The SpeakerThe SpeakerHonourable Members, the Minutes of March 7th and 9th are deferred. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerMembers L. K. Scott, the Junior Mini ster, and D. V. Burgess continue to be away. Additionally, M ember W. L. Furbert will be absent today. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThe Chair will recognise the Learned Attorney General. FINANCIAL INTELLIGENCE AGENCY FINANCIAL STATEMENTS FOR YEARS ENDED MARCH 31 ST, 2013, 2014 AND 2015 FINANCIAL INTELLIGENCE REPORT FOR THE YEARS 2012/13, 2013/14 AND 2014/15 Hon. Trevor G. Moniz: Good morning, Mr. Speaker. I have two. Firstly, Mr. Speaker, I have the …
The Chair will recognise the Learned Attorney General.
FINANCIAL INTELLIGENCE AGENCY FINANCIAL STATEMENTS FOR YEARS ENDED MARCH 31 ST, 2013, 2014 AND 2015
FINANCIAL INTELLIGENCE REPORT FOR THE YEARS 2012/13, 2013/14 AND 2014/15
Hon. Trevor G. Moniz: Good morning, Mr. Speaker. I have two. Firstly, Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Financial Intelligence Agency Financial Statements for years ended March 31st, 2013, 2014 and 2015. In addition, Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Financial Intelligence Report for the years 2012/13, 2013/14 and 2014/15. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Attorney General . The Clerk: Additionally, Members, please be advised that soft copies of these communications are avai lable, and they will be sent to you electronically. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerThe Chair will recognise the Honourable Premier. Hon. Michael H. Dunkley: Good morning and thank you, Mr. Speaker. Good morning, colleagues.
The SpeakerThe SpeakerGood morning. RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN Hon. Michael H. Dunkley: Mr. Speaker, I rise to address this Honourable House in the wake of the call by the People’ s Campaign for an Island- wide wit hdrawal of labour today. Mr. Speaker, governments are called upon to …
Good morning.
RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Hon. Michael H. Dunkley: Mr. Speaker, I rise to address this Honourable House in the wake of the call by the People’ s Campaign for an Island- wide wit hdrawal of labour today. Mr. Speaker, governments are called upon to be sensitive to the challenges facing the people whom they serve. In doing so, governments are to make di fficult decisions, and not everyone will be satisfied, let alone pleased, with the outcome. Immigration is one such issue that ignites the passions of many. No one has disputed the need for comprehensive immigration reform . No one has disputed the need to address the inequities that continue to exist in our society today. There is, though, a difference in the paths that various groups prefer to follow to achieve an outcome that we can perhaps all agree is necessary. Mr. Speaker, in a mature democracy, we are able to express our views and our feelings without fear of retr ibution. I am thankful, Mr. Speaker, to live in a country that naturally grants, understands, and encourages this freedom. But with this freedom comes responsibility, a responsibility to each other, to the wider community, a responsibility that should be cherished as much as the freedom to express ourselves. 1426 11 March 2016 Official Hansard Report B ermuda House of Assembly The call by the People’s Campaign for an I sland-wide withdrawal of labour in response to this Governm ent’s plan to engage in a full debate of its proposals for comprehensive immigration reform cannot be considered to be a responsible action. This Honourable House is a place to debate the issues that we as a country must face, especially the most challengi ng, most uncomfortable issues. Certainly, Mr. Speaker, you would recall the debates on compr ehensive immigration reform that we have already had, particularly the long and sometimes heated debate this past Monday. That is responsible action. The call to w ithdraw labour is intended to di srupt life in Bermuda, inconveniencing many families and interfering with the delivery of services. Children will not be able to get transport to school. Parents will be forced to remain home from work to care for them. The list of disruptions goes on. A call for the wit hdrawal of labour threatens Bermuda’s work to rebuild the economy, work that produces jobs and opportunity Bermudians sorely need to provide for their families. It will impact us far beyond our shores and far beyond today. Mr. Speaker, this Government hears the concerns of the people regarding immigration reform. We know that there are those who are uncomfortable with the proposals. There are also many who welcome them. We cannot ignore the fact that the major ity do support these proposals. My colleagues and I have been urged to stay the course, because the proposals are good for Bermuda. We hear all viewpoints, and it is our duty and responsibility to govern for the benefit of all of Bermuda. Mr. Speaker, that is our mandate, and that is how we will continue moving this country forward, making the tough decisions for a strong and prosperous future that serves the interests of all Bermudians. Mr. Speaker, let us debate. Let us express our views, and let us do so passionately. But let us also do so with tolerance, respect, and responsibility. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerYes. The Chair will recognise the Honourable Leader of the Opposition. Hon. Marc A. R. Bean: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning, good morning. Hon. Marc A. R. Bean: Good morning to honourable colleagues. Mr. Speaker, I have a question for the Ho nourable Premier.
The SpeakerThe SpeakerYes, sir. QUESTION 1: RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN Hon. Marc A. R. Bean: To the Honourable Premier, in light of this strike action, can the Honourable Premier share with this House if the Government’s current po-sition on Pathways to Status is unchanged?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The Honourable Member called it a strike a ction. I believe it was worded a withdrawal of labour. And our current position remains the same.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 17, MP Walton Brown. QUESTION 1: RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr. Walton BrownThank you, Mr. Speaker. Can the Honourable Premier answer the following, Mr. Speaker: Given that the Premier refers to a mandate to act and to lead on these matters, will the Premier accept that there is no such mandate, given that his party prior to the 2012 election expressly stated …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 29. QUESTION 1: RES PONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. The question I have for the Premier is this. On the last page in his …
Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 29. QUESTION 1: RES PONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. The question I have for the Premier is this. On the last page in his second paragraph, and I will quote: “We cannot ignore the fact that the majority do support the proposals.” What data do you have, Pr emier, to verify that statement?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, that is our view. Bermuda House of Assembly The Speaker: Thank you. Hon. Zane J. S. De Silva: Supplementary?
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Mr. Premier, you said that this is your view. When you say your view, who is “your”? Who are you referring to?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I did not say your or my view. I said “ our” view.
The SpeakerThe SpeakerDo you have another supplementary? Hon. Zane J. S. De Silva: Yes, Mr. Speaker, thank you. Can you clarify who “ our” is then? Hon. Michael H. Dunkley: The Government of Bermuda.
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Learned Member from constituency 34. MP De Silva [sic].
Ms. Kim N. WilsonWould the Premier admit and acknowledge that forming such views without the presence of any type of statistics to confirm that view may actually result in the actions that we are seeing today?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I do not agree with the substance of the question. No.
The SpeakerThe SpeakerThe Chair will recognise MP Walton Brown. This is your second question?
Mr. Walton BrownYes. The Speaker: Yes, sir. QUESTION 2 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMP AIGN
Mr. Walton BrownIn light of the growing and perv asive discontent with regard to the Government’s a pproach to immigration reform, is the Premier prepared to accept greater and greater social unrest that is likely to follow, rather than commit to a c ollaborative broad- debate approach reflective of comprehensive immigration reform?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I do not support the approach that there are some in this comm unity who would like to see tensions continue to rise. And I think it is unfortunate that Members continue to walk along that path. This is a very emotive issue, …
Premier. Hon. Michael H. Dunkley: Mr. Speaker, I do not support the approach that there are some in this comm unity who would like to see tensions continue to rise. And I think it is unfortunate that Members continue to walk along that path. This is a very emotive issue, as I have talked about often. And we have been swamped with people who support this proposal. So I think it is inappropriate for leaders in this community to continue to support raising up civil disobedient levels.
The SpeakerThe SpeakerMP Brown, you have a supplementary on that?
Mr. Walton BrownMr. Speaker, I do have a supplementary, and it will come to me right now.
The SpeakerThe SpeakerIs this another new question?
Mr. Walton BrownIt is new, my third question. It is my third question.
The SpeakerThe SpeakerYou had a supplementary on that question? Hon. Zane J. S. De Silva: Yes.
The SpeakerThe SpeakerAll right. MP De Silva. SUPPLEMENTARY Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Premier, you just said that you have been swamped by people who support it. Can you give us 1428 11 March 2016 Official Hansard Report B ermuda House of Assembly an example of the …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, Bermudians of all walks of life.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Whip, from constituency 3.
Ms. Lovitta F. FoggoThere have been many whom we have been swamped by. And we believe that it is our responsibility to bring the concerns to you. Will you not engage in dialogue with us regarding the concerns that we are trying to share with you, Mr. Pr emier?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. We have always been open to engaging in dialogue.
The SpeakerThe SpeakerThank you. Is this for a supplementary, Honourable Member?
An Hon. Member An Hon. MemberQuestion.
The SpeakerThe SpeakerHonourable Member, your name is not up here for questions. Yes, carry on, MP Wilson, the Learned Member. SUPPLEMENTARY
Ms. Kim N. WilsonThank you. Supplementary, Mr. Speaker. The Premier just indicated that [persons from] all walks of life have come to the Government e xpressing their concerns. Could he also confirm whether [people from] all walks of life include the West Indian Association? The Speaker: Honourable P remier. Hon. Michael H. Dunkley: …
The SpeakerThe SpeakerThe Chair will now recognise the Honourable Member from constituency 33 for a suppl ementary. SUPPLEMENTARIES
Mr. Jamahl S. SimmonsThe Honourable Premier just said that they have been in contact with members of the Caribbean association. Is the Honourable Pr emier aware that there are members of the Caribbean association calling Minister Fahy a word you cannot use in Parliament (you could outside) of being disho nest about the …
The Honourable Premier just said that they have been in contact with members of the Caribbean association. Is the Honourable Pr emier aware that there are members of the Caribbean association calling Minister Fahy a word you cannot use in Parliament (you could outside) of being disho nest about the conversations? Is the Honourable Pr emier aware of that, Mr. Speaker?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Not of the Caribbean association, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member.
Mr. Jamahl S. SimmonsIs he aware that the Jamaican Association is referring to the conversation that Minister Fahy has led, and the West Indian Associ ation are referring to the Honourable Minister who sits in another place as a person who is not telling the truth, Mr. Speaker?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkl ey: Mr. Speaker, I do not b elieve that is an accurate statement, but the Minister does keep myself and honourable colleagues up to date.
The SpeakerThe SpeakerAh, no, you have had two supplementals already.
Mr. Jamahl S. SimmonsAll right. Bermuda House of Assembly The Speaker: Yes. The Chair will recognise the Honourable Member from constituency 21. Question?
Mr. Rolfe CommissiongMr. Speaker, bearing in mind that the Premier has conceded that the claim that the majority support these measures has not been quantified, does the Premier and/or his Gover nment intend to quantify the support or lack thereof for these measures?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunk ley: Mr. Speaker, as we have always said, we will continue to be in dialogue and to listen to people.
The SpeakerThe SpeakerThank you, Premier. The Chair will now recognise the Honourable Member from constituency 15. Is this your question, Honourable Member?
The SpeakerThe SpeakerHold on a second for me. Okay. Fair enough, Honourable Member. QUESTION 1 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr.
Walter H. RobanThank you, Mr. Speaker. Mr. Speaker, would the Honourable Premier agree, when one reads the sentence in his Statement which states, “immigration is one . . . issue that ignites the passions of many,” would the Premier not agree, by announcing on the day after the by -election, February 5th, …
Thank you, Mr. Speaker. Mr. Speaker, would the Honourable Premier agree, when one reads the sentence in his Statement which states, “immigration is one . . . issue that ignites the passions of many,” would the Premier not agree, by announcing on the day after the by -election, February 5th, the Pathways to Status, having not followed the pledge which they made in their own Throne Speech of November 15 th, they have purposely ignited those passions in the public?
The SpeakerThe SpeakerPremier. Ho n. Michael H. Dunkley: No, Mr. Speaker.
The SpeakerThe SpeakerYes, MP Roban, a supplementary?
The SpeakerThe SpeakerYour second question. Yes, okay, sir. QUESTION 2 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr. Walter H . RobanWould the Premier not agree, by not following a pledge which one [made] in their Throne Speech, they are breaking a promise with the people of Bermuda?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speaker.
Mr. Walter H. RobanAs my original question was about a promise and how he has ignited the passions in the people, which is in this Statement. The Sp eaker: All right. You have another question, Honourable Member?
The SpeakerThe SpeakerI will come to you, MP Brown. Your third question. QUESTION 3 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr. Walter H. RobanWould the Premier not agree that by not having provided an opportunity for the pu blic to consult or deal with the Government prior to this 1430 11 March 2016 Official Hansard Report B ermuda House of Assembly Bill being tabled, as the Government promised it would do when it …
Would the Premier not agree that by not having provided an opportunity for the pu blic to consult or deal with the Government prior to this 1430 11 March 2016 Official Hansard Report B ermuda House of Assembly Bill being tabled, as the Government promised it would do when it comes generally with immigration issues, that they have not kept their commitment to ensure that immigration was handled in a calm and dispassionate manner?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speaker. I think everyone will recall the public meeting that was shut down recently. [ Inaudible inter jection ] [ Gavel] [ Pause] Hon. Michael H. Dunkley: Sorry, Mr. Speaker. I think everyone will recall the public meeting that was shut down recently.
The SpeakerThe SpeakerThank you, Premier. Do you have a supplementary?
The SpeakerThe SpeakerA supplementary. Carry on. SUPPLEMENTARIES
Mr. Walter H. RobanWould the Premier not agree with his Ministers’ calling members of the public “ bullies” as they freely and democratically expressed their displeasure with his policies not becoming of a Mini ster when it came to immigration policy?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, no.
The SpeakerThe SpeakerYou have a supplementary? Yes.
Mr. Walter H. RobanSo the Premier is saying that it is okay for a minister to call the members of the public bullies?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I will turn that question back and ask, Is it okay for Members of Parliament to refer to others as “ cockroaches ”?
The SpeakerThe SpeakerYou have a supplementary? You have a question? The Chair will recognise the Honourable Member from constituency 21 with a question. Yes. QUESTION 1 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr. Rolfe CommissiongMr. Speaker, thank you. Will the Premier not concede that the intrans igence of this Government and their unwillingness to withdraw the Bill is proof positive that this Gover nment, contrary to their assertion, is not governing for the benefit of all Bermudians?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speaker. My Statement makes it very clear that we govern for the benefit of all of Bermuda and Bermudians.
The SpeakerThe SpeakerYes, supplementary, yes? SUPPLEMENTARY
Mr. Diallo V. S. RabainMr. Speaker, would the Pr emier let us know if he plans to speak to the several thousand people who are assembled outside, since he speaks for the majority of Bermudians?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I am always happy to talk and speak to people.
The SpeakerThe SpeakerThe Chair will recognise the Hono urable Member from constituency . . . Just a minute. I am going to give one . . . I notice some reaction by members in the Gallery. Let me just say that if you sit in the Gallery, it is a privilege and …
The Chair will recognise the Hono urable Member from constituency . . . Just a minute. I am going to give one . . . I notice some reaction by members in the Gallery. Let me just say that if you sit in the Gallery, it is a privilege and that there should be no reaction to anything that is said in the House. Otherwise, you will be asked to leave. Now the Chair will recognise the Honourable Member from constituency 17, MP Walton Brown. QUESTION 3 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr. Walton BrownDoes the Premier appreciate that the current position outlined in the Statement, as well as his very terse responses to the questions today, will only lead to further discontent and expression of such discontent?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I do not agree with the approach to that question. I have al-ways tried to be understanding, respectful, and toler-ant at all times, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP Brown, you have a supplementary? Bermuda House of Assembly SUPPLEMENTARIES Mr . Walton Brown: Yes. Will the Pr emier appreciate that dialogue rather than intransigence will lead to a better result for all Bermudians? Th e Speaker: Premier? Ho n. Michael H. Dunkley: Yes, Mr. Speaker, and …
Thank you. MP Brown, you have a supplementary?
Bermuda House of Assembly SUPPLEMENTARIES Mr . Walton Brown: Yes. Will the Pr emier appreciate that dialogue rather than intransigence will lead to a better result for all Bermudians? Th e Speaker: Premier? Ho n. Michael H. Dunkley: Yes, Mr. Speaker, and we remain committed to that. Th e Speaker: Yes, Honourable Member Walton Brown. Mr . Walton Brown: Yes. And given the Premier’s r esponse, will the Premier appreciate that genuine and sincere dialogue can only take place when people step back from brinkmanship positions? Th e Speaker: Premier. Ho n. Michael H. Dunkley: Yes, Mr. Speaker. And we have always been committed to that and remain committed to that.
An
Hon. Member An
Hon. MemberSupplementary, Mr. Speaker. Th e Speaker: You have already had your supplementaries.
An
Hon. Member An
Hon. MemberSupplementary. Th e Speaker: No, you have already had two suppl ementaries, Honourable Member. Yes. The Chair will recognise the Honourable Member from constituency 18. Is this a supplementary? Mr . E. David Burt: Supplementary question, Mr. Speaker. Th e Speaker: Yes, supplementary. SUPPLEMENTARIES Mr . E. David Bu rt: …
Supplementary. Th e Speaker: No, you have already had two suppl ementaries, Honourable Member. Yes. The Chair will recognise the Honourable Member from constituency 18. Is this a supplementary? Mr . E. David Burt: Supplementary question, Mr. Speaker. Th e Speaker: Yes, supplementary. SUPPLEMENTARIES Mr . E. David Bu rt: Mr. Speaker, in the Honourable Premier’s response just now, he says yes in the question about pulling back from brinkmanship. Given that the Honourable Premier just said yes, is he prepared now to inform this House that his Government will withdraw the Immigration and Protection Amendment Act 2016 so that a consultative process can proceed? Th e Speaker: Honourable Premier. Ho n. Michael H. Dunkley: Mr. Speaker, I believe I have already answered that question. Th e Speaker: Yes, the second supplementary . Mr . E. David Burt: Supplementary question, Mr. Speaker. Th e Speaker: Yes. Mr . E. David Burt: Mr. Speaker, the Premier just answered yes in response to pulling back from a brinkmanship position. Therefore, I will pose the question to give the Premier another opportunity. Can the Gov-ernment, can the Honourable Premier state whether or not he will, knowing that brinkmanship will only cause more unrest —if he will pull back and reconsider his Government’s position in regard to the Bermuda Immigration and Protection [Amendment] Act? Th e Speaker: Premier. Ho n. Michael H. Dunkley: Thank you, Mr. Speaker. I have already answered that question. But let me make it very clear. We are not in a brinkmanship pos ition. And we also note the level of threats coming fro m certain Members on the other side through this whole process. Th e Speaker: The Chair will recognise the Leader. You have a supplementary, Honourable Leader? Ho n. Marc A. R. Bean: Yes, supplementary, Mr. Speaker. Thank you. Th e Speaker: Yes. SUPPLEMEN TARY Ho n. Marc A. R. Bean: Would the Honourable Pr emier confirm that the position of his Government is to continue along the Pathway to Status initiative and he will not withdraw this legislation? Th e Speaker: Premier. Ho n. Michael H. Dunkley: Mr. Speaker, I have a lready answered that question. Th e Speaker: Yes, supplementary from MP, the Learned Member from constituency 36. SUPPLEMENTARY Hon. Michael J. Scott: Thank you, Mr. Speaker. Will the Premier confirm that he has received written requests from the main union of this country asking that — Th e Speaker: That is a question, Honourable Member. That is a question. 1432 11 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. Michael J. Scott: No, you did not let me finish, because it is on withdrawing the Bill.
The SpeakerThe SpeakerOh. Okay, well, get to it the n. Hon. Michael J. Scott: From the BIU [Bermuda I ndustrial Union] requesting —this large party requesting that you withdraw Pathways to Status legislation?
The SpeakerThe SpeakerAll right. Thanks. Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I did r eceive a letter from the President of the BIU on, I believe it was Tuesday afternoon. I replied to that letter on Wednesday afternoon, and I have had no reply to my letter since that …
The SpeakerThe SpeakerAll right. Thank you, Honourable Pr emier. The Chair will recognise the Honourable Member, is this your question?
The SpeakerThe SpeakerYes. Carry on, Honourable Member. QUESTION 1 : RESPONSE TO ISLAND -WIDE WITHDRA WAL OF LABOUR CAMPAIGN
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, I would like to go to the Honourable Premier’s Statement where the Honourable Pr emier said, a majority in support of the proposals. I will pose the question to the P remier and hope that he will answer with actual data to …
Thank you very much, Mr. Speaker. Mr. Speaker, I would like to go to the Honourable Premier’s Statement where the Honourable Pr emier said, a majority in support of the proposals. I will pose the question to the P remier and hope that he will answer with actual data to support it. Can the Premier give us what data he is using to state that a majority do support the proposals ?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I have already answered that question earlier.
Mr. E. David BurtMr. Speaker, when asked to r espond to the data that he has to support that position, the Premier said that it was o ur view. If the Premier says it is our view, then he must have data to support his position. So I am going to give the …
Mr. Speaker, when asked to r espond to the data that he has to support that position, the Premier said that it was o ur view. If the Premier says it is our view, then he must have data to support his position. So I am going to give the Honourable Premier another opportunity to tell the people of this country and the persons who are listening on the steps of Parliament, w hat data does he have to su pport the Government’s position that the position of his Government is the majority position of the voters of this country?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I have nothing further to add t o what I have already commented on.
The SpeakerThe SpeakerYes. The Chair will recognise the Honourable Member, MP Burt, for a supplementary.
Mr. E. David BurtMr. Speaker, I will ask the Honourable Premier, how many persons expressing their freedom to assemble and to express disappointment with their Government will it take for the Premier to realise that his position is not supported by a majority of the country?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I support the freedom of expression at all times. [Laughter]
The SpeakerThe SpeakerThank you. You have had your two supplementaries.
The SpeakerThe SpeakerThe Chair is recognising the Honourable Member from constituency 33, MP Simmons. SUPPLEMENT ARIES
Mr. Jamahl S. SimmonsWould the Honourable Premier answer, if the reason he will not provide this Bermuda House of Assembly information because he is counting non- Bermudians as the majority, Mr. Speaker?
The SpeakerThe SpeakerPremier? Hon. Michael H. Dunkley: No, Mr. Speaker, that is not correct.
Mr. Jamahl S. SimmonsMr. Speaker, the Premier needs to answer Parliament and the people, why is he refusing to answer legitimate questions on why they believe there i s a majority of people who support this measure? Thank you, Mr. Speaker.
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I will co ntinue to answer all of the questions that are given to me. And I do not consider that question to be som ething that I will expand on anymore, other than to say that this Government is always open and …
Premier.
Hon. Michael H. Dunkley: Mr. Speaker, I will co ntinue to answer all of the questions that are given to me. And I do not consider that question to be som ething that I will expand on anymore, other than to say that this Government is always open and willing to listen and communicate. I think Honourable Members need to be aware that on issues of importance like this, people are always going to have strong positions on both sides. And we are always willing to listen to those positions.
The SpeakerThe SpeakerThank you. The Chair will now recognise the Honourable Member from constituency 21. Your second question or supplementary?
Mr. Rolfe CommissiongMr. Speaker, will the Pr emier then concede that the glowing numbers dissem inated by his Cabinet Ministers, the Attorney General most principally, and one or two others, in the Royal Gazette, which cited glowing levels of support, giving actual numbers, had no basis in fact then?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speaker.
The SpeakerThe SpeakerSupplementary? Hon. Dennis P. Lister: Supplementary, yes, Mr. Speaker.
The SpeakerThe SpeakerThe C hair will recognise the Honourable Member from constituency 35. MP Lister, you have the floor. SUPPLEMENTARIES Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Premier, in most of your responses this morning, you refer to the fact that you are listening, you are hearing what the people …
The C hair will recognise the Honourable Member from constituency 35. MP Lister, you have the floor. SUPPLEMENTARIES
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Premier, in most of your responses this morning, you refer to the fact that you are listening, you are hearing what the people are saying. My question is, Mr. Premier, at what point do your actions speak to what the people are saying to you, or calling on you to do? Or are you just going to keep listening without any action as a response to what they are r equesting of you?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, the challenge with that question is, Members on that side do not agree with this Government’s approach. And I am fine with that, Mr. Speaker. But we were elected to lead, and that is what we will do for the best interests of …
The SpeakerThe SpeakerThank you. Yes, MP Lister. Hon. Dennis P. Lister: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Dennis P. Lister: The question was not in r egard to the approach f rom persons on this side of the House. The question was in response to persons outside of this House, the public who voted us into this House, who in very large numbers are taking …
Yes. Hon. Dennis P. Lister: The question was not in r egard to the approach f rom persons on this side of the House. The question was in response to persons outside of this House, the public who voted us into this House, who in very large numbers are taking actions to speak against the position that your Government is taking.
The S peaker: Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I will reiterate that we certainly have no problem at any time with people expressing their concerns about issues. And we will continue to foster and d evelop an environment where people ca n do that. That means on these issues that people are going to agree and disagree from time to time. It is our job as a government to make those difficult decisions as we turn around the economy that is in bad shape. And it was in worse shape in 2012.
The SpeakerThe SpeakerThank you. The Chair will recognise the Learned Member from constituency 36. SUPPLEMENTARY 1434 11 March 2016 Official Hansard Report Bermuda House of Assembly Hon. Michael J. Scott: To the Premier: Mr. Premier, are you prepared to accept that this escalating situ ation will not be good for the economy, …
Thank you. The Chair will recognise the Learned Member from constituency 36.
SUPPLEMENTARY
1434 11 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. Michael J. Scott: To the Premier: Mr. Premier, are you prepared to accept that this escalating situ ation will not be good for the economy, as I look at the Minister for the Economy, Dr. Gibbons? It will not be good for tourism, as I look to the Tourism Minister, who is not in the House? Do you accept that this continued escalation will not be good? And would a r esponsible government —would a responsible gover nment continue to dig in in this way?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: I think we can all accept, as I said in my Statement, that it will harm the people of Bermuda. But, Mr. Speaker, responsibility is a two-edged instrument. And I think that the Members of the Opposition need to focus in very clearly that that …
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 16. SUPPLEMENTARIES
Mr. Michael A. WeeksThank you, Mr. Speaker. So, is the Premier willing to concede that when he goes out on the steps and sees the growing number of people who are trying to voice their concern, are you willing to tell them that their opinion does not matter?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, that question I do not support in any way. Everyone’s opinion mat-ters, Mr. Speaker. But it does not mean we are going to agree all the time. And if life was a bed of roses, then we would be smelling them every day …
Premier. Hon. Michael H. Dunkley: Mr. Speaker, that question I do not support in any way. Everyone’s opinion mat-ters, Mr. Speaker. But it does not mean we are going to agree all the time. And if life was a bed of roses, then we would be smelling them every day of t he week and year, and that is not the case, Mr. Speaker. Let me reiterate. Let me reiterate that this country faces many challenges. And leadership r equires tough decisions that are going to please some people and make some people unhappy. We are not in this position on this side of the House to try to make everybody happy, because if we do that, we will continue to be broke and will continue to have way too many people unemployed without opportunity in their homeland. And that is not acceptable.
The Spe aker: Thank you, Honourable Premier. The Chair will recognise again—another supplementary? MP Weeks, yes.
Mr. Michael A. WeeksYes, Mr. Speaker. Mr. Speaker, well, actually, Mr. Premier, I understand that everybody’s opinion matters. In this situation which is of such importance, would it not be better to have a collaborative effort from all walks of life, from different sectors of our society, so that we could comprehensively look …
Yes, Mr. Speaker. Mr. Speaker, well, actually, Mr. Premier, I understand that everybody’s opinion matters. In this situation which is of such importance, would it not be better to have a collaborative effort from all walks of life, from different sectors of our society, so that we could comprehensively look at immigration that is g oing forth for our children and our grandchildren?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Yes, Mr. Speaker, that is what we have done. That is what we will continue to do. But I will draw back to the public meeting we had which was shut down.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 29. Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY Hon. Zane J. S. De Silva: Yes. Mr. Premier, you said that your decision was based on being swamped by the people who su pport this legislation. We are all aware in this House, right here as we sit, that there are hundreds of people outside who …
Some Hon. Members Some Hon. MembersThousands! Hon. Zane J. S. De Silva: Thousands who disagree with you. Why do you think those whom you have been swamped with who support this legislation are not out there as well if that is the case?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, that is a question that the Honourable Member should probably answer himself. People have diff erent ways of expressing themselves. And I would be surprised if pe ople who supported the legislation would be out there at this time, because they are going …
Premier.
Hon. Michael H. Dunkley: Mr. Speaker, that is a question that the Honourable Member should probably answer himself. People have diff erent ways of expressing themselves. And I would be surprised if pe ople who supported the legislation would be out there at this time, because they are going about doing what they have to do, because they have no reason to come up here and express any opin ion.
The SpeakerThe SpeakerThank you, Honourable Premier. The Chair will recognise the Honourable Member from constituency 3, MP Foggo. SUPPLEMENTARY
Ms. Lovitta F. FoggoSince we serve at the will of the people, and the will of all people, and that a large majority of the people are not in accord with the pending legislation regarding immigration, will the Premier, in being a responsive Government, desist from their own motion on this legislation and …
Since we serve at the will of the people, and the will of all people, and that a large majority of the people are not in accord with the pending legislation regarding immigration, will the Premier, in being a responsive Government, desist from their own motion on this legislation and listen to those who may have very cogent reasons why we shou ld not go forward at this point in time? Will the Premier at least
Bermuda House of Assembly give them that opportunity, since the Government of today was not voted [in] on that mandate?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, that question is basically a repetition of other questions, and I have already answered that.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member Burt, from constituency 18. Yes, you have another question?
The SpeakerThe SpeakerYes. QUESTION 2 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr. E. David BurtMr. Speaker, in the Honourable Premier’s Statement, the Honourable Premier said that immigration is an issue that ignites the passions. The question that I have to him is, Will the Premier take this opportunity right now to denounce and di savow those of his supporters who have taken to the …
Mr. Speaker, in the Honourable Premier’s Statement, the Honourable Premier said that immigration is an issue that ignites the passions. The question that I have to him is, Will the Premier take this opportunity right now to denounce and di savow those of his supporters who have taken to the Internet and to the blogs making demeaning, racist, and I would call unacceptable comments towards Bermudians?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, yes. I do not support comments from anywhere or anybody that are based on a foundation of hatred and disrespect. I was standing with an honourable colleague on Wednesday at the lunch break, and I overheard th at honourable colleague being slandered by …
Premier. Hon. Michael H. Dunkley: Mr. Speaker, yes. I do not support comments from anywhere or anybody that are based on a foundation of hatred and disrespect. I was standing with an honourable colleague on Wednesday at the lunch break, and I overheard th at honourable colleague being slandered by somebody who walked by. So it is a two -way street. And, Mr. Speaker, I think all 36 of us are (I do not want to draw you into it) —all 35 of us in this place can lock in hands and say that, as we deal with these difficult issues, let us be respectful. There is no place to tear our brothers and sisters down. So, yes, I support you 100 per cent.
The SpeakerThe SpeakerYes. The Chair will recognise the Honourable Member from constituency 36, the Learned Member Michael Scott. SUPPLEMENTARY Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Premier, is it being responsible as the Leader of the Government of this day, is it being r esponsible to pursue a path that …
Yes. The Chair will recognise the Honourable Member from constituency 36, the Learned Member Michael Scott.
SUPPLEMENTARY
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Premier, is it being responsible as the Leader of the Government of this day, is it being r esponsible to pursue a path that has unpredictable, possibly unintended consequences for the entir e country? Is it responsible?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I do not agree with the foundation of that question, because in the position that we and Bermuda find ourselves in, the decisions we make are always very difficult. And the road ahead is always very uncertain because we live in an fast …
Premier.
Hon. Michael H. Dunkley: Mr. Speaker, I do not agree with the foundation of that question, because in the position that we and Bermuda find ourselves in, the decisions we make are always very difficult. And the road ahead is always very uncertain because we live in an fast -paced ever -changing world, and we need to do what we can to improve the lives of all Bermudians.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 33. MP Simmons, you have the floor. SUPPLEMENTARY
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. Mr. Speaker, with the Premier’s condemnation of racist statements, would he object to the outing of OBA/UBP operatives who have been paid in the past to post online, attacking black Bermudians?
The SpeakerThe SpeakerPremier. [Crosstalk ] Hon. Michael H. Dunkley: Mr. Speaker, that question is inappropriate, and I am not sure of the foundation of why that Honourable Member counts that. I have made it very clear —
The SpeakerThe SpeakerJust hold on a second for me. Honourable Sergeant -at-Arms, will you please be aware? The Sergeant -at-Arms: Yes, sir.
The SpeakerThe SpeakerCarry on. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I made it very clear in my answer to the Honourable Member from constituency 18 just a few m oments ago that this Government does not support the approach where people pull other people down. And we will work with …
Carry on. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I made it very clear in my answer to the Honourable Member from constituency 18 just a few m oments ago that this Government does not support the approach where people pull other people down. And we will work with the Opposition doing all we can. And I will make this comment right here. I will make this comment right here, Mr. Speaker, that those who want to take that approach, cease and desist! You have nothing to add to a debate if you cannot conduct it in an appropriate, factual way.
The SpeakerThe SpeakerThank you, Premier. The Chair will now recognise MP Burt. Is this your third question? 1436 11 March 2016 Official Hansard Report Bermuda House of Assembly Mr. E. David Burt: No, Mr. Speaker. It is a suppl ementary.
The SpeakerThe SpeakerIt is a supplementary? SUPPLEMENTARY
Mr. E. David BurtYes, absolutely, Mr. Speaker. Mr. Speaker, in the response that the Honourable Premier just gave, he just said that we would hope that people would refrain from statements that would pull other people down. Then I will ask, why would the Honourable Premier feel that it is appropr iate for …
Yes, absolutely, Mr. Speaker. Mr. Speaker, in the response that the Honourable Premier just gave, he just said that we would hope that people would refrain from statements that would pull other people down. Then I will ask, why would the Honourable Premier feel that it is appropr iate for his office to issue a statement causing the organisers of what is a mass demonstration, a wit hdrawal of labour , a vague organisation? Does he not believe that is pulling people down?
The SpeakerThe SpeakerThank you. Premier. Hon. Michael H. Dunkley: No, Mr. Speaker.
The SpeakerThe SpeakerYes. The Chair will recognise MP Si mmons. SUPPLEMENTARY
Mr. Jamahl S. SimmonsThe Honourable Premier did not answer my question. Would the Premier support the outing of OBA Members who are posting ra cist comments online anonymously, Mr. Speaker?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: I support the outing of anyone who does that type of thing. Because no one in this House supports that type of approach.
The SpeakerThe SpeakerJust a minute. I see a lady standing. Honourable . . . [Sergeant -at-Arms]. Yes, there is a lady sitting in the front row there. Will you please ask her to leave the House? The lady who is blonde. She is blonde. [Pause while the Sergeant -at-Arms removed a stranger …
The SpeakerThe SpeakerYes. Carry on, please, with the answer to MP Simmons’s question. Did you answer that question? You did, yes. All right. Would any other Honourable Member care to speak? You have a supplementary? Hon. Zane J. S. De Silva: Second question.
The SpeakerThe SpeakerOh, your question. All right. Just one second. [Pause]
The SpeakerThe SpeakerMP De Silva. Okay, MP De Silva. QUESTION 2 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Premier, on the first page of your Stat ement, second paragraph, you state, No one has di sputed the need for …
MP De Silva. Okay, MP De Silva.
QUESTION 2 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Premier, on the first page of your Stat ement, second paragraph, you state, No one has di sputed the need for comprehensive immigration reform. Mr. Premier, in light of the growing, overwhelming concern by the People’s Campaign, the unions, call in shows, concerned people who are outside of this House today, the lady and her friends who have camped outside on these grounds for the past three or four nights . . . Mr. Premier, for the sake of our people and our country, do you not think it is time to reconsider your position and agree to a joint committee between the OBA and the PLP to come up with solutions to this very, very crucial problem that we have in Ber-muda?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I believe I have already answered that question. But I am happy to reiterate that we are always willing to listen and consult with people. And I think Minister Fahy made that clear yesterday.
The SpeakerThe SpeakerThank you, Premier. Yes, the Chair will recognise MP Weeks. Yes. SUPPLEMENTARY
Mr. Michael A. WeeksThank you, Mr. Speaker. Mr. Premier, if you take a rethink on withdrawing the Bill, it would not [make] you or the Government [appear] weak, per se. But it will go a long way in keeping to the promises you made of being collaborativ e and listening to the will …
Thank you, Mr. Speaker. Mr. Premier, if you take a rethink on withdrawing the Bill, it would not [make] you or the Government [appear] weak, per se. But it will go a long way in keeping to the promises you made of being collaborativ e and listening to the will of the people. Because all those people out on the steps must be listened to, because they are the backbone of our country, Mr. Speaker. Thank you. So the question is —
Hon. Michael H. Dunkley: Yes, I was waiting for that. [Laughter]
Bermuda House of Assembly Mr. Michael A. Weeks: So would the Premier consider at least listening to the will of the people, based on the promises you gave coming into office?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Another repetition. And yes, we will continue to listen.
The SpeakerThe SpeakerThank you, Premier. The Chair will now recognise MP Burt. SUPPLEMENTARY
Mr. E. David BurtThis is my second supplementary on my second question, Mr. Speaker.
Mr. E. David BurtThank you very much, Mr. Speaker. In the early response, the Honourable Premier said that he has no problem with people expressing their opinion. Can the Honourable Premier please give us the justification between making that statement and then branding the actions of those people who were expressing their rights …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I am not sure which rights under the Constitution the Honourable Member believes I need to clarify. The Sp eaker: Thank you. Yes, you have had your two. Do you have question three?
Mr. E. David BurtBecause if the Honourable Pr emier of this country is not aware of s ection 10 of our own Constitution, then we clearly have an issue. Mr. Speaker, I will go on to question number three.
The SpeakerThe SpeakerYes. QUESTION 3 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Mr. E. David BurtQuestion number three is, going again back to the majority do support the proposals, I will ask the Honourable Premier this: Given the fact that governments must govern based on the mandates of the people whom they govern, can the Honourable Premier please state, based on what expression of consent …
Question number three is, going again back to the majority do support the proposals, I will ask the Honourable Premier this: Given the fact that governments must govern based on the mandates of the people whom they govern, can the Honourable Premier please state, based on what expression of consent from the people or the electorate of this country does he feel that his Government has a mandate to enact Pathways to Status?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I will repeat again for Honourable Members who need som e more clarity. Governments are elected to lead. During the course of the time in office between any elections, there are many very difficult decisions to make. And the Government is required to …
Premier.
Hon. Michael H. Dunkley: Mr. Speaker, I will repeat again for Honourable Members who need som e more clarity. Governments are elected to lead. During the course of the time in office between any elections, there are many very difficult decisions to make. And the Government is required to make them. And that is what we will do to go forward.
The Sp eaker: Thank you, Honourable Member. Yes, you have a supplementary, Honourable Member?
Ms. Kim N. WilsonCan the Honourable Premier confirm to us and the listening audience that the mandate of the Government is (quote) “that it is how we will continue mov ing this Government forward,” as it is stated on page 3 but then wiped out and inked out in ink. I will ask …
Can the Honourable Premier confirm to us and the listening audience that the mandate of the Government is (quote) “that it is how we will continue mov ing this Government forward,” as it is stated on page 3 but then wiped out and inked out in ink. I will ask the question more clearly: That the mandate of this Government is to continue moving this Government forward?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speak er. Moving this country forward.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY
Mr. E. David BurtMr. Speaker, the Honourable Premier said that he gave a response, talki ng about 1438 11 March 2016 Official Hansard Report Bermuda House of Assembly over the course of the election, over the course of the Government’s term in office. I ask a very specific question: What does this Government …
Mr. Speaker, the Honourable Premier said that he gave a response, talki ng about 1438 11 March 2016 Official Hansard Report
Bermuda House of Assembly over the course of the election, over the course of the Government’s term in office. I ask a very specific question: What does this Government feel gave his Government the mandate to enact Pathways to Status? A mandate comes from the people of thi s country. The Honourable Premier, never . . . his Government disavowed granting of status before the election. The question that I have is, What mandate is he claiming now to enact this Bill?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I have already answered that question.
The SpeakerThe SpeakerThank you. The Chair will recognise the Leader of the Opposition. Hon. Marc A. R. Bean: Thank you, Mr. Speaker.
The SpeakerThe SpeakerIs this a question or a supplementary? Hon. Marc A . R. Bean: This is, I believe, my second question, Mr. Speaker.
The SpeakerThe SpeakerLet us see. Just a minute, Member. Hon. Marc A. R. Bean: Because I led off.
The SpeakerThe SpeakerYes. That is true. It is your second question. QUESTION 2 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, will the Honourable Premier confirm, as a result of their entrenched position regarding Pathways to Status, and [since] there …
Yes. That is true. It is your second question.
QUESTION 2 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, will the Honourable Premier confirm, as a result of their entrenched position regarding Pathways to Status, and [since] there is the fact that the One Bermuda Alliance Government has not received a mandate from the people of this country to pursue this path, is the Premier now prepared to accept the consequences of the Government’s position whereas the people now will require by force a man-date via the ballot box and the general election?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: No, Mr. Speaker. The election will be called at the appropriate time. Hon. Marc A. R. Bean: Oh, yes, it will.
The SpeakerThe SpeakerAll right. All right. Thank you. Do you have a supplementary ?
The SpeakerThe SpeakerHonourable Member. QUESTION 1 : RESPONSE TO ISLAND -WIDE WITHDRAWAL OF LABOUR CAMPAIGN
Ms. Kim N. WilsonThank you, Mr. Speaker. Question: Mr. Speaker, could the Honourable Premier answer the following questions insofar as, would he agree that some of the inequities that continue to exist in our society relate to issues of immigr ation and race?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I am not sure exactl y what the Honourable Member is looking at. But there are obviously challenges within Immigration that we have talked about here. And I believe there is a motion on the agenda to discuss one of those i ssues …
Ms. Kim N. WilsonPerhaps I can reword the question so that I can have an answer. In the Statement, and I quote, “No one has disputed the need to a ddress the inequit ies that continue to exist in our soc iety [today].” These are the words of the Honourable Premier. I would …
Perhaps I can reword the question so that I can have an answer. In the Statement, and I quote, “No one has disputed the need to a ddress the inequit ies that continue to exist in our soc iety [today].” These are the words of the Honourable Premier. I would ask him to confirm, what are the i nequities that exist in our society to which the Honourable Premier and the Government are referring to?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I will answer that question again, and I will give another example in regards to the motion that the Honourable Member brought to this House and my honourable colleague, the Junior Minister, amended last week about the i nequities that women face in …
The SpeakerThe SpeakerThank you. Thank you, Premier. The Chair will now recognise the Member from constituency 18, MP Burt.
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, I have a suppl ementary to the Honourable Opposition Leader’s second question.
The SpeakerThe SpeakerYes. Yes. Bermuda House of Assembly SUPPLEMENTARY
Mr. E. David BurtMy supplementary is to the Ho nourable Premier: What will it take for the Honourable Premier and his Government to reconsider their pos ition, which has caused unprecedented unrest inside of this country, a withdrawal of labour that we have not seen for 35 years? What will it take for …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkl ey: Mr. Speaker, Honourable Members on that side like to amplify their comments. And I do not support those comments. I will repeat what I have said a number of times during the question period. We will continue to listen to people. We will continue …
Premier. Hon. Michael H. Dunkl ey: Mr. Speaker, Honourable Members on that side like to amplify their comments. And I do not support those comments. I will repeat what I have said a number of times during the question period. We will continue to listen to people. We will continue to tak e on board their concerns. But we must make decisions to move this country forward. And we believe this is the right approach. And the escalation of the tensions that people might feel and the emotions they might have? It is up to all of us in the communi ty to make sure that we li sten and we also work to make sure that they do not amplify it in any way. Because, Mr. Speaker, it does not do the country or the people any good to go to that point. And the Opposition need to support that approach of responsibi lity going forward.
The SpeakerThe SpeakerThank you, Premier. Yes, the Chair will recognise the Honourable Member from constituency 35. SUPPLEMENTARY Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Premier, in light of your comments, can you confirm then that it is your intent, your Gover nment’s intent, to proceed with debating this issue on …
The SpeakerThe SpeakerHonourable Premier. Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerSecond supplementary. SUPPLEMENTARY
Mr. E. David BurtThank you, Mr. Speaker. Mr. Speaker, I would like to make it abundantly clear, in case the Honourable Premier is [con-cerned] for whatever reason, that nobody on this side of the House would like to see any type of violence or escalation of unrest. However, the actions of the Pr …
Thank you, Mr. Speaker. Mr. Speaker, I would like to make it abundantly clear, in case the Honourable Premier is [con-cerned] for whatever reason, that nobody on this side of the House would like to see any type of violence or escalation of unrest. However, the actions of the Pr emier’s Government are what is leading to this conti nued escalation.
[Inaudible interjection]
Mr. E. David BurtTherefore, I will ask the Premier, given that he has already admitted that his Gover nment does not have the mandate of the people for this particular action, if he will consider seeking that man-date from the people if he is certain the majority of the people of this country …
The SpeakerThe SpeakerThank you, Honourable Member. Hon. Michael H. Dunkley: Mr. Speaker, I disagree with the substance to that question. So there is no answer to give.
The SpeakerThe SpeakerThank you, Honourable Premier. Honourable Members, that brings us to the close of question peri od. Our time is up. Thank you, Honourable Members. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerThe Chair will recognise the Honourable Dr. Gibbons, the Minister of Economic Development. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and good morning.
The SpeakerThe SpeakerGood morning. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, a number of Members of this House, including the Premier, some of my colleagues and certainly a numbers of the Opposition had the pleasure of attending the opening ceremony yesterday of the 130th session of the Bermuda Annual Conference for …
Good morning.
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, a number of Members of this House, including the Premier, some of my colleagues and certainly a numbers of the Opposition had the pleasure of attending the opening ceremony yesterday of the 130th session of the Bermuda Annual Conference for the African Methodist Episcopal Church. And probably all Members would like to send congratulations to the Bishop, Bishop I ngram, and all those who are providing leadership at this po int in the 130 th session. I would ask that the House do so. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the . . . are you standing up, MP?
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member Jeff Sousa. 1440 11 March 2016 Official Hansard Report Bermuda House of Assembly Mr. Jeff Sousa: Good morning, Mr. Speaker, colleagues and those in the listening audience. This morning I rise to congratulate my neighbour, Rees Fletcher, on his retirement from ACE. Actually, …
The Chair will recognise the Honourable Member Jeff Sousa.
1440 11 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Jeff Sousa: Good morning, Mr. Speaker, colleagues and those in the listening audience. This morning I rise to congratulate my neighbour, Rees Fletcher, on his retirement from ACE. Actually, he has been the Chairman of Chubb Bermuda recently, and he will be retiring at the end of this month. Rees Fletcher started his career, or I should say his employment, at ACE 27 years ago and actually was the 21st employee at that company. And along the way, he has encouraged and assisted many Bermudians to work with this organisation, this bus iness, which has done very well in Bermuda and has benefited many Bermudians. So I want to wish him much success in the future. I would like to associate MP Cole Simons and MP . . . actually, I would like to associate the entire House on this side. I would like to associate the entire team on this side because there is no one on the other side in their seats. So, Mr. Speaker, I wish him well in his retirement and would like to thank him for the service that he has done to international business in Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 2, Nandi Outerbridge.
Ms. Nandi O uterbridgeThank you, Mr. Speaker. Mr. Speaker, I rise just to send congratul ations to the graduates from the Dare2Be programme. This was a programme that was formerly known as the Community Driven Development Programme that started under the One Bermuda Alliance Government. And I would like to associate both the …
Thank you, Mr. Speaker. Mr. Speaker, I rise just to send congratul ations to the graduates from the Dare2Be programme. This was a programme that was formerly known as the Community Driven Development Programme that started under the One Bermuda Alliance Government. And I would like to associate both the Minister of Education and the Minister of Community, Culture and Sports because they were both present —well, the Minister of Community, Culture and Sports was pr esent for the graduation. These y oung women actually went through this cycle and went through job proc-esses, learning how to apply for jobs. I was lucky enough to meet with most of them throughout the year and talk with them. And they were in great spirits. So at this time, I just want to send them congratulations on completing that programme this year.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 4. MP Roberts -Holshouser, you have the floor.
Mrs. Suzann Roberts -Holshous erThank you, Mr. Speaker, and good morning.
Mrs. Suzann Roberts -HolshouserI would like for the House to recognise the achievements of two di fferent individuals. One of them is Meagan Teixiera, and the other one is Kidist “P inky” Emery. Pinky E m-ery happens to be the owner of Salon Pink, and I would like to associate . . . …
I would like for the House to recognise the achievements of two di fferent individuals. One of them is Meagan Teixiera, and the other one is Kidist “P inky” Emery. Pinky E m-ery happens to be the owner of Salon Pink, and I would like to associate . . . I think this side of the Government would like to recognise Salon Pink and their achievements. But, Mr. Speaker, the reason I have stood to my feet today is to recognise Megan. Megan graduated from Mount Saint Agnes a few years ago. And during the process, or prior to her graduation, she did an apprenticeship at Salon Pink. Salon Pink is r enowned in Bermuda for taking on young women and young men as apprentic es to help them in their endeavours to help beautify the women and men of Bermuda. Now, Mr. Speaker, after Salon Pink’s management assisted Megan in achieving the application for the government bursary, which helped to pay for her UK experience and her tr aining, Megan, after a year in London, which was after, of course, graduating from Mount Saint Agnes (then doing a year in Lo ndon), has finally returned back to Bermuda. And, Mr. Speaker, that says a lot for our young people. And it is up to the whole comm unity to come out and continue to support each other in our own personal endeavours. And for that, Mr. Speaker, we recognise both Salon Pink and, of course, young Bermudians who come back to show their talents and to help us. Thank you, Mr. Speaker.
The S peaker: All right. Thank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable and Learned Attorney General.
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I rise to give congratulations to the Vasco Da Gama Club. Vasco Da Gama took the initiative to i nvite the Government to an information session last night on Pathways to Status. It was attended by m yself; the Minister of Home Affairs, Michael Fahy; and the Junior Minister, Sylvan Richards. And we gave a presentation there on Pathways to Status to a packed crowd at the Vasco Da Gama Club, I would estimate between 150 and 200 people in the club last night. It was very sad that the club saw the necessity to have some sort of police protection for a public meeting in Bermuda, that the encouragement by people in the community, including Members of the O pposition, to civil disobedience has put people in fear of their safety and their lives to the point that we had to have police there. But nevertheless, the club were brave enough to have that meeting. And it was a very informative session. The large majority of people there were of Portuguese descent, Portuguese nationals. But there was also a sprinkling in there of people of English descent. There we re some people, I believe, of Indian descent, some West Indians there as well. There were also Filipinos there. It was a very interes tBermuda House of Assembly ing cross -section. And we not only gave a present ation, but we also took questions. And we also heard heart -wrenching stor ies of children who are now adults who were born here, raised their whole life in Bermuda, know no other place, and are really at their wits’ end. And I had to relate to the people there that when I have spoken to people, whether they be Members of the Opposition, whether it be leaders of the unions, you know, when I put the question to them, Do you accept the human rights of people who have lived here for 20 years —
The SpeakerThe SpeakerHonourable Member, we are not here for speeches. Hon. Trevor G. Moniz: I understand that, but no one has ever disagreed with that. I have always received full support from, whether they are Members of the Opposition, whether they are union leaders, for these people’s rights. And to have to …
Honourable Member, we are not here for speeches.
Hon. Trevor G. Moniz: I understand that, but no one has ever disagreed with that. I have always received full support from, whether they are Members of the Opposition, whether they are union leaders, for these people’s rights. And to have to go and hear these heart -wrenching stories and to have people in fear of their lives to even have a public meeting is a sad, sad day for Bermuda. And I say that to congratulate the Vasco Da Gama Club for putting on that meeting. It was adjourned once, sadly, but we had the meeting last night. It wa s well attended. And I encouraged them, and I encourage other groups to have that same courage and not to continue to be fearful as, unfortunately, some groups have been. Thank you,
Mr. Speaker.
The SpeakerThank you, thank you, Attorney General. The Chair will now recognise the Honourable Member from constituency 14, MP Glen Smith.
Mr. Glen SmithThank you, and good morning, Mr. Speaker and the listening audience. I rise today to send congratulations to the A rtemis team. Last week Friday, I believe i t was, they had their official opening of their new facility in Morgan’s Point. And when the Honourable Minister from Economic Development …
Thank you, and good morning, Mr. Speaker and the listening audience. I rise today to send congratulations to the A rtemis team. Last week Friday, I believe i t was, they had their official opening of their new facility in Morgan’s Point. And when the Honourable Minister from Economic Development first announced that the America’s Cup would be coming to Bermuda, he laid out the various different venues that woul d be built, particularly the one that went up first in Dockyard for Oracle. But truly, here is an entity that is putting bricks and mortar in Bermuda. They have literally built a f acility, hired numerous Bermudians, rented numerous homes, and have brought their families to Bermuda. So, I rise to congratulate them. I also would like to associate the Minister of Economic Development and the Premier on this great cause. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? That concludes 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 OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS
The SpeakerThe SpeakerThere are no Bills. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerThank you, Madam Clerk. The Chair will recognise the Honourable Mi nister of Finance. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I move that the House do now resume the Committee of Supply to consider the E stimates for 2016/17.
The SpeakerThe SpeakerThank you. Are there any objections to that? There are none, so I would like to ask that the MP Dennis Lister please take the Chair [of Commi ttee]. House in Committee at 11:14 am [Hon. Dennis P. Lister, Chairman] COMMITTEE OF SUPPLY ESTIMATES OF REVENUE AND EXPENDITURES FOR THE …
The ChairmanChairmanGood morning, Members. We are now in the Committee of Supply. For our listening audience, the heads to be debated this morning are Heads 83, 6, 7, 13, 25, 45, and 88, and they fall under the Ministry of National Security Headquarters, D efence, Police. Post O ffice, Department of …
Good morning, Members. We are now in the Committee of Supply. For our listening audience, the heads to be debated this morning are Heads 83, 6, 7, 13, 25, 45, and 88, and they fall under the Ministry of National Security Headquarters, D efence, Police. Post O ffice, Department of Corrections, Fire Services, and National Drug Control. 1442 11 March 2016 Official Hansard Report
Bermuda House of Assembly The Premier will lead off on these debates. Premier, you have the floor.
Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Mr. Chairman, as you said, I am pleased to move the rel evant heads here, 83, 6, 7, 13, 25, 45 and 88. Mr. Chairman, since there is no one in the Opposition, maybe I should just move them and we can move on to Tourism and Transport. since no one wants to hear this debate. Mr. Chairman?
[Pause]
HEAD 83 —MINIST RY OF NATIONAL SECURITY HEADQUARTERS
Hon. Michael H. Dunkley: But I will continue on. Ministry of National Security. Honourable Members, I am pleased to present the current accounts for the Ministry of National Security Headquarters, Head 83, which can b e found starting on page B - 62 and finishing on page B -64 of the Estimates and Revenue book. Mr. Chairman, the mission of the Ministry of National Security Headquarters is to protect and e nhance the welfare of our community effectively, eff iciently, and eq uitably. The Ministry’s departmental objectives are to direct policy implementation and to oversee programme management and departmental operations within the Ministry. These include, but are not limited to, providing leadership, oversight, and c oordination of the Department of National Drug Control, the Department of Corrections, HM Customs, the Bermuda Post Office, and the Bermuda Fire and Rescue Service. Mr. Chairman, the Ministry also facilitates d elivery of the policing strategy of the Bermuda Police Service and promotes the role of the Bermuda Regiment. The Parole Board, the Treatment of Offenders Board, and the Police Complaints Authority also fall under the Ministry of National Security Headquarters’ remit. The Ministry of National Security Headquar ters budget allocation is $1,297,000 for 2016/17 and represents a decrease of $63,000, or 5 per cent over the 2015/16 budget allocation. This decrease meets the mandated current account reduction set by the Ministry of Finance. Mr. Chairman, the Ministry of National Sec urity Headquarters has seven full -time staff members. Salary costs of $735,000 have remain fixed throughout the preceding two fiscal years. Board and commission fees included in professional services have decreased from $460,000 to $452,000, or 2 per cent. Mr. Chairman, the following items should be noted in this fiscal year: Local training remains at $1,000. Travel is reduced from $51,000 to $36,000. Advertising and Promotion is reduced from $50,000 to $29,000. Communications is reduced fr om $11,000 to $9,000. Materials and supplies is reduced from $29,000 to $17,000. During Fiscal Year 2015/16, the Ministry of National Security Headquarters has led the following policy initiatives: • Amendments to the Defence Act 1965 and the Junior Leaders Act; • Consultative phase of the Fire Safety Act, which was recently passed in these Chambers; • Development of the policy surrounding the Regiment’s assumption of the inshore mar itime patrolling role; • The extension of the GREAT programme i nstruction to additional uniformed services; • The management of the electronic monitoring device contract; • Coordination of the Cash Back for Communities grant initiative providing proceeds of crime from the confiscated assets fund to go into community organisations.
Mr. Chairman, in the coming fiscal year, one of the Ministry’s principal projects will be to develop an RFP for the provision of joined- up radio service for all uniformed services. This significant project will allow services to communicate more effectively, usi ng un iform equipment, and realise economies of scale in maintenance and supply. Additionally, a platform will be created that can be extended to other areas within Government, including Parks and divisions of the Mi nistry of Public Works. Honourable Member s will recall this Gover nment’s undertaking to post a senior police officer within the Ministry Headquarters to be Bermuda’s national disaster coordinator and major event plan-ner/advisor. Inspector Stephen Cosham is the officer, and he is fully engaged in the development of and revisions to Bermuda’s plans for natural and manmade disasters. Already, Mr. Chairman, he is working with the organisers of the Bermuda Heroes Weekend to ensure that event is safely delivered for the enjo yment of all people. That c ompletes the presentation of Head 83.
HEAD 6 —DEFENCE
Hon. Michael H. Dunkley: I turn now to Head 6, D efence. Mr. Chairman, Head 6 comprises the Royal Bermuda Regiment. The Royal Bermuda Regiment — this is the first time we have managed to say that in this Budget Debate, Mr. Chairman. That can be found starting on page B -265. The Regiment’s role is to pr ovide operational capacity to support the civil authority. It performs a number of critical functions including natural and man- made disaster relief, internal sec urity, state ceremonial activity, routine and specialist support to the Bermuda Police Service, military trai nBermuda House of Assembly ing, social cohesion, and youth development. The primary legislation affecting the departments are the Defence Act 1965 (most recently amende d in 2015); the Royal Bermuda Regiment Governor’s Orders 2015; His Excellency’s Directive to the Commanding Officer, dated July 2009; the Bermuda Volunteer (R eserve Force) Act 1939; and the Royal Bermuda Regiment Junior Leaders Act 2015. Under the authorit y of the Defence Act, Mr. Chairman, the Royal Bermuda Regiment’s mandate is to be the military force maintaining the necessary standards of manpower, training, and equipment to enable it to perform its assigned roles efficiently and effectively. The Regiment is continuously training to remain at a state of readiness in order to accomplish its important missions and tasks. Mr. Chairman, the mission and roles of the Regiment were confirmed by the formal reviews in 2000, 2006, and 2014. To support the mission stat ement, there are four main roles: a) To provide regimental assistance to the civil authority; b) To provide regimental assistance to the civil power; c) To provide regimental assistance to Ber-mudian society; and d) to provide regimental assistance to the inter-national community.
Mr. Chairman, the total funding for the Royal Bermuda Regiment for the coming year is $7,085,937, an increase of $137,881. This new cash limit repr esents an increase of 1.98 per cent. The extra funding, in spite of cuts elsewhere, is to s upport the transfer to an all -volunteer force, and training for the band. Mr. Chairman, cost centre 16000, Defence Services, manages the processes for registering, s electing, calling- up, and deferral from service of Bermudian men. Recruitment provides the administrative support and services to Regimental Headquarters, the Defence Board, Defence Exemption Tribunal, D efence Promotions Board, and Defence Medical Board. Financial support and budget control round out this cost centre’s responsibility. There are three full -time staff paid in this cost centre, and two are civilian. Cost centre 16010, Regimental Headquarters. Mr. Chairman, all command and control functions and associated costs are collated in this cost centre. All administrative and policy functio ns in support of mil itary activities (less logistics) are funded through this cost centre, which also includes seven full -time staff members. On the February 27 th of this year, Mr. Chairman, command of the Regiment returned to a Bermudian. And I would like to take this opportunity to congratulate Commanding Officer, Lieutenant Colonel Curley, on his appointment and wish him all the best in all the work that he will do for the Regiment and people of Bermuda. I would like to also take this o pportunity to thank the former Commanding Officer, Lieutenant Colonel Foster -Brown, for his service over the past three years. Cost centre 16020, Quartermaster. Mr. Chairman, the Quartermaster’s Department provides all material and logistic supply to the Regiment. All procurement is funded through this cost centre. In addition, this department is responsible for the maint enance of all military assets, from buildings to weap-ons. Of note, in August 2015, the Regiment replaced its ageing weapons system at no cost to the Bermuda taxpayer, with the kind gifting of 400 SA80 A2 wea pons by the UK Ministry of Defence. Mr. Chairman, I had the opportunity to see them on parade with our soldiers in the Regiment. And they are a great i mprovement as far as a weapon goes, but somewhat more difficult to parade with, Mr. Chairman. There are nine full -time staff paid in this cost centre, including one civilian. Cost centre 16030, Ceremonial. Mr. Chai rman, the Bermuda Regiment Band and Corps of Drums, along with Guards of Honour provided by C Company, will continue to perform during parades and state occasions that are expected and enjoyed by our visitors and residents. There are two full -time staff in this cost centre, which also captures costs assoc iated with routine state ceremonial occasions including • Beating Retreat Ceremonies, which are held from April through October; • The Queen’s Birthday Parade in June; • The Convening of the Legislature in November or whenever ordered; and • The Remembrance Day Ceremony, in N ovember as well.
The costs of various community -supported activities carried out by the band in Bermuda throughout the year are also reflected in this cost centre. These include leading the Bermuda Day Parade, performing at the annual Senior Citizens Tea, performing in support of Recruit Camp, performances at the request of community organisations such as the Bermuda Inter-national Business Association [BIBA], supporting the Department of Tourism and convention groups, and last year supporting the Regiment’s 50 th anniversary celebrations with the spectacular Tattoo at Dockyard in October 2015. Mr. Chairman, I would like to take this m oment to congratulate the Organising Committee, specifically the Permanent Secretary of National Security, Major Marc Telemaque, for a fantastic job in organ ising and making sure it came off seamlessly, and also commend Major Telemaque for his dulcet tones throughout the days when the Tattoo ran. We enjoyed our time up there, and certainly I enjoyed his dulcet tones with a splash of humour.
[Inaudible interjection s and laughter ]
1444 11 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: No, some of us are embarrassed when we sing. But some sing quite well.
[Laughter]
Hon. Michael H. Dunkley: Cost centre 16040, Local Training. Mr. Chairman, this funding is for the local training costs of all part-time personnel in A, C, and Support Companies for the training throughout the year. Training begins with the annual two- week R ecruit Camp and then continues throughout the year via drill nights and weekend camps, and consumes approximately a further 14 man- days of time per soldier per year. The number of training days has decreased since 2008/09, proportionally with the reduced budget and what can be done. The training commitment is higher for senior ranks and, of course, for specialist capabilities. Costs associated with the Junior Non- Commissioned Off icers Cadre are included. This concentrates on deve loping leaders and managers, which is critical to any organisation. Those who complete this course go on to become non- commissioned officers in the Reg iment. Many soldiers also find that their employers r eward their enhanced skills in the civilian workplace. This year, personnel on the cadre will attend their Battle Camp in April –May 2016, along with the remainder of the Regiment (less C Company and elements of Support Company) as they travel to Jamaica. There are seven full -time staff paid in this cost centre. Cost centre 16060, Bermuda Regiment Junior Leaders. Mr. Chairman, this cost centre has been de-funded following budget cuts over the past year, but this very important youth development programme continues to operate effectively with charitable support. The part -time adult staff leads the work with the support of parental and other contributions. As part of the update to defence legislation in December 2015, it received its own dedicated Royal Bermuda Regiment Junior Leaders Act. Mr. Chairman, the Government will continue to support this programme and look at how to provide funding to continue the work of our Junior Leaders. Cost centre 16075, Overseas Camp. Mr. Chairman, this cost centre captures the costs assoc iated with taking approximately 220 personnel over-seas for a mandated 14- day camp annually. Signif icant items of expenditure within this cost centre i nclude the cost of the aircraft charter, soldiers’ camp pay, and the provision of all resources to facilitate and support this training. In April 2016, the Regiment will deploy to Jamaica to undergo its annual training. The overseas camp is, of course, essential, as you know, Mr. Chairman, in order to conduct training not possible on the Island and to help ensure the Regiment always keeps pace with international best practice. Cost centre 16080, Courses and Attachments. Mr. Chairman, overseas courses offer an opportunity to acquire specialised skill s and to maintain those skills that may be required for operations in Bermuda, whilst also ensuring the Regiment conforms to modern military best practice. The cost centre is for the continuation training, additional training, and special training of all officers and non- commissioned officers both locally and overseas throughout the training year. Depending on the availability of personnel, the Reg iment sends up to 15 officers, warrant officers, senior NCOs or potential officers to the UK, USA, Canada, or Jamaica to attend a variety of military skills or military knowledge courses. Subject to available funds, in pr evious years the Regiment facilitated volunteers to par-ticipate in various camps and exercises organised by affiliated units such as the Royal
Anglian Regiment. In 2015, Mr. Chairman, two ind ividuals deployed to train in Belize for three weeks, whilst USNORTHCOM [ U.S. Northern Command], as result of a new affiliation, sponsored a number of courses abroad at no cost (less wages) to the Regiment. Personnel —Mr. Chairman, the Bermuda Regiment currently employs 30 full -time staff, of which all but three are military personnel. The three civilian staff are employed in the administration of recruitment and accounts payable, and grounds maintenance at the Warwick Camp. Due to historic reductions in cash limits since 2008/09, the total strength of the Regiment is being held at just over 420 full -time and part -time personnel. Wages are the Regiment’s greatest expenditure. Output measures and objectives —Mr. C hairman, the Regiment successfully completed its prepa-rations for the past hurricane season. In October, the Regiment led and participated in the annual Joint Services Exercise, Joint Venture 15. The exercise, conducted with other agencies, had an internal security theme, and included 200 soldiers and over 30 police officers. Major achievements —Mr. Chairman, in 2015: • the Regiment again demonstrated its enduring utility and relevance in October 2015 when 120 soldiers were deployed for Hurricane Joaquin and helped clear 16 obstacles across the Island; • earlier the same month, Mr. Chairman, over 90 soldiers were committed to support the World Series sailing event in Hamilton with security, marshalling, and ceremonial duties; • whilst in January 2016, the Regiment achieved the first -ever all -volunteer Recruit Camp, with a record high level of 66 volu nteers forming two platoons, 16 volunteers of which were female. This exceeded the target set and was in line with the Government’s commitment to phase out conscription, as articulated in paragraph (4) of the new Defence Act passed in this Honourable Chamber in 2015. The historic all -volunteer recruit camp is
Bermuda House of Assembly possible due to high retention rates, meaning fewer recruits were required to maintain numbers. I might add, Mr. C hairman, that sceptics talked against this way forward, and we are delighted that the Regiment command has made it happen. And we look forward to con-tinued success in future years; • the proposal for a lead Regiment marine role has been discussed for over 25 years and was one of the key recommendations in the February 2014 National Security and Defence Review. A detailed submission was made in July 2014, and Cabinet met on the 12 th of January 2016 with a view to moving forward this long- standing recommendation and p otentially achieving the transfer by May 2017, before the America’s Cup. Specifically, Mr. Chairman, an option which proposes an additional 14 full -time staff, a budget of just under $1.7 million (against the current police budget of about $1.25 mil lion for a similar task) would also provide a 200 per cent increase over the existing marine police coverage. This role has been discussed for 25 years, but is now being actioned and, it is safe to say, will significantly enhance the capability of our mari time nation; • the Regiment continues to work closely with the Bermuda Police Service, including with the Joint Service Explosive Ordnance Team, and has started the training of selected so ldiers trained as time- bound special const ables; • the Regiment celebrat ed its 50 th anniversary on the 1st of September last year, with 22 events including two Freedom Parades, Trooping of the Colour, the Tattoo in Doc kyard, and a Royal visit.
Mr. Chairman, the Royal Bermuda Regiment received the accolade of the Royal title for long and distinguished service as part of its 50 th anniversary. It has been embodied, on average, every other year during its 50- year history and again demonstrated its enduring relevance in the last 12 months with hurr icane and disaster relief followi ng Hurricane Gonzalo and support to the World Series. It has also raised the profile of Bermuda with the Tattoo in October, demonstrating, if proof were actually needed, Mr. Chairman, that Bermuda can stage world- class events. Over 9,000 Bermudians have been issued regimental numbers, demonstrating the reach and the significance of the Regiment. It plays a vital role in the life, safety, and unity of our country. The values it stands for, duty and service, are the values that help make Bermuda strong.
[Inaudible interjection] Hon. Michael H. Dunkley: I was one of the many who was a volunteer in the Bermuda Fire and Rescue Service, which I am coming to later. I am pleased to see that the Honourable Opposition has decided to debate the Bermuda Fire and Resc ue Service. So, Mr. Chairman, thank you for that question. Our young (and not -so-young) have been a nswering the call of service in even greater numbers and voting with their feet. As a result of their rewar ding experience and the benefits of regimental ser vice, individuals have been volunteering to join and serve in record numbers, to the extent that conscription was not actually required in 2016. Notwithstanding this historic success, the utility of the Regiment is set to expand even further when Cabinet t akes forward the lead regimental maritime role prior to the America’s Cup in 2017. And the Bermuda Fire and Rescue Ser-vice are exploring the possibility of soldiers being trained as auxiliary firefighters, whilst in 2017, the Regiment is preparing to support the America’s Cup with a regimental deployment instead of its normal overseas training programme. Mr. Chairman, the Regiment is thus well set to provide valuable service as it moves to its second half -century and will continue to receive strong support from this Government. Mr. Chairman, I would like to take this opportunity, as I close that head, to thank the leaders of the Regiment for their commitment over the past number of years. I have had the pleasure of attending Passing Out parades and various o ther events that took place in the Regiment. And there is a strong spirit within the Regiment, with people being trained at the highest levels. And it is gratifying to see young men and women getting involved and serving their country with enthusiasm and z eal.
HEAD 7 —BERMUDA POLICE SERVICE
Hon. Michael H. Dunkley: Mr. Chairman, I will now turn my attention to Head 7, the Bermuda Police Service, which can be found on pages B -270 to B -274 of the Estimates of Revenue and Expenditure. Mr. Chairman, the mission statement of the Bermuda P olice Service is Making Bermuda Safer by engaging in three priority areas of operations: • tackling crime and antisocial behaviour; • engaging with the community; • making the roads safer.
Mr. Chairman, the Bermuda Police Service [BPS] continues to operate in austere times, along with all other sectors of our community, meaning that resources must be used and deployed strategically. It is important for the police to be sharply focused on the things that present the most significant t hreats to public safety in Bermuda and those things that most i mpact on the feeling of community confidence in the police to keep us safe. To that end, the police have 1446 11 March 2016 Official Hansard Report
Bermuda House of Assembly committed to the following priorities for the next fiscal year: Tackling crime and anti social behaviour —the escalation of gang tensions during the past five years led to unprecedented levels of gun violence, and the development of a Gang and Violence Reduction Strategy in 2010 that provided a framework for an enhanced law enforcement approac h to reducing vi olence, coupled with the opportunities for partner agency and community involvement in tackling the problems from all angles. The BPS will refresh the strategy to ensure that it continues to reduce the harm caused by the violence attributed to gangs and the criminal use of firearms. The BPS will continue to work in partnership to target those criminals who pose the greatest threat to our communities. The BPS will further invest in government and community partnerships, and partic ipate in j oined- up offender management, education programmes, and prevention programmes. The BPS will continue to work with partners within the framework of the Interagency Gang Task Force [IGTF] and its associated levels: the Interagency Gang Enforcement Team [IGE T] and the I nteragency Community Response [ICR] Team. The work of the Interagency Gang Task Force combines strategy with enforcement and community support. The BPS will assess risks and provide an appropriate intelligence- led policing response to local nightlife activities and regular sporting matches. The police will also mount highly visible and effective patrols wherever needed to reduce crime and antisocial behaviour. The police will also monitor trends in organised crime and continue the excellent w orking rel ationships that have been forged with international law enforcement partners to protect against and mount appropriate responses to threats from terrorism, c ybercrime, organised crime, and financial crime. The BPS supports initiatives that prevent crime and, of course, reduce offending. The police will collaborate with its criminal justice partners and other local organisations to help develop a system of r estorative justice in Bermuda. In regards to engaging with the community, the BPS will conti nue to develop and support Community Action Groups, particularly in those neighbourhoods that will benefit the most. Aided by the existing police Community Action Teams [CATs], the BPS will work to enhance public confidence by developing and implementing l ocal solutions to local problems in var ious areas. The Problem Oriented Policing and Partnerships (POPP) strategy remains as the cornerstone of police operations. CAT officers rely on partnerships to build stronger communities; the BPS will, of course, make every effort to provide greater consistency in providing local community officers so that relatio n-ships at the neighbourhood level are strong and e nduring. Strong enforcement must be complemented by strong education, prevention, and diversion efforts. The police will continue to deliver the Gang Resi stance and Education Training [GREAT] programme in partnership with our Island’s schools in an effort to weaken the grip of the gang culture on our young people. The BPS will also continue to support its members to enhance youth engagement with the police and to volunteer outside of the police to serve with other helping organisations. Good communication sits at the heart of strong relationships. The BPS will develop media strategies and expand the use of i ts website and s ocial media sites to keep the public informed and engaged with the latest news from the police. In regards to making the roads safer, Mr. Chairman, the BPS Road Safety Strategy is a community collaboration that is designed to save lives, to make our roads safer, and to increase public conf idence. The police will deliver operational plans to r educe the total number of traffic collisions, with an emphasis on reducing the number of deaths on the roads. Patrols will be targeted to disrupt criminal use of the road and combat antisocial driving behaviours. The police will aim to calm the roads and reduce the frequency of impaired driving. The approach to road safety, Mr. Chairman, will include intelligence- led data to analyse traffic “ hot spots ” and areas that need attention. The police will raise awareness of poor driving behaviour through education in concert with key stakeholders. The Bermuda Police Service will engage in enforcement that is combined with professional judgment and discretion so that punishment is balanced with prevention. Investing in people, Mr. Chairman—the Bermuda Police Service currently has a discipline system which, at 40 years old, is not consistent with modern employment practices and is devoid of effective stat utory perf ormance management arrangements to manage performance and attendance. Working alongside the Government legislative reforms highlighted in the 2015 Speech from the Throne, the service will impl ement a modernisation plan and deliver training to all police st aff in relation to performance, conduct, and attendance management. The BPS relies on trained, competent people to deliver efficient quality service at the highest pr ofessional standards. The commissioner and his team remain committed to training and reinforcing a pr ogramme of transformational leadership that builds a culture of shared leadership and decision- making at the lowest appropriate levels. Considerations of safety, health, and welfare are priorities for the people engaged in our wor kplaces. The BPS seeks to foster a safe and healthy work environment, with a strong focus on preventative
Bermuda House of Assembly measures. The newly formed Occupational Health Unit provides a multidisciplinary approach to delivering complete physical, mental, and social well -being environments for all of the staff of the BPS. Additional training will be provided for the growing contingent of internal and external volunteers who support the service as Critical Incident Stress Management [CISM] professionals. The BPS will streamline its organi sational structure, with a particular focus on consolidating f acilities, assets, resources, and responsibilities within the service. We will increase the ratio of constables to supervisors through natural attrition to achieve greater efficiency of supervis ion and to reduce bureaucracy. To help us reach budget reduction targets while sustaining operational delivery levels, the Bermuda Police Service will examine business processes to ensure that all police officers are engaged in police work. They will work hard to avoid using officers for jobs that do not require police training to perform. The Bermuda Police Reserve provides vital support to the regular service by harnessing volunteer efforts from the community. They will continue to encourage recruitment efforts to increase their numbers to 100 officers, representing an increase of more than 30 per cent. They will also seek to further enhance [diversity] within their ranks commensurate with the diversity in the community that they serve. Mr. Chairman, in regards to optimising tec hnology, the Bermuda Police Service will work to ensure that our technology infrastructure provides modern, automated assistance to their operations while simultaneously delivering value for money. They will consult with the Bermuda Government to invest in technology that makes all of us more efficient at our job and contributes to public safety. They will collaborate with Government on the opportunities to expand the capability of the public CCTV network through the addition of new networks and by enhancing video analytics that will enable fea-tures such as facial recognition, traffic compliance, and speed cameras. They will implement an electronic document management system to improve electronic filing c apacity and to streamline compliance with the requir ements of the Public Access to Information [PATI] Act and new disclosure requirements within the criminal justice arena. The Bermuda Police Service will work with the Government and other emergency services to trans ition towards a modern radio system that will enable better communications across government and emergency services on a shared platform. Mr. Chairman, in regards to allocation of staff, for ease of accounting, salaries for police officers are allocated to the Commiss ioner’s cost centre, line item 17000. Police salaries for 2016/17 have been set at $38,300,000. The budget provides for 416 police off icers (which includes 10 cadets). The allocation of these human resources will be divided into three div isions, each commanded by a superintendent. Specif ically, the regular police staff will comprise one com-missioner, one deputy commissioner, two assistant commissioners, three superintendents, eight chief i nspectors , 25 inspectors, 66 sergeants, and 300 constables with the 10 cadets whom I mentioned earlier. The commissioner has the authority to move staff according to the needs of the service. Salaries and wages for the 90 civilian staff who support the service in areas of finance, techno logy, human resources, station duty officers, as well a garage department, are budgeted at $5,859,307. Additional resources, Mr. Chairman—the var iances to be observed in most of the cost centres r eflect operational considerations that fall within the r emit of the commissioner, whose internal submissions for funding are mission driven. However, I wish to highlight for Honourable Members key additional el ements to the 2016/17 budget that indicate this Government’s support of the BPS and the role we ask them to play in the community. Mr. Chairman, overseas investigative assi stance is allowed a budget of $1,034,538. In response to the rapid escalation in 2009 in gang violence and associated gun crime, the BPS implemented a number of strategies to build the extra capacity needed to cope with higher caseloads of serious crimes. This initiative has run for six years and has resulted in a significant clearance of current and cold cases. The significant reduction in gun crime can be partly attri buted to this increased capacity. The service is looking for opportunities to employ Bermudians in an effort to decrease reliance on this overseas assistance. The funding allows for the employment of temporary additional staff with specific expertise that is not currently available in the service. The roles that these temporary staff fill are criminal investigators, financial investigators, intelligence analysts, case r eviewers, and crime scene investigators. Specific initiatives 2016/17—Mr. Chairman, the BPS has been allocated $445,000 in capital de-velopment moni es during the next financial year. This funding will be used towards projects in the redeve lopment of the Prospect property. The BPS currently has a shooting range located at the Cooper’s Island Nature Reserve. That shooting range is, of course, critical in the firearms officer certification process and other tactical police training. The location of the range, Mr. Chairman, is remote from the rest of the BPS training facilities that are located at Police Headquarters in Prospect. The current shooting range is not fully oper ational due to damage caused by storms and wear and tear. Extensive repairs are required to bring the cur-rent 25- metre shooting range to the appropriate sta ndard. Rather than take that course, those funds will be used instead to relocate the existing range compo-nents to a new and improved 50- metre range at Pros1448 11 March 2016 Official Hansard Report
Bermuda House of Assembly pect. The selection of the range will consolidate all firearm training at a single and more appropriate ce ntral location. Mr. Chairman, recognising the current period of government debt, deficits, and the need to reduce the BPS budget, spending on vehicles in 2016/17 will be reduced by 60 per cent. Additionally, the BPS will explore options to deploy more economical vehicles, including electric or hybrid vehicles, and the provision of vehicles through local sponsorship initiatives. The BPS will give priority to vehicle purchases that enhance the operational priorities to provide highly vis ible front -line policing and to respond quickly to emergencies. The BPS will also increase the num ber of motorcycles deployed to support making the roads safer. Mr. Chairman, the Government is committed to helping people find jobs, and the Bermuda Police Service should be seen as a career of choice by young people in the community. During the 2016/17 Financial Year, 12 cadets who joined the service over the last three years have asked to join the service as full-time constables. The BPS will hold a recruit trai ning course in June 2016, and these cadets will be trained to become the next group of Bermudi an recruits in the BPS. Mr. Chairman, at the present time, 63 per cent of the officers in the BPS are Bermudian. In times like these, we need men and women in whom we can have confidence and to whom we can look for decisive action in the face of criminal activity. The Bermuda Police Service rises every day to this challenge. The mission statement of the BPS is Making Bermuda Safer , and for the men and women who faithfully serve in our community every day, the mission statement is so much more than a slogan, Mr. Chairman—it is a calling. And as I close my comments on Head 7, the Bermuda Police Service, I would like to take this opportunity to thank the commissioner and his staff for their work over the past years, often in difficult circumstances. I would li ke to thank the BPA for their openness and communication in discussions that we have had back and forth. And I am pleased to see that we remain committed to moving forward in spite of our challenges. Mr. Chairman, I would like to turn now to Head number —
The ChairmanChairmanHead 12? Hon. Michael H. Dunkley: Head 12. It is not listed, Mr. Chairman. It is not listed. [Crosstalk ] Hon. Michael H. Dunkley: Head 12 was debated in the Finance Debate so it is —?
The ChairmanChairmanThat should be Head 13. Hon. M ichael H. Dunkley: It is Head 13. HEAD 13 —BERMUDA POST OFFICE Hon. Michael H. Dunkley: Mr. Chairman, Bermuda Post Office, Head 13. It is my pleasure to present the budget for Head 13, the BPO. The BPO is governed by the Post …
That should be Head 13. Hon. M ichael H. Dunkley: It is Head 13.
HEAD 13 —BERMUDA POST OFFICE
Hon. Michael H. Dunkley: Mr. Chairman, Bermuda Post Office, Head 13. It is my pleasure to present the budget for Head 13, the BPO. The BPO is governed by the Post Office Act 1900 and the Post Office Regulations 1933. Postal services are provided from the General Post Office located on Church Street, just across the way, the Mail Processing Centre at the ai rport, and eight sub- post offices located throughout the Island. The BPO’s vision is to be a more innovative, customer -focused , and sustainable postal service. To achieve this vision, Mr. Chairman, the BPO’s mission statement is, Together we connect people and bus inesses by providing efficient, courteous and affor dable products and services . The BPO works to ensure that mail is deli vered consistently within the delivery time frame of four working days or less, and to meet the universal service obligation to provide access to affordable com-munication to all residents. Accomplishments in 2015/16—M r. Chairman, the postal industry worldwide continues to face chal-lenges in this digital age. Nevertheless, the BPO is proud to have made several accomplishments in 2015/16. The BPO’s current expenditure budget for the April 2016 to March 2017 financial year has been r educed by $515,000 year on year. The BPO’s 2016/17 budgeted staffing co mplement has been reduced from 161 to 152, or 5 per cent, from 2015/16, through natural attrition and streamlining operations. It should also be noted that the BPO’s staffi ng has been reduced by over 34 per cent in the past five years, from 232 to 152 emplo yees. This reduction in staff numbers has necessitated increased efficiencies in the way they operate. The BPO closed the Paget Sub- Post Office at the end of May 2015, m aking the building available for Government to generate revenue via sale or rental. The BPO launched commemorative stamp issues in May, July, December of last year and Jan uary this year. The May issue featured the Bermuda Bluebird. July saw Bermuda in Bloom Part 1. Be rmuda Roses were featured in December, and in January the Lefroy Botanicals were highlighted. Stamp collection is a unique market, catering to local and international stamp enthusiasts, which also sho wcases Bermuda’s rich history and heritage. The BPO has made a significant investment in staff, obviously its most important resource. The BPO continues to provide financial support in the past year, $25,000 to several employees who are furthering their education and professional development. The BPO sent employees overseas on trai ning, conferences, and other professional development
Bermuda House of Assembly opportunities, which were funded by the Caribbean Postal Union and the Universal Postal Union. In July 2015, Mr. Chairman, the BPO moder nised its postage rates. Thi s was a major project, as postage rates had not changed or been adjusted since 2000. The project was made much more difficult due to the BPO’s aged information technology platform, which is to be upgraded and modernised during the 2016/17 Financial Year. The BPO arranged a one -year secondment for an employee to work at Royal Mail in the United Kingdom. The individual is currently the International Manager in the Royal Mail’s International Policy Unit, whilst simultaneously still working for the BPO. This employee has led projects with the Caribbean Postal Union and the Universal Postal Union. The second-ment finishes in August, and it is anticipated that the employee will return to Bermuda with international experience, exposure and skills that, of course, w ould not have been developed without the secondment. In October 2015, the BPO celebrated World Post Day by staff doing community service at the Lorraine Rest Home and the Warwick Preschool. The BPO produced a newsletter in January and conducted a colleag ue engagement survey at the end of November, which has given staff the opport unity to express their views and concerns in a confiden-tial manner. The feedback is being considered by management in decision- making. The BPO completed repairs to the mail processing centre at the airport, following damage sustained during Hurricanes Fay and Gonzalo, and has recently reoccupied the building. Mr. Chairman, the BPO collected $600,000 of outstanding terminal dues relating to revenue for per iods prior to 2015. In regards to current account estimates, Mr. Chairman, the current account estimates for Head 13, the Bermuda Post Office, can be found on pages B - 279 and B -280 of the Current Account Estimates for Expenditures for the year 2016/17. The BPO has been allocated a total of $10,677,000 for the next f inancial year, and this represents a net decrease of $515,000, or 4.6 per cent from the amount allocated for the financial year, which was $11,192,000. Mr. Chairman, the Post Office is made up of the Corporate Services D ivision and the Operations Division. The Corporate Services Division comprises Administration and Finance, IT Services, and Phil atelic Services. The Operations Division is made up of the Central Mail Processing Unit, the Sub- Post O ffices, and Courier Servi ces. Mr. Chairman, the budget for the Corporate Services Division for the last financial year was $2,474,000. The revised estimates $2,430,000. That $44,000 variance is approximately 1.8 per cent less. For 2016/17, the Corporate Services Division will f ocus on finding ways to generate additional revenue, as well as increasing awareness of and satisfaction with the services provided by the BPO. The BPO will continue to work with the Information Technology O ffice, E -Government, and the Office of Project Management and Procurement to upgrade the BPO Information Technology platform, which is outdated and hinders the BPO’s ability to introduce new revenue streams and to be more efficient in collecting, r ecording, and monitoring the revenue it receives. The Accounts Section will ensure that the BPO continues to conduct its affairs in a manner that is consistent with Financial Instructions and in the most efficient manner possible. In 2016/17, Mr. Chairman, the BPO Philatelic Bureau’s planned stamp releases and ac tivities include the following: • April—90 th Birthday of Her Majesty the Queen; • May—Bermuda World War I; • June— World Stamp Expo, New York 2016; • August —Bermuda in Bloom Part 3; • October —Lifecycle Monarch Butterfly; • November —Year Pack 2016; • February 2017— 25th Anniversary of the Bermuda National Gallery.
Programme 1310, Operations —Mr. Chairman, the original estimate for 2015/16 was $8,718,000, with 134 employees. The estimate for 2016/17 is $8,247,000, with 126 employees, a 5.5 per cent var iance. Mr. Chairman, the Bermuda Mail Processing Centre [BMPC] is the mail hub of the Bermuda Post Office. For 2016/17, the BPO will commence a project to amalgamate the mail processing operation into the GPO, to cut staff costs, streamline operations, and improve efficiency and effectiveness in the speed and manner in which mail is processed. The Quality Assurance Section will continue to measure routes to maximise efficiency and address compliance issues. The Quality Assurance Section has been working steadily with other departments within Government to ensure that Government has, as best as possible, correct address databases of all buildings and dwellings in Bermuda. Mr. Chairman, I will now outline the BPO’s projected expenses for 2016/17, as per the table that honourable colleagues can find on page B -280 of the Budget Book.
The ChairmanChairmanWhat page? Hon. Michael H. Dunkley: Page B -280. Mr. Chairman, 87 per cent of the Post Office’s budget is salaries and wages. The Post Office budgeted staff numbers were reduced from 161 to 152, a reduction of nine full -time equivalents, or 5.6 per cent. This reduction is due …
What page?
Hon. Michael H. Dunkley: Page B -280. Mr. Chairman, 87 per cent of the Post Office’s budget is salaries and wages. The Post Office budgeted staff numbers were reduced from 161 to 152, a reduction of nine full -time equivalents, or 5.6 per cent. This reduction is due to natural attrition and streamli ning operations. The total projected savings on staffing costs year over year is $528,000, or 5.4 per cent. 1450 11 March 2016 Official Hansard Report
Bermuda House of Assembly While reducing staff ing levels may be a new concept for some departments, this is something that the BPO has consistently done for the past five years. BPO management and staff continue to i ncrease efficiencies, with a projected $13,000, or 1 per cent reduction in operational expenses. The Transport budget decreases by $10,000, or 7 per cent, due to better route management. The Travel budget remains stable, with a slight $1,000 i ncrease from the past financial year. The Communications budget has been i ncreased by $11,000, or 14 per cent, and the Adverti sing and Promotion budget by $13,000, or 27 per cent. This is to enhance marketing of existing as well as new BPO products and services. Professional Services remains relatively the same as last year. This line item is used for fees and dues paid to the Universal Postal Union, the Cari bbean Postal Union, the Stamp Design Advisory Committee, and other related costs. Rent for the Perot Sub- Post Office remains the same, at $27,000 for the next financial year. Mr. Chairman, R epairs and Maintenance expenses are forecast to increase by 5 per cent, or $17,000, mainly due to increased costs of maintaining an ageing infrastructure, namely, cycles, vehicles and buildings, as well as additional costs for outsourcing cleaning services . Insurance is expected to decrease by $3,000, or 20 per cent. Energy costs are expected to decrease in 2016/17 by $20,000, or 13 per cent, due to the Paget Sub Post Office closure and other efficiencies, cou-pled with decreased energy prices. The Clothi ng, Uniforms and Laundry budget remains the same. Materials and Supplies are for ecasted to decrease by 3 per cent, or $8,000, the result of the Paget Sub Office closure, as well as cost - saving initiatives and economies of scale. Minor Equipment Purchases is budgeted for the next fiscal year at $15,000 to cater for replac ement of IT equipment and other equipment due to the move of the mail processing centre back to the airport. The last line item on the Operating Expenses budget is Other Expenses, which is expected to be in line with the 2015/16 numbers. Mr. Chairman, the BPO continues to be one of the few departments that collects revenue. The BPO does this while providing a universal service obligation. The BPO also collects a significant amount of reven ue on behalf of other government departments such as Customs, Education, Youth and Sports, Public Transportation, and Environmental Protection. This revenue averages about $2 million each year, or over 25 per cent of the total revenue collected by the BPO. This amount is not included in the revenue figures in the budget estimates for the BPO, but is recognised in the respective departments’ budget figures. The role of the BPO in this context, and the BPO’s opportunity to increase efficiencies gover nment -wide, should therefore be considered any time you review budget figures. The total revenue estimate for year 2016/17, Mr. Chairman, which can be found on page B -281 of the Current Account Estimates for Revenues, is $4,467,000. This represents a decrease of $190,000, or 4.1 per cent under the budget of 2015/16. The Post Office expects a slight overall d ecline in revenue. The global trend of declining mail volumes as a result of alternative communication continues to impact the bottom line. Nonetheless, Mr. Chairman, some revenue line items are expected to increase as a result of certain factors, as explained herein. Terminal Dues, which are the net revenues received from other postal jurisdictions for delivery of incoming mail originating from those jurisdicti ons, are estimated to decrease by $75,000, or 10 per cent from the current budget year, mainly due to decreased mail volumes. Other Post Office Fees and Charges, which includes Fax and Photocopying Charges, Tax Mail, Customs Declaration Fees, Mail Redirection, and Hold Mail Fees, are expected to decrease marginally, Mr. Chairman, by 3 per cent or by $8,000, compared to the estimates for 2015/16. Post Office Licences, which include Business Reply Services, Mail Handling, Postage Paid Permits, and Business Reply Service, are expected to have a net decrease of $39,000, or 51 per cent, mainly due to a clean- up of the licensee register netted against i ncreased income from the revised mail handling fee structure. Mr. Chairman, Philatelic Revenue is antic ipated to be higher in 2016/17 by $34,000, or 28 per cent, over the current financial year. This is estimated from the trends in the 2015/16 actual sales figures. The trending for mail volumes over the last several decades, Mr. Chairman, has seen a steady decrease of approximately 600,000 pieces a year, or 7 per cent annual decrease, spread over different letter mail products, both local and international. In 2015, the BPO saw a decrease of 12 per cent in mail volumes over the previous year of 2014. The reason for these decreases on a local and global scale is the direct result of the development of alternative comm unication methods, online statement providers and, of course, increased reliance on social media for getting the message out. Hence, Mr. Chairman, postal o rganisations around the world are continually looking to decrease overhead and increase sales by implementing new products and services to remain relevant. The BPO is no different as we anticipate these trends in declining mail volumes to continue. Accordingly, Mr. Chairman, stamp sales are expected to decrease significantly in 2016/17, by
Bermuda House of Assembly $129,000, or 17 per cent. This decline is in line with the trends experienced this current financial year. Frankpost sales are anticipated to decrease. The decrease will somewhat be offset by the increase arising from the postage rate modernisation impl emented in July of 2015. The overall impact is ex-pected to be a marginal decrease, compared to the 2015/16 estimates. Bulk Mail, Mr. Chairman, is expected to i ncrease in 2016/17 by $47,000, or 8 per cent, mainly due to the postage rate modernisation. Bulk mail is expected to continue to be a relevant revenue stream as the BPO continues to offer businesses and char ities direct daily access to 39,000 residential and bus iness postal addresses combined. The anticipated revenue from telephone cards and Top Up, and packaging material are expected to remain in line with the current financial year budget. The BPO anticipates, Mr. Chairman, a decrease in revenue from post boxes, which includes the rental fee, late fee, and other related charges. The anticipated decrease of $24,000, or 3 per cent [year over year] is partly due to the closure of the Paget Sub Office. The late penalty fee [revenue] is also expected to decline, as the public are now more aware of the payment deadlines. Sundry receipts are not a major line item and are expected to be in line with the current financial year estimates. Mr. Chairman, the total estimates for Capital Acquisition Expenditure for 2016/17 can be found on page C -14 of the Capital Acquisition (Schedule C). The amount allocated was $27,000 for the purchase of cycles and computer equipment. This is against a 2015/16 allocation of $311,000, a decrease of $284,000. The BPO currently processes 60 per cent of its $4.7 million annual revenues through various obs olete or unsupported software, Mr. Chairman. The 2015/16 capital budget allocation is currently being used to update this infrastructure for 2016/17 and beyond, and of course, it will enable the BPO to resolve the issues that it has consistently experienced with its software, to be more efficient, and to be able to han-dle new revenue initiatives. Mr. Chairman, the BPO will be introducing new revenue streams into its operations during the 2016/17 financial year, based on the implementation of software enhancements. The 2015/16 fiscal year was a very busy and productive year for the BPO. Approximately 8.1 million pieces of mail were processed during that year. The local market provided 5.8 million pieces or 72 per cent of local delivery, and 2.3 million pieces or 28 per cent was for incoming and outgoing international delivery. The annual breakdown by volume, Mr. Chai rman, is as follows: • 4.7 million pieces, or 58 per cent was local business mail; • 832,000 pieces, or 10 per cent was local personal mail; • 294,000 pieces, or 4 per cent was from Bermuda Government Her Majesty’s products for local delivery; • 523,000 pieces, or 7 per cent was outgoing i nternational mail; finally, • 1.7 million p ieces, or 22 per cent was incoming international mail.
Mr. Chairman, the Post Office continues to work with its community partners to improve eff iciency, to impact delivery times, and move closer t owards a 100 per cent delivery standard within four work ing days. The BPO continues to utilise mail sor ters, drivers, and delivery team members for optimal performance. Bulk mailers have been issued proces sing guidelines and deadlines to improve quality of mail delivered to the Post Office. All processes are continuously reviewed as the Bermuda Post Office aims to ensure that the best possible service is provided to the public. Mr. Chairman, the Express Mail Service product is an international data express mail service for documents and merchandise. Residents and bus inesses can drop off their documents or packages at any post office in Bermuda and request that the E xpress Mail Service deliver them. Documents and packages will reach their international destination, in most cases, within five to seven business day s, for nearly half the price of the courier companies. It is a service well worth looking at. It is a secure, conven-ient, and affordable service. Packages can be tracked online via the BPO’s Track and Trace access, which can be found at www.bpo.bm . The BPO continues to encourage other [government] departments to utilise this service for their international mailing needs, which will be an overall cost -saving for the Government. Mr. Chairman, the BPO continues to market RPost, the registered e- mail service offered throughout the BPO. The objectives, goals and future plans which have been set by the Post Office for 2016/17, Mr. Chairman, will move forward its vision for being a more innovative, cus tomer -focused, and sustainable postal service. As the BPO continues to work with its stak eholders and business partners to embrace more sustainable documents, agreements, policies, practices, and approaches to work,
Bermuda will eventually have a post al service that meets the needs of residents while at the same time it is sustainable. Mr. Chairman, that brings to an end my comments on Head 13, Bermuda Post Office.
The ChairmanChairmanYou will move on to Head 25. 1452 11 March 2016 Official Hansard Report Bermuda House of Assembly Hon. Michael H. Dunkley: I will move on to Head 25.
The ChairmanChairmanCorrections? Hon. Michael H. Dunkley: Department of Corrections, which can be found from page B -284 to page B - 287.
The ChairmanChairmanYes. HEAD 25 —DEPARTMENT OF CORRECTIONS Hon. Michael H. Dunkley: It is my pleasure to pr esent Budget Head 25 for the Department of Corrections. Before I actually get there, I would be remiss if I did not thank the Postmaster General, Wayne Smith, and his team for their dedication …
Yes.
HEAD 25 —DEPARTMENT OF CORRECTIONS
Hon. Michael H. Dunkley: It is my pleasure to pr esent Budget Head 25 for the Department of Corrections. Before I actually get there, I would be remiss if I did not thank the Postmaster General, Wayne Smith, and his team for their dedication in the Bermuda Post Office. And in Corrections, I would like to thank the Commissioner of Corrections, [Lieutenant Colonel] Lamb, for his work in Corrections, and their entire team at the East and the West Ends of the Island. Mr. Chairman, the department’s mandate is to administer sentences imposed by the courts under conditions of safe custody and well -ordered comm unity life so that convicted persons can lead good and useful lives on discharge. The main objectives of the department are as follows: 1. to protect the public by holding inmates s ecurely while providing safe, well -ordered, and lawful regimes; 2. to provide a humane, but demanding, regime aimed at reducing reoffending, by offering i nmates a range of opportunities in which r eward is linked to effort (that is, incentives and earned privileges, Mr. Chairman), in order to prepare inmates for life after release.
The departmental outcomes are as follows: The Government of Bermuda endorses the aim of the Department of Corrections to achieve and, where practicable, Mr. Chairman, to exceed the United N ations Minimum Standards for the Treatment of Prisoners. Secondly, the people of Bermuda need to be sa tisfied that the Department of Corrections makes an effective contribution to public safety and, of course, the rehabilitation of offenders. Mr. Chairman, the principal functions of the Department of Corrections fall into two categories: First, Custody —the Department of Corrections is authorised to accept and to detain all persons who are lawfully ordered to be detained by the courts. The main functions under custody include inmate r eception, release, security, visits, court escort security, safety, and general daily operations. Treatment and Rehabilitation—Mr. Chairman, the second function is the treatment (intervention) r ehabilitation/habilitation of any offenders. The function can be challenging, as offenders, based on potential mindsets, attitudes or irrational thinking, often consider programmes unnecessary and irrelevant. Ho wever, this is always achievable through the provision of offending behaviour programmes, cognitive interventi ons, life skills training, educational classes, skills, and recreational development, which are aimed at addressing offending behaviour and promoting pos itive change. Mr. Chairman, the department is divided into 12 major cost centres. They comprise the f ollowing: Corrections Headquarters (35000), Farm Facility (35020), Co- Educational Facility (35030), Westgate Correctional Facility (35060), Therapeutic Community (or the Right Living House) (35090), Psychological Services (35105), Social Services and Case Management (35106), Health Services (35107), Educ ational Services (35108), Vocational Services (35109), Recreational Services (35110), and Chaplaincy (35111). Mr. Chairman, the department’s mission statement is To empower inmates to be r esponsible and productive citizens . Additionally, the department’s core beliefs are as follows: 1. Those in custody have the potential to change; 2. Our staff are our greatest asset in the achievement of our mission, and they have the potential to bring about change; 3. The Bermuda Department of Corrections is an integral part of the entire Bermudian comm unity; and 4. We should always operate the department cost efficiently while retaining our mission.
Mr. Chairman, the department has a responsibility to adhere to the following legisl ation: • Treatment of Offenders Board Act 1979; • Prison Act 1979; • Prison Rules 1980; • Young Offenders Act 1950; • Senior Training School Rules 1951; • Prison Officers (Discipline, Etc.) Rules 1981; • Sections of the Mental Health Act 1968, and portions of other legi slation; • Sections of the Parole Board Act; • Sections of the Criminal Code Amendment Act.
Mr. Chairman, the total current expenditure, which is found on page B -284 of the Budget Book, is estimated to be $25,337,000 for the next financial year. This represents an increase of $471,000, or 2 per cent higher than the budget of 2015/16. This increase will provide for hiring of new staff and a pr ovision for inmate health insurance. Mr. Chairman, the 2016/17 budget provides funding for 244 full -time employees, as shown on page B -285. In addition to full -time employees, it will fund facilitators and teachers for inmate programmes.
Bermuda House of Assembly Mr. Chairman, cost centre 35000, Headquarters, represents $3,872,000, or 15 per cent of the total budget. Corrections Headquarters, under the general direction of the commissioner and assistant commi ssioners, provides directives to a decentralised organisation. Staff administer and coordinate the training, security strategies, human resources, financial r esources, and policy direction f or the department. This budget will fund salaries and operating expenses for the Corrections Headquarters. Mr. Chairman, cost centre 35020, the Farm Facility, represents $3,538,000, or 14 per cent of the budget. The total budget for this will allow for s taffing of the Farm Facility, operating expenses, and inmate care. The Farm Facility is an adult [male] minimum - security facility with a capacity to house 93 inmates. The prerequisite for inmates housed at this facility is completion of their core sentence plan requirements and classification of minimum security. Treatment continues to be provided focusing on relapse prevention. Inmates are also involved in work release programmes, charity programmes, community service, and other ongoing projects within the facility. Mr. Chairman, this past year 26 were enrolled in the work release programme, and 55 inmates participated in the charity work programme. The plan for the upcoming fiscal year is to increase the number of inmates on work release and charity, wit h the charity work programme being geared more towards facil itating requests from government entities. The Farm Facility garden, Mr. Chairman, has supplied all of the facilities with fruits and vegetables. These crops include beets, onions, carrots, cabbag e, bananas, and potatoes. (And it is getting near lunch, so we get a little hungry as we get closer.) This has provided a cost -saving measure and a very good r elease and educational opportunity for our inmates. Initiatives for the upcoming year include expansion of the animal and farming programmes at the facility. Mr. Chairman, the Farm and Animal Pr ogramme currently has been suspended while it is being revamped; however, it will be reintroduced during the 2016/17 budget year. As I mentioned recently in my comments, it provided a food supply, and it also engaged inmates in productive and meaningful work. The Bee Innovative pilot programme will fully commence again in April and will involve the production of honey to be used as an alternative to sugar. Mr. Chairman, cost centre 35030, Co- Ed F acility, represents $3,254,000, or 13 per cent of the t otal budget, and provides funding for 39 staff and operational costs. This facility, with a capacity of 64, has separate and distinct provisions to house 32 adult females and 32 young male offenders between the ages of 16 and 21. The programmes provided are similar to other facilities, based on the assessment of needs and available resources. Young males can prepare for their General Education Diploma and gain skill s in carpentry and computer classes. The females are provided with computer classes. Sewing and cognitive programmes such as anger management and su bstance abuse are provided as well, Mr. Chairman. During the 2015/16 budget year, two inmates participated in the work release scheme and 90 per cent of the female inmates participated in community projects at Lorraine Rest Home and WindReach. The benefits, Mr. Chairman, of charity work are enormous to the community and also allow inmates to gain i nvaluable exp erience by giving back to the community. This initiative will continue during the current and f uture budget year. Key performance indicators for the [Co- Ed] Facility include: • to conduct random mandatory screening of at least 10 per cent of the population on a monthly basis; • to provide training and development to 75 per cent of the population to reduce the risk of reoffending; and • to minimise the risk of escapes from the faci lity by reinforcing controlled movement for i nternal and external escorts, and perf orming security checks as per policy.
Mr. Chairman, having said that, before I go on to the next line item, this might be a good time to a djourn for lunch.
The ChairmanChairmanIt is 12:26, Premier. Y es. Hon. Michael H. Dunkley: Okay. I will be going into cost centre 3506, Westgate Correctional Facility itself. So I move that we adjourn for lunch.
The ChairmanChairmanMr. Premier, I take your acknow ledgement that lunchtime is upon us. We will break for lunch now. There are approximately about 2 hours and 45 minutes left for the debate. The debate will end at 3:45 [sic]. We are currently on Head 25, and — Hon. Michael H. Dunkley: …
The ChairmanChairmanThis one here, this one here. The Clerk: Four forty -five.
The ChairmanChairmanThat’s right. 4:45. I am sorry, 4:45. Correct. And we will break for lunch now. Hon. Michael H. Dunkley: Thank you, Mr. Chairman.
The ChairmanChairmanPremier. [Gavel] 1454 11 March 2016 Official Hansard Report Bermuda House of Assembly Proceedings suspended at 12:27 pm Proceedings resumed at 1:59 pm [Hon. Dennis P. Lister, Chairman] COMMITTEE OF SUPPLY ESTIMATES OF REVENUE AND EXPENDITURE FOR THE YEAR 2016/17 MINISTRY OF NATIONAL SECURITY HEAD 25 —DEPARTMENT OF CORRECTIONS [Continuation …
The ChairmanChairmanThe [microphones] were off, just to reiterate for those listening on the radio, we are r esuming the debate on the Ministry Head of National Security. The Premier will lead the debate and we are on Head 25, which is Corrections. Hon. Michael H. Dunkley: I forgot where I was …
The [microphones] were off, just to reiterate for those listening on the radio, we are r esuming the debate on the Ministry Head of National Security. The Premier will lead the debate and we are on Head 25, which is Corrections.
Hon. Michael H. Dunkley: I forgot where I was so I am going to start all over again at the beginning.
The ChairmanChairmanWell, Mr. Premier, it was yours, Mr. Premier. [Laughter] Hon. Michael H. Dunkley: Mr. Chairman, just to r efresh where we were—
The ChairmanChairmanGo ahead, Mr. Premier. Hon. Michael H. Dunkley: I was on Head 35060, the cost centre for Westgate Correctional Facility. 35060—Westgate Correctional Facility Hon. Michael H. Dunkley: Mr. Chairman, the budget for this area in the coming financial year is set at $10,061,000, or 40 per cent of the total …
Go ahead, Mr. Premier.
Hon. Michael H. Dunkley: I was on Head 35060, the cost centre for Westgate Correctional Facility.
35060—Westgate Correctional Facility
Hon. Michael H. Dunkley: Mr. Chairman, the budget for this area in the coming financial year is set at $10,061,000, or 40 per cent of the total budget. The Westgate Correctional Facility, as all colleagues are aware, is an adult male establishment with the design capacity to house 208 prisoners in conditions of maximum and medium security, and represents over 60 per cent of the entire Department of Corrections. The majority of inmates fall within the medium s ecurity classification. The majority of assessment and treatment programmes for inmates take place at this faci lity. Mr. Chairman, I have gone through the var ious areas of Corrections, and let me just state for honourable colleagues, that at the present time, give or take a bit, because these numbers are not housing numbers for today, but the total capacity of the Corrections Department, as I just said, is over 300—
The ChairmanChairmanPremier, just a minute. If everybody could just check their [microphones], the system came back on for the [microphones]. Hon. Michael H. Dunkley: Thank you, Mr. Chairman.
The ChairmanChairmanYou can resume, Premier. Hon. Michael H. Dunkley: Thank you. So at the present time there are 182 people housed throughout the various Correct ions areas: CoEd has 12; the Farm has 33; Right Living House has 10; and Westgate has 127, for a total of 182. Mr. Chairman, one …
You can resume, Premier. Hon. Michael H. Dunkley: Thank you. So at the present time there are 182 people housed throughout the various Correct ions areas: CoEd has 12; the Farm has 33; Right Living House has 10; and Westgate has 127, for a total of 182. Mr. Chairman, one of the highlights from the last budget year was the department’s entry in the Bermuda Day parade and I think all colleagues can recall the wonderful float. Inmates, including those from the Lifeline Group, a support group for inmates serving life sentences, constructed a float representing Bermuda and it was entitled “An Atlantic Garden.” The float received the Ruth Thomas Heritage award and the Best Government Department award. Addi-tionally, the Lifeline Group continued the bike refurbishment programme and presented students from various schools with “new” bikes. I have been delighted to see this programme and all the other programmes, but two years ago I was at the Westgate Corrections Headquarters to take part in this presentation. It was just truly humbling to see inmates bursting with pride for fixing up the bikes and our young people bursting with pride to have their set of wheels. Mr. Chairman, the annual activities day for inmates and their children has been held prior to F ather’s Day the last couple of years and this is certainly a very good programme that the Commissioner’s co lleagues put on in fostering strong relationships b etween inmates and their children when quite often they do not have the opportunity because they are incarcerated. So I congratulate the Commissioner and his colleagues for all of these programmes which help to make life meaningful for inmates and all ow them to grow and to improve on how they conduct themselves. The Westgate Work Programme has now been extended to another community partner with a total of six inmates participating in 2015/16. Mr. Chairman, I take the opportunity on a regular basis to visit the Corrections facilities and I have to say for Honourable Members in this Chamber and for people of Bermuda who are listening, that I continue to be energised by the work that our inmates do, whether it is in the Farm Facility in the workshop down there which has sustained some damage from the hurricane but has been fixed up, or whether it is out in the gardens, or whether it is two inmates now who are over at the Co- Ed Facility and they take care of all of the gardens and all of the grounds and al l the painting— both of those inmates have done a fantastic
Bermuda House of Assembly job of keeping that facility in good condition; or it is inmates up at Westgate who get stuck in over there and they have a pretty good workshop up there and they fix up a lot of Government equipment that needs to be fixed up from the Parks Department or other areas. So thank you for all of the inmates for getting involved in those work programmes and the day r elease programmes that they do. And thank you for the Commissioner and his team for making it happen because obviously, Mr. Chairman, as you are well aware, these type of programmes take organisation, they take coordination, and they take resources to get the inmates to get off property in appropriate ways. So these are the really rewarding programmes that we have.
35090—Therapeutic Community Centre (TCC)
Hon. Michael H. Dunkley: Mr. Chairman, cost centre 35090, is on page B -284. The allocation for that cost centre is $1,284,000, or 5 per cent of the total budget. The Therapeutic Community [TC ] is also known as “The Right Living House” and is located on the nort hern perimeter of the Farm Facility and is a segregated residential Substance Abuse Programme with a c apacity to house 18 residents. The programme is de-veloped for adult male offenders w ith a history of substance abuse and associated criminality. The mission of the Right Living House is to provide a drug- free, safe, and structured environment characterised by two central qualities —mutual peer support and mutual peer accountability. The tr eatment environment is one where residents live and work together within a sup-portive and habilitative framework of mutual self -help. Residents move through three phases: Orientation, Primary Treatment, and Re -entry which transitions the offender through a n intensive 9- to 12- month treatment, wholly dependent upon their demonstrated clinical progress. Aftercare treatment is provided to residents once they leave the structured TC and while fulfilling the conditions of their sentence or parole. To date, Mr. C hairman, there has been an a verage of 12 residents in the Right Living House per month. The goal of the Therapeutic Community is to return residents to our broader community with an increased potential for a life free of drugs and crime by providing them an opportunity to realise their potential for change, as well as the inherent potential for health and success in every person. This funding pr ovides for staffing, operational costs and inmates’ pr ogrammes. During the 2015/16 budget year, residents participated in various community projects including: • Partnered with St. Paul’s Anglican Church in Paget and assisted with minor work on pr ojects at the church; • Assisted other Government departments i ncluding Marine and Ports and Department of Works and Engineering with road works; • Assisted on various projects at Serenity Palm Rest Home; and • Fifteen inmates have been involved in the Charity Work Release programme and one inmate has participated in Work Release. Mr. Chairman, Inmate Services and Pr ogrammes are alloc ated this year a budget of $1,284,000. Inmate Services and Programmes are designed to meet the needs of inmates that are ident ified in their individual case plans. The programme team is multi -disciplinary and provides various services and programmes. These include psychological, social and case management, health, educational, vocational, recreational, and chaplaincy programmes. Funding for inmate services is essential to the rehabilitation of inmates as the programmes provide val uable tools and resources f or offenders to assist them in returning to society as productive and contributing citizens.
35105— Psychological Services
Hon. Michael H. Dunkley: Mr. Chairman, cost centre 35105, still on page B -284, represents a budget of $429,000. This funding provides for salaries for three psychologists (including one temporary additional) who provide psychological services to offenders at each of the three facilities: Westgate, the Farm, and Co-Educational Facility. It must be noted that currently the department onl y has one psychologist; however, they are actively recruiting to the other posts. Mr. Chairman, I think we are probably aware from our time in public service that psychologists are difficult to retain in any position and we have been blessed to have some good psychologists within Corrections and we will go out and hire to meet that need as we move forward. One has just left us and we are actively recruiting. The psychologists complete various asses sments on offenders including assessments of criminogenic need (areas of risk associated with offending), emotional well -being, and adjustment. They also look at personality factors and cognitive functioning. The findings of these assessments assist in determining the holistic needs of the offender, they also deter mine motivation for change, treatment priority and treatment interfering factors, evaluating the best fit of treatment options, adjustment concerns, and risk management approaches. In addition to assessments, the ps ychologists focus on the provision of int ervention to meet offender needs. This can be both group and i ndividually based, utilising expertise in the application of research into what works with offenders. Interve ntions can include but are not limited to the following: Substance Misuse Programmes (i.e., Drug and Alc ohol Education); Drug and Alcohol Treatment and R e1456 11 March 2016 Official Hansard Report
Bermuda House of Assembly lapse Prevention; Violence Reduction Programme; Sexual Offender Programme, and Cognitive Skills Programme (Thinking for a Change). The psychologists bring an evidence- based approach to w orking with offenders which assists with making more objective and risk -focused decisions. Interventions can include but are not limited to: Drug Education, Short -term Substance Abuse Treatment and Maintenance, Violence Reduction Programme, Sexual Offender Programme, and Cognitive Skills Programme (Thinking for a Change). Mr. Chairman, the Sycamore Tree project has continued during 2015/16. This programme is a r estorative justice programme that brings together convicted offenders and unrelated victims from our co mmunity. The programme is facilitated by Prison Fe llowship Bermuda and comprises of eight sessions delivered once per week. Further development of the Restorative Justice initiative saw two inmates volu nteering to meet in a conference with members o f the community who had been directly affected by their offence. This programme is in partnership with the Bermuda Police Service and other agencies. The intent for the 2016/17 Fiscal Year is to deliver a variety of offending behaviour pr ogrammes/services to our inmates which will include: • Drug and Alcohol Treatment Programme; • Drug and Alcohol Education Programme; • Drug and Alcohol Relapse Prevention; • Violence Reduction Programme (VRP); • Individual Work and Assessment including Parole Board assessments, ment al health assessment, and one- to-one therapy; • Peer Support Groups/Lifers Groups; and • Restorative Justice Conferencing (in partnership with the Bermuda Police Service), which I just mentioned.
35106— Social Services and Case Management
Hon. Michael H. Dunk ley: Mr. Chairman, I now turn my attention to cost centre 35106, Social Services and Case Management, which represents a budget of $705,000, or 3 per cent of the total budget. Funding provides for staffing of two social workers and five case managers/asses sment officers and inmate pr ogrammes. The goal of this section is to improve the well - being of those inmates and trainees who have dev iated from the norms of society and are in dissension with the law. The department’s two social workers, who are members of the department’s multi - disciplinary team, assist inmates and trainees with offence- specific associated problems and help to address behavioural, social, and financial problems, as well as provide a variety of services to the inmates and trainees includi ng the following: • Anger Management —Controlling Anger and Learning to Manage It (CALM); • Parenting Programmes (Fathers and Children Together (FACT); • Job Readiness/Employment Assistance; • Housing; • Life Skills Training; • Risk Assessments; and • Individual Counsell ing, which includes: financial, stress, adjustment, coping and grief.
Key activities that took place during the 2015/16 Fiscal Year included: • Bridging the Gap IX was held at the Westgate Correctional Facility. This is a community reintegration fair aimed at bridging the gap between community services and Corrections. It provides offenders with an opportunity to learn about community resources prior to discharge and links offenders to resources such as employment agencies, potential employers, housing agenc ies, and support services. The fair continues to be a huge success and proves to be a benefit to those inmates who attend. • Father’s Day activities, as I mentioned earlier, were held for inmates housed at the Farm Facility and the Westgate Correctional Faci lity. The aim of these activities was to strengthen the relationship between fathers and their children.
Case Management, Mr. Chairman, is an int egrated system involving initial screening and asses sments, case planning and monitoring. Five case managers /assessment officers pr ovide case planning that is a key element in managing inmates as this process also ensures that inmates are placed in the appropriate environment for treatment; the main objective is always to prepare them to return to the community as law abiding, responsible, and productive citizens. Initiatives for 2016/17 include: • Bridging the Gap Reintegration Fair X; and • Reintegration programmes to assist inmates in reintegrating into society.
35107—Health Services
Hon. Michael H. Dunkley: Mr. Chairman, cost centre 35107, Health Services represents a budget of $1,505,000, or 6 per cent of the total budget. This funding will provide for staffing and health care services for inmates. Health care services include: • Physical examinations; • Dental tre atment and hygiene; • Chronic disease management —diabetes, asthma, hypertension; • Physiotherapy; • ECG; • Phlebotomy; • Drug detoxification; and • Drug screening.
Bermuda House of Assembly Health Services is staffed by a senior nurse and five registered nurses providing services to the inma te population at all of the facilities. The extent of services, i.e., basic to comprehensive are provided to inmates is based on the inmate’s level of need and length of incarceration. All inmates are seen upon r eception by a registered nurse within a 24- hour wi ndow. This process assesses the initial physical and mental health of all inmates who are received at the Co-Educational and Westgate Correctional facilities, our main reception facilities. The mission statement of Health Services is To respect human dignity and pr ovide the highest standard of health care within the correctional setting. The correctional medical officer, Mr. Chai rman, usually sees the inmate within three to seven days after his or her arrival, and the psychiatrist sees those persons assessed by the nurse or doctor within one week. Some highlights from 2015/16 include: • Implementation of an assertive outreach pr ogramme for mental health clients. This i nvolved follow -up of clients up to one month after release. • Also there has been a com pletion of the 15 th annual Oral Hygiene programme in which 16 inmates participated. There have been ap-proximately 500 inmates who have completed the programme since its inception in 2000.
Some of the targets for Health Services in 2016/17 are as follows: • Reintroduction of HIP health insurance for i nmates. It is intended that this will reduce the risks and costs of unpredictable health care expenses and the overall healthcare budget. • Prior to their release, 100 per cent of mental health inmates are to be s een by the MidAtlantic Wellness Institute. • Implementation of an electronic medical r ecords system. • Continue Mental Health Clients in Corrections (MHCC) meetings with external partners such as Mid- Atlantic Wellness Institute, Court Services, and Parole Board. This target was met during the previous fiscal year. • Certification of up to 25 per cent of inmates in Basic Life Support including CPR, AED, and first-aid. Two nurses have now been certified as CPR instructors. • And there will be a continuation of the A nnual Summer Oral Hygiene Programme which is a joint initiative between the Department of Corrections and the Department of Health.
35108— Educational Services Hon. Michael H. Dunkley: Mr. Chairman, I turn my attention to cost centre 35108, Educational Services, still on page B -284, which represents a budget of $300,000. This allocation provides for salaries and educational supplies. Educational Services provide the educational programmes at all Correctional Facil ities to those inmates who wish to pursue t heir General Education Development Certificate, as well as to those who wish to strengthen basic numeracy and literacy skills. Educational Services are designed to enable inmates or trainees to achieve a higher level of education, enables inmates and trainees to participate in other programmes, daily life activities, and to pr epare themselves for a vocation. The Educational C oordinator assesses each of the inmates or trainees in order to place him or her in the most suitable ac ademic or basic programme. A r ange of educational programmes are offered for inmates and trainees and they include: • Basic English; • Basic Math; • Basic Computer Skills; • Social Science; • General Education Development Certificate (GED); and • College Level Courses.
During the Fiscal Year 2015/16: • A personal development class was taught to nine inmates at the Co- Ed Facility to help develop skills in the areas of self -esteem and self-presentation; • Eight soon- to-be released inmates partic ipated in the Fresh Start class, which is de-signed to provi de them with coping skills; • Sixty inmates participated in all classes offered and while many have completed some classes and programmes, others are diligently continuing. Mr. Chairman, these numbers take into consideration that some inmates are i nvolved in more than one class; • A new online testing format for the GED has been developed and the Bermuda College has worked closely with the department to e nsure that the inmates have secured access to the new format. This new testing format has not been without a number of technological challenges and impacted the GED pass rate; however, Mr. Chairman, I am pleased to say that four inmates have been working diligently throughout this new process and thus far one inmate has been successful in attaining his General E ducation Development Certificate.
I would like to thank Shawnette Somner and her team for the great work that they do in this d epartment. Classes that were held in 2015/16 will continue to be held in the next 2016/17 Fiscal Year. 1458 11 March 2016 Official Hansard Report
Bermuda House of Assembly During the 2016/17 Fiscal Year, Corrections will endeavour to implement the E -Learning pr ogramme for inmates. With the assistance of an external benefactor, this programme will allow inmates to take pre- approved high school and college level courses.
35109— Vocational Services
Hon. Michael H. Dunkley: Mr. Chairman, I turn now to cost centre 35109, Vocational Services, which represents a budget of $299,000, or 1 per cent, of the total budget. Vocational Services functions as an integral part of the programmes and services afforded to i nmates and trainees. These services are designed to assist inmates/trainees in pursuing vocational interests with a view to increasing their employability upon release. Persons enrolled in such programmes may develop new, or enhance old, skills. Additi onally, persons may engage in vocational classes for therapeutic or personal interest purposes. Funding allocated for this cost centre provides for staffing and vocational programmes, including in this some materials and supplies. The vocational programmes and services that are offered in the next fiscal year at Westgate, Farm, and Co- Educational facilities are based on the population and needs, and include Horticulture, Graphics, Carpentry, Life Skills, Sewing, Crochet, Correspondence/Distance Learning Courses, Culinary Arts, and Drywall, Mr. Chairman. Highlights from the 2015/16 Fiscal Year i nclude: • The department hosted two craft markets at which inmates were allowed to display and sell their craft items. These markets gener-ated great interest from both t he public and visitors to the Island. • Certificate presentations were held for i nmates who completed the Culinary Arts pr ogramme, the Graphics Course, NCCER Core, and NCCER programme. • The students who completed NCCER Core are now participating in the NCCER Drywall programme.
The vocational classes are designed in wor kshop, classroom, and independent/self -study formats. Participants are assessed for baseline skill and apt itude levels, and further assessment is conducted during or at the completion of each pr ogramme as necessary. Mr. Chairman, inmates participating in voc ational programmes have assisted with the maint enance, repair, and the fabrication of departmental property. This affords the department expansive services at a very low cost with good, skilled labour. The prioritised initiatives are not only targeting vocational skill development, but are also intended to generate internal and external resources and create revenue generating products.
35110—Recreational Services
Hon. Michael H. Dunkley: Mr. Chairman, cost centre 35110, Recreational Services, represents a budget of $49,000. The role of recreation services is to provide structured leisure time activities in sports, hobbies, and cultural events at Westgate, Co- Ed, and Farm facilities to promote constructive leisure time activities for offenders. Allocation of funds will provide for activ ities such as: Art, Ceramics, Wood Sculpture, Sports and Penn Foster Correspondence Courses (amongst them, Health and Fitness). This also includes the organising of annual Arts and Crafts shows to display inmate/trainee artwork to the public. The aim is to a ddress the inmates’ social, physical, intellectual, and emotional needs in socially useful ways according to their interests. The facilitation of daily recreati on for all the facilities is currently being managed by the individual facilities and incorporated into the daily operations.
35111—Chaplaincy Services
Hon. Michael H. Dunkley: The last item on page B - 284, Mr. Chairman, 35111, Chaplaincy Services, repres ents a $41,000 budget for Fiscal Year 2016/17. This funding provides two part -time chaplains who continue to offer spiritual enrichment and, of course, guidance to our inmates. The chaplains coordinate services and religious instruction from the various d enominations and also provide counselling to inmates. Prison Fellowship, whose focus is on restorative justice and religious programming, continues to partner with the Department of Corrections in providing pr ogrammes for inmates. Some of these programmes include: • Angel Tree Programme, which provides Christmas gifts for children of inmates; • Back to School Programme, which supports children of inmates to acquire necessary r esources and tools for school.
Recruitment, Training and Development
Hon. Michael H. Dunkley: Now, Mr. Chairman, I will turn my attention to recruitment, training, and devel-opment. The Department of Correction’s strategy for the fiscal year is to limit training to the local arena in order to best utilise resources and be efficient with allocated funding. Highlights of the 2015/16 Fiscal Year includes the initial recruit training of 10 correctional officers (r ecruits) and subsequent deployment to facilities to fill vacancies that have arisen due to retirements and/or resignations. These off icers were a welcome addition
Bermuda House of Assembly to facilities which in some cases were well below their authorised staffing levels.
Performance Measures
Hon. Michael H. Dunkley: The department’s performance measures forecasted for 2016/17 are out-lined on pages B -286 and B -287 and include some information that is useful: • The average daily inmate population; • There were 72 admissions for the year which were first -time offenders who received cust odial sentences and this represents a decrease of 25 per cent from the previous y ear; • The forecasted outcome of inmates released on parole is 35. To date, 36 inmates were successful in receiving parole. Mr. Chairman, as you are well aware, parole provides an o pportunity for inmates to return to the comm unity under supervision and to receive the necessary support during their re- entry; • There were no assaults (major/minor i nmate/inmate, inmate/officer or trainee/trainee) reported for the 2014/15 Fiscal Year, Mr. Chairman. It must be noted that staff are chal-lenged constantly by inmates’ n egative behaviour and the department has a zero tolerance to any assault of any category; • Mr. Chairman, there were 707 inmates enrolled in development and treatment pr ogrammes aimed to address the offending behaviours, address educational and vocational needs, and to improve skill development; • The Department of Corrections calculates its recidivism rates according to internationally accepted practices. Based on these sta ndards, the rates include persons who have a conviction for a new offence within one, tw o and three years of their release. The actual outcome for 2014/15 is as follows: o Year 1 was 14.37 per cent; o Year 2 was 21.84 per cent. These are, I think, commendable numbers and certainly trending in the appropriate direction.
Mr. Chairman, I want to t ake this opportunity to highlight some of the department’s achievement in 2015/16: • Continued use of the video conferencing at Westgate Correctional Facility has not only assisted in reducing the number of staff r equired for external court escorts during monthly arraignments, but perhaps more i mportantly, it allows more efficient management of inmates with gang affiliations during their court appearance via video conference. • Staff training hours totalled approximately 5,939. Training was external and interna l and included, but was not limited to the following: o Introduction to new policies; o Use of the CCTV cameras (and there has been a reinvestment in those over the past year and that conti nues); o Facilitator Training for Offending B ehaviour Programmes; o Saving Children and Revealing S ecrets (SCARS) training; o CPR and AED (which I mentioned previously); o Baton Training/Defensive Tactics Training; o Various Department of Human R esources training courses; and of course, appropriately needed o Understanding the Therapeuti c Community.
• In June 2015, Mr. Chairman, the department held its 2 nd annual Corrections Week (2015). A number of activities took place during the week to better educate the public on Corrections in Bermuda, and, of course, to celebrate all Corrections staff and showcase and cel ebrate the vital role they continue to play in our community. • The department remains heavily engaged in community service and charity work. In addi-tion to having inmates work at senior citizen rest homes and charities, inmates have a ssisted other government departments, such as Parks and Works and Engineering, and community groups throughout the Island. A dditionally, inmates have assisted in several projects within our facilities, such as painting and general maintenance. • Mr. Chairm an, as you can imagine, security is a major focus of our operations and we constantly endeavours to improve security measures to combat breaches. o A new specialised security vehicle was introduced to our fleet and has greatly benefited the department in improved security and safety of staff, inmates, and the public in general. o As I mentioned, there have also been upgrades to the CCTV system with Phase 1 completed and Phase 2 at 80 per cent completion. o The Co- Ed main security gate has been completed which has greatly improved the security of the facility and will limit access to the property. o Portions of the Westgate fire alarm system were replaced due to health 1460 11 March 2016 Official Hansard Report
Bermuda House of Assembly and safety concerns and that pr ogramme continues.
Mr. Chairman, despite the many challenges faced by the Department of Corrections, staff remain dedicated and seek ways to address those chal-lenges, including working with union representatives and other stakeholders and partners in order to achieve our mission and mandate. • Security breaches remain a concern as there have been breaches to the outer perimeter that have been intercepted by Corrections staff. • Maintaining staffing levels due to resignations and retirements. And the department has taken advantage of legislation which allows officers to be extended in service based on the needs of the department. • Management of high- risk inmates, particularly those with gang affiliation, tends to be a challenge.
Mr. Chairman, the Department of Corrections will undertake the following Initiatives for the 2016/17 Fiscal Year (and this is not all -inclusive): • There will be a manning review of the depar tment’s staffing levels to ensure that staff deployment is consistent and allows facilities to run effectively in a secure and safe manner. • There will be finalisation of new management structure, implementation of succession pla nning, and development of a training plan for the department. • There will be completion of a structural review of the physical plants which will assist in d etermining long- term management and maint enance of the physical plants and equipment. This will be done with the assistance of the Department of Works and Engineering. • Mr. Chairman, all programmes including i ndustries and work programmes and facility r egimes will continue to be examined and r evamped as necessary to ensure that those programmes are relevant and a sufficient level of quality is maintained in them. Changes will be made to the facility operations to improve the daily regime of inmates, particularly for the long-term inmates and young offenders. • Mr. Chairman, activities are being planned to celebrate Corrections Week 2016. This will be the third year that that will be celebrated. • We will continue to work to expand work r elease opportunities for qualified inmates at Westgate.
Mr. Chairm an, with those comments I would like to now close by thanking Commissioner of Cor-rections Lamb and all his colleagues for the work that they do 24/7/365 for the people of Bermuda. HEAD 45 —BERMUDA FIRE AND RESCUE
Hon. Michael H. Dunkley: I will turn my a ttention now to Head 45, Bermuda Fire and Rescue Service, Mr. Chairman. It can be found on pages B -288 to B -290 of the Budget Book. I present this Head proudly as a long- time volunteer in the Bermuda Fire Service (in those days). And I still remember a lot of the skills, and I still recall the time that I had to do my ladder training and being afraid of heights at certain moments. I am pleased to have the opportunity to pr esent this budget estimate for Head 45.
ANNOUNCEMENT BY CHAIRMAN
HOUSE VISITOR
The ChairmanChairmanI would like to take this opportunity to recognise the former Premier, Dr. Saul, with us here today. He is undercover with that little bit of a mous-tache and beard, but . . . [Desk thumping] [HEAD 45 —Bermuda Fire and Rescue, continuing] Hon. Michael H. Dunkley: Mr. Chairman, the …
I would like to take this opportunity to recognise the former Premier, Dr. Saul, with us here today. He is undercover with that little bit of a mous-tache and beard, but . . .
[Desk thumping]
[HEAD 45 —Bermuda Fire and Rescue, continuing] Hon. Michael H. Dunkley: Mr. Chairman, the mission of the Bermuda Fire and Rescue Service (BFRS) is: “To provide adequate fire protection and emergency medical services for all areas of these islands. To extinguish fires, protect life and property in case of fi re, road traffic accident, or other calamity as defined by the fire service act or subsequent regulations.” It also provides Airport Rescue and Fire Fighting [AARF] at the L. F. Wade International Airport. The department’s objectives for Fiscal Year 2016/17 are among the following: • To implement a Home Fire Service pr ogramme; • To implement the new Fire Safety Act, which was passed in this House after going through I think at least 14 drafts; • To continue re- certification in aircraft fire fighting for personnel attached to the Airport O peration Division; • To continue core competency skills training programme to all operational fire fighters; • To continue Leadership training courses for middle managers; • To continue training courses for succession planning for senior managers; • To continue with specialised training for fleet maintenance and the repair of the airport crash/fire apparatus; • To re- validate all Emergency Medical Di spatchers in accordance with the Association
Bermuda House of Assembly of Public Safety Communication Officials (APCO); • To provide specialised Leadership Training courses for middle management officers; • They will also focus on specialised technical training for middle management officers (in areas where they need to improve slightly); • They will continue with training cours es for senior management to assist with a view for succession planning; • The will implementation of Phase I of the organisational structure and staffing of the Bermuda Fire and Rescue Service; and • There will be installation of mobile data term inals in five fire apparatus.
Mr. Chairman, I am pleased to provide a short overview of the cost centres and their changes for 2016/17 as it compares to 2015/16. The Bermuda Fire and Rescue Service Budget allocation is $12,506,000 and can be found on page B -288, and this represents a decrease of 4.6 per cent. Due to budget reductions, the Bermuda Fire and Rescue Service has made the appropriate adjustments in most of its cost centres to attempt to work with the budget. I will highlight some of the most not able changes.
55080—Other Services Central
Hon. Michael H. Dunkley: Cost centre 55080, Other Services Central, has a budget of $277,000. This cost centre is responsible for the maint enance of all Bermuda Fire and Rescue Service veh icles and equipment. This division c onsists of four personnel who have the task to ensure that all emer-gency vehicles and related equipment are maintained to manufacturer and, of course, recognised safety standards. Funding in this cost centre also includes cost for the service’s cook who pr ovides meals to staff weekdays and during emergencies. This cost centre has been increased by $8,168, which also represents a slight increase in the region of 3 per cent.
55060—Central Emergency Fire Service
Hon. Michael H. Dunkley: Cost centre 55060, C entral Emergency Fire Service has a budget of $5,468,000. The Central Emergency Fire Service cost centre covers the provision of Fire and Emergency Ser-vices from the Hamilton Fire Station, a short distance from here in King Street. This station responds to fire, road traffic accidents, and hazardous material inc idents, and also provides support to all the other fire stations in the east and the west when it is required. The Hamilton Station has a total of 56 personnel, 24/7, with a four -shift system. This c ost centre has been increased by $111,435, which represents a slight 2 per cent increase.
55070— Emergency Medical Service
Hon. Michael H. Dunkley: Cost centre 55070, Emergency Medical Service, has a budget of $157,000. This cost centre, Mr. Chairman, sol ely repr esents salaries allocated to the chief fire officer for the overall operational management of the Bermuda Fire and Rescue Service.
55090— St. George’s Emergency Fire Services
Hon. Michael H. Dunkley: Cost centre 55090 is the St. George’s Emergenc y Fire Services with a budget of $1,204,000. The St. George’s Emergency Fire Services cost centre covers the provision of Fire and Emergency Medical Services for the Clearwater Fire St ation, located at Southside in St. David’s. This station responds to emergency medical, fire, and hazardous material incidents, as well as provides support to the Airport Operations Division of the Bermuda Fire and Rescue Service for any aircraft incidents. The Bermuda Fire and Rescue Service has partnered with Bermuda Hospita ls Board to continue to provide the Island- wide joint ambulance initiative. You will recall, Mr. Chairman, that this initiative started in January of 2015. This division has a total of 13 personnel provi ding 24/7 emergency coverage on a four -shift system as well. This cost centre has decreased by $122,869. Mr. Chairman, before I move on, I would just like to mention the Emergency Ambulance Service has covered the Island from the east to the west, and I think that so far it has been a great additional servic e to Bermuda. And I have to commend the officers of the Bermuda Fire and Rescue Service and those at the hospital for working seamlessly together to i mprove emergency service to the most extreme pos itions of the Island in a very cost -effective manner.
55100— Emergency Medical Services
Hon. Michael H. Dunkley: Emergency Medical Services, cost centre 55100, Mr. Chairman, has a budget of $65,000. And in contrast to the centre that I just finished talking about, this allocation covers the purchase of emergenc y medical supplies for the Bermuda Fire and Rescue Service. This cost centre has not increased in comparison to the 2015/16 budget. It is anticipated that this cost centre may increase slightly in the next fiscal year due to further changes within the Isla nd-wide joint ambulance initiative.
55120—West End Emergency Fire Service
Hon. Michael H. Dunkley: Cost centre 55120, West End Emergency Fire Service, has a budget of 1462 11 March 2016 Official Hansard Report
Bermuda House of Assembly $903,000. And this cost centre covers the provision of services from the Port Royal Fi re Station, up in your home country, Mr. Chairman, located at Middle Road in Southampton. This station responds, like others, to emergency medical, fire, and hazardous material calls and does provide support, when required, to the Hamilton and Clearwater S tations for emergencies. This station has a total of nine personnel providing 24/7 coverage on a four -shift system. And the way, typ ically, that these stations provide support is if Clearw ater is called out for something, Hamilton resources will shift east and the same with the west end resources. So if members of the public see a vehicle in the Shelly Bay parking lot, that is what they are doing, they are shifting —or down by the Rubber Tree.
[Inaudible interjection] Hon. Michael H. Dunkley: They are not hanging out, well, they are hanging out, but they are doing a very important service.
55150—Training
Hon. Michael H. Dunkley: Mr. Chairman, cost centre 55150, Training, has a budget of $113,000. Funding allocation in this cost centre represents costs ass ociated with the further development of officers and NCOs throughout the various divisions of the Bermuda Fire and Rescue Service. In February 2014, four officers successfully completed the National Fire Protection Association, Fire Officer Level 1 Manag ement Course at the Dallas Fort Worth Fire Training Research Center, which is a wonderful facility. These various development programmes are designed to prepare officers and NCOs for further promotion within the Service. This cost centre has been decreased b y $45,000 for the next fiscal year.
55030—Fire Prevention Training
Hon. Michael H. Dunkley: Cost centre 55030, Fire Prevention Training, in contrast to the just mentioned cost centre, this allocation covers the training costs for the Fire Prevention Divi sion which consists of three lieutenants. Mr. Chairman, the Fire Safety Act 2014 was passed in Fiscal Year 2014/15 and it is expected that it will eventually generate revenue in 2016/17 for new licensing fees, which are at an appropriate level. The Fire Pr evention Division also hosts the yearly Fire Prevention Week which promotes fire awareness in schools and the community. Mr. Chairman, one of the keys for the Bermuda Fire and Rescue Service has been fire preve ntion and fire training, which they continue t o do a good job of to protect our community.
55170—General Administration Hon. Michael H. Dunkley: Cost centre 55170, Ge neral Administration, has a budget of $930,000. And as the name suggests, it provides for general administr ation at the Southside Hea dquarters and the Hamilton Station. The General Administration section ensures that the entire operation of the Bermuda Fire and Rescue Service are managed professionally; namely, the budget, salaries, inventory, and staff leave. This cost centre currently has seven personnel.
55190— Emergency Dispatch
Hon. Michael H. Dunkley: Cost centre 55190, Emergency Dispatch, Mr. Chairman. This cost centre pr ovides Emergency Dispatch coverage for all 911 emergency calls covering all of our nine parishes. This cost centre has 14 personnel. Each year all emergency medical dispatchers are required to be re- validated in accordance with the Association of Public Safety Communication Officials (APCO).
55200— Airport Fire Station
Hon. Michael H. Dunkley: Cost centre 55200, Airport Fire Station, has a budget of $2,572,000, and this provides Airport Emergency Rescue and Fire Fighting Services at the L. F. Wade International Airport, as is prescribed, Mr. Chairman, by the Overseas Territories Aviation Requirements [OTAR], Part 140, and the Bermuda Department of Civil Aviation. This cost centre has 24 personnel. Additionally, this cost centre was reduced by $617,357 which represents a 19.35 per cent reduction.
55110— Eastern Volunteer Division
Hon. Michael H. Dunkley: And lastly , cost centre 55110, Eastern Volunteer Division, has a small budget of $7,000. Funding in this cost centre represents costs associated with the Eastern Volunteer Division which currently consists of seven volunteer fire fighters. And these volunteers conti nue to support the full -time staff during emergency incidents and they provide a very valuable service in particular when there are aircraft incidents or hurricanes.
Capital Expenditure
Hon. Michael H. Dunkley: Mr. Chairman, on page C - 14, Capital Expendi ture, you will note that there is no expenditure required for the next fiscal year.
Manpower Hon. Michael H. Dunkley: In regards to Manpower, the full -time complement has decreased from 133 in 2015/16 to 128 personnel for the next financial year. This new complement represents unfilled and u nfunded posts in addition to loss through attrition, r eBermuda House of Assembly tirement or, unfortunately, death. Notwithstanding, the Fire Service has recruited six fire fighter positions during the fiscal year 2015/16.
Performance Measures
Hon. Michael H. Dunkley: Mr. Chairman, the D epartment’s Performance Measures can be found on page B -290. Members will note that the Output Measures in the Budget Book are presented in sequential order by cost centre. I would just highlight a few not able achievements that you have seen there. The average response time per call is seven minutes, which I think is very good. If you look through those performance measures you can see some i nteresting numbers on the East End Emergency Fire, West End Emergency Services, and the Emergency Dispatch and the Central Emergency, about the percentage of calls and numbers dealing with that. They have information on the Airport Operations Division as well as Medical Dispatch. Mr. Chairman, in 2009 the Bermuda Gover nment requested the services of the Office of the Chief Fire and Rescue Advisor (United Kingdom) and this was done to conduct a review of the Bermuda Fire and Rescue Service. The review was completed and a report was prepared and approved by Cabinet a couple of years ago. The Chief Fire Officer in conjunction with the Ministry of National Security has deve loped a strategic plan which is ongoing. The Service continues to encourage its personnel to undergo career development and skill cert ification opportunities bo th locally and abroad, where appropriate. During the past year, the following per-sonnel have successfully completed the respective training: • Senior Fire Officer Lieutenant Troy Furbert completed the International Brigade Command Course. • Fire Fighter Mark P acheco, I believe whose father used to be the Deputy Chief, and Fire Fighter Phillip Bailey, attended the International Fire Training Centre in the UK, and successfully completed the Crew Command— Incident Command Course. • Lieutenant Mark Taylor and Sergeant Robert Fox travelled to Dallas, Texas and received international certification as Fire, Arson, and Explosion Investigators from the National A ssociation of Fire Investigators. • Lieutenant Albert Donawa, Sergeant Scott Quinn, and Sergeant Allan Wilkinson s ucces sfully completed the National Fire Protection Association, Fire Officer Level 1 Management Course at Dallas Fort Worth Fire Training and Research Centre. • Divisional Officer Morris White and Divisional Officer Dana Lovell travelled to Hanover, Germany to attend the Interschultz Interna-tional Exhibition for rescue, suppression, di saster management, and fire safety. This is the largest event of its kind and is only held every four years. • Watch Commanders David DeCouto and Damon Smith, Fire Fighters Dwight Tucker, Phillip Bailey, Paul Hollis, and David Lambert successfully completed Aircraft Rescue Fire Fighting Re- certification Course at the Fire Emergency Services Training Institute in T oronto, Canada. • In October 2015, seven Recruit Fire Fighters attended the Fire Emergency Services Trai ning Institute in Toronto, Canada and received National Fire Protection Association Certific ation as Aircraft Rescue Fire Fighters, and after further additional examinations, they all earned three professional accreditations from the Institute of Fire Engineering, a first for any Recruit Class.
Mr. Chairman, I pleased to advise that six personnel are continuing with their aspirations of working towards achievement of Bachelor’s Degrees in Fire Science and Management discipl ines via longdistance learning. To date, one officer has attained a Master’s Degree in Public Administration, and a Bachelor’s Degree in Fire Science. One officer will soon attain a Bachelor’s Degree in Occupational Safety and Health Fire Science with a c oncentration in Fire Science, and another a Master’s Degree in Public Administration. Mr. Chairman, as Honourable Members of this House are aware of the fiscal challenges we face, the Bermuda Fire and Rescue Service will continue to endeavour to provide emergency services at the hig hest standard of operational efficiency. The dedication of the entire team, led by Chief Lloyd Burchall, has been confirmed on numerous occasions by letters of appreciation from members of the community for the emergency services and community service efforts. So I would like to take this opportunity to thank and congratulate Chief Fire Officer, R. Lloyd Burchall and all of the members of this Service for their continued efforts on behalf of the people of Bermuda. And Mr. Chairm an, I can personally tell stories where I have been [contacted] directly by members of the public and overseas people commending the Bermuda Fire and Rescue Service for the work that they have done. So, Mr. Chairman, that concludes my comments on the Bermuda Fire and Rescue Service, Head 45. We are in the final Head, Head 88, the D epartment of National Drug Control.
HEAD 88 —DEPARTMENT FOR NATIONAL DRUG CONTROL
1464 11 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: Again, I am pleased to present the current accounts estimate for the Depar tment for National Drug Control (DNDC), which can be found starting on page B -291 of the Estimates Book. The department has been allocated the sum of $4,179,000, which is an increase of $258,000. The Department for National Drug Control plays a key role in the Ministry for National Security with respect to addressing one of the foremost social issues affecting Bermuda today —substance misuse and abuse. The Department for National Drug Control provides leadership and policy coordination for the planning, development, implementation, and evaluation of a comprehensive national system of alcohol, tobacco, and other drug prevention. It also provides treatment and rehabilitation services. In its leadership role, the Department for National Drug Control is charged with facilitating collaboration with all agencies involved in the national drug control effort, including supply reduction and demand reduction efforts. The department is also responsible for establishing targets and standards of performance for initiatives suppor ting the National Drug Control effort. Subsequently, the mission of the department is to lead efforts to reduce alcohol abuse and drug misuse. The strategic goal of the department is to advocate for the adoption of effective measures to sup-port substance abuse prevention and treatment of drug dependence on the Island, and the employment of a balanced approach to supply and demand reduction efforts. In support of the strategic goals that the DNDC lays out, such as: a) They will be guided by the Nat ional Drug Control Master Plan, the DNDC will coordinate the development, management, implementation, and the monitoring and evaluation of all n ational -level drug control efforts including the formulation and implementation of national drug control policies and national strategies, incorporating supply and demand reduction activities through a balanced interagency/departmental approach; b) It will strengthen and develop sustainable drug prevention and drug treatment services by providing policy direction and t echnical oversight guided by the National Drug Abuse Prevention and Treatment Strategies; c) It will continue the development and maint enance of the National Drug Information Network (BerDIN) to provide comprehensive i nformation on the drugs phenomenon in Bermuda and drug- related issues affecting specific community groups and the overall soc iety; and finally,
[Mrs. Susan E. Jackson, Chairman] Hon. Michael H. Dunkley: Mr. Chairman, as we change and have Madam Chairman— d) To provide support, advocacy, and resources to stakeholder ministries, departments, and community partners to enhance efforts in achieving goals in the National Drug Control Strategy. The DNDC manages and administers both grant funds to partner agencies providing prevention and treatment servic es as well as a budget for core administration functions, drug prevention, drug treatment, community development, and, research/policy initiatives. Funds are also allocated to assist in the implementation of the National Drug Control Master Plan and its ac tions. The department has 27 staff. The National O ffice is presently staffed by a director, six technical off icers, and one full -time administrative staff. Direct staf fing support to the Nelson Bascome [Centre for Substance Abuse Treatment] facility in the West End is provided by 19 clinical and support posts currently assigned to the Women’s Treatment Centre and, of course, to the Men’s Treatment Centre, Madam Chairman. There are currently six vacancies within the treatment programmes. All vacancies have b een approved and will be filled permanently within the fiscal year 2016/17. Over the next fiscal year the DNDC plans to do this among other things: • To continue to monitor active initiatives ident ified within the revised National Drug Control Master Plan 20 13–2017, and to provide an update to the public on relevant activities, progress and challenges. • It will continue to promote and disseminate public information about the health and social consequences of alcohol, tobacco, and drugs via all forms of media t hrough March 2017 i ncluding Facebook, YouTube, and text messaging. • They will continue the implementation of drug prevention programmes, such as Al’s Pals and Teen Peace, in collaboration with the Ministry of Education which is supported in the National Prevention Strategy. • They will continue to train educators and retrain those currently staffed to ensure the f idelity of the programme and its continued i mplementation. • They will continue on the National School Drug Policy to assist in the management of drug- related issues within our schools. • They will operate the male and female res idential drug treatment programmes at the Nelson Bascome [Centre for] Substance Abuse Treatment facility. • They will ensure that both programmes in the Nelson Bascome [Centre for] Substance Abuse Treatment facility continue with their i nBermuda House of Assembly ternational accreditation with CARF International as per the National Drug Control Act 2013. • They will develop and implement regulations addressing licensing and registration for drug treatment and drug prevention facilities to support that Act. • They will continue to lead efforts in impl ement ing initiatives to address underage drinking, Madam Chairman; and • They will support efforts to address drunk/drugged driving through DUI programming following nec essary changes to the legislation.
Key policy focuses will be on alcohol abuse and road safety (driving under the influence) with a continued emphasis on the underage drinking and on a National School Drug Policy. Key legislative initiatives will include amendments aimed at the management of drunk or drugged driving and synthetic cannabinoids, along with the i mplementation of regulations to support the Liquor Licence Amendment Act 2014 as it relates to TIPS and to the NDC Act 2013 as it relates to licensin g and re gistration of facilities, centres, and programmes. Madam Chairman, during the Fiscal Year 2015/16, the DNDC concentrated its efforts on the continued implementation of the National Drug Control Master Plan, its Action Plans, and the implementation of elements of the Demand Reduction Strategies for Prevention and Treatment in alignment with the NDC Act 2013. They have achieved much during that time, Madam Chairman, they have: • Continued the implementation of the After - School Drug Prevention Programme for mi ddle schools, called “Teen Peace” at four mi ddle schools. • They have continued with the Al’s Pals pr ogramme in collaboration with the Department of Education, with the majority of public and private pre- school teachers and P1 and P2 teachers in the public schools, providing the programme in their classrooms. Approx imately 237 students across 8 of the 10 Gov-ernment pre- schools have participated in this programme. • They have continued with drug prevention education and training with: presentation on synthetic drugs; education of parents and young people about the facts of marijuana and the negative consequences of adolescent marijuana use; and the displays of drug facts in public buses. • They have continued the provision of residential substance abuse tr eatment for adult males and females at the Nelson Bascome [Centre for] Substance Abuse Treatment facility. • They provided supportive housing for females through the Women’s Treatment Centre for nine clients, while supportive housing for males continued to b e provided by Focus Counselling Services who have been assisted by a grant dispersed by the DNDC. • The Men’s Treatment programme, Madam Chairman, is located in the Nelson Bascome [Centre for] Substance Abuse facility and has achieved their accreditation. The Women’s Treatment Centre and the Bermuda Hospital’s Board, Turning Point Substance Abuse Treatment Programme have maintained their accreditation status of a three- year award. CARF Accreditation is spearheaded and funded by the DNDC in support of the Mast er Plan. • They continue with solid working relationships continued with the Bermuda Police Service and HM Customs as partners in the National Drug Control Master Plan. • The Bermuda National Drug Information Network (BerDIN) continued with the collection of data from key stakeholders. Cabinet has approved the implementation of the data management system to be implemented to en-hance the data collection and analysis process for all stakeholders. Phase I went live at the end of January 2016 and it is hoped that Phase II will be completed in 2016/17. The annual BerDIN meeting was held with all network members in November 2015. This an-nual event, Madam Chairman, has greatly i ncreased understanding and information sharing within the network. • They continue with consumer satisfaction surveys, stakeholder feedback surveys, and quality records reviews which were completed within the DNDC, Women’s Treatment Centre, Men’s Treatment Centre, and the Right Living House under Corrections. • TIPS Regulations were developed and pr ovided for drafting with the Attorney Generals Chambers, and work has commenced on the development of regulations to guide licensing and registration of substance abuse treatment centres/facilities. And finally, Madam Chairman, the DNDC pr ovided grants to five stakeholder agencies to support the efficient and effective delivery of prevention and treatment services. Agencies included: PRIDE, CADA, Focus Counselling Services, Salvation Army Harbour Lights/Salvation Army Community Life Skills, and the Bermuda Addiction and Certification Board (BACB). Funding was sourced from fiscal year 2014/15 and no funding was made available in fiscal year 2015/16, but money was given out of Cash Back [for] Communities. 1466 11 March 2016 Official Hansard Report
Bermuda House of Assembly Madam Chairman, I am pleased to be able to provide an analysis by cost centre of the changes for 2016/17 compared to 2015/16.
98000— Administration
Hon. Michael H. Dunkley: Administration, the est imate for 2016/17 is $960,000, an increase of $283,000 over the previous year. Administration obviously provides the organisational framework in support of the mission and mandate of the department. Its resources are aimed primarily at recurrent expenditures and Grants and Contributions to the treatment and prevention pr ogrammes. [An amount of] $677,000 of the $960, 000 covers employee expenses and other operational expenses. The 42 per cent increase in this cost [centre] is representative of funding provided for grants in the amount of $283,000. You can see in the Budget Book the successful implementation of the admi nistration functions will be based on the performance measures that are listed.
98010—Community Development
Hon. Michael H. Dunkley: Community Development, line item 98010, on page B -291, the estimate for 2016/17 and for 2015/16 is $270,000. The allocat ion to Community Development is the same. Funding is allocated to facilitate activities that are primarily targeted towards public education, community development, information dissemination, and to support the grant to CADA (which you can find on page C -20, Grants and Contributions). The goal of this unit, Madam Chairman, is to educate the public about the harms of alcohol and drug use; to ensure the provision of clear and sustained messages to our young people that “no use of alcohol, tobacco, or other d rugs is acceptable”; and to involve families, schools, and community organis ations in alcohol/drug prevention efforts. Madam Chairman, I do not think I can say that forcefully enough to show the critical importance of the work that has to be done in that area. CADA works in close collaboration with the DNDC to provide community education on alcohol as well as to provide the server training programme (TIPS) which is mandated within the Liquor Licensing Act Amendment 2011. A grant of $100,000 is all ocated to CADA to support these activities within this cost [centre]. Other initiatives for the Community D evelopment unit are to assist in highlighting drunk/drug driving and road safety initiatives through public ed ucation, and to continue awareness campaigns directed at underage drinking and adolescent drug use. Madam Chairman, I would like to take this opportunity to thank CADA for the great work that they do in our community. I think it is often not focused in on, but they do make a difference and it would be great to see more members of our community, esp ecially the corporate community, to get involved. There are many members who show their support, but with more we can have more success. So thank you to CADA and the National Drug Control for this pr ogramme.
98020— Prevention
Hon. Michael H. Dunkley: Prevention, line item 98020, on page B -291, has a budget estimate for 2016/17 of $219,000, a 10 per cent decrease from the last year. Obviously this is to provide support in the Prevention Unit. Funds will be utili sed to improve co verage of drug prevention measures within the com-munity, to improve opportunities for school -based pr evention initiatives, and to increase access for young people to targeted prevention programmes. Funding will also be utilised to support the implementation of the National School Drug Policy and for the continued training of facilitators for the Al’s Pals programme. The Prevention Unit facilitates the Teen Peace programme initially in five public schools, and also supports the implementatio n and integration of the Al’s Pal Programme at the pre- school and primary levels. Funding is allocated within the cost [centre] to support facilitators and also to allow the purchase of resources in an effort to sustain these programmes. The successful im plementation of the Prevention Unit functions will be based on performance measures which you can find in the Budget Book.
98030—Treatment
Hon. Michael H. Dunkley: Madam Chairman, Treatment, page B -291, has a budget of $397,000 for 2016/17, the same as i n the current financial year. This cost centre has allocated that money to fund a llocation throughout our facilities for the implement ation of key activities geared towards achieving the goals of the National Treatment Strategy, including the CARF Accredit ation fees and resources; addiction specific training and AccuCare Client Management system licence and training. Funds allocated to support the grant for the Bermuda Addiction Certification board (BACB). This fiscal year, their focus will remain on maintaining CARF Accreditation for the Men’s Treatment programme, the Women’s Treatment Centre, and Turning Point (which is operated by BHB) as required under the NDC Act 2013, which we passed here. Continued efforts will be directed at consol idating the use of the AccuCare Client Management system in all drug treatment programmes. The $100,000 grant provided to the BACB provides inter-national certification testing for both prevention and treatment professionals and some funding to support
Bermuda House of Assembly addiction -specific tra ining to enhance workforce development in this specialty area. Performance measures can be reviewed in the Budget Book.
98050—Research and Policy Development
Hon. Michael H. Dunkley: In regards to Research and Policy Development, on page B -291, line item 98050, the estimate for the coming financial year is $305,000, a decrease of $15,000 from the current f inancial year. Madam Chairman, the Research and Policy Development Unit cost [centre] is a 5 per cent reduction. The funds will be used to facilitate information gathering and analysis, monitoring and evaluation, as well as any relevant legislation and policy develop-ment initiatives prioritised within the Ministry. The pr imary activities of the Research unit will be geared t owards collection and dissemination of reliable data through the Bermuda National Drug Information Network (BerDIN), identifying emerging trends and pa tterns of drug use, evaluation of the current drug control efforts, and providing coordination and implementation of the important National Drug Control Master Plan and Action Plan. The budget reductions could decrease the number of community surveys, but i nformation will still be effective to provide services.
98060—Men’s Treatment
Hon. Michael H. Dunkley: In regards to Men’s Treatment , line item 98060, on page B -291, the budget is unchanged from the current financial year to the next financial year of $890,000. This provides the operational and staffing cost required to provide outputs to meet the treatment and rehabilitative needs and goals of adult males needing residential treatment at the Nelson Bascome [Centre for] Substance Abuse [Treatment] facility in the West End. This programme is CARF accredited. The effectiveness of the Men’s Treatment programme is based on the performance m easures which you can find in the Budget Book.
98070—Women’s Treatment Centre
Hon. Michael H. Dunkley: In addition, the Women’s Treatment Centre, 98070, the budget is unchanged at $1,103,000. It provides the services at the same Nelson Bascome [Centre for Substance Abuse] Treatment facility for women. It is also CARF Accredited, and currently, Madam Chairman, has the “gold star” international accreditation rating for 2014– 2016.
98080—National Drug Control Master Plan Hon. Michael H. Dunkley: The National Drug Control Master Plan, line item 98080, on page B -291, the budget remains unchanged at $35,000. And this is to provide for the effective impl ementation of the Master Plan; cross -ministry initiatives with the Police, Customs, and Corrections; evaluatio n of the Master Plan and, as always, to encourage c ooperation and involvement of other Government de-partments and civil society in the implementation of Master Plan initiatives.
Grants and Contributions
Hon. Michael H. Dunkley: Grants and Contributions, which I have mentioned briefly, on page C -20. The department for National Drug Control is established in part [as a] service delivery unit but cannot provide all of the needed services required within the community. The DNDC, therefore, depends greatly on purchasing services in the treatment and prevention areas to realise its mandate. It is anticipated that the allocations for fiscal 2016/17 of $482,000 listed under Grants and Contributions of the Budget Book will be used towards providing grants to CADA, the Bermuda Addiction Certification Board (BACB), PRIDE, and Salvation Army (Harbour Light and Life Skills programmes). CADA and BACB provide essential activities required by legislation. CADA’s TIPS programme is mandated under Section 39B of the Liquor L icence Act 1974. PRIDE provides Life Skill programmes within the pr imary school levels to support drug education and pr evention and Salvation Army provides residential drug treatment and life skills for males, which are very i mportant. In closing, Madam C hairman, the Department for National Drug Control will continue to work collaboratively with other key ministries such as Health, Ed ucation, and departments such as Corrections, Court Services, the Police, and Customs to ensure the i mplementation of a balanced approach to efforts made in achieving a healthier and drug- free Bermuda. With those comments closing off Head 88, I would like to take this opportunity to thank the Director Joanne Dean for the excellent work by her and her team in the Department for National Drug Control. And this brings to a close my presentation on the Mi nistry of National Security and I invite comments and questions from Members of the Honourable House.
The ChairmanChairmanThank you, Premier and Minister of National Security. I just wo uld like to say that this debate ends at 4:45, so we have about an hour and a half. Would anyone like to speak to the Heads? The Chair would now like to recognise the Shadow Minister of Public …
Thank you, Premier and Minister of National Security. I just wo uld like to say that this debate ends at 4:45, so we have about an hour and a half. Would anyone like to speak to the Heads? The Chair would now like to recognise the Shadow Minister of Public Safety, MP for constit uency 15, Mr. W. H. Roban.
1468 11 March 2016 Official Hansard Report
Bermuda House of Assembly Mr. Walter H. Roban: Thank you, Madam Chairman. Thank you for the opportunity to contribute to this d ebate. I think there is one thing we can be sure of. This is a very large Ministry with quite a far reach. It is, I think, the third largest Ministry in Government i n the amount of expenditure— which is about 13 per cent of the Government’s expenditure—dedicated to this par-ticular budget. [It generates] 1 per cent of revenue. It may not be a big revenue earner, but certainly its reach is quite far, with 2 per cent of t he capital expenditure and 1,300 employees. That is a considerable amount of persons who work under this Ministry. So its reach and influence on the Government operation is far and wide. It ranges from law enforc ement, as we have heard, down to managing tr eatment and drug policy for the Government, and areas outside of defence, such as, we have the Fire Service which the Premier did not -too-long ago describe. So it is a Ministry that has quite a far reach, so its signif icance should not be underestimated. It also is a Ministry that, irrespective of the fact that it spends a lot, it ensures a lot. It ensures the safety and security of the country. It ensures the proper delivery of communication throughout the country as in the area of postal. And it certainl y ensures that people are cared for, not only from the standpoint of just general care of the community, but also that persons with risky behaviours get support through the variety of organisations that it [provides] its funding to. I would like to start on page B -261, noting that the budget is $142 million, because I suspect that for those that may have been listening this debate started in the morning so some of the information, the basic information, has already been dispensed with quite early. But just as a sort of recap of the budget for the Ministry, the overall budget is $142.7 million. Rev enues are $4.8 million, and capital expenditure is around $2 million. As I look at some of the interesting points I would like to first address around this partic ular Head 83, the Ministry of National Security, under 8301, General. Overall expenditure seems to be down about $1.29 million, and overall under the general head of Administration, Parole Board, Treatment of Offenders Board, and Police Complaints Authorit y, that budget has gone down about $63,000, or around 5 per cent. A question I have is, has there been a decrease (and this is in reference to . . . under that 8301, this would be the Parole Board, 93002) . . . has there been a decrease in the number of applications to the Parole Board? Now, I ask these questions and I would like to apologise to the technical staff and to the Minister [because] I was missing when the Ministry Head was presented. So if I am asking questions that were answered in the brief, I sincerely apologise to those concerned. But I am going to go through these questions anyway because I did not have the opportunity to hear the brief. So, yes, my question on that particular head matter is, has there been a decrease in the number of applications to the Board, which accounts for the account reduction. If there is an ongoing decrease in the number, perhaps they found a way to have some savings as it relates to the . . . I am sorry, the Parole Board, as it [has decreased] 6 per cent, or aro und $5,000. I think we can accept that the Parole Board plays a positive role, Madam Chairman, as it gives those persons who have made a mistake some opportunity to see that there is actually a process upon which they can begin to remediate their behaviour and their conduct and an opportunity to bring themselves and sort of submit themselves to the appropriate body, they can find that they can have a second chance, a process to a second chance outside of the unfortunate reasons they may have found themselv es incarcerated. So this Board plays a positive role with giving a clear prescription to persons who have of-fended and how they can find their way out of the sy stem. So, though the budget is small for that at around $82,000 for this calendar year (it is not a large amount) that plays a significant role with helping those who are incarcerated to find a way out. So I am inter-ested definitely in why that decrease has been inst ituted. We also have next on that same page, B -262, Treatment Offenders Board, 9303, which is [down] 22 per cent . . . I am sorry, yes, 22 per cent, down $8,000. My question is, Has there been a decrease in the number of cases for the Board and that accounts for the reduction? Is that because they are getting fewer cases as well? I woul d be interested to know if that is what might be responsible for the decrease. As I move along, Madam Chairman, to page B-263, I look at the budget under Subjective Analysis of Current Account Estimates. I do note that motion in the travel budget, which i s around $36,000, down 28 per cent. What are the travel obligations that are expected this year for the Ministry? Are these sort of things that are fixed that the Minister does on a regu-lar basis, or are there (for this particular calendar year) any travel opportunities? And I am not trying to in any way cultivate any sort of mischief here. I am actually genuinely interested in it. Are there things related with the Ministry and the duty of the Minister that are planned for the year? [Is that] what that ex-penditure that [is] in place accounts for? I note that it has decreased, which is always a good thing, but is what is there—the $36,000— a part of standard travel responsibilities related to the Mini ster and perhaps his team’s responsibilities abroad as it relates to the overall Ministry? I see Advertising and Promotion, Madam Chairman, is experiencing quite a substantial cut —
Bermuda House of Assembly nearly in half. What exactly will be the Advertising and Promotion for this calendar year? Are there specific projects that the Mini stry has contracted for? And are there specific campaigns related to national security or some of the other responsibilities under the Ministry that the Minister and the team have actually contracted for? Also, are these particular activities going to be done in- house, or are they going to be privately contracted for? I would like to know what will be the plans around there. Madam Chairman, as I move through to page B-264, Performance Measures, I always like to take a bit of time to flesh out this particul ar page. But I am going to make a partial complaint and observation. There seems to be an inconsistency throughout the Budget Book, although I am dealing with specifically National Security at the moment, Madam Chairman. But there is always this mix between percentages and actual numbers. What we see even in here is a range of percentages. Under business unit 9300, particularly Administration, we see a range of percentages. Well, I am going to refer specifically to the one at the top of this particular page, Percentage of current year Throne Speech initiatives that have been impl emented. Well, the percentage is nice; but how many? I do not quite understand why that number has not been given. If a number was given based on last year, give me the number and t hen I can fairly assess if that is accurate. I can know, Well, they implemented that many, and they have an original forecast of 100, (because I am sure everybody wants to fulfil all of their initiatives) but they have 80 per cent. So, clearly, from the respect of the Ministry, some were not completed, but I am not sure what those are. But here is what I am going to do, Madam Chairman, I am going to go through a number of Throne Speech initiatives that I gleaned from the last Throne Speech. Perhaps I can get some answers from the Minister as to which of these were actually attributable to the Ministry, because I would do a very general observation of anything that deals with the police, or with anything that the Ministry touches on, that is in the Throne Speech. So I am going to (if you will just give me permission) read some of the initiatives that I gleaned from the November 2015 Throne Speech so I can get some clarification from the Minister as to which ones of these are related to the Ministry and were ac tually completed. I have about eight that I gleaned from the last Throne Speech that are related in some way to either police duties or some aspect of what is under responsibility of the Ministry of National Security. So if you will give me permission to r ead those. This one was from page 9 of the last Throne Speech: “Further protective measures will be examined, including the admissibility of police interview ev idence for vulnerable witnesses and their cross - examination by video link.” That is on page 9. Now, if this is not particularly related to an ything with the Ministry, I accept that. But the police are mentioned, so I am going to glean out of there that, okay, this may be something the Ministry is involved with. I do not know, and I am sure I will get the proper answer from the Ministry because, you know, they are good at answering these things. So I have no pro blem. But for the benefit of the public and for our debate, I am referring to these because this is what I gleaned may have some relation to t he duties of the Ministry of National Security. “Facilitated by the Ministry of National Sec urity”—that certainly is quite clear by that statement — “the GREAT Programme will be enhanced with additional instructors from other uniformed services to d eliver th e programme’s positive message to Primary and Middle School students.” And that was on page 14 of the Throne Speech. So I would like to know what the cost of this actually is, especially the training, because it speaks about training of additional instruc tors. That is the i ntention that is expressed here, Madam Chairman. And how many instructors will be trained for this fiscal year? So that seems to be one that is directly assoc iated with the Ministry, which is an intentional expression in the Throne Speec h, so perhaps we can find out some of the details of that. I did not hear the Minister mention the expansion of the Island’s CCTV network. This was in the Throne Speech on page 14. “The Government will provide funding for the expansion of the CCTV network to Dockyard as part of the infrastructure” and also St. George’s, on page 14. I would like to know how much in this fiscal year’s budget is going to be dedicated towards that. Let me just state, Madam Chairman, I am not looking to blow out the Government on these things. November was not that long ago. I am not expecting that they started any significant work on this project since November, but this is an intention. They may have started some work on it, but November was not that long ago, so it may be that the process of even tendering and selecting an appropriate contractor has not been quite completed yet, but it is an intention of the Ministry to do that, and I accept that. So by next fiscal year they may have a report and the Minister will come with hi s next budget presentation and tell us what he has done in this. I am not looking to blow out or find an aha moment from the Minister on this. I am just genuinely . . . I am looking at things that were in the Throne Speech where there was intention expres sed, and this was one. So I would like . . . and the CCTV camera system has been of great interest to many people because over the past couple of years the Government has spent substantial funding —at least $6 million or more dollars —on the overall breaking out the network across the country. 1470 11 March 2016 Official Hansard Report
Bermuda House of Assembly I know that the Minister did express in the budget an interest in adding additional cameras to that network. Let me just say that I have expressed some interest even beyond what the Government has expressed that they ar e doing with CCTV, to actually looking at providing the support for this sort of network in other government facilities, not just in our general area around the community, but there are areas such as some of the government assets, like buildings. I specifi cally talked about schools, on school grounds. Now, I want to be clear that at no time when I talked about CCTV cameras on schools did I mean that there would be cameras down the hallways. I meant on the perimeter of the school properties that seemingly h ave little security coverage, and maybe are potentially weak access points for prowlers and others. And we have had over the past year, Madam Chairman, incidences where the security of our schools was broken. We had an incident at, I believe Dalton Tucker, where a gentleman was apprehended on the property and had to be escorted away. We had within this calendar year break -ins to schools, inclu ding a bomb scare at Whitney. So it would seem, Madam Chairman, that there should be a consideration with the Minis try and the Police Service working with the Ministry of Educ ation, to perhaps assess how the CCTV network, which is Island -wide, by adding an additional camera or two to it can provide the appropriate support to those Government assets. I say this with th e greatest concern, partic ularly for expenditure. Is it more costly to install a ca mera rather than hire a security guard and then have the Ministry of Education spend money on security guards to guard schools, when a camera can pote ntially provide the cov erage by the police of that property? And also, the man- hours that would be spent patrolling around those schools can be perhaps r educed because they have a camera there that sights some of the more sensitive security areas around these school properties. And just, you know, because there is nobody there, particularly this coverage can be during the off -hours. Those cameras might be able to be shut down during the day; but during the off - hours, when there is nobody around these buildings — quite valuable assets to the government stock —are given coverage. So I raise those comments because I think it is important that these investments that the Gover nment makes do maximise their opportunity for us. And that if there are ways that it can be expanded, as the Gove rnment seems to be doing with CCTV into St. George’s and into Dockyard, that they can be expanded in ways that are valuable to everyone. And maybe just this little bit of coverage here and there around some of the school properties that have sec urity risks can be dealt with. That was my third point from the Throne Speech. I have a fourth one which has to do with “the Fire Safety Act” which “will be brought into force, i ntroducing new standards of fire safety for Bermuda.” That was on page 14 of the Throne Speech. If it is in force, when did it go into force and are there any impacting costs to service that this new Fire Safety Act and the new standards . . . is it e xpected that there will be some cost implications for doing it? I am assuming that these sta ndards were also going to be taken on by Government as well as private sector, because certainly Government facilities are not immune to abiding by these new standards, Madam Chairman. So I am asking that for the benefit of finding if there are any project ed cost implications in implementing these new standards. Number five, Madam Chairman, “the Government has commissioned a review to determine the best means by which to close one of the minimum security facilities.” That is on page 14 of the Throne Speech. I did not hear, interestingly enough (and I am jumping a little ahead here, Madam Chairman), in the Government’s presentation of its budget around Corrections any mention of the closing of facilities. But it certainly is an expression here that there is an inte ntion to at least start a review. So what is the cost of that review? Has there been any progress to the study? And what is the expected completion of the study? And has there been any projection of possible closings? As I said, this is here in the Throne Speech. I am asking for the obvious reason, as I said based on the performance indicator on page B -264, that there are a number of Throne Speech initiatives here. But since I did not know what number the Government was referring to as having complet ed 80 per cent, I do have to go through all of this, you know, to distil which ones are actually relevant to this current debate. And I am sure I will get some sort of indication. Madam Chairman, number six of my points is related to “The continuum of care for those affected” (this is a quote from the Throne Speech related to) “The continuum of care for those affected by drug addiction and alcohol abuse . . . The Department of N ational Drug Control will determine the model best suited to the delivery of thi s service and will work with organisations like Focus.” On page 14. Now, I would like to know what the progress of this particular action is that was mentioned in the Throne Speech. I did not hear all the numbers on how much money the Government is dedicat ing to organ isations like Focus, but I would note that I do recall in the budget that . . . and maybe I will wait until I get to National Drug Control to speak more about this, but I do not recall any significant money going to Focus for this calendar year , although Focus was mentioned in the Throne Speech. But that mention came mere days after Focus saying it was closing and they had lost their government funding.
Bermuda House of Assembly I ask these questions because these are the performance measures the Government has pr esented us with in Throne Speech initiatives that they have implemented. Madam Chairman, the seventh one is “The Police (Discipline) Orders 1975.” “Government will introduce legislation to replace the old discipline process with a modern system that emphasises p erformance improvement and learning . . . The new system will be more transparent and aligned with the princ iples of natural justice.” Page 15. Again, what is the progress of this particular initiative? And is there any cost with this process that the Gov ernment has an intention of instituting based on the Throne Speech? Now, certainly, I must congratulate the Go vernment on completing at least one of the ones I mentioned, which is number eight on my list, on page 15, which are the amendments to the Defence Act. We know that that has been implemented and the Regi-ment has proudly moved on since those amendments to a new recruitment camp with volunteers and a new chapter in its history. So the Government is to be congratulated on the implementation of that par ticular in itiative. I think I have one more (I thought I had nine). “Government will work with the private sector to adopt a cyber security framework for Bermuda. Protecting the Island’s digital infrastructure is a national priority given its growing impor tance.” I do not know if that is attributable to this particular Ministry, but it is a sec urity-related matter. If it is not I will happily move it off my list of reference, but it was in the Throne Speech related to security. I did not know if the Ministr y was involved with this directly, but it is security related so I put it up. Madam Chairman, I will move on to the next performance measure under National Security Hea dquarters, Percentage of current year Cabinet papers that have been submitted in the cur rent year and have been successfully approved. Again, I am certainly not interested in knowing . . . We cannot possibly be told the subject of those papers. But again, there is no i ndication as to how many papers were presented by the Ministry so that one can assess whether 90 per cent was actually approved or not. So perhaps some clarity [could be given] as to just how many. Were there five, six, seven, eight done this year by National Security? Of those, how many (if the Government is obliged to disclose that)? I appreciate as a former Cabinet Minister that there are rules around disclosure of Cabinet matters. But since it is here in the Budget Book, and it is being used as a performance measure, perhaps [something] other than a percentage might be helpful. How many were actually done in this calendar year, might be helpful. Going down further in that same page B -264, Madam Chairman, business unit 93004, Percentage of outstanding files closed out in the prior year. I believe this pertains to the Police Com plaint Authority. They have a 75 percentile performance from last year and their target for this year is 90 [per cent]. I do not know if this is able to be disclosed, but how many complaints are outstanding in total? [That] might be interesting to know. And what is the nature of these types of complaints? What type of complaints are they? And how often have the commissioner and other officers appeared in front of the Police Complaints Authority? Has there been an increase or de-crease of complaints from year to year? I would like to know, if that could be disclosed. Madam Chairman, I am going to move on now to Head 6, Defence, [page] B-266, Expenditure. And we find that under this particular Head, under Defen-sive Services on [programme] 0601, that $281,000 in total for Defence Services is the estimate for this year. It seems as if, despite that under the revised there was an uptick of sort of $90,000, that the goal is to maintain the same budget for this year. I would be interested to know why the revised budg et ended up being $271,000 over the . . . $281,000, and there cer-tainly is a goal for it to be the same for this year, based on what the original goal was for last year. Under programme 0602, Regiment, specif ically under Regiment Headquarters, 16010, I no ted the budget for 2016/17 will be $1.03 million and an additional $135,000, or 15 per cent. What does the additional uptick account for? Ceremonial, Under 16030, has increased from the original $466,000 to $610,000, an increase of around $144,000, or 31 per cent. Again, what does this uptick account for? Are there any additional ceremonies that are expected for the Regiment this year? Are they associated with the America’s Cup or . . . I am sorry, there is no real America’s Cup activities this year; but ar e there additional ceremonial duties expected for this calendar year? And what are the regular ceremonial duties that the Regiment finds itself doing? You can just name them, Minister. That will be fine, Madam Chai rman. I would be happy to just know that. But other than “Beat the Retreat,” and a few other things that the Regiment does, which are all absolutely apprec iated, I would like to know some more about those activities. I have an additional question going down further in that programme, on programme 16060, Junior Leaders. The budget for this year again is zero. And I did hear the Minister’s explanation around this as to much of what it. . . even though it is not getting funding it is getting a considerable amount of funding from charitable support th at is helping to fund it these years. Well, I do understand, and I think that it should be commended that many people are prepared to support the Junior Leaders, Madam Chairman. But I am interested to know if the Government and the Mi n1472 11 March 2016 Official Hansard Report
Bermuda House of Assembly istry are interested in the expansion of this pr ogramme because it clearly is a positive programme. We brought a piece of legislation this year to remake, to update the actual Junior Leaders Pr ogramme, which, ironically, had legislatively existed long before the Regiment. So if the Government is not putting any money into this particular programme, is there an interest in expanding, perhaps being able to take on more students than it already has from our schools and other parts of the community? It is clearly a programme that has proven its worth, Madam Chairman, as it relates to the amount of young people that have gone through it over the years. But are we going to see the Government give more support to its expansion, since it was prepared to bring a Bill to modernise it? Let us see some expansion of the programme. I think if you are prepared to support it, there should be an effort to give it some funding so it can expand its successful programme in areas where we need to have leadership development. So I do hope that the Government moves in some way from this zero position of funding. I did bring this up during the debate when we had the Bill, I think late last year. So I hope that some change is made, because I do not understand why this particular programme —if we are pr epared and proud of it —is not getting funded. Moving on to page B -67, I am particularly i nterested in (and I brought this up last year) the E xpenditure of Energy on page B -67. In the list of expenditure it is $158,000. I brought this up last year because we want to see if the Regiment can take on some of the initiatives to sustainable energy. Certainly, if the Regiment facilities are supposed to be self-sustaining and able to in certain times, for i nstance when power may be out, that it can be sustainable, if having solar and sustainable energy tec hnology on the buildings of the Regiment may help not only with cost savings, but also have it operating sustainably, that would be a very good thing to invest in. So I would hope that there is an effort to consid er that. Moving on. I would like to move on to Police. Madam Chairman, on page B -270, Head 7. And I would like to go on to page B -271. We note that the budget for this year is $64.5 million for the Police. I see that the total employee complement is around 529,000 [sic] and the revenues for the Police are around $350,000 a year from a variety of areas such as licensing, firearms, explosives, security guards, publications, and facilities. A question that I have for the Minister is: There has been an ongoi ng, I guess, union dispute or discussion that has been between the Government and the Police, which continues. We saw in December that they marched to the Cabinet Office to deliver a message to the Minister upon which they certainly were not received by th e Minister on the lawn, but the Minister did invite members of the representatives’ association into his office. What is the status of this particular matter, as we have not heard anything since? Under the delegated authority that the Government has been given, this is an area which the Bermuda Government has specific responsibility for. What is the impact at this point, financially, of that particular dispute? I am also interested to know if there are any legal disputes which the Government is expecting to have to, or has already paid out, over the last two years. I think there has been something in the paper about certain legal matters that have come up for the Police. Have there been any awards related to those matters awarded thus far? Madam Chairman, how much more time do I have on this particular discussion?
Mr. Walter H. RobanOkay. I am going to rush through most of what I have. I am going to now go on to Head 13, which is the Post Office. Madam Chairman, the Post Office which is on page B -279, has an expenditure of $10.6 million and revenues of $4.4 million. I …
Okay. I am going to rush through most of what I have. I am going to now go on to Head 13, which is the Post Office. Madam Chairman, the Post Office which is on page B -279, has an expenditure of $10.6 million and revenues of $4.4 million. I have some serious co ncerns about the Post Office at this point, Madam Chairman. We have seen a very interesting protracted issue around the Post O ffice for the past calendar year, Madam Chairman. It seems the Post Office has, over a number of years, experienced a steady decline in its staff. We have seen over the past year or so four Post Office headquarters closed— Paget, Harrington Sound, St. David ’s, and Somerset Bridge. Although I do recall what the Minister said during this present ation, there seems to be a significant impact from these closures, and this impact has not been very positive. I can tell you that there is a concern that the Government is in less of a position or posture to mai ntain the sustainability of the Post Office. But some believe that there is a process of liquidation. When it comes to the Post Office, with the closing of the facil ities, with the decline in staff, there is a question about the Government’s commitment to modernisation of the Post Office rather than its (I will use the term) “liquid ation.” Certainly, I have been informed that there is great concern amongst staff about this. I think we have even heard in some cas es, Madam Chairman, quite angry and frustrated citizens calling in to talk shows about the concerns of lack of mail delivery, minimal mail delivery, and no mail deli very. Some people have been angry about where they go to get their mail now that a number of post offices have closed. Now, there is also the concern, Madam Chairman, around the Post Office, that there is one . . . Do you know that there is a parish that does not have a post office right now, Madam Chairman? There is one parish that has no post office. That is Paget. There is no post office. Despite all the closures
Bermuda House of Assembly everywhere that have happened, there is still at least one post office in all our other parishes. Paget has no post office. Now, do we really believe that the people in Paget do not care about that? I have not heard much about it.
[Inaudible interjection]
Mr. Walter H. RobanBut I have not heard that much about it. There are MPs who sit across the aisle for Paget, but I have not heard that much about it. Are these MPs concerned about the fact that their parish has no post office? I cannot believe, Madam Chairman, that these MPs …
But I have not heard that much about it. There are MPs who sit across the aisle for Paget, but I have not heard that much about it. Are these MPs concerned about the fact that their parish has no post office? I cannot believe, Madam Chairman, that these MPs —two of which . . . Well, actually there are only Paget MPs on the other side of the aisle. Paget has not been so welcoming to this side of the aisle, I can assure you of that. The Members who sit on the other side of the aisle, I have not heard anything in the media or otherwise about their concerns about the fact that their parish has no post office. This must be historic, Madam Chairman, in the history of t he postal service in this country, that a parish has been denied a post office. And so those persons in Paget have to go to Hamilton to pick up their mail. Hamilton is not in Paget, the last I looked. So I am wondering how the Government is going to deal with this deprivation they have brought on the Paget Parish. And as far as I can see, whatever Gover nment is doing to this particular post office, which has resulted in . . . and I am, here again, on page B -79 talking about Sub- Post Offices 345. So it is clear that I am speaking about something in the budget. This lack of a post office is not a good reflection on the state of the Postal Service. And I am also interested in finding out b ecause as we look . . . and I will move on from that. But I think that is a serious question. Why have we not heard more about this deprivation that the Gover nment has brought to the people of Paget? No post office. And there does not seem to be much fight about it coming from the people of Paget, as far as I can see. Now, I remember in a previous time when there was even a suggestion—
Hon. Patricia J. Gordon -Pamplin: Point of inform ation, Madam Chairman, if the Honourable Member will yield for a brief second.
Mr. Walter H. RobanBriefly because you are taking into my time. POINT OF INFORMATION Hon. Patricia J. Gordon -Pamplin: The Honourable Member will know that we hear it all but daily, so there is a challenge; we do get the concerns expressed. However, we have to deal with the situation that we have.
The ChairmanChairmanThank you. Member, would you like to continue?
Mr. Walter H. RobanYes. I will move on, Madam Chairman. There seems to be a situation with the Post Office that the Government . . . I guess they are listening. They say they are listening. But when it comes t o this situation there are people who have a consider-able amount of …
Yes. I will move on, Madam Chairman. There seems to be a situation with the Post Office that the Government . . . I guess they are listening. They say they are listening. But when it comes t o this situation there are people who have a consider-able amount of concern. But I will move on, because I assume that the Minister will have some sort of thing to say about the Post Office and what they are doing to address, not only this deprivation, but how they are going to ce rtainly answers to my questions as to how they are going to deal with that situation. Give me a moment, Madam Chairman. I am going to move on now to the Department of Corrections, Madam Chairman, and just a few points to make on Corrections. The Clock Tower is budgeted for . . . and I am looking at page C -26. It has to do with expenditure on rentals. The Clock Tower rental is around $310,000 for Corrections and seems to be the same for this year. If I could know when that lease will be up, I would like to know, certainly if that information can be given. Is there still the use of officers —retired off icers—when it comes to supplementing the needs of staff? Are there any retired officers who have been retained to come back and work in the Corrections system to fill any gaps that they may need over a period of time? If that is going on and if it is going on is it to continue? I did see that there is expenditure on page B - 14, under Capital Works and Acquisitions. On the s ecurity syst em, are they replacing the system or are they just repairing the system? I would like to know. That is line item on page C -14, 776957. And also on, I am sorry, page BC -5 for Corrections. There are minor works that are being done. The original estimate was $350,000 and it is reduced $24,000. What specifically are those minor works? I would like to know, since there was some concern expressed about the integrity of the perimeter being damaged during the recent hurricanes of Fay and Gonzalo, whether or not that work has been rect ified at this point. Moving on to Fire, Madam Chairman, on page B-288. I would like to know just a few points in relation to Fire. A question about the Fire Prevention Training amount of $15,000 that has been the same through 2015/16, is this training that is done annually for off icers or is it overseas training? Or is it just local trai ning in reference to the actual training that is done un-der Head 45, page B -288, programme 53030, Fire Prevention Training. And under 55080, Other Ser vices Central, which was $268,000, what exactly are these services? 1474 11 March 2016 Official Hansard Report
Bermuda House of Assembly What are these services that are provided, the other services for Central? Under Performance Measures on page B -219, again, I was not able to assess truly the performance measures without any numbers. So perhaps some numbers can bring some clarity to the performance measures of the Fire Service. I would really apprec iate . . . it is all really just percentages that are there, but there is no clarity on what actually . . . more than sort of just percentages . . . I would like to have more information [to] understand what actually is the achievement on what specifically they are achieving on. Moving on to Head 88, National Drug Control. I am coming to the end of my presentation, Madam Chairm an, and I will leave it to some other Members if they have any questions. My main question around National Drug Control, which has an expenditure this year of $4.179 million, an uptick of about just over $250,[000] . . . there was a commitment by the Government to explore much more fully the issue of cannabis and decriminalisation. I am assuming that it is under this particular department that that explanation would go. Now, we know that there was an outside committee that did a report, Madam Chairman. But beyond that, the only step that the Government made to even deal with that was instituting some more li beral framework for some additional cannabis products. But the very issue that decriminalisation came up, the Government seems to have run away from, that is, the question of how criminalisation through cannabis is affecting the young men and young women of this community and cutting them off from opportunity and creating criminality, promoting criminality in the community, often from [the] very consequences that we find young people in when they are very young coming into confrontation with the law. And it dramatically changes their lives forever. Then it impacts them in their own relationship with authority, with the police, with opportunity to go away [overseas], because their name has appeared in the paper with a minor drug conviction at, let us say, 17 or maybe 18. And maybe seven years later when they are in their 20s and they want to go away to school or to pursue some other opportunity overseas they cannot, or they are limited in a way that makes it costly or prohibitive. And even the other side of the coin with how we invite our visitors here, with how we seem to have over the years created an image of being a place that takes visitors off cruise ships and then convicts them for small amounts of what may be just sort of recreational use of marijuana. I was hoping that through the initiatives that the Government was talking about that we were going to see some movement in these areas, but we have not. So what role does the National Drug Control department going to play in this? Are there still initi a-tives to move in this direction for the Government? If so, where are they being funded under this budget? Because I do think that the Government seems t o have run away from the Cannabis Review Committee report that it presumably invited members of the community to put together, but has not moved in any way further on it. So, I think it is important that some clarity be given. I will go back to another question as to how many agencies under the National Drug Control’s r emit benefited from Cash Back for Communities and what those amounts were. I would like to know that because the Minister did mention that in his brief. What will be the situation for Focus and their funding? Focus, for all intents and purposes, has told the country that they are closing down because of lack of Government funding, and presumably their funding would come under National Drug Control with the other groups such as PRIDE and other s that they also provide support for. So if the Minister can make avai lable information on what the intention is around Focus and other agencies, but particularly Focus as to their funding under NDC. What support are this department and the Government going to give to a process of decriminal isation, which they presumably were interested in getting some feedback on and committed to changing the dynamic around that in this community, which would not only impact this particular department but also impact our policing strategies because some of the money that we are putting to policing around drugs could potentially be shrunk and put elsewhere if it is not funding drug interdiction at levels that will be seen to be legally not necessarily. So, I look for those answers from the Government and from the Premier and the Minister of N ational Security. That is my contribution in this area on this budget and I certainly hope that there are others who wish to raise further insights around this budget with the Government. Thank you very much.
The ChairmanChairmanThank you, Shadow Minister of Public Safety. Would anyone else like to speak to the Heads? Premier, Minister of National Security. Hon. Michael H. Dunkley: Thank you, Madam Chairman, and I thank the honourable colleague for his presentation and for his questions. Even though I left the Chamber for five …
Thank you, Shadow Minister of Public Safety. Would anyone else like to speak to the Heads? Premier, Minister of National Security.
Hon. Michael H. Dunkley: Thank you, Madam Chairman, and I thank the honourable colleague for his presentation and for his questions. Even though I left the Chamber for five minutes, I think the Perm anent Secretary was staying on top of it and handed me some notes, so I will give you some answers, in no particular order. But if I do not cov er them all you can keep going because we do have some time left.
Bermuda House of Assembly In regard to the caution policy, that Bill has been tabled. I think it was tabled on Wednesday, so we will debate that on Monday. In connection with the Police Complaints A uthority, complaints have gone down. The Commi ssioner sent through some notes: in 2009 there were 52 complaints, and in 2014 there were 26, and in 2015 there were 20. So there has been a decrease and I think we all should commend the Commissioner and his colleagues for an improved approach in this area. I think you can look at it in two different cat egories —the more serious offences and the less ser ious offences. The less serious offences would involve something perhaps, you know, officers being rude, which would be dealt with in an informal process such as an apology or things like that. The more formal process would deal with serious allegations such as assault. But I think we have made some good pr ogress and I would like to thank the Police Complaints Authority and the Chairman, Mr. Jeffrey Elkinson, for the work that they have done, which allows Bermuda Police Service to be looked at in a high regard. The honourable colleague talked about the negotiations and discussions between the BPA and the Government negotiating t eam, they have come to a resolution of those issues and a statement is being prepared by both parties to release. So it would be premature for me to make any comment on it, but o bviously the Government has agreed to the position reached and there should be a statement very shortly that will clear that issue up and answer your question. He asked questions about the CCTV. In St. George’s the value of the work done is about $97,000. In WEDCO, the value of the work done is about $144,000. You also asked questi ons in regard to Corrections. The fencing has been fixed from the hurricanes. I have been up to the West End and the East End r ecently, I think I was there early February at both facil ities (I try to go around on a regular basis just to stay in touch and s ee what is going on, and talk to inmates). And, as I alluded to in my brief, I have been very i mpressed by the maintenance, especially in the Co- Ed where those two inmates are now being accomm odated there full time. And that place is looking really, really good. Westgate has had repairs done from the hurricanes, the fences have been fixed, cameras are in much better condition now with the installation of new cameras because of budgetary support from the Government, and the fire alarm system. So we are gradually looking at some of the challenging spots and doing all we can to put them in good operating order. In regard to the . . . I believe he asked a question on the report on the closure of a facility. That r eport will be received shortly by the Ministry of National Security and then considered. The Commissioner is working on that. Comments about the Post Office. Your comment in regard to Paget not having a post office is cor-rect. That situation, obviously, is another tough dec ision we had to make and we made the decision based on a number of different factors. Paget is very close to the main post office in town, they also have a good post office in Warwick that they can use, Paget only had one post office, a small post office, and we decided to close that post office because it was only being used by and large by people with post office boxes. There was very little traffic in that office there, and so all box holders, or the vast majority of the box holders, who had them in the Paget area have either had the opportunity to move their box to Warwick or Hamilton to take care of their needs. I think you started out your presentation as king about decreases in costs associated with Parole and numbers in paroling too, that is simply because of a decrease in the pri son numbers. There has been a significant decrease in prison numbers now, we have been below 200, in total, for many, many months, and so that will have a knock -on impact in other areas. I think you asked the question about Adverti sing and Promotion. This relates to the GREAT Pr ogramme and it was managed in- house mainly with the assistance of DCI. Throne Speech initiatives, Police Evidence falls under Justice. GREAT Programme has been completed. The CCTV extension has been done; [those at] Dockyard were a j oint venture with WEDCO. I answered the question about the report. The Police discipline you referred to, that was, I think there was some discussion publicly about that. A gentleman from the UK who specialises in this area visited Bermuda, his name was V ictor Marshall. He came and conducted workshops and a consultation process. Draft revisions have been prepared and they will be presented shortly. That was covered in the Throne Speech. Total cost at this point is about $38,000. You made a comment about the revised budget, the increase for the Defence Head, that sp ecifically relates to increasing expenditure because of hurricane embodiment and the costs around that. I covered the ceremonials list in the brief on Head 6. We will, as I mentioned, with Junior Leaders we will continue to provide the support by working with the community and also consideration in other areas, perhaps Cash Back, but we will also do it through some internal virement of funding. Energy, I think you asked a question about solar—
[Inaudible interjection] Hon. Michael H. Dunkley: Yes, that is an interes ting—
1476 11 March 2016 Official Hansard Report
Bermuda House of Assembly [Inaudible interjection]
Hon. Michael H. Dunkley: —at the Regiment, an i nteresting option going forward, but to do that the buil dings will have to be modified so they can fit in there and that is something that could be considered.
[Inaudible interjection]
Hon. Michael H. Dunkley: Are there any questions I did not answer? I think I . . . unless I got some that came across on my e- mail.
Mr. Walter H. RobanThere was a question about the Focus funding. I do not know if you mentioned that and also . . . Focus funding and also under NDC about t he issues concerning any further work on decriminalisation, which was coming out of the Cannabis Review Committee report under NDC. I …
There was a question about the Focus funding. I do not know if you mentioned that and also . . . Focus funding and also under NDC about t he issues concerning any further work on decriminalisation, which was coming out of the Cannabis Review Committee report under NDC. I think those are some of the questions I asked. I also, I do not know if you are prepared to answer, I did ask about the number of Cabinet papers that would have been produced by the Ministry for the calendar year, as how many you actually did for the year and how many —well, you do not have to tell me how many were passed, just how many were done for the year, but you do giv e a percentage as to how many were successful, but perhaps you can give some clarity to that. So, yes, NDC questions and the Cabinet paper question as well.
Hon. Michael H. Dunkley: Cabinet papers average 15 or 20 annually. Recently it has been a bit mor e. In regards to Focus, Focus has done good work in our community and we try to support it in every way we can. The challenge we have with treat-ment is that it is a need that has to be provided and we are looking to make sure we efficiently use all the resources we can, so we are bringing Focus together with the Department of National Drug Control to get them to look at the best model they can. And at this point I really cannot say what that approach is going to be, but I believe that Focus can work closel y with Nelson Bascome [Centre for Substance Abuse] Treatment facility to do what they have to do. And you know that money was invested in that facility under the previous administration and it is a really good faci lity and it has the capacity to treat pret ty much all of the demand that we would have in the women’s and the men’s side, and so right now we want to make sure that those resources are used in the most eff icient way and we do not have competing needs wit hout the full demand being used in those needs. Okay, Madam Chairman, with those questions now being answered I move all of those Heads that we debated today be passed and I would just like to take the opportunity to close out the debate to thank the honourable colleague for being well prepared for the brief and to thank PS Major Telemaque for his good leadership of National Security. We often hear complaints about work in the civil service, but I have been blessed to work with such a professional for the last three years and I appreciate his guidance at all times. If I pick up the BlackBerry at eleven o’clock at night, he is on the end of the phone. I did not text him though when Arsenal played Manchester United. I left him alone that night. So I move all the Heads be passed. Heads 83, 6, 7, 13, 12, [sic] 25, 48 [sic] , and 88.
The ChairmanChairmanAll right. It has been moved that Heads 83, 6, 7, 13, 25, 45 and 88 be approved. Is there any objection to that motion? No objection. Agreed to. [Gavel] [Motion carried: The Ministry of National Security, Heads 6, 7, 13, 25, 45, 83, and 88 were approved and stand …
All right. It has been moved that Heads 83, 6, 7, 13, 25, 45 and 88 be approved. Is there any objection to that motion? No objection. Agreed to. [Gavel]
[Motion carried: The Ministry of National Security, Heads 6, 7, 13, 25, 45, 83, and 88 were approved and stand part of the Estimates of Revenue and Expend iture for the year 2016/17.]
The ChairmanChairmanNow we are moving on to the Tourism Ministry. Today we are having the Minister of Community, Culture and Spor t stand in for the Minister of Tourism and Transport who is out today. [Inaudible interjection]
The ChairmanChairmanNot well. Minister of Community and Cultural Affairs. Honourable Members, we are now in Commi ttee of Supply for further consideration of the E stimates of Revenue and Expenditure for the year. Head 48 will now be debated. I call on the Minister in charge to proceed. Minister, you have …
Not well. Minister of Community and Cultural Affairs. Honourable Members, we are now in Commi ttee of Supply for further consideration of the E stimates of Revenue and Expenditure for the year. Head 48 will now be debated. I call on the Minister in charge to proceed. Minister, you have the floor.
MINISTRY OF TOURISM DEVELOPMENT AND TRANSPORT Hon. Patricia J. Gordon -Pamplin: Thank you, Madam C hairman. Madam Chairman, I would like to move Head 48 from the Ministry of Tourism Development and Transport.
Bermuda House of Assembly
The ChairmanChairmanSo it is 4:25 . . . four hours — Hon. Patricia J. Gordon -Pamplin: And we have a four-hour debate, so it is scheduled to finish—
The ChairmanChairman—so 8:25. Hon. Patricia J. Gordon -Pamplin: —at 8:25. Thank you, Madam Chairman. HEAD 48 —BERMUDA TOURISM AUTHORITY Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, let me first start by saying that I am standing in, deputising, for the Mini ster responsible for Tourism Development and Transport the Honourable …
—so 8:25.
Hon. Patricia J. Gordon -Pamplin: —at 8:25. Thank you, Madam Chairman.
HEAD 48 —BERMUDA TOURISM AUTHORITY
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, let me first start by saying that I am standing in, deputising, for the Mini ster responsible for Tourism Development and Transport the Honourable Shawn Crockwell, who is unwell. And I would certainly like to take this opportunity to wish him better as we carry the brief relating to his department for Head 48. Madam Chairman, the health of the Bermuda Tourism industry is a vital component of the economic turnaround that is underway in Bermuda. Government regards this as a national economic imperative and is making a concerted effort to support the industry with new initiatives such as the Casino Gaming Act, the St. George’s hotel development, America’s Cup, new ho-tel concessions, plus the formation and maturing of the Bermuda Tourism Authority (BTA). Madam Chair, since April of 2014 the BTA has successfully built a high- functioning destination management organisation which has set a new standard of tourism management excellence in Bermuda. In 2015 the BTA’s emphasis was on launching an aggressive new destination marketing strategy f ocusing on experiential and adventure travel. The strategy celebrates authentic Bermuda experiences and its people and is supported by activation across the organisation. This sales and marketing focus r elies heavily on utilising inspiring visual assets and digital channels, which reflects the new standard in global tourism marketing. As of 2015 the organisation had all new agency relationships including PR, social media, advertising and creative website, group sales and data management. These relationships enable us to target consumers at every stage of their travel decision ma king process. Madam Chair, further supporting this purpos eful movement to marketing excellence, the organis ation has developed more timely and meaningful metrics, key performance indicators, and business intell igence tools. It is impor tant to note the BTA’s new marketing strategy, underpinned by solid data, played a defining role in Bermuda winning the America’s Cup 35 venue designation. Additionally, the BTA played a key technical and financial role in the successful conclusion of the St. George’s hotel development process and continues to play a strategic role in improving ai rlift on an ongoing basis. Madam Chair, despite the financial restraints placed on the BTA in 2015, the organisation is ac-complishing what Government and Island st akeholders envisioned for the industry. In 2015 we slowed the decline in vacation air arrivals and, for the first time in several years, with PACE Reports for 2016, they are trending in a positive direction. In addition to vacation air arrivals the cruise line component of our business also continues to improve. Visitation in this category is up 4 per cent year over year. And in 2016 Bermuda will see additional occasional cruise ship calls which will bring in additional tax revenue and increase the economic impact. The Island will see r ecord numbers of visitors from our regular callers as the cruise lines deploy larger vessels to our shores. Madam Chair, our visitors have repeatedly told us that Bermuda must improve its product offerings. In this regard the BTA has continued to focus on and fund new and improved product and experience offerings by providing over $1.7 million in product development grants to emerging Bermuda businesses and entrepreneurs. In 2016 that amount will approach $1 million. Madam Chai rman, 100 per cent of the funds directed to the BTA by the Government comes directly from visitors. Annually visitor paid cruise, air and hotel taxes total an estimated $51.4 million and the BTA’s budget for the last year is equivalent to 42 per cent of this amount. Based on estimated visitor taxes to be collected by Government in 2016, this equates to only 44 per cent of tax revenue reinvested into the prom otion of tourism each year to sustain and grow the i ndustry. The tourism industry as a whole contributed $194 million in tax revenue for the Government in 2014.
Return on Investment (ROI) in a Competitive Landscape
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, in a competitive environment requiring a greater investment to stay relevant, other destinations have increased, not reduced, their tourism budgets and expenditures. The budgets of our competitors have completely bounced back and now exceed prerecession funding levels as the average tourism budget hit a record high in fiscal year 2015. These positive indicators are the opposite for Bermuda, where tourism spending was at its lowest point in 30 years. In fact, the Caribbean region saw record growth in 2015 as most destinations have seen record budgets. In this environment, if Bermuda stands still we actually fall further behind. Madam Chairman, the BTA has proven that it can efficiently manage and maximise the return on investment from Government provided funding. In a comparative study the BTA’s return on investment 1478 11 March 2016 Official Hansard Report
Bermuda House of Assembly was higher than in 2007, a year that is considered excellent for the industry. In 2015 the BTA’s return on investment was 16 per cent higher than in 2007. R egrettably, adjusting for inflation, the purchasing power of the Island’s tourism budget has declined by 57 per cent since 2000 and 43 per cent since 2010.
Situation Analysis
Hon. Patricia J. Gordon -Pamplin: Tourism remains a critical component of Bermuda’s economy contributing 22 per cent of the total government revenue and 8 per cent of total jobs in Bermuda in 2014. Tourism performance in 2015 has been mixed. While vacation air arrivals for 2015 were down 1 per cent compared to 2014 (from 141,509 to 139,820), total air arrivals were down 2 per cent compared to 2014. Business air visitors declined by 4.7 per cent and those visitin g friends and relatives declined by 6.8 per cent. Cruise arrivals for 2015 were up 4 per cent over 2014 to 370,756. Average air visitor expenditure per person has decreased 6 per cent versus 2014, and the average cruise visitor expenditure per person has increased 19 per cent versus 2014.
Bermuda’s Competitors
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, a recent analysis of other destinations which compared their source markets and personas of tra vellers attracted, as well as perceptions in the mar ketplace, reveal that Bermuda’s current competitive set consists of: • Cape Cod • US Virgin Islands • St. Lucia • The Bahamas • Seychelles • Cayman Islands • Hawaii • Miami • Aruba • Barbados • Puerto Rico • Jamaica; and • Turks and Caicos.
These destinations most closely aligned with Bermuda in the types and source markets of travellers interested in visiting Bermuda.
Need Periods and Seasonality
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, Bermuda’s seasonality remains both a challenge and an opportunity. Hotel occupanci es reach peaks during June, July and August. While airlines are able to adjust capacity to keep load factors steady, hotels need additional volume in the months of November to March.
2015 Breakdown of Air Visitors Hon. Patricia J. Gordon -Pamplin: For th e full year 2015, 64 per cent of Bermuda’s total air visitor arrivals came to Bermuda for vacation, 20 per cent for bus iness and 14 per cent for visiting family and friends. This breakdown remains fairly consistent with prior years.
2015 Vacation Visitor Arrivals by Source
Hon. Patricia J. Gordon -Pamplin: In 2015, 72 per cent of vacation arrivals came from cruise ships. This is somewhat higher in 2015 given that air arrivals have remained flat while cruise arrivals have seen growth. Twenty -seven per cent of vacation visitors in 2015 arrived by air. The USA was the largest source country for air vacation visitors in 2015, making up 78 per cent of the total. Canada and the UK made up 10 per cent and 8 per cent respectively. Eighty -seven per cent of cruise visitors came from the USA, 5 per cent from Canada, 3 per cent from the UK and 3 per cent from Europe.
Sales and Marketing Performance
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, the Sales and Marketing Division’s key perfor mance metrics for 2015 are as follows: • Total visitor spending influenced by the BTA through promotions, partnerships and group sales totalled $45.9 million. This was an i ncrease of 25 per cent or $9.2 million over 2014. • Total room night influenced by the BTA in 2015 increased 22 per cent compared to 2014. • Earned media generated in 2015 totalled $26.4 million, and there was coverage in a t otal of 178 top 100 outlets.
BERMUDA TOURISM AUTHORITY —MISSION AND VISION
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, the BTA Mission stat ement has not changed as the organisation goes into its third year of operation. And that is: “The Mission of the Bermuda Tourism A uthority is to increase income earned by the Island through tourism and ensure the industry is econom ically, socially and env ironmentally sustainable.” Our Vision: Mr. Chairman, the Bermuda Tourism Authority is an independent, modern and leading tourism enterprise, dynamic, entrepreneurial and v ibrant. We have a singular voice that continually i nvolves Bermuda as a world class t ourism destination.
Bermuda House of Assembly We partner with the Government of Bermuda to grow tourism and create jobs. We develop creative and i nnovative ways to make Bermuda a highly desirable destination for visitors and tourism investment. We are results oriented, accountable and transparent to our stakeholders. We allocate our r esources strategically, take select risks, and move quickly to capture the opportunities afforded by a growing global tourism demand. We pursue strategic initiatives and actions that add value to Bermuda tourism. We empower our people to be customer focused, proactive, solution- oriented, and to make decisions in the best interests of Bermuda as a tourism destination. We have a fun and positive workplace culture that generates pride in Bermuda. We are im passioned in our communication to the world that Bermuda is, indeed, open for business.
Organisation Structure
Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, the BTA is meeting is objectives by providing core functions through the operation of the foll owing divisions: • Investment: Attracts investment, facilitates and manages the tourism investment process. • Product and Experience Development: Manages tourism product enhancement and development to maximise performance of exis ting tourism products and add new tourism products on the Island of Bermuda. • Sales and Marketing: Develops and executes the sales and marketing strategy to build a unique and competitive positioning for Ber-muda. • Research and Business Intelligence: Con-ducts research on customer behaviour , trends, satisfaction, and on- island product. The division also measures brand and advertising performance and return on investment in key markets on an ongoing basis. The div ision is responsible for measuring and for ecasting the economic impact of touris m in Bermuda. • Operations: Responsible for the operation and administration of the Bermuda Tourism A uthority. The division provides an environment of business excellence and efficiency by performing the administrative functions for the organisation. Operati ons works to best practice standards, ensures that its employees are well motivated, and that the business support elements are fully functional and effective.
Madam Chairman, each of these divisions has clearly defined objectives as well as an approach a nd action plan to achieve the goals of the BTA. However, the divisions are not autonomous and collaborate to achieve the broader goals of the BTA. The core val-ues of the organisation emphasise a collaborative, entrepreneurial, dynamic, respectful and effic ient env ironment.
Human Capital
Hon. Patricia J. Gordon -Pamplin: The BTA consists of 39 full -time employees. The number of employees by division is outlined following: • Executive Division —1 employee; • Investment —2 employees; • Product Development —6 employees ; • Sales and Marketing—18 employees; • Research and Business Intelligence— 2 employees; • Operations —10 employees; • Totalling 39 employees over the six catego-ries.
Governance Hon. Patricia J. Gordon -Pamplin: Madam Chai rman, the BTA governance resides within the Board of Directors. The Board is the highest level of approval, responsible for the oversight and approval of all major financial, strategic, legal and risk management dec isions. The Board is comprised of eight individual members, six reside on the Island of Bermuda, and two members reside in the United States. Board Members have three- year terms and may serve two successive terms. The Board is served by an external corporate secretary. The CEO reports directly to the Board of Directors, specifically to the Chairman of the Board. The Chairman has a direct reporting respons ibility to the Minister of Tourism and Transport. The following committees have been chartered by the Board of Directors: • Revenue Generation Committee. One of the BTA’s stated goals is to achieve fiscal independence from the Bermuda Government and the Committee has primary responsibility for achieving this goal. The Committee will: (1) develop and periodically review and assess a set of guidelines to govern activities of the BTA aimed at generating revenue and achie ving fiscal independence; (2) draft a plan to achieve fiscal independence from the Ber-muda Government over a stated timeframe and have that plan approved by the Board annually; (3) work with BTA staff as needed to implement the Committee’s plan; (4) establish key performance indicators to measure pr ogress towards the plan’s goals and to adjust the plan as needed; (5) report to the Board at least annually on the progress of the Commi ttee’s work set against its plan.
Sorry, Mr. Chai rman, I just have a — 1480 11 March 2016 Official Hansard Report
Bermuda House of Assembly [Mr. Rolfe Commissiong, Chairman]
Hon. Patricia J. Gordon -Pamplin: Maybe other women; no, you would not be able to handle it. Audit and Risk Committee: Mr. Chairman, the purpose of the Committee is to establish formal and transparent arrangements to ensure accurate corporate reporting and risk management and internal control practices. The Committee will: (1) develop and periodically review and assess a set of guidelines to govern activities of the BTA; (2) make necessary recommendati ons for improved controls and mitigation measures; (3) work with BTA staff as needed to i mplement the Committee’s controls and measures; (4) report to the Board at least quarterly on the activities of the Committee in relation to the release of the BTA’s fi nancials to the Board; and (5) approve and review the annual report and financial statements prior to approval by the Board and subsequent release of this information to any key stakeholder external to the BTA.
The ChairmanChairmanTake your time, Minister. Hon. Patricia J. Gordon -Pamplin: Thank you. My apologies, Mr. Chairman. HR Compensation Committee: The Commi ttee will review best practices within destination marketing organisations (DMO’s) to ensure that the BTA’s compensation and benefit packages are competitive with other similar DMO’s. Additionally, the Committee will periodically …
Take your time, Minister. Hon. Patricia J. Gordon -Pamplin: Thank you. My apologies, Mr. Chairman. HR Compensation Committee: The Commi ttee will review best practices within destination marketing organisations (DMO’s) to ensure that the BTA’s compensation and benefit packages are competitive with other similar DMO’s. Additionally, the Committee will periodically conduct compensation surveys to align employee compensation with other DMO’s who have budget parameters similar to the BTA.
The ChairmanChairmanIt is nice to see some bipartisan c ooperation taking place here between the Opposition Whip and the Minister. Hon. Patricia J. Gordon -Pamplin: Always, Mr. Chairman, always. There is always cooperation here. Additionally, the Committee will periodically conduct compensation surveys to align employee compensation with other DMO’s who have …
It is nice to see some bipartisan c ooperation taking place here between the Opposition Whip and the Minister.
Hon. Patricia J. Gordon -Pamplin: Always, Mr. Chairman, always. There is always cooperation here. Additionally, the Committee will periodically conduct compensation surveys to align employee compensation with other DMO’s who have budget parameters similar to the BTA. Furthermore, the Committee provides oversight on succession planning and staff performance objectives.
Sources and Uses of Funds Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the year three annual budget allocation will follow the Government of Bermuda’s fiscal year of April 1, 2016 through March 31, 2017. However, the BTA’s oper ational model adheres to a calendar year fiscal period. Sources. The BTA receives funding fr om two sources: A Government grant and Tourism Authority fee collections. The BTA’s funding is granted every April at the start of the Government’s fiscal year. For 2016 the BTA will receive a Government grant of $22.7 million to fund tourism activities on the Island of Bermuda, a 4.6 per cent increase over the Gover nment allocation to the BTA in the prior year 2015/16. The current Tourism Authority fee rate is 2.5 per cent of the rack rate charged by such hotel in r espect of such guest and it is collected on a monthly basis. Hotel guests are charged 2.5 per cent of the rack rate and hotel proprietors are responsible for charging and collecting the fee from hotel guests and remitting such fees to the BTA. The Tourism Authority has recently been granted the ability to raise this fee to 5.5 per cent, but, in concert with the Bermuda Hotel Association, the BTA has decided to only increase the fee to 4.5 per cent. Mr. Chairman, the BTA has prepared initial allocations for its 2016/17 grant of $22.7 million plus the revenue generated from the Tourism Authority fee, which will amount to a total budget of $28,000,196. The planned allocations are as follows, uses by div ision: • The Investment Division will be allocated $939,115 representing 3.4 per cent of the total expenses. • The Product and Experience Development Division will be allocated $3,176,066 repr esenting 11.3 per cent of the total expenses. • The Sales and Marketing Division will be all ocated $18,513,610 representing 66.1 per cent of the total expenses. • The Research and Business Intelligence Div ision will be allocated $814,129 representing 2.9 per cent of the total expenses. • The Operations Division will be allocated $4,557,276 representing 16.3 per cent of the total expenses.
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, before I speak specifically to the goals and objectives of the upcoming financial year, I would like to highlight divisional objectives and goals and accomplishments in 2015.
The Executive Office and Business Intelligence.
• Higher management efficiency of the BTA Board and Committees —and this is ongoing. The Board remains extremely engaged in the oversight and management of the BTA. • Fully integrate performance objective management culture throughout the BTA —has been completed. This goal has been accomplished as the BTA staff has adapted to the performance objective approach to management. • Better utility of business intelligence across the BTA management matrix —this has been
Bermuda House of Assembly completed. All BTA departments are now rel ying on business intelligence in decision making and management practice. This is on both a strategic and tactical level. • To improve communication with on- island stakeholders and general community —this is ongoing and substantive progress has been made. But we are in continuous improvement mode for this objective. Investment
• Improve and expedite the investment process. This has been completed. • Various memoranda of understanding esta blished with key agencies of the Government. • Participate in negotiations and discussions with three curre nt and potential investors. • Establish relationship with major and niche hotel brands. This is completed. Relationships developed with Starwood, Marriot, Windham, Choice, Apple, Hyatt and Hilton. Also attended Marriot’s new owners’ development seminar. • Strengthen support for existing on- Island hotels and hospitality businesses. This has been completed. [They] have held meetings with all major hotels and medium -sized properties to understand key issues and to provide assi stance where possible. • Develop and implement a Horseshoe Bay transportation improvement strategy. This has been completed. Cabinet paper presented in November 2015 for approval for funding and commencement of redevelopment project.
Operations
• The initial roll out of National Service Sta ndards for the hospitality industry has also been completed. Four hundred and nine i ndustry professionals awarded Certified Tourism Ambassador (CTA) status in quarter two. Quarter four programme is currently under way. • Achieve destination marketing organisation certification through Destination Marketing Association International. This has been com-pleted. • Full PATI compliance has been completed. The BTA was in full compliance with PATI r equirements on 1 April 2015. • Unqualified 2015 Audit —completed with no materi al problems identified by the Auditor General. • End fiscal year within budget parameters. This has been completed. • Raising awareness, maintaining support and motivating all to speak with one voice across industry and community sectors. This is ongoing. • The Director of Stakeholder Relations, o nboarded in January 2015. • Strategy developed and implementation is ongoing.
Product and Experience
• Develop at least three new major signature experiences for shoulder season. This has been completed. We initiated programmes for sports training camps, Executive Women’s Golf Association (EWGA) golf school; Ant igua/Bermuda Classic Regatta; International Women’s Keelboat Championships; and the Plein Air Festival. • Secure new calls by cruise ships to St. George’s. This is ongoing. Strategic targeting of premium and luxury brands has resulted in 50 occasional callers for 2016, an additional 15 calls versus 2015, a 43 per cent increase. Five of these new calls will be to St. George’s. Fred Olsen’s Boudicca ship will also berth in the town for its America’s Cup cruise in 2017. • Emphasis on St. George’s product exper ience. Implement strategic Cultural Tourism Plan has been completed. • Assure product experience investments align with sales and marketing objectives. This is ongoing. P lanning and update sessions are held regularly, sales and marketing incorporated into experience investment application process, new supported experiences provide content for sales and marketing. • Improve Visitor Information Services on I sland. This is ongo ing. In house management of Dockyard VIC [Visitor Information Centre] began on 1 April 2015. The challenge has been to balance the high demand for transportation passes versus focusing on VIC core functions of providing visitor information. • Comprehensive R OI review of BTA funded initiatives has been completed. • Established strategy and system for ongoing total quality management for products and experiences. This is ongoing.
Sales and Marketing
• Build year round demand within targeted geo-demographic market s. This is a work in pr ogress. • Gain significant ROI increases with Pink Sale strategy to build bookings in quarter one 2015, Daylight savings promotion and Launched “Buy Her Bermuda” test campaign for quarter four 2015. 1482 11 March 2016 Official Hansard Report
Bermuda House of Assembly • Execute integrated marketing and sal es stra tegy—a work in progress. • Meet weekly with the entire team to build understanding and collaboration across the channels. • Execute strategy to layer group and leisure demand. • Redeploy sales team to focus on advance group bookings and concentrated leisure marketing efforts. • Build capacity to better leverage external partners. • Introduce new cooperative partnership guidelines requiring partners to match BTA inves tments. • Create new visual inspirational marketing assets. Worked with on- and off -Island partners to secure new still photography and video assets to better tell Bermuda’s stories. • Named new Marketing Agency partner to help create new brand platform to launch in 2016.
Summary Outlook for Tourism
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, with hotel development progressing through the planning pipeline, an increased number of hotel jobs in 2015, new airlift capacity, and the bright prospect of the 35th America’s Cup, our tourism industry presents a positive outlook for the country. Due to collaboration between the public and private sectors, plus prudent marketing partnerships between the airlines and the Bermuda Tourism A uthority, air arrivals are better positioned for growth in 2016. In the first quarter of this year airline seat c apacity will increase 18 per cent. This will help give v acationers easier access to the Island by air and, per-haps more importantly, provide a greater opportunity to lure businesses and leisure groups —a performance area that lagged in 2015 as a result of poor group sales booked before the start -up of the BTA. Mr. Chairman, tourism insiders know that group travel is critical to a healthy tourism industry. It provides a base load of business the industry can manage against by layering in individual vacationers. That is w hy the BTA reorganised and redeployed its group sales team in 2015. That has helped to get group sales on the books for 2016 and 2017. These bookings are essential to keep the industry’s emplo yment levels high on a year round basis. Simultaneously, due to strategic targeting of influencers in the cruise industry, more cruise ships will call on Bermuda in 2016 bringing a projected 10 per cent increase in visitors and more occasional calls for our ports in Hamilton and St. George’s. Those two ports will see v isitors with deeper pockets, and it is the modern day trend for smaller ships in the cruise bus iness. Increased direct spending is anticipated across the Island from cruise ship passengers in 2016. Mr. Chairman, entrepreneurs , some of them funded through a competitive BTA investment pr ogramme, are at the core of the BTA’s rebuilding of our tourism products and experiences. About $700,000 in new investment for this initiative is allocated for 2016 and will generate jobs and returns for the overall economy. M ost of these product and experience pr oviders are young Bermudians who have brought their passion and ideas to the fore, stimulating visitor spending, and giving our destination a new attitude. This new attitude is part of the reason we see improvement in tourism industry performance. It is also part of the reason the BTA Marketing and Public Relations team in 2015 generated over $26 million worth of earned media in travel publications, newsp apers and websites across the United States. A dive below the top- line numbers shows that between 2013 and 2014 vacation air arrivals fell by about 10,000 visitors. Between 2014 and 2015 the year over year decline was 1,700. Numerically that is absolutely a very clear picture of arresting the decline of Bermuda’s touris m economy. Regrettably, the weakness of the Canadian dollar in 2015 was a contributing factor in not pushing the air arrival numbers into positive territory. Canadian air arrivals were down 17 per cent in 2015. If they had just remained flat, t otal air arr ivals would have been up for the year. That, in and of itself, is a positive sign. Mr. Chairman, the Government’s confidence in the BTA continues to build. The BTA has finally crawled out of business relationships which were less than advantageous to Bermuda and its ability to mar-ket the Island in a highly competitive environment. With a new advertising agency, a new PR firm, a new social media and website platform, the BTA is well positioned in 2016 to achieve its growth objectives for Bermuda tourism.
2016 OBJECTIVES AND GOALS
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, measuring the impact and success of the BTA occurs quarterly and within the BTA’s annual report. The BTA continually monitors performance in three tiers: for the destination market, for the organisation, and within each division. The BTA is committed to assessing and r eporting on the effectiveness of the sales and market-ing strategy as well as the organisation’s operational efficiency as measured by timely and on- budget ex ecution of act ivities. Throughout this plan we use the term “objectives” to indicate specific, tactical, measurable or tangible achievements. The term “goals” is used to describe a longer term strategy or outcome that may not be measurable or tangible necessarily.
Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: The goals of the 2012 Bermuda National Tourism Plan are still relevant for 2016, and include: • building a unique and competitive positioning; • reducing seasonality; • rebalancing air versus cruise arrivals; • increasing visitor expenditure; • improving quality through tourism value chain; • creating jobs and building pride; • business development and attracting inves tment; • building economic, social and environmental sustainability.
The objectives of the BTA organisation for 2016 are: • an increase in vacation air arrivals; • an increase in cruise arrivals; • an increase in vacation visitor spending; • unqualified audit; • balanced budget; • full PATI compliance; • increased return on experience measur ed by visitor satisfaction, value perception, likelihood to recommend or revisit Bermuda.
Mr. Chairman the following is a summary of the 2016 key BTA orga nisational objectives and goals —Management Metrics for each Business Unit .
Executive Office and Busi ness Intelligence: • to continue to manage the Board to a standard of best practice; • to better integrate sales and marketing with our product and experiences efforts; • assure the management of the BTA is positive and employees come first; • continue to proactiv ely identify research needs and effectively communicate intell igence across the organisation; • streamline use of intelligence by rolling out dashboard tools and integrating business i ntelligence and CRM tools.
Investment: • review and modernise legislation t hat currently retards investment in tourism related i ndustries; • operationalise the investment process, post the passing of a new Tourism Incentives Act; • work with Government to identify tourism designated assets; • to market to international investors; • expand, deepen and strengthen existing rel ationship with hotel brands and developers through attending conferences and/or indivi dual meetings; • work with on- Island hotels and smaller properties to increase investment in redevelopment through proposed incentive act; • work with the Ministry of Public Works to manage and deliver the Horseshoe Bay i mprovement project; • create an investor handbook; • expand the draft tourism infrastructure plan.
Products and Experiences: • complete implementation of ongoing projects from 2015; • establish product and experience enhanc ements targeting specific local economy sec-tors, i.e. retail, entertainment and wellness, to increase visitor arrival and/or spending within each; • leverage technology and influence transport ation enhancements to support quality service for visitors; • implement additional initiatives to enhance Bermuda’s beach economy; • establish experience development strategy for the business and MICE [meetings, incentive, conferencing and exhibitions business] sector.
Operations : • introduce vocational rental programme initi atives; • expand National Service Standards pr ogramme; • lead community based tourism appreciation themed “Call to Action.”
Sales and Marketing: • increase total future spending, influenced by BTA; • increase ROI for m arketing companies; • increase leisure room nights, influenced by the BTA; • increase meeting and incentive leads generated; • increase meeting and incentive room nights, influenced by the BTA.
DIVISIONAL DETAILS FOR 2016
Research and Business Intelligence
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Research and Business Intelligence Division conducts consumer research, tracks tourism trends, and measures customer satisfaction with on- Island product and experiences. The Division measures brand and advertising performance in key markets on an ongoing basis and conducts both quantitative and qualitative r esearch on consumer and industry trends. The group 1484 11 March 2016 Official Hansard Report
Bermuda House of Assembly also assesses competitive positioning, general tourism trends and new markets. The tourism industry is a fast -changing, d ynamic market. Up to date and relevant research is necessary to maintain an advantage against compet itive destinations and to become leaders in the market. For the Tourism Authority and its stakeholders, awareness of market trends, emergi ng opportunities and challenges is critical for future planning and growth. Goals: • Fully implement total quality management (TQM) measurement, a strategy that has been developed to measure all products and experiences on- Island using aggregated online rev iew data. All businesses in the tourism chain are covered using this technique. Process will be implemented in 2016. • Update Tourism forecast. The forecast will be updated to reflect changes in expected hotel inventory and economic conditions. Forecasts will include: hotel inventory, visitor expend iture and arrivals by type. • Integrate business intelligence and customer relationship management (CRM) systems. I ndustry partners will be able to enter data and access reports through the extranet when the new webs ite is live. R&BI [Research and Business Intelligence] will also work with ot hers on the BTA team to ensure robust training of partners. • Implement and roll out dashboard tool. All m ajor metrics used by the BTA to measure the health of the tourism industry as well as organisational metrics will be accessible to any user via the web. • Provide analysis and assistance for airlift d evelopment strategy. Ongoing analysis will be conducted on trends in air capacity, load fac-tors, new routes. PACE and future schedules will assist the Government and the Airport create an air service strategy for the future. • Maintain and update online panel. Panel will be updated periodically and asked to partic ipate in relevant studies resulting from bus iness questions.
Objectives: • Effective communication of research. Rel evant research and business intelligence fin dings need to be communicated to internal stakeholders on a timely basis. • Collectively identify research needs. • Manage and execute research projects on relevant industry topi cs, work closely with other BTA divisions to identify business questions, monitor trends and share leading industry information. • Maintain an up to date and accurate data base of statistics. Inquiries of the R&BI team are made on a daily basis from stakehol ders and partners, both internally and externally. Keeping our data base of statistics up to date is necessary to answer questions on a timely basis. • Gather and analyse local perception. Biannual polls will be taken to measure perception of tourism and the BTA within Bermuda. Questions will be adjusted as needed and results will help shape the communication strategy on Island. • Gather and analyse demand and conversion data for sales and marketing initiatives. I ncreasing demand and ultimate conversion for air passengers will assist the BTA in meeting its main objectives. Analysing third party data on personas and geographic regions can help identify trends and optimise marketing spend. • Assist the product and experience team in analysing the ROI/ROE and identif ying gaps. ROI an ROE will continue to be measured on BTA supported initiatives. R&BI will support with analysis and economic impact calcul ators. Exit surveys and TQM measurements will assist in identifying gaps for future product development.
Activities: • identify, manage and execute research as needed– ad hoc surveys , online panel surveys, internally executed or purchase of sy ndicated research; • alignment of data captured with BTA objectives; • streamlining data sources and analysis; • periodic performance reporting, including arr ival statistics, hotel statistics, demand and conversion, exit survey results, local percep-tion poll, ad hoc/online panel surveys, visitor expenditure and satisfaction. • economic impact and forecasting: • total quality management (TQM) –implement measurement strategy and results distribution.
Investment Division Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Investment Division is responsible for attracting, facil itating, and managing the investment process across the full spectrum of the Island’s tourism economy with specific focus on hotel investment. The Goals: • Modernise hotel related policies and legisl ation. Co -lead the review of the Hotel Concessions Act 2000 with the intent to introduce a
Bermuda House of Assembly new concessions model together with the Ministry of Tourism and Transport. • Develop a hotel investor concierge service. Co-lead the development and implementation of a concierge service together with the Mini stry of Tourism and Transport. • Develop tourism infrastructure strategy. Work collaborativ ely with the Ministries of Public Works, Economic Development, Tourism and Transport to identify key infrastructure inves tment and development opportunities. • Develop and maintain a data base of tourism investments. • Identify and maintain a stakeholder data base to strengthen relationships through meetings and outward engagements in collaboration with the BHA and Bermuda Hotel Employers Associations. • Continue investor outreach strategy. Continue to build strategic relationship with key investors and hotel br ands through direct meetings and/or attendance at conferences. Objectives: • Implement a new Tourism Investment Incentive Act. A new Act has been reviewed, fina lised and passed in Parliament. • New concierge service. A new concierge ser-vice for domestic and i nternational investors — established and implemented. • Investment data base. Tourism data base of investment projects and opportunities. • New capital investment fund. Fund to provide investment support for identified tourism r elated projects and/or assets. • Investment Forum Conference. Host, follow up investor and operator forum to understand sentiment towards progress in investment environment. • Infrastructure Assets. Identify critical tourism infrastructure assets for development and i nvestment.
Activities: • Concierge service. Meet with Ministries of Tourism and Transport, Home Affairs, Public Works and Economic Development to create an investor concierge service. • Local stakeholder engagement. Meet property operators responsible for the top 75 per cent of hotel rooms to understand operating and investment requirements. Meet with small property owners and operators to understand operating and investment requirements. • International stakeholder engagement. Attend various international hotel investment deve lopment conferences with at least one speaking promotional engagement. Engage through multiple avenues with luxury and other hotel brands. Create an investor and hotel brand data base outlining base requirements for i nvestment and operations; hold an Investor Operat or Forum. • Capital Investment Fund. Consult with BTA legal counsel and in conjunction with BTA o perations, to consider creating a separate legal entity to own and manage investment fund and tourism assets. If this initiative is ap-proved the investment sect ion will develop and finalise fund operating and investment r equirements; develop and outline avenues for investment in the fund by interested parties. In consultation with the Ministries of Tourism and Transport, Public Works, and various local agencies, identify potential tourism assets for investment.
Product and Experience
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, in 2016 the Division will focus on: • completing implementation of ongoing pr ojects from 2015; • establishing product and experience e nhancement, targeting specific local economy sectors to increase visitor arrivals and/or spending within each; • leveraging technology and influencing transportation enhancements to support quality service for visitors; • implementing additional initiatives to enhance Bermuda’s beach economy; • establishing experience development strategy for the meetings, incentives, conference and exhibition (MICE) sector. Goals: • increase the overall attractiveness and competitiveness of Bermuda as a tourism destination; • strengthe n tourism demand; • reduce seasonality; • approve and allocate experience investments; • Develop the five tourism hubs —St. George’s and St. David’s, Hamilton, Dockyard, South Shore and offshore Bermuda; • Improve quality throughout tourism value chain; • Execute NTP product development initiatives.
Objectives: • Hub 1: Secure expanded small ship service for St. George’s for the 2018 season, as well as America’s Cup; implement identified prior ities and actions under Hub 1 Cultural Tourism Plan—St. George’s and St. Davi d’s. 1486 11 March 2016 Official Hansard Report
Bermuda House of Assembly • Improve services and revenue generation at Dockyard VIC to bring Bermuda’s Visitor I nformation Services framework in line with global best practice. Direct BTA management of VIC’s also designed to yield efficiencies and possible revenue generation. • Produce regulatory and quality performance assessments; achieve stakeholder engage-ment to maintain excellence in results – Monitor ing of quality and competitiveness of Bermuda’s visitor experiences, categorised by local hospitality market sector. Implement regular destination experience performance assessments (monitoring reports, stakeholder engagement and incentives for continuous quality improvement. ) • Develop and implement specific new events and/or experiences targeting visitors in the r etail, entertainment and wellness categories, targeting specific economy sectors to increase visitor arrivals and/or spending within each. • Develop new signature experiences for the arts and culture season that will include at least two new sport signature experiences, build o n golf and sailing, and at least two new arts and culture signature experiences. • Complete work to establish experience e nhancement and entrepreneurial opportunities at Clearwater Beach, Horseshoe Bay, and Mangrove Bay implementing additional ince ntives to enhance Bermuda’s beach economy. • Develop and implement at least one major signature experience focused on local food culture that significantly differentiates Bermuda’s culinary profile, designed to extend food culture strategy, provide opportunities for local stakeholder engagement, increased vis itor arrival and spending. • America’s Cup: Implement additional new events, experiences and partnerships to further leverage AC for legacy purposes. Partic ular focus on sailing calendar events, for example, the Anti gua to Bermuda Race, Spirit of Bermuda, Race to Bermuda Bespoke cruises, et cetera. • Leverage technology and influence transpor-tation enhancement to support quality service for visitors. Focus on two specific areas in conjunction with relevant public and pr ivate sector stakeholders. Wi-Fi initiative and digital delivery of experi ences, transportation– taxi’s in particular. • Analyse current customer satisfaction and identify new or enhanced offerings to build on Bermuda’s competitiveness for business and MICE v isitors. Conduct outreach and complete surveys with local and international business sectors to confirm priorities for ac-tion. Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the following key activities are targeted for 2016 by major activity area and the timing of completion: • Product development strategy. Review and revise the experience investment application process to address seasonality issues more effectively. • Confirm relevant product enhancements and/or on- Island experience partnerships with cruise lines to support St. George’s service. • Conduct outreach and complete surveys to local and IB business sectors and confirm pr iorities for action. • Develop and implement pop- up beach amenities to pilot at Clearwater and Mangrove Bay. • Confirm action plan and r oll out for Horseshoe Bay upgrades plus possible investments for beach pop- up outlets with the investment div ision.
Culture and Leisure
• Implement Hub 1 Cultural Tourism Action Plan. • Implement partnership activities on- Island with cruise lines under cruis e ship strategy to facil itate increased service to St. George’s and target high- end cruise visitors. • Identify and confirm at least two new signature experiences for 2016/17— A&C Sea son, business case and budgets. • Identify and develop arts and culture projec ts with the greatest ROI/ROE based on BTA goals. • Develop and implement operational improv ements at Dockyard Visitor Information Centre.
Sports and Events
• Identify and confirm at least two new signature experiences for 2016/17— A&C Season, business case and budgets. • Develop and launch at least two golf exper iences, specifically targeting women golfers as key niche markets. • Identify opportunities and confirm VIP exper ience packages for America’s Cup Races. Schedule of at least eight confirmed teams for sport s training camps at the National Sports Centre. • Identify and develop sports projects with greatest ROI/ROE based on BTA goals. • Review and revise the experience investment application process to address seasonality i ssues more effectively.
Quality Management
Bermuda House of Assembly • Develop and implement an appr oach for stakeholder engagement – ensure BTA engages experienced operators, transportation providers, restaurants, hotels and vacation rental sectors on shared commitment to quality product and visitor experiences. • Implement monitoring reports, stakeholder engagement and incentives for continuous quality improvement and industry update sessions.
Operations
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, this Division is responsible for human resources, finance and accounting, information technology, facilities, real estate management, legal and contracts. The division handles management and financial reporting, esta blishes corporate policies and procedures, plus oversees all corporate functions. The division also has the res ponsibility for the development and deployment of National Service Training Standards and management of the BTA’s onIsland and stakeholder communications plus tourism appreciation initiatives. Goals for this division: Corporate governance/General Operations : • Ensure BTA complies with all jurisdictional r eporting requirements, utilising industry best practice. • Deliver an unqualified audit. • On-Island communication stakeholder and community advocacy – Grow third party e ndorsements. Develop and actively maintain two-way community communication and education channels. Tourism Appreciation • Introduce neighbourhood beautification pr oject; continue to grow #lovemybermuda ca mpaign and develop revenue streams from r elated merchandise. Training and Standards • Develop and introduce industry wide service standards. • Implement BTA “ seal of approval ” across r etail, service and vacation rental property sectors. • 400 additional Tourism Ambassadors across industry. • 75 per cent retention rate during CTA renewal process. Human Resour ces and I Technology • Support internal brand alignment; objectives for this division: Corporate and governance: • Continued compliance with PATI legislation. • Stakeholder communications: Strengthen d irect community communication programmes and channels. • Train ing and Standards: Partner with educ ational and training stakeholders to deliver expanded skills programmes under NSSP. • Deploy additional BTA certified Tourism A mbassadors across industry sectors by June 30, 2016. • Tourism appreciation: Lead stakeholder supported private/public sector beautification pr oject. • Human Resources: Continue human resource strategy action items that support BTA’s internal brand promise.
Activities General Operations: • review all contracts for vendor compliance; • maintain PATI compli ance; • release corporate reports versus annual r eport; Finance: • audit preparation and developing financial procedures for receiving vacation rental pro perty activity revenue. Human Resources: • support internal launch of BTA’s brand promise; • identify most adv antageous health benefits plans for BTA (renewal due); • identify key positions for succession planning and initiate relevant development plans; • complete performance appraisals process; • deploy satisfaction survey; • BTA full team building exercises; On-Island communications; revamp BTA corporate website to support community and stakeholder communications across internal divisions subject to launch of new website. Stakeholder Relations: • VRP programme introduction. • Further develop tourism forward media outreach c ampaign. Tourism Appreciation: • deploy Phase 4 of Tourism Appreciation campaign; • launch community service initiative; • maximise reach of hospitality month; • introduce #lovemybermuda merchandising programme with revenue opportunities; I-Technology: Full implem entation of customer rel ationship management system (CRM). Training and Standards: • National Service Standards Programme (NSSP) cross -industry standards agreed. • NSSP skills specific training introduced. • CTA retention drive. • Introduction of the BTA “Seal of Approval.”
Sales and Marketing 1488 11 March 2016 Official Hansard Report
Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, the Sales and Marketing Division sets and executes the sales and marketing strategy of the organisation with the ultimate goal of generating incremental air arrivals to Bermuda. The focus is to deploy an integrated plan targeted at key markets resulting in the greatest return on investment for the Island and its partners. Goals for this division include: • arrest the decline in visitor numbers and value perception; focus more resources in fewer key markets for greater return on investment; • increase air arrivals, spending and experience on island, includes accommodation, food and beverage sales, experiences and attractions, transportation, jobs, taxes through optimum occupancy and r oom rates; • build differentiation for Bermuda; • implement the new brand platform with more deeply integrated marketing and sales strategy, matching Bermuda’s authentic exper iences with the consumer’s desire for aspir ational escape; • build year round demand; increase and layer group and leisure demand; • build internal capacity; better execute strat egies and increase efficiencies in house. Objectives: • increase total future visitor spending—spend influenced by BTA will be tracked monthly; • increase returns on inves tment from marketing campaigns —ROI will be measured for each campaign against visitor spend; • increase leisure room nights —room nights i nfluenced by BTA will be tracked monthly; • increase meeting and incentive leads gener-ated—leads will be tracked on an ongo ing b asis; • increase meeting and incentive room nights — room nights influenced by BTA will be tracked monthly.
Enhancing Bermuda’s brand platform Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, Bermuda has many stories to tell and a destination’s brand creates an emotional bond between the place and the people. With nearly 100 personal interviews and key insights from research and conversations, the BTA has established a brand foundation to help guide how we share Bermuda’s many stories. Bermuda’s brand platform must connect em otionally, set Bermuda apart from the Caribbean i slands, be true to Bermudians, leverage Bermuda’s mystique, change the conversation. Bermuda’s brand promise: To the thrill seekers, explorers, romantics and originals among us, Bermuda is set apart by its location and way of life. It is where people, cultures, and a certain mystique swirl together connecting you to a place far from your ev eryday life. Sounds quite romantic.
Geographic Demand Hon. Patricia J. Gordon -Pamplin: Top source markets searching online for hotels in Bermuda are: • New York City; • Boston; • Washington, DC; • Philadelphia; • Orlando; • Charleston; • Chicago; • Baltimore; • Atlanta; • Toronto; • Los Angeles; • Dallas; • San Francisco; • Hartford, CT; and • Providence, RI
Brand platform opportunities and rewards: • from Sun and Sand, to a year round destination tied to its attitude rather than its assets; • from somewhere in the Caribbean, to an i sland set apart by its location and way of life; • from old and stuffy, to out there it is full adventure and mystique, you never know what is going to happen next; • from a place I’ve heard about but it isn’t for me, to a place that I’m drawn to, it’s where I belong.
Brand alignment
Hon. Patricia J. Gordon -Pamplin: Bermudians – position Bermudians as the keeper s and curators of this lifestyle only made possible by the mix of cultures and people. Travellers —gives them an attitude and a personality to associate with Bermuda. Meetings and events —positions Bermuda as an island destination that stands out from the ot hers by not focusing on its assets. I just want to relax, translates into a place where they can unplug and get away.
Leisure Marketing
Hon. Patricia J. Gordon -Pamplin: Activities in 2016 include marketing: • introduce revised brand platform through all channels;
Bermuda House of Assembly • focus marketing strategies on clearly defined high-yield visitors to recover Bermuda’s lost value; • to integrate efforts across the board including paid, owned and earned media along sales strategies and touchpoints; • create and produce compelling pr omotions and campaigns —“Pink Sale,” “Summer Fr idays” —to generate incremental leisure demand; using the brand platform as a compet itive advantage to focus on Only in Bermuda experiences; • prioritise marketing strategies and select appropriate partners to hel p pull consumers through decision making process from drea ming about a vacation to research and planning, booking, experiencing and sharing; • create visual and inspirational asset content throughout independent and collaborative efforts, building BTA’s inte rnal asset library; • develop custom content distribution and explore appropriate syndication opportunities; • develop and execute global content plan to ensure timely content addressing seasonal experiences and release dates in alignment with consumer plannin g processes; • seek sponsorships and partnerships with a ppropriate brands and events to position Ber-muda as a lifestyle brand; • maximise the impact in alignment with major events, such as the AC World Series Racing event; • employ promotions showcasing unique experiences; • identify and nurture local and global influen-cers and personalities to help share Bermuda’s stories across multiple channels.
Mr. Chairman, the anticipated outcomes i nclude: • raising awareness, desire and ultimately vis itation to the island; • increasing visitation and spending due to greater understanding about the island and her experiences.
Mr. Chairman, with regard to digital marketing, the BTA will: • complete new website to improve Bermuda’s digital footprint across all key markets; • integrate social media with media, trade and consumer marketing in all global markets; • manage search engine marketing efforts and optimise seasonally to drive round websites traffic; • manage a segment and grow a qualified consumer data base for direct marketing efforts; • implement a comprehensive CRM system and approach targeted specifically for different market segments’ needs —M&I, Travel, Trade, Press, Partners, et cetera; • continuously measure and optimise digital marketing efforts to maximise results; • Create and di stribute monthly consumer enewsletter.
The anticipated outcomes include: • increase visitation based on expanded know ledge about Bermuda and island experiences; • more engaged advocates sharing stories, i mages and recommendations about Bermuda; • Expanded bran d awareness of Bermuda.
Mr. Chairman, with regard to public relations and social, the BTA will: • aggregate stronger and more comprehensive editorial calendars by market segments and season; • create and distribute a quarterly media new sletter; • conduct proact ive outreach to targeted journalists and outlets; • host at least 40 qualified individual journalists’ trips throughout the year; • host at least five press trips by key feeder markets or themes; • conduct media missions, desk side visits in five feeder markets including New York, Boston, Washington DC, Chicago and Toronto; • develop relationships with producers and travel correspondents featured on national, regional and cable programmes to develop destination feature stories; • research and qualify syndicated regional radio shows and TV programmes to broadcast live from Bermuda with a special emphasis on seasons and themes to increase travel year round; • leverage film and production opportunities to generate travel, production business, and u ltimately exposure for Bermuda; • work with online stakeholders to streamline and improve film permitting and processing to create more opportunities; • identify and support new film and photo shoot opportunities through targeted trade shows and sales calls with decision makers and loc ation scouts; • work with island partners and their PR reps to strengthen strategic PR efforts; • proactively monitor social conversations about Bermuda to engage with prospective visitors and influencers; encourage influencer and stakeholder engagement through a compr ehensive social strategy; 1490 11 March 2016 Official Hansard Report
Bermuda House of Assembly • grow followers and engagement through all of BTA’s social channels, blogs, Instagram, Facebook and Twitter, et cetera.
The anticipated outcomes include: • positive media coverage from targeted media outlets; • growth in aud ience and engagement in social media communities; • engaged advocates sharing stories and i mages on behalf of Bermuda.
Mr. Chairman, with regard to the travel/trade partnerships, the BTA will: • expand integrated partnerships designed to target high yield customers to create incr emental demand, i.e. Virtuoso and Signature; • work with market partners to leverage direct to consumer and tour operator cooperative o pportunities and bolster support for Bermudaspecific and twin centre holidays as appropr iate; • levera ge Bermuda brand messaging through strategic cooperative marketing agreements; • leverage targeted trade shows or marketplaces to strengthen influencer relationships; • facilitate Bermuda in- person and webinar - based destination training and itinerary development for reservation/call centres for airlines, vacation outlets, and other trade partners to update them on island positioning, seasonal experiences and developments; • build stronger relationships with key travel trade through personal sales calls and regular presentations to share updates on island d evelopments; • host at least one fam tour for key trade par tners to showcase Bermuda’s experiences and developments; • evolve the Tour Operator/Partner Summit for better engagements and results.
The anticipated outc omes include: • increase travel partner support and particip ation in Bermuda marketing activities; • better knowledge and confidence of agents and operators in recommending Bermuda; • increase bookings from travel seller partners.
Sales and Marketing —Group Sale s Deployment Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, in 2015 the BTA redeployed the sales team to be more focused on specialty group sales markets that fit Bermuda’s profile, specifically the corporate/incentive, association, social and golf market s. The organisation also joined Global Luxury Alliance of the Associated Luxury Hotels International (ALHI) to generate more leads for Bermuda. Within the group market, we are focusing on specialty fields that have an affinity with Bermuda and align with t he market profile, including: Insurance and Finance, Pharmaceutical and Medical and Consumer Product Sales (i.e. automotive industry). On the leisure side, BTA focused one team member to specialise in training reservation centre, call centre and travel age nts.
Sales & Marketing —Group Sales
Activities include: • Research and analyse Bermuda’s group sales data to identify opportunities and to launch a new prospecting campaign. • Continue to utilise the incentive fund to strat egically place new opportunities to group bus inesses in need years and periods. • Leverage ALHI’s Global Luxury Alliance 60 person sales team to increase Bermuda’s presence in the M&I market and increase lead generation. • Create a Top 20 Target List for each market segment, with input from industry partners, to help focus sales efforts. • Produce a minimum of two showcase events in key target cities or around certain shows, partnering with ALHI, Bermuda hotel and i ndustry partners. • Target qualified multi -management companies to host executive management, client or board retreats in Bermuda (Leadership Summit confirmed for 2016). Others may include Helms Briscoe, Conference Direct, American Express, Smith Bucklin, Kellen Company, among others. • Implement a comprehensive CRM system and approach target ed specifically for different market segments’ needs (M&I, travel trade, press, partners, et cetera). • Work with partners to create experiential site visits that wow and convert clients.
The anticipated outcomes include: • increase group business to Bermuda, creating a foundation of business further into the f uture; • deliver more leads and referrals from the group market to Bermuda’s travel industry; • increase the knowledge and confidence of meeting professionals and third party planners in recommending Bermuda to their clients; • better efficiencies and ultimately better ROI in sales efforts.
Group Sales (Marketing Support)
Bermuda House of Assembly Marketing Activities: • Create a few, select integrated partnerships with targeted media partners in and around business travel that align wi th and can elevate Bermuda’s position in the marketplace (i.e. BizBash, Travel + Leisure’s new BTAB, and Cvent). • Familiarise clients with Bermuda by developing collateral, e- newsletters and webinars. • Improve marketing technology and support for convention sales process to increase our competitive advantage. • Enrich Bermuda’s digital footprint of content addressing the Meetings and Incentive market, as professionals are increasing the use of Google and other search engines to discover new meeting locations. • Create new tradeshow booth and graphics.
Outcomes include: • increase market share of meetings and events for Bermuda; • increase knowledge and confidence of meeting professionals and third party planners in recommending Bermuda to their clients.
PR & Social
• work with island partners and their US -based reps to strengthen strategic PR efforts; • research editorial calendars and create advertorials; • expand relationships with key meetings mar-ket media through targeted press trips and story pitching; • build meeting professional and influencer advocacy and increase engagement through s ocial media outlets such as LinkedIn. Outcomes include: • positive media coverage from targeted media outlets; • engaged advocates sharing stories and i mages on behalf of Bermuda.
Partner Activation
• hold bi -monthly meetings with hotel sales teams and key island business partners; • use the “Bring it Home” campaign to encourage island stakeholders and friends to partic ipate in pitching appropriate groups to come to Bermuda. Offer BTA services when they are spearheading specific efforts that align with BTA market segmentation and seasonality; • explore partnerships at the island and intern ational levels with key influencers to create or hold targeted, high- profile industry meetings or forums in B ermuda.
The anticipated outcomes include: • stronger relationships and greater efficiencies with BTA and industry partners; • engaged and proud advocates working in partnership and on behalf of Bermuda.
Mr. Chairman, the outlook for tourism in Bermuda for 2016 is promising and with the hard work of the team at the BTA an increase in arrivals and a positive impact on the Tourism and wider economy can be achieved. Thank you, Mr. Chairman, and this concludes my presentation of the Bermuda Tourism Authority, Head 48.
The ChairmanChairmanThank you, thank you, Acting Minister for Tourism Minister Ms. Patricia Gordon- Pamplin of constituency 23. The Chair now recognises the Shadow Mini ster for Tourism and Transport Mr. Jamahl Simmons.
Mr. Jamahl S. SimmonsThank you, Mr . Chairman. Mr. Chairman, I would like to congratulate the Minister for staying on her feet for so long and filling in for the substantive Minister. I do not intend to keep her in her chair as long as she kept me. Mr. Chairman, first, I would …
Thank you, Mr . Chairman. Mr. Chairman, I would like to congratulate the Minister for staying on her feet for so long and filling in for the substantive Minister. I do not intend to keep her in her chair as long as she kept me. Mr. Chairman, first, I would like to beg in by thanking the Bermuda Tourism Authority workers. And I have to preface my comments by thanking the BTA workers because I do not blame them for what is go-ing on. I do not blame them for what is going on. Mr. Chairman, today the BTA issued a stat ement c ondemning the protestors outside. And as you see, Mr. Chairman, I am talking about Head 48, Mini stry of Tourism Development, under which the BTA falls. They issued a statement chastising the people for protesting and [the BTA were] displaying anxiety about the economic impact on the hotels. But, Mr. Chairman, what we see here today in this Chamber that the BTA cannot see, is the anxiety in the eyes of Bermudians who are asking themselves when the BTA asks them, What about the impact to the economy? They are saying, What economy? B ecause they are not working —many of them —they are not seeing the turnaround and they know that we are facing a 49- year record low in air arrivals, Mr. Chai rman. Mr. Chairman, I think that the BTA does not understand the anxiety Berm udians are feeling. And that anxiety should not be laid at [the feet of] the pr otestors, it should be laid at the feet of the Honourable Premier whose decisions have created this anxiety and exacerbated those conditions, have created conditions that left unchecked, unresolved, will continue to see these levels of disruption. 1492 11 March 2016 Official Hansard Report
Bermuda House of Assembly So, Mr. Chairman, I do not want to be unkind to the Premier because it is not all his fault for some of the anxiety that we see in the people outside. Part of the anxiety that Bermudians feel and the concern Bermudians feel must be laid at the feet of the Mini ster of Tourism because of his failure to produce— his failure to produce, Mr. Chairman. Mr. Chairman, the Honourable Minister was part of a team that promised jobs in tourism. They promised construction in tourism, hotel jobs in tourism, they promised increased air arrivals, they prom-ised increased cruise arrivals. But, Mr. Chairman, it has not happened. For successive years it has not happened, Mr. Chairman. The Minister’s brief spoke of an economic turnaround, but I would ask if the people outside share the assessment that the economy is turning around for them. For them is it turning around? I would say no. And, Mr. Chairman, despite a 49- year low in air arrivals, no one has been held accountable, not one person. Now, Mr. Chairman, I looked all through the Budget Book and I saw no performance measures for the Tourism Department, the Ministry of Tourism D evelopment and Transport. And, Mr. Chairman, I understand that they would not have performance measures in the book because they are not exactly a traditional department. But, Mr. Chairman, I do not blame them for not putting performance measures in here because the performance measures, if they were honest, air arrivals, in particular, have not been good. They have not been good. And yet no one has been held accountable. Mr. Chairman, the Minister with the 49- year low in air arrival remains within impunity. Mr. Chai rman, the Chairman of the BTA with a 49- year low in air arrivals remai ns with impunity. Mr. Chairman, the CEO of Bermuda Tourism Authority remains not only with impunity, but with bonuses, after a 49- year low in air arrivals. We are not addressing non- performance. In fact, we are rewarding it, Mr. Chairman. How long will the Premier give the Minister to turn things around? How long will the Minister give the Chairman to turn things around? How long with the Chairman give the CEO time to turn things around? That is the question on many people’s minds. Because the Premier may have confidence in the Minister, the Minister may have confidence in the Chairman, the Chairman may have confidence in the CEO, but if I ask the people out there in the community do they have confidence in any of those parties? I would say the answer is no, Mr. Chairman. I would say the answer is no. And, Mr. Chairman, we (give me a second) . . . we continue to hear that it is coming, that it is coming—the jobs are coming, the turnaround is coming. And like I said, I do not hold any issue with the workers at the BTA and the people in the trenches doing their best to turn things around because it is a monumental task. But we have recently increased the cost of coming to Bermuda through departure tax, through guest tax, we have made it more expensive to come to Bermuda. And, Mr. Chairman, when we look at the surveys conducted by the BTA, when they looked at the people who clicked on the websites, who clicked on the Facebooks, who clicked on the Twitter, to go and follow through to purchase tickets, the links dr ew them in, the pictures drew them in, the marketing approach of the workers in the Bermuda Tourism Authority drew them in, but yet when they clicked through, they found our hotels too expensive, our airline tickets too expensive. Those were the reasons gi ven why many people who were lured in by the attractive marketing did not actually close the deal. Mr. Chairman, in good conscience, how can the Minister continue to stay on in this role? How can he continue with this lack of performance and no accountabil ity? Mr. Chairman, you know, in Bermuda, when you travel as a Bermudian and you speak to people about coming from Bermuda, what is the first thing they ask you? They say, Oh, like the Triangle? The Bermuda Triangle? And with this tourism and this approach to tourism it has been our cruise ships that are lost in the Bermuda Triangle, it has been our air lift that has been lost in the Bermuda Triangle, it has been our visitors that have been lost in the Bermuda Triangle. But the “triangle” that has not been held accountable for it is the Minister, the Chairman and the CEO. That triangle continues to sit there with impunity without being held accountable for non- performance. Now, Mr. Chairman, if that does not motivate the Premier to act, if it does not motivate the Minister to act, if it does not motivate the Chairman to act and hold someone accountable, then perhaps the Hon-ourable Premier could think of another triangle—the triangle of the husband, wife, and child— who are rel ying on performance, the jobs that were promised, the projects that were promised, the hotel opportunities that were promised, that have not been delivered. That is the triangle they should think of if we are not going to hold people accountable, if people will sit in positions with impuni ty and continue to not perform. Someone must be held accountable, Mr. Chairman— someone— and if not for the taxpayer, at least for the families of Bermuda who are expecting performance. If we are going to see any turnaround, tourism will be key to that. And, Mr. Chairman, if the Premier was in his seat he would know cows cannot produce milk if they are not grazing. And right now Bermuda is not grazing and the BTA is not grazing to the full extent under the leadership that we are seeing from the Minister, the Chairman and the CEO. Who will be held accountable? Who will be moving forward to address the lack of performance? We cannot continue on this path.
Bermuda House of Assembly Mr. Chairman, every day that that triangle of failure stands, every day that the Premier allows that triangl e of failure to go without being held accoun table, to stand with impunity, is another day that our people continue to not have jobs, they continue to not see opportunities, they continue to bear the brunt of non-performance. Thank you, Mr. Chairman.
The C hairman: Thank you, Shadow Minister. Are there any other Members who care to speak to this Head? No? The Chair now recognises the Acting Minister. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, let me just say . . . let me thank the Honourable Member for his contribution. And let me say, Mr. Chairman, that while he prefaced his comments respecting the bulletin that was issued by the BTA today expressing concern about the impact on the tourism industry, the Honourable Member went on to say that the frustrations that were exhibited have to be put back to the Government as a result of no jobs in tourism, no jobs in tourism construction. And I have to remind the Honourable Member, Mr. Chairman, that in a two- year—sorry in a three- year period of time, the Tourism Department created— it was then the Department of Tourism — created the Tourism Authority, got it up and running, while it was in its embryonic stage and attempting to put everything in place to ensure that they were sel ling and marketing Bermuda effectively and properly for the benefit of all people, concurrently, Mr. Chai rman, there was the renovation at the Princess in Hamilton, the Fairmont in Hamilton, which I believe now is in its third stage, and it created significant jobs in the construction area of tourism. We also have had this past week, if not the week prior, the signing of the necessary documentation so that the hotel, the Desarrollos Group, can carry on and get on with their pr ojects. We have seen additional work being done at Pink Beach and we have seen Coral Beach Club com-ing online and we have seen many projects that have come down the pipeline in the tourism field. Mr. Chairman, I understand that we come to this Honourable House and perhaps feel as though we hav e to, you know, open our mouths, or have to take a politically adversarial position, which does n obody any good because if you take an adversarial p osition that is based in fact, Mr. Chairman, we are quite happy to deal with those facts. But when your posi tion is misguided and misinformed, then I believe that we as a Government have to stand —
The ChairmanChairmanThe Chair recognises the Shadow Minister. You have a point of order? POINT OF ORDER
Mr. Jamahl S. SimmonsThe Honourable Minister must have missed the point of what I was saying, just to clarify for her, I am criticising the 49- year low in air arrivals and the poor, poor performance on all those jobs because most of those they have listed are not permanent jobs. Thank you.
The ChairmanChairmanThank you, Shadow Minister. The Chair now recognises the Acting Minister, once again. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I believe that the Honourable Member needs to listen to his own words. He says there have been no jobs created in tourism, there have been …
Thank you, Shadow Minister. The Chair now recognises the Acting Minister, once again. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I believe that the Honourable Member needs to listen to his own words. He says there have been no jobs created in tourism, there have been no jobs created in tourism construction, but he is now qualifying his comment by saying that the jobs that have been created are not permanent jobs. Mr. Chairman, there is no construction job that is a permanent job, irrespective, because at some point in time the construction project is going to come to an end. So if you are going to make comments, at least make sensible comments. And what we just heard, Mr. Chairman, do es not qualify to be a sensible comment. But with that said, Mr. Chairman, I do not b elieve that the public of Bermuda thinks that we are not trying to be able to bring jobs to the table. So when we have the construction project that we hear all kinds of criticism about, Mr. Chairman, it is almost as though, Don’t get it done OBA Government. Don’t get it done, please, because you will put people back to work and that defeats our narrative.
The ChairmanChairmanThe Chair recognises the Shadow Minister. POINT OF ORDER [Misleading]
Mr. Jamahl S. SimmonsThe Honourable Member is misleading the House. Numerous Members of the Opposition have repeatedly said that we want to see these projec ts succeed, which is why we want people to be held accountable for a 49- year low in air arrivals. Thank you, Mr. Chairman. 1494 11 March 2016 …
The Honourable Member is misleading the House. Numerous Members of the Opposition have repeatedly said that we want to see these projec ts succeed, which is why we want people to be held accountable for a 49- year low in air arrivals. Thank you, Mr. Chairman.
1494 11 March 2016 Official Hansard Report
Bermuda House of Assembly The Chairman: Thank you. The Chair now recognises, once again, the Acting Minister.
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, let me just say (and I am not going to prolong this because I think the argument is just, it is probably one of the most vacuous that I have heard from the Honourable Member), but let me just say that if there was great need in embracing up the project, they had a very poor way of showing it, as we had to sit and li sten to the criticisms of the developers of the Desarro llos Group, who were called everything outside of their names, Mr. Chairman, that that does indicate that this is somebody who is embracing and supporting the development of that project. But that project will go ahead, Mr. Chairman. We have Morgan’s Point which will go ahead, Mr. Chairman. Some of the smaller projects will go ahead in the construction phase, and those construction jobs, while they will come to an end, they will generate value for the economy during the currency of those projects. Couple that, Mr. Chairman, with the end product, once the projects have been completed, there will be ongoing work for people. So employment oppor tunities will be there and they will be there in spades, Mr. Chairman. And it is that to which we are looking forward. Mr. Chairman, I understand the frustrations that may have been exhibited in terms of the rapidity, or lack thereof, with which informati on, or jobs have not come to the market. I understand that. The frustr ation is there for all of us because we committed that we would create the environment for jobs to be avai lable and we are working assiduously towards that end. When I look at some of wh at is coming down the pipeline for next year, in terms of the reports that will come out, in terms of what is staged to come through, the increases and the improvement in the results, let me just say that I am sure that we would all hope that the results are better. And when you have an embryonic institute, Mr. Chairman, you would like to give them the opportunity to get off the ground. When we look at the plethora of initiatives that they have indicated in this particular budget and the allocations that they will get and the plans that they have, if we are committed to ensuring that Bermuda succeeds, and if we are committed to ensuring that the people who find themselves frustrated for not having jobs are able to rectify that situation, Mr. Chairman, we sho uld be embracing one another to look forward to the success of our tourism industry, our tourism product, and our Tourism Authority. Mr. Chairman, you can be assured that we as a Cabinet hold the Minister accountable. It is the Pr emier’s call as to who ful fils that space. But our Tourism Minister works so hard. I think he has probably worked himself into a frenzy to the point that now he is ill and unable to carry his brief. And I know that he would not want for me to have done it, Mr. Chairman, he would ha ve wanted to do it himself. Because that Honourable Member, the Honourable and Learned Shawn Crockwell, ought to be proud of the effort that he has put into the tourism product. And we are going to support him, Mr. Chai rman. We are going to ensure that the results that are expected, the results for which the Tourism Authority will be held liable and accountable, will be delivered. With that said, Mr. Chairman, I would just like to move Head 49 [sic] .
The ChairmanChairmanHead 48. Hon. Patricia J. Gordon -Pamplin : Sorry, Head 48 of the Ministry of Tourism Development and Transport.
The ChairmanChairmanMembers — Hon. Patricia J. Gordon -Pamplin: The Bermuda Tourism Authority.
The ChairmanChairmanMembers, the Minister, acting on behalf of the substantive Minister, has sought t o have Head 48 of the Ministry of Tourism Development and Transport approved. Are there any objections? No objections. Approved. [Gavel] [Motion carried: The Ministry of Tourism Development and Transport, (Bermuda Tourism Authority) Head 48, was approved …
Members, the Minister, acting on behalf of the substantive Minister, has sought t o have Head 48 of the Ministry of Tourism Development and Transport approved. Are there any objections? No objections. Approved.
[Gavel]
[Motion carried: The Ministry of Tourism Development and Transport, (Bermuda Tourism Authority) Head 48, was approved and stands part of the Estimates of Revenue and Expenditure for the year 2016/17.]
The ChairmanChairmanThank you, Minister. The Chair now recognises the Minister of F inance, the Honourable Bob Richards. Hon. E. T. (Bob) Richards: Thank you, Mr. Chai rman. I move that the House rise and report pr ogress and to resume on Monday next, [14 March 2016].
The ChairmanChairmanThank you, Minister for Finance. It has been moved, Members, that the Committee rise report progress and ask for leave to sit again. Is there an y objection to that motion? No objection. Agreed to. Bermuda House of Assembly [Motion carried: The Committee of Supply agreed to rise and report …
Thank you, Minister for Finance. It has been moved, Members, that the Committee rise report progress and ask for leave to sit again. Is there an y objection to that motion? No objection. Agreed to.
Bermuda House of Assembly [Motion carried: The Committee of Supply agreed to rise and report progress, and sought leave to sit again.] [Pause]
House resumed at 6:05 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
ESTIMATES OF REVENUE AND EXPENDITURE FOR THE YEAR 2016/17
The SpeakerThe SpeakerThank you, Honourable Members, for concluding the National Security and Tourism Heads. Hon. E. T. (Bob) Richards: Mr. Speaker —
The SpeakerThe SpeakerYes. Hon. E. T. (Bob) Richards: —with your indulgence, if we could just switch the order of the next two matters we are going to take, if I can take the Government Loans Amendment now?
The SpeakerThe SpeakerOne second, Member. Okay, now what did you want to do, sir? Hon. E. T. (Bob) Richards: The Government Loans Amendment Act, switching [Orders No.] 6 and 7, the order.
An Hon. Member An Hon. MemberA switch in the order, Mr. Speaker.
The SpeakerThe SpeakerYou are switching the order of 6 and 7?
The SpeakerThe SpeakerIs that all right? Does the Opposition have any problem with that? Fine. Okay. But we have . . . [Order No.] 3 first. So that we would do Order No. 3 . . . are we not doing that?
An Hon. Member An Hon. MemberCarried over.
The SpeakerThe SpeakerOh, that is carried over, okay. So [Order] No. 1 is carried over, [Order No.] 3 is carried over, Order No. 4 is carried over, Order No. 5 is carried over, and then we will do Order No. 7 and then Order No. 6. Hon. E. T. (Bob) Richards: Correct.
The SpeakerThe SpeakerThen the Chair will recogni se the Mini ster of Finance. BILL SECOND READING GOVERNMENT LOANS AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I wish to now ask the Honourable House to give consideration to the Bill entitled the Government Loans Amendment Act …
Then the Chair will recogni se the Mini ster of Finance.
BILL
SECOND READING
GOVERNMENT LOANS AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I wish to now ask the Honourable House to give consideration to the Bill entitled the Government Loans Amendment Act 2016. The Bill seeks to amend the Act to provide for an additional source of funding for the Government Borrowing Sinking Fund by means of the sale of Government property. The Government Loans Act 1978 provides for the Government’s authorit y to borrow money, the maximum amount that may be borrowed, and the establishment of a Sinking Fund by which to repay such borrowing and related matters. Mr. Speaker, as I mentioned in the Budget Statement, Government owns billions of dollars worth of ass ets so despite our precarious debt situation, our assets exceed our liabilities. Unfortunately, this does not help very much until and unless some of these assets can be converted into cash to assist us in meeting our obligations. Mr. Speaker, Honourable Members will also recall that I advised the House that during 2015 Government conducted a survey of the assets it owns but does not need for any foreseeable purpose. I noted that a number of properties have been marked for sale by way of public auction and that this will be done in an orderly fashion so as not to distort the market. I also announced that the proceeds of these sales will be placed directly into the Sinking Fund for debt r eduction. Selling assets to lower Government’s cash borrowing requirement or reducing debt is not a new technique. Governments across the world have long been exploring whether they could use their non-financial assets, such as land and buildings, to help ease their deficit and debt burdens. Mr. Speaker, the Government realis es that the sale of Government assets is no panacea for our def icit and debt problems as the Government can only sell an asset once. Nevertheless, for governments that are serious about bringing their spending in line with revenues and reducing their debt, properly regulated asset sales can be a useful short -term tool. It can also allow governments to reduce their debt and improve their credit ratings. Mr. Speaker, it is important that the proceeds from our asset sale programme be primarily used to reduce o ur debt rather than to fund new programmes. To meet this policy objective it is proposed to amend section 2 of the Government Loans Act 1978 and to 1496 11 March 2016 Official Hansard Report
Bermuda House of Assembly allow proceeds from the sale of specified Government land and properties to be paid into the Sinking Fund. Honourable Members are aware that all land and property sales require the prior approval of Parliament in accordance with section 8 of the Public Lands Act 1984, which empowers the Minister r esponsible for Works and Engineering—I guess it is now just called the Minister for Public Works —to sell Government land. It is proposed to supplement section 8 with a new section 8(2A) of the Act. This section will not apply to all land sold, but land identified as suitable to sell for the purposes of providing additional sources of funding for the Sinking Fund. This means that the Minister responsible for Works would only use the provisions of section 8(2A) where the Government has identified land which can be sold with the objective of paying all or some of the proceeds of the land sold into the Sinking Fund. The Minister responsible for Works would be required, under the proposed subsection, to obtain the prior approval of the legislature before selling the land and with respect to the amount of the proceeds of the land sold that are being paid into the Sinking Fund. Where Government land is being sold, generally to pay the proceeds of the sale into the Consolidated Fund, the Minister responsible for Works and Engineering has to sell the land under the current provisions of section 8(1) of the Act. To provide for the necessary checks and balances, Honourable Members can anticipate the appropriate Notices of Motion in due course, including this one. Mr. Speaker, Government remains committed to prudent and sensible fiscal management and the disposal of non- strategic assets as a potential avenue to reduce debt and improve budget balances. With these few remarks, Mr. Speaker, I would like to read the Bill for the second time, the Bill entitled the Government Loans Amendment A ct, and to invite Members to participate. Thank you.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Honourable Member from constituency 18, the Shadow Minister of Finance, MP David Burt. You have the floor.
Mr. E. David BurtMr. Speaker, the only question that I have for the Minister is that the Minister has r epeatedly said that the Government has identified properties that are excess to requirements, yet we have not yet heard about these properties that are surplus to requirements. So one would hope that the …
Mr. Speaker, the only question that I have for the Minister is that the Minister has r epeatedly said that the Government has identified properties that are excess to requirements, yet we have not yet heard about these properties that are surplus to requirements. So one would hope that the Minister, while we are considering this, would at least allow and share what those properties are if they have identified . . . that we heard in the Bud get Debate. We heard that here, and it would be useful to understand what ex-actly the properties are because we have not heard that today. However, that much being said, asset sales are not something that is particularly new or that is particularly novel. The Government wants asset sales to go into the Sinking Fund and not be used in the regular budget. That much is fine. The impact overall is negligible because, I mean, the fact of the matter is if Government has to make up money for services, they are going to have to borrow money and it is not going to necessarily affect net debt if the money that is received from the proceeds of the sale is inside the Sinking Fund. So it kind of washes, it does not matter where you put it, but if the Government wants to put it in the Sinking Fund, that is perfectly fine. The challenge really is, what are they selling? On our side we have advocated . . . the last thing we would like to see is that Government assets that may be needed in the future are just sold off because the Government is looking around to get more money into the Sinking Fund, from that aspect. So it just needs to make sure that it is careful and considered. The Minister has said that there is a strategy. We have not heard the strategy; there have been no Ministerial Statements about what the strategy is, what the review is. I am sure that did not come up i nside of the Minister’s long four -hour brief the other day when we were talking about Works and Engineering. So once again we are here passing a Bill , but not knowing exactly what the strategy is behind the Gov-ernment, or the land which you are looking to dispose of. So I would hope that the Minister would, at least, enlighten us as to the strategy which Cabinet is approaching on this issue so we can have a better understanding in the House as to which properties are looking to be sold. Thank you.
The SpeakerThe SpeakerThank you. Any other Honourable Member care to speak? The Chair will recognise the Honourable Learned Member from constituency 36, MP Michael Scott. You have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I just want to reinforce what the Shadow Finance Minister has asked. I …
Thank you. Any other Honourable Member care to speak? The Chair will recognise the Honourable Learned Member from constituency 36, MP Michael Scott. You have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I just want to reinforce what the Shadow Finance Minister has asked. I once held a portfolio of Government Estates, Minister, and was looking at similar proposals about sales of assets excess to the Government’s needs. And it does involve in some cases, and in some quarters, some contr oversy about selling off Government land. And it is patBermuda House of Assembly ently answerable to the whole question of transparency that this House, who is meant to vote on this, understands, therefore, given that it has the capacity for controversy, to know what the assets are that have been identified. I say this because civil servants advi sing me when we were looking at this, it was the first thing that we did. So it cannot be said . . . I dare say, it cannot be said that we do not know yet. I hope that is not the answer that the Minister of Finance will propose to the House, that was driving the entire intelligent examination of the sale of assets excess t o the needs when civil servants advised me in a prior administration on this whole question. So I know that the whole issue of identifying likely assets and land is what has been done and is the usual protocol and precursor to this whole question as a matt er of policy. So I hope we are going to hear this inform ation shared with us.
The SpeakerThe SpeakerAll right. Thank you, MP Scott. The Chair will now recognise the Honourable Member from constituency 35, MP Dennis Lister. Hon. Dennis P. Lister: Thank you, Mr. S peaker. Mr. Speaker, I am getting on my feet to r espond based on the comments that the Minister made in his …
All right. Thank you, MP Scott. The Chair will now recognise the Honourable Member from constituency 35, MP Dennis Lister.
Hon. Dennis P. Lister: Thank you, Mr. S peaker. Mr. Speaker, I am getting on my feet to r espond based on the comments that the Minister made in his presentation. And, Minister, your presentation has somewhat of a conflict compared to the present ation that was made by the Minister who is respons ible for these properties, as far as the Minister of Works, when he did his presentation under that Head. I do not want to go back to those earlier debates, rules do not allow that. But, Mr. Speaker, clarification in that during the debate on Works and Engineering the Minister made reference to the properties, that there would be a list of properties, still we do not know what [is on the] list or how large it is. My question is basically are we talking about a handful of properties or quite a few properties? But to this date no indication has been given about the number, size, or state of the properties, whether it is buildings or just open land, et cetera, et cetera.
[Inaudible interjection]
Hon. Dennis P. Lister: Islands?
[Inaudible interjection]
Hon. Dennis P. Lister: Okay. So, see, because no clarification has been brought to this, there is all sorts of speculation going on. The question is simply we have been asking you all of this time to provide some clarity so the speculation goes off the table. However, my point for rising, Mr. Speaker, is that during the Budget Debate, and when you look in the Budget Book there is a line in the budget under Works and Engineering that identifies a figure that is going to be realised on the books of the Works and Engineering Ministry, the department, from sales of these assets. The Minister clearly indicated that that is going to be a profit that we are going to be making and putting into the Works and Engineering budget from the sale of these assets. Clearly, Mr. Speaker, if these monies are g oing to be used as part of the revenue realised and put on the books of Works and Engineering, how are they now going to be put into the Sinking Fund? Because this here indicates that they would be going into the Consolid ated Fund. It shows here in the Budget Book as funds realised by that particular ministry for that particular ministry, they are funds considered as part of the Consolidated Fund.
[Inaudible interjection]
Hon. Dennis P. Lister: But the Minister now is sa ying that those funds are going into the Sinking Fund. So I am seeking clarity because the two Ministers seem to be at odds on this, Mr. Speaker.
The SpeakerThe SpeakerAre there any other Honourable Members who care to speak? Then, Minister, you have the floor. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. To answer the last speaker’s question first, in Government all cash transactions go into the Consol idated Fund by default. What we are trying to …
Are there any other Honourable Members who care to speak? Then, Minister, you have the floor.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. To answer the last speaker’s question first, in Government all cash transactions go into the Consol idated Fund by default. What we are trying to do here is make a provision for these special sales to go through the Consolidated Fund into the Sinking Fund. Because every transaction the Government does by default goes into the Consolidated Fund —through the Consolidated Fund. So there is no mystery or conflict as far as that is concerned. If we sold a proper ty and it was, say, a million dollars, that million dollars would go into the Consol idated Fund. But it would be earmarked to go into the Sinking Fund because the Sinking Fund . . . the way the Act is structured now, it is not structured to receive that mi llion dollars because right now the amount of money that goes into the Sinking Fund is either ac-cording to the formula of 2.5 per cent of debt or from what we did two years ago, the result of the proceeds of a new financing. So we made that change too. R emember we did that; we had to change the Public Treasury Act to accept excess funds that we borrowed. So it is exactly the same sort of thing. So there is no mystery there. Insofar as which properties are concerned, well, it is up to the Minister of Public Works to advise Parliament what those properties are, and which properties are . . . I know that the Honourable former Minister, Member Scott . . . I know from conversations that we had that he was actively involved in doing that while he was the Minister . But this is basically a con1498 11 March 2016 Official Hansard Report
Bermuda House of Assembly tinuation of that, except that I did not want any pr oceeds of sales to get lost in the Consolidated Fund and get re- spent. That is the difference here.
Hon. Dennis P. Lister: May I have a clarification? Hon. E. T. (Bob) Richa rds: Sure.
POINT OF CLARIFICATION
Hon. Dennis P. Lister: Minister, Mr. Speaker, point of clarification. So for clarity for this purpose then, all funds realised will go into the Sinking Fund from the sale of these properties? All funds? Hon. E. T. (Bob ) Richards: Well, we have given ourselves some flexibility in that respect, and you will see that there is flexibility to have not all funds. But I know the policy intent is to have the funds from these properties that have been identified, the proceeds of those sales to go into the Sinking Fund. But the way the legislation here is structured it does not . . . it gives us some flexibility in case something arises where we do not have to put all the funds in there. But yes, that is the intent. And the purpose of this particular legislation is just to amend the Government Loans Act to enable this to happen. When the Minister of Works is ready to proceed, then he will come back here and advise ev erybody which properties there are. So with that, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. It has been moved that the Bill be committed. Any objections to that? Then I would ask the Deputy Speaker to please take the Chair [of Committee]. [Pause] House in Committee at 6:23 pm COMMITTEE ON BILL [Mrs. Suzann Roberts -Holshouser, Chairman] GOVERNMENT LOANS AMENDMENT ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the Whole House for further consideration of the Bill entitled the Government Loan 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. This Bill, the …
Members, we are now in Committee of the Whole House for further consideration of the Bill entitled the Government Loan 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. This Bill, the Government Loans Amendment Bill 2016, seeks to amend the Government Loans Act 1978 to provide for an additional source of funding for the Bermuda Borrowing Sinking Fund by means of the sale, with the prior approval of the Legisl ature, of identified land, the property of the Government, the pr oceeds of which will be paid into the Sinking Fund; and to make consequential amendments to the Public Lands Act 1984. Madam Chairman, there are three clauses. I would like to move all three of them.
The ChairmanChairmanAre there any objections to moving the three clauses? No. Please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clause 1 provides the citation for the Bill. Clause 2 amends the Government Loans Act 1978 in section 12(2) to insert a new paragraph (c) to provide for an …
Are there any objections to moving the three clauses? No. Please proceed.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clause 1 provides the citation for the Bill. Clause 2 amends the Government Loans Act 1978 in section 12(2) to insert a new paragraph (c) to provide for an additional amount to be paid from the Consolidated Fund into the Government Borrowing Sinking Fund. The additional amount is to consist of the proceeds from the sale of land belonging to the Government and which has been identified as suitable for sale for the purpose of providing additional funding for the Sinking Fund by the Government as approved by the Legislature. Clause 3 provides for a consequential amendment to be made to the Public Lands Act 198 4 in section 8 by inserting a new subsection (2A) to e nable the Minister of Public Works, with the prior approval of the Legislature, to sell land which is the property of the Government and that land which has been identified as suitable for sale for the purposes of funding for the Sinking Fund. The amount of the pr oceeds of the sale of the land to be paid into the Sinking Fund may be all of it or part of it, as approved by the Legislature. Those are three clauses, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 3? The Chair recognises the Member from constituency 18. You have the floor.
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, there is a just a little bit of confusion on my side. And the confusion comes from . . . it seems as though . . . I am hopeful the Minister can explain, because when we were . . . I …
Thank you very much, Madam Chairman. Madam Chairman, there is a just a little bit of confusion on my side. And the confusion comes from . . . it seems as though . . . I am hopeful the Minister can explain, because when we were . . . I will give you a clause just so I do not get pulled up. But if we go with clause . . . say, for inst ance, three. And clause 3 says that the money shall be transferred into the Sinking Fund, but there is, I guess,
Bermuda House of Assembly nothing in the estimates [of revenue and expenditure] that shows money that might get transferred into the Sinking Fund. It is recorded on the revenue side, but there is nothing that shows the transfer. The amounts for the Sinking Fund contribution do not show an extraordinary amount of the Sinking Fund contribution. They do not show an increase, so we basically see the revenue is being increased by $3.4 million . . . I am sorry, by $3 million for asset sales inside of the estimates, and the expenditure. And when we look at the consolidation, on the Sinking Fund contribution line, the Sinking Fund is 2.5 per cent of net debt. So the contribution is 2.5 per cent of net debt, which is [what it is] supposed to be. That figure is correct; matched upon the net debt amount. But the revenue is being recorded as the $3 million into the Consolidated Fund as the Shadow Minister for Works said. However, we do not see a corresponding increase in the contribution, or I guess, the transfer into the Sinking Fund. So the question is, are we double counting the revenue or have we just ignored this whole $3 million that is supposed to come insofar as the adjustment s which are coming? Because some way it does not look like the numbers were properly added up. And I am hoping the Minister can help to explain how that is supposed to be. If the $3 million is supposed to go into the Sinking Fund, and it goes to the Consolidated Fund first, then one would think that the Sinking Fund contribution would be increased by $3 million to show that offset. So there would be an actual and accurate representation of what the net . . . the ending deficit would be. But if you are putt ing the $3 million into the Consolidated Fund and not increasing the Sinking Fund balance that means that you are reducing your deficit, or showing what your budget deficit will be, by $3 million when that is actually not the case. So I am hoping the Mini ster can clarify that for me.
The ChairmanChairmanThank you very much. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I mean, the Honourable Member has a point, but the answer to the question is that the flow through of the money, the proceeds, has not been anticipated to go to the …
Thank you very much. The Chair recognises the Minister.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I mean, the Honourable Member has a point, but the answer to the question is that the flow through of the money, the proceeds, has not been anticipated to go to the Sinking Fund in the budget. That is all. In other words, if we sell the $3.5 million of assets (as I said to the Honourable Member previous), by default, everything goes through the [Consol idated] Fund. The second step of transferring it into the Sinking Fund has not been accounted for in the budget at this time. But it has not happened yet. And when it happens it will get done. But we do not have the ability to do it and this legislation gi ves us the ability to do it.
The ChairmanChairmanThank you. [Inaudible interjections] Hon. E. T. (Bob) Richards: It does not show up, I agree with that.
The ChairmanChairmanJust a minute. The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you, Madam Chairman. I will be quick, I guess. But I guess the challenge that I have is the fact that the estimates are then not correct. Because if you are going to sell the $3 million and you are going to tell us that the Gover nment policy …
Thank you, Madam Chairman. I will be quick, I guess. But I guess the challenge that I have is the fact that the estimates are then not correct. Because if you are going to sell the $3 million and you are going to tell us that the Gover nment policy is that you are going to transfer the $3 million to the Sinking Fund, you should reflect that in your budget. But if you are not going to . . . that is what is not making sense to me. I understand what the Minister is saying that it is not recorded. But the quest ion is, Are you going to transfer it or are you not going to transfer it? Because if you are, then you should have your numbers act ually reflect what the budget will actually be, and that means that the deficit will be $3 million larger, if that is what they are going to do. They are counting the revenue into the Consolidated Fund; however, if they are going to transfer additional money out of there . . . so they are counting the revenue into the Consolidated Fund but they are not in any way showing the money that is going to be transferred out of the Consolidated Fund. If we are approving those estimates, then what? Do we have to have a supplementary for a transfer to a different fund later? Is that what is expected? Because surely what we are approving inside of the budget should be what is actually going to be done by the Government.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, if the funds were transferred into the Sinking Fund it would reduce . . . it would be like an expense to the Go vernment. So that expense has not been shown. But we cannot …
Thank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, if the funds were transferred into the Sinking Fund it would reduce . . . it would be like an expense to the Go vernment. So that expense has not been shown. But we cannot transfer those funds in the budget until we actually realise the proceeds of the sale of the assets. So there is nothing sinister or my sterious about this because, you know, if it flows through to the Sinking Fund, if we decide to take some extra money and put it into the Sinking Fund it would increase the deficit. You know, the contributions to the Sinking Fund come out of Government coffers. So remember this is accounting for the Consolidated Fund here. There is nothing mysterious about this. It is a fact that we have not accounted for the removal of the pr o1500 11 March 2016 Official Hansard Report
Bermuda House of Assembly ceeds from sale of the assets to the Sinking Fund and we will not account for them until those proceeds m aterialise, and then they will be accounted . . . they will be transferred into the Sinking Fund. And so the estimates are accurate as we speak. When that happens then it gets transferred over there.
The ChairmanChairmanThank you. Are there an y other Members that would like to speak to clauses 1 through 3? The Chair recognises the Member from constituency 17. You have the floor.
Mr. Walton BrownThank you, Madam Chairman. Can the Minister confirm whether or not the Admiralty House Park is on the list to be sold?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: I do not think so, but I am not sure. I do not think so.
The ChairmanChairmanAre there any other Members that would like to speak to clauses 1 through 3? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Chairman. Minister, can you confirm whether the amount that is indicated in the Budget Book that will be rea lised …
Are there any other Members that would like to speak to clauses 1 through 3? The Chair recognises the Member from constituency 35.
Hon. Dennis P. Lister: Thank you, Madam Chairman. Minister, can you confirm whether the amount that is indicated in the Budget Book that will be rea lised from sales is the full anticipated amount of that complete list or is that number just a partial, it repr esents a partial figure of the total list to be sold? Or does it represent the full list?
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: First, I would like to e mphasise that the $3.5 million is an “estimate” of what the proceeds could be. All right? That is the first thing. [Inaudible interjection] Hon. E. T. (Bob) Richards: Okay, I thought it …
Thank you. The Chair recognises the Minister.
Hon. E. T. (Bob) Richards: First, I would like to e mphasise that the $3.5 million is an “estimate” of what the proceeds could be. All right? That is the first thing.
[Inaudible interjection]
Hon. E. T. (Bob) Richards: Okay, I thought it was three and a half. Anyway, it is an esti mate of what the pr oceeds will be. But that is an estimate of the aggregate amount that we will realise from selling the properties that are on the list to be sold.
Hon. Dennis P. Lister: The entire list?
Hon. E. T. (Bob) Richards: Yes.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 3? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, I am not going to belabour the point. I just want to make sure that we are clear that the Minister is estimating revenue to come to the Government but is not estimating the expenses of transferring that money to the Sinking …
Thank you very much, Madam Chairman. Madam Chairman, I am not going to belabour the point. I just want to make sure that we are clear that the Minister is estimating revenue to come to the Government but is not estimating the expenses of transferring that money to the Sinking Fund. And that is fine, but that is what he is telling us here. So that means that the estimates that are listed here are probably a little b it off stated.
The ChairmanChairmanWhen you say “here” for the people who cannot see what you are pointing to—
The ChairmanChairmanThank you. The Chair recognises . . . Are there any other Members that would like to speak to clauses 1 through 3? No. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move clauses 1 through 3.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 3 passed] Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move the Preamble please.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: I would like to move that the Bill be reported to the House.
The ChairmanChairmanIt ha s been moved that the Bill be reported to the House— Hon. E. T. (Bob) Richards: As printed. Bermuda House of Assembly The Chairman: As printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Government Loans Amendment Act 2016 was considered …
It ha s been moved that the Bill be reported to the House— Hon. E. T. (Bob) Richards: As printed.
Bermuda House of Assembly The Chairman: As printed. Are there any objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: The Government Loans Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.]
[Pause]
House resumed at 6:35 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
The SpeakerThe SpeakerThank you, Honourable Members. The Government Loans Amendment Act 2016 has been approved. We move now to Order No. 6 in the name of the Premier. Premier Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Good evening to you.
The SpeakerThe SpeakerGood evening. BILL SECOND READING REFERENDUM (SAME SEX RELATIONSHIPS) ACT 2016 Hon. Michael H. Dunkley: I move that the Bill entitled the Referendum (Same Sex Relationships) Act 2016 be now read the second time.
The SpeakerThe SpeakerThank you, Premier. Any objections to that? Please carry on, Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, and Honourable Members of this House, I rise this evening to introduce the Bill entitled the Referendum (Same Sex Relationships) Act 2016. The Bill seeks to require that a …
Thank you, Premier. Any objections to that? Please carry on, Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, and Honourable Members of this House, I rise this evening to introduce the Bill entitled the Referendum (Same Sex Relationships) Act 2016. The Bill seeks to require that a Referendum be held on two specific questions regarding same- sex relationships. It also seeks to apply to a referendum the same procedure for preparing and publishing the register as it is used for a parliamentary election. Mr. Speaker, you will know that the matter of same -sex relationships is a highly emotive issue. Honourable colleagues will recall that this Gover n-ment committed to hearing all sides of the issue relating to same- sex marriage and civil unions. Extensive research has been undertaken to fully underst and how other jurisdictions have addressed same- sex r elationships and the findings have been shared with the general public. Mr. Speaker, it is agreed that this is a matter of fundamental rights and freedoms of an individual. Further, it is accepted that all rights and views are equally important and to this end we have made every effort to listen and try to understand the divergent views expressed by the people of Bermuda. That said, Mr. Speaker, we are also compelled to adhere to the Supreme Court ruling in the matter of the Bermuda Bred Company v. the Minister of Home Affairs and the Attorney General . In this r egard the Chief Justice ruled that the non- Bermudian same -sex partners of Bermudians who are in a permanent relationship are entitled to live and work in Bermuda free of immigration control. Mr. Speaker, there is no doubt that this ruling has challenged our policies and legal framework and added a new dimension to the same- sex relationship discussion. Though this ruling is specific to an immigrat ion matter it has far -reaching implications. As a result of the ruling, the Government was required to undertake a wide ranging policy and legislative review so that we might fully appreciate the implications and make necessary changes. Mr. Speaker, honourable colleagues will a lready know that the Chief Justice imposed an aggres-sive timeline. His declaration in the Bermuda Bred matter came into effect on 29 February 2016. In r esponse to the court ruling the Government has taken two definitive steps. In February the Government t abled in this Honourable House the Matrimonial Causes Amendment Bill 2016 that seeks to confirm that notwithstanding the Human Rights Act 1981, marriage remains exclusively a relationship between a man and a woman. Further, the Government has ci rculated for consultation a draft Civil Union Bill 2016 that seeks to make provision for the formalisation and registration of a relationship between same- sex co uples to be known as a civil union. This Government recognises that the people of Bermuda are divided on the issue of same- sex rel ationships and the legal construct that should apply. Mr. Speaker, Honourable Members of this Honourable House I also believe are divided on this issue. And while broad agreements have been advanced for and against the use of a referendum on the issue of samesex relationships, referendum power is conferred by the Referendum Act 2012 and is subject to a r esponse to the question by 50 per cent of the regi stered voters. Mr. Speaker, this Referendum represents a form of direct democracy. The electorate will be i nvited to confirm their position on the Legislative 1502 11 March 2016 Official Hansard Report
Bermuda House of Assembly framework that Bermuda should adopt to recognise same -sex relationships. The questions are simple and straightforward: 1. Are you in favour of same- sex marri age in Bermuda? 2. Are you in favour of same -sex civil unions in Bermuda?
Mr. Speaker, in May 2015, Ireland held a referendum on same- sex marriage. Globally the courts have become actively engaged in opining on a series of challenges to relating to this issue. Honourable Members will know, as it has been widely reported, that on June 26, 2015 the United States Supreme Court ruled in the matter of Obergefell v. Hodges that state level bans on samesex marriage are unconstitutional. Reports further state that t he denial of marriage licences to same- sex couples and the refusal to recognise those marriages performed in other jurisdictions violates the due process and the equal protection clauses of the 14th Amendment of the United States Constitution. In addition, Mr. Speaker, in 2015 the Eur opean Court stated in Oliari v. Italy, that Italy was in breach of Article 8 —the right to family life—by not recognising some kind of union between same- sex couples. Earlier, Mr. Speaker, I spoke to the issue of Bermuda Bred and the court ruling. Similar to other jurisdictions the Bermuda Courts require Bermuda to recognise some kind of same- sex relationship. The Same Sex Relationship Referendum will allow voters to express a preference with regard to same- sex ma rriage and civil unions. Mr. Speaker, a number of issues will inevit ably arise in regard to the administration and logistics of holding a referendum. It should be noted, however, that this is not the first referendum to be held in Bermuda. Mr. Speaker, Honourable Members will recall the Capital Punishment Referendum Act 1989. The referendum was held on the question of whether or not capital punishment for premeditated murder is f avoured in Bermuda. Honourable Members will also recall the Independence Referendum Act 1995. This referendum was held on the question of whether or not independence is favoured in Bermuda. Mr. Speaker, the referendum process will be managed by the Office of the Parliamentary Registrar. This Office is an election management body that is charged wit h the duty of conducting free and fair elections and referenda whilst upholding an ensuring the integrity of the democratic process. Mr. Speaker, the same process that the Office of the Parliamentary Registrar applies to voter registration during the par-liamentary election process will apply to the referendum voter registration process. This will ensure clarity and streamlined administration. Honourable Members can expect that the O ffice of the Parliamentary Registrar will extend a seven- day registration period once the notice for a referendum is published by the Premier. Mr. Speaker, it is expected that the number of polling stations will not be as great as the number of constituencies, but there will be Island- wide coverage. The number of polling stations is expected to be in the region of 12. Each polling station will be equipped to facilitate voting for at least 3,600 voters. Mr. Speaker, in coming weeks the Office of the Parliamentary Registrar will facilitate an awar eness campaign designed to educate voters. This campaign will focus on educating the public on what it means to have a referendum, the percentage of voters and the percentage of votes required before the question is taken to be answered in the affirmative or negative, and how the results will be interpreted. Mr. Speaker, the people of Bermuda are divided on the issue of same- sex relationships. Before taking any further action the Government requires some clarity. Holding a referendum on the issue of same -sex relationships will provide this Hon ourable House with a clear understanding of the will of the people. With those comments, Mr. Speaker, I now i nvite honourable colleagues to participate. Thank you, sir.
The SpeakerThe SpeakerThank you, Honourable Premier. The Chair will now recognise the Honour able Leader of the Opposition from constituency 26, MP Marc Bean. You have the floor. Hon. Marc A. R. Bean: Thank you, Mr. Speaker, and good evening to you and good evening to honourable colleagues. Mr. Speaker, I stand …
Thank you, Honourable Premier. The Chair will now recognise the Honour able Leader of the Opposition from constituency 26, MP Marc Bean. You have the floor.
Hon. Marc A. R. Bean: Thank you, Mr. Speaker, and good evening to you and good evening to honourable colleagues. Mr. Speaker, I stand on behalf of the Loyal Opposition to state that our position as a party is in support of this Referendum Bill. Now, let me also make something clear, Mr. Speaker, that on issues such as this, there is usually . . . we remove the Whip, okay. So Members are able to express themselves freel y about any ramifications whether they are for or against. But generally speaking, as a party we are in favour, although you might have some Members who get up and say that they are against. But that is the nature of this type of Bill. All right? And so, Mr. Speaker, again, we encourage the use of referenda on very serious questions. And that includes not just questions relating to one’s sexual orientation (if that is the right word to use), but also on gaming, gambling and other issues of morality. Unfortunately . . . unfortunately, the Government has seen fit to bring a referendum in this case. Yet, as you know, Government has historically avoided referenda even after a promise for it in other cases.
Bermuda House of Assembly That contradiction, Mr. Speaker, only the Government can answer. But for our part, we think that this is the best approach to really test the views of the populace, because at this time if you were to listen to the media you would think that either everyone is for or everyone is against. It all depends on what is the lens you are actually looking through, Mr. Speaker. There are some issues though that even in terms of the holding of the referendum and the question that you will find in clause 3. Some could say that it is a question or questions that either could be set up for failure or set up for success. In fact, because it is a dual question I think there could be some uncertainty as to how we measure the true feelings of the populace, because it is a dual question. You can have some people saying, Yes, I’m fo r one, but not the other . And then you have others who say, Yes, we’re for both. And then the other group says, No for anything. So how do you get 51 per cent, I would think is the—
[Inaudible interjection]
Hon. Marc A. R. Bean: Right? Fifty -one per cent of the vote. I think that it is going to be difficult because a dual question that really presents three different options might create some difficulty if the Government is looking for a response that is definitive from the people of this country. But aga in, Mr. Speaker, that is something that the Government is going to have to grapple with. Again, they have determined rather expeditiously, or without too much thought, Mr. Speaker . . . all of a sudden they are now bringing this Referendum Bill. But three or four weeks ago that was not the case. We know that this was political expediency. We know that there are issues on the other side in regards to this topic. We have heard it; we have seen it. And so it is going to be interesting to see what type of cont ributions and what type of votes, whether for or against, you will receive from the other side, because make no mistake, even though we have one or two on this side whose position is clear, it is obv ious that it is absolute confusion on that side, Mr. Spea ker.
[Inaudible interjections]
Hon. Marc A. R. Bean: It is confusion. Well, I am not trying to . . . it is confusion. Okay? You can deny it. They can deny it all they like, Mr. Speaker. But it is confusion. And, Mr. Speaker, I can understand it. All right? That is what happens when you dabble with major issues, when you have narrow self - interest, or special interests forcing you to consider something that you yourself do not want to consider. You find yourself [between] a rock and a hard place. But ne vertheless, regardless of the rock and the hard place, Mr. Speaker, ultimately this Bill is go-ing to submit the question to the people themselves and, obviously, we will have to govern ourselves accordingly. Mr. Speaker, those are my brief remarks and I am sure there are one or two other Members who would like to contribute.
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 2, MP Nandi Outerbridge. You have the floor.
Ms. Nandi OuterbridgeThank you, Mr. Speaker. Mr. Speaker, I wanted to speak this evening on this Bill. I do not believe that the Referendum Act is the Bill for us to be expressing where we stand on either side. I believe it is a discussi on around having a referendum. And, you …
Thank you, Mr. Speaker. Mr. Speaker, I wanted to speak this evening on this Bill. I do not believe that the Referendum Act is the Bill for us to be expressing where we stand on either side. I believe it is a discussi on around having a referendum. And, you know, the common theme that we have heard from the Opposition over the last week or so is that the One Bermuda Alliance Government does not listen to the people. And they have been saying that the One Bermuda Alliance does not consult the people and we do not consult the community. Well, Mr. Speaker, I believe this issue, as ot hers, but in particular this issue is the one time that we can definitely say that the One Bermuda Alliance has listened to the people. [Inaudible interjections]
Ms. Nandi OuterbridgeAnd, you know, we have consulted with the people every step of the way. We have had Ministers and . . . are you finished? [Inaudible interjection]
The SpeakerThe SpeakerHonourable Members, speak to the Chair.
Ms. N andi OuterbridgeWe have had Ministers that have put in hard work through their ministries to be able to get information on civil unions and same- sex marriages and the impacts they will have. The impacts they have had around the world. And we have had town halls and information sessions, and …
We have had Ministers that have put in hard work through their ministries to be able to get information on civil unions and same- sex marriages and the impacts they will have. The impacts they have had around the world. And we have had town halls and information sessions, and we have consulted the people every step of the way, Mr. Speaker, right up into the, I believe it was last week when the Minister laid the information paper on civil unions so that people can have a look at what it entails before we even have a referendum. So, you know, we are doing everything to meet the people halfway here. And believe me, Mr. Speaker, it is no easy task. We recognise that not everybody will be happy with the decisions that we make, and it may not eve n solve all the legal issues 1504 11 March 2016 Official Hansard Report
Bermuda House of Assembly that we find ourselves in. But what we are at least tr ying to do with this, Mr. Speaker, is gauge the comm unity to see where they stand on a very, very important and difficult issue for the Government. And there has been much talk in the comm unity about where people lay on, you know, where they stand when it comes to civil unions in the first place. Are the majority in favour, are a minority in favour? And I do believe that the referendum will bring some clarity to that questio n that has been on the street. And I have always stated internally and externally that I do not believe personally that there is a majority on one side, as people may believe. But I do not know. We will see when we get to the referendum. But, you know, I do not think that I have to talk too long on this, but what I will say before I take my seat, Mr. Speaker, is that through every controversial issue that the One Bermuda Alliance has had presently and we find ourselves in, you know, the quiet Opposition would have been able to do this under their term, but they did not because they do not collect the . . . they do not have the political will to make the hard decisions.
Hon. Marc A. R. Bean: Point of order. Point of order,
Mr. Speaker.
The SpeakerYes, Ho nourable Member. POINT OF ORDER [Misleading] Hon. Marc A. R. Bean: The Honourable Member is misleading the House. When we were in Government, Mr. Speaker, same- sex marriage was not a topic of discussion. Maybe she forgets. Thank you, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: Point of …
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: The Honourable Member is misleading the House. A Member from his party who was a Minister at the time brought a Priva te Members’ Bill to discuss the issue of same- sex ma rriage. That was the former Member of …
The SpeakerThe SpeakerThank you, Honourable Member.
Ms. Nandi OuterbridgeBut before I take my seat, Mr. Speaker, what I will say is that the referendum is a result of a listening and a caring Government, and this is a Government that cares about our people. Thank you, Mr. Speaker. ANNOUNCEMENT BY THE SPEAKER HOUSE VISITOR
The SpeakerThe SpeakerThank you, Honourable Member. Just before I take the next speaker I will take the opportunity to recognise a former Member of Par-liament, Arthur Pitcher, who is in the Gallery. [Debate on Same Sex Relationship Referendum, co ntinuing]
The SpeakerThe SpeakerThe Chair will now recognise the Honourable Learned Member from constituency 34, MP Wilson. You have the floor.
Ms. Kim N. WilsonThank you, Mr. Speaker. Mr. Speaker, whether I am personally and/or my constituents are supporting or opposing the referendum, at this point is neither here or there. The ques tion that I do have is with respect to the fact that we have two questions that some may argue could …
Thank you, Mr. Speaker. Mr. Speaker, whether I am personally and/or my constituents are supporting or opposing the referendum, at this point is neither here or there. The ques tion that I do have is with respect to the fact that we have two questions that some may argue could be diametrically opposed. And what do I mean by that, Mr. Speaker? When you look at the actual Referendum Act, it speaks to the provisions as to . . . in S chedule 2 in particular, how the questions are supposed to be laid out. And according to the Act, which we are amending, it says . . . for example, this would say, Do you agree with same- sex marriage? Yes or no. So you tick the box. And then question 2, Do you agree with same- sex civil unions? Yes or no. And you tick the box. Well, Mr. Speaker, I am not a mathematician but it seems as if we have at least 10 different perm utations possible with respect to these two questions that are requiring a yes or no answer. Mr. Speaker, the substantive legislation also calls for the fact that in order for there to be a “yes,” you must have 50 per cent of the registered voters participate in the referendum; and 50 per cent vote yes. That would mean it would be an affirmative a nswer. Or, alternatively, if it is a negative answer, you must have 50 per cent of the registered voters partic ipate and 50 per cent answer negative. So that prob ably ups the ante to at least 20 permutations that could be possible with the two questi ons as [they] are phrased. For example, Mr. Speaker, we could have 50 per cent of the registered voters say “yes” to samesex marriage, and 49 per cent say “no” to same sex - civil unions. Or alternatively, Mr. Speaker, we could have 51 per cent say “no” to same- sex marriages and 49 per cent say “yes” to civil unions. The point I am trying to make, Mr. Speaker, is that there seems to be a number of possible scenarios and possible permut aBermuda House of Assembly tions based on the two questions that are being asked. And when you read it with the actual Act, it provides for how you can get an affirmative vote or a negative vote. And I suspect that the Honourable Member who is leading this debate will perhaps give us some explanation or some further guidance b ecause I have been unable t o find examples in other jurisdictions where there have been two questions that can either be termed as diametrically opposed or sim ilar on a referendum ballot. Oftentimes you might find one question r elates specifically to something like, i.e., the envir onment. And another question may relate specifically to something completely unrelated to the environment, such as a criminal code amendment or the like, som ething like that. But here we have a situation where we know because this has been a hot topic item of discussion within our jurisdiction, there are some people that are in favour of same- sex marriage and not in favour of civil unions and vice versa. There are some people that do not support either. And there are some people that support both. So we ha ve a number of possible permut ations that can possibly result from this and I am just wondering how the Government can proceed with tr ying to get the pulse of the people when we have the potential of having so many different variables that go into this iss ue with respect to the two questions, when you read the Act, sorry, this proposed amendment, in conjunction with the Referendum Act 2012, which sets out the parameters and the requirements for when something would be viewed as in the affirmative and as a negative. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 8, the Government Whip. You have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, I have attended a number of public meetings on this topic. I have also attended a number of private meetings on this topic. And one pamphlet came out and it was issued by “Preserve Marriage Bermuda,” Mr. Speaker, and a statement in that pamphlet …
Thank you, Mr. Speaker. Mr. Speaker, I have attended a number of public meetings on this topic. I have also attended a number of private meetings on this topic. And one pamphlet came out and it was issued by “Preserve Marriage Bermuda,” Mr. Speaker, and a statement in that pamphlet caused me t o believe that the referendum was the right thing to do. And why do I say that, Mr. Speaker? If you will allow me —
Mr. N. H. Cole SimonsBasically it says, same -sex civil unions will redefine marriage. It says the redefin ition of marriage results in a reordering of society, r estructuring the family unit, and a radical cultural change. Everybody knows, Mr. Speaker, the family is the cornerstone for our society. You get the family right, …
Basically it says, same -sex civil unions will redefine marriage. It says the redefin ition of marriage results in a reordering of society, r estructuring the family unit, and a radical cultural change. Everybody knows, Mr. Speaker, the family is the cornerstone for our society. You get the family right, you get society right. And in that light because it is such a cultural change, because it is such a societal change, I think it is only right that we have a referen-dum on this issue because it is going to impact many generations going forward and it will change the face of Bermuda. It will change our families. And I am not saying whether it is going to change it for bad or worse, or good. All I am saying is it will change. Mr. Speaker, we will have to change some of our curriculums in school. We will have to change some of the infrastructure in our buildings. Mr. Speaker, we will have to change some of our curricula in school. We will have to change some of the infrastructure in our buildings. And so, in the end, I think it is only right that we present a referen-dum to the people of this country on suc h a topic that will have an everlasting impact on the structure of our families. Mr. Speaker, I read an article by a young Bermudian who is studying for his Ph.D. in Britain. His name is Ben Greening. He wrote an article. And he is doing his Ph.D. in Hist ory from the London School of Economics and Political Science. He had a few comments that I thought were very interesting, if you would allow me. He says, “In the long run, the Go vernment’s response must take account of Bermuda’s political and social reali ties, as well as the need to end unfair discrimination.” He says, “rushing through legislation to change the definition of marriage before the next election would be the wrong response.” He says we must, basically, as was said earlier, feel the pulse of t he community. We must have a mandate to change the structure of our society, to change the structure of our families, going forward. He said that way we can become more at peace with each other and will begin to respect each other’s differences and also respect the differences as far as family composition is concerned. Mr. Speaker, he said, you know, we just cannot rush into this. So in the end, as a gay man . . . and I am not speaking out of school, he says that he is a gay person, and he is in a gay relationship in London, and that the only reason that he is not home is b ecause he could not bring his partner back here. B ecause he did not feel that he would have a comfor table life. And I respect him for his opinion. Mr. Speaker, having said that and havin g taken the position that I have, I believe that having the referendum is the right thing to do because it will impact all of Bermuda and it will impact the structure of our families, moving forward. But I also have concerns about how do we address the mi nority? If we have a referendum and the result is that gay marriages are not allowed, civil unions are not allowed, how do we address that? Because these minorities have a right to family life. They have a right to be with 1506 11 March 2016 Official Hansard Report
Bermuda House of Assembly whom they want to be with. They have a right to enjoy the benefits of other solid marital relationships. Mr. Speaker, my other concern is that if we go with the same- sex marriage as a result of the referendum or the civil unions, and there are adoptive chi ldren, how do we protect the chi ldren’s rights, Mr. Speaker? Because we know that each child deserves and has a right to be with his mother and his father. That is a right. In civil unions, in gay marriages, in those cases it is about adopting a child, a child who will be raised with fat her and father, or mother and mother. Who is going to protect the child’s rights? The parent couples have made a decision for themselves. But what decision have they made to ensure that the rights of their child are adhered to? What decisions have they made to ensure that the rights of their child to be with his mother and father are protected? Evidence has shown that a child does well if he is raised in a loving environment with both parents, mother and father. And I am not negating the fact that you can have a loving environment to raise a child in a same -sex relationship. Because surely, Mr. Speaker, we know that there are male- and-female traditional marriages that have children and the environment is not loving. And you know that this also has a detr imental effect on our children. So again, I will support the Referendum Act, Mr. Speaker, because this is a decision that will i mpact the structure of Bermuda’s society. It will impact the structure of our families. In addition, Mr. Speaker, what is the norm for us, our generation, our Baby - boom generation is different from what our children live and see. We all live in the same society, but we all travel in different spaces. I know that our young people, the Millenniums, they do not care. Same- sex rel ationsh ips are the norm for some of them. They have been to school in England, they have been to school in Canada. It is prevalent. It is again our seniors, pe ople who are more mature who have not been exposed to these types of relationships who are having challenges with this. But again, it can be because of religious reasons. It can be because of, in some cases, fundamental principles. But at the end of the day, because this is emotive and because this will basically impact the structure of Bermudian families going forward, I will support the referendum on same- sex marriages. B ecause Bermuda must have a say in this important i ssue. And we must also, in having this referendum, not forget and not address the issues that face the minor ities, i.e., our children and those people who may come out on the negative end of the referendum. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 17. MP Walton Brown, you have the floor.
Mr. Wa lton BrownThank you, Mr. Speaker, and good evening, colleagues. Mr. Speaker, how ironic is it that today of all days we will debate and, presumably, pass this Referendum Bill when we have had a series of arduous events about the necessity of this proces s for deciding a very controversial issue. …
Thank you, Mr. Speaker, and good evening, colleagues. Mr. Speaker, how ironic is it that today of all days we will debate and, presumably, pass this Referendum Bill when we have had a series of arduous events about the necessity of this proces s for deciding a very controversial issue. Earlier this year, and I believe late last year, the substantive Minister respons ible for these matters had a series of public information sessions. The Government had not come to a pos ition. And they had a series of meetings. I am not sure how many, but there were a number of meetings in which people were able to express their views, share their proposals, and encourage Government to undertake particular courses of action. The Government recognised that it was a complex issue. The Government recognised that it is an emotional issue. And therefore, it required a great deal of consideration. If you juxtapose the Gover nment’s handling of this issue to another equally impor-tant and emotive and divisive issue, we see t wo co mpletely different pathways to addressing these respective matters, Mr. Speaker. And so, it begs the question, how is it that the Government can consider one issue to be a matter of profound human rights and adopt a unilateral position in terms of dealing with it, and yet another —this one —decide that it should be subjected to the will of the people by way of a referendum? So the juxtaposition raises questions about the seriousness with which the Government undertakes to address these issues. Mr. Spe aker, the Honourable Premier in his remarks referred to two earlier referenda dealing with equally controversial issues. What the Honourable Premier neglected to mention was the process in 1989 and then again in 1995 which profoundly af-fected how the refer enda were received by the community. The first one was the referendum on the death penalty. Every single survey that was taken around that time showed that over 80 per cent of the popul ation supported the death penalty. The Government had a referendum in 1 989, but because it was not binding, all it was a very expensive public opinion poll. I could have done that survey for a lot less money than what the referendum cost. So what is the point of doing a referendum if it does not bind the Government to those r esults? We had a second referendum in 1995, the ill - fated Independence Referendum, which was a bizarre referendum, Mr. Speaker, because the Referendum Bill was passed by a Government that was divided on the issue and led to a division in the community. The Opposition at that time, which is the Opposition this time, found the referendum to be problematic in its design, and therefore called on its membership to boycott the referendum —a very odd decision.
Bermuda House of Assembly I think history will record that that was a failure on the part of the Progressive Labour Party, having (as you know, Mr. Speaker) been in support of independence since its formation and having indepen dence enshrined in its constitution. Why on earth would you actually boycott the referendum? But the referendum had a 57 per cent turnout. So it seems that the boycott campaign actually succeeded. And those who were against it got the victory that they believed that they desired, or that they earned. But that was a binding referendum. And the Premier at the time, John Swan, said that if the result was not in favour of independence, he would resign as premier! The result was the result that we all know, Mr. Speaker. And therefore, the Premier resigned. So, the first referendum was not binding. The second referendum was binding. And I assumed, be-fore the Premier gave his remarks, Mr. Speaker, that this referendum would also be binding. But I now hear the Premier say the referendum will help guide the Government in how it fashions its policy. So we are having another expensive public opinion poll. If you are not bound by a referendum, why on earth would you do it? Why would you do it? It is a waste of money on one level. I have a few reasons why I oppose this referendum, Mr. Speaker. One is that it is not binding. And that was not my reason when I came to debate this issue, Mr. Speaker, because I assumed that it was binding. So unless I have misunderstood the Pr emier’s comments . . . I would like to get clarification, because it seemed to suggest that it is not binding. What is the point of having a Referendum Bill, a Referendum Act if the results are not binding? Another problematic part, Mr. Speaker, is that the Government is not leading on the issue. Leadership is not that you have a referendum. Leadership is what is your position on the issue? And if the Go vernment can take a very controversial and emotive issue, as we have seen expressed inside and outside of Parliament of late, Mr. Speaker, why can it not do the same for another issue that is directly related to human rights? So I am baffled by this Government’s approach to have a referendum on such an issue. Three years ago, Mr. Speaker, when the Amendment to the Human Rights Act was tabled in this Parliament by this Government the argument was that, We the OBA Gov ernment will act where the PLP failed. We will take controversial issues. We will take a position on it, based on human rights. And so, the two words and a comma amendment was made to include sexual orientation in the Human Rights Act. But now we see the G overnment caving in to what I would term, Mr. Speaker, a reactionary element in this coun-try, who do not want us to live in the twenty -first ce ntury. And that applies to anyone who believes that in twenty -first century Bermuda, we should not have a legal f ramework for people of same- sex to live and be recognised by the law, by the courts. It is just inappr opriate that in the twenty -first century, we would subject this to the will [of the people], by way of a referendum, and the Government not take a position. I think that that is appropriate. There is a high probability that the referendum will fail. And when I say “fail,” it will not pass. We will look like a reactionary so- called modern government in the twenty -first century, because there will be po werful forces mobilising against . . . what surely must be a just and appropriate response to twenty -first ce ntury sensibilities that you should recognise the rights that people have irrespective of sexual orientation. So, as we heard earlier this week, we wi ll have our say, and somebody else will have their way. That is the way Government goes. I guess we cannot really critique that a whole lot. Mr. Speaker, we have two questions in this Referendum Bill. (What is the wording again?) Do you support same- sex u nions? and Do you support samesex marriage? We will get a very clear result because people will vote yes or no to the first question. And out of 100, it will be out of 100 per cent. So you will know what the clear result is. People will say yes or no to the second question. You will get a very clear result. But the clarity of those results will not determine Government action. And that is the most troubling part about this particular legislation. What is possible, Mr. Speaker, I am just thinking aloud. I am not sure anyone has contemplated such an undertaking or a campaign. But it may well be that you get a less-than- 50 per cent turnout. Because remember, in the 1989 referendum the Premier did not give that turnout in his remarks. I think the turnout was about 30 per cent, because it was a joke because it was not binding on Government. I do not know why anyone would participate in a very expensive public opinion poll on an issue where the Government should really be demonstrating leadership. I would encourage people who want to see a sane approach to recognise that same- sex relationships and couples and marriage and so forth not even to participate. Because even if you have a 50- plus per cent turnout, and it is no, the Government will be somewhat bound by that decision. If there is a less - than- 50 per cent turnout, then it is invalid. So that might one approach to take if this is a reactionary approach. I know we have differences across the aisles and so forth on this issue. But I will speak my conscience o n this matter, Mr. Speaker. I am disappointed that we are going this route, because I thought we were becoming a more modern society. And I am not sure if there is any room to change an ything. But this Bill will be passed. It will be an expe nsive opinion poll taken later this year, I suspect. And it will have no determining impact on the Government. So I am not really sure what the intent of this legisl ation is, other than to placate a reactionary element in 1508 11 March 2016 Official Hansard Report
Bermuda House of Assembly this community. And we certainly should not be spending $0.5 million to placate people who do not want to live in twenty -first century Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable and Learned Member, from constituency 25, Warwic k North East. The Learned Member, MP Pettingill, you have the floor.
Mr. Mark J. PettingillGood evening, Mr. Speaker. Thank you very much. As the Honourable Member who just took his seat, he is a learned guy, too . . . but he and I are of-ten ad idem on many things. And I know on this human rights issue, he and I are ad …
Good evening, Mr. Speaker. Thank you very much. As the Honourable Member who just took his seat, he is a learned guy, too . . . but he and I are of-ten ad idem on many things. And I know on this human rights issue, he and I are ad idem , as are a number of our other colleagues. And we are ad idem. And I am ad idem with many of the things that he has said tonight in this regard. And the Opposition Leader touched on i t. He said, you know, it is a matter of conscience. He has announced that as a party his party supports the referendum. I join with the Member who took his seat in that I wish we did not have to go through all of this. You know, for me, if it was a 99 per cent outcome against a union or a marriage, it would not move me. I know where I stand. I know where my conscience stands on this. I am taking the opportunity to speak because, like what happened in Ireland. Nobody would have thought it, Mr. Speaker, of Ireland, because of its steep tradition in Catholicism, that it would carry the day. And it did—overwhelmingly. And my hope is that in having a referendum we can demonstrate to the world that as a people we are with the modern world, that we are in recognition that it is the twenty -first ce ntury, that we recognise, as I raised the other night in my speech, two things: One, the first question, Are you a human being? (And these are questions I would love to see; I am being a bit facetious.) But, Are you a human being? And the answer to that is yes. The second question is, As a human being, are you ent itled the same rights as any other human being? to which the answer is yes. Thank you. Good night . How much further can you take it than that? And I am going to speak on this on every single occ asion I am in this place, in any other place that I can, and keep banging the drum, Mr. Speaker, that it is a human rights issue! Whether you like it, because you are heterosexual so it does not vibe with you and you find it peculiar, whether you do not approve because of your religious conviction, I do not care what your reasons are for being against. I want people to start on that question: Are you a human being? And then go to question two, in my referendum, and say, As a human being, are you entitled the same rights as every other human being? So the reason why I will vote for the referendum (my party has brought it) is that it is on the basis of a hope, on the basis of a hope that I could be part of having and imploring people in this country to vote affirmatively for this, on both questions, on both ques-tions. But I do not care. I said it the other night, because the law —and the law is going to trickle down to here—commands that we ensure on a human rights basis that t here is a framework for same- sex couples to enjoy the same rights in a relationship, in a union, in a partnership, in a marriage, as heterosexual cou-ples. And it is as simple as that. And people need to put aside their prejudice because it does not vibe w ith their lifestyle or it does not vibe with their religious conviction, or whatever it does not vibe with, and look at the age that we are living in. And study a little bit of history and see, over the centuries, how much bigotry and hatred and wars and v iolence and misery there has been in the exi stence of the world because one group of people said, We are not to allow that group of people to have the same rights that we have. We do not regard that group as being on the same level as we are; that they are a different category of a human being. What does the history of the world tell us about that approach, Mr. Speaker? Because these are the same arguments that are going on here in relation to this issue of rights for gay people. That is how it started. We only got to that last year on two words and a comma in sexual orientation, and rights for those people to enjoy the same rights as anyone else. And I know . . . I know even in my own party — I know in the other party, I know in the public —that (hmm! ) there are no political lines on this one. There are no political lines here. This is all over the shop. That is the one thing I kind of like. There is a lot of mix-up on this issue, on this one. That is why it has to be this way. There is a lot of mix -up on thi s issue. And it is kind of good to see, because at least that creates, you know, the right type of debate amongst us all, without having to draw any political lines on it. So, fine! You know, here we go. We will go to referendum. We will have people come back and have the chance to express themselves and say, I’ll tick this box, or, I’ll tick that box. I will not be moved. If it is 90 per cent, do you think I am going to go home and rethink it? I am not. Do you think I am going to tell my children or teach them something different? I am not. Do you think I am going to come here and say, Oh, well, colleagues. Now that this has gone a certain way, I’m slightly moved. That will never happen while I draw breath, because it will always be a human rights issue. I t will always be, for me, and I think for right - thinking people, a human rights issue, that there must be a framework for same -sex couples to have the same rights. And this, to me, is about semantics, about (what do you want to call it?) marriage, civil union. I say marriage is a word and everybody gets hung up
Bermuda House of Assembly on it. The church marries you. Court divorces you. Church marries you. You do not go to church and stand in front of the minister and say, Look. We’re done. It’s not working, Minister. Can we have a reprieve or whatever? That does not work like that. You go down there to the court. You know what the court document says? The marriage is dissolved. The marriage is over. The marriage is terminated. That is what it is. It is a legal word, a legal word. But, you know, we have to go this route. And like it happened in Ireland, they did it on the basis of saying, We want to have and make a statement to the world. And there was a campaign for it. So I kind of landed on the page of saying, Let’s have that. Let’s have that, because the hope in my heart that the Bermudian people will see it en masse as a human issue. And then I will sing and dance on that day if there is an overwhelming vote, an affirmative vote to both questions as a yes. And I will be disappoi nted if there is not. But it will not change the law; it will not change my view. It will not change, in my view, right - thinking people’s view. It will not change the views of people who, hand on heart, are for human rights first. It will not change that. So my support goes with having a referendum on the basis of a hope and a prayer that we can dem-onstrate to the world, to all of our gay brothers and sisters, to one another, that we are right -thinking as a majority, that we put human rights first as a maj ority, that we recognise in those human rights that all human beings are entitled to the same type of rights as every other human being, whether you call it marriage or civil union, or whatever you want to call it, that we have to have that framework. And I hope this is not the last speech I will make on it. I know it is not. B ecause I will stand on the soapbox, Mr. Speaker, on the corner, on the day the referendum goes off, and make the same speech. I will pick any corner, Premier, any corner where I am we lcome. I will be there. I will move around corners.
An Hon. Member An Hon. MemberWe will move you around.
Mr. Mark J. PettingillMr. Speaker, I do not know if you have a corner, b ut you should. But I will be there, right? I will just put up my box. I will do it in London. We should have one here. I will go wherever it takes. I will be there. I …
Mr. Speaker, I do not know if you have a corner, b ut you should. But I will be there, right? I will just put up my box. I will do it in London. We should have one here. I will go wherever it takes. I will be there. I will make the same speech, support what is going on here, on the basis that we put human rights first and tick both boxes yes. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 16, Pembroke East Ce ntral, the Shadow Minister for Health and Communi ty and Sports. MP Weeks, you have the floor.
Mr. Michael A. WeeksThank you, Mr. Speaker. I too am in strong support of this referendum. I remember a couple of years ago when we had the Human Rights Amendment, the two words and a comma. Some of us talked about our being in this place at this time talking about same- sex …
Thank you, Mr. Speaker. I too am in strong support of this referendum. I remember a couple of years ago when we had the Human Rights Amendment, the two words and a comma. Some of us talked about our being in this place at this time talking about same- sex marriage and civil unions. And I remember people on both sides saying it would never come to this. But I, for one, pr edicted that we would come to this particular point in time and that we would have to deal with same- sex marriage and/or civil unions. Mr. Speaker, I agree with people and human rights. But I think that this particular issue should go to the people. And I will tell you why. My issue with this amendment as it is, [is that] the two questions, Mr. Speaker, are very confusing. One is saying, Are you in support of same- sex marriage? And another is sa ying, Are you in support of civil unions? Knowing my people as they are, they are very obligatory. So we will start off with saying w e are against same- sex ma rriage. And some people, for the heck of it, are going to go ahead and tick the second box. But, Mr. Speaker, in my research, here is what I have seen. Whenever a country passes a law for civil union, within six to eight years the same- sex marriage issue comes up. So, my question is this here: Why are we placating with this referendum? The two questions are confusing. I also have another issue. Rather than samesex marriage and same- sex civil union, I prefer a more direct question on whether or not we are in agreement that marriage should always remain between a man and a woman. Because I can see som ething happening down the road, Mr. Speaker. Some people may not agree, and some people may not want to speak on it. But if we just use [the terms] same- sex marriage, same -sex unions, three or four years down the road, Mr. Speaker, we are going to be back here talking about all kinds of things. Some may not talk about it, but maybe bestiality. Because that, too, is same- sex. But at some point, we have got to talk about it. We have either got to talk about it now or we will talk about it later, Mr. Speaker. So if we are going to have a referendum on this issue, I implore us as legislators if we are going to have it let us be serious about i t. Let us look at these questions here and be honest about, how far do we want to go, Mr. Speaker? And I feel that once we do that, once we are honest, whatever comes out of it comes out of it, meaning that I am all for the people speaking. But let us not confuse the people going into the referendum. It has to be clear on the question so the people are clear on what the question is. So we need some town hall meetings. But we definitely need 1510 11 March 2016 Official Hansard Report
Bermuda House of Assembly . . . before I take my seat I am going to say again, we definitely need to reword this. I am not for the question same- sex. I am for the question marriage between a man and a woman, because that is clear and has no ambiguity, Mr. Speaker. And as I take my seat, I am very much in support of this referendum. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 7, Junior Minister for Home Affairs. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, I am in support of having this referendum . I have made my position known publicly on this issue. …
Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 7, Junior Minister for Home Affairs.
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, I am in support of having this referendum . I have made my position known publicly on this issue. And the public may or they may not be aware that the One Bermuda Alliance had many vi gorous debates internally about the way forward r egarding civil unions and same- sex marriage. I have my own personal view, as I have stated. And one thing I can say, even on our side, is that there were divergent opinions and views on how we should handle this issue.
The SpeakerThe SpeakerJust a minute, Honourable Member. Can I ask Members, all Members who are in their seats , when you are talking, talk in undertones please. I hear clearly what you are saying. So just speak in an undertone so I will not hear you at all. Carry on. Mr. Sylvan …
Just a minute, Honourable Member. Can I ask Members, all Members who are in their seats , when you are talking, talk in undertones please. I hear clearly what you are saying. So just speak in an undertone so I will not hear you at all. Carry on.
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. As I was saying, there were divergent view s even amongst our caucus about the way forward. And after consulting with various groups, I felt that an issue of this importance would be best held by gauging, and I do not know if it has come up earlier tonight, the margin of appreciation of the Bermuda public over this issue. Now, the margin of appreciation is a concept that has been used outside of Bermuda in particular to the same issue. And why I felt that gauging the margin of appreciation on this issue was so important is because it is clear that even outside of these walls, amongst the general public, there are very strong and oftentimes divergent views on this matter. So I had to do some lobbying within my party, the parliamentary group. And I must say that I was very pleased when the Premier decided that having a referendum was the way forward. Now, the questions . . . the Honourable Member who spoke before me mentioned that he would want to see the questions reworded to specify that marriage would be between a man and a woman. And, you know, I have never been involved in compiling referendum questions before; this was my first time being involved. And the a pproach that I took when I started to think about ques-tions was, Well, there are two issues that we are di scussing, civil unions and also same -sex marriage. So we tried to come up with one question that dealt with both. And it was very confusing, even for myself. So we decided to separate the two: Are you in favour of same- sex marriage in Bermuda? And two, Are you in favour of same- sex civil un ions in Bermuda? I believe that those questions are very simple. They will allow for the public to express via a yes or no vote to either question. And at the end of the voting, the votes can be tallied up, and we would have a very clear indication of how the Bermudian public feels regarding this matter, the margin of appreciation. And also, Mr. Speaker, depending on how the vote goes, for example, if a large majority of Bermudians vote no (which could happen), then it sends a message to . . . I guess to the courts and the judges who are also looking at this matter from a human rights perspective on what I hope would be just how far will they go in terms of passing law to address this issue. So it is not perfect.
The SpeakerThe SpeakerHonourable Member? Mr. Sylvan D. Richards, Jr.: I will yield.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 17. POINT OF CLARIFICATION
Mr. Walton BrownThis point of clarification is for the edification of the listening public. The courts do not pass law, as the Member suggested. The courts interpret the law.
The SpeakerThe SpeakerThat is right. Laws are passed here. [Inaudible interjection] Mr. Sylvan D. Richards, Jr.: Yes. Thank you, Mr. Speaker. The Honourable Member has a view on this, and he made it. But the bottom line is this, Mr. Speaker. I am pleased that we are having a referendum on this …
That is right. Laws are passed here.
[Inaudible interjection]
Mr. Sylvan D. Richards, Jr.: Yes. Thank you, Mr. Speaker. The Honourable Member has a view on this, and he made it. But the bottom line is this, Mr. Speaker. I am pleased that we are having a referendum on this mat-ter. I am pleased that it is going to happen forthwith and that we will have a very clear opinion and view on how the public views this matter. I think the questions, as I said, are straightforward, easy to comprehend. There should not be any confusion. It is a yes or no to vote. So with that, I would encourage everyone, b efore you vote, do your own research. Most pe ople have the Internet now. They have access to inform ation. Google what is going on in Italy regarding this matter. Google what went on in Ireland regarding this matter. This is very topical. It is not just Bermuda that is grappling with this issue. Things are happening at a
Bermuda House of Assembly very fast pace. The world is changing. It is changing faster than most of us would like. But the only constant is change. So we have to wrap our minds around this issue and what we want for our children going for-ward, what we want for society going forward. So let us educate ourselves, and let us vote. And I hope that everybody comes out to vote. Come out and express your view on this matter, whether you are for or against. This is a very important issue, and we all need to be involved. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Deputy Speaker.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker. I am glad to have the opportunity to actually stand to my feet to speak to the Bill in front of us, the Referendum (Same- Sex Relationships) Act 2016. It kind of reminded me this morning of a hot potato. Mr. Speaker, I do not know …
Thank you, Mr. Speaker. I am glad to have the opportunity to actually stand to my feet to speak to the Bill in front of us, the Referendum (Same- Sex Relationships) Act 2016. It kind of reminded me this morning of a hot potato. Mr. Speaker, I do not know whether you have played the game. I know that I did as a child. You know, when you stand around in a circle and you throw around the hot potato. The music is played, and it is quite fun. But the one thing you do not want to do is be caught with holding that potato in your hand, because if you are caught with that potato in your hand, you are out. But, Mr. Speaker, I am very delighted that this hot potato, which has been ignored for years . . . and yes, I was in this House back in 2003. I do believe it was then that a Member who was in the Government tried to make progress. Unfortunately that did not happen. So, the One Bermuda Alliance has the potato. The music has stopped, and Mr. Speaker, this is what we are doing with it. We are actually doing something with it. And in this particular case we are taking a topic which was the hot potato, the elephant in the room, no one wanted to discuss it —it would go away. The reality of it is it has not. We are dealing with pe ople, and we are dealing with rights. Now, one of the Members who spoke earlier from my si de, I think co nstituency 25, threw out something, the word of “rights.” He threw out, Do we get the same rights as all humans? Do all humans have the same rights? Well, Mr. Speaker, one of the things that popped into my mind was rights! Absolutely right! Mr. Speaker, the reality of it is people around the world, specifically people in Bermuda, had to fight hard to get the right to vote. So I would implore individuals to actually take the initiative, recognise the importance of their right to vote, be it f or the question whether they are in support of the question, are you in favour of same- sex marriage in Bermuda, or are you in favour of civil unions in Bermuda? Mr. Speaker, the right to come out and have a say is important. I was taking a look at statist ics earlier today on other referendums held in Bermuda. And I was really kind of surprised that there have not been a lot of referendums, considering the number of (I think) hot topics that have crossed Bermuda [over the] years and the numbers and the stat istics.
Now, a Member who spoke earlier mentioned 33 per cent of the voters, or I think he said 30 [per cent]. Well, as a matter of fact, it was 33 per cent when it came to capital punishment. And what that 33 per cent of voters was, by numbers . . . the total turnout was only 33,700. And that was, 8,500 were for, and 2,250 were against. There were 101 that were invalid. That was in the year 1990.
The SpeakerThe SpeakerJust a minute. Members are still speaking too loud. [Pause]
The SpeakerThe SpeakerYou are not speaking across the House, but you are speaking too loud. Let us speak . . . The Standing Orders —if I need to read them —say that if you are going to speak you should speak in an undertone —undertones. Everyb ody understands what that is.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker. Then the next referendum, which was the hot topic, that hot potato, was in 1995. And we already heard reference of that, and that was on the independence for Bermuda. A gain, still a small turnout, in my opinion. That was 58.76 per cent of registered …
Thank you, Mr. Speaker. Then the next referendum, which was the hot topic, that hot potato, was in 1995. And we already heard reference of that, and that was on the independence for Bermuda. A gain, still a small turnout, in my opinion. That was 58.76 per cent of registered voters came out to vote. So that was a turnout of 37,841. Now, Mr. Speaker, I would hope that those numbers will be almost the 99.9 per cent that came out in other parts of the world on other referendums. It is important that individuals recognise their right to vote and their right to have an opinion. Because indeed, Mr. Speaker, this was one of those topics that was the elephant in the room that no one wanted to address. B ut as society continues to change and evolve, we have to address these topics. And the One Bermuda Alliance have decided to take that bull by the horns and actually do something about it, rather than putting it up on the shelf and saying, You know, we’ll c ome back to that later. And in the interim, lives are being affected. One of the things that I recognised was that the reality for the electorate is that they have the right to support or to reject. That is indeed what the refer-endum is all about. And wor ldwide, countries have 1512 11 March 2016 Official Hansard Report
Bermuda House of Assembly used referendums to resolve political issues. And I dare say, as another Member has mentioned, this as such is not as much a political issue, but it is up to the politics of the world to resolve. It is indeed a human issue. One of t he tyrannies in one of the political cri tics was the fact that the tyranny of a referendum is that, again, the majority vote will out -rule the minority. And, Mr. Speaker, that is a tyranny. When you look at it that way, it is almost unfair, because if you are the minority, you lose. But, Mr. Speaker, that is the only way that we can see the subject matter being handled, being handled to the best of our ability. And the only format that we have to do that is via the way of a referendum. And so, therefore, Mr. Speaker, before I take my seat, I would simply implore all individuals who have the right to vote to come out and vote. Because what it does is it helps to give those groups, the polit ical parties who are between and betwixt making a decision, the abili ty to [sense] or recognise what the people of Bermuda want us to do. So again, before I take my seat, while the questions on the referendum may not meet everyone’s satisfaction, if we have not recognised that we cannot make everyone happy here in this room, then we have recognised nothing. And all I can do is implore people to have their say. They have fought hard to have their right to say. Now let them use that right. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 20, Pembroke [South] West. MP Susan Jackson, you have the floor.
Mrs. Susan E. JacksonGood evening, Mr. Speaker. I was perfectly happy, to be honest with y ou, to let this be one of the matters that the judicial sy stem took care of and took responsibility for, because it seemed to me that they are a part of our legislature, and now is …
Good evening, Mr. Speaker. I was perfectly happy, to be honest with y ou, to let this be one of the matters that the judicial sy stem took care of and took responsibility for, because it seemed to me that they are a part of our legislature, and now is the time for them to make the decisions. But then I realised that we cannot endure the expense of having time and time again members of the public going before the courts and suing the Go vernment, and ultimately, the taxpayer having to pay a large amount of money for the judge to make a determination that really the Government s hould create and establish. So, with that in mind, I think that it is quite r esponsible of the Government to have a referendum. It gives the people of Bermuda an opportunity to have their say. The Government gets to see where people in Bermuda stand. And that, in and of itself, will create at least a bit of a barometer or some indication of the pulse of this community. But it ultimately is going to be the responsibi lity of Government —and I get that, and there are peo-ple out there who get that —to help us to create the framework for people in Bermuda to find a way to have a relationship that is as close to the assimilation of marriage as we as a community can get. And I appreciate the fact that the Government is at least taking a broad look at what is going on around them. However, it somewhat bothers me—and certainly I speak on behalf of constituents —that we have to even go through this process. I mean, I certainly am a human being who has, through generations before me, had to go through and experience what it is like to fight for human rights. And to me, it is not a matter of what a few people think or how people vote. This should be a blanket across -the-board you are human and you should have equal rights as any other human . Fine. I appreciate we are goin g to have a referendum. We know where the community stands. But ultimately, Mr. Speaker, I look forward to all human beings in Bermuda having equal rights. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Mi nister of Finance. Minister Bob Richards, you have the floor. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I thought I would like to make a contribution here. I was …
Thank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Mi nister of Finance. Minister Bob Richards, you have the floor.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. I thought I would like to make a contribution here. I was really impressed, Mr. Speaker, when we had that demonstration on the Cabinet Grounds a few weeks ago, of Bermudians coming out from, quite frankly, all walks of life, expressing their views on this issue. I think that this is, for many Bermudians, a moral/religious issue. But it is also a l egal issue. And one of the reasons that it is controversial and perhaps complicated is because the institution of marriage is both moral or social, as well as legal. My colleague, the former Attorney General, has said twice now that marriage is just a wor d. But if you look up “institution” on Google, it describes what it is. And then right underneath that as an example, it gives institution of marriage. And so, I just would like to ramble on this a little bit, Mr. Speaker, because I think that there are some interesting things at play here. I think many Bermudians, perhaps most of those folks who came out in that demonstration, the pr eserve marriage people, came there to express their views which were less about tradition and more about religion, or morals. Well, you know, if you step back far enough, you will see that Christianity is not the only religion in the world. There are many other religions, many other cultures. And if you step back, you will see that this institution called marriage is found in e very culture. It is found in every religion. Everywhere on Planet Earth, there is something called marriage. Whether you are Muslim, whether you are Buddhist, whether you are Shinto in Japan, people get married in every one of
Bermuda House of Assembly those places, even places if you go back in history. Mr. Speaker, you know, I grew up studying the Bible in Sunday School. And remember that the Israelites were in bondage in Egypt. Well, the Egyptians did not worship Jehovah. They worshiped Amun- Ra and Anubis and Isis and all those other Gods. They were far from Christians.
[Inaudible interjection]
Hon. E. T. (Bob) Richards: Yes, Isis. Isis. Isis is an Egyptian goddess, all right?
[Inaudible interjections]
Hon. E. T. (Bob) Richards: So they were not Chri stian at all. But they had marriage, Mr. Speaker. They had marriage, because we know that Pharaoh had wives. We know that Akhenaten, his wife was Nefertiti, and Ramesses’ wife was Nefertari. So we know these things. So if you step back far enough, you will see either a cross -section of the world as it is today, or if you step far back enough in time, you will see that there is something called marriage throughout the world, as well as throughout the history of the human race. So, what is it? If we get down to what the essence of mar riage is, as opposed to just the name, there is an essence of marriage as opposed to the legal aspects which have been bolted on over time. My position is, Mr. Speaker, the essence of marriage comes from the need from our species to procreate. It is the human construct that was put in place for two things —procreation and the socialisation of children. The whole society is built on that, as one of the other speakers already said. The entire human society, and varying societies, are built on those two fundamental things. So, having said that, I am one who thinks that marriage is essentially, innately, intrinsically a rel ationship between a man and a woman. And therefore, I agree with those people who want to keep it that way.
[Inaudible interjection] Hon. E. T. (Bob) Richards: However, you know, I really find it to be interesting when people say, Well, they want equality in marriage. Because, Mr. Speaker, if you believe as I do, that marriage is intrinsically and inherently a heterosexual relationship, if y ou believe that, then equality of marriage is sort of like the donkey saying to the eagle, I want equality in flight. You know? You cannot have it, because they are innately different. So, the equality in marriage thing falls down, to me, on that basis alone. So, having said that, Mr. Speaker, we still have this legal issue. We still have this legal issue, and I come back to my honourable colleague, the Honourable Member, Mr. Pettingill. He makes the l egal issue very strong, the human rights issue. The protection of minorities is a really important function in a healthy democracy. There is a thing in political sc ience called the tyranny of the majority. And so, we need to be cognisant of that. So what this referendum attempts to do, it attempts to give voic e to those pe ople who, either through a religious or moral or just habitual belief that marriage should be between a man and a woman, it gives voice to that opinion. But it also gives the opportunity to avoid the tyranny of the m ajority by providing some l egal rights to same- sex co uples. And it does not make sense telling people how to vote. They are going to vote the way they want to vote. I think the only thing that we need to do as a parliament is to encourage people to vote and to par-ticipate in this. What our friends in the Supreme Court, of the Bermuda Supreme Court, what they do about it is up to them, ultimately. But I do believe that this referendum provides an opportunity for Bermudians to express themselves. And it also would give us some idea as to where we are as a culture, where we are as a society. There is no question in my mind that the inst itution of marriage is the foundation of any society and culture. It has to be! Because, you know, that is where we are created. There is a social cons truct for the procreation of the species and the socialisation of children. And you have to have those two things to have a society. So I encourage everybody to participate in this referendum. And I support it 100 per cent. Thank you.
The SpeakerThe SpeakerThank you. Are there any other Honourable Members who would care to speak? The Chair will recognise the Minister. Minister Patricia Gordon- Pamplin, Minister for Community, Cu lture and Sports, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr . Speaker. Mr. Speaker, as the Minister responsible …
Thank you. Are there any other Honourable Members who would care to speak? The Chair will recognise the Minister. Minister Patricia Gordon- Pamplin, Minister for Community, Cu lture and Sports, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr . Speaker. Mr. Speaker, as the Minister responsible for initiating the town hall meetings that occurred and i nviting people to come and give us their opinions and their thoughts, and having an interchange of ideas and preferences, and a revealing of peopl e’s personal situations, their history, their experiences, I was able to learn an awful lot. Let me just say that we determined that we would go this route because it was the one method by which the Government could respond to the respons ibility outlined in the Oliari v. Italy case, to which much reference has been made in terms of a necessity to determine the populace’s margin of appreciation. My initial belief, Mr. Speaker, was that, with the extent of the town hall meetings that I had, open1514 11 March 2016 Official Hansard Report
Bermuda House of Assembly ing up a website for people to give us their thoughts and ideas and sharing that information, that that might have been sufficient. In going back and discussing it with my colleagues and the like, I thought, you know, if the court decision says that this is what we need to do, then I had to acquiesce to that suggestion. But let me just say that if I had my preference, we would not be going down the path of a referen-dum, because as colleagues have mentioned ever so eloquently today, this is a human rights issue. So, w e look at situations that heterosexual couples are the ideal. And somehow, homosexual couples are blasphemous and everything else that is negative. But look, as you will recall, Mr. Speaker, two days ago I made mention of my personal circumstance. You can be in a heterosexual relationship that is horrendous, that is brutal, that shows no respect of one party t owards the other, and based on the construct under which we operate and the churches and the Preserve Marriage [in Bermuda group] and all of their ideals, that relationship is approved and accepted because it is heterosexual! Put two homosexuals together in a loving and embracing environment and, somehow, it is all wrong. So, the churches, I believe, are hypocritical on this matter because you cannot on the one hand say that it is okay to be in a heterosexual relationship that is brutal, but it is not okay to be in a loving and embracing relationship. There is something wrong with that picture, Mr. Speaker. And I do not know if I accept that. However, let me just also say many examples of what we have had within those town hall meetings . . . we had one young gentleman come out and say, You know, I understand the churches’ position because I too grew up in the church. This gentleman has a homosexual lif estyle. And he basically said, You know, I was molested in the church. So, while the church on the one hand is decrying him for the lif estyle in which he is engaged, somehow the church . . . you know, this gentleman does not feel any level of comfort, because now he feels like he has been betrayed twice. He has been betrayed because the church that he had a lot of faith and confidence in was the place where he was molested. And now, the very people in that same environment are vilifying him be-cause of the p erson whom he is. That cannot be right. You cannot exclude people every step of the way. I do not think that is right. So, before we start with our, you know, sort of sanctimonious approach towards things, let me dispel the concern of the Honourable Member who took his seat, from 16, Member Weeks. (I am not certain of the constituency.) But let me dispel his concern about bestiality. Because the idea of marriage in any way, shape or form has got to be between consenting adults. And it is not possible for an animal to give consent. So you are not going to see, under any circumstances, legalisation of bestiality. It is not going to happen. Whether we are talking about it today, whether we are talking about 20 years down the road, Member Weeks, it is not going to be a problem, certainly not in our society. You cannot have a consent-ing relationship. We found ourselves in a very interesting dichotomy in respect to this situation, because we have the A. and B. case, which was the adoption case. In February the decision came down from the court. And subsequently, in November, we had the Bermuda Bred case. And in the interim, we went about ensuring that information was obtained and shared with the public so that we could have an open interchange of ideas. But it wa s interesting that when the Bermuda Bred case came down, the decision relating to that came down, which as the Honourable Premier indicated earlier, it was an immigration issue. But we looked at the decision there, and we were given until February 29 th to be able to effect something that pr ovided for same- sex couples to have a right to family life in our immigration policies. I placed on the Order Paper, Mr. Speaker, an amendment to the Matrimonial Causes Act, because that amendment effectively provides f or securing the position of marriage being between a man and a woman. And I will not go detailed into the Act, but that was the reason it was put down. And I put it down, Mr. Speaker, not because I thought it was the ideal thing to do, but because at the t ime when two words and a comma was introduced into the Human Rights Act two years or so ago, the then- Minister and the thenPremier gave a commitment that this would not lead to same- sex marriage. So notwithstanding being the Minister responsible for Human Rights and feeling very uncomfortable about being in that position, Mr. Speaker, I was cast igated by the Human Rights Commissioners, because they saw this as a human rights issue that we should not be changing legislation that carves out the Human Rights Act. We are going to make changes to a H uman Rights Act? It should be to support it, to enhance it and to strengthen it. It should not be to water it down. So I took the criticism. But I explained to the Human Rights Commissioners that the purpose for which this approach had been taken was based on the commitment that was given two years ago. And whether it be right, wrong or indifferent, in retrospect, it was a commitment, and I wanted to ensure that people who had those fears would have those fears assu aged. It was important for me to say that when it was said that this situation would obtain, that we would have legislation that supported it. Now, let me just say that we have people sa ying, you know, Nobody has to have the same- sex marriage. Passing a l aw which says that this situation might be legal with a same- sex civil union, however it is, you do not have to have one. It is not saying that
Bermuda House of Assembly as a result of this being on the books, that this is a requirement for you. And I have heard very many people sa y, If you do not want to have a same- sex marriage, just don’t have one. And it is not meaning to be glib about it, Mr. Speaker. But that is really quite a fact. Because I was hoping that in tabling the Civil Union Bill, which took significant effort on beh alf of the parliamentary drafts people to ensure that we carved out and gave assurances in those areas where people expressed major concerns during the town hall meetings . . . and some of those things were things like, I don’t want to think that my church is going to be taken to court or forced to marry a same- sex couple. It is against our religion. We don’t want to do it. And that is the good thing about human rights, Mr. Speaker. Human rights says that there are balancing rights. So as much as I might have the right to do something, you have the right to do things the way you want to do them. So you have got those balancing rights. So if a church chooses not to engage in this kind of ceremony, they do not have to. They are pr otected because of their freedom of religion, which is enshrined in the Human Rights Act. So with that said, what do we do? We brought for consultation a Civil Union Bill. And in that construct it indicates specifically that only a celebrant would be able to conduct a same -gender union. And what that says is that you cannot tell a preacher they have got to do it if they don’t want to. Anybody who wants to be able to be authorised would have to make a concerted personal effort to go to the registrar, be registered as a celebrant in order to have the licence to then perform civil union ceremonies. So it is not putting any onus or any difficulty on the trad itional preachers whose religions do not permit them to be able to adopt anything that would embrace som ething in which they do not beli eve. We accept that, and we have provided for it in the Civil Union Bill. It is also my fervent hope, Mr. Speaker, that we would find ourselves in a situation where, in the interim between now of the debate and the time that a referendum is held, that we w ill be able to continue our publicity, our public meetings, so that people are aware of some of the fears that they have respecting what would be entailed. Because one of the things that we fail to exhibit in our community, Mr. Speaker, is a level of toler ance towards one another. If your thought process is different from my thought process, then it becomes butting of heads. It is adversarial. And it is not necessary. We can agree that we can walk hand in hand on situations, Mr. Speaker, and because one had a different opinion than another, it does not say that one is right and one is wrong. It is just that the two are different. The two are different. And when we speak in terms of tolerance, Mr. Speaker, I cannot imagine somebody standing in a pulpit and sa ying that you must be intolerant of another human being. That is difficult! That is difficult for me to gauge that concept. Because I am very, very Christian, brought up in an extremely Christian env ironment with an extremely Christian family and mother, and dragged to church, and loved it, loved every minute of it. Even the times that Mum could not take me to church, I would go by myself because I enjoyed the concept of church. So I have been serving my God, my Creator for an awfully long time, Mr. Speaker . And in so doing, at no time have I accepted or been forced to accept the fact that the God I serve is going to exclude me for any reason. I have to answer for me, for the choices that I make. And for those who believe in a different Creator, they have that relationship between themselves and that Creator. And it is to that Creator that they must respond, that they must answer when the time comes, Mr. Speaker. It is not for me to judge how somebody else chooses to life their life, provided that what they do is not going to impact on me or my family. Because that is my level of protection that I am responsible for, Mr. Speaker. So I do not want to see that we are so intolerant of one another that we cannot embrace the idea that we can co- exist in an environment which gives people equal rights. Mr. Speaker, what is very interesting, this past weekend I had a telephone call from somebody who was tremendously disturbed at the whole concept of a referendum, and What does it mean? and Where do they stand? And what was very interesting was the conversation that we had, which basically said, you know, we as people who live in my skin have been extremely tolerant. We have permitted people to vilify us, castigate us, ostracise us, basically let us think and feel as t hough we are worthless. This is a human being and, you know, somebody with whom I have interacted with over an awful long time because we share in certain sporting environments together. And what that individual said, you know, we have been really, really nice over the last little while. And we have allowed people to push us around. And we are too nice to even want to push back. But what the individual said to me is that, One of these days I am going to reach my breaking point and I am going to start naming names of all the people who are there pointing fingers at me and at us who, on the down-low, are living the same lifestyle. That is a scary thought, Mr. Speaker. That is a scary thought. Because we find ourselves so sanctimonious, I guess is the only word I can use, that we uphold certain standards because the Lord says and the church says. And, you know, [by the] same token, we live together before we get married. The church does not say that that is appropriate. We have extra- marital relationships. The church does not say that that is appropriate. But because the construct of those relationships is acceptable for being heterosexual, somehow we turn a blind eye. And we then ignore people for having their very dedicated relationships. 1516 11 March 2016 Official Hansard Report
Bermuda House of Assembly I can remember as a younger person, one of the pastors of one of our very significant churches was thrust off the Island in double- quick time for having been caught on the beach in a most compromising position, Mr. Speaker, and kicked off the Island. And then what happened? We then come and hear —
The SpeakerThe SpeakerJust a minute, Honourable Minister. Hon. Patricia J. Gordon -Pamplin: Sure.
The SpeakerThe SpeakerI want to say to people sitting in the Gallery that you make no kind of response to anything that anyone says. Otherwise, I will ask you to leave the House, the Chamber. You sit, and you watch, and you listen to who is speaking. Otherwise, leave. Carry on. Hon. …
I want to say to people sitting in the Gallery that you make no kind of response to anything that anyone says. Otherwise, I will ask you to leave the House, the Chamber. You sit, and you watch, and you listen to who is speaking. Otherwise, leave. Carry on.
Hon. Patricia J. Gordon -Pamplin: Thanks, Mr. Speaker. So, these were the people in times who would want to come and tell us h ow we ought to live. And I say that only to say that we must remove the mote from our own eye before we try to move that from our brother’s. And I think that is a very important concept, Mr. Speaker, from a point of view of tolerance. We must be tolerant t owards one another. Mr. Speaker, I know and I understand the benefits that children have when they live in an env ironment that is loving and nurturing, with mother and father and marriage, and sister and brother and dog, and white picket fence, and the wh ole nine yards, all of the perfections that one sees and reads of in the storybooks. But in reality, many of those situations do not obtain. Many of our young people, Mr. Speaker, are from broken homes. We had the debate the other day about the challenges faced by single parents, si ngle mothers in particular, having to provide for their families. Mr. Speaker, we do not have that ideal construct of a family as being the norm. As Minister r esponsible for Financial Assistance, we have people walking through t he doors requiring help for their chi ldren, Mr. Speaker, when they might have three and four and five and six children and maybe as many children’s fathers. So while we have an ideal situation that we might strive towards, and I would never undermine that, Mr. Speaker, we also have a very stark reality that there are situations that are less than ideal. And, Mr. Speaker, I am not going to turn my back on any child in our community because he does not have a married mom and a married dad. Because I could have been in the situation with a married mom and a married dad and a wonderful child that I have, and he has got to sit there every day and watch his mama having a black eye. Is that good? Is that what is being endorsed when you say that this is what we want, because this is heterosexual, irrespective of the lack of respect? I do not think so, Mr. Speaker. I do not think that that is appropriate. So I would just ask that we continue, or at least we try to embrace everybody in our community, have a level of tolerance. Whether we appreciate or support somebody else’s choice, we do not have to make those same choices. We have the freedom to make choices for ourselves. And let me just say, f inally, Mr. Speaker, that if we find ourselves —we heard, you know, that this is narrow self -interest and special interests and the like. But let me just say that if we want to be fair to the community, and you know you cannot please all the people all the time, but we cannot have on the one hand a group that is saying, Please give us security so that marriage is defined as between a man and a woman and it is not going to change, and then you have another segment of the community to whom you are going to say, Well, I’m going to solidify this situation over here, but I’m going to give you nothing. I’m going to give you nothing. So, what happens, Mr. Speaker? If we do not solidify the Matrimonial Causes Amendment Act that has been tabled and will be debated at the appropr iate time, we can have a situation, Mr. Speaker, in which th e court then makes the determination that, you know, if we do not have this bit sorted out, and there is no tolerance for anybody else, the courts can come down and say, You know what? We don’t see that you are providing a framework in which same- sex coupl es have the right to family life. So therefore, I believe that you are acting ultra vires, the European court decision. You are acting ultra vires the Constit ution in terms of people’s human rights. And therefore, I as a judge am going to make that decision. And yes, the two of you can just carry on, trot off to the registrar and get married. That is a distinct possibility that can happen. And what happens then? Then the precedent is estab-lished. The floodgates open, and we find ourselves in a situation of being forced to accept that which we say we do not want, Mr. Speaker. I am between a rock and a hard place, Mr. Speaker, because my Ministers and former Premier made a commitment. And I am trying to fulfil that commitment. I am also, on the other hand, trying to ensure that we fulfil commitments on an equal basis, as far as possible, to all members of our community. Because I take very seriously, Mr. Speaker, the Pr eamble to our Human Rights Act, which effectively speaks about the inalienable right that each person has to be treated with dignity and respect, and to be able to live with that level of integrity. And if we do anything less, we are not providing for it. So, with this referendum, we will be able to test the margin of appreciation, and we will be able to determine whether we are so intolerant that we can come up with a decision one way or the other where the rights of the minority are trampled on by the sheer numbers of a majority.
Bermuda House of Assembly I would encourage, Mr. Speaker, firstly, that people support the referendum, that they come out to vote. But in the interim [I would encourage them] to apprise themselves of what it takes to be able to be tolerant of another human being, as opposed to making a determination that my great -granny said that this is a sin, and you are going to go to hell because the Lord said so, and just recognise that every one of us will face our own Waterloo at the appointed time. And each one of us will have to answer to our own Creator. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Honourable Member from constituency 18, MP David Burt, the Shadow Minister of Finance.
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, the first item that rise on is pursuant to Standing Order 27(2). Standing Order 27(2) reads as follows, if I may: “As soon as possible after the receipt of a Bill the Clerk shall circulate a copy to every Member. Every Bill …
Thank you very much, Mr. Speaker. Mr. Speaker, the first item that rise on is pursuant to Standing Order 27(2). Standing Order 27(2) reads as follows, if I may: “As soon as possible after the receipt of a Bill the Clerk shall circulate a copy to every Member. Every Bill shall be accompanied by a short explanatory statement of its objects, and if it i nvolves expenditure, a financial memorandum indicating the estimated annual recurrent cost and any capital cost.” Now, Mr. Speaker, I will state that this Bill has been submitted to us without a financial memorandum. And then one must only assume that it is free, or the Government is violating Standing Orders in this case. I would seek to ask for your ruling in this regard, if we are even allowed to proceed, because this was done after the Budget. The Budget was tabled, and then the decision was changed by Government for a referendum. So clearly, this is an additional spending, and there has to be a financial memorandum. Mr. Speaker, you will know that I spoke to you earlier, because there have been referendum bills that have been refused by yourself, stating that they co ntained expenditure. But if this Bill does contain expenditure, the question one must ask is, Where is the f inancial memorandum? So I would submit to a ruling from you on that particular aspect, Mr. Speaker. I would be grateful for your response. The one thing that I will say overall on this Bill is that some people would think that we are living in almost an alternate universe. Because as the Honourable Member from constituency 17 said, for some reason, on this particular issue it is important [t hat] the will of the people [be heard]. We hear the Government Whip talking about. The Government does not have a mandate to do this; so we need to figure out what the people are saying. And then we have a Government that, in a completely different issue, does not have a mandate, is going against what was in their election platform and saying that they do not need to listen to the people. What is the difference between the people who were assembled at Parliament today and the people who moved Minister Richards when they were down on the steps of Cabinet? What is the difference, Mr. Speaker? People are speaking because they have to be heard on issues that the voters have not had an input on. And the margin of appreciation, as the Honourable Member from const ituency 7 mentioned, can be mentioned in this instance. But if the Government is saying that on the issue of Pathways to Status as a human rights issue, then should not the same thing apply, Mr. Speaker? The Government cannot even keep their own arguments straight. Because on one hand, we hear that a referendum is necessary to make sure we know what the people believe. And on the other hand, we do not need to know what the people believe, be-cause we have it here. We do not have any data. We do not have any ideas. We cannot produce any stati stics which say that the people support our position, even though before the election, we told them other-wise. Mr. Speaker, this Government needs to [b ecome] a little bit better, because when they come here with those types of arguments it is obviously going to be asked, Why does that same thing not apply in a nother circumstance? And just to be clear, Mr. Speaker, when the people were on the steps of Cab inet they were out there protesting just like the people today were pr otesting—just like. Why are the people who protested today any less worthy of having their voice heard, understanding that the people get to decide [the issues], than those people who were on the Cabinet steps three weeks ago? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable and Learned Member, the Attorney General. POINT OF ORDER Hon. Trevor G. Moniz: Thank you, Mr. Speaker. Just on a point of order, really. I know that Honourable Member was mixing up …
Thank you, Honourable Member. Would any other Honourable Member care to speak? The Chair will recognise the Honourable and Learned Member, the Attorney General.
POINT OF ORDER
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. Just on a point of order, really. I know that Honourable Member was mixing up two different d ebates, one that we will have later, I expect. But with respect to the financial memorandum, I would just, depending the Speaker’s ruling on that . . . we just moved on this side that the money was put in the Budget, as the Member knows. And with that said, we will just put a motion to waive the rule. So we wait on your ruling, Mr. Speaker, in that regard, as you will know with respect to this Standing Order 27.
The SpeakerThe SpeakerThank you, Honourable Member. Thank you, Attorney General. Thank you. 1518 11 March 2016 Official Hansard Report Bermuda House of Assembly Would any other Honourable Member care to speak? Then, Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I thank honourable colleagues for their contr ibutions in this debate. …
Thank you, Honourable Member. Thank you, Attorney General. Thank you. 1518 11 March 2016 Official Hansard Report
Bermuda House of Assembly Would any other Honourable Member care to speak? Then, Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I thank honourable colleagues for their contr ibutions in this debate. There wer e many good presentations, and certainly some of them were quite heart - wrenching. Mr. Speaker, many of the questions were answered through the course of the debate. One of the things that did come up from an honourable colleague, I think it was the Honour able Member from constituency 34, in regard to the questions. The questions are not linked, Mr. Speaker. You can answer yes –yes, yes –no, whichever way you want. The questions are not linked. With the debate now being concluded, I would like that the Bill be committed, Mr. Speaker.
The SpeakerThe SpeakerThank you. Are there any objections to that?
Mr. E. David BurtI object on the grounds of Standing Order 27(2), that there is no financial memorandum attached to the Bill.
The SpeakerThe SpeakerThank you, Honourable Member. Honourable Member, I do realise that from what I have been made to understand, the matter is in the Budget. The matter is in the Budget.
Mr. E. David BurtWhether or not it is in the budget or not, the Standing Orders specifically state that if any Bill requires expenditure then it has to have a f inancial memorandum indicating the estimated annual recurrent cost and any capital cost. Additionally, Mr. Speaker, the Government decided on a referendum after …
Whether or not it is in the budget or not, the Standing Orders specifically state that if any Bill requires expenditure then it has to have a f inancial memorandum indicating the estimated annual recurrent cost and any capital cost. Additionally, Mr. Speaker, the Government decided on a referendum after the Budget was tabled in this House. Therefore, they cannot say that it was included in the Budget if they changed their decision after.
The SpeakerThe SpeakerThank you. Thank you. Thank you, Honourable Member. Honourable Member, did you want to speak? Hon. Michael H. Dunkley: Just to clarify, during that Non- Ministry Head debate on Wednesday, I clearly explained where the funding would come from in the line item for by -elections and general elections. The …
The SpeakerThe SpeakerAll right. It was. So, I think, Honourable Member, I move that we continue. Yes. So therefore, we will go into Committee. The Deputy can take the Chair [of Committee]. [Pause] House in Committee at 8:33 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL REFERENDUM (SAME- SEX RELATIONSHIPS) ACT …
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Referendum (Same- Sex Relationships) Act 2016. I call on the Minister in charge to proceed. Minister —in this particular case, Premi er—you have the floor. Hon. Michael H. Dunkley: Thank you, Madam Chairman. …
The ChairmanChairmanIt has been proposed that we move clauses 1 through 4. Are there any objections to that motion? No objections. Please proceed. Hon. Michael H. Dunkley: Thank you, Madam Chairman. The Bill requires that a referendum be held on the questions set out in clause 3. It also seeks to …
It has been proposed that we move clauses 1 through 4. Are there any objections to that motion? No objections. Please proceed.
Hon. Michael H. Dunkley: Thank you, Madam Chairman. The Bill requires that a referendum be held on the questions set out in clause 3. It also seeks to r epeal and replace section 9 of the Referendum Act 2012 to apply to a referendum under the procedure for preparing and publishing the register used for a par-liamentary election. The referendum would be conducted in accordance with the Referendum Act 2012. Madam Chairman, clause 1 is self - explanatory. Clause 2 provides that this Bill must be read and cons trued as one with the Referendum Act 2012. The Referendum Act 2012 sets out the framework for the conduct of a referendum. Clause 3 requires that a referendum be held and, in accordance with section 6(1) of the Referen-dum Act 2012, sets out the questions t o be asked at the referendum. Section 6(1) of the Referendum Act 2012 sets out that, where an Act requires that a referendum be held, the question, or questions to be an-swered at the referendum, shall be set out in the Act, and subject to anything to the c ontrary in that Act, the
Bermuda House of Assembly referendum shall be conducted in accordance with the provisions of this Act. Accordingly, there are two ques-tions to be asked at the Referendum. One: Are you in favour of same- sex marriage in Bermuda? Or two: Are you in favour of s ame- sex civil unions in Bermuda? Madam Chairman, clause 4 repeals and r eplaces section 9 the Referendum Act 2012. Currently, section 9 provides that the registration of voters closes when the Premier publishes a referendum notice, and that the Registrar m ust publish the register to be used for the referendum within seven days of the publication of the referendum notice. The amended section provides that section 26A of the Parliamentary Election Act 1978 applies with necessary modific ations. For the avoidance of doubt, Madam Chairman, section 10(4) of that Act, which provides for the regi stration of voters who have not yet attained the age of 18 when the referendum notice is published, but will be 18 on or before the polling day, is similarly applied. Sectio n 26A(1) of the Parliamentary Election Act 1978 states that “Where the Governor issues a writ of election pursuant to section 27— (a) the Registrar shall by notice publish in the Gazette and in such other manner as he [or she] thinks fit, declare that for the purposes of this election the registration of electors shall close after a period ending seven days after the issuing of the writ; and (b) the Registrar shall within seven days after the end of the period referred to in paragraph (a), revise and publis h the parliamentary register.” Therefore, the Office of the Parliamentary Registrar will extend a seven- day registration period once the notice for the referendum is published by the Premier. In accordance with section 10(4) of the [pri ncipal] Act, “a pers on otherwise qualified to be regi stered as an elector after the [notice for the referendum] if he will attain voting age on or before polling day is entitled to be registered in the parliamentary register; and his entry in the parliamentary register shall give the date on which he shall attain that age; and until the date given in the entry he shall not be entitled by virtue of the entry to be treated as an elector for any purpose other than the purpose of an election at which the date fixed for the poll is that or a later date.” Therefore, Madam Chairman, a person who is registered in the parliamentary register and is 18 years old on or before the date of the referendum shall be entitled to participate. That is an overview of the four clauses.
The ChairmanChairmanThank you, Premier. Are there any Members who would like to speak to clauses 1 through 4? The Chair recognises the Member from constituency 17.
Mr. Walton BrownThank you, Madam Chairman. Madam Chairman, the Premier has not answered the question whether or not . . . well, he did say it is not a binding referendum (sorry). So my ques-tion is, why go through the exercise with these questions if it is not binding on the Government? …
Thank you, Madam Chairman. Madam Chairman, the Premier has not answered the question whether or not . . . well, he did say it is not a binding referendum (sorry). So my ques-tion is, why go through the exercise with these questions if it is not binding on the Government? That is the first question. Secondly, with regard to these particular questions, based on the comments that I heard earlier during the general debate, it seems as if there was a great deal of religious impetus behind these questions. And so, my question for the Premier is, To what extent has, say, the religious lobby put the Gover nment in this position to pose these questions? And thirdly, what is the date for the referendum?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister of Comm unity, Culture and Sports. The Honourable P. J. Gordon- Pamplin, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, I just wish to respond, because I am the substantive Minister responsible for Human Rights, …
Thank you, Member. The Chair recognises the Minister of Comm unity, Culture and Sports. The Honourable P. J. Gordon- Pamplin, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Madam Chairman. Madam Chairman, I just wish to respond, because I am the substantive Minister responsible for Human Rights, and I hope the Honourable Member does not mind, albeit he did address his ques tion to the Premier. But in terms of, why hold the referendum? You will know that in the case of Oliari v. Italy and the judgment that was handed down in the European court, it spoke to a few things, one of which was that we must provide a framework withi n which same- sex couples are able to have the right to family life. That was one. And the other was to determine what the margin of appreciation was of the state. So that margin of appreciation is what is now being sought in this referendum.
The ChairmanChairmanThank you. Are there any other Members? The Chair recognises the Honourable Member from constituency 17.
Mr. Walton BrownMadam Chairman, I am even more confused. So if the intent is to determine . . . If the courts are requiring that there be a legal position with regard to same- sex marriage or civil unions, the referendum is meant to give the public the right to come to …
Madam Chairman, I am even more confused. So if the intent is to determine . . . If the courts are requiring that there be a legal position with regard to same- sex marriage or civil unions, the referendum is meant to give the public the right to come to a position on it. If the public rejects both questions, i.e., says no to both questions, will the Government therefore be in a posit ion where it cannot pass any such legislation that will bring a level of the quality to same- sex couples?
The ChairmanChairmanThank you, Member. The Chair recognises Minister GordonPamplin. You have the floor. 1520 11 March 2016 Official Hansard Report Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: Yes. If that were to happen, then we will obviously have to assess the situation at that point in time.
The ChairmanChairmanThank you. The Chair recognises the Member from constituency 17.
Mr. Walton BrownMadam Chairman, I really hate to belabour the point. But it is just bringing to relief the absurdity of the process that we are currently e ngaged in. Because what the Government is intimating . . . well, you are elected to lead, as you say. You are leading on …
Madam Chairman, I really hate to belabour the point. But it is just bringing to relief the absurdity of the process that we are currently e ngaged in. Because what the Government is intimating . . . well, you are elected to lead, as you say. You are leading on other very controversial issues in ways that have created divis ion for this country. And there has been no dialogue and no collaboration and no mandate—in fact, opposite of the mandate. But here we have on this issue a process which will give, I think the Honourable Finance Mini ster . . . the first time I have ever h eard him speak on social issues, Madam Chairman, with passion, no doubt —
An Hon. Member An Hon. MemberHe has a heart. [Laughter]
Mr. Walton BrownWell, there must be a heart somewhere in there, Madam. I saw a little bit of it t onight. [Laughter]
Mr. Walton BrownBut he spoke about the tyranny of the majority. So they have a process now which may well lead to that. It will put the Government completely at odds with the judge’s ruling. So w hy are we here? It is an expensive exercise, when you do not have money. …
But he spoke about the tyranny of the majority. So they have a process now which may well lead to that. It will put the Government completely at odds with the judge’s ruling. So w hy are we here? It is an expensive exercise, when you do not have money. I will offer my services once again. I will declare my interests. I do market and social research. If you want an opinion poll, a representative sample will tell you exactly [what] t he population thinks on the i ssue.
[Inaudible interjections]
Mr. Walton BrownYou do not need to spend half a million dollars. If all you are going to do is find out what they — [Gavel]
The ChairmanChairmanMember, I will ask you to have a seat so that the i ndividual in front of you can determine whether he wants to finish his conversation or not, so I can hear you. Thank you. Please proceed.
Mr. Walton BrownThank you, Madam Chairman. So I am just confused. If the public say no, you are going to pass legislation anyway, presumably. If the public say yes, you are going to pass the legisl ation anyway. What am I missing? Why are we spending the money? Why do we go …
Thank you, Madam Chairman. So I am just confused. If the public say no, you are going to pass legislation anyway, presumably. If the public say yes, you are going to pass the legisl ation anyway. What am I missing? Why are we spending the money? Why do we go through this exercise? What is the purpose of our spending a few hours here tonight on an i ssue that I think most people see as a fundamental human rights issue in which the Government will be encouraged to act in a decisive manner?
The ChairmanChairmanThank you, Member. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Member from constituency 34, the Learned Member. Ms. K. N. Wilson, you have the floor.
Ms. Kim N. WilsonThank you, Madam Chairman. I am a little bit perplexed, actually, as well, because I too have absorbed the Oliari case, and I do recognise the obligations that we have with respect to establishing a framework. However, as the Minister just alluded to we are trying to test the margin …
Thank you, Madam Chairman. I am a little bit perplexed, actually, as well, because I too have absorbed the Oliari case, and I do recognise the obligations that we have with respect to establishing a framework. However, as the Minister just alluded to we are trying to test the margin of appreciation through the use of this referendum and these questions if, just reading the quest ions in conjunction with the 2012 Referendum Act, if neither 50 per cent of the persons come to vote either yes or no for question A, or neither 50 per cent of the persons come to vote for question B, yes or no, then how have we solved the issue of address ing the margin of appreciation if not even anybody shows up for the referendum? This does sound like a very expensive exercise. And I just wonder if perhaps the Honourable Mi nister or the Honourable Learned Attorney General can answer this question. If the whole objective is to test the margin of appreciation, as announced in the Oliari case, what if nobody shows up?
The ChairmanChairmanThank you, Member. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Member from co nstituency 34.
Ms. Kim N. WilsonThank you. And another question. Bearing in mind that the Honourable Premier has gone on record indicating that the Government is not in favour of same- sex marriage, what happens if the first question of the referendum comes back with over 51 per cent voting yes? Bermuda House of Assembly
The ChairmanChairmanThank you, Member. The Chair recognises the Minister from constituency 23. Hon. Patricia J. Gordon -Pamplin: Again, we will assess our position at that time. I do not know that there is mu ch that I can share, that I can offer at this point.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Member from constituency 17.
Mr. Walton BrownThank you, Madam Chairman. So, for the sake of clarity, irrespective of the outcome of this referendum, is it the Government’s position that it will proceed with same- sex or civil u nion legislation, irrespective of the outcome?
The ChairmanChairmanThank you. Thank you, Member. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Chairman. The Honourable Member asked a question a couple of minutes ago (I think it was the Honourable …
Thank you. Thank you, Member. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Premier.
Hon. Michael H. Dunkley: Thank you, Madam Chairman. The Honourable Member asked a question a couple of minutes ago (I think it was the Honourable Member from [constituency] 34) about the date. The Act is clear that once the Governor provides assent to the Bill, then it is 90 days from that date. And then, once the Premier publishes the notice, then it is 60 days maximum from that date, or 30 days minimum from that date. So I would assume it would be fair to say that we are looking at some time in the middle or end of June.
The ChairmanChairmanThank you, Member. The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Chai rman. Minister, in light of the fact that you have a sample (my word) legislation of what civil unions could look like, as a Bill, in the event that the referendum …
Thank you, Member. The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Chai rman. Minister, in light of the fact that you have a sample (my word) legislation of what civil unions could look like, as a Bill, in the event that the referendum is held, as it will be, and the outcome is clearly a no to both civil unions as well as sam e-sex marriage, will you proceed with the draft legislation you have here? Or will it die a natural death?
The ChairmanChairmanThank you, Member. The Chair recognises Minister GordonPamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Yes. I was ask ed the exact same question, and I said that we will assess it at that point in time.
The ChairmanChairmanThank you. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Member from constituency 18, Mr. E. G. Bu rt. You have the floor.
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, during the general debate, the Honourable Premier did not answer one question. The Honourable Member from constituency 17 asked it again, and the Honourable P remier has not a nswered. And I am going to ask the question again, which I asked …
Thank you very much, Madam Chairman. Madam Chairman, during the general debate, the Honourable Premier did not answer one question. The Honourable Member from constituency 17 asked it again, and the Honourable P remier has not a nswered. And I am going to ask the question again, which I asked in the general debate, and hopefully the Honourable Premier will give an answer. What is the difference between the persons who are protesting now to make sure that their voi ces are heard insofar as a controversial issue (with some persons in the Government) called human rights, and this particular issue? Why has the Government sought to take the temperature of the people so that they can understand where the people feel on an issue that has not been placed before voters? What is the difference between the two groups? That is the question. Because if the Government is going to say they are going to proceed, if it is expedient to hold a referendum on this particular issue, why is it expedient to get the views of the voters on one issue, but not on the other?
The ChairmanChairmanThank you, Member. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Chairman. We are now in Committee. So that is a question that is not appropriate for Committee. And I will …
Mr. E. David BurtYou did not answer it before! Hon. Michael H. Dunkley: The Honourable Member . . . certainly I talke d to the Honourable Member after that, because I have answered that question before. The Honourable Member needs to retain some information. So having said that, I move that all these …
Mr. E. David BurtI object, Madam Chairman. Hon. Michael H. Dunkley: We are in Committee right now.
Mr. E. David BurtThat is perfectly fine. And in Committee— 1522 11 March 2016 Official Hansard Report Bermuda House of Assembly The Chairman: The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, the Preamble says where it is expedient to hold a referendum. Therefore, I am asking, What is the Government’s position on the di fference between the two classes of people? Why is it expedient to hold a referendum in this case, expedient …
Thank you very much, Madam Chairman. Madam Chairman, the Preamble says where it is expedient to hold a referendum. Therefore, I am asking, What is the Government’s position on the di fference between the two classes of people? Why is it expedient to hold a referendum in this case, expedient to get the view of the voters in one instance and not the other? The Premier would like to hide behind rules. But can he at least answer the question? Seeing that he did not answer the question during the general de-bate, will he at least answer it now? Why is it expedient to get the view of the voters on this particular i ssue, but on another issue he has refused to do so, even though his Government does not have a mandate?
The ChairmanChairmanThank you, Member. The Chair recognises the Premier. Hon. Michael H. Dunkley: Madam Chairman, the issue that he refers to is one that we all agree that there has to be comprehensive immigration reform. That is not an easy question to put to a referendum, even if the greatest minds …
Thank you, Member. The Chair recognises the Premier.
Hon. Michael H. Dunkley: Madam Chairman, the issue that he refers to is one that we all agree that there has to be comprehensive immigration reform. That is not an easy question to put to a referendum, even if the greatest minds of Bermuda in this House get together and think about it. This issue here is very simple for us to put forward. And that is why we are taking this approach.
The ChairmanChairmanThank you. Please proceed. The Chair recognises the Member from constituency 18.
Mr. E. David BurtI thank the Honourable Premier for his answer. The challenge is, however, that what the Government is now proposing is not comprehensive. There is a very simple question, and in the exact same way that the Government has posted a Bill for a draft and basically gone to the people …
I thank the Honourable Premier for his answer. The challenge is, however, that what the Government is now proposing is not comprehensive. There is a very simple question, and in the exact same way that the Government has posted a Bill for a draft and basically gone to the people and said, W ill you approve this draft?, can they not do something else and go to the people and say, Do you approve this draft?
Some Hon. Members Some Hon. MembersI got you! [Inaudible interjec tions and laughter]
An Hon. Member An Hon. MemberI got you, Madam Chairman. [Laughter]
An Hon. Member An Hon. MemberI got you.
Mr. E. David BurtThe Premier is saying that it is comprehensive when it is not. So if he can at least share the difference between the two classes of people, then that would probably be helpful for those persons who are listening very carefully, who do not actually understand what is the difference …
The ChairmanChairmanBut, Member, you do recognise the fact that the Bill before us is called Referendum (Same -Sex Relationships) Act 2016. So that is the topic that we are discussing within the Bill. Thank you. The Chair recognises the Premier . . . the Chair recognises the Attorney General, from constit …
But, Member, you do recognise the fact that the Bill before us is called Referendum (Same -Sex Relationships) Act 2016. So that is the topic that we are discussing within the Bill. Thank you. The Chair recognises the Premier . . . the Chair recognises the Attorney General, from constit uency 9.
Hon. Trevor G. Moniz: Yes. Thank you, Madam Chairman. We can anticipate the debate on Monday. We all agree that we need comprehensive immigration reform; that is the difference. We all agree on comprehensive immigration reform. All we disagree on is the way to go about it, some of the details. It is not possible to put that to a referendum, the question upon which we know we all agree. This question here, they are very distinct questions for the people, and they are quite straightforward questions.
The ChairmanChairmanThank you very much. Are there any other Members who would like to speak to clauses 1 through 4? The Chair recognises the Premier. Hon. Michael H. Dunkley: Thank you, Madam Chairman. If there are no more questions?
The ChairmanChairmanNo. Please proceed. Hon. Mi chael H. Dunkley: I would like to move all of the clauses, 1 through 4, and move the Preamble.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved as printed. Are there any objections to that motion? Agreed to. [Gavel] [Motion carried: Clauses 1 through 4 passed.] Hon. Michael H. Dunkley: Thank you. I move that the Bill— Bermuda House of Assembly
The ChairmanChairmanThe Preamble. Hon. Michael H. Dunkley: I just —
The ChairmanChairmanI have to do it separately. Hon. Michael H. Dunkley: Okay. I move the Preamble. The Ch airman: It has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. Michael H. Dunkley: I move that the Bill be now …
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Any objections to that motion? No objections. Agreed to. [Motion carried: The Referendum (Same- Sex Rel ationships) 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 be reported to the House as printed. Any objections to that motion? No objections. Agreed to. [Motion carried: The Referendum (Same- Sex Rel ationships) Act 2016 was considered by a Committee of the whole House and passed without amendment.]
[Pause]
House resumed at 8:53 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
REFERENDUM (SAME- SEX RELATIONSHIPS) ACT 2016
The SpeakerThe SpeakerYes, Honourable Members. The Second Reading of the Referendum (Same- Sex Relatio nships) Act 2016 has been approved. We now move to Order No. 8, which is in the name of the Minister of Economic Development. Dr. Grant Gibbons, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank …
Yes, Honourable Members. The Second Reading of the Referendum (Same- Sex Relatio nships) Act 2016 has been approved. We now move to Order No. 8, which is in the name of the Minister of Economic Development. Dr. Grant Gibbons, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitl ed the Contracts (Rights of Third Parties) Act 2016 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? Carry on, please. BILL SECOND READING CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2016 Dr. the Hon. E. Grant Gibbons: Thank yo u, Mr. Speaker. I am pleased this evening to present to this Honourable House the Contracts (Rights of Third Parties) Act 2016. This …
Are there any objections to that? Carry on, please. BILL
SECOND READING
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2016 Dr. the Hon. E. Grant Gibbons: Thank yo u, Mr. Speaker. I am pleased this evening to present to this Honourable House the Contracts (Rights of Third Parties) Act 2016. This Bill is a product of successful collaboration between the Government and the private sector, as represented by the legal f ocus group of the Bermuda Business Development Agency. It is also consistent with the Government’s overall objective of modernising Bermuda’s legislative framework. In particular, this Bill will create a new Act that will govern the creation and enforcement of rights under certain contracts. Mr. Speaker, with certain statutory exceptions, Bermuda contracts are governed by the long- standing common -law doctrine of privity of contract, which I will refer to as the “doctrine of privity ,” for the sake of convenience. The doctrine of privity provides that a contract cannot confer legally enforceable rights or i mpose obligations arising under it on any person except the parties to it. Accordingly, a person who is not a party to a contract, a third party, has no ri ght to enforce the contract or any provision thereof, regardless of the contracting parties’ intent. Even if a contract is made for the specific purpose of conferring benefits on a third party, under the doctrine of privity, such person has no right to sue to enforce the contractual obligation. Mr. Speaker, despite widespread application, the doctrine of privity has often been subject to crit icism on the basis that it interferes with and frustrates the intention of contracting parties who wish to confer legally enforceable benefits on third parties. For example, many contracts contain exclusions of liability and indemnities which purport to protect third parties. Without the ability to legally enforce those terms, however, third parties may have to depend on the ability of the contracting party to whom the obligation is owed, the promisee, to address any injuries sustained, or they may have to enter into alternative agreements to create privity of contract with the pr omisor of the obligation. Such alternat ive resolutions can add unintended costs to business arrangements. Mr. Speaker, for the sake of clarity, enactment of the proposed legislation will not abolish the doctrine of privity. Instead, this new Bill will create an exception to the doctrine of pri vity, which is in line with the pri nciple of freedom of contract, giving legal effect to the mutual agreement of the contracting parties to confer legally enforceable rights upon a third party. To ensure that the clear intent of the contrac ting parties is met, the contracting parties must opt in 1524 11 March 2016 Official Hansard Report
Bermuda House of Assembly to the scope of the Bill through expressed language in the contract. Specifically, the new legislation would allow a third party to enforce contractual rights where (a) the third party is expressly identified in th e contract by name as a member of a class or as answering a particular description; and (b) the contract expressly provides in writing that the specified third party may enforce the relevant term. Mr. Speaker, if contracting parties do not wish to avail t hemselves of the benefits of this legislation and do not opt in, the doctrine of privity will continue to apply through contractual arrangement. However, where this new Bill is invoked to govern rights granted to a third party, then such third party shall have all the rights and remedies available to enforce relevant co ntractual terms as if it was a party to the contract. Further, the new Bill (a) provides a statutory mechanism for varying or rescinding contracts to which the Bill will apply; (b) it makes available to the promisor in any action brought by a third party, any defence, set -off or counterclaim that would have been available if the action had been brought by the pr omisee; (c) it protects the promisor from double liability to both the third party and the promisee for the same obligation; (d) it extends the provision of any arbitr ation agreement between the contracting parties to the third party; and (e) it enables third parties to assign rights conferred under the contract subject to the terms of the contract. Mr. Speaker, the proposed Bill reflects the current international practice of allowing third parties to enforce contractual terms in their own right where the contracting parties opt in to the regime. A growing trend in private equity transactions is for third parties to be provided with indemnities, exculpations and other limitations on liabilities under principal agreements such as limited partnerships, subscription agreements and investment management agre ements. These third parties include company officers, directors, partners, lawyers, and other parties who provide services in connection with the transactions. Mr. Speaker, we have already taken a number of steps to grow the asset management industry in Bermuda. This includes the introduc tion of new classes of funds, changes to the laws governing com-panies and partnerships to provide more flexibility in the management of Bermuda entities, and modific ations to Bermuda’s regulatory scheme to ensure co ntinuous access to the European Union mar kets for Bermuda- based fund managers. This new Bill will provide statutory authority for the enforcement for some common provisions and agreements used within the asset management industry. In fact, during recent visits to New York law firms, prime broker s, and asset allocators, the Bermuda representatives received a clear message that New York clients want the freedom to provide enforceable rights to third parties in their contractual arrangement. This has been one of the key factors in determining whether some entities have been created in Bermuda or in a jurisdiction where third- party rights are pr otected by law. Mr. Speaker, it is worth noting that jurisdi ctions such as the United Kingdom, the Cayman I slands, Singapore, Hong Kong and the Isle of Man have substantially similar legislations to that being proposed in this Bill. Delaware legislation embraces the concept of providing with third parties with enforcement rights while such rights are also recognised under New York common law. With competitive j urisdictions having already introduced third party legisl ation, Bermuda is at a distinct disadvantage when tr ying to attract international business, specifically, pr ivate equity structures. Mr. Speaker, enactment of this proposed legislation is intended t o remove the need to find alternative solutions to protect the rights of third parties and to provide legal certainty with respect to enforcement of those rights. In addition, adoption of the Bill will, firstly, give the jurisdiction maximum flexibility to meet the growing demand of the market. Secondly, bring Bermuda in line with those jurisdictions that currently recognise the rights of third parties and third, signif icantly increase Bermuda’s attractiveness to both local and international clients seeking to protect the rights of third parties. Mr. Speaker, in closing, I would like to thank the legal focus group, the Attorney General’s Chambers, and the business development unit for their hard work in completing this important project. Thank you, Mr. Spe aker.
The SpeakerThe SpeakerThank you very much, Dr. Gibbons. The Chair will now recognise the Honourable Member from constituency 33, MP Jamahl Simmons the Shadow Minister for Economic Development.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. Mr. Speaker, w e will be supporting this legi slation. We recognise the need for Bermuda to become as adaptive as possible when it comes to attracting new business and growing the asset management industry in Bermuda is a worthy, worthy cause for us to pursue. …
Thank you, Mr. Speaker. Mr. Speaker, w e will be supporting this legi slation. We recognise the need for Bermuda to become as adaptive as possible when it comes to attracting new business and growing the asset management industry in Bermuda is a worthy, worthy cause for us to pursue. Mr. Speak er, this is, from the research that we have done, we have seen that this is (as the Minister stated) the trend among our competitors. This will allow us to be as competitive and to keep up the pace, but also I would like to see us continue to be leaders. With those brief remarks, I would like to just add that adding flexibility makes us more attractive. The keeping up with the jurisdictions that are our competitors maintains our attractiveness, and with that I would like to end my comments and go to Commi ttee, Mr. Speaker.
The SpeakerThe SpeakerThank you very much. Any other Ho nourable Member care to speak? Bermuda House of Assembly Dr. Gibbons? Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I thank the Honourable Member for his co mments and his support. Mr. Speaker, I would as k that the Bill be …
The SpeakerThe SpeakerThank you, Minister. It has been moved that the Bill be committed. Any objections to that? Deputy Speaker, would you please take the Chair [of Committee]. House in Committee at 9:03 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2016
The ChairmanChairmanThank you. Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Contracts (Rights of Third Parties) Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, …
Thank you. Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Contracts (Rights of Third Parties) Act 2016 . I call on the Minister in charge to proceed. Minister, you have the floor.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, since there seems to be support for this, I would propose that I simply move all the clauses.
The ChairmanChairmanAre there any objections? There are no objections. Please continue. Dr. the Hon. E. Grant Gibbons: I move clauses 1 through 13.
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Thank you. Madam Chairman, clause 1 provides the Bill which should be cited as the Contracts (Rights of Third Parties) Act 2016. Clause 2 is the interpretation. Clause 2 provides definitions to aid in the interpretation of the pr oposed Act. Clause …
Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you. Madam Chairman, clause 1 provides the Bill which should be cited as the Contracts (Rights of Third Parties) Act 2016. Clause 2 is the interpretation. Clause 2 provides definitions to aid in the interpretation of the pr oposed Act. Clause 3 sets forth the scope of application of this legislation and specifically, clause 3(1) states that this Act shall apply to any contract which, on or after the commencement dat e, includes terms which comply with section 4. Clause 3(2) establishes that contracts may be amended to include terms which comply with section 4. Clause 3(3) makes it clear that if a contract is amended after the Act comes into force to include terms wh ich comply with section 4, a third party may only enforce a right which accrues on or after the date on which the contract is amended. Clause 3(4) enables a third party to enforce rights conferred by terms in an existing contract which prior to the date of commencement of the Act would have been legally unenforceable in Bermuda. Under this section 3(4), if immediately before the commencement date an existing contract includes terms that satisfy the requirement of section 4, then those terms shall be deem ed to comply with section 4. However, in the case where a third party may only enforce rights that accrue on or after the commenc ement date. So the commencement date is critical here. Clause 3(5) defines “existing contract” for purposes of section 3 as a contract that was entered into prior to the commencement date. Clause 4 sets out the specific authority for a third party to have a right to enforce a term of the contract. Clause 4(1) states that a third party may enforce a term of the contract in his own right if (a) the third party is expressly identified in this contract either by name or as a member of a class or as answering a particular description and (b) the contract expressly states that the third party may enforce the relevant term. Clause 4(2) makes it clear that a third party’s right to enforce a contract term shall be subject to and in accordance with any other relevant terms of the contract. Clause 4(3) authorises the third party to avail itself of any remedy that would have been available to him in action for breach of contract if the third party had also been a party to the contract. Clause 4(4) clarifies that if a term of the contract excludes or limits liability in relation to any matter there under then reference to any third party enforc ement of this Act shall be construed as references to the third party availing itself of the exclusion or limit ation. Clause 5, Madam Chairman, which is the variation and rescission of contract. In sections 5(1) and 5(2), these sections restrict the right of the parties to a contract to rescind or vary the contract by agre ement without the consent of the third party if the third party has either communicated ascent or relied on the relevant contract term. Clause 5(3) enables the restriction in subs ection (1) to be overwritten by express terms in the contract related to consent. Clauses 5(4) and 5(5) set forth the circu mstances under which the court or arbitral tribunal may 1526 11 March 2016 Official Hansard Report
Bermuda House of Assembly authorise the variation or rescission of the contract without the third part y’s consent. Clause 5(6) gives the court or arbitral tribunal the power to impose such condition as it thinks fit. In any case where relief has been afforded in accor-dance with subsections (4) or (5). Clause 6—Defences. Clause 6 relates to claims brought by a third party. Clause 6(1) provides for defences, set -offs, and counterclaims available in any action for en-forcement brought by a third party under section 4. Specifically, the contracting party (in this case the promisor) may assert by way of defenc e or set -off the following. Firstly, under clause 6(2) any matter that arises out of or in connection with the contract and is relevant to the term being enforced and would have been available if the action had been brought by the promisee. Under clause 6(3) any matter that is expressly made available to the promisor in the contract and would have been available to the promisor in any action by the promisee. Clause 6(4) enables the promisor to assert any defence, set -off, or counterclaim that would have been available if the third party had party to the contract. Clause 6(5) makes the availability of any d efence, set -off, or counterclaim subject to any express term of the contract to the contrary. Clause 6(6) restricts a third party’s ability to enforc e a contract term if a third party could not have done so had it been a party to the contract. Clause 7 makes it clear that the right of a promisee to enforce any term of the contract is unaffected by any third party’s right of enforcement under section 4. Clause 8 protects the promisor from any i mposition of double liability in relation to any claim brought by a third party. If the promisor has already made a payment to the promisee in relation to the right enforceable by the third party, then the court shall reduce any award to the third party as appropr iate to count for the sum recovered by the promisee. Clause 9— Exceptions. Clause 9 sets forth specific classes of contracts that are exempt from any right of enforcement conferred in accordance with section 4. Third parties shall have no rights enforc ement under section 4 in the case of the following co ntracts. Under clause 9(1), any contract on a bill of exchange, promissory note, or other negotiable i nstrument. Under clause 9(2), any company’s memorandum of association or by -laws in accordance with section 16 of the Companies Act 1981 . Under clause 9(3), any contract of emplo yment against an employee. As detailed in clause 9(4) and 9(5), specified contracts for the carriage of goods or letters of c redit. Madam Chairman, clause 10 includes su pplementary provisions relating to third parties under this Act. Clause 10(1) preserves any of the rights or remedies of third parties and in addition to that pr ovided in this Act. Clause 10(2) clarifies that sections 7 and 10 of the Limitation Act 1984, apply as the case may be to any action brought by a third party in reliance on section 4 of this Act. Clause 10(3) specifies the circumstances in which a third party may be treated as a party to the contract . Clause 11— Arbitration Revisions. Clause 11 enables the third party to be treated as a party to the arbitration agreement made by the parties to the contract in cases where either (1) the right to enforce the term in accordance with section 4 is subject to an arbitration agreement or (2) the term of the contract conferring the right of enforcement is subject to the arbitration agreement. Clause 12 governs assignment of third party’s rights under a contract conferred in accordance with section 4. Clause 12(1) provides the third may assign any right which is enforceable by the third party in the same way as a party to the contract. Clause 12(2) states that 12(1) does not apply if the contract expressly provides otherwise or on proper construction of the contract those rights are not intended to be assignable. Finally, Madam Chairman, clause 13 authorises the Minister to make regulations as are necessary to give effect to the provisions of the Act. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any Members that would like to speak to clauses 1 through 13? There are no Members. Minister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I am moving clauses 1 through 13.
The ChairmanChairmanIt has moved th at clauses 1 through 13 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 13 passed.] Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman, I move the Preamble. Bermuda House of Assembly
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Dr. the Hon. E. Grant Gibbons: Madam Chairman, I move the Bill be reported to the House.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Contracts (Rights of Third Parties) Act 2016 was considered by a Committee of the whole House and passed without amendment.] House …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to.
[Gavel] [Motion carried: The Contracts (Rights of Third Parties) Act 2016 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 9:14 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2016
The SpeakerThe SpeakerMembers, the second reading of the Contracts (Rights of Third Par ties) Act 2016 has been approved. We now move to Order No. 9 in the name of the Minister of Health, Seniors and the Environment, the Health Insurance Amendment Act 2016. The Chair will recognise the Minister. Hon. Jeanne …
Members, the second reading of the Contracts (Rights of Third Par ties) Act 2016 has been approved. We now move to Order No. 9 in the name of the Minister of Health, Seniors and the Environment, the Health Insurance Amendment Act 2016. The Chair will recognise the Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, I move that the Bill entitled the Health Insurance Amendment Act 2016 be now read the second time.
The SpeakerThe SpeakerAny objections? Carry on. BILL SECOND READING HEALTH INSURANCE AMENDMENT ACT 2016 Hon. Jeanne J. Atherden: Mr. Speaker, it is with pleasure that I bring to this Honourable House today the Health Insurance Amendment Act 2016. It brings me genuine pleasure because it is the first time in many years …
Any objections? Carry on.
BILL
SECOND READING
HEALTH INSURANCE AMENDMENT ACT 2016
Hon. Jeanne J. Atherden: Mr. Speaker, it is with pleasure that I bring to this Honourable House today the Health Insurance Amendment Act 2016. It brings me genuine pleasure because it is the first time in many years that we are able to bring a Bill that does not raise health insurance premiums. This Gover nment is deeply conscious of the hardships for many people caused by increases in cost of living, and my Ministry is doing everything in its power to bring relief to the people of Bermuda. Mr. Speaker, health insurance premiums are one of the factors that affect the consumer price index significantly and bite into the pocketbooks of ordinary working people, retirees, and employers. Therefore, we are pleased with green shoots indicating progress which has enabled us to stabilise premiums. This is thanks to an appropri ate reduction in utilisation and cost restrictions on fees and other factors that drive premiums. Mr. Speaker, the purpose of this Bill is to amend the Health Insurance (Standard Health Benefit) Regulations 1971 to add four new benefits under the regulat ions to enable more efficient use of health care resources, amend the Health Insurance Act 1970 , to clarify the youth subsidy age parameters, and amend the Health Insurance (Mutual Re- Insurance Fund) (Prescribed Sum) Order 2014 to insure key programmes in Bermuda’s low -cost insurance product continue to be appropriately supported. Mr. Speaker, the Standard Premium Rate (SPR) will remain at its current rate of $338.07 per month. This is the premium for the basic package of health insurance called the Standard Health Benefit (SHB). In particular, this House and the public should be aware that: 1. all employers must provide this cover for their employees and non- employed spouses; and 2. Government subsidies SHB coverage for chi ldren at 100 per cent, for indigent per sons at 100 per cent, and for seniors at 70 per cent if aged 65 to 74, and 80 per cent if aged 75 and older. The premium for this minimum package is called the Standard Premium Rate (SPR) and is comprised of a Standard Health Benefit (SHB) component and a Mutual Re- insurance Fund (MRF) component. The SHB covers the cost of benefits under public or private plans and the MRF provides transfers to key programmes to support coverage and regulation. Mr. Speaker, annually the Bermuda Health Council presents to the Ministry of Health, Seniors and Environment the actuarial review of the SHB and MRF prepared by consultant actuaries Morneau Shepell to recommend the SPR for the upcoming year. The SPR is calculated on the basis of all health insurers claims, experience, projected changes in fees and utilisation, and any benefit changes. In 2015, the Health Council undertook a r eview of the coverage under SHB and recommended benefit changes to incentivise more appropriate use of health care resources. These were pric ed by the Council’s actuaries and are aimed at enhancing the 1528 11 March 2016 Official Hansard Report
Bermuda House of Assembly quality of care. The outcome of the reviews resulted in the SPR remaining at the current rate of $338.07 —no changes from 2015/16. However, there was a shift of $6.98 from the MRF to the SHB component due to changes described above such as the SHB compo-nent will decrease from $274.33 to $267.35 and the MRF component will increase from $63.74 to $70.72.
Standard Health Benefits —SHB Component
Hon. Jeanne J. Atherden: Mr. Speaker, utilisation of SHB has decreased given prior years’ benefits rev isions and BHB modernisation initiatives, improved utilisation management, implementation of pr ogrammes focused on chronic diseases, and reduced population. This has been the most material contrib ution to prem ium stabilisation. In this context, we seek to introduce four new Standard Health Benefits to i mprove care quality for chronic conditions in order to reduce total health spending through future cost avoidance. The cost of these four benefits will add $0.9 8 to the SBR. They are: a) Zio Patch, a de novo implantation of a perm anent cardiac defibrillator for prevention of pr imary and secondary sudden cardiac death. Effectively this service involves placing a de-vice on an individual’s chest to constantly r ecord the heartbeats and diagnose heart condi-tions. b) Peripheral artery disease programme which is the creation of the Centre for Vascular Di sease to diagnose and treat the disease and its complications including amputations. c) High risk foot podiatry programme. This will be a six -month trial clinic operating three or four days per week providing services by a podiatrist neuropathist for medically eligible patients. d) Plasma exchange. Use of a Prismaflex ® machine within the hospital to extract the plasma from the blood and replace it with plasma from a donor or plasma substitute. It is vitally i mportant in acute events when proteins may be attacking organs.
Mr. Speaker, this year the only change being made to the BHB fees which impact the SPR annually is the BHB room rates on select wards which will be harmonised into a single rate. There will be no other fee increases for BHB this year. This change results in an increase to SPR of $1.50 which is offset by other changes.
Subsidy and Mutual Re -Insurance Fund Comp onents
Hon. Jeanne J. Atherden: Mr. Speaker, the Mutual Re-Insurance Fund (MRF) requires premiums to be seeded by insurance persons in order to rebalance the cream, skimming, and adverse selection caused by the existing structure of the Health Insurance Act 1970. This current structure results in most bad risk in the health system being borne by my Ministry’s low - cost public plans (HIP) and FutureCare. The MRF has been structured to provide necessary additional funding to absorb a greater propor-tion of the ri sk associated with high- risk populations. Given the coverage and fee changes the total MRF transfer will increase by $6.98 from $63.74 to $70.72 per insured person per month. As indicated prev iously, this is offset by an equal reduction in the SHB component so the shift is cost neutral to the Standard Premium Rate. Mr. Speaker, it is important for the transfers to be understood.
HIP Transfer
Hon. Jeanne J. Atherden: The HIP claims exper ience is severely compromised by the risk it absorbs as the carrier of some high- risk populations. Annual capital injections support the plan to help keep the HIP premiums affordable for a population whose health status and consequent claims experience ex-ceeds the SPR. This House should note that this is particularly so for financial assistance clients whose HIP claims are approximately 400 per cent higher than the other HIP clients. The MRF transfer to HIP will be increased from $14.00 to $25.00 per month. The $11.00 increase is offset by other MRF de-creases.
FutureCare Tr ansfer
Hon. Jeanne J. Atherden: The FutureCare claims experience accounts for the risk absorbed by Go vernment for the senior population. Annual capital i njections support the plan to keep the FutureCare pr emiums affordable for a population whose health st atus and financial ability are often compromised. The patents of need and utilisation in financial assistance clients are also significantly higher. To support these key factors the MRF already transferred to FutureCare of $14.00 which will remain in the upcoming year.
Health Council Transfer
Hon. Jeanne J. Atherden: Currently, the Council r eceives $1.00 per insured monthly to help fund oper ations. To reduce the burden of the Consolidated Fund in anticipation of additional resources needed to i mplement health financing reform and regulate health care businesses, the transfer will increase by a modest $0.09.
Bermuda House of Assembly BHB Transfer
Hon. Jeanne J. Atherden: With the opening of the new acute care wing there was a need for additional support to help fund operations and as a part of BHB sustainability plan. Due to the harmonisation of the BHB room rates noted above the transfer to BHB will be decreased from $23.64 to $16.40. The $7.24 r eduction is offset by other increases reflecting in a new transfer to the subsidy budget, namely, Subsidy Budgeted Transfer. To support the subsidy pr ogramme, in light of costs related to the new Standard Health Benefit Services and room harmonisation, a transfer will be made to the Health Insurance Depar tment. This results in an increase to SPR of $7.53 which is offset by other decreases to the SPR which can remain unchanged. Mr. Speaker, all of these changes will be detailed in the actuarial review published by the Bermuda Health Council in the coming months. Honourable colleagues and t he public will be aware that all such actuarial reviews are published annually and are available on their website at www.bhec.b m. Mr. Speaker, the detailed changes being made have enabled the Standard Premium Rate to remain stable for the upcoming fiscal year. However, as the SPR is only a portion of the total premiums paid by the public, what we also need to see is stabil isatio n in the full premium amounts. I am encouraged by the discussions with the CEOs of some private health insurance companies indicating positive rece ption and indeed, as announced earlier this week during the budget debate, my Ministry is leading by example as both HIP and FutureCare premiums will r emain unchanged this year.
Youth Subsidy Eligibility
Hon. Jeanne J. Atherden: Mr. Speaker, lastly the final change introduced by this Bill pertains to an i mprovement to clarify youth subsidy coverage. The question of youth subsidy eligibility arose when in its due diligence licensing health insurers, the Health Council discovered anomalies in MRF payments with respect to youth dependents. This was largely due to the Act defining the parameters for youth subsidy el igibility as being any resident child under school - leaving age and any resident person over school - leaving age and under the age of 21 who is a full -time student in Bermuda. It emerged that youth residents in full-time educational enrolment have not been c onsistently tracked resulting in anomalies in claims reports and premiums. To clarify the legislation, it has been agreed that the Health Insurance Act 1970 would be amended to set the limit of youth subsidy to age 18 inclusive rather than of persons of sc hool-leaving age. This is consistent with the Age of Majority Act . Mr. Speaker, this clarification of youth subsidy parameters will retain existing subs idy coverage and will be administratively less cumbersome. With r espect to youths older than 18 engaged in full -time e mployment, section 2(1)(e) and (38) of the Act already provides for resident students aged up to 21 to be el igible for youth subsidy cover age. This will continue to be the case. This brings my overview of the Bill to a close, Mr. Speaker. To summarise on the basis of the new SHB benefits utilisations, reductions, shifts in MRF transfers, and harmonising hospital ward rates, the actuary recommendation for 2016/17 SPR will remain stable at $338.07 Mr. Speaker, I hereby introduce the Health Insurance Amendment Act 2016 to this Honourable House on behalf of the Ministry of Health, Seniors and Environment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 16, Shadow Minister of Health, Comm unity and Sports, MP Weeks. You have the floor.
Mr. Michael A. WeeksThank you, Mr. Speaker. Generally, I agree with the changes in the amendments to this Bill. I do have one question through, Mr. Speaker, and the Minister and I have talked, but she can clarify more. My only issue, Mr. Speaker, is that in [clause] 5 (a)(i) and (ii) which …
Thank you, Mr. Speaker. Generally, I agree with the changes in the amendments to this Bill. I do have one question through, Mr. Speaker, and the Minister and I have talked, but she can clarify more. My only issue, Mr. Speaker, is that in [clause] 5 (a)(i) and (ii) which says that [clause] 5(a)(ii) (xxxix) and (xl), it specifically names the BHB as a provider. What my issue is in naming the BHB specifically as the provider it kind of makes that an anti -competition stance. My suggestion, Mr. Speaker, would be can we change the line from Bermuda Hospital Board in those two paragraphs —
The SpeakerThe SpeakerYes, we can do that. We can do that when we go into Committee.
Mr. Michael A. WeeksYes, so generally, there is nothing else to report and I agree with it.
The SpeakerThe SpeakerFine. Thank you. Any other Honourable Member care to speak? Then, Minister, please— 1530 11 March 2016 Official Hansard Report Bermuda House of Assembly Hon. Jeanne J. Atherden: Mr. Speaker, I move clauses 1 through 3.
The SpeakerThe SpeakerHonourable Member, you have to move to commit — Hon. Jeanne J. Atherden: Sorry, I move that the Bill be committed. Sorry, Mr. Speaker.
The SpeakerThe SpeakerAny objections to that? There are none. Deputy Speaker, please take the Chair [of Committee]. House in Committee at 9:30 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL HEALTH INSURANCE AMENDMENT ACT 2016
The ChairmanChairmanHonourable Members, we are now in Committe e of whole [House] for further consideration of the Bill entitled Health Insurance Amendment Act 2016. I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Jeanne J. Atherden: Thank you, Madam Chairman. Madam Chairman, I move clauses …
The ChairmanChairmanIt has been moved that we move clauses 1 through 3. Any objections to that motion? No obj ections. Please proceed. Hon. Jeanne J. Atherden: This Bill seeks to amend the Health Insurance Act 1970, the Health Insurance (Standard Health Benefit) Regulations 1971, and the Health Insurance (Mutual Re- Insurance …
It has been moved that we move clauses 1 through 3. Any objections to that motion? No obj ections. Please proceed. Hon. Jeanne J. Atherden: This Bill seeks to amend the Health Insurance Act 1970, the Health Insurance (Standard Health Benefit) Regulations 1971, and the Health Insurance (Mutual Re- Insurance Fund) (Pr escribed Sum) Order 2014. Madam Chairman, by moving clauses 1 through 3, I am going to deal with the general matters and new subsidy coverage. Clause 1 is self -explanatory. It cites the name of the Act. Clause 2 amends the definition of “child” in section 1(1) the Health Insurance Act 1970 to clarify the age by deleting the reference to “school leaving age” and replacing it with “under the age of 19”. Clause 3 amends section 2(1)(e) of the Health Insurance Act 1970, deleting the reference to “over school -leaving age and under th e age of twenty -one years” and substituting a reference to a person who has attained the age of 19 but is not yet 21 [sic].
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 3? The Chair recognises the Member fr om co nstituency 16, Mr. M. A. Weeks. You have the floor.
Mr. Michael A. WeeksThank you, Madam Chai rman. I agree with these three amendments, but I am just curious on one thing. Minister, this does not affect overseas st udents who are in university, c orrect? As it stands now, students overseas at university, they are covered to the age of 26. So …
Thank you, Madam Chai rman. I agree with these three amendments, but I am just curious on one thing. Minister, this does not affect overseas st udents who are in university, c orrect? As it stands now, students overseas at university, they are covered to the age of 26. So I am just asking, does this just refer to local students?
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. Jeanne J. Atherden: The way that t he Act was set up it does not deal with children overseas. The only change was that . . . originally it was just up to age 18 and then if you went to school …
Thank you. The Chair recognises the Minister. Hon. Jeanne J. Atherden: The way that t he Act was set up it does not deal with children overseas. The only change was that . . . originally it was just up to age 18 and then if you went to school in Bermuda you were able to be covered by the Act. If you want other types of coverage, then you have to take up additional insurance.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 3? The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksI probably did not say it correctly, but mos t of us . . . we all have had children overseas. My children who left Bermuda and went to university remained on my insurance until they turned 26. So what I am asking clearly does this — [Inaudible interjection]
Mr. Michael A. WeeksThe insurance that I had. But now, it may be clear now, Honourable Minister, because I did have an insurance different from GHI prior to becoming an MP. So I think that probably clears it up. As it stands, GHI does not insure a student over-seas after the age of …
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. Jeanne J. Atherden: I think, Madam Chairman, what I need to clarify is that the Standard Health Benefit, which is what we are talking about here, deals with coverage for services which an individual child or their parents could avail themselves of …
Thank you. The Chair recognises the Minister.
Hon. Jeanne J. Atherden: I think, Madam Chairman, what I need to clarify is that the Standard Health Benefit, which is what we are talking about here, deals with coverage for services which an individual child or their parents could avail themselves of and with r espect to children the benefit was originally up to . . . it said school -leaving age, and now we have turned around and said up to 18. Then on top of it there was an exception that was made that if you were in school
Bermuda House of Assembly in Bermuda, you could have the coverage extended to be covered by Standard Health Benefit. Now, if parents want to avail themselves of additional insurance for their children who are in school that was som ething that was taken out with private insurers. That is not under standard health care.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 3? There are no other Members. Minister? Hon. Jeanne J. Atherden : I move that clauses 1 through 3 be approved as printed.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 3 passed.]
The ChairmanChairmanMinister, please proceed. Hon. Jeanne J. Atherden: Madam Chairman, I would like to now move clauses 4 through 7 which is concerning the MRF and the effective date.
The ChairmanChairmanMember, I do believe that I heard that you might be making an amendment to clause 5. Is that what you are planning to do my moving that? Are there any objections to moving clauses 4 through 7? No? Minister, please proceed. Hon. Jeanne J. Atherden: Clause 4 amends section …
Member, I do believe that I heard that you might be making an amendment to clause 5. Is that what you are planning to do my moving that? Are there any objections to moving clauses 4 through 7? No? Minister, please proceed. Hon. Jeanne J. Atherden: Clause 4 amends section 3A of the Health Insurance Act 1970 to provide that the Minister may prescribe payments to be made from the Mutual Re- Insurance Fund to the Consolidated Fund to cover subsidy payments under section 2. Clause 5 amends the Health Insurance (Standard Health Benefit) Regulations 1971 to add four new Standard Health Benefits, and to increase the Mutual Re- Insurance Fund component of the standard premium. But the standard premium remains the same. Clause 6 amends the Health Insurance (Mutual Re- Insurance Fund) (Prescribed Sum) Order 2014 to i ncrease the amount paid to the Health Insurance Fund and the Bermuda Health Council, d ecrease the amount paid to the Bermuda Hospitals Board, and prescribe an amount to be paid to the Consolidated Fund (to cover subsidy payments). Clause 7 is self -explanatory.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 4 through 7? The Chair recognises the Member from constituency 16. You have the floor.
Mr. Michael A. WeeksThank you, Madam Chai rman, and I think you were right. I would like to see an amendment, but I will try to convince the Minister. The only issue I have is in clause 5, Madam Chairman. In [clause] 5 (I think it is 39; I am not too sure …
Thank you, Madam Chai rman, and I think you were right. I would like to see an amendment, but I will try to convince the Minister. The only issue I have is in clause 5, Madam Chairman. In [clause] 5 (I think it is 39; I am not too sure of my [Latin characters]). Clause 5 [(a)(ii)] (xxxix) it says the extended period ambulatory cardiac rhythm monitoring device provided by the Bermuda Hospitals Board; and in [paragraph] (xl) expanded duplex ultr asound screening for peripheral artery disease pr ovided by the Bermuda Hospitals Board. Having just the Bermuda Hospit als Board to me, Madam Chairman, almost locks out any other competition. I am merely suggesting that the last cou-ple of words be put “provided by any licensed and qualified provider” because otherwise it only seems that only the Bermuda Hospitals Board can provide the services. I am asking the Honourable Minister if she can consider just changing those few words that it would not seem so anti -competition because as it says here no other business in Bermuda, no other health care service in Bermuda can provi de these services. I stand to disagree.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. Jeanne J. Atherden: Madam Chairman, as I indicated initially to the Shadow Minister and I appr eciate him raising the question again because he wanted to make sure that I heard him and I wanted to make sure that —not just …
Thank you, Member. The Chair recognises the Minister.
Hon. Jeanne J. Atherden: Madam Chairman, as I indicated initially to the Shadow Minister and I appr eciate him raising the question again because he wanted to make sure that I heard him and I wanted to make sure that —not just for his benefit but for the benefit of anybody that is out there—that I clarify this. This year, providers were invited to submit services that they believed would benefit the comm unity in terms of either issues that were affecting their healthcare or things that they believed could improve the health care or the utilisation. The Health Council itself actually reviewed some 21 new services and then they evaluated them on the b asis of prioritisation, things that could have significant effect, what things would affect in terms of cost to the system, and these four were recommended. Once they are recommended, then they are actuarially priced. I think the thing that we have to make everybody understand is that when we price the Standard Health Benefit we have to try and gauge how many people are going to use it and what the claims experience will be and the effect on the pr emium. So right now these have been priced since the other people had the opportunity to render services, 1532 11 March 2016 Official Hansard Report
Bermuda House of Assembly the next time we are looking at new services that will occur. But during this next year what will happen is that the people who have the ability to provide the services, they will do them and we will be looki ng at the claims experience, we will be looking at (more i mportantly) the benefits to the population. If for some reason there is an indication that perhaps, as I said to you, the service should grow, then somebody else can turn around and decide whether t hey would like to submit another request to have a new service. But the most important thing is that the services have been evaluated and they are actuarially priced, because the last thing that we would want is to put services in place which are going to have a problem with respect to the numbers of people out there, and then you are going to not have the benefit to the patient. Right now the Health Council gets to vet them and then we monitor the utilisation, but we make sure that it is priced.
The Cha irman: Thank you, are there any other Members that would like to speak to clauses 4 through 7? The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksSo for clarity, Madam Chai rman . . . Madam Minister, are you saying that the Bermuda Health Council canvassed all the medical services in Bermuda and, as such, no other medical service can provide the cardiac rhythm monitoring device or ultrasound screening for peripheral artery disease? I kind of …
So for clarity, Madam Chai rman . . . Madam Minister, are you saying that the Bermuda Health Council canvassed all the medical services in Bermuda and, as such, no other medical service can provide the cardiac rhythm monitoring device or ultrasound screening for peripheral artery disease? I kind of feel that that is a big stretch saying that only the Bermuda Hospitals Board can perform those services. If we are going to say that we are going to come back next year and change it . . . because I know that once the Bermuda Health Council checks all the medical offices in Bermuda and see what services they render, I am sure the Minister and the Bermuda Health Council will find that not only the Bermuda Hospitals Board offered these services. In the interest in fair competition, all I am saying is . . . just change it from Bermuda Hospitals Board to any qual ified and licensed provider, and if the Bermuda Health Council does not find any licensed or qualified pr ovider, then obviously nobody else would get the bus iness. I stand here to really question whether or not there are no other licensed or qualified providers that can perform these services. That is all I am saying. Just put that little caveat in there. Whether or not it is come back here again next year to go through an exercise because you will come back and say, Okay, we have found another licensed and qualified provider . Just put that in there just in case.
The ChairmanChairmanThank you, Member. Are there any Members that would like to speak to clauses 4 through 7? The Chair recognises the Minister. Hon. Jeanne J. Atherden: I think, Madam Chairman, perhaps I should clarify this. It is not like the Health Council is out there saying, We really need to …
Thank you, Member. Are there any Members that would like to speak to clauses 4 through 7? The Chair recognises the Minister. Hon. Jeanne J. Atherden: I think, Madam Chairman, perhaps I should clarify this. It is not like the Health Council is out there saying, We really need to go out and make sure that we want to have as many services, et cetera, as we can have in Bermuda, and therefore they are going out looking f or people to say who is out there and who wants to come up with ser-vices. The Bermuda Health Council is there so that if providers see a need in the community and believe that there is a service deficiency in the community and they believe that they can c ome into the environment and decide to be that provider and they have to demonstrate to the Health Council the need, the fact that they have the requisite skills, and to show that it is something that sufficiently needed in Bermuda to warrant to adding it to the benefit. We try over time not to add tons and tons of benefits because as you can appreciate the more benefits we add after that just adds to the premium. So Standard Health Benefit is to try and keep a core of services that are deemed to be very im portant to the community. These four new ones were chosen on the basis that they gave some significant benefit and so it is not just turning around . . . it is not like the tender process. It is the providers coming forward and saying that and proving to the Health Council that there was a need for it and making sure that it should be prior itised. It is not just sort of saying that next year we are going to be coming forward to add to it. I appreciate what you are saying, but on the other side, as I say, it is not one of those where you are just going out . . . it is coming from the need in the community and these four were prioritised over some16 others to say that they do benefit and should be added.
The ChairmanChairmanThank you, Minister. The Chair recogni ses the Member from constituency 16.
Mr. Michael A. WeeksThank you, Madam Chai rman. I am going to try and explain this in a different way because I am not suggesting that we add any other benefit. I am not suggesting that we add any other service. I am simply saying that of these four services that we have …
Thank you, Madam Chai rman. I am going to try and explain this in a different way because I am not suggesting that we add any other benefit. I am not suggesting that we add any other service. I am simply saying that of these four services that we have here, two of the services are almost anti -competition. All I am saying is . . . is the Minister saying that the Bermuda Health Council has made it clear that only the Bermuda Hospitals Board has the c urrent ability to provide the services that are before us? It is a simple question. Yes or no? If the answer is no, then I am simply saying let us change this here and make it for any licensed and
Bermuda House of Assembly qualified provider. I am not asking . . . I must stress, I am not asking for any additional standard health bene fits. I am just saying open it up to competition because competition is healthy.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. [Pause] Hon. Jeanne J. Atherden: I am just looking. I need to clarify something here. [Pause] Hon. Jeanne J. Atherden: I think the point I need to clarify is the fact that the Bermuda Health Council . . . its aim is …
Thank you, Member. The Chair recognises the Minister.
[Pause] Hon. Jeanne J. Atherden: I am just looking. I need to clarify something here.
[Pause] Hon. Jeanne J. Atherden: I think the point I need to clarify is the fact that the Bermuda Health Council . . . its aim is not to talk about trying to, it is supposed to provide essential services. If you flip it over, the opp osite side of it is that they are trying to make sure that there is not a glut of services such that the health care system is not sustainable. They are not trying to be anti-competitive, but on the other hand they are trying to look what ser vices need to be provided to the community and making sure that you do not have too many people in a certain area. It is more or less looking at essential services as opposed to trying to be going against competition. So they have to look at the fact that a service has been there. There is a need and in the current time it will continue to establish and examine how much of the need is being managed by the existing person that has been tasked to provide it at the current time. I cannot say to you whether at the end of next year they will come around and say, Hey, with the services that are there, there is no need for anything further . I ca nnot answer that. The Health Council has to look at providing essential services and that is what it is all about. It is not about trying to be anti -competition.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 4 through 7? The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksThank you, Madam Chai rman. I am going t o say it one more time in a different way. Dr. Weeks has a medical practise and Dr. Weeks’ medical practise has the ability to provide an ambulatory cardiac rhythm monitoring device. Also say that Dr. Weeks has the ability to …
Thank you, Madam Chai rman. I am going t o say it one more time in a different way. Dr. Weeks has a medical practise and Dr. Weeks’ medical practise has the ability to provide an ambulatory cardiac rhythm monitoring device. Also say that Dr. Weeks has the ability to use ultrasound screening for peripheral artery disease. As this Bill is written, Dr. Weeks —in spite of me being licensed and qualified —will not be able to provide these services. All I am simply saying is, why is it that this is only providing these services to be performed by the Bermuda Hospitals Board when Dr. Weeks also has the ability to provide these services? If I am not allowed to provide these services, then simply (in my opinion) that is anti -competition, Madam Chairman. That is all I am saying. Before I take my seat, a direct question: Does the Minister feel that the Bermuda Hospitals Board are the only ones that provide these services?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. Jeanne J. Atherden: I am just looking at the—
The ChairmanChairmanTake your time and then put your m icrophone on please, but take your time. [Pause]
The ChairmanChairmanThe Chair recognises the Minister. Hon. Jeanne J. Atherden: Sorry. To answer future Dr. Weeks’ question, you actually could apply to the service. Let us put it right now. The service is in place and BHB is the one that can provide it. If over time, in the next year …
The Chair recognises the Minister.
Hon. Jeanne J. Atherden: Sorry. To answer future Dr. Weeks’ question, you actually could apply to the service. Let us put it right now. The service is in place and BHB is the one that can provide it. If over time, in the next year or so, you believe that you can render the service, or if you decide that you might be interested in going into the service, you can apply to be added to the service. At that point in time, the Health Council would have to be looking at the volume and they would have to be looking at the service needs, because the bottom line is to try and turn around and make sure that we make the system sustainable, get enough people in there that can deal with the service requirements. As I said, if in the future you believe that you would like to enter that then you can reach out to the Health Council and ask to be added as a provider. At that point in time it wou ld all be looked at to see whether you have the expertise to be able to enter into it and then we would be able to look at what the capacity is in the system.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 4 through 7? The Chair recognises the Member from constituency 16. You have the floor.
Mr. Michael A. WeeksThank you, Madam Chai rman. I am not going to beat this horse any longer. I am simply saying that as a qualified provider and, again, Dr. Weeks’ business and Ms. Pamplin comes into my business and I have the ability to provide the service that she needs. As this …
Thank you, Madam Chai rman. I am not going to beat this horse any longer. I am simply saying that as a qualified provider and, again, Dr. Weeks’ business and Ms. Pamplin comes into my business and I have the ability to provide the service that she needs. As this stands, I cannot pr ovide that service. She has to go to Bermuda Hospitals Board. I see something wrong with that. I have said it in a lot of different ways and I do not know how many other ways I can say it, but I see something wrong with that picture. 1534 11 March 2016 Official Hansard Report
Bermuda House of Assembly
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. Jeanne J. Atherden: I can only try to say it in different ways in t he sense that as it stands right now with respect to standard health benefit and what is covered, okay, I think that the point . . …
Thank you, Member. The Chair recognises the Minister.
Hon. Jeanne J. Atherden: I can only try to say it in different ways in t he sense that as it stands right now with respect to standard health benefit and what is covered, okay, I think that the point . . . anybody can provide a service, right? Dr. Weeks you can provide the service; but as it stands right now going forward the B HB, when they provide [the service], that would be covered under standard health benefits. The reason it would be covered under standard health benefits is because it has been actuarially priced. The actuary has been able to anticipate how many people will need the service and make sure that sufficient premiums have been collected for the service. If you, Dr. Weeks, decide that you want to provide the service, your patients will have two choices. One, they can go to the hospital and be co vered under standard health benefit, which means that your patients will get it and it will be covered under insurance, or your patients can come to you and they can get the service, but it will not be covered under standard health benefits. But they can get the service from you. If after that you believe that there is sufficient demand for it, then you can then apply to the Health Council to be added as someone to the service. If the system can support it . . . because as I said to you it is the actuarial pricing to make s ure that, based on the need, sufficient premiums have been collected.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 4 through 7? The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksThank you, Madam Chai rman. So for clarity then, the standard health benefit is not a benefit that is provided to all medical practiti oners in Bermuda.
The ChairmanChairmanTo hear the answer to that the Chair recognises the Minister. Hon. Jeanne J. Atherden: I think we need to clarify that the standard health benefits are a stack of services that (if you will) we say are all covered under what we call the standard package. I will remind …
To hear the answer to that the Chair recognises the Minister.
Hon. Jeanne J. Atherden: I think we need to clarify that the standard health benefits are a stack of services that (if you will) we say are all covered under what we call the standard package. I will remind you . . . remember, before it used to be the standard hospital benefit and if you did not do anything in the hospital then it was not covered. We added services outside of the hospital and then it became standard health benefit. Not every service that everybody goes to the doctor for in Bermuda is covered under standard health benef its. There is a listing of things which are covered under standard health benefits. Other things you can go to your doctor for and that is why you have major medical and all those other things because those services you can go and you can have them, and depending on the type of insurance you have, it is covered. But the standard health benefit is a core of services that we believe are essential and they have been priced on the basis of that core. Not everything that happens in Bermuda is standard health be nefit.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 4 through 7? The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksThank you, Madam Chai rman, and thank you, Madam Minister for that explan ation. But for clarity, I am not asking about ever ything that is under the standard health benefit. I was particularly asking about these particular services. Does the standard health benefit cover for a private medical doctor …
Thank you, Madam Chai rman, and thank you, Madam Minister for that explan ation. But for clarity, I am not asking about ever ything that is under the standard health benefit. I was particularly asking about these particular services. Does the standard health benefit cover for a private medical doctor [providing] ambulatory c ardiac rhythm and ultrasound screening? That is all I am saying.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. Jeanne J. Atherden: As I indicated, these four additional services are covered in this way. The ambulatory cardiac rhythm monitoring device is covered provided it is put in by the Hospitals Board. The du-plex ultrasound screening for peripheral artery di sease …
Thank you, Member. The Chair recognises the Minister. Hon. Jeanne J. Atherden: As I indicated, these four additional services are covered in this way. The ambulatory cardiac rhythm monitoring device is covered provided it is put in by the Hospitals Board. The du-plex ultrasound screening for peripheral artery di sease is covered under standard health benefit pr ovided it is done at the hospital. The therapeutic plasma exchange is provided if it is done at the hospital. The podiatry services can be done in any of the locations.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 4 through 7? The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksThanks, Madam Chairman. The standard health benefit indicates that these particular services are only provided by the Bermuda Hospitals Board regardless of whether or not (if I am understanding it correctly) regardless of whether or not a private medical practise can provide the service. Who sets the standard health benefit …
Thanks, Madam Chairman. The standard health benefit indicates that these particular services are only provided by the Bermuda Hospitals Board regardless of whether or not (if I am understanding it correctly) regardless of whether or not a private medical practise can provide the service. Who sets the standard health benefit if a private medical service and a private medical practise have the ability to provide these services? Why is that not covered under the standard health benefi t?
Bermuda House of Assembly The Chairman: Thank you, Member. The Chair recognises the Minister.
Hon. Jeanne J. Atherden: Okay, as I indicated to you before, BHB were the ones that came forward and presented the benefit. They identified the need and they identified a way in whic h the need could be met. The need and their ability to meet it was vetted by the Council which believed that it should be covered u nder the standard health benefit. As I said to you earlier, if during the year you, Dr. Weeks, come along . . . they have a registration process. The Council has a registration process that vets providers. You as a provider believe that you also could do that, then you can turn around and make representation to have yourself covered and at that point in time you will be added to the list of individuals who are covered. The most important thing that I should stress is added to the list because it is not one of those things where you just want to say that everybody can turn around and say, I am going to go into this tomorrow. It has to have some measure of vetting because it has to be actuarially priced and you want to make sure that we have enough people in the system to manage the demands that the system has.
The ChairmanChairmanAre there any other Members that would like to speak to clauses 4 through 7? There are no other Members. Minister? Hon. Jeanne J. Atherden: Sorry, Madam Chairman. I would like to move that clauses 4 through 7—
An Hon. Member An Hon. MemberTurn your microphone on. Hon. Jeanne J. Atherden: I would like to move that clauses 4 through 7 be approved as printed.
The ChairmanChairmanThank you. It has been moved that clauses 4 through 7 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 7 through 7 passed.] Hon. Jeanne J. Atherden: Madam Chairman, I would like to move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. Jeanne J. Atherden: I would like t o move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Health Insur ance Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] [Pause] House …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: The Health Insur ance Amendment Act 2016 was considered by a Committee of the whole House and passed without amendment.] [Pause]
House resumed at 10:00 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
HEALTH INSURNACE AMENDMENT ACT 2016
The SpeakerThe SpeakerThank you, Honourable Members. The second reading of the Health Insurance Amendment Act 2016 has been approved. We move now to Order No. 10 which is carried over, Order No. 11 is carried over. Order No. 12 is carried over. All the Government —carried over?
The SpeakerThe SpeakerSo all the motions are carried over? Then, the Chair will recognise first the Honourable Minister for National Security. SUSPENSION OF STANDING ORDER 21 Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Bill …
So all the motions are carried over? Then, the Chair will recognise first the Honourable Minister for National Security.
SUSPENSION OF STANDING ORDER 21 Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Bill ent itled Referendum (Same Sex Relationships) Act 2016 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? Carry on. [Motion carried: Standing Order 21 suspended.] 1536 11 March 2016 Official Hansard Report Bermuda House of Assembly BILL THIRD READING REFERENDUM (SAME SEX RELATIONSHIPS) ACT 2016 Hon. Michael H. Dunkley: The Referendum (Same Sex Relationships) Act 2016—I move that the Bill do …
The SpeakerThe SpeakerAny objections? The Bill is passed. [Motion carried: The Referendum (Same Sex Rel ationships) Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerMinister of Finance? SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Government Loans Amendment Act 2016 be read a third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? Carry on. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING GOVERNMENT LOANS AMENDMENT ACT 2016 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that the Bill do pass.
The SpeakerThe SpeakerThank you. Any objections? The Bill is passed. [Motion carried: The Government Loans Amendment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will recognise the Minister for Economic Development. SUSPENSION OF STANDING ORDER 21 Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Bill ent itled Contracts (Rights of Third Parties) Act …
The Chair will recognise the Minister for Economic Development.
SUSPENSION OF STANDING ORDER 21
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Bill ent itled Contracts (Rights of Third Parties) Act 2016 be now read a third time by its title only.
The SpeakerThe SpeakerAny objections? There are none. Minister? [Motion carried: Standing Order 21 suspended.] BILL THIRD READING CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2016 Dr. the Hon. E. Grant Gibbons: Contracts (Rights of Third Parties) Act 2016—I move that the Bill do now pass.
The SpeakerThe SpeakerAny objections? The Bill is passed. [Motion carried: Contracts (Rights of Third Parties) Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will recognise the Minister for Health and Seniors. Hon. Jeanne J. Atherden: And the Environment.
The SpeakerThe SpeakerAnd the Environment . SUSPENSION OF STANDING ORDER 21 Hon. Jeanne J. Atherden: Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Bill entitled The Health Insurance Amendment Act 2016 be now read a third time by its title only. The Spe …
And the Environment .
SUSPENSION OF STANDING ORDER 21
Hon. Jeanne J. Atherden: Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Bill entitled The Health Insurance Amendment Act 2016 be now read a third time by its title only.
The Spe aker: Are there any objections? There are none.
[Motion carried: Standing Order 21 suspended.]
BILL
THIRD READING
HEALTH INSURANCE AMENDMENT ACT 2016
Hon. Jeanne J. Atherden: Health Insurance Amendment Act 2016 —I move that the Bill do now pass.
The SpeakerThe SpeakerAny objections? The Bill is passed. Thank you. [Motion carried: Health Insurance Amendment Act 2016 was read a third time and passed.] Bermuda House of Assembly The Speaker: Honourable Premier? ADJOURNMENT Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I move that we now adjourn to Monday, March 14th.
The SpeakerThe SpeakerThe Chair will recognise the Honourable Member from constituency 35, MP Dennis Lister. IMMIGRATION REFORM POLICIES Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I do not intend to be on my feet long at this moment —just to take a few moments, though, Mr. Speaker, to bring …
The Chair will recognise the Honourable Member from constituency 35, MP Dennis Lister.
IMMIGRATION REFORM POLICIES
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, I do not intend to be on my feet long at this moment —just to take a few moments, though, Mr. Speaker, to bring us through a sort of time lapse of when we were here on Monday having that historic debate, Mr. Speaker, in regard . . . and I say “historic” because it was the first t ime in our history of politics in this country that a motion was allowed to be used in that particular spot in the Order Paper, Mr. Speaker. So, historic? Yes. But time lapse from Monday to now, Mr. Speaker . . . and I think it is important that we do that. Mr. Speaker, since Monday we found ourselves with a young lady, a mother, Mr. Speaker, who has chosen to put her own health at risk because of her concern for the issue of where the country is right now in regard to the matter that had us here on that historic debate on Monday, the matter that has the country all riled up and expressing their concerns, using their powers of civil disorder to express themselves. Today we find ourselves here with thousands of people—thousands of people, Mr. Speaker — gathering on the grounds of this very House to once again express their concerns. During that same time, Mr. Speaker, we had questions put to the Premier this morning during Question Period, and the Premier r epeatedly said that he is listening, he is listening, he is listening over and over. When the questions were put to him repeatedly responded to say that he is listening, he is understanding what people are saying to him, what the voice of the community is saying. Mr. Speaker, during all of that repeated r esponse, the question was simply put to him that in light of all of that listening that he was doing, will he still steam roll ahead and put his Bill through on Mo nday? The response from the Premier, Mr. Speaker, at that time was yes. A clear yes —in spite, Mr. Speaker, of a young lady who is risking her health on these very grounds; in spite of the fact that at that very time, Mr. Speaker, there are thousands of people standing on these grounds expressing their concerns about the impact that this is going t o have on their lives as Bermudians in their own country. Mr. Speaker, I do not intend to be long. I do not intend to be long. I am on my feet at this eleventh hour, Mr. Speaker, simply to say to the Premier and his Government, we have one more day. Today is Friday, we are back on Monday. It gives us a little breathing room over the weekend. The call that I am putting out to the Premier and his colleagues, Mr. Speaker, is to use this weekend to reflect, to solemnly reflect on where we are at this moment. W e have a young lady out here who will be here continually, still. We have the members of the public who are here on their feet today who intend to be back here on Monday, Mr. Speaker. The control button for that lies in the hands of the Government. It lies in the palms of the hands of the Premier. Mr. Speaker, the call again at this eleventh hour is for the Government to go away this weekend, for the Premier to walk out of this Chamber this weekend and go home and do some serious self -reflection on where t he state of the country is. Do we need to escalate this or do we need to simmer it down? Mr. Speaker, I look at the Premier right now as the air conditioning man. He has the ability to come in here and to cool this down or to escalate it by not fixing it . He has the ability to turn the heat down or to turn it up. I think that we are at a point, Mr. Speaker, where the right thing to do at this time is to turn the heat down. So allow time to let this settle, let the temperature to go down so that the people can be at ease again, Mr. Speaker. Clearly, Mr. Speaker, you are like the rest of us. You walk around this community. You go to the grocery store. You go to the post office. You go to the gas station. I am sure that in every one of those places that you go to you are sensing the temperature of where we are and people express to you in a very strong and forceful manner the concerns that they have, or the time that we are in right now with this matter seemingly being steamrolled forward ahead by the Governm ent. Still, in spite of what has transpired in the last four days of this week with the young lady risking her life, the public coming to take its stand on these grounds, and already prepared to come back on Monday. Mr. Speaker, that can be controlled by the Government. That can be controlled, Mr. Speaker, by the Premier who holds this purely in the palm of his hand. The problem is the next actions that are taken are controlled by the Government, controlled by the Premier by making the right choice this we ekend or being inactive for the weekend and coming back here prepared to steamroll forward as he indicated today when all persons are still on the grounds trying to ex-press their concerns to the Premier and saying simply, Can you back off ? Can you give tim e and let time, Mr. Speaker, provide some healing in this situation and not steamroll ahead? That is all the call is at this hour, Mr. Speaker, not to continue the long debate that we had on Mon-day but, again, to try and use this as the eleventh hour plea and eleventh hour call out to the Premier and say 1538 11 March 2016 Official Hansard Report
Bermuda House of Assembly take the weekend and do a rethink so that Monday we can see this situation simmer down rather than esc alate. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable A ttorney General. Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I do not intend to be long either. I just intend to set the facts right here. We on this side take …
Thank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable A ttorney General.
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I do not intend to be long either. I just intend to set the facts right here. We on this side take a different view, clearly, from t he Members on that side of the House. He said that we had a historic motion on Monday —the Ho nourable Member that spoke before me from constit uency 35. It was indeed historic, but on this side of the House we view it as misplaced; that it was utterly mi splaced and it was a mistake. Having said that, we engaged in that debate, we participated as adults. We did not throw our toys out of the pram. We did not go and incite people to civil disobedience or unlawful actions. We proceeded in a lawful manner. We abi ded by the Speaker’s dec ision and we participated in that debate and set out for the umpteenth time the principles upon which this Government is proceeding. What is happening here —and I think most people appreciate it —is that we are seeing people being us ed for political purposes in a very broad sense. We see . . . and the Honourable Member spoke of this lady who is on this hunger strike. We urge this lady to stop that. It is not good for her health. It is serving no good purpose. In our view she is being used as a political pawn for political purposes. We have laid out in very careful detail how there are people who want to bring this Government down, who do not want to see it survive its full term, who want to sabotage the economy. They do not want to see the economy turn around. They do not want to see the success of this Government. They feel it is not in their interest. This is a matter upon which (as I have said) there is agreement —not just on both sides of the aisle, but there is agreement with the Bermuda Industrial Union, with the BPSU, with the People’s Campaign. But there needs to be comprehensive immigr ation reform. Further than that, every person with whom I have spoken has agreed that these poor unfortunate people who are out there stuck with PRCs with no way forward to political status deserve their full civil rights, their full human rights. They deserve to be awarded status. I have not found anyone who disagrees with that and Members on the other side say, We agree. We think these people should be granted status. We think there should be a provision. We have asked repeatedly let us put our position, let us put our intention, let us table our Bill and let us discuss on the basis of facts rather than sitting up here and debating on the basis of fi ction. So we tabled the Bill. I invited those Members, I have invited the Honourable Member Walton Brown, I have invited the Leader of the BIU, the leader of the BPSU, the leader of the People’s Campaign— put forward what your proposals are. Quite frankly, we feel that the only thing that is being attempted to be done here is delay for the sake of delay. When we say to them, Look, these are our proposals. Which ones do you have a problem with? They basically say we do not have a problem with these basic ideas. Walton Brown, I think, the Honourable Member, is the only Member who has put forward some sort of proposal, though he has not put any detail to it. I do not blame him for that. He may not be able to yet until he has digested the Bill. He is worried about numbers. That seems to be his concern about numbers and he talks about quotas.
Mr. E. David BurtThe Honourable Member is clearly previewing a debate that the Government says they are going to have on Monday. I think that we should stick to the thing and not foreshadow a debate that is to come. He is going to specifics of the Bill. Hon. Trevor G. Moniz: I …
The SpeakerThe SpeakerThank you. Hon. Trevor G. Moniz: What we are concerned about at this point of time is that there is a concerted and misplaced political effort to attempt to derail this Government. Today, as most people may now know, we had to go to court —the Attorney General’s Chambers representing …
Thank you.
Hon. Trevor G. Moniz: What we are concerned about at this point of time is that there is a concerted and misplaced political effort to attempt to derail this Government. Today, as most people may now know, we had to go to court —the Attorney General’s Chambers representing the Government —to enjoin the president of Bermuda Industrial Union, Mr. Chris Furbert, and also Nicholas Tweed, of the People’s Campaign, and enjoin them from continuing illegal action in breach of sectio n 34 of the Labour Relations Act of inciting pe ople to withdraw their labour when there is no labour dispute. In other words, when these people (the union members, et cetera) effectively being called out on a general strike in order to facilitate a politic al action. That political action is to attempt to bring down this Government. There is a political aim to it, and we simply ask that people not be hoodwinked to think that this is something to do with immigration. If it was something to do with immigration, we would see people attending meetings and putting forward conBermuda House of Assembly crete ideas. Instead, what we have people doing is trying to shut down public meetings, which actions were also unlawful. What we see here is unlawful action piled on top of unlawful action f or a purpose which is essentially a political purpose in order to try and bring down this Government and what this Gover nment will do is to continue on its path to do what is right. Sometimes that path is a very difficult one. But we cannot be dissuaded fr om that path by threats and intimidation. We saw it earlier in the week when people said, Well, you have 48 hours. The union said you have 24 hours and otherwise we are doing this, that or the other. This Government will not be persuaded by naked threats of intimidation. We advise those Members on the other side and the other people out there in the community who allied with them to start to obey the law and put forward constructive ideas which we can engage with and move forward. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The House is adjourned to Monday the 14 th of March. [Gavel] [At 10:18 pm, the House stood adjourned until 10:00 am, Monday, 14 March 2016.] 1540 11 March 2016 Official Hansard Report Bermuda House of Assembly [This page intentionally left blank ]