Speaker, there is . . .
Mr. Walter H. RobanAnd if I can just read. “ We will of course be keenly interested in the impact on any existing Treaties in which Bermuda has an interest, particularly those covered by the Overseas Associ ation Decision, and also on the impact of the free ac-cess across Europe by most Bermudians …
And if I can just read. “ We will of course be keenly interested in the impact on any existing Treaties in which Bermuda has an interest, particularly those covered by the Overseas Associ ation Decision, and also on the impact of the free ac-cess across Europe by most Bermudians under the Schengen Agreement. ” Are there any other issues within the Overseas Association Decision Bermuda should be concerned about or that the Premier knows that they are discussing on our behalf, other than the Schengen Agreement?
The SpeakerThe SpeakerMr. Premier. Hon. Michael H. Dunkley: Well, the Honourable Member just covered a broad ground there. There is a lot in there with the free access of travel and also the treaties. So obviously, we have been in communic ation with international business over the past couple of weeks, since …
Mr. Premier. Hon. Michael H. Dunkley: Well, the Honourable Member just covered a broad ground there. There is a lot in there with the free access of travel and also the treaties. So obviously, we have been in communic ation with international business over the past couple of weeks, since the June 23 rd referendum, to get a feel for the concerns that they might have, and we will continue to work in that area. So the Attorney General and the Minister of Finance are currently working through any treaties and agreements we have, to compile a list to look at any potential challenges we might have in there, and we will keep working on that as the dust settles and we know who we will be dea ling with specifically on the UK side.
The SpeakerThe SpeakerThank you, Premier. MP Roban? All right. Thank you. That completes the first Statement by the Premier. There are no questions to Dr. Gibbons. We now go to the third Statement, by the A ttorney General, T. G. Moniz. The Chair will recognise the Learned Member, from constituency 36. MP …
Thank you, Premier. MP Roban? All right. Thank you. That completes the first Statement by the Premier. There are no questions to Dr. Gibbons. We now go to the third Statement, by the A ttorney General, T. G. Moniz. The Chair will recognise the Learned Member, from constituency 36. MP M ichael Scott, you have the floor.
QUESTION 1: BRIBERY ACT 2016
Hon. M ichael J. Scott: Thanks, Mr. Speaker. To the Honourable and Learned Attorney General, the consultation period of next month, liter-ally 30 days away, is noted in the Statement. Does the Learned Attorney agree that this period is insufficient, given the num ber of stakeholders that have to be conBermuda House of Assembly sulted in connection with this initiative of the Bribery Act, which is obviously welcomed in the country?
The SpeakerThe SpeakerThank you. Minister, Attorney General. Hon. Trevor G. Moniz: Thank you. Thank you, Mini ster. Well, as I said in my Statement, you know, I put it out on the 20 th of May 2016 that we would be adopting substantially the Bribery Act of the UK. So the business …
Thank you. Minister, Attorney General. Hon. Trevor G. Moniz: Thank you. Thank you, Mini ster. Well, as I said in my Statement, you know, I put it out on the 20 th of May 2016 that we would be adopting substantially the Bribery Act of the UK. So the business community did not get notice of it today; they got notice of it on the 20th of May, so they ha ve had plenty of notice. A lot of the international bus inesses operate in London. So they have to comply with the UK Bribery Act in any case. So their compl iance officers are completely familiar with the prov isions of the UK Bribery Act. So it is not like I am blin dsiding them; this is what they are doing in any case. So I think they are very well informed. And that period of time will be more than sufficient.
The SpeakerThe SpeakerYes. MP Scott. Hon. Michael J. Scott: Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. A supplementary, is it? Hon. Michael J. Scott: Supplementary, yes, to this point.
The SpeakerThe SpeakerYes, right. SUPPLEMENTARY Hon. Michael J. Scott: Whilst noting the reference to the business community, may I ask the Learned A ttorney whether he agrees and co ncurs that the Bermuda Bar Association, the Cabinet Secretary of this country, quangos, and the Chief Justice, if we look at the section …
Yes, right.
SUPPLEMENTARY
Hon. Michael J. Scott: Whilst noting the reference to the business community, may I ask the Learned A ttorney whether he agrees and co ncurs that the Bermuda Bar Association, the Cabinet Secretary of this country, quangos, and the Chief Justice, if we look at the section under Expectation test , are also key stakeholders. And receiving adequate and relevant feedback, I again put the questi on, is one month ad equate?
The SpeakerThe SpeakerAttorney General. Hon. Trevor G. Moniz: Mr. Speaker, my answer is yes.
The SpeakerThe SpeakerThank you. MP Scott. Hon. Michael J. Scott: Second question.
The SpeakerThe SpeakerSecond question, okay. QUESTION 2: BRIBERY ACT 2016 Hon. Michael J. Scott: Mr. Speaker, to the Learned Attorney General, what consultation does the Learned Attorney contemplate having with the Bermuda Bar Association in the light of the inclusion of section 15, which represents a departure from the limitation period for …
Second question, okay.
QUESTION 2: BRIBERY ACT 2016 Hon. Michael J. Scott: Mr. Speaker, to the Learned Attorney General, what consultation does the Learned Attorney contemplate having with the Bermuda Bar Association in the light of the inclusion of section 15, which represents a departure from the limitation period for criminal prosecutions of 18 months to this extended period of 36 months, or three years? What does the Attorney General contemplate as the level of consultation and the quality of consultation with the Bermuda Bar Association on this partic ular extension of retroactive prosecutions?
The SpeakerThe SpeakerAttorney General. Hon. Trevor G. Moniz: Mr. Speaker, they are not retroactive prosecutions. It is just a limitation period. As I said, it is not an abnormal period. The Bribery Act in the UK has be en in effect, I think, for six years now. Any of our students who …
Attorney General.
Hon. Trevor G. Moniz: Mr. Speaker, they are not retroactive prosecutions. It is just a limitation period. As I said, it is not an abnormal period. The Bribery Act in the UK has be en in effect, I think, for six years now. Any of our students who trained in the UK, these are the provisions they will be familiar with. So I would be surprised in the extreme if the Bar Association or an yone else had serious objections to what is in this Bill, which is adopted from the UK, which is the interna-tional gold standard.
The SpeakerThe SpeakerYes. Thank you, Attorney General. MP Scott. Hon. Michael J. Scott: The gold standard notwit hstanding—
The SpeakerThe SpeakerIs this a supplementary? Hon. Michael J. Scot t: This is a follow -up, suppl ementary.
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Michael J. Scott: Gold standard notwithstanding, the Learned Attorney passed a reform Bill in this House, the Criminal Jurisdiction and Procedure Act, hardwiring into our legisl ation 18- month periods that we have all been meant to get accustomed to. Why is there a departure of three …
Yes.
SUPPLEMENTARY
Hon. Michael J. Scott: Gold standard notwithstanding, the Learned Attorney passed a reform Bill in this House, the Criminal Jurisdiction and Procedure Act, hardwiring into our legisl ation 18- month periods that we have all been meant to get accustomed to. Why is there a departure of three years? And surely, just cutting-and-pasting the UK legislation cannot be the answer.
The SpeakerThe SpeakerAttorney General. Hon. Trevor G. Moniz: Mr. Speak er, I think the Ho nourable Member is getting far too much down in the weeds. He is getting into the Act. He is going beyond the Statement that I made. So obviously, it is som ething —
The SpeakerThe SpeakerIt is a good enough question, Honourable Minister. 2564 15 July 2016 Official Hansard Report Bermuda House of Assembly Hon. Tr evor G. Moniz: Yes. We felt there were good reasons for doing it.
The SpeakerThe SpeakerAll right. Thank you. Hon. Michael J. Scott: Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. We now go to the Statement by Minister Gordon- Pamplin with reference to the Reg istry Ge neral’s report. And I will call on the Honourable Member from constituency 17, MP Walton Brown. QUESTION 1: REGISTRY GENERAL ANNUAL R EPORT YEAR ENDED 31ST DECEMBER 2015
Mr. Walton BrownMr. Speaker, the Report of the Registry General shows that in the past three years, there is a record of 72 deaths recorded between the ages of 20 and 49. Most of these deaths were not as a result of (shall we say) an act of violence. And my suspicion …
Mr. Speaker, the Report of the Registry General shows that in the past three years, there is a record of 72 deaths recorded between the ages of 20 and 49. Most of these deaths were not as a result of (shall we say) an act of violence. And my suspicion is that, because we do not properly report the data, that we ar e actually concealing data related to suicide. And I am just wondering whether or not the Minister can give an undertaking that, going forward, we will properly record the nature of the deaths that are recognised and reported in this report.
The SpeakerThe SpeakerAll right. Minister. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker, and thank you for the question, Honourable Member. I do not see any reason, on the face of it, why we could not do that. But certainly, I will have conversations with the Registrar just to ensure that …
All right. Minister.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker, and thank you for the question, Honourable Member. I do not see any reason, on the face of it, why we could not do that. But certainly, I will have conversations with the Registrar just to ensure that I am not over-speaking the abilities that they might have to be able to provide that information or capture that information.
The SpeakerThe SpeakerThank you, Minister. MP Brown, is this a supplementary?
The SpeakerThe SpeakerYes, that is right. Not a speech, though. SUPPLEMENTARY
Mr. Walton BrownSo, Mr. Speaker, is the Minister aware that for d ecades now, there has been almost a conspiracy not to actually report suicides in Bermuda? It is complicit among all the relevant agencies. And is the Minister not concerned that we may actually have a growing epidemic that has not …
So, Mr. Speaker, is the Minister aware that for d ecades now, there has been almost a conspiracy not to actually report suicides in Bermuda? It is complicit among all the relevant agencies. And is the Minister not concerned that we may actually have a growing epidemic that has not been identified?
The Sp eaker: Minister.
Hon. Patricia J. Gordon -Pamplin: Yes. Thank you, Mr. Speaker. It would appear to me, Honourable Member that we would have to have an inquest. And the i nquest would have to come to that decision in terms of whether it was a suicide or not . But I would also b elieve that there may be privacy issues, as well, which is one of the reasons I said I will have to engage with the Registrar to see whether it is possible to capture that kind of information.
The SpeakerThe SpeakerThank you, Minister. MP Brow n, is that it? There are no questions on Minister GordonPamplin’s second Statement. But on the Statement with reference to N ational Certification, the Chair will recognise the Ho nourable Member from constituency 13, MP Diallo R abain. QUESTION 1: NATION AL CERTIFICATION FOR DESIGNATED …
Mr. Diallo V. S. RabainThank you, Mr. Speaker. And I also want to take this time to thank the Minister for the Statement, which actually has revealed quite a bit of information that we have been seeking, I hav e been seeking, over the last few weeks. Mr. Speaker, m y question to the …
Thank you, Mr. Speaker. And I also want to take this time to thank the Minister for the Statement, which actually has revealed quite a bit of information that we have been seeking, I hav e been seeking, over the last few weeks. Mr. Speaker, m y question to the Minister is, judging from the Statement, would the Minister agree that one of the main reasons certification has not been followed up is just from lack of manpower provided by the One Bermuda Alliance to Workforce Development?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: As one of the reasons, I would have to say yes. And we stand very concerned about it, and we have now put measures in place to be able to ameliorate that situation.
The SpeakerThe SpeakerYes. Bermuda House of Assembly
Mr. Diallo V. S. RabainMr. Speaker, question to the Minister: It has now been exactly two years since landscape gardeners were added as a N ational Cert ification [category], with September of last year being the deadline for them to be certified. I see in the Statement that —
The SpeakerThe SpeakerThis is a second question, Honourable Member, not a supplementary then. You are moving to a second question.
Mr. Diallo V. S. RabainIt is a supplementary because it talks about the process. I spoke on the process of the certification and why it was not, in the first question.
The SpeakerThe SpeakerYes. Your question was about whether they had enough resources.
The SpeakerThe SpeakerJust ask the second question. QUESTION 2 : NATIONAL CERTIFICATION FOR DESIGNATED OCCUPATIONS
Mr. Diallo V. S. RabainOkay. I will ask the second question. Continuing on, seeing in the Statement that there is a commitment to have all those who possess work permits complete the National Certification proc-ess by September 2016, what happens if someone does not manage to pass the certification and they are here on …
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: That is not an a nswer that I can give off the top of my head. I will certainly have to do a little bit more research. I think work permits are predicated on specific conditions and time frames. And I am not sure …
Minister.
Hon. Patricia J. Gordon -Pamplin: That is not an a nswer that I can give off the top of my head. I will certainly have to do a little bit more research. I think work permits are predicated on specific conditions and time frames. And I am not sure where the sli p may have occurred between the cup and the lip concerning somebody’s being able to get a work permit if they are not certified. And I would certainly have to investigate that. That would give me great cause for concern. And I would like to be able to investigate and give a thorough answer to the Honourable Member.
The SpeakerThe SpeakerThank you, Minister. Yes, MP Roban, you have a supplementary?
Mr. Walter H. RobanWould the Minister not agree that the likely assumption by anyone generally would be that, if someone were to come here on a work permit and could not pass certification, that they should be asked to leave?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: I think it wou ld have to go on a case- by-case basis. I think natural justice would suggest that if somebody has been given a work permit . . . obviously, these are criteria that are looked at going forward, and certainly I …
Minister.
Hon. Patricia J. Gordon -Pamplin: I think it wou ld have to go on a case- by-case basis. I think natural justice would suggest that if somebody has been given a work permit . . . obviously, these are criteria that are looked at going forward, and certainly I look very carefully at applications that might come through to ensure that we do not have this situation. But if there is somebody who is already here, I do not know that natural justice would permit us to just say, Get up and go. But we would certainly look at it on a case- bycase basis.
The SpeakerThe SpeakerThank you, Minister. MP Roban, you have a second supplementary?
Mr. Walter H. RobanYes. In light of the Minister’s answer, would the Minister not agree that this process of certification should become a benchmark for the quality of persons not only that we have amongst our Bermudian technical persons, but also a [benchmark for] quality that we are looking for and expect from …
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: I would agree with that sta tement. We obviously have not adopted a dr aconian approach historically. But I think, going forward, we are looking very carefully at the qualific ations to ensure that the criteria that is required by the certification is being …
Minister. Hon. Patricia J. Gordon -Pamplin: I would agree with that sta tement. We obviously have not adopted a dr aconian approach historically. But I think, going forward, we are looking very carefully at the qualific ations to ensure that the criteria that is required by the certification is being adhered to, before we sort of put our signature on any new work permit applications.
The SpeakerThe SpeakerThank you. Thank you, Minister. MP Roban, are you done? Okay. The Chair will now recognise the Honourable Member from constituency 15, MP Roban.
The SpeakerThe SpeakerYes. QUESTION 1: NATIONAL CERTIFICATION FOR DESIGNATED OCCUPATIONS
Mr. Walter H. RobanCan the Minister let us know, how come there was no mention of the National Trai ning Plan in this particular Statement, as i n the past it has been stated by the Government as playing a cr u2566 15 July 2016 Official Hansard Report Bermuda House of Assembly cial …
Can the Minister let us know, how come there was no mention of the National Trai ning Plan in this particular Statement, as i n the past it has been stated by the Government as playing a cr u2566 15 July 2016 Official Hansard Report
Bermuda House of Assembly cial role in developing future occupations, the quality of future occupations and also the workforce in many of these areas that these occupational standards actually are dealing with?
The Sp eaker: Minister.
Hon. Patricia J. Gordon -Pamplin: Yes. Thank you for that question, Honourable Member. Mr. Speaker, the purpose which precluded me from including the National Training Plan is that it is in its final stages of scrutiny. It is ready, prett y much, to be brought to this Honourable House. And I want that to be able to be the subject of a separate Statement and a separate focus. I think that that is important for us to do and not to sort of get it buried in the weeds. So the Honourable Members can just kind of hold onto their hats, and they will have not just the tabling of the phase 2 of the National Training Plan, but also all of the attendant information that would go along with that.
The SpeakerThe SpeakerThank you, Minister. Yes, you have a supplementary, Honourable Member? SUPPLEMENTARY
Mr. Diallo V. S. RabainSupplementary, Mr. Speaker. Would the Minister now agree that, since t oday is the last sitting until September, that we will now be well into two- plus years waiting for this National Plan. And when we come back in September . . . the question is, why is it taking …
The SpeakerThe SpeakerThat is a new question, Honourable Member.
Mr. Diallo V. S. RabainWell, it falls under the same. We are talking about the National Training Plan. And the Minister has stated that she does not want to di scuss it until it is tabled here.
The SpeakerThe SpeakerYes. So, Why is it taking so long?
The SpeakerThe SpeakerMinister. Hon. Patrici a J. Gordon -Pamplin: Well, let me just respond, Mr. Speaker, by saying that stage 1 of the National Training Plan has certainly been in the public domain for an awfully long time. This is stage 2. This is the second part of the plan. And I …
Minister. Hon. Patrici a J. Gordon -Pamplin: Well, let me just respond, Mr. Speaker, by saying that stage 1 of the National Training Plan has certainly been in the public domain for an awfully long time. This is stage 2. This is the second part of the plan. And I think that Ho nourable Members will have an appreciation—if they do not, I just remind Honourable Members that I have been a part of this Ministry for perhaps just the past six or seven weeks, during which time I have worked assiduously to attempt to pull in all of those t hings that have had loose ends. And I think that Honourable Members will know that, while the document is a living, breathing document, it will have changes as time goes on, I certainly would not want to come to this Honourable House with something that w as only half -baked. So as soon as we have the opportunity . . . and we can certainly discuss it at any given point in time. Members can call me to find out what is happening, and we can do public statements and public education information sessions so that the public is aware of where we stand on that. And I am certainly more than willing to do so.
Mr. Walter H. RobanCan the Minister give us an indication, based on what she has said so far . . . are there clear plans to expand the certification for desi gnated occupations? There is no mention in your Statement as to expansion into other areas of trade or technical occupations in this …
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: Yes. The training plan is actually covering all segments of the workfor ce and all of the attendant disciplines within it. So it is not just going to be geared towards landscapers, autom otive, mechanics, and the like. It will cover the breadth of …
The SpeakerThe SpeakerThank you, Minister. Yes, MP Roban. Bermuda House of Assembly
Mr. Walter H. RobanI actually was not referring to the National Training Plan. But that is okay. I can talk to you offline about what I am interested in finding out. It is okay.
The SpeakerThe SpeakerAll right. Thank you. MP, your second question? QUESTION 2 : NATIONAL CERTIFICATION FOR DESIGNATED OCCUPATIONS
Mr. Walter H. RobanMy next question, yes. Does the Minister not see it as I would describe it, as slightly appalling, that at the end of her Statement . . . and I am not attributing this feeling to the M inister. I am attributing that she had to make this request to …
My next question, yes. Does the Minister not see it as I would describe it, as slightly appalling, that at the end of her Statement . . . and I am not attributing this feeling to the M inister. I am attributing that she had to make this request to local companies to provide apprenticeships and summer work for Bermudians at this juncture. You know, why does the Minister feel that she had to do that if they were being responsive to the nee ds of the public in reference to creating jobs, creating opportunities?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I will never lose an opportunity to remind corporations that we do have a workforce. I think that sometimes, when businesses do their bus iness plans, they have specific numbers of positions and maybe they might not think …
Minister.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I will never lose an opportunity to remind corporations that we do have a workforce. I think that sometimes, when businesses do their bus iness plans, they have specific numbers of positions and maybe they might not think about it. I will never lose an opportunity to remind companies of their corporate responsibilities. So is it appalling? No, I would not necessarily say it was “appalling.” Unfortunate? Maybe that is a better word.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY
Mr. Walter H. RobanWould the Minister not agree that the fact that the Honourable Minister had to make that request does suggest that businesses are not responding to the needs as outlined in creating a pprenticeships and jobs?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: No, I would no t agree. You will know that I had a Ministerial Statement just the early part of —I guess it was Wednesday. We spoke about the new initiative that has come about for our high school students, other companies that have …
Minister.
Hon. Patricia J. Gordon -Pamplin: No, I would no t agree. You will know that I had a Ministerial Statement just the early part of —I guess it was Wednesday. We spoke about the new initiative that has come about for our high school students, other companies that have come on board to offer positions to our college st udents and the like. So I just think that we would like to see more. And obviously, the more, the merrier. So, as I said, I will never miss the opportunity to remind people that we could always use more positions and more exposure and work oppor tunities for our young people, both through high school, as well as our college.
The SpeakerThe SpeakerThank you, Minister. Yes, MP Roban. Third question?
The SpeakerThe SpeakerYes. QUESTION 3 : NATIONAL CERTIFICATIO N FOR DESIGNATED OCCUPATIONS
Mr. Walter H. RobanCan the Minister indicate whether there has been a positive response, certainly over this last year and even over 2015 and 2016, from her knowledge, to the Government’s effort to allow payroll tax relief f or new hires, as well as the fact that businesses actually do already get apprenticeships …
Can the Minister indicate whether there has been a positive response, certainly over this last year and even over 2015 and 2016, from her knowledge, to the Government’s effort to allow payroll tax relief f or new hires, as well as the fact that businesses actually do already get apprenticeships — persons whom they employ in apprenticeships — actually payroll tax free?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: I do not have the statistical support to determine the impact of the pa yroll tax holiday for that category. I can certainly attempt to get that information and provide it for the Honourable Member. I do not have it.
Mr. Walter H. RobanI accept that this question may be more in the remit of the Minister of Finance. But it does relate to workforce. And perhaps the Honourable Minister, Mr. Speaker, could work with the Minister of Finance to bring that data here—
The SpeakerThe SpeakerYes. Okay. Great. Thank you, Honourable Members. So we now move to the Statement on Wor kforce Development. And the Chair will recognise the Honourable Member from constituency 13, MP R abain. 2568 15 July 2016 Official Hansard Report Bermuda House of Assembly QUESTION 1: DEPARTMENT OF WORKFORCE DEVELOPMENT 2016 …
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Once again, I want to commend the Minister and the department for the contents of this Statement. On page 5, Mr. Speaker, it states, “The scholarship awards are granted on the basis that the edu-cational programs do not exceed 4 years.” My question to the Minister …
Thank you, Mr. Speaker. Once again, I want to commend the Minister and the department for the contents of this Statement. On page 5, Mr. Speaker, it states, “The scholarship awards are granted on the basis that the edu-cational programs do not exceed 4 years.” My question to the Minister is, How many students directly out of high school are beneficiaries of the scholarship awards, for the last two years —2015/16 were the years that are mentioned in the Statement?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: That is a statistic I will have to find out the information for because my brief does not give me that information. I do have the expected graduation dates of all of the awardees. But I do not know how many of them are …
The SpeakerThe SpeakerYes. Just build it into a supplementary. SUPPLEMENTARY
Mr. Diallo V. S. RabainThe supplementary to that is. . . most scholarships are not afforded to anyone who has not completed the first year of school. And typically, once you have completed your first year of school, it is only three years that are allowed. And since we have education . . . …
The supplementary to that is. . . most scholarships are not afforded to anyone who has not completed the first year of school. And typically, once you have completed your first year of school, it is only three years that are allowed. And since we have education . . . since we are allowing for up to four years, I would think and I would hope that this scholarship does look out for high school st udents. And that was the reason I asked how many high school students . . .
The SpeakerThe SpeakerSo your question was whether it looks out for —
Mr. Diallo V. S. RabainWhether it does look out specifically for high school students, this particular programme.
The SpeakerThe SpeakerOkay. Minister. Hon. Patricia J. Gordon -Pamplin: I think the question that he is asking is whether these scholarships cover the first year of college. And the answer is yes, it does. And we certainly have considered that. But he was asking initially the number, and I do not know …
The SpeakerThe SpeakerRight, right. Okay. Thank you. Yes, MP Rabain, your second question?
The SpeakerThe SpeakerYes. QUESTION 2: DEPARTMENT OF WORKFORCE DEVELOPMENT 2016 SCHOLARSHIP AWARDS
Mr. Diallo V. S. RabainWould the Minister be able to answer if the policy that encourages attendance to the Bermuda College, if the programme the student se eks is being offered by the Bermuda College first, rather than giving money for them to go overseas to seek such programmes? Does that still exist?
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, according to the Statement that I made this morning, it said that the DWD [Department of Workforce Deve lopment] provides tuition support to individuals attending the Bermuda College and that last year 73 st udents received funding for their tuition costs. So …
The SpeakerThe SpeakerAll right. Thank you. All right? Great. We now move to the eighth Statement, about the Bermuda Hospitals Board, by Ms. Atherden. The Chair will recognise the Honourable Member from constituency 4.
Mrs. Suzann Roberts -HolshouserAnd on the report that we received today, for which I thank the Minister very much, even though it is from 2012. Bermuda House of Assembly But the first question I have pertains to, since there are no performance payments which have been made since 2010/11, can the Mi nister …
And on the report that we received today, for which I thank the Minister very much, even though it is from 2012.
Bermuda House of Assembly But the first question I have pertains to, since there are no performance payments which have been made since 2010/11, can the Mi nister please advise what the impetus of that is? What are the effects of not having to have the additional payments paid out? What are the benefits? Thank you.
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. The benefits have be en that the Hospitals Board has been able to reduce their expenditure quite significantly. And as I indicated in my Statement, they have been able to reduce their expenditures by 15 per cent, 10 per cent, and …
Minister.
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. The benefits have be en that the Hospitals Board has been able to reduce their expenditure quite significantly. And as I indicated in my Statement, they have been able to reduce their expenditures by 15 per cent, 10 per cent, and 5 per cent in the last three years. And that is by turning around and dealing with freezing positions, as well as not having to pay performance payments.
The SpeakerThe SpeakerThank you, Minister. Yes, MP Roberts -Holshouser.
The SpeakerThe SpeakerSupplem entary, yes. SUPPLEMENTARY
Mrs. Suzann Roberts -HolshouserThank you. The supplementary question would be, Is there anything in specific or any particular area that has benefited by having these funds perhaps go into another specific area? And what area might that be?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: I think, Mr. Speaker, as has been indicated in the Annual Report, this has e nabled the hospital to still go ahead and put some very necessary services. As they have indicated, the nephrologi sts and oncologists were some of the areas that they were …
Minister.
Hon. Jeanne J. Atherden: I think, Mr. Speaker, as has been indicated in the Annual Report, this has e nabled the hospital to still go ahead and put some very necessary services. As they have indicated, the nephrologi sts and oncologists were some of the areas that they were able to turn and re- allocate the costs because they were the areas that we needed for treatment.
Mrs. Suzann Roberts -HolshouserAnd it pertains to salaries. I notice that there is a large— Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I have a supplementary. [Inaudible interjections ]
The SpeakerThe SpeakerHonourable Member. Hon. Derrick V. Burgess, Sr.: Thank you. A suppl ementary.
The SpeakerThe SpeakerI did not see you. You have got to stand up and make yourself known, Honourable Member. Hon. Derrick V. Burgess, Sr.: That is all right, Mr. Speaker. There is Cup Match.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. SUPPLEMENTARY Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. To the Minister: Minister, with the 10 per cent increase that the Government has levied on seniors in hospital care, with the savi ngs you have …
The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess.
SUPPLEMENTARY Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. To the Minister: Minister, with the 10 per cent increase that the Government has levied on seniors in hospital care, with the savi ngs you have in the report, will you now take that increase that you gave to se niors, will you give it back to them so now they can have a decrease in their hospital costs?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, I would like the Honourable Member to clarify that because we have had no increase in the seniors’ premiums. The premiums have remained the same. I am not sure what he is talking about.
The SpeakerThe SpeakerOkay. If you can maybe rephrase your question. Supplementary? Yes. Hon. Der rick V. Burgess, Sr.: It is not clear? Fine. Yes. Mr. Speaker, Minister, once, about two years ago, I think it was last year, seniors, those over 65, when they went into the hospital, they were covered 75 …
Okay. If you can maybe rephrase your question. Supplementary? Yes.
Hon. Der rick V. Burgess, Sr.: It is not clear? Fine. Yes. Mr. Speaker, Minister, once, about two years ago, I think it was last year, seniors, those over 65, when they went into the hospital, they were covered 75 per cent. Those over 75 were covered 85 per cent. What the Government did, those over 65 now are only covered 65 per cent; and those over 85 are covered only 75 per cent. Now, what I am asking, would that be adjusted so that the seniors can have that savings that they once enjoyed?
The SpeakerThe SpeakerMinister . Hon. Jeanne J. Atherden: Mr. Speaker, unfort unately, the question that the Member asked does not actually address the hospital in the sense that the subsidy relates to the claims that the Government pays with respect to seniors. And yes, there was a 2570 15 July 2016 Official …
Minister . Hon. Jeanne J. Atherden: Mr. Speaker, unfort unately, the question that the Member asked does not actually address the hospital in the sense that the subsidy relates to the claims that the Government pays with respect to seniors. And yes, there was a 2570 15 July 2016 Official Hansard Report
Bermuda House of Assembly reduction in the coverage, even though the service was still there. But what ended up happening is that all the money that the Government had to use for subsidy then had to be spread out over the increased utilisation by all the more seniors who were actually using the system even further. And so, unfortunately, it did not result in a r educed payment. It just resulted in more people getting a little less. But more people got it. And all I can say to the Member is that we continue to look at how we can help t he seniors, which is why the premiums did not go up this year. But we are still looking at it.
The SpeakerThe SpeakerThank you, thank you, Minister. Right. MP Roberts -Holshouser. QUESTION 2: BERMUDA HOSPITALS BOARD ANNUAL REPORT 2012
Mrs. Suzann Roberts -Holshou serThank you very much, Mr. Speaker. The next question I have is on the increase in salaries. Salaries went from $171,453,234 in 2011 up to $187,871,317 in 2012, the next year. Can the Mi nister please explain what the reason was for that large increase in salaries?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, there is a combination. Obviously, some of it relates to the performance payments, because there was a delay, there was a delay in the payments in terms of the perfor mance payments for 2011. The performance eligibility did not result in payments until …
Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, there is a combination. Obviously, some of it relates to the performance payments, because there was a delay, there was a delay in the payments in terms of the perfor mance payments for 2011. The performance eligibility did not result in payments until 2012. So, while the new board has gone through and there are no longer performance payments, those had to be paid during 2011 and 2012.
Mrs. Suzann Roberts -Holshous erThank you. Supplementary.
Mrs. Suzann Roberts -HolshouserDoes that mean the only difference in that salary increase represents the performance payments? Does it represent —
The SpeakerThe SpeakerMinister. Minister, supplementary. Supplementary on the second question. [Crosstalk ] Hon. Jeanne J. Atherden: No, M adam Deputy Speaker. When you start to compare 171 to . . . The whole expenses . . . The more significant ones relate, obviously, to the medical staff, which is where you have …
Minister. Minister, supplementary. Supplementary on the second question.
[Crosstalk ]
Hon. Jeanne J. Atherden: No, M adam Deputy Speaker. When you start to compare 171 to . . . The whole expenses . . . The more significant ones relate, obviously, to the medical staff, which is where you have all of your hospitalists and other individuals. And there were more numbers and more individuals in that category.
The SpeakerThe SpeakerAll right. Thank you very much. So that concludes the questions on the Bermuda Hospitals Board. We move now to the Health Council. And MP Roberts -Holshouser, you had a question on that?
Mr. Speaker.
The SpeakerAll right. And there were no questions on the Ed Block Classic. And we do have a question on the Emancipation Celebration. The Chair will recognise the Honourable Member from constituency 17. MP Walton Brown, you have the floor. QUESTION 1: EMANCIPATION COMMEMORATION CEREMONY 2016
Mr. Walton BrownThank you, Mr. Speaker. Mr. Speaker, is the Honourable Minister not at all concerned that, with the scheduled events set for what the Government calls the Emancipation Celebr ation, we are actively ignoring the experience of slavery and missing an opportunity to properly and fully educate the population about the …
Thank you, Mr. Speaker. Mr. Speaker, is the Honourable Minister not at all concerned that, with the scheduled events set for what the Government calls the Emancipation Celebr ation, we are actively ignoring the experience of slavery and missing an opportunity to properly and fully educate the population about the slave experience and the quest for and achievement of the emancipation?
The SpeakerThe SpeakerMinister. Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. No, I am not concerned. The brief clearly states that the focus was made a few years ago to switch the emphasis from the days of slavery to post - Emancipation and the achievements of freed slaves in Bermuda post …
Minister.
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. No, I am not concerned. The brief clearly states that the focus was made a few years ago to switch the emphasis from the days of slavery to post - Emancipation and the achievements of freed slaves in Bermuda post -Emancipation. So, no, I do not have any concerns about that.
The SpeakerThe SpeakerYes, MP Brown. Supplementary? SUPPLEMENTARY Bermuda House of Assembly Mr. Walton Brown: Yes. Is the Honourable Minister not aware that the standard that is adopted by almost every other country is that, when you celebrate or acknowledge signif icant events that have either divided a nation or caused pain or …
Yes, MP Brown. Supplementary?
SUPPLEMENTARY
Bermuda House of Assembly Mr. Walton Brown: Yes. Is the Honourable Minister not aware that the standard that is adopted by almost every other country is that, when you celebrate or acknowledge signif icant events that have either divided a nation or caused pain or suffering for a nation, you look at it as a solemn occasion where you try to pass on inform ation to future generations? Is the Minister not co ncerned that we are now disconnecting our young peo-ple from that knowledge through these events?
The SpeakerThe SpeakerMinister. Hon. Sylvan D. Richards, Jr.: No, Mr. Speaker, I am not concerned. I believe that I have attended these events in the past, over the last two years. And I have found them extremely educational and informative. I have learned things about Bermudians post -slavery that I did not …
Minister.
Hon. Sylvan D. Richards, Jr.: No, Mr. Speaker, I am not concerned. I believe that I have attended these events in the past, over the last two years. And I have found them extremely educational and informative. I have learned things about Bermudians post -slavery that I did not know. And I believe that Bermudians who attend these events this year will be equally i nformed and educated.
The SpeakerThe SpeakerThank you, Minister. MP Brown. Finished? All right. The Chair will recognise . . .
The SpeakerThe SpeakerAll right. Right. Honourable Members, that brings to a concl usion the period of questions. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould any Member care to speak? The Chair will recognise the Honourable Member from constituency 30. The Learned Member, MP Leah Scott, you have the floor.
Ms. Leah K. ScottAnd thank you. Mr. Speaker, this morning I rise to give congratulations to the Bermuda Debate Team. And in particular, I would like to give congratulations to Megan Sutcliffe, Asha Symons, Bathsheba Jones, and Nam-rata Bisht, who will be attending the World Debate Championships in Stuttgart, Germany, in July, the …
And thank you. Mr. Speaker, this morning I rise to give congratulations to the Bermuda Debate Team. And in particular, I would like to give congratulations to Megan Sutcliffe, Asha Symons, Bathsheba Jones, and Nam-rata Bisht, who will be attending the World Debate Championships in Stuttgart, Germany, in July, the end of this month, I think. They are from Warwick Academy, BHS, and CedarBridge. And they are led by their coach, Ms. Akilah Beckles. They will be among 65 teams who are competing, and Bermuda actually ranks 28 th in the world. So I wish them luck. And the most important thing, Mr. Speaker, is that this is a team of all women. And it just continues to prove that women rule and girls rock.
[Laughter]
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Pr emier. Hon. Michael H. Dunkley: Thank you, Mr. Spe aker. Mr. Speaker, I rise this afternoon to ask this Honourable House to send congratulations to a group called Knowledge Quest. It …
Thank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Pr emier.
Hon. Michael H. Dunkley: Thank you, Mr. Spe aker. Mr. Speaker, I rise this afternoon to ask this Honourable House to send congratulations to a group called Knowledge Quest. It is a group of Bermudians, or residents, who got together about 14 years ago to provide much- needed scholarship funding to people, young people of Bermuda—for 15 years now. And since 2002, they have raised over $4.2 million that has gone into scholarships and helped over 150 Bermudians. I think it is quite amazing the work that these individuals have done, because they have com e together and all the money that they raise goes into scholarships. There is nothing put into administration. All the administration costs, all the organisation is borne by the individuals concerned. And it has helped Bermudians in need. They do not dis criminate regarding age. They are one of the few scholarship programmes that help Bermudians in their 30s and 40s who want to get ahead. And I think it is important to recognise a group of Bermudians who have come to the wicket and helped people who really need some funding to go on with further education. So I congratulate them now. They have gone into their 15 th year. And I wish them all the best, going forward.
The SpeakerThe SpeakerThank you. Premier. The Chair will now recognise the Honourable Member from constituency 21. MP Rolfe Commi ssiong, you have the floor.
Mr. Rolfe CommissiongThank you, Mr. Speaker. Mr. Speaker, I would just like to extend condolences to the family of Betty Ann Lightbourne, of Second Avenue in Devonshire. She was a constituent of mine. She was 83 years old. And she was one of the few, again dare I say, white Lightbournes left …
Thank you, Mr. Speaker. Mr. Speaker, I would just like to extend condolences to the family of Betty Ann Lightbourne, of Second Avenue in Devonshire. She was a constituent of mine. She was 83 years old. And she was one of the few, again dare I say, white Lightbournes left in Bermuda. And I had a great little relationship with her, and I used to sit off. She had a respirator y problem late in life, and I was up to the house a couple of times. And I would sit off and talk with her. And she would sort of convey how she and her husband, who predeceased her, when they first got married and moved into that area, there were hardly any homes. It is an area of high density now, with a lot of property, middle -class homes. People own their own places up there. But it was different, going back 50– 60 years ago. So she leaves her children and her one gran d2572 15 July 2016 Official Hansard Report
Bermuda House of Assembly child. And again, I just want to extend condolences to her [family]. She was a great Bermudian. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? So that completes our congratulatory and obituary speeches. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS
The SpeakerThe SpeakerThere are no Bills to be introduced. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerMembers, Order No. 1 is carried over. Order No. 2 is carried over, Order No. 3 carried over, Order No. 4 carried over, [and] Order No. 5 is carried over. And we move to Order No. 6, in the name of the Minister of Economic Development. But, Honourable Members, it …
Members, Order No. 1 is carried over. Order No. 2 is carried over, Order No. 3 carried over, Order No. 4 carried over, [and] Order No. 5 is carried over. And we move to Order No. 6, in the name of the Minister of Economic Development. But, Honourable Members, it is 12:22. So I think if we take lunch now, it would make sense. Mr. Premier?
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I move that we adjourn for lunch.
The SpeakerThe SpeakerThank you, Premier. The House is now adjourned for lunch until 2:00 pm. ANNOUNCEMENT BY THE SPEAKER HOUSE VISITOR
The SpeakerThe SpeakerAnd just before we go, I recognise in the Gallery —I just recognised the former Sergeant -atArms, who is here, a Manchester United fan. [Inaudible in terjection]
The SpeakerThe SpeakerShame on it. [Inaudible interjections and laughter ] [Gavel] Proceedings suspended at 12:23 pm Proceedings resumed at 2:02 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair]
The SpeakerThe SpeakerYes, Members, we now move to Order No. 6 on the Order Paper and that is the Personal I nformation Protection Act 2016 in the name of the Mi nister for Economic Development, Dr. Grant Gibbons. You have the floor. BILL SECOND READING PERSONAL INFORMATION PROTECTION ACT 2016 Dr. the …
Yes, Members, we now move to Order No. 6 on the Order Paper and that is the Personal I nformation Protection Act 2016 in the name of the Mi nister for Economic Development, Dr. Grant Gibbons. You have the floor.
BILL
SECOND READING
PERSONAL INFORMATION PROTECTION ACT 2016
Dr. the Hon. E . Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Personal Information Protection Act 2016 be now read the second time.
The SpeakerThe SpeakerAre there any objections? Please carry on, Minister. Dr. the Hon. E. Grant Gibbon s: Thank you, Mr. Speaker. The Personal Information Protection Act, or “PIPA” as I will call it from time to time, that we are debating today will be for the very first time in Ber-muda an …
Are there any objections? Please carry on, Minister.
Dr. the Hon. E. Grant Gibbon s: Thank you, Mr. Speaker. The Personal Information Protection Act, or “PIPA” as I will call it from time to time, that we are debating today will be for the very first time in Ber-muda an introduction of a general right to privacy for personal information on our I sland. The aim of the PIPA Bill is to put back the control over the use of personal information in the hands of our residents where it rightly belongs. This legislation, often termed “data protection” or “inform ational privacy” legislation, is an important human right and forms a critical building block in the creation of a successful information society, which in turn will help boost Bermuda’s economy. Mr. Speaker, the introduction of PIPA is timely. PIPA has links to the Public Access to Inform ation Act (PATI) which was confirmed by the Inform ation Commissioner in her recent annual report. She
Bermuda House of Assembly spoke of the need for privacy legislation in Bermuda and specifically recognised the need to protect ind ividual privacy when discharging her legal duties in managing the PATI office. Mr. Speaker, in establishing both the PATI and PIPA [Acts], the Government has introduced a robust information rights framework. In essence, the Government has established a framework that creates transparency and accountabili ty with respect to information held by organisations and provides rights of access; first with the implementation of PATI for Gov-ernment -held records and now with PIPA, creating responsibilities for all organisations, including Go vernment, regarding the us e of personal information. Mr. Speaker, PIPA’s long gestation period allowed Bermuda to benefit by ensuring that the Bill before the House today captures the very latest pr ivacy rights and principles found across the world. This includes the European Union’s General Data Protection Regulation (GDPR) which was passed by the European Parliament on April 14, 2016 and will come into operation on May 25, 2018. A new framework for transferring personal information from the European Union [EU] to the United States known as the Privacy Shield, which was adopted this week, has also been considered in the development of the Bill. Mr. Speaker, the original concept of privacy found in the constitutions of many countries and in human rights legislation stems from the r ight to be left alone. Bermuda has limited rights of privacy in the Bermuda Constitution Order 1968 with section 7 pr oviding “Protection for privacy of home and other pro perty” between the individual and the state. The International Covenant on Civil and Polit ical Rights issued by the United Nations was extended to Bermuda by the United Kingdom on May 20, 1976. Article 17 of that Covenant provides that “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or corre spondence, nor to unlawful attacks on his honour and reputation.” The European Convention on Human Rights also applies to Bermuda. Article 8 creates a general right to respect for privacy; while, finally , the Human Rights Act 1981 adds to this and develops areas of particular relevance to Bermuda. Mr. Speaker, these separate provisions were introduced in a world that is markedly different to the one that exists today. The advent of the information society and the dramatic development of technology make t he issue of privacy, in particular the right to i nformational privacy, a major focus for the global co mmunity. The right to informational privacy is based on the right of the individual to protect his or her personal information. Such laws were developed i n Europe due to abuses by the Nazi regime of personal information contained in town hall and other local records in order to commit the well -documented atrocities of World War II. In the 1960s and 1970s with the advent of computers the realisation grew t hat those who wished harm to others would have even greater power to do so. Alan Westin, a lawyer and political scientist at C olumbia University and credited with the origins of modern privacy law, in his book Privacy and Freedom written in 1967 defined pr ivacy as “the desire of people to choose freely under what circumstances and to what extent they will expose themselves, their att itude, and their behaviour to others.” This, Mr. Speaker, is the guiding principle of the PIPA Bill. Mr. Speaker, in Bermuda we live in a small caring community where being neighbourly and shar-ing information is a natural part of life. Although we may know a lot about each other, we all have expectations of privacy. While it is clear to most that privacy should be a right, it may not be evident as to what the lack of or abuses of privacy actually mean for us in our daily lives and what this legislation is intended to achieve. Mr. Speaker, many of us know situations that exist in Bermuda where intimate personal information held by an organisation has been shared by a staff member without the knowledge or consent of the individual concerned, such as a health condition. We have also witnessed hearing or even seeing personal details related to someone else’s transaction while waiting to be served. While harm may not have been intended, the consequences can pose embarras sment, unwarranted challenges, and risks for the individual whose personal information has been exposed. Mr. Speaker, there have also been cases r eported in our local papers where personal information has been accessed enabling hackers to obtain credit card information. The Department of E -Commerce in its 2014/15 ICT Benchmarking Study revealed that Bermuda organisations have been the subject of c ybersecurity incident s. These kinds of situations could potentially result in identity or financial theft. Mr. Speaker, these are a few examples of what is already occurring on our I sland. I think it is safe to say that everyone would like to have peace of mind, knowing that the use of their personal inform ation is both limited and secure. This is not the case at present. The PIPA Bill seeks to address this head- on and offers additional gains. It would include the ability to have incorrect personal information being held and used by an institution amended. This becomes particularly important if the information is being used for the purposes, for example, of determining whether a loan should be granted. Mr. Speaker, the PIPA Bill is designed to address the imbalance of individ uals having little or no control over the use of their personal information. There are advantages as well for the organisations that are subject to PIPA. It is a highly competitive marketplace and those entities that are seen to be 2574 15 July 2016 Official Hansard Report
Bermuda House of Assembly trustworthy and responsi ble with the use of personal information will benefit. Mr. Speaker, it will also be beneficial for organisations such as associations, clubs , and charities that may rely on donations or fees from the public, both local and overseas. Assuring donors and me mbers that the personal information given will be kept and used in accordance with the requirements of the PIPA Bill will provide a level of confidence. In cases where groups are organised around controversial or sensitive issues it becomes very important, indeed, that participants can be assured that their identities will not be revealed without their awareness or agreement. Mr. Speaker, while providing protection locally is of great importance, PIPA has been drafted with a broader perspective in mind as it seeks to raise Bermuda to a level that will enable it to join the intern ational network of trust currently existing between coun tries with similar levels of informational privacy protection. This network increases trust between ind ividuals and uses of personal information while provi ding significant advantages for international businesses and local businesses who would like to compete in the global markets. Bermuda is currently excluded from this network of trust and it is likely that we will be viewed a s a less attractive jurisdiction to operate from if this continues. Mr. Speaker, the operation of this network of trust is based upon an assessment of privacy laws to see if they match those of member nations. To this end, the European Union permits third party countries to apply for a finding of adequacy. Any country whose informational privacy legislation is deemed “adequate” may transfer personal information from and to the European Union without the need for formal asses sments and contractual restricti ons. Given that many businesses operating in Bermuda have clients or, in some cases, offices in the EU and other equivalent jurisdictions a finding of “ adequacy ” would be viewed as a major advantage. Mr. Speaker, as an aside, I can also confirm that this situation will not change in the event that the United Kingdom leaves the EU. As it is in the UK’s best interests to continue to implement any inform ational privacy legislation that the EU develops in order that it will remain “adequate” for purposes of tr ade. Mr. Speaker, I can confirm that PIPA has been developed so that applications for a finding of adequacy can be made. Should Bermuda be deemed “adequate” it can provide us with a competitive advantage because of our close proximity to the US and the ability to transfer personal information freely to the EU and other jurisdictions. Mr. Speaker, the network of trust is not limited to the European Union. Canada, Guernsey, Jersey, the Isle of Man, Israel, New Zealand, Argentina, Ur uguay , and Switzerland al l have such legislation and are able to transfer personal information with the EU member states. The United States is entering into an agreement with the EU known as the “Privacy Shield” which will allow for these transfers with some restri ctions. In 2008, a CARIFORUM -EU Economic Partnership Agreement was signed between the EU and many Caribbean countries. It requires them to adopt informational privacy laws within a specific timeframe. The Cayman Islands have also published draft data protection legislatio n and have expressed their intent to seek an adequacy finding as well. The gradual ex-pansion of this network to many jurisdictions with which Bermuda has a social and economic relationship means that membership is important. Mr. Speaker, technology linked to a worldclass communications infrastructure is now regarded as critical for the well -being of any nation’s economy and in this Bermuda is no exception. Indeed, given the reliance of both domestic and international businesses in Bermuda on links with th e outside world, it is poss ible to make a case that Bermuda is more aligned on these technologies than any other countries and, therefore, their continued and secure operation is critical for our national security. Mr. Speaker, we are in discussion with t he private sector and others with a view to the develop-ment of a cybersecurity framework. International organisations like the International Telecommunications Union (ITU) and the Organisation for Economic D evelopment (OECD) , together with major trading bl ocs such as the European Union and the Asia- Pacific Economic Cooperation (APEC) either actively pr omote or require the countries operating in this arena implement relevant laws to promote public trust and security. They make it clear that a key part of any ebusiness security infrastructure is the introduction of laws protecting the use of personal information by organisations. The EU in its new General Data Protec-tion Regulations states that public confidence in the protection of personal information held by organis ations is essential for the development of the inform ation economy. Mr. Speaker, I am pleased to say that the i mportance of PIPA has been recognised by both sides of this House. At a relatively early stage it was d ecided that a bespoke model law should be developed that recognised Bermuda’s unique requirements. The law would balance robust protection for individuals with the needs of organisations to operate effectively. The highly regulatory approach taken by many cou ntries was not regarded as a ppropriate for a country the size of Bermuda and with our strong US trading links as well. In developing the draft model the primary goal was to provide comprehensive informational privacy rights for our residents that reflect international best practice. The OECD and the European Union, along with other organisations and countries, have adopted a set of common privacy principles and these have been used as our framework.
Bermuda House of Assembly Mr. Speaker, it has been challenging creating a privacy framework that meets these requirements. So in developing the legislation we have looked at various laws and the implementation experiences of other countries. We have considered the framework of small jurisdictions and our competitors. We have consulted with international specialists and have had u nprecedented access to a group of international privacy regulators from countries both large and small who have kindly provided considerable advice and assi stance throughout the development of PIPA. Mr. Speaker, I would like to take this opport unity to thank those regulators on the behalf of the Government of Bermuda for the time they have taken in this regard. Mr. Speaker, the roots of our PIPA model stretch far and wide. Primarily , we wish to emulate the European Union and their approach and philosophy with respect to preserving and protecting the inform ational privacy rights of individuals. We have drawn heavily from Canada, and particularly Alberta, who have taken a business -friendly approach to their pr ivacy legislation. Canada is an adequate jurisdiction for business purposes and they have significant ec onomic ties with the United States , as does Bermuda. We have, of course, taken into consideration the UK’s model and some aspects of the US regime as well. Ultimately , we have extracted those elements from theses jurisdictions that, in our opinion, best serve Bermuda. Mr. Speaker, the team within the Department of E -Commerce tasked with developing the PIPA model engaged with the public and private sectors both directly and through a pri vacy working party constituted with representatives of important stakeholder groups. There has been strong support for this initi ative and from the Department of E -Commerce’s latest ICT [Information and Communication Technology ] survey in which 97 per cent of Bermuda residents believe that it is important to protect their personal information. Mr. Speaker, I would now like to provide some highlights of the PIPA Bill. I mentioned earlier that this legislation is based on a common set of principles developed by the OECD and the EU that embodied the right to informational privacy and formed the basis of obligations required by organisations. And they are as follows: 1. Personal information shall be used fairly and lawfully; 2. Personal information shall be used for limited specified purposes; 3. Personal information shall be adequate, rel evant, and not excessive in relation to the purpose or purposes for which they are used; 4. Personal information shall be accurate and, where necessary, kept up to date; 5. Personal informati on used for any purpose shall not be kept for longer than is necessary for that use; 6. Personal information shall be used in accor-dance with the rights of individuals; 7. Personal information shall be kept securely; and 8. Personal information shall only be transf erred to third parties, including international trans-fers, where there is a comparable level of pr otection.
Mr. Speaker, while PIPA is designed to meet international best practice it is a modern pragmatic piece of legislation balancing comprehensive protection with sensible regulation that is appropriate for Bermuda. For PIPA to achieve its objectives it must work in practice as well as in theory. The basic tenets of the PIPA Bill are that it be fair, just , and reasonable. Reasonableness is a concept well -known in common law. It is a standard to be applied regarding the appl ication of PIPA. In determining whether something is reasonable or unreasonable or whether a matter has been carried out or otherwise dealt with reasonably or in an unreasonable manner, is that which a reaso nable person would consider appropriate in the circumstances. Mr. Speaker, the PIPA Bill covers all bus inesses and Government departments and their use of personal information both in electronic and hard copy format. The Bill also out lines the grounds for using personal information. Organisations should take into consideration the privacy implications of the services they provide and the nature of the personal inform ation they are using. They should incorporate these considerations int o their policies and procedures and at the earliest stage in the development of any new service. Many countries have similar requirements and this concept is often referred to as privacy by de-sign. Mr. Speaker, we have taken into account the nature of Ber muda organisations, whether small, m edium , or large, and while we remain committed to the principles , we have tried to be pragmatic in order that organisations can carry out their obligations. To this end we have reduced some of the traditional regul atory requirements found in other jurisdictions which provide more operational flexibility without reducing protections. This should be attractive to businesses wishing to locate here from both sides of the Atlantic. Mr. Speaker, in order to provide individual s with confidence when entrusting their personal infor-mation, organisations [must] remain responsible for the personal information that they use, even if transferred to third parties. This follows the Canadian approach, and the EU is also concerned that pr otection should follow the personal information that is transferred beyond its borders. The PIPA Bill also requires additional safeguards for a certain category of per2576 15 July 2016 Official Hansard Report
Bermuda House of Assembly sonal information known as “sensitive information.” This includes personal information relating to race, religion , and health, among others. Mr. Speaker, the PIPA Bill details the rights of individuals and how to exercise those rights. It i ncludes provisions requiring notices to individuals r egarding the collection and use of their personal i nformation, as well as procedures for accessing their i nformation and requesting that it be corrected, blocked, or erased. Individuals also have the right to complain to a regulator and have their complaints investigated. Mr. Speaker, children can be vulnerable, pa rticularly on the I nternet. We have included requir ements relating to children’s information used in the context of information society services. We are well aware that despite the challenges there are also bene fits to be derived for our youth participating online and so we have tried to take a realistic approach in this regard. Mr. Speaker, I have spoken about cybersec urity and our efforts in this area. In order to assist in the prevention of data breaches, PIPA requires that organisations impl ement appropriate security for any personal information that they have and use. There are data breach notification provisions as well. Mr. Speaker, this brings me to a very important area, that of enforcement, compliance, offences , and penalties. Given the seriousness with which we view the PIPA and the importance of compliance, the PIPA Bill outlines offences and the penalties that i nclude fines and imprisonment. Mr. Speaker, critical to the success of the PIPA Bill is the appointment of an independent regul ator responsible for ensuring compliance with the legi slation; this is also important when applying to the European Union for an adequacy finding. The PIPA Bill details the appointment of a Privacy Commi ssioner and sets out the necessary conditions, p owers, and functions required to fulfil the responsibilities of that office in a fair and independent manner. Mr. Speaker, you may recall that last summer we undertook a public consultation on the PIPA draft model. Four information sessions were held, and an awareness campaign through the media took place to encourage feedback. Copies of the PIPA draft model, comments, submission forms , and further information about privacy were available through the Department of E-Commerce’s office and on the dedicated website at www.privacy.bm . We received 18 submissions by the deadline from individuals and organisations. Those were posted on the privacy.bm website for the public to view and we are grateful to those who took the time to participate in this process. Mr. Speaker, since the consultation took place there have been a number of significant events in the international privacy landscape that required consi deration. We have already mentioned that the EU i ntroduced its new General Data Protection Regulation. The European Court of Justice declared “Safe Har-bour,” the previous framework for transferring personal information from the EU to the US, invalid. It is being replaced by the “Privacy Shield.” These are particularly important given that Bermuda intends to submit an application for adequacy. Mr. Speaker, after a thorough review of both the consultation feedback and the EU developments, we have taken on board a number of suggestions and have refined certain areas of the Bill. These include: expanding the categories of sensitive personal infor-mation; adding additional safeguards to protect the rights of individuals; respecting legal privilege; provi ding the Commissioner with more tools to encourage the resolution of complaints before legal action; ensuring the right of appeal for all Commissioner’s orders; and requiring breach notices to include an asses sment of the impact of the breach. We feel these additions and other changes have significantly improved PIPA and furthered its objectives. Mr. Speaker, I have articulated why PIPA is important and timely. Many organisations in Bermuda already comply with some type of informational or data privacy requirements. The latest ICT benchmar king report I referred to earlier states that 26 per cent of Bermuda companies are already subject to data pr ivacy laws or regulations. Of the 26 per cent, 33 per cent were large companies, 24 per cent were m edium -sized firms, and 21 per cent were small bus inesses. Adopting privacy practices also makes good business sense as it creates consumer trust. While most would recognise the benefits and welcome the legislation in principle, we are also aware that its application and implementation will require a learning curve, which is why we intend to delay bringing the legislation enforce for a period of approximately two years so that organisations can prepare. However, the appointment and establishment of the Privacy Commissioner and his office, along with related provisions, will be enacted soon after the passage of the legisl ation. This is so that the Privacy Commissioner may assist organisations during this preparatory period and provide information for all those impacted by the legi slation. We understand that the implementation will not be without its challenges for organisations. However, we are reminded that similar legislation has existed for years in many countries, including Bermuda compet itors. It has been successfully adopted in small juri sdictions, including those that have a significant proportion of small businesses, and in fact, that have a more complex and highly regulatory model that PIPA has tried to avoid. We also must keep in mind the risk to our families and Bermuda’s future if we do not act r esponsibly and adopt informational privacy prot ection legislation. Mr. Speaker, during this transitional phase we will be introducing consequential amendments to other pieces of legislation so that the harmonisation exercise with PIPA will be completed. An important one of these is the PATI Act. Many countries also
Bermuda House of Assembly have both types of legislation and we will be following a similar approach to ensure that both Acts work compatibly and can achieve their desired objectives. Mr. Speaker, the introduction of the PIPA Bill will precipitate a culture shift wi thin this small comm unity of ours. It will change the way we perceive personal information and its value. Both individuals and organisations will start thinking about personal information in the same way that we think about money —it is a precious commodity and should be protected, you should never leave it lying around, it is important to control who can access it, and if you give it away it is because it is your choice. Mr. Speaker, the PIPA Bill marks a pivotal moment in our history and a landmark in the evolution of human and informational rights in Bermuda. Privacy will be the right of our residents and their families , and Bermuda will be recognised internationally as a juri sdiction that can be trusted with personal information. This newfound confidence within the community will also have a positive impact on the business sector. Mr. Speaker, we are confident that with PIPA we have introduced a robust, technology -neutral, pr ivacy framework. However, as the proverb says, nothing remains constant except c hange itself. The field of privacy is proof of this. We realise that it will only be a matter of time before we will be looking at further leg-islative changes to PIPA as the international comm unity shifts to reflect changes in technology and soc iety. Regar dless of the challenges the future brings , we will always remain committed to the protection of individual’s rights and the advancements of Bermuda’s interests in a challenging and competitive i nternational economic environment. Finally, Mr. Speaker, in c losing , I would like to acknowledge the early work done by the former Government in this area as well as the many stakeholders who have participated in the process of developing this legislation. Special thanks should go to the me mbers of the privacy team, in particular, the Attorney General’s Office and Chief Parliamentary Council , Cathryn Balfour -Swain; Parliamentary Council , Amani Lawrence; our Privacy Legal Experts, Eduardo Ust aran and Victoria Hordern from the firm of Hogan Lo vells; and Mr. Graham Wood as well. Finally , I would like to commend the leadership of the Ministry’s D epartment of E -Commerce and especially the former Director , Nancy Volesky , in bringing this project to fruition. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Dr. Gibbons. The Chair will now recognise the Shadow Minister for Economic Development from constit uency 33, MP Jamahl Simmons. You have the floor.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. Good afternoon colleagues, good afternoon to our listening audience. We ar e very pleased to be able to support this bit of legislation today, Mr. Speaker. The issue of pr ivacy is one of global as well as local importance. Of particular significance, Mr. Speaker, the …
Thank you, Mr. Speaker. Good afternoon colleagues, good afternoon to our listening audience. We ar e very pleased to be able to support this bit of legislation today, Mr. Speaker. The issue of pr ivacy is one of global as well as local importance. Of particular significance, Mr. Speaker, the advent of technology has created new challenges and new opportunities for people’s personal information to b ecome scattered globally —not just whispered in the ear of a neighbour or co- worker. So this preservation of the right to privacy is something that is very, very i mportant , very significant , and very timely. And I have to give credit to the Minister and his technical officers and the individuals involved in the preparation of this Bill because the consultative process has been very, very wide- ranging and I think that it is a model that more Ministers should follow in terms of getting the full and wide feedback of the community. Mr. Speaker, privacy in the Bermudian context resonates, I think, with many Bermudians, particularly Bermudians who over the years had, in the not -sogood- old-days, the experience of having their banking information given to global opponents, they have had their personal information distributed to people who sought to do them economic or political harm. In the advent of the era of AIDs there were people in the medical community who felt it was their right to reveal the condition of people suffering from this disease, thinking they would protect others. In a community this small , privacy and the keeping of privacy resonates. And so, Mr. Speaker, we even looked to other examples. In the 2012 election we had an incident where the GEHI dental information of civil servants was leaked to the then- Opposition, One Bermuda All iance, with information detailed in the press. These are the things that Bermudians have seen for themselves, they have lived, they have heard, and they have e xperienced others not having that sense of protection, not having that sense of security and safety. This is good on a local level and good on a global level. Mr. Speaker, I am glad to see that the Minister will be forestallin g implementation for two years to allow the time for the community and the business community to be able to get up to speed and get up to par to participate fully in this. And we have a few more suggestions as they go forward that we will discuss more deeply in Committee to strengthen this as we go forward as the process continues. But I would like to commend the Minister. I would like to commend the technical officers and the team and we look forward to discussing this further, helping to innovate a move f orward as we continue on this process. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you . Thank you, Honourable Member. Any other Honourable Member care to speak? 2578 15 July 2016 Official Hansard Report Bermuda House of Assembly The Chair will recognise the Honourable Member , Ms. Susan Jackson, from constituency 20.
Ms. Susan E. JacksonGood afternoon Members and the listening audience. I just want to say a few words , one, of grat itude to the team for the work that has gone into the writing and preparing of this legislation because not only is it a bit of a complex piece of information …
Good afternoon Members and the listening audience. I just want to say a few words , one, of grat itude to the team for the work that has gone into the writing and preparing of this legislation because not only is it a bit of a complex piece of information to le gislate, but also the fact that there are always new forms of technology, things are constantly evolving in this sort of e- commerce space. And the fact that the team has been able to really grasp the concept and put it to paper has been a phenomenal achievement, so congratulations to the team. But I would also just like to reflect a bit on how we have, as a community and globally , become. . . we are in an information age, and the amount of personal information that we all have put out there, sometimes just casually, not even realising the amount of information that we were revealing, not appreciating the fact that this information would one day go global . And at some point I believe we have all had a moment where we have reflected on just how much inform ation is out there, especially through the I nternet and online and electronically , and from just about ever ything, from health to our banking information, our personal information. So how do we start to find ways for this information to, once again, become encapsulated and private? Well, as I have thought through and sort of observed in the community , I have realised that it is a whole lot more, Mr. Speaker , than just , you know , a bit of a promise that we are going to legislate privacy laws and make sure that information is not filtered out without some due course in place, but that there are also responsibilities not only to us as individuals sharing the information out on the I nternet, but also how different companies are complying to the safety of our information. There has been mention of data breaches . And, of course, we all know of data breaches that have happened worldwide, and certainly our Member across the floor has just mentioned how we have had local data breaches . So, certainly even the banks have been victims of this kind of information because . . . not so much the bank, but that the merchants that are out there or whomever is holding this pers onal data may be victimised by fraudsters and they are clearly on this Island and able to get our personal i nformation and make good of it in a criminal sense. But I believe that through this legislation we will heighten the awareness of people who hold ou r information and that there will be a higher standard of compliance when it comes to even the technical equipment that is holding our information. And I am looking forward to establishments that are out there that are taking responsibility for our information to really manage and make sure that they are not only keeping their equipment safe so that it cannot be tampered with by likely fraudsters or other criminals that would like to get at our information, but that there will over time become more of an en vironment in which we even have other companies out there that are pr otecting the equipment that is in place around our i sland that is holding all of this data. I see there is opportunity for our local holders of information to make sure that the equipment , the hard steel equipment that is holding this information, is secured and that they are able to comply with sec urity standards and that there will be opportunities out there in our community for new business to evolve around the compliance of the equipment that is hol ding this personal information. So you know , I am just kind of throwing that out there to the community b ecause that is another professional opportunity that is out there as a result of the heightened privacy sta ndards that Bermuda is about t o implement. And I just want to take it one step further now about our personal information being transferred overseas. I am working with the banks and I see that in the United States of America they have their r equirements to find out information about customers and clients that may be American citizens living in Bermuda and that sort of thing. So there could be a transfer of information—personal information —across the seas. We have the CRS , which is a common r eporting standard, which is allowing countries , not just Bermuda but countries around the world, to share personal information across borders to make sure that there is a connection between people who are res ident in one country but may be living in another. And I am saying all this to say that it is going to be critical that this information remains private and that we make sure that the transmission of this data is safe, and that should anything untoward happen, that we have legi slation in place to address it. So we have certainly travelled a great di stance today by tabling this legislation and, again, I am most grateful because I have lots of private inform ation out there, as do the Members and constituents, and we want to take responsibility to make sure that we keep it as safe as possible. So I congratulate the team and the Minister for tabling this legislation today. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable and Learned Member from constituency 31, MP Shawn Crockwell. Bermuda House of Assembly Mr. Shawn G . Crockwell: Yes, just before yours, Mr. Speaker.
Mr. Shawn G. CrockwellYes, you should always remember mine, Mr. Speaker. Mr. Speaker, I also wish to applaud the Mini ster. I know he has been working on this particu lar piece of legislation for some time, as well as his team. I was surprised by the extent of the legislation, but it …
Yes, you should always remember mine, Mr. Speaker. Mr. Speaker, I also wish to applaud the Mini ster. I know he has been working on this particu lar piece of legislation for some time, as well as his team. I was surprised by the extent of the legislation, but it is a complicated area, a relatively new area for this j urisdiction , as Members who have taken to their feet have said, that trying to cont rol personal information will be a challenging feat. From my view, based on where we are with social media and the I nternet and access and the like, I thought privacy was something that had long been obliterated, Mr. Speaker, because we seem to know everything about everyone at any time. I mean, people put on social media what they are having for di nner and it has gotten extraordinary. But, of course, we are talking about very sp ecific information, in some cases sensitive information, and as the Honourable Member from [constit uency] 33 mentioned, particularly in a small jurisdiction like Bermuda where we all know each other , if private information, sensitive information, is put out there you cannot take it back and it can have a significant del eterious im pact on an individual. So I was pleased to see the extent of the penalties in relation to organisations who do not comply with the Act. This may be a question for the Com-mittee, but I just did not quite get in reading the offences and penalties clause how to distinguish b etween a summary offence and an indictable offence, exactly what would constitute either. I see that the fine on a summary conviction is the maximum that can be given and then, of course, on conviction on indictment it is quite a substanti al fine. On that particular line, Mr. Speaker, I also am concerned about and [will] maybe look at some case law in other jurisdictions in terms of the ability to r ecover for financial loss , clearly if there are identifiable damages in relation to the financial pecuniary loss as a result of someone exposing personal and confiden-tial information that is quite evident . I do not know how you quantify loss for emotional distress. And in my view, you can quite often have greater damage in r elation to the emotional distress that is caused—
The SpeakerThe SpeakerAnd, Member , you can . . . we can drill down in Committee on that.
Mr. Shawn G. CrockwellI will drill down, but these are the things that just stood out to me in terms of the Act. I think it is a good Act. Clearl y, the Minister has thought it through in terms of a timeframe to i m-plement it, continue to have proper consultation, I …
I will drill down, but these are the things that just stood out to me in terms of the Act. I think it is a good Act. Clearl y, the Minister has thought it through in terms of a timeframe to i m-plement it, continue to have proper consultation, I see he will be doing a review and reporting back to the House, so it certainly appears as if they are well organised and they are doing this in a very diligent way. So I certainly support it, but I just had those issues that I saw when first reading the Act. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. The Chair will now recognise the Honourabl e Member from constituency 15, the Acting Leader of the Opposition today, MP Walter Roban. You have the floor.
Mr. Walter H. RobanThank you very much, Mr. Speaker. Again, I echo the comments of my honourable colleague in [constituency] 33. I had not p lanned to speak on this , but the interest in a few things has been piqued with the presentation of the Minister . I also echo the congratulations …
Thank you very much, Mr. Speaker. Again, I echo the comments of my honourable colleague in [constituency] 33. I had not p lanned to speak on this , but the interest in a few things has been piqued with the presentation of the Minister . I also echo the congratulations given to the Minister and his team for bringing this very important legisl ation forward and how it has been handled, the whole process as has been described thus far. But [I have] just a few questions that I would like to perhaps get a few answers [from] the Minister because perhaps these questions were also relevant to public interest in this. Issues such as how aligned is this Act with things like HIPAA and with the Data Pr otection Act in the UK? How has it been aligned with them to have the same strength of protection that those Acts afford in their own jurisdictions? I am assuming that there must be some e fforts to have this Act emulate what those pieces of legislation do in their respective countries. I am just interested as to how we have brought that about with this legislation. The other question I have is , what will be the guidance given to institutions and just generally , when it comes to decommissioning of technology that is holding sensitive information, s o that there is not any, perhaps, liability left to a party who may have had i nformation on a particular server or on a computer ? What steps can be recommended out of this legisl ation or what guidance is given to ensure that if you do certain things you will not have the liability of violating the law? If there is guidance that this Act is going to be allowed to be given to persons, institutions, companies . . . since, you know, everybody seems to have, even myself and others, information that is sensitive on their computers or companies, as the Ho nourable Member who sits in constituency 20 talked about, banks who have decades and perhaps cent uries of personal information associated with families. As they transfer and change technology , what gui dance will they have as to how they can decommission that without having any liability left if something might go wrong or something happens over time? 2580 15 July 2016 Official Hansard Report
Bermuda House of Assembly The other question I have, which I am not sure it can be answered, but it does pertain to personal information, it pertains to things like where people have inquiries concerning their own personal hi story, i.e., over time there are certain prohibitions on people get ting information. Like for instance, if som ebody were the subject of an adoption and they wished to go back and find out about who their biological connections are, and if that information is available, perhaps in an agency in Government or perhaps an institution like an orphanage or in somebody’s care, how is that handled going forward? Does this particular legislation address some of those issues that people have about . . . not only for those who want the information, but those who may have in the past or had a past practice of keeping that information concealed, how is this legislation going to deal with those issues as we go forward? Those are my three primary questions and I do hope that, perhaps, I can get a few answers. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 17, MP Walton Brown. You have the floor.
Mr. Walton BrownThank you, Mr. Speaker. Mr. Speaker, I just wanted to offer a few comments in support of this Bill. It is an important piece of legislation and helps to put us on line with a lot of modern democracies in the 21 st century. We live in an age where …
Thank you, Mr. Speaker. Mr. Speaker, I just wanted to offer a few comments in support of this Bill. It is an important piece of legislation and helps to put us on line with a lot of modern democracies in the 21 st century. We live in an age where the ability of our personal data to be transferred to other parties who are not legitimately entitled to have it has increased dr amatically and it is going to get more severe as time goes on. We already know that when you go to visit any particular website, the websites track what you do and what you look at. So if you go to another website, they pop ads from the previous website. So that is one company outside of the I sland tracking data on your website visits. So if you go shopping and you look at a particular store, that store is going to have ads come up on a subsequent website. I guess it is a good thing, Mr. Speaker, that I do not ever go to porn sites — ever—because then you might find those ads popping up at the most inopportune time. But it is disconcerting that you have this trac king that takes place globally through the websites. This legislation does not address that because it only deals with information dissemination from within Bermuda. But that does remain a concern. Mr. Speaker, the issue of identity theft is one of the great challenges today. We see people at tempting to mimic other people’s profiles on Facebook . You see all kinds of efforts by organised entities to get credit cards in other people’s names. At least in Ber-muda that is sort of really suppressed, but that is an issue and it may become one of greater concern going forward. This legislation, I believe, helps to prevent that from taking place—not entirely , but it makes it much more difficult and much more challenging. It raises the importance of cybersecurity because for information that is going to be disseminated it is less likely that a company is going to deliberately act illegally to transfer its own data to someone else. The more likely scenario is that what some people call “cyber terrorists ” will try to infiltrate databases to get access to p rivate information to use for their own purposes, i.e. , create credit cards and so forth. So in order for us to have a robust framework in place in the private sector , it means that all companies need to have a much more robust cybersecurity protocol in p lace. And as you know, Mr. Speaker, the type of cyber attacks changes almost every day. Some of the well-known companies that deal with international s ecurity like Norton Security , and some of the other ones I cannot remember, issue reports almost on a daily basis of the new viruses that are being generated and they are being generated so that people can get access to private information. So companies have an obligation and will have one even more so to create a proper protocol regarding cybersecurity. I am pleased in the legislation to see that there is no requirement for the Privacy Commissioner to be a lawyer. So I would like to thank the technical staff for recognising that people other than lawyers can actually perform dutiful functions of this natur e. I know there is at least one member in the technical team who is happy to see that we are going to support it and not have overly significant challenges to the clauses. That is, I guess, a step in the right direction as well, Mr. Speaker. The other poi nt that I wanted to make relates to the actual outcome in terms of government oper ations with this new legislation because we are now going to create an additional level of bureaucracy, but it is necessary. We are now going to create additional government jobs which are necessary. Because we have to do this for the sake of security domestically, but also to ensure that we have an appropriate framework for dealing with countries beyond our shore. Those who are ideologically predisposed to objecting to any increase in the numbers in gover nment —and I suspect there are some Members on that side who have that position —will now fully understand that there are times when you need to increase the number of people working within government to ensure effective deliver y of government services. So I am happy to see that the Minister has embraced this. I am not sure if it is a sign of things to come and he has had a changed position on some of these issues, but it is a good step, Mr. Speaker.
Bermuda House of Assembly I have some questions about some of the clauses in the Bill and I will not comment on those now. I will leave that for Committee. But in general , I am happy to stand with my colleagues, support this important piece of legislation, it is a step in the right direction and Government should be applauded for bringing it to this House.
The SpeakerThe SpeakerAll right. Thank you. Any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor. Hon. Michael J. Scot t: Thank you, Mr. Speaker. Mr. Speaker, I too wish to both congratulate and commend Minister Gibbons for …
All right. Thank you. Any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor.
Hon. Michael J. Scot t: Thank you, Mr. Speaker. Mr. Speaker, I too wish to both congratulate and commend Minister Gibbons for birthing, at long last, this PIPA today. As I think about both PATI and now PIPA I try to think about which of these two legislative concepts mean the most to me. I think I definitely come down on the side of PIPA. I mean, I recognise the PATI r equirements and its aims and objectives, but I am so pleased to see us now legislating in the House today the framework for privacy and its protections. Becaus e of the significance in the technocratic megapolis that we live in and that others live in, we live in a technocratic —may I say a “minipolis” — these protections have become so urgent and impor-tant for us. And because these protections now are going to enhance our fairness and because they have the principles of fairness and moderation and reaso nableness, and above all protection, as the watch words now —the Bermuda legislation that we are pleased to see today —I can with confidence commend this legislation and the work that has been going on for many years now as both credible and adequate. And I commend the Director Volesky ; our expert consultant , Mr. Graham Wood, and certainly the Parliamentary Counse l—the Chief is here—and the Parliamentary Counse l who has done all of the lifting , as I contemplate Ms. Lawrence, well done. As I look at the Bill itself, I mean, as my ho nourable and learned colleague , Mr. Crockwell ind icated, he said he was surprised, I too am assured by the comprehensiveness of content, the credibility of the content of just this Bill, just looking at it from the face of its scope, principles, rights of individuals —it is all there. And I can recall when I had this brief, when Ms. Volesky and I thought about where we were going with e -commerce in our country and we all thought —I certainly thought it, it may be Director Volesky was completely au fait and comfortable with this —but in the early days of e- commerce I wondered how we would get on with acclimatising to it . But it has become such a nor mal thing and it really has grown, Madam Director, e- commerce has. And what a great day this is within my reco llection of what Mr. Wood and all of us were doing in those days to get a fix on privacy and data protection. And it is interesting to see that t he “Safe Harbour ” has gone the way of all flesh and we have this new concept, but this is good. So I want to round- off my comments by indicating my immense pleasure and assurance that the protection for children is something that is an element of this framework that has been included. Largely because, Mr. Speaker, at long last we have legislation that is sound, legislation that is protective, legislation that hardwires itself into this information age that has become so normal now in Bermuda, this commodit y of information that children tend to use with such disr espect. This is why it is so significant today, now with a timely arrival . . . law in this country will begin to set in place a culture that sends messages to children who tend to use information on line with such carelessness, if I may . And I do not want to paint all children this way. But it is the nature of children that they need to be protected. And this will enhance businesses, parents, uncles and aunts, Members of this House. It is going to enhance our understanding and our sensiti vity and our capacity to instruct children in the better use of information and information about themselves. So it is great, it is wonderful on so many fronts, apart from the hard work of establishing a leg-islative f ramework, it has this important feature of i ntroducing into our culture so that by legislation we will all become more accustomed to shaping our chi ldren’s use of information in this world in which we live, this technocratic megap olis in which we live, where information is a commodity that needs to be treated with respect and care, reasonableness, of course, but with, again, the watch word of “protection.” And so, yes, I join my colleague, the Shadow Minister of Economic Devel opment and Business A ffairs, a nd all colleagues of this House, in commending the presentation of this Bill to the House and, finally, congratulations to the team —Ms. Volesky, Mr. Wood, and the Parliamentary Counsel. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Ho nourable Member. Is there any other Honourable Member that would care to speak? The Chair will recognise the Minister for Health and Seniors. Minister Atherden, you have the floor. Hon. Jeanne J. Atherden: Mr. Speaker, I just want to join with the Members …
All right. Thank you. Thank you, Ho nourable Member. Is there any other Honourable Member that would care to speak? The Chair will recognise the Minister for Health and Seniors. Minister Atherden, you have the floor.
Hon. Jeanne J. Atherden: Mr. Speaker, I just want to join with the Members of the House in congratulating the Minister in bringing this forward. As Members have said, this is a good opportunity for us to balance off PATI which , when it first came in , everybody sort of felt that this enabled ev erybody to have access to an y type of information and 2582 15 July 2016 Official Hansard Report
Bermuda House of Assembly lots of people were starting to get a little concerned about their own personal information and whether they would have some protections. And as you can see from this Bill , the protections are there. I just want to talk about two aspects of it , and I am putting my health hat on because sometimes I think when we think about information and we think about it from a health perspective, we forget that it is sometimes important to have information about ind ividuals as it relates to thei r health and as it relates to decisions which are being made with respect to their health. But I also realise that the Bill itself has two elements to deal with this proviso. One is the fact that decisions can be made on whether the information can be released, but also when individuals start to look at authorising their information, I think it also behoves us to mak e sure that our information is acc urate. It is so important because lots of decisions ult imately could be made about our own conditions based on information that has been put there and if it is incorrect then the incorrect decisions were made. But also I think persons need to understand that in an attempt to make sure that decisions are made with respect to trends, in terms of population trends, with respect to illnesses in terms of whether we have what I call epidemics, there has been a great opportunity, a lot of emphasis put on not releasing the information relative to the individual so that . . . I know that the Member from [constituency] 33 talked about persons turning around and giving out medical information which was used against individuals. Well, obviously that no longer happens . But sometimes information is given out about individuals that . . . not known, not the names of the individual s, because sometimes you do have to know what is happening in your community with respect to types of illnesses, with respect to dealing with trends. So, I think persons need to understand that the privacy is always protective, but sometimes, what I call t he—
[Inaudible interjection] Hon. Jeanne J. Atherden: Yes, the human element, the fact of what you have to do with respect to the population is important. And that is why I think individuals need to make sure that their information is accurate and not w ithhold things about themselves , because then you run the risk of the population not being able . . . the public health people not being able to make the type of conclusions and type of infer-ences because information is withheld. And I say that because I know sometimes we in the public health sector have people saying, X, Y, Z happened, but it was disclosed as something else or described or not done . So I want everybody to understand that it is important to have the right information out there so it can be used. And, therefore, if we are all going at this from the point of view of not disclosing it for a reason which is not beneficial to the public, then we are going to get the right information out and we are going to make sure that PIPA carries out what it should do. I think the last thing that I wanted to just say was when I looked at, I think it was when the Minister in his brief talked about the common set of principles developed by OECD and the EU , and he listed all the principles there. And for me t he thing that resonated was “personal information should be accurate and, where necessary, kept up to date” because we som etimes also forget that with respect to (what I call ) public planning and health planning, accurate and up- todate information is important. And the biggest problem we have in our juri sdiction and others is that if the information is not acc urate, sometimes you cannot even contact people to let them know that there are issues affecting them. And so there is a tendency to try and think , Well, it’s pe rsonal, I don’t want anybody to know what’s going on. But I just want to say to people, Flip over the other side, and if the protection is there, that it is only going to be used for when it needs to be used, make sure it is accurate and we wil l then have a better process. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. It does not look like anyone else wants to speak, so we revert back to the Minister. Dr. Gibbons, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. And I certainly thank Honourable Members for their support and the kind …
All right. Thank you, Minister. It does not look like anyone else wants to speak, so we revert back to the Minister. Dr. Gibbons, you have the floor.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. And I certainly thank Honourable Members for their support and the kind comments about the work that has been done on this Bill. I think some Members have a little bit of a sense of the history of it. I was actually surprised to learn that the original work on this goes back almost 20 years to a Law Reform Sub- Committee back in 1997. I know there was a fair amount of work done by the former Government and there was, apparently, a Data Protection Core Group that was set up in 2002. So this is a Bill that has, as we say, seen a lot of r efinements over the years. As Honourable Members have also said, it is certainly a complex Bill in some respects and I think the drafts people and the technical officers deserve a lot of credit for produc ing something which is simple and also very balanced. There has been a lot of thought, as I mentioned earlier, that has gone into tr ying to find something which is bespoke and appropr iate for Bermuda. So we have unashamedly borrowed from a number of differ ent areas. The bottom line here though is that in order to part of this adequacy fram ework it is important that we follow to the degree we can, while still obviously making it Bermudianised, we follow some of the very core principles and protections that are in place, particularly in the EU and other places.
Bermuda House of Assembly One Honourable Member noted that there is review and, I think, just in the last few years since we have been working on this as a Government it has been very much a moving target. We refer to the changes in the EU and the fact that the European Court essentially bounced out the original “ Safe Harbour” protections for the United States. We know that the European Union treats this very seriously so part of the effort here, in addition to simply trying to make sure that Bermudians’ and residents’ personal infor-mation is adequately protected, is to make sure that Bermuda is part of this overall framework. And that is why there has been a fair amount of careful crafting and looking to make sure that the Bill as written r eflects a lot of the provisions that are in other pieces of legislation while trying to reduce the amount of, I will say, bureaucracy. So as we get into it , there may be some questions as to what , you know, where have you reduced this and I thi nk we can tackle those when we get into Committee. Suffice it to say that the European Union alone has hundreds and hundreds of pages of regul ations. We are going to try and avoid that as best we can here by trying to keep it simple and by allowing the Commissioner to do his or her job and effectively make sure those guidance notes are to the point and as clear as the legislation is itself. So, Mr. Speaker, let me try and address some of the questions that were put by Honourable Mem-bers and I am sure ther e will be more when we get into Committee. Let me start with my honourable friend, Mr. Crockwell, the Honourable and Learned Member. And I think one of the issues that he raised was being able to claim or recover for financial loss and emotional stress. A nd the answer is yes in both cases. He is closer to it than I am in terms of his practice, but I gather that emotional distress is something that the courts can deal with, have dealt with, and probably will be able to deal with here. And that is not up to the legislation to decide, that is going to be up to a court to decide when the claim is made, and the same for f inancial loss as well. And clearly that could easily come, as a number of Members have commented, on a cyber breach of some sort . In the United States we have seen a lot of this where a company has been breached and credit card records, social security numbers, all sorts of inform ation is out there and there have been, essentially, claims made and effectively redress against those that have suff ered loss under this. So I think, clearly, that is very much a part of the Bill to provide some protection to those who suffer financial or economic distress or emotional distress as a consequence of a breach or other misuses or abuses of their personal information. With regard to the issue of summary indic tment versus the . . . sorry, what was the other part of it? Summary indictment or — [Inaudible interjection]
Dr. the Hon. E. Grant Gibbons: Yes. W hether it is summary conviction or conviction on indic tment, yes, thank you. The answer is , I think , fairly simple. That is going to be decided by the DPP when reviewing the case and looking at the seriousness of the offence. Let us see, the Honourable Member , Mr. R oban, asked a number of questions, one of w hich was related to what degree does this follow the Data Pr otection Act in the UK and other UK legislation? The answer is that the UK legislation, to some degree, was based on EU legislation which it follows fairly closely. So by and large because it is t he EU we will be looking to for an adequacy finding. That is the legislation that we have kept a careful , very careful watch on. And the UK basically because they are part of the EU now and will probably want to remain to be considered an adequate jurisdic tion after Brexit, I think there will be a consistency there. The Honourable Member also asked about decommissioning of computers, servers, things of that sort. There are, as he probably knows, internationally recognised standards for the destruction of personal information and information on computers. And I think the Honourable Member will have seen in the Act that there is a provision in here for codes of practice. This is something that the Commissioner could possibly look at and review and maybe provi de some guidelines as well. It does give me the opportunity to say that one of the provisions in the Bill, which you will see over and over again, Mr. Speaker, is this issue of not keeping personal information for people longer than or more than is required. And that is , it not only protects the personal information of a client or a customer, but also protects the organisation because if you have got stuff on there that goes back years and it is no longer required and there is a breach of that and it gets out in the public domain, then that organisation is going to be liable for any claims made against it. So it does really say that if you are an organisation and you are keeping personal information on individuals, you want to keep it up to date and you want to keep it relevant, and you want to keep it constrained to only that which you need in the event that it does become sort of loose. There have been a number of comments about the issue of , I guess , the Internet and the broader sort of web out there. It i s important to reco gnise that the PIPA Bill only refers to information — personal information—that is used or distributed or basically manipulated in Bermuda. So F acebook, for example, is not an organis ation which is based in Bermuda. But on the other hand, I think it is important to recognise that F acebook has to operate in a lot of other jurisdictions and they are probably keeping a very keen watch on what the 2584 15 July 2016 Official Hansard Report
Bermuda House of Assembly European Union, the United States, the UK, Canada, and others are requiring of them. And, again, this gets into this issue of the trusted network as well. I guess I would simply say that, and Honourable Members have commented on it, people need to be very careful what they put out there because it does not disappear. And I think that is good advice f or anybody who is putting personal stuff on the web because once you put it out there yourself then it is considered to be, to some degree, in the public domain. I think those were the major questions that the Honourable Member asked. There is a revision here as we will see that if you have collected data up to the time that the Bill becomes operational , it is gran dfathered and assumed to be given with consent, but as soon as the Bill comes into effect, again, the prov isions of the Bill apply —or the Act app lies—which means that you only can keep as much as you need and it has to be for a specific purpose for which it was collected. So there will be some editing I suspect g oing on that side. I think the Honourable Member Walton Brown commented on the issue of the Commissioner not b eing a lawyer. I think that his comment is fair. There is no provision that it is required. Clearly though, there will probably be a need for some sort of legal advice within the office of the Commissioner because after all this is legislation and statutory. The Honourable Member also asked about cybersecurity , and I think if I understood his question correctly , cybersecurity is very much seen as part of PIPA and it is considered within how the Bill was constructed as well. I think it is important to also just recognise that, and I think I did a statement on this a few months ago, Government also takes this issue of cybersec urity seriously. As I said in this H onourable Chamber , we are using the NIST (National Institute of Science and T echnology) standards from the US as the framework for Government. But I think all organis ations, whether they be large or small, need to think very carefully about cybersecurity because there is liability with or without this Bill, but there is specific liability in this Bill if you do not protect personal information properly and there is a breach and you are seen not to have taken adequate precautions. Obv iously, if you have tak en adequate precautions , that is something that would be taken into considerat ion and, again, I suspect that is something that the Commi ssioner may wish to do a code of . . . sort of a code of guidance on when that comes out. I think, Mr. Speaker, those were the most of the comments and most of the questions and at this point I woul d thank Honourable Members , and ask that the Bill be committed.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Minister has asked that the Bill be committed. Any objections to that? There are none, and so I would ask that the Deputy [Speaker] please take the Chair [of Commi ttee]. House in Committee at 3:17 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON …
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Personal Information Protection Act 2016. I call on the Minister in charge to proceed. Minister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I am told that Honourable Members …
Members, we are now in Committee of the whole House for further consideration of the Bill entitled Personal Information Protection Act 2016. I call on the Minister in charge to proceed. Minister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I am told that Honourable Members on that side would like me to move all the clauses. I am quite happy to do that.
[Inaudible interjection]
The Chai rman: It has been moved—
Dr. the Hon. E. Grant Gibbons: They also asked me to talk short, I assume that means be brief.
[Laughter]
The ChairmanChairmanWell, let us just find out for sure. It has been moved that clauses 1 through — Dr. the Hon. E. Grant Gibbo ns: Fifty-two.
The ChairmanChairman—fifty -two be moved. Are there any objections to that motion? No objections. Agreed to. Dr. the Hon. E. Grant Gibbons: All right, very good. Thank you, Madam Chairman. Clause 1 is the citation and that is the Personal Information Protection Act 2016. Clause 2 is the interpretation and provides …
—fifty -two be moved. Are there any objections to that motion? No objections. Agreed to.
Dr. the Hon. E. Grant Gibbons: All right, very good. Thank you, Madam Chairman. Clause 1 is the citation and that is the Personal Information Protection Act 2016. Clause 2 is the interpretation and provides a list of definitions and interpretations used in the Bill. Clause 3 is the application, sets out what is captured by the Bill. The PIPA Bill covers all organis ations, including government , that use personal information in Bermuda in both electronic and structured manual form. And it is important to recognise that it is
Bermuda House of Assembly personal information used in Bermuda, or manipulated or changed or whatever , in Bermuda. Clause 4 provides exclusi ons, and this clause identifies a list of exclusions from the PIPA Bill that will enable society, business, government and the courts to operate. These include: personal information used for domestic purposes, business contact information, archived information , among others. There is also an exemption for artistic, literary or journalistic purposes subject to publication in the public interest and to pr otect the right for freedom of expression. It also ind icates a provision that the PIPA Bill prevails over all other legislation except for the Human Rights Act 1981 with respect to the use of personal information only. And an organisation cannot contract out of its obligations under the PIPA legislation. Clause 5 is for responsibility and compliance. And this clause establishes that organisations have certain requirements under PIPA and they should act reasonably in meeting their responsibilities. An organisation should also take into consideration the sensitivity, context, and risk to the individual of the personal information they use. Organisations remain responsible for the personal information they transfer to a third party. This naturally creates confidence and trust between the organisation and the individuals whose person information is being used and for-warded on. The organisation should also appoint someone to act as a Privacy Officer who will be the main point of contact for the PIPA legislation. A group of organisations under common ownership can appoint a single Privacy Officer in order to provide fl exibility in meeting their obligations. Clause 6 provides conditions for using personal information. It sets out the criteria for the use of personal information by organisations. The list of those lawful conditions is broad in order for organis ations to be able to provide the required services. It covers all those situations that have been found to be necessary over years of use in countries that have implemented this type of legislation. Provisions i nclude consent and requirement that an individual shoul d be aware of the implications before making a decision to consent. Clause 7 covers the issue of sensitive personal information and it identifies those areas of per-sonal information that are generally regarded as being sensitive. This includes criteria suc h as race, ethnicity, disability, religion , and political views. Sensitive pe rsonal information may not be used to discriminate against an individual contrary to the Human Rights Act 1981 Part II unless the individual consents or the other lawful reasons a pply. Clause 8, fairness, establishes that the use of personal information may only be made lawfully and fairly. This means that organisations should follow the specific grounds laid out for collecting and using personal information. They should not use th e personal information in ways that have an unjustified or an ad-verse affect on the individual’s concern. Organisations should be transparent about how they intend to use the personal information provided as most of us would expect. I should say here that fairness is really a key element of the interpretation of the PIPA Bill and is the most fundamental and important principle of the EU’s privacy legislation. Clause 9, which deals with privacy notices, sets out that an organisation should provide clear statements known as privacy notices —we have all seen them on the I nternet —about its privacy practices to individuals including the purposes for which their personal information is used. These notices must be supplied to the individual at the relevant time and there are limited exemptions. Clause 10 requires that organisations must use personal information only for the specific pur-poses detailed in the notice provisions in clause 9 (that I just referred to). Personal information can be used in some cases that ar e not specified as being within the original purpose; however, in these i nstances the use must be closely aligned and must not be incompatible with the original purposes. This is to prevent situations of so- called “mission creep.” There are some limited ex cepts which allow for such activity and these include, by consent if necessary, to provide a service or to detect fraud. Clause 11 deals with proportionality. Clause 11 states that the personal information collected and used must be adequate, relevant, and not excessive in relation to the purpose. This is in order to prevent the gathering of more personal information than is needed to provide a service. Clause 12 deals with integrity of personal i nformation. And this clause establishes that organis ations must ensure that the personal information used is accurate and kept up to date as is necessary for the use. It shall not keep the personal information longer than is needed or required by record retention oblig ations. Clause 13, security safeguards, this clause states that personal information must be kept securely using appropriate safeguards to protect against the risks listed. The level of security should be relevant to the type of personal information held and the potential for harm. In other words , it is a sort of sliding scale. Clause 14 deals with breach of security and requires that when a breach occurs that may “a dversely affect” or “adversely impact” an individual the organisation must notify the Commissioner and any individual affected. And this clause marries the EU General Data Protection Regulations and the Alberta Act as well. Clause 15 involves the transfer of personal i nformation to an overseas third party. Clause 15 estab-lishes the conditions for transfers of personal inform ation to all third parties abroad, including subcontractors. As the organisation in Bermuda remains respo nsible for the personal information which it sends to a 2586 15 July 2016 Official Hansard Report
Bermuda House of Assembly third party based overseas, there are various means by which personal information may be safely transferred. Befor e making such transfers the organisation must access the level of protection offered by the overseas third party. The Commission may deem cer-tain jurisdictions as providing adequate protection or may recognise that the organisation to which the personal information is being transferred to complies with an approved certification scheme. Otherwise, contracts can be used to ensure an adequate level of pr otection is provided. There is also a provision for per-mitting small scale occasional transfers to take plac e. Clause 16 refers to personal information about children in the information society. And this clause provides for the requirements concerning services provided to children through electronic or digital means. Consent may be necessary from a parent or guardian and notices directed to a child must be wri tten in such a way as to be understood by a child. A child is defined as up to 14 years. Clause 17, access to personal information, establishes the ability and rights for individuals to access their personal information held by organisations. The clause describes what personal information can be accessed and provided. Access can be refused under certain conditions which are defined. Redacted information can be provided in limited circumstances as specified. Clause 18 deals with access to medical r ecords and this clause states that access to medical records may be refused by the organisation if discl osure might prejudice the physical or mental health of the individual. There is an appeals process. Clause 19 whi ch deals with rectification, blocking, erasure and destruction sets out the rights that an individual has to request that their personal information be corrected, erased, or destroyed. It identifies the circumstances and the processes by which this might be achieved. There are also prov isions included that relate to marketing and advertising and are intended to prevent things such as spam occurring. Clause 20 is the procedure for making a r equest under clauses 17, 18 or 19 and establishes the procedure for accessing and correcting personal i nformation. For this process to occur , an applicant must make a written request to the organisation with all the necessary information provided. Clause 21 deals with compensation for financial loss or distress and states that an individual may make a claim for pecuniary or financial loss or em otional distress for any breach of the Act. Distress is a test well known to the courts and it is not expected to cover frivolous matters. In any legal proceeding for claims of damages or distress under this clause, it is a defence for an organisation to prove it had taken care to comply with requirements of the Act. Clause 22, deals with exemptions . Clause 22 is the national security exemption which allows for a certificate to be issued by the Minister responsible for the PIPA legislation in consultation with the Minister for National Security for the purposes of safeguarding national security. If a certificate is issued, then Parts 2 and 3 of the Act do not apply to the use of persona l information. However, the minimum requirements still apply. Clause 23 provides communications provider exemption and states that a communications provider that acts solely as a technical conduit, that is a pipe, for personal information transmitted by a third party and does not determine its use is exempt from PIPA. This would include telecom companies and I nternet service providers and others. Clause 24 is the regulatory activity and honours exemption. This sets out that, except for minimum requirements, Parts 2 and 3 do not apply to the use of personal information required to protect the members of the public against such things as financial loss, dishonesty, or improper conduct. This relates to relevant functions carried out under statutory provisions, for example, the Crown, Government depar tments, or functions of a public nature. Clause 25 is a general exemption and esta blishes that except for the minimum requirements Parts 2 and 3 do not apply to the use of personal inform ation required for the prevention or detection of crime, assessment or collection of tax or duty. This also cov-ers international agreements and obligations such at FATCA and the Tax Information Exchange Agre ements (TIEAs). Clause 26 begins the section on supervision, and this establis hes the appointment of the Commi ssioner. The office of the Privacy Commissioner is established as an independent public office. The Commissioner in the exercise of his or her functions shall be independent and not subject to the direction or control of any person or authority. This clause pr ovides flexibility as well in that it does not preclude for the office of the Privacy Commissioner to be merged with another appropriate regulator’s office should that be deemed expedient in the future— it could be the PATI office, it could be the Ombudsman, obviously , time will tell. Clause 27 relates to staff and allows for staff and consultants as required to be hired. Clause 28 is funding for the office and accounting and provides for the funding of the office by monies appropriated through the Legislature, and the Commissioner is designated as the controlling officer for the accounts. Clause 29 provides the general powers of the Commissioner. It sets out that the Commissioner shall monitor the administration of the Act and has the necessary powers to ensure that its purposes are achieved. The Commissioner may attempt to resolve complaints and conduct investigations, give guidance and recommendations to organisations, and inform the public about the Act. As the PIPA legi slation is
Bermuda House of Assembly new for Bermuda, the educational role will be an i mportant and ongoing one helping organisations in their efforts to comply with the Act. The Commiss ioner also has been provided with the ability to charge fees for services as appropriate in order to help offset funding from the public purse, but the fees would not be for any services associated with complaints or investigations. Clause 30 provides the power to authorise an organisation to disregard certain requests and states that the Commissioner may authorise an organisation to ignore a request for access, rectification, or other if the requests are abusive or vexatious in nature. Clause 31 provides powers concerning investigations and inquiries , and ensures that the Commi ssioner has the necessary powers to require the prov ision of information relevant to an investigation or i nquiry. This includes seeking a warrant from a judge of the Supreme Court. Clause 32 deals with codes of practice and sets out that the Minister may, after consulting with the Commissioner, issue codes of practice for organisations or sectors in consultation with the relevant individuals and organisations. The codes of practice may be taken into account by the courts when conducting proceedings under this Act. Clause 33 provi des statements not admissible for prosecution and states that in order to encourage full disclosure statements made to the Commissioner may not be used as evidence against an individual. Clause 34 provides for restrictions on discl osure of information and establishes that the Commi ssioner or anyone acting for him or under his direction may not disclose personal information obtained when performing his duties. There are some exceptions which include: in the course of a prosecution, applic ation or appeal; or providing it to the Director of Public Prosecutions, if there is evidence of an offence. Clause 35 provides protection for the Commissioner and staff and sets out that no proceedings shall lie against the Commissioner or his staff for an ything done in goo d faith while performing their duties. Clause 36 provides for delegation by the Commissioner and allows the Commissioner to del egate his duties to his staff. Clause 37, reports by the Commissioner, this establishes that the Commissioner shall prepare an annual report within three months of the end of the year and lay it before the House. Clause 38 is the right to ask for a review or to initiate a complaint , and it states that an individual who makes a request to an organisation in relation to his or her personal information may submit a complaint or ask the Commissioner to review an organis ation’s response or action in this regard. If there are other compliant procedures available, the Commi ssioner may suggest that these first be exhausted before the complaint or review is proceeded with by the Commissioner. Clause 39 is the procedure for a review or in itiating a complaint and sets out how an individual may initiate a complaint or ask the Commissioner to review a decision. This is achieved by submitting a request — a written request —within 30 days of the organisation’s decision or within a reasonable time for a complaint. Clause 40 provides for notifying others of a review or complaint and it requires that on receiving a written request for review or initiating a complaint the Commissioner shall give a copy to the organisation concerned. Clause 41, mediation, allows the Commi ssioner to try to resolve a matter subject to an applic ation for review or complaint by using alternate dispute resolution mechanisms. Thes e include: mediation, negotiation, conciliation , or otherwise. Clause 42, an inquiry by the Commissioner, establishes that if mediation is not attempted or does not work then the Commissioner may conduct an i nquiry. The details and timeframe are specified. Clause 43 involves burden of proof and states that if an individual is refused access to his personal information or information concerning its use, it is for the organisation to establish that the individual has no right. Clause 44, Commissioner’s orders, these ensure that in completing an inquiry the Commissioner has a broad range of powers to deal with the matter. These range from issuing a warning or admonishment all the way through to making an order. Orders may be to confirm an individual’s right or to oblige an organisation to do or not do something required under the Act. Clause 45, judicial reviews, states that any person aggrieved by an order from the Commissioner may apply for judicial review. Part 6, which begins with clause 46, for general provisions, includes disclosure for the purposes of business transaction. This clause— 46— allows an organisation to disclose personal information that it holds during a business transaction. This relates to a purchase or acquisition in respect of an organisation and a prospective party and is subject to strict limit ations. Clause 47 details offences and penalties. It details the list of offences and penalties for infringing the Act. A defence of acting reasonably is provided for certain offences. If a body corporate commits an offence, a director or officer may be held personally l iable for offences committed by his organisation. And the penalties here are generally in line with other Bermuda statutes, but also underscore the seriousness with which this legisl ation and the personal i nformation abuses are viewed. Clause 48 includes the power to make regul ations and establishes that the Minister may make regulations by negative resolution for the purposes of carrying out the Act in consultation with the Commi ssioner. 2588 15 July 2016 Official Hansard Report
Bermuda House of Assembly Clause 49 provides for a review of the Act and it requires the Minister to review the Act within five years of its coming into force. This is to allow for an assessment of PIPA’s impact, but for individuals and organisations. It will shed light on str engths and weaknesses and other matters for consideration as the evolution of technology and society will continue to impact the privacy landscape. Clause 50 states that the Act applies to the Crown. Clause 51 is the power to make consequential amendments and sets out that the Minister may, by regulations, make consequential amendments and other Acts as necessary, which will include the PATI legislation, for the purposes of this Act. And I would just add here, Madam Chai rman, requests for access to one’s personal information held in public records will now come under the PIPA legislation, and r equests to access records which may hold third party personal information will continue to fall under PATI. This is the system that is used by most countries that have both freedom of information and privacy legisl ation, including the small jurisdictions. The two pieces of legislation complement each other and balance the need to protect personal information and the public interest. And finally, Madam Chai rman, clause 52 sets out the commencement and establishes that the Act may come into operation on a day appointed by the Minister and that different days may be appointed for different purposes. And I just may tack on, as I have said in previous remarks, we intend that there be an approximate period of roughly two years to allow for organisations to prepare for the implementation of this legislation. However, the priority is to have the Privacy Commissioner in place early on in order to assist organisations with this exercise. Therefore, the clauses related to the appointment of the Privacy Commi ssioner and the office will come into operation before other provisions. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any Members that would like to speak to clauses 1 through to 52? The Chair recognises the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Chairman. And while I will also speak briefly, as was r equested, I do have a few points I would like to r aise just for the Minister. In clause 5, we should consider , going forward, looking at requiring organisations to demonstrate their compliance on a …
Thank you, Madam Chairman. And while I will also speak briefly, as was r equested, I do have a few points I would like to r aise just for the Minister. In clause 5, we should consider , going forward, looking at requiring organisations to demonstrate their compliance on a regular basis or upon r equest. That is something, I know, that they have been looking at in Canada to sort of make sure that in a spot check people are able to sort of demonstrate that they are following the procedures . I think that would be helpful. Also in clause 5, once we get past the twoyear period, we should consider looking at a tim eframe for new busin esses, in particular, to establish their reporting mechanisms and their policies , and to put in place their privacy officers so that we do not have somebody two, three years down the road that have not put in place these things. They should have at least s ome consideration or timeframe being put in place, once we have got this up and running, for new businesses. Jumping ahead to clause 18, there are some jurisdictions that have used, not just PIPA , but a Personal Health Information Act as well to cover specif ically the issues surrounding health and medical i ssues. Looking at the legislation I believe this covers that, but I would [like to know], just for my information and just to confirm as well for the audience, is there any consideration to breaking out personal health i nformation separate from this Bill? Clause 26, and while it is not question period, I think the public should know , What will be the pr ojected cost of the creation of this new office in terms of the Privacy Commissioner, how many public officers do we anticipate will be required, and [information about] the search that we will be putting forth to ide ntify the individual to fill this role ? Clause 39, having to do with reporting, in Bermuda—and this is outside of the remit of the Go vernment , it is outside the remit of the Opposition, and it is outside the remit of this Act —we have a cultural propensity to not speak up when things go wrong, when we are wronged, when we are abused, and often people will say , Well, what’s the point? Nobody is gonna listen, nothing will happen. Or there is even the fear of retribution. I think it is important that as we move forward and we put in place these provisions to give Bermudians the power, or people residing in Bermuda the power, to raise these issues co ncerned and have them addressed, to build that sense of sec urity that what has happened in the past, what people have personally experienced, what people have heard of being experienced— that their fears, real or imagined will be addressed. I think that is critical. In clause 49, five years is the standard for reviewing this legislation in terms of adapting it and upgrading it, but I would think that the Government should consider reducing that to three years due to the speed and rapid transformation of our technological environment. I mean, you know, I was just marvelling the other day, my sons and I have a PlayStation 4 and if I look at the leap in technology just from the PlayStation 3 , it is huge. And there are new factors and new things coming online th at will be changing what we need, so bringing it down to three years, I think, will make it a little bit more nimble and a little bit more proactive.
Bermuda House of Assembly And for clause 47, jumping back, I will not pr etend to be a lawyer, but —
[Inaudible interjection]
Mr. J amahl S. SimmonsNo, I will not. I actually b elieve that is illegal. But just for my own clarification, in reading this is it clear , or am I not reading it fully, that the Commissioner himself falls under these provisions in terms of the penalties for dis closing and things of …
No, I will not. I actually b elieve that is illegal. But just for my own clarification, in reading this is it clear , or am I not reading it fully, that the Commissioner himself falls under these provisions in terms of the penalties for dis closing and things of that nature? Now, to my unlearned eye , I am not sure, but I would like that clarified as well. Thank you very much.
The ChairmanChairmanThank you. Thank you, Member. Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency 15. You have the floor.
Mr. Walter H. RobanYes, Madam Chairman. Just a question and I did hear the answer of the Honourable Minister to this generally, but in looking at clauses 18 and 20, I am still inter ested in finding out if, perhaps, it could be disclosed what areas of EU law we are modelling, particularly …
Yes, Madam Chairman. Just a question and I did hear the answer of the Honourable Minister to this generally, but in looking at clauses 18 and 20, I am still inter ested in finding out if, perhaps, it could be disclosed what areas of EU law we are modelling, particularly over the access to medical records . And I raise these points because recently we have heard some things in the community about potential violations of personal medical records and it also involved the public body, so I am interested to know what is put in place to protect persons, individuals, from what might be inquiries by public bodies , and what procedures . . . because, obviously, public bodies ma y believe they are making genuine requests of information for their own ability to satisfy their own legal objectives and legal purpose, but what protections are put in place so that a public body when ma king their request or . . . cannot abuse whatever po wers they have? And how does this Act protect from such actions by a public body? But also, if I can just be made aware, partic ularly for clauses 18 and 20, I think those are the ones I am . . . because [clause] 20 seems to outline the pr ocedure for making a request for access to personal information, how . . . what protections are in place for members of the community from the public bodies that might potentially abuse their power when looking for information? Thank you.
The ChairmanChairmanThank you. Are the re any other Members? The Chair recognises the Member from constituency 31.
Mr. Shawn G. CrockwellI thank you, Madam Chairman. I am just raising the same points I raised during the House debate. I do know that the Minister did address the question I h ad in relation to [clause] 21, however, I was quite aware that the level of damages will be at the …
I thank you, Madam Chairman. I am just raising the same points I raised during the House debate. I do know that the Minister did address the question I h ad in relation to [clause] 21, however, I was quite aware that the level of damages will be at the discretion of the courts. I am just making the point that in relation to emotional distress , if you look at the United States, and I very quickly looked at s ome cases in the United States which has a very different damages regime than we do in the UK, (normally damages in the UK is based on actual damages that you can substantiate), so the things like embarrassment, headaches, nightmares, stuff like that recei ved significant damage awards —$50,000 and up —in the United States. I have not had time to look at any real UK cases , but what I did see required severe emotional distress in order to be able to attract a significant financial award. So I just raise that because I think that in rel ation to financial loss, normally if you are talking about something pursuant to a contract, a commercial agreement, they will have their own protections in place like confidentiality clauses, non- disclosures, and the like. I think that the vast majority of the issues will be in relation to personal information that will cause embarrassment , and I am not quite sure if the ind ividuals who will be harmed by it will be able to obtain appropriate redress. Now in [clause] 47, again, I am just asking the question, I cannot ascertain, and I am sure it will be a matter for the Department of Public Prosecutions, the Director, to determine which offence will be a summary offence or an indictable offence. But if I am an organisation reading thi s legislation right now, it is good . . . a person would like to know —I’ve made a mistake and where do I fall?—and maybe I am just not gleaning it properly, but I cannot ascertain . . .normally you will see if you do this, then it is a summary offence and then if it is this, it is an indic table offence—that is not here. It just says that, “A pe rson who commits an offence under subsection (1) or (2) is liable —(a) on summary conviction”, it does not say which is summary and which is indictable, so I just raise that question, Madam Chairman.
The ChairmanChairmanThank you, Member. Are there any other Members? The Chair recognises the Member from constituency 17.
Mr. Walton BrownThank you, Madam Chairman. I have a series of questions .
Mr. Wa lton BrownI am not sure if the Minister wants to answer the litany of questions he already has first or just take a whole bunch of them. 2590 15 July 2016 Official Hansard Report Bermuda House of Assembly The Chairman: That would be fine, if the Minister is prepared. Dr. the …
The ChairmanChairmanThank you, mm -hmm. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman, and it probably would be useful just to deal with some of the ones —
The ChairmanChairmanYes. Dr. the Hon. E. Grant Gibbons:—raised already. Going back to the Honourable Member J amahl Simmons, he referred specifically in his first question about clause 5 and the issue of, I think he really was saying, getting organisations ready. And some organisations as we all know will be very …
Yes.
Dr. the Hon. E. Grant Gibbons:—raised already. Going back to the Honourable Member J amahl Simmons, he referred specifically in his first question about clause 5 and the issue of, I think he really was saying, getting organisations ready. And some organisations as we all know will be very ready, some are probably ready now, and other organis ations will be dragged kicking and screaming through the gate. I think he raised the issue of spot checks and that Canada may be doing that. I think in other regul atory areas, the BMA for example, does this quite a bit. I think this is an issue for the Commissioner to decide. But I take the point. We might have a look at other jurisdictions and see whether it makes sense just to make sure people are ready out there. Obviously, as the BMA has found, this can be quite time- consuming and takes a lot of resources. So I think this is going to be a matter for the Commissioner. But I understand the point he is making and that is it . . . I think as the expression goes, say , a good public flogging gets ev erybody else’s attention. S o maybe that is what he had in mind, I do not know. But we will have a look at the Canada legislation. I was not quite sure the point he was making about new business. I think the issue revolves around this provision that we are going to wait roughly two years before we actually bring the bulk of the legisl ation into effect so the organisations, businesses, will have a chance to sort of prepare themselves. With respect to access to medical records, I think a number of Members raised this issue, I think as Honourable Members will be aware there are kind of different ways of going about privacy legislation. The US takes very much what is known as a sectoral approach to it. They regulate specifically in regard to children and they regulate for HIPAA for medic al records. We have not gone the US direction even though we have had a very careful look at how this Bill will impact US regulations. A number of companies here already have to deal with HIPAA anyway — insurers, for example, have to if there is back and forth between here and the US. I think the answer is we have taken, with r espect to the medical, we have taken sort of , in the beginning , a bit of a PATI approach and also an Alberta approach in the sense that we have taken a more of a high-level approach to it. The EU as I understand it , has very, very detailed requirements and conditions for medical records. And I think in the first instance here we were taking what I will call a more organis ational -friendly approach to it. That does not mean the protection is not there, but I think we have been very careful not to provide an incredible amount of bureaucracy with this. I think as time goes on and with reviews , we will find that there may be a need to supplement, reinforce, strengthen, whatever, but I think right now we are going with what I will call a more of a Canadian approach, keeping an eye on the EU for adequacy reasons, but trying to be sort of reasonable and more simple about it. So we will see how that goes. The Honourable Member also asked about costs and I am sure he remembers the Budget di scussion completely. In the Budget discussion there was a provision of $665,000 that was budgeted in this financial year —2016/17—for the Office of the Commissioner. That was for three positions —a Privacy Commissi oner, an Assistant Commissioner , and an Administrative or Office Manager —and basically there was also a provision there for office expenses and things of that sort. Obviously , the early days of the Commissioner are going to be education, making sure that people are appropriately up to speed with where the Bill requirements are, and trying to get the com-munity wrapped around this idea that information needs to be protected. Let us see . . . I am not sure I can say much about the issue of not speaking up. I think, to some degree that may also be an issue with respect to the education responsibilities of the Privacy Commi ssioner. I think the Honourable Member was saying that in Bermuda sometimes we have an unwillingness to speak out. I think that really comes down to the Pr ivacy Commissioner getting across the point that you have these rights and , you know, speak now or forever hold your peace kind of thing. Let us see, the Honourable Member also raised the question of whether we should wait five years after t he Act comes into effect to do a review. My sense on this, and just having talked to the technical people involved with this, that we are already going to see in the next couple of years changes and sort of amendments to the Act. People will be pleased, and I am sure you will be too, Madam Chairman, you will notice there were no amendments today at all, unlike a couple of days ago, so people were pleased with that. But I think it would be fair to put people on warning that this area is changing, it is evolving, and that as this Bill now is starting to be taken seriously, assuming it is passed by the Legisl ature, then people will start coming back and asking
Bermuda House of Assembly questions and there may be other issues that are raised, as there were in the consultation period last year and those have been by and large, I think, taken into account here. I think the last question with respect to the Commissioner . . . actually, sorry, my note is not complete on this . So with regard to the Honourable Member, Mr. Roban, he did ask again about medical r ecords. I think I have addressed that. I was not quite sure . . . he was saying that there may be a sense where a public body makes a request and I am not quite sure how to interpret that. But I think, suffice it to say, that obviously medical records are considered under clause 7—sensitive information—so they have an additional level of protection , as it were, which is the reason why they are treated as such in the United States as well. Let us see, the Honourable Member , Mr. Crockwell , came back to summary or indictable offences and I think I have a better understanding of what he is getting at here. And that is if you are an organisation, how do you figure out whether you are going to be charged with a summary or an indictable offence w ith the provisions that are in the legislation. And, again, I think he is probably better able to answer this question than I am. That may be something that needs to be clarified or we may simply come back to the answer that was given previously, which is, the DPP is going to look at the offence taken, the severity of it, who did it and all those other issues and then decide whether it is something that gets dealt with in a summary way or whether it gets dealt with, I guess, in the Supreme Court. So I am not sure there is a better answer for that right now. But I take the point, I think what he is saying here is that clarity might help here, or more definition. Let us see . . . I think, yeah, actually the other point I was going to make was we look at the offences here and the penalties , and I was interested to see that in the European Union the penalty for an organi-sation can be as much as €20 million, or 4 per cent of their total worldwide turnover. So I think people should be pleased that we have not gone for the nuclear o ption here. Thank you, Madam Chairman.
The ChairmanChairmanThank you. The Chair recognises the Member from constituency 17.
Mr. Walton BrownThank you, Madam Chairman. I have a few questions on a few of the clauses. First let me say , I long for the day when we have actual gender neutrality in our legislation. I do not know why we have not done that yet, but there is always hope.
Mr. Walton BrownThe exclusion clause, Madam Chairman, says that —in section 4 —it says that this law does not apply to someone who has been dead for at least 20 years. I can imagine a number of sc enarios in which disclosure of information about som eone who has been dead for …
The exclusion clause, Madam Chairman, says that —in section 4 —it says that this law does not apply to someone who has been dead for at least 20 years. I can imagine a number of sc enarios in which disclosure of information about som eone who has been dead for just over 20 years could be quite disconcerting for his or her family members. And given that we are going to have a two- year delay period, I am hopeful that the Minister can at le ast give some consideration to the full implications of having this section included in the legislation. Secondly, the Bill refers to, in clause 4(1)(i) , it refers to personal information that could be used by a member of the House of Assembly or Senate a nd that such personal information is likely to be covered by parliamentary privilege. You know, Madam Chairman, we had a situation last year where a Member of this Honourable House actually committed a PATI viol ation, and that cannot be the case that any t ransgression of the law is protected by parliamentary privilege. And I know that in other jurisdictions it is for the courts to determine what the limit of parliamentary privilege is. So I would hope that in this two- year intervening period there can be some consideration given to having this actual clause amended in some way. My third question relates to clause 6(3)(b) , and clause 6(3)(b) refers to information being passed on as required by another jurisdiction. And I do not understand what this means , I am not a lawyer , so I need to get clarification. So we are talking about the use of personal information for the purpose of compl ying with an order. So are we, in this piece of legisl ation, saying that Bermuda—a company in Bermuda— can be compelled to provi de information by another jurisdiction? And is it any jurisdiction? Or is it a juri sdiction that is compliant with the protocols that you referred to earlier? Section 7 talks about sensitive personal i nformation. We have a challenge with discrimination anyway in Bermuda, Madam Chairman, and companies and entities will use information to discriminate. It is a hard thing to prove, but at a very minimum it might be appropriate for Government to consider amending this piece of legislation to require that companies or anyone collecting information actually justify why they are asking certain questions , because I suspect some questions do not need to be asked. I can think of one question, why do you need to give your marital status on so many forms? So could we at least have some sort of protocol in place which says an entity needs to, on request at least, provide the justification for the collection of information because not all information is relevant? People just feel compelled to give the information because they want something from that organisation and I would suspect that many times it is highly inappropriate. Clause 19 refers to amending information. This has the potential for being in conflict with PATI because Public Access to Information is all about pr o2592 15 July 2016 Official Hansard Report
Bermuda House of Assembly tecting the integrity of data and information. It is entirely possible that there will be times when inform ation does need to be amended, but I would, again, in the intervening two- year period, suggest that there be some protocol or regulation in place th at says any i nformation changes have to be tracked. Because I can imagine a situation where a particular kind of data exists that might be incorrect which could be very well used as the basis for some action of some sort and it is later changed. So if we do not track the change in data, that would provide a challenge for any action that someone may choose to undertake. So what we do not want to do is have this Bill run in conflict with obligations and commitments under PATI. My honourable colleague , Shawn C rockwell , in [clause] 21 spoke about compensation. And this Bill only provides compensation for two scenarios — financial loss and emotional distress. Again, I would like to propose that there be an additional section i ncluded; a line item which covers a penalty for the wilful violation of such privacy. Someone could have their information violated, they may not suffer emotional distress, they may not suffer financial distress, but there should be some penalty in place which is a pun itive penalty purely and s imply for those who abuse the protections provided by this legislation. So, again, I am looking for an undertaking by the Minister , at the very minimum , to address this kind of issue to provide for some kind of punitive damage.
[Inaudible interjection]
Mr. Walton BrownI read this Act very carefully, did I miss [clause] 47? Okay. I am happy to be corrected. So [clause] 35 is a section that I have seen in other legislation, that exists in PATI legislation, this is the . . . I cannot use the correct term in Bermuda …
I read this Act very carefully, did I miss [clause] 47? Okay. I am happy to be corrected. So [clause] 35 is a section that I have seen in other legislation, that exists in PATI legislation, this is the . . . I cannot use the correct term in Bermuda . . . it is to cover something. . .a catch -all, sorry, it is the catch -all term that is used in these types of laws to protect civil servants. And it says very clearly that you cannot be held liable for an action that was undertaken in good fai th. But the wording is problematic because the wording only refers to an active act, a deliberate act, of an individual in these organisations. What is missing is the consequence of negligence, i.e., the failure to act. And negligence can legitimately lead to or create an act of bad faith. If you have sy stemic negligence it amounts to, in the eyes of some courts, bad faith, and so I would like to see that issue or concern reflected in the legislation as well.
[Inaudible interjection]
Mr. Walton BrownI am not talking about Hillary Cli nton. And the last point I will make is with regard to the fines —$25,000; $250,000—this is great. But again the Government seems to have a penchant for having higher penalties for any issue that involves private sector violation. If you juxtapose these …
I am not talking about Hillary Cli nton. And the last point I will make is with regard to the fines —$25,000; $250,000—this is great. But again the Government seems to have a penchant for having higher penalties for any issue that involves private sector violation. If you juxtapose these penalties to the PATI violation penalties, you are in an altogether di fferent scale. So given the interconnection between PATI and PIPA, I would suggest, respectfully, to the Minister that you do not lower these penalties, but you actually increase the penalties for PATI to ensure there is a greater degree of culpability Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. Do you want the answers first? Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. Madam Chairman, just a question under [clause] 25, general exemptions. I am …
Thank you, Member. Do you want the answers first? Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency 36.
Hon. Michael J. Scott: Thank you, Madam Chairman. Madam Chairman, just a question under [clause] 25, general exemptions. I am just wondering whether the CALEA -type of intercepts and information connected with CALEA -types of intercepts are adequately captured by the general exemption in clause 25(a) the prevention or detection of crime, et cetera, or whether we need to be more explicit and incorp orate or put in place—not put in place—put in play CALEA- types of communications as exempted so that the police are protected.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the Personal Information Protection Act? The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Let me rewind here to some of the comments from the Honourable Member Walton Brown. And …
Thank you, Member. Are there any other Members that would like to speak to the Personal Information Protection Act? The Chair recognises the Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Let me rewind here to some of the comments from the Honourable Member Walton Brown. And let me start with the question about parliamentary priv ilege. I think what is important to recognise here is that the exempti on here is only in the House and so, in other words, if an MP goes outside in the same way that I think would happen now, if the MP says som ething liable or slanderous outside, they are not pr otected. But I think the issue is within this Chamber, the Speak er and the Members of the House should regulate what is appropriate and what is not , and that is why that exemption is given. So it is a very narrow exemption in that regard and I think we need to go vern ourselves accordingly , is the best I can say about that. With regard to the 20 years provision, and that was in . . . let us see . . .[clause] 4? Yes, I will just find it. Yes, I think the exclusions here actually reflect some of the provisions found in other legislation. I know for a fact that [clause] 4(e) which talks about someone [whose personal information] has been in existence for at least 150 years —from the Alberta model —I suspect the (d) may have been the Alberta model as well. Different countries may have a slightly
Bermuda House of Assembly different number of years there. I think the EU may have 30 years there. The idea is not that everything about somebody will be released after 20 years; it is just that at that point it is considered to be far enough along that that individual , per se, having been dead for 20 years , is no longer protected. So it is not as though the information can be released freely. So I think . . . I am not sure I answered that completely, but that is a model that is used in other places I think would be the best way to put it. With respect to [claus e] 6(3)(b) and that is the issue of “If an organisation is unable to meet any of the conditions of subsection (1), then it may use personal information only if” and then it says “the use of the personal information is for the purpose of compl ying with an order made by a court, individual , or body having jurisdiction over the organisation.” That and 6(3) (a) really refer to some of the issues we are dealing with, with respect to FATCA and TIEAs where you have an application to the Mi nister of Finance and the Minister of Finance then gets the court to order someone to disclose information that may be in a bank or it may be financial inform ation, but I think we have seen problems, I think France was a good example, where if stuff does not move quickly enough th en the country as a whole gets blacklisted. So this is a balance and I think right now we need to have provision in here that the ability under say a FATCA or under a TIEA is not blocked by PIPA and this exclusion is there for a very specific purpose. And it only applies to information that is actually in Bermuda, not other international agreements. Let us see . . . the question was asked by the Honourable Member, I think it was expressed as irrit ation, why do I need to tell somebody whether I am married or not? And I think the PIPA legislation is pretty clear. You should only be asking for information that is relevant to the purposes at hand. And so, if somebody asks that Honourable Member for his mar ital information and he is irritated he can go to the Commissioner and complain that marital information is not requested here. There are issues with respect to applications for various things where an organisation, in order to provide a service, is looking for information and may be looking to see whether ther e is somebody you are associated with or other issues. So there may be good reasons, but in other cases the Honourable Member is quite correct, if it is not necessary , then the organis ation should not be asking for it. I guess there may be statutory requi rements or contracts that require that information as well, so that is going to have to be worked out between an individual and the organisation with which a transaction or some sort of a statutory requirement is pr ovided too. The Honourable Member also asked about PATI and some of the issues involved with PATI legi slation. I think we have said before that there needs to be— we did not have an opportunity to do it this time— but there needs to be a harmonisation exercise to look at the provisions in this Act . It could be fines, it could be issues where PATI is saying one thing and PIPA , because it is protecting personal information, is saying another. That harmonisation process will go on now once the Bill is actually passed, but that was my reference to the fact that we will be back in this House in due course looking probably at other consequential amendments to PATI as a consequence of this particular legislation. The Honourable Member also raised the question about incorrect data under PATI and som ebody using PIPA as a way to expunge something which should be revealed. There is a provision in here . . . let me just find it . . . with respect to if somebody has an objection to . . . let us see . . .Is it [clause] 19? Bear with me, Madam Chair man.
The Chair man: Take your time.
Dr. the Hon. E. Grant Gibbons: Yes, [clause] 19. There is a provision in here that if someone accesses their personal records from an organisation and let us say there is something that is incorrect, completely factually incorrect, then they can go ahead and change it —the birthdate is wrong, I am not married, no I do not have 10 children, you know, whatever it may be. But if there is, for example, an expert opinion or something else where you have a professional, for example, that is providing an opinion about som eone’s practice or something else, that can be cha llenged, but the writer of that opinion needs to be consulted before there is a change. If the writer of the opinion decides that , No, I stand by my opinion, then what happens i s, according to the Bill, the complai nant who says that it is wrong gets to . . . and the organisation must put the original opinion next to the expression of disagreement by the complainant to it. So it is in the file in the same place—both records are there—so it is not an expunging of that, but it is in fact , essentially , there are two different points of view on it. Let us see . . . with respect to the issue of compensation for only two areas —emotional stress or financial stress —I think the penalties at the end are basically in relation to the Bill. If an organisation —it is not just those two—if an organisation does not comply with the Bill they can be fined for that and I think, again, it is a question of how serious it is. If it is clear that they hav e been warned or there has been an i nvestigation already and they continue to do it, then the hammer drops , as far as I can see. But that is up to the DPP , and the Commissioner also can obviously refer stuff to the DPP as well. So I think there is prov ision in there for that. Let us see . . . yes, with regard to the issue of gender neutral drafting, I have a note here from the Chief Parliamentary Counsel that that is not the House style in Bermuda. It is not easy to implement 2594 15 July 2016 Official Hansard Report
Bermuda House of Assembly because of our convention of using “person” to include companies, et cetera. So we would need to go through a lot of legislation and say “he,” “she,” or “it.” So it is a little more complicated and I would ask the Honourable Member to take it up with the Chief Par-liamentary Counsel and I am sure she will learn him up in relation to what is required and what is acceptable here. I said that in jest, Madam Chairman, so I hope the Honourable Member does not take that as an offence. With regard to the protection of the Commi ssioner and the staff, this is pretty standard language as far as I understand it , and I understand the Honourable Member is saying that . . . there obviously needs to be an issue here. Clearly , there is a balance here. There needs to be some protection otherwise people w ould not take the job because it would come with a fair degree of risk. But I think the issue of negl igence would not necessarily be in good faith. So there may be a provision there. I think the Commissioner is also subject to judicial review and I think anything can be appealed here as well, so I am probably a little outside my wheelhouse in terms of what , you know, the legal aspects of this are, but my sense is, from what I have been hearing, is that negligence is a di fferent animal altogether and would n ot be necessarily considered [to be] in bad faith. I talked about the harmonisation of PATI and PIPA and the other issue that was raised by the Honourable Member , Mr. Scott , was with respect to CALEA legislation . I do not have a simple answer — well, maybe I do. Yes, with respect to CALEA , that would be considered to be communications in exi stence for law enforcement and, therefore, the PIPA Act provides exemption for law enforcement. So CALEA would come under the exemption or provision for law enforcement. Let us see . . . yes, okay, I believe I have touched on most of the questions asked. Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Personal Information Protection Act 2016? There are no other Members. Minister, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I would ask that clauses 1 through—
The ChairmanChairmanFifty-two? Dr. the Hon. E. Grant Gibbons: —52 be approved as printed.
The ChairmanChairmanIt has been moved that claus es 1 through 52 be approved as printed. Are there a ny objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 52 passed.] Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move the Preamble. The Cha …
It has been moved that claus es 1 through 52 be approved as printed. Are there a ny objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: Clauses 1 through 52 passed.]
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move the Preamble.
The Cha irman: It has been moved that the Preamble be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel]
Dr. the Hon. E. Grant Gibbons: Thank you. I ask that the Bill be reported to the House as printed. Thank you.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Personal Information Protection Act 2016 was considered by a Committee of the whole House and passed without amendment.] House resumed at 4:19 pm …
It has been moved that the Bill be reported to the House as printed. Any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: The Personal Information Protection Act 2016 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 4:19 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
PERSONAL INFORMATION PROTECTION ACT 2016
The SpeakerThe SpeakerHonourable Members, we have had the second reading of the Personal Information Protection Act 2016 approved. And we now move to Order No. 7 on the O rder Paper and it is the Public Health Amendment (No. 2) Act 2016 and it is in the name of the Minister of …
Honourable Members, we have had the second reading of the Personal Information Protection Act 2016 approved. And we now move to Order No. 7 on the O rder Paper and it is the Public Health Amendment (No. 2) Act 2016 and it is in the name of the Minister of Health and Seniors , Minister Jeanne Atherden. You have the floor.
BILL
Bermuda House of Assembly SECOND READING
PUBLIC HEALTH AMENDMENT (NO. 2) ACT 2016
Hon. Jeanne J. Atherden: Mr. Speaker, I move that the Bill entitled the Public Health Amendment (No. 2) Act 2016 be now read the second time.
The SpeakerThe SpeakerAre there any objections? Then please carry on, Minister. Hon. Jeanne J. Atherden: Mr. Speaker, and Honourable Members of the House, the Public Health Amendment (No. 2) Act 2016 was tabled on the 1 st July 2016. Mr. Speaker, this Act amends the Public Health Act 1949 and is intended …
Are there any objections? Then please carry on, Minister. Hon. Jeanne J. Atherden: Mr. Speaker, and Honourable Members of the House, the Public Health Amendment (No. 2) Act 2016 was tabled on the 1 st July 2016. Mr. Speaker, this Act amends the Public Health Act 1949 and is intended to: 1. control fats, oil and grease (FOG) inputs into sewers at source; 2. enable the provision of regulations to require the installation and maintenance of FOG - removing appliances, such as grease inter-ceptors in food establishments; 3. enable the prescription of regulations of a performance standard for grease interceptors; 4. provide compliance mechanisms to facilitate the enforcement of the requirements to install and maintain grease interceptors; and 5. improve marine water quality in Bermuda.
Mr. Speaker, in 2014 grease balls from the Corporation of Hamilton’s sewage outfall came ashore at Grape Bay Beach. Strenuous efforts have been made to prevent recurrences. The Caribbean Public Health Agency (CARPHA) visited Bermuda and a udited the Department of Health’s (D OH) sea water sampling programme. One of CARPHA’s recommen-dations was that Bermuda should enhance efforts to reduce grease emissions and improve grease collec-tion from local restaurants via the implementation of grease traps and increased inspections to ensure compliance and adequate maintenance. Mr. Speaker, 67 food establishments connec ting to the City of Hamilton sewer system installed grease interceptors by March 31, 2015 in compliance with the Corporation of Hamilton’s (COH) FOG Policy. Food establishm ents connecting to the Town of St. George’s sewer system have been surveyed by the Corporation of St. George and are now installing grease interceptors. Mr. Speaker, the intent now is that FOG regulations are to be made that will apply to all food establishments in Bermuda. All these establishments that have cess pits in Bermuda are indirectly connected to a sewage outfall because septage haulers, after pumping out cess pits, discharge into the plant at Tynes Bay that connects to the City of Hamilton’s sewer via pipes that run under Palmetto Road and Dutton Avenue. It is important, therefore, that grease is removed at source in all food establishments. Mr. Speaker, it is proposed to amend the Public Health Act 1949 to create regulations under section 14 of the Act, requiring grease interceptors and pr escribing relevant standards for their performance, maintenance and inspection. Mr. Speaker, it is proposed to amend the Public Health Act 1949 to enable civil penalties to be i mposed against any person, who in contravention of any regulations made under section 14, allows articles or substances which are liable to damage, block, or be prejudicial to public health when introduced into a sewerage system, to be deposited into the sewerage system. Mr. Speaker it is proposed to amend the Pu blic Health Act 1949 section 156 so that regulations controlling food establishments include the requir ement for FOG capture, collection , and disposal so that compliance can be regulated through the food (vict ualling) establishment licence. Mr. Speaker, I hereby introduce the Public Health Amendment (No. 2) Bill 2016 to this honour-able House on behalf of the Ministry of Health and Seniors. Thank you, Mr. Speaker
The SpeakerThe SpeakerThank you, Minister. Any other Honourable Member — [Nois e from electronic device]
The SpeakerThe SpeakerWhat is that? [Inaudible interjection] Hon. Michael J. Scott: Do not get upset, just turn it off. [Inaudible interjection]
The SpeakerThe SpeakerAll right. The Chair will recognise the Learned Member from constituency 36— Hon. Michael J. Scott: Thank you, Mr. Speaker.
The SpeakerThe Speaker—MP Michael Scott. Hon. Michael J. Scott: Mr. Speaker, on behalf of the Shadow Minister for Health I indicate that this , an amendment to the Public Health Bill , that the Oppos ition takes . . . has some questions about and I will leave them to—
The SpeakerThe SpeakerHey, hey, hey, hey — 2596 15 July 2016 Official Hansard Report Bermuda House of Assembly [Gavel]
The SpeakerThe SpeakerCarry on, Honourable Member. Hon. Michael J. Scott: The amendments are supported because, obviously, it should be supported, these measures to regulate these problems that have been identified by the Minister of Health and the Mi nistry of Health as it relates to municipality sewerage. So I want to indicate …
Carry on, Honourable Member. Hon. Michael J. Scott: The amendments are supported because, obviously, it should be supported, these measures to regulate these problems that have been identified by the Minister of Health and the Mi nistry of Health as it relates to municipality sewerage. So I want to indicate that there are some questions that have been brought to my attention by colleagues that I am sure the Minister can both tackle and deal with with the advice of her officers within Health. But in general principle, the platform of ensuring that there is better regulation of devices and equipment to ensure that harmful substances are not introduced into the sewer stream and does not result in environment al damage to our environment, are things that we are happy to support. And I am sure that we may hear proposals or questions that lead to even better reduction of [harmful substances] and the elimination of these kinds of substances and products. So thank you, sir.
The SpeakerThe SpeakerOkay. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 4, MP Roberts -Holshouser, the Deputy Speaker.
Mrs. Suzann Roberts -HolshouserThank you very much, Mr. Speaker. I am glad to have the opportunity to stand up to support and acknowledge the work that went into the Public Health Amendment Act (No. 2). In the UK they have a little tag that says “Stop and think —not down the sink” and …
Thank you very much, Mr. Speaker. I am glad to have the opportunity to stand up to support and acknowledge the work that went into the Public Health Amendment Act (No. 2). In the UK they have a little tag that says “Stop and think —not down the sink” and I think that that is really important. While this legislation is established particularly for our restaurants, or as the legislation says, the victualling establishments, Mr. Speaker, it is important I think for all of us to understand the importance of recognising that grease— oils from fat —are some e of the few very difficult elements to actually get rid of. So it is important that the establishment of these regulations to intercept grease is really, really important for our environment, including in our hous eholds. Because as the grease, for example, as we are frying bacon , we know that that grease is liquefied and it is easy to pour down the drain, but unfortunately like other greases, it starts to thicken and will gradually begin to line the pipes of our sinks causing more chal-lenges for individuals even in their own homes as it solidifies and becomes a blockage in the drains. One of the other things that I could not help but take a look at, simply because a friend of mine has a very severe allergy to contaminations when it comes to grease, is one of those things that I have been educated in over the past few years and I cannot help but utilise this opportunity to point out even in our cooking facilities in our restaurants the importance of making sure that our greases are not contaminated. For example, individuals who have severe allergies to things like shellfish will go into environments and they will ask in these fooderies whet her there is contamination, and for the most part a lot of these i ndividual facilities do not understand the importance of why you cannot use the same grease or the same fat to, for example, fry their shellfish and their French fries. Mr. Speaker, it comes to a point that some individuals can suffer very dramatic health issues as a result of the contamination of these greases. So, Mr. Speaker, with those few words I want to say thank you very much for implementing . . . and we hopefully will not see greas e balls continuing to float. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 13, MP Rabain. You have the floor.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. I too w ish to get up and echo the comments of my colleagues about this progressive movement. It was some time ago, I am sure all of us are old enough to remember those little boxes that used to be outside of our kitchens. We …
Thank you, Mr. Speaker. I too w ish to get up and echo the comments of my colleagues about this progressive movement. It was some time ago, I am sure all of us are old enough to remember those little boxes that used to be outside of our kitchens. We used to call them grease traps . And the purpose of those grease traps was just that. However, we have moved away from that in terms of residential, we now use what is called vented trap sy stems, which do not work as well, but it accomplishes sort of what we are trying to get to the point here. But Mr. Speaker, what I wanted to point out (and I do appreciate the Deputy Speaker actually kind of touching on that ) is that this particular legislation is aimed at, and I quote from the Minister, “food esta blishments” that connect to the municipalit y’s pipes. But Mr. Speaker, in actual reality in the City of Hamilton and in the Corporation of St. George’s there are more residences that connect to these pipes than there are food establishments. And so if we are trying to elim inate grease from getting in to our sewer systems, this is something we need to do to all establishments where the possibility of grease can come out and not just the food establishments , because, Mr. Speaker, in food establishments there are protocols in place to get rid of grease, actual grease, from the fryers and the like and they are put into containers and they are carried away. All we are talking about is grease that i nadvertently gets down the sink. This is something that happens almost as much in residential as it does in food establishments. So for us to put in legislation that only addresses what I would consider a very small amount of the grease that actually gets into the sewer
Bermuda House of Assembly systems, then we are kind of spinning our wheels here when we are talking about doing this. And I ask and the question I had for the Mini ster, Why are we just stopping at food establishments? Why are we not looking at everything that connects to the municipality pipes and not just the food establis hments? Also, Mr. Speaker, the installation of these things comes with a cost; they come with an actual cost that is going to have to be borne by not just the large establishments, but by the small establishments as well. And my question to the Minister is, Is the Government looking to give any sort of reli ef for the importation of these devices? Later on we are going to talk about another Bill that provides relief to certain establishments and the purpose of that relief is if the Minister feels it is in the public interest of the country . If we are talking about grease and not having grease balls roll up on the beaches because of our food establishments and our residences, I would think that would also qualify as in the public interest of the country. So we should be looking to give persons that will be re quired to install these devices, which can run from a couple of hundred dollars to tens of thousands of dollars, some sort of relief. And I would like to hear from the Government what they plan to do to help these companies and these residences (because I hope that we are also talking about residences as well eventually) . What are we going to do to provide them with some relief to install these things in the public interest of our country, since we seem to have no i ssue giving hundreds and hundreds of thous ands of dollars of concessions —millions of dollars of concessions —to hotels that have, actually over the last few years, some of them, even gone into receivership? And we have reaped no benefit from that. So I would just like to see what we are doing to he lp our people as well on this very important topic. Other than that , I do support the installation of these grease interceptors , or grease traps , as they are commonly known, because it is something that we need to be doing for our environment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 1. Hon. Kenneth (Kenny) Bascome: Yes, Mr. Speaker, I would like to lend my support to this initiative. You will be awar e that I once held the position where we fought with this particular …
All right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 1. Hon. Kenneth (Kenny) Bascome: Yes, Mr. Speaker, I would like to lend my support to this initiative. You will be awar e that I once held the position where we fought with this particular issue tooth and nail. And I can tell you, Mr. Speaker, when you try to cause the restaurants to be aware, they are not aware until their guests go and things do not go. So I would like to compliment the Honourable Member who just took his seat, that it is something that needs to be looked upon also. But going forward I believe this is the right thing to do, particularly in the municipalities. And I can tell you, Mr. Speaker, this is an i ssue that St. George’s grapples with on a daily basis. And people will say , Well, the town is a stench. And the reason for that is because people put all the grease into the drains . It runs and it builds and it builds and it builds. And I can tell you, Mr. Speaker, sometimes you take those grease balls out of those sewer lines and it is as hard as concrete. So I believe this is the first step in going forward and I would like to compliment the Minister and her support staff for taking this initiative. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Any other Honourable Member care to speak? The Chair will recognise the Honourable Mi nister of the Environment, Cole Simons. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I stand to l end my support to this legislation , and I am saying …
All right. Thank you. Any other Honourable Member care to speak? The Chair will recognise the Honourable Mi nister of the Environment, Cole Simons.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I stand to l end my support to this legislation , and I am saying it as the Minister of the Environment. As everyone knows , we have been tes ting the water quality for a number of years, especially since we had that bad report that said we had the grease balls on the beach. I would like for the public to know that so far this year we have not had that problem. We are tes ting our waters on a regular basis and the quality is second to none and we have had no grease balls r eported thus far in 2016. And that is a direct resu lt of this new infrastructure that we have in place for managing the fats and oils that are produced by our restaurants, hotels, and some domestic establishments. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Any other Honourable Members care to speak? Then the Chair will recognise . . . and Mini ster, just before you speak, I notice that the technical officers are sitting in the Gallery. There are seats up here that are set for the technical …
All right. Thank you, Honourable Member. Any other Honourable Members care to speak? Then the Chair will recognise . . . and Mini ster, just before you speak, I notice that the technical officers are sitting in the Gallery. There are seats up here that are set for the technical officers and be-cause right now it is no problem because we do not have anybody in . . . any visitors, but I would apprec iate it if Ministers would ask their technical officers to take this place rather than the Gallery , which is there for visitors.
Hon. Jeanne J. Atherden: Duly noted, Mr. Speaker. With respect to the questions that have been raised, as I indicated in my speech, the Corporation of Hamilton is already covered as it relates to the 67 food establishments. But I think the point that needs to be made is that while homes actually generat e grease, they do not generate it in the volume that the business establishments generate it. 2598 15 July 2016 Official Hansard Report
Bermuda House of Assembly And if you note, the Ministry of Health has a lways put out recommendations to the general public as to how to dispose of grease in their homes , and it basically i s this: Let it cool down; put it in a plastic bag; put it in your trash, because actually it can then go up to the dump and be burned. So there is no re ason for us to continually talk about having these interceptors at our homes , because if we take care of it and let it go up there we can eliminate the home problem. In the meantime, as it relates to the commercial problem, it is about $500 for an interceptor to be paid for by a commercial establishment. I think that those were the questions that were raise d with respect to the general . . . general . . .
The SpeakerThe SpeakerDebate? Hon. Jeanne J. Atherden: —debate. So, Mr. Speaker, then I would ask that we can then move that the Bill be committed.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Minister has moved that we commit the Bill. Any objections to that? Then I would ask that the Deputy [Speaker] please take the Chair [of Committee] . House in Committee at 4:38 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL PUBLIC HEALTH AMENDMENT …
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Public Health Amendment (No. 2) Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Jeanne J. Atherden: Thank you, Madam Chairman. I would like …
The ChairmanChairmanIt has been proposed that we move clauses 1 through 3. Any objections to that motion? No objections. Please proceed. Hon. Jeanne J. Atherden: This Bill seeks to amend the Public Health Act 1949, to provide regulation ma king powers in relation to the installation, maintenance and inspection of any …
It has been proposed that we move clauses 1 through 3. Any objections to that motion? No objections. Please proceed.
Hon. Jeanne J. Atherden: This Bill seeks to amend the Public Health Act 1949, to provide regulation ma king powers in relation to the installation, maintenance and inspection of any device or equipment required to prevent harmful articles or substances from entering a sewerage system; to enable civil penalties to be i m-posed against any person who, in contravention of any such regulations, allows articles or s ubstances, which are liable to damage, or block, or to be prejud icial to public health when introduced to, the sewerage system, to be deposited into the sewerage system; to regulate the capture, collection and disposal of fats, oils and grease resulting fr om the production, prepar ation or manufacture of food; and to make related amendments. Clause 1 provides the citation for the Bill. Clause 2 amends section 2 to clarify, for housekeeping purposes, the meaning of “authorised officer.” Clause 3 amends secti on 14 to make prov ision, under regulations, for the installation, maint enance and inspection of any device required for the purposes of prohibiting or restricting the introduction of harmful articles or substances into the sewerage system. The amendments also provide regulation - making power for the discharge and disposal of such articles or substances and for the issuance of directions by an authorised officer. This clause also enables the Minister to i mpose a civil penalty for any breach committed under any regulations made under this section and provides that the civil penalty and the procedure under which a civil penalty is to be imposed be set out in regulations. This clause also (i) sets the amount of the civil penalty to be imposed under regulations; ( ii) protects a person who has been issued a civil penalty under regulations from also being prosecuted for an offence in respect of the same contravention; (iii) enables a person issued a civil penalty under regulations to a ppeal to the Supreme Court; (iv) requires a civil penalty imposed under regulations to be paid into the Co nsolidated Fund; (v) enables any unpaid civil penalty imposed under regulations to be recovered as a debt in any court of competent jurisdiction; (vi) enables the Minister to delegat e his authority to impose a civil penalty under regulations to a public officer or to a Municipality by way of instrument published in the Gazette ; and (vii) provides that such instrument shall not be subject to Parliamentary scrutiny. This clause also def ines “sewerage system” for the purposes of this section as including any sewer, main, pipe, drain, pumping station and shaft and any apparatus or thing forming part of or used or connected therewith. Finally, this clause provides that any contravention of regulations made under section 14 shall, for the purposes of Part IV of the Act, be deemed a nuisance. This will enable, in appropriate cases, contraventions to be addressed under Part IV of the Act, which includes requiring the abatement of a nuisance.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 3? There are no Members. Bermuda House of Assembly Minister, if you would just have the three clauses approved so we move on. Hon. Jeanne J. Atherden: I move clauses 1 through 3 be approv …
The ChairmanChairmanAre there any objections to having clauses 1 through 3 be approved as printed? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 3 passed.]
The ChairmanChairmanMinister, please proceed. Hon. Jeanne J. Atherden: I would like to now move clauses 4 and 5.
The ChairmanChairmanAre there any objections to moving clauses 4 and 5? No objections. Agreed to. Hon. Jeanne J. Atherden: Clause 4 amends section 156 to include as a regulation- making power provision for regulating the cap ture, collection and disposal of any fats, oils and grease that may result from the …
Are there any objections to moving clauses 4 and 5? No objections. Agreed to. Hon. Jeanne J. Atherden: Clause 4 amends section 156 to include as a regulation- making power provision for regulating the cap ture, collection and disposal of any fats, oils and grease that may result from the pr oduction, preparation or manufacture of food and to provide that, where such regulations are not complied with, in respect of any food, the sale of such food may be prohi bited or restricted. Clause 5 amends the Public Health (Food) Regulations 1950 to provide that victualling esta blishments have adequate means of capturing, collec ting and disposing of fats, oils and grease, unless a written exemption is obtained from the C hief Environmental Health Officer.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 4 and 5? The Chair recognises the Member from constituency 36. You have the floor. Hon. Michael J. Scott: Thanks, Madam Chairman. Madam Chairman, with your leave I do not know the clause to which this question …
Thank you. Are there any Members that would like to speak to clauses 4 and 5? The Chair recognises the Member from constituency 36. You have the floor.
Hon. Michael J. Scott: Thanks, Madam Chairman. Madam Chairman, with your leave I do not know the clause to which this question ought to pro perly relate, and I may have missed it from the first four clauses, but could the Minister . . . It is a question . Could the Minister advise the House at some appr opriate point what the statistics are of residences in the two municipalities that we are faced with so that I , and, indeed , the Minister , can have an appreciation, notwithstanding her caveat ? We can have an appr eciation of the volumes of grease potentially t hat are capable of being introduced into the stream. She did provide the number of restaurants and the equivalent could be done. Thanks, Madam Chairman.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clauses 4 a nd 5? The Chair recognises the Minister. [Pause] Hon. Jeanne J. Atherden: Madam Chairman, I am just trying to look to— The Chairman: Get the answer? Hon. Jeanne J. Atherden: —get the answer.
The ChairmanChairmanMm-hmm. Hon. Jeanne J. Atherden: I am advised, Madam Chairman, that we do not have that answer. But I am certain that between . . . you know, when we have the opportunity I will get that information and get back to the Member, Madam Chairman.
The ChairmanChairmanThank you very much. It has been asked fr om someone, while we are still sitting, what the question was. So I am going to ask the Member to repeat the question. Hon. Michael J. Scott: I am grateful, Madam Chai rman. Very briefly, what are the statistics of res …
Thank you very much. It has been asked fr om someone, while we are still sitting, what the question was. So I am going to ask the Member to repeat the question.
Hon. Michael J. Scott: I am grateful, Madam Chai rman. Very briefly, what are the statistics of res idences in the two municipalities —St. George’s and Hamilton —which (well, even one would help) which have been captured in statistics so that we can appr eciate grease volumes from residential?
The ChairmanChairmanThank you. We will take guidance from the Minister who has just taken her seat. Thank you. Are there any other Members that would like to speak to clauses 4 and 5? There are no other Members. The Chair recognises the Minister. Hon. Jeanne J. Atherden: Madam Chairman, as I …
Thank you. We will take guidance from the Minister who has just taken her seat. Thank you. Are there any other Members that would like to speak to clauses 4 and 5? There are no other Members. The Chair recognises the Minister.
Hon. Jeanne J. Atherden: Madam Chairman, as I indicated, I will get the information. And as we indicated earl ier the Corporation of Hamilton is already connected. So, Madam Chairman, I would like to move clauses 4 and 5.
The ChairmanChairmanThank you. It has been moved that clauses 4 and 5 be moved as printed. Are there any objections to that motion? 2600 15 July 2016 Official Hansard Report Bermuda House of Assembly No objections. Agreed to. [Gavel] [Motion carried: Clauses 4 and 5 passed.]
The ChairmanChairmanThe Preamble. Hon. Jeanne J. Atherden: Madam Chairman, I would like to move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any object ions to that motion? No objections. Agreed to. [Gavel] Hon. Jeanne J. Atherden: I move that the Bill be r eported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to t hat motion? No objections. Agreed to. [Gavel] [Motion carried: The Public Health Amendment (No. 2) Act 2016 was considered by a Committee of the whole House and passed without amendment.] …
It has been moved that the Bill be reported to the House as printed. Are there any objections to t hat motion? No objections. Agreed to. [Gavel] [Motion carried: The Public Health Amendment (No. 2) Act 2016 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 4:48 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
PUBLIC HEALTH AMENDMENT (NO. 2) ACT 2016
The SpeakerThe SpeakerThank you, Members. The second reading of the Public Health Amendment (No. 2) Act 2016 has been approved. And we move now to the second reading of the Hotels Concession Amendment Act 2016 in the name of the Junior Minister of Tourism, Junior Minister Bascome. BILL SECOND READING HOTELS CONCESSION …
Thank you, Members. The second reading of the Public Health Amendment (No. 2) Act 2016 has been approved. And we move now to the second reading of the Hotels Concession Amendment Act 2016 in the name of the Junior Minister of Tourism, Junior Minister Bascome.
BILL
SECOND READING
HOTELS CONCESSION AMENDMENT ACT 2016 Hon. Kenneth (Kenny) Bascome: Good afternoon, Mr. Speaker, thank you very much.
The SpeakerThe SpeakerGood afternoon, yes, sir. Hon. Kenneth (Kenny) Bascome: I move that the Bill entitled the Hotels Concession Amendment Act 2016 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? Carry on, Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the Bill before this H onourable House relates to the Hotels Concession Amendment Act 2016. Honourable Members will be reminded that the aim of the Hotels Concession Act 2000 is to i mprove the overall …
Are there any objections to that? Carry on, Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the Bill before this H onourable House relates to the Hotels Concession Amendment Act 2016. Honourable Members will be reminded that the aim of the Hotels Concession Act 2000 is to i mprove the overall tourism product by affording tax r elief to hoteliers and developers who reinvest in their properties through development. Mr. Speaker, staff accommodations are not specifically stated with the statutory definition of a hotel in the Hotels Concession Act 2000 and the Bill before this H onourable House today seeks to provide clarification on the definition of a hotel to include var ious back -of-the-house areas that are part of the day to day —
The SpeakerThe SpeakerHonourable Member, if you could speak a little closer to your [microphone], we are not picking it u p. Hon. Kenneth (Kenny) Bascome: Any better, Mr. Speaker?
The SpeakerThe SpeakerYes, I am picking it up. It was for the Hansard. Hon. Kenneth (Kenny) Bascome: Thank you, sir.
The SpeakerThe SpeakerCarry on please, Honourable Member. Hon. Kenneth (Kenny) Bascome: Mr. S peaker, the Government of Bermuda made a commitment to help incentivise hoteliers to reinvest in their properties and amenities by way of the Hotels Concession Act 2000. Mr. Speaker, as we continue to attract more hotel developments in Bermuda …
Carry on please, Honourable Member.
Hon. Kenneth (Kenny) Bascome: Mr. S peaker, the Government of Bermuda made a commitment to help incentivise hoteliers to reinvest in their properties and amenities by way of the Hotels Concession Act 2000. Mr. Speaker, as we continue to attract more hotel developments in Bermuda we are very pleased to see that the hotel developers are seeking to invest and reinvest in staff accommodations as well to en-hance, upgrade, enlarge their staff, administration and service areas. Mr. Speaker, the amendment Bill before this Honourable House today seeks to provide hotel d evelopers with financial concessions to include staff accommodation, administrative offices, storage facil ities that may be external to the hotel property, and for these three areas to be included in the definition of a hotel in the Ho tels Concession Act 2000.
Bermuda House of Assembly Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Junior Minister. The Chair will now recognise the Shadow Minister for Tourism, MP Jamahl Simmons , from co nstituency 33.
Mr. Jamahl S. SimmonsMr. Speaker, we on this side have made a very strong effort not to oppose just for the sake of opposition. When we make the dec ision to oppose an initiative or a Government Bill, it is only after careful consideration and thought. And we will be opposing this Bill …
Mr. Speaker, we on this side have made a very strong effort not to oppose just for the sake of opposition. When we make the dec ision to oppose an initiative or a Government Bill, it is only after careful consideration and thought. And we will be opposing this Bill today. And the reason why we will be opposing this Bill is because we first must go back to the original Hotels Concession Act 2000 established by the ho nourable late David Allen, the Bermuda Progressive Labour Party’s first Tourism Minister. The Honourable Junior Minister alluded to it in his remarks, and if I may quote him, Mr. Speaker, from his brief: “the aim of the Hotels Concession Act 2000 is to improve the overall tourism product by affording tax relief to hotel-iers and developers who reinvest in their properties through development.” The purpose and the original goal of what we were trying to accomplish was to enhance our tired old tourism product. Staff quarters do not draw more tourists to Bermuda. Offices do not draw more tourists to Bermuda. Mr. Speaker, not to reflect on a previous debate, but e arlier today an Honourable Member r eferred to ‘mission creep.’ And for those who are not aware, mission creep is a military term that relates to when you have a set objective that you are working on, a set goal that you are working on, and when you go beyo nd that goal, initially sometimes you are successful, but when you go far afield from what your original intent is you sometimes get into trouble. Mr. Speaker, it is not our intent to be an i mpediment to development. It is our intent that when we give concessions it is going to be direct ly benefitting the people in this country, particularly when it comes to tourism concessions in the form of more beds or more bodies in beds. Mr. Speaker, staff housing, and we will talk about this a little bit (not to ant icipate ) in the next Bill, but we have seen that maintaining the conditions of the concessions that have been granted has been a challenge for the hotels —for the concessions that have been granted already. We have advocated that as we reform and move forward the Hotels Concession Act 2000, that the actual conditions be laid out because at the time when we started it the Ministers had the overview and the sight , at their judgment . But what we found is that you still have the issues of Ber-mudian entertainers not being fully employed. We still have the issue of Bermudians having difficulty finding work in the hotel industry. The Hotels Concession Act 2000 as it works now requires some work to make sure that the tax dollars that we have given away freely . . . and, to his credit, if you look at what happened after we put these in place —the development, the reinvestment —it was a positive thing. And, of course, we cannot fault that part. But I have a real challenge with continuing to go beyond, to continue to give relief to the very wealthy, when so many of our people are suffering. It is just a challenge to me, Mr. Speaker . And it is a challenge to us on this side. In the Honourable Member’s ministerial brief, he talked about the back -of-the-house areas . The back -of-the-house areas that are a part, and I may quote, Mr. Speaker, “part of the day -to-day hotel operations.” Staff accommodations are not a part of the day-to-day hotel operations. So I understand that you may want to be generous to those who have been good to Bermuda, who have been working to build their product . But at a certain point we have to ask the question, How much is too much? particularly when it will not put more tourists in the beds on our shores and more money into the pockets of Bermudians . My other colleagues will go more deeply into this, but there is no additional consideration as to whether Bermudians will be given first right of refusal for this housing that may be built. There are no cond itions whatsoever beyond what we are already doing and, as I have mentioned, that we have not had the success we would like with. So it is a two -way street . The Government gives concessions ; the private sector fulfils their end of the bargain. We are now giving yet another concession. Many of the previous terms have not been fulfilled, at least to our liking, and we are not asking for anything else. And it comes to a point where we have to say enough is enough. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will n ow recognise the Honourable Member from constituency 13, MP Diallo Rabain.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. And you know, Mr. Speaker, following on from what my colleague talked about , is when you are gi ving the concessions , the concessions need to be r eciprocated in some way or there has to be something that you are getting back from that. …
Thank you, Mr. Speaker. And you know, Mr. Speaker, following on from what my colleague talked about , is when you are gi ving the concessions , the concessions need to be r eciprocated in some way or there has to be something that you are getting back from that. What we are looking to do here, Mr. Speaker, is, as my colleague said, give concessions that are necessarily going to guarantee more tourists com ing to Bermuda. 2602 15 July 2016 Official Hansard Report
Bermuda House of Assembly But I will tell you what it will guarantee: It will guarantee that there is less money in the pockets of Bermudians. That is what it will guarantee, because if we allow hotels to build dorms for their non-Bermudian staff and provide incentives f or them to build it by not having to pay taxes and the like, where would the staff have gone if this was not built? They would have stayed in local establishments . They would have stayed in local apartments . They would have paid rent . There would have been money going into the economy. [In addition to] paying rents, they would have shopped at neighbourhood stores . They would have shopped at the grocery stores . They would have gone out to restaurants . They would have done all of these things. But if we are going to allow hotels to build dorms, which, incidentally , I have no issue with, if a hotel wants to build a dorm, please go ahead and do it, if that is what you want to do with your money. What I do have an issue with is the Government i ncentivising them to go and do it at the cost of Mr. and Mrs. Bermuda losing that rent, that grocery store, losing that shopping opportunity, that restaurant losing that business. And we are taking all of this money out of the economy and we are also saying , You don’t have to pay taxes in order for you to do it. You don’t have to pay payroll tax, you don’t have to pay land tax, you don’t have to pay any of that because we want you to take your money away from Mr. and Mrs. Bermuda and keep it for yourself. That is what I read when I see this Act because that is what it is going to do. And, Mr. Speaker, I am not speaking conjecture. And we will talk about this later because we have something else coming up that is a direct relation to this and we will see where that is exactly why this is being done. So if we go down this road, Mr. Speaker, what is next? What are we going to do, add that hotels can now own transportation and give them incentives so that they bring that in duty free so that they can cart around their employees s o that they do not have to use public transportation, they do not have to use taxis, they do not have to buy cars, they do not have to buy bikes? Is that what we are going to do next? Where does it end? Where does us allowing this to happen, in terms of adding it to the Hotels Concession Act, enhance our product and bring more tourists to our shores? That is the question that I am waiting to be answered by the Government today. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I am really surprised that the Government would bring such a Bill …
All right. Thank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I am really surprised that the Government would bring such a Bill to Parliament. Because, Mr. Speaker, if this Bill is approved it will mean that the hoteliers, hotel owners, can enter the local rental market in terms of homes, in terms of office space, in terms of storage space. We cannot allow that, Mr. Speaker. And the other question would be, suppose they sell a couple of years down the road, will those concessions be paid back to Government? Because the Bill that we will be discussing very shortly, the next Bill, is a million dollars in concessions (that is t he minimum because they have not calculated, they will not know yet, what the c ustoms duty exemption is ). We cannot afford to just keep giving away to these folks. This is not to enhance their tourism product because, Mr. Speaker . These staff members that are living in dormitories pay for that room and most of them share a room , and it is a room without a bath, so they have to use a dorm bath—
[Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: —communal, toilets and all of that, Mr. Speaker. Mr. Speaker, we do not have any shortage of Bermudian workers . You know, it is not like we have to, if we open up a hotel, bring in “X” amount of wor kers. You do not have to. We have thousands of pe ople unemployed. They are unemployed, Mr. Speaker . And if you want to use Bermudian staff you can use them . I remember one time going to a hotel owners government meeting and the head of Fairmont , Mr. Williams (he was at that time) , said, Just give me somebody that can smile; we will train them. Well, I do not think he i s in charge anymore. It has changed now because now they have got some profile testing that is put together by foreigners . And I am not trying to be negative about foreigners . But these are people that are putting a test together that are not from this cul ture, so they do not know us. And I am not opposed to putting any type of profile test together, but if it is to be put together , let it be put t ogether by Bermudians who know Bermudians. And then . . . because many people have applied to work for the Sou thampton Princess and other hotels and because they do not pass this sort of test . . . this here . . . they probably had a drug conviction 30 years ago, so they do not get the job. But we are bringing in people from overseas —we do not know what their back ground is, we do not know anything about them, and we are pr epared to put them in positions, Mr. Speaker. So, Mr. Speaker, I would ask that this Government withdraw this Bill because there is nothing in the tax exemptions . . . because what they want to do
Bermuda House of Assembly . . . it would include every hotel. And the hotel owners have the deep pockets to go in wherever they want to buy land and say, Well, I want to build a property or building that I want to house . . . All they have got to do is house at least 20. That is all they have got to do. They can do that with five rooms and put four people in a room because there is no criteri on to tell you how many you can have in a room, all right? And then they could have office buildings, the office and storage. You are in the l ocal market. No one in the local rooming area in office space, in storage, gets any tax exemptions. Why should we be giving tax exemptions to somebody else? They are in the hotel business. As our Shadow Minister said already, Bermudians earn rent from people that have to rent pro perties, whether they be hotel workers, whether they come from the international business. And if you do this here, if you give these to the hotel, what stops any other company —foreign company operating in Bermuda—from asking for a tax exemption too because they want to build some accommodations for their staff? Mr. Speaker, this is a dangerous precedent, a dangerous road to go down. And I would ask this Government to withdraw this Bill because this Bill does not enhance the economic wellbeing of Bermudians —not at all. And we have to look out for Bermudians first in everything! And I love the hotel bus iness . That is my area. But this is not enhancing the hotel product. This is to improve their bottom line. And this cannot happen at th e expense of Mr. and Mrs. Smith. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you very much, Honourable Member. The Chair will now recognise the Minister for Economic Development, Dr. Gibbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Speaker. Mr. Speaker, I am surprised at the Opposition today and their approach on this particular …
All right. Thank you very much, Honourable Member. The Chair will now recognise the Minister for Economic Development, Dr. Gibbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Speaker. Mr. Speaker, I am surprised at the Opposition today and their approach on this particular piece of legislation. I say I am surprised because we were taken all the way back to David Allen and improving the product. This is exactly what this does, Mr. Speaker. This particular company that we are going to be giving concessions to in another couple of pieces of legislation has put in close to a hundred million do llars in improving the product at the Hamilton Princess. I think it has been received with rave reviews. They had an event ( going back a couple of nights ). They had a lot of foreign media here. They had wedding planners, they had others . They are doing a tremendous job not only in stimulating the hotel product here, raisin g the level ––Mr. Speaker, you have personal experience with this ––but they have also done, I think , a fairly dramatic job in terms of hiring Bermudians. Now, this may not be all that usual, at least by appearances in the hotel industry these days, but I have been impressed at the enthusiasm of the num-ber of young Bermudians down there that I have run into in various sectors of the hotel. Marcus’ [resta urant] particularly, we saw them . You were there the other night, Mr. Speaker . A lot of young Bermudians are involved with this particular product. This does exactly that —it improves the product. And why do I say that? This is a very technical change of legislation because if the housing was on the same property, connected to the hotel, there would not be any issue. So all we are talking about is we are allowing this particular property to have a con-cession related to accommodation because it is not on the property because they do not have sufficient space over there, Mr. Speaker. Now, in terms of this nonsens e—and it is nonsense —about taking rents away from Bermudians, what the Honourable Member s do not realise is the majority —and the vast majority —of these employees that they are going to be housing in these new premises are actually living at the Southampton Princess. So, in effect, Mr. Speaker, what we are doing is we are freeing up rooms at the Southampton Princess because we are going to have a serious issue here in about a year in terms of not having enough accommodation. So, far and away from taking rent s away from Bermudians, these employees, by and large, are now living in hotel accommodation at the Southampton Princess. So , in essence, what you are doing is you are essentially allowing an additional $20 million of investment in this community, renovati on, jobs for Bermudians, and you are also providing what would be considered appropriate accommodation which will allow the hotel to be more efficient. If it was on the hotel site there would not be any fuss about it, but it is not on the site because they simply do not have enough space to be able to do it. Now, in terms of this issue of accommodation for Bermudians or accommodation for foreign wor kers, the Honourable Member is quite correct. A lot of these employees, when they are not living—and I am talking about other residences —when they are not living in the hotel or in staff housing, they are combi ning the resources. You may have four, you may have six, you may have as much as eight living in rental accommodation. What that does, Mr. Speaker, is it puts pressure on the bottom rungs of our housing, the very least expensive housing, which some Bermudians would like to be able to rent and it bids that up through supply and demand, makes it more difficult for Bermudians at the lower end of the economic spectrum to be able to access those particular rental ac-commodations. 2604 15 July 2016 Official Hansard Report
Bermuda House of Assembly So in essence, Mr. Speaker, the hotel is doing us a favour because it is not pushing these foreign workers into the lower -end housing market, bidding up accommodation for Bermudians . And it is also creating jobs for Bermudians in terms of actually providing additional accommodation over there, a very small amount of administration, Mr. Speaker. The bulk of this is, in fact, accommodation and, as I said, the re ason for that is simply space. I remember talking to the Princess a couple of years ago. We were talking about the high cost of es-sentially energy for them as well, and I said , Look, why don’t you consider doing a combined heat and power plant over here. Y ou know, you could work out something with BELCO, you are pretty close. They simply said, We don’t have enough space. So what they have done here is they have been creative and they have said , We will retrofit a building which is not being used, that is fairly close to the hotel right no w, we will invest money in it, but in order to be able to make that work for us, we need the same kinds of concessions that another hotel would have gotten had it actually been on the premises. There is precedent here, Mr. Speaker, the Southampton Princess , you may be aware of this, had concessions a number of years ago for accommodation for employees and they were able to do it b ecause, as you know, there is a lot more space up there. So this actually satisfies a number of different issues here. As I said, I am surprised at the Opposition for making a fuss about this because this really is a very technical provision here. The lawyers, when they looked at this, said it is a gr ey area; you may not be able to fit this in because it is not on the same premises. So in order to make sure that we have got belt and braces here we are amending the C oncession Act to simply allow an off -site to be used for accommodation and some administration. So in point of fact this is really, in some r espects, splitting hairs. And given the investment that has been made by the Hamilton Princess and the family here, which has benefitted Bermudians, it has benefitted our tourism product, it has benefitted construction, as you know, Mr. Speaker, extensive ren ovations down there and it has, as they say , a rising tide lifts all boats , they have simply set the standard higher for Bermuda and our accommodation. So I think, Mr. Speaker, we should be supporting this. As I said , this is something which is good for Bermudians, it is good for our hotel product, and it is good for Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister Dr. Gibbons. The Chair will now recognise the Honourable Learned Member from constituency 34, MP Kim Wi lson.
Ms. Kim N. WilsonThank you, Mr. Speaker. Mr. Speaker, with respect to the comments that were just made by the Member who just took his seat concerning this being simply a belt and braces technical provision, well , with respect, Mr. Speaker, I beg to differ. When we look at the Hotel s …
Thank you, Mr. Speaker. Mr. Speaker, with respect to the comments that were just made by the Member who just took his seat concerning this being simply a belt and braces technical provision, well , with respect, Mr. Speaker, I beg to differ. When we look at the Hotel s Concession Act since 2000 when it was enacted, we have seen some 18 Hotel Concession Orders for a myriad of things, in particular as it relates to the hotel improvements and, as the legislation states, improvements to the tourism product by reinvesting i n the properties. But the challenge that I have with this . . . there are a number of challenges, Mr. Speaker . First and foremost is, notwithstanding the extensive renovations that have been completed on this property, the fact that the Southampton Princess has formerly had a similar concession order as it relates to staff housing is somewhat less of a concern to me when you look at this Act and they speak specifically to associated office space and storage facilities. So in essence what the legislation seeks to do is to provide tax concessions to a hotel —hotelier —to build office blocks and storage facilities. And the first question that I would ask and hopefully the Honourable Shadow [sic] Tourism Mini ster (who does not appear to be in his seat) . . . sorry, Junior Minister, would be able to answer , and that is with respect to the associated office spaces. Will those be able to be rented? Are these office spaces for the hotel ? Or are these office spaces for the general public so that, for example, a tax concession is being provided to a hotelier to build office spaces, can he then turn around and rent these office spaces and collect the money for the offices whilst the taxpayers’ dollars, so to speak, the loss of tax revenue by giving this concession, has t he effect of allowing the hotelier to get a concession—tax concession —to build an office space, are they then allowed to turn around and rent that office space at fair market value? Likewise as it relates to the storage facilities; can they then receive a tax benefit because of these concessions and build a storage facility and then turn around and, again, rent it on the open market? Obv iously , we have storage facilities in Southampton, and in town, there are all of these storage facilities. So can this . . . will this provision allow for them to use our taxpayers’ dollars and then build associated office space and storage facilities and then turn around and rent it? So that is the first question that I am hoping that the Honourable Shadow [sic] Minister c an answer for me— An Hon. Member: Junior.
Ms. Kim N. WilsonJunior —excuse me, sorry. The other issue that I have and, with your leave, I just want to refer specifically to section 4 of Bermuda House of Assembly the actual Act, Mr. Speaker. Let me start with section 3. Section 3 speaks about an application made to the Minister and, …
Junior —excuse me, sorry. The other issue that I have and, with your leave, I just want to refer specifically to section 4 of
Bermuda House of Assembly the actual Act, Mr. Speaker. Let me start with section 3. Section 3 speaks about an application made to the Minister and, of course, it says that they have to have full particulars, et cetera, but then it goes on to section 4 entitled “Hotel concession order” and it speaks to the Minister where he has received an application pursuant to section 3 he shall determine the application —(a) whether or not the development is likely “to benefit the tourism industry and the economy generally.” Well, again, Mr. Speaker, and I will be waiting to hear the answers with respect to the questions that I just asked, I fail to see how building a multi -purpose accommodation unit for 20 people—at least 20, ex-cuse me— members of staff, with associated offices and storage facilities will help the economy generally. Now, notwithstanding the fact that hopefully the construction work will be conducted by Bermudian firms and the like and the architecture work and so forth and that those persons will find employment, but I am a little bit . . . I am more than a little bit concerned that it appears that we are allowing for taxpayers’ dollars to be used for them to potentially collect money or raise profits and revenue from associated rentals. The other question that I have, or the concern that I have, is whether or not this does create a precedent. In this case we have a hotelier who has a property that is, I do not know, 400 yards away from their main building. But what precedent could this be creating if we have, for example, a hotelier that is building a property in St. George’s and owns a property in Dockyard? Will we then be providing a prec edent allowing him to develop a property that is 21 miles away for the purposes of rental office space and the like? I think we are just creating a terrible prec edent and, again, notwithstanding the extensive ren ovations and the commitment that the family that owns this hotel has put in Bermuda. The other question that I have, Mr. Speaker, is with respect to the process . And I am hoping that perhaps I can receive some information. We are now debating the Hotels Concession Amendment Act 2016 , and not to pre- empt debate, but we know that there is another piece of legislation that is scheduled for debate today with respect to an Order. And my question is this : In order for us to effectively as a matter of process debate an Order, we first must pass this amendment . So this legislation has to be passed in the House first and then it has to go to the Senate, and as we saw yesterday (as recently as yesterday or Wednesday ), the Senate does not necessarily always agree wi th the House. So we could have very well a position where we have a Hotels Concession Amendment Act being debated in the House and passed today, the Senate rejects it, but yet we have also considered and debated the Order. So I am hoping that somebody can provide me with some information about how that process can work because the Senate, for all intents and purposes, could reject this a mendment and then where does that leave us when we have got an amendment that is passed, an Order that is passed, and the Senate rejects it? So if somebody from the Government could, perhaps, explain that process to me, then I would be grateful. Mr. Speaker, I think that basically sums up the submissions that I wanted to make. But if I can close, Mr. Speaker, where I began, I do believe, with r espect, that this is a lot more than just a technical pr ovision —belt and braces —when we are speaking about taxpayers’ dollars being expended on a commercial enterprise which also could reap commercial profits at the expense of taxpayer s’ dollars. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 15, MP Roban.
Mr. Walter H. RobanThank you, Mr. Speaker. I think, Mr. Speaker, what you have heard certainly from this side are some serious, serious concerns about the very nature of this Bill. And one of the things I found very difficult, Mr. Speaker, is the inadequacy of the brief of the Junior Minister. In …
Thank you, Mr. Speaker. I think, Mr. Speaker, what you have heard certainly from this side are some serious, serious concerns about the very nature of this Bill. And one of the things I found very difficult, Mr. Speaker, is the inadequacy of the brief of the Junior Minister. In whatever explanation was go ing to be r equired to ensure that this change would be made, we did not hear from the brief explanation of the Junior Minister. We did hear a broad explanation from the Honourable Minister who speaks for Economic Development as to some of the rational e for this. Well, I do not understand why that could not have been a part of what we heard from the Junior Minister who—
The SpeakerThe SpeakerIt could come from anybody, Honourable Member, it does not have to—
Mr. Walter H. RobanI understand that, Mr. Speaker, but that is where we look for our direction , [from] the person who speaks for its responsibility. And I make that point because despite whatever concerns we have we look to hear, okay, where this is going, where it is coming from, what the …
I understand that, Mr. Speaker, but that is where we look for our direction , [from] the person who speaks for its responsibility. And I make that point because despite whatever concerns we have we look to hear, okay, where this is going, where it is coming from, what the rational e is. And I had some difficulty with the reaction of the Minister of Economic Development to the reason-ing that some of the Honourable Members on this side have expressed their concerns , as if somehow we were overreacting (that was not his language; that was my language) to the extent of what is being pr oposed here. Well, one of the things that the Honourable Minister of Economic Development said, and I do hope that the Junior Minister, despite the fact that anybody on the frontbench can provide explanation, does answ er the questions that we have presented on this. 2606 15 July 2016 Official Hansard Report
Bermuda House of Assembly But one of the things that the Honourable Member for Economic Development said was that this is also about . . . there is an army or a group of res idents up at Southampton Princess who are there and this is going to aid in accommodating them. Well, as far as I know, the people who own Southampton Pri ncess do not own Hamilton Princess; it is a totally separate entity. So I do not understand what the connection is there to this. Once they were owned by the same company, as we well know, but that is not the case now, so perhaps there needs to be some expl anation as to what the rational e is there that . . . what is the connection there and how does that fit into what is being done here in this particular Bill? Also, I am always troubled, Mr. Speaker, when we are being told, Oh, we need to approve this because the family who have redeveloped the Hami lton Princess have put in hundreds of millions of do llars, they are doing so much for Bermudians , and you know, we sho uld be grateful. It is like that is what we are being told, that they are even coming—
Dr. the Hon. E. Grant Gibbons: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes? POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: No one on this side has indi cated that we should be grateful, that this should be done because somebody is putting in a hundred million dollars. This was simply —the Honourable Member is misleading the House, frankly.
Mr. Walter H. RobanWell, I can only, at this point, interpret the tone of how that came over because that is what the Honourable Member said. He described what they have done, how much money they have put into the property, how wonderful this is for Bermudians, and the jobs and how wonderful …
Well, I can only, at this point, interpret the tone of how that came over because that is what the Honourable Member said. He described what they have done, how much money they have put into the property, how wonderful this is for Bermudians, and the jobs and how wonderful that the staff at Marcus’ seems to be, there are so many Bermudians out there—that is implying that we should be grateful. But guess what, Mr. Speaker? We have a duty on this side in this House when B ills come to raise issues of concern about things that are being done . Honourable Members, particularly the Honourable Member who sits for [constituency] 33, has said that this appears to be out of the spirit and vision which was drafted for the original Hotels Concession Act 2000—[this is] a dramatic change from that. And let me just make it clear, there is nobody who is against , on this side . And I take great comfort in hearing the likes of the Honourable Member who sits in constituency 5, who I know , and we all know , has perhaps more experience and intimacy with the hotel industry than anybody in this place due to his long experience as a manager and worker in the i ndustry . So his extent of passion for concern about this . . . and I am sure he is the one person in this House who will want to do anything to make sure the industry goes right, but he has concerns. But what I say to this is that there is nobody here on this side of the House, Mr. Speaker, who does not understand the need for accommodation for a hotel. For years our major hotels —Elbow Beach, and Southampton Princess . . . in fact, I do recall Southampton Princess did have a major off -site a ccommodation for their workers in Warwick.
[Inaudible interjection]
Mr. Walter H. RobanDunstan Road. And for many years . I do not know if it is still a part of the accomm odation they provide d for their staff for many years. So that is just one example. Now, the example was brought that a concession was given to Southampton Princess more …
Dunstan Road. And for many years . I do not know if it is still a part of the accomm odation they provide d for their staff for many years. So that is just one example. Now, the example was brought that a concession was given to Southampton Princess more r ecently for a concession for accommodation. Well , I believe that was on, perhaps, property that they a lready owned, or did own. A nd certainly in the past, perhaps, most of these developments pre- exist the Concessions Act, these developments were done without any concession because it was an essential part of the operation of the hotel. Now, I think that it is important that the Go vernment clarify some very important things on this. One is that certainly, and as I said, it was not in the Junior Minister’s brief, if this development is proposed to actually happen and does happen, will Bermudians be able to take advantage of the accommodation? Outside of the fact that, you know, it seems to be basically just a real estate development, it is not core to the operation or the growth or the benefit of the tourism product, or even to keep Bermudians employed in tourism. And I have heard nothing from the Honourable Junior Minister, or nothing from the Minister who came behind him to give further explanation around this Bill, that proves that. And we on this side are con-cerned that this is just not in keeping with the vision that has been a part of the Hotels Concession Act up to this point. And yes, there have been other situations of concessions that we have seen more recently that we were concerned about and we got in t his House. Despite how many millions the investor was bringing to the table, despite the opportunity that presumably was going to come and how many Bermudians were likely to be employed in the development and the construction, we still raised our concerns, Mr. Speaker, because those concerns were valid because we are concerned about the role that Bermudians have in this industry —whether as musicians, whether as workers,
Bermuda House of Assembly whether as managers, and people connected and essential to this economy. This industry is essential to the economy, but we want to see Bermudians be the maximum benef iciaries of anything that happens, Mr. Speaker. This development should be shown to be of benefit as is outlined in, I believe [section] 4 of the Hotels Concession Act , which st ates very clearly what those benefits should be. I am not going to reread them because the Honourable and Learned Member from constituency 34 outlined those quite clearly. But I think the Government has more answers to give us on this, Mr. Speaker, irrespective of what the Economic Development Minister might think or anybody else might think. And the very question raised by the Honourable and Learned Member about how this is tracking the other measure upon which we are to debate is tracking this in a way th at seems rather unorthodox and perhaps questionable. What if this Bill does not pass ? What happens to that measure? And it appears as if they are being done in tandem because there is a presumption that one will automatically pass and the other will follo w. So the Government has some answers to bring to the table, Mr. Speaker. The Honourable Junior Minister did not adequately present the information that might have given some further clarity. The Honourable Minister for Ec onomic Development tried to make a case, but I am sorry, it still does not hold water with us. And so we are hoping that the Government c an come with some further answers. We understand the importance and we are grateful that there are persons who have lined up to reinvest in Bermuda touri sm. This was the very vision that the Act devised and it was also to see maximum benefit to Bermudians in the industry. And some of our Members have raised concerns about . . . in some cases there has been a challenge by some of the very beneficiaries of t he wider Act in other previous concessions that have been given to even fulfil those. So here we come with a Bill that is way out of what is the core remit as it has been up to this point, and trying to bring a concession that really, ultimately, does not really bring back any investment in reference to tourist activity. It just houses a bunch of people. Whereas, at least there was a rationale behind other concessions . . . you give this concession, it allows us to better support and encourage visitors who then, over time, bring a benefit to the country. This is not in that same remit, Mr. Speaker, and it is important that the Government give clear answers to give either comfort to us , or perhaps they do not really care how comfortable we are with it . But ce rtainly, ultimately, they will be judged on whether things of this nature work, Mr. Speaker. And so this House has asked questions about this and we believe that those questions deserve a nswers. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable M ember. The Chair will now recognise the Learned A ttorney General. You have the floor, Attorney General Trevor Moniz. Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I usually stick to the more technical side. I do not usually take on tourism, but I think here, …
Thank you, Honourable M ember. The Chair will now recognise the Learned A ttorney General. You have the floor, Attorney General Trevor Moniz. Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I usually stick to the more technical side. I do not usually take on tourism, but I think here, before I answer the point raised by the Honourable and Learned Member , Kim Wilson , I think I will just give a sort of general overview here. Just to refresh the minds of Members of the House and members of the public , we have a very serious job in G overnment of rejuvenating this economy, to getting people back to work, so we have been in a horrible double whammy in the sense of gover nment finances , when we were elected, were in a terr ible state. We had this large national debt but we also had a larg e annual deficit. So it was very difficult to stimulate the economy. And in order to stimulate the tourism economy it really involved giving concessions. In other words, to give up government revenue in order to get people to invest in this economy, and particularly I am speaking of hotels. And the situation here, of course, is that Bermuda is in a difficult position because many of us see Bermuda as competing with jurisdictions to the south which are more tropical jurisdictions. We clearly in Bermuda have a winter season and we have a . . . and that has become a low season for us and, of course, we have been doing everything under the sun to get rid of that, to have high tourist arrivals all year round, but it is a challenge. But we are reinventing and reintroducing ourselves, and we advertise ourselves for what we have. We had to stop advertising ourselves for what we do not have. The administration before us lost their way with the previous Tourism Ministry. Now what happens here is that in order to get people to invest we have to give concessions . And we are faced here both with the seasonality of our bus iness and with the very high cost of operating in Bermuda. There is a very high cost of land, very high cost of labour, very high cost of electricity . All of these things are negative factors for anyone coming to Ber-muda to invest. Now we know it is worthwhile because we know the product is a first -class product, better than the product of other islands, but we have to persuade other people of that. And when they make that initial investment, that is the toughest period. So we have got to get them in the door. Members will be aware that we are rebranding Bermuda with the America’s Cup. And that is going to allow Bermuda to rebrand itself as a tourist destin ation, to allow us to reinvent ourselves and in that way to allow this economy to grow by having inward capital 2608 15 July 2016 Official Hansard Report
Bermuda House of Assembly investment, which is the only way we are going to be able to stimulate this economy. Now that is what we are working on at the moment. Now, you k now, we were extremely lucky in that the property of the two later Orders were already reinvesting, that they had that confidence in Bermuda to put a large investment in Bermuda. They were ahead of the game. They did that before we got the America’s Cup. W e have still got other investments coming on stream, whether it be at Morgan’s Point or Desarrollos Group in St. George’s , and other smaller properties like what used to be the old Pink Beach, et cetera, to invest in Bermuda and put our people back to work . Now, I am assuming that the Opposition want our people to get back to work, that the Opposition want our people to have money in their pocket s, they want them to have jobs. Well, what we are doing t oday—that is the objective of it —to put those people back to work, to put money in their pocket s. Now, you know, if you want us to wait around and twiddle our thumbs , the time will pass and people will suffer greater and greater hardship. We have got to get on and move with this and we have got to show confidence in people who have shown their commitment to Bermuda. And these hoteliers have shown commitment to Bermuda, they have put their money where their mouths are, they have made the investment , and the only way we can make their investment worthwhile is to give them concessions. What other way is there? Because their other high costs are costs like electricity, which are extremely high in Bermuda, and labour costs. So we say to them , Well, you can bring in all the labour you want and pay them a dollar a day and that is not going to help Bermudian labour . So how do we help them? By giving them concessions . And that is what we are tr ying to do today. So if the Opposition want to help Bermudians , they are going to vote for this Bill today. Now with respect to the technical point raised by the Honourable and Learned Member Kim Wilson, and sometimes I believe she sits in my Legislative Committee. I have a chair there; I will put her name on it. But you know this is a . . . the technical objection was that . . . why are we dealing with the Bill and the Orders in the same day? Well we are dealing with them because we want that investment. We are tal king about a minimum investment of perhaps in the immediate Orders that follow (and I do not want to anticipate them) but $10 million in the local economy. That is a substantial investment we are talking about in the local economy. And the Opposition have to answer the question, do you want that or not? Now in the best of all possible worlds it may be the case that you would deal with the Bill on a separate day and time than you deal with the Orders. But we do not have that luxury. Our people are suffering. Our people are suffering. There are people out there without jobs. They are able- bodied people on financial assistance—t hey and their families need help. We are reaching out a hand to help those people and we would like the Opposition to join us in doing that. Now the position here with respect to the later Orders is what . . . all we are doing is approving Draft Orders. So should the Minister get the power to issue these Orders when this Bill is passed in this House and in the Senate, and signed off by Government House, then the Minister will have the power to make those Orders. So we are giving him that approval in advance. And for the interest of Bermuda’s people I am certainly willing to do that. And my response is it breaks no rules. It may not be the preferred way of doing business, yes, it telescopes things in together, but you can see the whole picture together. I me an, quite often, Mr. Speaker, you know, we are accused when they say, W ell, you’ve got the Bill here , but until we see the regulations or order we don’t want to approve it. Well, here you have got ev erything in front of you. This is the whole package so you cannot complain that you do not know where we are going with the Bill, we are going to these Orders. So are we telescoping them? Yes. The advantage is Members of the House see the whole thing on the floor at one time, they see the package. And I hope the Members on that side will want to help the people of Bermuda and support this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 6, MP Wayne Furbert. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I found the Attorney General’s comments i nteresting. He talks as if . . . talking about helping Bermudians, but his comments . …
All right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 6, MP Wayne Furbert.
Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I found the Attorney General’s comments i nteresting. He talks as if . . . talking about helping Bermudians, but his comments . . . to get people to invest we have to give concessions . True. [He said] t his side lost its way in tourism, we disagree. We want to put people back to work, we agree. Do you want that i nvestment? But Mr. Speaker, the property that we are tal king about is the same property that came to us before them , so we approved most of the stuff befor e they even got there. So we understand the people are back to . . . the people are back to work already. We are not talking about building a hotel. That is the issue. We are talking about building an apartment block for dor-mitories for people to stay in, we are not talking about people . . . as a matter of fact, Mr. Speaker, it has been started, the property is started, they did not stop building, they got the application back in July 2015. So the question is I would be more interested in when was the appl ication, as the Act says, the hotel developer may apply in writing to the Minister. When was that application applied for? Because I believe . . . and
Bermuda House of Assembly let me just say, this side supports those developers greatly —greatly. As a matter of fact , I have heard comments that they kind of like us better than them. Comments I have heard around different tables, but you know. So the issue is what is the Minister talking about when he is talking about getting people back to work? There are people working on the buildi ng right now. There are people at the hotel , why? We approved concessions for them. So I do not know what the Attorney General is talking about. So I would be more interested on when the application came through because this is what I believe happened. You know , those developers have gone through quite a few changes . They believe that they . . . and they just went ahead and started to build. Then s omebody said, Hey, maybe we can apply for a concession order. That is what I think really happened. Because the development . . . the concession order . . . most developers of hotels apply for the co ncessions before they start building because they do not know what this House is going to say. So I would be very interested on when that application came through because if this House right now said, We’re not going to approve this , [do you think] they are not going to finish that building around on Bermudiana Road ? I doubt it. But my honourable friend, the Learned Member from [constituency] 34 has an interesting point . Thirty . . .
The SpeakerThe SpeakerThirty -four, you are right. Hon. Wayne L. Furbert: [She] s aid that these offices, where are the restrictions? There are no restrictions in here that they cannot rent to anyone. There is no . . .how many dormitories are there in that building? How many floors are there of …
Thirty -four, you are right. Hon. Wayne L. Furbert: [She] s aid that these offices, where are the restrictions? There are no restrictions in here that they cannot rent to anyone. There is no . . .how many dormitories are there in that building? How many floors are there of offices? Can I take my accounting practice and go down there and open . . . rent from them?
[Inaudible interjection]
Hon. Wayne L. Furbert: Well, the Honourable Member . . . it does not say in this Order. It does not say here.
[Inaudible interjection]
Hon. Wayne L. Furbert: But the Honourable Member says they have no intention. Well, if you can make a dollar and get a return, Mr. Speaker, they . . . it is not that . . . well, they do not have the intention . . . they could. [Inaudible interjection]
Hon. Wayne L. Furbert: They could. That is the issue that we are talking about right now. And so should we not be putting a restriction that there is no rental of offices outside of their own property , or for the ir own use? Because those are interesting points that we have got to be considering. And I am sure when it was drafted or whoever thought about this, they did not think about that. Now, we know that there are dormitories that have been built for hotels. W e know that. We know that. And I heard one colleague say that there were some dormitories already for this property. I do not know, maybe there are dormitories already for this property . That is what I heard. Where they are I do not know. Now whether they need more . . . but that is a very . . . that is a very interesting . . . that is a very high profile and a very luxurious dormitor y around there, looking at the building around there on Ber-mudiana Road. It would be interesting to know who is up there, who will be staying up there. I do not know whether any dishwashers will be up there on the sixth floor, it may be for some other staff, it may be for executives , I do not know. So we would be interested to know where it is, but there are some concerns. So do not say that this side is not concerned about getting people back to work because they are working [there now] . That development took place . . . the start of the development took place under the Progressive Labour Party. I know the OBA would like to take credit for it , but they picked it up and they ran with it, but at the end of the day it came from this side. And how was it . . . I think it was $10 million they are investing in the property, I think I heard somebody say that , or a little more. But those are concerns that we have that . . . it is not about not getting people back to work, it is not about us not con-cerned about having concessions, we just believe that at the end of the day there is a point that you reach and you say, Well, you know, enough is enough. And can other developers . . . I do not know , can another hotel say, I’m going to put another office complex down on Front Street , or down on Bermudiana Road, or wherever , Par La Ville Road, wherever ? These are concerns that we have. And I know that every property will be dealt with individually, but you cannot at the end of the day have an open book and allow this to happen without any further restrictions to the hotel. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 3, MP Foggo, the Oppos ition Whip. You have the floor.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Mr. Speaker, I have to get up and speak as my colleagues have and say that, indeed, we are concerned because we believe that this concession order that is coming before us right now and that we are debating is not in keeping with the spirit …
Thank you, Mr. Speaker. Mr. Speaker, I have to get up and speak as my colleagues have and say that, indeed, we are concerned because we believe that this concession order that is coming before us right now and that we are debating is not in keeping with the spirit of the Hotels 2610 15 July 2016 Official Hansard Report
Bermuda House of Assembly Concession Orders , and I think that is our bone of contention on this side of the floor. When this came into being, it was put in place to ensure that hotels would be able to enhance their products by building things like maybe nightclubs, spas, and the like, and that there would be a direct benefit to the tourism product. At the same time they were also looking at how it will impact the locals. Is there a direct benefit to the economy? Is there a direct benefit to Bermudians in general? And so those are the questions that we are looking at when we meas-ure what this particular order is asking for against the whole spirit of hotel concession orders. So, like my honourable colleague who just took his seat said, we . . . first let me say this : Of course we are definitely pro having employment for Bermudians . But when that Hotels Concession Order went forward for the institution that we are speaking about right now it has allowed Bermudians to be employed. So asking questions about what they are tr ying to do going forward has nothing . . . does not in fact impede the employability of Bermudians. We have to ask these questions because so far, Mr. Speaker, the links have not been made in terms of whether or not this hotel s concession order meets the spirit of what it is supposed to do. And we on this side say that it does not because if you are talking about building dormitories and the like , it has a direct benefit for, as far as we know, I guess, the hotel worker who does not have a house , or a room to sleep in. But there is that negative impact that may ensue being, will it take from the local economy in that for those people, as the Honourable Mini ster for the economy pointed out, who may have low - income rentals, will it take from them? And certainly we do not see that necessarily as a benefit to them , because I would think that they would be making money in that exchange. It may have a detrimental effect when we look I sland- wide and see how many buildings are empty, how many apartments are still empty, and there are many. So I do not think that you can make the direct link that that will automaticall y put them in a position where they are going to benefit. I did not follow that argument , and I certainly did not appreciate it in the way in which it was presented because as soon as I heard the ar-gument it had the opposite effect. I know people in the community who rely on the rental incomes from people who do work in the hotel industry, who may then be pulled into those dormitory facilities , and that is a lost income for a homeowner who is relying on the rent. And I highlight that simply to point out the fact that when, you know, when we are giving concessions that though it may not be intended to have an imm ediate, negative, direct impact on some of the local economy, we cannot not stand up and point that out that it may indeed be the fallout of passing a concession order like this. And as my honourable colleague from constituency 5 did point out, I too want to join with him and say I invite the Government to withdraw this because it definitely does not . . . it is not in kee ping with the spirit of the Ho tels Concession Act which basically, and I will say it again, is for the purpose of enhancing the tourism product. So if you give concession orders to allow a hotel to do that it is for the purpose of enhancing the economy and Bermudians in general via employment and the like. And so I do not want to belabour the point, Mr. Speaker, because you have heard this particular cho-rus being sung already, but I did feel that I had to stand up and point out the fact that I feel that the Government failed to make the links where it could prove to us that it is in keeping with the Hotels Concession Act and is going to have the benefit that they are hoping that it will have to the tourism industry, to our local economy. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Mi nister of Finance, Bob Richards. You have the floor. Hon. E. T. (Bob) Richards: Thank you very much, Mr. Speaker. I have listened with interest to the comments of the Opposition and it would not be the …
All right. Thank you, Honourable Member. The Chair will recognise the Honourable Mi nister of Finance, Bob Richards. You have the floor.
Hon. E. T. (Bob) Richards: Thank you very much, Mr. Speaker. I have listened with interest to the comments of the Opposition and it would not be the first time that I have had to do this, Mr. Speaker, in this Honourable House, I think that sometimes we need to go back to basics , to first principles , to get a sense of what is being done and what is important here. We have heard the phrase, it is almost like a mantra coming from the other side, and the Honourable Member who just took her seat said it a few times, is that she thought that the spirit of the Hotels Concession was to enhance the tourism product. Well, let us look at what that actually means. Does that mean just to, you know, make the bar look nicer? Or to refurbish the rooms? Or , you know, make a few new restaurants? Does it mean to build a m arina? Does it mean that? I think the answer is yes, it does mean that ; but it m eans a whole lot more. B ecause to enhance the tourism product, Mr. Speaker, we have to have hotels in this Island that work in the long run. And what do I mean by work? Well , the investors have to have an engine for a rate of return. They have to. If they are making a long- term investment they are expecting a long- term return. And for us to have an enhanced tourism product, particularly —and I think everybody will agree with this —an enhanced tourism product that works in the long term, you have to think about these things in the context of the long term, you just cannot think of the things that actually touch a tourist’s hand. You cannot just think of it that way. You have to think of not only the things that
Bermuda House of Assembly touch a tourist’s hand, but the means of production of the whole experience of a visitor in Bermuda. And that is where we may have to look at this. You have to look at the economics of a hotel. That is what you have to look at. And the Bill that we have here today will help improve the economics of the hotel. And if we improve the economics of the hotel, then we are improving tourism and the employment opportunities for our people, particularly in the long run— particularly. And we have had a number of what I think to be sort of off -the-wall statements going on here t oday and one of them I thought was the reference to the late David Allen , the person first bringing a Hotels Concession Act. That is true, but let us face it, Mr. Speaker, that was patently inadequate because it did not result in any significant tourism infrastructure i nvestment. And how do I know that it was patently inad equate? Because in our first year in offic e we had a conference in hospitality for hospitality investors and they told us point blank that the concessions or the stimulus things that we had to encourage tourism i nvestment in Bermuda were inadequate, they did not pass muster as it related to other jurisdictions that compete against us. So let us not talk about who originally i nvented a hotel concession package. What we have got to think about is what we do today to not only a ttract the investment but to have that investment pr oduce a rate of return that these investors will talk to their friends all over the world and say , Yes, we got an investment in Bermuda and it’s working for us. And those people that they talk to will say , Yes, I want to make an investment in Bermuda too! A sustainable model in tourism is what we want and is what we need. And what we are doing here will help with that. The Honourable Member, I think from constituency 6, Mr. Furbert, seemed to be getting himself confused between the construction going on, on Bermudiana Road, with respect to the Bermuda Commercial Bank , versus where these dormitories are going to be, which is right next door at the old Bank of Bermuda building. Bermuda Commercial Bank is in the old Bermuda Home building which is right next door to where the Bank of Bermuda had some offices. That is where these renovations are going to take place, that is where these units are going to be put — in that building. And he seemed to think that the construction started, then the application was made afterwards . You know, the application was made February 2 nd this year. And I really do not think there is any construction started in that building. The constr uction he is talking about is in the next building. So I think he has got himself a little confused there. So, Mr. Speaker, we are trying to rebuild a sector that has been failing for 30 years as my honourable colleague , the Attorney General , very el oquent ly stated that case. One of the things that caused that failure for 30 years is some of the things I have heard in this House today. A kind of taking things for granted. I mean, we have not yet even got this industry back on its feet fully , yet I am hearing Members talking about, Well, you know, they do not need that . They are already making money . They have already got deep pockets .
[Inaudible interjection]
Hon. E. T. (Bob) Richards: I wrote it down here. Somebody said it , Hotels have deep pockets. [Inaudible interjection] Hon. E. T. (Bob) Richards: That is right. It is a type of thinking that has gotten us to where we are in hotel business today. That is the kind of thinking that , Oh, yeah, they’ve had enough. T hey’ve made enough money . We want what we want now. But Mr. Speaker, this industry is still barely . . . it is still on its knees compared to the heyday of 1981, 1982, 1983. Compared to that, this industry is still on its knees. So we cannot even have a glimmer of that kind of attitude. We have got to do what we have got to do to get this most important industry back on its feet in a sustainable way because it is the sustainabi lity of this that counts. We cannot have people coming here, investing money, and then we have a Gover nment apparatus that prevents them from getting a r eturn on their investment or limits them because, well, you know, we might be taking some rent from some other folks. That may or may not be true, but I can tell you something, Mr. Speaker, that everybody in Bermuda will be better off with a healthy, profitable, sustainable tourism industry. And in most particular we cannot —I repeat, we cannot —have a sustainable and succes sful tourism industry in this country without sustainably profitable hotels. It is impossible. Hotels are the pri ncipal, if you like, factory in a tourism industry. They are our principal factories. If they do not work , the sector does not work, as simple as that. And we have got to do what we have got to do. Y ou know, I have said this to other folks, Mr. Speaker, because we have had contraction in this industry for 30 years , we have got to not just do what is enough; we have got to do more than what is enough! We have to overcompensate just to make sure that we turn that negative momentum around. You people think this is easy? It is not! There are still lots of doubts out there among people who want to build hotels, and build hotels around the world whether or not they can actually have a successful investment and operation in Bermuda. The negativity from t he last 30 years is still out there in the hotel business and hotel operators around the world. So, we cannot just think that we are just 2612 15 July 2016 Official Hansard Report
Bermuda House of Assembly going to do enough. We have got to overcompensate. We have got to outperform. We have to be overachievers, period, to turn back that negative momentum. So I, like my colleague, the Minister of Ec onomic Development, am disappointed to hear this rhetoric coming from the other side here because ev erything I have just said they already know. Everything I have said, they already know that. But what we have to remember is that we have to overachieve to r emove 30 years of failure in tourism. We still have the wonderful product, but everybody in Bermuda should know by now that the wonderful product —the weather, Bermudians, the beaches, the water —it is all still here, but we are talking about business. And these things are not worth anything unless they can be turned into a rate of return for investors. That is the key here. You overachieve insofar as our welcoming that investment. Once we do that, our business will be successful. Thank you.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Honourable Member from constituency 17, MP Walton Brown. You have the floor.
Mr. Walton BrownThank you, Mr. Speaker. Mr. Speaker, I am going to begin my comments by paraphrasing a sentence or two from the Honourable Finance Minister. And it goes something along the lines of, We are in the business. Businesses have to make a profit, and they need to make a return …
Thank you, Mr. Speaker. Mr. Speaker, I am going to begin my comments by paraphrasing a sentence or two from the Honourable Finance Minister. And it goes something along the lines of, We are in the business. Businesses have to make a profit, and they need to make a return on their i nvestment. That is the key to providing any incentive when they want to invest in Bermuda. I think everyone in this House will accept that. We have been doing these hotel concessions for about 15 years. Perhaps not to the extent that many people have want ed the concessions to be in place, but about 15 years. Concessions have been extended to hotels because it is a critical component in their investment decisions, to ensure a rate of r eturn. We have also extended concessions to a number of other areas. The retail sector [and] the resta urant sector, because it is recognised that Bermuda’s very high cost of doing business represents an i mpediment for a number of potential investors, so you provide concessions in order to stimulate and encourage investment. This Government, which advances itself as being fully in tune with the business community and understanding what drives business, should under-stand by now that with the litany of concessions that are being proposed or put in place, because we are also propos ing concessions to the airport developers, they will not do the deal if they cannot get concessions —it should bring into relief a very fundamental question that the Government needs to answer and also the Opposition needs to answer. Is our taxation system ideally suited to accomplish the goals of i nvestment? The current system imposes tremendous expense on companies, from a taxation perspective, before they have even earned a dollar because of the custom duties [and] because of payroll tax. So we really ne ed to have a long and hard look as to whether or not our existing taxation structure is the ideal env ironment, the ideal framework, for encouraging and stimulating investment. If you are talking about rate of return for the long term, rate of return on in vestment for the long term, then we have to consider the suitability of our taxation system. I know the Government is not going to consider any abrupt changes in the short term, but I would propose that for the medium term we need to seriously consider mov ing away from our current sy stem. Extend the concessions to every other sector of business, and the Honourable Finance Minister will know that if you provided a more attractive framework for a business expansion and growth, other companies will get set up. So why are we limiting our consideration just to hospitality? There are many other entities that are connected to hospitality that could grow and prosper by altering our taxation system. So if we had an elim ination of payroll tax, an elimination of custo m duties, it would well stimulate a significant number of bus inesses. The Minister might say, But where is the tax revenue going to come from to upgrade the bus inesses? The Minister already knows where I am headed, Mr. Speaker. We need to look at taxation from the standpoint of those who actually achieve a profit. If you are going to provide a framework for growth, switch it so that when you have that success, when you get that return on investment, you give a portion of that back to the Government. So, if we are serious about growing the economy, if we are serious about expanding opportunities, then we will severely alter our current taxation system. I am happy with tax concessions for hotels. I am happy with tax concessions for anyone who wants to invest significantly in Bermuda. My submission is that Bermuda would do well, Bermudian business people would do well, by having the tax burden i mposed upfront removed so that business development can actually be encouraged and facilitated. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Premier. Premier, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, in direct reply to the Honourable Member who just spoke from c onstituency 17, I think Members will be aware that the Ministry …
Thank you, Honourable Member. The Chair will now recognise the Honourable Premier. Premier, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, in direct reply to the Honourable Member who just spoke from c onstituency 17, I think Members will be aware that the Ministry of Finance, under the direction of the Minister of Finance, is u nBermuda House of Assembly dergoing a tax review at the present time, which was announced a short time ago. Obviously, this review of a tax system is very complicated, and one that you cannot rush into. You have to look at it in the most appropriate manner for a number of reasons. One, you want to get it right; and two, you really do not want to create a loss of confidence in the community with any changes that might be rumoured to be taking place. But that is something that the Minister is looking at and he will keep updating [us] here. But that is a subject for another time. Tonight we are discussing, the first instance, the Hotels Concession Amendment A ct 2016, and while I have some comments about a property that has been the subject of this piece of legislation, I think it would be better suited for the next piece of legisl ation when we actually get to the legislation that i mpacts that property directly . So I will leave those comments there, other than to correct one comment that was made by a Member on the other side that the Fairmont is still the operating manager for the Pri ncess Hamilton Bermuda at this point in time. Now, in regard to this Hotels Concession Amendment Act 2016, first of all, let me thank the Junior Minister for guiding this through the House today. And let me take this opportunity to thank former Mini ster, colleague, Shawn Crockwell, for his very, very dedicated work in regard to hotel concessions. There have been a number of concessions over the past couple of years and the Minister has worked closely with his Permanent Secretary, Francis Richardson (at the time), and Stacey Evans, who is here in the House today, to guide them through. I think they have been very important. One of the things that I thought was critical to mention right up front in my comments, Mr. Speaker, was that there has been the sense from Members on the other side that we are giving too much away, or it is not necessary to give something away in this case. Look, I am very clear in my opinion with the support of my colleagues that we still need to support this industry to get investment in the Island. We have made some significant progress. There is some real pot ential there that is at various stages of development, and we are very excited by that. But there is still much that needs to be done to shore up the industry. I think the Hotels Concession Acts that we debate from time to time in this House are appropriate and we are considering some model of changes to that, but that is for discussion at another day. But, clearly, if you do not have investment in the Island, and if you come and want to attract people to invest in the Island, you are not giving anything a way if you do not have it. And that is a difference of opinion, I think, that we have with the Opposition. They believe we are giving something away. No. We are stating that we will allow these concessions to take effect if that i nvestor comes and invests in our community. There is a big difference here. If you want to simplify it quite a lot, you could look at stores. Why do stores have specials? Why do they give two for the price of one? They are trying to get people in the stores so they will come back over and over and over again. What we are trying to do here as the Government of Bermuda, with the support of the Opposition who implemented this Concession Act a number of years ago, is we are trying to get people in our doors here so they see the viabili ty of it, so they see that they can make a return on their i nvestment and we have a viable industry. And it is starting to take legs, but we have a long way to go. Now, in regard to this specific concession that we talked about here today where it extends the def inition to allow staff properties off -site, we have given concessions, Mr. Speaker, in the past on a number of occasions for on- site staff quarters development. So I say, What is the difference? Yes, the difference is onsite and off -site. But befor e when the concessions were given, and I will not name the properties, but Honourable Members can imagine what properties [they] are, why have people not questioned that? Why have they not questioned, Well, you are creating staff quarters there and you are taking potential rentals off the rental market and you are creating office space and storage space ( which all of these places had). Quite frankly, we are doing this because the place in question is bursting at the seams, and they need to be able to house staff who are all covered under [the] collective bargaining agreement with the BIU [Bermuda Industrial Union]. So the terms and conditions of the rentals, and what people get paid, whether you are Bermudian or non- Bermudian, are all covered under the terms of the agreement of the collective bargaining agreement. And I think it is important to state that case. As my honourable colleague, the Minister of Economic D evelopment said when he spoke earlier, this will help the Bermudian marketplace. Because in my humble opinion, Mr. Speaker, a lot of the hotel workers who will go into the marketplace, will quite simply get some of their colleagues, whether it is two, four, six, it could be more, and rent a couple of rooms and take that small apartment out of the mar ketplace that Bermudians will be looking to, that Bermudians could afford to rent. And I have heard Honourable Members on the other side say that exact same thing. But that comment has left the debate tonight. I think the deve lopers who were taking this approach should be ap-plauded for that because, one, they are putting more money into the economy; and two, they are allowing the rental market to be opened up for Bermudians so that Bermudians can move forward and get involved. I do not think we should overlook that critical nature of what we are trying to do here today. I think this is a positive situation for Bermuda, and yes, obv iously, because all concessions have to come to the House, we will have an opportunity at every time to 2614 15 July 2016 Official Hansard Report
Bermuda House of Assembly debate those concessions. And I think that is good because every concession will have to stand on its own merit. I think this change here tonight is forward thinking I think it will help the industry and it will put us on continued strong ground as we try to move the ho-tel indu stry forward, which creates so many opportun ities for Bermudians, and we should not overlook that. I will come back to that when we actually get to the next piece of legislation that ties into this. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Pr emier. Any other Honourable Members care to speak? There are no other Members speaking, so I would like to return to the Junior Minister to close out. Hon. Kenneth (Kenny) Bascome: Thank you, Mr. Speaker. I would just like to say to all the …
All right. Thank you, Honourable Pr emier. Any other Honourable Members care to speak? There are no other Members speaking, so I would like to return to the Junior Minister to close out.
Hon. Kenneth (Kenny) Bascome: Thank you, Mr. Speaker. I would just like to say to all the Honourable Members, thank you for your input. It has been very educational to see how many of my Bermudians are really concerned with this prime industry. I believe that what we are doing today, passing this Bill, Mr. Speaker, will bring a new life to the industry. I move that the Bill now be committed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Member has moved that the Bill committed. Are there any objections to that?
The SpeakerThe SpeakerThere are objections. All those in favour of the Bill being committed, say Aye. Those against, No. AYES.
The SpeakerThe SpeakerThey Ayes have it, so the Bill will be committed House in Committee [Mrs. Suzann Roberts -Holshouser , Chairman] COMMITTEE ON BILL HOTEL S CONCESSION AMENDMENT ACT 2016 The Cha irman: Members, we are now in Committee of the whole House for further discussion on the Bill entitled Hotel s …
They Ayes have it, so the Bill will be committed
House in Committee [Mrs. Suzann Roberts -Holshouser , Chairman]
COMMITTEE ON BILL
HOTEL S CONCESSION AMENDMENT ACT 2016
The Cha irman: Members, we are now in Committee of the whole House for further discussion on the Bill entitled Hotel s Concession Amendment Act 2016. I call on the Junior Minister in charge to pr oceed. Junior Minister, you have the floor. Hon. Kenneth (Kenny) Ba scome: Thank you, Madam Chairman. I move clause 1 and 2.
The ChairmanChairmanIt has been proposed that we move clauses 1 and 2. Are there any objections to that motion? No objections. Please proceed. Hon. Kenneth (Kenny) Bascome: Clause 1 is the standard citation. Clause 2 amends the definition of “hotel” in section 2(1) of the Hotels Concession Act 2000. At the …
It has been proposed that we move clauses 1 and 2. Are there any objections to that motion? No objections. Please proceed.
Hon. Kenneth (Kenny) Bascome: Clause 1 is the standard citation. Clause 2 amends the definition of “hotel” in section 2(1) of the Hotels Concession Act 2000. At the end of the definition of the “hotel” by inserting the words “and includes propose- built accommodation for at least 20 members of staff of the hotel and assoc iated offices and storage facilities, whether or not on the grounds of the hotel as defined in paragraph (a) or (b).”
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 2? Thank you. The Chair recognises the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. I am reminded of Maslow’s theory of instr ument, When the only tool you have is a hammer, ev erything looks like a nail. And we have seen from the Government a myopic view that is focused on one property, but we are changing legislation …
Thank you, Madam Chai rman. I am reminded of Maslow’s theory of instr ument, When the only tool you have is a hammer, ev erything looks like a nail. And we have seen from the Government a myopic view that is focused on one property, but we are changing legislation that can af-fect many properties. The perspective has been shaped by, and based on their comments (I do not wish to [impute] improper motives) it has been shaped by a myopic view for one property and a Bill being done today. The vision for tomorrow has not been laid out. What do I mean by that? [Madam Chairman], we have heard Members from the other side say that it will not be converted in the future to something else, but yet we see no provisions in this legislation, or the one that is forthcoming, to prevent against that. We have heard from the other side that this will do everything. You know, it will create jobs. It will stimulate the economy. It will, you know, do all these things. Right? And we make no dispute with the fact that the construction work is of benefit to Bermudians, if they are hired to work on these sites in any numbers. We recognise that the Government likely has the numbers to pass this, but we are deeply concerned that you are shaping legislation . . . your com-ments, your remarks, your approach is focused on one property, to the exclusion of all others. The legi slation in itself does not exclude all others, and that is where the concern comes in. I t is the protection. B ecause this is not about giving money away to people
Bermuda House of Assembly because they are nice, or because they have been good to us. It is not about that. It is about ensuring that when we give concessions that the public purse is protected. I believe that the people who will benefit from this first and foremost are good people. I have heard very good things about them when it comes to hiring Bermudians and the treatment of Bermudians. So our quarrel is not with them. Our quarrel is with legislation that just seems to have been put together with . . . I do not want to say without thought, that is not the word I want to use. It has been put together as though the only solution to every answer is to what benefited one property, in this one circumstance, in this one i nstance. We will go through the motions, we will do our thing, but that is very troubling. It is very troubling that that is the approach that has been taken. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak? The Chair recognises the Minister from constituency 23, the Minister of Home Affairs. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, I must respond to the comment made by the …
Thank you, Member. Are there any other Members that would like to speak? The Chair recognises the Minister from constituency 23, the Minister of Home Affairs. You have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, I must respond to the comment made by the Honourable Member with r espect his assertion that these concessions are in r espect of one property only. And while some of the verbiage might have directed itself toward the one property, when he says we are being myopic, if we were just doing the one pr operty, we would have come with just the one hotel concessions amendment Act for that particular property. But in order to be able to accommodate any future possibilities, you have to amend the umbrella legislation, and that is what this is doing. So ther e is an order that is coming later on which would be able to dovetail into an amendment to the actual Act itself, and if there are further requests somewhere down the road, then that could also have already been accommodated by the amendment that we are putting through here. So I disagree with the Honourable Member to say that it is myopic and it is singularly focused. In fact, in order to be able to look at a broader spectrum, as and when the opportunity exists down the road, then you have to have the enab ling legislation. What this clause 2 does is bring that enabling legislation into effect. Thank you.
The ChairmanChairmanThank you. Are there any other Members? The Chair recognises the Member from constituency 5. You have the floor. Hon. Derrick V. Burgess, Sr.: Yes, thank you, Madam Chairman. Madam Chairman, what concerns me about this Act is that [if] two years down the road any hotel, after getting approval …
Thank you. Are there any other Members? The Chair recognises the Member from constituency 5. You have the floor. Hon. Derrick V. Burgess, Sr.: Yes, thank you, Madam Chairman. Madam Chairman, what concerns me about this Act is that [if] two years down the road any hotel, after getting approval for tax exemption, sells that property, there is no provision in there of any penalties, as far our concessions coming back to the Government, at least part of it coming back to the Go vernment. I want to know what is . . . what I am saying is . . . is that correct? Once they sell, that is it. They take their concession and they just pocket everything as they have been doing.
The ChairmanChairmanThank you, Member. The Chair recognises the Member from constituency 34. Oh . . . you want to? The Chair recognises the Minister from constituency 22. Dr. the Hon. E. Grant Gibbons: Thank you. Thank you, Madam Chairman. Madam Chairman, I think it is important to recognise that this is …
Thank you, Member. The Chair recognises the Member from constituency 34. Oh . . . you want to? The Chair recognises the Minister from constituency 22. Dr. the Hon. E. Grant Gibbons: Thank you. Thank you, Madam Chairman. Madam Chairman, I think it is important to recognise that this is enabling legislation. This does not give a concession in terms of the amending Act right now. It does not give a concession to anybody in the future. They would have to apply for a c oncession order. It would have to be approved by Government and then it would have to come to the House in terms of that concession order. This is simply enabling and, as I said earlier, provides for the ability for an off -site accommodation. So that is one thing that is quite i mportant. The second thing that I was going to say was, and I am sure my honourable colleague could clarify this, but there has been a change in zoning for this particular property. So conspiracy theories around flipping this thing in a year or so and making a big profit, or whatever else, are going to have the addi-tional constraint of having to go back to Planning and getting a change. They may or may not allow that, particularly if someone said, We need accommodation for a number of years. Planning may say, Tough luck. We just don’t see that as something we are going to do right now. I think the hotel has been pretty clear. This is for their use, this ability to be able to use it for accommodation, and they do not intend to use it f or making money and other purposes. In fact, the point of fact is it would probably be very difficult to make money with renting out office space these days because there is still a glut of it. I think it just does not make sense in a pragmatic way. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Hotels Concession Amendment Act 2016? 2616 15 July 2016 Official Hansard Report Bermuda House of Assembly The Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsWell, Madam Chairman, I think that one of the things we have learned when it comes to the OBA, when they cannot answer ques-tions, they come back with, You don’t understand. You don’t get it.
The ChairmanChairmanMember, we are going to speak to the Bill.
Mr. Jamahl S. Simmons—but I am speaking to the responses that we have gotten. We are amending the Hotels Concession Act. We understand that. We are saying that with this change, in the original legislati on there are conditions and terms put specifically relating to investing in the hotel property for the benefit …
—but I am speaking to the responses that we have gotten. We are amending the Hotels Concession Act. We understand that. We are saying that with this change, in the original legislati on there are conditions and terms put specifically relating to investing in the hotel property for the benefit of guests and people coming in. Correct? What we are saying is that while they continue to be myopically focused on one property, and giving us assurances that their property will not have any issues, we are talking about going down the road. The protections when someone else says, I want to do this. The protection that says, If you build this, you cannot convert it. You cannot do X -Y-Z. That is wh at we are talking about. And I am going to have to take a quote from the OBA, They just don’t understand.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the Bill entitled, Hotels Concession . . . The Chair recognises the Member from constit uency 34.
Ms. Kim N. WilsonThank you, Madam Chairman. My questions relate to [clause] (2). Could the Honourable Junior Minister indicate whether there will be provision for the hotel developer to charge a rent for the assoc iated offices and the storage facilities? And my second question relates to the comment that was just advanced …
Thank you, Madam Chairman. My questions relate to [clause] (2). Could the Honourable Junior Minister indicate whether there will be provision for the hotel developer to charge a rent for the assoc iated offices and the storage facilities? And my second question relates to the comment that was just advanced by the Honourable Member from constituency 22, Minister Dr. Grant Gibbons. Perhaps the Honourable Junior Minister can answer this. The question was asked previously concer ning the transfer of the hotel, but pursuant to section 4A, if I may, under the Hotels Concession Act, it indicates that “A hotel concession order granted to a hotel developer shall continue to apply to the hotel in r espect of wh ich it was granted, notwithstanding that another person becomes the hotel developer . . ..” There is no provision in the Act that says that they must then come back to the Minister, who in turn comes to the House, as was just purported, for sanction of the House. So I guess the question, if I can repeat it perhaps in behalf of my Honourable Member that sits to my right is, What is there in this legislation that pr events a developer from selling the property and then the subsequent developer then still receives the benefit of concessions? Because, remember, we are amending this so now the definition of “hotel” will not just be the hotel that we go and stay in overnight, it will now be a building, a residence, et cetera, because we are enlarging the definition. Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Hotels Concession Act? There are no other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Junior Minister. Hon. Kenneth (Kenny) Bascome: Thank you, Madam Chairman. The office space will …
Thank you. Are there any other Members that would like to speak to the Hotels Concession Act? There are no other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Junior Minister. Hon. Kenneth (Kenny) Bascome: Thank you, Madam Chairman. The office space will be specifically for the use of the hotel property. [Inaudible interjection] Hon. Kenneth (Kenny) Bascome: The office space will be for the specific use of the hotel property, a nd any other entities will have to come back and have it approved by the House, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Member from constituen cy 6, please. Hon. Wayne L. Furbert: Yes, thank you, Madam Chairman. I heard the Junior Minister say that the office space is for specific . …
Thank you. Are there any other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Member from constituen cy 6, please. Hon. Wayne L. Furbert: Yes, thank you, Madam Chairman. I heard the Junior Minister say that the office space is for specific . . . but where in the legislation does it say this? Where does it say that? How can you say that it is only for th eir use? Where? I am asking the Minister, where do you get that information from?
The ChairmanChairmanThank you, Member. The Chair recognises the Member from constituency 34.
Ms. Kim N. WilsonYes, thank you, Madam Chai rman. And an extension to the question that was just asked, perhaps the Honourable Junior Minister can also indicate where in the Act does it say that if the space is rented to another entity, quote, “then they must come back to the House for …
Yes, thank you, Madam Chai rman. And an extension to the question that was just asked, perhaps the Honourable Junior Minister can also indicate where in the Act does it say that if the space is rented to another entity, quote, “then they must come back to the House for approval.” Perhaps
Bermuda House of Assembly the Junior Minister can show us w here in the Act that we are looking at does it say that as well?
The ChairmanChairmanThank you, Member. The Chair recognises the Junior Minister. Hon. Kenneth (Kenny) Bascome: Madam Chairman, it is envisioned that the office space will be used by the hotel pr operty that is being granted these tax concessions. Thank you, Madam.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Madam Chairman, the Ho nourable Member said first that it is only for the use of the hotel. Now he is saying it …
Thank you. Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Madam Chairman, the Ho nourable Member said first that it is only for the use of the hotel. Now he is saying it is envisioned that it will only be for their use. You cannot just say that. Not in this House. We go by legislation. There has to be something in the Act that says that. You cannot make . . . you cannot even make a policy for that. Once you have given the rights for the hotel to have offices, you cannot tell them who they can put in the office. Where are we? Is this Mickey Mouse?
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Honourable Member from constituency 22. Dr. the Hon. E. Grant Gibbons: Thank you. If I can help that Honourable Member with his Disney Worl d sense of it. …
Thank you, Member. Are there any other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Honourable Member from constituency 22.
Dr. the Hon. E. Grant Gibbons: Thank you. If I can help that Honourable Member with his Disney Worl d sense of it. The primary Act, the Hotels Concession Act, allows the Minister to provide cond itions and terms for these concessions. So, the Mini ster is able in the concession order and/or in other terms, to provide requirements, and I suspect, the condit ions would be that if there is any change of use or anything of that sor t, you have to come back to the Minister to get approval for that. That is a standard practice. That has been going on for a while now. I am surprised the Honourable Member is not awar e of that. Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Bill? The Chair — Hon. Wayne L. Furbert: Madam Chairman—
The ChairmanChairmanWhat a minute! I know you are e xcited to keep going. The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I am changing it from Mickey Mouse at Disney [to] Wonderland now. Because the Honourable Member, if you can show me . . . just show …
What a minute! I know you are e xcited to keep going. The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I am changing it from Mickey Mouse at Disney [to] Wonderland now. Because the Honourable Member, if you can show me . . . just show me a document that you have produced for that, that tells a hoteli er what they can do. Show me one. You got one on your desk? Because you do not have one.
[Inaudible interjection]
Hon. Wayne L. Furbert: No, you do not have one. And so my point is that we should put in this Act, make it very clear, that it is only for the use of the hotel.
The ChairmanChairmanThank you, Member. The Chair recognises the Member from constituency 22, the Honourable Minister. Dr. the Hon. E. Grant Gibbons: Yes, it does not go in this because different hotels, or different concessions in the f uture, may have different requirements. So, it goes in the concession order specific to …
Thank you, Member. The Chair recognises the Member from constituency 22, the Honourable Minister.
Dr. the Hon. E. Grant Gibbons: Yes, it does not go in this because different hotels, or different concessions in the f uture, may have different requirements. So, it goes in the concession order specific to that particular hotel. We deal with it quite a bit in the Ministry of Economic Development where consent is given under the Companies Act, the Minister can apply condi tions. That is the same thing that occurs here with respect to the primary Act, which is the Hotels Concession Act. The Minister can apply conditions and terms related to a concession. It is very simple. Thank you.
The ChairmanChairmanThank you. The Chair rec ognises the Member from constituency 34.
Ms. Kim N. WilsonThank you, Madam Chairman. I appreciate that under the Companies Act there is quite a lot of latitude for the Minister to provide concessions; however, again, looking at the substantive Act, section 4, with your leave, may I?
Ms. Kim N. Wilson[It] indicates that upon the Mini ster accepting the application and he is satisfied that it is for national economic interests, et cetera, et cetera, the concession order may m ake the following prov isions. And none of these say anything about letting somebody rent an apartment. “Full or partial …
[It] indicates that upon the Mini ster accepting the application and he is satisfied that it is for national economic interests, et cetera, et cetera, the concession order may m ake the following prov isions. And none of these say anything about letting somebody rent an apartment. “Full or partial relief from, or deferral of, customs duty ; full or partial exemption from, or deferral of, land tax ; full or partial exemption from, or deferral of, hotel occupancy tax ; full or partial exemption from, or deferral of, payroll tax ; a reduction or deferral of the 2618 15 July 2016 Official Hansard Report
Bermuda House of Assembly land-holding charge payable . . . to the Immigration Department; full or partial relief . . . [concerning the] charge required f or the renting out or use for profit of a hotel . . . under the Immigration Act; the lease” . . . and it is a provision about the lease. And then it goes on and says, which nobody has talked about yet today, the “ hotel concession order may [also] be made subject to such terms and conditions as the Minister thinks fit, . . . in particular . . . the employment and training of Bermudians; the obtaining of planning permission under the Develo pment and Planning Act 1974. ” Now, perhaps the Honourable Junior Minister from constituency 1 can explain the meaning of section 4(4) of the substantive Act, insofar as the questions that are being asked as it relates to the terms and conditions.
The ChairmanChairmanThank you, Member, but we are g oing to focus on the Hotels Concession Amendment Act that we have before us. Are there any other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Member from constituency 5. Hon. Derrick V. Burgess, Sr.: Madam …
Thank you, Member, but we are g oing to focus on the Hotels Concession Amendment Act that we have before us. Are there any other Members that would like to speak to the Hotels Concession Act? The Chair recognises the Member from constituency 5.
Hon. Derrick V. Burgess, Sr.: Madam Chairman, every hotel that has appl ied to change their use from hotel to other uses, has never been turned down. Numerous, numerous properties. So it is very easy to do, obviously, judging by the history.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak? The Chair recognises the Member from constituency 34.
Ms. Kim N. WilsonThank you, Madam Chairman. I just want to clarify something, because I do not want to seem as if I have been misleading. But section 4(4) of the substantive Act, does indicate that “a hotel concession order may be made subject to such terms and conditions .” So I want …
Thank you, Madam Chairman. I just want to clarify something, because I do not want to seem as if I have been misleading. But section 4(4) of the substantive Act, does indicate that “a hotel concession order may be made subject to such terms and conditions .” So I want to clarify that. I was not attempting to mislead this House. Thank you.
The ChairmanChairmanThank you, Member. The Chair recognises the Honourable Dr. Gibbons from cons tituency 22. Dr. the Hon. E. Grant Gibbons: Thank you. I appreciate the Honourable Member pointing that out because I was just about to go there. What it actually says, the principal Act, is, “a hotel concession order …
Thank you, Member. The Chair recognises the Honourable Dr. Gibbons from cons tituency 22. Dr. the Hon. E. Grant Gibbons: Thank you. I appreciate the Honourable Member pointing that out because I was just about to go there. What it actually says, the principal Act, is, “a hotel concession order may be made subject to such terms and cond itions as the Minister thinks fit.” Broad latitude. It goes on to say “i ncluding in particular terms and conditions ” as the Honourable Member said before. So the Mini ster has latitude there. But, I think, let us come back to clause 2 here. What we are really talking about is for hotel use. This does not include renting it out for office space or things of that sort. I think the Minister, certainly the Minister that I am aware of, would say, You know, come on! You have built this because you want to have a little bit more administration there as opposed to the hotel. You can’t fit it perhaps in the hotel itself. You want to do it outside. You can’t fit accommodation in the hotel. You are doing it outside. If you start to stray away from that, we are going to have a problem with that because the Act itself refers specifically to hotel use. You have a Planning problem if you try and change it to other use, you’ve got —
[Inaudible interjection]
Dr. the Hon. E. Grant Gibbons: Sorry? Yes, so I think we ar e going . . . I understand how conspiracy theories work here, but I think we are really going way off the reservation here in terms of conspiracy theories as to what this group may do. They clearly want to have additional accommodation. They want them out of the Southampton Princess. I think if another hotel comes along at some point in the future and they want to apply for this, they are going to have look at this in terms . . . sorry, the Ministry will have to have to look at this in terms of what the requirements are, what they need, and he can put, according to section 4(4) of the Hotels Concession Act, terms and conditions on there as he sees fit. If you are doing it for a specific purpose, and then you somehow want to change it, that just does not fly . Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Madam Chairman, if it was the Honourable Member Grant Gibbons, if it was the Honourable Member Bob Richards, if it was the Ho …
Thank you. Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency 6.
Hon. Wayne L. Furbert: Madam Chairman, if it was the Honourable Member Grant Gibbons, if it was the Honourable Member Bob Richards, if it was the Ho nourable Member Patricia Gordon- Pamplin, but we have got the Honourable Member Michael Fahy. [Inaudible interjection]
Hon. Wayne L. Furbert: No one, in the whole i sland—
The ChairmanChairmanAh! A Minister from another place. Hon. Wayne L. Furbert: He sits in another place. We know the whole world in Bermuda does not even trust that Minister.
The ChairmanChairmanMember! Member! We are not going to be — Bermuda House of Assembly Hon. Wayne L. Furbert: That is not . . . that is not — The Ch airman: Member! We are not going to go there. Hon. Wayne L. Furbert: That is the truth. Dr. the Hon. E. …
Member! Member! We are not going to be —
Bermuda House of Assembly Hon. Wayne L. Furbert: That is not . . . that is not —
The Ch airman: Member! We are not going to go there. Hon. Wayne L. Furbert: That is the truth. Dr. the Hon. E. Grant Gibbons: Madam Chairman. Point of order. Hon. Wayne L. Furbert: That is the truth.
The ChairmanChairmanThank you. Hon. Wayne L. Furbert: What is t he point of order? Dr. the Hon. E. Grant Gibbons: The Honourable Member —
The ChairmanChairmanWait a minute. Have a seat. Thank you. The Chair recognises the Member from constituency 22. POINT OF ORDER [Imputing improper motives] Dr. the Hon. E. Grant Gibb ons: Thank you, Madam Chairman. The Honourable Member is [imputing] i mproper motives. He should withdraw that comment.
The ChairmanChairmanYes. Member, Member — Hon. Wayne L. Furbert: Listen—
The ChairmanChairmanThe Chair recognises the Member from— Hon. Wayne L. Furbert: —the Honourable Member can poll them if he does not believe —
The ChairmanChairmanThe Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: But it says that the . . . what the Honourable Member . . . what the Minister would do. I am not sure I believe that Minister would do certain things like that. I do not have …
The Chair recognises the Member from constituency 6.
Hon. Wayne L. Furbert: But it says that the . . . what the Honourable Member . . . what the Minister would do. I am not sure I believe that Minister would do certain things like that. I do not have too much faith in that Minister. We are trying to get him to withdraw something today and he will not withdraw it. And his record speaks for itself for the last —
The ChairmanChairmanMember, we are going to speak to the Hotels Concession Amendment Act, please. Hon. Wayne L. Furbert: I am speaking to it. I am speaking about the Minister who has responsibility from a different place.
The ChairmanChairmanWe are going to talk to the Bill. Hon. Wayne L. Furbert: We are also talking about how they put in place, as far as hiring entertainers —
The ChairmanChairmanMember, Member. Sorry. We are speaking to the Hotels Concession Amendment Act. Hon. Wayne L. Furbert: Madam Chairman, I am tal king about what you can put in—
The ChairmanChairmanMember! Member! Hon. Wayne L. Furbert: Madam Chairman—
The ChairmanChairmanWould you like to have a seat and then think about the next question? Hon. Wayne L. Furbert: No, I am thinking about what I am saying.
The ChairmanChairmanPerfect. We would like stick to the Hotels — Hon. Wayne L. Furbert: I am speaking to the H otels—
The ChairmanChairman—Concession Amendment. Hon. Wayne L. Furbert: —Concession Act, Madam Chairman.
The ChairmanChairmanThank you. Hon. Wayne L. Furbert: I am speaking about what can go inside . . . inside the . . .
The ChairmanChairmanResidential? Hon. Wayne L. Furbert: Order.
The ChairmanChairmanInside the — Hon. Wayne L. Furbert: That is what Honourable Member said.
The ChairmanChairman—hotel? Hon. Wayne L. Furbert: He is speaki ng to the same thing I am speaking to.
The ChairmanChairmanMember. Hon. Wayne L. Furbert: The Honourable Member said this is what the Minister can do. And I am saying 2620 15 July 2016 Official Hansard Report Bermuda House of Assembly that the Hotels Concession Order, where the Minister says that you have got to put in enterta inment. Who …
Member. Hon. Wayne L. Furbert: The Honourable Member said this is what the Minister can do. And I am saying 2620 15 July 2016 Official Hansard Report
Bermuda House of Assembly that the Hotels Concession Order, where the Minister says that you have got to put in enterta inment. Who vets that? No one goes around saying, Well, let me see how many entertainers are around here. It does not work.
[Inaudible interjection] Hon. Wayne L. Furbert: My point is that you can put it in the order as much you want. It is not necessar ily going to be carried out. — Hon. Patricia J. Gordon -Pamplin: Madam Chai rman. Hon. Wayne L. Furbert: That is my point.
The ChairmanChairmanThank you, Member. Hon. Patricia J. Gordon -Pamplin: Point of order.
The ChairmanChairmanThank you. The Chair recognises th e Minister from constituency 23. POINT OF ORDER Hon. Patricia J. Gordon -Pamplin: Thank you. Madam Chairman, clause 2, to which we have been referring, speaks specifically to the amendment of the definition of a hotel. It is not by way of what is …
Thank you. The Chair recognises th e Minister from constituency 23.
POINT OF ORDER
Hon. Patricia J. Gordon -Pamplin: Thank you. Madam Chairman, clause 2, to which we have been referring, speaks specifically to the amendment of the definition of a hotel. It is not by way of what is included in the principal Act, by way of just brief reference we can understand. But this is not a debate on the principal Act. This is a debate to change the defin ition of “hotel” as it appears in the Act.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the Bill entitled Hotels Concession Amendment Act 2016? The Chair recognises the Member from constituency 13.
Mr. Diallo V. S. RabainThank you, Madam Chai rman. I would like to ask the Junior Minister, is he aware that there is no such zoning as hotel zoning within our Planning Development Act? So what zoning? I have heard the Honourable Member from constituency 22 mention it on several occasions. What zoning is …
Thank you, Madam Chai rman. I would like to ask the Junior Minister, is he aware that there is no such zoning as hotel zoning within our Planning Development Act? So what zoning? I have heard the Honourable Member from constituency 22 mention it on several occasions. What zoning is he referring to? Because there is no zoning under our Development Act in Bermuda which is called hotel zoning.
The ChairmanChairmanThank you, Member. [Inaudible interjections ]
The ChairmanChairmanThe Chair recognises the Junior Mi nister. Hon. Kenneth (Kenny) Bascome: Thank you, Madam Chairman. This is — [Inaudibl e interjection] Hon. Kenneth (Kenny) Bascome: I do not need any help at all. You just relax yourself. The zoning is for hotel rooming house, dorm itories, whatever you want. It …
The Chair recognises the Junior Mi nister.
Hon. Kenneth (Kenny) Bascome: Thank you, Madam Chairman. This is —
[Inaudibl e interjection]
Hon. Kenneth (Kenny) Bascome: I do not need any help at all. You just relax yourself. The zoning is for hotel rooming house, dorm itories, whatever you want. It is taking time to amend. It is amending! And that is as clear as it possibly can get.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the Hotels Concession Amendment Act 2016? Thank you. The Chair recognises the Member from constituency 13.
Mr. Diallo V. S. RabainThank you, Madam Chai rman. Just a little help for the Junior Minister. There is no such thing as dormitories zoning and the like. There is residential 1; there is residential 2; there is rural; there is tourism; there is institutional; commercial; mixed -use; industrial; and ai rport. That is …
Thank you, Madam Chai rman. Just a little help for the Junior Minister. There is no such thing as dormitories zoning and the like. There is residential 1; there is residential 2; there is rural; there is tourism; there is institutional; commercial; mixed -use; industrial; and ai rport. That is all we have. So, I guess the question is, which one would dormitories fall under?
The ChairmanChairmanThank you, Member. The Chair recognises the Environmental Mi nister from constituency 8. Hon. N. H. Cole Simons: Thank you, Madam Chai rman. I am surprised that the Honourable Member who just took his seat is asking the question again because he gave the answer two minutes ago. It falls …
The ChairmanChairmanThank you very much. Are there any other Members that would like to speak to the Hotels Concession Amendment Act 2016? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I would like to ask the Junior Minister if he can tell the Honourable House what per-centage …
Thank you very much. Are there any other Members that would like to speak to the Hotels Concession Amendment Act 2016? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I would like to ask the Junior Minister if he can tell the Honourable House what per-centage of this development will be offi ces and what percentage will be for staff accommodation?
The ChairmanChairmanThank you, Member. The Chair recognises the Junior Minister. Bermuda House of Assembly Hon. Kenneth (Kenny) Bascome: Madam Chairman, all of that will be covered in the next Bill, in the order that we will de liver.
The ChairmanChairmanThank you. In that specific Bill. Thank you. Are there any other Members that would like to speak to the Hotels Concession? The Chair recognises the Minister from constituency 8. Hon. N. H. Cole Simons: Madam Chairman, this is rather tiresome. This issue of staff accommodations and supporting buildings has …
Thank you. In that specific Bill. Thank you. Are there any other Members that would like to speak to the Hotels Concession? The Chair recognises the Minister from constituency 8. Hon. N. H. Cole Simons: Madam Chairman, this is rather tiresome. This issue of staff accommodations and supporting buildings has been around for 50, 60 years. Castle Harbour has it; Elbow Beach had it; Southampton Princess has it —
[Inaudible interjection]
Hon. N. H. Cole Simons: —for staff quarters. And so they have also had buildings affixed to it for other tourism hotel supporting services.
[Inaudible interjection] Hon. N. H. Cole Simons: Now, do you believe that the concessions that were affixed to the hotels that were recently developed that have hotel concessions and that have staff accommodations, do not enjoy the concessions? If a hotel has staff quarters, they enjoy the concessions. So in this particular case, the deve loper is trying to be just as competitive as its other competitors. So what h e saying is, I don’t have a space on my place for staff accommodations, but I want to be as competitive as Elbow Beach, as Tucker’s Point, and I want staff quarters too and I should enjoy the same benefits. I see nothing wrong with this because it all falls into the tourism formula and our ability to develop tourism in this country. They are only getting what other hotels currently enjoy.
The ChairmanChairmanThank you, Minister. Are there any other Members that would like to speak to the Hotels Concession Amendment? The Chair recognises the Member from constituency 13.
Mr. Diallo V. S. RabainThank you, Madam Chai rman And trust me, not to belabour the point, but I want to make it crystal clear to the listening audience, because they are listening to us and wondering what is going on up here, and getting very frustrated with what is going on. I want …
Thank you, Madam Chai rman And trust me, not to belabour the point, but I want to make it crystal clear to the listening audience, because they are listening to us and wondering what is going on up here, and getting very frustrated with what is going on. I want to make it clear to my colleagues as well, you cannot change the zoning of a property in Bermuda. Whatever zoning it is, it remains that zo n-ing. The property that we are talking about is zoned commercial, —
The ChairmanChairmanPoint of clarification? Hon. N. H. Cole Simons: No, misleading the House.
The ChairmanChairmanThe C hair recognises . . . if you would have a seat. The Chair recognises the Minister from constituency 8. POINT OF ORDER [Misleading] Hon. N. H. Cole Simons: This developer applied to the Department of Planning to have that building r ezoned as tourism. The application was successful, …
The ChairmanChairmanThank you very much, Minister. The Chair recognises the Member from constituency 13.
Mr. Diallo V. S. RabainThank you, Madam Chai rman. Again, not to belabour the point and not to point out to the actual Minister of Planning, but you cannot change the zoning of a property. You can change the use of the property. This particular thing that we are talking about is zoned commercial …
Thank you, Madam Chai rman. Again, not to belabour the point and not to point out to the actual Minister of Planning, but you cannot change the zoning of a property. You can change the use of the property. This particular thing that we are talking about is zoned commercial and it has now been cha nged. The change of use is now dormitories.
[Inaudible interjections ]
Mr. Diallo V. S. RabainThat is it. What we are tal king about, what you have got to understand is the zoning of the property always remains whatever the un-derlying zoning is, but you can apply for a change of use of the property. So you do not have to use it as a …
That is it. What we are tal king about, what you have got to understand is the zoning of the property always remains whatever the un-derlying zoning is, but you can apply for a change of use of the property. So you do not have to use it as a commercial building. They are using it as a dormitory building now. It is as simple as that. That is all I wanted to clarify. Okay?
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the Hotels Concession Amendment Act 2016? There are no other Members. The Chair calls on the Junior Minister. 2622 15 July 2016 Official Hansard Report Bermuda House of Assembly Hon. Kenneth (Kenny) Bascome: Madam Chairman, I …
Thank you, Member. Are there any other Members that would like to speak to the Hotels Concession Amendment Act 2016? There are no other Members. The Chair calls on the Junior Minister.
2622 15 July 2016 Official Hansard Report
Bermuda House of Assembly Hon. Kenneth (Kenny) Bascome: Madam Chairman, I move that clauses 1 and 2 be approved.
The Cha irman: It has been moved that clauses 1 and 2 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: Clauses 1 and 2 passed.]
Hon. Kenneth (Kenny) Bascome: I move the Pr eamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objections to that motion? No objections. Agreed to. [Gavel] Hon. Kenneth (Kenny) Bascome: I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be repor ted to the House as printed. Any objections to that motion? No objection. Agreed to. [Gavel] [Motion carried: The Hotels Concession Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] Hon. Kenneth (Kenn y) …
It has been moved that the Bill be repor ted to the House as printed. Any objections to that motion? No objection. Agreed to. [Gavel]
[Motion carried: The Hotels Concession Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.]
Hon. Kenneth (Kenn y) Bascome: Thank you.
House resumed 6:47 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
HOTELS CONCESSION AMENDMENT ACT 2016
The SpeakerThe SpeakerHonourable Members, the Hotels Concession Amendment Act 2016, second reading, has been approved. We move now to Order No. 9, which is consideration of the Electronic Communications (Spectrum Service Fees) Regulations 2016 in the name of the Minister of Economic Development. Dr. Gibbons, you have the floor. REGULATIONS ELECTRONIC COM …
Honourable Members, the Hotels Concession Amendment Act 2016, second reading, has been approved. We move now to Order No. 9, which is consideration of the Electronic Communications (Spectrum Service Fees) Regulations 2016 in the name of the Minister of Economic Development. Dr. Gibbons, you have the floor. REGULATIONS
ELECTRONIC COM MUNICATIONS (SPECTRUM SERVICE FEES) REGULATIONS 2016
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that consideration be given to Draft Regulations entitled Electronic Comm unications (Spectrum Service Fees) Regulations 2016 proposed to be made by the Minister responsible for telecommunications under the provision of section 40(3) of the Electronic Communications Act 2011 as read with section 44 of the Regulatory Authority Act 2011.
The SpeakerThe SpeakerThank you. Any objections to that? Carry on, please, Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I am pleased to introduce these regulations. They are being made as per section 40(3) of the Electronic Communications Act 2011 as read with section 44 of the Regulatory Authority …
Thank you. Any objections to that? Carry on, please, Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I am pleased to introduce these regulations. They are being made as per section 40(3) of the Electronic Communications Act 2011 as read with section 44 of the Regulatory Authority Act 2011. The regulations introduce a new set of Reg ulatory Authority service fees, specifically a spectrum application fee and a successful applicant service fee. These fees are designed to recover the procedural and administrative costs that the Regulatory Authority will incur in assigning certain high demand spectrum. Mr. Speaker, the Regulatory Authority is authorised to impose two different types of Regulatory Authority fees: service fees and general regulatory fees. The service fees are charges designed to r ecover from a licensee, a reasonable estimate of the cost to the Authority in performing this specific func-tion for which the fee is assessed. The general regul atory fee is calculated to cover all expenses incurred by the Authority for the supervision of the electronic communications industry that are not recovered from service fees or other sources. Mr. Speaker, section 44(3) of the Regulatory Authority Act 2011 states that any service fee (and I quote) “ shall be designed to recover from a sectoral participant a reasonable estimate of the cost to the Authority of performing the function for which the fee is assessed. ” Mr. Speaker, on May 11, 2016 the Authority issued a Request for Applications for assignment of designated HDS -1 frequencies in the 850 MHz, 700 MHz, and 2100 MHz bands, otherwise known as the RFA (the Request for Applications). The purpose of the RFA is to establish the procedures, criteria, and conditions for the award of individual spectrum l icences for specific bands of the radio spectrum ident ified as high demand spectrum. The high demand spectrum bands were identified in the Spectrum Policy
Bermuda House of Assembly Statement issued by the Minister on September 22nd, 2014. Honourable Members may recall that a portion of the high demand spect rum was the 700 MHz band relinquished by World on Wireless [WOW]. Mr. Speaker, section 13.6 of the Request for Application provides that “if the Authority grants one or more of an applicant’s request for spectrum, the successful applicant must pay a one- time successful applicant service fee, if one or more of its eligible alternate requests are selected by the Authority.” The Authority has therefore recommended to the Minister that the successful applicant service fee be set at $40,000 for each successful applicant. Mr. Speaker, further, and in accordance with the policy, the Authority also recommended the creation of the spectrum application service fee for future spectrum allocation bidding procedures. This fee would also be set at $40,000 and would be p ayable by each applicant upon submission of their applications. Mr. Speaker, the proposed spectrum applic ation fee would not be charged for the current request for application process since that process has already commenced and since the successful appli cant service fee would apply. For the avoidance of doubt, it would not be the Authority’s intent to levy both the application fee and the successful fee during any spectrum allocation bidding process. Mr. Speaker, as we are doing this all in the House, I w ill turn now to an explanation of the three clauses.
The SpeakerThe SpeakerAbsolutely. Dr. the Hon. E. Grant Gibbons: Two clauses, act ually, and the Schedule. Sorry. I should be correct here. They are actually called “regulations” because there are not “clauses” for regulations, —
The SpeakerThe SpeakerRegulations. Dr. the Hon. E. Grant Gibbons: —so I will call them “regulation 1.” It is a citation. These regulations are to be cited as the Electronic Communications (Spectrum Service Fees) Regulation 2016. Regulation 2 is the schedule of fees payable. This [regulation] makes reference to the Schedule to these …
Regulations. Dr. the Hon. E. Grant Gibbons: —so I will call them “regulation 1.” It is a citation. These regulations are to be cited as the Electronic Communications (Spectrum Service Fees) Regulation 2016. Regulation 2 is the schedule of fees payable. This [regulation] makes reference to the Schedule to these regulations which specify the service fees payable to the Regulatory Authority and the actual fees payable, the Schedule for these regulations specify the actual servi ce fees that are payable. They are: $40,000 for the spectrum application service fee and $40,000 for the successful applicant service fee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you very much. The Chair will now recognise the Honourable Member from constituency 33, MP Jamahl Simmons. You have the floor.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. This is not contentious legislation. It actually is, and I am a bit of policy wonk , so sometimes these things get me a little bit more exci ted than probably members of the public or my colleagues. But the issue of spectrum, and I make …
Thank you, Mr. Speaker. This is not contentious legislation. It actually is, and I am a bit of policy wonk , so sometimes these things get me a little bit more exci ted than probably members of the public or my colleagues. But the issue of spectrum, and I make no claims of being an env ironmental conservationist, but the conservation and preservation of spectrum access is going to be the issue for many jurisdictions going forward. The spectrum use (for the audience) is when you look at all the different devices we have —the tablets, the phones, the mobile devices that use the wir eless services—there is only a finite amount that we have access to by any of these technologies. And the more the technology advances, the more we move forward, the greater the pressure on the spectrum. The Government, in my opinion, has taken a very prudent step. These fees contained in this regulation are not onerous, and will help in preservi ng. What we must be very clear on in Bermuda, and I think the Minister is already working toward this, is having a long- term strategy for the sustainable development of our spectrum usage. That is clear b ecause this is a challenge around the world. It has been described as a “national resource” in many countries. As we see the expansion, we see a lot of devices getting cheaper, we see a lot more applic ations being used. As they will be used more, it will create greater pressure and it is important that we do not allow monopolies to build up, that we allow the access to be spread as far and wide as possible. So, Mr. Speaker, we are pleased with these regulations, and thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Any other Honourable Mem ber care to speak? Dr. Gibbons? Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I appreciate the remarks from the Honourable Member. I think the Government’s approach to this has been sent out in the Spectrum Policy which …
All right. Thank you, Honourable Member. Any other Honourable Mem ber care to speak? Dr. Gibbons?
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I appreciate the remarks from the Honourable Member. I think the Government’s approach to this has been sent out in the Spectrum Policy which came out a year or so a go. I think, as that Honourable Member will be aware, and Honourable Members would generally be aware, that spectrum used to be free. We are now charging a service for it as well, but that is above and apart from what we are doing here which is simply recovering administration fees for the Regulatory Authority for these spectrum applications. Mr. Speaker, I move that the draft Order be approved and that a message be sent. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you Dr. Gibbons. It has been moved that the Regulations be approved and that a message be sent to the Governor. 2624 15 July 2016 Official Hansard Report Bermuda House of Assembly Any objections to that? There are none, so a message will be sent to the Governor. [Motion …
Thank you Dr. Gibbons. It has been moved that the Regulations be approved and that a message be sent to the Governor. 2624 15 July 2016 Official Hansard Report
Bermuda House of Assembly Any objections to that? There are none, so a message will be sent to the Governor.
[Motion carried: The Draft Regulations entitled Electronic Communications (Spectrum Service Fees ) Regulations 2016 were considered by the whole House and passed.]
The SpeakerThe SpeakerWe now move to Order No. 10, which is consideration of the Heritage Wharf Conveyance in the name of the Minister of Public Works, Minister Cannonier. You have the floor. CONV EYANCE HERITAGE WHARF CONVEYANCE Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I move that consideration be given by …
We now move to Order No. 10, which is consideration of the Heritage Wharf Conveyance in the name of the Minister of Public Works, Minister Cannonier. You have the floor.
CONV EYANCE
HERITAGE WHARF CONVEYANCE
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I move that consideration be given by the Honourable House of Assembly and in accordance with section 2(1)(a) of the Acquisition of Land Act 1970, a conveyance made betwe en the West End Development Corporation (the vendor of the one part), and the Government of Bermuda, through the Ministry of Public Works, (the purchaser of the other part) as set out in the property as described as a piece of parcel of land adjoining the north breaker in Dockyard, island to island, in the Parish of Sandys.
The SpeakerThe SpeakerAny objections to that? Carry on, Minister. Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. I rise to present to Honourable Members the proposed re- conveyance of t he freehold interest in Heritage Wharf in Dockyard from the West End D evelopment Corporation, commonly known as WEDCO back to …
Any objections to that? Carry on, Minister. Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. I rise to present to Honourable Members the proposed re- conveyance of t he freehold interest in Heritage Wharf in Dockyard from the West End D evelopment Corporation, commonly known as WEDCO back to the Government of Bermuda. As the reconveyance is technically an acquisition, the reconveyance needs to be considered and approv ed by the legislature. Mr. Speaker, Honourable Members and members of the public would be familiar with Heritage Wharf and its location in Dockyard. Heritage Wharf, along with Kings Wharf are the primary berths for modern, large cruise ships that have regu lar scheduled visits and occasional visits to Bermuda during the cruise ship season which runs from April through O ctober each year. Mr. Speaker, prior to the completion of the construction of Heritage Wharf, approval was granted for the tabling before the legislature of the Land Reclamation Agreement under the Land Reclamation Act 1964, and the transfer of the developed land to WEDCO. The agreement was approved by the House of Assembly on the 18 th of March 2009, and by the Senate on the 23rd of March 2009. The then -Government subsequently conveyed the freehold i nterest in Heritage Wharf, Dockyard, to WEDCO for the nominal sum of one dollar on completion. The co nveyance document stated that Government had an irrevocable right to re- convey the lands at the same nominal sum if required. Heritage Wharf was co mpleted and accepted the first cruise ship in May of 2009. Mr. Speaker, the initial capital outlay for the construction of Heritage Wharf was in excess of $50 million. Following the conveyance of the land, the Auditor General then raised concerns that having the asset removed from Government’s balance sheet could materially weaken the financial position of Government’s Consolidated Fund. It was further recommended that the asset should be conveyed back to Government. It was agreed that the asset be conveyed back to Government in the 2015/16 Budget Year and a lease subsequently granted back to WEDCO. Owing to delays in preparing the draft co nveyance, the asset has remained on WEDCO’s books with an agreement that it would be transferred back to the Government in this financial year. Mr. Speaker, in preparation for the introduction and inaugural call of the Norwegian cruise lines newest ship, Breakaway , and to address outstanding repairs of damages related Hurric ane Igor in September 2010, the Government spent another $28.6 million to make repairs and upgrades in time for the cruise ship season in April 2013. This amount is currently being carried on the Government balance sheet as a work -in-progress asset. If the re-conveyance is not made, Government will have to grant the increased value of the asset to WEDCO in this fiscal year. So, Mr. Speaker, in addition to the capital outlay for the construction and repair of Heritage Wharf, it should be noted that the liability of insurance and r epair have been maintained by Government. Mr. Speaker, once the freehold interest in Heritage Wharf is re- conveyed to Government, a lease for a maximum period of 21 years (of course, with the minus , less a day) will be granted back to WEDCO so that they may continue the day -to-day management of the cruise ship berth and facility operation. The WEDCO Board has agreed to the reconveyance, and technical officers within the Ministry of Public Works are in advanced discussions with WEDC O, finalising the terms and conditions of the lease agreement. The total area of land to be con-veyed is 2.76 acres, and it is anticipated that the reconveyance and lease agreement will be completed imminently. So, with that in mind, Mr. Speaker, this exercise, of course, is an exercise of keeping proper f inancial records. So I will take my seat at this time to allow anyone else to speak to the matter.
The SpeakerThe SpeakerThank you, Honourable Minister. Bermuda House of Assembly The Chair will recognise the Honourable and Learned Member , from constituency 36, where the Heritage Wharf sits. Hon. Michael J. Scott: Thank you. The Shadow Minister of Public Works is in the House, but I am grateful for his allowing me …
The SpeakerThe SpeakerWell, you spend more time in that constituency than he does. Hon. Michael J. Scott: There you go. There is that, Mr. Speaker. [Laughter] Hon. Michael J. Scott: So, we hear the presentation and the policy frame in which the transferring of land of WEDCO is now going into the …
Well, you spend more time in that constituency than he does. Hon. Michael J. Scott: There you go. There is that, Mr. Speaker. [Laughter] Hon. Michael J. Scott: So, we hear the presentation and the policy frame in which the transferring of land of WEDCO is now going into the hands of Gover nment and for the reasons given. And will the Minister . . . I am not going to overstep. I will leave it to the Minister to confirm. But I am pretty sure that we are in support of this. But will the Minister confirm that the concern that we have that the . . . will there be losses of wharfage revenues over this potentially 21- year period? Will it impact, Mr. Speaker, the viability of revenue to WEDCO? And if so, to what extent? And is this a good fit, because WEDCO will continue to have to meet its obligatio ns? And will it therefore place on the Consolidated Fund the need to support WEDCO’s shortfalls as a consequence of losing the land and therefore the associated management revenue that it would gain from it? That was one of the questions I think we are goi ng to expect to have some clarification on. Thanks, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, MP Scott, the Learned Member. The Chair will now recognise the Shadow Minister for Public Works. You got here just in time. He now has the floor. Hon. De nnis P. Lister: Mr. Speaker, you know I am from the West, and we never miss out. …
The SpeakerThe SpeakerI said just in time. Hon. Dennis P. Lister: We are always on time, Mr. Speaker.
The SpeakerThe SpeakerI said just in time, Honourable Member. [Laughter and inaudible interjections ] Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, my honourable colleague, the MP for the area, from constituency 36, the Honourable Shadow Attorney General, raised a good point in reference to t he revenue and the …
I said just in time, Honourable Member.
[Laughter and inaudible interjections ] Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, my honourable colleague, the MP for the area, from constituency 36, the Honourable Shadow Attorney General, raised a good point in reference to t he revenue and the income, et cetera, that is generated there now, that I know WEDCO does benefit from. So that is a concern that will be expressed in having the responsibility now taken over [from] WEDCO’s books and put onto Government’s books, so to speak. We understand the process, based on what the Minister said. And I heard a little bit of it when I was coming back in. And I followed that piece, Mini ster. But really, there is a concern about, how does this transfer of conveyance, really, of the proper ty from WEDCO to Government actually impact WEDCO in its day-to-day operations? There are expenses that occur daily in reference to the upkeep and running of the wharf as it services the cruise ships, et cetera, that come in. And, yes, there is revenue that is made from that. So, will they be impacted in the long term in that regard? And with those few remarks, I think both sides of the House will support it and we understand why it is being done. But some clarification will be required on those issues. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Would any other Honourable Member care to speak? Minister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. They raise a very good question, and a logical question at that. I think the conc ern, definitely, with us as well , is how does this …
All right. Thank you, Honourable Member. Would any other Honourable Member care to speak? Minister.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. They raise a very good question, and a logical question at that. I think the conc ern, definitely, with us as well , is how does this work? Are there going to be any losses? And I want to be very clear that there will be no loss of wharfage to WEDCO itself. And we will have to take into consideration the fact that they have security ther e; they also maintain the lights. There are other things that we maintain. We also carry the i nsurances and the likes. And so we will have to weigh all of these things out as we look into the lease agreement. So we are not looking to be punitive here at all. The wharfage will not be touched. The operation itself will still maintain as it is today. As far as the tax is concerned, of course, all of those things will still continue to come to Government. And the wharfage as to King’s Wharf, as well as to Heritage Wharf, which is what we are talking about right now, will continue to go to WEDCO. As far as leasing the property, what will happen is we will be deducing from what we believe to be market value from there, of course, all of the things that they are maintaining and keeping up with as far as Heritage Wharf is concerned. So the only outlay from them will be an agreed lease amount for the properties, minus, of course, the effectiveness and the cost of actually maintaining Heritage Wharf. Now again, some of those things are split up—some we 2626 15 July 2016 Official Hansard Report
Bermuda House of Assembly take care of, some they take care of. But by no means will we be punitive at all. And they have known that this has been coming, actually for a couple of years now. So we are just getting to it.
The SpeakerThe SpeakerAll right . Thank you, Honourable Member. Hon. L. Craig Cannonier: So, thank you very much, Mr. Speaker. It does not seem that we need to be long. So there is no message to be sent to the Gover-nor regarding the conveyance, as a notice to be published in the …
All right . Thank you, Honourable Member. Hon. L. Craig Cannonier: So, thank you very much, Mr. Speaker. It does not seem that we need to be long. So there is no message to be sent to the Gover-nor regarding the conveyance, as a notice to be published in the Gazette , according to the Acquisition of Land Act 1970. I thank the Opposition for their input. So, with that in mind, Mr. Speaker, [I] move that this do pass.
The SpeakerThe SpeakerAll right. Thank you very much. It has been moved that the Heritage Wharf Conveyance be agreed upon. Are there any objections? There are none. [Motion carried: The Heritage Wharf Conveyance was considered by the whole House and approved.]
The SpeakerThe SpeakerWe now move on to Order No 11. O rder No. 11 is the Concessions Order, consideration of the Hote ls Concession (Hamilton Princess and Beach Club) Order 2016 in the name of the Junior Minister of Tourism. Junior Minister Kenneth Bascome, you have the floor. Hon. Kenneth (Kenny) Bascome: …
The SpeakerThe SpeakerGood evening. ORDER HOTE LS CONCESSION (HAMILTON PRINCESS AND BEACH CLUB) ORDER 2016 Hon. Kenneth (Kenny) Bascome: I move that consideration be given to the draft Order entitled the H otels Concession (Hamilton Princess and Beach Club) Order 2016, proposed to be made by t he Minister r esponsible for …
Good evening.
ORDER
HOTE LS CONCESSION (HAMILTON PRINCESS AND BEACH CLUB) ORDER 2016
Hon. Kenneth (Kenny) Bascome: I move that consideration be given to the draft Order entitled the H otels Concession (Hamilton Princess and Beach Club) Order 2016, proposed to be made by t he Minister r esponsible for Tourism, with the written agreement of the Minister of Finance, under the provisions of section 4 of the Hotels Concession Act 2000. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Are there any objections to that? Carry on, please, Junior Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the Order before this Honourable House relates to the Hotels Concession (Hamilton Princess and Beach Club) Order 2016 for concessions relief of customs duty and land tax only. This Order does …
Thank you. Are there any objections to that? Carry on, please, Junior Minister.
Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the Order before this Honourable House relates to the Hotels Concession (Hamilton Princess and Beach Club) Order 2016 for concessions relief of customs duty and land tax only. This Order does not provide for relief for hotel occupancy tax or payroll tax. Honourable Members will be reminded that the aim of the Hotels Concession Act 2000 is to i mprove the overall tourism product by affording tax r elief to hoteliers and developers who re- invest in their properties through development. Mr. Speaker, as my honourable colleagues would have seen in the local press this week, the Green family has purchased 36 Bermudiana Road, the former Bank of Bermuda building, to be converted into staff accommodations and office facilities for the Hamilton Princess Beach Club and Hotel. It is due to the lack of space and availability on the grounds of the hotel due to the extensive renovation over phases 1, 2, and 3 of the redevelopment of the hotels and amenities. The investment spent on this product is expected to be at $20 million—$5 million for the pro perty, Mr. Speaker, and $15 million in converting the commercial space into 55 residential rooms to accommodate 139 hotel staff. The top four floors will be accommodations for staff, and the ground floor will remain as a general office space for some of the ad-ministrative personnel who currently work at the hotel. The basement is identified as storage area. Mr. Speaker, all staff who work or stay at the new faci lity building are employees of the Hamilton Princess and Beach Club, and the hotel’s general manager is responsible for the day -to-day operations of this building. Mr. Speaker, the Order before this Honourable House today provides a capped amount of reli ef for land tax of no more than $200,000 per year for a total up to $1 million to be assessed for relief over five years of the Order. You will have to excuse me, Mr. Speaker. This light is . . .
[Pause]
Hon. Kenneth (Kenny) Bascome: Mr. Speaker, of the $20 million in investment, the total value of goods to be imported for the refurbishment of the building is estimated at $7 million. And based on 22.25 as the average percentage used to accumulate the value of duty relief, this is estimated to be approxim ately $1.5 million. The Order provides for full customs duty relief to be granted as outlined in the Hotels Concession Act 2000, to commence from the Order becoming law until the first anniversary of the opening date. Mr. Speaker, the Government of Bermuda continues to incentivise hoteliers to re- invest in their properties and amenities by way of the Hotels Co ncession Act 2000, and we are very pleased to see that hotel developers are seeking to invest or re- invest in staff accommodations, as well as enhanc ing, upgrading, and enlarging the staff, administration, and service areas. Thank you, Mr. Speaker.
Bermuda House of Assembly
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 13, MP Diallo Rabain.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Mr. Speaker, we have just gone through the exercise of an amendment to the substantive Bill that this Order comes from. But I do want to reflect on some of the things that were said during that —
The SpeakerThe SpeakerSpeak to the Order, young man. You have to speak to the Order. You cannot . . . do not reflect on all of that.
The SpeakerThe SpeakerBe mindful, yes. But speak to the O rder, Honourable Member.
Mr. Diallo V. S. RabainWell, Mr. Speaker, we will probably hear that the particular hotel that is being allowed to develop this property will be moving their staff from Southampton Princess and the like to come down here. But I think it is important for the public to understand and know, Mr. Speaker, that …
Well, Mr. Speaker, we will probably hear that the particular hotel that is being allowed to develop this property will be moving their staff from Southampton Princess and the like to come down here. But I think it is important for the public to understand and know, Mr. Speaker, that this building was acquired over a year ago. The plans to renovate the building were approved last year in June, June 2015. So it is not somet hing that has all of a sudden come up. It is something that has always been in the works. And now we have, today, a Concession Order. So it does beg the question, When was that Conces-sion Order asked for? Was it asked for last year, or was it asked for now , after substantial investment has been made, because there are approved plans? Now, Mr. Speaker, with your indulgence, I would like to read something. I would like to read something directly from the application for this dorm room, as we put it. And it s tates, as rationale, “The Hotel currently houses approximately 100 staff in var ious rented properties througho ut the Island.” Rented properties. They are not at Southampton Princess. Or that is the rationale that the hotel is giving for why they want to do this. They are taking 100 people, at least, from rented properties throughout the Island and put-ting them in a dormitory. Now, it is interesting that I continue to say “dormitory, ” Mr. Speaker. I continue to say dormitory because not only have I viewed t he planning file; I have looked at the plans. And, you know, we hear that we are taking people who go and rent three and four to a room, and we should be grateful that we are putting those types of properties back on the market. But, Mr. Speaker, these rooms that they are going to be staying in are two beds to a room, three beds to a room, four beds to a room. So we are taking them from a situation that they are already in to a situation that is identical. But the only thing that we are doing is we are taki ng that funding out of the private sector and causing hardship for the people whose apar tments they are not going to be renting anymore. So, when it comes to Orders like this, we have to balance ourselves and say, Should the taxpayer be paying for this? B ecause essentially that is what we are doing. If we are giving them tax concession, we are paying for them to withdraw their money from the private sector and give it back to the hotel, while we pay for it. Now, if we are taking them away from people who are eking out a living or getting monies from rental accommodations to not getting that money anymore . . . and despite what the Honourable Member from constituency 22 said, I do not think people out there are saying, Look how lucky I am. Now I have an emp ty apartment that I could rent to someone else. I do not know of anybody who is going to be saying that. Perhaps the Honourable Member . . . I am cur ious to know if he has ever been in that situation where the rental income is dependent on whether the mortgage is being paid [sic].
Mr. Diallo V. S. RabainI am curious to know. So we are looking at an Order. We are looking at an Order that is essentially creating hardship. We talked about it. We heard it. We do these concessions to grow Bermuda, to make Bermuda greater, to make Bermuda better. But we are doing a …
I am curious to know. So we are looking at an Order. We are looking at an Order that is essentially creating hardship. We talked about it. We heard it. We do these concessions to grow Bermuda, to make Bermuda greater, to make Bermuda better. But we are doing a concession that is going to cause hardship to the very people whom we are trying to hel p. How does that help? How do we, as Parliamentarians, sit up here and say, This is a great thing. This is a wonderful thing that we are doing right now, right now today, to enhance Bermuda. [We] c reate hardship over here so someone over t here can make mor e money and be more profitable than they already are. That is what we are saying. So, who makes the decision who gets to be profitable and who gets to be hurt? Now, the knock -on effect continues, because these particular dorms that are being created do not have kitchens, do not have kitchens. So there is going to be no food cooked. So they are not going to shop at the grocery store. What is the purpose? They are not going to shop at grocery stores. What they are going to say, according to the planning appl ication, “Staff meals will be prepared and served in the hotel’s exis ting staff cafeteria so there will be no commercial kitchen or cafeteria within the staff acco mmodations.” 2628 15 July 2016 Official Hansard Report
Bermuda House of Assembly No kitchen, so they are not going to go shop for an ything. Maybe a bottle of wi ne, you know, or something to drink that they can keep up in their room. And so, these are the sorts of things. So the question is, How much is too much? And so, Mr. Speaker, I think it is important, for me, for colleagues to understand I am not against hotels building accommodations [for staff]. I am against the Gover nment paying them to do it at the expense of Bermudians. That is what is happening. So now , when Mr. and Mrs. Bermudian cannot pay the rent or cannot get their mortgage paid, and they are now finding themselves having to go look for social insurance, the Government says, You don’t have any money for f inancial assistance. We don’t have any money for f inancial assistance. Why? Because we are giving tax concessions to put you in the position that you are in. It is as simple as that. Now, Mr. Speaker, in a round- about way, this ties into something my colleague, Mr. Commissiong, brought up with his motion, a liveable wa ge. If across the board there was a liveable wage, then there would not be need for staff accommodations, because ev eryone would be able to get what they need to get based on the wage that they are earning. But that s egues into what I do not want to go into too much because I want to specifically talk about the Order.
Mr. Diallo V. S. RabainSo, Mr. Speaker, we are tal king about 100 people now out of the rental market. Let us say, on average, they pay $1,000 a month. At $1,000 a month, it means $100,000 of rental income has disappeared. That is $1. 2 million of rental income disappearing from the market, …
So, Mr. Speaker, we are tal king about 100 people now out of the rental market. Let us say, on average, they pay $1,000 a month. At $1,000 a month, it means $100,000 of rental income has disappeared. That is $1. 2 million of rental income disappearing from the market, money that will now go to the hotel that we are giving concessions to build accommodations for. Who is really winning? Are the people we support winning? I do not think so. It does not seem that way. And I will be happy when I sit down to listen to —because I know it is coming—how wonderful this is going to be and how wonderful it is going to make it for our people in Bermuda and how great this is, a wonderful thing that we are doing. But, Mr. Speaker , I just do not see it. And I really hope Members on the other side can have a little more empathy for the people whom they will be creating hardships for in their quest to make their lives better. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourabl e Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 33, MP Jamahl Simmons.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. We have made most of the case in terms of what we feel about the concept. And recognising that this concession is for the Hamilton Princess and Beach Club, I would have liked to have seen— as we do not see it in this [ draft …
Thank you, Mr. Speaker. We have made most of the case in terms of what we feel about the concept. And recognising that this concession is for the Hamilton Princess and Beach Club, I would have liked to have seen— as we do not see it in this [ draft Order ]—an attempt to a ddress the issue of the FSI, the Fairmont Selection I nterview test . And the reason why I say that is because, as we are giving concessions, this is a major challenge, Mr. Speaker, in the hiring of Bermudians. And while I recognise that it is Fairmont’s global policy, it is my contention that when you have Bermudians who dis play sometimes decades of experience, but because they are unable to get through the test . . . they will tell you it is not a test. They will say it is a selection process. But when you have somebody who has sometimes 10, 15, 20 years’ experience get turned away because they cannot get into the cat egory of what they call highly recommend, recommend, do not recommend, that is a challenge. It is a cha llenge. And this is something, as we are giving concessions, we have to start looking at alternatives. There are jurisdictions where Fairmont is required to hire somebody who has proven themselves. And after three months, then they take the FSI and see if they qualify. But let us look at this. It is a challenge, Mr. Speaker. When I have people who have come, who have shown and demonstrated repeatedly that they have ability, and this one obstacle is impeding them from having an opportunity to work in their own cou ntry, while at the same time, we have people coming from other countries who take the test in their language and often cannot speak proper English, the Queen’s English, as they would have us say, in se rvice capacities, t hat cannot be right. So as we look ahead, let us begin to work not as a piggybank to help everyone get on. We have to work as partners. T he whole point of the Concession Act, the original Concession Act , was to protect the employment of Bermudians. And with this particular concession, this is the elephant in the room. There are people who come with their r ésumés, and they will tell you, Look at my experience. But I have been turned away. And I do not blame the owners of the hotel. That is not them; it is a policy, a global policy. But when you are drawing from talent, if you run a job ad in America, you may have 500– 600 applicants. So the weeding- out process does not necessarily create di sadvantages. The weeding- out process, in my opinion, here you may have five people applying. You may have five eminently qualified, excellent Bermudians who simply cannot get into the category of recommend on the FSI. We must look at these things, and not just to pick on this one just because of the Order that we are doing today, but as we talk to our partners, we have to begin collectively, Opposition and Government, to look at the impediments to Bermudians who otherwise would be given opportunities, and begin to address them as we give concessions, as we help these bus inesses to make a profit. It is critical. Bermudians must
Bermuda House of Assembly be protected. That was the point of the original Hotels Concession Act, and it is a point we will continue to push long after this Order has passed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 5, MP D. V. Burgess. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, this Order, on the interpretation to provide, the reasons for it is to provide staff a ccommodations. Mr. Speaker —staff, …
Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 5, MP D. V. Burgess. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, this Order, on the interpretation to provide, the reasons for it is to provide staff a ccommodations. Mr. Speaker —staff, as you know, pay for these accommodations. Most of the staff who live in pay, on average, $1,200 per month in rent. They do not have their own bathroom, their own toilet, no kitchen facilities there. They do not have that. And most of them are sharing rooms. In fact, some hotels, when they rent a property, just say, for example, they rent a two- bedroom property for four people. They are taking in almost $5,000 per month from these staff, Mr. Speaker. So, let us not think that all this is on the hotel. Staff do pay for their accommodations. Mr. Speaker, it has been said in this House that Bermuda has bee n on the decline for 30 years. Well, Bermuda cannot take all the blame for that, Mr. Speaker. Thirty years ago . . . and that is a true statement I truly believe. But 30 years ago, the hotels in Bermuda did not re- invest at a time when our competition, we get new competition and build a new plants . And we did not keep up. Because during the heyday, [before] 1985, hotels made a lot of money, but never invested. And also, some blame can be attributed to the then- Government, the UBP/OBA, because they cut the tourism budget over the objection of Sir Jim Woolridge. In fact, he was so strong about it that —
[Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: Yes, he is a Sir. Jim is a Sir. He was knighted. He was Sir Jim . Let me just make it very clear. Sir Jim was the best Tourism Mi nister we ever had. Let nobody fool you. And I believe that. And I say that from my heart. But Jim was very strong, very incensed about his budget being cut. And he let it be known wherever he went. Consequently, they moved him. And I think that was a downfall, or one of the downfalls of tourism in Bermuda. Because, let me tell you, I have been on fan trips with Jim Woolridge, the Honourable Sir Jim Woolridge. Sir Jim Woolridge can sell anything, I tell you. Just listen to him speak. You would want to come to Bermuda. Even if you are a Bermudian out there listening to him, you say, I want to go to that place.
[Laughter] Hon. Derrick V. Burgess, Sr.: He was good on his feet. Let no one fool you. And when we lost Sir Jim as a Tourism Minister, Bermuda suffered. And I put that as one of the [contributing factors] to our going bac kwards , and more so the hotels not investing in the plans when competition 30 years ago was not as great as it is today. But the competition was coming online. And they were building fabulous hotels. And we were not doing anything, Mr. Speaker. So that is where we, I think, fell down. And, Mr. Speaker, the hotels have had some help, not only from tax exemptions , but workers have sacrificed. Workers took a w age freeze for over three years in the hotel industry, workers from the Bermuda Industrial Union. They appreciated the situation they were in and took a freeze. You did not see that on the front page of the Royal whatever -they-call-it. No, b ecause they look at us as something other than what we really are, Mr. Speaker. And so, Mr. Speaker, I am certainly, again, against it. And I think Princess has done a tremendous job out there. The Greens have made some good investment s. I mean, they are turning that pl ace around. But to come outside of Princess and for any hotel to be able to go anywhere in Bermuda and call it hotel development and get a tax exemption, I have some difficulty with that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Mi nister from constituency 22. Dr. Gibbons, you have the floor. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Speaker. Mr. Speaker, maybe I can help here on a couple of factual issues. First of al …
All right. Thank you, Honourable Member. The Chair will recognise the Honourable Mi nister from constituency 22. Dr. Gibbons, you have the floor. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Speaker. Mr. Speaker, maybe I can help here on a couple of factual issues. First of al l, let me say that there is certainly agreement on both sides of the House that the Honourable C. V. Jim Woolridge, the “Voice of Summer, ” was an extraordinary Minister of Tourism.
An Hon. Member An Hon. MemberHear , hear! Dr. the Hon. E. Grant Gibbons: And as they sa y, he could probably have sold ice to Eskimos, as the old expression goes. I would just like to tackle a couple of issues, particularly some misinformation provided by the Honourable Member, Mr. Rabain, from constit uency …
Hear , hear!
Dr. the Hon. E. Grant Gibbons: And as they sa y, he could probably have sold ice to Eskimos, as the old expression goes. I would just like to tackle a couple of issues, particularly some misinformation provided by the Honourable Member, Mr. Rabain, from constit uency 13. First of all, the Concession O rder was act ually made in February of this year. And I am reliably informed that the sale did not go through for the buil ding in question until after that application was made and the Government was asked to consider a Concession Order. I think what we ha ve found, Mr. Speaker, with these [projects] is that the hoteliers, they do their 2630 15 July 2016 Official Hansard Report
Bermuda House of Assembly sums, and if it does not work out from a financial perspective for them, and they cannot get the Concession Order, then generally they do not proceed with things. And I think we have all understood the reasons why—
The SpeakerThe SpeakerYes, what is your point of order, sir? POINT OF ORDER [Misleading]
Mr. Diallo V. S. RabainMr. Speaker, I believe the Member is misleading the House. The pl anning appl ication, as I said, was approved in June of 2015 for the renovations of this office, in the name of the Hamilton Princess property.
The SpeakerThe SpeakerThank you. Go ahead. Carry on, Minister. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, thank you. I have not talked about planning applications. What I have talked about is when the Concession O rder was made. It was made in February of this year. And as I said, I …
Thank you. Go ahead. Carry on, Minister.
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, thank you. I have not talked about planning applications. What I have talked about is when the Concession O rder was made. It was made in February of this year. And as I said, I am reliably informed that the sale did not go through until after that. You can essentiall y make a planning application if you want to. But I think the issue is, when did the sale go through? And the Ministry was told that they were not going to proceed unless the concession was given. So, as I understand it . . . I am not the Minister, but as I understand it, those are the facts of the matter. I think it is also important to point out, Mr. Speaker, that the normal ratios for this hotel are pretty good. The hotel has some 487 staff. Of those, 358 are Bermudians and 129 are non- Bermudians. That is, 75 per cent of the staff at the Hamilton Princess Hotel are Bermudian. That is pretty good. I mean, I look around at some of the restaurants and some of the hotels here, and I would say that is a pretty good pr oportion, or percentage. There may be some sinners out there in terms of the proportion of non - Bermudians, but I do not think the Hamilton Princess is in that category. Just a couple of other things. I think it is also important to point out that the Government is not pa ying anybody to do anything here. What the Gover nment is saying is, If you proceed with this particular renovation —which is really what this is; it is a recond itioning of a building —then we will give you an ince ntive, a tax incentive to be able to do that. The Gov-ernment is not payi ng out any money. It is simply not collecting money, which it would not have gotten if the project did not go ahead anyway. So it is saying, We will participate with you in this. We will provide you an incentive. We will reduce your tax, in this case land tax and customs duty. We will reduce your tax if you proceed with this. We will give you a break on what we would normally charge in taxes. And the simple reason for that is, if you are not going to do it anyway, we do not get any money at all. So this way , at least Government gets some money out of this. We also get construction. We get a building which has been reconditioned. And it strengthens the overall hotel property, as my honourable colleague, Mr. Richards, said in terms of making it more sustainabl e over a period of time. I think the other point that is critical here is that, again we go back to this issue and I think it needs to be underscored. The majority, the lion’s share of these individuals are not actually living in rental units out in the co mmunity. I am told that the only rental units were a few, and they were done the last year or so. This essentially is not a long- term changing of Bermudians who have rental units on their apartments or whatever who are going to be losing a long lease from these employees. These are people who have been living at the Southampton Princess. And I do not know what the consideration is. But clearly, the Hamilton Princess, the owners are paying the Southampton Princess for the ability to be able to rent rooms up there. So it is a shift of rooms that are not in the community, per se, but at another hotel into these new accommodations, and as I said, it probably has a net positive benefit because we may have more capacity at the Sout hampton Princess. As opposed to using those rooms for staff quarters, they can probably now be used for visitors. So it is probably a plus -plus in that sense. I think the other issue is the normal arrangement here, as I understand it, for the Princess is that if you are an employee and yo u lived in staff quarters, then your remuneration is reduced accordingly. You do not have to live in staff quarters, but if you want to live outside, then you get a slightly higher remuner ation, which has not been deducted for accommodation. And it is open to Bermudians if they want to live there, but it would be the same level playing field, I am assuming, in terms of remuneration. So I am not sure many Bermudians would want to live there, but that is the way it probably is. But I do not think we are talki ng about Bermudians here. We are talking about non- Bermudians, basically, living in this accommodation. So, Mr. Speaker, I hope that helps. I cannot comment on the FSI that the Honourable Member, Mr. Jamahl Simmons, was talking about. I do not know the cir cumstances. All I will say is that I know other employees outside of hotels often have screening tests they apply. In financial services institutions, like banks, they want to make sure that people can mult iply and add, things of that sort. Oftentimes, in retail establishments, they are tested to make sure that somebody can give proper change, things of that sort. I hope that is not a reflection on the education system. But I think employers tend to do that —not everybody,
Bermuda House of Assembly but some certainly do because they want to have a certain standard of employee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will now recognise the Honourable Member from constituency 36, the Learned Member from constituency 36. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, knowing the Greens as I do, I would not have been surprised to know that they are having to …
Thank you, Honourable Minister. The Chair will now recognise the Honourable Member from constituency 36, the Learned Member from constituency 36.
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, knowing the Greens as I do, I would not have been surprised to know that they are having to piggyback on the accommodation over at the Southampton Princess. It is an arrangement they would have liked to have avoided and bring their staf fing within their own tent, as it were, within their own wheelhouse. So I am not surprised about that move and the pursuit of the purpose- built or purposerenovated accommodations on Par -la-Ville Road. I am rather hoping, too, Mr. Speaker, that the section 4 provision of the principal Act, which speaks to the modus vivendi of the Hotels Concession Act 2000 being economic enhancement and economic development . . . if indeed the Greens’ efforts and our efforts here today to convert this definition of “ hotel ” that accommodates what is an off -site accommodation to being within the definition, and this attracts business to the country, hotel construction and inward investment to the country, then we have done a good service, a yeoman’s service to the country. And certainly, the Greens’ particular application under this Order would have been the spearhead for it, and this will be a good thing. And I accept the arguments that I have heard in the earlier debate that long- term economic benefit, the l ong-term improvement of the economics of the hotel is a sustainable model that all investors should pursue, and that this is a reasonable expectation for hotel investors in this country, not least the Greens, who are involved in this particular application. I know that when I worked, as a student in London, and I was trying to score my way and pay my way, I entered into a restaurant and worked in the restaurant there. I was called the coffee boy. I made the coffee. I made the desserts. And I generally looked after the waiting staff who came. In any event, the point I am making is that I expected my food to be served to me by the hotel. So I did not expect the hotel, that restaurant, to force me out onto a Hyde Park corner to go and buy my food. It was the l east that the restaurant could do. And this is an expectation, I think, that happens in all hotels. So, whilst I do not get the argument that the accommodation is going to rob retail food suppliers or supermarkets of space because that happens now, I think it is a fairly general and standard practice. So, I come back to my point that the Minister, too . . . I mean, if we find that other applicants in this country who are hoteliers start to make these applic a-tions for off -site accommodation, I mean, and it begins to impact the economic model of our country, the Mi nister is under an obligation to look at that. He is under an obligation or she is under an obligation to look at that and adjust and make adjustments. But if, which is my expectation and hope, this Order today and the definition change that took place earlier stimulates inward investment because hoteliers outside and i nvestors outside say, This is yet another benefit and advantage to coming to Bermuda, this will be a very good thing. And so, in that sense, I have that hope and I would like to think that we may have done very good work here today by not opposing the previous Bill and/or this Order. And that is not to say that I have not taken note of the concerns raised by my colleagues in this House. But as we seek to deal with laser focus on what is going on here, it is a concession for a specific hotel development. And we should not get too far afield in bringing in all of the ills of the economy and putting it on this pinhead. Because the pinhead will not sustain it. So those are my observations. Thanks.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 6, MP Wayne Furbert. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I know we had a conscience vote last Friday, but I did not realise we had a conscience vote today. [Inaudible interjections ]
The SpeakerThe SpeakerWhat did you say, Honourable Member? I did not hear that. Hon. Wayne L. Furbert: I said I know we had a conscience vote last Fr iday, but I did not realise there was a conscience vote today.
The SpeakerThe SpeakerI did not hear that that was going on. Hon. Wayne L. Furbert: They understood it.
The SpeakerThe SpeakerYou heard something I did not hear, Honourable Member. Hon. Wayne L. Furbert: My point, Mr. Speaker, is that my honourable colleague, Diallo, from [constit uency] 13, said that there are 100 rental units that are now being taken out of the market and being put in this complex. It …
You heard something I did not hear, Honourable Member.
Hon. Wayne L. Furbert: My point, Mr. Speaker, is that my honourable colleague, Diallo, from [constit uency] 13, said that there are 100 rental units that are now being taken out of the market and being put in this complex. It has to have an economic impact. There has to be an econom ic impact on this one. I mean, one of us . . . go ahead. I will take your . . .
Hon. Patricia J. Gordon -Pamplin: Actually, a point of clarification, Mr. Speaker, if the Honourable Member is willing.
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Bermuda House of Assembly The Speaker: Would you like a clarification, Honourable Member? Honourable Member, are you paying attention? Yes. All right.
POINT OF CLARIFICATION
Hon. Patricia J. Gordon -Pamplin: The Honourable Member was concerned about . . . the people at the moment are staying at Southampton Princess and not in [rental] units, as the Honourable Member from [constituency] 22 indicated earlier. So they are coming out of hotel accommodations, and they will ultimately be housed in a different —
The SpeakerThe SpeakerJust sit down, Honourabl e Member, until she finishes. Yes. Okay. Hon. Patricia J. Gordon -Pamplin: And that is the information that we have.
The SpeakerThe SpeakerOkay. That was a clarification. Now, all right. What did you want to speak to? POINT OF ORDER [Misleading]
Mr. Diallo V. S. RabainA point to her clarification. The Member is misleading the House. And she is misleading the House because I stated that when I observed, when I looked at the planning application, it stated that the very first reason for the application to renovate this place was, “The hotel currently houses …
A point to her clarification. The Member is misleading the House. And she is misleading the House because I stated that when I observed, when I looked at the planning application, it stated that the very first reason for the application to renovate this place was, “The hotel currently houses approximately 100 staff in var ious rented properties around the Island.” And that is what the Member was referring to. [Crosstalk]
The SpeakerThe SpeakerAll right. Thanks. All right. Thanks. Okay. Thanks, Honourable Member. MP Furbert has the floor. Hon. Wayne L. Furbert: Thank you. So if that is the case, what my honourable friend has said, then it has to have an economic i mpact on someone. And if they are moving into …
All right. Thanks. All right. Thanks. Okay. Thanks, Honourable Member. MP Furbert has the floor. Hon. Wayne L. Furbert: Thank you. So if that is the case, what my honourable friend has said, then it has to have an economic i mpact on someone. And if they are moving into their own property, now they become landlords. And I would have thought that it would be unlikely that they are going to operate this place at a loss. So the r ecovery of the rent that they are going to be charging their staff would have been sufficient enough to cover what their expenses are for t he year. So now, they become the landlord. And as my friend said, it has an impact on the ordinary Bermudi-ans. Now, if that is not true, if they are renting right now from themselves, if they are using their own facil ities right now, I understand that. But if they are now taking out of the market 100- and-some staff, it has to have an economic impact on . . . and I know the Mi nister tried to clarify that. But we should get clarification whether that is the truth or not. What is the real status? And I know t here are some technical people in the room. What is the real status of those 100 people coming out? Are they in Bermuda rental units right now? Or are they in accommodations, or dormitories, that the hotel currently has? Because I thought I heard them say that they were in dormitories. I thought I heard them say on the property itself, of the property of Hamilton Princess. And so, for the expansion of the hotel itself, and for more guests, they are now moving them out to a nother accommodation. Now, I prob ably did not hear it right. But I would like to know if the Minister can clarify that particular issue. Because there has to be a concern if [they are] now leaving rental accommodations, where people are paying mortgages, to where we are now. So, clarify t hat part for us. We would like to know where that stands.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Junior Minister. Please go that way, Honourable Member. Honourable Member, go back. Go back that way. Go back, Honourable Member! Honourable Member, please go . . . I called on the Junior Minister.
An Hon. Member An Hon. MemberI am sorry. I apologise.
The SpeakerThe SpeakerPlease, please go that way. [Inaudible interjection]
The SpeakerThe SpeakerYes, wel l, I called on the Junior Mini ster, who should have been up. Yes, right, okay. It is all right. But the Minister should have been up, because I called you. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I must apologise. I started to rise when the Member went …
Yes, wel l, I called on the Junior Mini ster, who should have been up. Yes, right, okay. It is all right. But the Minister should have been up, because I called you.
Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I must apologise. I started to rise when the Member went . . . I am seeking some clarification so I can a nswer that gentleman’s queries, Mr. Speaker.
The SpeakerThe SpeakerRight. You may start. [Crosstalk]
The SpeakerThe SpeakerYou may start to wrap up, Honourable Member. [Pause] Bermuda House of Assembly The Speaker: Carry on. [Pause] Hon. Ke nneth (Kenny) Bascome: Mr. Speaker, the lion’s share of the staff who are looking to be housed in the new facility are staying on- site at the Southam pton Princess …
You may start to wrap up, Honourable Member. [Pause]
Bermuda House of Assembly The Speaker: Carry on.
[Pause] Hon. Ke nneth (Kenny) Bascome: Mr. Speaker, the lion’s share of the staff who are looking to be housed in the new facility are staying on- site at the Southam pton Princess facilities at this stage.
[Crosstalk ] Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I move that the following draft Order be approved and that a message be sent from this Honourable House to His Excellency the Governor. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. It has been moved that an Order be approved and a message sent. Are there any objections to that? There are no objections. So the Order is approved and a message will be sent to His Excellency the Governor. [Motion carried: The Hotels Concession …
All right. Thank you, Honourable Member. It has been moved that an Order be approved and a message sent. Are there any objections to that? There are no objections. So the Order is approved and a message will be sent to His Excellency the Governor. [Motion carried: The Hotels Concession (Hamilton Princess and Beach Club) Order 2016 was consi dered by the whole House and approved.]
The SpeakerThe SpeakerOrder No. 12 is carried over. We move to Order No. 13, in the name of the Minister for the Environment, N. H. C. Simons. You have the floor. MOTION CITY OF HAMILTON PLAN 2015 Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I now move that …
Order No. 12 is carried over. We move to Order No. 13, in the name of the Minister for the Environment, N. H. C. Simons. You have the floor.
MOTION
CITY OF HAMILTON PLAN 2015
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I now move that this Honourable House consider the following motion, notice of which was given on July 1st, 2016: THAT this Honourable House take note of and approve the City of Hamilton Plan 2015. Mr. Speaker, I ris e before the House today to present the City of Hamilton Plan 2015. City of Hami lton Plan 2015 is the fourth development plan for the City of Hamilton and supersedes the City of Hamilton Plan 2001. It provides the strategic direction for future development in the whole of the city and contains d etailed policies on permitted uses, building heights, setbacks, and parking for the majority of the city. The accompanying documents to this City of Hamilton Plan 2015 . . . the report of survey contains the bac kground research to the new city plan. Community involvement has been a high pr iority in the preparation of this City Plan 2015. The D epartment of Planning, working in partnership with the Corporation of Hamilton, sought input from key stak eholders, visitors, and the general public through a v ariety of means, including community meetings, stak eholder presentations and meetings, questionnaires, visitor surveys, and a city -planned public booth. I nformation was also disseminated via e- mail, Fac ebook, and the Plann ing Department’s website. The key findings and recommendations from this research are summarised in the City Plan Report of Surveys. This report of survey constitutes the for-mal review of the City Plan 2001, and the report of survey is required by section 9(1) and section 6(5) of the Development and Planning Act 1974, respectively. Mr. Speaker, the draft City Plan of 2015 was declared operative on June the 26 th, 2015, and was followed by a three- month formal consultation period, which concluded on Septem ber 25th, 2015. Mr. Speaker, seven objections and representations were received to the draft City Plan 2015. Six objections were resolved by the Department of Planning. The Department of Planning also submitted one director’s case. It recommended minor edi ts to the draft plan, for a total of eight submissions. These eight submissions drew attention to 76 items in the draft plan. The small number of objections received in response to the draft City of Hamilton Plan 2015 reflects well on the steps taken by the Department of Planning to consult widely. Mr. Speaker, a tribunal comprising of Mr. Jonathan Castro, Richard James, and Alasdair Younie was appointed on December 21 st, 2015, to review and resolve the objections. The tribunal met on January 20th, 2016, and held a public inquiry for the one unresolved objection. After the inquiry, the tribunal deliberated and made recommendations on all the submissions received. Mr. Speaker, the tribunal report was submitted to the Minister responsible for Planning, with r ecommendations for the six issues itemised and the eight submissions received. The Minister accepted all recommendations made by the tribunal, and the City of Hamilton Plan 2015 now incorporates those changes. Mr. Speaker, key issues that emerged from the consultation with the public and stakeholders were the need to improve the city’s pedestrian environment and public realm. Just for the edification of the com-munity, the “ public realm ” is defined as the collection of outdoor spaces, places, and linkages. They include things such as sidewalks, alleyways, plazas, squares, parks, waterfronts, patios, and verandas. Mr. Speaker, I will continue, as I said earlier. The key issues that emerged from consultation with the public and stak eholders were the need to im prove the city’s pedestrian environment and public realm, and the desire for more green spaces and waterfront amenity areas. There was also strong support for the protection of listed buildings and historic areas, as well as city residential developments. 2634 15 July 2016 Official Hansard Report
Bermuda House of Assembly In addition, the plan’s objectives and policies reflect the priorities of Hamilton today, which include the need to repurpose much of the existing vacant floor space in the city. Mr. Speaker, the vision of the City of Hamilton Plan 2015 is : • to support Ham ilton in its role as Bermuda’s capital and leading commercial and tourism centre; • to ensure the provision of a range of activities and facilities to meet the needs of people who live in, work in, shop in, and visit the city; • to ensure that new development is supported by adequate infrastructure and services. Mr. Speaker, we are also trying to encourage the growth of a sustainable community -orientated city environment through a mixed- used development, city living, universal design, energy -efficient design, and the high quality of public realm. We also want to support adaptations to cl imate change and address the issues of increasing temperatures and greater risk of flooding, such as creating more green spaces and landscaping imperv ious surfaces in the city . We also want to provide a city environment which is vibrant, dynamic, comfortable, enjoyable, and safe during the day and at night. We want to protect the city’s heritage and key landmarks. We want to enhance the city’s distinctive character. We want to secure a high quality of design in new buildings and landscaped spaces. Mr. Speaker, we want to facilitate the efficient and safe movement of people and traffic into and within the city by improving accessibility and connec-tivity for pedestrians and the l ess mobile. And we also want to encourage increased use of public transport and improving the traffic management measures. Mr. Speaker, the plan promotes the regener ation and enhancement of particular areas of the city through a programme of action plans for key areas, including the waterfront and Lowery Street. We must also support the economic and social regeneration and environmental improvement of North East Hami lton. Mr. Speaker, regarding the vision for North East Hamilton, the Department of Plannin g is well on its way to preparing detailed policies for the district in a separate local plan. North East Hamilton is not up for debate today. We recognise the historical signif icance of the community and the vibrancy of the com-munity, and we support the desire to protect and enhance the closeness of this community. We want to build on the neighbourhood’s fine qualities and assets. I believe North East Hamilton is a unique neighbourhood deserving special attention, which the local planning process, including extensive consultation with residents and businesses and land- holders, will provide. Mr. Speaker, until the local plan is ready, t owards the end of this year, the City of Hamilton Plan 2001 will continue to apply to North East Hamilton. Mr. Speaker, wit h respect to the city generally, the new City of Hamilton Plan 2015 encourages the growth of a sustainable community -orientated city. This is to be achieved through a mixed- use develo pment, the adaptive re- use of vacant and under -used floor space, city liv ing, universal design, energy - efficient buildings, green space, a high- quality public realm, and the protection of the city’s heritage and key landmarks. The City of Hamilton Plan contains 31 specific recommendations to be achieved in the overall vision. These objectives cover issues of design, including building heights and setbacks, the historic enviro nment, residential development, traffic and parking, subdivision, parks and landscaping, pedestrian env ironment, and the public realm. Mr. Speaker, in r esponse to this feedback, the City of Hamilton Plan 2015 identifies certain areas in the east and north west of Hamilton as having the potential for taller buildings. To qualify for bonus floors in these areas, developers must provide a significant residentia l and/or tourism component and community benefits to the public realm; and/or provide a contribution to the listed building grant scheme. Mr. Speaker, enabling the adaptive re- use of commercial buildings for residential use and live/work spaces in the cit y is another key theme for the plan. The city plan contains general provisions which explain the role of the Development Application Board and other advisory boards. It sets out the general planning considerations to take into account when submitting a planning application. The general policies cover issues to be considered with all planning appl ications, regardless of the site location in the city. These include policies of subdivision, utility services, traffic management and parking, the public realm, pedestrian environment, landscaping, street trees and parks, commerce and special study areas, residential development, the historic environment and city design standards. Mr. Speaker, the areas of policies for the three districts are the historic and retai l district, the contemporary business district, and the residential and community district. As I mentioned previously, the North East Hamilton area is the focus of a separate local plan. Mr. Speaker, the City of Hamilton Plan also identifies three strategi c sites which, through their enhancement with attractive amenity areas and the a nchoring of new mixed- use development, could be the catalyst for re- energising the city. These sites are the waterfront, Par -la-Ville Park, City Hall Park. They have been ident ified in the city plan as special study areas for which additional public input and studies will be prepared. Mr. Speaker, I am confident that the new City of Hamilton Plan will help secure a prosperous and sustainable future for our capital city. Mr. Speaker, in closing, I would like to thank the Director of Planning and her team for their contributions in finalising and
Bermuda House of Assembly completing this plan. I also want to thank the tribunal members, Mr. Castro, Mr. James, and Mr. Younie, for their contributions. And I w ould like to also thank the public, visitors, and other stakeholders who made a contribution to bring this report to a conclusion. Mr. Speaker, with these brief remarks, I invite other Honourable Members to participate.
[Mrs. Suzann Roberts -Holshouser, D eputy Speaker, in the Chair]
Hon. N. H. Cole Simons: Oh, I did not look up. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. That is all right. Are there any other Members who would like to speak to the motion that is before us by the Ho nourable N. H. C. Simons? Thank you. The Chair recognises the Member from constituency 13. You have the floor.
Mr. Diallo V. S. RabainThank you, Madam Deputy Speaker. First, I would like to start off where the Mini ster finished and send much thanks out to the staff of the Department of Planning and the members of the tribunal. As someone who depends on these types of documents and actually does read them, …
Thank you, Madam Deputy Speaker. First, I would like to start off where the Mini ster finished and send much thanks out to the staff of the Department of Planning and the members of the tribunal. As someone who depends on these types of documents and actually does read them, I know the tremendous amount of work that goes into producing such a plan. I do not think people really recognise the amount of work, the amount of dedication that goes into producing a plan like this. And for that, I thank those who were involved. Madam Deputy Speaker, this is essentially a housekeeping note, as we like to say up here. It is a document that comes through which we are required to debate. I am not sure if everybody gets to read all 146-odd pages that are there, and the tribunal reports and all that stuff.
Hon. N. H. Cole Simons: Yes. I did.
Mr. Diallo V. S. RabainI know you d id, and I know I did. But it is an important document, and the i mportance of it cannot be lost in the fact that this is only the fourth one that we have ever produced to this effect, the first one being back in 1973. …
I know you d id, and I know I did. But it is an important document, and the i mportance of it cannot be lost in the fact that this is only the fourth one that we have ever produced to this effect, the first one being back in 1973. We had one in 1984, then we had one in 2001, and now we are at 2015. So, you know, it takes a lot. I do think, and I hope that going forward, documents will be reviewed a little more regularly than they are reviewed now, as detailed in the Planning Act 1974, that every five years the Minister produces some review of it. I am not saying that there has to be a new one, but a r eview. Because as we grow and as technology changes, things change a lot faster than they did back in the 1970s, back in the 1980s and the 1990s. And so, what I can say about this new City of Hamilton report is that it is much, much more descri ptive than the last one. And that, in itself, is a testament on the detail that has gone into producing this doc ument. To highlight that point, the previous document was only 76 pages long. Right? And now we have a document that expands on that, and we are going up to, I believe it is almost 150 . . . oh, 148, 148 pages. And reading it, it actually reads a lot more easily than the previous document. And it leaves very little to i nterpretation. And that is what I think is most important, especially when we are dealing with architecture and building and production here locally. You will find that a lot of people will say, Hey, why can’t I do what that person did over there? And our previous plans were a lot more vague on that and left a lot to interpretation. So, you know, when you own a piece of land and you want to build something, and you see that your neighbour has done it, and then you say, Well, how come I do not get approval for it? And without having anything in front of you that acc urately articulates why you cannot do or what you can do . . . and I think it is important that we have now got a document that has made those steps towards that. And personal interpretation has gone out . There used to be a saying in the Bermuda plan that said, Bermudian -like or something to that effect. And, you know, to different people, that means a whole different sort of thing. So when we kind of try to create more regulations around that, where you then can say, Okay, Bermudian- like for your situation is this, this, this , it really does help to make the planning process a lot smoother. As the Minister mentioned, I do appreciate that more care has been put into the historical part of this plan, because it is very important for us to protect and honour the architecture, the beautiful architecture that we see in Bermuda now. And far too many times, some of these things are allowed to get dilapidated and get knocked down and the like because people just do not appreciate that little tiny bit of significance that is there. I have known of several properties where the entrance to the main dwelling is . . . for example, the entrance would be the most historic, significant part. You are trying to explain, He y, you can renovate, but this has got to stay like this. And they are like, I don’t understand why. So when we start to promote that, people start to buy into it a lot more. And we are able to move on and retain some of that historical uniqueness that makes Bermuda as unique as it is. I like the fact that great care has been taken to revitalise which will potentially effect the repurposing of properties. A few minutes ago, we talked about a repurposing of a property. We have taken a co mmercial building, and it has been given a change of use—not change of zoning, change of use—from commercial to multi -dwelling, or dorm -type dwelling. So we are seeing some progress there. And I think there are a bunch of buildings around throughout the 2636 15 July 2016 Official Hansard Report
Bermuda House of Assembly Island, throughout the city, that could definitely reap the benefits of being able to be repurposed a lot more easily than perhaps [jumping through] the hoops that we used to have to jump through before. I do acknowledge that North Hamilton is mis sing, and I do give kudos to the department for saying that North Hamilton is unique in its own right. It needs a different type of plan than one that is for the more business -y side of Hamilton. North Hamilton involves a lot more residential -type units, as well as smaller businesses. S o you are not talking about huge multi - story buildings back there, but there are businesses and there is a good mixture of residential. So I look forward to seeing that. I do know the Minister said that it will be coming out later this year. And I do hope that, possibly when we come back in September or in November, it will be something that we will be looking at as well. I will be very interested to see what the plans are for fixing up that area and moving forward with that area. Now, with that said, I a m very pleased with it. I do have some concerns about the seven- story part. I do understand, looking at the map, that it is going to be to the north west of City Hall, in that area down there. And it is a little lower than the rest of Hamilton. So I could see how the seven stories could work. But I am concerned about losing some of our Bermudian-ness by building up these buildings taller than what we have. Personally, I do not see any of them coming any time soon, with the current real estate market as it is. But again, it is balancing our traditional look with more modern looks. And other than that, I do like what I do see in there. One other thing that I would like to say, before wrapping up, is the Minister talked about the various advisory councils that are listed within the Act. And one of them that I had the pleasure of sitting on for about two and a half years was the Advisory Architectural Panel. One thing that we noted when I was there was that the panel, while the name of it is “ advisory ” and it is there to give advice on commercial developments that are over a certain size or that get referred by the planners in the Department of Planning, one of the biggest issues we have with that is that we can deliberate or review, because it takes a lot of tim e to review these plans. You are looking at multiple stories and stuff, and you are spending hours and hours r eviewing these things, and then you go into meetings and you make decisions. And the purpose of putting this panel together is to interpret the pl an somewhat and make recommendations of what should happen in order to make the design more palatable. The problem is that, after all that time spent, none of those recommendations are binding. So, the plan could still get approved, as it was before it wa s submitted, if it does do that. And so, I would like to see, if we are going to have advisory panels that do that amount of work on their own time, that there be a little more teeth to what it is they recommend versus . . . and that is why you get people who, after about a year, say, Why am I even doing this, donating my time? Everything I’ve suggested or everything we’ve suggested in our report has been ignored. So you do get that from time to time. So, if anything, I would like to see a little more teeth given to those types of panels, because I do think it could speed up some of the planning process, as well, if you have got this panel that is doing this, and you come up with ideas. You take it away and say, Ah, we didn’t like your ideas. Can you look at it again? And you are like, Well, what’s the point? Why am I here? What is my point in advising? So with that, Madam Deputy Speaker, I do not want to prolong the point, because it is a good doc ument. I think it is a document that is going to serve us well, all of us in Bermuda and the City of Hamilton well. And I look forward to seeing the North Hamilton portion of it, as the Minister said, later this year. And we will hold him to that point. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members who would like to speak to the motion? Thank you. The Chair recognises the Member from constituency 15.
Mr. Walter H. RobanThank you very much, Madam Deputy Speaker. I would like to echo the comments of my honourable colleague who sits in constituency 13 in co ntributing to this debate on the City of Hamilton Plan as proposed by the Honourable Minister of the Environment. I do also believe that this …
Thank you very much, Madam Deputy Speaker. I would like to echo the comments of my honourable colleague who sits in constituency 13 in co ntributing to this debate on the City of Hamilton Plan as proposed by the Honourable Minister of the Environment. I do also believe that this is a good plan. And one hopes that its objectives will ultimately see the light of day. I am sure that every plan that has been brought since 1973 was thought to be a good plan. But perhaps what percentage of the plan is followed ultimately determines the commitment to it. So let us hope that this plan of 2015 is adhere d to and that when efforts are made to redevelop aspects of the city, we will see the vision that this plan has, ult imately, when it comes up for a future scrutiny [and that it] will have been followed at least to the potential that it can be and that the means are there to do it, to make what it is trying to put in place a reality. Madam Deputy Speaker, as I review aspects of what has been presented to us, I just want to note a few things that I think are very noble in their objec-tives, such as to ensure the land in the City of Hami lton is used efficiently (that is on page 13). It says, “To ensure the provision of sustainable and efficient utility services infrastructure in the city.” And I think that particular point is particularly important because, cer tainly from my understanding and knowledge, having been at one point responsible for municipalities when the original efforts, the first efforts were made to review
Bermuda House of Assembly the Act which governs both cities, both the Town of St. George's and also Hamilton, some of the issues that pertain particularly to the City of Hamilton were brought to the fore, such as some of the deficient i nfrastructure, namely, the underground sewage sy stem, even the system of fire hydrants. Perhaps this is sort of revealing a secret that many people know, but none of those hydrants work around the city. They are almost like fixtures, just fi xtures, because the infrastructure under them is not operational. And the fire service does not rely on them to do any of the attendance of fires around the city. They have mobile vehicles that pump water from where they would bring it to deal with certainly the buildings. The elevations of buildings in Hamilton have gone up substantially over the years so that those h ydrants do not have the infrastruct ure to support that level of fire prevention or fire protection. So they are basically fixtures, useless fixtures around the city. And it would take some substantial infrastructure attention to make them useable, if they can be useable at all. We know that there are deficiencies in the efficient pumping of sewage and waste within the city. That infrastructure, as well, has been deficient. And despite the fact that there is a pumping station down at Front Street, it is no more than a glorified grease trap. It does not treat sewage; it does not purify se wage before it goes out into the ocean. These are some of the deficient issues that Hamilton faces. And I would hope that perhaps for the future the city can take a page out of what has happened at WEDCO. WED CO has a water treatment plant down there which is a modern plant. And one of the things that we learned about how these systems can work for cities or certainly small municipalities is that a building could have a plant inside that does water treatment. A nd at its façade, it could be just like any other building. It could look like a normal building, Madam Deputy Speaker. And you could have the treatment plant behind it, and no one would know. So, I do hope that in the future, such features can be developed in the city to assist with the obvious needs that it has to treat waste and water and build a sustainable system, that can be of benefit not only to commercial uses of the city, but also residential. But these are some of the issues I know that Hamilton faces. Obviously, there is the concern about security infrastructure, which we know that the Government has made a commitment to upgrade. Good. So we hope that those issues of infrastructure are ultimately addressed. Some of the other things that I see here are about traffic management and parking to facilitate the reduction of car traffic entering the city and traffic congestion in the city. Well, we know that there have been many plans put forward about doing that, looking at systems from other countries. Certainly, as a former Transport Minister, I know that there were many talks, because there is an issue of traffic congestion coming in and going out of the city during certain times, and during certain times of the year. Like right now, it is easier because all of the schools that have jurisdiction either in or outside of the city are closed or not doing as much. So traffic flows are easier. So there is a need to address the issue of traffic, and certainly traffic pollution. Those are issues that I do hope are addressed as we go along in the plan. And certainly here it says, “To reduce traffic congestion and private car travel into the City by limi ting the supply of new private parking in accordance with the objectives of the district and the hierarchy of parking needs.” Hopefully, that can be pursued and reached. We, obviously, perhaps due to the shrinkage of our working population and residential population, now have less car traffic. But that is anecdotal. I am only guessing that that might be the logical result. But hopefully, Madam Deputy Speaker, these are the sort of things that are addressed. I see some other things here which I thought were very interesting. “To create a universally d esigned city environment that is readily useable and accessibl e to everyone.” That sounds very noble, and I would be interested to know how that will turn out. I do recall at times meeting with some people when I was doing the review of Ms. Pelliak . There were persons who came forward, architects and others, eng ineers and people who had a genuine interest in i mproving the space in the city, useable spaces for the general population. Some of the spaces now that are used for certain things, they thought, Well, perhaps that could be changed and be more friendly and make the city more welcoming. I think, to some degree the City of Hamilton has only fulfilled . . . and there are parts that are clearly residential, and they must be, and that is principally North Hamilton right now. And we know that a plan for North Hamilton is coming. So we look forward to seeing that in the future. And there have been efforts to add residential components back into other parts of the City, which we have perhaps moved away from that from years gone. Because I can only say, along with some ot her Members, that at one time my family lived in the City. And my family still owns a residential property, a number of residential properties that are in the City, not just in North Hamilton. So I remember as a young child being in the City and living in Hamilton and knowing Hamilton as a place where people lived. And we had neighbours. Some still live in the City in those places. But around those areas, it has been commercialised. So it is i mportant that a city have life. I think that for a number of decades now, Hamilton has been pushed by its commercial interests. And you find pretty much, unlike maybe some more ancient cities in Europe and other parts of the world, Hamilton is pretty much dead except in certain parts. It is quiet. It is dead during the night time because all the commercial life is gone. When they are gone, there is nothing going on. 2638 15 July 2016 Official Hansard Report
Bermuda House of Assembly Well, there needs to be an effort to bring a living component back to Hamilton. And some areas where it has been just exclusively commercialised, there should be some efforts to add some element that can bring life and non- commercial activity that persons can go to and it will make living in the city an interesting place. If you are going to put up structures where people are going to be living, they should have some aspects around where they live so that they feel like they live in a neighbourhood, they live in a community, not just in a structure. So I do hope that that will be ultimately a part of the plan. I see there they have “To enhance the amenity po tential and public use of the Hamilton’s waterfront.” Well, we know that has been very much a part of much discussion in recent years. And I can reme mber, certainly when I was also in Government, that there was much discussion then. Unfortunately, I would state that I thought that the then city administr ation was not very cooperative with the Government on some of the vision that was being devised to make the waterfront more important. Because I believe that the further development of the waterfront will br ing a certain life and vitality to what is now Front Street. And I do not believe that Front Street, at this juncture, is living up to the potential that it can have. And many of the buildings on Front Street themselves are very old. I think there is lim ited scope for development of those buildings. And perhaps there needs to be some redevelopment, keeping with whatever historical quality Front Street has. There needs to be some redevelopment there. But there is also that w aterfront area out in front ther e that has potential, that has the opportunity to become something more, just like we have seen in other jurisdictions. So I do hope that that becomes something that is embraced, and we see, as this plan begins to roll out, embracing the vision, once (pres umably) the issues that still grip Hamilton around the waterfront are ultimately r esolved, that that plan or any plan for the waterfront can actually be fulfilled. I am not going to speak anymore to anything other than the history. I think that whatever historical elements of Hamilton, some of which in this day, this building and this area of Hamilton as I see in the zoning, is zoned to be historically preserved. That is wo nderful, and any other aspects of Hamilton, there are buildings there that have some historical element to them, they should be preserved as best as possible to keep those qualities. Hamilton should not just have a one-dimensional personality to it. It should not just be all the bricks and mortar that we have seen come up for internationa l business purposes or for other purposes of the waterfront. It needs to keep the element of, as I remember . . . like I said, my family, the home that I lived in was an old Bermuda home. Actually, it still exists. And those qualities in Hamilton should r emain as best as possible. Perhaps in the future that may change. But certainly, if this plan is realised, some of that should be preserved, because if we are going to have a vis itor sort of element to this and promote Hamilton as a place where it can have tourists (because I know they have tourists around), with the historical elements people can show . . . I know that parts of North Hami lton are extremely historical. And I, myself, participated some years ago in taking tours around North Hami lton. And there are some people who have embraced that and re- established those tours. So that is a good thing, because there are qualities to Hamilton that are more than just the commercial personality. There is a residential, and there is another type of life that sh ould be preserved and should be enhanced and things that can make Hamilton more useable, because Hamilton is almost like the heart of the country. Everything travels through Hamilton. Most people in the Island work in this part of the Island. And it is th e commercial centre and heart of the country. So, like any other heart, it should be taken care of and preserved, and all its qualities be enriched as best as possible. So with those comments, I do hope the objectives as outlined on pages 13 and 14 are re alised and that in the years to come we will see that this plan has seen perhaps a more successful life than some of the previous plans that it succeeds. Thank you very much.
The Deputy SpeakerDeputy SpeakerThank you very much, Member. Are there any other Members wh o would like to speak to the motion which is being moved by the Honourable N. H. C. Simons, THAT this Honourable House take note of and approve the City of Hamilton Plan 2015? Are there any other Members …
Thank you very much, Member. Are there any other Members wh o would like to speak to the motion which is being moved by the Honourable N. H. C. Simons, THAT this Honourable House take note of and approve the City of Hamilton Plan 2015? Are there any other Members who would like to speak to . . . If there are no ot her Members, then the Chair recognises the Minister.
Hon. N. H. Cole Simons: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, I would like to thank the Opposition for their contribution and support. This development plan is truly a community plan. It took community efforts to get it right and to make it successful. As we all know, we have contacted guests, tourists. We have contacted landowners. We made contact with the Chamber of Commerce, Sustainable Development, the Corporation of Hamil ton. We were also out on Harbour Nights just talking to the average man in the street. We went to exhibitions, spoke with the people there, and basically invited their input to ensure that the plan was something that Bermudians would enjoy and be proud of. So it just did not happen; it was a designed, orchestrated plan. And the process that we took to get to where we are today has borne fruit.
Bermuda House of Assembly I would like to just address a few of the comments raised. And I will start with the Honourable Member Walter Roban. He said that we should have more residents in the City. And we agree with him 100 per cent, because at the end of the day one of the objectives is to get more and more people living in the City of Hamilton. Because when you have more people in the City, they use more of the amenities. There are more people in the nightclubs. There are more people in the restaurants. There are more people out in the streets. There are more people on the water-front. People bring activities. This results in vibrancy. And th at is what we want, a town that is vibrant, that people will be flocking to, basically coming to because they know that is where the action is. So, yes. It is a top priority for us and this plan to craft a structure that will invite and encourage more and more people to live in our city. As for a commitment to the plan, I would like for the Honourable Member to also recognise that this plan is operational and has been operational since it was gazetted in June of 2015. As for the Honourable Member, Mr. Diall o Rabain, he thought that the guid elines should not be tedious. We agree with you. The guidelines are simple. The language is very palatable. And as we said, we made sure that these guidelines were structured whereby they can support and pr ovide clarity to professionals in the industry when developing our city. The Honourable Diallo Rabain sug-gested that we also have a panel that will help when submitting applications. That is something that we will take under advisement. So, Mr. Speaker —yes, he is back there.
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
[Inaudible interjection]
Hon. N. H. Cole Simons: I know. So, Mr. Speaker, at the end of the day, we are trying to make the City of Hamilton a more prosperous, secure, and sustainable capital. And w e, in the end, want to make sure that it is vibrant and is something that we all as Bermudians can be proud of. So with those few remarks, I would like to bring this debate to a close and ask that I have the support of the House in regards to the motion pr esented, and I would like to again read the motion.
The SpeakerThe SpeakerYes. Hon. N. H. Cole Simons: THAT this Honourable House take note of and approve the City of Hamilton Plan 2015. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you very much, Honourable Member. It has been moved t hat this Honourable House take note of and approve the City of Hamilton Plan 2015. Are there any objections to that? There are no objections, Honourable Minister. Therefore, the House has taken note of and does approve …
All right. Thank you very much, Honourable Member. It has been moved t hat this Honourable House take note of and approve the City of Hamilton Plan 2015. Are there any objections to that? There are no objections, Honourable Minister. Therefore, the House has taken note of and does approve the City of Hamilton Plan. Thank you very much.
[Motion carried: Motion to approve t he City of Hami lton Plan 2015 passed]
The SpeakerThe SpeakerOrders 14 through 17 are carried over, correct?
The SpeakerThe SpeakerAll right. Thank you. The Chair w ill call on the Minister for Ec onomic Development, Dr. Grant Gibbons. SUSPENSION OF STANDING ORDER 21 Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill …
All right. Thank you. The Chair w ill call on the Minister for Ec onomic Development, Dr. Grant Gibbons.
SUSPENSION OF STANDING ORDER 21
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Personal Information Protection Act 2016 be now read the third time by its title only.
The SpeakerThe SpeakerAre there any objections? Carry on, Minister. [Motion carried: Standing Order 21 suspended] BILL THIRD READING PERSONAL INFORMATION PROTECTION ACT 2016 Dr. th e Hon. E. Grant Gibbons: Personal Information Protection Act 2016. I now move that the Bill do pass. Thank you.
The SpeakerThe SpeakerAre there any objections to that? There are none; so the Bill is passed. [Motion carried: The Personal Information Protection Act 2016 was read for the third time and passed.]
The SpeakerThe SpeakerThe Minister of Health. 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 Public Health Amendment (No. 2) Act 2016 be now read the third time by its title only. …
The Minister of Health.
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 Public Health Amendment (No. 2) Act 2016 be now read the third time by its title only.
2640 15 July 2016 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you. Are there any objections? There are none; carry on.
[Motion carried: Standing Order 21 suspended]
BILL
THIRD READING
PUBLIC HEALTH AMENDMENT (NO. 2) ACT 2016
Hon. Jeanne J. Atherden: Public Health Amendment (No. 2) Act 2016. I now move that the Bill do now pass.
The SpeakerThe SpeakerThank you. Are there any objections to that Bill’s passing? There are none; so the Bill is passed. [Motion carried: The Public Health Amendment (No. 2) Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerJunior Minister Bascome. SUSPENSION OF STANDING ORDER 21 Hon. Kenneth (Kenny) Bascome: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Hotels Concession Amendment Act 2016 be now read the third time by its title only.
The SpeakerThe SpeakerAre there any objections? Carry on. [Motion carried: Standing Order 21 suspended] BILL THIRD READING HOTELS CONCESS ION AMENDMENT ACT 2016 Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I now move that the Bill do now pass.
The SpeakerThe SpeakerAre there any objections to that? There are none. So the Hotels Concession Amendment Act is passed. [Motion carried: The Hotels Concess ion Amendment Act 2016 was read for the third time and passed.]
The SpeakerThe SpeakerThe Chair now calls on the Honourable Premier. Hon. Michael H. Dunkley: Good evening, Mr. Speaker. I move that the House now adjourn until Se ptember 9th.
The SpeakerThe SpeakerSeptember 9th. Hon. Michael H. Dunkley: Oh, you have got your Private Bill. Hon. Michael J. Scott: Do we have petitions, Mr. Speaker?
The SpeakerThe SpeakerYes, just one second. Excuse me. [Pause]
The SpeakerThe SpeakerWhat is going on? Hon. Michael J. Scott: Yes, I am going to do Ms. Foggo’s —
The SpeakerThe SpeakerOkay. Just hold a second. [Pause]
The SpeakerThe SpeakerThat is all right. Carry on, please. PETITION HOSPITALS AUXILIARY OF BERMUDA AMEN DMENT ACT 2016 Hon. Michael J. Scott: Thank you. Mr. Speaker, I move the following Petit ion together with the Report of the Joint Select Committee on Private Bills, which was presented earlier today, 15 th of …
That is all right. Carry on, please.
PETITION
HOSPITALS AUXILIARY OF BERMUDA AMEN DMENT ACT 2016 Hon. Michael J. Scott: Thank you. Mr. Speaker, I move the following Petit ion together with the Report of the Joint Select Committee on Private Bills, which was presented earlier today, 15 th of July 2016: Be it now considered: The Petition of the Hospitals Auxiliary of Bermuda Amendment Act 2016, Limited, requesting the enactment of a Private Act, as set out in the Bill entitled the Hospitals Auxiliary of Bermuda Amendment Act 2016, which accompanies this petition.
The SpeakerThe SpeakerRight. Thank you. Are there any objections to that? Carry on, please. Hon. Michael J. Scott: Mr. Speaker, I move for leave to introduce and read for the first time by its title the following Private Bill: The Hospitals Auxiliary of Bermuda Amendment Act 2016.
The SpeakerThe SpeakerAre there any objections? There are none; carry on. Hon. Michael J. Scott: Mr. Speaker, I move that the prayers of the petitioners be granted and to give effect Bermuda House of Assembly thereto, that without prejudice, leave be granted to bring in the proposed Bill to be printed to …
Are there any objections? There are none; carry on. Hon. Michael J. Scott: Mr. Speaker, I move that the prayers of the petitioners be granted and to give effect
Bermuda House of Assembly thereto, that without prejudice, leave be granted to bring in the proposed Bill to be printed to accord with the recommendations of the Joint Select Committee on Private Bil ls for the Amendment thereof.
The SpeakerThe SpeakerThank you. Are there any objections to that? Please carry on, MP Scott. Hon. Michael J. Scott: Your Honour, the Speaker, having stated the necessary certificates have been furnished, I move that the said Private Bill be now read the first time in the House by its title only.
The SpeakerThe SpeakerAny objections? Carry on. PRIVATE BILL FIRST READING HOSPITALS AUXILIARY OF BERMUDA AMEN DMENT ACT 2016 Hon. Michael J. Scott: The Hospitals Auxiliary of Bermuda Amendment Act 2016.
The SpeakerThe SpeakerThank you. Are there any objections to that? There are none. Hon. Michael J. Scott: I move, under the provisions of Standing Order 33(7)(a) the remaining stages of the said Private Bill be taken forthwith.
The SpeakerThe SpeakerThank yo u. Are there any objections to that? There are none. PRIVATE BILL SECOND READING HOSPITALS AUXILIARY OF BERMUDA AMEN DMENT ACT 2016 Hon. Michael J. Scott: I move that the said Private Bill be read the second time in the House by its title only: The Hospitals Auxiliary …
The SpeakerThe SpeakerAre there any objections? Carry on. PRIVATE BILL THIRD READING HOSPITALS AUXILIARY OF BERMUDA AMEN DMENT ACT 2016 Hon. Michael J. Scott: Mr. Speaker, I move the clauses and the Preambles of the said Private Bill be approved, and I move that the said Private Bill be read the third …
The SpeakerThe SpeakerThank you. Are there any objections to that? There are none. [Motion carried: The Hospitals Auxiliar y of Bermuda Amendment Act 2016 was read a third time and passed.] Hon. Michael J. Scott: Thank you. I am grateful, Mr. Speaker.
The SpeakerThe SpeakerThank you very much for that, Learned Member, catching us up. Now, Mr. Premier. Hon. Michael H. Dunkley: I will do it all over again,
Mr. Speaker.
The SpeakerYes. Yes. I appreciate that, Mr. Pr emier. ADJOURNMENT Hon. Michael H. Dunkley: I move we adjourn until September 9 th.
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Member from constit uency 24. MP Lawrence Scott, you have the floor. ELECTRIC VEHICLES FOR TOURISTS
Mr. W. Lawrence ScottThank you, Mr. Speaker. I just rise real quickly because there is a sa ying that a genius is never recognised or appreciated in his own time. And I think with that said, we know exactly who we are talking about in this Honourable House.
Some Hon. Members Some Hon. MembersWe know who we are talking about. [Laughter and inaudible interjections ]
Mr. W. Lawrence ScottAnd the reason I bring that up is because I want to take us back to the 114th of March 2014. And I was called every sort of name but my Christian one by the Government at that time. 1 Official Hansard Report , 14 March 2014, page 1557 2642 …
And the reason I bring that up is because I want to take us back to the 114th of March 2014. And I was called every sort of name but my Christian one by the Government at that time.
1 Official Hansard Report , 14 March 2014, page 1557 2642 15 July 2016 Official Hansard Report
Bermuda House of Assembly And, Mr. Speaker, to be honest, you gave me a hard time too, according to Hansard. That is the day that you told me that I needed to get my facts straight and sit down until I do.
The SpeakerThe SpeakerOh, is that right? I would always say that to anybody. [Laughter]
An Hon. Member An Hon. MemberAnd it still stands, so sit down. [Inaudible interjections and laughter ]
Mr. W. Lawrence ScottAnd t he thing is that I laugh about it now. But I was actually very frustrated at the time because I knew that I had my facts straight. I knew that I knew what I was talking about. But nobody believed me. And the thing is that, what was …
And t he thing is that I laugh about it now. But I was actually very frustrated at the time because I knew that I had my facts straight. I knew that I knew what I was talking about. But nobody believed me. And the thing is that, what was I talking about at that time? I was talking about rental cars, Mr. Speaker. And I was talking about how the Gover nment was trying to bring in electronic cars and they were going to rent these electronic cars. And I mean, according to Hansard, it was the Honourable Michael Dunkley who called me names. The Honourable Craig Cannonier called me names. And, Mr. Speaker, if I am going to be honest, the only person on the Government side who said that I was not accurate in what I was saying (and actually I will stand on the floor of the House and say that I was not accurate at that time) was the Honourable Glen Smith, Mr. Speaker. Because he said that he was bringing in these cars to sell and not to rent. And that saying seems to be true to today. But the rest of them, Mr. Speaker, owe me an apology. The rest of them owe me an apology, Mr. Speaker, because the thing is, they said that I did not know what I was talking about. And why are the taxi drivers —
Hon. R. Wayne Scott: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. POINT OF ORDE R [Misleading] Hon. R. Wayne Scott: The Member does not know what he is talking about, so he must be misleading the House.
The SpeakerThe SpeakerPlease take your seat. [Laughter]
Mr. W. Lawrence ScottWell, Mr. Speaker, you know what? The thing is that because today the taxi drivers came up, and why are they up in arms? Because there was no consultation, or they feel as though they were not consulted prior to the Government’s trying to bring a Bill that would legalise …
Well, Mr. Speaker, you know what? The thing is that because today the taxi drivers came up, and why are they up in arms? Because there was no consultation, or they feel as though they were not consulted prior to the Government’s trying to bring a Bill that would legalise the rental cars.
Dr. the Hon. E. Grant Gib bons: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Anticipation, Standing Order 20] Dr. the Hon. E. Grant Gibbons: There is a Bill on the Order Paper. The Honourable Member clearly is an-ticipating debate. And I would suggest that he is —
The SpeakerThe SpeakerThat is a point. So, Honourable Member, keep your remarks on— OBA GOVERNMENT’S LACK OF CONSULTATION
Mr. W. Lawrence ScottOkay, no problem, no pro blem. But what I will do is focus on consultation and lack thereof, bec ause that seems to be something that [is] a running theme with this Government. All right? There seemed to be a lack of consultation with Immigration. There seemed to be a …
Okay, no problem, no pro blem. But what I will do is focus on consultation and lack thereof, bec ause that seems to be something that [is] a running theme with this Government. All right? There seemed to be a lack of consultation with Immigration. There seemed to be a lack of consultation with the Health Bill. There seemed to be a lack of consultation when it came to mammograms and screenings, Mr. Speaker. Mr. Speaker, it just so happens that I am going back to when I was called all sorts of names. And I was lambasted and chastised in the media.
Mr. W. Lawrence ScottNot by you, Mr. Speaker; but by the Government. But also, Mr. Speaker, what else are they . . . So that means that we have to ask ourselves, as a country, what else is the Government saying that La wrence does not know what he is talking about? Let …
Not by you, Mr. Speaker; but by the Government. But also, Mr. Speaker, what else are they . . . So that means that we have to ask ourselves, as a country, what else is the Government saying that La wrence does not know what he is talking about? Let us think . . . the airport, Mr. Speaker! They tell me that I do not know what I am talking about when it comes to the airport, Mr. Speaker.
[Inaudible interjections and laughter ]
Mr. W. Lawrence ScottAnd, Mr. Speaker, the friendly banter from my cousin on the other side, the Honourable Wayne Scott. But, Mr. Speaker, they say that I do not know what I am talking about when it comes to the airport. But as I said back i n March of 2014, Mr. Speaker, …
And, Mr. Speaker, the friendly banter from my cousin on the other side, the Honourable Wayne Scott. But, Mr. Speaker, they say that I do not know what I am talking about when it comes to the airport. But as I said back i n March of 2014, Mr. Speaker, about the way that this deal was going, it is not the
Bermuda House of Assembly best deal for the country . . . and now people are star ting to listen, Mr. Speaker. And it feels nice to be li stened to. And it feels nice to be appreciated by the public. And they appreciate what I bring to the table, Mr. Speaker. I am not going to say genius. But, you know —
Hon. Patricia J. Gordon -Pamplin: Please do.
[Laughter]
Mr. W. Lawrence ScottBut, Mr. Speaker, as we just heard, the Honourable Member Gordon- Pampl in said, Please do. [Laughter and inaudible interjections ]
Mr. W. Lawrence ScottSo she appreciates what I bring. But, Mr. Speaker, I mean, the thing is that the reason that we do have a lot of angst in this society is the lack of consultation. And I think that this Gover nment needs to take a real serious look at taking more …
So she appreciates what I bring. But, Mr. Speaker, I mean, the thing is that the reason that we do have a lot of angst in this society is the lack of consultation. And I think that this Gover nment needs to take a real serious look at taking more time to consult the stakeholders before they make decisions. I mean, once again I hope that my honourable cousin across the way does not mind me telling pe ople this , but we have discussions on politics , and sometimes we agree to disagree. But the one thing that I can say , and that he did point out in one of our conversations , is that he takes the time to consult with individuals. Whether it is a difficult decision, whether it is a popular decision, or whether it is an unpopular decision, consultation is always the right way. Consultation will never lead you wrong, Mr. Speaker.
LACK OF TRUST IN MINISTER OF TOURISM, TRANSPORT & MUNICIPALITIES
Mr. W. Lawrence ScottSo my question i s, Mr. Speaker, if there are other Members in the Gover nment who can actually handle, who can actually work their way and make their way through difficult dec isions, unpopular decisions, without having a form of protest, why does it seem that there is onl …
So my question i s, Mr. Speaker, if there are other Members in the Gover nment who can actually handle, who can actually work their way and make their way through difficult dec isions, unpopular decisions, without having a form of protest, why does it seem that there is onl y one Mini ster on that side who ends up getting himself in trouble every single time they make a decision? And it always seems to be the common denominator: lack of consultation, Mr. Speaker. So, Mr. Speaker, the thing is that it makes me wonder: What mak es that Minister so different? Why are the other Ministers able to navigate their way through and that one Minister unable to? Why does that one Minister always get caught out? And the only thing that I can think of right now, Mr. Speaker, the only reason is the fact that that Minister is not an elected official . That Minister is an appointed official, Mr. Speaker. And maybe I think that all of us here have gone through a rite of passage. All of us here have earned our way to being in the seats that we are in. Now, we might not all be on the right side. But, hey, you know what? Somerset/St. George's. But, Mr. Speaker, the thing is that we have all earned our right to be here. And what is that? That right is that we have earned the trust of the people. We h ave gotten their mandate to be here to represent their needs, their wants, their desire, their voice. Ho wever, when somebody is appointed, Mr. Speaker, they do not necessarily have to have the people’s needs, the people’s wants, in mind. They just have to please that person who they are serving at the pleasure of. And an appointed individual serves at the pleasure of the Premier. So as long as they please the Premier, that is all that they need to do. They do not need to please the people. They do not need to work for the people. They do not need to make sure that they understand and reach out for the people. And I think that part of that rite of passage, going out and canvassing, Mr. Speaker, knocking on doors, that is what helps us build that bond with pe ople. That is what helps us understand the importance of listening, the importance of consultation, the importance of putting country first before self. So, Mr. Speaker, with that said, maybe, maybe if the Government would like to see their chances of possibly winning an election increase, maybe they should look at replacing — [Inaudible interjection]
Mr. W. Lawrence ScottWell, I understand. But, you know what? In the interest of working together, I am going to give them this piece of advice. I am goin g to give them this titbit. I am going to give them this acein-the-hole so that they can actually have a chance at winning …
Well, I understand. But, you know what? In the interest of working together, I am going to give them this piece of advice. I am goin g to give them this titbit. I am going to give them this acein-the-hole so that they can actually have a chance at winning the next election, Mr. Speaker, just so that . . . almost like St. George's might have a chance at wi nning Cup Match ( but I do not t hink that is going to happen, Mr. Speaker ). Right?
[Inaudible interjections ]
Mr. W. Lawrence ScottBecause the thing is that, to have a chance of winning the next election, they should have all Ministers who are appointed individuals— [Inaudible interj ection s]
Mr. W. Lawrence ScottBecause the thing is that I think that is what is wrong, Mr. Speaker. That is what is wrong, Mr. Speaker. I think they should have all Ministers who are elected individuals instead of ap-pointed. So, the thing is that becaus e what happens is this, is that . . …
Because the thing is that I think that is what is wrong, Mr. Speaker. That is what is wrong, Mr. Speaker. I think they should have all Ministers who are elected individuals instead of ap-pointed. So, the thing is that becaus e what happens is this, is that . . . the thing is that . . . and the Honour2644 15 July 2016 Official Hansard Report
Bermuda House of Assembly able Members on the other side are pointing out examples of people they feel were appointed and not elected. But the thing is that they have the same concerns about individuals who were appointed and made Ministers as individuals who are elected and made Ministers, Mr. Speaker. I think that because the thing is that, as long as that Minister —
Hon. R. Wayne Scott: Excuse me, Mr. Speaker. Do you mind, my cousin, taking a point of cl arification?
The SpeakerThe SpeakerPoint of clarification? Hon. R. Wayne Scott: Yes.
The SpeakerThe SpeakerYes. POINT OF CLARIFICATION Hon. R. Wayne Scott: As per the Constitution, one Member of Cabinet must be from the Senate, and you can have no more than two. I just thought I would point that out.
The SpeakerThe SpeakerYes. That is true. Carry on.
An Hon. Member An Hon. MemberThe point is our working together.
Mr. W. Lawrence ScottYes. I take that point of clar ification. And you know what, Mr. Speaker? Regar dless, that does not change the point that I am making, that the Minister of Transport must go. That is it, point - blank. The Minister of Transport needs to be changed. Because when he …
Yes. I take that point of clar ification. And you know what, Mr. Speaker? Regar dless, that does not change the point that I am making, that the Minister of Transport must go. That is it, point - blank. The Minister of Transport needs to be changed. Because when he was the Minister in charge of Immigration, we had the protests up here with immigration reform. When he was in charge of municipalities, $18 million went missing. Now he is the Minister of Transport, and we have got the taxi drivers who are protesting, right?
[Inaudible interjection]
Mr. W. Lawrence ScottSo, at least one thing about that Minister is that he is consistent. He consistently upsets people, Mr. Speaker. He consistently makes the same mistake over and over, over and over. And, Mr. Speaker, there are two words in the English la nguage that have the same definition—two separate words, …
So, at least one thing about that Minister is that he is consistent. He consistently upsets people, Mr. Speaker. He consistently makes the same mistake over and over, over and over. And, Mr. Speaker, there are two words in the English la nguage that have the same definition—two separate words, same definition. They are stupidity and insanity, doing the same thing over and over and expecting different results.
[Inaudible interjection and laughter ]
Mr. W. Lawrence ScottSo, Mr. Speaker, the Members on the other side are saying that I am saying the same speech over and over. If I am saying the same speech over and over and they are not listening, ei-ther one of us or both of us . . . actually, you know …
Mr. W. Lawrence ScottYou know what I am going to say, Mr. Speaker? My honourable colleague, M ichael Weeks presented a statistic the other day which has stuck in my mind. It was , One out of every four Bermudians has a mental disorder. And there are 36 of us up here. So …
Mr. W. Lawrence ScottThat means nine of us up here, Mr. Speaker. [Laughter] Hon. Michael H. Dunkley: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. Yes, what is your point of order, Mr. Premier? POINT OF ORDER [Impute improper motives ] Hon. Michael H. Dunkley: If the Honourable Member is going to [impute] improper motives to people, he should name them. [Laughter]
An Hon. Member An Hon. MemberAll credit to you, my friend.
An Hon. Member An Hon. MemberI think he doth protest too much. [Inaudible interjections and laughter ]
An Hon. Member An Hon. MemberHe is a Somerset fan.
Mr. W. Lawrence ScottI am a Somerset fan. The one t hing that my father used to say [when I was] growing up is, You don ’t have to be crazy to be a Scott ; but it surely does help. Bermuda House of Assembly [Laughter and inaudible interjections ]
Mr. W. Lawrence ScottSo, Mr. Speaker, I mean, I am glad that with this final sitting of the House . . . well, for right now until September when we come back , that we are able to have a little bit of levity right now. But at the same time, I would …
So, Mr. Speaker, I mean, I am glad that with this final sitting of the House . . . well, for right now until September when we come back , that we are able to have a little bit of levity right now. But at the same time, I would just like to once again go on record that back in 2014, I said that the Government was bringing rental cars. They protested. It is in here. And people said that I did not know what I was talking about. The Honourable Craig Cannonier said I did not know what I was talking about. The Honourable Shawn Cr ockwell said I did not know what I was talking about. The Honourable Premier said I did not know what I was talking about. And, Mr. Speaker, listening to the Government, you told me to sit down and take my seat until I had my facts straight. And two years later, I am able to stand up and say that I have my facts straight. They were trying to bring rental cars. So, hopefully, the next time that I get up and I say something, the Honourable Members of the Government will listen to me, take it for what it is and use it for the betterment of the country and not continue to not listen to and not take the proper consultation from the stakeholders before making a dec ision. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 14. MP Glen Smith, you have the floor.
An Hon. Member An Hon. MemberYou are serious ? [Laughter]
The SpeakerThe SpeakerCarry on, Honourable Member. SLANDEROUS AND UNFOUNDED ALLEGATIONS
Mr. Glen SmithThank you. This past week, Mr. Speaker, an Honourable Member who sits in this House made some comments about myself, my business, that wer e utterly false, slanderous, and potentially damaging to my company, in the local media. Mr. Speaker, I do not intend to talk any more about these …
Thank you. This past week, Mr. Speaker, an Honourable Member who sits in this House made some comments about myself, my business, that wer e utterly false, slanderous, and potentially damaging to my company, in the local media. Mr. Speaker, I do not intend to talk any more about these unfounded allegations, as I have hired legal counsel. And the Honourable Member will be receiving corresponde nce from my counsel.
Some Hon. Members Some Hon. MembersOoh! Ooh!
Mr. Glen SmithMr. Speaker, I will not allow anyone to slander myself, my business, any business I am involved in that is without founded measure.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. W. Lawrence ScottMr. Speaker, the Honourable Member is talking about me, and he is misleading the Honourable House. Because the fact is that all I did was repeat what he said and what he was quoted as saying in Bernews.
The SpeakerThe SpeakerAll right. Thank you. Thank you. Carry on.
Mr. Glen SmithWe will leave that to legal counsel. Thank you, Mr. Speaker. On a lighter note, I would like to wish you and your family and my honourable colleagues a very happy Cup Match. And I do have to support St. George's.
The SpeakerThe SpeakerAnd you have the wrong colours on.
Mr. Glen SmithBut I will be a guest in your constit uency, so I trust you will share a little rum punch with me.
The SpeakerThe SpeakerI will share with you some Speaker’s punch. [Laughter]
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 13, MP Diallo Rabain. LACK OF TRUST IN MINIS TER OF TOURISM, TRANSPORT & MUNICIPALITIES
Mr. Diallo V. S. RabainThank you, Mr. Speaker. I guess I am kind of taken aback by the levity that we are seeing up here today. And I want to thank my honourable colleague for coming out . . . In cricketing terms, we would have t o say that he came out bowling …
Thank you, Mr. Speaker. I guess I am kind of taken aback by the levity that we are seeing up here today. And I want to thank my honourable colleague for coming out . . . In cricketing terms, we would have t o say that he came out bowling bouncers just now. But I am going to try and—
[Inaudible interjections and laughter ] 2646 15 July 2016 Official Hansard Report
Bermuda House of Assembly
Mr. Diallo V. S. RabainBut I am going to try and bring it back down and hit line and length.
Mr. Diallo V. S. RabainYou know, you know. I am gearing up. I am glad we are getting out of here a little earlier today.
An Hon. Member An Hon. MemberI want to talk about cricket. [Laughter]
An Hon. Member An Hon. MemberI want to talk about cricket.
Mr. Diallo V. S. RabainI am glad w e are getting out of here a little early today because I am going out to the Eastern County games tomorrow . . .and that is for everyone here. [Crosstalk]
The SpeakerThe SpeakerYes. Flatts plays tomorrow, do they not? [Inaudible interjections ]
Mr. Diallo V. S. RabainBut, Mr. Speaker, I see that the Honourable Member from our side brought up something, and I was talking to him earlier. And it made me think of, what was happening two years ago, two years ago in this country, Mr. Speaker? And two years ago I sat in another …
But, Mr. Speaker, I see that the Honourable Member from our side brought up something, and I was talking to him earlier. And it made me think of, what was happening two years ago, two years ago in this country, Mr. Speaker? And two years ago I sat in another place. And in that other place, I said, Mr. Speaker, and I quote, “The people of this country need to know how to trust their representatives. The OBA has done more damage to that trust in the 18 months that they have been the Government than t he PLP did in 14 years.”
An Hon. Member An Hon. MemberIs that true? Dr. the Hon. E. Grant Gibbons: Dream on. [Inaudible interjections ]
Mr. Diallo V. S. RabainAt this rate—and I said — Hon. R. Wayne Scott: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Hon. R. Wayne Scott: That Member is misleading the House. Unless he cannot count.
The SpeakerThe SpeakerIt has been more than 18 months? [Inaudible interjections ] Hon. R. Wayne Scott: Oh, there has been a whole lot of damage done by the previ ous Government.
Mr. Diallo V. S. RabainMr. Speaker, I started my speech by saying two years ago. So if the Honourable Member was actually listening, he would have heard that. O kay. So, 18 months ago, we are talking about 18 months ago. And I said this, Mr. Speaker: “At the rate that this Government is …
Mr. Speaker, I started my speech by saying two years ago. So if the Honourable Member was actually listening, he would have heard that. O kay. So, 18 months ago, we are talking about 18 months ago. And I said this, Mr. Speaker: “At the rate that this Government is going, we will have pe ople marching in the streets on a regular basis.” That was two years ago, Mr. Speaker. How many marches have we seen in the last two years? How many marches have we seen in the last two years? And now we fast -forward to today, almost two years to the day, and we have yet another segment of our society standing outside these ho nourable walls, protesting somethi ng that the One Bermuda Alliance is doing. Mr. Speaker, this has become an all -toofamiliar common thread that we see within this Go vernment. But, Mr. Speaker, as my honourable col-league said, there only seems to be one thing that is always constant with these disruptions. And that is the Minister who sits in another place. The Minister who sits in another place . . . Mr. Speaker, since virtually day one of this administration, this Minister has been at the centre of disruption, the centre of upsetting the people of this country, the centre of the disrespect shown to the people of this country that has led to the mistrust that the people of this country have and it continues to grow for the Government that we have in front of us today. Mr. Speaker, collaboration is very important for a Government, as I said. The Government has to be able to garner the respect and trust of its people. Because being in a Government is not an easy task. Being a Government, you have got to make those hard decisions. Being a Gov ernment, you have got to make those unpopular decisions at times. But if you are a Government that the people do not trust, they will always look at anything that you do with a level of wondering, Are you really doing this for me? Or are you doing this for you? And, you know, one thing, Mr. Speaker, I was talking to some of my constituents, and do you know what they said? This is how they described the One Bermuda Alliance. They said to me, Are they lying to me? Or are they lying to themselves? That is what they asked me. Right? And another thing that constantly gets asked of me is, What does Minister Fahy have on Premier Dunkley to be able to do everything that he does and get away with it?
Bermuda House of Assembly Let us take a walk down this path, Mr. Speaker. Term limits, w e will suspend them . Minister Fahy did away with them. Everybody is upset. What does he have on the Premier? Vendor licences, he institutes a vendor licence regime, upsets everybody in Bermuda, gets away with it. What does he have on this Premier? Opens the housing market to PRC [Perm anent Resident’s Certificate] holders, so they can pur-chase any property they want, a segment of society that has traditionally, since the 1960s, earned ap-proximately $10,000 more than the Bermudian counterpart doing the same job! And they have not been able to buy any property they want. This is why last year, when Coldwell Banker puts out its report and says, Housing sales are going up, but I believe it was 60 per cent of them were cash sales. Who is walking around here with $900, 000 in cash? It is certainly not the average Bermudian. It is certainly not the average Bermudian. But, Mr. Speaker, I carry on. Who suggested that children of work permit holders be able to work in Bermuda restriction free? The Honourable Minister who si ts in another place. What does he have on the Premier to continue this way? The Pathway to Status Bill— and we heard the Honourable Learned Member who is not in the Chamber say who was responsible for—
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of order.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Imputing improper motives] Dr. the Hon. E. Grant Gibbons: I have been listening very carefully to the Honourable Member. He is certainly [imputing] improper motives and he is also essentially in breach of [Standing Order] 19(11)(f) which says “ No Member shall impute improper …
Yes, Honourable Member.
POINT OF ORDER [Imputing improper motives] Dr. the Hon. E. Grant Gibbons: I have been listening very carefully to the Honourable Member. He is certainly [imputing] improper motives and he is also essentially in breach of [Standing Order] 19(11)(f) which says “ No Member shall impute improper motives to any Member of the House or indulge in personali ties.” This whole speech has been about a personality and it says, “ except on a substantive motion moved for that purpose. ” I think the Honourable Member is in breach, Mr. Speaker .
The SpeakerThe SpeakerThank you for that, Honourable Member. Just be careful.
Mr. Diallo V. S. RabainI am, Mr. Speaker. All I am doing is mentioning Acts that have come through this particular Minister’s Ministry. How else am I supposed to describe that? He is the Minister. He has brought the Acts through. That is not personal. It is talking about his Ministry of which he …
I am, Mr. Speaker. All I am doing is mentioning Acts that have come through this particular Minister’s Ministry. How else am I supposed to describe that? He is the Minister. He has brought the Acts through. That is not personal. It is talking about his Ministry of which he happens to be the Mi nister of. Plain and simple. I am not speaking to his personality. I am speaking to the Acts that he is bringing through. So let us move on. This Minister — Dr. the Hon. E. Grant Gibbons: Point of order.
The SpeakerThe SpeakerYes? POINT OF ORDER [Imputing improper motives] Dr. the Hon. E. Grant Gibbons: The Honourable Member has been [imputing] improper motives on that particular Minister who does happen to sit in another place. I think he is imputing, he is going directly after that person in particular and that individual …
Yes?
POINT OF ORDER [Imputing improper motives] Dr. the Hon. E. Grant Gibbons: The Honourable Member has been [imputing] improper motives on that particular Minister who does happen to sit in another place. I think he is imputing, he is going directly after that person in particular and that individual is not here to defend himself. I think that is inappropriate. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you. I think as long as the . . . Honourable Member, if you talk about different things that were done in regard to certain Acts that took place, I think you need to stay away from these as much as you can.
Mr. Diallo V. S. RabainOkay, okay, Mr. Speaker . We will play that game. We will play that game but we all know what we are talking about. The Minister of Transportation brought through this Rental Car Act —it disrupted Bermuda. The Mi nister of . . . that particular Minister brought through legislation …
Okay, okay, Mr. Speaker . We will play that game. We will play that game but we all know what we are talking about. The Minister of Transportation brought through this Rental Car Act —it disrupted Bermuda. The Mi nister of . . . that particular Minister brought through legislation to void contracts retroactively. That Minister was involved in the Jetgate scandal. That Minister was involved in a secret campaign that even his own members did not know about. A secret campaign that his own members did not know about! That Minister was the Head of the Ministry that refused to close the PRC loophole. That Minister was in charge of what we heard today, the lack of providing staff for the Workforce Development so they could do their job. That Minister brought through the Act that limited Bermudian musicians from getting a fair share. So if that is being personal, I have mentioned only Acts that that Minister has brought through that has caused disruption to this country acr oss the board. These Acts that I mentioned caused two di sruptions. The Senate was closed down because of one of them and this Honourable House was closed down because of one of them. If I am being personal, please point that out! That Minister was in charge when those things happened.
The SpeakerThe SpeakerYou do not need to shout. [Inaudible interjections]
Mr. Diallo V. S. RabainNo, I am making sure the Honourable Member from [constituency] 22 can hear me. 2648 15 July 2016 Official Hansard Report Bermuda House of Assembly The Speaker: I agree. But do not shout at me. All right? You are speaking to me. All right? Make your point, make your point. …
No, I am making sure the Honourable Member from [constituency] 22 can hear me.
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Bermuda House of Assembly The Speaker: I agree. But do not shout at me. All right? You are speaking to me. All right? Make your point, make your point. I appreciate your point, Ho nourable Member, all right? Carry on.
[Inaudible interjections]
Mr. Diallo V. S. RabainThank you, Mr. Speaker . That Minister has refused to move into his office at TCD. A new one . . . well, we hear he may go there, he may not; but we know that a new office was thought about. So, Mr. Speaker, I say all of this …
Thank you, Mr. Speaker . That Minister has refused to move into his office at TCD. A new one . . . well, we hear he may go there, he may not; but we know that a new office was thought about. So, Mr. Speaker, I say all of this because I am bringing —hopefully bringing—to the OBA the thoughts of the people of Bermuda and they are thinking, What does that Minister have on the Premier that he can continue to do what he does, upset Bermuda —
The SpeakerThe SpeakerYes, Honourable Member. Have a seat. Y es? Dr. the Hon. E. Grant Gibbons: The Honourable Member continues to impute improper motives against the Minister and the Premier. I have raised the issue a couple of times, but he continues to do it.
The SpeakerThe SpeakerYes. I think the fact that linking an ything with “what does he have on the Premier” I think certainly crosses the line. Yes, so carry on, but I think that that crosses the line somewhat.
Mr. Diallo V. S. RabainThank you, thank you. I do hope that, you know —I know we will hear from the Premier and I know he will defend himself, if need be. But, Mr. Speaker, you know, as my honourable colleague said, we are elected here by the people of our constituency to represent …
Thank you, thank you. I do hope that, you know —I know we will hear from the Premier and I know he will defend himself, if need be. But, Mr. Speaker, you know, as my honourable colleague said, we are elected here by the people of our constituency to represent them. So when the people of your constituency tell you things, I would hope that we are able to come in these walls and tell people this is what they are saying because at the end of the day the Government is supposed to be here for everybody —that crosses constituencies, crosses party allegiances, crosses black, white, whatever. They are here for everybody. So, Mr. Speaker, when we are out on the street we always hear this familiar word “Fahy/Dunkley/OBA” —nobody even seems to worry about the rest of them. Everyone just seems to think Fahy/Dunkley/OBA. Fahy/Dunkley/OBA —that is the mantra that we keep hearing out there on the streets, and they are not saying it with any sort of “like,” for lack of a better word. They are saying it with a certain disappoin tment; a certain disgust in their voice. Again, it goes back to what I started off with saying, the people need to trust their Government and the Government needs the trust of the people in order to operate properly. The people need to know that the Government is doing things in their best interest whether they like it or not. But what we are getting is a consistent and recurring theme of lack of consultation, submission of Bills, the people raise up and complain, the Bill gets pulled. I mean, how do we move forward with that sort of operation? How do we move forward with that sort of operation, Mr. Speaker ? That is what I am trying to say. It is very clear to just about everybody around here except for certain Members that sit opposite that there is one central figure that just does not seem to get it. But for whatever reason his colleagues do not seem to get that this seems to be the central figure who is just causing all this disruption, Mr. Speaker, and I implore them, What are they going to do? Is it about party or is it about country? Is it about keeping someone around because he is your ace boy or is it about taken him to the side and saying, Hey, you are going to have to sit this one out because your style is just not making the country progress. It is only causing division within our country. But, Mr. Speaker, if they want to continue down the road they are continuing on, who am I, Mr. Diallo R abain from constituency 13, to tell them to do any di fferently? If they want to continue to barrel down the path they are going as being the only one- term Government in Bermuda, who am I to offer any advice and say, Hey, you do not do that? Who am I? Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Minister, the Ed ucation Minister, Wayne Scott. SUSTAINED CAMPAIGN OF MISINFORMATION Hon. R. Wayne Scott: Thank you, Mr. Speaker . Mr. Speaker, this has been a quiet session for me. I have not gotten on my feet a lot to …
Thank you, Honourable Member. The Chair will recognise the Honourable Minister, the Ed ucation Minister, Wayne Scott.
SUSTAINED CAMPAIGN OF MISINFORMATION
Hon. R. Wayne Scott: Thank you, Mr. Speaker . Mr. Speaker, this has been a quiet session for me. I have not gotten on my feet a lot to participate in some of the debate, especially on the motion to a djourn. I have been sitting back and just watching and contemplating because sometimes things get crazy up here. You know, I came across a quote some months ago that kind of stuck with me by Mahatma Ghandi, you know, first they ignore you, then they laugh at you, then they fight you, then you win. Of course, we have been ignored, laughed at, fought and, thank goodness for the country, we won. And hopefully we need to continue that because, you know, we have short memory sometimes and we will fail sometimes to remember just what the state Bermuda was in, and we are still feeling a lot of the effects of that and that is why people are still on edge.
Bermuda House of Assembly Before I get started though, I would like to welcome the Member from [constituency] 29 back. I see he is back in the House just in time for motion to adjourn after missing three sessions, 20 Bills. I hope the golf was good. But we will get to golf in a second, Member, so welcome back. I listened to the Member from [constit uency] 13— and I am glad he came back because he has to support the remaining five people that are here because everyone else has gone home—
An Hon. Member An Hon. MemberFour! Hon. R. Wayne Scott: Four. So four. Again, thank you. It is nice to see you back, Member. But I listened to the Member from [constit uency] 13 and two things that he just said that stuck in my head: people need a Government working in their best interests, …
Four!
Hon. R. Wayne Scott: Four. So four. Again, thank you. It is nice to see you back, Member. But I listened to the Member from [constit uency] 13 and two things that he just said that stuck in my head: people need a Government working in their best interests, and I appreciate that and that is true. People do need a Government working in their best interests. We have not done everything right, Mr. Speaker, but nobody’s hands are in any cookie jars and all of that over here. So, yes, we do need to get some things straightened out. But, you know, he said something just before he sat down: Is it about party or is it about country? Mr. Speaker, I sat early on when we were Government up at Princess and I listened to a former Member of this House—a former Premier —say that we need to take this Government back by any means necessary and a sustained campaign of misinform ation. I actually give those Members across the aisle credit because as the Member from [constituency] 29 said they learned from the best in a sustained campaign of misinformation.
[Inaudible interjection]
Hon. R. Wayne Scott: Yes, the Member said I do not know how to give misinformation. You are absolutely right because I speak the truth when I am on my feet—even when I am sitting down because it is easier that way. [Inaudible interjection] Hon. R. Wayne Scott: The Member says I am just dumb. [Gavel] Hon. R. Wayne Scott: I am just dumb, Mr. Speaker .
[Gavel]
Hon. R. Wayne Scott: I am just dumb, Mr. Speaker, because I am speaking the truth and I am honest. Well, Member, if that is how you get dumb, dumb me up all the time, because I will always be honest and I will always speak the truth. So let us talk about this sustained campaign of misinformation and the question, Is it about party or is it about country ? The dishonest . . . actually dishonest is unparliamentary language, Mr. Speaker, so the less-than up- and-up intentions . . . let us go that way. So let us talk about that la ck of straight up intentions, and I am not going to get into the issue of renting these glorified motor bikes that we are talking about, you know, because that has been deferred. It is still on the paper. We need to actually do some more consultation with people. But let us talk about the intent. I had a conversation with the Member from constituency 6 last week and was explaining the specs to him and he was like, That is all it is? I thought it was a car . It is like, Don’t you read the legi slation that is up in front of this House?
An Hon. Member An Hon. MemberNo. Hon. R. Wayne Scott: No. But the Member knew that. They know what it is about but it is the sustained campaign of misinformation. Look, when in doubt start a conspiracy theory. Why let the facts get in the way of a good story? I picked up the paper …
No.
Hon. R. Wayne Scott: No. But the Member knew that. They know what it is about but it is the sustained campaign of misinformation. Look, when in doubt start a conspiracy theory. Why let the facts get in the way of a good story? I picked up the paper on Monday and I look at an op- ed from Member Burt. Now, Mr. Speaker, you know there is this terms that was coined up here, by myself I might add, “Burt -Math,” and I think the defin ition I was giving for that at the time is that one plus one can equal two, it does not necessarily equal two; heck one plus one could be 73.4 today and tomorrow is minus five, and the day after tomorrow it is 17. Like, who cares? You know, it is just Burt -Math. Let us just make it up. Well, the Member pointed out that, you know, we have to tell children that they have to have roofs that leak in school and we can spend $300,000 on an office that the Member from constituency 13 was just talking about. Now, besides the fact that this is office space that is being renovated, it is in the Ministry of Works budget. It is going to be flow over space so there is no additional money being spent there but to say that we cannot put money to education to fix the infrastructure . . . let us talk a bout that, Mr. Speaker, because as the Minister of Education, we have like $3 million budgeted this year to fix and do work on our school infrastructure that is long overdue. Part of the reason is because Members on that side did not do anything for years. As the Minister responsible for Education, I have been to every single building. I have walked through, looked at the stuff and you have some things that have not been addressed for years. You have windows that leak which you have to get patched up every year and it is like well, what happened? Well, yes, we used to seal these windows every three years 2650 15 July 2016 Official Hansard Report
Bermuda House of Assembly or so but that has not been done in a decade. Like, come on. So, the fact is that we are putting the money where we need to put it and we are fixing some of these issues. Somebody asked me just yesterday when I was talking to them, Well, why don’t you say that? Well, we actually do say it, but when you have a sustained campaign of misinformation . . . we have not been able to keep up with the hype and that is part of our responsibility to do. So I take that point. But, you know, Mr. Speaker, I then turned around and said to that person, Well, how do you defend yourself when someone comes up to you and asks you when you stopped beating your wife? I mean, com e on. You do not even take things like that on if they are total nonsense. But clearly, if you have a sustained campaign of misinformation, maybe the lesson that we need to take back is we have to deal with that misinformation and we are going to be working on that. We talk about an airport. Now, Mr. Speaker, as you know, I ran a company down at the airport for a little while and I have seen the plans that were drawn up for a half -a-billion -dollar airport, and I was actually asked if I could go to the parent company in Germany of the company that I worked for to see if they could finance it. So it actually cracks me up that something that is less than half the amount of the plan that was put together by that side, that is not going to cost the taxpayer the type of debt burden that their plan would have done, is now somehow some bad idea that we do not need —but it is a sustained campaign of misinformation. So we have the Burt -Math that is basically applied to everything and anything and then we— but let us talk about that math for a little bit and we talk about why . . . let us put it this way, Mr. Speaker, if you look at the last decade or so of Bermuda Government’s history of capital projects and, to be fair, it goes back further than that. Governments for t he most part are not the most efficient people in doing massive capital projects. You have had overruns. But you went from overruns that were routinely 10 or 15 per cent to overruns that were like 100 per cent. I mean, we look at . . . you know, talk about less than up and up intentions, look at a school that was built, a dock that was built, a court building that was built, a golf course that was built . . . we have probably $100 million in som ebody’s pockets somewhere—talking about some money went missing. That is half the airport —poof! Poof! Already, up in smoke. POINT OF ORDER [Imputing improper motives]
Mr. Walter H. RobanPoint of information, Mr. Speaker . I am sorry, point of order. This Member is definitely imputing improper motive and has done it more than once already, and he should refrain from suggesting that someone on this side has done something with hundreds of mi llions of dollars. He has …
The SpeakerThe SpeakerThank you, thank you. Now, Honourable Member s, I am going to tell you now. I am going to close this House in a minute! I am going to close the House in a minute. The next time we have this I am going to close the House because we …
Thank you, thank you. Now, Honourable Member s, I am going to tell you now. I am going to close this House in a minute! I am going to close the House in a minute. The next time we have this I am going to close the House because we are not going to have this carrying on. So please carry on and keep it —
Hon. R. Wayne Scott: You know, Mr. Speaker, we were just listening to a Member on that side calling names, stating a bunch of incorrect information and his response was he is just c alling out actions. I am just calling out facts from capital projects in the last decade that have been significantly —
POINT OF ORDER [Misleading and imputing improper motives ]
Hon. Michael J. Scott: Mr. Speaker, point of order.
Hon. R. Wayne Scott:—over budget.
Hon. Michael J. Scott: Mr. Speaker —
The SpeakerThe SpeakerYes, yes, Minister? Hon. Michael J. Scott: Mr. Speaker, will the Minister—point of order. The Minister is misleading the House. He knows the point on which he was called. He said $100 million is in someone’s pocket. We are in the House of Assembly. It is imputing improper m otive. …
The SpeakerThe SpeakerThank you. Hon. Michael J. Scott: I have not finished!
The SpeakerThe SpeakerThank you, thank you, Honourable Member . Take your seat, take your s eat. All right, thank you. Hon. R. Wayne Scott: Thank you, Mr. Speaker, I guess when you get the heat underneath someone’s collar or as some people would say, truth hurts. I am talking about budget overruns …
Thank you, thank you, Honourable Member . Take your seat, take your s eat. All right, thank you.
Hon. R. Wayne Scott: Thank you, Mr. Speaker, I guess when you get the heat underneath someone’s collar or as some people would say, truth hurts. I am talking about budget overruns and I just used four capital projects. The school, the senior school —need I call which one? I think you got that. I am talking about a dock —need I call which one, Member? It is close to your house.
Bermuda House of Assembly
The SpeakerThe SpeakerHonourable Member , if you are going to speak, speak to me and not to the Honourable Member . Hon. R. Wayne Scott: Okay, Mr. Speaker . Need I refer to what court building? I am pretty sure the Members realise which one, and the Member that just came back …
Honourable Member , if you are going to speak, speak to me and not to the Honourable Member .
Hon. R. Wayne Scott: Okay, Mr. Speaker . Need I refer to what court building? I am pretty sure the Members realise which one, and the Member that just came back from playing golf would certainly know which golf course I was talking about.
POINT OF ORDER
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker, point of order.
The SpeakerThe SpeakerYes, yes. Hon. Zane J. S. De Silva: The Honourable Member , if he is going to make that statement, at least get your facts straight. But he just said he speaks honestly, just now, Mr. Speaker . That is an absolute lie! Absolute lie!
The SpeakerThe SpeakerThank you, carry on. Hon. Zane J. S. De Silva: I will take your apology. Hon. R. Wayne Scott: So, Mr. Speaker —
The SpeakerThe SpeakerAnd, Honourable Member , I have to say that the Honourable Member did write to me and inform me that he was away on business. So that is why he was out of the House of Assembly. Hon. R. Wayne Scott: Let me tie it in this way, Mr. Speaker, …
And, Honourable Member , I have to say that the Honourable Member did write to me and inform me that he was away on business. So that is why he was out of the House of Assembly.
Hon. R. Wayne Scott: Let me tie it in this way, Mr. Speaker, when you look at the amount on those four projects alone from the budgeted, approved amount versus the —
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes? Hon. Zane J. S. De Silva: The Honourable Member is misleading the House. He just said what was budgeted . . . that is not true. Those projects that he is tal king about —he should very well know, Mr. Speaker, if you look in the Budget Book —and …
Yes?
Hon. Zane J. S. De Silva: The Honourable Member is misleading the House. He just said what was budgeted . . . that is not true. Those projects that he is tal king about —he should very well know, Mr. Speaker, if you look in the Budget Book —and we all know about TAFs and Port Royal which I am very familiar with, Mr. Speaker, you will know, had a TAF for $4 million about eight years before it started.
The SpeakerThe SpeakerOkay, carry on, Minister. Hon. R. Wayne Scott: Mr. Speaker, if you look at the amounts that came to this House of Assembly when these projects were put in place and you look at the amount that the taxpayers of Bermuda ultimately paid in those four projects alone, we are …
Okay, carry on, Minister. Hon. R. Wayne Scott: Mr. Speaker, if you look at the amounts that came to this House of Assembly when these projects were put in place and you look at the amount that the taxpayers of Bermuda ultimately paid in those four projects alone, we are talking about approximately $100 million over that —
POINT OF ORDER
Mr. Walter H. RobanPoint of order, Mr. Speaker . Hon. R. Wayne Scott: So, Mr. Speaker, how —
Mr. Walter H. RobanMr. Speaker, are not these matters that he is referring to the subject of the Commission of Inquiry? So should he not be very careful about what he suggests?
The SpeakerThe SpeakerYes, he should. He should, Honourable Member, absol utely. Absolutely. Hon. R. Wayne Scott: Thank you, very good point. So on that Member, and I see the Member kind of like hurry on, we do not need to keep, but let us not keep focusing on the facts because— [Inaudible …
Yes, he should. He should, Honourable Member, absol utely. Absolutely. Hon. R. Wayne Scott: Thank you, very good point. So on that Member, and I see the Member kind of like hurry on, we do not need to keep, but let us not keep focusing on the facts because— [Inaudible interjections]
Hon. R. Wayne Scott:—the sustained campaign of misinformation, Mr. Speaker, is one of the key re asons why we have people all up in arms on stuff, and the question the Member from [constituency] 13 asked before he sat down, Is it about party or is it about country? I challenge my friends across the aisle, especially in this season of Cup Match and I know we are a Cup Match kind of society, one side or the other, and I will give my condolences to you St. George’s fans now, but that is a whole another issue. Let us keep in mind t hat it is about country and it is about getting this country back in order and back on a solid footing. Mr. Speaker, Burt-Math or not, we all know that Bermuda was on the slippery slope downhill and so we have managed to slow that, to kind of get the economy to where it is catching itself. There is work that we need to do on the other side of the equation that we have been doing and we will talk about more, and we will commit to making sure we continue to do these things, Mr. Speaker, but we are working wit h the best interests of this country in mind without a sustained campaign of misinformation. But I give those Members credit for following that playbook very well and as the Member said, they learned from the best. But, you know, again, what the Member fro m [co nstituency] 13 said when I started, people need a Government working for their best interests, not a sus-tained campaign of misinformation. 2652 15 July 2016 Official Hansard Report
Bermuda House of Assembly So, with that, Mr. Speaker, I will take my seat. I think if I happened to be down in the country I will take you up on that “Speaker punch” and you enjoy your holiday, and to the people of Bermuda, you have a good holiday as well. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you very much. The Chair will recognise the Honourable Member from constituency 29, MP De Silva. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I have a few things that I want to talk about tonight, but let us just touch on a few …
Thank you very much. The Chair will recognise the Honourable Member from constituency 29, MP De Silva.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I have a few things that I want to talk about tonight, but let us just touch on a few things that the Honourable Member was quite happy to talk about whilst he was on his feet. Mr. Sp eaker, he talked a lot about starting a conspiracy theory. He talked about a sustained campaign of misinformation and following the playbook. Well, Mr. Speaker, I can tell you that in my time in this House since 2007 and when I was certainly a part of the Government and a Minister, Mr. Speaker, if you want to talk about conspiracy theories and sustained campaigns of misinformation and following a pla ybook, Mr. Speaker, that Honourable Member that just took his seat, maybe he was not into politics at that particular time and maybe he . . . but certainly, Mr. Speaker, he would have read a few newspapers, li stened to some of the media, because I can tell you, that campaign of misinformation during that period, Mr. Speaker, was unlike anything we have ever seen in our country’s history. I am not even going to talk about cedar beams, but I will talk about Port Royal if they want me to, Mr. Speaker . But, Mr. Speaker, you know, the Honourable Member talked about the history of past projects. Well, Mr. Speaker, let us talk about a couple of their projects, Mr. Speaker, and I have to say “theirs” as in the UBP/OBA because you have some former UBP members there and even some of the OBA projects — the first project they had done up in Dockyard was some work on the wharf. And then, Mr. Speaker, it was a $12— [Inaudible interjections] Hon. Zane J. S. De Silva: Yes, they were fixing this. But it was a $12– $15 million job that went $9 million over budget, Mr. Speaker . One of their first jobs! One of their first jobs. But let us remind them, Mr. Speaker, when you talk about millions of dollars, L. F. Wade Airport under the UBP started at $9 million, finished at $25 million, Mr. Speaker . Westgate, the prison, started at $20 [million] finished at $39 million, Mr. Speaker . Mr. S peaker, let us not forget Tynes Bay —
POINT OF ORDER Dr. the Hon. E. Grant Gibbons: Point of order, Mr. Speaker .
The SpeakerThe SpeakerYes? Dr. the Hon. E. Grant Gibbons: The Honourable Member actually is incorrect. The Westgate finished about $42 [million]. The TAF was about $40 [million]. So it was pretty much on target.
The SpeakerThe SpeakerThank you. [Inaudible interjections and crosstalk ]
The SpeakerThe SpeakerHold on. We will wait until everybody is ready, Honourable Member . We will wait until ever ybody is ready. Carry on. Hon. Zane J. S. De Silva: Mr. Speaker, you know what? I forgot, the Honourable Member Dr. Gibbons, just reminded me. Yes, it was a couple of million …
Hold on. We will wait until everybody is ready, Honourable Member . We will wait until ever ybody is ready. Carry on.
Hon. Zane J. S. De Silva: Mr. Speaker, you know what? I forgot, the Honourable Member Dr. Gibbons, just reminded me. Yes, it was a couple of million more because they paid off their friend, Sealand [Construction]—that is who they paid off, remember that, Mr. Speaker ? They got in trouble.
[Inaudible interjections] Hon. Zane J. S. De Silva: Actually, my figure of $39 [million] is wrong, and he is right. It was about $42 [million]. So it started at $20 [million] and finished at $43 [million] I think you said. Mr. Speaker, we cannot forget, we cannot forget the great organisation of UBP that built Tynes Bay—supposed to have done it for $26 million, Mr. Speaker, finished at $74 million!
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, the Honourable Member — Hon. Zane J. S. De Silva: $74 [million]!
Dr. the Hon. E. Grant Gibbons:—is misleading the House again. Look, I think he thinks that I need to defend this but if he is going to give information he should at least give the correct information. He knows that project went over many, many years and the specs on it changed before there was any construction whatsoever.
[Inaudible interjections and general uproar ] Dr. the Hon. E. Grant Gibbons: So the final TAF, the final TAF —
The SpeakerThe SpeakerI cannot hear the Honourable Member . I need to hear this objection. Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: So the final TAF was much closer to $70 [million]. That was actually a pretty good project. It won an engineering award but when it originally started …
I cannot hear the Honourable Member . I need to hear this objection.
Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: So the final TAF was much closer to $70 [million]. That was actually a pretty good project. It won an engineering award but when it originally started a long time ago, there was a lot of discussion about it. The Honourable Member knows that. This went on over many years before the plans were actually made. Thank you.
The SpeakerThe SpeakerThank you. Hon. Zane J. S. De Silva: Mr. Speaker, you know, life is funny. Just a few minutes ago he did not correct his colleague who sits right beside him, I mean, he could kiss him on the cheek, but he did not correct his own Minister. He knows …
Thank you. Hon. Zane J. S. De Silva: Mr. Speaker, you know, life is funny. Just a few minutes ago he did not correct his colleague who sits right beside him, I mean, he could kiss him on the cheek, but he did not correct his own Minister. He knows darn well! When I hear Dr. Gi bbons say, Oh, wait a minute. The spec changed. We changed this. The drawing s were this . But what happened at the courthouse? The same thing, Mr. Speaker !
[Inaudible interjections] Hon. Zane J. S. De Silva: You see? So, I will tell you. It is unbelievable, Mr. Speaker, but you see—
POINT OF ORDER [Misleading] Dr. the Hon. E. G rant Gibbons: Point of order, Mr. Speaker .
The SpeakerThe SpeakerYes? Dr. the Hon. E. Grant Gibbons: The Honourable Member is misleading the Honourable House again. We are talking about something that has not even started construction. The changes at the courthouse were while it was being constructed. It was a dog’s breakfast in terms of the architecture and the …
The SpeakerThe SpeakerAll right, thank you. Hon. Zane J. S. De Silva: Yes, guess what? Do you know what, Mr. Speaker, so was Westgate and so was T ynes Bay and so was L. F. Wade Airport, Mr. Speaker . But, Mr. Speaker, you know it is funny because when they talk …
All right, thank you. Hon. Zane J. S. De Silva: Yes, guess what? Do you know what, Mr. Speaker, so was Westgate and so was T ynes Bay and so was L. F. Wade Airport, Mr. Speaker . But, Mr. Speaker, you know it is funny because when they talk about our overruns —and I keep those three right here, Mr. Speaker, on this little flas hcard because every time they talk about ours, I bring up theirs. The Honourable Dr. Gibbons will get on his feet just about every time and say, Wait a minute, the TAF started about eight years before then. Well, Mr. Speaker, Port Royal started at $4 million about eight years before it started, too. And do yo u what they were going to do? They were going to renovate three holes, Mr. Speaker ! [Inaudible interjection]
Hon. Zane J. S. De Silva: They were going to renovate three holes, but they ended up doing 18. So if three holes were $4 [million] how much do y ou think 18 cost, Mr. Speaker ? You see? And not only that, what they have not done, what they have not told you—
Hon. R. Wayne Scott: Point of clarification, Mr. Speaker .
Hon. Zane J. S. De Silva: No. I refuse.
Hon. R. Wayne Scott: Point of order.
The SpeakerThe SpeakerNo, no, sit down. No, you are not changing. No. Hon. Zane J. S. De Silva: Thank you. And, Mr. Speaker, you know it is funny because, you know, they know darn well, Mr. Speaker, and it will be r evealed in due course— [Inaudible interjection]
The SpeakerThe SpeakerYou better be careful. Not you. Hon. Zane J. S. De Silva: Mr. Speaker, I do not want to dwell too much on Port Royal because I have so much joy speaking to the Public Accounts Committee with regard to all the finer details of Port Royal, Mr. Speaker. And …
You better be careful. Not you.
Hon. Zane J. S. De Silva: Mr. Speaker, I do not want to dwell too much on Port Royal because I have so much joy speaking to the Public Accounts Committee with regard to all the finer details of Port Royal, Mr. Speaker. And as I said in this House many years before I met with the Public Accounts Committee, I will have my day —and I certainly did—and I have my say, Mr. Speaker . But what they will not tell you is that in that $24 million they had about $6 million of operational expenses, Mr. Speaker . But of course, the masters of . . . what did he call it? The masters of misinform ation—that is one of them right there, Mr. Speaker ! And I will stand gladly, proud in this House, anywhere in Bermuda, and the Premier would tell you himself, as he said before, Port Royal is a gem in our crown. A gem in our crown! And he knows from being assoc iated with Mid Ocean [Club] where Island Construction did just about 100 per cent of their work, too, Mr. Speaker . And he will know —
[Inaudible interjection]
Hon. Zane J. S. De Silva: Well, before I joined the PLP we used to get all the work, Mr. Speaker . We do not anymore. We do not anymore, Mr. Speaker .
[Inaudible interjections]
2654 15 July 2016 Official Hansard Report
Bermuda House of Assembly The Speaker: Honourable Member , Honourable Member —
[Gavel]
The SpeakerThe SpeakerWe are not going to have that. We are not going to have that. That is not going to be happe ning. GAMING COMMISSION Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Now, Mr. Speaker, earlier this week . . . I would like to move on …
We are not going to have that. We are not going to have that. That is not going to be happe ning.
GAMING COMMISSION Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Now, Mr. Speaker, earlier this week . . . I would like to move on a little bit to the Gaming Commission because the Chairman of the Commission, Mr. [Alan] Dunch, as you will know, Mr. Speaker, let out a few press releases this week, Mr. Speaker . The thing about technology, Mr. Speaker, and you will be happy to know, Mr. Sp eaker, whilst I was in Barcelona for the last eight days, I did listen, Mr. Speaker . I did listen to you all here at the House and I made many notes. Oh, yes. I love listening to it, Mr. Sp eaker.
An Hon. Member An Hon. MemberWhy did you miss three sessions? Hon. Zane J. S. De Silva: Easy, easy to do. So, Mr. Speaker, technology is a wonderful thing. I left Barc elona at two o’clock in the morning this morning, Mr. Speaker . I travelled all day. I would not miss seeing you before …
Why did you miss three sessions? Hon. Zane J. S. De Silva: Easy, easy to do. So, Mr. Speaker, technology is a wonderful thing. I left Barc elona at two o’clock in the morning this morning, Mr. Speaker . I travelled all day. I would not miss seeing you before I left for summer. No way, Mr. Speaker ! I had to get up here and let you know that, you know, I appreciate you.
[Inaudible interjections and laughter ]
Hon. Zane J. S. De Silva: I know that you and I are going to be happy after Cup Match. So now, Mr. Speaker, let us get on to the Gaming Commis sion and Mr. Dunch because he said some things that I took exception to. One of the things he said was that some of the conversations that we had the week previous were potentially deterring hu ndreds of millions of dollars’ worth of investment from Bermuda. Mr. Speaker, he also said that the comments by MPs on this side may have put paid to hundreds of jobs for Bermudians. Now, Mr. Speaker, hundreds of millions of dollars in investments, hundreds of jobs for Bermudians all in doubt because of some of the things that we brought to this House. Well, Mr. Speaker, if Mr. Dunch . . . if the kitchen is a little too hot, then I suggest he gets out, Mr. Speaker, because you know what? As long as we on this side of this House are in Opposition (and it will not be l ong), as long as we are here, Mr. Speaker, we will hold that Government to account and anyone that they appoint —any commi ssion, any committee, any quango. We are going to hold them to account. If Mr. Dunch and Mr. Schuetz believe that they are beyond ques tioning, they have got the wrong group of people, because we will question, Mr. Speaker . Mr. Speaker, where was Mr. Dunch when all the noise was made about Kurron when they were at the hospital? Where was Mr. Dunch when they were chastising GlobalHue ever y week in this House . . . talk about misinformation, Mr. Speaker . Where was Mr. Dunch then? I am not going to say it is because, you know, of the colour of anybody’s skin and who owned those businesses, Mr. Speaker . But it always seems that way. It always seems that way, Mr. Speaker . Now, the Chairman and Mr. Schuetz, Mr. Speaker, have said publicly now in two statements that they have been to Caesars. They courted . . . they were wined and dined. Well, Mr. Speaker, what damage is that potentially doing t o Bermuda’s future with regard to casino gaming? What damage is that doing? What confidence is that giving any potential gaming operator to come to Bermuda if they know that Caesars are being courted by the very regulators that have been appointed by the M inister of the OBA to regulate? So you have the regulator that is courting a possible casino operator. The Premier and Cabinet should be very concerned . . . especially when he says we are trying to bring some of the potential developments in Bermuda to C aesars’ attention. Well, Mr. Speaker, if you are I were casino operators and we were thinking about Bermuda, because we keep up to speed with gaming worldwide, what would we be saying? Well, I guess, they are going to come out with an RFP and I am going to spend, you know, a couple of hundred thousand dollars putting an RFP together when I know that these guys are in bed with Caesars and I know that Mr. Schuetz’s ex -wife of 10 years is now one of the executives of Caesars. (Mr. Dunch says they have been div orced 10 years but they are still friends.) But, Mr. Speaker, if you look at the five mi ssion goals that former Minister Shawn Crockwell read out in this House, Mr. Speaker, the very first one says, The owners, vendors, managers, employees and sources of finance should be free from any inappr opriate past or present associations and behaviours and uphold high ethical standards . Now, Mr. Speaker, Mr. Speaker, Caesars were fined $10 million just a couple of weeks before Mr. Dunch and Mr. Schuetz met with t hem in Las V egas. Now, that is public knowledge. And we know why they were fined $10 million, Mr. Speaker . Then after that they were brought to Bermuda. The same people were brought to Bermuda. Mr. Speaker, if you look at just the picture of this man, Mr . Schuetz’s ex -wife coming to Bermuda, representing Caesars, being wined and dined both in Bermuda and in Vegas . . . Mr. Speaker, if that was
B ermuda House of Assembly you and I . . . or, not you and I, Mr. Speaker, if that was Dr. Brown and I, for example, I wonder how many quest ions would be asked. I wonder what stories would be told by those on the other side, the conspi racy theories that the Honourable Member Mr. Scott talked about. What did he say? Oh, the constant mi sinformation, Mr. Speaker . Can you imagine that? Can you im agine that? If Dr. Brown and I had appointed Rolfe Commissiong before he was an MP to say, Look, we are going to put you in charge. We will make Ms. Lovitta Foggo the CEO and you guys go out there and wine and dine . . . can you imagine, Mr. Speaker? Can you imagine? Mr. Speaker, I will tell you what I do worry about. I worry about . . . how much time do I have left, Mr. Speaker, please?
The SpeakerThe SpeakerFive-fifty. Hon. Zane J. S. De Silva: Five-fifty, okay. I do not know if anyone knows, Mr. Speaker, they— [ Inaudible interjections] Hon. Zane J. S. De Silva: They are talking about I missed a couple of sessions. I see we have a new clock, so congratulations. Thank you, Mr. …
Five-fifty. Hon. Zane J. S. De Silva: Five-fifty, okay. I do not know if anyone knows, Mr. Speaker, they— [ Inaudible interjections] Hon. Zane J. S. De Silva: They are talking about I missed a couple of sessions. I see we have a new clock, so congratulations. Thank you, Mr. Speaker , for giving us a new clock. [ Laughter] Hon. Zane J. S. De Silva: It looks nice, too, Mr. Speaker . [ Laughter] Hon. Zane J. S. De Silva: I thought I might get a couple of extra minutes. It might be a little slow, being it is new. But, Mr. Speaker, I worry about potential i nvestments for Bermuda and potential jobs for Bermudians with this relationship. I really do, Mr. Speaker . I do. Mr. Speaker, Mr. Dunch also said that I (in particular) was political theatre. Well, if Mr. Dunch does not know me that well, Mr. Speaker, I do not get on my feet to grandstand or political theatre. Not at all. [ Inaudible interjections] Hon. R. Wayne Scott: Point of order, Mr. Speaker .
The SpeakerThe SpeakerYes? Hon. R. Wayne Scott: The Member is misleading the House.
The SpeakerThe SpeakerNo, no, there is no point of order on that. He said it is grandstanding. Hon. R. Wayne Scott: He is misleading the House!
The SpeakerThe SpeakerHe does not grandstand. Come on, sit down, Honourable Member . Honourable Member , please. Hon. Zane J. S. De Silva: Well, Mr. Speaker, you know, for Mr. Dunch to say it is political grandstanding or political theatre, I represent my constituents. I rep-resent any potential visitors to Bermuda that …
He does not grandstand. Come on, sit down, Honourable Member . Honourable Member , please. Hon. Zane J. S. De Silva: Well, Mr. Speaker, you know, for Mr. Dunch to say it is political grandstanding or political theatre, I represent my constituents. I rep-resent any potential visitors to Bermuda that may want to invest, whether it be in real estate, casino gaming or anything else, Mr. Speaker . And when things come to my attention, Mr. Speaker, and I happen to do a bit of homework and I happen to bring back the inform ation to this House, and Mr. Dunch does not like it . . . I say tough luck, partner. Because if anybody —if an ybody —needs to make a decision or do something drastic in the next 24 hours, Mr. Dunch should. And he should resign!
An Hon. Member An Hon. MemberOr apologise. Hon. Zane J. S. De Silva: Mr. Speaker, when that Commission is using the taxpayers’ dollars like they are . . . he said it in today’s paper (I think today’s paper . . . yes), Vegas trip cost $6,500. Now, Mr. Speaker, I go to Vegas a …
Or apologise. Hon. Zane J. S. De Silva: Mr. Speaker, when that Commission is using the taxpayers’ dollars like they are . . . he said it in today’s paper (I think today’s paper . . . yes), Vegas trip cost $6,500. Now, Mr. Speaker, I go to Vegas a lot and he said he saved the taxpayer $3,000 because he got a government rate in the casino. Well, I tell you what, Mr. Speaker . . . now that is another story, but I will tell you w hat. I go to Vegas often, Mr. Speaker, and for Mr. Dunch to try to make it look like (to me) he is sa ving the taxpayers’ dollars, Mr. Speaker . . . we hired this man, Mr. Schuetz, because of his experience, his wealth of experience! Why are we spending alm ost $50,000 on travel so far? The man has only been here a year and a bit. Why all the travel? We hired him for his experience. Inquiring minds want to know, Mr. Speaker . And I want to know and the taxpayers want to know. Our money is being spent. We are wining and dining potential investors, Mr. Speaker, and the regulator is the one that is doing the wining and dining. It is not right. It is not right, Mr. Speaker . His job —the Commission’s job . . . they have a mandate from the Government. We brought that legislation here. That is what they should be doing. That is what they should be doing. Not going out and looking for operators and finding people to invest in Bermuda. That is not their remit. That is the remit of the . . . well, they do not have a Minister of Tourism anymore. They have a Junior Minister of Tourism. Well, if they will not take him . . . look, he had an opportunity to go to Chicago and they took my good friend Jamahl Simmons up there, the Opposition Tourism Shadow, Mr. Speaker . They did n ot even take their own Junior Shadow [sic]. He should be the 2656 15 July 2016 Official Hansard Report B ermuda House of Assembly one taking some trips and trying to drum up some i nvestment for Bermuda. So that is where I am at, Mr. Speaker . Now, Mr. Speaker, I want to finish on this note because, you know, Mr. Dunch has had a lot to say in the last week, Mr. Speaker. But I did notice in today’s paper, Mr. Speaker, that the Royal Gazette sent detailed questions to Mr. Dunch and Mr. Schuetz since 24 June and they have declined to answer any. Now, I am going to put this to the Premier and his OBA Cab inet, that his Junior Shadow [sic] Minister is to co ntact—
An Hon. Member An Hon. MemberJunior. Hon. Zane J. S. De Silva: Junior. Junior Minister. Sorry, yes, Junior Minister Bascome, is to ask the Royal Gazette for those questions and get the answers because they are important questions, Mr. Speaker , and even if they are not . . . Mr. Dunch says he is …
Junior. Hon. Zane J. S. De Silva: Junior. Junior Minister. Sorry, yes, Junior Minister Bascome, is to ask the Royal Gazette for those questions and get the answers because they are important questions, Mr. Speaker , and even if they are not . . . Mr. Dunch says he is going to be transparent, he is going to be open, he is going to be honest. And, by the way, Mr. Speaker, he also said in his press r elease, y ou know, Why didn ’t DeSilva, Commissiong, and Burgess come and see me? I met with them earlier on my arrival. Why didn’t he come to see me? Well, why did you not invite us to one of these meet-ings? If you want to be open and honest and share with us . . . I do not know you were having meetings. If you are going to be open, honest, transparent and you want to be inclusive, well, invite us to the meetings. Mr. Speaker, you know, I like to play a little black jack. I play a little roulette and pull on those slot machines too. I have been around the block in terms of casinos, Mr. Speaker, you know that. [ Inaudible interjection] Hon. Zane J. S. De Silva: That is right. Oh, I look for casinos every time I gamble. That is why it is impor-tant that we . . . and if it were not for you on that side, OBA, turning down the legislation in 2010, we would have had casinos here already. We would have had Bermudians working! [ Timer beeps]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 28, MP Jeff Sousa. You have the floor. SUSTAINED CAMPAIGN OF MISINFORMATION
Mr. Jeff SousaGood afternoon, Mr. Speaker , colleagues and those that may be in the listening audi-ence. Today certainly has been a very interesting day, to say the least. Of course, now we are finally on the motion to adjourn in our last session of the House of Assembly. Certainly, it has …
Good afternoon, Mr. Speaker , colleagues and those that may be in the listening audi-ence. Today certainly has been a very interesting day, to say the least. Of course, now we are finally on the motion to adjourn in our last session of the House of Assembly. Certainly, it has been very interesting to listen to the Member that just took his seat from con-stituency 29 who just returned to Bermuda after a business trip overseas, versus being in the House and dealing with the people’s business which he was elected to do. [ Inaudible interjection] Hon. Dennis P. Lister: Mr. Speaker, point of order. Point of order.
The SpeakerThe SpeakerYes? POINT OF ORDER Hon. Dennis P. Lister: Mr. Speaker, many Members have to miss s essions i n this H ouse becaus e of personal business an d personal matters as well as Gov - ernment matters. So I do not think we should make issue—
The SpeakerThe SpeakerAbsolutely, absolutely . Thank you.
Mr. Jeff SousaAnd of course for this same Member, Mr. Speaker (if I may continue), to stand in this House and talk about overruns on jobs . . . I mean, the audacity of that Member. I mean, it is unbelievable. A udacity would be a good word to say, right? [Inaudible …
Mr. Jeff SousaIt will not be from you, that’s for sure. He, like the Member from constituency 13 loves the opportunity to get on his soapbox and get up here and put on a show in the House of Assembly for the people of Bermuda. The Member for [constit uency] 13, stood …
It will not be from you, that’s for sure. He, like the Member from constituency 13 loves the opportunity to get on his soapbox and get up here and put on a show in the House of Assembly for the people of Bermuda. The Member for [constit uency] 13, stood on his feet a little while ago to tell the public of Bermuda that our Island is in a worse place than it used to be. Does he get out of his constit uency? Does he get out of his house? Does he get around Bermuda and see what is going on in this country? Does he not see the growth? Everybody else does. The taxi drivers that I spoke to do.
The SpeakerThe SpeakerWhat is the point of order? POINT OF ORDER [Misleading]
Mr. Diallo V. S. RabainMy point of order . . . the Member is misleading the House. Most certainly I get Bermuda House of Assembly out of my constituency and my house. And, Mr. Speaker, I have seen the people march—
The SpeakerThe SpeakerAll right, thank you. Thank you, Honourable Member.
Mr. Jeff SousaOnce again, Mr. Sp eaker, thank you. I am, again, enjoying the abs workout, getting up and down, and I can assure every Member in this House that I get out amongst the people quite often, seven days a week. But to allude that this Island is in a worse …
Once again, Mr. Sp eaker, thank you. I am, again, enjoying the abs workout, getting up and down, and I can assure every Member in this House that I get out amongst the people quite often, seven days a week. But to allude that this Island is in a worse place than it used to be is absolute crap! That is ridiculous! Honestly, I mean, I am out on the roads more than most. Most know that I am a contractor, a landscape contractor, and have been for 30 years, and the growth that is taking place in Bermuda is unprec edented! Particularly the West End contractors would know this with what is taking place with the America’s Cup. The Member from [constituency] 29— who was just about to rise but decided to take his seat — knows about the work that is taking place.
Hon. Zane J. S. De Silv a: Well, point of order, then if you insist.
The SpeakerThe SpeakerYes, Honourable Member, you have to learn. Do not pay them any mind! [Laughter] Hon. Zane J. S. De Silva: That is right! Thank you, Mr. Speaker . [Laughter] POINT OF ORDER [Misleading] Hon. Za ne J. S. De Silva: The Honourable Member , Mr. Speaker, is misleading the House. …
Yes, Honourable Member, you have to learn. Do not pay them any mind!
[Laughter]
Hon. Zane J. S. De Silva: That is right! Thank you, Mr. Speaker .
[Laughter]
POINT OF ORDER [Misleading] Hon. Za ne J. S. De Silva: The Honourable Member , Mr. Speaker, is misleading the House. He just said that the Island is experiencing unprecedented growth. Where is he living?
The SpeakerThe SpeakerThank you, thank you. [Inaudible interjections]
Mr. Jeff SousaAs we all know, particularly we that are owners of businesses in the House here, how bad things have been on this Island over the last several years. We know that. Of course, the reason that the One Bermuda Alliance was elected in 2012 was because the people in the …
As we all know, particularly we that are owners of businesses in the House here, how bad things have been on this Island over the last several years. We know that. Of course, the reason that the One Bermuda Alliance was elected in 2012 was because the people in the country wanted to put the Government in differ-ent people’s hands. That is what they wanted to do and that is why we were elected, because w e promised the people of this country that we would create jobs, that we would create opportunities, that we would build hotels and, of course alluding to what the Member who just took his seat from [constituency] 29 said . . . he said he wanted to see us produce jobs. He wanted to see us build hotels and that he and his colleagues would be prepared to sit in the Opposition for the next 10 to 15 years. Well, I am going to tell him what, he had better get used to that because that is what they are go-ing to be doing. They are going to be sitting in the O pposition for the next 10 to 15 years because, again, it has started and they know it on that side. It has started. We are going to have unprecedented growth in this country. When I spoke to the president of the Taxi A ssociation and other taxi drivers, they know it. [Inaudible interjections]
Mr. Jeff SousaI spoke to them and I spent hours with those guys today, mate. I spent hours. Again, for the Member from constituency 13 to allude to the former Minister of Home Affairs and the Minister of Tour-ism that he does not listen . . . he was the one that …
I spoke to them and I spent hours with those guys today, mate. I spent hours. Again, for the Member from constituency 13 to allude to the former Minister of Home Affairs and the Minister of Tour-ism that he does not listen . . . he was the one that said that we should carry over the thing on the rental of three- wheelers. He was the one that said that! Right? Come on. That is a Government that listens to the people. On this side we are grandfathers, fathers, we are caring people. To keep alluding that we are not is absolute . . . I will say the word ridiculous . I will say it. It is getting close to Cup Match here, you know. But, and again, when people stand on their feet and they say stuff like . . . no, I am not going to call him Mickey, but when the Member from [constit uency] 24 said that the former Minister who has been spoken about quite a bit in the House here today should have been . . . he was involved and has som ething to do with $18 million that went missing from City Hall . . . why is nobody asking about where the money went missing from Eastern Counties? You know, come on. Let us start talking—
Mr. Walter H. RobanPoint of order, Mr. Speaker ! That is out of order, Mr. Speaker ! 2658 15 July 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Yes?
The SpeakerThe SpeakerRight, okay, fine. POINT OF ORDER [Imputing improper motive ]
Mr. Walter H. RobanHe is imputing improper motive and it has nothing to do with this House or a Member on this side and he should keep that business out of this House.
Mr. Jeff SousaI am almost starting to enjoy this, and I hope that colleagues in this House get used to it. I am proud to be the son of George Sousa and the grandson of Benny Sousa, and I am proud that Port ugal won the European Cup. Let me make that …
I am almost starting to enjoy this, and I hope that colleagues in this House get used to it. I am proud to be the son of George Sousa and the grandson of Benny Sousa, and I am proud that Port ugal won the European Cup. Let me make that clear, all right? Very proud. But, Mr. Speaker, again, for colleagues on that side to allude that Bermuda is in a worse place than it used to be . . . I mean, come on. That is crazy. That is why we were elected, and that is exactly w hat we are doing. And I have all faith that the Members on this team will continue to do that. And on that note, Mr. Speaker, I wish that everybody has a happy and joyful Cup Match and I know that my team —your team, Mr. Speaker —will again lift the Cup. Thank you. Somerset!
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member . The Chair will recognise the Honourable Member from constituency 33, MP Jamahl Simmons.
Mr. Jamahl S. SimmonsMr. Speaker, today is the day for quotes. And I am reminded of one my grandmother used to say. She would tell me, Never wrestle in the mud with a pig. You will only get dirty and the pig likes it . Mr. Speaker, we all seem in this Chamber …
The SpeakerThe SpeakerThat is your grandmother Snaith. TWO BERMUDAS
Mr. Jamahl S. SimmonsGrandmother Snaith. Oh, but you know she used different language. She did not call it a pig. She was a salty -tongued woman. We are in here today to do the people’s bus iness, and I have listened to the cackling, the cat cal ling, the name calling, the childish …
Grandmother Snaith. Oh, but you know she used different language. She did not call it a pig. She was a salty -tongued woman. We are in here today to do the people’s bus iness, and I have listened to the cackling, the cat cal ling, the name calling, the childish behaviour from an organisation that is supposed to be about elevating the condition of our people, Mr. Speaker . It is unfort unate that we have had a very productive day in the House for it to be reduced to this, and I wis h I could say that I expect better from this Government. But I do not. I am sure you have had students who were a little slow. You have to take into account the slowness of the student and you have to be sympathetic. But, Mr. Speaker, when we look at this country, when we come out of our boxes, when the laughter stops and the bragging stops and the chest beating stops and all of this pantomime that has gone on over the past hour or so, we have to deal with the fact that there are Bermudians who are going hungry. We have to deal with the fact that we ride up and down our roads and we put our vehicles at risk because they are falling apart with all the potholes and road conditions. We have to deal with the fact that there are people deciding whether to pay t heir light bill or pay for their medication. These are realities that we are facing. And when you sit here and you talk about conspiracy theories . . . that does not keep a light on. That does not pay rent. That does not employ a Bermudian. When you sit here and talk about cost overruns from whenever to that person who is sitting at home right now, who is sitting in the room right now,
Bermuda House of Assembly who does not have a job, who does not have any hope, who has been around to the Workforce Deve lopment and been told, We do not find you jobs, we help prepare you to get a job . . . this is not the answer for our people. Mr. Speaker, we really . . . I think the Government has to raise its game. It has to raise and el evate its game. I am sorry. It is unacceptable for a party that transformed itself, rebranded itself to become the Government to now say it is hard and it is difficult. You wanted this job. You put yourself through all manner of branding and marketing and public relation contortions to get this job. So stop whinin g and get on with the job. Stop making excuses and get on with the job. It is sickening to me when I go to my constituency and I see people who are suffering, who are really suffering, they are not . . . when you talk about, Oh, look at all the growth, they are not feeling it. They are not. So stop bragging! Those people—our people —are suffering and people want to sit up here and laugh and joke. It is sickening. It is disgusting. That is why around the country people are losing faith, not with this Government, with our political institutions, because when you have Junior Ministers who cannot answer basic questions about their portf olio it tells you the Government is not serious. They do not ask the question, Why does the Junior Minister still have his job when it is evident he cannot perform? They ask why the Premier still has his because he cannot perform. Mr. Speaker, last night I went to that taxi meeting. I saw a Tourism Minister who is incapable of leading, communicating and addressing the needs of these people. Incapable. I can tell you right now, Mr. Speaker, if I were Premier and that was my Tourism Minister, he would not be today. He would not be t oday because he went among our people, Bermudian people . . . could not communicate effectively, could not make his point, could not rein in his arrogance, could not even address the real issues —the fears and concerns –of our Bermudian people. He would be on the scrap heap today if our Premier had the guts to actually take action. And I am sorry for pointi ng, Mr. Speaker, but this is really . . . it works my nerves because I see how people suffer. And you know what? It is not people coming— because I do not own a business —it is not people coming to me looking for a job, you know. So I do not have to sit ther e and say, Yes, I own a business and I employ people and people come to me all the time and, you know, all that garbage. There is time now to let us get up here and let us stop wrestling in the mud like pigs. Let us start wrestling with the issues. I encourage the Government to grow up— now. The time is ticking. We are not talking about party and politics and all that stuff. Look, forget about the election. Forget about all that stuff. People need jobs now. Those 2,000 jobs you promised . . . they need them now. Okay? They need them now more than talking about political conspiracies. They need them now more than talking about who did what to who and when and where. Foolishness! And it is sic kening and the people are getting sick of it. I do not know how many of these people actually canvassed beyond their constituencies. And I know the make- up of some of their constituencies. There are people in this country . . . and my colleague, the Honourable Michael Weeks (who is off for his daughter’s graduation and not here today) talks about the two Bermudas. There are two distinct and different Bermudas. The question we have to be as king ourselves is not the foolishness that we have li stened to for the last hour, but how will we get those two Bermudas —quality of lif e, life chances, expect ations —to come closer to each other? There is a Bermuda where things are going pretty nifty right now, you know. It is going pretty good, and it has been going pretty good since the world started turning. There is another Bermuda t hat was suffering when the economy was booming in 2006/07. They were suffering then. They continue to suffer. There are poor people in this country who continue to suffer. Instead of us talking about the foolis hness we have had to listen to, why do we not start talking about things like my honourable colleague raised, liveable wage —seriously talking about it. Why do we not seriously start talking about elevating the number of people who have college degrees in this country so that they get better opportunities. Why are we not talking about investing in our people and getting them prepared so we can get some of the people here on work permits in jobs that our people have the intellect and ability to fill out and get our people working? I am sorry, Mr. Speak er, it is really, really tir esome to sit in here at ten o’clock on a Friday night. I can think of a hundred things I can do better than sit and listen to this foolishness and where it is not employing one single Bermudian. It is not doing anything for a Bermudian. Not one word said by the Gover nment in the past hour has done anything to move us forward. It is disgusting. I hope that when we close the House today that the Government will come back with a new mind-set, a new approach, and a new sense of matur ity towards the issues that are facing the two Bermudas, and particularly one they do not belong to—the one that they do not seem to represent; the one that they do not seem to hear or care about. There has to be an elevation and not just because an electi on is coming, not just because your consultant came in last week and gave you some new fancy words to throw around to try and get under our skin, because it is about getting our people back to work. So, Mr. Speaker, Cup Match is coming and I would like to think that Cup Match . . . when I worked in the tourism industry I used to love to tell tourists 2660 15 July 2016 Official Hansard Report
Bermuda House of Assembly about Cup Match, because I said that is when Bermuda is at its best. That is when our people who are always friendly and inviting are the most friendly and inviting. It is Bermuda at its pinnacle as far as I am concerned. It is the time of year I look forward to the most, especially when it is in Somerset. Mr. Speaker, I encourage our Government and I wish them and my colleagues a happy Cup Match and I hope t hat we will see better —we will see improved performance, we will see improved ac-countability, and improved maturity as we go forward. 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 . I would much like to say one or two things. First of all, to the Honourable Member that just took his seat, he said that he …
Thank you, Honourable Member . The Chair will recognise the Minister of F inance.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . I would much like to say one or two things. First of all, to the Honourable Member that just took his seat, he said that he has heard a lot of nonsense in the last hour or so. I just remind him half of it came from his side —at least half, because I think we have split the time in half.
The SpeakerThe SpeakerIt has been very well split. Hon. E. T. (Bob) Richards: That is right. So, I do not know what he is saying.
The SpeakerThe SpeakerBut I am glad he spoke because he settled the House down very well and I give him every bit of credit for that. Hon. E. T. (Bob) Richards: I appreciate his overtone. POINT OF ORDER [Misleading]
Mr. Jamahl S. SimmonsPardon me, because . . . just a point of order. I hate to have to do thi s.
Mr. Jamahl S. SimmonsI made it very clear that what I heard over the past hour, I was concerned about what was coming from the Government side and I said it repeatedly. I wish that the Honourable Member would not mislead the House.
The SpeakerThe SpeakerCarry on, Minister. Hon. E. T. (Bob) Richards: I do not think that is clar ification at all. I will continue, though on a more sober note, because I have been concerned when I hear from the other side, particularly the Honourable Member from constituency 13, where he is continuously …
Carry on, Minister. Hon. E. T. (Bob) Richards: I do not think that is clar ification at all. I will continue, though on a more sober note, because I have been concerned when I hear from the other side, particularly the Honourable Member from constituency 13, where he is continuously giving a refrain that people have a lack of trust in this Gover n-ment and he talks about trust deficits and those sorts of things. I think that that is a very serious charge because the nature of democracy is t hat the people vote for representatives and they trust them to do the best for the country. You can underline trust three times there. Trust is the glue that keeps democracies t ogether. So I do not take lightly a charge that we cannot be trusted. I think that trust is what trust does, Mr. Speaker . I have said here many times that talk is cheap, actions are golden. I would like to remind that Honourable Member , seeing that he is new here, of a few things that I observed when I was there in the Opposition. I recall in the 2009/10 budget from the then- PLP Minister of Finance that the budget was supposed to show $147 million deficit that year and in the event —when all the i’s were dotted and t’s were crossed —the deficit that that Government delivered was $365 m illion! Now we are talking about overruns on projects? Forget about that. We are talking about overruns on budgets for the whole country —$218 mi llion north of where it was supposed to be. Now you are talking about . . . that is not just a budget deficit, Mr. Speaker, that is a trust deficit! You are talking about trust deficit? That is a trust deficit in dollars. And to make it worse, Mr. Speaker, they tried an accounting trick to try to cover it up. You talk about trustworthy? You know, people in glass houses should not throw stones. They tried to cover it up with an accounting trick that tricked those of us in the Opposition for about five seconds. So I do not want to hear about all this stuff about people in Bermuda cannot trust this Government because w e are in this situation because of untrustworthy actions —not words, actions by a Government that we replaced during the year 2011/12. The promise, i.e., the budget, for the deficit was supposed to be $146 million. At the end of the day when the i’s were dotted and the t’s were crossed, the deficit was $267 million—$171 million north of where it was supposed to be. Mr. Speaker, in those two years the trust def icit increased by a quarter of a billion dollars. So I do not want to hear any kind of rhetoric c oming from the other side about this Government not being trustworthy. It just does not hold water. It just does not hold water at all. I was also concerned when that particular Member associated an $18 million, should we say defalcation, associated with the Minister that sits in another place. He did not have anything to do with that. He did not have anything to do with that. Yet, he is kind of sticking him with it. It is not right. It is not accurate and it is not right. Again, political rhetoric signif ying nothing. There has been a discussion here about overruns on projects, and I can give a few words that I give to people when I am talking to groups about the
Bermuda House of Assembly airport. Let me say this, Mr. Speaker, when talking about consultation, I have made over 15 presentations to various people on the airport so far. I have consu ltation going crazy. It has taken over my life . . . consulting with the people of Bermuda on this matter. One of the things that I say is this, I do not care what Government came before th is Government . . . whether it was PLP or whether it was UBP. When it came to capital projects, there is one thing they had in common, and that was huge overruns on capital pr ojects. Huge overruns! Whether it is the Tynes Bay i ncinerator, the departures lo unge at the current airport, whether it is the Berkeley Institute, whether it is Her itage Wharf, whether it is Lois Browne- Evans buil ding—it does not matter which Government. We have a habit of huge overruns in the Bermuda Government. It has been habit forming. It is almost trad itional. It is amazing, Mr. Speaker, because, you know, capital projects in the private sector do not have those overruns. It is only public sector projects that have these overruns. Now, knowing that —
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker .
The SpeakerThe SpeakerYes? POINT OF ORDER Hon. Zane J. S. De Silva: The Honourable Member said that private companies do not have overruns. They certainly do, Mr. Speaker, and they have them all the time.
The SpeakerThe SpeakerThank you, thank you. Hon. R. Wayne Scott: Point of order, Mr. Speaker .
The SpeakerThe SpeakerThank you. Minister, carry on, please. [Inaudible interjection] Hon. E. T. (Bob) Richards: Yes. They do not have overruns like this, or else they would be broke. [Inaudible interj ections] Hon. E. T. (Bob) Richards: The point I am making here, Mr. Speaker, is this: Given the proclivity of the …
Thank you. Minister, carry on, please. [Inaudible interjection] Hon. E. T. (Bob) Richards: Yes. They do not have overruns like this, or else they would be broke.
[Inaudible interj ections]
Hon. E. T. (Bob) Richards: The point I am making here, Mr. Speaker, is this: Given the proclivity of the Bermuda Government, irrespective of its political stripes, given the proclivity for huge overruns on cap ital expenditures, it is very curious when this Gover nment brings to the public a project that guarantees that there will be no overruns on a project. We have the guarantee of a G7 country, triple A [ Aaa] rated that there will be no overruns on an airport project. Now, given our experience on this, you would have thought that the other side would be cheering. You would have thought that they would be cheering. But no. You think they care about overruns, but they do not. The only thing they care about is pol itics, only politics, because here w e have a project where the execution risk of construction is completely guaranteed. The risk is taken off the table for the Bermuda Government. Yet, you know, we have had nothing but misinformation and criticism in this partic ular project. Nothing but misi nformation and criticism. So, you wonder where there is a genuine i nterest in moving this country forward. You wonder. Now, what is this concern? The Honourable Member that took his seat just before me talked about people want jobs. Well, I have somethi ng to put pe ople back to work. It is an airport! Hundreds of people. Yes, I have something to put people back to work. But yet, we have this blanket Opposition for the sake of opposing. You cannot square those two actions, Mr. Speaker . You cannot square. A nd on the one hand you say we want to put Bermudians back to work and on the other hand be totally opposed to a project that would create hundreds of jobs.
An Hon. Member An Hon. MemberOf course you can. Hon. E. T. (Bob) Richards: You cannot square those two things. This is just totally paradoxical. But that is what we have from the other side. We have criticism and rhetoric mainly to disrupt and to impugn, not for the good of the people of Bermuda, …
Of course you can.
Hon. E. T. (Bob) Richards: You cannot square those two things. This is just totally paradoxical. But that is what we have from the other side. We have criticism and rhetoric mainly to disrupt and to impugn, not for the good of the people of Bermuda, but for some per-ceived political aim. That is what we have. When I hear these things about, Yes, we want to put Bermudians to work, and we have the last speaker who spoke almost with a tear in his eye, well, you know, one gets a little bit sceptical of . . . my co lleague said they may be crocodile tears . . . a little bit sceptical of the genuineness of those statements. Really? You cannot have it both ways, Mr. Speaker . You cannot. I love this statement about, you know, they want liveable wages. I am not sure what that means because in most countries you have minimum w ages or something like that. I do not know what liveable wages means. I know, I think, the Honourable Member Mr. Commissiong . . . is it you, Roban? I thought it was Commissiong. Sorry, Mr. Speaker, I thought we had some sort of subcommittee on that or joi nt select committee. Personally, I do not know what it means, but what we need is to have economic activity to cr eate jobs. Jobs do not fall from the sky. We are talking private sector jobs here. We are not talking about Government jobs. Let us be clear. We are not talking about Government jobs. We already tried that experiment during the PLP years to create jobs by having people come work for Government. The only thing that did 2662 15 July 2016 Official Hansard Report
Bermuda House of Assembly was drive us into a huge mountain of debt. So we cannot do that. I do not know what this liveable wage thing is and people in Bermuda need to be very car eful when they, again, hear this rhetoric about liveable wage because that is an extremely difficult thing to define. I have yet to see a definition of what that is. So, again, my ear gets pricked up a little bit because I am sitting there, Hmm, I am not hearing the genuineness here. I am hearing rhetorical words that may be meant to fool people.
The SpeakerThe SpeakerYes, Honourable Member . POINT OF ORDER [Misleading]
Mr. Rolfe CommissiongThe Member, I think maybe inadvertently, is misleading the House. Certainly, globally, there is a plethora of studies and definitions on what constitutes a living wage.
The SpeakerThe SpeakerThank you, Honourable Member . Also, I think that Honourabl e Minister that once this Committee does its work we should hopefully be able to bring clarity to this. Hon. E. T. (Bob) Richards: I look forward to that with great interest, Mr. Speaker . In any case, I have …
Thank you, Honourable Member . Also, I think that Honourabl e Minister that once this Committee does its work we should hopefully be able to bring clarity to this.
Hon. E. T. (Bob) Richards: I look forward to that with great interest, Mr. Speaker . In any case, I have finished my discourse except to say that the Honourable Member who just took his seat before me said that, you know, we wanted the job and we should not be complaining that the job is difficult. Well, we know the job is difficult. That is why his party lost the job in 2012. It was difficult, and they did not do it properly. They did not do it properly. [Inaudible interjection] Hon. E. T. (Bob) Richards: So we know it is difficult and, quite frankly, it has been made more difficult by their performance.
[Gavel]
The SpeakerThe SpeakerHonourable Member , you will have a chance to speak. Hon. E. T. (Bob) Richards: So our job continues to be difficult, but doable, and that is to clean up the mess, to create economic activity —in spite of blind opposition— and create economic activity, jobs and greater prosperity for …
The SpeakerThe SpeakerThank you, Honourable Member . The Chair will now r ecognise— [General uproar]
An Hon. Member An Hon. MemberNo, no, no.
An Hon. Member An Hon. MemberHe was up! [Inaudible interjections]
Mr. Rolfe CommissiongMr. Speaker, I want to i nvoke privilege here, Mr. Speaker . Bermuda House of Assembly The Speaker: Honourable Member , the House is a djourned to September the 9th. [Gavel] [At 10:19 pm, the House stood adjourned until 10:00 am, Friday, 9 September 2016.]