The SpeakerThe SpeakerHonourable Members, we have confirmation of the Minutes of the 7th, 9th, the 11th and the 21st of March confirmed. Members should have received them. Are there any objections to those Minutes, any errors or any corrections? If there are none, then the Minutes are a pproved. [ Minutes of …
Honourable Members, we have confirmation of the Minutes of the 7th, 9th, the 11th and the 21st of March confirmed. Members should have received them. Are there any objections to those Minutes, any errors or any corrections? If there are none, then the Minutes are a pproved. [ Minutes of 7, 9, 11 and 21 March 2016 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are no messages from the Governor. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES The Spe aker: First, I would like to apologise to the Honourable Members for the late start. But there was no police coverage of the House. And therefore, I was not prepared to start until …
There are no messages from the Governor. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES The Spe aker: First, I would like to apologise to the Honourable Members for the late start. But there was no police coverage of the House. And therefore, I was not prepared to start until that was in place. Members S. E. Jackson, L. K. Scott, Z. De Silva and the Honourable M. A. R. Bean are all absent today. JOINT SELECT COMMITTEES
The SpeakerThe SpeakerHonourable Members, I would like to inform Members that the following Members and Senators have agreed to serve on the Joint Select Committee to examine the impact unemployment is having on women and their families. And the Mem-bers who will serve on the committee are MP Kim Wi lson, from …
Honourable Members, I would like to inform Members that the following Members and Senators have agreed to serve on the Joint Select Committee to examine the impact unemployment is having on women and their families. And the Mem-bers who will serve on the committee are MP Kim Wi lson, from constituency 34; MP Walton Brown, from constituency 17; MP Shawn Crockwell, from constit uency 31; MP Government Whip and Junior Minister Nandi Outerbridge, from constituency 2; MP Leah Scott, from constituency 30; and Senators Renee Ming and Georgia Marshall . NEW ADMINISTRATIVE ASSISTANT AND SERGEANT -AT-ARMS
The SpeakerThe SpeakerHonourable Members, I would also like to welcome, and I see her sitt ing to my left our new Administrative Assistant to Mrs. Wolffe, Ms. Karmel Minors. [ Desk thumping]
The SpeakerThe SpeakerAnd finally, in my announcements t oday, you know Bermuda Day is on Tuesday. And t oday, as is usual, there will be a Bermuda Day cake presentat ion in the atrium at 12:30 pm. So I would like to ask if Members, those of you who can, to come …
And finally, in my announcements t oday, you know Bermuda Day is on Tuesday. And t oday, as is usual, there will be a Bermuda Day cake presentat ion in the atrium at 12:30 pm. So I would like to ask if Members, those of you who can, to come into the atrium at 12:30 pm for that presentation. I would also announce as well, because this is the first time that he has been here before, our Sergeant -at-Arms has been officially announced. Our Sergeant -at-Arms is Mr. Allen. [ Desk thumping]
The SpeakerThe SpeakerHe has been here with us for some time, but he wasn’t officially the Sergeant -at-Arms. But he is so now. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are no messages from the Senate. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerPapers and communications. The Chair will recognise the Honourable Minister of Finance. Minister E. T. Richards, you have the floor. CONSOLIDATED FUND FINANCIAL STA TEMENTS FOR THE YEAR ENDING MARCH 31, 2015 Hon. E. T. (Bob) Richards: Thank you very much, Mr. Speaker. I have the honour to attach and …
Papers and communications. The Chair will recognise the Honourable Minister of Finance. Minister E. T. Richards, you have the floor. CONSOLIDATED FUND FINANCIAL STA TEMENTS FOR THE YEAR ENDING MARCH 31, 2015 Hon. E. T. (Bob) Richards: Thank you very much, Mr. Speaker. I have the honour to attach and submit for the information of the Honourable House of Assembly the 1722 20 May 2016 Official Hansard Report B ermuda House of Assembly Consolidated Fund Financial Statements for the Year ending March 31, 2015.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Chair will now recognise the Honourable Dr. E. G. Gibbons. You have the floor, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and good morning.
The SpeakerThe SpeakerGood morning. ANNUAL REPORT OF THE REGULATORY A UTHORITY OF BERMUDA ACTIVITIES AND A UDITED FINANCIALS FOR THE PERIOD JANUARY 2013 TO MARCH 2014 Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the …
Good morning. ANNUAL REPORT OF THE REGULATORY A UTHORITY OF BERMUDA ACTIVITIES AND A UDITED FINANCIALS FOR THE PERIOD JANUARY 2013 TO MARCH 2014 Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Annual Report of the Regulatory Authority of Bermuda Activities and Audited Financials for the Period January 2013 to [March] 2014. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Minister. Also, I should have made my announc ement also that the Members will already feel that the air conditioner is not operating as it should. And so, if Members get warm, then feel free to unclothe . . . [ Laughter]
The SpeakerThe SpeakerTake off your jackets. Disrobe. The Chair will now recognise the Honourable Minister for Health, Minister Jeanne Atherden. BERMUDA HOSPITALS BOARD (HOSPITAL FEES) AMENDMENT REGULATIONS 2016 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Talking about a health issue, Mr. Speaker, I have the honour to attach and submit for …
Take off your jackets. Disrobe. The Chair will now recognise the Honourable Minister for Health, Minister Jeanne Atherden. BERMUDA HOSPITALS BOARD (HOSPITAL FEES) AMENDMENT REGULATIONS 2016 Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Talking about a health issue, Mr. Speaker, I have the honour to attach and submit for the inform ation of the Honourable House of Assembly Bermuda Hospitals Board (Hospital Fees) Amendment Regula-tions 2016.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will now recognise the Honourable Minister, L. C. Cannonier. You have the floor. SALE AND PURCHASE AGREEMENT BETWEEN BERMUDA GOVERNMENT AND FRANK POLLARD FOR THE PURPOSES OF SELLING THE HA RRINGTON SOUND POST OFFICE Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I have …
Thank you, Honourable Minister. The Chair will now recognise the Honourable Minister, L. C. Cannonier. You have the floor. SALE AND PURCHASE AGREEMENT BETWEEN BERMUDA GOVERNMENT AND FRANK POLLARD FOR THE PURPOSES OF SELLING THE HA RRINGTON SOUND POST OFFICE Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I have the honour to submit for the consider ation of the Honourable House of Assembly the Sale and Purchase Agreement between Bermuda Gov-ernment, represented by the Ministry of Public Works, and Frank Pollard, for the purposes of selling the Harrington Sound Post Office.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will now recognise the Honourable Junior Minister for Tourism. Junior Minister Bascome, you have the floor.
The SpeakerThe SpeakerGood morning. FINANCIAL STATEMENTS OF THE BERMUDA TOURISM BOARD FOR PERIODS ENDING 31ST OF MARCH 2013 AND 15TH OF DECEMBER 2013
Mr. Kenneth (Kenny) BascomeGood morning to my honourable colleagues. I have the honour to attach and submit for the information of this Honourable House of Assembly Financial Statements of the Bermuda Tourism Board for the periods ending 31 st of March 2013 and the 15th of December 2013. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you very much, Junior Minister Bascome. PETITIONS
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member, the Whip and Junior Minister, Nandi Outerbridge.
The SpeakerThe SpeakerGood morning. HOSPITAL AUXILIARY OF BERMUDA AMENDMENT ACT 2967
Ms. Nandi OuterbridgeMr. Speaker, I move for leave to introduce the following Petition: the Petition by the Hospital Auxiliary of Bermuda requesting that legislation be enacted to amend its incorporating Act, the Women’s Auxiliary of the King Edward VII Mem orial Hospital Act 1967 , the Hospitals Auxiliary of Bermuda Amendment Act …
Mr. Speaker, I move for leave to introduce the following Petition: the Petition by the Hospital Auxiliary of Bermuda requesting that legislation be enacted to amend its incorporating Act, the Women’s Auxiliary of the King Edward VII Mem orial Hospital Act 1967 , the Hospitals Auxiliary of Bermuda Amendment Act 2016, as set out in the Bill. I ask that the said Petition be referred to the Joint S elect Committee on Private Bills for consideration and report.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. B ermuda House of Assembly STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe move now to Statements by Mini sters and Junior Ministers. The Chair will first recognise the Honourable Premier, who will make a statement on the Azores and the America’s Cup World Series. Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Good morning to you. Good morning to colleagues.
The SpeakerThe SpeakerGood morning. Hon. Michael H. Dunkley: Yes, this Statement is two items together, as you mentioned. OFFICIAL VISIT TO THE AUTONOMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING AMERICA’S CUP WORLD SERIES NEW YORK Hon. Michael H. Dunkley: Mr. Speaker, this morning I am pleased to share …
Good morning. Hon. Michael H. Dunkley: Yes, this Statement is two items together, as you mentioned. OFFICIAL VISIT TO THE AUTONOMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING AMERICA’S CUP WORLD SERIES NEW YORK Hon. Michael H. Dunkley: Mr. Speaker, this morning I am pleased to share with colleagues in the Honour-able House details of the successful historic visit to the Autonomous Region of the Azores . I was accompanied to the Azores by the Honourable Trevor G. Moniz, the Attorney General and Minister of Legal Affairs; Dr. Derrick Binns, Secretary to the Cabinet; and Ms. Kimberley Durrant, UK Re presentative. An official invitation was extended by Pres ident Vasco Alves Cordeiro to visit the Azores during a visit last Ju ne of a delegation of the Azorean Gover nment to Bermuda. At the meeting in Bermuda, the Azores Government invited us to consider and sign a Memorandum of Understanding [MOU] on the historic and cultural ties that unite Bermuda and the Azores. Mr. Speaker, in 1849, Portuguese immigrants first arrived on Bermuda’s shores from Madeira and other parts of the Azores. Since that time, the Port uguese community has played a significant role t owards the economic, political and social advancement of Bermuda. The Azores is a strong, viable partner to Bermuda, and an MOU will only strengthen that special relationship between both communities. The MOU, which I am pleased to lay before this Honourable House today after I finish this Stat ement, sets out a framework for promoting: 1.cooperation and mutual understanding between Bermuda and the Azores; and 2.the encouragement of closer ties between ourpeoples, institutions, and public and privat e ent ities.Mr . Speaker, the Memorandum will enable our governments to develop cooperation in four areas, generally: 1.culture, history and popular traditions; 2.s ea conservation of marine and land environments and sustainable development. a.Mr. Speaker, I note the Azores is a s ignatory of the Hamilton Declaration on the Collaboration for the Conservation of the Sargasso Sea; 3.r elations between t raining, research and teaching institutions, and exchanges of st udents, teachers and researchers; and also, 4.c ommunity associations, especially in the cu ltural and social areas. Mr . Speaker, President Vasco Cordeiro, his government officials and the people of the Azores welcomed the Bermuda delegation warmly. Their hospitality and attention to detail in the organisation of our visit should be applauded. Arriving in Ponta Delgada, we were surprised and thrilled to be greeted at the airport by Bermudians of Portuguese descent, carrying a Bermuda flag. Their presence certainly demonstrated the sentimental connections between our two countries and confirmed the importance that the Azoreans placed on our visit. Mr. Speaker, in 1976 we marked a significant year for the enhancement of the Azores’ constitutional relationship with Portugal. A redefined Constitution provided for an autonomous region with full political and administrative powers devolved to the Azorean Government. This paved the way for the Azores to establish economic and sustainable advancement with global partners. The relationship between the Azores and Portugal bears some similarity with our own relationship with the United Kingdom. In addition, as the Azores are an outermost region of the Eur opean Union [EU] and Bermuda is a signatory on the Overseas Association decision, we can agree to ex-plore equally areas of tourism, trade, foreign inves tment and related programmes within the EU. Mr. Speaker, you would be keen to know that I was given the opportunity to pay a courtesy visit to the President of the Legislative Assembly of the Autonomous Region of Azores, located on the Island of Faial. There are now more opportunities for par tnerships between our Parliament and that of the Autonomous Region of the Azores. Such a relationship with this Parliament within Europe, I believe, will certainly enhance Bermuda’s visibility in the European Union. Mr. Speaker, agriculture is a fundamental part of the Azorean economy, and we visited a number of agricultur e businesses during our visit. One of the first we visited was a tea plantation on the Island of S ão Miguel , which has been in operation since 1883 and takes pride as the only tea plantation in Europe. We had the pleasure also to visit a dairy farm, where I 1724 20 May 2016 Official Hansard Report B ermuda House of Assembly was very interested to note the owner maintains a tourist accommodation on the farm, as well. In 2004, Mr. Speaker, UNESCO recognised the cultural landscape of the Island of Pico, where they have a vineyard, and it is now a World Heritage Site. We had t he opportunity to visit that, as well. We were moved on the Island of Faial by a memorial to the eruption of the Capelinhos Volcano, which occurred between 1957 and 1958, and it forced the evacuation of a number of villages on the island. The volcanic eruption transformed the entire land-scape of the portion of the island. To preserve the memory of this significant event and its impact on the Azorean people, an Interpretive Centre was constructed to mark this most significant moment in their history. The centre is the world’s only scientific guide to an underwater volcanic eruption and not only serves as a memorial, but also contributes to the ec onomic development of the Island of Faial through its tourism product. Mr. Speaker, as an island community, the Azores shares an interest in maintaining the islands’ sustainability. One key component of this is the prov ision of power. Unlike Bermuda, Mr. Speaker, the Azores have access to sustainable, clean geothermal power. Included in our visits was a tour of the Ve rmelho Geothermal Power Station on the main island. Through a hot water reservoir under one of their many active volcanoes, heat exchange is utilised to produce electricity, which has enabled the Azores to achieve 60 per cent of its power from renewable s ources. The Azores has developed highly advanced research centres such as the Department of Oceanography and Fisheries at the University of Azores on the Island of Faial. We were able to identify some si gnificant parallels with Bermuda institutions, such as BIOS [Berm uda Institute of Ocean Sciences], and acknowledged that partnerships between marine r esearchers had already been established and can be strengthened. Mr. Speaker, indeed, the director of the department was directly involved in our own Sargasso Sea Commission. One of the developments that inspired us during the visit was a visit to the S ão Miguel Science and Technology Park. The Technology Park allows emer ging businesses to work in a capacity -building env ironment with other like- minded companies and to be provided with the necessary tools for creativity. Some of the entrepreneurs whom we were blessed to meet during that visit were Connect All , a start -up company developing smart systems for hospitals. Another one was Cereal Games, who look at measures to develop intellectually and progressively challenging games for mobile phones. Mr. Speaker, I believe a technology park such as this would benefit Bermuda and is something we should look at implementing. It is clear that innovation has the ability to enhance our sustainable develo p-ment and to provide economic diversification, thereby further enhancing our global competiveness. [ Gavel]
The SpeakerThe SpeakerJust a minute, Premier. You know, Honourable Members, if we’re ha ving a Ministerial Statement, then we must be quiet. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The Portuguese community in Bermuda and throughout the wider world would know of the festival of Senhor Santo Cristo dos Milagres (or …
Just a minute, Premier. You know, Honourable Members, if we’re ha ving a Ministerial Statement, then we must be quiet. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The Portuguese community in Bermuda and throughout the wider world would know of the festival of Senhor Santo Cristo dos Milagres (or Lord Holy Christ of Miracles), which attracts hundreds, if not thousands, of emigrants to the island of Sã o Miguel on the fifth Sunday after Easter. Once a year, the im-age is seen moving from the lower chancel to the high altar of the Holy Shrine in a procession that proceeds in front of thousands of people. We were there at a very significant time, shortly after the procession, and it was important that we paid our respects to the i mage following the festival to symbolise the admiration and respect Bermuda has for the Azorean culture and its influence on our own culture. Another highlight of our visit, Mr. Speaker, was the State Dinner hosted by President Vasco Alves Cordeiro at the Palacio de Sant’Ana in our honour. The occasion provided the Bermuda delegation with an opportunity to interact with the wider Azorean community in business, government and political affairs. I was pleased to have met mayors of several municipalities within the Azores and to learn of many of their personal connections to Bermuda. Mr. Speaker, we could not help but notice during our visit that the Azorean Airlines has many flights to and out of the islands, and also has a direct flight between the Azores and San Francisco and many other East Coast cities. We thought about the oppor-tunity to get involved in some of those routes, and the route to San Francisco perhaps could be a flight stop-over here in Bermuda. Many Bermudians and persons with Azorean connections would undoubtedly take advantage of this direct route between our islands. And this is an opportunity we will pursue with a call with Azorean Airlines in the upcoming future. Mr. Speaker, this is just a renewed beginning of the enhanced friendship with the Azores. We have much in common, and there are certainly many areas we can share our own areas of expertise. Mr. Speaker , while I was overseas, I culm inated the visit overseas. I had the privilege of partic ipating in the Louis Vuitton America’s Cup World S eries events in New York. With the assistance of our partners, ACBDA, the America’s Cup Event Authority and the Bermuda Tourism Authority, we were able to conduct a number of meetings designed to enhance tourism opportunities for Bermuda. Bermuda certainly had a remarkable presence in New York, and the hundreds of thousands of pe oB ermuda House of Assembly ple that lined the shore line along New York Harbour were exposed to a host of messages and activities promoting Bermuda. During our visit, we conducted interviews within the America’s Cup Media Centre and at other locations as part of our continual effort to revitalise interest in Bermuda as a tourism and financial services destination. One aspect of keen interest to the media is the potential for Bermuda to remake itself as a superyacht destination. The America’s Cup finals in 2017 provide an excellent opportunity to showcase all that we have to offer to the owners and managers of superyachts. Dr. Gibbons, who was the Acting Minister of Tourism Development and Transport at the time, and I, we were both privileged to participate in the prize- giving ceremony at the conclusion of the New York Serie s. Dr. Gibbons presented the medals to the runners-up, while I was afforded the honour of presenting the trophy to the winners, Emirates Team New Zea-land. This offered us a unique platform to remind the world that the entire series of races in locations ac ross the globe all serve as the Race to Bermuda, the hosts of the 2017 America’s Cup. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Premier. The Chair will now recognise . . . Honourable Premier, are you going to table your MOU? Yes, if yo u could do that. And, Premier, you may continue with your next Statement. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. 2 016 CENSUS OF POPULATION …
Thank you, Honourable Premier. The Chair will now recognise . . . Honourable Premier, are you going to table your MOU? Yes, if yo u could do that. And, Premier, you may continue with your next Statement. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. 2 016 CENSUS OF POPULATION AND HOUSING Hon. Michael H. Dunkley: I stay on my feet this morning to inform the Members of this Honourable House and the people of Bermuda that today is Census Day and tomorrow is the day when Bermuda off icially begins the process of counting our entire popu-lation —a process which is intended to last through the fall. Census Day is important to remember as a reference day for most questions asked during the Ce nsus. Mr. Speaker, as a reminder, the general benefit of a census is that it provides a snapshot of the size and profile of the population and housing stock at any given point of time. Historically, Mr. Speaker, census data have been used to develop effective strategies relating to infrastructure, education, health, emplo yment , and other economic and social issues. The length of time between the 2010 and 2016 Censuses is the smallest in Bermuda’s history. We believe that more frequent censuses would allow Government, its partners and, of course, community stakeholders to make policies and decisions based on current information. Our objectives are very simple, Mr. Speaker. First and foremost, we hope to have everyone’s full participation in the 2016 Census. We also want to make it as convenient as possible. In that regard, Census data will be collected in a variety of ways, including online, telephone interviews, personal inter-views and/or by mail. The 2016 Census will be conducted in four phases, using the following methods,
Mr. Speaker(1) a web- based application for the co llection and management of census information during the 2016 Census of Population; (2) computer -assisted telephone interviews [CATI]; (3) computer -assisted personal interviews [CAPI] using netbooks; and (4) a mail- out questionnaire option. Mr. Speaker, I point out that, historically, data collection …
(1) a web- based application for the co llection and management of census information during the 2016 Census of Population; (2) computer -assisted telephone interviews [CATI]; (3) computer -assisted personal interviews [CAPI] using netbooks; and (4) a mail- out questionnaire option. Mr. Speaker, I point out that, historically, data collection in Bermuda’s censuses involved person- toperson interviews only. In the 2010 Census, the D epartment of Statistics introduced telephone intervie wing as a data- collection method. And this year, Mr. Speaker, we are de lighted to introduce the primary and preferred method of online data collection. Again, we are encouraging all residents to take this opportunity and participate. We believe that the e- Census method is the quickest, easiest and most convenient method. Hous eholds were mailed letters on May 18, outlining the steps to follow for completing the e- Census. As an assurance, Mr. Speaker, l would like to tell honourable colleagues and the people of Bermuda that it is important that all information and data gathered from everyone is pr otected as outlined in the Statistics Act 2002. So all information collected is held in the strictest of conf idence. Lastly, Mr. Speaker, this is a significant n ational undertaking, and by law every individual in the community must be counted—everyone. Young and old, Bermudian, guest worker, every man, woman and child in every parish across the Island must be counted. So it is our civic duty to participate. During the last Census, we counted roughly 64,000 people. However, Mr. Speaker, it goes beyond just counting the numbers. Ultimately, it is about improving our quality of life, supporting our families, ensuring safer communities, and strengthening our workforce and economy. So again, Mr. Speaker, Census 2016 off icially starts tomorrow, May 21 st. Every resident has that unique opportunity to make a difference. And we need everyone’s help in shaping our community’s f uture. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Pr emier. The Chair will now recognise the Hon ourable Minister of Finance. Minister Bob Richards, you have the floor. 1726 20 May 2016 Official Hansard Report B ermuda House of Assembly UK PRIME MINISTER'S ANTI -CORRUPTION SUMMIT IN LONDON Hon. E. T. (Bob) Richards: …
All right. Thank you, Honourable Pr emier. The Chair will now recognise the Hon ourable Minister of Finance. Minister Bob Richards, you have the floor. 1726 20 May 2016 Official Hansard Report B ermuda House of Assembly UK PRIME MINISTER'S ANTI -CORRUPTION SUMMIT IN LONDON Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to report to this Honourable House my participation in the UK Prime Minister’s Anti- Corruption Summit . On Thursday, 12th of May, I attended and represented Bermuda to the UK’s Anti- Corruption Summit hosted by the Prime Minister, the Right Honourable David Cameron, held in London at Lancaster House. An invitation from the Prime Minister was extended to the Premier only a few days prior to the summit on the basis that Bermuda committed to the recently launched initiative for the Automatic Exchange of Beneficial Ownership Information, and I attended in his stead. I was accompanied by Ms. Kimberley Durrant, of our UK Office, and leaders of our fellow Overseas Territories and Crown Dependencies, who had also committed early to the joint initiative for a new global standard for automatic exchange. The summit brought together global leaders of G20 nations who are pivotal to the appropria te global system responses to prevent corruption, sharing best practice in this area, as well as other countries seek-ing to overcome corruption problems they face. Atten-dees also included leaders of international organis ations who play a central role to coordinate anti - corruption efforts globally. The attendees engaged in high-level dialogue to tackle corruption, to promote the rule of law and access to justice, to reduce illicit fina ncial flows, and to strengthen the recovery and return of stolen assets. It was important for the Bermuda delegation to demonstrate to the international community that Bermuda stands resolutely against corruption and supports international efforts to tackle corruption and r elated financial crimes. Mr. Speaker, you will note, in the wake of the two iterations of the now famous “Panama Papers,” that Bermuda has not been featured in dispatches. This is no accident. Bermuda’s long- established vetting and beneficial ownership tracking system is r esponsible for this. We believe that, as the world becomes more aware of this fact, the Bermuda financial services industry and the economy overall will be the beneficiary of a flight to quality . Mr. Speaker, in this new, evolving intern ational corporate climate, we must play our part to enhance company transparency, expose wrongdoing and disrupt illicit financial flows. The summit intr oduced a drive by G20 nations and international organisations to ensure the collection of accurate and timely beneficial ownership information, which is availa ble and fully accessible to the public. However, there were some countries, including Bermuda, who think that such information should only be shared with agencies that have a legitimate need for it, like international law enforcement and, of course, tax authorities. Despite this position, we made it unmistakably clear that Bermuda will adhere to the new standard when it is truly a global one —that is, when all nations, including those that have financial centres, commit to and actually implement it. Mr. Speaker, we made it clear that we do not support double standards that allow those dominant countries that make the rules to have lower standards than small countries that are required to abide by these rules. There must be a level playing field. Mr. Speaker, I am proud to state that Bermuda was the only jurisdiction at Lancaster House who had the proven experience to what was being discussed under a new standard of corporate transparency. Bermuda is far ahead of the curve. This is because Bermuda has long had a central -held benef icial ownership register, maintained by the Bermuda Monetary Authority, that is updated regularly. Our register enables us to keep our commitment of privacy to Bermuda’s customers, while simultaneously fully c ooperating with official government anti- crime agencies. It was our forefathers in the 1940s who established a vetting system and central register of benef icial ownership in order to protect our shores and our reputation. Mr. Speaker, when the Prime Minister stood alongside his colleagues at Lancaster House, inclu ding the US Secretary of State, John Kerry; President of the World Bank, Jim Yong Kim; and Managing D irector of the International Monetary Fund, Christine Lagarde, and stated (and I quote), “Some of our Overseas Territories and Crown Dependencies are actually ahead of others and should be given credit for that. We should thank them for the work they have done and look to them to help the rest of us move t owards a gold standard,” Mr. Speaker and Honourable Members, I have no doubt he was speaking about Bermuda. During this Government’s tenure, we have held consistent dialogue with Her Majesty’s Gover nment to brief them on Bermuda’s leading standards. While in London, I took the opportunity to hold a bilat-eral meeting with Financial Secretary to Her Majesty’s Treasury, David Gauke, as I have done on many other occasions. My message to Mr. Gauke was clear: The UK Government must differentiate Bermuda from other offshore financial jurisdictions, particularly other Overseas Territories, who have yet to attain intern ational standards, much less exceed them, as Bermuda does. Moreover, my message was that Bermuda provides a vital value proposition to the global econ-omy through our insurance and reinsurance industry. In this regard, I had the pleasure of participating in the official opening of the London office of one of Ber-muda’s newer reinsurance companies, Hamilton Re, a Bermuda company that is expanding globally.
Bermuda House of Assembly [Desk thumping]
Hon. E. T. (Bob) Richards: Mr. Speaker, this continuous messaging by Bermuda abroad, in London in particular, is vital to our national interests because we continue to be stereotyped and scapegoated by the British media and powerful NGOs, such as Christian Aid and Global Witness, with the support of G5 nations —primarily because they think we are a soft target, just a dot on the map. In fact, Bermuda ranks more favourably than the UK in the most recent F inancial Secrecy Index published by the Tax Justice Network; but that is conveniently ignored. Mr. Speaker, in conclusion, I applaud the technical officers in the Ministry of Finance and the Bermuda Monetary Authority, our staff in London, and our supporters in the industry for their continued ef-forts to defend Bermuda’s reputation on the intern ational st age. That international stage is where we earn our living as a country, so it is worth fighting for. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Minister. The Chair will now recognise the Honourable Minister for Finance for a second Statement. Minister. CONSOLIDATED FUND FINANCIAL STATEMENTS FOR THE YEAR ENDING MARCH 31, 2015 Hon. E. T. (Bob) Richards: Mr. Speaker, I am pleased to table audited financial statements relating to the Consolidated …
Thank you. Thank you, Minister. The Chair will now recognise the Honourable Minister for Finance for a second Statement. Minister.
CONSOLIDATED FUND FINANCIAL STATEMENTS FOR THE YEAR ENDING MARCH 31, 2015
Hon. E. T. (Bob) Richards: Mr. Speaker, I am pleased to table audited financial statements relating to the Consolidated Fund for the year ended March 31st, 2015 . As Honourable Members are aware, the Co nsolidated Fund is the general operating fund of the Bermuda Government and is the fund through which the government conducts the majority of its transactions. The Consolidated Fund financial statements report the financial position, operations, change in net debt and cash flows resulting from the activities of the government. This includes the accounts of the Senate, the House of Assembly, all government depar tments and offices, and all courts. Mr. Speaker, I am pleased to note that the annual accounts of the Consolidated Fund of the Government of Bermuda were given an unqualified audit opinion for the third consecutive year, following six years of qualified opinions. Despite the clean audit opinion, the Auditor General has, for the fifth consec utive year, included explanatory paragraphs as “othe r matters” which she deems appropriate. These other matters” relate to the following: 1) the increased level of the net debt and the need for the Government of Bermuda to take concerted action to address it; 2) ongoing incidents of non- compliance with the Bermuda Government’s Financial Instructions; and 3) the preparation of Summary Financial Stat ements for the Bermuda Government.
It is important to note that these explanatory paragraphs do not alter the Auditor General’s unqual ified opinion, but are highlighted matters. However, the Government shares the Auditor’s concerns in these areas and has already started to tackle these matters. For instance, Mr. Speaker, the Ministry of Finance has already put in place a three- year plan to eliminate the deficit and ultimately reduce the debt. Mr. Speaker, liabilities related to pension and other employee future benefits are included in the Net Debt amount disclosed in the Financial Statements, and the Government has already started to review these benefits to ensure their sustainability. Also, I can report that the Cabinet Office and Ministry of F inance have collaborated to develop an enhanced F inancial Instructions Training Programme. The key aim of this programme is to raise awareness and understanding of Financial Instruct ions with a view to pos itively impacting compliance and reporting. Mr. Speaker, with regard to the preparation of Summary Financial Statements for the Bermuda Government, the Ministry agrees there are benefits to i ssuing consolidated financial statements, and Members will recall that legislation was passed in 2014 to create the reporting entity under which summary statements will be prepared. While legislative changes are required to effect consolidated reporting, they are simply one as-pect of a complex approach that would be required to achieve this accounting objective. Accordingly, pr ogress is being made on this important initiative, but it should be emphasised that consideration must be given to resources, accounting systems, management roles and other f actors that are critical in the accomplishment of this task. Mr. Speaker, the sign- off date for the compl etion of the audit was April 25 th, 2016. The Ministry’s position is that the audited financials should be able to be completed within nine months of the March 31st year end, and [the Ministry] has instructed the A ccountant General to work diligently with the Office of the Auditor General and new Auditor General to address the issues causing delays in issuing the annual accounts for the Consolidated Fund. Some financial highlights of the 2014 [sic] Consolidated Fund Financial Statements are as follows: The total revenue raised by the Consolidated Fund for fiscal 2014/15 was approximately $903.7 million, representing an increase of $19.8 million, or 2.2 per cent, from the previous year’s total revenue of $883.9 million. This exceeded original budget est imates by approximately $2.0 million, or 0.2 per cent. The most significant generators of revenues for fiscal 2014/15 were Payroll Taxes, accounting for $326. 9 million, or 36.2 per cent of total revenue. That compares in the previous year to $330.9 million, or 1728 20 May 2016 Official Hansard Report
Bermuda House of Assembly 37.4 per cent. And Customs Duty, accounting for $171.5 million, or 19 per cent, compared to the prev ious year, which was $175.0 million, or 19.8 per cent . Total revenue on a modified cash basis (on the same basis that is shown in the Budget Book) was $880.4 million (that compares to $883.9 million for the prev ious year), which was $21.3 million less (in 2014, it was $12.7 [thousand more]) than original budget estimates. Current expenses for fiscal 2014/15 were $1.211 billion, compared to the previous year, which was $1.267 billion. 2014 excluded the effect of a net gain on the benefits plans’ amendments of $214.1 million, which had the effect of reducing total e xpenses to $1.053 billion for 2013/14. The 2013/14 net gain was primarily attributable to the elimination of the pensions’ cost -of-living adjustment. The three largest components of current expenses were employee costs, grants and contrib utions, and i nterest on debt. Total employee costs were $567.1 million, or 47 per cent of total expenses. And that compares to $594.8 million the previous year. Included in this amount is $144.3 of non- cash retir ement benefit expenses. Grants and contributions were $296.4 million, or 24.5 per cent of total expenses, and net interest on debt was $113.2 million, or 9.3 per cent of total expenses. Total current expenditure on a modified cash basis (which is the basis used in the Budget Book) was $1.094 billion, and that’s compared to the prev ious year of $1.118 billion, which was $12.7 million less than the original budget estimates of $1.107 bi llion. Mr. Speaker, total capital account cash expenditure was $49.8 million, which was $12.2 million lower than the original budget estimates. Total capital and current account cash expenditure for 2014/15 was $1.144 billion, which was $24.8 million, or 2.1 per cent, lower than the original budget estimate of $1.169 billion. The all -inclusive results from government operations (both current and capital) for the year ending March 31 st, 2015, were a deficit of $324 million. There are many noncash expenses included in this figure. If we strip those away, the modified cash all -inclusive results for the government, which is the same basis that we know in the Budget Book, shows a deficit of $263.8 million. This compares to a deficit of $267.3 million that was originally budgeted. Therefore, the actual overall deficit was down by $3.5 million, or 1.3 per cent, when compared to the original es timate. The decreased deficit is a result of better manage-ment of discretionary current and capital expenditures. Cash and cash equivalents at the end of Fiscal Year 2014/15 totalled $39.4 million, which was $17.6 million higher than the balance at the end of the previous year. Mr. Speaker, net public debt, which excludes guarantees and is net of the Government Borrowing Sinking Fund, increased by $281.2 million during the Fiscal Year 2014/15 and stood at $2.050 billion at the end of the year, representing a 15.9 per cent increase. There was no new borrowing in 2014/15. The 2014/15 deficit was financed by drawing funds from the Sinking Fund. As at March 31 st, 2015, the Sinking Fund balance was $135.7 million. The level of debt mentioned above is not only unsustainable, but economically and fiscally impr udent, and the Government has already committed to redouble its efforts and determination to eliminate the government deficit in three years, and eventually pay down our debt. Mr. Speaker, the statements of the Consol idated Fund provide valuable information on the finan-cial position of the Government, and I would encour-age the public to examine these statements. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will now r ecognise the Honourable and Learned Attorney General. T. G. Moniz, you have the floor. MODERNISATION OF THE LAW ON BRIBERY AND CORRUPTION Hon. Trevor G. Moniz: Thank you, Mr. Speaker. My first Statement is on the Modernisation of the Law on …
Thank you, Honourable Minister. The Chair will now r ecognise the Honourable and Learned Attorney General. T. G. Moniz, you have the floor.
MODERNISATION OF THE LAW ON BRIBERY AND CORRUPTION
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. My first Statement is on the Modernisation of the Law on Bribery and Corruption . Mr. Speaker, I wish to inform this Honourable House of Government’s intention to upd ate and modernise Bermuda’s laws relating to bribery and corru ption. Tackling these evils requires, first of all, an effective law on bribery and corruption. This we will do by bringing forward legislation which is based on the United Kingdom’s Bribery Ac t 2010, and by making various amendments aimed at combating corruption. Mr. Speaker, bribery and corruption are si mply wrong. The World Bank conservatively estimates that $1 trillion —$1 trillion— is paid in bribes each year. Far more money is wasted through embezzlement, theft and misuse of public funds. Former Secretary General, Kofi Annan, put the case succinctly in [2003] “Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of l aw, leads to viol ations of human rights, distorts markets, erodes the quality of life, and allows organised crime, terrorism and other threats to human security to flourish. This evil phenomenon is found in all countries big and small, rich and poor . . . Corruption hurts the poor di sproportionately by diverting funds intended for development, undermining a government’s ability to provide basic services, feeding inequality and injustice, and discouraging foreign aid and investment. Corruption is a key element in economic under -performance, and a
Bermuda House of Assembly major obstacle to poverty alleviation and development.” Mr. Speaker, bribery is therefore not a victi mless crime, and we must all do what we can to fight corruption, both nationally and internationally since the iss ue of tackling bribery is undoubtedly global. The OECD and a number of respected NGOs, among ot hers, have all been instrumental in securing an interna-tional consensus on the need to address bribery, which can be harmful in so many ways. Bermuda has made t remendous efforts in r ecent years to combat economic crime of all kinds, particularly in the field of money -laundering and terrorist financing. This is part of a multiagency and multi - partner strategy to maintain the Island’s status as a clean and reputabl e business jurisdiction. Mr. Speaker, while efforts have been made, significant gaps remain in our legislation and admini strative practices relating to bribery and corruption. Bermuda’s National Anti -Money Laundering and Anti - Terrorist Financing Strategy and Action Plan proposes that corruption and bribery laws be reformed in order to achieve compliance with international benchmarks. By enacting new legislation which is based on the i nternational gold standard of the UK’s Bribery Act of 2010, Bermuda is si gnalling to the rest of the world its serious intentions to meet and surpass the highest standards. Mr. Speaker, as in the UK, Bermuda’s corruption offences date back to the nineteenth century — that is, as in the UK before 2010. The UK and other jurisdictions have since moved on, and it is important that Bermuda do so as well. The UK Bribery Act 2010 was a response to very real problems with their former laws on corruption. Other small island jurisdictions have similarly moved to modernise their law, and we cannot be left behind. That the UK has moved from those former laws leads to a separate problem which is peculiar to Bermuda. As prosecutions based, in the UK, on the old corruption laws fade into memory, we will not stand to benefit from the developing case law in the UK through court decisions and appeals. In keeping our present offences, the Bermuda courts will have to be guided by stale precedents and a legal status quo frozen in time since 2010. So this highlights the importance of the new law. As th e years advance, this problem would become acute. Government’s proposed Bribery Act would provide a modern and comprehensive scheme of bribery offences, in order to allow investigators, prosecutors and the courts to tackle bribery effectively whether comm itted at home or overseas. The offences created will address both sides of the bribery equation, instead of the one- sided approach adopted by current corruption offences, which focus only on the recipients of the bribes. The Act will help to enhance Bermuda’s international reputation for the highest ethical standards. In summary, based on the UK Act, the pr oposed Bribery Act would create four offences: • one general offence of bribery covering the of-fering, promising or giving of a financial or other advant age; • a second general offence covering the r equesting, agreeing to receive or accepting of a financial or other advantage; • a third specific offence of bribing a foreign public official; and fourthly, • a new offence of failure by a commercial organisation to prevent bribery, although it is a defence if a commercial organisation can prove —on the balance of probabilities —that it had adequate procedures in place to prevent persons associated with it from bribing. The general offences would focus on either the c onduct of the person bribing another or the person being bribed, and identify six cases, each invol ving the improper performance of a function, where one or the other of these general offences would be committed. These general offences apply to functions of a public nature, as well as in a business or employment context. The offences of bribery of a foreign public off icial and failure to prevent bribery are specifically aimed at the use of bribery in commercial transactions and should help create a level p laying field for bus iness. The bribery of a foreign public official offence focuses on the use of bribery to influence the recipient in his or her official capacity and is closely modelled on the OECD Convention on Combating Bribery of Foreign Public Offic ials in International Business. The proposed Act would also allow for extraterritorial jurisdiction, which will enable the prosecution in Bermuda of bribery committed wholly or partly abroad by persons ordinarily resident in Bermuda, as well as Bermudians and Bermuda- registered corporate bodies. Mr. Speaker, any perusal of the UK Act will reveal that the offences are widely drawn. Bribery can take many different forms, and the legislation needs to take account of that. Furthermore, at the time of its passage, some expressed concern in the UK about hospitality or promotional expenditure of commercial organisations. The starting point is that these activities are not illegal, per se, and the Act is not intended to clamp down on legitimate expenditures of th is type. It is clear, however, that lavish hospitality and similar expenditure can be used as a bribe intended to induce a public official to award business. The Act must be capable of penalising such conduct. It will all depend on the particular circumst ances. In practice, I do not believe it will be difficult to distinguish what is bribery and what is not. But ult imately, of course, it will be a matter for the jury to decide. 1730 20 May 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, establishing the right culture within commercial organisations i s clearly of par amount importance in order to prevent bribery occurring in the first place. That is part of the operational good practice of businesses in any event, although the way in which that is disseminated will clearly d epend upon the size and natur e of the particular bus iness. For any commercial organisation that needs a bit of encouragement, however, there will be the fai lure to prevent bribery offence, which will be subject to a penalty of an unlimited fine. As I mentioned earlier, though, it is a defence if the company can prove that it had adequate procedures in place. It may simply be a rogue employee who is committing bribery. Mr. Speaker, the UK Act was recently incorp orated into the domestic law of Gibraltar in 2011 and the Isle of Man in 2013. Our small island competing jurisdictions are getting the message that this is an area that they need to act in, and so must Bermuda. What I would point out is that the Isle of Man’s legislation goes one step further than the UK Act and incorporates ne w duties of public officials to report instances of corruption to the police. Failure to report bribery , when under an obligation to do so, or interfering with such a duty, are very serious offences attrac ting very stiff penalties. These offences are expect ed to be included as part of the Bermuda Bribery Act. No longer will it be acceptable behaviour to turn a blind eye when corruption is seen or suspected in the public service. Mr. Speaker, in addition to updating the law of bribery, Government will also m ore generally propose amendments to Bermuda’s anti -corruption framework, comprising a range of other legislation. Preventative anti-corruption policies and practices will have to be in place, including enforceable codes of conduct for pu blic officials, in order to promote the highest standards of integrity, honesty and responsibility amongst public officials. Amendments to legislation and policies will also be considered in order to promote transparency, anti-corruption practices and integrity of accounting records in the areas of public procurement and public finances. Government will also bring into force amendments to mandate the rescission of contracts and the revocation of licences that are created as a result of corrupt practices. We will also look at amendments which empower National Authorities to appropriately cooperate with the private sector, or establish other relevant means of compliance, in the prevention, detection, investigation and prosecution of corruption offences. We have begun the proc ess of stakeholder consultation on a proposed new Bribery Act. The N ational Anti -Money Laundering Committee, based within the Ministry of Legal Affairs, has taken the lead in coordinating with stakeholders within the Gover nment. They have also published last week an inform a-tion paper on our proposed bribery and corruption legislation. Submissions concerning the proposed legisl ation are welcome no later than 31 st of May, and may be sent to the Office of the National Anti -Money Laundering Committee on the Fourth Floor of Global House on Church Street, or electronically to infoNAMLC@gov.bm . Once again f or the listening public, that is info hyphen NAMLC [all uppercase, all one word] @gov.bm. Mr. Speaker, Government is rightly proud of its efforts to modernise the law on bribery and corrup-tion to meet global standards. We look forward to continuing to upd ate this Honourable House and the people of Bermuda on all efforts in this regard. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, and I understand you have a second Statement? MODERNISATION OF THE LAW ON FRAUD Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. The second Statement is on Modernisation of the Law on Fraud . Mr. Speaker, I wish to inform this Honourable House of …
All right. Thank you, and I understand you have a second Statement?
MODERNISATION OF THE LAW ON FRAUD Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. The second Statement is on Modernisation of the Law on Fraud . Mr. Speaker, I wish to inform this Honourable House of Government’s intention to update and modernise Bermuda’s laws relating to fraud. As with tac kling bribery and corruption, responding effectively to fraud is a priority for Government. This we will do by bringing forward legislat ion which is based on the United Kingdom’s Fraud Act 2006. I am sure that Honourable Members will agree that fraud is something that we should not tolerate. As is the case with our parallel efforts to combat bribery and corruption, by updating and modernis ing the law on fraud in Bermuda, we are sending a strong signal to the rest of the world that economic crime of any kind will not be tolerated. Mr. Speaker, fraud is pres-ently prosecuted through a number of deception offences in the Criminal Code. These of fences were originally found in the UK’s Theft Acts of 1968 and 1978. They were only introduced in Bermuda in 2005. However, those amendments had the effect of narrowing the crime of fraud and of introducing a very technical approach to the law, which the UK itself was moving away from. The very next year, in 2006, those offences in the UK were repealed by the UK Fraud Act coming into force. As with that jurisdiction’s Bribery Act, the Fraud Act represents an international gold standard. Mr. Speaker, the former UK deception offences, which remain in Bermuda’s legislation, were long criticised in the UK. In 1997, the then- Solicitor General for England and Wales stated that “the modern sorts of commercial activity, and the modern methods by which dishonest act ivity may be effected make one constantly worried that the un- overhauled bus may not be able to cope.”
Bermuda House of Assembly In 1998, the then- UK Home Secretary asked the English Law Commission the following: as part of their programme of work on dishonesty, to examine the law on fraud, and in particular to consider whether it is readily comprehensible to juries, is adequate for effective prosecution, is fair to potential defendants, meets the need of developing technology including electronic means of transfer and to make recomm endations to improve the law in these respects with all due expedition —in making these recommendations, to consider whether a general offence of fraud would improve the criminal law. The Commission had already been considering reforming the law of fraud intermittently since the 1970s. The Commission produced a report in 2002 with accompanying specimen legislation which ult imately became the UK Fraud Act 2006. Honourable Members will recall that the Law Commission com-prises the best and brightest legal academics in En gland and Wales. As with bribery, we are fortunate to benefit from those efforts without having to re- tread much of the same ground. Mr. Speaker, the Law Commission made a number of criticisms about the previous deception offences then in force i n the UK and presently in force in Bermuda. They considered that a new Fraud Act containing a general offence of fraud would improve the criminal law. And, Mr. Speaker, I would say that we agree with that. I’m going to skip forward in the Statement, Mr. Speaker, to page 7. Mr. Speaker, as with bribery and corruption, the fact that the UK has moved from those former laws leads to a separate problem that if we do not modernise, the case law that we use in the United Kingdom will grow more and more out of dat e. We will not be able to enjoy the developing case law in the UK courts through court decisions and appeals. And this has already happened with fraud since 2006. For 10 years we have been using old precedents from the UK. It has now been 10 years since th e UK courts were actively considering deception offences, which we still use in Bermuda. Useful case law has not developed since, which compounds the police and prosecution’s difficulty to respond to technological advances. Mr. Speaker, Government’s propos ed Fraud Act would abolish the deception offences inherited from the UK. In their place, there would be a general offence of fraud together with four new specific of-fences —one of obtaining services dishonestly, two involving articles for use in fraud and one of participat-ing in fraudulent business. The Act will help to e nhance Bermuda’s international reputation for the highest ethical standards. The general offence of fraud would be committed where, with intent to make a gain or to cause loss or to expose another to the risk of loss, a person dishonestly (1) makes a false representation; (2) wrongfully fails to disclose information; or (3) abuses a position of trust. The offence of obtaining services dishonestly would be committed where a person by any dishonest act obtains services in r espect of which payment is required, with intent to avoid payment. Deception is not an essential element of the offence. It would therefore extend to the obtai ning of services by providing false information to computers and machines, which under the present law may not amount to any offence at all. The specific offence of possession of articles for use in fraud would be committed where a person has in their possession or under their control any art icle for use in the course of or in connection with any fraud. The offence of making or supplying articles for use in fraud would be committed where a person makes, adapts, supplies or offers to supply any article (1) knowing that it is designed or adapted for use in the course of fraud or in connection with fraud; or (2) intending that it be used to commit, or assist in the commission of, fraud. The offence of participating in a fraudulent business would be committed where a person is knowingly a party to a business with intent to defr aud any creditors and where that business would not be covered under similar offences in the Companies Act 1981. These specific offences would complement the general offence of fraud and would likely be charged as alterative counts in any information or i ndictment. Mr. Speaker, any perusal of the UK Act will reveal that the offences are widely drawn. Fraud can take many different forms, and any offence needs to take account of that. More importantly, technology continues to adapt and change rapidly. We must give the men and women of law enforcement the tools they need to combat this insidious form of economic crime. Our law must therefore be versatile. As with bribery, the UK’s Fraud Act represents an international gold standard to which Bermuda should aspir e. Government is rightly proud of its efforts to modernise the law on fraud. It is also proud of its efforts to promote Bermuda as a domicile of choice in which to do business. We look forward to continuing to update this Honourable House and the people of Bermuda on all efforts in this regard. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair is now going to recognise the Honourable Minister of Education. Minister Scott, you have the floor. SCHOOL FACILITY IMPROVEMENTS Hon. R . Wayne Scott: Thank you, Mr. Speaker. Good morning to everyone. 1732 20 May 2016 Official Hansard Report Bermuda House of Assembly Mr. …
Thank you, Honourable Member. The Chair is now going to recognise the Honourable Minister of Education. Minister Scott, you have the floor.
SCHOOL FACILITY IMPROVEMENTS
Hon. R . Wayne Scott: Thank you, Mr. Speaker. Good morning to everyone. 1732 20 May 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, recogni sing the importance of education, the Government believes that it is imper ative that our students experience school facilities that promote learning. Members of this House are aware of the School Reorganisation Advisory Committee’s Report of Findings and Recommendations (the SCORE r eport), which outlined a number of challenges with our school buildings. In support of transparency, earlier this year, I made that report public, and at that time also made a commitment to students, parents, educ ators and other stakeholders in the education comm unity t hat this Government takes concerns about safety and health seriously. I was both adamant and conf ident that we would make the investments needed in our school facilities. I am happy to provide members of this House with an update on the efforts undertaken both by the Department of Public Lands and Buildings within the Ministry of Public Works, and the Education Ministry’s Department of Education. These departments must work in a coordinated fashion, since both are required to support optimal school facilit ies. The Department of Public Lands and Buildings has responsibility for the maintenance and repair of some 30 government schools, including maintained preschools, primary and middle schools, whilst the Department of Education is responsible for minor work s for these same schools. Ensuring that schools are fit for purpose and provide a safe and healthy environment is an ongoing exercise throughout the year and is managed by teams from both departments. In respect of the buildings themselves, the Buildings Team from Public Lands and Buildings works closely with the Department of Education Facil ities Manager to develop a planned maintenance pr ogramme for each school by identifying and prioritising works based on health and safety defects, infrastructure needs and school operations. These works are determined after inspections take place in consultation with preschool administrators and principals, and are carefully planned to minimise disruption to school pr ogrammes. Many of our schools are dated and require extensive maintenance and repairs. They were designed and built for another era, one that did not env ision air conditioning, computers and smart boards. Most maintenance works cannot be completed when school is in session, for health and safety reasons and, frankly, because they would be highly disruptive to learning. The majority of the works are therefore planned for and completed when students and school staff are out on vacation, the longest period being the summer holidays, which begin at the end of June and run through to the beginning of September when the new school year begins. Mr. Speaker, for the Financial Year 2015/16, the summer maintenance project began in April, with crews inspecting and identifying maintenance and repair issues for each school. The scope of work for each school was then drawn up and agreed with the Facilities Manager from the Department of Education. The works were then planned to start as soon as the holidays begin. Works which were deemed not to pose a risk to staff or students were started before schools closed for the summer. In addition, summer works had to take into account and work around summer programmes that are run in some of the schools. The planned works were extensive and i nvolved seven work units with over 120 staff, including HVAC crews, electricians, plumbers, carpenters, m asons and painters. All staff of the Buildings Section of the Ministry were fully engaged in these works right through the summer. The scope of works and the tight timeframe required additi onal resources to assist with these pr ojects. As such, contracts were awarded to companies to paint the interior and exterior of several schools. And, Mr. Speaker, I won’t go through and read the whole list, but it is in the Statement. In addition, Public Lands and Buildings’ own crews painted an additio nal school , and o ver $1.1 million was spent on just painting the [interior and] exterior of some 10 schools alone. While $1.5 million of capital funds were budgeted for school works for the Fiscal Year 2015/16, a revised estimate increased this to $3.5 million as works got underway and the scope of works i ncreased. As the works were essential to ensure that the schools were open for the new school year, savings were made in other capital accounts. The goal was to ensure that critical works were completed b efore the start of the new school year and that no school would be unable to open for the new school year owing to maintenance issues. All schools had maintenance works done, some requiring more extensive wo rks than others. That goal was met thanks to the Buildings Team and the Facilities Management Team, who worked hard over the summer to ensure that schools were ready for the new year. In addition to the extensive works during the holidays, there is a full -time work crew of some 16 Public Lands and Buildings staff who work throughout the year carrying out maintenance and repairs on schools, with additional works contracted out to a v ariety of local contractors. They also respond to issues that arise on a da y-to-day basis, such as clogged to ilets, dripping faucets, et cetera. The school works project for the Fiscal Year 2016/17 is well underway. Departments from both the Ministries of Education and Public Works are continuing to coordinate their efforts in r esponse to findings within the SCORE report. I, along with the Acting Commissioner of Education, our Facilities Manager and each school principal (or designate) walked through each primary school to identify the priority works. Over the Easter break, crews worked overtime
Bermuda House of Assembly to hit as many of the target works as possible while our students were on break. The remainder of the works will be completed during the school year, where possible, and then in the summer holidays while the schools are vacant. Schools identified to be cleaned and painted internally and externally this year include: • Devonshire and Warwick Preschools; • St. David’s Primary School; • Victor Scott Primary School; • West End Primary School; • Elliot Primary School; • Purvis Primary School.
Government sc hools continue to be a priority for the Government and within both the Ministries of Education and Public Works. The Department of Public Lands and Buildings will continue to work closely with the Facilities Management Team at the Depar tment of Education t o not only continue with the planned maintenance programme, but to identify and remediate any health and safety issues that may arise. It is anticipated that over $3 million will be spent this fiscal year by the Ministry of Public Works on government schools’ maintenance and repair. Mr. Speaker, when I first released the SCORE report, I made it clear that I was interested in looking forward—to solutions and progress. The information I have provided here today, on behalf of myself and the Minister of Publi c Works, is evidence of this progress. However, I also think it is important for parents, ed ucators and other stakeholders of our education system to be engaged in the process of improving our school facilities. That is why school principals of maintained primary and middle schools are informing their par-ents and staff of the works that will be completed for their schools. To take that further, I will ensure that the entire schedule of works on schools be publicly avai lable on our website — www.moed.bm —and be updated regularly. While this may seem like a simple thing, it is an opportunity for parents and educators to see what is being done and when. And in turn they can, if need be, remind us of the commitments that we have m ade to our children, parents and school staff. By working together, we are improving our school facilities to ensure that our children receive a quality education, in facilities that promote optimal learning. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right . Thank you, Minister. The Chair will now recognise the Minister for Economic Development. Dr. Grant Gibbons, you have the floor. ANNUAL REPORT OF THE REGULATORY A UTHORITY OF BERMUDA ACTIVITIES AND A U-DITED FINANCIALS FOR THE PERIOD JANUARY – MARCH 2014 Dr. the Hon. E. Grant Gibbons: …
All right . Thank you, Minister. The Chair will now recognise the Minister for Economic Development. Dr. Grant Gibbons, you have the floor.
ANNUAL REPORT OF THE REGULATORY A UTHORITY OF BERMUDA ACTIVITIES AND A U-DITED FINANCIALS FOR THE PERIOD JANUARY – MARCH 2014
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, as the Minister responsible for telecommunications under the Regulatory Authority Act 2011, I was pleased to table in this Honourable House the Annual Report of the Regulatory Authority of Bermuda for the period January 2013 to March 2014. Mr. Speaker, the Regulatory Authority (or RA, as it is often called) is required under Section 47(1) of the Regulatory Authority Act to prepare and deliver to the Minister responsible for a regulated industry sector, in this case, Telecommunications, a report on the operations of the Authority during the preceding financial year, including a discussion of, first, the major activities undertaken; second, any significant deviations from the work plan adopted by the Authority; third, the results achieved; and four th, a copy of the annual f inancial statements of the Authority certified by the auditor, in this case, the Auditor General. Mr. Speaker, the Annual Report of the Regulatory Authority for the year ended March 31 st, 2014, has been prepared in accordance with the Act. This report is the first Annual Report of the Authority’s ac-tivities and covers the first 15 months of its operation. The report documents the decisions made, the measures taken and the outcomes achieved by the Regul atory Authority during this period. Mr. Speaker, during its first 15 months, the Authority focused on the follo wing strategic objectives: 1. institutional capacity building; 2. completion of the transition from the regul atory regime under the Telecommunications Act of 1986; 3. promotion of sust ainable competition; 4. consumer protection; 5. efficient use of scarce resources; and 6. promoting Bermudian employment and Ber-mudian ownership.
Mr. Speaker, in addition to the three Commi ssioners and the Chief Executive, the Authority had a complement of six tec hnical and administrative staff as at March 31 st, 2014. The four members of the civil service who were seconded to the RA during its i nfancy were hired on a full -time basis in September of 2013. These included the Chief Technical Officer, the Customer/Carr ier Relations Officer, the Licensing Clerk and the Business Manager. In addition to these four, the RA also filled the positions of Market Analyst and Legal Advisor in September and October 2013, respectively. Mr. Speaker, with respect to the general state of Bermuda’s telecommunications sector, the market data collected by the RA indicated that there were significant changes within the framework of the sector. Within the first year of operation of the RA, Bermuda 1734 20 May 2016 Official Hansard Report
Bermuda House of Assembly saw increased competition within the Intern et service provider market (the ISP market, that is), and a si gnificant decline in prices. New entrants in the ISP market also led to a shift in the way the market was shared. The industry also experienced a shift from fixed telephone services to mobile services, and saw an increased demand for both mobile and fixed broadband. Over -the-top alternatives to subscription television or the delivery of audio/video and other m edia over the Internet increased the demand for home Internet at increasingly higher speeds and played a role in the declining subscription rates in Pay TV. The mobile sector also saw an overall i ncrease in subscriptions in 2013 and experienced a slight increase in outgoing calls, but realised a signif icant decrease in text messages during 20 13. Mr. Speaker, I would now like to provide Honourable Members with an overview of the telecomm unications market in Bermuda as detailed in the report. Firstly, mobile: The distribution of market share for mobile subscriptions remained somewhat evenly div ided between CellOne and Digicel. CellOne gained a small portion of overall market share throughout 2013 and into 2014, increasing its subscriber base from 49 per cent at the end of the first quarter [Q1] 2013 to 52 per cent in Q4 of 2013. CellOne’s increase accounts for the loss of market share experienced by Digicel, which d ecreased by 3 per cent, resulting in a 48 per cent market share in the fourth quarter of 2013. Internet: The number of Internet subscribers totalled 20,356, an increase of 572 during 2 013, or a 3 per cent growth from Q1 to Q4. Broadband: The market share for broadband access also remained relatively evenly divided, with BTC [Bermuda Telephone Company] holding a slight lead for 2013, with 54 per cent of total broadband access subscribers. Logic remained the lead broadband service provider throughout 2013, although its est imated market share had declined in every quarter. Subscription Pay TV: Total Pay TV subscri bers have declined in each quarter of 2013. In terms of market share by carrier, both WOW [World on Wir eless] and Cablevision’s market share remained u nchanged during 2013. In terms of average revenues per user, aside from mobile service, the average revenue per user (or ARPU) remained relatively equal throughout 2013. Mobile ARPU i ncreased by $64.67 per quarter over 2013, resulting in its highest increase in Q3, with a total increase in ARPU of $107.35. Broadband access experienced a slight increase from Q1 to Q4, a total of $8.29 in ARPU per quarter. Although the sector experienced substantial price decreases, which should have led to a decline in ARPU, the trend of customers to move to higher broadband speed subscriptions accounted for an increase in that ARPU amount. Fixed telephone ARPU remained relatively unchanged, i n-creasing only $0.92 from Q1 to Q4. The ARPU, or average revenue per user, for Pay TV declined by $1.23. Spectrum: On April 29, 2013, the Regulatory Authority issued the new Integrated Communications Operating Licences (or ICOLs), together with the associated spectrum licences that were issued on an interim basis and scheduled to expire on October 29 th, 2014. These interim licences were designed to be replaced with full -term licences once the Authority had completed its spectrum allocation exercise. As part of its rem it to manage spectrum in an efficient manner and keep Bermuda in line with the International Tel ecommunications Union (ITU) recommendations that the 700 MHz band be utilised for mobile services by 2015, the RA initiated a consultation on January 31 st, 2014 , called World on Wireless 700 MHz Spectrum Proposal . This consultation was designed to solicit feedback on reclaiming the 700 MHz spectrum that had been assigned to World on Wireless (or WOW) and reallocate it to the mobile service providers. And lastly, consumer protection: The Regul atory Authority embarked on a Consumer Protection, Education and Awareness strategy as part of its 2014 work plan. Mr. Speaker, the approved operating and capital budgets for the period January 28, 2013, to March 31, 2014, wer e $3.9 million and $353,100, r espectively. During this period, the actual operating and capital expenditures for the period were less than the budgeted allocations by $811,423 (or 21 per cent less) and $264,219 (or 75 per cent less), respectively. In addit ion, the actual revenues of $3.7 million exceeded projected revenues by $155,558 (or a 4 per cent increase). As the Authority was in a start -up phase at the time the budget was being prepared, it was difficult to accurately predict the expected expenditure and rev enue in the Authority’s first period of operations. Finally, Mr. Speaker, in any year in which the Authority rea lises a net surplus, the Authority, after recouping any net losses and contributing to the reserve fund purs uant to the Act, is required to transfer the remaining surplus to the Consolidated Fund. Accordingly, the distribution to the Consolidated Fund for the January 2013 to March 2014 period was $303,988. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Honourable Minister for Social Development and Sports. Minister Sylvan Richards, you have the floor. HERITAGE MONTH AND BERMUDA DAY 2016 Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker, and good morning. Bermuda House of Assembly Mr. Speaker, it gives me …
Thank you, Minister. The Chair will now recognise the Honourable Minister for Social Development and Sports. Minister Sylvan Richards, you have the floor.
HERITAGE MONTH AND BERMUDA DAY 2016 Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker, and good morning.
Bermuda House of Assembly Mr. Speaker, it gives me great pleasure to share with Honourable Members and with the people of Bermuda information about our exciting Heritage Month activities. The theme this year is A Tapestry of Cultures . The Department of Community and Cultural Affairs, supported by committed members of the Her itage Advisory Committee, has delivered a meaningful theme that reflects on the interconnection of cultural influences that make up the dynamic tapestry of Bermuda's people. Mr. Speaker, this Heritage Month, we have celebrated the diversity of Bermuda with cultural influences spanning the globe, including British, Afr ican, Caribbean, Native American, Portuguese, Sco ttish, Filipino, Latino and many others. As Bermudians, we remain fiercely proud of our roots, while recognising other nationalities as part of our cultural mosaic, with signature Bermudian hos-pitality. In this way, our distin ctly Bermudian national identity forms a cultural base which is enriched by the many disparate cultural influences that weave across the tapestry. Mr. Speaker, allow me to mention a few of the events that have already taken place. We began our Heritage cel ebrations in late April with several tr emendous performances by Up With People, with young people representing cultures from across the world, including Bermudian Zachary Kawaley Lathan. The Portuguese community celebrated their colourful Santo Cristo fest ival with 40 visiting Port uguese musicians on April 30 th and May 1st. Then on May 1st, Ruth E. Thomas and Company presented Mosaic 87 on the history of Warwick and the Cobbs Hill Methodist Church, and I would like to commend Ms. Thomas and Company for such an entertaining historical presentation. Mr. Speaker, on May 4th and 5th, the Bermudian Heartbeats events, organised by the Folklife Officer in the Department of Community and Cultural Affairs, featured two Bermudian scholars in a presentation and discuss ion panel on Bermuda’s linguistic heritage. On May 5 th and 6th, the Department of Community and Cultural Affairs organised a Senior Citizens Arts and Crafts Show at the Peace Lutheran Church. I would like to thank all of the artists and se niors whose creat ive works were on display. On May 12th, there was a screening of a hi storic film, Jane, that focused on the story of canniba lism in Jamestown and a lively discussion with visiting historian David Givens about the significant role that Bermuda played in ens uring that settlers in Jamestown did not all starve. Mr. Speaker, last Sunday, May 15 th, I was privileged to attend the Heritage Month Cultural Showcase in Dockyard, a joint par tnership between the Department of Community and Cultural Affairs and the West End Development Corporation. There was a fantastic line- up of talented m usicians, dancers, cultural groups and vendors for a family fun day that showcased a very diverse range of talents and Bermudian influences. I would like to thank all those who partici pated and worked on the event, particularly Eugene Dean of Startime Entertainment, and Kristin White, who was a very energetic host for the showcase. Mr. Speaker, events that are upcoming in the Heritage Month calendar include a week -long events series to celebrate the launch of the Chewstick Culture Hub at 81 Front Street. The Department of Co mmunity and Cultural Affairs is proud to sponsor these events, including a reggae concert on May 25 th, an Arts and Culture panel discussion on May 26th, a live band n ight on May 27th, a griot session concert featuring internationally acclaimed Bermudian artist Mishka on May 28th, and the famous Chewstick Open Mic Night on May 29th, with a special Heritage theme. D etails of each of these events can be found on www.chewstick.org . Mr. Speaker, Heritage Month’s most cel ebrated event is the Bermuda Day Parade, which w ill take place on Tuesday, May 25th, starting at 1:30 pm. The Bermuda Day Parade will move along Marsh Folly Road and continue right through to the top of Cedar Avenue. The parade then turns left onto Church Street, takes a right down Court Street, a right along Front Street, and finally up Queen Street. Groups will be able to give a final performance in front of Wesley Square on Church Street. Large trucks will turn left onto Church Street and continue west. Floats will make a right turn onto Church Street , park in front of City Hall and remain there on display throughout the afternoon. Mr. Speaker, we love the pulsating rhythms of the Gombeys, the exquisitely crafted floats, the prec ision of the majorettes, the electrifying movements of the dance groups, and the pageantry of the parade led by our very own Royal Bermuda Regiment Band. Mr. Speaker, this year the Department of Community and Cultural Affairs is asking that me mbers of the public share their favourite holiday m oments on social media by using the hashtags #BermudaDay and #BermudaCulture. We invite the public to also follow the department on Facebook, Twitter, and Instagram at @BermudaCulture to see highlights of the events. Mr. Speaker, for members of the public who are not able to attend on the si delines and cheer their favourite participants, I am pleased to inform everyone that CITV will be streaming live TV coverage of the Bermuda Day Parade. Our hosts will be Keevil “The Captain” Burgess and Tina Evans -Caines of DCI [Department of Communication and Information]. Finally, Mr. Speaker, I would like to express my gratitude and appreciation to all of our cultural i ndustry partners who continue to work collaboratively with the Department of Community and Cultural A ffairs to make Heritage Month and Bermuda Day so successful. I am grateful to all of the participants, the members of the Heritage Advisory Committee, the Bermudian Heartbeats Committee, the Royal Ber1736 20 May 2016 Official Hansard Report
Bermuda House of Assembly muda Regiment, the Bermuda Police Service, the D epartment of Corrections and the Corporation of Hami lton. Mr. Speaker, I would especially like to thank the staff of the Department of Community and Cultural Affairs for organising the Bermuda Day Parade and Heritage Month festivities. Our new Cultural Affairs Programme Manager, Ms. Carlita Lodge, has worked with great gusto, enthusiasm, resourcefulness and creativity to ensure a successful array of Heritage Month events. I am also very grateful for the conti nued sterling support that the Department of Comm unity and Cultural Affairs continues to receive from the Department of Communication and Information. Mr. Speaker, I would also like to take this time to wish all of Bermuda’s residents an enjoyable and safe Bermuda Day Holiday, which this year will be celebrated on Tuesday, May 24 th, 2016. While enjo ying the festive mood and celebrations during the hol iday, I encourage everyone to display courtesy and respect to your fellow residents and to visitors. Our Island home has become famous for such displays of hospitality over the years. Thank you, Mr. Speaker.
ANNOUNCEMENT BY THE SPEAKER
HOUSE VISITOR
The SpeakerThe SpeakerAll right. Thank you, Minister. I think that brings to an end the Ministerial Statements, which means that we move now to Question Period. And just before we start Question Period, I want to just take a second to recognise the father -inlaw of the Opposition Leader, who is from …
All right. Thank you, Minister. I think that brings to an end the Ministerial Statements, which means that we move now to Question Period. And just before we start Question Period, I want to just take a second to recognise the father -inlaw of the Opposition Leader, who is from Monterey, California, Mr. Sanford Chambers, who is in the House. Welcome to Bermuda, sir. [Desk thumping]
The Clerk: Reports of Committees.
The SpeakerThe SpeakerNo, no. We have questions first. I think you’re rushing, Ms. Wolffe. The Clerk: I’m right.
The SpeakerThe SpeakerYou’re right? Yes, Reports of Commi ttees, you’re right. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerIt is hot this morni ng. [Laughter]
The SpeakerThe SpeakerAll right. Thank you very much. We move now into the Question Period. And first on the Order Paper we have the Honourable Member E. D. G. Burt, who has a question for the Premier.
The SpeakerThe SpeakerGood morning. QUESTION 1: CODE OF PRACTICE FOR PROJECT MANAGEMENT AND PROCUREMENT
Mr. E. David BurtMr. Speaker, I have a question for the Honourable Premier. The question is as follows: In the 2015 Throne Speech, the Government stated the following: “ In keeping with its commitment to inc rease levels of openness, transparency and financial accountability, the Government will introduce new regulations for the awarding …
Mr. Speaker, I have a question for the Honourable Premier. The question is as follows: In the 2015 Throne Speech, the Government stated the following: “ In keeping with its commitment to inc rease levels of openness, transparency and financial accountability, the Government will introduce new regulations for the awarding of contracts. The regulations, which contain a ‘Code of Practice for Pr oject Management and Pr ocurement,’ will apply to all public authorities in the procurement of goods, services and works for the government. Before the regulations are tabled, and before the end of 2015, the Code will be made avai lable to the public on the Office of Project Manag ement and Procurement’s website at www.opmp.gov.bm .” Mr. Speaker, my questi on to the Honourable Premier is, would the Honourable Premier please advise this Honourable House when the Code of Prac-tice for Project Management and Procurement will be made available to the public via the Internet?
The SpeakerThe SpeakerHonourable Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Thanks to the Honourable Member. The answer: The Code of Practice for Project Management and Procurement has been completed, including all relevant internal consultation. It is antic ipated that the Code will b e considered by the Cabinet very shortly …
Honourable Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Thanks to the Honourable Member. The answer: The Code of Practice for Project Management and Procurement has been completed, including all relevant internal consultation. It is antic ipated that the Code will b e considered by the Cabinet very shortly and immediately thereafter made public and placed on the government portal.
The SpeakerThe SpeakerThank you. Do you have a supplementary, Honourable Member? SUPPLEMENTARIES
Mr. E. David BurtYes, Mr. Speaker, my suppleme ntary is very clear —I’m sorry. My supplementary is this,
Mr. SpeakerThe Government was very clear in its Throne Speech that said that they would publish this document before the end of 2015. Bermuda House of Assembly Can the Honourable Premier please state, what is the delay, especially in light of the recent statements that the Premier has made that his …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, the delay is simple in that the consultation has taken longer than we expected from the various government depar tments. We wanted to make sure we got it right, and we have moved forward on that.
The SpeakerThe SpeakerThank you. Yes, the Chair will recognise . . . You have a supplementary, sir?
Mr. Walter H. RobanCan the Minister inform this Honourable House when was that report actually fi nished? When was it finished?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I can’t inform the Honourable Member of the exact date, because I would have to go research that. But th e report has been completed before the consultation went out. The consultation period was the extended period that was required.
The SpeakerThe SpeakerThank you, Honourable Premier. The Chair will recognise now the Honourable Member from constituency 15 MP Roban, yes. You have a supplementary?
Mr. Walter H. RobanYes, supplementary, Mr. Speaker. Would the Premier not agree that, in light of the fact that they have not met the date set in the Throne Speech as to when they would have this available for the publi c view on the Internet, that it would have been more appropriate …
Yes, supplementary, Mr. Speaker. Would the Premier not agree that, in light of the fact that they have not met the date set in the Throne Speech as to when they would have this available for the publi c view on the Internet, that it would have been more appropriate to have come to this House to report that there was going to be a d elay, and to give us more precise direction as to when they were going to be publishing this particular Code, Regulation?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, I would not agree with that, Mr. Speaker. But what I can assure honourable colleagues is that the Office of Project Management and Procurement has continued to do the work that is expected during this peri od of time.
The SpeakerThe SpeakerAll right. Thank you, Premier. The Chair will recognise MP Roban again.
Mr. Walter H. RobanSecond supplementary. In light of the Premier’s answer, would not have a more prudent approach of reporting that there would be a dela y be in keeping with the commitment as it said in its Throne Speech to levels of transparency and openness and financial accountability?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I think I answered that in the first question.
The SpeakerThe SpeakerRight. Hon. Michael H. Dunkley: I don’t agree with that assumption.
The SpeakerThe SpeakerThank you, Premier. The Chair will recognise the Honourable and Learned Member from constituency 35 [sic], MP M ichael Scott. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker —
The SpeakerThe SpeakerSupplementary? Hon. Michael J. Scott: Supplementary to the point on consultation. Mr. Speaker, will the Premier agree that the consultation candidates are, by and large, civil servants? And is not 2015 to today more than enough time for the consultation of civil servants, to whom these regulations apply, inexcusable? Is …
Supplementary?
Hon. Michael J. Scott: Supplementary to the point on consultation. Mr. Speaker, will the Premier agree that the consultation candidates are, by and large, civil servants? And is not 2015 to today more than enough time for the consultation of civil servants, to whom these regulations apply, inexcusable? Is the delay inexcusable when the stakeholders are this small body of our civil servants?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, I disagree, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. The Chair will recognise MP Furbert. Yes. Hon. Wayne L. Furbert: Mr. Speaker, will the Ho nourable Premier at least tell us whether the regulation was finished before the Throne Speech was read in 2015? Hon. Mi chael H. Dunkley: Mr. Speaker, as I r esponded in …
Thank you, Premier. The Chair will recognise MP Furbert. Yes. Hon. Wayne L. Furbert: Mr. Speaker, will the Ho nourable Premier at least tell us whether the regulation was finished before the Throne Speech was read in 2015?
Hon. Mi chael H. Dunkley: Mr. Speaker, as I r esponded in an earlier answer to the honourable colleague, I would have to go back and look at exact dates so I did not inform the Parliament with an incorrect answer.
The SpeakerThe SpeakerRight. Right. Thank you, sir. The Chair will recognise MP Commissiong, from constituency 21. 1738 20 May 2016 Official Hansard Report Bermuda House of Assembly Mr. Rolfe Commissiong: Thank you, Mr. Speaker. Mr. Speaker, does the Premier now anticipate that, with the culmination of the processes outlined here, the Office …
Right. Right. Thank you, sir. The Chair will recognise MP Commissiong, from constituency 21. 1738 20 May 2016 Official Hansard Report
Bermuda House of Assembly Mr. Rolfe Commissiong: Thank you, Mr. Speaker. Mr. Speaker, does the Premier now anticipate that, with the culmination of the processes outlined here, the Office of Project Management and Procur ement will have a role with respect to the redevelopment of the airport?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Honourable Member, can you repeat the question again?
Mr. Rolfe CommissiongGladly, sir. With respect to the culmination of the processes outlined here, does the Honourable Premier anticipate that the Office of Project Management and Procurement will have a role to play in the redevelop-ment of the airport?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Yes, sir.
Mr. Rolfe CommissiongAnd what does the Premier anticipate that role will be? Hon. Michael H. Dunkley: I’m happy to supply the Honourable Member with some full details of what the office does. And I will br ing that back to the Honourable Member if he is interested.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 35. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, the Premier, your last response in reference to the question from my colleague in r egard to what role would the Procurement Office play in the …
Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 35.
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, the Premier, your last response in reference to the question from my colleague in r egard to what role would the Procurement Office play in the airport project, if in playing that role, the Procur ement Office finds faults in the process, do you antic ipate actions as a result of that, actions taken to clarify those faults?
The SpeakerThe SpeakerIt is a hypothetical question, Honourable Member.
Some Hon. Members Some Hon. MembersYes. Hon. Dennis P. Lister: I’ll rephrase it for you, Mr. Speaker. In doing its business, the Procurement Office, in doing its business of following the new code of pr ocedures, and there are issues that come to light that should not have, following different procedural processes, will the Procurement …
Yes.
Hon. Dennis P. Lister: I’ll rephrase it for you, Mr. Speaker. In doing its business, the Procurement Office, in doing its business of following the new code of pr ocedures, and there are issues that come to light that should not have, following different procedural processes, will the Procurement Office have the ability to act, had that come through its door in the correct process from the beginning? Hon. Michael H. Dunkley: Mr. Speaker, this Government takes the advice of that office to heart, and we will continue to do that through every process.
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, my second supplementary is this: The Honourable Premier in an earlier answer said that he cannot state exactly when this was fi nished. Will the Honourable Premier please undertake to bring back to this House the date that the Office of Project …
Thank you very much, Mr. Speaker. Mr. Speaker, my second supplementary is this: The Honourable Premier in an earlier answer said that he cannot state exactly when this was fi nished. Will the Honourable Premier please undertake to bring back to this House the date that the Office of Project Management and Procurement completed— the Director of the Office of Project Management and Procurement completed the Code of Practice for Pr ocurement and Project Management that was mentioned in his Throne Speech in 2015? He said he does not know the date—
The SpeakerThe SpeakerAll right. Thank you. Premier.
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, just to be correct, I did not say I cannot. I said I would not because I wanted to be accurate. There is a big difference there. And I already gave the commitment, and I will follow through on that commitment.
The SpeakerThe SpeakerThank you. All right. Thank you, Honourable Members. The second question, I thi nk, Honourable Member Burt, has been taken care of, I think, in the Ministerial Statement that was made this morning. The Honourable L. C. Cannonier was to pr ovide written answers to written Parliamentary Questions from the …
Thank you. All right. Thank you, Honourable Members. The second question, I thi nk, Honourable Member Burt, has been taken care of, I think, in the Ministerial Statement that was made this morning. The Honourable L. C. Cannonier was to pr ovide written answers to written Parliamentary Questions from the Honourable D. P. Lister. I assume that, M. P. Lister, you have those answers?
Hon. Dennis P. Lister: Yes.
The SpeakerThe SpeakerAdditionally, the Honourable Patricia Gordon- Pamplin was to provide answers to written Parliamentary Questions from Mr. W. H. Roban, from constituency 15. You have those? Thank you. Bermuda House of Assembly We now move to the Statements, Questions on Statements. We start with the first Statement, by the Honourable Premier. …
Additionally, the Honourable Patricia Gordon- Pamplin was to provide answers to written Parliamentary Questions from Mr. W. H. Roban, from constituency 15. You have those? Thank you.
Bermuda House of Assembly We now move to the Statements, Questions on Statements. We start with the first Statement, by the Honourable Premier. And the Chair will first recognise the Honourable Acting Leader of the Oppos ition, MP Burt, fr om constituency 18.
[Pause]
The SpeakerThe SpeakerHonourable Member Burt, do you have a question? [Inaudible interjections]
The SpeakerThe SpeakerYou requested to be able to ask a question of the Premier with regard to the Azores. [Inaudible interjection]
Mr. E. David BurtMr. Speaker, I defer to the Honourable Member from constituency 17.
The SpeakerThe SpeakerAll right. The Chair will then recognise the Honourable Member from constituency 17. MP Walton Brown, you have the floor. QUESTION 1: OFFICIAL VISIT TO THE AUTON OMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. Walton BrownThank you, Mr. Speaker, and good afternoon, colleagues. Mr. Speaker, my first question for the Honourable Premier is, other than the possibility of direct ai rline routes to Bermuda from the Azores, did the Go vernment delegation identify any other concrete initi atives or projects that could be developed between …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Yes, I alluded to some of those in the stat ement. But for further edification, there were some i ssues such as the ability of Bermudians to use their Bermuda driver’s licence while in the Azores. That matter will be discussed …
Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Yes, I alluded to some of those in the stat ement. But for further edification, there were some i ssues such as the ability of Bermudians to use their Bermuda driver’s licence while in the Azores. That matter will be discussed with them.
[Inaudible interjection]
Hon. Michae l H. Dunkley: Honourable Members, I’m happy to answer your questions, but if you want to interpolate, I cannot answer two things at one time.
The SpeakerThe SpeakerYes, let’s —yes. Hon. Michael H. Dunkley: The issue that we have with our oceans around us was discussed, and a closer relationship with their University of the Azores and their research centre there was discussed. So there were a number of various things that we believe will have the …
The SpeakerThe SpeakerYes. MP Roban. SUPPLEMENTARIES
Mr. Walter H. RobanThank you, Mr. Speaker. The Honourable Premier spoke just now about other areas of opportunity. Was there any ide ntified of an economic nature that might inspire some level of trade between the Azores and Bermuda, ide ntified?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Yes. One area, Mr. Speaker, is in the conversation about airline routes. If we have those airline routes, then we can significantly increase trade.
The SpeakerThe SpeakerThank you, Premier. Yes, MP Roban.
Mr. Walter H. RobanSecond supplementary. In light of that answer, does the Premier have any information on what is the current level of trade of goods and services coming directly from the Azores to Bermuda? Is there an y information as to what that amount is and what that value is at this …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: I’m happy to provide acc urate details to the Honourable Member at a later date.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Pr emier. The Chair will recognise now MP Walton Brown for your second question.
The SpeakerThe SpeakerYes. 1740 20 May 2016 Official Hansard Report Bermuda House of Assembly QUESTION 2: OFFICIAL VISIT TO THE AUTONOMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. W alton BrownCan the Honourable Premier advise this House whether or not the Bermuda Gover nment was required to secure UK permission to undertake that, effectively, state trip?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Not permission for the trip. But the MOU was reviewed in advance.
The SpeakerThe SpeakerAll right. Yes. QUESTION 3: OFFICIAL VISIT TO THE AUTONOMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. Walton BrownSo the MOU was actually r equired to have the approval of the UK Government. Can the Premier confirm that?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Yes, Mr. Speaker. We made sure that, after the initial discussions on the MOU last summer, in June, that we made sure we kept Government House aware of the discussions we were having, going forward.
The SpeakerThe SpeakerOkay. Carry on. QUESTION 1: OFFICIAL VISIT TO THE AUTONOMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. Rolfe CommissiongMr. Speaker, thank you. Mr. Speaker, for the Premier, it has not gone unnoticed that the Premier touted, this morning, I should say, the fact that the Azorean Government has established a technology centre, or park, to such an extent that he looked to adopt probably t hat idea for …
Mr. Speaker, thank you. Mr. Speaker, for the Premier, it has not gone unnoticed that the Premier touted, this morning, I should say, the fact that the Azorean Government has established a technology centre, or park, to such an extent that he looked to adopt probably t hat idea for his own Government. The question is as follows: Is he not aware that the Progressive Labour Party Government over the last two years, in successful Throne Speeches and responses to the Budget, has also put forward an idea that would see us es tablish a technology incubator in Bermuda that would form part of our diversific ation and economic revitalisation plan? Thank you.
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Yes, Mr. Speaker, I am aware. And I am aware that when the former Gov-ernment was there for 14 years, we did not see much of an action on it.
Mr. Rolfe CommissiongMr. Speaker, is the gulf between this side of the aisle and the other wider than the geographic gulf between ourselves and the Azores? They had to go that far to get the idea that was staring them right in the face?
The SpeakerThe SpeakerPremier. Bermuda House of Assembly Hon. Michael H. Dunkley: Mr. Speaker, there is no comment on that question; that is an observation, which I do not agree with.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Member from constituency 6. You have a supplementary? Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I have to ask this question. The Premier mentioned that they agreed that Bermudians can use their driver’s licence in the Azores. Can Azoreans use …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I think the Honourable Member is well aware that the use of overseas visitors to our Island and driver’s licence to use cars is not prohibited at this point. So I’m just tr ying to figure out the reason behind that [question] .
The SpeakerThe SpeakerAll right. Thank you. Thank you very much. The Chair will recognise . . . I had actually MP Roban. [Inaudible interjection]
The SpeakerThe SpeakerSorry? You have a supplementary? [Inaudible interjection]
The SpeakerThe SpeakerA question, yes. All right. Come on, please, Honourable Member Roban, from constit uency 15. QUESTION 1: OFFICIAL VISIT TO THE AUTONOMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. Walter H. RobanThank you, Mr. Speaker. Question t o the Honourable Premier: Does this Memorandum of Understanding have any alignment or bring any relevance . . . Well, I’ll just say, does it bring any alignment or does it bring any changes to what has been already agreed through the Portuguese Accord …
Thank you, Mr. Speaker. Question t o the Honourable Premier: Does this Memorandum of Understanding have any alignment or bring any relevance . . . Well, I’ll just say, does it bring any alignment or does it bring any changes to what has been already agreed through the Portuguese Accord whic h was done in the 1970s with the Government of the Azores?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, as I alluded to in the Statement, I think it is an upgrade and an enhancement of that accord. The Speaker: Thank you. Do any other Mem bers have questions? It looks like the Chair will recognise the Honourable Member from constituency 18, …
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, referring to page 4 of the Pr emier’s Statement —
The SpeakerThe SpeakerPage 4? QUE STION 1: OFFICIAL VISIT TO THE AUTON OMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. E. David BurtPage 4, yes. The Premier says (and I quote,) “ a technology park such as this would benefit Bermuda and is something we should look at implementing. It is clear that innovation has the ability to enhance our sustainable development and to pr ovide economic diversification, thereby further enhanc-ing our …
Page 4, yes. The Premier says (and I quote,) “ a technology park such as this would benefit Bermuda and is something we should look at implementing. It is clear that innovation has the ability to enhance our sustainable development and to pr ovide economic diversification, thereby further enhanc-ing our global competiveness.” As has been mentioned by other questions from this side befor e, Mr. Speaker, these are items which have been mentioned in the Opposition’s Throne Speech Replies and Budget Replies for some time. Can the Honourable Premier please tell this Honourable House at this time what steps his Go vernment will take to make thi s vision a reality?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, in 1998, I am aware that there was a clear plan for a 30- acre tec hnology park in Southside and nothing has been advanced on it. And I can assure colleagues that this is somet hing we are going to look to …
The SpeakerThe SpeakerHonourable Members, let the Honourable Member answer the question. Carry on, please, Premier. Hon. Michael H. Dunkley: And rather than try to have both sides going back and forth, stating who is going to do it and who is going to make it happen, I think it is something we …
Honourable Members, let the Honourable Member answer the question. Carry on, please, Premier.
Hon. Michael H. Dunkley: And rather than try to have both sides going back and forth, stating who is going to do it and who is going to make it happen, I think it is something we should all rally around and work t ogether to make it happen. Because entrepreneurship does some amazing things when yo u put people t ogether, as we saw in this park.
The SpeakerThe SpeakerThank you, Premier. Yes, the Chair will recognise MP Burt again. 1742 20 May 2016 Official Hansard Report Bermuda House of Assembly Mr. E. David Burt: I have a supplementary, Mr. Speaker.
Mr. E. David BurtMr. Speaker, I t hank the Premier for his answer, or the answer that he gave. However, I asked what steps would his Government take in ma king this a reality? I know that he went back to 1998 and was talking about this. However, the specific question was, in …
Mr. Speaker, I t hank the Premier for his answer, or the answer that he gave. However, I asked what steps would his Government take in ma king this a reality? I know that he went back to 1998 and was talking about this. However, the specific question was, in light of his St atement, which spoke about economic diversification, something which we have spoken of many times, what specific steps will his Government take to advance this initiative?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I went bac k to 1998 because I wanted to let everybody know, especially those in the listening audience, that there was something already planned and put in place. I will update after working with my honourable colleagues on the progress …
Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I went bac k to 1998 because I wanted to let everybody know, especially those in the listening audience, that there was something already planned and put in place. I will update after working with my honourable colleagues on the progress we are making, and I will update the House at a later date as we move forward.
The SpeakerThe SpeakerThank you, Premier. Yes. MP Burt again.
Mr. E. David BurtThank you very much. Mr. Speaker, I thank the Honourable Premier for his answer. And the question that I will ask is, would the H onourable Premier —
Mr. E. David BurtIf in this consultation with the Mi nister of Economic Development, would the Pr emier like to work with Members of the Opposition as well, to be included in this various item so that they can, as in his words, work together to advance this initiative? Because I think that …
If in this consultation with the Mi nister of Economic Development, would the Pr emier like to work with Members of the Opposition as well, to be included in this various item so that they can, as in his words, work together to advance this initiative? Because I think that all of us can recognise the ben efits that economic diversificat ion can come from innovation through technology.
The SpeakerThe SpeakerThank you. Premier. Hon. Michael H. Dunkley: Yes. And I look forward to seeing a rash of submissions from the Opposition as we start this process.
The SpeakerThe SpeakerYes. Yes. QUESTION 2: OFFICIA L VISIT TO THE AUTON OMOUS REGION OF AZORES AND SIGNING OF A MEMORANDUM OF UNDERSTANDING
Mr. E. David BurtThank you, Mr. Speaker. Mr. Speaker, my second question is, Will the Honourable Premier please advise this Honourable House what was the total cos t to the Government and the taxpayers of Bermuda for his trip to the Azores and the America’s Cup World Series, which has not been disclosed …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: To the Honourable Member, those costs will be put on the site as soon as possible. We are still waiting for some of the expenses to come back in. And we did not want to submit that and put it out there if it had …
The SpeakerThe SpeakerThank you, Premier. Yes, MP Burt. SUPPLEMENTARY
Mr. E. David BurtMr. Speaker, as a supplementary question, will the Honourable Premier please, as I have asked the question— he cannot provide the answer —if you will undertake to provide the answer to us at our next sitting, as per the rules?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: I am happy to. I am hopeful that it will be on the website before then, because actually I think it was probably two days ago the Cabinet Secretary and I were in communication about finalising the expenses of that trip.
The SpeakerThe SpeakerThank you, Premier. Thank you, Honourable Members. That was the Premier’s first Statement. The Premier’s second Statement on the Census, I have a question from the Honourable Member from constituency 17, who is not in the House. So we will move on to the next Statement, by the Honourable E. …
Thank you, Premier. Thank you, Honourable Members. That was the Premier’s first Statement. The Premier’s second Statement on the Census, I have a question from the Honourable Member from constituency 17, who is not in the House. So we will move on to the next Statement, by the Honourable E. T. Richards, in regards to his UK visit. And the Chair will recognise first the Opposition Acting Leader, MP Burt.
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Sp eaker, I . . .
The SpeakerThe SpeakerSorry. The UK visit. Bermuda House of Assembly Mr. E. David Burt: Oh, the UK visit? Sorry, Mr. Speaker, because there are two. There is Consol idated Fund, and there is the UK visit.
The SpeakerThe SpeakerYes, yes, on the UK visit. QUESTION 1: UK PRIME MINIST ER'S ANTI - CORRUPTION SUMMIT IN LONDON
Mr. E. David BurtJust want to make sure. Regarding this visit to the United Kingdom, will the Honourable Deputy Premier please inform this Honourable House the total cost to the taxpayer for this trip?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: Like the Premier, those costs have not been fully tabulated. When they are, they will be put in the website in the usual fashion.
Mr. E. David BurtMr. Speaker, I note the Honourable Minister of Finance has said in the regular fas hion. However, the Honourable Finance Minister’s last trips were not disclosed on the Ministerial Travel website. Hence the reason we ask the question. Will the Honourable Minister of Finance give the commitment to the House …
Mr. Speaker, I note the Honourable Minister of Finance has said in the regular fas hion. However, the Honourable Finance Minister’s last trips were not disclosed on the Ministerial Travel website. Hence the reason we ask the question. Will the Honourable Minister of Finance give the commitment to the House today to update all of his travel on the Ministerial Travel website and bring back a cost at our next day of sitting for his last trip?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: First of all, I am not aware that my last trip was not on the website, because it usually is handled by my staff. But certainly I give that commitment.
The SpeakerThe SpeakerThank you, Honourable Minister. Yes, the Chair will now recogn ise the Honourable Member from constituency 15, MP Roban. QUESTION 1: UK PRIME MINISTER'S ANTI - CORRUPTION SUMMIT IN LONDON
Mr. Walter H. RobanThank you very much, Mr. Speaker. Mr. Speaker, the Honourable Minister of F inance gave great description as t o the state of how Bermuda is perceived through his Statement, such as statements on page 3 and throughout the Statement that he made about how Overseas Territories may actually have …
Thank you very much, Mr. Speaker. Mr. Speaker, the Honourable Minister of F inance gave great description as t o the state of how Bermuda is perceived through his Statement, such as statements on page 3 and throughout the Statement that he made about how Overseas Territories may actually have set the bar higher than many of the m ajor jurisdictions, but were subject ed to their persuasion on a regular basis on these issues. In light of what he said in his Statement, Mr. Speaker, can the Honourable Minister give us some insight as to why the British continue to not be supportive of us in the way they should as to opposition around, you know, our reputation and our position on these issues of transparency, around taxes and ot herwise?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: Thank you. That is an interesting question. I think the best explanation is that the UK has a different agenda from us. And they prosecute their own agenda. We have to prosecute ours. Our interests in this area and the UK’s interests in this …
Minister.
Hon. E. T. (Bob) Richards: Thank you. That is an interesting question. I think the best explanation is that the UK has a different agenda from us. And they prosecute their own agenda. We have to prosecute ours. Our interests in this area and the UK’s interests in this area are not in accord. The fact of the matter is that we are the UK’s competitors. And the Chance llor of the Exchequer has passed legislation in the Commons to make the UK insurance industry more competitive and has stated quite frankly that they are looking to get back business that they lost to Bermuda. So we have to be aware that we live in a comp etitive world. And in spite of our constitutional relationship with the UK, we have to make sure that we look after the interests of Bermuda, the Bermuda economy and the Bermudian people. And that is just a reality statement. It is something we have to be aware of. And we conduct our business on that reality basis.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Mini ster. We now move to the Statement by the Mini ster with reference to the Consolidated Fund. And the Chair will recognise the Acting Opposition Leader, MP David Burt. You have the floor. QUESTION 1: CONSOLIDATED FUND FINANCIAL STATEMENTS FOR THE YEAR ENDING …
Mr. E. David BurtThank you, Mr. Speaker. Mr. Speaker, on the Minister’s Statement on page number 2, the Minister of Financ e says, “ I am pleased to note that the annual accounts of the Consolidated Fund of the Government of Bermuda were given an unqualified audit opinion for the third co nsecutive …
Thank you, Mr. Speaker. Mr. Speaker, on the Minister’s Statement on page number 2, the Minister of Financ e says, “ I am pleased to note that the annual accounts of the Consolidated Fund of the Government of Bermuda were given an unqualified audit opinion for the third co nsecutive year, following six years of qualified [audit] opinions.” Regarding the six years of qualified audit opinions, would the Honourable Minister like to share with this House the reasons, in his understanding, for the qualifications of those opinions?
The SpeakerThe SpeakerMinister. 1744 20 May 2016 Official Hansard Report Bermuda House of Assembly Hon. E. T. (Bob) Richards: Mr. Speaker, those reasons are in the public domain. This has been di scussed umpteen times already in the past. The reasons for the qualifications of former Financial Statements are well known and …
Minister.
1744 20 May 2016 Official Hansard Report
Bermuda House of Assembly Hon. E. T. (Bob) Richards: Mr. Speaker, those reasons are in the public domain. This has been di scussed umpteen times already in the past. The reasons for the qualifications of former Financial Statements are well known and have been well d ebated here. It is in the public domain.
The SpeakerThe SpeakerThank you. MP Burt, yes. SUPPLEMENTARIES
Mr. E. David BurtThank you very much, Mr. Speaker. I thank the Honourable Minister for his answer. The reason I was asking the question is, I think that it is important for the public to understand the reasons why the qualification happen ed and not b ecause the Government keeps talking about the …
Thank you very much, Mr. Speaker. I thank the Honourable Minister for his answer. The reason I was asking the question is, I think that it is important for the public to understand the reasons why the qualification happen ed and not b ecause the Government keeps talking about the qualif ications. If I may, Mr. Speaker, ask the Honourable Minister if he would agree with this statement I am going to read from the Auditor General’s Statement of March 1 st, 2014. And I quote. The Auditor Gener al said, “ This year, management has provided an independent professional valuation, and I’ve obtained sufficient appropriate audit evidence that these transactions were measured and recognised in accordance with public sector accounting standards generall y accepted in Bermuda, and therefore no longer warrant a qualif ied opinion.”
Mr. E. David BurtWould the Honourable Minister please agree that there were no changes that were made to the account that changed the Berm uda Government’s position going from a qualified audit opinion to a qualified [sic] audit opinion?
The SpeakerThe SpeakerYes, Minister. Hon. E. T. (Bob) Richards: The qualification that the Honourable Member is talking about had to do with whether the asset that was on the books was being recorded at an appropriate price and because there was an overvaluation. It was thought that that asset was overvalued, and …
Yes, Minister.
Hon. E. T. (Bob) Richards: The qualification that the Honourable Member is talking about had to do with whether the asset that was on the books was being recorded at an appropriate price and because there was an overvaluation. It was thought that that asset was overvalued, and that the Auditor was not sure that it was really worth that amount of money. In other words, it had to do with capital projects that were done that came in over budget! That is what it had to do with, right? And after a long period of examination, that matter was resolved. And you have to sort of go two years past that before you can get unqualified audits. But the qualifications that the Honourable Member is talking about, there is a direct connection between that and capital projects the former Government did that were well over budget. So if he wants to go down that road, you know, let’s go down that road. But that is what it is about.
The SpeakerThe SpeakerAll right. Thank you, sir. Yes, the Chair will recognise the—another supplementary?
Mr. E. David BurtI thank the Minister of Finance because I will go down that road exactly! Because in the answer that the M inister of Finance said—
Mr. E. David BurtHe stated, the answer he just gave, he stated that the Auditor General thought that those items were overvalued. So I will go back to the question again. Were there any corrections made to the valuations of those capital projects which led the audits from going to be qualified to …
The SpeakerThe SpeakerThank you. Thank you. Minister. Hon. E. T. (Bob) Richards: Well, I th ink those assets were re- valued. But in any case, I cannot say that categorically. But, you know, during . . . [Inaudible interjections]
The SpeakerThe SpeakerHonourable Members, give the Mini ster— Hon. E. T. (Bob) Richards: I mean, there is mu mbling about this . We are talking about stuff that is not on the table here, Mr. Speaker. We are talking about stuff that is not on the table, that is not in my …
The SpeakerThe SpeakerRight. And I accept the fact that when we talk about specifics like that, that Honourable Members have to be understanding. Ministers should not be required to come out with real specific answers unless they have been given some notice. It is quite reasonable, I believe, for the Minister to …
Right. And I accept the fact that when we talk about specifics like that, that Honourable Members have to be understanding. Ministers should not be required to come out with real specific answers unless they have been given some notice. It is quite reasonable, I believe, for the Minister to be responding in this way.
Hon. E. T. (Bob) Richar ds: So I am not going to guess at that. But I just want the House to know that the qualified audits had to do with work that the former Government did that the Auditor questioned, had to do with valuation of assets, had to do with overruns on capital proj ects, large overruns on capital projects, and not only overruns, but documentation that was incomplete. That is what it had to do with.
Bermuda House of Assembly The Speaker: All right. Thank you. Thank you, Honourable Member. Yes, MP Burt. You have a second question?
Mr. E. Dav id BurtI do have a second question, Mr. Speaker, and I would like to use that second question to follow -up with what the Honourable Minister of F inance just stated. Because I do think that it is very important that the public understand this particular issue.
The SpeakerThe SpeakerOkay. Question? QUESTION 2: CONSOLIDATED FUND FINANCIAL STATEMENTS FOR THE YEAR ENDING MARCH 31, 2015
Mr. E. David BurtSo I will go back again to the statement that was made by the Auditor General on March 10 th, 2014, where the Audi tor General said, and I quote, “I have obtained sufficient appropriate audit evidence that these transactions were measured and recognised in accordance with public sector account-ing …
So I will go back again to the statement that was made by the Auditor General on March 10 th, 2014, where the Audi tor General said, and I quote, “I have obtained sufficient appropriate audit evidence that these transactions were measured and recognised in accordance with public sector account-ing standards.” So they were recognised. They were recorded properly. Hence, the removing of any qua lification. I will then ask the Minister again to please clarify, and if he cannot clarify today, to undertake to come back to verify to the House that the values of those capital projects on the accounts of the Gover nment of Berm uda were not changed as a result of this independent valuation.
The SpeakerThe SpeakerYes, Minister. Hon. E. T. (Bob) Richards: My answer to that question is simple, Mr. Speaker. The accounts for their Government were qualified. The accounts for our Government ha ve not been qualified. That is the bo ttom line.
The SpeakerThe SpeakerAll right. Thank you. Yes, MP—
Mr. E. David BurtMr. Speaker, the public will know that the Minister is not answering the question. So I will ask it again. Will the Minister undertake to com e back to the House next week, seeing that you yourself, Mr. Speaker, said you should not be asked to give speci fics, if …
Mr. Speaker, the public will know that the Minister is not answering the question. So I will ask it again. Will the Minister undertake to com e back to the House next week, seeing that you yourself, Mr. Speaker, said you should not be asked to give speci fics, if he will come back to the House next week to state whether or not there was any change to the valuation of the capital assets which led to the qual ified opinion?
The SpeakerThe SpeakerYes. Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, I have a policy, a personal policy that when I answer a ques-tion, and the Honourable Member insists on asking the same question again, I just do not answer it. He asked me that question just now. You repeated the question. …
Mr. E. David BurtThe Honourable Minister has not yet given an undertaking to this House that he will come back with a response to the question. He said he does not have the paper — [Inaudible interjections]
The SpeakerThe SpeakerJust a minute, just a minute. Ask your Members. If your Members would keep quiet, it might be helpful. Then I can help you, Honourable [Acting] Opposition Leader. [Pause]
Mr. E. David BurtMr. Speaker, I will ask the Mini ster, as he has not yet given an undertaking. I have asked a question, and I am asking that he will give an undertaking, under the [Standing Orders], to come back to this House next week, seeing that he says he does not …
Mr. Speaker, I will ask the Mini ster, as he has not yet given an undertaking. I have asked a question, and I am asking that he will give an undertaking, under the [Standing Orders], to come back to this House next week, seeing that he says he does not have the information in front of him to confirm to this House whether or not there were adjus tments that were made to the underlying value of cap ital assets which led to the qualifications of opinion.
The SpeakerThe SpeakerYes. Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, all that i nformation is already in the public domain.
The SpeakerThe SpeakerAll right. Thank you, Ho nourable Member. We now move to the Statement by the Honourable and Learned Attorney General. And I have a question from the Learned Member from constit uency 36. MP Michael Scott, you have the floor. 1746 20 May 2016 Official Hansard Report Bermuda House of …
All right. Thank you, Ho nourable Member. We now move to the Statement by the Honourable and Learned Attorney General. And I have a question from the Learned Member from constit uency 36. MP Michael Scott, you have the floor. 1746 20 May 2016 Official Hansard Report
Bermuda House of Assembly QUESTION 1: MODERNISATION OF THE LAW ON BRIBERY AND CO RRUPTION
Hon. Michael J. Scott: Thank you, Mr. Speaker. To the Learned Attorney General, when referencing the focus of the bribery offences being co ntemplated, on page 7 of his Statement, as the conduct of persons or the recipient of any bribe, is the cl assic actus reus requirement in law for bribery, in exchange, Mr. Attorney, in exchange for the alteration of the r ecipient’s behaviour either to the benefit or interest of the giver of that bribe to be a part of the offence? Is the actus reus of in exchange, the conduct being in exchange for the alteration of the recipient’s behaviour to be a part of the offence? That is the question, because it is not clear in the Statement.
The SpeakerThe SpeakerMinister. Hon. Trevor G. Moniz: Mr. Speaker, I am not quite clear on the question. I am happy to speak with the Shadow offline, because I think what he is doing is descending into the particulars of the proposed legi slation. And just to say that we are acting on …
Minister.
Hon. Trevor G. Moniz: Mr. Speaker, I am not quite clear on the question. I am happy to speak with the Shadow offline, because I think what he is doing is descending into the particulars of the proposed legi slation. And just to say that we are acting on the template of the UK Bribery Act, which the Honourable Member can access and we can discuss the details if he wishes. It is not suitable for the floor today, but certainly before this House rises for the summer, we hope to have a draft Act tabled, which then will be talking about something definitive rather than talking about the theory of it.
The SpeakerThe SpeakerThank you, Minister. Yes. Hon. Michael J. Scott: Thank you. I am content to let us get to the clear skeletal elements at the time that we get a Bill.
The SpeakerThe SpeakerThank you. Do you have another question o n this? Hon. Michael J. Scott: Yes, I do, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Michael J. Scott: On the fraud Statement —
The SpeakerThe SpeakerNo. Okay. Wait a minute. Hon. Michael J. Scott: I beg your pardon.
The SpeakerThe SpeakerAny more questions on this particular , the bribery and corruption Statement? Hon. Michael J. Scott: No, sir.
The SpeakerThe SpeakerNo? Then we move now to the next Statement on fraud, which the Honourable and Learned Member, Michael Scott, you have the floor again. QUESTION 1: MODERNISATION OF THE LAW ON BRIBERY AND FRAUD Hon. Michael J. Scott: Thank you. Mr. Speaker, to the Learned Attorney [General], in the fraud …
No? Then we move now to the next Statement on fraud, which the Honourable and Learned Member, Michael Scott, you have the floor again.
QUESTION 1: MODERNISATION OF THE LAW ON BRIBERY AND FRAUD
Hon. Michael J. Scott: Thank you. Mr. Speaker, to the Learned Attorney [General], in the fraud Statement, Mr. Attorney declared that he intended, as a policy plan, to abolish the deception offences. Could the Learned Attorney please clarify for the House what deception offences are being abolished? Are they the ones in the Criminal Code under the Theft Act , theft provision?
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: Mr. Speaker, that is correct. That is correct. And those deception offences take a more technical approach than the broader offences in the new fraud act.
The SpeakerThe SpeakerThank you, Attorney General. Hon. Michael J. Scott: So, just to be clear —
The SpeakerThe SpeakerOkay. A supplementary then? Hon. Michael J. Scott: Supplementar y, yes.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Michael J. Scott: To be clear, under sections 345 almost through to 350 [of the Criminal Code] , there are offences relating to—that are similar to the Theft Act. All those offences are being abolished; is this what the policy intent is? Hon. Trevor G. Moniz: Well, …
Yes.
SUPPLEMENTARIES
Hon. Michael J. Scott: To be clear, under sections 345 almost through to 350 [of the Criminal Code] , there are offences relating to—that are similar to the Theft Act. All those offences are being abolished; is this what the policy intent is?
Hon. Trevor G. Moniz: Well, the law, all of those offences will be amended and modified by the proposed new legislative framework, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP Scott, a supplementary? Hon. Michael J. Scott: Supplementary, thank you.
The SpeakerThe SpeakerYes. Hon. Michael J. Scott: In the fraud Statement by the Learned Attorney [General] , he speaks of a general offence of obtaining services dishonestly. And does the Attorney agree that this is confusing, potentially, i n the section 348 of the Criminal Code is precisely an offence of obtaining …
Yes.
Hon. Michael J. Scott: In the fraud Statement by the Learned Attorney [General] , he speaks of a general offence of obtaining services dishonestly. And does the Attorney agree that this is confusing, potentially, i n the section 348 of the Criminal Code is precisely an offence of obtaining services dishonestly?
Bermuda House of Assembly So is the new intended policy offence of fraud confusing, potentially, with that section, 348?
The SpeakerThe SpeakerAttorney General. Hon. Trevor G. Moniz: Well, M r. Speaker, we certainly do not intend for it to be confusing, and we do not think what has happened in the UK since 2006, the way it is now worded with the broader general offence, and then with cases laid out …
Attorney General. Hon. Trevor G. Moniz: Well, M r. Speaker, we certainly do not intend for it to be confusing, and we do not think what has happened in the UK since 2006, the way it is now worded with the broader general offence, and then with cases laid out underneath of that, it is thought to be much easier for particularly lay members of the jury, et cetera, to understand. That has been the experience of the UK over the last 10 years.
The SpeakerThe SpeakerYes. Next question. QUESTION 2: MODERNISATION OF THE LAW ON BRIBERY AND FRAUD Hon. Michael J. Scott: My final question. Noting that the proposed fraud changes, fraud law changes are an adoption of the UK Fraud Act, has the Learned Attorney [General] taken any steps to what I refer to …
Yes. Next question.
QUESTION 2: MODERNISATION OF THE LAW ON BRIBERY AND FRAUD Hon. Michael J. Scott: My final question. Noting that the proposed fraud changes, fraud law changes are an adoption of the UK Fraud Act, has the Learned Attorney [General] taken any steps to what I refer to as tropicalising our Bermuda Fraud Act so that it is applicable to the B ermuda circumstances, as distinct, Mr. Speaker, from just adopting wholly the UK?
The SpeakerThe SpeakerThe UK. Mm-hm. Minister Attorney General. Hon. Trevor G. Moniz: Well, Mr. Speaker, certainly as the drafting proceeds, there may be adaptations. It is too ear ly at this point to speak to that.
The SpeakerThe SpeakerAll right. Thank you, Attorney General. Hon. Trevor G. Moniz: The time frame for the Fraud Act is not as immediate as it is for the Bribery Act. So we may not see a draft before we rise for the summer for that. It may be something more for the …
The SpeakerThe SpeakerAll right. Thank you, Attorney General. Okay. There are no further questions. Honourable Members, we have reached 12:30. [Inaudible interjection]
The SpeakerThe SpeakerAh! Yes, yes, but we have reached 12:30. [Inaudible interjection]
The SpeakerThe SpeakerNo, no, no, no. It is not just you. It is not just you. So we are going to come back after lunch and complete the Question Period. We have a total of 17 minutes remaining in our Question Period. So I think it is appropriate now that we recognise …
No, no, no, no. It is not just you. It is not just you. So we are going to come back after lunch and complete the Question Period. We have a total of 17 minutes remaining in our Question Period. So I think it is appropriate now that we recognise the Pr emier. And also, I want to remind Members that in the atrium, the cake should be in the atrium. So I would like for some Members to please come to the atrium so that the cake can be presented. Honourable Premier .
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I move that we adjourn for lunch.
The SpeakerThe SpeakerHonourable Members, we will now adjourn until 2:00 pm. [Gavel] Proceedings suspended at 12:30 pm Proceedings resumed at 2:00 pm [Hon. K. H. Randolph H orton, Speaker, in the Chair] [Gavel] QUESTION PERIOD [Continuation thereof]
The SpeakerThe SpeakerHonourable Members, we have 17 minutes and 4 seconds left in the Question Period and we are now on the Ministerial Statement by the Honourable Dr. Gibbons. So th e Chair will recognise the Honourable Member from constituency 33, MP Jamahl Simmons. You have the floor.
The SpeakerThe SpeakerYes? QUESTION 1: ANNUAL REPORT OF THE REGULATORY AUTHORITY JANUARY 2013 TO MA RCH 2014
Mr. Jamahl S. SimmonsHe makes reference to i ncreased demand for home Internet at increasingly higher speed. Will the Honourable Member inform this House of the work done, if any, by the Regulatory A u1748 20 May 2016 Official Hansard Report Bermuda House of Assembly thority body relating to i nternet speed in …
The SpeakerThe SpeakerMinister? Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker . Presumably he means the fiscal year of the report?
Mr. Jamahl S. SimmonsYes. Dr. the Hon. E. Grant Gibbons: Okay. There were certainly conversations at the time, I am not sure I was privy to all of them . But I think there was a general interest in, I think . . . I ca nnot remember which year it was done …
Yes. Dr. the Hon. E. Grant Gibbons: Okay. There were certainly conversations at the time, I am not sure I was privy to all of them . But I think there was a general interest in, I think . . . I ca nnot remember which year it was done in, but the RA [Regulatory Authority] certainly did some market r esearch in terms of customer satisfaction with Internet speeds. But I think it may have been more recently than this particular report, which goes from January 2013 to March 31, 2014.
The SpeakerThe SpeakerOkay . Thank you, Minister. MP Simmons, yes?
Mr. Jamahl S. SimmonsThe Consumer Affairs Board listed this as one of the major complaints — Internet speed for consumers. I understand that they are about to commit a study on this, would the Honourable Minister be prepared to give an update at some point . . . give an undertaking, give an …
The SpeakerThe SpeakerMinister? Dr. the Hon. E. Grant Gibbons: I would be happy to, Mr. Speaker. May I also say that there are plans afoot by a couple of the major carriers to significantly increase the bandwidth available, and that is both on the Digicel side and on the CellOne side, which …
Minister?
Dr. the Hon. E. Grant Gibbons: I would be happy to, Mr. Speaker. May I also say that there are plans afoot by a couple of the major carriers to significantly increase the bandwidth available, and that is both on the Digicel side and on the CellOne side, which is now responsible for Logi c. I think there are, what I will call, infrastructure plans in place to do that. The timing is not entirely clear at this point, but the RA was certainly aware , as I was as Minister, and there was a report done, I think, and it may have been after this particular report, which goes back actually a couple of years now, a report done and market research done, as I said, by the Regulatory Authority on customer sati sfaction with speed. I will see what is available. In fact, it may be on the Regulatory Authorit y website . I do not know if the Honourable Member has looked or not. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Minister. Any other questions? All done, Member Simmons ? Thank you very much. That concludes that one. We now move to the Ministerial St atement by the Honourable Minister of Education and the Chair will recognise the Shadow Minister of Education first, MP Foggo, from constit …
Ms. Lovitta F. FoggoYes, thank you, Mr. Speaker . The Budget b ook shows that $2 million was allocated for capital works at schools for this fiscal year, which is $1 million short of the $3 million that the Honourable Minister speaks of in his report that may be needed to get the …
Yes, thank you, Mr. Speaker . The Budget b ook shows that $2 million was allocated for capital works at schools for this fiscal year, which is $1 million short of the $3 million that the Honourable Minister speaks of in his report that may be needed to get the works done in the schoo ls. Might it be better, Honourable Minister, that —
The SpeakerThe SpeakerOh, “might it be better . . .”?
Ms. Lovitta F. FoggoMight it be better that autonomy be shifted to school s to devise a budget which will better reflect the maintenance required to maintain the state of schools so that the yearly budgets can better show more accurate fiscal requirements for schools?
The SpeakerThe SpeakerOkay. All right . Yes, Minister? Hon. R. Wayne Scott: Yes, Mr. Speaker, we had this conversation during the Budget D ebate. There is money allocated in the Ministry of Education’s budget as well as the Ministry of Works and Engineering’s budget for this. And let me just further say …
Okay. All right . Yes, Minister? Hon. R. Wayne Scott: Yes, Mr. Speaker, we had this conversation during the Budget D ebate. There is money allocated in the Ministry of Education’s budget as well as the Ministry of Works and Engineering’s budget for this. And let me just further say , because I have gone out of my way, Mr. Speaker, to make this about not pointing fingers, but what we have to do . . . because it is my responsibility to take care of schools now. And I appreciate the Shadow Minister’s concern for this, but , you know , one of the things that is inte resting is that when I was walking around talking to all the schools —
Bermuda House of Assembly The Speaker: Just, just, you just want to answer the question.
Hon. R. Wayne Scott: —and the SCORE report, one of the . . . I want to get to the bottom to find out what is happen ing so that we can address it. And it seems like the rails actually came off of this, depending on who you ask, seven to twelve years ago so —
The SpeakerThe SpeakerCareful now, I was the Minister you know. [Laughter] Hon. R. Wayne Scott: Well, Mr. Speaker, that is the information that I have gotten from the schools.
The SpeakerThe SpeakerIt is all right . It is all right, Minister. Hon. R. Wayne Scott: So we have outlined what needs to be done . . . and I appreciate the Member taking responsibility for that. We have outl ined what needs to be done. We have put a schedule together …
It is all right . It is all right, Minister.
Hon. R. Wayne Scott: So we have outlined what needs to be done . . . and I appreciate the Member taking responsibility for that. We have outl ined what needs to be done. We have put a schedule together that we think represents the reality of what we actually can do. We have allocated the effective budget to make this happen, and it is our hope that, especially even with making this public, that we can all get this done, recognising that it is about the children. So I would actually appreciate that if there are items that we see that are not on the list that need to be done, it is brought to my attention or the Ministry’s attention and we will ge t on with it.
The SpeakerThe SpeakerAll right. Thank you. Yes, MP Foggo, yes?
Ms. Lovitta F. FoggoMy question was, Sho uld it not be in the hands of schools in terms of putting the budgets together? And I think the Minister may have—
The SpeakerThe SpeakerOkay. Minister? Minister? Honourable Members, please. Hon. R. Wayne Scott: No, I think it is most efficient if, you know, to have maintenance handled primarily by the Government Ministry that has responsibility for maintaining government buildings. And what we have been doing is just ensuring that we have proper handoff. …
Okay. Minister? Minister? Honourable Members, please. Hon. R. Wayne Scott: No, I think it is most efficient if, you know, to have maintenance handled primarily by the Government Ministry that has responsibility for maintaining government buildings. And what we have been doing is just ensuring that we have proper handoff. Unfortunately, sometimes we have not heard about maintenance issues until we read about it on Bernews ourselves. So we need to have effective ways to ensure that notification is done and those are things that we have been working on so that we can adequately and in a timely manner address issues.
The SpeakerThe SpeakerThank you, Minister. MP Foggo, yes, another question?
The SpeakerThe SpeakerOkay. QUESTION 2: SCHOOL FACILITY IMPROVEMENTS
Ms. Lovitta F. FoggoGiven the transformational reform proposed that overall spoke to shifts in the or-ganisational structure within the Ministry of Education which would allow for better and more efficient running of our schools, has the Minister devised and/or implemented any policies, notwithstanding the fact that he is going to do reporting on …
Given the transformational reform proposed that overall spoke to shifts in the or-ganisational structure within the Ministry of Education which would allow for better and more efficient running of our schools, has the Minister devised and/or implemented any policies, notwithstanding the fact that he is going to do reporting on the website, which will ensure more accurate reporting of the physical requir ements of schools so that at the school level there is sufficient funding to maintain structures? Clearly , the $1.688 million for repairs and maint enance and the $1.240 million for capital works under the Ministry of Education, again, has not allowed for adequate funding to maintain our schools.
The SpeakerThe SpeakerMinister? Hon. R. Wayne Scott: Again, Mr. Speaker, one of the challenges we have is that maintenance has not been done for a number of years in an effective manner. So let us not kid ourselves into the reality of where we are at. But I take the Shadow Minister’s …
Minister?
Hon. R. Wayne Scott: Again, Mr. Speaker, one of the challenges we have is that maintenance has not been done for a number of years in an effective manner. So let us not kid ourselves into the reality of where we are at. But I take the Shadow Minister’s point , and I would respectfully disagree in one case. Our schools are staffed by educators that have a responsibility to educate our children. We do have facilities people at schools that are responsible for maintenance and cleaning the schools and such. We do not . It is not efficient or it is not . . . we do not have a structure in place whereby we have a maintenance department physically at every school to address these maint enance issues. That is something that we need to get 1750 20 May 2016 Official Hansard Report
Bermuda House of Assembly information on and a maintenance schedule be put forward. Minor maintenance is conducted by our facil ities department. More substantial maintenance is conducted by the Ministry of Works, which has a sec-tion specifically dedicated to school maintenance. So we have the pieces in place, we have to ensure that we are using them effectively so that we can address some of these items because it is . . . it is . . . Bermuda as a whole should not accept that basic maint enance does not happen at our schools. And I will give a simple example of why this is the case—
The SpeakerThe SpeakerI am sorry — Hon. R. Wayne Scott: If you would like, Mr. Speaker.
The SpeakerThe SpeakerNo, that is all right . That is all right. That is enough. Hon. R. Wayne S cott: But I see Member Burt saying no. I guess he has some more questions, so I will have a seat.
The SpeakerThe SpeakerNo, that is . . . all right. MP Burt, you have a question?
Mr. E. David BurtMr. Speaker, in the Honourable Minister’s answer he just spoke about, you know, long-term items and maintenance not being done. Does the Honourable Minister believe that there are some schools that should be reconstructed or rebuilt?
The SpeakerThe SpeakerMinister? Hon. R. Wayne Scott: That is a whole other conversation. Our infrastructure is very old. Government i nfrastructure, as a whole, is old. Our newest school was built over 50 years ago. I was not even born when our newest sc hool was built. So . . . Well, …
The SpeakerThe SpeakerSpeak to . . . just speak to me and then you do not get the — Hon. R. Wayne Scott: Certainly , it would be great to have new schools ; but I think it is a little bit unre alistic at this point for our 18 elementary schools …
Speak to . . . just speak to me and then you do not get the — Hon. R. Wayne Scott: Certainly , it would be great to have new schools ; but I think it is a little bit unre alistic at this point for our 18 elementary schools to say, Okay, we’re gonna flatten all these buildings and r ebuild them all from scratch.
The SpeakerThe SpeakerAll right, all right. Hon. R. Wayne Scott: That is just not really an option—
The SpeakerThe SpeakerAll right . Thank you, Minister. Thank you, Minister. Yes, MP Burt, second supplementary.
Mr. E. David BurtThank you, Mr. Speaker. The question was not on the realism of som ething ; the question I asked very specific . And I would appreciate a yes or no answer f rom the Minister . Does the Minister believe that there are some schools that need to be rebuilt?
The SpeakerThe SpeakerMinister? Hon. R. Wayne Scott: Mr. Speaker, I am not an eng ineer. I can say, however, that there are schools that need to have adequate maintena nce. Any Bermuda building that does not have adequate maintenance will have challenges with regard to things like mould, or issues with windows …
Minister? Hon. R. Wayne Scott: Mr. Speaker, I am not an eng ineer. I can say, however, that there are schools that need to have adequate maintena nce. Any Bermuda building that does not have adequate maintenance will have challenges with regard to things like mould, or issues with windows leaking, and such. And if you are not on top of these things . . . we have got cases where you have not had wind ows sealed for a decade. We are addressing that , and this Government is making sure that these things are done because our children are important.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Chair recognises MP Roban from constituency 15.
Mr. Walter H. RobanYes, I have a supplementary question to what the Minister’s comments have just been. Would the Minister agree that there needs to be a better system of communi cation between the on - site maintenance staff and the Works and Engineering teams that do the seasonal maintenance of the infr …
The SpeakerThe SpeakerMinister? Hon. R. Wayne Scott: Yes, I thank the Member for that question. You are spot on. That is exactly what we have been working on by using the contents . . . We are using the SCORE report to start with that. We have met with all the schools, …
Minister?
Hon. R. Wayne Scott: Yes, I thank the Member for that question. You are spot on. That is exactly what we have been working on by using the contents . . . We are using the SCORE report to start with that. We have met with all the schools, we have devised better mechanisms for reporting and we are doing just that. Yes.
The SpeakerThe SpeakerThank you. Oh, yes, Honourable Member, yes. Carry on, MP Roban. Bermuda House of Assembly Mr. Walter H. Roban: Would the Minister at some point be able to report to this House how many sort of maintenance requests come from schools on an a nnual basis, separate from your ongoing …
Bermuda House of Assembly Mr. Walter H. Roban: Would the Minister at some point be able to report to this House how many sort of maintenance requests come from schools on an a nnual basis, separate from your ongoing seasonal maintenance? On average, how many maintenance requests do schools make to the department or the Works and Engineering through out the school year?
The SpeakerThe SpeakerYes, Minister. Hon. R. Wayne Scott: I can look into that. That is a reasonable request.
The SpeakerThe SpeakerYes. Thank you. The Chair will now recognise the Honourable Member from constituency 13, MP Rabain. QUESTION 1: SCHOOL FACILITY IMPROVEMENTS
Mr. Diallo V. S. RabainThank you, Mr. Speaker. Would the Minister tell us, since the SCORE repor t was officially released on February 8 th when did the visits to the schools that he undertook with the acting commissioner take place?
The SpeakerThe SpeakerYes, Minister? Hon. R. Wayne Scott: I would have to check my calendar to find out the exact dates. But I can tell you that we started doing that before the full SCORE r eport was made public. One of the things that I did as soon as we actually …
Yes, Minister?
Hon. R. Wayne Scott: I would have to check my calendar to find out the exact dates. But I can tell you that we started doing that before the full SCORE r eport was made public. One of the things that I did as soon as we actually got it was to pull that information out . I wanted to see this for myself. I believe I reported that in the House duri ng the last session.
The SpeakerThe SpeakerYes, MP Rabain. SUPPLEMENTARY
Mr. Diallo V. S. RabainSupplementary . When these visits were undertaken, was there some sort of schedule follo wed or some sort of checklist that the Minister took , since he started before the SCORE r eport was made public?
The SpeakerThe SpeakerMinister? Hon. R. Wayne Scott: Yes, as the Member would know, the SCORE report was actually presented to me before it was made public. So one of the first things that I did after reading it a couple of times , was to immediately pull that list out and use …
Minister? Hon. R. Wayne Scott: Yes, as the Member would know, the SCORE report was actually presented to me before it was made public. So one of the first things that I did after reading it a couple of times , was to immediately pull that list out and use the list that was in the SCORE report and the list that the facilities manager had had that in some cases w as expanded. And we went to every school to visit with the principal or the p rincipal designate to walk through and phys ically see these issues, to ascertain if there were any more, because we wanted to have a complete list to start with. And that information will be made public and you will see that on our website, hopefully by now.
The SpeakerThe SpeakerAll right, thank you. Honourable Member, do you have a suppl ementary?
The SpeakerThe SpeakerYour second question, all right. QUESTION 2: SCHOOL FACI LITY IMPROVEMENTS
Mr. Diallo V. S. RabainSecond question. And it follows on from the visits that were done by the Minister and the acting commissioner. The statement states on page 1, Mr. Speaker, that , “This Government takes concerns about safety and health seriously.” The question I have for the Minister is, the Elliot Primary School …
Second question. And it follows on from the visits that were done by the Minister and the acting commissioner. The statement states on page 1, Mr. Speaker, that , “This Government takes concerns about safety and health seriously.” The question I have for the Minister is, the Elliot Primary School fire alarm was discovered on February 10 th to be non- operational. It was not looked at until April 6th and it was not fixed until May 12th. The public was not made aware of this until April 6th. How does the Minister respond to that question and how can he seriously say that the Government takes health and safety seriously?
The SpeakerThe SpeakerMinister? Hon. R. Wayne Scott: Mr. Speaker, from my understanding, as soon as facilit ies were notified that this was an issue, because just surprisingly we do not have a fire alarm expert on staff at the Ministry of Education, we actually went out to the company to get RFPs …
Minister? Hon. R. Wayne Scott: Mr. Speaker, from my understanding, as soon as facilit ies were notified that this was an issue, because just surprisingly we do not have a fire alarm expert on staff at the Ministry of Education, we actually went out to the company to get RFPs to get this stuff done. And as the Member pointed out, it is actually sorted out. And, again, the maintenance of our schools in general is very important. One of the things , as Member Roban pointed out , is that we need to have a better mechanism —
[Timer beeps] Hon. R. Wayne Scott: —for reporting these things —
The Spe aker: That is it —
[Gavel]
Hon. R. Wayne Scott: —so that we can fix them.
The SpeakerThe SpeakerThank you. Thank you, Minister. Dr. the Hon. E. Grant Gibbons: Mr. Speaker? 1752 20 May 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Yes, Dr. Gibbons? Dr. the Hon. E. Grant Gibbons: I know we are at the end, but I did have a look on the …
The SpeakerThe SpeakerYes? Dr. the Hon. E. Grant Gibbons: It is on the Regul atory Authority website under market data and there are a number of studies going back to 2013 which may be useful for the Honourable Member.
The SpeakerThe SpeakerOkay, for Honourable Member Si mmons . Dr. the Hon. E. Grant Gibbons: Yes, thank you.
The SpeakerThe SpeakerOkay, thank you. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerOkay . We now move to Congratulatory and/or Obituary Speeches. The Chair will recognise the Minister of Education, Minister Wayne Scott. You have the floor. Hon. R. Wayne Scott: Thank you, Mr. Speaker. Mr. Speaker, I would like to highlight a couple of our children very quickly. And , you …
Okay . We now move to Congratulatory and/or Obituary Speeches. The Chair will recognise the Minister of Education, Minister Wayne Scott. You have the floor. Hon. R. Wayne Scott: Thank you, Mr. Speaker. Mr. Speaker, I would like to highlight a couple of our children very quickly. And , you know , when you look at the Career Pathways and Dual Enrolment pr ogramme that this Government has put in place in our schools , [they] are reaping some great benefits. Earlier this week I had the opportunity to congratulate one of our students, Breanna West, who achieved an A ssociate in General Insurance being part of that Career Pathways programme. Yesterday at the commencement of the Bermuda College, which before I get into congratulat ing all of our students, there were four students that were involved in the Dual Enrolment, meaning that they received their a ssociate degrees yesterday and they have not even graduated from h igh school yet. That will happen next week. And those are Taiyana Allen, Krysten Burrows, Sophia Hamilton, and Dej anee Hill - Edwards (who also was one of the student speakers at the end). So just special congratulations to them. But I also want to congratulate all of the graduates yester-day. We graduated a number of people at Bermuda College, which was a wonderful pro gramme of which we had the Commencement Address being done by Senator Kim Wilkerson. And I would like to associate the whole House with this. I am sure many other people would like to speak on this and a bunch of my colleagues were in attendance . We also had six students receive a bachelor’s degree while still sitting here in Bermuda. So the matriculation agreements that are in place with Mount St. Vincent University have definitely proven to be successful. And overall if you look at the work that Bermuda C ollege has done under the leadership of Dr. Duranda Greene and the Chairperson of the Board, Mrs. Jill Husbands , just a hearty congratulations goes out to all of our students . And, again, especially our high school students that are proving that there are just so many good things happening in our public school system that we need to highlight and do more of. So, thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from Warwick South [East] , MP Lawrence Scott. You have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. I would just like to take a minute out to get the House to send a letter of condolence to the family of Hilton “Buddy” Hill who passed during our break. He was my grandfather, but one thing that I do remember is that he was …
Thank you, Mr. Speaker. I would just like to take a minute out to get the House to send a letter of condolence to the family of Hilton “Buddy” Hill who passed during our break. He was my grandfather, but one thing that I do remember is that he was famous for telling a joke. His delivery . . . the jokes he had were world class , and the only thing better than his jokes was his voice when he was sing-ing. He came out with an LP, a record, that basica lly was entitled “SOB” which is “ Sounds of Bermuda” and . . . yeah, Sounds of Bermuda, and he was in a Glee Club and actually was the sole voice of one of the PLP’s earlier campaigns where he . . . that was done through Scotts Craft [Limited] (in my intere st), that was by my father. But he will be missed.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency in Warwick, MP Sousa.
Mr. Jeff SousaGood afternoon, Mr. Speaker, and collea gues.
Mr. Jeff SousaThat is constituency 28, Warwick West. Mr. Speaker, I would hope that all the Honourable Members would join me in sending congrat ulations to the team of concerned Bermudians that came together to rescue the AG Show. We formed the AG Show Ltd. (Bermuda Ltd. , I should say .) …
That is constituency 28, Warwick West. Mr. Speaker, I would hope that all the Honourable Members would join me in sending congrat ulations to the team of concerned Bermudians that came together to rescue the AG Show. We formed the AG Show Ltd. (Bermuda Ltd. , I should say .) This e xhibition had gone on for the last 75 years. Through the
Bermuda House of Assembly public partnership, I am sure all who did attend would agree, it was a very successful AG Show and more will come out with that and we have already started to plan for next year’s show. I would like to extend special thanks to the Executive of the AG Show, Kirt Kitson, Lisa RaposoDawson, Theresa Minors, Ellen Brown, Andrea Moniz - DeSou za, Tal ia Simmons, and also Peter Barr ett and David Lopes and the President Antwan Albuoy. I would also like to send out a special thank you to the Parks Department, the Minister and his team, as well as all the volunteers that worked with us and, of course, the sponsors because without them we could not have had the successful show that we had. And as I stated, planning has already started for next year’s show. Mr. Speaker, sticking with the theme of AG Show, I would like to congratulate Philip Correia. I have known this young man since he was a little boy. Just recently he won a Silver Medal in Morocco at the FEI World Jumping Finals with an exceptional per-formance—and I would like to associate Minister Cole Simons with that . He actually achieved four clear rounds over the event and this was on a loaned horse, a great achievement. Many will remember that we in Bermuda r eceive d a Gold Medal in the Pan Am Games with Mary Jane Tumbridge. And I truly do believe with the equestrian sports we will win further medals in the Pan Am Games and the Olympics. I feel that is our chance to actually win our second medal in the Oly mpics. But I am truly proud of this young man and the entire equestrian community is as well. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 21, MP Commissiong.
Mr. Rolfe CommissiongMr. Speaker, firstly , I just want to associate with the remarks with respect to young Miss West . As the Education Minister pointed out, it was a great achievement. She is only 19 years old. And I want to extend that commendation to Radell Tankard, who is the Director …
Mr. Speaker, firstly , I just want to associate with the remarks with respect to young Miss West . As the Education Minister pointed out, it was a great achievement. She is only 19 years old. And I want to extend that commendation to Radell Tankard, who is the Director of Career Pathways. Mr. Speaker, I spoke on this before, and firstly may I say that Government, again, needs to be commended as we ll. That programme was implemented by the previous PLP Government and it came as a direct outgrowth of the recommendations that cam e out of the Mincy Report. And so I was very happy that the Government has stood behind it and that it conti nues to show great progress and promise for our young people. Mr. Speaker, just moving on, at this time I would like the House to send an expression of condolence to the family of Mr. Henry Talbot , Jr. I am sure most of the House would like to be associated with that. Henry Talbot, Jr. passed away, otherwise—I hear the one Member interpolate “Appleby .” He passed away a few days ago. He is due to be buried soon. Mr. Talbot was an iconic figure on the Bermudian economic and even political landscape. Certainly , Mr. Talbot was a well -known contractor and businessman. That tradition is something that was bequeathed to him by his father. Many people may not know it, but his father had a construction company that actually built the Technical Institute, along with building many of the houses down on the base lands for base personnel, I guess, going back into the ’ 40s and ’50s. Mr. Henry Talbot Jr., who I would call Uncle Henry, frankly, was someone who was very close to my family. Most of his family and, of course, my mother and grandparents and great -grandparents came from that same area of Bermuda. We are talking about that Marsh Folly, Government Gate, that St. Monica’s Mission area. And they all grew up together. He is going to be sorely missed. And one thing I can say about Mr. Henry Talbot, Jr. is that he not only walked the walk, but he also delivered —big time—on behalf of Bermuda and in terms on behalf of his beliefs and allegiance to the Progressive Labour Party. Persons like him and someone who preceded him, Mr. Robert Tr ue, Sr., were real icons who were determined that Bermuda would change and it would be a progressive change in a way that benefitted all Bermudians and he will be sorely missed. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 2, MP Nandi Outerbridge.
Mrs. Nandi OuterbridgeThank you, Mr. Speaker. Mr. Speaker, this afternoon I rise to ask that this Honourable House send congratulations to the seven young ladies who were rewarded with the Logic Community Service Award earlier this week. These young women were celebrated for their contributions in community service to our community and …
Thank you, Mr. Speaker. Mr. Speaker, this afternoon I rise to ask that this Honourable House send congratulations to the seven young ladies who were rewarded with the Logic Community Service Award earlier this week. These young women were celebrated for their contributions in community service to our community and their hu ndreds of volunteer hours. One of the young ladies had reached over 400 hours of community service. So I would like to ask that the entire House join me in sending them this congratulation as it is important that positive young women and people in the community as a whole be acknowledged for their efforts. I just want to go down the l ist of the award recipients. One young lady was Kayleb Butterfield from Warwick Academy; Alison Lamb from Bermuda High School; Salina Maiato- Dill from Mount Saint Agnes Academy; Sihlé Sharrieff -Hayward from C edarBridge Academy; Zaji Smith from Saltus Gramm ar 1754 20 May 2016 Official Hansard Report B ermuda House of Assembly School; Chanara Smith- Rookes from Berkeley Inst itute; and Ashé Trimm from the Bermuda Institute. All of these young ladies have very impressive résumés so far and I look forward to them being leaders in the community.
The SpeakerThe SpeakerThank you, Honourabl e Member. The Chair will now recognise the Honourable Member from constituency 15.
Mr. Walter H. RobanThank you, Mr. Speaker. I rise to also be associated with the condolence message on behalf of Mr. Henry “Appleby” Talbot. My honourable colleague who sits for constit uency 21 did give a very detailed explanation of his achievements and also his close relationship with the Progressive Labour Party and …
Thank you, Mr. Speaker. I rise to also be associated with the condolence message on behalf of Mr. Henry “Appleby” Talbot. My honourable colleague who sits for constit uency 21 did give a very detailed explanation of his achievements and also his close relationship with the Progressive Labour Party and his background as an entrepreneur. He was one of the pioneers, in particular, of the recycling industry in Bermuda. And much of the, I would say, what the Government does around rec ycling is what he started and pioneered as someone who was very much involved with that industry and that effort in its very beginnings. And certainly he was one of the leading businessmen in the overall waste management industry in Bermuda, period, outside of the Government itself who, obviously, is the biggest operator in that area. Mr. Talbot was . . . perhaps one of his most important roles was as trustee of the PLP . That is a role that saved for a very selective few amount of people. And that is the level of respect and involv ement that many, if not all, members of the Progressive Labour Party, both in the House and outside the House, had for that gentleman. And he lived for m any years, despite being a Pembroke or Devonshire boy with his roots firmly in the c entral, he lived most of his years in the west near —
Mr. Walter H. RobanSo I will not miss that he was a man who was ensconced in the west and the west had him as his home for many years. Mr. Speaker, I would like just one last comment to say that I stand by the Minister’s tribute to the students who were …
So I will not miss that he was a man who was ensconced in the west and the west had him as his home for many years. Mr. Speaker, I would like just one last comment to say that I stand by the Minister’s tribute to the students who were in the Dual Enrolment project, but there were other students involved in that project as well and one of them was my constituent , Tamara Jackson, who actually is still in high school and is actually, I believe, not about to finish but is in M2 and has been a high achieving student for all of her career in school going all the way from primary school . She is a member of the CTY Programme at the college and is online as a second year high school student for getting her associate ’s degree before she finishes high school and even is scheduled to finish high school a year early. And she has been doing courses in calc ulus, arts, physics, creative writing, and is expected to do some great things upon her finishing. And she has had one of t he highest GPAs of a student of her year. [ Timer beeps]
The SpeakerThe SpeakerAll right. Thank you, Honourable Member.
The SpeakerThe SpeakerI turned the light off and I caught you.
Mr. Shawn G. CrockwellThank you. Mr. Speaker, I rise ( and I am surprised that the Minister of Education did not do this when he was on his feet, but I am glad he did not ) . . . I rise to acknowledge and congratulate my alma mater the Bermuda Institute for …
Thank you. Mr. Speaker, I rise ( and I am surprised that the Minister of Education did not do this when he was on his feet, but I am glad he did not ) . . . I rise to acknowledge and congratulate my alma mater the Bermuda Institute for winning this year’s KPMG Inves tment Challenge, which I understand was one of the toughest competitions in the last few years. This pa rticular competition has been going on for about seven years, Mr. Speaker, and they say that these six months were pretty gruelling. Only, I believe, three teams managed to finish with a profit in the virtual i nvestment stock market competition and I beli eve it was about 11 or 12 teams which participated. Not only did the Bermuda Institute finish first, it also finished second, Mr. Speaker . So it really bodes well to that school. But of course there were quite a few schools that participated, and they all did well. I want to commend them all. I would like to commend KPMG for hosting this event. It was the brainchild of Mr. Craig Bridgewater and Steve Green from KPMG. As the first place winner, which was called “Investables,” Bermuda Institute won $10,000; second place was $6,000; but their rules did not allow the same team to get both, so the second place award
B ermuda House of Assembly went to the Berkeley Institute, Mr. Speaker, and they should be commended as well. I would like to associate MP Jeff Sousa [and] MP Dennis Lister . I am sure the other alma maters, Minister Wayne Scott and Minister Craig Cannonier would also be associated and I saw the hand of MP Weeks as well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Hon ourable Member from constituency 5, MP Derrick Burgess. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would like for this House to send condolences to the family of Ms. Shirley Gibbons from Harlem in Bailey’s …
Thank you, Honourable Member. The Chair will now recognise the Hon ourable Member from constituency 5, MP Derrick Burgess. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would like for this House to send condolences to the family of Ms. Shirley Gibbons from Harlem in Bailey’s Bay. Ms. Gibbons was a rock our family and a rock in the AME Church in Hamilton Parish. In fact, she is from the mother church, St. John’ s AME Church (that is the mother church in Bermuda), and she was a rock there and a rock in the overall AME connection. So I know she will be sorely missed by family and people in the Bailey’s Bay, even the Bailey’s Bay Cricket Club. Also, Mr. Speaker, I would like to send congratulations out to Bishop Len Lendi , who was i nstalled on Saturday as a b ishop. He runs a church out there in Dockyard, I think, called Faith Tabernacle . . . Agape Faith. One of his school friends, Mr. Weeks, was not there, but I would like to associate Mr. Weeks and Mr. Lister with those remarks. [ Gavel] Hon. Derrick V. Burgess, Sr.: Mr. Speaker, also I would like to be associated with the remarks concer ning the students at Berkeley. In fact, those students, as well all know by now, they not only did the finals in the regular programme but they completed a two- year associate degree and those four students have been accepted in universities overseas. And I would like to also congratulate the teachers who supervised them in those studies , Mr. Speaker. So with that I will take my seat. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Minister for Economic Development Dr. Grant Gi bbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I would also like to be associated with the graduates of Bermuda College. The rain obviously did …
Thank you, Honourable Member. The Chair will now recognise the Honourable Minister for Economic Development Dr. Grant Gi bbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I would also like to be associated with the graduates of Bermuda College. The rain obviously did not dampen the spirits up there, as you will know, yes-terday afternoon. And I would like to be particularly associated with the congratulations to the Dual E nrolment students. I would also like to join with my colleague, the Minister of Education, on congratulating Breanna West. That Associates in Insurance Programme was set up in early 2014. I think it would be remiss not to mention Dr. Dawnnelle Walker and some of her colleagues from the private sector who helped put that programme together in 2014. So it is nice to see the results of that start to come to fruition. While I am on my feet I would like to extend, actually ask the House to extend, congratulations to Hiscox, a specialty insurer. They just celebrated 10 years in Bermuda. The CEO Jeremy Pinchi n, I think, has been quoted recently in the paper. They have done a very nice job of integrating themselves in the community and I think a lot of Honourable Members will be aware of the fact that they support the 11 and Under Youth Cricket Programme, I think there is a weekend coming up, I think it is June 4 th. They have also been sponsors of the Bermuda Cricket Team when it qualified for the World Cup as well. So they have done a lot to get more involved in the comm unity. I do not think it has been done, Mr. Speaker, but I think it is important to recognise the recent Ber-muda Insurance Institute Industry Awards. Stephen Catlin, who most will know as the gentleman who ran the Catlin Group for over 30 years which recently amalgamated with XL, was chosen for a Lifetime Achievement Award. Jeremy Cox was chosen as the Industry Leader of the Year, obviously, for his work on Solvency II. And there is a young lady, Victoria Cun-ningham, who was awarded the Young Industry Leader of the Year, and she is currently work ing for Tokio Millennium Re. So I would like to ask that con-gratulations be sent to all of them for their contribu-tions to the insurance sector in Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Dr. Gibbons. The Chair will have to recognise the Honourable Member from constituency 16, MP Weeks . He has been standing a long time . . . been trying to get the attention for a long time.
Mr. Michael A. WeeksThank you, Mr. Speaker. I would like to apologise to my senior, I was to sit down for him, but thanks for calling me. I would like to associate myself with the r emarks for Bishop Len Lendi . He and I were schoolmates at Berkeley Institute a time back …
Thank you, Mr. Speaker. I would like to apologise to my senior, I was to sit down for him, but thanks for calling me. I would like to associate myself with the r emarks for Bishop Len Lendi . He and I were schoolmates at Berkeley Institute a time back then. For him to have achieved this level of service to this comm unity, I really take my hat off to him and I humbly apologise for not being there with him, but I will make that up to him. 1756 20 May 2016 Official Hansard Report B ermuda House of Assembly [Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair]
Mr. Michael A. WeeksMadam Deputy Speaker, I would also like to have this House send co ngratulatory remarks to young Ms. Rebecca Heyliger for meeting the real Olympic standard B time last night in the Women’s 50 metre freestyle at our National Sports Centre. And she was taking part in the Bermuda N …
Madam Deputy Speaker, I would also like to have this House send co ngratulatory remarks to young Ms. Rebecca Heyliger for meeting the real Olympic standard B time last night in the Women’s 50 metre freestyle at our National Sports Centre. And she was taking part in the Bermuda N ational Long Course [Swimming] Championships . Madam Deputy Speaker, while I am on my feet I would also like to congratulate and have the House send congratulatory remarks to Mr. Earl Basden of IslandStats Ltd. Madam Deputy Speaker, I slandStats was founded May 24, 2005 so this year they will be cele brating 11 years of continuous service to Bermuda. Most times when it comes to sporting events and activities, Madam Deputy Speaker, I slandStats is definitely at the head of the pack when it is following the exploits of our local talent. I would like to associate the Junior Minister Kenneth Bascome from constituency 1 . . . and ever ybody on this side—everybody . The entire House, Madam Deputy Speaker , yes, would like to be assoc iated with the congratulatory remarks to Mr. Earl Basden. And with those few remarks, Madam Deputy Speaker, I will take my seat. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Member from constituency 6. You have the floor. Hon. Wayne L. Furbert: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I would like to be associated with the comments about Shirley Gibbons who passed away from Hamilton Parish, as my ho nourable colleague …
Thank you, Member. The Chair recognises the Member from constituency 6. You have the floor. Hon. Wayne L. Furbert: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I would like to be associated with the comments about Shirley Gibbons who passed away from Hamilton Parish, as my ho nourable colleague said, a well- known lady from Hami lton Parish, particularly from Hamilton East. I would also like to be associated with t he comments with regard to Bishop Lendi, Len Lendi if that is what you want to say. I grew up with Len Lendi , or he was behind me, at the church. W e attended the same church. And it is interesting , I look at all the ind ividuals who I grew up with in church and they either became bishops or pastors, I am the only one that did not become a b ishop or a p astor, but I guess I became a “ Minister ” and I guess that kind of compensates for itself. But I wish Bishop Len Lendi all the best, he deserves such an acknowledgement from his church and from Bishop Graves, who came from North Carolina to actually have the ceremony. I would also like to bring condolences to the family of the late Howard Cross. I would like to ass ociate all [of] the Members from both sides of t he House. Howard Cross, as you may know, was my first cousin. He was a well renowned . . . he played cricket, I never knew he played cricket, for Somerset Bridge and later played for the Rangers. And he was also a great tennis player. I believe the Honourable Member Trevor Moniz probably played against him . I know he is a great . . . H e also, in his later years, he taught at the Reefs. And one thing I did not know , he was a martial art ist. And the Honourable Member MP Weeks, I never knew he was a martial ar tist. I thought it was just me in this House that knew martial arts, but it looks like . . . it looks like — [ Inaudible interjections and laughter ]
An Hon. Member An Hon. MemberYou are misleading the House. Hon. Wayne L. Furbert: Madam Deputy Speaker, Madam Deputy Speaker, I am not misleading the House. I used to do martial arts, all right? [ Inaudible interjections and laughter ] Hon. Wayne L. Furbert: But he was pretty well up in the ranks in that …
You are misleading the House. Hon. Wayne L. Furbert: Madam Deputy Speaker, Madam Deputy Speaker, I am not misleading the House. I used to do martial arts, all right? [ Inaudible interjections and laughter ] Hon. Wayne L. Furbert: But he was pretty well up in the ranks in that position, so I just learned something about him. He also served 20 years in the prison service, working up there very diligently. But one thing about Howard, he had this very infectious smile. He had a smile that kind of grew on people. So he will be missed by our family, the Cross family from Somerset . I would like condol ences to go out to his family. I was fortunate enough to sing a song at the funeral and had everybody come to their feet, so it was a very good service. And again, I bring condolences on behalf of my family —the Cross family —from Somerset and some of us who live in Hamilton Parish. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members? The Chair recognises the Member from constituency 7. You have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. I also would like to be associated with the congratulations to Ms. Rebecca Heyliger, who last night reached the Olympic …
Thank you, Member. Are there any other Members? The Chair recognises the Member from constituency 7. You have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. I also would like to be associated with the congratulations to Ms. Rebecca Heyliger, who last night reached the Olympic qualifying B Standard in the 50 metre freestyle, which actually this the event was the first day of the Validus Bermuda National Championship at the National Aquatic Centre up there in Prospect. I think that is incredible and I believe this Ms. Heyliger is related to a schoolmate of mine, t he Heyligers who are very athletically inclined. So I just want to offer my congratulations to her. Keep up the good work!
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members? The Chair recognises the Member from constituency 36. You have the floor. B ermuda House of Assembly Hon. Michael J. Scott: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, in about 10 minutes one of our senior judges , Madam Justice Norma Wade …
Thank you. Are there any other Members? The Chair recognises the Member from constituency 36. You have the floor.
B ermuda House of Assembly Hon. Michael J. Scott: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, in about 10 minutes one of our senior judges , Madam Justice Norma Wade , will commemorate her retirement in a special sitting over across at the Dame Lois Browne -Evans Building. And I just rise to ask that this House send a warm thanks and congratulations to Madam Justice Wade for her service as a Registrar, I recall, of these courts . Then a Justice, a Puisne Judge, for our courts for a long and distinguished career where there was an interesting and necessary focus on family, family law and mediation. I would like to also congratulate the incumbent Registrar of the Supreme Court, Mrs. Shade Subair Williams, and to thank the outgoing Registrar, Mrs. Charlene Scott , for her service. And there is — [ Inaudible interjection] Hon. Michael J. Scott: Y es, thank you, Cole. I wish to associat e Shadow Minister Weeks with my remarks. Minister Simons has asked me to also rise and make mention, and I do so with great pleasure, of the movement to the branch of former Magistrate, Nicole Stoneham , and wish her well in her new role as a Justice of the Supreme Court. And I wish to associate the Minister of Culture, Mr. Sylvan Richards. Madam Deputy Speaker, very quickly, there were ordinations and celebrations of bishops in the last few days, notably, my colleague Mr. Derrick Burgess spoke of the elevat ion and ordination of Bishop Len Lendi and I wish to be associated with that co ngratulations. It was an elaborate and educational ser-vice, but I am really pleased to stand and congratulate Bishop Len Lendi and his wife, LaQuita, and wish them all well in this new phase. Last night at the holy cathedral , 20 years of bishopric service , by the Bishop Ewing Rattery was celebrated. And I wish to warmly congratulate Bishop Rattery and his wife, Jennifer , and the whole family for the excellent service . It is a lon g service to be serving as bishop for 20 years . Bishop Rattery’s elevation to the bishopric in this country was significant and encouraging at the time when it happened and it en-couraged all of us —this entire community. So I wish him well. I briefly wish to be associated with the cond olences to Mr. Howard Cross and Mr. Henry Talbot. I wish to ask that the House send condolences to the family of Mr. Gladwyn “Moe” Ming ; Mr. Bert Philpott , his wife , Ruth, and his children, Albert and Roshene . And that is it. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak? The Chair recognises the Minister from constituency 19. You have the floor. Hon. Jeanne J. Atherden: Sorry, Madam Deputy Speaker, I am playing catch up. First of all, I would like to send congratulations to all of …
Thank you, Member. Are there any other Members that would like to speak? The Chair recognises the Minister from constituency 19. You have the floor. Hon. Jeanne J. Atherden: Sorry, Madam Deputy Speaker, I am playing catch up. First of all, I would like to send congratulations to all of those establishments and supermarts who joined us when we launched “$aver the Flavour , Eat Well for Less .” Those are the MarketPlace; Lindos ; Supermart ; Arnold’s ; Harrington Hundreds ; Butterf ield & Vallis ; and Dunkley. And they are helping us put together a programme that the people of Bermuda will be able to save money and at the same time eat well and I think that that is important for us to recognise that. This will be part of an ongoing campaign, but the fact that they came on board was very significant. I also, Madam Deputy Speaker, would like to have condolences sent to the family of Colin Soares. Colin was a constituent of mine, but he also was the founder and owner of Soares Grocery and he was someone, I must admit, I enjoyed having some chats with him and we talked about things that had happened in the past. I would also like to have congratulations sent to Ras Mykkal for two reasons. Ras recently launched a book on butterflies and I must admit when you see the book you just want to go looking for all of the places where these butterflies are found. And especially significant was to know that some of them are found in the East End, you know — [ Inaudible interjection] Hon. Jeanne J. At herden: S omeone said most of them, but I am not sure. I am not going to get into that. I am a Somerset fan, but you never know. Also, Madam Deputy Speaker, I would like to have congratulations sent to the Nurses Association for two things. One, May is Nurses’ Year and I know the Shadow Minister of Health would like to be ass ociated with that. Not only was it good to see all the recognition that was done with respect to what nurses are doing, but also the fact that this year’s nurse for 2016 is Beverley How ell, and Beverley should be congratulated. She is one of those individuals who is always out there doing things in the community and reminding people how important health is for them. I would also like to have congratulations sent to the Department of Health. They, once again, organ-ised their “ Tea for Retired Nurses ” and we keep forgetting that there is a large component of nurses who have been, right from the very beginning, out there doing things to help the community. And last, but not least, Madam Deputy Speaker, I would like also to have congratulations sent to this young lady who just happens to be the second female Whip and the youngest House leader and I think it is very appropriate that we should ac-knowledge that —Nandi Outerbridge. Thank you. [Des k thumping] 1758 20 May 2016 Official Hansard Report B ermuda House of Assembly The Deputy Speaker: Thank you. Are there any other Members that would like to speak? The Chair recognises the Member from constituency 3. You have the floor.
Ms. Lovitta F. FoggoThank you, Madam Deputy Speaker. Firstly, I would like to be associated with the remarks regarding the Commencement Ceremonies at the Bermuda College and definitely want to speak to those students, in particular, who were highlighted for their stellar and high- performing academics at that respected institution. And also, on …
Thank you, Madam Deputy Speaker. Firstly, I would like to be associated with the remarks regarding the Commencement Ceremonies at the Bermuda College and definitely want to speak to those students, in particular, who were highlighted for their stellar and high- performing academics at that respected institution. And also, on top of that, highlight the fact that among the graduates we did ( and I am sure the Minister said so, but I was not here at that point in time) , have those who graduated with both . . . who will be graduating, come June, but have a dual status in that they have an associate’s degree as well as they will also be receiving their h igh school diploma. I think that it has to be said again because that speaks volumes to what is happening here in Bermuda in terms of education. And to have at least one of the four who did graduate with the dual status also be top perfor ming in his area, again, speaks volumes as to what is being done in our local schools. Madam Deputy Speaker, I would like to send out congratulatory remarks to the Bermuda Enter-tainment S howcase which took place about two weeks ago, which highlighted local talent that first was developed here in Bermuda and of whom many are now overseas performing. And I just want to say that if they can be hired in countries overseas, we certainly need to get them back here because their perfor mance was outstanding. And again, we had others who were highlighted —Gean Steed e, Ernst DeCost a, Shirley Dufour , and one other person . . . the gentl eman is blind . . . one other persons who, in particular, were highlighted for their efforts over the decades in terms of what they have done for local entertainment here in Bermuda. And it is certainly . . . I hope those who went there and even those who at the particular establishment, Southampton Princess, saw first -hand the type of talent we grow here in Bermuda. Madam Deputy Speaker, I just want to make brief mention that I get associated with the remarks from the Honourable Michael Weeks, he spoke about Earl Basden and IslandStats and, indeed, the job that he does , that is, Earl, is phenomenal. ( I do not think that is my three minutes. ) And I want to say condolences to Linda Foggo in St. David’s who is no longer with us. —
Ms. Lovitta F. Foggo—to send condolences to the Foggo family. The Deputy Speaker: Thank you. Are there any other Members? The Chair recognises the Member from constituency 1. You have the floor. Hon. Kenneth (Kenny) Bascome: Yes, thank you, Madam Deputy Speaker, short and brief. I thought that my friend across the wa …
—to send condolences to the Foggo family. The Deputy Speaker: Thank you. Are there any other Members? The Chair recognises the Member from constituency 1. You have the floor. Hon. Kenneth (Kenny) Bascome: Yes, thank you, Madam Deputy Speaker, short and brief. I thought that my friend across the wa y would acknowledge the Bailey’s Bay Cricket Club who just won the last BELCO Cup. The game was very interesting. Bailey’s Bay scored 127 and everyone was so sure that St. David’s would score that, but they knocked St. David’s down from 98. I am just asking that congratulations be sent.
The Deputy SpeakerDeputy SpeakerThank you very much. The Chair recognises the Member from constituency 13. You have the floor.
Mr. Diallo V. S. RabainThank you, Madam Deputy Speaker. I too would like to be associated with the co ngratulations to the Bailey’s Bay Cricket Club, which did win the last —unfortunately the last —BELCO Cup. Hopefully , BCB is able to find a sponsor so this can continue on. I t went from …
Thank you, Madam Deputy Speaker. I too would like to be associated with the co ngratulations to the Bailey’s Bay Cricket Club, which did win the last —unfortunately the last —BELCO Cup. Hopefully , BCB is able to find a sponsor so this can continue on. I t went from being the Camel Cup to the BELCO Cup. And Bailey’s Bay won the Inaugural Cup, I do believe, and now they have won the final one (if they do not get another sponsor ). I think it would be remiss of me not to mention that only the four top teams of the previous Domestic League qual ified to play in this Cup, and of those four teams, three of them hail from the Eastern C ounty. That is Clev eland County (formerly known as Tucker’s Town) Cricket Club, Bailey’s Bay and the St. David’s Cricket Club— [ Inaudible interjection]
Mr. Diallo V. S. Rabain—actually, sorry. And I would also li ke to be associated with the condolences to the family of Howard Cross. I know Janson, his son, very well who happens to be a co nstituent of mine and went to school with my wife. And, unfortunately , I was unable to …
—actually, sorry. And I would also li ke to be associated with the condolences to the family of Howard Cross. I know Janson, his son, very well who happens to be a co nstituent of mine and went to school with my wife. And, unfortunately , I was unable to make the ceremony, but I am glad the Member from [constituency] 6 showed up and represented for me. I would also like to be associated with the r emarks for the entertainment showcase. It was a phenomenal event, all that attended . . . I would like to associate the Member from [constituency] 6 as well, as he was there. A nd I have been also made to understand that there was more than an interest in some of the artists, because there were producers from overseas that were there and there have been three of them that have actually had informal conver sations, so I am hoping that could , you know , lend its way to something a little more substantive. Thank you, Madam Deputy Speaker.
B ermuda House of Assembly The Deputy Speaker: Thank you. Are there any other Members? The Chair recognises the Member from constituency 14. You have the floor.
Mr. Glen SmithThank you, Madam Deputy Speaker. I would also like to be associated with the congratulations sent to the committee that put t ogether the Agricultural Show. I was a participant, so I got to see the other side of how it all r an. And without the numerous volunteers who …
Thank you, Madam Deputy Speaker. I would also like to be associated with the congratulations sent to the committee that put t ogether the Agricultural Show. I was a participant, so I got to see the other side of how it all r an. And without the numerous volunteers who volunteer ed their time and their energy it would not have been a success today. So I would like to be associated with it. I would also like to give best wishes and congratulations to Heather Jacobs Matthews, the former Auditor General , on her retirement. I would like to associate the whole House and we wish her well. She deserves a wonderful long retirement without having to write reports on various issues that the accountants had put forward. I recently went to New York for the America’s Cup and I have to say it was an unbelievable feeling, particularly when you look at what the BTA put t ogether and also Gosling Brothers . It really shows you what that company has done to help put Bermuda on the map, not only mar keting the product. But I had the opportunity to be at the stand, their Tavern, every afternoon and in the morning, but somebody had to raise the flag. A nd also Andrew Holmes was involved with that too. I t was a great feeling to be there and to watch Bermuda’s flag being flown so high and so strong. And I suggest that if anybody has the opport unity, if you are travelling, the next event is in Chicago, and I gather that is just going to be just as spectac ular. And the New York Times had in the paper that over 100,000 spectators alone were watching the America’s Cup in New York. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you very much. Are there any other Members that would like to speak? Thank you. The Chair recognises the Deputy Oppositi on Leader. You have the floor.
Mr. E. David BurtThank you very much, Madam Deputy Speaker. Madam Deputy Speaker, I have a few notes of congratulations and I apologise if some of these may have already be en given as I was out of the Chamber for a small while during the Congratulatory and/or Obituary Remarks. But the first …
Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, I have a few notes of congratulations and I apologise if some of these may have already be en given as I was out of the Chamber for a small while during the Congratulatory and/or Obituary Remarks. But the first one is and I would associate the whole House if it has not yet been done, on the congratulations to the former Speaker of the House, Mr. Stanley Lowe, who last night received his OBE. Now, for those persons who do not support the British E m-pire (as there are many over on this side of the House), the fact of the matter is that until such time that it changes , that is the honour that is bestowed. And, of course, his long service to the people of this country was recognised and I think it is certainly an honour, with his long service in this House as being a Member from 1968 until 2012. In addition, I would like to have the House send a letter of congratulations to my constituent , Mrs. Linda Wilma Maureen Paynter , who last night, as well, was honoured with a Queen’s Certificate and Badge of Honour for her long efforts of philanthropic work. Additionally, I would like the House please to send a note of congratulations to another one of my constituents, and this is a young , Kairo Morton . And Kairo Morton is the grandson of one of the former Members of this House, Mr. Stanley Morton. Kairo Morton raised money and put on a programme at the West Pembroke School (he and two of his colleagues from Middle School went to West Pembroke, the school that he used to attend) and did a robotics pr ogramme with the students there and they raised money to procure robots and went through the whole thing of programming these robots .—And, yes, I will associate t he entire PLP side of the House because, of course, we would like to support the work which young Kairo Morton was doing. But it was a pleasure to attend . . . sorry, I will also associate the Minister of Health. But what was great was to see the young students at West Pembroke, how they responded and how they were exposed to this STEM education. And it would be our hope, of course, that instead of 11- year-olds having to raise money to put on events inside of our public schools to expose persons to the importance of STEM education at that age, that it would be more of a priority that we can get more funds for that purpose b ecause it was wonderful to see the projects which were done by these young people and the enjoyment and fulfilment they got. But they got lots of sponsors, they gave out lots of awards, they put together these r obots and it was an incredibly rewarding experience. I sincerely hope that we can send a letter of congratulations to Kairo Morton. His parents were proud, I know his grandparents were proud. I was proud and it was certainly a wonderful thing and it is great to see young kids taking that much care for the future of our country. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerAre there any other Members that would like to speak? The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Deputy Speaker. I would like to be associated with the congratulations just given by the Honourable Member and also congratulations to the Honours and Awards last 1760 20 …
Are there any other Members that would like to speak? The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Deputy Speaker. I would like to be associated with the congratulations just given by the Honourable Member and also congratulations to the Honours and Awards last 1760 20 May 2016 Official Hansard Report B ermuda House of Assembly night provided at Government House by His Excellency the Governor. I was quite curious, and I am sure my honourable colleague, Sylvan Richards , who was there and Minister Baron from another place would support these comments, it was good to see the for-mer Speaker of the House collect his OBE, I believe after probably 12 years of it being awarded. And I am glad to see after 12 years in the box in the closet it still had that shine to it. I also want to take this opportunity to congratulate MBE awardee, Dr. John Cann, for his excellent service, mainly through the Ministry of Health, and some of the great work he has done. I think the mosquito challenge was . . . a lot of the progress we have made was attributed to work that he and his colleagues did in the department. In addition to Mrs. Paynter who received the Queen’s Certificate and Badge of Honour, Charles Webb, perhaps one of the most dapper dressers we have seen, a constituent of the Honourable Social Development Minister, was awarded the Queen’s Cer-tificate. And then there was a list of Long Service Awards in the Bermuda Police Service, in the Ber-muda Police Reserves, in Bermuda Fire Rescue Service, and in the Bermuda Regiment there were commissions. And so it is appropriate that we recognise all of those and certainly in those Long Service Awards, and congratulate them for their dedication to the safety and security of the people of Bermuda. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Premier. If there are no other Members that would like to speak to Congrats and Obits, I would like the House to recognise a Member that sat in this honour-able place who is no longer with us. So if we could have a moment of silence in recognition …
Thank you, Premier. If there are no other Members that would like to speak to Congrats and Obits, I would like the House to recognise a Member that sat in this honour-able place who is no longer with us. So if we could have a moment of silence in recognition of Dr. Cl arence James, if everyone would stand to their feet, it would be greatly appreciated. [The House p aused for a moment of silence]
The Deputy SpeakerDeputy SpeakerThank you. Everyone have their seat. We will now move to the next on our Order Paper. MATTERS OF PRIVILEGE
The Deputy SpeakerDeputy SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The Deputy SpeakerDeputy SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The Deputy SpeakerDeputy SpeakerThe Chair recognises the Ho nourable G. E. Gibbons. You have the floor. FIRST READINGS PARTNERSHIPS AND COMPANIES AMENDMENT ACT 2016 Dr. the Hon. E. Grant Gibbons: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I am introducing the following Bill for its first reading so that it may be …
The Chair recognises the Ho nourable G. E. Gibbons. You have the floor. FIRST READINGS PARTNERSHIPS AND COMPANIES AMENDMENT ACT 2016 Dr. the Hon. E. Grant Gibbons: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meet-ing: Partnerships and Companies Amendment Act 2016.
The Deputy SpeakerDeputy SpeakerAre there any objections? No objections. The next on the Order Paper, we would again recognise the Honourable P. J. Gordon- Pamplin. You have the floor —ah! There is going to be a change? Hon. Trevor G. Moniz: Madam Deputy Speaker, I will hold this on her behalf.
The SpeakerThe SpeakerPlease proceed. RENT INCREASES (DOMESTIC PREMISES) CO NTROL AMENDMENT ACT 2016 Hon. Tre vor G. Moniz: Madam Deputy Speaker, I am introducing the following Bill for its first reading so it may be placed on the Order Paper for the next day of meeting: Rent Increases (Domestic Premises) Control Amendment …
The Deputy SpeakerDeputy SpeakerThank you. The Chair will also recognise yourself for the next one. LIQUOR LICENCE AMENDMENT ACT 2016 Hon. Trevor G. Moniz: Thank you. I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: Liquor …
The Deputy SpeakerDeputy SpeakerThe Chair recognises the De puty Leader of the Opposition. FIRST READING STATUTORY INTEREST RATE AMENDMENT ACT 2016
Mr. E. David BurtGood afternoon, Madam Deputy Speaker. Pursuant Standing Order 28 I rise to seek the leave of the House to introduce a Bill for its first reading by its title only, the Statutory Interest Rate Amendment Act 2016, and ask that it be placed on the Order Paper for the next …
The Deputy SpeakerDeputy SpeakerThank you. Any objections? No, no, sorry, the Chair recognises the Attorney General. Hon. Trevor G. Moniz: This is not on the Order P aper. We had not received any notification of it.
The Deputy SpeakerDeputy SpeakerIt does not need to go on the Order Paper as per our Standing Orders. Hon. Trevor G. Moniz: So that is true of everything? Nothing needs to go on the Order Paper?
The Deputy SpeakerDeputy SpeakerWhen it comes to introduction of Bills. Thank you. ORDERS OF THE DA Y
The Deputy SpeakerDeputy SpeakerThe Chair recognises . . . we will be doing the first order —not 1, 2, 3—the first order on the Order Paper will be the second reading of the Human Rights Amendment (No 2) Act 2016. The Chair recognises the substantive Mini ster. You have the floor. BILL SECOND …
The Chair recognises . . . we will be doing the first order —not 1, 2, 3—the first order on the Order Paper will be the second reading of the Human Rights Amendment (No 2) Act 2016. The Chair recognises the substantive Mini ster. You have the floor.
BILL
SECOND READING
HUMAN RIGHTS AMENDMENT (NO. 2) ACT 2016
Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. I move that the Bill entitled Human Rights Amendment (No. 2) Act 2016, which has been recommended by the Gover nor, be now read the second time and committed.
The Deputy SpeakerDeputy SpeakerThank you, Member. Please proceed. Hon. Sylvan D. Richards, Jr.: Madam Deputy Speaker, I am very pleased to lead the debate on the Bill entitled the Human Rights Amendment (No. 2) Act 2016. Madam Deputy Speaker, the World Health Organi zation states that globally one in four people will be …
Thank you, Member. Please proceed. Hon. Sylvan D. Richards, Jr.: Madam Deputy Speaker, I am very pleased to lead the debate on the Bill entitled the Human Rights Amendment (No. 2) Act 2016. Madam Deputy Speaker, the World Health Organi zation states that globally one in four people will be affected by mental disorders at some point in their lives. Around 450 million people currently suffer from such conditions, placing mental disorders among the leading causes of ill health and disability worl dwide. People with mental health problems say that the social stigma attached to mental ill health and the di scrimination they experience can make their difficulties worse and harder to recover from. Madam Deputy Speaker, people with mental health problems are amongst the least likely of any group with a long- term health condition or disability to find work, be in a steady long- term relationship, live in decent housing, and be socially included in mai nstream society. This is because society in general has stereotyped views about mental illness and how it af-fects people. Madam Deputy Speaker, for far too long this segment of our population has been denied protection under the Human Rights Act. While persons with a physical disability have had protection against di scrimination for many years, the population of persons with a mental impairment have not. Madam Deputy Speaker, this Bill adds mental disability as a protected ground of discrimination. This means that persons who have or have had a mental impairment , and the impairment has a substantial and long-term adverse affect on that person’s ability to carry out normal day -to-day activities, will be afforded protection from discrimination in regard to emplo yment, goods, services, facilities and accommodation. Madam Deputy Speaker, as regards the terms “substantial,” “long term,” and “adverse affect” the i ntention is to issue guidelines under section 14B of the Human Rights Act, which will provide definitions and illustrative examples of what constitutes mental di sability. For example, “ long term ” would include most mental illnesses, episodic mental illness, and learning disabilities. Madam Deputy Speaker, the guidelines will also set out certain condit ions which are not to be r egarded as mental impairments for the purpose of the Act. This will assist employers and Human Rights Tr ibunals in making a determination as to whether a per-son suffers from a mental impairment. Human Rights Tribunals will also ha ve the ability to secure an opi n1762 20 May 2016 Official Hansard Report
Bermuda House of Assembly ion from a registered medical practitioner as to whether a person is suffering from a mental impai rment since the Commissions of Inquiry Act 1935 applies to the hearing of complaints. The Commissions of Inquiry Act provides tribunal members certain po wers of the Supreme Court and has done so for many years. Madam Deputy Speaker, there is a perception that amending the Act to add mental disability as a protected ground of discrimination will negatively i mpact businesses as they will have to hire people with mental illness. Madam Deputy Speaker, I wish to clarify that Schedule 1 of the Human Rights Act, that is the Unreasonable Hardship Provisions, will extend to mental disability. As a reminder for Honourable Members, the Unreasonable Hardship Provisions seek to ensure that persons are not hampered in securing employment or in functioning at the work place be-cause of a disability if it is possible for the circumstances of the employment to be modified, without causing unreasonab le hardship on the employer. However, clause 4 of Schedule 1 specifically states that: “an employee with a disability, who is unable to perform essential functions of a job (with or without reasonable adjustments), is not a qualified employee.” Basically b usinesses do not have to employ someone who cannot do the job. Madam Deputy Speaker, the Bill also adds an obligation to the Unreasonable Hardship Provisions which will require employers to take into account the safety of other employees when determining whether a modification would impose unreasonable hardship. Madam Deputy Speaker, the Bill adds a Schedule 2, which contains a list of Statutory Prov isions which will have e ffect, notwithstanding the H uman Rights Act. To illustrate, the Bill lists the Firearms Act 1973 as one which will prevail over the Human Rights Act. Currently , the Firearms Act states that no person shall be granted a licence if he or she is of un-sound mind. That means that a person who has a mental impairment would be denied the opport unity to license a firearm. Should Schedule 2 not be included, a person who has a mental impairment could apply to license a firearm and if or when he is denied, submit a complaint to the Human Rights Commission on the grounds that he was denied a good bec ause he is mentally disabled. This Schedule will continue to e nsure that the Firearms Act has effect notwithstanding the Human Rights Act 1981. Madam Deputy Speaker, the other Statutory Provisions listed in the new Schedule 2 of the Bill all have clauses which make references to persons with a mental disorder/unsound mind or similar terminology and must remain in effect for the benefit and security of society as a whole. Madam Deputy Speaker, the Human Rights Act currently prohibits the publication of rac ist material and racial incitement only on the grounds of colour, race, ethnic or national origins. All other grounds such as sex, sexual orientation, marital status, disability, family status, religion or beliefs, or political opinions and criminal record are not included. This Bill adds all the protected grounds, meaning that in the future per-sons who experience incitement , and/or are the su bject of publicised discriminatory material , are pr otected. Madam Deputy Speaker, a recent Human Rights Tribunal decision noted that the definition of a “public place” in the Human Rights Act only refers to outdoor public places. This Bill expands the definition of a “public place” to include any other premises or place to which the public has access, whether on paymen t or otherwise, so that in the future persons who experience incidents of incitement, promotion of ill will or hostility in a public place will be protected. Madam Deputy Speaker, although it has been a long time coming, today we join with numerous other jurisdictions in providing basic human rights pr otection against discrimination for persons with a men-tal impairment. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you very much. Are there any other Members that would like to speak to the B ill? The Chair recognises the Member from constituency number —
The Deputy SpeakerDeputy Speaker—Constituency 16. And, sorry, I have left my glasses behind, so do bear with me.
Mr. Michael A. WeeksNo problem, Madam Deputy Speaker. Good afternoon, Madam Deputy Speaker. We on this side applaud this Bill. And like the Member who just sat down, this Bill is long overdue so we are playing catch- up and now we will be on par with most of the w estern civilised …
No problem, Madam Deputy Speaker. Good afternoon, Madam Deputy Speaker. We on this side applaud this Bill. And like the Member who just sat down, this Bill is long overdue so we are playing catch- up and now we will be on par with most of the w estern civilised countries, so I definitely a pplaud it. But I just have one comment that I would like to recommend that with this mental health insertion in the Human Rights Bill that Government take the bull by the horns and they be the forerunner , they be the flagship in hiring people with mental iss ues, mental disabilities. So let us encourage the government to take the lead in hiring people who are having these issues. And also, Madam Deputy Speaker, I would like to suggest that the penalty for discrimination with the mental health and/or other disc riminatory practices . . . we have to take a look at the penalties. The penalties need to be increased and in such a way that they become a deterrent to people that engage in discrim inatory practices.
Bermuda House of Assembly So with those few remarks, Madam Deputy Speaker, as I s aid, I think we on this side support this Bill. Thank you.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members that would like to speak to the Bill? The Chair recognises the Government Whip. You have the floor.
Mrs. Nandi OuterbridgeThank you, Madam Deputy Speaker. Madam Deputy Speaker, I stand in support of this Bill today . I am glad that everyone in this Chamber actually supports this Bill because the significance of the Government passing this Bill today cannot be overemphasised. Even though Bermuda is a small community, I …
Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I stand in support of this Bill today . I am glad that everyone in this Chamber actually supports this Bill because the significance of the Government passing this Bill today cannot be overemphasised. Even though Bermuda is a small community, I am sure every last one of us has encountered somebody with mental illness at some point. And I was able to obtain some preliminary st atistics —local preliminary statistics —that show that between the years of 2013 and 2015, over 600 per-sons were either in treatment or had open files for mental illnesses. And also through those same years, 2013 to 2015, over 400 of those persons that were being treated for mental illness were employed. And Madam Deputy Speaker, these numbers are probably not even so accurate, because I am sure there are many unreported cases of mental illness . But I will get into that a little later. While I was looking for some statistics I was also able to come across some facts from the World Health Organi zation which showed that in 2015 one in four people in the world were affected by a mental disorder at some point in their lives. Around 450 mi llion people currently suffer from some form of mental disorder. Madam Deputy Speaker, from these numbers it just shows how important it is for us to protect from discrimination these sorts of people and how even more important it is for us to raise public awareness and change people’s attitudes towards people with mental illness. A quote from the former President Bill Clinton says, “Mental illness is nothing to be ashamed of, but stigma and [bias] shame us all.” This Bill will finally put Bermuda on the path that the public will finally start acknowledging the real ities of mental illness in this community. Too often the stigma that surrounds mental illness deters people from getting treatment. It is shown that even where treatment is available, Madam Deputy Speaker, nearly two-thirds of people with a new mental disorder never seek any form of help for this. When it comes to mental illness it is also noted that people do not automat ically stop and help persons that are going through an episode of mental illness. Unfortunately, they are not as prone to help somebody as if someone got in an accident on the street or som eone fell down from a heart attack. They usually shy away or avoid the inc ident altogether. I believe much of this stigma can be prevented through public awareness and people with these conditions feeling very protected. With public awareness , people would no longer have to fear the stigmatism of going to get treatment, or how they will be treated. I think when people hear “ mental illness ” they think automatically somebody who is crazy or somebody that is not all there in the head. But Madam Deputy Speaker, it is shown that these are people that . . . people with mental disorders are people that we can work with every day. They live next to us, are our neighbours, we correspond with them almost on a daily basis. And some people that are suffering from mental illnesses suffer from eating disorders, learning disabilities, personality disorders, OCD (which a lot of women tend to suffer from), as well as depression. I will tell you a story. When I was putting t ogether my comments for today , I was actually asking a few people how they feel about mental illness . And I was surprised at some of the responses that I had gotten. One person told me that they had to deal with their father going to work every day, coming home and dealing with depression and nobody really e ver knew . He never got treatment for it and the person witnessed their father try to take his own life because of depression. I was also talking to another young lady who I would never have thought had a mental illness . And she said that no, she does not disclose the fact that she has a mental illness anymore out of fear of how people treat her once she does disclose that inform ation. So with that it is important for the Government, for organisations, family members and other stakeholders to play an import ant role in unifying the public and pr otecting these people. So I am grateful f or those listening in on the radio today and those in our Gallery for groups like the Mental Health Foundation, the Disabi lity Advisory Council, and Windreach who I know are keen for this Bill to be passed today. This Bill is leading us down the right path and I commend the Minister and his Ministry and the Human Rights Commission for all the hard work they put into bringing this impo rtant Bill to the House today and promoting an d protecting people with mental illnesses. And with that I will take my seat, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak to the Bill? The Chair recognises the Member from constituen cy 34. You have the floor.
Ms. Kim N. WilsonThank you, Madam Deputy Speaker. 1764 20 May 2016 Official Hansard Report Bermuda House of Assembly I would like to join in with my colleague the Honourable Shadow Minister of Health with respect to commending the Government for bringing this Bill. We all acknowledge that it is well overdue . …
Thank you, Madam Deputy Speaker. 1764 20 May 2016 Official Hansard Report
Bermuda House of Assembly I would like to join in with my colleague the Honourable Shadow Minister of Health with respect to commending the Government for bringing this Bill. We all acknowledge that it is well overdue . However, some people say better late than never. I think that one of the roles that we have as parliamentarians is to ensure that we pass legislation that is aimed at ensuring, as best as possible, protection for those of our vulnerable persons. Having heard that, the World Health Organi zation has effectively said that the statistics suggest that one in four person in their lifetime will suffer from a mental impairment, I think that it is critical that we take steps to recognise that this is in existence in our community and that we ensure, as best as possible, that those persons are not discriminated against. Unfortunately, there still remains a stigma in Bermuda against persons that have mental illness and that stigma, obviously, will lead to stereotypes, prejudice and discrimination. So the passage of this legislation at hand will help to r educe that. I do, however, note with disappointment that we are amending the Human Rights Act in two areas , but, unfortunately , the Human Rights Act is not being amended as it relates to the issue of age discrimina-tion. We still have an issue in Bermuda where it is not a protected category with respect to employment and people can be discriminated against legally on the basis of age in the area of empl oyment. So I am disappointed that al though we are amending the legislation to deal with two areas of di scrimination, I am disappointed that the [Bill] is not g oing a little bit further to address the issue of age di scrimination in the employment sector. B ut perhaps that will come. I do have a couple of observations with r espect to the wording of the Bill. In particular par agraph— well, no, let me make it general . We are tal king about a “mental impairment .” And I am a little bit concerned because the mental impairment is effectively referring to the Mental Health Act 1968 which is almost older than me. It is a very, very outdated piece of legislation that seriously is in need of reform, r epeal, amendments, throw it up and start all over. We really , really need to address that. And I say that for a number of reasons . For example, Madam Deputy Speaker, here we are passing legislation which will make it unlawful to discriminate against persons with mental impai rment, yet we have a court system that, unfortunately, the magistrates’ hands are tied in that if someone pr esents themselves before the court clearly suffering from a mental impairment, the courts do not have powers to order that person to be sectioned so to speak or to be placed in NWI for observation so as to secure best their personal welfare and their safety. You will recall a few years ago we had a situation where a person , regrettably , committed suicide whilst in custody without having the benefit of having r eceived the requisite treatment. I think t hat one of the things that we certainly have to look at as a community when we are dealing with issues concerning mental health is the fact that that legislation does need to be looked at and the fact that magistrates . . . if I wanted to, under section 9 . . . section 8 of the Mental Health Act (not that I would) but as the next of kin to my husband, I could make an application and say it is an emergency, he needs to be sectioned. And the reality is that a family member, next of kin, has that power . And, f urther to that, the person can be sectioned for a period up until 28 days. So I am not saying that that unfortunately could be subject to abuse because, of course, there are situations in our community where people will lie and mi srepresent the truth. But I am using that as an analogy insofar as but yet we have a court system that can clearly see that someone coming before the courts has a mental illness or a mental impairment and the courts have no power to require that that person receive treatment. Yes, they can get the treatment after they have had two psychologists’ reviews, et cetera, et cetera, and that, as you know, can take quite a substantial amount of time. So that is just one of the suggestions. The other one that I would like to speak to real quickly is, again, concerning the [Bill] . And when we look at the definition that is being prescribed in this under “mental impairment” and it is referring specif ically back to the Act, I wonder why the Government decided to define “mental impairment” . . . I guess so widely where they failed to at least include intellectual impairment, psychological and developmental impai rment. A lot of jurisdictions who have actually amended their legislation to include the prohibition of discrimination on the grounds of m ental impairment go on to say and mental impairment includes intellectual, psychological and developmental impairment . We have not gone that far and I wonder why we have not included those types of grounds or that extension with respect to the definition so as to make it more encompassing to recognise that those three areas are also examples of mental impairment which, of course, should be pr otected under the legislation as well. However, let me end where I started. I do commend the Government for bringing this legislation. It is overdue and I think it will serve to protect one in four members in our community and their families. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members? The Chair recognises the Member from constituen cy number . . . if you can help me out here?
Mr. Shawn G. CrockwellThirty -one. Bermuda House of Assembly The Deputy Speaker: Thirty -one. Thank you very much.
Mr. Shawn G. CrockwellThank you, Madam Deputy Speaker. Madam Deputy Speaker, I rise as well to a pplaud the Minister —the current Minister, the former Minister, Minister Patricia Gordon- Pamplin who did all the heavy lifting as it relates to this particular amendment , for bringing this amendment to this body today. I …
Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I rise as well to a pplaud the Minister —the current Minister, the former Minister, Minister Patricia Gordon- Pamplin who did all the heavy lifting as it relates to this particular amendment , for bringing this amendment to this body today. I am very glad to hear the support of the Opposition. I heard the Shadow Minister applaud the Bill and state that this brings us in line with the rest of the Western world. The Honourable and Learned Member who just took her seat was disappointed that this Bill did not also include age discrimination. I share tha t Honourable Member’s disappointment and I am sure that the Government will get around to that as well, Madam Deputy Speaker. I am going to get to those comments in a mi nute, but let me just say that I am pleased that we are broadening the Human Rights Ac t to include mental impairment or mental disability. Mental illness is, i ndeed, a taboo subject in most societies , and you will find that people have a natural tendency to shy away from an individual who may be suffering from a mental impairment. As a result of that . . . and it is a fear, Madam Deputy Speaker . It is a fear that we have (those who may not be suffering from it ). We develop a fear of the things we do not know and the things we do not understand. And I think societies have done a poor job in explaining mental illness and in trying to drill down on the importance of providing the necessary care and therapy for those who suffer from men-tal illness. We are talking about the stigmatisation of having a mental illness. I can recall . . . we all know (I still call it St. Brendan’s , I do not call our institution MAWI ) . . . but we all grew up about St. Brendan’s and you could not have a greater stigma than St. Bre ndan’s. I had a family member one time who had a nervous breakdown, Madam Deputy Speaker, and is as sane as anybody else, as bright as anybody else, as accomplished as anybody else, you know, a pr ofessional , and who knows what was going on in that individual’s life at the time. They had a nervous breakdown, they had to go to St. Brendan’s, they got treatment and they were discharged and were fine. But because they had to go to St. Brendan’s there was the stigmatisation. And that still exists, Madam Deputy Speaker, today. So imagine how many people who may have been dealing with a nervous breakdow n situation g oing through something in their lives —a tragic incident, a stressful incident —and they needed some help, they needed some therapy, but because of that stigma they did not get it. And who knows what adverse i mpact that had on their lives. So I think that we have to have an educational process as we amend this legislation to protect those with mental impairment, we have to also continue to provide the necessary education to the community so that we can alleviate and certainly dilute the stigmat isation that exists out there as it relates to this issue. The Minister who presented the Bill talked about the challenges this may bring with employers — and it will. As an attorney , I can tell you that in the UK, who passed legislation some time ago in this regard, it has created a whole industry of employment law in the UK because employers are loat h at times to hire someone that may present a danger to their wor kplace environment or who may not be able to perform at a certain level. Business is business. People are in business to make money and the like; you want pr oductive individuals . So it has really created a niche area of the law in the UK because it has created a lot of complex legal issues. So that is a significant challenge. But we ca nnot shy away f rom that . We cannot shy away from providing the necessary protections for individuals because it may, indeed, create a challenge. We have to deal with the challenge, we have to address the challenge, and employers need to get up to speed on what they need to do in order to comply. But we are here today because this body, Madam Deputy Speaker, is the body whose number - one job is to ensure that we eradicate all forms of di scrimination that exist in our society. That is the number-one objective, in my opinion, of this body. And when we see discrimination in any form in our community it is our responsibility to identify it and to eradi-cate it. That is the purpose of Human Rights legisl ation, to ensure that all people have equality under the law. And so when I hear the Opposition stand up ( and I am grateful for that ) and throw their support behind this and even say , Well, why don’t we have amendments as it relates to age discrimination? You will know, Madam Deputy Speaker, there are other issues out there in relat ion to discrimination as well that are very contentious, that cause protests, that is even causing a referendum, Madam Deputy Speaker. Ha ving a referendum to make a decision as to whether or not we should provide equality under the law. But yet we are quic k to say , Let’s support this . Let’s make sure that we get age discrimination done as well . No problem with that. We cannot cherry -pick human rights issues, Madam Deputy Speaker. We cannot do that. It is wrong. Our job is to eradicate di scrimination and yo u cannot say , Well, you know what ? That discrimination is okay . Let’s shy away from doing the right thing there. Let’s put it off to somebody else. Despite the fact that we are elected and charged to be leaders in this country , we feel that it is okay som etimes to not be human rights advocates when it suits our personal agenda. So, I say well done to the former Minister, to the current Minister, for bringing this legislation here. 1766 20 May 2016 Official Hansard Report
Bermuda House of Assembly But I hope that in the future Honourable Members in this House will have the same approach and provide the same support when we seek to eradicate discrim ination in all forms. Even if you do not like it, it is our job, Madam Deputy Speaker . And as we need to enlarge this to include age discrimination, we need to enlarge this to incl ude discrimination against those of same -sex relations because that is our job. So we do not have the luxury, we may think we do, but we do not have the luxury to pick and choose when to do the right thing. Thank you, Madam Deputy Speaker.
[Desk thumping]
The Deputy SpeakerDeputy SpeakerThank you, Learned Member. Are there any other Members that would like to speak to the Bill? The Chair recognises the Minister from constituency . . . I cannot see to read. Hon. Patricia J. Gordon -Pamplin: Twenty -three.
The Deputy SpeakerDeputy SpeakerThank you, constituency 23. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, I do not believe that any one of us could express ourselves more el oquently than my honourable colleague who just took his seat. And in such …
Thank you, constituency 23. You have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, I do not believe that any one of us could express ourselves more el oquently than my honourable colleague who just took his seat. And in such a vein , I will not even try. But I can say that it was a pleasure for me to be able to work on this legislation in helping to craft what we now have in front of us today for debate. I wish to acknowledge and app laud the efforts of the Human Rights Department led by Lisa Reed and Jane Brett because when we talk about things respecting human rights and things of discrimination they have been absolute champions in advocating for that cause. And I think today as we bring forward Human Rights amendments to protect mental health , it is quite important for us to recognise, Madam Deputy Speaker, that there was a lot of consultation that went into reaching the stage where employers could feel comfortable that they were not going to be put in a position of having to hire someone if that individual was not fit for the job. And I think that if I wish to do nothing else, it is to underscore that fact , that fitness for the job will always remain the criteria by which an employee will be measured. So we will not discrim inate against people. Mental health can be shrouded. It can be shrouded in the secrecy because of embar-rassment, because of the stigma (as we have heard other Members allude to), but we need to be able to let people know that as a community, as a society, that we acknowledge that they are us because, Madam Deputy Speaker, there but for the grace of God goes any one of us. And for that purpose I am so pleased to support Minister Richards, the Honourable Member, as he brings and pilots this legislation through this honour-able House. And recognising that we heard this is a long time coming, I always smile when I hear that coming from the Opposition. It is almost —
[Inaudible interjections] Hon. Patricia J. Gordon -Pampli n: It almost defies comment because these are things that were not touched for an awful long time. But we, as this Go vernment , have bitten the bullet, we are bringing this forward, and we are ensuring that these things come to the fore and that the protect ions that are necessary are being afforded to the people who might otherwise be impacted. So as we continue to debate and we will do the clause by clause at the appropriate time, I just want to thank the Ministry staff —the Human Rights segment —under the gu idance of the Permanent Secretary , Wayne Carey, who has worked assiduously to ensure that this legislation has reached the stage it has reached today. And, yes, when it looks to other things such as age discrimination, these are things that have to be done in bite -size bits because what you cannot do is race to effect something and find out that there are unintended consequences that may not have been anticipated at the time that the legislation went through. So with that in mind, Madam Deputy Speaker, I think that to do this in segments, to move cautiously, a former Premier in this Honourable House used to say, You have to make haste slowly . I think there are times when that might be appropriate. And I believe that to ensure that we get it right the first t ime around is one of those opportunities. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members that would like to speak to the Bill that is before us, the Human Rights Amendment (No. 2) Act 2016? The Chair recognis es the Minister of Health. You have the floor. Hon. Jeanne J. Atherden: Thank you, Madam Deputy Speaker. I think …
Thank you. Are there any other Members that would like to speak to the Bill that is before us, the Human Rights Amendment (No. 2) Act 2016? The Chair recognis es the Minister of Health. You have the floor.
Hon. Jeanne J. Atherden: Thank you, Madam Deputy Speaker. I think that I would just like to round- off this discussion by acknowledging the fact that as we started to recognise that it was important to put m ental illness under the umbrella of things that we should not discriminate against people for, it was also very important for us to recognise that when you started to look at disabilities, that when we are making the changes with respect to defining disabi lities it is also to make sure that we recognise that this is something that we
Bermuda House of Assembly want to make sure that we are preparing for and gi ving help and assistance to those persons who are di sabled. And the disability covers the range of illnesses and, therefore, m ental health is also one of those things. There was a question that was raised earlier and I just want to round this off as well to remind Members of the House that in our Throne Speech we had indicated —and if you do not mind, Madam Deputy Speaker, I will just read this.
The Deputy SpeakerDeputy SpeakerPlease proceed. Hon. Jeanne J. Atherden: “The Government will also review the Mental Health Act to ensure it remains in line with international best practices.” And then also it said, “Several reviews have been conducted over the past 10 years, but the logi stics of identifying local supporting resources has …
Please proceed.
Hon. Jeanne J. Atherden: “The Government will also review the Mental Health Act to ensure it remains in line with international best practices.” And then also it said, “Several reviews have been conducted over the past 10 years, but the logi stics of identifying local supporting resources has been challenging. The Government will commit to identif ying the resources needed to revamp the Mental Health Act and to identify a forensic psychiatric sol ution ap propriate for the Island’s size and resources.” I just want to indicate that we are progressing with that and, therefore, it also adds to what my prev ious colleague just said a minute ago. It does not make sense discussing these things if you do not . . . if you turn around and make sure that you cannot be discriminated against for mental illness, unless you turn around and do the things to make sure that persons who are suffering from this get the appropriate help and we put the things in the right perspective. I also just want to indicate that it is very important when you start talking about fitness for the job to make sure that persons do get fit for the job and make sure that it is not what I call a perpetual . . . a thing that you are in it for life, but something that indicates that you are able to recover and actually be able to turn around and take your rightful place as a contributor to society. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members that would like to speak to the Bill? There are no other Members. The Chair recognises the substantive Minister of Social Development and Sports, the Honourable S. D. Richards. You have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. …
Thank you. Are there any other Members that would like to speak to the Bill? There are no other Members. The Chair recognises the substantive Minister of Social Development and Sports, the Honourable S. D. Richards. You have the floor.
Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. I would like to thank Members on both sides for their passionate comments on this matter. I noted the observations of m y good friend from constit uency 16, MP Weeks, and will take them definitely u nder consideration. Honourable Learned Member from constit uency 34, MP Kim Wilson, I have to concur that age discrimination is on my radar and it is something that I will be taking up with my permanent secretary and those who are going to be involved in this and I will confer with my colleagues to get their views o n the matter. But I too also believe that it way past time that we dealt with that particular issue. In terms of the other observations that were made I do want to highlight that in my brief it mentions that guidelines are going to be prepared, once the legislation is passed, with regard to what forms of mental disability will be protected under the Human Rights Act. These guidelines are being worked on and they will provide robust examples to support and clarify the amendment. And I must note that this wi ll be a significant step forward towards evolving our approach to mental health in Bermuda. I feel very honoured and pleased to be able to stand here today to move this legislation forward. I have only been in this Ministry for one week and I have to give credit to the prior Minister who did most of the heavy lifting on this in her capacity as Minister , and also all of the technical staff who spent many, many hours consulting and reviewing this particular piece of legislation. I had the opportunity to meet with the technical folks and I was impressed—very i mpressed— with the level of consultation that has been put into bringing this legislation to where it is today. The business community was consulted extensively —the Chamber of Commerce, the Bermuda Employ ers’ Council, NGOs, the Mid Atlantic Wellness Institute . So I am very sure that many eyes have gone over this legislation and debated it, concerns have been expressed, concerns have been addressed. So with that being said, Madam Deputy Speaker, I thank everyone, once again, for their con-tribution and I move that this Bill be now committed.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member. The Chair now . . . we will now go into Committee and the Chair recognises the Acting Committee Chair from constituency 14, Mr. G. C. Smith. [Pause] House in Committee [Mr. Glen Smith, Chairman] COMMITTEE ON BILL HUMAN RIGHTS AMENDMENT (NO. 2) ACT 2016
The ChairmanChairmanGood afternoon, Honourable Members. 1768 20 May 2016 Official Hansard Report Bermuda House of Assembly We are now in Committee of the whole House in further consideration of the Bill entitled Human Rights Amendment (No. 2) Act 2016 . I call on the Minister in charge to proceed. Ministe r, …
Good afternoon, Honourable Members. 1768 20 May 2016 Official Hansard Report
Bermuda House of Assembly We are now in Committee of the whole House in further consideration of the Bill entitled Human Rights Amendment (No. 2) Act 2016 . I call on the Minister in charge to proceed. Ministe r, you have the floor.
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. If you would indulge me just for a minute, I have just been informed, and I have to mention that Mr. Michael Hanson, who is the outgoing Chair of the Human Rights Commission, was actively involved with the prior Minister in bringing this legislation to fruition. So I wish to extend my personal thanks and appreci ation to Mr. Hanson, and I wish him best regards in his future endeavours. Mr. Chairman, I would like to move clauses 1 through 6.
The ChairmanChairmanProceed. Hon. Sylvan D. Richards, Jr.: Thank you. Clause 1 confers title on this Bill as the H uman Rights Amendment (No. 2) Act 2016. Clause 2 amends section 2. It repeals and replaces the definition of “disabled person.” The existing definition is now set out in paragraph (a), and …
Proceed.
Hon. Sylvan D. Richards, Jr.: Thank you. Clause 1 confers title on this Bill as the H uman Rights Amendment (No. 2) Act 2016. Clause 2 amends section 2. It repeals and replaces the definition of “disabled person.” The existing definition is now set out in paragraph (a), and the new additional definition to include mental impairment as a ground of discrimination is added as paragraph (b). It also add s the Mental Health Act 1968 in subsection (3) to provide that the rights of a person or authority conferred by the Mental Health Act 1968 is not to be restricted by the rights conferred by the Human Rights Act on a person with a mental impairment. Clause 3 amends section 8A. It deletes the existing heading “Publication of r acial material and racial incitement prohibited” and a dds a new one, “Publication of discriminatory notices, etc .” It adds all the grounds of discrimination in subsections (1) and (2), which are “colour, criminal record, except where there are valid reasons relevant to the nature of the particular offence for which he is convicted that would justify the difference in treatment, disability, ethnic or national origins, family status, marital status, place of origin, race, or religion or beliefs or political opinions, sex or sexual orientation” to ensure that persons who experience incitement or are the subject of publicised material are protected. It deletes and substitutes subsection 3(a) as the existing subsection 3(a) is no longer applicable due to the addi tion of subsection (3)(aa). Subsection 3(a) now states that the meaning of “public meeting” is the same as in the Public Order Act 1963 only. Public meeting includes any meeting in a public place and any meeting in any place in which the public, or any sec tion thereof, are permitted to attend whether on payment or otherwise. It also adds a new subsection 3(aa) to ensure that the definition of public place is consistent with the definition used in the Criminal Code Act 1907, which includes any prem-ises or pl ace that the public has access whether on payment or otherwise. Clause 4 amends section 30B. The existing subsection (1) is now set out in subsection (1)(a) a llowing for the primacy of the Act unless the statutory provisions is to have effect, notwithstanding this Act. And a new subsection (1)(b) is added to provide a Schedule 2, which lists Statutory Provisions to have effect despite the rights conferred by the principal Act on persons with a mental impairment. It also adds a new subsection (1A) to allow the Minister, by affirm ative resolution, to amend Schedule 2 by adding or deleting the list of Acts. Clause 5 amends Schedule 1 section 3(c) by adding a provision so that employers must take into account the safety of other employees when determi ning wheth er a modification would cause unreasonable hardship. Clause 6 inserts Schedule 2. It adds Schedule 2 which provides a list of statutory provisions or acts of Parliament which will have effect, despite the rights conferred by the principal Act on persons with a mental impairment.
The ChairmanChairmanDoes any other Member wish to speak to these clauses? I notice the Honourable Member from constituency 16, Mr. M. A. Weeks, Shadow Minister of Health, Community and Sports. You have the floor, sir.
Mr. Michael A. W eeksThank you, Mr. Chairman. Like we said when we had the general debate, we on this side support the Act. And I would just like to encourage the Government to continue to make amendments to the Human Rights Act as it is going to give more and more prot ections. …
Thank you, Mr. Chairman. Like we said when we had the general debate, we on this side support the Act. And I would just like to encourage the Government to continue to make amendments to the Human Rights Act as it is going to give more and more prot ections. But one thing I would like to say is that when it comes to mental health, I have been intimately i nvolved with the Mental Health Court over the last cou-ple of years and I see one of the proponents in the House right now, in the Gallery, so I cannot not mention how she has been such an advocate, Ms. Kelly Madeiros, for the Mental Health Court. And I think that now that we are recognising the effects of mental health and knowing that it affects one in four of us, we really have to get serious in getting the Mental Health Court up and running and staffed and financed the way it should be to assist those of our society that need that assistance. But having said that, Mr. Chairman, all should just like to continue to encourage the Government that with this new amendment, let us lead from the front and be the forebear s of hiring those people, those among us that may be suffering from mental disabil ities. Thank you, Mr. Chairman.
The ChairmanChairmanThank you. Bermuda House of Assembly Does any other Member wish to speak? I notice the Honourable Member from constituency 13, Mr. Diallo Rabain. You have the floor.
Mr. Diallo V. S. RabainThank you, Mr. Chairman. The question I have, Mr. Chairman, is from the amendment and we are talking about clause 3 section (b). And Mr. Chairman, this a mendment will change the Human Rights Act to now read, and with your indulgence I will quote from 8A(1): “No person shall, …
Thank you, Mr. Chairman. The question I have, Mr. Chairman, is from the amendment and we are talking about clause 3 section (b). And Mr. Chairman, this a mendment will change the Human Rights Act to now read, and with your indulgence I will quote from 8A(1): “No person shall, with intent to incite or pr omote ill will or hostility against any section of the public distinguished by” —and the amendment is to change the listing of categories there. One of the categories there is “criminal r ecord” but it also goes on to say “criminal record (except where there are valid reasons relevant to the na-ture of the particular offence for which he is convicted that would justify the difference in treatment).” Now my query on that is, what offence could be possible that you are allowed to discriminate against someone? Because if, as far as I know, Mr. Chairman, we send our people to prison to be rehabil itated and integrate d back into society. But what we are saying here is that it is going to be okay if you do not like the particular offence they were convicted of, served their time and came out of jail, if you do not like that offence you are allowed to discriminate. So my question to the substantive Minister is, what are those offences and who gets to determine which one of those offences falls outside of the pr otection of the Human Rights Amendment?
The ChairmanChairmanDoes any other Honourable Member wish to speak to this? [Inaudible interjection]
The ChairmanChairmanSorry? [Inaudible interjection]
The ChairmanChairmanI just want to let the public know that the Minister is getting answers to your question, Honourable Member.
Mr. Diallo V. S. RabainAnd, if I may, it is actually . . . that amendment, Mr. Chairman, is in two locations in the Bill where they are going to add “criminal record” and that caveat. So the same argument applies to both sections.
The ChairmanChairmanHonourable Member? Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. If I understand the Honourable Member’s question correctly, I believe the answer is that there will be . . . the legislation does allow for, for want of a better word, “discrimination” in certain ins tances if a …
Honourable Member? Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. If I understand the Honourable Member’s question correctly, I believe the answer is that there will be . . . the legislation does allow for, for want of a better word, “discrimination” in certain ins tances if a person has been convicted of a certain criminal act. For example, there is an individual in our society who was convicted of , say, paedophilia then that individual would be prohibited from doing certain jobs in Ber-muda, such as teaching or [wor king at a] nursery school. So it does allow, in certain circumstances, even though the person has been convicted, has done their time in prison if they were given a custodial sentence, it still allows for that individual to be not allowed to be employed in certain situations, certain job cat egories. I do not know if that answers the question or not. I think it does.
The ChairmanChairmanThank you. I recognise the Honourable Member from constituency 13. You have the floor.
Mr. Diallo V. S. RabainMr. Chairman, I think we are getting this a little confused. I am not talking about employment; I am talking about the amendment to section 8A which is an amendment to the publication of discriminatory notices, et cetera. So what I am sa ying is if you are going to …
Mr. Chairman, I think we are getting this a little confused. I am not talking about employment; I am talking about the amendment to section 8A which is an amendment to the publication of discriminatory notices, et cetera. So what I am sa ying is if you are going to pub lish something that di scriminates against someone because of their criminal record, what part of the . . . what offences are allowed to be listed in that publication? We are not talking about employment. E mployment was handled by the first part of the amendment. This part, and I will repeat, amends section 8A, which . . . what it says now is, “Publication of racial material and racial incitement prohibited.” We are now changing the title of that to read, “Publication of di scriminatory notices, et cetera” and we are expanding the protections, the individuals that are protected u nder that portion, of the Human Rights Amendment. But what we are doing is we are adding “criminal record” and then we are saying if you are convicted of a certain offence you are allowed to be discriminated against. It has nothing to do with employment. So my question is, and it stands, what offences are allowed to be discriminated against if all you are doing is dealing with publications of discrim inatory notices?
The ChairmanChairmanHonourable Members, he is just getting some advice from his technical officers. [Pause]
The ChairmanChairmanHonourable Minister, you have the floor. 1770 20 May 2016 Official Hansard Report Bermuda House of Assembly Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. What I would like to do is advise the Honourable Member w ho is asking the specific question that after the debate I …
Honourable Minister, you have the floor. 1770 20 May 2016 Official Hansard Report
Bermuda House of Assembly Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. What I would like to do is advise the Honourable Member w ho is asking the specific question that after the debate I can present him with a list of the categories that will be affected by this particular clause.
The ChairmanChairmanHonourable Member from constit uency 13?
Mr. Diallo V. S. RabainMr. Chairman, am I correct in asking that the Minister is asking us to approve a law that lists . . . that will, theoretically, discriminate against someone because of a criminal offence that they may have committed? And we are to approve that and then get to see what …
Mr. Chairman, am I correct in asking that the Minister is asking us to approve a law that lists . . . that will, theoretically, discriminate against someone because of a criminal offence that they may have committed? And we are to approve that and then get to see what is on that approval list? That is absolutely ludicrous. We cannot do that. It ei-ther has to be included in this Bill or take that portion out.
The ChairmanChairmanHonourable Member? Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. Unfortunately, the technical person who can advise us on this portion of the Bill is off -Island and I am unable to contact him at this time.
The ChairmanChairmanHonourable Member from constit uency 13?
Mr. Diallo V. S. RabainThen, Mr. Chairman, I ask that the Honourable Minister rise and report on this Bill until that technical person can present that list so that we can be assured that this Act which we are asked to pass today, that we are all in favour of, is being done correctly. …
Then, Mr. Chairman, I ask that the Honourable Minister rise and report on this Bill until that technical person can present that list so that we can be assured that this Act which we are asked to pass today, that we are all in favour of, is being done correctly. We had to listen to Members earlier, Members on the other side talk about how amendments to this Act have to be done piecemeal and in bits so we do not have to come back and correct it later. What the Member is asking us to do is to pass a Bill that is i ncomplete and then hope that the technical officer brings us back things that will then make the Bill u nderstood better than what we understand it today. So I ask the Member to rise and report.
The ChairmanChairmanThank you, Honourable Member. [Pause]
The ChairmanChairmanI just want to let the listening audience know that we are back getting . . . the Minister is getting technical advice from his advisors. [Pause] Hon. Sylvan D. Richards, Jr.: Mr. Chairman. The Chairman: Honourable Minister? Hon. Sylvan D. Richards, Jr.: I am conferring with my technical folks …
I just want to let the listening audience know that we are back getting . . . the Minister is getting technical advice from his advisors. [Pause] Hon. Sylvan D. Richards, Jr.: Mr. Chairman. The Chairman: Honourable Minister? Hon. Sylvan D. Richards, Jr.: I am conferring with my technical folks and they would like for the Honourable Member to repeat the question one more time, please.
The ChairmanChairmanHonourable Member from constit uency 13, can you repeat your question?
Mr. Diallo V. S. RabainYes, Mr. Chairman. Mr. Chairman, the Human Rights Amendment (No. 2) Act 2016 will amend section 8A of the Human Rights Act. Section 8A deals with, as it stands now, the “Publication of racial material and racial incitement prohibited.” So now the clauses of 8A will now read: “(1) No …
Yes, Mr. Chairman. Mr. Chairman, the Human Rights Amendment (No. 2) Act 2016 will amend section 8A of the Human Rights Act. Section 8A deals with, as it stands now, the “Publication of racial material and racial incitement prohibited.” So now the clauses of 8A will now read: “(1) No person shall, with intent to incite or promote ill will or hostility against any section of the public distinguished by . . . criminal record (except where there are valid reasons relevant to the nature of the particular offence for which he is convicted that would justify the differenc e in treatment), disability, ethnic or national origins, family status, marital status, place of origin, race, or religion or beliefs or political opinions, sex or sexual orientation.” So, the question is what offences shall be listed that allows a person to be discriminated against on the basis of inciting or promoting ill will or hostility? Secondly, in clause 2 we have the same amendment of 8A which states, “No person shall, with intent to incite another to commit a breach of the peace, or having reaso n to believe that a breach of the peace is likely to ensue, do any act calculated to incite or promote ill will or hostility against any section of the public” including “criminal record” —and again — “(except where there are valid reasons relevant to the nature of the particular offence for which he is convicted that would justify the difference in treatment).” Again, these clauses have nothing to do with employment. They have everything to do with inciting ill will. So what criminal record does a person hav e to be allowed to be discriminated against under these particular clauses? That is the question. And if the Minister . . . if the technical officers and the Minister cannot produce a list we cannot pass this Bill.
The ChairmanChairmanThank you, Honourable Member from constituency 13. [Pause] Hon. Trevor G. Moniz: Mr. Chairman.
The ChairmanChairmanHonourable Member, I acknowledge the Attorney General. Hon. Trevor G. Moniz: Thank you.
The ChairmanChairmanYou have the floor. Bermuda House of Assembly Hon. Trevor G. Moniz: I come late to this ques tion that the Honourable Member has asked, but this is open- ended here which is, I think, the Honourable Member’s concern. It is open- ended here . But I think at the …
You have the floor.
Bermuda House of Assembly Hon. Trevor G. Moniz: I come late to this ques tion that the Honourable Member has asked, but this is open- ended here which is, I think, the Honourable Member’s concern. It is open- ended here . But I think at the other end it would have to be legislated. For example, if Government wanted to publish a li st, if there were to be a public list of sex offenders, that that would be permitted by another piece of legislation and it would not breach this legislation. Do you see what I am saying, Mr. Chairman? So you are talking about publication of material, so you might have, for example, the publication of a list of sex offenders . Should this House decide to do that , it would have to be provided by another piece of legi slation. So what this is saying, to my mind, what this is saying [is] if this is allowed in a nother piece of legisl ation—I do not know that there are any provisions at the moment in any other piece of legislation, but the only one that I can see is the publication of one that comes immediately to mind, is a publication . . . if you decide to have a public register of sex offenders, which at the moment we do not have. But I think this may be making provision for that. Do you understand that? Does the Honourable Member understand that? Does that seem like it makes some sense?
The ChairmanChairmanHonourable Member from constit uency 13.
Mr. Diallo V. S. RabainThank you, Mr. Chairman, and I am guided, but I will say I do understand what the Honourable Attorney General is saying, but we do not have that list to date. And when the list is pr oduced and that legislation is put forward, that legisl ation can then marry …
Thank you, Mr. Chairman, and I am guided, but I will say I do understand what the Honourable Attorney General is saying, but we do not have that list to date. And when the list is pr oduced and that legislation is put forward, that legisl ation can then marry up to this piece of legislation and we can deal with it at that point. So what the Member is saying is if I do not like someone who has been convicted of , say, stealing bikes, I can produce a li st and say everyone can show up to my function but people who have been convicted of stealing bikes. Again, as the Attorney General said, it is open- ended. Where does it end? Who decides what an offence is that is applicable here? Who makes that decision i n the way it is written now? It is open- ended and unless we produce a list that says sexual orientation . . . oh, not sexual orient ation, but paedophilia can be added to a list for di scrimination, then let us put that in, not just leave it open- ended as it is now. Thank you.
The ChairmanChairmanThank you. Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. Thank you for your indulgence. The legislation as it is currently written does not provide for a list, does not call for a list. The Tribunal can make t hat decision or the Human Rights Commission will make …
Thank you.
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. Thank you for your indulgence. The legislation as it is currently written does not provide for a list, does not call for a list. The Tribunal can make t hat decision or the Human Rights Commission will make that decision, so there is not hing in the legislation that calls for a specific list.
The ChairmanChairmanThank you, Honourable Minister. Honourable Member from constituency 13.
Mr. Diallo V. S. RabainMr. Chairman, my opposition remains, all right? Because there is no list who makes that decision? What . . . how can the Tribunal tell me that I should not be offended by bike thefts versus paedophilia? Who makes that decision? Why is one given more weight than another if …
Mr. Chairman, my opposition remains, all right? Because there is no list who makes that decision? What . . . how can the Tribunal tell me that I should not be offended by bike thefts versus paedophilia? Who makes that decision? Why is one given more weight than another if it is my per sonal opinion? And this is what we are dealing with here. I have asked the Honourable Minister if we can rise and report . We have all stood here and said that we agree with the legislation, this part is too open- ended for us to move forward with it, in my opi nion. I do not think we should pass something and say , Well I hope it’s right , at some point and then we have to come back and amend it at a later date. Let us get it right the first time. Thank you.
The ChairmanChairmanThank yo u, Honourable Member. [Pause]
The ChairmanChairmanJust for the edification of the listening audience we are still getting technical advice to the Honourable Member’s questions from constit uency 13. [Pause]
The ChairmanChairmanI notice the Honourable Minister from constituency 7. You have the floor. AMENDMENTS TO CLAUSE 3 Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. After extensive consultation with my technical people, we agree that the clause that the Honourable Member is referring to is redundant because it is …
I notice the Honourable Minister from constituency 7. You have the floor.
AMENDMENTS TO CLAUSE 3
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. After extensive consultation with my technical people, we agree that the clause that the Honourable Member is referring to is redundant because it is co ntained in the principal Act. Therefore, we would like to amend it as follows: In clause 3(a) delete all the words from “except” to “treatment.” And in clause 3(c) . . . so clause 3(b) we are going to delete all the words from “except” to “treatment” and in clause 3(c) delete all the words from “except” to “treatment.”
The ChairmanChairmanDoes anybody else wish to speak to that proposed change or amendment?
Mr. Diallo V. S. RabainMr. Chairman, I would like to thank the Minister for understanding my disquiet with 1772 20 May 2016 Official Hansard Report Bermuda House of Assembly that, and I am glad that we could come to a resolution on it. I accept the amendment.
The ChairmanChairmanThank you, Honourable Member. Would anybody else like to speak to this? I notice the Honourable Attorney General. You have the floor. Hon. Trevor G. Moniz: Mr. Chairman, just to clarify, I have come in on the tail end of this , but there are valid reasons to publish that …
Thank you, Honourable Member. Would anybody else like to speak to this? I notice the Honourable Attorney General. You have the floor. Hon. Trevor G. Moniz: Mr. Chairman, just to clarify, I have come in on the tail end of this , but there are valid reasons to publish that someone has a criminal r ecord. For example, if someone comes into court for committing an offence and they are convic ted, when it comes to sentence the m agistrate or the j udge will say, Does this person have any previous criminal convictions? And the prosecution is required by law to say, Yes, they do. On the ( blank ) day of (blank ) he was convicted of this criminal offence, on the ( blank ) day of ( blank ) he was convicted of that criminal offence. And of course the media or anyone else is entitled to publish that information because it is a matter of public record and legitimate public interest. So you would not want a situ ation where the judges and the magistrates and the prosecutors could not do their jobs by not being able to say that someone has a criminal record for quite legitimate reasons. I do not know if that is what the drafter was trying to get at , and I think the actual drafter is not here so he cannot explain exactly where he was going with the words. So there is a concern and I have spoken to the Honourable Member from [constituency] 34, the Honourable Member Kim Wilson, on the matter and we do have that concern. That there are l egitimate reasons which, I think, is why the words were in there in the first place. So if we take this out and it stops the courts from doing their jobs, they will be on us like a ton of bricks to put something back in and we will be her e next week.
The ChairmanChairmanThank you, Honourable Member. Does somebody else wish to speak to this amendment in clause 3? I notice the Honourable Member S ylvan Ric hards. You have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. I woul d like to move that [clause] 3(b) be amended …
Thank you, Honourable Member. Does somebody else wish to speak to this amendment in clause 3? I notice the Honourable Member S ylvan Ric hards. You have the floor.
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman. I woul d like to move that [clause] 3(b) be amended by deleting, and I am quoting from the legi slation: “except where there are valid reasons relevant to the nature of the particular offence for which he is convicted that would justify the difference in treatment .” That is between the brackets. And I would also like to move that [clause] 3—
The ChairmanChairmanDo you want to do one at a time? Hon. Sylvan D. Richards, Jr.: Do one at a time, yes.
The ChairmanChairmanIs there any objection to that amendment? Some Hon. Member s: No.
The ChairmanChairmanCarry on. Hon. Sylvan D. Richards, Jr.: Okay, it is so amended. Mr. Chairman, I would also like to move that [clause] 3(c) be amended by deleting: “(except where there are valid reasons relevant to the nature of the particular offence for which he is convicted that would justify the …
The ChairmanChairmanAny objection to that amendment? Agreed to. [Motion carried: Amendments to clause 3 passed.] Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Chai rman, so amended. Mr. Chairman, I would like to move the preamble.
The ChairmanChairmanLet us move clauses 1 through 6, as amended. Hon. Sylvan D. Richards, Jr.: Yes, I would like to move clauses 1 through 6, as amended.
The ChairmanChairmanAny objections? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 6 passed as amended.] Hon. Sylvan D. Richards, Jr.: Mr. Chairman, I would like to move the p reamble.
The ChairmanChairmanIs there any objection to the p reamble? No objections to the p reamble. Hon. Sylvan D. Richards, Jr.: Mr. Chairman, I move that the Bill be reported to the House.
The ChairmanChairmanIs there any objection to the Bill being reported to the House?
An Hon. Member An Hon. MemberAs amended? Bermuda House of Assembly The Chairman: As amended. No objections. Agreed to. [Gavel] [Motion carried: The Human Rights Amendment (No. 2) Act 2016 was considered by a Committee of the whole House and passed with amendments.] [Pause] House resumed [Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair] …
As amended?
Bermuda House of Assembly The Chairman: As amended. No objections. Agreed to.
[Gavel]
[Motion carried: The Human Rights Amendment (No. 2) Act 2016 was considered by a Committee of the whole House and passed with amendments.] [Pause]
House resumed [Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair]
REPORT OF CO MMITTEE
HUMAN RIGHTS AMENDMENT (NO. 2) ACT 2016
The Deputy SpeakerDeputy SpeakerThank you, Members. It has been moved that the Human Rights Amendment (No. 2) Act 2016, as amended, be sub-mitted as approved. Any objections to that motion? No objections. Agreed to. [Gavel]
The Deputy SpeakerDeputy SpeakerThe next order on our Order Paper is the Bill entitled International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 in the name of the Minister of Finance. I call on the Minister to proceed. Minister, yo u have the floor. BILL SECOND READING INTERNATIONAL COOPERATION (TAX INFORM ATION EXCHANGE …
The next order on our Order Paper is the Bill entitled International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 in the name of the Minister of Finance. I call on the Minister to proceed. Minister, yo u have the floor.
BILL
SECOND READING
INTERNATIONAL COOPERATION (TAX INFORM ATION EXCHANGE AGREEMENTS) AMENDMENT ACT 2016
Hon. E. T. (Bob) Richards: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I am pleased to pr esent to Honourable Members for consideration the Bill entitled the International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016. The purpose of the Bill is to amend the defin ition of “agreement” in the Act. Madam Deputy Speaker, it is currently the view of some within Bermuda’s legal fraternity that the present definition of “agreement” in the Act may be challenged in the courts as the UK cannot conclude an international treaty with its Overseas Territories and Crown Dependencies for which the UK has international responsibility. Further, lawyers in Bermuda can advise cl ients in receipt of a production order, which is the way we get . . . we basically force companies to give i nformation by way of production order, if they are in receipt of a production order to refuse to comply with the demand from the Minister of Finance to produce the information requested, especially if the request is from the UK under our TIEA with the UK, as well as under the UK FATCA [ Foreign Account Tax Compl iance Act ] and with the BEPS ( which stands for Basic Erosion Profit Shifting) related UK/Bermuda Common Reporting Standard and country by country reporting. All of these things which are developing as we go forward in international cooperation, anything that has to do with the UK may be called into question because it is considered by many that Bermuda cannot effect uate an international agreement with the UK. Madam Deputy Speaker, the Attorney General’s Chambers is of the opinion that recipients of production orders could successfully c hallenge the order as it presently stands. Hence, this amendment will eliminate such a challenge, saving time and expense, and more importantly the OECD will see that the Act includes a TIEA arrangement with the UK. Madam Deputy Speaker, we are currently preparing for the forthcoming OECD Review Asses sment Period of our Compliance Regime as it pertains to us maintaining international standards under our TIEA agreements, and to fulfil our role in requests for information. Madam Deputy Speaker, while on my feet I will take this opportunity to advise Honourable Mem-bers that I will be proposing a floor amendment on another matter under this Act, which I shall deal with in Committee. With those few introductory remarks, Madam Deputy Speaker, I would now like t o read this Bill for the second time and invite any Members to join in the debate.
The Deputy SpeakerDeputy SpeakerThank you very much. Are there any Members that would like to . . . the Chair recognises the Deputy Opposition Leader. You have the floor.
Mr. E. Dav id BurtThank you very much, Madam Deputy Speaker. Madam Deputy Speaker, I thank the Minister of Finance as it is . . . typically for such . . . I would call it housekeeping amendments and minor changes to the regime which supports our international busi ness sector and our international …
Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, I thank the Minister of Finance as it is . . . typically for such . . . I would call it housekeeping amendments and minor changes to the regime which supports our international busi ness sector and our international reputation, that we work hand in hand and the amendments which he has pr oposed enjoy the full support of this side of the House.
The Deputy SpeakerDeputy SpeakerThank you, Member. 1774 20 May 2016 Official Hansard Report Bermuda House of Assembly Are there any other Members that would like to speak to the Bill? The Chair recognises the substantive Mini ster, the Finance Minister. You have the floor. Hon. E. T. (Bob) Richards: Madam Deputy Speaker, I …
The Deputy SpeakerDeputy SpeakerIt has been moved that the Bill be commit ted. I call on the Member from constituency 14. [Pause] House in Committee (Mr. Glen Smith, Chairman) COMMITTEE ON BILL INTERNATIONAL COOPERATION (TAX INFORM ATION EXCHANGE AGREEMENTS) AMENDMENT ACT 2016
The ChairmanChairmanGood afternoon, Honourable Members. We are now in Committee of the whole House for further consideration of the Bill entitled Intern ational Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 . I call on the Minister in charge proceed. Minister, you have the floor. Hon. E. T. (Bob) Richards: Thank …
Good afternoon, Honourable Members. We are now in Committee of the whole House for further consideration of the Bill entitled Intern ational Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 . I call on the Minister in charge proceed. Minister, you have the floor.
Hon. E. T. (Bob) Richards: Thank you, Mr. Chai rman. Mr. Chairman, the International Cooperation Bill amends the International Cooperation (Tax Information Exchange Agreements) Act 2005, which I will refer to as the principal Act, in order to confirm certain matters relating to Bermuda’s Tax Information E xchange Regime. Clause 1 provides the short title of the Bill. Clause 2 amends section 2 of the Act to clarify what constitutes an agreement under the Act. This clause confirms, for the avoidance of doubt, that an agreement entered into by Bermuda with the United Kingdom or with any British Overseas Territory or Bri tish Crown Dependency, constitutes an agreement as defined under the Act. The floor amendment, Mr. Chairman, will e nsure that I, as Minister of Finance, have the power to make regulations to assist our industry stakeholders for the emerging BEPS -related and OECD regimes for automatic exchange of information.
NEW CLAUSE 2A Hon. E. T. (Bob) Richards: So I am proposing a new clause 2A and that is as follows: “2A The Internat ional Cooperation (Tax Information Exchange Agreements) Act 2005 is amended by inserting after section 11 the following new section” and this is to state as follows — “Regulations “12 (1) The Minister may make such regul ations as he considers expedient for carrying the purposes and provisions of this Act into effect. “(2) Regulations made by the Minister u nder subsection (1) shall be subject to the negative resolution procedure.”
And Mr. Chairman, clause 3 amends section 7 of the Act to confirm that the s tatutory defence in that section also applies in relation to the automatic ex-change of information. Those are all the clauses, including the f loor amendment, Mr. Chairman.
The ChairmanChairmanWe do not have copies. [Pause]
The ChairmanChairmanFor the listening audience, we are waiting to get copies of the amendments that have been put forward. And once we get them we will r esume. Thank you. [Pause] Hon. E. T. (Bob) Richards: Well, right now, Mr. Chairman, I am inviting other Members to speak to all the …
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 3 as amended? I notice the Honourable Member from —
Mr. E. David BurtJust so we do not have to come back and do this again, do we not have to go through the clauses, then the amendment, and then vote on the amendment, and go through the other clauses? [Inaudible interjections] Berm uda House of Assembly Mr. E. David Burt: Okay. So …
Just so we do not have to come back and do this again, do we not have to go through the clauses, then the amendment, and then vote on the amendment, and go through the other clauses?
[Inaudible interjections]
Berm uda House of Assembly Mr. E. David Burt: Okay. So what are we doing right now? We are doing . . . clause 1 is done already , so we are doing the amendment in clause 2? Because I know he read everything, but you have to propose additional amendments, correct? Hon . E. T. (Bob) Richards: We can do clauses 1 and 2.
The ChairmanChairmanClauses 1 and 2? We move that they be approved? [Cro sstalk]
The ChairmanChairmanAny objections to clauses 1 and 2? No objections. [Mot ion carried: Clauses 1 and 2 passed.] Hon . E. T. (Bob) Richards: Mr. Chairman, I move now clause 2A and clause 3. [Inau dible interjection] Hon . E. T. (Bob) Richards: I just moved clause 2A, that is the …
The ChairmanChairmanWe still have not got copies of that. [Pause]
The ChairmanChairmanI call on the Minister. If you could just move that a mendment again please, now that we have the documentation in front of us. Thank you. Hon . E. T. (Bob) Richards: Thank you, Mr. Chai rman. I am moving the amendment, which is [clause] 2A, which states the …
I call on the Minister. If you could just move that a mendment again please, now that we have the documentation in front of us. Thank you. Hon . E. T. (Bob) Richards: Thank you, Mr. Chai rman. I am moving the amendment, which is [clause] 2A, which states the following. I t has a heading: “Regulations “12 (1) The Minister may make such regul ations as he considers expedient for carr ying the purposes and provisions of this Act into effect. “(2) Regulations made by the Minister u nder subsection (1) shall be subject to the negative resolution procedure.”
The ChairmanChairmanThank you, Minister. I notice the Honourable Shadow Minister. You have the floor.
Mr.
E. David BurtThank you very much. I appreciate the Minister’s amendment and we have no objection.
The ChairmanChairmanThank you, Honourable Member. I call on the Minister. [Motion carried: New clause 2A passed.] Hon . E. T. (Bob) Richards: Thank you. I assume that that is now approved and I will ask for the approval of clause 3, Mr. Chairman. And clause 3 amends section 7 of the …
Thank you, Honourable Member. I call on the Minister. [Motion carried: New clause 2A passed.] Hon . E. T. (Bob) Richards: Thank you. I assume that that is now approved and I will ask for the approval of clause 3, Mr. Chairman. And clause 3 amends section 7 of the Act to confirm that the statutory defence in that section also applies in relation to the automatic exchange of infor-mation.
The ChairmanChairmanDoes any other Member wish to speak to this clause, clause 3? Minister, you have the floor. Hon . E. T. (Bob) Richards: Thank you, Mr. Chai rman. So I move that all clauses be approved, as amended, and that the Committee report to the House . . . the …
The ChairmanChairmanIt has been moved that clauses 1 through 3 be amended— [Inau dible interjections]
The ChairmanChairman[Clauses] 1 through 3, as amended, be approved. Is there any objection to that motion? There is no objection. Agreed to. [Gav el] [Mot ion carried: Clauses 1 through 3 passed as amended.]
The ChairmanChairmanThe preamble ? Hon . E. T. (Bob) Richards: Sorry, Mr. Chairman, I move the p reamble.
The
ChairmanChairmanIt has been moved that the preamble be approved. Is there any objection to that motion? No objection. Agreed to. [Gav el] Hon. E . T. (Bob) Richards: I move the Bill be r eported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Is there any objection to that motion? No objection. Agreed to. 1776 20 May 2016 Official Hansard Report B ermuda House of Assembly [Gavel] [Motion carried: The International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 …
It has been moved that the Bill be reported to the House as amended. Is there any objection to that motion? No objection. Agreed to. 1776 20 May 2016 Official Hansard Report B ermuda House of Assembly [Gavel] [Motion carried: The International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 was cons idered by a Committee of the whole House and passed w ith amendment.] [ Pause] House resumed [ Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair] REP ORT OF COMMITTEE INTERNATIONAL COOPERATION (TAX INFORM ATION EXCHANGE AGREEMENTS) AMENDMENT ACT 2016
The Deputy SpeakerDeputy SpeakerMembers, it has been moved that the Bill entitled International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 be approved, as amended, and reported to the House. Are there any objections to that motion? No objections. Agreed to. [ Gavel]
The Deputy SpeakerDeputy SpeakerNext on our Order Paper is [Order] No. 10 and that order is Consideration of the Draft Regulations entitled the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016. I call on the Minister in charge and that is the Member from constituency 1. You have the floor. DRAFT ORDER …
Next on our Order Paper is [Order] No. 10 and that order is Consideration of the Draft Regulations entitled the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016. I call on the Minister in charge and that is the Member from constituency 1. You have the floor. DRAFT ORDER HOTELS CONCESSION (TUCKER’S POINT HOTEL AND RESORT) ORDER 2016 Ho n. Ken neth (Kenny) Bascome: Thank you, Madam Deputy Speaker. I move that this honourable House give consideration to the Draft Order entitled the Hotels Co ncession (Tucker’s Point Hotel and Resort) Order 2016 , proposed to be made by the Minister responsible for Tourism under provisions of section 3 and 4 of the Hotel Concessions Act.
The Deputy SpeakerDeputy SpeakerPlease proceed. Ho n. Kenneth (Kenny) Bascome: Mr. Speaker —
The Deputy SpeakerDeputy SpeakerMadam — Ho n. Kenneth (Kenny) Bascome: Madam Deputy Speaker, please accept my most humble apology.
The Deputy SpeakerDeputy SpeakerThat is fine. Ho n. Kenneth (Kenny) Bascom e: The order before this Honourable House relates to the Tucker’s Point Hotel Resort. Honourable Members will be reminded that the aim —
The Deputy SpeakerDeputy SpeakerMember, is your speaker on? Get a little closer. Ho n. Kenneth (Kenny) Bascome: I do not want you to tell me that I am shouting.
The Deputy SpeakerDeputy SpeakerI would rather be able to hear you. Ho n. Kenneth (Kenny) Bascome: The Honourable Members will be reminded that the aim of the Hotel Concession Act 2000 is to improve the overall tourism product by affording tax relief to hoteliers who reinvest in their properties through development. Madam Deputy …
I would rather be able to hear you. Ho n. Kenneth (Kenny) Bascome: The Honourable Members will be reminded that the aim of the Hotel Concession Act 2000 is to improve the overall tourism product by affording tax relief to hoteliers who reinvest in their properties through development. Madam Deputy Speaker, Tucker’s Point Hotel and Resort is in the process of being acquired by TP Holdco Ltd., which is a hospitality focused- owned d eveloper and manager based in Miami, Florida , USA. TP Holdco Ltd. is the lead developer on this acquis ition and is committed to rebranding and repositioning the hotel to become one of Bermuda’s most luxurious resorts, offering the best in customer service. It should be noted that the hotel may at some point in the future have a name change, but the intent is to keep the Rosewood name brand after acquis ition. After applying costs , the estimated hotel cap ital expenditure budget is between $20 million and $23 million, which will comm ence upon the acquisition with $5.8 million being spent in the first year on key reno-vations, deferred maintenance and capital projects; real estate pre- development of $2 million; transaction closing costs of approximately . . . reserves which will bring TP Holdco Ltd., total foreign investment into the Bermuda economy of $92 million to $95 million. Madam Deputy Speaker, the scope of the work and cost breakdown for the project includes: a pproximately $6 million on guestrooms; approximately $6 million the Tucker’s Point restaurant relocation, pool enhancement, new lobby and bar lounge; a pproximately $2 million on spa enhancement and rep ositioning; approximately $2 million on meeting space, boardroom renovation; approximately $2 million on the Beach Club and Golf Club; approximately $2 mi llion on m arina enhancement; and an additional $2 million on the general hotel contingency for fees, upgrades, master planning, premarketing and third par-ties.
Bermuda House of Assembly Madam Deputy Speaker, the TP Holdco Ltd. will embark on a series of real estate development projects over the term of the investment including an immediate programme to develop the existing Harbour Drive land site into 16 new for sale condo/hotel units which , once entered into the hotel rental inve ntory, will increase hotel key count by 20 to 30 new additional hotel suites. An additional development which is targeted as part of the phase 1 business plan in the development and the sale of the existing Paynter’s Hill site, which will be developed and sold as a branded estate home. It will also be contributing to the hotel inventory as a premier estate home during peak and holiday seasons. The capital expenditure related to these two projects would be above and beyond the scope outlined above and will be future refined est imated post -closing. Madam Deputy Speaker , this order before this Honourable House provides for concessions up to the amount of $15.8 million over five years and is subject to conditions. The commitment by TP Holdco Limited is critical and in line with the Government’s strategy to develop the tourism product and assist with defraying the exorbitant cost of maintaining an infrastructure that addresses changes in consumer trends. It is also needed to sustain Bermuda’s tourism for future generations. Madam Deputy Speaker, this Honourable House is advised that the developer has outlined a renovation timeline which will maximise the hotel’s operational ability in the short term, prepare the assets for long- term success, and also takes into account the upcoming America’s Cup Event in 2017. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Junior Minister. Are there any Members that would like to speak to the Bill? The Chair recognises the Member from constituency number — Hon. Kenneth (Kenny) Basco me: Do you want me to do the clause by clause? [Inaudible interjection]
The Deputy SpeakerDeputy SpeakerAh! Okay. Please proceed. Hon. Kenneth (Kenny) Bascome: Yes. The overview of this order, Hotels Concessions Order, under section 3 of the Hotels Concession Act 2000 in respect of the Tucker’s Point Hotel and Resort redevelopment , is deemed to be in the national economic interest of Bermuda. [Clau se] …
Ah! Okay. Please proceed.
Hon. Kenneth (Kenny) Bascome: Yes. The overview of this order, Hotels Concessions Order, under section 3 of the Hotels Concession Act 2000 in respect of the Tucker’s Point Hotel and Resort redevelopment , is deemed to be in the national economic interest of Bermuda. [Clau se] 1 is the standard citation. [Clause] 2 is the interpretation paragraph. [Clause] 3 sets out the developer’s enti tlement to concessions. [Clause] 3(1)(a) gives exemptions from customs duties until a year after the opening date. Clause 3(1)(b) gives exemption from land tax for five years from the opening date up to an amount not exceeding $103,000.00 in each year of t he asses sment . Clause 3(1)(c) gives exemption from Hotel Occupancy Tax I for five years from the opening date. This release is based on the amount expended on marketing the Tucker’s Point Hotel, up to an amount not exceeding $2,760,000 in each year of ass essment. Clause 3(1)(d) gives exemption from Hotel Occupancy Tax II for five years from the opening date. This release is based on the amount expended on Bermudian entertainment up to an amount not exceeding $84,000 in each year of assessment. Clause 3(1)(e) gives exemption from the e mployer's share of the payroll tax for five years from the opening date. This relief is based on the amount expended by the hotel on training Bermudian employees up to an amount not exceeding $228,000 in each year of assessment. [Clause] 4, sets out the terms and conditions the developer must comply with in order to qualify for the tax relief. The developer must comply with the guidelines and provide audited statements of accounts for the various concessions. Madam Deputy Speaker, I now ask that Members participate.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member. Are there any Members that would like to speak to the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016? I recognise the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Deputy Speaker. I would like to begin by congratulating the new Junior Minister of Tourism on his new post. I am sure he will do his best to do what he can to help with i mproving our tourism product. Madam Deputy Speaker, I would also like …
Thank you, Madam Deputy Speaker. I would like to begin by congratulating the new Junior Minister of Tourism on his new post. I am sure he will do his best to do what he can to help with i mproving our tourism product. Madam Deputy Speaker, I would also like begin in the vein that our country owes a tremendous debt to the first PLP Tourism Minister, the late Hon-ourable David Allen, who engineered the concept of the Hotels Concession Act and drafted the first Hot els Concession Order through Parliament in 2000. This has helped so many of our businesses to be able to make improvements and refinements and work at building our product up for the betterment of our tourists. We salute him and we honour his memory for the contribution that he has given to our country through this concept. Madam Deputy Speaker, Tucker’s Point opened in 2009 under the then- Premier, Dr. the Ho nourable Ewart Brown. At that point it was the first luxury hotel in over 30 years to open in Berm uda. So we on this side understand the challenges of bringing h o1778 20 May 2016 Official Hansard Report
Bermuda House of Assembly tels to Bermuda, and the challenge of keeping hotels in Bermuda up and operating. As part of our National Tourism [Plan], we know that it costs a lot of money to operate a hotel in Bermuda, to employ Bermudians as well as non- Bermudians, and to bring in the products that you need. So these concession orders are necessary to be competitive in a global market where hotels are always looking for the best deal. So we have to be competitive. We support the notion of this, but we also must state that, as the Pr ogressive Labour Party gets slammed for what we did do or did not do in 14 years of Government, what we did do was bring the first hotel in 37 years to our shores. What we did do was create a H otels Concession Act that has laid the bedrock for helping rebuild and revitalise our tourism economy. Now, Madam Deputy Speaker, these i mprovements . . . and I think this is key. It is not just about enhancing our tourism product; it is also about provid ing jobs and opportunities for Bermudians. Jobs in the construction end, but not just on that end, [but] once the construction is done, [jobs] in the spa, as the room attendants, and all the different roles that will be needed for these new facilities. But, Madam Deputy Speaker, the concern that I have—and I will express some concern, then I will make some recommendations. My concern is not with the details of clause 4(2)(a) or clause 4(3)(a) and (b), it is with the person charged with enforcing those claus es. That is my concern, Madam Deputy Speaker. When we have a Minister who in a previous role, a Minister who sits in another place, who made it a lot more difficult for Bermudian entertainers to get work in this country through policy initiatives, I would not be surprised if many members of the public would question the commitment to protecting this aspect of the Bill as a condition of the concession, that this is the person with the will to protect the interests of Bermudian entertainers. And, Madam Deput y Speaker, that also speaks to the issue of training of Bermudians. Is this Minister the right person, the person that the public can trust to have a commitment to enforcing the trai ning of Bermudians? That is a serious question. In my recommendations, I w ill put a challenge to the new Junior Minister of Tourism to be the watchdog, to be the enforcer, to be the line within the Government that makes sure that Bermudians are being trained at Tucker’s Point, that they come first at Tucker’s Point, and that Ber mudian entertainers are not given the short end of the stick. Furthermore, Madam Deputy Speaker, as part of the recommendations, the Order calls for the Mi nister to set guidelines for the marketing of this new product. In a previous life I have been inv olved in marketing hotel properties, and I can say that [in] the industry . . . let me find a nice way to put this. There has not always been the best use of funds to promote local products internationally. I urge the Junior Mini s-ter to give an undertaking to bring the guidelines to Parliament to hold them to account that they are not just spending the money that they say they are spending, but that the guidelines also make sure that we are getting a return on investment. It makes no sense if they are going to drop $2 million (or however many millions of dollars) and [all] they are going to do is put signs on the back of a train in and out of New York. There needs to be a real sense [how much] the taxpayers have sacrificed by giving up countless dollars i n tax concessions. The Government has played their role by giving these concessions and putting in place the guidelines, now the role must be to ensure that the hotel and hoteliers are doing their role to effectively promote this product. The BTA [Bermuda Tourism Authority] cannot do it alone. The Government cannot do it alone. The Opposition cannot do it alone. We have to make sure that what we have seen in the past . . . that there are effective marketing efforts that get results, that draw people here and that we do not have any more pink elephants (or any other coloured elephant) that just simply sits there after the money has been spent. We must also make sure that it does not become [that] the condos get built and nothing else happens as well. We know we have seen that story and that movie before. So, Madam Deputy Speaker, with those brief remarks, our side will support this Order and we recognise the importance of it, and we look forward to hearing about when the actual work will begin. Not just on this project, but on other projects that are in the pipeline. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016? Thank you. The Chair recognises the Member from constituency 6. [Inaudible interjection] Hon. Wayne L. Furbert: Thank you, Madam Deputy Speaker. Let me just say, first of …
Thank you, Member. Are there any other Members that would like to speak the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016? Thank you. The Chair recognises the Member from constituency 6. [Inaudible interjection]
Hon. Wayne L. Furbert: Thank you, Madam Deputy Speaker. Let me just say, first of all, I would like to . . . I mean, I believe that we have got to give some thanks t o the former Minister, the Honourable Member Shawn Crockwell, who I am sure was very deeply involved in the bringing, or involved in the actual execution of [negotiations with] the new owners that will be coming on board sometime in the near future. So, my hat goes off to my good friend, the Honourable Shawn Crockwell. Madam Deputy Speaker, we are talking right now about the Hotels Concession Act 2000, and my colleague spoke about Dave Allen, and my hat also goes off to him for bringing it. But it is about time that
Bermuda House of Assembly we look at a new Hotels Concession Act. It has been now 16 years, and I would have thought by now, b ecause I know that we were working on one in 2012, or at least moving in that direction, and I would like to know where the Junior Minister is on this new Hotels Concession Act, and what happens when the new Hotels Concession Act comes into being. How does this impact this order that is currently before us? Should the Minister sit down, Madam Deputy Speaker? [Inaudible interjection] Hon. Wayne L. Furbert: Yes, thank you. So, the question I ask the Junior Minister is, where are we in dealing with the Hotels Concession Act of 2016? I know there was something being worked on. So, where does this stand right now? Again, how will it impact this Ord er? Will changes have to be made to the Order, or will there be some type of grandfathering in the Act that allows the orders [for] those hotels, such as Pink Beach, Tucker’s Point, and other hotels that have been . . . Ariel Sands, that is coming on board. How is that going to impact those in the future? I understand that the Hotels Concessions Act 2016, (I am assuming that is what it will be called) may have some better improvements for de-velopers and more incentives to get things going. So I will be very much interested in that. Getting to back to the part . . . because we say these nice things about these orders and the Mi nister’s guidelines and these audits , but let us use Hamilton Princess for an example. Has an audit ever been done on the work that w as to be done [for] the concessions t hat we gave Hamilton Princess, that you can bring to show the House after four years, or three and a half years? What type of things have you held them to account for? Because we bring these orders, but is anyone reall y checking into them, as far as getting the work done? Being the former Minister, I know that there was a problem. I know it is very hard to account for those things. So, we say these nice things, but not hing . . . I mean, what does it really mean? So, who is holding these developers to account as far as the O rder is concerned? Maybe we should be asking some questions on this side of the House so that you will bring these audits to account for these hotels occ upancy tax exemptions, and payroll tax exemptio ns, and musicians. And we know that is probably one of the most difficult things right now because musicians are being treated unfairly. I believe they are. And particularly when the Minister that my colleague talked about, the Honourable [Minister] who si ts in another place, gave it much more, [made] it easier for hoteliers and bars and everything else to hire non- Bermudian musicians. So, it is nice to stick these numbers in here, but what are we really saying? What are we really saying? Are we just going through the motions of looking nice and sounding nice in the public, but behind the door we are not really holding these hotels to ac-count? There [has been] very much less entertai nment than we have ever had in Bermuda as time goes on. So, we support it, but accountability has to be a key part moving forward. I want to see . . . as my ho nourable colleague said, bring the guidelines. What are the guidelines that you say that you are going to i ssue? As a matter of fact, you should have brought the guidelines with the Order. You stated, “ show to the satisfaction of the Minister that entertainment has been provided.” How do you do that, Junior Minister? How are you going to show to the satisfaction of yourself that entertainment has been provided at the ho-tel? How do you do that? Are you going to visit them every night to see whether . . . how do you do that? [It states,] “C omply with guidelines on the training of Bermudians . . .” What guidelines? Can you give us one guideline that has been done for those two hotels —Pink Beach and the other one? Can you give us a guideline? Have you brought a guideline for us to view today that we can look at? These are the things, like I said, that sound nice. But we have to hold the hoteliers to account b ecause once they get this Order, they just . . . off they go, running. And so, yes, we support it. But we have to hold individuals much more accountable. I believe that the new Hotels Concession Act, I think it is going to be a little less cumbersome, but yet more accountabili ty will be in place. So, I leave those questions for the Junior Minister to answer as time goes on. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak to the Order before us? The Chair recognises the Member from constituency 22. Thank you. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, let me start by …
Thank you, Member. Are there any other Members that would like to speak to the Order before us? The Chair recognises the Member from constituency 22. Thank you. You have the floor.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, let me start by acknowledging the support of the Opposition on this. I think this bipartisan support on conc ession orders is very important. We need to send a strong message to those that would invest in hotel infrastructure here that all of us are very much in support of that kind of external investment. I am going to start by trying to answer a couple of the questions, to help out my honourable colleague and Junior Minister who introduced the Order. I will start by saying as the last speaker from constit uency 6 indicated, the Hotels Concession Act 2000 is quite dated and I think he will know, having been in 1780 20 May 2016 Official Hansard Report
Bermuda House of Assembly the position he was in before, that in fact it is quite difficult in its application. What it does is it allows a certain amount to be set off against set amounts which are set off in the Order itself. But what I think the former Government found, and the current Go vernment certainly has found, is oftentimes hotels will not take full advantage of it just because it is so diff icult to essentially demonstrate that you have actually delivered or performed on the required marketing or, indeed, the customs exempti ons and things of that sort. So I am glad the Honourable Member mentioned this because the former Minister, Mr. Crockwell, in fact had started and the Ministry is well along in terms of developing a new hotel incentive Bill which will take into account som e of the more competitive aspects that are currently out there in terms of other jurisdictions and what they are doing to try and incen-tivise hotel investment. As the Honourable Member indicated, we hope that it will be a lot more efficient in terms of how it is structured and how hotels and developers need to be able to demonstrate that they have performed against certain concessions. We hope it will also be, obviously, a lot more competitive as well. Do not hold me to this, because I am not the substanti ve Minister, but my sense is that hopefully the House will see something [on this] before we rise for the summer. I also think Honourable Members on that side perhaps have not had a look at the Hotels Concession Act in a while because it is very clear in i ts application. If you cannot show that you have done a certain amount of marketing, you are not going to get that offset or that credit against the occupancy tax or against land tax or what have you. So, there is a very clear correlation between what you actually spend on marketing and what the provision [is] that you will get in terms of the hotel concession order. It is not as though you get the concession all up front, you have to show as you go along that you actually spent the money on marketing. And as far as bringing in nonBermudian entertainers, that would not make sense for the hotel insofar as the Hotels Concession Act is concerned because unless those entertainers are Bermudians, they do not get the concession. They can bring in non- Bermudians, but they do not get an ything, there is no joy under this particular Act, as the former Minister in the former Government would u nderstand on that side. They also asked if these concessions are a udited . And the answer is, absolutely yes. The depar tment has an inspector, and I am not sure if that is quite the title, but she is actually sitting in the House right now, and she assured me that she personally looks at every line item of spending here and matches it against the maximum amount the hotel is allowed under the concession order. So, what we are looking at here is the concession order, as indicated, allows for up to $15.8 mi l-lion, but in order to be able to get that offset against their spending for marketing, Bermudian entertainers, payroll tax, things of that sort, they actually have to demonstrate it. As the Order shows, in some cases there has to be audited accounts to be able to dem-onstrate that. I think on both of those counts it is car efully looked at and I think the issue is, as I have said, somet imes it is very difficult to be able to demonstrate that and the hotels are not able to take full advantage of it as a consequence of that. So sometimes they do not get anywhere near the full concession that we are actually allowing them to spend up to in the Order i tself in front of us. I would also like to say, the Shadow who speaks for Tourism and Economic Development, I think was being (I will just say) a little personal and unfair in terms of the current substantive Minister who sits in another place. That substantive Minister act ually has, I think, an extremely good track record of bringing the whole workforce development back into operation and making that work a lot more effectively than it has in the past. In addition, I think that Honourable Member was also very careful in terms of protec ting Bermudians in his former role as a Minister of I mmigration. I am sure we will get some political chatter on the other side, but the facts I think speak for themselves. We have certainly seen a lot of movement i n the economy as a consequence of some of those actions. I think the other question that came up from the Honourable Member from constituency 6, was, let’s suppose there is a new Act. (And we have said that there is likely going to be a new Hotels Incentiv e Bill.) How do you deal with (what I will call) the trans ition from the existing Bill to the new one? I do not want to spoil any surprises here because while the Bill is basically underway, I think that that transition will have to wait for the debate in the House. But suffice to say, it is not only that Member that has been made aware that a new incentive Bill is coming, but also some of these hotel developers as well. I think in certain cases, if they are still in the midst of a development which is covered by concession order, I think there will be some discussion, some transition, as to whether they can benefit by the new concessions coming out in the Act. I think we are going to have to work our way through that. If you have already had your concession order done, you have spent the money, and all the rest of it, my suspicion is that you are going to have to live with the concessions under the previous legislation. But if you are in midstream, there will have to be a transition of some sort. We have ha d questions about that a lready, which is something that you would obviously expect. While I am on my feet, Madam Deputy Speaker, let me give a little bit more information which may help Honourable Members to understand who we are involved with here. This i s actually quite an unBermuda House of Assembly usual concession order because, as I think Honourable Members will be well aware, Tucker’s Point is currently in receivership. Usually what happens with a concession order, you have a new developer coming in, they want to build a hotel or they want to renovate a hotel, and it is a going concern. Or it does not exist at all, for example, Morgan’s Point, or the new hotel which Desarrollos is working on down at the former Club Med site. But in this particular case, Tucker’s Point as a consequence of I think a huge debt overhang, went in to receivership roughly about two years or so ago, maybe slightly longer than that. It is currently in the hands of Ernst & Young [EY] who, essentially, have acquired the hotel property on behalf of the cr editors. They have worked with a number of bidders. There are a number of bidders for this particular property and the TP Holdco is in fact an affiliate of a develo pment company called Gencom, G -E-N-C-O-M, acqu isition which is based in Miami, Florida. It i s a non - Bermudian entity and they have now been operating in an exclusivity arrangement with the receiver now for probably about six to nine months, I would say — probably closer to nine. At this point we are taking this concession order up because it is our understanding that conditions precedent, except for passage of this concession order, have essentially been dealt with so that when the concession order goes through this Honourable Chamber and through the other place, and then signed into law by the Gov ernor, the acquisition, the sale, will close at that point. But we understand that all other issues, apart from some small procedural ones, have been dealt with. This is the final piece and that is why it is important to move this along fairly quickly. I think it would be useful to say that Gencom (a little bit of background) was founded in 1987. The principal there is a gentleman by the name of Karim Alibhai . He is one of North America’s leading hospita lity and luxury hospitality -related residential real estate and hotel developers. He has been involved in his company in all aspects of the hospitality industry. In their early days they were involved in turnaround in the hospitality sector. Since then, they have expanded considerably into the acquisition dev elopment of, what I guess would be termed “luxury mixed- use hotels and resorts” with ancillary residential components, i.e., condos, which in this case, would go back into the hotel property for service. I think it is worth noting that Gencom is probably either the largest or one of the largest ow ners of Ritz -Carlton properties in the brand system. They have also been involved with Mariott, Hyatt, Wyndham, Hilton, Sheraton, Radisson, Renaissance, Summerfield Suites, Intercontinental, and recently looking at expanding in other brands such as Four Seasons, Rosewood, Mandarin Oriental, and Aman Resorts (which as we know, are very high- end properties). In many respects it is a nice fit with this particular property. My personal sense is that Tucker’s Point is one of the nicest hotel properties we have in Bermuda right now. It is unfortunate that it went into receivership, but I think that in many ways this is a very good step forward because not only will it protect the emplo yment of those staff members down there, but our understanding is that as they get into this project a little further , there will probably be additional employment as well. They are going to, as my honourable colleague, the Junior Minister said, expand the size of the hotel. Initially that wi ll be something on the order of I think $23 million in the first phase of it. I think it is worth noting that they are going to do this [starting] with about [$5.8] million targeted in the first year. They do not want to get heavily involved into some of t he other changes right off the bat because they do not want to be under construction when the America’s Cup comes next year. So they are going to start off quickly with about $5.8 [million], but then, as my ho nourable colleague said, they are going to spen d about $6 million on guest rooms, $6 million on the relocation of the Point Restaurant (I think some of us have eaten there and have enjoyed it ), another $2 [million] on spa enhancements, another $2 million on meeting space, and $2 million on the Beach Cl ub and the Gulf Club. The idea from their perspective is that they would like to increase slightly the size of the hotel. Right now it is about 88 rooms —28 are superior, 40 deluxe, 12 one- bedroom, and 8 suites. I think as most Honourable Members will know, they also have two private residence clubs which comprise 340 residen-tial luxury fractional units, as well. So, it is an important hotel asset as far as we are concerned. The grounds [have] extraordinary views of Castle Harbour and I think it is something that we really should be very pleased about that it is now on the brink of being sold and going back in is a going concern as well. I think my honourable colleague mentioned it, but the Rosewood looks like it will be continuing as the hotel operator. I t hink that is the current plan. They are obviously a luxury resort operator, so I think that is good news for Bermuda and for Tucker’s Point as well. There is going to be some initial work at Harbour Drive. They want to do 16 new for -sale condo units which will be flipped back into the hotel as units as well when the owners are not there. So I think it is heading in a good direction. They are interested, after this first phase, in future development as well, so I think that actually bodes very well for Bermuda. We would like to commend the former Mini ster, Mr. Crockwell, for getting this project moved along, and my honourable colleague, the Junior Mini ster, for introducing it, [and we] appreciate the support from Honourable Members from the other side because this is a very important resort for Bermuda and I think it deserves going ahead on a very positive note. Thank you, Madam Deputy Speaker. 1782 20 May 2016 Official Hansard Report
Bermuda House of Assembly
The Deputy SpeakerDeputy SpeakerThank you, Minister. Are there any other Members that would like to speak to the Hotels Concess ion (Tucker’s Point Hotel and Resort) Order 2016? There are no other Members. Ah —the Chair recognises the Member from constituency 31. You have the floor.
Mr. Shawn G. CrockwellThank you, Madam Deputy Speaker, I think it is important that I, particular ly as the former Minister and the fact that I did play a role in this particular process, weigh in on this concession order. I also think that it is important to applaud when we reach these …
Thank you, Madam Deputy Speaker, I think it is important that I, particular ly as the former Minister and the fact that I did play a role in this particular process, weigh in on this concession order. I also think that it is important to applaud when we reach these types of milestones, particularly seeing Tucker’s Point coming out of receivership, which is very important. It is considered one of our most luxur ious properties on the Island. It is not far from my home, so I go there quite often. We need to have our quality properties to be successful on the Island. So I am pleased to stand and applaud that, as well as, Madam Deputy Speaker, I think we are seeing a change in the direction of tourism in Bermuda. I think it is important to acknowledge that. But I would like to acknowledge who is in the House, Ms. Stacey Evans, who I know worked very hard on this, as well as the former Permanent Secretary, Mr. Fran-cis Richardson. As the Honourable Minister Gibbons (who j ust took his seat) alluded to, this was som ewhat of a complex negotiation process because of the rea lity of the property being in receivership. The negotiations took some time, but I think that they were very amicable and they were very pr ogressive all the way through. But it did highlight the need for reform in our concession structure. The Honourable Member, the Shadow Mi nister of Tourism, was talking about the fact that the first Minister of Tourism under the Progressive Labour Party intr oduced the Hotels Concession Order and the concept in 2000, as we know. It has certainly done its job throughout the years. But it is now time that we have to graduate to a more competitive concession structure. That is why we will be introducing the Investment Incentive Act at some point later on, because it is not just about hotel investment, Madam Deputy Speaker. It is about investment in the tourism product. So there could be investment that is outside of building a hotel, but it will have direct positive impact on tourism that needs some concession. And I know people talk about, Well, the Government is giving away concessions, et ceter a. But, you know, if we are not getting anything from nothing right now, then it is important for the Government to create the environment to attract investment so that we can create jobs, so that we can improve the tourism product because those are the ar eas which are deficient . . . one of the areas in particular which we have a deficiency as it relates to our tourism. We do not have the product that the high- end visitor is looking for, and at times they will go els ewhere. In my travels I have had indivi duals say to me, I only stay in a Four Seasons. I only stay in a Starwood property. I only stay in a Ritz -Carlton, and the like. And we only have two major international brands in Bermuda. We have Fairmont and we have Ros ewood. So it is incumbent upon the Government to create the environment to be able to attract new hotel development and attract international quality brands to Bermuda so that we can have the visitors who are loyal to those brands come to Bermuda.
[Hon. K. H. Randolph Horton, Speaker, in t he Chair]
Mr. Shawn G. CrockwellBut what we found was that there were too many limitations to the current concession structure. It has served its purpose. For example, the Concession Order 2000 r estricts the length of years for concessions to five years. Well, that is archaic, Mr. Speaker. Almost every other jurisdiction starts at …
But what we found was that there were too many limitations to the current concession structure. It has served its purpose. For example, the Concession Order 2000 r estricts the length of years for concessions to five years. Well, that is archaic, Mr. Speaker. Almost every other jurisdiction starts at 10 years, and we have seen other jurisdictions go up to 20 and 25 years. There are some deals where there are infinite concessions, where there is no restriction. There is what they call a “concession holiday” for certain developments. That is what our competitors are doing to attract these types of brands and attract the hundreds of millions of dollars to their destination. Also, we find . . . and it was very prevalent in this particular negotiation. The cost of the capital development, as the Junior Minister alluded to and it has been repeated, is $20 [million] to $23 million. The cost of the purchase of the property was around $65 mi llion, Mr. Speaker. So the Junior Minister said that the overall investment is around $90 [million] to $95 mi llion. But in the process we were only allowed to consider the investment on the development. And so, in the minds of the investor, in the minds of the purchaser, they are saying, well, we have spent $65 mi llion to purchase the asset. That is a significant i nvestment and that should also be taken into account when you are providing the incentives and you are providing the concessions. So there is no doubt that we have to modernise our conces sion structure to make it com petitive so that we can compete. I have said this before: There is a former Tourism Minister, a former Premier, that used to say, Are we serious about being in the tourism business? And sometimes I wonder, because people will co mplain that we are giving away too many concessions. Well, if we want to compete, that is part of the process. So I think at some point we have to make a dec ision on what we want to do with tourism. Now there were Honourable Members who were talking about the training of Bermudians and e nsuring that hotels employed local entertainment. I have no qualms with that, but I just want to reiterate the fact that that is the intention of these investors. I
B ermuda House of Assembly have not met anyone— whether it was the St. George’s property, whether it is the Tucker’s Point purchase, Arial Sands, Pink Beach, you name it . . . there has been no developer who said, We don’t want to train Bermudians. It is advantageous for them to employ and train Bermudians. Also, in terms of entertainment, they want to have the local flavour at their property. Now, my issue, when it comes to this, is that the Government at some point has to grapple with the salaries that are provided to individuals who work in this industry. Because we have seen a shift, we have seen Bermudians leave the hospitality industry to go to other jobs that pay more. We have to ensure that a Bermudian who has a talent for hospitality and a Bermudian who has a drive for hospitality, can make a living off of hospitality. So until we do that, we are going to have the issue of not many Bermudians lining up to get into the hospitality industry. I would like to applaud the Junior Minister, the Honourable Kenny Bascome, who, I would say, was always supporting my efforts when I was the Minister. I could be assured that when MP Bascome got to the microphone, he was going to congratulate me and he was going to call me “honourable.” He always did. It was a wonderful banter that we had. I believe that the team now in Tourism . . . and there was a criticism about the new Tourism Minister. There is a difference, Mr. Speaker, and you will know this intimately. There is a difference between being Minister of Immigration and being Minister of Tourism —two different animals, Mr. Speaker, which requires two different mindsets. We have seen mult iple unpopular Ministers of Immigration, because of the nature of the Ministry. It is a difficult, contentious Min-istry. What I do know of the Honourable Senator Michael Fahy is that he is a hard worker. I know he is very intelligent and astute. And I know that he would do what is best for Bermuda. I think when you have the team of Minister Fahy and Junior Minister Bas-come I think it is going to be a dynamic team. Certainly, you are going to have some differences of per-sonality there, but what I do know about MP Bascome is that he exudes tourism. He has a passion for it. He would outshine me all the time. I used to hate meeting tourists with MP Bascome, because he would lay out the red carpet and go through all of the charm that he does all the time, and then I have to follow him up and try to do the same. But I have no doubt that he will be an aw esome ambassador for tourism. He has always been. You don’t have to have a title to be an ambassador for tourism. Every Bermudian should be an ambassador for tourism, but MP Bascome certainly exuded that. But, Mr. Speaker, before I take my seat . . . and I want to say this as well, because we always talk about the importance of creating jobs and how these projects create jobs for Bermudians. And, yes, that is the mandate of this Government —to create jobs. And we have done so with the plethora of development projects that have happened and the projects that will be happening. These are job- creating initiatives. But in this in stance it is not just about creating jobs; this project is about preserving jobs. There are about 300 to 400 jobs, particularly in the high season, currently at Tucker’s Point. And let me say that the general manager is a young, black Bermudian that is wor king there. And by having a successful purchase of this property, those jobs will be preserved. They will be preserved. So sometimes the preservation of jobs is just as vital as the creation of jobs. Then, of course, we look forward to the jobs that will be created through the development. But I want to also say that there were . . . you know, there are multiple individuals who take part in ensuring that these types of projects come to fruition. I know that more often than not people just hear about it when we end up in Parliament, but sometimes it takes years before we get here. Som etimes there are stops. Sometimes you have to put it in the bands and come back and renegotiate. It takes a lot of work. It takes a lot of work to get to where we are today. It is the efforts from the individuals at the Bermuda Tourism Authority [BTA], from the Ministry, and from the Ministry of Economic Development. A lot of people are involved in this process. I think that . . . you know, it will be interesting to hear what the motion to adjourn is going to be like this evening. But I am going to say that I am hoping that we will have some ind ividuals getting up and congratulating the Tourism A uthority, congratulating the Government for the first quarter tourism results.
Mr. Shawn G. CrockwellAnd we have heard the Acting Opposition Leader say, No . Which is unfort unate, it is unfortunate. Because they are quick to be in the newspaper, and they are quick to jump to their feet when the numbers are down, and call for resigna-tions and, in some cases, vituperate, …
And we have heard the Acting Opposition Leader say, No . Which is unfort unate, it is unfortunate. Because they are quick to be in the newspaper, and they are quick to jump to their feet when the numbers are down, and call for resigna-tions and, in some cases, vituperate, Mr. Speaker, against those who are leading tourism. But, for the first time in close to eight to nine years, we have seen a double- digit increase in tourism. An Hon. Memb er: Whoa! [Desk thumping]
Mr. Shawn G. CrockwellAir vac ation and leisure visitors [are] up by 13.7 per cent. We have not seen increases like that for years, Mr. Speaker. Cruise visitors [has a] 947 per cent increase in the first quarter.
An Hon. Member An Hon. MemberHow much? 1784 20 May 2016 Official Hansard Report Bermuda House of Assembly Mr. Shawn G. Crockwell: [A] 947 per cent increase! We have had a total leisure visitor increase of 31.9 per cent. And, Mr. Speaker, this is a direct result of the negotiations to ensure we had additional …
How much? 1784 20 May 2016 Official Hansard Report
Bermuda House of Assembly Mr. Shawn G. Crockwell: [A] 947 per cent increase! We have had a total leisure visitor increase of 31.9 per cent. And, Mr. Speaker, this is a direct result of the negotiations to ensure we had additional airlift during this first quarter bec ause we knew that last year we lost airlift. We had to work extra hard to ensure that we got that airlift back and added to it, to the point where myself and the Premier attended meetings abroad to secure additional airlift. We were aided, Mr. Speaker, by the assi stance, the leadership, the expertise of individuals from the Bermuda Tourism Authority —from the CEO of the Bermuda Tourism Authority, from the leader of mar-keting of the Bermuda Tourism Authority, to get us here—from the general manager, my mate of airport development, Mr. Aaron Adderley, working hard to ensure that we can create the envir onment. If you get more air lift it means that you can get more volume here. So we have seen a direct result of those initi atives, of the leadership in seeing a 13.7 per cent i ncrease in the first quarter. Now, the Acting Opposition Leader has already made it clear that we won’t get any plaudits for that. But I am going to say today, Mr. Speaker, stay tuned, because quarter two is going to be good as well, as well as quarter three, as well as quarter four. As I have been saying for years, Mr. Speaker, the Bermuda Tourism Authority needed time to establish its marketing message, to undo some of the poor agreements and arrangements that were in place b efore. And you need time to be in the market to have an impact. I always felt that it was going to take about two years before we started to see the results. Did I expect it to be double- digit numbers? No. So I am over the moon, Mr. Speaker. I am over the moon that in this first quarter we have seen, not good results, we have seen outstanding results. I have seen the pacing for this year and it looks very good. So I say to the Honourable Members opposite, give people their due when the results are good. I sat here and t ook the licks when the numbers were going the other way, and I understood it. Now that we are seeing great results, give the BTA its due, because 95 per cent of the BTA is staffed by Bermudians. Give the CEO his due; he has worked hard, probably under the most arduous circumstances I have seen of anyone coming to this country.
[Inaudible interjections]
Mr. Shawn G. CrockwellHe has been under extreme scrutiny, Mr. Speaker. But despite that, he stayed the course. He stayed focused and he got the job don e. So I am very proud of the start to this year. I am very hopeful for the future of this year, and for many years …
He has been under extreme scrutiny, Mr. Speaker. But despite that, he stayed the course. He stayed focused and he got the job don e. So I am very proud of the start to this year. I am very hopeful for the future of this year, and for many years to come. The award of this concession order and seeing one of our premier, luxurious properties coming out of receivership and seeing additi onal development take place on that property, it is som ething that we all should be proud of. So congratulations to the Government, to the Junior Minister. Well done! Let us hope that we see more developments like this going forward. Thank you, Mr. Speak er.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 21, MP Rolfe Commi ssiong. You have the floor.
Mr. Rolfe CommissiongWell, Mr. Speaker, thank you so much. There are times when it is not easy to follow the learned Member from constituency 20 . . .
Mr. Rolfe CommissiongConstituency 31. But I am going to try my best. I just want to say this in respect to the positive numbers we have seen in the first quarter, that one quarter does not a season make, or, for that matter, a year. I want to be optimistic as well. …
Constituency 31. But I am going to try my best. I just want to say this in respect to the positive numbers we have seen in the first quarter, that one quarter does not a season make, or, for that matter, a year. I want to be optimistic as well. We know that it is in the best interest of Bermuda that we do see tourism, after basically a 25 year —a quarter century — decline, r ebound in a sustainable way. Not just for a year, but maybe for 5 years or 10 years, or 15 years, or 20 years. That is what we hope for. Mr. Speaker, oftentimes when we talk of tourism, Bermudians (especially my generation and older) can usually devolve i nto mere nostalgia because it was so good for so many of us. Our families, many of them were able to achieve a middle- income standard of living by working in the tourism industry. I was very happy that the former Minister said that the way to get Bermudians back into the industry is for that industry to provide more of a living wage for Bermudians. You know, we often hear about split shifts and that type of thing, but the tourism industry itself cr eated a working environment that was not positive with respect to retaining Bermudians at all levels —not just the management level —in the industry when coming out of the 1980s, 1990s, and early 2000s. There were so many other options where they could earn a stan-dard of living where they could afford to meet their obligations, household and otherwise, in Bermuda. So that is an ongoing challenge. We are going to have a debate soon, hopefully, in the next week or so that will deal with that issue of the living wage for Bermuda, and I would hope that more of his colleagues would see fit to be positive in that debate. I just also want to congratulate my good friend—and he remains a good friend— the Honourable Member from constituency 1, Mr. Kenny BasBermuda House of Assembly come. He has been a tireless advocate on behalf of tourism in Bermuda. Not just with respect to St. George’s, which is his passion and his first love as a native St. Georgian (if I can use that term), but for Bermuda in general. I just hope and I wish him all the best in the coming months. There will be times when it will ge t pretty hot and fiery, but I am sure he is up to the task of defending his position, notwithstanding the fact that we are on opposite sides of the issue, or on some of the issues as it relates to tourism. Mr. Speaker, just one additional note here (amongst many, I guess). I did note that the Member from constituency 22, next door to my constituency, the Honourable Minister of Economic Development, talked about the current Minister of Tourism, who sits in another place, and his previous role and contrib ution to the growth of what we now know as Workforce Development. But let us be honest here. We know that there was no such thing as Workforce Development in terms of policy or institutionally within the co nfines of Government prior to 1998. That is too often an unsung achievement of the Progressive Labour Party Government coming out into the 2000 period, and it should be acknowledged. I am happy that the Government has embraced the concept and that they have made a dvances and progress with respect to the gro wth and development of Workforce Development. I think it is a critical node of our overall development policy and it needs to continue, and it needs to continue to produce greater synergies between Workforce Development and the overall economy itself and a ll the players within the economy, including labour. So, it is very critical that that occur. Mr. Speaker, the Tucker’s Point development was the first luxury hotel to open in Bermuda in over 37 years under the former Minister, Dr. Ewart Brown, and the PLP Government. It opened in 2009, as you know, right in the midst of the economic tsunami that we now commonly refer to as the “Great Recession.” I mean, the timing could not have been worse. Many of us in Bermuda, Bermudians themselves, also exper ienced gr eat hardship during that economic recession, called the “Great Recession.” And the fallout is still affecting many people that we know personally. I am just happy, however, that at least on this occasion, the Members on the other side did not blame the PLP for the troubles that beset the Tucker’s Point resort. I think that is something in and of itself to be commended. Mr. Speaker, we think that the Tucker’s Point resort can be— as my Shadow, and able Shadow Mi nister of Tourism, and also Members over there —did characterise it as a jewel (somewhat tarnished over the last few years going into receivership, but a jewel) in terms of the overall Bermuda tourism product. I share the same view. We need that product to be successful. Some Members on the other side m ay have, you know, looked askance at the former Mini s-ter’s characterisation of the product he was trying to develop, as a platinum period product. It was necessary for Bermuda to position itself at a higher level, a more pronounced and profound level withi n the concept of global tourism. That is why the platinum period as a branding was the right concept. There is no doubt that the current Gover nment, in terms of the BTA and the Minister over the last few years, have also embraced the same concept. They do not call it that, but it is the same concept. So we know we want that to work because the only way we can enhance our competitive advantage in a hypercompetitive environment globally with r espect to tourism is to ensure that properties like Morgan’s Point , properties like Tucker’s Point are going to be successful and are going to be able to position themselves in a way that is going to attract the pa-tronage of the movers and the shakers and the affl uent visitors globally. So we are all -in on that. Mr. Spe aker, I just want to say (I am not going to take too long) that the comments about the new Hotels Concession Act . . . we understand on this side, and I am sure my Shadow does, that that too is part of enhancing our competitiveness in a global tourism envi ronment and market. I am a little concerned personally though about, you know, the open- ended nature, perhaps (as the former Minister pointed out), of some of the concessions we may now have to offer into the marketplace. He says that the five- year p eriod, that is outdated, it is anachronistic , that develo pers are now looking for (and correct me if I am wrong) 10- to 20- year periods. He even says that in some cases the periods can be open- ended, if you get my point. I don’t know if that is healthy for a number of . . . from a fiscal standpoint. If the receiver revitalised industry, the Government will thus be in essence starved of the level of tax revenue that it should be getting hopefully from tourism hotels and other related properties that have now revi talised themselves and that they are doing well, bringing in significant rev enue. That is an issue for me. I think the issue of moral hazard can be applied here, and the need to be cautious about that in terms of extending these open - ended offers to develo pers. So that is one of my concerns right there. I understand that the developers are going to invest $25 million in investment in that hotel, in addition to the overall $95 million cost. Again, we applaud them . We think it is going to be able to jumpstar t jobs or increase jobs within the construction and develop-ment sector, and we think that is a great thing to do. So, Mr. Speaker, finally, I have a qualm about the subsidy that is going to be afforded to entertai nment. I think it is a little small. But, again, we will talk about that when we get into Committee.
[Inaudible interjections ]
1786 20 May 2016 Official Hansard Report
Bermuda House of Assembly Mr. Rolfe Commissiong: Well, excuse me.
[Inaudible interjection]
Mr. Rolfe CommissiongOh, it is an Order. Okay. Thank you. Thank you, gentlemen on both sides of the aisle here for correcting me. I just thought that we . . . then I will get right into it now, Mr. Speaker, before I wrap up. I just thought that the $84,000 figure …
Oh, it is an Order. Okay. Thank you. Thank you, gentlemen on both sides of the aisle here for correcting me. I just thought that we . . . then I will get right into it now, Mr. Speaker, before I wrap up. I just thought that the $84,000 figure that would be used to subsidise Bermudian entertainment . . . Mmm, I think it is a little small. I would like to see maybe a slightly higher figure, maybe anywhere b etween $120,000 to $150,000.
[Inaudible interjection]
Mr. Rolfe CommissiongThat is what they are looking for. I understand that is what they are looking for. I am just saying that I just think it could be higher m yself. I would like to see more money available to be spent on Bermudian entertainment at that hotel. [Inaudible interjection]
Mr. Rolfe CommissiongOkay, when I go into Committee it will be . . . on my desk here. You know, if that’s an option that we can negotiate to see if we can get a slightly higher minimum, I would be happy with that. Otherwise from that, there were some discussions about …
Okay, when I go into Committee it will be . . . on my desk here. You know, if that’s an option that we can negotiate to see if we can get a slightly higher minimum, I would be happy with that. Otherwise from that, there were some discussions about how we can hold the hotel developer accountable for the commitments he has made both on entertainment, of course, and on the training of Bermudian employees as well. Mr. Speaker, I will basically j ust wind up there. I will just say this: We have an opportunity to create a new golden era of tourism in Bermuda, but it is not going to be like the era that we knew back in the '60s, '70s and '80s. It will be a new era, and hopefully one that will be as b eneficial to Bermuda as the previous era was. We need to see greater diversification in our economy, we need to see growth and strength in this economy other than that represented by international business. We think that is healthy for Bermuda. And so, lik e I said, the Shadow Minister has thrown his support behind this. The PLP supports it and I personally am looking forward to seeing this work on behalf of Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 28, Warwick West, MP Jeff Sousa. You have the floor.
Mr. Jeff SousaGood evening, Mr. Speaker, and honourable colleagues in the House and to those who may be listening in the listening audience.
Mr. Jeff SousaI am delighted to stand tonight, Mr. Speaker, to add additional support to the Hotels Concession Order on Tucker’s Point brought to the House by the Junior Minister of Tourism, my dear friend, Kenneth Bascome. And as has been said earlier on, Kenny has always been passionate about tourism in …
I am delighted to stand tonight, Mr. Speaker, to add additional support to the Hotels Concession Order on Tucker’s Point brought to the House by the Junior Minister of Tourism, my dear friend, Kenneth Bascome. And as has been said earlier on, Kenny has always been passionate about tourism in this country, and I know he will do an awesome job in that role. Both of my colleagues, Minister of Business Development, Grant Gibbons, and former Minister of Tourism, Shawn Crockwell, have already spoken in great detail on the subject this evening, and, of course, I must at this time also add my congratul ations to the former Minister of Tourism for the hard work he did in that role, particularly with this project and others. The One B ermuda Alliance Government r emains focused, 100 per cent dedicated to grow Bermuda’s overall tourism product. On a personal note, I recall first -hand working at Elbow Beach in 1978 how thriving the hotel industry was at that time. And then, of course, we s aw a record year in 1980. And I som ewhat disagree with the Honourable Member who just took his seat a little while ago. I feel, personally, that we can get back to that time as a country from the dedication, the renewed effort that the current Go vernment i s putting in place to put tourism back on the map. And, of course, as we all know, our hospitality industry benefits each and every one of us. Recently, a friend posted on Facebook to state how difficult it was for him to get rooms over the Memorial [Day ] weekend. I looked at that. I mean, it’s not a bad problem to have, you know, which is great! We all know that we need more hotel rooms in Bermuda. So, of course, even though this is not a lot of hotel rooms, you know 24 to 30 initially, and then there wi ll be more hotel rooms another 20 to 30 guest rooms once they make the switch from the Harbour Drive Villa site, it is
Bermuda House of Assembly still in the right direction. The hotel, as I believe was already said by the Honourable Grant Gibbons, currently has 88 rooms, 28 are superior rooms, and they have suites there and so on. I do agree . . . actually, we all must agree that we need more hotel rooms in Bermuda. When you think that we only have 2,500 beds and that two hotels that I know of in [Las] Vegas, the Venetian and the MGM Grand, have over 4,000 rooms themselves . . . and one thing that we all must understand, and this is where these concessions are so important. We are not just competing with the islands south of us. We are competing with the world. So it is so important to give concessions to hotel groups like this, developers like this, and others, because we need to have foreign dollars to be invested in our economy. I would strongly recommend that all Honourable Members in the House and the people in the li stening audience, google Gencom (G-E-N-C-O-M) to see first -hand the reputation that this company has around the world. Many of the hotels they own are Ritz-Carltons which, as was said earlier, we need to have hotels of that stature in this country because there ar e many high- end tourists that will only go to hotels such as those. So, again, Mr. Speaker, it is truly companies such as this that we need to work with and roll the red carpet out for, yes. Not give away the shop, but we must do more, because there are so many places in the world that would love to have companies such as this spend money, foreign capital, in their countries. The great thing about it is that this will initially create jobs in construction and then once the additions are made they will nee d more people to work the hotel. And I can assure all who are listening that as Chai rman of the National Training Board I will do all that I can to make sure Bermudians are employed in every area of that hotel. On that, I am happy to say that I personally asked Bermudian Paul Telford who is the general manager of that hotel to sit on the National Training Board. And I know he and I together will make sure that Bermudians come first on this project. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Acting Leader of the Opposition, MP David Burt. You have the floor.
Mr. E. David BurtThank you, Mr. Speaker. I will be brief. But I could not resist the invitation by the former Minister of Tourism, after he decided to get up and, you know, pat him self on the back for the work which I guess he feels that he is responsible for for …
Thank you, Mr. Speaker. I will be brief. But I could not resist the invitation by the former Minister of Tourism, after he decided to get up and, you know, pat him self on the back for the work which I guess he feels that he is responsible for for the Ber-muda Tourism Authority. But I find it interesting that the Honourable Minister, or, sorry, the former Minister, wants to cherry -pick from the numbers. And when we hear these things about 947 per cent i ncrease in cruise visitors, and we hear these things about air ar-rivals and all the rest, it seems . . . because you know me, Mr. Speaker, I have all these statistics right here, so I can pull them up real quick to make sure that I can give facts when we speak inside this place. The BTA has changed how they count vis itor arrivals. So we can’t even compare apples to ap ples. I went back and looked at visitor arrivals for 2013, 2014 and 2015 which were reported by the BTA, and they were saying 30,000. But this year we are seeing something for the BTA that says 18,000, but yet we are being told that it is a massive increase. Something is going on. Something is not right. But once again, we see the deception. But let’s go to a place that is even more i mportant, Mr. Speaker, because we all want tourism to succeed, of course. But is it the ultimate determinate of what happens as to how tourism adds to our eco nomy not visitor spending? How come the former Mi nister of Tourism did not state that visitor spending was down? If we have all these new visitors coming to the country, why are they spending less money? Could it be that the BTA brought some of those people here? Could it be that instead of staying in hotels they were staying up at Warwick Camp instead of adding to the economy, staying for free? Could those be some of the possibilities of it? I think that we have to present the full and total picture. Now, I would hope that the Junior Minister of Tourism, when he is able to respond . . . because I see some technical officers are here. I don’t know if anyone is here for the BTA . . . [I hope they] can possibly advise us as to how or why the BTA has changed how they are count ing tourism arrivals. B ecause if I am looking back at what they put out last year, and last year their quarter one air arrival figure was 29,000, and then I am looking at this year and it is 18,000, but yet they are telling us that there is this increase, something is not adding up. Mr. Speaker, we all support tourism revitali sing, we do. But let us be clear about the challenges we face. [The year] 2016 will be a better year than 2015, Mr. Speaker. That will happen. And that is because we have events that will bring more people to the country this year, namely (one that is happening next month), the Newport to Bermuda Race. We know these things, Mr. Speaker. Also, when we hear the Minister say quarter one air arrivals are up because we have done the work of the former Minister, well, you lost it last year when you ended the MRG. So you lost the air route and then the MRG gets put back in and now you have —
The SpeakerThe SpeakerYes, Honourable Member. The Chair will recognise the learned Member from [constituency] 31. 1788 20 May 2016 Official Hansard Report Bermuda House of Assembly POINT OF ORDER [Misleading]
Mr. Shawn G. CrockwellThank you, Mr. Speaker. The Honourable Member is misleading the House. I think he has been inadvertently misleading the House all along, but I have to check his facts. There was no withdrawal of an MRG last year. There was never an MRG in place last year. So that is …
The SpeakerThe SpeakerNo, he was not finished. He is not fi nished yet. [Inau dible interjection]
The SpeakerThe SpeakerHe is still not finished, Honourable Member. Carry on.
Mr. Shawn G. CrockwellNo. I was just highlighting that the Honourable Acting Leader of the Opposition was saying that something was withdrawn. Nothing was withdraw n.
Mr. E. David BurtMr. Speaker, I will accept the correction and withdraw the remark about the MRG being withdrawn. But what I will state is that the Government lost the air routes for the winter service, which we had never lost bef ore. And now, when the air routes have come back in, …
Mr. Speaker, I will accept the correction and withdraw the remark about the MRG being withdrawn. But what I will state is that the Government lost the air routes for the winter service, which we had never lost bef ore. And now, when the air routes have come back in, when there is this seeming increase, because we still have to reconcile why the BTA last year in 2015 reported air arrivals at 29,000 and this year they are reporting 18,000, but yet they are telling us that it is an increase, we need to reconcile those numbers, clearly, and understand the difference between. But the fact is that, yes, if you are going to have more air capacity then you may see it increase. But do not celebrate an increase off of 49- year lows. Let us not forget that —49 -year lows. So you have come off the bottom of your 49year low. Okay, yes, that is a good thing. But you have a long way to go. If you had not have lost the air route before, you probably would not have had to talk about, Oh, we’re coming off the bottom of the barrel —
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Mr. Shawn G. Crockwell: The Honourable Member is misleading the House. No one lost anything. The ai rline w as considering leaving the jurisdiction for years because of poor performance prior to the OBA Go vernment. It got to a point where it made an …
Mr. E. David BurtMr. Speaker, I love when the shadow . . . the former Minister of Tourism makes my point. So, what he is saying is that the airline was considering leaving and things got so bad under the OBA withdrawing investment from tourism that they decided to leave. He has made …
Mr. Speaker, I love when the shadow . . . the former Minister of Tourism makes my point. So, what he is saying is that the airline was considering leaving and things got so bad under the OBA withdrawing investment from tourism that they decided to leave. He has made the point for me, Mr. Speaker. And this year tourism may get better because the OBA has finally given a little bit more i nvestment to it. Not as much investment as is necessary and needed for a pillar of our economy that the OBA has said numerous times mus t be relied on to provide jobs and employment for Bermuda. So that is it, Mr. Speaker. So, yes, 2016 may be better than 2015, because we have events, such as Newport to Ber muda. Yes, 2015 [sic] may be better than 2016 [sic] because the Government has give n additional investment and as anyone in business knows if you market additionally, if you invest more in marketi ng you may see an additional return and more people coming to the country. So that is to be expected. But this could have been taking place when we first mentioned it three years ago, instead of it ha ving to hit a 49- year low with a Government that finally realised that maybe they should put their money where their mouth is, Mr. Speaker. So, yes, we will support the hotel concession. Yes, we want to make sure that things advance. But let us not have too much gloating over a quarter of air arrival statistics where, clearly, the BTA is changing in some way shape or form how they count the numbers. If we would have invested in tourism before we woul d not be talking about 49- year lows in air arrivals. Let us remember, 48- year low in air arrivals happened under the One Bermuda Alliance Government. The next year, 49 -year low i n air arrivals, happened under the One Bermuda Alliance Government. That is their r ecord, Mr. Speaker. So they can celebrate coming off the bottom, but we know where the lows came from, and it was because they did not invest in the industry which they themselves said we need to invest more in so that we can have better jobs and bett er situations in this country for our people. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Premier. Bermuda House of Assembly Hon. Michael H. Dunkley: Thank you, Mr. Speaker. We just had another exampl e of “Burt -math” . . . a nother clear example of Burt -math. You know, it is amazing …
All right. Thank you, Honourable Member. The Chair will now recognise the Honourable Premier.
Bermuda House of Assembly Hon. Michael H. Dunkley: Thank you, Mr. Speaker. We just had another exampl e of “Burt -math” . . . a nother clear example of Burt -math. You know, it is amazing how politicians can always turn a positive into a negative. We come here, we start out with a very reasonable and responsible debate about a very important matter facing this ho nourable Chamber here today with the draft regulations entitled The Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016, and we turn that positive into a negative. The Honourable Member who just provided the Burt -math seems to forget the investment, the in itiative, the incentive provided to have the Hamilton Princess invest $100 million in a product where we see the final stage being released to the public in the sunshine of public scrutiny with the opening of the new spa in that wing in early July of this year, with the investment that we talk about today at Tucker’s Point, with the breaking ground that is going to take place over in Morgan’s Point very soon, with the investment and the commitment to Desarrollos in the East End of the Island, with Pink Beach, that is supposed to open up in January of 2017. I could go on and on and on about the concessions in the pipeline. But I will not stand here tonight, Mr. Speaker, and allow Burt -math to turn a positive into a negative. Now, Mr. Speaker, l et me get to those numbers, because the numbers that I have in front of me show first quarter 2015 as 16,002 air arrivals. First quarter 2016 is 18,189. Those are the numbers that I have in front of me to compare the two quarters. That is the 13- plus per c ent increase. So, those are the numbers that I am standing by, and those are the numbers that have been provided by —
Mr. E. David BurtPoint of order, Mr. Speaker. Hon. Michael H. Dunkley: That is a significant i ncrease.
The SpeakerThe SpeakerHonourable Premier. Yes, Honourable Member. POINT OF ORDER
Mr. E. David BurtThe Honourable Premier may be confused because I am looking at a 2015 report from the Bermuda Tourism Authority’s website which says total visit or arrivals quarter 1, air, 20,966. That’s off the website. Someone has changed how they are counting the numbers. The Premier and the Gover nment need …
The SpeakerThe SpeakerPremier? Hon. Michael H. Dunkley: Mr. Speaker, I am looking at the number s right here in front of me from the current website. So the Honourable Member . . . if he has a question with that, he can question them and get them to justify that, quite clearly, …
Premier? Hon. Michael H. Dunkley: Mr. Speaker, I am looking at the number s right here in front of me from the current website. So the Honourable Member . . . if he has a question with that, he can question them and get them to justify that, quite clearly, because if those numbers were the numbers for the first quarter in 2015, then that 49- year low that they keep talking about would not have been the case last year. It would have been a tremendous increase, Mr. Speaker. So, you know, you cannot spin and try to turn this positive into a negative, because this very clearly is proof that we are moving in the right direction. And we have gotten away from this concession order that we have here today. But I think it is important to allow the debate to go there because we need to focus in on the significance of the tourism product for Be rmuda. And if the Opposition has a hard time stating and supporting, yes, there appears to be a positive trend . . . and I say “appears” because I do not want them to jump whole hog and be too optimistic about it. We believe, on this side, that the tre nd is very pos itive. As the Honourable former Minister said, the first quarter was good; the second quarter and the rest of this year look very good. I want to take this opportunity to applaud the former Minister for the work that he did. And, yes, he should take some credit and kudos, along with the entire team that he worked with, PS Richardson, St acey Evans, everyone involved in the tourism product, because the Minister and that team took the flak from the other side as he was working to build that found ation to have that turnaround. And no one said it would happen overnight. But we told you it was coming, and now it is here. The Minister should take a pat on his back for the hard work that he has done. And he should take some credit and some accolades f or it because he accepted the criticism. He took it like a man, and he gave explanations. And I think it is unfortunate that Members in the Opposition do not even want to cut a little bit of slack in this case. Now, Mr. Speaker, the Honourable Member for constituency 21 who spoke a few moments ago in reference to Tucker’s Point, referred to in his comments that the property was a bit tarnished. While I can accept on one aspect that through the receivership there might be the opinion, or belief by some, that the property was tarnished, I can say that I am very comforted by the fact, Mr. Speaker, that under the guidance of the management there, specifically Mr. Telford and Rosewood, and the entire staff there, through this very difficult period of receivership they have worked very hard to ensure that they kept pu tting out a first -class product. And I say that based on feedback that I have had from numerous guests who have stayed in that property over the years, and the reports that they have given about the service at the property, the quality of the property, the rooms that 1790 20 May 2016 Official Hansard Report
Bermuda House of Assembly they get —everything involved with that facility from the beach club to the golf course. So I want to take this opportunity to commend all of those staff who worked under very difficult ci rcumstances. And, yes, this concession order has taken some time to get to this stage. As my col-leagues have alluded, these things do take some time, and you want to make sure you get them right. And there were some other issues that we had to work through before we came to the House with the concession order about what happened to back taxes and what happened to other responsibilities. So, through all of this period the staff were working to the best of their ability to provide the service and the expectati on of all of our visitors with that cloud hanging over their heads of what could happen to the property. So I want to take this opportunity as we see a brighter day approaching for tourism in general in Bermuda and for Tucker’s Point, to thank them for sticking to it. Because every day when you go to work and you really do not know what the future will be the next day, it has got to be an unsettling experience. But they did a great job, because not once, not twice, but countless times I had reports from individuals who stayed there and they loved the facility. And, Mr. Speaker, I was blessed to go there on a few occasions, whether it was for dinner or for a conference, and I always found it first -class service by all of the staff. So “thank you” to those peo ple led by Mr. Telford, because they are excellent ambassadors for Bermuda tourism and as we see the re- birth of tourism, as we see the growth of tourism in Bermuda, this bodes well for us. Now, Mr. Speaker, I am excited for this concession order today, because once this moves on we can move forward and we can have more investment in the product in Bermuda. I think, in my humble opi nion, Mr. Speaker, one of the challenges that that property had, in spite of the planning that was put into it, the detailed desire to build a resort of quality, it just was not of the size to make it cost -efficient and then profitable. And I am delighted to see that it is the i ntention to make a significant investment in it, as the Junior Minister has said, because I think once t hey do that, once they put in another 40 or 50 rooms in the appropriate place, enhance the conference facilities, which were reasonable for certain sized events and they gave great service, but once they enhance that, once they enhance the restaurant and do things like that, then I think that this facility will be very sustai nable and profitable. And, to top it all off, a point that has not been lost on me and some colleagues, Mr. Speaker, is that I believe that the new owners, once this receivership is finished and the concession goes through, are going to get a good deal. They are going to get a good deal on this property in spite of the blood, sweat and tears by some of the original investors and what we have had to work through. So, I am very excited th at the former Minister has worked so hard to bring the concession to the House today. And I am glad that the Junior Minister, a man that has so much passion for tourism, had the opportunity to present it when he was such a big sup-porter of the former Minis ter. I will tell you a brief story about the Junior Minister. I have always been captured by Junior Mini ster Bascome’s enthusiasm and passion for Bermuda and, more specifically, our people, our visitors and tourism. A couple of days ago (I think last week) I had the opportunity to go up and visit a cruise ship in Dockyard. And MP, Junior Minister Bascome, was outside. It had just cleared security and he was about to walk up the gangplank to go inside and it took him about a half an hour to get from the clearance of sec urity to the gangplank because as every visitor came off the ship, he was engaging them and telling them about Bermuda, and telling them stories and telling them stories and finding out where they were from. And I could see the look on those vi sitors’ faces and how enthused they were to hear the passion and ex-citement from the Junior Minister and to learn about our country and our people. I think the Junior Minister is going to do a stellar job, because anybody who operates from a basis of pride in what they are, in what they do, and what they sell, that is contagious. So I am delighted to see that the former Mini ster and the Junior Minister are supporting each other here today with something that the former Minister had so much work put into wi th his team. Now, there has been some comment, Mr. Speaker, about concessions generally and what we give away. It is very clear to me: If you start with not hing, you cannot be giving something away. Conces-sion orders, which the former Government takes great pride in talking about and how they changed the Act . . . we are working on a new Incentive Act moving forward. If you are going to stimulate investment in tourism, and we know that any business is very compet itive all through the world nowadays just bec ause of the speed of money to be moved around just because of the advance in technology and how anybody can go anywhere nowadays and invest in any business, and tourism is perhaps one of the most competitive businesses because the rate of return is just not in a position that it once was because everybody is doing it. And, Mr. Speaker, once everybody gets involved in doing something, then competition is higher and the rate of return is smaller. So, I am sure what the former Government, wanted to do (whether they admit it or not) was make sure that they stimulate investment. And this Gover nment will do everything we can to stimulate inves tment. And if you have nothing to start with, you cannot be giving something away. What we are trying to do with these incentive orders is move forward with the general intent of the policy, work within that fram ework, but at the same time, Mr. Speaker, everyone
Bermuda House of Assembly who comes through the door and wants to talk about an opportunity of investment somewhere, we have to listen. We hav e to listen to the general platform of what they believe will work for them. Because if you do not, they will pick up their idea and go somewhere else and perhaps find somebody else who will listen with more intent than you had, and take that opport unity a nd run with it. And so, because tourism is so rapidly changing, we cannot be stuck in any one box on any issue. We have to listen to the developers and the investors, and we have to make sure that we get the best deal for Bermuda to not only get the inves tment to happen, but to make the project happen to get Bermudians working so the ambassadors that we have created through the years can continue to live on and provide tourism where we need it to be. And I think that the days of Bermuda being one of the world leaders in tourism are still there for us. I think with some of the new investment I have seen and the product that I had the opportunity to see down at the Hamilton Princess Hotel with the two phases that are fully open, I am absolutely delighted with the quality and the service that is being given. Mr. Speaker, you have seen some of the Bermudian development in the restaurants and on the resort property down there. And I think that bodes well right across the industry. And I think if we, as the Government and the Opposition, work together to support that industry, we can make sure that working together we can get more Bermudians involved and find out that it is a rewarding career and a career that does so much for them and their family and for Bermuda going forward. So I am excited that we are here today. And we have had a robust debate about this concession order. And I can tell you, Mr. Speaker, that there are more to come because this increase in air arrivals in the first quarter will continue throug h this year, and we are not going to stop because we have something to offer in Bermuda. The BTA has revitalised tourism. They have done a good job of revitalising tourism based on the plan that was put out a couple of years ago and the experiences that we offer now are star ting to capture peoples’ imagination with money to spend all across the spectrum, young and old. This is not your grandmother’s holiday anymore. Anything you want to do in Bermuda, the experience is there for you to captivate. And I appl aud the young entrepr eneurs that are getting involved thinking outside the box and offering those experiences. That is what is going to continue to drive Bermuda tourism forward. So, we started this debate on a positive tone, I will not allow it to go negative because this is a pos itive piece of legislation today, and I want to credit the former Minister and all his colleagues for their vision in moving it forward. And there is more to come. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you very much, Honourable Premier. Just [a moment], we have the Honourable and Learned Member who wants to give a point of clarif ication. POINT OF INFORMATION
Mr. Shawn G. CrockwellYes. Thank you, Mr. Speaker. Just a point of information, because I think it is important. I know that there are members of the public listening, because I have had text messages about this issue. And so, we want to make sure that the i ntegrity of the numbers is …
Yes. Thank you, Mr. Speaker. Just a point of information, because I think it is important. I know that there are members of the public listening, because I have had text messages about this issue. And so, we want to make sure that the i ntegrity of the numbers is there. And I have already consulted with the Acting Opposition Leader, and he agrees . If you look at the actual numbers, the difference between 2015 and this year is that the BTA [Bermuda Tourism Authority], quite rightly, Mr. Speaker, has segregated vacation and leisure from business arrivals, because the job of the BTA is to bring people to Bermuda for vacation and leisure. That is their job. They market to bring tourists, leisure travellers, to Bermuda. And of course, we have an international bus iness that brings business visitors to Bermuda as well. But we know that with the change in the international business model, we have seen a significant number of individuals leave Bermuda. So you are going to see a decrease in the business visitors, as well as a decrease in [their] visiting friends and relatives. So, what we saw in 2015 was t he total quarter 1 air arrivals, which included vacation and leisure and business [visitors], but in 2016, we segregated the vac ation/leisure from the business. But the overall good news, Mr. Speaker, whether or not we are talking about 13.7 per cent or the naught, the total air visitor arrivals for 2016 is 11.3 per cent up. So I just want to say that the Honourable Member, the Acting Opposition Leader, had a valid point when he raised the issue in terms of the numbers. We have been able to look at it and justify it and address his concern. But the upshot is, Mr. Speaker, that if you are talking about the overall air arrivals, it is up 13.3 per cent, which is good and still in the double figures. And if you are talking about just vacation and leisure, which falls under the remit of the Bermuda Tourism Authority, it is up 13.7 per cent. And I think based on all of the criticism they have received, they are justified in patting themselves on the back. Thank you.
The SpeakerThe SpeakerThanks for the clarification, Honourable Member. The Chair will now recognise the Minister of Finance. Minister Bob Richards, you have the floor. 1792 20 May 2016 Official Hansard Report Bermuda House of Assembly Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Just a few thoughts. I think that it …
Thanks for the clarification, Honourable Member. The Chair will now recognise the Minister of Finance. Minister Bob Richards, you have the floor.
1792 20 May 2016 Official Hansard Report
Bermuda House of Assembly Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Just a few thoughts. I think that it would be unfortunate if somehow the good news that we are talking about here gets turned around into something negative. I take the Honourable Acting Opposition Member’s point that after 30- odd years of secular decline in tourism arr ivals, you know, one should not get overly excited about a good first quarter or a good any quarter, quite frankly. And a good quarter could just be a fluke—if you did not have the other information that we have. But the truth is when you compare what has been done to (a) stop the rot in tourism; and (b) turn it around, we feel confident that this is not a fluke, not a fluke at all. I mean, when you stop to consider that in 1980, tourism comprised about two- thirds of the Bermuda economy, two- thirds of the GDP was tourism - related, and that fell from two- thirds to 8 per cent. I mean, it is breathtaking— to 8 per cent! We had the bed capacity in this country cut by more than half, yet we still could not fill the beds. I mean, we really had an industry that was either dead on arrival or com atose, one of the two. So, when this Government came into power, we took a very analytical business approach to solving this problem. This is one of the reasons that I think everybody in the Government feels that the results we are seeing here are not a fluke. Because we have kind of dissected the pr oblem and said, What is wrong? Now, I have heard a lot of mention being made that the former Government sort of invented concessions. They did. But the concessions were not enough. The concessions they put in did not have any effect. The decline [continued], in spite of the conces-sions. And when we had that Tourism Investment Conference in our first year of Government, we found out that the concessions that we had on the books in Bermuda at that time were not even in the ballpark compared to competing jur isdictions. So it is okay to say that, Yeah, put up your hand and say, you know, we started concessions. But if they are not good enough, they are not big enough, they are not sweet enough, they are not effective enough, then there is no point in having them. So what we have done, we have come up into a marketplace. We have upped the game of concessions. And the Premier is right, you know. You are not giving away anything if you are not getting anything anyway. So we have had to make our concession package competitive. And what is the proof that our concession package is competitive? The proof that it is competitive is that we are now getting inward direct investment capital in tourism in Bermuda, the likes of which we have not seen in 40 years! That is the proof that we are on the right track here. Now, when you have that kind of activity going on in the investment side, people are putting up hundreds of millions of dollars, they do not do that for nothing, Mr. Speaker. They do not do that for nothing. They do not do that because they love Bermuda. They do that because they are looking for a return on their investment. And when you make that kind of decision, it is a hard- headed decision. It is not a joke; it is not a whim. And the fact that we have got inv estment capital coming into Bermuda is the key thing. And when you juxtapose the investment capital against now we are getting some results with people coming in, we know that those two things are connected. It is not a fluke! And I have heard mention about, Well, you know, if we spent some more money on tourism, maybe we’d have some more people. Mr. Speaker, that is so nonsensical. When Dr. Brown was Tourism Minister, we spent over $30 million a year on tourism! And what happened? The numbers kept going down. The numbers kept going down.
Mr. E. David BurtPoint of order, Mr. Speaker. Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. MP Burt. POINT OF ORDER [Misleading]
Mr. E. David BurtOnce again, the Honourable Mi nister of Finance is misleading the Ho use, because he will know, and I am sure that the Honourable Former Minister of Tourism behind him will correct him, that up until 2007, there was a reversal of the trend and the numbers were going up. …
The SpeakerThe SpeakerThank you. Hon. E. T. (Bob) Richards: Oh, yes. Everything is the fault of the Great Recession. Mr. Speaker, the only thing that I recall going up were cruise ship passengers. That went up a lot.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. E. David BurtOnce again, the Honourable Mi nister of Finance is misleading the House. There were increases in air arrivals as well during that period up until 2007.
The SpeakerThe SpeakerThank you. Hon. E. T. (Bob) Richards: Yeah, Mr. Speaker, I have been informed by the former Minister that those numbers that he is referring to included business vis iBermuda House of Assembly tors, all right? They were not leisure visitors, who are the key to tourism. All right? S …
Thank you. Hon. E. T. (Bob) Richards: Yeah, Mr. Speaker, I have been informed by the former Minister that those numbers that he is referring to included business vis iBermuda House of Assembly tors, all right? They were not leisure visitors, who are the key to tourism. All right? S o you can include those numbers like you would do the last time.
The SpeakerThe SpeakerYes, yes, Honourable Member. POINT OF ORDER
Mr. E. David BurtMr. Speaker, the Honourable Mi nister of Finance cannot say whet her or not business visitors went up or down because those numbers were not tracked individually at that time. We are tal king about air arrivals. He can only speak to the facts of which he can know. [Inaudible …
Mr. Speaker, the Honourable Mi nister of Finance cannot say whet her or not business visitors went up or down because those numbers were not tracked individually at that time. We are tal king about air arrivals. He can only speak to the facts of which he can know.
[Inaudible interjection]
Hon. E. T. (Bob) Richards: That period of time only coincided when the fact that international business was booming out of sight and we had people coming here to form reinsurance [companies] hand- over-fist. So, I mean, the anecdotal evidence is clear, right? The Honourable Member can d eny it all he likes. The fact is that we had a budget in the Tourism Depar tment, I believe at one year it was over $30 million. [Inaudible interjection]
Hon. E. T. (Bob) Richards: Forty million dollars, I am being corrected. And so it is not a question, Mr. Speaker, of throwing money at it, which was the modus operandi of the former Government. Just throw money at it! Well, you know, you cannot do that. You have got to analyse the situation and approach it in a business - like way, which we have done. So, you know, we are looking at this thing in a way where we are confident that we are turning the corner on tourism after a very long period of decline. It is not easy to turn around a trend like that. It is not easy at all. But you take it, you analyse it, y ou dissect it, you look at all the components and find out what it is you are doing wrong, which is what we are doing. I mean, the former Government was busy, you know, singing the national anthem in Fenway Park and all that sort of stuff. [Inaudible interjection]
Hon. E. T. (Bob) Richards: And this sort of stuff just does not cut it, Mr. Speaker. It just does not cut it. The fact that we took the politics out of tourism, put it into the Tourism Authority , and got experts to dissect this industry to find out what was wrong with it and apply solutions in a business -like manner is the key to tur ning around something that we thought would never happen, at one point. And that is something we thought would never happen, that people would stop coming to Bermuda. We thought that no matter what we did, people would still come to Bermuda, because of what? Why? Because Bermuda is still beautiful. But we now know that argument is vacuous. You have to make a business case because your cus-tomers have alternatives. And w hen your customers have alternatives, you have to provide value for money. So when you combine, Mr. Speaker, the i nvestment capital that we have been able to attract to tourism through competitive concessions, firstly, and through a process that does not r un investors around a circle and a circle and a circle and a maze that is called the Bermuda Government . . . That is the other thing that we solved. We heard our customers. And what they said, Okay. We might be interested in Bermuda. But by time we go through the maze that is the bureaucracy of gover nment, you know, we have to throw up our hands in despair and we say, See you later . Because investors like the ones in Tucker’s Point, they got the run around in the bureaucracy in Bermuda for years! They just could not get a decision made. And when this Government formed the Ec onomic Development Committee and got all the stak eholders around the table and said, Instead of running our investment clients around the bureaucracy of Bermuda, what we’re going to do is to run the idea around a table in a room. That is what we are going to do. We are going to run the idea around a table, with everybody in the same place at the same time. And when we come out of there, we can get a decision for our investment customer s. And that is a key point, because if we had not done that, the Greens, the Desarrollos people, and the Morgan’s Point people would still be nowhere near—nowhere near putting money in Bermuda. B ecause some bureaucrat somewhere— [Crosstalk]
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Minister of F inance is once again misleading the House. He is speaking about the Economic Development Commi ttee response for investments at the Hamilton Princess when he knows full well that those investments were taking place prior to the One Bermuda Alliance coming into office. [Inaudible interjection] …
The Honourable Minister of F inance is once again misleading the House. He is speaking about the Economic Development Commi ttee response for investments at the Hamilton Princess when he knows full well that those investments were taking place prior to the One Bermuda Alliance coming into office.
[Inaudible interjection]
1794 20 May 2016 Official Hansard Report
Bermuda House of Assembly Hon. E. T. (Bob) Richards: That is sheer nonsense— sheer nonsense! I remember sitting in that room while those decisions were being made. So I do not know what he is talking about. The point is that we got rid of the red tape. I have to say we have not gotten rid of all of the red tape. Before the Honourable Member jumps up and says, We haven’t got rid of all of the red tape, I will say we have not gotten rid of all of the red tape. But we have gotten rid of a lot of the red tape that was really hurting our chances of getting those investment dollars actually deployed in our Island. So those are the key points, Mr. Speaker, for the reason that we are confident that the results that we are seeing are the results of a clear strategy, a clearly executed strategy, as opposed to a fluke. Because, you know, there can be false dawns. Any investment person will tell you that trends jump all over the place before you see an actual tur naround. And I, for one, am still watching this very carefully because I know what trends can do. But I believe that we are on the solid footing here because of the things that we have done. When you put these numbers [into] the context of the things that we have done to turn around this industry, this is for real. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Members care to speak? Minister Bascome, would you like to speak, Junior Minister? Hon. Kenneth (Kenny) Bascome: Yes, Mr. Speaker. I do not believe that we h ave actually done any debating on the actual Bill itself.
The SpeakerThe SpeakerYou just close it up, Honourable Member. Honourable Members have said what they want to say. And now you close it up, and we will vote on it. Hon. Kenneth (Kenny) Bascome: Well, I have a little something to say before that, with your indulgence.
The SpeakerThe SpeakerIf it has to do with this, yes. Hon. Kenneth (Kenny) Bascome: Yes. Well, I am going to say first of all, thank you to the Honourable Premier for affording me the opportunity to—
The SpeakerThe SpeakerHonourable Member, we are not doing that kind of speech. You know, let’s — [Laughter] Hon. Kenneth (Kenny) Bascome: No, I wanted to say I am —
The SpeakerThe SpeakerThe Premier is not happy with me now. The Premier’s not happy. [Laughter] Hon. Kenneth (Kenny) Bascome: The Premier does not want to hear that? [Laughter]
The SpeakerThe SpeakerCarry on, Honourable Member. Hon. Kenneth (Kenny) Bascome: Yes, Mr. Speaker.
The SpeakerThe SpeakerRemember you are speaking . . . Whatever you say, you must put it in the context of the Order that we have in front of us. Hon. Kenneth (Kenny) Bascome: I am speaking to the Order, Mr. Speaker.
The SpeakerThe SpeakerAll right. Carry on. Hon. Kenneth (Kenny) Bascome: I am very disappointed that my lady is not here to see me do this, passing the Order. Mr. Speaker, I move that the draft set of Regu lations be approved and that the message be sent from this Honourable House to …
The SpeakerThe SpeakerAll right. Thank you very much, Honourable Member. Any objections to that? There are no objections. So the Order is approved, and the message will be sent as requested. Thank you, Honourable Junior Minister. [Motion carried: The Draft Regulations entitled the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016 …
The SpeakerThe SpeakerOrder No. 11 is carried over . That takes us to Order No. 12, which is in the name of the Acting Opposition Leader, E. D. G. Burt. So you have the floor. [Pause]
Mr. E. David BurtGood evening, Mr. Speaker. Mr. Speaker, I do not have a prompt. But I would assume that we are — The Clerk: You are moving the Motion, notice of which was given . . . You move the following motion, notice of which was given on the 16 th of …
Good evening, Mr. Speaker. Mr. Speaker, I do not have a prompt. But I would assume that we are — The Clerk: You are moving the Motion, notice of which was given . . . You move the following motion, notice of which was given on the 16 th of December 2015. And then you can read it as follows.
Bermuda House of Assembly MOTION
AUDITOR GENERAL'S SPECIAL REPORT ON MISUSE OF PUBLIC FU NDS - FINANCE MINISTER’S RESPONSE TO PUBLIC ACCOUNTS CO MMITTEE REPORT ON
Mr. E. David BurtThank you, I was looking for the correct opening. Mr. Speaker, I move the following Motion, n otice of which was given on the 16th of December 2015: THAT THIS HONOURABLE HOUSE take note of the Minister of Finance Response to the R eport of the Parliamentary Standing Commi ttee …
Thank you, I was looking for the correct opening. Mr. Speaker, I move the following Motion, n otice of which was given on the 16th of December 2015: THAT THIS HONOURABLE HOUSE take note of the Minister of Finance Response to the R eport of the Parliamentary Standing Commi ttee on the Public Accounts on the Special Report of the Auditor General on the Misuse of Public Funds , tabled in th is House on the 17th of July 20 15.
The SpeakerThe SpeakerAny objections to the Member carrying on? I do not think so. Carry on.
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, I am reporting this matter to the House in my capacity as the Chairman of the Public Accounts Committee [PAC]. And, of course, the Public Accounts Committee issued their report on this particular issue in June of 2014, so it was quite …
Thank you very much, Mr. Speaker. Mr. Speaker, I am reporting this matter to the House in my capacity as the Chairman of the Public Accounts Committee [PAC]. And, of course, the Public Accounts Committee issued their report on this particular issue in June of 2014, so it was quite some time ago, almost two years ago. Our accountability cycle in Government in our current House is something that is very long. And it is hopeful that in the future we will be able to make it a little bit more swift and a little bit . . . the cyc le would not [last] as long as it [does]; it can be a little bit quicker. Nonetheless, as this is a take note motion, I will not have the opportunity to respond. So I will ad-dress this motion in two parts. I will give the official report as the Chairman of the Public Accounts Committee, and then I will add my personal comments at the end, because it is very important I distinguish be-tween those two roles. And as Chairman of the Public Accounts Committee, I am reporting on behalf of the Public Accounts Comm ittee at that time and on this particular report.
Mr. E. David BurtThank you very much, Mr. Speaker. I just want to make sure because I know that I might get, you know, chastised later on down the road. The Sp eaker: That is fine, Honourable Member.
Mr. E. David BurtSo I am just going to make it clear. Mr. Speaker, in June 2014, the Public A ccounts Committee issued the report to the Auditor General, the Auditor General’s Report on the Misuse of Public Funds. And this report centred around the question of government ministers being named in a …
So I am just going to make it clear. Mr. Speaker, in June 2014, the Public A ccounts Committee issued the report to the Auditor General, the Auditor General’s Report on the Misuse of Public Funds. And this report centred around the question of government ministers being named in a lawsuit that was being paid for by the Government of Bermuda on the issue basically of false and fraudulent documents being inserted into government files. And I think that we have to be very clear at the very outset that these were fraudulent documents inserted into government files. Now, through this exhaustive investigation into this exhaustive meeting of the Public Accounts Committee, the Public Accounts Committee hel d nine individual meetings on this report, and we summoned numerous civil servants to give testimony. We heard testimony from (and they are in the report; I will not go over it), but we heard testimony from two former Per-manent Secretaries, the current Fin ancial Secretary. And we also received written submissions by the former Ministers who were the subject of the special r eport. That would be Dr. the Hon. Ewart F. Brown, JP, and the Honourable Member from constituency Hami lton East.
Mr. E. David BurtConstituency 5, constituency 5. So in that, the Public Accounts Committee, through our exhaustive research, issued a number of findings. And I want to just highlight a few of those findings for the Members here, because I think that it is important. And I will go to . . . …
Constituency 5, constituency 5. So in that, the Public Accounts Committee, through our exhaustive research, issued a number of findings. And I want to just highlight a few of those findings for the Members here, because I think that it is important. And I will go to . . . we had a number of findings for A, for B, for C, for D, which basically went over the basic facts of the case—the fact that this was an action that was [NO AUDIO].
[Crosstalk ]
Mr. E. David BurtThank you very much, Mr. Speaker. So, in regard to, we issued a number of findings that just basically reviewed the facts of the case. And the facts are that there was a lawsuit that was authorised by the Cabinet. The lawsuit at some point in time ended up, because …
Thank you very much, Mr. Speaker. So, in regard to, we issued a number of findings that just basically reviewed the facts of the case. And the facts are that there was a lawsuit that was authorised by the Cabinet. The lawsuit at some point in time ended up, because it was a defamation la wsuit, could not be in the name of the Government of Bermuda. So it ended up in the name of Cabinet Mi nisters, and individual Cabinet Ministers. And this was what caused the contention and caused the Auditor General to issue this special report. I do want to highlight one item in 4e. And I will quote, and this is from our Public Accounts Report . It says that, “Given that the lawsuit was filed in the names of former Premier Ewart Brown and former Minister Derrick Burgess, and given that they may have stood to benefit from a successful suit, the Aud itor General argues that this was a misuse of public funds. The PAC agrees with the Audi tor General in 1796 20 May 2016 Official Hansard Report
Bermuda House of Assembly the strict letter of that law that a lawsuit in private names can be viewed as a violation of Financial I nstructions; however, given the unusual circumstances of this case, the Public Accounts Committee acknow ledges the Government’s position that it considered this action to be for a ‘government purpose’ and thus in line with existing Financial Instructions.” And the reason why I raise that, Mr. Speaker, is because we heard about, you know, misuse of public funds and various items through our accountability cycle and through looking at this. And at the point in time of this committee, there were four Members of the One Bermuda Alliance; there were two Members of the Progressive Labour Party; and there was an Independent Member. This committee reported unanimously, and this was our unanimous conclusion. So we accepted the position of the Government of the time that these funds were for a government purpose. So I want to make that point very clear. What I think we should also point out is that, of course, we have (f), where we will get into the rec-ommendations in (g). But I also want to highlight fin ding [letter] (h). And finding [letter] (h) said, and I will read it if you will allow me, Mr. Speaker, that “PAC takes note of the Auditor General’ s recommendation that surcharged funds be paid back, but it does not support the recommendation—as the Committee accepts the explanation that the Cabinet approved the funds and it was the view of the Cabinet that the funding was for a ‘government purpose.’ ” And I think that that should be very clear as well, because the Auditor General recommended that these funds should be surcharged, and it is the Public Accounts Committee’s unanimous view that in this case we do not believe that a surcharge is warranted. And we accept the former Government’s position as was relayed and the position as was found in our hearing that the funds were for a government purpose. So I wanted to highlight those two particular findings. But of course, Members can view all the par-ticular findings which were outlined in (a) through (h) in the report, which was tabled in 2014. Touching on the recommendations, Mr. Speaker, and of course, with our accountability cycle, the Public Accounts Committee receives a report. They investigate. T hey come back. They make recommendations. That recommendation is tabled. The Minister of Finance then reports back to this House on those recommendations, and that is when we commence the debate. So the two recommendations which were made by the Public Ac counts Committee, the first one was that the PAC recommends that the Government examines amending Financial Instructions to allow for the Cabinet to support a civil action taken on behalf of a Minister against anyone who defames and damages the reputation or credibility of the Minister when he or she is carrying out his or her duties. The PAC also recommends that any amendment to Financial I n-structions make it clear that any proceeds of any such action revert to the Government of Bermuda. Now, I am sure the Minister of Finance will give his response to that, as it is included in this documentation. So I will not touch on that too much. I will go on to read recommendation (b). Recommendation (b) says, “PAC recommends that the Government ensures that the Audi tor General receives access to all Government files without delay. The Office of the Auditor General must have the cooperation of the executive of the day to be effective—the lack of access to information gives the impression, whether rightly or wrongly, o f something to hide. The PAC recognises the doctrine of legal privilege, however if such co mmunication is to a legal team funded by the gover nment, it is the opinion of the Committee that the Office of the Auditor General should have access to any i nformat ion requested in accordance with section 14 of the Audit Act 1990.” Dealing with the first recommendation, Mr. Speaker, regarding the changes to the Financial I nstructions, I will acknowledge that in the Finance Mi nister’s response, the Minister of Financ e stated that “there is no particular amendment to Financial Instructions that is required because Financial Instructions already contain the term of for a government purpose.” And although I will accept what the Minister is saying, I will say that on behalf of the Public Accounts Committee, we would urge that the Minister, when he actually does amend Financial Instructions, make that particular point very clear. Cabinet, of course, can argue that anything is for a government purpose, and I think that was part of the challenge here. Cabinet said it was for a gover nment purpose. And given that Financial Instructions said that if Cabinet says it is for a government purpose, then it cannot be a misuse of public funds . . . but the Auditor General took dispute with that and said that it is not for a government purpose. And that is the reason why the Public A ccounts Committee said that we should make it very specific and very clear inside of Financial Instructions, so in the future if this happens . . . because we do know that for a time the Government was funding the Finance Minister’s legal expenses, however, the Mi nister of Finance chose to take upon himself. But we want to make sure that in the future we avoid this challenge from happening again. So I would once again reiterate that recommendation, although the Minister of Finance says that they do not believe that the change to Financial I nstructions is required. I would ask the Minister of F inance to reconsider his position and to make sure that we avoid th is in the future. Because the last thing we would like to see is a future Auditor General saying the exact same thing, Well, the Cabinet said it was for a government purpose, but I do not agree. If it is sp ecific in Financial Instructions as to the ways an d means of which this can be done, I think that would
Bermuda House of Assembly make it a lot more clear, and I hope that the Minister would actually take that recommendation on board, as opposed to saying that current Financial Instructions are good enough. If current Financial I nstructions were good enough, then, in my view, the Auditor General would not have made this report. So she does not believe it is good enough; the Public Accounts Committee, therefore, is urging that those changes be made to Financial Instructions to make it very clear in the f uture, going forward. The second item is that the PAC, as I said, recommends that Government ensures the Auditor General has access to these documents. Now, there was a dispute over legal privilege, and there was a dispute that the Auditor General was requesting documentation, and the Government did not provide it. The Public Accounts Committee took the view that, as the Government —and the Auditor General was part of the Government —she should have access to the documents that she req uested. Now, it would be seen in the Minister’s r esponse that the current Government, the One Ber-muda Alliance Government, took the same position as the former Government that those documents should not be handed over. And they have given their reasons i n the response to the Minister of Finance insofar of the claim of privilege. If you do not mind my reading where it says, “The Government is a legal person and is entitled to the same protection against disclosure of legal pr ofessional privilege informati on as any other person who seeks advice from legal counsel.” And they go on to give the reasons why they feel this should not stay. In my capacity as Public Accounts Committee Chair, I would like to reiterate that the PAC felt that the Auditor General bel ieved that she was being hampered in her work. And if it comes to an issue of ma king sure that the highest level of public scrutiny is upheld, then it is our belief that those documents should have been shared with the Auditor General. The Government argues that if those types of documents are shared, then it could, in ways in the future, mean that ministers may be less willing to give complete and honest counsel or information to their lawyers in fear that what they say may be used in the future or disclose d in public. In addition, those lawyers may not want to give full and frank advice for fear that that information may be disclosed to the public. What I would argue is that the Auditor General has walls of secrecy attached to her as well. And I do believ e that the Auditor General, being one of the highest offices of Government, understands the level of discretion whic h is required. There are many things that happen under the Auditor General’s watch that he or she is not allowed to disclose to the public. So I do not, in my capacity as Public Accounts Chair, believe that that holds up. And I would hope that in the future, if there is this dispute between the Auditor General and the Government insofar as access to documents that it could be dealt in a more, I guess, ameliorative fas hion, where if there are needs to protect the inform ation, to make sure that the information does not get published, does not go anywhere else, then that could be done. But in order to ensure that we do not have an Auditor General who feels that she is being blocked from information which she feels is necessary in order to execute her duties . . . so I think that is what took place. So we have the recommendations from the Minister of Finance. We gave those two recommenda-tions. The Minister of Finance has given his response, and we will hear more about those. And, Mr. Speaker, that will close what I have to say regarding this, in my official capacity as Chairman of the Public Accounts Committee. I will now remove that hat and then put on the capacity of Shadow Minister of Finance. Because it is my view that this entire saga— and I say its entire saga— was an extreme waste of money from begi nning to end. Countless hours, Mr. Speaker, have been spent, whether it be the Public Accounts C ommittee, whether it be money that was spent for lawyers, whether it be money that was spent by the Accountant General, writing the special report, whether it be i nvestigation from the police, whether it be all the rest, because somebody felt that it was a good thing to place fake documents inside of government files, attempting to frame Ministers of the Government for bribery and corruption. Let us be clear. That is what took place. And all of this which has resulted, all of, you know, the . . . and remem ber, this had to happen in either 2009 or 2010, way back now. So eight years later, we are di scussing this particular issue, Mr. Speaker. We have spent so much time on this particular matter. It is not something that we should have been discussing. And all during that time, nobody has been held to account, Mr. Speaker. Nobody has found out who has placed fake cheques inside of government accounts. And the people who have the access and the ability to place those fake cheques are still employed with the Gov ernment of Bermuda. That is something that, of course, should worry the current Government. That is something that clearly worried members of the Progressive Labour Party. And I feel incredibly sorry for the Honourable Member from constituency 5, the forme r Minister of Works and Engineering, the Ho nourable Derrick Burgess, that he had to have his name sullied by somebody who thought they could be too cute by half to put fake documents inside of government files in an attempt to smear the Government, Mr. Spe aker. It was a very sad day in our history. It is still a very sad affair. And I think it is a sad indictment that no one has ever been held to account for this partic u1798 20 May 2016 Official Hansard Report
Bermuda House of Assembly lar action, Mr. Speaker. And all the time and all the money that we have spent going about this situation — for what? Nothing, Mr. Speaker. Whether it be the lawsuits, whether it be the Public Accounts Committee time, all the rest. You will note inside of our report, Mr. Speaker, that it was the decision that the Public A ccounts Committee did not want to take on legal counsel to get independent legal advice to argue whether the Government was correct or the Auditor General was correct, because it did not make sense spending it, Mr. Speaker. We have a shortage of funds as it is right now. And t his entire issue, in my view, should have never in the first place been a special report for the Auditor General, Mr. Speaker. Because there are very extraordinary circumstances when a sitting Government, a sitting Premier and a sitting Government Minister are attempted [to be] framed by forged documents being placed in government files. And to think that that is what rises to the level of a special report? I do not agree, Mr. Speaker. And I think that it does an injustice to the office, and I think it does an injustice to the high level of what a special report should be held to for such a thing. This is certainly something that could have been added to an anecdote to annual reports. This is certainly something that could have been disclosed els ewhere. Bu t to have a special report claiming the mi suse of public funds when we have the Government, who has said that they follow Financial Instructions, the Cabinet approved the contract issued, and then the lawsuit, which could not be filed in the name of the Government was filed in the name of Government Ministers. I do not believe that we should have had a special report for this. And when we think about the special report, Mr. Speaker, the special report on this particular item, with the money that was spent on the Auditor General investigating the report, the money that was spent in the Attorney General ’s Chambers going back and forth to the Auditor General, the money that was spent by the public officers responding to the Auditor General on this item, the m oney that was spent putting together the report once the report was tabled, the money and time that was spent on the Public Accounts Committee researching this report and the amount of time that was spent on the Minister of Finance coming back with the res ponse to the r eport, we probably spent more government money than was at question in the lawsuit in the first place, Mr. Speaker. There are things that may rise to a level of a special report, but, in my view, I do not believe that this is one of them, Mr . Speaker. And it is something that is a very sad story. And at the end of the day, the Honourable Member from constituency 5 and the former Premier, although their names have been cleared (because it was found that the cheques were fake) . . . although th eir names were cleared, those headlines that say things cannot be taken back. They are there. They will lay in people’s memory. They form part of the institutional memory of this country. And it is a very sad shame that no one, Mr. Speaker, has been held t o account. So in my closing remarks on this, I want to say that we acknowledge the power of the Auditor General to make special reports. But in this case, I do not believe this in any way, shape or form rose to the level of being a special report. This was a very unique circumstance, where a sitting Premier and a sitting Minister were framed for government cheques that went to the heart of the integrity of the Government of Bermuda. And the Government of Bermuda, as an entity, should be able to defend itse lf. It tried its best, and the Cabinet approved these documents. And for whatever reason that it got changed, which we under-stand, because governments cannot sue for defam ation, I thought, in my view, the Auditor General should have accepted that, probably made a disclosure, made a recommendation for an improvement in our annual reports. But to go through the expense and time of filing a special report, making sure that more attention and effort was given to this than was necessary, I do not believe was a good use of taxpayers’ money, and I do not believe it was the proper use of time, Mr. Speaker. Thank you.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourabl e Minister for the Environment. Minister Cole Simons, first speech as a Minister. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. This is when I first came on the PAC, Mr. …
Thank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourabl e Minister for the Environment. Minister Cole Simons, first speech as a Minister.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. This is when I first came on the PAC, Mr. Speaker. And I would say to you that this whole proc-ess with this situation, as th e Shadow Minister said—
The SpeakerThe SpeakerIs your microphone on? Hon. N. H. Cole Simons: Yes, the microphone is on. [Inaudible interjections]
The SpeakerThe SpeakerStand up, sir. [Laughter] Hon. N. H. Cole Simons: The chair is in my way. [Inaudible interjections and laughter ] Hon. N. H. Cole Simons: As the Shadow Minister said, we did a lot of work. And I can honestly say, havBermuda House of Assembly ing served on that examination …
Stand up, sir. [Laughter]
Hon. N. H. Cole Simons: The chair is in my way.
[Inaudible interjections and laughter ] Hon. N. H. Cole Simons: As the Shadow Minister said, we did a lot of work. And I can honestly say, havBermuda House of Assembly ing served on that examination of these issues, there are still a lot of unanswered questions —a lot of una nswered questions. I can remem ber quite clearly when the F inance Minister and the Shadow Finance Minister said that the Auditor General did not share their inform ation. She ought not to feel alone in that situation, Mr. Speaker, because Government did not share the i nformation with the Auditor General. And the Auditor General did not share the information with the Public Accounts Committee. The Public Accounts Committee had to go and reinvent the wheel and rebuild the case. And I said to myself (as I was new), Well, this is wasting our time, because at the end of the day, the information was here, and we had to go and find and rebuild the case ourselves. What I find most interesting is, again, no one was charged with any malfeasance. And I know, and I will declare my interest because t he person involved is a constituent of mine. And he went through some very difficult times. And he was not proven to have done anything wrong, Mr. Speaker. And he spent hundreds of thousands of dollars to defend himself over the events that alleged that he was involved in this transaction. Mr. Speaker, this is not good enough. And to me, Mr. Speaker, there were a lot of cracks in the way the department was managed. I do remember, Mr. Speaker, at the point where the Minister of Finance had indicated that, as defamation charges cannot be laid against the government, but only against individuals, she took the decision that the government was not going to pay for these expenses. But, Mr. Speaker, at that point the legal expenses were to be ceased and no longer were pa yments to be made. But upon further examination, we as PAC members found three or four payments made after Government decided that they were not going to pursue underwriting the cost of the litigation. And so, we decided, as the Public Accounts Committee, to see who authorised these payments after the Finance Minister and Cabinet decided that they were not going to underwrite the cost because Government could not basically underwrite a cost for a personal defamation suit. Well, we interviewed PSs. We interviewed former PSs. And, Mr. Speaker, to be quite honest, to this date we do not know who authorised and signed the requisitions for these payments that were made after the Finance Minister decided not to allow the Cabinet to go forward and underwr ite the cost of this event. To me, it was a wild goose chase, Mr. Speaker, a wild goose chase. And I am so disappointed, as a member of the PAC, that we were not able to come to any conclusion as to why the Finan-cial Instructions were not adhered to, and how pa yments could be made and not any of the senior ser-vants who are responsible for the finances of those departments were able to make the payment. And yet when you ask them one by one, Who authorised this?, all we got, It wasn’t me. It wasn’t me. And as I said, it spoke volumes of the financial leadership of the D epartment of Finance and other Government heads. As a businessperson, as I said, this was my first term on the PAC, I was flabbergasted. I was fla bbergasted because in the commercial sector, t his would not have been allowed. Protocols would have been followed. Mr. Speaker, we have robust Financial Instructions. And there is no ungodly reason why they ought not to be adhered to. And, Mr. Speaker, when Financial Instructions are violated, they should be r eported to the Accountant General. Well, Mr. Speaker, if you look at audit report after audit report after audit report, even in this sp ecific case, many areas in the Financial Instructions were violated. And when we asked for a summary of a register from the Accountant General later on to see if he had any infractions that were recorded in regard to this situation and other infractions of the Financial I nstructions, they tell us, Well, Mr. Simon, PAC member, we do not have a register of infractions. And so no one is held accountable. There is no way under this heaven that we can manage infractions and improve the financial management of this Government if people are not held accountable when [instructions] are violated. So, Mr. Speaker, we need t o really get serious about ensuring that financial governance in this country is managed seriously and effectively because, if we do not, we will see a lot of opportunity for the mi sappropriation of funds. We will find ourselves in the situation that we found ourselves in in these specific circumstances in the misuse of public funds in the special report. And I can say, unequivocally, this study by the Public Accounts Committee was a failure. It was a failure because we were not able to come to any conclusi ve decision, given that the senior financial officers of the various ministries did not take owner-ship of the problem at all. And at the end of the day, it was a wild goose chase. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 3, the Whip. MP Foggo, you have the floor.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Mr. Speaker, as a member of the Public A ccounts Committee, I first would like to say this. Often, even amongst ourselves as Members of Parliament, people do not recognise the role of the Public A ccounts Committee. We are fact -finders. We try and look …
Thank you, Mr. Speaker. Mr. Speaker, as a member of the Public A ccounts Committee, I first would like to say this. Often, even amongst ourselves as Members of Parliament, people do not recognise the role of the Public A ccounts Committee. We are fact -finders. We try and look for information that will either refute or support statements made in special reports, or that r efute or support documents regarding expenditure. Our role in 1800 20 May 2016 Official Hansard Report
Bermuda House of Assembly doing that is to ensure that monies which are spent are spent as they were supposed to be spent. And so, Mr. Speaker, in our role as the Public [Accounts Committee] and as officers of Parliament we are to hold to account those who have the author-ity to spend money on behalf of the people. And in order to be able to do that, we have, I guess, if you will, special powers that allow us to be able to look at the documents with respect to expenditure and the like, in terms of trying to ascertain that what is being spent, as I said before, is for the purpose for which it was allocated. And it saddens me that so many of us who even sit in this House seem to forget that for some reason and disrespect the role of the Public Accounts Committee, Mr. Speaker. And I give this preamble because I think it speaks to why we were confronted with the fiasco that we were confronted with in trying to get to the bottom of the so- called special report. And I had to s ay I support the comments made by the Chair of the Public Accounts Committee, as well as the Honourable Member who just took his seat, because what they are saying, in essence, is reflective of what actually transpired while we were trying to carry out our duties. So, with the help of members of the Public Accounts Committee, we are supposed to go about doing our duties without any prejudice whatsoever. We are just supposed to be looking at the facts to ascertain the validity of those facts. And all too of ten, as human beings, other things come into play. But as we were doing this report, Mr. Speaker, let me say this. We did hear testimony from many of the officers who are responsible for the finances within their depar tment from one to the other. And I do not believe, for instance, the PS from Public Works, he [was asked] a whole list of questions which he answered, I guess, to the best of his ability when going through the doc uments and trying to match payments with timelines and what have you. It was dif ficult to match things up, Mr. Speaker, but at the same time, there was nothing that was there where we could clearly point our fingers at any one person. What we heard in terms of testimony and which proved to be true, and on a consistent b asis, I must ad d, from the various civil servants, was that the directive came from Cabinet in terms of financial, the legal fees for Members of Parliament who found themselves the subject of, I guess, if you will —
[Inaudible interjection]
Ms. Lovitta F. FoggoYes, th ank you. He is being more specific —Ministers of the Government who found themselves the subject of perhaps some malfeasance. But that was proven to be totally inaccurate. They found themselves in a situation where they felt they had to protect their reputations. And I think as human …
Yes, th ank you. He is being more specific —Ministers of the Government who found themselves the subject of perhaps some malfeasance. But that was proven to be totally inaccurate. They found themselves in a situation where they felt they had to protect their reputations. And I think as human beings, when we are all accused of things that we know we do not bear any guilt for, we believe that we have the right to stand and defend ourselves. But again, when you look at the role of those of us who sit as members of the Public Accounts Committee, we were tasked again with trying to find out the truth of the matter at hand. And we did come up with some findings in terms of the role of the Auditor General and in her official capacity, because she had the overall responsib ility for looking at how the public purse has been spent and whether or not there was any wrongdoing. And so we cannot fault her in that sense for trying to carry out her job. But what we found that was outstanding was the fact that it made it very diffic ult for us in terms of her findings to be able to say, outright, Yes. This was done incorrectly by these Ministers, because there was nothing to support that. In fact, from the evidence that was submitted, both anecdotal by way of testimony, as well by there being, by doc uments being missing, there was no way that we could say outright that “X” was the case. And so, we felt duty-bound to try and make recommendations that would be able to be there for the protection of any Minister, should something similar happen down the road in a different situation. What really perturbed me as a member of the Public Accounts Committee was the fact that there were fraudulent documents. And, as has been stated already, that the person guilty of devising those fraudulent documents has —
An Hon. Member An Hon. MemberAllegedly.
Ms. Lovitta F. FoggoAllegedly, thank you. —Has never, ever been held to account. And it makes a mockery —a mockery of everything that . . . for those of us who try and come up here and do the job for which we were elected, it makes a mockery of everything we do, …
Allegedly, thank you. —Has never, ever been held to account. And it makes a mockery —a mockery of everything that . . . for those of us who try and come up here and do the job for which we were elected, it makes a mockery of everything we do, whether we do it as individual Members of Parliament, or whether we are carrying out our duties when we sit on committees such as the Public Accounts Committee. And so, even though we had to agree with the, I guess, Auditor General in terms of the fact that it was . . . I would say it was not necessarily the correct way of handling it in terms of, here you have two what is now considered individuals in a private matter, because that is what was the advice given from counsel, that these matters, you cannot take the Government to task. And so, those individuals now, in their private capacity, because of the fact of defamation of character, had to launch a legal suit to tr y and protect their reputations becaus e they were not able to do so as Members of Government. And when a Cabinet takes the position that they feel that they have a right as Members of the Government to embark down that road, and then it is found that, No, you cannot do this, and you are only
Bermuda House of Assembly left to address the situation in a private manner, then that is where all of the grey area became totally highlighted. Because in looking for concrete document ation to support this, it made it quite difficult. And I would have to agree with my Honourable C hairman when he says that . . . and from the opposite point of view, because there was nothing concrete, and b ecause there was a declaration that existed from Cabi-net that gave permission to the individuals to embark upon this legal pursuit, then it seemed to make a nonsense of the report that we found ourselves having to review. And when you find that the head, who was then the PS of the Ministry of Finance, coming and not being able to speak to any documentation that was had that, I guess, validated paym ents on these gentlemen’s behalf, it makes one wonder why, in fact . . . I understand that an inquiry must be had. But how do you then, I guess, target people for which there is no clear proof that what was done was done, I guess, if you will, intentionall y, or to violate any processes that were in place when the permission was given from the Executive itself? And there was no one there who refuted that evidence. And so, in looking at the entire situation, and we were matching payments with dates, and it took quite a bit of time, we as a group could only do what we did. And that was try to make certain that we shore up regulations so that the Auditor General is not negatively impacted in trying to carry out her duty or his duty, and at the same time, to mak e the road much easier going forward for both the civil service and the Public Accounts Committee, and even the Auditor General, him or herself, to do the job that we are in place to do. So if everybody follows the Financial Instructions as they should, t hen we would be able to arrive at the findings much easier. But when you have pa yments that are be ing made where you do not see a signature that you should see to approve the pa yments, it makes it very, very difficult when there is no one there who can speak to who authorised such payments in the first place. One of my wishes was that the Attorney Ge neral at the time would have been able to come and provide evidence, because I felt that more clarity would have been provided. But, at the same time, the Cham bers themselves did give a submission that spoke to why the direction that was taken was taken. Now, as individuals we may find ourselves in court cases. We can understand going through it what the position is coming from C hambers. If you feel that you ar e dealing with sensitive information that should not see the light of day in the public domain you un-derstand the conundrum that exists. And that is what we were confronted with because, again, we also un-derstand, being in one of the highest offices, the n eed for confidentiality and the like, the Auditor General should be able to have access to certain information so that they can make a proper decision, because without such information, I think you have what we have here today, or what we had there at that time in the Public Accounts Committee. I can understand why we would have the Honourable Members feeling duty -bound to table documents to speak to their side of things because without a submission from all sides, you cannot make proper inferences and con clusions and the like. And what I am hoping from us standing up and speaking on this issue, which, to me, becomes more of an issue of people understanding and respecting their roles, both in the civil service and the role of the Public A ccounts Committee and Members of Parliament and how those two bodies interact, and how they interact even with the Executive. If we begin to appreciate the roles and how we should carry out our roles, abiding by all the rules, then maybe we can do a much better job of ensuri ng that everyone is held to account in the manner in which they should be. If, at the end we have a situation where there is some wrongdoing, then they should be made to answer to it. What I think most of us would like to see, period, is that people are there in their capacities operating as they should and that the proper rules and regulations are in place and being followed. Of course, Mr. Speaker, we will not have to deal with as many matters, I guess, as we found our-selves dealing with in the Public Accounts Committee, which is why currently the way the Public Accounts Committee now operates, we are trying to be proactive so that when budgets are passed and money has begun to be spent, as a Public Accounts Committee we have the right to look at that and make certain that it is good value for money and that the monies are being appropriated as they should be and in the best interests of Bermuda and her people. So I hope, even though we are still dealing with past reports in our Public Accounts Committ ee, that as we continue to do things going forward, that we never have to deal with situations like this where we cannot come to some clear -cut conclusion, because when we have people who are being elected to what I consider as the highest office in the land, they should never have their reputations besmirched ex-cept if something has been done by them that warrants that, and it is clearly proven. Because to just throw information out there that makes suggestions . . . for most of us, our reputations are all we have. But to throw information out there that can have a very negative impact both in our positions as Members of Parliament and even in our private positions is not the way in which we want to handle our people, whether they be members of the civil service, whether they be Members of Parliament, and whether it be members of the public who have dealings with the Government. We, in the Public Accounts Committee, want to be effective in our jobs, and we want to ensure that when we go about carrying out our duties it is likewise 1802 20 May 2016 Official Hansard Report
Bermuda House of Assembly helping those who have dealings with government to do the same. I think our actions are to try and bring about the respect for the office of the Public Accounts Committee because all too often people just look at it as a committee. Sometimes that is how we feel, as if, Oh, they are just asking for this and asking for that; I’m not going to go; I don’t see why we should have to submit this or submit that. Our jobs are of a very high level and people need to understand that and respect the process and the role, because we are, indeed, working on behalf of Bermuda. So, on that, I hope I . . . what I have just taken from this, Mr. Speaker, is the fact that we are here to try and do the job properly and effectively and for the betterment of everyone who works in our government, and for those who work outside of our government but with us so that we can all benefit. When we, as a Government, are seen to be doing the right thing, it has a positive impact on our reputation. And I have heard from too many in the public domain that they think that what we are doing is a joke. And it has much to do with things like this and the inability to be able to deal with any [infractions] that take place, or to come to any proper solutions. And we have t o turn this around if we want the people to respect Parli ament. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Do any other Honourable Members care to speak? The Chair will recognise the Minister of F inance. Minister Bob Richards, you have the floor. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. This is an unusual situation because when the Public Accounts Committee first saw …
Thank you, Honourable Member. Do any other Honourable Members care to speak? The Chair will recognise the Minister of F inance. Minister Bob Richards, you have the floor.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. This is an unusual situation because when the Public Accounts Committee first saw the report of the Auditor General I was Chairman of the Public A ccounts Committee. So we have a situation where the same report sort of straddles two Governments, two Ministers of Finance, et cetera. So it is a bit of an unusual situation, I have to say. I think that perhaps the Auditor General’s r eport needs to be appropriately framed because I think we have to remember what was taking place at that time. The project in question, the Lois Browne- Evans Building, was some $20 million over budget.
Hon. Derrick V. Burgess, Sr.: Point of order, Mr. Speaker. The Minister is misleading the House.
The SpeakerThe SpeakerYes, Honourable Member? Hon. Derrick V. Burgess, Sr.: That Minister is mi sleading —
The SpeakerThe SpeakerJust a minute, Honourable Member. POINT OF ORDER [Misleading] Hon. Derrick V. Burgess, Sr.: Yes, I said the Minister is misleading the House. He knows the Dame Lois Browne -Evans Building was no $20 million over budget.
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: I think the record speaks for itself that it was hugely over budget, Mr. Speaker. If the Honourable Member wants to quibble with the number, he is entitled to. But that was the frame of this report, that we had a project that was …
Minister.
Hon. E. T. (Bob) Richards: I think the record speaks for itself that it was hugely over budget, Mr. Speaker. If the Honourable Member wants to quibble with the number, he is entitled to. But that was the frame of this report, that we had a project that was grossly over budget. We had a project previous to that, the new Berkeley Institute Building which was hugely over budget. The bond that was put up by the Union Asset Management to recover their money for the cost, they put up a bond for $6.8 million. That bond was called and they were not able to pay it.
Hon. Derrick V. Burgess, Sr.: Point of order.
The SpeakerThe SpeakerYes, Honourable Member? POINT OF ORDER Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I thought we were talking about the fraudulent cheques. Where is this Minister going?
The SpeakerThe SpeakerActually — Hon. Derrick V. Burgess, Sr.: I can go there too, you know.
An Hon. Member An Hon. MemberLet’s talk about fraudulent cheques now.
The SpeakerThe SpeakerWe are not talking about fraudulent cheques; we are talking about the— Hon. Derrick V. Burgess, Sr.: Misuse of funds.
The SpeakerThe SpeakerRight. Yes. Hon. E. T. (Bob) Richards: Just the facts.
The SpeakerThe SpeakerRight. Yes. So it is speaking in the context of — Hon. Derrick V. Burgess, Sr.: Okay, no problem. I know where you are going. Hon. E. T. (Bob) Richards: I am not sure why the Honourable Member is so uncomfortable talking about this, but these are the facts. We …
Right. Yes. So it is speaking in the context of — Hon. Derrick V. Burgess, Sr.: Okay, no problem. I know where you are going. Hon. E. T. (Bob) Richards: I am not sure why the Honourable Member is so uncomfortable talking about this, but these are the facts. We all sat in this House—
Hon. D errick V. Burgess, Sr.: Point of order, Mr. Speaker.
Bermuda House of Assembly The Speaker: Honourable Member, take your seat. Yes?
Hon.. Derrick V. Burgess, Sr.: The arrogance of the Minister. I am not uncomfortable, I speak about —
The SpeakerThe SpeakerAll right, thank you, Honourable Me mber. Honourable Member, just let us . . . Honourable Member, take a seat for a second. This is not going the way that I would like for it to go because we want to be able to discuss these matters, and I think …
All right, thank you, Honourable Me mber. Honourable Member, just let us . . . Honourable Member, take a seat for a second. This is not going the way that I would like for it to go because we want to be able to discuss these matters, and I think that if things are said that people do not appreciate then everyone will have an opportunity to speak, so let us try to be as civil as possible if we can. Thank you.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I will try to be civil, but I am just stating the facts that there was a $6.8 mil lion call and the Government of the day forgave that liability. So the taxpayers paid for that. That was the context under which the Auditor General was writing special reports at that time. It was not a context where the Auditor may have been qui bbling ov er words or anything like that. Real money had been spent. The Treasury was the poorer for millions of dollars and there are many people in the public who were crying out for what was going on. So that is the context in which the Auditor General wrote this particular report. So, as I recall, when the report first came to the Public Accounts Committee and the Honourable Member, Ms. Foggo, can remember that she was a very active member of the Public Accounts Committee during my tenure. It was clear that Cabi net had approved the expenditures for the legal fees for the two Ministers involved, but what seemed to be absent was something in writing to say that any proceeds of that suit would go to the Consolidated Fund. That was what seemed to be missing. You need two sides of the equation. The equation . . . okay, the Government is going to pay for your legal fees because you may have been defamed. You cannot do it as a Gover nment so you have to do this individually. Fine, we are going to pay for your legal fees. But the other side of that transaction, if you like, was that if you are successful, then the money comes into the Consolidated Fund. That was not in evidence. The Auditor General could not find that. I think that is what caused her to go down the route that she went. The Public Accounts Committee has done its work after I left. And they have come to this concl usion. And I understand and fully appreciate the frustr ations of the Members. It is a frustrating job. It is a very frustrating job. But there are certain other aspects to this that I think should be highlighted here. I recall that early in my tenure on the Public Accounts Committee we were investigating some expenditures, some overages and things, transactions, that were not in accordance with Financial Instruc-tions, and we interviewed a very senior member of the Ministry of Finance to ask him about these transactions. The answer that the civil servant had, he had it with him. He had a folder like this; a red folder like this, except it was three in ches thick. And he showed it to us. He said, This has been going on since the 1960s and it’s all in this folder as though that was justification for non- accountability. The point here, Mr. Speaker, is that there was and unfortunately I have to admit ther e still is a culture of non- accountability in government. It is a corporate culture. And the most difficult thing to change is a cor-porate culture. I will divert a little bit and I will sort of mould a poem by Alfred Lord Tennyson called The Brook. It says , “For men may come and men may go, But I go on for ever.” That phrase can be altered for this purpose, and we can say, For G overnments may come and Governments may go, but corporate culture goes on for ever, Mr. Speaker . Irrespective of who the Government is the civil servants are there. That is why they call them “Permanent Secretaries.” We are the ones who are temporary; and they know that. So there is a corporate culture of non- accountability in the Bermuda Government. And I can say here on this floor that I am working to do something about that culture of nonaccountability, to correct that culture of non-accountability. But I know that we are a long way from par here. A long way, because it goes back a long, long time, as that senior member who took t hat red folder and held it up to us —it was three inches thick — says, it goes back to the 1960s. So, this is the problem that we all face, irr espective of what side of the House we are on. We all face this problem because we are over here and we have to be at least titularly and nominally in charge of the civil service, and when you are over here trying to analyse the work that the civil service did. We all have to work for the civil service. But this is the problem. So I understand the frustrations of the P ublic Accounts Committee. So you ask questions and you sort of get nonanswers. And I know it is not a perfect system by any means. And I understand that. I also understand, Mr. Speaker, where a Minister would want to go to any length to protect his reput ation. I had that happen to me recently, where my reputation was impugned. And the Government said, just like the Government in this case, back then, under the Brown Government, You know, if your reputation is impugned in performing your duty as a Minister , the Government will pay for it. That is what they said to me. But there was such a fuss made [about it] in the public, I thought it was an incredible distraction, I said, Okay. Forget about that. I know that I should be able to get the Government to pay for it, but just to take that off the table, I will pay for it myself. I did that, and I got my name cleared. So that matter is finished. 1804 20 May 2016 Official Hansard Report
Bermuda House of Assembly So, I understand on a personal level why, if somebody’s name, if they felt they were unjustly either directly accuse d or by innuendo or by inference accused of doing something that was unethical or ill egal that they would want to go to the ends of the earth to try to correct that. The Honourable Member who just took her seat is 100 per cent correct. At the end of the day your reputation is all you have got, particularly in public service. But in life, at the end of the day your reput ation is all you have got. And you have got to fight for it. So I get that. I think the issue with the Auditor General at that time, as I recall it, was that there was no document to show that if the two Ministers in question were successful in Canada that the funds, the pr oceeds of that lawsuit would come back to the Go vernment. I think that was the missing link. So, I mean, it is unfortunate that the Gover nment has worked hard, the Public Accounts Commi ttee has worked away and not come to the conclusion that it would have liked to have come to. I understand the frustration. But I do not agree with the Honourable Member who speaks for Finance on the other side, that it was a waste of money. I do not agree with that, because due process is never a waste of money, even if you do not get to where you want to get to. What would have been worse is if they did not do an ything about it, if they di d not analyse it, if they did not follow it up, if they just brushed it under the table. That would have been worse!
Mr. E. David BurtPoint of order, Mr. Speaker. Hon. E. T. (Bob) Richards: They did their job.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Minister is partly unintentionally misleading the House. I did not say that I did not want anything to be done; I just said I did not think it ros e to the level of special report, [but] that we could possibly just disclose the financial stat ements and …
The SpeakerThe SpeakerOh, a point of correction. Yes. Hon. E. T. (Bob) Richards: But I did hear that he said he thought it was a waste of money. I do not think it was a waste of money; I think that they had to do what they had to do. It is …
Oh, a point of correction. Yes.
Hon. E. T. (Bob) Richards: But I did hear that he said he thought it was a waste of money. I do not think it was a waste of money; I think that they had to do what they had to do. It is unfortunate that they did not come to the conclusions that they would have liked to. They did not unearth the truth that they were seeki ng. I think that sort of sums it up. They did not unearth the truth they were seeking. And I get that frustration. But the process, the exercise was not a waste of money because, just think about it. If they had not done that, it would have been worse. It would have been worse, because it would have meant that the whole system got swept under the table. Now they have done what they have done. They have not unearthed the truth and it comes back to my original assertion that we are still living with a system that has been so accustomed to no accountability that it is a real problem with the Government. I believe, Mr. Speaker, that this costs the taxpayers of Bermuda millions of dollars. I cannot prove that. You know, somebody said Richards, prove it. I cannot do that. But I know that money is being either wasted or diverted because there is no accountability. In the private sector, as I think Minister Simons said, this lack of accountability would not be tolerated in the least. Heads would roll. When was the last time you heard about heads rolling in government? It is our heads that get rolled all the time as Ministers, you know? Ministers’ heads are there to be rolled. But other than Ministers, who else’s head rolls in gover nment? I do not know. You tell me. I do not know who else’s head rolls, and that is a problem. In the private s ector . . . do not get me wrong, the private sector is not perfect. Nothing is perfect. But there is a kind of notion that the money that we deal with in the Bermuda government does not belong to anybody. So it is okay to let it roll, to waste it, b ecause it does not belong to anybody. And you know, Mr. Speaker, it does belong to somebody; it belongs to us—all of us. The “us” is here in this Chamber and everybody out there in Bermuda. That money belongs to us. And the thing that I have to battle as Finance Minister every day is to try to impress on people that this money belongs to us, because most people think that government money does not belong to anybody. It speaks to the corporate culture. One of the big mountains that we have to climb as a Government is to try to improve the accountability in the Government. We appreciate the work that the Public Accounts Committee is concerned with. I do not believe that we can breach the legal privilege. We cannot do that. I know that the Auditor General was frustrated on that score, but the larger issue, I think, trumps that every time. So, the Government gets a legal opinion from its lawyers. That opinion must be made without any fear of t hat opinion getting into the wrong hands. So I think that that situation has to stay. And because this particular report has spread over two Governments and I have heard the two Members speak, three Members speak, really, all expressing frustration, I was frustrated too in the Public Accounts Committee. But it is still a vital part of our democracy. The Honourable Member Foggo said that the people out there in Bermuda think the Public Accounts Committee is a waste of time. She is not talking to the same people that I talk to. I think that a lot of people
Bermuda House of Assembly that I talk to value the work that the Public Accounts Committee does. As Minister of Finance I respect and value it as well. I do not always agree with what they do and say, but I respect the function. It is a vital part of our democracy, part of the checks and balances of our system, and I respect that. So, I have given a formal written response. It is what it is. I just thought I would add those extempo-raneous comments for the sake of this particular debate. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Chair will recognise the Honourable Mi nister from constituency 5, MP, Derrick Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. I am going t o start right from the beginning when it comes to these cheques. First of …
All right. Thank you, Minister. The Chair will recognise the Honourable Mi nister from constituency 5, MP, Derrick Burgess. You have the floor.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. I am going t o start right from the beginning when it comes to these cheques. First of all, just let me make a brief comment about Berkeley’s because the other things will come up on Thursday when I appear before the Public Accounts Committee. I agree with the Minister of Finance, Government expenditure is loose because Berkeley’s Institute was a contract for $68 million, and 83 per cent was completed (that was the government figure, the contractor who was doing the work said it was 85 per cent) when they were terminated. Let us use the government figures, 83 per cent of the school was completed for $51 mi llion. And every day the contractors that were there, before they were terminated, there was negative press on them. They could not do anything right. I do not know why . That is what was it. But once they were terminated and they took on a company, Somers Construction. It took $60 million to complete that school, 17 per cent. And there was not one negative report in the papers, no special Auditor’s report. We said, What is going on? That is all I will say about Berkeley’s. But let me say this about the cheques, Mr. Speaker. It was in December of 2008. I saw in the Mid-Ocean News and they, on a weekly basis, were always printing scandalous verbiage about the Progressive Labour Party. And in their December issue (I don’t know which week it was), they mentioned about two cheques, and two Ministers. No names or anything. No problem. I did not pay much attention to it because I said, That’s the Royal Gazette . . . no, not the Royal Gazette , That’s the Mid- Ocean News. That’s what they do. You know? And then it was in February in a Cabinet meet ing. It was announced in Cabinet in a response to something I said that we were doing, that, Oh no, Minister. You have to get yourself a lawyer, because I have seen a cheque in your name. And I’m saying, What in the world is going on? That was the Finance Minister and he answered, Oh yeah. Told me I needed a lawyer. I did not even know what they were talking about. I cut right to the chase, I went to the office, saw my PS and there were these cheques on file. Mr. Speaker, it took me less than five minutes to prove my innocence. First we went to the company that supposedly had written these cheques out to m yself and Dr. Brown. They said, You know, they look like our cheques, but we have not given any cheques out to you guys. I said, Bobby (Bobby is my PS) I am not satisfied. Let’s go to the bank. I want to see if my cheque was cashed. We went to the bank on the sixth floor. They pulled those cheques. And the cheques that had been made out to whatever companies, they cashed those cheques. This is the same thing that the Auditor could have done. The Auditor could have called the police, and made them check to see if they were authentic, to see if Derrick Burgess and Dr. Brown cashed these cheques. They did not do that. Why, Mr. Speaker? Why? Mr. Speaker, you know what is even more disappointing? The Auditor, not even the Public A ccounts Committee, even mentioned about the perpe-trators of this heinous crime—heinous crime. They did not condemn them. Looks like, from a general perspective, like it was condoned. No one condemned it. And we say, What’s what? Then I get a report . . . not a report, a friend told me. The Auditor told a couple of her friends that she wanted to publicly shame Derrick Burgess. I am saying, What’s this all about? I never had a run- in with that young lady. But that is what they do. And the Acting Premier (because Dr. Brown was off Island) knew about these cheques for at least two months before she announced it in Cabinet, and never told me. Mr. Speaker, obviously the problem was where was this money going if the case was to pr oceed and they won? The damages . . . where was it to go? Mr. Speaker, that is something that could easily have been fixed. I have a document that [shows what] the la wyer said in August of 2011, he spoke to the Attorney General’s Chambers in Bermuda and that question came up. And the lawyer told . . . and I have the letter (not here) in my pos session. He said that, No, that money should go to the government. But yes, right. No documents were made up. I am not the lawyer. And, Mr. Speaker, I did not make the choice to have this in my name. I was called [by] the Attorney General’s Chambers to ask me, Do you mind that this case is in your name. I said, Why? He said, Because in Canada governments cannot sue for defamation. I said, I have no problem with that; it has not hing to do with me.
The SpeakerThe SpeakerIs that water you’re drinking? 1806 20 May 2016 Official Hansard Report Bermuda House of Assembly Hon. Derrick V. Burgess, Sr.: Yes sir. [Laughter] Hon. Derrick V. Burgess, Sr.: Yes sir , nothing to do with me. It is quite obvious that the Auditor was energised and wanted to do …
Is that water you’re drinking?
1806 20 May 2016 Official Hansard Report
Bermuda House of Assembly Hon. Derrick V. Burgess, Sr.: Yes sir.
[Laughter] Hon. Derrick V. Burgess, Sr.: Yes sir , nothing to do with me. It is quite obvious that the Auditor was energised and wanted to do a damning report but never even com municated with me, never asked me an ything. Nobody has asked me anything. Not one soul. In fact, I wrote a letter to the Governor. I have got that too. I still have that and his response. It was Gozney at the time, he asked me up to Government House. I said, Why did you let Larry Dennis, the Aud itor, diss eminate that information amongst the public without having a police investigation? He could not answer me, Mr. Speaker. He went all around it. I will bring the letter and let you see it. He could not answer me. The Governor’s in charge of the police. We s aid, What’s going on? Mr. Speaker, the Auditor refused to take the Government’s legal position on her getting inform ation. The Auditor is not above the law. It has a lot of power, but it is not above the law. There are cases cited from the Privy Council. I can table it if you want, Mr. Speaker, because this is from the Minister of Justice, December 19, 2011. And she disregarded this, that’s the lawyers for the Government —for her. And she disregarded the Privy Council, the rulings from Privy Council. There is such a thing as legal privilege. You cannot get that information. And she felt that Government should provide it . Why would she want that information? Just do your report [that] you want to do. Why would you try to get that information? There is such a thing as when a client talks to his lawyer that he expects his lawyer to keep that confidential and nobody can break that. Ask any lawyer in here, they will tell you that. Regardless of what power the Auditor has, he cannot do that. That is the legal priv ilege that that client and lawyer has, and nobody can break it. Mr. Speaker, the . . . excuse me; I just want to make sure that I do not leave anything out. Mr. Speaker, I am not even satisfied with some comments that were made by the Public Accounts Comm ittee because I really believe that they disregarded the opinion from the government lawyers. I guess they did not have this. They could have gotten it if they wanted it. Now, they did invite, based on this document . . . they invited some people and they did not come. I was asked to give a written submission, which I did. But I think they could have taken it even a little further and made sure that these people came. At least they could have gotten the information. So for them to even side with the Auditor they disregarded the Ministry of Justice’s opinion. The Auditor is not entitled to those files, no matter what she says. Mr. Speaker, the other thing is, you know, when . . . I am disappointed in the former Finance Minister, the former Premier of Bermuda when Larry Dennis informed her about these cheques. He did not ask her, Have you had an investigation? She was a former Attorney General. See, I do not normally do that, but you are talking about my character, my integrity, and my chi ldren, and grandchil dren, and when you do that to me you hurt them. You cannot do that to me and expect me to stay quiet. I have seen things . . . in fact, Mr. Speaker, I will go over this on Thursday, but I have got to mention this. We had a contract come to me to fit out a 3,000 square foot office for the police. The estimate from the Architect’s Department in Works was $1.2 million. I said, Well, maybe the police need some special walls or something. So I called the P olice Commissioner. The Police Commissioner came, he and the Minister, and I said, Commissioner D eSilva, you are building this building. What? Do you need something special in this office I don’t know? And I really did not know. He said, No. Just a regular office. I said, Oh no. Okay, leave it to me. And we called the owner of the building. I said, I’d like to meet your contractors on site. And I met another contractor on site, the same contractor that we used on the Dame Lois Browne- Evans buil ding, so they are familiar with doing police offices. I said . . . and the only reason I got was that [it was] “time sensitive,” and mould and all that stuff up Prospect . I said , I need a price on this here. I need it in five days. The price came back. One price was $310,000. One price was, I think, $287,000. Where was that million dollars going? You don’t make a mi stake like that! What was that all about? A whole million dollars? And I just asked and said, Well, I wonder how long this has been going on? I mean, it is frightening. I have more examples like that. In f act, five more. But I will save them for Thursday. That scares me, because I could tell you, I can testify that every year that I was the Minister for Public Works I was asked to cut back my budget. And I did it, no problem. The permanent secretary and I went about trying to save money, not spend money. That has never been my style. I have always been frugal with my expenditures. Mr. Speaker, . . . (I just want to be sure that I have got everything.) You know, the Auditor went as far as to threaten lawyers in the Ministry of Justice, the Attorney General’s Chambers, because they would not release documents to her. Mr. Speaker, she threatened with lock -up and fines. It is in this letter. And, if I may, Mr. Speaker, read an excerpt from here, just a paragraph.
The SpeakerThe SpeakerWhat are you reading from? Bermuda House of Assembly Hon. Derrick V. Burgess, Sr.: It is on page 4 of the Ministry of Justice’s letter —
The SpeakerThe SpeakerOh. Okay. Hon. Derrick V. Burgess, Sr.: —Dec ember 19, [2011] and it says: “The Government notes with regret that the Auditor General not only rejected the claim to legal professional privilege but indeed, in doing so, referred the Acting Solicitor General and Chambers’ internal counsel to the provi sions …
Oh. Okay. Hon. Derrick V. Burgess, Sr.: —Dec ember 19, [2011] and it says: “The Government notes with regret that the Auditor General not only rejected the claim to legal professional privilege but indeed, in doing so, referred the Acting Solicitor General and Chambers’ internal counsel to the provi sions in the Auditor General Act 1999, referring to fines and imprisonment for noncompliance with her request, as being provisions which it was her intention to revoke. It is also to be noted that the Auditor General was asked by Chambers to identify with [precision] the specific provisions in Financial Instructions which she had alleged had not been complied with. When serious charges are levelled that is not a surprising request .” The question was never answered. Never a nswered! You know, this same Auditor General, in tr ying to hold civil servants to account . . . and I agree with that. I agree with that. But, Mr. Speaker, in the 1998 Audit Report the Auditor General was the A ccountant General, and in 1994 recognised that monies were not being collected because law firms were undervaluing conveyances for stamp duty and paying less money than they should. In fact, between 1996 and 1997, $16.3 million was not collected. Their comment was that some of these revenues may never be collected. This is in the Auditor’s Report. Mr. Speaker, you know what I find amazing in this report? [There] is no mention about fraud, misappropriation, theft. Why (because these were law firms that were fleecing the Government out of this money)? Now, they only accounted for 1996 and 1997, $16.3 million. What happened to 1994 and 1995? This same Auditor was the Accountant General [and] failed to collect $16.3 million! And ends up as the Auditor! N owhere [else] in the world would that happen! In fact, the Auditor . . . anyone with any inte grity would have been making recommendations that that Accountant General be gone. That is what would have normally happened. And they did no investigation! They did no i nvestigation.
[Pause]
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, do you know who called the police when those fraudulent cheques were found? Not the Auditor. Not Gover nment House. My PS! Robert Keith Horton called the police to investigate. That should have been done by the Auditor General. Mr. Speaker, I have in my possession t he person who admitted . . . I am saying “my posses-sion,” I do not have it here. I have a letter that was sent to Major Dill , who was the chief civil servant, where that civil servant admitted putting the cheques in the files. Now, I am not saying that par ticular me mber concocted the cheques, because I do not know. But he admitted putting the cheques in the file. But what happens? The victims of this crim inal act were made out to be villains by all concerned. None of them —none of them —condemned those perpetrators! Not one of them! And they come up and talk about integrity and principle! They ain’t got none of that! No integrity! No principle! Because it did not happen to them! Their children do not have to feel that pain! And when you do not feel it yoursel f, you act different. It should not have happened to one of them; I do not wish that on anybody. If there is one thing about me, I can live on. See? You know, Mr. Speaker, sometimes I refer people to James 1:8, very short verse. It says, “A double minded man is unstable in all his ways.” Think about it tomorrow. Let me finish right there. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Learned Member from constituency 36, MP Michael Scott. Hon. Michael J. Scott : Mr. Speaker, thank you. Mr. Speaker, this was, admittedly, a most sad case. Sad for all of the reasons that the Member who has just taken his …
Thank you, Honourable Member. The Chair will now recognise the Learned Member from constituency 36, MP Michael Scott. Hon. Michael J. Scott : Mr. Speaker, thank you. Mr. Speaker, this was, admittedly, a most sad case. Sad for all of the reasons that the Member who has just taken his seat, as one of the two victims of this malfeasance, this felony, has now expressed to the House. I am glad, and I welcome the fact that he has had the opportunity to express himself and get this off of his chest. This is why it was a sad case. I heard the . . . and I was grateful to hear the Minister of Finance ind icate, as he ought to have, that the point of pri vilege that the Auditor General took such an objection to, the point of legal privilege ought to have been upheld and observed, in his view. That was the view that I took as the Attorney General at the time. A lesser sin, Mr. Speaker, was to have the Audit or General of this country have her nose put out of joint, or experience frustration, than to have the chief law officer of this Government (of any government) breach and violate rules . . . and set a precedent of breaching rules of legal privilege and the protection that it affords. I heard the Honourable Minister of the Env ironment say that this case was a failure of civil ser-vants to come forward and assist the PAC. Now, the frustration in this case, Mr. Speaker, clearly was ev ident. The Auditor Genera l, Ms. Jacobs [Matthews], was frustrated. I think she wanted me to come and unearth the fraud that she detected was at play here. I could not have done that! Had I, as the Attorney General of this country, a smoking gun of any kind or the final evidence po inting to who perpetrated this tr emendous felony, the first person I would have called, 1808 20 May 2016 Official Hansard Report
Bermuda House of Assembly as Mr. Burgess has pointed out, would have been the police. Then I would have written a letter to the DPP [Director of Public Prosecutions ]. But I did not have that inf ormation. I know that the honourable current incumbent Attorney General would have received the same kind of advice from the Solicitor General of the day. The information was protected by legal pr ofessional privilege. We cannot have the country’s chief law office, or officer, breaching principles of privilege. That is a far greater . . . it would have compounded the frustrations that were being experienced by PAC. Now, I heard the Minister of Finance say that he wished to frame this matter in the way that he did. It was about the overruns and about the bond. A bit acrobatic I say, Minister. The proper framing of this matter was as framed by the victim who sits in this House from constituency 5. There was an awful, awful felony committed. Mr. Speaker, earli er today we heard the Learned Attorney make a speech to this House about amending the laws of fraud in this country. As I look at the offences contemplated, he said in his speech we are going to be adopting the British model. Nowhere in those four offences that are contemplated, Mr. Speaker, is an offence that covers this awful blot on our history in 2011. That is what I meant when we said should be tropicalising our legislation and i ntended legislation to fit the conditions and circumstances here, because this case remains unpros ecuted and unresolved. Much as the frustrations of the Auditor General of the day were, my attending the PAC would have added no light. I had in my possession nothing but e- mails and other documents which were the su bject of privile ge. None of them shone light on who wrote and made the fraudulent documents. We know from Mr. Burgess, the Honourable Member from constituency 5, that the civil servant who inserted those documents in the files, we know that person’s name. It left the PAC, as the Minister of the Environment and Chairman of the current PAC said in their speeches today. It was an exercise of pursuing a phantasmal, nothing was coming from it. This is the point why I say that the Minister of Finance, with the greatest of respec t, was being acr obatic. The proper frame was that this case used the tool, Mr. Speaker, of a special Auditor’s Report, which was entirely inappropriate. Something should have been done, as the Minister of Finance has indicated. Yes. And the Honourable Minister from constit uency 5 referred to it. I was assisted by the current PAC chairman and the Shadow Minister. This matter could have been resolved using the tool of inviting a construction of a contract to say that any damages acquired as a consequence of this case being pros ecuted in Canada were to be vired to the Consolidated Fund. Why it took a special report that went into these speculative areas, and into areas that had no hope in a very hot place of succeeding, is part of the concern that we express about this motion today and why the Auditor General adopted it. A contract simply could have been recommended to her. She could have recommended that to me as the Attorney General as opposed to insisting and threatening to put the Solicitor General in jail and to fine him. It caused great consternation in Chambers with these kinds of exchanges from the Auditor. And no one understood from the top of the civil service to its lower ranks, who were au fait with what was going on, what was driving the Auditor General of the day in this regard. Mr. Speaker, in the report itself of the PAC of this particular matter the question was asked, it seemed almost rhetorical . . . with your permission.
The SpeakerThe SpeakerYes. Hon. Michael J. Scott: “[T]he Auditor General, was unable to ascertain precisely by whom or when authorisation was given for the legal action to be filed in the name of former Premier Ewart Brown and former Minister Derrick Burgess (as opposed to the Gover nment of Bermuda).” Well, she …
Yes.
Hon. Michael J. Scott: “[T]he Auditor General, was unable to ascertain precisely by whom or when authorisation was given for the legal action to be filed in the name of former Premier Ewart Brown and former Minister Derrick Burgess (as opposed to the Gover nment of Bermuda).” Well, she had the answer to this. We were clear. We were opaque in advising the Auditor Ge neral that the reason for bringing the action in the name of the individuals was because the law required that individuals only sue in defamation. And so, these two Ministers, a sitting Premier and a sitting Minister, became surrogates for the Go vernment. I mean, it would not have been very far to leap to the next point for the Auditor General, or an ybody making an analysis of this matter, that the damages therefore adhering to these surrogates plainly and obviously were to attend to the Consolidated Fund. I know, Mr. Burgess, the Honourable Member from constituency 5, has on more than one occ asion said he was not interested in the damages and would have ensured that this happened. And yet he went off on these disparate directions, with disparate public publicity so adverse as to make one’s hair curl, when the tool that should have been used was a contract and a far investigation into this matter, this very ser ious matter. It never happened. And so when the Minister of the Environment said that this was a colossal waste of time (or whoever said it was a colossal waste of time), I prefer that analysis. It was; when obvious other alternative rem edies were staring us all in the face. My attendance would not have assisted the Auditor General. It was a fervent prayer of hers that I could have assisted any further. I merely stood on the principles as advised from within Chambers internally and from external independent advice. It was such a clear piece of ad-vice. Again, I commend the Minister of Finance for supporting this principle. For we [would be] creating a
Bermuda House of Assembly more complicated and worse situation to have it go on record that the Chambers of the Bermuda Gover nment violated legal, professional privilege. That was not the way to go. And so a sad case, one where, in my respectful view, the tool of a special report was entirely inappropriate as a tool to g etting to the bottom of this matter. And so no wonder members of the PAC of the day regarded this as a fool’s errand, and r egarded this as frustrating, and regarded this as a waste of time. It should have been handled better than it was. So I am glad for the opportunity to finally speak on this matter as well and to state why Chambers did not reveal privileged information and why I did not attend and say, really, nothing that would have added to this inquiry, or shed any light upon it. I am grateful for t his opportunity for it went around many, many diminishing circles until it eventually became a nothing. I am sorry that the sitting Ministers and Pr emier had to be put through this and that the matter is not resolved. Hopefully, in some way, small as it ’tis, the opportunity to flesh this out on this day in this Chamber refreshes the public wheel and the public memory with what was at stake here. The Permanent Secretary, Mr. Horton, as the PS of Mr. Burgess, was put in an invidious position. I commend his actions of reporting this to the proper reporting authority — namely, the police. He certainly acted with integrity and sense. So, there it is, Mr. Speaker, a sad episode. It was not about an overspend or a bond that could not be met. If it was, that should have been looked into by the Auditor General and findings made to find ways of avoiding this in the future. What this case was about was a failure to have the information about this felony revealed. It never was, and a special report and a lot of frothing, of calling everyone but the right witness to unearth the truth, when really it should have been left with the police to unearth the truth, was not achieved and it has resulted, in my view, in a waste of Gover nment money. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise now the Attorney General, Trevor Moniz, you have the floor. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I do not intend to speak for very long. There are a couple comments that I w ould like to make and …
Thank you, Honourable Member. The Chair will recognise now the Attorney General, Trevor Moniz, you have the floor.
Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I do not intend to speak for very long. There are a couple comments that I w ould like to make and maybe just to educate the Members of the House and the public to some degree on some aspects of these matters. Insofar as the Shadow Attorney General who spoke immediately before me, the Honourable Mem-ber, Michael Scott from constitue ncy 36, you know, he is correct and the Honourable Member, Derrick Bur-gess, was correct that there were matters from Chambers, before my time, but which I am aware were not able to be revealed because they were covered by legal professional privilege. That much I can support. Beyond that there really is not much I can support. There is no doubt that in the general view of the public these projects, along with many others, went way over budget. The controls were virtually non-existent and nobody knew where the money went. The money —
Mr. E. David BurtAnd if there was any question as to missing money, I am certain that that would have been brought up by the Auditor General and reported to the authorities. That was never had, and as shown by the Public Accounts Committee, the Auditor General has come and people have asked …
And if there was any question as to missing money, I am certain that that would have been brought up by the Auditor General and reported to the authorities. That was never had, and as shown by the Public Accounts Committee, the Auditor General has come and people have asked if there have been any criminal offences and the Auditor General has responded no. The Honourable Minister should be careful with his language.
The SpeakerThe SpeakerThank you. Thank you. Hon. Trevor G. Moniz: Mr. Speaker, that is not true. That it is not true. In fact, I spok e to the Auditor General myself , and that is not true at all. That is not true at all. Matters have—
The SpeakerThe SpeakerAttorney General, take your seat please. Yes. POINT OF ORDER
Mr. E. David BurtAs Chairm an of the Public A ccounts Committee I think I would know what the Aud itor General has said in front of our committee and I am certain that the Honourable Minister of Environment can concur, as he is nodding his head, because he asked the question and …
As Chairm an of the Public A ccounts Committee I think I would know what the Aud itor General has said in front of our committee and I am certain that the Honourable Minister of Environment can concur, as he is nodding his head, because he asked the question and the A uditor General gave the answer which I just stated.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. 1810 20 May 2016 Official Hansard Report Bermuda House of Assembly Hon. Trevor G. Moniz: The Auditor General has certainly referred matters, and I have spoken with her myself, so whatever she may or may not have sai d to the Chairman, matters have …
Thank you. Thank you, Honourable Member.
1810 20 May 2016 Official Hansard Report
Bermuda House of Assembly Hon. Trevor G. Moniz: The Auditor General has certainly referred matters, and I have spoken with her myself, so whatever she may or may not have sai d to the Chairman, matters have been referred. I speak here . . . I represent , as Attorney General , the civil enforcement authority under the Proceeds of Crime Act, and I can stand in the House today and declare to Members of the House, and declare to mem bers of the press and members of the public that investigations have and are taking place and steps will be taken. There are also matters with the DPP for criminal steps to be taken. We have a new DPP. I am sure he is going to take a while to get up to speed, but steps will be taken. So for Members of that side to mislead the public and to suggest that there was no evidence of criminality, no evidence of malfeasance, is totally and absolutely untrue. I support what the Deputy Premier said in his speech about the difficulty that we have had moving forward, particularly with the civil service , but I think we are succeeding and matters are going ahead. What we saw this morning, with respect to the modernisation on the law on bribery and corruption, it is sorel y in Bermuda. There is evidence of all sorts of malfeasance, misfeasance, and theft of all sorts. We are trying to proceed with it, but unfortunately the culture within government has militated against its swift progress. But we feel that we are making progress now and the public will, within a reasonable time, see the outcome of that. I cannot reveal any more details other than that at this present time. They may, in fact, include the project that we are talking about right now. So, you know, Shakespeare had a phrase which was, The lady doth protest too much, methinks . And that came to mind when I was hearing some of the speeches today. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair recognises the Minister of Home Affairs. Now it is Home Affairs, is that correct? Hon. Patricia J. Gordon -Pamplin: That would be correct, Mr. Speaker. Thank you. Thank you, Mr. Speaker. Mr. Speaker, having to debate the report that was written by the Auditor …
Thank you, Honourable Member. The Chair recognises the Minister of Home Affairs. Now it is Home Affairs, is that correct? Hon. Patricia J. Gordon -Pamplin: That would be correct, Mr. Speaker. Thank you. Thank you, Mr. Speaker. Mr. Speaker, having to debate the report that was written by the Auditor General on the misuse of public funds brings us to a pretty sad day because we listened to the things that have been said. We listened to the Honourable Member who believes that he had been victimised. The Honourable Member from constituency 5 indicated (I believe 5) that he was told that it was the intent of the Auditor General to publically shame him. That would be not just regrettable, but very sad. That would be very, very sad. Because let me say that I also sat on the Public Accounts Commi ttee and for the duration of the time that I sat on the PAC, two Auditors General, first, Mr. Dennis and then Mrs. Jacobs Matthews, were the Auditors General and they in fact sat as ex officio members in the PAC meetings. Let me say that I do not know what was said privately or to friends, as the Honourable Member i ndicated, but I can say and I believe that the Honourable Member from constituency 3, who actually sat on that committee with me, along with Honourable F inance Minister and a few others over time in varying capacities, would attest to the fact t hat when the Aud itor General sat with us there was no indication of any malevolence or any indication of any mal -intent or malice towards anybody. That was never a part of any deliberation that we had either overtly or covertly. B ecause I know the seriousn ess with which each of us who sat on that committee during our duration and our time . . . that is certainly something that would never have been tolerated had that been unearthed. I also listened to the Honourable Member from [constituency] 5 who indicat ed that it was unfortunate that the leadership of his team had possession of information for some months and never brought it to his attention. I cannot imagine what that must feel like. If somebody in whom you have trust as your leadership, and somebody t o whom you have loyalty and allegiance would have an approach that would appear to be stabbing one of your own in the back . . . I cannot imagine what that would be like. And that also is not just regrettable, if that is the case, it is very, very sad, not just for the individuals, but that a culture could exist for something like that, to know that som ebody —one of your team members —is being victimised by your leadership to that extent . That is sad. The one thing I do remember is that at the point that we started investigating . . . and I am going to go into the cheques because it was the cheques that actually caused the lawsuit that led to the report. When we first went into that, we looked at what was apparent. We looked at it from a logical perspective. I believe that as a committee we pretty much figured out reasonably early on that something was wrong . We did not think, we did not see, based on the ev idence that we had and based on the interviews that we had conducted . . . there was nothing that gave us any evidence that there was any personal liability on the parts of the two people who were named o n the cheques that there was something that was not right. We came to that conclusion reasonably early on in our deliberations. So I was certainly personal ly satisfied that there was not a matter to be answered in terms of whether some fraudulent activity had occurred by people who being implicated. The Honourable Member indicated the pain that comes with having people cast aspersions on your character and on your integrity, and you have to sit and swallow it. I am happy to hear that, Mr. Speaker . I hope that gives us a Come to Jesus m oment in this Honourable House. Because the same way that that Honourable Member felt, he has to a pBermuda House of Assembly preciate that when Member s on that side of the aisle attack and approach us on this side of the aisle with the same vitriol and the same disgusting comments that would impugn our characters and our integrity, that we too have feelings. Now, we are expected to have broad shou lders in this Honourable House, but there is nobody who should impugn your character , and it certainly ought not to come from Members of this House, as we have heard that level of vitriol consistently and persi stently, repeatedly and incessantly. So I am glad i f today does nothing else but allow us the opportunity to examine introspectively our attitudes and our approaches one towards the other. Mr. Speaker, as far as Members opposite would have it, Public Works fixed my roof. I was in water knee deep for six m onths after Hurricanes Gonzalo and Fay. You know, these are the kinds of things. I heard it from a person. I remember sitting as Chair for the Public Accounts Committee, the same Public Accounts Committee when matters respecting things that were happening at the Bermuda College were being made public in the newspaper. And I was accused by Members opposite who sat on that committee . . . and these were days before we had public meetings of the Public Accounts Committee. But I was accused both in this House and out, and it was that reason that I ended up actually getting ejected from this House because I objected to the fact that I was being vilified and lied upon by Members opposite— some of whom who still sit here, some have moved on. But to say that I was r esponsible for taking i nformation to the press, when I knew in my heart of hearts as Chairperson for the Public Accounts Committee I wanted nothing more than to ensure that that committee operated in accordance with the rules and regulations as were prescr ibed by the House of A ssembly, and that we answered to the House through the Speaker at the appropriate time when the reports were done. Do you know what that made me feel like when Members could sit and say, Oh, yeah, you did it. You went to the press. And I said, I did not. Because the one thing, Mr. Speaker, that you will know about me in perhaps the time that you have seen me here, is that if I say something that is incorrect and I am made aware of it , I will withdraw it . I will apologise. If I say that I did something or that I did not do something, take it to the bank [that] I did not do it. And if I did something and it is brought to my attention, I will tell you, yes, I did, and there is a reason why. Why would I act that way, Mr. Speaker? The character and integrity that we bring to this Honourable House is what we have. It is what our constituents look up to, and it is what they admire in us in order to return us to represent their best interests at any point in time. So I am happy to hear Members say how inappropriate it is for that type of vitriol to be spewed. But remember, when you feel it on that side and yet you are willing to throw it over to this side, it obtains both ways. It works both ways. Now, let me just say, Mr. Speaker, that I do not know of some of the further deliberations that would have happened after I was no longer on the Public Accounts Committee. But I do know that we were satisfied as a committee during the period of time that I sat, that the Auditor General who sat in every single meeting ( with the exception of perhaps one in which her Deputy would have sat ) did not indicate in any way, shape or form that there was any malevolence. You know, I do not know (as I said) what was heard. But I think it is important to state that as an accountant, as an auditor, and given that that is also my profession, we take very seriously our responsibilities. If the report has damned somebody incorrectly, and the Committee has found that something could have been done differently than had been done, I will accept that. We went according to our mandate by the reports that had been tabled in this Honourable House. We made conclusions based on what we saw. We heard the Honourable Finance Minister earlier indicate that there was a culture of overs pend. There was culture of lack of accountability. I sat in the room on the day that the “red file ” showed up to say, This is the way it is done . And very glibly and very arrogantly, Well, what are you going to do about it? That is the way we do it. There was no level of apology. There was nothing that said, We have a higher level of accountability because we are spending public funds. It was like, So what ? If you don’t like it, you lump it. That was the attitude that we got. It was not said in those specif ic terms, but that was the attitude that we got . And we had to filter through all of that noise and all of that mess to understand that the culture of overspend was not just happening, it was b eing defended. And t hat we found to be unacceptable, as a commi ttee, Mr. Speaker. So when the Honourable Finance Minister i ndicated about overspends, and there was refuting by the Honourable Member from, I believe, constit uency 5, who said that the particular building to which the Honourable Finance Minister alluded, that it was not $20 million over budget . . . I just went back to the Budget Book. It had a TAF [Total Authorised Funding] of $101 million. It had an actual spend on the 2014/15 file as of 2013, of $98.874 million, according to the Budget Book. But I remem ber very clearly when the project was rolled out in this Honourable House, when the then- Minister for Public Works stood and said, This building cost $75 million. It will be capped. If the contractors were able to bring it in at less than $75 [million], the profit would be theirs (the extra profit, because they would have built in profit into the $75 million ). If it came in at less, the difference would be theirs. But if it came in at more, they would eat the additional cost. So the difference between $75 [ mil1812 20 May 2016 Official Hansard Report
Bermuda House of Assembly lion] and $98.874 [million] is $23.874 million. So that was—
Hon. Derrick V. Burgess, Sr.: Point of order, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: If you would just allow me, . . . Okay. Go ahead.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Hon. Derrick V. Burgess, Sr.: Mr. Speaker, the Mi nister is misleading the House. I do not think intentionally. She just does not know. The contract changed. There were a lot of additions in that building over there, cells and everything else. There were a …
Yes.
POINT OF ORDER [Misleading]
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, the Mi nister is misleading the House. I do not think intentionally. She just does not know. The contract changed. There were a lot of additions in that building over there, cells and everything else. There were a lot of mistakes over there that were made that had to be . . . and that was only for a base building. That was all it was for.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Hon. Patricia J. Gordon -Pamplin: Let me just say, and if he had given me just a second, I would have said that there was significant change orders. But that also is part of a culture. Part of a culture to permit and accept …
All right. Thank you, Honourable Member.
Hon. Patricia J. Gordon -Pamplin: Let me just say, and if he had given me just a second, I would have said that there was significant change orders. But that also is part of a culture. Part of a culture to permit and accept bids and underbids, and the best price, and, you know, you put stuff out to tender and the tenders come in and you get a tender for “X” amount and then you start with the change orders. And then that is when $75 million, might be one or two . . . a few extra cells —not one or two, I do not want to understate it because there were additional requir ements. But that is the context in which $75 million can escalate to $98.8 million in actual expenditure on a capital project. And these are the things juxtaposed against, not just the one project, but the other project that the Honourable Member mentioned that at $68 million, which was 70 per cent completed, $51 million worth having been completed , and it took another $60- odd million for it to be completed. So we have to under-stand that there was legitimate concern for what was happening in the terms of capital expenditure, many of which went out to tender —I have to admit that . I have to say that; I have to underscore that because that seems to be a point of contention in today’s context. But with all that said, I can understand that there was a lot of testiness going on in terms of the Auditor General and her responsibility to get to the bottom of the things that were going on. And the r eport that was written with respect to that misuse of public funds, speaking to the legal fees respecting the defence, as the Honoura ble Member indicated, with a Cabinet conclusion that authorises it, you have to accept that was what the Cabinet of the day decided. The missing link was that any benefit would enure to the Consolidated Fund. That was the missing piece. And t he Honourable Member indicated today that had that been brought to the attention that this was a necessity, a requirement, then there was no issue with signing -off on that. But the one challenge that we have as auditors is that we cannot look at what is in front of us and try to figure out what was one intending to do. You look at the evidence, you say this is —
Hon. Michael J. Scott: Point of order. Point of order. I specifically recall —
The SpeakerThe SpeakerYes. Hon. Michael J. Scott: Thanks, Mr. Speaker.
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER [Misleading] Hon. Michael J. Scott: The point of order is that the Honourable Member is possibly unintentionally mi sleading the House when she indicates that had it been brought to the attention of the Auditor General that the proceeds could have …
What is your point of order?
POINT OF ORDER [Misleading]
Hon. Michael J. Scott: The point of order is that the Honourable Member is possibly unintentionally mi sleading the House when she indicates that had it been brought to the attention of the Auditor General that the proceeds could have come back to the Consolidated Fund. T hat point was canvassed. It came through my Chambers, in my office, and it came directly from the Member from constituency 5, who gave an answer. So, it was in play with the Auditor General’s know ledge, I am sure.
The SpeakerThe SpeakerOkay. Thanks. Minister? Hon. Patricia J. Gordon -Pamplin: And that may very well be so. I am not going to refute that because I do not have any evidence to the contrary. But let me say that that fact was never brought before the committee for us to have that …
Okay. Thanks. Minister?
Hon. Patricia J. Gordon -Pamplin: And that may very well be so. I am not going to refute that because I do not have any evidence to the contrary. But let me say that that fact was never brought before the committee for us to have that as part of our deliberations. So that is why I say we cannot, as auditors, as accountants, or as PAC Members , look at the detail and documents that we have before us and make assumptions in the absence of evi dence that is specific to support that particular assertion. That is all I wanted to say. Let me say that today’s exercise, notwit hstanding that some Members believe that the whole PAC investigation of this particular matter may have in fact been a waste of time —a colossal waste of time, I believe might have been the degree to which it was determined and to which it was characterised —I b elieve that it was important. I believe, as I said, Mr. Speaker (and I will end with this ), if nothing else, we have to a ppreciate that not only do Members on that side have feelings, Members on this side also have
Bermuda House of Assembly feelings. So when we are going to start pointing fi ngers and casting aspersions and making spurious comments and assuming things and laughing about it and assassi nating people’s characters, on both sides of this aisle, we have to understand that that Honourable Member is not the only one with children or grandchildren— we all have. We all have! We all have to go home at the end of every day. We all have to look at our children and our family members and know that the efforts that we have put into representing the people, that we have done it to the best of ability. And to have these types of asper-sions cast on us is not just unacceptable, it is disgus ting. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. It does not look like any other Honourable Member care to speak. That brings to a close the motion by E. G. D. Burt “That this Honourable House take note of the Minister of Finance Response to the Report of the Parliamentary Standing Committee on the …
Thank you, Honourable Member. It does not look like any other Honourable Member care to speak. That brings to a close the motion by E. G. D. Burt “That this Honourable House take note of the Minister of Finance Response to the Report of the Parliamentary Standing Committee on the Public A ccounts on ‘The Special Report of the Auditor General on The Misuse of Public Funds,’ tabled in the House on 17 th July 2015.” The Chair will now recognise again the Honourable Member from constituency 18, Acting Leader of the Opposition, MP David Burt. You have the floor.
MOTION S
AUDITOR GENERAL’S ANNUAL REPORT ON THE ACCOUNTS OF THE GOVERNMENT OF BERMUDA FOR THE FINANCIAL YEARS ENDED 31 MARCH 2009 AND 2010, F INANCE MINISTER’S RESPONSE [Reinstated, Standing Order 25(3) ]
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, I ask for leave of the House to reinstate the motion standing in my name relating to the Minister of Finance’s response on the Auditor General, on the work of the Auditor General, and on the accounts of the Government of Bermuda …
Thank you very much, Mr. Speaker. Mr. Speaker, I ask for leave of the House to reinstate the motion standing in my name relating to the Minister of Finance’s response on the Auditor General, on the work of the Auditor General, and on the accounts of the Government of Bermuda for the Financial Years ended 31 March 2009 and 2010, which appears on the Order Paper as [Order] No. 13. Mr. Speaker, in accordance —
Mr. E. David Burt—with Standing Order 25(3), I am requesting that it remain on the Order Paper for an additional three months or until such date as the order is discharged, whichever is earlier.
The SpeakerThe SpeakerCarry on. [Inaudible interjection] The Speaker: Thank you. So you are not doing it tonight? [Crosstalk]
The SpeakerThe SpeakerWhy didn’t you tell me that earlier t onight, then I would not have it in my mind that . . .
Mr. E. David BurtMr. Speaker, I do believe that the only thing that was sent from our Whip was that one, number 13. Sorry.
The SpeakerThe SpeakerIt is all in the same vote. Yes, both of them were. Yes. I had both, Honourable Member. [Inaudible interjections]
The SpeakerThe SpeakerI had . . . Honourable Member, I had both. I was thinking both. [Inaudible interjections]
The SpeakerThe SpeakerYes, I was . . . I was told both. But that is fine.
The SpeakerThe SpeakerI certainly do not mind. [Laughter]
The SpeakerThe SpeakerYes. All right. So that will be, as per your [motion], it will go back on the Order Paper. MP Commissiong, you have the floor. PARLIAMENTARY JOINT SELECT COMMITTEE TO EXAMINE THE EFFICACY OF ESTABLISHING A LIVEABLE WAGE FOR BERMUDA [Reinstated, Standing Order, 25(3) ]
Mr. Rolfe CommissiongThank you, Mr. Speaker. Mr. Speaker, I too ask leave of the House t o reinstate the motion standing in my name relating to the unemployment and the underemployment of Bermudians on the Order Paper as [Order] No. 14. Mr. Speaker, in accordance with Standing Order 25(3), I am requesting …
Thank you, Mr. Speaker. Mr. Speaker, I too ask leave of the House t o reinstate the motion standing in my name relating to the unemployment and the underemployment of Bermudians on the Order Paper as [Order] No. 14. Mr. Speaker, in accordance with Standing Order 25(3), I am requesting that it remain on the O rder Paper for an additional three months, or until such date as the order is discharged, whichever is earlier.
The SpeakerThe SpeakerThank you, Honourable Member.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member W. L. Furbert, he is not here. Does anyone have his . . . [Crosstalk] 1814 20 May 2016 Official Hansard Report Bermuda House of Assembly The Speaker: We need someone to ask that that be . . .
The SpeakerThe SpeakerYes. JOINT SELECT COMMITTEE TO INQUIRE AS TO THE STRATEGIES NEEDED TO CREATE NEW JOBS [Reinstated, Standing Order 25(3) ]
Mr. E. David BurtMr. Speaker, I ask for leave of the House to reinstate the motion standing in the name of the Honourable Member for Hamilton West, relating to the decrease in the number jobs after several years, which is on the Order Paper listed as [Order] No. 15.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. That will be carried over.
Mr. E. David BurtThank you very much. I am r equesting that it remain on the Order Paper for an add itional three months until such date as the order is di scharged, whichever is earlier.
The SpeakerThe SpeakerThank you. I really was wondering why you were reading the other one, that is why I was looking perplexed, because I . . . yes. Then Order No. 16 actually needs to be . . . the Honourable Member needs to take this off the [Order] Paper. So maybe, …
The SpeakerThe SpeakerYes, but it has to be offic ially discharged . . . so, if a Member can stand up and do that. REFERENDUM ON MARRIAGE AND SAME -SEX UNIONS [Discharged from Order Paper, Standing Order 25(3) ]
Mr. E. David BurtMr. Speaker, I am uncertain of which Standing Order I should move, but I m ove that [Order] No. 16, which is in the name of the Honourable Shadow Minister for Health and Community [A ffairs] be discharged from the Order Paper.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. That is fair enough. We will accept that. Thank you. That brings to the end the Orders of the Day, so now I will first recognise the Minister of Social D evelopment and Sports. SUSPENSION OF STANDING ORDER 21 Hon. Sylvan D. …
All right. Thank you. Thank you, Honourable Member. That is fair enough. We will accept that. Thank you. That brings to the end the Orders of the Day, so now I will first recognise the Minister of Social D evelopment and Sports.
SUSPENSION OF STANDING ORDER 21
Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Human Rights Amendment (No.2) Act 2016 be now read the third time by its title only: Human Rights Amendment (No.2) Act 2016.
The SpeakerThe SpeakerAny objections? None. Carry on, sir. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING HUMAN RIGHTS AMENDMENT (NO.2) ACT 2016 Hon. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. I move that the Bill do now pass.
The SpeakerThe SpeakerThank you. Any objections? That Bill is now passed. [The Hum an Rights Amendment (No.2) Act 2016, read a third time and passed.]
The SpeakerThe SpeakerThe Chair will recognise now the Mini ster of Finance, Minister Bob Richards. SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Okay, Mr. Speaker. Mr. Speaker, I m ove that [Standing Order] 21 be suspended to allow me to move that the Bill ent itled the International Cooperation …
The Chair will recognise now the Mini ster of Finance, Minister Bob Richards.
SUSPENSION OF STANDING ORDER 21
Hon. E. T. (Bob) Richards: Okay, Mr. Speaker. Mr. Speaker, I m ove that [Standing Order] 21 be suspended to allow me to move that the Bill ent itled the International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 be read by its title only for a third time.
The SpeakerThe SpeakerAny objections? None. Car ry on, sir. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING Bermuda House of Assembly INTERNATIONAL COOPERATION (TAX INFORM ATION EXCHANGE AGREEMENTS) AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that the Bill do now pass.
The SpeakerThe SpeakerAny objections? The Bill is now passed. [The International Cooperation (Tax Information E xchange Agreements) Amendment Act 2016, read a third time and passed.]
The SpeakerThe SpeakerThank you. Honourable Premier. ADJOURNMENT Hon. Michael H. Dunkley: Thank you , Mr. Speaker, I move that we now adjourn to next Friday, the 27th.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member, from constituency 30 . . .
The SpeakerThe SpeakerYes, there are so many Scotts in the House. Constituency 24, MP Lawrence Scott. Carry on. AIRPORT REDEVELOPMENT
Mr. W. Lawrence ScottThank you, Mr. Speaker. I did not intend to speak on the motion to adjourn, but earlier today the former Tourism and Trans-port Minister said something that I found very interes ting when he, basically, spoke out and raised the awareness of double- digit growth in our air arrivals. He …
Thank you, Mr. Speaker. I did not intend to speak on the motion to adjourn, but earlier today the former Tourism and Trans-port Minister said something that I found very interes ting when he, basically, spoke out and raised the awareness of double- digit growth in our air arrivals. He mentioned how he would have appreciated the Opposition giving credit to, not just him, but also the Government for this growth. What the former Minister did not tell us was that this reported growth was done without this country having a new airport. This growth was do ne wit hout Aecon’s help. This growth was done without CCC. I would be willing to give this former Minister and the Government credit if that former Minister was willing to stand up and speak out against the airport redeve lopment programme and project as it stands now. But I have a feeling that he probably will not do that b ecause it seems as though those people who speak out against the airport redevelopment project tend to lose their jobs —so I have been told.
[Laughter]
Mr. W. Lawrence ScottBut I was also told, Mr. Speaker, that this deal was not going to cost the tax-payer anything. I was told that . . . You know what? Hon. E. T. (Bob) Richards: Point of order.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading] Hon. E. T. (Bob) Richar ds: The Honourable Member is misleading the House. What he was told was that this deal would not increase Government debt. That is what he was told.
Mr. W. Lawrence ScottWell, Mr. Speaker, when you decrease your incom e but still have to pay virtually the same expenses, that is costing you something. I r emember I spoke out here about, A penny saved is a penny earned, and I went through the whole explanation and definition from Benjamin Franklin …
Well, Mr. Speaker, when you decrease your incom e but still have to pay virtually the same expenses, that is costing you something. I r emember I spoke out here about, A penny saved is a penny earned, and I went through the whole explanation and definition from Benjamin Franklin and all of that, but, Mr. Speaker, when we are taking in less i ncome . . . we are not taking in the $16 million in surplus that the airport generates, but yet we still have to pay the $191,000 electricity bill per month, which equals $2.3 million over the year, which equals $69 million of taxpayer -funded electricity. But we are not taking in that $16 million in surplus. The fact that the Government, the country, does not take in payroll tax because that is going to be waived, Mr. Speaker —
The SpeakerThe SpeakerJust a minute. I think, Honourable Member, this is a matter that is with the Public A ccounts Committee, and I think we cannot get too much in to this whole development because the ai rport development project is being discussed by the Public Accounts Committee.
Mr. W. Lawrence ScottOkay, Mr. Speaker. I will tread lightly and I will be guided by your —
The SpeakerThe SpeakerYes, yes, because, you know, the matter is before . . . in essence, I will allow a little bit of leeway because once a matter is put to a committee of the House and they are having discussions about it, then it should not be discussed on the floor.
Mr. W. Lawrence ScottAll right. So I am not able to talk about how there are private meetings being held on a public aspect? Or is — 1816 20 May 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Carry on with what you were going to say.
Mr. W. Lawrence ScottNo, because . . . yes, Mr. Speaker, I was just going to go through the different things that we are not paying or we have to pay for but we are not getting the revenue for, but yet, instead of trying to have the . . . because right …
No, because . . . yes, Mr. Speaker, I was just going to go through the different things that we are not paying or we have to pay for but we are not getting the revenue for, but yet, instead of trying to have the . . . because right now 75 per cent of the population is against this airport deal, and that means that it is not just a PLP issue. That means that you have a significant portion of the OBA membership and OBA supporters that are against this.
Mr. Speaker.
The SpeakerYes. POINT OF ORDER [Misleading]
Mrs. Suzann Roberts -HolshouserMisleading the public. I do not believe that we actually know that 75 per cent of the people in Bermuda are against the airport. Thank you, Mr. Speaker.
Mr. W. Lawrence ScottMr. Speaker, I am quoting poll numbers that were put out in the public domain. So that is where I get the 75 per cent. That is where I feel it is safe to say that 75 per cent of the general population is against the airport redevelopment as it …
Mr. Speaker, I am quoting poll numbers that were put out in the public domain. So that is where I get the 75 per cent. That is where I feel it is safe to say that 75 per cent of the general population is against the airport redevelopment as it stands now. So, Mr. Speaker, what the Government has done, instead of trying to hold more town hall meetings for everybody, they hold a meeting for just a select few.
Hon. Patricia J. G ordon -Pamplin: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: The Honourable Member may be inadvertently, but it is certainly mi sleading the House. What the Finance Minist er has done is to go to many small groups: He has been to the taxi drivers as a small …
Yes, Honourable Member.
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: The Honourable Member may be inadvertently, but it is certainly mi sleading the House. What the Finance Minist er has done is to go to many small groups: He has been to the taxi drivers as a small group; he has been to the Rotary as a small group; he has been to Age Concern [Bermuda] as a small group. And he can be assured if Members of his team want the Finance Mi nister to come and give them factual information so that they do not go town hall with misinformation, I am sure the Finance Minister will be happy to do that too.
Mr. W. Lawrence ScottMr. Speaker, I find it very interesting that the Member that just took her seat said that, because my understanding is that it was not the Minister that went to talk to these small groups. It was Aecon themselves that went and talked to the taxi drivers; it was Aecon …
Mr. Speaker, I find it very interesting that the Member that just took her seat said that, because my understanding is that it was not the Minister that went to talk to these small groups. It was Aecon themselves that went and talked to the taxi drivers; it was Aecon themselves that went and talked to our senior citizens — Hon. E. T. (Bob) Richards: Point of order.
The SpeakerThe SpeakerMinister. POINT OF ORDER [Misleading] Hon. E. T. (Bob) Richards: Misleading the House. It is sheer nonsense. I can tell you, Mr. Speaker, I went. I do not wor k for Aecon. I work for the people of Bermuda. Last night, or a couple of nights ago, I made the …
Minister.
POINT OF ORDER [Misleading]
Hon. E. T. (Bob) Richards: Misleading the House. It is sheer nonsense. I can tell you, Mr. Speaker, I went. I do not wor k for Aecon. I work for the people of Bermuda. Last night, or a couple of nights ago, I made the presentation. I made the presentation to Rotary, not Aecon. So, the Honourable Member needs to get his facts straight —
The SpeakerThe SpeakerAll right. Thank you. Hon. E. T. (Bob) Richards: —before he comes here and misleads this House.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member.
Mr. W. Lawrence ScottMr. Speaker, as the Shadow Minister of Transport, the taxi drivers themselves told me that Aecon went ther e and spoke to them. Not the Minister! I have my facts straight. So the Honourable Minister should get his facts straight — Hon. E. T. (Bob) Richards: Point of order.
Mr. W. Lawrence Scott—before he stands here b efore you. The Speake r: Yes, there is a point of order. Yes. POINT OF ORDER Hon. E. T. (Bob) Richards: The Honourable Member is basically saying that I told you something that is not true. Right?
An Hon. Member An Hon. MemberNo. Hon. E. T. (Bob) Richards: Yes, he has. He said that Aecon went and I did not go. Was I dreaming? Was I Bermuda House of Assembly there, or not? I was there! An Aecon guy was there, but I was there and I spoke to those taxi drivers.
The SpeakerThe SpeakerHonourable Member, just take your seat a minute. Take your seat a minute! [Inaudible interjections]
The SpeakerThe SpeakerTake your seat a minute! Take your seat a minute! Honourable Members, let’s . . . let’s settle down. Let’s settle down. People listen to us. Let us be careful about what we say. All right? And I am hearing . . . my hearing is not that bad yet, …
Take your seat a minute! Take your seat a minute! Honourable Members, let’s . . . let’s settle down. Let’s settle down. People listen to us. Let us be careful about what we say. All right? And I am hearing . . . my hearing is not that bad yet, . . . so, Honourable Members, let us jus t be clear and precise in what we have to say. Carry on.
Mr. W. Lawrence ScottMr. Speaker, the main point that I am trying to get across is the fact that this Government is not listening to the people of Bermuda yet again. We saw this with the immigrat ion debacle, Mr. Speaker. This has started to become . . . it is see mingly …
Mr. Speaker, the main point that I am trying to get across is the fact that this Government is not listening to the people of Bermuda yet again. We saw this with the immigrat ion debacle, Mr. Speaker. This has started to become . . . it is see mingly becoming a trend of the OBA Government not to listen to the people until after the people get fed up and tired of being ignored and show force by coming and protesting, marching and whatnot. No matter how many times the Opposition gets up and says, Go vernment, Ministers, OBA, please listen to the people , they ignore them. Seventy -five percent of the popul ation is against this deal, but yet they try to push it —
Hon. E. T. (Bob) Richa rds: Point of order.
The SpeakerThe SpeakerYes, Honourable Member? POINT OF ORDER [Misleading] Hon. E. T. (Bob) Richards: The Honourable Member keeps quoting this 75 per cent. You know, it was in a poll, but that was some time ago. This Government has been talki ng to people since then, so the only thing that he …
Yes, Honourable Member?
POINT OF ORDER [Misleading]
Hon. E. T. (Bob) Richards: The Honourable Member keeps quoting this 75 per cent. You know, it was in a poll, but that was some time ago. This Government has been talki ng to people since then, so the only thing that he can say is according to that poll . . . at that time that poll showed . . . it does not indicate now.
The SpeakerThe SpeakerOkay. And that is fair. [Inaudible interjection]
The SpeakerThe SpeakerAnd you can be clear in that way. I think the Minister is correct.
Mr. W. Lawrence ScottMr. Speaker, what I will say is that now I can safely say that a majority of the public is against this airport deal. And if a majority of the public is against this airport deal, and the Honourable Minister said that he works for the people of Bermuda, he …
Mr. Speaker, what I will say is that now I can safely say that a majority of the public is against this airport deal. And if a majority of the public is against this airport deal, and the Honourable Minister said that he works for the people of Bermuda, he should be against the airport deal because the m ajority of the people that he works for are against the airport deal. So, therefore, why does he not listen to the people? What is his motivation for moving forward on a project that is unpopular to the majority of the people, because if at election time the OBA is unpopular to a majority of the people they will no longer be Go vernment. So my suggestion is, if they want to listen to the peo ple at election time or want the people’s su pport at election time, they should support the people’s will now prior to the election. So it just seems as though when we come to this airport deal I cannot understand what motivation you have to move forward on a deal that the people you work for are not behind. You can have the Aecon PR team here willing to go to Cup Match and have a tent next to the Crown and Anchor tent at Cup Match to try to do PR. You can go up and down this country talking [about] Aecon to our taxi drivers, talking [about] Aecon to our senior citizens, talking with the OBA membership [about] Aecon, Mr. Speaker, it is not making any difference. The majority of the people are still against this airport deal. For me, if you want to talk about . . . because, remember. I also remember being told that it was g oing to increase our tourist arrivals, that we need to have a state of the art facility, a First World, first -class facility to help increase our tourist arrivals, yet we see it happening without that airport, without Aecon, wit hout CCC. So what excuse are you going to put out now? What reason are you going to put out now to give away $1.6 billion in revenue over 30 years? How is it that other jurisdictions, Mr. Speaker — Hon. E. T. (Bob) Richards: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Minister? POINT OF ORDER [Misleading] Hon. E. T. (Bob) Richards: Nobody is giving away anything, Mr. Speaker, much less those billions of dollars over 30 [years]. No one is giving away anything.
The SpeakerThe SpeakerThank you. Hon. E. T. (Bob) Richards: So when he says that, he is misleading the House because it is patently false! 1818 20 May 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Thank you, Minister.
Mr. W. Lawrence ScottSo, I take it that $1.6 billion is going to go into the Consolida ted Fund over the next 30 years. No it is not, Mr. Speaker. So if it is not going into the Consolidated Fund over the next 30 years, then it is not coming to us, it …
So, I take it that $1.6 billion is going to go into the Consolida ted Fund over the next 30 years. No it is not, Mr. Speaker. So if it is not going into the Consolidated Fund over the next 30 years, then it is not coming to us, it is going som ewhere else. So either you are giving it away, we are selling it . . . I do not know. But I will move on, Mr. Speaker. Right? B ecause the thing is that it is funny that the same deal that was not good enough for the Cayman Islands, which they copied and pasted and gave and sold to the Minister . . . and how do we know that it was c opied and pasted? Because the PATI report came out and said that the Causeway went from Blue Hole Hill to someplace in the Cayman Islands. That is how sloppy it was done, Mr. Speaker. So, Mr. Speaker, it was not good enough for the Cayman Islands. The UK Government came in and said it was not good enough for them. So then how is it supposedly good enough for us now? How is it that we now have the same developer that sold those shares in Quito to try to generate enough capital financing so that they could actually start doing the project here? So, that means they did not have the money. How is that they are trying to go out and find the funding now, Mr. Speaker?
Hon. E. T. (Bob) Richards: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Minister? POINT OF ORDER [Misleading] Hon. E. T. (Bob) Richards: The Honourable Member is misleading the House. To say that Aecon does not have the money, did not have the money before they sold their contract in Quito is ludicrous. Aecon is the biggest infrastructure deve lopment company in …
Yes, Minister?
POINT OF ORDER [Misleading]
Hon. E. T. (Bob) Richards: The Honourable Member is misleading the House. To say that Aecon does not have the money, did not have the money before they sold their contract in Quito is ludicrous. Aecon is the biggest infrastructure deve lopment company in Canada. It is not a big deal for them, you know? They build billion dollar facilities. It is not a big deal for them.
The SpeakerThe SpeakerThank you, Minister. Hon. E. T. (Bob) Richards: Besides, the capital is being raised from debt mainly, n ot equity from Aecon.
The SpeakerThe SpeakerAll right, thank you, Minister.
Mr. W. Lawrence ScottMr. Speaker, the Honourable Minister went on . . . [it] was reported in the news here that they are going out to the capital markets and all of that. So, if they ha d the money, why are they going out to the capital markets? But I am going …
Mr. W. Lawrence ScottI am moving on, because, do you know why, Mr. Speaker? How is it that other jurisdictions are building bett er airports, bigger airports for less money, and they do not have to give their ai rports away for 30 years, Mr. Speaker? How are they able to do that, …
I am moving on, because, do you know why, Mr. Speaker? How is it that other jurisdictions are building bett er airports, bigger airports for less money, and they do not have to give their ai rports away for 30 years, Mr. Speaker? How are they able to do that, if Aecon is the only one- stop shop, is the only answer that we can have, Mr. Speaker? How is it that Aeco n for Bermuda is the only one that can tick all the boxes, Mr. Speaker? And all of this rhetoric is coming from a F inance Minister that when I first started talking about the airport deal and what was going to happen said — and it is in the Hansard —What ar e you doing? Bu gging my phone? How do you know everything that is going on?
[Inaudible interjection]
Mr. W. Lawrence ScottIt is in Hansard, Mr. Speaker. So, Mr. Speaker, the thing is that when it comes to this, Mr. Speaker,
An Hon. Member An Hon. MemberDo you understand the concept of sarcasm? [Laughter]
An Hon. Member An Hon. MemberDo you understand the concept of sarcasm? [Gavel]
Mr. W. Lawrence ScottAnd the thing is that if this is such an important deal, why is the Minister interpola ting that I should understand what sarcasm is? This is not a joking matter, Mr. Speaker; this is no time for jokes and sarcasm. This is $1.6 billion going somewhere for a project …
And the thing is that if this is such an important deal, why is the Minister interpola ting that I should understand what sarcasm is? This is not a joking matter, Mr. Speaker; this is no time for jokes and sarcasm. This is $1.6 billion going somewhere for a project that the Minister said he does not know the numbers about. He does not . . . he cannot tell us how much it will cost us to get out right now. But I can, because I can go through other hi storical projects in other jurisdictions of similar size, similar timelines, and tell you approximately what is going on now. And if he cannot tell you the numbers, he cannot tell me that I am wrong. So how is that for sarcasm, Mr. Speaker? B ecause I am telling the truth and I am being real. No time for sarcasm in this industry. And do you know what, Mr. Speaker? Every time I start talking about something serious the Pr emier and the Minister of Finance always have to trot out some joke about something. They always think that things are a joke around here. Their administr ation is a joke, Mr. Speaker!
Bermuda House of Assembly An Hon. Member: Ooh.
Mr. W. Lawrence ScottThat is what is funny around here, their administration. What is funny is that they think they are going to win the next election. That is funny. So, Mr. Speaker, I go back to my main point. How is it that the Bahamas could have a Canadian contractor come in, …
That is what is funny around here, their administration. What is funny is that they think they are going to win the next election. That is funny. So, Mr. Speaker, I go back to my main point. How is it that the Bahamas could have a Canadian contractor come in, build their airport and only have to work out a five- year deal where they get paid but they do not own the airport? What happened is that they created the Airport Authority first and then had the Airport Authority hire the Canadian contractor which is way ba ck in March 2014, prior to the Minister signing the MOU on national TV, [and that] is what I was pr oposing. So how is it that Trinidad and Tobago did the same thing? Jamaica, the same thing? How is that all these different jurisdictions are building new airports, First World, first -class facilities, but yet they do not have to worry about the debt? Why? Once again, it was paid for out of the revenues generated. That is fine. But, at the same time the country and the taxpayers of that country maintain control of the airport for the duration of the contract. That is the important part. Also what happened, Mr. Speaker, it was put out to tender.
An Hon. Member An Hon. MemberWe know.
Mr. W. Lawrence ScottIt was put out to tender. So the person who came with the best bid is the one who got the contract. So if we want to talk about . . . earlier we were talking about how contracts and the Office of Project [Management and] Procur ement and all …
It was put out to tender. So the person who came with the best bid is the one who got the contract. So if we want to talk about . . . earlier we were talking about how contracts and the Office of Project [Management and] Procur ement and all of that is going to be involved. But how can they really be involved now when we already have a sole source deal? There is no way . . . even the Deloitte report showed glaring lapses and had reservations about the way that it is going around now. I wish, Mr. Speaker, that this Government would put the same emphasis, the same ener gy, and the same fortitude into improving our educational i nfrastructure, which is older than the airport, Mr. Speaker. Mr. Speaker, it is funny how they have money, they have $13 million to put into the . . . once again, it certainly was not going to cost us anything, but why has $13 million allocated for the airport which is su pposedly going to be rebuilt by Aecon? But yet, we have the crumbling infrastructure of our school sy stem. We are giving $77 million away to America’s Cup.
Dr. the Hon. E. Gran t Gibbons: Mr. Speaker, point of order. The Speaker: Yes.
POINT OF ORDER [Misleading]
Dr. the Hon. E. Grant Gibbons: The Honourable Member is grossly misleading the House. We are not giving away $77 million to the America’s Cup. He needs to re- look at some of those Ministerial Stat ements.
The SpeakerThe SpeakerThank you. Take that into account. Carry on.
Mr. W. Lawrence ScottOkay, Mr. Speaker. Multi -millions of dollars are going to America’s Cup when school budgets are being slashed. Schools are being looked at for closing. Hon. R. Wayne Scott: Point of order, Mr. Speaker. You know —
The SpeakerThe SpeakerHonourable Member, relax first. Relax first. Hon. R. Wayne Scott: I am nice and relaxed, Mr. Speaker.
The SpeakerThe SpeakerI know, yeah, yeah. Now you can speak. POINT OF ORDER Hon. R. Wayne Scott: Point of order. You know, this Government is putting the money forward to address the infrastructure that your Government did not do—
The SpeakerThe SpeakerAll right, thank you — Hon. R. Wayne Scott: —and we are addressing this—
The SpeakerThe SpeakerThank you, Honourable Member. Thank you. Hon. R. Wayne Scott: Hold on, hold on—
The SpeakerThe SpeakerNo, no, I am not holding on— [Inaudible interjections and general uproar ]
The SpeakerThe SpeakerYou have already made your point. Your point . . . take your seat, please. You made your point; your point is well taken. You made your point.
Mr. W. Lawrence ScottMr. Speaker, when all your . . . when your defence is nothing more than, Well, 1820 20 May 2016 Official Hansard Report Bermuda House of Assembly you could have done it, should have done it, would have . . . you have been . . . the buck stops …
The SpeakerThe SpeakerThat is it, Honourable Member. The Chair recognises the Honourable Member from constituency 15. And Honourable Member, I am going to tell you now we have had enough of the airport, okay? The airport is in the Public Accounts Committee. All right? So we have had enough of that. All …
Mr. Walter H. RobanThank you, Mr. Speaker. I have been informed by the Chairman of the Public Accounts Committee that the airport has not been referred to the Public Accounts Committee, Mr. Speaker. [Inaudible interjections and laughter ]
The SpeakerThe SpeakerThe airport . . . I have been dealing with the airport development project with reference to the airport, so that is enough about the airport right now.
The SpeakerThe SpeakerI have been very lenient, you know, with the Honourable Member, and also because I knew of the Honourable Member’s passion for it. So, carry on.
Mr. Walter H. Rob anWell, Mr. Speaker, guess what? Thank you for allowing me the opportunity to speak. But I speak about listening, I will speak about —
Mr. Walter H. RobanI will speak about accountabi lity. I will speak about mistakes. I will speak about fuzziness. [Inaudible interjection]
Mr. Walter H. RobanI will speak about . . . and I do not speak about whatever the Honourable Member Grant Gibbons wants to speak about. He can speak about it on his own time when he gets up. But I will speak about issues.
Mr. Walter H. RobanAnd listening, Mr. Speaker, it will be good if we could have a lesson about the OBA listening because what I have seen from the Gover n-ment is a lesson. And that lesson has b een one where I have seen anger, protests, frustration— [Inaudible interjection]
Mr. Walter H. RobanMr. Speaker, the Honourable Member who sits for [constituency] 27 does like to talk a lot. He talked a lot in his voluminous answers to parliamentary questions this morning, but he did not answer any questions. So I will continue about listening, because the OBA has definitely not been very …
Mr. Speaker, the Honourable Member who sits for [constituency] 27 does like to talk a lot. He talked a lot in his voluminous answers to parliamentary questions this morning, but he did not answer any questions. So I will continue about listening, because the OBA has definitely not been very good in teaching this country about listening, Mr. Speaker. I saw a process with Public Bodies Reform with the Hon ourable Finance Minister, which confirms the anger and frustration of civil servants who felt he was not listening. I witnessed that for myself. So, lessons in listening, Mr. Speaker, seem to be hard for the OBA. Mr. Speaker, I saw another lesson in listening from the OBA around issues concerning immigration. Actually, I have even seen lessons in listening around jobs too, because the public was presumably listening to the OBA when they made their promise in Decem-ber [2012] about 2,000 jobs. But the OBA has not been listening to the cries of the jobless who have not got any jobs, Mr. Speaker. So there have been lessons in listening which seem to have been hard on the OBA Government. Listening. Listening. I saw a lesson in listening from the OBA Go vernment on immigration, Mr. Speaker, in the month of March when on February 5 th, the former Minister made a declaration of what he intended to do which ultimately saw the people storm this House and close it down, Mr. Speaker, because they felt the Gover nment was not listening to them. We saw people come into this House, into the Gallery, and form a protest in response to a Government that they felt was not li stening. That, as we know, culminated with a five- day event around this House because they felt they were faced . . . and suffering under a Government that was not listening. And we have another project, and I am going to mention the airport, I am not going to talk about it, I am just going to deal with it around the issue of listen-ing. And my honourable coll eague who sits for constituency 24, Mr. Speaker, mentioned some of the facts which seem to indicate that the Government is not listening. Listening, listening. Accountability, Mr. Speaker, a word that this Government has spent a lot of time using. It is l ike a lexicon in their campaign and political dialogue with the country over the past three years. But if you have a substantial amount of the population frustrated and angry about how you are dealing with certain policies, if they are hearing that you are not prepared to di sclose things that a number of institutions in gover nment have asked for you to disclose, or even the pubBermuda House of Assembly lic has asked you to disclose, can that be said to be showing accountability, Mr. Speaker? Because I said [two] of the words I am going to talk about is listening and accountability. So this is about accountability I am talking about now. So what does the Government believe accountability means, Mr. Speaker? Does it mean talking to the Chamber of Commerce? Does it mean talking to ABIC [Associ ation of Bermuda International Companies ] or ABIR [Association of Bermuda Insurers and Reinsurers ]? Does it mean talking to the Rotary? Or does it mean talking to folks? I know what they think. Talking to their members, that is what accountability is, in a pr ivate meeting. Mr. Speaker, that is accountability. That is right. That is accountability. And publishing announcements about “members only ” is almost rem iniscent of the days pre- dating the ’68 Constitution when we used to see exclusive signs about other things.
The SpeakerThe SpeakerDon’t turn your back to the Speaker.
Mr. Walter H. RobanMr. Speaker, I am just panning the room. The Speaker: No, Honourable —
Mr. Walter H. RobanWell, like I was saying, it was reminiscent of my history lessons about what used to go on pre- 1968 about exc lusivity, Mr. Speaker, when public issues were concerned. It is amazing that when public issues are around that some can make it a “members only” thing, when the …
Well, like I was saying, it was reminiscent of my history lessons about what used to go on pre- 1968 about exc lusivity, Mr. Speaker, when public issues were concerned. It is amazing that when public issues are around that some can make it a “members only” thing, when the public does not feel that that organisation has actually been very accountable to them around those issues, and complained when they felt that the Government was not being accountable to them. So I often wonder what the definition of “accountability” is for the OBA. I guess it is also drafting legislation and then telling us later that they did i t, despite the fact that they told us that they were going to talk to us about it, saying in Throne Speeches we are going to have public consultation, but that does not happen because legislation just appears out of nowhere. I guess that is accountability. But, Mr. Speaker, I think the public has had enough time to understand the OBA Government. It has been three years. And in most, certainly within the Westminster process, that is a pretty long time, Mr. Speaker. That is most of one term. And by that tim e, Mr. Speaker, I think voters get a pretty good look at who you are, what you are about, what your intentions are, and what they can ex pect from you. Yes, Mr. Speaker , we got it, and Mr. . . . Honourable Trevor Moniz —
[Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair]
The Deputy SpeakerDeputy SpeakerIf you are looking, you will see that it is not “Mr. Speaker.” Thank you.
Mr. Walter H. Roban—Madam Deputy Speaker, and the Honourable Member, Trevor Moniz, who sits in constituency 9, said, We got it. Yeah; but he also got it too when he was in UBP and they lost in ’98. So he understands. He is not saying anything that is exclusive here, in experience. Most …
—Madam Deputy Speaker, and the Honourable Member, Trevor Moniz, who sits in constituency 9, said, We got it. Yeah; but he also got it too when he was in UBP and they lost in ’98. So he understands. He is not saying anything that is exclusive here, in experience. Most of the Members who sit on the front bench went through that experience— who now profess to be the OB A, right?
[Inaudible interjections ]
Mr. Walter H. RobanRight. They went through it. Most of them. Most of them were members, or sitting Members, or involved around the UBP at the time when they first lost their election. But that is a part of d emocra cy, Madam Deputy Speaker. Like Grant Gibbons who was the leader who …
The Deputy SpeakerDeputy Speaker“Honourable Member.” 1822 20 May 2016 Official Hansard Report Bermuda House of Assembly Mr. Walter H. Roban: The Honourable Member. He lost badly. Lost badly. Dr. the Hon. E. Grant Gibbons: Point of order,
Madam Deputy Speaker.
The Deputy Speakerthe deputy speakerPoint of order? POINT OF ORDER Dr. the Hon. E. Grant Gibbons: As I recall, 150 votes decided that election when you looked at the six constituencies. That is not “badly,” Madam Deputy Speaker.
Mr. Walter H. RobanMadam Speaker, when you have to go get on your feet and make 150 votes val uable, you lost badly, okay? [Laughter]
Mr. Walter H. RobanYou lost. You lost. The buck stopped with the Honourable Grant Gi bbons who was leader of the UBP in 2003. He lost. Lost. [Inaudible interjections ]
Mr. Walter H. RobanRight? Well, anyway, my point is about accountability and a Government that must, legislators who must . . . who seem to have a problem with accountability, the definition of “accountability”, understanding what it means, and certainly the public does not seem to gel with them when they deal with …
Right? Well, anyway, my point is about accountability and a Government that must, legislators who must . . . who seem to have a problem with accountability, the definition of “accountability”, understanding what it means, and certainly the public does not seem to gel with them when they deal with this issue. And I have named three issues which question the belief that this Government actually underst ands that meaning when it comes to the public. I think my honourable colleague here gave the Government some good advice. If you want to have the support of those who employ you, you listen to them. The majority of those who employ them are angry with th e Government, on particularly one issue. And I will not mention it, because we have been told by the Speaker that we cannot talk about it. [Laughter]
Mr. Walter H. RobanBut that is the fact. A poll has shown that. I have been here long enough to know how to work it, Honourable Member from [constit uency] 23. I know how to do that; I have been here long enough.
The Deputy SpeakerDeputy SpeakerMember, can you speak to the Chair and not to other Members in the House?
Mr. Walter H. RobanYes, Madam Deputy Speaker. I am just panning the room, like I said, you know. It is a big room. [Inaudible interjections and laughter ]
Mr. Walter H. RobanMadam Deputy Speaker, accountability. The majority of the employees are not happy with the employer . . . with who is work ing for them. Who they said is working for them. Those who have employed the OBA are showing displeasure in the majority around substantial issues. Are they listening? …
Madam Deputy Speaker, accountability. The majority of the employees are not happy with the employer . . . with who is work ing for them. Who they said is working for them. Those who have employed the OBA are showing displeasure in the majority around substantial issues. Are they listening? Are they accountable? Many people feel they are not. And perhaps the question is When is it too late? I do not know. I do not have a crystal ball, like the Honourable Finance Minister, so I cannot predict things.
[Inaudible interjection]
Mr. Walter H. RobanThe one you left over here, the Honourable Member, is cracked. He got a new one from somewhere else.
An Hon. Member An Hon. MemberIt doesn’t work?
Mr. Walter H. RobanIt does not work over here. We do not try to do predictions either. Only the Honourable Member from constituency 11 ever professed to have a crystal ball and could predict things. It would be like PLP . . . Honourable Madam Deputy Speaker, we do not try and predict. …
It does not work over here. We do not try to do predictions either. Only the Honourable Member from constituency 11 ever professed to have a crystal ball and could predict things. It would be like PLP . . . Honourable Madam Deputy Speaker, we do not try and predict. And it sounded like an Honourable Member who sits for [constituency] 27 was talking about people telling the truth. I think he needs to be very careful, about talking a bout people telling the truth. He needs to be very careful, because a lot of parents do not necessarily believe that that is coming from certain portfolios right now, about the situation with their children and the schools and what the Government commitment is to taking care of them and their schools. Some people are wondering if their child’s school is going to be closed tomorrow. I hope the Minster can tell them the truth about that when the time comes. I would hope that. The only person in the driver’s s eat right now is the Honourable Member who sits in [constit uency] 27. That is the Member who must tell the public the truth, if the Government has the courage to do it. And if they feel they are accountable to those voters to do it, whether it be on the ai rport, whether it be on education, whether it be on immigration, whether it be on anything that they are dealing with, all the grandiose plans that they put forth to this whole community about jobs, about the economy, about tourism. The public are demanding the truth, they are demanding accountability, they are demanding a Government that
Bermuda House of Assembly listens. And right now, it all seems in short supply coming from the Government, because I am not sure they understand the meaning of those words. That is why people were out in front of City Hall a couple of nights ago. That is why they were on this House five days in March. That is why they come to this House repeatedly to address this Government on issues, b ecause they do not feel they are listening, they do not feel tha t the Government is accountable, and that spells a Government that is on borrowed time. Three years gone; possibly somewhere around two years left, and the clock is ticking. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak on the motion to adjourn? Thank you. The Chair recognises the Deputy Opposition Leader from constituency 18. You have the floor.
Mr. E. David BurtThank you, very much, Madam Acting Speaker. Sorry, Madam Deputy Speaker. Same thing, right? [Inaudible interjections]
Mr. E. David BurtNo problem, I will recognise that. What I will say, Madam Deputy Speaker, is that from the position I hold as Chairman of the Public Accounts Committee, one must question as to whether or not the G overnment understands the value of oversight. And I think that oversight is something …
No problem, I will recognise that. What I will say, Madam Deputy Speaker, is that from the position I hold as Chairman of the Public Accounts Committee, one must question as to whether or not the G overnment understands the value of oversight. And I think that oversight is something that is very important inside of a parliamentary sy stem, and we just went through a debate which demonstrates the importance of oversight. And the Exec utive is supposed t o be held to account by the Parli ament. They are accountable collectively for decisions that are made for us here. And there are various committees of this Parliament which are supposed to exercise oversight. Now, we do not need to get into details of the matters which are going on. We know that the committee has requested documents, that the Speaker has requested documents and, to date, we do not have what has been requested. But I think it speaks to something more general. I think it speaks to the i ssues of openness, and it speaks to the issue of transparency. And it brings us to something that happened earlier today where we had a parliamentary question which was asked, where the Premier was asked r egarding what his own Government promised in his very ow n Throne Speech regarding the Code of Practice for Project Management and Procurement. What is a fact, Mr. Speaker, is that the One Bermuda Alliance Government was elected in D ecember 2012. We can all remember their pledges about openness. We can all rem ember their pledges about transparency. They were repeated ad nausea m. They were made in nice fancy ads, nice colour ads in the Royal Gazette, all over the Internet, dropped at people’s houses [stating] Our founding principles are transparency and integrit y. That is what we heard, Mr. Speaker.
An Hon. Member An Hon. MemberOnly words on paper.
Mr. E. David BurtYes. Only words on paper, because I can recall that the Minister of Finance, when we discussed the SAGE Report, when speaking about one of the recommendations that came from his very own committee which said that the SAGE Committee recommended that Parliament set up three additional oversight committees, the …
Yes. Only words on paper, because I can recall that the Minister of Finance, when we discussed the SAGE Report, when speaking about one of the recommendations that came from his very own committee which said that the SAGE Committee recommended that Parliament set up three additional oversight committees, the response from the Minister of Finance was, We have enough oversight as it is now. Well, I think the actions make it clear that there is not enough oversight. Because, Mr. Speaker, if there was enough oversight, then I do not believe that we would have the Auditor General stating, I wish to draw attention to the ongoing incidences of non-compliance with th e Government of Bermuda’s Financial Instructions. That is not written about a PLP Government, Mr. Speaker. That is written about the One Bermuda Alliance Government. And in committees of which I chair, which I am not going to get into details of, we have heard public officers say this Government is not following Financial Instructions on major capital projects. Now, Mr. Speaker, why do I go to the Office of Project Management and Procurement and the Code of Practice for Project Management and Procur ement? I go to it, Mr. Speaker, because we hear about what is in the courts and inside of Government and ensuring that lessons are learned. Our job here as representatives of the people is to continue to make progress and continue to make improvements. During the Progressive Labour Party’s time in office there was a strengthening [of the] independence of the Office of the Auditor General. We introduced the Office of Ombudsman. We introduced the Office of PATI. Oh, we hear the Minister Grant Gibbons whi spering in the ear of the Minister of Finance, giving him the notes about saying, We arrested the Auditor General. No one arrested the Auditor General, Honourable Grant Gibbons. You know full well, Honourable Grant Gibbons, that the Government does not have the powe r of arrest, and that lies with the Governor. But you can continue to say it, Minister, if you think it is going to be true. But those are not the facts. But let me continue, Mr. —
[Inaudible interjection]
Mr. E. David BurtWould you like to point of or der me, because I will yield? [Inaudible interjections] 1824 20 May 2016 Official Hansard Report Bermuda House of Assembly [Gavel]
Mr. E. David BurtThank you. You can go ahead and listen. You will have your chance to speak. Thank you, Mr. Speaker. Mr. Speaker, the Honourable Minister of (what are you today?) Economic Development will have his chance to speak if he wishes. But this is a very ser ious matter because I …
Thank you. You can go ahead and listen. You will have your chance to speak. Thank you, Mr. Speaker. Mr. Speaker, the Honourable Minister of (what are you today?) Economic Development will have his chance to speak if he wishes. But this is a very ser ious matter because I would like the Minister of Ec onomic Development, and I would like the Minister of Finance, when he gets up to respond, to give an ex-planation, give some coherent reason why a Gover nment which was elected on transparency, which was elected on integrity, some 40- something months after coming into office, still has not managed to produce a Code of Practice for Project Management and Pr ocurement. Do you rem ember the grand pledges about the Office of Contractor General? Well, what is this, technically? It is the Office of Project Management and Procurement. But this is the same department which, by the laws passed in this House, was given oversight of capital projects which were excluded from the negotiations of an agreement which was tabled in this House for a major capital project, Mr. Speaker. Now here is the rub, Mr. Speaker. That is not actually illegal. And do you know the reason why it is not illegal, Mr. Speaker? It is not illegal because the Government will not publish or release the Code of Practice for Project Management and Procurement. So here we have a conundrum, Mr. Speaker, of a Government that said they were going to come into office, as the Honourable Minister of Education says, to clean- up our mess (that is what he likes to say), 40something months [ago], after promising a Contractor General, after promising all sorts of financial reforms, [and they] will not publish a document which has been completed for over a year. What possible excuse can the Government have for not producing a Code of Practice for Project Management and Procurement? What possible excuse? We know that it has been produced, because civil servants talk. So before we get up and hear the responses about 14 years, before we get up and hear the responses about all of what we did, just give a very simple answer when you get up today. Tell the people of this country why you refuse to live up to the commitments of which you sa y your party was founded on transparency, on doing things better, and why you refuse to publish something which will give force to the Good Governance Act, why you refuse to publish something that will increase the level of financial accountability inside of this Government, why you refuse to publish something that will help to clean- up what the Auditor General refers to as, I wish to draw attention to ongoing incidences of non- compliance with the Government of Bermuda’s Financial Instructions , Mr. Speaker. That is the question that the people . . . is there a point of order? Okay. That is the question that the people of this country deserve an answer to, because if you are going to live by your word, then you should be held to your word. If you are not goi ng to have an office of Contractor General, and then you are going to say before the election that the Office of Project Management Procurement was not enough [but] then after the election it somehow is, but you are not going to give it the teeth to enforc e what is necessarily required, then give the people a reason why. Because I, Mr. Speaker, cannot imagine any reason that the Go vernment would not publish a document called for i nside of a Good Governance Act if the very Premier the other day said, We can work together on issues of Good Governance. Publish the document! You have it. You promised it many times. We heard the latest promise in your Throne Speech by the end of 2015. And the only reason that could be stated is if the Government publishes that document, then maybe they may have to live by it. Maybe they will not be able to give out no- bid contracts. Maybe they will actually have to listen to the Director of the Office of Project Management and Procurement which they do not do now.
Hon. Michael H. Dunkley: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Premier. POINT OF ORDER [Misleading] Hon. Michael H. Dunkley: The Honourable Member is misleading the House. That statement is incorrect.
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: If he would like to provide some information to clarify, I am happy to listen. But that statement is incorrect.
Mr. E. David BurtMr. Speaker, allow me to say this: The Good Governance Act states that the Director of the Office of Project Management and Procurement has oversight of all public sector procurement projects and pre- contract negotiations. If the Director of the Office of Project Management and Procurement was not involved in …
Mr. Speaker, allow me to say this: The Good Governance Act states that the Director of the Office of Project Management and Procurement has oversight of all public sector procurement projects and pre- contract negotiations. If the Director of the Office of Project Management and Procurement was not involved in the negotiation of the airport development agreem ent, then it would seem as though someone is not listening to the public officer charged under law for certain responsibilities. But that is okay. And the only reason that it is okay is because the Government, in possession of the Code of Practice, which has been prepared by civil servants, and has been sitting on a desk, refuses to put it on a we bsite, refuses to put it on that Table, and there can be
Bermuda House of Assembly no other reason why than they do not want to abide by the very rules that the public officers can check f or them to abide by, Mr. Speaker. There could be no other excuse, because if you are willing to abide by the rules, table the document. It has been far too long. If you want to lament about a culture, as we heard the Minister of Finance say, about non- compliance with Financial Instructions, then table the regulations and give the Good Gover nance Act the force of law. Because until the Gover nment does that, Mr. Speaker, then all of the bluster, all of the talk, all of this, we’re cleaning up your mess . . . you are not cleaning up anything, Mr. Speaker, because if you were cleaning up our mess, then we would not have to hear the Auditor General say, I wish to draw attention to the ongoing incidences of non-compliance with Financial Instructions. You are ena bling it to go on by not tabling what you promised. You are enabling it to go on by preventing the Director of the Office of Project Management and Procurement [to put] the things that he has put in place on the website. It is that simple, Mr. Speaker. So, what . . . pardon me, Minister? How much does it cost to put it on the website? I will tell you, Honourable Minister of Finance, how much it costs to put it on the website. If you pay the consultants through the nose, which you may do, it costs a whole lot of money. But if you get me to do it, I will log into your Drupal website and I will put it up there for free. Be clear. But it is that simple, Mr. Speaker.
[Inaudible interjection]
Mr. E. David BurtYou will have a chance to speak, Mr. Minister of Finance. And when you get up, please tell the people of this country why you refuse to pu blish a Code of Practice for Project Management and Procurement. Now, Mr. Speaker, I sincerely hope that when the Premier is writing …
You will have a chance to speak, Mr. Minister of Finance. And when you get up, please tell the people of this country why you refuse to pu blish a Code of Practice for Project Management and Procurement. Now, Mr. Speaker, I sincerely hope that when the Premier is writing his copious notes that he will get up and tell the people why. But I assume that he will ignore it and he will deflect. And he will give some answer like it is still under consultation. How can that be since it has had 40- something months to have consultation on a Code of Practice for Project Management and Procurement? The document has been completed for years, Mr. Speaker. Why have we not been able to see it? So, with that, Mr. Speaker, I will move on. How much time do I have, Mr. Speaker?
Mr. E. David Bur tSeven minutes and fifty seconds? Okay, Mr. Speaker. Here is what I will say. We heard a lot about listening, Mr. Speaker. And I would encourage the Honourable Premier to do so, because when I was returning from the Bermuda College graduation last night and I was listening to the …
Seven minutes and fifty seconds? Okay, Mr. Speaker. Here is what I will say. We heard a lot about listening, Mr. Speaker. And I would encourage the Honourable Premier to do so, because when I was returning from the Bermuda College graduation last night and I was listening to the Honourable Premier on the news report, he was hoping that the time in Parliament could be less acrimonious. Well, okay. That is fine. And we heard the Honourable Minister of Home Affairs say that she really wished that we woul d take into account how it feels to be falsely accused. All right, do not worry, Madam Minister of Home A ffairs. I know how it feels to be falsely accused be-cause I have been falsely accused by the very per-sons who were paid to write articles for the One B ermuda Alliance Members. I know what it is like. I know things about deceitful, and true to form, and messing with numbers, and we even heard the Premier talk about “Burt -math” that is his new thing. Which is perfectly fine, because as I told the Honourabl e Premier when he came over here, tell me the last time that I quoted something wrong [concerning] figures, b ecause I stand by them —
[Inaudible interjection]
Mr. E. David BurtOh, please. Go ahead. The Honourable Minister of Finance said, Today. I am h appy to yield to the Honourable Minister of Finance if he would like to tell me what I quoted incorrectly today. [Inaudible interjections ]
Mr. E. David BurtOkay. Mr. Speaker, once again we have the tourism numbers. And we heard a point of order from a former Minister and that is why he is the former Minister, b ecause the front bench did not listen to him. They did not listen to him then, and they did …
Okay. Mr. Speaker, once again we have the tourism numbers. And we heard a point of order from a former Minister and that is why he is the former Minister, b ecause the front bench did not listen to him. They did not listen to him then, and they did not listen to him today. But, Mr. Speaker, yet, I digress. Coming back to what I said.
[Gavel]
Mr. E. David BurtThe Honourable Premier said he was hoping that we could be less acrimonious. And that is a noble intent, Mr. Speaker. But to be less ac-rimonious [would mean] that the people of this country could actually believe that their representatives, whether they be on the backbench of the Government or …
The Honourable Premier said he was hoping that we could be less acrimonious. And that is a noble intent, Mr. Speaker. But to be less ac-rimonious [would mean] that the people of this country could actually believe that their representatives, whether they be on the backbench of the Government or be on the Opposition, who speak for those persons who they represent in their constituencies, their voices are actually being listened to and heard, Mr. Speaker. That is the most important thing. That is the way to reduce acrimony. And if he wants to reduce acrimony, Mr. Speaker, if the Premier wants to reduce acrimony, then why does he not tell the persons who write these wonderful statements that the Honourable Ministers and Members sign their names to, and then get them to apologise when they get the facts wrong, instead of taking accountability for their own actions, 1826 20 May 2016 Official Hansard Report
Bermuda House of Assembly why do they not call those people off? Why do they not say, Let’s raise the level of debate ? Why do they not say, Let’s discuss issues and ideas ? If the Premier wants to have less acrimony, then the Premier can be the one to set the tone on that, Mr. Speaker. That is the case. If he wants to set the standard, then we will see it. Or we will see if on Monday Gavin Shorto will write anot her article that Minister Richards (or someone else) can sign their name to. That is what it is, attacking someone over here for something which may, or may not, be true. If you want to raise the level of debate, Mr. Premier, do that, because I know that you may have challenges in controlling your Cabinet, but I am certain that you do not have challenges of control with the persons who are paid by the One Bermuda Alliance to write articles. So maybe you can give them directives on how to change that around, because I think that would be helpful. Now, Mr. Speaker, to close, it was very good to attend the Bermuda College graduation yesterday. There was one concern though. About 80 per cent of the graduates were female. This is something that we have to face. And I would posit that instead of [giving] $69 million of free electricity to a Canadian company, I would posit that that investment might be better made making sure that there are more black Bermudian, or Bermudian males graduating from Bermuda College.
An Hon. Member An Hon. MemberHear, hear.
Mr. E. David BurtBecause when we see robberies taking place in this country on a more frequent basis, we must think about the root causes of this. And the root causes come from lack of opportunity and lack of education. We have failed our children. And the “we” is a collective “we” from …
Because when we see robberies taking place in this country on a more frequent basis, we must think about the root causes of this. And the root causes come from lack of opportunity and lack of education. We have failed our children. And the “we” is a collective “we” from the United Bermuda Party to the Progressive Labour Party to the One Bermuda All iance. And until we realise that fact, we will not be able to fix the situation. And I just wish the amount of vigour that the Minister of Finance puts into defending the airport project, into defending a public/private partnership that started by costing us nothing to something that is going to cost us a whole lot, I wish that he would put the same priorities over making sure that we improve the education outcomes in our schools. I wish that he would put the same vigour into making sure that there are 50 per cent males graduating from Bermuda College as opposed to what we have right now, Mr. Speaker. We have iss ues to di scuss in this country, we have serious issues when people do not feel safe in their homes, do not feel safe in their community, and when business owners do not feel safe where they are. It is not a political football. We do not need to make it one. It is unfortunate that crime, in many instances, sometimes does become one. But one thing cannot be disputed, Mr. Speaker. If we do not tackle the root causes, as you know, Mr. Speaker, that problem will only get worse. We are reaping what we sow and we must come to grips with that. With that, Mr. Speaker, I wish on behalf of the Opposition all persons a wonderful Bermuda Day holiday. I hope that we are able to enjoy it. I hope that we are able to be festive, and I hope that we are able to remember and r eflect. But I hope that the libations and the swizzles will not detract us from the truth of what we have. And there is a crisis in the country that we have to deal with, and if we are not going to get serious about attacking the root cause of what is caus ing the situation, [it is] going to get worse and worse and worse. And that is something that I do not believe anyone in this House should accept. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Minister of F inance. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Just a few thoughts; I will not be long. I agree with the Honourable Member who just took his seat about I could not help but notice there …
The SpeakerThe SpeakerHono urable Member, just listen to the Minister, because he is agreeing with you. Just sit up and listen to him. Hon. E. T. (Bob) Richards: It is a rare event! [Laughter]
The SpeakerThe SpeakerCarry on, Minister. Hon. E. T. (Bob) Richards: I agree with him that it is a matter of concern. I was not at the Bermuda College graduation, but I did see the pictures. And I noticed that it was really hard to find any males. I think that is a …
Carry on, Minister.
Hon. E. T. (Bob) Richards: I agree with him that it is a matter of concern. I was not at the Bermuda College graduation, but I did see the pictures. And I noticed that it was really hard to find any males. I think that is a very serious problem. Mind you, it is becoming a world problem as well, and that is with universities in the United States, particularly, Canada and the UK, that the number of females is outnumbering the number of males in tert iary education in the developed world. It does not make it any less of a problem for Bermuda, but I do not think there is anyplace that I have ever seen where there is such an overwhelming number of women graduating from a tertiary institution relative to men. So I think it is a significant problem. I do not necessarily agree with the analysis of why people are committing armed robberies. But other people can speak to that with more authority than I.
Bermuda House of Assembly Just to reflect on some comments about transparency, first of all, there is this Act called the Public Access to Information, the PATI Act, which the PLP Government promulgated, but never put into action. This Government put PATI into action. We act ivated it. And the former Governor had a chance to activate it —
An Hon. Member An Hon. MemberPoint of order, Mr. Speaker.
The SpeakerThe SpeakerYes? POINT OF ORDER [Misleading] An Hon. Memb er: I do not believe . . . the Honourable Member is misleading the House. I do not believe the Honourable Minister is doing this intentionally —
An Hon. Member An Hon. MemberBut there was actually work going on from the time that the P ATI Act was passed to get it put into place. I think the Honourable Minister knows that there was substantial work that had to be done to get Government ready to facilitate what that Act r equired. …
But there was actually work going on from the time that the P ATI Act was passed to get it put into place. I think the Honourable Minister knows that there was substantial work that had to be done to get Government ready to facilitate what that Act r equired. It does not take one year; it took a number of years.
The SpeakerThe SpeakerAll right. Thank you. Hon. E. T. (Bob) Richards: I repeat, Mr. Speaker, they promulgated it, worked on it, but did not activate it. We activated it. And it is the single largest step t owards transparency, legislation towards that step that increases transparency, probably in the history of Bermuda, …
All right. Thank you.
Hon. E. T. (Bob) Richards: I repeat, Mr. Speaker, they promulgated it, worked on it, but did not activate it. We activated it. And it is the single largest step t owards transparency, legislation towards that step that increases transparency, probably in the history of Bermuda, right? Probably in the history of Bermuda. So I do not think it is a valid argument for Members of the other side to be waving a stick at us and talking about how we are not transparent. We are the ones that put this into action. If we were a Government that was trying to be opaque, we would have deep- sixed that thing, I can tell you, because unfortunately a whole lot of those PATI requests come to the Ministry of Finance. That is not surprising because everything in Government revolves around finance. So, the fact is that we are the ones who activated Public Access to Information. So any accusations of us not being transparent are just not true. We have taken the large step here to allow the public to ha ve access to any public authority. Mind you, that access is not unli mited. It cannot be unlimited. It has limitations. And we will see what those limitations are through practice. But it is a giant step that we have made in transparency and it should not b e ignored by the public, and I will not stand here and allow the Opposition to just make accusations that just are not true. The things that the Honourable Member who just took his seat was talking about, pales in compar i-son to PATI . . . pales in comparison t o PATI. Now, this is one of two things I would like to say. I did not get up and make a point of order on this when the Honour able Member said it, but is not true. He said that somebody, the Accountant General . . . he did not mention the name but he said a public official said that the Government was not adhering to Financial Instructions. And I presume he meant as related to airport redevelopment. That same individual came back to the Public Accounts Committee and recanted that testimony. So it was publis hed in the newspaper verbatim. So they keep putting this out there that he said this thing, and he recanted it. So, again, it is misleading the public, which is something they are pretty good at, because that Honourable Member got up and said in front of a bunch of people in a public forum that A econ was going to sell their airport , right? Well, you cannot sell what you do not have, particularly as it relates to airports. You can do it with a securities market, but you cannot do that with a physical asset. You cannot sell what you do not have. That airport will always belong to the people of Bermuda. So they cannot sell our airport. That is just a total falsehood. So, you know, par for the course. I asked (interpolating) the Honourable Member when he was talking about the Auditor General’s comments about Financial Instructions, I asked him how much did that cost. And he, I guess, did not understand the question I was asking. The question that I was asking was that during the PLP administration there were gross breaches in Financial Instructions. Those breaches of Financial Instructions cost the Government of Bermuda millions. And I was asking him whatever breaches in Financial Instructions that happened under this administration, how much have they cost th e people of Bermuda? Because we have reduced the expenses of this Government year after year. We have cut the deficit year after year. We come in under budget year after year. So, how much are these breaches of Financial Instructions costing the Bermuda people? There may be breaches, but they are not cos ting the Bermuda people anything , all right? They may just be theoretical breaches. But they are not things that have cost the people of Bermuda any money in a material fashion. That is completely different from when I sat as Chairman of the Public Accounts Committee and we saw these breaches of Financial I nstructions that were costing Bermudians millions. That is the difference, Mr. Speaker, between base and empty rhetoric and real analysis. That is the di fference. You have to see what effect it is having on peo-ple. And our record has been good in terms of good stewardship in terms of the people’s money. Our record has been good. It has not been perfect, but it has been good. And if you compare our record to a former Government’s record . . . well, as they say, there is no comparison. There is no comparison. So 1828 20 May 2016 Official Hansard Report
Bermuda House of Assembly you can get up and talk about these things and be high-minded, and all that is good. It all makes for a very good- sounding speech. But when the rubber meets the road on these things, you have to ask the question, What effect is it having on the Bermuda people? How much is it costing? And our record overall has been good. The two points that I want to make are that we have moved the transparency need le from zero to 60—more than any other Government in the history of this country. So any charges against us that we are not transparent are just clearly false. And as for breaches in Financial Instructions, yes, I put up my hand. There are still breaches of Financial Instructions going on. But we have not breached Financial Instructions as it relates to the ai rport development. That is for sure, all right? Any other breaches that have taken place, may have taken place. But, Mr. Speaker, in terms of dollars , it is not costing the Bermuda people any material money at all because our costs are down—
The SpeakerThe SpeakerYes, Honourable Member? POINT OF ORDER [Misleading]
Mr. E. David BurtThe Honourable Minister is misleading the House. The Accountant General came to the Public Accounts Committee and said the Gover nment was not following instructions and wrote to the Government. In addition, if the Honourable Minister says we are losing no money, why is there a $30 million line item …
The SpeakerThe SpeakerMinister? Hon. E. T. (Bob) Richards: The $30 million line item in the Budget Book has nothing to do with this. These are Financial Instructions. The Accountant General sai d that, then he came back the next time . . . they brought him back, and he said . . …
Minister? Hon. E. T. (Bob) Richards: The $30 million line item in the Budget Book has nothing to do with this. These are Financial Instructions. The Accountant General sai d that, then he came back the next time . . . they brought him back, and he said . . . he admits that we are not breaching Financial Instructions. That is what he said. So, you know, he says he did not say it. It is true. So, you know, he recanted his pos ition. They do not want to admit that. You know, it is called s elected memory. In any case, Mr. Speaker —
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER
Mr. E. David BurtThe Honourable Accountant General did not recant his position. The Honourable A ccountant General said they are working through it. The facts remain that the Accountant General wrote to the Minister of Finance, said that he felt that this was a separate sole sourced opportunity and he was not replied …
The Honourable Accountant General did not recant his position. The Honourable A ccountant General said they are working through it. The facts remain that the Accountant General wrote to the Minister of Finance, said that he felt that this was a separate sole sourced opportunity and he was not replied to by the very Ministry that went ahead with the contract without the approval of the person who needs to give that approval, Mr. Speaker. That is a violation of Financial Instructions.
The SpeakerThe SpeakerMinister? Hon. E. T. (Bob) Richards: Mr. Speaker, that stat ement is as true as the statement he made to the public that we are going to sell the airport. An Hon. Minister: Ooh! Hon. E. T. (Bob) Richards: All right? It is as false. Well, it is as true …
Minister?
Hon. E. T. (Bob) Richards: Mr. Speaker, that stat ement is as true as the statement he made to the public that we are going to sell the airport.
An Hon. Minister: Ooh!
Hon. E. T. (Bob) Richards: All right? It is as false. Well, it is as true as that too. All right. It is as true as that statement that he said that they are going to sell the airport.
The SpeakerThe SpeakerYes? POINT OF ORDER [Misleading]
Mr. E. David BurtWould the Honourable Minister of Finance please inform the public and inform me when I said that we are going to sell the airport, or you are going to sell the airport, please? Hon. E. T. (Bob) Richards: I saw it on television. [Inaudible interjections and laughter ] Hon. E. …
Would the Honourable Minister of Finance please inform the public and inform me when I said that we are going to sell the airport, or you are going to sell the airport, please?
Hon. E. T. (Bob) Richards: I saw it on television.
[Inaudible interjections and laughter ]
Hon. E. T. (Bob) Richards: That is right. I saw it on television.
An Hon. Member An Hon. MemberYour glasses were fuzzy. Hon. E. T. (Bob) Richards: My glasses are fine. The Honourable Member told a crowd of people that Aecon was going to sell the airport, all right?
The SpeakerThe SpeakerAll right. Thank you. Yes? Hon. E. T. (Bob) Richards: Mr. Speaker, that Honourable Member is just not telling the truth—
The SpeakerThe SpeakerHonourable Member, let me just say this. One person saying one thing, somebody else is saying the other — Hon. E. T. (Bob) Richards: Check the video.
The SpeakerThe Speaker—so just carry on. Hon. E. T. (Bob) Richards: Go on Bernews and check the video, see what he says , all right? [Inaudible interjection] Hon. E. T. (Bob) Richards: So it is just . . . you know, the Honourable Member has a long track record of just not …
—so just carry on.
Hon. E. T. (Bob) Richards: Go on Bernews and check the video, see what he says , all right?
[Inaudible interjection]
Hon. E. T. (Bob) Richards: So it is just . . . you know, the Honourable Member has a long track record of just not telling the truth. And this is one of the most recent examples. So anyway, Mr. Speaker, that is all I have to say. That we are transparent, the [breaches in] Financial Instructions have not cost the Bermuda people money which is the most important thing. That is what Financial Instructions are there for, to make sure there is no waste of money, to make sure that people are accountable. And I admit we have a long way to go with accountability in this Government. We have a culture of non- accountability. But at least it is recognised at the highest levels of this Government and we are trying to do something about it. And that is the first time it has been recognised officially. Thank you.
The SpeakerThe SpeakerThank you. The Chair recognises the Honourable Member . . .you fellows don’t want to go home tonight obliviously. [Laughter] Hon. Michael J. Scott: I am going to be really brief on this. The Spe aker: Thank you, Honourable Member, I would appreciate it. Hon. Michael J. Scott: Mr. Speaker …
The SpeakerThe SpeakerI am sorry, I did not recognise you. It is the Honourable Learned Member from constit uency 36, MP Michael Scott. Hon. Michael J. Scott: Thank you, Mr. Speaker. It is with great intensity that I listened to the Acting Leader of the Opposition and Shadow Minister of Finance persist …
I am sorry, I did not recognise you. It is the Honourable Learned Member from constit uency 36, MP Michael Scott. Hon. Michael J. Scott: Thank you, Mr. Speaker. It is with great intensity that I listened to the Acting Leader of the Opposition and Shadow Minister of Finance persist with this Government, both putting questions to the Member, and my Finance Minister who has just taken his seat, and to the Premier, as to why in the face of speeches about the culture of F inancial Instructions, breaches in the face of all of these concerns and with the most probing and simple of questions, why have these regulations not been tabled that have been in exist ence for 40 months, why have we not heard the Minister of Finance in the last 30 minutes in his speech, Mr. Speaker, say why they have not done so? The people wish to know this. The Code of Practice needs to be tabled, and he did not answer that question.
The SpeakerThe SpeakerThank you, Honourable Member. Everybody is going to speak tonight. I am ready to put the gavel down; I might as well let you all know. [Inaudible interjections and laughter ]
The SpeakerThe SpeakerThe Chair will recognise the Honourable Minister of Public Works. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I will be brief as well. I want to hit three subjects that we talked about here, and number one, as we just ended off with, and that is accountability. You know …
The Chair will recognise the Honourable Minister of Public Works. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I will be brief as well. I want to hit three subjects that we talked about here, and number one, as we just ended off with, and that is accountability. You know Financial Instructions do ex ist. You do not need a Code of Practice in order to follow the guidelines that are already in place, per se. You know, accountability has to come to each and every one of us. We talked about a tone of being acrimonious. We talk about setting a tone here in the House with one another. But why do we not take responsibility for ourselves? No one in this room has to set the tone of responsibility. Set it for yourself. You know, we sit in this House and we listen to one another and we hear all kinds of aspersions cast back and forth. I remember a colleague once saying politics is not about the truth, but it is about a good story. And every time we meet and I sit and I listen and I keep as quiet as possible, because I like to listen. As the Honourable Member from the Oppos ition said, listening is good. So I have listened tonight. And I have heard things like “transparency” thrown out there. But, if they were listening very closely, the Honourable Member from constituency 5, clearly said that one of their former Pr emiers was not transparent with [them]. In Cabinet —they were not transparent with 1830 20 May 2016 Official Hansard Report
Bermuda House of Assembly one another! So I am listening very closely to what is going on. So, the tone of responsibility must be on ourselves. If the Honourable Acting Opposition Leader wants to get up and talk about taking responsibility and the like, this acrimonious way going forward, then you take it for yourself and set the tone. He also talked about how he has received comments from the Government, as he is the Opposition, and how things have been said that may not have been quite nice. We all have families. That is redundant. So take r esponsibility for yourself! And set the tone for yourself. Do not get up here preaching to everybody else, when you are not following your own preaching. It is you as an individual . . . each person here is a leader. That is why you are here. So you do not have to wait for somebody else. Set it for yourself. I continued on to listen to Honourable Members getting up here and talking about quoting polls as if it is a finality or that it is a conclusion. We all know that in 2012 just before the election there were a lot of polls saying that the PLP were going to win, but they did not. So you cannot get up based on a poll and say, Well, hey, you know, 75 per cent of people of Bermuda disagree with something. You do not know that for a fact. It is a poll! So we have to take responsibility for ourselves, Mr. Speaker. And then I think about, you know, I was liste ning very, very closely, where they talked about civil servants do talk . We are the Government now and guess what, they talk! They actually talk!
Some Hon. Members Some Hon. MembersThey talk! Hon. L. Craig Cannonier: They actually talk! So they did not just start talking in 1998; they are talking now. They are continuing to talk. So I go back to the theme I am saying here, take responsibility for yourself. I have a whole lot that I would …
They talk!
Hon. L. Craig Cannonier: They actually talk! So they did not just start talking in 1998; they are talking now. They are continuing to talk. So I go back to the theme I am saying here, take responsibility for yourself. I have a whole lot that I would l ike to say about the aspersions and fals ehoods casted on me. But I do not, because I take r espons ibility for myself. So when I hear c omments about, you know, ProActive being fired, well, you know what? I am going to be frank with you. We fired a black firm and hired a white firm. Mmm. Nobody said anything when things went wrong up at Dockyard with the dock. The contractor still got h is money. He did not get fired, with all kinds of change orders. We can go to the golf course and see how it was overspent, nobody got fired. So stop throwing all these things back and forth. And, by the way, those firms I just mentioned are all white fi rms, okay? Where is ProActive today? Where are they? They are looking for a job. It certainly was not this Government who fired them. And you want to talk about transparency back and forth. I would be very, very careful going forward from today. I thought that the tone that was sent was wonderful. I felt for the Honourable Member from constituency 5. If that did not grip us, I do not know what will. But if it does not from this day forward, you can count on me getting up and talking because civil servants a re tal king. So take responsibility for yourselves, both the Government and the Opposition, because it is going to continue if you do not. And you might not like where it ends up. If you listened very carefully tonight to the things that were said, I would say to the Opposition, be very careful, because you might not like where this ends up. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Chair recognises the Honourable Member from constituency 3.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. I, too, will be ver y brief. But I feel compelled to stand and reiterate the question or point that was made regarding the Code of Practice for Project Management and Procurement. And I will say again, as a parliamentary officer and member of the Public …
Thank you, Mr. Speaker. I, too, will be ver y brief. But I feel compelled to stand and reiterate the question or point that was made regarding the Code of Practice for Project Management and Procurement. And I will say again, as a parliamentary officer and member of the Public Accounts Committee, I think that it is important that a document like that, which will help with a division of government, [has the] the teeth which are needed to ensure that we get compliance and should be put in place as soon as possible, be-cause I believe that as officers of this House we really do want to make certain that we do the right thing and do it in the interest of Bermuda. So, I cannot understand why a document which has been drafted, put together, has not been presented so that we, as parliamentarians, are able t o properly and adequately hold people to account when needed. So I would like to ask the Premier if he will, in his capacity, ensure that hopefully we do see that document in very short order. That is all I have to say,
Mr. Speaker.
The SpeakerThank you, Honourable Member. The Chair now recognises the Honourable Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, we are back in the House, and so the politics back and forth have started on educ ation, the airport, America’s Cup, and w e keep going over and …
Thank you, Honourable Member. The Chair now recognises the Honourable Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, we are back in the House, and so the politics back and forth have started on educ ation, the airport, America’s Cup, and w e keep going over and over and over these issues, all trying to score political points. And, Mr. Speaker, all of that is good as we try to fill time in the House. But at the end of this session we have to find a way to move forward. And so I am sitting her e with my colleagues and I li stened very intently through this motion to adjourn to some of the comments that have been said. And I just want to touch on some of them, because I think it is important at the end of this debate just to put a few markers down and state the facts. I know you do not want to talk about the ai rport, but I just want to reiterate again, Mr. Speaker, no
Bermuda House of Assembly one is giving anything away. I will repeat it for clarity: No one is giving anything away. We are not giving away Bermudian opportunity, we are not giving away Bermudian ownership, we are not giving away Bermudian jobs, we are not giving away our birthright, and certainly we do not own airlines, and we are not giving away airline tickets, Mr. Speaker. In education, Mr. Speaker, both s ides want to talk about what we are doing. But the fact of the matter is we have an educational system which has some great students in it. We see some fantastic results. But at some time, as leaders in the country who are elected to serve, we have to cut past the politics. I heard one of the Members on that side say we need to get more young black males involved in higher education because we did not see them at the gradu ation yesterday. I went to the graduation. I was impressed by the dedication of all of those there. I was impressed by those who got the dual accredit ation at that time. And yes, we need to get more young males and young black males involved in that. But I am not hearing the solutions coming from the other side on how they want to do it. An d it comes, I think, from the leadership when we stop arguing back and forth about who created the problem. We have to stop with who created the problem. Let us look at the school infrastructure. The Minister of Education needs to be given the credit for making sure that the SCORE report was done. But as soon as it is released people want to castigate him and say, The schools are falling apart, what are you going to do? Give the Minister of Education credit for going in and getting a thorough overview of what has been done and coming now and saying, This is how we’re going to fix it, and I will give you updates. But yet we want to try to beat him up for political points. All the while our children are going to suffer if we do not get it right. Mr. Speaker, America’s Cup. I hear the Opposition continually say how they support the America’s Cup. But every time they think it is expedient to put a little jab in there one way, they go to America’s Cup, saying you can spend this on America’s Cup, but . . . but, but. And the Honourable former Attorney General says it is fair game. It might be fair game if you want to score political points, but it is not fair game for the future being of all Bermudians. You have people, because they listen to what you say without s ubstantiating what you mean by it, starting to doubt the opportunity that is provided by the America’s Cup being in Bermuda, the opportunity that goes throughout our community, and the opportunity that will kick into high gear every month as we move forwar d to May of 2017. There is no one pill to cure everything we have. There are a lot of different pieces to this puzzle that have been in place. And, yes, we have a difficult job, and we are not giving up anything. Now, Mr. Speaker, I take strong exception to Honourable Members on that side who want to question the reason for the Code of Practice not being put out in the timeframe that was stated. Why do I take strong exception? For a number of reasons. One, that department falls under the Cabinet Office. So I have direct oversight and I answer for that. Two, if som ebody is going to question my integrity in doing som ething like it, bring facts. Do not stand up strong and puff out your chest and shout loud and make accus ations without facts behind it. I gave explanations this morning. I answered the questions straight up. I gave a commitment with what I want to do, and here we are, 10 or 11 hours later, going back over that ground. My commitment stands. As soon as it goes to Cabinet, as soon as it is ready it w ill be on the portal. And what was the reason I gave this morning? Because we wanted to ensure there was thorough consultation. And I do not want to hear, Well, civil servants talk. Of course they talk. But I am talking to them every day about moving it f orward. So those same civil servants who might have been talking to those Honourable Members on that side, ask them some questions. Go back and ask them, Is the Premier or any colleague in Cabinet holding it up? Come back and tell me the answer next week. That is something I challenge the Opposition to do. Is the Premier or any Member of Cabinet holding that up? I said consult ation throughout the department and through Chambers. And give me that answer. And that answer is going to be, no. So I take strong exception to that. Now, in regard to PATI, Mr. Speaker. One of the first things I did when I became Premier was make sure PATI was completed. I do not have one iota of time for any Member on that side who says that we started PATI and we were close to getti ng it done because you could have gotten it done. There has been no greater achievement in transparency in the last 20 years in Government than putting PATI in place. So if you want to say we are trying to hide stuff, we are not being accountable, we are not listening, we are not being transparent, then that is nonsense, b ecause the record proves otherwise. Mr. Speaker, I heard an Honourable Member on that side say, Robbery is more frequent. Nonsense! Now, before I prove that nonsense wrong, let me say th at one robbery is too much. One robbery is too much, Mr. Speaker, and we can do better than we are doing now. The police need our help and support in doing this. We need to be more vigilant. Everyone who knows something should say something. But the facts are this, Mr. Speaker. The facts are these: From 2010 to 2012 there were 243 robberies (a three- year period); from 2013 to 2015 there were 107. Robberies have gone down by 44 per cent. So do not play numbers on me because those are the facts. And I will t ake a point of order if there is one there, but there will not be because that is the truth. But one robbery is too much. One robbery to a small 1832 20 May 2016 Official Hansard Report
Bermuda House of Assembly business, to innocent bystanders, or to somebody who is working hard to put food on the table, pay the bills to put the children through schools is too much, and we will do everything we can. So let us not play politics with crime or numbers that do not add up. Now, Mr. Speaker, before I bring my comments to a close, let me say one other thing. Through this debate tonight, talking about the Public Accounts Committee and the motion and all that, I did not hear one Member on that side, while they complained generally about the civil service and not being able to hold them accountable, not one Member has asked the ques tion, What about the Throne Speech pledge of PSC regulations on accountability? I find that quite extraordinary. Well, I will tell you here tonight, Mr. Speaker, that very soon those PSC regulations will come into effect and that will put accountability s tandards in for the CS right to the PS, and that will be a big improv ement on accountability and transparency in the senior levels of the civil service. And I believe it will be sup-ported by the senior levels of the civil service. That is the commitment we make and that is the commitment we will deliver. So, Mr. Speaker, setting the record straight to close this first sitting in the summer, I would like to take this opportunity to wish you and all colleagues and the people of Bermuda a very happy May 24 th . The weather does not look that promising at the pr esent time, but I am sure there is the potential it can change. I hope people enjoy the weekend and the holiday. Travel safe. If you drink, don’t drive. Look out for your neighbour. Listen to people. Have a good time. I intend to have a great time, starting early watching the race up in Somerset and then through the rest of the day with the parade. So, Mr. Speaker, I look forward to seeing ev erybody out and about and enjoying our culture, and our Bermuda Day. Thank you, very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Premier. Ten-thirty, not too bad, right? The House is now adjourned to Friday, May 27 th. [Gavel] [At 10:30 pm, the House stood adjourned until 10:00 am, Friday, 27 May 2016.]