The SpeakerThe SpeakerHonourable Members, good morning.
Some Hon. Members Some Hon. MembersGood morning.
The SpeakerThe SpeakerThe Minutes of the 7th, 9th and 11th are deferred. MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerYes, Honourable Members. First, Ho nourable Member L. K. Scott, from constituency 30, and Member . . . Honourable Members will note the Speaker is standing. Will you move quickly to your seats? Move quickly to your seats. [Pause]
The SpeakerThe SpeakerHonourable Member, the Speaker is on—his —feet! [Pause]
The SpeakerThe SpeakerI will repeat that. Honourable Member, L. K. Scott, from constituency 30, and Honourable Member Z. De Silva, from [constituency] 29, are a bsent. Honourable Members, Monday, March the 14 th, 2016, was a historic day in our country. It saw thousands surround the House of Assembly and pr event …
I will repeat that. Honourable Member, L. K. Scott, from constituency 30, and Honourable Member Z. De Silva, from [constituency] 29, are a bsent. Honourable Members, Monday, March the 14 th, 2016, was a historic day in our country. It saw thousands surround the House of Assembly and pr event Parliamentarians from entering the building. Parliament could not meet. I spent the entire day with MP Bascome and the parliamentary staff locked in the building. All day my attention was drawn to my cr edenza and the photo of my daughter, son- in-law, and their children, my grandchildren. I spent the day r eflecting upon our history and considering the future of my grandchildren and all of Bermuda’s young people. It was troubling. On Tuesday, I reached out to all sides to urge that they move forward quickly to break the impasse. The deadline to pass the Budget was getting tighter and tighter. I was not prepared to reconvene this House until the impasse was resolved. I am grateful; I am gratified that we are here today to pr oceed with the people’s business. The agreement is a real achievement of courage and compromise. And I congratulate all who co ntributed in whatever capacity to bring us to this day, and the House can sit and proceed with the people’s business. Therefore, Honourable Members, the first O rder of our business this morning is to allow the Go vernment to withdraw the Bill entitled the Bermuda I mmigration and Protection Amendment Act 2016, which is in the name of the Junior Minister, Sylvan Richards. And so, Honourable Members, I turn now to the Junior Minister of Home Affairs, Sylvan Richards, of constituency 7.
SUSPENSION OF STANDING ORDER 14
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker, and good morning. Mr. Speaker, I seek your indulgence to suspend Standing Order No. 14, the Order of Business, to enable me to withdraw the Bill entitled the Bermuda Immigration and Protection Amendment Act 2016.
The SpeakerThe SpeakerAre there any objections to this? [Motion carried: Standing Order 14 suspended.]
The SpeakerThe SpeakerHonourable Member, please carry on. BILL DISCHARGE AND WITHDRAWAL OF BILL [Standing Order 48] BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2016 1542 21 March 2016 Official Hansard Report Bermuda House of Assembly Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Under provision of Standing Order 48, I move that …
Honourable Member, please carry on.
BILL
DISCHARGE AND WITHDRAWAL OF BILL [Standing Order 48]
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2016
1542 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Under provision of Standing Order 48, I move that the Bill entitled the Bermuda Immigration and Pr otection Amendment Act 2016, listed as item 11 on the Orders of the Day, under my portfolio, be discharged and withdrawn.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThe Chair will first recognise the Ho nourable Premier. Premier Dunkley. Hon. Michael H. Dunkley: Good morning, Mr. Speaker and colleagues.
The SpeakerThe SpeakerGood morning. INFORMATION COMMISSIONER’S REPORT 2015 Hon. Michael H. Dunkley: Mr. Speaker, I have the honour to attach and submit for the information of this Honourable House of Assembly the Information Commissioner’s Report 2015. Thank you, sir. The S peaker: Thank you, Premier. The Chair will now recognise the Honourable …
Good morning.
INFORMATION COMMISSIONER’S REPORT 2015
Hon. Michael H. Dunkley: Mr. Speaker, I have the honour to attach and submit for the information of this Honourable House of Assembly the Information Commissioner’s Report 2015. Thank you, sir.
The S peaker: Thank you, Premier. The Chair will now recognise the Honourable Minister of Finance, the Honourable E. T. Richards. Hon. E. T. (Bob) Richards: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. FEES AMENDMENT (NO. 2) REGULATIONS 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, with the Governor’s recommendation and in accordance with section 36(3) of the Bermuda Constitution, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Government Fees Amendment …
Good morning.
FEES AMENDMENT (NO. 2) REGULATIONS 2016
Hon. E. T. (Bob) Richards: Mr. Speaker, with the Governor’s recommendation and in accordance with section 36(3) of the Bermuda Constitution, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Government Fees Amendment (No. 2) Regulations 2016, proposed to be made by the Minister of Finance under the pr ovision of section 2 of the Government Fees Act 1965.
The SpeakerThe SpeakerAll right. Thank you very much, Mini ster. I think you have a second? PENSION COMMISSION REPORT 2010 Hon. E. T. (Bob) Richards: Yes, sir. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Pension Commission Report 2010.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Minister for Economic Development. Minister, Dr. Gibbons, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and good morning.
The SpeakerThe SpeakerGood morning. LIQUEFIED NATURAL GAS (LNG), VIABILITY OF IN BERMUDA REPORT 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 Viability of Liquefied Natural Gas (LNG) in Bermuda Report.
The SpeakerThe SpeakerThank you. Dr. the Hon. E. Grant Gibbons: The second one?
The SpeakerThe SpeakerYes, that is right, Dr. Gibbons. (Sorry.) As the acting Minister of Tourism, you have a second communication. HOTELS CONCESSION (TUCKER’S POINT HOTEL AND RESORT) ORDER 2016 Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Spea ker. Mr. Speaker, I have the honour to attach and submit for the …
Yes, that is right, Dr. Gibbons. (Sorry.) As the acting Minister of Tourism, you have a second communication.
HOTELS CONCESSION (TUCKER’S POINT HOTEL AND RESORT) ORDER 2016
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Spea ker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016, proposed to be made by the Minister of Tourism, under the provision of s ection 3 of the Hotels Concession Act 2000. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you very much, Minister. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerThe Chair will recognise the Minister of Finance. Bermuda House of Assembly MORGAN’S POINT LIMITED , GOVERNMENT GUARANTEE Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, in accordance with section 2AA(3) of the Government Loans Act 1978, I rise this morning to inform this Honourable House of …
The Chair will recognise the Minister of Finance.
Bermuda House of Assembly MORGAN’S POINT LIMITED , GOVERNMENT GUARANTEE
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, in accordance with section 2AA(3) of the Government Loans Act 1978, I rise this morning to inform this Honourable House of the ex ecutio n of various government guarantees on behalf of the Morgan’s Point Limited in relation to the financial close for the construction of the new hotel and con-dominium project at Morgan’s Point, to be branded and managed as a member of the Ritz -Carlton Hotel and Residences brands. This is indeed a historic pr oject in many ways, with many “firsts”: 1. first major productive reuse of former base lands; 2. first major hotel project financially supported by Government; 3. first ultra -luxury brand for Bermuda; 4. first absolutely new hotel project to be successfully financed in over a generation; 5. first major hotel project supported by intern ational business.
Mr. Speaker, it is particularly noteworthy that the principals of Morgan’s Point Limited, Messrs. Christensen, Hunt and Duperreault, are all Bermudi-ans who have persevered through a long and frustrat-ing journey to get this far. Their efforts are most co mmendable. Mr. Speaker, as previously announced, the Government has supported the financing of this pr oject by committing to provide a guarantee of up to $165 million for a project cost of around $400 million. Government has also helped to enable this very pr oductive reuse of the former naval operating base by spending in excess of $18 million to remediate the property . Mr. Speaker, this support is tangible evidence of Government’s commitment to the redevelopment of the tourism sector. We reiterate our belief that there are many factors surrounding the decline in our oncepre-eminent industry. One of the key factors is the investment piece: the ability to promote a value proposition for investors in Bermuda hospitality. The financial closing for this project is real -world success in that objective. Mr. Speaker, this project will provide jobs for Bermudians in the construction phase, as well as jobs for Bermudians once the facility becomes operational. Mr. Speaker, the guarantees provide that the Government cannot be legally required to fund more than $165 million to repay the lenders if Morgan’s Point Limited is unable to perform their obligations to the lenders. The financing being guaranteed is pr ovided under separate groups of loans, each maturing in five years, with two one- year options to extend. Three of the loans have been provided by Bermuda-based reinsurance companies, and another is pr ovided by a US -based construction lender. Mr. Speaker, I am pleased that Bermudabased reinsurance companies have shown confidence in the project and the tourism sector, and Government is delighted that they could assist in making this ha ppen. Mr. Speaker, it is also important to note that the Government will be compensated for providing the guarantees, and the guarantee agreements include conditions typically included in non- affiliated financial guarantees. Mr. Speaker, I am confident this financing will ensure that this development will turn a brownfield site into a stunning new resort and marks one more step, but a major step, along the journey back to success for our tourism sector. Mr. Speaker, lastly, I would like to thank all those whose hard work has enabled us to get this far, especially PS Richardson, FS Manders, Mr. Andy Burrows, Minister Gibbons, the Attorney General in his former guise as Minister of Public Works and, of course, the former Minister Crockwell. Thank y ou, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. The Chair will now recognise Dr. Gibbons. LIQUEFIED NATURAL GAS (LNG), VIABILITY OF IN BERMUDA Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, just a few minutes ago, I tabled in this Honourable House a report titled Viability of Liquefied Natural Gas …
All right. Thank you. The Chair will now recognise Dr. Gibbons.
LIQUEFIED NATURAL GAS (LNG), VIABILITY OF IN BERMUDA Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, just a few minutes ago, I tabled in this Honourable House a report titled Viability of Liquefied Natural Gas (LNG) in Bermuda. This report was prepared by energy consultants at the request of the Ministry of Economic Development. This report is yet another in the series of energy -related reports that I will table for the information of Honourable Members in order to consult, to provide information, and solicit feedback from stakeholders and the community. Mr. Speaker, significant milestones have been achieved over the past 10 months in Bermuda with respect to energy, the most recent of which was the unanimous support given by this Honourable House to the Electricity Act 2016, which has recently received royal assent. The Electricity Act followed the National Electricity Policy, which Honourable Members will r ecall was debated in this House in June of last year. Mr. Speaker, the Electricity Policy states that the Government’s objectives for electricity services in Bermuda are to ensure that the provision of these services are: • least -cost and high -quality; • environmentally sustainable; and • secure and affordable.
1544 21 March 2016 Official Hansard Report
Bermuda House of Assembly Prior to the publication of the policy, and more so after, there have been several parties who have expressed an interest in providing solutions that meet these objectives, with a specific interest in the use of liquefied natural gas, or LNG. Bermuda has been wholly dependent upon environmentally unsustainable fuel (that is, heavy fuel oil and diesel) for the majority of its electricity gener ation, leaving residents and businesses vulnerable to price shocks as global oil prices fluctuate. It seems, Mr. Speaker, that we are in the eye of the perfect storm of energy -generation issues. We know that the utility’s existing generation assets are at or near the end of their useful lives, and we watch as the world considers the long- term prospects for oil while monitoring the stability of supply and projected low prices for LNG. Bermuda is at a crossroads. We can either continue as we have for the past 100 years or take advantage of the opportunities before us by investing in lower -cost and more sustainable alternatives to oilfired generation, such as LNG. Mr. Speaker, the potential benefits of a switch to LNG include: 1. its relatively stable low cost as compared with the prices of heavy fuel oil and diesel; 2. its abundant availability, particularly to smaller markets like ours; 3. the reduced levels of harmful emissions upon combustion; and 4. the potential for job creation and yet another stimulus to the construction industry in the buildout of the necessary infrastructure.
Mr. Speaker, while these potential benefits might seem self -evident with regard to whether LNG should be permitted into Bermuda, there were other considerations and concerns that were raised during the Electricity Act consultations. Some of these i ncluded the following: 1. the manner in which LNG is extracted might not be environmentally sustainable; 2. the continued reliance on an imported fuel [is undesirable]; 3. the adoption of LNG and its low pricing would be a disincentive to the adoption of renewable energy technologies; 4. the infrastructure costs are high; and 5. Bermuda is too small a market for LNG impor-tation. In view of the potential benefits and concerns, it became apparent that we would have to evaluate the trade- offs inherent in adopting one stance or the other with regard to the use of LNG. Mr. Speaker, in order to assess the viability and trade- offs relating to the potential deployment of LNG into Bermuda, the Energy Department’s consultants researched the issues and produced the report that the House has before it. The consultants focused on whether LNG could be a part of Bermuda’s energy mix, and if so, what would be the best strategy for its procurement and development, specifically as it r elates to the necessary infrastructure dev elopment? Mr. Speaker, the consultants met with a wide cross- section of the key stakeholders as part of their consultations, including the Department of Energy, the Bermuda Energy Working Group, BELCO, the Ber-muda Environmental Energy Sustainable Group (BEESG), the Department of Planning, the Depar tment of Environmental Protection, the local fuel im-porters, and non- governmental organisations. They also met with representatives from the BW Group, who have offices in Bermuda and who are one of the world’s lea ding maritime groups in the tanker and gas industry. Mr. Speaker, the original report contains commercially sensitive information relating to several interested third parties, and since this Government made a commitment to publish the report, it was nec-essary to produce this redacted version for public consumption. This version of the report contains the following: 1. an overview of the LNG supply chain and al-ternatives for Bermuda; 2. the projected cost of importing LNG into Ber-muda; 3. considerations for the procurement of LNG and gas -fired electric power generation; 4. recommendations for structuring and manag-ing the deployment of LNG into Bermuda; and 5. conclusions on the feasibility of deploying LNG into Bermuda.
Mr. Speaker, this report reveals that there are two obvious locations that could be considered for creating the facilities for the importation, storage, and regasification of LNG. These are the Ferry Reach terminal and the Marginal Wharf in St. David’s. Of the two, there are a number of indications that the Ferry Reach site is the most suitable, but according to the consultants, further research is required to determine the potential environmental and social impacts before a final decision on a precise location can be made. Mr. Speaker, in addition to inv estigating var ious supply -chain options, this report highlights several specific factors that figure into the feasibility of LNG. These factors are explained in detail in section 6.1 of the report and are summarised as follows: • Bermuda does not have the demand to support more than one LNG import facility. Ther efore, only one location should be developed; • The Ferry Reach terminal and jetty may be uniquely well -suited to receive LNG; • Generating electricity with natural gas at the BELCO Pembroke plant is likely cheaper than other options;
Bermuda House of Assembly • SOL (Bermuda) owns the existing oil pipeline, which is built on Government land; and • A combination of the Government and the Regulatory Authority must approve LNG and its use for electricity generation.
Mr. Speaker, in Bermuda the potential d emand for natural gas is expected to be determined primarily by its use for electricity generation, for two main reasons: First, electricity generation is the lar gest potential market for natural gas. And second, an electricity generator, whether an independent power producer or the Electric Utility, represents a large p otential off -taker for natural gas and will have the demand to justify large capital investments in natural gas import infrastructure without partnering with other en-ergy u sers such as domestic cooking or institutional heating. If LNG is imported for electricity generation, further investment to adopt natural gas in other sectors, such as transport, could become viable. More simply put, LNG’s primary use would be for the gen-eration of electricity, and then other uses in other sec-tors, such as transportation, heating and cooking, would supplement that primary use. This noted, if LNG were not imported for electricity generation, it would not be feasible to use for these secondary se ctors. Mr. Speaker, the LNG report identifies five options for procuring LNG and gas -fired generation, based on the individual parts of that supply chain. And the options are: 1. liquefaction at the point of export to Bermuda; 2. shipping to Bermuda on a c ustom -built LNG ship; 3. storage and re- gasification at a terminal in Bermuda; and 4. generation of electricity, using LNG.
Each option is explained in detail, with an analysis of the advantages and disadvantages of each. In short, they are: • a single supplier that organises and manages the entire supply chain; • a single tender for gas -fired generation; • a tender for those parts of the LNG supply chain that lend themselves to competitive pr ocurement; • requiring access to the Ferry Reach terminal on the grounds of its being a uniquely favourable asset required for the country’s benefit; or • a Swiss challenge.
Mr. Speaker, it is likely that a combination of these options may be employed in order to achieve the best solution for Bermuda. Of all the potential pr ocurement methods, the most innovative is the Swiss challenge. This is a process by which a government ensures a level of competition for projects proposed by the private sector. In a Swiss challenge, the go vernment first approves of the principle of the proposed project, and then an open- bidding process is conducted in which the project proponent is also invited to participate. This process is used to encourage compet ition when one bidder controls a uniquely favourable asset, and it reduces risks associated with other de-velopment paths such as mandatory access. A Swiss challenge also ensures transparency, which is critical with infrastructure developments of this magnitude. Mr. Speaker, regardless of which supply -chain option and procurement strategy is adopted, i t is important to recall that the integrated resource plan (or IRP) central to the Electricity Act 2016 creates the mechanism by which the Regulatory Authority will i mplement and manage the electricity policies of the Government, including the introduction of alternative fuels and new electricity -generation technologies. This approach imposes a high level of transparency in the planning process by soliciting public comment, with the added ability to challenge and propose altern atives in order to ensure that the best energy solutions are considered for Bermuda. Mr. Speaker, the consultants conclude, based upon their investigations and analysis thus far, that the deployment of LNG into Bermuda is feasible and could be desirable, but with the caveat that only if the pricing differences between natural gas and oil are sufficiently disparate, and provided that LNG is avail-able for our market. It is also worth noting, however, that LNG has not yet been developed in any similar - sized jurisdiction in the Caribbean region and that this report is based upon reasonable assumptions and emerging market conditions. Mr. Speaker, any future action to adopt and deploy LNG as the principal source of fuel for the generation of electricity in Bermuda will not be made by the Gover nment, but by the private sector. Go vernment’s role in this process will be simple: Either we will or will not approve of the development of LNG. The mechanics, specifics, and time frame for devel-opment will be up to the market and the private sector, and contingent upon what is economically feasible for the developer. In order that residents and businesses are assured that any development of LNG is in their best interest, the importation and use of LNG in Bermuda would first need to be approved by the legi slature, after which the generation of electricity using LNG would have to be approved by the Regulatory Authority in compliance with the integrated resource plan. To ensure that there is a robust framework around any development of LNG and in order to better regulate the fuels already in use in Bermuda, the Government will develop relevant fuels policy and legislation later in this calendar year. 1546 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, it is our goal to ensure that all fuels, not just LNG, will be regulated to ensure that they are safe, secure, and affordable. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Minister. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. [Pause] QUESTION PERIOD
The SpeakerThe SpeakerHonourable Members, we are now in the question period. And the Chair will first recognise the Honourable Leader of the Opposition, from constituency 26. The Honourable Marc Bean, you have the floor. Hon. Marc A. R. Bean: Good morning, Mr. Speaker. The S peaker: Good morning. Hon. Marc A. R. …
Honourable Members, we are now in the question period. And the Chair will first recognise the Honourable Leader of the Opposition, from constituency 26. The Honourable Marc Bean, you have the floor.
Hon. Marc A. R. Bean: Good morning, Mr. Speaker.
The S peaker: Good morning.
Hon. Marc A. R. Bean: Mr. Speaker, just for clarity, are we doing the oral questions or the written question that is on the Order Paper first? Because I will be standing in—
The SpeakerThe SpeakerSorry, yes. We do have some oral questions. That should be done first. Thanks for that. Hon. Marc A. R. Bean: Mr. Speaker, MP De Silva is not in the House, as you have noted.
The SpeakerThe SpeakerYes. Hon. Marc A. R. Bean: So I would provide these questions on behalf of the MP.
The SpeakerThe SpeakerRight. And, Dr. Gibbons, are you pr epared to answer those questions? Yes. So the Chair will recognise first the Leader of the Opposition for the first oral question. QUESTION 1: BERMUDA TOURISM AUTHORITY — PAYMENTS TO HEMISPHERE GROUP Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, …
Right. And, Dr. Gibbons, are you pr epared to answer those questions? Yes. So the Chair will recognise first the Leader of the Opposition for the first oral question.
QUESTION 1: BERMUDA TOURISM AUTHORITY — PAYMENTS TO HEMISPHERE GROUP Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, will the Honourable Minister please inform this Honourable House how much has been paid by the Bermuda Government and/or the Bermuda Tourism Authority to the Hemisphere Group between December the 1 st, 2013, and February 29th, 2016, inclusive of all fees, disbursements, hotels, meals, et cetera?
The SpeakerThe SpeakerThank you. Yes, Minister, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I am going to answer this in two parts, with your indulgence.
The SpeakerThe SpeakerYes. Dr. the Hon. E. Grant Gibbons: First of all, I am g oing to give a year -by-year breakdown. And for the year 2013, the total amount was (bear with me; my eyes are not that great) . . . For 2013, the total amount was $16,563.12. For the …
Yes.
Dr. the Hon. E. Grant Gibbons: First of all, I am g oing to give a year -by-year breakdown. And for the year 2013, the total amount was (bear with me; my eyes are not that great) . . . For 2013, the total amount was $16,563.12. For the year 2014, the total was $202,943.03. For the year 2015, the total was $203,412.04. And for 2016 to January, it was $15,000. So the total amount is $437,918.19.
The SpeakerThe SpeakerYes. Thank you. Yes. Carry on, Mr. Leader of the Opposition. Hon. Marc A. R. Bean : Thank you, Mr. Speaker. I now move to question 2.
The SpeakerThe SpeakerYes. QUESTION 2: DESARROLLOS HOTELCO GROUP PUBLIC MEETINGS WITH MINISTRY Hon. Marc A. R. Bean: Mr. Speaker, will the Honourable Minister please inform this Honourable House when he and the principals of the Desarrollos Hotelco Group (the Developer) will commence with the public meetings to discuss the development?
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Speaker. It is the intent of the Ministry and the D eveloper to hold public meetings to discuss the development during the second or third quarter of this calendar year.
The SpeakerThe SpeakerThank you, Minister. Yes, Leader of the Opposition. Hon. Marc A. R. Bean: Third question, Mr. Speaker.
The SpeakerThe SpeakerYes. QUESTION 3: BERMUDA TOURISM AUTHORITY — MEETING DATES AND PAYMENTS TO BOARD MEMBERS Hon. Marc A. R. Bean: Mr. Speaker, will the Minister please confirm how many meetings [were held], and the dates on which these meetings were held, by the Bermuda Tourism Authority Board since its inception, Bermuda …
Yes.
QUESTION 3: BERMUDA TOURISM AUTHORITY — MEETING DATES AND PAYMENTS TO BOARD MEMBERS Hon. Marc A. R. Bean: Mr. Speaker, will the Minister please confirm how many meetings [were held], and the dates on which these meetings were held, by the Bermuda Tourism Authority Board since its inception,
Bermuda House of Assembly and how much has been paid to board members to date?
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Let me start with the question about how many meetings and the dates on which those meetings were held. First of all, the Bermuda Tourism A uthority Board, since inception, has held a total of 24 meetings to date. …
Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Let me start with the question about how many meetings and the dates on which those meetings were held. First of all, the Bermuda Tourism A uthority Board, since inception, has held a total of 24 meetings to date. The first meeting was on Decem-ber 20 th, 2013. In 2014, there were 11 meetings: January 31st, February 28th, March 28th, April 25th, May 30th, June 27th, July 25th, September 29th, October 31st, November 21st and December 16th. In 2015, there were 10 meetings: January 29th, February 28th, April 22nd, May 21st, June 17th, July 23rd, August 6th, September 23rd, November 18th and December 17th. In 2016, there have been two meetings: January 27th and February 24th. Let me move on to the next part, Mr. Speaker, if I may, which is, how much has been paid to board members to date. In 2013, the amount was $12,009. In 2014, it was $122,014. In 2015, it was $102,015. The total to date is $229,996.
The SpeakerThe SpeakerThank you, Minister. All right. Thank you, Leader of the Opposition. We now go to the questions on Statements by Ministers ; first is the Statement by the Minister of F inance. I will recognise the Opposition Leader again. Hon. Marc A. R. Bean: Thank you, Mr. Speaker.
The SpeakerThe SpeakerCarry on. QUESTION 1: MORGAN’S POINT LIMITED, GOVERNMENT GUARANTEE Hon. Marc A. R. Bean: Mr. Speaker, as noted on the second page by the Minister, $165 million has been allocated for guarantee. Would the Minister acknow ledge that this is indicative of a government that act ually has lost confidence …
Carry on.
QUESTION 1: MORGAN’S POINT LIMITED, GOVERNMENT GUARANTEE
Hon. Marc A. R. Bean: Mr. Speaker, as noted on the second page by the Minister, $165 million has been allocated for guarantee. Would the Minister acknow ledge that this is indicative of a government that act ually has lost confidence in the private sector, because without this government support, the economic viabi lity of this project does not meet the smell test?
The SpeakerThe SpeakerHonourable Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, it is not a question of the Government losing confidence in the tourism market; it is a question of what the market thinks. Right? And what we had here is a property that was a former US Naval base. It was …
Honourable Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, it is not a question of the Government losing confidence in the tourism market; it is a question of what the market thinks. Right? And what we had here is a property that was a former US Naval base. It was polluted, and they needed this government support to overcome what-ever reservations the investors might have had to turn that property, that former brownfield site, into a hotel resort. And also, in view of the fact that, you know, Bermuda has had a 30- year decline in the tourism business, it is going to take some extra horsepower to turn it around. And that is what we have provided.
The SpeakerThe SpeakerThank you. Would any other Honourable Member care to ask a question? MP from constituency 18. Yes, you have a supplementary?
Mr. E. David BurtSupplementary, if I may. Thank you very much, Mr. Speaker.
Mr. E. David BurtMr. Speaker, in the Minister’s answer which he just gave, he said that there were some additional items that were required for the private sec-tor or for lenders to have confidence. Is he saying that this deal would not have gone through if it were not for the Government guarantee?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: I think the Government guarantee was essential for this deal to go through.
The SpeakerThe SpeakerThank you. Do you have a supplementary? Yes, carry on. SUPPLEMENTARY Hon. Marc A. R. Bean: Supplementary, Mr. Speaker. In fact, I think that the Minister inadvertently misunderstood my question, my initial question. And that was not whether or not the Government is sho wing confidence in the project, but …
Thank you. Do you have a supplementary? Yes, carry on.
SUPPLEMENTARY
Hon. Marc A. R. Bean: Supplementary, Mr. Speaker. In fact, I think that the Minister inadvertently misunderstood my question, my initial question. And that was not whether or not the Government is sho wing confidence in the project, but whether, without the Government’s input, there would be no private sector confidence in the project.
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: I think this project r equired Government support. I would not extend that to all projects. But this project needed it.
The SpeakerThe SpeakerThank you, Minister. The Chair will recognise now MP David Burt, from constituency 18, Shadow Minister of Finance. Yes, a question?
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, question number 1 that I have for the Honourable Minister. 1548 21 March 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Yes. QUESTION 1: MORGAN’S POINT LIMITED, GO VERNMENT GUARANTEE
Mr. E. David BurtAt the very beginning of his Statement, he said, “Mr. Speaker, in accordance with section 2AA(3) of the Government Loans Act 1978 . . .” Mr. Speaker, if I may, section 2AA of the Go vernment Loans Act states the following, that a loan may be made (and I quote) …
At the very beginning of his Statement, he said, “Mr. Speaker, in accordance with section 2AA(3) of the Government Loans Act 1978 . . .” Mr. Speaker, if I may, section 2AA of the Go vernment Loans Act states the following, that a loan may be made (and I quote) “on such terms and condi-tions as may be determined by the Minister.” And it goes on to say [at section 2AA(3)] “as soon as pract icable after the execution of a guarantee under this section the Minister shall inform the Legislature.” Would the Honourable Minister please inform the legislature at this point in time, as it was not in his Statement, of the terms and conditions that were agreed to in this guarantee?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: The terms . . . I do not have the numbers for the terms other than the fact that the Government continues in its normal course, if it gives guarantees, to get remunerated, similar to the guarantee that the Government gave for the Bank …
Minister. Hon. E. T. (Bob) Richards: The terms . . . I do not have the numbers for the terms other than the fact that the Government continues in its normal course, if it gives guarantees, to get remunerated, similar to the guarantee that the Government gave for the Bank of Butterfield preferred share. The Government got r emunerated. That precedent was really set that if the Government is going to put its balance sheet behind a private sector enterprise, that we would not rent out our balance sheet for free. And believe me, I was asked to rent out our balance sheet for free, and we refused. And the normal sort of legal parameters that go with it, this is pretty much the standard guarantee that we give, but I do not have the exact fees that we are charging or anything like that. And if the Member wants it, I can get it for him.
Mr. E. David BurtThe Honourable Minister offered to provide those. I would accept that he should pr ovide them, but I think that according to the Act, they should be tabled in this Parliament so the entire country can know what the terms and conditions are. Mr. Speaker, as a supplementary, will the …
The Honourable Minister offered to provide those. I would accept that he should pr ovide them, but I think that according to the Act, they should be tabled in this Parliament so the entire country can know what the terms and conditions are. Mr. Speaker, as a supplementary, will the Honourable Minister please inform this Honourable House the individual tranches of funding that have been provided by the named companies in this Mor-gan’s Point development? The Speaker: Yes, Minister.
Hon. E. T. (Bob) Richards: Mr. Speaker, there were four tranches, three from reinsurance companies in Bermuda, AXIS, Validus, and Arch; and one from a US-based lender. I do not have the exact amounts of those. But I can also get them for the Honourable Member.
The SpeakerThe SpeakerHonourable Member from constit uency 18.
Mr. E. David BurtMr. Speaker, I will ask my second supplementary. But I find it interesting that we are debating, we are actually discussing government guar-antees and the Minister of Finance cannot tell me how much money the Government has actually guara nteed. Mr. Speaker — Hon. E. T. (Bob) Richards: Mr. Speaker, …
The SpeakerThe SpeakerYes. POINT OF ORDER Hon. E. T. (Bob) Richards: I have told what the a ggregate amount is. So for the Honourable Member to get up there and say that I have not told the people of Bermuda what the amount is is just not correct.
The SpeakerThe SpeakerAll right. Thank you. MP Burt.
Mr. E. David BurtSecond supplementary is, follo wing on what the Minister has just stated regarding the total amount versus the individual amounts, can the Honourable Minister please indicate in combination how much the total amount of guarantees he has ex ecuted thus far against the $165 million ceiling?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: None.
The SpeakerThe SpeakerThank you. All right. Thank you, Ho nourable Member. MP Burt.
The SpeakerThe SpeakerYes, you may. Bermuda House of Assembly QUESTION 2: MORGAN’S POINT LIMITED, GO VERNMENT GUARANTEE
Mr. E. David BurtMr. Speaker, question number 2 is, How does the government guarantee indicate confidence in the developer and/or the project? Would it not stand to reason that if there was confidence in the budget, they would be able to raise the money them-selves?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: Mr. Speaker, that question was essentially already asked by the Leader of the Opposition. I am not going to answer the same question t wice.
The SpeakerThe SpeakerAll right. MP Burt. SUPPLEMENTARY
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, I ask a second supplementary, or a first supplementary (sorry). Mr. Speaker, since the Ritz -Carlton does not come on board under 2018, what are the criteria to be fulfilled to complete the branding by Ritz?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: I am not sure I understand the question.
The SpeakerThe SpeakerDo you want to ask it again, MP Burt?
Mr. E. David BurtMr. Speaker, the question is, Given that the Ritz -Carlton Reserve, which has been announced, does not come on board until 2018, the question I am asking the Minister is, is he aware of the criteria that has to be fulfilled by the company, which we are providing this guarantee …
Mr. Speaker, the question is, Given that the Ritz -Carlton Reserve, which has been announced, does not come on board until 2018, the question I am asking the Minister is, is he aware of the criteria that has to be fulfilled by the company, which we are providing this guarantee for —what criteria must be fulfilled in order to complete the branding of Ritz?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: I am not familiar with that, although I have to say that the company is going to make a separate announcement for the branding. But we know that because of the brand that is connected to this, as I mentioned in this Honourable House, …
Minister.
Hon. E. T. (Bob) Richards: I am not familiar with that, although I have to say that the company is going to make a separate announcement for the branding. But we know that because of the brand that is connected to this, as I mentioned in this Honourable House, I guess, a year or so ago, that there were extra costs involved because the quality of the project had to be higher than normal. That is why we went from the original amount we thought we had to guarantee to this higher amount of $165 million. We know that much, that the quality of the construction and the amenities have to be that much better for Ritz R eserve. Other than that, the details of the requir ements between Morgan’s Point Limited and the Ritz - Carlton are not known to me.
The SpeakerThe SpeakerYes, yes. QUESTION 3: MORGAN’S POINT LIMITED, GO VERNMENT GUARANTEE
Mr. E. David BurtMr. Speaker, I thank the Minister for the response. Mr. Speaker, if the conditions prec edent are not met, or if the construction does not finish, or otherwise, what are the Government’s liabilities to the companies providing the financing?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: The guarantees that we have signed specifically state that in the event of a default and in the event of [a non completion] of the project, the Government of Bermuda will not be liable for anything in excess of $165 million under any ci …
Mr. E. David BurtIn the Government’s extending $165 million taxpayer guarantee for this project, can the Government state what requirements did they have of the developers to put up any of their own money and/or equity?
The SpeakerThe SpeakerHonourable Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, I am aware that the developers have put up a lot of their own money. And they have been putting up their own money for the last —I do not know how many years, keeping this thing going. So they have …
Honourable Minister.
Hon. E. T. (Bob) Richards: Mr. Speaker, I am aware that the developers have put up a lot of their own money. And they have been putting up their own money for the last —I do not know how many years, keeping this thing going. So they have put up a lot of their own money, and I mean a lot, as in tens of mil-lions of dollars of their own money. So, yes, the de-velopers have put up a lot of their own money.
The SpeakerThe SpeakerThank you. 1550 21 March 2016 Official Hansard Report Bermuda House of Assembly MP Burt.
Mr. E. David BurtMr. Speaker, my final supplementary is, is the Minister comfortable in essentially guaranteeing a private development? Is he comfortable in playing the role of picking winners and losers in a market economy?
The SpeakerThe SpeakerMinister. Hon. E. T. (Bob) Richards: Mr. Speaker, picking wi nners and losers? What we are doing is trying to redevelop the tourism sector in this Island, a sector that has been on decline for 30 years. We are trying to redevelop, and we are redeveloping, a property that was …
Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, picking wi nners and losers? What we are doing is trying to redevelop the tourism sector in this Island, a sector that has been on decline for 30 years. We are trying to redevelop, and we are redeveloping, a property that was left behind by the US military that has been sitting there since the mid- 1990s, vac ant and useless, sitting there during a time of the former administration where they did nothing with it. But that is what we are doing. We are not picking winners and losers.
The SpeakerThe SpeakerThank you, Minister. All right. Thank you very much, Honourable Members. We now move to the second Statement by the Minister for Economic Development. And I have MP Roban. QUESTION 1: LIQUEFIED NATURAL GAS (LNG), VIABILITY OF IN BERMUDA
Mr. Walter H. RobanThank you, Mr. Speaker. Question for the Minister, Mr. Speaker: On page 4 of 7 of the Statement, the Minister mentions there, there are Ferry Reach and Marginal Wharf as possible sites for a storage and regasification plant, or proposed sites, for these types of facilities. Not having the benefit …
Thank you, Mr. Speaker. Question for the Minister, Mr. Speaker: On page 4 of 7 of the Statement, the Minister mentions there, there are Ferry Reach and Marginal Wharf as possible sites for a storage and regasification plant, or proposed sites, for these types of facilities. Not having the benefit of the report in front of me, just questions that (obviously) are preliminary, is this including the possibilities of land or floating possibilities for these two sites?
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. The sites are not being proposed at this point by Government. This is simply a study looking at the viability of LNG. These seem to be the two most ec onomically feasible sites. The Ferry Reach site already has …
Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. The sites are not being proposed at this point by Government. This is simply a study looking at the viability of LNG. These seem to be the two most ec onomically feasible sites. The Ferry Reach site already has oil importation dock facilities there, so that would seem to be a natural possibility. Can you add LNG (or liquefied natural gas) to the existing import facilities on the Ferry Reach sole site? The other site that has come up because it is part of a proposal by a private company is, in fact, Marginal Wharf. And so, that is the other possibility. That is not to say there could not be other possibilities that could come up in the process, but I think those were the two that the report looked at. And they looked at the costs and some of the issues associated with those t wo possible sites. Thank you.
The SpeakerThe SpeakerThank you. Supplementary, MP? The Leader of the O pposition has a supplementary. SUPPLEMENTARY Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, would the Honourable Minister acknowledge that what he is presenting today is act ually a carbon copy, I would say, of what we did as …
Thank you. Supplementary, MP? The Leader of the O pposition has a supplementary.
SUPPLEMENTARY
Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, would the Honourable Minister acknowledge that what he is presenting today is act ually a carbon copy, I would say, of what we did as a government in terms of looking at introducing LNG into Bermuda, in terms of Marginal Wharf or the Ferry Reach projects, it is actually nothing different from what we have previously started?
The SpeakerThe SpeakerHonourable Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I would not agree with that. This is quite a detailed report. And it is one that gets into all aspects of both importing and being able to manage LNG in Bermuda. I think when the …
Honourable Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I would not agree with that. This is quite a detailed report. And it is one that gets into all aspects of both importing and being able to manage LNG in Bermuda. I think when the Government took over, there were certainly some very conceptual thoughts about it. But things have moved on consi derably since 2012. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. All right, thank you. The Chair will now recognise MP Roban. You have a supplementary?
Mr. Walter H. RobanThe Honourable Minister mentioned a private company in his answer. Is the Ho nourable Minister prepared to tell us who the private company is, at this point?
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. The private company is actually mentioned in the Statement. It is BEESG, Bermuda Environmental Sustainability Group. They are the ones that are making a proposal which still, I would say, requires some work. But they are making a proposal …
The SpeakerThe SpeakerThank you, Honourable Minister. Bermuda House of Assembly Yes, MP Roban.
The SpeakerThe SpeakerYes, your second question. QUESTION 2: LIQUEFIED NATURAL GAS (LNG), VIABILITY OF IN BERMUDA
Mr. Walter H. RobanQuestion: Is the Minister able to give us an idea as to how much percentage of the existing infrastr ucture perhaps can be used for a f uture LNG project? Or is there going to have to be a total reinvestment [into] that infrastructure to facilitate the use of LNG …
The SpeakerThe SpeakerMinister. Dr. the Hon. E. Grant Gibbons: Yes, thanks, Mr . Speaker. Mr. Speaker, I think it is probably useful for Honourable Members to have read the report; and I understand the Honourable Member has not had a chance to do that yet. But in essence, looking at these two …
Minister. Dr. the Hon. E. Grant Gibbons: Yes, thanks, Mr . Speaker. Mr. Speaker, I think it is probably useful for Honourable Members to have read the report; and I understand the Honourable Member has not had a chance to do that yet. But in essence, looking at these two possible sites —and I stress there may be other possible sites as well, but these seem to be the most obvious —one site would involve about $258 million in capital investment, and the other site would require something closer to $320 million in capital investment. So the answer in economic terms is there would be considerable infrastructure investment r equired to be able to import liquefied natural gas, to land it, to regassify it, and then to distribute it, and then use it for generation. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Yes, MP Roban.
Mr. Walter H. RobanThe Minister mentioned BEESG. Is this a local company that has specialis ation in energy technology and other aspects? And can the Minister give us some more information on who they are?
The SpeakerThe SpeakerYes, Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, the answer is, it is a local co mpany in the sense that the principals are local. Mr. Oliver Binns is the president of that. But it also has significant overseas partners. The other proposer cer-tainly …
Yes, Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, the answer is, it is a local co mpany in the sense that the principals are local. Mr. Oliver Binns is the president of that. But it also has significant overseas partners. The other proposer cer-tainly is the current utility, which is BELCO. But there is still a fair amount of work that needs to be done. This not something we are going to make a decision on in the next week and a half.
The SpeakerThe SpeakerThank you. Honourable Member, yes, you have another question, Honourable Member? Yes, MP Roban.
The SpeakerThe SpeakerYes, sir. Carry on. QUESTION 3: LIQUEFIED NATURAL GAS (LNG), VIABILITY OF IN BERMUDA
Mr. Walter H. RobanOn page 5, the Honourable Minister says at the bottom, “it is likely that a combina-tion of options may be employed in order to achieve the best solution for Bermuda. Of all the potential pr ocurement methods, the most innovative is the Swiss challenge.” Is the Minister prepared to state …
On page 5, the Honourable Minister says at the bottom, “it is likely that a combina-tion of options may be employed in order to achieve the best solution for Bermuda. Of all the potential pr ocurement methods, the most innovative is the Swiss challenge.” Is the Minister prepared to state that the Government sees a Swiss challenge and this type of procurement as a credible international option for Bermuda?
The SpeakerThe SpeakerMr. Minister. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I think it is important to put this report in context. The report is not the Government’s opinion. The report is an opinion done by an international consulting group whom we have been using through a good part of the …
Mr. Minister. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I think it is important to put this report in context. The report is not the Government’s opinion. The report is an opinion done by an international consulting group whom we have been using through a good part of the process involved with the interview policy for electri city and also helping with the legislation and a lot of the public meetings. So, the Honourable Member probably would have seen some of these folk in action. What the report does is it says, There are a number of ways in which, if Government is prepared to approve the importation and use of LNG in Ber-muda, and that would require legislative input as well, then there are a number of ways to do that. The Swiss challenge issue comes up because one of the possibilities, as set out in the report, is the existing private infrastructure at the Ferry Reach ter-minal, which is used for oil importation now. And if that turns out to be what is considered to be a most f avourable option, one of the ways of doing that so you do not have a complete monopolistic approach to us-ing that site is a process called a Swiss challenge, which involves a negotiation followed by an RFP [r equest for proposal], which allows others to get into it, and then the idea of allowing the group that holds t hat site, which would be SOL [Petroleum], to match that bid. So it is a way of getting some transparency and some competitive aspects into that particular process if that is considered the most favourable site. The report suggests it could well be, but th e report also says very clearly that there needs to be 1552 21 March 2016 Official Hansard Report
Bermuda House of Assembly additional work done under a much more detailed basis, looking at certainly that site, the Ferry Reach site, also the Marginal Wharf site, but there may be other possibilities as well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 24. MP Lawrence Scott. You have a supplementary.
Mr. W. Lawrence ScottJust after the Minister spoke about the Swiss challenge and how it is a viable o ption for this project, why would that Swiss challenge not be a viable option for the airport deal?
The SpeakerThe SpeakerYes. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I believe the Minister of Finance has set that out and the reasons for that in great detail. This is also a private sector . . . well, as the Statement says, it is going to be eventually determined, …
Yes. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I believe the Minister of Finance has set that out and the reasons for that in great detail. This is also a private sector . . . well, as the Statement says, it is going to be eventually determined, if LNG is ap-proved, by the private sector on the basis of, is it ec onomically feasible and—
The SpeakerThe SpeakerJust a minute, just a minute. I understand and I thought I saw a camera. If I see anything like that, then [Sergeant -at-Arms], you make sure that these people in the Gallery, the vis itors . . . rem ind them that they are visitors. And I saw a …
Just a minute, just a minute. I understand and I thought I saw a camera. If I see anything like that, then [Sergeant -at-Arms], you make sure that these people in the Gallery, the vis itors . . . rem ind them that they are visitors. And I saw a camera. I do not know where it came from, but a light flashed. So, please, keep your eyes open. If that happens, then that visitor is going to have to leave. Carry on.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. This would be a private sector development, much like BELCO, or anybody else who wishes to generate electricity, would finance a design and build, but obviously regulated by the Regulatory Authority. The airport is a public sector asset, and it is a government -to-government thing. And I think the Minister of Finance —and I certainly do not want to trespass on his explanations to date. But it is an entirely different [kind of] project. Thank you.
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Members. That concludes our question period. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerThe Chair will recognise the Honourable Minister of Community, Culture and Sport. Minister Gordon- Pamplin, you have the floor. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I wish that this Honourable House would join me in sending congratulations. A week ago, Teen Services had an event …
The Chair will recognise the Honourable Minister of Community, Culture and Sport. Minister Gordon- Pamplin, you have the floor.
Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I wish that this Honourable House would join me in sending congratulations. A week ago, Teen Services had an event highlighting and honouring the Outstanding Teen of the year. Mr. Speaker, they had an unprecedented 125 nominees in various categories. But the outstanding teen was Claire Conyers of Warwick Academy, who obtained a 4.9 GPA. I mean, we talk about excellence, Mr. Speaker; this is excellence personified. And I believe that the whole House would want to join me in offering congratulations to Ms. Conyers on her outstanding achievement. In addition, Mr. Speaker, on Thursday night, the Ministry had the privilege of hosting the Athletes of the Year Awards, Sportsperson of the Year Award. And apart from the fact that there were many categories and many people who were honoured along the way, I would just like to highlight the Junior Male and Female winners, who were Tyler Smith and Cecilia Wollmann; and the Senior Athletes of the Year were Tyler Butterfiel d and Flora Duffy. And I do believe that the Honourable House would probably want to join me by associating with these remarks of congratulations. Thank you.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will recognise the Honourable Member from constituency 24. MP Scott, you have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. I would just like this House to send a letter of congratulations to the Epsilon Beta Lambda Chapter of Alpha Phi Alpha Fraternity, Incorporated, as they had their annual Black and Gold Ball over the past weekend, March 12 th. And it was a good time. …
Thank you, Mr. Speaker. I would just like this House to send a letter of congratulations to the Epsilon Beta Lambda Chapter of Alpha Phi Alpha Fraternity, Incorporated, as they had their annual Black and Gold Ball over the past weekend, March 12 th. And it was a good time. Once again, I will declare my interest. I am a member of the Epsilon Beta Lambda Chapter, as well as other brot hers who are in the House as well. But there was a good time had by all.
Bermuda House of Assembly I would like to thank the organising committee for doing a good job. The speaker who came down hit on a very emotive topic, but left us a lot to think about. And this chapter does a lot for the community. And I know that the Beautillion is coming up on June 5 th. So that is something that we should all look forward to as well. But once again, I would like to thank and congratulate the brothers of the Epsilon Beta Lambda Chapter of Alpha Phi Alpha Fraternity, Incorporated.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member, the Minister of Economic Development, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I rise this morning to ask that the House send congratulations to Jarion Richardson, who has just launched a compliance …
Thank you, Honourable Member. The Chair will recognise the Honourable Member, the Minister of Economic Development, Dr. Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I rise this morning to ask that the House send congratulations to Jarion Richardson, who has just launched a compliance services firm called Certainty. I think this is particularly close to my heart and a few others on this side, because we have been working very closely with the Regulatory Com-pliance Association, and we see a lot of opportunity for younger Bermudians in the financial services area, with compliance. Honourable Member Commissiong would like to be associated. As Honourable Members will be aware, there are a lot of regulated financial services -based businesses here, everything from trusts to funds to insurance, and certainly asset management, not to mention banking and law firms. So, I think this is a great initiative by Mr. Richardson, and I think it is something that, as we get into the courses that are going to be available in the next couple of years, will be also an opportunity for a lot of young Bermudians who wish to get into the compliance business. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will recognise the Honourable Whip, from constituency 3.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Firstly, I just want to send out condolences to the Foggo family, Keith Foggo, in particular, I think most people will know his brother, Franklin Foggo. And the Foggo name is synonymous with St. David’s, so he will be sadly missed by the St. David’s comm …
Thank you, Mr. Speaker. Firstly, I just want to send out condolences to the Foggo family, Keith Foggo, in particular, I think most people will know his brother, Franklin Foggo. And the Foggo name is synonymous with St. David’s, so he will be sadly missed by the St. David’s comm unity, Mr. Speaker. But I have to rise and also be associated with the congratulatory remarks that the Honourable Mini ster of Community, Culture and Sports made regarding the Teen Services awards. It is a phenomenal event. And the reason I say that, Mr. Speaker, is not only because it recognises academic excellence, but it recognises excellence in every arena— in the arts and the like, Mr. Speaker. And it speaks to the talent that we grow within our schools in Bermuda. It is abs olutely phenomenal. And indeed, Ms. Conyers was the Overall Most Outstanding Teen for Bermuda, and she did an absolutely superb job. But I also want to say thank you to those who organised that event, the director and her team. You know, they are able to put that type of event together every year in spite of the financial challenges, be-cause of the fact that it is so important to recognise the talent of our young ones in Bermuda. So, co ngratulat ions to the Teen Services department, who do a phenomenal job in putting together that event as well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable and Learned Member, from constituency 31, MP Shawn Crockwell. You have the floor. Hon. Shawn G. Crockwell: Thank you, and good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. Hon. Shawn G. Crockwell: Mr. Speaker, the last time I stood in this Honourable House, I did so in the c apacity as the Minister of Tourism Development and Transport, a position I had the honour to hold for just over three years. Today I no longer hold …
Good morning. Hon. Shawn G. Crockwell: Mr. Speaker, the last time I stood in this Honourable House, I did so in the c apacity as the Minister of Tourism Development and Transport, a position I had the honour to hold for just over three years. Today I no longer hold that position, Mr. Speaker, and due to the abrupt nature of my de-parture, I did not have the opportunity to appropriately thank the numerous civil servants and managers in the Ministry for their outstanding service. And so, Mr. Speaker, with your indulgence, I would like to take the opportunity at this time. Mr. Speaker, I had a talented management team at the Ministry, and I woul d like to publicly thank my former Permanent Secretary, Mr. Francis Richar dson. He was a steadfast and calming leader, a con-summate professional and a consummate civil ser-vant. And he has provided the Government and this community with excellent service. I would like to thank, Mr. Speaker, all the ferry workers, the bus operators, mechanics, surveyors, traffic officers, examiners, administration workers — everyone who worked within the Ministry —for their hard work. Sometimes, things got a little testy, partic ularly with Marine and Ports, Mr. Speaker. But we a lways worked through our issues for the betterment of Bermuda. Mr. Speaker, I did have the opportunity to go to the Transport Control Department on Friday to clear out my office. And while I moved into the lobby, Mr. Speaker, the staff who were on the front line stopped what they were doing. Some took to their feet, but they all applauded me as I walked through that ground level. It was one of the most moving experiences of my life. They came up to me. We hugged. And I want to say to all of them, Thank you for that gesture. Thank you for that validation. And I will certainly visit them from time to time. It is my birthday this month, 1554 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, so I always bring cake to work. So I want the staff to know I will be bringing cake to work next week as well. So, Mr. Speaker, there are also two heads of departments that I want to also single out. It is not good practice generally to single out individuals, but I will risk it today because of their exemplary service. They are Mrs. Jasmin Smith, who served as the Assistant Director at the former Department of Tourism and then as the Director of the Transport Control Depar tment; and Mr. Aaron Adderley, Mr. Speaker, who is the General Manager of Airport Operations. You will be pleased to know he is also a fellow Lily White fan, Mr. Speaker. So I want to say to them, Thank you. Thank you so much for . . . I do not want the people to think that I am a fellow . . . I am a You Never Walk Alone [fan], Mr. Speaker. But I just want to say thank you to them, and I appreciate it.
The SpeakerThe SpeakerThank you, thank you, Honourable Member. Thank you, Honourable Member. The Chair will now take the Honourable Member from constituency 6. I think he was in line. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, first of all, let me congratulate my friend, the Honourable Shawn Crockwell, and …
Thank you, thank you, Honourable Member. Thank you, Honourable Member. The Chair will now take the Honourable Member from constituency 6. I think he was in line. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, first of all, let me congratulate my friend, the Honourable Shawn Crockwell, and thank him for the service. He has served in the Minis-try of Tourism for three years. Having been in that place myself, I know exactly the challenges that he had. There is no doubt that he has accomplished some things while there as Minister of Tourism. Also, Mr. Speaker, I would like to congratulate you for stepping out and allowing that significant m otion last week, I think, which set the trend for what happened historically during the week. And that leads me to the point, Mr. Speaker, that I would like to congratulate and thank Rev. Tweed; Chris Furbert [Bermuda Industrial Union] President; and Jason Hayward for the way they co nducted themselves up here during the last week and for what they accomplished for Bermuda. Also, I would like to thank and congratulate the police for the way they conducted themselves, particularly at the very beginning when there was a little tension. But you realise after the heat came down, everybody got along and the whole emotion part disappeared and the police worked along with the people of Bermuda up here. Also, I would like to congratulate Enda Matthie for her long stay up here for, I think it was seven, eight —
An Hon. Member An Hon. MemberShe is still here. Hon. Wayne L. Furbert: She is still here, still here. I think she is waiting now to see whether there are ind ividuals for the Bill itself. But we would like to congrat ulate her for her heartiness for taking the challenge upon herself. It must …
She is still here.
Hon. Wayne L. Furbert: She is still here, still here. I think she is waiting now to see whether there are ind ividuals for the Bill itself. But we would like to congrat ulate her for her heartiness for taking the challenge upon herself. It must be tough to be here for a long period of time without eating, but her cause has def initely sparked a move in Bermuda. And, Mr. Speaker, of course, without failure, I have to congratulate and thank the people of Bermuda. There was no doubt that the people of Ber-muda came together for the first time in history, blocked our doors and basically put us on suspension with pay for a whole week. And it was definitely som ething that I have never seen before in Bermuda. But I guess I can probably say, Mr. Speaker, that it sent the message not only to the ruling government, but future governments, that the people of Bermuda are the people whom we represent, and that we must listen. And at the end of the day, if we do not listen, as my mother tells me, we will feel. So, Mr. Speaker, as I said, it was an interes ting week. And I just wish to congratulate everyone who played a part —of course, my honourable colleague, the Honourable Walton Brown, who at the very beginning started the process. And I remember his talking about civil disobedience and things like that. And I said, Wow, Walton. But his dreams and what he wanted to accomplish worked on behalf of the people of Bermuda. Thank you very much.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 4, the Deputy Speaker.
Mrs. Suzann Roberts -HolshouserI was surprised that I am going to be associated with someone who has passed away, and the Member who stood to her feet did not refer to the gentleman by his nickname. Because Keith “Breed” Foggo is one of those individuals, Mr. Speaker, who actually kept the thought and …
I was surprised that I am going to be associated with someone who has passed away, and the Member who stood to her feet did not refer to the gentleman by his nickname. Because Keith “Breed” Foggo is one of those individuals, Mr. Speaker, who actually kept the thought and the nickname going for the people of St. David’s. And as his nickname may say, Breed Foggo was indeed indicative of the strong breed that we have in the people of St. David’s. In fact, I often forget what Rocky's, my cousin Rocky, what his real name is. And of course, that was his son. His real name, of course, was Lawrence. But often, you have to stop and think, What’s the real name? But it was Breed Foggo who was synonymous with continuing the nic kname policy of those from St. David’s. T he family, his mother, of course, Joan Bagley, died not too long ago, was also a close friend of my family. He will be greatly missed by not only the people of St. David’s but the people of Barritt’s, for whom he worked for a long time. And I believe he was also a police officer. So I am very pleased to be associated.
Bermuda House of Assembly Mr. Speaker, I would also like to acknowledge the Bermuda Cancer and Health Centre. The Bermuda Cancer and Health Centre, which many people recognise for their providing mammograms, and su pporting those individuals who experience and go through the trials and tribulations of having cancer, have announced a scholarship programme. The scholarship programme, the deadline for which, I believe, is the 1 st of June, is to help to finance those individuals who apply or are recognised to have followed in the footsteps of the health field. So I would encourage those individuals, or those families who have children who are off the Island looking into the field of health, who are studying in health, that t hey might take the initiative to apply for the scholarship that is now being introduced by Bermuda Cancer and Health Centre. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 21, MP Commissiong.
Mr. Rolfe CommissiongThank you, Mr. Speaker, and good morning, colleagues. I too wish to associate myself, my comments, with those of the Member from constituency 6, Mr. Speaker. I thought that he ably offered the—
The SpeakerThe SpeakerI gave him a little bit of a leeway. So you would have noticed that.
Mr. Rolfe CommissiongSuffice it to say that I too associate with his comments. I also associate with the comments by the Member who just took her seat, from constituency 4, MP Roberts -Holshouser. Mr. Breed Foggo was also a cousin to my wife. And also [I would like to associate myself with] …
Suffice it to say that I too associate with his comments. I also associate with the comments by the Member who just took her seat, from constituency 4, MP Roberts -Holshouser. Mr. Breed Foggo was also a cousin to my wife. And also [I would like to associate myself with] the comments expressed on his behalf by my colleague on this side of the aisle, Ms. Lovitta Foggo, our Whip. But, Mr. Speaker, more principally, I am getting up on my feet here today to offer condolences to the family of Mr. Joseph L. Repose, from Warwick Parish. Mr. Glen Smith, the MP for constituency 14, also wishes to be associated, along with the Gover nment Whip, Mr. Cole Simons. Mr. Joe, as he was called by me anyway, affectionately, and we began to develop our relationship, Mr. Speaker, while having morning breakfast over at the Bermy Cuisine, starting from about 2005 or 2006 or so. And we went there and met every morning, just about four or five mor nings per week. And a friendship grew between us. Certainly, I did not play at marbles with Joe, Mr. R epose. But our friendship developed, and I always ad-mired his integrity and his honesty and his commit-ment to Bermuda, as someone from the Portuguese side of our family. And again, I offer my condolences to his lovely wife, Barbara, and his children. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise first the Honourable Minister Atherden, the Minister for Health, Seniors and the Environment. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I rise today to ask the House to send congratulations to all of those who associated with the Ocean …
Thank you, Honourable Member. The Chair will recognise first the Honourable Minister Atherden, the Minister for Health, Seniors and the Environment.
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I rise today to ask the House to send congratulations to all of those who associated with the Ocean Vet launch. This is a series that features Neil Burnie and all of the work that was done to go and look at the shark project and to look at all of the things that are happening in Bermuda. Mr. Speaker, to see Bermuda and to see what was done there and to know this is going to have worldwide circulation was truly phenomenal. And it just let you know that everybody who was associated put a lot of time and effort and actually had some very dangerous activities. But it showed Bermuda really well. Mr. Speaker, I would also like to have congratulations sent to those associated with the Green-rock project. On Saturday night, it was really breat htaking to be down at the waterfront property at 8:30, when all of the lights went out, to have what we call the Earth Hour. Minister Gibbons would like to be as-sociated. And from 8:00 to 8:30, it was really ph enomenal. I participated in the 5K walk, and to walk around Hamilton and to see everybody understanding that we have to do something about conserving our energy and— [Inaudible interjection]
An Hon. Member An Hon. MemberSorry. Sorry, Mr. Speaker. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. We have to do something about conserving our energy. And to know that this is the eighth anniversary of the Earth Hour, I think all of us in Bermuda have to recognise that, bearing in mind what Dr. …
Sorry. Sorry, Mr. Speaker. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. We have to do something about conserving our energy. And to know that this is the eighth anniversary of the Earth Hour, I think all of us in Bermuda have to recognise that, bearing in mind what Dr. Gi bbons was talking about earlier, we have to do som ething about conserving energy. And whatever we can do as individuals, it becomes magnified as a country. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. The Chair will now recognise the Honourable Member from constituency 16. MP Michael Weeks, you have the floor. 1556 21 March 2016 Official Hansard Report Bermuda House of Assembly
Mr. Michael A. WeeksThank you, Mr. Speaker, and good morning to you. Good morning, Mr. Speaker. Mr. Speaker, I would like to associate myself with the remarks, first of all, for Keith Breed Foggo. I met Mr. Foggo, Mr. Speaker, many moons ago now in another life. I used to do construction. And …
Thank you, Mr. Speaker, and good morning to you. Good morning, Mr. Speaker. Mr. Speaker, I would like to associate myself with the remarks, first of all, for Keith Breed Foggo. I met Mr. Foggo, Mr. Speaker, many moons ago now in another life. I used to do construction. And I was wor king on his house. I was one of the guys working on his house. And he had a big pig in his yard. I do not know if people knew that he had a big sow in his yard. And one of my construction colleagues used to open the gate. And this pig used to chase the guys.
[Laughter]
Mr. Michael A. WeeksIt was a big sow. So I have some fond memories of Keith. He and I actually ended up becoming pretty good friends over the years. But Keith was quite a fellow. And he had another guy, I think some St. David’s Islanders may know him to be his best …
It was a big sow. So I have some fond memories of Keith. He and I actually ended up becoming pretty good friends over the years. But Keith was quite a fellow. And he had another guy, I think some St. David’s Islanders may know him to be his best friend. We called him Stacy Keach. (What was his real name?) Okay. But anyway, his nickname was Stacy Keach because he looked just like the actor Stacy Keach. But between those two characters, that was my introduction into St. David’s when I was there doing that construction with that pig. And the sight of that sow has always been imprinted on me. Mr. Speaker, I would like to offer my condolences to the family of William Pavy. One of his nep hews ac tually sits in this Honourable House, my colleague, MP Walter Roban. I would like to associate the Honourable Minister Gordon- Pamplin with those remarks of condolence for Mr. William Pavy. Mr. Speaker, moving on to some congratul atory remarks, I would like to be associated with the remarks by the Honourable Minister of Community, Culture and Sports on Teen Services. Every year, I am normally there in support of our outstanding teens. But as most of the Members of the House know, I have been sick for a few weeks. I had to miss it. And that was a real regret of mine because I like to see the exploits of our youngsters. And that was good. And also, I would like to be associated with the sports awards comments by the Honourable Mi nister of Community, Culture and Sports. Again, I was unable to attend. But hats off to those outstanding athletes. Mr. Speaker, also, I would like to offer congratulatory remarks sent by the House to Mr. Cochise Burgess. I have had this in my bag for quite some time, but obviously, we know that last week we were not here. But Mr. Cochise Burgess is a young Ber-mudian. He is currently studying fashion out in T oronto. And he was called by the Huffington Post in Canada probably one of the coolest models to walk to the Toronto Men’s Fashion Week. And actually, he is the nephew of ZBM photographer, Mr. Trevor Lindsay. So I would definitely like to offer congratulatory r emarks to Mr. Cochise Burgess and all of his family. Before I take my seat, Mr. Speaker, I have saved the best —
[Timber be eps]
The SpeakerThe SpeakerThat is it. You have to take a seat now, Honourable Member. The time is up. The Chair will recognise the Honourable Member from constituency 13.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. On a sad note, Mr. Speaker —and I would like to associate all of my colleagues on this side—can we have a letter of condolences sent to the family of Ms. Tinee Furbert, sister -in-law to the Member from constituency 6, because her mother, Ms. Carla …
Thank you, Mr. Speaker. On a sad note, Mr. Speaker —and I would like to associate all of my colleagues on this side—can we have a letter of condolences sent to the family of Ms. Tinee Furbert, sister -in-law to the Member from constituency 6, because her mother, Ms. Carla Davida Hunt, passed away last week. A special part of me, anyone who grew up in Devil’s Hole, knew the Brangman family, knew about the homestead over by the cricket field and would have known it was a tr emendous loss for them. But on a lighter note, I would like to associate myself with the comments about the Teen Service Awards. It is something I have been involved in for the last 10 years, the Teen Service Awards, and it was something I would not miss for the world. So in fact, I did show up, gave my presentation and left because I had another function. So unfortunately, I did not get to stay. Also, I would like to associate myself with the comments for Alpha Phi Alpha Fraternity, Incorp orated. Not only did they have a phenomenal Black and Gold Ball; they also had a phenomenal week, with the symposium that was aimed at raising men, the better making of men was the theme for the week. And on the Friday morning, there was a leadership breakfast held for high school seniors. And I would just like to be associated wit h those remarks as well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 1, MP Kenneth Bascome.
Mr. Kenneth (Kenny) BascomeI would just like to take this opportunity to add my voice to the Honourable Wayne Furbert’s comments in regards to the Honourable Member Shawn Crockwell, former Mini ster of Tourism and Transport. Being a person who is actively involved in tourism, I can say that Mr. Croc kwell has …
I would just like to take this opportunity to add my voice to the Honourable Wayne Furbert’s comments in regards to the Honourable Member Shawn Crockwell, former Mini ster of Tourism and Transport. Being a person who is actively involved in tourism, I can say that Mr. Croc kwell has worked tirelessly in an attempt to put our product back where it needs to be. And I have spoken with one of my colleagues, and he told me he does not believe that it would be appropriat e.
Bermuda House of Assembly
The SpeakerThe SpeakerYou can congratulate him, yes. You must congratulate him.
The SpeakerThe SpeakerIf that is what you want to do.
Mr. Kenneth (Kenny) BascomeYes. I would just like to say to Mr. Crockwell, thank you very much on behalf of all Bermudians for the yeoman’s job that you performed. Thank you, sir.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. [Desk thumping]
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 33, MP Jamahl Si mmons.
Mr. Jamahl S. SimmonsMr. Speaker, I rise today to give congratulations to the mighty Somerset Eagles, who earned their promotion to the premier division. [Inaudible interjections]
An Hon. Member An Hon. MemberYes, Mr. Speaker!
The SpeakerThe SpeakerEagles, Eagles? Moved up to the first division?
Some Hon. Members Some Hon. MembersYes! That is right. Premier [division], Mr. Speaker.
Mr. Jamahl S. SimmonsAnd I think most of the House would like to be associated with that. It is a moment worthy of praise indeed. I would like to single out the striker, young Mr. Nathan Rego, in his per-formance.
An Hon. Member An Hon. MemberThat is right.
Mr. Jamahl S. SimmonsHe has got a very strong, promising career ahead of him, and I look forward to his exploits in the future. I would like to be associated with the condolences sent to the family of the mother of Ms. Tinee Furbert. She has been very helpful with us over the …
He has got a very strong, promising career ahead of him, and I look forward to his exploits in the future. I would like to be associated with the condolences sent to the family of the mother of Ms. Tinee Furbert. She has been very helpful with us over the years in the community, and we appreciate her sacr ifice and the time that she has given for us. And, Mr. Speaker, before I take my seat, I would like to join my colleague in thanking, congrat ulating, honouring, and recognising Ms. Enda Matthie, who continues to sit outside of Parliament. She continues to sit outside of Parliament on a hunger strike. And I want to congratulate her because she has taken not just a move that is unusual for Bermudians; we have a culture that tends to punish those who speak out, tends to ostracise. And she faced some horrific racial abuse online, horrific denigration. And she has stood strong. And it is unusual. I think this is probably the first time that I can think of in my memory that someone has ever sacrificed in this manner. And I think that we should recognise her. I hope that she will have due cause to complete her fast soon. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 18. MP David Burt, you have the floor.
Mr. E. David BurtThank you, Mr. Speaker. Mr. Speaker, first, I would like to associate myself with the congratulations that have been sent to the winners at the Outstanding Teen Awards. And I would like to give special recognition to one of my constituents, Ms. Nia Daley, who actually won two awards on …
Thank you, Mr. Speaker. Mr. Speaker, first, I would like to associate myself with the congratulations that have been sent to the winners at the Outstanding Teen Awards. And I would like to give special recognition to one of my constituents, Ms. Nia Daley, who actually won two awards on that evening. She won the Community Service Award, and she also won the award for Per-forming Arts. Now, Nia is a senior at the Berkeley I nstitute, and she will be graduating this year, and she will be off to attend Howard University in the fall, in the great city of Washington, DC. So I would wish her well. She is a fine constituent. She is a fine young lady. And it proves that we produce some excellent —
The SpeakerThe SpeakerWill you encourage her to go to GWU [George Washington University]? [Laughter]
Mr. E. David BurtMr. Speaker, it is not my choice. She is following the alma mater of her family. And that is her decision. Howard University is a fine institution.
Mr. E. David BurtAnd it is a fine institution. That school, most of its alumni . . . well, I will put it that way. To move on, Mr. Speaker, I would like to extend als o congratulations, keeping it local, to Pembroke West Central. I would like to extend my congratulations to …
And it is a fine institution. That school, most of its alumni . . . well, I will put it that way. To move on, Mr. Speaker, I would like to extend als o congratulations, keeping it local, to Pembroke West Central. I would like to extend my congratulations to the Western Stars Sports Club and the Dandy Town Hornets, who have won yet another premier league division title.
1558 21 March 2016 Official Hansard Report
Bermuda House of Assembly [Desk thumping]
Mr. E. David Bur tAnd I will most certainly associate the Honourable Member from constituency 16 and the Honourable Leader of the Opposition in the congrat ulations for the Western Stars Sports Club on their achievement, once again proving that they recently continue to be one of the most dominant teams in Bermuda’s football, …
And I will most certainly associate the Honourable Member from constituency 16 and the Honourable Leader of the Opposition in the congrat ulations for the Western Stars Sports Club on their achievement, once again proving that they recently continue to be one of the most dominant teams in Bermuda’s football, but continuing a very long run of lots and lots and lots of titles and trophies.
[Inaudible interjections]
Mr. E. David BurtYes, and a special shout -out to the Coach, Mr. Jomar Wilkinson. And finally, Mr. Speaker, I would like to add the congratulations on this side to the people of this country, for the demonstration of people power which we have seen over the last week, and especially that to …
Yes, and a special shout -out to the Coach, Mr. Jomar Wilkinson. And finally, Mr. Speaker, I would like to add the congratulations on this side to the people of this country, for the demonstration of people power which we have seen over the last week, and especially that to Ms. Enda Matthie, who kind of started that motion. It is gratifying to see people making sure they stand up to make sure that they are heard. And it is som ething that, as I told many persons when I came t owards the House on Monday, I was overcome with emotion. And it was certainly a powerful sight to see and to witness. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 2. MP Nandi Outerbridge, you have the floor.
Ms. Nandi OuterbridgeMr. Speaker, I just rise this morning on first a sad note, to send condolences to the family of Mr. Richard Santos. Mr. Santos was a former employee of the Department of Child and Fam-ily Services. I am going to associate the Shadow Min-ister of Community, Culture and Sports and …
Mr. Speaker, I just rise this morning on first a sad note, to send condolences to the family of Mr. Richard Santos. Mr. Santos was a former employee of the Department of Child and Fam-ily Services. I am going to associate the Shadow Min-ister of Community, Culture and Sports and the Minis-ter of Community, Culture and Sports, with those r emarks. On a lighter note, I just want to rise this mor ning to thank the organisers of the Palm Sunday Walk, which took place yesterday. MP Susan Jackson and I were there. The walk was very long. I did not think that it was going to be that long. We walked through Pembroke. But after my son’s tumbling down the marsh, we actually managed to finish, un- dramatically, in an hour and a half. So just want to thank the organisers of that because it was a great walk. And ever ybody who came out definitely enjoyed it. Before I take my seat, I just want to be ass ociated with the remarks by the Minister of Community, Culture and Sports on the congratulating of the 35 th Annual Sports Awards. I was in attendance last week, Thursday, and I can say that I was very impressed with the variety of nominees and the award winners who won. I must say I was rooting for my cousin, S akari Famous, to win the Junior Female Athlete of the Year, but she did not. Ms. Wollmann definitely deserved it, and I think everybody who got awards and the awardees were definitely well recognised. And they all have rep-resented Bermuda internationally in some form. And I think that is one thing that should be acknowledged, because these athletes do sacrifice their time. And I was definitely proud that night of everybody involved. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honour able Member. Members, that concludes our congratulatory and/or obituary speeches. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS O F URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThe Chair will recognise the Honourable Minister, E. T. Richards. Minister Richards. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. FIRST READINGS LAND TAX AMENDMENT (NO. 2) ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, I am intr oducing the following Bill, which according to section 36(3) of …
The Chair will recognise the Honourable Minister, E. T. Richards. Minister Richards.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.
FIRST READINGS
LAND TAX AMENDMENT (NO. 2) ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, I am intr oducing the following Bill, which according to section 36(3) of the Bermuda Constitution requires the Go vernor’s recommendation, so that it may be placed on the Order Paper for the next day of meeting: the Land Tax Amendment (No. 2) Act 2016.
The SpeakerThe SpeakerThank you, Minister. Carry on. I think you have a second one? Bermuda House of Assembly INTERNATIONAL COOPERATION (TAX INFORM ATION EXCHANGE AGREEMENTS) AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: That is correct, Mr. Speaker. I am introducing another Bill, the following Bill, for its first reading so that …
Thank you, Minister. Carry on. I think you have a second one?
Bermuda House of Assembly INTERNATIONAL COOPERATION (TAX INFORM ATION EXCHANGE AGREEMENTS) AMENDMENT ACT 2016
Hon. E. T. (Bob) Richards: That is correct, Mr. Speaker. I am introducing another Bill, the following Bill, for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Intern ational Cooperation (Tax Information Exchange Agreements) Amendment Act 2016.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Minister for Health, Seniors and the Environment, Minister Atherden. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (CONSEQUENTIAL AMENDMENTS) ACT 2016 Hon. Jeanne J. Atherden: Mr. Speaker, I am intr oducing the following Bill for its first reading so that it may be …
Thank you, Minister. The Chair will now recognise the Minister for Health, Seniors and the Environment, Minister Atherden.
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (CONSEQUENTIAL AMENDMENTS) ACT 2016
Hon. Jeanne J. Atherden: Mr. Speaker, I am intr oducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Department of Environment and Natural Resources (Consequential Amendments) Act 2016.
The SpeakerThe SpeakerThank you, Minister. That concludes the Government Bills. OPPOSITION BILLS
The SpeakerThe SpeakerThere are none. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerThe Chair will recognise the Honourable Minister of Finance, Minister Bob Richards. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I move that we resume to form the Committee of Supply for further consideration of the Estimates of Revenue and Expenditure for the year 2016/17.
The SpeakerThe SpeakerAre there any objections to that? There are none. So, I will ask, please, that the Deputy Speaker resume the Chair [of Committee]. [Pause] House in Committee at 11:37 am [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE OF SUPPLY ESTIMATES OF REVENUE AND EXPENDITURE FOR THE YEAR 2016/17 [Continuation thereof]
The ChairmanChairmanMembers, we are now in Committee of Supply for further consideration of the Estimates of Revenue and Expenditure for the year 2016/17. This is a 4.5- hour debate. We will be debating Community and Cultural Affairs. I call on the Minister in charge to proceed. Minister, if you would advise …
Members, we are now in Committee of Supply for further consideration of the Estimates of Revenue and Expenditure for the year 2016/17. This is a 4.5- hour debate. We will be debating Community and Cultural Affairs. I call on the Minister in charge to proceed. Minister, if you would advise of the heads that you will be covering.
MINISTRY OF COMMUNITY, CULTURE A ND SPORTS Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, I would like to move Heads 71, 20, 23, 52 and 55, which are the Ministry of Community, Culture and Sports Headquarters; Youth, Sport and Recreation; Child and Family S ervices; Community and Cultural Affairs; and Financial Assi stance.
The ChairmanChairmanPlease proceed. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, I will begin our debate of the Financial Year 2016/17 estimates of expenditure and revenue for the Ministry of Community, Culture and Sports by providing a brief overview of the Mini stry as a whole. I note …
Please proceed. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, I will begin our debate of the Financial Year 2016/17 estimates of expenditure and revenue for the Ministry of Community, Culture and Sports by providing a brief overview of the Mini stry as a whole. I note that the debate today will focus on Heads 71, 20, 23, 52 and 55. Madam Chairman, the summary of the Financial Year 2016/17 current account budget estimate for the Ministry is found on page B -225 of the Approved Estimates of Revenue and Expenditure for the [Fiscal] Year 2016/17 (in the Estimates Book). The Ministry’s total budget estimate for 2016/17 is $88.587 million. This represents an increase of approximately $6.247 million, or 8 per cent compared with the original est imate of $82.340 million for Fiscal Year 2015/16 (page B-225 of the Estimates Book). Madam Chairman, the breakdown of the Ministry’s current account budget estimates for 2016/17 by head (as shown on page B- 225) is as follows: • Head 18, Libraries —$1.861 million (5 per cent decrease); 1560 21 March 2016 Official Hansard Report
Bermuda House of Assembly • Head 19, Archives —$1.294 million (1 per cent decrease); • Head 20, Youth, Sport and Recreation— $9.055 million (5 per cent decrease) ; • Head 23—Child and Family Services, $15.90 million (7 per cent increase); • Head 52—Community and Cultural Affairs, $2.939 million (10 per cent decrease); • Head 55—Financial Assistance, $54.561 mi llion (11 per cent increase); • Head 71—Ministry Headquarters, $ 2.970 mi llion; • Ministry total is $88.587 [million], a total of an 8 per cent increase.
Madam Chairman, the summary shows that budgetary allocations for Heads 71, 23 and 55 have been increased for Financial Year 2016/17. I will dis-cuss these increases separately when I present the detailed information for each head.
[Pause] Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, I just lost the light here, so if you would give me a moment.
The ChairmanChairmanYes, indeed you did. [Pause] Hon. Patricia J. Gordon -Pam plin: Madam Chai rman, page B -225 also shows budgetary data for revenue and capital expenditure for the Ministry; I will also discuss these later in my presentation. Madam Chairman, first I will discuss the current account expenditure for Head …
Yes, indeed you did. [Pause] Hon. Patricia J. Gordon -Pam plin: Madam Chai rman, page B -225 also shows budgetary data for revenue and capital expenditure for the Ministry; I will also discuss these later in my presentation. Madam Chairman, first I will discuss the current account expenditure for Head 71, which is the Ministry Headquarters.
HEAD 71 —MINISTRY HEADQUARTERS
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, the Financial Year 2016/17 estimates of expen-diture and revenue for Head 71, the Ministry Headquarters, can be found on pages B- 226 to B -229 of the Estimates Book. Ministry Headquarters is respo nsible for the budget of two business units, the first be-ing Administration, which consists of mainly salaries, administration, and grant expenditure; and the second being the Mirrors Programme. Madam Chairman, the Ministry Headquarters embraces the Ministry’s overall vision to strengthen the social fabric of our community and supports the mission to provide service to the community by pr eserving our heritage, empowering our people, and developing and protecting our youth and families. The Ministry Headquarters strives to ensure good fiscal control across the Ministry and supports the Ministry’s core values of integrity, commitment to excellence and service, accountability, respect, and empowerment (I CARE, for short). Madam Chairman, page B -226 shows that the total budget allocation for the Ministry Headquarters for 2016/17 is $2.970 million, split between business units 81000, Administration ($2.039 million) and 81020, Mirrors Programme ($930,000). The total budget allocation represents a net increase of 23 per cent, or $550,000 more than the original 2015/16 budget of $2.420 million. Madam Chairman, the re asons for this increase will become evident as I pr ogress through my presentation. Business unit 81000, Administration (page B - 226). Madam Chairman, to assist honourable me mbers in understanding the Financial Year 2016/17 budget for business unit 81000, it is necessary to ex-plain by way of background information that during 2015 a review was undertaken of the Department of Human Affairs, including the Human Rights Commi ssion, resulting in the decision to transition the Com-mission from being an arm of the Department of H uman Affairs to a non- Ministry entity beginning in 2016/17. This transition will enable the Human Rights Commission to have a greater degree of autonomy that is more in line with international best practice. Madam Chairman, as part of this restructuring of the Department of Human Affairs (formerly Head 56), the department will be dissolved as of March 31, 2016, and the Human Affairs administration and policy functions that were previously under business unit 66000 will be transferred to the Ministry Headquarters (Head 71) under business unit 81000, commencing on April 1 st, 2016. Consequently, the Ministry Headquarters Administration business unit (81000) has an i ncrease in budgetary allocation for Financial Year 2016/17 of $362,000, or 22 per cent, according to page B -226. This reflects, in part, the transfer of two posts from business unit 66000 to business unit 81000, corresponding with an increase in full- time equivalent [FTE] positions from 10 to 12 in the Minis-try Headquarters, as shown on page B- 227. I note for clarity, Madam Chairman, that from 2016/17 onward, the Human Rights Commi ssion will appear in the Estimates Book as a non- Ministry D epartment under Head 56, as shown on pages B -17 to B-19, and as debated in Committee of Supply in this Honourable House week before last, Wednesday, the 9 th of March. Business unit 81020, the Mir rors Programme (page B -226). Madam Chairman, I will now present information for business unit 81020, the Mirrors Pr ogramme. Madam Chairman, the landscape for youth development is constantly shifting. But in the face of evolving technology and new standards at the educ ational and community levels, one thing is certain: Mirrors is a programme that grows with the changing landscape and its focus on personal -development matters. Mirrors is driven by its passion for safeguar ding Bermuda’s youth, rigorous programme evaluation,
Bermuda House of Assembly eight years of experience, and the results to every student and adult whom they lead. Madam Chairman, the Mirrors Programme increases human capital at the societal level by pr oviding alternative programming through transformation training and coaching for youth and adults, with the goal of producing a high performance culture for youth in education, employment, and reduction in offending/antisocial behaviour. It plays a role in helping to remove obstacles that prevent successes and pr ovides support to encourage youth to achieve their highest potential. To date, Mirrors has worked with 1,350 youth and 2,254 adults. Madam Chairman, the budget allocation for the Mirrors Programme for Financial Year 2016/17 is $931,000, which represents an increase of $188,000, or 25 per cent over Financial Year 2015/16, as shown on page B -226. This allocation will allow Mirrors to hold one intensive residential cycle for the 15- to 18year-old participants (the Community Programme) with associated trainings, one parent workshop, and five middle school workshops (Coaching for Success Programme). I will explain the increase in budget all ocation for Mirrors in the next section dealing with the subjective analysis of current account estimates. Madam Chairman, the Subjective Analysis of Current Account Estimates is found on page B -227. It is important to point out that many of the increases shown in various line items under the subjective analysis are due in part to absorbing the administr ation and policy functions of the former Department of Human Affairs (previously Head 56) into the Ministry Headquarters (Head 71), business unit 81000. Madam Chairman, the increase in salary - related expenses for business unit 81000 of $202,000 is directly attributable to the transfer of two posts from business unit 66000 to business unit 81000, as shown on page B -227. Other Personnel Costs —Madam Chairman, this line item shows a decrease of $3,000 and means that no bonuses will be issued for Financial Year 2016/17 in the Ministry Headquarters as a cost -saving measure. Training— Madam Chairman, budget allocated for training is $224,000 in Financial Year 2016/17, an increase of $160,000 over the budget allocation for Financial Year 2015/16. The increase in training budget reflects the increase in local training costs for services for the Mirrors Programme at a time when in-kind services and corporate grants have decreased. Travel —Madam Chairman, travel expenditure is budgeted at $63,000 in 2016/17, which represents an increase of $13,000 over 2015/16. Almost half of the increase ($7,000) is to offset increases in local transportation costs (that is, bus fees, rental costs for boats, and trucking fees) and local accommodation costs for overseas consultants in connection with the Mirrors Programme. The remaining $6,000 is assoc i-ated with the transfer of the Human Affairs administr ation function to the Ministry Headquarters. Communications, Advertising and Prom otions —Madam Chairman, budget allocated for communications is $21,000 in 2016/17, an increase of $1,000 over the previous year, and represents a small increase for the Mirrors Programme. Advertising and promotion is budgeted at $11,000 for 2016/17, an i ncrease of $4,000 from the prior year. Loss of in- kind services for the Mirrors Programme has caused an increase in this line item, in- kind services such as external agencies, and internal and sister agencies. Professional Services —Madam Chairman, Professional services are budgeted at $303,000 for 2016/17, which represents an increase of $123,000 in comparison to the prior year. Approximately $40,000 of that increase is due to higher local consulting ser-vices connected with the Mirrors Programme, whilst the remaining portion of the increase (about $80,000) reflects professional services associated with the administration and policy functions of Human Affairs that have been absorbed by Ministry Headquarters, includ-ing legal services, local consultant services, and board and committee fees. Rentals —Madam Chairman, at the time the budget was prepared, the relocation plan for staff from the former Department of Human Affairs to Ministry Headquarters was not confirmed, and thus an alloc ation of $57,000 was made for rental cost for 2016/17. Madam Chairman, it should be noted that this expe nditure is under review, and it appears that it will be possible to not incur this rental cost during 2016/17 by finding suitable space in Government -owned premises. Repair and Maintenance/Materials and Supplies—Madam Chairman, the budget allocated for R&M i s $25,000 in 2016/17, which represents an i ncrease of $8,000 from the prior year. Budget allocated for materials and supplies is $48,000 in 2016/17, which represents an increase of $10,000 over the prior year. As the Ministry Headquarters adjusts to incorporating the administration and policy function previously associated with the former Department of Human Affairs, these costs are expected to be lower than budgeted. Energy —Madam Chairman, the budget allocated for energy is $9,000 for this upcoming fiscal year, which represents an increase of $7,000 from the prior year. As noted previously, it is expected that some of this cost will be avoided by relocating staff transferred from the Department of Human Affairs to Government -owned premises. Equipment (minor capital) —Madam Chai rman, the Ministry Headquarters does not expect to purchase any minor capital equipment in 2016/17; hence, there is no change in the allocated budget of $1,000 from the prior year. 1562 21 March 2016 Official Hansard Report
Bermuda House of Assembly Other Expenses —Madam Chairman, the all ocated budget of $1,000 for other expenses relates to bank charges and commission fees. Grants and Contributions —Madam Chairman, the allocated budget for grants and contributions in Ministry Headquarters is $553,000, a net reduction of $30,000, or 5 per cent compared to the prior year. Page C -18 of the Estimates Book shows that this is due to a decrease in the allocation for parish council commitments of $55,000 and an increase of $25,000 in the allocation that Ministry Headquarters can use for small grants to local org anisations. Performance Measures (pages B -228 to B - 229)—Madam Chairman, as shown on page B -228, the key output measures for business unit 81000, Administration, all reflect very good performance, and this is expected to continue during 2016/17. Madam Chairman, performance measures, mainly output measures for the Mirrors Programme, are outlined on pages B- 228 to B -229. Generally, performance to the end of 2015/16 is forecast to be very good across all parameters measured. One personal transformation intensive intervention with associated trainings was held in November 2015 for 26 youths aged 15 to 19. These youths are currently in the nine - month follow -through phase to prevent future problem behaviours that could lead to academic failure, offending, lack of employability skills, substance abuse, and violence. Madam Chairman, the revised figures for 2015/16 show that 329 middle school students partic ipated in six youth academies, compared with 312 st udents in Financial Year 2014/15. The Mirrors mentor-ing programme will be phased out to allow Mirrors to focus on coaching at the middle and high school le vels. The intention is to support the Big Brothers and Big Sisters organisation for mentoring services. Madam Chairman, the Mirrors Programme post programming data indicate that 82 per cent of past participants committed to education through graduation or enrolment in education, 92 per cent have not offended or reoffended, and 41 per cent are employed. The majority of programme evaluations for youth and adult s suggests very good satisfaction with the content and experience of the programme. Madam Chairman, in Financial Year 2014/15, Mirrors completed the first phase of accreditation under the Bermuda National Standards Committee and has maintained that standing throughout 2015/16. Madam Chairman, the Mirrors Alumni and Friends Association supported Mirrors in raising $122,000 in 2014/15 through the Taking a Stand for Youth campaign and corporate grants. The alumni have pledged to continue to support fund develo pment for Mirrors future programming and to create networks to support participants post programming. Mirrors staff trained coaches under the alumni at the request of past participants who requested ongoing services. Madam Chairman, Mirrors will continue its partnership with the Mirrors Alumni and Friends Ass ociation to execute a fund- development strategy to be able to utilise resources and in- kind services from vendors, which supported Mirrors programming in 2015/16. This approach is expected to continue in 2016/17 and can be loosely described as a growing public/private partnership between Government and the corporate community. Madam Chairman, the Mirrors Alumni and Friends Association has agreed to support fund d evelopment through the Ed Bloc k Bermuda Celebrity Classic , an event planned for July 2016, which is designed to generate funding for at -risk youth under the Mirrors Programme. The long- term goal is to break the cycle of abuse and neglect and to lay the foundation for generations of safe and nurturing families through the establishment of a partnership with the Courage House National Support Network for Kids in associ ation with the Ed Block Courage Award Foundation, Inc. Madam Chairman, Mirrors staff members continue to demonstrate their commitment and passion in professional development in coaching and the transformation methodology to better serve programming needs. Through the partnership with the alumni char-ity, Mirrors expects to acquire training in quantum learning to serve the growing requests from schools for support to impact student achievement. The staff members have different backgrounds and strengths, but they have one critical thing in common: they are all passionate about our youths’ success. Madam Chairman, Dr. Leslie Steede, an external evaluator, completed an evaluation of the Mi rrors Programme’s performance this past year, includ-ing comparisons of cohorts 4 through 10. The performance measures for the Mirrors Programme on pages B -228 to B -229 are consistent with past a ccomplishments. They demonstrate significant suc-cesses in transforming the lives of at -risk Bermuda youth in the following areas: self -esteem, life asses sment, goal setting and attainment, and reduced crim inal and antisocial behaviour. Societal level perf ormance for graduation is at 81 per cent two years post programming; college enrolment is at 15 per cent; and criminal offending is at 2 per cent, representing a 98 per cent success rate of law -abiding citizens. Madam Chairman, some 98 per cent of participants (both youths and adults) indicate that, over-all, the Mirrors Programme has had a “beneficial i mpact on me personally” (that is a quote), and 95 per cent indicate they have more confidence in their own potential to achieve whatever they want. These measures demonstrate the strength of personal development and the overall accomplishments of the Mirrors Programme in adding value to our community. Madam Chairman, I would like to take this opportunity to sincerely thank the volunteers, corpo-rate Bermuda, and everyone on the Mirrors team for
Bermuda House of Assembly their commitment to the development of Bermuda’s youth. Capital Acquisitions (page C -13)—Madam Chairman, with respect to Capital Acquisitions, as shown on page C -13 of the Estimates Book, capital funds in the amount of $400,000, previously allocated to the Ministry Headquarters to establish a Human Services software system, was re- allocated to the D epartment of Child and Family Services in Financial Year 2015/16. The Ministry’s intention is to take a modular approach to implementation, with emphasis being placed first on improving data management and decision -making in the Department of Child and Family Services. The ultimate objective is to integrate social services data across the Ministry and Government - wide, and also interface with external human services organisations. The process of vendor selection was completed in 2015/16 and work is now expected to commence in 2016/17 (as shown on page C -13). Madam Chairman, this concludes my presentation of the allocation for Financial Year 2016/17, the budget for Head 71, the Ministry Headquarters.
HEAD 20 —YOUTH, SPORT AND RECREATION
Hon. Patricia J. Gordon -Pamplin: I now turn to Head 20, the Department of Youth, Sport and Recreation, and presenting those estimates as can be found on pages B -238 through B -243 for this coming year. Madam Chairman, the mission of the Depar tment of Youth, Sport and Recreation is to advance amateur sport, recreation and youth development for all—from leisure activity to athletic excellence—a nd to strengthen the significant contribution that these initi atives make towards the enhancement of the quality of life for the total community. Madam Chairman, the budget allocation for nine programmes under the Department of Youth, Sport and Recreation [YSR] in 2016/17 is $9.055 mi llion (pages B -239 and B -240). This is a decrease of $486,000, or 5 per cent in comparison to the original allocated budget of $9.541 million for Financial Year 2015/16. The estimate of revenue for 2016/17 is $587,000, as shown on page B -241. Madam Chairman, $2.687 million is allocated for salaries in 2016/17 and $2.074 million for wages, as shown on B -240). The FTE [full -time equivalent] count for Financial Year 2016/17 stands at 98, which is a 5 per cent decrease in staff in comparison to 2015/16, which can be seen on page B -241. Madam Chairman, the budget allocation for grants and contributions for 2016/17 is $2.667 million, as shown on page B- 240, which is a decrease of $8,000 in comparison with the prior year’s budget. This allocation will be disbursed as follows: • Sports Development Bermuda Football Ass ociation, $300,000; • YSR Swimming Programme, $25,000; • Bermuda Sport Anti -Doping Authority, $650,000; • Bermuda Cricket Board, $100,000; • Bermuda Olympic Association, $150,000; • To be allocated among 34 National Sports Governing Bodies (NSGBs), $342,287. The subtotal for Sports Development is $1,567,287. Sports Incentives and Awards Programmes: • Elite Athlete Fund, $100,000; • National Jr. Sponsorship, $50,000. The subtotal for the Sports Incentives and Awards Programme is $150,000. Sports Facilities Management: • National Stadium Trustees, $800,000. That is the subtotal or that area. Youth Development: • Youth Grants, $15,000. And that is the subtotal for that area, giving the com-ponent parts a grand total of $2.667 million.
There are no funds allocated for capital development or capital acquisitions for 2016/17, as shown on page C -13. Programme 2001, Administration and Sports —Madam Chairman, page B -239 shows that the budget allocation for business unit 30045, General Administration, for 2016/17 is $1.401 million. These funds provide for the administration and operations of the Youth, Sport and Recreation Department’s Head-quarters, which is located in the Craig Appin [House] Building at 8 Wesley Street, Hamilton. In addition, the Administration Section provides administrative support for the other eight programmes within the department and is responsible for monitoring departmental spend-ing to ensure that policies and procedures are adhered to in achieving economy, efficiency and effectiveness. The full -time equivalent count for administr ation and sports is 12 for 2016/17, which is consistent with 2015/16, as shown on page B -241. Programme 2002, Sports Development, Madam Chairman, the department provides for its Sports Development Programme through business unit 30055, Sports Programmes. The Financial Year 2016/17 budget allocation for business unit 30055 has been increased by $38,000 to $1.638 million, as shown on page B -239. This allocation includes grants for the National Sport Governing Bodies (NSGBs) in the sum of $1.242 million, and the Bermuda Football Association (BFA) of $300,000. Under the strict co ntrol of the Sports Development Section, the depar tment continues to ensure that funds used by the NSGBs are for the development of sport for Bermuda’s senior and junior athletes. Business unit 30055 also provides for a grant of $25,000 for YSR’s Departmental Summer Swimming programme, as shown on page C -19. An additional $71,000 in operating costs is covered under this business unit. 1564 21 March 2016 Official Hansard Report
Bermuda House of Assembly Madam Chairman, this business unit also includes a grant of $650,000 to the Bermuda Sports Anti-Doping Authority (BSADA). This agency, which is affiliated to the World Anti -Doping Agency (WADA), is one of the most important financial items within the Sports Development Section. The Bermuda Sports Anti-Doping Authority remains the National Anti - Doping Organisation [NADO] for Bermuda. Without the functional presence of this organisation in Ber-muda, it would simply mean that Bermuda would not be able to participate in any international sporting events abroad or host any international sporting events locally. It must be noted that BSADA is in the final phase of developing an Illicit Drug Policy for sports in conjunction with the NSGBs. The final document will be presented to Cabinet for ratification. Madam Chairman, during 2016/17, the department intends to continue focusing on the devel-opment of our senior and junior athletes by supporting the NSGBs through the grant process. The Depar tment of Youth, Sport and Recreation knows that wit hout this support, many of the athletes will not reach their optimum potential. The department will also con-tinue to work with other Government agencies to maintain the department’s sporting and recreational facilities and will continue hosting sporting events to honour our past and present sporting personalities. Madam Chairman, 2015 marked the 35 th anniversary of the Government’s Sports Awards. The department received a record number of nominations. At the conclusion of this event, the department pr esented 30 awards including achievement awards, cit ation awards, and awards to the male and female at hletes of the year at both the senior and junior levels. And you will note, Madam Chairman, that the winners of those particular categories were congratulated during the congratulatory session of today’s House. In addition, for the first time the committee presented junior achievement awards to the top junior athletes in the country. With the inclusions of these awards, the junior and senior athletes and sports administrators were fully recognised for their contributions to sports in Bermuda and internationally. Madam Chairman, I am pleased to report that senior officers within the department continue to work with many of the major stakeholders to progress the action points identified by NSGBs and included in the National Sports Policy released in July of 2014. In the first instance, action teams are focusing on pr ogrammes that require minimal funding and yet are vital to the continued development of sports in Ber-muda. In addition, the department plans to host a sports development conference for sports clubs d esigned to assist the local sporting clubs with fundrais-ing, sports governance and sports development. The department will continue to enhance its social media platform that serves as both an information portal and an avenue to celebrate the athletic achievements of Bermuda’s athletes. Programme 2003, Sports Incentives and Awards, Madam Chairman, there is no change in the budget allocation for business unit 30030, Athletic Awards, which stands at $150,000, as shown on page B-239. These funds will continue to support, encourage and provide incentives to our senior and junior athletes to strive for excellence in their personal d evelopment. The Elite Athletes Fund of $100,000, shown on page C -23, is managed by the Bermuda Olympic Association, who prescribes the requirements for athletes to receive funding having met a local A, B or C standard in their development. Junior athletes are provided assistance through the Junior Athlete Sponsorship Fund of $50,000, as shown on page C - 22, which is provided to one athlete per sport, as the most promising up- and-coming athlete. This sponsorship enables exposure to overseas training, coaching or competition, which enhances development. Programme 2004, Sports Facilities Management, Madam Chairman, the department carries out sports facilities management across five business units, with allocat ions totalling $1.485 million as follows (see page B -239): • Business unit 30060, Sports Facilities, the budget is $887,000; • Business unit 30075, WMC Preece Softball Stadium, $135,000; • Business unit 30080, WER Joell Tennis St adium, $352,000; • Business unit 30090, Motor Sport Park, $64,000; and • Business unit 30390, Sports Community Fields, $47,000.
Madam Chairman, funding in business unit 30060, Sports Facilities, includes funding for the N ational Sports Centre’s operational grant of $800,000 for Financial Year 2016/17, which is a decrease of $50,000, or 6 per cent compared to 2015/16. This funding is designated for the operation and maint enance of the National Sports Centre and also provides for the maintenance of the department’s parks (30090) and recreational fields (30390). Costs include cleaning supplies, trash rece ptacles, trash bags, field- marking paint, agricultural supplies and specialised equipment needed for the upkeep of these facilities. The WMC Preece Softball Stadium (30075) provides for one f ull-time and one part-time employee to maintain the grounds and i ncludes cost for materials, supplies and electricity. The WER Joell Tennis Stadium (30080) employs four full -time and two part -time employees. A dditional operating costs are also included in this bus iness unit. The total FTE’s count under sports facilities management is 10 in Financial Year 2016/17, which is consistent with 2015/16 as shown on page B -241. Programme 2005, Youth Development, Madam Chairman, page B- 239 shows the allocated budget of $424,000 for two business units under
Bermuda House of Assembly Youth Development Programme for 2016/17. This represents a decrease of $4,000, or 1 per cent compared to the prior year. Youth Development Administration, business unit 30210, will receive a budget allocation of $274,000 for 2016/17, which covers sal aries and administrative overheads and is a decrease of $4,000, or 1 per cent from the prior year. In 2016/17 the full -time equivalent count for Youth Development is three, which is consistent with 2015/16. Offering opportunities in youth development plays a fundamental role in supporting Bermuda’s youth. The department will strengthen its outreach via numerous community partnerships as part of its continued focus on developing youth through sport and recreation. The development of a policy framework with guidelines on best practices to develop our youth will be a major focus of the department in 2016/17. Madam Chairman, page B -239 shows that business unit 30350, Youth Grants, has an allocated budget of $150,000 for 2016/17, unchanged from the prior year. In keeping with the department’s philos ophy inspired by the National Sports Policy, which was released in 2014, a portion of Youth Grant funding will be allocated to assist local community sports clubs to develop afters chool programmes that are sports and recreation orientated. These programmes must i nclude 40 developmental assets and Character Counts programmes. The staff of the Department of Youth, Sport and Recreation will be available to assist the community sports c lubs with developing their afterschool programmes. Madam Chairman, similar to 2015/16, no funding has been provided for business unit 30360, Youth Services, in 2016/17, as shown on page B -239. However, the department will continue liaising with youth services agencies in order to provide strategic planning, identify best practices and provide opport unities for networking, especially between the agencies and the sporting fraternities. In addition, the Senior Youth Services Development Officer will participate in third-sector meetings and trainings such as the Chi ldren’s Agenda, to ensure Government has adequate representation. Madam Chairman, the Department of Youth, Sport and Recreation Youth Policy Framework will be disseminated for roundtable discussion and feedback. The National Youth Development Policy will provide guidance towards future strategic planning in youth services. The policy will identify the building blocks of successful development and assist with the designing of services and programmes to create this foundation. Programme 2006, Community Centres, Madam Chairman, the budget allocation for the department’s three community centres, the Centre in Hamilton (30120), St. George’s Community Centre (30130) and Sandys Community Centre (30146) has been set at $1.307 million, which is a decrease of $192,000, or 13 per cent, compared to budget alloc ation in 2015/16. The Community Centres full -time equivalent count is 22 for 2016/17, which is a reduction of five FTEs, or 19 per cent, compared to 25 in 2015/16, as shown on page B- 241. Madam Chairman, the three community ce ntres provide an immeasurable opportunity for Ber-mudians of all ages to experience positive recreational opportunities, starting with the very young. The centres offer safe, structured programming, compassionate staff and an opportunity to build positive and effective relationships. As with all Youth, Sport and Rec-reation programmes (this is becoming a tonguetwister for me, Madam Chairman), the community cen-tres are invested in the 40 Developmental Assets, which are considered by researchers at the Search Institute, a non- profit organisation in Minneapolis, Minnesota, to be the building blocks of healthy youth development. The developmental assets are 40 va lues, experiences, relationships and qualities that bring many benefits to the young people who have them. Asset building is alive and well in the Bermuda Government community centres. Madam Chairman, the music programme, one of the programmes offered at all three community cen-tres, i s a fine example of asset building, as children are exposed to the performing arts from an early age. Another programme, the youth advisory committees, also offered at all three centres, give guidance on which programmes would be popular. For example, in addition to the traditional classical music programme offered, DJ and recording programmes are also avai lable. All community centres offer a seniors’ pr ogramme. The Counsellor in Training (CIT) Programme continues to be a great success at all community cen-tres. A total of 22 persons are employed at the three centres —16 full -time and six part -time, as shown on page B -241. In Financial Year 2016/17 there is a r eduction of five personnel, or 19 per cent, in compar ison with 2015/16, due to attrition. Programme 2007, Camping, Madam Chai rman, the department’s Camping Programme has a budget allocation of $1.021 million for Financial Year 2016/17, which is a $131,000 decrease, or 11 per cent, compared to 2015/16, as shown on page B -239. The budget allocation for the Camping Pr ogramme provides for the staffing, operation and administration of five camping facilities, including mai ntenance, repairs, supplies, energy, fuel, wages and the marine vessels’ operations. In 2016/17, the Cam ping Programme includes a total of nine full -time e mployees, eight of whom maintain the facilities and the marine vessels and one who is responsible for the administrative duties, which is consistent with Finan-cial Year 2015/16, as shown on page B -241. Madam Chairman, the camping facilit ies include: • Darrell’s Island, which is the largest facility and accommodates 14 rustic campsites, accommodating 30 campers at each site. It also 1566 21 March 2016 Official Hansard Report
Bermuda House of Assembly houses a building which accommodates 30 campers; • Messina House is the only land- based cam psite. This site is located at Boaz Island, Sandys, and can accommodate a maximum of 34 campers; • Paget Island is located in St. George’s harbour and has the largest building or single campsite, accommodating a maximum of 95 campers; • Ports Island is the oldest camping facility. It houses a building that accommodates a maximum of 45 campers; • White’s Island is used sporadically for overnight tent camping. It is primarily used for basic swimming instruction by the Bermuda Amateur Swimming Association and rowing instruction by the Bermuda Rowing Associ ation.
Programme 2008, School Age Activities, Madam Chairman, the budget allocation for the School Age Activities programme business units has decreased from 2015/16 by $38,000, or 4 per cent, to $859,000 in this next budget. Although there has been a small decrease in funding, the amount allocated will continue to help promote and support leisure and recreation activities, including local day -camping during school breaks. This programme supports approximately 800 school aged children and is housed at various preschools, primary schools and middle schools throug hout the Island. There is a special needs programme that provides one- on-one care for children who require special needs. The Special Needs Camp is incorporated in the School Age Camps and allows for total inclusion of all students. Approximately 170 part -time employees conduct this programme and are supervised by qualified teachers. It should be noted that 80 per cent of the part -time staff are university, college and high school students. Besides the part -time employees, programme business unit 2009, School Age Activities, employs 16 full -time equivalents in 2016/17, which is consistent with the prior year, as seen on page B -241. Madam Chairman, included in this programme are three Pre- school Age Camps. Children in these programmes are in their final year of pre- school. The camps are very successful and were created specif ically for the transition of these children from pre-school to their first year in primary school. Also included under this programme for 2016/17 is an allocated budget of $87,000 for specialty camps for middle school age children (business unit 30185), which is a decrease of $14,000, or 14 per cent, compared to the prior year. This programme supports up to 100 middle school children and f ocuses on the social and unique development of st udents at this age. This funding provides for staff, books, materials, visits to businesses and community helping services, and supplies and equipment, which help to develop t he whole child. Programme 2009, Afterschool Programmes, Madam Chairman, the Afterschool Programmes oper-ated by the Department of Youth, Sport and Recrea-tion provide for staffing, communications materials and supplies for 10 programmes at the Government Primary Schools. The budget allocation for this bus iness unit (30125) for Financial Year 2016/17 is $770,000, which is a decrease of $27,000, or 3 per cent, from 2015/16, as shown on page B -240. The programme supports a maximum of 400 primary school -aged children across the 10 schools and employs approximately 50 part -time employees and 26 full-time employees in Financial Year 2016/17. Subjective Analysis . . . It might be time to break for lunch. Madam Chairman, I believe because we are now just about at the lunch break, instead of going through the subjective analysis at this point, it might be a good time to break.
The ChairmanChairmanThat would be a good time rather than starting a new head. That is perfect. The Chair recognises the Premier. Premier? Hon. M ichael H. Dunkley: Thank you, Madam Chairman. I move that we adjourn for lunch and come back at two o’clock.
The ChairmanChairmanIt has been suggested that we adjourn for lunch. Are there any objections to that? It is now 12:24. We will adjourn to 2:00 pm. Thank you, Members. [Gavel] Proceedings suspended at 12:24 pm Proceedings resumed at 2:00 pm [Hon. Dennis P. Lister, Chairman] COMMITTEE OF SUPPLY ESTIMATES OF REVENUE …
The ChairmanChairmanWe are resuming the Committee of Supply. We are debating the budget Head or the Mi nistry of Youth, Sport and Culture. The Minister Pat Gordon- Pamplin is on the floor delivering her debate. You can continue, Minister. Bermuda House of Assembly MINISTRY OF COMMUNITY, CULTURAL DEVE LOPMENT AND SPORT …
We are resuming the Committee of Supply. We are debating the budget Head or the Mi nistry of Youth, Sport and Culture. The Minister Pat Gordon- Pamplin is on the floor delivering her debate. You can continue, Minister.
Bermuda House of Assembly MINISTRY OF COMMUNITY, CULTURAL DEVE LOPMENT AND SPORT
HEAD 20 —DEPARTMENT OF YOUTH, SPORT AND RECREATION
[Presentation continuing] Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Chairman. Mr. Chairman, good afternoon. Just prior to lunch I had just concluded programme 2009, the After School Programme, and I was just ready to get into the Subjective Analysis, which is found on page B - 240.
Salaries
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, page B -240 shows the budget allocated for salaries is $2,687,000 for Financial Year 2016/17. T his signif icant increase of $855,000, or 47 per cent, is a result of the transfer of part -time positions to 12 full -time posts, which employees are paid on a monthly basis.
Wages
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, in 2016/17 the allocated budget for wages is $2,074,000 which is a decrease of $1,116,000, or 35 per cent, compared to the original allocated budget for Financial Year 2015/16. This considerable decrease in expendi-ture for wages is based on a decrease in the number of persons hired in part -time or miscellaneous posts within the Department of Youth, Sports and Recre ation.
Other Personnel Costs
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the budget allocation is $96,000 for other personnel costs in 2016/17 and it is consistent with 2015/16, as it is anticipated that there will be no increase in housing allowance from the Department of Works and Engi-neering in 2016/17. And that housing allowance is related to rent for the [camping] islands, as well as for Messina House and the caret akers.
Training
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, in 2016/17, $13,000 has been allocated to training for the financial year. The Department of Youth, Sport and Recreation’s succession plan has prioritised courses for its employees, which will result in cost savings of $7,000, or 35 per cent compared the budget allocation of $20,000 in 2015/16. Transport Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the budget allocation for 2016/17 is $8,000 which is con-sistent to the allocation in 2015/16.
Travel
Hon. Patricia J. Gordon- Pamplin: Mr. Chairman, as shown on page B -240 the allocation is $29,000 for travel in 2016/17 and this is a decrease of $12,000, or 29 per cent compared to the allocation of $41,000 in the prior year. The department was able to reduce the expenditure for travel by encouraging more local, in-house activities rather than activities and conferences held abroad.
Communications Hon. Patricia J. Gordon- Pamplin: Mr. Chairman, cell phone and BlackBerry packages with local m obile ca rriers have been renegotiated, which has led to DYSR having a cost savings for communications of $33,000, or 28 per cent for 2016/17. The allocated budget for 2016/17 is $86,000 (as shown on page B- 240) compared to the budget allocation of $119,000 for the prior year.
Advertising and Promotion
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the budget allocation for advertising and promotion is $37,000 for 2016/17 which is a decrease of $2,000, or 5 per cent compared to the allocation of the prior year, which was $39,000. In 2016/17, the department will utilise its website, which is http://www.youthandsport.bm and more social media such as Facebook, Twitter, et cetera.
Professional Services
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, $171,000 has been allocated to professional services for 2016/17 which is a decrease of $10,000, or 6 per cent compared to the 2015/16 allocated budget of $171,000. Due to this reduction the Department of Youth, Sport and R ecreation in 2016/17 will be utili sing more in- house services rather than hiring outside vendors.
Rentals
Hon. Patricia J. Gordon- Pamplin: Mr. Chairman, as shown on page B -240, the budget allocation for rentals is $458,000 for 2016/17, which is a decrease of $5,000, or 1 per cent compared to $463,000 in 2015/16.
Repairs and Maintenance Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocation for Repairs and Maintenance is $216,000 1568 21 March 2016 Official Hansard Report
Bermuda House of Assembly for 2016/17 compared to the 2015/16 original alloc ation of $244,000. This decrease of $28,000, or 11 per cent is a result of a combination of reductions in the amount spent on hiring outside vendors to carry out repairs to grounds and facilities that come within the Department of Youth, Sport and Recreation.
Insurance
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the department anticipates that one vehicle will be class ified as a write off in 2016/17, resulting in the depar tment entering into fewer policies to insure their vehicles. The allocated budget in 2016/17 for insurance is $18,000 and this is a $1,000, or 5 per cent decrease compared to the 2015/16 allocation of $19,000.
Energy
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, $214,000 has been allocated to energy for 2016/17 compared to the allocation of $228,000 for the prior year, which is a decrease of $14,000, or 6 per cent (as shown on page B- 240). In 2016/17, the depar tment continues to encourage staff to assist in con-serving the department’s energy, i.e., by turning off lights, shutting down equipment when not in use, which will assist in reducing expenditure spent on this line item. Clothing, Uniforms and Laundry
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Department of Youth, Sport and Recreation will limit the number of uniforms provided to emplo yees in 2016/17. [There has been] a budget allocation of $18,000 for clothing, uniforms, and laundry which is a reduction of $5,000, or 22 per cent compared to the allocation of $23,000 for the prior year.
Materials and Supplies
Hon. Patricia J. Gordon -Pamplin: As shown on page B -240, $214,000 is the budget allocation for m aterials and supplies in 2016/17. This allocation is a decrease of $77,000, or 26 per cent compared to the prior year’s original allocation of $291,000. Materials and supplies will bee n reduced in 2016/17 due to the department consolidating purchasing of materials and other shared resources (i.e., paper).
Equipment (Major/Minor Capital)
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocated budget for equipment in Financial Year 2016/17 is $25,000 which is a decrease of $17,000, or 40 per cent compared to Financial Year 2015/16 all ocation of $42,000. This significant decrease in cost for equipment in 2016/17 is a result of the Department of Youth, Sport and Recreation adopting the practice of sharing equipment throughout the department.
Other Expenses Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, $34,000 is allocated to other expenses in 2016/17 compared to 2015/16 when the allocation was $40,000. There is a decrease of $6,000, or 15 per cent between 2015/16 and the upcoming fiscal year, which is a direct effect as a result of the reduction in training as food, drink, accommodations will no longer be required.
Grants and Contributions
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocated budget for 2016/17 is $2,667,000 for grants and contributions, which is a decrease of $8,000 compared to $2,675,000 in the prior year.
Youth, Sport and Recreation —Revenue Hon. Patricia J. Gordon- Pamplin: Mr. Chairman, as shown on page B -241, it is anticipated that the rev enue for the department will be $586,000 for the ens uing year, which is a minimal increase of $1,000 compared to the prior year. Revenue will be generated from programme registration, after school vouchers, as well as from rental of boats and equipment. Mr. Chairman, I would like to take this opportunity to sincerely thank all of the dedicated staff of the Department of Youth, Sport and Recreation for the work they do in advancing and recognising the signif icant contributions made by our sportsmen and sportswomen and the pivotal role they play in helping our youth achieve their true potential. This department is led very ably by Director Norbert Simons and his wonderful staff. Mr. Chairman, this ends my presentation for the 2016/17 budgetary allocation for Head 20, the D epartment of Youth, Sport and Recreation.
HEAD 23 —DEPARTMENT OF CHILD AND FAMILY SERVICES
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, I will now discuss Financial Year 2016/17 estimates of expenditure and revenue for Head 23, which is the Department of Child and Family Services, which can be found on pages B -244 to B -249 of the Estimates Book. Mr. Chairman, the Department of Child and Family Services is responsible for promoting and pr otectin g the best interests and social well -being of chi ldren, adults, and families in order to enhance their social functioning and their quality of life. These ser-vices are mandated under the Children Act 1998 (“the Act”). The purpose of the Act, is “to protect children
Bermuda House of Assembly from harm, to promote the integrity of the family and to ensure the welfare of children.” In order to achieve this mandate the department provides day care ser-vices; care and protection services for children; and residential, home based and counselling services for adolescents and families. Mr. Chairman, the Department of Child and Family Services is in the final stages of implementing a comprehensive and integrated system with one en-try point for all their programmes and services. The goal is to ensure appropriate assessment of referrals to determine the best service response. The identified needs of the child and family are defined in an inte ragency service plan that engages and assesses chi ldren and families throughout the process. Mr. Chairman, the Department of Child and Family Services is commissioned to provide a seam-less service to ensure the safety of children while strengthening the well -being of families. In order to fulfil its legislative mandate, the department operates four programmes: • Programme 2301, which is Services to Chi ldren and Young Persons; • Programme 2302, Services to Individuals and Families; • Programme 2303, Residential Treatment Services; and • Programme 2304, Administration.
2Mr. Chairman, there is a budget allocation of $15,907,000 for the Department of Child and Family Services for the ensuing year as shown on page B - 245. This represents an overall increase of $998,000, or 7 per cent when compared to the budget allocation for 2015/16. As shown on page B -247, the restructuring of the Department of Child and Family Services does not increase the full -time equivalent count, which remains at 95, in the ensuing year, consistent with that of the past year as shown on page B- 247. The breakdown of the departments total full- time equi valents will be discussed in turn under each pr ogramme/business unit.
Programme 2301— Services to Children/Young Persons Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, for business unit 33010, Happy Valley Child Care Centre, there is a budget allocation of $916,000 for the ens uing year. This represents an increase of 17 per cent, or $134,000 from the prior year. This increase, which is shown on page B -245, is a direct result of staff i ncrements. Happy Valley Child Care Centre expects to contain expenditure within their budget allocation for the ensuing year. The feeding, clothing, and enric hment programmes have been curtailed in order to minimise the impact on the wrap- around services pr ovided to high- risk children referred for care and a head start at the Happy Valley Child Care Centre. In 2016/17 the Happy Valley Child Care Centre full -time equivalent count is 11, which is consistent with the prior year.
Programme 2302— Services to Individuals and Families
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total budget allocated to this programme for 2016/17 is $5,839,000 which represents an increase of 3 per cent, or $158,000 over the prior year.
Busin ess Unit 33020—Family Services
Hon. Patricia J. Gordon- Pamplin: In 2016/17, Family Services' allocated budget is $2,300,000, which is a decrease of 8 per cent, or $211,000 compared to the Financial Year 2015/16 original allocated budget of $2,511,000 as shown on page B -245 of the Budget Book. Care and protective services to children of Bermuda are delivered by way of Family Services through three specialized units: Intake/Assessment, Intervention, and Foster Care. There are 19 full -time equivalents under business unit 33030, Family Services in 2016/17, which remains consistent with 2015/16 as shown on page B - 247 of the Budget Book.
Business Unit 33030—Foster Care
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, in this business unit the Foster Care budget allocation for 2016/17 is $2,195,000, which is a 2 per cent r eduction, or $34,000 in comparison to the original budgetary allocation of $2,229,000 for 2015/16, as shown on page B -245. Foster care has also had a reduction in its full - time equivalent count from seven in the prior year to six in the ensuing year, which is a reduction of one full-time equivalent, or 14 per cent. This is indicated on page B -247 of the Budget Book with the full -time equivalent count. Foster Care is responsible for providing alternative living arrangements for children under the age of 18 years old who are in need of out -of-home placement. During 2015, the Foster Care Programme provided foster care services to a total of 70 children; 38 of the children were female while 32 were male. As of December 31, 2015, Foster Care had several si bling sets of children in care: • Sibling Set of 2—there were 9; • Sibling Set of 3—there were 2; • Sibling Set of 4—there were 2; and • Sibling Set of 5—there were 2.
Mr. Chairman, during 2015/16, the foster care programme serviced a total of nine therapeutic foster children. The children in this category have a variety of physical, cognitive, emotional, and behavioural 1570 21 March 2016 Official Hansard Report
Bermuda House of Assembly challenges. Therapeutic foster parents are compensated at a higher rate than traditional foster parents. They sign contracts that outline the levels of care ex-pected based on the children’s needs. Due to this increase and in an attempt to co ntinue to contain expenditure within the budget all ocated for 2016/17, support funding provided to kinship care has been re- visited, so as to minimise the impact on services delivered to children referred for care and protection inclusive of foster care. Local and overseas consulting services were reduced and the availability of counselling services for addressing the psycholog ical and/or psychiatric needs of children has been e nhanced. Mr. Chairman, child care fees, the summer day camp allowance, and transportation make up the significant services provided by foster care. Children in the care of the director do not qualify for Gover nment Child Day Care Allowance and thus the Depar tment of Child and Family Services has realigned r esources and strengthened available options for caring for children during the workday and when schools are closed for breaks. Given the challenges experienced with respect to transportation, the department devised new scheduling to facilitate children’s visits and appointments.
Business Unit 33200—Bermuda Youth Counse lling Services
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, Bermuda Youth Counselling Services (BYCS), bus iness unit 33200, allocated budget for 2016/17 is $1,344,000, an increase of 43 per cent, or $403,000 compared to the prior year’s original budget allocation of $941,000 (as can be evidenced on page B- 245 of the Budget Book). The BYCS is a section within the Department of Child and Family Services that is com-mitted to strengthening, supporting and transforming the lives of young people up to the age of 18, and in so doing have a positive impact on peers, famil ies, and the community. The BYCS is in the process of being renamed Counselling and Life Skills Services (CLSS), as a result of reorganisation in the Depar tment of Child and Family Services. Due to this reor-ganisation the Bermuda Youth Counselling Services ’ full-time equivalents will increase by one, or 14 per cent, taking the total full -time equivalent of seven in 2015/16 to eight in 2016/17 (as evidenced in the Budget Book on page B- 247). Mr. Chairman, Bermuda Youth Counselling Services continues to align services and practices with the DCFS strategic plan. The aim of the restructuring of services is to offer a more client -focused and efficient mode of service delivery. BYCS services are based on the philosophy that professional counselling, support, and education results in improved functioning and quality of life for individuals and families. BYCS provides individual, family, and group counselling ser-vices; including specialised substance misuse counselling and education for adolescents and their fam ilies. Mr. Chairman, in 2015 there was a significant increase of referrals of males between 14 and 18 years of age demonstrating high- risk behaviours, such as substance misuse and delinquency, which also can include gang association. This population represents over 40 per cent of clients receiving services in 2015. An upsurge is due to the antisocial behaviour within the community. It is anticipated that this issue will be largely resolved when the proposed DCFS reorgani-zational plan is implemented. We are awaiting Cabinet approval to provide short -term staffing strategy in order to effect this change.
Programme 2303—Residential Treatment
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, there is a budget allocation of $7,609,000 for Reside ntial Treatment Services in 2016/17. This represents an increase of 10 per cent, or $664,000 compared to F inancial Year 2015/16 (as evidenced on page B -245 of the Budget Book). Programme 2303, Residential Treatment Services (RTS), is comprised of the follo wing business units: the Home Based Programme (CMIT); the Brangman Home; the Youth Development Centre; the Oleander Cottage (transferred from O bservatory Cottage some years ago); the Psycho-Educational Programme and Youth Residential Treatment (which is the administration arm of RTS).
Business Unit 33060—Home Based Programme Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Home Based Programme budget allocation for Fina ncial Year 2016/17 is $1,572,000. This represents a reduction of 9 per cent, or $163,000 when compared to th e allocated budget of $1,735,000 the prior year. Along with the reduction in budget the Home Based Programme full -time equivalent count has reduced by five, or 31 per cent, which means the full -time equiv alent of 16 in 2015/16 has been reduced to 11 in 2016/17 (as shown on page B- 247). The Cross Ministry Intervention Team (CMIT) (which is the Home Based Programme of the Depar tment of Child and Family Services) is an intensive family intervention program developed to service clients referred from the Department of Child and Family Services; the Department of Financial Assistance; the Department of Court Services, and the Bermuda Housing Corporation. CMIT is designed to intensively work with clients who have demonstrated an inability to independently provide the basic needs for their families and/or have demonstrated poor compliance with the requirements of the existing support systems to provide these basic needs. Mr. Chairman, Residential Treatment Services is a 24- hour community -based group home for adoBermuda House of Assembly lescents between the ages of 12 and 18 years who are placed in the care of the Director of Child and Family Services as a result of a decision made by the Family Court. These adolescents are deemed to be at risk in the community and require care and protection in a safe and structured environment. During 2015, 5 per cent of the children referred to the department received services through Residential Treatment Ser-vices as a result of being adjudicated, in need of care and protection, respite, life skills, and f amily reunific ation.
Business Unit 33070—Brangman Home
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, for Financial Year 2016/17 the allocated budget for Brangman Home is $1,258,000 which represents an increase of 44 per cent, or $386,000 compared to 2015/16. Brangman Home provides housing for f emale children that require residential treatment ser-vices. The increase in funds is due to an increase of employees at Brangman Home. The full -time equiv alent at Brangman Home for 2016/17 is 12, which is an incre ase in full -time equivalent of two, or 20 per cent compared to the 10 in the prior year (as shown on page B -247 of the Budget Book).
Business Unit 33080—Youth Development Centre
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, $232,000 is allocated to the Youth Development Centre in 2016/17. This represents a 49 per cent, or $76,000 increase in comparison to the original budget allocation for the prior year. Funds are utilised to pr ovide one- to-one and special management of residents based on their needs as indicated by ongoing evaluation. Residential Treatment Services is committed to the inclusion of family preservation and reunification; aftercare and interagency interactions services are based on the individual needs of the adolescent and of their families. When this is not possible, alternative community -based relationships and resources are used to develop an appropriate discharge plan. In addition, the programme at Residential Treatment Services also includes the monitoring of clients who are deemed to be at risk in the community as a protective factor. Youth Development Centre (business unit 33080) full -time equivalent for 2016/17 is two, which is an increase of one, or 100 per cent compared to the prior (as evidenced on page B- 247 of the Budget Book). Mr. Chairman, during 2015/16, client profiles indicated that 100 per cent of adolescents involved in the services had family relationship issues; the major-ity of children, both male and female had experienced childhood trauma, including abandonment, abuse, grief, and domestic violence. The data identifies the wide range of specialist services required for dealing effectively with the children and families in need of the department’s services. In an effort to address these issues, the department has provided individual and group counselling; family assessments and interve ntions; parent groups such as family solutions; voc ational and educational planning as a systematic change. This change will over time result in more effective services provided to children and families.
Business Unit 33090—Observatory Cottage (r eferred to as Oleander Cottage) Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the budget allocation for the Observatory Cottage is $1,050,000 for 2016/17 (as evidenced on page B -245 of the Budget Book). This represents an 18 per cent, or $163,000 increase compared to the prior year’s allocated budget. Male children who require residen-tial treatment services reside at Oleander Cottage. The full -time equivalent count for Observatory Cottage is 13, which is an increase of four, or 44 per cent, compared to 2015/16 when the full- time equiv alent was nine (as evidenced on page B -247).
Business Unit 33100— Psycho Ed Programme
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, $2,330,000 is the allocated budged for 2016/17 for business unit 3310, the Psycho Ed Programme. This represents an increase of 15 per cent, or $312,000 compared to the budget allocation for 2015/16. This increase will provide the department with the ability to deliver additional services as required for children who have either exhausted local services, or the services they require are not available locally.
Business Unit 33110—Youth Residential Trea tment
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the budget allocation for Youth Residential Treatment is $1,167,000 in the ensuing year (as evidenced on page B -245). In comparison to the allocated budget for 2015/16, this is a reduction of 9 per cent, or $110,000. To address this reduced funding, the de-partment has re- aligned staff in this programme and geared them towards providing a more effective and efficient service delivery by giving more direct service to the children placed in residential treatment and their parents. This realignment will also reduce the number of children referred out for services, resulting in cost savings. The full -time equivalent count for Youth Res idential Treatment in 2016/17 is nine; which is an overall decrease of three, or 25 per cent, compared to 2015/16 when the full -time equivalent was 12 (as ev idenced on page B -247 of the Budget Book). Mr. Chairman, the realignment of staff is designed to provide a more seamless response to chil1572 21 March 2016 Official Hansard Report
Bermuda House of Assembly dren and families that supports successful outcomes. Children and families will no longer be confused about the process within residential treatment, or who the primary worker is, and what support services are available to them. To further assist the department over the next year, a review of residential treatment will be conducted to further strengthen services pr ovided to children and families.
Programme 2304— Administration
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, business unit 33120, Administration, provides for the administration and operations of the Department of Child and Family Services. The budgetary allocation for Fiscal Year 2016/17 is $1,293,000 (as evidenced on page B -245). This represents an increase of $192,000, or 17 per cent compared to the prior year. The full -time equivalent under this business unit is four for the ensuing year, which is an increase of one, or 33 per cent compared to the prior year when the full -time equivalent count was three. In an effort to operate more cost -effectively, the department has implemented fee- for-service options and has decreased funding to grant recipients under business unit 33130 by 38 per cent, or $150,000. Hence, the budget allocated for Grants, under business unit 33130, in 2016/17 is $250,000 as the Women’s Resource Centre and Physical Abuse Centre (i.e., Centre Against Abuse) will no longer grant recipients, as evidenced on page B -245.
Revenue Summary Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the estimate of revenue for 2016/17 is $192,000 as shown on page B -246. This revenue is generated by the Happy Valley Child Care Centre and represents an increase of 9 per cent, or $16,000 from the prior year. Previously, fees were collected on a sliding scale and determined by a means test. As of April 1, 2015, the sliding fee scale was eliminated and a flat monthly fee of $400 was implemented, resulting in an increase in revenue for 2015/16. It is important to note that the cost per child will remain higher than the fees paid by the parents. Mr. Chairman, with respect to the expenditure of the Department of Child and Family Services, effort has been made to increase departmental efficiency and to reduce spending. The subjective analysis of estimates on page B -246 shows that the primary areas of budget increases relate to salaries, wages, and professional services. Mr. Chairman, the major reason for the i ncrease in salaries and wages by $1,056,000, or 13 per cent compared to the previous year (as per the sub-jective analysis on page B -246), is due a complete restructuring of the department to meet the ever - increasing demand for care and protection services to children and families. As shown on page B- 247, this restructuring does not increase the full-time equivalent count, which remains at 95 in 2016/17.
Professional Services
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, in an effort to provide the most effective service there has been an increase in professional services of $390,000, or 14 per cent as per the subjective anal ysis (on page B -246) when compared to the prior year. The additional funding will enable the department to provide more specialised professional services, as required by the department’s ever -growing client base.
Subjective Analysis Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, detailed explanations for changes to various cost categori es found on page B -246 are as follows:
Salaries
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocated budget for salaries for 2016/17 is $9,253,000. This is an increase of $1,056,000, or 13 per cent compared to the prior year’s original all ocated budget of $8,197,000. This increase reflects restructuring within the department to meet the ever - increasing numbers of clients requiring care and pr otection services to children and families, and salary increments for employees within their PS grade.
Wages
Hon. Patricia J. Gordon -Pamplin: For 2016/17, $9,000 is allocated to wages. This is a decrease of $262,000, or 97 per cent [sic] compared to 2015/16 allocation of $271,000. I am sorry, that is not 97 per cent, that is 9 per cent. The decrease in wages is a result of positions that are to be abolished in 2016/17 due to the restructuring of the department, but it must be noted that there will be no job losses as a result. I repeat that, there will be no job losses as a result of the restructuring of the d epartment.
Other Personnel Costs
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the budget allocated for other personnel costs is $108,000 for 2016/17, which is a $12,000, or 13 per cent i ncrease compared to Financial Year 2015/16. This budget is necessary to cover telephone expenditure and on- call services for social workers who perform critical functions within the department such as r esponding to police emergencies after normal working hours as it relates to children, in accordance with the requirement s under the Children Act 1998.
Bermuda House of Assembly Training
Hon. Patricia J. Gordon -Pamplin: The allocated budget for training for 2016/17 is $128,000 and repr esents an increase of $5,000, or 4 per cent from 2015/16. This increase is important in order to mai ntain levels of staff training to meet and satisfy industry standards which enhance the delivery of specialised services, thus reducing the cost of contracted profes-sional services in the long run.
Transport
Hon. Patricia J. Gordon -Pamplin: Budget allocated for Transport in 2016/17 is $48,000, which is a decrease of $3,000, or 6 per cent from the prior year. The department has developed a management sy stem for transporting children to ensure timely delivery of foster children in meeting with counsellors for evaluations and assessments, which assists in kee ping costs down.
Travel
Hon. Patricia J. Gordon -Pamplin: Budget allocated for Travel in 2016/17 is $152,000, which is a decrease of $36,000, or 19 per cent on the prior year. This budget covers travel expenditure for children requiring psychiatric, psychological, and medical attention. This decrease will be realised because all other overseas training and its associated travel costs for staff will be eliminated with the exception of travel expenditure provided to staff at the Happy Valley Child Care Cen-tre on attending the International Child Care Confer-ence/Training for the HighScope Curriculum which focuses on latest research and methodologies on working with young children.
Communications
Hon. Patricia J. Gordon -Pamplin: Budget allocated for Communications is $125,000 in the coming year and represents a decrease of $7,000, or 5 per cent from the prior year. The department’s telephone sy stem has been fully transferred onto the government’s voice over Internet communications network [VoIP] and as a result cost savings are expected to be rea lised.
Advertising and Promotion Hon. Patricia J. Gordon -Pamplin: Budget allocated for advertising and promotion is $2,000 in 2016/17, which represents a decrease of $1,000, or 3 3 per cent from the prior year. There will be no print advertising for new foster parents during foster parent month; however, the department is taking advantage of social media to encourage community involvement in the foster care system.
Professional Se rvices Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, in an effort to provide the most effective service there has been an increase in professional services of $390,000, or 14 per cent as per the subjective anal ysis (according to page B -246) when compared to the prior year. The additional funding will enable the d epartment to provide more specialised professional services, as required by the department’s ever - growing client base.
Rentals
Hon. Patricia J. Gordon -Pamplin: Budget allocated for rental of facilities is $859,000 in 2016/17 and represents an increase of $97,000, or 13 per cent from 2015/16. The department will be implementing a new strategic direction in 2016/17 and factored into this vision is savings to be realised by optimising and reducing current levels of office space. Whilst there is a short -term cost increase, once the strategic direction is fully implemented by the end of 2016/17, some rental contracts will not be renewed when they expire.
Repair and Maintenance
Hon. Patricia J. Gordon- Pamplin: The budget all ocated for repairs and maintenance is $367,000 in 2016/17. This is a reduction of $12,000, or 3 per cent from 2015/16 and is due to savings anticipated to be incurred from a reduction in office space as previously mentioned.
Insurance
Hon. Patricia J. Gordon -Pamplin: The allocated budget for insurance costs remains unchanged at $5,000 in 2016/17 when compared to the prior year of 2015/16. (This is page 22.) Vehicles used by the de-partment in relation to social services are insured third party and there have been no indication of increases to the cost of insurance for the ensuing year.
Energy
Hon. Patricia J. Gordon -Pamplin: An increase in referrals has resulted in staff extending work hours to meet the demand; this will hav e an impact on energy costs. As a result, the budget allocation for energy is $251,000 in 2016/17, which represents an increase of $32,000, or 15 per cent in comparison to 2015/16.
Clothing Uniforms and Laundry
1574 21 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: The budget allocated for clothing, uniforms, and laundry is $135,000 for 2016/17, which represents no change from the prior year. The department previously decreased the volume of clothes purchased for foster children and a reduction in laundry services provided for children at the Happy Valley Child Care Centre, whereby parents are now requested to provide additional clothing for their children.
Materials and Supplies
Hon. Patricia J. Gordon -Pamplin: Budget allocated for materials and supplies is $294,000 in the ensuing year, which represents a decrease of $20,000, or 6 per cent from the prior year. Purchases of materials and supplies for all business units across the depar tment have been consolidated and are purchased in bulk; this has resulted in the department r eceiving lower prices, which reduces the overall cost of mater ials and supplies.
Equipment (Minor Capital)
Hon. Patricia J. Gordon -Pamplin: The allocated budget for Equipment (minor capital) cost is $38,000 in 2016/17, which is a reduction of $3,000, or 7 per cent when compared to the prior year. This budget is required to replace any broken furniture within Res idential Treatment Services.
Other Expenses Hon. Patricia J. Gordon -Pamplin: The budget all ocation for other expenses is $84,000 in 2016/17, which represents no change from 2015/16. The department has developed and implemented a system that addresses reduced funding to foster parents with the need to provide sufficient time for existing foster parents to recharge themselves, especially if the fos-ter child/children have mental, physical, and cognitive health challenges. It must be noted that this has also resulted in the loss of some foster placements.
Grants and Contributions
Hon. Patricia J. Gordon -Pamplin: The budget all ocated for Grants and Contributions is $850,000 in the ensuing year, which is a decrease of $250,000, or 23 per cent from the prior year. This reduction is nec-essary to achieve budget ceiling estimates and as a result, grant contributions to the Women’s Resource Centre and the Physical Abuse Centre (Centre Against Abuse) could not be sustained. Other grant contributions will be prioritised and disbursed only af-ter very careful scrutiny. Mr. Chairman, the performance measures for Head 23 are found on pages B- 248 to B -249 of the Estimates Book. The Department of Child and Family Services continues to meet most of its targeted outcomes in all business units. I wish to note that in bus iness unit 33030, Foster Care, there has been a cha llenge in recruiting foster parents, especially those who are equipped to provide a therapeutic environment for high risk and/or special needs children in need of placement. Efforts are ongoing to attract, train, and support foster parents to enable them to meet the needs of a more specialised population. As previously mentioned, the reduction in foster fees and respite has resulted in the loss of foster placements. Mr. Chairman, the cost of residential beds per day at Brangman Home (business unit 33070) and Observatory Cottage (now known as Oleander) (bus iness unit 33090) remains stable. However, the outcomes of the current strategic planning may result in changes during 2016/17. Residential Treatment Ser-vices continues to provide a service that meets inter-national best practice standards; this is confirmed by their active accreditation status. Mr. Chairman, the budget increase to the Psycho -Educational Programme (business unit 33100) will significantly enhance the number of chi ldren who will be able to receive the appropriate ser-vices overseas that are not available locally. This will have a direct impact on the Ministry of Education as these children will no longer be a disruption to the sy stem due to unaddressed social- emotional, psychological, and/or psychiatric issues. Mr. Chairman, I am proud to report that under business unit 33120, Administration, all sections (100 per cent) within the department have achieved accreditation for operating at best practice standards as outlined by the Council on Accreditation [COA] and the Bermuda National Standards Committee [BNSC]. The Department of Child and Family Services remains the only Government department to have all of its sections accredited. Mr. Chairman, I would like to take this opportunity to sincerely thank all of the dedicated staff of the Department of Child and Family Services, led by D irector Alfred Maybury, for all the work they do in meet-ing the many challenges of our children and families, as we undertake this social recovery. Mr. Chairman, this ends my presentation of the 2016/17 budgetary allocation for Head 23, the D epartment of Child and Family Services. Mr. Chairman, could you give me some idea of how much time I have left to make sure that I leave ample time.
The ChairmanChairmanYou have probably got about three hours left on this one. Hon. Patricia J. Gordon -Pamplin: Okay. Thank you.
The ChairmanChairmanFor the entire thing. Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: Yes, that is fine. I just want to make sure I leave ample time for co mments. HEAD 52 —DEPARTMENT OF COMMUNITY AND CULTURAL AFFAIRS Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, I will now present the …
For the entire thing.
Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: Yes, that is fine. I just want to make sure I leave ample time for co mments.
HEAD 52 —DEPARTMENT OF COMMUNITY AND CULTURAL AFFAIRS
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, I will now present the Estimates of Expenditure and Revenue for Head 52, the Department of Community and Cultural Affairs for 2016/17, which can be found on pages B -250 through B -256 of the Estimates Book.
Programme 5202—Cultural Affairs
Business Unit 62000—Grants to Organisations
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount budgeted under this business unit for 2016/17 is $213,000, which is consistent with the prior year budget allocation, as shown on page B -251. The Department of Community and Cultural Affairs is responsible for promoting, preserving, and celebrating Bermuda’s rich and diverse cultural her itage, and for the arts. These goals are achieved in part by partnering with private sector organisations through funding. Organisations that will receive fina ncial support in the upcoming fiscal year are: • the Bermuda Historical Society; • the St. George’s Historical Society; • the St. George’s Preservation Authority; • the Bermuda Arts Council; • the Bermuda Heritage Association; • the Bermuda National Gallery; and • Cultural Legacy Fund recipients.
Business Unit 62001— Administration
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the objectives of this business unit are to provide for the administration and operation of Community and Cu ltural Affairs units located on the fourth floor of the Dame Lois Browne- Evans Building; and the Culture and Folklife Programmes. Mr. Chairman, the allocated budget for 2016/17 for this business unit is $734,000, as per page B -251. This amount reflects a decrease of $12,000 compared to the prior year, or a 2 per cent decrease. This decrease is attributed to a $6,000 r eduction in salaries, as well as some operational costs such as: a reduction of $3,000 in telephone rentals; telephone calls decreased by $1,000; overseas calls have been eliminated reflecting $1,200 in cos t savings; and $4,500 for newspaper advertising has also been eliminated. Such decreases and eliminations have contributed to an overall reduction in operational expenses. Mr. Chairman, the allocated budget sustains both units of operation including: salaries and wages; professional development; communications; pr ogramming; printing and office supplies. This business unit also provides funding for some collateral educ ational materials including posters, banners, pam-phlets, and leaflets. Funds associated with this bus iness unit also support the promotion of information via social media. The remainder of the budget provides for office supplies; photocopier maintenance; books and periodicals subscriptions; and telephone services.
Business Unit 62010—Cultural F estivals and Cel ebrations
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount allocated for business unit 62010 in 2016/17 is $190,000. This reflects an increase of $47,000 over the 2015/16 original budget, or a 33 per cent increase. Mr. Chairman, this business unit covers the cost of promoting the culture and heritage of the I sland and its people through festivals and other pr ogrammes and events. This objective will be realised through a number of programmes and initiatives i ncluding the Emancipation Commemorative Ceremony and the Gombey Festival. Mr. Chairman, permit me to expand on these two events:
Emancipation Commemorative Ceremony
Hon. Patricia J. Gordon -Pamplin: One of the main ceremonies that the Department of Community and Cultural Affairs organises annually is the Emancipa-tion Ceremony. In 2015, the department continued to have as its focus the theme “The Trail of our People: Passing the Torch.” Through this c ommemorative ceremony the department highlighted significant ind ividuals and organisations from the parishes of War-wick and Smith’s. These persons and organisations have made meaningful and lasting contributions to their respective communities, and by so doing have contributed immensely and selflessly for the greater good of our society. Because the focus was “passing the torch,” the department continues to recognise per-sons in our community who have contributed much and for whom there has been little formal acknow ledgement of their work and their worth. Funds allotted to this business unit for 2016/17 will be used for a similar programme, which will feature local heroes from the parishes of Paget and Devonshire in a ceremony to be held towards the end of July under the heading “The Trail of Our Peo-ple: Jubilee!”
The Gombey Festival
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Gombey Festival is held annually in September to provide exposure to the folk art and traditions of these 1576 21 March 2016 Official Hansard Report
Bermuda House of Assembly important Bermudian icons. Over the past two years, the department liaised with the Department of Youth, Sport and Recreation for the use of the W.E.R. Joell Tennis Stadium, thereby saving on expenses in rental fees, the installation of bleachers and barricades, and the general clean- up at the conclusion of the festival. The 2016 Gombey Festival will be held at the W.E.R. Joell Tennis Stadium again. The allocated budget for 2016/17 will finance the cost of advertising, event i nfrastructure, financial awards to participating Gombey troupes, and the chosen honouree of the day.
Harbour Nights
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, funding to support Harbour Nights is also charged to this business unit. The Department of Community and Cultural Affairs works collaboratively with Tradition Bearers and the Chamber of Commerce to ensure that aspects of our culture and heritage are presented to visitors and residents in an engaging and inform ative manner. In addition, the department also assists ind ividual organisations involved in cultural or folklife pr ojects and programmes.
Business Unit 62020—Heritage Celebrations
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount budgeted for this business unit for 2016/17 is $217,000 (as evidenced on page B -251). This reflec ts a decrease of $37,000, or 15 per cent compared to the original budget for 2015/16. Mr. Chairman, this business unit covers the cost of celebrations for both Heritage Month and the Bermuda Day Parade. Heritage Month celebrations are a series of cultural events which conclude with the fantastic Bermuda Day Parade. These events are d esigned in accordance with our mission statement “to educate the community and foster a greater sense of identity through an appreciation of Bermuda’s culture and heritage.” Heritage Month 2015, was successful, cel ebrating “Bermuda: An Atlantic Garden” through an art exhibit, several gardening workshops, a walking tour of Cooper’s Island in conjunction with the Department of Planning, and boat tours to view the sea gardens. The theme for Heritage Month 2016 is “A Tapestry of Cultures.” To ensure expenditure is con-tained within budget, the Department of Community and Cultural Affairs will be implementing certain cost - cutting measures, including strategic changes to the marshalling and security of the parade. New categ ories are being introduced to the parade to encourage more entries and to eliminate the reliance on the ex-pense of using costly dried flowers, which are not part of traditional float decorating. To assist float entrant s with decorating, free workshops will be offered to the public. Business Unit 62030—Cultural Education Pr ogramme
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount budgeted for this business unit for Financial Year 2016/17 is $138,000 (as evidenced on page B-251 of the Budget Book). This represents an i ncrease of $33,000, or 31 per cent when compared to the allocated budget for the prior year. Mr. Chairman, the Department of Community and Cultural Affairs is responsible for creating mater ials that contribute to the preservation of Bermuda’s heritage and to the development of Bermuda’s literary arts. In 2015/16, a Bermuda anthology of science fi ction and fantasy was published and edited by former Writer -in-Residence and New York Times best-selling Grenadian author, Tobias Buckell. For 2016/17, the department will focus on producing a book of original research by Bermudian historian, the late Dr. Clarence Maxwell, entitled Society of Prudent Men: Bermudians and the Age of Rev olution . The research examines the social, economic, and political character of Bermudian activity in the A tlantic World during the Age of Revolution, from 1774 to 1804. Mr. Chairman, another project being deve loped by the department is focusing on original r esearch on Bermuda’s unique dialect. In Financial Year 2015/16, the department granted a research award to Britanni Cann -Fubler and Rosemary Hall, who are jointly conducting research on the Bermudian dialect. Mr. Chairman, let me just back up, I [stated] the “late Dr. Clarence Maxwell,” but it is Dr. Maxwell’s son. He is not dead. I just wanted to point that out as he is very much alive and I certainly do apologise for that, Mr. Chairman.
An Hon. Member An Hon. MemberThe son of? Hon. Patricia J. Gordon -Pamplin: He is the son of the late Dr. Clarence Maxwell. My abject and most humble apologies. And I ought to know that because his father is Godfather to my sister, so I know. But I do apologise.
The ChairmanChairmanWe accept your apology. Hon. Patricia J. Gordon -Pamp lin: I do apologise. Another project being developed by the department is focusing on original research on Bermuda’s unique dialect. In Financial Year 2015/16, the Department granted a research award to Britanni Cann- Fubler and Rosemary Hall, who are joint ly …
We accept your apology.
Hon. Patricia J. Gordon -Pamp lin: I do apologise. Another project being developed by the department is focusing on original research on Bermuda’s unique dialect. In Financial Year 2015/16, the Department granted a research award to Britanni Cann- Fubler and Rosemary Hall, who are joint ly co nducting research on Bermudian dialect. Support for this project will continue into Financial Year 2016/17, with Ms. Hall and Ms. Cann- Fubler offering present ations to the public on their findings. We might [better] understand, Mr. Chairman, some of the speech that we give, I think that should be very, very interesting.
Bermuda House of Assembly In addition, work will continue on the development of study guides to complement the Bermuda Folklife Documentary Series for use within the school system.
Business Unit 62050—National Heroes Day
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocated budget for 2016/17 is $58,000, which r emains consistent with the allocated budged for 2015/16. Mr. Chairman, funds associated with this business unit are used to formally honour and c ommemorate a national hero. For 2015/16 the disti nguished designation of “national hero” was conferred on two individuals, namely, Gladys Misick Morrell and Sir Edward Trenton Richards. Mrs. Morrell was duly recognised for her role in the suffragette movement in Bermuda, which lead to female property owners being granted the right to vote in the mid 1940s. Mrs. Morrell, a known environmentalist, had also been an advocate for health care especially for women. Sir Edward, fondly referred to as “Sir ET” was th e first black leader of Government who lead Bermuda during some significant political changes.
Business Unit 62060— Promotion of the Arts Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocated budget for this business unit for Financial Year 2016/17 is $46,000. This amount reflects a decrease of $7,000, or 13 per cent when compared to the allocated budged for Financial Year 2015/16. A ctivities that fall within this business unit are:
Premier’s Concert
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, one means by which the Department of Community and Cultural Affairs promotes the visual and perfor ming arts is through the annual Premier’s Concert, which aims to highlight selected students between the ages of 10 and 20 years old who are excelling in a variety of genres of the arts. On Saturday, 21 November 2015, the department hosted 86 participants at the 31 st Annual Premier’s Concert held at the Ruth Seaton James Centre for the Performing Arts. The audience viewed superb works by budding visual artist B randon Sousa; a debut appearance was made by self -taught pianist Tahj Cox; and the Simons Brothers Band were very enthusiastically received by the audience. A spe-cial guest appearance was made by a former Pr emier’s Concert participant, Jude Richardson, a brilliant pianist who will soon go overseas to further his studies in music. Attendees were provided with inform ation about all of the participants and their artistic de-velopments.
Writer -in-Residence Hon. Patricia J. Gordon- Pamplin: The Department of Community and Cultural Affairs supports program-ming to develop our literary arts. With this aim in mind, the department hosts an annual writer -in-residence workshop focusing on a variety of genres. In 2015, the department hosted a three- week writer -in-residenc e programme focusing on the genre of poetry. The University of Toronto professor and poet, Dr. Christian Campbell, served as the instructor for this programme. Dr. Campbell is originally from the Bahamas and is the author of a collection of poetry entitled Running the Dusk . This year, as we recognise the growing infl uence of film as a medium for creative expression, our writer -in-residence programme will focus on writing screenplays. It is anticipated that this workshop will be held during the fall.
Business Unit 62070—Folklife in Bermuda
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocated budget for this business unit for Financial Year 2016/17 is $160,000, consistent with the original budget estimate for the prior year (as evidenced on page B -251). Activities that fall within this business unit are:
Historical Heartbeats Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Historical Heartbeats Lecture Series, now entering its 13 th year, is a programme that highlights various aspects of Bermudian history and culture, and aims to hold a monthly presentation that is both entertaining as well as educational. The new season commences in April and will feature eight events and four film nights.
Bermuda Folklife Documentary Series
Hon. Patricia J. Gordon- Pamplin: This series is a collection of full -length feature films highlighting the traditions and tradition bearers of Bermuda. The D epartment of Community and Cultural Affairs completed a new documentary in the series during 2015/16 on “Traditional Bermuda Boat Building” a film with special emphasis on traditional small crafts. Also, a documentary marking a brand- new s eries entitled the Bermuda Culture Documentary Series was completed during the past year. The film entitled “A Poem Without Words: Visual Artists In Bermuda” is part of this series and features interviews with artists including Sharon Wilson, Graham Foster, Dr. Edwin Smith, Dr. Charles Zuill, Jacqueline Alma, and James Cooper. The Department intends to complete two documentaries in 2016/17. The first documentary, part of the Bermuda Heritage Documentary Series, will focus on Bermuda shipwrecks and feature interviews 1578 21 March 2016 Official Hansard Report
Bermuda House of Assembly with Bill Gillies, Dr. Philippe Max Rouja, Nick Hutchings, and Bill McCallan. The second documentary will be part of the Bermuda Folklife Documentary Series, and will celebrate Bermuda’s Traditional Games and Crafts as discussed by Judith James, Shirley Pearman, Yvonne James, and others.
Folklife Apprenticeship Programme
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Department of Community and Cultural Affairs will complete the seventh year of the Folklife Apprentic eship Programme, focusing on the transmission of knowledge and skills from one generation to the next. Five tradition bearers, in various arts, will be selected for inclusion in the programme to work one- on-one with a single apprentice for an average of 80 hours. There will be an awards luncheon where tradition bearers and apprentices who participated in the pr ogramme will share presentations about their exper iences. A short film will be produced showing high-lights of the apprenticeship experience.
Digital Archive
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Cultural Affairs Digital Archive continues to expand through the transcription and digital conversion of i nterviews collected through the Bermuda Documentary Series. More than 100 cassettes from the Smithsonian Folklife Collection were digitised, marking the completion of that phase of the project. It is anticipated that for the ensuing year we will focus on the associated images from that collection, converting slides to digital format. This year the digital archive will also see greater availability of transcripts following a project focusing on editing the documents post -transc ription.
Programme 5203—Community Services
Business Unit 62100—Uncover the Arts Pr ogramme Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the budget allocated to this business unit in 2016/17 is $175,000. This remains unchanged from the original budget for 2015/16 (as shown on page B -251). In partnership with the Bermuda Tourism A uthority, the Department of Community and Cultural Affairs provides this programme from November to March annually. This “Uncover the Arts” programme provides opportunities for both visitors and locals alike to discover and enjoy various aspects of our island’s culture, arts, and entertainment. Funds allocated in this business unit are also used to pay vendors who host the listed talks, tours, and demonstrations, as well as to cover the cost of advertising, rental fees for tents, sound systems, and sites. Business Unit 62130— Senior Citizen Projects
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount budgeted for this business unit for Financial Year 2016/17 is $80,000. This represents a de-crease of 32 per cent, or $38,000 when compared to the allocated budget of the prior year (as evidenced on page B -251 of the Budget Book). To ensure expenditure is contained within the budget allocated, the department will fund activities based on merit. The Department of Community and Cultural Affairs is responsible for organising a number of pr ogrammes and activities for our able- bodied seniors. During 2015/16, the department evaluated which pr ogrammes have been the most impactful on the lives of Bermuda’s seniors. In 2016/17 the department will be increasing the number of seminar events for useful, educat ional, and cultural learning opportunities. The annual highlight of the senior citizen projects is the Seniors Awards Ceremony, which celebrates nom inated seniors for the significant contributions they have made over the years. The funds associated with this business unit will also cover operating costs for a new intergenerational learning initiative.
Programme 5204—Community Education
Business Unit 62140—Community Outreach
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the allocated budget for this business unit for Financial Year 2016/17 is $40,000 (as evidenced on page B - 251 of the Budget Estimates), which is consistent with the original budget estimate for Financial Year 2015/16. Mr. Chairman, this business unit covers the operation of the Summer Internship Programme (SIP), which provides work shadow opportunities, exposure to the work environment, practical experience and service learning activities to senior school students aged 15 to 18 years old, through a diverse range of coordinated partnerships with the Government, pr ivate, and non- profit sectors. The programme operates annually during the months of July and August culm inating with student participants receiving a certificate of completion, letter of reference from the employer, and a stipend at the end of each month.
Business Unit 62150—Community Education Courses
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount budgeted for this business unit for Finan-cial Year 2016/17 is $161,000. This reflects a decrease of $38,000, or 19 per cent when compared to the allocated budget for 2015/16 (as evidenced on page B -251). Mr. Chairman, this business unit, Community Education Courses, provides a diverse range of ed uBermuda House of Assembly cational, social, recreational, cultural, personal, and professional development to Bermudian residents. The introduction of a new initiative for 2016 is the of-fering of Day Courses for Adults and Seniors. Provid-ing these day courses are a direct result of the de-mand from the public as highlighted in quarterly ques-tionnaires and surveys. These day courses, seminars, and activities are designed to promote awareness, inform, educate, and engage adults and seniors dur-ing the day in a safe, fun, and structured environment. Courses and programme activities are designed to promote and foster a better quality of life and well - being to empower residents to become self -sufficient and productive citizens in the community. The three demographic target groups are: youth ages 5 to 18; adults ages 19 to 64; and seniors 65 and over. Mr. Chairman, as a result of reduced funding and to ensure expenditure is within the allocated budget for 2016/17, the department, through the Community Education Programme, will seek more creative ways to advertise and increase participation in community education classes. Programme as-sessment and analysis will continue to be conducted to identify courses that are in demand, as well as those courses that should be discontinued based on level of interest and need, thereby reducing expend iture on the number of instructors being paid.
Business Unit 62160—Community Education A dministration
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount allocated for this business unit for Financial Year 2016/17 is $727,000. This represents a de-crease of $90,000, or 11 per cent when compared with the allocated budget for Financial Year 2015/16 (as evidenced on page B -251). This decrease is a result of the resignation of one of the community school coordinators in April 2015. Due to the hiring freeze currently in place, the post has not been filled. Mr. Chairman, funds allocated under this business unit cover the overall programme administr ation and operation for the Community Education and Development Programme. It covers the planning, c oordination, implementation, and delivery of a diverse variety of over 200 educational, social, recreational, cultural, personal, and professional development courses annually. Provision of these course offerings and activities benefit the social and economic devel-opment of Bermudian resident s. In addition, this bus iness unit covers the shared administration of activities and functions of the Bermuda Community Education Advisory Council in the delivery of activities, special events, projects, and programmes that benefit ind ividuals, families, and community neighbourhoods. Mr. Chairman, the total estimated revenue for 2016/17 is budgeted at $86,000, which represents a decrease of $35,000, or 29 per cent from 2015/16 (as evidenced on page B -252). This reduction is attribut-able to an anticipated decline in student enrolment, which will impact student registration fees for Co mmunity Education Courses, and as such this decrease is reflected in the budget. Mr. Chairman, the subjective analysis of current account estimates is found on page B -252 of the Estimates Book. As I noted a few moments ago, the reduction in budget allocated for salaries by $76,000 is due to the resignation of one of the Community School Coordinators in the Community Education and Development Programme in April 2015. Mr. Chairman, the reductions in communic ations; advertising and promotion rentals; repair and maintenance; energy; and materials and supplies total $141,000 [sic]. This cumulative reduction represents a concerted effort to streamline costs as required under the Medium Term Expenditure Framework (MTEF). Mr. Chairman, the increase in professional services of $62,000 for Financial Year 2016/17 relates to new and/or expanded programmes under business units 62010, Cultural Festivities and Celebrations; and 62030, Cultural Education, as I have discussed earlier in my presentation. Mr. Chairman, I would like to extend sincere thanks to the staff of the Department of Community and Cultural Affairs, for their dedication and commi tment to the promotion and preservation of our cultural heritage in Bermuda. This department is ably led by Director Heather Whalen. Mr. Chairman, this concludes my presentation of the budgetary allocation for 2016/17 for Head 52, the Department of Community and Cultural Affairs.
The ChairmanChairmanThere is about two and half [hours] left for the debate— Hon. Patricia J. Gordon- Pamplin: I still have another Head.
The ChairmanChairmanYes, I know, you have got Head 55, correct? Hon. Patricia J. Gordon -Pamplin: Yes. And I will now turn to Head 55. HEAD 55 —DEPAR EMENT OF FINANCIAL ASSI STANCE Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, I will now present the estimates of expenditure and revenue for Head …
Yes, I know, you have got Head 55, correct? Hon. Patricia J. Gordon -Pamplin: Yes. And I will now turn to Head 55.
HEAD 55 —DEPAR EMENT OF FINANCIAL ASSI STANCE Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, I will now present the estimates of expenditure and revenue for Head 55, which is the Department of F inancial Assistance, for Financial Year 2016/17, which can be found on pages B- 257 through B -260 of the Estimates Book. (Just let me catch up with myself, Mr. Chairman.) Mr. Chairman, page B -258 shows a budget allocation for programme 5501 of $54,561,000 for the Department of Financial Assistance for the year 2016/17. This represents an overall increase of 1580 21 March 2016 Official Hansard Report
Bermuda House of Assembly $5,430,000, or 11 per cent when compared to the budget allocation for 2015/16. This increase will be discussed later on in this presentation. This year’s budget will provide for: 1. The financial framework to sustain the Finan-cial As sistance Programme, which encompasses: o a continued increase of clients with r equests for financial awards to maintain a basic standard of living; o the cost of rental accommodations; o the cost of food; o the cost of utilities; o funding for the cost of HIP and Future-Care premiums; o the cost of rest home or nursing home care; o the cost of in- home or adult day care; and o medical equipment, supplies, and medic ation. 2. The financial framework to sustain the Child Day Care Allowance Programme, which cu rrently provides awards of up to $800 per month per child to attend a registered and/or licensed day care provider. 3. General administration and operational costs for the department.
Mr. Chairman, the mandate of this department is to ensure that individuals and families with insuff icient financial resources have access to services in order to gain, maintain, or regain a minimum standard of living whilst encouraging personal and economic independence. The services will also encourage the development of personal skills, resources, and to ult imately foster financial independence from receiving assistance. Mr. Chairman, the department continues to provide income maintenance to Bermuda’s neediest individuals and families, and does so in the most ef-fective, efficient, and economical manner. This conti nues to be achieved through the commitment and dili-gence of the staff of the Department of Financial A ssistance, led very ably by Director Dianna Taylor. Mr. Chairman, the department administers two business units, for which a general summary is contained on page B- 258 of the Estimates of Revenue and Expenditure. These business units are 65050, Grants Administration; and 65080, General Admini-stration, which will be discussed in turn.
Business Unit 65050—Grant Administration
Hon. Patri cia J. Gordon -Pamplin: Mr. Chairman, the total amount budgeted for this business unit for Financial Year 2016/17 is $50,925,000. This reflects a net increase of 10 per cent or $4,836,000 when compared with original estimates from the 2015/16 Financial Year , which is seen page B -258). This amount is br oken down as follows:
Organizational Grant Recipients
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, this business unit includes funding for Organizational Grant recipients of $1,678,000. This amount is paid on a quarterly basis and it is estimated that on average, $419,500 will be paid out each quarter during Finan-cial Year 2016/17. Grant recipients are: • Care of the Blind—$30,000; • Meals on Wheels —$48,000; • Matilda Smith Williams Rest Home—$250,000; • Supportive Therapy for persons with Aids and their Relatives (STAR) —$150,000; • Teen Haven— $200,000; • Salvation Army —$400,000; • Summerhaven— $300,000; and • Packwood Rest Home—$300,000 (as ev idenced on page C -19).
This represents a net decrease of $325,000 from Financial Year 2015/16 in an effort to contain costs as per the medium term expenditure fram ework —deficit reduction strategy, which will be explained later on in this presentation. Mr. Chairman, in addition to the grant amounts specified above, all but two of the organiza-tions mentioned above (Care for the Blind and Meals on Wheels) receive an additional monthly financial award, based on the number of clients who are in need of residential services in those organisations. This award is paid at the current rate of up to $5,000 monthly.
Financial Assistance Programme Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, business unit 65050 also includes funding for the F inancial Assistance Programme in the amount of $45,847,000. The Financial Assistance Programme is earmarked for clients who are approved to be in receipt of financial awards. Mr. Chairman, the department’s Financial A ssistance Programme, operates under the Financial Assistance Act 2001 and the Financial Assistance Regulations 2004 and subsequent amendments made in 2004, 2008, 2011, 2012, 2013, 2014 and 2015. The most recent amendments affecting the Financial Assistance legislation were made in 2015. These amendments, together with additional internal policies, were implemented with a view to revamp previous award criteria and to impose additional conditions in order to increase client responsibility and accountabi lity.
Bermuda House of Assembly Mr. Chairman, an amendment to the Financial Assistance Regulations 2004 was made which establishes, for the first time, time limits for able-b odied r ecipients to be in receipt of assistance on a sliding fee scale. The amendment provides that payment of an award to an able- bodied recipient shall be limited to a maximum period of five years, whether that period is continuous or a period made up of an aggregate of two or more awards. Accordingly, beginning on July 1, 2015 payment of an award to an able- bodied recipient shall be paid at the full amount that they were eligible to receive up to a maximum of one year only, and during each of the subsequent four years an award (whether continuous or aggregate) shall be reduced by 10 per cent of the full amount they are eligible to receive as follows: • during the second year, at 90 per cent of the full eligible amount; • during the third year, at 80 per cent of the full eligible amount; • during the fourth year, at 70 per cent of the full eligible amount; and • during the fifth and final year, at 60 per cent of the full eligible amount.
Mr. Chairman, this particular amendment does not affect seniors or persons with disabilities. The intent is that as more and more jobs become available to able- bodied persons, they will become less and less reliant on financial assistance. Mr. Chairman, another amendment to the F inancial Assistance Regulations 2004 took effect on July 1, 2015. This amendment provided that, in order to investigate and verify statements of a medical nature relating to an application by a person who has been in receipt of a financial award for a period in ex-cess of three months, the Director of Financial Assi stance may refer the applicant’s case to the Chief Medical Officer, or a doctor nominated by the Chief Medical Officer for review, i.e., a second medical opi nion. This amendment affects all clients. Mr. Chairman, a further amendment to the F inanci al Assistance Regulations 2004, which also became effective on July 1, 2015, requires single parents must attempt to secure court -ordered child support payments if they are not already in receipt of court -ordered child support payments, or if they are not already receiving voluntary child support pa yments prior to being approved for a financial award. Where the applicant is a single, separated or divorced parent with one or more dependent children, the ap-plicant must indicate what steps have been taken to apply to the court for an order in relation to the dependent children under whichever one or more of the following enactments apply: • Part IV B of the Children Act 1998 (which is an order for support); • Part IV of the Matrimonial Causes Act 1974 (which is fin ancial provision for child of family); • Section 3(1)(g) of the Matrimonial Proceed-ings (Magistrates’ Courts) Act 1974 (maint enance of a child of the family); • Section 12(2) of the Minors Act 1950 (maint enance of a minor); • Sections 2 and 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1974 (transmis-sion of maintenance orders and provisional maintenance orders).
This particular amendment does not affect seniors. Mr. Chairman, the department continues to assess persons based on the formula indicated in the Financial Assistance Regulations 2004. This indicates that the eligibility for an award will be established when the amount of allowable expenses of the person exceeds the amount of qualifying household income of the person/household for that period, and the value of investments (whether located in Bermuda or els ewhere) owned by the person does not exceed $500 in the case of persons under the age of 65, and $5,000 for persons over the age of 65. Mr. Chairman, the majority of persons recei ving financial awards are seniors and persons with disabilities. Services and funding for seniors include: payments for rent, electricity, phone, gas, et cetera; rest/nursing home fees; adult day care or in- home care, which may be waived if rest/nursing home be-comes mor e cost -effective; and the cost for medic ation, medical equipment and supplies. Mr. Chairman, currently, there are approx imately 914 seniors serviced by the Department of F inancial Assistance. This is an increase of 54 clients over Financial Year 2015/16. Approximately 185 sen-iors are in rest/nursing homes, while 112 are living in Bermuda Housing Trust properties. The remaining seniors reside at home or with family members. The department currently spends approximately $1,940,000 per month to service this population. Mr. Chairman, the cost of rest home or nur sing home care is $354,770 and $431,700, respectively, on a monthly basis. This means that a total of over $786,470 is paid monthly, representing an i ncrease of $10,470 over Financial Year 2015/16. Mr. Chairman, in addition to assistance pr ovided for rest or nursing home care, the department continues to support family members who qualify to enable their senior relative to remain in the household. This assistance, while cost -effective to Government, conti nues to provide a much- needed boost for seniors to spend time with their families, and to remain in their own homes or those of their loved ones. This benefit is called Home Care Allowance and is at a cost of up $2,000 monthly. Currently the department pay s $113,000 monthly for this service. This is an increase of $26,623, or 6 per cent over the same period of time 1582 21 March 2016 Official Hansard Report
Bermuda House of Assembly in 2015/16. The spending for this service is likely to greatly increase as there are many seniors who are in need of care and cannot be accepted into a rest or nursing home due to the lack of bed space. These seniors are now being cared for in their home or in the home of a loved one, by one or more, personal home care providers. Mr. Chairman, many seniors, who may be at a higher level of functioning and who remain at home or reside in the home of their children or loved ones, of-ten find idle time being alone as depressive. For per-sons who fit into this category the department pays for them to be placed in an active and nurturing adult day care environment. At present, the department pays over $12,810 monthly for this service. Mr. Chairman, currently there are approx imately 825 persons with disabilities receiving assi stance. This is an increase of approximately 45 clients over the prior year. These disabilities can range from short term/temporary to long term/permanent; and can be of a physical nature or due to mental health chal-lenges. The department currently spends approx imately $1,384,000 monthly to service this population. This is an increase of $94,000 in comparison to the prior year. Mr. Chairman, the Department of Financial Assistance also pays for FutureCare Insurance pr emiums for all senior clients. Currently, the monthly rate is $504.21. HIP insurance is provided for all clients under the age of 65 at a current cost $433.31 monthly. The cost of health insurance premiums tends to increase yearly. However, we did hear from the Ministry of Health that there was to be no increase in health insurance premiums for HIP or FutureCare for the en-suing year. The amount paid out on a monthly basis for health insurance at these rates totals over $760,228. This is an increase of $150,228 over the same period last year. Mr. Chairman, the cost for medication for D epartment of Financial Assistance clients per month is in excess of $73,063 or over $877,000 annually. This is an increase of $23,000 per month over the prior year. The payout for medication is a clear sign that Department of Financial Assistance clients, although living longer, are not in the best of health. Mr. Chairman, let me note here, that the cost of health care for ageing baby boomers worldwide is astronomical. Having said that, the Department of F inancial Assistance is constantly working with the Health Insurance Department to strategise cos teffective measures going forward as this population is due to grow significantly over the next decade. Mr. Chairman, the Department of Financial Assistance does not subscribe to appointments. There is a walk -in referral service that is open to the public . Pre-screen hours are between 10:00 am and 12:00 pm and 2:00 pm and 4:00 pm Monday through Thursday. The last applicant is seen at 11:45 am and 3:45 pm, respectively. Persons are seen on a first come, first served basis. The amount and category of pre-screened applicants continue to reflect a substa ntial influx of able -bodied unemployed and earnings low persons applying. Statistics provided by the Depar tment of Financial Assistance show that this continues to be the trend, although the higher overall number of clients are among seniors/pensioners (at 35 per cent) and the disabled (at 32 per cent); the higher number of applicants are able- bodied unemployed and ear nings low persons. Mr. Chairman, as the majority of clients serviced through this department continue to be seniors, disabled, and persons with special needs, we co ntinue to endeavour in meeting the needs of these populations, in particular. Mr. Chairman, there continued to be a sustained demand for overall financial assistance in 2015/16. The total number of clients serviced has continued to increase, fluctuating monthly between 2,755 and 3,024. The overall increase in the number of applicants who are processed is directly attributed to the shrinking of personal financial resources in our current economic climate, inability to find employment, job losses, and redundancies. Mr. Chairman, due to the economic climate, the categories of able- bodied unemployed and ear nings low persons have more than doubled over the last two to four years. This equates to a monthly pa yout of over $1,057,000 just for these two categories of clients. Mr. Chairman, expenditure over the last se veral years has increased from $9,700,000 per quarter in the first quarter of 2012/13 to over $12,500,000 for the third quarter of 2015/16. To recap, the high- ticket items for payout i nclude the following: 1. Rental Accommodations. Rental accommoda-tions paid to clients on a monthly basis have topped $1,350,000. The department has taken steps, via policy, to decrease the num-ber of applicants desiring to move into rental accommodations and not having a means to contribute to the cost of that rental unit. 2. Rest and Nursing Home Fees. These fees have a payout of approximately $783,500 monthly. 3. Insurance Premiums. This is a combination of both the cost of FutureCare for our seniors and HIP for persons under the age of 65, with a payout of over $752,725 monthly. 4. Food. On a monthly basis the cost of food has a payout of over $431,000.
Mr. Chairman, all able- bodied applicants are referred to the Department of Workforce Development and must register with them prior to even coming on as a client with the Department of Financial Assis-tance. This requirement has been in existence for a couple years and encourages Department of Financial
Bermuda House of Assembly Assistance cli ents to begin the process of looking for work in order to be in receipt of a financial award. Mr. Chairman, to further encourage ablebodied clients to shorten the length of time on assi stance, the department launched its Community Service Component in July 2014. The aim of community service is to make our clients more work ready by pr oviding service back to Government and to the numer-ous charities across the Island, while still being in r eceipt of a financial award. Clients are expected to provide up to 15 hours of community service after being on assistance for a period of at least three months, and are required to complete five job searches weekly (a reduction of 12 job searches weekly, that must be completed by cl ients who are not yet involved with the community service component). Mr. Chairman, while clients are receiving f inancial assistance, the department will continue its outreach to other Government departments and char ities Island- wide to engage able- bodied unemployed clients the ability to become work ready and contribute back to the Island of Bermuda. In the first instance, until more stakeholders can be included as part of this initiative, there will be a three- month community service rotation. As more stakeholders are secured, that period of time may be extended. Mr. Chairman, the department endeavours to further develop the community service component over time to ensure they are making a contribution of service while in receipt of their financial award from the Government of Bermuda. Mr. Chairman, the department will continue to maintain a working relationship with the Department of Workforce Development, other government agencies and non- governmental agencies, with a view to i ncreasing and enhancing collaboration in empowering financial assist ance clients to seek and find gainful employment. Mr. Chairman, the ultimate goal is to decrease the client’s dependence for assistance or to eliminate the need all together.
Child Day Care Allowance Programme Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, business unit 65050 also includes the Child Day Care Allowance Programme in the amount of $3,400,000 for Financial Year 2016/17, as shown on page C -19. This amount remains unchanged from the prior year. Mr. Chairman, the Child Day Care Allowance Program me was officially launched in November 2008, and is guided by the Child Day Care Allowance Act 2008, and the Child Day Care Allowance Regul ations 2008. The most recent legislative amendments affecting Child Day Care Allowance were made in 2013 with a view to revamping the current criteria and to impose additional conditions in order to increase client responsibility and accountability. Mr. Chairman, most parents on the pr ogramme remain single; employed and with two chi ldren (or less) in a registered or licensed child day care environment. The Government of Bermuda will co ntinue assisting parents with the cost of child day care, however, in order to remain within budgetary con-straints, the Department of Financial Assistance may have to pare back the level of benefit. Mr. Chairman, to date, the Child Day Care A llowance Programme has paid over $22,600,000 t owards the day care of over 3,456 children, and conti nues to lessen the financial burden of their parents and guardians. Mr. Chairman, for persons applying for receipt of the Child Day Care Allowance the child in question must be registered as Bermudian, which is deter-mined by the Department of Immigration. The Child Day Care Allowance Programme does not benefit non-Bermudians or PRC holders. Also, the child must also reside with the applicant at the time of applic ation. Mr. Chairman, this programme’s criteria is very different from that of the Financial Assistance Programme, in that, with this programme, a person’s eligibility is clearly centred on the total salary or wage of the applicant, if single, or of both parents, if mar-ried. Child maintenance payments are not factored as income into the assessment. Mr. Chairman, parents/guardians of children in the Child Day Care Allowance Programme are working, attending school, or looking for employment. If they are unemployed they must conduct job searches. Mr. Chairman, during 2015/16 the number of applicants for this programme resulted in over 300 families and 350 children benefiting. Another 40 appl icants were found ineligible as a result of having i ncomes over the currently established income thres hold of $55,000 per annum. Mr. Chairman, this programme does not scr utinise or penalise savings, in fact it encourages it. It is being suggested and encouraged that pa rents/guardians look at this small window of opport unity (while they are able to be in receipt of this financial award when their child is between the ages of zero and four) to begin saving and/or pay off current accumulated debt. Annual savings could amount up to $9,600 per annum, per child. Mr. Chairman, to date, the expenditure for the Child Day Care Allowance Programme has ranged from $267,000 to $340,000 monthly, with an average monthly award of approximately $796 monthly, per child. Total allocated expenditure for 2016/17 is $3,400,000 which remains consistent with the prior year, as shown on page C -19 of the Estimates Book. Mr. Chairman, the Department of Financial Assistance will continue to focus on internal policies and strategies to ensure that clients can benefit from enhanced in- house services, as well as outreach ser1584 21 March 2016 Official Hansard Report
Bermuda House of Assembly vices around issues dealing with minimising or elim inating financial strife. The department will continue to focus on strategies for reducing the overall expend iture of the department. Mr. Chairman, abuse, misuse, and fraud, continue to be committed by a small margin of recipients; however, one infraction remains one too many. The Department’s Anonymous Hotline for persons to r eport suspected cases of abuse of the system conti nues to work well. The Hotline was established in January 2014. The department continues to extend an invitation to members of the general public who may be aware of anyone who may be abusing the system, to report any possible misuse of Government funds by calling 297- STOP (7867). Mr. Chairman, during the Financial Year 2015/16, over 90 calls were made to 297- STOP (7867). Of these calls, 82 per cent have been substantiated; 74 cases have been confirmed fraud, with between 35 and 40 cases of attempted fraud; while 18 per cent have been unsubstantiated and 7 are cur-rently under investigation. Mr. Chairman, additionally, during Financial Year 2015/16, 61 clients/vendors were required to repay the department. The Department’s Investigative Officers netted over $98,000 in recovered funds during 2015/16 compared with $88,000 in the year 2014/15. Mr. Chairman, continued payouts of over $12,500,000, as in the third quarter of Financial Year 2015/16, continue to be entirely unsustainable. As mentioned earlier in my presentation, in order to be able to accommodate new client applications, and to remain within budgetary allocation limits, the Regul ations were amended to restrict the duration of benefits for able- bodied unemployed persons under the age of 65. The Government anticipates that the onset of new investment in the economy will create job opportuni-ties, allow clients to become more self -sufficient, and reduce their dependence on the public purse. Mr. Chairman, spending for the first quarter of 2015/16 was unprecedented at approximately $12,696,000. This amount was approximately 25.8 per cent of the allotted budget for 2015/16 and includes the payout for the Financial Assistance Pr ogramme, the Child Day Care Allowance Programme, institutional grant recipients, and overseas travel. It does not include administrative expenditure, including salaries, which would add an additional 2 per cent, thereby taking this to 27 per cent of the allotted budget for 2015/16. Mr. Chairman, spending for the second quarter of 2015/16 was more than $12,378,000. Similar to the first quarter, this figure includes payout for the F inancial Assistance Programme, the Child Day Care Allowance Programme, institutional grant recipients, and overseas travel, but excludes administrative ex-penditure. When both quarters are combined, this showed current total expenditure was approximately 50.8 per cent of the allotted budget for 2015/16, which was tracked to be 5 per cent over projected expend iture for the first six months of 2015/16. Total actual expenditure for the Financial Assistance Programme, the Child Day Care Allowance Programme, instit utional grant recipients, and overseas travel, but ex-cluding administrative expenditure stood at $42,471,000 as of January 31, 2016. Mr. Chairman, the total actual expenditure, i nclusive of administrative expenditure, was $44,775,000 as of January 31, 2016. This is in line with the projection of $50 million to $52 million that was made at the beginning of the third quarter given the influx of new applicants and the continued increase of caseloads. Mr. Chairman, the department continues to i ntroduce policies to encourage clients to be more ac-countable, responsible, and focused on a new vision of self -reliance as a means to slowing down and ult imately stopping this unsustainable trend.
Business Unit 65080—General Administration
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the total amount budgeted for this business unit 65080 for Financial Year 2016/17 is $3,636,000. This reflects a net increase of $594,000 when compared with the original estimate for Financial Year 2015/16 (as shown on page B -258). The increase is to fund the recruitment of additional staff in order for the depar tment to continue to adequately assess applicants and deliver services in an efficient manner . This business unit provides funding for ge neral administration and operational costs for the de-partment. As per the subjective analysis on page B - 258, the largest expenditure in this business unit is salaries, which represents 95 per cent, or $3,480,000 of the budget allotment. The full- time equivalent count remained at 33 in Financial Year 2015/16; however, it is proposed to increase it to 41 in 2016/17 (as evi-denced on page B- 259), which would have the effect of adding an additional team in order to support the case work. Mr. Chairman, currently each Financial Assi stance Worker within the Department of Financial A ssistance is responsible for a caseload of over 240 i ndividual clients. This amount exceeds what is acceptable best practice, which is closer to 100 to 125 cases per worker. The work performed by the staff involves collection and careful review, and analysis of various types of documents in order to complete a full as-sessment of each client. Clients are processed in a very efficient manner to ensure files and assessments are approved on a weekly basis in accordance with the department’s policies and procedures. The work performed by the staff is extremely challenging, de-manding, and strenuous as each staff member must pay close attention to detail at all times when evalua ting clients.
Bermuda House of Assembly Mr. Chairman, the department has budgeted $62,000 for Capital Acquisitions as per page C -13 of the Estimates Book. This funding is required for the upgrade and monitoring of the department’s software system (FASS). Th is upgrade is necessary to ensure that the FASS system can interface with the Gover nment’s E1 system and other networks associated with the processing of payment for Financial Assistance clients. The additional $12,000 is required to purchase office furniture and equipment. Mr. Chairman, explanations for changes to additional cost categories as per the subjective anal ysis found on page B -258 will now be provided:
Training
Hon. Patricia J. Gordon -Pamplin: The staff training budget has been reduced from $15,000 in 2015/16 to $9,000 for the ensuing year as a cost reduction measure.
Travel Hon. Patricia J. Gordon -Pamplin: The allocated budget for travel in 2016/17 is $1,000 which repr esents a decrease of $2,000 from the prior year. Travel in the ensuing year will be approved by the director only if critical and absolutely necessary. This expendi-ture is expected to be kept to a minimum.
Communications
Hon. Patricia J. Gordon -Pamplin: The allocated budget for Communications has been reduced by $1,000 to $4,000 in 2016/17.
Advertising and Promotion
Hon. Patricia J. Gordon -Pamplin: The amount budgeted for advertising and promotion in 2016/17 is $9,000 which represents a decrease of $9,000 from the prior year. As a means to achieve cost savings on advertising and promotion, brochures which were used in 2014/15 and 2015/16 will be used again in 2016/17. These brochures give an overview on ser-vices and processes by the department and are still being utilised.
Professional Services
Hon. Patricia J. Gordon- Pamplin: The cost of pr ofessional services is expected to be reduced by $15,000 to $20,000 in 2016/17.
Repair and Maintenance
Hon. Patricia J. Gordon -Pamplin: The amount budgeted for repair and maintenance in 2016/17 is $15,000, which represents a decrease of $12,000 from the prior year.
Materials and Supplies Hon. Patricia J. Gor don-Pamplin: The allocated budget for materials and supplies is $88,000 in the coming year, which represents a decrease of $7,000 from the prior year.
Equipment (Minor)
Hon. Patricia J. Gordon -Pamplin: The budget all ocation for minor equipment has been reduced to $5,000 in 2016/17.
Changes to Grant Contributions
Hon. Patricia J. Gordon -Pamplin: A listing of grants and contributions payable by the Department of F inancial Assistance can be found on page C -19 of the Estimates Book. As some of the grants are embedded in subaccounts under object code 7042, I will present a full listing for the benefit of Honourable Members. I am going to read two numbers which are the numbers and then the increase will be the third number, which will be the increase, so I am going to read three numbers on each. So the first will be Financial Year 2015/16, the second will be the Financial Year 2016/17 and then the third number for each will be the increase or decrease. • Care of the Blind, $30,000; $30,000; $0 • Meals on Wheels, $48,000; $48,000; $0 • Matilda Smith Williams Rest Home, $275,000; $250,000; $25,000 decrease • S.T.A.R. [Supportive Therapy for persons with Aids and their Relatives], $175,000; $150,000; $25,000 decrease • Teen Haven, $225,000; $200,000; $25,000 decrease • Salvat ion Army, $450,000; $400,000; $50,000 decrease • Summerhaven, $425,000; $300,000; $125,000 decrease • Packwood Rest Home, $375,000; $300,000; $75,000 decrease
Subtotal for Organisational Grants $2,003,000; $1,678,000; $325,000 net decrease. • Child Day Care Allowance, $3.4 million; $3.4 million; $0 • Financial (Social) Assistance, $41.361 million; $46.447 million; $5,086,000 increase
Total Grants $46.089 million; $50.925 million; an increase of $4,836,000.
Changes above relate to: Organisational grants for Matilda Smith Williams Rest Home; 1586 21 March 2016 Official Hansard Report
Bermuda House of Assembly S.T.A.R.; Teen Haven; Salvation Army; Summerhaven; and Packwood Rest Home have experienced a total net decrease of $325,000 compared to the prior year. This decrease is attributable to the medium term expenditure framework —deficit reduction strategy, and the department will endeavour to stay within the established financial framework. I will, however, point out that individual clients who are resident in these specific facilities are also in receipt of the awards to which they are entitled under Financial Assistance for their home care and nursing home care. So these reductions are for the overall organisation, it does not impact the individuals who would be eligible to get additional funding for their own personal circumstances. Financial (Social) Assistance has an alloc ation of $46,447,000 in 2016/17. This will allow the de-partment to continue to provide financial awards to Bermuda’s neediest population. The department recognises that the onset of additional economic stimuli into the economy will create opportunities, allow cl ients to become more self -sufficient, and reduce the dependence on the public purse.
Performance Measures Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, explanations for performance measures as found on page B -260 will now follow: • To provide financial awards to 100 per cent of the department’s new financial assistance cli-ents within 10 working days . In 2015/16 the Department of Financial Assi stance was successful in providing clients with financial assistance within 10 working days. This process begins with an applicant applying for pre- screening at the department on day one. During the pre- screen interview, the applicant is informed of identification and documents that they will need to submit in order for a file to be made for an assessment. An example of documents might include: bank statements; medical form; and relevant bills such as BELCO and BTC; as well as picture identification, for example in the form of a valid passport. The onus is on the app licant to su bmit the required identification and documents in a timely manner. Once all documents have been su bmitted then a file is created and vetted by the prescreen manager, which results in an appointment be-ing made with the Financial Assistance worker to as-sess the case. This process is generally completed within 7 to 10 days. The department continues to successfully attain 100 per cent of this performance measure; however, this can only be achieved if the applicant returns all required information in a timely manner. • To award grants to charitable organisations within 30 days of receiving request doc uments. All organisational grant recipients must submit a letter of request along with quarterly financial stat ements requesting a quarterly grant allotment. Once received, the information is reviewed by the Director of Department of Financial Assistance, and if all i nformation is correct request for payment is approved. As shown on page B -260, all eight organisational grant recipients received grants per their requests. • To provide awards to 100 per cent of the day care providers by last day of month before awards are due. Documents submitted by parents/guardians of children in the Child Day Care Allowance Programme are assessed on a quarterly basis. Once a financial assistance worker has made an assessment, the f inancial assistance manager will either approve or r eject the award. Approvals for all day care payments are made directly to the day care providers. This is generally done every three months and payments are made on the first of each month within that three - month period. In the main, these payments were achieved on time for 2015/16. • To ensure that all 33 employees successfully complete at least one relevant training course per year . All Fina ncial Assistance employees have not successfully completed this goal as either the course they requested was cancelled or they were unable to attend relevant training due to their sizeable caseloads. • To complete 700 site visits for financial assistance clients during the year. The Department of Financial Assistance aims to complete at least one home visit each calendar year for all new clients. However, with the increasing number of new cases, financial assistance workers have been unable to make the desired amount of home visits. Although prospective clients may not be seen in the calendar year in which they become a cl ient, they are seen shortly thereafter. I will also point out that the increase in staffing for which we are now just awaiting Cabinet approval, as mentioned, and is provided for in the Budget Book, will help to alleviate the backlog that might be created by the additional caseload of the workers. Mr. Chairman, I would like to express my si ncere appreciation to the staff of the Financial Assi stance Department for their continued commitment and for the efficient manner in which they carry out their duties and responsibilities. I said at the outset the D irector for that department is Dianna Taylor. This now concludes my presentation on F inancial Year 2016/17 budgetary allocation for Head 55, the Department of Financial Assistance. Mr. Chairman, I would just like to also point out, because I did not do it at the outset when I did the Ministry Headquarters, that the entire department and the en-tire Ministry is led under the very able leadership of my Permanent Secretary who is Wayne Carey, who is
Bermuda House of Assembly in the Gallery here, as well as Ms. Taylor who is there, and I think I see somebody else down there —
[Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: Oh, I cannot see who it is. I am sorry, I just could not see, it is dark down that way, but I am deeply appreciative to them as well as to each of the department heads, all of the directors, as well as to my personal assistant in the Minist ry, Ms. Tracey Wilkinson, and all of the support staff. Mr. Chairman, we have a staff within the Mi nistry of which we can be truly proud. They are the consummate professionals, and I am very, very pleased and honoured to have them as my support team. And for the department heads that I will not have the opportunity to discuss, I would also like to just acknowledge and thank the directors of those departments as well, which are Joanne Brangman of the Department of Libraries, as well as the Department of Archives where we have got Bev Morfitt as the Acting Director. Mr. Chairman, with those remarks I would like to invite other Members to participate in this debate. Thank you.
The ChairmanChairmanThank you, Minister, for your prese ntation. The Minister has presented the Heads 71, 20, 23, 52 and 55. Does any other Member wish to speak to them? I recognise the Shadow Minister, MP Weeks. You have the floor.
Mr. Michael A. WeeksThank you, Mr. Chairman. I would like to start off this debate by thanking the Honourable Minister of Community, Culture and Sport for allowing me some time and she did a thor-ough job in breaking down this Ministry.
The ChairmanChairmanMP, just for your . . . to keep you aware, there is about an hour and 49 minutes or so left.
Mr. Michael A. WeeksAll right. Thank you, Mr. Chairman. And I am not just saying this because this is my Shadow Ministry, but I think that this particular Ministry is one of the most important ministries that we have. And I say that to say, Mr. Chairman, that this is the Ministry that …
All right. Thank you, Mr. Chairman. And I am not just saying this because this is my Shadow Ministry, but I think that this particular Ministry is one of the most important ministries that we have. And I say that to say, Mr. Chairman, that this is the Ministry that gauges the pulse and the condition of a large section of our people. So I think we must always be mindful of how we treat those that are the least among us and most in need of and looking to Government for assistance. Mr. Chairman, as I start I have to reflect a minute. As I was preparing for this debate this week-end, I remembered the Minister of Education’s r emarks last year. When he made his contribution to last year’s debate he said that the year before . . . he said what I said last year sounded very much like the pr evious year . So try as I might, Mr. Chairman, to change some of those remarks, most of them are going to remain relatively the same. Why you may ask? B ecause not much of what this OBA Government has done has changed. We are relatively close to where we were last year . And no matter how we may look at it, Mr. Chairman, as I said before, the Ministry of Community and Culture binds our country together. To me it is the glue. It is like the mortar that addresses and connects ministries like our Health, our Education, and Sport, and Public Safety —just to name a few. So as I start my remarks, I want [to refer] the Chairman to page C -37 where they have the expend itures breakdown. And I see, Mr. Chairman, there are about six different ministries with a bigger slice of the pie, so to speak, than Community, Culture and Sports. So my argument is that if we really want to fix a lot of what is happening in our community, we have to rec-ognise the role that Community, Culture and Sport can play in not only the development of our country and community, but addressing a lot of the social ills. So rather than spend so much money on things like National Security . . . and that is another one of the statements I made last year and I think I made it the year before last and I will make it again. And I keep making it because I use the words of my momma, she always used to say, An ounce of prevention is worth a pound of cure. So having said that, Mr. Chairman, let us begin by looking closely at the heads beginning on page B-225. Head 71, the Ministry of Community, Culture and Sport Headquarters has been increased this year by $550,000.
[Pause]
Mr. Michael A. WeeksIt is a little dark, Mr. Chai rman, I need to get this book closer to me. So, Mr. Chairman, where was I? On page B - 225, Head 71, t he Ministry of Community, Culture and Sport Headquarters. It has been increased this year by $550,000 and the year …
It is a little dark, Mr. Chai rman, I need to get this book closer to me. So, Mr. Chairman, where was I? On page B - 225, Head 71, t he Ministry of Community, Culture and Sport Headquarters. It has been increased this year by $550,000 and the year before it had a decrease of $182,000. Head 20, Youth, Sport and Recreation, Mr. Chairman, after being slashed by $1.2 million in 2015/16 it is being further cut by almost $500,000 at $486,000 for Fiscal Year 2016/17. 1588 21 March 2016 Official Hansard Report
Bermuda House of Assembly Head 23, Mr. Chairman, the Department of Child and Family Services which was chopped by $2 million in Fiscal Year 2015/16, this year we have had an increase of $998,[000]. Head 52, the Department of Community and Cultural Affairs, has been cut by $330,000 in 2015/16 and now they have a further cut of $142,000 in fiscal year 2016/17. Head 55, Financial Assistance, we had an i ncrease of $5.4 million for Fiscal Year 2016/17 and we had a corresponding increase of $2.1 million for 2015/16. Mr. Chairman, I cannot stress enough that if we adequately fund these particular departments this Ministry . . . I am just trying to organised here, Mr. Chairman. You did say I have got some time, yes?
Mr. Michael A. WeeksAll right. Mr. Chairman, as I was saying, I cannot stress enough that if we properly fund and recognise the i mportance of these various departments, it can go a long way in addressing a lot of our social issues on the front end. Mr. Chairman, some say that we …
All right. Mr. Chairman, as I was saying, I cannot stress enough that if we properly fund and recognise the i mportance of these various departments, it can go a long way in addressing a lot of our social issues on the front end. Mr. Chairman, some say that we are coming out of the recession, but one sure indicator, in my humble opinion, is to listen to those that depend on Government services. A lot of these social pr ogrammes, Mr. Chairman, impact our everyday Mr. and Mrs. Bermuda. So having said those few remarks, I am going to page B -226, that is the Ministry of Community, Culture and Sport and that expenditure has an increase of $550,000. Now, I follow where on page B -227 that there has been an increase in Employee/Admin of a corr esponding staff of two. But when I go to look at the Per-formance Measures on page B- 228, I see where four Women’s Council meetings were scheduled to be per-formed last fiscal year, one [per] quarter, and it act ually had been forecast to have none completed by the end of this fiscal year and no Women’s Council meet-ings at all coming up for this year. So I have to ask the Minister, Mr. Chairman, some questions. Now, Madam Minister, how should we do this? Should I ask all the questions for the Head and then we address it? Hon. Patricia J. Gordon -Pamplin: Ask all your questions.
Mr. Michael A. WeeksFor the Head or for the whole? Hon. Patricia J. Gordon -Pamplin: Ask all your questions for everything.
Mr. Michael A. WeeksOkay. All ri ght. Not many. Can the Minister explain the purpose of the Women’s Council meetings? And why were there no meetings conducted— [Inaudible interjections, laughter and crosstalk]
Mr. Michael A. WeeksWell, you certainly woke them up, Mr. Chairman. [Inau dible interjections]
Mr. Michael A. WeeksAnd why, Madam Minister, are there no Women’s Council meetings projected for 2016/17? Back to [page] B -227, I see there is a 250 per cent increase in Training, a 68 per cent increase in Professional Services, and when I try to find out what that relates to or what …
And why, Madam Minister, are there no Women’s Council meetings projected for 2016/17? Back to [page] B -227, I see there is a 250 per cent increase in Training, a 68 per cent increase in Professional Services, and when I try to find out what that relates to or what that related to I could not. So can the Minister articulate what professional services does this increase in Professional Services relate to? I see also that there is another decrease of $30,000 in Grants and Contributions, to be exact. And when I turn to page C -18, Mr. Chairman—
[Inaudible interjection]
Mr. Michael A. Weeks—ready for me, Mr. Chai rman? Okay. As I turn to page C -18 under Grants and Contributions, just to follow where that decrease came from, I noticed that it was to Parish Council commi tments. And again, Mr. Chairman, a lot of what I said last year I say …
—ready for me, Mr. Chai rman? Okay. As I turn to page C -18 under Grants and Contributions, just to follow where that decrease came from, I noticed that it was to Parish Council commi tments. And again, Mr. Chairman, a lot of what I said last year I say again today, that when I see a two- year gradual decrease in parish council commitments, and I strongly feel that in recognising the historical signif icance of our parish councils and what they can do and be for us in today’s climate, almost goes without saying. So what I am saying is I would like to suggest that we look a little closer to these parish councils. What and how does the Minister view the role of the parish councils nowadays? Because the way I look at it, we can really make these hubs as far as we could use them to create some community guidance, we could have the parish nurse, legal advice, all that kind of stuff can come up out of our parish councils. Okay, that really ends my remarks on Head 71, really not much there. Let us move now, Mr. Chairman, to [page] B - 238, Head 20, Youth, Sport and Recreation. I notice here, Mr. Chairman, that as I make my remarks, I am mindful of a lot of the budding athletes that we have in Bermuda. We have a lot of talent right here and this is one of the areas I said earlier that if we put a little less money in National Security and a little more money in Community, Culture and Sport, we ma y very well be able to direct and redirect a lot of our young athletes before incarceration, before ankle bracelets, and be-fore a lot of their opportunities can be lost and side-tracked. Because too often I think that we demand
Bermuda House of Assembly excellence from our athletes, especially when they compete internationally, but I feel that we do not pr ovide the proper financial support and other resources. Not only can we produce these great athletes, but as a consequence —intended or otherwise, Mr. Chairman— we can create a healthy community by focusing more of our commitment, energy, and r esources at the front end rather than the back end. So as we go, Mr. Chairman, I think I am going to see where the glue that I talked about earlier comes into play, the glue and the mortar in building our community. So this 2016/17 Budget represents a decrease of $486,000. This is after a substantive de-crease last year, as I mentioned, when this very budget had a cut of $1.2 million, Mr. Chairman. That is decrease of almost $2 million in two years. So when I look closely at page B -241, where they have the employee numbers of full -time equiv alents I notice a decrease of five staff members. Now this jumped out at me because this is in relation to our Community Centres. Over the last six to eight months, Mr. Chairman, we have had a lot of . . . not a lot, but over the last six months a few times we have seen in the news some issues dealing with our Community Centres. And so if I may, Mr. Chairman, just remind this Honourable House that last year in October 2015 there was a report that our Community Centres were in danger of being closed and/or staff were being cut. So a colleague of mine who sits in another place was interviewed for TV, and she articulated our sent iments, my sentiments exactly, of the importance of these Community Centres and the role that they have played and that they continue to play in our communi-ties, Mr. Chairman. Of course those, I do not know, probably like me . . . for those of us who came up in the Community Centre envir onment, we know that everything is right there, or was right there, for us in the hood, so to speak. There were afterschool programmes, summer day camp. Nothing was formal. It was just there, martial arts, seniors programmes, you think about it, you name it, that is what our Community Centres had. So I have to wonder with a cut of five staff members for these Community Centres, my question to the Minister is, how is this going to affect the ser-vices to these centres? And another observation, is this the fir st step of closing some of these Community Centres? I had an idea though, Mr. Chairman, as I was doing my preparation. We have talked or we have heard a lot of talk from the Government about hotels coming on board, especially from our now former Tourism Minister, he was very elated and feeling good about these hotels. But my argument is, as I said, when these developers come in, we should be able to challenge them to put some money into our communities. Be-cause it does not make sense to have a big hotel on the hill [costing] $1 million, $2 million, $3 million, $400 million [but] right in our communities, things are falling apart. Where are those young men going to go? What is going to happen to those programmes? What is going to happen to the ambience of that hotel b ecause everybody needs to come off of the property sometime? So let us challenge these developers that bring these funds into Bermuda to invest a little bit of money into some of our community projects. Mr. Chairman, still on the Community Centre on page 241 under Employee Numbers, last summer I think we got our first taste, Mr. Chairman, that all was not well for our Community Centres when, you may remember, Mr. Chairman, when Somerset Community Centre was in danger, well, as the residents thought, of being closed down. Some of those residents had picketed and protested outside the Community Centre in a disagreement with the reduced summer schedule. One of the mothers (and her name escapes me right now) had this placard that said “S -O-S,” but it w as not Save our Souls, it was, if I remember correctly, Save our Sons. Because her argument was if these Community Centres close down, where will her sons go, the sons of Somerset Community Club, or the sons of the Somerset community go? I must remark while I am talking about Somerset that Sandys 360, I think, is closed, or last I checked. So you have got Sandys 360 closed, Som-erset Community Centre cutting down on services and probably operating hours. I just foresee a lot of our young men sitting on the wall and getting into unt oward activity, and it leads me right back to what I said about the glue. You put money on the front end, a lot of those young men would not be out there finding idle time and finding themselves into mischief and doing things that they should not be doing. So as I am going on, Mr. Chairman, a lot of times we hear the negative rumblings about our Community Centres, in particular, some untoward b ehaviour as to what happens around there. We r emember, those of us who came up in the C ommunity Centre, it was not all peaches and cream. But it was only a small segment of untoward behaviour. So that does not . . . that should in no way negate the value of these Community Centres because that is where a lot of the nurturing was done back when I was a little youngster coming up and I learned a lot of our social skills and social etiquette right around the Pembroke Youth Centre. So, Mr. Chairman, having said that I reme mber coming up there. I remember some good things coming out of there —Clar ence Hill (professional); Troy Darrell (another professional), not many people will remember Quinn Paynter (he was another professional). But as a bye one of our idols for our so- called Back O’ Town byes was Roy Johnson. As a little kid, I think he was on his way out; but he was another pr ofessional that came up out of the Pembroke Youth Centre. 1590 21 March 2016 Official Hansard Report
Bermuda House of Assembly But, Mr. Chairman, we could fast forward. Just last September or October (I think), I got up in this Honourable House and talked about another product of the Pembroke Youth Centre, what we affectionately call the PYC, Sentwali Woolridge who won a Gold medal at the Pan American Games, Pan American Championships last September. So I am just talking about those guys just as a reminder that in our quest as gatekeepers of our community we need to make certain that our Comm unity Centres remain open and they remain viable, Mr. Chairman. And especially in this climate where unem-ployment is rife and as a result parents cannot afford a lot of the formal day care activities, thi s is where Government can assist in a small way in making sure that our Community Centres remain open . . . more so than just remain open, remain viable to assist these single parents especially who are looking for som ewhere for their children to go. So ha ving said all that, I just have another question for you. Can the Minister explain if these cuts or how these cuts will affect the services of these Community Centres? And are we denying, and espe-cially with the Minister being an avid sports woman in her day (well, she is still pretty young, but she used to be really into sports) —
[Laughter] [Inaudible interjection and laughter]
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman!
Mr. Michael A. WeeksBrownie points, brownie points, Mr. Chairman. Hon. Patricia J. Gordon- Pamplin: Mr. Chairman. [Laughter]
Mr. Michael A. WeeksSo I am asking, and it is just a general question, so with the cuts in these Community Centres are we denying the rise of the next Clarence Hill or the Sentwali Woolridge with a cut to these services in our Community Centres? So while we are still on page …
So I am asking, and it is just a general question, so with the cuts in these Community Centres are we denying the rise of the next Clarence Hill or the Sentwali Woolridge with a cut to these services in our Community Centres? So while we are still on page 240, I want to step quickly to page C -19, Grants and Contributions, as it relates to Youth, Sport and Recreation. Line item 6884, National Stadium Trustees, I see there has been a further decrease in the National Stadium Trustee grant contribution from the Government. My ques-tion is, are these monies for maintenance and/or sal aries or just general upkeep? Because my comment is that after the Government spending so much money to refurbish this National Stadium, we must make sure that they have enough funds to keep it in the condition that it should be in. So we have to be careful of the cuts that we are making up at the National Stadium. And line item 6888, Mr. Chairman, still under Youth, Sport and Recreation on page C -19, I was a little, I will not say shocked or taken aback, but the Bermuda Yachting Association in the climate that we are in right now in preparing for the America’s Cup, I was kind of surprised that I see that for the second year running funding for the Bermuda Yachting Ass ociation has been defunded. I would like for the Mini ster, when she gets the opportunity, to explain that. How does that affect our budding athletes, especially those youngsters now that want to sail after seeing and getting a glimpse of this America’s Cup? Okay, Mr. Chairman, let us go back to page B-239, cost centre 2001, line item 30045, that cut of $77,000, or 5 per cent. When I looked in the Perfor mance Measures, which begin on page B -242, ther e was no explanation in the Performance Measures for line item 30045. So, obviously, I would ask the Minis-ter if she could explain that when she gets the opportunity. What does that $77,000 decrease relate to? Cost centre 2004, line item 30060, Sports F acilities, I see a decrease of $55,000, or 6 per cent. And, again, when I turn to Performance Measures to see what that relates to there is no explanation there. So can the Minister explain which facilities and how will these cuts affect these sports facilit ies? Mr. Chairman, I am still on cost centre 2004, on page B -239, line item 30390.
[Inaudible interjections]
Mr. Michael A. WeeksI can wait. All right. Line item 30390, cost centre 2004, I see a decrease of only $4,000 so that is not, it does not appear to be much, but every cut to these clubs, these sporting facilities and fields is significant. And I make those comments because as I …
I can wait. All right. Line item 30390, cost centre 2004, I see a decrease of only $4,000 so that is not, it does not appear to be much, but every cut to these clubs, these sporting facilities and fields is significant. And I make those comments because as I turn to page B -243, business unit 30390, I see, Mr. Chairman, I see a pr ojected increase in the usage of these facilit ies by u pwards of 350 people. So my question is, can the Mi nister explain this contradiction because you are going to decrease funding, but there is a projected increase in usage? So go back to page B -239, Mr. Chairman, cost centre 2005, line item 30210, I see another decrease and on the face of it it looks like a small de-crease, but as I go back to the Performance Measures just to follow -up with it where in business unit 30210, on page B -243 (where am I?) I notice at the Performance Measure to ensure the quality of service, the Performance Measure has been discontinued. And I find this a little concer ning, so can the Minister explain why the Performance Measures to ensure quality when it comes to our After School Programme of the continuing of service is b eing discontinued?
Hon. Patricia J. Gordon- Pamplin: Where is this? On [Page] B -243 you said?
Bermuda House of Assembly Mr. Michael A. Weeks: Page B -243 and it is line item—I am sorry, [business] unit, 30210. That is about —
Hon. Patricia J. Gordon -Pamplin: Yes, I see it.
Mr. Mich ael A. WeeksYou got it? Okay. Okay, Mr. Chairman, cost centre 2007 on page B -239, I notice a decrease in Camping Administration and various decreases in different campsites, ranging from 3 per cent to 41 per cent. So I turn to page B -243 to see the Performance Measures and I …
You got it? Okay. Okay, Mr. Chairman, cost centre 2007 on page B -239, I notice a decrease in Camping Administration and various decreases in different campsites, ranging from 3 per cent to 41 per cent. So I turn to page B -243 to see the Performance Measures and I see in business unit 30150 that there has been an expected usage increase of, it has risen by 500 people. So again, Mr. Chairman, I think that it would be prudent for our Minister to explain the projected i ncrease of 500 people using the site, but a correspon ding decrease of funding. I may be missing something, but perhaps, the Minister can enlighten me, with more people using it but less funding being allocated. Still on page B -239, Mr. Chairman, cost centre 2008, which is School Age Activities, I see another decrease for School Age Activities at a time when our parents are looking for this kind of assistance, especially with hours being cut, unemployment on the rise. It is these little things that we could do to help our communities in need. And, again, Mr. Chairman, this is the glue and the mortar that I have been talking about. When I look on page B -243, still under the School Age Activities, but the performance measure on B -243, I see there has been a drastic drop in pr ojection. And when I do my research, the numbers at the After School Programme are actually pretty healthy, maybe even increasing. But I see a projected performance measure that says it is looking to drop this year. Can the Minister explain that? On page B -240, Mr. Chairman, cost centre 30125, that is the After School Programme. And again, Mr. Chairman, I see a steady decrease over the last two years of the grant funding given to the After School Programme. I had done some calling around and the overwhelming answer I was getting was that a lot of these after school programmes are actually over -subscribed. So my question is, why is there a decrease in funding? On page B -243, when I look at the After School Programme, and again when I see the aver-age number of participants per annum, the perfor mance measure to determine the number of participants per annum is being discontinued. So how are we look-ing to cut funding to these vital after school pr ogrammes and we do not even know or we are no longer looking to see how many people are there in the first place? Again, hopefully, the Minister can help and explain that for me. Before I move on to Head 23, Mr. Chairman, I would like to make mention of a few things. I would like to refer to page B -238, the Ministry of Youth, Sport and Recreation’s mission statement, which states in part (I am not going to read the whole thing): “[We will] advance amateur sport, recreation and youth development for all . . . .” And I read that, Mr. Chairman, because just over the last month when I read the sports page just to make sure, as the Shadow, I am kind of up on it, there are a few things I need to mention. I wonder what our National Football coach, currently, Mr. Andrew Bascome, meant when he said in the RG on February 22 nd that Bermuda, We are not just good enough . . . we are just not good enough. I do not believe he meant our skill set, Mr. Chairman. What I strongly believe, because we have a good ta lent pool, but rather our resources, Mr. Chairman, f inancial and otherwise. So how are we going to adequately start to support our athletes in such a way that they are able to compete when we expect the best out of them when they go internationally? But less than a week after that, Mr. Chairman, the Somerset Cricket Club coach, less than a week after the comments of the National Football coach, the Somerset Cricket Club coach said, he launched a bli stering attack on us and our sporting officials when he took the, some might say, Mighty Somerset Trojans down to Haiti. This is w hat he said, Mr. Chairman, “Haiti’s footballers had better facilities at their disposal, d espite the shocking poverty in the country.” Where are we focusing our resources, Mr. Chairman? Where are we focusing our resources when we can go to a Third World country, so to speak (and I do not like using that term, but a country that is not as well off as Bermuda) and the players come back and say, Even those sporting facilities are better than ours. I am not finished yet in my comment, Mr. Chairman, because a week after that I was reading the newspaper preparing for the House and I came across an article by Mrs. Donna Raynor, the President of the Bermuda National Athletic Association. And this was on March 12 th. She said . . . not all, but she said, A lack of financial support impacts next month’s invit ational at National Sports Centre. So she lamented that after a cut by Government in last year’s budget, this association is “close to running on zero.” And I was shocked as I was reading it because this being an Olympic year, Mr. Chairman, this association has to consider whether or not they are going to hire a n ational coach. Well, ain’t that crazy? Again, this is the glue, this is the mortar, this is the front end of taking care of our community before the back end is utilised. But before I move on to the next Head, I would like to take hats off to our former Premier, Dr. Brown, who a few days later made a donation to the Bermuda National Athletic Association. So perhaps the OBA Government can take a page out of his hat and reach out to the international companies on our shores and request that they put some monies back 1592 21 March 2016 Official Hansard Report
Bermuda House of Assembly into this community which could assist in this and other social arenas. And while I am talking on that, Mr. Chairman, just doing some quick math, I think [that if] a lot of these international companies were asked to contri bute 0.1 per cent of any profits, our country may not be in the position that it is in today, especially when it comes to assisting those that are in need. And while I am at it, Mr. Chairman, our N ational Cricket coach, Clay Smith, in my humble opi nion is one of the best cricketers of his generation. He is now the National Cricket coach. He has played here and overseas. He has been given the responsibility to return our programme to its former glory. There was a time we were in, I think, Division 1. We are down to Division 5 or 6. Clay Smith has been handed the mantle of bringing our programme back up. He was given a part -time position, he is not full -time. My suggestion is that, again, we put monies into that kind of pr ogramme. This person could get into our schools, teach some of our youngsters, help again to keep them off the street, help them to choose a better direction, and give us the real opportunity to try to get back to our former glory, not just on paper, not just on emotion, but real, real . . . a real hard effort. So I have to ask the Minister, how serious is our Government about sport and what sport can do in the development of our communities? So moving on, Mr. Chairman, it has been said many times, and I have said it every time I have debated this, and this is my third year debating the Community, Culture and Sport budget, and my r esearch has not changed, and just on the last Throne Speech, [rather] the last Reply to the Throne Speech by our side, our Opposition Leader said, and I quote him, “Sport is seen by many as a more cost -effective approach to dealing with social problems than correc ting the consequences of aggression, crime, violence, and abuse through police, correctional or social ser-vices.” Let us now move on to Head 23, Mr. Chai rman. You can find that on page B- 244. Cost centre 2302, Child and Family Services, located on page B - 244. I see a cut on page B -245, line item 33020, Family Services. Mr. Chairman, this always concerns me because I have said over and over, having worked in Child and Family Services for quite some time, I know what it takes the workers . . . and I have to take my hat off to them in addressing a lot of the needs of our children and our broken families. And when I see expenditure cuts to these particular services, it really concerns me. And again, more so because of our cl imate, unemployment is on the increase so the need for Family Services and family services intervention really in creases, it does not decrease. So when we make these cuts here, I find it very concerning be-cause things like Family Services, Foster Care (which is line item 33030), these are vital needs and r esources for our communities. Mr. Chairman, with so many of our families facing financial difficulty because of our current cl imate, the potential for stress and disruption of our families is really at an all time high. And I am saying that this is not just from research, but I’ve lived it, I’ve worked it, and I know how it can [even] be in good financial times, the potential for [family] disruption. So one can only imagine the need for support now be-cause of our current [economic] climate. So I would like to ask the Minister, has she considered how these cuts can negatively impact any person that needs these services? Page B -245, Mr. Chairman, cost centre 2304, line item 33130, Grant Funding. Try as I might, I could not find it, so can the Minister explain what this Grant Funding is for? And what, if any, these cuts in Grant Funding would have? And it makes me wonder when I go back to the mission statement, that if these cuts that I see un-der these various cost centres going against, going against what the mission statement says. If I may read it to you, Mr. Chairman, “To promote and protect the best interests and social well -being of our children, adults and families in order to enhance their social functioning and their qual ity of life.” So on page B- 245, cost centre 2303, line item 33060, I see a decrease in the Home Based Pr ogramme. And when I look at B- 247, I see a decrease in employees as it relates to the Home Based Pr ogramme. Again, knowing first -hand, Mr. Chairman, we need workers in the Home Based Programme. This is the source of security for a lot of children who have come into the system and returned to the various homes. Again, I know this from a first -hand exper ience. You cannot minimise it, you cannot negate it, you cannot nod your head in agreement, (all right?) thinking other things are more important and not rec-ognise that if we do not take care of our situation on the front end a lot of the things that we are doing on the back end, all we are going to be doing is spinning our wheels. So can the Minister explain how these cuts would not impact this essential service? Let us move now, Mr. Chairman, to Head 52 located on page B -251. Oh, before I go there, Mr. Chairman, let me go back. I have one more question on page B -246 in Child and Family Services. I was listening to the Mi nister’s brief and she talked about the revenue increase is now a flat rate of $400 per child. Who pays this flat rate? Is this a part of the Child Day Care allowance that Government provides? And if it is not, how would this affect our single parents? I heard the Minister talk about a sliding scale, how is the sliding scale different from the flat rate of $400? And I see I made a note to myself to go to [page] C -19, Grants and Contributions. I see that
Bermuda House of Assembly Women’s Resource Centre and the Physical Abuse Centre both have been defunded by Government. These are charities that help . . . these are charities, Mr. Chairman, that, again, in the climate that we are living, these services become more important be-cause stress and family breakups and all those kinds of things that come with a recession or with a loss of job, a Women’s Resource Centre needs to be funded, and a Physical Abuse Centre also needs to be funded and supported. So what does this defunding, Mr. Chairman, I ask the Minister, what does this defunding do to these two vital agenc ies? Let us move now, Mr. Chairman, to Head 52. Ah! Before I go there, Mr. Chairman, I spoke on Head 20, Head 23, and I spoke on Head 71 — Headquarters without thanking all those workers in those different departments for the jobs that they do in our community. So let me apologise to them because I know what their jobs are and I know the stresses that come with it in trying to bring a smile to peoples’ faces, trying to help in some little way. So before I move on to Head 52, I would like to thank them for the job they do. And as I am sitting here looking at the guy that runs it all, the Permanent Secretary, I hope he accepts my apology for not acknowledging him earlier. So hats off to Mr. Wayne Carey and all his staff for the jobs that they do throughout the different departments. So, Mr. Chairman, now moving on to Head 52, Community and Cultural Affairs, located on page B-251, cost centre 5202, Cultural Affairs, cost centre 5203, Community Services, and cost centre 5304, Community Education. These programmes, Mr. Chairman, these programmes here are the ones that provide the cul-tural assistance to us in our community. I note an overall decrease of $140,000, or 5 per cent. In cost centre 5202, line item 62020, on page B -251, under Heritage Celebrations, it just reminded me again, I have been trying to lobby for quite some time for a change in the date of our Bermuda Day Holiday. Every chance I get when I get to my feet I am going to keep pushing for it until we get to that glorious day of really having some respect for Bermuda Day.
[Mr. Walton Brown, Chairman]
The ChairmanChairmanOf course, you are going to push for it within the relevant line item.
Mr. Michael A. WeeksYes, it is sir. It is cost centre 5202, line item 62020, Heritage Celebrations. Yes? Can I continue, Mr. Chairman?
Mr. Michael A. WeeksWell, having said that, Mr. Chairman, I am going to take the opportunity to again trumpet the cause that we need to really bring some really historical perspective and cultural pride to this thing that we call Bermuda Day and put something into it. And guess what, Mr. Chairman? We …
Well, having said that, Mr. Chairman, I am going to take the opportunity to again trumpet the cause that we need to really bring some really historical perspective and cultural pride to this thing that we call Bermuda Day and put something into it. And guess what, Mr. Chairman? We could even link that to Tourism. Yes, I know you heard me say it bef ore, but I am going to say it again. We can link it to Tourism because we have to compete, and with a country like Cuba opening up now, we could talk tourism, but if we do not start putting things in place that are going to bring tourists to our land, thos e hotels will be nothing but buildings, empty buildings. You know, I could not let that slide, Mr. Chairman. So cost centre 5203, Community Service, line item 62130, our Senior Projects, I notice a decrease of $38,000, or 32 per cent. Last year the Government cut this particular line item by $33,000. This year it is $38,000. When it comes to our seniors, what impact does this have? My question is, what impact do these cuts have on our senior citizens’ projects?
[Inaudible interjection] Hon. Patricia J. Gordon -Pamplin: He is asking the same questions . . . déjà vu.
Mr. Michael A. WeeksI hear Members on the other side saying it is déjà vu. It is déjà vu twice over because two years ago it was that way . And I made mention when I was first starting and I was waiting for the Minister of Education to join us. I am …
I hear Members on the other side saying it is déjà vu. It is déjà vu twice over because two years ago it was that way . And I made mention when I was first starting and I was waiting for the Minister of Education to join us. I am glad that you are here with us.
Hon. R. Wayne Scott: Glad to be here.
Mr. Michael A. WeeksMr. Chairman, cost centre 5204, Community Education, line item 62150, Community Education Course. I see, Mr. Chairman, that, again, I see where the Minister has seen fit to cut the Community Education budget. I would like to ask her, who is impacted by this? When I look at Performance Measures …
Mr. Chairman, cost centre 5204, Community Education, line item 62150, Community Education Course. I see, Mr. Chairman, that, again, I see where the Minister has seen fit to cut the Community Education budget. I would like to ask her, who is impacted by this? When I look at Performance Measures on page B- 256, business unit 62150, Community Education Course, the target outcome for 2016/17 is 2,700 people, 400 less than last year. I have to ask, is it because these courses are too expensive for our people that are trying to retool? Or, for some reason, a lot of people that need these courses cannot [travel] to where they need to be to take these courses. I am a little shocked that it is a decrease in our target outcome of 400 people. Mr. Chairman, I would like to ask the Minister, has she ever considered that perhaps our Community Education centres, especially the one in St. David’s, may not be easily accessible to people that need to get to these centres to sign up for some of these courses? And also has the, Mr. Chairman, can the Minister have a brainstorm or have some people look into how we can increase enrolment to make these courses more accessible to Mr. and Mrs. Jane Doe Bermuda who need to upgrade skills to eventually help them get better employment, or even just e m1594 21 March 2016 Official Hansard Report
Bermuda House of Assembly ployment? For some of them cannot afford it. How do we go about assisting them? Moving on, Mr. Chairman, to page B- 257, F inancial Assistance. Mr. Chairman, every day we, and when I say “we” I know [there are] others, but I am certain that the Minister responsible for Financial Assistance and I, as the Shadow, get calls, e- mails and all kinds of requests asking for assistance in helping them to nav igate Financial Assistance. Every day, literally every day, I get a call, an e- mail or somebody on the other line asking me how I can help them. Just today, Mr. Chairman . . . We have our seniors, Mr. Chairman, some of them call several times a day because once they pay their health insurance or land tax out of their pension there is virtually nothing left. And a lot of them . . . and this is not just —
Hon. Patricia J. Gordon -Pamplin: Seniors do not have to pay land tax on their primary residence.
Mr. Michael A. WeeksOkay. I will hold up. Hon. Patricia J. Gordon- Pamplin: It might not be land tax, it might be something else.
Mr. Michael A. WeeksOkay, right, something else. Hon. Patricia J. Gordon -Pamplin: Okay.
Mr. Michael A. WeeksOkay, all right. Well, let me retract that because the Minister has corrected me that the seniors do not have to pay land tax — Hon. Patricia J. Gordon -Pamplin: On their primary residence.
Mr. Michael A. Weeks—but my argument simply is . . . my argument simply is that a lot of them, my argument simply is that seniors are finding it harder and harder to put food on the table. I get calls, and I am sure the Minister does too, from seniors who are …
—but my argument simply is . . . my argument simply is that a lot of them, my argument simply is that seniors are finding it harder and harder to put food on the table. I get calls, and I am sure the Minister does too, from seniors who are on Financial Assistance who are just not making it, who are just not making it, Mr. Chairman. And these are the same people whose backs that we stand on now. But it is not just our seniors, our middle class is shrinking lower and lower into needing our financial assi stance just to be able to feed their families and make their ends meet. So, Mr. Chairman, as I turn to page B- 258, cost centre 5501, line item 65050, I see that there is an increase this year of $4.836 million in our Financial Assistance for Fiscal Year 2016/17. Certainly, a lot of times I hear talk by the OBA Government and others that our recession is over, but constantly Financial Assistance is going up. So this increase in Financial Assistance indicates otherwise to me. Hon. Patricia J. Gordon -Pamplin: More seniors.
Mr. Michael A. WeeksA caring Government indeed that keeps on increasing Financial Assistance when the recession is over. What are the projected numbers, Mr. Chairman, as I ask the Minister, for Fiscal Year 2016/17 of people applying for Financial Assistance? I recall, Mr. Chairman, in the Financial Assistance Amendment Act 2015 those applying …
A caring Government indeed that keeps on increasing Financial Assistance when the recession is over. What are the projected numbers, Mr. Chairman, as I ask the Minister, for Fiscal Year 2016/17 of people applying for Financial Assistance? I recall, Mr. Chairman, in the Financial Assistance Amendment Act 2015 those applying for finan-cial assistance, well, the able- bodied, were encouraged to use the Workforce Development Office to help enhance their skills. Can the Minister tell us, Mr. Chairman, what does the data say to support the ef-fectiveness of Workforce Development? An interesting question is, How long does it take the average person who walks in the door of Workforce Development to become employed? What is the timeframe for your process? Walking in the door, going through the inter-view process, filling out the applications, how long does it take to walk in the door and actually be able to get a job and put food on the table? I do not know if the Minister had touched on the Community Driven Development Programme for women in her brief, if she did I think I may have missed it. Is that the programme that is now referred to as Dare2Be, Minister? What is the status of Dare2Be? How many women to date have graduated from this programme and were able to find gainful employment? And as a result, how many of those women are no longer in need of financial assistance? In a nutshell too, Mr. Chairman, I would like the Minister to briefly explain how this programme is progressing. And lastly, Mr. Chairman, I recall during last year’s debate too, the Minister said . . . well, I do not want to say she said, but I heard some interpolation on that side when I asked about a Community Devel-opment Programme for men, that they were in the process of doing it.
Hon. Patricia J. Gordon- Pamplin: They were looking into it.
Mr. Michael A. WeeksYes, they were looking into it. So I do not want to say that the Minister said that they were looking into it, but my question is, how is that going? Has that Community Driven Development Pr ogramme for men been implemented and [is it] up and running? And if …
Yes, they were looking into it. So I do not want to say that the Minister said that they were looking into it, but my question is, how is that going? Has that Community Driven Development Pr ogramme for men been implemented and [is it] up and running? And if that is the case, how many men have been serviced and/or graduated to date? And can we determine that these people that graduated from this programme are no longer in need of financial assi stance?
Bermuda House of Assembly So, Mr. Chairman, I move on to page B -259, employee num bers.
Hon. Patricia J. Gordon -Pamplin: Do you want a nswers or are you going to run it out?
Mr. Michael A. WeeksPardon? Hon. Patricia J. Gordon -Pamplin: Do you want a nswers or are you going to run it out? Do you want answers or are you going to run out the time?
Mr. Michael A. WeeksYes, sir. Mr. Chairman, I noticed real quickly that I know time is going to run out on us. I noticed that Salvation Army has a decrease of $50,000. I find that disturbing because I tell you what, I have had an experience. I am talking to some clients of …
Yes, sir. Mr. Chairman, I noticed real quickly that I know time is going to run out on us. I noticed that Salvation Army has a decrease of $50,000. I find that disturbing because I tell you what, I have had an experience. I am talking to some clients of mine and one, in particular, wanted $10. So I said, What do you want $10 for? He said, I’m on my way down to Salvation Army and now we have to pay $10 a night. And I said, Whoa! because this home and shelter [provides] services for the most part to the unemployed and the homeless. And if people that need shelter have got to pay $10 a night, where does that come from, Mr. Chairman? That is a question that needs asking because, again, if we do not take care of our front end, we are going to have to pay on the back end because I know where some of those guys are getting their money — purse snatching and breaking and entering. We sit sometimes in our glass houses and think that all is rosy, but it is really not that rosy out there on that street. So as I close, Mr. Chairman, another comment on Financial Assistance. One of the stipulations of getting assistance is that I think you have to get 10 signatures a month to prove that you are looking for a job. And I have heard that word again “comprehen-sive.” But this time the comprehensive Financial —
The ChairmanChairmanWell, clearly comprehensive is a very popular word these days.
Mr. Michael A. WeeksYes, yes, Mr. Chairman. But this particular one is used in the term of comprehensive Financial Assistance reform. One of the issues I have with the current F inancial Assistance programme is that in trying to get 10 signatures, it is getting harder and harder because a lot of employers …
Yes, yes, Mr. Chairman. But this particular one is used in the term of comprehensive Financial Assistance reform. One of the issues I have with the current F inancial Assistance programme is that in trying to get 10 signatures, it is getting harder and harder because a lot of employers now are making people apply for their jobs online. So as a result, you do not have to go around looking and get these signatures. And a few of my clients even told me, too, that some employers who do not understand the process of signing that paper, they say that they are not signing the paper since they do not have a job for you, so why do they have to sign? So as a part of this Financial Assistance reform we have to make it clear to the public, to the employers, what role they play in helping somebody that is looking for a job and/or applying for Financial Assistance. Before I take my seat, I see that Financial A ssistance has more staff. Does this mean quicker pre-screening to benefits? That is one question. And the second question, are we going to have some Financial Assistance police to go and catch those people who are taking advantage of our system? And with those brief rema rks, I will sit down and let the Minister answer my questions.
The ChairmanChairmanThank you, Honourable Member. Is there anyone else who wishes to speak to these Heads? The Chair recognises the Honourable Minister Gordon- Pamplin. Hon. Patricia J. Gordon -Pam plin: Thank you, Mr. Chairman. Mr. Chairman, I hope to respond to as many questions as possible that were asked by the …
Thank you, Honourable Member. Is there anyone else who wishes to speak to these Heads? The Chair recognises the Honourable Minister Gordon- Pamplin.
Hon. Patricia J. Gordon -Pam plin: Thank you, Mr. Chairman. Mr. Chairman, I hope to respond to as many questions as possible that were asked by the Honourable Member and thank him for the contribution to the debate. Let me just go back to the Department of Youth and Sport, which is where he started, and the Sailing Programme. The Honourable Member asked why we are not, especially in light of the America’s Cup, why are we not funding the Yachting Association. And it is important to know that the Department of Youth and Sport now provides subsidies to indi-viduals. And remember that the programme, which actually came . . . was used . . . had the use of the Island, which was not available. Yes. Remember, it was not available because the previous administration gave it away. And then there was an issue with trying to get back . . . gave up a long- term lease for no money, as I recall, and we had a time just to get it back, to get back our posses-sion, and that had to go through the courts and the like, so the islands were not available. Camping Services will not be curtailed. There will be an attempt to market the camping facilities and therefore that is why we put in for additional usage. The Motocross track, the Honourable Member was indicating why there was not a significant i ncrease given that there was a projection of an i ncrease in utilisation. But it was also important to note that the Motocross track was inoperable for a signif icant period of time and as a result the usage was down, so therefore you are going to get more usage now that the track is actually back up and running. But 1596 21 March 2016 Official Hansard Report
Bermuda House of Assembly the expenditure resulted in what we had actually budgeted for it. Let me also say that with respect to the Sailing, I just want to go back to that, I think it is important also to understand, as the Hono urable Member mentioned, and it gives me a great pleasure and an oppor-tunity to speak of the Endeavour Programme which is a Legacy Programme which is being provided by the America’s Cup which is giving tremendous sailing o pportunities to our young people. They have a full pr ogramme which is operating down at the Sea Cadet building. And in that Sea Cadet building in St. George’s where they are actually operating, they have all of our middle school children, and now they have just opened a facility in the West End, so all of our middle school children will have the opportunity to not just learn the rudiments of sailing but also the STEM that goes along with it —science, English, technology, something else, and math—I am missing —
[Inaudible interjection] Hon. Patricia J. Gordon -Pamplin: Oh, engineering and math. So that is all part of that Legacy Pr ogramme that has been provided for our children as a result of the America’s Cup. So they will have tremen-dous exposure to that. Let me just talk also about the Com munity Centres and, of course, I am equally as concerned with respect to what happens with our Community Centres. But it is important that you understand that you can rest comfortably knowing that the decrease in staff is due to attrition. We are not cutting the services. We are not cutting the centres. We are not closing the centres. We have had attrition in staff. But what they are also doing is to look at how to redefine the pr ogramme so that there are efficiencies that have been gained. And sometimes it is not necessarily always the amount of money that you spend on a pr ogramme, but how effectively and efficiently that funding is being utilised, and that is what we are trying to do is to realign the programme. Also you asked about the increase in Professional Services, and that was with respect to Mirrors, and it is for Mirrors to hire a part -time volunteer enrolment manager, so that we can meet the targets of matching youth and the phases of the programming, and that is what caused the increase that yo u asked about. Let me just go to the last comment that you were just speaking [about] with respect to the Dare2Be. Just know that Dare2Be was under the D epartment of Human Affairs, which was Head 56, which is not being debated today. But I can tell you that that Dare2Be programme was pushed into the private sec-tor. And I had the occasion last week, if not the week before, to go to their graduation and there is tremen-dous success. I think there are all but two people who graduated the programme, who actually have now either full -time employment or have re- enrolled in school. So it is a tremendous success and we are really quite proud of that. But it has gone under the private sector because it became a charity in its own right. Why is there a reduction in Seniors Projects? Well, we are not planning on having a seniors cruise this year, but we are going to utilise that money and have more seminars and more community things available to the seniors. It is just a matter of looking at how better to deploy the funding that we have. Let us just see . . . okay, you had a question, who is impacted by Community Education cuts? N obody. Registration for the courses is in Hamilton, which is very accessible, as well as in Warwick. You indicated that, you know, people coul d not get to re gistration and therefore they might not be able to take advantage of the programme, and that is not necessarily the case. I just want to go to Child and Family Services and you had a question, have we considered the i mpact of expenditure cuts? And for Head 23 you will notice that if you look at the Budget Book, while you highlighted one or two line items that had decreased, and I will have to go back . . . Child and Family Services. You highlighted one or two of the lines that had shown decreases, but you have to also appreciate the fact that . . . let us say in the Residential Treatment, which was your concern . . . let us look overall. You spoke to the Home Based Programme having a decrease, Youth Residential Treatment ha ving a decrease, and the other programmes having significant increases. And what I did mention in my presentation is that a realignment of all of the pr ogrammes was creating efficiencies throughout the d epartment, but we were not losing any staff in the proc-ess. We were making sure that the children were properly provided with the services that they require. So we have definitely realigned the services to better meet the needs of the client and, at the same time, maximising the allocation of the resources. The impact of the Grant Funding is cuts against the DCFS mission statement? No, we are not going against the mission statement. There has been increased collaboration with the third sector to ensure service provision, close gaps, decrease duplication, which results in efficient and effective service delivery. So I think that, you know, you have to look at the de-partment as a whole because while we are providing for specific line items as they are allocated in the budget, it is important to know that on an overall basis we are ensuring that we have adequate coverage for the services that are required by our young people. On Financial Assistance you spoke about cl ients having to apply for jobs online. Clients on Fina ncial Assistance can use computer facilities at Wor kforce Development and apply for jobs online and that is what accounts to the applications that they have
Bermuda House of Assembly made. But remember in my presentation I also ind icated that we had for clients who were on Workforce Development only had to do five, whereas others who were not on Workforce Development had to do 12 on a monthly basis. Also you asked about whether the additional staffing at the DFA, whether we were going to get a dditional staff to basically act as police. We do have investigative officers, as I did mention in my brief, that we collected something like $88,000 last year. [This] year we collected $98,000. There was I believe, 76 was a number . . . I do not want to go back into my brief to waste the time, but there were a significant number of cases, we have a hotline, people called into the hotline, information has been delved into and we have looked at ensuring that if there is any fraud that is going on, that it actually is being captured. And we have two investigative officers who are working on that. Let me also say you had a question with r espect to the cutting of funding for National Stadium. Bear in mind that some of the programmes that we have . . . and I think we both come from the same school in terms of our concern for athletic development and the funding thereof. But we also have to appreciate . . . and I can tell you that I just, I literally lament the manner in which the public purse was completely decimated under the previous administr ation. I would really, honestly, love to have money that we could put in various programmes, but you all left the kitty empty, and as a result of that it is important for us to look at how we can utilise the funding that we do have in the most appropriate and efficient way to get the maximum coverage for the dollars that we do have. So I lament not having more. You know, when you hear that facilities, places such as Haiti have good stadia, I do not think that we are going to find a better stadium complex than we have in our National St adium. That, I have to agree with. But certainly with cutting back of some of the allocations to the trustees for the running of the National Stadium, they are also doing additional fundraising in their own right and so that is helping to offset. So there is a community effort that is going on in that regard as well. I want to try and make sure and answer most of the questions that you have. As far as the male programme [Community Driven Development Pr ogramme for men], if that is going to be taken up, it is certainly something that I would like to see. And you will know that the Bermuda Economic Development Corporation ran a course last year called “Who Owns the Ice House?” which effectively creates information so that users of that course can learn some entrepr eneurial skills, and that is something that I would like to see being implemented. That is going to take a little bit of time; I have just personally gotten the inform ation because I did take the course. It is something that I would like to have the people who work in the D epartment of Financial Assistance exposed to. You did speak about the increased staffing that is going to be put on the books, we are waiting for final Cabinet approval for that, but we have budgeted for it because we recognise that the caseload at F inancial Assistance has become almost unwieldy; however, I can also say that with the projects that we expect to be coming online, I think that that should minimise some of the applications to Financial Assi stance for the able- bodied unemployed. That is pr ovided, always, that Members opposite do not continue to flog every single capital project that this Gover nment is trying to bring on board to create jobs for peo-ple so they can have some money so they can afford to eat and, therefore, not rely on Financial Assistance. I have to say that because we have to balance and weigh the negativity that comes out of the criticism that is constantly out in the community. And another question that you had was, can we go to the private sector and take 0.1 per cent of their earnings to go into the community. I think it is important to understand that the private sector do con-tribute significant amounts of money to the community in respect of various types of donations, various pr ogrammes that they run at their expense. Again, as I say, if we h ad all the money that had been wasted and that had been double counted and used up un-necessarily and, you know, unaccounted for and the like, Lord knows there would have been plenty of money to provide for any project or any programme that we wanted and we would have been able to do that. But we are not in that happy and luxurious pos ition based on what we inherited and what we are tr ying to do and how we are also trying to overcome the negativity that continues to be spewed from the other side in terms of the efforts that we are trying to make to get people put back to work. I think that . . . I do not know whether there is any other question that you might have that was bur ning and pressing that I may not have responded to, Shadow Minister, but I will say that if there is anything else that you are interested in knowing, I am always at your disposal. Please feel free to call me if there are any challenges or problems. I also think that it is i mportant that when we do budget debates, while it is very easy to look through the Budget Book, pick out a line item and say this had a decrease, that had a d ecrease all of those numbers that you mentioned were actually addressed in the brief. And in the absence of the ability to go back and re- read the brief for you, most of the questions that you had had actually been already answered. You did ask about the Parish Council decrease and the Parish Council that we have and the efforts that we could utilise for the Parish Councils. The Parish Council Grants that we had pri marily was for Lorraine Rest Home. I think it is important also to mention that when you have got rest homes that might 1598 21 March 2016 Official Hansard Report
Bermuda House of Assembly have had grant decreases, that the residents who live in those facilities are eligible . . . when they are eligible for financial assistance, they get their portion put to them. So while you might see a decrease for the um-brella facility, it does not say that the residents are being hard done by or are being disadvantaged, b ecause they will get, I think it is, a maximum of up to $5,000 that is paid for the resident themselves for the services that are being provided. So if there is a de-crease in a grant to the actual facility, the institution itself, the residents, the clients, of that institution are not being disadvantaged. The Community Centres, we are not closing down any Community Centres, I think I mentioned that. And I do want to mention in the process Nadine Henry and Jamal Hart who are just tremendous as-sets to the Ministry of Youth and Sport in taking care of those. You asked about Sandys 360, which is . . . it is closed, yes, but that was something that was a flight of fancy, that was never going to be sustainable, and it was an unfortunate set of circumstances in which you know the money was never going to be there from the previous administration in order to be able to fund that effectively, and I think it is actually under foreclosure, as I understand, from the banks. After School Programmes, you indicated that your information is that after school programmes are over-subscribed. I think that it is important to understand that notwithstanding that we have had a decrease in the number of students out there, if there is evidence that we are having difficulty with families, please make us aware. I think lots of times when we have anecdotal situations with no specific hard cases to follow -up, then we cannot bring that information to the Ministry if there is some sort of deficiency. But certainly we look and we try very hard to ensure that we have protections around for all of our children. Again, I would love to have more money on the table to put into more club projects and community projects and the like. But it is a function of what we were left with, the hand that we were dealt, and the unfortunate lemons that that we were left with that we now have to try to make lemonade. So we are cer-tainly trying. I am always open to whatever thoughts, ideas, suggestions that you might want to have b ecause you say that you work very closely with some of these people in some of these various areas. And cer-tainly, collaboratively, I believe that we can . . . you know, if there are issues, they can always be dis-cussed. But we look for efficiencies, and you know the fact that you might have more people availing themselves of a particular service, but less money or not as much money as you think might be appropriate, does not necessarily say that the programme is under-funded. It just means that we have looked for efficien-cies that we hope to find at the appropriate time. So with those few comments, I am not sure how much more time I have, Mr. Chairman.
The ChairmanChairmanLess than 10 minutes. Hon. Patricia J. Gordon -Pamplin: Ten minutes?
The ChairmanChairmanYou have about eight minutes left. Hon. Patricia J. Gordon -Pamplin: Oh! I have got plenty of time. I thought we were done at 5:30, that is what I was told.
The ChairmanChairmanFive thirty -seven. Hon. Patricia J. Gordon -Pamplin: Okay, all right. So let me just see if there is anything else. I was really trying to race through my responses, but let me just . . . I will take my seat in case the Shadow Minister has anything further. …
The ChairmanChairmanThank you, Honourable Member. Is there anyone else who wishes to speak to these Heads? The Chair recognises the Honourable Mini ster. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I now move Heads for the Mi nistry of Community, Culture and Sport. I would like to …
Thank you, Honourable Member. Is there anyone else who wishes to speak to these Heads? The Chair recognises the Honourable Mini ster. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I now move Heads for the Mi nistry of Community, Culture and Sport. I would like to move Heads . . . give me one second because I have to move them all, but we have two that were not d ebated this time. I would like to move Heads 71, 18, 19, 20—
The ChairmanChairmanNo. Hon. Patricia J. Gordon- Pamplin: I have to move all the Heads. The Clerk: No, you do not. You do not have to—
The ChairmanChairmanJust move the— The Clerk: —it is included in the Appropriation Bill. Hon. Patricia J. Gordon -Pamplin: Oh, okay. The Clerk: Those two Heads that were left out are included in the Ministry of Finance— Hon. Patricia J. Gordon -Pamplin: In the Appropri ation Bill? Okay, fine. Then I would …
Just move the— The Clerk: —it is included in the Appropriation Bill. Hon. Patricia J. Gordon -Pamplin: Oh, okay. The Clerk: Those two Heads that were left out are included in the Ministry of Finance—
Hon. Patricia J. Gordon -Pamplin: In the Appropri ation Bill? Okay, fine. Then I would like to move the Heads that we did debate today, Heads 71, 20, 23, 52 and 55.
The ChairmanChairmanIt has been so moved. Bermuda House of Assembly Any objections? None. Agreed to. [Gavel] [Motion carried: The Ministry of Community, Culture and Sports, Heads 71, 20, 23, 52 and 55 were a pproved and stand part of the Estimates of Revenue and Expenditure for the year 2016/17.]
The ChairmanChairmanThe Chair will now recognise the Honourable Minister for Economic Development and Tourism. Dr. the Hon. E. Grant Gibbons: Acting Tourism.
The ChairmanChairmanTourism nevertheless. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Chairman.
The ChairmanChairmanYou have the floor. MINISTRY OF ECONOMIC DEVELOPMENT Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Chairman. Mr. Chairman, let me start by moving some Heads here. The Heads under debate are Head 95, which is the Ministry of Economic Development Headquarters; Head 39, which is the Registrar of …
You have the floor.
MINISTRY OF ECONOMIC DEVELOPMENT Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Chairman. Mr. Chairman, let me start by moving some Heads here. The Heads under debate are Head 95, which is the Ministry of Economic Development Headquarters; Head 39, which is the Registrar of Companies; Head 46, which is the Department of Telecommunications; and Head 89, which is Energy. So four Heads; I would like to move Heads 95, 39, 46, and 89.
The ChairmanChairmanIt has been so moved. Please proceed. HEAD 95 —HEADQUARTERS Dr. the Hon. E. Grant Gibbons: It certainly gives me great pleasure and perhaps pleasure for others be-cause this is the last set of heads that will be debated this afternoon in the entire budget process. I hear a “thank …
It has been so moved. Please proceed.
HEAD 95 —HEADQUARTERS
Dr. the Hon. E. Grant Gibbons: It certainly gives me great pleasure and perhaps pleasure for others be-cause this is the last set of heads that will be debated this afternoon in the entire budget process. I hear a “thank goodness.” But it gives me particular pleasure to present the Heads for the Ministry of Economic D evelopment. And the first one I am going to start with is Head 95. I would just like to make a couple of comments (which is on page B -324 of the Budget Book) because I think it is interesting in terms of the overall Ministry. This is a Ministry which represents about 2 per cent of overall Government expenditure, that is $20 millio n in round numbers, out of a total of a little over $1.1 billion. It represents some $83.5 million in revenue, which is about 8 per cent of Government’s revenue. So we pull our weight in that category. It represents about $16.2 [million] or 19 per cent of Government’s overall capital expenditure, and it has barely 1 per cent of employees, about 38 employees overall. It helps I think to put it into context and I think it is probably the smallest Ministry out there, but we like to feel, Mr. Chairman, that we punch above our weight. The Ministry Headquarters, which is Head 95 and can be found on pages B- 324 to B -327 and also on pages C -7 and C -20 for the Capital. The Headquarters has been allocated a total budget of $13,727,000. That is up about 12 per cent or $1.474 million from previous year. The budget for the prev ious year was $12,253,000. The revised budget is go-ing to be slightly shy of that at $11,875,000. And I will get to it in a little more detail in a minute, but we have eight full -time equivalents in the Ministry Headquarters. So, of the $13,727,000 allocated to the Mini stry Headquarters, some $5,659,000 is allocated to Economic Development and $8,068,000 is allocated to the America’s Cup (which is shown on page B -325). It is important to note that 73 per cent of the amount allocated to Economic Development reflects the grant to the Bermuda Business Development Agency (BDA) and I will break this down further, Mr. Chairman, as we work through the brief.
Mission
Dr. the Hon. E. Grant Gibbons: The mission can be found on page B -325 and with regard to Economic Development, the Ministry’s mission is to facilitate economic growth and the creation of jobs. The Mini stry is working to create an environment that is cond ucive to sustaining the businesses already in Bermuda and to making our Island attractive so that new bus inesses come and make Bermuda their home. In carrying out its mission, the Ministry works closely with other ministries, including the Ministry of Finance, Public Works, Tourism Development and Transport, and the Ministry of Home Affairs. The Min-istry Headquarters also seeks to ensure that the de-partments under its purview deliver appropriate ser-vices, policies, and legislation in a responsive, timely, and thorough manner. The Ministry will oper ate eff iciently and effectively by ensuring we have skilled people and streamlined systems and processes so that our staff are empowered to work in a collegial and collaborative manner with colleagues and stak eholders. Mr. Chairman, within the Ministry of Economic Development, the Ministry Headquarters has overall responsibility for five Government departments and oversight for the Regulatory Authority of Bermuda, the Bermuda Business Development Agency, and the ACBDA (which is the America’s Cup host group). The Ministry Headquarters is staffed with a Permanent Secretary, Mr. William Francis; a comptroller; one po l1600 21 March 2016 Official Hansard Report
Bermuda House of Assembly icy analyst; and two additional administrative and accounting support staff. Also included in the Headquarters complement are the senior manager, policy an alyst (business development), and the legislative assis-tant of the Business Development Unit. Mr. Chairman, the other departments that fall under the remit of the Ministry of Economic Development are, as we have said: • Registrar of Companies; • Depar tment of Telecommunications; • Department of E -Commerce; and • Department of Energy.
I would like to give, with your indulgence, just a very brief comment on each of them because they fall under the broader umbrella of Economic Development. • Head 39 is the Registrar of Companies. This department is headed by Mr. Stephen Lowe, the Re gistrar, and works very closely with the BMA with r egard to the incorporation of companies in Bermuda. The Minister of Economic Development has respons ibility for the Companies Act 1981, and the Registrar also provides advice to the Minister with regard to ap-plications for consents and permissions under that Act. • Head 46 is the Department of Telecommunications. This department currently has Ms. Maxanne Anderson as the Acting Director. Honourable Members will be aware that there is a working relationship between the department and the recently established independent Regulatory Authority (RA), which has responsibility for the supervision and regulation of the Telecommunications sector. The department also continues to work with the Broadcasting Commission to assist the Minister in regulating and licensing the Broadcast sector and also assists the Minister in a dministering the island’s satellite orbital slots and r elated activities. • Head 67 (which is not being debated today) is the Department of E -Commerce. This Department is headed by Director, Dr. Marisa Stones (and that is a recent appointment). The mission of the Department of E-Commerce is to support the continued growth of Bermuda’s digital economy and to foster a culture of digital technology and e- business excellence by facil itating the advancement of information and communications technology (ICT) policies, skills, adoption, and innovation. This is to ensure that Bermuda remains an attractive jurisdiction in which to conduct business electronically. The department is also focussed on ensuring that the legislative and policy frameworks, required to enable businesses in Bermuda to meet the challenges of the ever -changing digital economy, co ntinue to evolve. Therefore, a primary objective for the department during this next fiscal year will be to complete the development of the Data Privacy and Protec-tion legislation, and lay the foundation for a cybers ecurity policy framework. • Head 89 is the Department of Energy. The Energy Department is headed by Director, Ms. Jeane Nikolai. The Department of Energy is responsible for providing policy support to the Minister with regard to all energy -related matters and administrative and technical support to the Energy Commission. The pr imary objective for the department for the forthcoming year is the implementation of the new Electricity legis-lation that will result in the transfer of regulatory r esponsibility from the Energy Commission and the Mi nistry to the Regulatory Authority of Bermuda. Mr. Chairman, as I mentioned earlier, the Mi nistry of Economic Development allocates a grant to the Bermuda Business Development Agency (BDA), in support of the public/private partnership that exists between the Ministry and the agency. The Ministry has also made provisions in the budget for Fiscal Year 2016/17 to provide a grant to the ACBDA for both their operating expenses and capital development obliga-tions with respect to the America’s Cup. Since the Ministry also has portfolio respons ibility for International Business, the directors work very closely with the Ministry of Finance to address the well -being, sustainability, and growth of this important economic sector. Mr. Chairman, the budget for the Headquarters Unit of the Ministry of Economic Development is set out under four cost centres (and you can see those on page B -325) and they are: • Policy and Administration; • The Business Development Unit; • Grants; and • The America’s Cup 2017.
Cost Centre 9501— Administration
Dr. the Hon. E. Grant Gibbons: The estimate for the coming year is $762,000. This is down some $215,000, or 22 per cent from previous year. The budget for the current year we are in, 2015/16 is $977,000. And the revised budget for 2015/16, the year we are in, is some $751,000. There are five full -time equivalent members of the department —sorry, of the Administration cost centre. Mr. Chairman, the budget for the Administr ation section primarily covers salaries, general operat-ing expenses, and travel . There is an allocation of $360,000 for professional services on page B -326. This is for legal and professional consultants to the Headquarters and Business Development Unit (BDU). The allocation for $100,000, under Insurance, is the public liability insurance premium related to the America’s Cup events during 2016/17. The revised 2015/16 budget reduction to $751,000 on page B -325 is due to budget virements to the Department of Telecommunications to facilitate the reimbursement to World on Wireless (WoW) f or
Bermuda House of Assembly their spectrum migration, which was completed during fiscal year 2015/16.
Cost Centre 9502—Business Development Unit
Dr. the Hon. E. Grant Gibbons: As you can see on page B -325, the estimate for the coming financial year is $772,000. That is down $36,000, or 4 per cent from previous year. The budget for the current year we are in, 2015/16 is $808,000 and the revised budget for this year is $605,000. Within the Business Development Unit there are three full -time equivalent staff members. The decrease of $36,000 is as a result of r educed travel and streamlined processes. Mr. Chairman, the $808,000 allocated last year went towards helping the Business Development Unit achieve its mandate. Aside from salaries, the expenses under this cost centre include consulting services, an allocation for research tools, and a small travel provision. The revised 2015/16 budget reduction to $605,000 (shown on page B- 325) is due to budget virements to the Department of Telecommunications for reimbursement to World on Wirel ess (WoW) for their spectrum migration, and to the Department of E - Commerce to further Privacy legislation during Fiscal Year 2015/16. Mr. Chairman, also included in the unit’s expenses was an award of $21,000 for the Regulatory Compliance Association (RCA). As I will explain later in further detail, the RCA is an educational institution headquartered in New York which has partnered with the Government to offer a compliance- based educ ational programme in Bermuda targeting Bermudians. The RCA has also agreed to host an annual symposium in Bermuda for three years from 2015 through 2017. Mr. Chairman, the core functions of the Bus iness Development Unit (BDU) are specifically focused on activities related to international business. These include legislative reform; monitoring and reporting on economic activities both in Bermuda and abroad; pr oviding concierge services to new businesses; facilita ting potential development opportunities and working in partnership with, and supporting, the Bermuda Business Development Agency. Mr. Chairman, to stay competitive and uphold the Island’s reputation as an offshore business leader, Bermuda must continue to monitor its legal framework and, when necessary, take steps to amend or adopt new legislation. Working with internal and external stakeholders, the BDU advances new policies and legislative initiatives to help improve Bermuda’s com-petitiveness as jurisdiction of choice for international business. Initiatives progressed by the BDU are specifically intended to satisfy market demands by provi ding products and service offerings which form part of a flexible legislative framework designed to meet the needs of even the most sophisticated businesses and structures. Mr. Chairman, in 2015, the BDU’s work on legislative initiatives resulted in the enactment of three private Acts and six public Acts. Several important amendments to Bermuda laws were adopted as a r esult of the BDU’s successful collaboration with various Government ministries and departments, the Bermuda Monetary Authority, and BDA industry groups, inclu ding the Legal Focus Group, Trust Focus Group, and the Asset Management Focus Group. More specif ically: • Various amendments to the Partnership Act 1902, Exempted Partnerships Act 1992, Limited Par tnership Act 1883, and the Companies Act 1981 were enacted to achieve greater flexibility, clarity, and co nsistency in the laws governing partnerships. In many cases, the amendments set forth new rights and op-tions for owners of partnership interests that had pr eviously only been afforded to shareholders of compa-nies. • Likewise, an amendment to the Perpetuities and Accumulations Act 2009 provided much needed clarity in relation to the administration of specified trust instruments. o This amendment established a framework whereby certain restrictions that applied to trust instruments which predated the princ ipal 2009 Act could be relaxed. As well, i nstruments wherein the governing law was changed to Bermuda from a foreign jurisdi ction also fall within the ambit of this newly created framework. o Bermuda now also has a streamlined and cost-effective approach under which the principal 2009 Act can be more consistently applied to benefit all trust instruments governed by Bermuda law, regardless of effec-tive date or jurisdiction of origin. • In 2016, as Honourable Members will recall, a week ago, this House passed a Bill which will result in a new Act governing contracts pursuant to which par-ties to a contract may provide benefits and rights of enforcement of the contract to a third party. o That legislation will remove the need for contracting parties to find alternative sol utions to permit third parties to enforce contractual terms which are applicable to them. o Also, this new Act will bring Bermuda in line with a number of other jurisdictions that have already adopted similar rules. It is anticipated that this legislation will be partic ularly useful in relation to certain asset management agreements and reinsurance con-tracts.
1602 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Chairman, other legislative initiatives of the BDU for the remainder of this fiscal year and the upcoming year include the following: • A new Bermuda Limited Liability Company Act will be introduced to establish the framework for a new corporate structure, commonly r eferred to as an LLC. o Extensive consultations and discuss ions with the private sector, the Bermuda Mon etary Authority, the Ministry of Finance, the National Anti -Money Laundering Commi ttee, and the Attorney General’s Chambers have already taken place and the proposed Act is currently being drafted. o This new corporate product will help pos ition the Island to capture a larger share of the offshore private equity market. o Given the popularity of this structure in the United States and the demonstrated prefer-ence for the features of an LLC in the funds industry, this is yet another opportunity to show Bermuda’s responsiveness to market demand. I should add, Mr. Chairman, that LLCs may also be a very useful provision for local businesses as well. They are si mpler and more streamlined than setting up a company, so we think there will be applic ation on- Island as well as for international businesses and private equity groups. • Additional changes will be made to the laws governing partnerships, which will allow even more flexibility in the management and administration of partnerships. This includes amendments to clarify the legal impact of certain actions and activities of par tners, as well as establishing remedies for non-performance, to name a few. • The BDU will undertake several additional legislative initiatives which are expected to be proposed by the private sector in the upcoming year. This i ncludes further changes governing the administration of trusts and additional revisions to the Companies Act 1981 to modernise and enhance the laws governing companies.
Mr. Chairman, the BDU works in close par tnership with the Bermuda Business Development Agency (BDA), supporting both the management and operations of the BDA. The Senior Manager of the BDU, Lydia Dickens, is a member of the BDA Board of Directors and serves as the Government liaison to the BDA. The BDU also works in partnership with the BDA to offer a concierge service for new companies seeking to do business in Bermuda. The BDU serves as a point of contact to assist and direct companies with Government -related issues; meanwhile, the BDA helps to connect new businesses with private industry service providers in Bermuda. Mr. Chairman, I will expand a bit more on the BDA’s role in the concierge service a little later. The BDU, however, provides assistance with a wide rang e of matters such as facilitating meetings with Gover nment officials; advising on applicable policies and in itiatives aimed at attracting and sustaining new inter-national businesses; providing guidance on immigr ation strategies; ensuring expedited processing of regu-latory applications; and arranging expedited proces sing for arrivals of certain business visitors. In addition to its core functions, the BDU a dvances various economic development projects and other Government initiatives as required. This in-cludes external outreach, investigating the feasibility of various projects for development in Bermuda, and interfacing with private entities to advance potential programmes in Bermuda. One such initiative is the Regulatory Compliance Association [RCA] Bermuda Compliance Certification Programme, which I men-tioned earlier. The RCA (Regulatory Compliance Association) is an educational organisation based in New York. The RCA has approximately 78,000 members in the U.S. and abroad, and offers courses focused on regulation and compliance requirements applicable to the financial services industry. However, professionals in other sectors such as insurance, legal, and government also enrol in and benefit from RCA courses. Following the announcement of a partnership between the Government of Bermuda, the Bermuda College, and the RCA just over a year ago, the Bus iness Development Unit has worked continuously with members of the private sector, the Bermuda Monetary Authority, the Bermuda College, and community lea ders to implement this new programme. In line with the Government’s overall goal to increase Bermuda’s competitiveness, this new professional development initiative is intended to enhance the intellectual capital in Bermuda. To help ensure the programme was designed to meet the needs of the global market, a number of senior executives in the Bermuda business community have participated in the development of the final programme. Mr. Chairman, the RCA Bermuda Compliance Certification Programme offers a great opportunity for Bermudians to broaden their skill sets and follow new career paths both in Bermuda and in the international market. As part of the overall partnership, the RCA will sponsor a total of 150 scholarships in Bermuda for qualified applicants to complete the programme. The potential for success of this initiative is very high as this is the first programme of its kind offered in any offshore jurisdiction. An information meeting on the programme held at Bermuda College in February was attended by more than 130 individuals. In this regard, I would like to acknowledge the commitment and continuing con-tribution of the Chairman of the Bermuda RCA Cur-riculum Committee, Mr. George Thomas, as well as his fellow Committee members, including Dr. Duranda Greene, President of the Bermuda College.
Bermuda House of Assembly The BDU will continue to facilitate communications with and involvement by the business community with respect to this very important initiative. The programme will officially begin on April 11, 2016. As of the first submission deadline of February 29 th, more than 50 applications for scholarships have been received. With a second intake of applicants scheduled for this coming June, there appears to be substantial interest in this programme. If Honourable Members or their constituents are interested in lear ning more about the programme, additional information and applications are available on the website for the Ministry of Economic Development as well as the Bermuda College website. Mr. Chairman, despite the BDU’s small staff of three, there are extremely positive impacts on our economic growth. Current and upcoming initiatives will be designed to meet the needs of businesses in the global market and to increase our ability to compete with other jurisdictions for business. In addition to the previously mentioned projects, the BDU will undertake several other legislative initiatives which are expected to be advanced in collaboration with the private sector in the upcoming year.
Cost Centre 9503—Grants
Dr. the Hon. E. Grant Gibbons: Mr. Chairman, I would like to move now, still on page B -325, to the line item there which is entitled Grants. That is cost centre 9503. As you can see, Mr. Chairman, the estimate for the 2016/17 Fiscal Year is $4,125,000 which is actually reduced from the previous fiscal year by $125,000, or some 3 per cent. As seen there, the budget for 2015/16 was $4,250,000. Last year the BDA was allocated a budget of $4.25 million, as I said. Under the leadership of their CEO, Mr. Ross Webber, the agency has had a v ery productive year. Throughout 2015, the agency has continued its outreach with international business stakeholders and industry associations, and has consolidated its position as a very competent, well man-aged, and disciplined agency delivering value to Bermuda. The BDA has built upon its well- structured base and has been implementing proactive business development strategies that are beginning to show net benefits for our economy. Mr. Chairman, for 2016/17, a grant of $4,125,000 is budgeted for the BDA. As a pu blic/private partnership, the BDA also generates funding contributions from the private sector business community. The agency raised $380,000 for Fiscal Year 2014/15 and is on target to raise over $450,000 for the current fiscal year ending March 31, 2016. It is estimated that the agency will garner in excess of a half million dollars for the upcoming year 2016/17. The BDA creates and implements marketing and business development strategies that are helping to stimulate growth and job creation in the Bermuda economy. The agency has been driving business deve lopment missions abroad to provide a platform for a collaborative “Team Bermuda” approach whereby i ndustry professionals, the regulator, and government representatives present a united front to referrers of business to the Island. It is important to note the BDA is not just about attracting new business to the Island. The BDA also helps existing companies generate more bus iness. Keeping our current established companies competitive and profitable is important to attract ot hers. Similarly, the work of the BDA makes it easier for existing companies to both maintain existing jobs and create new ones. Mr. Chairman, the BDA is governed by an independent board of directors. The Ministry is repr esented on that board by the Senior Manager of the Business Development Unit, Ms. Lydia Dickens. The other board members are as follows: • Ms. Caroline Foulger, Chair of the BDA; • Ms. Kiernan Bell, Partner, Appleby Bermuda; • Ms. Fiona Beck is a new Independent Director (and I would like to welcome her, she just came on board at the BDA); • Mr. Lawrence Bird, Managing Director of Marsh Bermuda; • Mr. Wayne Caines, CEO of SENIAC Consul ting; • Mr. David Cash, Deputy Chair of the BDA; • Mr. Rees Fletcher, Chairman, ACE Bermuda; • Mr. Jessel Mendes (another new addition to the Board), Partner, EY [Ernst & Young] and has done a lot with respect to asset management and fund management in Bermuda; • Mr. Allan Pelvang, Country Head of Fidelity Bermuda; • Mr. Paul Scope, Chairman, Willis Bermuda; • Mr. Derek Stapley, Independent Director; and • Mr. Ross Webber, Chief Executive Officer of the BDA.
Mr. Chairman, the Bermuda Development Agency has segmented its business development f ocus into four key sectors. These sectors are: Asset Management; Risk Solutions; Trust and Private Client; and International Commerce, which are each led by dedicated business development managers in the BDA who, along with industry focus group represent atives, create and shape business development plans. A funding grant of $4.25 million was allocated to the BDA for the 2015/16 Fiscal Year and went towards the implementation of these business development initiatives. 1604 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Chairman, regarding the specific activities and achievements of the BDA over the last year, I would like to highlight the following: In the Asset Management sector, the BDA has continued to build long -term relationships with key decision -makers in New York to increase fund incorporations in Bermuda and attract asset managers to establish a physical presence in Bermuda. New York remains the epicentre of the hedge fund world and the vast majority of fund and private equity business emanate from there. It is imperative that New York remains the prime focus of the BDA. According to the most recent data supplied by the BMA, Bermuda had 83 funds registered in 2015, compared to 80 registered in 2014. I will note that we had hoped for more new fund launches; however, as clarified by the Ernst Young Global Hedge Fund Sur-vey, there has been a downturn in the number of new fund launches globally. However, included among the 2015 fund registrations were 32 Class A and Class B Exempt Funds. This is up from 25 registered the pr evious year. This is a new class of funds that was put in place in 2013. It is worth noting that these two new classes of funds were brought about by the combined work of the Government, the BDA Asset Management Group, the BDA Legal Focus Group, and the BMA that lever-aged the feedback gleaned from the US Funds La wyer Think Tank, hosted by the BDA in May 2013. The BDA has been heavily promoting this initiative, particularly in the United States, and it is encouraging to see it produce results. Mr. Chairman, in the Alternative Investment Funds sector, Bermuda is making progress towards securing a similar type of equivalency as was recently achieved in the insurance sector with Solvency II. The European Securities Market Authority (known as ESMA) has set out rules dictating how non- European Union fund managers can market their Alternative I nvestment Funds in EU member states on a cross - border basis. These rules are being collectively r eferred to as the Alternative Investment Fund Mana gers Directive, or AIFMD. Bermuda is seeking to have the EU extend the same rights to approved Bermuda entities that are currently available only to EU -based alternative investment fund managers. Mr. Chairman, we have made significant pr ogress towards putting in place the necessary legisl ative framework to meet the AIFMD criteria. Amend-ments to Bermuda’s Investment Business Act to pr ovide for an AIFMD -compliant, opt -in regime were passed by our legislature in August 2015. The amendments establish a regime in which the BMA would oversee locally based managers who wish to market their alternative investment funds via the passport in Europe. This favourable positioning has been achieved through the collaborative efforts of the BDA, the BMA, this Government, and the Island’s asset management industry. In August of last year, ESMA announced that Bermuda was among the select jurisdictions it will consider when it holds its next review, promised in the fourth quarter of 2016. Mr. Chairman, throughout 2015 the work of the BDA has resulted in asset managers relocating to Bermuda to set up their operations —examples include EFG Wealth Management and Invictus RG. Each of these entities now has physical operations in Ber-muda and each is looking to expand in Bermuda. I am reliably informed that there are other asset managers, and service providers in the pipeline. Mr. Chairman, attracting new companies to Bermuda is not the only way the BDA is contributing to our economic growth and job creation. The BDA has brought several asset management conferences to the Island. The BDA, along with BDU helped the Regulatory Compliance Association bring its gathering to the Fairmont Southampton last April, and we will see the second annual RCA Symposium this April. The BDA introduced the Global Fund Forum to Ber-muda last year and this group will be back in June of this year. In 2016, the BDA has attracted yet another asset management conference to our shores known as the World Alternative Investment Summit, which will come to Bermuda in September. Mr. Chairman, the second area for the BDA is the Risk Solutions focus and it encompasses all facets of Bermuda’s risk transfer industry, including insurance, reinsurance, captives, ILS (Insurance- Linked Securities), underwriters, the broking community, legal advisors, and auditors. Bermuda’s well -known insurance success story continues to evolve with the growth of the long- term life insurance sector adding to the depth and variety of our market offerings. The BDA has concentrated their recent efforts on captives and other companies involved with insur-ance- linked securities (ILS). In 2015, they introduced insurance related webi nars and broadcast interactive sessions to over 450 registrants that included aud iences from Latin America to western Canada. The webinars provide a cost -efficient mechanism for getting the Bermuda message to a global audience and they have already produced several leads. The BDA has also provided its support and resources to the Bermuda Captive Conference, which held another very successful event in June 2015. There were over 700 delegates in attendance with more than 300 of these from abroad. The BDA continued to work closely with ILS Bermuda stakeholders to keep the Island at the for efront of this pioneering asset class. The BDA was again a principal sponsor of the 2015 ILS Bermuda Convergence conference, which attracted 303 del egates of which 174 were from overseas. The collaborative effort seems to be working because the growth in this sector since 2013 in BerBermuda House of Assembly muda has been exceptional. At the close of 2015, that growth had amounted to approximately 69 per cent (or some $18.1 billion) of the total $26.3 billion in outstanding ILS being issued from Bermuda. Of the $7.9 billion of ILS capacity issued in 2015, more than 70 per cent was issued from Bermuda, followed by the Cayman Islands and Ireland with issuances of 14 per cent and 7.6 per cent, respectively. As of March 10 th there were 150 insurancelinked securities listed on the Bermuda Stock Ex-change with a value of $19.2 billion. While competitor jurisdictions —some of which are huge global financial centres such as the UK — seek to attract this Bermuda- domi nated business, the objective of the BDA, in collaboration with industry stakeholders, is to ensure that we maintain our lead-ership position and, in fact, widen the gap between Bermuda and our competitors. Last April, along with the Premier, Ministers of Finance and Economic Development, the BDA led a successful “Team Bermuda” delegation to the Risk and Insurance Management Society Conference (RIMS) in New Orleans, and plans are well underway to give Bermuda a similarly strong presence at RIMS San Diego in April 2016. That is next month. The BDA specifically targeted Latin America and Canada for captive insurance business in 2015. The Ministry participated in a delegation to Calgary and Toronto that educated audiences, composed pr imarily of CFOs, on the advantages of Bermuda as a captive insurance domicile. This was of particular i nterest to those in the oil and gas industry who have been seeking opportunities to control their own risk exposure and minimise costs as a result of the decline in oil prices. The BDA also led several targeted business development missions to Latin America with meetings being held in Colombia, Chile, Mexico, and Brazil. In fact, Mr. Chairman, the BDA’s representation at the ALARYS Congress in Rio de Janeiro, Brazil, resulted in the ALARYS organisers’ decision to host their next conference here in Bermuda in September 2016. Mr. Chairman, one might ask, what does all this activity actually mean for Bermuda? Well, this activity is designed to ensure that we keep as much of our existing business here, and we do as much as we can through a proactive, targeted approach, to attract quality new business. The Bermuda Monetary Authority announced that it had registered 64 new insurance and reinsurance companies in 2015. This is actually one fewer than 2014. However, 22 were limited pur-pose insurers, or captives. These 22 represent an i ncrease of six over the 16 registered the previous year. This is precisely where the BDA’s area of focus has been. Of these new captives, at least four stem from the 2015 targeted markets of Canada and Latin America. Mr. Chairman, I am informed there are several other captives in the pipeline that we may expect to see in the early year BMA statistics. To put this into context, each new captive formation provides fees to the BMA and the Registrar of Companies, as well as additional work for the br oker, auditor, law firm, and auditor. All of these are Bermuda- based service providers. This work is pr eserving jobs and facilitating job creation. Mr. Chairman, during 2015, the BDA worked with the trust and private client sector to develop a unified marketing message and approach. Through the work of the BDA Trust Law Reform Committee, some important pieces of legislation were advanced — most notably amendments related to the Perpetuities Act that were passed by Parliament in December 2015. These legislative changes have increased trust business, reinforcing Bermuda’s reputation as a responsive, competitive jurisdiction, and have pr ovided the impetus for the trust group to present a pos itive and contemporary marketing message on the road. The progress that the trust sector has made is evident from recently collected data. The BDA surveyed the Island’s 30 trust company licence holders to see how the trust company sector is contributing to our economy. In 2013, feedback from the sector indicated a minimum of 159 employees working for Ber-muda’s licensed trust companies. In 2015, that figure had risen to a minimum of 269 employees. I should emphasise that these jobs are attributable to the trust companies themselves and do not include jobs ass ociated with the banking, legal, and other service pr oviders that work with the trust industry. As with Asset Management and Risk Sol utions, the BDA’s work in the trust sector has attracted new conferences to Bermuda. The Transcontinental Trusts Conference will return for its second event in May, and Legal Week held its prestigious Private Cl ient Forum Americas conference at Rosewood Tucker’s Point in February. Mr. Chairman, another area of the BDA’s f ocus is broadly defined as international commerce. The BDA is looking at various potential opportunities to increase diversification. The agency has performed significant research through the year and has both explored and ruled out many proposals that are unlikely to be a good fit for Bermuda. Currently, the agency is working on some promising technology and biotech- related initiatives that have the potential for physical presence compa-nies and jobs. Mr. Chairman, I mentioned earlier the bus iness development delegation to Canada. The Toronto leg of that trip also included a business case on Bermuda as a jurisdiction for Canadian companies to l ocate a portion of their e- Commerce business — provided there are sufficient physical presence, mind, and management, in Bermuda. The BDA is continuing to work with local service providers to refine and mar-ket the proposition. 1606 21 March 2016 Official Hansard Report
Bermuda House of Assembly In the technology and life science space, we have seen several companies take advantage of the BDA Concierge Service. The agency will be leverag-ing these as case study examples to attract even more. The BDA’s International Commerce focus is not just looking at blue- sky, out -of-the-box solutions, but is also directed at analysing and growing existing industries that are well -suited to Bermuda. In this r egard, the BDA is working with stakeholders in our shipping and aviation sectors and is developing strategies to grow these two sectors. Mr. Chairman, you will be aware that we are moving both those sectors towards more of a quango-based operation so they will be able to be more i nvolved in marketing and promotion. Mr. Chairman, as Honourable Members may be aware, the BDA, in collaboration with the Business Development Unit (BDU), is operating a Concierge Service. The BDA helps companies through the process of establishing in Bermuda and provides them with a starting point and a consistent point of contact. The BDA provides prospects with information, intr oductions and meetings with law firms, accounting firms, real estate providers, banks, administrators, and trustees. The team at the BDU then provide a similar service for the processes within government. As di scussed earlier, the BDU provides a single point of contact for liaison with Immigration; Registrar of Companies; Office of Tax Commissioner ; Attorney General’s Chambers, and other Government departments. This relationship with government is all part of the Concierge Service. Mr. Chairman, the BDA uses a Client Rel ationship Management software system to track prospects, opportunities, and leads along its new business pipeline, as well as to track assistance provided to existing companies. As at December 31, 2015, the BDA had over 125 current opportunities and leads in its system. Via the Concierge Service, the BDA has assisted in the establishment of 30 companies. On top of this, the BDA has logged over 40 requests for conc ierge advice and help. Mr. Chairman, I would like to take this opportunity to suggest that if Honourable Members are approached by credible companies or individuals who are interested in developing business in Bermuda, please have them contact the BDA or visit its website at www.bda.bm . Mr. Chairman, I have talked about some of the tangible industry results and achievements of the BDA, but it would not be a full story if I did not touch upon some of the softer success factors. There has been a significant increase in the volume and quality of communications emanating from the BDA over the past 12 months. The BDA launched a full slate of s ocial media channels to reach new audiences and sub-stantially raise Bermuda’s global profile. Complementing its comprehensive website are eight social media platforms, including: Facebook, LinkedIn, Twitter, I nstagram, Vimeo, Tumblr, and YouTube. Mr. Chairman, many in this Honourable House, and the listening public, will have seen the BDA’s local awareness campaign produced in tandem with the Association of Bermuda International Companies (ABIC). The campaign, branded “#everybody’s business,” is an integrated public awareness ca mpaign, incorporating commissioned animations and infographics, a series of dynamic video shorts, digital and print advertising, social media distribution, photo portraits released via Instagram, plus radio talk shows featuring a wide variety of international business - related guests. The campaign’s goal has been to demonstrate the value of international business in Bermuda and illustrate how the sector drives growth and creates jobs throughout the whole local economy. The 2015 campaign reached a wide dem ographic, particularly younger audience, to spread the message that “international business is everybody’s business.” The 2015 campaign included a series of things, and I will just mention a few of them: • A two -minute animated graphic and i nfographic created by Sami Lill, of Uber Super Duper, showcasing International Business’ (IB’s) impressive statistics; • A series of 30- second video clips created by filmmakers Andrew Kirkpatrick and Nhuri Bashir, of Burnt House Productions, telling snapshot stories of Bermudians in different jobs, mostly outside the corporate sector, who benefit from IB; • A series of eight adverts in the Royal G azette’s printed edition over several weeks featuring the same Bermudians; • Digital adverts promoting the individual videos on a variety of popular local websites (bernews , Bermemes , Today in Bermuda, We Are Bermuda, and the Royal Gazette); • An Instagram campaign shot by award-winning portrait photographer Meredith Andrews, featuring Bermudians from the ca mpaign’s videos, along with others whose work is bolstered or supported by IB (posted on BDA’s Instagram investbermuda site); and • A series of radio talk shows on the Sherri Simmons Show (Magic 102.7 FM) and ZBM’s Miss Thang (Power 95 FM), featuring BDA employees and our stakeholders in IB and support industries.
All products were promoted to local audiences via the BDA’s social media channels as well as press releases that generated editorial coverage online and in print. Local “influencers” with a strong social media presence of their own were also brought on board as
Bermuda House of Assembly partners to help spread the messages and products to their larger, diverse audiences. The entire campaign has been developed using Bermuda- based service providers. On the international front, the BDA has liaised with the Association of Bermuda Insurers and Rei nsurers (ABIR) and the BMA as well as government to be more proactive in the management of our profile as an international financial centre. Mr. Chairman, last year, the agency initiated BDA Abroad using LinkedIn. This is a network for Bermudians working abroad, or former Bermuda res idents, who wish to connect with the Island, share ideas and intelligence, and be business ambassadors for the jurisdiction. As of December 31, 2015 the number of BDA Abroad members reached nearly 200 and the agency it self had more than 400 followers on LinkedIn. This network continues to expand as intern ational contacts from as far afield as Hawaii, Australia, Dubai, and Germany spread the message about Ber-muda. Mr. Chairman, to summarise, in 2015 the BDA carried out strategic overseas business development meetings, road shows, attended key conferences, and provided business concierge services for prospective clients in the areas of trust and private client, captive insurance, asset management, biomed, shipping, technol ogy, and e- commerce. New geographic markets explored included Latin America and Canada, which yielded positive growth results. Mr. Chairman, the conferences that the BDA has helped attract to the Island, particularly during shoulder months, have added thousands of hotel nights and assisted with increasing airline load—something of vital importance to both our tourism and business sectors. The consequential multiplier effects to the economy while delegates are here, in our restaurants, taxis, and shops is significant and keeps Bermudians working. These conferences provide additional exp osure for the Island as both a tourism and business location to many people who have never visited be-fore. The net result is increased economic activity in the short -term simply due to arrivals on island, plus long-term benefits from those who are compelled to return—as leisure visitors —or to do business here, and hopefully set -up a physical presence. Mr. Chairman, the goals and objectives of the BDA are long- term in nature; but for the coming fiscal year, the BDA will continue to progress the pr ogrammes initiated in 2015. The onboarding of new companies can be a slow process. For example, one new company that has recently set -up business was the result of nearly two years of dis cussion, assi stance, and progressive development. The BDA con-tinues to see opportunities make their way through the system and leveraging case studies, such as Invictus RG, EFG Wealth Management, and Roivant Sciences will help attract others. In addition to its current programmes, over the next 12 months the BDA will focus more on international communication, particularly with a US election on the horizon. The BDA has liaised with the Cabinet Office, the Ministry of Finance, the Government’s London Office, as well as the BMA and industry representative groups to ensure coordination with regard to international messaging that highlights Bermuda’s value to the global economy. The approach has been to promulgate messaging that tells Bermuda’s story, differentiates us from other international financial centres, and corrects misinformation about the Island. The BDA has representation on the ACBDA Legacy Committee and will be working to support and fly the Bermuda business flag at America’s Cup Louis Vuitton World Series events in 2016, particularly in New York and Chicago. The BDA will deliver Bermuda business messaging to high level business executives who frequent these events and to build greater awareness of our jurisdiction among those who might choose to invest or set -up companies here. Mr. Chairman, while the development of the Canadian and Latin American markets will continue throughout 2016, the BDA will complete feasibility r esearch on the Chinese and South East Asian markets to determine business opportunities those regions present to Bermuda. Mr. Chairman, one of the BDA’s biggest strengths is its ability to act as a liaison between the government, the regulator, and industry. Cross -marketing between the Asset Ma nagement, ILS and trust sectors is key to t he BDA’s initiatives in the coming year. The agency is seeking to encourage some of the asset managers backing ILS structures to use Bermuda as their investment platform. Similarly, by attracting and educating more high net worth individuals (HNWIs) on Bermuda’s a dvantages, we can promote Bermuda for other aspects of their international business needs. This kind of cross- marketing is especially logical in an industry diverse jurisdiction like Bermuda that is well -known for its one -stop- shop marketplace. Mr. Chairman, for the coming year, the main thrust of the BDA’s Trust and Private Client initiatives is to continue to refine and advance competitive legi slation that will set Bermuda apart from its competitors. This work is being done by the BDA’s Trust Law Reform Committee and its Trust Focus Group. The Trust Pillar will also leverage the China research, and the BDA has planned development in itiatives in Asia to tap into the growing interest, know ledge, and comfort level with trust products emerging from tha t region. The existing prime target markets for the trust industry remain the US, UK, and Switzerland, and the BDA has scheduled business development trips to each of those locations in 2016. 1608 21 March 2016 Official Hansard Report
Bermuda House of Assembly Another initiative the BDA will focus on this year is the promotion and marketing of Bermuda as a prime location for family offices. Research was under-taken during this current fiscal year, and phase two of this project will be deployed in the coming year. Mr. Chairman, with regard to insurance and reinsurance risk solutions, the BDA will continue to support the captive and ILS sectors. They will build on the Latin American and Canada initiatives already in place and will continue to support the ever -evolving convergence sector. The latter is gaining greater un-derstandi ng in Asia and Australasia, and the BDA will be seeking to gain more traction in these markets with targeted programmes. The BDA has continued to further develop the marketing of the Island as a jurisdiction for the healt hcare insurance and the reinsurance industry. Bermuda’s captive and reinsurance sectors are serving an increasing number of health care companies seeking risk -management solutions —particularly US corporations. This strategy will continue to be refined and specific plans will be implemented throughout the year. The BDA’s webinars will continue, and the agency already has five scheduled webcasts slated for 2016, each focusing on different industry aspects. The BDA is also leading a Team Bermuda Captive Group on a series of regional US roadshow s to secure opportunities in historically underserved pockets of the United States that it believes holds great potential. While there is continual contact with the I nsurance Advisory Committee and the management of ABIR, 2016 will see direct liaison and c ommunication with the companies that comprise ABIR and the Ber-muda International Long Term Insurers and Reinsurers (BILTIR). Mr. Chairman, on the International Commerce front, while the BDA will continue with core initiatives related to Canadian e- Commerce and marine- related life science, there will also be a push on promoting shipping and aviation. Via a combination of strategically targeted business development meetings, conferences, events, collaboration, thought leadership, jurisdictional advo-cacy, and media relations, the BDA continues to ex ecute its business plan to achieve the objectives of job maintenance, growth, and GDP contribution. To summarise, Mr. Chairman, the Bermuda Business Development Agency’s targeted business development efforts across key industry sectors over the past year is reaping tangible success —with year - over-year increases noted in the numbers of new i nternational companies setting up on the Island across several industry sectors. In 2016/17, the BDA plans to further this growth, exploring new markets —such as China and South East Asia, providing business development support to the America’s Cup Louis Vuitton World S e-ries events, as well as safeguarding and promoting Bermuda’s jurisdictional reputation through proactive advocacy overseas. Mr. Chairman, the efforts of the BDA are benefitting Bermuda and Bermudians, and we look forward to more success stories over the next year. The agency is well -governed and well -managed, and its professional executives and support staff are per-forming well for the benefit of Bermuda. I would like to at this point add my thanks to Ross Webber and his team at the BDA who have been working very aggressively over the last year to improve their performance and Bermuda’s perfor mance.
Cost Centre 9505— America’s Cup 2017
Dr. the Hon. E. Grant Gibbons: Mr. Chairman, I would like to move now to page B- 325, cost centre 9505, which is the cost centre for the America’s Cup 2017. As you will see there, the estimate for 2016/17 is $8,068,000 which is up $1,850,000, or 30 per cent, from the previous year. The budget in the previous year, that is 2015/16, was $6,218,000. Capital Development, which is found on page C-7, the estimate for this coming year is $15,747,000, which is actually up $10,873,000 from previous year. And the previous year’s budget for 2015/16 was $4,874,000. The Grant. On page C -20 of the Budget Book the estimate for 2016/17 is $7,968,000 up $1,750,000 from previous year. The budget in 2015/16 was $6,218,000. Mr. Chairman, this allocation for this particular cost centre is for the costs associated with Bermuda preparing for and hosting the America’s Cup Finals in late May until the end of June 2017. This includes $261,000 for operating expenses for t he Ministry Headquarters for the oversight of Government’s deli verables for the events; $100,000 tailored specifically for America’s Cup events; as well as sponsorship payments to the America’s Cup Event Authority, and a grant to the ACBDA Ltd. Mr. Chairman, in order for the Government to ensure that it meets its obligations and commitments under the Agreement with the America’s Cup Event Authority (ACEA), there will be a temporary project team within the Ministry (otherwise known as the America’s Cup 2017 Office) until the end of the event period in 2017. The team will consist of two staff members seconded from within the Government; a Liaison Officer who is already in place, and I think who as Honourable Members will know as Jasmin Smith, and she is responsible for overseeing the project office and she will be joined by an administrative assis-tant later this year. To cover their salaries, $215,000 has been a llocated, plus $46,000 to cover required studies and reports associated with the America’s Cup Event Vi lBermuda House of Assembly lage logistics, public meetings, and general professional services. The core responsibilities for the America’s Cup Project Office are to: • Oversee the budget allocated for the Amer-ica’s Cup 2017; • Work with the relevant Government ministries to coordinate the delivery of Government functions and services required for the effective operation of the events, such as the transportation plan, security services, among others; • Facilitate Concession Order applications u nder the America’s Cup 2015 Act; • Serve as a conduit for the submission of work permit applications, development and building applications, and any other applications r equired under the Government’s commitment to the ACEA; and • Liaise with the ACEA and the ACBDA Ltd. as well as other organisations that will be providing resources or services in connection with hosting the 35 th America’s Cup. Mr. Chairman, other responsibilities include representing the Government on committees esta blished for the purpose of preparing and implementing various event initiatives, and I will be talking more about this later. There is a Sponsorship Fee of $5 million. Mr. Chairman, you may recall, under the Agreement with the America’s Cup Event Authority the Government is committed to a $15 million sponsorship fee over a three-year period, which is to be paid in Bermuda do llars and spent in Bermuda. That is very important. That money is to be spent in Bermuda. This $5 million is the third tranche. The first $1 million was paid upon execution of the Agreement in December 2014, with an additional $4 million paid in 2015, and the final payment of $5 million due in 2017. The ACBDA Ltd. expenses are $2,707,000 for the coming year. The ACBDA Ltd. (ACBDA), Mr. Chairman, is funded by the Government and 100 per cent of its shares are owned by the Government. The main purpose of the company is for the day -to-day performance, oversight, operation, and implement ation of Bermuda’s obligations under its agreement with the America’s Cup Event Authority. The difference between the ACBDA and the America’s Cup Office within the Ministry is that the office is dedicated to functions required within the Government whilst the ACBDA is far reaching. The company serves as a “one- stop- shop” relationship liaison between the ACEA and the Bermuda community and as well with the individual country teams; such as Artemis, Team Japan, et cetera. The Government Liaison Officer serves on the ACBDA Board along with eight other board members. Mr. Chairman, the full composition of the Board is as follows: • Mr. Peter Durhager —Chairman; • Mr. Michael Winfield —CEO; • Mr. John Collis; • Mr. David Dodwell; • Mr. Daren Johnston; • Mr. Warren Jones; • Ms. Donna Pearman; • Mr. Blythe Walker; and • Ms. Jasmin Smith—Government AC Liaison Officer.
The ACBDA has a full -time staff of four under the leadership of the Chief Executive Officer, Mr. Mike Winfield and has outsourced other functions which include: accounting, marketing, administration, public relations, project management, among others. The ACBDA’s office is located in Windward House, 24 Crow Lane and is shared with the America’s Cup Event Authority. This prime office space is generously provided by Renaissance Reinsurance Ltd. at no charge and that is much appreciated as it saves not only the ACBDA but also Government consider able rental costs. Some of the responsibilities of the ACBDA i nclude promoting and facilitating all America’s Cup-related requests, disputes, and requirements that ACEA may have in connection with either their Agreement with the Government or otherwise concerning the planning and preparation of the events. Mr. Chairman, in the current 2015/16 Fiscal Year, one of the ACBDA’s main focus areas was the delivery of Bermuda’s obligation to host the Louis Vuitton World Series in October 2015. The event was a resounding success for the Island with many sectors of the economy benefiting. The positive economic i mpact for the event was estimated to be $8.6 million, which was actually some five times greater than ACBDA’s initial projection of $1.7 million estimated in October 2014. The benefit includes spending from a variety of sources: • The $6.1 million includes accommodations, as well as food and beverage for some 1,499 overseas visitors, consisting of America’s Cup sponsors; media; competitor teams not al-ready established in Bermuda; and other vis itors who came to the Island specifically for the event. This total includes individuals assoc iated with the ACEA, the teams and sponsors who entered the Island on a work permit. The $6.1 million amount reflects spending in Ber-muda to Bermuda parties. • In addition, there was $1.2 million generated spending by Bermuda parties —including staging of the America’s Cup Concert; infrastructure investment by telecommunications firms; and spending by Bermuda public bodies (such as the ACBDA, the Bermuda Tourism Author1610 21 March 2016 Official Hansard Report
Bermuda House of Assembly ity, Bermuda Police Service, Bermuda Hospitals Board, Corporation of Hamilton, and Go vernment departments and ministries). • An additional $1.3 million was attributed to l ocal spending by the general public including, spending in retail outlets; the America’s Cup Village vendors; restaurants; transport; gas; and other marine- related expenditures. • There were 138 accredited media personnel in Bermuda covering the event. They repr esented 97 media outlets from 14 countries i ncluding Australia, Austria, Bermuda, Canada, France, Germany, Hong Kong, Italy, Japan, New Zealand, Slovenia, Sweden, UK, and the USA. • Additionally, it is estimated that 8.1 million people were reached by the televising of the event either through viewing the specific foo tage or through coverage of the event on other news or sports programmes.
Mr. Chairman, the ACBDA has oversight of 16 working committees that are fully engaged in strateg ically planning every aspect of hosting the America’s Cup events. The committees along with a strong vo lunteer base were an essential resource in contributing to the success of the Louis Vuitton World Series weekend event in October 2015. These committees consist of government and private sector representatives from every sector of the community. The committees are: Telecommunic ations, Security, Transportation, Health and Safety, Economic Assessment, Business Connect, Hotel C apacity, South Basin Land Reclamation, Regatta Sup-port, Communications, Sponsorship, OnWater/Charter Boats, Superyachts, Legacy and Sustainability, On -Water Operations, Infrastructure, and Sailing Programmes: Endeavour Community Sailing and Red Bull. Some of the logistical matters the committees are addressing include: preparing the Economic I mpact Assessment and a Development Planning Appl ication for the America’s Cup Event Village; waste management; water; fuel; sewage; movement of peo-ple; security issues; medical treatment provisions; evacuation planning; mooring of visiting yachts and superyachts; accommodat ions for visitors, visiting teams, and team sponsors; identifying and introducing legacy projects —and the list goes on. The ACBDA recognises that maintaining a volunteer base over the four - to five -week period during the Finals in 2017 will not be an easy task and may require remuneration to individuals who undertake key roles. All residents will be encouraged to play a part in this historic event. Sign- up information for volunteers will be published closer to the event. During the current 2015/16 Fiscal Year, the ACBDA concierge has assisted nearly 160 team members along with over 170 of their families with their relocation to Bermuda. This includes the remai nder of Oracle Team USA, Artemis Racing, and Sof tBank Team Japan, all of whom joined the ACEA and a small group from Oracle that relocated to Bermuda in March and April of 2015. In the upcoming Fiscal Year 2016/17, the ACBDA will assist with the reloc ation of Groupama Team France, the Land Rover BAR UK team, and Emirates Team New Zealand. Mr. Chairman, as a result of Bermuda hosting the America’s Cup, young Bermudians will have the opportunity to participate in two superb programmes: The America’s Cup Endeavour Programme and Ber-muda’s Red Bull Youth America’s Cup Team. The America’s Cup Endeavour Programme is a community sailing project with a focus on leaving a sporting legacy in Bermuda. The programme focuses on developing middle school aged children to learn about sailing through a cross -curricular STEAM Educational Programme (that is Science, T echnology, Engineering, Art and Math). In October 2015 the East Fort, as it is called, was officially opened at the TS Admiral Somers Building which is being shared with the St. George’s Unit of the Bermuda Sea Cadets Corps. The West Fort is currently being erected in the Royal Naval Dockyard and will ultimately be moved to the Event Village, also in the South Basin area. Since last summer over 1,000 Bermudian st udents have been exposed to Endeavour -related outreach programs. Some of the activities include: • [There were] 138 students who participated during the M1 in- curricular classes which is a week -long programme; • [Also,] 48 children each week for eight weeks were exposed to the programme. This i ncludes After School programmes covering East End public prim ary schools and Youth and Sports programming; • [Additionally,] 198 students participated in the Spirit of Bermuda presentations and Oracle Team USA America’s Cup tour; • [Additionally,] 160 students participated in what are known as Generic Taster sessions and team -based tours; • [There were] 185 student engagements i nvolved in the National Sports Expo; and • In addition to the students, 48 teachers participated during a two -day activation Teacher Training programme in September 2015.
The Endeavour Programme also hired two coordinators, two senior instructors, and two freelance instructors; five of whom are Bermudian and who have a professional development plan to improve the delivery of the programme. There were also 75 adult community volunteers from America’s Cup Endeavour Sponsors. Mr. Chairman, Bermuda’s Red Bull Youth America’s Cup Team (Team Bermuda) will consist of 18 athletes, 6 squad members, and 12 supporting
Bermuda House of Assembly training partners and shore team members. Team Bermuda will compete in the Red Bull Youth America’s Cup in 2017. This programme will afford a s elected group of young Bermudians between the age of 19 and 25 a phenomenal opportunity to compete with world -class young sailors on America’s Cup 45 foot foiling high performance catamarans (otherwise known as the AC45s). Mr. Chairman, the allocation of $2.7 million for the operation of the ACBDA office includes costs for an America’s Cup marketing and awareness cam-paign throughout the Island, and on- water and on- land event venues, amenities and/or facilities to stage the event. Some of these venues are team bases, the Event Village, race areas, media and broadcast cen-tres, spectator viewing sites with facilities, parking lots, medical staging area, the race management fleet and spectator boats, volunteer centre, offices and back of the house facilities, and berthing for Team support boats and superyachts. Mr. Chairman, it is estimated that over 80 superyachts will come to Bermuda during the America’s Cup Finals which includes an America’s Cup Superyacht Regatta. I should note that this is quite a few more than the number of superyachts that were actually in San Francisco for the last one.
[Inaudible interjection]
Dr. the Hon. E. Grant Gibbons: Sorry? Dr. the Hon. E. Grant Gibbons: We will see. They are prob ably . . . he and hopefully many others. This will create an opportunity for long- term legacy potential to positively contribute to the Island’s image as an upscale destination, as well as stimulate economic activity and entrepreneurial opportunities through required superyacht operations and services. I would like to now turn to the ACBDA Ltd. Capital Development Budget which is $15,747,000. This is up some $10,873,000—
The ChairmanChairmanSorry, can you guide us? Dr. the Hon. E. Grant Gibbons: Yes, that is pr obably on page . . . it is in the C section, and I am guessing that is on page . . . yes, it is on page C -7, Mr. Chai rman, C -7 …
Sorry, can you guide us?
Dr. the Hon. E. Grant Gibbons: Yes, that is pr obably on page . . . it is in the C section, and I am guessing that is on page . . . yes, it is on page C -7, Mr. Chai rman, C -7 of the Budget Book towards the bottom of the page, line item 75382, America’s Cup, $15,747,000. So, in addition to their administ rative respo nsibilities the ACBDA is also responsible for overseeing the development of infrastructure and site preparation expenditure for the team bases and other America’s Cup event sites at the Royal Naval Dockyard. The work is being carried out in phases. In the current 2015/16 Fiscal Year, the ACBDA has been engaged in what is referred to as Phase 2 and a portion of Phase 3 of the America’s Cup— and I will get to that in a second—the America’s Cup Dockyard capital development project which is on schedule and on budget at a cost of $4.9 million. That is for the current 2015/16 year. This work includes the preparation of sites at the Royal Naval Dockyard for the team bases, at the South Basin dock, as well as renovating and repurposing two of the existing buildings in the Royal Naval Dockyard— Building Four, also known as the Chicane Building, and Building Nine, which are both located behind the Clock Tower Mall —for America’s Cup use. To date some 390 workers were employed on these America’s Cup- related projects and approximately 70 subcontracting companies were involved. Emplo yment and economic opportunities will continue through the build- out of the Event Village and then during the wind- down phase after the America’s Cup Finals in preparation for ACEA’s handover of a clean site to Bermuda. Oracle Team USA has fully established its base next to Pier 41 on the South Basin dock and SoftBank Team Japan has erected its base to the west of Oracle. The ACBDA continues its focus on site preparations for Land Rover BAR and Groupama Team France. Both teams are scheduled to set -up bases on the South Basin dock before the end of 2016. On completion of WEDCO’s land reclamation project in the South Basin, attention will be directed to the development of the America’s Cup Event Village. In addition to amenities and facilities required to host the America’s Cup Finals, the Event Village will house the America’s Cup Red Bull teams, Emirates Team New Zealand and the Swedish team, Artemis Racing. As Honourable Members will be aware, Art emis has constructed its team base at Morgan’s Point where they will operate until moving a portion of their operations to the South Basin during the first quarter of 2017 to comply with the Race Protocol which r equires all teams to have a presence at the Royal N aval Dockyard. Mr. Chairman, this capital allocation $15,747,000 is for a portion of Phase 3, and a portion of Phase 4, which is the lion’s share or approximately 66 per cent of the project’s overall costs and includes: grading, asphalt, drainage and boreholes for prepar ation of the south end of the dock; floating docks and moorings south and west of the South Basin arm, inside and outside of the South Basin bridge, inside both King’s Wharf and Heritage Wharf and in other locations identified to accommodate superyachts; electrical, water, IT, and waste management infr astructure for the team bases; landscaping and beaut ification of the Event Village; toilet facilities and parking lots; and refurbishments to specific buildings used by the America’s Cup Event Authority and/or the teams.
Economic Development Committee
1612 21 March 2016 Official Hansard Report
Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: Mr. Chairman, f inally, I would also like to take this opportunity to briefly report on the Cabinet Committee for Economic Deve lopment —also known as the EDC. The Ministry pr ovides administrative support to the EDC. And although there are no direct budgetary implications specifically set out, the EDC attention comes under the Hea dquarters and the Committee’s mandate and the pr ojects that it oversees are closely intertwined with the activities and mandate of the Ministry. The EDC is chaired by the Premier and i ncludes the Ministers of Economic Development, F inance, Home Affairs, Tourism Development and Transport, Legal Affairs, and Public Works who are supported by the Cabinet Secretary, the Financial Secretary and the corresponding Permanent Secretar-ies for each of the ministries. Mr. Chairman, the role of the EDC is to review proposals and provide oversight and support to those projects and initiatives that are designed to stimulate the economy and create jobs. These projects gener-ally have the very real potential to advance Bermuda’s economic recovery by stimulating investment, putting Bermudians back to work and laying the foundation for future gr owth and shared prosperity. The EDC meets on a weekly basis to review projects and ensure close coordination between ministries and en-sure timely decision- making. During the current fiscal year, the EDC monitored and will continue to work on, a number of private sector capital development projects; some of which include: • The development of a St. Regis resort at the former Club Med site; • The introduction of a new and larger classes of cruise ships to the Bermuda market; • The redevelopment of the Pink Beach Cl ub; • The multiphase development of the Morgan’s Point property; • The renovation of the Fairmont Hamilton Pri ncess Hotel; • The operational and capital development ac-tivities required to host the America’s Cup; • The redevelopment of the L. F. Wade Interna-tional Airport; • The redevelopment of Ariel Sands; • The redevelopment of the Elbow Beach Hotel; • The enhancement of beach amenities, most recently Horseshoe Bay; • The leasing and repurposing of the Grand A tlantic condominium complex; and • The investigation of development opportun ities on Marginal Wharf at Southside.
Mr. Chairman, in addition to monitoring the progress of each of these projects, the EDC also e nsures that the required regulatory processes proceed unimpeded and receive the appropriate level of de-partmental and Ministry support required for these important projects. Thank you, Mr. Chairman, this concludes my remarks on the Headquarters of the Ministry of Ec onomic Development. But it would be remiss of me not to thank the Permanent Secretary, Mr. Bill Francis; the Chief Financial Officer of the Headquarters in the Mi nistry, Chris Meyer; the BDU Head, Ms. Lydia Dickens; and of course, Jasmin Smith, the America’s Cup liai-son.
HEAD 39 —REGISTRAR OF COMPANIES
Dr. the Hon. E. Grant Gibbons: With your permi ssion, Mr. Chairman, I would now like to move to Head 39 which is the Registrar of Companies department. And that is found on a number of budget pages and I am going to refer to them specifically in a minute, but that is pages B -328 to B -331 and also in the back on page C -15. The Registrar of Companies has been all ocated a total budget of $2,712,000. This is a reduction of some $133,000, or 5 per cent, from previous year. The budget in the current year 2015/16 is $2,845,000 and the revised budget is down slightly to $2,786,000. Revenue, which you can find on page B -329, which I will talk a little bit more about in a few minutes, is $70,054,000. There are some 18 full -time equivalent staff members in the Registrar’s Office. Mr. Chairman, the Registrar of Companies department is committed to the continued success of the international and domestic business sectors in Bermuda, particularly in light of the mounting chal-lenges from our competitors and increasing scrutiny from global regulatory bodies, such as t he OECD, FATF, and the IMF among others. Accordingly, the Registrar is committed to the sound regulation of the industry and the delivery of efficient and effective ser-vice, emphasising a client -centred approach. Mr. Chairman, the Registrar’s designated objectives can be found on page B -328 and are as follows: • To maintain the Register of Companies and ensure the provision of current and accurate Registry information; • To ensure compliance with the Companies Act 1981 and related legislation in a consi stent, f air and judicious manner; • To collect Company Fee revenue pursuant to the Companies Act 1981 and other associated legislation in accordance with Financial I nstructions; • To process all company applications from the private sector in accordance with established benchmarks; • To provide technical advice to the Ministry of Economic Development and other Gover nment departments;
Bermuda House of Assembly • To provide guidance or direction to the public on matters related to the Companies Act 1981; and • To diligently administer court appointed c ompany liquidations and personal bankruptcies in a prudent and professional manner ensuring compliance with the Companies Act 1981, Companies (Winding- Up) Rules 1982, and other associated legislation.
Mr. Chairman, we have seen a steady trend of local and international company registrations in 2015. The total number of new company registrations for the year was 1,090, a 9.2 per cent decrease over the 1,201 reported in 2014. The decrease was reflective of the 188 new local registrations, which was in effect a 20.5 per cent increase over the 156 in 2014 (that is local company registrations); and 896 new intern ational companies and partnerships, a 12.3 per cent decrease over the 1,022 in 2014. Mr. Chairman— [Mrs. Susan E. Jackson, Chairman]
Dr. the Hon. E. Grant Gibbons: —I am sorry, Madam Chairman, after the numbers are netted out to take into account companies that have left the jurisdiction or gone into liquidation, Honourable Members may be interested to know that, as at December 1, 2015, there were 11,548 active exempted companies on the register. This compares to 11,403 at the end of 2014. Whilst there has been a net growth of 145 exempted companies on the register this fiscal year; the depar tment continues its prudent strategy of estimating its revenue and has budgeted an increase of $5,024,000 for the coming 2016/17 year.
Expenditure Overview
Dr. the Hon. E. Grant Gibbons: What I would now like to do is look at the Expenditure Overview by cost centre. As I said, the overall estimate for the depar tment was $2,712,000. And the budget for the Regi strar of Companies is set out under three cost centres, which are on page B- 328, Madam Chairman. They are: • Policy and Planning; • Registration and Revenue; and • Licensing and Insolvency.
The total current account expenditure is est imated to be $2.712 million for the upcoming year. As I said, this represents a decrease of or 5 per cent less than the original budget of 2015/16. This decrease is primarily due to the reduction in general administrative costs, coupled by a decrease in funds allocated to professional fees and services set aside for the co n-duct of corporate liquidations and personal bankruptcies. Turning to the individual cost centres.
Cost Centre 49000 —Policy and Planning Dr. the Hon. E. Grant Gibbons: As you can see on page B -328, the estimate for the upcoming 2016/17 year is $528,000, which is $24,000, or 5 per cent from the previous year. The budget for the previous year was $504,000. There are two full -time equivalent staff in the Policy and Planning section. Madam Chairman, the Policy and Planning cost centre includes planning, strategic direction, a dministration and other activities associated with the daily operation of the Registrar of Companies D epartment. Information technology, financial and ad-ministrative support, budget development, accounting, personnel administration, and general office admini-stration are also included in this cost centre. Expenses under this cost centre include the salaries of the Registrar and the Departmental Com ptroller. Other expenses are communications, training, transport and travel, contractor payments, office sup-plies, repair and maintenance, legal services, bank fees, and storage expenses. The budget increase of $24,000 for this cost centre for the Fiscal Year 2016/17 is mainly due to increases in office equipment rental, airfare relating to overseas conferences, and acting pay.
Cost Centre 49010 —Registration and Revenue Dr. the Hon. E. Grant Gibbons: The estimate for 2016/17 is $870,000. This is a reduction of $193,000, or 18 per cent from previous year. The budget for the previous year, or the one we are in now, is $1,063,000. The Revenue associated with this particular cost centre is $69,779,000, and that is on page B -329. There are 13 full -time equivalent staff in this particular cost centre. The Registration and Revenue cost centre includes the registration of companies and the proces sing and maintenance of statutory and legal documents which must be registered and available for public i nspection in accordance with the prevailing legislation. This section is also responsible for the collection of the annual fees submitted by companies in accor-dance with the Companies Act 1981, the Segregated Account s Companies Act 2000, and the Partnership Acts. Expenses under this cost centre include the salaries of one assistant registrar, one supervisor of registration, one systems administrator, one admini strative assistant, four registration agents, four data entry clerks and one receptionist/filing clerk. Other expenses are related to training. 1614 21 March 2016 Official Hansard Report
Bermuda House of Assembly The decrease, Madam Chairman, of $193,000 in the budget for the Registration and Revenue cost centre is primarily due to the freezing of five posts. The estimated Revenue for this cost centre, reflected on page B -329, is $69,779,000 and repr esents the majority of the total Revenue anticipated for the department. The balance of the revenue of $275,000 is derived from Licence(s) General which is a line item in the Licensing and Insolvency Cost Cen-tre, which I shall now discuss.
Cost Centre 49040 —Licensing and Insolvency
Dr. the Hon. E. Grant Gibbons: Again, on page B - 328, the estimate for the 2016/17 year is $1,314,000. This is an increase of $36,000, or 3 per cent from the previous year. The budget for the 2015/16 year was $1,278,000. There are three full -time equivalent staff members in this section. And as I just mentioned, the Revenue for this particular cost centre is $275,000. Madam Chairman, the Licensing and Insolvency cost centre is responsible for the execution of court orders to administer liquidations in accordance with the Companies Act 1981, the Companies (Wind-ing-Up) Rules 1982, and the provisions of the Bankruptcy Act 1989 relating to personal bankruptcies. This section also includes the processing and issuance of licences and permits to exempted, local and overseas companies to carry on business in Ber-muda, the processing and issuance of licences to, and the regulation of, real estate agents and salesmen, and the provision of technical advice on holiday trading legislation. Expenses under this cost centre i nclude the salaries of one assistant official receiver, one technical officer (Insolvency), and one administr ative assistant. Other expenses are for professional liability insurance premiums, communications, and costs of professional services (legal, accounting, co ntractors, among others) which are required to assist in administering court -appointed corporate liquidations and personal bankruptcies. The increase of $36,000 in the budget for the Licensing and Insolvency cost centre is a net figure. This is a result of an increase in legal services and professional fees for the administration of corporate and personal insolvency cases and a reduction in i nsurance premiums. Madam Chairman, I now refer you to page B329 under Professional Services Cost Analyses. Please note that Professional Services has been i ncreased to $737,000 in anticipation of costs that will be essential to maintain the department’s IT systems which are crucial to meeting its statutory duties. In addition, the professional costs associated with de-partment’s new role as the designated Real Estate Industry Competent Regulatory Authority, under Ber-muda’s anti -money laundering (or AML) legislation, is also reflected under this particular vote. Other expenses have also been increased by $20,000 in anticipation of increased storage fees for active files stored offsite by the Registry, which i ncreases in direct proportion to the number of new an-nual registrations. Travel expenditures have also been increased by 50 per cent to $27,000 to support continuing pr ofessional development of Registry staff by attendance at overseas registry -related conferences. Office equipment rental expenses has also been incr eased to $20,000 in anticipation of increased rental costs for the new photocopiers acquired by the department this fiscal year. Madam Chairman, I would also like to draw your attention to the fact that the insurance expendi-ture estimate has been decreased by $56,000 this year based upon the relative stability of the premium payments during the last fiscal year. The department’s liability insurance comes under the government’s “umbrella” insurance policy and the terms and pa yments are negotiated in the London market by the Accountant General’s department. There are no other significant changes b etween the budget estimates for the 2015/16 and the 2016/17 fiscal years.
Revenue
Dr. the Hon. E. Grant Gibbons: I turn now to Rev enue and would now like touch upon the revenue generated by the Registrar of Companies. These figures can also be found on page B- 329 and are significant. The department is forecasting overall revenue of just over $70 million; that is, $70,054,000. This is approximately $5,024,000 more, or approximately an 8 per cent increase in projected revenue over the r evised revenue estimate for 2015/16 of $65,030,000. Company registrations have been steady and the department has taken a conservative approach by forecasting an increase in revenues b ased on actual audited revenue figures available for the fiscal year ended 2014/15. Applications for refund of company fees and removal of companies from the Register as they are dissolved, struck off or discontinued are just some of the unknown factors at the time that the budget est imates are developed, hence the prudent strategy in estimating revenue.
Manpower
Dr. the Hon. E. Grant Gibbons: Madam Chairman, the department’s budget supports an establishment of 18 full -time equivalent positions and that can be found on page B -330. As a result of the hiring freeze, the department has a total of five frozen posts represent-ing a total cost savings of $148,200.
Bermuda House of Assembly The department believes in value for money and operates as effectively and efficiently as it can in the face of limited resources. Despite the reduced budget, the department expects to maintain the same service delivery levels and targets for the next fiscal year.
Capital Funding
Dr. the Hon. E. Grant Gibbons: Capital Funding, which appears on page C -15, refers to the new Electronic Registry System, which will be replacing the existing, outdated obsolete systems which are no longer supported by vendors. The Registrar of Companies has been allocated $250,000 in capital funding for the coming Financial Year 2016/17, which is r eflected, as I said, on page C -15. This funding will be used to acquire a new system which is envisioned will provide: • improved online business service offerings; • new and improved reporting options for Regi stry users; • simplify and str eamline business interactions for “electronic” Registry users; • enable Registry staff to devote more time to enforcement and regulatory activities; and • it is anticipated to increase customer satisfaction with an easier and faster framework to comply with regulatory filings.
Madam Chairman, it is proposed that the new system will be similar to those already in use in other jurisdictions, which will maintain Bermuda’s compet itive advantage, as offshore registry of choice.
Major Achievements
Dr. the Hon. E. Grant Gibbons: Madam Chairman, the department has been active this current fiscal year and I would like to just touch on some highlights which include the following: 1. The Registrar of Companies successfully hosted the International Association of Insolvency Regulators Conference, the world’s annual meeting of government insolvency regulators, which brought r eceivers and liquidators from all over the world to the Island in September 2015. This was an historic event for Bermuda, since it was the Island’s first time to host such a significant event. The conference was very successful and attendees evaluated the conference with quotes like: “This was the best by far.” “Thank you”; “Very well organized by the Bermuda Team.” “Well done!!” The workshops were as usual the salient features and the highlights of the conference. Most interesting and thought provoking. And I am pleased to say the conference was also held within budget. 2. In addition, the department implemented a new “paperless” receipting system in April 2015 where digital receipts are sent within minutes of a transaction to the designated inboxes of companies and/or service providers. This system is environment friendly as it has enabled the Registry to significantly cut back on physical paper storage, printing costs and mailing and handling costs. 3. The department was also successful in continuing to improve on its efforts to streamline internal processes and speed to market. Whilst the perfor mance measures in the Budget Book refer to average proces sing times of between two and five days, (that is on page B -331) the vast majority of incorporation applications are turned around within a four -hour period on a routine basis. 4. The department is also instrumental in the preparation and presentation of data and statistics to the Ministry and the Department of Statistics. 5. The Government has continually expressed and sought to demonstrate its commitment to achie ving a high level of compliance with international standards. The Financial Action Task Force (or FA TF), an intergovernmental body established by the Ministers of its member jurisdictions, has established interna-tional standards on combating money laundering and the financing of terrorism and proliferation of weapons of mass destruction. Its standards require that one of the sectors that must be brought into scope is the Real Estate sector. The department has continued to provide technical input to the National Anti -Money Laundering Committee (or NAMLC) in the area of real estate and has been designated as the Competent Regulatory Authority under Bermuda’s anti- money laundering (or AML) legislation for the real estate i ndustry. The Superintendent of Real Estate and the National Anti -Money Laundering Committee continue to work on this important initiative which has national importance for Bermuda and which I will expand upon when providing Honourable members with an overview of the department’s plans for upcoming year. 6. The department also worked very closely with the Business Development Unit (BDU) to introduce and implement new legislation which allows for conversion of an exempted company to a partnership that is both limited and exempted as well as the conver-sion of an exempted partnership that is both limited and exempted to an exempted company. This legi slative change increases the options available to our corporate customers and maintains Bermuda’s competiveness with other jurisdictions. 7. The Registry also contributed to the Gover nment’s mandate to increase revenue. The department conducted a review of its existing fee structure and was able to increase the administrative fees for next fiscal year by 5 per cent by recommending a modest increase in existing fees which will take effect April 1, 2016. It is also worth noting that company annual fees were not increased to ensure that Bermuda continued to remain competitive as an offshore financial centre. 8. In order to address existing gaps in Bermuda’s anti -money laundering legislation, and in light 1616 21 March 2016 Official Hansard Report
Bermuda House of Assembly of the 2012 revision to the Financial Action Task Force’s (FAT F) 40 Recommendations, the Companies Act 1981 has been amended to require Bermuda registered companies to file with the Registrar of Compa-nies a current listing of the directors of the company. The new provision comes into force on April 1, 2016 and specifies the particulars required to be filed and places an obligation on the company to keep the list of directors up to date and imposes an obligation on the Registrar to maintain a publicly available register of directors.
I would like now, Madam Chairman, to turn to some plans for the coming year, that is, the 2016/17 Fiscal Year. The department will continue to work with Bermuda’s International Business industry, the Ber-muda Monetary Authority (the BMA), and with Ministry Headquarters to improve its business processes and implement various projects, which are as follows: 1. Beyond compliance with international standards, our fight against money laundering and terrorist financing translates equally to protecting the reput ation and the economy of Bermuda. A revi ew will be ongoing on the proposed changes to the Anti -Money Laundering and Anti -Terrorist Financing (or AML/ATF) regime to establish an appropriate AML/ATF fram ework for the real estate sector. The proposals con-template updating the relevant AML/ATF and r eal e state agency legislation to integrate the Superintendent of Real Estate into the AML/ATF framework by desi gnating the Superintendent as a “competent authority” under the Proceeds of Crime Act 1997 and by includ-ing the Superintendent as a supervisory authority for the real estate sector. This will entail an expansion of the Superintendent’s remit to include monitoring and enforcing compliance by local real estate practitioners with established AML/ATF requirements. The working group, in which the Superintendent and his team are a part of, will continue to work closely with represent atives from the Real Estate Division of the Chamber of Commerce, which represents a significant number of real estate firms in Bermuda, as well as with all other firms that may not be members of the Chamber. The proposals are expected to be advanced for review and approval before the end of this calendar year. 2. The department will continue to further streamline its processes to be able to work in conjunc-tion with the Economic Development Committee (EDC), Business Development Unit (BDU) and the Business Development Agency (BDA) as exped itiously as possible, particularly on projects of national economic importance. 3. The department will endeavour to identify new sources of revenue by reviewing its service and fee structure. It will also embark on “continuous improv ement” projects where internal processes could be fur-ther enhanced to achieve savings. For the next fiscal year, the department is looking to work on the follo wing projects: a. The department has committed to a com-plete upgrade of its IT systems in order to improve the quality of its statistical repor ting, reduce the risk of business disrup-tions from cyberthreats, improve the ease of access by customers to information on the company register, and to enhance the availability of online features for Ber-muda’s corporate service providers and the general public. b. With the assistance of the E- Government Department and the Department of Co mmunication and Information, the depar tment has been selected as an early adopter to the proposed new Government Portal Project and is one of the depar tments participating in the pilot pr ogramme. The project will include upgrad-ing and updating the department’s online presence on the new government portal to make it more appealing to customers whilst providing more information on fr equently asked topics, and making relevant application forms and documents conven-iently accessible. c. Through the asset clawback provision under section 262 of the Companies Act 1981, the department is considering an engagement, on a straight commission basis, with an expert firm that specialises in investigating and recouping assets that formerly belong to struck -off and di ssolved companies. Such recouped assets would be liquidated and deposited in the Consolidated Fund. 4. The department will continue to work closely with the Real Estate Division of the Chamber of Commerce and with the Bermuda College to monitor the quality of the real estate examinations.
Madam Chairman, in conclusion for this particular Head, I would like to extend my appreciation for the work undertaken by the Registrar of Companies, Mr. Stephen Lowe and his team, particularly, Ms. Maria Boodram, the Assistant Registrar, and Ms. Gladwina O’Mara, the Acting Assistant Official R eceiver, as well as other members of the staff in the Registrar of Companies. Thank you Madam Chairman, this concludes my remarks on the Registrar of Companies.
The ChairmanChairmanI will just take this moment to say that we have about one hour and 45 minutes. Dr. the Hon. E. Grant Gibbons: Okay. Thank you. Bermuda House of Assembly HEAD 46 —DEPARTMENT OF TELECOMMUNIC ATIONS Dr. the Hon. E. Grant Gibbons: I would like to move now to Head …
I will just take this moment to say that we have about one hour and 45 minutes.
Dr. the Hon. E. Grant Gibbons: Okay. Thank you.
Bermuda House of Assembly HEAD 46 —DEPARTMENT OF TELECOMMUNIC ATIONS
Dr. the Hon. E. Grant Gibbons: I would like to move now to Head 46, which is the Department of Telecommunications. That can be found on pages B- 332 through B -334 and C -7 of the Budget Book. Madam Chairman, the mission of the Depar tment of Telecommunications is to enable an innov ative and sustainable telecommunications industry for Bermuda by formulating sound policy. The objectives of the department, which can be found on page B -332, to support its mission are as follows: • To protect the public interest; • To provide technical support to the Broadcas ting and Telecommunications Commissions; • To develop policies which promote the intr oduction of new telecommunication services; • To develop Bermuda’s assigned satellite slots; and • To effect the migration of the responsibilities of the Broadcasting Commission to the Reg ulatory Authority.
The budget estimate for the Department of Telecommunications, which is on page B -332, for 2016/17, is $1,033,000. This is a reduction of $50,000, or 5 per cent, from the previous year of $1,083,000. There is also Capital Funding of $175,000 which is dedicated (that is on page C -7) to Bermuda’s Satellite Orbital Slots. Madam Chairman, the Department of Telecommunications has been allocated, as I said, $1,033,000 for the next fiscal year. This amount is reflected across three cost centres: Administration, Technical Services, and Other Services, which I will expand upon as I progress through this brief. The de-partment’s allocation for the next year is a decrease of $50,000, or a 5 per cent reduction over the financial year 2015/16 allocation. This decrease is primarily due to the department’s move into the Government Administrati on Building and therefore is no longer r equired to pay rent to the private sector. Madam Chairman, the department is responsible for providing policy advice to the Minister on all telecommunications -related matters. The department also works very closely w ith the Regulatory Authority (RA) to establish policies and develop legislation that enables the efficient regulation of the telecommunic ations sector in Bermuda. As an independent Regul ator, prescribed by the Regulatory Authority Act 2011 (RAA), the RA is solely responsible for the regulation and supervision of the telecommunications industry, but must be guided by the Minister’s policies with r egard to its work plan, priorities and budget. The RA is led by a board of Commissioners and the current Chair is Ms. Angela Berry. Madam Chairman, the department’s work with the RA during the current fiscal year included a wide range of policy and practical issues. They include the completion and sign- off of the World on Wireless (WOW) Spectrum Migration; the continuing collection and verification of the payment of all licence fees by public telecommunications service providers; Ce llOne’s litigation against the Minister and the RA r egarding the Spectrum Policy and the allocation and assignment of spectrum in Bermuda; and Bermuda CableVision and Logic Communications Ltd. merger, as well as other merger applications. Madam Chairman, the Regulatory Authority has been empowered to make Administrative Deter-minations in order to carry out their regulatory respon-sibilities. Included in these are General Determinations which are Statutory Instruments and, therefore, have legislative effect. During the current year the A uthority has issued four Administrative Determinations and they are: 1. World on Wireless 700 MHz Spectrum Migr ation Proposal Final Decision and Order. In this case the Authority approved the Migration Proposal submi tted by WOW, wherein WOW agreed to surrender its 700 MHz band frequencies (or Channels 52 to 69) so that they may be reallocated and reassigned for m obile communications, in other words, to cell providers. 2. The Authority provided a Final Decision on Bermuda Telephone Company [BTC]/Digicel merger. Digicel sought the Authority’s approval on transactions involving Barrie Holdings Limited, Bermuda Telephone Company Limited, Telecommunications (Ber-muda and West Indies) Limited, and Digicel Group Limited as required by section 87(3) of the Regulatory Authority Act; 3. The Authority provided a DMTV Change in Control Decision. And that is Digital Mobile Television Limited and Trina Investments Limited sought the A uthority’s approval on a transaction concerning a change of control as required by section 87(3) of the Regulatory Authority Act; and 4. The RA provided a determination on the Bermuda Email Mobility Preliminary Report Decision and Order. This was a proposal to “facilitate subscribers switching” between Internet Service Providers (ISPs) “by ensuring that Email services do not act as a bar-rier to switching.” More specifically, the Authority pr oposed that ISPs be required to provide “temporary, free-of-charge Email forwarding services” to subscribers that choose to move their service from one ISP to another.
Madam Chairman, in addition to any requests or directions that the Minister may issue, the Regula-tory Authority’s work plan will focus on the following areas during the coming year: • They will monitor compliance with conditions imposed on Digicel after its acquisition of BTC; 1618 21 March 2016 Official Hansard Report
Bermuda House of Assembly • They will review the state of over -the-top services [OTT] (for example, Netflix, WhatsApp, Skype, and others) in the Bermuda market and the impact of these services; • They will monitor the Assignment of High D emand Spectrum (HDS -2); • They will carry out a Quality of Service Investigation into Fixed Broadband/ISP Speeds; • They will look into confidentiality of consumer data; • They will review and consider the Public I nterest in allowing more Integrated Communi-cations Operating Licence (ICOL) holders to enter the market; and • They will review of the conditions in the ICOL licences that requires all ICOL holders to maintain in Bermuda all of the personnel, network facilities, and associated facilities and services relating to the provision of the Elec-tronic Communications Services that they are licensed to provide.
Madam Chairman, there is a need to st reamline and condense broadcasting- related pieces of le gislation, while ensuring that the resulting legislative framework caters for the ever -expanding range of broadcasting technologies and services. Madam Chairman, the broadcasting sector is governed by several different pieces of legislation i ncluding, but not limited to: • Cable Service Television Act 1987; • Television Broadcasting Service Regulations 1987; • Films (Control of Exhibition) Act 1959; • Broadcasting Commissioners Act 1953; • Telecommunications Radio (Stock) Regul ations 1987; • Sound Broadcasting Service Regulations 1994; and • various radio class regulations.
In addition to these, there are several other Acts that have relevance to the broadcasting sector, such as the Prohibited Publications Act 1963, and the Obscene Publications Act 1973. The main functions of the Broadcasting Commission are to rate unrated films shown in public, to make decisions on the suitability of broadcast content, ranging from movies to radio adverts, and to ad-dress complaints from the public on those matters noted above. Madam Chairman, the department is continuing the process of working with the RA to effect the second major phase of the Telecommunications Regulatory Reform Initiative that is the transition of the responsibili ty of regulating Broadcasting to the RA. The benefits to the broadcasting sector, once reg ulated by the Regulatory Authority, will be the availabil-ity of appropriate and robust regulation. As occurred in the telecommunications marketplace, the RA will conduct a review of the broadcasting sector to implement regulatory measures that will support a modern and lively local broadcasting industry. The RA will also be responsible for collecting the relevant Broadcasting licensing fees, further reducing the administrative burden to the Government, and thereby allowing the department to be more efficient in its policy development operations. The department will work with the Department of Environmental Protection to develop legislation that will create environmental protection zones for undersea communication and power transmission cables. This initiative did not progress as planned last year due to insufficient funding. Madam Chairman, I would now like to focus on the specifics of the budget allocation for the D epartment of Telecommunications. As noted on page B-332, the department is comprised of the three cost centres, they are: • Administration; • Technical Services; and • Other Services.
Cost Centre 56000 —Administration
Dr. the Hon. E. Grant Gibbons: Turning first to cost centre 56000, which is Administration, on page B -332, Madam Chairman, you can see there the estimate 2016/17 is $929,000. This is a $161,000, or 21 per cent increase from the previous year, which was $768,000. There are five full -time equivalent staff me mbers in this particular cost centre. The Administration cost centre is used primarily to fund the administrative expenses of the depar tment, which includes salaries, and other general office expenditures. The increase in this cost centre is largely due to the allocation of professional services to further the Broadcasting and Telecommunications reform. The department has offset a significant portion of this increase by the $150,000 savings in rental ex-pense as a result of relocating into the Government Administration Building in October 2015. Madam Chairman, there is also an allocation of $481,000 for professional services and that is on page B -333. This is budgeted for professional consultants as explained above to further the Broadcas ting and Telecommunication reform and to initiate the cable protection zone project. Overall, the department has reduced its expenses by 5 per cent from the pr evious fiscal year. While some of the roles that were previously undertaken by the department are now assumed by the Regulating Authority, the department retains r esponsibility for policy development, as well as suppor ting the Minister, the Telecommunications Commission and the Broadcasting Commission in regulating the
Bermuda House of Assembly broadcasting sector. Functions relating to broadcast regulation are still within the remit of the Broadcasting and Telecommunications Commissions, which i ncludes the granting of new licences. This involves public consultations and hearings prior to permissions and licences being granted. In effect, this year, there have been no new applications. Madam Chairman, the funded positions in the Administration section currently comprise one rece ptionist/clerk, one telecommunications officer, one ad-ministrative officer, one senior legal counsel, and the statutory position of one director. It is worth noting that there has not been a substantive director in this department in well over five years, due primarily to a v ariety of structural changes. These changes were the direct result of the creation of the Regulatory Authority and several ministerial portfolio realignments. During this time we have appreciated the support of a series of acting directors who have been seconded and have been doing double- duty while maintaining their other responsibilit ies. In October of 2014, Ms. Maxanne Anderson, the Senior Legal Counsel for the depar tment, took on the role as Acting Director and has been successfully fulfilling the obligations of both pos itions.
Cost Centre 56010 —Technical Services
Dr. the Hon. E. Grant Gibbons: Turning now to cost centre 56010 for Technical Services, the estimate for 2016/17 is $4,000 and that is down $11,000, or 73 per cent from the previous year. Madam Chairman, the budget for the Technical Services cost centre for the next fiscal year is $4,000, a decrease of $11,000. This decrease is due to the reduction in maintenance of the equipment and the Emergency Broadcasting Station on 100.1 FM which has been transferred to the Ministry of National Security. The current funding is for repair and maint enance of equipment and rental of audio visual equip-ment.
Cost Centre 56020 —Other Services
Dr. the Hon. E. Grant Gibbons: Moving to the next cost centre, which is Other Services, cost centre 56020, this shows an estimate of $100,000. The budget for this cost centre has been significantly d ecreased. The $100,000 in this year’s budget has been allocated for the follow -up costs for the World on Wir eless (WoW) Spectrum Migration. The revised increase of $470,000 for Fiscal Year 2015/16 was due to budget virements to the department to facilitate the reimbursement to WOW for their spectrum migration, which was completed during Fisc al Year 2015/16. The total cost to date of the WOW migration paid for by the Government is $800,838. Madam Chairman, Gov-ernment expects to recoup these expenses through the new high demand spectrum fees which are est imated to be $1,556,000 for the 2016/17 Fiscal Year. Madam Chairman, I would now wish to turn to the continued development of our Space and Satellite Industry, which is reflected on page C -7. The Depar tment of Telecommunications has been allocated $175,000 in capital funding for Fiscal Year 2016/17. Madam Chairman, with your indulgence, I would like to provide this Honourable House with some bac kground information. As this Honourable House will recall in 1983 the International Telecommunication Union (ITU) all ocated four satellite orbital slots to Bermuda. Three of these are for Broadcasting Satellite Services for d irect-to-home reception and the fourth is for comme rcial communications. Madam Chairman, Honourable Members will recall that Bermuda’s orbital slot at 96.2˚ WL was successfully brought into service by SES Satellites (Bermuda) Limited (SES) using an EchoStar Limited satellite (EchoStar VI) in July 2013. The Minister issued to SES three certificates: the cer-tificate of compliance; the certificate of competence to engage in coordination; and the certificate of coord ination in accordance with the Satellite Network Notif ication and Coordination Regulations 2007. In August 2013, SES, having met all of the prerequisites, was issued a full operating licence, authorising them to operate the BermudaSat -1 network at 96.2˚WL. SES continues to market BermudaSat -1 located at 96.2˚WL and has initiated discussions with several leading providers of satellite service applications. Subsequent to the issuing of a licence to SES Satellites (Bermuda) Limited, EchoStar Limited and SES Satellites (Bermuda) Limited formed a joint ve nture company called Satellite Ventures (Bermuda) Limited to which the satellite network operating l icence has been transferred. Potential markets for the joint initiative include commer cial, leisure, and government consumers. While the ongoing tests of a new generation of con-sumer antennae have shown positive results, no commercial agreements have been concluded, but SES continue to be optimistic about the commercial prospects of BermudaSat -1. Madam Chairman, according to a report pr epared for the Satellite Industry Association called “State of the Satellite Industry Report” in September 2015, the global satellite industry grew by 4 per cent in 2014, slightly outpacing both worldwide economic growth and US growth to reach a total of $203 billion in 2014. The satellite industry includes Consumer Services such as satellite television, radio and broad-band; Mobile Satellite Services, which include mobile data and mobile voice; Remote Sensing/Imaging Services; the use of managed network services; and a variety of commercial contracts. Madam Chairman, I should also add that an FCC moratorium remains, even though actions have been filed by a number of satellite companies to lift 1620 21 March 2016 Official Hansard Report
Bermuda House of Assembly this 10- year-old moratorium on granting access to foreign licensed satellite networks. Lifting this morat orium would allow Satellite Ventures (Bermuda) Limited [SVBL] to fulfil the long- desired goal of Bermuda’s satellite network (BermudaSat -1) to provide services to the high valued US market. Madam Chairman, some would say that the global satellite industry was recession- proof; but r egardless of the accuracy of that assertion, it is clear that the revenues generated by the satellite industry are worthy of our attention. The Department of Tel ecommunications will continue to engage the global satellite industry to enhance and develop services that will attract these companies to our shores. The department will work with the Ministry’s Business Deve lopment Unit (BDU), as well as the BDA, other organi-sations and local service providers in support of these initiatives. Examples of these services include: • improvements to the satellite network filing regime in accordance with the Satellite Network Notification and Coordination Regul ations 2007; • the marketing of Bermuda’s additional satellite orbital slots; • the development of a Satellite Tracking Licensing regime to support the periodic use of Bermuda as an ideal location to track satellite launches from the western hemisphere; • the in vestigation into the viability of using Bermuda’s high- capacity transatlantic fibre optic communication links to compliment var ious satellite services; and • the promotion and marketing of Bermuda’s I nsurance and Risk Mitigation services to the global satell ite industry.
Madam Chairman, the Bermuda Government, together with the RA, has developed a protocol that authorises various entities to establish and operate portable facilities to perform satellite tracking and r eceive telemetry data for their launch vehicles, or other projects as may be agreed. Presently, ESA (European Space Agency), NASA (National Aeronautic Space Administration) and SpaceX group have tracking and telemetry facilities on- Island. Another company, called Spire Global, has requested the use of Bermuda facilities in order to collect data, such as the Automatic Identification Sy stem (AIS) service, which is used for tracking ships, and collecting weather data that measure temper ature, pressure and precipitation gathered from a net-work of satellites. AIS data is used to monitor illegal fishing activities, trade monitoring, maritime domain awareness, insurance, asset tracking, search and rescue, and piracy. The purpose of the proposed Earth Station in Bermuda is to track and monitor sate llites a nd shipping assets. These facilities are located at Cooper’s Island (site of the ex NASA station) and at the old Cable and Wireless (C&W) facility in Devo n-shire (now LinkBermuda). Bermuda is once again proving to be an ideal location to track and collect data from satellite networks. Madam Chairman, the $175,000 that has been allocated to the Department of Telecommunic ations will be used to continue to fund these global sa tellite industry initiatives as part of the department’s role in participating in the Ministry’s efforts “to promote and strengthen economic development on the Island.” The satellite industry is a growing enterprise within the telecommunications industry which is rapidly becom-ing more and more integrated with currently en-trenched terrestrial communications’ facilities. This means that satellite space telecommunication has become a critical component of any advanced tele-communications network today. This allocation of $175,000 will be used to cover the cost of specialist satellite consultants, marketing, ancillary costs and to continue developing Bermuda’s satellite industry. I turn now to Revenues on page B -333. The estimate, as you can see there Madam Chairman, the projected revenue for the department for the next fi scal year is $13,466,000, which represents an increase of $891,000, or 7 per cent, over the previous year. This revenue is primarily composed of fees for Int egrated Communications Operating Licences (ICOL), Cellular Handset Licences, the new Radio Spectrum Licences, and licences for various other commercial and private radios. Madam Chairman, the total ICOL fees for the next fiscal year will be set at 4.25 per cent of relevant turnover as reported from the licence holders, which represents a 0.50 per cent increase from the previous year. The ICOL fees is composed of two parts; of this, the RA will retain 1.75 per cent, which is an increase of 0.25 per cent from the previous year for their operating expenses and transfer the remaining 2.5 per cent to the Government (an increase of 0.25 per cent from the previous year). This Government portion of the ICOL fee will generate approximately $4,600,000 of the total projected revenue of $11,810,000, shown under code 8431, General Fees, on page B -333. The balance will be generated from the Cellular Handset fees which will increase to $9.50 per handset per month; projected at $6,800,000; and Radio Communi-cation licences budgeted at $410,000. The Electronic Communications Act provides for the establishment of Government Authorisation Fees for spectrum licences. On the recommendation of the Regulatory Authority and after consultations with the affected service providers, an incentive pri cing scheme was recently introduced for those bands of the radio spectrum that are considered to be in high demand. This scheme is consistent with the economic and technical efficiency objective as outlined in the Electronic Communications Act, and adheres to the pricing guidelines and will result in estimated revenue of $1,556,000, as reflected under code 8434, Carrier Fees.
Bermuda House of Assembly Madam Chairman, a conservative estimate of $100,000 has been budgeted for the profits due from the Regulatory Authority to Government in keeping with the Regulatory Authority Act 2011. Madam Chairman, I would like to conclude my comments for the Department of Telecommunications by indicating that even with an extensive mandate and limited resources, they continue to strive to provide a high level of service. The level of commitment from the Telecommunications staff cannot be achieved without many long hours and very often without add itional compensation. In this regard, I would like to thank the staff and in particular the Acting Director, Ms. Maxanne Anderson, who has taken on these duties, while maintaining her role as Senior Legal Coun-sel with in the department. Thank you, Madam Chairman. This concludes my remarks on the Department of Telecommunic ations. I would like to move now to Head . . . how much time have we got remaining?
The ChairmanChairmanYou have about an hour and 15 mi nutes. Dr. the Hon. E. Grant Gibbons: Okay. I will move right along. HEAD 89 —DEPARTMENT OF ENERGY Dr. the Hon. E. Grant Gibbons: The current account estimates for Head 89, which is the Department of Energy of the Ministry of Economic …
You have about an hour and 15 mi nutes. Dr. the Hon. E. Grant Gibbons: Okay. I will move right along.
HEAD 89 —DEPARTMENT OF ENERGY
Dr. the Hon. E. Grant Gibbons: The current account estimates for Head 89, which is the Department of Energy of the Ministry of Economic development, are found on pages B- 339 through B -341 of the Budget Book. The Department of Energy has been allocated a total of $943,000, which is a decrease of $45,000 from the previous year. The mission statement of the Department of Energy is to “develop energy policy and legislation which enables a secure energy future for Bermuda.” Madam Chairman, this short statement by no means reflects the significance and scope of the responsibil ities of the department. Honourable Members will recall “The National Electricity Sector Policy of Bermuda” t hat was tabled and debated in this House in June of 2015 and the specific objectives contained in that policy document. These objectives were and are: • The provision of high quality electricity ser-vices at the least cost, which satisfies cu stomer expectations with respect to reliability and value without compromising safety stan-dards; • It also includes the migration to electricity services that are environmentally sustainable and do not harm Bermuda’s environment or the global environment; • They include the pr ovision of secure electricity services that are provided using a mix of en-ergy options that are procured from reliable sources; that will, as much as practically pos-sible, protect Bermuda from price and supply volatility; and • The provision of affordable electricity services so that all residents are at least able to pay for the basic supply of electricity, while still pr eserving the competitiveness of the sector.
Madam Chairman, it will be the responsibility of the Department of Energy to facilitate the ac hievement of these policy objectives by researching and recommending policy and legislative measures that will guide the implementation of Bermuda’s national energy policy. The Objectives . . . let’s see, in order to e nsure that the activities of the Department of Energy are aligned with their mission, the specific objectives that they have been assigned for the next fiscal year are as follows: • To develop electricity policy, legislation and regulations to help improve its provision, pr ocurement and use; • To develop fuels policy, legislation and regul ation to help improve the provision, procur ement, and use of fuels; • To facilitate investment in energy technologies for the Bermuda energy sector; • To continue to educate the public on energy matters; • To provide technical support to the Energy Commission and support to the Regulatory Authority in transitioning electricity regulation from the Energy Commission to the RA; and • To develop and support initiatives within the Public Service that enable Government to lead by example and help reduce operating costs.
The department will meet these objectives by: • Developing additional legislation, when necessary, to assist the Regulatory Authority in establishing processes and procedures rela ting to their regulation of the electricity sector; • Creating policies for the use of new fuel tec hnologies in Bermuda, and introducing a regu-latory framework for the fuels sector; • Partnering with the Ministry of Public Works to issue a Request for Proposal (RFP) for a uti lity scale solar photovoltaic (PV) system on the finger at the L. F. Wade International Airport; • Promoting public awareness about the new Electricity Act and the regulation of the electricity sector; and 1622 21 March 2016 Official Hansard Report
Bermuda House of Assembly • Collaborating with government agencies, NGOs, and the public schools to promote energy conservation and efficiency.
The budget data are on page B -329 and, as mentioned earlier, show that the budget estimate for the year $943,000, which is a 5 per cent, or $45,000 decrease from the previous year of $988,000. There are three full -time equivalent staff in the department. I think it is worth saying, Madam Chairman, that 90 per cent of the allocation of the $943,000 is represented by two line- items: Salaries and Professional Services. Salaries have been estimated at $360,000 and the expenditure for Professional Services has been projected to be $493,000 for the upcoming year. With respect to Salaries, this particular line item provides for three full -time equivalents . . . and I am actually looking at page B- 340 now, the three f ulltime equivalents include: a Director, which is Ms. Jeane Nikolai; one Energy Policy Analyst, and one Research and Development Officer. This expenditure represents a 1 per cent increase over the previous year’s allocation, due to one employee moving to the top of his pay grade and receiving a slight increase. Madam Chairman, the funds allocated for Pr ofessional Services or the fees payable to external consultants for the next financial year are $111,000, or 29 per cent more than last year’s estimate. This increase is attributable to the ongoing external exper-tise that is required to implement various aspects of the electricity regulatory reform initiative and other new energy related initiatives, such as the utility scale solar photovoltaic (PV) system at the airport. Madam Chairman, the other expense line items that will contribute to the department’s year - over-year reduction in expenditure estimates are Training, Rentals and Other Expenses. The Training budget was reduced due to the increased availabilit y of online tutorials and webinars, as well as the continued expansion of in- house courses produced by the Department of Human Resources. The Rental budget was reduced because of the department’s relocation into Government -owned premises; leaving a small amount to cover for the cost of public consultations and hosted seminars. Finally, funding for the Other Expenses line item is not required for the next finan-cial year. This item was used to cover the costs of the solar rebate programmes, which were ended i n 2014 with the final payments made during the previous f inancial year. Madam Chairman, electricity is currently regulated by the Energy Commission with administrative and technical support from the Department of Energy. The current members of the Commission are: • Mr. Michael Leverock, Chairman; • Ms. Angela Berry; • Ms. Leslie Rans; • Mr. Colin Smith; • Mr. Kent Stewart.
And because of the shift over to the Regul atory Authority, I think it would be appropriate at this point to thank them for their work over the last three years for their responsibilities and for the many hours they put in looking at things like rate increases. Madam Chairman, during the previous year, the Department of Energy focused on reforming the regulatory regime for the electricity sector. The mile-stones that they were instrumental in either achieving or supporting were: • The publication of the National Electricity Sector Policy in June, 2015; • The tabling of the consultation draft of the Electricity Bill in July of 2015; • The tabling of the final Electricity Bill in D ecember of 2015; and • The debate and passage of the Electricity Act 2016 in February of this year.
The department held four consultation wor kshops to gather the necessary stakeholder feedback required to draft the Electricity Pol icy—a policy that provided the sector with future aspirational targets for electricity generation and also specified a framework for how the electric utility would interact with ind ependent power producers. The Policy also defined the roles of the Regulatory Authority, the Minister, and the sectorial participants. The Electricity Act 2016, which was based on that Policy, involved feedback from i ndustry participants and the public via workshops that were held in August and October of 2015. The work to implement this new regime has only just begun and the department, working with the Regulatory Authority, will develop additional policies and subsidiary legislation to support these efforts. I would like to comment for a few minutes on Major Projects and Initiatives. Madam Chairman, I previously stated that the Department of Energy had been allocated an increase in funding for Professional Services and that this i ncrease was required to support the ongoing transition of electricity regulation to the Regulatory A uthority and the initiation of other energy -related projects. Madam Chairman, the specific projects that the Department of Energy will focus on during the u pcoming financial year are: • The development of electricity -related regul ations, licences and related policies to support the Regulatory Authority as they assume r esponsibility for the electricity sector; • The provision of technical support to the Mi nistry of Public Works for the procurement and development of a utility scale solar PV facility; and • The development of policies and legislation governing the fuels sector in Bermuda.
Bermuda House of Assembly Madam Chairman, it is a recognised fact that solar photovoltaic (PV) systems offer an excellent opportunity for producing clean inexpensive energy. The challenges that these systems have faced were the high cost of the technology and the intermittency with which they produce electricity (in other words the sun does not shine day and night). With the recent i ncrease in global demand and the corresponding i ncrease in the production and volume of solar phot ovoltaic systems, the cost has steadily declined and the efficiency of the technology has improved. It is ther efore the Government’s intent to take advantage of this opportunity by considering the development of a utility scale solar photovoltaic facility. The potential benefits to the public are clear. A large scale solar photovoltaic development would reduce the amount of fossil fuel used for generating electricity to meet peak demand, it would create an opportunity for new market participants in the electricity sector, it would create new jobs during construction and operation of the facility, and it would serve as a highly visible symbol of Bermuda’s commitment to a modern and environmentally responsible energy f uture. In addition, we believe a large scale PV facility will help and reduce the cost of peak load power to the consumer. Madam Chairman, the work has already b egun. The Department of Energy provided assistance to the Ministry of Public Works to engage technical consultants to assist with the development of a substantive RFP that would solicit proposals for the de-velopment of a utility scale solar photovoltaic facility on the finger at the L. F. Wade International Airport. It is anticipated that this RFP will be published during the second quarter of the Fiscal Year 2016/17. Madam Chairman, the solar photovoltaic i nstallation will not only create construction jobs but also provide the lasting benefit of contributing positively to Bermuda’s energy mix by offsetting as much as 25 per cent of peak electricity demand. It is the d epartment’s intention to continue to support the Ministry of Public Works by assisting with the selection process and the negotiations after the project is awarded. Madam Chairman, any shift to new fuels or technologies will involve substantial infrastructure i nvestment and development, and will require new pol icies and legislation to support their implementation. New fuels, such as Liquefied Natural Gas (LNG), will provide an opportunity to effect change in other sectors, such as transportation. The potential of being able to power Bermuda’s public transportation system with cleaner, cheaper fuels is much more feasible if considered in conjunction with the electricity sector. Notwithstanding the LNG study that was t abled today, it is important to create a regulatory framework that creates transparent opportunities for new and credible participants. Madam Chairman, the Department of Energy will also continue to provide education and outreach to the public. In order to make best use of limited fun ding, the department has developed a partnership with Greenrock to assist them in the delivery of the energy - related aspects of their Eco- Schools programme. The department will continue to build on that collaborative relationship throughout the fiscal year, so that duplic ation of efforts is avoided and resources are used most effectively. In partnership with other energy industry participants, the department will also host a second Energy Summit during the early part of the next fiscal year. A segment of that Summit will be used to intr oduce the department’s fuel sector reform initiative and provide stakeholders with the opportunity to comment and provide feedback. The department will also continue to seek opportunities to provide accurate and timely information on energy matters, in part through the new Government portal, which is currently under development. Finally, Madam Chairman, I would like to thank the Director of the Department of Energy, Ms. Jeane Nikolai, for her and her colleagues’ assistance over the past year. I think it is fair to say that it has been very busy and very productive. Madam Chairman, this concludes my presentation of the Estimates of Revenue and Expenditure for the Department of Energy for Fiscal Year 2016/17. I welcome contributions from other Members. Thank you.
The ChairmanChairmanThank you, Minister. Would anyone else like to speak? The Chair recognises the Shadow Minister of Economic Development, from constituency 33, Mr. J. S. Simmons. Please proceed.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. When last I took my feet during the budget, I called for the resignation of the Minister, and, oh, what a difference a week makes. But I will not do that t oday. So, Honourable Minister, you are safe today. But what I would like …
Thank you, Madam Chai rman. When last I took my feet during the budget, I called for the resignation of the Minister, and, oh, what a difference a week makes. But I will not do that t oday. So, Honourable Minister, you are safe today. But what I would like to talk about as we go into the Heads relating to this Ministry, particularly the mission, To facilitate economic growth and the creation of jobs . . . and creating an environment that is conducive to sustain the businesses already in Ber-muda and to making our island attractive so that new businesses can come and make Bermuda their home . . . Madam Chairman, what we have been calling for out of this Minister and the Ministry for a number of years is an Economic Development Plan. Many of our competitors have it, many countries and states in the United States, for example, have found great benefits to producing such plans. Now, before I go a little bit more into that, I must stress that the Bermuda Progressive Labour Party recognises the importance of international bus iness to our economy. It is the premier pillar of our 1624 21 March 2016 Official Hansard Report
Bermuda House of Assembly economy. With tourism not being where it should be, this is an industry that we must protect. We must do all we can to maintain our regulatory lead on, and con-tinue to be nimble and able to provide an environment that not only encourages businesses to stay, but also will draw new businesses in. But —
The ChairmanChairmanExcuse me, can you just tell me what line item you’re speaking to?
Mr. Jamahl S. SimmonsI am speaking to the Hea dquarters of the Ministry of Economic Development, which is (hold on one second) . . . Head 95 and the mission of the Ministry of Economic Development Headquarters, as I stated in my first sentence, Madam Chairman. Now as I was sayi ng, the …
I am speaking to the Hea dquarters of the Ministry of Economic Development, which is (hold on one second) . . . Head 95 and the mission of the Ministry of Economic Development Headquarters, as I stated in my first sentence, Madam Chairman. Now as I was sayi ng, the Progressive Labour Party continues to support international business and support tourism as well. But the question we continue to ask, dealing with the mission of this Ministry, is where will the jobs come from? Now, the emphasis has been on attracting new business and on interna-tional business I think the recognition has to come that this is a maturing industry. This is an industry that is not what it was years ago and is not likely to create . . . we are not likely to see the influx of the Class 4 physical presence reinsurers to Bermuda. And the reason why? The model has changed. Alternative capital and natural efficiencies of the mature market, combined with cost -cutting drivers that are demanded by shareholders, mean that the large influx of capi tal will not automatically translate into jobs, particularly jobs for Bermudians. So we have to recognise that. We further need to recognise that international businesses are consolidating. You are seeing companies merging, we are seeing jobs being lost and jobs being combined. So we are not seeing . . . again, we are seeing contraction in that area. So we have to really begin to look very seriously at economic diversification. The rating agencies have warned us that diversification is needed. It is a priority; it will a ffect our ratings going forward if we do not move on that. But Madam Chairman, an Economic Development Plan is what is needed. And we need to begin to look at areas such as . . . and, again, I am speaking to the Headquarters the Ministry of Economic Development Headquarters, Head 95. What is our vision for Bermuda in terms of our economy? What are our goals? And what are our objectives? Now this Ministry is, perhaps, the most important Ministry in Government. The reason why is be-cause this is the engine that draws in business, keeps businesses. But also if we take it to its natural conclusion, it is also the Ministry that should be liaising very strongly with Workforce Development, identifying the new industries that we should be directing Bermudi-ans to, working and consulting with the other mini stries to look at how we can take our people and pr e-pare them for the economy of today as well as the economy of tomorrow. So if you look at something, with your indu lgence, Madam Chairman, the State of Florida has a strategic plan for economic development. This is just one. It could have been anyone. It could have been Singapore, it could have been anywhere. But these are some of the things that I would encourage the Ministry to look at in the Headquarters. We look at things such as talent supply and education; innovation and economic development; infrastructure and growth leadership; civic and governance systems; and the (as my vision continues to fail me in my old age) quality of life. Now, the quality of life aspect, I am just going to divert that for a second because one of my colleagues has called repeatedly for this Ministry, and the Headquarters in particular, to engage in a quality of life survey. And what we have seen around the world is the use of data to be able to really address the quality of the life of the people who live there so we can get target programmes that will address spe-cific concerns —not what we think they are, but what they actually are. Now, the quality of life agenda is something that has become big. It was big under President Cli nton and it is big under the new Democrats in the United States. And they began to talk about things beyond your income and your ability to live in a coun-try, but also family time; your ability to have the support, to train, upgrade your skills; the ability to maybe work a second job to provide things, but have the support network. And these are things that we have to begin broadening our mindset in terms of what this Ministry is capable of because that is where the world is going. But the key factor, getting back to it, is ec onomic diversification. There was very little mention of efforts to diversify our economy. And with the focus primarily —primarily, not exclusively —on international business and tourism, we keep asking the question, where will the new jobs come from? Now, we have seen over 2,000 jobs lost since 2013 and the jobs on the horizon that we have seen have been construction jobs (which may be short - term), but the good- paying, quality long- term jobs, where will they be coming from? And that is the question we need to be asking. Madam Chairman, we have been flogged, laughed at, chastised for some of our suggestions about economic diversification, but there is one aspect that would do a phenomenal job if we incorporated it into the Ministry of Economic Development Headquarters, and that is an Economic Diversification Unit. Now we have heard mention of the Business Development Unit, this would go beyond that. We are looking at people with a pr oven track record of diversifying economies. And looking at things, the range of options available to Bermuda, we cannot be myopic and li mBermuda House of Assembly ited in what we think we can do because as techno logy advances, as knowledge advances, as innov ations occur, there are opportunities for Bermuda to once again take the lead on many, many, many initiatives. One example is aquaculture. We talked about the Blue Economy in many of our Budget Replies. Aquaculture can solve two issues for Bermuda. It can create another part of our economy to do foreign ex-change. If we do it correctly, we can produce enough fish not only to feed ourselves, giving us a better measure of food security, but also provide fish for ex-port, creating a new industry heretofore unknown in Bermuda, at least not in modern memory. It is sustainable as one of the fastest growing food production resources. It is one of the fastest growing food pr oduction sources in the world right now. There are people looking now into these i ndustries. Fish farmers are looking for opportunities to invest. This would mean looking into the regulations that would need to be put in place to be able to set -up this industry. It would require some work and some leg work to try and draw some of this business in, but the market is there. And this is something that, as I said, can produce two benefits: food security, export and foreign exchange—exportation and jobs. That is the other aspect as well. There are those who would raise issues about environmental concerns. That is where the regu lations come in. That is where we build an industry that is fit for purpose for Bermuda, that meets our needs, pr otects our environment, and gets the jobs that people are looking for. Madam Chairman, 70 per cent of the fish we eat is imported farm fish. So by switching that d ynamic we now have our own economy, we would have to reduce our need to import, keeping more money on our shores. It also does not have the detr imental effects on the local fishing industry because their 30 per cent that they provide is still protected, we can still protect that. Another aspect we should be looking at when we talk about diversifying our economy is vertical farming. And I have to commend both sides of the aisle for this. Our Leader has talked about going into farming and the Premier has talked about going into farming and I think that both got abuse for raising that issue. But the question we have had is can we pr oduce enough to feed ourselves? Can we produce enough to drive down some of the local food costs? Can we produce enough to export? With the innov ations in vertical farming, this is an area that we should seriously be considering as part of diversifying our product. Again, food security. Again, an ability to export a product from our shores and get some foreign exch ange going. Because of our lack of space it is a natural fit, us growing up instead of growing out. It requires less water, less soil, it is something that with the innovations going forward we have to be looking at. The other initiative (and this is something that has been in Luxembourg) is a free port. And with your permission, Madam Chairman, I will just read [the definition of] this, “A port or an area of a port in which imported goods can be held or processed free of custom duties before re- export .” This is now one of the fastest growing economies for the mega- rich. It is huge, and many countries are now looking into it. It has come across, particularly because of the financial crisis, because there are things that maintain value —collectibles, rare coins, stamps, art, that they enjoy having for their value and are able to place in places like Luxembourg without having to deal with the fees of moving them around, so they can hold them. Actually, when you look at things like the America’s Cup Village, we have to begin thinking, What will we be doing with this facility once the America’s Cup is over? And even if we get it the following time around, we still have to be looking ahead, what will we be doing with these facilities that are sitting there? That is a place that could be considered for a free port area. The past free port areas were these drab warehouses, but now you are seeing places that are a little bit more upscale, a little bit more refined. They are becoming places to be seen by the mega-wealthy. And this is something that . . . we have the space. We can really investigate and look into doing as well. Madam Chairman, tech alleys are another form of diversification that should be examined under the Ministry of Economic Development Headquarters. We have companies such as Google and Amazon that have hundreds of employees from India and Pakistan who, for various reasons, sometimes are not able to come to the United States. They are not crim inals; nothing like that. But they have issues with their visas and things of that nature. There is a potential to build in our economy a place for them to do this work. So you are adding more bodies to our shores. You are adding people who will be renting apartments, who will be spending money in our grocery stores. But they are serving a very specific purpose that can also lead to the facilitation of training and development of this industry for Bermudians to participate in. These are some of the aspects that we can look at. Coding, expanding into greater coding. The restrictions on certain aspects of coding in the United States that we (due to the newness of it) simply do not have the restrictions, which allows a wider brand, a wider range of participation, which is something we should examine. Bandwidth, we can even use our massive bandwidth to market to telecoms for research and development. Tying into the America’s Cup, which goes to another one of the Heads, Madam Chairman, the 1626 21 March 2016 Official Hansard Report
Bermuda House of Assembly superyacht industry, if I remember the number the Minister said, we anticipate over 80 superyachts coming during the America’s Cup. At present, Bermuda is not viewed as the spot for superyachting. The facilities are not adequate. We are viewed primarily as an emergency stop. But this superyacht industry is a huge opportunity, and particularly, drawing the attention of the America’s Cup, putting the spotlight on the world. That number, the 80- plus that the Minister cited, is larger than the amount that New Zealand was looking at during the same period. Now, New Zealand when they went to the superyacht industry, they estimated that each one contributed a million dollars to their economy as a combination of expenditure on tourism by the owners and crew, berthage, marine services, et cetera. This is something that, again, diversifying the economy, enhancing our product, creating new ways to get money in . . . opportunities in. And, Madam Chairman, online gaming, we have talked about this for some time and, again, this has been ridiculed. But we firmly believe on this side that Bermuda . . . we have to capture into that mindset that Bermuda had in the past of innovation. When people thought about something like selling Easter Lilies a hundred- plus years ago, we did it. When buil ding sloops, we did it. So now this innovative mindset, at this stage we should not be laughing at anything that can potentially bring money to our shores. So let us look at online gaming, Madam Chairman. We have Gibraltar, Guernsey, Isle of Man, they are doing it, creating jobs. The Government is collecting revenue from it and you are seeing the benefits —a $35 billion worldwide industry. Gibraltar collected $80 million in tax revenue. Even if we had an industry a fraction of that, you are looking at money, you are looking at jobs, you are looking at foreign exchange. These are things that we have to be purs uing. We have to. My Shadow Finance Minister has spoken about FinTech, again, another aspect. But as we look at the Ministry of Economic Development Headquarters, and particularly I am going to move to the small business development. Part of the One Bermuda All iance’s platform was a pledge to support small bus inesses. And I may quote, Madam Chairman, “Support small businesses by directing 20% of all government goods and services [spending], about $80 million a year—to them.” [ The Change Bermuda Needs ] And I would have hoped that during the brief there would have been some mention of this process of diverting government funds towards smaller bus iness. Now, I remember that in a previous incarnation the One Bermuda Alliance had talked about an Economic Empowerment Unit which would be specif ically tasked with probably taking the role of what SAGE did, going through government, finding aspects of government that can be farmed out, aspects that could be contracted out. But in this economy with so many job losses, many Bermudians are being forced to turn to entrepreneurship. And what we would like to see as a part of the Economic Development Plan is a look towards creating a red carpet treatment for small business, for new entr epreneurs. What would that look like? It would be looking at and reviewing with the Ministry of Finance the taxes that new businesses face, the things that impede hi ring of staff, the things that slow down the process, it would be looking at the policies, the paperwork, the regulations, every aspect, to give that person who has that $11,000 or $12,000 in their pocket (from their r edundancy) who has a business idea, a solid plan . . . they can get moving as quickly as possible, respons ibly, as quickly as possible. But a couple of the ideas that we can look at for expanding entrepreneurship are larger guarantee amounts from BEDC to support business loans as the legislation only allows a maximum of 50 per cent. Part of the challenge a lot of people are finding now is ge tting access to capital as the banks have not —
POINT OF CLARIFICATION
Dr. the Hon. E. Grant Gibbons: Madam Chairman, perhaps, just if I may make a point if the Honourable Member will allow me? BEDC does not come under this Ministry, it comes u nder the Ministry of Home Affairs. So, small business is an entirely separate ministry. I do not want to interrupt the Honourable Member’s flow, but I am not really able to speak to that.
Mr. Jamahl S. SimmonsApologies, I am guided by your wisdom, sir. But I do think that that was a mi stake to move that out of Business Development and I think it was a mistake because that is a level of sy nergy that should be combined and united. Madam Chairman, we are …
Apologies, I am guided by your wisdom, sir. But I do think that that was a mi stake to move that out of Business Development and I think it was a mistake because that is a level of sy nergy that should be combined and united. Madam Chairman, we are going to go over to Head 89, Energy. Madam Chairman, in 2011 the Bermuda Pr ogressive Labour Party produced a White Paper on Energy. And when we look at the Minister’s brief, many of the initiatives seem to have been carried forward through the Ministry. There are two aspects that I think we should focus on, long- term energy security . . . long -term energy security. We are extremely over - reliant on fossil fuels, and I think that it is good that we are looking at moving into various other aspects of reducing that reliance. But there were several benc hmarks put in place. We have to go back and look at these benchmarks and begin making sure that we are starting to move towards them to becoming more en-ergy efficient, more independent of fossil fuels, [make sure] our buildings are becoming developed with en-ergy efficient models —that sort of thing.
Bermuda House of Assembly But most importantly, most importantly right now in this climate an industry is growing to surround this new direction that we have been laying out. And part of it is . . . Look. We can look at careers in energy auditing, people who go into buildings and evaluate the energy efficiency of a building. We can look at en-ergy management, installation of small - to medium - renewable energy generation systems. When we move toward electrical vehicle systems we are going to need people to be able to repair these, to be able to maintain them. So there is a wide spectrum that I think has not been fully given the attention it deserves in terms of how we can move from just energy efficiency and spending less electricity to actually producing jobs and producing opportunities. Madam Chairman, I do have a few questions for the Minister, if I may go back here . . . just give me one second, Madam Chairman. For Head 89, the Ministry of Economic Development Headquarters . . . Head 95, sorry. A grant of $4,125,000 was pledged for the BDA. And if I may refer to the notes, as a public/private partnership the BDA also generates funding contributions from the private sector business community. The question I would have for the Minister is, is there any plan to a llow this to become financially independent as the Bermuda Tourism Authority is eventually looking to head towards? Moving on and staying in the same Head, the agency initiated the Bermuda Abroad Programme using LinkedIn (which I think is impressive) as a network for Bermudians working abroad, or former Bermuda residents wishing to connect with the Island and share ideas and intelligence. The Ministry should be looking at some of the programmes that have been put in place in other ministries of economic development. Mexico has one, [so do] a few other countries. But they are actually tabulating the talent overseas and trying to keep in touch with them and monitor and track them and make sure that they are being pos itione d to come back home, share their knowledge and expertise, and assist in the creation of new industries, in the development of new industries, new economies. That is the type of thing we need to look at. We need to be able to tap in and bring people home. If I may digress, Madam Chairman, there is a gentleman in our central committee, Mr. Christopher. For years he has pushed for an overseas untapped resources programme to tap into Bermudians in a structured manner, an aggressive manner that goes out and finds them, assesses their skills and works in partnership with other ministries to bring them home to get them involved in our economy again, and get their ideas contributing to the country with the expertise that they have earned overseas. Madam Chairman, also staying under this Head, the America’s Cup, I would like to take this op-portunity to express on behalf of my colleagues our support for the America’s Cup. And I think that this point cannot be stressed enough. The Bermuda Pr ogressive Labour Party supports the America’s Cup. We want it to succeed. We want it to exceed expect ations. And we want to show the world that Bermuda can do this better than any other country ever has or ever will. Our main issue has always been that there be the full range of trickle down through the economy that there can be, that everything is open and transparent, that everyone who has the will, the skill, and the ability has a chance, a fair shake to get a piece of the pie. I think that is the concern of many Bermudians. And I would encourage the Ministry in their partnership with the America’s Cup to continue to highlight and pr omote the opportunities available to Bermudians. One of the issues I know that came across is that because of racial history sailing is not a sport that has the range of diversity and produces a range of people with knowledge of the sport. So, of course, there will be some issues in terms of getting people involved. But through the youth programmes we see an opportunity to be able to expand that diversity in this field so that, perhaps when the next America’s Cup comes back, we see some more diversity on the board, some more diversity in the planning, more diversity in the working, so people who may not have originally grown up in a sailing background can see opportunities for themselves in the industry. I must say, again, that it is exciting. It is an exciting prospect for Bermuda to be on display at that level and for the potential of how it can reach into our country. And it is critical that the Ministry and the Government as a whole avoid the mistakes of past jurisdictions. And part of the challenge I think . . . and this is the nature of the politics, the blending of politics into businesses. Sometimes we get in the habit of over promising and under del ivering. I think that it is critical with the America’s Cup because we want the success and we want people to have realistic expec-tations. Continued communication, continued transparency, continued outreach to the public, continued promoting of the opportunities . . . and I am not talking about just showcasing people that received opportuni-ties. Push the opportunities as far as they can. Let us get our people excited and feeling involved with the process and that there actually is a role that they can play. Madam Chairman, I am going over now to the Department of Telecommunications, Head 46. And while I do not have much to say on that department as a whole, I must take note of on page 5 of 16, [it states] that they will review the state of over -the-top services such as Netflix, WhatsApp, Skype in the Bermuda market and the impact of those services.
The ChairmanChairmanI am sorry. Where are you? 1628 21 March 2016 Official Hansard Report Bermuda House of Assembly Mr. Jamahl S. Simmons: I am in the Ministry of Ec onomic Development, Department of Telecommunications Head 46, page 5 of the brief, page 5 of 16 in the brief in that section. …
I am sorry. Where are you?
1628 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Jamahl S. Simmons: I am in the Ministry of Ec onomic Development, Department of Telecommunications Head 46, page 5 of the brief, page 5 of 16 in the brief in that section. And just for the listening audience I will repeat, r eview the state of over -the-top services, e.g., Netflix, WhatsApp, Skype in the Bermuda market and the impact of these services. We are at an interesting time in our history. Bermuda, like many countries, is now seeing the i ntroduction of competition in a way that is almost . . . it is difficult to manage, it is difficult to regulate because it is so new. So there are people who no longer have house phones —they have a cell phone with Wi -Fi in their house and they use WhatsApp. You can get Skype on your phone, so there are people who . . . so we are seeing industries that have stood over a hu ndred years that are being radically transformed. Net-flix, for example, is now taking the place of the old video stores for the most part. There will come a period of time in our lives where there will be no more video stores that you go down to, which means that there are jobs that will be lost permanently that will not exist anymore. So when you look at something like WhatsApp, Netflix, Skype, the key is how can we le verage this technology to create opportunity and create new innovations that benefit us without regulating it out of existence, without being in a mindset that says it is competitive and we must stop this, we must block it, we must regulate it, we must change it? And I think it is very important. This review is important. Netflix. I know many people who have Netflix, they do not own cable anymore, which affects CableVision and WOW. I know many people who will go online and they will download a movie. They are no longer going to the video stores. They are no longer going to watch those movies on CableVision. It is a major challenge in terms of the old brick -and-mortar buildings and how it will impact them. And we need to review how this will affect us going forward, but not with an interest to restricting it, overregulating it, or attempting to find some way to stifle it because of the competitive nature it has on our economy. We must be responsible; but we must use these technologies and view them as an opportunity —a great opport unity—to create new innovations in our economy that we have not even thought of yet. Madam Chairman, I turn now to the Registrar of Companies Department, Head 39. And I just have one question relating to the electronic registry system, which is going to be replacing the old system. The Registrar of Companies has been allocated $250,000 in capital funding for Fiscal Year 2016/17 to acquire this new system. The question I have for the Minister is, has this been put out to tender? And could you ex-plain a little bit about the process in terms of the awarding of this or the decision, if it has not been awarded as yet, for that contract? So, Madam Chairman, just to conclude my oh-so-brief remarks, I encourage the Minister. His job is perhaps one of the most important jobs, bringing jobs and business to our shores. We renew our call for an Economic Development Plan with goals, with strategies, with things we can attain. When we look at performance measures we must take the bold step of saying, How many bus inesses can we attract? How many jobs will they pr oduce? And set benchmarks where we can look as busin esses do. Set benchmarks so we can be held accountable for them, that our people can know where we are going. And I look . . . when I talk about ec onomic development plans, we have the Tourism Plan that has been put in place that is something that will operate over a period of time regardless of who is in charge. Our economic plans must be that far -reaching so that we are able to have set goals that are not go-ing to be radically upended by a change of Gover nment. One of the things I think we have learned as a team that has been in Government and out of Gov-ernment is the importance of a stable business env ironment, a stable but nimble business environment. And we have to begin planning long- term. And so I commend my colleague who began this overall debate as a response to the Budget with his Vision 2025. That is our attempt to begin to lay the groundwork of our idea of what this plan would look like. But diversification . . . if there is nothing else we are doing, we must begin to pursue diversification. It is a national priority. And Madam Chairman, with those brief r emarks I take my seat.
The ChairmanChairmanThank you. Would anyone else like to speak to this? Okay, Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. And I thank the Honourable Member for his comments and suggestions. Perhaps what I could do is just start by talking about the issue of an Economic Development …
Thank you. Would anyone else like to speak to this? Okay, Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. And I thank the Honourable Member for his comments and suggestions. Perhaps what I could do is just start by talking about the issue of an Economic Development Plan. Sometimes it, perhaps, does not come through as strongly as it should. But if the Honourable Member thinks a little bit about what I said over the course of about two hours, a lot of it is intrinsic to a plan. I spoke for some time about the Bermuda Business Develo pment Agency in terms of the plan that they have for growing business. They have four different areas that they are looking at from risk to asset management to trusts to what they refer to as international commerce. And each of those is fleshed out with sort of a more detailed plan as to what they are trying to accomplish during the course of the year. I think it would be fair to say that the work that the Government does with the Economic Develo pBermuda House of Assembly ment Committee has a very clear plan as to what infrastructure projects need to be advanced, what areas need to be looked at, whether it be tourism infrastruc-ture or whether it be some of the areas we were tal king about earlier today with respect to LNG. All of these involve a lot of capital infrastructure and quite a bit of investment in terms of jobs. The America’s Cup project has a very clear plan to it in terms of accomplishing, obviously, the hosting. But as I said earlier, there are some 16 different committees which are looking at effectively pla nning and making provisions to be able to deal with everything from security to medical services to tel ecommunications , whatever. All these things involve plans. There is, indeed, a group on one of those committees looking at legacy and future develop-ments stemming from the America’s Cup. That is chaired by an individual, and the whole point of that is to create plans that will take what I think is an extraordinary opportunity over the next three years and make sure there is a legacy component to that. The Honourable Member talked about superyachts. There is a very clear sense that if we can get, as we have said, something on the order of 80 or so superyachts here that that ought to be the foundation for a future business in terms of servicing the super-yachts, attracting more superyachts to our shores. There is a group right now . . . in fact, Government is looking for a superyacht policy, because clearly the current policy that has been in place for visiting ships does not fit very well with what we need to do to bring these superyachts back on a regular basis. There is a plan in terms of the South Basin to look at ways to berth and service superyachts there for the America’s Cup, but going forward as well. I think the Honourable Member would be aware that going back a number of years WEDCO had a plan to . . . with their infill project, which was in fact started conceptually by the former Government, to have a servicing facility for superyachts. So, all these are part of existing plans. I think it is very tempting to say we want a book or a piece of paper, or whatever. But I would like to say to the Honourable Member that I have been involved with a lot of strategic planning over the years and oftentimes it is helpful. But, at the end of the day, whether it was the Commission on Competitiveness in the early ’90s or some of the other efforts that have been made to diversify, oftentimes what you find is that when Government tries to do this, it is not terribly successful. There is a very simple reason for that, b ecause a lot of the innovation and initiatives that need to take place primarily come out of the private sector, which is why the Bermuda Business Development Agency has been set up in the way it has. There is only one Government representative on there, a very capable representative I might add. But the other members of the board are very actively involved in business. A good example of that would be the recent addition of Fiona Beck, who has a lot of experience in telecommunications and is a technology expert. And part of what she is looking at . . . in fact, there was an interesting piece in the Royal Gazette very rec ently with her addition to the Bermuda Business Development Board looking at ways in which we could essentially leverage some of our bandwidth, our cable communications. The Honourable Member will remember that in the brief that I went through I talked about a cable zone. And we think that there are a lot of additional opportunities to land other, I will say, transatlantic or telecommunications cables here just because of Bermuda’s location. But we think it would help if we could create essentially a zone which would make the whole permitting and access a lot more feasible. So there is money in the budget for Headquarters, actually for Telecommunications, for the coming year to be able to do that. But a lot of these issues come down to trying to see whether there are additional areas for ICT [I nformation and Communications Technology] and other things. And people like Fiona Beck are probably best placed to do it. I think to create an artificial unit with people that are used to developing technology is an interes ting idea, but it is yet another committee, and I think we already have enough of those in place. What we need are ideas coming out of the private sector and working with Government very closely, which is the way our international business developed, working with Government to be able to figure out how to facil itate that. My own experience over some 30 years suggests that Government is not terribly good in terms of creating opportunities. It is really business and the private sector that creates that. We have to be very good listeners in terms of trying to find out how we can facilitate and move those things forward. But whether you are talking about the America’s Cup, whether you are talking about the various sectors that the BDA focuses on, whether you are talking about some of the initiatives that we have talked about from a Headquarters’ perspective with the Regulatory Compliance Association, which is creating scholar-ships in partnership with them —150 scholarships — looking at opportunities for Bermudians, all of these things, I think, are ongoing and they are . . . there are plans in all the various parts and sectors of this Mini stry of Economic Development. The Ministry of Finance is also looking at these areas as well. I think it would be fair to say that the Honourable Member will be surprised to hear that I do not share his view with respect to the insurance sector. For example, his sense that it is unlikely there would be any more Class 4s is completely contrary to what has actually happened. In 2015 there were four new Class 4s created. The insurance industry goes through cycles. I have seen it over many, many years. 1630 21 March 2016 Official Hansard Report
Bermuda House of Assembly They are going through what is effectively a consol idation cycle now, but they are doing that because that makes sense to them from a business perspective in terms of what they need to do to remain competitive and the rest of it. There are economies of scale there and we have seen that. Bermuda actually has been quite lucky, I think, in terms of what I will call the amalgam ations that have taken place. Most of the impact has been in other places. Yes, there have been some job losses here, but I think as a consequence a lot of those companies are now stronger. We have seen extraordinary growth and development in the insurance- linked security sector. I read off stats suggesting that Bermuda has well in excess of 60 per cent of that entire market, to such a degree that London and other markets are trying to sort of move in on that. Some will say that insurance-linked securities do not create jobs. That is simply not true. They are creating jobs in everybody from Nephila to a lot of the insurers here have taken on the princ iple, If you can’t beat them, join them. So Nephila, Horseshoe, and a lot of others are creating jobs in the insurance-l inked securities area. And the very nice thing about this is . . . this is obviously a real change and real innovation in the sector and the really nice thing about this, Madam Chairman, is it is happening in Bermuda. It is not happening somewhere else where we are losing market share or we are losing the sense of innovation, it is going on here. And also I think we have been very, very successful in terms of what we have done there —a great partnership with the Bermuda Stock Exchange as well. In terms of coordination with Workforce D evelopment, certainly there are areas where it makes sense, where we are looking at essentially trying to create opportunities. I mentioned the Regulatory Compliance Association. We had over 130 people show up as a consequence of this partnership with Bermuda College and the BDU and Regulatory Com-pliance Association and the Curriculum Committee chaired by George Thomas. Compliance, as you will know, Madam Chairman (as you are in the banking industry), is a growth industry if there ever was one. I look at it in the insurance sector, in the funds sector, in the financial ser-vices sector, in the legal sector, in the trust sector —it is a huge growth thing. That is an area where we have created opportunities now through this partnership with the RCA for young Bermudians who have a col-lege degree. In fact, we are looking to see whether those coming out of high school —it might be a pat hways thing—might be able to get involved in this sector as well. But it is clearly . . . it pays well, it is a good opportunity, and it gets people involved in a lot of these financial services areas. So I think it would be completely wrong to suggest that we are not inter-ested in diversification. One of the differences, perhaps, between this Government and the last Government is we do not talk about stuff until we think we are far enough along where something is actually going to happen. So I can speak very categorically and say that the Business Development Unit within the Ministry has been looking at a number of diversification ideas over the last year. The Honourable Member mentioned the idea of a free port. We have been looking at that for well over a year right now. We are making some progress there in terms of art. From a free port perspective, there are free ports not only in Luxembourg. The original one was in Geneva in Switzerland. There is a huge one in China right now. There are some free ports within the United States, not that visible. But I think we are looking at ways in which that might be a possible, as it were, extension for high net worth indi-viduals who wish to put . . . he referred to them as collectibles. But what we are really talking about is artwork and other items in Bermuda. But we are not far enough along at this point to say whether that will actually be successful or not. We hope it is because we think it will create jobs; it will also create construc-tion and infrastructure as well, which might be useful for Bermuda. In terms of aquaculture and vertical farming, all I will say about aquaculture is it seems to work pretty well in other places. Our own efforts at this, going back to Erling N æss, with fish farming by the Causeway, it has not been quite as successful. And I am not really sure why that is, I am not a biologist. But there have been plenty of opportunities from scallops to other farmable fish. It does not seem to have worked out terribly well here. It may be a question of the cost of labour, it may be a question of the fact that our water temperatures change so dramatically. One of the problems that some of the original studies had was fish did fine during the summer, but in close proximity during the winter when they were more stressed, they tend to develop viral and other kinds of diseases and they died. So there are certainly issues there. I do not think anybody is saying we should not do it. But I think it really comes down to . . . is there a private sector driver here? Are there people out there that think they can make money doing this? We have seen a couple of attempt s at it, but for wha tever reasons they have not worked out. We have seen some people come into Bermuda and talk about vertical farming. There have been some fairly interesting ideas there. I am not sure that is ever going to be a huge sector here, but I think we would all agree that it might be helpful in terms of looking at ways to provide hotels, restaurants, and certainly grocery stores with additional products. There are certain things like lettuce and other things which do fairly well. I would say that Tom Wadson and some of the other people that are here have been looking at various ideas on that. So nobody is saying it is not something that should not be looked at.
Bermuda House of Assembly With respect to the whole issue of small bus iness, as I said in my sort of intervention , that really falls under a separate ministry. It is basically the Mi nistry of Home Affairs. The Bermuda Economic Development Corporation, which is the Small Business D evelopment Corporation, clearly is looking at a lot of ways. They have done a lot of programmes to help entrepreneurs —training sessions, hands -on, and the rest of it. And as the Honourable Member will be aware, the America’s Cup, the ACBDA, and our own America’s Cup Office worked very closely with the Bermuda Economic Development Corporation to not only help select some of the vendors for the Front Street America’s Cup Louis Vuitton Series, but also they have run programmes which help the potential entrepreneurs to actually start a business and to find opportunities within the whole America’s Cup (sort of) umbrella operation. So I would say there were some 59 vendors involved in the Louis Vuitton Series. I think we will see even more of that happening as we get closer to the Series in May and June of 2017. There also have been some very succes sful entrepreneurs who have worked with the America’s Cup, not widely known, to brand America’s Cup on certain products. And I am not going to go any further than that. It is up to them to announce those. But these are young Bermudians who have developed very successful copyright licensing arrangements with the America’s Cup and they seem to be off to a pretty good start there. As far as the issue of online gaming, I think we have commented on that before. I would say to the Honourable Member that the degree to which I have read about it suggests that some of the online gaming in the last couple of years in the United States, with respect to the states getting online gaming, the results have been rather disappointing. I am not sure why that is. I have not had time to look at it. But obviously we have a very different market here than Gibraltar or Malta in terms of what they are doing. We are much more US focused. And the data that I have seen su ggests that those who launched online gaming in the US, some of the states like Delaware, New Jersey and others, have had wild expectations in terms of the revenue that it would produce, both for those who were setting up the online systems, but also the state tax coffers, and they were not as successful, at least to date, as they might have expected. I am not sure quite why that is, but I would suggest that maybe this is an area that might be more appropriate somewhere else. But I am not sure that Bermuda is the best site for it, particularly given some of the reputational is-sues and the fact that I think the Federal Government in the United States still takes a very jaundiced view towards online gaming as well. The Honourable Member asked me some questions about the Energy sector. He referred to the White Paper in 2011. Yes, there were a number of metrics in there looking at various approaches to the degree to which we use alternative sources of energy, the degree to which we are reliant on fossil fuels. I think the White Paper was widely embraced when it was brought in. But that was back in 2011 and a lot of that information and those goals are very, very dated. In fact, I remember debating it when the current O pposition Leader, the Honourable Member, was the Minister responsible for that. I think the uptake in res idential solar was extremely, what I will call, optimistic at that time and has not panned out to the degree that I think we would have liked. However, we feel very strongly, which is why the Department of Energy has been working on this, that with a change in regulatory structure with opening up the generation sector to competition, which is the whole point of the Electricity Act, that we will see a lot more of this. And I think a good example would be there has been a lot of interest, particularly locally , with those who are currently putting in PV systems about the RFP that will come out as we said probably in the third quarter of this year with respect to provi ding a utility scale solar PV facility down at the airport. We think, as we have said, that we can get something on the order of 25 per cent of our peak demand out of that. That would be a huge contribution to shifting us from fossil fuel use to renewable energy. And we still have a ways to go as far as storage which would make the renewable much more useful because if you can store the energy you can use it at night or you can store the energy when it is windy and you can use it when it is calm. You cannot do that very effectively although battery storage is improving significantly. That is certainly something that will happen going for-ward. And I think if anybody cares to look at the Electricity National Policy Paper we did, you can see going out a number of years that there are provisions in there not only for renewables that we are aware of, like wind and sun, but there is also a provision in there for renewables that would use the delta . . . or the di fference between hot and cold water at different ocean levels as well. There is a pilot project going on now. I think it is Montserrat, I think —
[Inaudible interjection]
Dr. the Hon. E. Grant Gibbons: Okay. I cannot hear from here, but I know that it begins with an “M,” I am pretty sure. But it is an interesting project. It is a pilot pr oject so it is still a ways away, but I think Bermuda is ideall y placed to be able to move into that. In the meantime, obviously we tabled a White Paper . . . sorry, we tabled essentially a consultants’ report today on liquefied natural gas. We think this will also be very useful in terms of the bridging option over the next 10 or 15 years or so while these renewable — whether it be solar, wind or whatever —start to sort of kick in here to essentially reduce our carbon footprint 1632 21 March 2016 Official Hansard Report
Bermuda House of Assembly and also, we hope, reduce . . . and the report said somewhere between 15 per cent and 44 per cent of the cost of generating electricity. So we think that will be a real benefit for the consumer as well. But again, this needs to be private sector driven. This is not Government investing in this stuff; it needs to come out of the private sector. Go vernment facilitates and makes an appropriate environment for that. The Honourable Member did put a couple of questions to me with respect to the Bermuda Bus iness Development Agency. He noted the fact that the BDA over the last couple of years has got an increasing amount of its revenue from the private sector. It hopes to raise over $500,000 in this coming financial year from the private sector. He asked, Will the BDA be financially independent at some point? All I will say is I will hope so. But at this point it still is raising probably close to 80 [per cent] to 90 per cent of its revenue from Government. So we hope in time that it will become increasingly less dependent on Gover nment, but at this particular point it is a very good pr ivate/public sector initiative. We have a good working relationship with them. They clearly have a good handle on what the private sector thinks are opportunities and we have worked very well, whether it is the Registrar of Com-panies, the Business Development Unit, the BMA, the Ministry, working with them and working with their di fferent focus groups to try and target in on everything from whether it be captives in Canada to sort of gro wing the trust area. I mentioned numbers about quite significant growth in the number of employees in the trust area. I think it is from about 200 . . . I should not guess, but it is basically . . . since 2013 about another 110 new jobs in the trust area, from what we can see, at a minimum based on some of the information we have gleaned from that area. The Honourable Member also asked about LinkedIn and noted the Bermuda Business Develop-ment Agency’s project to try and recruit, even though they are still overseas, those Bermudians that are working in sectors in financial services or other sec-tors where there may be business opportunities they hear about or they may help to essentially pass the word on what Bermuda is doing to the larger compa-nies they may be working in. I think it is kind of almost an alumni association because there are also me mbers that have worked in Bermuda before who are not Bermudians, but may have been here for a number of years, who have a warm place in their heart for Ber-muda but who are keen to see it succeed. So we are trying to tap into that and that is certainly a project that has been used by other business development age ncies in other countries as well, so it is not necessarily unique to Bermuda, but I think it is a real strong r esource and one that the BDA clearly has been wor king on. We have got a very active group, for example, in New York. A lot of them are well placed in some of the legal firms, the accounting firms and some of the asset and fund management areas. So they are very good in keeping their ears to the ground, recognising opportunities, telling us occasionally, You’ve got to be at this particular conference or workshop, or whatever else. All of that is very good. They also help to get conferences here which help our tourism and hotel product as well. The Honourable Member asked about tabulating talent overseas with an effort to bringing them home. I know a number of people are thinking about that. I am not sure we have a formal effort to the degree we need to in that area. Clearly, I think a lot of companies follow young Bermudians who are over-seas getting degrees and that sort of thing, but I am sure that is something that we should have a look at. I will just say that, and I can speak personally to this as well, I do not think it is a bad thing for young Bermudians to go and work overseas. I think it is a very good thing, in fact, because Bermuda is very in-ternational in terms of the kinds of services it provides, whether it be tourism or international business or other services. So to have young Bermudians finish their college degree and work in Lond on or Paris or New York or DC or San Francisco is excellent. They learn how the other half lives. Certainly one of my own children is now in Shanghai, for example. I think this kind of experience working overseas, learning how large entities and organisat ions work —they could be for profit corpor ations or they could be NGOs —and having them come back to Bermuda is an extraordinarily useful thing. So it is not always a negative that young Bermudians are going overseas. I think, and I would agree with people who have said this, that it is very nice to attract them back at a certain point. But to have them gain the experience, particularly with some of the businesses we have here from overseas, is extraordinarily useful as well. It contributes to their growth and when they come back they have experiences and things which are very, very useful. How much time is left, Madam Chairman?
The ChairmanChairmanYou have about two minutes. Dr. the Hon. E. Grant Gibbons: Two minutes, okay. Let me just finish off by saying the H onourable Member did comment on the issue of making sure . . . he used the words “trickle down” (I would not use those), but the degree …
You have about two minutes.
Dr. the Hon. E. Grant Gibbons: Two minutes, okay. Let me just finish off by saying the H onourable Member did comment on the issue of making sure . . . he used the words “trickle down” (I would not use those), but the degree of exposure of young Bermudi-ans to the America’s Cup Programme. I talked about almost more than 1,000 students have alre ady been touched by the America’s Cup through the Endeavour Programme, through school programmes, or whatever else. So there is a really very large effort to try and get young Bermudians, because of our sailing heritage,
Bermuda House of Assembly involved in this and not just in terms of people who want to sail. Not everybody wants to sail. I do not sail. Other people do not sail. But there is an extraordinary interest in some of the technology, the engineering and the excitement involved with this America’s Cup. And through the Endeavour Programme they are doing that in the STEAM —the Science, Technology, E ngineering, Art and Math—that is going into the schools to get kids excited about these science- based areas because that is really what drives a lot of this, it is not just the sportsmanship and the athletics. And, of course, we will have an America’s Cup Red Bull Youth Team in 2017. So we will have a home team racing in the AC45s during that May/June period. So that is extraordinary as well. So everybody will have somebody else to cheer for too. Madam Chairman, I think I have touched on most of the issues. Thank you. I do not know if we are there, but I will move the Heads if you would like me to.
The ChairmanChairmanYes, it is time. Dr. the Hon. E. Grant Gibbons: I would like to move Head 95, Ministry of Economic Development; Head 39, Registrar of Companies; and Head 46, Telecom-munications; and Head 89, Energy. Thank you, Madam Chairman.
The ChairmanChairmanThank you. It has been moved that Heads 95, 39, 46 and 89 be approved. Is there any objection to that motion? No objection. Agreed to. [Gavel] [Motion carried: The Ministry of Economic Develop-ment, Heads 95, 39, 46 and 89 were approved and stand part of the Estimates of Revenue …
The ChairmanChairmanMinister of Finance? Hon. E. T. (Bob) Richards: Yes, Madam Chairman. I would now like to move the Heads that were not debated. I would like to move the following Heads to be approved as printed: Heads 1, 2, 5, 43, 51, 84, 96, 59, 72, 97, 18, 19, 12, …
The ChairmanChairmanIt has been moved that the Heads be approved. Is there any objection to that motion? No objections. Agreed to. [Gavel] [Motion carried: Heads 1, 2, 5, 43, 51, 84, 96, 59, 72, 97, 18, 19, 12 and 67 were approved and stand part of the Estimates of Revenue and …
It has been moved that the Heads be approved. Is there any objection to that motion? No objections. Agreed to. [Gavel] [Motion carried: Heads 1, 2, 5, 43, 51, 84, 96, 59, 72, 97, 18, 19, 12 and 67 were approved and stand part of the Estimates of Revenue and Expenditure for the year 2016/17.]
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Madam Chairman, now I would like to move that the Current Account Estimates, the Capital D evelopment Estimates, and the Capital Acquisition E stimates be approved.
The ChairmanChairmanIt has been moved that the Estimates be approved —the Capital Estimates. Is there any objection to that motion? No objection. Agreed to. [Gavel] [Motion carried: The Current Account Estimates, the Capital Development Estimates and the Capital A cquisition Estimates were approved and stand part of the Estimates of Revenue …
It has been moved that the Estimates be approved —the Capital Estimates. Is there any objection to that motion? No objection. Agreed to. [Gavel]
[Motion carried: The Current Account Estimates, the Capital Development Estimates and the Capital A cquisition Estimates were approved and stand part of the Estimates of Revenue and Expenditure for the year 2016/17.]
Hon. E. T. (Bob) Richards: Madam Chairman, I move that the Estimates of Revenue and Expenditure for the Financial Year 2016/17 be approved.
The ChairmanChairmanIt has been moved that the Estimates of Revenue and Expenditure for the Financial Year 2016/17 be approved. Is there any objection? No objection. Agreed to. [Gavel] [Motion carried: The Estimates of Revenue and E xpenditure for Financial Year 2016/17 were considered by a Committee of the whole House and …
It has been moved that the Estimates of Revenue and Expenditure for the Financial Year 2016/17 be approved. Is there any objection? No objection. Agreed to.
[Gavel]
[Motion carried: The Estimates of Revenue and E xpenditure for Financial Year 2016/17 were considered by a Committee of the whole House and passed.]
Hon. E. T. (Bob) Richards: Madam Chairman, I move that the approval of the Estimates be reported to the House.
The Chairm an: If there is no objection to the motion . . . then agreed. [Gavel]
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman.
[Pause]
House resumed at 9:01 pm 1634 21 March 2016 Official Hansard Report
Bermuda House of Assembly [Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
ESTIMATES OF REVENUE AND EXPENDITURE FOR THE YEAR 2016/17
The SpeakerThe SpeakerHonourable Members, the Estimates of Revenue and Expenditure for 2016/17 have been approved as printed. And so the Chair will now recognise the Honourable Minister of Finance. BILL FIRST READING APPRO PRIATION ACT 2016 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I am introducing a Bill entitled the …
The SpeakerThe SpeakerThank you. Are there any objections to that? Carry on please, M inister. Hon. E. T. (Bob) Richards: Thank you, sir. I move in accordance with Standing Order 28(5)(1) that under the provisions of Standing Orders 41, 12, and 42 the remaining stages of the Bill entitled Appropriation Act 2016 …
The SpeakerThe SpeakerAny objections to that? Carry on, Minister. Hon. E. T. (Bob) Richards: Mr. Speaker, I move that the Bill entitled the Appropriation Act 2016 be now read a second time in the House.
The SpeakerThe SpeakerAny objections to that? There are none. Carry on , Minister. BILL SECOND READING APPROPRIATION ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, I move clauses 1 to 6, inclusive, together with Schedules A, B and C as printed. I move those Schedules please.
The SpeakerThe SpeakerAny objection to that? There are none. Carry on, Minister. [Motion carried: Clauses 1 through 6 together with Schedules A, B and C passed.] Hon. E. T. (Bob) Richards: Mr. Speaker, I move the Preamble.
The SpeakerThe SpeakerAny objections to that? Carry on, Minister. BILL THIRD READING APPROPRIATION ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that the Bill entitled the Appropriation Act 2016 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections to that? There are none. Carry on, Minister. Hon. E. T. ( Bob) Richards: Mr. Speaker, I move that the said Bill do now pass.
The SpeakerThe SpeakerAny objections to that? There are none. Minister. [Motion carried: The Appropriation Act 2016 was read a third time and passed.] MESSAGE TO THE SENATE APPROPRIATION ACT 2 016 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that the following message be sent to the Senate. And the message …
Any objections to that? There are none. Minister. [Motion carried: The Appropriation Act 2016 was read a third time and passed.]
MESSAGE TO THE SENATE
APPROPRIATION ACT 2 016
Hon. E. T. (Bob) Richards: Mr. Speaker, I move that the following message be sent to the Senate. And the message is: “To the Honourable President and Members of the Senate: The House of Assembly has the honour to forward herewith the undernoted Bill for the concurrence of your House, the Appropriation Act 2016. Copies of the Estimates of Revenue and Expenditure for 2016/17 are also forwarded for the information of your House.”
The SpeakerThe SpeakerAre there any objections to that? There are none. So the message will be sent to the Senate. Thank you, Minister of Finance. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. [Pause] Bermuda House of Assembly The Speaker: All right the Chair will now recognise the . . . …
Are there any objections to that? There are none. So the message will be sent to the Senate. Thank you, Minister of Finance. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.
[Pause]
Bermuda House of Assembly The Speaker: All right the Chair will now recognise the . . . it looks like the Minister of Finance again.
Hon. E. T. (Bob) Rich ards: Yes, sir.
The SpeakerThe SpeakerOrder No. . . . but first, I should have indicated that Order No. 2 is carried over. Order No. 3 in the name of the Minister of F inance. You have the floor. BILL SECOND READING LAND TAX AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Thank you, Mr. …
Order No. . . . but first, I should have indicated that Order No. 2 is carried over. Order No. 3 in the name of the Minister of F inance. You have the floor.
BILL
SECOND READING
LAND TAX AMENDMENT ACT 2016
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, the Government wishes the Honourable House to give consideration to the Bill entitled the Land Tax Amendment Act 2016. It is noted as “(No. 2) Act 2015” on the Order Paper, but we are in a new year so—
The SpeakerThe SpeakerIt should be 2016. Hon. E. T. (Bob) Richards: Yes. This Bill provides for revised tax rates for var ious annual rental values or ARV bands. Mr. Speaker, in addition to the Ten Commandments, in Bermuda the 11 th Commandment has been the price of Bermuda real estate can never …
It should be 2016. Hon. E. T. (Bob) Richards: Yes. This Bill provides for revised tax rates for var ious annual rental values or ARV bands. Mr. Speaker, in addition to the Ten Commandments, in Bermuda the 11 th Commandment has been the price of Bermuda real estate can never go down because there is so little of it and they aren’t making any more. Since the global financial crisis and economic recession of late 2008, early 2009, the Bermuda economy weakened considerably. Statistics indicate some five years of continuous real declines in Bermuda’s GDP. Banks curtailed real estate financing, employment dropped, and there was an unparalleled exodus of companies and employees from Bermuda. This had an unprecedented negative effect on every sector of the economy, the property market in lar, which had experienced an almost uninterrupted 70 - year inflationary bubble. The peak of the market and a sharp decline in rental and capital values occurred in 2008, with some property types being hit particularly hard. In other words, the bubble in the Bermuda property markets has deflated. Mr. Speaker, Honourable Members are aware that the Land Valuation Department conducted their quinquennial revaluation of land, after which the 2015 Draft Valuation List was produced. This Draft List is the result of each non- government housing unit in Bermuda being appraised and re- valued by Land Valuation Department staff. The Draft List, or ARV List, (as it is sometimes called) confirmed the widely held opinion that rental values in the open market had fallen between evaluation date of December 31, 2009 (upon which the current 2009 Valuation List is based) —
The SpeakerThe SpeakerJust a minute, Honourable Member. Honourable Members should know whenever you cross that bar, you bow to the Speaker. Thank you. Carry on. Hon. E. T. (Bob) Richards: Okay, I will start the se ntence again. The Draft List, or ARV List, (as it is sometimes called) confirmed the widely …
Just a minute, Honourable Member. Honourable Members should know whenever you cross that bar, you bow to the Speaker. Thank you. Carry on. Hon. E. T. (Bob) Richards: Okay, I will start the se ntence again. The Draft List, or ARV List, (as it is sometimes called) confirmed the widely held opinion that rental values in the open market had fallen between evaluation date of December 31, 2009 (upon which the current 2009 Valuation List is based) and the July 1, 2014 Valuation List (upon which the 2015 Valuation List is based). The residential assessments on the whole are seeing ARVs below their 2009 assessed lev els of rental value. The segment most affected has been the executive properties, particularly the larger units. But there has been uniformity about the changes —there has been no uniformity —about the changes in ARVs. Mr. Speaker, further information on t he ARV rental is as follows: The 2015 revaluation resulted in a decrease in the total ARV of residential properties of $1.108 billion to $930.56 million, an overall decrease of 16 per cent. The change in ARV values range from a decrease of 39 per cent to an increase of 92 per cent: • 26 units, or less than 1 per cent, experienced an increase in ARV of between 2 and 92 per cent; • 45 units, or less than 1 per cent, experienced no change in ARV; • 779 units, or 2.5 per cent, experienced a d ecrease in ARV of between 1 and 10 per cent; • 28,351 units, or 90 per cent, experienced a decrease in ARV of between 11 and 20 per cent; • 2,313 units, or 7 per cent, experienced a d ecrease in ARV of between 21 and 39 per cent.
The above variations in the changes in the ARVs made the adjustment of rates in order to mai ntain revenue neutrality for Government an extremely complicated process, a process that has produced unexpected outcomes. Over the many decades of inflation of the property bubble, various classes of properties, and even specific attributes of properties, for example, location, had inflated at different rates. This was not apparent to land tax payers because ARVs were all going in the same direction —that is up. The subtlety of the differing rates of change was easy to miss. However, when the bubble deflated the rates of decrease were, in some cases, dramatic and varied 1636 21 March 2016 Official Hansard Report
Bermuda House of Assembly widely from property to property. A false sense of uniformity was exploded. Leaving land tax rates unchanged after the new ARVs were produced would have cost the Bermuda Government $19.1 million in revenue. The a djusted rates we are considering today are to compensate for that deflation in ARVs. Government has never had to conduct such a calculation before because this situation is unprecedented in modern Bermuda. All previous changes in tax rates were to increase rev enues. Consequently there was no feasible method to adjust the band rates uniformly, resulting in no change in the dollar value of tax bills for the majority of units. The dispersion of the ARV changes is just too wide to achieve that using seven bands. There was the option of increasing the number of bands to more closely reflect the changes in various property classes. It was felt this would intr oduce too much complexity for the taxpaying public. Indeed, the tax consultants from CARTAC recommended a unified tax system for property, that is, one single rate for all properties in the name of simplific ation. This recommendation was rejected by Gover nment as such a policy would not have been accep table to Bermudians. So we have had to make changes to tax rates in the existing seven bands to reach the objective of revenue neutrality, but simultaneously retaining the progressive structure of the system. Mr. Speaker, commercial rents overall have also fallen dramatically from the 2008/09 levels or rental values as a direct result of the aforementioned issues. Recent consolidations within the reinsurance sector, coupled with the outsourcing of backroom staff off-Island, have led to less international business - related employment and a consequential glut in office space in the City of Hamilton. The 2015 revaluation resulted in a decrease in the total ARV for tourist and commercial properties from $415.9 million to $328.7 million, an overall de-crease of 21 per cent. Therefore, the 2015 Draft Valuation List displays reductions across all property sectors overall as rents have sharply declined since 2009. Mr. Speaker, it is important to reiterate that using the 2015 ARVs and the current land tax rates would have resulted in an overall loss of approx imately $19.1 million in land tax revenue for Gover nment. This was a loss in revenue that Government could ill afford to have, particularly as the Government has made huge strides in reducing the deficit, and needs to continue to build on that work. The Valuation List was presented to the Mini stry in late November 2015, and the valuations were to come into force on January 1, 2016. The Ministry of Finance had little more than two weeks to promulgate the new rate structure, have them approved by Cabinet, and laid before the House before the Christmas recess. In the limited time available a revenue neutral solution had to be formulated and implemented by way of an amendment to the Rate Schedule in the Land Tax Act 1967. Accordingly, the Government decided to maintain the current tax band structure and only change the rate for each band as laid out in this Bill. And I will just go through the proposed tax rates by band, starting from the lowest band: • ARV band $0 to $11,000 —the proposed tax rate would be 1.8 per cent; • The next band which is $11,000 to $22,000—the tax rate is 2.5 per cent; • The third band, $22,000 to $33,000—the pr oposed tax is 4.4 per cent; • The fourth band $33,000 to $44,000—the tax rate is 6.8 per cent; • The fifth band $44,000 to $90,000— a tax rate of 11.6 per cent; • The sixth band $90,000 to $120,000—a tax rate of 21.2 per cent; and • The top band, the seventh band, over $120,000 would be a tax rate of 25 per cent.
To provide for simplicity, and recognising that the land tax payable on properties with an annual rental value in excess of $90,000 was increased in 2013, most rates were increased by 2 per cent, other than the two lowest bands. The proposed amendments maintained the progressive nature of land tax with those who live in the most expensive homes pa ying more land tax than others. Mr. Speaker, even with the revised rates the land tax bills range from $64.80 per year to $127,401 per year, clearly illustrating the progressive nature of the current proposal. To suggest that this Bill i ncreases the burden of land tax on Bermuda’s working class while at the same time reducing the burden of land tax for Bermuda’s wealthy is simply not true. It is important to remember that this is a laddered system, wher eby homeowners in the highest band pay the increases in all the lower bands plus the rates in the highest band. If you are on the top of the ladder, you have to pay the rates appropriate for each of the lower steps as well as the top rate. Mr. Speaker, in addition, as a result of the overall decrease in ARVs and the proposed increases in rates, the Government intends to amend the ex-emption provided for Bermudians over 65 years living in his or her own home per section 3A of the Land Tax Act 1967 to reduce the ARV from $50,000 to $42,000. This will ensure that seniors receive the same land tax exemption as previously, which is $1,566 per year. And lastly, in order to minimise the impact of the revaluation on land tax revenue for commercial and tourist units, the Government also intends to i ncrease the land tax from 5.5 per cent to 7 per cent for these categories. These changes keep the tax rev enue on these elements roughly the same as they were previously.
Bermuda House of Assembly Mr. Speaker, the Government has always maintained that everyone in Bermuda needs to do their part in helping to pay off the deficit. Therefore, the primary purpose of this Bill is to amend the land tax rates to ensure no loss in revenue to the Gover nment and so that this Government can continue to do the work the people elected us to do and get our economy back into a healthy state. However, Mr. Speaker, since the rates have been announced there has been much commentary and feedback on the impact that the rate changes have had on certain residential property o wners. Some of this commentary has merit, but other commentary has been off base. We have listened to the concerns of taxpayers and based on this we propose further amendments in the rates. These rate changes will be provided in a new bill, the Land Tax Am endment . . . it was originally No. 2 Act, I guess it still is, the Land Tax Amendment (No. 2) Act 2016, which has been tabled in this Honourable House today and will come into force on July 1, 2016. The rates in the current Bill will be in effect from Jan uary 1, 2016 to June 30, 2016 and the land tax bills which have already been sent out are based on these amounts. Therefore, these bills will not be adjusted and remain payable per the due date spec ified on the bills. The revised proposal is aimed to deliver an adjustment in land tax rates that insert additional pr ogressivity in the rate structure considering that the largest decreases in ARV values occurred at upper bands, according to the following rate structure, and I will read it out again, Mr. Speaker. It is in front of Members, I believe, but for the listening public I will read it: The first band with $0 to $11,000 the new (and when I am talking about new rates I mean those after July 1 st) rates will be 0.8 per cent; • $11,000 to $22,000 —1.8 per cent; • $22,000 to $33,000 —3.5 per cent; • $33,000 to $44,000 —6.5 per cent; • $44,000 to $90,000 —12.0 per cent; • $90,000 to $120,000—25 per cent; and • Above $120,000— 47 per cent.
The features of this proposal are as follows: • The highest increase in land tax was 45 per cent, or $44,000. The ARV on this unit dropped from $504,000 to $396,000, or 21 per cent and the land tax increased from $99,486 to $144,126. • 149 units saw an increase of between, or will see an increase, of between 30 per cent and 45 per cent; • 760 units w ill see an increase of between 20 per cent and 30 per cent; • 18,427 units will see an increase of less than 20 per cent; • 12,102 units will see no change or a decrease in land tax. The greatest decrease in land tax was 60 per cent, or $1,656.40.
In this sce nario, the majority of the popul ation—97 per cent —will be satisfied since they exper ience a small increase in their land tax, no change, or a decrease. Finally, in order to maintain the maximum dollar exemption afforded to seniors under the new rate struct ure to be effective July 1, 2016, the ARV thres hold will be revised from $42,000 to $45,500. Mr. Speaker, the sobering reality is that to maintain Government services at a reasonable level and to avoid financial failure the Government needs to increase land tax rates merely to maintain the status quo. Mr. Speaker, the Ministry of Finance is conf ident that this approach will provide the Government with the same level of revenues collected on land tax and believes that the revised rate increases are both equitable and fair. The proposed amendments mai ntain the progressive nature of land tax, with those who live at the most expensive homes paying more land tax than others, in this case much more. These points are clearly evidenced when one examines the effec-tive rates that property owners pay in each band, which is the land tax divided by the ARV. There has been considerable consternation, Mr. Speaker, and confusion among the public relating to these new land tax rates and the bills that have been sent out. I personally would like to apologise for that confusion. My view is that citizens expect their Government to be clear and concise, keeping unpleasant surprises to a minimum. We have not met that standard in this instance and that is regrettable. The buck stops with me on this one and I take full r esponsibility. The deflation in the property bubble and its consequences are uncharted territory for Bermuda and I commit to keeping the unpleasant surprises to a minimum. With those introductory remarks, Mr. Speaker, I now would like to read this Bill, the Land Tax Amendment Act 2016, a second time and invite Ho nourable Members to comment.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Shadow Minister for Finance from constituency 18, MP David Burt. You have the floor.
Mr. E. David BurtThank you very much, Mr. Speaker, and good evening to you.
The SpeakerThe SpeakerGood evening to you. 1638 21 March 2016 Official Hansard Report Bermuda House of Assembly Mr. E. David Burt: Mr. Speaker, the Minister ended by saying that the buck stops with him. And I would like to, I guess, commend him for at least accepting responsibility for this error which …
Good evening to you.
1638 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. E. David Burt: Mr. Speaker, the Minister ended by saying that the buck stops with him. And I would like to, I guess, commend him for at least accepting responsibility for this error which saw a whole lot of people in this country see their land tax bills double, and in some cases more. Those are the facts. Those are things that cannot be taken back. But I almost wish that at the same point in admitting the error, admitting the fact that properties on Harbour Road were going to pay less land tax un-der this regime than before, whereas properties on Cedar Park Road will pay twice as much land tax as before . . . for the Minister to say that this is increase in burden on the working class is not true (as he said inside of his comments), is completely false. And Mr. Speaker, if that were not the case, then why today did we get a new land tax Bill that is going to change the rates up and down to reverse the mistake which the Honourable Minister has just taken responsibility for? So you cannot have your cake and eat it too, Mr. Speaker. You cannot on one hand say that this increases the burden on the working class is not true, and then on the other hand, go ahead admit your mi stake and change it so that the increases that you are putting on the residents on Cut Road is not the s ame, you have to understand Mr. Speaker. So I am happy that the Minister has realised the error of his ways, but he should have realised it the error of his ways at the very beginning. Because no one could come to this House . . . and when the increases were as much as they were, Mr. Speaker, on the bottom level, the factor increase was a factor of three times. It went from 0.6 to 1.8. That means inside of that band you will be pa ying three times as much. Now, I know the Honourable Minister of F inance may not be aware, and I know that there are probably other Members on that side that may not be aware, but there are some people in this country that have ARVs that are underneath the top end itself. There are some people that have ARVs that are less than $11, 000. So when you triple the tax on that band, they are going to get a tripling of their rates. So for the Minister of Finance to go on television today and say that it was unforeseen . . . how can you have unfor eseen changes when you are tripling rates? Surely, the amount of money that persons are going to pay will go up. And we saw it. And I am quite certain that there were members, whether prompted by myself or ot herwise, that saw their land tax bills double and say, What the hell? Why is this the case? How is this act ually possible? Then to come here today to almost admit your error, but say that what we on this side have been saying since the day the Bill was tabled . . . When the Bill was tabled under the Provisional Collection of Revenue Act on December 16 th, we got up on this side talking about the seniors exemption, talking about the fact that if you are raising or tripling the rates on those persons at the bottom, surely you were shifting the burden to the working class. And we heard a defence from the Minister of Finance saying, No, the rates are progressive. Take a look at the rates, the rates are progressive. One would have thought that the Minister, or someone in the Ministry of Finance, would have looked at this and said . . . when it went to the Cabinet table, did anyone around the Cabinet table— with all the accountants that are sitting around the Cabinet table—say, Well, wait a second, why are we tripling the rates on the people at the very bottom? Why are we doubling the rates of the people at the very bot-tom? Did anyone at that table say, Maybe this is not the right thing to do; maybe, Minister of Finance, you should go and look at that again. Maybe someone should have taken a quick look at their constituents, and talked about the people that live on Cedar Hill, when you were sitting around that Cabinet table, and talked about the people that live on Cedar Hill, and then [should have] said, You know what, Minister? My constituents in my marginal constituency of Warwick North Central may not like this. We may want to reconsider what we are doing. But no, nothing happened. It came here; a fierce defence from the Minister of Finance. And then today at the same time he has corrected the Bill, he wants to say, No, no, no, no, no. You’re misleading the public. We weren’t shifting the burden onto the working class. Foolishness, Mr. Speaker. They shifted the burden and they got caught. And now they are walking it back. The only thing I would ask the Minister of F inance is, Why does he not walk the entire thing back? Why is he leaving that in place for this session? Why does he not make an amendment in Committee to the new rates, which he has tabled, and then make sure that the working class in this country do not have to suffer the break because the only people who are g oing to be paying more taxes would be the people who could most afford it. Is that not what we are supposed to be doing here inside of this Parliament? Make sure that we are fair and equitable. That is what the Minister said when he tabled the Bill. He said that these changes are fair and equitable. It would be fair and equitable not to double and triple land tax for the poorest and the working class of this country. So if the Minister really wants to be fair and equitable, if the Members on that side really want to be fair and equitable, then they should support an amendment that would make these rates affective at the very beginning and not soak and punish the pe ople of this country for the Minister of Finance’s mi stake, his oversight. He has accepted responsibility for his mistake, now he should do the right thing and cor-rect the mistake which he has made—not in the f uture, but for those persons who have already received those bills, which is everyone inside of this country.
Bermuda House of Assembly Make it right from the very beginning. Make it right for those persons in Ducks Puddle who have seen their land tax bills double. That is what we need to be doing, Mr. Speaker, we need to do right by those persons today. But now, Mr. Speaker, let me go on because this entire Bill seems to be like a comedy of errors. Today we see the changes in land tax rates, an entire new Bill that is being tabled. I mean, we are changing land tax rates twice in one year. Did anyone think about the seniors’ exemption? The Minister of Finance did not discuss the seniors’ exemption. But remember this whole thing about when the seniors’ exemption was tabled and we on this side of the House said, More seniors are going to have to pay land tax. And there was a spirited defence from the Minister of Finance that said, No, no. The amount that we are collecting from this group will be the same. No! Then we turn out later in the day after some badgering that they took on the doorsteps of Devon-shire North Central (the by -election) about seniors who are now going to be paying land tax when they were not paying land tax before, after the Government assured them that they would not be paying, then we hear the Minister of Finance walking it back again sa ying, Oh, no, no, no. We got it wrong. I’m sorry. The challenge that I have is under the Prov isional Collection of Revenue Act, if it is the case that those seniors were exempt, when you change the rates, when you tabled the Bill, did seniors not have to pay land tax at the beginning of this year? Did they not have to? That is a question that must be asked, because, technically, if the Bill is tabled, if the Bill is not amended, then those seniors would have to pay land tax when they did not have to pay it before. I have another question. If seniors did pay land tax, because as the Bill is written under the laws of the Provisional Collection of Revenue Act, seeing that the Bill was not amended and seeing the thres hold was brought all the way down to $29,000, does that means that seniors who did not pay land tax before would be required to pay land tax? Is that land tax going to be forgiven? Are we going to somehow rewind that? Are we just going to say, I’m sorry about the administrative error, seniors in Bermuda, now you have to pay the land tax for this half of the year ? What are they going to do for that, Mr. Speaker? Mr. Speaker, it seems as though, for some reason inside of the Ministry of Finance, the Minister is getting a few things wrong. And that is okay b ecause he has got a tough job, and I understand that he has a tough job. But when it comes to, I guess you would say, on this side when we offer constructive criticism, on this side when we offer feedback, on this side when we take a look at a Bill and five seconds after looking at it say, But this means that seniors are going to have to pay more money. This means that the working class are going to have to pay more money, when we can see it in five minutes . . . I am challenged to understand how a Cabinet of 10 per-sons, who say that they have all the knowledge and have all the experience and all the wisdom and they are cleaning up our mess, can manage to make a mess this big. That is the question that needs to be asked, Mr. Speaker. We have a lot of things on the Order Paper and I do not want to delay this point. The fact is the One Bermuda Alliance Government raised taxes — land taxes —on the working class of this country, while homes on Harbour Road and Skyline Drive will pay less land tax. Those are the facts and I dare any person on that side of the House to get up and try to di spute that. Because, Mr. Speaker, I went to the Land Valuation Office. I looked at the various houses and the changes from 2009 and 2015. I came to this House today with the actual figures and the actual statistics, so I challenge anyone to say that it is not. And I challenge the Members on that side— specifically those Members in the marginal constit uencies —to vote for this today, to vote for doubling the land tax on your working class constituents. Think long and hard about that vote. Mr. Speaker, they should think very long and hard about it. Their Government made a mistake, and instead of halfway taking it back, they need to take it back the full way. Amend the Bill. Put the rates in place from the very beginning and do the administr ative work to clean it up on the back end. If you are going to accept responsibility for the mistake, accept the administrative burden for cleaning up your mistake. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 15, the Shadow Minister for Home Affairs MP Roban.
Mr. Walter H. RobanThank you, Mr. Speaker. I do not normally get up on financial matters and speak, Mr. Speaker, but I had to get up and speak particularly on this matter for a couple of rea-sons. One, I commend my honourable colleague who speaks for Finance from constitu ency 18 for crystalli …
Thank you, Mr. Speaker. I do not normally get up on financial matters and speak, Mr. Speaker, but I had to get up and speak particularly on this matter for a couple of rea-sons. One, I commend my honourable colleague who speaks for Finance from constitu ency 18 for crystalli sing what I think is the sentiment that is felt about what we are experiencing here today with this Bill. The journey that has been taken since D ecember, since the first Bill was tabled, and our own efforts to bring to the attention of the Minister the folly of what was being pursued . . . that folly was discov-ered by and . . . certainly by February of this year it was realised how much of a folly it was. But I stand here because I do not sit in one of those marginal di stricts that the One Bermuda Alliance has only a r emote success of winning. I know, other than that, that I also do not have any houses, or [I do not have] too many people who live in my district who have houses comparable with 1640 21 March 2016 Official Hansard Report
Bermuda House of Assembly the people who live on Harbour Road either . There may be one or two by some very successful families who just happen to live in— [Inaudible interjection]
Mr. Walter H. RobanWhere? But most of the houses in constituency 15 do not look like the houses on Harbour Road, or in parts of Hamilton Parish or St. George’s. But I can tell you this, Mr. Speaker, a few people from constituency 15 contacted me about what they discovered about their land …
Where? But most of the houses in constituency 15 do not look like the houses on Harbour Road, or in parts of Hamilton Parish or St. George’s. But I can tell you this, Mr. Speaker, a few people from constituency 15 contacted me about what they discovered about their land tax bill, particularly around February or early March. They saw an increase. And I am not talking about people who are making six figures. I am talking about single mothers, the elderly who have spent a lot of time and energy over the years to develop their homes for the benefit of their family. They worked hard in the hotel industry, in other industries, not ne cessarily international business or any of the more high-earning, highly rewarding with stock options, and all those sort of attachments to their earnings. They worked hard over decades to develop these homes. They found themselves confronted with a suddenly doubled, or a 40 per cent increase in some cases, land tax bill. And they asked me about it and I said, Well, I’m not sure. I didn’t believe the Bill was passed. So I was shocked to hear that this had happened. We have since found out why it happen ed, and I will echo the credit given by my honourable co lleague who sits in constituency 18 that he gave to the Minister for attempting to halfway take responsibility. But I am getting on feet on this matter to do with Finance (which I normally do not do) only to cry stallise that the impact of whatever has happened has been extremely widespread. And, yes, the humble voters of constituency 15 felt it too, and they brought it to my attention. I do hope, Mr. Speaker, that a genuine effort is made by the Ministry of Finance, the Minister of F inance and those who are concerned with these mat-ters, to bring clarity to the public about why this has happened, because it is important. There may be no success for the OBA in a future general election in constituency 15, Mr. Speaker, but those voters are as important, those landowners are as important. They deserve to understand why they saw their bill go up at an exorbitant level prior to the March 31 st date, prior to them being aware as to why it has gone up, and why this unfortunate mistake, or error, or oversight, or whatever the Ministry or the Minister wish to call it, has happened. I think that it is very important that beyond this House, beyond what is ever passed, Mr. Speaker, that a broader explanation is given to the general public. Those of us here in this House are reasonably edu-cated. The experience that we bring, that we have in this House . . . we understand these bills. We under-stand how they work. We understand the impact of these things. But some of those persons out there in the community, Mr. Speaker, who just work hard every day, they wait and expect to see that bill, Mr. Speaker, and they go like good citizens and pay it. That is what they do. They are not like some of the, you know, more aggressive . . . we do not have a cu lture in this country like you find in places like the United States where people are up in arms about pa ying taxes. People actually arm themselves to go against paying taxes. Some people feel that taxes are an infringement on their human rights. We do not have that sort of . . . and will fight to the death to not have to pay their taxes. That is what happens in some other juris-dictions, particularly in the United States. People cut themselves off from civilisation so they do not ha ve pay taxes because they believe taxes are an impos ition. We do not have that culture. So I think we have a duty to make sure that those who have been inflicted with this error, or over-sight, or miscalculation, or whatever has been done, Mr. Speaker, and explain to them how this happened, why this happened, if there is an opportunity for them to have it rectified, because we know this is a recessionary climate. People are managing their expenses. And to be subjected to a sudden extremely high cost when they are managing their fixed costs on a monthly or biannual basis —licensing their car, paying their loan, paying their land tax —this, to some, was a shock. I will not say much more because, as I said, I am not normally one of the people who stands up on these finance matters. But I felt duty -bound to do it today because of what I experienced with my voters in a district that is not marginal by any measure, is not a district that the OBA is likely to win in a future election, but my voters are important too. They are not as i mportant as the people in constituencies 1 or 2 or 27, in reference to marginally placed districts who the OBA might be prepared to spend a little bit more attention to, because the price is high if they do not. But I ask, on behalf of the humble constituents of 15, and the not -so-marginal districts that might not have the attention of the politicos of this community, please make sure the people understand what has happened. Make sure it is clear as to what they should expect in the future, and how, if they need clarity on this, they can receive it. So I ask that of the Mi nistry and the Minister and those who are much more able than me with numbers to go through this process to help those humble citizens of this country get to grips with what we may pass in this House today, and the errors that may have been made in the past. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Bermuda House of Assembly The Chair will now recognise the Minister for Health and Seniors from constituency 19, Jeanne Atherden. Hon. Jeanne J. Atherden: Mr. Speaker, I only have a few words to say on this matter. I think, from my perspective, it is …
All right. Thank you, Honourable Member.
Bermuda House of Assembly The Chair will now recognise the Minister for Health and Seniors from constituency 19, Jeanne Atherden.
Hon. Jeanne J. Atherden: Mr. Speaker, I only have a few words to say on this matter. I think, from my perspective, it is just to make sure that everybody understands that when the Mini ster is trying to accomplish what he said at the outset, which was to try and make sure that when it was all done there was no . . . it was balanced off so that by and large the Government got the same amount of revenue that it had before. I realised, and we all rea lised afterwards, that one of the impossibilities was to try and go through and look at the ARVs that had changed in many different directions. As the Minister said before, in the past when all you were worrying about was increasing revenues, you could go through and say, Okay, leave the ARVs, we’ll put it up by “XY” per cent, and therefore you know the extra amount of revenue that you are going to get . The dilemma and the difficulty here is because of the changes in the ARVs. And I think as people are starting to look at th em most of them will realise that they are going to have to look very carefully at the individual ARVs because they have changed. They have changed in directions that I do not think most of us would have thought of in the past. ARVs have changed on the same street, and you are actually go-ing to have to go and look at what has happened to your particular property versus what has happened on the street. I think the dilemma was how do you turn around and come up with a rate such that, all things being equal, the amount of revenue that the Gover nment was going to collect ended up being the same? So I think that was, unfortunately, what perhaps contributed to the first exercise because the numbers did come around and say that the Government had co llected the same amount of revenue that it would have collected in the past, had it not been for the change in the ARVs. Unfortunately, that was accomplished. But the other side of it, which is to go back and look at the individual changes, that was one of the things that unfortunately did not occur. So I do think that the Minister has tried to turn and look at the changes. And this rate change that is being proposed goes a long way to turn around and make adjustments for the changes in the reductions in the ARV and the reductions in the rates to try and make sure that the new rates, taken by themselves (I am not going to talk about the first half of the year, but the new rates going forward) . . . if you look at them, they are more balanced as it relates to the Gover nment collecting the right amount of revenue and ma king sure that the tos and fros of the rate changes have no affect on the Government revenue. I am sure the Minister has heard some of the concerns that you have raised about the first half and the second half, and I will let him deal with that aspect of it. [Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair]
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members that would like to speak to . . . the Chair recognises the Member from constituency 13. You have the floor.
Mr. Diallo V. S. RabainThank you, Madam Deputy Speaker. Am I the only one standing here that is abs olutely blown away with what we just heard? Am I the only one? Come on. Madam Deputy Speaker, if we are trying to do somet hing that is revenue neutral, how do we accomplish that …
Thank you, Madam Deputy Speaker. Am I the only one standing here that is abs olutely blown away with what we just heard? Am I the only one? Come on. Madam Deputy Speaker, if we are trying to do somet hing that is revenue neutral, how do we accomplish that by the people at the lower end of the band paying three times as much as what they would have paid? And the people in the upper band paying less? How do we accomplish that? It does not make any sort of sense. When I go to my constituents and they tell me, My land tax has gone from $51 to $119 . . . from $51 to $119? How is that revenue neutral? How is that . . . can anyone explain to me how that is revenue neu-tral? Revenue neutral means you put in a p ercentage and they still pay $51. That is what it means, not 120 per cent more than what they used to pay. Hon. E. T. (Bob) Richards: Point of order, point of order.
The Deputy SpeakerDeputy SpeakerSorry, your point of order? POINT OF ORDER [Misleading] Hon. E. T. (Bob) Richards: The Honourable Member is misleading the House. It is revenue neutral to the Government in aggregate, Honourable Member.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Member from constituency 13.
Mr. Diallo V. S. RabainThank you, Madam Deputy Speaker. Actually, I was hoping that they would say that. [Inaudible interjection]
Mr. Diallo V. S. RabainI was hoping that they would say that because, Madam Deputy Speaker, what we are talking about is shifting the burden to the people 1642 21 March 2016 Official Hansard Report Bermuda House of Assembly who can least afford to spend it. That is what we are talking about and …
I was hoping that they would say that because, Madam Deputy Speaker, what we are talking about is shifting the burden to the people 1642 21 March 2016 Official Hansard Report
Bermuda House of Assembly who can least afford to spend it. That is what we are talking about and that is what is happening. They can deny it, deny it, deny it, all they want. That is what is happening. This is a Government that does not care and they show it every single day. They do not care. This is a Government that does not have the people’s best interests in mind. This is a Government that stands here and says, We’re the best people to do what we need to do for this country, but, oddly enough, it continues to be on the backs of the people who can least afford it. We get this day in and day out up here, Madam Deputy Speaker. And I look at the backbench that sits over there and I ask them, are you going to continue to tolerate this mess? Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members that would like to speak to the Bill? The Chair recognises the Honourable P. J. Gordon- Pamplin from constituency 23. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, while we could hear righteous indignation …
Thank you. Are there any other Members that would like to speak to the Bill? The Chair recognises the Honourable P. J. Gordon- Pamplin from constituency 23. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, while we could hear righteous indignation coming from the other side, I think it cannot be lost on us that the Minister responsible for ensuring that we had rates appended for our new land tax bills were revenue neutral to the Gov-ernment. He also indicated in his presentation that the quinquennial review, which provided the new rates of the land tax of the ARVs, came within a period of two weeks prior to his having to place a Bill on the Order Paper in order to generate the bills that were going to be effective from the beginning of the year. The bills would have been required to go out. The bills could not have gone out at the rates that previously existed by virtue of the fact that the ARVs plummeted.
[Hon. K. H. Randolph Horton, Speaker, in the Chair] Hon. Patricia J. Gordon -Pamplin: Under normal ci rcumstances, Mr. Speaker, when you have ARVs that plummet, if it was done in an even kind of way where you could have appended a rate that would have shown what the impact was, then that could easily have been done. But what effectively happened is that rates were all over the place once the quinquennial review was actually done. So some rates, even on the same street, had no bearing on what those same rates would be on a similar house on the same street. And as a result, because we knew that time was limited and that there would be a necessity to get the bills out, given the new reduced rate ARVs, and knowing that we did not wish to lose revenue, that the intent was to be revenue neutral, the rates that were appended were, in fact, what the bills previously came out to. Now let me just say that the Minister said at the time that it was meant to be revenue neutral, and I can assure Members opposite that having a re-l ook at this had nothing to do with the fact that they very mal iciously chose to send out . . . you know infor —
The SpeakerThe SpeakerYes. POINT OF ORDER [Imputing improper motives]
Mr. E. David BurtIt is [imputing] improper motives to state that it is “malicious” to inform constituents of this country the result of a Government Bill on their poc ketbooks. I would ask the Minister to withdraw that.
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon- Pamplin: I will withdraw that comment. I will withdraw that comment. But what I want to say is that when I hear Members say the Government does not care, let me just say that when the bills came out . . . we on this …
Minister. Hon. Patricia J. Gordon- Pamplin: I will withdraw that comment. I will withdraw that comment. But what I want to say is that when I hear Members say the Government does not care, let me just say that when the bills came out . . . we on this side did not have the opportunity to look at all of the ARVs as the Honourable Member had in his . . . you know, when they looked at it. We looked at rates that were going to be tax neutral and that is what we i ntended to do and that is what was done.
[Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: When the bills went out, Mr. Speaker, we actually started to delve very deeply into, on an individual basis, the impact that these new bills were going to have. We have spoken, compared . . . which is the reason why the Honourable Member has brought this revised rates to the Honourable House so that we could recognise the fact that he indicated that there was an error —
[Gavel]
The SpeakerThe SpeakerHey, hey, hey, enough. [Gavel] Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. The Minister indicated that there was an error. He is fixing the error. To suggest that it is because we do not care about people is not only disingenuous, it is dishonest, because Honourable Members opposite …
Hey, hey, hey, enough.
[Gavel] Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. The Minister indicated that there was an error. He is fixing the error. To suggest that it is because we do not care about people is not only disingenuous, it is dishonest, because Honourable Members opposite know that we have just gone through an entire B udget Debate in which we have shown how much we do
Bermuda House of Assembly care, Mr. Speaker, to ensure that our insurance rates have not gone up, we have put more money into F inancial Assistance, we have looked at social services and impacts that will positively impact our peopl e. So there is no way, Mr. Speaker, that we will sit here and [listen to them say] that we do not care. I am not going to accept that argument, and I know that when the Minister gets back to his feet he has looked at the resolution to this matter and he will advise what that resolution is. But with that said, Mr. Speaker, I think it is i mportant for people to know that there was no mal - intent on behalf of this Government to be able to . . . to see that taxes were raised on the backs of those who could ill afford it in favour, intentionally in favour, of those at the higher bands. That was not the intent and certainly, I believe, that once we see the resol ution coming from the Minister it will be made apparent. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right . Thank you very much, Honourable Member. Do you want to speak Honourable Member? All right. The Chair is going to recognise the Honourable Member from constituency 35. [Inaudible interjections]
The SpeakerThe SpeakerYes. Well, we have got a resolution, Honour able Member. So do you really want to speak? There is a resolution. [Inaudible interjections]
The SpeakerThe SpeakerYou can speak in Committee. Hon. Dennis P. Lister: All right. You are going to move an amendment now?
The SpeakerThe SpeakerIn Committee. [Inaudible interjections] Hon. Dennis P. Lister: Okay. All right.
The SpeakerThe SpeakerIn Committee, you can have some di scussions, Honourable Member. Hon. Patricia J. Gordon -Pamplin: Exactly.
The SpeakerThe SpeakerIn the boardroom. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker, I would like to —
The SpeakerThe SpeakerIn the Speaker’s boardroom. Hon. Dennis P. Lister: All right. Hon. E. T. (Bob) Richards: Mr. Speaker, I would like to thank the Honourable Member Mr. Lister for giving way to me so we can move this forward. We seem to have come to a way how to fix this …
In the Speaker’s boardroom. Hon. Dennis P. Lister: All right. Hon. E. T. (Bob) Richards: Mr. Speaker, I would like to thank the Honourable Member Mr. Lister for giving way to me so we can move this forward. We seem to have come to a way how to fix this problem. Before we do that . . . and the way we are going to fix this is (if I might say) . . . we are going to take the Schedule that is in the Act, the (No. 2) Act, that I tabled earlier today, and we are going to use that to replace the Schedule that is in the Act that is under consideration now.
The SpeakerThe SpeakerAnd you will do that in Committee? Hon. E. T. (Bob) Richards: And we will do that in Committee, and we will insofar as . . . as Honourable Members know, the bills have already gone out and people have paid their bills, or some people anyway have paid their …
And you will do that in Committee?
Hon. E. T. (Bob) Richards: And we will do that in Committee, and we will insofar as . . . as Honourable Members know, the bills have already gone out and people have paid their bills, or some people anyway have paid their bills. We had to confer, I had to confer with my technical officers, but we believe that the ability to ad-just the rates in the second half of the year to adjust them to take into account the overcharge or under-charge because there has been overcharges —the new rates will result in overcharges and undercharges. We will make those adjustments in the bills that we send out in the second half of the year. We are going to propose that when we get to Committee. Mr Speaker, the one more thing that I wanted to say was that in spite of the adjustment with the se niors’ exemption, even though it is on the Order Paper as an amendment now, the computer programme actually made the adjustment before the bills went out so the exemptions for seniors are correct. With that, Mr. Speaker, I would like to move that we go in Committee.
The SpeakerThe SpeakerThank you. Are there any objections to that? The Bill will go to Committee so—Deputy Speaker? [Pause] House in Committee at 10:01 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL LAND TAX AMENDMENT ACT 2016
The ChairmanChairmanThank you, Members. We are now in Committee of the whole House for further consider ation of the Bill entitled Land Tax Amendment Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor. 1644 21 March 2016 Official Hansard Report Bermuda House of Assembly …
Thank you, Members. We are now in Committee of the whole House for further consider ation of the Bill entitled Land Tax Amendment Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor.
1644 21 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. You are going to have to bear with me because we are—
The ChairmanChairmanPlease take your time. Hon. E. T. (Bob) Richards: —finding which way we are going here. I would like to move all five clauses at the moment.
The ChairmanChairmanMember, I only have four clauses. Hon. E. T. (Bob) Richards: Okay, four clauses, excuse me. Clause 1 is self -explanatory.
The ChairmanChairmanAre there any objections to moving clauses 1 through 4? If we are going to have an amendment, I would rather just do the first — Hon. E. T. (Bob) Richards: Do you want to do the amendment now?
The ChairmanChairmanWe can do the citation. We can confirm clause 1. Are there any Members that would like to speak to clause 1? No. If there are no other Members that would like to speak to clause 1, Minister you have the floor. Hon. E. T. (Bob) Richards: Thank you, Madam …
The ChairmanChairmanClause 1 be approved— Hon. E. T. (Bob) Richards: I move that clause 1 be approved.
The ChairmanChairmanIt has been moved that clause 1 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 1 passed as amended.] Hon. E. T. (Bob) Richards: I would like to move clause 2. It amends section 2(b) of the principal Act to increase …
It has been moved that clause 1 be approved as printed. Any objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: Clause 1 passed as amended.]
Hon. E. T. (Bob) Richards: I would like to move clause 2. It amends section 2(b) of the principal Act to increase the land tax payable in respect of properties other than private dwellings from 5.5 per cent to 7 per cent. [Inaudible interjection] Hon. Patricia J. Gordon -Pamplin: You have the wrong Bill. Hon. E. T. (Bob) Richards: No, I do not have the wrong Bill. Hon. Patricia J. Gordon -Pamplin: No, no. You have the original Bill.
[Inaudible interjection]
Hon. E. T. (Bob) Richards: Oh, I am looking at the original Bill. [Pause]
The ChairmanChairmanMinister, please proceed. Hon. E. T. (Bob) Richards: Clause 2 amends sec tion 2(b) of the principal Act to increase the land tax pa yable in respect of properties other than private dwel lings from 5.5 per cent to 7 per cent.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clause 2? There are no Members that would like to speak to clause 2. Minister? Hon. E. T. (Bob) Richards: Clause 3, Madam Chair —
The ChairmanChairmanMinister, I would like to move clause 2 as printed. Hon. E. T. (Bob) Richards: I would like to move clause 2 —
The ChairmanChairmanIt has been moved that clause 2 be approved as printed. Any objections to that motion? No objections to that motion. Agreed to. [Gavel] [Motion carried: Clause 2 passed.]
The ChairmanChairmanMinister, please proceed. Hon. E. T. (Bob) Richards: Clause 3 amends section 3A of the principal Act, so that the special concessionary basis available to Bermudian seniors living in their own homes will provide an exemption in respect of private dwellings below the annual rental value of $44,500 (that is …
Minister, please proceed. Hon. E. T. (Bob) Richards: Clause 3 amends section 3A of the principal Act, so that the special concessionary basis available to Bermudian seniors living in their own homes will provide an exemption in respect of private dwellings below the annual rental value of $44,500 (that is in the new one, $44,500 annual rental value). So I would like to move that clause please.
Bermuda House of Assembly The Chairman: Are there any Members that would like to speak to clause [3]? The Chair recognises the Shadow Minister of Finance from constituency 18. You have the floor.
POINT OF ORDER
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, just a point of order. We are on clause 3 of the [original Bill] in front of us, which is the Land Tax Amendment (No. 2) Act 2015. That reads “In section 3A(4) of the principal Act, delete ‘$50,000’ in each place …
Mr. E. David BurtI do not believe the Honourable Minister actually moved the amendment. He read what he would like it to be, but we have to amend what the actual clause says. So I would like to move that we amend this clause by substituting $29,000 and replacing it with $45,400 —
An Hon. Member An Hon. Member[It is] $44,500.
Mr. E. David BurtLet me make sure that I get it right—$44,500. [Inaudible interjections]
Mr. E. David BurtMinister, $45,500. So I move that we strike “$29,000” and r eplace it with “$45,500.”
The ChairmanChairmanThank you. Thank you very much. Are there any objections to that amendment? If there are no objections to that motion . . . and that would be to amend clause 3, changing the “$29,000” to “$45,500.” Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion …
Thank you. Thank you very much. Are there any objections to that amendment? If there are no objections to that motion . . . and that would be to amend clause 3, changing the “$29,000” to “$45,500.” Are there any objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: Clause 3 passed as amended.]
Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move clause 4. Clause 4 repeals and replaces the table in the Schedule to the principal Act to increase the land tax rates for private dwellings as shown. but “as shown” should be the Schedule in the Land Tax Amendment (No. 2) Act 2015 where we have the rates 1.8, 3.5, 6.5, 12.0, 25.0 and 47.0.
The ChairmanChairmanEveryone should already have a copy of that in their hands because that would have been laid earlier. Are there any Members that would like to speak to clause 4, the table? Thank you. The Chair recognises the Member from constituency 18. AMENDMENT TO CLAUSE 4
Mr. E. David BurtThank you very much, Madam Chairman. And in concurrence with the Honourable Speaker and the Clerk, who said we will accept the verbal amendment, I would like to move a verbal amendment as follows. I would like to move an amendment to subst itute 1.8 with 0.8. I would like …
Thank you very much, Madam Chairman. And in concurrence with the Honourable Speaker and the Clerk, who said we will accept the verbal amendment, I would like to move a verbal amendment as follows. I would like to move an amendment to subst itute 1.8 with 0.8. I would like to move an amendment to substitute 2.5 to 1.8; to substitute 4.4 with 3.5; to substitute 6.8 with 6.5—
[Timer beeps]
Mr. E. David Burt—to substitute 11.6 with 12.0; to substitute 21.2 with 25.0; and to substitute 25.0 with 47.0.
The ChairmanChairmanThank you. Are there any Members that would like to speak to that amendment? Thank you.
Mr. E. David BurtI would like to speak to the amendment I proposed. Thank you very much, Madam Chairman. Madam Chairman, I would like to thank the Minister for agreeing to the amendment that has been offered by the Opposition. I guess to see that collaboration . . . it does seem that …
I would like to speak to the amendment I proposed. Thank you very much, Madam Chairman. Madam Chairman, I would like to thank the Minister for agreeing to the amendment that has been offered by the Opposition. I guess to see that collaboration . . . it does seem that after a week of acrimony collaboration is not dead, and I am quite certain—
The ChairmanChairmanMember, Member, I am sorry. The Chair recognises the Member from constituency 23. POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin : Thank you. I would just like to have clarity, because the Honourable Member, I believe, is misleading the House sa ying thank you for the amendment that …
Member, Member, I am sorry. The Chair recognises the Member from constituency 23.
POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin : Thank you. I would just like to have clarity, because the Honourable Member, I believe, is misleading the House sa ying thank you for the amendment that was offered by 1646 21 March 2016 Official Hansard Report
Bermuda House of Assembly the Opposition, when, in fact, that amendment is here in the new Schedule. I just wanted to find out whether this was meant to be an Opposition [Bill] or whether this was a Government Bill that has been entitled Land Tax Amendment (No. 2) Act 2015. This is a Government Bill.
The ChairmanChairmanThank you, Member. It had been raised by the Minister responsible for the Bill that we would be making the amendment. I recognise the Member from constituency 18 who is in agreement.
Mr. E. David BurtThank you very much. I was trying to bring us back from the prec ipice of partisanship, which is unusual for me standing up in this House, but the Honourable Minister of Community Affairs is trying to take me back there. Let me make very clear what this amendment does, …
Thank you very much. I was trying to bring us back from the prec ipice of partisanship, which is unusual for me standing up in this House, but the Honourable Minister of Community Affairs is trying to take me back there. Let me make very clear what this amendment does, which is different than what the Government had planned on doing. This amendment, amending this current Bill, means that individuals who have already received their land taxes —where, in some cases, it has more than doubled— will now be eligible for a refund under the new Schedule. It is different than what was tabled before, because if we had followed the plan from be-fore those rates would have been in effect and the new rates would have gone into place in July. In this case, we are doing it now. That is a difference, and I am sorry I have to explain that to the Minister. I am trying to say that I am happy that we were able to work together to ensure that especially the members in constituencies 1, 2, 4, 14 and 27 would not have to get e- mails from me tomorrow sa ying that their Members voted to increase their land taxes. I will not send them, Mr. Premier.
The ChairmanChairmanThank you, Member. The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Chairman. Just to clarify what the Honourable Member from constituency 18 just said that in July . . . yes. The Honourable Member, Mr. Furbert, says he knows. Well, he will still listen too. In …
Thank you, Member. The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Chairman. Just to clarify what the Honourable Member from constituency 18 just said that in July . . . yes. The Honourable Member, Mr. Furbert, says he knows. Well, he will still listen too. In July, some members will get rebates. Some homeowners will pay extra tax because in January the bills are out there being paid. One of the things that we had to make sure that could be done before we pushed this amendment forward was to make sure that we could rectify it in July by sending the new Schedule which we have just inserted and both sides agreed to that —so thank you for the support on that — which means in July you will pay the new Schedule, but you will also get a rebate if your tax rate went down or you will pay more if your tax rate went up. So I want to be very clear on that. The second point, Madam Chairman, that I would like to make is that this land tax has always been very progressive. The upper bands are now even more progressive. So for anyone to say that we have not taxed people who are in the upper band and should be able to pay for it . . . that is not going to be correct. Look at that Schedule of 44 [sic] per cent— that is a steep tax.
Hon. Patricia J. Gordon -Pamplin: [It is] 47 per cent. Hon. Michael H. Dunkley: Yes, 47 per cent. That is a steep increase in tax. I think this is a fair outcome all around and I hope that we can get the tax bills right when they are sent out in July because they will have to make sure the computer is set up to do it. The last thing I will say, Madam Chairman, is that I think it is a bit misleading for Honourable Mem-bers, anywhere when the y speak about this, to not say clearly that land tax bands are cumbersome and a bit complicated in themselves because there are so many different streams in there that you have to get right. For a Member to stand up and say just make it tax neutral across the board so you pay the same as you did last time or you pay the same . . .you cannot do it like that because there are over 30,000 different dwellings in there and they all have a different rate. It is a bit complicated even in the day and age of co mputers. So to go in there and just set the computer to do something like that is not going to work that simply. But I think that we found a good balance in all of this and I am glad that we have stuck to it and I am glad the Opposition seems to be supportive of this partisan approach. We could certainly lead this cou ntry in a better direction if we all take that approach. I thank the Honourable Member from constituency 18.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 4? No other Members. Minister? Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I would like to move clause 4 as amended.
The ChairmanChairmanIt has been moved that clause 4 as amended be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Bermuda House of Assembly [Motion carried: Clause 4 passed as amended.] Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move clause 5. What we …
It has been moved that clause 4 as amended be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel]
Bermuda House of Assembly [Motion carried: Clause 4 passed as amended.]
Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move clause 5. What we have in clause 5 provides for the commencement date of December 16th, 2015 [sic ]. I think we want to actually leave that date there now that we have amended the Schedule. I would like to move clause 5 which provides for the commencement date of December 2015 and that we . . . sorry, I would like to make the amendment so that the commencement date actually commences January 1 st, 2016. That is what the amendment act ually says.
The ChairmanChairmanSo it will stay as is. Are there any Members that would like to speak to clause 5? There are no Members that would like to speak to clause 5. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, those are all the clauses I believe.
The ChairmanChairmanAre we going to move that clause now? Hon. E. T. (Bob) Richards: I move clause 5, please.
The ChairmanChairmanIt has been moved that clause 5 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 5 passed.] Hon. E. T. (Bob) Richards: Madam Chairman, I move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objections to that motion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. [Motion carried: The Land Tax Amendment (No. 2) Act 2016 was considered by a Committee …
It has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel]
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman.
[Motion carried: The Land Tax Amendment (No. 2) Act 2016 was considered by a Committee of the whole House and passed with amendments.] [Pause]
House resumed at 10:16 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
LAND TAX AMENDMENT ACT 2016
The SpeakerThe SpeakerThank you, Honourable Members. The Land Tax Amendment Act 2016 has been approved as amended. Orders No. 4 and 5 are carried over. We move now to Order No. 6 which is the Supplementary Estimates in the name of the Minister of Finance, the Honourable E. T. Richards. You have …
Thank you, Honourable Members. The Land Tax Amendment Act 2016 has been approved as amended. Orders No. 4 and 5 are carried over. We move now to Order No. 6 which is the Supplementary Estimates in the name of the Minister of Finance, the Honourable E. T. Richards. You have the floor.
BILL
SEC OND READING
SUPPLEMENTARY ESTIMATE (NO. 1) 2015/16
Hon. E. T. (Bob) Richards: Mr. Speaker, we consider the Bill entitled the Supplementary Estimate (No. 1) for Financial Year 2015/16. In accordance with Standing Order 43(5), I move the Supplementary Estimate (No. 1) for Finan-cial Year 2015/16. In introducing this Bill, Mr. Speaker, let me first say that the supplementaries that we are going to discuss here this evening will in no way affect the f inancial performance of the Fiscal Year 2015/16 that we have reported to already in this Honourable House. When I gave the Budget Statement, we out-lined the performance of the Government that we ex-pected the Government to have by March 31 st of this year. All of the items that we have in these suppl ementaries this evening are included in those numbers. I want everybody to be clear that whatever we talk about here this evening is not going to be on top of what we have already disclosed and already reported to the country. I think that is the most important point here. The law requires us present these supplementaries. I 1648 21 March 2016 Official Hansard Report
Bermuda House of Assembly think that is a good thing, but we need to know in what context these supplementaries stand. We have had supplementaries here but we have also had savings elsewhere in Government to offset many of these supplementaries, and therefore I think the supplemen-taries total $25.5 million, but there are many savings that offset a lot of this and we get to the numbers that we reported to the House on budget day. I wanted to say that. Mr. Speaker, this Schedule identifies nine items totalling $26,359,317 included in Supplementary Estimate (No. 1) for the 2015/16 Financial Year made up of $25,509,317 on current account and $850,000 on capital account. Honourable Members will note in respect of the total of $26,359,317 supplementary [that] $19.718 million is anticipated to be a technical supplementary. A technical supplementary indicates that the requir ement for additional funding can be met within the original appropriated estimates. However, it cannot be transferred since they are appropriated within another Ministry and/or capital account. Honourable Members are aware that the Ministry of Finance has introduced enhanced ongoing budget monitoring and control exercises. This process includes quarterly reporting to Cabinet on the overall financial performance of the Government’s expendi-tures and revenues. In the course of the Ministry’s budget monitoring and the control exercises they r eported to the Ministry of Finance additional expenditures included in this Supplementary Estimate. Due to these above budget expenditures, Cabinet instituted several cost -saving measures in order to remain as close as possible to the Gover nment’s 2015/16 total budget appropriations of $1.151 billion. These measures were appropriately impl emented and have had some success in holding total expenditures close to the total budget allocation. It was because of this intervention and efforts that the total actual current and capital expenditures for this year should come in very close to the $1.151 billion appropriated in the budget. Honourable Members will recall that the crit eria for determining debatable supplementary est imates requires all items in the current account to be debated if the total current account spending of a Mi nistry shows an increase of greater than 10 per cent, or $250,000, when compared to the original estimate. All capital items are debatable. Supplementary Estimates 2015/16 (No. 1) is a combination of above budget and unanticipated ex-penditure items. Of the total supplementary request, approximately $6 million relates to support for financial assistance; $2.35 million to provide for additional legal aid costs; $2.1 million to provide for additional overtime for corrections officers; $5.7 million for the Minist ry of Tourism Development and Transport departments which is to provide additional overtime, air-line revenue guarantees, fuel costs, and contracts; $5.5 million for the Ministry of Public Works to cover legal settlement costs, overtime, and recycling plant operations; and $2.1 million for the Ministry of Educ ation as school consolidation savings were not achieved and additional funding was required for the Berkeley Institute operational grant and paraprofes-sionals for all schools. The total current account spending for 2015/16 is forecasted to be $921.8 million, or $9.1 million (or 1 per cent) higher than the original budget of $912.7 million. On the capital account, $0.4 million relates to grant funding to support improvements to the Ocean View Golf Course building, and $0.45 million for the inspection structural assessment and design for r emedial refurbishment works to the swing bridge in St. George’s. The total capital account spending for 2015/16 is forecasted to be $57.3 million or $11.4 mi llion (or 16. 6 per cent) below the original budget of $68.7 million. Applying the criteria I have just described, all seven items on the current account and both capital account items are debatable. I would therefore move approval for the items as follows —I guess we w ill talk about these in Committee with the individual Mini sters—current account one through seven, all deba table; capital account eight and nine, all debatable. Thank you.
The SpeakerThe SpeakerThank you, Honourable Minister. You have just moved now — [Inaudible interjection]
The SpeakerThe SpeakerAny objections to us going into Committee to discuss these supplementary estimates? There are none. I ask that the Deputy [Speaker] please take the Chair [of Committee.] [Pause] House in Committee at 10:25 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL SUPPLEMENTARY ESTIMATE (NO. 1) 2015/16
The ChairmanChairmanThank you, Members. We are now in Committee of the whole [House] for further discussion of the Bill entitled Supplementary Estimate (No. 1) for Financial Year 2015/16. I call on the Minister. We will do each Head of expenditure in turn. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. …
Thank you, Members. We are now in Committee of the whole [House] for further discussion of the Bill entitled Supplementary Estimate (No. 1) for Financial Year 2015/16. I call on the Minister. We will do each Head of expenditure in turn.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman.
Bermuda House of Assembly The first Ministry is the Ministry of Finance. The amount of the supplementary is $550,000 —Head 11, Accountant General, $550,000. As the employer, the Government matches its employees’ contributions to Government Employees Health Insurance fund (GEHI). This fund utilises the contributions to pay health claims of Government employees, retirees, and enrolled dependents, certain uniformed services, Bermuda Police Service, prison officers, and Bermuda Regiment. In an effort to meet budgetary targets, it was announced in the 2015/16 Budget Statement that uniformed officers would be required to pay 50 per cent of their GEHI health insurance premiums, consistent with other public officers, saving about $2 million. His-torically, the employee portion of their contribution had been borne by the Government in addition to the matching employer amount. Agreement to com mence payroll deductions was not reached and the employee share continued to be borne by the Government for the year ended March 31, 2016. This has resulted in a $1.8 million projected overspend versus budget in GEHI contribu-tions. This over budget item has been offset by sa vings in the Ministry of Finance in payroll costs and PSSF contributions resulting in the supplementary request of $550,000 for the Ministry of Finance. Other overages in the Ministry have been offset by further savings.
The ChairmanChairmanThank you, Minister. Are there any Members that would like to speak to the Ministry of Finance—$550,000? There are no Members. I would propose, Mi nister, that the sum of $550,000 for the Ministry of F inance Head be part of the Estimates as printed. Hon. E. T. (Bob) Richards: …
The ChairmanChairmanAre there any Members that would like to speak to that? The Chair recognises the Member from constituency 18. You have the floor.
Mr. E. David BurtThank you very much. The Minister —the $550,000 for the increase in GEHI —I am assuming the only reason for that is because GEHI itself went up overall?
The ChairmanChairmanThank you, Member. Minister? Hon. E. T. (Bob) Richards: The reason was that we could not come to agreement with the Union —the P olice Association. [Crosstalk]
The ChairmanChairmanThank you. Are there any other Members that would like to speak to—the Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much. During the debate on the Heads of expenditure for the police, the Honourable Minister of National Security, when our opposite [Member] on this side had stated that there was no agreement with police, [the Minister] said that some alternate arrangement has been reached. Would the Honourable …
Thank you very much. During the debate on the Heads of expenditure for the police, the Honourable Minister of National Security, when our opposite [Member] on this side had stated that there was no agreement with police, [the Minister] said that some alternate arrangement has been reached. Would the Honourable Minister of Finance be able to shed any light on that given that we are approving a supplementary which is $550,000 of alternate arrangement?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister of Finance. Hon. E. T. (Bob) Richards: We had an agre ement with the Police Association. However, we did not agree to have them pay their share of GEHI and that is what caused this overage. We had budgeted for the fact …
Thank you, Member. The Chair recognises the Minister of Finance. Hon. E. T. (Bob) Richards: We had an agre ement with the Police Association. However, we did not agree to have them pay their share of GEHI and that is what caused this overage. We had budgeted for the fact that we would get that so that is the genesis of this. We offset it by other savings so thi s is not a su pplementary for the entire amount because we made other savings. But this is the net balance, if you like, versus the budget for the inability to get to negotiate an arrangement that the Police Association to have them pay their share of GEHI like everybody else.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 2 in the Supplementary Estimate No. 1? There are no other Members that would like to speak to Item No. 2. The Chair recognises the Finance M inister. Hon. E. T. (Bob) Richards: Thank you, …
The ChairmanChairmanWe will move the whole at the co nclusion. Hon. E. T. (Bob) Richards: We can go on to the next one, which is . . . I am not sure . . . [Crosstalk]
The ChairmanChairmanThank you. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Thank you, Madam Chairman. I am moving the first Head 87, which is Mini stry Headquarters, current account, Legal Aid for $2.35 million. Madam Chairman, in 2015 Honourable Members were requested to approve a supplementary es1650 21 March …
Thank you. The Chair recognises the Attorney General.
Hon. Trevor G. Moniz: Thank you, Madam Chairman. I am moving the first Head 87, which is Mini stry Headquarters, current account, Legal Aid for $2.35 million. Madam Chairman, in 2015 Honourable Members were requested to approve a supplementary es1650 21 March 2016 Official Hansard Report
Bermuda House of Assembly timate for the Ministry of Legal Affairs to provide for total Legal Aid expenses estimated $3,750,000 for fiscal year 2015/16. In keeping with previous years, it was recognised that additional funds were need ed to meet the entire demand of the fiscal year. For Fiscal Year 2015/16, the initial budget was $1,400,000. Be-fore making a supplemental request, a concerted effort was made to find savings from other ministerial departments with the intention of some of the funds being utilised in part by budget requirements. This underscores the fact that there were no resources available to fund actual expenditure from within the Ministry of Legal Affairs. Therefore, in D ecember 2015, $2,350,000 was granted to satisfy that request thus covering the shortfall amounting to the total $3,750,000 for the 2015/16 Fiscal Year. Madam Chairman, to further contextualise this trend with respect to the preceding 2014/15 Fiscal Year, the total fiscal year actual expenditure was $3,747,000. It is necessary to keep in mind that Legal Aid payments are statutory payments due to inherent unpredictability of demand the scheme is typically budgeted below actual expenditure in the beginning of each fiscal year in anticipation of supplemental budgeting. It is noteworthy that actual Legal Aid expend iture was $2,491,546 in fiscal period 2008/09 and has ranged between that low up to as high as $5,140,610 for 2011/12. Over the years the figures reveal that the fiscal unpredictability of the scheme includes periods of relative consistency from year to year. The bulk of increases are ordinarily the result of escalation of funding for criminal matters. This trend comes as no surprise given the correlation within all jurisdictions between a rise of c rime. It is also noteworthy that the average cost of each legal aid matter decreased from $8,064 in 2013/14 to $6,709 in 2014/15. This reduction in aver-age cost reflects systematic efforts in cost contai nment, most notably the effectiveness of increased utilisation of brief fees in criminal matters, particularly with respect to Supreme Court trials. Fiscal challenges are exacerbated by the rel atively limited cost recovery of contributions. This amounts to less than 1 per cent, so there is very li mited recovery from persons. It is very difficult because we have no way of controlling these or predicting exactly what they are going to be in any given year. It is hoped that with the criminal justice reforms that are being passed that in the future it will lessen the costs. We have taken steps to streamline the criminal justice system including such matters as doing away with preliminary inquiries, which have been done away in other countries like the UK over 20 years ago. Thank you, Madam Chairman. The Chairm an: Thank you. It has been proposed the sum of $2.35 million for Head the Ministry of Legal Affairs stand part of the Estimates as printed. Are there any Members that would like to speak to [that]? The Chair recognises the Member from constituency 36. Y ou have the floor.
Hon. Michael J. Scott: I am grateful, Madam Chai rman. The estimate for this budget year is indicated as $2,892,000. I hear the Honourable and Learned Member and attorney indicate that criminal cases are the ones that burden the Legal Aid fund most perni-ciously. I note that there were 209 criminal matters last year —sum total 323 matters combined civil matters, criminal matters and matrimonial matters. But listening to the explanation of my learned and honour-able friend, it seems a most confused picture, and I recall when I sat in that seat and the challenges that Legal Aid were facing us with at a time when really we were having multiple cases —we had a spike and the Legal Aid fund was being underfunded. But there is . . . recently, and certainly last year it was relatively quiet. I am trying to understand the rationale for moving from the revised estimate of $2.8 million to this additional supplementary given that crime which is the most pernicious burden on the fund cannot be anticipated in 2016 to be—unless you know something that you have not shared with the House—it cannot be anticipated to be much more in 2016. So I am looking for the rationale for a further supplemental to deal with this. I have had —thanks to my honourable and lear ned colleague sharing with me with explicit reference some of the changes that are going on over at Legal Aid. They need a more secure office —but that is quite separate from this Legal Aid funding to meet statutory obligations of largely, as we said, of funding criminal litigants in our courts. I know that my honourable and learned friend just read a brief, but I am still at a bit of a loss as to what is driving an additional supplemental. Let me say that I see that Legal Aid budgets have been in the area of $4 million. We have only $2 million revised. Are we really bringing, therefore, the 2016 budget for covering cases —largely criminal cases —up to $4 mi llion? I would like clarity. Thank you.
The ChairmanChairmanThank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Thank you. Thank you, Madam Chairman. In overall, I cannot disagree with what the Shadow Attorney General says. There has been a chronic issue with under budgeting for Legal Aid. It is only a partial explanation that …
Thank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Thank you. Thank you, Madam Chairman. In overall, I cannot disagree with what the Shadow Attorney General says. There has been a chronic issue with under budgeting for Legal Aid. It is only a partial explanation that we do not in any given year what it is going to be —there has been quite a range. Certainly, in recent history we always know it is
Bermuda House of Assembly going to be above the amount that we have budgeted. So there is an issue there. There have been a number of proposals put forward for economising Legal Aid. As I said in the brief, they have been using brief fees rather than a pure hourly rate in order to lessen the load, and that is imported from the British model. There have been a number of proposals put forward. Members will be aware that I put forward the criminal justice reforms which although (as you have used the phrase) they are bulk standard everywhere else, it seemed to be a great sort of shock to Bermuda, and it had a lot of r esistance from people who should know better. But that was an attempt to streamline the criminal justice sy stem and reduce it. I did not get it moving early enough in the year for it to make any major effect in this past year’s budget. I hope it will take more of an effect in the com-ing year’ s budget. I have been pressured within the Ministry to hire public defenders who are Government employees. I have resisted that because I have felt that a vibrant criminal bar is good for Bermuda. So I have resisted that approach. But unfortunately, I have not been able to make the savings to date that I have hoped to make. I hope that we will be making savings, but what the Member said is true in the sense that we should be able to budget these matters better. I hope the Honourable Member will accept that.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 1? Thank you. The Chair recognises the Member from constituency 6. You have the floor. Hon. Wayne L. Furbert: Madam Chairman, it is clear that the department has been underfunded every budget year. They were …
Thank you. Are there any other Members that would like to speak to Item No. 1? Thank you. The Chair recognises the Member from constituency 6. You have the floor. Hon. Wayne L. Furbert: Madam Chairman, it is clear that the department has been underfunded every budget year. They were underfunded in 2014/15—
[Inaudible interjection]
Hon. Wayne L. Furbert: It has been underfunded. That is right. You look at 2016, next year, there will be more supplementaries because the Government has come down and put some unrealistic number. They have been seven million dollars for the last two years and it goes down to six [million] where are the numbers going to change. It is going to be up again next year. We talk about that in some other Ministry. We just under budgeted the items. It is clear. Unless the Minister does something different as he is talking about bringing some other —doing something different within his department and maybe bringing some pe ople who are doing work for the Government itself within the Ministry, it is going to be the same. I am not surprised. We are going to be here again next year. The Minister will be here probably bringing that number again, another $1 million or $2 million again next year. That is what is expected. It is underfunded.
An Hon. Member An Hon. MemberUnder budget.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to Item No. 1? Thank you. The Chair recognises the Member from constituency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. I certainly am grateful for the candour of the learned attorney. This is a statutory. …
Thank you, Member. Are there any other Members that would like to speak to Item No. 1? Thank you. The Chair recognises the Member from constituency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. I certainly am grateful for the candour of the learned attorney. This is a statutory. I recognise —we all recognise—that this is a statutory requirement for any democracy that we make accessible to citizens — the ability to fund whether it is civil, matrimonial or, more importantly, criminal matters. We will seek to keep resolving this and improving it. Thank you.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to Item No. 1? No? No other Members would like to speak to Item No. 1. We will move to Item No. 3—the Ministry of Education. It has been proposed that the sum of —oh, please proceed …
Thank you, Member. Are there any other Members that would like to speak to Item No. 1? No? No other Members would like to speak to Item No. 1. We will move to Item No. 3—the Ministry of Education. It has been proposed that the sum of —oh, please proceed and then I will pick it up.
Hon. R. Wayne Scott: Thank you, Madam Chairman. Of course, as we know education plays a fundamental role in human socioeconomic development of any country. This is no different for us here in Ber-muda. As such, education is an investment in that our children are the ones who will be our future leaders of Bermuda. In this regard, Madam Chairman, a suppl ementary of $2,147,541 is required to ensure that the Ministry of Education fulfils its responsibility as set out in the Education Act 1996 for the 2015/16 Fiscal Year. Simply put, Madam Chairman, the Depar tment of Education was allocated an original budget estimate of $109,902,387 for 2015/16 Fiscal Year. Subsequently, this amount was reduced to $107,583,937, or a difference of $2,318,450. The bot-tom line is we needed our original budget.
The ChairmanChairmanThank you, Member. Are there any Members —it has been pr oposed that the sum of $2,147,541 for the Ministry of Education stand part of the estimate as printed. Are there any Members that would like to speak? The Chair recognises the Member from constituency 3. Ms. Foggo, you have …
Ms. Lovitta F. FoggoWell, I basically want to echo the sentiments and comments made during the proper Budget Debate which is that we see a recurring trend 1652 21 March 2016 Official Hansard Report Bermuda House of Assembly of education being under budgeted. I —especially given what has transpired basically with the various …
Well, I basically want to echo the sentiments and comments made during the proper Budget Debate which is that we see a recurring trend 1652 21 March 2016 Official Hansard Report
Bermuda House of Assembly of education being under budgeted. I —especially given what has transpired basically with the various reports that the Ministry of Education has ordered to be done and we are looking at things that will need to be done— both in terms of staffing as well as the physical structure of buildings —I would caution the Minister that we must take a more realistic approach in terms of putting budgets together to ensure that our schools are adequately equipped and they have the proper resources. When you look, for instance, at the parapr ofessionals, the Minister who did a great job of giving his brief highlighted the fact that indeed Members like that were much needed in our school system today. Yet, we saw in 2015/16 where the [paraprofessional] numbers were dropped down to 89 and then they had to revise it again back up to 92. But it still fell short. The three staff members of what was before. I am saying to the Minister that in situations like that those types of conditions make for a situation where, again, next year we may be coming back and looking for more funding because of the need for those types of professionals within the school system. The other argument that went out there in terms of consolidating schools, all I can say is this, Madam Chairman, is that as was done with the SCORE Report, Minister, going out there and doing the research and the feasibility studies, whatever you want to call it, first will allow you to put a proper plan together so you do not find yourself in a situation where you have to move back from a position that you were hoping to take. That being said, I will take my seat.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 3? The Chair recognises the Member from constituency 6. You have the floor. Hon. Wayne L. Furbert: Madam Chairman, I must say I am really confused on this one. When you say that the extra …
Thank you. Are there any other Members that would like to speak to Item No. 3? The Chair recognises the Member from constituency 6. You have the floor. Hon. Wayne L. Furbert: Madam Chairman, I must say I am really confused on this one. When you say that the extra budget was $127 million and that the revised number for that same year is $124 million, where did this $2.1 [million] . . . are you saying that this revised figure is wrong here in the Budget Book?
The ChairmanChairmanThank you. The Chair recognises the— Hon. R. Wayne Scott: Point of clarification.
The ChairmanChairman—Minister of Education. POINT OF CLARIFICATION Hon. R. Wayne Scott: The original budget that was passed for last fiscal year was $109.9 million (approximately). It was revised to $107.6 million (ap-proximately) because you had funds that were frozen for voluntary early retirement and such. However, as we went through in …
—Minister of Education.
POINT OF CLARIFICATION Hon. R. Wayne Scott: The original budget that was passed for last fiscal year was $109.9 million (approximately). It was revised to $107.6 million (ap-proximately) because you had funds that were frozen for voluntary early retirement and such. However, as we went through in the Budget Debate there were charges that were put against the budget —as an example a $1 million charge for school consolidations, and such. What I am saying is that we are doing a supplement for $2.1 million (approximately) because the budget was reduced by $2.3 million and we actually needed our original estimate to fulfil the obligations that we had, but because it was reduced down we have to do the supplement. Overall, we are still spending approximately the same original budget that we passed last year.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 3? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Madam Chairman, I have been able to tie most of these supplementaries into the revised amount one way or the other. It …
Thank you. Are there any other Members that would like to speak to Item No. 3? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Madam Chairman, I have been able to tie most of these supplementaries into the revised amount one way or the other. It is just that this particular amount for the Education, I have not. That means, if that is the case, if it is not accounted for in the revised figure, then the total amount of $109 [million] is up by $2.1 million. Is that correct? Either the Minister of Finance or the Minister of Education can answer that question.
The ChairmanChairmanThe Chair recognises the — [Inaudible interjections] Hon. Wayne L. Furbert: It is not in here. If it is not in here that means that the total amount is higher even still. The Chair man: The Chair recognises the Minister of Education. Hon. R. Wayne Scott: Just for clarification, no, …
The Chair recognises the —
[Inaudible interjections] Hon. Wayne L. Furbert: It is not in here. If it is not in here that means that the total amount is higher even still. The Chair man: The Chair recognises the Minister of Education.
Hon. R. Wayne Scott: Just for clarification, no, that is actually not the case, Member. If you look at the est imates for 2015/16, the original, it is an original budget of $109,902,387. That number was revised down (if you look at the Budget Book) by $2.3 million to $107,583,937. The total amount that we have spent is just under the $109,902,387 amount. So we are talking about a difference of $150,000, approximately, that we spent less than the original budget of $109,902,387.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 3? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much, Madam Chairman. Bermuda House of Assembly Madam Chairman, just taking off my Shadow Minister of Finance hat for a second and putting on my hat as Chairman of the Public Accounts Commi ttee, it is quite shocking to hear the Honourable Mini ster of Education say …
Thank you very much, Madam Chairman.
Bermuda House of Assembly Madam Chairman, just taking off my Shadow Minister of Finance hat for a second and putting on my hat as Chairman of the Public Accounts Commi ttee, it is quite shocking to hear the Honourable Mini ster of Education say that in the end we needed our original budget. I do not think that cuts it. The fact is that budgets are a serious matter and the Minister of Finance knows that budgets are a serious matter. The thing is that if there is a budget that is unrealistic and that is presented to this House, it is the people of this country [that are] dis -serviced and this House that is dis-serviced. Although the Minister might be trying to make a joke, these are very serious matters here. We have to make sure that our budgets —
Hon. R. Wayne Scott: Point of order —
The ChairmanChairmanPoint of order. The Chair recognises the Minister of Education. POINT OF ORDER [Misleading] Hon. R. Wayne Scott: The Minister of Education was making a joke? That is misleading the House. I am very serious about the budget numbers that I am put-ting forward. I would appreciate it if he …
The ChairmanChairmanThe Chair recognises the Member from constituency 18.
Mr. E. David BurtI have no issue retracting the statement because I honestly . . . the Minister was laughing as he said it. That much being said, and you could see the looks on his front bench where people were slightly complexed. That is what happened. We saw it from here. All …
I have no issue retracting the statement because I honestly . . . the Minister was laughing as he said it. That much being said, and you could see the looks on his front bench where people were slightly complexed. That is what happened. We saw it from here. All I am saying is that budgets are serious matters and if we are going to bring budgets to this House as we hav e seen in the past as there are Public Accounts Committee reports on the table to debate which speak about budgets that may not be realistic being submitted to this House, it is important that we get it right and we are not putting in fanciful numbers inside of a budget so a Minister will come back and say, Well, in the end we needed our original budget . Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 3? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Yes, the bottom line, Madam Chairman, is that I really do not understand. “Suppl ementary” means that you spend more than what …
Thank you. Are there any other Members that would like to speak to Item No. 3? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Yes, the bottom line, Madam Chairman, is that I really do not understand. “Suppl ementary” means that you spend more than what you have budgeted for, correct? So if the total amount was $127 million budgeted for and given approval for by this legislature, and we are down to $124 [million] and now he is saying he wants to go back to his $109 [mi llion] that is what was given him . . . how do we have a supplementary of $2 million? That is where my conf usion is. It is not making sense because at the end of the day I do not think it was the Minister of Finance that revised the figure down. It must have been sent by the Ministry itself that said — Hon. R. Wayne Scott: Point of clarification.
The ChairmanChairmanPoint of clarification. The Chair recognises the Minister of Education. POINT OF CLARIFICATION Hon. R. Wayne Scott: I understand the confusion. The amount was reduced to $107 [million]. And that was not done by the Ministry of Education; that was done by the Ministry of Finance as a result of …
Point of clarification. The Chair recognises the Minister of Education.
POINT OF CLARIFICATION Hon. R. Wayne Scott: I understand the confusion. The amount was reduced to $107 [million]. And that was not done by the Ministry of Education; that was done by the Ministry of Finance as a result of money frozen in the voluntary early retirement. So there was money that was f rozen, and then it was reduced down. The supplementary is necessary as per our financial instructions.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 3? There are no other Members that would like to speak? Hon. Wayne L. Furbert: Yes, I, I—
The ChairmanChairmanThe Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: The Premier said I am a little slow. But Premier —
The ChairmanChairmanPlease speak to the Chair. Hon. Wayne L. Furbert: Madam Chairman, i f this House approved $127 million for Education last year, and the revised figure is down to $124 million that means that you spent less. Now you are asking for a supplementary on top of what? The revised …
Please speak to the Chair.
Hon. Wayne L. Furbert: Madam Chairman, i f this House approved $127 million for Education last year, and the revised figure is down to $124 million that means that you spent less. Now you are asking for a supplementary on top of what? The revised figure? Or the budget figure for $127 [million] for 2015/16? B ecause that is what was approved. How do you get a supplementary . . . therefore the total is $130 million for the budget?
The ChairmanChairmanThank you. The Chair recognises the Minister of Educ ation. Hon. R. Wayne Scott: Okay, I am going to try to break this down a little bit differently for our accountant Member over there. 1654 21 March 2016 Official Hansard Report Bermuda House of Assembly I am going to last …
Thank you. The Chair recognises the Minister of Educ ation. Hon. R. Wayne Scott: Okay, I am going to try to break this down a little bit differently for our accountant Member over there. 1654 21 March 2016 Official Hansard Report
Bermuda House of Assembly I am going to last year’s Budget Book, page B-102, if you have your book, and it actually shows that just for the Department of Education (not the overall Ministry of Education) we approved a budget of $109.902 million. If we go to our current Budget Book, we see that that original estimate has a revised estimate of $107 [million]. Because of that revised estimate I actually have to do a supplementary for that $2 million because the budget was revised down by $2.3 million and we are doing a supplement for $2.1 [million].
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 3? There are no other Members that would like to speak to Item No. 3? Hon. Wayne L. Furbert: Madam Chairman—
The ChairmanChairmanThe Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I am looking at my two friends over there who are accountants. If the budget was $109 million, and you are coming to me for a supplementary for $2 million, the revised figure goes down to $107 million …
The Chair recognises the Member from constituency 6.
Hon. Wayne L. Furbert: I am looking at my two friends over there who are accountants. If the budget was $109 million, and you are coming to me for a supplementary for $2 million, the revised figure goes down to $107 million and then you are telling me you want a supplementary on the revised figure . . . I al-ready approved $109 million last year. What am I get-ting a supplementary for? Can the Ministers, my good friends who are accountants, and the Minister of F inance and my good friend the Honourable Grant Gi bbons who understands numbers, too, explain that to us on this side? Because it is not making any sense. You come back for a supplementary for a r evised figure. You already [were approved for] $109 [million], so you can spend $109 [million] up to March 31 st. Please explain that. I cannot be approving something that I have already approved. I am asking the honourable two learned leaders to stand up and explain to me, the Minister of Finance —and the Mini ster of Economic Development, and the Premier hi mself who wanted to open his mouth a few minutes ago— explain to us what he means —
The ChairmanChairmanMember, Member. Hon. Wayne L. Furbert: The Honourable Member, I said the Premier, explain to us what does that mean, because it does not mean anything to me. I cannot be approving something that is already approved. Hon. R. Wayne Scott: Point of clarification.
The ChairmanChairmanThank you. The Chair recognises the Minister of Education. POINT OF CLARIFICATION Hon. R. Wayne Scott: I am going to do this another way. I am going to take our current Budget Book 2016/17, and I am going to turn to page B -109 for the Member. If we look …
Thank you. The Chair recognises the Minister of Education.
POINT OF CLARIFICATION Hon. R. Wayne Scott: I am going to do this another way. I am going to take our current Budget Book 2016/17, and I am going to turn to page B -109 for the Member. If we look on page B -109, under Head 17 it has an original budget that we all passed in the House for $109 million. The next line over which says 2015/16 revised is $107 million. Our expenditure was $109 million, but because it was revised in the Budget Book that is a requirement that we have. Therefore, I am here doing this.
The ChairmanChairmanAre there any other Members that would like to speak to Item No. 3? There are no Members that would like to speak to Item No. 3. We need to move to Item No. 4, Ministry of Tourism, Development and Transport. Hon. Wayne L. Furbert: Hold on a minute, Madam …
Are there any other Members that would like to speak to Item No. 3? There are no Members that would like to speak to Item No. 3. We need to move to Item No. 4, Ministry of Tourism, Development and Transport.
Hon. Wayne L. Furbert: Hold on a minute, Madam Chairman, point of order. Those Honourable Members are sitting there in their chair. They know the Minister is wrong. They know the Minister is wrong. What are we approving , Madam Chairman? What are we approving? This is not kindergarten. These are numbers. The numbers say that we have approved $109 million and you want $2 million more for the revised figure of $107 million. I gave you $109 million. What else do you want?
[Inaudible interjection]
Hon. Wayne L. Furbert: Absolutely right. But I am not approving a supplementary for a number . . . you messed up the Minister of Finance’s numbers. R equirement for what? The Minister . . . maybe the front section needs to take the Chair. But we cannot be . . . it is not right, Madam Chairman. Do you understand, Madam Chairman, what I am talking about?
The ChairmanChairmanI understand— Hon. Wayne L. Furbert: If you had $10, I gave you $10 to go buy a loaf of bread—
The ChairmanChairmanDo not ask me. This is for the Minister to answer. Hon. Wayne L. Furbert: But I am asking you, if I gave you $10 for a loaf of bread —
Some Hon. Members Some Hon. MembersDo not ask the Chair. Hon. Wayne L. Furbert: You go and find a loaf of bread for $8, and then you come back to me and say that you want $2 more. I gave you $2. You already have the $2. [Inaudible interjections] Bermuda House of Assembly Hon. Wayne …
Do not ask the Chair.
Hon. Wayne L. Furbert: You go and find a loaf of bread for $8, and then you come back to me and say that you want $2 more. I gave you $2. You already have the $2.
[Inaudible interjections]
Bermuda House of Assembly Hon. Wayne L. Furbert: That was approved. Tell me why I need to approve another $2 for you. That is $12. So let’s not . . . this is not Mickey Mouse. Somebody has to explain to this Honourable House what we are doing. If we want to leave this part aside and come back next quarter and explain it . . . but somebody is messed up, and if my three intelligent people on that side, Grant Gibbons, the Honourable Finance Mini ster, and then my two accountant friends and the Member that works in Engineering, I am talking about the front bench now, [they know that] what I am talk-ing about is right. But the Minister of Education . . . no wonder we are getting it wr ong on education, our math wrong in school. Hon. R. Wayne Scott: Point of order. This man is an accountant and does not understand that we are tr ying to change the estimate? The Chairman: Member, Member. The Chair recognises the Minister of Education. Hon. R. Wayne Scott: Let me say this slower for the Member. We had a $109 million approved. The Mini stry of Finance froze $2.3 million of that, thus it shows up as a revised estimate. I have been told by the Ministry of Finance that we have to do a supplement for that. I asked the same question, Honourable Member, and I am not an accountant. But I asked the same question. This is the procedure and we are not spending over the $109 [million], so clearly there should be no disagreement.
The ChairmanChairmanAre there any other Members that would like to speak to Item No. 3? There are no other Members that would like to speak to Item No. 3. We will move to Item No. 4 under the Supplementary Estimate (No. 1) for Financial Year 2015/16. I call on the Ministry …
Are there any other Members that would like to speak to Item No. 3? There are no other Members that would like to speak to Item No. 3. We will move to Item No. 4 under the Supplementary Estimate (No. 1) for Financial Year 2015/16. I call on the Ministry of Tourism, Development and Transport.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, the Ministry of Tourism, Development and Transport has five departments i ncluded in Supplementary [Estimate] No. 1 for the F inancial Year 2015/16. In the case of the Department of Marine and Port Services, Head 30, the unbud-geted sum is in the amount of $1,617,886. The D epartment of Airport Operations, Head 31, the unbud-geted sum is the amount of $1,100,000. For the Transport Control Department [TCD], Head 34, the unbudgeted sum is $492,000. For the Department of Public Transport, Head 35, the unbudgeted sum is the amount of $2,326,000 and in the case of the Ministry Headquarters, Head 48, the unbudgeted sum is in the amount of $900,000 which is made up of two pieces. One is $500,000 for the current expense and then we will get to it (I guess later on) $400,000 for capital. Let me start, Madam Chairman, with Head 30 which is Marine and Ports. The original financial year 2015/16 current account estimate for the Department of Marine and Port Services was $19,727,000. The supplementary estimate of $1,617,886 represents 8.2 per cent of that original estimate. Madam Chairman, while every effort was made to avoid operations incurring overtime, invari ably overtime work is required in order to avoid service interruptions in short notice. Boat crews and/or m echanics receive certain premiums assigned by the BIU Collective Bargaining Agreement and crews must sometimes be called in on rest days to operate ser-vice vessels due to crew sickness or leave in order to maintain scheduled public transport services. Some 65 full -time staff and 6 part -time staff assist with the operations of the Sea Express ferry service supporting the Government’s marine transportation programme which benefits local commuters and visitors to our Island alike. This is down from 71 staff in 2013/14. The services operations are highly seasonal requiring additional staff in summer to assist cruise ship passengers, processing at the Dockyard and Hamilton ferry stops where high passenger volumes are en-countered. Madam Chairman, the department is extremely diverse and one section in particular operates 24 hours per day every day of the year. Most of us only recognise the ferry service. However, there are other aspects of the department which require overtime payments in order that our shipping lifeline can be maintained. These are the tug and tender service and the aids to navigation service. It is to be noted, Madam Chairman, that these sections have had to provide additional man hours to support the realig nment of the North Channel (that is the dredging out there) and the landfill project in the South Basin during this fiscal year. As such, the department is requesting an additional $707,886 to cover overtime costs to the end of this fiscal year. Based upon this synopsis, the total overtime cost for the department is expected to be $1.5 million versus an initial 2015/16 budgeted amount of $792,000. Madam Chairman, fuel costs for the entire Marine and Ports fleet was budgeted at $2.2 million for the year and the estimated budget expenditure is $2.95 million which results in $750,000 of anticipated over expenditure. The department continues to look at innovative ways of trying to save on fuel cost s while still trying to provide required services to our local community and international shipping. Madam Chairman, in support of the Dockyard West End operations, the department rents buildings and dock space from the West End Development Corporation (W EDCO). The landlord/tenant agre ements are negotiated and managed by the Estate Section of the Ministry of Public Works and the de1656 21 March 2016 Official Hansard Report
Bermuda House of Assembly partment’s 2015/16 allocation for rent was insufficient to cover the cost as stipulated in the agreement. Therefore, the department requires an additional $160,000 in order to honour their obligations in the agreement. Madam Chairman, the 2015/16 suppl ementary estimate for Head 30 is therefore $1,617,886. Moving on to Head 31, Airport Operations. The Bermuda Government continues to engage in Minimum Revenue Guarantee amendments (MRGs) in order to support its air services development initia-tives. The fiscal year April 1, 2015 through March 31, 2016 there were two such agreements for which the Government was liable and required to s upplementary estimate. The Minimum Revenue Guarantee Agre ements were approved by Cabinet and this compares favourably to the previous fiscal year when the Ber-muda Government was engaged in a total of three Minimum Revenue Guarantee Agreements. This r educti on is in keeping with this Government’s objective to minimise or outright eliminate the use of such agreements for any one service. Madam Chairman, historically new airline routes have taken about three years to become finan-cially viable. However, with reduced capacity and the lure of more attractive routes elsewhere, airlines are loath to continue allocating aircraft and resources to an underperforming or low -profit route. As such, MRG agreements have become a corrective of sorts for lei-sure routes with airlines increasingly calling upon v acation destination throughout the Caribbean and North America to share an underwriting of financial risk. While there has been positive growth in rev enue performance, the flight covered under the first agreement has yet to reach the profit and revenue levels realised by the airline elsewhere throughout its route network. Madam Chairman, much of this has to do with the seasonal paradigm in which air service in Bermuda continue to operate. Revenue performance is positiv e during the summer peak season while oper ational losses are incurred during the slow winter period. Hence, the importance in realising that Bermuda Tourism Authority’s targeted objective to grow visitor demand during the shoulder months. In accordance with the terms and conditions of the first agreements, airlines have invested financial and in- house resources over the period to support the service and has in the past committed to creating i ncentives for local travel agents to book passengers on its flights. Madam Chairman, despite the efforts of this Ministry and the BTA to increase visitor traffic, Ber-muda’s air services are dependent on the strength of three core passenger market segments —namely, le isure, business and residential. While the latter two have weakened somewhat due to the residential market segment specifically has been the hardest hit due to decline in expatriate workers who largely helped to drive traffic on certain routes for trips back home and ensuing visits to the Island by their friends and family members. It is anticipated, however, that once all three travel market segments are strengthened and the service covered under the first agreement realises its performance target in any one given year, the airline will not seek Government’s participation in an MRG for the respective following year. In the meantime, Bermuda remains a non- profitable destination for the respective airline in the absence of financial support by the Government thereby rendering the service at risk without a Minimum Revenue Guarantee in place. The Ministry’s objective of having a diverse mix of carriers competing on routes to and from Bermuda is critical to ensuring that airfares remain affordable. Madam Chairman, the second Minimum Revenue Guarantee Agreement is subject to a sup-plementary estimate should a payout become neces-sary. For the period April 2015 to October 2015, a payout to the airline was required. Madam Chairman, it has long been a pr imary objective of the Bermuda Government to secure direct air services that would open up convenient connec-tions to destinations throughout North America and the rest of the world, thereby satisfying an often stated need for both leisure and business trav ellers. To mitigate the financial and opportunity risk of maintaining service to Bermuda, the airline r equested an MRG agreement whereby if the total rev enue for any given year fell below the minimum rev enue requirement, the Bermuda Government would be liable to compensate the airline for the shortfall. It is expected that with the benefit of an MRG agreement the flight will continue to provide convenient connec-tions to numerous destinations thereby making it a critical air service that supports our standing of tourism and international business jurisdiction. Additionally, it is projected that the flight will now reach its per-formance target following this payout thus negating the need for continuation of the MRG support. Madam Chairman, during the budget debate presentation for Head 31, the former Minister of Tour-ism, Development and Transport advised Members that the funding for MRGs has been included in the current account budget for the 2016/17 year rather than accounting for MRGs as a contingent liability. Therefore, with this budgeting adjustment there is a much reduced likelihood for a requirement for supplementary funding for MRGs for the coming 2016/17 year. Madam Chairman, the 2015/16 supplementary estimate for Head 31 is $1,100,000. Moving on to Head 34, Transport Control D epartment. Madam Chairman, the original estimate for the Transport Control Department was $5,205,000. The supplementary estimate of $492,000 represents 9.4 per cent of that original estimate. The majority of this amount will be used to cover operational costs for the last quarter of the current fiscal year and in that regard the sum of $464,000 will be used for the vehiBermuda House of Assembly cle inspection g programme which is currently contracted out to a private sector entity. Madam Chairman, this contractual arrangement has been in place since 2008. During the current fiscal year, the Transport Control Department was allocated $1,680,937 to support the operations of this public service. This sum was lower than the current annual contracted cost to the service. It was thought that potential operational savings and internal reall ocations would have offset this shortfall. That did not materialise and therefore a supplemental sum of $464,000 is required. Madam Chairman, the previous administrati on established this programme of vehicle inspection and testing back in 2008 and at that time it was decided to secure the services of a private sector contractor to manage and operate this programme in a purpose-built facility. At the time, it was anticipated that there would be a five- year contract with a view that the pr ogramme would be returned to the core operations of and run by the Transport Control Department. Madam Chairman, the Transport Control D epartment recently issued a request for proposal f or vehicle inspection and testing services and a recommendation will be made to Cabinet seeking their approval in an agreed way forward in the very near f uture. This department seeks to ensure that the tax-payers of this country receive value for money with this service. Madam Chairman, the Transport Control D epartment maintains long- term lease arrangements with the Bermuda Land Development Corporation for the South Side and the Rockaway satellite locations which were established to support the decentralised component of the vehicle examination and testing programme. The agreed uplift in the annual rental amounts was not fully budgeted for and therefore an additional $28,000 is being sought to ensure that this obligation is fully met. Madam Chairman, in summary, the suppl ementary estimate for Head 34 TCD is $492,000 and is comprised of $464,000 for the vehicle inspection and testing programme operated by a private sector con-tractor and lease payments to BLDC of $28,000. Madam Chairman, I move on to Head 35 which is Public Transportation. The original estimate for the Department of Public Transportation was $18,490,000. The supplementary estimate of $2,326,000 represents 12.89 per cent of the original estimate. Madam Chairman, $1.975 million or 89.4 per cent of the sum requested will be used to fund personnel costs for overtime. In 2015/16, the d epartment received no funding to cover overtime costs. Given the cost of present staffing levels and the add itional routes and events that the Department of Public Transportation is required to service, including sightseeing charter services and shuttles, the non- funding of overtime was an issue. Madam Chairman, the bus service includes additional routes outside of the existing schedule and these runs include school bus and additional services for the cruise ships at the Dockyard. In the aggregate, this is commonly referred to as the grey schedule which has evolved since the current bus schedule was first implemented in 1999. Much of this service is by necessity handled with overtime at premium pay. Madam Chairman, it should be noted that in 2015/16 the level of service was not reduced. Add itionally, overtime was incurred to provide cover for short -term staff as the result of sick leave and vac ation days. Bus operators were required to work additional hours to ensure continuity of our service. Madam Chairman, the Department of Public Transportation and the Bermuda Industrial Union have agreed on a new schedule with an implementation date of July 2016. Some savings in this area would be garnered through implementation of new more eff icient work rosters that align with the new schedule. Madam Chairman, in its 2015/16 original estimate, the Department of Public Transportation was provided with $1.184 million for the cost of diesel. This represented 70 per cent of the cost incurred for diesel in 2014/15 and proved to be inadequate to meet the department’s needs. An additional sum of $351,000 is requested to fund the cost of fuel to operate the bus fleet until the end of this fiscal year. Madam Chairman, the 2015/16 supplementary estimate for Head 35, Department of Public Transportation is $1,975,000 for overtime and $351,000 for fuel totalling $2,326,000. Finally, Ministry Headquarters, Madam Chairman, the original es timate for the Ministry Headquarters Head 48 was $23,510,000. The supplemen-tary estimate of $500,000 represents 2 per cent of that original estimate. This over expenditure is likely r elated to the operation of public golf courses. Madam Chairman, the board of trustees for golf courses are responsible for the management and operation of the two public golf courses, Port Royal and Ocean View. In recent years, the board has highlighted the financial challenges that it has faced with the reduction in membership and the amount of rounds played on an annual basis. The financial chal-lenges are a result of a declining income over the past five years; therefore, improved financial performance is not anticipated under the current business model. The annual grant pr ovided 2015/16 was $750,000 and, given the current financial situation, the board will require $500,000 in additional funding to cover the projected operating costs shortfall for the current financial year. This amount will bring the total annual grant closer to the equivalent level provided in 2011 of $1,373,000. Madam Chairman, I will save the part on the capital funding to the end.
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Bermuda House of Assembly The Chairman: Members, it has been proposed that the sum of $6,035,886 stand for Head of the Ministry of Tourism, Developm ent and Transport a part of the estimates as printed. Are there any Members that would like to speak to Item No. 4? Thank you. The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottThank you, Madam Chai rman. I am just wondering, when it comes to the fuel and overtime ferry services, how much of that was allocated to the Millennium for the 2015/16 year. I am just wondering if we were responsible for paying for the fuel to and/or from the Island …
Thank you, Madam Chai rman. I am just wondering, when it comes to the fuel and overtime ferry services, how much of that was allocated to the Millennium for the 2015/16 year. I am just wondering if we were responsible for paying for the fuel to and/or from the Island when it finished its service, and if the Millennium incurred any overtime on the ferry service schedule. I do not understand how we ran so far over budget if the fuel prices went down over the course of that fiscal year. If you are spending less on fuel, you should not be having a supplemen-tary for fuel if the cost of fuel went down from what you budgeted before. So is that bad budgeting? Is that just overworking the vessels, or what is going on there? Also, to give time for getting the answer to that, when it comes to the airline revenue guarantees . . . I will declare my interests. I work for an airline that services the Island here, so I understand that about not naming the airline and whatnot. But can the Government really . . . if they could really look at the proposal that I made during the regular budget debate, which was the cyclical and seasonal departure tax structure. That means that during the peak season, when airlines are making money hand over fist, they pay the full departure tax. But as we get into our off season we start to increase the amount of departure tax that is waived by the Government. Therefore, when we get to the peak of the off season for an exaggerated purpose, the ai rlines are not paying any departure tax whatsoever. So therefore they are not paying any departure tax at a time when they are bringing in the least amount of customers. So they are saving money on tickets. They can still charge the same ticket price, so that extra money that they save by not having to pay the departure tax could go right back into them as a cost saving without us, the Bermuda Government or the country, actually having to pay a Minimum Rev enue Guarantee. I understand that is how it is done in other j urisdictions. Maybe that is something that we might want to do to prevent us from having to pay a Min imum Revenue Guarantees. If they have not looked at this cyclical departure tax structure, what plans are in place to stop us from having to pay the Minimum Revenue Guarantees in the future? I think for right now, those are the . . . oh, and, once again, the fuel costs. The supplementary for the fuel costs of the public transportation. Now, the same question applies, if the fuel prices go down . . . could this be a result of poorly maintained busses? When it comes to engines, if they are not properly maintained, they lose their efficiency. When they lose their eff iciency, they lose miles -per-gallon. So instead of 12 miles per gallon of gas they might travel 6 miles per gallon of gas. Is this an indication that our busses need to be more pr operly maintained? I will just take my seat while I get —
The ChairmanChairmanThank you, Member. The Chair recognises the Minister from constituency 22, Dr. the Honourable. E. G. Gibbons. Dr. the Hon. E. Grant Gibbons: Do you want to take—
The ChairmanChairmanOh, sorry. Yes . . . no, that is fine. Minister if you would have a seat, then, I would go to the Member from constituency 6. Hon. Wayne L. Furbert: Thank you, Madam Chai rman. Madam Chairman, this once again proves it is not that the budget has been …
Oh, sorry. Yes . . . no, that is fine. Minister if you would have a seat, then, I would go to the Member from constituency 6.
Hon. Wayne L. Furbert: Thank you, Madam Chai rman. Madam Chairman, this once again proves it is not that the budget has been . . . or these supplementaries . . . the problem is that the budget was under budgeted from the very beginning. I remember standing in this House last year saying about Minimum Revenue Guarantees —and every party has done it from time and eternity. We never budgeted for Minimum Revenue Guarantees. But yet we know we are going to have it every year. It is like it is just going to pop out of the sky. I must admit the amount has gone down over last year. But when paying money out over and over every year, but we do not budget for it . . . hence we get here, we read out the budget on Budget Day and we are applauding and clapping, Oh, we did a great job! We did a great job in budgeting. We are balanced in budget . Nonsense! We just under budgeted. Accountants know how to do all that type of stuff. It makes your numbers look good for the people who do not understand it. We are going to come out and talk about the Financial Assistance in a few min-utes, but we under budgeted on Minimum Revenue Guarantee, we under budgeted for public transport ation and we have under budgeted this year for it. Next year we will be back again asking for more supplementaries. Check the history. For 10 or 20 years we have been doing this because every year we under budgeted. I remember the Minister of F inance— our Minister of Finance at the time, Paula Cox—that it was under budgeted. But they do the same thing. Realistically, people need to come up and the Ministry and the departments need to be held ac-countable. Maybe they need to put it in writ ing and send it to the Minister and say my numbers are going to be
Bermuda House of Assembly over budget —it should be 27 but you are telling me to put 25. The Minister, the Honourable Member Grant Gibbons, knows this. What we should be looking at . . . golf courses was unexpected. Maybe it was on the fuel, mission control contract, but the rest of them? We knew it! We knew it. Look at the financial statement, the financial numbers historically and the numbers have been there. That is why I am able to say that next year that once again public transportation for overtime will be up. I remember the Minister saying that there will be no overtime. Remember? Nobody would be taking overtime. Well, that is not realistic. At least budget for it, and then we come here and you can make adjus tments, revise down and try to go under the budget. But, you know, we do this every year. I mean, in a few minutes we are going to be talking about (I do not want to jump ahead) Financial Assistance. [Look at] the Hansard. I am saying the same thing. Just pl ay back the tape. We know it. Every Minister of Finance . . . and my Honourable Grant Gibbons, he knows this. We under budgeted to make the Budget Day look good so that we can celebrate and say we balanced the budget and all that type of nonsense. It is c razy.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 4? No. Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Let me work backwards. The— [Inaudible interjection and laughter] Dr. the Hon. E. Grant Gibbons: Something about a cold day somewhere. I …
Thank you. Are there any other Members that would like to speak to Item No. 4? No. Minister?
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Let me work backwards. The—
[Inaudible interjection and laughter]
Dr. the Hon. E. Grant Gibbons: Something about a cold day somewhere. I think the Honourable Member certainly makes a point about the MRGs. He is correct. That was considered a contingent liability. But as I said a few minutes ago, in the 2016/17 budget a million dollars has been put in there specifically for the MRG for next year. Now, hopefully, that will mean that that will be sufficient to cover any claims under the Minimum Revenue Guarantee for the airlines. But this is the first, now, where we are going from what is contingent liability, which means whatever comes we have to pay for through supplementary, to an actual budgeted amount. So we will keep our fingers crossed, Madam Chairman, and we will see how that works out. With respect to the fuel and the overtime, I think we are hopeful, certainly on the bus side. It was referred to as the grey schedule because I think the former Government from 1999 onwards tried to get a change in the staffing of busses. I think the former Minister of Tourism finally, I guess at the end of this last year/beginning of this year, managed to find . . . or I should say, the Ministry managed to find agree-ment with BIU. So we have a new roster which we hope will be more efficient and will reduce some of the overtime. We will see. With respect to fuel, I think I was asked by the Honourable Member from constituency 24 whether that was due to poor maintenance. The answer is we do not believe so. In respect to what my honourable colleague over there, Mr. Furbert, was saying, I did go back and look and I noticed that in 2009/10, 2010/11, 2011/12, 2012/13, the bus was under -budgeted every year sometimes by as much . . . so I think that my sense is that hopefully this combination of a new work roster and perhaps, should we say, more allocation for fuel, even though it is coming down, hopefully we will see a better result next year with that. Let us see. With respect to the question about the Millennium , yes, there was some supplementary with r espect to fuel. No, there was no supplementary with respect to overtime with respect to the Millennium. I was not quite sure I understood the issue on departure tax, but I know the Permanent Secretary was listening was very attentively. So other jurisdi ctions do it in a different way, perhaps we can have a look at that and take it under advisement. I think that was it, Madam Chairman.
The ChairmanChairmanThank you. I will go back to the floor. Are there any other Members that would like to speak to Item No. 4 which is the Ministry of Tourism, Development and Transport? The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottThank you, Madam Chai rman. What the Minister just said is just a little co ncerning, that for the 2016/17 budget they have already allocated $1 million for MRGs. I un derstand what is going on. But if we are to look at the numbers, it looks as though in …
Thank you, Madam Chai rman. What the Minister just said is just a little co ncerning, that for the 2016/17 budget they have already allocated $1 million for MRGs. I un derstand what is going on. But if we are to look at the numbers, it looks as though in 2013/14 we spent roughly $2.7 million in MRGs, and for 2015/16 it looks like we probably spent somewhere around $3.9 million to $4 million in MRGs. If these numbers are correct, the point that I am ma king is that it is already over $1 million. History for the last two or three years has shown we are spending over $1 million. With the cyclical departure tax structure, it has the potential to free up roughly $4 [million] to $5 [mi llion], and in a best case scenario $6 million. Ther efore, that would be $6 million that is saved by the ai rlines, but does not come out of the country’s budget. I just have a feeling that if we are going to continue to do it the conventional way of allocating funds, that $1 million is going to cause us to be back here next year at this time with a supplementary for an additional $1 million or possibly more.
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Bermuda House of Assembly The Chairman: Thank you, Member. Are there any other Members that would like to speak to Item No. 4? No? The Chair recognises the Minister.
Dr. the Hon. E. Grant Gibbons: Thanks, Madam Chairman. Just with respect to the MRGs, I think in the presentation that I gave we expect it to be less this coming year for the simple reason that, as we said , there seems to be a three- year cycle here with MRGs. One of them is coming up to the end of that. So we expect one of the two MRGs that are there now to drop off and the other one we expect to look a little better because we are into the second year or s o. Look. This is not an exact science. With an MRG it really is a little hard to call. We have moved it into the budget now, as opposed to being simply a liability, whatever it was when it was a contingent l iability. So let us hope that the $1 million is closer to what it should be. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 4? There are no other Members. We will move to Item No. 5, the Ministry of Public Works. The Chair recognises the Minister, the Ho nourable L. C. Cannonier, from constituency 12. You have the …
Thank you. Are there any other Members that would like to speak to Item No. 4? There are no other Members. We will move to Item No. 5, the Ministry of Public Works. The Chair recognises the Minister, the Ho nourable L. C. Cannonier, from constituency 12. You have the floor.
Hon. L. Craig Cannonier: Thank you, Madam Chairman. I am glad to provide details of the $5,470,756 supplementary for 2015/16. Madam Chairman, on the 19 th of February 2016 the Chief Justice of Bermuda handed down his judgment in the Supreme Court case of [Emmerson] Donald vs. The Ministry of Public Works . The judgment was in relation to an assessment of damages for personal injury caused in the workplace. By virtue of this judgment, the plaintiff was awarded $2.5 million for future loss of earnings, as he is no longer able to work, and $1,571,978 for future medical expenses as he will require further medical treatment. Additionally, the plaintiff’s loss o f pension claim was reserved for possible future determination, as well as the issue of the cost of the hearing. Madam Chairman, for the Fiscal Year 2015/16 the Ministry of Public Works Headquarters, Head 36, requested supplementary funding for $4 million to be approved to cost centre 46111, Head Office Admini-stration, to satisfy the Supreme Court judgment. To move on under Works and Engineering, Madam Chairman, the Ministry of Public Works pr ovides highly visible and central services to the Ber-muda public and Government’s internal customers. Essential services such as garbage collection, waste disposal, safe disposal of hazardous substances and recycling are all carried out by the Department of Works and Engineering. Madam Chairman, the original 2015/16 budget for Head 82, Works and Engineering, was r educed by $746,500. This was done in anticipation of union negotiations being able to achieve a reduced overtime rate. Unfortunately, these negotiations did not occur and thus the amount reduced is an overspend for which the Ministry is now seeking a supplemental. Similarly, business unit 92011 under Head 82, Recycling, was also reduced by a sum of $724,256 for Fiscal Year 2015/16. This was performed as a cost - cutting measure to meet the goals of reducing t he budget deficit. The Government chose to maintain, however, the operation amidst great public support for the service. The Ministry has thus continued the rec ycling programme incurring an additional overspend which is now being requested as a supplemental. Madam Chairman, with these two supplementary requests taken into account, the Minister of Public Works’ revised the budget estimate for Head 82, Works and Engineering, for Fiscal Year 2015/16 and is now $31,635,000. Should I go to Item No. 8 since it is still under Works and Engineering or should I wait?
The ChairmanChairmanNo, Member. We are just going to stick to— Hon. L. Craig Cannonier: Okay.
The ChairmanChairmanThank you. It has been proposed that the sum of $5,470,756 for the Ministry of Public Works form part of the estimates as printed. Are there any Members that would like to speak to Item No. 5? Thank you. The Chair recognises the Member from constituency 35, the Honourable D. …
Thank you. It has been proposed that the sum of $5,470,756 for the Ministry of Public Works form part of the estimates as printed. Are there any Members that would like to speak to Item No. 5? Thank you. The Chair recognises the Member from constituency 35, the Honourable D. P. Lister.
Hon. Dennis P. Lister: Thank you, Madam Chairman, the comments are going to be brief. Basically, the first item that was highlighted by the Minister was the costs of the legal settlement in reference to a case where the Ministry was deemed to be at fault for the health issue that resulted to a police officer, if I understand correctly.
An Hon. Member An Hon. MemberYes. Hon. Dennis P. Lister: I guess my question here, Madam Chairman, to the Minister would be, Has the issue that caused the health issue been fully addressed? Are any other officers exposed to the same matter that caused Government to find itself in court over that matter for that …
Yes. Hon. Dennis P. Lister: I guess my question here, Madam Chairman, to the Minister would be, Has the issue that caused the health issue been fully addressed? Are any other officers exposed to the same matter that caused Government to find itself in court over that matter for that particular individual officer?
Bermuda House of Assembly How much of the cost was for Government to rebate that issue (to put it that way) in regard to ma king it safer for any other police officers? Also, in regard to the Head 82, the recycling overtime, the overtime at the recycling plant, Madam Chairman. As the Minister said, I believe in the year 2015/16 there was an attempt to downsize the services of the recycling plant almost to close the rec ycling plant. But, as he said, the demand from the community on the need for it and support of it caused the Minister to have a rethink and it remained open and functional. If I am correct, as we debated the budget that just finished, the funding that appears to be in there says that it will continue at the funding level they are required to function at, hopefully without us having to come back in next year for a supplement as well. With those few remarks . . . Oh, I know. On the overtime too, Madam Chairman, that was in reference to the collection of garbage, et cetera, I know, Madam Chairman, during this past year there was quite a bit of . . . or there were many occasions (to put it that way) when trash was not collected at the correct time resulting in overtime that was required to catch the backlog. The reason, Madam Chairman, for the need for that overtime was at that time described as mechanical problems with the equipment and trucks, et cetera. Madam Chairman, I would like to know that the Ministry Minister has seen fit to ensure that the correct steps have been taken to rectify those problems that had cause the equipment to be malfunction-ing so often that required us to have such a request for overtime and that we will not have to come back here next year seeking a similar overtime funding be-cause of equipment failure. Thank you.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Member from constituency 15. You have the floor.
Mr. Walter H. RobanYes, thank you, Madam Chai rman. Just to query Head 36, Legal Settlement, which appears to be related to a matter that co ncerned a police officer. Can the Honourable Mi nister give us the name of that case itself? Is this expected to be the only disbursements on that …
The ChairmanChairmanThank you, Member. Would anyone else like to speak to Item No. 5? The Chair recognises the Minister for Public Works . You have the floor. Hon. L. Craig Cannonier: Yes, thank you, Madam Chairman. Let me move first to the question that was asked about the Emmerson Donald case …
Thank you, Member. Would anyone else like to speak to Item No. 5? The Chair recognises the Minister for Public Works . You have the floor. Hon. L. Craig Cannonier: Yes, thank you, Madam Chairman. Let me move first to the question that was asked about the Emmerson Donald case vs. The Mi nistry of Public Works. It is unfortunate that we find ourselves in this position. It goes back to 2010 when it was brought to our attention. I can assure the public that the building that this took place in is no longer in use by the police ser-vice. We should not have that issue as far as it con-tinuing to be a challenge. We should not see . . . well, we will not see any further issues unless, of course, members that were in that building prior to it being vacated may come with new cases. I cannot guarantee that. But this is a very unfortunate circumstance that [Mr.] Donald finds himself in, and for his family and, of course, for the Government in this particular issue. It did have to do with, unfortunately, a mould. And so, again, as I said the building is no longer being used. [Inaudible interjection] Hon. L. Craig Cannonier: Yes, th is did take place back in 2010 when liability was admitted to by the then- Government to the case. We would have expected at that time (in 2010) that it should have been resolved by now. But it has not been resolved, so we are seeking to deal with the issue and the case is not entirely resolved even at this point as I read with the overview. We still have the issue of pension and the like that still needs to be dealt with. So I am sure that we will be coming back with other costs related to this particular issue. The judgment has just been awarded —not in its entirety. So, again, as I said, we expect that there may be more coming forward. Now, in relation to the vehicles. He was tal king about the trash trucks and the like. Again, these are unfortunate circumstance that we find ourselves in. The trash truck vehicles that were purchased, I believe . . . I am trying to think when it was . . . 2010? Yes, somewhere around there. In a number of veh icles we are finding that they are having real difficulty on Bermuda’s roads. The wheel span space between the front and back wheel is causing a major challenge. So we are having difficulties with those trucks. We have an ageing fleet outside of those trucks that have been purchased, so we are co nstantly under the threat of vehicles breaking down. Under these supplementaries with the overtime, we are also having our mechanics work overtime to keep these trucks on the road. Not only are we having to spend overtime for our trash vehicles to be on the road, because they continue to break down and we do not have the monies at this present time to buy new ones, but we are also having to spend overtime for our mechanics to repair these trucks so they can get back on the road. 1662 21 March 2016 Official Hansard Report
Bermuda House of Assembly We do seem to have a system that is working as of late where trash is getting picked up on a timely basis. But we continue to sit on pins and needles just not knowing that with the new fleet —that we would have thought after three or four years would still be in fairly good condition . . . we are finding we are having to do major mechanical work on the vehicles that we would not have expected to have to do within the first five years. But that is the case. That is where we are right now with those three supplementals. It is unfortunate with the rec ycling plant. We anticipate a cost savings there and, of course, the public wishes to see it continue on and so it is.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 5? Thank you. The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksThank you, Madam Chai rman. I think I am forced to make a comment on this—the substandard trucks I heard a comment on. I as the Minister at the time when the trucks were purchased. When I came into the Ministry, the technical team had already gone to look at …
Thank you, Madam Chai rman. I think I am forced to make a comment on this—the substandard trucks I heard a comment on. I as the Minister at the time when the trucks were purchased. When I came into the Ministry, the technical team had already gone to look at the trucks and make a decision. I cannot remember all the particulars, but what I do remember, Madam Chairman, is that once those new trucks came on board, having been su ggested by the then- technical team, we had about six or seven extra trucks that were supposed to be —I think they are called loop trucks —extra trucks, that were going to put us in a position of not having to have all this overtime, trucks breaking down, trash not being picked up, and I remember —it has been a co uple of years now —but some of the mechanics were supposed to have gone to get training and all that. So the question is, not necessarily just the trucks, because as Ministers regardless of which side of the floor we sit on, our technical team are the ones that advise us. Secondly, has the Minister ensured that that training aspect of maintaining their trucks has been done because if not, I would suggest that he pushes that so that we can cut down on the overtime costs every year and [not] point the finger and blame [on] who bought the trucks. I have never driven a dump truck.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Minister of Public Works. Hon. L. Craig Cannonier: Thank you, Madam Chairman. I am not sure exactly what angle to take on that. I never said “substandard.” What I did …
Thank you. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Minister of Public Works. Hon. L. Craig Cannonier: Thank you, Madam Chairman. I am not sure exactly what angle to take on that. I never said “substandard.” What I did say was that the trucks continue to break down. These are trucks that we would have not anticipated . . . anyone that does fleet management would know that when you purchase your trucks, you are expecting within the first five years that you would not have to do major mechanical work on these particular type trucks, or any new vehicle that you purchase. Unfortunately, we are in the position that these trucks are breaking down with major mechanical issues; issues that we would not have thought would have taken place at this time in an ageing fleet. Now, I understand that there are supposed to be other vehicles out there. And I did mention that there was an ageing fleet . . . I am sorry, that there are other vehicles that are out there, but they are older vehicles and they continue to be a challenge along with the new trucks with mechanical issues. When you have trash trucks that have been bought within the last three to four years coming in having to have major parts replaced, we understand that it is important that our staff be trained. I would have thought that the training for the staff would have happened. So, yes, we are providing training for the staff to ensure that they know how to work with the vehicles. But what is happening right now is electronic issues are coming through and coming back concer ning these trucks. So we have to continue to have trai ning done. That is the case. I am not throwing stones at anyone. All I am simply looking at is how we can move forward. These are the facts that I am giving. We are going to continue to work through this here. The Finance Minister wishes for us not to buy new trucks at the time so we are ensuring that our staff are well -trained and that they know how to deal with all aspects of the new vehicles that we have to ensure that we can keep them on the road. That is our commitment, to ensure that we have as many on the road as possible.
The ChairmanChairmanThank you, Minister. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksThank you, Madam Chai rman. What I was simply saying was that it has been three years now so the mechanics have had plenty of time to have been trained. And at this point and time we should know the most frequently needed parts that these trucks need when they …
Thank you, Madam Chai rman. What I was simply saying was that it has been three years now so the mechanics have had plenty of time to have been trained. And at this point and time we should know the most frequently needed parts that these trucks need when they break down. The excuse now that the trucks are still breaking down and having major issues and having to have these trucks off the road for an extended period of time is not cutting it, because at some point somebody must say that every two months this tire goes flat or something happens or whatnot, so we are go ing to start stocking up on stuff so that the lead time of keep-ing trucks off the road will become a thing of the past.
Bermuda House of Assembly And training . . . I mean, how long is it going to take to get trained? What are we spending on overtime?
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Minister of Public Works. Hon. L. Craig Cannonier: Thank you, Madam Chairman. I think the Honourable Member is missing the point here. I said major mechanical iss ues. For instance, …
Thank you. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Minister of Public Works. Hon. L. Craig Cannonier: Thank you, Madam Chairman. I think the Honourable Member is missing the point here. I said major mechanical iss ues. For instance, the new trucks are not able to pick up the large bins that are metal. Why would we buy trucks that cannot pick up the major dumpsters that are metal? They are too heavy. So these major pieces are breaking off. This is not like buying an alternator. That is not what I am talking about. I said major mechanical issues where these axles that have the hydraulics are bending! They are actually bending. I went down to go see the guys and the guys down there are heating up big pieces of metal to straighten them out because as they lift these large bins they are bending and crac king. That is a challenge for us. It is a reality that we have. So, again, I am not pointing fingers. It is my reality as a Minister to do as much as I can, so we are doing the training. I would have thought that when we purchased them the training would have been done then. But for these mechanical issues that we are hav-ing now, these are major, major issues that we are having. So we are doing the best we can with what we have. I am not sure how much to say to the Honour-able Member.
The ChairmanChairmanThank you, Minister. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Madam Chairman, I really do not want to prolong this. I do not think it is the type of matter that …
Thank you, Minister. Are there any other Members that would like to speak to Item No. 5? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Madam Chairman, I really do not want to prolong this. I do not think it is the type of matter that we need to prolong. [Inaudible interjections]
Hon. Dennis P. Lister: No, no, gentlemen. Gentl emen, please. The only reason I am rising to my feet is to say none of us in this room bought the equipment. Let us accept that. But we do rely on our technical staff. We do rely on our technical staff no matter whether we are sitting on that side or you are sitting on this side. My only point, Madam Chairman, is that this is hopefully a lesson learned—not necessarily for this level, but for those underneath us who are the technical officers who go off. We rely on them no matter which side or who is Government at that time. It is the technical service . . . We would assume that technical staff, Madam Chairman, went out and completed their due diligence and sent to the Minister their report and said, Here are the new vehicles that we are going to buy. The Minister does not know how to operate the trucks. He does not collect t he trash. He is relying on the information that is provided to him from that technical department. We would want to think that they are acting in the best interests of us as a Government, as a people. So we accept that. The lesson to be learned, Madam Cha irman, is that proper due diligence, further due diligence (that is the phrase that has to be emphasised here) for the technical team not to put the Minister —whoever the Minister of the day may be —in this position where the Minister looks later on down the road [and realises] that we did get something that was substandard. It was not the Minister’s choice to say you had to go buy that particular vehicle versus this particular vehicle. It was a recommendation from a technical team who could be the same technical persons who have given the advice to the current Minister.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to Item No. 5? There are no other Members so we will move to Item No. 6. That would be the Ministry of Comm unity, Culture and Sport. [Inaudible interjections]
The ChairmanChairmanWe are going to approve everything at the end. Thank you. The Chair recognises the Member from constituency —sorry, Minister — Hon. Patricia J. Gordon -Pamplin: [Constituency] 23.
The ChairmanChairmanSorry? Hon. Patricia J. Gordon -Pamplin: Twenty -three.
The ChairmanChairmanTwenty -three. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, the Ministry of Community, Culture and Sport, Item No. 6 on the supplementary estimate for Financial Assistance is in respect of s ocial assistance grant for $6,001,500. The Department of Financial Assistance has a statutory responsibility to …
Twenty -three.
Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, the Ministry of Community, Culture and Sport, Item No. 6 on the supplementary estimate for Financial Assistance is in respect of s ocial assistance grant for $6,001,500. The Department of Financial Assistance has a statutory responsibility to ensure that individuals and/or families have sufficient financial resources and services in order to gain, maintain or regain a mini1664 21 March 2016 Official Hansard Report
Bermuda House of Assembly mum standard of living while encouraging personal and economic independence. In support of this objective, the department administers the Financial Assi stance (FA) Programme as well as the Child Day Care Allowance (CDCA). Th ese programmes are governed by the Financial Assistance Act 2001 and the Finan-cial Assistance Regulations 2004. Because this is only relating to financial assistance, we are not going to speak about the contribution for the Child Day Care Allowance. The 2015/16 supplementary estimate of $6,001,500 relates to the Financial Assistance Pr ogramme only. The original total budget for Head 55 in 2015/16 was $49,131,000, of which $46,089,000 was for this business unit 65050, Grants Administration. This includes both institutional and individual grants under the Financial Assistance Programme. Madam Chairman, the number of persons applying for and receiving financial assistance conti nued to increase during 2015/16, with a corresponding increase in average client caseload to about 240 cases per worker. During the first two quarters of 2015/16, the spending exceeded 51 per cent of the budget for the entire year. The first two months of spending during the third quarter (October to December 2015) r ecorded financial assistance expenditure of $8,230,000, or $4,110,000 monthly. Madam Chairman, the majority of spending, approximately $3,200,000 monthly, was paid out to benefit persons with disabilities and our seniors. St atistical information shows that as at the month of N ovember 2015, these two categories of clients com-prised 67 per cent of the client base, which was an increase of 5.13 [per cent] over last year, and r eceived more than 78 per cent of the budget. Madam Chairman, the highest category of clients was seniors at 34.9 per cent, an increase of 2.3 per cent over last year. The number of seniors is expected to increase significantly during the next several years and become the largest population of cit izens in the next 10 to 20 years. Unfortunately, not all seniors are ageing well or have enough income to sustain them. Seniors who are currently residing in their own homes will require additional medical atten-tion and care and may require to be placed in rest or nursing home care. Madam Chairman, the next highest category of clients is the disabled population at 32.1 per cent of the client base, an increase of 2.9 per cent over last year. The disabilities can be physical or mental. Some are short -term, but most are long- term and can be from birth. Persons wit h long -term disabilities are unemployable and over their life span can incur a high degree of cost associated with medical interventions, treatments, medication and long- term care. Madam Chairman, cost associated with these categories includes the high cost of residential living —rest and nursing homes; premiums for medical insurance, in- home care, medical supplies and medical equipment and medication. Madam Chairman, these two categories of clients alone continue to grow and once they begin receiving a financial award, they generally continue to receive assistance until death. Consequently, the spending by the Depar tment [of Financial Assistance] on clients serviced u nder the Financial Assistance Programme climbed to over $12 million per quarter —exclusive of child day care allowance —by December 2015. The remaining 33 per cent of persons on financial assistance are e ither able- bodied or persons with low earnings. Madam Chairman, in an effort to reduce f inancial assistance costs, Government amended the Sche dule Table of Allowable Expenses under the F inancial Assistance Regulations 2004 effective April 1 st, 2015. These changes included items such as: a) elimination of all allowances for arrears pa yments; b) reduction of the maximum allowance for clot hing; c) reduction of the maximum allowance for f uneral expenses; and d) reduction of the maximum rental accommoda-tion allowances. Although these legislative amendments helped to reduce individual monthly financial assi stance payments, the numbers of persons applying for and receiving financial assistance continued to rise due to the challenging economic situation. Madam Chairman, the most recent legislative amendments came into effect on the 1 st July 2015, where for the first time, time limits have been estab-lished for persons who are able- bodied unemployed and persons with low earnings to be in receipt of as-sistance. In addition, Madam Chairman, the Depar tment of Financial Assistance has policies in place to both encourage accountability and responsibility from its clien ts. While these policies stress accountability on behalf of the client, they also introduce cost saving measures whilst the department continues to approve over $4 million monthly on their behalf. However, Madam Chairman, these changes will only have a minimum impact in terms of cost sav-ings over the next year or two. The changes are not likely to show any significant reduction in expenditures for at least three to five years. Madam Chairman, Government recognises its statutory obligation to provide financial assistance to eligible Bermudians in need, thus the Department of Financial Assistance has to make payments as the demand dictates.
Bermuda House of Assembly In summary, a supplementary estimate of $6,001,500 is required for 2015/19 in business unit 65050, Grants Administrat ion. Let me also point out, Madam Chairman, that although we did hear last year that we thought that the budget was understated, we fervently believed that the projects that were coming online would alleviate the claim for financial assistance by able- bodied u nemployed clients. As a result of the time delays in the commencement in some of the projects, we note that we are still having claims on the financial assistance. Hence, we are now requesting now a $6,001,500 supplementary in this budget. Thank you, Madam Chairman.
The ChairmanChairmanMembers, it has been proposed that the sum of $6,001,500 for the Head Ministry of Community, Culture and Sport stand part of the estimate as printed. Are there any Members that would like to speak to Item No. 6? [Pause]
The ChairmanChairmanI apologise. Sorry, Member from constituency 16. Thank you for your patience. Please proceed.
Mr. Michael A. WeeksThank you, Madam Chai rman. Madam Chairman, with this particular budget it is hard to really say much. I understand the climate that we are existing and living in right now. But I must just comment that it is déjà vu because in 2013/14 the actual was $49 million and …
Thank you, Madam Chai rman. Madam Chairman, with this particular budget it is hard to really say much. I understand the climate that we are existing and living in right now. But I must just comment that it is déjà vu because in 2013/14 the actual was $49 million and then in 2015/16 the original was almost $3 million less and the actual was, again, more at $52 million. So my question is, I know that there are some things in place. But are we understating it in the hope that our economy is going to turn around for some of these programmes that the Minister has put in place, she wants then to kick in? How long is that going to take? Meaning that if we keep understating and we keep coming back here, there is really not much more I could add to that. The budget does no good if we understate it at times, but at the end of the day, we keep coming back for supplementaries or the same old thing, Financial Assistance.
The ChairmanChairmanThank you, Member. Are there any other Members who would like to speak to Item No. 6? The Chair recognises the Minister from constituency 23. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, Honourable Members will know that Financial Assistance is not an exact science in terms …
Thank you, Member. Are there any other Members who would like to speak to Item No. 6? The Chair recognises the Minister from constituency 23. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, Honourable Members will know that Financial Assistance is not an exact science in terms of the number of applicants that we are likely to have. I did mention in my comments that we lament having to be here again for a supplementary, because it was our hope and intention that the projects that would have come online for the ABUs [able- bodied unemployed] would have kicked in by now. There has been a time delay. So I am anticipating that, with new projects coming online, which would contribute more to the economy, in addition to the restrictions that have been put in place which will only start to yield and manifest themselves as of July 16, because they came into effect July 15, we should be able to see some relief in terms of the amounts that we will have to apply [for]. We also increased Financial Assistance this year by $5 million in the budget for this year. So I think a combination of having the supplementary from last year, the increase in budget this year, projects coming online, and restrictions that have come in as a result of new rules on the table of allowances, that the combination of those four issues will help to alleviate the pressure on Financial Assistance.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to Item No. 6? There are no other Members who would like to speak to Item No. 6? We will move to Item No. 7, Ministry of N ational Security. The Chair recognises the Premier. Hon. Michael H. …
Thank you. Are there any other Members who would like to speak to Item No. 6? There are no other Members who would like to speak to Item No. 6? We will move to Item No. 7, Ministry of N ational Security. The Chair recognises the Premier.
Hon. Michael H. Dunkley: Thank you, Madam Chairman. Madam Chairman, first in regard to Head 6, Defence—
The ChairmanChairmanHead number? Oh, sorry. Hon. Michael H. Dunkley: Head 6.
The ChairmanChairmanThat is fine. Hon. Michael H. Dunkley: Moving Head 6. [Pause] Hon. Michael H. Dunkley: Item No. 6. We just fi nished 6, so we are going to Item No. 7 now. Are you with me?
The ChairmanChairmanYes. Please proceed. Hon. Michael H. Dunkley: Okay. Thank you. In regard to Defence, in Head 6, there are $89,634, which covers the embodiment for two days’ pay for Regiment soldiers during Hurricane Joaquin on October 4 th and 5th of 2015. There are $164,000 that are needed to cover …
Yes. Please proceed. Hon. Michael H. Dunkley: Okay. Thank you. In regard to Defence, in Head 6, there are $89,634, which covers the embodiment for two days’ pay for Regiment soldiers during Hurricane Joaquin on October 4 th and 5th of 2015. There are $164,000 that are needed to cover overspend due to a couple of areas in that for part - time soldiers, the greater retention that has taken 1666 21 March 2016 Official Hansard Report
Bermuda House of Assembly place since soldiers are staying on longer in the Bermuda Regiment —the Bermuda Regiment 50 events; the conversion to new training for the rifles that were donated by the UK; special constable training; and the most unfortunate passing and funeral considerations for Sergeant [Stange- Simmons]. Those are the two items under Item No. 6 in Defence. In Item No. 7 in the Police, there is a suppl ementary required of $200,000 to cover salaries for officers. And it is anticipated that this supplementary might be reduced because, very shortly, the BPA will make an announcement with Government on the agreement that has been reached. But that agreement includes a furlough day which started in February of 2016 and runs until the end of March of 2017. So that might ameliorate this supplementary to some extent. In regards to the $2.1 million in overtime at Corrections, Head 25, factors contributing to overtime include staff shortages, annual and sick leave, court and medical escorts, and hospital bed watch. Madam Chairman, the Department of Corrections is mandated to carry out orders of the court; hence, there are a large number of outstanding court cases, including high-profile cases, which require very high levels of escort. High- risk security requires a doubling of off icers, quite frequently, and this greatly increases over-time that has to be paid. In regards to the $400,000 for inmates services, the general population of Corrections used to be young and healthy; however, there has been a shift towards a growing ageing population, with more ser ious and chronic illnesses. Additionally, some of the younger, typically more healthy, inmates are exper iencing serious, unforeseen medical illnesses. The care of these groups of inmates involves costly medi-cation, treatment, and ongoing routine monitoring by specialist physicians here in our comm unity. And there have been a number of overseas cases in the past year. That is an explanation for the three items, Defence, Police, and Corrections.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to . . . (Sorry.) It has been proposed that the sum of $2,953,634, which is for the head under the Ministry of National Security, stand part of the estimates as printed. Are there any other Members who …
Thank you. Are there any other Members who would like to speak to . . . (Sorry.) It has been proposed that the sum of $2,953,634, which is for the head under the Ministry of National Security, stand part of the estimates as printed. Are there any other Members who would like to speak to Item No. 7? The Chair recognises the Member from constituency 15.
Mr. Walter H. RobanThank you, Madam Chairman. First, a comment relating to Defence, Head 6. Certainly, I do not think anyone would want to contest the work that was done around Hurricane Joaquin, because that was really work that the country benefi tted directly from, from the galvanising of those Regi-ment soldiers to …
Thank you, Madam Chairman. First, a comment relating to Defence, Head 6. Certainly, I do not think anyone would want to contest the work that was done around Hurricane Joaquin, because that was really work that the country benefi tted directly from, from the galvanising of those Regi-ment soldiers to assist the country with getting back on its feet, and the assistance given to many residents to provide coverage, those who [suffered] damage. And frankly, I think everyone would understand that that is money that is well spent. And due to the description that the Honourable Minister gave as to the $164,000 and the wages for part -time soldiers related to obvious events, and the training that was associated with the new rifles, and certainly for the ceremonial duties to do with the burial of Sergeant [Stange -Simmons], those are certainly understood. Moving on to Head 7, Madam Chairman, Head 7, Current Account Salaries for Police Officers, and the $200,000, I would be interested to know how many officers that $200,000 accounts for and what were actual duties related to? Were they related to general duties or any specific special events? That would be something that I would be interested in if the Premier could give more clarity. G oing down to Corrections, it is appreciated that, I guess due to certain regulations that are r equired for the movement and handling of persons who are in the Corrections system, that is what the $2.1 million is related to. Again, I would like to know how many officers that accounts for. Does it account for everybody across the board, or are there specific off icers? How many officers would that relate to, that overtime? Now, I see that the Premier has explained that a lot of this has to do with the handling of the high- risk prisoners and their movement perhaps from the Cor-rections facilities to Hamilton to be seen perhaps in cases and that. Would better use of (what is it?) the closed- circuit camera system perhaps contribute to that being reduced during the year? Is that camera system actually functioning right now, or is it getting to a point where it is going to be used? Perhaps that would help to bring down that number. And perhaps the Premier can give some clarity to that, and perhaps what might help to bring that number down as we go forward. What do he and his team think, will perhaps accomplish that? The other question I have is on the inmate hospital services. Now, the Honourable Premier did mention what this has to do with. There is an ageing Correc tions population, men and women who are there who are getting older and, as is the case with persons who get older, they have more health issues and complications. Perhaps some insight as to what type of illnesses we are finding within the Corrections. Okay, I mean, it is in Corrections. What sort of medications seem to be the subject of the costs that we are confronted with for the $400,000? Is it heart - related? Is it other types of medications that seem to drive up these costs? Perhaps the Premier can giv e some insight to those numbers. Thank you.
The ChairmanChairmanThank you. Bermuda House of Assembly The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Chairman. In regard to the police, $200,000 is what is expected to be short at the end of this financial year. I just also mentioned that with the late agreement with the …
Thank you.
Bermuda House of Assembly The Chair recognises the Premier.
Hon. Michael H. Dunkley: Thank you, Madam Chairman. In regard to the police, $200,000 is what is expected to be short at the end of this financial year. I just also mentioned that with the late agreement with the BPA and the implementation of the furlough it might not be necessary. But when this supplementary was done it appeared apparent that it would be. We have managed to find other money savings w ithin the police to get that funding amount down to $200,000. So you cannot relate it to one officer. That is just extra spend on salary. In connection with the overtime at Corrections, I referred to staff shortages, annual and sick leave, and for the medical escorts and hospital bed watch. We try to use the court TV system as much as we can, and so there is really not much more of an opportunity to involve that any more. We are looking to curtail expenses in any way we can. And one of the things we are going to try to do to cut down overtime this year is train some new Corrections officers to add to the staff. And that should alleviate that expense, going forward. In connection with the question on inmate health issues, I certainly can get more information on the issues. But I am aware of serious incidents such as a stroke, where an inmate had to be sent overseas. And of course, then you have to have people accompany them. So these add up quite quickly. And I think I specifically said a growing population of ageing i nmates . So there are inmates who are in there for long periods of time, and they are naturally ageing. And that is when you would have a higher incidence of medical challenges that you have to deal with, in spite of the fact that Corrections tries to keep all inmates as active and healthy as possible.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to Item No. 7? The Chair recognises the Member from constituency 15.
Mr. Walter H. RobanThank you. A question for the Premier, because I accept the explanation about ageing inmates. Perhaps the Premier could give a rough estimate as to how many inmates are currently in the system who are over the age of 65? Clearly, the older ones are the ones who would bring …
Thank you. A question for the Premier, because I accept the explanation about ageing inmates. Perhaps the Premier could give a rough estimate as to how many inmates are currently in the system who are over the age of 65? Clearly, the older ones are the ones who would bring about these costs. If there is a number that that is based on, because I do recall the number in the Budget Book of somewhere around 200 or so for the total inmate population that is there all the time, not the ones who are on different levels of remand or whatever, but who are in the system. You know, how many of that population that is in there is over the age of 65? The Chairman: Thank you. The Chair recognises the Premier.
Hon. Michael H. Dunkley: I will have to research that. The last number I had was 182 inmates: I do not have the age of over. In fact, when I get biweekly, when I look at the housing sheet for Corrections, it is not listed by age. It is just listed in inmate name, what the sentence was, parole and all that type of information. I will take a look at it.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to item 7? No? We will move to Item No. 8, Works and Engineering. I call on the Minister of Public Works. (Sorry.) We propose the sum of $450,000 for Work s and Engineering, Head 65, stand part …
Thank you. Are there any other Members who would like to speak to item 7? No? We will move to Item No. 8, Works and Engineering. I call on the Minister of Public Works. (Sorry.) We propose the sum of $450,000 for Work s and Engineering, Head 65, stand part of the estimates as printed. Minister. Hon. L. Craig Cannonier: Thank you, Madam Chairman. In early 2015, a request for proposal was i ssued for professional services associated with the inspection, structural assessment and design of the r emedial refurbishment works to the swing bridge, St. George’s. The works undertaken to swing bridge in 2002 extended the life of this structure in the short term. But the time has come for a more significant overhaul of the bridge in order for it to remain operable into the future. This is a significant undertaking and requires adequate allocation for the works. The funds originally identified for the proposal service works within the 2015/16 Budget were allocated within cost centre 75116, Structural Refurbishment of Bridges. This budget is used for routine maintenance projects and is used for works on all of Bermuda’s 40-plus bridges. This technical supplementary is not for an overspend, but simply a shifting of spending to a new TAF, which has been created so that the funding for this significant project does not impinge on the works under the cost centre of 75116. This new cost centre requires a technical supplementary. Identifying this budget separately in this manner will both enable us to record and track expenditure on the scheme more effectively and improve accessibility for audit pur-poses. Madam Chairman, the Ministry of Public Works requests a technical supplementary funding of $450,000 as approved for capital cost centre 75096, Swing Bridge Refurbishment.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to Item No. 8? 1668 21 March 2016 Official Hansard Report Bermuda House of Assembly The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Chairman. Madam Chairman, my first question for the …
Thank you. Are there any other Members who would like to speak to Item No. 8? 1668 21 March 2016 Official Hansard Report
Bermuda House of Assembly The Chair recognises the Member from constituency 35.
Hon. Dennis P. Lister: Thank you, Madam Chairman. Madam Chairman, my first question for the Minister is just for clarification. Minister, while you were on your feet just now, you indicated that it is not additional funds, it is just moving of funds to a new TAF?
[Inaudible interjection] Hon. Dennis P. Lister: For funding that was already in the budget? Hon. L. Craig Cannonier: Yes, under the Structural Refurbishment of Bridges. If you look in the back on page . . .
Hon. Dennis P. Lister: Page C -7.
Hon. L. Craig Cannonier: Yes. Hon. Dennis P. Lister: But, okay, taking your point of reference to the answer, the supplement, Madam Chairman—I thought supplements came to the House for monies that were not budgeted for that were spent. If this money was already in the budget in another area, it was money that was already bud geted to be spent. It is not additional money. We come here with supplements for money that was not budgeted under that Ministry that was now used for a programme un-der a cost centre under that Ministry. So that is what I thought the supplement was for. So I did not see the need, necessarily, if it was already budgeted for that Ministry, to spend somewhere, and it has just been put under a different TAF, why do we need to be here addressing it as a supplement? I am not banging the reason why it was used, because we understand the bridge had a need to be addressed. And in fact, I believe in this year’s budget there is a substantial amount that is going to be added into the 2016/17 Budget to put real monies behind the type of work that is required to keep the bridge up to the standard that it needs to be kept at. But again, it is just a simple question. If the money was already in the budget, why do we have to come back here for a supplement just to change it to a different TAF?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister of Public Works. Hon. L. Craig Cannonier: Yes. Again, I am not an accountant, but I am simply following the Financial Instructions that we must fall under. As I said, it is a technical supplementary. I can understand exactly what the Honourable …
Thank you, Member. The Chair recognises the Minister of Public Works. Hon. L. Craig Cannonier: Yes. Again, I am not an accountant, but I am simply following the Financial Instructions that we must fall under. As I said, it is a technical supplementary. I can understand exactly what the Honourable Member is saying. But we are, I guess, at this point, just making you aware that we are doing the switch, yes.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to Item No. 8? If not, we move on to Item No. 9. We propose that the sum of $400,000 for the Tourism Development and Transport Headquarters, Head 65, stand part of the estimates as printed. I call …
Thank you. Are there any other Members who would like to speak to Item No. 8? If not, we move on to Item No. 9. We propose that the sum of $400,000 for the Tourism Development and Transport Headquarters, Head 65, stand part of the estimates as printed. I call on the Minister in charge to speak. Minister?
Dr. the Hon. E. Grant Gibbons: Thanks, Madam Chairman. Madam Chairman, I explained in the first part of it that $500,000 had been given to address oper ational costs. This is simply a request for a supplementary for $400,000 capital funding during the 2015/16 Fiscal Year to complete what I refer to as long outstanding repairs to the Ocean View clubhouse. And this funding will be provided in the form of supplemen-tary spending. Thank you.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to Item No. 9? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Just to rise, Madam Chai rman, just to say that there is a understanding as to why the money is needed. So …
The ChairmanChairmanThank you, Member. That would conc lude the Supplementary Estimate (No. 1) for Financial Year 2015/16. We move that the adoption of the Supplementary Estimate (No. 1) for Financial Year 2015/16 be approved as printed and reported to the House. Are there any objections to that motion? No objections. Agreed …
Thank you, Member. That would conc lude the Supplementary Estimate (No. 1) for Financial Year 2015/16. We move that the adoption of the Supplementary Estimate (No. 1) for Financial Year 2015/16 be approved as printed and reported to the House. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Supplementary Estimate ( No. 1) for Financial Year 2015/16 was considered by a Commi ttee of the whole House and passed without amendment.] [Pause]
House resumed at 12:21 am
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
Bermuda House of Assembly REPORT OF COMMITTEE
SUPPLEMENTARY ESTIMATE (NO. 1) FOR F INANCIAL YEAR 2015/16
The SpeakerThe SpeakerThank you, Honourable Members. The Supplementary Estimate (No. 1) for F inancial Year 2015/16 has been approved. Orders Nos. 7 and 8 are carried over. And we move now to Order No. 9. And we are going to do O rder Nos. 9, 18 and 19. But I will let …
The SpeakerThe SpeakerExcuse me? Dr. the Hon. E. Grant Gibbons: Order Nos. 9 and 10.
The SpeakerThe SpeakerWhat? Dr. the Hon. E. Grant Gibbons: Well, we will do O rder No. 10.
The SpeakerThe SpeakerOrders Nos. 9, 18 and 19. Dr. the Hon. E. Grant Gibbons: You are correct, Mr. Speaker.
The SpeakerThe SpeakerI think I am correct. Dr. the Hon. E. Grant Gibbons: Yes, yes. We are going to aggregate three of these sets of regulations.
The SpeakerThe SpeakerYes. So you carry on. Carry on, Mini ster for Economic Development. The Minister of Finance needs to pay his r espects. [Laughter] Dr. the Hon. E. Grant Gibbons: He just came to get out of here, Mr. Speaker. What can I say? REGULATIONS MARINE BOARD (SEABORNE SERVICES) AMENDMENT REGULATIONS …
Yes. So you carry on. Carry on, Mini ster for Economic Development. The Minister of Finance needs to pay his r espects. [Laughter] Dr. the Hon. E. Grant Gibbons: He just came to get out of here, Mr. Speaker. What can I say?
MARINE AND PORTS AUTHORITY (PORT DUES) AMENDMENT REGULATIONS 2016
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, with the Governor’s recommendation, and in accordance with section 36(3) of the Bermuda Constitution, I move that this Honourable House give consideration to the following draft Regulations. And as you said, Mr. Speaker, we are going to do Order No. 9, and then we are going to fold Orders Nos. 18 and 19 (they are all very similar), to deal with them all at once. So, the draft Regulations are the Marine Board (Seaborne Services) Amendment Regulations 2016, the Marine Board (Pilotage Dues) Amendment Regulations 2016 and the Marine and Ports Authority (Port Dues) Amendment Regulations 2016, all three proposed to be made by the acting Minister of Trans-port under the provisions of sections 97– 103 and section 76(b) of the Marine Board Act 1962.
The SpeakerThe SpeakerThank you, Honourable Minister. Would you like to now proceed? Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, yes. The purpose of the Regulations and Amendments to Regulations before the House today or tonight is to revise the fees payable by commercial vessels calling at Bermuda as covered …
Thank you, Honourable Minister. Would you like to now proceed?
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, yes. The purpose of the Regulations and Amendments to Regulations before the House today or tonight is to revise the fees payable by commercial vessels calling at Bermuda as covered by three sections of law, namely, the Marine and Ports Authority (Port Dues) Amendment Regulations 2016, the Marine Board (Pilotage Dues) Amendment Regulations 2016 and the Marine Board (Seaborne Services) Amend-ment Regulations 2016. Mr. Speaker, the passage of the Marine and Ports Authority (Port Dues) Amendment Regulations will result in a 5 per cent increase in the fee charged for ships of up to 100 metres in length, an increase from $533 to $560, while ships over 100 metres in length will now be charged $13 per metre as of April the 1 st, 2016. Such port dues are historically collected to help fund port infrastructure and repair work that allows us to safely berth ships alongside in port. Infrastructure items of note include the phys ical dock structure, fenders, and mooring bollards for ship lines, as well as security measures such as fenc-ing, lighting, and security screening equipment r equired under international security rules similar to an airport. Mr. Speaker, the passage of the Marine Board (Pilotage Dues) Amendment Regulations 2016 will see an increase of 5 per cent levied on current pylon services. They are paid by ships based upon their draught when arriving in or departing from our seaports. Such dues offset the cost of services provided by Bermuda’s branch pilots, in particular pilot salaries and the operation of two pilot boats, including wages for crews. Mr. Speaker, the passage of the Marine Board (Seaborne Services) Amendment Regulations 2016 allows for the itemised billing of additional vessel services provided to international seaborne commerce and the local marine community. The schedule of charges covers services provided by Government tugboats, workboats, and tenders in support of port operations, while ferries are also occasionally char1670 21 March 2016 Official Hansard Report
Bermuda House of Assembly tered on an hourly rate. All such charges have been incremented by 5 per cent. Mr. Speaker, I can go through very quickly the clause- by-clause if you like, at this point, since we are doing this in the House as opposed to Committee.
The SpeakerThe SpeakerYes. Absolutely. We do not go to Committee on these. Dr. the Hon. E. Grant Gibbons: Okay. Let me start with port dues. For port dues, clause 1 is the citation. The Regulations shall be known as the Marine and Ports Authority (Port Dues) Amendment Regulations 2016. Clause 2 amends …
Yes. Absolutely. We do not go to Committee on these. Dr. the Hon. E. Grant Gibbons: Okay. Let me start with port dues. For port dues, clause 1 is the citation. The Regulations shall be known as the Marine and Ports Authority (Port Dues) Amendment Regulations 2016. Clause 2 amends Regulation 2 [of the 1969 Regulations] by deleting the words [at section 2(1)] “five-hundred and thirty -three dollars” and “twelve dollars” and substituting “five- hundred and sixty dollars” and “thirteen dollars,” respectively, thereby increasing the port dues. Clause 3 states the Regulations shall come into force on the 1 st of April 2016. Moving on, Mr. Speaker, to Seaborne Services. (Yes, let me make sure I got that right.) I beg your pardon. I am going to move on now to pilotage dues; I beg your pardon. The purpose of the next set of Regulations is to amend the Marine Board Act 1962 in relation to collection of pilotage dues.
[Inaudi ble conversation]
Dr. the Hon. E. Grant Gibbons: I am not sure if I have got it in the same order.
The SpeakerThe SpeakerYes, yes, you have got the right order. Dr. the Hon. E. Grant Gibbons: All right. Good. Clause 1 is the citation. The Regulations shall be known as the Marine Board (Pilotage Dues) Amendment Regulations 2016. Clause 2 revokes and replaces —
The SpeakerThe SpeakerJust make sure that you have got it. Dr. the Hon. E. Grant Gibbons: Clause 2 revokes and replaces the Schedule of dues payable per metre of a vessel’s draught per port of destination or departure. Clause 3 states that the Regulations shall come into force on the 1 st …
Just make sure that you have got it. Dr. the Hon. E. Grant Gibbons: Clause 2 revokes and replaces the Schedule of dues payable per metre of a vessel’s draught per port of destination or departure. Clause 3 states that the Regulations shall come into force on the 1 st of April 2016. And thirdly, the next Regulation is related to seaborne services. And it amends the Marine Board Act of 1962 in relation to fees collected for services performed by the Ministry under section 97. And I will get to it in the clause, but there is a number issue here with one of the clauses. So, clause 1 is the citation, and the Regul ations shall be known as the Marine Board (Seaborne Services) Amendment Regulations 2016. Clause 2 revokes the previous Regulations and replaces the Schedule for the principal Regula-tions. And clause 5 —and here is the problem, Mr. Speaker —that was mis -numbered. It should be, act ually, changed to clause number 3.
The SpeakerThe SpeakerWhich clause should it be? Dr. the Hon. E. Grant Gibbons: It should be numbered clause 3. There are no clauses 3 and 4.
An Hon. Member An Hon. MemberIn the Marine Board Seaborne? Dr. the Hon. E. Grant Gibbons: Yes, ye s. That is the one. So we have got clause 1. We have got clause 2. And then it jumps on the piece in front of you to clause 5. That really should read “clause 3,” and …
In the Marine Board Seaborne? Dr. the Hon. E. Grant Gibbons: Yes, ye s. That is the one. So we have got clause 1. We have got clause 2. And then it jumps on the piece in front of you to clause 5. That really should read “clause 3,” and that is the commencement. And the Regulations shall come into force on the 1 st of April 2016.
The SpeakerThe SpeakerYes. Dr. the Hon. E. Grant Gibbons: So it is just a typo, a numbering typo. Okay. Mr. Speaker, those are my comments. Thank you, sir.
The SpeakerThe SpeakerAll right. Thank you, Minister. The Chair will now recognise the Honourable Shadow Minister for Transport, MP Scott. Mr. Scott, you have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. This one should be . . . we do not really see any issues with this. We see these three more as administrative and housekeeping.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Minister Gibbons. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and I thank the Honourable Member for his support. I move that the draft set of Regulations be approved and that a message be sent from this Honourable House to His Excellency …
The SpeakerThe SpeakerThank you, Minister. Are there any objections to that? There are none. So the Regulations have been approved, and a message will be sent to His Excellency the Governor. Bermuda House of Assembly [Motion carried: Draft Regulations entitled the Marine Board (Seaborne Services) Amendment Regulations 2016; The Marine Board (Pilotage …
Thank you, Minister. Are there any objections to that? There are none. So the Regulations have been approved, and a message will be sent to His Excellency the Governor.
Bermuda House of Assembly [Motion carried: Draft Regulations entitled the Marine Board (Seaborne Services) Amendment Regulations 2016; The Marine Board (Pilotage Dues) Amendment Regulations 2016; and The Marine and Ports Author-ity (Port Dues) Amendment Regulations 2016 were considered by the whole House and approved.]
The SpeakerThe SpeakerThank you. We now move to Order No. 10. And Order No. 10 is in the name of the Minister of Finance, Doctor . . . Minister E. T. Richards. You have the floor. Hon. E. T. (Bob) Richards: Ah, yes. I will take it.
The SpeakerThe SpeakerYou will take the “Doctor”? Hon. E. T. (Bob) Richards: Yes, yes, sure. [Laughter] BILL SECOND READING CUSTOMS TARIFF AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, Honourable Members are requested to give consideration to the Bill entitled the Customs Tariff Amendment Act 2016. Mr. Speaker, the Bill …
You will take the “Doctor”? Hon. E. T. (Bob) Richards: Yes, yes, sure. [Laughter]
BILL
SECOND READING
CUSTOMS TARIFF AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, Honourable Members are requested to give consideration to the Bill entitled the Customs Tariff Amendment Act 2016. Mr. Speaker, the Bill proposes to amend the Customs Tariff Act 1970, which will be known as the principal Act, with measures that (1) raise revenue for the Government; (2) reform or repeal selected reliefs; and (3) introduce a fee for the temporary, unrestricted use of goods imported free of duty. These measures affect the principal Act and the Fifth, Sixth and Seventh Schedules t hereto. Mr. Speaker, the Bill also seeks to amend the Customs Department Act 1952 by introducing a fee for the manual input of customs declaration data into the Customs automated processing system (or CAPS) by employees of the Customs Department. Mr. Spe aker, I will now comment in further detail on the various measures of the Bill. I begin with those measures of the Bill that are directed at raising revenue for the Government. Mr. Speaker, in the Budget Statement in support of the Estimates of Revenue and Expenditures for 2016/17, I promised that, “duty on fuel will be raised by 8 cents per litre in April 2016 and 5.5 cents for fuel imported by BELCO to achieve additional Customs revenues of about $11.7 million.” Accordingly, duty will increase on gasoline from 62 cents to 70 cents per litre, on kerosene from 22 cents to 30 cents per litre, on diesel from 42 cents to 50 cents per litre, on heavy atmospheric gas oils from 37 cents to 45 cents per litre, on diesel and fuel oils for BELCO from 14.5 cents to 20 cents per litre. For the sake of clarity, I should mention that these increases do not affect the ad valorem rates for lubricating oils, grease, waste oils, asphalt, petroleum gases, or any petroleum oils containing biodiesel. Mr. Speaker, in the Budget Statement, I also promised that the duty on cigarettes, beer, wines, and spirits would be raised in April 2016, to achieve an additional Customs revenue of about $4 million. Accordingly, duty will increase on cigarettes by 5 cents, from 22 cents to 27 cents per stick, or $54 per carton of 200. On beer and cider, by 27 cents, from 99 cents to $1.26 and $1.68 per litre, respectively. On wines, by 29 cents, from $2.89 to $3.18 per litre. And on spi rits and liquors, by $2.66, from $26.56 to $29.23 per litre of alcohol. Mr. Speaker, I now proceed to the measures of the Bill that have to do with the reform or repeal of selected duty reliefs. Mr. Speaker, the Bill proposes to reform personal duty -free allowances. Personal duty - free allowances are currently cast in a narrative form in section 5A of the principal Act. They are difficult to understand and lack diversion provisions. There is also a certain amount of redundancy and omission. The Bill seeks to better express personal duty-free allowances in the form of headings and subheadings in Chapter 98 of the First Schedule. Redun-dancy and omissions have been eliminated. New headings and sub- headings will be supported by the overarching general rules of interpretation. Helpful chapter notes, including a full set of definitions, are also provided. For the sake of clarity, I should mention that the levels of personal duty -free allowances will remain largely unchanged. However, I would point out that the opportunity has been taken to limit allowances for alcohol and tobacco to persons 18 years and older. Mr. Speaker, the Bill also affects a number of Fifth Schedule end- use duty reliefs. Mr. Speaker, the Bill repeals two end- use duty reliefs. The Bill repeals CPC [customs procedure code] 4112, which deals with insecticides and animal traps. CPC 4112 is largely redundant, as all insecticides are already zero rated in the First Schedule. New national codes for animal traps with zero rates will be introduced in the First Schedule in consequence of the repeal of CP C 4112. The Bill also repeals CPC 4213, which deals with goods for automatic external defibrillators (or AEDs). CPC 4213 is redundant, as now AEDs and parts thereof have their own zero- rated tariff code in the First Schedule. Mr. Speaker, the Bill amends two end- use reliefs. Firstly, the scope of CPC 4189, which deals with structures and mountings for photovoltaic [PV] panels is widened to include all goods imported and used only for PV installation. The current relief is lim-ited to the PV structures and mountings only, and does not include parts of general use or other install ation materials. 1672 21 March 2016 Official Hansard Report
Bermuda House of Assembly Secondly, the Bermuda Legion is added to the list of eligible beneficiaries in CPC 4201, poppies. Honourable Members may be aware that the Royal British Legion, Bermuda Branch, was reformed in 2014 as the Bermuda Legion. The Bermuda Legion is principally responsible for importing artificial poppies and forget -me-nots for distribution in Bermuda. Mr. Speaker, the Bill introduces three new end-use duty reliefs. The Bill introduces a new enduse duty relief, CPC 4220, with a concessionary rate of 33.5 per cent ad valorem for passenger motorcars licensed for road use in Bermuda as trucks. This measure is intended to reduce the misclassification of motorcars principally designed for the carriage of persons as motor vehicles for the transport of goods, while allowing importers access to a lower duty rate for those motorcars that are licensed by TCD [Trans-port Control Department] as light or intermediate trucks. The Bill also introduces a new end- use duty relief, CPC 4221, for goods for the Bermuda Tourism Authority -sponsored “Giving Back Getting Back” neighbourhood beautification initiative. The initiative is a public/private effort to beautify our Island home and motivate community spirit. Under the guidance of the relevant Government authorities, business organis ations and neighbourhood residents Island- wide will join forces to beautify public roadsides. While primarily serving a practical purpose, clearing and beautifying roadsides in Bermuda, the initiative also aims to give residents a greater sense of unity, friendship, and purpose, and to connect them more directly with the businesses and service organisations in their areas. The Bill further introduces a new end- use r elief, CPC 4222, for goods for the Royal Bermuda Regiment. This new relief is created in consequence of the repeal and replacement of Part 3 of the Rev enue Act 1898, which formerly contained duty relief for Her Majesty’s Armed Forces. Mr. Speaker, the Bill amends the following temporary duty reliefs to import the structure of those CPCs generally: • CPC 5002, aircraft equipment, engines, and parts; • CPC 5009, convention or conference goods; • CPC 5019, entertainers’ equipment; • CPC 5023, Government -sponsored convention or conference goods; • CPC 5024, convention or conference goods, local participation.
I would point out that the scope of CPC 5019 has been widened. Currently, the eligible beneficiary of temporary importation relief for entertainers’ equi pment is unhelpfully restricted to visiting entertainers. Accordingly, the Bill amends CPC 5019 to include all importers, allowing claims by agents and subcontrac-tors. In addition, the scope for each of the three te mporary importation reliefs for conventions and confer-ence goods has been widened to include other kinds of meetings to make Bermuda a more attractive venue for any such assemblage or convocation. Mr. Speaker, the opportunity has been taken to introduce security provisions in each of these tem-porary importation reliefs to enhance Customs control of those reliefs. Mr. Speaker, the Bill amends the Seventh Schedule of the principal Act in CPC 4323, the parties or manufacturer in Bermuda. CPC 4323 is amended by introducing a definition of “Bermuda” including th e territorial Sea of Bermuda and the Exclusive Ec onomic Zone (i.e., Bermuda waters). This is to regularise the traditional duty -free importation into home use of fish and other seafood, and to cover other potential products of Bermuda waters. Mr. Speaker, the Bill also proposes to give the Collector of Customs discretion to authorise tempo-rary diversion of duty -relief goods subject to the pa yment of a surcharge. Honourable Members may be aware that in the context of the principal Act, the term “diversion” means the use or disposal of restricted goods imported free of duty in a manner not author-ised by a condition of their importation. Mr. Speaker, as it stands, the collector can authorise diversion only upon payment of the full amount of any outstanding duty. This amendment will allow, for example, the collector to authorise the holder of a duty relief for a commercial fishing boat to use that boat without payment of the full duty during events such as the Christmas Boat Parade, the Non - Mariners Race, or the 35 th America’s Cup event. I nstead of paying the full duty on his or her commercial fishing vessel, the commercial fishermen will have the option of paying a surcharge of 1 per cent of the amount of the outstanding duty per day to use his or her restricted fishing boat during such an event. I now progress to propose amendments to the Customs Department Act 1952. Mr. Speaker, the Bill seeks to introduce a fee in respect to the manual input of Customs declaration data into the customs aut omated processing system by Customs Department staff. That system is called the CAP system. The pr oposed fee is not a revenue- raising measure; rather, the proposed fee is intended as an incentive to decl arants of imported goods to take up electronic submi ssions of BDC, and h ave been calculated at least 60 cents per record, to offset the considerable cost in overtime to the Customs Department for manual data input into the CAPS system by staff members. Currently, importers may submit BDCs by electronic means in two ways. The importer may e ither submit a BDC by transferring to CAPS a single file via the Customs file transfer protocol (or FTP) site, or by entering declaration data, using the browser - based web trader facility offered by the Customs D epartment. While file transfer s by Customs FTP site require the in- house development or off -the-shelf purchase of software, the web service is free of charge.
Bermuda House of Assembly It is expected that the introduction of such a Bill will result in a major reduction in the number of paper BDCs submitted to the Customs Department by incentivising declarants to switch to electronic sub-missions of BDCs. Finally, Mr. Speaker, the Bill does a bit of housekeeping and makes certain consequential amendments. So, with that, Mr. Speaker, I invite Honourable Members to participate.
The SpeakerThe SpeakerThank you, Minister. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 35. MP Dennis Lister, you have the floor. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, in general, we are in support of the Bill that is before …
Thank you, Minister. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 35. MP Dennis Lister, you have the floor.
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, in general, we are in support of the Bill that is before us. We recognise it is part of the process of addressing additional revenue for Gover nment, with the tariffs. I think the Minister, in introduc-ing it, it had three main objectives. One was to raise revenues, to reform and repeal sections of the Bill, and to introduce the temporary fees. Mr. Speaker, the Minister in his presentation laid out the matters in reference to those three areas and how the Bill would address those. And I think w e stand in support of the Bill as it stands, Mr. Speaker, and have no objections to it.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? Then, Minister. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I move the Bill is now committed.
The SpeakerThe SpeakerFine. Any objections to the Bill being committed? There are none. Deputy [Speaker], please take the Chair [of Committee]. House in Committee at 12:48 am [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL CUSTOMS TARIFF AMENDMENT ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the whole [House] for further consideration of the Bill entitled Customs Tariff Amendment Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. We have before us …
Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled Customs Tariff Amendment Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. We have before us one, two, three, four, five . . . I will move all clauses, all 14 clauses. And in clause 15 there was an amendment, a floor amend-ment. So I will move the first 14 [clauses].
The ChairmanChairmanThat would be easier to work with. Are there any objections to working with clauses 1 through 14? No? Please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Madam Chairman, the first clause is the cit ation. Clause 2 amends section 2A of the principal Act, adding section …
That would be easier to work with. Are there any objections to working with clauses 1 through 14? No? Please proceed.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Madam Chairman, the first clause is the cit ation. Clause 2 amends section 2A of the principal Act, adding section 2A(3), thereby giving the Collector of Customs the discretion to reject a customs declar ation classifying goods under heading 98.01 or 98.02. On the Collector of Customs rejecting the subject cus-toms declaration, the Collector of Customs may r equire the person to submit a customs declaration classify ing goods under any other heading of the First Schedule that applies. Clause 3 amends section 13 of the principal Act by (a) repealing and replacing section 13(1), thereby creating a diversion provision linking section 13 to the relevant Chapter 98 headings, as set out in the First Schedule; (b) repealing and replacing section 13(3), thereby allowing the Collector of Customs to approve the use or disposal upon payment of (i) the outstanding duty, or (ii) a surcharge equal to 1 per cent per day of the amount of outstanding duty. Clause 4 amends the First Schedule to the principal Act, under the heading Special rules of interpretation of the Bermuda Nomenclature, by deleting paragraphs 1 and 2 and substituting paragraphs 1, 2 and 3, thereby setting out the rules of interpretation in relation to (a) goods classifiable under heading 98.01 of Section XXII; (b) goods classifiable under heading 98.02 of Section XXII; and (c) in the Bermuda N omenclature, the method by which to utilise the abbr eviations and symbols in column 1 as they relate to column 2 of the associated table. Clause 5 amends chapter 22 of the First Schedule to the principal Act (a) in heading 22.03 and tariff code 2203.000 (beer made from malt) by delet-ing the rate of duty of “$0.99” and by substituting “$1.26”; (b) in heading 22.04 and tariff code 2204.100 (sparkling wine), by deleting the rate of duty of “$2.89” and by substituting “$3.18”; (c) in heading 22.04 and tariff codes 2204.210, 2204.290, 2204.300 (Other wine; grape must with fermentation prevented or arrested by the addition of alcohol), by deleting the rate of “$2.89,” where it appears, and by substituting “$3.18”; (d) in heading 22.05 and tariff codes 2205.100 and 2205.900 (which is vermouth and other 1674 21 March 2016 Official Hansard Report
Bermuda House of Assembly wine of fresh grapes flavoured with plants or aromatic substances) — [Laughter] Hon. E. T. (Bob) Richards: —by deleting . . . I have to do something, Madam Chairman, to make this i nteresting. By deleting the rate of duty “$2.89,” where it appears, and by substituting “$3.18”; (e) in the heading 22.06 and tariff code 2206.000 (other fermented beverages —for example, cider, perry and mead; mixtures of fermented beverages, et cetera), by deleting the rate of duty “$1.41” and by substituting “$1.68”; (f) in heading 22.07 and tariff code 2207.100 (undena-tured ethyl alcohol of an alcoholic strength by volume of 80 per cent —that is 80 proof, I guess —or higher), by deleting the rate of duty “$26.57” and by substitut-ing “$29.23”; and (g) in heading 22.08 and tariff codes 2208.200, 2208.300, 2208.400, 2208.500, 2208.600, 2208.700 and 2208.900 (which is an undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 per cent), by deleting the rate of duty “$26.57” and by substituting “$29.23.” Clause 6 amends Chapter 24 of the First Schedule to the principal Act, in heading 2402.200 (cigarettes containing tobacco), by deleting the rate of duty of “$0.22” and by substituting “$0.27.” Clause 7 amends Chapter 27 of the First Schedule to the principal Act, in heading 27.10 (a) in tariff code 2710.120 (light oils and preparations), by deleting the rate of duty of “$0.62” and by substituting “$0.70”; (b) in tariff code 2710.191 (which is kerosene and other medium oils, not including gas oils), by d eleting the rate of “$0.22” and by substituting “$0.30”; (c) in tariff code 2710.192 (gas oils, diesel), by deleting the rate of duty of “$0.42” and by substituting “$0.50”; (d) in tariff code 2710.193 (gas oils, heavy atmospheric), by deleting the rate of duty “$0.37” and by substituting “$0.45”; and (e) in tariff code 2710.194 (fuel oils not elsewhere specified or included), by deleting the rate of duty of “$0.25” and by substituting “$0.33.” Clause 8 amends Chapter 73 of the First Schedule to the principal Act. Paragraph (a) adds tariff codes “7320.201” and “7320.209,” and paragraph (b) adds tariff codes “7326.201” and “7326.209.” Clause 9 amends Chapter 84 of the First Schedule to the principal Act by adding tariff code “8497.892 [sic] .”
The ChairmanChairmanEight -four-seven- nine. Hon. E. T. (Bob) Richards: It is 8479.892. Did I transpose those?
The ChairmanChairmanYes. Hon. E. T. (Bob) Richards: Okay. Sorry. I see you are following along closely, Madam Chairman. I am most impressed. [Laughter] Hon. E. T. (Bob) Richards: Clause 10 amends Chapter 85 of the First Schedule to the principal Act. Par agraph (a) adds tariff codes “8509.801” and “8509.809,” and …
Yes. Hon. E. T. (Bob) Richards: Okay. Sorry. I see you are following along closely, Madam Chairman. I am most impressed.
[Laughter] Hon. E. T. (Bob) Richards: Clause 10 amends Chapter 85 of the First Schedule to the principal Act. Par agraph (a) adds tariff codes “8509.801” and “8509.809,” and paragraph (b) adds tariff codes “8543.702” and “8543.709.” Clause 11 amends Chapter 98 of the First Schedule to the principal Act. Paragraph (a) deletes and substitutes the notes, thereby adding new notes and definitions to the same. Paragraph ( b) deletes and substitutes new headings 98.01 to 98.02, relative to alcoholic beverages, wines, spirits and tobacco. Paragraph (c) deletes tariff code “9803.171” and substitutes tariff codes “9803.171” and “9803.181.” Clause 12 amends the Fifth Schedule to the principal Act. Paragraph (a) deletes CPC 4112 (insecticides); paragraph (b) amends CPC 4156 (portable computers, parts, and accessories) by deleting the redundant words “Chief Education Officer” (as the post of Chief Education Officer no longer exists) and by substituting the proper and accurate words “Com-missioner of Education”; paragraph (c) amends CPC 4189 (which is for structures and mountings for phot ovoltaic panels, et cetera) by deleting the words “Struc-tures of tariff codes 7308.909 and 7610.909, and mountings of tariff codes 8302.410 and 8302.490” and by substituting the words “All goods”; paragraph (d) amends CPC 4201 (poppies), broadening the same to now include the “Bermuda Legion”; paragraph (e) d eletes CPC 4213 (goods for AEDs); paragraph (f) inserts CPC 4220 in relation to passenger motor cars licensed as trucks; paragraph (g) inserts CPC 4221 in relation to goods for the "Give Back and Getting Back" neighbourhood beautification initiative; paragraph (h) by deleting and substituting CPC 4323 (produced or manufactured goods in Bermuda); paragraph (i) amends CPCs 4703 and 4705 by deleting the rate of “14.5 cents per 1 inch” and by substituting “20 cents per 1 inch”; paragraph (j) amends CPCs 4701, 4702 and 4703 by deleting the words “Gas oils (Diesel)” where they appear, and by substituting the words “Goods of tariff code 2710.192”; paragraph (k) amends CPCs 4704 and 4705 by deleting the words “Fuel oils” and by substituting “Goods of tariff code 2710.193”; and paragraph (l) inserts CPC 4221 relative to goods for the Royal Bermuda Regiment. Clause 13 amends the Sixth Schedule of the principal Act. Paragraph (a) deletes and substitutes CPC 5002, which is for aircraft (equipment, engines, and parts), in relation to persons not ordinarily res ident in Bermuda; paragraph (b) deletes and subst itutes CPC 5009 (goods for conventions or confer-ences); paragraph (c) deletes and substitutes CPC 5019 (entertainer’s equipment); paragraph (d) deletes
Bermuda House of Assembly and substitutes CPC 5023 (goods for government - sponsored conventions or conferences); and [par agraph] (e) deletes and substitutes CPC 5024 (goods for conventions or conferences with local particip ation). Clause 14 amends the Customs Department Act 1952 by adding a new section 4C, thereby pr escribing the manner by which the prescribed fee under the Government Fees Regulations 1976 is to be paid to the Collector of Customs, in respect of the use or application of the manual input of Bermuda Customs Declaration data into the Customs automated proc-essing system (CAPS) by employees of the Customs Department. Those are the 14 clauses, Madam Chairman. I move those 14 clauses.
The ChairmanChairmanThank you, Minister. Are there any other Members who would like to speak to clauses 1 through 14? Thank you. The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Madam Chairman, I think we followed along pretty clearly with the Minister when he was reading it. I …
Thank you, Minister. Are there any other Members who would like to speak to clauses 1 through 14? Thank you. The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Madam Chairman, I think we followed along pretty clearly with the Minister when he was reading it. I would almost ask that he get up and read clause 12 for us again, but I will spare you that one, Minister.
Hon. E. T. (Bob) Richards: Thank you very much. [Laughter]
Hon. Dennis P. Lister: I will spare you that. But one quick question on clause 12, though. In reference to the passenger cars that will be used as trucks, yes, passenger cars that are used as trucks, normally the duty is paid up front (correct?) on any goods coming in? So if the dealer sells it as a car, it is okay. If later that same vehicle is sold as a truck, the additional duty goes on then? Or will this be applied to this class of vehicles just up front either way? Hon. E. T. (Bob) Richards: That is a good question. I will have the answer for you momentarily. [Pause]
The ChairmanChairmanThank you. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: When, Honourable Member, it is used as a truck, you do not have to pay up front. You do not have to pay up front. You asked me whether or not you have to pay up front …
Thank you. The Chair recognises the Finance Minister.
Hon. E. T. (Bob) Richards: When, Honourable Member, it is used as a truck, you do not have to pay up front. You do not have to pay up front. You asked me whether or not you have to pay up front like you do for a car. The answer is no.
Hon. Dennis P. Lister: So, my further question then— The Chai rman: The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: So just for clarity, I bring in Vehicle A as a dealer. And Vehicle A can be used as either a private car or as a truck. So it is listed as a private car, though, when it arrives in the Island. So when the duty is paid up front, I pay the private car rate on that vehicle. And I put it in my showroom as a vehicle for sale, and Customer A comes in and buys it as a private car. It’s all clear. Customer B comes in and buys it and says, I want to stick a light or intermediate licence plate on that and use it as a truck. Then there is an additional duty that goes back to Gover nment for a tax rate for it as a commercial vehicle now.
The ChairmanChairmanThank you. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: I think in those two sc enarios, the second scenario (where the vehicle is used as a truck), you can apply to get a retrospective tax relief. All right?
The ChairmanChairmanThank you. Are there any other Members wh o would like to speak to clauses 1 through 14? There are no other Members who would like to speak to clauses 1 through 14, Minister. If you could move the 1 through 14 clauses. Hon. E. T. (Bob) Richards: Madam Chairman, …
Thank you. Are there any other Members wh o would like to speak to clauses 1 through 14? There are no other Members who would like to speak to clauses 1 through 14, Minister. If you could move the 1 through 14 clauses.
Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move clauses 1 through 14 to stand part of the Bill.
The ChairmanChairmanIt has been moved that clauses 1 to 14 be approved as printed. Any objections to that m otion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 14 passed.]
The ChairmanChairmanPlease proceed, Minister. Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move that the Bill be amended in clause 15 of the Bill.
The ChairmanChairmanDoes everyone have a copy of the proposed amendment? Yes? Please proceed, Minister. AMENDMENT TO CLAUSE 15 Hon. E. T. (Bob) Richards: To amend clause 15 of the Bill by: deleting the full -stop at the end of par a1676 21 March 2016 Official Hansard Report Bermuda House of Assembly …
Does everyone have a copy of the proposed amendment? Yes? Please proceed, Minister.
AMENDMENT TO CLAUSE 15
Hon. E. T. (Bob) Richards: To amend clause 15 of the Bill by: deleting the full -stop at the end of par a1676 21 March 2016 Official Hansard Report
Bermuda House of Assembly graph (i) and by substituting a semi -colon; and by i nserting after paragraph (i) the following: “(j) section 5A of the Customs Tariff Act 1970 is repealed.”
The ChairmanChairmanThank you. Are there any other Members who would like to speak to the amendment to clause 15? Are there any other Members who would like to speak to the entire clause 15? No. There are no Members. Minister. Hon. E. T. (Bob ) Richards: So I move clause 15 …
The ChairmanChairmanIt has been moved that clause 15 be approved as amended. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 15 passed as amended.] AMENDMENT TO CLAUSE 16 Hon. E. T. (Bob) Richards: In clause 16 of the Bill, by repealing clause 16 and replacing the …
It has been moved that clause 15 be approved as amended. Any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: Clause 15 passed as amended.]
AMENDMENT TO CLAUSE 16 Hon. E. T. (Bob) Richards: In clause 16 of the Bill, by repealing clause 16 and replacing the same with the following: “Commencement 16 (1) Section 1 to 13 (inclusive) and section 15 shall come into operation on the 1 st of April 2 016; and (2) Section 14 shall come into operation on the 1st of October 2016.”
The ChairmanChairmanThank you. Are there any other Members who would like to speak to the amendment to clause 16 of the Bill? No, there are no Members who would like to speak to the amendment. Are there any other Members who would like to speak to the entire clause? (Well, that …
Thank you. Are there any other Members who would like to speak to the amendment to clause 16 of the Bill? No, there are no Members who would like to speak to the amendment. Are there any other Members who would like to speak to the entire clause? (Well, that is the entire clause.) I recognise the Finance Minister.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I would like to move clause 16 to stand part of the Bill.
The ChairmanChairmanIt has been moved that clause 16 be approved as amended. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 16 passed as amended.] Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objections to that motion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: I move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. [Motion carried: The Customs Tari ff Amendment Act 2016 was considered by a Committee of the …
It has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. [Motion carried: The Customs Tari ff Amendment Act 2016 was considered by a Committee of the whole House and passed as amended.] [Pause]
House resumed at 1:09 am
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
CUSTOMS TARIFF AMENDMENT ACT 2016
The SpeakerThe SpeakerHonourable Members, the second reading of the Customs Tariff Amendment Act 2016 in the name of the Minister of Finance has been approved as amended. Order No. 11 has been withdrawn earlier t oday. We move now to Order No. 12, which is the Morgan’s Point Resort Amendment Act 2016, …
Honourable Members, the second reading of the Customs Tariff Amendment Act 2016 in the name of the Minister of Finance has been approved as amended. Order No. 11 has been withdrawn earlier t oday. We move now to Order No. 12, which is the Morgan’s Point Resort Amendment Act 2016, in the name of the Minister of Public Works. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I move that the Bill entitled the Morgan’s Point Resort Amendment Act 2016 be now read a second time.
The SpeakerThe SpeakerAny objections to that? Carry on. BILL Bermuda House of Assembly SECOND READING MORGAN’S POINT RESORT AMENDMENT ACT 2016 Hon. L. Craig Cannonier: Thank you, Mr. Speaker. The principal objective for the introduction of the Bill is to amend the Morgan’s Point Resort Act 2014 (the Act) to alter the …
Any objections to that? Carry on.
BILL
Bermuda House of Assembly SECOND READING
MORGAN’S POINT RESORT AMENDMENT ACT 2016
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. The principal objective for the introduction of the Bill is to amend the Morgan’s Point Resort Act 2014 (the Act) to alter the plan for the property and definition of “developer.” These changes will enable the developer to secure financing and enter into a contract with a six -star hotel operator and begin construction of the first phase of the development, namely, the hotel and residential condominiums. The Morgan’s Point resort comprises land in Sandy’s and Southampton that was formerly the US Naval Annex. In part, the property was exchanged by the Bermuda Government for the Southlands Estate. The developer, Morgan’s Point Limited, intends to develop a luxury resort on the land and on land leased from the Government at Morgan’s Point. When the Morgan’s Point Resort Act 2014 was laid before Parliament, the developer did not have a hotel operator for the property, nor the funds to properly investigate the topography of its land. And the boundaries were therefore drawn based on infor-mation the developer had at the time. Now they have agreed terms with a six -star hotel operator. Their plans are more refined and require amendments to the Act. Schedule 2 of the Act is a plan of the property. The Bill seeks to replace the property plan with an amended property plan to make a small boundary ad-justment to the east of the property to include the m arina, which was shown on the other scheduled plans, but missed from the property plan. In addition, it amends the area of the property from 92.6 hectares to 92.83 hectares. There is a very, very, very slight di fference there. Schedule 3 is the land exchange plan, which defines the boundaries between the freehold and leasehold lands, as well as the easements and mar inas. The Bill seeks to replace the land exchange plan with an amended land exchange plan that changes 1.983 hectares of land from the leasehold to freehold, and 1.984 hectares from f reehold to leasehold. The reason for the exchange is to enable the proposed hotel development, including all operations, to be sit uated on one parcel. It will also provide for a new entrance to the property and relocate existing rights -ofway and the easem ents. Schedule 4 of the Act is a plan of development. The Bill seeks to replace the plan of the devel-opment with an amended plan of development to r eflect the Schedule 3 boundary changes between free-hold and leasehold land. It also amends the develo pment boundaries to site the hotel and operations on a single lot, as well as increase the church and commercial boundaries. Schedule 5 of the Act is the list of plans of subdivision. The Bill seeks to replace the list of plans of subdivision with an amended list of plans, which increases the number of lots from 37 to 44. The orig inal of the plans are held at the Office of the Senior Land Surveyor. A larger scale plan of the subdivision that shows the whole site is available for Members to review on the table. The current definition of the “developer” in the Act is restricted to Morgan’s Point Limited. The Bill originally sought to extend the definition of developer to include wholly -owned subsidiaries of Morgan’s Point Limited. The intent of the developer is to create subsidiaries in phase 1, one for the hotel property and one for the residences. This inclusion of “wholly owned subsidiaries” in the definition of developer is consistent with the St. George's Resort Act of 2015. However, I am requesting a floor amendment, Mr. Speaker, to remove the words wholly owned. The reason for this is that the developer has agreed to give the three tranche C lenders 5 per cent each in the equity of one of the developers’ subsidiaries, known as an “equity kicker.” The removal of the wholly owned precondition will accommodate this financial condition. The Co mpanies Act allows at least a 51 per cent stake to qua lify as a subsidiary, as opposed to 100 per cent; ther efore, the request is in line with existing law. The Bill also m akes consequential amendments to other definitions in the Act that reference the scheduled plans and areas to reflect the amended scheduled plans and areas. This Bill will enable the developer to move forward with its financing and begin construction on a new hotel and residences at the Morgan’s Point R esort. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Would any other Member care to speak? The Chair will recognise the Honourable Member from constituency 35. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, the Minister in his presentation basically laid out pretty clearly why this amendment is before us tonight. And, Mr. Speaker, …
Thank you, Minister. Would any other Member care to speak? The Chair will recognise the Honourable Member from constituency 35. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, the Minister in his presentation basically laid out pretty clearly why this amendment is before us tonight. And, Mr. Speaker, we really have no real objection to it. The questions I guess I would have, or my comments , would basically be around, will finally this amendment finally allow us to see real progress take place as far as . . . the Minister made reference to the fact that this allows the hotel partner that Morgan’s Point has brought on board to secure the real finan cing that is required. And having secured that, or the ability to secure that, does the Minister have any tim elines in mind as to when we will see that part of the development started? Because I know at one time, there was some conversation, Mr. Speaker, to have at 1678 21 March 2016 Official Hansard Report
Bermuda House of Assembly least portions of this up and ready for the America’s Cup in 2017. So, are we still online with those sorts of timelines? And, Mr. Speaker, with that said, if they are, how far off are they from the timeline, and what does the new start date look like, and what is the build- out time in regard to the overall project, looking at a completion date? Mr. Speaker, with those few remarks, I will save the rest for when we get into Committee.
The SpeakerThe SpeakerThank you, MP Lister. Would any other Honourable Member care to speak? Minister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I recognise that Morgan’s Point Limited is seeking in their first phase to start getting on with their first phase of work by America’s Cup 2017, the summer of …
Thank you, MP Lister. Would any other Honourable Member care to speak? Minister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I recognise that Morgan’s Point Limited is seeking in their first phase to start getting on with their first phase of work by America’s Cup 2017, the summer of 2017. Whether or not they will be on schedule, there will have to be further conversations had with Morgan’s Point Limited. But this will enable them to move forward. There has already been some great work done, and I am glad to say that they now have a hotel developer signed on to the property. So this is a good thing for Bermuda. So with that in mind, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerAre there any objections to the Bill being committed? Thank you. Deputy [Speaker]? [Pause] Hous e in Committee at 1:19 am [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL MORGAN’S POINT RESORT AMENDMENT ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the whole [House] for further consideration of the Bill entitled Morgan’s Point Resort Amendment Act 2016 . I call on the Minister in charge to proceed. Mi nister, yo u have the floor. Hon. L. Craig Cannonier: Thank you, Madam Chairman. Since there …
Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled Morgan’s Point Resort Amendment Act 2016 . I call on the Minister in charge to proceed. Mi nister, yo u have the floor. Hon. L. Craig Cannonier: Thank you, Madam Chairman. Since there are only five clauses, I move that we do all, 1 through 5.
The ChairmanChairmanMember, I believe you have an amendment? Hon. L. Craig Cannonier: Yes.
The ChairmanChairmanAnd that will be to clause 2. So if we could just do clause 1 first. Hon. L. Craig Cannonier: Okay. Yes. Thank you, Madam Chairman. Clause 1 is the standard citation.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to clause 1? There are no Members, so we can have it approved. Hon. L. Craig Cannonier: Thank you.
The ChairmanChairmanIt has been moved that clause 1 be approved as printed. Any objections to that motion? No objections. Agreed to. [Motion carried: Clause 1 pas sed.] [Gavel]
The ChairmanChairmanMinister, if you could just do clause 2. AMENDMENT TO CLAUSE 2 Hon. L. Craig Cannonier: Thank you, Madam Chairman. Clause 2 amends various definitions in section 2 of the principal Act to refer to the details of the new pla ns. There are reference numbers and areas in Schedules …
Minister, if you could just do clause 2.
AMENDMENT TO CLAUSE 2 Hon. L. Craig Cannonier: Thank you, Madam Chairman. Clause 2 amends various definitions in section 2 of the principal Act to refer to the details of the new pla ns. There are reference numbers and areas in Schedules 2 through 5, as well as the definition of the “Developer”. The amendment seeks to extend the definition of “Developer” to include wholly owned su bsidiaries of Morgan’s Point Limited. I move today to remove the words “wholly owned” so that the definition is extended to subsidiaries of Morgan’s Point Limited without the need for them to be wholly owned.
The ChairmanChairmanThank you, Minister. Does everyone have a copy of the proposed amendment? Yes, everyo ne has a copy of the pr oposed amendment. Is there any Member who would like to speak to the amendment before us? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Madam …
Thank you, Minister. Does everyone have a copy of the proposed amendment? Yes, everyo ne has a copy of the pr oposed amendment. Is there any Member who would like to speak to the amendment before us? The Chair recognises the Member from constituency 35.
Hon. Dennis P. Lister: Madam Chairman, just to basically agree with what the Minister said in his original brief in the House. He indicated that it was drafted in line with former drafts that were done for other proper-ties, and it is a special request here made by this parBermuda House of Assembly ticular developer who is seeing it be removed. So we have no objection.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister , if you would move just the clause 2. Hon. L. Craig Cannonier: Thank you, Madam Chairman. I move clause 2 of the Bill.
The ChairmanChairmanIt has been moved that clause 2 be approved as amended. Any objection to that motion? No objection. Agreed to. [Gavel] [Motion carried: Clause 2 passed as amended.]
The ChairmanChairmanNow, Minister, you can move clauses 3 through 5 now. Hon. L. Craig Cannonier: Thank you. I move clauses 3 through 5. Clause 3 amends section 6(1)(c) in reference to Schedule 3, Land E xchange Plan, the drawing number to reflect the dra wing number of the new Land Exchange …
Now, Minister, you can move clauses 3 through 5 now.
Hon. L. Craig Cannonier: Thank you. I move clauses 3 through 5. Clause 3 amends section 6(1)(c) in reference to Schedule 3, Land E xchange Plan, the drawing number to reflect the dra wing number of the new Land Exchange Plan in Schedule 3. Clause 4 amends the reference in section 8(1) to the number of lots from 37 to 44 to reflect the new plan of subdivision referenced in the list in Sched-ule 5. Clause 5 replaces the plans, Schedule 2 (Plan of the Property), Schedule 3 [Land Exchange Plan], Schedule 4 (Plan of the Development), and Sche dule 5 (List of Plans of Subdivision) to reflect the new property boundaries and subdivisions.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to clauses 3 through 5? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Chairman. Madam Chairman, the only comment I have is in reference to clause 4. Under the new clause …
Thank you. Are there any other Members who would like to speak to clauses 3 through 5? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Chairman. Madam Chairman, the only comment I have is in reference to clause 4. Under the new clause 4, it changes the number of properties or lots from 37 to 44. In the explanation, it makes reference to the fact that the 44 will be a breakdown of 27, w hich will be freehold, and 27 leasehold. My question here, Madam Chairman, is, under the 37, when there were 37 lots, what was the breakdown in regard to freehold and leasehold under the 37?
The ChairmanChairmanThank you, Member. The Chair recognises the Mini ster. Hon. L. Craig Cannonier: Thank you, Madam Chairman. I would need to get that. I actually do not know the breakdown right at hand.
The ChairmanChairmanWe will wait. Hon. L. Craig Cannonier: If you will give me a second. Yes. [Pause]
The ChairmanChairmanThe Chair recognises the Minister. Hon. L. Craig Cannonier: Thank you. Thank you, Madam Chairman. One leasehold and balance freehold, thirty - six.
The ChairmanChairmanThe Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: So, of the original 37, one was a freehold, and the — Hon. L. Craig Cannonier: The balance were leas eholds. Hon. Dennis P. Lister: And the others were leas ehold. So basically, we are seeing a major …
The Chair recognises the Member from constituency 35.
Hon. Dennis P. Lister: So, of the original 37, one was a freehold, and the —
Hon. L. Craig Cannonier: The balance were leas eholds.
Hon. Dennis P. Lister: And the others were leas ehold. So basically, we are seeing a major shift as well, in that now the 27 being freehold and 17 being leas ehold is a major shift from what the composition was before. Can you give any explanation for that?
[Pause]
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. L. Craig Cannonier: Thank you, Madam Chairman. Just taking a quick look at the area that we are talking about, it was not subdivided before. So that would be the answer to why it appears as if . . . but it …
Thank you. The Chair recognises the Minister.
Hon. L. Craig Cannonier: Thank you, Madam Chairman. Just taking a quick look at the area that we are talking about, it was not subdivided before. So that would be the answer to why it appears as if . . . but it was not subdivided before. If you take a look on the map, you will see where the new areas are. That particular area was not subdivided.
The ChairmanChairmanThank you, Minister. The Chair now recognises the Member from constituency 35. Hon. Dennis P. Lister: Unfortunately, Madam Chai rman, I do not really have a full comparison in order to be able to compare what was before and what is now. So I am a bit reserved with the …
Thank you, Minister. The Chair now recognises the Member from constituency 35. Hon. Dennis P. Lister: Unfortunately, Madam Chai rman, I do not really have a full comparison in order to be able to compare what was before and what is now. So I am a bit reserved with the response in that r egard. I just think it is a major change in the compos i1680 21 March 2016 Official Hansard Report
Bermuda House of Assembly tion to go from having one freehold and the rest in leasehold, to now we have got the majority of them freehold.
The ChairmanChairmanThank yo u. The Chair recognises the Honourable and Learned Member from constituency 24 [sic] . Hon. Michael J. Scott: Thank you, Madam Chairman. The Shadow Minister of Public Works did ask me to look at this from a legal perspective. As far as I can see, the leasehold land …
Thank yo u. The Chair recognises the Honourable and Learned Member from constituency 24 [sic] . Hon. Michael J. Scott: Thank you, Madam Chairman. The Shadow Minister of Public Works did ask me to look at this from a legal perspective. As far as I can see, the leasehold land as a whole and the free-hold land as a whole has not changed at all.
Hon. L. Craig Cannonier: No, it has not.
Some Hon. Members Some Hon. MembersThat is right. Hon. Michael J. Scott: I mean, it is the same land. It is a subdivision. So within that, large lots have changed. Hon. L. Craig Cannonier: Yes. Hon. Michael J. Scott: And so, there has been no major significant alteration. Yes. I think we are all right.
The ChairmanChairmanThank you, Member. Are there any other Members who would like to speak to clauses 3 through 5? There are none. Minister. Hon. L. Craig Cannonier: Thank you, Madam Chairman. I now move all five clauses.
The ChairmanChairmanWe are going to move the three clauses. We already moved 1 and 2. Hon. L. Craig Cannonier: Oh, the three, yes, clauses 3, 4 and 5.
The ChairmanChairmanSo we are moving that clauses 3 through 5 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 3 through 5 passed.]
The ChairmanChairmanNow we will move the Schedules. Hon. L. Craig Cannonier: Thank you, Madam Chairman.
The ChairmanChairmanWe will move Schedules 2 through 5? Hon. L. Craig Cannonier: Move Schedules 2 through 5, yes.
The ChairmanChairmanIt has been moved that Schedules 2 through 5 be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Scheduled 1 through 5 passed.]
The ChairmanChairmanThe Preamble? Hon. L. Craig Cannonier: Yes. Thank you, Madam Chairman. I move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objection to that motion? No objections, Agreed to. [Gavel] Hon. L. Craig Cannonier: Thank you, Madam Chairman. I move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Morgan’s Point Resort Amendment Act 2016 was considered by a Committee of the whole House and passed as amended.] House resumed …
It has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: The Morgan’s Point Resort Amendment Act 2016 was considered by a Committee of the whole House and passed as amended.]
House resumed at 1:31 am
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
MORGAN’S POINT RESORT AMENDMENT ACT 2016
The SpeakerThe SpeakerHonourable Members, the Morgan’s Point Resort Amendment Act 2016 has been approved with amendments. The next Order of Business, Proceeds of Crime Amendment Act 2016, in the name of the Learned Attorney General and Minister of Legal Af-fairs. Minister Moniz, you have the fl oor. Bermuda House of Assembly Hon. …
Honourable Members, the Morgan’s Point Resort Amendment Act 2016 has been approved with amendments. The next Order of Business, Proceeds of Crime Amendment Act 2016, in the name of the Learned Attorney General and Minister of Legal Af-fairs. Minister Moniz, you have the fl oor.
Bermuda House of Assembly Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I move that the Bill entitled the Proceeds of Crime Amendment Act 2016 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? Carry on, please, Minister. BILL SECOND READING PROCEEDS OF CRIME AMENDMENT ACT 2016 Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. Mr. Speaker, the Proceeds of Crime Amendment Act 2016 seeks to make amendments to section 25 of the Proceeds of Crime …
Are there any objections to that? Carry on, please, Minister.
BILL
SECOND READING
PROCEEDS OF CRIME AMENDMENT ACT 2016 Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. Mr. Speaker, the Proceeds of Crime Amendment Act 2016 seeks to make amendments to section 25 of the Proceeds of Crime Amendment Act 2015. Section 25 of that Act amends the Companies Act 1981, and that provision is due to come into effect on the 1 st of April 2016. Mr. Speaker, the Bill will support the strengt hening of Bermuda’s Anti -Money Laundering Anti - Terrorist Financing [AMLATF] framework. The amend ment is a part of the ongoing effort to ensure a high level of compliance with the revised global AM-LATF standards set by the Financial Action Task Force, namely, the FATF, for the recommendations. In particular, the Bill seeks to make amendment to sec-tion 25 to simplify the requirements contained therein while achieving the objective of ensuring that Ber-muda is in compliance with FATF’s requirement for the maintenance of a publicly accessible central regi ster of company directors. Mr. Speaker, by way of background inform ation, the FATF is the intergovernmental body esta blished in 1989 which sets the international standards for combatting money -laundering, financing of terrorism, and financing of the proliferation of weapons of mass destruction. As a member of the Caribbean F inancial Action Task Force (CFATF), which is an ass ociate member of FATF, Bermuda has fully committed itself to implementing the international standards set by the FATF. Mr. Speaker, the Act contains a range of amendments to Bermuda’s AMLATF legislative framework, which were designed to address a number of gaps that were identified in Bermuda’s regime after the FATF revised its standards in 2012. Section 25, which amends the Companies Act 1981, represents one of the measures being taken to address FATF’s requirements so that Bermuda can have a high level of compliance with the FATF standards. Furthermore, Mr. Speaker, based upon co ncerns raised about the practicality of the current amendment in section 25, consideration was given to maki ng adjustments to the provision to make it more administratively manageable while still satisfying the FATF requirement. The Bill makes conducive amendments to section 25 accordingly. It is intended that this Amendment will take effect on April 1 st, 2016, the date when section 25 is also due to come into force. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister, Attorney General. Would any other Honourable Members care to speak? The Chair will recognise the Learned Member from constituency 36. MP Michael Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, we have absolutely no objections to the reorganisation and …
Thank you, Honourable Minister, Attorney General. Would any other Honourable Members care to speak? The Chair will recognise the Learned Member from constituency 36. MP Michael Scott, you have the floor.
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, we have absolutely no objections to the reorganisation and amendments that have been made to make this Bill a more workable platform for proceeds of crime. So I am happy to support the Learned Attorney General’s amendments. Thanks.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Would any other Honourable Member care to speak? Minister, Attorney General. Hon. Trevor G. Moniz: Thank you, Mr. S peaker. I move that the Bill be committed.
The SpeakerThe SpeakerIt has been moved that the Bill be committed. Are there any objections to that? Okay. [Pause] House in Committee at 1:35 am [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL PROCEEDS OF CRIME AMENDMENT ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the whole [House] for further consideration of the Bill entitled Proceeds of Crime Amendment Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Trevor G. Moniz: Thank you, Madam Chairman. I move clauses 1, …
The ChairmanChairmanAre there any objections? No objections. Minister, please proceed. 1682 21 March 2016 Official Hansard Report Bermuda House of Assembly Hon. Trevor G. Moniz: Thank you, Madam Chairman. Clause 1 is the title of the Bill. Clause 2 repeals and replaces section 25 of the principal Act (which is a …
Are there any objections? No objections. Minister, please proceed. 1682 21 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. Trevor G. Moniz: Thank you, Madam Chairman. Clause 1 is the title of the Bill. Clause 2 repeals and replaces section 25 of the principal Act (which is a provision that amends the Companies Act 1981). Section 25 of the Act amends the Companies Act by adding a new section 64A, r equiring companies to file with the registrar information about their directors and requiring the registrar to maintain a central, publicly accessible register of di-rectors. The amendment contained in this Bill renum-bers the provision being added to the Companies Act, removes the requirement for annual filing, and i mposes a time frame within which changes to the information filed on directors is to be notified to the registrar. This amendment is made to address concerns from industry regarding the onerous nature of the a nnual filing requirement, while still conforming to FATF’s requirements in relation to directors’ inform ation. So the new one will be that people file within 30 days, rather than doing an annual filing. Clause 3 is the commencement provision.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to clauses 1 through 3? There are no Members who would like to speak to clauses 1 through 3. Attorney General, you have the floor. You will just move the clauses. Hon. Trevor G. Moniz: Yes. I move …
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 3 passed.] Hon. Trevor G. Moniz: Madam Chairman, I move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Any objections to that motion? No objections. Agreed to. [Gavel] Hon. Trevor G. Moniz: I move that the Bill as printed be reported to the House.
The ChairmanChairmanIt has been moved that the Bill as printed be reported to the House. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Proceeds of Crime Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] [Pause] House resumed at …
It has been moved that the Bill as printed be reported to the House. Any objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: The Proceeds of Crime Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] [Pause]
House resumed at 1:38 am
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
PROCEEDS OF CRIME AMENDMENT ACT 2016
The SpeakerThe SpeakerMembers, the Proceeds of Crime Amendment Act 2016, has been approved. We move now to Order No. 14. This is the first [sic] reading — The Clerk: This is the second reading.
The SpeakerThe Speaker—of the Police and Criminal Evidence Amendment Act 2016, in the name of the Attorney General and Minister of Legal Affairs. So the Chair will recognise the Learned Attorney General. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I move that the Bill entitled the Police and Criminal …
The SpeakerThe SpeakerCarry on. BILL SECOND READING POLICE A ND CRIMINAL EVIDENCE AMENDMENT ACT 2016 Hon. Trevor G. Moniz: Thank you, Mr. Speaker. By introducing the Police and Criminal Evidence Amendment Act 2016, I am pleased to present to this Honourable House this important piece of legi slation to amend the principal …
Carry on.
BILL
SECOND READING
POLICE A ND CRIMINAL EVIDENCE AMENDMENT ACT 2016 Hon. Trevor G. Moniz: Thank you, Mr. Speaker. By introducing the Police and Criminal Evidence Amendment Act 2016, I am pleased to present to this Honourable House this important piece of legi slation to amend the principal Act to afford another tier
Bermuda House of Assembly in Bermuda’s fight against crime. Mr. Speaker, this Bill will have the effect of restoring and legitimising the ability of the Bermuda Police Service to issue formal police cautions to persons suspected of committing offences and who admit culpability. Furthermore, cautions will be issuable in two types of appropriate ci rcumstances under the directive of the Director of the Department of Public Prosecutions [DPP] as follows: a) for offences listed in the Public Prosecutions Director’s guidance issued in preparation for section 36 of the Police and Criminal Ev idence Act 2006, which authorises the BPS to issue cautions in accordance with the stated DPP- issued guidelines; and b) for offences other than those in Appendix B of said document, where the BPS and the DPP determine that a formal prosecution in the courts is not necessary, including offences listed in Appendix A of said document, for which the BPS is not authorised to lay charges without the authorisation of the DPP. Aggrav ating and mitigating factors, together with an individual’s past convictions or cautions, are considered in this latter determination. Mr. Speaker, cautions have traditionally been given in accordance with guidance of the DPP issued under section 36 of PACE, the Police and Criminal Act 2006. However, in 2013, the Centre for Justice judi-cially reviewed the DPP’s decision not to publish such guidance. It was then discovered that section 36 had not yet been brought into force as part of the final phase of PACE implementation. As a result of the j udicial review application, guidance was published, and the provisions of this Bill are hereby sought to be en-acted. In the meantime, section 36 will remain in abeyance, as it addresses broader guidance in r espect of decisions on charging police bail and cautions, and is intended to come into force as part of the final phase of implementation of PACE. Mr. Speaker, the new provisions of this Bill are intended to be an interim measure and will be i ncidentally repealed when section 36 of PACE comes into force, per clause 3 of the Bill. The overarching policy intent is to provide a tool for law enforcement to prevent unnecessary criminalisation in the first i nstance, and to further deter persons from future actions that may lead to criminalisation. Furthermore, similar alternatives to prosecution measures have also been utilised by law enforcement in other jurisdictions, including the UK and Hong Kong. It should also be noted, Mr. Speaker, that given the collaborative nature of this undertaking, the DPP, the Bermuda Police Service, the judiciary, and the Bermuda Bar Council are supportive of these measures. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Attorney General. Would any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36. MP Michael Scott, you have the floor. Hon. Michael J. Scott: Thank you, sir. We, in large measure, welcome the facility of a police caution, given that it …
Thank you, Attorney General. Would any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36. MP Michael Scott, you have the floor.
Hon. Michael J. Scott: Thank you, sir. We, in large measure, welcome the facility of a police caution, given that it leads to the overarching policy of avoiding unnecessarily criminalising citizens of the country, of the Island. Mr. Speaker, of course, you know, I do recall that the former DPP [Director] Field, had declared in February, around the 16 th, a code for prosecutors to guide them in the making of, the reaching of a decision to bring a criminal matter. And this provision of a guideline for cautioning, I hope, is properly aligned with that code. Alas, Mr. Speaker, we do not have any details of the code as yet. February was only a short time ago. But I would want practitioners of the criminal bar to be aware that I am taking under advice the fact that persons may not wish the whole structure of giving of a police caution. A person may not wish to have a caution, a formal caution given because this ends up on their record and can be referred to in a subsequent proceeding. I know that the criteria is they proceed with a caution when a person has admitted guilt or has made a confession. But we still have to be sensitive to pr otecting the prisoner who has been arrested and is being given this proposal that you are going to be formally cautioned, and if they have made an admission, they may wish to alter it. But at least the Learned Attorney General’s proposal thus far for this future provision to come in under section 36, it does not give all of the nuts and bolts as to how the caution platform is going to work. I mean, I have looked at how the caution platform works in other countries. There is the formal caution, but there are also things called conditional cautions and simple cautions. And I do not know whether the DPP is going to adopt this kind of platform. So I [see this as] a little striking out in the dark as we see this provision, which in general principle is good, but the combination of alig ning it with the crown counsel codes of decision- making and guidelines is a matter that still, for myself, remains outstanding. I keep mentioning the DPP. And with your indulgence, Mr. Speaker, I acknowledge with some satisfaction and joy that Mr. Field, the former DPP, has now retired and gone to other fields. But we r ecently had announced today the appointment of Ber-muda’s new DPP in the personage of Mr. Larry Mussenden. And with your indulgence, I certainly take the opportunity to congratulate Mr. Mussenden on this significant constitutional appointment. But back to the Bill: I just have questions as to the fact that we do not have any thresholds that are in contemplation of the introduction into the PACE Act of 1684 21 March 2016 Official Hansard Report
Bermuda House of Assembly either the simple caution or the caution with conditions. It simply goes straight to the formal caution. So you either get one at the discretion of the DPP or an inspector or police, or you do not get one. And these are decisions which, in best practice, may I suggest, can have these thresholds of decisions whether to allow the caution to be designed as a simple caution or a caution with conditions. But with those observations, my general observation is that we welcome the ability of a criminal justice system to apply the caution, to attach it to the PACE Act at section 36. And I just look forward to both the guidelines being ironed out in a full way, either by the incumbent DPP or by further information to this House from the Attorney General to further d escribing how this formal caution is going to work or whether it is going to be downgraded by consider ations of a simple caution platform and/or a conditional caution platform. But with those observations, I support the amendment. Thank you, sir.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 15. MP Roban, you have the floor.
Mr. Walter H. RobanThank you, Mr. Speaker. I would just like to echo the sentiments shared by my honourable and learned friend to my left, from constituency 36. The Bill which brings into place a number of new cautions will clearly have some impact on how the police conduct themselves, Mr. Speaker, in …
Thank you, Mr. Speaker. I would just like to echo the sentiments shared by my honourable and learned friend to my left, from constituency 36. The Bill which brings into place a number of new cautions will clearly have some impact on how the police conduct themselves, Mr. Speaker, in relation to their duties. And if this perhaps adds an opportunity for the police to adjust their relationship with persons whom they have to deal with in the community, in particular when it comes to offences that perhaps in the past have been treated slightly more harshly, and have unfortunately led to some of the members of our community developing a history of criminal behaviour, this will certainly be a good thing. Also, I suspect that this will allow the police to transfer some of their resources elsewhere to areas that certainly need more of their attention, such as areas of violent crime and other areas, crimes against persons, and areas that perhaps affect parts of the community a little bit more severely. So it may ult imately move into an area that may provide the police with some savings, and they are able to shift their ef-forts in other, more productive ways rather than deal-ing, confronting many of our citizens who perhaps are committing certain offences. And I do not want to get into what those offences might be. Because perhaps once those cau-tions become more detailed, they will be giving the police the appropriate direction. But I do hope that this sort of develops into assisting the police themselves in doing their job differently, and it may ultimately co n-tribute to a better relationship that they will have with certain sectors of the community. And it allows them some flexibility on their own, how they exert their powers as they seek to keep our country safe. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Would any other Member care to speak? Then I revert back to the Attorney General. You have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker, and I thank the two Honourable Members on the other side who made contributions to this debate. …
All right. Thank you, Honourable Member. Would any other Member care to speak? Then I revert back to the Attorney General. You have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker, and I thank the two Honourable Members on the other side who made contributions to this debate. With respect to the Honourable Shadow Attorney General, I can only say that, you know, certainly it is the intention to move towards conditional cautions as well as cautions. We have had some problems in the past because the system has been operating on an informal basis. The formal statutory basis was not in place because section 36 was part of Part 5 of PACE, which was not yet in force. So we will be seeking to formalise that so everybody could see what the code is, et cetera. I join with the Honourable Shadow Attorney General in congratulating the newly appointed DPP as the new DPP, and I look forward to working with him. We will probably have to update a number of items here, and this will come under his purview in the sense of the guidance on cautions which may need to be updated. And we will be looking at some of the more modern practices of conditional cautions that my honourable and learned friend has looked at. There is some concern on the part of the Bermuda Police Service in the sense that anything that adds to their burden. So of course, if you have a conditional caution, someone has to make sure that the condition is met. So the police are saying, Oh, well, who is that going to be? If it has to be us, then are we following around someone to see if he does damage to someone’s fence, that he repairs the da mage to the fence? It involves more engagement and work on the part of the Police Service and, obviously, will have to be coordinated with the efforts of the D epartment of Public Prosecution. So there are some challenges there. But we are trying to see how we can move forward. We looked at a more complex framework of ticketing and warnings, as they use in the UK. But I must say there was resistance from the Police Service, saying, Well, you know, in times of reduced budget, reduced manpower, are we going to take on something that may be onerous? But we are determined on this side to take people out of the criminal justice system, where appropriate. And I think to be fair to the police and to the prosecutors, you see far fewer people going to the Magistrates Court on very minor charges than we
Bermuda House of Assembly have before. And obviously, now we have things like the drug court. We have things like the mental health court. Wherever we are able to take people out of the system, we are taking people out of the criminal jus-tice system and giving them another path to being responsible citizens. I hope I have answered those questions, Mr. Speaker. And having said that, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Attorney General. Any objections to that? The Bill will be committed. Deputy Speaker? [Pause] House in Committee at 1:54 am [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL POLICE AND CRIMINAL EVIDENCE AMENDMENT ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the whole [House] for further consideration of the Bill entitled Police and Criminal Evidence Amendment Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Trevor G. Moniz: Thank y ou. Thank you, Madam Chairman. I …
The ChairmanChairmanAre there any objections? There are no objections. Please proceed. Hon. Trevor G. Moniz: Madam Chairman, this is pretty much as I set it out in the House. Clause 1 is the citation. Clause 2 inserts the new section 36A after section 36 of the PACE, Police and Criminal Evidence …
Are there any objections? There are no objections. Please proceed.
Hon. Trevor G. Moniz: Madam Chairman, this is pretty much as I set it out in the House. Clause 1 is the citation. Clause 2 inserts the new section 36A after section 36 of the PACE, Police and Criminal Evidence Act 2006. And that section sets out the guidance on formal police cautions. Clause 3 deals with the repeal of section 36A when the original section 36 comes into force. So when Part 5 of PACE comes into force, this section will drop away. Clause 4 amends section 36. Clause 5 is the commencement, which says that the Bill comes into force on such date as the Mi nister responsible for Justice appoints by notice in the Gazette.
The ChairmanChairmanThank you, Attorney General. Are there any Members who would like to speak to clauses 1 through 5? The Chair recognises the Member from constituency 36. You have the floor. Hon. Michael J. Scott: Thank you, Madam Chairman. M adam Chairman, just to repeat my observ ations earlier, that we …
Thank you, Attorney General. Are there any Members who would like to speak to clauses 1 through 5? The Chair recognises the Member from constituency 36. You have the floor. Hon. Michael J. Scott: Thank you, Madam Chairman. M adam Chairman, just to repeat my observ ations earlier, that we support the five clauses and are content to be supportive of them. Thank you.
The ChairmanChairmanThank you, Learned Member. Are there any other Members who would like to speak to clauses 1 through 5? No other Members. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: In that case, I move clauses 1 through 5.
The ChairmanChairmanIt has been moved that clauses 1 through 5 be approved as printed. Are there any objections to that motion? No objections. Thank you. [Gavel] [Motion carried: Clauses 1 through 5 passed.] Hon. Trevor G. Moniz: I move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. Trevor G. Moniz: Madam Chairman, I move that the Bill as printed be reported to the House.
The ChairmanChairmanIt has been moved that the Bill as printed be reported to the House. Any objections to that motion? No objections. Agreed to. [Moti on carried: The Police and Criminal Evidence Amendment Act 2016 was considered by a Commi ttee of the whole House and passed without amendment.] [Pause] House …
It has been moved that the Bill as printed be reported to the House. Any objections to that motion? No objections. Agreed to. [Moti on carried: The Police and Criminal Evidence Amendment Act 2016 was considered by a Commi ttee of the whole House and passed without amendment.] [Pause]
House resumed at 1:57 am
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
1686 21 March 2016 Official Hansard Report
Bermuda House of Assembly POLICE AND CRIMINAL EVIDENCE AMENDMENT ACT 2016
The SpeakerThe SpeakerThank you, Honourable Members. The Police and Criminal Evidence Amendment Act 2016, in the name of the Attorney General, has been ap-proved. We move on now. Order No. 15 is carried over. We mo ve to Order No. 16 in the name of the Junior Minister of Home Affairs. Sylvan …
Thank you, Honourable Members. The Police and Criminal Evidence Amendment Act 2016, in the name of the Attorney General, has been ap-proved. We move on now. Order No. 15 is carried over. We mo ve to Order No. 16 in the name of the Junior Minister of Home Affairs. Sylvan Richards, you have the floor.
DRAFT AGREEMENTS
LEGAL MORTGAGE AND SECURITY AGREEMENT BETWEEN THE CORPORATION OF HAMILTON AND CLARIEN BANK LIMITED
BERMUDA DOLLAR CREDIT FACILIT Y AGRE EMENT BETWEEN THE CORPORATION OF HAMI LTON “THE BORROWER” AND CLARIEN BANK LIMITED
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker and Honourable Members of this House, I am pleased to introduce the draft Legal Mortgage and Security Agreement and the draft Bermuda Dollar Credit Facility Agreement between the Corporation of Hamilton and Clarien Bank Limited. Honourable colleagues are advised that the Corporation of Hamilton (the Corporation) has been in discussions with Clarien Bank Limited (Clarien) to s ecure financing for the Corporation following the nonpayment of an $18 million loan to Mexican Infrastructure Development Finance, LLC (or MIF), as a result of the Supreme Court judgment in May 2015, for which they are now liable. I n order for the Corporation to service the monthly payments to Clarien, they have informed the Minister of Home Affairs that they must generate add itional revenue to avoid default on any loan arrangement. Mr. Speaker, in an effort to assist the Corpor ation to secure the necessary financing to service the monthly debt to Clarien, the Minister has worked on behalf of the Corporation, which includes, but is not limited to: 1. meeting with the Mexico Infrastructure financing group (or MIF) in conjunction with the Minister of Finance, which has provided assur-ance to MIF that the Government was working with the Corporation to secure the necessary financing; 2. providing a letter of assurance to the Corpor ation from the Attorney General, which was in-tended to provide comfort that the necessary legislation would be tabled, thereby affording the Corporation of Hamilton with additional revenues to service this debt; and 3. a letter of comfort between the Ministry of F inance and Clarien Bank intending to provide assurances that the full loan, once released, would be covered until such time as the legis-lation, as outlined in the letter of comfort from the Attorney General, has been passed by the Legislature, at which point the Corporation should be in a position to serve its commit-ment independent of any government guaran-tee.
Mr. Speaker, you will recall that this Honourable House also: 1. passed the Traffic Offences Procedure Amendment and Validation Act 2015 in D ecember of 2015 that provided for the munic ipalities to collect all revenues generated from parking tickets within the municipal limits; and 2. passed amendments to the Municipalities Act 1923 in December of 2015 that permitted the Corporation of Hamilton to increase its bor-rowing limit from $20 milli on to $30 million. Mr. Speaker, the Ministry has also been wor king with the Attorney General’s Chambers to table legislation that would permit the Corporation the ability to clamp motor vehicle offenders, since the previous parking ticket regime was not proving effective. That legislation is actively under review by the technical officers. Mr. Speaker, as I alluded to earlier in my presentation, the purpose of this loan facility is to e nable the Corporation to repay amounts owed to MIF pursuant to the judgment dated 27 th of May 2015, obtained by MIF against the Corporation of Hamilton, in the amount of US $18 million, plus interest and the accrued costs. The Corporation has advised that the facility is being made available on the assumption that the amendments to the legislation and the letter of assurance from the Attorney General, which—
The SpeakerThe SpeakerHonourable Member, wait a minute. I am not clear here. You are doing the Legal Mortgage and Security Agreement? Mr. Sylvan D. Richards, Jr.: Yes, Mr. Speaker. They are actually being done together.
The SpeakerThe SpeakerI am not understanding this. Mr. Sylvan D. Richards, Jr.: Okay. There were two documents —
The SpeakerThe SpeakerYes, right. I have two documents. Bermuda House of Assembly Mr. Sylvan D. Richards, Jr.: Yes. The Legal Mor tgage and Security —
The SpeakerThe SpeakerCan you do those two separately so I can understand them, because . . . Mr. Sylvan D. Richards, Jr.: Okay. Well, the brief that I have . . . they are being done together.
The SpeakerThe SpeakerAll right then. Carry on. Mr. Sylvan D. Richards, Jr.: The brief refers to both documents.
The SpeakerThe SpeakerAll right. Carry on. Thank you. Mr. Sylvan D. Richards, Jr.: Okay. As I alluded to earlier in my presentation, the purpose of this loan facility is to enable the Corpor ation to repay amounts owed to MIF pursuant to the judgment dated 27 th of May 2015, obtained by …
All right. Carry on. Thank you. Mr. Sylvan D. Richards, Jr.: Okay. As I alluded to earlier in my presentation, the purpose of this loan facility is to enable the Corpor ation to repay amounts owed to MIF pursuant to the judgment dated 27 th of May 2015, obtained by MIF against the Corporation of Hamilton, in the amount of US$18 million, plus interest and accrued costs. The Corporation has advised that the facility is being made available on the assumption that the amendments to the legislation and the letter of assur-ance from the Attorney General which, in the reason-able opinion of the bank, provides for these enhanc ements to the borrower’s income capacity. Honourable colleagues are advised t hat, in accordance with section 20(1) of the Municipalities Act 1923, powers of corporations with respect to real and personal property, et cetera, and I quote: “the Corpo-rations of Hamilton and St. George’s, respectively, are hereby empowered — a) to purchase, take, hold, mortgage, pledge, deal with, and dispose of, at their own will and pleasure, all manner of goods, chattels, and other personal property; and b) to purchase, take, hold, receive and enjoy, and to give, grant, release, demise, assign, sell, mortgage, or otherwise dispose of and convey by deed under the seal of the Corpo-ration, any land in Bermuda, in fee simple or for a term of life or lives or years or in any other manner.”
It goes on to say, “[at section 20](1A) Any agreement for — a) the sale of land which is the property of the Corporation; or b) a lease, conveyance or other disposition of any interest in land which is the property of the Corporation, being a lease, disposition or conveyance expressed to be for a term ex-ceeding twenty -one years or for terms renewable exceeding in the aggregate twenty -one years, and any related agreement, must be submitted in draft to the Minister for approval by the Cabinet, and be approved by the Legislature.” Mr. Speaker, I refer specifically to the prov isions of section 20(1)(a) of the Act and hereby submit to this Honourable House the following documents which have been approved by the Minister and Cabinet before being presented to the Legislature, in ac-cordance with the provisions of that section. The first is the draft Credit Facility Agreement. The second is the draft Legal Mortgage and Security Agreement, to be entered into by the Corporation as a condition of, and security for, the credit facility. For ease of reference, the key terms relating to the aforementioned documents are as follows: 1. Section 2(1)(a) of the Municipalities Act 1923 regarding the Corporation of Hamilton: a. The purpose of the facility is to enable the Corporation of Hamilton to repay the existing loan facilities owed to the bank and to satisfy the judgment, as previously mentioned; and b. The bank requires the Corporation to provide security in the form of the mortgage over certain freehold prop-erties and land of the Corporation as listed in Schedule 8 of the Credit F acility Agreement of Properti es; 2. The facility is to be made available on usual commercial terms, including: a. the interest -only period commencing on the first drawdown date and en ding on the date which is the sooner of (a) one year from, and including, the first drawdown date, and (b) three months from, and including, the new parking legislation date; b. the final repayment date falling 15 years from, and including, the last day of the interest -free only period.
Mr. Speaker, against that background, I table these agreements in this Honourable House for con-sideration and approval, as we believe this will provide the avenue for the Corporation to have the ability to borrow the funds required to pay MIF, which is long overdue. It is also our hope that this will allow the new council to finally focus its efforts on other aspects of running the Corporation without having this matter remain a thorn in its flesh. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from const ituency 15. MP Walter Roban, you have the floor.
Mr. Walter H. RobanThank you, Mr. Speaker. 1688 21 March 2016 Official Hansard Report Bermuda House of Assembly The Honourable Junior Minister did give an explanation of these credit facilities and loan doc uments. I do not profess to be a financial whiz, but obviously, we kind of understand why these documents are …
Thank you, Mr. Speaker. 1688 21 March 2016 Official Hansard Report
Bermuda House of Assembly The Honourable Junior Minister did give an explanation of these credit facilities and loan doc uments. I do not profess to be a financial whiz, but obviously, we kind of understand why these documents are here and what their purpose is. But despite under-standing why this is happening, I do not believe that the general public has any more understanding as to what has happened with the $18 million that these documents . . . and the $26 million that they will facil itate to assist the Corporation. There is still not quite the clarity that is required, certainly that we feel is r equired, as to what happened, where the money is, and what is going to be done about it. This is going to essentially give the Corpor ation a lifeline, Mr. Speaker, so that hopefully it can get its house in order, or certainly at least keep its house going. Because certainly, I think the understanding I and many have is that this situation has put the Cor-poration in severe economic distress, risking the loss of its own property due to the situation that the mis sing $18 million has put them in. I do find it quite interesting, and I do not know if this is actually in any of these documents. But, Mr . Speaker, I did recall the Junior Minister mentioning a letter of comfort that was provided. I do not believe I have seen that letter of comfort in this House or [that is has been] provided for the purpose of public disclo-sure. I am assuming that the Government had som ething to do with that letter being drafted. And it would have been of interest to have seen that letter of comfort, to just understand what is being provided. But I say again that this is a situation that, unfortunately, has created a risky situation for the Corporation of Hamilton. This is essentially a bailout of that risky situation to give a lifeline or, essentially, at least allow the Corporation to stay alive as an entity, as a business entity that can take care of its obligations, tha t can maintain its functioning to the benefit of the country. And let us be clear. The Corporation of Hami lton is essential to the very functioning of Bermuda. It is the heart of the Island. If Bermuda was [a body], that would be the heart that keeps the circulation, the economic –social circulation of the country going. There are other smaller contributors to that, such as St. George's. And I am not belittling St. George's in its importance to the country. But the ec onomic lifeblood of this country is the Corporation of Hamilton. It has been the capital since 1789 (or som ething like that). And I am not sure if in its history it has ever been in this situation. But here we are. There is the missing amount of $18 million, of which little is known to this point Mr. Speaker, about where it is, what happened, and what is being done to get that money back. Much less, here we are today providing a f acility, or being asked as a legislature to provide a faci lity, that will allow the Corporation to repay its credi-tors, the Mexico Infrastructure Finance (I believe is the name of the company), who, as we have seen in r eports, at one point either threatened or was in the p osition to sequester or seize assets of the Corpor ation—property, valuable property, real estate— which in itself would have certainly put the Corporation in a very difficult position. And despite the fact that this is clearly necessary, it is our view that the country has no more un-derstanding of what has happened, where the money is, and what is going to be done to get it back. So, here we are, Mr. Speaker. And as I said before I did present some other pieces to this that the Honourable Junior Minister mentioned, such as the letter of comfort and some other documents. I am a little interested as to why those have not also been presented to us, as the view is that this is a matter of some public interest. Certainly it is, because we are having to approve these loans and facilities. So trans-parency and disclosure would seem to be the best policy. So perhaps the Junior Minister can answer some of those questions, Mr. Speaker. I am not going to belabour too much more about what centres around this issue. I think we un-derstand that there were certain assurances given to this House by the OBA Cabinet, the Premier, about how this was going to be handled, and by the Minister who sits in another place. And it certainly appears as if there was either an inability to follow through with those assurances, or things evolved in a way that the Government lost control of the situation. So, here we are. And I will at this point take my seat. Perhaps others have some comments. And I do hope that some of the answers the Honourable Junior Minister will be able to provide, Mr. Speaker. Because, sadly, very few answers have been given. Thank you.
The SpeakerThe SpeakerWould any other Honourable Member care to speak? The Chair will recognise the Honourable A ttorney General. You have the floor, Learned Member. Hon. Trevor G. Moniz: Mr. Speaker, I can just speak to the letter of comfort to say that the letter of comfort is not here, but it …
Would any other Honourable Member care to speak? The Chair will recognise the Honourable A ttorney General. You have the floor, Learned Member.
Hon. Trevor G. Moniz: Mr. Speaker, I can just speak to the letter of comfort to say that the letter of comfort is not here, but it was a very simple document just to say that the Government undertook to use its best efforts to put the legislation in place that the Corpor ation was looking for with respect to parking and clam ping, et cetera. It is a very simple, straightforward document. There was no mystery about that. I do not know if I can help any further than that other than to say, as far as I am aware, with respect to the other matters whereof the Honourable Member speaks, that investigations are continuing. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Attorney Ge neral. Bermuda House of Assembly The Chair will now recognise the Honourable Member from constituency 18, MP Burt.
Mr. E. David BurtMr. Speaker, I will be very brief. But knowing that we are back here on something else following on something else following on something else following on something that originated way back in 2013, where on this side of the House we were very clear that the Government may have …
Mr. Speaker, I will be very brief. But knowing that we are back here on something else following on something else following on something else following on something that originated way back in 2013, where on this side of the House we were very clear that the Government may have been getting themselves into a tricky situation. And at that time, the Government saw fit to give the Corporation of Hamil-ton the power to guarantee a loan with their assets. And I just want to read into the record, b ecause I see that there are still hearty numbers of the media who are here working at such early hours such as we are, Mr. Speaker. But I would like to quote what a Minister from another place said when this approval was taking place. He said (and I quote), “It is intended that the guarantee is subject to very specific criteria, and the Corporation of Hamilton will be required to conduct thorough due diligence to the satisfaction of the Bermuda Government before the execution of what is essentially a collateralised mortgage.” Key point, Mr. Speaker —“to the satisfaction of the Bermuda Government.” Again, the Bermuda Government approved this agreement or this arrangement that got us to this place, of the missing $18 million. But again, I will quote the Honourable Premier. At that point in time, he was just the Honourable Minister for National S ecurity, I believe, and was [giving] the approval in this House. And he said, and I quote, “There are appropr iate checks and balances in place that will be used to protect the assets and protect the land in the best i nterest of the people of Bermuda.” When the Honourable Junior Minister gets a chance to respond, I would hope that he would inform us what happened to those checks and balances. B ecause it has been quite some time, and nobody seems to know what happened to the $18 million. We have seen certain people who may or may not have been arrested. But at the end of the day, as we heard the Honourable Minister of Finance say earlier that the buck stops with him, where does the buck stop in the One Bermuda Alliance Government? If they said the checks and balances would be in place, if they said the due diligence would be there, why is it that we do not know where this $18 million is? Why is it that the checks and balances did not work? Why is it that the due diligence that we were promised in this House did not happen and we are here approving more and more arrangements to cover up for what clearly was somebody not paying attention to what they should have been doing inside of the Bermuda Government? Thank you, Mr. Speaker. The Speaker: Thank you, Honourable Member. Would any other Honourable Member care to speak? Then, Junior Minister.
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. As the Honourable Attorney General stated, the $18 million that is missing is the subject of an ongoing police investigation. So it is not too much that I can say here, as it is an ongoing investigation. We have also debated previously that this is a situation that did go awry. And now we have to deal with the situation as it is. So by approving these two documents, the Corporation will be in a position to pay back the loan that is owed to MIF. So with that being said, Mr. Speaker, I now move that this Honourable House, in accordance with sections 20(1)(a) and 20(1)(b) of the Municipalities Act 1923, approve the Legal Mortgage and Security Agreement between the Corporation of Hamilton and Clarien Bank, Limited, as set out in the agreement.
The SpeakerThe SpeakerThank you. Are there any other Members who care to speak? Then all those in favour, say Aye. Those against, say Nay. AYES.
The SpeakerThe SpeakerThe Ayes have it. [Motion carried: The Legal Mortgage and Security Agreement between the Corporation of Hamilton and Clarien Bank, Limited was considered by the House and approved. ]
The SpeakerThe SpeakerCarry on with Order No. 17. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. In terms of Order No. 16, I move that a message be sent —
The SpeakerThe SpeakerMinister, before you do that, I just wanted to indicate that a message also will be sent to His Excellency the Governor in this regard. Mr. Sylvan D. Richards, Jr.: Thank you. Okay. Order No. 17. I now move that this Honourable House approve the Bermuda Dollar Credit Facility Agreement …
Minister, before you do that, I just wanted to indicate that a message also will be sent to His Excellency the Governor in this regard.
Mr. Sylvan D. Richards, Jr.: Thank you. Okay. Order No. 17. I now move that this Honourable House approve the Bermuda Dollar Credit Facility Agreement between the Corporation of Hami lton “the Borrower” and Clarien Bank Limited, as “Bank.”
The SpeakerThe SpeakerThank you. All those in favour, say Aye. Those against, say Nay. AYES. 1690 21 March 2016 Official Hansard Report Bermuda House of Assembly The Speaker: So that is moved. [Motion carried: The Bermuda Dollar Credit Facility Agreement between the Corporation of Hamilton “the borrower” and Clarien Bank Limited was …
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. That concludes Order Nos. 16 and 17. All other Orders are carried over? All Oppos ition Orders are carried over? There is one other Order. We do have the Honourable Premier. You have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. …
All right. Thank you, Honourable Member. That concludes Order Nos. 16 and 17. All other Orders are carried over? All Oppos ition Orders are carried over? There is one other Order. We do have the Honourable Premier. You have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I ask for leave to give notice that I propose to move the following Resolution under the provision of Standing Order 23(3). BE IT RESOLVED, pursuant to section 2 of the Ministers and Members of the Legislature (Sala-ries and Pension) Act 1975 that the annual salaries to Members of the Legislature listed—
The SpeakerThe SpeakerJust a minute, Premier. First of all, we have to . . . I think we have ask for leave, do we not? I think so. Just one second. Any objections? All right. There are no objections. All right, Premier. MOTION MINISTERS AND MEMBERS OF THE LEGISL ATURE (SALARIES AND …
Just a minute, Premier. First of all, we have to . . . I think we have ask for leave, do we not? I think so. Just one second. Any objections? All right. There are no objections. All right, Premier.
MOTION
MINISTERS AND MEMBERS OF THE LEGISL ATURE (SALARIES AND PENSIONS) ACT 1975
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. As I was saying, BE IT RESOLVED, pursuant to section 2 of the Ministers and Members of the Legislature (S alaries and Pension) Act 1975 that the annual salaries to Members of the Legislature listed in Part A, and off icers of the Legislature listed in Part B of the Table shall be set out in column 3 of the Table with effect from April 1 st, 2016, to 31st of March 2017.
The SpeakerThe SpeakerI am just going to make sure that the Members have that, Premier. [Pause]
The SpeakerThe SpeakerLet the Speaker have one as well. [Laughter]
The SpeakerThe SpeakerDo not forget the Speaker. [Pause]
The SpeakerThe SpeakerOkay, Premier. You may carry on. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, Honourable Members might r ecall that in April 2013, Ministers of this Government agreed to cut their ministerial salaries by 10 per cent. This step was taken in recognition of the concern upon assuming …
Okay, Premier. You may carry on. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, Honourable Members might r ecall that in April 2013, Ministers of this Government agreed to cut their ministerial salaries by 10 per cent. This step was taken in recognition of the concern upon assuming office about the cost of operating the Government and served as a tangible demonstration of the commitment to reduce that cost. This Government chose to lead by example. Certainly, on its own, this cut in ministerial salaries was not only the right thing to do, but it remains a right thing to do at this time, Mr. Speaker. At that time, Mr. Speaker, no reductions were asked of any other Members of the Legislature. You will be aware, Mr. Speaker, that in the years 2014/15 and 2015/16, the salaries remained as they were from the year 2013/14. The motion before us this evening continues the salaries of the Ministers and Members of the Leg-islature at the rates established in 2013. Existing sal aries for Ministers and Members of the Legislature are set out in column 2 of the table that people have in front of them, Honourable Members have in front of them. And the proposed salaries, all unchanged, are set out in column 3, as is the standard practice.
The SpeakerThe SpeakerAll right. Thank you. Would any Honourable Members care to speak? No one is speaking to the Premier? Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I move that they be approved.
The SpeakerThe SpeakerAll right. Are there any objections to that? There are no objections. The Ministers and Members of the Legislature (Salaries and Pension) Amendment is approved. [Motion carried: Ministers and Members of the Legi slature (Salaries and Pension) Amendment approved.]
The SpeakerThe SpeakerWe have completed all of the Orders. So, the Chair will recognise the Minister of Finance. SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to permit me to move that the Bill ent itled …
We have completed all of the Orders. So, the Chair will recognise the Minister of Finance.
SUSPENSION OF STANDING ORDER 21
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to permit me to move that the Bill ent itled the Land Tax Amendment Act 2016 be now read a third time [by its title only].
The SpeakerThe SpeakerAny objections? There are none. [Motion carried: Standing Order 21 suspended.] Bermuda House of Assembly The Speaker: Minister, carry on, please. BILL THIRD READING LAND TAX 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 passed. [Motion carried: The Land Tax Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will now recognise the Minister for Public Work s. SUSPENSION OF STANDING ORDER 21 Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Mor-gan’s Point Resort Amendment Act 2016 be now …
The SpeakerThe SpeakerAny objections to that? There are none. [Motion carried: Standing Order 21 suspended.]
The SpeakerThe SpeakerPlease carry on, Minister. BILL THIRD READING MORGAN’S POINT RESORT AMENDMENT ACT 2016 Hon. L. Craig Cannonier: I move that the Bill do now pass.
The SpeakerThe SpeakerAny objections? The Bill is passed. [Motion carried: The Morgan’s Point Resort Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will now recognise the Learned Attorney General. SUSPENSION OF STANDING ORDER 21 Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Pr oceeds of Crime Amendment Act 2016 be …
The SpeakerThe SpeakerAny objections to that? [Motion carried: Standing Order 21 suspended.]
The SpeakerThe SpeakerCarry on, Attorney General. BILL THIRD READING PROCEEDS OF CRIME AMENDMENT ACT 2016 Hon. Trevor G. Moniz: The Proceeds of Crime Amendment Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerThank you. Any objections? There are none. [Motion carried: The Proceeds of Crime Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerAttorney General, carry on. SUSPENSION OF STANDING ORDER 21 Hon. Trevor G. Moniz: I am obliged, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Police and Criminal Evidence Amendment Act 2016 be now read the third time by …
The SpeakerThe SpeakerAny obj ections to that? There are none. [Motion carried: Standing Order 21 suspended.]
The SpeakerThe SpeakerCarry on. BILL THIRD READING POLICE AND CRIMINAL EVIDENCE AMENDMENT ACT 2016 Hon. Trevor G. Moniz: The Police and Criminal Ev idence Amendment Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerThank you. Any objections? The Bill is passed. 1692 21 March 2016 Official Hansard Report Bermuda House of Assembly [Motion carried: The Police and Criminal Evidence Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerDo you have one? Hon. E. T. (Bob) Richards: Yes, Mr. Speaker, I have one more.
The SpeakerThe SpeakerCarry on, Minister. SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that Standing Order 21 be suspended in order to enable me to move that the Bill entitled the Customs Tariff Amendment Act 2016 be now read by its title only.
The SpeakerThe SpeakerThank you. Any objections to that? There are none. [Motion carried: Standing Order 21 suspended.]
The SpeakerThe SpeakerCarry on, Minister. BILL THIRD READING CUSTOMS TARIFF AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, the Customs Tariff Amendment Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerThank you. Any objections? The Bill is passed. [Motion carried: The Customs Tariff Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Member from constituency 15. IMMIGRATION REFORM POLICIES
Mr. Walter H. RobanThank you, Mr. Speaker. Mr. Speaker, as we come to the close of this, what some might call historic session of Parliament to break for perhaps what I consider to be a well -earned respite from the affairs of state, there is no doubt that the last five days have …
Thank you, Mr. Speaker. Mr. Speaker, as we come to the close of this, what some might call historic session of Parliament to break for perhaps what I consider to be a well -earned respite from the affairs of state, there is no doubt that the last five days have been an interesting experience for many of us. And I am using the word “interesting” in a very economical way, I think, Mr. Speaker. But it is difficult for me to conclude my parti cipation in this very important session of which we con-cluded the Budget business, much legislative bus iness of which the Government had, without some r eflection, some reflection as to what we have exper ienced. And, Mr. Speaker, let us just kind of go back to where this all started. In early February, in the midst of a handling of a by -election where a candidate in canvassing the constituents of [constituency] 13 was victorious and came to this House . . . that candidate just happened to be the PLP challenger to that event on the 4 th of February. [Then] on the 5th, as many in the country were feeling a sense of happiness and pride by the events of that process, we were thrown by a new an-nouncement of Government’s intention to pursue a legislative course by creating Pathways to Status. Some might say that that in itself was an act [causing] indignation because of the manner upon which that announcement was made—in the shadow of what seemed to be a jubilant electoral victory. That event then was followed with much di scussion and, I would say, much contemplation as to what this actually meant. And it was very clear that amongst the public, Mr. Speaker, there was a ret icence, hesitation and concern about what the Go vernment was proposing, primarily, Mr. Speaker, because it was contrary to what the Government had promised not only in intention but also in practice. It was quite well documented that the Government had denied that it was taking this particular path. Now, this was done, this announcement was made at the highest level with Cabinet Ministers and Junior Ministers pronouncing to the country the inte ntion of what was being proposed. And it was very clear that the pathway that the Government was tak-ing was raising certain feelings in the country, raising feelings of the past, a path of injustice, a path of disenfranchisement, a path of opportunity denied, a path towards policies, it was felt, that did not bring about a good situation in the country. Some say it was an effort to enhance an already privileged group over a group that had been denied opportunity. Some saw it as an effort by the Government to manipulate the electoral situation of the country. These are some of the comments that we found being fluttered around the community as to the Government’s intention [were], when it announced the Pathways to Status. We then saw what can be described as a growing awareness, and in some cases alarm, by cer-tain sectors of the community. And I think it is impor-tant to remind [everyone] that the proposals that the
Bermuda House of Assembly Government put at the time were, to many, remini scent of efforts by the Government when (perhaps one might say) in another cloak, in another persona, that it had tried before to bring to the country, and were r ejected. But the argument was being put by the Government that this is the right thing to do. This is cor-recting wrongs that were made or that were not addressed in the past by others. It was addressing concerns or issues raised in our courts, and that this was going to bring a certain economic relief to the country, bring in a certain level of stability to the population, ensure economic growth and opportunity. These are just some of the arguments that we heard. But despite that, Mr. Speaker, members of the community were unsettled, were concerned, were fearful, to the point that many decided to galvanise themselves in a manner upon which they felt would best represent a democratic effort and civic effort to make representations against what the Government was proposing. The Government then had a meeting that it planned to hold at a church hall, of which, when effort was made to hold the meeting, attendees actually showed their displeasure for the policy of the Government, which caused the meeting to be disrupted and shut down. In fact, I will rewind a little bit. I do believe that similar members actually attended this House and showed their expressions against this par-ticular policy. And I am not going to dispute that per-haps in the Rules of the House that was seen as not being correct. But it happened. And that is all I am making reference to. I am not casting judgment, Mr. Speaker, it happened. But there appeared to be a growing sent iment, a growing atmosphere of serious concern for what the Government was proposing. And the charge, certainly in making the defence for this particular policy proposal, was being made by a couple of Mini sters, one of whom sits in another place who it was well known, one in particular was keenly interested in se eing these policies brought into place and, one can argue, was in some cases as the opposite to myself, the lead in this effort. And one might argue that over the four weeks after which the announcement was made, Mr. Speaker, the sentiment of concern grew. The climate around these issues began to get more intensified, more volatile, with persons in institutions or organis ations in the country expressing real concern about what was going to be the impact of a certain legisl ation that has now been withdrawn from this House. But, Mr. Speaker, the concern also was the reaction that the Government made to these efforts. We heard at one point Members of the Government, Members of the Cabinet, referring to those who made a clear public statement of rejection and even made an effort to disrupt one of the Government’s efforts t o what they would argue was an effort to communicate what they were trying to do. They referred to these people as “bullies,” despite the fact that some might argue they were expressing their democratic right to show displeasure to a Government policy. But they were referred to as bullies. We even saw Ministers taking to social media, Mr. Speaker, with comments that perhaps were not very complimentary of these same persons, partic ularly the Minister who seemed to be leading this effort. And one has to be concerned, because these reac-tions were, one might argue, not in keeping with what one might say was the best reaction from those who have responsibility for the affairs of this country. Now, Mr. Speaker, I would like to read som ething. It is from the Ministerial Code of Conduct, 2015, recently produced. And it is under Section A of the General Principles which apply to Cabinet Ministers. And with your permission, if I may read it briefly, not belabouring in any way, it states: “Ministers are ex-pected to behave according to the highest standards of constitutional and personal conduct in the perfor mance of their duties.” I think that is very important because one sees Ministers as not only creatures of Government, but also in some cases guardians of the rights and privileges and opportunities of citizens. Their behav-iour and standards are required to be of the utmost highest behaviour, highest standard, Mr. Speaker, constitutionally and personally. But I believe that we saw certain conduct and behaviour that was not necessarily in keeping with what has been outlined here. That’s my opinion, Mr. Speaker, totally so. But I reference the Ministerial Code to articulate my view on this. Comments in s ocial media, comments related to the actions of me mbers of the public —which really brought no harm to anyone, but certainly were a strong expression of feeling about the intentions of the Government of the day—referring to them as bullies. One has to kind of be puzzled. These were just individuals. They had no weapons. They had no particular tools of strength, other than their own bod-ies and their own voices and their own will. And they took their concerns to those who control the wheels of state, the power of the purse, the power of enforc ement. And they were referred to as the bullies. Later on, as these events transpired and got much more, one might say, volatile, or perhaps expanded in their effort as more and more people began to express, Mr. Speaker, their true concern for the policy that was related to that Bill which was wit hdrawn earlier in this particular day’s session . . . I am doing my best not to reflect so that I do not get on your—
An Hon. Member An Hon. MemberBad side?
Mr. Walter H. RobanYes, to the side where you have to enforce the rules on me, Mr. Speaker. I am 1694 21 March 2016 Official Hansard Report Bermuda House of Assembly doing my best. I am sure you will give me guidance if I stray. [Inaudible interjections]
Mr. Walter H. RobanBut we even witnessed these events, certainly over the last five days of this partic ular effort to reject the Government policy, build to a state where thousands of Bermudians showed their own displeasure to the point where the conduct of this House was interrupted. We saw the same Gover …
But we even witnessed these events, certainly over the last five days of this partic ular effort to reject the Government policy, build to a state where thousands of Bermudians showed their own displeasure to the point where the conduct of this House was interrupted. We saw the same Gover nment take legal action against certain individuals who were involved with this particular effort —legally, some might argue —to restrain their ability to express themselves, to freely assemble, to express their con-science. Now, one might argue they were clearly in violation of section 33(1) of the Labour Relations Act. Fine! But there are others who may see it another way, where you are restraining the rights of people to assemble, restraining them through the court from expressing themselves, and prohibiting their ability to freely . . . or potentially prohibiting or threatening their ability to freely carry out these rights in their own country. We not only saw, Mr. Speaker, an escalation or an increase of the public will, we saw also increase in the use of the power of the state in this effort. And I suspect that my colleagues will get into [a better] de-scription about this. But my concern is that we have Ministers of the Government who contemplated with a certain indignation the introduction of a policy carry out a conduct and behaviour which was not of the highest standards to criticise Bermudians for freely expressing themselves, pushing the country to a civil precipice. And I am trying not be too volatile with my language because I think we have had enough volati lity, Mr. Speaker. But it was serious. Another concern is that we found Ministers acting in excess in ways that were not complementary to the goodwill of the country. That was not in keeping with section A of the Ministerial Code and the responsibility to be the guardians of our Constitution and our personal rights. This Government was so driven by an agenda to pass legislation that they, in some cases, nearly put their own Government at risk, much less the goodwill of the country and the goodwill of the voters and the rights of some people, as well. They pr epared to go to the court to [enjoin] individuals from freely expressing their constitutional rights. Mr. Speaker, considering there was collective responsibility in this, that is an obligation of the Mini ster, considering that the Minister of Home Affairs led this charge from the beginning, one might argue this was an effort of such national significance that any Minister should have been prepared to hang his or her appointment on its success or failure. This was not a light matter! This was not just any piece of legislation. This was not just any five days in the life of Bermuda. This was historic, this is where the country was pushed to the edge by, one might argue, the ambi-tions of at least one Minister of this Government. And, Mr. Speaker, that Minister should r esign—should resign, should resign, sho uld resign —
[Desk thumping]
[Timer beeps]
The SpeakerThe SpeakerHonourable Member, that is it! Come on, guys. The Chair recognises the Honourable and Learned Member from constituency 36. MP Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, without reflecting too much upon the motion of urgent public importance debate in this place, …
Honourable Member, that is it! Come on, guys. The Chair recognises the Honourable and Learned Member from constituency 36. MP Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, without reflecting too much upon the motion of urgent public importance debate in this place, where I recall I stood from this seat and asked questions of the Government, whether they thought that the course that they were pursuing was a course that would inflame civil tumult in our country, and we received answers that were inadequate. And then we saw the situation of our Island descend into deeper and deeper calamity. And we cannot let the occasion pass without marking a very clear line that the last five days have been piled high with great difficulty, much reflection from the Chair that you [preside] from, by yourself early this morning, and the first statement and an-nouncement from yourself reflecting on where we had come. And, Mr. Speaker, we had disruption, partial disruption and closure of our schools. We had, as we continue to have, citizens going on a hunger strike. We had an unprecedented locking and blocking of access to these Chambers, where the country’s Legi slative affairs are to be pursued. Mr. Speaker, it was a remarkably trying week. And, Mr. Speaker, it was not the fault, or cause, of the Opposition, this side of the House. It was the intrans igence of the front bench of the One Bermuda Alliance pursuing courses of action which, as I began my statement, which predictably would take the country to tumult, major, major tumult. And yet, Mr. Speaker, we see no accounting being brought to bear by the front bench Ministers who took the hard line in the position of all of the Ministers of this Government, starting with the Premier, the first amongst the equals. The Attorney General, who took legal action, casting oil onto flames, and the Minister who s its in the other place, who pursued this legislative provision which brought the country to civil unrest . . . and in any democracy, in any Westminster system, Ministers who do these kinds of things to their Government . . . their heads should roll. And we see nothing. We see nothing. We are going to go down tonight. We almost
Bermuda House of Assembly did not [complete] the [Committee of Supply] on this country’s Budget because of courses of action supported by this Government being undertaken, so that the House became blocked. But plainly, Mr. Speaker, the country was driven, pushed to a severe state from young people in schools to seniors coming out of their homes and congregating on these grounds and saying no to the Bill that you, Mr. Speaker, were pleased and duty - bound to preside over its being withdrawn from the Order Paper. And then we have this letter sponsored by the Premier and Leader of the OBA, this letter which plainly purports to reintroduce these provisions three months hence. Many people will wonder, Well, has the Government not learned? Has the Government not respected the fact that there has been and there was this stolid, stolid objection to these kinds of prov isions being brought in Bermuda? And so, you know, when you consider the action of this Government taking the country to where it took us five days ago, again, ordinarily, ordinarily . . . and may I say this? Had there not been a face- saving exercise of these negotiations, which the People’s Committee and the BIU pursued, had there not been this face- saving letting off -of-the-hook, the Gover nment or the Premier could have fallen. This is how serious it became. And the Premier . . . we can either celebrate him or tell the Premier that he has been extremely lucky. But he was pursuing a course of absence of politics and absence of the pursuit of political science that was leading to his leadership and position as Premier coming to an end. It was going that way. And I do not say this to give him or the Government any comfort. Because the level to which the Premier took the country, aided and abetted by the Minister who sits in the other place (a) has not been forgotten; (b) is a fact. His embattled position is a reality, and it r emains so. The fact that there was some face- saving and the taking- off-of-the-fishhoo k does not remove the fact that the Premier of this country and of the OBA has been embattled, where he has had on the day before the 15 th of March one of his own front benchmen r esign over this issue. This was the beginning of the piling . . . this was part of the piling- up of the embattlement of the Premier of this country. And so, I do not take lightly where we were. Nobody in this country does. And many people today continue to feel that this die remains one that has been cast, and the matter has not been resolved, par-ticularly in light of the fact that the arrogance of the Government in getting off of this hook of stating in terms of its agreement that they are going to revisit this odious Bill — the Bill that was so odious to many people in this country —that they are going to come back with it. But if they do so, as one of their former colleagues (a former Member of this House), Mr. John Barritt, said, They will do so at their peril. They will do so at their peril. Fitness to govern is a balancing act. F itness to govern is a balancing act. And the Government came perilously close to trivialising the business of this House in the face and teeth of a Budget session where you were meant to supply the country’s funding. That was compromised. And I know, Mr. S peaker, that you yourself, as the Chair of this House and Leader of this House, felt keenly these developments. That was one offence. The offence that was encaps ulated in this Pathways to Status Bill was another of-fence. The resistance, the stubborn, unpol itical inabi lity, the paralysis of the Premier to deal with this matter in a timely fashion to prevent [the work stoppage on the docks continuing] so that the Chamber of Com-merce was onto the Premier, obviously, and onto the front bench to make this matter reach a point of res olution so that children could get back to school and ferries could start running again and buses could start running again and children could get back to school . . . I mean, it was a complete, perfect state of civil breakdown. And th en we have the Minister who sits in the other place stand and make an apology for this stub-bornness. It is not good enough. The Honourable former Minister of Tourism showed great courage of conviction. Having ex-pressed his inability to support where his c olleagues were taking the country, he resigned. It is what ought to happen. But the Minister from the other place— who has the greatest responsibility for throwing this Bill into the society in the way and manner that he did it after the by -election of the Honourable Member, Mr. R abain, and the events which unfolded from that day forward— does not . . . that Honourable Senator from the other place does not deserve the confidence of ministerial position. I say that with all sincerity. But I say this: I often g ive advice and counsel. I say this to the Premier. Keep that particular Minister in place, and see if that does not become an albatross, a great weight, around your political fortunes and neck. Keep him there and see how long it takes before again we are visiting these turbulent kinds of waters in this country. We have taken the position in the PLP, with the diplomacy of thanking all who achieved the first term of that letter, that the Bill be withdrawn, which we were pleased to see occur this morning at fi rst light. We have taken the position that we cannot, as polit icians, as representatives of the people—a sizable portion of the people of this Island—cannot and shall not support the committees that are going to be formed up to look into Pathways to Status. That would be a most injurious insult to the people of this country. And so we shall resist it. But keep the Minister of Immigration in place, I say, rhetorically. Continue to bring this proposal, to pursue this Bill’s terms and conditions in some not 1696 21 March 2016 Official Hansard Report
Bermuda House of Assembly only flawed . . . it is a complete charade to suggest that there will be some consultation going on to bring this Bill and its terms into a consultative process. A complete charade. Do that. Continue to do that, and see if the waters do not become turbulent again in this country and we find ourselves yet again bringing the country into a state of tumult. So, here we are. These are serious times. The occasion is piled high. We have gone through a most unprecedented set of developments in our body politic in this country. And I only take comfort in the fact that the reality remains that those troubles and the embattlement of the Premier and the missteps and poor decisions of the Government are now a matter of record. The resignation of a Minister is a matter of record. The clear statements from the people of this [country], from people who sat upon these grounds for four or five days, their statements of resistance are a matter of record. And they have not evaporated. Enda Matthie and her continuing protest is a matter of continuing record. And we need, Mr . Speaker, I say with all humility, to pay attention to the fact that these matters are still unresolved and yet resolved. And they are just under the surface. And a Government that is fit to govern would do better than this. Mr. Speaker, I call on the Government. There is a path (speaking of pathways), there is a path to making these conditions better. Minister Fahy should be called on to resign. He should not be allowed to pursue the continuation in this portfolio. Any number of paths could be chosen to begin the process of heal-ing in the country. But that is certainly an important one. And this is not just me being political; I am ma king an analysis here of matters that we all exper ienced over five days that wer e unprecedented. But I fear that we will not see these kinds of steps being taken. I fear that we will not. Such was the resistance of the front bench. Such was the arrogant, steely resistance to move. It was both paralysis and a stubbornness to move that makes it clear to me, as I look across at the Government benches, that this has become their modus operandi. They will hold out at the expense of the safety, civility, peace and prosper-ity of this Island. So, continue to keep the Minister from the other place, Minister Fahy, in place. Continue to pursue this remarkably flawed intent to reintroduce what was taken off the table this morning and clawed back onto the top of the table over the next three months. Continue to do that. Continue to take the people of this country for granted. Continue to ignore their clear resistance, and we will very smartly be back to turbulent waters. And you will write your epitaphs. You will write your epitaphs. That Bill, now a withdrawn Bill, was very much a dead letter, a last will and testament. How could you do such a thing and keep it there for five days whilst the country slid into the abyss? We did not even sit on the precipice. We actually were in the abyss. The news that went overseas to international media, the observation of all of our partners — [Timer beeps] [Gavel]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Learned A ttorney General. You have the floor. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. It is ironic to stand here this morning to listen to these speeches and these, dare I say, threats. Dare you bring …
Thank you, Honourable Member. The Chair will now recognise the Learned A ttorney General. You have the floor.
Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. It is ironic to stand here this morning to listen to these speeches and these, dare I say, threats. Dare you bring forward this odious Bill and . . . There have been a lot of crocodile tears this evening on these speeches from the Opposition benches. We only have to recall that all of the protests that we saw were pr otests that were requested by Members of the Oppos ition, by union leaders, and they all sit there and bemoan them and say, Oh my goodness! These people came out! Isn’t that terrible! And you sa y, Well, just a minute. You were the ones that asked them to come out. Do not sit there and tell me that you are amazed that they came out. All they did was respond to your call. The people on the other side are saying, Oh, perhaps, you know, the Ministerial Code . . . well, just a minute. Members on that side broke the law! The Member who sat down just before me disrupted a public meeting. That is against the law. It is a breach of the law. But Members on that side feel that if they feel passionate about something they are entitled to break the law. The law means nothing, absolutely nothing. Well, I felt strongly, so I decided to break the law. But on your side, your side, the Gov-ernment side, you have to uphold the highest sta ndards! But we can do any old thing we want. Now, it amazes me that that Member would stand there and start talking about, Well, how would you bring this odious Bill back or talk about the Bill and make more threats. Make more threats. Were mistakes made from this side? Yes, there were. Has the Minister made an apology? Yes, he has. I have not heard any apologies from that side yet for illegal activity, or inciting illegal activity. We had decisions from the Chief Justice. What we saw were people being incited to withdraw their labour for a clearly political purpose, which is contrary to section 34 of the Labour Relations Act. We saw editorials. Do not just take it from us! We saw an editorial in the Royal Gazette—
An Hon. Member An Hon. MemberThat is you. Bermuda House of Assembly Hon. Trevor G. Moniz: Unfortunately, it is not us, you see, because they actually seem to prefer you guys these days. [Laughter] Hon. Trevor G. Moniz: You know, when we speak on the motion to adjourn, you do not get us reported. All …
That is you.
Bermuda House of Assembly Hon. Trevor G. Moniz: Unfortunately, it is not us, you see, because they actually seem to prefer you guys these days.
[Laughter]
Hon. Trevor G. Moniz: You know, when we speak on the motion to adjourn, you do not get us reported. All that is reported is what the Opposition says. On our side, we do not get reported. They clearly were out of favour. But even the Editor of the Gazette was finally driven to say, Well, why is all this illegal activity going on? Don’t people realise they’re wrecking the econ-omy? Don’t they realise that they’re doing immeasur-able harm to this community? Where are the police? They’re missing in action. They’re not doing their job. They’re not upholding the law. They’re standing back and twiddling their thumbs and doing nothing. And who’s going to suffer? We had a warning put out by the US Consul General, a travel warning. That was put out because of the actions. So everybody should think a little bit more carefully, rather than being so proud of bringing people out to wreck the economy. They should think that perhaps they could have operated in a more con-structive fashion. The Minister has stood up today and taken responsibility for mistakes that he made. None of them has stood up and taken responsibility for their rash actions, for their breaches of the law. All of this started when the Honourable Member on that side, Mr. Walton Brown, started threate ning civil disobedience. He was the one. He was incit-ing people to civil disobedience, to breach the law. Do not blame us for that. We had a public meeting where we tried to meet with the people to discuss the nature of the Bill. That Honourable Member was there that evening, Walton Brown, and the Honourable Member, Mr. Michael Scott. The Honourable Member Michael Scott participated in unlawful action to stop that public meeting from taking place. And the police were there. What did the police do? Well, the police did nothing. All the police did was to say to the Ministers present, We have to escort you from this place because we feel you are not safe. You are in danger. And we kept saying, No, we do not feel in danger. We want to remain. And they said, No, you’re clearly in danger. We must remove you. My response was, Why aren’t you removing these people who are breaking the law? They said, Well, those aren’t our inst ructions. So we were put in a very difficult position. We were trying to explain the Bill to the public. And we were unable to, and we had to do it by broadcast m edia. So for those people who said, Well, you didn’t go out there and explain your position, it was deliberately made difficult —if not impossible— by Members of the Opposition being irresponsible and breaking the law. So let us put the responsibility where it should lie. Even the barricading of this House [preven ting] the Members of House attending the House was clearly unlawful. The police did not do anything about it. It was highly dangerous, as you yourself, Mr. Speaker, have said. Somebody came up here and screwed the door shut so that you could not get out. If there were a fire here people would have died, or were at risk of dying. We have not seen anyone prosecuted for that. We should see somebody pros ecuted for that. All of these were very dangerous actions, so do not look at us and say, Well, you know, it is your fault. You see, we put the lie to everything that they said. Because people were saying, you know, Su bstantial majority of Bermudians are against this (the Bill, the Immigration Bill). Yet the public opinion poll showed that people are two to one in favour —two to one in favour! Two to one in favour. That is a substantial m ajority. It is something that is of great importance to this community. We have explained over and over again the risks that this community faces through a shrinking population. We know that thousands of peo-ple hav e left this community. We know we have an ageing population. We know we have a declining birth rate. We have run through that hundreds of times, and people say, Well, why are you taking these actions? Well, the reasons we are taking these actions are perfectly clear. As we have said so many times to people, read the report of the Fiscal Responsibility Panel. It explains it quite clearly. That is on the one side. Those are the economic arguments. On the other side, we have the arguments of do the right thing. We all know we have these people here who have nowhere else to go, particularly the children. They have nowhere else to go. And this is something, Mr. Speaker, that I am passionate about. I am passionate about it now in 2016. I was passionate about it in 1992. And I have been passionate about it all the way in between. And I have been on the ground. I have practicing immigration law trying to get people sorted out who are in these very difficult pos itions. I have done that for many, many years. You know, each person I sat down with . . . and we sat down to many meetings. We sat down with Chris Furbert many times. We sat down with Chris Furbert, the President of the BIU, with Jason Hayward of the BPSU, with Mr. [Nicholas] Tweed of the Peo-ple’s Campaign, with Mr. Walton Brown, the Honourable Member. We sat down with all of these people. And each one I put the question to, Do you want to help those people who are born or brought up here? Do you want to help those people when they have difficulty with family, s ome of whom have status and some don’t? Do you support human rights for those 1698 21 March 2016 Official Hansard Report
Bermuda House of Assembly people? Each and every one of them said, We have absolutely no problem with any of those people getting status. Each and every one of them! So it is very strange to me, you know, that those people then go out and call illegal strikes, which is effectively what was done. It was not an appropriate action in my view. Did we make mistakes? Yes. But the action was over the top. It was injurious to Bermuda. It was injurious to the rule of law in Bermuda. It was injurious to democracy in Bermuda. You have a minority of people saying, Those people elected to represent the people will be prevented from meeting unless their conditions are met. Now, tell me who bu llies are? Explain to me what a bully is? And I can show you a picture. A lot of people around here should be ashamed of themselves. The tone of some of the demonstrations here was not a good tone. We know the case of the students, who happened to be white, who came up to join in the demonstration who had verbal and racial abuse heaped upon them, heaped upon them! And Mr. Furbert took it upon himself to give a ticking- off to the crowd. Mr. Furbert was in a very difficult position. Those teenagers happened to be friends of his daughter, so he was severely embarrassed. But the truth is that anybody who came up here and who did not look like them was going to get this sort of abuse. And that was a shame. That is a shame on Bermuda today.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading]
Mr. Jamahl S. SimmonsThe Honourable Member is misleading the House. I had several white friends with me all day and several who attested they were not attacked. While these attacks, if they did occur, are reprehensible, certainly not all people who came r eceived these attacks . Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Carry on, Minister. Hon. Trevor G. Moniz: Yes, thank you, Mr. Speaker. These proposals that are contained in the Bill are quite reasonable. I believe that the agreement that was reached by goodwill on both sides . . . because the Member on that said, Oh, …
Thank you, Honourable Member. Carry on, Minister. Hon. Trevor G. Moniz: Yes, thank you, Mr. Speaker. These proposals that are contained in the Bill are quite reasonable. I believe that the agreement that was reached by goodwill on both sides . . . because the Member on that said, Oh, you know, Mr. Furbert and Mr. Tweed, they came along and they reached out. Well, they did not reach out. We reached out. And we had conversation after conversation after conversation to get to wher e we ended up, which we felt was a fair agreement as to how to do the Bill, how to do it in a phased process. And the idea was to do it in a way that dealt with the easier matters first. And of course, you deal with the matter first, if people said on principle they had no problem with it. The problem with Members on the other side is they always seek to present things in some exaggerated fashion. You know, we saw with the Carne and Correia case where this was forced upon us. The Carne and Correia, the sleeping provision, some people called it. We were forced to correct that, which was left over from the PLP Government. Immediately we tried to correct it, they were ripping people into a frenzy that this was some sort of evil conspiracy, and we had th e surrogates out there, like Chris Famous, saying, Oh, well, there are going to be 13,000 applying! You know? And we always said, Look. Why are you doing that? Why are you making up such ridiculous num-bers? The number in that case of the people we thought that might be able to apply were about 1,400. It ended up about 800 applied. I think after about two years, 200 or 300 have actually been processed. So we are talking about very small numbers. Likewise, in this situation we are talking about very small numbers, but they are numbers that we need for a variety of reasons. We want people to feel comfortable here. They do not feel comfortable after last week. It set this country back a long way, those unlawful activities last week. The hostility and the hatred have set this country back a long way. And the people responsible for fanning those flames of hatred are also responsible —and some of them sit on that side of the House, unfortunately. And they should be ashamed of themselves, ashamed of themselves for trying to set this country back. There are people who are trying to sabotage the turnaround that this Government is trying to reach in this economy, because of their own political gain. We want to take the Government back. So they want to stand over there and weep crocodile tears, Oh, what a shame all of that demonstration happened last week! But they were the ones who caused it. They were the ones behind it. And when a compromise agreement is reached, which the BIU buys into, the BPSU buys into, the Immigration Reform Action Group buys into, the People’s Campaign buys into, and MP Walton Brown, the Honourable Member, buys into, what do those Members say? No matter what you do, we will oppose it! No matter what you do! We are going to oppose it. We don’t care. Why? Because they are putting their own political interests first. That is why they are doing it. And the public will see through it and see them for what they are. They are wolves in sheep’s clothing. I do not know that I can make it any clearer than that. And it is a very sad day for Bermuda. Thank you, Mr. Speaker.
Bermuda House of Assembly The Speaker: Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 3.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Hon. Trevor G. Moniz: You might think it is funny, Mr. Burt. But it is not funny, Mr. Burt. Do not sit there and giggle.
The SpeakerThe SpeakerHonourable Member. Let us have order. [Gavel]
Ms. Lovitta F. FoggoThank you. Mr. Speaker, I think one of the main reasons why we find ourselves in the situation we do today, having just passed, I guess, what everybody has now termed a historical event, was borne out of the fact that when faced with legislation that was termed Pathways to …
Thank you. Mr. Speaker, I think one of the main reasons why we find ourselves in the situation we do today, having just passed, I guess, what everybody has now termed a historical event, was borne out of the fact that when faced with legislation that was termed Pathways to Status, the people believed that that legislation had the abil ity to disenfranchise them. That created quite a bit of alarm. Mr. Speaker, we engaged in a full -blown debate on a motion where we asked the Government to engage in a collaborative effort by having a Joint S elect Committee where the terms and conditions of immigration reform would be kept within the precinct of this place, Parliament, where from both sides of the House you have people working on something that at the end of the day would be something that those who represent the people, the Government and the Oppo-sition, could have had agreement on, and then taken to the people by having an open process for their in-put and whatever recommendations they may have had to better inform [about] the objects that could have existed in that type of legislation so t hat this whole Island would be on board with whatever reform we could have come up with. That was wholly rejected by the Government. And so, as a consequence of that, Mr. Speaker, those who paid attention to that process felt that the only way in which th ey could probably have this matter be addressed was by voicing their concerns, which found ourselves, if you will, teetering on the brink of outright civil unrest. Because the Government of the day, who did not have a mandate from the people of this countr y, [people] who were fed the promise that the Gover nment would not engage in a process where it was gi ving out status here, there and everywhere, as some would look at it, felt that the Government, I guess if you will, had decided that it was serving its o wn pu rpose, that it was no longer responsible to those who elected and put them there under a different mandate in the first place. That was what caused the outcome that we saw take place in these last few days. And, Mr. Speaker, after having gone through all of that, where you ended up with a certain agree-ment that took place, we now find ourselves in a pos ition where, once again, we see the angst of the peo-ple returning, because as they continue to review the contents of this letter, those people who put the mandate on the table, asking for a withdrawal of the Imm igration and Protection Amendment Act 2016, which the Government did honour, and total comprehensive reform, find themselves in a position where the agreement brings the very items that they wanted off the table back on the table. Because if we were going to engage in reform, we wanted it to be comprehensive, according to the people. And so now what happens, if you are listening to the radios, if you are, I guess, Members of Parli ament, like all of us are, now once again at least I find myself being inundated with e- mails and questions and phone calls, because I have had very, very little sleep these last five days, inundated with questions like, I’ve read through this agreement (because it has been circulated— one was handed to me) , and I don’t feel that I’m any better off from the day before I started engaging in a process to get the Government to pay attention to me, because as someone who voted them in I felt that they turned their back on me as a person who put them there. And now I feel as though (as many people have termed it) I’ve been bamboozled. What the people asked for was a complete withdrawal and comprehensive reform. And they be-lieve those who negotiated on their behalf were seek-ing that. Now, my concern, Mr. Speaker, is this. I do not think any of us here want to return to what hap-pened in these last five days because it did create quite a bit of alarm. You do have international sisters and brothers who live, not in our country, who are looking at Bermuda through a different lens. You did have the American Consulate send out a statement. You do have our sisters and brothers who live to the south of us airing what is going on here in Bermuda in their media. You do have those who are questioning, because again, some of the policies that we are talking about we have seen played out in other jurisdictions. The Cayman Islands, for instance, where you see now an island where the number of foreigners who now live there outnumber the number of what are called “true Caymanians.” Their voting base has more peo-ple who recently gained status there than those who were born and bred there. And so, here we are again, faced with a pop ulation even more aware of what is going on around them asking the same questions and trying to figure out how to address this issue in a way that is going to be fair to all and, most importantly, in a manner where Bermudians do not end up with the short end of the stick and being, as they see it, disenfranchised. So 1700 21 March 2016 Official Hansard Report
Bermuda House of Assembly much so we saw today, because I certainly was like, What’s going on? Well, first, I was trying to figure out, like somebody has got a mask on. You saw women, but you could see their signs clearly, up here, a very powerful statement, by the way. Very silent, but a very powerful statement. So if anybody doubts what I am saying, that is a very clear indicator that there is still, I guess, unrest. There are still those who are out there who feel as though the real issue has not been addressed. And so, I want to say to the Government, because it is still not too late, it is not too late to engage in a process that can ensure that all the items that need to be dealt with in immigration reform are done in a way that is totally transparent, that has the oversight of P arliament and can be done in an open way where, I guess, civil society can come in and make contributions so that we can end up with comprehensive reform that shares, I guess, the overall acceptance from both sides of the House, as well as is responsive to the wishes of the people. And I think a true democratic process would have all those tenets in play. In speaking in accord with Members on this side who have already taken their seat, Mr. Speaker, let me say this. I think that any legislator who would allow their country, who has the power in their hands to stop, pause, and listen to what the people are as king, and say, Maybe I need to reflect on this, because for some reason my people are upset, it does not hurt to be cautious. Maybe I need to stop and l isten. But instead, they went full steam ahead, to the chagrin of their own people. And there is a price to pay for that , because anyone who would take their own country to that state should pay the ultimate price. I mean, we see that happening in other countries, and they do have to pay. You do not get to sit in office if you continue to disregard the very people who put you there. I am talking about responsible leaders will ensure that those who are responsible for bringing their country to that state pay the price. And I do believe that if you fail to do that, to show, I suppose out of allegiance to the very people who put you there in the first place, that as a leader you are willing to reprimand those who should be rep-rimanded, or you are willing to step aside for the greater good of your country to ensure that respons ible leadership continues on and responsive leader-ship, more importantly, continues on so that, I guess, people at least can become more confident that you are a Government that is paying attention. And failure to respond in that sort of manner I think will ultimately lead to some of the very things that you say that you find egregious, and some of the other adjectives, unlawful and the like. And I have to join in with my Members when I do believe that at least the Minister who sits in another place should . . . I do not think the Premier should have to ask him to step down. I think he should do the responsible thing and walk away. It should not be that he should be putting that, I guess, decision squarely in the hands of his Leader. Now, that is just my thought. And I am certainly . . . I cannot, nor will I be arrogant enough to tell the Premier what to do. That is a matter for him. I just know, I suppose, if I were the Leader and if it w as my foolish decision in the first place, because I do think when you lose the will of the people, you no longer are leading. I would either step aside or somebody would have to step aside to be answerable. Just merely apologising is not enough. It certainly is a step in the right direction. But it is not enough when you are talking about, as was said, bringing your country to the brink of economic disaster (paraphrasing). But that is what was said. And a simple I apologise, when it was clear that you knew what you were doing, especially when the next day you have the Premier and you have other Members who sit on the Government side who were in the media speaking to, I guess it was wins on both sides. And at least we get to bring this back in a phased way, when the people asked for it to be removed outright. So, Mr. Speaker, I am concerned; I really am. This has been one of the most stressful periods in my time as a parliamentarian. It really is. My voice is still tired from trying to have to explain what has been g oing on from my perspective. And I think that if we as parliamentarians try to engage in a process that keeps us from going down that same road, it is a good thing. And so, Mr. Speaker, I call on the Premier to try and at least look for a new way in which we can address immigration reform where it does not end up being phased or piecemeal, but it is truly comprehensive reform for the betterment of Bermuda and Bermuda’s people. And on that note, Mr. Speaker, I will take my seat.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 4, the Deputy Speaker.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker. I know it is really difficult sometimes to stand up and talk, but I think sometimes we have an oblig ation. And the truth of it is, Mr. Speaker, I am not really even sure whether all my thoughts in my head will come out in …
Thank you, Mr. Speaker. I know it is really difficult sometimes to stand up and talk, but I think sometimes we have an oblig ation. And the truth of it is, Mr. Speaker, I am not really even sure whether all my thoughts in my head will come out in the way I want them to. But I would ask for forgiveness before I even start. I do not know what is more divisive—politics, the Westminster system, or race. Because I believe, Mr. Speaker, that is exactly what we have. And in b etween, and what makes both of them work, are people who are humans, people who have different exper iences in life, people who do not necessarily have ex-periences but have stories of experiences and how those experiences mould who they are.
Bermuda House of Assembly One of the things we cannot lose sight of is how powerful words are. And I would wish that the individual who just spoke would not leave . . . but she is . . . because one of the statements —and I do not want to quote someone or be misguided as quoting someone and they are not here. But this is one of the things that started me years ago. And it was a line that really, really bothered me. And it was, A vote for the UBP would be a vote to put you back on the plant ation. Or the other one was, A vote for the UPB would return you back to shackles. Mr. Speaker, my mother being from Portugal, arrived here when she was three. My father being a St. David’s Islander, was torn between two races, white and black. Not knowing how to raise her family, my grandmother chose to raise her family as white. You kn ow why, Mr. Speaker? Because they would be accepted more easily, because they could get loans at the bank more easily. What she did not realise, Mr. Speaker, was that just because she was from St. David’s, life would not be easy ; people of colour look down on people of St. David’s. But you know what the people of St. David’s had? Strength. Wisdom. Knowledge. Humility. So, Mr. Speaker, when I say that I am sorry that we did not take a step back, Mr. Speaker, I mean it. I also mean how dissatisfied or unhappy I am that when we did try to have meetings where people could have a better understanding of what this reform meant, we were blocked. But that is what human nature is all about. It is about people having opinions; people not necessarily understanding how to express those feel-ings. It is about fear. So whether an individual or group of people who stood up in [front of] this House on that day to block and make history, whether they did it with an intent to cause fear, Mr. Speaker, I do not believe that is what their action was meant to do. If someone perceived it to be a fearful gathering, then how does one change that perception that belongs to them? And that is one of the biggest challenges with being human. If we do not stop for a moment, Mr. Speaker, to analyse that who I am is through my experiences . . . What I want to be is through other people’s experiences so that I can learn and so I can evolve. Bermuda will not evolve if we stand still and scream colour. It will not. But at the same time, Mr. Speaker, until we address the elephant in the room, until we recognise that we are all equal, Mr. Speaker, we are not going to go very far. And quite frankly, Mr. Speaker, I have heard words, I have heard words t oday in this very House that incite. And what does it incite? It incites fear. It may not be what you want it to do; but it does it all the same! Just like a vote for the UBP—or a vote for me—would put you back in shac kles. My ancestors were in shackles, so, you know, Mr. Speaker, I took offence to that. But just because I took offence to that does not mean that I did not try to want to understand what they meant or what those words meant. And those words mean different things to different people. It r eminded me of a poem: “I come to bury Caesar, not to praise him. The evil that men do lives after them.”
Or they die, with good feelings, but not necessarily are those good feelings when we die recognised or understood. The Government of Bermuda has a respons ibility, whether we like it or not, whether we all like it or not. And again, we have the divisiveness of the Westminster system, because that is going to tell you right up front we are not all going to like it, Mr. Speaker. But the reality of it is the Government recog-nised that we needed to do something. Hopefully now, the people of Bermuda recognise we needed to do something, which I believe everyone did. It is how we come together to get what we need to do done. That is the most important thing that we need to have is respect for one another. And, Mr. Speaker, this hallowed room does not hold respect. So how can we expect the people outside this room to show respect to the people who are in it? But some of the things I have heard today really are just inciting. And whether that is the intent or not is not the point. We have to be careful with the words we choose, especially when emotions are ru nning high. Mr. Speaker, I will confess. Many times I have said things in the heat of an emotion that I did not mean, or it came out the wrong way. But we h ave a responsibility, each one of us in this room. That that responsibility is to each one in this room, not just the PLP, not just the One Bermuda All iance, but the one Bermuda—all of us! We want to solve this. We want to work through it. If that is not the cry that we have heard in the last week, We want to work through this. We want it to work. We want something to work. But, you know, Mr. Speaker, when we are not allowed in the House, number one, we cannot work. But I understand. They got a point across. It is very sad how they had to, but I have no problem with democracy, Mr. Speaker, none at all. Democracy does mean respect for one another. I do not want to have to fear someone because they do not look like me. And whether that is my presumption, whether that is my perception, I own it still. I do not have a problem with flying. But I know someone very close to me who has a problem with flying. Her perception of going on a plane might mean that there is going to be an accident, and she is not in control. And you know what, Mr. Speaker? We as humans, as individuals, are not in control. But we do need to come to an understanding of a way forward. We do need to work through it. Right now, let us be honest. The Opposition does not have a backbench that probably all speaks in the same language or in the same direction, and it can be very confusing. So while I understand the concept of 1702 21 March 2016 Official Hansard Report
Bermuda House of Assembly the Member who took her seat (the Honourable Member who took her seat earlier) with reference to the initial suggestion, yes. Yes. Perhaps that is what we should have done. But, Mr. Speaker, we are not there anymore. We are here. And we have to find a way forward. And if we do not encourage— if we do not encourage, not incite, but if we do not encourage— each other to work with each other, not just to listen, but to speak as well, but in tones that all will listen to and not shut each other out . . . we do not want people on the defence here. We want people to listen. If you put the average person on defence they are not going t o listen. And if they do not listen we do not achieve anything. And I think, Mr. Speaker, as a Government our intention is to not only increase jobs, which is something we so desperately want to do because we recognise that it is for Bermuda. It is not just for us as a political party. It is not to give us kudos. It is like one of the things that we had suggested when we were making recommendations in the first few days. And I might be speaking out of turn. But I know, Mr. Speaker, that one of the suggesti ons was, If their co ncern is about the vote, well, let’s find a way of making sure that those who are first given their status don’t vote. Because we don’t want that to be a concern. Mr. Speaker, we know we need a healthier economy. We know it. There is no sense in the Go vernment of the day having hotels built, trying to grow the economy, if we do not have people helping to make that happen. It would be a wonderful, wonderful dream to have those people who have left Bermuda for perhaps greener pastures, for better experiences, to have them come home. It would be every gover nment’s dream to have their people come home to work together holding hands through the bad and the good. The strength of the people of St. David’s I slanders, where they were isolated on their own . . . they made it through because they held hands and worked together! If you did not have fish today, som eone would give you fish, Mr. Speaker. That is working together. And one of the things I have always said with pride is that one of the things that I think is really sad is that perhaps . . . and I do not mean to undermine other parishes across the Island, but if other parishes had a way of finding their pride as to who they were, then we would see the pride and the family and the reunions and the evolution of a people who went from being a joke to being what was, for example, a pr emier of Bermuda. We would see the strengths that people have. But strength in individuals only becomes power when they become everyone’s strength. So, Mr. Speaker, while the Government of Bermuda en-deavour to work and to create the opportunities that Bermuda can move forward, I ask that we be careful of the words we speak, because they might incite. They might hurt. But the truth be told, Mr. Speaker, there have been a lot of people hurting, hurting em otionally, hurting physically. And for that, I am sorry and I understand. But I would ask that we each learn to respect one another with grace, with fortitude. And let us work together to get Bermuda back to where she needs to be. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Member from constituency 13.
Mr. Diallo V. S. RabainThank you, Mr. Speaker. You know, Mr. Speaker, as I reflect on the past week’s events my heart aches. I know that the people have gone back to work. A so- called deal has been brokered. Work stoppages have ceased. And we are back in this Chamber doing the people’s …
Thank you, Mr. Speaker. You know, Mr. Speaker, as I reflect on the past week’s events my heart aches. I know that the people have gone back to work. A so- called deal has been brokered. Work stoppages have ceased. And we are back in this Chamber doing the people’s work. And as that Member who just sat, Mr. Speaker, my heart aches because it just seems like we have put our blinders on and we have just gone back to work. In this particular, this Government has put the blinders on. And except for that Member who just sat down, we have not heard anyone speak to, you know, what are some of the things that really have caused what we had to go through for the last week. And that is, Mr. Speaker, the serious racial problem that we do find ourselves facing here in Bermuda. And it is a problem that I have never seen adequately addressed in my lifetime. And rest assured, Mr. Speaker, we are one more insensitive boneheaded move by this Government from getting right back to where we were last week. We really are. And you know, this Island deserves leadership; it deserves better leadership than what we are seeing. It deserves leadership that is more inclusive than taking pictures with schoolchildren or taking pictures with seniors. It deserves leadership that can sit amongst the people when they gather, whether it be in grounds like this or on Cabinet lawn. It needs a leadership that feels comfortable sitting with the people in any setting that they find themselves in. So, as long as I am privi-leged to stand in these Chambers and walk this earth, Mr. Speaker, there are two images from the previous week that will stand out in my mind. One image, Mr. Speaker, was when I walked across these grounds. There was an elderly lady. This elderly lady had lost a leg from sickness. She was very frail. And she was up here what apparently looked to be some sort of bed, some sort of portable bed or something. And she was out here on these grounds. And when I walked by, she lifted her fist up and said, Fight the good fight. But, you know, I looked at that and I said, Wow. She’s found a way to get up here. But the lea dBermuda House of Assembly ership of this country could not find a way to go there and visit her in one way, shape or form. Now, the other image that will stand in my mind was a photo of a candlelight vigil that was held on Cabinet lawn. And I am a full believer in full democracy, and people can assemble and do what they want. I am not going to sit here and call them illegal and they should be apologising to me because you are doing something illegal. They had a candlelight vigil down on Cabinet lawn. Unfortunately, the majority of the members who went to that vigil were white. But the part of that which stood in my mind was a phot ograph of a Minister who sits in another place walking among them, grinning very happily . . . something that no one . . . or I will pull that back. I cannot remember anyone from that side of the leadership capacity, especially the ones who caused . . . who can be directly attributed to the root of the cause of the things that happened, the Honourable Premier, the Honourable Attorney General, and the Minister who sits in another place, walk amongst the people collected around these grounds to see what their concerns were . . . not one of them had the nerve, the audacity, and the decency to come up here and talk to these people. But they were down there walking amongst them, grinning and feeling quite happy and full of themselves. Those are some images that will stand the test of time. And it demonstrates exactly where we are in Bermuda in 2016. Two Bermudas, two Bermudas exist. And whether we are comfortable acknowledging that or not, it is a fact that we cannot deny. You know, Mr. Speaker, we have the audacity . . . and there is a saying in the social media that OBA- ers, as they are called, their supporters . . . at least I see people have the decency to call them OBA - ers. PLP supporters are called “sheeple” and “br aindead” and all sorts of things by the OBA- ers. But that is not what I want to talk about. We have them calling the PLP the race- based party. We had a demonstration outside that welcomed all walks of Bermuda. All walks of Bermuda were welcome, and we had a candlelight vigil and all walks of Bermuda were welcome, I am sure. It just so happened one crowd was majority black, one crowd was majority white. If that does not demonstrate to any of us sitting in these Chambers these two Berm udas, I do not know what does. But, Mr. Speaker, moving on. Last week also showed us some new things, some new things that we had not seen before. We had at least one bac kbencher from the One Bermuda Alliance stand up and be not afraid to say what she thought about her party and how they were handling the current situation. We had one Cabinet Minister resign, saying that the Pr emier has an inability to lead. But we also had the usual reinforcement of the Premier demonstrating that he truly is a photo- op leader, a photo- op leader content not to speak to the people, but stand behind a camera and send out video messages instead of standing in front of them and speaking what he had to say. Mr. Speaker, I went to a function on Saturday night, which was the day after the first protest that the Honourable Premier chose not to attend. But he showed up at that function. He did not show up to attend the function. He showed up for the cocktail hour, he shook some hands, had a few drinks and then left. He found time for that. But he could not find time for the 10 to 12- plus hours people stood outside. This is a problem. Now, Mr. Speaker, to paraphrase the Shadow Finance Minister from a few weeks ago, this Premier is weak. And the events of last week further expose how weak this Premier is. But additionally, it also showed us that we have a Minister who sits in another place who needs to be removed. Because, Mr. Speaker, for the Minister who sits in another place to remain in the position he is in is a slap in the face. It is a slap in the face to all of those who assembled out-side this building for the previous week. And it shows that this Government is compliant in an administration that does not promote inclusiveness. Mr. Speaker, Minister Fahy has shown a di sdain for the electorate, more specifically the black electorate, since the 2012 campaign. And it started with his alleged (and I am going to preface that with alleged) involvement in the Jetgate scandal, which brought money to this Island which was used to fund a political action group whose aims were specifically aimed at disenfranchised black youth with a disinfor-mation campaign. We cannot deny that. They can, because they did not even know it even happened, because he had the audacity to operate in the cloak of darkness behind his so- called colleagues.
[Inaudible interjection]
Mr. Diallo V. S. RabainNow we have the same Minister who is at the middle of every controversial imm igration topic that has come up since the One Bermuda Alliance has been elected. But somehow, we have not heard anyone on that side stand up and ad-dress Ms. Leah Scott’s letter that was supposedly …
Now we have the same Minister who is at the middle of every controversial imm igration topic that has come up since the One Bermuda Alliance has been elected. But somehow, we have not heard anyone on that side stand up and ad-dress Ms. Leah Scott’s letter that was supposedly leaked, that was sent to the media, et cetera. And what did she say in that? Minister Fahy chose the D epartment of Immigration. He wanted that portfolio. Why did he want that portfolio? No one has explained to us if that is true; or, if it is true, why did he want that portfolio? Well, what we have seen is controversial amend ment after amendment after amendment that deals with immigration that has started with this Mini ster. If that is not an agenda, I do not know what is. But you know something, Mr. Speaker? I do not expect the Premier to remove him, because the Premier is too weak to do that. He is too weak to stand up to this Minister and remove him. I do not know why he is too 1704 21 March 2016 Official Hansard Report
Bermuda House of Assembly weak to do it. I do not know what the Minister has on the Premier that he is allowed to do whatever he wants, and the Premier just allows it. I do not know. Perhaps when the Premier speaks, he can let us know. You know, there are some OBA- ers (I will get used to that term now) who will claim, Keep the current PLP Leader in place because as long as he is in place, the PLP will never win the next electi on. Well, you know, Mr. Speaker, I think those OBA -ers need to have some internal reflection. They need to look at the weak, photo- op-obsessed Premier whom they have who is leading their party, a Leader who has never led a political party to an election vi ctory, ever. He is si tting on three losses right now. And I am quite assured that he will become a fourth loss in the next general election. But, Mr. Speaker, last week was a stain on Bermuda’s history, and I would like to think has put another nail in the One Bermuda Alliance’s coffin. There was a grand opportunity last week to start some social and racial healing within this country, something that the Honourable Member who just sat down spoke to. But the OBA has wasted that opportunity. And you know why, Mr. Speaker? They have wasted that o pportunity because certain Members within them were too concerned about saving the One Bermuda All iance as a party than facing the people who were pr otesting against them. We need better. The Bermuda public need better. I could sit back, Mr. Speaker, and continue to watch the One Bermuda Alliance continue to score own goals. But as someone who deeply does care about our community, I would like to see better. And I know the people of Bermuda would like to see better. T here is an opportunity for some real dialogue with this so -called deal. But instead of real dialogue, we have timelines imposed, impossible timelines, I might add. I do not see how they are going to work. The people do not see how they are going to work. And if we come back here on May 13 th with something that is inadequate, I fear what will happen again. Does the One Bermuda Alliance care? I do not know. So far, they have shown a disdain for the public’s opinion. So far, they have shown a disdain for their colleagues’ opinion. So far, they have shown a disdain for the O pposition’s opinion. So why would they change now? Why would they change now? Because you know, a few years ago we had this thing called the Budget Reduction Committee that met, and we hear the union came up with ideas to have tremendous cuts across the board. And what happened to that? The One Bermuda Alliance said, Thanks for coming to the meetings, but we are going to do what we want anyway. What have they done to show any form of confidence that, after these working groups get together . . . because if you read the letter, their suggestions are non- binding. What do we have, and what have they done to allow us to believe that they will take any of these suggestions to heart? What have they done? We have a Premier who will not speak to the people directly, content to hide behind a camera, content to hide behind a letter, content to do everything but stand up and be a leader. But, Mr. Speaker, critical to the process that we find ourselves going through is the removal of the Minister who sits in another place. His role in, as I ar-ticulated, just about every controversial immigration reform, every controversial immigration policy we have seen, cannot be ignored. We cannot ignore that he is simply not trusted by the majority of the electorate to have their best interest at heart. And from reading on Facebook, that seems to cut across the board. It is not just confined to the people who look like you and me. There is a realisation that this Minister, his mere pres-ence in the room is a barrier that cannot be overcome unless he is not in the room! Now, Mr. Speaker, while I have no doubt that Minister Fahy believes that he is doing a great job in what he is doing —after all, he did want the Immigr ation portfolio—the facts remain that this Minister has a polarising personality, and there is no room at the t able for Ministers like that. Again, I call on the One Bermuda Alliance to do the right thing, because I have no confidence that the Premier has the wherewithal to do it, and that is, remove this Minister. Help us get on the road of healing, as the Member who spoke before me talked about. That is how we can get there. Because, Mr. Speaker, for the remainder of this One Bermuda Alliance Government, we need an OBA that is more inclusive. We need an OBA to put a leader in place who has the courage to stand up and be counted when it matters. We need more people in the One Bermuda Alliance to have more courage, like the Shawn Crockwells and the Leah Scotts, to stand up and be counted, help the country rid ourselves of this weak, ineffectual Premier that we have. Have the One Bermuda Alliance remove us of polarising Mini sters whom we see before us. We need a government that is for the people. We need a government that can remove themselves from self -survival mode only. Mr. Speaker, the people of Bermuda deserve, and as we saw last week, the people of Bermuda are demanding, a government that has everyone’s best interests in mind. Today, we heard a Minister demand that the people of Bermuda, the people who were assembled out here need to apologise to the One Ber-muda Alliance. That is the height of arrogance. This is what I am talking about. We do not need this at this time. But it did not stop the Honourable Attorney Gen-eral. Because, Mr. Speaker, what we truly are seeing is how they really feel about us. And if they continue down this pathway, last week is just the tip of the ic eberg. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Bermuda House of Assembly The Chair will now recognise the Honourable Member from constituency 24. Honourable Member Scott, you have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. Mr. Speaker, this topic and the actions that were taken by the country last week remind me of a story in First Kings, Chapter 3, verses 16 to 28. And that story, Mr. Speaker, is the one of two young women. They both lived in the …
Thank you, Mr. Speaker. Mr. Speaker, this topic and the actions that were taken by the country last week remind me of a story in First Kings, Chapter 3, verses 16 to 28. And that story, Mr. Speaker, is the one of two young women. They both lived in the same household. And they both had infants around the same age. Both women ended up going to King Solomon, and one claimed that the other had smothered her baby throughout the night and tried to pass it off as her own. And they could not come to an agreement as to what to do with the child or whose child it was. So, King Solomon asked for a sword and said, You know what? The only fair thing to do is to cut the baby in half. And what ended up happening when he did was that one lady went and said, Oh Lord, dear Lord, no! Give the baby to her. Do not harm him. The other lady said, It shall be neither mine nor yours. So divide it. And, Mr. Speaker, King Sol omon, who is recorded and is claimed to be one of the wisest men in his day, said, You know what? I know who the real mother is. And the real mother is the one who would rather give it to somebody else than see it be hurt. And the reason that the actions of last week remind me of that is that we are not the Government on this side. We are the Opposition. We did not agree with the way that the Government was going down, or what road the Government was going down when it came to the immigration. And we asked for a collab orative immigration reform. We said, Do not bring this Bill as it is because it will hurt our people. Do not bring this Bill as it is because it will divide our country. So, what we asked for was to pull the Bill and come back with collaborative immigration reform through the m edium of a joint select committee. So that would take some time. That is something that most likely would not be able to be done prior to the next election. But it is what is best for the country. It is taking care of that child who is what we call Bermuda. And instead of listening to our pleas . . . because I remember standing here and pleading and begging with the Government not to move forward with it. I came and highlighted the different things that could happen, that might happen if they were to move down that pathway. The Government . . . those war nings, those pleas fell on politically deaf ears, Mr. Speaker. And the Government continued down that pathway. They continued thinking that since they have the numbers inside the House, that they were going to push this Bill through. But what they did not realise, what they did not expect, what they did not anticipate was the fact that no matter how many seats they have inside this House, they will never outnumber the people outside the House, Mr. Speaker. So, what ended up happe ning is that the numbers showed that, you know what? This is not what is best for the country. This is not the mandate that they were elected on. Mr. Speaker, the OBA were elected and they won the 2012 election based on not getting rid of term limits; they were going to look at it and review term limits. They were not going to get rid of it. They were going to create 2,000 jobs. They were going to get our country out of debt. And they were going to protect our seniors. But at no time, at no place, in none of their campaign or none of their platforms was there anything about immigration reform. So even though they are the Government, they do not have the permission of the people. They do not have the permi ssion of the people to bring this Bill. And the people let them know that. Now, Mr. Speaker, what troubles me is that when the people show and exercise their democratic right, in the interest of protecting the one right that they do have, which is the right to vote, they are called names. They are called bullies. But yet, when you try to force something through when you do not have the permission, when it is not in the best interest of the country, and when the people do not want it, what is that, Mr. Speaker? That is bullying itself. And, Mr. Speaker, it has come to my attention that . . . let me show you. And this is where I really have a problem with the way that things are going, because after this so- called negotiation, which I am not aware of . . . and I will defer to my team. I am not aware of the fact that the Premier reached out to the Opposition Leader and said, Hey, let’s come to the table and let’s try to work it out. I do not think that that ever happened. So, what kind of collaboration were you really looking for, if you did not come to the person who leads the party or the team that can actually vote on this Bill? So, Mr. Speaker, after this supposed compromise, this supposed negotiation goes out and is mentioned, you have Members of the backbench over there who are recorded on social media and out in the public saying, Ha -ha! We got what we wanted. It is just going to take a little bit more time. Mr. Speaker, that is disgusting. Because that shows that there are Members on that side (I will not speak for every Member on that side) who thought that this was a game. They thought that this was just something that they see on TV. They like the drama; they like the protest . And, Mr. Speaker, I have been made to understand that during the deliberations the Government was going through . . . while we were protesting up here, what was going on behind closed doors was that they had Members within their team who were saying, You know what? Let’s pull the Bill. So Members [in the Government] were saying to pull the Bill, [but] they had opposition from within. There were other Members who said, No, we’re not pulling the Bill. There were Members who said, You know what? I’ve got 1706 21 March 2016 Official Hansard Report
Bermuda House of Assembly family members up on the hill there, when they were talking about bringing in the British troops, Mr. Speaker. And they were saying, No, I’ve got family up there. I’ve got family up there.
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The S peaker: Yes, Honourable Minister.
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon- Pamplin: I believe the Honourable Member may be inadvertently misleading the House. But at no time did we ever talk about bringing in the British troops. That was certainly never once anything that was said by this Government or by this Cabinet.
The SpeakerThe SpeakerStay away from that, Honourable Member, unless you know that is a fact.
Mr. W. Lawrence ScottI will stay away from that; no problem. But when they were talking about different options and different things and different ways of mov-ing forward, Members on that side were saying, You know what? We need to pull this Bill because you know what? I have family up there. I …
I will stay away from that; no problem. But when they were talking about different options and different things and different ways of mov-ing forward, Members on that side were saying, You know what? We need to pull this Bill because you know what? I have family up there. I have family members who are going to be affected. I have chi ldren who are going to be affected. This is the right thing to do by pulling the Bill. And other Members said, You know what? Forget your family. We’re going to have this Bill go through one way or the other. Right? So therefore, Mr. Speaker, this is unacceptable. I see why Members resigned from their position on that side, Mr. Speaker, over this. I see why they have no faith in their own team, in their own leader, Mr. Speaker. Mr. Speaker, they would rather rule over a divided country than actually honour one of their platform promises, which was open and transparent, co llaborative. They ran saying that they were going to put one of us, one of the Opposition Members, in their Cabinet, Mr. Speaker. If you are going to do that, how could you not reach across the aisle during a pivotal time in this country’s history to say, You know what, Opposition Leader? Yes, this is getting out of hand. Yes. We did not see this one coming. So you know what? Let us look at that joint select committee. Let us try to find a way forward. No, that did not happen, Mr. Speaker. And then later on, at no time did the Premier come up here. At no time did the Honourable Attorney General come out and speak to people. At no time did the Immigration Minister come out and speak to peo-ple. But they were down at the candlelight vigil. And that is after, when we were up here in the House of Assembly, they said that, Oh, we have the majority of people who are for it. So it seems as though the people whom they listened to were not the people who came out to show they did not like [the Pathways Bill]. They [listened to] the people who came out to the candlelight vigil. And you can tell that there were more people up here than there were down there. So therefore, either they do not know how to count, because up here there were more, and down there . . . Mr. Speaker, this is something that could have easily been avoided. Had we not allowed som ebody . . . I do not know who it was on that side. But obviously, somebody on that side was determined to get this Immigration Bill pushed through as it was. And it seems as though I would be . . . I think if I were a betting man, I have a feeling that somebody on that side still wants to get that Immigration Bill pushed through prior to the next election. So, why would you want to get something pushed through prior to an election if it has nothing to do with votes? But yet, the only thing that Bermuda status gives, outside of the privileges of a PRC, is votes. And, Mr. Speaker, I am not immune and I am not deaf to the stories and to the situations that are out there where you have one sibling who cannot get status or does not have a passport, cannot go an ywhere, and who is denied options and opportunities. Because of lack of status, they do not have a country to call their home. I am not immune to or deaf to the stories where you have children who are here, and after a certain period of time, their parents have to g o back home. I am not immune to that; I am not deaf to that. That is something that can be dealt with. That is something that can be ironed out during a joint select committee. That is something that needs time to be worked out. That is something that needs to have every stakeholder sitting at the table. This is not something that you can do in three, four, five, six months. This is something that is going to possibly take years, a year or years. So, one thing that I am not understanding is the haste. The O BA will make the argument that it is all about our economy and population growth and so on and so forth. But, Mr. Speaker, if you look at the statistics, Bermuda has just as many people per capita, per square mile, as China. I know nobody is saying that China is under populated. So it cannot really be directly related to our population growth. Or is it that the population growth of the people they want here? Could it be that there are not enough of their supporters in this country? Because we have enough people. But it depends on whom you ask and what kind of people we want here.
Bermuda House of Assembly Do we want to have a Bermuda where our children, our grandchildren and their grandchildren, as Bermudians, have missed opportunities because they do not have the same access as those who are of a more affluent lifestyle, Mr. Speaker? So, Mr. Speaker, this is why I question the leadership that we are under right now, because they were willing to . . . and I am going back to First Kings and the story of King Sol omon, where it seems as though the OBA was willing to divide the child just for their own gain of whatever you want to think that they were trying to gain. B ecause to me, Mr. Speaker, after weighing the facts, all I can see is votes. That is what it seemingly comes down to for me. And I am not alone with that opinion, Mr. Speaker, because almost every person out there who came over the course of the past week felt the same way. They saw the same thing, Mr. Speaker. So, if you are willing to rule over a divided country instead of taking a very possibly volatile situation and showing true leadership and putting differences aside, putting ideologies aside, putting political beliefs aside and saying, You know what? This is something that is better and best for our country. Let’s talk. Or you pull the Bill, because that is what the pe ople are asking for. You had no permission. You had no permission to bring that Bill in the first place. You pull the Bill and keep the Bill off until after we have a collaborative immigration reform through a joint select committee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Chair will now recognise the Minister, Patricia Gordon- Pamplin. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, it is important for me to weigh in to this because I think that when Members opposite start to become emotional about what has happened, as we all are, …
The Chair will now recognise the Minister, Patricia Gordon- Pamplin. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, it is important for me to weigh in to this because I think that when Members opposite start to become emotional about what has happened, as we all are, it is very easy for them to start to spew misinformation. And it is important that that misinformation be corrected before it starts to take traction. Let us start with the Member who indicated that, you know, amendments to the Immigration and Protection Act only started with the present Minister. But we will know, Mr. Speaker, that it was the section 20B(2)(b) provision in the Immigration and Protection Act that actually gave rise to the challenges that we are facing, because it was poorly conceived and poorly thought through, poorly executed and poorly put into the legislation by the former PLP Government. And as a result, and what happened was, when you had the—
Hon. Michael J. Scott: Point of order.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Hon. Michael J. Scott: It is very late, Mr. Speaker, and the Member is misleading the House. Section 20B was passed into law in this Chamber in 1994 or 1996.
The SpeakerThe SpeakerAll right. Hon. Patricia J. Gordon -Pamplin: The PRC amendments . . . sorry. it may not be section 20B. But the PRC amendment that was put through by former Premier Paula Cox, which was what led to the cha llenges that had come through, which led to the Carne …
All right. Hon. Patricia J. Gordon -Pamplin: The PRC amendments . . . sorry. it may not be section 20B. But the PRC amendment that was put through by former Premier Paula Cox, which was what led to the cha llenges that had come through, which led to the Carne and Correia decisions in the courts, which Members opposite were then saying, Oh, go back and make some retroactive changes to fix the law. Fix what we broke. And that was one of the challenges that caused a break in the immigration and protection challenge that we are facing today. That is one thing. Secondly, let us also say that the Honourable Member indicated that we should engage in a proc-ess. Well, it would seem to me that that is exactly what had happened. It may not be the process t hat Honourable Members are suggesting, that you do it my way or no way at all. But let me just say that the letter of agreement, which we heard Members say, Oh, there is no way we are going to support that letter of agreement. That letter of agreement, whi ch was signed at the negotiations, which were between the Government, the IRAG (Immigration Reform Action Group), the People’s Campaign, Chris Furbert of the PLP, and, I think, representing the TUC —
[Inaudible interjections] Hon. Patricia J. Gordon -Pampl in: I said the TUC. I am sorry. If I said PLP, I meant to say Chris Furbert of the TUC. [Inaudible interjections and laughter] Hon. Patricia J. Gordon -Pamplin: And possibly . . . well, clearly, he is not from the PLP, because obv iously the PLP were nowhere to be seen during this negotiation. Also, Jason Hayward from the BPSU and Ms. Crystal Caesar, who represented IRAG. Now, what is interesting, is we hear Members opposite saying, Well, why did not the Premier reach out to the Leader of the Opposition? Well, what we have seen, Mr. Speaker, is that Members of the O pposition chose . . . well, let me back up. They stood in this Honourable House. They castigated the Gover nment. They said that they did not wish to work [with the Government]. I have heard Members up and down the corridors, the Leader of the Opposition, say I can’t help you. There is nothing I can do. Why would one reach out under those circumstances? When you 1708 21 March 2016 Official Hansard Report
Bermuda House of Assembly know that, notwithstanding whatever over choice you might wish to make, that they were going to fall on deaf ears and there would be no consequence? So, you know, I think Members opposite are being a little disingenuous. And when they criticise Members for saying that we did not see you up on the hill, we knew from the Friday before and the comments that people, as members of our team were walking down, to be spat on by people standing on these grounds. And then you are saying, come back to be spat on again? It is disingenuous of Members opposite, Mr. Speaker. And I am not criticising them for it. I am just suggesting that when they open their mouths to speak, they might want to consider the reality of the situation. Nobody, Mr. Speaker, wanted for the type of demonstration that we had to occur last week. We had one of the Members opposite making a video, bas ically saying, We can bring the Government down if they cannot pass the Budget. Well, clearly, when Members come to this Honourable House, one of the things they might want to do is to at least understand the terms of reference under whic h we operate. And I think that Member would be well served to go and look at the Constit ution, and in particular section 97, which speaks to the time frame within which a budget must be passed. So if we did not get it done by April 1, which is the ideal and it is what we would like to do, the Constitution provides for a four month grace period. So, Members were salivating, salivating that there may be the o pportunity to bring this Government down, and doing it to continue to rile and stoke people with misinform ation, because it suited their purpose to do so. I never saw, Mr. Speaker, any ability or any opportunity for Members opposite. They did not wish to reach out. They sat in the background. They allowed people to demonstrate. They said things quietly to continue to stoke people up. And they sat in a co wardly kind of way, not presenting themselves to say, Let us look for a solution, because they had tipped their hand in the House during the debate the week before, indicating that we will never work with th e Government on this particular issue. So when people tell us something, Mr. Speaker, we actually believe it. We actually believe it. So when Members say that they do not wish to work with us, do not stand there today and come and say that we did not reach out to you, you didn’t come and work with us. Members opposite know that they scorched the earth. And then they wondered why the earth was scorched. And I think that that is more than disingenuous. We talk about behaviour of Members of Parliament. And Mem bers of Parliament, I have to say, Mr. Speaker, in my estimation, we are all equally r esponsible to adopt an appropriate code of conduct. And we cannot on the one hand suggest that the Government needs to do things one way when we all sit in this House together. We all were elected through the same process of the ballot box. And we are here representing the best intentions that we can find for the better good of all of our people. Mr. Speaker, let me also say that Members were speaking, we have heard it ton ight, and I think that that is the refrain, and that is probably what they caucused together and said, Let every person to a man stand up and criticise the Premier and his lead-ership. And, Mr. Speaker, the Premier can speak for himself with respect to his leadership. I think the things that he has done probably speak for them-selves; I do not have to stand here and do that. But what I can say, Mr. Speaker, is that if we are talking about weak leadership, we did have a Member of our Cabinet resign. And that was much to my personal disappointment and regret, because I believe that we have lost, in that decision- making process, one of the best Ministers that this Gover nment has seen, one of the best Ministers that this House has seen in an awful, awful long time, this a dministration and the previous ones, Mr. Speaker. But let me just say that we have had a cas ualty of one Minister. Members opposite, the leadership of which they speak so highly, had seven Members decide that they did not wish to serve under the le adership of that Member. Now, if you tell me where weakness is, I have to question. You know, the Hon-ourable Member who just took his seat spoke to the Bible. And there is an expression in the Bible that r eminds us that one must remove the mote from our own eye before we are concerned with that in our brother’s eye. And I think that that is important. So when we start to criticise Members opposite, it would not perhaps hurt to look at the man in the mirror. So, Mr. Speaker, let me say that I am tremendously distressed about this entire situation. Because I think that, as things developed, we perhaps did not act as quickly as perhaps we may have, as the Go vernment. I think the Minister had taken responsibility for it. The Premier, in reaching out and trying to broker a satisfactory resolution, I believe with the assistance of some very prominent businesspeople who had the ability to traverse the minefield on which we were travelling , we came up with something that was appropriate under the circumstances to quell the angst and the concern. And we hear Members tonight saying, That decision? I don’t care what it was. I don’t care who made it. You didn’t come and ask me, and because you didn’t ask me, we’re not going to support it at all, in any way, shape or form. Yet we have heard Members opposite say that they embraced the idea of splintered families being made whole. So you say that in one breath, and in the other breath you say, Don’t bring any amendments up here for this Bill, for this Act, because you’re not doing it the way we want you to do it. And that is where the danger lies, Mr. Speaker.
Bermuda House of Assembly You know, we talk about collaboration and working together and trying to do that which is good for the country. But we are not seeing that the Mem-bers opposite are interested in doing that. You know, the Honourable Member who took his seat from constituency 13 indicated, Why not sit with the people wherever they are? I will tell a story, Mr. Speaker. I was going into Marketplace on Thursday of last week. Walking up the sidewalk, a gentleman walking down the sidewalk. And he started screaming at me before he reached me. And I looked at him, and people in the store were actually looking at him like, What is with this guy? as we walked in the store together. And he continued to walk ahead of me. He turned, and he screeched and he screamed. And he said . . . you know, so I just looked at him. I thought, You know what? I am not even going to engage at this level. So as I was standing at the counter ready for my food or deciding what I wanted to eat, he conti nued. And I turned to him, and I said, Wait one second. I will engage anybody at any time on any issue. How-ever, I will not stand for anybody disrespecting me to the extent that you feel it is appropriate to scream at me in the manner in which you did. And he said to me, Well, I’m frustrated. I said, And so am I. So— am— I. So, Mr. Speaker, I understand, and I stood and I said to the gentleman . . . we chatted for perhaps about 15 minutes. And we were able to share information to first put fact to some of the misinform ation that he had. And it was interesting that his comment to me at the end of it was, Well, I don’t know. I just have to, you know, do what Brother Chris tells us to do. And I thought, That is unfortunate. That is unfortunate. Because it showed me that there was a certain influence that was being brought to bear that was not necessarily being cohesive at that point in time. Ho wever, it just was not calming. And that frustration was being fed. And I understood it. And I chatted with him. He told me where he worked. I asked, and I will not repeat it because I do not wish to identify the individual. But let me just say that, with communication, and real communication, as we have heard my honourable colleague from con-stituency 4 allude to, real communication, speaking and hearing. And we had some deficiencies in this past week in that regard. But I want for people to know that when they talk about the Honourable Member who spoke about, Oh, why don’t you listen to your backbench? You had your Honourable Member Leah Scott make com-ments! And you had— almost gloating— You had a Member in your Cabinet resign! Well, let me just say that the nature of the party that we have here encourages individual ex-pression. We are allowed to do so without rhyme or reason, without fear or favour. We do it because we have a healthy interaction one with the other. What do we have on the other side, though, Mr. Speaker? There is dissension, and they make decisions —as I said, all seven people resigned en masse from the Shadow Cabinet. But we do not hear a peep about that. Why? Because it would appear to me that Members opposite are put under such extreme manners that their party matters stay internal. And that is okay. I am not knocking it. That is okay. But if one believes, heart of hearts, that there is some reason why they cannot continue to coalesce around an individual and they express it, and som ehow it is okay over there, but it is not okay over here, somehow that just does not jive, it does not tie. You know, we heard Members opposite indicating about the concerns that are still out there in the community. And certainly, we are not impervious to that, Mr. Speaker. I believe that the experience that we had in this Ho use last week of being locked out from being able to come and do the people’s bus iness, but coming here today with a resolve that we know that the people’s business must be done, and then we hear criticism by a Member opposite saying, Oh, we’re just coming and going along with business as usual. Mr. Speaker, nobody wants to be here at quarter to five in the morning having been here ten o’clock the day before, to say it is business as usual. We have a responsibility to have certain things done, and we have done them, with the cooperation of the Opposition, I might add. So everything is not lost in this, Mr. Speaker. We have the ability to work together when it works. But what we do not have the ability to do, neither should we be asked or called upon to do, Mr. Speaker, is to decide that the only way things have to be done in controversial issues is the way that the Opposition says to do it, and you do it my way or you do it no way at all. Otherwise, we are going to sow seeds of dissension and discontent to ensure that what we saw last week, there is a repet ition. We have heard the threats tonight. We have heard them. And they may not have intended to put these out as threatening words, but that is the way it has all come across. We are not going to support this. You withdraw this until we tell you that it is okay for you to bring it back! All the while, Mr. Speaker, while the country needs some stability. You know, I think what I lament worse than anything else is the fact that there is this divide in our population. But when Mem-bers in this Honourable House sit and talk about Oh, the blacks were up here on the hill with us, and the whites were down there with them, it is like, you know? I look in the mirror on a daily basis, Mr. Speaker. I am black, in case anybody did not notice it. I am black! And I do not have a problem going into the home, going into the environment, going into the midst of anybody in this community, black, white, or other-wise, mixed, whatever. I do not have an issue with that. Because I look at people as being people. And I 1710 21 March 2016 Official Hansard Report
Bermuda House of Assembly do not want to try to pull people in a circle that says, We are black, and therefore we have to pull over here. And you’re white, and therefore you have to be segr egated over there. And while those people were down the hill talking to them, and we were up here talking to us . . . I am like, what is this? Are we living in 2016? Are we really in the twenty -first century? Because I just think that we have an obligation, if nothing else, to recognise that we sit here as Members of Parliament representing every person in this community. And, Mr. Speaker, we cannot . . . I remember having this discussion a few years back when I heard the former Member, former Premier Dame Jennifer say, If it wasn’t for white people, I would not be in this Honourable House, her having been voted in in St. George's and having won that seat at that particular election by a reasonably narrow margin, and having to say, If it wasn’t for white people. Why should we even have to do that and have those lines of demarcation? Why can we not say, I was the candidate who a ppealed to the majority of people, and hence they put sufficient faith and trust in me to put me in this position to represent them? Why can that not be our narrative? And why can that narrative not start here in this Honourable House, Mr. Speaker? So we do not have Members in this House starting to talk about, Oh, the black people and the white people and the mixed people and the up- the-hill and the down- the-hill. It does nobody any good, Mr. Speaker. And all I can say, and I admonish everybody that, when we look at an agreement that has been made, do not negate it! You were emasculated through the process. You did not attempt to reach out. And as a result . . .
[Gavel]
[Timer beeps]
Hon. Patricia J. Gordon -Pamplin: Is that the finish? Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. The Chair will recognise the Honourable Member from constituency 33.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker, and good morning. Good morning to you, and good morning to the listening audience. Mr. Speaker, I remember reading a story in the Royal Gazette that the One Bermuda Alliance was searching around for a new consultant. And I hope that it is true, because the …
Thank you, Mr. Speaker, and good morning. Good morning to you, and good morning to the listening audience. Mr. Speaker, I remember reading a story in the Royal Gazette that the One Bermuda Alliance was searching around for a new consultant. And I hope that it is true, because the current consultant, Shaggy, the author of It Wasn’t Me, is not working anymore. We continue to hear deflection, denial, everything but a recognition of what is actually happening in this country. Mr. Speaker, when you have a Member sit down, speak about how we should not talk about the whites were down there and the blacks were up here, if we cannot face this, we cannot fight it. And that is at the very root of the problem at the One Bermuda All iance. They will not face their problems. And thus, they cannot fight them. There is a serious racial divide in this country that existed long before any Member of the PLP was born or the PLP even existed. And what the Gover nment fails to understand in their inability or their unwil lingness to face it, they have created the circum-stances of their own doing. I have heard whining and whining and whining. You turned the people against us. You made the people hate us. You did it to yourselves! You have done it to yourselves by your ac-tions. We do not have the power . . . or no, I should put it this way. The people are not so sheepish, gull ible, and manipulatable to be able to be convinced to hate somebody. It is your actions that have borne this desire from the people’s hearts. It is your lack of trut hfulness. It is the broken promises. It is your actions. The fact that I have said you have broken promises, that we have said you have deceived peo-ple, that we have said you have not kept your word, that did not turn the people against you. The pointing out, a doctor telling you that you have cancer did not give you cancer. It is just a diagnosis. But, Mr. Speaker, what I have heard tonight is a government that, despite having the country bas ically rise up against them, that has had a senior Cabi-net Minister walk away, that has had a backbencher express her feelings publicly about the out -of-touch disconnectedness of the party, we see a One Bermuda Alliance Government that remains in denial. It will not face what it has done to contribute to its own circumstances. And that is why we are not seeing any pr ogress. That is why, from January 2013, there has been protest after protest after protest, because they are not learning. We had a week where any gover nment would have to say, We have learned something. But you keep having the same lesson taught to you over and over and over again. You are not learning it. And I am beginning to think the student is unteac hable, that there just may be no capacity for growth because they will not face the contributions they have made to their own reputation in the community. Mr. Speaker, the Honourable Attorney Ge neral, when I heard him speak tonight, I heard the voice of Bull Connor. I heard the voice of Pik Botha. I heard the voice of the people who said, Put the dogs on them! That is the voice I heard. It is a party that does not get it. It is a party that will have a Minister of Gov-ernment who would take that irresponsible stand, dis-respect the police of this country, and the Premier, who is the Minister in charge of police. That is the dy sfunction that we see in the One Bermuda Alliance they will not face. But they are quick to point the finger at us. We are so dysfunctional, but yet we somehow managed to shut the Island down all week. We are so dysfunc-tional, but we managed to keep exposing your scanBermuda House of Assembly dals and your inadequacies and your broken pro mises. So, I would say that you need to keep your nose, your mind, your mouth out of Alaska Hall and get on with the business of running the country, because we are getting tired of the excuses. The people who gathered around these Chambers and blocked the doors are tired of your excuses. You promised 2,000 jobs. You lost 2,000 jobs. You promised to increase air arrivals —49- year low in air arrivals. That is your record! You promised repeat-edly you would not proceed with this form of immigr ation reform. And you are doing it. You are not learning. So every time you get up and you say . . . I told my colleagues, I said, You know, we should do a drinking game one night. Let’s take all the OBA talking points. And every time we say 14 years —shot. Every time they say ‘the mess you left me’ —shot. We would be dead because they keep repeating the same old tired trite lines. Hire a new consultant, please. Fire Shaggy. The It Wasn’t Me strategy is not working anymore. But, Mr. Speaker, we talk about c ollaboration. And it reminds me of the story of the pig and the chicken. And the chicken says, I want to have bacon and eggs. And the pig says, Well, you’re involved. But I have to be committed. Collaboration cannot be one side completely sacrificing everything and the other side contributing a bit. The purpose of bipartisan com-prehensive immigration reform is to get this right. And CURB [Citizens Uprooting Racism in Bermuda] made a presentation recently about the hi story of immigration that I strongly encourage all of the Government MPs to go and see so you can under-stand why our people feel the way they do. You can understand why, when you have an event for Pat hways to Status, it is 95 per cent white, and then you have an event on the hill protesting Pathw ays to Status that is 95 per cent black. And, Mr. Speaker, what was real interesting, you know, because we heard several comments, and what really inspired me, I remember the first sight I saw that stuck out to me was not the people in arms blocking access to Parliament. It was the red- headed white teenager who had locked arms with his fellow Bermudians. It was the white student whose mother came over here from England as a teacher. It was the white Bermudian whose grandmother is buried in the cemetery down the road from where he lives. It was the assortment of people. That representation of people on the hill looked like Bermuda, Mr. Speaker. It looked like Bermuda. Because there were white Bermudians, black Bermudians, Portuguese Bermudians who recognised the danger of a misguided approach to immigration. They recognised it. And so when they talked, they said, You know, if there is a summer job coming up, right, and my child is a black Bermudian, or their child is a white Bermudian, is the Canadian [employer] going to give [the job] to either of them, our children? And they both agreed. You know what? It is not likely. They are going to take care of their own, and there is nothing wrong with that. But that is the concern. And it is real. And people are recognising and we are star ting to see in this country the belief that Bermudian might just mean something a little bit more than black people when we want to talk negatively. It might just mean a little bit more than white people who got off the boat when the Sea Venture crashed here. It might mean a little bit more than that. And that is what the One Bermuda Alliance is not getting. They are not getting it. And maybe it is this, you know what, this rush, this desperation, the sense the clock is running out, that you need more votes, and let us figure out how we can get these more- votes in. Maybe that will save us. But judgment day is coming, Mr. Speaker. And you can do whatever you want. Judgment day is coming. So, Mr. Speaker, I will finish with this. There needs to be a period of self -reflection. There has to be. You cannot continue to present this arrogant, i ntransigent, unlearning, un- growing, un- evolving, throwback mentality that we have seen on the floor of the House tonight. If the people marching and bloc king the doors . . . that historic event that we saw out-side . . . Mr. Speaker, you know, we had our people called criminals and illegal. But you know what? They called Malcolm X a criminal. They called Martin Luther King, Jr., a criminal. They accused them of inciting. Bull Connor said that Martin Luther King has come down here to incite trouble among our good Negroes. They just took out the “good Negroes” part. It is the same language. But our people . . . Mandela was a terrorist, my honourable c olleague said. But what we hear is a refusal to understand that in a system of injustice, an unjust government will create its own opposition. If the PLP did not have one single seat, and you pulled that mess you pulled last week, you would have gotten the same result. Okay? And understand that. Go back, I encourage the Government, educate yourselves. Go to CURB and get the video, the present ation of the immigration history. Educate yourselves. And maybe we will see an elevation of your perfor mance and your ability. Go and read the commissioned Pitt Report because your ideological, genetic, and political ancestors said the same thing after the riot. The PLP did it. The PLP made them do it. And what did the Pitt commissioners say? No. You did it. Your actions, your refusal to listen, your inability to take a look at yourself, did it. Those who do not learn from the past are doomed to repeat it. Mr. Speaker, I think what the One Bermuda Alliance really does not get, and maybe they have just bought in their own hype and their talking points . . . they seem to really believe that the Progressive La-bour Party does not love Bermuda unless we are in charge of it. They really seem to believe that. They 1712 21 March 2016 Official Hansard Report
Bermuda House of Assembly really seem to believe that we are prepared to cut the baby in half if we cannot have it. We, many of us, do not have the option to go back to the country of our parents. Many of us do not have second passports, the ability to go there, or have opportunities to move away. This is our home. For many of us, our parents, our grandparents, and our ancestors are buried in the soil here. And that is what I think the One Bermuda Alliance is just not getting. They somehow seem to think that they love Bermuda more than anybody else. But I am here to tell you we love Bermuda, to o. And your policies, your approach, your inability to take a look at yourselves and evolve are creating more damage to this country than an ything else in Bermuda right now. It is your inability to create jobs that is creating dissension in this comm unity. It is your inability to keep your promises. It is your inability to stop getting caught in deceptions that are creating these issues. Grow up. Take responsibility. Really look in the mirror and adjust your behaviour accordingly. It is for the benefit of the country. A government that is functioning, a government that is producing, a go vernment that is performing does not have people outside yelling, screaming, and banging drums at you. They do not. So, Mr. Speaker, the Government needs to grow up, stand up and start doing the people’s bus iness and stop making excuses. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 18.
The SpeakerThe SpeakerGood morning. It is five o’clock in the morning.
Mr. E. David BurtExactly, 5:02 am. Mr. Speaker, before I begin my substantive remarks, on behalf of the Leader of the Opposition, who cannot be with us this morning, I wish everyone in Bermuda a happy and safe Good Friday and Easter weekend and springtime, before we get back for our summer session. …
Exactly, 5:02 am. Mr. Speaker, before I begin my substantive remarks, on behalf of the Leader of the Opposition, who cannot be with us this morning, I wish everyone in Bermuda a happy and safe Good Friday and Easter weekend and springtime, before we get back for our summer session. And by the time we get back, Mr. Speaker, on May 13 th, I will be . . . hopefully, my son will be with us and I might not be with you. So I give my apologies in advance because I should be on pa-ternity leave on the 13 th. Now, the hour is late, or early, so I will do my best to make it very quick. But we have heard a lot of talk tonight. And we have heard a lot of things from, I gues s you would call, the Government benches. And one specific thing which you heard from the Gover nment benches . . . it seems as though there is a split-ting of hairs as opposed to a question as to where the PLP policy is. And then we heard the Honourable Mi nister of Community, Culture and Sports say something about Why is the PLP always saying ‘work with us’? Why are they saying that? They never wanted to pr esent themselves to work with us. Why do they say that after the fact? And it is very clear, Mr. Speaker, that we did it twice. And on two separate occasions in this Parli ament, as late as a few sessions ago, the One Ber-muda Alliance turned down a bipartisan approach to immigration reform. To form a joint select committee on which the One Bermuda Alliance Members would be in the majority —that much is a fact, Mr. Speaker. So we have heard some possible, I guess you could say, regrets about turning that down the second time from the Deputy Speaker, who, you know, said, Let us work together. And I thank her for her passion. But I sincerely hope that the next time her Government tries to do something that they do not have a mandate for that cuts to the very core of what it is to be Bermudian, the very core of our democracy, the very core of what we are as a people, that she will use the most powerful thing that she has, which is her vote in this Parliament, to stand up to her Government and say, No. You do not have a mandate for this. Let us abide by our election promises and possibly have a joint select committ ee.
Mr. E. David BurtWell, . . . and here is what I would say. I would say I thank the Honourable Deputy Speaker for her clarification, because she is right. But she had a time to do it again a few days ago. And she did not vote for a joint select committee. …
Well, . . . and here is what I would say. I would say I thank the Honourable Deputy Speaker for her clarification, because she is right. But she had a time to do it again a few days ago. And she did not vote for a joint select committee. She had the chance. So, she has done it before. But there are many persons on that bac kbench who right now may be reconsidering their pos ition. There may have been people on the front bench who were reconsidering their position. And, Mr. Speaker, they say [these are] threats from us? Mr. Speaker, [these are] not threats. I can tell you as a new father, when you start tinkering or messing with the future of people’s children, you get a reaction that you may not have bargained for. And that is what the One Bermuda Alliance was doing with its ill -fated attempt at forcing Pathways to Status on the people of this country. And we saw the reaction. So, there it is, Mr. Speaker.
Bermuda House of Assembly Now, I will tell you a little bit of history. B ecause on Thursday, I called Minister Crockwell (or former Minister Crockwell), and I thanked him for standing up on principle. I thanked him for having the courage to say, What we are doing is not correct. And at that time, I said what other people have said in this House today, that I believ e that even though we have tussled, he was an effective Minister. I do believe that he was an effective Minister. But here is the thing. He stood up for his children, and he stood up for my daughter and my unborn son’s future. He stood up for their birthr ight in this country. He stood up to the Government to say, You know what? You may not be getting it right. And you may have to think. And because he could not oppose that decision inside of Cabinet, he did the honourable thing and stepped aside. I wonder how many more One Bermuda All iance Cabinet Ministers disagreed with the policy of the Government but did not have the strength and conviction to step aside. And the reason why I say that, Mr. Speaker, is because we talk. And we know that he was not the only one. But it seems as though he was the only one with the courage of his convi ctions. And I thank him for that, Mr. Speaker. Because when he left office, he said and echoed things which have been said in this House before. He said, I felt that I could no longer serve under Premier Dunkley and the direction in which he is taking this country — an indictment from a senior Minister. And if there is nothing more that explains the tone- deaf stance or the lack of understanding and hearing (as some people call it “tone deaf”) of the One Bermuda Alliance, he said the Premier and others could not even see it coming, despite the fact that many of us did. Mr. Speaker, as I said, when you mess with people’s children you get a reaction that you may not intend. And, Mr. Speaker, if you do not understand the people whom you are elected to lead you may want to consider whether or not you should continue to lead them. It is that simple, Mr. Speaker. And where is he taking the country? Understand, the former Minister said, I cannot support the Premier and the direction in which he is taking the country. And what is the direction in which he is taking the country? If you look at the Premier’s Twitter ac-counts and you looked at his video, it would just seem as though it is happy -go-lucky. Smiles with every schoolchild he finds. I sometimes joke with the Pr emier’s driver that he is the official photographer, be-cause everywhere he goes, the Premier will come out with his nice phone and his fancy little Premier Bermuda case that he has got, all custom -made, and give him the camera and take a picture, put it on Twitter, put it on Instagram. Let’s say that I’m a man of the people. But when his Attorney General stands up and says what he just said, the Honourable Premier is s i-lent. And as I have said here before, forget the photo ops, Mr. Speaker. If you really want to know what M ichael Dunkley is . . . sorry, what the Premier is think-ing, just listen to the voice of Minister Moniz and Mi nister Fa hy. That is what he is thinking, because the Premier has the power to remove them from office. And when the Honourable Attorney General gets up and gives the diatribe that he just gave, talking about, Why don’t you remove these people from breaking the law? Admonishing the police, he gets up and says, The police didn’t do anything about it; gets up and says, We haven’t seen anyone prosecuted for this . . . that is what we got from the Attorney General of this country when people expressed their democratic right to assemble and protest about something they felt is fundamentally important. And what happens? The Honourable Premier is silent. His silence means he condones it. His s ilence means that it is what he wants to say, but because of his need to have his favourability ratings high, he refuses to say that himself. So he allows Mi nisters of his Government to be his henchmen and al-lows Ministers of his Government to do the dirty work. Well, Mr. Speaker, I will say this. Does the Honourable Premier . . . did the Honourable . . . well, I should say the Honourable Premier , but did the Honourable Premier and did the Honourable Attorney General want the police to bring out the dogs? Did he want water cannons? To hear the statements of, Why don’t you remove these people for breaking the law when they are surrounding Parliament because they feel so strongly about an issue . . . come on! Does he believe this is the 1960s, or are we living in 2016, Mr. Speaker? Could you imagine the reputation of a democracy such as ours, the stability of which we are supposed to have, if there would have been [attempts] to break up a peaceful protest [ou tside] of the House of Parliament? Could you imagine? But, Mr. Speaker, those are the words coming from this Government, and that Minister made it very clear for all in this country how the Honourable Pr emier feels. And if the Honourable Premier disagrees with those statements, I challenge him when he gets up to close this debate to disavow them. I challenge him to say, That Minister does not speak for my Government. But unless he does, everyone will know what the Premier feels. And what the Premier feels is that exact statement right there. Mr. Speaker, we have seen blockades of parliaments. We have seen race wounds torn open. We have seen a backbench rebellion, ministeri al resign ation, island- wide work stoppages. At what cost? For what, Mr. Speaker? The Government —this Gover nment —was elected in an election. They do not . . . during that election, they stated categorically that they will not grant status to PRC holders. This Government has absolutely no mandate to grant status to anybody. And they should not be surprised at the response from the voters of this country. 1714 21 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, it is very simple. Responsible governments do not break election promises with i mpunity. Responsible governments do not push their country to the brink. Responsible governments do not ignore the people. They do not walk by when they as-semble in protest. Responsible governments do not try to silence dissent. Responsible governments do not try to arrest peaceful protesters, and responsible governments do not let the country’s reputation as a stable democracy go down the tubes. What we saw happen last week, Mr. Speaker, should have never ever happened. It should have never ever gotten to that point. It should have never got to the point where Parliament had to be delayed multiple times. It should have never got to the point where people had to blockade this House. It should have never got to that point, Mr. Speaker. But all for what? As the Honourable Shadow Minister of Transport said, to divide the baby. To rule over a divided country. Your mandate is not that strong! You have 19 seats in this House. You do not have the right or the power to change fundamental laws which existed before our Constitution. You do not have the ability to do that without going to the people. And all of those things which we saw from a Government acting irresponsibly come from a lack of leadership from the Premier of this country who is clearly ineffective in his position, someone who feels more comfortable sending video messages and watching crowds from afar than engaging with the very people whom his decisions affect. He is comfor table to make the decisions that will affect people’s children, but is scared and refuses to speak to those people to their face about the very people his dec isions will affect. Ineffective, Mr. Speaker, weak. And one has to question why. No one in this country can under-stand how the Minister of Home Affairs, who sits in another place, still remains the Minister of Home A ffairs. If you have gone this far on a policy that has to get turned back, which caused work stoppages inside this country, how are you still inside of your position? Why is the Minister of Tourism and Transport gone, but the Minister of Home Affairs is still there? Could it be that the Premier is too weak to remove him? Or could it be that the Premier just supports his agenda and does not want to come out and say so? Mr. Speaker, I will close with a quote from an Honourable Member of this House, whom we have not seen for quite some time, and that is the Honour-able Member from constituency 30, Leah Scott. In an e-mail that she wrote, she said this (and I quote): 1“We are public servants —we are elected to serve the people. Minister Fahy is not elected; however, in 2012 when we became Government, Minister Fahy chose immigration as the ministry that he wanted and since that time he has clearly and steadfastly pursued his
1 Bernews , 15 March 2016 own agenda. Are you prepared to let one man’s desir e to promote his agenda be the driving force behind bringing this island to its knees?” Mr. Speaker, last summer I got up in this House and I said . . . it is a little bit too early for sin ging. But I will say this, Mr. Speaker. How long will this Honourab le Premier continue to stand by his man and continue to stand by Minister Michael Fahy? Thank you, Mr. Speaker. [Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Minister, Minister Atherden. You have the floor. Hon. Jeanne J. Atherden: Mr. Speaker, it is late at night, or early in the morning, depending on what perspective you are coming from.
The SpeakerThe SpeakerIt is early in the morning. Hon. Jeanne J. Atherden: It is actually very late in the night. We have been here a long time. [Inaudible interjections] Hon. Jeanne J. Atherden: The reason I am still here is because, Mr. Speaker, I believe all of us have the responsibility as …
It is early in the morning. Hon. Jeanne J. Atherden: It is actually very late in the night. We have been here a long time. [Inaudible interjections] Hon. Jeanne J. Atherden: The reason I am still here is because, Mr. Speaker, I believe all of us have the responsibility as Members of this Parliament to try and do things for Bermuda. And I always beli eve that sometimes it is the perspective that you come from. The Honourable Member who just took his seat must have been looking over at something that I was wri ting, because when he talked about cutting the baby in half, that is actually what I was feeling a few moments ago— that, from my perspective, I believe that we have people who are quite prepared to cut the baby in half, or to rule over a divided country. In my perspec-tive, I believe that bringing the country down does not seem to be something that people would shy away from. I used to believe that being in the Opposition meant that you were going to try and hold the Government accountable. You were going to try and put forward other suggestions. But there was a thin line which you would not cross over with respect to doing things that would actually harm the country. I do not feel that anymore. I really do feel that people outside and inside here would be prepared to do things if they believed that they could bring the country down, that they could have the Government not be the Gover nment because they so much want to be the Gover nment that they would do anything that would help this happen.
[Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair]
Bermuda House of Assembly Hon. Jeanne J. Atherden: And, Madam Deputy Speaker, I know that we have a difference of opinion, and that is fine. Differences of opinion are always g oing to be there. But, you know, we have things that are said, we have things that are alluded to, which is misinformation. And people know it is misinformation. But they do not mind doing it because it is almost as if anything goes, and the ends can justify the means. And so, Madam Deputy Speaker, when I look and I hear people talking about the actual legislation that we were looking at, I realise that that was just another something that was used to try and see if the Gov-ernment can be brought down. When we first got in, the Opposition Leader told us, 18 months. In 18 months, basically, we were going to be gone. And I could not figure out how he was going to make that happen, since elections are held every five years, unless we as the Government chose to bring it back. But over time, you have seen more and more efforts and attempts to try and go through and do things which would try and cause this Government to be no longer the Government. And I believe that we have to start recognising that you always hear this suggestion about collabor ation. We want to collaborate. But the proof is in the pudding. Every time we are looking at things which could come forward, just from the point of view of new legislation or ideas, no one comes across and talks to their opposite Member and says, This is a good idea. Let us see if we can do this Bill. I mean, I just looked around at the last one we had with respect to women. That was the type of thing that we could have had a conversation with the women to say, Look. This is something which is important. Let’s go forward and let’s have it as a joint initiative. That did not happen. And so, when you start talking about collab oration, it is almost as if to say, Well, that is something that we need to put forward. The Government hasn’t done it. Let’s put it forward so we can seem to be put-ting our hand up and saying, well, we’re doing some-thing that they ’re not doing. We have things that are happening in this country that it is unfortunate that we seem to be going back to. We seem to be going back and reaping, bringing up all sorts of racial issues just because it appears to me that this is the way to start continuing to divide the country. We need to remember the young people who are here. They are not looking at the things the way we did. And so, in some respects, we are harping back to what I call an elderly perspective. The people who are really locked into this are people who are at the elderly level. And I am sorry. That is the way it appears. The younger people look at us as if to say, Why aren’t you able to get past some of these things and recognise that, as Bermudians, we are in this all together ? We have to be doing things. Now, we have been talking about people. We have been talking about differences of opinion. It is true. There is a difference of opinion. We do not have enough people on this Island to be able to go and do the things that we want to do. We need people to come into the Island to bolster the workforce, to make sure that some of our plans, whether it be pension or health, are supported. And so when I start to look at what I call misinformation, it bothers me. Because no one is out there and acknowledging that, under the Progressive Labour Party, we had the largest number of work permits that we have had for a long time. We have the efforts to bring this Government down, even potentially. And what was so disturbing is that when this last thing went down, this was at a time when Bermuda was just getting ready to be at the cusp of having more jobs, the opportunity to bring forward some of those jobs that we have been promi sing, that we believe are coming. Because you had the signing of the agreement. You had the hotels talking about going forward, the brands. These are things that are going to result in jobs. So I understand why people would have been concerned. And I heard people saying, We support going forward and having things done for the families. But we are worried about our children. We are worried about whether they will have jobs. I understand that, and I appreciated that. But also, we have this oppor-tunity. So when the jobs come, when we are able to turn around and deal with the training, when we are able to turn around and make sure that the opportuni-ties are there, it is all part of the plan. But also what is part of the plan, which to me is rather unfortunate . . . we have not been able to go out and get as much of the information out there as we would like. And yes, we have had the disruptions of the meetings where people came to listen. And I felt really saddened. The people who came to listen were not able to turn and listen because people disrupted it. And I believe that people have a right to pr otest. But I also do not believe that they have a right to turn around and not allow other people to hear what is going on. And it is important because unless you get the information about what may be going to be done, what the Government is trying to do, it means that you are doing a disservice, and you are not turning around and allowing the majority of the people out there, who really do support what is going on —you are not allo wing them to get the information and get the comfor t level that this is the right thing to do and it can be done in a way that benefits all of Bermuda.
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
Hon. Jeanne J. Atherden: Mr. Speaker, right from the beginning there has been this opportunity to, what I call, divide and conquer. On the floor of the House, you get efforts reaching out to us as blacks, reaching out to us as women to try and get us to desert our teams. You know, you even get messages. I am get-ting messages calling on me to do the right thing b ecause I am black. I am doing the right thing because I 1716 21 March 2016 Official Hansard Report
Bermuda House of Assembly believe that it is the right thing to do. It is not because of what I look like. It is about what I think. I do not support this racial divide. I believe in accepting people as they are. And therefore, I am giving them the r espect as human beings. And to have people turning around and saying that this is something that is going out, just people on one side believe it one way and the people on the other believe something different? I am sorry. That is not what I am finding. I am hearing people on both sides saying that they believe what we are doing is right. Keep up the good work! This is old and young people who are actually saying that they see that this is the way that we should go, going forw ard. So to me, I am doing what I believe is right. But also, I have a concern about . . . I know that there are concerns about the future, and they are valid. But I also believe that we have the right idea in what we are trying to do with this legislation, and we have the right idea as we will try and make it work. Because we have to get more information out there so people can understand what we are trying to do is not going to threaten them. What we are going to try to do is act ually going to improve their lot. It is going to turn around and grow Bermuda. It is going to grow the opportunities. I am not prepared to use this throwback language, where we are just suddenly turning around and making people feel that it is us-and-them and it is black -and-white . Bermudians have to realise that it is all about being Bermudians, all about doing things for the country. Therefore, I just cannot sit here and have people turn around and suggest that just because everybody does not speak up and say things that we do not believe in what we are doing. And so for me, Mr. Speaker, I believe as a r esponsible Government, we are going to continue to get the message out. I believe as a responsible Go vernment, we are going to turn around and we are go-ing to make sure that the people of Bermuda realise that we are continuing to try and do what is necessary. Therefore, I believe that we will use this opportunity between now and May to get information out to work on the various parts of the agreement that has been done. And I refuse to turn around and say that I am going to let this get away. Mr. Speaker, I will say one thing before I sit down. When I was elected I came out of the polling station and I sat in my car before I went off to go back to the headquarters. And I sat there, I s aid, I really hope that we haven’t won the battle and lost the war, in the sense that I was concerned that I might be an elected representative, but I would not be able to be the Government and, therefore, I would have to sit as a backbencher and have lost the war. So when in the end I finally found out that we had actually won the war, and we are the Government, well, I am actually, Mr. Speaker, part of the war. I am part of the team. I am prepared to commit my effort and energy to listen to the people, to be out there. And yes, there will be times when we will say something and we will do something that people will disagree with. But that is fine. I am quite prepared to have conversations with them, and I talk with them on the street and I go to the grocery stores. And they stop me there, and they tell me what they feel. And I am quite prepared to tell them back what I feel, too, because it is all about get-ting information out there. Mr. Speaker, we have to recognise that it is all about doing what we want for Bermuda, and it is about making sure that they understand that we do not have any of our personal agendas. We are here because we believe that it is important. And we are going to continue doing that. And, Mr. Speaker, all I want to say to the people of Bermuda is that we have some more work to be done. And I am quite happy to be part of this team. And like every other team, I believe you should say what you think within the room, and then afterwards you go out and you are a team player. And so I will continue to do that, and the pe ople of Bermuda should know that this Government intends to do the best for the country. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. You don’t feel like going home? [Inaudible interjection and laughter]
The SpeakerThe Speaker—the Whip for the Government. I guess I have to let him speak.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, we have been through some difficult times. Mr. Speaker, the past week has not been comfortable; in fact, it has been painful. It has been painful because the community is in pain, be-cause the community is frightened, because the community is unsettled, because the …
Thank you, Mr. Speaker. Mr. Speaker, we have been through some difficult times. Mr. Speaker, the past week has not been comfortable; in fact, it has been painful. It has been painful because the community is in pain, be-cause the community is frightened, because the community is unsettled, because the community has lost some hope. Mr. Speaker, we all are leaders of this cou ntry. Today we have spoken about the history of imm igration, the history of racism. Mr. Speaker, we have talked about poor leadership. But, Mr. Speaker, as leaders of this country, when are we going to talk about the future? When are we going to talk about a vision for this country that everyone can participate in, Mr. Speaker? I think the anxiety that most people have . . . and Mr. Burt brought up the issue about chi ldren. When you are talking about children, we are talking about the future of Bermuda. We as leaders of this country must spend more time about a vision.
Bermuda House of Assembly Mr. Speaker, when I ran in 2012 in the for efront of my mind was this: It is my role to do my best t o help deliver a Bermuda that is at peace with itself, at peace with its economic situation, at peace with its social situation, at peace at home, at peace with our family members. And, Mr. Speaker, it is about time that we stop the division and learn from our history. I am not going to say discount it —learn from our history. Mr. Burt i ndicated he has a son coming in May. And if we are to do what is right for that young child when he is born to this world we must move forward with a vision that will sustai n him, a vision that will sustain his daughter, a vision that will sustain my children and grandchildren. At the end of the day, Mr. Speaker, if we get the best of our people through education, through employment opportunities, if we get the best of our people from a social point of view where there is r espect for each other, and if we recognise that Bermuda is not the same Bermuda that existed 30 years ago, 40 years ago, we know for a fact that Bermuda cannot sustain itself with just Bermudians. We all h ave had a role to play in placing us where we are today. We have given long- term res idents the opportunity to be here for 30, 40 years, and nothing was done, Mr. Speaker. Nothing was done. We gave them PRCs to say they can stay here. We renewed their permits time after time for 14 years, Mr. Speaker. And now, we are trying to remedy the situa-tion. I would hope that we will put a mark in the sand and say, Listen. You guys are here. And let us possibly examine an amnesty for a period for those who are here, and then revisit it and have this commi ttee. We have basically said we would implement a committee that will look at all these issues. We li stened to the people. We were backed up against the wall, but we listened. And that is part of governing. We are goi ng to have some difficult, difficult, difficult situ ations. And at times, we might have to take a breath and hold back on our policies because, at the end of the day, the people are not ready for them. They are not ready for them. It does not mean that they are 100 per cent wrong. It means we have to reassess the appropriat eness [of doing this] at this time, given where we are in Bermuda’s history. So, Mr. Speaker, I will end as I began. Let us spend more time in crafting a vision for this country that the Bermudian people can buy into. Part of our trouble with our young people is they are not seeing themselves as part of the vision of suc-cess. They feel that they have nothing to lose, and as a consequence they feel unheard, disaffected. We must embrace those people, help make them part of the vision of success that we hope for this country. And it means education, it means tutorship, it means providing social support. It means providing family support. It means international business playing their role in our community. But at the end everyone must buy into Bermuda’s vision for success, Bermuda’s vision for peace, and a country that is at peace within itself , because without the peacefulness within itself we will continue to have problems and will continue to decline as a world economic centre. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Premier. It looks like we might get out of here just before 6:00 am. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, let me be very clear to honourable colleagues. I appreciate colleagues have spoken on this …
Thank you, Honourable Member. The Chair will now recognise the Honourable Premier. It looks like we might get out of here just before 6:00 am.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, let me be very clear to honourable colleagues. I appreciate colleagues have spoken on this side of the House. I appreciate some of the comments on the other side of the House. This Gov-ernment operates in the best interests of everyone, Mr. Speaker, those who were protesting on the hill, those who might have been at the candlelight vigil, those who barraged us with messages, texts, e- mails, WhatsApp, any type of facility they could use on social media and those who were afraid to reach out. We operate in the best interests of everyone. Mr. Speaker, what is very clear to me tonight in the Opposition is that there are two things that are missing. We have seen an Opposition Leader missing in action since just after lunch and an Opposition Leader who spoke just recently about there is no need for reform.
Mr. E. David BurtThe Honourable Premier may not know, but he may not want to go there. He may want to caution away from that. [Crosstalk]
The SpeakerThe SpeakerYes. Right. I would say yes. The Opp osition Leader is out for good reason, Honourable Pr emier. Hon. Michael H. Dunkley : I can appreciate that, Mr. Speaker. I say that to get back to the Opposition Leader’s comments, I believe it was yesterday or over the weekend, where …
Yes. Right. I would say yes. The Opp osition Leader is out for good reason, Honourable Pr emier.
Hon. Michael H. Dunkley : I can appreciate that, Mr. Speaker. I say that to get back to the Opposition Leader’s comments, I believe it was yesterday or over the weekend, where the Opposition Leader said that they would not support the reform going forward. I contrast that with the fact, Mr. Speaker, that the O pposition Member from constituency 17 is missing t onight. And I am not saying that in a negative way, either. But the fact of the matter is that Honourable Member has consistently talked about the need for immigration reform. 1718 21 March 2016 Official Hansard Report
Bermuda House of Assembly And I think now he is at odds with his honourable colleagues, because he was part of the agre ement which was finally arranged on Thursday afternoon. And I think he signed it, for he was around the table at the end, and a member from IRAG signed it, and the Opposition went in a tizzy, because they clearly did not want it signed. Now, Mr. Speaker, before I carry on with the rest of my comments, let me say again, and I will probably have to repeat it again and again and again, because I have said it before. I find it absolutely ap-palling that Honourable Members in this House would resort to petty attacks when Honourable Members are no better than the attack they give. What do I mean by that, Mr. Speaker? An Honourable Member on that side who I say is basica lly two -faced, in my humble opinion, and lacking character to say that I show up at an event on a Saturday night, stay for drinks and leave. Now, why am I upset about that? Because that Honourable Member is on social media all the time. So what is good for the goose is good for the gander. And they also say, well, I am a photo op. Well, Mr. Speaker, you cannot have it both ways. B ecause you are either out there in the public letting people know what you are doing, or you are hiding in the closet not doing anything. Which one do you want, Mr. Speaker? So anyway, that night in question I had three functions to attend. I can’t stay at them all night, Mr. Speaker. I cannot stay at them all night. So I told the organisers very clearly what I had to do that nigh t. And, you know, the Honourable Member who had the gall to attack me wrote me a very polite letter and wanted me to write a letter for the programme for that ball that night. Mr. Speaker, can you believe it? Shortly after writing the letter, he wants to a ttack me for showing up at that ball for a couple of drinks and leaving. And you know, I figure it is a great organis ation, fine young men in that organisation, and they have had a great event. I even supported it with two patron tickets, even though I could not stay that night. Mr. Speaker, come on. We can do better than that. If we have a problem with issues, deal with the issues. Do not deal with the personalities. And we have a problem with issues; let us deal with the i ssues. Let us not get into inflammatory language like, Bring out the dogs! Put the water cannons on them! Arrest peaceful protesters! I hear the Honourable Member from constit uency 18 say, Oh, really? Oh, really? Oh, really? Yes, those were the words that came from over there.
An Hon . Member: Oh, yeah.
Hon. Michael H. Dunkley: I hear, Oh, yeah. And, Mr. Speaker, not once during this debate—
[Inaudible interjections] [Gavel]
The SpeakerThe SpeakerCome on, Honourable Members. You have been very good, very good. Hon. Michael H. Dunkley: That is right. Not once during this debate did I open my mouth when they were speaking. I listened intently, because this is an important debate. But I get particularly disappointed when I hear Honourable …
Come on, Honourable Members. You have been very good, very good.
Hon. Michael H. Dunkley: That is right. Not once during this debate did I open my mouth when they were speaking. I listened intently, because this is an important debate. But I get particularly disappointed when I hear Honourable Members inflame a very important debate by using r idiculous terms like henchman, silent protesters, arrest the silent protesters. It is a lot of nonsense, absolute nonsense, Mr. Speaker, that that is even being questioned.
The SpeakerThe SpeakerYes, Honourable Mem ber. POINT OF ORDER [Misleading]
Mr. E. David BurtPoint of order. The Honourable Member is clearly misleading the House. He may not have been in the House when the Attorney General of the country asked why the police were not arresting protesters!
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. Hon. Trevor G. Moniz: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. POINT OF ORDER Hon. Trevor G. Moniz: I did not say that. What I said was that the demonstrators were preventing Members of Parliament from doing their democratic job under the Constitution. We were —
The SpeakerThe SpeakerAll right. Thank you, Attorney General. Hon. Trevor G. Moniz: —unable to access the House.
The SpeakerThe SpeakerThank you, Attorney General. Thank you, Attorney General. Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I think the Honourable Attorney General cleared up that point. So there is no need to go over it anymore. Now, let us get back to the situation of imm igration reform. The …
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I think the Honourable Attorney General cleared up that point. So there is no need to go over it anymore. Now, let us get back to the situation of imm igration reform. The Opposition, in my humble opinion, Mr. Speaker, has certainly been changing the position that they stand on. And it is clear right now that they are not happy with the solution that was reached, it is
Bermuda House of Assembly very clear. And I hear laughter from that side, and they are entitled to do that. But, you know, you cannot dance all around a prickly bush and fall down occ asionally and not get pricked. It just does not work like that, Mr. Speaker. They have called for comprehensive immigr ation reform. But when that agreement was announced on Thursday, there were Opposition Members who were upset with it. I saw it. I was on the hill. When the letter was read out by Chris Furbert, I was up on the hill. I saw Opposition Members walk off the hill, upset because now they did not have a lily pad to jump on in the middle of a storm and watch everything happening around them. They were left out in the cold. One of their Members actually played a leadership part and helped break an impasse that was there. And they were not happy about that. Now, Mr. Speaker , it is very clear that everyone can look back now, after it has been resolved, and have 20/20 vision, very clear that we can all have that 20/20 vision. One of the things that I think the people of Bermuda will recognise is that, as the Government, we had a responsibility to listen to everyone in the community, not only the people who were protesting around this House. And I was very close to those protests from the very beginning. But we also had the responsibility to listen to people throughout the community. And, Mr. Speaker, I am sure that anyone who was actually paying attention to the full totality of the issue was well aware that there was much more happening around the Island than just around this House, because everyone was tuned in to that issue. In fact, Mr. Speaker, I remember when an Honourable Mem-ber from the other side sent out an e- mail attachment with e -mail addresses [for] all Government Members. I thought that was quite interesting. Now let us see how many e -mails come in. I was barraged by e -mails from people, not so much against immigration reform, but for immigration reform. So that e- mail address list that was sent out had the opposite impact that the Honourable Member on the other side might have thought it would have had, because people were reaching out, nonstop, nonstop, nonstop. I stayed up late at night just repl ying to e- mails after we had debates in this place, after I came home from work, just replying to e- mails, le tting people . . . Thank you for the information. Why? Because we listen to everyone. So, when you get those people with 20/20 vision, or the armchair quarterbacks who can tell you how you should have won a football game on Sunday night that was played on Sunday afternoon, yes, I lis-ten to those, Mr. Speaker. But what is very clear is that all of us on this side who were very close to the issue really struggled with the best approach to take. It never left us, never ever left any one of us until an agreement was finally made. Now, we reached out. On Tuesday, the 9 th, I received a letter from the President of BIU on behalf of the Special [General] Council of the BIU, asking us to withdraw the Bill and to pause. I wrote back within 24 hours to that letter. And I asked the Leader of the BIU to contact me so we could t ry to discuss a way forward. I never heard back in regard to that letter. And the situation unfolded. Earlier last week when we tried to find a compromise position, the first offer that we sent out I also copied to the Opposition Leader. I never heard bac k from that offer that was copied to the Opposition Leader. My point in raising that is that we were trying to reach out to everyone to find the best solution going forward. You know, Mr. Speaker, I think we had a meeting on Wednesday afternoon (I think it was) or Tuesday afternoon . . . Tuesday afternoon. And you were trying to find a solution and a resolution, going forward. So, for Honourable Members to sit there and think that anyone on this side was not consumed by that issue, was not impacted by that issue . . . they had that issue stick with them day and night all through that period. For anyone on the other side to think that we were not affected by the tension in the community, the concerns being expressed in the community, because, yes, we get it. Immigration i mpacts the young and old, all through our community, today and tomorrow, well into the future. But clearly what we and throughout the community knew was that there has to be immigration r eform. And I think the agreement that we reached on Thursday afternoon is a win- win for Bermuda, going forward. Why? Because the Bill was pulled off the t able and set up a good forum for working groups to be formed to deal with the various issues. Because in the Bill, as the Opposition Member who used to speak for Immigration—and I still consider him to be the spokesperson on that side, because he speaks often with clarity and vision where to go—even that Oppos ition Member said that some of the parts that should be easier to resolve can be done in the first stage, and then the second stage, and then the third stage. So, for the Opposition Members here tonight to think that we cannot make progress . . . that is just a roadblock, Mr. Speaker. That is just a clear road-block. What the working group will also allow , Mr. Speaker, is for everyone in the community to get a real in- depth understanding what reform in any area of that Bill or amendments to that Bill will look like. And that is important, Mr. Speaker. Because really, if we are genuine about this bipartisan approach across the floor of the House of Assembly, that is what we want. That is what we want for our children and for the f uture of this country, for the future prosperity and the hope of all Bermudians. That is what we really want. Because when you look at Bermuda, Mr. Speaker, we have people from all over the world right in our nuclear family. Any one of us can turn around and see that we have close connections to all parts of the world, Mr. Speaker. So who are we here to say 1720 21 March 2016 Official Hansard Report
Bermuda House of Assembly that one side has it right over the other? Who are we here to say that having a working group with all parties involved is the wrong way to go? Who are we here to say, Well, let’s close it down now because I’m all right, Jack ? Where would Bermuda be today if we allowed that to hap pen in years gone by? And have we always got immigration policy right? No. Quite often, we have not. But the key, Mr. Speaker, is we have always worked to improve imm igration policy. And that agreement, Mr. Speaker, that was signed by members of the groups that are in-volved, People’s Campaign, IRAG, that was signed in a very comprehensive way. Because not only did it talk about the working group in stages, but other necessary steps that have to be taken: looking at a liv eable wage; looking at more opportunities for Ber-mudian students during the summertime in interna-tional business, in Bermudian business; looking at how we police those employers amongst us who have bad employment practices as far as work permit pol icies go, all of these things to help us improve as we go forward. And if we can do that, then all of the challenges that we had last week, all of the concern that we had in the community, the heightened tension and the agitation and the animosity that was grown amongst us, and the two Bermudas that clearly came out over that period, can help to be healed and moved forward in the spirit of togetherness and unity. And, Mr. Speaker, that is key. Because we can sit up here tonight, and we can argue back and forth of who was to blame. I was the best, and you did not get it right. And that is good. We got it out. Now is the time to move forward. Now, Mr. Speaker, I do not feel good about some of the things that happened. I certainly do not feel good about losing a Cabinet Minister who I co nsider a friend and a trusted colleague. But I will deal with that in the most appropriate way, because he is still a friend and somebody I respect. And so, I will deal with that in a way that we will move forward on that issue. But what I will not allow to happen, Mr. Speaker, I will not allow the petty calls and attacks to take us away from the focus about putting Bermuda in a better place for our parents, for this generation, the next generation and all our children, and for the young ones to be born over the next couple of weeks, as the Honourable Member from constituency 18 has alluded to tonight. Because that is what it is all about. And I believe that in five years’ time or ten years’ time, we are going to look back at this exper ience. And yes, it was historic. Yes, we all have some scars. Yes, those scars will take some time to heal. But I believe we will look back and say, Mr. Speaker, we have made progress. We came out of a situation that a lot of people really had some doubts and some anger and built up some hatred. But we moved for-ward. We put Bermuda in a better position. So, Mr. Speaker, I will close off this debate tonight to say that all my colleagues have the com-mitment that we will move forward in a better spirit of brotherhood and unity together. And, Mr. Speaker, I want to take this opport unity as we head truly into the latter part of this holy week, and Good Friday and Easter, to wish everyone the very best. Take the opportunity, Mr. Speaker, since we lost sleep last night, and normally about this time I am about two- thirds of the way through my morning workout, take the opportunity to go home and read some passages from the Bible and reflect o n what this season really means, because it can be a good starting block for us to get into the month of April and beyond together as one Bermuda. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Premier. Honourable Members, the House is adjourned to Friday, May 13th. [Gavel] [At 5:55 am (Tuesday, 22 March 2016), the House stood adjourned until 10:00 am, Friday, 13 May 2016.]