The SpeakerThe SpeakerHonourable Members, before we start the session this morning, I would like to ask Members to pause in their remembrance of another former Member, who has just recently passed, former Mem-ber Colin Benbow, who served as MP for Devonshire South from 1976 to 1980. I ask that we pause for …
Honourable Members, before we start the session this morning, I would like to ask Members to pause in their remembrance of another former Member, who has just recently passed, former Mem-ber Colin Benbow, who served as MP for Devonshire South from 1976 to 1980. I ask that we pause for a minute of silence. [The House rose to observe a minute of silence]
The SpeakerThe SpeakerThank you, Honourable Members. [ Gavel] CONFIRMATION OF MINUTES 20 and 27 May 2016
The SpeakerThe SpeakerHonourable Members will have r eceived the Minutes for the 20th and the 27th of May, and if there no objections, the Minutes will be con-firmed. Since there are no objections, the Minutes are confirmed. [Mot ion carried: Minutes of 20 and 27 May 2016 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES The Speaker: Yes. Honourable Members, first , the Honourable Member from constituency 17 is absent today, away on business. Also, Honourable Members, the Honourable Premier has advised that he will be returning just be-fore noon. He is away on …
There are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES The Speaker: Yes. Honourable Members, first , the Honourable Member from constituency 17 is absent today, away on business. Also, Honourable Members, the Honourable Premier has advised that he will be returning just be-fore noon. He is away on business in New York. The Premier has a Statement, and also there are ques-tions on the Order Paper for the Premier, which, once he returns, we will [have] the opportunity and allow him to answer questions on his Statement. So, Members, what we would like to do is get Members to agree to allow this to happen once the Premier is back to give his Statement, and that ques-tions that are on the paper today, as well, he will a nswer. Any objections to that?
The SpeakerThe SpeakerI would also like to let Members know that the Senate, because of the fact that the Senate, the Cabinet Office is closing— The Clerk: Excuse me, Mr. Speaker.
The SpeakerThe SpeakerYes. The Clerk: That will be made in the announcement in the House and Grounds Report. [ Crosstalk]
The SpeakerThe SpeakerOh, I know. I know it is going to be made in the announcements, [ Madam Clerk ]. Thank you. There will be an announcement made later, but I want to ask Members if they would please, when they leave today, that their desks be kept neater than usual so …
Oh, I know. I know it is going to be made in the announcements, [ Madam Clerk ]. Thank you. There will be an announcement made later, but I want to ask Members if they would please, when they leave today, that their desks be kept neater than usual so that when the Senate meet s on Wednesday, it will be in good order for them. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are no messages from the Senate. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE 1924 3 June 2016 Official Hansard Report Bermuda House of Assembly The Speaker: The Chair will first recognise the Mini ster for Health and Seniors, Minister Atherden. Hon. Jeanne J. Atherden: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. BERMUDA HOSPITALS BOARD (MEDICAL AND DENTAL CHARGES) AMENDMENT ORDER 2016 Hon. Jeanne J. Atherden: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Hosp itals Board (Medical and Dental Charges) Amendment Order 2016.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. I think you have two more? Would you carry on, please? DENTAL TECHNICIANS AMENDMENT REGUL ATIONS 2016 Hon. Jeanne J. Atherden: Yes, Mr. Speaker. Mr. Speaker, I have the honour to attac h and submit for the information of the Honourable House of Assembly …
The SpeakerThe SpeakerThank you, Honourable Member. DENTAL HYGIENISTS AMENDMENT REGUL ATIONS 2016 Hon. Jeanne J. Atherden: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Dental Hygienist s Amendment Regulations 2016.
The SpeakerThe SpeakerThank you very much, Honourable Member. The Chair will now recognise the Learned Member, the Honourable Attorney General . Attorney General Trevor Moniz, you have the floor. MAINTENANCE ORDERS (RECIPROCAL E NFORCEMENT) (DESIGNATION) AMENDMENT O RDER 2016 Hon. Trevor G. Moniz: Thank you . Thank you, Mr. Speaker. I have …
Thank you very much, Honourable Member. The Chair will now recognise the Learned Member, the Honourable Attorney General . Attorney General Trevor Moniz, you have the floor.
MAINTENANCE ORDERS (RECIPROCAL E NFORCEMENT) (DESIGNATION) AMENDMENT O RDER 2016
Hon. Trevor G. Moniz: Thank you . Thank you, Mr. Speaker. I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Maintenance Order s (Reciprocal Enforcement ) (Designation) Amendment Order 2016.
The SpeakerThe SpeakerAll right. Thank you, Attorney General . PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AN D JUNIOR MINISTERS
The SpeakerThe SpeakerAs I mentioned earlier, the Premier will give his Statement once he returns. So we will go first to the Minister for Health and Seniors, Minister Atherden. REGULATION OF REST HOMES AND NURSING HOMES Hon. Jeanne J. Atherde n: Mr. Speaker and Honourable Members, I stand before this Honourable House …
As I mentioned earlier, the Premier will give his Statement once he returns. So we will go first to the Minister for Health and Seniors, Minister Atherden.
REGULATION OF REST HOMES AND NURSING HOMES
Hon. Jeanne J. Atherde n: Mr. Speaker and Honourable Members, I stand before this Honourable House to provide an update on the regulation of rest homes and nursing homes . This is an essential component of our long- term care system, about which the comm unity has expressed concern and the Ministry has been working to improve. I thought it important that this Honourable House and our listening audience are i nformed of the work being done by the Ministry and the progress made so far. Mr. Speaker , we are living longer , but not healthier , lives, and our health declines as we age. In the 2011 Health Survey, 29 per cent of seniors r eported having a disabling condition that limited their daily activities. Accordingly, as the senior population grows , so will the number of people requiring long - term care services. Changing family structures , as well as the emotional and financial strai n of caregi ving, in part, leads to an ongoing demand for care homes. As a result, rest homes and nursing homes remain a central component of our long- term care sy stem. Through the Well Bermuda strategy and the Bermuda Health s trategy, the Ministry is work ing to address these challenges, in part through the prom otion of healthy ageing and ageing at home as a means to reduce the demand on facility -based care. Ho wever, care homes will always play a role in our longterm care system , and it is essential that t hey provide quality care in a dignified and respectful manner to all residents. Mr. Speaker, currently there are 22 care homes in the community , with approximately 400 beds in total. Two homes opened in the last year. Care homes provide a range of medical and personal care services to their residents , from minimal personal care in a rest home to full 24- hour nursing care in some nursing homes. The existing legislation requires all care homes to be registered with the Chief Medical Officer and adhere to th e standards set out in
Bermuda House of Assembly the Regulations. The Regulations currently provide minimum standards in areas such as the following : • staffing requirements ; • nutrition ; • physical environment ; • health and safety ; and • record- keeping.
Mr. Speaker , since the early 2000s up to t oday, there has been inconsistency in the oversight of these facilities, their registration process , and adherence to Regulations. Changing regulatory responsibil ities and management are in part to blame, as are li mited resources. Mr. Speaker , as par t of the Bermuda Health strategy , my Ministry has prioritis ed improving the oversight of care homes and their standards of care. Ageing and Disability Services, with the Elder Care Team, is responsible for coordinating the regi stration, compl iance monitor ing, and complaints - handling process for care homes. The Elder Care Team is a multi -disciplinary group of professionals including the Ageing and Disabilities Seniors Coordinator and the Accessibility Officer , and represent atives from the Department of Heal th including: • Community Nursing; • Occupational and Physiotherapy; • Environmental Health; and • Occupational Health and Safety.
Mr. Speaker , Ageing and Disability Services has been developing the policy and procedures for a consistent registration and effecti ve monitoring process. As of March 2016, each care home has been routinely inspected by members of the Elder Care Team at least twice. Homes that are not satisfactorily meeting regulations [require] additional follow -up inspections. Inspections also take place as a result of Ageing and Disability Services receiving a complaint r egarding a care home. All complaints are reviewed by the Senior s’ Coordinator and investigated by the C oordinator or referred directly to another Elder Care Team member. Over the p ast year, we have had inspectors visit homes in the morning to see what daily activities are being pr ovided and during lunch and dinner time to assess food quality . We even have had inspectors going out at 11:00 at night to verify night staffing levels. Sc heduled and unplanned inspections are essential to ensure that homes are continually meeting standards. The inspections not only inform a dministrators of required actions to meet the regulatory standards, but also reveal when training is required. When possible, the Elder Care Team will organis e an in- service training for the home, and the a dministrator will be directed to other training resources. In addition, Ageing and Disability Services now holds monthly meet-ings with the care home administrators to provide education and to improve their understanding and awareness of best practices in relation to the registr ation standards. This level of monitoring and support is essential to help improve the quality of care in the homes, as evidenced by the 2015 and 2016 re- registration results, but it is hard to maintain with current staffing levels. The 2015 registration period was the first year a report card was created for each home to indicate how well they met the registration requirements. The report card all ocates a status ranking based on the percentage of minimum standards met. Each standard can be assessed as either being satisfactory , needs improvement , or unsatisfactory . If a home receives needs improvement or unsatisfactory for a regulated standard, their total score decreases. The Ministry publishes the general results of the report card on our website. Mr. Speaker , the 2015 registration process resulted in seven homes being registered and eleven homes receiving conditional registration status . Two homes were not registered . After a year of the afor ementioned inspections and support, the 2016 r eregistration period resulted in 17 homes that are regi stered; 4 homes have received conditional registration; and 1 home is not registered. I must stress, Mr. Speaker , there are many care homes within our community that exceed the minimum standards. These homes are active in their own development and ongoing improvement. They must be commended for their efforts. We intend to update and develop the report card ov er time to help indicate areas of excellence, as well as the most r ecent scores of each home. Mr. Speaker , as you have heard, we are wor king hard with existing resources to ensure there is a ppropriate oversight to ensure compliance with the ex-isting standards. However , these standards also r equire improvement. The current r egulations for care homes are the basics to ensure a safe and hospitable care home. However, residents require more than the basics; they deserve quality care. What defines “ quality ” changes over time, and our long- term care system and regulatory structure must adapt and reflect these changes. Furthermore , the Ministry is keenly aware of the limitations of exis ting enforcement options within the legislation. Accor dingly, the Ministry is actively working on updating the Act and Regulations. This includes : • introducing and updating r egulations and r equired supporting standards in accordance with international best practice in our local context; • strengthening the functions and enforcement capabilities of the regulatory body to enable more effective and efficient oversight; and 1926 3 June 2016 Official Hansard Report
Bermuda House of Assembly • developing standards for unregulated longterm care services including day care and inhome care services.
Updating this legislation is part of the 2015 Throne Speech commitment to improve the protection of our s eniors. The Ministry is also working to improve the adult protection system overall and is building on work done by the Seniors Advisory Council’s Seniors Law Reform Committee. I would like to take this m oment t o acknowledge the work submitted by the Law Reform Committee and to thank them for their contr ibution. These projects are in the early stages , and the Ministry will update the public at the earliest opport unity. Mr. Speaker , updated regulations are essential to setting the standard for care, monitoring, and education by the regulatory authority is a key way to ensure compliance. However, as stated before, Government resources are limited. We are working hard to make efficient and effective use of our exist ing resources; however , the community’s role in oversight and improvement is vital. We encourage all those listening to help be the eyes and ears for quality care. Report issues of concern to the administrators of the home and to Ageing and Disability Ser vices, and engage with care homes to bring necessary energy and resources to enrich the lives of residents. Furthermore, we would like to acknowledge other collaborative projects occurring within the community. The Bermuda National Standards Committee, in conjunction with Age Concern, is developing a pilot accreditation program for seniors’ servi ces. Accredit ation is a recognis ed means to improve the quality of care provision for services. The Ministry has representatives on the working group reviewing the standards for this project. Finally , Mr. Speaker , although improving the quality of our rest and nursing homes is essential for current and future residents, there are other substantial issues of our long- term care system that must be addressed in order to achieve affordable and sustai nable health care for all of our residents. First, the financing of long- term care is a crit ical issue for individuals and families in our community , and for our health care system as a whole. Long- term care is costly , and we need to ensure that there are intentiona l funding models that recognis e access and affordability. Second, as a small community , we must ensure that we are strategic in the prioriti sation and development of the type of care homes, services , and workforce required, based on existing and projected population care needs. Mr. Speaker , I want you, my honourable colleagues , and the listening audience to be aware that the Ministry is working towards addressing these challenges. The FutureCare and HIP Personal H ome Care Benefit has been a key step in the development of the long- term care system. This b enefit enables payment for both professional and family caregiv ers to support people with long- term care needs in their own homes. This is an essential step in impr oving the accessibility of long- term care and reducing the demand for residential care facilities. Through this initiative, the Ministry has been working collaboratively across d epartments and with other ministries to address standards in care by pr ovider s working in private homes. Ageing and Disability Services has started vetting personal caregivers, an unregulated group of providers, who are paid by go vernment benefits or voluntarily choose to register. In addition, the Bermuda Nursing Council is in the process of updating their scope and introducing standards of practice for n ursing associates , who are a central part of the long- term care team. Second, as a small community , we must ensure that we are strategic in the prioritis ation and d evelopment of t he type of care homes, services , and workforce required, based on existing and projected population care needs. Mr. Speaker , I want you, my honourable colleagues and the listening audience to be aware that the Ministry is working with the Bermuda Hospitals Board towards addressing these cha llenges. In fact, it is one of the key action items in the Bermuda Health Action Plan. Overall, Mr. Speaker , although I am pleased with the progress to date in improving standards within care homes, there is still much w ork to be done in this area , and with the long- term care system as a whole. We as a Ministry are committed to this work and look forward to working with our community par tners to achieve these goals for Bermuda. Thank you Mr. Speaker .
The SpeakerThe SpeakerAll right. Thank you very much, Mini ster. We now go to the Honourable Dr. E .G. Gi bbons, the Minister for Economic Development. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and good morning.
The SpeakerThe SpeakerGood morning. CYBERSECUR ITY, A NATIONAL PRIORITY Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I rise this morning to talk about the issue of cyber security and Government’s efforts, along with the private sector, to address this issue on a number of levels. Ho nourable Members are undoubtedly aware …
Good morning.
CYBERSECUR ITY, A NATIONAL PRIORITY Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I rise this morning to talk about the issue of cyber security and Government’s efforts, along with the private sector, to address this issue on a number of levels. Ho nourable Members are undoubtedly aware of the i mportance of cybersecurity and the potential human, economic, and reputational risks that cyber attacks present to Bermuda both as a community and a s ophisticated business jurisdiction.
Bermuda House of Assembly Mr. Speaker, individuals, businesses, and other organisations consider the security of their data and the integrity of their ICT (information, communic ations, and technology) systems to be of critical impor-tance. In some cases, businesses and individuals must rely on service providers to have sufficient pr otective measures in place to prevent a non- authorised third party from stealing or gaining access to their data and records. Worldwide, we increasingly hear reports of malicious hacking and data breaches and of their r esulting economic, human, and reputational cost to businesses, organisations, and governments. There have been attacks on power grids, hospitals, the military, government agencies, and security -related services. Information leaks and cyberattacks present significant risks to the stability of operations, to the security of intellectual property, and to personal information. President Obama called it (an d I quote) “the great irony of our Information Age —the very technol ogies that empower us to create and to build also empower those who would disrupt and destroy.” Cybersecurity is therefore a concern that needs to be addressed at the highest levels of any organisation. Mr. Speaker, the Bermuda Government also has a responsibility to ensure that those entities r esponsible for critical national infrastructure understand the potential risks and are adequately prepared to pr otect against, and potentially recover from, a cybers ecurity event. Critical national infrastructure includes entities which, if lost or significantly crippled, would have a major impact on Bermuda and our well -being. Examples would include the hospital, the airport, and BELCO’s national gr id, to name but a few. We know, anecdotally, that many organisations and businesses in Bermuda have already taken steps to improve their cybersecurity in order to protect themselves and their clients against breaches and potential economic loss. Banks, ins urers, and other financial institutions would be examples of entities that are reasonably advanced in this area. However, our information on the scope and degree of preparedness is incomplete when it comes to our critical national infrastructure. In order to understand how well prepared, or not, Bermuda’s critical national infrastructure is against cybersecurity risks, it is necessary to survey the state of our current cybersecurity maturity and preparedness. Mr. Speaker, last Friday morning I met with leaders from both the public and private sectors who have responsibility for organisations that could be considered critical national infrastructure, to help launch such a survey. The meeting was organised by the E -Commerce Advisory Board’s Cybersecurity SubCommittee and the Department of E -Commerce. As Honourable Members will be aware, the E - Commerce Advisory Board, or ECAB as it is fr e-quently called, has a mandate to provide strategic i nsight and recommendations to the Minister of Ec onomic Development, including the protection of Bermuda’s information, communications, and technology infrastructure (or ICT). ECAB is composed of well - established ICT and security professionals in the pr ivate and public sectors, and many of them were in attendance last Friday morning. The ECAB’s SubCommittee on Cybersecurity, chaired by Mr. Ronnie Viera, has been hard at work studying Bermuda’s c ybersecurity landscape and identifying its critical national infrastructure. The sub- committee’s next step, which was unveiled last week on Friday, is to gather information from those entities having been identified as part of this critical group, in order to understand their readiness in terms of cybersecurity. Those who attended the meeting have committed to working with the ECAB Cyb ersecurity Sub- Committee and the Depar tment of E -Commerce to determine the level to which the Island’s information security apparatus as a whole is mature and prepared to face cybersecurity risk. The work is being performed, using tools that are in line with industry standards in the US, the UK, and Ca nada. Mr. Speaker, I wish to assure Honourable Members that Government is also actively working on the cybersecurity status of its own ICT assets. Whether virtual or physical, these assets are extremely impor tant to the effective operation of the Bermuda Government’s ministries, departments, and quangos. About a year ago, the Premier formally established a Cabinet Cybersecurity Committee under the chairmanship of the Minister of Economic Develo pment. The purpose of the committee was to better understand, address and, where possible, mitigate cybersecurity risks to the Bermuda Government and its ICT infrastructure. The formation of this Cabinet Committee did two things: First, it sent a message at a very senior level that this was a Government priority and it was going to have direct Cabinet -level oversight; and second, it provided support to those in Government who were already working to address these issues. Mr. Speaker, the Cabinet Cybersecurity Committee has been meeting for the last year and, in addition to the Chairman, includes Minister Wayne Scott; Mr. Mike Oatley, Director of the Information Technology Office, or ITO; Permanent Secretary of Economic Development, Mr. Bill Francis; with support from Dr. Marisa Stones and the E -Commerce D epartment. During this time, the NIST Cybersecurity framework —that stands for the National Institute of Standards and Technology —has been adopted to assess our preparedness and direct our mitigation efforts. The NIST cyb ersecurity framework was developed at President Obama’s request to address US 1928 3 June 2016 Official Hansard Report
Bermuda House of Assembly cyber concerns and preparedness for US organis ations. The framework is based on the core functions of identify, protect, detect, respond , and recover . In other words, under the N IST cybersecurity framework, an organisation needs to have cybersecurity procedures in place to: 1. identify critical intellectual property and assets; 2. develop and implement procedures to protect them ; 3. have resources in place to timely identify a cyber breach, and 4. have procedures in place to respond and r ecover from a breach if and when one occurs .
Mr. Speaker, the Government is making good progress, having conducted a preliminary risk as-sessment, which has been mapped to a program of cybersecurity -related activities. This linkage ensures that all cybersecurity projects receive the support and oversight from the highest level of Government. The Cabinet Cybersecurity Committee updates Cabinet regularly on the progress accomplished. Mr. Speaker, acknowledging the multitude of cybersecurity risks and preparing to face them is a national priority. The private and public sectors, t ogether, have committed to collaborate for the benefit of the Island’s economic and reputational security. I wish to thank last Friday’ s participants for making the commitment to address this national effort, and the ECAB Cybersecurity Sub- Committee for their important work to date. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Chair will now recognise the Hon ourable Minister for the Environment. Minister Cole Simons, you have the floor. FORTHCOMING AMENDMENT TO THE DOGS ACT Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, dogs are very much a part of our lives …
All right. Thank you, Minister. The Chair will now recognise the Hon ourable Minister for the Environment. Minister Cole Simons, you have the floor.
FORTHCOMING AMENDMENT TO THE DOGS ACT Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, dogs are very much a part of our lives in Bermuda by providing companionsh ip. They provide security, sport, competition, and opportunities for our youth to be responsible and to learn how to care for another living being and to have empathy. Mr. Speaker, the large majority of our dogs are in loving homes, and animals provide no threat to the security of our neighbours. But there are facets of dog ownership that continue to plague our comm unity—and I speak of irresponsible dog owners and the use of dogs in criminal enterprises and cruelty in its various forms. This type of behavi our has led to the implementation of breed- specific policies in which dogs of certain breeds were not allowed to be i mported or bred in Bermuda. This was an attempt to head off problems before they occurred. Although there have been modifications over the years, this policy, by and large, remains intact. Whether one supports or opposes breedspecific legislation or policies, it is undeniable that Bermuda has experienced a far lesser rate of dog attacks, dog collections, and subsequent euthanisation than before the policies were enacted. Fortunately, Mr. Speaker, gone are the days of pack dogs roaming in Bermuda that would attack other animals, especially mauling livestock. But it was those occurrences that led to the initial Dogs Act 1978 and the need to regulate dogs. Today many complaints reaching enforcement organisations arise out of a lack of simply being neighbourly and not having respect for the larger community beyond one’s own desires. Mr. Speaker, dog attacks are significantly fewer than when cont roversial policies were impl emented in 2003, but remain frequent enough to const itute a significant public health threat and a significant threat, or a preventable threat. Mr. Speaker, the Dogs Act 2008 was passed by this Honourable House to bring about better control to our canine friends, or perhaps the Act provides better control of the owners of those canine friends. This 2008 Act contains some very good ideas, like ticketing for more efficient and effective enforc ement, and the ability to put conditions on the keeping of individual dogs. Dogs may be treated more as an individual, rather than as a class or breed. Mr. Speaker, I pause here to acknowledge the work of the four canine advisory groups that have met to grapple with this complex issue of dogs and dog controls between the years 2010 and 2015. The latest of these groups were brought together by the Honourable Minister J eanne Atherden, and I thank her for her contribution. And I have had the opportunity to review the 2015 Canine Advisory Committee Report and its recommendations for changes to the 2008 Dogs Act. Mr. Speaker, in light of this, let me inform this House that we will be enacting the 2008 Dogs Act, and we will be quickly moving forward to remedy its shortcomings so as to put this Government in a pos ition to revisit the controversial breed- specific policy. Many volunteers have contributed countless hours to the production of the Canine [Advisory] Committee Report and the current revisions to the 1978 Dogs Act. So it is now time for the Government to act on these ideas and have the work of the Canine Advisory Committee bear fruit. Mr. Speaker, we must bridge the desire of those who wish to have a prohibited and restricted dog (and [to own] them responsibly), with the need of Government to maintain security in the community. Mr. Speaker, in closing, we know that the 2008 Dogs Act [was] not perfect, but [was] a ste p forward when compared to the 1978 Act. We will also be revisiting and re- examining the policy in respect of the current list of prohibited and restricted breeds as we move forward. Mr. Speaker, Bermuda—Bermuda, please note that the canine issues are on t his Mini stry’s agenda. And we look forward to announcing in
Bermuda House of Assembly this House other initiatives and amendments to the 2008 Dogs Act in short order. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Minister. And as I said earlier, the Premier’s Statement will come a little later. Carry on, Madam Clerk. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThe Chair will recognise the Deputy Speaker, from constituency 4.
The SpeakerThe SpeakerGood morning. HOUSE AND GROUNDS COMMITTEE
Mrs. Suzann Roberts -HolshouserMr. Speaker, the House and Grounds Committee have met several times since 2013 to discuss a variety of matters. In fact, I believe we have met over 14 times, and we have a standing date now at the end of each month. So it is consecutive. The committee has recognised …
Mr. Speaker, the House and Grounds Committee have met several times since 2013 to discuss a variety of matters. In fact, I believe we have met over 14 times, and we have a standing date now at the end of each month. So it is consecutive. The committee has recognised the need for short - and long- term strategic plans to be in place to address a number of issues, some of which stem from many years ago. Public Works is working on an ongoing maintenance work s chedule. Many of you are aware of the ongoing pro blems with the air conditioning units. Portable air cond itioning units have been temporarily installed. Serious consideration is being given to replacing the air cond itioning units on the roof. But due to health and safety reasons, a staircase, which I might add is of fine craftsmanship thanks to the tremendous efforts of Public Works carpenters, has now been installed in order to gain access to the air conditioning units on the roof. Public Works continues to give the House and Grounds Committee regular updates on the Sessions House maintenance schedule. Plans are in the works to replace all of the windows at Sessions House. There are also plans to restore the terra cotta around the building, and the Bermuda Historical Society and Public Works are liaising with companies that specia lise in restoration. In July 2011, a request was made for the electrical section of the Department of Works and Eng ineering to carry out an electrical audit to assess the present condition of the electrical infrastructure throughout the upper and lower floors of Sessions House. As a result, a fire alarm upgrade and electrical distribution upgrade, which we call phase 1 upgrade, was carried out between September 2012 and May 2013. A second upgrade is scheduled during this current fiscal year. The works to be carried out are as follows: • replace existing lighting system in the Chamber; • remove all non- conforming, outdated and unused electrical wires from above the ceiling of the House Chamber; • when necessary, replace all outdated switches and receptacles on the upper and lower floors, to name a few. Remote speakers to hear the proceedings have been installed in the Premier’s Office, the Deputy Clerk’s Office, administrative areas, and the office of the Sergeant -at-Arms. Mr. Speaker, Honourable Members will also be aware that our Parliament located at Sessions House is the oldest in the Commonwealth outside of the British Isles, and dates back to August the 1 st, 1620. Understandably , over the years, as with all older buildings, similar to the Cabinet Building, there have been recurring structural and maintenance cha llenges. These issues listed in the Public Works mai ntenance schedule are being addressed. Renovations will be taking place in the upper floor, and all the wi ndows will be replaced. The south eastern entrance has been cornered off for safety reasons, as repai rmen are working on restoring the ceiling and stairwell leading to the office of the Sergeant -at-Arms. It is expect ed that ongoing renovations will continue inside on the first floor of Sessions House throughout the year. As a result, the Office of the Speaker and the Clerk of the House and all other administrative officers will be relocated to the Swan Building on Vic toria Street, effective August the 1 st, 2016. However, the House of Assembly sessions will continue to meet in the Chamber on Fridays. Honourable Members, you will also be aware of the arrangements to relocate the upper House—the Senate— which was publicly announced last week by the Premier in his Statement relating to the relocation of Cabinet Office. Both the Chair of the House and Grounds Committee and the Speaker, together with the President of the Senate, independent Senators, and the Opposition Senate Leader met to discuss the relocation of the Senate. Participants agreed that the best solution is to temporarily relocate the Senate to the House Chamber. However, serious consideration has been given by this committee to moving the Senate to Courtroom 2, on the upper floor of the Sessions House. Plans have been drawn by the Architect Section of Public Works Headquarters to make this a reality. In February 2015, the House and Grounds Committee examined and discussed a security review led by the Bermuda P olice Special Branch, and we are seriously looking at all of the recommendations. Members agreed to the installation of CCTV cameras. 1930 3 June 2016 Official Hansard Report
Bermuda House of Assembly The committee agreed to procure the services of a smart security system at a cost of $20,222.69. A r obust alarm system and panic buttons have also been installed. The parking situation in the lower parking level adjacent to the building, which houses the D epartment of Workforce and Development, continues to worsen. In 2006, the then- House and Grounds Committee, in conjunction with Public Works, agreed that parking bays were designated for former Members of Parliament, Public Works vehicles, and the media. Public Works, together with the House and Grounds Committee, are aiming to resolve the matter. In response to several que ries from Members [about] accessing old government reports, the House has now embarked on the first phase of a scanning project. At this moment, the following documents and reports have been scanned, and they are located in the computer located in the Libr ary Committee Room. And they are the government reports from 1991 to 2012; various Auditor General reports; Ombudsman of Bermuda reports; and Bermuda Private Acts from 1990 to 2008. Mr. Speaker and Honourable Members, this ability to access electronic copi es of reports is the first step towards transitioning to a paperless env ironment. The report is submitted by myself and Members of the House and Grounds Committee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Just before we move on, I just want to take the opportunity to thank all those Members who sit on the House and Grounds Committee. It is an absolutely awesome responsibility right now, and I thank you for all of the time that you …
All right. Thank you, Honourable Member. Just before we move on, I just want to take the opportunity to thank all those Members who sit on the House and Grounds Committee. It is an absolutely awesome responsibility right now, and I thank you for all of the time that you spend to ensure that we make the appro priate progress in restoring and keeping this building safe. Thank you very much to all Members of the Committee.
Mrs. Suzann Roberts -HolshouserThank you. I did stop short. They are, of course, myself as Chair; the Honourable Zane J. S. De Silva; Mr. Jefferson Sousa; the Honourable Derrick V. Burgess; and the [Honourable] Kenneth L. Bascome. I send my gratitude. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, all Honourable Members. QUESTION PERIOD
The SpeakerThe SpeakerYes. Now, Honourable Members, as we move to question period, for smooth running we can actually wait until once the Premier gets here and he makes his Statement, then go into the questions. Or we can go into the questions and stop. It would be smoother, I believe, if we …
Yes. Now, Honourable Members, as we move to question period, for smooth running we can actually wait until once the Premier gets here and he makes his Statement, then go into the questions. Or we can go into the questions and stop. It would be smoother, I believe, if we did the questions when he came and just went straight to the . . . or we can do them now. All right. Well, it looks like some Members want them to be done now. So we will do it no w. And then when the Premier arrives, we will allow the Pr emier to give his Statement, and anyone who has ques tions for the Premier. All right. So we are in question period.
[Pause]
The SpeakerThe SpeakerAll right. The Honourable E. T. Ric hards was to provide wr itten responses to parliamentary questions from D. V. Burgess. The Ministry wrote to ask that they be given more time to answer the first question. They asked for an extension. Yes, MP Burgess? Hon. Derrick V. Burgess, Sr.: …
All right. The Honourable E. T. Ric hards was to provide wr itten responses to parliamentary questions from D. V. Burgess. The Ministry wrote to ask that they be given more time to answer the first question. They asked for an extension. Yes, MP Burgess?
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, even though I ha ve no choice but to accept, these questions were put in on May the 18 th. And here it is, today the 3rd [of June] and they [ask for] an extension. We have no problem with it. But this cannot continue like this.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Ho nourable Member, that will certainly be noted. The Honourable Premier was to provide wri tten responses to parliamentary questions from Mr. W. H. Roban. You should have received them, yes? [No audible reply]
The SpeakerThe SpeakerThe oral questions by the P remier will be answered once he is back here. And the Honourable Patricia Gordon- Pamplin was to provide written responses to questions from Mr. D. V. S. Rabain. I believe you should have r eceived those [responses]. Thank you. We now move to the …
The oral questions by the P remier will be answered once he is back here. And the Honourable Patricia Gordon- Pamplin was to provide written responses to questions from Mr. D. V. S. Rabain. I believe you should have r eceived those [responses]. Thank you. We now move to the Statement s, the Stat ements that we had today. The Chair will first recognise the Honourable Member from constituency 29. MP Zane De Silva has a question on the Health Minister’s Statement. Carry on, MP De Silva.
QUESTION 1: REGULATION OF REST HOMES AND NURSING HOM ES
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Minister, on the fourth page of your Stat ement, second- to-last paragraph, you mention that “As of March 2016, each care home has been routinely
Bermuda House of Assembly inspected by members of the Elder Care Team.” Can you tel l us how many members are actually on that team?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: I will verify but I know that there is at least . . . I will check to determine whether there are any additional. But if you look on the top of page 14, I said it is the Ageing and Disabilities Seniors Coordinator, the …
Minister. Hon. Jeanne J. Atherden: I will verify but I know that there is at least . . . I will check to determine whether there are any additional. But if you look on the top of page 14, I said it is the Ageing and Disabilities Seniors Coordinator, the Accessibility Officer, and then per-sons from Community Nursing, Occupational and Physiotherapy, Environmental Health and Occupational Health and Safety. So those persons, collectively, make the team.
The SpeakerThe SpeakerMP De Silva, you have a supplementary on that? Hon. Zane J. S. De Silva: Okay, Mr. Speaker. If the Minister could confirm that, that would be great.
The SpeakerThe SpeakerOkay. Hon. Zane J. S. De Silva: A supplementary?
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Zane J. S. De Silva: So, Minister, are you sa ying that those four people who have been listed whom you just called out are the ones who are actually doing the inspections of the homes?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Yes, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP De Silva. Hon. Zane J. S. De Silva: Okay. Thank you, Mr. Speaker. Second question.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: Oh, we have . . .
The SpeakerThe SpeakerDid you have a supplementary, MP Burgess? Hon. Derrick V. Burgess, Sr.: Not to what the . . .
The SpeakerThe SpeakerOkay. Then please have your second question. QUESTION 2: REGULATION OF REST HOMES AND NURSING HOMES Hon. Zane J. S. De Silva: Okay. Thank you, Mr. Speaker. On page 5, second paragraph, the Mi nister said that the Ageing and Disability Services are hol ding monthly meetings with the care …
Okay. Then please have your second question. QUESTION 2: REGULATION OF REST HOMES AND NURSING HOMES
Hon. Zane J. S. De Silva: Okay. Thank you, Mr. Speaker. On page 5, second paragraph, the Mi nister said that the Ageing and Disability Services are hol ding monthly meetings with the care home administr ators to provide education and improve understanding. Minister, how many monthly meetings have you had, and do all the homes attend?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, obviously, I am getting your information, and I am quickly chec king with my technical people so that they can respond to me. But I do know that they have been held monthly. And I will just look to see when m y …
Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, obviously, I am getting your information, and I am quickly chec king with my technical people so that they can respond to me. But I do know that they have been held monthly. And I will just look to see when m y response comes back. I do not hold the meeting. I am not the individual who attends the meeting; the elder team conducts it. But I will get the information, and I am sure I will have an e- mail response in a minute.
The SpeakerThe SpeakerThank you, Minister. MP De Silva, supplementary? SUPPLEMENTARIES Hon. Zane J. S. De Silva: Yes, Mr. Speaker, and if the Minister could also confirm how many of the home caregivers’ organisations attend those meetings. What is the attendance like? Third question, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: On page 10, third sentence, Minister, when you talk about “Long- term care is costly” it made me think about the hospital and the long-term care there. And we all know that at one point, there were many seniors w ho were actually …
Yes. Hon. Zane J. S. De Silva: On page 10, third sentence, Minister, when you talk about “Long- term care is costly” it made me think about the hospital and the long-term care there. And we all know that at one point, there were many seniors w ho were actually in the hospital, not in the long -term care unit. So my question to the Minister is, How many seniors are currently in the long- term care at the hospital?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Very good questions, Mr. Speaker, and I am looking for information to come back. I do know that, as the Honourable Member asked, there has been . . . once the CCU units went over into the hospital, obviously, they have been r educing the …
Minister.
Hon. Jeanne J. Atherden: Very good questions, Mr. Speaker, and I am looking for information to come back. I do know that, as the Honourable Member asked, there has been . . . once the CCU units went over into the hospital, obviously, they have been r educing the numbers all the time. So as soon as it comes back as a response, I will stand up and answer it.
The SpeakerThe SpeakerAll right. Thank you, Minister. 1932 3 June 2016 Official Hansard Report Bermuda House of Assembly You have a supplementary? Yes. Yes. Hon. Zane J. S. De Silva: A supplementary, Mr. Speaker. Minister, thank you for that. We will look forward to the information forthcoming. And can you may know …
All right. Thank you, Minister. 1932 3 June 2016 Official Hansard Report
Bermuda House of Assembly You have a supplementary? Yes. Yes.
Hon. Zane J. S. De Silva: A supplementary, Mr. Speaker. Minister, thank you for that. We will look forward to the information forthcoming. And can you may know it already; as a Mini ster, you probably do, is the current cost . . . I know that when I was Minister it was $30,000 per patient per month at the hospital. Is that figure still the figure that the hospital charges? Or has i t changed?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, in terms of . . . I think I need clarification in terms of what the Honourable Member was asking. Because as you can appreciate, there was a grant that the hospital gets. And that is a set sum, as opposed to a …
The SpeakerThe SpeakerYes, yes. Hon. Zane J. S. De Silva: I will clarify it a little bit, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: Minister, you will be aware, I am sure, that every long- term patie nt who is currently housed (for lack of a better term) in the hospital, that figure, that [amount] that the hospital used to charge for that patient was $30,000 per …
Yes.
Hon. Zane J. S. De Silva: Minister, you will be aware, I am sure, that every long- term patie nt who is currently housed (for lack of a better term) in the hospital, that figure, that [amount] that the hospital used to charge for that patient was $30,000 per month. My question is, Is that charge, $30,000, still the figure per month?
The SpeakerThe SpeakerYes, Minister. Hon. Jeanne J. Atherden: I cannot answer at this minute. I do know that it was under review, and I do not know whether that review resulted in a change—
The SpeakerThe SpeakerSo you will get the — Hon. Jeanne J. Atherden: I will get the answer.
The SpeakerThe SpeakerThe Chair will now recognise the Honourable Member from constituency 5, MP D. V. Bu rgess. QUESTION 1: REGULATION OF REST HOMES AND NURSING HOMES Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would just like to ask the Ho nourable Minister. It is stated in …
The Chair will now recognise the Honourable Member from constituency 5, MP D. V. Bu rgess.
QUESTION 1: REGULATION OF REST HOMES AND NURSING HOMES Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would just like to ask the Ho nourable Minister. It is stated in her Statement that there are 400 beds that are registered. What I would like to know is, how many of those beds are desi gnated nursing home beds and rest home beds?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: I know my technical pe ople will come back. But I do remember that I did pick something up before that indicated that in terms of nursing homes it was 161, and the rest were rest homes.
The SpeakerThe SpeakerMP Burgess, you have a supplementary, or next question? SUPPLEMENTARIES Hon. Derrick V. Burgess, Sr.: Yes. Supplementary. In light of the increase in the senior popul ation, what plans does the Government have to i ncrease Government -owned accommodations for seniors?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: As I have indicated, we obviously are aware that we need to have more accommodations for seniors. But the Government is not planning on increasing Government -owned homes. Because the Government believes that we should turn around and facilitate the increas e in homes, but …
Minister.
Hon. Jeanne J. Atherden: As I have indicated, we obviously are aware that we need to have more accommodations for seniors. But the Government is not planning on increasing Government -owned homes. Because the Government believes that we should turn around and facilitate the increas e in homes, but not Government homes. And so really, our plan is to turn around and to make way for individuals to get into the business of opening up homes, and then have Go vernment regulate them. It is better for Government to regulate than actually pro vide, because as you can see from what has happened now (Government wanted to go into the business of providing homes), you get all sorts of extra issues with respect to the cost and how to run them. It is better for us to regulate it than actually be in the business.
The SpeakerThe SpeakerThank you, Minister. MP Burgess. Hon. Derrick V. Burgess, Sr.: Supplementary.
The SpeakerThe SpeakerYes. Hon. Derrick V. Burgess, Sr.: I want to be correct. Is the Minister saying that the Government has no r esponsibility for seniors, our increasing seniors?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, and to the listening audience, I did not say that Government has no responsibility. I actually indicated that the long- term Bermuda House of Assembly care and providing care homes is something t hat Government has as one of its priorities. I also …
Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, and to the listening audience, I did not say that Government has no responsibility. I actually indicated that the long- term
Bermuda House of Assembly care and providing care homes is something t hat Government has as one of its priorities. I also indicated that the Ministry is working with the Bermuda Hospitals Board [BHB] and other stakeholders to start to put into place the expansion of care homes in the community. What I did say was that Government was not seeing itself introducing and stepping up more Gov-ernment -run homes.
The SpeakerThe SpeakerThank you. Thank you, Minister. Yes, you have a supplementary?
The SpeakerThe SpeakerMP Burgess, MP Roban has a suppl ementary. S o, MP Roban. SUPPLEMENTARIES
Mr. Walter H. RobanThank you, Mr. Speaker. Supplementary question to the Minister. Would the Minister at least agree, in light of what she said, that those care homes that are run by the Government are run well and are tak ing very good care of the senior population upon which they have responsibility …
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Absolutely I agree, which is one of the reasons why, from our perspective, we want to make sure that the type of standards that are in those homes are replicated throughout the Island.
Mr. Walter H. RobanWould the Minister be able to tell us, in light of her [response] about promoting persons going into the business of senior care, can the Minister give us some indication as to how many new applications to establish seniors’ homes have been received by the Ministry over the past year?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: The Ministry has not act ually gone out and solicited homes. But I am aware—I am aware that at least four individuals have indicated that they are interested in opening up seniors’ homes with a range of accommodation, whether it b e nursing, rest homes, …
Minister.
Hon. Jeanne J. Atherden: The Ministry has not act ually gone out and solicited homes. But I am aware—I am aware that at least four individuals have indicated that they are interested in opening up seniors’ homes with a range of accommodation, whether it b e nursing, rest homes, independent living, day care. So there are persons out there who are interested in that. So we are trying to facilitate the whole question of, how can we make it such that it could be financially viable for individuals to go into thi s area, but at the same time, ensure that it is properly set up, regulated, and sus-tainable?
The SpeakerThe SpeakerThank you. Thank you, Minister. Hon. Zane J. S. De Silva: Supplementary.
The SpeakerThe SpeakerYou have a supplementary, MP De Silva. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Minister, with regard to . . . and I hear you. The Government should not be responsible for buil ding homes and whatnot. So I took that on board. But getting back …
You have a supplementary, MP De Silva.
SUPPLEMENTARIES
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Minister, with regard to . . . and I hear you. The Government should not be responsible for buil ding homes and whatnot. So I took that on board. But getting back to, if we look at, if there is at least —and I would take a guess there would be at least 30 people in the hospital who were transferred from the Conti nued Care Unit, because there were certainly 30 patients over there before it closed. So I would think that number has probably swelled to 50, 60, or mor e. That being said, Minister, 30 patients at $30,000 a month is $1 million a month. Do you think you would agree that if that number is indeed $1 mi llion or so a month, that maybe those funds should be looked at in maybe constructing a new home or two and for the Government to put it out to some of those—I think you said four individuals who were looking at opening homes. Maybe that deal could be struck between the Government and those four individuals.
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Certainly, Mr. Speaker, and to the Honourable Member, it has been confirmed we have had six new home proposals, so it is up from the four that I thought it might have been. There are six new home proposals. But with respect to the BHB, …
Minister.
Hon. Jeanne J. Atherden: Certainly, Mr. Speaker, and to the Honourable Member, it has been confirmed we have had six new home proposals, so it is up from the four that I thought it might have been. There are six new home proposals. But with respect to the BHB, as the persons moved f rom what we used to call the Continuing Care Unit, those numbers have started to go down, because we are obviously trying to transition out. But with respect to the future and the building of homes, yes, Government does believe that if we can turn around and get other persons to bui ld the homes and a mix of homes it would be a good value for the money that we spend. And that is the reason why it was put as one of our priority items in terms of the action plan. And so, we are working with BHB.
The SpeakerThe SpeakerAll right. Thank you. Hon. Zane J. S. De Silva: Supplementary. 1934 3 June 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Yes. Hon. Zane J. S. De Silva: Great. And I think this is one of those things, Minister . . . the question is, Do you …
All right. Thank you. Hon. Zane J. S. De Silva: Supplementary.
1934 3 June 2016 Official Hansard Report
Bermuda House of Assembly The Speaker: Yes.
Hon. Zane J. S. De Silva: Great. And I think this is one of those things, Minister . . . the question is, Do you agree that, with what you just said, this could be a good i nitiative for the BHB and/or your Ministry to look at in terms of now it is six people who want to open up homes, maybe this could be a good avenue for them, or for the BHB and your Ministry, to maybe assist them with finance in starting up these homes?
The SpeakerThe SpeakerThank you. Hon. Jeanne J. Atherden: Mr. Speaker and Honourable Member, obviously that is one of the options. But another option is also to see that we can try and make it attractive to some of the lenders that are out there. Because if they ca n see that it …
Thank you.
Hon. Jeanne J. Atherden: Mr. Speaker and Honourable Member, obviously that is one of the options. But another option is also to see that we can try and make it attractive to some of the lenders that are out there. Because if they ca n see that it is supported and insurance will cover this, then it turns around and makes it attractive. But I take your point, which is why we have this as a goal and are working with BHB. But I also take the point that, if I can make it attractive to the private sector so the Government does not have to put money in, that [will free up] money that I can use somewhere else. But it is all part and parcel of what we are looking at, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. You have a supplementary? M P Foggo. SUPPLEMENTARY
Ms. Lovitta F. FoggoYes. Thank you, Mr. Speaker. Continuing on that same line, if Government is being responsive to the changes that are taking place in terms of the senior community, might it not be a better idea to look at som e of the facilities like Hor izons and other similar facilities …
Yes. Thank you, Mr. Speaker. Continuing on that same line, if Government is being responsive to the changes that are taking place in terms of the senior community, might it not be a better idea to look at som e of the facilities like Hor izons and other similar facilities which are now pretty much empty, to try and save costs, look at those facil ities in terms of converting them to senior homes so that you can better take care of the senior population who are in need of assistance?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker and Member who sat down, while, theoretically, that is something that one might think of, if you have been around long enough you will understand all the extra costs in term s of retrofitting— we have extra costs even at people’s homes. So …
Minister. Hon. Jeanne J. Atherden: Mr. Speaker and Member who sat down, while, theoretically, that is something that one might think of, if you have been around long enough you will understand all the extra costs in term s of retrofitting— we have extra costs even at people’s homes. So one has a worry about when you start tr ying to retrofit things. But I am not saying that that is something that would get ruled out. But I do think that it is better for the group that will be looking at building homes, especially now . . . whenever we build som ething now, we need to be building this for twenty -first century and getting it out there with all the things that need to be done. So I would think that it is better for us to try and go with a more open page than turning around and trying to do . . . but if somebody in their own home, a private sector person, wants to do something, then that is an option. But I think as a Government, we should try and look at being as visionary as we can, to try and put as many types of care, as I say, long- term nursing care, rest homes, assisted living, even some of the things that we see abroad in terms of couples. You know, this is all the stuff that is on the table.
The SpeakerThe SpeakerThank you. Thank y ou, Minister. You have another question? Yes, your second question, MP Burgess. QUESTION 2: REGULATION OF REST HOMES AND NURSING HOMES Hon. Derrick V. Burgess, Sr.: Yes. What are the Government’s plans to educate the public and rest homes, nursing homes, on the care of patients …
Thank you. Thank y ou, Minister. You have another question? Yes, your second question, MP Burgess.
QUESTION 2: REGULATION OF REST HOMES AND NURSING HOMES
Hon. Derrick V. Burgess, Sr.: Yes. What are the Government’s plans to educate the public and rest homes, nursing homes, on the care of patients with dementia and Alzheimer’s? It was not mentioned. It surprised me—not even men-tioned in the Statement.
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Sorry, Mr. Speaker. Could the Honourable Member just repeat that for a m oment? I want to make sure I did not miss what he said.
The SpeakerThe SpeakerYes. MP Burgess? Hon. Jeanne J. Atherden: I was just checking my missed answers. Hon. Derrick V. Burgess, Sr.: Yes, no problem. What are Government’s plans to educate the public, and the rest homes and nursing homes, on the care of patients with dementia and Alzheimer’s? Hon. Jeanne J. Atherden: …
Yes. MP Burgess?
Hon. Jeanne J. Atherden: I was just checking my missed answers.
Hon. Derrick V. Burgess, Sr.: Yes, no problem. What are Government’s plans to educate the public, and the rest homes and nursing homes, on the care of patients with dementia and Alzheimer’s? Hon. Jeanne J. Atherden: Mr. Speaker and me mbers of the public, Government works with a number of agencies and groups to make them aware of all of the things that are affecting dementia and Al zheimer’s. And I think you might have heard me som etime before in this Honourable House reminding pe ople that it has been determined now that there are some things in terms of, you know, what you are doing and how your lifestyle i s that are affecting Al zheimer’s and dementia. So we are working with that. The Ministry and the Ageing and Disability Services have a real working relationship with these groups. And if I remember correctly, I am pretty sure that one person who is on my Seniors Advisory Cou ncil is somebody who is representing that group. B ecause we are trying to reach out and get other people
Bermuda House of Assembly in the room so that when we are looking at and wor king on this, we have as broad a base as possible.
The SpeakerThe SpeakerRight. Thank you. MP Burgess. Hon. Derrick V. Burgess, Sr.: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Derrick V. Burgess, Sr.: How many patients do we have registered in Bermuda that are afflicted with dementia and Alzheimer’s?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Sorry, how many patients do we have registered . . . ? [Inaudible interjection] Hon. Jeanne J. Atherden: I cannot give you that number, and the reason I cannot give you that number is because it is not a requirement for people to turn around …
Minister.
Hon. Jeanne J. Atherden: Sorry, how many patients do we have registered . . . ?
[Inaudible interjection]
Hon. Jeanne J. Atherden: I cannot give you that number, and the reason I cannot give you that number is because it is not a requirement for people to turn around and register. These are some of the things that . . . you know, if you are at home with your family and they have a concern about your care or whether you are ageing or whether you have dementia or Al zheimer’s, unless that person comes forward, there is no way to gauge the number. I know that I have heard numbers from some of the groups that are out there working on that. And I do know that if you look at the statistics in terms of worldwide statistics, one has to recognise that it is going in that direction. But I cannot give you that number.
The SpeakerThe SpeakerYes. Thank you. MP Burgess? Hon. Derrick V. Burgess, Sr.: My third question, Mr. Speaker.
The SpeakerThe SpeakerYes. QUESTION 3: REGULATION OF REST HOMES AND NURSING HOMES Hon. Derrick V. Burgess, Sr.: We sit in this House, and we make statements such as, Seniors are our priority. Why has the Government cut the grants for seniors at rest homes?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, I think I would ask the Honourable Member to clarify when he talks about cutting the grants. Every rest home does not get a grant. There are a few. But obviously, when you start . . . I mean, you would have to …
Minister. Hon. Jeanne J. Atherden: Mr. Speaker, I think I would ask the Honourable Member to clarify when he talks about cutting the grants. Every rest home does not get a grant. There are a few. But obviously, when you start . . . I mean, you would have to talk about the specific ones. There are obviously other things that relate to why they are getting the grant and what else we are doing to help supplement their expenses.
The SpeakerThe SpeakerYes. MP Burgess. SUPPLEMENTARIES Hon. Derrick V. Burgess, Sr.: There have been the few that I am talking about, the few that get grants. Why have they been cut?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: I would have to look, because, obviously, Government’s money has to try and go to all the areas. And with respect to the rest homes or the nursing homes, I would have to look at it. But we ob viously try and maintain a certain …
Minister.
Hon. Jeanne J. Atherden: I would have to look, because, obviously, Government’s money has to try and go to all the areas. And with respect to the rest homes or the nursing homes, I would have to look at it. But we ob viously try and maintain a certain level. But all of the Ministry’s expenses, we are trying to maintain a certain level with the reduced budget that we have.
The SpeakerThe SpeakerThank you, Minister. Are you finished, MP Burgess? Hon. Derrick V. Burgess, Sr.: One other supplementary.
The SpeakerThe SpeakerYes. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I understand the Minister’s answer. But this is not the first time that the grants . . . it has been two years in a row that the grants have been cut for the rest homes that receive them. And I would …
Yes. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I understand the Minister’s answer. But this is not the first time that the grants . . . it has been two years in a row that the grants have been cut for the rest homes that receive them. And I would just like to know why. And I will wait for the answer. If you have got to find out, I have no problem.
The SpeakerThe SpeakerAll right. Thank you, MP Burgess. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. And I know the Honourab le Member is quite . . . he feels very strongly about the seniors, and so I will get the information. And even if not right now in question period, he …
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Honoura ble Member from constituency 21. QUESTION 1: REGULATION OF REST HOMES AND NURSING HOMES
Mr. Rolfe CommissiongThank you, Mr. Speaker. 1936 3 June 2016 Official Hansard Report Bermuda House of Assembly Minister, your Statement on page 2 says as follows: “ Accordingly, as the senior population grows so will the number of people requiring Long Term Care services.” We do know that projections indicate that the …
Thank you, Mr. Speaker. 1936 3 June 2016 Official Hansard Report
Bermuda House of Assembly Minister, your Statement on page 2 says as follows: “ Accordingly, as the senior population grows so will the number of people requiring Long Term Care services.” We do know that projections indicate that the senior portion of our population will increase to around 16 [per cent] to 18 per cent within the next four to five years. Yesterday, Carol Everson in the Royal G azette, who is a caseworker for the Bermuda Legion, had a series of statements in there concerning this very same issue. And she seems to have some very profound local knowledge about the current state of our seniors and senior care. Has there been any desire on your part and/or your officers to meet with Ms. Everson? And if they have not done so thus far, is there any intention in the future to meet with her?
The SpeakerThe SpeakerYes, Minister. Hon. Jeanne J. Atherden: All I can say to you is that I know Carol very well. And I have had various conversations with her over time. She is also another one of those individuals who is very passionate about her group. And so, the Seniors Advisory Council …
Yes, Minister.
Hon. Jeanne J. Atherden: All I can say to you is that I know Carol very well. And I have had various conversations with her over time. She is also another one of those individuals who is very passionate about her group. And so, the Seniors Advisory Council meets with a number of individuals, and I am certain, I am sure that the Ageing and Disability Services people have met with her as well. And I actually, now that I think about it, when she first came home when she talked about that place that she was trying to look at, I had a very good conversation with her and made some s uggestions as to how that might be facilitated. So we continue to reach out. And as I said to you in the House and I say to everyone: We are very open to having conversations with persons who are in there and are interested, because we try to turn around and use the money as best we can, and try to get the private sector to engage with us on this.
The SpeakerThe SpeakerThank you, Honourable Minister. Yes, MP Commissiong?
The SpeakerThe SpeakerYes. Yes, sir. SUPPLEMENTARIES
Mr. Rolfe CommissiongMr. Speaker, to the Minister again, Ms. Everson indicates that, with respect to care for seniors and/or patients with dementia, that there are only three facilities in Bermuda that can properly address this need—tho se being Westmeath Residential and Nursing Care Home, Sylvia Richardson Care Facility , and Lefroy House. …
Mr. Speaker, to the Minister again, Ms. Everson indicates that, with respect to care for seniors and/or patients with dementia, that there are only three facilities in Bermuda that can properly address this need—tho se being Westmeath Residential and Nursing Care Home, Sylvia Richardson Care Facility , and Lefroy House. She states that all “are full to capacity,” as we talk right now, “with closed waiting lists.” Is the Minister aware of this?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: I am aware that the three facilities that you talked about are the facilities that are able to deal with Alzheimer’s. But I also am aware, and I have an update here that there are 200 persons with Alzheimer’s. But I think one has t …
Minister.
Hon. Jeanne J. Atherden: I am aware that the three facilities that you talked about are the facilities that are able to deal with Alzheimer’s. But I also am aware, and I have an update here that there are 200 persons with Alzheimer’s. But I think one has t o recognise, and this is the issue, when some of these facilities were built — and I am looking down and I am thinking of Sylvia Richardson— we started to populate them with a range of individuals. So right now, we are turning and trying to make sure that we look at what is the appr opriate place for these individuals and what is the a ppropriate place in the future in the community. And that is why we are having this long- term plan to try and not only build places, but to cut down on how people end up having Al zheimer’s, because they are finding that people are getting it even younger and younger because of some lifestyle issues, et cetera. So I want to just say, and I have the other answer (I might as well give it while I am here). We are in constant dialog wi th Carol Everson. And they meet with her many times and have discussions. So we continue to work on this, because we are all going there.
The SpeakerThe SpeakerAll right. Thank you, Minister. Yes.
Mr. Rolfe CommissiongMinister, again, I do not know if it was altogether clear. Are you confirming that there are no facilities that are properly constituted to deal with patients with dementia? And if that is the case, what are the options that are available for those clients and/or patients who may need …
Minister, again, I do not know if it was altogether clear. Are you confirming that there are no facilities that are properly constituted to deal with patients with dementia? And if that is the case, what are the options that are available for those clients and/or patients who may need that specialised care? That do need that specialised care, I may say.
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Right now, obviously we are having to decide [microphone off] care outside of what I call the “ home facility ,” because we do not have enough homes. But that does not mean that you are not able to assist persons who have these family …
Minister. Hon. Jeanne J. Atherden: Right now, obviously we are having to decide [microphone off] care outside of what I call the “ home facility ,” because we do not have enough homes. But that does not mean that you are not able to assist persons who have these family members, [we] try and give them training, try and give them inform ation on how to assist their family me mbers. In the meantime, the long- term care strategy is being developed with the BHB, so that we can look at getting more beds into the facilities and into the community at the appropriate level and appropriate numbers .
Bermuda House of Assembly The Speaker: Right. Thank you. Yes, MP Commissiong?
The SpeakerThe SpeakerYes. This is your third question. QUESTION 3: REGULATION OF REST HOMES AND NURSING HOMES
Mr. Rolfe CommissiongThat is okay. Okay. Mr. Speaker, again to the Minister, on page 4 of her Statement, she stated that “Homes that are not satisfactorily meeting Regulations receive additional follow -up inspections.” A simple question: How many homes have not satisfactorily met the aforementioned Regulations?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, I am pretty sure that on page (if I can find it) 6, I indicated, “After a year of the aforementioned inspections and support, the 2016 Re- Registration period resulted in: • 17 Homes are Registered • 4 Homes have received Conditional Registr …
Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, I am pretty sure that on page (if I can find it) 6, I indicated, “After a year of the aforementioned inspections and support, the 2016 Re- Registration period resulted in: • 17 Homes are Registered • 4 Homes have received Conditional Registr ations • 1 home . . . not [registered].” So there are actually five.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Honourable Member from constituency 13, MP Diallo Rabain.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Mr. Speaker, to the Honourable Minister, on page 2 it states, second sentence, “ Changing family structures as well as the emotional and financial strain of caregiving . . .” Would the Minister be able to tell us, what is being done by this Government to …
Thank you, Mr. Speaker. Mr. Speaker, to the Honourable Minister, on page 2 it states, second sentence, “ Changing family structures as well as the emotional and financial strain of caregiving . . .” Would the Minister be able to tell us, what is being done by this Government to stop the changing family structure? It has been said by Age Concern, who has said this for a number of years, that one of the problems we are having with our seniors is because of the dire straits of the economic situation in Bermuda. Families are emigrating and leaving their elders here in Bermuda to be cared for by the Go vernment. If we did something to alleviate that flight from Bermuda, this could alleviate some of the pain that the Government is seeing, having to look after.
Mr. Diallo V. S. RabainThe question is, What is the Government doing to address that particular fact?
The SpeakerThe SpeakerMinister. Hon. Jeanne J. Atherden: Mr. Speaker, I cannot r espond to that because I have not seen anything an ywhere that has indicated that, in terms of people lea ving the Island and leaving their family members. In terms of the family structure, more likely what we are seeing …
Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, I cannot r espond to that because I have not seen anything an ywhere that has indicated that, in terms of people lea ving the Island and leaving their family members. In terms of the family structure, more likely what we are seeing is that individuals decide that they are okay, and they go on and they live their lives. And they are not actually focusing on their seniors. And so, the changes in family structures that we see are not from people actually leaving the Island in great numbers, but are more from people, still on the Island, who are making decisions, unfortunately, that their seniors, who really should be addressed, are not cared for. So I will . . . I cannot answer that. But if you have got some specific numbers, then fine. But the [higher] numbers that I have were relating to people who are on the Island, and the fami ly structure is such that they are not recognising their responsibility for their seniors.
The SpeakerThe SpeakerThank you, Honourable Minister. Hon. Jeanne J. Atherden: Oh, Mr. Speaker, can I just respond—
The SpeakerThe SpeakerJust a minute, Honourable Minister. Yes. Hon. Jeanne J. Atherden: Yes. Just for information, because I promised this and I do not want people to say I did not deliver. We have had nine administrative meetings so far. There is an average of a 75 per cent attendance. And as …
Just a minute, Honourable Minister. Yes.
Hon. Jeanne J. Atherden: Yes. Just for information, because I promised this and I do not want people to say I did not deliver. We have had nine administrative meetings so far. There is an average of a 75 per cent attendance. And as to the Elder Care Team , there is between eight and nine people, depending on the issue. That is one. And I just answered about . . .
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Minister. Hon. Zane J. S. De Silva: Can I ask a supplementary on that, Mr. Speaker, that we were just carrying forward?
The SpeakerThe SpeakerHonourable Member, I think you asked your supplementaries on that particular area. 1938 3 June 2016 Official Hansard Report Bermuda House of Assembly Hon. Zane J. S. De Silva: To be honest, I cannot r emember, Mr. Speaker.
The SpeakerThe SpeakerYes, yes, yes. We have done all that . Hon. Zane J. S. De Silva: Gee. I should not have been so honest. [Laughter]
The SpeakerThe SpeakerAll right. We now move to . . . yes, you have a question on this? POINT OF ORDER
Mr. E. David BurtNo, Mr. Speaker. Mr. Speaker, I just wanted to raise a po int of order and ask that the Minister, pursuant to Standing Order 17(9)(a)(vii), provide oral answers for the questions that have been deferred, where she is seeking technical advice on, so that we can get the answers to …
No, Mr. Speaker. Mr. Speaker, I just wanted to raise a po int of order and ask that the Minister, pursuant to Standing Order 17(9)(a)(vii), provide oral answers for the questions that have been deferred, where she is seeking technical advice on, so that we can get the answers to those questions next week.
The Sp eaker: Right. She has given one just now. That is what she just did. So obviously, if there are any questions that are outstanding, then the Minister should be forthcoming with them. We now move to the second Statement, by Dr. the Honourable Grant Gibbons . And we have a question from the Honourable Member from constit uency 15, MP Roban, Shadow Minister for Public Safety.
QUESTION 1: CYBERSECURITY, A NATIONAL PRIORITY
Mr. Walter H. RobanThank you, Mr. Speaker. On the page 4 of the Honourable Minister’s Statement, Mr. Speaker, it states that “t he Gover nment is making good progress having conducted a preliminary risk assessment, which has been mapped to a program of cybersecurity -related activities. ” Is the Minister aware that there …
Thank you, Mr. Speaker. On the page 4 of the Honourable Minister’s Statement, Mr. Speaker, it states that “t he Gover nment is making good progress having conducted a preliminary risk assessment, which has been mapped to a program of cybersecurity -related activities. ” Is the Minister aware that there have already been cybers ecurity violations within the government system of a number of departments? And what, in light of this committee’s activity, is being done to address those violations that have already happened?
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. In this business, there is some droll humour. And people have said there are two types of organis ations: those that have been hacked and know they have been hacked; and those that have been hacked and do not …
Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. In this business, there is some droll humour. And people have said there are two types of organis ations: those that have been hacked and know they have been hacked; and those that have been hacked and do not know they have been hacked. [Laughter]
Dr. the Hon. E. Grant Gibbons: So, those are the only two possibilities. The Honourable Member is cor-rect. There have been some instances. I am informed that they have not been serious. The areas in question, I think one of them could have been a quango. My memory is a little old on this right now. One could have been a quango, another a department. But the ITO group quarantined the infected computers very quickly and addressed and responded to that. Those in the commercial area, and I think , certainly, Government, know that there are thousands of attacks every day on computers. The banks probably run in the [area of] 10,000 attacks on a daily basis, easily. So, this is kind of the environment in which we live these days, Mr. Speaker. Thank y ou.
The SpeakerThe SpeakerThank you. Thank you. Yes, MP Roban.
Mr. Walter H. RobanMr. Speaker, in light of the Mi nister’s answer that there obviously have been attacks already on the Government system, is the Minister actually certain that these have not been that serious? But I kind of want to know if the Minister can give us specifics as to what is …
Mr. Speaker, in light of the Mi nister’s answer that there obviously have been attacks already on the Government system, is the Minister actually certain that these have not been that serious? But I kind of want to know if the Minister can give us specifics as to what is actually being done to prevent attacks right now, other than with what he said in his Statem ent, to ensure that the types of attacks that have already happened do not happen again.
The SpeakerThe SpeakerYes, Minister. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, let me take that in two pieces. The first is, there are no guar-antees in this area of cybersecurity. When you have the US Government, when you have large, very s ophisticated organisations, like Sony and Anthem and others that …
Yes, Minister. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, let me take that in two pieces. The first is, there are no guar-antees in this area of cybersecurity. When you have the US Government, when you have large, very s ophisticated organisations, like Sony and Anthem and others that have been attacked, large US banks, there are certainly no guarantees. The best you can do is try and mitigate and put proc edures in place. As I said in the Statement, the Government has adopted a fairly well -known framework from the National Institute of Standards and Technology, called the NIST framework, in which you follow a protocol in terms of looking at an assessment of where your particular infrastructure structure is at the present, and then you look to see what additional things you need to put in place. I am going to be purposely vague here, Mr. Speaker, because this is a sensitive area. And I do not think any of us, either through hubris or through giving too much information, want to paint a bullseye
Bermuda House of Assembly on the Government or anybody else. But suffice it to say we are following that particular framework. I can have a chat with the Honourable Member later. But the normal sorts of protocols that businesses and ot hers, who are obviously concerned about this area, are being put in place by Government. I cannot say we are 100 per cent watertight. That would be a foolish thing to say. I do not think anybody will ever be 100 per cent watertight in this area. But suffice it to say we have been working on this for a while. I think the Information Technology O ffice is clearly aware of the issues. Government has many, many servers and switches and pieces of sof tware spread over many ministries, departments, and quangos. So it is quite a large job. But suffice it to say we feel that we have a protocol and an approach in place, and we are doing our best to work through that at the present time. But I am happy to have a chat with the Honourable Member offline, if he would like. Thank you.
The SpeakerThe SpeakerThank you, thank you. Yes, the Chair will recognise the Honourable Acting Leader of the Opposition, from constituency 18, MP David Burt. QUESTION 1: CYBERSECURITY, A NATIONAL PRIORITY
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, I thank the Honourable Minister for his answer, and a supplementary, understanding the very private and sensitive nature of these issues, being someone who works in the industry who deals with this on a regular basis. Would the Honourable Minister, would he …
Thank you very much, Mr. Speaker. Mr. Speaker, I thank the Honourable Minister for his answer, and a supplementary, understanding the very private and sensitive nature of these issues, being someone who works in the industry who deals with this on a regular basis. Would the Honourable Minister, would he undertake to confirm to this House, possibly at our next day of meeting, whether or not the Government has had to pay any type of ransomware for the recovery of any data which may have been hacked and compr omised?
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I am not aware of that, but I will certainly check.
The SpeakerThe SpeakerYes. QUESTION 2: CYBERSECURITY, A NATIONAL PRIORITY
Mr. Walter H. RobanCan the Minister at this point give us any assurance that any of the work that will be done by the Cabinet Cyber Sub- Committee as to hel ping to prevent future cyberattacks will also be shared with local business groups so that perhaps it can contribute to an overall …
Can the Minister at this point give us any assurance that any of the work that will be done by the Cabinet Cyber Sub- Committee as to hel ping to prevent future cyberattacks will also be shared with local business groups so that perhaps it can contribute to an overall Island- wide protection, and not just for the Government? So that any of those tec hniques or strategies can be deployed in the private sector wher e they may not already have been deployed?
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. As the Statement indicates, we have started to work very closely with the E -Commerce Advisory Board. As the Statement also says, it is populated with ICT pr ofessionals. There have certainly been a number of discussions so far. We are doing this survey, first of all, to try and get a benchmark of readiness and preparedness in areas that we consider to be critical to the national infrastructure. A hospital would be a good example of that. So I have had a number of discussions informally with some of the membership of the international business community. Some of them are very advanced, as you would expect. But I think the whole idea here is to try and have a working relationship, a partnership between the public and private sector, to share information. Right now, there is no obligation on the part of anybody to indicate that they have had a breach or malicious hack of some sort. And I think that is one of the areas that we need to look at. The Honourable Member may also be aware that we have indicated in the Throne Speech that the Personal Information Pr otection Act [PIPA] will be coming in, hopefully, before the House rises for the summer. That will have prov isions in it, as do a number of other jurisdictions, that if an organisation that has people’s personal information has been hacked or breached, they have a respons ibility to notify the appropriate authorities in that area. So I think we are moving towards what I will call a more coordinated approach to this. But I wish I could say that we are extremely well choreographed and coordinated at this point. But I think this is a work in progress, and I think we are making reasonably good steps here. But it is so mething that affects ev eryone, not just the Government, not just banks, but certainly anybody who has data and essentially wants to protect that. It is a new world out there. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Honourable Minister. Yes, MP Roban. 1940 3 June 2016 Official Hansard Report Bermuda House of Assembly Mr. Walter H. Roban: Last question, Mr. Speaker.
The SpeakerThe SpeakerYes. QUESTION 3: CYBERSECURITY, A NATIONAL PRIORITY
Mr. Walter H. RobanAre there any plans by the Mi nistry or this advisory committee to employ any overseas consultation for their work, going forward?
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. The answer is, at this point, we are taking a watching brief on that. The Honourable Member may be aware that ITO uses external consultants, and they would be part of any response effort. There is an i nstant …
Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. The answer is, at this point, we are taking a watching brief on that. The Honourable Member may be aware that ITO uses external consultants, and they would be part of any response effort. There is an i nstant team in place, from what I understand. And we certainly have been (I think it is fair to say) a pproached by a number of people who do work and who do consulting in this area, a number of them overseas. But at this point, we have not specifically hired anybody at the level of the Cabinet Cybersec urity Committee. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Thank you, Honourable Members. That co mpletes that Statement. We now move to the Statement by the Mini ster of Environment. The Chair will recognise the Ac ting Leader of the Opposition, or . . . [Inaudible interjection]
The SpeakerThe SpeakerAll right. We also have, MP Scott has a question as well. So the Chair will recognise MP Dennis Li ster from constituency 35. QUESTION 1: FORTHCOMING AMENDMENT TO THE DOGS ACT Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I rose first only because I was the …
All right. We also have, MP Scott has a question as well. So the Chair will recognise MP Dennis Li ster from constituency 35.
QUESTION 1: FORTHCOMING AMENDMENT TO THE DOGS ACT
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I rose first only because I was the Minister who actually put the original dog ban in place in 2003. So I rise basic ally to, in principle, support what the Minister has put forward. But I have a quick question, Mr. Speaker, and a lot of what the Minister said . . . I am just trying to find the point here. He made reference to the advisory committees, the Canine Advisor y Committees that have been put in place since 2010 and 2015. And the way forward, he sees, Mr. Speaker, is to use the recommendations of that advisory committee as it looks at the 2008 Act, that [is what] he is intending to i mplement. My question to the Minister is, In light of the fact that the issue started on both sides of the House, Mr. Speaker, would he table the 2015 Canine Adv isory Committee Report? Thank you.
The SpeakerThe SpeakerMinister. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. And thank you for the question. I have no objection to tabling the report.
The SpeakerThe SpeakerThank you very much. The Chair will recognise the Honourable Member from constituency 18. MP David Burt, you have the floor. QUESTION 1: FORTHCOMING AMENDMENT TO THE DOGS ACT
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, my first question. In page 2 of his Statement, the Minister mentions the specific policies which were put in place in which dogs were not allowed to be imported and/or bred in Bermuda. Can the Minister please advise this Honourable House and …
Thank you very much, Mr. Speaker. Mr. Speaker, my first question. In page 2 of his Statement, the Minister mentions the specific policies which were put in place in which dogs were not allowed to be imported and/or bred in Bermuda. Can the Minister please advise this Honourable House and the listening public where someone could find a copy of the current policy as regards to banned breeds of dogs?
The SpeakerThe SpeakerMinister. Hon. N. H. Cole Simons: Thank you, Mr. Speaker, and thank you for the question. If you go to the Ministry of Conservation Services, www.gov.bm , they can provide you with the lis t of breeds and more details on the policy and regul ations.
Mr. E. David BurtThe first supplementary that I have is that I thank the Minister for his answer. However, I am looking at that website right now, and as we di scussed last week, with a modification upgrading the website, there is no such policy to be found. So I would ask the …
The first supplementary that I have is that I thank the Minister for his answer. However, I am looking at that website right now, and as we di scussed last week, with a modification upgrading the website, there is no such policy to be found. So I would ask the Minister when he will publish that so memb ers of the public can be aware of what the actual ministerial policy currently is.
The SpeakerThe SpeakerMinister. Bermuda House of Assembly Hon. N. H. Cole Simons: I have no objections to that recommendation.
The SpeakerThe SpeakerThank you very much. Yes, MP Burt.
Mr. E. David BurtSecond supplementary, Mr. Speaker. Regarding this policy, and given the fact that it is just a ministerial policy and can be changed at any point in time, will the Honourable Minister please tell this Honourable House whether or not he still supports the euthani sing of banned breeds of dogs, …
The SpeakerThe SpeakerMinister. Hon. N. H. Cole Simons: Can you repeat that, please? Can you repeat?
Mr. E. David BurtMr. Speaker, the question is, given that this is a ministerial policy, it is not stated by reg ulation and/or law, it is just purely the policy of the mi nister at the time, does the current Minister support the policy that was put in place by previous ministers which …
Mr. Speaker, the question is, given that this is a ministerial policy, it is not stated by reg ulation and/or law, it is just purely the policy of the mi nister at the time, does the current Minister support the policy that was put in place by previous ministers which sees banned breeds of dogs being killed on a regular basis?
Hon. N. H. Cole Simons: Thank you very much for that question. Today I have to work with what is and what is currently available and what was put in place before me. I am currently assessing the policy, and as I said in my Statement, I will come back with some recom-mendations. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Mini ster. Yes, MP Burt, second question? QUESTION 2: FORTHCOMING AMENDMENT TO THE DOGS ACT
Mr. E. David BurtMr. Speaker, question number two. Yes, please, Mr. Speaker. I thank the Minister for his [answer]. However, he did not answer the question which I asked. The question that I asked was, Does the Minister support the statement? The Minister is the Minister. There are things that happened previously. Does …
Mr. Speaker, question number two. Yes, please, Mr. Speaker. I thank the Minister for his [answer]. However, he did not answer the question which I asked. The question that I asked was, Does the Minister support the statement? The Minister is the Minister. There are things that happened previously. Does the Minister support the ongoing killing of banned breeds of dogs in Bermuda?
[Inaudible interjections ]
The SpeakerThe SpeakerMinister. Minister. Hon. N. H. Cole Simons: Mr. Speaker, I have answered the question. Thank you.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member . MP Burt. MP Foggo, what is this?
Ms. Lovitta F. FoggoMinister, the question that was put to you basically requires a yes or no answer. But let me just try and restate it, with a short preamble. Many of the private vets have a grave concern regarding euthanising certain breeds, especially when they are healthy. Would the Minister undertake—
The SpeakerThe SpeakerHonourable Member, I think the Ho nourable Minister answ ered. He said he is going to take a look at it. He answered that.
The SpeakerThe SpeakerWell, it is an answer in this case. You might not be satisfied with it. [Laughter]
Ms. Lovitta F. FoggoWell, I am not, Mr. Speaker. And I am asking the Minister directly, Would he consider suspending the policies that are now in place until he comes up with a new policy?
The SpeakerThe SpeakerAll right. Thank you. That is a different question. Yes, go ahead. Go ahead, Minister. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. As I said, at this point the canine policy is a priority for this Government because it is such an emotive issue. And as a consequence, …
All right. Thank you. That is a different question. Yes, go ahead. Go ahead, Minister. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. As I said, at this point the canine policy is a priority for this Government because it is such an emotive issue. And as a consequence, all options are on the table at this time. Thank you.
The SpeakerThe SpeakerAll right. Thank you very much. MP Burt.
The SpeakerThe SpeakerYes. 1942 3 June 2016 Official Hansard Report Bermuda House of Assembly SUPPLEMENTARY
Mr. E. David BurtThe supplementary question was, would the Minister consider suspending the killing of banned breeds of dogs as the Minister is currently reviewing the policy? Will the Minister consider suspending that policy, which is what the Member asked, and which I am asking. And I am asking if the Minister will …
The SpeakerThe SpeakerMinister. Hon. N. H. Cole Simons: Mr. Speaker, as I said, all policies are being examined. And this is one of the issues that will fall under the general review. Thank you.
The SpeakerThe SpeakerThank you. Thank you, Minister. All right. The Chair will recognise the Honourable Member from constituency 34, the Learned Member, MP Kim Wilson. SUPPLEMENTARY
Ms. Kim N. WilsonThank you, Mr. S peaker. Would the Minister agree that a more humane canine policy would be one that kills the act and not the dog?
The SpeakerThe SpeakerMinister. Minister. Oh, sorry. Do you want it repeated? Hon. N. H. Cole Simons: Yes.
Ms. Kim N. WilsonYes. Thank you. Mr. Speaker, I wonder if the Minister would agree that a more humane canine policy to adopt would be one in which you kill the act and not the dog?
The SpeakerThe SpeakerMinister. Hon. N. H. Cole Simons: Thank you. Can you pr ovide clarity as to what “act” that you are talking about, please? [Laughter]
Ms. Kim N. WilsonCertainly. Certainly. By “act,” Mr. Speaker, I am referring to the act insofar as the behaviour that is adverse by the dog handler and not the physical canine.
The SpeakerThe SpeakerMinister. Minister. Hon. N. H. Cole Simons: Yes. We, as I said, will r eview this. And we are also basically reviewing what can be done to support owners who have dogs that display unsociable behaviour.
The SpeakerThe SpeakerAll right. Thank you. Thank you. MP W. L. A. Scott, from cons tituency [24]. QUESTION 1: FORTHCOMING AMENDMENT TO THE DOGS ACT
Mr. W. Lawrence ScottThank you, Mr. Speaker. Minister, are you aware of the advocacy group “Punish the Deed and Not the Breed” ? Hon. N. H. Cole Simons: Absolutely. [Laughter]
The SpeakerThe SpeakerYes. Yes, MP Scott. SUPPLEMENTARIES
Mr. W. Lawrence ScottNow, with that said, and I understand your position with that group, have their recommendations been made and been a part of the Canine Advisory Committee’s recommendations for how to move f orward? Hon. N. H. Cole Simons: Yes, they have played an integral role in crafting and providing input …
Mr. W. Lawrence ScottIs part of that role in having your Ministry move towards licensing the individuals who would like to have dogs or own dogs that are currently on the prohibited or restricted list? Hon. N. H. Cole Simons: As I said earlier, we are reviewing all policies as they pertain to …
Is part of that role in having your Ministry move towards licensing the individuals who would like to have dogs or own dogs that are currently on the prohibited or restricted list?
Hon. N. H. Cole Simons: As I said earlier, we are reviewing all policies as they pertain to dogs and dog ownership. And when we have finished our examina-tion, we will provide you with the results and bring back our decisions to this Parliament.
The SpeakerThe SpeakerThank you. Yes, MP Burt. You have a question?
The SpeakerThe SpeakerYes, you may. QUESTION 3: FORTHCOMING AMENDMENT TO THE DOGS ACT Bermuda House of Assembly Mr. E. David Burt: Mr. Speaker, my third question is, While the Minister is reviewing the banned breeds policy, and as the Mini ster said, there are all options on the table, will the Minister …
Yes, you may.
QUESTION 3: FORTHCOMING AMENDMENT TO THE DOGS ACT
Bermuda House of Assembly Mr. E. David Burt: Mr. Speaker, my third question is, While the Minister is reviewing the banned breeds policy, and as the Mini ster said, there are all options on the table, will the Minister commit to not killing the dogs that are currently in his possession or his de-partment’s possession [pending] the review of the po licy? Will he commit to not killing those dogs, or will he kill them while he is reviewing the policy?
The SpeakerThe SpeakerYou want a stay of execution, do you? [Inaudible interjections and laughter ]
The SpeakerThe SpeakerMinister. Hon. N. H. Cole Simons: Thank you for the question. In those cases where dogs are apprehended because they are prohibited breeds, we always give the owners the option to have the dogs exported and find a home overseas. And they have a time period in which they are …
Minister.
Hon. N. H. Cole Simons: Thank you for the question. In those cases where dogs are apprehended because they are prohibited breeds, we always give the owners the option to have the dogs exported and find a home overseas. And they have a time period in which they are allowed to find a home overseas. If they are u nable to find a home overseas, those prohibited dogs will be euthanised after a certain period of time.
The SpeakerThe SpeakerThank you. MP Burt, supplementary. SUPPLEMENTARY
Mr. E. David BurtI thank the Minister for his answer. So the Minister is saying that while he is reviewing the policy, those p ersons who cannot find homes for dogs overseas possibly, or the expense . . . while he is r eviewing the policy, which may change in two weeks, he …
I thank the Minister for his answer. So the Minister is saying that while he is reviewing the policy, those p ersons who cannot find homes for dogs overseas possibly, or the expense . . . while he is r eviewing the policy, which may change in two weeks, he is still going to kill those dogs? I just want that to be clear for the record, Mr. Speaker.
The SpeakerThe SpeakerYes. Minister. Hon. N. H. Cole Simons: I have already answered the question. Thank you.
The SpeakerThe SpeakerThank you. Thank you. All right. Thank you very much, Honourable Members, for the questions. Honourable Members, there are four minutes left. But when the Premier is coming to give his Statement, once the Premier gives his Statement, we will add on another 15 minutes. There will be 15 mi …
Thank you. Thank you. All right. Thank you very much, Honourable Members, for the questions. Honourable Members, there are four minutes left. But when the Premier is coming to give his Statement, once the Premier gives his Statement, we will add on another 15 minutes. There will be 15 mi nutes we are allowing the Premier to give his Stat ement, coming in. And we have given that permission. So in order that Mem bers are able to ask questions of the Premier on the Statement, we are going to allow another 15 minutes. And, of course, in order to do that, I need the concurrence of the House. So I am going to ask at this moment, is there any objection to that?
Some H on. Members: No. Hon. Patricia J. Gordon -Pamplin: I object.
The SpeakerThe SpeakerYou object to it? Yes. I will listen to you. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, as Members were made aware at the outset of Parliamentary Questi on Period that there was another Statement coming, if Honourable Members chose to run out the time and …
You object to it? Yes. I will listen to you.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, as Members were made aware at the outset of Parliamentary Questi on Period that there was another Statement coming, if Honourable Members chose to run out the time and misuse the clock, I do not think that we should suspend the rules because Members have elected not to be able to . . .
The SpeakerThe SpeakerHonourable Member, I am sorry. But I have suspended the rules in order to allow the Pr emier to make his Statement outside of what is normal, and the House has agreed to that. And so therefore, I am asking that there be opportunity for questions to be asked of …
Honourable Member, I am sorry. But I have suspended the rules in order to allow the Pr emier to make his Statement outside of what is normal, and the House has agreed to that. And so therefore, I am asking that there be opportunity for questions to be asked of the Statement. That is why I have come to that. And I appreciate your position. All right. Thank you very much. Yes, MP Burt.
Mr. E. David BurtMr. Speaker, as I served notice earlier, pursuant to Standing Order 17(9)(a)(vii), I am asking the Honourable Deputy Premier and Minister of Finance to commit to give answers which he promised to give to this House on the 20 th of May. The two questions that were asked, the Minister …
Mr. Speaker, as I served notice earlier, pursuant to Standing Order 17(9)(a)(vii), I am asking the Honourable Deputy Premier and Minister of Finance to commit to give answers which he promised to give to this House on the 20 th of May. The two questions that were asked, the Minister of Finance undertook to come back to the House with the cost of his trip to London for the Anti -Corruption Summit, which is detailed in his Ministerial Statement on that date. And also, the Minister of Finance undertook to come back to this House regarding my supplementary question to his Ministerial Statement that asked if there were any adjustment s to Government’s financial accounts as a result of the independent evaluation by the Auditor General to remove the qualification which was attached to the Financial Statements of Consol idated Fund. And pursuant to the Standing Order 17(9)(a)(vii), I ask those questions be answered t oday.
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: Mr. Speaker, the person who does the expenses for my trip has been off. So I do not have those expenses done yet —the civil se rvant who does that. I will get that inform ation. On the second question that the Honourable Member …
Minister.
Hon. E. T. (Bob) Richards: Mr. Speaker, the person who does the expenses for my trip has been off. So I do not have those expenses done yet —the civil se rvant who does that. I will get that inform ation. On the second question that the Honourable Member has, I do not have that information to hand. I will get it to him, though.
The SpeakerThe SpeakerAll right. Thank you. 1944 3 June 2016 Official Hansard Report Bermuda House of Assembly Please, Honourable Members, since this has been not the first time of asking, I ask that you ensure that the information is gotten to the Member forthright. Thank you. Yes, MP Burt.
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, and I just want to be clear that pursuant to Standing Order 17(9)(a)(vii), those a nswers are provided orally at our next day of meeting.
The SpeakerThe SpeakerAll right. Thank you, sir. So at the next meeting, we will have those answers given. Madam Clerk. [Pause] The Clerk: My apologies. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 29, MP Zane De Silva. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like this Honourable House to send congratulations to Jill Husbands. She is the Chairwoman and Managin g Director of Marsh IAS Management …
The Chair will recognise the Honourable Member from constituency 29, MP Zane De Silva. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like this Honourable House to send congratulations to Jill Husbands. She is the Chairwoman and Managin g Director of Marsh IAS Management Services Bermuda. And, Mr. Speaker, she has been selected the winner of the i naugural Fred Reiss Lifetime Achievement Award. Jill, Mr. Speaker, has worked for Marsh, I think, for over 30 years. So this is a great achievem ent. And Honourable Minister Cole Simons would like to be assoc iated. So, Mr. Speaker, with that, I hope that she gets these congratulations from the House, as it is an aw esome award for someone who has put in many years, several decades, Mr. Speaker, in t he industry. Thank you.
The SpeakerThe SpeakerThank you. The Chair will recognise the Minister for Ec onomic Development, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I would also like to be assoc iated with those congratulatio ns to Jill Husbands for the Lifetime Achievement Award. As many Honourable Members …
Thank you. The Chair will recognise the Minister for Ec onomic Development, Dr. Gibbons.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I would also like to be assoc iated with those congratulatio ns to Jill Husbands for the Lifetime Achievement Award. As many Honourable Members will know, she has served in a public sector capacity for a numbers of years now as the Chairman of the Bermuda College and has been i nstrumental in a number of ways in term s of advancing the careers of a lot of Bermudians in the reinsurance industry, has been a very active participant. So I think, certainly, her award is well -deserved, and she should be recognised for the work that she has done. Mr. Speaker, I think it is o nly appropriate that we ask that condolences be sent to the family of the late Colin Benbow. I did not know him well, Mr. Speaker, but I think Honourable Members will certainly be aware that he came to the Island in the mid - 1950s. He came originally as a t eacher, first at Warwick Academy and later the Bermuda Technical Inst itute. He had a very active interest in history and wrote a number of books looking both to the Corporation of Hamilton, the telephone company, and Gladys Morrell; but more recently was probably better known for his Boer Prisoners of War in Bermuda. He was an active member of the United Bermuda Party way back in a universe far away, in the 1970s and 1980s I think it was, but clearly someone who was passionate about public service and thos e things which affected the community. I know the Honourable Member Patricia Gordon- Pamplin and the Honourable Member Cole Simons would like to be associated with those condolences. But I would ask that the condolences be sent to the family for Mr. Benbow and his contribution to this community. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Dr. Gibbons. The Chair will now recognise the Honourable Member from constituency 21, MP Rolfe Commi ssiong.
Mr. Rolfe CommissiongThank you, Mr. Speaker. Mr. Speak er, as you know, last year this time I was putting forth my take note motion to this House that talked about the role of technology in this society, its impact on our labour market and, more broadly, our economy. I also called for …
Thank you, Mr. Speaker. Mr. Speak er, as you know, last year this time I was putting forth my take note motion to this House that talked about the role of technology in this society, its impact on our labour market and, more broadly, our economy. I also called for a national effort to get more Bermudians involved in STEM [ Science, Technology, Engineering and Math] and STEAM [ Science, Tec hnology, Engineering, Arts and Mathematics ] learning, and to get more young Bermudians learning how, for example, to code. And I thought that this was the direction we needed to go. I am very happy today to commend Ms. Cora Wells, who is the [stepmother] of Nahki Wells, and her husband [Michael Wells]. They have opened a new tech centre. It is a commercial operation. They have shown their entrepreneurial tal ents here. It is called ConnecTech. And it is on Cedar Avenue in Hamilton. It is going to be a facility that is [much] needed in the country, and is also a facility that is going to provide a venue which besides entrepreneurs and others who are involved in the industry can utilise the facilities here, it is also going to be a facility that is going to be a place [where] young people can get immersed in STEM and STEAM learning, typically as it revolves around information and communications technology.
Bermuda House of Assembly So I am very happy about that. I am very pleased that Nahki and his family have made this bold and necessary step. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 35. MP Dennis Lister, you have the floor. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I rise to ask this Honourable House to join me in sending condolences to the family …
All right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 35. MP Dennis Lister, you have the floor. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I rise to ask this Honourable House to join me in sending condolences to the family of the young Judah Burchall. Mr. Speaker, you know he was the young man who was funeralised earlier, having lost his life recently in a tragic bike accident. Mr. Speaker, I know his family very well, as they are a very well -established family, the Gibson/Pearman family. And it was so moving, Mr. Speaker, to attend his funeral and se e the impact that this young man, at 17, had had on his peers. All of those present, Mr. Speaker, would have felt the emotion and love that his peers and others had for him, in that he had made a very positive contribution, not only in his immediate commun ity and family, but also in his church comm unity. He was involved in two different church comm unities, Mr. Speaker, the church that his mother attended and also a youth group in another church. And both of those groups spoke extremely highly of him and the impact that this loss will have in their pr ogrammes, Mr. Speaker. He was very committed to his music. He played music in groups of vignettes, youth organis ations, Mr. Speaker, and he was very, very spiritual as well in his commitment to the church. His loss will truly, Mr. Speaker, have an impact on his peers, his church, and his family. So I ask this Honourable House, and I think the Member from constituency 28, MP Sousa, would like to be associated with those r emarks, Mr. Speaker. But my condolences go out to his mother, Ms. Lori Burchall, and his grandmother and his aunts and family, because it is a very close- knit family, Mr. Speaker. And we ask that this Honourable House consider them during this time of their loss. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Deputy Speaker. Ms. Roberts -Holshouser, you have the floor.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker. I would like the House to send congratulations to not just one person, but to an entire team. The individual, if I could pick, but I say not the one, would be Tara Curtis. She is the Executive Director for Ber-muda Cancer and Health, and the …
Thank you, Mr. Speaker. I would like the House to send congratulations to not just one person, but to an entire team. The individual, if I could pick, but I say not the one, would be Tara Curtis. She is the Executive Director for Ber-muda Cancer and Health, and the Relay for Life event was an astronomical event. The goal, or the target, was to raise $7 million. And, Mr. Speaker, I believe that most of us have had our lives touched by individuals who have experienced the trials and turmoil of cancer. Bermuda Cancer and Health and their e ndeavours to give Bermudians the opportunity to not only educate themselves, but to help them through the trauma of having cancer, their efforts were, I believe, well paid off when it came to Relay for Life. I know I walked in the wee hours of the mor ning under the light of the moon. Activities were con-tinuing throughout the night, Mr. Speaker. And I know after I did my rotations of circles, I was feeling a little bit dizzy, myself. But, Mr. Speaker, enough cannot be said about the numbers of individuals who volunteered their time to make sure that that event, that relay, took place. Most of us would not understand or see any hiccups that might have occurred. But I am sure that there were. I extend our gratitude for what Bermuda Cancer and Health are doing for the co mmunity as a whole, for individuals specifically. Enough cannot be s aid. And I encourage them in their fundraising e ndeavours throughout the coming year. May individuals continue to donate towards such a worthy cause. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Would any other Honourable Members care to speak? There are no other Honourable Members who care to speak. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThe Chair will recognise the Honourable Minister Patricia Gordon- Pamplin. [Inaudible interjection]
The SpeakerThe SpeakerIn her place, I will recognise the Mini ster for Health and Seniors, Minister Jeanne Atherden. 1946 3 June 2016 Official Hansard Report Bermuda House of Assembly FIRST READING MARRIAGE AMENDMENT ACT 2016 Hon. Jeanne J. Atherden: Mr. Speaker, I am intr oducing the following Bill for its first reading …
In her place, I will recognise the Mini ster for Health and Seniors, Minister Jeanne Atherden. 1946 3 June 2016 Official Hansard Report
Bermuda House of Assembly FIRST READING
MARRIAGE AMENDMENT ACT 2016
Hon. Jeanne J. Atherden: Mr. Speaker, I am intr oducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: Marriage Amendment Act 2016.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. 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 SpeakerOrders No. 1 and 2 are carried over. So we move to Order No. 3, which is the Hamilton Sewerage Amendment Act 2016, in the name of the Minister of Home Affairs [sic] . Yes, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker , …
Orders No. 1 and 2 are carried over. So we move to Order No. 3, which is the Hamilton Sewerage Amendment Act 2016, in the name of the Minister of Home Affairs [sic] . Yes, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker , I move that the Bill entitled the Hamilton Sewerage Amendment Act 2016 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? The Clerk: I am a little confused. Minister of Home Affairs?
The SpeakerThe SpeakerIt says Minister [of Home Affairs], but this should be . . . I am now being told that it should be the Minister of Economic Development. [Inaudible interjection] Dr. the Hon. E. Grant Gibbons: There is no Junior Minister.
The SpeakerThe SpeakerYes. All right. So the Chair recognises the Mini ster. [Inaudible interjections] The Clerk: I am confused.
The SpeakerThe SpeakerHonourable Members, any Minister can bring any Bill at any time! The Clerk: I understand, Mr. Speaker, but I am just trying to seek some clarification.
The SpeakerThe SpeakerI know, Madam Clerk. I understand why are you are raising it, Madam Clerk. Thank you. The Chair will recognise the Minister for Ec onomic Development, who is bringing this Bill, and not the Minister of Home Affairs. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker . Perhaps …
I know, Madam Clerk. I understand why are you are raising it, Madam Clerk. Thank you. The Chair will recognise the Minister for Ec onomic Development, who is bringing this Bill, and not the Minister of Home Affairs.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker . Perhaps I should apologise for the confusion here. But there is no Junior Minister for Municipalities in the House. And the Premier had asked me to take this one up.
The SpeakerThe SpeakerAll right. Thank you. Thank you. Dr. the Hon. E. Grant Gibbons: And perha ps I should say it is with some delicacy and trepidation that I will wade into this particular order. [Laughter] BILL SECOND READING HAMILTON SEWERAGE AMENDMENT ACT 2016 Dr. the Hon. E. Grant Gibbons: Nevertheless, I …
All right. Thank you. Thank you. Dr. the Hon. E. Grant Gibbons: And perha ps I should say it is with some delicacy and trepidation that I will wade into this particular order.
[Laughter]
BILL
SECOND READING
HAMILTON SEWERAGE AMENDMENT ACT 2016
Dr. the Hon. E. Grant Gibbons: Nevertheless, I am pleased to introduce the Bill entitled the Hamilton Sewerage Amendment Act 2016. Mr. Speaker, this Bill seeks to amend the Hamilton Sewerage Act 1917, which I will refer to as “the Act ,” to expressly provide for sewerage taxes to be imposed by rating ordinances under the Municipal ities Act 1923 and to allow for such taxes to be i mposed on valuation units that are inside and outside the municipal area of the City of Hamilton, if those valuation units are connected to the Corporation’s sewage system. Mr. Speaker, honourable colleagues ma y recall that the Minister responsible for Municipalities i ntroduced amendments to the Municipalities Act 1923 that required the Corporation of Hamilton to draft an assessment management plan in consultation with the Ministry of Public Works.
[Inaudible interjection s]
[Gavel]
The SpeakerThe SpeakerListen, please, Honourable Members. I am having difficulty hearing. Bermuda House of Assembly Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Yes, thanks, Mr. Speaker. The Corporation of Hamilton’s asset management plan identified an urgent need to implement a budget for capital upgrades and/or capital replac ement components to the …
Listen, please, Honourable Members. I am having difficulty hearing.
Bermuda House of Assembly Dr. Gibbons.
Dr. the Hon. E. Grant Gibbons: Yes, thanks, Mr. Speaker. The Corporation of Hamilton’s asset management plan identified an urgent need to implement a budget for capital upgrades and/or capital replac ement components to the sewage system to ensure that the City of Hamilton and those connected to the system would have their sewage needs met in the future. Mr. Speaker, the sewage system m anaged and operated by the Corporation of Hamilton plays a critical role in the processing of sewage waste, for the benefit of Bermudians and visitors alike. For example, every household in the Island that has a cesspit pumped out has the contents deposited in the Go vernment’s waste facility at the Tyne’s Bay site, which is directly connected t o the Corporation’s sewage sy stem. In addition, the Mary Victoria and Prospect hous-ing facilities, as well as CedarBridge Academy, are all connected to the Corporation’s sewage system at the Tyne’s Bay facility. Mr. Speaker, in addition to all the properties within the city limits, there are 34 properties outside the municipal boundaries that are currently connected to the sewage system and paying a connection charge to use the Corporation’s sewage facilities. These properties extend to the west of the city and include the Berkeley Institute, the Fairmont Hamilton Princess Hotel, and most of the properties along Pitts Bay Road as they enter the city boundary. Connected properties also extend to the east along Crow Lane to the Bermuda Underwater Expl oration Institute, including Fidelity, as well as the King Edward Memorial Hospital. Mr. Speaker, it should be noted that the City of Hamilton generates approximately 45 per cent of the total sewage in the system. The remaining 55 per cent is from the properties outside the city boundaries. Mr. Speaker, as a result of the required se wage infrastructure capital expenditure identified by the asset management plan, the Council of the Corpor ation of Hamilton, upon recommendation by their Infr astructure Committee, resolved to exercise the prov isions in the Hamilton Sewerage Act 1917 to impl ement a sewerage tax. The sewerage tax is to be assessed on every valuation unit connected to Hamilton Corporation’s sewage system within the city limits, as well as those connected valuation units that extend beyond the municipal boundaries to ensure that those who use the services contribute to the capital costs and the required upgrades of the service provided. To this end, the Corporation of Hamilton r esolved to approve a Sewerage Tax Ordinance in 2014. In progressing the ordinance through the legi slative consultation process, it was determined that making amendments to the Hamilton Sewerage Act 1917 would provide clarity to the Act and outline the authority for a sewage rate ordinance to collect that tax. Mr. Speaker, to be very clear, none of the revenue generated by the new tax will be used in the ongoing operations of the sewage system, which is accounted for in the Corporation’s annual budget. For the 2016 fiscal year, the operations budget —as o pposed to the capital budget —the operations budget for the Corporation’s sewage system is $778,000. Mr. Speaker, given the advancing age of many parts of the Corporation’s sewage system and the limited capital funds available from existing rev enue streams, the Corporation of Hamilton envisions an increasing risk of failure to one or more components of the system if the capital requirements and necessary upgrades are not addressed. This risk i ncreases significantly year on year, and could pote ntially result in major problems for those connected to the sewerage system. Depending on which component fails, the result could range from a major ecological and social disaster, with sewage being released on the shoreline or along major arteries of business, or worse, the dumping of hundreds of thousands of gallons of raw sewage daily into Hamilton Harbour. Alternatively, a major failure could result in a complete shutdown, requiring CedarBridge Academy, the Berkeley Institute, the judiciary, government of-fices, the legislature, international business, residents, and visitors to stop using any of the sewage facilities connected to the Corporation’s system. Mr. Speaker, against that rather unpleasant scenario, the Corporation has advised that approval of a sewerage tax is critical to ensure the future viability of the City of Hamilton’s sewerage system. It should be noted that the 1917 Act limits the maximum sewe rage tax rate to $0.25 per 100 dollars of the annual rental value of the valuation unit. This means that the proposed sewerage tax bill for users of the system will be quite modest. For example, properties valued at a $30,000 ARV (annual rental value), which would i nclude an average residential or small business property, will realise a maximum charge—and that is i mportant to say, a maximum charge— of $75 per annum. A larger commercial property valued at an ARV of, say, $100,000 would realise a per annum charge of $250, a maximum charge of $250. The total annual revenue anticipated by the Corporation under the proposed sewerage tax is est imated to be approximately $400,000 per year. Thank you, Mr. Speaker. I now invite other Honourable Members to contri bute. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Chair will now recognise the Shadow Minister for Home Affairs, the Honourable Member from constituency 15. MP Walter Roban, you have the floor.
Mr. Walter H. RobanThank you, Mr. Speaker . 1948 3 June 2016 Official Hansard Report Bermuda House of Assembly Thank you, Honourable Minister, for that presentation, and I will at least thank you that I do have a copy of the brief, as well, provided. We on this side do hope that any …
Thank you, Mr. Speaker . 1948 3 June 2016 Official Hansard Report
Bermuda House of Assembly Thank you, Honourable Minister, for that presentation, and I will at least thank you that I do have a copy of the brief, as well, provided. We on this side do hope that any further confusion as to who has responsibility of what on the Government’s side is cleared up so that we all can operate efficiently, b ecause we were under the impression that someone else would be carrying this Bill.
Mr. Walter H. RobanBut putting that aside, Mr. Speaker, there is no real object ion to this Bill in what is attempting to be done. The handling and managing of sewerage is important to us all, and we are ensuring that such things are handled with the greatest of care. And as the …
But putting that aside, Mr. Speaker, there is no real object ion to this Bill in what is attempting to be done. The handling and managing of sewerage is important to us all, and we are ensuring that such things are handled with the greatest of care. And as the Minister’s brief has outlined, the City of Hamilton, unbeknownst to perhaps most of us, car-ries a heavy responsibility of managing that process for other parts of the Island, not just for itself. As the Minister mentioned in his brief, processes that are connected with the Mary Victoria Road and areas of Prospect and Devonshire are pushed through their system, as are outer skirts of Pembroke and large areas that, in the past 30 –40 years, have experienced substantial development, are now being pushed through the Hamilton system. And it is clearly putting a press ure on the i nfrastructure. And certainly, as someone who had some former responsibility for municipalities, I am acutely aware of some of the infrastructure challenges the City of Hamilton has. It has infrastructure that is very old. Much of it needs to be seriously upgraded. And the continuing pressure with development as it has happened over the past 40 years clearly has put a stress on that system. This Bill, as the Minister has outlined, is to bring further clarity as to how this system is going to operate and is going to be connecting those who are using the system, who are not within the principal bor-ders of what is considered to be the City of Hamilton, who are currently using it. They now are going to be able to be levied with this new sewerage tax. And we do not see any difficulty in that, in light of the purpose, hopefully, that some of this revenue being raised will go to advancing this infrastructure further. But we do have some questions, Mr. Speaker. And some of those questions are the followi ng: How many units or how many valuations, because it is normally based on certain values, how many are g oing to be impacted by this new sewerage tax? With the revelation that CedarBridge and other large facil ities, which are not within the borders of the City of Hamilton, are using [the system], are they going to now be levied with the new tax? That means that the Government essentially will be paying a new tax to the Corporation. The units that are administered by the BHC [Bermuda Housing Corporation] up in Prospect and elsewhere, are they going to be levied with a new tax? And how many residential units will actually be levied over the commercial? Clearly, there are a lot of new larger buildings that are outside the City of Hamilton, such as on Pitts Bay [Road], and such as described in the Minister’s presentation. How many of them are going to be levied with the new tax? So I think those are some questions that need to be answered, because we are concerned that some of the less, perhaps —the residential persons who are on the outskirts of the City of Hamilton are going to have an additional expense. We are concerned about that, and some of my honourable colleagues on this side, who have constituents in that area, did raise that point with me. And I think it is important that we have an answer as to how many of them are going to be levied with any possible new tax. We understand that if they are connecting up and benefiting from the city’s system, then they have some responsibility to contribute to its upk eep. That is not a difficult concept to understand, Mr. Speaker. But we are concerned, with these serious economic times, where some of these households are challenged with just general income, that they are being levied with a tax. So we would like to kno w, what is going to be the balance of residential versus commercial units that are going to be impacted? Potentially, if it is possible, how much might the average residential unit be pa ying? So that we can get a picture as to, ultimately, how this is going to operate as a new tax. We generally do not have any real objection to what the Corporation is doing. We are clearly aware, Mr. Speaker, in this House, of the financial challenges that the Corporation has been confronted with due to some matters which they have been pr esented with over the past couple of years. The Corp oration has found itself in a serious revenue crunch, and they are doing many things to raise new money to cover some of the losses of some activities that have been quite well publicised, Mr. Speaker, in the media. So we understand that, too. But we are concerned about how this new tax, just for clarity, because we are not objecting to it in the main, because we understand that handling of se wage is a serious matter and should be handled with care. And in light of the City of Hamilton carrying such a substantial burden, larger than its own principal j urisdiction, to the management of that system, they should be able to make appropriate investment to en-sure its upkeep, to ensure its maintenance, and that it operates for the benefit of all concerned. So with that, Mr. Speaker, I will sit down. But I do hope that the Minister, the Honourable Member for constituency 22, is able to present some . . . answer some of the questions that we presented. And of course, I am sure other Members on this side will have something to say about this important matter. Thank you.
Bermuda House of Assembly The Speaker: All right. Thank you, Honourable Member. Would any other Honourable Members care to speak? The Chair will recognise the Honourable Member from constituency 35. MP Dennis Lister, you have the floor.
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, naturally, we support the need to ensure that the infrastructure for the sewage is capable of carrying the sewage that is delivered through it, because we would not want to have any of the infr astructure breaking down and being impacted by the negative situations that could arise, as indicated by the Minister when he was on his feet. So we support that. Mr. Speaker , I rise to my feet not to speak to that piece of it, but to speak to the end piece of it, in that we all understand that the sewage is pumped through the system down to the yellow building that they have got on Front Street there, which is simply a screening unit that screens it out, and then it goes out to off of South Shore. Mr. Speaker, my question to the Minister would be, Is Government concerned about that being the standard practice that we continue? And what efforts are being made to ensure that we modernise how we dispose of the sewage? The practice of just simply screening it and pumping it out at sea is long past its shelf life, in my opinion, Mr. Speaker. And, Mr. Speaker, I must admit, as a former Minister of the E nvironment, I became the Minis ter of the Environment when that facility was opened. And I was newly in the job when it was opened. And I went down there, Mr. Speaker, with my environmental interest that I have had for a long time, with that hat on, expecting to find something that was really state- of-the-art, up -to-date, a proper treatment facility, rather than just a screening facility. So I was greatly dismayed, Mr. Speaker, when I found out it was simply a screening facility and not a treatment facility. And I expressed that during my time, sitting across that side of the floor, Mr. Speaker. And I think, you know, real efforts and real interest must be given to ensure that in this day and age we move from purely just screening to treatment. And I want, as I said, to get an indication from the Minister as to whether or not he is aware of that, and any concerns that the current Government has in regard to seeing that we do come up with something that is state of the art, rather than simply continuing to pump it into the sea Because, Mr . Speaker, I am sure you can r emember, there have been occasions in the past when the wind just happened to be in the wrong direction when the pumping was taking place. And we have had particles show up on our beaches. We have had warnings from one of our consulates to their citizens about what was coming up on our beaches. Mr. Speaker, we should not have to go through that in this day and age. So surely, it is time that we start to give serious consideration to what would be state of the art and how we pro perly dispose of this. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Members care to speak? The Chair will recognise the Minister for Health and Seniors. Minister Jeanne Atherden, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. I guess where the Honourable Member left off is where I come in, in …
Thank you, Honourable Member. Would any other Members care to speak? The Chair will recognise the Minister for Health and Seniors. Minister Jeanne Atherden, you have the floor.
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. I guess where the Honourable Member left off is where I come in, in the sense that obviously, from our perspective, with putting my Health hat on, you know, we are always interested in the water quality. We are interested in things t hat we can do to improve the water quality. And you have heard me talk about it, and you will see at some point in time we will come here and we will talk about what I call “ fog”—fats, oils and greases. Because the other side of all of this is that we reco gnise that, as long as we have water screening rather than treatment, it is very important for us to turn around and reduce the type of things that could attract particles in the screened water and result in things that could be eliminated out into the ocean. But I do want to say a couple of quick things because I think it is important to just remind ourselves that . . . I too have been down to that yellow building. I decided that when I became a Minister, it was important for me to go down and walk through there and see. So I accept the fact that sewage treatment is the preferred result. In the meantime, until we get to that, what we are obviously trying to do is enhance the screening aspect of it. Because I think even though the Honourable Minister talked about where it comes from, I do not think most people recognise even places like condos —you know, you have your se wage, you have a requirement to have your cesspits pumped out on a regular basis. And that goes up to Tyne’s Bay. And it actually is, there i s a fee for that. And then it comes back down, and it goes through. So there is a process that we all do not rea lise. Although we talk about the people in Hamilton and the outskirts, the rest of Bermuda is all in there contributing to that. So the mere fact that the Corpor ation is trying to come up and improve the capital structure . . . and I want to say that this is something that the Corporation has been thinking about and talking about, and went back, as you can see, as the Minister said, from 2014 it has been talked about. Obviously, things like the hospital, they have their own sewage treatment down there. And so with respect to all of this, I think the Bill starts us on the path. And I do know that, from the point of view of the Corporation —I obviously cannot speak for them —but I know that there have been suggestions about treatment opportunities. One of the 1950 3 June 2016 Official Hansard Report
Bermuda House of Assembly dilemmas of a treatment opportunity is where. Where do you turn around and find a place? And I know things have been suggested. I have heard opt ions suggested of people coming forward and presenting buildings and saying, I can do that, and whatever else. But that is the type of thing that the Corporation will have to work its way through. But in the meantime, I think that at least this Sewerage A mendment Act deals initially with what I call the immediate short term. And then, while the Corporation itself works on the longer term, I think we can be at least appreciative of the fact that we are trying to keep it at the lowest level possible. And in the meantime, it continues to be worked on. And I am sure that the substantive Minister who is going to be talking about that will talk about other things other than the fact that, at some point in time, as I say, as the Minister, you will see me bringing to this House a Bill relating to fats, oil and greases, which is our way of making sure that the restaurants out there reduce the amount of fats, oil and grease, which comes out into the stuff that gets pumped through the stations, because those are the th ings that cause the problem. So, Mr. Speaker, I just wanted to provide a li ttle bit of additional background as it relates to the why and the wherefore, and support the Minister. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Minister. Would any other Honourable Members care to speak? Then the Chair will revert back to Minister Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I thank Honourable Members for their contributions and appreciate—I know the Corporation does appreciate t heir …
All right. Thank you, Minister. Would any other Honourable Members care to speak? Then the Chair will revert back to Minister Dr. Gibbons.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I thank Honourable Members for their contributions and appreciate—I know the Corporation does appreciate t heir support for this. I was getting a little worried when the Honourable Member across the way here was talking about handling sewage. But I am sure he meant that met aphorically as opposed to any other way. [Laughter]
Dr. the Hon. E. Grant Gibbons: I think it is important to stress again that what we are talking about here is a tax to provide a capital revenue base for upgrades of capital infrastructure for the sewage system, going forward. Basically, anybody who is connected now is already paying eithe r a connection fee or, as part of their corporation tax, an assessment for sewage within that. That is for operational work. And the Honourable Member from constit uency 15 did ask me the number of properties that are connected. And I do have a breakdown f rom the Corporation. There are roughly 2,300 valuation units within the city that will be paying. In addition, there are some 35 properties, valuation units if you like, outside the city. That breaks down into 28 commercial and 7 residential. A good exampl e of the commercial would be the Princess Hotel down there. Government is probably the largest contrib utor towards the overall system. And as I said, when you look at the actual $0.25 per $100 that is the maximum —and my understanding is that the Corpor ation probably will not be using the maximum figure here, but something short of that, but we will have to see when the ordinance comes through— the max imum we would be looking at for a $30,000 AVR would be something on the order of $75 per year; a larger comm ercial property of $100,000 ARV, something on the order of $250 per year. So we are talking about fairly modest amounts here contributing towards this essentially budgeted fund, which will be essentially offset so it does not get used for other purposes. I think the other point I was going to make was . . . so I think that those who are currently in go vernment residential units —Mary Victoria and Prospect—are already paying probably in their rent some sort of an assessment for the sewage connection. And I think what gets passed on from Government would still need to be negotiated, depending on what rate the Corporation comes through with and what rate the Government negotiates with the Corporation in terms of that connection outside the city limits. But I think, based on the numbers I have seen, it looks pretty modest. And I do not think an ybody is going to really notice it, although I know some people are on a pretty tight budget. Mr. Speaker, just on the broader question, which obviously is on a lot of our minds, and that is how we deal with sewage and the fact that it is pumped out off of Seabright. Part of the funds that will come from this (as it were) capital fund will go to bas ically upgrading that particular structure. It is, I think, some 30 years old in certain places right now. And I think they have done an assessment, and there needs to be some work done there so we do not have that issue closer to shore. I think we would all agree that we are not handling sewage in the best possible way now. The Corporation has certainly been looking at the cost of a sewage treatment facility. Depending on the degree of treatment, the numbers range anywhere from $20 mi llion to $60 million. As my honourable colleague said, there also is the issue of where you sit e such a facility, as well. We all know that no one wants that in their backyard, as it were, so there are issues there. I think it is also important to recognise the Corporation has already been putting capital into sewage upgrades, not as much as they w ould like. But I think they recently put some $6 million into a new pumping facility down here, which is clearly i mportant in terms of moving the stuff along. So I think this particular approach will put the Corporation in a better state in terms of addressing the capital infrastructure upgrades. I appreciate supBermuda House of Assembly port from Honourable Members for that. But I think that bigger question is out there as to how we deal with the amount of sewage we are generating. The hospital is a good citizen in this respect. T hey do treat their sewage. So they are providing some dilution rather than additional substance, as it were, to what goes out off of Seabright. Mr. Speaker, with those few comments, I move that the Bill be committed.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Minister. The Minister has moved that the Bill be committed. Are there any objections to that? There are none. It looks like, Honourable Members, it is very close to 12:30. So I think it would make sense that, what I would like for …
All right. Thank you. Thank you, Honourable Minister. The Minister has moved that the Bill be committed. Are there any objections to that? There are none. It looks like, Honourable Members, it is very close to 12:30. So I think it would make sense that, what I would like for us to do is go into Committee. And then when we come back after lunch, we go directly into Committee.
ANNOUNCEMENT BY SPEAKER
HOUSE VISITOR
The SpeakerThe SpeakerSo I would like to ask that the Deputy Speaker . . . and just before she comes, I notice in the Galler y there one of our former Ministers, Arthur Hodgson, former Minister in this Parliament. [Desk thumping]
The SpeakerThe SpeakerAnd he has two distinguished guests with him, but he did not send me the e- mail to let me know who they were. He really did not do his j ob. Deputy, take the Chair, please. [Inaudible interjection]
The SpeakerThe SpeakerYes, my former running mate. [Pause] House in Committee at 12:27 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL HAMILTON SEWERAGE AMENDMENT ACT 2016 The Cha irman: Members, we are now in Committee of the whole House for further consideration of the Bill entitled Hamilton Sewerage Amendment Act 2016. …
Yes, my former running mate.
[Pause]
House in Committee at 12:27 pm
[Mrs. Suzann Roberts -Holshouser, Chairman]
COMMITTEE ON BILL
HAMILTON SEWERAGE AMENDMENT ACT 2016
The Cha irman: Members, we are now in Committee of the whole House for further consideration of the Bill entitled Hamilton Sewerage Amendment Act 2016. I call on the Minister in charge. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, I am in your hands here. Do you want me to move the clauses at this point? Or simply suggest that we break for lunch?
The ChairmanChairmanI would suggest that we break for lunch. Dr. the Hon. E. Grant Gibbons: Do you want me to make that motion, or the Premier?
The ChairmanChairmanThank you, Honourable Minister. Now I will call on the Premier. Dr. the Hon. E. Grant Gibbons: Thank you. Hon. Michael H. Dunkley: Thank you, Madam Chairman. I move that we now adjourn for lunch this afternoon.
The ChairmanChairmanIt has bee n moved that we break for lunch. We will resume at two o’clock. [Gavel] Proceedings suspended at 12:28 pm Proceedings resumed at 2:00 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL HAMILTON SEWERAGE AMENDMENT ACT 2016 [Continuation thereof]
The ChairmanChairmanGood afternoon. We resume in Committee for further debate on the Bill entitled Hamilton Sewerage Amendment 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 would like to …
Good afternoon. We resume in Committee for further debate on the Bill entitled Hamilton Sewerage Amendment 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 would like to move all the clauses, which are clauses 1, 2, and 3 of the Hamilton Sewer age Amendment Act 2016.
The ChairmanChairmanIt has been moved that we move clauses 1 through 3. Are there any objections to that motion? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you , Madam Chairman. As we heard before lunch, thi s Bill amends the Hamilton Sewerage Act 1917 to expressly provide …
It has been moved that we move clauses 1 through 3. Are there any objections to that motion? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you , Madam Chairman. As we heard before lunch, thi s Bill amends the Hamilton Sewerage Act 1917 to expressly provide 1952 3 June 2016 Official Hansard Report
Bermuda House of Assembly for sewerage taxes to be imposed by rating Ord inances under the Municipalities Act 1923, and to a llow for such taxes to be imposed on valuation units that are inside and outside the municipa l area of the City of Hamilton if those valuation units are connected to the Corporation’s sewerage system. Clause 1 is the citation. Clause 2 amends the definition of “the sewerage district” in section 1 of the Hamilton Sewerage Act 1917 to clarify that premises outside the municipal area of the City of Hamilton are also in the sewerage district if they are connected to it. Clause 3 inserts section 22A into the Hamilton Sewerage Act 1917. Subsection (1) of that section makes it clear that a sewerage tax is a “rate” as defined in the Municipalities Act 1923, and expressly provides for imposing sewerage taxes by means of rating Ordinances under that Act. Subsection (2) pr ovides that, for the purposes of such rating Ordinance, any valuation unit that is inside or outside the munic ipal area of the City of Hamilton but is connected to the sewerage system may be assessed and a sewerage tax or special sewerage tax imposed thereon. The provisions of the Municipalities Act 1923 relating to the assessment of annual rental value for the purposes of imposing sewerage taxes, and the imposition of those taxes, shall be construed as if the valuation unit were within that municipal area. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any Members that would l ike to speak to clauses 1 through 3? The Chair recognises the Member from constituency 15, Mr. W. H. Roban. You have the floor.
Mr. Walter H. RobanThank you, Madam Chairman. Just a question as it relates to 22 . . . well, clauses 2 and 3. With this extension of the ability, as it is stated with the new definition going in, which would extend the latitude upon who can be taxed and those which, as …
Thank you, Madam Chairman. Just a question as it relates to 22 . . . well, clauses 2 and 3. With this extension of the ability, as it is stated with the new definition going in, which would extend the latitude upon who can be taxed and those which, as it says, that are connected to the sewage system, has the Government already estimated how much additional revenue will be collected based on what it is now? The Minister in the initial debate did sort of clarify that they are collecting from certain parties within, but now that they are going to be able to collect from outside, how much additional —and even if there are some parties outside which are already paying a fee—but how much additional revenue is going to be collected as a result of this change, based as it is in clauses 2 and 3?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you and I appreciate the question. As we were saying before lunch, those within the municipality are already essentially paying for the sewerage service as part of their normal corporation assessment tax. There are those …
Thank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you and I appreciate the question. As we were saying before lunch, those within the municipality are already essentially paying for the sewerage service as part of their normal corporation assessment tax. There are those currently outside the municipality who are connected and are paying a connection fee, but that is, as we said, for operational . . . supporting the sewer system. As the Honourable Member will be aware, what this does is it sets up a . . . under the original 1917 Act the fact that the sewerage tax can be applied as a rating Ordinance. In many respects, this is sort of housekeeping. This is just clarifying that you can do this and the way you will do that is to set up a separate rating Ordinance to do this. Those inside will pay the tax and that will be based on the valuation under the $0.25 maximum per $100.00. Those outside, which is really what this is doing just to make sure that they can be included and who are connected will also be paying the same sewerage tax based on valuation or based on negotiation. And I say that because the Government is the princ ipal large outside (as it were) contributor to the system and that will probably be a negotiated rate, as I under-stand from the Corporation. In answer to the question as to how much money this tax will raise, which is specifically for and will be ring -fenced for capital upgrades and capital improvements to the sewerage system, the answer to that is roughly $400,000, at a rate of about $0.20 per $100.00. They can charge, as we said, up to a max imum of $0.25, but I think as I understand it, the Corporation is now aiming at $0.20, which is slightly below the maximum that they are allowed to charge u nder the Act. So hopefully that answers the question.
The C hairman: Thank you. Are there any other Members that would like to speak to clauses 1 through 3? There are no other Members. Minister?
Dr. the Hon. E. Grant Gibbons: Thank you , Madam Chairman. Let us see, at this point I move that clauses 1 through 3 be approved as written.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 3 passed.] Dr. the Hon. E. Grant G ibbons: I move the preamble. Bermuda House of Assembly The Chairman: It …
It has been moved that clauses 1 through 3 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: Clauses 1 through 3 passed.] Dr. the Hon. E. Grant G ibbons: I move the preamble.
Bermuda House of Assembly The Chairman: It has been moved that the preamble be approved. Are there any objections to that motion? No objections. Agreed to.
[Gavel] Dr. the Hon. E. Grant Gibbons: Madam Chairman, I move that the Bill be reported to the House as printed. Thank you.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Hamilton Sewerage Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] [Pause] House resumed …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Hamilton Sewerage Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] [Pause]
House resumed at 2:08 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT ON BILL
HAMILTON SEWERAGE AMENDMENT ACT 2016
The SpeakerThe SpeakerThank you, Honourabl e Member s. The Hamilton Sewerage Amendment Act 2016 has been approved as printed. This morning, if you remember, I had ind icated to the House that the Premier would be coming in later in the day. So at this time we will give the Premier the …
Thank you, Honourabl e Member s. The Hamilton Sewerage Amendment Act 2016 has been approved as printed. This morning, if you remember, I had ind icated to the House that the Premier would be coming in later in the day. So at this time we will give the Premier the opportunity t o give his Statement. As I told Members, I would allow 15 minutes for there to be any questions. Also, there were on the Order Paper two questions for the Premier, which the questions —now I am not seeing them . . . from MP Commissiong. So those were all q uestions . . . MP Commissiong is not here, so Premier if you would read your Statement first.
STATEMENTS BY MINISTERS OR JUNIOR MINISTERS
NEW YORK RECOVERY AND RESILIENCE LEA DERSHIP FORUM
Hon. Michael H. Dunkley: Thank you, Mr. Speaker , and thank you for the consideration. Mr. Speaker , this afternoon I am pleased to share with this Honourable House details of the visit to New York to participate in the Recovery and Resi lience Leadership Forum at the New York Stock E xchange. The Forum was hosted by RenaissanceRe, one of Bermuda’s larger home- grown insurance and reinsurance companies. The Forum was held to discuss the r ecovery of lower Manhattan from Hurricane Sandy, the deadl iest and most destructive hurricane of the 2012 Atlan-tic hurricane season, and the lessons that have been learned since that October day. This was the latest in a series of invitation- only risk miti gation leadership forums —I believe it was the eleventh, Mr. Speaker — which brings together academics, scientists, conservationists, and public and private sector represent atives to advance risk mitigation efforts and awareness. The event seeks to achieve the following goals: 1. To identify key factors relating to preserving life and safety as well as the economic i mpacts of national disasters; 2. To engage with leading public policymakers who have to manage catastrophic risk in rel ation to societal needs; 3. Explore current initiatives in the areas of buil ding mitigation, hazard mitigation, and risk f inancing, as well as how these initiatives can be commercially and economically deployed to mitigate risk; 4. Explore and promulgate the best scientific r esearch relating to the risk of natural perils and how they may be mitigated or avoided; and f inally 5. To create an environment of exchange so that participants can exchange ideas and capita lise on insights generated at each event.
Mr. Speaker , I was accompanied on this trip to New York by special aide to myself, Ms. Jannell Ford. Before the Forum began I took the opportunity to meet with the former New York City Mayor, Michael Bloomberg, who has always been a friend to Bermuda. We met at his office and we discussed matters ranging in scale from international geopolitics to current events in Bermuda. Former Mayor Bloomberg expressed his continued support for the Island as did generally everybody we met in New York City this past week. Our special relationship with the United States dates back 400 years, Mr. Speaker , and it is encouraging to know that our sense of partnership is reciprocated. After our discussions had concluded I was joined by Mr. Brad Kading, President and Executive Director of ABIR, and Stephen Weinstein, the G eneral Counsel of RenaissanceRe here in Bermuda. Both men worked in the Island’s insurance and reinsurance industries for a number of years and are widely r espected for the parts they have played in the indus-try’s development. 1954 3 June 2016 Official Hansard Report
Bermuda House of Assembly Mr. Kading, Mr. Weinstein, and I met with the editorial writers of Bloomberg News and the Wall Street Journal to outline and update the many ways in which Bermuda acts as an economic centre of activity for the global community. We spoke to the writers about the success of Bermuda’s international insur-ance and reinsurance industry as well as the strong regulatory framework Bermuda has put in place. Each of us expressed our deeply held confidence in Bermuda and the ways in which she provides a positive environment for business development. And finally, Mr. Speaker , it was my privilege on behalf of Bermuda to participate in the ringing of the closing bell at the New York Stock Exchange yesterday afternoon together with the representatives of RenaissanceRe. Mr. Speaker , the Forum was well attended. Among those present were Samantha Medlock, Senior Advisor at the White House Office of Management and Budget; and Katherine Greig, the Deputy Director at the New York City Mayor’s Office of Recovery and Resilience. Former Congressmen Tom Feeney and Steve Bartlett also attended. The Forum was a powerful meeting of minds and a synergy of shared experience and certainly a remarkable opportunity to trade insights and to co nnect with others who have endured and overcome significant natural catastrophes. As every Bermudian knows too well, Mr. Speaker , our islands lie well within the mid- Atlantic thoroughfare known as “Hurricane Alley” and with the 2016 hurricane season starting the day before the Forum began, I am sure that there are many in Bermuda who have been listening to the predictions for the season, looking at satellite images, or watching the Weather Channel. Certainly, Mr. Speaker , for Bermudians pr eparedness is key. We are savvy people who tune up our generators and begin to stock up on batteries, flashlights, and storm supplies as the season opens. We know how to batten down the hatches and how to hunker down during the duration. And, of course, how to help each other and how to get back on our feet in short order. I told the Forum that Bermudians can tell you exactly where they were in 1987 during Hurricane Emily, or 2003 when Fabian struck us, or where they were on each of the occasions during the week in O ctober 2014 when Fay and Gonzalo visited Bermuda. The legacy of hurricanes has taught us much, and over centuries it has shaped how we respond to these perennial threats. We are very proud of the efforts to withstand the force of hurricanes through sensible preparation, storm safe architecture, and pragmatic building codes. Our pastel cottages with hallmark chimneys and white roofs may be a perfect picture, but they also provide highly secure shelters in the most ferocious storms. Our knowledge of hurricanes and the remarkably composed temperament that comes with it is a product for all our generations from the very beginning of our history. Mr. Speaker , while there is a degree of isol ation due to our location we are well recognised for our vibrant, local, yet international insurance industry. Bermuda plays a significant role in paying the cost of other people’s storms. Bermuda is a top- tier international financial centre that is respected worldwide thanks to the major companies who make their home in our jurisdiction, and these include some of the world’s largest reinsurers. Our preeminent companies, such as our Forum host, RenRe, have contributed a total of $3 billion in claims to those who lost their homes or businesses during Hurricane Sandy. And the companies paid 30 per cent of insured losses for Hurricanes Katrina, Rita, and Wilma in 2005, and helped to rebuild both the US Gulf and Florida coasts. In addition, they covered one- tenth of claims arising from the horrible events of 9/11 and were the first to settle those claims, Mr. Speaker . And over the past 15 years Bermuda insurers and reinsurers have paid an estimated $35 billion for US cat [ catastrophe] losses alone. So it is important to note that Bermuda companies such as our reinsurers are also well placed on the New York Stock Exchange as Listed Companies, meaning that we are home to those who meet the highest transparency standards. As I told the Forum, simply put, Mr. Speaker , Bermuda is not a place to hide money but to raise it. Bermuda is headquarters for the kind of companies that are willing to adopt and maintain the hig hest standards of compliance and i nternational cooperation. Our marketplace is dominated by companies listed on the very exchange in which yesterday’s Forum took place. Mr. Speaker , in my remarks to the Forum I stressed the strength of our connections with New York City. I focused on this relationship we had, such as with well -known chef, Marcus Samuelsson and his Red Rooster Harlem, [and] now he has a restaurant here at the iconic Fairmont Hamilton Princess Beach Hotel; our good friend Mayor Bloomberg; and the rel ationship we have with New York through business and travel, and the many Bermudians who participate in the events in New York City. And certainly our con-nections with the US go back centuries when shi pwrecked settlers from Bermuda sailed into Jamestown, Virginia with needed food supplies and manpower that they brought to friends and family, which effectively saved the first colony in America’s birt hplace. So, Mr. Speaker , the bond that Bermuda has with the US continues today. And, of course, I mentioned the America’s Cup next year. Mr. Speaker , later in the afternoon the Bermuda Government had the opportunity to play the short video, which was produced after Hurricane Gonzalo, during a networking reception with members of the international media and members who partic iBermuda House of Assembly pated in the Forum. Assembled by the Bermuda Tourism Authority, the video collated events during [Hurr icanes] Fay and Gonzalo and American news reports. The tone of the video certainly set a good standard for people in attendance who managed to have the op-portunity to [see] it. Mr. Speaker , if Members of the House have not seen the video I urge them to get a copy, and I would be happy to provide a copy for them to view. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Premier. QUESTION PERIOD
The SpeakerThe SpeakerRight, Mr. Commissiong is not here and so MP Burt, you had a question? QUESTION 1: OFFICIAL VISIT TO THE AUTON OMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. E. David BurtThank you very much, Mr. Speaker . Mr. Speaker , pursuant to Standing Order 17(9)(a)(vii) which I sent notice for when the Premier deferred Parliamentary Questions at our last day of sitting, therefore, I am asking the Premier to possibly answer the question that was posed to him two weeks …
Thank you very much, Mr. Speaker . Mr. Speaker , pursuant to Standing Order 17(9)(a)(vii) which I sent notice for when the Premier deferred Parliamentary Questions at our last day of sitting, therefore, I am asking the Premier to possibly answer the question that was posed to him two weeks [ago]. And that was the Premier undertook to come back to this House with the cost of his Government ’s trips to the Azores which was detailed in his Minist erial Statement. And pursuant to that Standing Order I am asking that the question be answered orally today.
The SpeakerThe SpeakerPremier? Hon. Michael H. Dunkley: Thank you, Mr. Speaker . Mr. Speaker , that cost was listed on the travel website probably about three days after the House session when we had all the expenses come in. But for the edificat ion of Honourable Member s who have not had …
Premier?
Hon. Michael H. Dunkley: Thank you, Mr. Speaker . Mr. Speaker , that cost was listed on the travel website probably about three days after the House session when we had all the expenses come in. But for the edificat ion of Honourable Member s who have not had the opportunity to look at the travel website, air travel was $7,901.15; ground transportation was $2,853.81; and accommodation was $2,498.19.
The SpeakerThe SpeakerThank you, Premier. Yes, MP Burt? SUPPLEMENTARIES
Mr. E. David BurtThank you very much, Mr. Speaker . My supplementary question is, are those expenses listed for the Premier himself or for the entire delegation of the Premier, the Honourable Attorney General, and then on the New York side the Honour-able Mi nister for Economic Development?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker , they do not include the Minister of Economic Development.
The SpeakerThe SpeakerAll right. Thank you. Yes, MP Burt?
Mr. E. David BurtYes, just my second supplementary, because I only had one more, Mr. Speaker .
Mr. E. David BurtHe said they do not include the Minister of Economic Development, so just to be clear, that does include the Attorney General and the Cabinet Secretary in the figures that he gave? Hon. Michael H. Dunkley: No. The Attorney General would be covered under his own Ministry, and I will …
The SpeakerThe SpeakerAll right. Thank you very much, Pr emier. Yes, MP Burt? QUESTION 1: www.gov.bm PORTAL
Mr. E. David BurtThank you very much, Mr. Speaker . Mr. Speaker , pursuant to Standing Order 17(9)(a)(vii) deferred answers from last week’s sitting, the Premier undertook to come back to the Hous e with the original contract value for the new www.gov.bm portal.
The SpeakerThe SpeakerPremier? Hon. Michael H. Dunkley: Mr. Speaker , the original contract value is $297,400 to open, and it is broken down in two sections: $81,400 and $216,000 which is a five -year maintenance.
The SpeakerThe SpeakerThank you, Premier. Yes, MP Burt? SUPPLEMENTARY
Mr. E. David BurtThank you very much, Mr. Speaker . Mr. Speaker , my supplementary question is — and I thank the Premier for his answer —can the P remier please explain the discrepancy between the fi gure which he provided to this Honourable House for the total cost of the project of …
Thank you very much, Mr. Speaker . Mr. Speaker , my supplementary question is — and I thank the Premier for his answer —can the P remier please explain the discrepancy between the fi gure which he provided to this Honourable House for the total cost of the project of $601,000 last week and then the figure that was released in the media a few days later, which was $700,000 a difference, a var iance, of over $100,000? Can the Premier please ex1956 3 June 2016 Official Hansard Report
Bermuda House of Assembly plain the reason for the difference between those two figures?
The SpeakerThe SpeakerPremier? Hon. Michael H. Dunkley: Yes, Mr. Speaker . The original question was the contract value for the new portal. I am sure the Honourable Member who has some interest in this area and also technical experience would know that there is more involved than just the contract for the …
Premier? Hon. Michael H. Dunkley: Yes, Mr. Speaker . The original question was the contract value for the new portal. I am sure the Honourable Member who has some interest in this area and also technical experience would know that there is more involved than just the contract for the new portal. In this case there was a contract that, I believe, was put out to a company call ed Partho, a Request for Proposal [RFP], and that was requirements gathering, RFP process and the portal design, and then also there are funds that have to be expended on new content for the portal. And so that is the difference between the two numbers.
Mr. E. David BurtThank you very much, Mr. Speaker . I thank the Premier for his answer and I will ask if the Premier would not mind submitting written answers on the full breakdown of those costs. If not, I can subm it a supplementary written question if he would like. Thank you.
The SpeakerThe SpeakerAll right. Thank you. Premier? Hon. Michael H. Dunkley: I am happy to give a breakdown for the cost, but as I offered two weeks ago, I am happy for the Honourable Member to speak directly to the director of that department and have all the questions answered he wishes.
The SpeakerThe SpeakerThank you, Premier. All right. MP Commissiong, I see you are here. So you had—
Mr. Rolfe CommissiongMy apologies, Mr. Speaker , to you and the Honourable Member s here, for my d elay. May I proceed?
The SpeakerThe SpeakerYes. QUESTION 1: 2016 CENSUS OF POPULATION AND HOUSING
Mr. Rolfe CommissiongWould the Honourable Premier please inform this Honourable House if this Government has any intention in c ompiling and quantifying on a routine and ongoing basis the necessary statistics on emigration from Bermuda beyond that provided by the 2016 Census?
The SpeakerThe SpeakerYes, Mr. Premier? Hon. Michael H. Dunkley: Not at this point, Mr. Speaker . I believe a five- year census provides information that is adequate.
The SpeakerThe SpeakerThank you, Premier. MP Commissiong?
Mr. Rolfe CommissiongHonourable Premier, will you not concede that, especial ly considering the gro wing emigration trend that albeit we have anecdotally been aware of, particularly to the UK, that may number in the hundreds over the last three years or so, that it may be efficacious of the Bermuda Government to …
Honourable Premier, will you not concede that, especial ly considering the gro wing emigration trend that albeit we have anecdotally been aware of, particularly to the UK, that may number in the hundreds over the last three years or so, that it may be efficacious of the Bermuda Government to find a way to compil e these types of statistics on a more routine basis?
The SpeakerThe SpeakerMr. Premier? Hon. Michael H. Dunkley: No, Mr. Speaker , I do not concede what the Honourable Member has said. If the Honourable Member goes back more than three years, perhaps goes back eight years, he will see emigration has been at reasonable levels since that time, and I think …
Mr. Premier? Hon. Michael H. Dunkley: No, Mr. Speaker , I do not concede what the Honourable Member has said. If the Honourable Member goes back more than three years, perhaps goes back eight years, he will see emigration has been at reasonable levels since that time, and I think it has something to do with the ability of Bermudians to gain another passport.
Mr. Rolfe CommissiongWell then, can the Premier give some guidance here? Do not the statistics that are compiled by the Immigration Census or by the Census really amount to nothing more than projections?
The SpeakerThe SpeakerPremier? Hon. Michael H. D unkley: Mr. Speaker , information that is gathered in a census is hard figures.
The SpeakerThe SpeakerThank you, Premier. Yes, Honourable Member ?
Mr. Rolfe CommissiongSecond question. B ermuda House of Assembly The Speaker: Yes. QUESTION 2: 2016 CENSUS OF POPULATION AND HOUSING
Mr. Ro lfe CommissiongWould the Honourable Premier please inform this Honourable House if it will be useful for the Department of Statistics to obtain upto-date data on emigration so that other Government departments have the data they need in order to make more informed decisions on relevant policy objectives?
The SpeakerThe SpeakerPremier? Hon. Michael H. Dunkley: That is a matter I would be happy to discuss with the Director of [Statistics].
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member s. So th at concludes the Question Period and thank you Honourable Member s for your assistance. ORDERS OF THE DAY
The SpeakerThe SpeakerWe now move back to the Order P aper. [Order No.] 4 is carried over, [Order No.] 5 is ca rried over, and with discussions that we have had with the Minister and the Shadow Minister, [Order No.] 6 is carried over. We move to Order No. 7 in the …
We now move back to the Order P aper. [Order No.] 4 is carried over, [Order No.] 5 is ca rried over, and with discussions that we have had with the Minister and the Shadow Minister, [Order No.] 6 is carried over. We move to Order No. 7 in the name of the Minister of Economic Development, Dr. Grant Gibbons. You have the floor. BILL SECOND READING PARTNERSHIPS AND COMPANIES AMENDMENT ACT 2 016 Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Speaker . Mr. Speaker, I move that the Bill entitled the Partnerships and Companies Amendment Act 2016 be now read a second time.
The SpeakerThe SpeakerAre there any objections? Minister, carry on. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker . I am pleased to introduce to this Honourable House the Partnerships and Companies Amendment Act 2016. Honourable Members may recall that prior legislative reforms relating to partnership governance were approved by the …
Are there any objections? Minister, carry on. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker . I am pleased to introduce to this Honourable House the Partnerships and Companies Amendment Act 2016. Honourable Members may recall that prior legislative reforms relating to partnership governance were approved by the Legislature in 2015 as part of our efforts to enhance and modernise our partnership laws. This Bill is a continuation of that effort and makes additional changes to the Exempted Partnerships Act 1992, the Limited Partnership Act 1883, and the Partnership Act 1902, as well as amendments to the Companies Act 1981, which are also included in this Bill as appropriate to give effect to some of the prior amendments to the partnership laws. Mr. Speaker, the current amendments will enhance the regime for Bermuda partnerships by: a)Providing more flexibility with respect to themanagement and operation of Bermuda par tnerships; b)Clarifying the legal impact of certain changesin the constitution of limited partnerships, aswell as certain activities of limited partners; and c)Providing further clarity in relation to deregistration of Bermuda partnerships and co nversion of exempted companies to partner-ships. Mr . Speaker , as with prior legislative reforms, the amendments proposed by this Bill are the result of collaboration amongst various Government ministries, the Bermuda Monetary Authority, and the private sec-tor as represented by the Legal Focus Group of the Bermuda Business Development Agency, or BDA. As such, both of the policies underpinning the proposed amendments and the Bill have been carefully consi dered and reviewed by multiple parties. Mr. Speaker, this Bill introduces changes to the Exempted Partnerships Act 1992 to make the pr ovisions governing relocation of partnerships into Bermuda consistent with those governing relocation of companies into Bermuda. Currently the law provides that a partnership can only continue into Bermuda from a jurisdiction that has been approved by the Mi nister responsible for the Companies Act, otherwise known as an “appointed jurisdiction.” As a result, par tnerships in jurisdictions that are not “appointed juri sdictions” will have to dissolve their existing business entity and establish a new business entity in Bermuda. However, the Companies Act authorises ent ities registered overseas to de- register from any juri sdiction and continue their business operations in Bermuda. This approach allows for a seamless transition into Bermuda without the need for dissolution of the foreign entity. Mr. Speaker, this flexibility is particul arly i mportant to clients looking to relocate their business operations to jurisdictions with laws that are more f avourable to their business needs. With recent devel-opments in global tax standards , Bermuda has an opportunity to engage in targeted efforts to attract more businesses to establish a physical presence in Ber-muda. The ability to transition in a manner that facil itates and preserves business continuity is a strategic 1958 3 June 2016 Official Hansard Report B ermuda House of Assembly marketing tool for encouraging international clients to relocate existing business ventures to Bermuda. Mr. Speaker, the Exempted Partnerships Act is also — [ Gavel]
The SpeakerThe SpeakerMembers, please. Please, I need to hear what is being said. Dr. the Hon. E. Grant Gibbons: Thank you. T hank you, Mr. Speaker. Mr. Speaker, the Exempted Partnerships Act is also being amended to provide clarity in relation to the effective date for de- registration of any Bermuda partnership. …
Members, please. Please, I need to hear what is being said. Dr. the Hon. E. Grant Gibbons: Thank you. T hank you, Mr. Speaker. Mr. Speaker, the Exempted Partnerships Act is also being amended to provide clarity in relation to the effective date for de- registration of any Bermuda partnership. As with companies, de- registration of any partnership from Bermuda will continue to be an ap-pointed jurisdiction only ; however, the amendment will clarify that the effective date of such de- registration is determined by the date of continuation into the foreign jurisdiction. Mr. Speaker, this Bill will also amend the Limited Partnership Act 1883 to clarify that, subject to the partnership agreement, a partnership which has not elected separate legal personality is not dissolved by a change in any of the partners. This default statutory position of continuity of the partnership following a change in partners provides a certainty as to the legal impact of such a change to the partnership and all other entities and persons with whom the partnership deals. Mr. Speaker, this Bill also expands the “safeharbour” provisions for activities by limited partners. It allows limited partners to investigate, approve, or be advised of the financial or business affairs of the par tnership without these actions being viewed as taking part in the managerial functions of the partnership. This change will enable limited partners to be well i nformed as to the activities of the partnership and e ngage in certain decisions relating to their business interests without losing their limited liability status. Mr. Speaker, other amendments to the Li mited Partnership Act include: 1.Authorisation to prescribe new fees or t o m ake changes to existing fees applicable to limited partnerships; 2.Enabling partnerships from any jurisdiction to relocate to Bermuda; and 3.Providing clarification as to the effective date of de- registration of a Bermuda partnership. Mr . Speaker, this Bill makes several amendments to the Partnership Act 1902. The first of which is to enable partnerships to elect separate legal personality at any time during the term of the partnership at the partner’s discretion. This change removes the time restrictions imposed upon any partnership seeking to elect separate legal personality. Under the ex-isting legislation, failure to adhere to such restrictions results in the permanent loss of the ability to elect separate legal personality. This Bill wi ll eliminate this consequence and will have the added benefit of enabling more partnerships to become eligible for struc-tural conversions should the partners so choose. Mr. Speaker, further changes to the Partnership Act 1902 include: 1.Adding a new section to provide guidance onthe priority and applicable procedures forcharges registered against life insurance con-tracts; and 2.In line with freedom of contract principles pr oviding express authority for partnerships to enforce default and forfeiture provisions included in partnership agreements. Las tly, Mr. Speaker, this Bill will amend section 132N of the Companies Act 1981 to clarify the conversion of an exempted company to a partnership does not require a company to wind up its affairs, nor does it constitute a dissolution of the company. This provision is consistent with and gives effect to the un-derlying policy of business continuity for structural conversion of partnerships and companies. Mr. Speaker, I would like to acknowledge the work of the members of the Ministry’s Business D evelopment Unit, which has the responsibility of policy development and legislative reform in relation to inter-national business. I would also like to thank the mem-bers of the Attorney General’s Chambers who have worked closely with the Ministry to prepare this legi slation. Finally, I would like to acknowledge the work of the Legal Focus Group. The members of this group, as you may know Mr. Speaker, give freely of their time to develop proposals for legislative changes which are intended to help Bermuda maintain its competitive edge and well earned reputation as a jurisdiction of choice for many international businesses. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Dr. Gibbons. Is there any other Honourable Member who would care to speak? The Chair will recognise the Shadow Minister for Economic Development and Member of Parliament from constituency 33, MP Jamahl Simmons. You have the floor.
Mr. Jamahl S. SimmonsWe will not be long on this Bill hopefully. The Bermuda Progressive Labour Party su pports what the Government is attempting to do with this legislation. We truly believe it is important to mai nBer muda House of Assembly tain and catch- up where necessary with our compet ition to …
We will not be long on this Bill hopefully. The Bermuda Progressive Labour Party su pports what the Government is attempting to do with this legislation. We truly believe it is important to mai nBer muda House of Assembly tain and catch- up where necessary with our compet ition to be able to draw business to our country. Mr. Speaker, looking forward I would hope that the Honourable Minister would be able to project how many of these businesses they anticipate attrac ting over the next couple of years , but not just in terms of what they are attracting, but opportunities for Bermudians so we can begin to funnel and direct our people into these opportunities as they arise. I think it is great to bring new business here. It is fantastic to get that tax re venue in and to get the economy flowing again, but jobs are what our people are looking for and if jobs are coming, we should be able to project ahead, see what they are, and funnel our people into them. That, I think, has to be the goal. Thank you, Mr. Speaker. Th e Speaker: All right. Thank you, Honourable Member. Are there any other Honourable Members who would care to speak? There are none. So, Dr. Gibbons, please. Dr . the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I appreciate the support from the Hon-ourable Member. I understand exactly where he is coming from. It is certainly the Government’s goal as well to create jobs and opportunities for Bermudians. I can give a number of examples, but I think probably the most current one that we are very pleased with is the cooperation with the RCA (Regulatory Compliance Ass ociation) , and we have made a number of statements on this. They recently held a conference here a month or so ago and had quite a few overseas people coming for the conference. The Regulatory Compliance Association, obviously, as the name sounds, is in-volved with education and essentially upgrading the skills of those professionals both in the legal, account-ing, and other professions who wish to have more of a compliance -oriented j ob. As you and I both know, Mr. Speaker, wha tever area you are in these days compliance seems to be a growth industry. And because of the scholarships which this particular organisation has given, which were up to 150 to Bermudians and those here, we have quite a bit of interest in the programme which should be launched fairly soon. And we have had quite a number of people . . . Bermudians who have put their name forward for this. It is an online course and I think, as I said, whether it is banking, insurance, fund management, [or] asset management , compl iance is essentially with us probably for the foresee-able future. So I think that is a good example of an opportunity for Bermudians going forward. With that, Mr. Speaker, I would ask that the Bill be comm itted. Th e Speaker: Thank you, Dr. Gibbons. Dr . the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Th e Speaker: It has been moved that the Bill be committed. Are there any objections to that? If there are none, then I ask that the Deputy please take t he Chair [of Committee] . House in Committee at 2:38 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL PARTNERSHIPS AND COMPANIES AMENDMENT ACT 2016 Th e Chairman: Members, we are now in Committee of the whole House for further consideration of the Bill entitled Partnerships and Companies Amendment Act 2016 . I call on the Minister in charge proceed. Minister, you have the floor. Dr . the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, I would like to move clauses 1 through 6. Th e Chairman: Thank you. It has been proposed that we move clauses 1 through 6. Are there any objections to that motion? No objections. Agreed to. Please proceed. Dr . the Hon. E. Grant Gibbons: Thank you. Madam Chairman, clause 1 is the citation and provides that this Bill should be cited as the Partn erships and Companies Amendment Act 2016. Clause 2 amends the Exempted Partnerships Act 1992 and it amends section 13A(1) by firstly, deleting the words “in the case where such jurisdiction is an appointed jurisdiction”; and secondly, deleting the word “appointed” in section 13A(1)(a). These amendments will enable partnerships from any jurisdiction to relocate from a foreign jurisdiction and continue their operations in Bermuda. This change will also make the framework for partnerships continuing into Ber-muda consistent with the framework for companies continuing into Bermuda under the Companies Act 1981. Clause 2 also amends section 13B of the E xempted Partnerships Act [1992] to clarify the effective date of de- registration. Specifically , [section] 13B i s amended by: 1960 3 June 2016 Official Hansard Report Ber muda House of Assembly 1.deleting the words “pursuant to subs ection (2)” f rom subsection (1); 2.del eting the words “referred to in subsection (2)” from subsection (3); 3.inserting a new subsection 3A to clarify the effective date of de- registration of a partnership continuing in an appointed jurisdiction; and 4.inserting a new subsection (6) to define theterm “certificate of de- registration” for the purposes of section 13B. Clause 3 amends the Limited Partnership Act 1883 as follows: 1.Clause 3(1) amends section 8B by inserting a new section (1A) to clarify that, subject to any agreement between the partners, a change in a general partner or limited partner of a limited partnership does not dissolve the partnership; 2.Clause 3(2) amends section 8C(3) by broa dening the “safe -harbour” provisions in relation to activities performed by limited partners.Specifically, a new paragraph (f) is beingadded to enable limited partners to invest igate, approve, or be advised as to the financial or business affairs of the limited partner-ship; 3.Clause 3(3) amends section 22 to ensure thatall fees applicable to limited partnerships are properly referenced in this section. In partic ular, in subsection 3 “A” is amended by deleting the word “A” and substituting the words “Unless a fee is otherwise provided undersubsection (5) or in the First Schedule to theExempted Partnerships Act 1992, a.” Andnumber two, a new subsection (6) is beingadded to authorise the appropriate Minister to make changes to any fees included in a Schedule to the Limited Partnershi p Act [1883] by way of the affirmative resolutionprocedure. 4.Consistent with the changes made to the E xempted Partnerships Act , clause 3(4) amends section 25 of the Limited Partnership Act[1883] to enable partnerships in any jurisdi ction to continue into Bermuda as a limited partnership. As such, section 25(1) isamended by deleting the words “in the case where such jurisdiction is an appointed juri sdiction” and section 25(1)(a) is amended by deleting the word “appointed.” 5.Clause 3(5) amends section 26 of the Limited Partnership Act 1883 to clarify the effective date of de- registration. This is accomplished by: firstly, deleting the words “pursuant tosubsection (2)” in subsection 1; secondly, deleting the words “referred to in subsection (2) ” in subsection (3); third, inserting a new subsection (3A) to clarify the effective date of de-registration of a partnership continuing in anappointed jurisdiction; and fourth, inserting a new subsection (6) to define the term “certif icate of de- registration” for purposes of section 26. Movi ng on, Madam Chairman, clause 4 amends the Partnership Act 1902 as follows: •Clause 4(1) amends section 4A by firstly, deleting the word “appointed” and substitutingthe word “any” in subsection (3A)(b); second,repeali ng subsection (4) in its entirety; third, deleting the words “and a failure to make suchan election shall be final’ in subsection (6). •Clause 4(2) repeals section 4B in its entirety and inserts a new section 4BA whereby exis ting partnerships can elect separate legal pe rsonality without limitation as to when the election must be made. •Clause 4(3) amends section 4F(6) by inserting a new paragraph (b) to provide that charges against any assignment of a life insurance contract will be subject to the procedures and priorities set forth in the Life Insurance Act 1978. •Clause 4(4) inserts a new section 25A to enable partners to enforce remedies included inthe partnership agreement in cases where any partner fails to perform obligations set forth in the partnership agreement. And,Madam Chairman, these remedies may i nclude, but are not limited to: (a)A reduction, elimination, or forfeiture of partnership interest; (b)Subordination of the defaulting par tner’s interest to the interest of thenon-defaulting partner; (c)Effecti ng a forced sale or forfeiture of the defaulting partner’s interest; (d)Arranging for loans to the defaultingpartner as necessary to meet any un-filled commitments; (e)Determining the value of the defaul ting partner’s interest for the purposeof redemption or a sale of such interest; and (f)Any other remedy as set forth in the partnership agreement or under ap-plicable law. No w in accordance with this section, remedies or consequences may only be enforced if expressly set forth in the partnership agreement and shall not be unenforceable solely on the basis that they are penal in nature. As well, general partners shall be protected from liability for any decision or action taken to impose or not to impose remedies or consequences upon any partner. Clause 5 amends section 132N of the Companies Act 1981 by inserting a new subsection (11A)
B ermuda House of Assembly to clarify the conversion of an exempted company to a partnership does not require the company to wind up its affairs , nor does it constitute dissolution of such a company. And finally, Madam Chairman, clause 6, which is a savings provision, with the repeal of section 4B of the Partnership Act, clause 6 confirms that any par tnership which elected separate legal personality pur-suant to section 4B shall continue to have a separate legal personality from the date of election and no la wful action taken by any such partnership shall be af-fected by this Act. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clauses 1 through 6? The Chair recognises the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Chairman. We support the amendments as proposed.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 6? Thank you. The Chair recognises the Member from constituency 36. You have the floor. Hon. Michael J. Scott: Thank you, Madam Chairman. Just a question for Minister Gibbons. From where do we believe …
Thank you. Are there any other Members that would like to speak to clauses 1 through 6? Thank you. The Chair recognises the Member from constituency 36. You have the floor. Hon. Michael J. Scott: Thank you, Madam Chairman. Just a question for Minister Gibbons. From where do we believe that the business will be attracted to us with this central provision of partnerships being able to move to Bermuda? Thanks.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. I think the answer to that is we are trying to create a fairly broad opportunity here. There is a list of appointed jurisdictions which number probably about two dozen, and …
Thank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. I think the answer to that is we are trying to create a fairly broad opportunity here. There is a list of appointed jurisdictions which number probably about two dozen, and they are the usual suspects — everybody from some islands to the south of us to the United States and Europe and others. I think the critical issue here is we do not want to restrict a company’s ability just because it is not on the appointed list of jurisdictions. Now, I know the Honourable Member probably has in the back of his head, Well, we don’t want to have just anybody coming here, but I think because of the vetting that the BMA is able to do, which applies to both companies and partnerships, I think if a partner-ship is, shall we say, appropriate, fit and proper and suitable, we do not really mind where it comes fr om if it wishes to come here and set up in business. So that vetting is a very important part, as the Honourable Member will well know, of that sort of the overall pro cess here. But I think it is . . . we are trying to have a broad church here in terms of where it may come from. I must confess that I am not sufficiently in the partnerships’ area to say that maybe it is Latin Amer-ica or maybe it is the Far East, but I think both of those might be considered to be good catchment ar-eas for potential business coming our direction, poss ibly China which seems to be getting a lot more active and entrepreneurial in terms of some of the wealth that is being created there. So the answer is , it could be any number of places, but hopefully that helps.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 6? No other Members. Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clauses 1 through 6 be approved as printed.
The ChairmanChairmanIt has been moved that clauses 1 through 6 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [ Gavel] [ Motion carried: Clauses 1 through 6 passed.] Dr. the Hon. E. Grant Gibbons: I move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. A greed to. [ Gavel] Dr. the Hon. E. Grant Gibbons: I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. 1962 3 June 2016 Official Hansard Report B ermuda House of Assembly [ Gavel] Dr. the Hon. E. Grant Gibbons: Thank y ou. [Motion carried: …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. 1962 3 June 2016 Official Hansard Report B ermuda House of Assembly [ Gavel] Dr. the Hon. E. Grant Gibbons: Thank y ou. [Motion carried: The Partners hips and Companies Amendment Act 2016 was considered by a Commit - tee of the whole House and passed without amendment.] [Pause] House resumed at 2:51 pm [ Hon. K. H. Randolph Horton, Speaker, in the Chair] REPORT OF COMMITTEE PARTNERSHIPS AND COMPANIES AMENDMENT ACT 2016
The SpeakerThe SpeakerOkay, Honourable Members, we have approved the Partnerships and Companies Amendment Act 2016. I believe that concludes all matters that we had on the Order Paper. Hon. Patricia J. Gordon -Pamplin: No, Mr. Speaker, there is one other that we are meant to be covering and that is — The …
Okay, Honourable Members, we have approved the Partnerships and Companies Amendment Act 2016. I believe that concludes all matters that we had on the Order Paper. Hon. Patricia J. Gordon -Pamplin: No, Mr. Speaker, there is one other that we are meant to be covering and that is — The S peaker: Oh, thank you, thank you, my apol ogies. Yes, the Rent Increases (Domestic Premises) Control Amendment Act 2016, and it is in the name of the Minister of Home Affairs. Minister Gordon- Pamplin, you have the floor. BILL SECOND READING RENT INCREA SES (DOMESTIC PREMISES) CO NTROL AMENDMENT ACT 2016 Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled Rent Increases (Domestic Premises) Control Amendment Act 2016 be now read a second time.
The SpeakerThe SpeakerAre there any objections? Please, carry on, Minister. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the purpose of this Bill is to modify the annual rental value (the ARV) ceiling at which a tenancy of a residential premises is subject to rent control. This became necessary …
Are there any objections? Please, carry on, Minister. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the purpose of this Bill is to modify the annual rental value (the ARV) ceiling at which a tenancy of a residential premises is subject to rent control. This became necessary when the revised land tax rates brought into operation by the Land Tax Amendment Act 2016 on 1 January 2016 lowered the ARV of many properties. Mr. Speaker, this Bill proposes that the annual rent value ceiling for rent control be lowered from $27,000 to $22,800. By lowering the ARV ceiling we will maintain the number of rental units under rent control and those will be relatively unchanged at 17,061 units. If we do not lower the ARV ceiling, an additional 3,215 rental properties would become sub-ject to rent control. By lowering the rent control ARV ceiling the Government is providing stability and continuity to the rental market. Mr. Speaker, Honourable Members will be aware that rent control is the I sland’s tenant protection agency and is charged with the responsibility for the administration of the Rent Increases (Domestic Pre mises) Control Act 1978. Government, through the administration of this Act, provides a high percentage of its most vulnerable residents —seniors, special persons, and clients of government agencies such as Financial Assistance. Mr. Speaker, the importance of rent control is linked to the prevailing economic conditions in any given period. As such, rent control promotes social stability by slowing displacement in booming ec onomic cycles , and affordable rentals during economic downturns. With those few remarks, Mr. Speaker, I would invite other Members to contribute.
The SpeakerThe SpeakerThank you, Minister. The Chair will recognise the Shadow Minister MP Roban from constituency 15.
Mr. Walter H. RobanThank you, Mr. Speaker. And as the Minister’s brief was short I will seek to have my comments be almost as brief.
The SpeakerThe SpeakerI cannot believe we are going like this today.
The SpeakerThe SpeakerCarry on, Honourable Member. B ermuda House of Assembly Mr. Walter H. Roban: Thank you, Mr. Speaker. We have no objections to this Bill, Mr. Speaker. We are aware, based on the land tax changes that were proposed, that this is realignment in line with changes that the Government made …
Carry on, Honourable Member.
B ermuda House of Assembly Mr. Walter H. Roban: Thank you, Mr. Speaker. We have no objections to this Bill, Mr. Speaker. We are aware, based on the land tax changes that were proposed, that this is realignment in line with changes that the Government made prior. There was some controversy around those changes as we remember. They came and then we were told that mistakes were made and then changes were made. Be that as it may, this is made to assist renters , and those who have properties under rent control not to be a burden. So we have no objection and that is all I have to say, Mr. Speaker. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Any other Honourable Member care to speak? The Chair will revert back to the Minister. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I thank the Honourable Member for his comments and his support —the Opposition. Just to clarify though that …
All right. Thank you, Honourable Member. Any other Honourable Member care to speak? The Chair will revert back to the Minister. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I thank the Honourable Member for his comments and his support —the Opposition. Just to clarify though that with the quinquennial review that was conducted, which resulted in changes in land valuatio n bands, the problem to which the Honourable Member alluded was not with respect to the bands, but it was with respect to the rates . So that was a di fferent challenge that came as a result of it. However, with that said, Mr. Speaker, I move that the Bill be now committed.
The SpeakerThe SpeakerAll right. Thank you. Any objections to the Bill being committed? I will ask that the . . . I do not see the Deputy [Speaker]. Let us see, MP Furbert, are you not . . . MP Furbert, are you not one of the Chairmen? Are you a Chairman? …
All right. Thank you. Any objections to the Bill being committed? I will ask that the . . . I do not see the Deputy [Speaker]. Let us see, MP Furbert, are you not . . . MP Furbert, are you not one of the Chairmen? Are you a Chairman? You are not a Chairman? I do not see any Chairmen in here. Oh, MP Glen Smith. House in Committee at 2:57 pm [Mr. Glen Smith, Chairman] COMMITTEE ON BILL RENT INCREASES (DOMESTIC PREMISES) CONTROL AMENDMENT ACT 2016
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Rent Increases (Domestic Premises) Control Amendment Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Rent Increases (Domestic Premises) Control Amendment Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Chairman. Mr. Chairman, this is a very short Bill and there are only three clauses and I propose that I move all three clauses.
The ChairmanChairmanAny objections? No. Carry on. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, the Bill seeks to amend the Rent Increases (Domestic Premises) Control Act 1978 (the “principal Act”). Clause 1 is the citation. Clause 2 amends section 3(3)(b) of the princ ipal Act, thereby lowering the …
Any objections? No. Carry on. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, the Bill seeks to amend the Rent Increases (Domestic Premises) Control Act 1978 (the “principal Act”). Clause 1 is the citation. Clause 2 amends section 3(3)(b) of the princ ipal Act, thereby lowering the threshold annual rental value from $27,000 to $22,800. Clause 2 also allows the relevant properties to remain within the scope of the rent control regime after the revised land tax rates came into operation by way of the Land Tax Amend-ment Act 2016 on 1 January 2016. Clause 3 is the commencement provision, deeming this Act to have come into effect on 1 January 2016 in keeping with the revised land tax rates brought into operation by the Land Tax Amend-ment Act 2016 on 1 January 2016 as a result of the quinquennial review conducted by the Land Valuation Department. The Ch airman: Thank you, Minister. Does anybody else wish to speak to these clauses? Okay. I call on the Minister to move the clauses. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I move the Preamble.
The ChairmanChairmanApprove the clauses first. Hon. Patricia J. Gordon -Pamplin: Oh, I am sorry. I move the clauses, clauses 1 through 3.
The ChairmanChairmanAny objections? No objections. [ Motion carried: Clauses 1 through 3 passed.] Hon. Patricia J. Gordon- Pamplin: I move the Pr eamble. T he Chairman: Any objections to the Preamble? No. Hon. Patricia J. Gordon -Pamplin: I move that the Bill be reported to the House as printed. 1964 3 …
The ChairmanChairmanAny objections? They will be approved. [Motion carried: The Rent Increases (Domestic Premises) Cont rol Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] [Pause] House resumed at 3:00 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair] REPORT OF COMMITTEE RENT …
The SpeakerThe SpeakerThank you, Members. The Rent Increases (Domestic Premises) Control Amendment Act 2016 has been approved. All other Orders are carried over. The Chair will now recognise the Minister of Economic Development , Dr. Grant Gibbons. SUSPENSION OF STANDING ORDER 21 Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. …
Thank you, Members. The Rent Increases (Domestic Premises) Control Amendment Act 2016 has been approved. All other Orders are carried over. The Chair will now recognise the Minister of Economic Development , Dr. Grant Gibbons.
SUSPENSION OF STANDING ORDER 21
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order [21] be suspended to enable me to move that the Bill ent itled the Hamilton Sewerage Amendment Act 2016 be now read the t hird time by its title only.
The SpeakerThe SpeakerAny objections? Carry on, please. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING HAMILTON SEWERAGE AMENDMENT ACT 2016 Dr. the Hon. E. Grant Gibbons: The Hamilton Se werage Amendment Act 201 6. I move that the Bill do now pass.
The SpeakerThe SpeakerIt has been moved that the Bill be passed. Any objections to that? There are none. The Bill is passed. [Motion carried: The Hamilton Sewerage Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerNow, please do your second Bill. SUSPENSION OF STANDING ORDER 21 Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Partnerships and Companies Amendment Act 2016 be now read the third time by …
The SpeakerThe SpeakerAny objections? Carry on, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PARTNERSHIPS AND COMPANIES AMENDMENT ACT 2016 Dr. the Hon. E. Grant Gibbons: The Partnerships and Companies Amendment Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerAny objections to that? The Partnerships and Companies Amendment Act 2016 has been passed. [Motion carried: The Partnerships and Companies Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will now recognise the— Dr. the Hon. E. Grant Gibbons: Mr. Speaker, just with yo ur guidance—
The SpeakerThe SpeakerYes? Dr. the Hon. E. Grant Gibbons: There are a number of Orders on here that need to be removed from the Order Paper. Would you like me to try and do those? I do not have a . . . I think it is a moving . . . …
The SpeakerThe SpeakerIt is [Standing Order] 48, yes, it is the . . . hold on a second, Honourable Member, they are [Orders No.] 4 and 5— Dr. the Hon. E. Grant Gibbons: Yes.
The SpeakerThe Speaker—on the Order Paper. B ermuda House of Assembly Dr. the Hon. E. Grant Gibbons: Would you like me to move that?
The SpeakerThe SpeakerYes, yes, you can go ahead and do it. WITHDRAWAL OF REGULATIONS [Standi ng Order 48] Dr. the Hon. E. Grant Gibbons: Okay. I move that Standing Order 48 be suspended to enable me to r emove from the Order Paper items 4 and 5. Would you like me to …
The SpeakerThe SpeakerYes, for the record please. GOVERNMENT OMNIBUS (FARES) AMENDMENT REGULATIONS 2016 MARINE BOARD (FERRY SERVICES FARES) AMENDMENT REGULATIONS 2016 Dr. the Hon. E. Grant Gibbons: Okay. [Order] No. 4 is the Draft Regulations entitled “Government Omnibus (Fares) Amendment Regulations 2016” and [O rder No.] 5 is the “Marine Board (Ferry …
Yes, for the record please. GOVERNMENT OMNIBUS (FARES) AMENDMENT REGULATIONS 2016 MARINE BOARD (FERRY SERVICES FARES) AMENDMENT REGULATIONS 2016 Dr. the Hon. E. Grant Gibbons: Okay. [Order] No. 4 is the Draft Regulations entitled “Government Omnibus (Fares) Amendment Regulations 2016” and [O rder No.] 5 is the “Marine Board (Ferry Services Fares) Amendment Regulations 2016.” I move that they be removed from the Order Paper.
The SpeakerThe SpeakerAll right. Thank you very much, Minister. [ Government Omnibus (Fares) Amendment Regul ations 2016 and Marine Board (Ferry Services Fares) Amendment Regulations 2016, withdrawn.]
The SpeakerThe SpeakerThe Chair will now recognise the Minister for Home Affairs, Minister Gordon- Pamplin. SUSPENSION OF STANDING ORDER 21 Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled the Rent Increases …
The Chair will now recognise the Minister for Home Affairs, Minister Gordon- Pamplin. SUSPENSION OF STANDING ORDER 21 Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled the Rent Increases (Domestic Premises) Control Amendment Act 2016 be now read the third time by its title only.
The SpeakerThe SpeakerThank you, Minister. Any objections? Carry on. [ Motion carried: Standing Order 21 suspended.] BILL THIRD READING RENT INCREASES (DOMESTIC PREMISES) CO NTROL AMENDMENT ACT 2016 Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. The Rent Increases (Domestic Premises) Control Amendment Act 2016. I move that the Bill do …
The SpeakerThe SpeakerAll right. Thank you. Any objections to that? That Bill is passed. [ Motion carried: The Rent Increases (Domestic Premises) Control Amendment Act 2016 was read a third time and pas sed.]
The SpeakerThe SpeakerMr. Premier? ADJOURNMENT Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I move that we adjourn until next Friday the 10th June 2016.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Honourable Member from constitue ncy 6, MP Wayne Furbert. CUSTOMS TARIFFS Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I want to talk just for a few mi nutes, about the cost of doing business in Bermuda and things …
All right. Thank you. The Chair will recognise the Honourable Member from constitue ncy 6, MP Wayne Furbert. CUSTOMS TARIFFS Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I want to talk just for a few mi nutes, about the cost of doing business in Bermuda and things that I believe can help lower the cost overall. Mr. Speaker, I am not sure whether Members are familiar with this Customs Tariff, the Bermuda Customs Tariff is about 500 pages here. I am sure the Honourable Member Grant Gibbons and the Premier are familiar with it. Because they are impacted by this document ever y . . . at least probably every week. And here is the problem, Mr. Speaker, we have this doc ument which people fill out if it comes in by ship, and we have a two- page document if it comes in via co urier. W hat do I mean by that? The vendor or the purchaser has to fill out these tariffs on these forms and you got to fill out a tariff for a short sleeve shirt, a long sleeve shirt, a silk shirt, a cotton shirt, and all these different shirts , and it all comes to the same Custom Duty of 6.5 per cent. And come September, I understand, Customs will be charging, I think, $0.60 on every tariff that is filled out . For e very tariff item that is filled out, they will be charging, and of course the cost is being passed on to the consumer . Where- [as] on the courier [document] it does not have “shirts, ” it has “clothes” —one item. So what is this di stinction? No one ever asks Customs to prepare an 1966 3 June 2016 Official Hansard Report
Bermuda House of Assembly itemised form for how many silk shirts are sold. And so I am trying . . . and it was brought to my attention yesterday and I thought it was very important that . . . and I was not aware of it to be honest with you. So I thought I would bring it to my colleagues’ attention. I am not sure even if most of them are aware of it unless they are really into . . . I know the Honourable Member cannot bring in a car by courier.
[Inaudible interjection] Hon. Wayne L. Furbert: Courier. You can ?
[Laughter]
Hon. Wayne L. Furbert: But I am sure in this doc ument here the cars are broken down probably by colours. You know , it just does not make sense. And it has been done like this for years and I think it is time for us as a country to decide why we have . . . and guess what ? So you have an army of people filling out at the . . . from the purchaser ( not calling it a store, but just say a stor e) who brings in shirts, pants and on and on and on and there are different tariff s. Then if you got them in a different quality , like silk or cotton pants or whatever it is. It is . . . they have got this whole list . So it is a cost to the purchaser , and then he sends it to Customs who then has to go through the whole list themselves , and if they find it wrong they send it back to you to find it. And there is a cost. And we hire an army of Customs officers to do the same thing. And why can we not . . . it is just common sense to me, if we came up with this document . . . I am not sure what year it was . As a matter of fact, I believe it came up under the Progressive Labour Party , this one here, the current , because I believe the gentleman, [Steve] Thomson, who owns the Mai lboxes [Unlimited], was complaining about goods coming in . And I believe this document came up under the Honourable and Learned Member Paula Cox when she was the Premier and the Minister of Finance. It just simplifies . . . so why can we not , and this is again working together, why can we not make something simple and make some just say “clothes”? Or we could just say “food.” As a matter of fact , in this item here, I believe, it is one item —well , because the average customs duty is, I think, about 22 per cent. So I thought it was important that I bring it to Parliament’s attention because, like I said, I was not aware of this. I mean, I do not go through a whole bunch of this, but it must be a burden on the pur-chaser who then passes it on to t he consumer. And come September we are going to be passing the cost onto the consumer once again for, I think, it was $0. 60 or $0.70 and we passed it through this House and it did not hit me. It really did not hit me until yesterday, until one of the store owners brought it to my atten-tion. So I thought it was important that I mention it t oday. The last thing, Mr. Speaker, the Honourable Member Jeff Sousa, I know it was probably —
The SpeakerThe SpeakerThe Honourable Member from constituency 28. Hon. Wayne L. Furbe rt: —constituency 28, mentioned that by next year we will have over - employment. And I just want to know if the Gover nment has accepted that, if that is the position of the One Bermuda Alliance.
An Hon. Member An Hon. MemberHe guaranteed it. Hon. Wayne L. Furbert: And he guaranteed it . As a matter of fact , he said it twice, that by next year we will have 6,000 –7,000 new jobs in Bermuda. And I just want to know whether the Premier has accepted that and if that …
He guaranteed it. Hon. Wayne L. Furbert: And he guaranteed it . As a matter of fact , he said it twice, that by next year we will have 6,000 –7,000 new jobs in Bermuda. And I just want to know whether the Premier has accepted that and if that is what has been discussed , and maybe we should be aware of those particular jobs that would come on board. But those are the few words I wanted to say, Mr. Speaker, today. But particularly I wanted . . . I do not see the Minister of Finance who is r esponsible for Customs, but I am sure the Premier is listening to this. How can he simplify this so that life is better for all of us ? [It] is just common sense, that is all it is. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 26 [sic]—
The SpeakerThe Speaker[Constituency] 24, MP W. L. A. Scott. ROADSIDE SOBRIETY TESTING
Mr. W. Lawrence ScottThank you, Mr. Speaker. I rise during this motion to adjourn just to bring to light, i.e., possibly even s ay it as a friendly r eminder, in light of the day that we have had today where we have agreed on a lot of things, that we are just …
Thank you, Mr. Speaker. I rise during this motion to adjourn just to bring to light, i.e., possibly even s ay it as a friendly r eminder, in light of the day that we have had today where we have agreed on a lot of things, that we are just over a month, probably about a month and a half , until Somerset retains the Cup for Cup Match —
[Inaudible interjections and laughter ]
Mr. W. Lawrence Scott—and with Cup Match comes the festivities, comes the celebration of what it is to be a Bermudian. There is a song that is out there done by . . . that Bootsie did that Bermudians Love to Drink . And one thing that we also l ike to do …
—and with Cup Match comes the festivities, comes the celebration of what it is to be a Bermudian. There is a song that is out there done by . . . that Bootsie did that Bermudians Love to Drink . And one thing that we also l ike to do is we have a very bad culture of drinking and driving. The prev ious Minister, the Honourable Minister , the Honourable
Bermuda House of Assembly and Learned Member , Shawn Crockwell , has gone on record saying that the Government was going to bring roadside sobriety testing and roadside sobriety checkpoint s, [and we were] also told by the h ead of the Road Safety Council that they were going to bring that this year. And I am trying to say now that this Government needs to bring roadside sobriety chec kpoints to fruition prior t o the Cup Match holiday. We cannot afford to go into another major holiday without having roadside sobriety checkpoints in place. I understand that there were some chal-lenges, but they should be overcome. If you look at it , it seems as though we are putti ng so much effort into curbing or curtailing anti -social behaviour, i.e. , gangrelated activities, but you are three times more likely to die on our roads than in gang activity or gangrelated violence. So, therefore, I think that we should be putting three times the effort, three times the energy, three times the priority on road safety. And I think that one of the major factors, one of the major things , and one of the biggest [ways for us] to curtail our culture of drinking and driving (and I think I can speak for all of us in this House) is [for all of us to say] that we are not in support of drinking and driving, and we are not in support of the culture that we have of drinking and driving. The reason why people are so eager and probably willing to drive drunk is the lack of cons equence. What are the chances that if somebody was to go and drink . . . let us say I go down to the beach and I have a drink . What are the chances that on a public holiday, on a regular day, that I am going to get caught drunk dr iving by the time I get home? And without roadside sobriety checkpoints, without roadside sobriety testing, that likelihood is slim to none. And what happens is that because that likelihood is slim to none, so many people do it. And that is why we have so many deaths on our roads. So now, if you look at it, I think the statistics are something in the line of 75 per cent of all road traffic fatalities either have alcohol and/or speed involved. And the 17- to 19- year-old is the age demographic that most frequently visit s the hospital due to road traffic accidents. So for me I feel as though I have heard a lot of ( how can I say it?) platitudes talking about road safety and wanting to make sure that our roads are safer. But I have not seen this Government do anything to help increase our road safety. I remember during the Budget Debate I showed that it boiled down to approximately two dollars and change per person— that is what this Government has budgeted towards road safety for every road user. You know , we hear previous Ministers and we hear the Road Safety Council all talk about wanting to do all these things , but nothing is being done. And I am hearing that part of it is part of something with LegCo trying to get the lawyers on board, or the Go vernment lawyers who draft it to be able to agree to everything. But Mr. Speaker, it is not a constitutional issue. That is what some people will want you to b elieve, that it is a constitutional issue and part of the Constitution. I think it might be section 3, I could b e wrong, but I think section 3 talks about you cannot limit someone’s freedom of movement. But there is also a caveat in our Constitution unless it is in the interest of national security or national health. I think that drunk driving is a national health crisis. Our road safety is a national health crisis. It affects all of us whether we are using the roads or not . I think, it costs in the essence of roughly a million dollars per road traffic fatality on our roads when you do the call out for the police, t hen call out for the a mbulance . . . when you call out for the police, call out for the ambulance, when you do that, then all the doctors and the nurses will have to work on you and stuff like that . So this is actually causing our . . . the lack of road safety, in essence, causes our health costs to increase. Therefore, if we then go and . . . and I hear interpolation from the other side trying to say that I do not know what I am talking about , or things like that. And this is what I am talking about, Mr. Speaker, when we start talking about the serious topics, regar dless of how . . . I agree , and I thought we all agreed , that road safety is a priority —or should be a priority. You have former Ministers that have spoken in this House saying that they were going to bring roadside sobriety testing to this House.
The SpeakerThe SpeakerYes, MP — POINT OF ORDER [Misleading]
Mr. Shawn G. CrockwellThank you, Mr. Speaker. The Honourable Member is misleading the House on a few fronts. With your permission, I would like to address a few of them.
Mr. Shawn G. CrockwellNumber one, the Honourable Member said that it cost a million dollars per f atality, and that is way off, Mr. Speaker. Unfortunately, of course, fatalities are the worst situations which i mpact our community . But the fatality is where it is the least cost to the Government and …
Number one, the Honourable Member said that it cost a million dollars per f atality, and that is way off, Mr. Speaker. Unfortunately, of course, fatalities are the worst situations which i mpact our community . But the fatality is where it is the least cost to the Government and to insurance companies. It is when individuals have paralysis and you have to have long- term care or major, parti cularly m ajor head, injuries which require specialists care, longterm care, which puts it up. So there are incidents where you can have an injury which will cause the insurance company costs to run a million dollars. 1968 3 June 2016 Official Hansard Report
Bermuda House of Assembly The other part is, just for clarification, Mr. Speaker, there have been multiple previous Ministers on both sides of the aisle that attempted to implement roadside sobriety testing. And there is some di sagreement within the Attorney General’s Chambers and the DPP’s Office [Director of Public Prosecutions ] in relation to some constitutional issues and the i mplementation of them. So those are some of the chal-lenges that we have.
The SpeakerThe SpeakerThank you, thank you. Carry on.
Mr. W. Lawrence ScottAll right, Mr. Speaker . Well, I do take what the Honourable and Learned Member did say about . . . maybe I did misspeak when I said road traffic fatalities, I meant road traffic accidents, with the costs. But that does not take away from the main point that …
All right, Mr. Speaker . Well, I do take what the Honourable and Learned Member did say about . . . maybe I did misspeak when I said road traffic fatalities, I meant road traffic accidents, with the costs. But that does not take away from the main point that we still have no roadside sobriety testing or roadside sobriety checkpoints in place. And it was almost promised to us, Mr. Speaker. I will go and say it was all but promised to us that we were going to have it this year. And for me I think that it is unacceptable that we are going another year witho ut either roadside sobriety testing . . . and when it comes to roadside— Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes? POINT OF ORDER Hon. Patricia J. Gordon -Pamplin: The Honourable Member must understand that the parliamentary year is nowhere near concluded.
The SpeakerThe SpeakerAll right. Yes, that is right. So we take that into consideration as we listen to him, yes.
Mr. W. Lawrence ScottYes, and it is unacceptable that we have gone this far without it. And when it comes to . . . the thing is that when it comes to the . . . my understanding that it is almost . . . and I am going to simplify it . …
Yes, and it is unacceptable that we have gone this far without it. And when it comes to . . . the thing is that when it comes to the . . . my understanding that it is almost . . . and I am going to simplify it . When it comes to the roadside sobriety testing, all we have to do is change the legislation to allow police to test first, then arrest, versus right now , the police have to arrest an individual prior to testing them. I do not see how that is so complicated, Mr. Speaker. I do not see if . . . I do not see how, when it comes to roadside sobriety checkpoin ts, so let our road safety strategy . . . our Constitution, is pretty much based right off of the Canadian Constitution, if I am not mistaken. And the Canadians have it. They have in Australia. In any jurisdiction that has impl emented roadside sobriety tes ting they have seen dr a-matic reductions in drunk driving or the culture of drunk driving. In Australia you had, I think, it was r educed by something like 57 per cent. In the UK , it was reduced by 36 per cent. And the thing is is that with the way that it w as implemented, if you look at the Australia model, it is not targeting any one dem ographic . It is not targeting any certain individuals in any particular age group. The surveys that were done, I think, three years after they implemented roadside sobriety checkpoints , [indicated] 80 per cent of the general motoring public had been a part of a roadside sobriety checkpoint at some time, which means that it is fair. So, the thing is , I do not know why this Go vernment is finding excuse after excuse on why they cannot commit to making our roads safer. They want to talk about how people are supposed to feel safer, people are going to be safer in this country, if they were going to take office, if they were going to take over. But nobody feels safer. Your gang violence is on the rise. Your road traffic fatalities , they went down for a little bit, but that has happened before. But once again we . . . this Government has not done anything to increase road safety. But yet, they will complain that we had 14 years. They will always say stuff like that. This is the time for the OBA Government to act , and the time for the OBA Government to act is now, but they are doing nothing. They promised us, Mr. Speaker. It is in Hansard, with former Ministers talking about bringing it. You have had even . . . they changed and they have a new Road Safety Council Chairman. That young lady went on record in the media saying that is what they wanted to happen. If everybody wants something to happen, why is it not happening? Why is it not happening? So, Mr. Speaker, I say that it needs to come prior to Cup Match because there is a traditional, hi storic, statistical spike in road traffic accidents, motor-ing incidents , and drunk driving. So, therefore, I do not think that we should continue to wait and just say . Oh. well, the time’s not up. The year’s not over . Because my understanding is that the legislative year will probably end just before Cup Match because then we rise until November and then that is when we start all over again. So therefore the Honourable Member Gordon- Pamplin is right, the legislative year is not over, but it is only a month, month and a half, until the legislative year is over and Somerset retains the Cup. So what we need to do is . . . I know that we can . . . I know we are going to go into Cup Match knowing Somerset is going to retain the Cup, but we also need to know going into Cup Match that our roads will be safer, that drunk driving will be curtailed, and that we will have either roadside sobriety testing or roadside sobriety checkpoints by that time. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Bermuda House of Assembly The Chair will now recognise the Honourable and Learned Member from constituency 31, MP Shawn Crockwell. You have the floor.
Mr. Shawn G. Croc kwellYes, thank you, Mr. Speaker. I think it is incumbent to just address some of the comments made by the Honourable Member. First of all, I encourage the Honourable Member to continue to advocate and push the Government to get this done. And so I am glad that he has …
Yes, thank you, Mr. Speaker. I think it is incumbent to just address some of the comments made by the Honourable Member. First of all, I encourage the Honourable Member to continue to advocate and push the Government to get this done. And so I am glad that he has raised the issue and I encourage him to do so. I would prefer if he did it with a bit more accurate information in some instances because he is sitting right next to a former Minister of Transport who had to grapple with the same issues, Mr. Speaker. So this is not new. In fact, I remember when I raised it , I had to deal with the former Permanent Secretary for Transport, Major Telemaque, who looked at me and said , That’s a hot issue, Minister, you’ve got a lot of lan dmines you are going t o have to navigate on that one. Because although the Honourable Member just said that, you know , there are no constitutional issues, the fact of the matter is there are constitutional issues with this in terms of randomly stopping and checking ind ividuals. You may recall, Mr. Speaker, the p olice did that in the past and there was a huge outcry. In fact, I can recall Barrister Rick Woolridge being public about how that was unconstitutional because it encourages profiling, Mr. Speaker. And a lot of individuals felt that there was a certain demographic that was being targeted in those random stops. Now, at the time, it was not for breathalysers, but it was search and the like, okay? So we had a significant issue when the p olice tried to randomly stop individua ls. And then when you are talking about arrest before testing, that was what I had proposed, that is what the Bermuda Police Service would like to have. Not arrest in the traditional sense in terms of we are going to take you back to the police station, but in o rder to have the authority to force an individual to be tested they have to be under the authority of the p olice. So if we just pull over a car and say , I want you to do a test , that person can say , No thank you. What power does the police have in th ose instances to enforce? Unless that person is under the arrest of the . . . if he is under the authority of the p olice officer, then the p olice officer can say , I demand that you take this breathalyser. Otherwise, the only way that the police can do it is if the police have probable cause, and probabl e cause is when the individual is driving erratically or do or is the individual . . . is [there] emanating from the individual significant odour of alcohol? Then, under those circumstances, the p olice Office r would have probable cause to arrest the individual and then de-mand a breathalyser test. So there are some issues and, unfortunately, once it got to the offices of the Attorney General’s Chambers and the DPP with opinions being provided, we have differing opinions and some very strong opi nions that certain things will not be able to go forward. So I understand when I was last Minister, I can tell the Shadow Minister now, that I brought this to my Permanent Secretary’s attention on a weekly basis — where are we? What are we doing? We actually , the Government, so the Honourable Member knows, we went out and identified the actual instrument that we wanted to use for the breathalyser testing. We brought it here and we brought someone to provide a demonstration to the police service. They were involved in that presentation. They approved it, they liked it, they found that it was conducive to what they wanted to do, so almost everything that the Government could do has been done. Now we are waiting for the head of t he police and the lawyers for the Government to work out the right halfway house, if you will, that satisfies the p olice in terms of the authority they want and satisfies the lawyers in terms of what will be within the remit of the Constitution. So that is where we are, and I would encourage the Shadow —encourage the Junior Minister, my apologies —as well as the substantive Minister in another place to try to continue to push this along. There are other things that are on the Go vernment’s agenda as well to introduce alternative v ehicles, particularly for our guests, particularly for tourists. And I have to say, Mr. Speaker, that just this week I was coming onto Harbour Road off of . . . what is the road right there before ice cream that comes onto Harbour Road?
[Inaudible interjection]
Mr. Shawn G. CrockwellLover’s Lane. No, was it Lover’s Lane or Manse [Road] ? Anyway, I think it was Lover’s Lane. And this tourist —it was a mother and a daug hter—and the mother was in front on a bike and I do not know why she thought that she was supposed to …
Lover’s Lane. No, was it Lover’s Lane or Manse [Road] ? Anyway, I think it was Lover’s Lane. And this tourist —it was a mother and a daug hter—and the mother was in front on a bike and I do not know why she thought that she was supposed to turn up Lover’s Lane with traffic coming down the one way, and so she makes the turn and fortunately I was there, and then the daughter who was watching what the mother was doing almost ventured into the other side of the road on Harbour Road. I mean, it was almost a serious disaster. And I was sitting there saying to myself, you know, these bikes are hazar dous to our guests. And I am not looking to put an ybody out of business at all because these rental . . . those cycle businesses that rent these bikes , that is their bread and butter . But you know, we have seen too often on our roads tourists come here and what is supposed to be a wonderful vacation turns into som ething that is very tragic. And I just think that we have to support the legislation when it comes that is going to allow for an 1970 3 June 2016 Official Hansard Report
Bermuda House of Assembly alternative, particularly when the America’s Cup comes. One of my biggest concerns as Minister of Transport was how we are going to effectively transport the thousands of people that are going to be here at the same time when it is our peak season. So we are talking about a significant amount of traffic in this country during the America’s Cup —our bus system, our taxi system, our minibus system, our ferry system , and rent -a-bike—all of thi s is going to be under severe stress. And kudos to the organisers for the World S eries Event , it seemed to go very well . I know that the ACBDA have a plan to address this, but I am con-cerned about it. But I have to tell you that whenever I see a tourist r iding on a bike . . . and you know , we have changed. Mr. Speaker, I have told you this , and I will say this publicly . I will not say I had the fortune, Mr. Speaker, but I had to say you made me late, so I will say I had the misfortune of driving in one mor ning b ehind you. And you are the most law -abiding motorist on our roads, Mr. Speaker. You never go beyond 20 miles an hour . Okay?
[Laughter]
Mr. Shawn G. CrockwellAnd I never passed him. I looked in my rear view mirror to see about 30 cars behind me and we all just cruised in nice and slow behind the Speaker of the House. And when I saw you I told you , Well, I can vouch, as the Minister, …
And I never passed him. I looked in my rear view mirror to see about 30 cars behind me and we all just cruised in nice and slow behind the Speaker of the House. And when I saw you I told you , Well, I can vouch, as the Minister, that you are a law-abiding Speaker of the House. [Inaudible interjection]
Mr. Shawn G. CrockwellOkay. And I will vouch that he certainly was not texting, Honourable Member. But, Mr. Speaker, we have to very mindful when we are driving behind our tourists. Once upon a time when we saw a tourist on the roads , we were very cogni sant of it and we …
Okay. And I will vouch that he certainly was not texting, Honourable Member. But, Mr. Speaker, we have to very mindful when we are driving behind our tourists. Once upon a time when we saw a tourist on the roads , we were very cogni sant of it and we made sure we stayed some ways behind the bikes and gave them some space so they did not feel, you know, anxious. Now adays there are cars right up behind the tourists, the tourists get nervous, they almost . . . you know, they would have an accident just because of the pressure , drivers are beeping their horns, they are overtaking, which has got to be traumatic for our tourists because of the narrowness of our roads and the windiness of our roads. So I would urge and encourage all of Bermuda, I know that we now live in a far more hectic and busy world, but if you are out on the road and you see tourists, show them some consideration, show them some respect, give them their space, because for them it is very foreign when they are on our roads , and the last thing we want is for th em to have a fatal accident, or any accident at all. They are here to have wonderful memories. But I want to say to the Honourable Member, I hear you. We are just . . . we are there with you. No one in this House is happy about, you know, the fact that in dividuals continue to drink and drive. But again it comes down to personal responsibility. There is no one in this country who believes it is okay to drink and drive. And not only are you taking your own life into your hands, you are endangering other people. It is unacceptable. And so we are with you, Honourable Member, I encourage you to keep the Government’s feet to the fire, maybe in a more diplomatic way , and it is our intent to get it done. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 13, MP Diallo Rabain. You have the floor. WORK PERMITS AND THE NATIONAL OCCUP ATIONAL CERTIFICATION ACT
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Mr. Speaker, last week we spent quite a bit of time discussing a motion to bring a joint select committee to discuss entrepreneurial opportunities, employment opportunities, and the like. Now , I am not reflecting on that, but it kind of just leads into som ething …
Thank you, Mr. Speaker. Mr. Speaker, last week we spent quite a bit of time discussing a motion to bring a joint select committee to discuss entrepreneurial opportunities, employment opportunities, and the like. Now , I am not reflecting on that, but it kind of just leads into som ething that I wanted t o discuss today. And one of the things mentioned by my ho nourable colleague sitting next to me was what one of the Honourable Members last week spoke about , that within the next year or two there would be over - employment in Bermuda.
[Inaudible interject ion]
Mr. Diallo V. S. RabainWell, Mr. Speaker, we were just issued some written replies to some questions that I asked, and I think some of these answers speak directly to that claim of over -employment coming. Because if you talk to some, the definition of over - employment is the need to issue out …
Well, Mr. Speaker, we were just issued some written replies to some questions that I asked, and I think some of these answers speak directly to that claim of over -employment coming. Because if you talk to some, the definition of over - employment is the need to issue out work permits be-cause there just are not enough Bermudians to fill those positions. But, Mr. Speaker, I specifically asked for work permit numbers on some specific categories and there was a particular answer for that. And the categories are motor mechanics, electricians, landscape garde ners, and welders. Now, Mr. Speaker, I , and I would hope the rest of us were shocked to realise that there have been 217 work permits issued in these categories since 2013— 217! And I was further taken aback to learn that 180 of them have been for landscape gardeners —180 work permits for a position that does not require much in terms of formal education, but much in terms of experience and skill set.
Bermuda House of Assembly Now, Mr. Speaker, I was very specific about these categories because they are very special i ndeed. They are very special because all four of them fall under the National Occupational Certification Act [2004]. What that means, Mr. Speaker, is that in order to be lawfully employed in t hese fields , you must have national certification. That is a requirement. Now, Mr. Speaker, when this was put in place back in 2009 it was an important step in levelling the playing field. It meant that anyone applying for a work permit had to compete aga inst a Bermudian who was already deemed certified in that particular category. So if you applied for a permit you had to prove that this person had equal qualifications and could be certified locally in Bermuda. This was put in place in 2010 for the electr icians, the welders, and the motor m echanics. There were plans, Mr. Speaker, to add plumbing, carpentry , and masonry to these categories but an election happened in 2012, a new Government was put in place, and direction changed. Interestingly, Mr. Speaker , landscape gardener popped out of nowhere and became one of the categories deemed as needing national certification, and the rest of them were put to the wayside. That is the decision the Government made. I do not understand why that decision was made. But, Mr. Speaker, the Act that covers this allows for a fine of up to $10,000 for violation of this Law. And what that means is that if the Department of Workforce Development is doing their job and they go out on a site and they find someone working in tha t position and they cannot show that they are nationally certified, the employer is fined $10,000 every time that they are working in that position. Now, Mr. Speaker, if you will allow me to read from the legislation as well, section 4(3), and it states, “A person shall not work or be employed in a desi gnated occupation which requires compulsory certific ation unless that person has been granted a national occupational certificate in that occupation.” And again, from section 17, “A person guilty of an offence under this Act is liable on conviction by a court of summary jurisdiction to a fine not exceeding $10,000.” Mr. Speaker, I go through that exercise because it comes as no surprise to me, as part of the questions asked on those 217 work permits issued, how many of them have qualified for or been issued national certification? Lo and behold the answer to that is and I read, “presently there is no data on how many of these issued work permits as motor mechanics, electricians, landscape gardeners, and welders for the years 2013, 2014 and 2015 have qualified and have been issued national certification.” Now, Mr. Speaker, this is amazing to me. It is amazing because we have a law in place that says you have to be certified, we have a law in place that will fine you as a potential employer for hiring anyone under these fields, and there is supposed to be a list of everyone who is certified kept at the Department of Workforce Development and on their website so you can check and see if they have been registere d. So to come back with an answer that says there is no data means that they have not been registered —simply put. There is no other way to answer that. There is no other way to answer that. Now this brings us to the crux of the matter. The crux of the mat ter is we have legislation that states you have to be certified in these particular designated fields. We have data that states that no one has been certified since before 2012. We have a D epartment of Workforce Development under which the National Trainin g Board falls that is charged with ma king sure that anyone who is in these professions is certified. They are not doing their job. You have a D epartment of Immigration that is approving permits for people who are not qualified to be certified. The D epartment of Immigration is not doing their job. Mr. Speaker, this Government has allowed this to happen right under their noses. There has been a policy that was put in place to protect Bermudian jobs by levelling the playing field and they have run roughshod over that policy.
[Inaudible interjection]
Mr. Diallo V. S. RabainOh, I am getting to that. Thank you for reminding me. Not only have we found out they issued these permits, but they have not bothered to get them nationally certified. Where do we go f rom here? What do we tell our people who are looking for employment? What …
Oh, I am getting to that. Thank you for reminding me. Not only have we found out they issued these permits, but they have not bothered to get them nationally certified. Where do we go f rom here? What do we tell our people who are looking for employment? What do we tell our people who are out there getting their national certification, who are paying the fee to get nationally certified, and then [Government] are letting people come in her e, get permits, and not have to go through the same process? And they are not policing the process and finding the employees that are deliberately circumventing this law. What are we to do with that? Now, Mr. Speaker, I suspect that this Government knew w here I was trying to go with this b ecause we get this disclaimer under the answer to the question, and it says, “it should be noted the Depar tment of Immigration and Department of Workforce Development are currently working together to create a policy for designated occupations to confirm that all applicants for work permits meet the minimum qualif ications for certification and are ensured that they are certified within the 90 days required by the legislation.” Mr. Speaker, this Government has been in power since December 2012. This legislation has been in place since 2009. This Government brought in the landscape gardener legislation and it was effective in 2014. We are now two years on and they are sa ying we are still working on how we can figure this ou t. All the while our Bermudians are not getting the jobs that they deserve. How is that protecting Bermudian 1972 3 June 2016 Official Hansard Report
Bermuda House of Assembly jobs? How does that reconcile with the former Minister of the Department of Immigration who gave out statements almost weekly —Look at the great job we’re doing. Look at how we’re protecting jobs . Look at how we are fixing the mess you created. Look at how we are [putting] things in place to make sure Bermudians are employed —all the while circumventing the law. All the while allowing employers to be i ssued work permits that are, essentially, illegal. Where do we go from here? There are 180 landscape gardeners out there that are not certified. Let ’s times that by $10,000 and see where we are today , let’s times that by $10,000. Now, Mr. Speaker, I do wa nt to say that there is a provision in the Act to allow for this certification to be circumvented. And, Mr. Speaker, allow me to read the [Act] because it is section 4(4)(c) and it allows you to circumvent by saying, “holds a certificate” —
[Inaudible interjection]
Mr. Diallo V. S. RabainThe Bill is the National O ccupational Certification Act 2004 and it states, if someone “holds a certificate or other document granted by a board, an institution or other body in an overseas jurisdiction in that occupation, and —(i) has filed an application under this Act to have that certif …
The Bill is the National O ccupational Certification Act 2004 and it states, if someone “holds a certificate or other document granted by a board, an institution or other body in an overseas jurisdiction in that occupation, and —(i) has filed an application under this Act to have that certif icate or other document recognised as being equiv alent to a national occupational certificate in that occ upation and that application is subsisting.” So what it is saying is if the empl oyer brings something that says , Hey, this person I have hired has a certificate that is equivalent to national certification, then the Minister has the latitude to bypass that.
DEPARTMENT OF WORKFORCE DEVELOPMENT
Mr. Diallo V. S. RabainBut, Mr. Speak er, I would not say that if I did not have something else to say about it. We heard on numerous occasions about the wonders of the Job Board—the wonders of the Job Board! I will add that the replies to the questions for the Job Board …
But, Mr. Speak er, I would not say that if I did not have something else to say about it. We heard on numerous occasions about the wonders of the Job Board—the wonders of the Job Board! I will add that the replies to the questions for the Job Board was “we are unable to determine the inform ation as the information is not available.” Answer : Information is not available. Answer : Information is not available. That is the reply. And all I am simply asking is , How many jobs ? But the question is , Would the Honourable Minister provide this Honourable House with what is the total number of jobs advertised on Job Board and how many have been filled by a Bermudian not registered by Wor kforce Development? Answer : We are unable to determine. A Bermudian that has been registered by the Department of Workforce Development and registered on Job Board —Information is not available. A work permit was issued or renewed for any of these jobs — No information is available. What is Job Board doing? If we cannot ascertain how effective it is in two and a half years, what is the point of having it? But we get statements saying, But it sends you out e- mails to let you know what work permits are becoming available, what work permits are expiring. And that is very important because I mentioned about how [people] can ci rcumvent having national certification. So, let us take a look at some of the work permit renewals that are coming up, or work permits expir ees, for landscape gardeners. Let us take a look at some of them and see what the description is , because what they list on the work permit expirees is what was shown to the Department of Immigration to qualify for their work permit. So let us take a look at one of them here. Required competencies and skills and abilities —experience in hard and soft landscaping, horticultural, nursery , and masonry or carpentry —
Mr. Diallo V. S. RabainMr. Speaker, did anyone hear me read about any certification they had from anywhere to qualify for this permit? They did not , but a permit was issued in contravention to the laws of this Island. Let us take a look at another one. Oh, this one has got a …
Mr. Speaker, did anyone hear me read about any certification they had from anywhere to qualify for this permit? They did not , but a permit was issued in contravention to the laws of this Island. Let us take a look at another one. Oh, this one has got a lot of description. “Required competencies and skills” —and this is, again, from the Job Board — “must be a hard worker and willing to work weekends, public holidays when needed, own transportation would be a plus, an applicant would also be an excellent timekeeper, applicant must have clean criminal record and comply with our policy of drug testing . Please reply with two references that you have ex-perience in landscaping hardscape field, two char acter references stating person of good moral con duct.” Do we see anything about qualifications there, any courses? This work permit that was issued act ually presented to say, No, you do not have to have a national certification, but you can come here and work anyway. How many people are registered on the Job Board or at Workforce Dev elopment that have these qualifications ? “Hard worker ” . . . who determines that? I know we have the National Training Plan that was produced —Part 1 —that is not worth the p aper that it is printed on.
Mr. Diallo V. S. RabainCompletely not worth the paper that it is printed on! If it was, it would have been brought to this House to be debated on.
An Hon. Member An Hon. MemberAh! Bermuda House of Assembly
Mr. Diallo V. S. RabainIt would have been brought up here to be debated on. If it was, Mr. Speaker, they would have included former employees of the hosp itality field when they interviewed people to find out why people are not moving to that. But no, they interviewed employers only. Why would they …
It would have been brought up here to be debated on. If it was, Mr. Speaker, they would have included former employees of the hosp itality field when they interviewed people to find out why people are not moving to that. But no, they interviewed employers only. Why would they do that? And then, Mr. Speaker, to add insult to injury there is a word- for-word copy of a section that was printed from a Vancouver Workforce Development policy that was like five years old. I could not believe it when I read it. I could not believe it. But we did debate that in another place, so that is why I know that. It is not worth the paper it is printed on and that is why Part 2 is still . . . we are still waiting to see it. We keep hearing it is coming, we keep hearing it is finished; but we have not waited to see it . Four and a half years [sic] into a five- year adminis tration and we are still trying to figure out h ow we are going to get our people employed . That is what we are looking at . . . three and a half, sorry. Now Mr. Speaker, it is clear from the OBA’s arguments last week they have all the answers.
An Hon. M ember: Yes, they do.
Mr. Diallo V. S. RabainThere is nothing that comes from over on this side that can assist . Nothing can come from the people in the public to assist because they have all the answers. And the answer we are getting so far is , Let’s figure out a way to circumvent the law …
There is nothing that comes from over on this side that can assist . Nothing can come from the people in the public to assist because they have all the answers. And the answer we are getting so far is , Let’s figure out a way to circumvent the law . Let’s figure out a way to say that it is . . . let’s figure out a way to say that we have over -employment because we are issuing out all these work permits . But the issuing of work permits contravenes the very things w e put in place to protect jobs for our people. How do they reconcile that? How does the Minister — former Minister —of Home Affairs reconcile his stat ements about , We’re protecting Bermudian jobs and we’re making things better? How does that reconcile with the employment statistics of last year that says that more jobs were created for non- Bermudians than Bermudians? How do we reconcile with that? Two hundred and fifteen permits were issued since 2013—217 permits were issued and for not one of them can they prove they have either a qualification that exempts them from being nationally certified or that they have even been nationally certified. What are we going to do, Mr. Speaker? I am going to wrap- up soon because I really want to know what they are going t o do about this. Will they send out people to these employers and say , Hey, that person can’t work unless they get certified. Sorry, we haven’t done anything since 2012 about it, but we are going to do something within the next 90 days. This is where we are right now, Mr. Speaker. This is exactly where we are. This Government . . . there is a trust deficit that is growing within this Gov-ernment. When people talk about Workforce Development, they talk about it as if it is like Financial A ssistance. They do not want to show up because they do not feel like they are going to get any help. How can we have a department whose sole task is to help our people find employment and people do not even want to engage that department ? What are we doing about that? That is the question we need to ask ourselves. And when we look at 217 permits being i ssued for positions that Bermudians can fill because, according to the work permit renewals, all you need to do is be a hard worker , I am sure we could find som ebody around here who can work hard. I am quite pos itive. And I dare anybody over there to stand up and say that Bermudians are not hard workers. I dare . . . I dare the Member who says we are going to have over-employment to stand up and say , Bermudians are not hard workers so they shouldn’t qualify for this permit. That is what we want to hear, Mr. Speaker . What are they going to do to alleviate this problem that they have deliberately allowed to go on under their noses at the detriment of our people of Bermuda? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 28, MP Jeff Sousa. You have the floor.
Mr. Jeff SousaGood afternoon, Mr. Speaker, and good afternoon Members of the House and those of the listening audience.
The SpeakerThe SpeakerGood afternoon. WORK PERMITS AND THE NATIONAL OCCUP ATIONAL CERTIFICATION ACT
Mr. Jeff SousaI could not wait for the last speaker to take his seat. How dare the Member from constit uency 13 say that t he National Training Plan, which was created by the hard- working members of the N ational Training Board, is not worth the paper that it was on! …
I could not wait for the last speaker to take his seat. How dare the Member from constit uency 13 say that t he National Training Plan, which was created by the hard- working members of the N ational Training Board, is not worth the paper that it was on! I mean, to say that in this H onourable House, when all these people worked on this on a volunteer basis . . . this truly was a plan created by the people, for the people. And just to let that Honourable Member know , and others in this House, as well as those in the li stening audience, Part 2 of the Plan is completed. It is now being prepared by DCI [ Department of Comm unications and Information] to be printed. And I said 1974 3 June 2016 Official Hansard Report
Bermuda House of Assembly that before in this House, so obviously some people must have wax in their ears. But, Mr. Speaker, moving on, as the last Member who took his seat touched on landscape gardeners, this is certainly som ething that I can talk about personally , as 40 years ago I started my apprentic eship scheme with the Department of Agriculture and Fisheries . I have spent my life in the trade . I live it, drink it, and eat it. And I do agree that there are companies in Ber muda that abuse policies. I have stated that with many Members in this House, with yourself , Mr. Speaker, meeting you when you were the former Minister of Immigration. Likewise Member of Parli ament Derrick Burgess, likewise Colonel Burch. My track record f or going to Immigration and bringing these flaws and bringing the companies that abuse these policies to the fore has been there, I mean, all along. So I wish to state that there are people that abuse it. But let us look at the other side because I have been an employer for over 30 years. You have the Jobs Board, you have . . . you know, and again, to stand in this House and ridicule and trash the hard-working people of the Department of Workforce D evelopment, I cannot tolerate that. And, I mean, I am the C hairman of the National Training Board. I am not involved —
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
Mr. Jeff Sousa—in the day -to-day activities of the Department of Workforce Development.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF OR DER [Misleading] Hon. Zane J. S. De Silva: I think the Honourable Member is misleading the House, Mr. Speaker. I do not believe I heard MP Rabain ridicule or denigrate the people on the Board.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Carry on.
Mr. Jeff SousaThank you, Mr. Speaker. But carrying on [with] the landscape gardener, again, I look at it from the point of view which I have as an employer. I have looked at it from the point of view of the employee. Because as I have said in thi s Honourable House …
Thank you, Mr. Speaker. But carrying on [with] the landscape gardener, again, I look at it from the point of view which I have as an employer. I have looked at it from the point of view of the employee. Because as I have said in thi s Honourable House before, I remember a time when I worked at Elbow Beach when I was 18 years old and I felt like a foreigner in my own country , when I was a member of the Bermuda Industrial Union, when Molly Burgess was my representative. So I understand first -hand and I am telling this to my brothers and sisters all the time who I employ, I am very proud to say that the majority of the team at Sousa’s Landscape Management and Sousa Gardens are Bermudian. I am very proud of that. On this same note, becaus e there are two sides, there are always two sides to the coin, and again, when you are not in the trade you really cannot speak to it, but on the landscape gardeners side, I recall a time, Mr. Speaker, when I was the Chairman of the Occupational Advisory C ommittee for Horticulture and I put three of my Bermudian young men on a programme at the Bermuda College. So they were spending a day at the c ollege, same pay, their pay did not get interrupted, but I was paying for their educ ation. Mr. Speaker, people of Bermuda, all three quit! Since then, two begged for their jobs back, but as my other managers in the company said, Jeff, there are other people who want opportunities, give them opportunities. One guy went on to get another opportunity to be sent away by the people of Bermuda to be a butcher, which is another category that needs lots of Bermudians, and he quit that too —the same guy that quit the horticulture one! So the opportunities are being given to our people on a daily basis . All right?
[Inaudible interjections]
Mr. Jeff SousaAnd, of course, because I am an employer (right?), many of these guys are being called and they do not even answer their phones . You know , so the employers get . . . so I understand both sides because obviously I know . . . I know these …
And, of course, because I am an employer (right?), many of these guys are being called and they do not even answer their phones . You know , so the employers get . . . so I understand both sides because obviously I know . . . I know these guys out there. But I do agree, as I said earlier, that there are companies that abuse it. And I am not going to stand in this House and , you know , say what they are doing is right , because what they are doing is wrong. It a lways should be B ermudians first in this country and that has always been my policy because, as I said, Mr. Speaker, when I was 18 years old I felt like a foreigner in my own country. So there is no way in heck that I can go against that. So there is more work to be done, but I do know from . . . you know, just today I was talking with the Director of Workforce Development , George Outerbridge, and the hard- working Manager there , Pandora Glasford, and, of course, preparing for our next board meeting. Right now the b oard is actually an awesome board, and these are all volunteers that put this together. And again, Part 2 of the National Training Plan, which is complete, people will be pleased with that because what it shows . . . it shows the people of Bermuda where the jobs are now [and] where they will be, right? You know , I look at examples when . . . and, again, our young people do need the guidance. I look
Bermuda House of Assembly at the former Minister of Home Affairs when he went to CedarBridge and he spoke to a class there and he asked the clas s what they would all like to do. The majority of the class said they would like to be a f orensic specialist like what you see on CSI. How many do we need in Bermuda, one or two? So you know, again, our people need guidance. We need people to be landscape gardeners. This is something that a lot of Bermudians do not want to do , and it has been that way for the last 40 years. When I was at the Department of Agriculture and Fisheries , you could count on one hand how many people were involved in horticulture i n that depar tment. And I will challenge anybody here who wants to stand up on that one, all right? Believe me. But things have changed , and it is good. And being a leader in that industry I am so happy to see that. I am so happy to see that . You know , [I] led the way in so many different areas in horticulture, lan dscaping, and the nursery industry. But again, I do agree more can be done. I stated that. I hate when I see ads in the paper that are advertising for landscape gardeners and they state, Must know how to graft citrus, must not be afraid of big dogs . That is ludicrous and should not be tolerated because nobody out there grafts . . . no landscape gardener grafts citrus in the tree. So that is put in there to actually keep Bermudians from doing the job. So I understand that, all right? Actually , what I would suggest, and I will talk to the Minister, is that all ads should be the same when it comes to the newspaper , and they should not be all different when it comes to a landscape gar-dener. It is differ ent when you talk about a horticu lturalist or you talk about an irrigation specialist or a rboriculturist. You know, those different categories because they are very technical . They are very technical. Mr. Speaker, I was not planning on talking t oday, but t here was no way that I could sit here and listen to (I will be nice ) what I heard from the Member that took his seat, you know, talking about the N ational Training Plan and talking about the workers , the hard workers that work just below us here in the old Magistrates Court Building down here for the Depar tment of Workforce Development. It is not easy. We are hoping to guide our people and, you know, help them. I know down there they are helping guys like my mate, Allen Richardson, write their résumés and, you know, guide them . But it is not easy. And I certainly will continue to work with the people at the Department of Workforce Development and likewise with the National Training Board. I mean, I was telling MP Rolfe Commissiong a little earlier , he stood to highlight Cora Wells and, of course, she is now on the b oard. We have some unbelievable people on the board that are giving of their time on a vo lunteer basis. I mean, the amount of time that the board spent on putting together Part 1 and Part 2 of the National Training Plan is incredible because it was weekend workshops, it was long lunchtime sessions — all on a volunteer basis. And what the people of Bermuda will find, as they did with Part 1, is that Part 2 is a very valuable Plan, and, I must add, Bermuda’s first National Trai ning Plan. The former Government never did a plan. The One Bermuda Alliance put that Plan in place for the people of Bermuda and I am sure that when people read Part 2 of the Plan, which goes along with Part 1, they will see that it is worth the paper it is written on. Thank you very much, Mr. Speaker.
Hon. Patricia J. Gordon -Pamplin: Good job.
The SpeakerThe SpeakerThank you very much, Honourable Member. The Chair will recognise the Honourable Member from constituency 29, who was up a l ittle earlier. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, it is funny we are talking about jobs yet again this week. And the Honourable …
Thank you very much, Honourable Member. The Chair will recognise the Honourable Member from constituency 29, who was up a l ittle earlier. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, it is funny we are talking about jobs yet again this week. And the Honourable Member who just took his seat seemed to get his feathers a little ruffled when MP Rabain pointed o ut some ineff iciencies and some things that are taking place that should not be taking place. But I will give one suggestion to that Honourable Member, Mr. Speaker , because I am not sure if he has finished Part 2. Because one moment he said it is almost f inished, the next minute he said it is fi nished. If he has finished this report, let ’s get it out there. Let’s get it done. Just put it out in the public. I can tell you, when I was the Minister of Health and I developed a National Health Plan , I had talked about it for a long time, gave people updates . . . I do not recall too many updates being given to the House. Maybe the Honourable Member needs to do that. Give people updates. Let us know when it is coming so that we can be prepared and ready for when it [comes] .
GAMING
Hon. Zane J. S. De Silva: But Mr. Speaker, I would like to talk a little bit today about something that i nvolves jobs as well , and that is gaming. Mr. Speaker, you will know that it has been almost a couple of years now since we pass ed the Gaming Act . Mr. Speaker, my question to the OBA is, What is going on with gaming? What is happening with gaming? We had a referendum that was thrown in the trash because of some PLP conspiracy that we were going to stop the people in this country fr om coming out to vote. So they threw that in the trash and said for the efficiency of time and money , we were just 1976 3 June 2016 Official Hansard Report
Bermuda House of Assembly going to move forward. So they brought it to this House, Mr. Speaker, and passed it. But where are we? What is going on? In February, Mr. Speaker, we had the former Minister Crockwell read a Ministerial Statement in this House and he said that they had made very positive inroads and we can look forward, Mr. Speaker, to legislation coming to the House. Mr. Speaker, he said that the Gaming Commi ssioner hit the ground running. So where are we? Where are we? We were promised that we would get updates by the Minister . Now, I know the OBA have had some challenges, and I think they have had about three Ministers of Tourism this year, Mr. Speaker —and c ounting. The year is only six months past. But, Mr. Speaker, so what is going on? I believe it was the Honourable Dr. Grant Gibbons who held the post temporarily, and being tied so closely to the America’s Cup I would have thought that he would have cert ainly pressed it, Mr. Speaker. So what is going on? Now, Mr. Speaker, the Chairman of the Commission did a podcast at Bernews this week. And I listened to that and I was very interested to hear that the Chairman said that he had received 11 applic ations f or gaming, Mr. Speaker . He said he received 11 applications. So my question is, now again, if we had a Minister, maybe it is because Dr. Gibbons is a part - time Minister . . . is he full -time or part -time, I am not sure? Maybe he is saving the tax —
[Inaudi ble interjection ] Hon. Zane J. S. De Silva: He is part -time.
[Inaudible interjection] Hon. Zane J. S. De Silva: Yes, the Minister confirms he is part -time. Well, maybe therein lies the problem, Mr. Speaker, in that we have Dr. Gibbons who is a part - time Minister, maybe he does not have the time. Maybe he does not have the time. Dr. the Hon. E. Grant Gibbons: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Dr. Gibbons. POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: The Honourable Member i s misleading the House. I know he is just trying to get under my skin here, but I can assure him that while I may be paid part -time, I can assure him …
The SpeakerThe SpeakerAll right. Thank you, thank you. Hon. Zane J. S. De Sil va: Well that is good to know, Mr. Speaker, working full -time at Gibbons Company, at Clarien Bank, and at Colonial Insurance— yes, he is working full -time. Dr. the Hon. E. Grant Gibbons: Point of order, Mr. …
The SpeakerThe SpeakerHonourable Member, take yo ur seat. Take your seat. Hon. Zane J. S. De Silva: Yes, okay. I did not hear a point of order.
The SpeakerThe SpeakerYes, he did. Oh yes ; you may not have heard, but — [Laughter] POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: The Honourable Member does not listen. My point of order is he is misleading the House again, Mr. Speaker. I am not working full -time at …
Yes, he did. Oh yes ; you may not have heard, but —
[Laughter]
POINT OF ORDER [Misleading]
Dr. the Hon. E. Grant Gibbons: The Honourable Member does not listen. My point of order is he is misleading the House again, Mr. Speaker. I am not working full -time at any of those places because I am working full -time with Government. Thank you.
The SpeakerThe SpeakerThank you, sir. Hon. Zane J. S. De Silva: Oh, I thought he said he was working part -time in Government, Mr. Speaker. But certainly if he is . . . Oh, paid part–time; but he certainly had enough time to pose in the papers this week to celebrate long- …
Thank you, sir.
Hon. Zane J. S. De Silva: Oh, I thought he said he was working part -time in Government, Mr. Speaker. But certainly if he is . . . Oh, paid part–time; but he certainly had enough time to pose in the papers this week to celebrate long- term employees at, I think it was Clarien Bank or Gi bbons Company . So it is nice that he is spreading his wealth of knowledge to all of us Bermudians, Mr. Speaker. But what I would like to see, what I would like to see, Mr. Speaker, is the OBA . . . I know it has now left Dr. Gibbons and I think it is, I b elieve it is, with the new Tourism Minister , Minister Fahy. Well , being that he does not sit in this Honourable House, maybe Dr. Gibbons (because he was a former Minister) might want to talk to his former Minister of Tourism and get some information and br ing it back to this House, Mr. Speaker. Bring it back to the House and give us an update as to where we are with gaming. Now, Mr. Speaker, the Chairman, Mr. Sch uetz, said this week in his podcast that he had received 11 applications. So my question would be , Well, who are they? And by the way, Mr. Speaker, in case you did not know it , and in case the Bermudian people did not know it, with each application there is a $50,000 non-refundable deposit —$50,000! So, if my math is
Bermuda House of Assembly correct, Mr. Speaker, that is over half a million dollars. So, did we actually receive 11 applications or did we not? Now , if anyone wants to verify what the Chai rman said they can go onto Bernews and they can check it for themselves to see what the Chairman actually said. And Mr. Speaker, unless I have a problem with my ears, he said that he received 11 applications. So, that is $550,000. Now , the other question I have is, where did that $550,000 go? Does it go to the Gaming Commission, the Consolidated Fund, or does it go to the Ministr y of Tourism? Does it go to the Bermuda Tourism Authority so that, you know, we can pay off some bonuses this year , because as I understand it may be they have been put on hold for a little while, but maybe with this extra money they are going to start pay ing them out again? I do not know. But see, unless we get updates from the OBA Gover nment we can only assume, especially when we get little tidbits from their Chairman. Now, Mr. Speaker, the other thing that I found interesting that the Chairman said . . . in fact, no, not what the Chairman said, what former Minister Croc kwell said, Mr. Speaker. And in his Statement in February —and this is the Minister’s S tatement —he said— [Inaudible interjection]
Hon. Zane J. S. De Silva: Minister Crockwell, former Minister Crockwell. He said, they (the Commission) reviewed the Act and had made recommendations. Now, Mr. Speaker, if this was in February and if the Commission made recommendations after reading the Act, surely , surely by now —March, April, May, we are now i nto June, we are going into the fourth month—surely . . . well maybe it is because the Mini ster is part -time. Well, now we have, I do not know if Minister Fahy is full- time, but if he is not full -time we have another part -time Minister. But between the two part-time Ministers, maybe they will have enough time to bring legislation, the recommendations that the former Minister Crockwell in February said were ready. Four months. Now, Mr. Speaker, why am I talking about all of this? Because, like every other Member on this side, we are concerned about jobs. And while we are talking about jobs, Mr. Speaker . . . if I can just fiddle through my notes a moment —
[Inaudible interjection]
Hon. Zane J. S. De Silva: I will get to that in a minute. Because we all know . . . well, again, the Chairman of the Commission has said publicly and he said again last week that Casino Gaming in Bermuda can generate at least 1,000 jobs. Maybe that is what MP Sousa was talking about last week when he said that we will have over -employment in another year and a half. And my mathematics tell me, Mr. Speaker, that between now and the next election we are going to have about 5,000 new jobs because in order to have over -employment that is where we have to get to. So maybe, maybe, those changes in legisl ation, the recommendations from the Chairman, will be forthcoming shortly , and maybe we will have a Casino operating very soon. Maybe we will have three or four. Mr. Speaker, was the former Minister Croc kwell that good? That we have had an Honourable Member like Dr. Gibbons who comes in, should be able to hit the floor running because he certainly seems to be the Minister of everything at times, you would think that he could hit the floor running, talk to the Gaming Chairman, talk to his good friend Alan Dunch, and they would be able to say , Listen, where are those amendments that the former Minister Crockwell laid . . . mentioned in his Ministerial Stat ement in February? Where are they? Let’s press on; let’s get it done. We need to put Bermudians to work. And maybe gaming is just one of those because we have heard about that for several years, Mr. Speaker. Now, Mr. Speaker, the other thing that the Chairman said that really caught my attention was this, now check this out, Mr. Speaker, he said, “those amendments to the Act are going to help us to i ncrease taxes and raise dollars” —his words. Those amendments are going to help us to raise taxes and therefore raise dollars. Now, why does that hit us, Mr. Speaker? You know why that hits us? B ecause he then went on to say, after being questioned by ( what is his name?) Jeremy Deacon, I believe it was , who did the interview. He asked him about the training of Bermudians. And he said—the Chairman—that the process for the training of Bermudians is in the works. But you know what, Mr. Speaker? He then—and this is all on the podcast so you can listen to him speak, it is not someone printing the wrong thing, misquoting, you can listen to him speak, Mr. Speaker . He said that that is in the process. But I will tell you what else he said that should catch everybody’s [ear] , he said, “and if we do not have a funding mechanism for training” —get it? —“a funding mechanism for training, all it is is a pipe dream.” So the training of Bermudians in the casino gaming arena is a pipe dream unless they raise taxes and raise money, Mr. Speaker. It is a pipe dream. So, Mr. Speaker, that should be concerning to everyone and it should be concerning to the Premier as well (who just came in), because I am sure that he wants our Bermudians to work just like the rest of us, Mr. Speaker . Just like the rest of us. The other thing, Mr. Speaker, that caught my ear was that he said that the Singapore model cost Singaporeans $13 million a year.
[Inaudible interjection]
1978 3 June 2016 Official Hansard Report
Bermuda House of Assembly Hon. Zan e J. S. De Silva: It was a wrong way to go, Mr. Speaker. Now, the other thing that the Chairman said was that if we follow the Singapore model it is going to delay the process tremendously. It is going to delay the process tremendously, Mr. Speaker. I am starting to wonder now, Mr. Speaker, if this choice by former Minister Crockwell has been the wrong choice. That is what I am starting to wonder, Mr. Speaker. We need jobs now. This Act was passed in 2014, it is now 2016, Mr. Speaker . What is taking them s o long? Is it because of the constant reshuffling of the chairs on the deck ? (I think that is the term .)
[Inaudible interjection]
Hon. Zane J. S. De Silva: Yeah. Is that it, Mr. Speaker? Well, I tell you what, the Honourable Dr. Gi bbons just said that we should know on this side. Mr. Speaker, I will tell you what, history will show that the Progressive Labour Party in our 14 years never had the amount of shuffling that they have had. And the good thing for the OBA, Mr. Speaker, is that they will not be in that long. They have only got a year and a half because if they were to get another five years . . . I mean, look at how much shuffling . . . they have done more shuffling than a Blackjack dealer in a C asino.
An Hon. Member An Hon. MemberYou would know. You would k now. [Inaudible interjections ] Hon. Zane J. S. De Silva: And I would know that . Yes, I would know that. Yes, I would, Mr. Speaker. [Laughter] Hon. Zane J. S. De Silva: So you see , whenever anyone from the OBA comes dashing …
You would know. You would k now.
[Inaudible interjections ]
Hon. Zane J. S. De Silva: And I would know that . Yes, I would know that. Yes, I would, Mr. Speaker. [Laughter] Hon. Zane J. S. De Silva: So you see , whenever anyone from the OBA comes dashing in this Cham-ber, Mr. Speaker , and I am on my feet, I always think that they have come in here because they want to make a point of order.
[Inaudible interjections ]
Hon. Zane J. S. De Silva: Yes, yes. And of course, the Honourable Member Pettingill who just took his seat, he went to Singapore too. Now we will not say how much that trip cost, will we? We know that was one of our most expensive trips on record. That is for sure. And when Minister Crockwell , former Minister Crockwell . . . I have to say “former .” I might as well say “former ” every time I mention a Minister’s name over there, Mr. Speaker, be-cause the shuffling that is going on over there, Mr. Speaker, is unbelievable. But, Mr. Speaker, I would like to [speak] about another point . How is the time going?
The SpeakerThe SpeakerFive minutes. Hon. Zane J. S. De Silva: Five minutes left? Wow, Mr. Speaker, I had another couple of . . . Mr. Speaker, I would like to quote from the Ministerial Statement on February 26 th, [sic] and it is an important quote, Mr. Speaker. And it goes like …
Five minutes.
Hon. Zane J. S. De Silva: Five minutes left? Wow, Mr. Speaker, I had another couple of . . . Mr. Speaker, I would like to quote from the Ministerial Statement on February 26 th, [sic] and it is an important quote, Mr. Speaker. And it goes like this, from former Minister Crockwell: “The Commission is assigned the responsibility of executing the Casino Gaming Act 2014 designed to increase employment and investment through Casino development.” [Bernews, 31 August 2015] Now have you got that, Mr. Speaker? Designed to increase employment and investment through Casino development . Well, I will ask again, what is going on? Why is it taking so long? And Mr. Speaker , I will put my hand up, I have no interest . My . . . my . . . I did not have $50,000 non- refundable to submit with an application. If not, I would have probably put one in, Mr. Speaker, because you know ever ybody knows that I am certainly a proponent of gaming. But, Mr. Speaker, as I only have four minutes left, the other thing I would like to get former Minister and maybe the Junior Minister . . . we have . . . that is right. I forgot . We have a Junior Minister of Tourism now. Oh, but who does gaming com e under? Does it come under Dr. Gibbons? Is it under . . . I do not know, but maybe one of them on that side, Mr. Speaker, can tell us something else. Maybe give us the air travel expenses, because I understand that our Chairman loves to fly . Our Chairman of the Gaming Commission loves to fly . And I would like to know how much money has been spent just on air travel alone, Mr. Speaker. And he does not fly, like me, economy, Mr. Speaker . He likes to fly up front.
[Inaudible interjection]
Hon. Zane J. S. D e Silva: Well, my honourable co lleague, Lovitta Foggo, says, Ask a Parliamentary question. Well, I am hoping with this little bit of information and because the Chairman was so adamant that he get on this podcast this week, Mr. Speaker, I am hoping that someone on that side can get up and tell us a little bit more about what the Chairman and his Commission are doing because, you know, how much money have they spent so far? You know , I understand that we have a Commissioner that was brought to us from the h ighest r egard, maybe former Minister Crockwell might be able to get up and talk in a minute and tell us about why he chose him, or maybe the Junior Minister —
Mr. Mark J. PettingillPoint of order, Mr. Speaker. Bermuda House of Assembly The Speaker: Yes. POINT OF ORDER
Mr. Mark J. PettingillHe has referred to, with r espect, that Honourable Member any number of times (he is not here), to the former Tourism Minister choosing the current Chairman and so on. That is not the way that that goes about with regard to how that Chairman was appointed.
The SpeakerThe SpeakerAll right. Thank you. [Inaudible interjection]
The SpeakerThe SpeakerThank you. GOVERNMENT PORTAL Hon. Zane J. S. De Silva: Well, maybe the former Minister can clarify t hat, Mr. Speaker, maybe he can. Now, Mr. Speaker, I just wanted to mention one other thing before I take my seat. The Gover nment website, the cost of it, Mr. Speaker, …
Thank you.
GOVERNMENT PORTAL
Hon. Zane J. S. De Silva: Well, maybe the former Minister can clarify t hat, Mr. Speaker, maybe he can. Now, Mr. Speaker, I just wanted to mention one other thing before I take my seat. The Gover nment website, the cost of it, Mr. Speaker, is $741,000 . When that hit the airwaves this week, Mr. Speaker, I received several e- mails from people in the IT bus iness and they could not believe it. And not only b ecause we spent almost a million dollars so far , Mr. Speaker, but I understand that the site (and I am not a tech guy) is far worse than what it used to be. Is it true? Tell me it is not true.
[Inaudible interjections ]
Hon. Zane J. S. De Silva: And the other thing, Mr. Speaker, that I have been told is that we could have had this —
[Inaudible interjection]
Hon. Zane J. S. De Silva: —we could have had this— [Inaudible interjec tion]
The SpeakerThe SpeakerI would like to hear the speaker, not all the chimes behind you. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker, I appreciate that.
The SpeakerThe SpeakerI would like to hear the speaker. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. But, Mr. Speaker, I would implore the OBA Government because of the very poor product that we have—the inferior product that we developed —that they should maybe put out an RFP . I …
I would like to hear the speaker.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. But, Mr. Speaker, I would implore the OBA Government because of the very poor product that we have—the inferior product that we developed —that they should maybe put out an RFP . I do not know, maybe they did for this and maybe friends and family were chosen, I do not know, Mr. Speaker. I do not know who did the system, but let me say this, Mr. Speaker, I received several e- mails from people that develop IT systems and they could not believe the price —$700,000—almost a million dollars, Mr. Speaker, that we kno w of. Because, as we know, Premier Dunkley told you about the trip to Portugal and said, Well, here are the expenses, but the Attorney General is under his Ministry, not mine. You know how they float things around to different ministries. So I do not know how much that new portal [cost], it might have been , you know, one and half million for all we know, Mr. Speaker. So, but that gave me concern because I received several e- mails, Mr. Speaker.
ENERGY COMMISSION
Hon. Zane J. S. De Silva: Now, Mr. Speaker, just real quickly, the Energy Commission; again, our part -time Minister , Dr. Gibbons. You know , are they that low on talent that they cannot get Ministers to concentrate on certain things —
[Timer beeps]
The SpeakerThe SpeakerThank you, Honourable Member. Thank y ou, Honourable Member. The Chair will recognise the Honourable Member from constituency 5, MP Derrick Burgess. You have the floor. DEPARTMENT OF WORKFORCE DEVELOPMENT Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, sometimes I reall y like to hear the Honourable …
Thank you, Honourable Member. Thank y ou, Honourable Member. The Chair will recognise the Honourable Member from constituency 5, MP Derrick Burgess. You have the floor.
DEPARTMENT OF WORKFORCE DEVELOPMENT
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, sometimes I reall y like to hear the Honourable Member , Jeff Sousa, speak because he is very positive in the things that he does in his business and on the boards he is on. And it would appear to me, as a listener , that his Cabinet colleagues are really not listening to him . Because if they were, I think we would have different results than we are having today, particularly when it comes to une mployment. Mr. Speaker, let me correct him on some things, on programmes that were in place with the Progressive Labour Party Government. I can assure you that the Progressive Labour Party put in place a programme to train waiters to work in the hotel industry. And I do know, Mr. Speaker, that when the contract was given out for the cleaning of the Railway Trail, in the contract was a proviso that they hire some Bermudians, I think as many as six, to train them and to get them ready to go in that field. We were di smissed from Government shortly afterwards , so I do not know the results of that, but that is something that we did. 1980 3 June 2016 Official Hansard Report
Bermuda House of Assembly Also, M r. Speaker, while I am on my feet , I want to give . . . I know this is not congrats, but Roger Parris who works at the Parks —
Some Hon. Member s: Yes, yes. Hon. Derrick V. Burgess, Sr.: He has got a great programme down there and he has had it for at leas t the last five years where he trains young people to become landscapers and that sort [of thing] . In fact , last year he had a graduation for them and there is one scheduled later on this month for these young people. He is doing a great job and he is als o getting support from the local community, businesses and that sort. So , I just urge and hope that Roger Parris will continue with that programme because it is an A -1 programme, and he likes what he is doing, he loves what he is doing, and certainly he is very close to chi ldren. And also I get concerned when I hear about the Workforce Development. Are they working with Immigration, Mr. Speaker? Because what we have is carpenters, we have masons, we have all these types of mechanics and the list goes on, e lectricians, that are unemployed— Bermudians —whilst we are still . . . while the Government is still giving permits to bring in foreign workers. I know one time on the Immigration Board they worked with . . . they were not called Workforce Development then, it was called Labour , and when applications came in for certain jobs they had to check with the Labour Department to see if any Bermudians were available and they would give a r eport to the Immigration Board to say no, or whatever way, and based on that a decision was made to hire or not to hire, Mr. Speaker. Mr. Speaker, as you saw in the newspaper (I think it was yesterday ) the courts upheld a case concerning discrimination of Bermudians —black Bermudians in particular. And the reason why it went to court is because the employer appealed the decision of the Human Rights Commission. And even though I do not agree with some of comments by the Human Rights Commission when it concerns overtime, over-time is enshrined in the 2000 Act . And you will see it in the ILO Standards and Conventions, something that for the last, I think five or six years , we (Bermuda) have not participated in the ILO Conference that will start on Monday —something we should never be absent from. But it is something I would hope the new Minister will take on to make sure that our employers and labour attend that convention. It is a very important convention. But back to the case on the discrimination, Mr. Speaker, today on many work sites where you will go you will find the majority of the workers on that site are white. I do not know whether [they are] white Bermudians or white foreigners, but they are white. And that does not reflect the make- up of our population. It does not reflect it. And on some of those sites you will see all white, and a lot of these folks work straight time. And if a Bermudian is asked to work they say, Yes, we will work, but is it the time and half ? And whatever the rates are, they are told they cannot , and very shortly they become very unpopular with the employer and there they go. And once you find Bermudians that are u nemployed, all it does is make the disparity of income between blacks and whites . . . it just widens it. As you will see every year the gap, the disparity of income, between whites and blacks has i ncreased. And this Government is not committed to working on that because this happens in the private sector . It is not in the government sector, it is the public sector because, as I said before, and I will continue to say, that sector has been taken care of by their unions. I would urge this Government [to note this] if they want to stop these daytime robberies, particularly daytime robberies, because daytime robbery is one of desperation. When you find a person that probably has a couple of children and cannot feed them, he does not have a job, he does not have any money, and he says , Well, it’s desperation. I’m going to do this. Now , I am not promoting that. But I understand it , I understand it.
[Inaudible interjections ] Hon. Derrick V. Burgess, Sr.: If someone does not . . . somebody on the other side says Financial Assi stance. But they really do not understand the culture of some of our people. Some people really do not want to go up in that line, they need this money now, not to go to Financial Assi stance (and I am not bringing down Financial Assistance ) to go there and wait for whatever time it takes in order to get this money. Their child is hungry now and they need that food now. Some probably do go to Financial Assistance . But, as I said, the pr oblem is what they need right now, Mr. Speaker, because in this country we are treating not only Bermudians, but foreigners in partic ular, paying them below the rate of pay , below a liveable rate. And a living wage is a human right. If you look in the ILO Standards you will see that a decent wage is a human right. And many, many of our wor kers in this country, their human rights in that regard are being violated.
REGULATION OF REST HOMES AND NURSING HOMES
Hon. Derrick V. Burgess, Sr.: And, Mr. Speaker, before I sit down, I would just like to say I hope this Go vernment will support the Minister of Health and I hope that they will accelerate what the Minister spoke about this morning, that they would like for the private sector to develop rest homes. Well, that is good in a sense, but it did not give them an incentive.
Bermuda House of Assembly We have got to give these investors incentive because I really do believe that the care of our people, whether it be young or old, Government must accept some responsibility —not all of the responsibility , but they must accept some responsibility. And if the Government can give incentives for the private sector to do it, that is great. And so I would hope, I am pretty sure the Minister of Health, Ms. Atherden, is on the right page, but she needs help from the Cabinet and that Committee over there, not because I said it, but because it is right to do. We have to take care of our seniors and our children in particular. Mr. Speaker, the Government wastes too much money on things that I do not think are very i mportant when our children need money to go to school, when our children are not being fed and are going to school hungry, we need to look at these types of things. We need not to be taking trips as a courtesy, as a protocol, to some other country when we have got children going to school hungry. We have got to take care of these problems first, and then you can take those trips. You must take care of home first. And with that, Mr. Speaker, I want to thank you.
The SpeakerThe SpeakerThank you, Honourab le Member. The Chair will now recognise the Member from constituency 33, MP Jamahl Simmons. ST. GEORGE’S HOTEL PROJECT
Mr. Jamahl S. SimmonsMr. Speaker, I rise to my feet today to ask a question of the Government. And while I recognise that this is not Question Period, it is a question of great interest and significance to people across the Island. What is the status of the hotel property in St. George’s? …
Mr. Speaker, I rise to my feet today to ask a question of the Government. And while I recognise that this is not Question Period, it is a question of great interest and significance to people across the Island. What is the status of the hotel property in St. George’s? We were made to understand in this h onourable Chamber and outside this Chamber that ground will be broken in June. Now I would have expected that today the Honourable Minister, the Premier, or the Honourable Junior Minister, or someone would get to their feet and provide an update as to when the shovels will go into the ground, when the advertis ements for the jobs for the construction workers will go out, when all of the processes that we will see that this is becoming a reality are moving into place, chugging along, and becoming what they should be. Mr. Speaker, we on this side feel the pain of Bermuda’s unemployed. We see it every day and they are desperately hoping for a ray of sunshine —not some economic figures, not some retail figures . They want to know when they open the paper there is a job there for them that they can do, that they will have a fair shot of obtaining, that they can actually earn a living and provide for their families. Mr. Speaker, the Government has an oblig ation on this project —the most important project we have probably seen since Tucker’s Point —of keeping the people up to date and abreast of what is going on. Mr. Speaker, there cannot be any ambiguity about this, it must be transparent. And if the hotel property will not be breaking ground in June, then I think the Junior Minister, the Premier, or someone has an obligation to come to Parliament and be honest and say , You know what ? It is not June, it is July . It is not July, it is August . It is not August, it is September . Whatev er it is. We have seen the folly, we have seen this date move before, and we know under us dates moved before as well. But . . . but, there was a promise made in this Chamber that we guarantee that ground will be broken in June. But yet, silence. It is co ncerning, because when you look at the fact that we have not heard from St. Regis, when we look at the fact that there has been a change of ow nership at Bank of Butterfield that has expressly said that they are not particularly interested in getting into hotel development , and this is one of the major f inancers of the project . We also look at the fact that the Government —
[Inaudible interjection]
Mr. Jamahl S. SimmonsWell, yes, as one of my colleagues points out . When you go to the St. Regis’ website yo u do not see Bermuda on there yet, and these things are concerning. And you know . . . look, I think most of us when we were children our parents …
Well, yes, as one of my colleagues points out . When you go to the St. Regis’ website yo u do not see Bermuda on there yet, and these things are concerning. And you know . . . look, I think most of us when we were children our parents would tell us just be honest , just tell the truth whatever it is . It is better to tell the truth— whatever it is —than to continue to dangle hopes that . . . it is easier if you tell a person, You know what ? It’s not July, it’s December . A person can say , You know what ? I can hold out . But when you are in a limbo, it is heartbreaking for that person seeking a job, Mr. Speaker. Mr. Speaker, while I am on my feet, I was very disturbed by some comments made by the Minister from another place who sits in another place about access to the beach in St. George’s. I was very di sturbed, Mr. Speaker, and I will tell you why I was very disturbed. I can trace my family (my mother’s side of my family ) in St. George’s back to 1760. My mother tells a story of how she could not understand when she was a little girl her grandmother would take her to this beach at the crack of dawn and she could not understand why they could only go to the beach at the crack of dawn. Mr. Speaker, do you know why they went to that beach at the crack of dawn? Because it was segregated and blacks were not allowed on that beach. This was in St. George’s i n the lifetime of my mother who is still alive. 1982 3 June 2016 Official Hansard Report
Bermuda House of Assembly So, Mr. Speaker, as a Bermudian whose great -great -grandparents on my mother’s side are buried in St. George’s, my great -grandparents and my grandparents , access to the beach is not a minor i ssue. Access to t he beach is not something that has been stirred up by the Opposition, as he would have us believe, Mr. Speaker. Mr. Speaker, I believe the Honourable Mini ster who sits in another place forgets who he works for when you hear, in my opinion, the disrespect ful tone in which he dismisses legitimate concerns of Bermudians. It is not appropriate. If you work for the peo-ple, you stand up for the people. You allay their concerns, you address their concerns, and you give them the confidence you will fight for them . But instead of this, Ah! It’s no big deal . It’s no big deal , you know, what are you getting upset about? But . . . but the hi story is not there, Mr. Speaker, perhaps that is it . Perhaps that is it. Perhaps if I was in Canada I would feel the same way ab out a beach there. I might feel that way because I have no connection there. But there are people in this country that have connections to the land and it is important that this issue be handled openly, transparently, and, again, just like the day we are g oing to break ground on this hotel, the clearer we are, the more open we are, the more honest we are, the more trust you will begin to rebuild after the mas-sive trust deficit that has been built. You have to at some point start digging out of the hole of distrust that has been created—not by the actions of the Opposition, because I can tell you I am a PR person and there is only so much you can do to convert something that has a positive image to nega-tive. You can do so much . But if you genuinely are positi ve you can turn it around. But if your actions . . . see, Mr. Speaker, what happens is this . And I am going to use this analogy : If a man beats his wife and you say to her , He’s beating you. He is not stirring up trouble; he is reporting what is happening. So when we report the issues, when we question the issues of trust, we question the issues of lack of transparency, we are doing our job. But like the Honourable Minister who sits in another place, I t hink sometimes there are people in this Chamber and outside of this Chamber who forget who they work for.
BERMUDIAN JOB DISCRIMINATION
Mr. Jamahl S. SimmonsThe tone that we take when we speak to the people . . . and the Honourable Member who took his seat earlier who started talking about Bermudians, Oh, we hired two and they ran off somewhere. Right? And gives light to the fact that most of the people that …
The tone that we take when we speak to the people . . . and the Honourable Member who took his seat earlier who started talking about Bermudians, Oh, we hired two and they ran off somewhere. Right? And gives light to the fact that most of the people that have been hired did not do that. We act like Bermudians are some special creature that, you know, the moment you give us some responsibility we are go ing to run off because it has rained, we are going to . . . And that is the narrative that we hear. It is the dehumanisation of Bermudians that we continue to hear. You hear it at the beach when you talk about the beach at St. George’s. You hear it when yo u have Members who sit in another place who talk about, Well, Bermudians, if they need work they can just go and get a job, when the only people in Bermuda who are fully employed are non-Bermudians. This is the challenge we have. So, Mr. Speaker, we on thi s side see that this is bigger than politics. It has to be bigger than politics. To that unemployed person who probably has never listened to a broadcast of the House of Assembly, does not watch the news, all he knows is that at the end of the month his pa ycheque is not going as far as it should, if it is coming in at all. For that person we have an obligation to listen to his concerns about em-ployment, Mr. Speaker. And I think it is good that my honourable co lleague who just took his seat raised the issue about this court case because it takes me to another issue I would like to touch on real briefly. We have a company that has been found to be discriminating against Bermudians, black Bermudians in particular. Now, Mr. Speaker, what have we heard for years? We would never discriminate against Bermudians. It’s not cost -effective, it’s easier . . . we have heard this, right? But, Mr. Speaker, the argument I always make . . . racism and anti -Bermudian attitudes are not logical. And so you cannot reason these at titudes out of people, but what you can do is make sure that when they are caught doing it, you rap their knuckles so hard they cannot even pick up a pencil again. The weight of the law hits them. And right now the weight of the law is not sufficient as a deterrent to these employers who harbour racist or anti -Bermudian attitudes in their hiring practices. And it is clear in this economy, in this day and time, that the punishment does not fit the crime. And these criminals are not being deterred by what is on the books. So we need to put our heads together, and this is where I think it is the missed opportunity of coming together when employment failed, because these are things we can talk about. The reality of employers who out of one [side of their] mouth say, Why, I always try to hire Bermudians. But you know I just cannot find one, and that there. But then they have cashiers that cannot speak English. Okay? Cashiers that cannot speak English properly. The same people that say, Oh, I cannot find a Bermudi an, but you can find somebody in another country that cannot speak English? You know, waiters, and they say, Oh, I can’t find a Bermudian because being a waiter requires learning a trade, but you have waiters who have never been a waiter before and are bei ng trained by Bermudians. So, Mr. Speaker, it is clear . . . it is clear that something is very wrong and the root of it is a lack of
Bermuda House of Assembly openness and transparency. And I believe that the Government is now . . . they have got their poll -tested messaging and they are starting to beg for more time. They are starting to beg for more time, they say, It’s hard, you know. The problem is bigger than we thought it would be. And, If we just had a little bit more time. Lord, if you give me more time. “Sinnerman, where yo u gonna run to?” (You know that song. ) Time is running out. Stop begging for time. The time and energy that you spend begging for time you could be using that time to do the work. The Honourable Member who took his seat in defence of and spoke in defence of the Workforce Development Plan, he said many people have worked on this Plan. Many people worked on the Titanic too, many people worked on the Titanic .
[Laughter]
Mr. Jamahl S. SimmonsSo let us be clear. The job of Government is not easy. [Inaudible interjection]
Mr. Jamahl S. SimmonsAnd you know what, Mr. Speaker? The Honourable Member said, It’s free . You get what you pay for, Mr. Speaker. Because maybe if they had spent a couple of dollars more we would not be waiting into the fourth year of a Government whose main priority was to create …
Mr. Jamahl S. SimmonsBut, Mr. Speaker, I am not going to be all day. We . . . we— [Inaudible interjection]
Mr. Jamahl S. SimmonsSee, he is just pr ovoking me now. [Laughter and inaudible interjections]
Mr. Jamahl S. SimmonsMr. Speaker, the Honourable Member has a lot to say in his seat, but when he stood on his feet he had nothing really to say except what he has done in his private sector business. He also referred to the fact, the Honourable Member, that he has seen ads …
Mr. Speaker, the Honourable Member has a lot to say in his seat, but when he stood on his feet he had nothing really to say except what he has done in his private sector business. He also referred to the fact, the Honourable Member, that he has seen ads in the paper that he thought were inappropriate. And the question I ask is this—What did you do? He spoke to three former Mi nisters. And you know what, Mr. Speaker? I have to give credit to people like the Honourable Member Leah Scott, because she took to the press and took her complaints out in public. I have to give credit to the Honourable Member, the former Minister of Tourism, they spoke out. But, you know, if you are just running to former Ministers, what is a former Minister going to do for you? What is he going to do? You could not talk to the current Minister, Honourable Member?
POINT OF ORDER
Mr. Jeff SousaPoint of order, Mr. Speaker. I just want to clarify something. I have spoken to the current Minister about this same topic.
Mr. Jeff SousaI have spoken to every Minister of Immigration for the last 30- plus years.
The SpeakerThe SpeakerThank you. Thank you, MP Sousa.
Mr. Jamahl S. SimmonsWell, I will say this: He could have saved some time by talking to the current Minister. He could have saved a lot of time by talking to the current Minister, or the former Minister, or whatever is happening over there now. But, Mr. Speaker, this speaks again t o …
Well, I will say this: He could have saved some time by talking to the current Minister. He could have saved a lot of time by talking to the current Minister, or the former Minister, or whatever is happening over there now. But, Mr. Speaker, this speaks again t o the ineffectiveness and the weakness of the One Bermuda Alliance Backbench. When a Backbench of the Government has to come to the floor of this House and complain about ads in the paper that do not fit immigration policy, and he is in charge of Workforce training and cannot do anything about it, what is going on over there, Mr. Speaker? I mean, they are very quick to point the finger at us, but, you know, this is disturbing. I would encourage the Honourable Mem-ber that when you own a business and you have money coming in and you are able to take trips and you are able to do what you want to do, perhaps cr eating jobs for other people does not have a sense of urgency for you. Perhaps it does not have that fire that people have, that they should have for this . Maybe that is why it is taking so long. But, Mr. Speaker, action needs to happen, if not now, when? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 21, MP Rolfe Comm issiong.
Mr. Rolfe CommissiongMr. Speaker, I first want to commend the great job that was done tonight by the newest Member of these Chambers, the represent ative of constituency 13, MP Diallo Rabain, who highlighted how there are companies in Bermuda that are wilfully contravening the Act and the Law and doing so …
Mr. Speaker, I first want to commend the great job that was done tonight by the newest Member of these Chambers, the represent ative of constituency 13, MP Diallo Rabain, who highlighted how there are companies in Bermuda that are wilfully contravening the Act and the Law and doing so with impunity at the expense of Bermudians. The Minister has not gotten to her feet yet. I am hoping that she will. But I have not heard enough condemnation of these types of actions on the par t of 1984 3 June 2016 Official Hansard Report
Bermuda House of Assembly some within the employee category to the extent that we can be satisfied that our Government listened and is as outraged as we and growing numbers of Bermudians are about these practices.
HUMAN RIGHTS COMMISSION TRIBUNAL’S RULING BY CHIEF JUSTICE IAN KAWALEY
Mr. Rolfe CommissiongMr. Speaker, getting back to the issue that was raised by the Honourable Member from constituency 5, the Honourable Derrick Burgess, in the matter of the recent affirmation of the ru ling of the Human Rights Commission Tribu nal on the matter that concerned the issues raised and the mat-ters …
Mr. Speaker, getting back to the issue that was raised by the Honourable Member from constituency 5, the Honourable Derrick Burgess, in the matter of the recent affirmation of the ru ling of the Human Rights Commission Tribu nal on the matter that concerned the issues raised and the mat-ters raised by Mr. Pernell Grant emanating out of his employment with Apex Construction. I too am outraged by what was affirmed by the Chief Justice, who deserves credit. Mr. Speaker, Apex Cons truction has now b ecome the poster child for so much that is wrong in our employment sector. I have more than passing familiar-ity with the five- to six -year-old ordeal, and that may be a conservative estimate that the Bermudian carpenter , Mr. Pernell Grant , endured. I remember vividly at the time of him coming to me, not too far from where the company was erecting an office tower on the western side of Hamilton near a restaurant I used to frequent, to give me almost weekly updates about the ongoing frustrat ion and exploitation he was made to endure. And I say , shame on Apex Construction and its principal, Mr. Gilbert Lopes, for what has been determined was totally unfair and for indulging in practices that held Bermudians workers —qualified tradesmen such as Mr. Grant and others —in co ntempt. But you see Mr. Pernell Grant is not the only Bermudian— black Bermudian —who has had to endure these types of practices within the employment sector. This has been going on for years. I heard my Honourable Member from cons tituency 33, just now, talk about how a Bermudian—a black Bermudian — could not get a job, but yet they can go to a restaurant and find a foreigner who cannot even speak English doing the same job they were rejected for. But let me tell you something. Let us go back to 1954 or 1955. My father says we had a family friend who went to Berkeley Institute, a top graduate who could not get a job as a salesperson in the “ Jim Cro w” Bermuda of that era, back in the 1950s. But yet that same job was given to a foreigner who could not speak English. How have things changed? “ Jim Cro w” is no longer the law of the land, but in practice, in real terms, is it not still existing? Again, I was exceedingly pleased to have the Supreme Court rule in the affirmative. Mr. Speaker, the Royal Gazette here, I just want to read a par a-graph from the 1Royal Gazette that covered the case, if I may, with your indulgence. It says here “t he board found” (this is the Chief Justice commenting) “The board found that di scrimination was proved; not on the primary pay - related grounds” (and I will get to that in a second) “(which were not made out), but on the subsidiary ground that black Bermudi an workers were hired as a low-grade employee class with no promotion prospects and with a view to obtaining work permits for foreign workers to do the ‘real work.’” So in this case a few token black Bermudians were hired, but only as a front to give the impression to the decision- makers at the Immigration level that they were on board with Bermudianisation, that they were on board with racial diversity in the workplace, but in real terms they were not. This is abominable, Mr. Speaker, abominable. Again, i n 2016 . . . so for all those who say that those things are just a figment of our imagination, those things are just something from our bad past —no! They still exist. You see, Mr. Speaker, this discussion is coming up all the time now about the living wag e. This is a consequence of people not being able to earn a living wage, because remember, these token black emplo yees were only placed at the bottom rung of the co mpany hierarchy and thus would not have been able to achieve the same sort of rate of pay and benefits as the foreign workers who were brought in here. So it is a real cost that people pay for racism and anti - Bermudianism in this community. Maybe the cost can be measured by the number of school children in the primary and middle school, [who] go in there with empty bellies who cannot even have a lunch being provided for them. Maybe the cost is played out in the hundreds, since 2012 and 2011, who have actually left Bermuda and relocated to places like the UK seek ing economic relief, people who essentially have become economic migrants. And my colleague was right earlier . We always heard the rationale to push back against any accusations of bias against Bermudians or black Bermudians , Why would I do that? It’s so expensive. Why would I hire a forei gner? Come on, it doesn’t make any sense, Mr. Commissiong. Mr. Speaker, we have, again, noted that these practices have gone on for decades. It is time for them to stop. And some of them, some of these practices, they were going on during the time when t he PLP was in Government too. Some of them were. You know, on this side of the aisle, some of us became a little complacent because the economy was going such great guns that it blinded us to the very, very, real deficie ncies and obstacles that are so inherent structurally and systemically and which impact negatively Bermudians, and particularly, black Bermudians in this economy.
1 2 June 2016
Bermuda House of Assembly But now the tide that was in has all rolled out and you can no longer ignore it. So I am not just sa ying that the other side tak e all responsibility here in terms of a fix and/or the lack thereof so far. But let us not be in denial anymore. Mr. Speaker, Mr. Pernell Grant, he had another ground that he put before the Tribunal and was not successful. That was on the issue of overtim e because, if I can just add here, and I just want to again quote from the Royal Gazette, “Mr Grant’s complaints about not being given overtime opportunities may have been caused by his insistence on being paid one-and-a-half times the base wage for work beyond 40 hours while other workers received ‘ straight time ’.” Mr. Speaker, I am sorry, I believe that overtime pay for overtime work should be considered a right and not a privilege. Go back about seven or eight years , as you know , this issue came . . . even in terms of confronting the PLP Government and about the opt - out that many companies had crafted to ensure that many of these foreign- based workforces that they had were not going to buck the system that they wanted to put in place, which was to ensure that these workers would be here and work for no overtime pay , would work for straight time, straight pay, in terms of more than 40 hours per week or more than an eight -hour day. I understood that some of them were even . . . some companies went as far as to make employe es sign contracts and waivers, if you will (my terminology). And, Mr. Speaker, I just want to now move to the Employment Act 2000, and I want the Members on the other side to stay with me here and those liste ning, because I think somewhat of a simple fix , although no substantial fix often can be that simple, but it may be in this case. [Part II, Conditions of Employment] of the afor ementioned Employment Act, Mr. Speaker, [sections] 9(1) and 9 (2) it says here with respect to overtime: “9(1) Any hours worked by an employee in excess of forty hours a week shall either —(a) be paid at the overtime rate; or (b) be paid at the employee’s normal hourly wage and compensated by giving him the same number of hours time off in lieu.” So you had two opti ons, either you were paid at the overtime rate, time and a half in the first i nstance, or in lieu of that you received hours off or hours time off in lieu. But there is an opt -out here as well because what has happened is you go down to subsection (2)(a) and (b) it says: “(a) where the employee is a professional or managerial employee whose statement of employment indicates that his annual salary has been calculated to reflect the fact that his regular duties are likely to require him to work, on occasion, more than forty hours a week; or” —and this is where the tire hits the road—(b) in any other case where the employer and employee agree that it shall not apply.” You see, that is where the t yre hits the road. This is where the . . . this becomes . . . that became the portal to continued exploitation of Bermudian l abour right there. I repeat again, [section] 9(2)(b) of the Employment Act, “or in any other case where the employer and employee agree that it shall not apply.” That is why the Tribunal did not see fit to rule for Mr. Grant, because the other employees from P oland, Azerbaijan or wherever they were [from] . . . and I just want to say something here. This is not about . . . and I have heard my brother , Derrick Burgess, the Member from constituency 5, excuse me, Honourable Member (he always reminds us of this ), it is not about blaming the foreign worker. This is about if there is any blame or responsibility to be apportioned it should lie at the feet of the Bermudian employer and Bermudian companies wh o indulge in these practices. That is where our focus needs to be and that is where our fix needs to be directed toward. And so I am saying that we need to find a way to perhaps amend that [section] 9(2)(b) and to elim inate it, I think, so that overtime pa y, again, is not a privilege in Bermuda— it is a right. Mr. Speaker, I would just hope that we can draw the proper lessons from this. This is a national issue. It is not a PLP issue; this is not an OBA issue. If we are going to ensure that our people are going to earn liveable wages, if we are going to ensure that the least amongst us are not going to be totally disadvantaged by the growing levels of income inequality in Bermuda, again, my brother and Honourable Member from constituency 5 pointed out about t he growing disparity because in Bermuda, yes, you will find i ncome inequalities growing. But guess what? Because of the racial realities of what we are in our history, that income inequality will be borne out along racial lines. That is not healthy for Ber muda. Remember, again ( one more reminder ): It says here the “Board of Inquiry” —again in the Royal Gazette —“stated: ‘The respondents had absolutely no intention of training or promoting Bermudians generally, or black Bermudians in particular.’” If there is something that we can hold hands on, I am hoping that it is this . And that we can find the appropriate amendment to address that anomaly here and that is probably using a euphemism on the overtime issue. We have to, again, tackle this issue and the levels of income inequality. This is one small item , one small way in which we can contribute to ensuring that those who are at the mercy of unscrupulous employers —and do not get me wrong, most are not —but we have more than enough in Bermuda who are not going to be able to continue to exploit Bermudian workers , and particularly black Bermudian workers as so vividly demonstrated by the recent affirmation of the Human Rights Commission Tribunal’s ruling by Chief Justice Ian Kawaley. Thank you, sir.
1986 3 June 2016 Official Hansard Report
Bermuda House of Assembly [Desk thumping]
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 3.
Ms. Lovitta F. FoggoYes, thank you, Mr. Speaker. Mr. Speaker, I have to get up and speak on this because I guess I am disheartened because t oday in Bermuda we still have a situation where many of us can say that there are two Bermudas. And you have heard many of my …
Yes, thank you, Mr. Speaker. Mr. Speaker, I have to get up and speak on this because I guess I am disheartened because t oday in Bermuda we still have a situation where many of us can say that there are two Bermudas. And you have heard many of my colleagues speak today that have given evidence to the fact that there is indeed two Bermudas. Many of us could say that there are two Bermudas. We have heard many of our colleagues speak today that it has given evidence to the fact that there are indeed two Bermudas. Many of us have lived that, or have examples in our family bac kgrounds that speak to that fact. Many of us can speak to instances where we hear reports, whether it be blue-collar or white- collar work, where people are being treated differently. Mr. Speaker, when the Progressive Labour Party began to talk about the Workforce Equity Act, we had people calling us (different Members) who . . . just the idea of the Workforce Equity Act becoming a reality where people were called in to offices and had their pay scales changed. Some people reported that their pay was increased by $20,000 to $30,000 because there wer e foreign workers working in the same positions, or lower positions, who were getting paid more than those who were deserving of the pay, and that their pay was increased to. We have young qualified Bermudians who have gone overseas and gotten degree after degree after degree, yet they come back and are confronted with the situation where they are told that they do not have experience, or do not have sufficient qualific ations, yet find out that there are people—foreigners — employed in those same positions w ho sometimes have no qualifications. And there are all sorts of anec-dotal evidence that speak to that. Mr. Speaker, you even have those who work in Human Resources in the private sector who can speak in detail about how the workforce in their specific inst itution is treated differently, especially when it comes to pay scales. Often you will find that Bermudians are not promoted as they should be. Yet, often it is a Bermudian that has to train the foreigner who is being hired into a position that they are su pposedly qualified for. So, Mr. Speaker, you know, as has been said many times of different situations (and even in this one), the more things change the more they stay the same. It seems like it is becoming a cultural thing that Bermudians are almost cons idered (if you will) su bstandard; they do not have what it takes to do an ything. When we were in the Progressive Labour Party, and I sat on the National Training Board too, we saw too many incidences of people, for instance, coming in or applying for lands caping jobs. So we introduced a programme to train landscapers. We put a moratorium in place to ensure that locals were hired in areas for which they were qual ified. We did that for waiters and waitresses. We developed a nail technician programme. And not just developed those programmes, but put a policy in place that ensured that those who passed . . . we linked them with the Workforce, got employment once they passed their programmes. And that happened to a very high success level. So, Mr. Speaker, when you look online or read the newspapers and you see situations where comments are being made about Bermudians, or you are even sitting in a restaurant and you hear others speak about Bermudians with such disdain, you know, I am at a loss. Why is it that in Bermuda, no matter what we say, Bermudians should come first, perennial practices seem to put Bermudians at the bottom of the totem pole? And we are all in this House to serve the best interest of Bermudians. We are here to serve our people. One would thi nk that we as a whole would be engaged in putting policies and other things in place that ensure— we just do not say it, but we ensure — that Bermudians come first in Bermuda. I look at the Bahamas, where the Bahamas put a policy in place where now you see, for the most part, 80 per cent of Bahamians making up the wor kforce in almost every industry in their country. You can see examples of that throughout other Caribbean i slands. Why is it that here in Bermuda we do not see the same thing happening? We tell our children every day, in education, You must go off and get qualified for this, that and the other, yet our children come back and cannot get a job. And it happens whether they be doctors, lawyers, accountants, you name it, they ca nnot get jobs for which they are fully qualified to secure.
An Hon Member An Hon MemberAnd they are told sometimes that they are overqualified.
Ms. Lovitta F. FoggoYes, they are. There are those who are told that they are overqualified. How can you be overqualified to do a job that you have the qualif ications for? [Laughter]
Ms. Lovitta F. FoggoIt makes absolutely no sense. Mr. Speaker, I just want to say this before I take my seat. Walt Disney said, speaking about her itage, “ Our heritage and ideals, our code and standards —the things we live by and teach our children— are preserved or diminished by how . …
It makes absolutely no sense. Mr. Speaker, I just want to say this before I take my seat. Walt Disney said, speaking about her itage, “ Our heritage and ideals, our code and standards —the things we live by and teach our children— are preserved or diminished by how . . . we exchange ideas and feelings. ”
Bermuda House of Assembly With what we see going about in the public domain on an ongoing basis, it is no wonder that some of our children coming up seem to not believe that they themselves, particularly our young black children, are capable. As an educator, I had one of my other educ ators report to me (because biology is my background, Mr. Speaker) in a classroom. And one teacher told a few of the other students, Well, go ask Ms. Foggo, about whatever s cience matter it was. And they said, No, we’ll go and ask (I will just say a false name) . . . we’ll go and ask Mr. Smith.
[Inaudible interjection]
Ms. Lovitta F. FoggoWell, when I say “false,” I mean I am not going to say the actual teacher’s name. Yes. Thank you. We’ll go and ask Mr. Smith. And when [the teacher asked], Why? [The students said] , Oh, because he’ll know more. [The teacher asked], Why? They would not answer why. …
Well, when I say “false,” I mean I am not going to say the actual teacher’s name. Yes. Thank you. We’ll go and ask Mr. Smith. And when [the teacher asked], Why? [The students said] , Oh, because he’ll know more. [The teacher asked], Why? They would not answer why. And then eventually one of the kids said, Because, you know, he is white. White people know more than us. And this is not a very long time ago, Mr. Speaker. Yet, when they went and asked Mr. Smith, guess what Mr. Smith had to do? He had to come to Ms. Foggo, because Ms. Foggo had the particular qualification to be able to speak in depth about the query that the students had. I am saying that because of what we see b eing practiced in our society on a daily basis because of the nonsense that we see written online with r espect to Bermudians. Because we have people who would dare to say in our local publications, Well, what is being Bermudian? You have people who dare to say that. You know , We all come from different cou ntries. Nobody asks, What is being American? Nobody asks, What is being English? But people would dare to come to our Island and say, Oh, what’s being Bermudian? Like there is no such thing! We have a duty to put policies and law in place that put our people—Bermudians —first. B ecause, guess what, Mr. Speaker? When the Corpor ation of S t. George’s had a Heritage Day, they asked some of us to participate in a poetry session. I elected to do that because it was aligned with heritage and because much of what I see in the public domain. I am going to finish on this, Mr. Speaker. I wrote som ething that spoke to what Walt Disney said with respect to heritage, and all of that. My comment was this, Mr. Speaker. I said: “Today I would like to remind our Bermudians that we need to celebrate all of that which disti nguishes us as a Bermudian and with dedication and perseverance, engage in behaviours” —and what I mean by “behaviours” are things like making sure we put policies and law in place that protect Bermudians, first and foremost —“which remind the world and those who grace our shores that there i s such a thing called Bermudian. And we are proud to be just that.” And so, Mr. Speaker, I want to remind our Members here and shout out to the public, in partic ular, and say that we must —we must —do better. We must ensure that we get law and policy in plac e that is going to serve our Bermudians in a non- discriminatory way. We cannot —we cannot —continue to have practices that disenfranchise Bermudians. We cannot con-tinue to allow people to have a voice that diminishes Bermudians in whichever way. It is unacceptable. We are Bermudians first and we have a right to be treated and come first in our country when we have all the necessary qualifications for jobs and the like. No more can we afford . . . we are supposed to be . . . no, we are . . . we are the oldest polity o perating here in the western hemisphere. Right? We might not be independent, but we are the oldest polity operating in the western hemisphere and we should have gotten this right a long time ago. So, on that note, Mr. Speaker, I will take my seat.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 18, MP David Burt.
Mr. E. David BurtGood evening. Oh, we are going on evening now. No worries, Mr. Speaker, we will make sure that you do not go hungry. We will make sure. But I think that it is important and it is a good thing that, I guess, the Government’s agenda is light. As we …
Good evening. Oh, we are going on evening now. No worries, Mr. Speaker, we will make sure that you do not go hungry. We will make sure. But I think that it is important and it is a good thing that, I guess, the Government’s agenda is light. As we have see n repeatedly the Government’s agenda can be kind of light. And so from that we ended kind of early, so Members have had the ability to raise a number of issues which one would hope the Government would actually listen to and find some merit in, because one of the most important things about democracy is that we should be collective in coming up with solutions that affect all of us. Now, Mr. Speaker, before I get to my political remarks, I would like to discuss an editorial in our daily newspaper, which I f ound, I would probably say, disturbing at best. And in this editorial —
The SpeakerThe SpeakerWhich paper? DYSFUNCTION IN SOCIETY —ROOT CAUSES
Mr. E. David BurtIt was . . . we only have one, Mr. Speaker. The Royal Gazette. 1988 3 June 2016 Official Hansard Report Bermuda House of Assembly The Speaker: No, we have other public ations than that.
The SpeakerThe SpeakerOkay. Printed. Printed. All right.
Mr. E. David Burt—that being the Royal Gazette. There was an 2editorial , I want to say, maybe, on Wednesday, which said, “The t ime to stand up to evil minority is now. ” And I did not actually get to read this editorial until yesterday when someone had mentioned it. I was …
—that being the Royal Gazette. There was an 2editorial , I want to say, maybe, on Wednesday, which said, “The t ime to stand up to evil minority is now. ” And I did not actually get to read this editorial until yesterday when someone had mentioned it. I was actually shocked that I was reading this in 2016 in Bermuda. There was one quote that stood out in that entire editorial which I could not imagine what it actually meant. In that editorial the writer said, when referring to the marches that took place in March, and I quote, “marches that discoloured our most famous street .”
An Hon Member An Hon MemberOh, no!
Mr. E. David BurtI have absolutely no idea what that means. But I wonder what on earth would motivate the editor of the Royal Gazette to put that in print in 2016, “marches that discoloured our most famous street.” Thankfully, Mr. Speaker, there was somebody who read the Royal Gazette editorial who responded, …
I have absolutely no idea what that means. But I wonder what on earth would motivate the editor of the Royal Gazette to put that in print in 2016, “marches that discoloured our most famous street.” Thankfully, Mr. Speaker, there was somebody who read the Royal Gazette editorial who responded, because the objective of the Royal Gazette editorial was to say that we as a country are not doing enough to combat gun violence and we have to stand up to the thugs. And if the people who want to surround Parliament [put] as much energy and effort into dea ling with the situation when it comes to gun violence, then we may not have had 28 murders in the last years.
Mr. E. David BurtWell, Mr. Speaker, the writer in today’s daily who responded to the letter to the editor, said something very, very interesting. I am going to read a quote. It said, “ Interestingly, you draw a comparison with the Pathways to Status protest and question why it should draw such attention …
Well, Mr. Speaker, the writer in today’s daily who responded to the letter to the editor, said something very, very interesting. I am going to read a quote. It said, “ Interestingly, you draw a comparison with the Pathways to Status protest and question why it should draw such attention while shooting deaths do not. For your information, sir, that was a protest against gun violence because that protest sought to stop the very policies that have created a margina lised group in this society who are always m ade to be second, behind the needs of business and others, and who therefore have created their own community in
2 1 June 2016 which they can be heard and respected. The two are inextricably linked. ” That, Mr. Speaker, is powerful. It harkens back to something that I s aid in this place two weeks ago when I said, When is it that we are going to tackle the root causes of the problem of which we have? When is it that we are going to stop with the platitudes and realise that people do not kill each other for fun? It is a sy mptom of an underlying dysfunction in our society. And when we can tell the people of this country that we can give away electricity to a Canadian company for 30 years, but we cannot afford to send their kids to school, we cannot afford to give them scholarships, we are going to cut back on training— it sends the wrong message. That, Mr. Speaker, is what we talk about priorities. I would hope that the Government would r emember that. That it is not about getting tough. It is not about addressing, you know, c onfronting these thugs in our communities that are amongst us. It is about realising what causes people to believe that they do not exist in our society, Mr. Speaker. And that, Mr. Speaker, I think is something very important. So I would hope that the edi tor of the Royal Gazette would use his bully pulpit to talk about sol utions to the problems; to talk about how we are going to attack the root causes of the problems; to talk about how it is that we are going to change the dynamic in our society where young men feel that they can act with impunity because they are not a part of the general society of which you and I are a part, Mr. Speaker. That is a fact. Those are the things of which we have to realise. Those are the things of which we have to understand. And if we do not understand that, we are not going to be able to grapple with those i ssues. Now, Mr. Speaker, in talking about the polit ical items of the day, because it is interesting that, except for the backbench Minister, Jeff Sousa, who got up . . . not backbench Minister, sorry. The bac kbencher from constituency 28, the Chairman of the National Training Board. He got up. But we have had silence from the Government benches today during the motion to adjourn, which is fine; which is okay, because I am sure that when I am done, you know, the Premier, the Minister of Home Affairs, and Minister of Economic Development will all get up and give their speeches. But let me rehash, Mr. Speaker, if I can, what we have learned today, or what the people of this country have learned today. The first thing that we have learned is that when the Premier puts out a press statement about travel costs, just remember, is it probably not the real and total cost. First thing. The second thing is, we spent $700,000 on a brand -new Government website, over $700,000 on a brand- new Government website, and this brand- new Government website does not even contain the policy
Bermuda House of Assembly on killing dogs that the Minister told us was on the Government website. We know that we have a Mini ster who i s reviewing the policy on killing dogs, but is prepared to kill dogs that may be in his possession currently even though that policy may be reversed in a matter of a few weeks. We have learned today that the chairman of the National Training Board thinks t hat there are bad ads that are in the newspaper and complains about these ads but cannot do anything about it. But last week it was that same Member that was bragging to us in this Chamber when his party turned back a m otion to set up a joint select commit tee on jobs that, W e have caucus meetings and Ministers listen to us in caucus. Clearly, they do not!
[Inaudible interjection]
Mr. E. David BurtAsk MP Leah Scott. Ask the former Minister. I do not even think they listen to some of their Cabinet Minist ers. If they did, I guess he would probably still be the Minister of Tourism and Transport. And we learned that in two years there has been a 1,722 …
Ask MP Leah Scott. Ask the former Minister. I do not even think they listen to some of their Cabinet Minist ers. If they did, I guess he would probably still be the Minister of Tourism and Transport. And we learned that in two years there has been a 1,722 per cent increase in work permits in categories that require certification. This from a Gov-ernment who conti nues to preach that we will protect Bermudian jobs! And what we have also learned today, Mr. Speaker, is that for the second week in a row, after the Government approved raising everyone’s power rates, in a time when we are constrained as much as we are, t hat there is no statement from the Gover nment on their rationale, that there is no statement on why they gave this approval [to raise] power rates, that there is nothing to come to this body —
Dr. the Hon. E. Grant Gibbons: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Dr. Gibbons. POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: The Honourable Member is misleading the House. The Government did not approve [raising] power rates. The Honourable Member will know that the Energy Commission was s et up under the former Government as an independent body to …
Yes, Dr. Gibbons.
POINT OF ORDER [Misleading]
Dr. the Hon. E. Grant Gibbons: The Honourable Member is misleading the House. The Government did not approve [raising] power rates. The Honourable Member will know that the Energy Commission was s et up under the former Government as an independent body to review rate filings from the utility and, as the Minister responsible for Energy, they have a right to appeal. So this is an issue which still may be ongoing. But it is not the Government that has approved anything. The Honourable Member will know that the former Gover nment set up this system —
The SpeakerThe SpeakerAll right. Thank you. Dr. the Hon. E. Grant Gibbons: —it is basically —
The SpeakerThe SpeakerThank you, Dr. Gibbons. [Inaudible interjections ]
Mr. E. David BurtI thank the Minister for that, but I am just wondering. So in this completely independent commission, I am assuming that this is the no - direction- from- the-Minister. Nothing at all? Okay. That is fine. We will accept that. We will accept that and I will accept it because …
I thank the Minister for that, but I am just wondering. So in this completely independent commission, I am assuming that this is the no - direction- from- the-Minister. Nothing at all? Okay. That is fine. We will accept that. We will accept that and I will accept it because I will go back to look at the specifics of the Energy Commission because I thought that they take direction from the Minister. But if they do not, then I stand to take the point, and I will wit hdraw that. But the fact is that there is still nothing from the Government regarding the increase that they are putting on the people of this country, or that has been put on the people of this country. How are we going to address it? What are we going to do? Increase in taxes; increase in duty; increase in power rates — things that are going to ripple throughout the economy as we have seen already.
AIRPORT DEVELOPMENT AGREEMENT AND THE PUBLIC ACCOUNTS COMMITTEE
Mr. E. David BurtBut, Mr. Speaker, that is what the people learned today. What they did not learn today, Mr. Speaker, is what I am going to tell them. And that is because yesterday, as Chairman of the Public A ccounts Committee, I had to cancel a Public Accounts Committee meeting because after …
But, Mr. Speaker, that is what the people learned today. What they did not learn today, Mr. Speaker, is what I am going to tell them. And that is because yesterday, as Chairman of the Public A ccounts Committee, I had to cancel a Public Accounts Committee meeting because after a summons was issued for Schedule A of the Airport Development Agreement, the Schedule was not produced by the Government. Now, we have heard lots of argument back and forth over whether or not you can issue a summons, or all the rest. Well, here is what happened, Mr. Speaker. A week ago t he committee voted unanimously to summon the Schedule A of the Airport D evelopment Agreement. And nothing! When the Financial Secretary was contacted by the Clerk of the Committee, it was delay, delay, delay. Oh, we are waiting to hear back from our par tners. Oh, are you going to be sure the information is protected. The final item was, Oh, I am in a meeting and I will respond later. That was yesterday. No r esponse yet. But here is what is most interesting, Mr. Speaker, there were members of the committee from the One Bermuda Alliance who were told that those Schedules were going to be released. It seems that the backbenchers in that party cannot even trust their own Ministers and their own Government, Mr. Speaker. 1990 3 June 2016 Official Hansard Report
Bermuda House of Assembly Now, Mr. Speaker, as a reminder, this co ntract was signed August 24th. November 19th, at a hearing of the Public Accounts Committee, the Schedules were requested. That, Mr. Speaker, is seven months ago. And we all know the song and dance that has gone on since then. But since this contract, which is still supposedly under negotiation — where we cannot know the details of what has been signed on behalf of the people of this country — continues, because we know there are RFPs going out, we know there is work, we know there are pr ospective people doing t renching, there is lots of stuff, money is being spent and run up on our dime in case we do not go through with this deal, Mr. Speaker. In case it does not get finalised or in case, as the Junior Minister for Transport said (who sits in another place), Until we go back to the people and get their permi ssion. I do not know where that came from. He certainly was not talking to the Minister of Finance. B ecause the Minister of Finance is clear, that if he has anything to do with it, this project is going to happen. But here is the key, Mr. Speaker. In this Parliament our job is to exercise oversight of the Gov-ernment. The Government is able to set their policy; however, it is our responsibility to hold them accountable. Now, I will, if you will let me, Mr. Speak er, read from www.agora.com, which will give us —sorry, A GORA, their Parliament, which will give us . . . and this is something that has been set -up in consultation with numerous parliaments around the world, speaking about things with parliament. And when it speaks about parliamentary oversight, it says the following (and I quote): “ The parli amentary oversight function is one of the cornerstones of democracy. Oversight is a means for holding the executive accountable for its actions and for ensuring that i t implements policies in accordance with the laws and budget passed by the parliament. The robust monitoring of the executive by the parliament is an indicator of good governance. Besides the parli ament’s legislative function, it is through oversight that the parliament can ensure a balance of power and assert its role as the defender of people’s interests.” Oversight, Mr. Speaker, is one of our most important roles inside this Parliament. And since N ovember of this year, the One Bermuda Alliance Government, in particular the Minister of Finance, has frustrated our oversight role. Mr. Speaker, I am not allowed to invoke you into arguments, but I know that your office has requested to see these Schedules. You have not received them. The Public Accounts Commi ttee has not received them. A summons has been issued and we have not received them. Why does the Government feel that they are above the law? Why does the Government feel that they do not have to disclose contracts which have been signed on behalf of the people of this country, Mr. Speaker? Mr. Speaker, now I know why the Minister of Finance rejected the SAGE recommendation that said that we should increase the oversight powers of the Parliament and set -up permanent joint select commi ttees. And the reaso n why is, as he said, We have enough oversight as it is right now. Well clearly, we do for the Minister of Finance, because he just ignores it. Mr. Speaker, when a parliament is unable to exercise its functions the people of this country and the Parliament of this country must ask whether or not the Government respects democracy, whether or not they respect the institutions of which they are a part of. And it is my argument, Mr. Speaker, that the Honourable Minister of Finance is in contempt of Parli ament.
Mr. E. David BurtHe is frustrating the will of the elected body. He has delayed on a request from your very own Public Accounts Committee, which was passed unanimously. And now he has ignored a summons which was voted on at another meeting. Nothing from his civil servants. Nothing from the Mi nister. …
He is frustrating the will of the elected body. He has delayed on a request from your very own Public Accounts Committee, which was passed unanimously. And now he has ignored a summons which was voted on at another meeting. Nothing from his civil servants. Nothing from the Mi nister. All we hear is that we have to get Aecon’s permission.
[Inaudible interjections ]
Mr. E. David BurtImagine that, Mr. Speaker. That in 2016, in a Government that says they were elect ed to bring openness, transparency, and accountability to this country, for over nine months a contract has been signed and no one on that side on the front bench will say why the people of …
Imagine that, Mr. Speaker. That in 2016, in a Government that says they were elect ed to bring openness, transparency, and accountability to this country, for over nine months a contract has been signed and no one on that side on the front bench will say why the people of this country cannot see it. Really, Mr. Speaker, when the Premier gets up, as he is feverishly writing notes, I want him to defend why his Government refuses to answer a summons of the Public Accounts Committee.
Some Hon Member s: Hear, hear!
Mr. E. David BurtI want him to tell us why, even when his own Members vote to see the terms and definitions in a contract which was signed more than nine months ago . . . he will defend his Minister of F inance for not releasing that information. Mr. Speaker, if we …
I want him to tell us why, even when his own Members vote to see the terms and definitions in a contract which was signed more than nine months ago . . . he will defend his Minister of F inance for not releasing that information. Mr. Speaker, if we are to have good gover nment, we need to have an Executive that respects the law. The Parliament Act is very clear. Parliamentary procedure and practice and tradition is very clear. Oversight is the most critical aspect of what we must do, Mr. Speaker. And when that is being frustrated by an Executive that feels that the y are above the law, that feels that they can ignore letters from the A ccountant General who states that his position(the only one who can state that) . . . when we have a Gover nment that can ignore letters from the Accountant Gen-eral, that can exclude the Office of Project Manag eBermuda House of Assembly ment and Procurement, that can ignore a summons from a Public Accounts Committee, and continue to exist as though they are doing nothing wrong, the people of this country must ask, Whose interests are they working on?
An Hon Membe r: Yes.
Mr. E. David BurtWhose interest do they really care about? And why does this Government continue to hide the facts of a contract that will privatise our ai rport and rob our Treasury of very, very, very precious revenue? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Minister for Home Affairs, Minister Gordon- Pamplin. WORK PERMITS —INCREASES IN Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I received last week or the week before (according to Parliament House rules), a r equest by …
Thank you, Honourable Member. The Chair will now recognise the Honourable Minister for Home Affairs, Minister Gordon- Pamplin.
WORK PERMITS —INCREASES IN Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I received last week or the week before (according to Parliament House rules), a r equest by the Honourable Member from constit uency 13 concerning work permits that had been i ssued. And it was not just issued, it was issued or r enewed for the periods 13, 14, and 15, in specific cat egories of motor mechanics, electricians, landscape gardeners, and welders. The responses for that were due today, and I provided them to the Honourable Member. And it was on that basis, and predicated upon those responses, that the Honourable Mem ber stood to make his comments concerning the r esponses on the motion to adjourn. Let me say, Mr. Speaker, that there were a few things that really stood out to me when these r esponses came through to these specific questions. One is that I have yet to be able to make the determ ination as to what were new permits issued and which of those were renewals, which would suggest that some of these were in place before and employers apparently determined that they did not have appr opriate applications to be able to have Bermudians hired and therefore rescind the existing permits, or whether there were any brand new. I am working on getting that information. Mr. Speaker, let me say, unequivocally, that the concern that I have with respect to the policies that ex ist within the Immigration Ministry, and they are ones that have been very clearly set out in a policy manual that I was able to inherit from my predecessor, contrary to what obtained prior in that things happened within the department that were not necess arily carefully prescribed, now people can go and see exactly what you can and cannot do as far as work permits are concerned. I was tremendously concerned when I saw the numbers. Mr. Speaker, as one whose mandate is to ensure that our Bermudians are put to work, you can be assured that I will get to the bottom of why we have such a large number of new or renewal permits in 2015 that, especially for the category of landscape gardeners. Of the 217 new or renewed permits in the four categories, 180 of them w ere in respect of that particular category. But in delving for more inform ation, I was able to determine that there were some 10 or 12 different subcategories that get added into that one statistic. So while the number came out looking very stark and frightening, I will certainly be doing some more delving into what is going on in that r egard. However, I also want to point out that with respect to the National Training Plan, Mr. Speaker, we have not had one before. So while what obtains in that regard may not be perfect, it is better than anything that existed before—because it never existed. We are now on iteration the second, or the second . . .
An Hon Member An Hon MemberPart 2. Hon. Patricia J. Gordon -Pamplin: —the part 2, that is now ready for dissemination and I believe that once that comes out . . . we invite Members opposite to be able to give input. That has been an open invitation. And while we hear people standing on …
Part 2.
Hon. Patricia J. Gordon -Pamplin: —the part 2, that is now ready for dissemination and I believe that once that comes out . . . we invite Members opposite to be able to give input. That has been an open invitation. And while we hear people standing on the floor of the House pontificating and complaining and, you know, nobody . . . the Honourable Member did not come to me and say, Minister, this seems to be a problem. Can we discuss it? No, no, no, no, no. There is no intent for working together. This is political fodder. That is what it is about. And I recognise that. I understand it. It is what we are here for; to be able to, on one hand, govern as efficiently and effectively as we can, and on the other hand, Members opposite have to show their relevance by saying, Let me just pull down whatever it is the Government is intending to do. But if they have a criticism of something and I agree with the criticism, it is my responsibility to get to the bottom of it and to try to fix it. And you can be assured that that will be my mandate, that will be my approach, and that will be my attitude. Let me also say we heard people opposite mention some of the things, you know, all of these work permits. You know, how many foreigners were hired to go up and do Port Royal Gulf Course, over and above Bermudians? I mean, Bermudians under the previous admini stration were not even considered to be good enough to rake sand or plant some grass seeds up at Port Royal Gulf Course. So when they start to have this righteous indignation, recognise that there is a degree of culpability that comes so that the attitude has been entrenched and it is something that we intend to put a stop to because I do not like it! I do not like it, Mr. Speaker. 1992 3 June 2016 Official Hansard Report
Bermuda House of Assembly And what I have seen is perhaps too many people over the course of the last 14, 16 years, who find themselves with work permit s legitimately given to them. So you cannot fault the people who hold the work permits. It has to be that the department may have had responsibility for ensuring that work permits were issued. And I think we have to start to examine how can we ameliorate t hat situation to make sure that we continue to see Bermudians being employed. Mr. Speaker, I can tell you that since I have been in the Ministry the policy is that on a Thursday afternoon the Minister sits down with appeals and goes through files and details in terms of determining whether we should uphold or reject an appellant when it comes to a work permit issue. And you can be assured that my first question on every file that comes to me is, Where are the Bermudians? Do we have anybody? Let me see. It is not just a rubber -stamp exercise. So I would encourage and implore Bermudians who not only are qualified, that when they see jobs advertised and they feel as though they have been overlooked for whatever reason, that they make their cases known to the Immigration Department. Because in the absence of their applications, or in the absence of one coming to the Immigration Depar tment and saying, I applied. I didn’t even get an interview, there is no way that the staff were able to know that. There are poli cies that they have to make sure are in place to show that Bermudians have not been overlooked. I do not want to see any Bermudian overlooked in favour of a work permit holder. It is just not my style.
HUMAN RIGHTS COMMISSION TRIBUNAL’S RULING BY CHIEF JU STICE IAN KAWALEY
Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, let me just move on. We heard Members opposite speak to the result that came down from the Supreme Court yesterday in upholding an appeal from a gentleman who had appealed and how pernicious this situation is with respect to overlooking Bermudians and discrim inating against Bermudians in general, and black Bermudians in particular. I think there is one thing that I believe that, as Members opposite mentioned, we did not hear any specifics on t his when the judgment came down yesterday. And it would be easy for one to believe, that as the judgment was handed down su pporting the initial appeal yesterday, that there is som ething that this Government did wrong. Well, let me just for the edification of the listening public, and to be able to put balance on this particular situation, that Mr. Brown —
The SpeakerThe SpeakerAll right. Thank you, MP Commissiong. Hon. Patricia J. Gordon -Pamplin: Let me just, to make sure that we have the record straight, that the appellant in this case, I do not necessarily have to call his name because he is not here to defend himself, but he worked for …
All right. Thank you, MP Commissiong.
Hon. Patricia J. Gordon -Pamplin: Let me just, to make sure that we have the record straight, that the appellant in this case, I do not necessarily have to call his name because he is not here to defend himself, but he worked for that particular company from Sep-tember of 2006 until April of 2009. I think that is important in order to put balance because the manner in which . . . And I do hear that the Honourable Member who just interjected may have included it is as a throwaway part of his pr esentation. However, other Members were not quite so clear in their presentation. And I just want to ensure that Members do not mislead the public by allowing people to think that this is something that has ob-tained only very recently. But let me also say that to the extent that Bermudians are not just overlooked, but discriminated against in the work environment, is something that every single one of us in this Honourable House has to take exception with. I do not want to think that you have people who ar e perfectly qualified, as was the appellant in this particular instance, and they are be-ing overlooked. What I will also say, Mr. Speaker, is that when the situation that obtained, obtained from a company that the prior Government thought that it was appr opriate to have that person construct significant pr ojects on behalf of the Government. I sit and I think, you know, if you know that there have been complaints, you know that this company has not operated above board, the principals, you know, shut down before they reached the settlement stage as was ind icated by today’s judgment. And yet, they still take the same people and say, Well, it’s okay. That’s a whole different situation. Now you go and build this major Government project. You know, does somebody see something wrong with this picture? Because I certainly do, Mr. Speaker. I think that we have to be honest with ourselves to say that if someone—
The SpeakerThe SpeakerYes, MP Commissiong. Bermuda House of Assembly POINT OF ORDER [Misleading]
Mr. Rolfe CommissiongThe Member is misleading the House. By the time the Human Rights Commi ssion Tribunal had made its determination, that company, you know, had reached the end of its shelf life in terms of getting a Government contract.
The SpeakerThe SpeakerOkay. Thank you, MP. Carry on, please, Minister. Hon. Patricia J. Gordon -Pamplin: That company, the principals, were hired to do other significant Government projects. That is a matter of fact. So, let me just say, Mr. Speaker, that I do not wish for our people to be left wanting …
Okay. Thank you, MP. Carry on, please, Minister. Hon. Patricia J. Gordon -Pamplin: That company, the principals, were hired to do other significant Government projects. That is a matter of fact. So, let me just say, Mr. Speaker, that I do not wish for our people to be left wanting in terms of their employment experience. But you can be assured that as we go through our weekly files, as we go through our weekly meetings, as we go through the discussions as to what happens dow n with Workforce D evelopment, we will make sure and put this right.
WORK PERMITS AND THE NATIONAL OCCUP ATIONAL ACT
Hon. Patricia J. Gordon -Pamplin: Now, I do know that some of the questions that were asked, that with respect to the Job Board, there was information that was not made available because at the time that i nformation was not captured. I do know also that in January of 2016 there was a modification and publ ically stated that the information that was deficient in this Workforce Development environment was now being collected and being collated. And I think that that is very important, Mr. Speaker, because I think that when people want to know that there is a system in place, you want to be able to know that not only is the system in place, but that the system is being properly policed. And if there have been deficiencies in that regard, it is my intention to get to the bottom of it, because I do not like that. I do not want for somebody to say that you needed to have certification, but yet certification has not been obtained. To me, that just defies logic. And I do not think that we would want to be in a situation where people are not feeling as though the system is wor king and working effectively. So, to the extent that we are legally required to ensure that people have their certification, certific ations have to happen whether a person is a permit holder or not. We have to ensure that certification is there not for whether it is a work permit situation or not, but for the protection of the consumer. Because a consum er needs to know that when they hire a plumber, an electrician, whomever, that that person is sufficiently qualified to be able to come and do the job that the consumer is being charged for, and that that job is being done to an appropriate standard. That is what certification does. And I certainly do not want to think that som eone is allowed to come into Bermuda on a work permit knowing that we have got people who perhaps have done things just by repetition, their reputation has gone ahead of them, they mi ght not have passed a certification examination, but they have been hired by Mr. Smith to come and do their electricals, or wha tever the case might be, that is a matter between Mr. Smith and the artisan. But if that artisan is required to have that certifi cation, he ought to have it. But then I am not going to sit back and allow somebody who is required by legislation to have cert ification, if you are going to be approved for a work permit, to come and say that you are going to come in and not have that [c ertification] up to date. That is unacceptable and that is something that we will certainly come to grips with. Mr. Speaker, we have heard other comments today in terms of what we have or have not learned. And I do not wish to speak for the . . . well, le t me just finish this other point first. And that is with respect to comments about poor advertising and tailor -made advertising that it was indicated by the Honourable Member from [constituency] 18, who just spoke prior to me, indicating that our Member f rom constit uency 28 had made complaints and had not been heard by his Cabinet. Let me just say that in conversation with the Honourable Member from [constituency] 28, he has clearly indicated, both in his presentation and subs equent one- on-one, as I had a tête-à-tête with him, has said that he has had issues in this regard, that he has spoken to several prior Ministers concerning. So I want to know that at this point in time the complaints will stop because if there are job adver-tisements that are going out, that people are coming in and they have made applications to the Immigration Department, and they have been approved for doing particular things, and the advertisement appears to have been tailor -made for specific individuals, that does not work. That does not work for us as a people. Mr. Speaker, you can be assured that there is nothing that we want more than to be able to provide the jobs that we tell people we would be able to pr ovide. So it does not do us any good to allow foreigners to come in and, under a work permit environment, be able to get a job that is available to and ought to be filled by Bermudians. That is our mandate. That is what we ought to be doing, and that is what we will ensure is going to be done. The way the process works is that the department has files. Those files are vetted when appl ications come in. They look at Job Board. They look at applications. So I think it is incumbent upon us, if I do nothing else, to remind our people who are looking for work, to ensure that they put the applications in. B ecause we might say, you know, Mr. Smith is excellent 1994 3 June 2016 Official Hansard Report
Bermuda House of Assembly when it comes masonry or electrics , or whatever the case might be, but if he does not make the application for the job, Mr. Smith cannot complain that the employer has brought in somebody foreign. But you can be assured that if Mr. Smith makes the application, and it is evident from the i nformation that Mr. Smith’s application is not just appropriate for, but if he is even slightly wanting, that he can be trained into . . . becaus e one of the things I see, Mr. Speaker, and you will be aware of this per-haps in this particular seat in the Ministry, that people may say that they want these specific preconditions in order to be able to fulfil a work permit. You might find that there is an application and an applicant might have four out of five, but because they do not have five out of five, the employer might be saying, Well, no, we want five out of five. But when you look at the résumé of the i ncumbent who now needs to be replaced, y ou might find that when he or she was hired, that person may have had two out of the five, and they have learned the other three while they were on the job. So if one person can learn while they are on the job, then certainly some new Bermudian coming down the pipeline can also learn while on the job. And while it may be inconvenient, we have a responsibility to make sure that our people are put to work. Mr. Speaker, that is my gut responsibility that I take very, very seriously. And I know that through the processes there may be some frustrations. But the first thing I want to make sure of is that we are not overlooking Bermudians who have bothered to apply. Now, if somebody does not make those appl ications, I am afraid there is not much I can do to help. You know, if one does not take their own fate into their hands to the extent of saying, This is what somebody is looking for, I know that I can fulfil these criteria, and as a result I believe I can make the application, if they do not do that, then I think they are doing themselves a disservice and certainly doing the country a disser-vice because we do not have the benefit of developing that talent in an appropriate way. So, Mr. Speaker, these are the things that I think it was important for me to stand because I do not want for Members opposite to think that they can ask me a couple of parliamentary questions and come and pontificate when it comes to the motion to adjourn to say that nothing that the OBA is doing is right. I heard the Member opposite say that the OBA decided last week that they have all the answers. I do not know anybody who said on this side that we have all the answers. What we did say is that our doors are open for anybody opposite to come and have discussions with us. We said it last week, we said it before, between last week and this has an ybody from that side called me up and said, Minister, there is a problem here? No, because that is not . . . you know, it is not the intent. The intent is to make this political and to make it appe ar as though you care and that you are concerned about people. That is my interpretation of the intent that is coming from the other side. Because if there was pure and genuine intent, then I know that Members opposite would come and say, Minister, there i s a problem here. Minister, can we look at this? Because if we really, honestly want to work together it has got to go past the grandstanding that we saw this afternoon. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Mini ster. The Chair will now recognise the Minister of Finance, Minister Bob Richards. You have the floor. AIRPORT DEVELOPMENT AGREEMENT AND THE PUBLIC ACCOUNTS COMMITTEE Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I just wanted to reflect on some comments made by …
All right. Thank you, Honourable Mini ster. The Chair will now recognise the Minister of Finance, Minister Bob Richards. You have the floor.
AIRPORT DEVELOPMENT AGREEMENT AND THE PUBLIC ACCOUNTS COMMITTEE
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I just wanted to reflect on some comments made by the Member that speaks for Finance on the other side, that was made today. Quite frankly, it r elates to a disagreement that we had last week, and he brought it up again. And in the intervening period, Mr. Speaker, I have gotten some documentary evid ence. The Honourable Member keeps referring to the fact . . . not the fact, his story that the Bermuda Government has not got the commitment of the A ccountant General for waivers of Financial Instructions. He keeps saying that we are operating outside of F inancial Instructions and that is not correct. There is an article written in the Royal Gazette about the Public Accounts Committee in question on December 18 th, 2015, when the Accountant General appeared for the second time on this matter. The first time he was there, the Accountant General said that he was not asked in writing for later waivers. And he thought that the things that we did afterwards required his approval. Meanwhile, the things that we did after were already included in the first document that he signed. But I want to read this particular part, Mr. Speaker, if you will allow me.
The SpeakerThe SpeakerYou are reading from where, Minister? Hon. E. T. (Bob) Richards: The Royal Gazette.
The SpeakerThe SpeakerAll right. Hon. E. T. (Bob) Richards: December 18 th. I will read just one or two lines here—
The SpeakerThe SpeakerYes. Hon. E. T. (Bob) Richards: It says, “ Yesterday , Mr Stovell conceded that ‘ communication should ha ve been much better than it was’ , but said he had now Bermuda House of Assembly been furnished with the necessary information and was ‘not saying that we are not …
Yes.
Hon. E. T. (Bob) Richards: It says, “ Yesterday , Mr Stovell conceded that ‘ communication should ha ve been much better than it was’ , but said he had now
Bermuda House of Assembly been furnished with the necessary information and was ‘not saying that we are not currently in compl iance.’ ” Those are the two negatives, Mr. Speaker, which says that the Government is in compliance. Two negatives make a positive. So he says, “ I am not saying that we are not currently in compliance. ” That means that he is saying that we are in compliance.
[Laughter]
Hon. E. T. (Bob) Richards: So, at any time that . . . the Member finds this to be funny, because what he has been doing is misleading the House and mislead-ing Bermuda all this time by saying that the Gover nment has been flagrantly ignoring Financial Instruc-tions, and that is not so. We have a—
Hon. Wayne L. Furbert: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member, MP Furbert. POINT OF ORDER Hon. Wayne L. Furbert: I am on the Public Accounts Committee. The Minister was not there and the A ccountant General clearly told us that he did not give yourselves clearance for that project. He made i t very clear to us.
The SpeakerThe SpeakerAll right. Thank you. Carry on, Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, this article appeared in the Royal Gazette. It quotes the Accoun tant General, and the Honourable Member who just took his seat —
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Member is, unfortunately, unintentionally misleading the House. B ecause if he is quoting the Accountant General and he is saying “com pliance,” I am pulling up the transcript of that meeting and there is no mention of compliance from the Accountant General.
The SpeakerThe SpeakerThank you. Minister, carry on. Hon. E. T. (Bob) Richards: I am reading a quote in the Royal Gazette— [Inaudible int erjection] Hon. E. T. (Bob) Richards: —and I want to say this. If the Honourable Members disagreed with this article, they should have said so. Because this article dates …
Thank you. Minister, carry on. Hon. E. T. (Bob) Richards: I am reading a quote in the Royal Gazette— [Inaudible int erjection] Hon. E. T. (Bob) Richards: —and I want to say this. If the Honourable Members disagreed with this article, they should have said so. Because this article dates back to December. It is a matter of record. This is a quote from what the Accountant General said and I think that that speaks for itself.
The SpeakerThe SpeakerYes. Yes, Honourable Member. POINT OF ORDER
Mr. E. David BurtOnce again, the Honourable Mi nister of Finance is saying that it is a quote from what the Accountant General said. It may be a quote. But when it is in the Royal Gazette it may be a par aphrase. I have this transcript in front of me and I …
Once again, the Honourable Mi nister of Finance is saying that it is a quote from what the Accountant General said. It may be a quote. But when it is in the Royal Gazette it may be a par aphrase. I have this transcript in front of me and I will challenge the Minister to find those things in the tra nscript.
The SpeakerThe SpeakerAll rig ht. Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, I reading from a quote in the Royal Gazette. [Inaudible interjection] Hon. E. T. (Bob) Richards: Now, as I was saying, if all of a sudden the Honourable Member decides that the Royal Gazette has mi squoted that occasion, …
All rig ht. Minister.
Hon. E. T. (Bob) Richards: Mr. Speaker, I reading from a quote in the Royal Gazette. [Inaudible interjection]
Hon. E. T. (Bob) Richards: Now, as I was saying, if all of a sudden the Honourable Member decides that the Royal Gazette has mi squoted that occasion, he is only doing so now that I pointed out the quote (what?) six months later. So how convenient is that?
Hon. Wayne L. Furbert: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER Hon. Wayne L. Furbe rt: Yes, I do not want to bel abour this. There are many misquotes from the Royal Gazette , as we know, Mr. Speaker. You do not have to correct everything . . . as a matter of fact, I …
Yes, Honourable Member.
POINT OF ORDER
Hon. Wayne L. Furbe rt: Yes, I do not want to bel abour this. There are many misquotes from the Royal Gazette , as we know, Mr. Speaker. You do not have to correct everything . . . as a matter of fact, I was supposed to be taking out some . . . I was involved in the Panama Papers down there. That was a mi squote—
The SpeakerThe SpeakerHonourable Member, we are speaking to this particular issue. Hon. Wayne L. Furbert: The point is we do not go around correcting the Royal Gazette.
The SpeakerThe SpeakerRight. Thank you. 1996 3 June 2016 Official Hansard Report Bermuda House of Assembly Hon. E. T. (Bob) Richards : That is so laughable it is not funny. [Inaudible interjections ] Hon. E. T. (Bob) Richards: Both you and your colleague. All right? Now that I have brought this up, …
Right. Thank you.
1996 3 June 2016 Official Hansard Report
Bermuda House of Assembly Hon. E. T. (Bob) Richards : That is so laughable it is not funny.
[Inaudible interjections ] Hon. E. T. (Bob) Richards: Both you and your colleague. All right? Now that I have brought this up, all of sudden this thing is wrong —because they have been called out on it. Now, that i s why all of sudden, you know, the quote that is in the Royal Gazette is wrong. It was wrong the next day after it was printed, but they never complained about it then. Now they are complaining about it because I brought it up. How ridiculous is that?
[Inaudible interjections and crosstalk ]
Hon. E. T. (Bob) Richards: Mr. Speaker, this is kind of like another occasion as it related to the Public A ccounts Committee that the Honourable Member who is the Chair of that Committee said to the Royal G azette that Members of the One Bermuda Alliance had not contacted him when they were absent from the meetings. He said—
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Member is mi sleading the House. The statements that were made were that at the time that the meeting was set there was no communication from members and at the time the meeting was set there were members, and after the meeting was set , there were members …
The Honourable Member is mi sleading the House. The statements that were made were that at the time that the meeting was set there was no communication from members and at the time the meeting was set there were members, and after the meeting was set , there were members of that commi ttee who had indicated that they would not only attend but would lay motions at that very meeting, Mr. Speaker.
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: Mr. Speaker, the Ho nourable Member cannot seem to differentiate between truth and fiction, because he said that he had not been communicated [to] by them and then when the Royal Gazette reporter produced the e- mails that they had sent him, he said, …
Minister.
Hon. E. T. (Bob) Richards: Mr. Speaker, the Ho nourable Member cannot seem to differentiate between truth and fiction, because he said that he had not been communicated [to] by them and then when the Royal Gazette reporter produced the e- mails that they had sent him, he said, Oh yes, actually, I had been contacted by them. So, you know, you cannot have it both ways. The fact is that the Honourable Member cannot seem to discern truth from fiction.
Mr. E. David BurtOh really? Hon. E. T. (Bob) Richards: Or things that pop up in his head because he really has a lot of trouble with truth here. A lot of trouble! And we have—
Mr. E. David BurtI will again ask the Minister of F inance to withdraw those statements. I have made it very clear as to what has happened. If he wants me to produce e- mails from Members of his party that as late as on Monday, at the day of meeting, said that …
I will again ask the Minister of F inance to withdraw those statements. I have made it very clear as to what has happened. If he wants me to produce e- mails from Members of his party that as late as on Monday, at the day of meeting, said that they were going to attend the meeting and to lay down motions, I am more than happy to do so, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. Honourable Member, j ust one thing. Let’s not impugn Members’ integrity. You can make comments, but let us not impugn . . . Hon. E. T. (Bob) Richards: I am not commenting on the Member’s integrity, Mr. Speaker; I am commenting on his veracity. All right? …
All right. Thank you. Honourable Member, j ust one thing. Let’s not impugn Members’ integrity. You can make comments, but let us not impugn . . .
Hon. E. T. (Bob) Richards: I am not commenting on the Member’s integrity, Mr. Speaker; I am commenting on his veracity. All right? If you have to say s omething, it better be true.
The SpeakerThe SpeakerThere is not much . . . there is not much difference, Honourable Member. [Inaudible interjections ] Hon. E. T. (Bob) Richards: It better be true—
The SpeakerThe SpeakerHonourable Member. Just a minute, Honourable Member. Right. Just be careful of the language you use in getting them out. The fact is that if we want to a ddress the integrity of Members or impugn them, then we must take out a motion against the Member in such a …
Honourable Member. Just a minute, Honourable Member. Right. Just be careful of the language you use in getting them out. The fact is that if we want to a ddress the integrity of Members or impugn them, then we must take out a motion against the Member in such a way. So just . . . I think you understand. Hon. E. T. (Bob) Richards: I understand, Mr. Speaker. Now, there has been a great deal of bombast delivered as it relates to information that certain Mem-bers want as it relates to the documents relating to the Airport Development Agreement, parts of whic h have been redacted for commercially sensitive reasons. A great deal has been made of this as though this Go vernment does not believe in transparency, that we have something to hide. But I have said many times, Mr. Speaker, that when you are in negotiations it is common and standard business practice to have nondisclosure agreements until that transaction is complete.
Bermuda House of Assembly But let me say this, Mr. Speaker. The only other similar transaction this Government has ever transacted is the P3 —
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Member is mi sleading the House. He knows full well that the P3 at the hospital was put out to tender, unlike this project,
Mr. Speaker. He cannot compare the two.
The SpeakerOkay, thank you. Carry on, Minister. Hon. E. T. (Bob) Richards: I do not remember saying that it was exactly the same; I said it was similar. And I stand by that. It was a P3 between the Government and the private sector. It was a public/private partnership, just like …
Okay, thank you. Carry on, Minister.
Hon. E. T. (Bob) Richards: I do not remember saying that it was exactly the same; I said it was similar. And I stand by that. It was a P3 between the Government and the private sector. It was a public/private partnership, just like this is. So the Honourable Member can talk as much as he likes —
Mr. E. David BurtWhen the Honourable Minister says, just like this one, he knows that there are differences, the first and most obvious of which I pointed out, it did not go out to tender. But the second one is that the private company does not operate the hospital, whereas this company is …
When the Honourable Minister says, just like this one, he knows that there are differences, the first and most obvious of which I pointed out, it did not go out to tender. But the second one is that the private company does not operate the hospital, whereas this company is operating the airport and will get the revenues. The private company that built the hospital does not get the revenue from the hospi-tal.
The SpeakerThe SpeakerRight. Thank you. Thank you, MP. Hon. E. T. (Bob) Richards: Let’s cut to the chase here, Mr. Speaker. In t he agreement that the Bermuda Hospitals Board [BHB] concluded, the P3 agreement, that agreement had commercially sensitive portions redacted, just like the ADA [ Airport Development Agreement ] has. …
Right. Thank you. Thank you, MP.
Hon. E. T. (Bob) Richards: Let’s cut to the chase here, Mr. Speaker. In t he agreement that the Bermuda Hospitals Board [BHB] concluded, the P3 agreement, that agreement had commercially sensitive portions redacted, just like the ADA [ Airport Development Agreement ] has. That document now lies in the library of the Bermuda Hospit als Board. The hospital wing has been built, construction is over, patients are in it, it is operating. Mr. Speaker, those commercially sens itive items in that agreement are still redacted today. Still! So I do not want to hear any nonsense from the other side about redacting commercially sensitive items from the Airport Development Agreement which is an interim agreement, an agreement which I had said items will be released once the transaction is completed. The transaction of the hospital, Mr. Speaker, has been completed a long time ago. The operation is in place —
Hon. Michael J. Scott: Point of order.
The SpeakerThe SpeakerYes? Hon. Michael J. Scott: You know it is remarkable . . . point of order, actually.
The SpeakerThe SpeakerWhat is your point of order, Honourable Member? Hon. Michael J. Scott: The Minister of Finance, the Minister of Finance—
The SpeakerThe SpeakerOkay, let’s get to the point of order, Honourable Member. POINT OF ORDER [Misleading] Hon. Michael J. Scott: —is misleading this House. The airport contract has no comparison with the hospital contract.
The SpeakerThe SpeakerAll right. Hon. Michael J. Scott: The airport contract has b ecome so controversial in a way that the hospital contract was never as controversial —
The SpeakerThe SpeakerAll right, thank you. Hon. Micha el J. Scott: —and, therefore, when it comes to your House and —
An Hon. Member An Hon. MemberWhat’s the point of order? Hon. Michael J. Scott: —it is in the public domain and it becomes increasingly impossible—
The SpeakerThe SpeakerAll right, okay, thank you. Hon. Michael J. Scott: —for the Minister to keep sa ying that he should hide stuff.
The SpeakerThe SpeakerThank you, Honourable Member. Honourable Member, thank you, thank you. Hon. Michael J. Scott: He is the Minister of Finance!
The SpeakerThe SpeakerHonourable Member, thank you very much. Hon. E. T. (Bob) Richards: Yes, I am the Minister of Finance, Mr. Speaker, and I know that this particular 1998 3 June 2016 Official Hansard Report Bermuda House of Assembly document lies in the library of the Bermuda Hospitals Board. The commercially sensitive …
Honourable Member, thank you very much. Hon. E. T. (Bob) Richards: Yes, I am the Minister of Finance, Mr. Speaker, and I know that this particular 1998 3 June 2016 Official Hansard Report
Bermuda House of Assembly document lies in the library of the Bermuda Hospitals Board. The commercially sensitive items in that document were redacted, and continue to be r edacted. The hospital keeps it under tight control. They do not allow people to even go in there and photocopy it.
Hon. Michael J. Scott: Point of order, Mr. Speaker. The simple point of order —
The SpeakerThe SpeakerYes, what is your point of order? POINT OF ORDER Hon. Michael J. Scott: I’ll make it really quickly. It is that no one has . . . at the House . . . Members of the House, your House, have not demanded disclosure.
The SpeakerThe SpeakerAll right. Thank you. Hon. E. T. (Bob) Richards: The question is whether the demand is reasonable or normal. That is the question.
An Hon. Member An Hon. MemberWhat? Hon. E. T. (Bob) Richards: And in this case it is not normal. That is the point. It is not normal. What they did, the BHB, was normal transactional practice for a trans action of this nature. And in the case of the Ai rport Development Agreement we had …
What?
Hon. E. T. (Bob) Richards: And in this case it is not normal. That is the point. It is not normal. What they did, the BHB, was normal transactional practice for a trans action of this nature. And in the case of the Ai rport Development Agreement we had similarly commercially sensitive items that had been redacted. Now, I have given my word. Unlike the prev ious Government with their transaction, I have given my word that once this transaction is fully negotiated and the transaction closes, financial close takes place, we are quite prepared to release all documents, i ncluding commercially sensitive items. But the point is that there has been a precedence set with this Go vernment that they have had a P3 transaction with commercially sensitive items that were redacted from the public and continue to be redacted today, even though the deal is over. That is the point, MEMBER! That is the point.
The SpeakerThe SpeakerHonourable Member, l et’s not be like that. Hon. E. T. (Bob) Richards: All right. So, you know, we have to get this clear. All of this rabblerousing about this thing, that information was being withheld, just underscores the point I am making that this is standard operating procedure. Standard …
Honourable Member, l et’s not be like that. Hon. E. T. (Bob) Richards: All right. So, you know, we have to get this clear. All of this rabblerousing about this thing, that information was being withheld, just underscores the point I am making that this is standard operating procedure. Standard operating procedure. Standard operating procedure for a Government cannot have people running interference with it while it is negotiating a con-tract. It is as simple as that. Let me give you another anecdote, Mr. Speaker. When that p articular transaction was being negotiated and was being formulated during the pr evious Government’s time in office they were so concerned about interference while the process was going on they had all their meetings off the Island. They had all their meet ings off the Island so they could avoid interference with a process that had to go to its conclusion. What we are getting here from the grandstanding chairman of the Public Accounts Committee is interference in a project that is being negotiated as we speak. It is being negotiated. And the pushing of the envelope of the reach of the Public Accounts Committee is against all of the parameters and authorities that empower the Public Accounts Committee in the first place.
[Inaudible interjection]
Hon. E. T. (B ob) Richards: That’s right, because the Public Accounts Committee is supposed to look at money that has been spent —accounts. You cannot have an account unless money has been spent.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Minister is mi sleading the House, because he knows full well that his Government has expended money on the airport contract to date. He knows that there are supporting documents; he knows that w e have spent money for lawyers , consultants, et cetera. He knows that, Mr. …
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Hon. E. T. (Bob) Richards: Mr. Speaker, I looked at the video of the committee’s interview of the Financial Secretary. A nd he made that point to the Financial Secretary. And the Financial Secretary told him straight, you know, we have not spent any …
All right. Thank you, Honourable Member.
Hon. E. T. (Bob) Richards: Mr. Speaker, I looked at the video of the committee’s interview of the Financial Secretary. A nd he made that point to the Financial Secretary. And the Financial Secretary told him straight, you know, we have not spent any money on this airport. We have spent . . . all the money . . . all the work that has been done has been done on the account of Aecon, not the Government.
The SpeakerThe SpeakerYes, Honourable Member? POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Minister is conveniently attempting to mislead the public. But allow me to please, if I can, correct him. He has signed a Bermuda House of Assembly contract that the Government of Bermuda and the people of this country are liable for in case the airport project does not …
The Honourable Minister is conveniently attempting to mislead the public. But allow me to please, if I can, correct him. He has signed a
Bermuda House of Assembly contract that the Government of Bermuda and the people of this country are liable for in case the airport project does not go to financial close. Therefore, an ything which is being done is a contingent liabilit y to the Government of Bermuda. He knows that, Mr. Speaker. And he needs —
Mr. E. David BurtHe needs to be truthful with the people of Bermuda.
The SpeakerThe SpeakerThank you, Honourable Member. Hon. E. T. (Bob) Richards: Mr. Speaker.
The SpeakerThe SpeakerMinister? Hon. E. T. (Bob) Richards: The Public Accounts Committee is supposed to look for accounts. Right? [Inaudible interjections ] Hon. E. T. (Bob) Richards: And money has not been spent. And, you know, if the Public Accounts Commi ttee wants to know about our transactions with our lawyers, they …
Minister? Hon. E. T. (Bob) Richards: The Public Accounts Committee is supposed to look for accounts. Right? [Inaudible interjections ]
Hon. E. T. (Bob) Richards: And money has not been spent. And, you know, if the Public Accounts Commi ttee wants to know about our transactions with our lawyers, they can ask that question, because we spent money on the lawyers, all right? If they want to know about our transactions with our financial adv isors in New York, well, they can look at that transaction. If they want to know about the money we spent with our other consultants, HNTB, you know, they can ask about that. But that is not what they are asking about, Mr. Speaker. That is not what they are asking about. They are asking about the contract itsel f for the construction of the airport. And they are out of bounds with that. They are out of their remit. They are past their authority on that. Past their authority; exceeding their authority. And the only reason they are excee ding that authority, Mr. Spe aker, is because the chai rman wants to grandstand on this. I saw that—
The SpeakerThe SpeakerYes? POINT OF ORDER [Imputing improper motive ]
Mr. E. David BurtThe Honourable Minister is imputing improper motive, and he is more than welcome to do so, but the Honourable Minister should remember that when unanimous requests come from the Public Accounts Committee there are more One Bermuda Alliance members on that committee than there are PLP members. So please make …
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. Hon. E. T. (Bob) Richards: Is he talking about the unanimous decision to see the ADA that a summons that he signed without even the knowledge of the rest of the members of the Public Accounts Committee? Is that what he thinks …
All right. Thank you. Thank you, Honourable Member. Hon. E. T. (Bob) Richards: Is he talking about the unanimous decision to see the ADA that a summons that he signed without even the knowledge of the rest of the members of the Public Accounts Committee? Is that what he thinks “unanimous” means? Huh? Is that what you think “unanimous” means, Honourable Member?
Mr. E. David BurtMr. Speaker, the record will reflect that there was unanimous resolution of the Public A ccounts Committee on November 19 th to request the documents and the record will also reflect that there was a unanimous decision of the Public Accounts Committee one week ago to issue a summons for …
Mr. Speaker, the record will reflect that there was unanimous resolution of the Public A ccounts Committee on November 19 th to request the documents and the record will also reflect that there was a unanimous decision of the Public Accounts Committee one week ago to issue a summons for Schedule A of the Airport Development Agreement, of which the Honourable Minister of Finance gave indic ations to his own backbench that he will be producing and to this date he is now standing and arguing against what he is doing to do.
The SpeakerThe SpeakerAll right, thank you, Honourable Member. Minister? Hon. E. T. (Bob) Richards: Mr. Speaker, it is impossible to have unanimity when people are not there. It is impossible to have unanimity when they don’t even know about it!
The SpeakerThe SpeakerAll right; that’s it. Honourable Member, time is up. Time is up. [Timer beeps]
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 36. Hon. Michae l J. Scott: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Learned Member, MP Michael Scott. ECONOMIC INJUSTICE Hon. Michael J. Scott: Mr. Speaker, I want to address my remarks to the topic of economic injustice so far experienced in our fair Island. It comes against the backdrop of a promise by the incumbent Government to deliver economic justice, the …
The Learned Member, MP Michael Scott.
ECONOMIC INJUSTICE Hon. Michael J. Scott: Mr. Speaker, I want to address my remarks to the topic of economic injustice so far experienced in our fair Island. It comes against the backdrop of a promise by the incumbent Government to deliver economic justice, the main vehicle for this 2000 3 June 2016 Official Hansard Report
Bermuda House of Assembly delivery was a promise that we are all familiar with, the delivery of jobs. And we are all familiar with the number that was promised. It was an important promise and on the back of that promise many people were given hope, many voters were given hope and sup-ported the incumbent One Bermuda Alliance. And the two vehicles that were meant to deliver this economic justice at the hands of the OBA were immigration and the use of immigration tools to do what you do with an immigration policy, protect existing jobs and try and create new jobs from expi ring work permit holders. The other tool that was used is the Workforce Development Department, a structure that was i nvoked and created by the Progressive Labour Party. The director of it, or its chair, sits in this House and, may I say up front the work of the Workforce Deve lopment Force under its current chairman has exper ienced woeful failures and a lack of progress. And we have heard it serialised in an excellent manner by the Member for constituency 13. But these were important tools. They should have been used to make it impossible for me to stand before you this afternoon and talk about the economic injustice. How did it begin? First we saw the One Bermuda Alliance on the eve of taking up the reins of delivering economic justice, toying with immigration (what shall we call it?) . . . economic immigration, fil ling the country with immigrants t o stimulate the economy was the first concerning development of the One Bermuda Alliance Government. It began to get people’s attention in this country and it began to raise concerns because we began to see that policy being one where the floodgate of immi grants to Bermuda would be opened even wider than it was. Then there was this major policy that brought the country almost to a standstill of granting status to PRCs of 10 years and 15 years residence, respectively, in the country. Well, this not only did more than just raise eyebrows. It brought the country to this House and to these grounds to the point where we could not enter the place. In the middle of all this, we saw wages being paid to foreign workers in this country that were not sustainable, or wages that could not sustain a Bermudian. I mean, the debate went on and on, and there were familiar elements involved in the immigration platform happening in our country taking place, led by the One Bermuda Alliance as part of this response to, or its non- response to delivering ec onomic justice in our country. The Workforce Development Force and D epartment was meant to do its part as the other tool to liaise with Immigration and expiring work permits to train, which was part of the Pitt Commission’s adv ocacy to us as far back as 1977, apprenticeship [for] our country’s young people, make them apprentices, train them so that you have low immigration. Wor kforce Development was founded on these kinds of principles, Mr. Speaker. And I believe that we under-stood what we were doing when we created the platform of Workforce Development with the PLP, but the Workforce Committee under the current chairman has woefully failed, woefully failed, and he should be ser iously sanctioned for his failure, instead of speaking and grandstanding, standing up and saying mission accomplished, we anticipate by next year we are going to have over -employment in this country . . . this is just hope. It is a prayer on the part of the Member for Warwick to make such statements. What is t he evidence of the hope that has been engendered in the people thus far? I see none yet. In the meantime his colleague on the frontbench, the Minister of Finance, has pursued a policy of cutting back on services within the civil service, reducing the defic it, yes. But what is being sacrificed is this effort of fiscal cuts. Whilst it may be fiscally impressive, socially it has proved deadly. What do I mean by this? Socially, it has proved deadly. Socially it has not contributed to the making of jobs in this country, which was the primary promise on which the OBA sought to rest its economic justice endeavours. You know, as the Shadow [Minister] who speaks for justice issues in the House, I read with alarm, Mr. Speaker, in the court reports of our daily goings on in the magistrate’s court these concerning reports. And with your permission, they come from Bernews, but the first one that comes to mind is a 54year-old man is charged with stealing a steak, charged with it, and he is convicted of stealing a steak worth $9.00. That was the first one. And so I scrolled through these reports and they are on the increase. And the age is interesting too. It is older men, my age group, are all falling afoul just trying to feed themselves. These are inhuman situations that are deve loping. But the courts provide us with a prism through which the OBA Government should judge itself. Another man, 39 years of age, charged with stealing food, coffee and tobacco worth $14.00. A nother man, age 39, charged with (he goes a little b igger) stealing a fishing rod. I am thinking, you know, so that he can feed himself by fishing. Another man charged with stealing from one of our local schools, cooking supplies. And then that same man entered a restaurant, a local restaurant, and stole food items. And just to finish it off, another man is charged with stealing T -bone steaks, five trays of it, at a worth of $75.00. That person was 63 years of age. So the adults, considerable seniors, are trying to feed themselves. The younger people, as the Member for constituency 5 has indicated, are commi tting in broad daylight armed robbery and entering our homes. So this does not speak well, nor does it bode well for us, as we seek to deliver economic justice. This is just the opposite. This is economic injustice. And to rub salt in the wound by these remarkable i mmigration policies that create an environment where there is not a hope anywhere in the country of creatBermuda House of Assembly ing jobs for Bermudians, we have the Immigration policy that has been pursued from day one by the former Minister of Immigration that has brought this country and this House to a point of closure. This is not ec onomic justice, and we are seeking the results of real inhumane injustice occurring in our court. Now, the Minister of Immigration, the incumbent Minister who replaced Minister Fahy, of the other place, hopefully or presumably is taking a different path. Maybe that is why the Premier changed these Ministers. I listened to her speech, and she makes promises that they are going to look at aligning work permit expiries with Workforce Development and try to make improvements. But today we are on the fourth year and people are increasingly going hungry and committing armed robbery. These are serious justice issues that amount to economic i njustice. I, for one, have no confidence in the chairman of the Workforce Development Department if to this date the assessment of its failures and flaws as they have been and as they have been described in this House by the Member for [constituency] 13, absolutely no confidence. And that particular chairman should relinquish that position and let somebody else get on with what Lord Pitt asked us to do, create a platform for training and apprenticing that is meaningful. What is the point of having motor mechanics credentialed? There are young black and Portuguese and white boys in this country who are interested in using their hands and who go down to the automotive industry shops keen to understand this industry and learn about it. And they go through th e exercise and come out with credentials that are not recognised. I mean, that is a major failure and the chairman should be ashamed. I express no confidence in that kind of delivery after the many months that he has been in this position.
AIRPORT DEVELOPMENT AGREEMENT
Hon. Michael J. Scott: Mr. Speaker, I change gears very slightly to deal with the Minister of Finance’s last presentation. There are a number of differences be-tween the two contracts that he sought to proselytise and justify his position. N ot once was the hospital contract the subject of 75 per cent concern in polling of the people of this country about its being the wrong kind of contract for us. There was not the level of controversy surrounding it. Therefore, when there is that level of c ontroversy surrounding a contract and this House, Members of the Opposition must shine the light of scrutiny upon it. We cannot be accused of not doing it in relation to the hospitals contract when it was a contract that went along very smoothly, created some jobs and did not have this level of controversy. When the contract for the airport was put in the public domain, Mr. Speaker, as it has been, it be-comes increasingly more difficult for the Minister of Finance in this country to stand up and say that i t should not be displayed in all of its features and de-tails and it becomes increasingly difficult to rely on commercially sensitive excuses or protections to conceal from . . . not from Members of the Opposition, but the public, details of all of its term s and conditions, warts and all. The point that completely escapes the Minister of Finance is that this contract has become the subject of great public disquiet. And we are reflec ting it as Members of the Opposition. And I do not buy that he gets a pass by suggesting that we did it in r elation to a redacted contract at the hospital. The two are completely dissimilar. He is comparing apples with lemons, and it is not convincing. So, Mr. Speaker, I am concerned about the direction that we are going in when we see men trying to carve out a humane existence, achieve basic r equirements for existence and living by stealing food. I have practiced long enough to know that this is not new, but the litany that has just appeared over this one year, and it suggests to me that it is going to co ntinue, is concerning. And it is not an occurrence, it is not a development in our society that bodes well for a Government that set out under a plank to deliver ec onomic justice largely on the platform of job creation. For heaven’s sake, they are even saying . . . they use every platform possible to say that they are going to create jobs. They even say so, I say nobly, hopefully it will work, they do so on the platform of the gaming initiative here. That it is meant to stimulate c onstruction jobs. But it is lots of words so far, and in the meantime people are being charged with trying to eke out filling their bellies by committing crimes in our country. And as a lawyer, this is a very concerning development on our Island. I think those are the matters that I want to speak to. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right, thank you, Honourable Member. The Chair now recognises the Minister of Health and Seniors, Minister Atherden. DEPARTMENT OF WORKFORCE DEVELOPMENT
Mrs. Jeanne J. AtherdenMr. Speaker, you know it is not my practice to speak a lot on the motion to ad-journ because I tend to like to listen and hear what people are saying. But, Mr. Speaker, I really feel moved to stand up and say a few words, first of all with …
Mr. Speaker, you know it is not my practice to speak a lot on the motion to ad-journ because I tend to like to listen and hear what people are saying. But, Mr. Speaker, I really feel moved to stand up and say a few words, first of all with res pect to the Member who just sat down. I really am concerned that when you talk about economic i njustice and delivery of jobs and making promises, as you can appreciate, we did make some promises with respect to what we hoped to do. And it was on the basis of a new Government coming in and coming to grips with what we believed were the economic issues that we thought we would have to deal with. But I say to you, and I say to the people of Bermuda that we did 2002 3 June 2016 Official Hansard Report
Bermuda House of Assembly not know how large the problem was. And that has been part of the issue. I have said to many people over time I would not have minded if when the former Government got in they took the money that was . . . when the former Government got in if they had taken the money that they had in the government coff ers and used that for some of the issues that we are dealing with right now. I would have said money well spent ; it’s spent and we are moving on. But we have a lot of things that were carried over and which we are now still having to deal with.
[Mrs. Suz ann Roberts -Holshouser, Deputy Speaker, in the Chair]
Mrs. Jeanne J. AtherdenSo, Madam Deputy Speaker, I just want to go through and I want to make a couple of observations. If you go back and look you understand and realise that when the former Gover nment . . . and I am saying these things, not because I am trying to …
So, Madam Deputy Speaker, I just want to go through and I want to make a couple of observations. If you go back and look you understand and realise that when the former Gover nment . . . and I am saying these things, not because I am trying to say, You didn’t do it, and now we are doing it, and whatever. I am trying to make observations as to the reality of how you have to deal with circumstances once you find them. The former Government had the largest number of work permits that we have had. So that meant that they allowed people to come on the Island, and we would have to turn around and recognise that it was a product of the stimulation of the economy. The economy was white hot and, therefore not unreasonably, we had lots of people come on the Island. But there were a lot of work permits that were there. It also meant that as we went forward the former Government would also have to look at what rules they had in place to al low work permits to be given, what rules they had in place to determine what qualifications the individual had, and also what rules they had in place to renew work permits. So we have gotten to where we are where lots of work permits were renewed and peopl e were allowed to stay here. And I am only saying that says what you had indicated earlier about Workforce Development and what you had indicated earlier the Minister that sat . . . the Member that stepped down, about using immigr ation to protect existing jobs, promoting new jobs, and Workforce Development, obviously all of that was not happening. And I am not turning around and laying blame on anyone, all I am saying is let us have the reality. It did not work as well as we would have liked to have happe n. So now we are where we are. We have had a lot of workers. We have had a lot of persons that have now left. We have a lot of jobs that have been lost. We have Bermudians that have not gotten as much of that training that we want. And now we have to turn around and we still have to backfill. The Government hoped that it would have more jobs, but we are getting there. The shoots that we see are starting to grow. And what really concerns me when I talk about shoots starting to grow, sometimes you see and you hear things, and I say to myself, I can’t believe I heard someone say that. I can’t believe that you almost feel like sometimes the Opposition are like sa ying, They are almost going to get it, we better do something to torpedo the belief that people have that it’s going to happen. And I am surely saying, Madam Deputy Speaker, I really hate to think that the Oppos ition who calls on us to collaborate would sometimes stand back and look and say, Hey, we don’t want to go down and see that succeed; we would ac tually like to see it fail because we would like to bring the Government down. But, Madam Deputy Speaker, I want to make a couple more observations as it relates to the Wor kforce Development. I know that the Minister got up and spoke about what she is doi ng in her Ministry. And I know the Chairman got up and I am sorry. I am a little disappointed that anyone would turn around and start to raise criticism and challenges about indi-viduals. Chairmen of boards are only there working together with the technical people in the department and it is a work in progress. But all I can say to you is I know that the former Minister and the current Minister now are doing things. We are looking at medical wor kforce planning, because we recognise . . . and, of course, heal th is the area that I am involved in, we are recognising that there are lots of jobs that are going to come. We were talking today about seniors. We were talking about the growing industry. So what we are trying to do is say, What can we do to create jobs in that environment? So it is not that we are not out there trying to work on all of this; it is a work in progress. But I really get concerned when we hear statements made, and I know the Honourable . . . my Deputy Finance Minister made a comment and the Speaker said something about impugning Members’ integrity. Well sometimes some of the comments that are made on the opposite side turn, and they are also doing the reverse. They are also almost suggesting that our intent was not to try and get jobs for Bermudians; our intent was not to try to get jobs for all Bermudians. We are not out there trying to determine which Bermudians we should get the jobs for. We are out there saying Bermuda does not have enough workers. Our birth rate is going down. We have to import people to work. So the more Bermudians we can turn around and make contribut-ing workforce members, the better it is going to be for us. The same way I turn around and I mean healthy Bermudians. If you do not have Bermudians who are healthy, that wi ll also impact the workforce. So for me, this business of trying to divide and trying to say to the general public that the One Bermuda Alliance is not trying to work for black Bermudi-ans . . . sorry, I cannot buy that. And I would hope that
Bermuda House of Assembly the general p ublic out there would stop listening to this nonsense. We are out there trying to do things for Bermudians. We are out there trying to say it is important. And I must admit and I say to other people there has been a tendency in Bermuda to try and divide the blacks, to try and say, Okay, these are the only ones who succeeded. These are the ones . . . lots of black people in Bermuda have been entrepreneurs on both sides of the divide. We should be encouraging and recognising these individuals. And as we go forward, we should be saying we have more in common than we have that divides us. We should try and do things that are going to unite us. Now, we have been talking about collabor ation. And I made this little note to myself, and I promised the Premier that I was not going to speak more than five minutes. I made this little note to myself. One of the dilemmas about collaboration is that when you collaborate with someone, you tell them about what you are talking about and through collaboration som etimes you have to talk about some of the uncertai nties, sometimes you have to talk about options, and sometimes you have to talk about what you are going to do. If you are going to have true collaboration you should be able to talk about that and not have som ebody come around later on and across the floor turn and throw that at you as if to say this was something you did not do, because collaboration talks about choice, probability, priorities and it talks about the r esult you are going to try to achieve. So, Madam Deputy Speaker, I believe that as we go forward it is important for us in this House and at the end of the day when we get up here it is important to talk about things that all of Bermuda wants us to focus on. Talk about it in a way that says we are going to w ork together on doing this, not talk about a way that goes back and harps and divides us, b ecause Bermuda actually wants us to move this thing forward. And I believe that with what we are doing with respect to the airport, with respect to the hotels, that we are very close. And why some of my colleagues might have said some of those things they did, maybe . . . I have a tendency to keep things close to my chest. I have a tendency not to be pessimistic. But I have a tendency to wait until it has happened before I say it is happening. Some others are very enthusiastic and talk about it before. But I still believe that based on what we are doing with respect to the airport, with respect to the two hotels, with respect to a number of other activities, that we see the things that are happening. And I want to say to Bermuda that is out there, we are moving this forward. And I want to just wrap up with the last thing about people out there that are hurting. Now, we are obviously trying to deal with people that are h urting. And the point that I need to make is that normally, if we have lots of money in our kitty, we would be out there being able to put money back into the system and help people with financial assistance, help people with projects. But as you know, we did not have that money. When we got there, the cupboard was bare. And now we are buil ding it back up. So I want to say to the Bermudian people out there we are working on this. Where we have the money we have been trying to dole it out in terms of assista nce and I would like to think that as a co mmunity we will reach out and do things in terms of reaching out to our neighbours. We should not be r elying on Government to do everything. And I would hate to think that we are creating the environment of people feeling that bad behaviour is justified behaviour, because, Madam Deputy Speaker, there are lots of people out there who have been hungry. Lots of people are out there who are making decisions about what they should do to make sure their families have roofs over their heads. And I would hate to think that when we start to talk about different people who are in the courts that it makes people believe that that is acceptable behaviour. I like to think that it says to us wherever we can, let us reach out to o ur neighbours, as family members let us turn around and help them, let us not encourage people to do this because it also creates the other env ironment we do not want. Bermuda has always been a safe place. Bermuda has always been a place where people could go around and do things. I do not want us to think that persons’ behaviour is going to result in a type of activity and practice. So all of you who are out there, reach out to your family, reach out to your neighbour and know that the Government is working on the job creation. The Government is working on being able to release some of the funds that we have been able to save, because the Finance Minister has allowed us to save some of these things so that we can use them for some of these programmes. And I would like to think that as we go through the motion to adjourn that we can try and make it f ocus a bit more on the things that we can do together as opposed to trying to turn around and separate us. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Premier. You have the floor. ECONOMIC INJUSTICE Hon. Michael H. Dunkley: Thank you, Madam Deputy Speaker. I think my colleagues have done a good job of answering the questions from the Opposition side. I just want to say a couple of things before …
Thank you, Member. The Chair recognises the Premier. You have the floor.
ECONOMIC INJUSTICE Hon. Michael H. Dunkley: Thank you, Madam Deputy Speaker. I think my colleagues have done a good job of answering the questions from the Opposition side. I just want to say a couple of things before I get into the main body of what I want to say. I was astounded by the comments from the Honourable Member from constituency 36 when he talked about economic injustice, because, clearly, Madam Deputy Speaker, this Government did not bankrupt the country. This Government was not in 2004 3 June 2016 Official Hansard Report
Bermuda House of Assembly charge when unemployment skyrocketed. This Government was not in charge when crime skyrocketed. This Government was not in charge when the . . . business left Bermuda—
Mr. E. David BurtThe Honourable Premier will be aware that the highest unemployment —
The Deputy SpeakerDeputy SpeakerYour point of order is? POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Premier is mi sleading the House. He would be aware that the highest figures of unemployment were recorded under his Government.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Premier. Hon. Michael H. Dunkley: Madam Deputy Speaker, the Honourable Member likes to jump up and spin the Burt-math numbers, and I will continue on. So economic injustice? It started under that Government and now they try to turn a blind eye to …
Thank you, Member. The Chair recognises the Premier.
Hon. Michael H. Dunkley: Madam Deputy Speaker, the Honourable Member likes to jump up and spin the Burt-math numbers, and I will continue on. So economic injustice? It started under that Government and now they try to turn a blind eye to their record. And I find it quite amusing, re ally, that every time we bring it back to them they say, W ell, let’s move on from there, let’s move on from there. You cannot rewrite history, and you cannot all of a sudden sit on the other side and act like you get it now. You cannot disown your record. And that is what politicians try to do all the time, disown their record. Now, would we not like to see progress take place much quicker than it has? Yes. I would never deny that. I would never deny that we would have liked to have seen some hotel deals close quicker than they did. But it is happening now.
ST GEORGE’S HOTEL PROJECT
Hon. Michael H. Dunkley: Honourable Members asked some questions about St. George’s and you promised you’d have a shovel in the ground on this date, and that date. Well, I remember Honourable Members on that side saying that we would never get a contract for the hotel in St. George’s. Now they have changed the goalpost again. We are moving forward with that project. And Honourable Members on that side will continue to get updates on it. But in the meantime while they want to see a shovel in the ground, they inflate and try to aggravate other issues, which are important issues, such as the beach access. And I think the principals of the hotel and the Government have always been very clear in regard to beach access. So we will continue to move this pr oject forward as soon as possible. But it is a big project; a lot has to take place. You cannot just put a planning application in tomorrow and expect that it is going to happen in an appropriate way. So I am very confident that we will continue to move this forward and I want to give ev eryone on the Government side who has worked on this project, kudos for continuing to move it forward and to Desarrollos group for the confidence in Bermuda, in spite of some of the criticism that comes too frequently from members in the community to try to derail some of these projects. Because, quite simply, while we try to turn around the economic injustice that the Opposition talks about, that really cemented itself under their term, it makes it harder to get things done.
ROADSIDE SOBRIETY
Hon. Michael H. Dunkley: Now, the Honourable Member from constituency 24, I believe, talked about road safety and roadside sobriety. I found that conversation quite interesting because it is one that I share with . . . I think all 36 of us here in this Honourable Chamber and Members in another place as well. The driving habits of too many of us in Bermuda are totally unacceptable. There is not a day that goes b y when we, all of us I am sure, witness an event on the road and we just wonder what that person was up to. We are sincere in trying to find the appropriate avenue for roadside sobriety. And we will move that forward and we will bring legislation when we are comfortable that that legislation will get the job done. So, having mentioned that, I want to also just take a moment to focus in on some of the other things that people can do to make sure that people do not drive after they have had too much to drink . Reme mber, we are all in this together. Let us not forget about the taxis. Let us not forget about CADA and the agencies that have taxis down on Front Street at certain times to take people home when they have had too much to drink. Let us not forget about the bar and all the TIPS training they do in how it is their responsibi lity not to serve people when they believe they have over-imbibed a little bit. Let us not forget about friends, because very few people go out and drink by themselves. Bermudi-ans, we like to hang together. So let us not forget about friends when we go out. Why do you not say, Excuse me, but maybe I should take you home. Leave your keys with me. Or, Let’s get a ride, let’s call somebody up. I can recall many times when my chi ldren would call me from town at two o’clock in the morning. I would ride in to get them, because you do not want them to be drinking and driving. So let us take more responsibility. Let us not just look at the punitive action, which is necessary. But let us look at what we can do as a community to
Bermuda House of Assembly curb those habits. As we had a bit of a debate this morning (and not reflecting this afternoon on the d ebate) but we talked about the cost of an accident. There were two things that really bothered me about that. One is that somebody gets hurt. And that is very unsettling that a brother or sister, or a visitor, Mr. Speaker (as you take the chair now), will get hurt and have to go through a real trying period of in their life. But also, the resources that it takes to get that person back up to snuff, whether it is emergency services, whether it is the resources in the hospital. And quite often, after you have a serious road traffic accident, you never get back to the par that you once were. We see it with head injuries. We see it with hip injuries. We see it with leg injuries, chest inj uries, all of those type of things. For what? What are we doing? Where are we going? Twenty -one square miles, where are we going? Come on.
[Hon. K. H. Randolph Horton, Speaker, in the Chai r]
Hon. Michael H. Dunkley: So, Mr. Speaker, when we talk about roadside sobriety testing, yes, that is still on our agenda. But there are other things we can do to make sure that we calm our roads down. I think we should all preach that message and allo w a lot of the other policies we put in place to work in an appropr iate way.
DEPARTMENT OF WORKFORCE DEVELOPMENT
Hon. Michael H. Dunkley: A couple of other things, Mr. Speaker. I am very disappointed at the comments in regard to the chairman of the Workf orce Development and the work that they have done there. I can tell you that the Honourable Member from constit uency 28 and his colleagues on that, the deputy chair, I think, is Ms. Robinson. All the staff in the Workforce Development Department have worked hard. And while we can have differences of opinion on the suc-cess and the policies that are in place, instead of getting up here on a Friday night and talking back and forth on the motion to adjourn, I would like honourable colleagues on the other side, if they have challenges with what takes place in any department, go talk to the chairman of the Workforce Development and say, Wait a second. You talked about this policy but I don’t see it working. This is what we would do. Now, if you want to score pol itical points on the floor of the House, perhaps you should talk to them first, say you have talked to them, provide suggestions and then say, They didn’t listen to me. But I do not see any of that happening at this point in time. And that brings me to my next point in regard to the government portal.
GOVERNMENT PORTAL Hon. Michael H. Dunkley: I heard the Honourable Member from constituency 29, I believe, talk about the Government portal saying it is worse than it was b efore. Well, the Honourable Member l ikes to spin and make up numbers. We know that. But now he is just spinning and making up his own evidence, or lack of evidence, that the portal works. He does not know. That is just the way he sees it. So I went over to the Honourable Member afterwards and I said (and the Honourable Member has left the Chamber, but I waited patiently for ever yone else to speak). I went over to him afterwards and I said, just as I said on the floor of this House a week or two ago, Bring the information to the appropriate people and they will look at it. Of course, we knew it was a mammoth job to make a change like that. And there are going to be some hiccups along the way. But to get here and say that it is worse than it was before and that there are all these complaints . . . So I told the Honourable Member, Bring them to me . But do not even worry about me; contact the director straight up and get the information out there. But in the meantime I wrote in and asked for some information and I got it back. So since May 21 st they have received 21 pieces of feedback via the portal, 8 concerning the Depar tment of Social Insurance, asking questions about forms they were looking for; 2 to the Office of the Tax Commissioner asking about payroll tax and online payments; 2 for Immigration asking about passports and permanent residency; 2 from TCD, re: prices for car registration and e- mail addresses for TCD; 6 general comments about the website. So 8, 10, 12, 14, 20. They are off by one. I will find out where that one is. So, they rec eive all the information and they take a look at it. So they go through the analytics and they see how the comments and questions can be alleviated as they go forward. Now, these responses do not take in any direct responses to the department, which I have asked them for more information on. So in short order, Mr. Speaker, yes, we want the portal to work well. We want people to be able to use it. And since it was launched sometime in April there has been a great deal of traffic on it. I have seen the anal ytics to it. The largest reach out has been in the Immigration D epartment over passports. And that has been pretty consistent over the past couple of weeks. The second largest has been in TCD over licences. So we take any questions about the challenges it might have very seriously and we will rectify them. The last thing I will say about that, Honourable Members mentioned something about the expense of the portal. There were two RFPs put out for it. Ever ything was done in an appropriate way. So I am alway s happy to answer questions about cost on the portal and I am very comfortable at this point in time that we will build a product that will work well for the people of Bermuda. And once the people get used to [the new 2006 3 June 2016 Official Hansard Report
Bermuda House of Assembly portal] it will work much easier, because it is different to use than the last one was. So that might allow for some of the challenges that people might have as they go forward. But go online, check it out for yourself. And contact the people in the departments. If you do not get any satisfac tion that way, Mr. Speaker, people can easily reach out to me and I will follow up. So, with those comments, Mr. Speaker, I wish you a good Friday and a good weekend.
The SpeakerThe SpeakerAll right, thank you, Honourable Pr emier. Honourable Members, the House i s adjourned to Friday, June the 10th. [Gavel] [At 6:51 pm the House stood adjourned until 10:00 am, Friday, 10 June 2016.]