The SpeakerThe SpeakerHonourable Members should have r eceived the Minutes of June 10th and June [17th]. Unless there are any objections or corrections, those Minutes will be confirmed. Since there are none, the Minutes are confirmed. [ Minutes of 10 and 17 June 2016 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerYes, we do have two Members who will not be present today, MP Furbert, from constit uency 6; and MP B urt, from constituency 18. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThe Chair will first recognise the Mini ster for Health and Seniors. Minister Jeanne Atherden, you have the floor. BERMUDA HEALTH COUNCIL ( HEALTH SERVICE PROVIDERS) ( LICENSING ) REGULATIONS 2016 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for …
The Chair will first recognise the Mini ster for Health and Seniors. Minister Jeanne Atherden, you have the floor. BERMUDA HEALTH COUNCIL ( HEALTH SERVICE PROVIDERS) ( LICENSING ) REGULATIONS 2016 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Bermuda Health Council ( Health Service Provi ders) (Licensing ) Regulations 2016, pr o-posed to be made by the Minister of Health under the provision of section 15 of the Bermuda Health Council Act 2004.
The SpeakerThe SpeakerThank you, Minister. I think you have a second? BERMUDA HEALTH COUNCIL (HEALTH SERVICE PROVIDERS) (HIGH -RISK HEALTH TECHNOLOGY) REGULATIONS 2016 Hon. Jeanne J. Atherden: I do, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Bermuda …
Thank you, Minister. I think you have a second? BERMUDA HEALTH COUNCIL (HEALTH SERVICE PROVIDERS) (HIGH -RISK HEALTH TECHNOLOGY) REGULATIONS 2016 Hon. Jeanne J. Atherden: I do, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Bermuda Health Council ( Health Service Provi ders) (High-Risk Health Technology ) Regulations 2016, proposed to be made by the Minister of Health under the provisions of section 16D of the Bermuda Health Council Act 2004.
The SpeakerThe SpeakerAll right. Thank you, M inister. The Chair will now recognise the Minister of Education. Minister R. W. Scott, you have the floor. Hon. R. Wayne Scott: Thank you, Mr. Speaker. Good morning.
The SpeakerThe SpeakerGood morning. BERMUDA COLLEGE AUDITED FINANCIAL STATEMENTS 2013/14 Hon. R. Wayne Scott: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda College Audited F inancial Statements 2013/14.
The SpeakerThe SpeakerAll right. Thank you, Minister. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerYes, and we will first recognise the Honourable Premier. Premier, you have the floor. And I believe you have two statements, do you, instead of just one? 2182 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly Hon. Michael H. Dunkley: Good morning, and thank you, Mr. Speaker. …
Yes, and we will first recognise the Honourable Premier. Premier, you have the floor. And I believe you have two statements, do you, instead of just one? 2182 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Hon. Michael H. Dunkley: Good morning, and thank you, Mr. Speaker.
EU REFEREDUM —UK WITHDRAWAL FROM THE EUROPEAN UNION
Hon. Michael H. Dunkley: Mr. Speaker, the first Statement this morning is on the EU Referendum , the UK withdraw al from the European Union. Mr. Speaker, yesterday the people of Great Britain voted in the Brexit Referendum and made the decision to leave the European Union. The Bermuda Government respects the decision of the British people and will work alongside the UK Government to ensure the i nterests of Bermuda and our fellow British Overseas Territories are upheld throughout the nego tiation process as we prepare for Britain to formally leav e the EU. Mr. Speaker, Article 50 of the Treaty of the Functioning of the European Union provides that “Any Member State may decide to withdraw from the Union in accor dance with its own constitutional [requir ements] .” Following notification, there will be a two-part negotiation of disengagement and reengagement under new terms. Article 50 provides a period of two years for this process, at the end of whi ch UK wit hdrawal becomes effective and EU law ceases to apply to and in the UK. Mr. Speaker, this period can be pr olonged by unanimous agreement of the European Council and, of course, the UK itself. At the Joint Ministerial Council in December , political leaders and representatives of the UK and Overseas Territories met and agreed in view of Bri tain’s leaving the EU. The UK Government acknow ledges its role in representing the Territories in interna-tional forums as required. We have agreed to continue to consult in order for the views of the Overseas Terr itory Governments on EU reform to be taken into ac-count. Both the UK Government and g overnments of the Overseas Territories acknow ledge the impor tance of cooperation between the EU and the Overseas Territories. Mr. Speaker, Bermuda is the latest signatory of EU Territories to adopt the Council Decision 2013/755/EU on the Association of the Overseas Countries and Terr itories with in the EU (Overseas Association Decision), which was adopted on Nove mber 25 th, 2013. The purpose of this agreement is to moderni se the relationship be tween the OCTs and the EU, moving beyond development cooperation and focusing on a reciprocal relationship based on mutual interests. Mr. Speaker, t here are several financial i nstrument s linke d to that new decision. A total of 76.8 million Euros (EU) funding is available for the UKOTs via the 11 th European Development Fund (EDF) 2014 –2020. Mr. Speaker, all EU Territories , apart from Bermuda, BVI [British Virgin Islands] and the Cayman [Islands] receive indic ative fina ncial alloc ation under the 11th EDF from the European Investment Bank for budgetary aid to developing countries. Given our level of GDP [gross domestic prod uct], the r equirement for allocation of 11th EDF, Bermuda does not derive financial benefit under the Overseas Ass ociation Decision ( or OAD). Mr. Speaker, the Government of Bermuda made the decision, once adopting the Overseas A ssociation Decision , that we would not rely solely on the Overseas Coun tries and Territories mul tilateral level of discussions with officials in Brussels or wait for the UK to represent our position. To protect Bermuda’s interest , it was esse ntial that we engaged b ilaterally to ensure that senior officials within the Commission understood Bermuda’s economic valued proposition to the EU, through our reinsur ance industry. Cooperation in the area of financial services is an important component of the OCT /EU trade rel ationship for territories such as Bermuda. Bermuda benefits from the EU’s recognition that the standard of the Island’s insurance regulation is equivalent to its own through Solvency II, proving the confidence to our business sector. Mr. Speaker, s olvency was achieved through Bermuda’s years of direct bilateral engagement with the European Commission by the BMA [Bermuda Monetary Authority] , the Mi nistry of Finance , and the private sector. The UK itself has not achieved such recogn ition in the insurance industry , and the UK withdrawal from the EU will not impact Bermuda’s s olvency equivalency. Mr. Speaker, Bermuda’s bilateral and multilateral tax treaties are not with the EU ; rather , the agreements are bilateral with individual EU Member States , and multilateral with the global community. Mr. Speaker, perhaps the greatest concern for many Berm udians is the free movement within the EU for British Overseas Territory [BOT] citizens who possess British c itizenship as defined within the Treaty on the Functioning of the EU. For those who have obtained British citizenship , the treaty provisions state (and I quote), “Every person holding the nationality of a Member State shall be a citizen of the Union. ” It further outlines that “ Citizens of the Union shall enjoy the rights and be subject to the duties pr ovided for in the Treaties.” This includes “ Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States .” Clearly, Mr. Speaker, there is a likely impact on the free mov ement of Bermudians through the European Union. As I indicated earlier in this St atement , there is still much to be negotiated in this regard. Those who only possess a BOT citizenship passport are not ordinarily granted the right of abode in the UK or the EU. Additionally , BOT citizens do not benefit from the right of free movement in the EU as defined under the Treaty on the Functioning of the EU. However , in June of 2014, Mr. Speaker, under an
Bermuda House of Assembly agreement negot iated with the UK Government, certain Governments of the Overseas Territories , and the EU, all British Overseas Territory citizens are now permitted to travel visa free through the EU Schengen area for the maximum of 90 days. This agreement relating to BOT c itizens depends upon UK membership to the EU. Therefore, those persons with only a BOT passport are likely to be impacted by this dec ision. Mr. Speaker, w e have been advised that there is no reason why any equivalency or unilateral dec isions of the EU on insurance, audit or fund management should cease to exist on or before UK wit hdrawal. Bermuda is already treated as a third country by the EU. The decisions affecting Bermuda such as those aforementioned are uni lateral EU decisions and are not dependent on UK approval or ratification. As far as tax arrangements are concerned, Mr. Speaker, the situation is similar , that Be rmuda’s bilateral Tax Information Exchange Agreements ( or better known as TIEAs) and multilateral commitments are legally based on entrustments granted to Bermuda by the UK. These tax arrangements should not be affected by the UK withdrawal from the EU. Mr. Speaker, next month, leaders of the Overseas Territories will be meeting ahead of our annual Joint Ministerial Council in London in next October. A priority on this agenda is , of course, to discuss the impact on Territories of the British exit from the EU. Honourable colleagues and the people of Bermuda can be assured that this Government will continue to make this a focal point of our discussions leading up to the meetings in UK in October and ensure that the people of Bermuda are updated all along the way. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you very much, Pr emier. Do you want to carry on with your second Statement, Premier? 2016 e- CENSUS UPDATE Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I rise to inform Members of thi s Honourable House and the people of Bermuda of pr …
All right. Thank you very much, Pr emier. Do you want to carry on with your second Statement, Premier? 2016 e- CENSUS UPDATE Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I rise to inform Members of thi s Honourable House and the people of Bermuda of pr ogress of the 2016 e- Census data collection to date. As of 23rd of June, Mr. Speaker, 10,288, or 28.7 per cent , of assessment numbers have been accounted for, which includes a combination of residential, vacant, derelict , and commercial assessment numbers. I believe this is substantial progress, which indicates that census data collection is ahead of schedule. Mr. Speaker, I am also positioned to report the progress geographically. Paget, Pembroke, and Smith Parishes have the highest completion rates to date. At the census district level ( or CD level, as it is shortened to) , the CD with the highest completion rate is the City of Hamilton, and the CD with the lowest completion rate is the parish of Sandys. And, Mr. Speaker, I have attached Annex 1, which I will ensure that all Members have a copy of to look at later. And it is a map of Bermuda, which gives a colour -coded analysis of what I have just referred to. Mr. Speaker, today is the second day of the e - Census extension. The deadline has now been extended to July 13 th, 2016. Residents who have yet to complete their census questionnaire for the hous eholds are asked to do so by any of three ways: using the password on the e- Census letter mailed to them to complete their household questionnaire online; calling the Department of Statistics to complete their hous ehold’s questionnaire over the phone; or visiting the Department of Statistics to complete their household questionnaire in person. Mr. Speaker, if your household has not yet received the e- Census letter, please e- mail the follo wing information to stat support1@gov.bm. A nd I will make that clear, Mr. Speaker. That is statsu pport1@gov.bm, using the subject e-Census password request to obtain your e- Census password. You will be required to give a full name, home address , and assessment number ( if known ). Mr. Speaker, if further assistance is needed, the public s hould call the e - Census Helpline at 297- 7761 —and I will repeat that, Mr. Speaker , 297-7761 —on weekdays between 10:00 am and 8:30 pm, or on weekends between 10:00 am and 3:00 pm. Mr. Speaker, this is indeed a national undertaking and requires the support of all residents. In this regard, I take this opportunity to thank all households who have completed their questionnaires and to r emind residents that participation in the 2016 Census is mandatory and, of course, is our civic duty. It should only take approx imately five to ten minutes per person to do so. Mr. Speaker, in closing, I wish to extend my sincere appreciation and thanks to the Director of the Department of Statistics, Ms. Melinda Williams , and her entire team of statisticians and the support staff, for their flexible approach to data collection and the process, in order to maximise customer satisfaction. Although it was not planned for, Mr. Speaker, staff have completed over 1,000 [telephone] interviews and approximately 375 in- person interviews. I will repeat that, Mr. Speaker. The staff have completed over 1,000 telephone interviews to date and approximately 375 in- person interviews. So if you call the department and the phone is not answered quickly, you know they are busy. I also wish to take this opportunity, Mr. Speaker, to thank the people of Bermuda for their support of this initiative of national importance, be-cause people do count. So the online version has been extended until July 13 th, and I ask everybody to take advantage of it. Thank you, Mr. Speaker. 2184 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly
The SpeakerThe SpeakerAll right. Thank you, Honourable Pr emier. We now move to the next Statement, and the Chair will recognise the Honourable Minister of F inance. Mr. E. T. Richards, you have the floor. FINANCE MINISTER’S VISIT TO EUROPE Hon. E. T. (Bob) Richards: Mr. Speaker, I am pleased to be …
All right. Thank you, Honourable Pr emier. We now move to the next Statement, and the Chair will recognise the Honourable Minister of F inance. Mr. E. T. Richards, you have the floor.
FINANCE MINISTER’S VISIT TO EUROPE
Hon. E. T. (Bob) Richards: Mr. Speaker, I am pleased to be able to inform the Honourable House of the highlights of my fourth visit to Brusse ls and Paris as Minister of F inance . I was accompanied by Mr. Alastair Sutton, Bermuda’s a dviso r in Brussels and part of our competent authority there. The main purpose of this visit was to consol idate and enhance Bermuda’s reputation, thereby strengthening Bermuda’s relations wit h the EU and its Member States, as well as with the OECD Secretariat , and diminishing the risk of action adverse to Ber-muda’s business interests.
European Commission
Hon. E. T. (Bob) Richards: In the European Commission, we met the Head of Cabinet of the UK, Commissioner Lord Hill; and the Head of Justice, Commissioner Jourov á; as well as Mark Gray, a senior official in the Directorate General (DG) of Justice and formerly an advisor for 10 years to Commission President Barroso. We also met with the EU Commi ssioner for Taxation, Mr. Pierre Moscovici, formerly French Finance Minister at the time of Bermuda’s blacklisting by France in August 2013. Mr. Speaker, the meeting with Mark Gray was informal , as he is a long- standing friend of Bermuda and provides helpful advice on a wide range of issues of direct and indirect concern to Bermuda. On this occasion, our meeting fell into two parts. First, Mr. Gray explained the current situation in the EU institutions as regards the Brexit iss ue, where the referendum on the UK EU membership took place yesterday. Secondly, as an official in the services of Commissioner Jourová , Mr. Gray briefed us on the key issues to be raised with the Cabinet of Jourová , especially on the 4 th Anti-Money Laundering Directive (AMLD) and the central register issue.
Meeting with the Cabinet of Commissioner Lord Hill
Hon. E. T. (Bob) Richards: Mr. Speaker, we met with Matthew Baldwin, Head of Cabinet, who was accompanied by Piotr Plizga, Policy Officer, Directorat eGeneral for F inancial Stability, Financial Services and Capital Markets Union ( DG FISMA). This was a r elaxed and positive meeting, not least because of the cordial meeting I already had with Commissioner Hill in June of last year . Mr. Baldwin clearly kne w Be r-muda well ( its constitutional situation and relations with the EU) , and therefore the main pur pose this time was to update him on current developments in Bermuda. Mr. Baldwin provided updates on the EU Audit Directive and Bermuda’s assessment under t he Alternative Investment Fund Managers Directive (AIFMD) for pas sporting purposes, noting that he expected positive outcomes in both areas. On the tax front, Mr. Baldwin noted that since my last visit a year ago, Bermuda had been removed from the Commi ssion’s—
[Inaudible interjections]
[Gavel]
Hon. E. T. (Bob) Richards: On the tax front, Mr. Baldwin noted that since my visit last year, Bermuda had been removed from the Commission’s list of noncompliant j urisdic tions . He said , however , that there was pressure on all tax authorities in the EU to i ncrease fiscal revenues and that the Commission’s external tax strategy was a response to this. In addition, the push for increased transparency in all areas — including through the use of central registers for id entifying ultimate beneficial owners of companies — reflected international concerns as expressed by the G20 and further driven by events such as LuxLeaks and the Panama Papers. In conclusion , I reiterated Bermuda’s post -war policy of attracting and develop ing a world- class i nsurance and reinsurance sector, which was a partner for insurers around the world, including in the EU.
Meeting with the Jourová Cabinet
Hon. E. T. (Bob) Richards: We met Isabelle Perignon, Member of Cabinet ; and Alexandra Jour - Schro eder, Head of Unit for Criminal Law in the Directorate General Jus tice. Commissioner Jourová was absent on that day because [she] was in China. Since this was the first meeting between the Bermuda Gov-ernment and the Jourová team, we out lined the Bermuda st ory, which I have given many times over there. Mr. Speaker, this was a cordial and cooper ative meeting, which provided an excellent basis for ongoing cooperation, not only on anti -money laundering issues, but on issues such as tax and the regul ation or supervision of financial services , where the Commission now increasingly adopts a comprehen-sive or holistic approach to good governance issues. It is potentially important to have the support , therefore, of Commissioner Jourová, her Cabinet , and DG Justice when Bermuda is being as sessed , for example, under the AIFMD project .
Bermuda House of Assembly Briefing for ABIR
Hon. E. T. (Bob) Richards: Mr. Speaker, during this visit, I met with ABIR members and the ABIR Secr etariat, who were in Brussels for their annual EU meeting on June 20th, and was able to brief attendees on the issues raised and the broad and largely positive outcomes of my meetings in Brussels. Mr. Speaker, my schedule on Wednesday was quite daunting, having to leave Brussels in the morning for Paris to meet Mr. Saint -Aman s, then back to Brussels for a meeting with Mr. Moscovici , then boarding the Eurostar to London for t he dinner with key stakeholders, all in the same day.
[Inaudible interjection]
Hon. E. T. (Bob) Richards: I do not like that particular comparison.
[Inaudible interjection]
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.
France —Meeting wi th Pascal Saint -Amans, Head of Tax Policy in the OECD Secretariat Hon. E. T. (Bob) Richards: In Paris, we met with Mr. Pascal Saint -Amans, Head of Taxation in the OECD Secretariat. Mr. Speaker, Mr. Amans w as accompanied by Maikel Evers, Counsellor -Coordinator for Base Erosion and Profit Shifting ( otherwise known as BEPS). This meeting was also, in a genuine sense, cordial and construc tive. Not only is Bermuda w ell known and well appreciated by the OECD and Global Forum as a result of its representation by Assistant Financial Secretary Wayne Brown, but this meeting built on the positive encounter between myself and Secretary General Gurr ía and Mr. Saint -Amans in June of last year . Once again, the value of consistent and constructive engagement was demonstrated. It was pleasi ng to note that Mr. Amans said repeatedly that, in the OECD’s eyes, Bermuda was (quote) “not the bad guy .” Time prevented more detailed discussion s. Nonetheless, this was a positive meeting, building on that of June 2015. Bermuda’s current reputation, both in the Global Forum and in the OECD itself, is riding high.
Meeting with EU Commissioner Pierre Moscovici —Back in Brussels
Hon. E. T. (Bob ) Richards: Mr. Speaker, Commi ssioner Moscovici was accompanied only by his Cabinet member for tax policy, Elena Scoppio. I took the opportunity in my first meeting with the former French Finance Minister, responsible for blacklisting Bermuda three years ago, to outline Bermuda’s first -class track record of compl iance in tax, anti -money laundering and, of course, financial regulation and supervision (referring to the recent Commission decision on equivalence under Solvency II). I also made it clear that Ber muda was not a brassplate jurisdiction and was home to relatively few holding companies. Even for these holding companies, I advised that the Bermuda central reg ister, which had existed for 70 years, was consistently updated, providing accurate inform ation on beneficial owners, which could be shared with other competent authorities and law enforcement agencies. Mr. Speaker, as far as continued dialogue is concerned, Mr. Moscovici made it clear that, before any step was taken to include any jurisdiction on any list, there would be a bilateral dialogue with the juri sdiction concerned. Mr. Moscovici formally confirmed that, unlike last year, there would in future be “ no surprises .” In a final exchange, we said that for the Commission to use rates of tax as a criterion for blacklisting and/or sanctions would be to cross the Rubicon. Without agree ing with this, Moscovici said that “we will not do that without the agreement of Member States” and that direct tax rates were (cur-rently) a matter of subsidiarity , or national competence, under the EU. The meeting ended amicably with phot ographs and a pleasant reference by Mr. Moscovici to his one visit to Bermuda over 40 years ago.
The London Dinner
Hon. E. T. (Bob) Richards: Following my visit to Europe, I was abl e to manage a brief stay in London before travelling back to Bermuda. During this time I hosted a pr ivate ministerial dinner. During the evening I provided an update on the state of Bermuda’s eco nomy, global tax and transparency issues, and the positive recognition of Bermuda at the recent anti - corruption summit in London. This was followed by a question- and-answer session. The dinner provided an excellent opportunity for me to have an informal engagement with key stakeholders and friends of Bermuda in the UK, which included, among others, former UK Treasury Minister Lord Sassoon. In conclusion, this visit was timely in two r espects. First, we were able to strengthen Bermuda’s already excellent relationship with the OECD and Global Forum. Sec ondly, however, coming days after the Commission’s surprise publication of a list erroneously containing Bermuda’s name, we were able to engage directly with the EU Commission at the highest level, as well as the European Parliament TAXE [Special Committee on Tax Rulings] Committee, with a view not only to informing them about Ber muda, but also laying the groundwork for getting Bermuda off the Commission’s list in the shortest possible time. 2186 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Mr. Speaker, in my view, the visit achieved its purpose, but continued engagement in the weeks and months ahead is vital, as the fact that Bermuda is a no-tax juri sdiction means that we are still on the EU radar as it relates to a common external policy on tax. Lastly, despite the UK’s membership in the EU, or the intended exit from t he EU, Bermuda has been routinely treated as a third country by the EU, meaning, for i nstance, Solvency II Equivalence has been granted to us in our own right —not related to Britain’s membership. Issues relating to taxation, anti - money laundering and trans parency all treat Bermuda as a third country already; therefore, there should be little change in these respects. However, it will be vital for Bermuda to continue its engagement to monitor events as they unfold. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. We now move to the final Ministerial Stat ement. The Chair will recognise the Minister for Educ ation. Minister Wayne Scott, you have the floor. BERMUDA COLLEGE —AUDITED FINANCIAL STATEMENTS 2013/14 Hon. R. Wayne Scott: Mr. Speaker, this morning I laid before this Honourable House the 2013/14 …
Thank you, Minister. We now move to the final Ministerial Stat ement. The Chair will recognise the Minister for Educ ation. Minister Wayne Scott, you have the floor.
BERMUDA COLLEGE —AUDITED FINANCIAL STATEMENTS 2013/14 Hon. R. Wayne Scott: Mr. Speaker, this morning I laid before this Honourable House the 2013/14 A udited Financial Statements for the Bermuda College , as stipulated by the Bermuda College Act 1974. Ho nourable Members may recall that in June last year, I informed this House that the College and the Office of the Auditor General were working diligently to bring the audited financial statements up to date. As s uch, I am pleased to share that the Financial Statements for the year ending March 31 st, 2014, are now completed. Mr. Speaker, the 2013/14 Audited Financial Statements were unqualified. Therefore, in the opinion of the Auditor General, the statements pres ent fairly the fina ncial position of Bermuda College, its perfor mance, and cash flows. The 2013/14 Financial Stat ements indicate that the Bermuda College has total assets worth $28,526,826 and total liabilities of $22,794,578. Additionally, the Bermuda Col lege has no long- term debt. Since there has been no major capital investment at Bermuda College, the capital assets continue to depreciate. However, cash and cash equivalents increased by 11 per cent in 2014 to $3,479,547. Mr. Speaker, the deferred revenue for the Bermuda College increased by 75 per cent as a result of the large number of students who pre- registered for summer and fall classes prior to March 31 st, 2014. However, commencing this year, 2016, the College opened registration for both the summer and fall terms on April 1st, to de crease the deferred revenue amount. During the year, the revenue earned from student fees decreased 14 per cent to $2,721,503, and overall revenue decreased by 3 per cent to $23,376,153. Similarly, expenses for the College also decreased by 3 per cent. As a result, the College ended the year with a surplus of $345,952. Mr. Speaker, last year the Department of I nternal Audit, at the request of the Bermuda College, undertook and completed a full internal audit review of its oper ational processes which led to improvements in its core functions. Additionally, due to the collabor ative efforts of the Bermuda College and the Office of the Auditor Gen eral in completing the financial stat ements, the College remains compliant with the finan-cial standards set by its accreditation, the New England Association of Schools and Col leges, Inc. Mr. Speaker, let me share or remind this House that the 2006 to 2009 financial statements for the Bermuda College were laid in this House back in July 2014, the 2010 to 2012 financial statements were laid in June last year, and today we have the 2013/14 statements. Well done to the team at the Bermuda College for the focused attention they have given to get this done over the last three years. The 2014/15 audit package is now with the Office of the Auditor General, and the College is currently preparing the audit package for the period ending March 31 st, 2016. Upon completion of the 2016 audit, the Bermuda Co llege will be current with all of its annual audits. Mr. Speaker, in closing, I thank the faculty and staff at the Bermuda College, under the leadership of President, Dr. Duranda Greene, for their support and conti nued commitment to deliver quality tertiary education with excellence to the broader community. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, thank you, Minister. That completes the Statements by Ministers and Junior Ministers. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerAll right. We now move i nto the Que stion Period. First we have written questions from W. H. Roban to the Premier. And you do have those? Look amongst your papers. [Inaudible interjection] The Clerk: You should have them. We prepared ev erything last evening. Check, please. [Inaudible interjection] …
The SpeakerThe SpeakerAll right. So MP Roban has those r esponses. Bermuda House of Assembly WRITTEN ANSWER QUESTION: BERMUDA POLICE SERVICE, MR. JOHN BRIGGS 1. Will the Honourable Minister please inform this Honourable House as to whether Mr. John Briggs is s till assisting the Bermuda P olice Service in a serious …
All right. So MP Roban has those r esponses.
Bermuda House of Assembly WRITTEN ANSWER
QUESTION: BERMUDA POLICE SERVICE, MR. JOHN BRIGGS
1. Will the Honourable Minister please inform this Honourable House as to whether Mr. John Briggs is s till assisting the Bermuda P olice Service in a serious crime i nvestigation?
2. Will the Honourable Minister please inform this Honourable House whether Mr. Briggs in Bermuda on a work permit and when was the work permit issued?
3. Will the Honourable Ministe r please inform this Honourable House if a permit issued has expired, or if it has been renewed, and if so, for how long?
The SpeakerThe SpeakerIn regard to the written response to MP J. S. Simmons, this matter has been deferred, and I think there has been correspondence between the Clerk and MP Simmons and Dr. Gibbons. So that is fine. Dr. the Hon. E. Grant Gibbons: Do I need to comment, Mr. Speaker?
The SpeakerThe SpeakerNot necessarily. We will just go on to them next week. We do have questions from W. L. Furbert, who is not here. Is there any other Member who wants to ask those questions? [Inaudible interjections ]
The SpeakerThe SpeakerDo you have them? On the top of the page, second down from the top of the page. Dr. the Honourable Gibbons. [Inaudible interjection] The Sp eaker: On the second page. And just two down, you will see Dr. the Honourable E. G. Gibbons to provide an oral response to …
Do you have them? On the top of the page, second down from the top of the page. Dr. the Honourable Gibbons.
[Inaudible interjection]
The Sp eaker: On the second page. And just two down, you will see Dr. the Honourable E. G. Gibbons to provide an oral response to parliamentary question from W. L. Fur bert. Do you see it? Okay.
QUESTION 1: LOUIS VUITTON AMERICA’S CUP EVENT
Hon. Zane J. S. De Si lva: Got it, Mr. Speaker; thank you. This question is for Dr. the Honourable Gibbons. Will the Honourable Minister please inform this Honourable House what was the total cost of each of the following entities attending the Louis Vui tton America’s Cup Event in New York on May 7th and 8th, 2016: a) The Bermuda Development Agency; b) The ACBDA; and c) The Bermuda Tourism Authority?
The SpeakerThe SpeakerYes, carry on. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, the answers are as follows: The total c ost by the Bermuda Business Development Agency was $27,721.83; the total cost by the ACBDA was $18,589.94; and with respect to the Bermuda Tourism Authority, Mr. Speaker, …
Yes, carry on. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, the answers are as follows: The total c ost by the Bermuda Business Development Agency was $27,721.83; the total cost by the ACBDA was $18,589.94; and with respect to the Bermuda Tourism Authority, Mr. Speaker, that does not fall u nder my responsibility. So I think I would just suggest that the Member —I guess Mr. Furbert in this case— should redirect those to the responsible Minister. Thank you.
The SpeakerThe SpeakerAll right. Thank you. So then, we will do that. We will ask that the Member direct that particular aspect of the question to the Minister, who would be Minister of Tourism. Dr. the Hon. E. Grant Gibbons: Either the Junior Minister, Mr. Speaker, or they could also do it …
All right. Thank you. So then, we will do that. We will ask that the Member direct that particular aspect of the question to the Minister, who would be Minister of Tourism.
Dr. the Hon. E. Grant Gibbons: Either the Junior Minister, Mr. Speaker, or they could also do it in the other place, as well, where they could get the substantive Minister. Thank you.
The SpeakerThe SpeakerThank you very much. The Clerk: So what are we doing?
The SpeakerThe SpeakerYes. We are asking that the question be asked of the Junior Minister or the Minister responsible for Tourism. The Clerk: So these are not going to be responded to?
The SpeakerThe SpeakerJust the BTA. He has answered t he first two questions. A and B have been answered. The Clerk: Okay. Okay.
The SpeakerThe SpeakerYes. Thank you. The Chair will now recognise the Honourable Member from constituency 13. D. V. S. Rabain, you have the floor. QUESTION 1: RENOVATION AT GOVERNMENT ADMINISTRATION BUILDING
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Mr. Speaker, would the Honourable Minister please advise this Honourable House what is to become of the space on the top floor of the Government Administration Building, which used t o house the go vernment cafeteria?
The SpeakerThe SpeakerMinister. 2188 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly Hon. L. Craig Cannonier: Thank you, Mr. Speaker. That space is to be earmarked for office space for Government.
Mr. Diallo V. S. RabainCan the Honourable Minister tell us what type of office will be installed there?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. It has been earmarked for government office. What type of offic e? I cannot really say what type of office. But it is earmarked for government office space.
The SpeakerThe SpeakerThank you. Yes, supplementary, MP De Silva. SUPPLEMENTARY Hon. Zane J. S. De Silva: Thank you. Thank you, Mr. Speaker. Minister, you say it has been allocated for office space. Can you tell us if you have decided or made a decision on who is going to occupy that space …
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Certainly. Thank you, Mr. Speaker. There have been di scussions on the final use of that space. But, no, we have not made that final decision.
The SpeakerThe SpeakerHonourable Member, just wait until the . . . just sit down and wait until the Honourable Mini ster finished his answer. Then we stand up. All right. The Chair will recognise the Learned Member from constituency 36. MP Michael Scott, yes. SUPPLEMENTARY Hon. Michael J. Scott: Thank you, Mr. …
Honourable Member, just wait until the . . . just sit down and wait until the Honourable Mini ster finished his answer. Then we stand up. All right. The Chair will recognise the Learned Member from constituency 36. MP Michael Scott, yes.
SUPPLEMENTARY
Hon. Michael J. Scott: Thank you, Mr. Speaker. Minister, will you confirm to the House information which we have that these office spaces are being made f or the purposes of the Minister with r esponsibility for Tourism? Can you confirm or deny that?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Certainly. As I said already, discussions have been had. But the final dec ision has not been made on this office space.
The SpeakerThe SpeakerThank you. Yes, MP Rabain, you have another suppl ementary? SUPPLEMENTARY
Mr. Diallo V. S. RabainSupplementary. Can the Minister confirm that an application to the Department of Planning was made and approved to renovate these of fices in the name of the Minister responsible for Tourism?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Okay. Is that a supplementary, because we are moving kind of, leaking into the . . .
The SpeakerThe SpeakerIt is a question you should answer, Honourable Minister. Hon. L. Craig Cannonier: Okay. All right. Well, as far as the Planning Department, we just got approval from Planning Department. I believe it was in the last couple of days, for the area, for office space. But I think it …
It is a question you should answer, Honourable Minister. Hon. L. Craig Cannonier: Okay. All right. Well, as far as the Planning Department, we just got approval from Planning Department. I believe it was in the last couple of days, for the area, for office space. But I think it is important to unders tand that this space has always been earmarked for transitional office space. So as I mentioned earlier, discussions have been had about who and where would be the time frame that a Ministry might possibly be moving there, or a particular department. But t hat final dec ision has not been made.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member D. Lister, from constituency 35. Yes. SUPPLEMENTARY Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I appreciated the response that the Minist er just gave with reference to the last question. I am going to restate the question, because it was …
The Chair will recognise the Honourable Member D. Lister, from constituency 35. Yes.
SUPPLEMENTARY
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I appreciated the response that the Minist er just gave with reference to the last question. I am going to restate the question, because it was a direct question, Mr. Speaker. The question simply was, Can the Minister confirm that the application that was received by Planning was submitted by a particular office or person who is going to develop it? That person or that office, that agent, was in the name of the Ministry of Transportation. That is the question that was asked. Was the application that Planning received . . . can the Minister confirm that it was in the name of the Mi nistry of Transportation or the Minister of Transport ation?
Bermuda House of Assembly The Speaker: Minister.
Hon. L. Craig Cannonier: Thank you. Thank you for that clarification. No, I do not know that for sure. I know that the Estates Department did send through approval for Planning, permission for that space. It would be E states that would do that. It would not be a Ministry sending through plans on a space. That is not how the system works. It would be Estates that would do that. And I am sure that Honourable Members on that side would know that. They have worked in this Ministry before.
The SpeakerThe SpeakerYou have already had your supplementaries, sir. Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerThe Chair will recognise MP De Silva, yes. SUPPLEMENTARY Hon. Zane J. S. De Silva: Minister, you said that you have had discussions on possible Ministers or de-partment s that might go in that space. Can you give us the short list that you are considering?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Certainly. As you would know, we had ministerial changes not too long ago. And based on those changes, we have three different ministries that we were looking at. Those were Tourism, Immigration, and also the Environment and Home Affairs.
Ms. Lovitta F. FoggoYes. Minister, can you confirm that it was the Ministry of Public Works, an agent for the Ministry of Public Works, that submitted the r equest? [Inaudible interjection]
Ms. Lovitta F. FoggoOkay. I am sorry. I was talking with my Member at the time. I did not hear. I apol ogise, Minister.
Ms. Lovitta F. FoggoI apologise, Minister. Okay. So thank you for answering that question ahead of time.
The SpeakerThe SpeakerThank you, Honourable Members. MP Ra bain. QUESTION 2: RENOVATION AT GOVERNMENT ADMINISTRATION BUILDING
Mr. Diallo V. S. RabainSecond question. Would the Honourable Minister please inform this Honourable House of the total cost of these renovations? Hon. L. Craig Cannonier: Thank you, Mr. Speaker. It would be preliminary and not advisable for me to give that cost at this time, because the work will be tendered out. And …
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY
Mr. Diallo V. S. RabainFor any work to be done for the Ministry of Works and Engineering, a cost code and cost centre must be assigned to it. Plus, there are planning fees that are assigned. Work was done to develop drawings submitted by the Department of Works —
Mr. Diallo V. S. RabainWhat was the cost, so far, to develop the plans needed? Some Hon. Member s: “So far.” You never said “so far.”
The SpeakerThe SpeakerThank you. Yes, Minister. Hon. L. Craig Cannonier: Yes, I do not have that answer. Again, any costs that I would put out there would potentially prejudice the tender that will go out. So it is important for us to hold onto that information until the tender goes out. I …
Thank you. Yes, Minister. Hon. L. Craig Cannonier: Yes, I do not have that answer. Again, any costs that I would put out there would potentially prejudice the tender that will go out. So it is important for us to hold onto that information until the tender goes out. I can certainly make that information availabl e to the Honourable Member if he wishes, when the tender goes out. We just do not want that out in the public. 2190 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Member from constituency 5, D. V. Burgess. SUPPLEMENTARY Hon. Derrick V. Burg ess, Sr.: Yes, Mr. Speaker. What is the total approved funding for that project?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Yes. I can get back to you on that. I do not have that.
The SpeakerThe SpeakerTotal approved funding you asked, was it? Hon. Derric k V. Burgess, Sr.: Yes, total approved funding. The Clerk: TAF.
The SpeakerThe SpeakerOkay. And you will get back. Hon. L. Craig Cannonier: Yes. I can get back.
The SpeakerThe SpeakerOkay. Yes, MP Rabain. You have a supplementary again?
The SpeakerThe SpeakerYour question 3, yes. QUESTION 3: RENOVATION AT GOVERNMENT ADMINISTRATION BUILDING
Mr. Diallo V. S. RabainThird question. Would the Honourable Minister please explain to this Honourable House what was the original intended use of this space when the cafeteria was closed?
The SpeakerThe SpeakerOriginal intended use? Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. L. Craig Cannonier: I have already answered that as well, but I will repeat it. It was always inten ded for transitional space for office space. As many of the Honourable Members would know, we have been seeking to lessen the amount, of the rents that we put …
Yes.
Hon. L. Craig Cannonier: I have already answered that as well, but I will repeat it. It was always inten ded for transitional space for office space. As many of the Honourable Members would know, we have been seeking to lessen the amount, of the rents that we put out to the private sector for our office space. If you recall, in the Budget of 2011/12, we were spending about $15 million in the private sector for office space outside of government. We are now spending at a point of $9.4 million, and we will co ntinue to look at opportunities to move our people out of the private office space into our own office space. That is the d irection we are going.
The SpeakerThe SpeakerThank you. Yes, you have a supplementary? Hon. Michael J. Scott: Thank you, sir.
The SpeakerThe SpeakerThe Learned Member from constit uency 35, MP Michael Scott. SUPPLEMENTARY Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, will the Minister kindly confirm to this House when the decision was taken to change the use of the café, the government café, from that use to the use …
The Learned Member from constit uency 35, MP Michael Scott.
SUPPLEMENTARY
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, will the Minister kindly confirm to this House when the decision was taken to change the use of the café, the government café, from that use to the use for offices?
Hon. L. Craig Cannonier: Yes. I believe it was in 2012 that that had taken place. I do not know the ex-act date, but I believe it was in 2012. The cafeteria had already shut down. It was empty in 2012.
The SpeakerThe SpeakerThank you, Minister. All right. Thank you, Honourable Members. We now move to the next set of questions, from the Member from constituency 29, MP Z. J. De Silva. You have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, these questions are for the …
The SpeakerThe SpeakerYes. QUESTION 1: GAMING COMMISSION Hon. Zane J. S. De Silva: Will the Junior Minister please inform this Honourable House as to the amount the Gaming Commission has spent on all travel since its inception, to date, including the cost of airfare, food, transport, and ac commodations?
The SpeakerThe SpeakerYes. Junior Minister Bascome. Hon. Kenneth (Kenny) Bascome: Good morning,
Mr. Speaker.
The SpeakerGood morning. Hon. Kenneth (Kenny) Bascome: Thank you, sir. In answer to those questions, airfare to this date, Mr. Speaker, is $23,926. Accommodations to this date, Mr. Speaker, is $21,227. Meals to this date, Bermuda House of Assembly Mr. Speaker, is $2,503. And ground transportation is $2,003, a grand total …
The SpeakerThe SpeakerThank you, Junior Minister. Yes, MP De Silva. Hon. Zan e J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes, yes. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Mr. Speaker, Minister, when Richard Schuetz . . . the reason for hiring him was because of his vast experience in the industry. Why has such an extensive travel schedule been necessary? Hon. Kenneth (Kenny) Bascome: Mr. Speaker, you would be …
Yes, yes.
SUPPLEMENTARIES
Hon. Zane J. S. De Silva: Mr. Speaker, Minister, when Richard Schuetz . . . the reason for hiring him was because of his vast experience in the industry. Why has such an extensive travel schedule been necessary?
Hon. Kenneth (Kenny) Bascome: Mr. Speaker, you would be aware that this is an ongoing process. The Honourable Member will be aware that at this partic ular time, there are costs that possibly will arise, and at the appropriate time, this Honourable House will be informed.
The SpeakerThe SpeakerYes, MP De Silva. Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes, sir. Hon. Zane J. S. De Silva: Junior Minister, can you tell us why Mr. Schuetz invited Caesars to Bermuda to set up business? Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time I do not have the answer to that particular question. I will seek the information, …
The SpeakerThe SpeakerThank yo u, Junior Minister. Yes. The Chair will recognise the Member from constituency 21. You have a supplementary? SUPPLEMENTARY
Mr. Rolfe CommissiongYes, sir. Thank you, Mr. Speaker. To the Junior Minister, in light of the fact that Mr. Schuetz has worked extensively in the Las Vegas - based industry and with respect to Caesars, the question about Caesars, does that not invoke potential conflicts of interest, bearing in mind that Caesars …
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time, I will answer once again that at this particular time I am not privy to that particular i nformation. However, I will deign to seek the relevant answers so that the Honourable Members wil l be informed, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTA RY Hon. Derrick V. Burgess, Sr.: Is the Junior Minister aware that Mr. Schuetz’s wife was part of Caesars team that visited Bermuda?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time, I cannot answer that question with authority, and I will seek that information also to make the Honour able Member aware.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 25, the Learned Member, MP Pettingill.
Mr. Mark J. PettingillWe must decide whether that is a f act or not . I would like to know whether the Honourable Junior Minister thinks that it is appropriate and correct that the Commission, in any form, should be seeking business for operators in Bermuda.
The SpeakerThe SpeakerYes, Junior Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time — [Laughter]
The SpeakerThe SpeakerLet us not have this, Honourable Members. Carry on. 2192 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly Hon. Kenneth (Kenny) Bascome: At this particular time, Mr. Speaker, I am not able to answer that question with any authority. So once again I will say I will …
Let us not have this, Honourable Members. Carry on.
2192 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Hon. Kenneth (Kenny) Bascome: At this particular time, Mr. Speaker, I am not able to answer that question with any authority. So once again I will say I will seek the relevant information and make the Members aware at the appropriate time.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Member. MP Z. J. De Silva, your second question. QUESTION 2: GAMING COMMISSION Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Will the Junior Minister please explain to this Honour able House when the training programme for Bermudians to work in the …
All right. Thank you. Thank you, Member. MP Z. J. De Silva, your second question.
QUESTION 2: GAMING COMMISSION
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Will the Junior Minister please explain to this Honour able House when the training programme for Bermudians to work in the casino industry will begin, and how will this training be funded?
The S peaker: Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I would ask that that Member please pose that question . . .
The SpeakerThe SpeakerYou have the question in front of you, Honourable Member. Hon. Kenneth (Kenny) Bascome: The Commission has formed an ad hoc committee, Mr. Speaker, to develop a strategic plan, including time frames to best maximise the Island’s abi lity to utilise Bermudians within the development, integrated resort, casino i ndustry. …
You have the question in front of you, Honourable Member.
Hon. Kenneth (Kenny) Bascome: The Commission has formed an ad hoc committee, Mr. Speaker, to develop a strategic plan, including time frames to best maximise the Island’s abi lity to utilise Bermudians within the development, integrated resort, casino i ndustry. This committee includes Dr. Duranda Greene, President of the Bermuda Col lege; Dr. Mark Van den Hende, VP, Academic and Student Affairs, Bermuda College; Malika Cartwright, Director of the Bermuda Hospitality Institute; Julia Grant, CFO of the Bermuda Casino Gaming Commission; Judith Hall -Bean, Commissioner for the Bermuda Casino Gaming Commi ssion; and Richard Schuetz, Executive Director of the Bermuda Casino Gaming Commis sion.
The SpeakerThe SpeakerYes. The Chair will recognise the Honourable Member from constituency 21. SUPPLEMENTARY
Mr. Rolfe CommissiongThank you again, Mr. Speaker. Will the Junior Minister be able to provide some sort of timeline by which we can hope to se e Bermudians trained, considering that . . . for example, by 2018, for ex ample?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Yes, Mr. Speaker. It is envisioned that before any casino gaming l icences are actually awarded, funding will have been provided by the i ndustry for training for Bermudians by way of a specific fee allotted under the forthcoming Regulations, Mr. Speaker.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 15. MP Roban, you have the floor. SUPPLEMEN TARY
Mr. Walter H. RobanThank you, Mr. Speaker. Mr. Speaker, can the Junior Minister perhaps give us some insight as to the numbers of Bermudians who might be needed to be trained to at least begin to staff, with Bermudians, any [future] casino? Or at least, will he be able to tell us what …
Thank you, Mr. Speaker. Mr. Speaker, can the Junior Minister perhaps give us some insight as to the numbers of Bermudians who might be needed to be trained to at least begin to staff, with Bermudians, any [future] casino? Or at least, will he be able to tell us what types of jobs have been identified that will be [available] at this point, as they look into job oppor tunities for Bermudians in a future casino industry?
The SpeakerThe SpeakerYes. Carry on, Minister. Hon. Kenneth (Kenny) B ascome: Mr. Speaker, at this particular time, there are no confirmed numbers for what the actual number will be for Bermudians seeking positions in this particular industry, seeing that it is a new industry that is being introduced to Bermuda, Mr. Speaker. …
Yes. Carry on, Minister. Hon. Kenneth (Kenny) B ascome: Mr. Speaker, at this particular time, there are no confirmed numbers for what the actual number will be for Bermudians seeking positions in this particular industry, seeing that it is a new industry that is being introduced to Bermuda, Mr. Speaker. There are no numbers that have been basically affixed to this partic ular industry,
Mr. Speaker.
The SpeakerYes. The Chair will recognise the Honourable Member from constituency 35. That is MP D. P. Lister. SUPPLEMENTARY Hon. Dennis P. Lister: Thank y ou, Mr. Speaker. Mr. Speaker, my supplementary is in reference to the answers that the Minister gave prior to that last answer. And my interpretation of …
Yes. The Chair will recognise the Honourable Member from constituency 35. That is MP D. P. Lister.
SUPPLEMENTARY
Hon. Dennis P. Lister: Thank y ou, Mr. Speaker. Mr. Speaker, my supplementary is in reference to the answers that the Minister gave prior to that last answer. And my interpretation of what he said (and I stand to be corrected) is that the employment and training of Bermudians would tak e place before any licences were granted. Is that correct? Correct. The Minister confirms that. The question now, Mr. Speaker, is that I would have thought that once we identified who the casino operators were, part of the training would come with that pe rson who holds the contract. If this is how I want my team trained, it is how I will have my oper ation run. So I would have thought that the proper pr ocedure, Mr. Speaker, and my question to the Minister is, How can we be training persons if we do not know who the casino operator will be [so we can] train them to suit the style of their operation?
The SpeakerThe SpeakerThank you. Minister. Bermuda House of Assembly Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I will emphasise once again. I am new to this position. I have had the opportunity on a few occasions to sit with the Minister. And as I grow into this position, Mr. Speaker, those Honourable Members …
Thank you. Minister.
Bermuda House of Assembly Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I will emphasise once again. I am new to this position. I have had the opportunity on a few occasions to sit with the Minister. And as I grow into this position, Mr. Speaker, those Honourable Members will be made aware, and they will have all of the answers that they are seeking, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Honourable Learned Member from constituency 34, MP Kim Wi lson. SUPPLEMENTARY
Ms. Kim N. WilsonThank you, Mr. Speaker. Mr. Speaker, this is with respect to the last question concerning the number of jobs and the amount of training. Would the Junior Minister apprec iate that Mr. Schuetz has indicated as recently as within a month that there will be over 1,000 jobs needed for …
Thank you, Mr. Speaker. Mr. Speaker, this is with respect to the last question concerning the number of jobs and the amount of training. Would the Junior Minister apprec iate that Mr. Schuetz has indicated as recently as within a month that there will be over 1,000 jobs needed for this industry? How does the Junior Mini ster distinguish between that statement and the stat ement that he just gave in the House indicating he had no knowledge of how many jobs would be necessary?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, the commission is working with the Workforce Develop-ment Agency and the National Training Board at thi s particular time to assist any fellow Bermudians who would be looking to work in the new gaming industry.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will recognise the Minister for Home Affairs. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, just by way of further explan ation, it is important to understand—
The SpeakerThe SpeakerDo you have a question? Hon. Patricia J. Gordon -Pamplin: No, a supplementary. Well, I guess . . .
The SpeakerThe SpeakerThat is a supplementary question. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Yes, a suppl ementary question. Mr. Speaker, is it possible that the Honourable Members of the House will appreciate —
The SpeakerThe SpeakerThe question should be going to the Honourable Junior Minister. Hon. Patric ia J. Gordon -Pamplin: Yes. I will put a supplementary to the Junior Minister to say, Minister, would you be able to have Honourable Members appreciate, is it fair for you to share with Honourable Members that within …
The question should be going to the Honourable Junior Minister. Hon. Patric ia J. Gordon -Pamplin: Yes. I will put a supplementary to the Junior Minister to say, Minister, would you be able to have Honourable Members appreciate, is it fair for you to share with Honourable Members that within the industry there are two levels of training, one of which would be general training for understanding of the industry by workers; and the second level being specific to the entities that might have licences to determine how their organisations ought to be run?
The SpeakerThe SpeakerYes. Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I would say yes to that Honourable Member, basically. Yes. Thank you.
The SpeakerThe SpeakerThank you. The Chair will recognise now MP De Silva. Hon. Zane J. S. De Silva: Yes, Mr. Speaker, thank you. My first supplementary , Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Zane J. S. De Silva: Minister, Mr. Schuetz said on May 30 th in his podcast on Bernews , that, training is a pipe dream without funding through taxation. With that stat ement made and your previous statem ent [saying that] training is on the way, can …
Yes.
SUPPLEMENTARY
Hon. Zane J. S. De Silva: Minister, Mr. Schuetz said on May 30 th in his podcast on Bernews , that, training is a pipe dream without funding through taxation. With that stat ement made and your previous statem ent [saying that] training is on the way, can you tell this Honourable House and the people of Bermuda if you agree with that statement? And if you do, where is the funding going to come from for training?
The SpeakerThe SpeakerYes, Minister. Hon. Kenneth (Kenny ) Bascome: Mr. Speaker, you will be aware that the Bermuda Tourism Authority is in place, working with the Bermuda Tourism Depar tment, with the de velopers of any casino that is issued [a licence], and the funding will be in place to train Bermudians.
The SpeakerThe SpeakerYes. The Chair will recognise MP D. V. Burgess. SUPPLEMENTARY Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker. To the Junior Minister, in light of the support and approval that you helped give to Pink Beach in bringing in 50 per cent [foreign] workers to staff that property, …
Yes. The Chair will recognise MP D. V. Burgess.
SUPPLEMENTARY
Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker. To the Junior Minister, in light of the support and approval that you helped give to Pink Beach in bringing in 50 per cent [foreign] workers to staff that property, will this same procedure occur with casinos? Will you allow them to bring in foreigners to work in casinos, over Bermudians? 2194 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular ti me, that is not the plan. It is envisioned that this is a new industry, and our fellow Bermudians will be given first preference to the jobs in any casino in Bermuda.
The SpeakerThe SpeakerThank you. Thank you. Thank you, Minister. All right. Thank you. MP De Sil va. SUPPLEMENTARY Hon. Zane J. S. De Silva: My second supplementary,
Mr. Speaker.
The SpeakerYes. Hon. Zane J. S. De Silva: Mr. Speaker, also in that May 30th podcast , Mr. Schuetz stated that he had r eceived 11 applications, Junior Minister. And we k now that every appl ication has to be accompanied by a $50,000 non- refundable deposit. Can you confirm that …
Yes. Hon. Zane J. S. De Silva: Mr. Speaker, also in that May 30th podcast , Mr. Schuetz stated that he had r eceived 11 applications, Junior Minister. And we k now that every appl ication has to be accompanied by a $50,000 non- refundable deposit. Can you confirm that these monies have been received by the Gaming Commission? You just said that the funding will come from the Tourism Authority. Can you tell us what t hat $550,000 will be used for by the Gaming Commi ssion?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time, I am not in possession of that particular information. But once again, I will state that I will seek that pa rticular information so that the Honourable Member will have the relevant information at his disposal. Thank you, Mr. …
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise MP Roban. SUPPLEMENTARY
Mr. Walter H. RobanMr. Speaker, as per the Stan ding Order rule, will the Honourable Member seek to bring answers to all the questions he seemingly has had no answers to this House so that all Members can have the benefit of the answers, and not just one individual Member? Per Standing rules, …
The SpeakerThe SpeakerHonourable Member. . . Carry on, Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I will undertake to seek that information.
The SpeakerThe SpeakerI think he said that. So that is fine. Hon. Kenneth (Kenny) Bascome: I said that already. Yes, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you. Yes. SUPPLEMENTARY
Mr. Rolfe CommissiongThank you, Mr. Speaker. Junior Minister, did you consult with the Mini ster and your technical officers upon receiving these questions so you would be able to provide the neces-sary answers to this House?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: To an extent, yes, Mr. Speaker, but not thoroughly to what is being pr oposed at this particular time. And as I said previously, Mr. Speaker, as time goes by, those Honourable Members will have the opportunity to have all of the relevant information.
The SpeakerThe SpeakerAll right. Thank you, Minister. MP De Silva. Hon. Zane J. S. De Silva: Wow, Mr. Speaker.
The SpeakerThe SpeakerYou have your third question? QUEST ION 3: GAMING COMMISSION Hon. Zane J. S. De Silva: Yes, I will ask my third question, and I will hope for the best. Junior Minister, will you please inform this Honourable House when the amendments to the C asino Gaming Act 2014 and …
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, it is envisioned that the amendments to the Gaming Commission Act and accompanying Regulations will be brought before this House as soon as practically possible.
The SpeakerThe SpeakerAll right. Thank you, Minister. MP De Silva. Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Zane J. S. De Silva: That said, Minister, the former Minister Crockwell stated in February last year Bermuda House of Assembly that he would be tabling . . .the amendments had been made by his commission. In February this year, he said the amendments had been made. …
Yes.
SUPPLEMENTARIES
Hon. Zane J. S. De Silva: That said, Minister, the former Minister Crockwell stated in February last year
Bermuda House of Assembly that he would be tabling . . .the amendments had been made by his commission. In February this year, he said the amendments had been made. Reco mmendations were put forward. And they would be brought here, in his words, expeditiously as possible. Would the J unior Minister agree that because the OBA have had three Ministers in the last four months, that this has obviously stalled the amendments being brought before this House, and therefore, cons equently, jobs are not being created for Bermudians?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time, I am going to state once again, when the relevant information is in hand, the Honourable Members will be made aware.
The SpeakerThe SpeakerAll right. Thank you, Minister. MP De Silva . Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: Mr. Speaker, the former Minister Crockwell said that the . . . the Honourable Junior Minister just said when they are in hand. Well, it was reported to t his House on February 26th this year by former Minister Crockwell that the amendments …
Yes.
Hon. Zane J. S. De Silva: Mr. Speaker, the former Minister Crockwell said that the . . . the Honourable Junior Minister just said when they are in hand. Well, it was reported to t his House on February 26th this year by former Minister Crockwell that the amendments and recommendations had been received. So, Junior Minister, I again ask, when will those amendments be put before this House? It is now three and a half months down the r oad.
The SpeakerThe SpeakerYes, Minister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, when the relevant information is complete, these Honourable Members will be made aware and they will have it in hand so that they will be able to go forward in the appropriate ma nner.
Mr. Jamahl S. SimmonsWould the Honourable Ju nior Minister inform this House if he has been involved with any discussions with the Gaming Commission body in terms of the timeline and progress, going ahead?
The SpeakerThe SpeakerHonourable Member, the Honourable Minister has seemingly given [all the] answers that he can give. And so, I thi nk that . . . yes.
Mr. Jamahl S. SimmonsMr. Speaker, I am just as king if he has been involved in any of the discussions. I think he is capable of answering that. If he has not, then—
The SpeakerThe SpeakerGo ahead, MP Bascome. Hon. Kenneth (Kenny) Bascome: At this particular time, Mr. Speaker, just preliminarily, I have not been involved in any in- depth discussions. And as I stated, at the appropr iate time the Members will be made aware.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Minister. Honourable Member, I think we have had enough of this discussion. I think it has been . . . I will give you one more question, MP Wilson, because we are not getting anywhere further than we are going to get. So …
Ms. Kim N. WilsonThank you, Mr. Speaker. Would the Honourable Junior Minister, as a Member of Parliament, recognising that we tabled the Gaming Act in 2014, be concerned that the accompanying Regul ations, the absence of the accompanying Regul ations may cause a reputational risk to Bermuda in that the Regulations were to …
Thank you, Mr. Speaker. Would the Honourable Junior Minister, as a Member of Parliament, recognising that we tabled the Gaming Act in 2014, be concerned that the accompanying Regul ations, the absence of the accompanying Regul ations may cause a reputational risk to Bermuda in that the Regulations were to set out the parameters with respect to the mon ies received for the gaming application? I can rephrase that, because I think . . . I will rephrase that.
[Inaudible interjection]
Ms. Kim N. WilsonAs a Member of Parliament who would have been present when we passed the Gaming Bill, I wonder if the Junior Minister can comment or answer this question as to whether he feels that the absence of the Regulations could cause a reputat ional risk to Bermuda in that the …
As a Member of Parliament who would have been present when we passed the Gaming Bill, I wonder if the Junior Minister can comment or answer this question as to whether he feels that the absence of the Regulations could cause a reputat ional risk to Bermuda in that the Regulations themselves were to set out the param eters as to the application process, where the monies would be deposited to, et cetera? So in short, Mr. Speaker, my question is, [considering] the reputational risk to Ber muda, is that not a concern to you as a Junior Minister, recognising that we have no Regulations in Bermuda that will di ctate where that money goes to in respect to the $550,000 for the 11 applications?
The SpeakerThe SpeakerAll right. Thank you. Thank you. 2196 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly
The SpeakerThe SpeakerJunior Minister. Hon. Kenneth (Kenny) Bascome: I would say no at this particular time, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 33. MP J. S. Simmons, you have questions for the Honourable K. L. Bascome. QUESTION 1: BERMUDA TOURISM AUTHORITY CEO
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. Will the Honourable Junior Minister please inform this Honourable Hous e of the amount, if any, that will be paid to Mr. Bill Hanbury at the conclusion of his contract as CEO of the BTA outside of his sa lary?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time, the Ministry can confirm that no payment will be made to Mr. Hanbury beyond those which he has con tractual entitlement to.
The SpeakerThe SpeakerThank you. Hon. Kenneth (Kenny) Bascome: Mr. Hanbury’s contractual entitlement includes a discretionary performance incentive for the final year of his contract. However, the board has yet to determine what the amount of that incentive should be, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. Supplementary, Honourable Member?
Mr. Jamahl S. SimmonsWhat is the criteria for the discretionary performance incentive?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: At this particular time, Mr. Speaker, it was envisioned that that performance would be tied to the visitors’ arrivals to the Island of Bermuda.
The SpeakerThe SpeakerThank you. All right. Yes, MP Simmons.
Mr. Jamahl S. SimmonsWould the Honourable Ju nior Minister inform this House, what specific number, if any, was given for air arrivals to, and incorporated into the criteria for the discretionary incentive perfor mance?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: At this particular time, Mr. Speaker, there were no specif ic numbers that were allotted for those incentives to be looked upon.
The SpeakerThe SpeakerThank you. The Chair will recognise the MP De Silva. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, the Junior Minister just stated that, I believe, the board are considering when and how much the performance incentive package will be. Can the Junior Minister tell …
Thank you. The Chair will recognise the MP De Silva.
SUPPLEMENTARIES
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, the Junior Minister just stated that, I believe, the board are considering when and how much the performance incentive package will be. Can the Junior Minister tell us what the deadline is for them to make that decision?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, at this particular time, I am not in a position to say what specific time frame has been allotted to that particular incentive.
The SpeakerThe SpeakerAll right. Thank you. Yes, MP De Silva. Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: Junior Minister, can you tell us when Mr. Hanbury’s contract is complete and he is expected to leave the Island? Hon. Kenneth (Kenny) Bascome: Mr. Hanbury’s contract . . . he is expected to be finished by the end of this physical year, …
The SpeakerThe SpeakerThank you. [Inaudible interjections ] Bermuda House of Assembly Hon. Kenneth (Kenny) Bascome: The end of this ensuing year, Mr. Speaker, the calendar year, yes,
Mr. Speaker.
The SpeakerAll right. Thank you. MP Lister. SUPPLEMENTARY Hon. Denni s P. Lister: Thank you, Mr. Speaker. My supplementary, Mr. Speaker, goes back to the Minister’s previous answer in reference to the fact that he indicated that there was no number set as an incentive. I just need the clarification: Would …
All right. Thank you. MP Lister.
SUPPLEMENTARY
Hon. Denni s P. Lister: Thank you, Mr. Speaker. My supplementary, Mr. Speaker, goes back to the Minister’s previous answer in reference to the fact that he indicated that there was no number set as an incentive. I just need the clarification: Would it be correct, th en, based on that, to say that there were no targets ever set for the increase in tourist arrivals as an incentive for paying the CEO? Is that correct, would you say, Minister?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, it was the belief and still is the belief that Mr. Hanbury, with the expertise that he brought to the table, that the numbers of vis itors visiting our Island would increase. The Speake r: All right. Thank you. Thank you, Honourable Member. …
Mr. Walter H. RobanSupplementary. Can the Honourable Junior Minister inform us if the process for identifying Mr. Hanbury’s successor has started?
The SpeakerThe SpeakerThat is another, that is another . . . All right. MP Simmons.
The SpeakerThe SpeakerThat question is on the Order Paper. QUESTION 2: BERMUDA TOURISM AUTHORITY CEO
Mr. Jamahl S. SimmonsI would encourage the Honourable Premier to please calm himself. I know yesterday was depressing. Will the Junior Minister, the Honourable Junior Minister please explain to this Honourable House, what is the succession plan to identify a successor to the outgoing CEO of the BTA?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Ken ny) Bascome: Mr. Speaker, in accordance with section 6 of the Bermuda Tourism Authority Act 2013, the Board shall consult with the Minister in appoint ing a Chief Executive Officer.
The SpeakerThe SpeakerYes, MP Simmons. SUPPLEMENTARY
Mr. Jamahl S. SimmonsWill the Honourable Mini ster be involved in that process at all? Will the Honour-able Minister be involved in that process at all?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: At this particular time, Mr. Speaker, it is envisioned that I will be i nvolved in that particular discussion.
The SpeakerThe SpeakerThank you. The Chair will recognise the Learned Member from constituency 34, MP Wilson. SUPPLEMENTARY
Ms. Kim N. WilsonThank y ou, Mr. Speaker, and I appreciate the Junior Minister’s reminding us what section 6 of the legislation contains, which we were all here present when it passed. But I wonder if the Junior Minister would assist us by explaining, what is the succession plan, not the fact that …
Thank y ou, Mr. Speaker, and I appreciate the Junior Minister’s reminding us what section 6 of the legislation contains, which we were all here present when it passed. But I wonder if the Junior Minister would assist us by explaining, what is the succession plan, not the fact that the Minister has to consult, as per section 6, but what is the plan for succession insofar as hiring a CEO of the BTA?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, among the many qualifications of this candidate, the candidate must hold suitable qualifications and exper-tise in manage ment, finance, and the travel and tourism sector.
An Hon. Member An Hon. MemberThose are the qualifications, not the plan. Hon. Kenneth (Kenny) Bascome: No, no. Against this backdrop, the Ministry can confirm that the succession plan to identify a successor to the outgoing CEO of the BTA is as follows: A request for proposals was publicly posted for a professional search firm …
Those are the qualifications, not the plan. Hon. Kenneth (Kenny) Bascome: No, no. Against this backdrop, the Ministry can confirm that the succession plan to identify a successor to the outgoing CEO of the BTA is as follows: A request for proposals was publicly posted for a professional search firm to assist the board in this process.
2198 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly The Speaker: All right. Thank you. Thank you, Honourable Member. MP Simmons.
SUPPLEMENTARIES
Mr. Jamahl S. SimmonsWho was the professional search agency which was selected by the BTA, Mr. Speaker?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: At this particular time, Mr. Speaker, there are five firms that have sub-mitted applications to this parti cular request, and no firm at this stage has been selected.
Mr. Jamahl S. SimmonsSupplementary. When does the Honourable Junior Minister — perhaps he said it earlier, say that one had been s elected. Could he please clarify that?
The SpeakerThe SpeakerMinister. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I did not say that. I said it is an ongoing process that would be looked into, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member.
The SpeakerThe SpeakerNo. You have had your supplementals, Honourable Member. All right. We now move on to the first Stat ement.
An Hon. Member An Hon. MemberSupplementary, Mr. Speaker.
The SpeakerThe SpeakerThis is the first Statement we are moving on to. We are moving to the first Statement. [Pause]
The SpeakerThe SpeakerThe first Statement by the Honourable Premier, and the Chair will first recognise the Honourable Member from constituency 17, MP Walton Brown. QUESTION 1: EU REFEREDUM —UK WIT HDRAWAL FROM THE EUROPEA N UNION
Mr. Walton BrownThank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, on page 3, paragraph 3, of the Honourable Premier’s Statement, he states as follows: “Those who only possess a BOT Citizenship passport are not or dinarily granted the right of abode in the UK or EU.” Is the Honourable Premier …
Thank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, on page 3, paragraph 3, of the Honourable Premier’s Statement, he states as follows: “Those who only possess a BOT Citizenship passport are not or dinarily granted the right of abode in the UK or EU.” Is the Honourable Premier aware that with the British Overseas Territories Act of 2002, all BOTC citizens were granted or were made full British cit izens, and therefore entitled to the right of abode in the UK?
The S peaker: Mr. Premier. Hon. Trevor G. Moniz: Mr. Speaker, I can answer that. I mean, the Member is correct. But what you do is you get a UK passport, and that shows your right of abode, rather than using your —normally rather than using the passport issued l ocally.
The SpeakerThe SpeakerYes. MP Walton Brown for a supplementary?
Mr. Walton BrownGiven that about 17 per cent of UK citizens do not have a passport, would you not agree that it makes a mockery to insist that people who are British citizens now need to have a British passport to prove their citizenship?
The SpeakerThe SpeakerYes. The Attorney General is answering the question. Hon. Trevor G. Moniz: Mr. Speaker, I am just saying that it w ould make everyone’s life easier. Some people want to make their own lives difficult. And I recommend they make their lives easier.
The SpeakerThe SpeakerYes. Bermuda House of Assembly Mr. Walton Brown: Given that we have a represent ative in the UK, Ms. Kimberley Durrant, who represents our interests, would it not be appropriate to have that office per suade, lobby the UK to ensure that those who are British citizens who happen to …
Yes.
Bermuda House of Assembly Mr. Walton Brown: Given that we have a represent ative in the UK, Ms. Kimberley Durrant, who represents our interests, would it not be appropriate to have that office per suade, lobby the UK to ensure that those who are British citizens who happen to also hold Bermuda status have t hat right of abode without having to go through that process of getting the British pas sport?
The SpeakerThe SpeakerAttorney General . Hon. Trevor G. Moniz: Mr. Speaker, it is not directly my area of responsibility. But it is a little bit more complicated than that. The 2002 Act enabled certain people to have full UK citizenship, but other people do not. And so, there are different categories. So …
Attorney General . Hon. Trevor G. Moniz: Mr. Speaker, it is not directly my area of responsibility. But it is a little bit more complicated than that. The 2002 Act enabled certain people to have full UK citizenship, but other people do not. And so, there are different categories. So it is not as simple as it appears at first blush. That is all I am saying. But I am happy to have an offline discussion with the Honourable Member and with the Ministry as well.
The SpeakerThe SpeakerThank you, Attorney General . The Chair will recognise the Honourable Member from constituency 15, MP Roban, who has a question. QUESTION 1: EU REFEREDUM —UK WIT HDRAWAL FROM THE EUROPE AN UNION
Mr. Walter H. RobanThank you. Thank you, Mr. Speaker. Can the Honourable Premier inform this House if his Cabinet had any discussions about the possibility of the exit of Britain and how Bermuda would respond to that?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, thank you for that question. As I said in the Statement, those di scussions came up with the JMC [Joint Ministerial Council] group. And there have been general discussions ongoing since that time.
Mr. Walter H. RobanI think my question was pretty clear about his own Cabinet discussions. I was fully aware of what was in the Statement, Mr. Speaker. This is a supplementary, of course.
Mr. Walter H . Roban[About] his own internal Cabinet discussions on the possibility of exit, as well as staying in and how that would impact Bermuda. The Speaker: Yes, Premier. Hon. Michael H. Dunkley: Mr. Speaker, Cabinet di scussions are kept confidential, as the H onourable Member should be aware. And the reason why …
[About] his own internal Cabinet discussions on the possibility of exit, as well as staying in and how that would impact Bermuda. The Speaker: Yes, Premier.
Hon. Michael H. Dunkley: Mr. Speaker, Cabinet di scussions are kept confidential, as the H onourable Member should be aware. And the reason why I a nswered that question that way is that, obviously, in any pre- JMC or JMC meeting, the Premier would r eport back to Cabinet colleagues about those discussions.
The SpeakerThe SpeakerThank you. Thank you, Premi er. The Chair will recognise the Honourable Member from constituency 21.
Mr. Rolfe CommissiongCan the Premier indicate whether there have been any extensive cons ultations with industry leaders within the international insurance and/or risk management sector of our economy as to the implications of a vote to leave the EU? If I may, Mr. Speaker —
The SpeakerThe SpeakerOkay. Thank you. That is a question. Premier. Hon. Mich ael H. Dunkley: Thank you, Mr. Speaker. Yes, there have been general discussions in that regard. And let me just go against the backdrop of why. It is because Article 50, as I clearly stated in the Statement, allowed for …
Okay. Thank you. That is a question. Premier. Hon. Mich ael H. Dunkley: Thank you, Mr. Speaker. Yes, there have been general discussions in that regard. And let me just go against the backdrop of why. It is because Article 50, as I clearly stated in the Statement, allowed for that process to take place. And that process would appear to be something that would take some time to get done. And so, this referendum has been on the forefront of the minds of many people and businesses who have links to the UK and the EU. And we have all known that we will have some ti me to work through this and deal with this. And that process has already started through those general discussions, and obviously will heat up more, so we [have to] make sure we take care of ever yone’s interests in Bermuda.
The SpeakerThe SpeakerThank you, Premier . You have a supplementary, MP Roban? Yes?
Mr. Walter H. RobanDoes the Premier have any opinion himself as to how Bermuda should respond to what has happened in the UK at this point, irrespec2200 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly tive of what may be happening with the JMC or what he has outlined about …
Does the Premier have any opinion himself as to how Bermuda should respond to what has happened in the UK at this point, irrespec2200 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly tive of what may be happening with the JMC or what he has outlined about Article 50? Because certainly, we cannot wait two years to wait to see what Britain does.
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I am happy to read the whole Statement again. I did not say in there we are going to wait two years. I said what the process would be. And I said that this will be a key . . . I think …
Premier.
Hon. Michael H. Dunkley: Mr. Speaker, I am happy to read the whole Statement again. I did not say in there we are going to wait two years. I said what the process would be. And I said that this will be a key . . . I think on the last page, I allude to this, it will be a key focal point of discussions we have. I am not going to give my personal opinion on this matter. I have given the Government’s opinion on that, with the Statement that we put together, and we have come to this Honourable House. This is going to be one of those issues where there are going t o be some real shifting sands taking place. And why do I say that, Mr. Speaker? Because the UK has voted to exit. I do not think that is the end of the situation. I think that there will be other jurisdictions within the EU that will take a very close look at it. Why do I say that? This is not just speculation. This is fact that has been put out through communication in advance of this referendum by other countries. And so, this Government, we really look forward to the support of Members in the Opposition. We will do everything we can to make sure our interests are protected, make sure that our interests are known. And I do not think it is any coincidence that the Honourable Deputy Premier and the Minister of Finance just came back from Brussels last night , continuing the work that we have been doing so ardently over the past couple of years. We will continue to stand up for what is best in the interests of Bermuda. And that will not waver and that will not change.
Mr. Walton BrownThe Honourable Premier says, “This agreement relating to BOT Citizens depends upon UK membership to the EU.” As someone who was involved in the lobbying to secure visa- free access to Schengen, I actually do not recall that it was contingent on the UK being a member of the EU. …
The Honourable Premier says, “This agreement relating to BOT Citizens depends upon UK membership to the EU.” As someone who was involved in the lobbying to secure visa- free access to Schengen, I actually do not recall that it was contingent on the UK being a member of the EU. I am just wondering if the Premier will undertake to further review this matter and report back to the Honourable House.
The SpeakerThe SpeakerPremier. Hon. Trevo r G. Moniz: Yes, Honourable Member. Yes. That is the case. And I am aware that that Honourable Member was deeply involved in those negotiations, with much success. This is a Statement here. We will have to investigate that and get back to him on that. I …
The SpeakerThe SpeakerYes. QUESTION 3 : EU REFEREDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walton BrownGiven that the British exit, UK exit, from the EU wi ll have profound implications for all of the conventions approved by the EU that have Bermuda House of Assembly been applied to Bermuda, as well as the role of the European Court of Justice, will the Government agree to …
Given that the British exit, UK exit, from the EU wi ll have profound implications for all of the conventions approved by the EU that have
Bermuda House of Assembly been applied to Bermuda, as well as the role of the European Court of Justice, will the Government agree to commit itself to fully reviewing whether or not —or what the im plications are r egarding the voiding, effectively, of a wide range of conventions that are cur-rently being applied to Bermuda, in particular the European Convention on Human Rights?
The SpeakerThe SpeakerAll right. Thank you, MP Brown. Yes, Attorney General . Hon. Trevor G. Moniz: Yes, Mr. Speaker. That is not quite correct. The European Co nvention is not related to the EU directly. The European Convention came after the war. In fact, it was drafted by someone from the UK. …
All right. Thank you, MP Brown. Yes, Attorney General . Hon. Trevor G. Moniz: Yes, Mr. Speaker. That is not quite correct. The European Co nvention is not related to the EU directly. The European Convention came after the war. In fact, it was drafted by someone from the UK. That is freestanding. The European Court of Justice is freestanding. It is not directly connected to the EU. However, the Honourable Member is right that there are other conventions which come out of the EU, and not just broad international conventions, but ones obviously related to commercial transactions. And I know with respect to Insurance Insolvency II, Bermuda has had its own separate recognition so that if this breaks, it should not have any effect on it. But I am sure that there will be further statements coming forward in the weeks to c ome from the Finance Mini stry, et cetera, as to the implications and the steps that will be taken. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Honourable and Learned Member. . . sorry, MP Roban, you had another quest ion?
The SpeakerThe SpeakerYes. Yes, question 2 then, your second question. QUESTION 2 : EU REFEREDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walter H. RobanYes. Considering the turnout, Mr. Speaker, for t he UK referendum was around 72 per cent, can the Premier share any insight as to why, with our own referendum, seemingly 50 per cent was only able to be derived?
The SpeakerThe SpeakerThat is not connected. That is not really related to this, Honourable Member. [Inaudible interjections]
The SpeakerThe SpeakerIt is not a question that is related to this. The Chair will recognise the Honourable and Learned Member from constituency 36. You had asked to— QUESTION 1: EU REFEREDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION Hon. Michael J. Scott: I am thank ful Mr. Speaker. Question to the …
It is not a question that is related to this. The Chair will recognise the Honourable and Learned Member from constituency 36. You had asked to—
QUESTION 1: EU REFEREDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Hon. Michael J. Scott: I am thank ful Mr. Speaker. Question to the Premier on the EU statement. So that we are able to assess the risk to Bermuda and remind the House on the treaties we have with the EU. Is it low risk or high r isk in the context of the world ?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: I thank the Honourable Member for that question. I will revert to the House for the complete list, because the last thing I want to do is stand on this floor of the House and give an incom-plete list at this time and not have …
The SpeakerThe SpeakerAll right. Thank you. Thank you, Pr emier. Yes. MP Roban, you have a third question? QUESTION 3 : EU REFEREDUM —UK WIT HDRAWAL FROM THE EUROPEAN UNION
Mr. Walter H. RobanYes. I have a third question. It seems like tough questions are hard to get answers to today, Mr. Speaker. Be that as it may, certainly the Premier’s Statement was required in light of the result of the referendum. But we do not miss the fact that the UK Prime …
The SpeakerThe SpeakerHonourable Members, that concludes the Question Period. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerThe Chair will recognise the Member from constituency 30, the Learned Member, MP Leah Scott. You have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker, and good morning. Mr. Speaker, I would like to first offer congratulations to the Child Development Programme which just recently received its accreditation. The 2202 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly team was led by Sherri -Lee Bucci, and they had …
Thank you, Mr. Speaker, and good morning. Mr. Speaker, I would like to first offer congratulations to the Child Development Programme which just recently received its accreditation. The 2202 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly team was led by Sherri -Lee Bucci, and they had their accreditation celebration on Tuesday at the Centre for Philanthropy. So I would like to congratulate them for a job well done. Associate Minister Scott with th ose, please. I would also like to congratulate the recipients of the Bermuda National Trust Awards. I attended the awards ceremony yesterday. So I would like to co ngratulate L yceum Pre- School; Southampton Pre - School; Somersfield Academy; Saltus Grammar School; and the young environmentalists, J. P. Didyk, Kairo Morton, Yassine Chentouf, and Magnus Henn eberger. I would also like to congratulate my parli amentary colleague, Mr. Jeff Sousa, Kim White and David Lopes, for their reward for the Ag Show Limited. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. 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 rise and ask that this Honou rable House send condolences to the family of one of our colleagues …
All right. Thank you, Honourable Member. 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 rise and ask that this Honou rable House send condolences to the family of one of our colleagues in the House, Dr. Grant Gibbons, whose father [E dmund Graham Gibbons II] passed away this last weekend. Mr. Speaker, I am getting associations from everyone on this side of the House . . . sorry, the entire House. Yes, the entire House, Mr. Speaker, the entire House. I think everyone in this Honourable House, Mr. Speaker, knew Mr. Gibbons. I certainly knew him quite well. And I have to say that I do not think Island Construction would be where it is today without Mr. Gibbons. He was certainly a man who was . . . And I guess his son has got some of his traits. He was certainly tight with his wallet, Mr. Speaker, to put it bluntly.
[Laughter]
Hon. Zane J. S. De Silva: I could give you one example. He would come in my office, and he would say, Zane, I need a little soil down at my house. I would say, Okay, Mr. Gibbons, no problem. I’ll get it to you first thing this morning. He says, But listen. Can I get a little soil that’s not been water ed down with sand?
[Laughter]
An Hon. Member An Hon. MemberHe knew you well, then. Hon. Zane J. S. De Silva: Yes, he knew me well. [Laughter] Hon. Zane J. S. De Silva: But, of course, Mr. Gibbons was from the old school. They think that the more soil you have, the quicker the growth. But in actual fact, as …
He knew you well, then.
Hon. Zane J. S. De Silva: Yes, he knew me well.
[Laughter] Hon. Zane J. S. De Silva: But, of course, Mr. Gibbons was from the old school. They think that the more soil you have, the quicker the growth. But in actual fact, as years have gone by, Mr. Sousa would tell you that actually sand is good for growth as well, Mr. Speaker. But certainly, he was a man I totally r espected, Mr. Speaker. I will say that I know he was not too happy about my joining the PLP. But, that said, Mr. Speaker, he was certainly someone whom I think not only myself, but everyone in this House, and i ndeed Bermuda, had the most respect for as a person, as well as a businessman. Thank you.
The SpeakerThe SpeakerAll righ t. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Even though the House has associated the remarks of the Honourable Zane De Silva regarding Mr. …
All righ t. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Even though the House has associated the remarks of the Honourable Zane De Silva regarding Mr. Graham Gibbons, you know, Mr. Speaker, I can remember as a young boy, I stayed in the area of Mid Ocean Golf Course—Frog Alley it is called, right? And many times we got to go play golf. And if the members saw you, they would chase you. And I told the member this. His mother and his father never chased us. They encouraged us to play. And I would never, ever forget that. He was probably one of the kindest, ge nerous members that Mid Ocean Club ever had. [Desk thumping]
Hon. Derrick V. Burgess, Sr.: So I would like to also, Mr. Speaker, send condolences out to the family of William “Willy” Weldon, a long -term employee of Public Works. This guy was in charge of the road resur-facing crew, Mr. Speaker. If you ever saw their cr ew in action, they all looked happy. I never heard anybody ever complain about Mr. Weldon’s way. I mean, he was so accommodating. He was a good employee, one who is surely going to be missed, and also a good cricketer. He played, as the Honourable Sir. Jim Woolridge would say, for the Mighty Flatts . At one time, he was the captain. He was a good, good cricketer also, Mr. Speaker. And since he got away, he started trying to play golf. You know, he played pretty well, but he was not in my status.
[Inaudible interjection s and laughter ]
Hon. Derrick V. Burgess, Sr.: Well, Mr. Speaker, he will be one who will be sorely missed by all who knew him. I would like to associate my cousin, Zane De Silva, with my remarks, and the Honourable Minister Cannonier and Minis ter Pat Gordon- Pamplin, and
Bermuda House of Assembly Minister Atherden, and Diallo . . . and the whole House, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Burgess. The Chair will now recognise the Opposition Whip, from constituency 3. MP Lovitta Foggo, you have the floor.
Ms. Lovitt a F. FoggoYes, thank you, Mr. Speaker. Mr. Speaker, I would like for congratulatory remarks to go out to Jonathan Starling for the Gree nrock programme, a fantastic programme to make young ones env ironmentally conscious. I would like congratulations to go out to both St. David’s Primary and East End Primary …
Yes, thank you, Mr. Speaker. Mr. Speaker, I would like for congratulatory remarks to go out to Jonathan Starling for the Gree nrock programme, a fantastic programme to make young ones env ironmentally conscious. I would like congratulations to go out to both St. David’s Primary and East End Primary on their graduations. It was excellent to be there and watch little ones move on to the next level. I would like congratulations to go out to the Junior Leaders of the Eastern End, particularly, Mr. Speaker, to young Mr. Ayr Cannonier and litt le Miss Corey Foggo . They are representing the East End area extremely well. Mr. Speaker, I would like congratulations to go out to the Adult Education Centre graduates, and thanks to Ms. Donna Daniels for her excellent tutelage of these—
The SpeakerThe SpeakerI think that was done last week, so you associate yourself with it.
Ms. Lovitta F. FoggoThey just had the graduation this week. The Clerk: It was CARE. That was CARE last week.
Ms. Lovitta F. FoggoYes. Excellent job and an excellent alternative programme for our young ones who do not perform in the traditional education arena. And, Mr. Speaker, I would like for condolences to go out to the Crockwell family for the loss of Fiqre Crockwell. I would like to associate Dennis Lister, MP …
Yes. Excellent job and an excellent alternative programme for our young ones who do not perform in the traditional education arena. And, Mr. Speaker, I would like for condolences to go out to the Crockwell family for the loss of Fiqre Crockwell. I would like to associate Dennis Lister, MP Ba scome—the whole House. He will be a great miss to both the St. David’s and St. George's community. He grew up in St. David’s, and then his family moved to St. George's. And we all know about his expertise in the cricket arena, won Safe Hands Award. He was a well -known member of the St. George's Cup Match team. And it is so sad to see someone like this, with all of that potential, be lost at such a young age. So, I just want his family to k now that we mourn with them for his loss. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Minister for Home Affairs. Minister Patricia GordonPamplin, you have the floor. Hon. Patricia J. Gor don-Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the sporting fraternity has act ually lost two very well -known sportspeople over the course of this …
Thank you, Honourable Member. The Chair will now recognise the Honourable Minister for Home Affairs. Minister Patricia GordonPamplin, you have the floor. Hon. Patricia J. Gor don-Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the sporting fraternity has act ually lost two very well -known sportspeople over the course of this past week, in the passing of Tokia Russell, who su ccumbed to injuries sustained in a traffic accident. And I would ask that this Honourable House send condolences to Tokia’s family. And I have been asking . . . I think the whole House would want to be associated. It is just tragic when we lose our young people on the roads. And we just have to use this as an opportunity to remind people of the necessity for care and caution as we traverse the highways and byways. Mr. Speaker, I would also like to congratulate, while I am on my feet, to send congratulations to the Bermuda Lawn Tennis Association [BLTA], as this week they are actually hosting an international tennis federation junior championship. It is a ranking tournament, and they have children, young people, from the ages of 10 right away up to 17 participating in this tournament. The quality of tennis has been absolutely incredible to watch. And I think that the BLTA need to be offered congratulations, along with their major sponsors for this tournament for the success thereof. Today should be seeing their semi’s and tomorrow their finals. And I would like to encourage all Members who are sports aficionados to go and encourage not just the BLTA, but certainly the young people who have come to our shores. There are something like 30 countries who have been represented in this tournament. So it does well not jus t for the sport, but also for our tourism i ndustry. And I would like for congratulations to be of-fered to them. And finally, Mr. Speaker, to offer congratul ations of the organisers of the Bermuda Heroes Wee kend. I know it was mentioned last week that we w ere going into a weekend. But I believe that, in retrospect, the entire weekend was tremendously successful, and I would like to offer our heartiest congratulations to the organisers, led by Jason Sukdeo. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Th ank you. The Chair will recognise the Honourable Member from constituency 13. MP Diallo Rabain, you have the floor.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Joining with my colleagues for Fiqre Crockwell and William “Willy” Weldon. They were stalwarts. It is like a bookend, in my capacity, with the Eastern County Associ ation. One played for Flats; one played for St. David’s. One was in the prime; one was a r …
Thank you, Mr. Speaker. Joining with my colleagues for Fiqre Crockwell and William “Willy” Weldon. They were stalwarts. It is like a bookend, in my capacity, with the Eastern County Associ ation. One played for Flats; one played for St. David’s. One was in the prime; one was a r etiree. But we all are feeling the tremendous loss of both of these men. And again, I join my colleagues in sending out condolences to their families. 2204 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Mr. Speaker, I would also like to send congratulations to Elliot Primary on behalf of their pas sing-out ceremony, or transitional ceremony that they had for their P6s. As the PTA President of El liot Pr imary, it is always a pleasure to see young people going on and doing what we expect of them. We hear so much about our public school system. But when we see these types of ceremonies and we see the pote ntial there, I think it is something that we all should celebrate and definitely acknowledge. And again, with that, I want to also congratulate Harrington Sound Primary, and the Ministry of Social Development and Sport, as we both attended that. I had the pleasure of giving out two awards on behalf of another hat I wear with the Harrington Workmen’s Club. We have a sp ecial relationship with the school, and we do a lot of activities with them. And we handed out two awards to the best male and female athletes of the graduating class. Thank you, Mr. Speak er.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise now the Minister of Public Works. Minister Cannonier, you have the floor. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I would like to share in the sentiments, as we just heard, for Fiqre Crockwell, Willy Weldon and T okia Russell. What …
Thank you, Honourable Member. The Chair will recognise now the Minister of Public Works. Minister Cannonier, you have the floor.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I would like to share in the sentiments, as we just heard, for Fiqre Crockwell, Willy Weldon and T okia Russell. What many in the House may not be aware is that all three of them were employees of the Ministry of Public Works. And so, this is quite devastating. We did meet with our folks. The departments are sorely hurt by this loss. This last year, we have lost several young members within the Ministry of Public Works. But this was extremely devastating to have three over a weekend, primarily, basically to be lost so quickly in the manner that they were lost. So our condolences do go out to the families of all three. But I do want the House to be aware that they were members of the Ministry of Public Works. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you very much, Honourable Member. The Chair will r ecognise the Learned Member from constituency 36. MP Michael Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I would like the House to send a note of congratulations to Dr. Timothy …
All right. Thank you very much, Honourable Member. The Chair will r ecognise the Learned Member from constituency 36. MP Michael Scott, you have the floor.
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I would like the House to send a note of congratulations to Dr. Timothy Jackson, Pri ncipal of Sandys Middl e School, celebrating nine years of out standing and exemplary leadership of that school. His tour of duty has seen the introduction of the IGCSE programme; an aquaculture programme; the drumline, to name but a few of the issues around which the students and faculties got involved in and got behind. Also, at Sandys Middle School, may I ask that the House send congratulations to the Art Depar t-ment, which is celebrating Spring Fling, an art pr ogramme for the school May I just mention some of the team members ? Mr. Sheldon Fox, Troy Washing ton, Ms. Barbara Dillas, Ms. Sherie Ricardo , Mr. Rot imi Martins, Dr. Emilygail Dill , Ms. Carline Ray and Ms. Alex Smith . In relation to that Art Department, Ms. Barbara Dillas is retiring after many years of serving in the Art Department of that school, and we wish her well in her retirement, together with well wishes to Ms. Victoria Saltus, another member of the school. The Honour-able former Whip and Minister of the Environment, Mr. Cole Simons, wishes to be associated, and I happily do so. Finally, Mr. Speaker, I had the honour, and I would ask that the House send congratulations to the St. Anne’s Anglican Church celebrating with a twi nning way with the 400 years of existence of the s upreme courts of these Islands, 400 years of establishment as a church in these Islands. And on Sunday last, in the presence of Mr. Premier, His Excellency the Governor, and myself representing the Opposition Leader, there were readings and acknowledgement of the accomplishments of this small c hurch on the South Shore and its many years. And we send congratulations to some of the organisers, certainly to Father David Matthews, Ms. Toni Spring. Father David and his wife are leaving I think at the end of July. And so, we wish them well for the ser vice that Father David ex tended and gave to that church. Thanks, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Junior Mini ster from constituency 1. Junior Minister Kenneth Bascome, you have the floor. Hon. Kenn eth (Kenny) Bascome: Thank you, Mr. Speaker. I would ask that a letter of condolences be sent to the family of Gladys Harford. This …
The SpeakerThe SpeakerHonourable Members, Honourable Members. [Gavel]
The SpeakerThe SpeakerCarry on, please. Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I would also ask that a letter of congrats on behalf of the whole country be sent to the former Premier of this particular House, the Honourable Alex Scott, whose name was espoused last week at t he groundbreaking ceremony for …
Carry on, please.
Hon. Kenneth (Kenny) Bascome: Mr. Speaker, I would also ask that a letter of congrats on behalf of the whole country be sent to the former Premier of this particular House, the Honourable Alex Scott, whose name was espoused last week at t he groundbreaking ceremony for the new Morgan’s Point Resort. I have also had the opportunity to speak with one of the m ajor developers. And he has made me understand that
Bermuda House of Assembly Mr. Scott was the driving force to get this project to where it is today, Mr. Speaker. So I would ask that this Honourable House please make Mr. Scott aware that, as a country, we are very pleased with this project as going, and we hope that this will be an incentive for the whole of Bermuda to get back to work. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Minister for Health and Seniors, Minister Atherden. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I would like congratulations to be sent to the Bermuda Police Service. They were the winners of the Corporate Blood Donor Drive. And …
Thank you, Honourable Member. The Chair will now recognise the Minister for Health and Seniors, Minister Atherden. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I would like congratulations to be sent to the Bermuda Police Service. They were the winners of the Corporate Blood Donor Drive. And I must admit, Mr. Speaker . . . and Member Roban would also like to be associated with it. And, Mr. Speaker, having been down to the presentation cer emony, I am just so amazed that people who are out there as members of the Police Service could still find time to do this, something which is so important to Bermuda, with respect to blood and making sure that the Blood Bank has sufficient numbers. Mr. Speaker, I would also like to have congratulations sent to the winners of the Barbara Ball Scholarship. This is a scholarship which is given out by the Ministry of Health to persons who are going to be studying careers which are associated with . . . Minister Roban, I am not forecasting—Member Roban. But also with respect to them, it was (and I am going to try and read it from my . . .) Gerteikquia Hatherly, Deidre Ferguson, Dwaynisha Pearman, Chioma Nwasike, Rachel Card, Meliseanna Gibbons, Morrissa Tucker, Teleza Pitcher, Stephanie Wright and Reglindis Ratteray. Mr. Speaker, I think it is i mportant for us to note that since the scholarship started, we have given out over 38 scholarships. And actually, this time we were very fortunate to have a broad range of individuals out there and of very hi gh calibre. We had over 60 applicants, which bodes well for at least persons taking advantage of getting educated in fields which are associated with medicine and health. With that, Mr. Speaker, if those congratul ations can be sent. Thank you.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Mini ster. The Chair will now recognise the Minister for Social Development and Sport. Minister Sylva Ric hards, you have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, yesterday was World Olympic Day. The Premier and I were fortunate …
All right. Thank you. Thank you, Mini ster. The Chair will now recognise the Minister for Social Development and Sport. Minister Sylva Ric hards, you have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, yesterday was World Olympic Day. The Premier and I were fortunate enough to attend a reception hosted by the Bermuda Olympic A ssociation at the Goslings Wine Centre, where we b a-sically announced Bermuda’s Olympic team for the Olympics Games to be held on Rio de Janeiro. We have seven sterling athletes who will be flying the Bermuda flag in Rio de Janeiro, and I am going to read out their names. We have a rower, Michelle “Shelley” Pearson; two sailors, Cecilia “Ceci” Wol lmann and Cameron Pimental; triathlete Flora Duffy; sprin ter, Harold “Tre” Houston; long- jumper, Tyrone Smith; and two swimmers, Julian Fletcher and R ebecca Heyliger. It is inter esting, the two swimmers I went to school with both of their parents. It is nice to see their kids reach that level of competitiveness.
[Timer beeps]
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker.
The SpeakerThe SpeakerOh, you had not finished. It was not for you. Have you got something else to say? Hon. Sylvan D. Richards, Jr.: Yes, I do, I am sorry.
The SpeakerThe SpeakerCarry on. Hon. Sylv an D. Richards, Jr.: Okay. Thank you, Mr. Speaker. So I just want to congratulate them and let them know that all of Bermuda will be supporting them as they travel to the Olympics in Rio de Janeiro. Also, I would like to be associated with …
Carry on.
Hon. Sylv an D. Richards, Jr.: Okay. Thank you, Mr. Speaker. So I just want to congratulate them and let them know that all of Bermuda will be supporting them as they travel to the Olympics in Rio de Janeiro. Also, I would like to be associated with the remarks gi ven by MP Roban regarding the graduation ceremony at Harrington Sound Primary School. It was a very i mpressive graduation. The school is led by Principal Lisa Smith. She gave a very interesting speech to her charges who were moving on to middle school, about the benefits and the dangers of social media. We live in a time when most children have a cell p hone. They have access to WhatsApp and Snapchat and different apps. And she was very clear that they had to be mindful of how they used social media and wha t they put on social media. In Bermuda, we have had incidences of untoward things being circulated by young people. So it is very impor-tant that they understand that if you put something on social media, it is there for life. And we are all going to grow u p and become adults, and we do not want to be looking back and having regrets on something we did when we were 12- , 13- and 14- year-olds. I think those were very timely and interesting remarks by the pri ncipal to her charges. So I wish them congratulations and success as they move on with their educational endeavours, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Premier. Premier, you have the floor. 2206 24 June 2016 Official Hansard Report B ermuda House of Assembly Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I would ask to be associated with the condolences …
Thank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Premier. Premier, you have the floor. 2206 24 June 2016 Official Hansard Report B ermuda House of Assembly Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I would ask to be associated with the condolences that have been sent out from honourable colleagues over the past week, with many of the most un fortunate and tragic passings we have had. And as I said, Mr. Speaker, I think I will co mment, just for clarity, that letters of congratulations and condolences are not actually sent out. This is what we do right now. We do it over the media.
The SpeakerThe SpeakerYes. Some are sent out, but not many are sent out. Hon. Michael H. Dunkley: Yes. We will have another conversation about that, then.
The SpeakerThe SpeakerYes. Yes. Hon. Michael H. Dunkley: But, Mr. Speaker, I thought it important that I stand up and be associated with the comments of condolences and also make a few remarks in r egard to my honourable colleague and Minister of Economic Development on the pas sing of his father, …
Yes. Yes. Hon. Michael H. Dunkley: But, Mr. Speaker, I thought it important that I stand up and be associated with the comments of condolences and also make a few remarks in r egard to my honourable colleague and Minister of Economic Development on the pas sing of his father, Graham Gibbons. I had the pleasure of know ing Mr. Gibbons for many years. I actually served on a board with him. And I was always uniquely impressed by the charact er of Mr. Gi bbons, his integrity, his devotion to the causes he had, his family, the community he served for many years that is near Hamilton and the greater community. A man like that needs to be recognised, because I believe he was a shining example and a good role model for the people of Bermuda. I remember in the days when I used to play a bit more golf, I would sometimes try to play late in the day. I would always see Mr. Gibbons out for his afternoon walk, and we would always have a conversation. And I have to say I was fortunate enough to get advice from many people. And Mr. Gibbons was always open to providing me with some advice. So, to my honourable colleague and to his family, condolences. He was a man who is gone, but he will never be forgotten because of his contribution and because of the character that he had. So, thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Pr emier. Are there any other Honourable Members who would care to speak? The Chair will recognise the Honourable Mi nister for Economic Development, Dr. Grant Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I would like to thank, on …
All right. Thank you, Honourable Pr emier. Are there any other Honourable Members who would care to speak? The Chair will recognise the Honourable Mi nister for Economic Development, Dr. Grant Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I would like to thank, on behalf of my family, Honourable Members for their gracious comments today on the passing of my father. And I would also like to thank you, Mr. Speaker, and a lot of other Members for calls and notes to me and my family as well. At 96, as I say, he had very good innings. He had a long, very full life, and certainly my family will miss him. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Dr. Gibbons. Would any other Honourable Member care to speak? So that will conclude our Congratulatory and/or Obituary Speeches. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS The S peaker: There are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThe Chair will recognise first the Mini ster for Finance. Minister E. T. Richards, you have several. So you can just go down and do them all. FIRST READINGS Hon. E. T. (Bob) Richards: All right. I am introducing the following Bills for their first readings so that they may …
The Chair will recognise first the Mini ster for Finance. Minister E. T. Richards, you have several. So you can just go down and do them all. FIRST READINGS Hon. E. T. (Bob) Richards: All right. I am introducing the following Bills for their first readings so that they may be placed on the Order Paper for the next day of meeting.
The SpeakerThe SpeakerDo one at a time so that we get it in the record. INSURANCE AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Right. Firstly, the Insurance Amendment Act 2016.
The SpeakerThe SpeakerThank you, Minister. BERMUDA MONETARY AUTHORITY (DETERM INATION OF APPEALS) ACT 2016 Hon. E. T. (Bob) Richards: Yes. The Bermuda Mon etary Authority (Determination of Appeals) Act 2016. B ermuda House of Assembly The Speaker: Thank you, Minister. MONEY SERVICE BUSINESS ACT 2016 Hon. E. T. (Bob) Richards: The Money …
The SpeakerThe SpeakerThank you, Minister. CUSTOMS TARIFF AMENDMENT (NO. 2) ACT 2016 Hon. E. T. (Bob) Richards: And lastly, the Customs Tariff Amendment (No. 2) Act 2016
The SpeakerThe SpeakerAll right. Thank you, Minister Richards. The Chair will now recognise the Minister for Health and Seniors. Minister Jeanne Atherden, you have the floor. BERMUDA HEALTH COUNCIL AMENDMENT ACT 2016 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading …
All right. Thank you, Minister Richards. The Chair will now recognise the Minister for Health and Seniors. Minister Jeanne Atherden, you have the floor. BERMUDA HEALTH COUNCIL AMENDMENT ACT 2016 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Bermuda Health Council Amendment Act 2016.
The SpeakerThe SpeakerThank you, Minister. All those Bills will be placed on the Order Paper. OPPOSITION BILLS
The SpeakerThe SpeakerThere are none. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerWe have the first three Orders, Orders 1, 2, and 3, are carried over. And so, we move to O rder No. 4, which is the Criminal Code Amendment Act 2016, in the name of the Learned Attorney General and Minister of Legal Affairs. So the Chair will now recognise …
We have the first three Orders, Orders 1, 2, and 3, are carried over. And so, we move to O rder No. 4, which is the Criminal Code Amendment Act 2016, in the name of the Learned Attorney General and Minister of Legal Affairs. So the Chair will now recognise Attorney General Trevor Moniz. You have the floor. Hon. Trevor G. Moniz: Thank you, thank you, Mr. Speaker. I move that the Bill entitled the Criminal Code Amendment Act 2016 be now read the second time. The Speaker: Thank you. Are there any objections to that? Please carry on, Minister. BILL SECOND READING CRMINAL CODE AMENDMENT ACT 2016 Hon. Trevor G. Moniz: Than k you. Mr. Speaker, this Bill seeks to amend the Criminal Code Act 1907 to permanently establish a mental health treatment programme. The programme will be similar to the drug treatment programme oper-ating through the Magistrate’s Court and the Supreme Court, which will be empowered to make orders and rulings regarding mentally ill of fenders in a pr ogramme for up to five years. Mr. Speaker, there is a long- standing gap in Bermuda’s criminal justice system as it pertains to the treatment of offenders with mental illness. Such offenders som etimes commit offenses directly as a r esult of their mental condition. Without particular attention, they are likely to find themselves in a revolving door of reoffending. This is evidenced by a remarkably high rate of recidivism among segments of this group. Mr. Speaker, this is not a small problem; the numbers of persons serviced within the criminal jus-tice system with diagnosed mental health challenges is substantial. Data show upwards of 500 encounters in a given year. There have been sustained periods of annual increase within the past 10 years. Mr. Speaker, Government is aware of these challenges and their complexities, and this Bill is a culmination of our commitment to address the issue legislatively. This is in fu rtherance of the commitment whereby a pilot mental health treatment programme officially commenced under the Department of Court Services in October of 2013. The encouraging results of the pilot warranted these measures that are before the House today. Mr. Speaker, the pilot programme is based upon a model similar to the drug treatment pr ogramme and promotes a systemic criminal justice and treatment approach which is team centred. The pr imary functions are affording more focused and appr opriate therapeutic intervention and the reduction of recidivism for mentally ill offenders in lieu of incarcer ation. In lay terms, the programme aims to identify those who are mentally ill who come into the criminal justice system accused of an offence. In addition, other offenders may be enrolled into the programme as a condition of a probation or supervision order. Participants are identified through the earliest mental health screening and assessments of a qualified psychiatrist. Having done so, these persons will be afforded the opportunity to be treated as is neces2208 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly sary to address their mental illness. Ongoing oversight and collaboration with family members and community partners is undertaken to ensure compliance with treatment whilst enrolled in the programme. Mr. Sp eaker, mentally ill offenders will now have the benefits of the structure of a programme operated through the courts, as ordered at sentencing. Whilst the cl ients in the pilot programme, recognising the benefit of the programme, would also like to continue [in it], there was no jurisdiction to keep them enrolled; enactment of this legislation will remedy that. Mr. Speaker, the Department of Court Services requires buy -in and coordination for the pr ogramme from various organisations in helping agencies, inc luding the Mid Atlantic Wellness Institute [MWI], the Department of Corrections, the police ser-vice, the judiciary, and the treatment community. This coordination is being achieved through extensive col-laboration, and the parties are demonstrably willing t o make the programme a success. A Memorandum of Understanding will facilitate their commitment. Mr. Speaker, the overall impact of the pr ogramme has been encouraging. The participating consultant psychiatrist from MWI has offered a weekly half-day clinic at the Department of Court Services, and the Department of Corrections has contributed the services of a specialist nurse for one half -day per week. In addition, the Depar tment of Financial Assi stance has worked with the programme to assist the identified clients. These relationships continue to be promising. Mr. Speaker, overseas training for stakeholder groups occurred at the Mental Health Court in Buffalo, New York. In addition, relationships have been fos-tered exten sively with community charities such as Focus Counselling Services, the Department of Parks, Windreach Recreational facility, and the Salvation Army, in order to maximise existing resources to a ddress client needs. Mr. Speaker, a key critical component of the programme’s future success is adequate legislative provisions to implement and sustain the programme by defining the power of the courts, outlining the obl igations of the parties, demarcating a clearly defined eligibility criteria, imposing sanctions and granting i ncentives, and procuring as sessment by qualified pr ofessionals. This is a tremendous step in addressing the overall needs related to this client group. And current Throne Speech initiatives, such as the revision of the Mental Health Act and exploration of a forensic unit, will p rovide continuum in addressing the more expansive needs and responses to offenders with mental health challenges. Mr. Speaker, due to utilisation of existing f acilities and services to meet the existing demands of the programme, no new funds are required at this time for its per manent establishment. Longer -term financial benefits include that the treatment offered to this group will minimise overall incarceration costs. With these benefits to society in general and to the participants in the programme dir ectly, Mr. Speaker, passage of the Bill is eagerly anticipated. In addition to that, I would just like to add two comments. The drug treatment programme in the courts and the mental health treatment programme obviously have a synergistic effect. Quite of ten, there is a fact of c omorbidity, where someone has drug addiction issues, and they also suffer from mental health challenges. And so, these two things work back and forth. And now people will be able to receive all the treatment they require, both for dr ug issues and for mental health problems. In addition to that, I would like to thank the people who have been involved with this. We have consulted broadly with the Bermuda Bar and with the courts to make sure this meets their needs, and all of the consti tuent departments of Court Services, Corrections, the police, et cetera, to make sure this all works together. I know that when we had the pilot programme, some people were frustrated, saying, Well, why don’t you have more? That was really the training -wheels programme to ensure the programme worked properly. Because all of these stakeholders need to work extremely smoothly together for this to be a success. And it is part of Government’s larger initiative to take people out of the criminal justice sy stem w herever possible. So we are building on that success of the drug treatment programme with this mental health treatment pr ogramme. In addition, in terms of consultation, obviously, I would thank all the stakeholders. I also reached out to one of the member s of the bar Saul Dismont this month, who has given extensive, extensive comments, many of which I feel sure will be fed into the next phase of this programme, when we enlarge it in due course, when we are sati sfied with the success to date. I thank you, Mr. Speaker, and with that I will take my seat and allow other Members to speak.
The SpeakerThe SpeakerAll right. Thank you, Honourable and Learned Attorney General . Is there any other Honourable Member who would care to speak? The Chair will recognise the Honour able and Learned Member from constit uency 36, MP Michael Scott. ANNOUNCEMENT BY THE SPEAKER HOUSE VISITOR
The SpeakerThe SpeakerAnd just before you start, I just want to take this opportunity to recognise Senator Lynne Woolridge, who is sitting in the House. Carry on, please, MP Scott. [Criminal Code Amendment Act 2016, Second Reading, debate continuing] Bermuda House of Assembly Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. …
And just before you start, I just want to take this opportunity to recognise Senator Lynne Woolridge, who is sitting in the House. Carry on, please, MP Scott.
[Criminal Code Amendment Act 2016, Second Reading, debate continuing]
Bermuda House of Assembly Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, the Opposition have no objection. The Opposition welcomes the Amendment Bill today that introduc es a mental health programme to twin with the drug treatment programme into our criminal justice administration. That is the first point. But I do have a number of points to raise —three points to raise in relation to where we are on this i mportant front. The reason for our support is because it is an important front. And as the Bill and all traditional mental treatment programmes recognise, the modus op-erandi and the overriding objective is to remove the crime, or the criminality, from cases of offenders before the courts who are having the experience of mental health challenges, and i ntroduce treatment, health treatment. And this is critical. As the Learned Attorney indicated, the numbers are concerning, at the level of 500 clients, or patients —
[Inaudibl e interjection] Hon. Michael J. Scott: Encounters. The level of 500 encounters a year, both historically and now currently, these are numbers which indicate and demand a fervent response. And that leads me to my first point. In relation to treatment options, I mean, because we recognise that, as the Learned Attorney indicated, this is the statutory wraparound to bring statutory legit imacy to the mental health programme in the way that the criminal code introduces it or wraps around the drug treatment progr amme. But these are impor tant endeavours. And the first point that I wish to state is that it is important that mental health programmes are properly budgeted and funded. And I was alive to the fact that the Learned Attorney said that this initiative, thi s statutory initiative obviously requires no additional funding; clearly, it does not. But in the context of the attack on, the assault on dealing with bringing positive and useful and humane results to our citizenry who are challenged with mental health episodes and challenges when they come into the context of the criminal justice system, it requires funding primarily for treatment facilities, or residential facilities. And we need to get to that day, Mr. Speaker, of ensuring that there is proper funding. I can recall as far back as the 1980s when I first joined the Chambers of Dame Lois Browne - Evans. And both she and Ann Cartwright De Couto were busy on the front of criminal and matrimonial justice in our country, and there was a concern then about how w e were handling the issues of mental health in our country. We need to catch up is the first point that I wish to make, and I am sure that the Learned Attorney who presents this Bill, the Amendment, will agree with me; I hope that he will. MAWI [Mid Atlantic Wellness Institute] is a psychiatric unit in our country. It purports to . . . It is the sole psychiatric hospital in Bermuda. And it is dealing with the normal issues of maintaining a pla tform, a clinical platform for mental health treatment in Bermuda. Now, if you look at MAWI and its statement of purpose and intent, it i ncludes a line item for the mental health programme. But in my view, without unduly criticising MAWI, it is woefully unfit for the purpose to which I say that we need to be look ing at , which are residential treatment programmes, doctors, social workers, maintaining a platform of mental health treatment for the potential clients in our country. So, I mean, this is not a criticism of this administration. It has been in existence for long enough to have covered the former administration, the PLP. But time is critical for a proper funding of mental health treatment programmes. Why is this so? B ecause as we know, and the Learned Attorney ind icated this, and Mr. Saul Dismont has noted it in statements and his comments on this matter, in Bermuda co- occurring disorders and comorbidity, partic ularly with drug abuse, are typical in our country. In fact, often, drug abuse contributes to mental health disorders in our country. And that being so, the need for recognising that profile in our Island and introducing properly funded programmes to get on top of these co- occurring or comorbidities again underscores the need for us to tackle this problem not just with the necessary statutory wraparound, but with the funding for good holistic treatment programmes on the issue of and on the front of mental health. Mr. Speaker, so I was saying that MAWI i ntroduces in its statement on the programmes a refer-ence to the mental health programme. It is just lip service at this stage— it is merely lip service without proper funding that extends beyond the walls of MAWI to a residential kind of —not kind of, but to a residential treatment platform, staffed by the required clinicians, doctors, and social workers. What d oes a treatment programme look like? Well, I know that the learned technical officers from court services ––anyone looking at this from a policy point of view within Justice or even in Corrections, another place where mental health patients ought not to be occurring, certainly within our Corrections facil ities––I know that the technical officers within Court Services can easily . . .[they] know what a good and credible adult inpatient treatment programme looks like. I mean, it would be a programme . . . I ha ve looked at a number of them online. But there is one in New England. Let us just take as an example, with your permission, the Brattleboro Retreat adult treatment programme. It provides services for persons from the ages of 18 years and older, with a broad range of short -term 24- hour acute care services, Mr. Speaker, with a range of severe men tal health and addiction problems. And again, you are seeing this 2210 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly comorbidity occurring even in this example to which I am referring. Admissions to this particular Brattleboro R etreat are accepted 24 hours a day, seven days a week. They deal with issues of depression, bipolar disorders, co- occurring disorders, alcohol and opiate withdrawal experiences, and/or prescription drugs, and thought disorders such as schizophrenia. So that is the kind of platform that a typical treatment pr ogramme in a place away from MAWI, a free- standing treatment programme, would look like. Out in the country, somewhere where there is a purpose- built arrangement for dealing with clients. And what does it do? Well, it stops the whole question of treating offenders as persons involved in crime. It particularly, in our country, Mr. Speaker, addresses homelessness. A lot of the homelessness in our country is also connected with mental health cha llenges of clients in our country. If they are homeless and not getting good food in their belly or living under the stars, they are going to drift into criminal behaviour and desperate behaviour. And this is what brings them in connection with the courts . And what we need . . . the pilot programme has proved well that they have been able to identify —clearly, identification of these persons has got to be as easy as falling off of a slippery log. Critically, what is important is the treatment of these persons, compassionate, humane treatment, and clinical treatment. Mr. Speaker, the programme services of this example that I was referencing for Members of this House indicate that there is a multi -disciplinary trea tment approach, with coordinated care, some of the things that the Learned Attorney was talking about. There is an experienced team that includes boardcertified psychiatrists, psychiatric nurses, licensed social workers, mental health workers who work to create a customised treatment programme and plan designed to ensure the best and optimum result. The programmes and services include an LGBT inpatient programme, an alcohol and drug addiction treatment programme, children and adolescence programme, uniformed services —the members of the military, cor rections and EMT’s programme— and adult inpatient and outpatient programme. I took time to go over those kinds of examples, Mr. Speaker, to just indicate when I speak to the need for proper funding, those are certainly not offered at MAWI. I know that we ha ve been opening up residential homes across the community. I remember when I was Minister of Justice, there are homes across our Island for residential purposes, some connected with Focus and others (I am using my memory now) connected with our mental heal th treatment pilot programme. But as you can see, the in -depth requirement and budget financing needed for psychiatrists and psychiatric nurses in a country with our population is doable, in my respectful submission, Mr. Speaker. But for an effective programme, it is also, we submit, necessary. My final point, as I embrace the legislative wraparound of this amendment, is to note that it is the Minister of Justice and the Learned Attorney [General] who stands to bring this initiative. And at one stage, I believe that this whole question of the drug trea tment —
The SpeakerThe SpeakerMP Scott, we have gone past 12:30. So would you like to continue on after lunch? Hon. Michael J. Scott: Sure, Mr. Speaker. Just a few more points.
The SpeakerThe SpeakerOkay. Yes. If you could just, Minister . . . Hon. Trevor G. Moniz: Yes. Mr. Speaker, I move that we adjourn for lunch until 2:00 pm.
The SpeakerThe SpeakerThank you. Honourable Members, the House is adjourned to 2:00 pm. [Gavel] Proceedings suspended at 12:30 pm Proceedings resumed at 2:00 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair]
The SpeakerThe SpeakerHonourable Member s, we will continue with our debate on the Criminal Code Amendment Act 2016 . And the Honourable and Learned Member from constit uency 36, MP Michael Scott, has t he floor. BILL SECOND READING CRIMINAL CODE AMENDMENT ACT 2016 [Continuation of debate thereon] Hon. Michael J. Scott: …
Honourable Member s, we will continue with our debate on the Criminal Code Amendment Act 2016 . And the Honourable and Learned Member from constit uency 36, MP Michael Scott, has t he floor.
BILL
SECOND READING
CRIMINAL CODE AMENDMENT ACT 2016
[Continuation of debate thereon]
Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker , just in rounding off and finishing off, may I, with your leave Mr. Speaker , just make re ferenc e to the prevalence of co- occurring disorders and its prev alence amongst youth. I am speaking from an article —The National Centre for Mental Health and Juvenile Justice— New Directions to address Cooccurring Mental Disorders —to link it to and with the scen e in Bermuda where we have found that this kind of co- occurrence of mental disorders is present here. So we understand from the article that I just referenced, Mr. Speaker , that the research indicates that the prevalence of mental disorders amongst
Bermuda House of Assembly youth in the Juv enile Justice System has been described as clear, “[w]hen compared with the youth in the community, youth in the juvenile justice system experience significantly higher rates of mental illness.” And “As epidemiological and clinical evidence demonstrated,” Mr. Speaker , “youth coming into contact with the juvenile courts are likely to present with both mental and substance use disorders.” Those are described as co- occurring disorders. “Other research suggests that as youth are more deeply involved i n the criminal justice system, even higher rates of co-occurring disorders are likely.” Conclusions have reached this position, that based on multiple studies they “have found that youth with co -occurring disorders have greater impairment in role func tioning, academic abilities, and number of suicide attempts, than their peers without co- occurring disorders.” So linking that now with the Bermuda scene, may I refer to an article based on an interview by the Royal Gazette in the beginning of this year, Janu ary, where Counsel, Mr. Saul Dismont, is being interviewed. it was noted in that article by Mr. Dismont that . . . two things. That since the establishment of the pilot programme of the Mental Health pilot pr ogramme, there has been some 70 persons (and I think they were males) who have presented as clients in Bermuda. That is to be linked with the statistic that the Learned Attorney General and Minister of [Legal] A ffairs gave to us earlier this morning. And significantly, Mr. Speaker , most clients on the programme have been dual -diagnosed, says Mr. Dismont, as suffering from both mental illness and substance dependence. So these are occurring, these dual-disorders and co- occurring disorders, are occurring, here. And may I just now round off with my final point that I wish to speak to in the general debate. Mr. Speaker , as I was indicating, the Minister presenting the Bill this a fternoon is the Minister of [Legal] Affairs, and there is some thinking that because now we have been talking about nothing else other than clinical issues and health issues, that the co- issue and platform of mental health treatment and drug treatment pr ogrammes might be better placed within the Ministry of Health. I did indicate, I disclosed, that we, the PLP, we have had it under t he current Ministry of Justice. I certainly had it when I held that position and I believe we have held it . . . certainly Corrections has moved b etween National Security and Justice. But given the aims now to drive clinical solutions, clinical health s olutions, to Bermudians who are suffering and who are involved in the criminal justice system because of mental health issues, I would be open to be hearing from the technical staff as to whether this continues to work well for us in Bermuda or whether there is some value in examining placing these matters under that umbrella of Health. But my primary point, and I will end on this, my primary point of reference has been the need to establish proper budgeting and funding to ensure that mental health treatment i s well funded within the context of residential care, staffed by clinical experts who have the best chances of producing outcomes in our country to reverse or at least to treat and minimise the bad effects, poor effects, of dealing with treatment of persons with mental disorders and mental behaviours in our criminal justice system. So I end by thanking the House for the opportunity to make these points in a Bill which the Oppos ition completely supports as it gives it the wraparound of legislative functional ity. Thanks so much.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Minister for Health and Seniors, Jeanne Atherden. You have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker . Sometimes I think that, you know, the Oppos ition Member is on our wavelength and we are all …
All right. Thank you, Honourable Member. The Chair will now recognise the Minister for Health and Seniors, Jeanne Atherden. You have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker . Sometimes I think that, you know, the Oppos ition Member is on our wavelength and we are all understanding how we should tackle this particular subject because as the listening audience might not know, the Minister of Health gets to appoint a Mental Health Review Tribunal, and that Review Tribunal has the purpose of dealing with cases that . . . where persons have mental issues and we make sure that they are addressed in a proper manner. And so when the Honourable Member who just sat down talked about how he thought it should be framed, I think we have to make it clear that even though the Attor ney General has put forward some things and it is in his side as it relates to the criminal law side, we on the other side, from the Health, work very closely with them and we are making sure that that the two sides of the coin marry up, so that in add ition to having the Mental Health Review Tribunal, I just want to remind the Honourable Member s and the public, if they are listening . . . if you will just allow me one minute, Mr. Speaker , to r emember that in the Throne Speech—the 2015 Throne Speech —we said as one of our Throne Speech initiatives: “The Government will also review the Mental Health Act to ensure it remains in line with international best practices. The absence of a secure foren-sic psychiatric unit on Island is a particular concern.” And then we talked about several reviews, “ but the logistics of identifying local supporting resources has been challenging. ” And this is the sentence which I think is important, “The Government will commit to identifying the resources needed to revamp the Mental Health Act and to identify a forensic psychiatric solution appropriate for the Island’s size and r esources.” 2212 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly And I say that in terms of identification and appropriate for the Island’s size and resources because that takes me into the next part of it, that obv iously when we were developing the long- term stra tegy for Bermuda—the Bermuda Health Plan— one of the things that we have in there is to address this i ssue of mental health. And fortunately for the country and for Bermuda we have asked the Hospitals Board and they have responded, and if I can just read som ething else just to indicate that . . . as it relates to Bermuda—
The SpeakerThe SpeakerWhere are you reading from, Honourable Member ? Hon. Jeanne J. Atherden: I am reading from a F orensic Mental Health Services, a Strategic Outline Case. This was something that was developed in May. It is within the Mi nistry, but it just highlights the fact that the hospital is …
Where are you reading from, Honourable Member ? Hon. Jeanne J. Atherden: I am reading from a F orensic Mental Health Services, a Strategic Outline Case. This was something that was developed in May. It is within the Mi nistry, but it just highlights the fact that the hospital is working with us and, to use the layma n’s terms, they’ re on the case. And so, Mr. Speaker , it is interesting for us to know because I think it relates to something that the Honourable Member mentioned earlier as it relates to Bermuda’s prison population. In 2015, there were 200 inmates, and m any of those suffered mental illnesses, personality disorders, and addiction. And I think this is the point that the Honourable Member was trying to make, that if you looked at an island our size, projections should say that Bermuda should need about four secure hospital beds for peo ple that have mental il lnesses and need secure beds. But actually in a study that was done, Dr. Westerlund identified nine priso ners in Westgate in need of medium -secure forensic services. And that, I think, goes back to the question that we all have to understand. . . it is a combination of the high incidence of mental illness and drug depend ence in Bermuda. And these are some of the things that we are wrestling with in Bermuda that is different from other countries and, therefore, it makes it a challenge for us to turn up and come up with something that is going to produce something that is appropriate for us and, at the same time, making sure that we understand some of the constraints that we have. So I just wanted to make reference because I think it helps the Honourable Member and the prev ious speaker understand that because we knew that we needed to have this addressed, we have di scussed it with the Bermuda Hospitals Board, and the Bermuda Hospitals Board are leading the develo pment and the implementation of f orensic mental health services and they have put in place a project team to lead this initiative to look at that. So the public can be secure and aware that this strategic consi deration is under review. And the outline that I have here, which was in May, says that it is progressing, it is not sitting back on somebody’s back -burner, it is actually pr ogressing. And I just want to share one or two things because I think it ties into the whole concern that we have with respect to making sure that we do som ething about it, and that making sure that the pr ogramme which is envisioned is going to have some real legs to it and that going forward we can do som ething that says . . . understanding the issue, trying to make sure that people have a programme, and also as we go forward, in some cases, making sure that . . . because some of them are security risks, that we will have a secure forensic unit. So I just want to highlight the fact that while Mid-Atlantic Wellness Institute can deal with mentally ill people, the problem becomes . . . because some of them are dangerous and, therefore, Mid- Atlantic are not able to, in the long term, deal with people who have mental illness and people who are a danger not only to themselves, but als o to other people. So that is why [there is] the need for this forensic mental health service. And as it goes forward, the project team will be looking at continuing the needs analysis, which they have done initially, and then they will be starting to look at op tions. And obviously the options relate to . . . whether you turn around and look at what is out at Westgate, whether you look at what is at Mid- Atlantic Wellness, or whether you look at identifying other places where we can turn around and implement a solution. But I just wanted to say that we are, obv iously, not looking at one option which has to be put on the table, which is to do nothing. We are not going to do nothing. We are actually addressing this, and as we go forward this whole question of r esources, the whole question of funding, that will be part and parcel of what will be decided upon once we know which route we are going to go, then we will turn around and proceed. Obviously, at the same time, when I first came to the Ministry this whole question of, you know, whether Bermuda was in the position of being able to say, Could we have persons who need this secure treatment? Could we send them off the Island? That obviously could have been an option, but that option has certain constraints and certain issues related to it. But this case study is actually looking at all of these options and I really wanted to say, as it relates to the general Bill, is that we take this seriously. I have actually had an opportunity to go over and see the mental health court and see it in operation. And I was impressed, not only with the way it was set up, but also with the persons that are working in it now. And I think that as we go forward with moving it from som ething which was a test to something that is really now going to be permanent, then it is also going to help us from the point of view of moving it to the next level. And the whole question of whether . . . is it [going to be] in Health or in Justice, I think right now Health has all the parts that it needs to deal with it at the moment.
Bermuda House of Assembly And I think we want to get on with making sure that we come up the care, we come up with making sure that we understand the needs, and then, as it relates to the programme and how it works and the r esources, then I think that that becomes what I call the joint initiative, which is pr ogressing. And I think, Mr. Speaker , those were the other things that I wanted to talk about. So just to let you know that there is a case study, a business case study, and as that goes on that w ill deal with r esources and that will deal with what we should do going forward. And I think, Mr. Speaker , there is nothing else that I want to say because the Bill and the way the Attorney General has laid it out, I believe, is . . . and I have seen rec ommendations from my Mental Health Tribunal saying that let’s get on with making sure that it goes from a pilot to being properly established. So this is right where we want to go and we obviously support the Bill, and we look forward to the support, not onl y around the House here, but as we start to put things in place, we would like to think that we could have the support from the community to talk about the resources. And if we decide that one of the options is to have a place somewhere else where persons who are going to be treated have to be housed, I just want to make sure that we do not have that not in my bac kyard scenario. So when we go forward with this pr ogramme people will realise that it is good and that it benefits society. Thank you, Mr. Speaker .
The SpeakerThe SpeakerAll right. Thank you Minister. The Chair will now recognise the Learned Member from constituency 34, MP Kim Wilson. You have the floor.
Ms. Kim N. WilsonMr. Speaker , I would like to echo the sentiments of the Shadow Minister of Justice and Shadow Attorney General insofar as lending our su pport behind this legislation. This is something, obviously, that we have r equested and spoken about time and time again, the establishment of a mental …
Mr. Speaker , I would like to echo the sentiments of the Shadow Minister of Justice and Shadow Attorney General insofar as lending our su pport behind this legislation. This is something, obviously, that we have r equested and spoken about time and time again, the establishment of a mental health treatment pr ogramme— mental health court . I would also like to extend, effectively, my gratitude to the Department of Family Services as well as the Magistrate’s Court who have, since of October 2013 (not withstanding the absence of a legislative wraparound, having recognised the benefits of having a mental health court ), have implemented, as far as possible, a programme so as to minimise the impact that the criminal justice system is having on those of us wi thin our community who have mental illnesses. Mr. Speaker , you will recall a few months ago we debated something similar to this. And the topic spoke about mental illnesses and, in fact, almost one in four peo ple in this community suffer from some form of mental illness. So the fact that we are finally addressing, from a legislative remit, a position that has been operating in the last couple of years concerning the importance of a mental health treatment court, I think I too would like to join in and commend the Government for this. Mr. Speaker , anything that will help to drive people that have mental illnesses away from the criminal justice system and incarceration towards a treatment option—treatment for their mental health issues —is obviously something t hat needs to be commended. Mr. Speaker , I do, however, have a couple of concerns that I would like . . . and perhaps I missed it in the brief, so I apologise in advance to the Honourable and Learned Attorney General if these questions were answered in the brief, but there are just a few concerns that I would like to just get, perhaps, clarif ication on. One of the things I am hopeful of, Mr. Speaker , is that the prosecuting arm of our justice system will not use the mental health treatment court as a vehicle to deal with what we would refer to as “lifestyle offences.” And what do I mean by that? Mr. Speaker , we have already heard that there is a correlation in Bermuda with mental health and substance abuse issues. However, what I would hope is that the prosec utors, recognising that we have this mental health treatment court, do not “arbitrarily” (and I use that in inverted commas) put people that we know have mental health illnesses before the courts for lifestyle offences, such as being homeless. We know that there are a number of people that have mental health challenges and they are also homeless. And I would certainly hope that we do not see, now that we have a legislative framework for a mental health court, an increase of persons who have, perhaps, commit ted lifestyle offences, like being hom eless or maybe loitering and being pushed through the mental health court programme for being homeless, because, obviously, being homeless should not be an offence. And we have unfortunately seen in some j urisdictions where mental health treatment courts have been established that there has been an increase in the number of persons who suffer from mental health issues and who have committed social issue offences being put before the system and within the mental health c ourt. So I am cer tainly hopeful that the pros ecuting arm of our system would acknowledge that and recognise that and receive whatever type of awar eness to support that so that they are not effectively putting homeless people or people that have a mental health issue as well as being homeless before the courts just simply because they are homeless. 2214 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Another thing that I would hope that the Honourable and Learned Minister and Attorney General could perhaps provide me with some information on is with respect to the provisions in the Act which speaks about a person that has to effectively agree to undergo assessment. Now that is in the Act and we can speak about that a little bit more in Committee, but in order for somebody to get into the programme that individu al that appears before the court has to agree to commit to the programme. And I am just wondering what happens in circumstances where an individual, primarily because of their mental health issues, does not agree, and then they are going through the court system and then, therefore, they go through the prison system. Do we have the facilities or the infrastructure in place within our corrections facility to deal with ind ividuals like that who, because of their own mental health chal lenges, decide, I don’t w ant to go through the mental health court . I want to go through the prison system. Maybe they view it as a safer place, maybe they view it as a situation which will allow them to have housing, I do not know. But if perhaps the Minister could address that I would be very grateful. Also, what happens in circumstances, Mr. Speaker , where an individual who has been selected to participate in the mental health treatment pr ogramme stops taking their medicines? We have all probably been familiar with circumstances where there are certain mental health illnesses that either the medication has severe side effects so the persons choose not to take the medication, or alternatively the medication does not work as sufficiently as one would expect. So if an individual for varying reasons fails to take their medicine, they have not effectively commi tted a . . . they have not broken the law, but they have effectively violated a court order, so what happens in those ci rcumstances? Does that person then get passed through to t he criminal justice system, which could mean incarceration? So, if the Minister could perhaps provide a little bit of information on those two questions. Again, let me preface my comments by saying the whole presence of a mental health illness may mean that these factors are existing because a person may not wish to take medication for a number of reasons, or alternatively, because of their mental illness they cannot make a proper [decision]. All right? So if a person does have a men tal illness that impacts their ability to make a choice as to whether they want to go through the criminal justice system or through the mental health court , how do we address those types of individuals? I know the Act does speak to persons that are criminally insane; I am not speaking about them. I am speaking about somebody that has a lower . . . they have not reached the standard of the legal definition of insanity, but yet because of their mental health il lness they are challenged with making a proper as-sessment as to whether they want to go through the criminal courts or through the mental health treatment programme courts. Mr. Speaker , I also note that the issue co ncerning the Act speaks about if the offender has . . . is able to maintain a place in the community. Again, what happens in those circumstances? So a person agrees that they want to go into the mental health treatment programme, all the other conditions have been met where they have been found by the court to be a suitable candidate, they feel it is in the best inter-ests of the offender and the public for them to be in the programme, but they do not have a place of abode, they do not have . . . they are unable to mai ntain themselves in the community, which I presume, and I will ask the Minister to elaborate on that, does that mean that they do not have anywhere to live? So in those circumstances, everything else being equal, but they have nowhere else to live, does that mean that they are then debarred from being considered to be in the mental health programme because they do not have a place to live? And that seems to be a major concern because in addition we do know that there have been cha llenges with respect to housing people, and the Honourable Member did speak to that about the NIMBY [Not In My Back Yard ] concept , and that when that comes on board and when we do have more properties established for housing persons with mental illness, one would hope that we would all support that and buy into that prospect. B ecause what we do not want are people that would be perf ect candidates for the mental health treatment programme but for the fact that they have nowhere to live, then they become incarcerated and they have to go through the criminal justice system as opposed to a system that would help their ailment and their i ssues. The other thing, Mr. Speaker , is that I note that in some jurisdictions the sentences for mental health treatment programmes seem to be longer than what would be had they gone through the criminal courts. And when you look at this Act, of course, a lot of it mirrors the Drug Treatment Programme, but what I note is that under the Act where the Drug Treatment Programme has a requirement (and I am paraphras-ing) where you can be in the programme no more than three years, this Act that we are being asked to consider today speaks to five years. So already we are looking at what might appear as a disparity in sen-tencing insofar if you opt to be into the Drug Treatment Programme you can be released after three years. The court has the jurisdicti on only to impose a sentence of being in the programme for three years whereas if you are under the mental health treatment court programme, the court has the jurisdiction up to five years. So are we then creating a disparity that says if you have a mental health illnes s and you have committed the same offence, we can keep you under our treatment programme for five years, but if you
Bermuda House of Assembly have a drug offence and you have committed the same offence, we can only keep you for three? Are we now creating a disparity insofar as how we are looking at mental health illnesses compared to how we are looking at the sentencing pr ovisions? And finally, Mr. Speaker, the issue concer ning, again in the Act, in circumstances where if an i ndividual opts not to go into the programme and they have decided that they want to go to prison instead, or the corrections facility, (I think I asked that question), are there enough facilities or is the i nfrastructure in place to address that particular challenge? And having said that those are my slight observations, but again, I do, as echoing the comments of the Shadow Attorney General, commend the Go vernment for bringing this piece of legislation. It is timely. I am pleased to hear the Honourable Minister indicate that there are going to be amendments to t he Mental Health Act, because that is like older than you and me together, but needless to say I think that it is definitely a step in the right direction. We can take steps to not criminalise persons that for, perhaps, chemical reasons or biological reaso ns, or a number of other reasons they have a mental illness and they should not be forced to go through a criminal system for offences committed because of a mental illness and a challenge. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honour able Member. The Chair will recognise the Honourable Member from constituency 4, the Deputy Speaker, MP Holshouser. You have the floor.
Mrs. Suzann Roberts -HolshouserThank you very much, Mr. Speaker. First of all I would like to say I was pleased to hear from the Minister of Health because, indeed, the Criminal Code Amendment Bill that we have before us almost becomes null and void if the Department of Health does not work together …
Thank you very much, Mr. Speaker. First of all I would like to say I was pleased to hear from the Minister of Health because, indeed, the Criminal Code Amendment Bill that we have before us almost becomes null and void if the Department of Health does not work together with it. So, of course, I did expect and anticipate that with that one there would not be another. But Mr. Speaker, the words on this piece of paper, the Criminal Code Amendment Act, say very little by way of words in comparison to illness, it is very similar. Ind ividuals in society can recognise those i ndividuals who have a physical ailment they can reco gnise and they can heal. They can take a look at X-rays for broken bones, Mr. Speaker. They can take a look at blood tests for certain types of cancer. But one of the things that seems to have always historically gone by wer e those people who have mental illness, inclu ding society looking down on those individuals with mental illnesses. And, of course, as we know that mental illness has a wide span. So, Mr. Speaker, what I meant by “the words on this paper mean very little” is not that they mean little, this is going a long way to recognise an illness, Mr. Speaker, that people do not recognise either. So, Mr. Speaker, I am very pleased to stand to my feet to applaud both the Attorney General and then the Ministry of Health i n making sure that we recognise mental health as being an issue. What I anticipate that this Bill will actually do in time is to gradually see the decrease of individuals that are being incarcerated for crimes that histor ically individuals did not know what to do with some of these individ uals. They did not know. My concern is, of course, for those individuals that refuse the assessment because, quite frankly, as a result of their illness, as we have heard from the Member who recently took their seat, that is a monumental problem. And hopefully over time we will be able to address that as well. But Mr. Speaker, one of the reasons why I felt compelled to stand to my feet is for many, many years I have spoken about a certain mental illness that a lot of peo ple do not want to talk about, they do not want to hear, and they do not even want to recognise, Mr. Speaker, but it is a mental illness and that is that of a paedophile. But Mr. Speaker, the reason why I raise that under this Criminal Code Amendment Act is we are beginning the steps of recognising the importance of ensuring that those individuals with certain mental illnesses can have an opportunity to be monitored outside of the remit or the four walls of a prison env ironment. Because, Mr. Speaker, witho ut that the s ecurity of our community is not as tight as it should be. So in comparison to the last speaker who talked about a comparison of three years versus five years, I believe, Mr. Speaker, there are some illnesses that should be established for life. There should be some form of system that we can monitor and maintain a certain amount of medication, if required, a certain type of counselling, if it is required and deemed from the initial onset , remembering that those people that are tried under the C riminal Code Amendment Act will have been accused, or pleaded guilty, or found guilty of an offence. So, Mr. Speaker, I am not quite sure how that type of abuse or mental illness, is going to fall within our court system, but I believe that the Bill we ha ve before us is, indeed, a stepping stone for a healthier community and one that works with those who not only have physical ailments, but those that also have mental ailments as well. So, Mr. Speaker, I look forward to this moving out of a pilot programm e and into a full -time pr ogramme so that we can look at: decreasing the num-ber of individuals within our prison system, i.e. , also decreasing potential costs; but I would also like to, as we have heard earlier today, like to know that we have ensured the proper funding, as we heard from the 2216 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Minister of Health, has been put into place as a result of recognising the need and recognising where we as a people and us as a Government need to help our society move forward. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you. T hank you, Mr. Speaker. Mr. Speaker, we welcome this Bill and I thank the Attorney General for …
All right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you. T hank you, Mr. Speaker. Mr. Speaker, we welcome this Bill and I thank the Attorney General for bringing it. But I have my reservations that this Bill does not go far enough, Mr. Speaker, be cause with this here one has to break the law in order to get in the programme. Mr. Speaker, I know of this young man that needed mental help, and I went to the St. Brendan ’s to try to get help. And they said, Well, if he doesn’t come we can’t go get him. I said that does not make any sense. If I see somebody laying on the ground, I can call the ambulance and they will come get him and admit him . So it is okay, you can admit somebody who has got a medical problem, that is sane in the mind, but somebody that is not sane in their mind, you have no provisions for that. It makes no sense. And as the previous two speakers spoke about, once they get incarcerated or enter the system , [from] breaking the law, then they do not really have to . . . it is at their prerogative whether they are going to have an assessment or not. It makes no sense to me because that is the way it is now. Because if you do not get an assessment, go in for an assessment, we have to recognise that they have a problem, they probably do not know they need an assessment. So they probably would not agree to that. So this Bill . . . I do not know how we address it, but I think it is not right where someone has to break the law in order to enter a programme. And so I feel that this Bill does not go far enough because, you know, it to me is just . . . I do not know, we are just wasting time right now and I do not mean that i n any negative sense, but this does not address the issues that we have. Because the other thing is , do they have the facilities? No, they do not have the facilities to house these folks. It is not . . . you can say, we may have four beds . There are many p eople out there that need treatment —many of them —on the streets , and they have not made any provision at MWI [ MidAtlantic Wellness Institute] or wherever to house the numbers of people that we have that need treatment. So what is the sense of putting something in place when you cannot accommodate it? It makes no sense. Let us put . . . let us get the whole package complete first before we bring this here. We say, Well, we will do this , [but] now we try to find some money to make a facility for them down at MWI. It is backwards. So, Mr. Speaker, I would hope that some common sense will prevail and let us approach this thing in the proper manner so we will be able to pro perly help those people. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Learned Member from constituency 31, MP Shawn Crockwell. You have the floor.
Mr. Shawn G. CrockwellThank you, Mr. Speaker. Mr. Speaker, I would like to first just correct the Honourable and Learned Member from constit uency 34. She kept referring to it as the mental health court and I think, ultimately, that is where we want to go. I think that we would need to …
Thank you, Mr. Speaker. Mr. Speaker, I would like to first just correct the Honourable and Learned Member from constit uency 34. She kept referring to it as the mental health court and I think, ultimately, that is where we want to go. I think that we would need to have a special court that is committed to dealing with individuals with mental health issues. This is the creation of a Mental Health Pr ogramme, which will be administered through the court, but it does not , at this point, reach the level of being a separate court for those with these issues. The Honourable Member also said, and I agree, that it i s timely . But I also believe that it is delayed. I think that we have failed, and when I say as a government , I am talking about a collective Gover nment —Government over the years. We have failed to address this issue, which is a significant issue, Mr. Spea ker, where you will find quite a significant number of individuals that may be dealing with mental health issues. I heard the Minister, the Attorney General, the Honourable and Learned Member, reference 500 inc idents , and I believe that was maybe in the l ast year. That is a sub stantial number, which to me, justifies having a separate court to deal with this. And then he also said (and he may want to enlarge on this b ecause I may have heard him wrong) that at the pr esent moment there is a half -day of expert ise set aside to deal with this. Again, I do not think that that is suff icient. I think that we need to take a more fulsome ap-proach—
[Gavel]
Mr. Shawn G. CrockwellI think you may have di stracted him, Mr. Speaker, in what you may have whi spered to him a minute ago, but I appreciate that, Mr. Speaker. I think we need to take a more comprehensive approach. I do believe that this is probably the first step. The first …
I think you may have di stracted him, Mr. Speaker, in what you may have whi spered to him a minute ago, but I appreciate that, Mr. Speaker. I think we need to take a more comprehensive approach. I do believe that this is probably the first step. The first step in what I hope will be many more steps in this direction. And let me say that I supp ort the legislation, I think that the legislation will help further reduce recidivism, particularly in relation to ind iBermuda House of Assembly viduals who are struggling with mental illness , and it is the mental illness that is the catalyst to the criminal behaviour. It may also mitigate the bias and discrim ination of what may be very common in our jurisdiction against individuals who are suffering from mental il lness. You will recall, Mr. Speaker, in this House not too long ago we passed legislation, an amendment, in relation to the Human Rights Act which would protect individuals that are suffering from mental health i ssues and mental impairment. I have to say about the definition in the Mental Health Act 1968, I do not think is satisfactory enough. It is way too general, if you will permit me, Mr. Speaker, under that particular piece of legislation “mental disorder” is defined as “mental il lness, arrested or incomplete develop ment of mind, severe personality disorder, and any other disorder or disability of mind; and ‘mentally disordered’ shall be construed accordingly.” You know, I could not write a list of what mental disorders are based on that defin ition. And I think that we need that. I think people need to understand what we are talking about when we are talking about “ment al disorder.” I think that as a juri sdiction we have not done an adequate job in educating the community on this topic. We have not because we still have people i ncarcerated who are mentally insane and they go up to Westgate. We have had very unfortunate i ncidents, Mr. Speaker, where people as a last resort . . . can you imagine if you are suffering from a mental disorder, no one is recognising it, you are not getting treatment for it, you are being treated as a criminal as a result of it, you get put into Westgate, and we wonder why we have seen individuals commit suicide in these conditions? And that is an indictment against our system. The system failed those individuals b ecause we did not have the proper process, we did not have the proper facilities, and we did not have the proper expertise to address those individuals. So those individuals found themselves in a difficult situ ation and their last resort was to take their own lives. And so, certainly, this is an issue that needs to be addressed by this Government. And I believe that we need to have more education, we need to un-derstand the types of conditions that are out there, Mr. Speaker. I believe that one of the biggest mental health issues, and it is probably very common, is d epression. Lots of peopl e suf fer from depression. And these are functioning people; these are people that hold, you know, qualitative jobs, executive positions, in our community, suffering from depres sion. And if you are depressed, Mr. Speaker, you do not care sometimes what you are going to do. You are not . . . especially if you are going through a particular period of depression, you may not care about the cons equences at that time of you being in a depressed state. And so it is a very common disorder which I do not think peopl e apply their minds to very often. And I think people just may , you know, say, I’m just having a bad day today . Or, you know, I’ve had a couple of bad weeks . Not really appreciating that they may be dea ling with a mental issue. And, again, as I have said before, mental i ncapacitation or mental disorders are no different than physical ones . You know , if you need to get a knee replaced, Mr. Speaker, you get your knee replaced. It is a physical issue. Well, the mental is just as fragile as the body, as the phy sical, and if individuals have an issue that produces some form of mental disorder, then they need to get the same attention, they have to have the same, you know, they have to be diagnosed appropriately and then have the proper treatment. And I do not thi nk we have focused on the proper treatment because if people get treated, then you will not have some of the incidences that we have seen. We also need to understand the methods of acquiring the condition. What is the correlation b etween drug use and mental impairment? My understanding based on my research is that it is very close. There is research out there, Mr. Speaker, which shows that heavy marijuana use leads to mental di sorders. In fact , even in this jurisdiction it has been exposed that because Berm uda is small we have seen a very high incidence of people using marijuana and having some form of , in some cases , schizophrenia, Mr. Speaker. And go speak to the individuals at MWI and they will tell you, young men, men in their 20s , are going there and they will find a correlation b etween marijuana use and that particular mental disorder. We need to understand this. The people in the country need to understand it. Young men who think that smoking marijuana is hip and good because it is an herb need to understand that correlation, Mr. Speaker, so we need to have greater education. What are the triggers of some mental illness es? [That] also is very important, Mr. Speaker. So I do believe that this is a good first step. I hope that there are other programmes or legislative initiatives that will be coming soon after we pass this today. One of the concerns I have, which I would echo the Member that just took her seat from constit uency 5, is when you look at the Act, the Act . . . this programme is set aside for i ndividuals who qualify. So there is a suitability component. There is an agreement component; the individual has to agree to go into the programme. Then there has to be evidence that there is support in the community to maintain the individuals, so somewhere to live, someone who is going to be, I guess, financially supporting the individual. Then there is the best interest of the offender criterion. And then this one which, I think is good, best interest of the public. But when I saw that I said to myself , Well, we need a programme for the individuals out there who are a menace to public safety . I would rather have that programme before we have a pr ogramme for someone who is not going to be a risk to public safety. This is saying that that is part of the assessment. The assessment is , are you suitable, et 2218 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly cetera, and then you get down to , you know, by ha ving you in this programme and not incarcerating you, that you will not be a risk to public safety. That is good. But I am more concerned about the guy wal king around that is a risk to public safety because of a mental disorder. And what are we doing about that? How are we identifying that? We see people walking around every day on our streets that we know have a mental disorder, that can . . . what is going to trigger them into attacking som ebody? And we know who they are, we see them every day, and nothing is being done. And when someone gets killed, then we are going to come, we are going to rush to Parliament to try and remedy it, when we know it is there. I n fact, there was a video going around some time ago of this individual threatening a security officer working in Hamilton and the security officer was just trying to get this person off of the premises that they were there to guard, if you will. And the p erson threatened them and charged them and, you know, what would have happened? We know that these individuals are out there, we know that they are a risk, and there is nothing in place to ensure that they get the proper treatment and that the public is pr otected from these individuals. So, again, you know, we need to make sure we have the appropriate facilities. We need to make sure that we have the appropriate expertise. For some time, Mr. Speaker, we did not have the adequate ps ychologists at Westgate to address these issues. If you have 500 incidents you need to have sufficient exper-tise on hand. And so I believe that we need to, at the end of the day, have a mental health court that will have the proper support, the proper expertise there, and that we have in the community the necessary facilities to ensure that those who come and say , I have this i ssue, I need help, can get the help. And certainly if we can have a community pr ogramme in place that will be beneficial as well. And those who may not have t he ability to do that, as the Honourable Member from [constituency] 34 said, they may not have the mental capacity, they may not be compos mentis to be able to say I have a problem, I need help, I have agreement . They may not have the community support, Mr . Speaker. Those individuals, in my view, are more vulnerable and those individuals, I believe, we need to make sure that we have the adequate facilities to help so that we can ensure the safety of them and the safety of the community. Thank you, Mr. Speak er.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will then revert back to the Learned Attorney General, who is piloting the Bill. Hon. Trevor G. Moniz: Thank you, Mr. Speaker, and I thank Members for their contribution. Some of the m atters I would prefer to deal with in Committee, …
All right. Thank you, Honourable Member. The Chair will then revert back to the Learned Attorney General, who is piloting the Bill.
Hon. Trevor G. Moniz: Thank you, Mr. Speaker, and I thank Members for their contribution. Some of the m atters I would prefer to deal with in Committee, particularly those from the Honourable and Learned Member from constituency 34, I think some of those are better dealt with in Commi ttee. You know we are accused of all sorts of things here— going too slow, maybe going too fast, and not doing enough or doing too much. We are going ahead at what we think is an appropriate pace. The pilot programme was set up under my predecessor the Honourable and Learned Member , Mr. Petti ngill. The pilot project has done ver y well. It has obv iously . . . all the parties on new territory with talking about close collaboration between court services, cor-rections, the police service, prosecutions —all these people have to work together , and there have to be places where we can put these people. So all of that has come together, it has taken a couple of years, and we think it has gone in an orderly fashion. We think it has worked well. We have not heard of disasters coming out and being complained of. We think the pilot programme has been exceptionally successful. And I would like to congrat ulate all the members of the team that have worked on the programme, including the Magistrates —everyone involved —and I think it has been very successful. We have decided to move to the next step. Of course some people are saying, Well, you’re not going far enough. But the nature of these programmes is that, and we can address it more in Committee, but it has to be in the public interest, so you cannot have someone out there who is violent and likely to murder someone if you do not put them in a secure enviro nment. They have to agree to it. They have to want to get better. If they do not want to get better , they are not going to benefit from this type of a programme. There are obviously other types of programmes. And there are levels of programmes out there. You know , I am not the Minister of Health, but you know there are outpatient services at MWI, there are inpatient services at MWI, there are psychological services at Westgate, there are a plethora of services. Can they be improved? Yes, I agree they can be improved, and that is what we are working on. The Minister of Health has already said that there are changes to the Mental Health Act . Honourable Members have said that the Mental Health Act is old and out of date, and certainly it is time to update those provisions in that Act. And we are happy to say that that is in hand, it is being worked on. But I am glad that Members today have agreed that this is a good measure. The Honourable and Learned Member who is the Shadow Attorney General, Michael Scott, spoke about money issues. And I think going forward, you know, there will need to be more resources put towards this. And that is the thing about a successful pr ogramme, the more successful it is, the more resources you are going to have to put to it. But hopefully it is going to save you som eBermuda House of Assembly where else because, as I mentioned be fore, there is the overriding objective of getting people out of the criminal justice system, treating them appropriately , as we are doing in the Drug Treatment Programme, as we are doing in the Mental Health Programme. Yes, these are programmes rather than courts , but we must remember that Bermuda is a very small jurisdiction so we have to tailor things to the size of our comm unity. And hopefully we can deal with appropriate conditions in an appropriate fashion. Having said that, Mr. Speaker, I move that the Bill be now committed.
The SpeakerThe SpeakerAll right. Thank you, Honourable Learned AG. It has been moved that the Bill be c ommitted. Are there a ny objections to that? Then I would like to ask that the Deputy Speaker please take the Chair [of Committee] . House in Committee [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE …
The ChairmanChairmanMembers , we are now in Committee of the whole House for further discussion on the Bill entitled Criminal Code Amendment Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Trevor G. Moniz: Madam Chairman, I think it is perhaps just …
Members , we are now in Committee of the whole House for further discussion on the Bill entitled Criminal Code Amendment Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor.
Hon. Trevor G. Moniz: Madam Chairman, I think it is perhaps just easiest if I move all the clauses of the Bill—
The Ch airman: That would be [clauses] 1 through — Hon. Trevor G. Moniz:—[clauses] 1 through 7.
The ChairmanChairman—seven . Are there any objections to moving clauses 1 through 7? No objections. Please proceed. Hon. Trevor G. Moniz: I am obliged, Madam Chairman. The Bill seeks to amend the Criminal Code Act 1907 to provide for the establishment of a Mental Health Treatment Programme to be administered by …
—seven . Are there any objections to moving clauses 1 through 7? No objections. Please proceed. Hon. Trevor G. Moniz: I am obliged, Madam Chairman. The Bill seeks to amend the Criminal Code Act 1907 to provide for the establishment of a Mental Health Treatment Programme to be administered by the courts, as an alternative to incarceration. Clause 1 is the title section, which is self explanatory. Claus e 2 provides an interpretation section in respect of this Act. Clause 3 inserts new sections 68A and 68B. Section 68A, among other things, provides for the establishment of a Mental Health Treatment Programme to be admini stered by the courts; for a court t o order an offender with a mental disorder or a mental i mpairment who has been accused of an offence and has pleaded guilty to or been found guilty of the offence, to be enrolled in the Programme for a period of up to five years; and for the courts to moni tor the offender during the period of his enrolment. An offender may also be enrolled in the Programme as a condition of a probation order or a supervision order, provided the offender has attained the age of 18 years and meets the requirements of section 68A(3)(b) and (c) and [subsection] (4)(a) to (e), and such enrolment expires no later than the date on which the probation order or superv ision order expires. As Members have said, the provisions of the Mental Health Programme very much duplicate the provi sions for the Drug Treatment Programme with small changes, such as the longer period of five years compared to the period of three years that was in the Drug Treatment Pr ogramme. Section 68B applies certain sections of the principal Act, with the necessary modifications, when an order is made enrolling the offender in the Mental Health Treat ment Programme. The modifications to section 70C(2) and (3) insert words which provide for an order not to come into force or not to continue in force when an offender has been hospitalized (a matter which the principal Act presently provides for when the offender has been imprisoned). Clause 4 amends section 70C of the principal Act to provide for an offender to be enrolled in the Programme as a condition of a probation order. Clause 5 amends section 329E(4)(d) of the principal Act to provide for an offender to be enrolled in the Programme as a condition of a supervision order. Clause 6 validates orders made during the period the court administered the Mental Health Treatment Pilot Programme. Clauses 7 provides for this Act to come into operation on such day as the Minister may appoint by notice published in the Gazette. Perhaps I might continue and address some of the points that were raised. I do have a redline ver-sion if the Member is interested in looking at exactly how it fits into the original Act. Just come over. [Pause]
Hon. Trevor G. Moniz: And it is a little bit easier, perhaps, when you see it in a redline version with the original legislation. Now, the Honourable and Learned Member from constituency 34, Kim Wilson , made a number of points which I would like to address. 2220 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly First, the Honourable and Learned Member spoke to the risk of prosecutors using the Mental Health Programme arbitrarily for lifestyle issues [like] homelessness , and these are difficult issues. We heard the Honourable and Learned Member , Mr. Crockwell , refer to people who are on the street who represent a danger to others and something should be done and it is not being done. But on the other hand, the Honourable and Learned Member is saying that there may be people on the street who are homeless who would be put away when they are actually har mless, even if they have a problem, a mental health challenge. And that is a question of finding the correct balance in society , and I am not going to suggest . . . it is a difficult one which is why we have the professionals and we are getting them to all work together. And I think the overriding thing here is we are going to have to watch as the pilot programme becomes a proper programme to see how the agencies work t ogether going forward. And , you know , I am sure there will be people who will report if they see anything that they view as untoward. You know, Madam Chairman, you yourself were concerned wi th some people who might have a condition that lasts longer than five [years] , it is really a lifelong co ndition . We are not really provisioned at the moment to deal with people in a lifelong situation , such as you suggested for paedophiles. So there are issues there . But then, you know , obviously there are advocates . And I mentioned when I started that I had sought input from Saul Dismont who works a lot with these sorts of cases . And he certainly is an advocate. H e certainly speaks out publicly when he t hinks it is appropriate . But I have certainly reached out to him for his private comments as to where we might improve the system , and I will continue to do so going forward. The second point I think that the Honourable and Learned Member from constituency 34 was tal king about was someone having to agree to undergo assessment. And that is a regular condition of these that you have to agree because it is really a voluntary programme. If you do not want to participate, if you are not going to cooperate, there is no way to really force you. And the alternative is incarceration where they have a corrections psychologist who is going to call in a psychiatrist, for example from MWI , if it is necessary , or someone might have to be put in a s ecure unit, if it is necessary. So if you do not cooperate . . . but you do rely upon advocates within the system to provide friendly and supportive advice to the indi-vidual because they may not instantly realise what is in their best interest. It may take some time for them t o realise and, obviously, you want them to be given the appropriate opportunity to calm down and to get advice from someone that they view as friendly and supportive rather than it being an adversarial system. And that is really the idea of it and that is what we hope to achieve. There are also, obviously, other provisions under the Mental Health Act whereby someone can be sectioned, if someone has not committed a crim inal offence, but you know, where they can be put into MWI for a period of time to be ass essed. And that can be done voluntarily or it can be done by a psychiatrist to hold them to be as sessed before they go back . . . you know , sometimes it is before a court, they can be sectioned by the court. So, you know , there are other provisions, is what I am saying. It is the Mental Health Treatment Programme; it is not the be- all and end- all. There are other provisions, as I said, with outpatient treatment for people to assist them in taking their medication on a proper basis; there are other pr ogramme s for that. And another point that was raised by the Honourable and Learned Member , Kim Wilson , was speak ing of the issue of people who stop taking medication and, as the Member said, there are a variety of reasons. Sometimes people do not like the side effects, it may make them groggy or . . . you know , if you do not get the dosage right it may produce more side effects. And so, obviously, the professionals are going to try to work through all of those problems. But within the provisions of the Act it spe aks to the sort of incentives , but also the conditions that you have to comply with . So, you know, it is not like a light switch —you are in or you are out —but there are sign posts along the way. This is what you are expected to do and if you do well these are your rewards . And if you do not do well you are brought up short and [told], No, no, no, you have to take your medication. Y ou have to behave accordingly. Obviously , we have all the professionals there to assist, to make sure that people make a proper choice, that they are able to make that decision in an appropriate fashion. So hopefully you have them in the right place when they are in that court and that is why it is not meant to be a frightening place. It is meant to be a place of support where you are getting assistance to deal with the challenges that you have. And one of the questions raised was about a person maintaining a place in the community. And that is obviously a challenge. We have to be able to do that. Obv iously one of the risks is if you have a person that other persons . . . there might be other patients or other members of the programme who view [this pe rson] as dangerous . They do not want to be around that person. So, obviously , it requires a comfort level for everyone, the other participants in the programme as well as the professionals from the various areas. So it is quite a balancing act and I admire people who are able to do that. The five- year maximum as opposed to three years in the Drug Programme, that is only a max imum , and I guess the view was taken by the professionals that that was appropriate when looking at
Bermuda House of Assembly other similar programmes, so we did not create this in a vacuum. The members went away, I think it was to the Buffalo Mental Health Court, and we looked at other models, so we drafted this based on that input and that experience. I think the last one . . . my note is if someone opts to go to prison. A nd that is a choice that people can make, to say , Well, I’d rather go to prison . But even if you go to prison there are still going to be r equirements . There is going to be a prison psychol ogist, there will be a psychiatrist called in if it is neces-sary and we will deal with those issues as they ap-pear. It is not as if someone goes into a correctional institution and then they get no support. There is still support there for people. So, obviously, some conditions are more serious than others. And Members have spoken on depression, which can vary from mild to severe. Members have spoken of schizophrenia which is obviously a very serious condition. There is a huge and broad range of different conditions that peo-ple suffer under , particularly with the co- occurring situations of drug d ependency as well as mental health. So at that I would leave it for Members to pitch in. I h ope I have answered some of the questions which were raised so far.
The ChairmanChairmanThank you, Attorney General . Are there any other Members that would like to speak to clauses 1 through 7? The Chair recognises the Learned Member from constituency 36. You have the floor. Hon. Michael J. Scott: Thank you, Madam Chairman. So I am glad that the Learned Attorney Ge …
Thank you, Attorney General . Are there any other Members that would like to speak to clauses 1 through 7? The Chair recognises the Learned Member from constituency 36. You have the floor. Hon. Michael J. Scott: Thank you, Madam Chairman. So I am glad that the Learned Attorney Ge neral has moved all seven clauses. I will speak broadly to all seven clauses, if I may. And I did note that the Learned Attorney did speak to the clause 3 dealing with section 68A and 68B that there was the establishment of the pr ogramme for monitor ing, making sure . . . and then the criteria were given that the person has attained age 18 and has been assessed and that they would be monitored with in the programme. And I noted that the Learned Attorney General did not say monitored and treated. I do not know whether that was just a brief statement that lacked that word or whether it is to be inferred that there would be treatment. But very plainly treatment is obvious ly needed , that is what we are talking about here today. And I am going to take it as read, that treatment must be read with that. Again, speaking generally to [sections] 68A and 68B that establish the programme within our courts, a lot of this is about . . . and I am reflecting on both the Attorney General ’s observations and all other Members, including my colleague, the Learned Member—both Learned Members —Ms. Wilson and Mr. Crockwell. And can I deal first with the point taken about the seeking of an agreement and consent of a mentally disordered person who is in the criminal justice system? A lot of it, in my view, and I do not pr ofess to be an expert or a doctor, but a lot of it is about understanding mental illness. And I think the Ho nourable and Learned Member , Ms. Wilson , had a broad range of possibilities, but generally I think that when the mentally challenged offender is in court and the question is put do you agree? by and large they are going to be capable of giving an answer —by and large because only the very, very mad offender is so mad— maybe it is schizophrenia or maybe it is really deep Axis III conditions —that they ca nnot compr ehend a doctor or someone assessing them, asking a question, Do you wish help? Generally mentally diso rdered persons are still capable of making an informed decision about that. That is the one point. And again, to the Honourable and Learned Member Mr. Crockwell’s point about the dangerous offender, I mean, I think most of the mental health disorder pr ogrammes deal with persons on the diagnostic manual’s Axes from I down to about III, only when you are drifting into very, very serious mental disorder with violence, I mean, you will be recognised and you are not going end up being . . . you will re cognis ed as not suitable, if I may put it that way, for a treatment programme. You really are going to have to be not only monitored, but detained and treated. I think that the tests are important and I have not got very many queries about the hours involved. I note that under the Drug Treatment Programme it is a thousand hours and we have some flexibility under these amendments of between . . . up to and including a thousand years are substituted— a thousand hours , thank you —
[Laughter]
Hon. Michael J. Scott: —is substituted and up to that five-year period. In other jurisdictions I do note that they speak in terms of thousands of hours or up to a thousand hours. But I take the point of the Learned Attorney General and it is giving flexibility and it says “up to five years” and it gives, we hope, some flexibi lity. And then on the question of whether persons, again, are agreeing, Madam Chairman, to their being qualificants for this treatment programme, I can recall that this i ssue was grappled with when I was the Attorney General as well. And some of it was constit utional issues that came into play that you simply ca nnot force people to go into any of these kinds of pr ogrammes, you have got to adhere to their constit utional rights as well. So we were told by one of our counsel in the days as far back as when Dame Lois was there, Mrs. Stains , we were grappling with this, that you simply have to . . . you cannot force people, you have to be compliant with people’s constitutional rights. So it is a hurdle for us, but it is a reality too. I 2222 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly believe that the Honourable and Learned Member , Ms. Wilson, when she sat in this position, has come across this requirement. And so I think we can move along. Those are my observations. I am grateful.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 7? There are no other Members. The Chair recognises the Attorney General . Hon. Trevor G. Moniz: Thank you, Madam Chairman, and I thank all the Members for their input, which is gratef ully …
Thank you. Are there any other Members that would like to speak to clauses 1 through 7? There are no other Members. The Chair recognises the Attorney General . Hon. Trevor G. Moniz: Thank you, Madam Chairman, and I thank all the Members for their input, which is gratef ully received. And I, again, thank all the public officers for their very hard work on putting this into place. I take no credit for this myself, but this has taken a lot of effort over a number of years to pull people together, and all I can do is undertake that Government will give its full support to whatever is needed to make it a reality and to make it work and to improve it in the future. Thank you, Madam Chairman. So then I would, again, move clauses 1 through 7.
The ChairmanChairmanIt has been moved that clauses 1 through 7 be approved as printed . Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 7 passed.] Hon. Trevor G. Moniz: I move the Preamble.
The ChairmanChairmanIt has been moved that t he Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. Trevor G. Moniz: I move that the Bill entitled the Criminal Code Amendment Act 2016 be reported to the House as printed.
The ChairmanChairmanIt has bee n moved that the Bill ent itled the Criminal Code Amendment Act 2016 be approved and given to the House without amendments. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. Trevor G. Moniz: Thank you, Madam Chairman. [Motion carried: The Criminal Code …
It has bee n moved that the Bill ent itled the Criminal Code Amendment Act 2016 be approved and given to the House without amendments. Are there any objections to that motion? No objections. Agreed to.
[Gavel] Hon. Trevor G. Moniz: Thank you, Madam Chairman.
[Motion carried: The Criminal Code Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.]
House resumed
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
CRIMINAL CODE AMENDMENT ACT 2016
The SpeakerThe SpeakerThank you, Honourable Members. So that is the second reading of the Criminal Code Amendment Act 2016 and it has been approved as printed. We now move on to Order No. 5, which is the Bermuda Civil Aviation Authority Act 2016 and that is in the name of the Minister …
Thank you, Honourable Members. So that is the second reading of the Criminal Code Amendment Act 2016 and it has been approved as printed. We now move on to Order No. 5, which is the Bermuda Civil Aviation Authority Act 2016 and that is in the name of the Minister of Economic Development, Dr. the Honourable Grant Gibbons. You have the floor.
BILL
SECOND READING
BERMUDA CIVIL AVIATION AUTHORITY ACT 2016
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Bermuda Civil Aviation Authority Act 2016 be now read the second time.
The SpeakerThe SpeakerAre there any objections? Carry on, please, Minister. Dr. the Hon. E. Grant Gibbons: Thank you. Mr. Speaker, I am pleased to introduce the Bill entitled th e Bermuda Civil Aviation Authority Act 2016. The Department of Civil Aviation, often known as the DCA, is responsible for the development of …
Are there any objections? Carry on, please, Minister.
Dr. the Hon. E. Grant Gibbons: Thank you. Mr. Speaker, I am pleased to introduce the Bill entitled th e Bermuda Civil Aviation Authority Act 2016. The Department of Civil Aviation, often known as the DCA, is responsible for the development of policy and regulation of civil aviation activities in Bermuda, which includes maintaining the Bermuda Register of A ircraft. Civil aviation is considered an external affair and, therefore, responsibility is substantially retained by the Governor who designates his powers in accordance with the Air Navigation (Overseas Territories) Order (the Order) to the Director of C ivil Aviation. The principal functions that fall under the designation are, firstly, to ensure that civil aviation in Bermuda con-forms to the standards and recommended practices of the International Civil Aviation Organisation, otherwise known as ICAO; tha t the safety of air navigation and aircraft, including air worthiness, is addressed; also the regulation of air traffic; the certification of oper aBermuda House of Assembly tors of aircraft and licensing of air crews; the certific ation and licensing of airports; the licensing of ai rcraft maintenance and other aviation personnel; the licensing of air transport services; the inspection of aircraft; the continua tion and maintenance of the register of aircraft; the continuation and maintenance of the re gister of aircraft mortgages and t he register of aircraft engine mortgages; the i nspection of airports, including airport safety management practices; as well as the inspection of air transport operators’ facilities, air traffic control facilities, air navigation aids , and aircraft maintenance facilities. That is the list for which the Governor is r esponsible and has delegated to, currently, the Director of Civil Aviation. Mr. Speaker, the DCA must adhere to intern ational standards and be scrutinised by regulatory agencies external to Bermuda. Notwithstanding, the current operating model of the DCA inhibits the ability of the d epartment to fully meet its regulatory oblig ations as well as inhibits the expansion or growth to the register of aircraft. In addition to growing the register, the DCA will need to ensure its inspectors —current and future— are the best in the industry so that Bermuda not only remains competitive in a highly lucr ative industry, but attracts new business while sustai ning the operation with little or no dependence on th e government in the long term. Mr. Speaker, the change to a quasi - autonomous operating model is in following with best practice in the industry, which also supports one of the many recommenda tions coming out of the SAGE R eport, which is also in line with UK Government aviation policy. Mr. Speaker, I think for the avoidance of doubt, because I have heard some confusion here, this particular quango that we are talking about should not be confused with an Airport Authority that may be proposed for the govern ance and operations of the new airport, which is another issue entirely. So I just wanted to . . . for the avoidance of Honourable Members’ confusion here. So, by comparison, various models of civil aviation authorities have been implemented in numer-ous c ountries and territories. And those include: Aruba, the Bahamas, the Cayman Islands, Ireland, Malta, New Zealand, San Marino, the Turks and C acaos Islands, and the United Kingdom. Mr. Speaker, the Bermuda Register of Aircraft is highly respected in the international arena and en-joys a reputation for being a self - and well -regulated register. Mr. Speaker, Bermuda has the tenth largest aircraft register in the world with approximately 756 aircraft, which is down from 761 last year and 775 the year before. The majority of these aircraft are oper-ated by Russian airlines and with the Russian eco nomy in a downturn, the DCA has realised a slight de-cline in the growth of the register over the last two years in this sector. Despite the slight decline, regi stration s in the private category of aircraft have stab ilised over the last two years with a 5 per cent increase last year. Now, with the continued increase in compet ition with other jurisdictions, the DCA must remain nimble and vigilant. Diversification of the r egister is vital to its conti nued success , and the United Kingdom is supportive of this initiative with the transition of the DCA to an Authority. It is envisioned that this trans ition will provide the nece ssary financial and human resource autonomy that i s needed to ensure complete compliance with regulatory oversight responsibilities, while allowing the Authority to quickly adapt to client and market demands. Diversification into other r egions of the world has the potential to result in up to 200 more air craft being placed on the register in the next five to seven years. Depending on the size of aircraft, this could result in an estimated $7 million of additional gross revenue. Mr. Speaker, while Bermuda’s excellent credibility and high standards of regul ation are well regarded in the offshore aircraft registry industry, we must continue to support civil aviation to maintain this reputation as well as capitalise on this vital revenue stream. Companies or private individuals seeking to register their aircra ft have many registers worldwide to choose from and the DCA remains mindful of this competition. The client base of the DCA is mostly outside Bermuda and, in turn, with the [interna tional] competition clients expect a high standard of service or they could choose to take their business elsewhere. As the posts within DCA are highly technical in nature, the department must remain competitive to attract quality personnel to maintain the current register, to capitalise on new opportunities, and secure new regi stry clients. Mr. Speaker, under the Authority model, the Government’s interests are protected by appointments to the Board of Directors. While the Authority is quasi - autonomous, it is still connected to Government through the legislation and the Government still has the ability to deliver on its objectives under this model. The Government also benefits by the Authority : 1. continuing to flow revenue to Government’s Consolidated Fund, based on an agreed formula; 2. maintaining a favourable relationship with the United Kingdom Government; 3. moving the human resources outside of Gov-ernment, which reduces the public service employee numbers, moves the payroll and benefits expense outside of Gov ernment, and keeps staff employed; 4. reducing administrative demands each department currently places on Government r esources, such as finance, human resources, and ITO, thus freeing up critical time for these support departments to provide services to 2224 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Government ministries, departments, sections and business units; 5. having the abili ty to respond to clients’ r equests in “business time”; and finally 6. allowing Bermuda to be more competitive in a highly lucrative industry.
Mr. Speaker, it is against the many benefits outlined in my brief presentation today that the Go vernment is support ive of the Department of Civil Avi ation moving into this quango status and we look forward to supporting the DCA as they grow the register and make Bermuda even more competitive in this i nternational business. Mr. Speaker, finally , I would just like to express appreciation to the members of the Department of Civil Aviation who have been involved in the wor king group that has essentially promoted this transfer from the Department of Civil Aviation to a quango, the members in the Attorney General’s Chambers, and a number of other senior civil servants in transport, ec onomic development, and finance who have also been involved, working with Government House and others to make this transition possible and to make sure ev erybody is on the same page. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you very much, Dr. Gibbons. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member MP Lawrence Scott, who has the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. I would first like to start off by saying that in principle we on this side are in favour of creating the Civil Aviation Authority. However, I believe that the best way to ex plain our concerns is that we believe that civil aviation and the …
Thank you, Mr. Speaker. I would first like to start off by saying that in principle we on this side are in favour of creating the Civil Aviation Authority. However, I believe that the best way to ex plain our concerns is that we believe that civil aviation and the Authority and the Gover nment should be treated like shark oil in the sense that everything is fine when the two are separate, when the white cloudy substance is separate from the oil itself that is when you know you have got good weather, that is when you know everything is going to work perfectly. And I think that the way that this Bill is written draws a lot of concern and a lot of ire because . . . civil aviation should be totally separate from the Gover nment. If, for example, the FAA in America is totally separate from the Government of the United States in the sense of . . . President Obama cannot tell civil aviation what to do. In the UK, Prime Minister Cameron cannot tell —
[Inaudible interjections ]
An Hon. Member An Hon. MemberFormer. Former.
Mr. W. Lawrence ScottWell, I will use, for example purposes , I will use Cameron, he cannot tell civil avi ation what to do because they are separate. T hey are . . . the thing is . . . and in here the Act or the piece of legislation in which civil …
Well, I will use, for example purposes , I will use Cameron, he cannot tell civil avi ation what to do because they are separate. T hey are . . . the thing is . . . and in here the Act or the piece of legislation in which civil aviation operates under right now was never passed in this Parliament. It was act ually adopted by this Parli ament but passed in the UK. So, therefore, that means that civil aviation does not answer to the Government, they answer to the Governor, because they are representatives of the Governor and the UK. So, therefore, we should keep that sep arate. We should keep them separated in the sense of . . . I am trying to figure out exactly the best way without using a lot of aviation terminology . We should really keep them separated because when it comes to . . . imagin e this, Mr. Speaker, if a US plane was to crash in Syria today, do you think that the Assad r egime government dictator ship would allow an Obama delegation to go into his country? No, he would not. But he would allow the NTSB because the NTSB is not seen as part of an administration or governmental administration. They are seen as basically just a board . . . they are seen as a representation of transportation and transportation safety. So that is what we need to make sure [of], how our civil aviation is r eceived and seen in its entirety. Because what ha ppens is that we need for our [civil aviation] individuals here to be able to travel the world, go into any country at any time, and not have to worry about the fact of whether or not they can get visa clearances or an ything like that. Mr. Speaker, when it comes to the Civil Avi ation Authority , I think that what [causes] me some ire is the fact that this Government is trying to tie civil aviation to them financially through the Minister of F inance, in the sense of he who controls the purse strings controls the department. Because what hap-pens if civil aviation needs money in the next year, and the Minister keeps doing budget cuts and they cannot hire the people that they need to hire? Mr. Speaker, they should be separate fina ncially in the sense of . . . remember this is one of the Government’s biggest money makers . Right? They generate ap proximately a $17 million surplus every year. Therefore, they can be self -sufficient. They should be self -sufficient. Once again, that is one of their mandates in the civil avi ation in the UK , to be self-sufficient, Mr. Speaker. Also, what the Government will say is that they need to answer to the Minister of Finance for a check and balance to make sure that everything is runni ng hunky -dory and no one is doing anything u ntoward. Yet there is also a clause that they would be audited by the Auditor General. So if they are being audited by the Auditor General they do not need to have the Minister of Finance checking and approving their spending. Once again, they make their money on their own, anything that is not being used goes into the consolidated fund. I also believe that it might not be necessary for the Government to loan civil aviation the money for start up because they generate $17
Bermuda House of Assembly million. Why not use the money that is being generated by this department for the start up, Mr. Speaker? That is a question that I would ask the Mini ster. Why not , instead of having a loan which would therefore tie the Civil Aviation once again to the Go vernment, why not have them just use their surplus, their $17 million [for the] start up? Now, if that is not possible, instead of having a formal loan, there is a clause in this Bill that says that there are special pr ojects that if civil aviation needed additional funding for special projects, they can go to there, they can go to the Government for that. Instead of having a formal-ised loan, and having the civil aviation tied to the Government for that, why do we not just have them utilise the speci al projects [provision] for the start -up money? That way, once again, you do not have . . . because what happens is that the Minister is the one that picks the Civil Aviation Board . And once again, whoever is pic king the board controls the way that it is run because they are not going to . . . so, therefore, what should happen is that . . . and I think my understanding, I could be wrong, but my understanding is that the Governor gets to pick only one of the board members, while the Minister and the Minister of Finance get to pick the rest. That means that the board would be basically doing or voting or deciding, based on what the Minister of Finance and the Minister wants to happen. So therefore that is where I have some serious concerns. You know , if you lo ok at it in this legislation, once again, we are sort of piggy -backing legislation that was not written, that was not passed in this House of Assem bly, but over in the UK and we are adding Minister and Minister of Finance into it. So, therefore, what happens is that when you look at this piece of legislation you have the Minister and Minister of Finance referred to approximately 20 times throughout this piece of legislation. But yet, Civil Avi ation, who is a representative of the Governor , is only mentioned approximately three to five times. So they are, effectively, trying to write out the power or sort of water down the authority that the Governor has over our air routes, which is what naturally happens. Mr. Speaker, part of our success as an aircraft registry is the fact that our tail number is effectively neutral in the sense of when you have VP . . . right now I will e xaggerate to prove a point. An “N” regi stered number, so you have November 1, 2, 3, 4, whatever , that is indicative of aircraft that is registered in the United States. “G” stands for Great Britain, so on and so forth. But when you have that “VP” —that Victor papa— on the back of your aircraft, nobody is going to theoretically associate you with . . . I will say . . . I am trying to figure out how to explain this . Once again, a “ VP” registered, or Bermudaregistered, aircraft could fly into Syria and not have to worry about being shot down versus an “N” registered aircraft. Therefore, the owners , a lot of owners, and then also a lot of owners start to flock to our registry because it gives them freedom of movement around the world. Also the fact that our registry is separate from the Bermuda Government, but once again in line with the UK regulatory policies and procedures, which means that ther e is a quality that is associated with us, but yet there is also the freedom of movement. You get more freedom of movement because you get the same quality and vali dity in being registered in Bermuda without the restrictions of access of being registered i n the UK. So, therefore, if you . . . and that is part and parcel because we are going to be separate from the Government. I do not think that the Go vernment should have any real say, any real power, over civil aviation. I believe that civil aviation shoul d remain totally independent and self -sufficient. So, Mr. Speaker, I also wonder about how it seems as though this Government is now doing the same thing with civil aviation that they did with the BTA and the crea tion of the BTA. And we see how well that w orked—or it did not work —when you have so many questions that were unanswered, all of a sudden it became . . . there was no . . . there was supposed to be transparency, they were supposed to be funded by the Government for the first three years and then af ter that they were going to be self - sufficient, but yet they are still being funded by the Government. Mr. Speaker, there is so much confusion when you are trying to tie something that is supposed to be independent or autonomous to the Government. Once again , civil aviation needs to be able to make real world, real -time decisions. And if they cannot do that you are hindering them , you are literally tying their hands behind their backs. And that is what happens when you have to go to the Minister of Finance or the substantive Minister to get any type of approval for funding or anything else. I have yet to see, Mr. Speaker, in the history of this Parliament , and I encourage any other Member to prove me wrong, where a Minister has gone to the Director of Civil Aviation and said, I think this is what you need . And the Director of Civil Aviation saying , Oh yeah, you’re right . I didn’t think of that . I need that. Please help me to get it. No! it has always been the exact opposite way around; it has always been the Director of Civil Aviation going to the Government and saying , Hey, we might need this policy put in place . We might need that put in place. Therefore, if the Minister is not advising Civil Aviation how to do their job, if the Minister is not adding quali ty to the way that Civil Aviation does their job, if the Mini ster is providing almost no benefit whats oever, or very little benefit, why do we need to have Civil Aviation answering to the Minister? Now I do not have any problem with the clause that says that Civil Aviation . . . that the Mini ster should be kept in the loop or the information loop 2226 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly of Civil Aviation to know what is going on within Civil Aviation, I have no problem with that. But what ends up happening is that when you start tying Civil Avi ation’s hands by basically tying them to the Gover nment , that is somewhere where it goes, according to my research, it would go against international best practices because the most effective civil aviation authorities are independent and self -sufficient and self - sustaining. So, if it stays as is I will have quite a few amendments to propose when we go into Committee. But just going through my notes here . . . and yes, if you look at page 16 and page 22 , it seems as though that is . . . you have to get that f ar back into this Bill . This Bill is what, 29 pages? You have to go back to page 16 and page 22 before you start seeing that the Governor is actually . . . the Governor is being reco gnised as being the person who has the authority , outside of being in the Interpretations when they say “ authority, ” that is the Governor. So, therefore, when it comes to this Bill, this Bill very vaguely, very . . . in a very limited way shows —
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of order if I may.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: I think the Honourable Member is misleading the House unintentionally here. The Governor starts to appear in section 4, but we can get into that in Committee, I guess , as well.
The SpeakerThe SpeakerYes, yes. Dr. the Hon. E. Grant Gibbons: So the Governor is certainly well represented here, I can assure the Honourable Member.
The SpeakerThe SpeakerAll right. Thank you. Carry on, MP Scott.
Mr. W. Lawrence ScottAll right. Thank you, Mr. Speaker. Now, I mean, for me . . . if they want to talk about the Governor being very well represented within this Bill, why do they then go through . . . and I will go into . . . I think it goes …
All right. Thank you, Mr. Speaker. Now, I mean, for me . . . if they want to talk about the Governor being very well represented within this Bill, why do they then go through . . . and I will go into . . . I think it goes to section . . . it goes into like section 5 when it comes to approval of bor rowing money and so on and so forth, I would say let the Governor be the one that works out the approval for funding because, once again, they are representatives of the Governor, they are not representatives of the Government. So they should not need appr oval from the Minister. When it comes to the b oard of d irectors, the Minister should not be the one that is picking the board of d irectors, it should be the Governor. So if the Governor . . . then when it comes to works , the work plan and budget, once again, I think that should go back to the Governor. When it comes to the transfer of net surplus, that should go back to the Governor. But yet all of these things that I am talking about go through the Minister. So, if the Governor is supposedly so well represented in this Bill, why is he left out of the main parts? But, Mr. Speaker, we just had a discussion and one of the statistics that was put out there was that one out of every four Bermudians suffers from mental illness and there are 36 of us up here.
Mr. W. Lawrence ScottBut, Mr. Speaker, I digress, but what I want . . . what I am trying to show you is that the Governor, when it comes to the main parts, when it comes to the meat and potatoes of this Bill, when it comes to who really controls Civil Aviation, …
But, Mr. Speaker, I digress, but what I want . . . what I am trying to show you is that the Governor, when it comes to the main parts, when it comes to the meat and potatoes of this Bill, when it comes to who really controls Civil Aviation, who really is the . . . where the buck really stops in Civil Av iation, it always . . . it is not the Governor, not according to this Bill. According to this Bill it is the Minister of Finance and the substantive Minister, Mr. Speaker, and that does not fly, pardon the pun. So, Mr. Speaker, what I am trying to say is that this Government needs to know their role and stay in their lane. And right now they are trying to go outside of their jurisdiction, outside of best international practice and trying to take over . . . they are tr ying to . . . if I did not know any bet ter, Mr. Speaker, I would say that this Government is trying to hedge their bets by controlling the regulatory body over the airport . If you look at the FAA , as an example, the FAA controls who builds airports, where, what , and how. So, therefore, maybe, t he fact that the Minister of Finance gets to help pick who sits on the board of directors of the Civil Aviation Authority might be putting people in place to make sure that Aecon can make sure that the airport goes through the way that the Minister wants i t to go through and how he wants it to go through.
Bermuda House of Assembly Hon. E. T. (Bob) Richards: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, yes, Honourable Member. POINT OF ORDER [Misleading] Hon. E. T. (Bob) Richards: The Honourable Member is misleading the House. T he entity being proposed by this Bill has nothing whatsoever to do with the redevelopment of the airport —nothing whatsoever.
The SpeakerThe SpeakerAll right. Thank you. And Honourable Member when you speak, stay on the principles of the Bill so you can stick . . . you know, rather than get specific in terms of some of the details , you know, the general principle of what the Bill is trying to …
Mr. W. Lawrence ScottI am going to need your guidance because this is something I am passionate about, Mr. Speaker —
The SpeakerThe SpeakerYou discuss the general, the economic, whatever principles are in terms of moving this particular Bill forward.
Mr. W. Lawrence ScottOkay. And I take your point, Mr. Speaker. The general principle is that this Bill falls short of doing what it is intended to do. And the reason it falls short of doing what it is intended to do is because the Gov ernment is too involved. And I believe …
Okay. And I take your point, Mr. Speaker. The general principle is that this Bill falls short of doing what it is intended to do. And the reason it falls short of doing what it is intended to do is because the Gov ernment is too involved. And I believe that the Government is too involved because . . . and this is in comparison to other jurisdictions and other authorities, as I say, the FAA, as I say, the CAA in the UK which is basically who we come under. I wholeheartedly b elieve, and I wil l take my seat after this, that the Civil Aviation Authority should r emain a separate and ind ependent entity in all aspects from the Bermuda Government.
The SpeakerThe SpeakerThank you . Thank you, Honourable Member. The Chair will now recognise the Learned Member from constituency 31, my neighbour —
Mr. Shawn G. CrockwellYes, sir. Yes, thank you, Mr. Speaker. Mr. Speaker, sometimes I get very confused when I am in this Honourable House hearing from the other side. I can recall, and I see the Honourable Member w ho was once a former Transport Minister when . . . he is not …
Yes, sir. Yes, thank you, Mr. Speaker. Mr. Speaker, sometimes I get very confused when I am in this Honourable House hearing from the other side. I can recall, and I see the Honourable Member w ho was once a former Transport Minister when . . . he is not in his seat at the moment, and he may have been helpful to the Honourable Member that just took his seat, but when we presented these initiatives in our Throne Speeches ––and we have done so in consecutive years because it took numer-ous steps to get here ––and I made it abundantly clear that the Government was going to be creating a quango model, but it will be called the Civil Aviation Authority, we got full support. In fact, not only did we get support from the other side, they tried to take credit. The former . . . the Opposition Leader —
The SpeakerThe SpeakerYou have a point of order, yes? POINT OF ORDER [Misleading]
Mr. W. Lawrence ScottThe Honour able Member is misleading the House. I started off by saying that we support this Bill in principle, but it is the way they are going about getting to the finish line that we have i ssues with.
Mr. Shawn G. Crockwe llThank you, Mr. Speaker. The Opposition Leader tried to take credit for it, Mr. Speaker, and got up and said , Well, they are taking our ideas. And so to come and say today that you agree with it in principle, but accuse the Gover nment of trying to do …
Thank you, Mr. Speaker. The Opposition Leader tried to take credit for it, Mr. Speaker, and got up and said , Well, they are taking our ideas. And so to come and say today that you agree with it in principle, but accuse the Gover nment of trying to do s omething somewhat underhanded, bringing , what he said, a plethora of amendments, is somewhat, in my view, contradictory to pr evious pronouncements in the House. But the Honourable Member who just took his seat has got it wrong and he is referring to the F AA as his reference, and maybe as his comparison, to what we are trying to do there. Now , let me say , I have said it in the past and I will say it to today, that I defer to those Honourable Members in this House— and the Honourable Member who just took his seat is one of them —who have experience in aviation. I do not pr etend to have that type of expertise and the Honour-able Member has experience in avi ation. But as the former Minister and as the Minister who basically did most of the work in relation to the legislation that we 2228 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly are going to see before this House today, I can tell you that our reference point is not the FAA, although we have to work with the FAA, Mr. Speaker, very well. Our reference point is the CAA, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member? POINT OF ORDER [Misleading]
Mr. W. Lawrence ScottThe Honourable Member is misleading the House. I referenced the FAA in co njunction with the CAA UK many times. So I do not know if he was li stening or not, but I did reference the CAA.
Mr. Shawn G. CrockwellOur reference point is the CAA, which is the Civil Aviation Authority. The Ho nourable Member said that there is too much gover nment involvement in this legislation, but if he is aware, the CAA, which he just said he referenced as well, is a public corpor ation of the …
Our reference point is the CAA, which is the Civil Aviation Authority. The Ho nourable Member said that there is too much gover nment involvement in this legislation, but if he is aware, the CAA, which he just said he referenced as well, is a public corpor ation of the Department of Transport for the United Kingdom. It falls under the Department of Transport. He complains about the fact that this Government will be appointing members of the board, but if he would look at the CAA he will find out that the Transport Secr etary, the Honourable Patrick McLoughlin MP, appoints members of the CAA.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading]
Mr. W. Lawrence ScottThe Honourable Member is misleading the Hous e in the fact that he cannot use . . . he cannot compare the two, that is apples and oranges, because the UK is not a dependent territory, we are.
The SpeakerThe SpeakerAll right. Thank you. T hank you, Honourable Member. Carry on, Honourable Member.
Mr. Shawn G. CrockwellThe CAA has its board members appointed by the Secretary for Transpor t and that is the major reference point for the depend-ent territory of the UK. So it only makes sense for this jurisdiction to look at the model of the UK and ascertain what is appropriate and what …
The CAA has its board members appointed by the Secretary for Transpor t and that is the major reference point for the depend-ent territory of the UK. So it only makes sense for this jurisdiction to look at the model of the UK and ascertain what is appropriate and what is not appropriate. So to accuse the Government of being inappropriate, not being best practice for having control of who we appoint to the board is erroneous because one of the best authorities around is the CAA. And the Honourable Member said he referenced it, the CAA, the FAA, and the CAA is part of the UK Government, it falls under the Department of Transport , and the Transport Secretary appoints members to the board. In fact, he just reappointed two members recently, Mr. Speaker. So let us, you know, let us not . . . and this is a good thing for the country . Everything does not have to be antagonistic, everything does not have to touch on the airport’s redevelopment, Mr. Speaker. This is separate and distinct. It is something that this Go vernment has been working on for years. It is som ething that I understood the Opposition and former Mi nisters of Transport understood the value [of] because at the end of the day, as the Honourable Member who just took his seat highlighted, that this current depar tment is one of the highest revenue generators, Mr. Speaker —$27 million last year. And as the Honourable Member said correctly, when you look at the ex-penses which are around $9 million, then we are looking at about an $18 million net revenue from this department. This Government has challenges in genera ting revenue. Why in the world would the Government give up $27 million in revenue when we are struggling to generate revenue? So clearly, the best business proposition is to find a way to allow the Department of Civil Aviation (right now) to be able to operate more as a business, more as a commercial entity, so that it could be nimble, so that it could respond to market trends, market changes. As the Honourable Minister who introduced the Bill said, recently we have seen a downward trend in the economy of Russia and I have seen the Head of the Department of Civil Aviation have to make decisions based on these things, but he still has to go through the proper channels, he still has to go through the Ministry, he has to get approval from the Permanent Secretary in some instances. We need to remove that bureaucracy and allow the people who
Bermuda House of Assembly know what they are doing to get on with running the Authority in a commercially efficacious manner. So, clearly , I support this. This is a Throne Speech initiative of this Government. It is getting done, slightly a little late, Mr. Speaker, as we promised to try to have this up and running by the first of May, but as the Minister who made that pronounc ement, I always believed in having aggressive tim elines. Sometimes Honourable Members, l ike the Ho nourable Member from constit uency 29, will hold my feet to the fire when I put a date on something. And that is fine. But I like to have an aggressive timeline because if I fall short , I do not fall too short, Mr. Speaker. So here we are in July . We are getting it done, Mr. Speaker, and as the Minister said we have a well - respected Civil Aviation Department now, which will become an Authority. I will be speaking on the Bill that is coming up shortly in relation to the maritime industry. And so we have a well -respected and a well - managed registry. I would like to commend Mr. Thomas Dunstan who is here in the Chamber today, for his hard work, his expertise, and the fact . . . I mean, wherever I go when people refer to the registry, the civil registr y, they have high praise for Mr. Dunstan as well as for the heads of the maritime as well, Mr. Speaker, as well as the very competent staff there at the Depar tment of Civil Aviation. But this is a very competitive industry and, again, a very lucrative one, and the objective of this legislation is to put the proper infrastructure in place so that the A uthority, the registry, can grow. It can grow. It is doing very well, but because of the various changes that are out of the control of the registry, it wants to have the ability to operate like a commercial entity and be able to respond to these changes and capture new business and grow. And in order to achieve this, Mr. Speaker, the registry must operate like a business. And so that is why we are doing this. But the Government must also be prudent; the Gov-ernment cannot lose the revenue associated with this registry. So this is a prudent way forward, Mr. Speaker, it is a best -case scenario for the Government. What the Honourable Member . . . and I have no pro blem with his co ncerns here. The Government cannot get in the way of the Authority being able to do its job and do its job well, but the Government cannot abdicate its responsibility with the registry . It is too important. Just like in the UK , the UK Gover nment has not abdicated the function of civil aviation and the regulation of the aviation industry. Aviation safety is extraordinarily i mportant and it is something that, at the end of the day, if there is a significant issue where there is liability involved and all of that is covered at the D epartment of Civil Aviation and will be in the Authority, but the Government will be involved. The Government has to play an important role as it relates to civil aviation safety. So, again, I would like to commend t he Mini ster for getting us here today and I hope that Members on the other side see the benefit to this. It is good for the country. We need to keep the revenues. And the whole point of it is not just keeping the revenues, Mr. Speaker, we want to augment t he revenues. That is why we are doing this, so that it can have the ability to attract new business so that we can increase the revenues which, at the end of the day, is good for the Government and good for the country. 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. I just have a few words I would like to express in support of this legislation, this Bill, Mr. Speaker. First of all, let me say that I fully understand the need for the Government to have a far greater degree of flexibility in dealing with …
Thank you, Mr. Speaker. I just have a few words I would like to express in support of this legislation, this Bill, Mr. Speaker. First of all, let me say that I fully understand the need for the Government to have a far greater degree of flexibility in dealing with civil aviation. I know that in a very competitive marketplace there are a number of things that a fully enshrined government entity can do in a very nimble way. I understand that we have lost some key staff be cause they have found more attractive, shall we say, compensation packages offered by other registries and we need to have the flexibility in place to ensure that we can retain our competitive position. So that part is quite sensible and we need to support it. I have default position when it comes to adv ocating power to the Governor, Mr. Speaker, and I will not go into that because I am not going to—
[Inaudible interjection]
Mr. Walton BrownI am consistent, but I am not going to go into that for our purposes today because it is a matter of record and I am not going to address that in any su bstantive manner at all. I have just two questions for the Honourable Minister. At some point …
I am consistent, but I am not going to go into that for our purposes today because it is a matter of record and I am not going to address that in any su bstantive manner at all. I have just two questions for the Honourable Minister. At some point a few years ago Government House raised concerns about the large number of Russian regi stered aircraft. And I want to know whether or not that is still a matter of concern, how it was addressed or resolved, and what is the antic ipated ratio going forward? I know that my understand-ing is that a large percentage of the registry comprises Russian aircraft. I want to know what the ratio is today and what the expectation is going forw ard in terms of expansion. And the only other question I have relates to liability. We are a small jurisdiction seeking to expand its aircraft registry and my understanding is that when there is an accident, the registry has the responsibility to investigate, and the costs of that investigation are 2230 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly borne by the registry. If I am incorrect , I am happy to be corrected. But I would like to know what contingencies are in place to ensure that we actually have the capacity to undertake an investigation of any ki nd of major accident. I think of the . . . I believe it was the Malaysian flight that went down in the Asia- Pacific region and the cost that was associated with that i nvestigation. So it is really just a query as to what the nature is of the liability, what has been put in place to adequately address that issue, and if we could be i nformed about those measures? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you very much, Honourable Member. The Chair will now recognise the Minister for Finance, Minister Bob Richards. You have the floor. Hon. E. T. (Bob) Richards: Thank you very much, Mr. Speaker, just a few words here. One of the fundamental reasons behind this action by the Government, as …
Thank you very much, Honourable Member. The Chair will now recognise the Minister for Finance, Minister Bob Richards. You have the floor. Hon. E. T. (Bob) Richards: Thank you very much, Mr. Speaker, just a few words here. One of the fundamental reasons behind this action by the Government, as the former Minister of Transport has eloquently said, is that the G overnment saw that this was an area where we could actually increase the revenue to Government. This is a rev enue earner. But quite frankly there is, I am not sure what the ratio is, but there is a kind of ratio between the number of inspectors and number of aircraft on the registry. And when there becomes too many ai rcraft per inspector, we get ourselves into trouble. A few years ago, I think under the former Government , that ratio got into some difficulty and the UK Government basically made some statements about we have to, you know, stop expanding the registry because we do not have enough inspectors. So that was , if you like, a warning sign that perhaps we needed to have another model which could enable us to get more inspectors. The problem was, of course, that the d epartment was a government department. I was astonished to hear the Honourable Member , Mr. Scott , talk about the relationship with Government as though this was going to somehow make it closer to government . It cannot be any closer to Gover nment now, Mr. Speaker. The status quo is that it is a go vernment department, you know? And the problem with that is that the gover nment has its own structure for remuneration or compensation. You have, you know, the PS levels, ever ybody knows that , and these PS levels were not necessarily appropriate for aircraft inspectors who are people of very specific training and qualifications, certainly not the likes of which you are going to find many of them in Bermuda for starters . But even irrespective of that , they are just hard to come by if you are going to be matching a government pay scale. So the answer was, of course, to form a quango, which we are doing today. So there are two sides to this. First of all, you can get more flexibility for compensation t o basically compete for the limited number of qualified aircraft inspectors around the world. And second of all, in order to do that you can access what really is a huge potential market. I will just bring to mind, Mr. Speaker, this past week an aircraft deal between Boeing Ai rcraft Corporation and Iran was announced for $24 billion in new aircraft. And there was another deal announced a few months ago, a similar type of scale, with Airbus . You know, multi -billion dollar deals with Iran who, of course, has not been able to buy a new plane in 30 years. So they have got the money, but they did not have a situation where they could buy planes because there were sanctions against them. So just imagine the potential for this registry under these circumstances. The potential is huge. And so what we are doing here is positioning the Bermuda registry in a way where we can avail ourselves of what really is a unique opportunity in the aircraft industry where there is going to . . . there is a country out there, not R ussia, which has financial diff iculties, there is a country out there with a whole lot of money with a huge need for new aircraft. And those aircraft need to be registered somewhere, not necessarily in Iran. So this is the opportunity that we have with this new structure, and so I think the Honourable Member , Mr. Scott , maybe got the wrong end of the stick here, but you know, it is no secret that the Bermuda Government, as my honourable colleague who just took his seat said, is in need of greater revenues. So this satisfies that. It also gives them the flexibility on the cost side. But one of the things that we were particularly concerned about when this was going through the motions in terms of getting this done, was that we did not want to create a monst er that was going to spend a whole lot of money and all this new revenue they got was not going to come back to the consolidated fund. I mean, the whole point of this is to get more money into the consolidated fund, Mr. Speaker. That is the whole point. So we went, if you like, the extra mile to ensure that the kind of controls we want to have on budgeting and money management, et cetera, were there because the Government , not necessarily this Government, but certainly Governments of Ber muda in the past hav e spawned quangos and they would go out and create empires, have big salaries, have huge overheads, huge offices, fancy offices, and whatever extra revenue that they earned ends up being soaked up in overhead and the Government does not come out any better off. We were very keen to prevent that from happening. So when my colleague, who is lead-ing this Bill, starts talking about some of the things that are in there, controls that we put in there, they are for that particular reason. So we want to take advan tage of this opportunity out here. W e want to give the register the ability,
Bermuda House of Assembly the flexibility to prosecute that opportunity . We want all of that to happen. But at the same time we do not want it to run amuck and have people building empires without the owners of the registry, i.e. , the Be rmuda Government, not getting what was what the i ntention was in the first place. So those are all the comments I have. Thank you.
The SpeakerThe SpeakerThank you. T hank you, Minister. Any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor. Hon. Michael J. Scott: Thanks, Mr. Speaker. So, Mr. Speaker, in this discussion of this A uthority that is sought …
Thank you. T hank you, Minister. Any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor. Hon. Michael J. Scott: Thanks, Mr. Speaker. So, Mr. Speaker, in this discussion of this A uthority that is sought to be created, I take the lead of the Shadow Minister of Transport that the principle of the Authority is something that the Opposition and the PLP have always supported. And I note that the Mini ster for Economic Development has declared that this initiative, and he has now been supported by the Mi nister of Finance, has as its singular focus driving money into the consolidated fund. And I go back to the point of the Shadow Mi nister. I think there should be concerns if we begin our approach to this whole question about . . . this whole question by having as our reference point the Chicago Convention. It is a well -known Convention controlling and regulating aviation, civil aviation. And prominent amongst these Conven tion Articles from I through to XVI, certainly , civil aviation safety is paramount , not allowing weapons to be carried on aircraft , use of your own sovereignty over your ai rspace, are amongst the Articles that ascribe power to countries subscribing to the Convention. ( Let me remind myself of some of the others .)
[Pause]
Hon. Michael J. Scott: Right to make flights against state territories only with permissions, landing and customs at airports, rules as uniform as possible to ensure compl iance with other contracting states. Now, if we seek in this jurisdiction . . . and these are al l foreign affairs issues, really they are. I assume that we have been given some delegation of powers to pursue and control civil aviation. I believe that obviously obtains. The primary function of these revenues from civil aviation are obvious and are recognised, but if we seek to have ministerial involv ement and intervention, exclusively, narrowly, focused upon fiscal concerns as opposed to the broader Ch icago Convention safety and security concerns, and if we monetised all of these Articles , I mean Minis ters now, under these provisions, will be able to look at all of the conventions, particularly the convention about control ling who goes over our air space and how we collect revenue from it, but if we seek to monetise every article, every power within these articles that gives us our sovereign rights to control our air space in a way that drives money into the consolidated fund, do we make ourselves more competitive in the world or less competitive? Will we be accused of simply creating civil aviation as a cash register for Bermuda and will that make us more competitive or not? These are some of the concerns that we raise and were raised by the Shadow Minister of Transport. And I think they are legitimate warning signs to us. Without going into the . . . and delaying until we get into the Committee, the Minister’s capacity and powers to ensure that his directions are discretionarily applied to policy of civil aviation and as to matters r elating to finance. Now that is a very narrow focus that these amendments are contemplating. I submit, hum-bly, that best practice, and/or comparative legislation with Civil Aviation Authorities with independent coun-tries no less , is that the Minister’s involvement becomes allowable on matters of national interest. Well, finances, I think, can be argued as a national interest, but it is national interest, if you compare other legisl ation to deal with ensuring security and safety. We have created this animal that has narrowed it into finances and policymaking. And, as I understand and as I read the legislation, it is a discr etionary power of the Minister which the Board must — so it is mandatory —the Board must follow. And so that, again, is the concern of the Shadow Minister. This is intervention that is inescapable. It is interv ention which is irrefutable, at the hands and say so of the Minister. And so I think these are legitimate concerns that we need to be concerned with. I am glad that we seek to subscribe to the Chicago Convention. That is meant to be both the mandate and t he standard of all recognised and respected civil aviation authorities. And if we are to do that then that is what we should do as opposed to bastardi sing it into a purely financial exercise to help what we have heard over and over from this Government , an initiative to drive more rev enue, to take us out of this struggle of r ecovery and to drive revenue. We cannot put on the altar of the ex-pediency of refunding and more funding, Chicago established . . . Chicago Treaty Convention established Articles that deal with security and with traditional and best practices in terms of civil aviation in Bermuda. So I caution the Government to prove me wrong that my analyses are not as I state them, but the Act makes it perfectly clear, particularly clear, that this fo cus is not on national interest having to do with security, national security, particularly in a world of terrorism and carrying of weapons and carrying of arsenals, but to finances and just general policy. And it is a little worrying, in my respectful vie w. So I want to flag those, if I may put it that way, as concerns that were echoed by the Shadow Minister 2232 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly that we hope that this Bill is not going down this particular rab bit hole into an Alice in Wonderland land that is going to make us less competitive. Thanks.
[Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair]
The Deputy SpeakerDeputy SpeakerThank you very much, Member. Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituency number . . . just bear with me for a second, constituency 15, Pembroke East, Mr. W. H. Roban. You have the floor.
Mr. Walter H. RobanThank you, Madam Deputy Speaker. I would just like to weigh in and certainly rei terate the support in principle that the Honourable Member for constituency 24 has already reiterated. But at the same time I do hope that the Government gives careful consideration to some of the concerns that …
Thank you, Madam Deputy Speaker. I would just like to weigh in and certainly rei terate the support in principle that the Honourable Member for constituency 24 has already reiterated. But at the same time I do hope that the Government gives careful consideration to some of the concerns that have been raised and note that they are actually brought forward in the best interest of this wor king in the way that we believe it should. As has already been clearly stated by Members of this side of the House, that certainly the Pr ogressive Labour Party has, in principle, supported the road that this Bill is seeking to take and we credit the Gover nment for moving in this direction. It was a d irection that we certainly, in my former role as the Mi nister of Transport, had di scussed with Civil Aviation, looking at and exploring because we understood the limitations that they were confronted with as a d epartment that . . . whose work really exists outside of the jurisdiction of these 22 square miles, and that is plain. So to have them, perhaps, stymied by some of the limitations that the local Government require of its own operation to an organisation t hat essentially must do most of its work exclusively in the international marketplace competing against other international players of its comparable size and expertise and sometimes more superior to garner some of the ult imate opportunities that are in the civil aviation industry of which Mr. Dunstan and his team, I would say, have done an outstanding result up to this point. And this Government has sought to continue that and we credit that effort. And this Bill certainly is an effort to step in the direction to give commercial muscle to the Civil Aviation Department so that it can get out there, not only to compete for some of the market opportunities that the Honourable Minister of Finance talked about with the growing amount of air fleets and aircraft that are being built . Clearly , with the opening of certain markets with countries like Iran and possibly even countries like Cuba and others that are building aircraft and it does not seem as if the building of aircraft is going to stop anytime soon, certainly the global recession did not stop that either. So this d epartment must have the ability [to grow] as is the same case for the Bill that we are going to be debating after this. These departments must have that c apability. We support that. We are pleased that this is being pursued, but I do believe that the Government should see that our amendments and the concerns raised by the Honourable Member on this side are to not stymie or limit their efforts, but to, in our view, en-hance them and ensure that what is done is kept to . . . keeps the operation of the civil aviation [and] a future Civil Aviation Authority to the international standards that it must maintain , and we are fully aware of what those are. So I look forward to seeing whatever happens post this Bill to the Civil Aviation administration under Mr. Dunstan and his team. I look forward to them being able to pursue good commercial practice and to compete in the international marketplace. We also look forward to seeing them have the opportunity t o prepare other Bermudians in this field as well and have the ability to do that, that the revenues, the i ncreased revenues that they will earn will benefit the public coffers , but also will create a greater env ironment beyond what they have now to ensure that f uture Bermudians can efficiently get into this industry. And we have the capabilities and the talent here which we must face, despite all our efforts to want Bermudians to be working in that, this is a particular industry that must rely on internatio nal talent. It is a lmost impossible for it not to. All of our other competitors, the people who they use come from all over the world. You know , we are not a big jurisdiction so we do not have an airline industry here that can train our people. So anybody who is in this field locally has to go out there to get their skills , and they have to do it with other people around the world. So we may be, as a result of these changes, even looking for other people from around the world to work in our Civil Aviation Authority so that we can do the work we have to do. We understand that, but we also hope that there will be opportunities for Bermudians with this change, and with these changes to see other Bermudians getting into the civil aviation field. But we understand the challenges that this department currently faces and we support the effort to create an organisation that can do more, earn more revenue for the country, be a greater asset, but also to be the best at what they do and what they currently do, and we d o hope these changes will enhance that. But we ask that the Gover nment take our proposed concerns and possible . . . any amendments that are proposed seriously because it is not to stymie or to inhibit, they are to enhance and to ensure that this future Authority meets all of the requirements that we all hope it will.
Bermuda House of Assembly Thank you very much, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak? The Chair recognises the Opposition Whip. You have t he floor.
Ms. Lovitta F. FoggoYes, thank you, Madam Deputy Speaker. I do not normally get up and speak on areas outside of, I guess, my expertise, but I think that I am standing today to try and at least support the argument that our Shadow Minister was trying to make. And I think the …
Yes, thank you, Madam Deputy Speaker. I do not normally get up and speak on areas outside of, I guess, my expertise, but I think that I am standing today to try and at least support the argument that our Shadow Minister was trying to make. And I think the main argument that he was making did not speak against the implementation of an Authority. It was more to speak to, I suppose, where the real authority lies given that we are still a dependent terr itory—
[Inaudible interjection ]
Ms. Lovitta F. Foggo—dependent overseas terr itory, thank you, Member. And as such then that means that our ability to speak on the international stage is not quite there yet. It usually falls under the remit of the Governor, the Queen’s rep resentative. In fact, I think everybody is familiar with the Constitutional …
—dependent overseas terr itory, thank you, Member. And as such then that means that our ability to speak on the international stage is not quite there yet. It usually falls under the remit of the Governor, the Queen’s rep resentative. In fact, I think everybody is familiar with the Constitutional Order [section] 62, which definitely speaks to the fact that the Governor has the sole remit of speaking on international rel ations. And our airport falls under international regul ations. I think the Member was trying to impart to the House the fact that any authority that is being put in place, if they are assuming more controls and (excuse the play on words ) more authority, then we have to make certain that the entrustments are in plac e, given by the Governor, which will allow that authority to do just that. Otherwise we may find ourselves in a situ ation where we have issues. I think that the amendments that our Member is bringing today are to ensure that we, in fact, do not run afoul and to ensure that the Authority is operating under the regulations and in accordance with the regulations so that whatever negotiations have to take place can take place without any hindrances and are in accord with the prevai ling legalities. So on that note, Madam Deputy Speaker, I will take my seat . I hope I represented my Member accurately. Thank you.
[Pause]
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Members care to speak? Then the Chair will revert back to the Minister in charge of the Bill, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I thank Honourable Members for their contributions. Let me start by saying …
Thank you, Honourable Member. Any other Honourable Members care to speak? Then the Chair will revert back to the Minister in charge of the Bill, Dr. Gibbons.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I thank Honourable Members for their contributions. Let me start by saying I think there is a certain amount of confusion with respect to some of the comments that I have heard coming from the other side. This piece of legislation, in many respects, is very simple because all it is doing is shifting the r esponsibilities that now occur under a government department with a Minister in charge and a Director of Civil Aviation over to a quango, a quasi -autonomous, non-government organisation. The word “quasi” here is very important because it means that it is not completely independent, but it is somewhat independent. B ut the truth of the matter is that it is more independent than it is now. I have heard quite a bit of discussion about the Minister is going to be able to do this and do that . The Minister right now has a right , has more power to provide d irection than the Minister will have under this particular piece of legislation when the quango gets set up. There is also, I think, a complication here, which I think is somewhat recognised, which is that to a large degree we are controlled by what is referred to as the Air Navigation (Overseas Territories) Order right now, which is not a piece of our Government legislation. It is a piece of UK legislation. And that gives the Governor powers to deal with everything from the licensing of aircraft to the licensing of airpor ts, contro lling the various functions set out under that. The Go vernor , up to now and will continue to do so, has designated or delegated some of those responsibilities to the Director of Civil Aviation. So there is kind of a split of power here and that i s not going to change. I think to reassure Honourable Members, perhaps except for Mr. Brown over there, the Honourable Member, I will say the Governor was fully involved in this discu ssion all the way through this. The Governor has not given up any power. All he is doing here is instead of delegating it directly to the Director of Civil Aviation to do the things set out under this Air Navigation (Overseas Territories) Order, he is now delegating that responsibility to this Bermuda, what is it called ?. . . Bermuda Civil Aviation Authority. And that Civil Aviation Authority is then going to essentially delegate that back again to the gentleman sitting in the Chambers here who will no longer be called the Director of Civil Aviation, he will be called something else, which is, I think, a Director General . . . I cannot remember, Director General. His title changes slightly, but he will have the same basic responsibilities, but he will be slightly removed from Government in the sense that he will be reporting to a board of a quango. 2234 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly And I think my honourable colleague, Mr. Crockwell , explained that this is not that different than the current situation with the Civil Aviation Authority in the UK where the Civil Aviation Authority is somewhat independent in a quasi -sort of way, but it still comes under the Ministry of Transport in the United Kingdom. A very, very, similar situ ation sort of going on here although we are not as grandiose as the Civil Aviation Authority, we are . . . our responsibilities are more ci rcums cribed and they are more circum scribed because they flow to the Governor in terms of some of these regulatory responsibilities. So I think it is important to understand that this is not a reduction of independence here. In fact, it is an expansion of indep endence and I will reinforce what some of those issues are in a couple of minutes, but the whole point of this is not to try and sort of mit igate, reduce, or whatever any of the powers that the Governor currently has, which he delegates currently to the Di rector of Civil Aviation, which will be subs equently delegated, once this legislation goes through, to this quango, which will be sub- delegated by the board back probably to the same . . . I am assuming the same individual who is sitting here in the Chamber right now who will have all of the same respon sibilities in many respects. I can assure Honourable Members that it is very unusual for either the Governor or the UK Go vernment to give up any power in this regard. So they have been fully i nvolved from the very beginning here. So we are not , we are not abrogating any i nternational responsibilities. As we have said in the brief, this is considered to be external affairs to some degree, but it is delegated or designated currently and it will continue to be designated or delegated in that sense. I do not wish to disagree with my honourable colleague, the Minister of Finance . I think he has certainly a very clear perception on this as well . But in addition to e nsuring that some of the revenue conti nues to come to the Government there obviously are other reasons that this particular piece of legislation to create a quango is going through. As I said, right now Government effectively has as much control as they want, apart from this Air Navigation Order, because it is a department of government. If the Minister of Finance and the Minister right now say you cannot hire these people, or what have you, then they have ultimate power in that sense. Now , that may get them into trouble, and I will get into that in a minute, but the fact of the matter is that we are actually now putting this one step out where there is much more flexibility in terms of who is hired and who is not and, more importantly, under what terms they are hired or not. Mr. Speaker, you will remember going back a couple of years right around the beginning of 2013 (and my honourable colleague , the Minister of F inance, referred to it ), when the current Government took over we had some serious issues not only within the Department of Civil Aviation, but also in the D epartment of Maritime Administr ation. And the problem we had was insufficient staff by and large to be able to handle the volume of either aircraft or ships and the responsibilities that were coming with the Red Ensign Group (and we can get i nto that with the next piece of legislation ), or with respect to making sure that we are carrying out our regulatory responsibilities, which were delegated, effectively. And the Governor at the time said, I am not allowing you to take on any more ai rcraft because you have got insufficient staff to be able to do that. Now, one of the challenges that you got in a government department is you are bound by all the civil service issues with respect to HR, PS levels, and the rest of it. And the challenge we had at the time was trying to get additional staffing done. And I recall at that time I was the Minister responsible and there was a significant effort be tween myself, the Director of Civil Aviation, and the Permanent Secretary to desperately try and get more staff hired. But to a large degree we were hampered by internal government departmental requirements and also those PS levels, and that was the difficulty. So we were between kind of a rock and a hard place. One of the things that this does in shifting it from a department to a quango is there is going to be a lot more flexibility in terms of compensation levels because, as honourable colleagues have said, these are technical people, there is a market for them internationally, there are certain salary leve ls and those probably do not equate to the PS levels that we were allowed to operate within. So, yes, there probably will be an increase in salaries within the quango, som ething it was very difficult to do within the d epartment, that will provide the quango, the Director General, much more latitude in terms of hiring and getting not only the required number of people but also people at a very competent level as well. So those are some of the benefits that we are looking at here. As I said earlier when I was going through my initial statement, this also frees up the Government to some degree because it no longer has to deal with HR resources or other resources that would be required in supporting a department because now this is going to be a semi -autonomous quango out there. So there is a certain amount of ha ving HR be able to focus on other things and not have to worry about this quango or the quango that will be there for the Department of Maritime Administration as well. So I guess I want to reassure not only Members on that side, but also certainly the listening public that this is not to constrain, this is to in fact provide more flexibi lity. Other benefits that will accrue to creating a quango are issues related to being more commercially responsive. And by that I mean the ability to be able to
Bermuda House of Assembly market this thing. I think the director, as Honourable Members have said, has done a good job . . . a great job over the last few years in terms of getting add itional aircraft on this regi stry. But he has not be en able to, I will say, spend marketing dollars (I hope the Minister of Finance is not listening too intently here), or go out there and aggressively market in a way that a quango will be able to do. And they may, in fact, as we have seen with the D MA, pair up with , say, the Bermuda Business Development Agency if they are helpful, perhaps people from the private sector here who are involved in putting aircraft on the registry . There will be an effort to be much more commercially responsive and a ggressive in terms of how that marketing is done. So that is yet another benefit of pushing this into a quango and not having to worry about whether the department has a 5 per cent cut or a 3 per cent cut or whatever cut because they will be able to essentially have m ore flexibility in terms of marketing and spending. I think the issue also is that if we can grow, as we have said in the initial statement, put another couple hundred aircraft on this registry, that means more money com ing in which can go not only to the Go vernment but also to marketing and also to salaries and things of that sort. So all of these issues are sort of heading in what I think is a better direction , and I think what I was hearing was , in principle, both sides of the House are on board with tha t particular direction. The issue that was raised in terms of a loan is simply a technical one in the sense that right now, as a department, all the money coming into the Depar tment of Civil Aviation goes straight into the consol idated fund. That is what h appens with a government department, they get revenue, they do not get to keep it, it goes straight into the consolidated fund. So in this transition period between the time where the revenue will begin to come into the quango and the time where it has all, up to this point, gone into the consolidated fund, there may need to be a bridging loan of some sort. And the Act essentially allows for this transition period by having a loan which can then be repaid once those revenues start to come in more substantially into the quango itself. So I think in many respects, quite contrary to what the Shadow Minister said, this is not a watering down of power at all. It is actually an increase in power and r esponsibility which is being given to this particular quango. The Honourable Member , Mr. Brown , raised a couple of issues with respect to the concentration with Russian aircraft. I think all of us understand from a business perspective that diversification is a good thing . And I think certainly the Director, or the Dir ector General, will have additional flexibility to go out and diversify this portfolio of aircraft because he will be able to do more aggressive marketing out there, which hopefully will reduce the proportion of Russian aircraft on there. Obviously, I cann ot speak for the Governor, but I think all of us are concerned if you have a lot of your eggs in one basket. I think the degree to which this registry can be better marketed and we can find additional aircraft —I am not talking about private ai rcraft, I am talking about I guess what you would call commercial aircraft from other jurisdictions —I think that will also be good and we will get that wonderful word, which is diversification. The Honourable Member also raised the issue of liability. It is a good ques tion. It is a question that anybody who has been a Minister in this area has been concerned about . I suspect the Minister of F inance as well. The answer right now is , yes. If there is an accident of some sort, an aircraft goes down somewhere, my understanding is the initial call goes to the UK department responsible for investigating aircraft accidents . I cannot remember what the name of it is off the top of my head, but they will go out on behalf of Bermuda as an Overseas Territory and do what is required to investigate the accident. They have the equipment, the technical expertise, and the rest of it, retrieve the black boxes, what have you. Yes, there is a liability for that. And yes, we would have to repay them for that particular service. The department currently has liability insurance of some $30 million , and if that is breached then there is the broader government umbrella liability for some $600 million. But we all know that these can be very expensive incidents and, I think, we have to recognise that we are potentially on the hook for a fairly large claim here should this happen. But I think we have all recognised this from the beginning and that is some of the risk that you take by being in this business. Whether the quango needs to go out and look to see whether they need to try and purchase addi-tional liability coverage, obviously, that is an issue that they can have a look at and the b oard can have a look at probably in discussion with the UK as well. So I think I have touched on most of the questions that came up. Just to answer the Honourable Member , Michael Scott, the single focus for getting money into the consolidated fund is not the single f ocus. It is a clear focus with the Minister of Finance, but I think I have gone through some of the other benefits that will accrue to go vernment as a consequence of essentially moving from a more dependent status as a government department to a more independent status as a quango. And I think, Mr. Speaker, those were most of the questions that were put to me and with that I would ask that the Bill be committed.
The SpeakerThe SpeakerAll right. Thank you, Dr. Gibbons. It has been moved that the Bill be committed. Any objections to that? Then I will ask that the Deputy [Speaker] please take the Chair [of Committee] . 2236 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly [Pause] House in Committee …
All right. Thank you, Dr. Gibbons. It has been moved that the Bill be committed. Any objections to that? Then I will ask that the Deputy [Speaker] please take the Chair [of Committee] . 2236 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly [Pause]
House in Committee
[Mrs. Suzann Roberts -Holshouser, Chairman]
COMMITTEE ON BILL
BERMUDA CIVIL AVIATION AUTHORITY ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Bermuda Civil Aviation Authority Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, I …
Members, we are now in Committee of the whole House for further consideration of the Bill entitled Bermuda Civil Aviation Authority Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, I have two amendments so I am going to move all the clauses up until clause 10 because my amendment, the first one, is going to be in clause 11.
The ChairmanChairmanThank you. Are there any objections to moving clauses —
The ChairmanChairmanThat is fine. Thank you very much. Minister, if you do not mind, we would pr oceed with clauses 1 through 4. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman, I am in your hands. I am fine with that. Clause 1 is basically the citation and essentially …
That is fine. Thank you very much. Minister, if you do not mind, we would pr oceed with clauses 1 through 4.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman, I am in your hands. I am fine with that. Clause 1 is basically the citation and essentially states that the Bill is the Civil Aviation Authority Act 2016. Clause 2 is the interpretation section and runs through a whole series of definitions that are used in the Bill. Clause 3 establishes the Bermuda Civil Aviation Authority as an Authority, a body corporate, which may sue or be sued. Clause 4 establishes the principal functions of the Authority as those conferred on the Governor by or under any Air Navigation (Overseas Territories) Orders. These i nclude, but are not limited to: regul ation of civil aviation in Bermuda, the safety of air nav igation and aircraft, the regulation of air traffic, the promotion of Bermuda as an international aircraft centre, the certification and licensing of airports, and e nsuring that civil aviation in Bermuda conforms to the standards and recommended practices of the International Civil Aviation Organisation. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any other Members that would like to speak to clauses 1 through 4? There are no other Members that would like to speak to clauses 1 through 4, so we will ask that clauses 1 through 4 be approved as printed. Are there any objections …
Thank you, Minister. Are there any other Members that would like to speak to clauses 1 through 4? There are no other Members that would like to speak to clauses 1 through 4, so we will ask that clauses 1 through 4 be approved as printed. Are there any objections to that motion? No objections. Agreed to.
[Gavel]
[Moti on: Clauses 1 through 4 passed.]
The ChairmanChairmanEveryone should have in their pos ition now an amendment that has been proposed for clause 5, 6 and 7 by the Opposition. Does everyone have it in their possession? Then we are going to hold off until we do. [Pause]
The ChairmanChairmanDoes everyone have a copy of the proposed amendment? Yes? Then I call on the Minister in charge to pr oceed. Dr. the Hon. E. Grant Gibbons: Thanks, Madam Chairman. I would have thought that the Shadow would have wanted to talk about his amendments.
The ChairmanChairmanThat is correct, we will. But — Dr. the Hon. E. Grant Gibbons: Do you want me to move the clauses?
The ChairmanChairmanThe first thing you will do . . . just, if you would just discuss clause 5 . Do not . . . unless we want to do . . . yes, let us just do [clause] 5 first and then the amendment for it. Bermuda House of Assembly Dr. …
The first thing you will do . . . just, if you would just discuss clause 5 . Do not . . . unless we want to do . . . yes, let us just do [clause] 5 first and then the amendment for it.
Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: Oh, okay. All right. Very good.
The ChairmanChairmanSo you discuss your clause 5 and then we will look at the amendment. Dr. the Hon. E. Grant Gibbons: All right. I guess you want me to move clause 5 as well?
The ChairmanChairmanYes, we are going to move clause 5. Are there any objections to that motion? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 5 establ ishes the general powers of the Authority such that it will have the power to carry on its …
Yes, we are going to move clause 5. Are there any objections to that motion? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 5 establ ishes the general powers of the Authority such that it will have the power to carry on its business and other activities to allow it to di scharge its func tions. The Authority will be able to hire the necessary staff; provide an advisory service on matters relating to civil aviation, regulatory matters and legislation in Bermuda; col lect fees and borrow money or raise capital as required in accordance with the Act. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. The Chair recognises the Shadow from co nstituency 24.
Mr. W. Lawrence ScottThank you, Madam Chai rman. The issue that I have with clause 5 is actually with section (2)(d) when it comes “with the approval of the Minister and the Minister of Finance, borrow money and ot herwise raise ca pital in accordance with this Act.” As I said before, I …
Thank you, Madam Chai rman. The issue that I have with clause 5 is actually with section (2)(d) when it comes “with the approval of the Minister and the Minister of Finance, borrow money and ot herwise raise ca pital in accordance with this Act.” As I said before, I believe that civil aviation and all the Ministers that spoke, the former Minister of Transport spoke and said they raised $17 million sur-plus. Therefore, I think that they can be, should be, self-sufficient from the government financially. Ther efore, I do not think that the Minister should be responsible for how Civil Aviation, who raises their money and has been allowed to set their budget for the . . . well, when we get to that clause, should be all owed to set their own budget because anything left after oper-ating expenses is what goes into the sinking fund. So I believe that, once again, and also —
The ChairmanChairmanMember, can we just focus on the clause 5 and your proposed change to clause 5? AMENDME NT TO CLAUSE 5
Mr. W. Lawrence ScottOkay, yes. My proposed change to clause 5 is basically that I move the Bill [be amended] as follows, [in] clause 5: “That sub- clause 5(2)(d) be amended by deleting the words ‘Minister and the Minister of F inance’ and substituting, therefor e, the words ‘the Governor.’” So I believe …
Okay, yes. My proposed change to clause 5 is basically that I move the Bill [be amended] as follows, [in] clause 5: “That sub- clause 5(2)(d) be amended by deleting the words ‘Minister and the Minister of F inance’ and substituting, therefor e, the words ‘the Governor.’” So I believe that the Governor should be the one . . . because remember , the Governor is responsible for Civil Aviation as it is right now. And if you go into the Ber muda Constitution, section 62, it says that the Governor is responsible for all external affairs . All right? Therefore, what this Bill is trying to do is get the Governor to delegate his authority to the Government who will then delegate the authority to Civil Aviation. It is too much delegation going on. They should have the Governor delegate to Civil Aviation and call it a day. Therefore, there is no need for the Gover nment to get involved. If the Government is not i nvolved, then you do not need to have the Minister and/or Minister of F inance written in clause 5 and they should be substituted with the words “the Governor.”
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment? Are there any other Members that would like to speak to the amendment? The Chair recognises the Minister in charge. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I think, I was hoping …
Thank you. Are there any other Members that would like to speak to the amendment? Are there any other Members that would like to speak to the amendment? The Chair recognises the Minister in charge.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I think, I was hoping . . . I sort of dealt with this in the House. I think we do not want the Governor i nvolved at an operational level in this. The Governor clearly has powers under the Air Navigation thing. The Governor has the ability to be able to delegate or not delegate that. That does not change and will not change. We simply cannot have the Governor i nvolved in the operations of a Government quango. It would be a huge departure from custom and practice and just , it is not something that we are pr epared to accept. So we will not support the amendment. Thank you.
The ChairmanChairmanThank you. The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottHearing what the Minister has had to say, would the Minister and the Gover nment be prepared to accept that we delete the words “Minister and Mini ster of Finance” and substitute it with the words “ Director General ”? Because remember th e auditing . . . that way …
Hearing what the Minister has had to say, would the Minister and the Gover nment be prepared to accept that we delete the words “Minister and Mini ster of Finance” and substitute it with the words “ Director General ”? Because remember th e auditing . . . that way it would be that the D irector General would be responsible . . . the Director General himself would be responsible for the budget of the daily operation. He is already responsible for the daily operation. He is responsible for the budgeting, and then the check and balance is already in this 2238 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Bill with the Auditor General. Therefore, if the Director General is misappropriating funds, which I am not saying he is going to do, but if that were to happen, the Auditor General would pick t hat up. So, therefore, there is already a check and balance and once again no need for the Minister or the Minister of Finance.
The ChairmanChairmanThank you. The Chair recognises the substantive Mini ster. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chair man. It sounds like we are getting into negotiation here. The answer is still no. I think what the Honourable Member, probably unintentionally, is not under-standing is that under the Constitution …
Thank you. The Chair recognises the substantive Mini ster. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chair man. It sounds like we are getting into negotiation here. The answer is still no. I think what the Honourable Member, probably unintentionally, is not under-standing is that under the Constitution the Minister of Finance is responsible for how money is spent , and that is the bottom line here. So the Minister of Finance has to be involved in this. It is that simple. Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment? The Chair recognises the Member f rom co nstituency 24.
Mr. W. Lawrence ScottWhat the Minister just said is that, once again, I go back to . . . he says according to the Constitution. This Constitution, section 62, says that the Governor is responsible for external affairs. So, therefore, we go back to my main point. The Gov-ernor is responsible for external …
What the Minister just said is that, once again, I go back to . . . he says according to the Constitution. This Constitution, section 62, says that the Governor is responsible for external affairs. So, therefore, we go back to my main point. The Gov-ernor is responsible for external affairs. Civil Aviation is considered external affairs. So, therefore, the Governor should be responsible for external affairs and not the Minister of Finance. So, once again, now I d o not want to go around in circles, but this is . . . so it comes back to this same amendment which the Minister is indirectly agreeing with, but when it comes to moving forward, says no.
The ChairmanChairmanThank you. Are there any other Members that would li ke to speak to the amendment? The Chair recognises the substantive Mini ster. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. I think the answer is still no. And I think in this particular case there is …
Thank you. Are there any other Members that would li ke to speak to the amendment? The Chair recognises the substantive Mini ster.
Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. I think the answer is still no. And I think in this particular case there is a clear sort of bifurcation of responsibilities here. The Government is basically putting this quango up. The Governor has certain regul atory responsibilities, but the Government still has r esponsibilities here. That is the point about quasi - autonomous, it is not com pletely independent and i t will not be. The CAA is not completely independent and will not be for the same reasons. So the answer is no.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 5? No other Members. Then we will have to vote on it. So those in support of the amendment , say Aye. AYES.
The ChairmanChairmanThose not in support of the amendment say Nay. NAYS.
The ChairmanChairmanThe Nays have it. [Motion failed: Amendment to clause 5 not passed.]
The ChairmanChairmanMinister, ple ase proceed and just on clause 6. So we are going to approve clause 5 as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 5 passed as printed.]
The ChairmanChairmanPlease proceed to clause 6 only. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 6 states the Minister may give general or specific direction regarding Authority policies in r elation to finances. Thank you.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 6? The Chair recognises the Member from constituency 24. AMENDMENT TO CLAUSE 6
Mr. W. Lawrence ScottMy argument is basically the same because what I am trying to do is make sure that we are within best international practices , and this is going against that. Now, I understand that the Ministers before, the former Minister of Transport, mentioned that Civil Aviation comes under Government out …
My argument is basically the same because what I am trying to do is make sure that we are within best international practices , and this is going against that. Now, I understand that the Ministers before, the former Minister of Transport, mentioned that Civil Aviation comes under Government out there. The di fBermuda House of Assembly ference is . . . that is apples and oranges for our situation because out there they are a sovereign body, they govern themselves, they are independent. We are not. We come underneath the Governor as it is . . . well, we come underneath the Governor . It is a lmost like under my house, my rules type of thing. So therefore, going back to section 62 of the Con stitution , I believe that we should actually have this clause. I move that to amend the Bill in clause 6 by deleting the clause in its entirety.
The ChairmanChairmanThank you. So the proposed amendment reads, “I move to amend the Bill in clause 6 by deleting clause 6 in its entirety.” Are there any Members that would like to speak to the proposed amendment to clause 6? The Chair recognises the substantive Mini ster. Dr. the Hon. E. …
Thank you. So the proposed amendment reads, “I move to amend the Bill in clause 6 by deleting clause 6 in its entirety.” Are there any Members that would like to speak to the proposed amendment to clause 6? The Chair recognises the substantive Mini ster. Dr. the Hon. E. Grant Gibbons: Yes, thank you. I guess what I was also trying to explain when we were in the whole House was the fact that the Mi nister can give any directions he wants to right now as long as it does not impinge on the Governor’s authority to provide the regulation or to designate the authority to whatever. All this does is it retains some ministerial abi lity to provide directions, primarily in a financial way because we have already explained that we want to make sure that some of the revenues coming at this are retained by Government and will eventually go into the consolidated fund. So Madam Chairman, the answer is still no.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 6? There are no other Members that would like to speak to the amendment to clause 6. The Chair recognises the substantive Mini ster. Dr. the Hon. E. Grant Gibbons: Let us see—
The ChairmanChairmanLet us vote on the amendment and then we can. So the proposed amendment to clause 6 reads, “I move to amend the Bill in c lause 6 by deleting clause 6 in its entirety.” Those in favour of the amendment to clause 6 say Aye. AYES.
The ChairmanChairmanThose not in favour of the amendment to clause 6 , please say Nay. NAYS. The Chairman: The Nays have it. [Motion failed: Amendment to clause 6 not passed.]
The ChairmanChairmanMinister, we are going to move clause 6 as printed. Dr. the Hon. E. Grant Gibbons: I would like to move clause 6 as printed.
The ChairmanChairmanIt is moved that clause 6 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 6 passed as printed.]
The ChairmanChairmanNow, Minister if you would just do clause 7 , please. Dr. the Hon. E. Grant Gibbons: Clause 7, thank you, Madam Chairman. I move clause 7.
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Okay.
The ChairmanChairmanAre there any objections to moving clause 7? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Clause 7 states that there shall be a Board of Directors of between five and seven d irectors that will be responsible for the actions and gen eral administration of the Authority. …
Are there any objections to moving clause 7? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Clause 7 states that there shall be a Board of Directors of between five and seven d irectors that will be responsible for the actions and gen eral administration of the Authority. The directors will be paid fees as determined by the Minister. Thank you.
The ChairmanChairmanThank you. Are there any other Members that woul d like to speak to clause 7? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottMadam Chairman, if you look at it, the Directors of the Civil Aviation Authority are going to be appointed by the Minister. I think you know where I am going to go with this. [Inaudible interjections] 2240 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly Mr. W. …
Madam Chairman, if you look at it, the Directors of the Civil Aviation Authority are going to be appointed by the Minister. I think you know where I am going to go with this.
[Inaudible interjections]
2240 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Mr. W. Lawrence Scott: And the thing is that it may seem to Members in this House, it may seem to those that are listening in the listening audience, that it might be almost —
[Gavel]
The ChairmanChairmanMembers, I would like to be able to hear the Member.
Mr. W. Lawrence ScottIt might seem as though I am splitting hairs or that I am being pedantic, but , for me, it is about doing things right. It is not about just giving people power for the sake of giving people power ; it is about doing things right and making sure …
It might seem as though I am splitting hairs or that I am being pedantic, but , for me, it is about doing things right. It is not about just giving people power for the sake of giving people power ; it is about doing things right and making sure that we are doing things according to how international best practices are. This is something that I am passionate about, this is something that I know about, and outside of the technical direc tors that are in this Chamber right now , I am the subject matter expert right now. So that is what I am trying to establish. And just as Muhammad Ali said “It’s not bragging if you can back it up.” So for those Members on either side of the House that do not understand why I am doing this, that is why I am explaining it. And once again, I am backed up by the Bermuda Constitution, I am also backed up by international best practices . Therefore, even though I will get voted down every single time on all 20 of my amendments, I will continue to go through because this is what I am put here for, to represent my people’s best interests. So, once again, it goes back to clause 7, when we go back to giving the Governor the ability and the power to pick the d irectors to the Board of Directors. So I move to amend the Bill as follows: “Clause 7, that sub- clause (2) be amended by deleting—
The ChairmanChairmanWait a minute, Member. Wait a mi nute. I really would like to have a little more silence please. [Gavel]
The ChairmanChairmanPlease proceed. AMENDMENT TO CLAUSE 7
Mr. W. Lawrence ScottI move to amend the Bill as follows: “Clause 7, that sub- clause (2) be amended by deleting the words ‘the Minister and the Minister of Finance’ and substituting, therefore, the words ‘the Governor.’”
The ChairmanChairmanAre there any Members that would like to speak to the amendment to clause 7? The Chair recognises the substantive Minister and I would prefer not to hear anyone else’s voice. Thank you. Dr. the Hon. E. Grant Gibbons: Thank you , Madam Chairman. Madam Chairman, the Honourable Member keeps …
Are there any Members that would like to speak to the amendment to clause 7? The Chair recognises the substantive Minister and I would prefer not to hear anyone else’s voice. Thank you. Dr. the Hon. E. Grant Gibbons: Thank you , Madam Chairman. Madam Chairman, the Honourable Member keeps referring to international best practice and, again, I go back. The Governor was involved in this, the Deputy Gover nor was involved in this, the Director of Civil Aviation was involved in this. Surely , the Ho nourable Member understands that were we not follo wing international best practice, one of those three ge ntlemen—putting aside senior civil servants in the government —would have said something and advised accordingly. That is not the case. W e are fol lowing international best practice here. There is no argument about that. There is an expression a little knowledge is dangerous , and I think that is what we are seeing right now. So, Madam Chair man—
[Inaudible interjections ] Dr. the Hon. E. Gr ant Gibbons: —Madam Chai rman—
Mr. Walter H. RobanIt is [imputing] improper motive. That is what it is doing , and it is not proper . . . it is no t parliamentary. The Cha irman: Thank you, Member. Thank you. The Chair recognises — Dr. the Hon. E. Grant Gibbons: Sorry, sorry, Madam Chairman, one does get …
It is [imputing] improper motive. That is what it is doing , and it is not proper . . . it is no t parliamentary.
The Cha irman: Thank you, Member. Thank you. The Chair recognises —
Dr. the Hon. E. Grant Gibbons: Sorry, sorry, Madam Chairman, one does get a little impatient after a while. I think the point is that the Honourable Member who speaks for Transport over there is , in fact, essentially suggesting that the Governor, Deputy Governor and Direc tor of Civil Aviation either do not know what they are doing or are suggesting legislation
Bermuda House of Assembly which is in breach of international best practice. And in some respects that is not par liamentary. Thank you.
The ChairmanChairmanMember, so your position on the clause? Dr. the Hon. E. Grant Gibbons: The position is that we cannot support the amendment.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the proposed amendment to clause 7? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottMadam Chairman, I did not get into politics to sit here and go with the flow. I got into politics because I felt it was serving my country. And I am hear ing Members in this House saying that I am a joke because I am doing what I believe …
Mr. W. Lawrence ScottNo, no. R ight? And I am hearing . . . and what happens is that . . . and also— Dr. the Hon. E. Grant Gibbons : Point of order . Point of order, Madam Chairman.
The ChairmanChairmanThank you. Have a seat please. The Chair recognises the substantive Mini ster. POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: With respect, the Honourable Member is misleading the House. I was listening very carefully over here. I did not hear an yone say the Honour able Member …
The ChairmanChairmanThank you. The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottAnd I will continue with what I am say ing. And then for the Honourable Minister to say that a little bit of knowledge is a dangerous thing and that be cause other people said yes to this that I should just blindly go along . . . that is …
And I will continue with what I am say ing. And then for the Honourable Minister to say that a little bit of knowledge is a dangerous thing and that be cause other people said yes to this that I should just blindly go along . . . that is a dangerous thing. That makes me question what is really going on in that Government.
Mr. W. Lawrence ScottAnd that I have been in avi ation long enough to know what is right and what is wrong. I am asking questions, I am proposing amendments . The Gov ernment has the right to not accept these amendments and say why. But to sit here and say that a …
And that I have been in avi ation long enough to know what is right and what is wrong. I am asking questions, I am proposing amendments . The Gov ernment has the right to not accept these amendments and say why. But to sit here and say that a little bit of knowledge is a danger-ous thing, I feel (1) is disrespectful; (2) is condescen ding; and (3) it goes against . . . it is not becoming of an MP, let alone a Minister.
The ChairmanChairmanThank yo u, Member. Now do we want to go to a clause? The amendment?
Mr. W. Lawrence ScottWell, I have already . . . we just have to vote on that, I already moved it.
The ChairmanChairmanAll right. Thank you. Are there any other Members that would like to speak to the amendment to clause 7? There are no other Members that would like to speak to the amendment to clause 7, so we will vote. Clause 7 [Amendment] reads, “I move to amend the Bill …
All right. Thank you. Are there any other Members that would like to speak to the amendment to clause 7? There are no other Members that would like to speak to the amendment to clause 7, so we will vote. Clause 7 [Amendment] reads, “I move to amend the Bill as follows: Clause 7, that sub- clause (2) be amended by deleting the words ‘the Minister and the Minister of Finance’ and substituting therefore the words ‘the Governor.’” Those Members who are in agreement to a pprove clause 7 as amended, please say Aye.
AYES.
The ChairmanChairmanThose not in favour of the amendment before us to cl ause 7, please say Nay. NAYS.
The ChairmanChairmanThe Nays have it. [Motion failed: Amendment to clause 7 not passed.]
The ChairmanChairmanI call on the Minister in charge to move the clause. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move claus e 7 as written. 2242 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly The Chairman: It has been moved that clause 7 be …
I call on the Minister in charge to move the clause. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move claus e 7 as written.
2242 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly The Chairman: It has been moved that clause 7 be approved as printed. Are there any objections to that motion? No objections. Agreed to.
[Gavel] [Motion carried: Clause 7 passed as written.]
The ChairmanChairmanPlease proceed to [clauses] 8 and 9 and 10. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move clauses 8, 9 and 10.
The ChairmanChairmanAre there any objections to that m otion? No. Please proceed. Dr. the Hon. E. Grant Gibbons: Clause 8 establishes that an interest regis ter will be maintained should any director have an interest in any business regulated by the Author ity. Clause 9 establishes that the b oard may …
Are there any objections to that m otion? No. Please proceed. Dr. the Hon. E. Grant Gibbons: Clause 8 establishes that an interest regis ter will be maintained should any director have an interest in any business regulated by the Author ity. Clause 9 establishes that the b oard may delegate any of the functions, except for the power of delegation, under the Act in writing, which shall be revocable. Clause 10 establishes that the financial year will be 12 months ending on the 31 March of each year. Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 8, 9 or 10? There are no Members. Please, substantive Minister, we call on you to move. Dr. the Hon. E. Grant Gibbons: I move clauses 8, 9 and 10 as printed.
The ChairmanChairmanIt has been moved that clauses 8, 9 and 10 be approved as printed. Are there any objections to that motion? No objections . Agreed to. [Gavel] [Motion carried: Clauses 8, 9 and 10 passed.]
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman, and on clause 11, as I said earlier, I do have an amendment, it is really an addition, and I be-lieve it has proba bly been circulated at this point.
The ChairmanChairmanDoes everyone have a copy of the proposed amendment to clause 11? No? One moment please. [Pause]
The ChairmanChairmanThank you very much. Minister, please proceed. Dr. the Hon. E. Grant Gibbon s: Thank you. Let me just address clause 11 as it currently reads and then I will get into the amendment.
The ChairmanChairmanYes, please. Dr. the Hon. E. Grant Gibbons: Okay. Clause 11 establishes that the Authority will prepare an annual budget of operati ng revenues and expenses and capital expenditures. The work plan for the upcoming financial year must be completed six months prior to the commencement of the financial year …
Yes, please. Dr. the Hon. E. Grant Gibbons: Okay. Clause 11 establishes that the Authority will prepare an annual budget of operati ng revenues and expenses and capital expenditures. The work plan for the upcoming financial year must be completed six months prior to the commencement of the financial year and submitted to the Minister and the Minister of Finance no later than three mont hs before the commencement of the financial year. The Minister of F inance may make any modifications to the proposed budget and issue a written decision approving the budget. The Authority shall not, without the approval of the Minister, spend in excess of the approved budget. The Authority will make specific financial r eports to the Mi nister.
AMENDMENT TO CLAUSE 11
Dr. the Hon. E. Grant Gibbons: And the Amendment to clause 11 is as follows: “Clause 11 is amended by inserting after subsection (9) the fol lowing subsections: (10) the Authority shall specify in its annual report the title and corresponding salary of every senior executive within the Authority; (11) in this section “senior executive” means: (a) a Director or the Director -General; (b) any other person who, under the immediate authority of a Director or the Director-General, exercises managerial functions or is responsible for maintaining accounts or other records of the Authority.”
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the amendment to clause 11? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottMy question to the Minister is this : How . . . there is no timeline on the funding in Bermuda House of Assembly this Bill . So it does not say that Government will fund it for the first year, first six months, first three years, first four years. …
My question to the Minister is this : How . . . there is no timeline on the funding in
Bermuda House of Assembly this Bill . So it does not say that Government will fund it for the first year, first six months, first three years, first four years. So if the Minister can tell me how long the funding from Government is going to happen until they become financially independent . . . I will leave it at that.
The ChairmanChairmanThank you. Thank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. The Bill provides flexibility for the Minister of Finance to work with the quango to sort out how much and how l ong they need, what I would call, a …
Thank you. Thank you, Member. The Chair recognises the Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. The Bill provides flexibility for the Minister of Finance to work with the quango to sort out how much and how l ong they need, what I would call, a trans itional loan. As I explained in the House, because all of the money goes into the consolidated fund right now, there effectively is zero money in the quango when it first starts. So in order to be able to bridge or provide a transition to allow the payment of salaries and all the operating expenses for the time being until fees and revenues come in, there needs to be an interim loan and the Bill provides for that particular purpose. So it could be three months, it could be six months, but that is the sort of . . . in the weeds discussion that has to happen. But I think it would be fair to say that nobody wants this thing not to get off to a good start . Nobody wants it to fail . So I think clearly there will be a re asonable ac commodation with that. And if I may give a parallel, there is a very clear example with the Regul atory Authority which, in fact, legislation was essentially put in place by the former Government. And for the avoidance of doubt here, this whole work plan and budget, because I will know we will get into sort of discussions and amendments, was abstracted almost word for word from the Regulatory Authority Act setting out exactly the preparation of budget and how it should work. So it is already in place with the Regul atory Authority. It was simply adopted and used here. Thank you.
The ChairmanChairmanThank you. Are there any individuals that would like to speak to the amendment to clause 11? The Chair recognises the Member from constituency 24.
Mr. W. Lawre nce ScottInitially I had my concerns about this clause and I initially had an amendment that I was going to move, but I will withdraw that amendment. But what I want to also do is I do not want this to turn into the BTA in the sense of three, four …
Initially I had my concerns about this clause and I initially had an amendment that I was going to move, but I will withdraw that amendment. But what I want to also do is I do not want this to turn into the BTA in the sense of three, four years, five years, ten years later they are still being funded by the Government. So if there is some way, shape or form because, once again, I now have a better understanding after listening to the Minister of why they have the loan put in place and why it is in this Bill, and so ther e-fore that is very understandable. But I do not want this to become something that is just ongoing, so how do we know . . . how can we put in here a timeline, a stop gap measure of some sort?
The ChairmanChairmanThank you. Are there an y other Members that would like to speak to clause 11? The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, I think, Madam Chairman, I understand the Honourable Member’s concern and I would say that there is a considerable revenue stream coming …
Thank you. Are there an y other Members that would like to speak to clause 11? The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, I think, Madam Chairman, I understand the Honourable Member’s concern and I would say that there is a considerable revenue stream coming in annually of about $25 mi llion, so I think . . . I would suspect that easily within the first year there will be no longer any need to have Government subsidy or support because that revenue stream . . . I do not know quite how it works out, whether it comes in quarterly or what have you, but clearly this would be just a bridging loan or trans ition loan because, I think , as we have all seen, this is quite a profitable department right now.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 11? There are no other Members that would like to speak to the amendment to clause 11. Then we are going to vote on the amendment to clause 11. All those in favour …
Thank you. Are there any other Members that would like to speak to the amendment to clause 11? There are no other Members that would like to speak to the amendment to clause 11. Then we are going to vote on the amendment to clause 11. All those in favour of the amendment to clause 11 as suppli ed by the Government . . . I am sorry, let us start off with not in favour of the amendment, please say yes or no. I know, I am confusing myself here.
[Laughter]
The ChairmanChairmanWe are talking about the Gover nment’s amendment. All those in favour of the amendment to clause 11, say Aye. AYES.
The ChairmanChairmanAll those not in favour of the amendment to clause 11, say Nay. The Ayes have it. [Motion carried: Amendment to clause 11 passed.]
The ChairmanChairmanI call on the Minister in charge to have that clause 11 approved. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clause 11, as amended, be approved. 2244 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly The Chairman: It has been moved …
I call on the Minister in charge to have that clause 11 approved.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clause 11, as amended, be approved.
2244 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly The Chairman: It has been moved that clause 11 be approved as amended. Are there any objections to that motion? No objections. Agre ed to.
[Gavel] [Motion carried: Clause 11 passed as amended.]
The ChairmanChairmanMinister, if you would just do clause 12. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. I move clause 12.
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Clause 12 establishes that the Authority will have the following funds: a paid- up capital fund; an Operating Fund; and a R eserve Fund. The Authority may create additional funds with the approval of the Minister. The Authority shall apply its funds …
Please proceed.
Dr. the Hon. E. Grant Gibbons: Clause 12 establishes that the Authority will have the following funds: a paid- up capital fund; an Operating Fund; and a R eserve Fund. The Authority may create additional funds with the approval of the Minister. The Authority shall apply its funds to remunerate its staff, pay the allo wances of the Directors, repay sums advanced by Go vernment or borrowed, and to meet all other Authority expenditures. The authorised capital will be established by agreement between the Minister and the Board with the approval of the Minister of Finance and may be increased subject to approval of the Minister and the Minister of Finance. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 12? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottJust as I said with the last clause, I will now be withdrawing my amendment to clause 12.
The ChairmanChairmanThank you, that is fine. Are there any other Members that would like to speak to clause 12? There are no Members that would like to speak to clause 12. I call on the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clause 12 …
The ChairmanChairmanIt has been moved that clause 12 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 12 passed.]
The ChairmanChairmanPlease proceed to clauses 13 and 14. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move cl auses 13 and 14.
The ChairmanChairmanAre there any objections to moving clauses 13 and 14? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you. Clause 13 states that the initial paid- up capital and the advances will be established by the Minister and the Board to fund the start -up cost of …
Are there any objections to moving clauses 13 and 14? No objections. Please proceed.
Dr. the Hon. E. Grant Gibbons: Thank you. Clause 13 states that the initial paid- up capital and the advances will be established by the Minister and the Board to fund the start -up cost of the Authority until March 31 the following year or by the date the Authority has collected sufficient revenues to cover operating expenses. Clause 14 establishes that the Minister may make loans to the A uthority and that the Authority may enter into loan agreements with licensed financial i nstitutions both requiring the Minister of Finance. The loan may be secured by Government or by future revenues of the Authority. Thank you, Madam Chairman.
The Chair man: Thank you. Are there any Members that would like to speak to clauses 13 and 14? There are no Members that would like to speak to clauses 13 or 14. I call on the Minister. Dr. the Hon. E. Grant Gibbons: I move that clauses 13 and 14 be approved.
The ChairmanChairmanIt has been moved that clauses 13 and 14 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 13 and 14 passed.]
The ChairmanChairmanJust clause 15, Minister. Dr. the Hon. E. Grant Gibbons: Okay. I move clause 15.
The ChairmanChairmanYes, just 15. Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: Clause 15 states that the Authority shall have an Operating Fund that shall consist of money advanced by Government or earned from oper ations. The Chai rman: Thank you. Are there any other Members that would like …
Yes, just 15.
Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: Clause 15 states that the Authority shall have an Operating Fund that shall consist of money advanced by Government or earned from oper ations.
The Chai rman: Thank you. Are there any other Members that would like to speak to clause 15? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottThank you, Madam Chai rman. I will continue with the trend right now, which is I will be wit hdrawing my amendment to clause 15 because I understand it is connected to [clauses] 12 and 11 and so on and so forth.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 15? There are no other Members that would like to speak to clause 15. Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Let me see, where am I allowed to go next?
The ChairmanChairmanYou are going to approve — Dr. the Hon. E. Grant Gibbons: Oh, I am going to approve . . . I mov e that clause 15 be approved.
The ChairmanChairmanIt has been moved that clause 15 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 15 passed.]
The ChairmanChairmanNow we are going to do clause 16. Dr. the Hon. E. Grant Gibbons: I move clause 16.
The ChairmanChairmanJust [clause] 16. Dr. the Hon. E. Grant Gibbons: Okay. Clause 16 establishes that the Authority shall have a Reserve Fund that will cover immediate inc ident expenditures prior to recovery from insurance and to cover any expenditure in the case of loss of business. Thank you.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clause 16? No Members would like to speak to clause 16. I call on the Minister . Dr. the Hon. E. Grant Gibbons: Thank you. I move that clause 16 be approved.
The ChairmanChairmanIt has been moved that clause 16 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 16 passed.]
The ChairmanChairmanJust clause 17 . . . we can do 17, yes, just do 17. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move clause 17. Clause 17 states the Authority shall open bank accounts in its own name and establish its O peratin g Fund in Bermuda …
Just clause 17 . . . we can do 17, yes, just do 17. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move clause 17. Clause 17 states the Authority shall open bank accounts in its own name and establish its O peratin g Fund in Bermuda and with the approval of the Minister of Finance may maintain bank accounts outside Bermuda. The Authority’s Reserve Fund should be an interest bearing account, CDs or US Treasury Bills. Thank you.
The ChairmanChairmanThank you. Are there an y Members that would like to speak to clause 17? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottMy initial concern was that of the prior approval by the Minister of Finance because I was getting back to section 62 of the Constitution and I was going to say that it should not be the Mini ster of Finance, it should be the Governor. But, once again, we …
My initial concern was that of the prior approval by the Minister of Finance because I was getting back to section 62 of the Constitution and I was going to say that it should not be the Mini ster of Finance, it should be the Governor. But, once again, we have gone through that exercise and it has been explained to me to where I am comfortable with it being approved by the Minister of Finance. And for clause 17, I will be withdrawing my amendment.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 17? There are no other Members. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clause 17 be approved as printed. 2246 24 June 2016 Official …
Thank you, Member. Are there any other Members that would like to speak to clause 17? There are no other Members. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clause 17 be approved as printed. 2246 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Without being presumptuous, maybe there are others that the Honourable Member, as he has heard an explanation, might reconsider his amendments or . . . anyway, just asking.
The ChairmanChairmanThat would be just one more clause.
The ChairmanChairmanBut we are going to . . . actually since we have already just . . . we actually moved towards the House for just clause 17, I am not going to ask the Shadow to move on to the next one. So if we can just approve 17. Dr. …
But we are going to . . . actually since we have already just . . . we actually moved towards the House for just clause 17, I am not going to ask the Shadow to move on to the next one. So if we can just approve 17.
Dr. the Hon. E. Grant Gibbons: I move that clause 17 be approved.
The ChairmanChairmanThank you. It has been moved that clause 17 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 17 passed.]
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Do you want me to move clause 18?
The ChairmanChairmanYes, we want you to move clause 18. Dr. the Hon. E. Grant Gibbons: All right. I move clause 18 and it establishes that when the Authority realises a net surplus that it shall transfer the remainder, after recouping for any net losses, to the consol idated fund, paid- up …
Yes, we want you to move clause 18.
Dr. the Hon. E. Grant Gibbons: All right. I move clause 18 and it establishes that when the Authority realises a net surplus that it shall transfer the remainder, after recouping for any net losses, to the consol idated fund, paid- up capital, and the R eserve Fund in the amounts agreed with the Minister as approved by the Minister of Finance. Any year in which payments to paid- up capital or the Reserve Fund would cause them to exceed the Authority’s authorised capital the entire net surplus should be paid to the consolidated fund. Thank you.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clause 18? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottOnce again, I will be wit hdrawing my amendment to this only because of the fact of the explanation that was given for the initial start-up.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 18? There are no other Members. Dr. the Hon. E. Grant Gibbons: I thank the Honourable Member. I move that clause 18 be approved as printed.
The ChairmanChairmanIt has been moved that clause 18 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 18 passed.]
The ChairmanChairmanMinist er, please proceed— Dr. the Hon. E. Grant Gibbons: [Clause] 25 is the one where I have an amendment. So I think we are clear until 25.
The ChairmanChairmanThank you. Are there any objections to moving clauses 18 [sic] to 25 . . . 24? Dr. the Hon. E. Grant Gi bbons: [Clause] 19, I think through 25 [sic], right?
The ChairmanChairmanSorry, [clauses] 19 to 24. Dr. the Hon. E. Grant Gibbons: [Clause] 24, yes. I move clauses —
The ChairmanChairmanNo objections? Please proceed. Dr. the Hon. E. Grant Gibbons: All right. Thank you. Clause 19 states that the Authority must keep proper accounts of its transactions and affairs and prepare its financial statements as the Accountant General may di rect. The accounts of the Authority will be audited by …
No objections? Please proceed. Dr. the Hon. E. Grant Gibbons: All right. Thank you. Clause 19 states that the Authority must keep proper accounts of its transactions and affairs and prepare its financial statements as the Accountant General may di rect. The accounts of the Authority will be audited by the Auditor General or other audit as appointed by the Auditor General. The Authority’s f inancial statements should be ready for audit within three months after the end of each financial year. The Authority shall submit a copy of its audited accounts to the Minister, along with the Aud itor’s r eport. The Aud itor will submit any other reports to the Minister as may be necessary. Clause 20 states that within 30 days of recei ving the Auditor’s report the Authority shall submit to the Minister a report on the operations of the Authority
Bermuda House of Assembly for the pr eceding financial year. This report shall i nclude the audited financial statements, significant deviations from the work plan or budget, and detail major activities undertaken dur ing the year. As soon as practicable the Minister will table a copy of the audited financial statements and the report of operations of the Authority before each House of the Legislature. Clause 21 states that the Board of Directors will have immunity from law suits due to any act or omission in the execution of functions u nder this Act. Clause 22 establishes that no Director, officer, employee or advisor shall reveal, except as required by law, any information relating to the affairs of the Authority, any aircraft on the register, or registered owner of an aircraft. Claus e 23 establishes that the Authority shall hire qualified staff to carry out its functions. A public officer may be seconded to the Authority and any per-son sec onded will be treated as continuing in the service of Government. The Authority shall establish, consistent with the approved budget, the remuner ation and terms and condi tions of employment for each staff member. Clause 24 states that the Board shall appoint the Director -General as the principal officer of the A uthority to have general managing direc tion of the A uthority, superi ntendence of aircraft registered in Bermuda, and responsibility for the enforcement and ad-ministration, on behalf of the Governor and the Board, of the provisions of law relat ing to civil aviation appl icable to Bermuda. The Board determines the terms and conditions for the position of Director -General. The Director -General is responsible for the day -to-day management and administration of the Authority, i ncluding: the safety and security of civil aviation in Bermuda; financial a nd operational matters of the A uthority; the development of administrative and human resource manuals; the administration of the register of aircraft; the register of aircraft mortgages; and the register of aircraft engine mortgages. In the absence of the Director -General, the Board may appoint an authorised senior employee of the Authority to di scharge the functions of Director -General and that person would be eligible for remuneration appropriate for the services provided. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any Members that would like to speak to clauses 19 through to 24? There are no Members that would like to speak to clauses 19 through 24. The Chair calls on the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move …
The ChairmanChairmanIt has been moved that clauses 19 through 24 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 19 through 24 passed.]
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Thank you. I move clause 25, Madam Chairman.
The ChairmanChairmanAre there any objections to moving clause 25? No objections. Please proceed. Dr. the Hon. E. Gra nt Gibbons: Thank you. I have an amendment on this one.
The ChairmanChairmanEveryone has a copy. Please proceed. Dr. the Hon. E. Grant Gibbons: All right. Basically clause 25 establishes that anyone who is employed by the Department of Civil Aviation as a public officer immediately prior to the effective date of this Act be offered employment by the Authority. If that …
Everyone has a copy. Please proceed.
Dr. the Hon. E. Grant Gibbons: All right. Basically clause 25 establishes that anyone who is employed by the Department of Civil Aviation as a public officer immediately prior to the effective date of this Act be offered employment by the Authority. If that employee accepts the offer of employment, the terms and conditions of such employment will be no less favourable than those as a public officer.
AMENDMENT TO CLAUSE 25
Dr. the Hon. E. Grant Gibbons: And the Amendment basically amends subsection (3) of clause 25. It is being repealed and substituted with the following ( subsection (3) will now read) : “Every public officer who accepts employment with the Authority offered to him pursuant to this section shall be deemed to have transferred into employment as an employee with the Authority on the date of such acceptance.” The change in wording, the slight change in wording, is such as to make it cl earer in terms of its intent. Thank you.
The ChairmanChairmanThank you, Member. Are there any Members that would like to speak to the amendment to clause 25? There are no Members that would like to speak to the amendment to clause 25. So, Minister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. 2248 24 June …
Thank you, Member. Are there any Members that would like to speak to the amendment to clause 25? There are no Members that would like to speak to the amendment to clause 25. So, Minister, please proceed.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. 2248 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly I move that clause 25 be approved as amended.
The ChairmanChairmanIt has been moved that clause 25 be approved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 25 passed as amended.]
The ChairmanChairmanMinister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Let us see . . . why do we not move all the way up to 31, up to the Schedules.
The ChairmanChairmanWe have in front of us amendments. Dr. the Hon. E. Grant Gibbons: So [clauses] 26 to 31. Oh, sorry.
The ChairmanChairmanWe have amendments to the Sche dule and that would be from — Dr. the Hon. E. Grant Gibbons: I was not going to move the Schedules, so I will mov e up to the Sche dules, how is that?
The ChairmanChairmanYes, that will be fine. Dr. the Hon. E. Grant Gibbons: So, Madam Chai rman, I move that clauses 26 through 31 . . . I move those clauses.
The ChairmanChairmanIt has been moved that clauses 26 through 31 be appr oved as printed. Any objections to that m otion? No objections. Agreed to. [Gavel] Dr. the Hon. E. Grant Gibbons: Okay. [Motion carried: Clauses 26 through 31 passed.]
The ChairmanChairmanSchedule? Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. I move the Schedules and I think there are three of them . Yes, I move Schedules 1, 2 and 3.
The ChairmanChairmanThere . . . can we just do Schedule 1, please, as we do have amendments to Schedule 1? Dr. the Hon. E. Grant Gibbons: Sure. I move Schedule 1.
The ChairmanChairmanAre there any objections to that? Yes, that is why we have amendments.
The ChairmanChairmanThe Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottThank you. Madam Chairman, I still do disagree with the fact that the Minister should have the power, I still agree that it should go to the Governor. However, I think that this would be pedantic and a waste of time if I were to try to move these Schedules …
Thank you. Madam Chairman, I still do disagree with the fact that the Minister should have the power, I still agree that it should go to the Governor. However, I think that this would be pedantic and a waste of time if I were to try to move these Schedules as they are attached to the rest of the legislation . So I am going to be withdrawing my amendment. But I would still like to go on record as saying that I still believe that the delegation of power from the Governor should go directly to Civil Aviation and the Direc tor-General and not to the Government.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to the Schedules? The Chair recognises the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman, and good afternoon Bermuda and good afternoon colleagues. Honourable Minister, Schedule 1 [paragraph] 5, disclosure of interest by Directors . In the interest of transparency will there be at some point penalties put in for Dire ctors who fail to disclose their inter ests? Thank …
The ChairmanChairmanThank you. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I do not see any penalties in here for a Director that fails to disclose an interest. Obviously , we depend to some degree on the integrity of Directors to disclose such interest. …
Thank you. The Chair recognises the Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I do not see any penalties in here for a Director that fails to disclose an interest. Obviously , we depend to some degree on the integrity of Directors to disclose such interest. And I suspect that integrity or lack thereof would certainly be taken into consider ation by the Minister in terms of an appointment or r eappointment and also, I mean, potentially there could be a censure by his board colleagues as well. But in terms of . . . if the Honourable Member is asking are there monetary or other penalties, I do not believe there are any. But clearly it would be a huge breach of trust and a lack of integrity.
Bermuda House of Assembly The Chairman: Thank you.
Dr. the Hon. E. Grant Gibbons: I do not know if that satisfies the Honourable Member, but I think that is the lay of the land.
The ChairmanChairmanAre there any other Members that would like to speak to Schedule 1? The Chair recognises the Member from co nstituency 33.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. I would encourage the Minister to speak with his technical officers, not necessarily for this to be put through today, but when you leave these windows open any little thing is lia ble to crawl in. And as we move into greater openness and transparency …
Thank you, Madam Chai rman. I would encourage the Minister to speak with his technical officers, not necessarily for this to be put through today, but when you leave these windows open any little thing is lia ble to crawl in. And as we move into greater openness and transparency there must be some level of accountability that people will be held to if they are using these positions for personal gain, failing to disclose interests. I would en-courage the Honourab le Minister to please look . . . come back to this House at some point in the future with amendments that will make sure that anyone who tries to transgress in these matters gets the full weight of the law h oisted upon them. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to Schedule 1? The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you. I would be happy to say that we will take that under advisement. I will say t hat I believe this …
Thank you, Member. Are there any other Members that would like to speak to Schedule 1? The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you. I would be happy to say that we will take that under advisement. I will say t hat I believe this discl osure of interest by Directors probably parallels other legislation. Off the top of my head I am not sure which, but I think this is kind of boiler plate clause which has appeared in the last few years and it is ob-viously is in the interest of transpar ency that this di sclosure is now required of Directors. So, but I will take the Honourable Member’s point under advisement , and I am sure the technical officers will as well.
The ChairmanChairmanThank you. Are there any other Members that w ould like to speak to Schedule 1? No other Members. Minister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I guess I am moving that Schedule 1 be approved as printed.
The ChairmanChairmanCorrect. We are moving that Sche dule 1 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Schedule 1 passed.]
The ChairmanChairmanSo if you would do Schedules 2 and 3? Dr. the Hon. E. Grant Gibbons: I am happy to do so. I move Schedules 2 and 3.
The ChairmanChairmanAre there any Members that would like to speak to Schedules 2 and 3? There are no Members that would like to speak to Schedules 2 and 3. Minister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that Schedules 2 and 3 be approved …
The ChairmanChairmanIt has been moved that Schedules 2 and 3 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Schedules 2 and 3 passed. ] Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that the Bill be reported, …
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel]
The ChairmanChairmanPreamble? Dr. the Hon. E. Grant Gibbons: Sorry, we will slip the Preamble in there. I move that the Preamble be accepted.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. 2250 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly [Gavel] [Motion carried: The Bermuda Civil Aviation Authority Act 2016 was considered by a Committee of the whole …
It has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to.
2250 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly [Gavel]
[Motion carried: The Bermuda Civil Aviation Authority Act 2016 was considered by a Committee of the whole House and passed with amendments.]
[Pause]
House resumed [Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
BERMUDA CIVIL AVIATION AUTHORITY ACT 2016
The SpeakerThe SpeakerOkay, Members, the Bermuda Civil Aviation Authority Act 2016 has been approved as amended. And we now move to Order No. 6 on the P aper, which is the Ber muda Shipping and Maritime A uthority Act 2016 and that also is in the name of the Minister of Ec …
Okay, Members, the Bermuda Civil Aviation Authority Act 2016 has been approved as amended. And we now move to Order No. 6 on the P aper, which is the Ber muda Shipping and Maritime A uthority Act 2016 and that also is in the name of the Minister of Ec onomic Development , the Honourable Dr. Grant Gibbons. You have the floor.
BILL
SECOND READING
BERMUDA SHIPPING AND MARITIME AUTHORITY ACT 2016
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Bermuda Shipping and Maritime Authority Act 2016 be now read the second time.
The SpeakerThe SpeakerAny objections to that? Then please carry on, Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I am pleased to introduce the Bill entitled the Bermuda Shipping and Maritime Authority Act 2016. This Bill is intended to create an efficient, competitive and ec onomically viable shipping registry …
Any objections to that? Then please carry on, Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I am pleased to introduce the Bill entitled the Bermuda Shipping and Maritime Authority Act 2016. This Bill is intended to create an efficient, competitive and ec onomically viable shipping registry that can meet the modern day customer demands as well as the relevant national and international standards. This Bill addresses two fundamental criteria for the successful operation of the Authority. Firstly, it will create the legal framework for the establishment of a quango as a body corporate which can engage in ship registration work as a commercial business unit. And secondly, it will fulfil the regulatory requirements under the Merchant Shipping Act 2002 as a National Maritime Administration by allowing the Minister to have the oversight of the statutory functions conducted by the Authority. In addition, the Bill will first provide for the DMA [Department of Maritime Administration] to be established as a quango to be named as the Bermuda Shipping and Maritime Authority. And secondly, allow the Bermuda Shipping and Maritime Authority to co ntinue with the statutory functions which were hitherto conducted by the D MA u nder Part II of the Merchant Shipping Act 2002. Mr. Speaker, in addition to the fundamental criteria s tated above, this legislation also provides for the establishment of a Board of Directors, provides for the Mini ster to give general and specific directions to the Board of Directors, requires the quango to pr oduce a work plan and budget to support the ongoing operations, and requires arrangements for the transfer of net surplus revenues to be submitted into the Gov-ernment’s consolidated fund inter alia. Mr. Speaker, as some Honourable Members will know, the current Department of Maritime Admini-stration, or DMA , is responsible for the operation of the Bermuda shipping registry and administration of the standards of the international maritime conventions and national laws on Bermuda’s ships. The DMA consists of two main divisions —the registry of shipping an d the survey division. The regi stry section is responsible for recording of ships on the Bermuda shipping register and issuing a certificate of British registry to each ship that is registered and a dministering the application registration fees. Additio nally, this division is r esponsible for issuing seafarers’ documentation for which substantial fees are charged. In essence, this division is the commercial and bus iness arm of the DMA that gener ates the bulk of the revenue for the Department. Mr. Speaker, by registering in Bermuda a ship acquires the Bermuda nationality and is entitled to fly the Bermuda flag for the duration of its registration in Bermuda. The United Nations Convention on the Law of the Sea 1984, otherwise known as UNCLOS 1984 (I have often wondered how you pronounce that, but I am going to call it “un close”), and the associated other international maritime conventions govern the rights and obligations of ships when engaged on international voyages. The survey division is responsible for regul atory matters of Bermuda’s ships as well as foreign ships arriving in Bermuda ports. The Bermuda surveyors undertake i nspections of Bermuda ships wherever they may be and charge the applicable fees for this service. It is also the responsibility of the survey division to inspect foreign ships arriving in Bermuda ports to ensure their compliance with the provisions of the international maritime conventions. These inspections are called port state control inspections and are undertaken at no charge. Mr. Speaker, Bermuda’s shipping registry has been in existence since 1789 and has served BerBermuda House of Assembly muda well. Since its inception, the shipping registry operation has r emained largely unchanged for over 200 years. The current Merchant Shipping Act 2002 is based on the UK Merchant Shipping Act 1995, which is a consolidation of the UK 1894 Act and its related amendments. The structure of the Bermuda shipping registry has been formed under the provision of the above legislation, which is rather outdated when compared with ot her modern shipping registries , and is not conducive for the growth and expansion of the regi stry. Mr. Speaker, Bermuda currently commands a modern fleet of 170 ships with a respectable tonnage of over 13 million gross tons and is steadily growing. The rev enue earned by the DMA as fees for the regi stration of ships and other service provided is approx imately $5 million annually, with a net surplus of nearly $3 million annually. Mr. Speaker, compared to other international registries, such as Panama, which h as 220.5 million tons; Liberia , which has 130.8 million tons ; Marshall Islands , 127 mi llion tons ; Hong Kong , 101.5 million tons; and Singapore at 83.8 million tons, Bermuda’s tonnage is rather small, which provides the DMA great opportunity for expansion. Mr. Speaker, an analysis of the business structures of the above- mentioned registries shows, among other things, that they have been established as commercial e ntities rather than as rigidly controlled government administrations. This arrangement has given these registries the freedom to conduct ship registration as commercial transac tions which has fostered better business and commercial relationships. Mr. Speaker, Bermuda is competing with the sizable registries mentioned above. This is by no means an exhaustive list, but it simply shows how competitive the market is when all of the registries are trying to attract the same ships and the same ship owners. As commercial entities these registries are well organised and well funded in order to promote their r egistries as efficiently and as effectively as possible. With the proposed amendments in this Bill the DMA believes they should be able to compete more effectively and enhance Bermuda’s shipping opport unities. Mr. Speaker, after a number of difficult years the global economy is now slow ly growing and the shipping sector is expected to grow at a rate of 5 per cent per an num. Bermuda needs to be ready to compete and get a fair share of this tonnage. Several studies have been conducted to identify the dra wback s of the DMA to be able to expand and grow in the open market in its current form. Mr. Speaker, you may recall the report submitted by the SAGE Commission following its extensive study of the Bermuda Government had recom-mended privatising the Department of Maritime A dministration to monetise the potential revenue stream and allow for staff growth to meet the market demands. The Report further recommended that should outright privatisation not be an option due to legal or regulatory issues, a quango structur e should be considered. Mr. Speaker, other Red Ensign Group me mbers have already taken similar initiatives. The UK has the Maritime and Coastguard Agency, known as the MCA. The Cayman Islands has the Maritime Authority of the Cayman Islands, known as MACI. And other registries such as the Bahamas, Liberia, Marshall I slands, Hong Kong, and Si ngapore are operating very successfully as non- governmental organisations. To that end, Government is acting on the recommendations given in the report of the SAGE Commi ssion for the DMA to be established as a quango. Mr. Speaker, under the Authority model the Government’s interests are protected by appointments to the Board of Directors. While the Authority is quasi - autonomous it is still connected to Government through the legislation and the Government still has the ability to deliver on its objectives under this model. The Government also benefits by the Authority : 1. having the ability to respond to clients’ r equests in “business time”; 2. continuing to flow revenue to t he gover nment’s consolidated fund based on an agreed formula; 3. maintaining a favourable relationship with the UK Government; 4. moving the human resources outside of the Government, which reduces the public service employee numbers, moves the payroll and benefits expense outside of Government while mitigating any loss of jobs; 5. reducing the administrative demands each department currently places on government resources such as finance, human resources, and ITO, thus freeing up critical time for these support departments to provide services to other Government ministries, departments, sections, and business units; 6. allowing Bermuda to be more competitive in the highly lucrative shipping industry. Mr. Speaker, in essence, we believe this Bill provides a signifi cant step forward for the DMA and for Bermuda’s competitiveness in the international shipping area. In closing, I would like to the thank members of the Ministry, the DMA, and I see Captain Pat Nawaratne sitting here who is the Director, and the Attorney General’s Chambers and the working group who all worked together to bring this project to fruition. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Dr. Gibbons. The Chair will now recognise the Honourable Member from constituency 24, MP Lawrence Scott. 2252 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly You have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. My concerns with this, once again, would be very reminiscent and almost echo that of that with the creation of the Civil Aviation Authority. I believe that if you are go ing to create something that is independent of the Government, it should be independent of …
Thank you, Mr. Speaker. My concerns with this, once again, would be very reminiscent and almost echo that of that with the creation of the Civil Aviation Authority. I believe that if you are go ing to create something that is independent of the Government, it should be independent of the Government and should come underneath the Governor, not the Government. So I do not really have anything new to say about the shipping registry which I have not already said abou t the Civil Aviation Authority. So with those brief words I will actually take my seat with the fact that I . . . we . . . this side agrees with the shipping registry, but due to the international implications , we think that it should come under section 62 of the Constitution, which means that the Governor is respons ible for external affairs. We believe that it should still . . . it should stay that way.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Learned Member from consti tuency 31, MP Shawn Crockwell. You have the floor.
Mr. Shawn G. CrockwellYes, thank you, Mr. Speaker. The justification for why we established the Civil Aviation Authority is basically the same for why we are establishing the Shipping Authority, Mr. Speaker, so I cer tainly will not repeat what I said earlier. With that said, I did miss the Minister’s presentation, and …
Yes, thank you, Mr. Speaker. The justification for why we established the Civil Aviation Authority is basically the same for why we are establishing the Shipping Authority, Mr. Speaker, so I cer tainly will not repeat what I said earlier. With that said, I did miss the Minister’s presentation, and I apologise for that. He may have gone over this , but I just wanted to just go back a little bit and provide the House with a brief chr onology of where we have been in relation to the shipping regi stry. When we became the Government , the regi stry received an unfavourable audit by the United Kin gdom Government. There were substantial deficiencies that needed to be addressed within the reg istry. At that time the registry fell under the remit of the Mini ster who is leading today , Dr. Gibbons, and immediate remedial action was taken to address those concerns. We have in the House today the Director of the D epartment, Captain Pat, and he worked very hard to ensure that the registry was compliant , and that we were able to have all of the protective measures that were put in place by the UK Government removed. When I became the Minister , I inherited the good work of the previous Minister and the department , and I was able to report to this H onourable House that we were back on a good footing and mov-ing in the right direction. So now we are at the point where the department will move into a quango, very similar to what we did with Civil Aviation, and it will have the same opportunities to grow the registry. Mr. Speaker, I believe that it is the shipping registry that has the most potential for growth. What we have been doing, Mr. Speaker, and the job that the Director was charged with, was to ens ure that we were compliant from a regulatory perspective, and he has done an outstanding job in doing that and we owe him a debt of gratitude. Now we have to slightly shift, we have to continue to ensure that we are regulatory compliant, but now we have t o become more commercially compet itive in this area. It is an extremely competitive area, there is a great deal of growth, and in recent times one of our chief competitors, which is Panama . . . they have their challenges. So I think that is an oppor-tunity for Bermuda to really do something in this i ndustry which can help create jobs for Bermudians and certainly create another robust . . . it exists now , but I think that it can grow and be far more robust, which, again, will be good for the jurisdiction. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, MP Crockwell. Any other Member care to speak? The Chair will now recognise the Minister again. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I thank the Shadow Minister and also my colleague, Mr. Crockwell , for their contributions. I understand the concern …
All right. Thank you, MP Crockwell. Any other Member care to speak? The Chair will now recognise the Minister again.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I thank the Shadow Minister and also my colleague, Mr. Crockwell , for their contributions. I understand the concern of the Shadow Mi nister. He expressed it in the last piece of legislation . But I think we managed in the same way there to balance these inter national responsibilities with essentially an effective oversight and governance model here. I think it is worth stating, and my honourable colleague who had responsibility for this some months ago, and Captain Pat , will understand or certainly a ppreciate this as well, but Bermuda is part of what is called the Red Ensign Group. And that Group, which is very highly thought of, is essentially a group of registries , including the UK one, that has quite high standards. And I think there was a point at which we were getting very threatening noises from them, going back a couple of years, because of the audit that my ho nourable colleague referred to. But I think we are now back in good stead and it is a seal of approval, if you will, to be a member of the Red Ensign Group and it gives Bermuda certain advantages shared by some other Overseas Territ ories, like Cayman , as well. But nevertheless it is very important for us to maintain those standards and the shift from the department model, which we have now, to a quango model will give additional flexibi lity to Captain Pat and his team, under a quango basis, give them additional ability to be able to hire, without the normal sort of government restrictions, the types of
Bermuda House of Assembly maritime and nautical surveyors required and also to be able to attract them because of, what I will call, appropriate compensation levels as well. So I think we are moving in a good direction here and, as I said, this is a quasi -autonomous model, it is not a fully autonomous model, but that is the bal-ance we be lieve is correct. And with those words, Mr. Speaker, I would ask that the Bill be committed. Thank you.
The SpeakerThe SpeakerThank you, Minister. The Minister has moved that the Bill be committed. Are there any objections to that? There are none. I will ask that the Deputy Speaker please take the Chair [of Committee] . [Pause] House in Committee [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL BERMUDA SHIPPING AND …
The ChairmanChairmanMembers, we are now in Committee of the whole House for further cons ideration of the Bill entitled Bermuda Shipping and Maritime Authority Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam …
Members, we are now in Committee of the whole House for further cons ideration of the Bill entitled Bermuda Shipping and Maritime Authority Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, I do have amendments which absolutely parallel the amendments in the last Civil Aviation Authority Bill and they are amendments to clauses 12 and 26. I do not know whether the Honourable Member on the other side has amendments or not, but —
The ChairmanChairmanI do not have a copy of amendments. Dr. the Hon. E. Grant Gibbons: Okay. Would you like a copy of my amendments?
The ChairmanChairmanI think we would like to have a copy of the amendments. Thank you. [Pause] Dr. the Hon. E. Grant Gibbons: I know the Serg eantat-Arms had about 40 of them, so—
The ChairmanChairmanOkay. [Inaudible interjection] Dr. the Hon. E . Grant Gibbons: They are the exact same thing. The only difference is that the clause is different so—
The ChairmanChairmanOkay. I just need to know where to stop and start. Dr. the Hon. E. Grant Gibbons: Yes
The ChairmanChairmanCan I have one, please? Thank you. [Inaudible interjections]
The ChairmanChairmanThank you very much. Please proceed. Dr. the Hon. E. Grant Gibbons: Okay. Thank you, Madam Chairman. So what I would like to propose is that I move clauses 1 through 11; that will take me up to the amending cl ause.
The ChairmanChairmanAre there any objections to moving clauses 1 through 11? No objections. Agreed to. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. This Bill seeks to establish and stabilise the Bermuda Shipping and Marit ime Authority that will continue with responsibilities of the Maritime Administration as …
Are there any objections to moving clauses 1 through 11? No objections. Agreed to. Please proceed.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. This Bill seeks to establish and stabilise the Bermuda Shipping and Marit ime Authority that will continue with responsibilities of the Maritime Administration as set out in the Merchant Shipping Act 2002. Clause 1 provides the title of the Bill. Clause 2 defines certain terms that are used in the Bill, definitions , as it were. Clause 3 provides for the establishment of the Authority as a body corporate. Clause 4 sets out the principal functions of the Authority. This clause provides that the Authority will have the power to administer and enforce all matters relating to maritim e administration for which the Mini ster is responsible under the Merchant Shipping Act 2002 and the laws in force in Bermuda relating to merchant shipping and se amen. Clause 5 sets out the Authority’s powers. Clause 6 provides that the Authority is to main tain an official website and specifies the material to be published on the website. Clause 7 permits the Minister to issue M inisterial directions to the Authority. This clause confirms that the Minister will continue, in accordance with the Merchant Shi pping Act 2002, to have the general oversight of all matters relating to merchant shipping and seafarers. 2254 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Clause 8 establishes the Board of Directors of the Authority, and specifies its composition. Schedule 1 specifies the term for which each Director is to be appointed and procedural requirements for pr oceedings of the Board of Directors. Clause 9 requires the Minister to cause an i nterest register to be kept. Clause 10 provides that the Board of Directors may delegate its powers and duties to any Director o r to any member of the Authority’s staff. Clause 11 sets out the financial year of the Authority. Thank you.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 11? The Chair recognises the Member from constituen cy 24.
Mr. W. Lawrence ScottAnd, Madam Chairman, I guess the Minister is happy that I do not have my list of 20 amendments to this Bill, but at the same time in all seriousness, I still do . . . once again, as I did with the Civil Aviation Authority, I agree with the …
And, Madam Chairman, I guess the Minister is happy that I do not have my list of 20 amendments to this Bill, but at the same time in all seriousness, I still do . . . once again, as I did with the Civil Aviation Authority, I agree with the principle. But I really believe that if you are going to go ind ependent and have an independ ent body that it should be totally independent. I understand the need for start - up costs and what not, but I also think that constit utionally section 62 of our Constitution should play a little bit more heavily in this piece of legislation than it already does.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clauses 1 through 11? The Chair recognises the Member from co nstituency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. With your leave, because I am not quite sure where my question fits in terms …
Thank you, Member. Are there any other Members that would like to speak to clauses 1 through 11? The Chair recognises the Member from co nstituency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. With your leave, because I am not quite sure where my question fits in terms of speaking to [clauses] 1 through 11, but if the Minister . . . I was concerned to under stand what were the concerns that the British Authority had against us? And were they legitimate? And we know that Captain Pat has organised getting us compliant, but if we could be reminded about those concerns.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. The simple answer to that is, as I was saying in the whole House, that the Red Ensign Group has certain requirements in terms of , I will say , the ratio …
Thank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. The simple answer to that is, as I was saying in the whole House, that the Red Ensign Group has certain requirements in terms of , I will say , the ratio between the number of ships on the registry and the number of nautical surveyors that are required to make sure that they are compliant with all of the UN and UK legislation and our legi slation as well. And because the number of the staff had dropped below a certain proportion, that was the principa l objection, because we were not keeping up with the num ber of ships and, as a consequence, at one point the Governor, as a consequence of the . . . I cannot remember the name . . . the Maritime and Coastguard Agency who was sort of a regulat or in a way, or an international regulator, basically said that he was not going to allow any further additions to the registry until this was corrected. There was also some concern, if I remember, with the Red Ensign Group saying that we were not complian t and, obviously, if we do not meet their standards we may have been asked to leave that . . . whatever the appropriate arrangement would have been there. So I think those were the princip al reasons that we had issues at that time. But, as we have said, t his will allow more flexibility for the quango to be able to hire and attract qualified surveyors and other technical people to be able to do the job that is required here.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 11? No other Members. Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clauses 1 through 11 be approved as printed.
The ChairmanChairmanIt has been moved that clauses 1 through 11 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 11 passed.]
The ChairmanChairmanPlease proceed. Clause 12 only. Dr. the Hon. E. Grant Gibbons: Yes, thank you. I move clause 12. Clause 12 sets out the requirement for the Authority to prepare and seek approval of its work plan and annual budget. And as I said, this section has been pretty much adopted …
Please proceed. Clause 12 only.
Dr. the Hon. E. Grant Gibbons: Yes, thank you. I move clause 12. Clause 12 sets out the requirement for the Authority to prepare and seek approval of its work plan and annual budget. And as I said, this section has been pretty much adopted in tact from the Regulatory Authority Act which is already in place.
AMENDMENT TO CLAUSE 12
Dr. t he Hon. E. Grant Gibbons: I have an amendment, Madam Chairman, as I said. And the amendBermuda House of Assembly ment is really an addition, as we did in the previous Act, of two additional subsections. So clause 12 is amended by inserting after subsection (9) the following subsec tions: Subsection (10) in which the Authority shall specify in its annual report the title and corresponding salary of every senior executive within the Authority. Sub-clause (11) in this section “senior exec utive” means: (a) Director or the Chief Executive Off icer; and (b) any other person who, under the immediate authority of a Director or the Chief Executive Off icer, either exercises managerial functions or is r esponsible for maintaining accounts or other records of the Authority.
The ChairmanChairmanThank you. Are there any Members that would like to speak to the amendment to clause 12? There are no Members that would like to speak to the amendment to clause 12. Minister? Dr. the Hon. E. Grant Gibbons: Thanks, Madam Chairman. I move that clause 12 be approved as …
The ChairmanChairmanIt has been moved that clause 12 be approved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 12 passed as amended.] Dr. the Hon. E. Grant Gibbons: Madam Chairman, I am tempted now to move the following clauses up to clause …
It has been moved that clause 12 be approved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: Clause 12 passed as amended.] Dr. the Hon. E. Grant Gibbons: Madam Chairman, I am tempted now to move the following clauses up to clause 32 which is the commencement, unless the Honourable Member has an objection to that.
The ChairmanChairmanSo that would be clauses 12 through 32? Dr. the Hon. E. Grant Gibbons: [Clauses] 12 through 32, yes.
The ChairmanChairmanSo can we do from clause 12 through 26? Dr. the Hon. E. Grant Gibbons: Thank you. I appr eciate the Honourable Mem ber—
The ChairmanChairman[Clause] 25. Dr. the Hon. E. Grant Gibbons: Yes, it is actually my amendment, so let us do up to clause 25. Thank you.
The ChairmanChairmanThank you. Dr. the Hon. E. Grant Gibbons: Okay, so let us see, we have done [clause] 12. Clause 13 provides for the funds of the A uthority and specifies the authorised capital of the A uthority. This clause also directs the Authority to esta blish an Operating Fund and …
Thank you. Dr. the Hon. E. Grant Gibbons: Okay, so let us see, we have done [clause] 12. Clause 13 provides for the funds of the A uthority and specifies the authorised capital of the A uthority. This clause also directs the Authority to esta blish an Operating Fund and Reserve Fund. Clause 14 provides for the Government to make an initial payment as paid- up capital of the A uthority and for the Government to make advances of funds to the A uthority from time to time. The Authority must repay the initial paid- up capital and in any case in which the Minister advances funds to the Authority, the Authority shal l repay such funds. Clause 15 provides for loans and repayment thereof. Clause 16 provides for the Authority’s Operating Fund. Clause 17 provides for the Authority’s R eserve Fund. Clause 18 establishes the Authority’s right to open bank accounts and purchase specific types of financial instruments. Clause 19 provides for the manner of transfer of any net surplus that the Authority may realise in any year. Clause 20 requires the Authority to keep proper books and records and to provide audited an-nual financ ial statements. Clause 21 requires the Authority to provide the financial statements and annual report to the Mi nister who will provide copies to the Legislature. The Authority will pu blish the report and financial stat ements on its official website. Claus e 22 provides that Directors, members of staff or other persons acting on behalf of the A uthority shall not be liable in respect of acts done in good faith in the execution of their duties. Clause 23 prohibits unauthorised disclosure of confidential inform ation. Clause 24 contains general provisions regar ding the employment, remuneration and benefits of the Authority’s staff. And clause 25 establishes the position of Chief Executive of the Authority, and sets out the Chief Executive’s primary responsibiliti es. Thank you.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 12 [sic] through 25? 2256 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly There are no Members that would like to speak to clauses 12 [sic] through 25. Minister? Dr. the Hon. E. Grant …
Thank you. Are there any Members that would like to speak to clauses 12 [sic] through 25? 2256 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly There are no Members that would like to speak to clauses 12 [sic] through 25. Minister?
Dr. the Hon. E. Grant Gibbons: Thank you. I move that clauses 12 [sic] through 25 be approved as printed.
The ChairmanChairmanIt has been moved that clauses 12 [sic] through 25 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] Dr. the Hon. E. Grant G ibbons: [Clause] 13 through 25.
The ChairmanChairman[Clause] 13. Dr. the Hon. E. Grant Gibbons: Okay. [Motion carried: Clauses 13 through 25 passed.]
The ChairmanChairmanPlease proceed with clause 26. Dr. the Hon. E. Grant Gibbons: Thank you. I move clause 26, and this is the one where I have the amendment . . . yes. Clause 26 provides for certain public officers of the Department of Maritime Administration to transfer from that department to …
Please proceed with clause 26. Dr. the Hon. E. Grant Gibbons: Thank you. I move clause 26, and this is the one where I have the amendment . . . yes. Clause 26 provides for certain public officers of the Department of Maritime Administration to transfer from that department to the service of the Authority as em ployees of the Authority.
AMENDMENT TO CLAUSE 26
Dr. the Hon. E. Grant Gibbons: And, as with the pr evious legislation, we are going to replace subsection . . . the amendment is to replace subsection (3) of clause 26 and substitut e instead that “every public officer who accepts employment w ith the Authority” . . . sorry, let me start again. Subsection (3) reads “every public officer who accepts employment with the Authority offered to him pursuant to this section shall be deemed to have transferred into employment as an employee with the Authority on the date of such acceptance.” And, again, that is to clarify this issue of transfer and the employment. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any Members that would like to speak to the amendment to clause 26? There are no Members that would like to speak to the amendment to clause 26. Minister? Dr. the Hon. E. Grant Gibbons: Thank you. I move that clause 26 be approved as amended.
The ChairmanChairmanIt has been moved that clause 26 be approved as amended. Are there a ny objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 26 passed as amended.] Dr. the Hon. E. Grant Gibbons: Let us see, so we will do . . . I will move …
The ChairmanChairmanAny objections to movi ng clauses 27 through 32? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Clause 27 provides for pensions for employees of the Authority. Clause 28 provides for health insurance for employees of the Authority. Clause 29 empowers the Minist er to make regulations. Clause …
Any objections to movi ng clauses 27 through 32? No objections. Please proceed.
Dr. the Hon. E. Grant Gibbons: Clause 27 provides for pensions for employees of the Authority. Clause 28 provides for health insurance for employees of the Authority. Clause 29 empowers the Minist er to make regulations. Clause 30 and Schedule 2 provide for savings and transitional matters. Clause 31 and Schedule 3 make amendments to legislation consequential on the enactment of this Act. And clause 32 provides for commencement.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 27 through 32? There are no Members that would like to speak to clauses 27 through 32. Minister? Dr. the Hon. E. Grant Gibbons: Thank you. I move that clauses 27 through 32 be approved as printed.
The ChairmanChairmanIt has been moved that clauses 27 through 32 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 27 through 32 passed.] Dr. the Hon. E. Grant Gibbons: Would you li ke me to move Schedules 1, 2 and 3 —
The ChairmanChairmanAre there any objections? Bermuda House of Assembly No? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you. I move that Schedules 1, 2 and 3 are moved.
The ChairmanChairmanIt has been moved that Schedules 1, 2 and 3 be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel]
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. They pretty much parallel what we did in the last section, and I am not going to go into any detail here except to say that Schedule 1 essentially defines the constit ution and proceedings of the Board, …
Please proceed.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. They pretty much parallel what we did in the last section, and I am not going to go into any detail here except to say that Schedule 1 essentially defines the constit ution and proceedings of the Board, committees of the Board, and meetings and proceedings of the Board. Schedule 2 deals with savings and transitional matters, such as, if there are any ships on the registry in the DMA [ Department of Maritime Administration] right now, they will continue on the registry when it is transferred. It also talks about transfer of appointments, so if you are an office holder now, you will get shifted over with the same title, basically, under the quango. Schedule 3 deals with consequential amendments to the Merchant Shipping Act, and also talks about official log books that will continue to have to be kept as well under similar cir cumstances. Thank you, Madam Chairman.
The ChairmanChairmanIt has been moved that Schedules 1 through 3 be approved. The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: Thank you, Madam Chai rman. Minister, can you tell us how m uch the Board members will be paid? Will it be similar to the …
It has been moved that Schedules 1 through 3 be approved. The Chair recognises the Member from constituency 29.
Hon. Zane J. S. De Silva: Thank you, Madam Chai rman. Minister, can you tell us how m uch the Board members will be paid? Will it be similar to the Ber-muda Tourism Authority, $20,000 a year? Or maybe $50,000? Can you give us any idea—
The ChairmanChairmanMember, you can tell me what Schedule please? Hon. Zane J. S. De Silva: Between Schedule 1 and 3. [Laughter]
The ChairmanChairmanThe Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you. And how would I have known that that Honourable Member would have raised that particular question? I think the simple answer is that we do not know at this point, but I am sure the Honourable Member …
The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you. And how would I have known that that Honourable Member would have raised that particular question? I think the simple answer is that we do not know at this point, but I am sure the Honourable Member will be fairly familiar with Parliamentary Questions which can el ucidate that. I will say, however, that because of the amendments we have made that the salaries of the various officers and others w ill be disclosed in the f inancial reports. But the simple answer is, I do not know right now. The quango has not been set up. The Board has not been selected at this point. We are waiting for the legislation so that will come in due course. And, no, I will not make any guarantees what that salary or those fees may be.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the Schedules 1 through 3? The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: Thank you, Madam Chai rman. Well, I guess what the Minister is saying is that he will give …
Thank you. Are there any other Members that would like to speak to the Schedules 1 through 3? The Chair recognises the Member from constituency 29.
Hon. Zane J. S. De Silva: Thank you, Madam Chai rman. Well, I guess what the Minister is saying is that he will give an undertaking that when these sal aries are approved for Board members, he will certainly bring that infor mation to the House. And just on his note on Parliamentary Questions, this is a good time to ask these questions Madam Chairman, because as you have witnessed this morning, we have parliamentary questions, about 30 of them that —
The ChairmanChairmanMember, we are going to stick to the Bill that we have. Hon. Zane J. S. De Silva: —the Minister did not have answers for.
The ChairmanChairmanWe are going to stick to the Bill that we have. Thank you. Hon. Zane J. S. De Silva: Okay.
The ChairmanChairmanWe are not in general debate. Thank you. Are there any other Members that would like to speak to Schedules 1 through 3? No other Members. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you. Thank you, Madam Chairman. I am sure the substantive Minister will …
We are not in general debate. Thank you. Are there any other Members that would like to speak to Schedules 1 through 3? No other Members. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you. Thank you, Madam Chairman. I am sure the substantive Minister will be ma king some statements in another place as well. I am simply the one who carries the message up here, so— 2258 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly
An Hon. Member An Hon. MemberNo, no, no. [Laughter] Dr. the Hon. E. Grant Gibbons: I will pass that particular request on to the appropriate sender. Thank you.
The ChairmanChairmanIf you would be so kind to m ove the Schedules. Dr. the Hon. E. Grant Gibbons: I would be happy to move Schedules 1, 2 and 3 and move that they be approved as printed.
The ChairmanChairmanThank you. It has been moved that Schedules 1, 2 and 3 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Schedules 1, 2 and 3 passed.] Dr. the Hon. E. Grant Gibbons: I move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] Dr. the Hon. E. Grant Gibbons: And I move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Any objections to that motion? No objec tions. Agreed to. [Gavel] [Motion carried: The Bermuda Shipping and Maritime Authority Act 2016 was considered by a Committee of the whole House and passed as amended .] [Pause] …
It has been moved that the Bill be reported to the House as amended. Any objections to that motion? No objec tions. Agreed to. [Gavel]
[Motion carried: The Bermuda Shipping and Maritime Authority Act 2016 was considered by a Committee of the whole House and passed as amended .]
[Pause]
House resumed
[Hon. K. H. Randolph Horton, Speaker, in the Chair] REP ORT OF COMMITTEE
BERMUDA SHIPPING MARITIME AUTHORITY ACT 2016
The SpeakerThe SpeakerThank you, Honourable Members. The Bermuda Shipping Maritime Authority Act 2016 has been read a second time and approved. The rest of the Orders are carried over. So the Chair w ill first recognise the Learned Attorney General. SUSPENSION OF STANDING ORDER 21 Hon. Trevor G. Moniz: Thank you, Mr. …
Thank you, Honourable Members. The Bermuda Shipping Maritime Authority Act 2016 has been read a second time and approved. The rest of the Orders are carried over. So the Chair w ill first recognise the Learned Attorney General.
SUSPENSION OF STANDING ORDER 21
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Criminal Code Amendment Act 2016 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections to that? Carry on, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING CRIMINAL CODE AMENDMENT ACT 2016 Hon. Trevor G. Moniz: The Criminal Code Amendment Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerThank you, Minister. Are there any objections to that? There are none. So the Criminal Code Amendment Act 2016 is passed. [Motion carried: The Criminal Code Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will recognise the Minister for Economic 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 enabl e me to move that the Bill entitled the Bermuda Civil Aviation Authority …
The Chair will recognise the Minister for Economic 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 enabl e me to move that the Bill entitled the Bermuda Civil Aviation Authority Act 2016 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections? Carry on, Minister. [Motion carried: Standing Order 21 suspended.] Bermuda House of Assembly BILL THIRD READING BERMUDA CIVIL AVIATION AUTHORITY ACT 2016 Dr. the Hon. E. Grant Gibbons: The Bermuda Civil Aviation Authority Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerAre there any objections to that? The Bill is now passed, the Bermuda Civil Aviation Authorit y Act 2016 . [Motion carried: The Bermuda Civil Aviation Authority Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerCarry on with your next Bill. 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 the Ber-muda Shipping and Maritime Authority Act 2016 be now read the …
The SpeakerThe SpeakerAny objections? Carry on, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA SHIPPING AND MARITIME AUTHORITY ACT 2016 Dr. the Hon. E. Grant Gibbons: The Bermuda Shi pping and Maritime Authority Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerThank you, Minister. Are there any objections to that? The Bermuda Shipping and Maritime Authority Act 2016 is passed. [Motion carried: The Bermuda Shipping and Maritime Authority Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerPremier? ADJOURNMENT Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I move that we now adjourn until next Friday, July 1 st.
The SpeakerThe SpeakerThank you. The Chair will recognise the Member from constituency 13, MP Rabain. WORK PERMITS AND THE NATIONAL OCCUP ATIONAL CERTIFICATION ACT
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Mr. Speaker, three weeks ago I spoke to a report on the results to some questions that the Mini ster of Home Affairs had given to us about work per-mits for particular categories, those categories being categories that requi red certification. Mr. Speaker, at that time …
Thank you, Mr. Speaker. Mr. Speaker, three weeks ago I spoke to a report on the results to some questions that the Mini ster of Home Affairs had given to us about work per-mits for particular categories, those categories being categories that requi red certification. Mr. Speaker, at that time I accused the Government of issuing permits that are essentially illegal because nothing had been done to ensure that the persons that were given those permits had the r equired certification as required by law. Three weeks gone and we have yet to hear anything from the Government on exactly what was happen ing there. What was going on? What were they going to do about these permits that, I maintain, had been issued ill egally? I would like to hear something from t he Government. I am sure the people of Bermuda would like to hear something from the Government. I say that, Mr. Speaker, because during that time when we had the discussion, the Minister at the time stated, and I quote, “ 1be assured that I will get to the bottom of why we have such a large number of new or renewal permits in 2015 . . .” And, again, I r epeat, I have not heard anything about that. You know, this comes at a time, Mr. Speaker, we have just had the 2016 [Job Market] Employment Brief released and the brief shows that we have now entered into our seventh consecutive year of job losses for Bermudians. What is amazing about that, or what people are really taking away from that, is that we are now entering into our third consecutive year of jobs being created for non- Bermudians. So we are going in the opposite direction for Bermudians, but in a different direction for non -Bermudians. And, again, it goes back to this thing that I talked about, about permits being issued out, [that] by law have requir ements that are just not being looked into. So, I challenge the Government to come to us and say w hat we are doing about this .
WORKFORCE DEVELOPMENT, THE NATIONAL TRAINING PLAN
Mr. Diallo V. S. RabainLast time we spoke on this, Mr. Speaker, I had the c hairman of the National Trai ning Board get up and give examples of people he had personally hired who did not fit the bill and ended up 1 Official Hansard Report , 3 June 2016, page 1991 2260 …
Last time we spoke on this, Mr. Speaker, I had the c hairman of the National Trai ning Board get up and give examples of people he had personally hired who did not fit the bill and ended up
1 Official Hansard Report , 3 June 2016, page 1991 2260 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly leaving the job. And there has been much discussion since that about one particular category I spoke about, which was la ndscape gardeners. We even heard people in this Chamber say, Wow! That’s hard work. That’s work Bermudians do not want to do. However, Mr. Speaker, I can say that since then I have had people call me and reach out to me and say, Hey, I don’t mind working in that field. I just can’t get hired. I don’t mind doing that hard work. I just can’t get a return call. I have spoken to them and asked them, if they have registered with Workforce Development . And the answer I get back is, That’s a waste of time. I’ve been there. I haven’t heard from anybody in six months. I haven’t heard from anybody in nine months. And this, Mr. Speaker, is something we really need to address. Mr. Speaker, the category of landscape gardener being a certified trade was introduced by this Government. It was not something that was always on the books. This Government saw fit, for whatever reason, to say, Hey, let’s make landscape gardeners a certified trade. Now, if you are going to make it a cert ified trade, one of the next things you would think would be logical is to come up with a way of training our people to be become certified. And to date, we have not seen any of that. In fact, as I mentioned, we had the chairman of the National Training Board say that he had people come on boar d and he could not retain them. So, Mr. Speaker, if there was some sort of reason why we made that a certified trade, what has followed up behind that to ensure that we have people who are pr epared and ready? And when I refer to the 2016 [Job Market] Emplo yment Brief, guess which category went out with work permits? Landscape gardeners. But we knew that already. So, Mr. Speaker, I challenge this Government. Are we serious? Are we really serious about getting our people registered? Are we really serious abou t getting our people pr epared? We have heard several statements in the House about, you know, What are we doing in that remit to get people prepared? And earlier we were talking about gaming coming. What are we doing to put things in place to ensure that o ur people are trained for gaming? Well, Mr. Speaker, let me tell you what this Government has done on the auspices of the chai rman that now sits in this place. I am going from the Budget Book that was issued this year. Mr. Speaker, [the] number of persons in training has dropped from 2013 to 2016 from 220 to 100. The average sponsorship per person has dropped from $11,500 to $1,000.
The SpeakerThe SpeakerWhat specifically are those numbers?
Mr. Diallo V. S. RabainI am reading from the Wor kforce Development Perf ormance Measures in the Budget Book of this year.
The SpeakerThe SpeakerYes, but what? What are you reading?
Mr. Diallo V. S. RabainOkay? And it is saying, the number of persons sponsored for training (and these are the performance measures from 2013) . . . there were 220. E stimated for the year coming up is 100. The average sponsorship per person from 2013 was $11,500. Estimated for the year coming up …
Okay? And it is saying, the number of persons sponsored for training (and these are the performance measures from 2013) . . . there were 220. E stimated for the year coming up is 100. The average sponsorship per person from 2013 was $11,500. Estimated for the year coming up is $1,000. Number of c ertifications i ssued in 2013 was 125; estimated this year is 50. Number of apprenticeships from 2013 was 25; estimated for this year is 10. So, we have a department whose remit is r esponsible for the implementation of recommendations in order to get our p eople qualified to work, but we have perfor mance measures that are showing us the exact opposite. We have gone from having all of these apprenticeships, we have gone from having these people in training, we have gone from having all of these people certifi ed, and the numbers just continually spiral downward. So, my question is: What are Workforce Development and the National Training Board actually doing? What are they doing? Now, Mr. Speaker, when I listened to the chairman of the National Training Board last time, he made a statement in this House, and the statement was Bermudians need guidance in choosing professions with employment opportunities. But, Mr. Speaker, that is the remit of the board that he chairs. That is the remit of the Board he chairs! How can he say that this is what we to do, and that is what the board has been charged with doing since 2012? Now, you would think that the chairman would know this, Mr. Speaker. You would think that the chairman would. You know, this would not be som ething that he would say. He would be saying, We are doing this. We are really working hard. We are trying to get people to come now. But, Mr. Speaker, it is just not working. We need to reset the dial. We need to figure out a way to get people to trust this department and come in and it starts with what the Government of the day is doing. Mr. Speaker, we can tweet and post to social media only so much the answer “One Love Bermuda”
Bermuda House of Assembly to every question before everybody begins to see the incompe tence of the person making that tweet, because it is not working. Nothing that we are doing is working. And so, Mr. Speaker, we had this department come up with this National Training Plan, and we have heard about it. We hear about it all the time and we are still wai ting with bated breath for part two to come out. The National Training Plan was issued in 2014, Mr. Speaker, and it was a great idea to come up with a plan that says, What do we need to do to get our people prepared? The problem that I have with this document, Mr. Speaker, is that it is supposed to give us a timeline or a blueprint of what we need to do between the time it was released and 10 years further. Now, Mr. Speaker, unfortunately, I do not believe it was tabled up in these Chambers for us to even talk about it. But I know it was tabled when I used to sit in another place. Now one of the things that really stood out to me when I read that, Mr. Speaker, was there were some comments and some statistics quoted in there that kind of stood out from things that I had seen previously. Now, Mr. Speaker, when I talk about the National Training Plan , there is a statement in there— and mind you, the Nation al Trai ning Plan as it did state, and I quote the chairman, and he said, “The result, I think, is that together we have produced a Plan that will serve our Island’s needs t oday, next year, and for the next decade.” That is very important because one of the r emits was that we needed to put together a plan that talked about what we are going to do now to get people ready for the next 10 years. Now, when I was reading that something really stood out [to] me. What stood out was the statement where he talked about some of things that have happened in Canada. It said, Mr. Speaker, and I quote (in Canada), “The country’s tourism/hospitality industry will require an additional 84,000 workers in the next 10 years, averaging one new job every hour over the decade.” It is very impressive! The only problem is, Mr. Speaker, I heard that before. I heard that before, and it was not referring to Canada, it was referring to Va ncouver. And to my amazement, when I said, Wait a minute, I went and looked back in my notes [and] this was quote put in a document that was published in 2014 to predict 10 years fur ther. But when I went and looked at the Hansard from Vancouver’s Parliament from 2008, it said, “based on growth patterns the hospitality and tourism industry will need 84,000 more workers in the next decade, an average of one new job created every hour over the next 10 years.” How do we get a statement lifted from the Hansard of another Parliament from 2008 inserted in our document in 2014, to say, Hey, this is what we have to do in the next 10 years ? What are we producing here? What type of document are we producing, Mr. Speaker, if we cannot even get our facts right? How are we supposed to believe this document if we cannot even get our facts right? I delved further into t his document, Mr. Speaker, and there is an inherent need for our people to be retooled. We are talking about the people be-tween the ages of 20 and 30, who possibly need to be retooled. Nothing in this document speaks to that. How can we have a training pla n that speaks nothing to retooling our people? Because, Mr. Speaker, they cannot just quit their jobs and go back to school, as the document suggests everyone does. We are tal king about people who have now formed families, peo-ple who are breadwinners withi n their families. They cannot. So we need a plan for how we are going to help them as well. And so far, Mr. Speaker, we have seen nothing, we have seen nothing, we have seen nothing! But, Mr. Speaker, this is where the rubber meets the road. We need a pl an that speaks to our people. We need a plan that helps our people. We need a plan that shows our people that we care. We need a plan that shows our people we know what we are doing. We need something that the people can trust. We need something that the p eople want to gravitate toward. We need something that the people will say, Hey, if I am unemployed, I know if I go to the Department of Workforce Development and I apply, I will possibly hear back. I will possibly get something back. But we cannot have a department that is charged with training our people and getting our pe ople ready for the jobs that keep coming . . . because we keep hearing about them —the hotels will be ope ning, airport jobs will be starting, America’s Cup. We keep hearing about all of t hese things, but what trai ning is being put in place to ensure that our people will have the best opportunities? At best, Mr. Speaker, you have heard me talk about the performance measures, they say everything is going down. We hear that we are coming out with a training plan. The training plan will be here, but according to what we keep hearing from those sitting on the opposite side, we will be starting to build all these wonderful things and we will still be waiting for this training plan. So, Mr. Speaker, you know, when I look at this, it saddens me. It saddens me because the one thing we always hear about is that there is no money in the kitty. There is no money to do anything. There is no money to do what we need to do. Mr. Speaker, even as far back as Wednesday when I listened to the Senate, I heard the Minister who sits another place and his statement was, The cupboard is bare. There is nothing to give. Yes, our people need help. Yes, our people need money. But we just have nothing there.
RENOVATION AT GOVERNMENT ADMINISTR ATION BUILDING
2262 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Mr. Diallo V. S. Rabain: So, Mr. Speaker, you know, it was a complete surprise to me when I visited the Department of Planning and I obtained a set of plans. I look at a set of plans, and the set of plans said, Permit issued for building development for the GAB 4th floor café conversion into Ministry of Tourism, Transport, and Municipality Headquar ters. I was just shocked! The same Minister is saying, The cupboard is bare. But we have a set of plans that has that as the title. Regardless of what was said earlier today, Mr. Speaker, that is what is on record. We can say ever ything we want to say —that is on record! That is a public document. Anyone can go to the Department of Planning and see. So, if we have money for some things, we need to find money for other things as well. And other things include making sure our people get the best that they can get. That is what we need to do, Mr. Speaker.
REFERENDUM ON SAME -SEX MARRIAGE
Mr. Diallo V. S. RabainNow, Mr. Speaker, just a quick shift. I am an honourable person. Very honourable. And earlier this year while speaking on the m otion to adjourn, I said something that I want to apol ogise for. It just came to me after last night. Mr. Speaker, back in March I …
Now, Mr. Speaker, just a quick shift. I am an honourable person. Very honourable. And earlier this year while speaking on the m otion to adjourn, I said something that I want to apol ogise for. It just came to me after last night. Mr. Speaker, back in March I noted that t he Premier is sitting on a hat trick of defeats as a party leader. He has lost an election. He has lost two by - elections. And I stated that his fourth loss will come at the next general election. Well, Mr. Speaker, how was I to know that the Premier could not manage a referendum. He has now taking another loss. So, now, Mr. Speaker, I want to apologise humbly and withdraw those remarks and say that he will now be looking at a fifth loss in the next general election. Mr. Speaker, the Premier —
[Inaudible int erjections]
Mr. Diallo V. S. RabainThe Premier does not have the confidence of the people. He could not rally the people to come out to a referendum. How can he rally the people to come out at general election? Mr. Speaker, we have Ministers saying, I am not moving to my office because I want …
The Premier does not have the confidence of the people. He could not rally the people to come out to a referendum. How can he rally the people to come out at general election? Mr. Speaker, we have Ministers saying, I am not moving to my office because I want a new one, and we find money for it. Mr. Speaker, the Premier perhaps needs to take a re -evaluation and understand that being a Premier should mean that you have to be a leader, not just someone who wants to be i n the p osition just to be in the pos ition. Mr. Speaker, I look forward to that fifth loss, as well as the people of Bermuda, I am quite sure. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Hon ourable Member from constituency . . . MP Sousa, you have the floor. MP Sousa. WORKFORCE DEVELOPMENT, THE NATIONAL TRAINING PLAN
Mr. Jeff SousaGood afternoon, Mr. Speaker, and fellow colleagues and those in the listening audience. Firstly, Mr. Speaker, it saddens me that the Member who just took his seat from constituency 13, again, is throwing the hard- working people that work just down the hill here at the Department of Workforce Development …
The SpeakerThe SpeakerYes, Honourable Member. Yes. POINT OF ORDER [Misleading and imputing improper motive]
Mr. Diallo V. S. RabainMr. Speaker, that Honourable Member is misleading the House and [imputing] improper motive. I never mentioned anyone at the Department of Workforce Development. I mentioned the Government of the day.
The SpeakerThe SpeakerAll right. Thank you, sir. All right.
Mr. Jeff SousaThank you, Mr. Speaker. What I said stands. Mr. Speaker, when the Member who just took his seat sat in the Senate, he congratulated the National Training Board for the work they did in Bermuda’s first National Training Plan. But now that he stands in the House of Assembly he …
Thank you, Mr. Speaker. What I said stands. Mr. Speaker, when the Member who just took his seat sat in the Senate, he congratulated the National Training Board for the work they did in Bermuda’s first National Training Plan. But now that he stands in the House of Assembly he gets on his soapbox and now is condemning that same plan? You know, this, to me, is absolute rubbish.
The SpeakerThe SpeakerYes, what is your . . . POINT OF ORDER [Misleading and imputing improper motive]
Mr. Diallo V. S. RabainMr. Speaker, the Member is misleading the House and imputing improper motive. If he had listened to me completely when I sat in the other place, I said exactly what I said today. — Bermuda House of Assembly The Speaker: All right. Thank you. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member!
Mr. Jeff SousaThank you, Mr. Speaker. I do enjoy the workout for my abs. Mr. Speaker, again, that last statement does stand. When that Member, who just took his seat, was in the other place, he had actually congratulated us for doing the National Training Plan—Bermuda’s first N ational Training Plan, Part …
Thank you, Mr. Speaker. I do enjoy the workout for my abs. Mr. Speaker, again, that last statement does stand. When that Member, who just took his seat, was in the other place, he had actually congratulated us for doing the National Training Plan—Bermuda’s first N ational Training Plan, Part 1. And as I said in the House before, when we spoke on the same subject, Part II of the plan (which I have here) is complete, but we do have a new Mini ster now. So having the new Minister, it has to have her blessing . I have been in talks with that Minister. Lik ewise, I have had meetings with the Director of Wor kforce Development, George Outerbridge, and the Training Manager, Pandora Glasford. That Member who just took his seat is more than welcome at any time to tal k myself personally, the chairman of the N ational Training Board, who he has never spoken to personally. He likewise could go down to the Depar tment of Workforce Development at any time and George Outerbridge, the director, or Pandora would be more than ha ppy to talk to him about any of the plans, any of the apprenticeship schemes, any of the training proposals. Again, versus, getting in the House of Assembly and standing on the soapbox for political gain. We on this side, the One Bermuda Alliance, since day one have worked hard to create the conf idence in this country to put our people back to work. So when an ybody alludes any different, all that is soap- boxing. You know, it is not of any benefit to an ybody in this country. And as everybody sees, we saw with the groundbreaking of the Morgan’s Point, which would be a $2 billion project in the next couple of dec-ades; this will create work! The foundation has been put in place by the One Bermuda Alliance Gover nment. And again, we were elected because people wanted change. They were tired of the rhetoric that was going on in the past, all the talk that was taking place. And, yes, we have been talking, but we will back up our talk. We will walk the walk and talk the talk. Soon, as I said before, Part II of the Plan will come out and we will be doing this. I spoke with the board at the last meeting, which the Minister did attend, and again, at that meeting the Minister, our new Minister, did make a point to thank the hard- working volunteers of the National Traini ng Board for the hard work and dedication, for pr oducing this awesome document that will guide our people on where the opportunities will be short term in the next year, two years, and the next decade. And, of course, it has changed because we have seen r apid growth, in particular within the hospitality industry. And this is in [large] part thanks to the former Minister of Tourism, who sits next to me. You have the Minister of Business Development, Dr. Grant Gibbons, you know, we have the America’s Cup. An d I would invite everybody in the House to make a point to come up and see these boats on the water tomorrow, which is just a little taste of what will take place next year in Bermuda’s water. And, you know, in recent times the amount of publicity that we are getting, I mean, worldwide, (right?) on Bermuda is immense. And this is for those that might be on the social networks. There are some in the House here that are not even on the social ne tworks. But, of course, the Member who just took his seat, he is on the social net works. And, of course, he knows I am, so he sees me there. So that might be one place that he would know of the MP from Warwick West. But other than that he does not know me personally and he never has reached out to me. But, again, I do invite him , at any time he can call me and I will be more than happy to meet with him. I will set up a meeting with the director of Workforce of Development, or the training manager. Again, versus standing in this House and soap- boxing. Thank you very muc h, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Honourable Member from constituency 29, MP Zane De Silva. QUESTION PERIOD, LACK OF ANSWERS Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I have a few thi ngs I would like to talk about tonight. The first …
All right. Thank you. The Chair will recognise the Honourable Member from constituency 29, MP Zane De Silva.
QUESTION PERIOD, LACK OF ANSWERS Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I have a few thi ngs I would like to talk about tonight. The first one, Mr. Speaker, is that I believe in history. Certainly in my time in this House, I have never seen during question and answer period a Minister, a Junior Minister, anyone that was ques-tioned, not have an y answers whatsoever to any questions that they had nine days in which to prepare for. So I do not know if it is the . . . I know what it is like to be a new Minister, and I certainly —
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The Spe aker: Yes, Honourable Member.
POINT OF ORDER [Misleading]
2264 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Hon. Patricia J. Gordon -Pamplin: The Honourable Member is misleading the House. While the Junior Minister had nine days for the written questions, he did not have opportunity for the supplemental s that came. And if Members opposite chose to have further questions, it was very easy for them to contact the Junior Minister.
The SpeakerThe SpeakerThank you. Carry on, Minister. Hon. Zane J. S. De Silva: Oh, Mr. Speaker — [Inaudible interjection] Hon. Zane J. S. De Silva: Yeah. Mr. Speaker, I am not going to waste too much time on that except to say [that] anyone that is appointed a Minister to this place …
Thank you. Carry on, Minister. Hon. Zane J. S. De Silva: Oh, Mr. Speaker —
[Inaudible interjection]
Hon. Zane J. S. De Silva: Yeah. Mr. Speaker, I am not going to waste too much time on that except to say [that] anyone that is appointed a Minister to this place should be able to at least answer very, very simple questions with regard to that Ministry in which th ey are a head of. Very si mple questions, Mr. Speaker. And if one does their job, they should have defen sive [answers] for supplementaries.
REFERENDUM ON SAME -SEX MARRAIGE
Mr. Zane J. S. De SilvaNow, Mr. Speaker, very quickly, back in the mid- 1990s our newest National Hero, Sir John Swan, took the country to a referendum which was not successful. The Honourable Sir John Swan resigned after that defeat, Mr. Speaker, and you will know yesterday that Prime Minister Cameron resigned after he …
Now, Mr. Speaker, very quickly, back in the mid- 1990s our newest National Hero, Sir John Swan, took the country to a referendum which was not successful. The Honourable Sir John Swan resigned after that defeat, Mr. Speaker, and you will know yesterday that Prime Minister Cameron resigned after he lost a referen dum. My question is I wonder if Premier Dunkley is going to follow suit. So I would just like to drop that out there, Mr. Speaker.
POLICE INVESTIGATION INTO FORMER PREMIER EWART BROWN
Mr. Zane J. S. De SilvaMr. Speaker, now getting into a more serious m atter. I attended a press conference last week at Bermuda Healthcare [Services]. Mr. Speaker, my doctor, Dr. Reddy, was arrested recently. Eight police officers raided his home in the wee hours of the mor ning, crack of dawn, Mr. Speaker, without …
An Hon. Member An Hon. MemberWarrant. Warrant. Hon. Zane J. S. De Silva: Without a warrant. Mr. Speaker, that worried me, and I am sure it must worry many people in Bermuda. Mr. Speaker, I certainly believe that this was done to scare Dr. Reddy into maybe implicat ing Dr. Brown. It is a shameful, …
Warrant. Warrant.
Hon. Zane J. S. De Silva: Without a warrant. Mr. Speaker, that worried me, and I am sure it must worry many people in Bermuda. Mr. Speaker, I certainly believe that this was done to scare Dr. Reddy into maybe implicat ing Dr. Brown. It is a shameful, shameful act, Mr. Speaker, and it is cer-tainly beneath the dignity of Bermuda. Mr. Speaker — Hon. Trevor G. Moniz: Point of order. Point of order,
Mr. Speaker.
The SpeakerYes, Honourable Member. [Inaudible interjections] Hon. Trevor G. Moniz: Point of order.
The SpeakerThe SpeakerJust a minute. Just . . . we are not going to have people shouting across the floor! [Inaudible interjection]
The SpeakerThe SpeakerTake your seat! [Inaudible interjection]
The SpeakerThe SpeakerI will make the decision over every decision that has to be made. You have a point? POINT OF ORDER [Misleading and imputing improper motives] Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I think that Honourable Member is certainly misleading the House and [imputing] improper m otives …
I will make the decision over every decision that has to be made. You have a point?
POINT OF ORDER [Misleading and imputing improper motives]
Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I think that Honourable Member is certainly misleading the House and [imputing] improper m otives to the Bermuda Police Service. I do not think that it is appropriate for him to be doing that in the House. I ask for him to withdraw those comments. There is no reason to believe that there was any evil intention i nvolved, —
[Inaudible interjections]
Hon. Trevor G. Moniz: —if he has any evidence of that.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. And Honourable Member, just stay clear of that any . . . Hon. Zane J. S. De Silva: Will do, Mr. Speaker. Thank you very much. Mr. Speaker, the police have been investigating former Premier Brown for almost six years. [Inaudible interjection]
The SpeakerThe SpeakerHonourable Member, we are not going to have this talking across the floor! [Inaudible interjection]
The SpeakerThe SpeakerNo, no. We are not going to have it! Bermuda House of Assembly Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, we have had no report from the police. We have no report from the Governor. My question is, how much has this cost the taxpayer …
No, no. We are not going to have it!
Bermuda House of Assembly Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, we have had no report from the police. We have no report from the Governor. My question is, how much has this cost the taxpayer of this country? Mr. S peaker, this investigation started, as we all know if we pay attention to the happenings in Bermuda, at the instruction of the Governor at the time. It started after a statement from a convicted liar that there was some bribery involved with our former Premier. Mr. Speaker, after not finding anything in that area, they then moved on to corruption. And you hear it all the time from the OBA supporters, $800 million went missing. Mr. Speaker, the sad thing is that after spending years investigating we now fi nd the police arres ting a doctor —my doctor, Mr. Speaker —for what they may call “tes ting,” new additional testing at his medical practice. Mr. Speaker, I have not heard noise from any insurance companies. I have not heard any noise from any patients about t ests being ordered that should not have been ordered. I have not heard any of that, Mr. Speaker. But we have the police that feel that they need to investigate my doctor and my good friend, Dr. Ewart Brown, because of these suspicions that they have. Mr. S peaker, this has gone on for far too long. Dr. Brown served Bermuda with distinction. He devoted his career to making Bermuda a better place, a more just place, a more equal place. Mr. Speaker, Dr. Brown, Dr. Reddy, and indeed all the staff at Bermuda Hea lthcare [Services], care for the health of Bermudians and they certainly deserve bet-ter. Bermuda Healthcare [Services], Mr. Speaker, has a lot of Bermudian patients. I can assure you that they are upset also. Mr. Speaker, five years ago the Governor at the time said he would inform the people of Bermuda of the results of this investigation. He is on record as saying that he would inform us, Mr. Speaker, of those results. And here we are, five, six years later and we still have investigations taking place a nd we have heard nothing from the Governor. We have heard nothing from the Premier of the country. Mr. Speaker, you may recall there was also a Minister who has supposedly carried a message of bribery between Dr. Brown and Mr. Bolden. Now, that was stated. Now, Mr. Speaker, you only have so many Ministers in a Government, so where, and who, is that Minister? I mean, process of elimination should be able to get us to a point, but we have heard not hing. You see, Mr. Speaker, I believe that there are people t hat were convinced that Dr. Brown stole something during his tenure. I am convinced that they were convinced that he stole something. Mr. Speaker, all of a sudden what is mindboggling is that this investigation has moved from a convicted liar, Bolden, to t he overuse of CT scanners and MRI m achines. So what is next, Mr. Speaker? Since when do the police have the knowledge of the human body and have the knowledge to be able to tell if a scan is warranted for a patient or not? What do the police have to do wit h the doctors ordering tests? They are not doctors. They cannot determine if som eone needs a test, Mr. Speaker. Last I heard, police were qualified to do police work and doctors were qualified to do doctor’s work. But, Mr. Speaker, I think the most import ant thing tonight is this. Bermuda does not have any money for this nonsense in my book, not for this witch -hunt. Mr. Speaker, we have murders that are taking place in this country. We have robberies in broad daylight, Mr. Speaker. We have seniors with not enough to eat. We have seniors that cannot afford prescription drugs. We have people without jobs who need to feed their families. We do not have millions of dollars, in my view, Mr. Speaker, to carry out som eone’s vendetta. And, yes, I say “vendetta.” D o we want to close down Bermuda Healthcare [Services]? Is that the goal? Do we want to chase Dr. Brown out of Ber-muda? And, if so, at what expense? How many mi llions of dollars have we spent? Mr. Speaker, I say, why do we not stop that nonsense? Let us spend some money on the police unit to i mprove the lives of everyday Bermudians. Let us put food on families’ tables, Mr. Speaker. Let us help our seniors who are struggling. Let us put some money into our seniors. Mr. Speaker, let us dedicate a police unit t o stop the violence that is plaguing our youth. Let us figure out a campaign that will stop our young black men from kil ling each other, Mr. Speaker. So, Mr. Speaker, I will finish on this note. This country has been struggling through this recession for several years. We have seen this present Gover nment spend money. They find money when we thought there was no money. The Finance Minister made the now infamous statement that told our seniors money doesn’t grow on trees. So we are struggling, we are cutting programmes, we are cutting the budgets, we are cutting programmes to help our mi sguided youth, Mr. Speaker. But here we are, we seem to find money for this witch- hunt. I am asking the OBA Government and the Premier, let us bring some information, let us ask the Governor . . . the Premier meets with the Governor every week. Let us ask the Governor for an update for the people of Bermuda. And I think Dr. Brown said it best last week, “Put up or shut up. ” Dr. Brown has family, Mr. Speaker. This has been goi ng on for too long. A man that dedicated his life, and still does, to the people of Bermuda. Let us put some pressure on the Governor to find out what his intentions are with regard to Dr. Brown and stop the witch- hunt.
The SpeakerThe SpeakerThank you, Honourable Member. 2266 24 June 2016 Official Hansard Report Bermuda H ouse of Assembly The Chair will recognise the Honourable Member from constituency 1, the Junior Minister, Kenneth Bascome. You have the floor. BERMUDA TOURISM AUTHORITY CEO Hon. Kenneth (Kenny) Bascome: Thank you, Mr. Speaker. I will be …
Thank you, Honourable Member. 2266 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly The Chair will recognise the Honourable Member from constituency 1, the Junior Minister, Kenneth Bascome. You have the floor.
BERMUDA TOURISM AUTHORITY CEO
Hon. Kenneth (Kenny) Bascome: Thank you, Mr. Speaker. I will be brief. Mr. Speaker, you will recall this morning I pr ovided oral responses to questions related to the Bermuda Tourism Authority [BTA]. You will also recall I requested some of the responses be pushed back, since I was rather new to the Ministry, Mr. Speaker, and was still gettin g caught up on a number of areas including the BTA. With that said, I can advise I may have—
[Inaudible interjections]
The SpeakerThe SpeakerHonourable Member, speak to the Speaker. Hon. Kenneth (Kenny) Bascome: Unintentionally and incorrectly I may have stated, Mr. Speaker. I would presently at this time like to give the BTA CEO, who is driving this organisation, and the objectives are to increase leisure visitors by 4 per cent. It is …
Honourable Member, speak to the Speaker.
Hon. Kenneth (Kenny) Bascome: Unintentionally and incorrectly I may have stated, Mr. Speaker. I would presently at this time like to give the BTA CEO, who is driving this organisation, and the objectives are to increase leisure visitors by 4 per cent. It is also i ntended to increase the cruise ships to St. George’s and Hamilton. And after all of this is taken into account, the incentives will then be looked upon whether the CEO and the members who work with him will r eceive incentive payments. Short and brief. I do not want to get on to—
The SpeakerThe SpeakerAll right, thank you. If you are done, you are done, sir. Thank you very much. The Chair will recognise the Honourable Member from constituency 17.
Mr. Walton BrownThank you, Mr. Speaker. I am glad I was able to catch— [Crosstalk] REFERENDUM ON SAME -SEX MARRIAGE
Mr. Walton Bro wnMr. Speaker, I am glad I was able to catch your eye. Mr. Speaker, I would like to speak about referendum. Yesterday, there were two very important referenda which were held. One, of course, in Bermuda. The other in the land of our rulers, the United Kingdom. Let me deal …
Mr. Speaker, I am glad I was able to catch your eye. Mr. Speaker, I would like to speak about referendum. Yesterday, there were two very important referenda which were held. One, of course, in Bermuda. The other in the land of our rulers, the United Kingdom. Let me deal first with the referendum in Bermuda. We had a referendum that, first of all, should never have been held. In was a non- binding referendum, and so it ef fectively became a rather expensive opinion poll. I encouraged the Government not under-take such an expensive opinion poll, and actually suggested they hire me to do it for about $10,000 as opposed to the $400,000. And I would have given you a very reliable result. Mr. Speaker, the issue that was the subject of the referendum was a ver y emotional and, apparently, as we saw, a very divisive matter. It opened up veins in this country that we saw just two months or so ago when we were dealing with another rather contentious matter, that of the Immigration policy. As a rule, one should never a ddress the issues of minority rights by way of a popular vote because minority issues are almost invariably not going to be supported by the majority. So for that reason, Mr. Speaker, the referendum was ill -suited. I understand why it was held, because there is and there was division within the go verning party over this matter, and so it was de cided to put the matter to the public to reflect on, in a rather expensive way. Mr. Speaker, as an issue that dealt with m inority rights, it was seen by many as a conscience matter, a vote of conscience. As a vote of conscience, my position, Mr. Speaker, is that every single Member who serves in this Parliament has a moral and civic duty to articulate to the public what their position was and what their position i s on this issue. I hear people saying no. But why are we elected? We are elected because we are supposed to represent the collective leadership of the country. And if it is on a divisive and a contentious i ssue, the leadership is even more so required. S o we have shirked our responsibility collectively. I think Members need to reflect on that because there was a call for leader ship on this issue from many sectors of the community, and this Parliament failed the country by not providing leadership. First, by having a referendum, and [second] by elected Members of this House (who we all are) not taking a pos ition, not explaining the position that was held by the respective Members. So we bear the burden of collective shame, in my view. I recognise that ther e are differences. We have differences on this side of the bench on the i ssue. But leadership requires articulating a position. Leadership requires taking tough choices. If we ca nnot do that, do we really deserve the mantle of leadership? Or do we only tak e positions when it is politically convenient or because we are jockeying to establish some position of marginal gain? The consequence in the community, Mr. Speaker, is that there is growing contempt for this parliamentary group b ecause we shirked our responsibility. This is not a partisan mat-ter; this is an issue of collective responsibility in the truest sense of the word. There was a pathetic campaign by the Yes, Yes campaigners. There was a pathetic campaign by the No, No campaigners. At the end of the day, we had a turnout of less than the legal requirement to validate that result because less than 50 per cent of the people turned up to vote. So we do not even know
Bermuda House of Assembly what the collective sentiment is in this country on the issue of civil unions or same- sex marriage. We need to find a better way for dealing with it. The seeming option now, Mr. Speaker, is that the courts, yet again, will make a determination about where we go and how we go forward on this issue. How could we as legisl ators contemplate, embrace, allow for the court, yet again, to decide on this issue? If we do not want to lead, we should all pack up and leave. And I will get to the “leave” referendum shortly. Mr. Speaker, we engage in a great deal of banter here. We engage in a great deal of hard- line party politics. But there comes a time when each and every one of us has to stand on a principle and say clearly what we believe, why we believe it, and try to influence those in the community why our position is the most appropriate way for ward. We cannot always sit back and contemplate the political machinations of our actions, because I can assure you, Mr. Speaker, the continuation along those lines will further erode public confidence in this institution.
EU REFEREDUM —UK WITHDRAWAL FROM T HE EUROPEAN UNION
Mr. Walton BrownNow, let me segue to the “leave” vote, the leave versus the stay vote, the remain vote, in UK. Last night I began to watch it and I realised early, early on that all the pundits were wrong, that the polls were wrong, t hat the vote to leave was …
Now, let me segue to the “leave” vote, the leave versus the stay vote, the remain vote, in UK. Last night I began to watch it and I realised early, early on that all the pundits were wrong, that the polls were wrong, t hat the vote to leave was gaining momentum, and, as we now know, Mr. Speaker, it was a 52:48 split to leave. That is a matter for the cit izens of the United Kingdom proper to reflect on. You will note, Mr. Speaker, that at least one Overseas Territory was able to vote in that referendum, the other ones were not able to vote. Gibraltar was able to vote, of course, because they are a part of the European Union. They also have had privileges long before we got the privilege of British citizenship, once again. But we will leave that one alone for another discussion. But, Mr. Speaker, what is interesting is that the decision by the English voters, the British voters, to leave will have dramatic implications for Bermuda— dramatic! So I am grateful that the Premier made a Statement today on that. But there are a multitude of issues that we need to reflect on and to consider. So it will require the public to be engaged on these issues. Unfortunately, we have a public that remains disengaged from issues that might really matter. We preoccupy ourselves on personal tax and minutiae, when we have something that really represents an existential ch allenge to Bermuda as we know it today. An existential challenge to Bermuda as we know it today! Because right away the EU President, Minister Juncker, said this morning, You want to leave? Well, you’re going to leave and you’ll get it done within two years. And there was no negotiation on depar ture. You are just going to be gone. So that has implications for us. What is the first implication? Bermudians will no longer have the right to live or work anywhere within the 27 member nations of the European Unio n. That was touted as one of the inherent benefits in remaining a British co lony, because you could now go and work and live and do whatever you wanted throughout continental Europe, or the member states of the European Union. That will disappear in two ye ars. There are a number of conventions that apply to Bermuda that the UK has applied to Bermuda. Those will disappear. They all need to be renegotiated. These will have dramatic implications for Bermuda—dramatic. So we need to begin to focus on these issues. We tend to be so insular in our outlook, but there is a world out there that impacts us. We act as if interna-tional events do not shape us, and never will —only when it comes to economic matters. But here is a very concrete example of a political decision made in one country that will have dr amatic impact in this country. We need to monitor it. We need to figure out what is in our best interests. Years ago, our newest National Hero, former Premier John Swan . . . this would have been back in 1982 when he was speaking about the issue of ind ependence and why he did not support independence back in 1982. That was his formal position for the public. He said, With the British to defend us and the Americans to feed us, who needs independence? Reflect on that no w. He later said, The UK’s interests and Bermuda’s interests are not necessarily aligned. Not necessarily aligned. We have come to that point yet again, Mr. Speaker. Bermuda’s interests and the UK’s interests are not necessarily aligned. We require the Gov ernment to engage in a wholesome, full, multifaceted assessment of these implications. Get people on board. Let us try to do it in a collaborative way. Let us try to be collaborative about this, because this represents a very fundamental challenge. I hear d the Premier say earlier that the issue of our access to Schengen comes through our connection as British citizens. I challenge that, but I will wait for clarific ation. But if that is in fact the case—I doubt that it is, but if it is the case—it also means that we lose something that we once had on our own right. We received access to the European Union, or Europe, in the 1980s through the work of former Home Affairs Minister Jack Sharpe. He negotiated all of that. We lost it in 2006. The Schengen agree ment that we entered into later on, gave it back to us. So we have to decide what is it that we want to see in Bermuda. What is our ideal relationship with the Unit ed Kingdom? Because we have been beset by a colonial motto that is ill -suited to the twenty -first ce ntury. What is our motto? Wherever the fates may lead us. Who has a motto of passivity for a country? That 2268 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly says, Let’s be guided by external forces. Let’s be guided by everything else. We will not take the initi ative. But, Mr. Speaker, we need to take the initiative now. We need to take the initiative because we are going to be marginalised by British citizens placing — and all citizens of a country do—their interests over all other inter ests. So we now need to come to some assessment, what is in our national interests? What do we need to do? What is the best relationship? Is it better for us to be closely connected to the United Kingdom? Do we have greater opportunities with the European Union? What can be negotiated? We need to have that discussion. We need to probe all of the areas, Mr. Speaker, because time is marching on. The longer we wait, the more marginalised we will be. So I would encourage the Government to e ngage in a meaningful way. I would encourage the Bermudian population to begin to reflect on these i ssues. Yes, we have everyday issues. There are i ssues of poverty, with unemployment, there is the vi olence that needs to be addressed, there are many, many issues, but, Mr. Speaker, we have to be able to multitask because the external challenges that we face can very quickly overshadow anything that we have to deal with internally. We need to do it, and we need to do it now. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 15 . . .? [Inaudible interjections]
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 21. EU REFEREDUM —UK WITHDRAWA L FROM THE EUROPEAN UNION
Mr. Rolfe CommissiongThank you, Mr. Speaker. Mr. Speaker, I have to say, firstly that I appr eciate the comments by my colleague. He spoke with moral authority earlier on the issue of how many of us here have everyday responsi bility particularly in relation to the matter at hand that was encapsulated …
Thank you, Mr. Speaker. Mr. Speaker, I have to say, firstly that I appr eciate the comments by my colleague. He spoke with moral authority earlier on the issue of how many of us here have everyday responsi bility particularly in relation to the matter at hand that was encapsulated by the recent referendum. He has called us out tonight and I think he has done so rightly. This is a representative democracy and we should exercise the leader-ship that has been entrusted to us in the manner that he suggested. Many of us have fallen down in meeting that standard on this issue, including myself. I want to thank him for reminding us why we are here. Mr. Speaker, last week I talked about how we needed to reimagine Bermuda, reimagine what we are going to be like over the next 10, 15, and 20 years, and I said that in the context of the discussion we had during the debate on a living wage for Bermuda. Again, the Honourable Member from [constituency] 17 basically said the same thing and how we must r edouble our efforts because I even alluded to the coming Brexit vote last week if you recall, Mr. Speaker, and the potential implications of that vote not only for Europe but for Bermuda and indeed the world. The sort of assumptions that have guided political and economic thinking and the way we have ordered these soci eties over the last three or four decades either has come or soon will be coming to an end. Mind you, we could be going through a trans ition phase now —as to what is going to come out the other side can be in a manner for better or for worse. That is still to be determined. But certainly, as I said, the key assumptions that guided us and political economies over the last 30- odd years are now no longer the convention al wisdom. I believe that the p atient went on life support in 2008 and 2009 with the Great Recession, but last night the British voters pulled the plug. And talking about those British and particularly English voters —there is a difference and we saw that l ast night —for many of those Bermudians of British descent or English descent, if they want to see the real face of xenophobia and racial bigotry, they need look no further than Europe, including the UK. So you need to be very careful how they so loosely as sign those words to Bermudians because all we need to do is look 5,000 miles to our east, Mr. Speaker, to see what real xenophobia and racial bi gotry looks like. We saw the tale of two referendums yesterday, the referendum in the UK and also the referen-dum that took place in Bermuda. I cannot let this go by despite ac knowledging our failings and my own failings in that regard— as I acknowledge there with the Member from [constituency] 17— without deploring to some extent the fact that our Premier could get up this morning and read what had to have been a r ecently composed statement on the Brexit vote (and quite rightly) —but have nothing at all to say about the referendum that occurred in this own country. Mr. Speaker, I would think at the very least he would have spoke to the fact that the referendum did not meet the legal and legislative threshold that was required—that being 50 per cent of registered voters. Even two par agraphs, two sentences, four sentences could have sufficed. But to say nothing spoke volumes. You know, in some ways, and my Honourable Member alluded to this, it is almost like we saw —what we are seeing here parallels with what took place with David Cameron, using the referendum as a (pardon the pun) get out of jail card to avoid making the hard political choices. That is what he did —that is what Mr. Cameron did. And in his case ends up perhaps bringing down the whole European project. Has not our own Premier on a vastly different scale done the same thing here with respect to that refer endum? Mr. Premier, I know you are out there listening. Come and do the right thing for the Bermudian
Bermuda House of Assembly people and with respect to the Honourable Members in this House and bring a statement on that failed referendum as my colleague from constituency 13 so rightly pointed out.
POLICE INVESTIGATION INTO FORMER PREMIER EWART BROWN
Mr. Rolfe CommissiongMr. Speaker, I am going to move on here. My honourable colleague from constituency 29—it kind of hurts me to know that he was able to utter this memorable phrase in this House before I had the chance to, because I am going to segue to my concluding remarks by …
Mr. Speaker, I am going to move on here. My honourable colleague from constituency 29—it kind of hurts me to know that he was able to utter this memorable phrase in this House before I had the chance to, because I am going to segue to my concluding remarks by starting out with that now memorable phrase, “Put up or shut up.” And we all know —most of us now who follow the news —that that phrase has been associated wit h a comment and a set of comments uttered by a former Pr emier who stood in this House by the name of Dr. the Honourable Ewart Brown. I, too, believe that what we are seeing here is a witch -hunt and more specifically something which is verging on, or some will say it has long crossed the line from an honest investigation and prosecution perhaps into something that now can perhaps be ident ified as being persecution of a former political figure of some repute in this cou ntry. I heard my honourable colleague here put forward the notion or the idea of the timeline that this has been going on for six long years. I will say this —if it is not six, even three years is too long. You had a member, a doctor in this comm unity (not to say that doctors are entitled to mor e priv ilege and better treatment than anybody else) to know that a man was arrested in Bermuda without benefit of a warrant in 2016, coming to his house in the early morning hours, taking him and items from his house with no warrant. How is that? I mean, t hink about that. My fellow legislators, think about that, in 2016 in Bermuda that it can and obviously does happen. The type of power that is vested in our police and DPP department is extraordinary and can lead to abuse, on the face of it, ipso facto. We may be seeing the dark side of those powers being exemplified right now and right before our eyes, and it should be of concern for every Member in this House. There is a saying over in—and some of our brothers are saying over in England right now, Mr. Spe aker, men of colour and women of colour, first they came for the Poles (as in Poland), then they came for us. Well, I think we can transpose that to the Bermudian context. First they came for Dr. [Mahesh] Reddy, and next they came for the Honourable Member from [constitu ency] 16, Brother Michael Weeks, perhaps, or Brother Michael Scott from [constituency] 36. Mr. Speaker, I know Dr. Brown views this timeline as having started in 2011 with the groundbreaking election in 2007, rather, which broke the back of the UBP, led to the formation eventually of the BDA, led to the lights going off at the UBP headquar-ters and the dissolution of that party and the creation of the OBA. That is the series of events, simply put, that was the natural by -product of that devastating loss for that side which saw the then- Opposition Leader (now Premier of the country) lose his seat. To paraphrase Brother James Brown (God bless him) the big payback was then put in train, a pparently. I would ask members out there who came to Berm uda Health Care Services to show their support for Dr. Reddy and Dr. Brown because we all know that the investigative team now are trying to use Dr. Reddy to make a case against Dr. Brown after five or six long years. I will urge Bermudians to stand in sol idarity with Dr. Brown. All right -thinking Bermudians should echo the comments that were made here today and also demand that the relevant authorities, including Go vernment House, put up or shut up with respect to this investigation of Dr. Brown and others who are assoc iated with him. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Minister for the Environment, Minister Cole Simons. PARKS PROGRAMME GRADUATES Hon. N. H. Cole Simons: Thank y ou, Mr. Speaker . Mr. Speaker, I rise this evening basically to address the few comments made by the Honourable Member from …
Thank you, Honourable Member. The Chair will now recognise the Honourable Minister for the Environment, Minister Cole Simons.
PARKS PROGRAMME GRADUATES Hon. N. H. Cole Simons: Thank y ou, Mr. Speaker . Mr. Speaker, I rise this evening basically to address the few comments made by the Honourable Member from constituency 13. I am not certain whether he intention ally or unintentionally misinformed the House or misled the House or misled th e people of our community. He indicated that there were no certifications or training pr ogrammes for landscape gardeners in Bermuda. If you remember, I raised this issue just maybe two weeks ago and I want him to have a word with his colleague, the Honour able De rrick Burgess and the head of the [Bermuda Industrial] Union, Mr. Chris Furbert, because they were recently at a graduation at the Department of Parks where 10 people were certified as landscapers, landscaping gardeners. So before he comes to the House and makes comments that are not supported by facts, he needs to do his r esearch. Just to educate him about the programme and to educate the community about the programme, Mr. Speaker, the skills development programme is an excellent pr ogramme. As I s aid earlier, it is a certification programme and it is for people interested in horticulture and the trade of landscaping. The programme has 10 modules. The modules are as follows —the modules cover: plant pruning, pest management, plant identification, spr aying, propagation, ground preparation and planting, hand tools, oper ation and maintenance of small equipment, et cetera. So we are doing our bit to help develop young people and professionals in the landscaping industry. We have had 16 participants, and just two weeks ago 2270 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly 10 grad uates completed all 10 modules and they did an excellent job in their exams. In addition, as a result of the programme, we have 16 people that were offered full -time jobs and part -time jobs. So, again, I say to the Honourable Memb er, please get your facts straight before you come to this House and make pr onouncements. To the public, if you are interested in training in landscaping/gardening, contact Roger Par ris and Mr. Santucci at the Department of Parks. They are there to suppor t you and help you on your new path as a landscape gardener. In fact, I just want to add this, at the graduation a number of landscaping companies came up to me and they said they would be interested in supporting the programme and providing employment to our graduates. So, again, Bermuda is currently providing certification programmes on landscaping gardeners and they are being issued out of the Department of Parks, and the certificates will be recognised by the Workforce Development team. As for yesterday’s referendum, the referendum sent Bermuda a message at many levels. There was the message as far as the number of people that voted. There was the message sent in regards to the results, and we as a Government are not going to move swiftly until we have the opportunity to sit down and caucus and speak to some of these leaders on this issue and come up with a solution that is best for the community. So I hear them. They want us to make a quick response. But as leaders of this country, as we all said befor e, Bermuda is looking for leadership, and any decision that we make has to be measured and it has to be in the best interests of everyone i nvolved. So, yes, we have not responded to the level that has been asked by the Opposition, but rest assured we are w orking behind the scenes to ensure that we have the best outcome given the results of the referendum. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 5, MP D. V. Burgess. You hav e the floor. POLICE INVESTIGATION INTO FORMER PREMIER EWART BROWN Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker . I am glad the Honourable Minister Cole Simons, who …
Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 5, MP D. V. Burgess. You hav e the floor.
POLICE INVESTIGATION INTO FORMER PREMIER EWART BROWN
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker . I am glad the Honourable Minister Cole Simons, who happens to be my blood cousin, brought up about the programme that he and I attended last week, and I just want to remind him that I am looking for the employees of the decade Roger Parris and Sam Santucci, and I would hope that he would take that forth. Mr. Speaker, we have had our antisocial behaviour. At times it seems to be unabated and this is no criticism to the police or to the Government. I think the police are doing the best that they could. Mr. Speaker, when we have a Governor who orders an investigation into the former Premier of this country but does not order an inquiry or a study into the antisocial behaviour that we had over the last eight years, despite the numerous requests from the then Government, we were denied that. But still would not order —nothing, no inquiry, all this time, nothing. It just continues —no special st udies, no inquiry, we do not know what is going on. I would have thought at this time even in the UK —I have said it be fore—even the present Prime Minister of England, Cameron, when he took power and was asked about the antis ocial behaviour, his reply was, I am going to the United States and get some help. Mr. Speaker, how much has been spent thus far in this investigation that has been going on for years? Mr. Speaker, you know, the press accused the former Premier of cedar beams in his house, never once apologised. Never once apologised. Even though he invited them down to his house to see if there were any cedar beams. In fact, the worker — mechanic, carpenter —who did all his carpentry work even gave a testimony, yet the press will not testify to that. Mr. Speaker, it seems that quite a bit of money has been wasted on investigations of the Pr emier. Money being wasted on finding another office for the Minister of Tourism because he does not want to go to North Street where there is an office—a beaut iful off ice. It was good enough for the former Minister of Tourism and other Mini sters, but not good enough for the present Minister. First class, one of probably the newest offices in the Government —first class— and when we are spending more money to create another office for the Minister of Tourism when we have children going to school with no lunch. Grants are being cut on seniors’ homes. Mr. Speaker, ceiling fans falling from the ceilings in schools, and I know the Minister is trying to fix that, but you see how this comes out when you are spending money unneces-sarily. Mr. Speaker, we even had two Members of Parliament from the other side going to Casemates Westgate and talking to a prisoner trying to implicate people on this side, Mr. Speaker . I will not call their names. Mr. Speaker, to do an illegal search in the home of Dr. Reddy —no warrant —and you know, Mr. Speaker, it is my thought that the reason why they did not go to apply for a warrant was because they could not have gotten one. No judge in their right mind would have given a warrant for that because— and the charge they put out there spec ulated that it is for money laundering because too many MRIs or X -rays are being ordered by the doctor. Well, Mr. Speaker, there is nowhere in the law to tell a doctor how many MRIs he can do per day or week.
Bermuda House of Assembly Mr. Speaker, there were no complaints from the insurance company, but you get people with no medical background, who can go and make up a story just to do an illegal search of Dr. Reddy’s home in the early hours of the morning. What did they expect to find there? X -rays? MRIs? Copies of that? They said it was money laundering, how they put that together was because there were too many X -rays so you have to pay the facilities overseas for reading them, so they call that money laundering. Mr. Speaker, the actions by the Governor must stop. The Governor is in charge of our internal and external security and with all the antisocial beha viour that we have in this country today, I think he needs to step up and do his job. That is the job . . . it is not Government’s fault. They are not in charge of the police. The Government is only in charge of the budget. It is the Governor who is charge of the police, and I think he has to do his job and he needs to do his job now. I guess I could say that, I guess, be cause he is leaving very shortly, Mr. Speaker .
ANONYMOUS MALICIOUS COMMENTS, EMAILS, BLOGS
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, another thing I just want to touch on and it is something that I am hoping that we can get an agreement on from both sides of the House, eventually bringing something to this House to stop the (what I call) the malicious comments, e- mails, blogs, that come out anon ymously. Even sometimes you get on radio talk shows you will get the talk sh ow host read an e- mail and it could —innuendos, accusations —and they do not say who it is from. Mr. Speaker, in my opinion that is illegal. I know, in fact, that the Royal Gazette has done . . . they have blocked out some people on certain stories in the papers from putting comments forward but I think this must stop because, Mr. Speaker, a lot of those comments are filled with hate and anger, and people react to that, Mr. Speaker . When you start accusing others and saying the type of . . . I will not even repeat . . . comments that are made over those blogs, Mr. Speaker , we as a Government, we have to put that in check because our job is to protect our chi ldren. Our children are doing what they see us do as you know they learn more by what they see than what is written. So, Mr. Speaker, I would hope that this Go vernment, we can get together, and put some legisl ation so we can block it out here and if you want to say something about Joe Smith, then you have to use your name. You have to use your name and, y ou know, if it is slanderous or libellous, then you just have to face the music. But you cannot and should not be able to put these types of comments out with no name. It is unfair —I do not care who it is about. Whether it is about the OBA or the PLP, it s hould never happen. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Minister for Public Works, Minister Craig Cannonier. You have the floor. PARKS PROGRAMME GRADUATES Hon. L. Craig Cannonier: Thank you. Thank you, Mr. Speaker . I want to share in the sentiments and acc olades thrown towards one of our …
Thank you, Honourable Member. The Chair will now recognise the Minister for Public Works, Minister Craig Cannonier. You have the floor.
PARKS PROGRAMME GRADUATES Hon. L. Craig Cannonier: Thank you. Thank you, Mr. Speaker . I want to share in the sentiments and acc olades thrown towards one of our civil service me mbers, Roger Parris. I have had the honour as Minister and having worked with this gentleman who is in the Parks Department and the fantastic work that he has been doing in working with many of our young people who have found themselves in courts and the likes in trouble—some of them [have] no home to go to—and he has taken these young men and women as well under his wings and has sought out to ensure that he can provide training for them in the landscaping field. I was a part of a team that worked with the Workforce Development to start formalising this programme. But he singlehandedly came to put this pr ogramme, not necessarily together , he was with a group of folks that put it together, but to steer this pr ogramme into the fruition of us now seeing where members are graduating with certificates in different disciplines of landscaping. So I cannot say enough about him and the team that he has been working with in the Parks Department to ensure that we look out for many of our young people who, some of us would say, have lost their way. I was not able to attend the graduation that they had just a few days ago, but I did want to speak to the fact that there are some very good works going on by our civil servants. There is good work out there in the comm unity. The private sector has gotten behind him and has donated monies towards this programme, and that is where I came in at the time when Parks was under myself, formalising this programme with Workforce Development to ensure that we are providing a pr ofessional service, and that these young men and women can be certified. So I say all accolades to Parks as well for their part in supporting this particular programme.
RENOVATION AT GOVERNMENT ADMINISTR ATION BUILDING
Hon. L. Craig Cannonier: I would like also to ensure that all Honourable Members are clear. Sometimes when we get in the House emotions can get in the way of some of the clarity that some of us may be attempting to provide to Bermuda as we are in the House debating. It is clear that, Mr. Speaker, the 2272 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly Honourable Member from constit uency 13 is still not quite clear. He asked some questions earlier today. I provided those answers factually and was also willing to provide him with factual paperwork that would support what I had to say. And then to hear that he says that it is important that our people get the best that they can get, I share that sentiment with him, Mr. Speaker . I beli eve that we do need to provide the best that we can. But I do not want the public to be misled by the fact that, you know, we are using office space for a particular Ministry or individual just because. I gave some facts and some statistics. In 2011/12 budget, you can see very clearly that $15 million was allocated for rental payment that was outside of the estates of Public Works —meaning that Government properties was not sufficing, per se, and we were renting from the private sector in the tune of $15 mi llion. We fast forward to the 2016/17 budget, and I want to be clear on these numbers —we are now spending $9.48 mi llion in the private sector to rent space out. What we have been able to find is that we do have space and it would be more important and it w ould be advant ageous to, all of us, to have our offices consolidated and if we have space to fix that space up to ensure that we can pr ovide office space for our Members. We have over 800 buildings that we manage in this Mini stry and quite frankly we do not have the monies nec-essarily to fix all of them up. Now, we acquired these lands and buildings and the likes from many different means. Yet, Mr. Speaker, the Honourable Member asked us a question, and I answered the question, to later tell me afterwards, Well, you know what I meant . Well, I can only answer what he asked; I cannot answer questions that are in his head! I cannot! So if he would just simply ask what is in his head, then I can answer it. You know, I do not understand . . . and then you said we want to give the best. Well, Mr. Speaker, some people would say, Well, we certainly did give the best down at TCD, the offices . And then I hear Honourable Members talking about, Well, you know, spending money unnecessarily. There are some that would say , Well, you know what? You did not need to give that Minister an office with a en suite bathroom in it and a boardroom in it, and the like. Quite frankly, the Premier should probably move into that office space. It is the best office that any Minister coul d ever have. So I understand. I understand that Members would say, Well, why isn’t the Honourable Member moving down there? But let me be very clear, Mr. Speaker . They are not aware of everything. That place is cramped. It was cramped when they were Gover nment and so Members that are down there working are looking for more space. So we are liste ning to the civil servants who are saying, You know, we would like to have a little more space here, so maybe we should be looking at those office spaces .
An Hon. Member An Hon. MemberWow. Hon. L. Craig Cannonier: I hear the chirping of, “wow.” But if the Honourable Member would go and do his homework thoroughly, he would not ask the questions that he is asking. Get the facts straight! And this is not the first time that this Honourable Member has misrepresented …
The SpeakerThe SpeakerTake your time. Take your time, Honourable Member. Do not get too, do not get —point of order, yes. Carry on. POINT OF ORDER [Misleading and i mputing improper motive]
Mr. Diallo V. S. RabainMr. Speaker, that Honourable Minister is misleading the House and imputing improper motive. If he is going to say that I have mi sled, he needs to let us know when and what is he tal king about. [Laughter]
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Hon. L. Craig Cannonier: Certainly. Thank you, Mr. Speaker . I do not think we need to go any further from there. Memory is short, very short. What I want to get to, Mr. Speaker . . . I do not want to prolong …
All right. Thank you, Honourable Member. Hon. L. Craig Cannonier: Certainly. Thank you, Mr. Speaker . I do not think we need to go any further from there. Memory is short, very short. What I want to get to, Mr. Speaker . . . I do not want to prolong this here because I have offered to the Honourable Member any time he wants to know anything, please come to me. I am an open book. I will let him see whatever he needs to see. No problem. But to suggest that the Ministry of Tourism put an application in is wrong. They did not! They categor ically did not!
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. Diallo V. S. RabainMr. Speaker, the Minister is misleading the House. I never said that the Ministry of Tourism put a development order in— Hon. L. Craig Cannonier: Point of order, Mr. Speaker. Bermuda House of Assembly
The SpeakerThe SpeakerHonourable Member, sit down.
Mr. Diallo V. S. R abainI said the Ministry of Works, Architects Division, put an application in the Depar tment of Planning —
The SpeakerThe SpeakerThank you. All rig ht, thank you, Member. Hon. L. Craig Cannonier: Thank you, Mr. Speaker . He has proven my point. You go to Hansard. He never even came close to that statement! Not even close! So I am going to say this here in closing because I do …
Thank you. All rig ht, thank you, Member. Hon. L. Craig Cannonier: Thank you, Mr. Speaker . He has proven my point. You go to Hansard. He never even came close to that statement! Not even close! So I am going to say this here in closing because I do not need to prolong this here. I can explain to the Honourable Minister how it works, but I cannot comprehend it for him.
[Inaudible interjections]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will . . . and the audience needs to know, people in the Gallery need to know that you watch what is going on; you do not react to what is going on. I hope the Gallery understands that. There should be no reaction …
Thank you, Honourable Member. The Chair will . . . and the audience needs to know, people in the Gallery need to know that you watch what is going on; you do not react to what is going on. I hope the Gallery understands that. There should be no reaction to what is going on in this Chamber from those people sitting in the Gallery. Otherwise, you will be asked to leave. MP Weeks has the floor.
The SpeakerThe SpeakerGood evening. GUN VIOLENCE AND CRIME IN THE BLACK COMMUNITY
Mr. Michael A. WeeksMr. Speaker, what I want to talk about now is a few things, but in p articular, Mr. Speaker, seven years (or in another term 84 months) have passed since May of 2009. Since that time, 29 young men have lost their lives to the violence of gun crime. Mr. …
Mr. Speaker, what I want to talk about now is a few things, but in p articular, Mr. Speaker, seven years (or in another term 84 months) have passed since May of 2009. Since that time, 29 young men have lost their lives to the violence of gun crime. Mr. Speaker, just in the paper on 22 June, was another frightening statist ic. Of those 29 deaths, they have left 58 children fatherless. And I would ve nture to say, Mr. Speaker, that of the 29 victims, I would say it is another 20 or so perpetrators who have been incarcerated or will be incarcerated who will also leave behind some children, so they too will become fatherless. Mr. Speaker, we have had vigils. We have had marches. We have had groups. We have had prayers over these last seven years, fly by . . . I will not say fly by night, but every so often groups get t ogether to have these prayer vigils. But over the last 12 months (one year) the hot topic has been same- sex marriage and civil unions. Some of us here and in the listening audience may feel that that was the hot topic and that should have been the main thing that we hear in this Honourable House and what our comm unities should have been focused on. But I stand here today, Mr. Speaker, to say that once and for all we have to address what is happening in our community. Some when you say it is the community, as a whole Bermuda, but we have to be bold and say it is the black community, Mr. Speaker . Of these 29 deaths, every one of them had been a young black man and so far the perpetrators have been the same. So we have to find some courage now to find out how we are goi ng to address it. It is not in the white community. It is not in the Filipino community or the Portuguese community. It is right in our now community, the black community. We should have been front and centre up here in this House, Mr. Speaker, for seven y ears. I do not have the statistics in front of me, but I will venture to say that 20 years before 2009 we probably may have had about three or four deaths, violent deaths. But we have had 29 in seven years. Mr. Speaker, I applaud the group Preserve Marriag e who sought to educate our communities on the implications, right or wrong, yes or no, on the Yes vote. I applaud Preserve Marriage, honourable co lleague (and I will repeat again for some people that have a smile), I applaud them for what they have done to educate our community. But what I want to say, Mr. Speaker, is that we have 125 churches in this country and if they could come together . . . what they need to do, Mr. Speaker, is come together. Come together and come up with some kind of solution, lead the charge in trying to eradicate what I see as destroying the fabric of a certain community. So, Mr. Speaker, as I go on, I will only say that there is a crisis. Not a crisis of whether or not there should be same- sex marriage or even same- sex civil un ions. There is a crisis in our community, Mr. Speaker, more so in our black community, with our men dying by bullets, and our Bermudians, Mr. Speaker . So we have to somehow make the link between what we have been seeing in the things like the Mincy Report , Hopkins Report and the like that talk about the plight of our communities, the black co mmunity in particular. We have come to a point, Mr. Speaker, that these murders, this gun crime is desensitising our communities. We talk about it for a minute, we hav e some condo lences, and two minutes later we have gone on. We have to keep this here front and centre until we can eradicate this, Mr. Speaker . I cannot stress enough that we have to come up with som ething, with the same energy that I saw the last time 2274 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly concerning Yea or Nay with whether we should have same -sex marriage or not. We need to come up with the same energy. In this House alone, 90 per cent of the people in this House come from the same black community. We have to get serious with it. There are so me other pressing i ssues, yes. But the most pressing issue in my humble opinion right now, Mr. Speaker, is how we can eradicate what we see happening in our comm unity. It is happening more and more. There was a time it was confined to a certain part of our country. Now it is happening more frequently and anywhere. So much so, Mr. Speaker, that just two or three days ago we had two young men ride up to a job place and try to slash another young man—this is how bold crime has gotten. That in itself could have turned deadly.
An Hon. Member An Hon. MemberThey slashed him?
Mr. Michael A. WeeksYes, they did slash him. And that is what I am saying. This is a crisis, Mr. Speaker . We should look at this here as a state of emergency. I do not know if we are going to do it, t he Governor is going to do it, the …
Yes, they did slash him. And that is what I am saying. This is a crisis, Mr. Speaker . We should look at this here as a state of emergency. I do not know if we are going to do it, t he Governor is going to do it, the Government is going to do it, but we have to call for that. I remember in this House, Mr. Speaker, when I first came here, our former Premier had asked the Governor of the day if we could bring in some special ists from ov erseas.
An Hon. Member An Hon. MemberWe do not need any specialists.
Mr. Michael A. WeeksI heard some interpolation that we do not need any specialists. What I am saying is we need something, and I am not here to say what we need, but I do know that we need somethi ng to be done now. When I was speaking of the former Premier, …
I heard some interpolation that we do not need any specialists. What I am saying is we need something, and I am not here to say what we need, but I do know that we need somethi ng to be done now. When I was speaking of the former Premier, I was simply saying that way back then he saw a crisis coming. Seven years later we have had 29 deaths . . . young, black men. So that must be a crisis in our community. At last check I remember seeing that there were 125 churches in Bermuda. Some say more than that. But all I am trying to say is (I do not have the ex-act number in front of me) that I would stand here and say that most of them are black churches and these young, black men . . . most of them, we all came up alike, came up in the church. Where are our pastors? Where are our churches, when there is a crisis right now in our black community? Some people look at things for political reasons and gains, and I know what we have talked about for the last 12 months. I do not have to repeat my stand, but I boldly said mine. One of my colleagues said that we all should get up and say where we stood on that. I had no problem saying it. But if I had my way the issue of the day (of every day) w ould be how do we arrest the problem that I see in our black community, Mr. Speaker . How do we address that violence? Is there a causal link as the Mincy Report said? Or the Hopkins Report said? We have to look at these things, Mr. Speaker, and look at it with sense of urgency. I u nderstand what the referendum said here. I understand the implications of the referendum in England yesterday. All of them are important. But right here, on our Isle, this beau tiful place that we call home is being marred and scarred forever. So, for my few minutes, Mr. Speaker, I just want to make it clear to my colleagues and to the listening pu blic and to those pastors that are out there gathering now, come together —that 125 or 200 or whatever they are —and come up with a way an d a plan to address what is happening in our black community. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 25, the Learned Member MP Mark Pettingill. You have the f loor.
Mr. Mark J. PettingillThank you, Mr. Speaker . Mr. Speaker, I commend my honourable friend on that speech. That is a tough act to follow because anybody who does not join that Honourable Member in his co ncern for our community is clearly missing t he plot. I am focusing on a different …
Thank you, Mr. Speaker . Mr. Speaker, I commend my honourable friend on that speech. That is a tough act to follow because anybody who does not join that Honourable Member in his co ncern for our community is clearly missing t he plot. I am focusing on a different issue, but I want to be very clear on the fact that, you know, when I hear the news, far too of ten, about young black men dying as a result of gunshots in the community, it just makes me sick, it makes me wince. It tur ns in my stomach like I have been hit, like, Not again. What do we do? Mr. Weeks poses the question rightly because he is asking the question, and, unlike some of the things I am going to say, it is not a rhetorical question because we do not seem to have the answers. We do not have them here. The police do not have them. The authorities do not have them. The courts do not have them, and the comm unity does not seem to have them as to how we address that most significant i ssue.
ORLANDO, FLORIDA, NIGHTCLUB SHOOTING
Hon. Mark J. Pettingill: But I am going to touch on another shooting and that is a shooting that happened in Orlando less than two weeks ago. I sat and watched the reports on that with my Honourable and Learned friend, Mr. Crockwell. We were away at the time, and we saw the young people up on the screens on the TV that had lost their lives in their community — the gay community, the Hispanic gay community — that is how deep the kind of divide is running in O rlando. They basically have a Hispanic gay c ommunity. And one knew right away, you know, this is a crime of
Bermuda House of Assembly hate. It is terrorism, bigotry, homophobia, but a hate crime of immense proportions. I have to say I was struck by the fact that the world was sitting there in abject horror at this occurrence, and what was going on in Bermuda was we had a hundred or so people it was reported up here touching the stones on the House of Assembly and praying for us. And I welcome the prayers. I will a lways take the prayers. There is good energy. Please pray for me. But you know that we came down on the right side with regard to same- sex marriage. It occurred to me, Mr. Speaker, that, you know, the basis for touching the stones is the same basis that is only one step away from throwing the stones. I am glad that we are touching stones. Peac eful people, it was a peaceful kind of demonstration. But in other places, that type of view in relying on a certain dogmatic view is a basis for throwing stones or shooting guns. People believe so strongly in their position and their view, in their interpretation of some doctrine that that is the way it is. They are driven sometimes to touch stones, sometimes to throw stones and sometimes to fire guns. I was struck by the fact as to how much energy was put into this campaign on Preserve Marriage by the Preserve Marriage Group and the result which came out yes terday —which did not surprise me. It did not surprise me because of the amount of energy that went into that campaign. But I thought, you know, I have said it here before, Mr. Speaker, marriage is no longer a religious concept. Marriage is a legal concept and it became that some time ago, many years ago. I have said it before here, the church may marry you or they may not, the registry may marry you, but it is the court that divorces you. And 50 per cent of the people that are getting married in those churches end up getting divorced in the court. I wonder if you are going to start with Pr eserve Marriage then start with how you preserve the marriages that are going on so that 50 per cent of them do not end up in the court between heterosexual people. I have been baffled by the fact of how much energy has gone into this because I believe in my heart of hearts . . . and I have said it before. I will not rest until it is addressed. And if anybody thinks that the result of this referendum is binding or anything else, it is done, it is not done . . . it is not done. This is a human rights issue and if people start on the basis of asking the question first and foremost, Do you believe in human rights? It is a rh etorical question. And the next question is, Do you believe that one human being has the same rights as every other human being? It is a rhetorical question. Do you believe that people have the right to religious freedom because of what they believe? It is a rhetor ical question. I have said it before that if anybody tried to force an issue of same- sex marriage on a church and say, You must marry us (a same- sex couple) in your church against your religion, I would be the first person to stand up and defend that church for free because those people have the right to their religious belief. It is constitutionally enshrined. It is a human right they have and nobody can force them to do something outside of that belief. But likewise , with full respect for human rights, you cannot within that belief force me to do something if I do not embrace that religious concept. That is what has gone on in this country right now. We have had a group of people that have said, My belief is so strong, is so right, that I can impose it on you. I have not started on the basis of, in my respectful submission, Is this a human rights issues? It is! The Human Rights Act is the key to the entire argument. The Human Rights Act embraces religious free dom, rel igious r espect, as do the Constitution and the Human Rights Act embrace the concept with regard to sexual orien-tation. Something that was added, I am very proud to say, when I was the Attorney General. That Act rightly is the umbrella for everything and protects everybody —even if you do not like it. You may not like the idea of two men standing and professing their love for one another —their love for one another —and creating a lifelong bond. You might not like it because it runs against your belief. So do not do it in your church b ecause heaven knows I will protect your right not to have it done in your church. But not necessarily in my personal world, Mr. Speaker . What right do you have to impose that belief on me if I do not believe that? What right? If we start on the basis that it is a human i ssue, we flow down a very different path. I think that was lost on people in this country that voted No, No. That was lost. It did not start on the basis of it is a human rights issue, just like your right to reli gious freedom. The world has changed. You know, the Bible for all its wonderful things, was written in the Iron Age, through six languages and a lot of interpretation, with a lot of really great and good stuff to live by. And if you want to live by that code, that is your right. I will d efend it for you. Same as I defend your right to embrace Islam and Buddhism and Hinduism and all the doctrines of various religions. That is your right. And I embrace everyone’s right to believe in what they believe and do w hat they are entitled to do as long as it does not hurt me or mine or anybody else— as long as it does not force your position on me. “Love is my religion,” said Ziggy Marley. With great courage, a Jamaican man said that he did not believe that age- old Scr ipture could necessarily di ctate what love was now through its interpretation. Love is my religion —and I pause for a second. I thought, you know, if Preserve Marriage could become Preserve Human Rights, Preserve Equal Rights, address the question that the Honourable Mr. Weeks raised about how do we better love one an-other without judging the way we love one another or who loves one another . . . people are born gay. They do not choose to become gay! That is a scientific fact. 2276 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly [Inaudible interjection]
[Gav el]
Mr. Mark J. PettingillThank you. That is a fact. And here is another fact whether you believe it or not. People are entitled to love who they choose to love and as a human right are entitled to every other right that every other h uman being has inc luding the right to …
Thank you. That is a fact. And here is another fact whether you believe it or not. People are entitled to love who they choose to love and as a human right are entitled to every other right that every other h uman being has inc luding the right to declare that love before their God, before their moral basis with their commitment to one another as a lif elong commitment . . . in love. So what about if we got on that page? Maybe we stop the bullets flying because we need to figure out how we get to love as our religion, across the board. How we do away with hatred? That is where our focus needs to be. Then maybe what a wonderful world it would be and just maybe we would stop events and trage dies like what happened in Orlando. Maybe we would change the world with that approach. So this issue of same -sex marriage needs to progress. I know it is going to go through the courts. I always believed that. I believe that ultimately the courts and the law will get it right and people will hav e to sit back and accept that. I think the time has come now for —that is the way for it to go. We have bantered it about here long enough. Some people have cowered from it because they have been afraid to speak to it. Some people are afraid they will lose votes. Maybe they believe in their hearts a certain way but, boy, they do not want to lose that 250, 300 votes from the church in their community by coming out and standing on— but not me. Not me. So if I just lost 300 votes, that is fine with me. I would rather lose them and stand on the integrity of human rights for all and love is my religion as opposed to be elected to sit in this House. I will continue to fight for the human rights of those gay people. They are entitled to every service and every benef it of every heterosexual person and of every other human being. I believe that that is what right thinking people should do . . . to fight for the rights of gay people to have every single right that every other human being has, includ ing marriage. And no t some colourful art ifice of a civil union either. Of marriage, the legal concept of marriage, to be able to be married, to be able to enjoy the rights of mar ried people and, yes, to be able to divorce, to raise children and to do everything that everyone else is entitled to do. Maybe we stop the bullets flying, we stop the bigotry, and we stop the hatred if we get on the page and we all say hand in hand like Ziggy Marley, Love is my religion. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Mem ber. The Chair will now recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor. POLICE INVESTIGATION PROTOCOLS Hon. Michael J. Scott: Thank you, Mr. Speaker, I am grateful. Mr. Speaker, lest any of us be under any ill usion that the …
Thank you, Honourable Mem ber. The Chair will now recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor.
POLICE INVESTIGATION PROTOCOLS Hon. Michael J. Scott: Thank you, Mr. Speaker, I am grateful. Mr. Speaker, lest any of us be under any ill usion that the whole question of a thorough, fair and proper investigation subscribes to a better outcome if certain prot ocols are followed, as a matter of good, proper and fair administration of justice I would just like to underscore these protocols. The first is preparation of an inquiry or invest igation. The second is the inquiry stage. The third is the analysis or analysing of whatever facts and ev idence come to the investigators attention. He would then document your amassed information and then you report. If you follow those protocols, you avoid the pitfall of having evidence being forced upon some theory or some theory being forced upon the ev idence. Preparation is so important. It is the first phase where you just create your roadmap and give yourself some direction.
[Inaudible interjections]
[Gavel] Hon. Michael J. Scott: That direction, Mr. Speaker, comes from the basic investigative tools which are the written evidence, transcripts, reports and you seek to organise these factors before y ou begin your inquiry. You have a sense of where you are going to go if you are amassing in a preparatory stage these elements. The inquiry stage is important, too. One of the important things to remember about the inquiry stage is that it is based on the theory of the opponent, the law e nforcement generally where the inquiry is onesided. You have a thesis, you have a theory, you have not begun to amass compelling or convincing ev idence but you have an inquiry. Many investigations fail to be good ones bec ause there is failure to have an inquiry follow through with an in- depth investigation stage. So you avoid having theories that make no sense, mislead you in your investigation. The analysis is important as well where you then begin to organise your thou ghts and any ev idence or facts that you have in your grasp to follow. And important in the analysis phase for the integrity of an investigation is that the investigator should follow the negative leads and the positive leads and follow them with integrity right to the conclusion and be guided by them so that you do not impose theories into evidence or evidence onto theories. Then you document, Mr. Speaker, so that you organise your findings into a fashion that would be comprehensive, understood and it hel ps to support what is the conclusion of an investigation which is
Bermuda House of Assembly through the reporting stage. But you then document. That is important. And then you finally report. You have investigated the process, you report on your findings, you state what your proces s was —you have seen it. We see it in all sorts of opening statements to reporting—state your methodology —
[Inaudible interjections]
[Gavel]
The SpeakerThe SpeakerHonourable Member, please. Hon. Michael J. Scott: You state your investigative process and methodology; state your findings, review the evidence that you have amassed and then that becomes a good report. If we follow these protocols, if law enforcement in our country (lest they need any reminding, these are standard) …
Honourable Member, please.
Hon. Michael J. Scott: You state your investigative process and methodology; state your findings, review the evidence that you have amassed and then that becomes a good report. If we follow these protocols, if law enforcement in our country (lest they need any reminding, these are standard) follow these protocols, then we wi ll have an investigation that cannot be questioned. It has to be remembered that most investig ations —all investigations —have a beginning and they have an end. And we have heard comments in the House this after noon that there is an oppressive el ement introduced if inquiries go on endlessly without some sealing end. Inquiries will end, Mr. Speaker, if you follow the facts, if you make an analysis of the facts and that evidence that you gather and the facts lead you to a positive finding of the commission of wrongful conduct or crime. Then the process works well. Unless we need any reminding about this, it certainly does not work well if we do not follow these protocols and the citizen gets the impression that the investigation is being used for some other oppressive purpose, some other intimidatory purpose. So I commend these protocols as a reminder to this House that in the interest of justice and in the good administration of justice—these are the factors and the pr otocols that we need reminding of and that should be followed so that we do not have a Bermuda where we have the law enforcement or the investigative arm in our country not following proper protocols. So I make those statements in the context of some of the things that I have heard here this afternoon. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Minister of Home Affairs, Minister Gordon- Pamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker, and good evening to my colleagues.
The SpeakerThe SpeakerGood evening. WORKFORCE DEVELOPMENT, THE NATIONAL TRAINING PLAN Hon. Patricia J. Gordon -Pamplin: Let me say, Mr. Speaker, that I wish to make reference to the comments made by the Honourable Member from co nstituency 13 with r espect to the Workforce Development, the National Training Plan of which I …
Good evening. WORKFORCE DEVELOPMENT, THE NATIONAL TRAINING PLAN Hon. Patricia J. Gordon -Pamplin: Let me say, Mr. Speaker, that I wish to make reference to the comments made by the Honourable Member from co nstituency 13 with r espect to the Workforce Development, the National Training Plan of which I underscore the one that is in existence (the first segment) was the first one ever. So when we hear complaints and crit icisms, Well, where is number tw o? Where is the second part of this? Yes, it is coming and, yes, the Ho nourable Member from constituency 28 had, as Chai rman of that Workforce Development team, invited me to attend their monthly meeting (which I did), and he has given me a copy of stage t wo of the National Training Plan which, as he said, in deference to prot ocol and propriety has given me the opportunity to learn it, understand it and give my blessing to it before it is actually publicly released. That is something that is in train and it will be tabled and publicised as soon as is practicable. Let me just say that it was just over two weeks ago that the Honourable Member from [constit uency] 13 brought his concern about the certifications and the like, and I vowed at that point that I wou ld look into it, which I have. I want Honourable Members to know that it is an ongoing process. However, I can say categorically that we actually approved having another enforcement officer. We had requests for a career development officer because the work load has just been entirely too much. Now, there is no ac ceptance of an excuse when things are not being done according to the existing legislation, but I want to ensure that we rectify those situations. And I can make the Honour able Member know that it is going to take more than two weeks. So he may come back next week because it is the way they grandstand. They do not come back the follo wing week and say nothing is being done. But he can rest assured that we are wor king assiduously on this particular issue to ensure that not just the training aspect but we are actually looking at the entire training programme and whether it is effectively placed in Workforce Development or whether it is something that might be better suited for a differ-ent environment, suc h as the college. But we are looking at that to make sure that what comes out of it i nures for the best benefit, the optimum benefit, of all of the people of Bermuda who require retooling and r ecertification of where it is that they come from in terms of their employment. Let me also say, Mr. Speaker, that the Honourable Member asked and invited Members to let him know when misleading statements have been made. I will just refer to one very quickly, because I do not want for people to go home and scratch t heir heads and say why was he saying this about me. The Honourable Member will know that when he sat in the other place he made a statement that he knew to be 2278 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly incorrect in terms of the roof on my house having been fixed by Works and Engineering when my neighbour so serves in a lodge with that Honourable Member told him that your information is incorrect. The response as reported to me by the neighbour was that he said, I accept the fact that you are now giving me information that what I said was inaccurate. However, if I correct myself I might be ostracised from my party . That is the level of integrity that we are dealing with. Mr. Speaker, when we make mistakes . . . certainly when I make a mistake, I am willing to stand up to it. I am willing to accept that I may have uttered something i ncorrectly. I stand by my convictions and I correct it at the earliest possible opportunity. So when people decide that they want to hide and cower behind their allegiance to whatever institution with which they have alli ance, I just find that a little bit disingenuous to come and now say that, you know, you are an honourable person. I am not sug gesting that Members here are not honourable. But when you start to defend you honourable state by knowing that you have said something that is blatantly and patently un true and you are yet not willing to accept and acknowledge it, then I do start to question the level of that integrity, Mr. Speaker . Mr. Speaker, I wish to go on before my time runs out concerning one Member opposit e who indicated that the Premier had said nothing about the referendum. Inter estingly, I was awake for most of the night because I was following the goings on in the UK—
Mr. Rolfe CommissiongPoint of order, Mr. Speaker . I assume the Member is speaking of my comment.
The SpeakerThe SpeakerI have no idea who she said. [Laughter] Hon. Patricia J. Gordon -Pamplin: Go ahead, carry on.
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER [Misleading]
Mr. Rolfe CommissiongNo, I am saying that the Member is m isleading the House because I spoke of the point that the Premier did not address this House on the matter of the referendum. Hon. Patricia J. Gordon -Pamplin: Okay. I will accept that. I misheard. I thought he said the Honourable …
No, I am saying that the Member is m isleading the House because I spoke of the point that the Premier did not address this House on the matter of the referendum.
Hon. Patricia J. Gordon -Pamplin: Okay. I will accept that. I misheard. I thought he said the Honourable Premier did not have any thing to say on the statement because I know that, having been awake half the night listening and trying to figure out what was happening in Britain, I dozed off and was awaked to the Pr emier’s dulcet tones som ewhere around seven o’clock this morning with a statement about the results of the referendum. So I just wanted to say that, just to make sure that people did not think that nothing was done or said by our side in recognition of the result of that referendum.
REFERENDUM ON SAME -SEX MARRIAGE
Hon. Pat ricia J. Gordon -Pamplin: What I do want to say, though, Mr. Speaker, is that I listened very car efully tonight to Honourable Member Brown from con-stituency 17 and Honourable Member Commissiong from constituency 21 and last week (or if not the week before) from Honourable Member Scott from constit uency 36. What each of them indicated in their di scourse, Mr. Speaker, is that we in this Honourable House have a job to do and that job, Honourable Member from [constituency] 36 said, we should never have a referendum which allows the rights of the m inority to be trampled on by the majority. That was the comment made by that Honourable Member. Member Brown indicated before when we had opportunity to look at a piece of legislation that might have helped to ameliora te this situation so that we as a country can provide what is minimally required of us by the European Conventions basically to say that we have an obligation as dictated by the courts that we have an obligation to ensure that we provide a fram ework to provide the right to family life for all of our cit izens. That is what we are tasked to do. When I heard Members tonight, but especially Member Brown and Member Commissiong indicate that . . . well, Member Commissiong indicated that Member Brown has reminded him of the failures that we have had in this Honourable House for failing to accept the responsibility of making the difficult dec isions that we are tasked with. We have failed as a House to the point that we did not have votes to put in place that which we were required to do by our affili ations with the European Conventions on H uman Rights and with the directives and the dictates of the local court. With that said, Mr. Speaker, I have had var ious criticisms in terms of why did you all hold a refer-endum . I just want to speak very briefly to the choices that existed. We could have done nothing, which I do not believe would have sat well. We could have put the legislation that we had, tabled it, voted on it, debated it and allowed it to fail knowing that w e did not have people who were going to stand up to say in their heart of hearts I know it is right to support this. However, I choose not to because of my p olitical a ffiliations and allow it to fail in which case it falls off the Order Paper, falls off the radar and a year later we are still wondering how do we fulfil the dictates of the court in allowing some kind of family structure for all of
Bermuda House of Assembly our citizens. Or we could do what we did and put it to a referendum. Well, we do know, Mr. Speaker, that at the very least that referendum was going to keep the i ssue front and centre on the table. The regret is that after all of the man ner in which the referendum went . . . and, you know, we can question in retrospect, hin dsight is 20/20 vision. Was that right wa y to go? What we do see is that it has failed to meet the necessary criteria for validity of a referendum and as a result the exercise for all intents and purposes may appear f utile, in retrospect. However, with the futility of that ex-ercise we still do ha ve some indication that, you know, 46 per cent of our population have expressed a re asonable view on that topic. But does that release us from our responsibility to the minority in our comm unity? I do not believe it does, Mr. Speaker . So in a way, it is a lmost a blessing in disguise that the referendum failed because now I believe that the topic is one that can reasonably and honestly continue to be addressed as one that falls in the purview of our responsibility in this Honourable House of that of making difficult decisions. And not standing by and permitting the majority to trample on the rights of the minority. Mr. Speaker, when I see that, you know, we were able to have respectful dialogue for the most part early on in a controlled environment. It got very ugly over the course of the last couple of days on s ocial media and the like. When you look at it and you think as a people, I s this the best that we can do? It is frustrating when you hear somebody intentionally getting out there and sending a note to say that the question by the Parliamentary Registrar as set out on the paper was rigged to confuse people and I sat and I thought, This is just probably the most extraordinary and bizarre interpretation that I have ever heard. So I have asked a few people, Were you confused? Did this cause a problem for you? And I have heard, No, there was no confusion. The instructions were clear. We did what we were supposed to do and we followed it and there was no confusion. So when you have that mischievous kind of uttering that goes viral in our environment, we have to appreciate the fact that we could be setting a dangerous precedent by misinforming people when it is not necessary. We create unnecessary angst when we could have done better as a people. Now, in te rms of the results —all I can say is, Mr. Speaker, that we still have that responsibility. I think that as legislators, every single time a court decision is handed down that impacts something that we have failed to have the courage to do in this Honourable House, we should hang our heads in shame. We should give back our pa ycheques to the people that we are supposed to represent because we do not just represent the ones who agree with us. We do not represent only the ones who look like us or who act like us, Mr. Speaker . We represent everybody and that is our responsibility. So we have failed, yes, as a people. And when I hear Members opposite recognise that they have fallen short in their responsibilities, I would certainly hope at some point in time we can reach across the aisle and say, y ou know, as a Parliament we should be able to go down in the annals of history and to prove that in this Honourable House that courage to us is more important than whether or not we can become re- elected be cause that is th e major consideration that many of us had. It is a political decision. Am I going to put a position forward that is perhaps not accepted by the masses of the churches. And God knows, Mr. Speaker, I am a Christian woman. Lord knows that. When I hear peopl e telling me that I am touc hing the wall to pray for you because I am praying against somebody else, I say, keep your prayers. I have enough carpet burned on my knees to pray for myself under those circumstances. I normally appr eciate prayers, Mr. Speaker, because I have always been taught that the fervent and effectual prayers of the righteous availeth much. I know that as we have to face the highways and byways and the barbs that get thrown at us on a daily basis in our comings and goings, Mr. Speaker, I know that we all need prayers. We need that higher being. We need that fortification. For that very reason, Mr. Speaker, I have r efused to go to the church that I have been a member of for 60 years because I was getting barbs coming from the pulpit Sunday after Sunday after Sunday when I go for spiritual rejuvenation. Few people can say that they are more spiritual than I. Maybe my mouth and my language, perhaps, leave a lot to be desired, and I acknowledge my shortcomings. None of us is perfect. However, Mr. Speaker, I do try. I try to live in a manner in which I would want to be treated. I certainly would not want to be treated in such a way that says that whether or not I get re- elected to this House dictates how my name goes down in the hi story books. I want it to be said and it to be shown, Mr. Speaker, that I have the courage of my convictions to treat every single one of my fellow men in exactly the same way that I want to be treated. So, in retrospect, did we do the right thing in terms of a referendum? Well, we will never know. Maybe it was an exercise that we needed to do. It gave people the o pportunity for further discourse for those who did not come out and have the opportunity to speak at the time that the opportunity was being offered. So this gives another chance for us to have a look to say that we as a people, Mr. Speaker, must look out for the least of us. So I have to ask the question, how much courage do we have in this Honourable House? Thank you, Mr. Speaker .
[Desk thumping]
2280 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly The Speaker: Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 15, MP Walter Roban.
GUN VIOLENCE AND CRIME IN THE BLACK COMMUNITY
Mr. Walter H. RobanThank you very much, Mr. Speaker . It has been an interesting motion to adjourn. A lot has been said . . . very interesting comments as we have had a lot to reflect on, namely a referendum that has been held here. We have the referendum that has been …
Thank you very much, Mr. Speaker . It has been an interesting motion to adjourn. A lot has been said . . . very interesting comments as we have had a lot to reflect on, namely a referendum that has been held here. We have the referendum that has been held abroad in another place of very important significance and we have other things which have been happening here which have raised concerns — things concerning justice, things concerning the pe ople and their condition. One Honourable Member brought to our attention the 29 violent murders that have happened to citizens of this country, young black men. We have had robberies. We have had a stream of robberies of small businesses in this Island. Most, at this point, seemingly no one has been apprehended and it is not clear as to who is carrying out these incidents. So her e we have young men that have died, young black men as has been eloquently described by my honourable colleague from constituency 16. They and their families have been the victims of these inc idences and to some degree the community has not quite figured i t out how we are going to stop it. And, yes, it has been raised in this House, Mr. Speaker, that some years ago (pre- 2009) there were efforts made to try and bring attention to why this was happening and how we were going to deal with it as it was emerging then because it is after that we now have these 29 murders. Now, perhaps we now have the experience and the ability and the wherewithal and the knowledge to marshal resources to deal with the situation as it emerges. But back then, this was almost new t erritory for Bermuda and the requests that were made by the then Government to try and tackle it were ignored or refused by the administrat ing authority —by the thenGovernor. Yet now, we have a situation, Mr. Speaker, where that same administering power —because questions have been raised by Members of this House as to how do we now evaluate the relationship with the UK and ourselves? The UK situation has within the stroke of one 24 -hour period changed dr amatically and may severely impact their relationshi p with us in the future. So how do we deal with that g oing forward —considering that there has not always been times, Mr. Speaker, where Government House or Westminster has been as helpful to our situation as we would have liked? So I bring it back home. They are going through a crisis. We are still trying to manage a crisis of certain types of violence. So how do we go forward? Questions of justice are raised, and I de-clare my interest, I too am a client of Dr. Reddy, so the incidents that happened with him brought extreme concern to myself, to say it mildly. Questions of justice . . . we see members advocating for justice for a number of groups. Clearly, the issue of our young men is perhaps a question of justice. Will this country do justice to the pligh t and concern that we have for our young men . . . our young black men, many of whom are experiencing situations that puts their lives at risk? Let us face it, other than perhaps with congenital situations of health, our young men perhaps have one of the hig hest mortality rates of a certain age group of any group in the country considering in seven years, 29 of them have been murdered. We are experiencing robberies of an alarming rate and type of small businesses outside of the city centre and not yet is it clear who is doing it and when it might stop. I do believe that the police are doing as much as they can. I commend the police for all the work that they do to protect us. But clearly we have a situation that needs to be dealt with. I am confident that ultimately they will prevail in dealing with the situation because it brings disquiet to the community. It brings unsettledness. It brings a certain level of r eputational risk, but, arguably, Bermuda is still a safe place, one of the safest places in the w orld to be. And all we Bermudians work hard for that to be the case, Mr. Speaker . I do not doubt that. But what should we be doing about this? I think it is important that . . . and some of my co lleagues have attempted to raise these issues over and over again. We must begin as a country to assess the root causes of why these incidences are happening—why there are the robberies, why these young men are going after each other. I think one of the key challenges has been how do we grapple with the s ocial ques tion and the psychological and other questions around. I believe law enforcement is being aggressively pursued with as much resources as we can marshal to put into it, Mr. Speaker . But it will be the social issues, the s ocial dynamic that Bermuda needs to get its head around. Why are these things happening? Why are people being driven to the desperation of robbing stores in the middle of the day? It is such an uncharacteristic situation for Bermuda to be experiencing. So, Mr. Speaker, those are some of the questions that we are confronted with.
REFERENDUM ON SAME -SEX MARRIAGE
Mr. Walter H. RobanWe also, Mr. Speaker, have to deal with the priorities that we as a country face. Yes, we have been gripped with a campaign to deal with what some people see is a human rights question, other people see as a question of religion and rel igious customs. I listened …
We also, Mr. Speaker, have to deal with the priorities that we as a country face. Yes, we have been gripped with a campaign to deal with what some people see is a human rights question, other people see as a question of religion and rel igious customs. I listened carefully, Mr. Speaker, to the Honourable Member who sits in constituency 25 and
Bermuda House of Assembly most of what that Honourable Member said made sense. But I was concerned about the strength of his comments because the Honourable Member seemed to have issue with Preserve Marriage. Now, I do not stand here as a member of Preserve Marriage. I do not stand here as an advocate for them. I stand here as a citizen, just like anyone else, making an observ ation about a situation. The Honourable and Learned Member’s comments around the efforts by Preserve Marriage, I thought were, at times, a bit severe. I say that b ecause if we believe we are a democratic society, they (Preserve M arriage), just as members of the Rainbow Coalition, just as any other affiliates of the Rainbow Coalition, just as Mr. Tony Brannon who seemed to be one of the chief advocates for at least a period of time and the face of the Yes Campaign for same- sex ma rriage and/or civil unions, have had the right to express their views and campaign for their views. I find it difficult to be critical of Preserve Marriage if they managed to be better resourced and bet-ter able to get their point across and marshal more people in a more public way to show their position. Why should we be critical of that if you truly respect that people on both sides had strong views? And, yes, Preserve Marriage . . . but so did the Rainbow Coal ition. And when we speak of harsh, sort of tone or commentary, I can tell you this: I received some e-mails from those who I consider to be the Yes Campaign which I considered to be threatening and pr ovocative and I thought were inappropriate. So the “hostility,” Mr. Speaker, if we put it in quotes or the strength of effort was not just on one side. There were people sending around e- mails and I do not get into the social media thing, Mr. Speaker, because I just do not go there. I do not have time and I do not have the energy to spend all my time trol ling on my computer looking on Facebook or anybody else—that is me.
[Inaudible interjection]
Mr. Walter H. RobanThat is my name. Is there something wrong with that, Mr. Premier? [Inaudible interjection]
Mr. Walter H. RobanYes, I am on social media, but I do not spend all my time on it. Maybe you spend a lot more time than I do, but, Mr. Speaker — [Inaudible interjection] [Gavel]
The SpeakerThe SpeakerPremi er, you will get your turn.
Mr. Walter H. RobanMr. Speaker, the Premier has the last word in this House so he can say whatever he likes at that time. But he should not make me, at this point, a part of his personal commentary from his seat, Mr. Speaker . I am on social . . . yes, …
Mr. Speaker, the Premier has the last word in this House so he can say whatever he likes at that time. But he should not make me, at this point, a part of his personal commentary from his seat, Mr. Speaker . I am on social . . . yes, I have a Facebook page. But I do not spend that much time on it. I do not spend 24 hours a day, I can tell you that. So I did not get into fol lowing a lot of that stuff that was going on. In fact, what the Honourable Member for constit uency 23 was saying, you know, that was news to me. I did not see all that stuff because I jus t do not have time to see it. But I can say that what I did experience—the e-mail trails that were being thrown around. I saw some very hostile e- mails coming my way as a Parliamentarian. I have been down that road before so I did not even respond to it. But that tone, if it can be accused, was perhaps on both sides. But I do think that it is important that we do not criticise those who were well resourced and were able to get out there and organise and communicate what they felt was their strong view beca use let us not forget, it was the Government of the day that put this issue on the table to be publicly debated the way it was. Preserve Marriage was not there before the Government did it. They came after the Government put this out on the table and after the issues that were upon the table were put there for the public to comment on. They came after that. So they did not come before and their efforts followed the Rainbow Coalition and others’ petition that they went around. Then they went on and did thei r petitioning and got more people. So we should not criticise the fact that some people just were better at organising and repr esenting their view than others. That is democracy and usually the one who comes out of that process the better wins. It does not eliminate the issue being discussed again in the future, Mr. Speaker . It just means that at this episode, perhaps, that side had the day. Now, with the referendum, I think despite the fact that, again, this was the tool the Government chose to move forward the issue after presumably they had difficulty with getting the support within their own caucus for it. It was always clear what the PLP was going to do. We have dealt with these issues hi storically as matters of con science. So every PLP Member would ha ve been free to vote the way they wanted if it had come to this House as a Bill. That is how it has been dealt with within this episode as O pposition. That is how this issue has been dealt with in previous episodes of PLP history under previous Leaders, and even the current Leader dealt with all these issues the same way when they come to this House. So that is how it would have been dealt with. I do not know how they would have dealt with it, but clearly the Honourable Government had some challenges which is why they defaulted to the referenda idea. And so go —and it went the way it did. So here we are. 2282 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly One does have to . . . because this is what some people are saying out there. There have been precedents around referendums in Bermuda. We had one in 1995 that the then- Leader championed, just as the Premier championed this one, made their view clear and when the result came down that Premier at that time made a decision and went to Government House. As we saw last night or this morning in the UK, a certain Prime Minister said he will be going to Buc kingham Palace. And perhaps there are some people who say that the Honourable Premier here should make a visit up to Government House as well as this did not go the way that his Government presumably wanted to see. They wanted a valid result. Techn ically, legally, they did not get a valid result but it was not binding anyway. So we can only wait to see how the Government will deal with this situation, but I can only give them the guidance of history.
EU REFEREDUM —UK WITHDRAWAL FROM THE EUROPEAN UNION
Mr. Walter H. RobanNow, Mr. Speaker, I will talk a bit about referenda and the United Kingdom. The r esult in the UK, I think, was surprising to most other than those who were obviously campaigning for the Leave. But I do believe globally that the result has been a surprise. But that …
Now, Mr. Speaker, I will talk a bit about referenda and the United Kingdom. The r esult in the UK, I think, was surprising to most other than those who were obviously campaigning for the Leave. But I do believe globally that the result has been a surprise. But that surprise (in our humble view) should not preclude the Gov ernment of the day —and we had a statement from the Premier today —but I do not believe it said much of what we might be going to do. He talked about a whole lot of stuff that I clearly understand, as somebody who is a student of international relations, foreign policy and particularly the rel ationship between (as is my honourable colleague, Mr. Brown) the historical relationship between the UK and Bermuda. We understand all that stuff. But I think it was not clear on some other things that we were looking for as to whether the Government prepared for the possibility and what is going to be the Government’s steps going forward. Even before what happens in two years . . . it may not even happen in two years. What happens with the UK’s relationship with the EU? I do not think anybody knows, frankly, what is going to happen there. No one knows. In fact, they do not even know in the UK at t his point. So we cannot know anything, and I am not asking the Premier or his Cabinet to know anything more than those who are principally involved with this need to know, Mr. Speaker . I am not asking them because it is not possible for the Pr emier to know exactly what is going to happen. There is no way for the Premier and this Government to know precisely what they need to do either. But it is important that they have a plan. And it is important that they plan at least to ensure that steps are taken to preserve Bermuda’s interest. We have been pushed perhaps in the last 20 years or so, Mr. Speaker, as an Overseas Territory to having to do more and invest more in representing our interests abroad. The Honourable Finance Minister has become brutally experienced in that over that last three years, with his running around the globe talking about Bermuda, completing the Solvency II neg otiations and any other things that are required so that he and his team, Mr. Speaker, find themselves abroad talking about Berm uda. We had a statement today from the Finance Minister about his visit to Europe because this has become the reality of our existence as an Overseas Territory. No longer does section 62 of the Constit ution . . . is it? The section of the Constitution that outlines . . . is it section 62 that outlines the Governor’s —
[Inaudible interjections ]
Mr. Walter H. RobanI have smarter people back there than you have over in your backbench, I can assure you that, Mr. Premier. And I am sure they would go to town anytime with anybody on your bac kbench. Mr. Speaker, section 62, which deals with the prerogative powers of the Governor . …
I have smarter people back there than you have over in your backbench, I can assure you that, Mr. Premier. And I am sure they would go to town anytime with anybody on your bac kbench. Mr. Speaker, section 62, which deals with the prerogative powers of the Governor . . . I believe that is the section. I know my Constitution pretty well, Mr. Speaker . I am not sure others in this House are that able. But I do know that there are prerogative powers of the Governor.
[Inaudible interjections ]
Mr. Walter H. RobanI do not need to look at the t able of contents. I recited it just from my head. But, Mr. Speaker, I will focus on you and make my point in that there are prerogative powers of the Governor and those prerogative powers perhaps despite being enshrined in the …
I do not need to look at the t able of contents. I recited it just from my head. But, Mr. Speaker, I will focus on you and make my point in that there are prerogative powers of the Governor and those prerogative powers perhaps despite being enshrined in the Constitution have not operated in the purest sense over the last couple of decades. Even the United Bermuda Party became experienced w ith that in its latter years with having to run over to Brussels to fight to make sure Bermuda was not put on blacklists and other lists by the Organis ation for Economic Co- operation and Development (OECD) and that has been the continuous effort in a varie ty of areas whether it be with our financial service industry, with space with a variety like satellites and all types of things, us having to go where the . . . or with the TIEAs, all the TIEAs that were signed and co ntinue to be signed and endorsed and w orked on by the Government of the day. They have an able team of people, Mr. Speaker, who actually are doing that work for them. And I am happy that they have the benefit of that be-cause this is the real ity that we face. With our situation with the EU, th e Government needs to aggressively pursue ensuring that the interests of Bermuda are pr otected by passing, Mr. Speaker, whatever the situation
Bermuda House of Assembly is with the UK and how that unravels with the Eur opean Union. It does not need to wait for what happens with the UK. The UK is going wherever it is go ing to go and, yes, we are an Overseas Territory, but we cannot go down wherever they are going down. We have to remain up here and focused on ensuring that our inter ests as a jurisdiction are protected and do not go do wn the tubes wherever the UK’s relationship with the EU —
[Timer beeps ]
Mr. Walter H. Roban— is going to go. Thank you, Mr. Speaker . ANNOUNCEMENT BY THE SPEAKER HOUSE VISITOR
The SpeakerThe SpeakerThank you, Honourable Member. Honourable Member, just before you start, Honourable Premier, I just want to take the opport unity to recognise the Minister from National Security, Senator Baron, who is sitting in the House. Mr. Premier. [Motion to adjourn continuing] Hon. Michael H. Dunkley: Thank you, Mr. Speaker . …
Thank you, Honourable Member. Honourable Member, just before you start, Honourable Premier, I just want to take the opport unity to recognise the Minister from National Security, Senator Baron, who is sitting in the House. Mr. Premier.
[Motion to adjourn continuing]
Hon. Michael H. Dunkley: Thank you, Mr. Speaker . Thank you for that 35 minutes you are putting on the clock.
[Laughter]
QUESTION PERIOD, LACK OF ANSWERS Hon. Michael H. Dunkley: Mr. Speaker, I have a number of items to speak to tonight and first off let me start out and just support my honourable col league, the Junior Mini ster of Tourism. He took a bit of negative feedback from Members on the other side which I think is highly unwarranted at this stage and I applaud the Honourable Junior Mi nister for coming to the House tonight and getting full answer s to those questions that Honourable Members on the other side had posed to him. Mr. Speaker, I bring this up because the question and answer period in this House and other places that have a similar system as we do, I think is one of the most important and interesting times of the session. However, I think Honourable Members need to appreciate and understand that if you have oral a nswers to questions, your supplementary questions can get answers in three general ways (my view on it). One, you can have a full specific answer to it; two, you can give an answer but you might miss out some of the information because you will have to research it and come back with a full answer; or, three, you can say I will report back at a later date in this House or report to Members afterwards because you want to make sure you are entirely accurate with information. I want to mention this because I thought the Honourable Junior Minister did a good job at not speculating on answers and then coming back with information. Mr. Speaker, I would hope that co lleagues in this House would respect that. I think the Government has done a good job of coming back, providing answers to supplementary questions after the fact to allow the Opposition to get the information that they request ed and we will continue to do that. So kudos to the Junior Minister for coming back with the answers about the BTA.
REFERENDUM ON SAME -SEX MARRIAGE
Hon. Michael H. Dunkley: Now, in regard to the referendum, Mr. Speaker . I find it quite interesting that Members on the other side, some of them spoke with such voracity tonight. And I thought in my humble opinion they were way off base. Why do I say that? Because we had a debate in this Honourable House about that referendum Bill and at that time that Bill passed with flying colours. Members on the other side say that they did not support it. Well, I did not hear them get up and vote against it. The most interesting thing about it, Mr. Speaker, is a Member on the other side even tabled a similar Bill for refer endum. So for the Opposition to say that this has been an exercise that has to be called into question (my words again), I disagree wholeheartedly because you cannot sit on both sides of the fence because when you try to do that too often you straddle the fence and it hurts. In this case with the Opposition, they tabled a referendum Bill, they supported that Bill, and now you cannot come back and question direction. I think the referendum yesterday has been an experience that has been very ben eficial for th e people of Bermuda in many different ways. I do not think there are people on either side of the equation that are entirely comfortable with the way it went because the issue is still there. I apprec iate that. This i ssue has challenged communities once they have looked at it and taken it seriously for months if not years and in spite of some of the best effort of leaders in those comm unities, they have not managed to find a way to move forward on it in the time that they would expect to do it. So I find i t very hollow for certain Members on that side to come out now and try to paint it in a different approach. Now the Honourable Member from constit uency 17 has always been very clear in his position, and I applaud him on that. We need more people to speak like that. But, Mr. Speaker, we have Members now and previously in the legislature who have said what their beliefs are, or where they conduct their lif estyle, who clearly would not stand up and support this issue. I find that strange. I find it very strange that 2284 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly people who have a lifestyle that we are discussing at this time do not have the fortitude to stand up and fight for what they live. You need to question that.
POINT OF ORDER [Imputing improper motive ]
Mr. Walter H. RobanPoint of order, Mr. Speaker. I think the Premier is [imputing] questionable improper motive here. Hon. Michael H. Dunkley: No, no! [Inaudible interjections]
Mr. Walter H. RobanBecause that could be said about Members on this side as well. That could be said about Members on this side as well. Mr. Speaker, I think it is i mproper for him to [impute] that about Members on this side.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member.
Mr. Walter H. RobanNot everybody on his side said anything, Mr. Speaker, about where th ey stand.
The SpeakerThe SpeakerThank you, Honourable Member! Hon. Michael H. Dunkley: Mr. Speaker, I was very clear. I said former Members of the legislature, and I did not say which side. I made it very clear, Mr. Speaker, yet . . . and do you know why I said i t like that? …
Thank you, Honourable Member!
Hon. Michael H. Dunkley: Mr. Speaker, I was very clear. I said former Members of the legislature, and I did not say which side. I made it very clear, Mr. Speaker, yet . . . and do you know why I said i t like that? Because I did not want anybody to get defensive about it. And do you know what, Mr. Speaker ? I respect the way people want to conduct their life. I conduct my life in a different way than everyone in this House and I do not expect people to co nduct their life like I conduct mine. But I respect other people’s lif estyles and the way they deem to be appropriate to go about because I respect human rights. So I find it very strange that now you hear cat calls from the other side about this referendum and calls for me to resign. Absolute nonsense, Mr. Speaker . Absolute nonsense, Mr. Speaker . Although I have heard some very good comments from Members on both sides of the House, I have heard hollow 20 minute speeches from too many Members on the other s ide of the House who have now packed up their bags and left. They look for answers, they ask questions for answers and when we on this side stand up and provide them, they have gone home. They have had their supper and they have gone home. Now, Mr. Speak er, is that how serious we take this Honourable Chamber here? I heard my honourable colleague, MP Sousa, from constituency 28 say, you know, we are going to walk the walk and talk the talk. And that is true. So when we want to talk about these serious iss ues, come clean. Tell me about it. Tell me what is on your mind, how you would do it different, but do not be a hollow vacuum about what you want to do, have your supper and then go home. I am not going to take it, Mr. Speaker . I think the process that we went through was conducted in a good manner by the Parliamentary Registrar, and I would like to thank her and the staff for what they have done. Yes, I would like to see more people come out and get involved and there are probably many reasons why they di d not and I do not want to speculate on those tonight. Mr. Speaker, I was disappointed like some Members in this Honourable Chamber recalled. I was disappointed that there has been at times a lack of respect, tolerance and understanding from different views. I have said it many, many times on the floor of this Honourable Chamber and I will continue to say it, that we need to learn more r espect, tolerance and understanding because our views are exactly that — they are our views. If we want them to be carried further in our community, we have to try to convince people in the right way that what we are saying is true and not try to attack them. The Honourable Acting Leader of the Oppos ition talked about social media and that he was not on it a lot and I wanted to focus on that a bit because, yes, I stay i nvolved with social media because I want people to be able to reach out to me. I will say som ething right here, when I saw on social media that on my site people posted hat eful and personal, derog atory stuff, I delete it. I do not have any time for that. I do not have any time for that because that takes you away from the subject that is being de bated and di scussed which is important and it just gets personal, hateful and builds bridges that we have a hard time fixing and repairing. Is that what we need in Bermuda? I applaud the Opposition. I have to be careful; I get carried away here too much. But I want to applaud the Opposition for their statement they put out this morning about let us move forward in unity, let us try to show some tolerance, respect and understanding. We are willing to do that on this side if it is a genuine intent and interest to do that. So, Mr. Speaker, I think we have been very clear throughout this period that it is a very emotive and divisive issue in the community. We are trying to conduct our selves in a way that we can move forward without dividing the community more than it will be during these very difficult issues. Yes, I was cha llenged this morning on getting enough information t o the community on two very important issues. So I made the decision that first thing this morning —and I was up early like I am every day —I would make sure that I got a statement out about the referendum in Bermuda and I would speak to the radio station who I knew would be up early and I delivered it that way. Then right after that we worked on the statement for the Brexit situation and I am comfortable with the apBermuda House of Assembly proach on both of those issues and I stand by the decision to make that. I thank the team who worked with me to allow that to happen under very difficult circumstances.
EU REFEREDUM —UK WITHDRAWAL FROM THE EUROPEAN UNION
Hon. Michael H. Dunkley: Now let me turn to the other matter, the Brexit situation. I find it very interes ting that the Acting Leader of the Opposition said in two sentences, one after the other, so the Premier gave a statement to the House today, but did not say much about what we might do about Brexit . I said, Okay, that is his opinion. I will respect that. I do not agree with t hat. I thought the statement was pretty comprehensive. And then in the next breath, the Ho nourable Member said, Well, no one knows what we are g oing to do at this point . Well, if you are going to come with an argument try to stick on one wicket and do not change your wicket. POINT OF ORDER [Misleading]
Mr. Walter H. RobanPoint of order, Mr. Speaker . The Honourable Member is misleading the House. I also said it was important to have a plan. That is why I said it was cr ucial, giving the Premier the benef it of the doubt —
The SpeakerThe SpeakerThank you, Honourable Member, thank you. Hon. Michael H. Dunkley: The Honourable Member might have said it is important to have a plan. But he also did say (and he can correct me if I am wrong) that I did not say much about what we are going to do. …
Thank you, Honourable Member, thank you. Hon. Michael H. Dunkley: The Honourable Member might have said it is important to have a plan. But he also did say (and he can correct me if I am wrong) that I did not say much about what we are going to do. And in the next breath he said, Well, no one knows what we are going to do. Those were two statements that the Honourable Member said. So it was li ke a dog chasing its tail, you know, he was just going around and around in circles trying to get something that stuck. The reason why I came with that statement, because we put a lot of thought into it because we knew people would analyse every single word in it, because I do not know if Honourable Members had actually looked into it much to see really what takes place, what will take place over the next two years of this exit. Do Honourable Mem bers—any Member in this Chamber —know the options that the UK can do? So I did not think it was appropriate for me to stand up here and say here are the options and where are we going to go from there because even the UK has not decided on those options, Mr. Speaker .
[Inaudible interjections]
[Gavel]
Hon. Micha el H. Dunkley: Now, you know, there is some talk going back and forth and obviously we need to have a comprehensive plan and we will have a comprehensive plan going forward, but that plan is going to have to be somewhat flexible depending on the options th at the UK take with the five basic models that have been put out there as options that the UK can follow. They have names of countries such as the Norway model, the Swiss model, the Turkey model, the World Trade Organisation model, and the UK can negotiate a special deal. All of those have different implications based on the options in the model. So if the UK really has not decided where to go . . . and you know, Mr. Speaker, I am pretty sure . . . and this is not being derogatory against the UK in any way , but I am pretty sure that they have not put much thought into “what if” because they were wor king so hard on both sides of the campaign to make sure that they knew the “what if.” And the “what if” was not on the Honourable Prime Minister’s side that it would stay in Brexit, and on the other side that they were going to exit. So these options will have pr ofound implications on Bermuda and I am comfortable with the relationships that we have built and the focus that we are going to give on it that we will f ind the best solutions to protect the people of Bermuda and foster our best interests going forward. As I committed to this morning, Mr. Speaker, we will stay in full and open transparent communic ation with Honourable Members in this House and in the com munity and we are certainly happy at all times, Mr. Speaker, to hear feedback from Honourable Members on the other side if they have some good solutions as we move forward. I say that with all meaning and proper intent. Let us not just get up here and be c ritical of what we have done. Opine on it and get involved in what we have to do because it impacts all of us. This process will take a couple of years in spite of what we might hear from across the ocean on how members of the EU want to make it happen quickly. The process says that they have this time to get it done and look at the notifications that have to take place by Britain just to go through this process. The different organisations they have to notify and trading partners. It is a significantly complex and in - depth issue that they have to deal with. So we will work on it deciduously and I will continue to report and I look for Honourable Members on that side to provide any support that they believe that they can provide on this issue.
2286 24 June 2016 Official Hansard Report
Bermuda H ouse of Assembly GUN VIOLENCE AND CRIME IN BLACK COMM UNITY
Hon. Michael H. Dunkley: Now, Mr. Speaker, the subject of crime and safety has come up and I want to thank the Honourable Member from constituency 16 for talking about the 29 murders over the past seven years. I think all of this in this Honourable House are deeply concerned about that real deep challenge to our community. I think the people of Bermuda need to clearly know and understand that we are devoting significant attention to deal with it in a couple of ways and before I get to that way, I just want to add on also that I find it very saddening and concerning that while we have had 29 young men taken from us, too many dissectors of the community who do not even show much concern other than right around when the inc ident h appens and we move on to something else in life. That is not healthy for our community. If you put that in parallel with the tragedy we have had on our roads in the same period, we have had three times as many people die on our roads. Those are two i ssues that we need to arrest for the health of our community going forward. I listened i ntently to Honourable Members in this House asking questions and seeking answers. I am cool with the asking questions part and let me help get some answers to it, in general , in the bit of time that I have left. Mr. Speaker, you recognised the Minister who is here tonight. I understand that he was at a comm unity function in this regard working on that issue. I un-derstand that the Honourable Minister has met with the shadow spokesperson on that side very recently to talk about the approach that the Government is tak-ing in conjunction with the police and the community members because in the broad brush of it, there is a two-pronged tactic to try to move us in a better direction and to try to stem the violence, stem the shooting, and snuff it out. The first thing is that we have to support the police. I think Honourable Members in the House have talked about the work that the police have done. I hear it. I heard a comment from so me Honourable Members, Well, you never really hear about arrests being made . But that is not the case. It is very sensational, very disturbing. It is media attention when something like this happens but very little attention gets to these dastardly situati ons down the road when the police make progress on it. So the police do make a lot of progress on it. I am going to digress a bit because we heard a lot of talk about the investigation into Dr. Brown and I am not going to get involved in that investigation or any inve stigation at any time. So if Honourable Members on that side expect me to answer a question about investigations, they will not hear it because the next question is, Why is the Premier getting involved? It is not going to happen. The police do their job. Pol iticians should stay out of the way of police investiga-tions. So while it is all well and good for Honourable Members on that side to defend the former Premier, I think they need to tread very carefully about investigations of the police. We should not get involved. I mention that just to circle back here for a second because at least three Honourable Members on that side came to the defence of the former Pr emier and that is fine. But why are Honourable Members not standing up in here and as king questions every week on young men who are murdered in Ber-muda and what is the status of the investigations? I do not know, Mr. Speaker, I would guess that that is not good political fodder. But we need to change that. We need to be concerned about the situation other than when the violence rocks our community as it did last week and at Heroes Weekend. We need to support the police at all times and investigations are only suc-cessful if the police have the tools and the community has eyes and ears that help those tools do what they have to do. That is why we have used the tagline, If you know something, say something . If you see som ething, say something. But too often people do not. Why? They do not want to get the dog in a fight. Fear. Lack of confidenc e in coming forward and saying something. We need to stop. We need to stop that because it knocks on almost every door in our com-munity and if we do not stand up when it is knocking on our door, who do we expect to stand with us? We are all in this together. The community is too small to turn a blind eye to these situations. It is too small for us to cower because we are afraid of intimidation or a threat. Too small. There are people who can help you turn that fear into courage to come forward. It is about our fam ilies. It is about your young men. It is about our future. The Honour able Member from constituency 16 talked about the children that did not have a father. If we want those children to have a better life, then we need to get something in our heart, get some courage, have us move forward. And that is what we are trying to help within the Ministry of National Security under the able leadership of Minister Baron. We are working with Team Street Safe. We are working with the Inter -Agency Gang Task Forc e to get community involvement through the Family Ce ntre, all these helping organisations. But we will only do it with more people involved, Mr. Speaker , and it can include members from that side—
[Timer beeps ]
Hon. Michael H. Dunkley: —hitting the street . So with that, Mr. Speaker, let us work together and we will solve the problems together. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Premier. B ermuda House of Assembly Honourable Members, the House is adjourned to Friday, July the 1st. [ Gavel] [At 9:07 pm, the House stood adjourned until 10:00 am, Friday, 1 July 2016.]