The SpeakerThe SpeakerHonourable Member, would you put your question again , on the Bible ? All right. So the new Member will read the Oath of an Assemblyman. OATH OR AFFIRMATION OF NEW MEMBER OATH OF AN ASSEMBLYMAN MR. DI ALLO V. S. RABAIN
Mr. Diallo V. S. RabainI, being a Member of this present Assembly, do swear by Almighty God to use and employ my best endeavour s therein for the general good without any respect to private interest, gain or advantage, striving to discharge a good conscience in all equity and integrity during my continuance ther …
The SpeakerThe SpeakerThank you, Honourable Member. You may now take your seat. The Sergeant -at-Arms will show you to your seat. [Desk thumping]
The SpeakerThe SpeakerHonourable Member Rabain, if you would come, one thing we did not do, you did not sign the paper. You did not sign your life away . [Laughter, and pause]
The SpeakerThe SpeakerAnd one other [thing]; he also has to read the Oath of Allegiance. OATH OF ALLEGIANCE MR. DIALLO V. S. RABAIN
Mr. Diallo V. S. RabainI do swear that I will be fait hful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors, according to law. So help me God.
The SpeakerThe SpeakerThank you, Honourable Member. Sign here; sign your life away please. [Pause] CONFIRMATION OF MINUTES 4, 11 and 16 December 2015
The SpeakerThe SpeakerWe have confirmation of the Minutes for 4, 11 and 16 December 2015. Are there any objections to those Minutes or any corrections? There are none. Minutes approved. [Motion carried: Minutes of 4, 11 and 16 December 2015 approved. ] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are no messages from the Governor. [Interruption from the G allery (loud chanting by a crowd): “NO! NO TO OBA IMMIGRATION REFORM !”] [Gallery clear ed] [Desk t humping] [Pause] ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerHonourable Members, we have a couple of announcements. First, we have Ms. Nadine Place. We would like to welcome Ms. Nadine Place as 520 12 February 2016 Official Hansard Report Bermuda House of Assembly Administrative Officer, and now she is going to r eplace Ms. Ford. We welcome Ms. Nadine …
The SpeakerThe SpeakerYes, stand up so they can see you in place. As you all will have noticed already, we have a relief Sergeant -at-Arms, Sergeant Major Arnold A llen, who is our ne w Sergeant -at-Arms, replacing Mr. Fox, who is here as well, assisting today. But as you all know, …
Yes, stand up so they can see you in place. As you all will have noticed already, we have a relief Sergeant -at-Arms, Sergeant Major Arnold A llen, who is our ne w Sergeant -at-Arms, replacing Mr. Fox, who is here as well, assisting today. But as you all know, Mr. Fox has retired. I would also like to announce that the Ho nourable Member Z. J. De Silva, Member De Silva, is 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 Deputy Premier. Honourable E. T. Richards, you have the floor. BERMUDA PUBLIC ACCOUNTABILITY (GENERAL) REGULATIONS 2015 BERMUDA PUBLIC AC COUNTABILITY (REVIEW PROCEEDINGS) REGULATIONS 2015 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the …
The Chair will recognise the Deputy Premier. Honourable E. T. Richards, you have the floor.
BERMUDA PUBLIC ACCOUNTABILITY (GENERAL) REGULATIONS 2015
BERMUDA PUBLIC AC COUNTABILITY (REVIEW PROCEEDINGS) REGULATIONS 2015 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Public Accountability (Gen-eral) Regulations 2015, and the Bermuda Public Accountability (Review Proceedings) Regulations 2015.
The SpeakerThe SpeakerThank you, Honourable Member. Members are to receive soft copies of those regulations.
Mr. E. David BurtAt the last sitting of this Honour able House, the Honourable Minister stated that he would table the Airport Development Agreement. And to this date, we have not received the full Airport D evelopment Agreement, which he described as a vol uminous document. So I am wondering if the Minister …
At the last sitting of this Honour able House, the Honourable Minister stated that he would table the Airport Development Agreement. And to this date, we have not received the full Airport D evelopment Agreement, which he described as a vol uminous document. So I am wondering if the Minister will please clarify to this House when he intends to table said Airport Development Agreement.
The SpeakerThe SpeakerOkay, Honourable Member. Yes, MP Richards? Hon. E. T. (Bob) Richards: Mr. Speaker, that doc ument was put on the parliamentary website.
The SpeakerThe SpeakerOkay, thank you. All right, thank you. Hon. E. T. (Bob) Richards: Mr. Speaker.
Mr. E. David BurtThe Honourable Minister said that he would table the full Airport Development Agreement. And what was sent on the parliamentary web-site is missing the schedules. Will the Honourable Minister please clarify to this House when he will table the full agreement, which he stated he would do at our last …
The SpeakerThe SpeakerMember? Hon. E. T. (Bob) Richards: Mr. Speaker, there are parts of that agreement that have been redacted for commercial sensitivitie s. And it is not unusual for such documents to have been redacted. What could be presented has been presented.
Mr. E. David BurtSorry, Mr. Speaker. Is the Honourable Minister saying that the entire schedules have been redacted and cannot be shared with this House? That is what I am asking, because if some parts have been redacted, then would we not see what else is there? I am asking the Minister to …
Sorry, Mr. Speaker. Is the Honourable Minister saying that the entire schedules have been redacted and cannot be shared with this House? That is what I am asking, because if some parts have been redacted, then would we not see what else is there? I am asking the Minister to table the entire agreement, which he gave the commitment to do on December 16 th when we sat here.
The SpeakerThe SpeakerYes. Hon. E. T. (Bob) Richards: Mr. Speaker, I have given my answer. I am not going to answer it again.
The SpeakerThe SpeakerAll right. Thank you very much. Honourable Member, you have given what is important; is that all the information that you can share with the House? And that is what I — Hon. E. T. (Bob) Richards: Yes, Mr. Speaker. I have given all the information that we can give …
All right. Thank you very much. Honourable Member, you have given what is important; is that all the information that you can share with the House? And that is what I —
Hon. E. T. (Bob) Richards: Yes, Mr. Speaker. I have given all the information that we can give without
Bermuda House of Assembly crossing that line of revealing sensitive commercial issues; yes.
The SpeakerThe SpeakerAll right. Thank you. We will follow up on that. Thank you. PETITIONS
The SpeakerThe SpeakerThere are no petitions. STATEMENTS BY MINISTERS
The SpeakerThe SpeakerThe Chair will recognise the Honour able Premier. Premier Michael Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Good morning to you and colleagues.
The SpeakerThe SpeakerGood morning. 2016 CENSUS OF POPULATION AND HOUSING Hon. Michael H. Dunkley: Mr. Speaker, I rise this morning to inform Members of this Honourable House and the people of Bermuda about the tabling later t oday of a Bill entitled Statistics (Census of Pop ulation and Housing) Order 2016. Mr. …
Good morning.
2016 CENSUS OF POPULATION AND HOUSING
Hon. Michael H. Dunkley: Mr. Speaker, I rise this morning to inform Members of this Honourable House and the people of Bermuda about the tabling later t oday of a Bill entitled Statistics (Census of Pop ulation and Housing) Order 2016. Mr. Speaker, section 5(1) of the [Statistics] Act mandates that “A census of population and hous-ing in Bermuda shall be taken in the year 2010, and from time to time thereafter as the Minister may by Order direct.” The 2016 Census data collection will be conducted from May 21 st, 2016, to December 31st, 2016. The general benefit of a census is that it pr ovides a snapshot of the size and profile of the popul ation and housing stock at a given point of time. Cen-sus data are used to devise effective strategies relat-ing to infrastructure, education, health, employment and other economic and social issues. Mr. Speaker, the length of time between the 2010 and 2016 censuses is the smallest in Bermuda’s history. More frequent censuses would allow for the Government and other stakeholders to make policies and decisions based on current information. Mr. Speaker, as noted, this year’s census will commence on May 21 st, and census data will be collected by a variety of means including online, mail, telephone interviews, and personal interviews. More specifically, Mr. Speaker, it will be conducted in four phases: 1. first, a web- based application solution for the collection and management of census infor-mation during the 2016 Census of Pop ulation and Housing; 2. second, collecting data via Computer Assisted Telephone Interviews [CATI]; 3. collecting data in person via Computer Assis ted Personal Interviews [CAPI] using Netbooks; and 4. a mail -out questionnaire option. Mr. Speaker, I point out that, historically, data collection in Bermuda’s censuses involved person- toperson interviews only. In the 2010 Census, the D epartment of Statistics introduced telephone intervie wing as a data- collection method. This year, Mr. Speaker, as we introduce a primary and preferred method of collecting data online, we are encouraging all residents to participate in this year’s census via the e-Census method. We believe that this is the quickest, easiest and most convenient method. Overall, Mr. Speaker, it is also anticipated that the combination of these census methods will be more cost-effective, as it will significantly reduce the number of interviewers required to personally visit residences; and when interviewers have to visit homes, the use of Netbooks (which I referred to previously) in the cen-sus will reduce the time spent completing each ques-tionnaire. Mr. Speaker, the following are samples of some of the census topics that will be included in the questionnaire: characteristics, birthplace, immigration, health, marital status, education, economic activity, income from main job, income from other sources, household members and visitors, dwelling characteri stics, and emigration. For further information, Mr. Speaker, the question topics pertaining to each subpopulation of Bermuda are outlined in Schedules 1 to 4 of the St atistics (Census of Population and Housing) Order 2016. I should also note, Mr. Speaker, that over the course of the census period, we will have a phased awareness campaign that will be aligned with each of our census collection efforts to ensure the public’s full cooperation and participation. Finally, Mr. Speaker, I wish to touch on the budget allocation for this year’s census. You will recall that I stood on the floor of this Honourable House last May and advised Members that part of our decision to delay the census was so that we could find the most cost-effective solution to conduct this national undertaking. This year’s proposed census cost will be $1.7 million. This represents a reduction of $1.2 million from the Census 2010, which cost us $2.9 million. Mr. Speaker, in order to achieve cost savings, we have (1) reduced, where possible, the duration of interviewing to minimise response burden on the pu blic; and (2) invested in technology that has helped to reduce the total cost allocated to hiring field workers and clerical workers. I wish to thank the Department of Statistics for seeking solutions to realise cost savings and, of course, to increase efficiency in this regard. 522 12 February 2016 Official Hansard Report
Bermuda House of Assembly As I close, Mr. Speaker, I wish to say again that Census Day is May [21th], 2016. And as it a pproaches, let us be reminded that our participation in the e- Census is imperative. It is our civic duty. And more importantly, Mr. Speaker, the information we obtain is critical to helping the Government make i nformed and effective decisions that benefit the people of Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. Premier you have a second Statement. ADDRESSING INCREASE IN SERIOUS CRIMES Hon. Michael H. Dun kley: Thank you, Mr. Speaker. Mr. Speaker, since the Christmas holidays, Bermuda has experienced a rise in serious crimes , some involving firearms. Our community is rightly concerned about this apparent spike …
Thank you, Premier. Premier you have a second Statement.
ADDRESSING INCREASE IN SERIOUS CRIMES Hon. Michael H. Dun kley: Thank you, Mr. Speaker. Mr. Speaker, since the Christmas holidays, Bermuda has experienced a rise in serious crimes , some involving firearms. Our community is rightly concerned about this apparent spike in criminal activ ity, and today I wish to address some of these concerns as the Minister of National Security. Mr. Speaker, let me first make it clear that we are a country of laws, and those who break the law should expect to be brought to justice and, of course, to answer to their conduct. I know we can all agree the vast majority of Bermudians go about their daily lives respecting the laws of the land and encourage others to do so, as well. It is the minority of our cit izens who make choices that negatively affect the sense of safety and security for the law -abiding majority.
An Hon. Member An Hon. MemberHear, hear! Hon. Michael H. Dunkley: Mr. Speaker, the strength of our community is shown when people come forward if they have witnessed a crime, have information that can lead to an arrest or assist the police in their investigations. These courageous acts have proven successful in the past, and …
Hear, hear! Hon. Michael H. Dunkley: Mr. Speaker, the strength of our community is shown when people come forward if they have witnessed a crime, have information that can lead to an arrest or assist the police in their investigations. These courageous acts have proven successful in the past, and ordinary citizens continue to have a role to play in ensuring that criminals are brought to justice. In each of these recent cases, I echo the words of the investigating officers and likewise chal-lenge all of our citizens who have information relating to any crime to come forward. If you know something, say something. Mr. Speaker, it is also important that we as a community support the police in their investigations and the pro- active measures that they must now employ to disrupt the rhythm of those who would engage in further violent crime. I am regularly briefed by the [Police] Commissioner and his senior command, and I have pledged the full support of this Government for the efforts both in investigating, as well as the actions they must take to reduce tensions and provide reas-surance to affected communities. Mr. Speaker, some of the commentary on this increase in serious crime has focused on the contin uing economic challenges in our community. As I have said before, the economic decline this Government is required to reverse is perhaps the single most i mportant task we have. While the successes we have seen and those we can forecast are beginning to reach families in need across the Island, our commi tment remains to bringing relief to those who mos t need it in a sustainable and lasting way with the sense of urgency that the situation, of course, demands. Mr. Speaker, in addition to being a country of laws, we as a people have always made good choices. When confronted with adversity, we channel our frustrations into innovation and self -help, demanding the best of those whom we have elected to serve us and ensuring that the most vulnerable in our society are taken care of first. So, I think that we can all agree that resorting to violence, whether out of anger and frustration or committing crimes by anyone against their fellow Bermudians in the name of meeting a desperate need, is simply unacceptable. At the core of our society, Mr. Speaker, is a foundation of mutual respect and understanding. These acts of violence strike at this very core because we often know the men and women who engage in this criminal behaviour. And in spite of our cosmopol itan outlook, we are still small enough for these acts of violence to resonate deeply across communities and for the ill -judged actions of a few to affect so many — even our own relatives and friends. Mr. Speaker, concurrent with this Statement in this Honourable House this morning, the Commi ssioner of Police is releasing crime statistics for 2015. The detailed breakdown of crimes and their percen tage increases is something he is best qualified to deal with and explain. I will, however, advise Honourable Members that crime did rise in 2015 when compared with 2014, but it is important to note that it is in con-trast to 2014, which was a historically low point for criminal offences committed in Bermuda. Mr. Speaker, one of the principal ways in which we are turning the tide of the gang lifestyle is through direct intervention, meeting people where they are. In keeping with this commitment, Team Street Safe continues to provide the critical interve ntions required to arrest the growth and the lure of gang culture. Honourable Members will recall that Team Street Safe [TSS] was launched in May of 2013 as a new gang intervention programme modelled after the Street Safe Boston project. The purpose of the pr ogramme is to intervene with known individuals i nvolved in gun violence and to reduce gang and gun violence in our community. Team Street Safe is based on street -level i ntervention with the structure of action research allo wing the interactive inquiry process to drive the data-driven analysis to understand the underlying causes
Bermuda House of Assembly of gang phenomena and local environmental factors. Mr. Speaker, Team Street Safe has adopted th e strengths and lessons learned from the Street Safe Boston model and tailored them to suit our local needs. The goal is to utilise the lessons learned to enable future predictions and recommendations for service provision and prevention priorities to reach the desired results of peaceful, healthy and safe neig hbourhoods for Bermuda. Mr. Speaker, the focus for Team Street Safe is twofold: 1. intervention level —identifying, detecting and interrupting violence to move proven risk indi-viduals (or PRIs) towards a productive and healthy lifestyle; 2. action research level —build the infrastructure on an action research focus to understand the intricacies of the local problem for prevention and management over time.
Mr. Speaker, Team Street Safe has four main objectives: 1. to build relationships with gang members known as proven risk individuals; 2. to connect these PRIs to resources as a tran-sition out of the gang life. These resources might include employment, a change in living arrangements, educational opportunities, and family services; 3. to negotiate and mediate between rival groups; and 4. to develop social contracts to build productive citizens whilst disarming them from gang and gun violence.
Mr. Speaker, the programme targets proven risk individuals known to be involve d or actively i nvolved in gangs, crews or antisocial groups, or en-gaged in antisocial behaviours and within the age bracket of 18 to 35 years. Individuals between the ag-es of 18 and 19 will be referred to the Mirrors Pr ogramme as the first step. Street Sa fe is just one of the initiatives pr omoted by this Government as a means to intervene and provide an alternative structure for those at risk of offending and falling into the negative influences of the gang lifestyle. Mr. Speaker, the Inter -Agency Gang Task Force (or IGTF) and the Inter -Agency Gang Enforc ement Team (IGET) continue to meet this Gover nment’s promise to bring together all of those agencies that are engaged in the prevention, management and rehabilitation of at -risk members of our society. The Inter -Agency Community Response Team (ICR) was enacted with the following three main goals: 1. gaining an understanding of youth who are at risk for gang membership by zone (East, West and Central) and the prevailing gang culture; 2. promoting community engagement focused on positively engaging Bermuda’s at -risk youth and lessening the pull towards antis ocial behaviour; and 3. ensuring that there are appropriate and effective resources in place to implement any rele-vant best practiced or innovative recommendations , and priorities are met.
Mr. Speaker, the ICR has been engaged in those communities most directly impacted by gun violence and serious antisocial activity. Their strength has been realised in bringing together churches, community groups, charities, and relevant government departments to unite in addressing the underlying needs of these proven- risk individuals. Bermuda is on a path of renewal, Mr. Speaker, and I believe that the majority of Bermudians rec-ognise that and are determined to see this country succeed, irrespective of our political allegiances, race, employment status or economic challenges. This Government will continue to use every available means to promote positive lifestyle choices to our young people, whose formative years must be devote d to education, sports and strong family life. We will continue the effort to prove that the gang lifestyle is no life at all, and that this society needs every Ber-mudian fully engaged and involved in making this country successful. Lastly, Mr. Speaker, this Government will co ntinue to support the police as they lead the fight against crime and provide strong enforcement as the vital investigative arm of the criminal justice system. Their commitment to making Bermuda safer is strengthened by the active support of all of our efforts. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Premier. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD WRITTEN ANSWERS
The SpeakerThe SpeakerThank you. We are now on to the Question Period. We have the Honourable E. T. Richards to provide a written response to a parliamentary question from the Honourable W. L. Furbert. Has that been r eceived yet? [No audible response] QUESTION: DEPARTURE TAX COLLECTED 524 12 February 2016 Official …
Thank you. We are now on to the Question Period. We have the Honourable E. T. Richards to provide a written response to a parliamentary question from the Honourable W. L. Furbert. Has that been r eceived yet? [No audible response]
QUESTION: DEPARTURE TAX COLLECTED 524 12 February 2016 Official Hansard Report
Bermuda House of Assembly 1. Will the Honourable Minister please inform this Honourable House of the amount of departure tax collected for the years 2013, 2014 and 2015 for the months of January through April?
The SpeakerThe SpeakerAlso, we have written responses for Mr. W. L. Furbert —two questions, actually, two [responses to] questions from W. L. Furbert, one from E. T. Richards and one from E. G. Gibbons. QUESTION S: AM ERICA’S CUP EXPENDITURE 1. Will the Honourable Minister please pr ovide this Honourable House with …
Also, we have written responses for Mr. W. L. Furbert —two questions, actually, two [responses to] questions from W. L. Furbert, one from E. T. Richards and one from E. G. Gibbons.
QUESTION S: AM ERICA’S CUP EXPENDITURE
1. Will the Honourable Minister please pr ovide this Honourable House with the ex-penditure on the Americas Cup as at D ecember 31st, 2015; and provide a break-down of cost associated with this event?
2. Will the Honourable Minister please inform this Honourable House with names of all contractors and consultants that have been paid by ACBDA, and the total they have received up to December 31st 2015 in regard to the Americas Cup?
Hon. Wayne L. Furbert: I have not received the one from the Minister .
The SpeakerThe SpeakerOkay. All right. Just one second. [Pause]
The SpeakerThe SpeakerDo you have that, Mrs. Wolffe? The Clerk: I just see an e- mail from Mr. Mander s that I have received a soft copy. As to whether the hard copies have been delivered, I am uncer tain at this point.
The SpeakerThe SpeakerSo, you do have the [soft copy]. Can you get a copy to Mr. Furbert? [Pause]
The SpeakerThe SpeakerThe Honourable R. W. Scott to provide an oral response to the question from Honourable Member C. W. Brown, from constituency 17. You have the floor.
The SpeakerThe SpeakerGood morning. QUESTION 1: STUDENTS TRANSFERRING FROM PUBLIC TO PRIVATE SCHOOLS 2011 -2015
Mr. Walton BrownGood morning, colleagues. Would the Honourable Minister please inform this Honourable House of the number of Bermuda’s public school students who have transferred to private schools, home schools, and to overseas schools for the years 2011 –2015?
The SpeakerThe SpeakerMinister. Hon. R. Wayne Scott: Thank you, Mr. Speaker. Let me first state that the Department of Education only commenced collection of this type of data for all primary schools in 2012, and for middle schools, data collection started in 2014. However, the data for senior schools can be provided …
Minister. Hon. R. Wayne Scott: Thank you, Mr. Speaker. Let me first state that the Department of Education only commenced collection of this type of data for all primary schools in 2012, and for middle schools, data collection started in 2014. However, the data for senior schools can be provided for the time period requested. So, for primary and middle schools —and I will just read across the line for 2012, 2013, 2014 and 2015: • transfer to private schools, 3, 8, 23 and 31; • to overseas schools, 9, 52, 76 and 110; and • for home schools, 1, 3, 9 and 12.
And then, transfers from senior schools for 2011, 2012, 2013, 2014 and 2015: • to private schools, N/A [not applicable] for 2011. [For 2012, 2013, 2014 and 2015, r espectively,] 2, 2, 4, and 2; • overseas, 3, 18, 19, 60 and 24; and • home schools, again for 2011 not applicab le. For 2012— 2. [For 2013, 2014 and 2015, r espectively,] 5, 12, 4.
The SpeakerThe SpeakerThank you, Honourable Member. Yes, you have a supplementary? SUPPLEMENTARIES
Mr. Walton BrownYes. Would the Honourable Minister agree that this represents a crisis of confidence in public education?
The SpeakerThe SpeakerMinister? Hon. R. Wayne Scott: No, I would not agree with that. I think what is important to note, however, is that there have been indications that several of the wit hdrawals of students from the public schools to ove rseas institutions have been [transfers] to UK schools. There have …
Minister? Hon. R. Wayne Scott: No, I would not agree with that. I think what is important to note, however, is that there have been indications that several of the wit hdrawals of students from the public schools to ove rseas institutions have been [transfers] to UK schools. There have also been siblings withdrawn from public schools at the same time. This is an indication of fam ilies leaving the Island to reside in the UK, of course. And there have been instances where students have withdrawn from public schools, as parents transfer them to overseas schools for special programmes such as sports, for example. And, of course, my inter-pretation of children leaving to go to private schools is an indication, fortunately for those families, of the i mproving economy where they can actually afford to vote for their choice at this time.
Mr. Walton BrownWill the Honourable Minister agree that this emigration, primarily to the UK, al though it may fall outside of his ministerial remit, speaks to a much broader set of issues that this Go vernment has not adequately addressed? Hon. R. Wayne Scott: Again, I would not agree with that. I …
Will the Honourable Minister agree that this emigration, primarily to the UK, al though it may fall outside of his ministerial remit, speaks to a much broader set of issues that this Go vernment has not adequately addressed?
Hon. R. Wayne Scott: Again, I would not agree with that. I think it is important to note, as the Member would know, that this is a trend that we actually star ted to see more frequently in 2011/12 and has conti nued, as with any of those trends. I take his point that that is concerning, but the Member would know that this is a trend that actually started five years ago.
The SpeakerThe SpeakerThank you, Honourable Member. We now go to Minister, the Honourable L. C. Cannonier, to provide oral responses to parliamentary questions from the Honourable D. V. Burgess. The Chair will recognise the Honourable D. V. Burgess, from constituency 5. QUESTION 1: GRAND ATLANTIC APARTMENT SALE Hon. Derrick V. Burgess, Sr.: …
Thank you, Honourable Member. We now go to Minister, the Honourable L. C. Cannonier, to provide oral responses to parliamentary questions from the Honourable D. V. Burgess. The Chair will recognise the Honourable D. V. Burgess, from constituency 5.
QUESTION 1: GRAND ATLANTIC APARTMENT SALE Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Will the Honourable Minister please inform this Honourable House whether the sale of the Grand Atlantic apartment condos on South Shore Road, Warwick, has been completed, and if so, at what price?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. No.
The SpeakerThe SpeakerNo, it has not been completed? Hon. L. Craig Cannonier: No, it has not been completed.
The SpeakerThe SpeakerMP Burgess. Hon. Derrick V. Burgess, Sr.: Question number two.
The SpeakerThe SpeakerYes. QUESTION 2: BLACK WATCH PASS PROJECT Hon. Derrick V. Burgess, Sr.: Number two. Will the Honourable Minister please inform this Honourable House, what is the budget for the Black Watch Pass roundabout, or project, and how much has been spent on the project as at the 15 th of …
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. Road Works Capital Projects, which is what Black Watch Pass falls under, was passed in [the] 2015 Budget of approximately $5 million. Now, that includes Black Watch Pass, plus other projects, road-work projects that go on. So, Black Watch Pass …
Minister. Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. Road Works Capital Projects, which is what Black Watch Pass falls under, was passed in [the] 2015 Budget of approximately $5 million. Now, that includes Black Watch Pass, plus other projects, road-work projects that go on. So, Black Watch Pass fits under this here. What we have spent thus far is $728,000 on the project. We estimate that it will be finished within the next two weeks and will probably come just under $1 million.
Mr. E. David BurtI was just hoping the Minister could clarify. When he said $700,000, that was $700,000 just on Black Watch Pass, because he was talking about the entire budget, so I am not entirely certain. So that was $700,000 on Black Watch? Could the Minister confirm that the $700,000 was just …
I was just hoping the Minister could clarify. When he said $700,000, that was $700,000 just on Black Watch Pass, because he was talking about the entire budget, so I am not entirely certain. So that was $700,000 on Black Watch? Could the Minister confirm that the $700,000 was just on Black Watch Pass? And can he also state, was that for the entire project insofar as previous fiscal years, or just this fiscal year?
The SpeakerThe SpeakerYes. Minister. Hon. L. Craig Cannonier: Yes. That does not include just this fiscal year. It is $728,000 in total thus far up until January the 15 th of this year.
The SpeakerThe SpeakerYes. You have a supplementary, MP Brown? SUPPLEMENTARY
Mr. Walton BrownYes, yes. Can the Minister answer, whose decision was it to provide that additional lay -by (I am not sure what the term is), that piece of land that is adjacent to the well that was built by the Governor’s great - grandfather? Why was that special area cr eated? …
Yes, yes. Can the Minister answer, whose decision was it to provide that additional lay -by (I am not sure what the term is), that piece of land that is adjacent to the well that was built by the Governor’s great - grandfather? Why was that special area cr eated? And what does it have to do with the roundabout?
526 12 February 2016 Official Hansard Report
Bermuda House of Assembly The Speaker: Minister?
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. That area was increased, but that was a part of the total agreement on how the whole plan was going. To say exactly . . . Tha t question has thrown me off a bit. But to say exactly why it was done the way that it was done, it was an opportunity to have more parking. And so, we created more parking in that area.
The SpeakerThe SpeakerYes. The Chair will recognise MP Weeks. Supplementary?
Mr. Michael A. WeeksMr. Speaker, would the Minister agree that if all that wasted land up by the well, if that was not so, then they would have no reason to go into the park land . . . why would they put that there to increase park land, and they are taking …
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I think we are beginning to bleed into the following question that is on the list here. So I am not sure if I should proceed. But that will fall under the next question.
The SpeakerThe SpeakerAll right. You can answer when the question comes. Hon. L. Craig Cannonier: Yes.
The SpeakerThe SpeakerYes. MP Burt, your supplementary. SUPPLEMENTARY
Mr. E. David BurtThank you, Mr. Speaker. Mr. Speaker, in his earlier response, the Honourable Minister stated that the total amount spent to date was $700, 000-something and he expects that the total project will come in at $1 million. Can the Hon-ourable Minister please state for this Honourable House, what was the …
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: I took a look for an original budget to that to see if there was a figure on the pr oject. I have not seen that. [Inaudible interjections] Hon. L. Craig Cannonier: It started . . . The project started in 2010. [Inaudible interjections]
The SpeakerThe SpeakerJust a minute, MP. Carry on, Minister. Hon. L. Craig Cannonier: Yes, the project, the dra wings, the makeup of the roundabout for Black Watch Pass started in 2010. I have the drawings here. So if anyone wants to see those drawings, they certainly can.
The SpeakerThe SpeakerYes, thank you. Yes, the Chair will recognise the Honourable Member from constituency 6. MP Furbert, you have a supplementary? SUPPLEMENTARY Hon. Wayne L. Furbert: Yes, thank you, Mr. Speaker. Can the Minister inform this House, when did the project start as far as the building is concerned? What year …
Yes, thank you. Yes, the Chair will recognise the Honourable Member from constituency 6. MP Furbert, you have a supplementary?
SUPPLEMENTARY
Hon. Wayne L. Furbert: Yes, thank you, Mr. Speaker. Can the Minister inform this House, when did the project start as far as the building is concerned? What year was that?
Hon. L. Craig Cannonier: Yes, I believe it began sometime in 2014, the work, the actual work itself.
The SpeakerThe SpeakerThank you. Yes, a supplementary? Hon. Marc A. R. Bean: Yes.
The SpeakerThe SpeakerYes, the Leader of the Opposition. SUPPLEMENTARY Hon. Marc A. R. Bean: Can the Minister confirm his previous comments that he does not know the original budget, thus indicating that there are no real cost controls regarding this project?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Yes. I would not go as far as to say there are no cost controls put in place. It falls under the budget of road works. The work co mmenced, and there was no set definitive number put in place as to the total cost …
The SpeakerThe SpeakerYes, MP Furbert. SUPPLEMENTARY Hon. Wayne L. Furbert: So, Mr. Speaker is the Mini ster trying to tell this Honourable House that they are going to spend $2 million on their road works even if they have $5 million in the budget?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Sure. Mr. Speaker, if we take a look at the 2010/11 drawings for the project, they have been set since then. Very slight adjus tments have been made. In fact, some areas were r educed. So the cost of doing the project would come in …
Minister. Hon. L. Craig Cannonier: Sure. Mr. Speaker, if we take a look at the 2010/11 drawings for the project, they have been set since then. Very slight adjus tments have been made. In fact, some areas were r educed. So the cost of doing the project would come in even at 2010 projections, the same as now. The dra wings have been set and were set in 2010, and not much has changed since [then]. So I understand that they are looking for a figure for me to give them. This thing was started back in 2010. And if there was a figure to be put in place, it would have been put in place at that time.
Some Hon. Members Some Hon. MembersNo, no, no, no, no, no.
The SpeakerThe SpeakerThe Chair will recognise the Honour able Member from constituency 35, MP Denn is Lister. SUPPLEMENTARIES Hon. Dennis P. Lister: Thank you, Mr. Speaker. In light of the Minister’s last answer, no matter when the project was originally conceived, thought of, drafted, before the project is started there is a …
The SpeakerThe SpeakerQuestion? Hon. Dennis P. Lister: Just for clarity, my question, Mr. Speaker, goes back to the Minister. In light of we are all accepting that that is the process, somewhere there has to be that cost. And we are simply asking, what was the cost?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. Our technical team cannot show me that. We asked that question, and they cannot show me that figure. Hon. Dennis P. Lister: Mr. Speaker.
The SpeakerThe SpeakerMP Lister. Hon. Dennis P. Lister: So, Mr. Speaker, based on the Minister’s last comment, are we to accept that a project was started without knowing what the cost es-timate was for that project? [Inaudible interjections]
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I am just as perplexed as they are, as well, in sitting here. [Laughter] Hon. L. Craig Cannonier: But when asking the question from 2010 when this project started, Where was the total — [Inaudible interjections] Hon. L. Craig Cannonier: Let …
Minister.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I am just as perplexed as they are, as well, in sitting here.
[Laughter] Hon. L. Craig Cannonier: But when asking the question from 2010 when this project started, Where was the total — [Inaudible interjections]
Hon. L. Craig Cannonier: Let me finish. Where was the cost put in place for this project? It was never set. It was never set. The work commenced based on those drawings from 2010 to get the work done. It fits under the Budget section number, Business Unit number 75042. They can take a look at it. This project falls under Roadwork Capital Projects, just like many other projects. Now, along the way we all know that many things might happen where adjustments might be made. But very few adjustments were made to this project.
The SpeakerThe SpeakerThank you. Sorry, Honourable Member, you had your two supplementaries. The Chair will recognise the Opposition Leader. SUPPLEMENTARY Hon. Marc A. R. Bean: Thank you, Mr. Speaker. The Honourable Minister keeps referring back to 2010. But the original question was, What is the budget of the actual development at Black …
Thank you. Sorry, Honourable Member, you had your two supplementaries. The Chair will recognise the Opposition Leader.
SUPPLEMENTARY
Hon. Marc A. R. Bean: Thank you, Mr. Speaker. The Honourable Minister keeps referring back to 2010. But the original question was, What is the budget of the actual development at Black Watch Pass? Mr. Speaker, would the Honourable Minister agree with us that the previous answers that he has given should, in any normal parliamentary democracy, raise eyebrows or red flags for the Auditor General? Hon. L. Craig Cannonier: I would not disagree with that at all. I am asking the question as well in invest igating. But as of today, I have been given that $728,000 has been spent on the project thus far. That is the answer.
The SpeakerThe SpeakerThank you. Yes, the Chair will recognise the Honourable Member from constituency 16, MP Weeks. 528 12 February 2016 Official Hansard Report Bermuda House of Assembly SUPPLEMENTARY
Mr. Michael A. WeeksThank you, Mr. Speaker, again. Mr. Speaker, we are on costs and cost savings. So, Mr. Speaker , would the Honourable Minister agree that he could have saved some money on all that stone I see he put into the wall down there by saving the stone that was taken …
Thank you, Mr. Speaker, again. Mr. Speaker, we are on costs and cost savings. So, Mr. Speaker , would the Honourable Minister agree that he could have saved some money on all that stone I see he put into the wall down there by saving the stone that was taken from the old wall?
Hon. L. Craig Cannonier: No, I would not agree with that. Our technical team did take a look at the stone and found it not [suitable] to be used for the new buil ding at all.
The SpeakerThe SpeakerThank you. The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker, a supplementary.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Derrick V. Burgess, Sr.: Why are the grates being put in the middle of the road instead of close to the sidewalk, which is the correct location? [Inaudible interjections] Hon. L. Craig C annonier: I can find that answer out. I do not know exactly why that …
The SpeakerThe SpeakerYes, carry on. Hon. Derrick V. Burgess, Sr.: Another supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Derrick V. Burgess, Sr.: The walls on the Go vernment House property side are constructed with block concrete and rod. But on the water side, there is no concrete or rod. Why is that? [Crosstalk ] Hon. L. Craig Cannonier: Thank you, Mr. Speaker and Honourable Member. I …
Yes. Hon. Derrick V. Burgess, Sr.: The walls on the Go vernment House property side are constructed with block concrete and rod. But on the water side, there is no concrete or rod. Why is that?
[Crosstalk ]
Hon. L. Craig Cannonier: Thank you, Mr. Speaker and Honourable Member. I guess [for] the total conclusion to that, I would have to ask the technical team as to why on the park side concrete has not been laid there. I do know that they have laid, in the blocks, wire mesh that fits [between them]. But to say why we have not used concrete, I would have to [ask] the technical team on why we did not use concrete as opposed to . . .
The SpeakerThe SpeakerThank you. Hon. Derrick V. Burgess, Sr.: Thank you.
The SpeakerThe SpeakerYes, sir. You have had your two su pplementaries. Hon. Derrick V. Burgess, Sr.: Third question, Mr. Speaker.
The SpeakerThe SpeakerYes, your third question. QUESTION 3: BLACK WATCH PASS PROJECT Hon. Derrick V. Burgess, Sr.: Will the Honourable Minister please inform this Honourable House as to why Government has used a portion of park land to the north of Black Watch Pass instead of the Gover nment House land, as …
Yes, your third question.
QUESTION 3: BLACK WATCH PASS PROJECT Hon. Derrick V. Burgess, Sr.: Will the Honourable Minister please inform this Honourable House as to why Government has used a portion of park land to the north of Black Watch Pass instead of the Gover nment House land, as originally planned, for the Black Watch Pass roundabout? Hon. L. Craig Cannonier: Thank you again.
The SpeakerThe SpeakerYes, carry on, Minister. Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. I have asked for the drawings. The only dra wings that I could get from our team were from 2010. Those 2010 drawings show that part of government land and public land, as far as the park …
Yes, carry on, Minister. Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. I have asked for the drawings. The only dra wings that I could get from our team were from 2010. Those 2010 drawings show that part of government land and public land, as far as the park is concerned, would be used in those drawings. So I don’t have an original drawing that shows that only Government House land would be used. The park land was always a part of that original plan as [far as] what I have from 2010. I have the drawings right here, so I can let you see.
The SpeakerThe SpeakerYes, supplementary? SUPPLEMENTARY
Mr. E. David BurtI have a simple supplementary request, and I would ask that the Honourable Minister please table those drawings.
The SpeakerThe SpeakerHonourable Member, are you going to answer that? He is asking about whether you are g oing to table the drawings? Hon. L. Craig Cannonier: Yes. I have the copies here. So, as I have already said, I will supply the drawings to them.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise MP Weeks, from [constituency] 16. Bermuda House of Assembly SUPPLEMENTARY
Mr. Michael A. WeeksThank you, Mr. Speaker. There seems to be some confusion on the part of the Minister relying on drawings from 2010. And I clearly remember updated drawings from 2011 and 2012. So, I would ask the Honourable Minister —
Mr. Michael A. WeeksMy question is, Has the Honourable Minister done his homework in trying to get the most [recent] drawings for the Black Watch Pass? Hon. L. Craig Cannonier: I appreciate the question, Mr. Speaker. I would probably say the same thing. I have the drawings in front of me from 2010/11, …
My question is, Has the Honourable Minister done his homework in trying to get the most [recent] drawings for the Black Watch Pass? Hon. L. Craig Cannonier: I appreciate the question, Mr. Speaker. I would probably say the same thing. I have the drawings in front of me from 2010/11, 2011/12, and the adjustments and the park lands are being used on both of those drawings. So as I said, I will supply them to you so you can have them.
The SpeakerThe SpeakerThank you. Yes, Leader of the Opposition. SUPPLEM ENTARY Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, if residents are travelling out to Black Watch Pass and if you were to look at what work has been done, it is very confusing. It looks very confusing. It …
Thank you. Yes, Leader of the Opposition.
SUPPLEM ENTARY
Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, if residents are travelling out to Black Watch Pass and if you were to look at what work has been done, it is very confusing. It looks very confusing. It looks chaotic, Mr. Speaker. Would that be a reflection of a degree of negligence or mismanagement on the part of the Minister or Ministry in terms of this project? Is that chaos that the people see out at Black Watch Pass reflective of the chaos within the Government?
An Hon. Member An Hon. MemberThat’s a real stretch. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. Yes, we are going a little far here. [Inaudible interjections] Hon. L. Craig Cannonier: As far as confusion, I have had no complaints come to me about the work that is being done there. [Inaudible interjections] Hon. L. …
The SpeakerThe SpeakerThank you, Honourable Members. The Chair will recognise the Honourable Member from constituency 5. MP Burgess, do y ou have a supplementary? SUPPLEMENTARY Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker, yes. Mr. Speaker, Minister, are you aware that the large vehicles cannot manoeuvre that roundabout without ending up …
Thank you, Honourable Members. The Chair will recognise the Honourable Member from constituency 5. MP Burgess, do y ou have a supplementary? SUPPLEMENTARY
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker, yes. Mr. Speaker, Minister, are you aware that the large vehicles cannot manoeuvre that roundabout without ending up on the grass verge, which is too large, and the island? Are you aware of that?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: I am sorry. Could you r epeat that? On the grass lane? Hon. Derrick V. Burgess, Sr.: Yes. Are you aware that large vehicles —buses and trailers with the load behind them —cannot manoeuvre around that round about without ending up on the grass verge, …
Minister. Hon. L. Craig Cannonier: I am sorry. Could you r epeat that? On the grass lane? Hon. Derrick V. Burgess, Sr.: Yes. Are you aware that large vehicles —buses and trailers with the load behind them —cannot manoeuvre around that round about without ending up on the grass verge, or the i sland, the circle? Hon. L. Craig Cannonier: Mr. Speaker, the roundabout is not in place yet. But all specs are showing that trucks will be able to get through. So I cannot spec ulate on that because the roundabout is still not in place.
The SpeakerThe SpeakerThank you, Minister. The Chair will recognise the Honourable Member from constituency 16. SUPPLEMENTARY
Mr. Michael A. WeeksThank you, Mr. Speaker. I asked this question earlier, and the Minister promised to answer it now. But my question was (just in case he forgot), In their effort to create more park land right in front of the well, would it not have been wiser, Minister, to have made …
Thank you, Mr. Speaker. I asked this question earlier, and the Minister promised to answer it now. But my question was (just in case he forgot), In their effort to create more park land right in front of the well, would it not have been wiser, Minister, to have made that park smaller and brought the roundabout a little more south of it to save the actual park land that was already there?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Those are all potentials, based on the drawings that we do have. There is no issue with the land having been increased for public lands in that area. So . . .
The SpeakerThe SpeakerThank you. Thank you, Minister. Yes, MP Weeks.
Mr. Michael A. WeeksMr. Speaker, my question was simply in response to the Minister saying earlier that the grass verge—
The SpeakerThe SpeakerYour question? Your question?
Mr. Michael A. Weeks—was to increase park land. Was it not? 530 12 February 2016 Official Hansard Report Bermuda House of Assembly
The SpeakerThe SpeakerYou are asking your question, Honourable Member. SUPPLEMENTARY
Mr. Michael A. WeeksOkay. Okay. My question is, Mr. Speaker, Did the Minister say earlier that in an effort to increase the walking space and park land, that is why that grass verge has come out so far from the well?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Yes. What I said was it was an opportunity to increase more park lands. As the drawings were done, they are done to spec. It was an opportunity to increase some more park land, and so it was done.
Mr. Walton BrownMr. Speaker, given that the Go vernor was so quick to have some regimental band perform on that grassy knoll area . . . [Laughter]
Mr. Walton Brown. . . even before the roundabout was completed, cannot the Minister confirm whether or not the Governor had any involvement in having this actual park land created, given that the whole effort was to celebrate his great -grandfather’s construction of that well? Hon. L. Craig Cannonier: Thank you, Mr. …
. . . even before the roundabout was completed, cannot the Minister confirm whether or not the Governor had any involvement in having this actual park land created, given that the whole effort was to celebrate his great -grandfather’s construction of that well?
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. No, I cannot confirm that. I cannot confirm.
[Inaudible interjection]
Hon. L. Craig Cannonier: He asked if I could confirm that. I said no, I cannot confirm that.
Mr. Walton BrownWell, can you get the confirm ation? Hon. L. Craig Cannonier: I can. I cannot confirm that, though.
An Hon. Member An Hon. MemberHe can ask the question.
The SpeakerThe SpeakerSorry , Honourable Member, you have had all the questions you can ask. MP Burgess? SUPPLEMENTARY Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, yes. Minister, why did you hire an outside contractor to put in a drain pipe? And it [has been] installed in the wrong location. …
Sorry , Honourable Member, you have had all the questions you can ask. MP Burgess? SUPPLEMENTARY
Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, yes. Minister, why did you hire an outside contractor to put in a drain pipe? And it [has been] installed in the wrong location. Are you aware [of that]?
Hon. L. Craig Cannonier: I can find that out, sir. I do not know. Maybe because it was efficient? I do not know.
The SpeakerThe SpeakerThank you, Honourable Member. Yes, the Chair will recognise the Honourable Member from constituency 15, MP Roban. SUPPLEMENTARY
Mr. Walter H. RobanSupplementary. Can the Honourable Minister confirm that the drain is actually in the wrong location? Hon. L. Craig Cannonier: That the drains are in the wrong location? No. No.
The SpeakerThe SpeakerAll right. Thank you. Thank you. Thank you, Honourable Members. That was your three questions, MP Burgess. We now have a question or an oral response following a question from MP C. W. Brown, from con-stituency 17. QUESTION 1: PUBLIC BOAT S LIP
Mr. Walton BrownFor Minister Cannonier. Will the Honourable Minister provide this House with the de-tails on the agreement between the Bermuda Government and the Spanish Point Boat Club regarding public access to the public slip which is adjacent to the boat club property?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I certainly can. In 2002, an MOU [Memorandum of Understanding] was signed with the Spanish Boat Club to the public slip, allowing the public to be able to us e the slip by giving the club a 24- hour notice to …
The SpeakerThe SpeakerYes, MP Brown. SUPPLEMENTARY
Mr. Walton BrownI hope the Minister understands what he just said. This is a public slip, which you have Bermuda House of Assembly just said the public would now have access to, [if they give] 24 hours’ notice, Mr. Speaker. Do you not agree, Honourable Minister, that for a slip that is …
I hope the Minister understands what he just said. This is a public slip, which you have
Bermuda House of Assembly just said the public would now have access to, [if they give] 24 hours’ notice, Mr. Speaker. Do you not agree, Honourable Minister, that for a slip that is a public slip, the only slip that is public in Pembroke, outside of the City of Hamilton—the only public slip . . . do you not think that the public should have an absolute right to access that slip and [that it] not be based on some control exercised by a private members’ club, which now has a gate up there that is locked?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. He raises a rather interesting question. So I will go back and repeat what I said earlier. In 2002, this MOU was done, Mr. Speaker. And so the ques-tion probably at that time should have been asked, Why would we put …
Minister.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. He raises a rather interesting question. So I will go back and repeat what I said earlier. In 2002, this MOU was done, Mr. Speaker. And so the ques-tion probably at that time should have been asked, Why would we put this MOU in place? In 2016, we are now asking the question by the very Government that put this MOU in place. So I will review it. Also, when I read the MOU, I saw it and said, Well, hmm, this is a public slip. We need to take a look at this. So I am willing to sit down with the Honourable Member. He could have come to me before. And then we could have talked about it. I have no challenge with talking about how we move forward with this MOU. But in 2002, the MOU was put in place by the previous Gov-ernment, allowing this agreement to take place that he is questioning.
The SpeakerThe SpeakerYes. The Chair will recognise MP Burt, from [constituency] 18. SUPPLEMENTARIES
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, as a supplementary question, I would ask the Minister, what action will he and/or his Government take if the Spanish Point Boat Club are found to be in violation of the Memorandum of Understanding that he has spoken about?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: We will reach that point when we get there.
Mr. E. David BurtMr. Speaker, I am now going to tell the Minister that the Spanish Point Boat Club does not allow individuals who would like to use the public slip, whether or not they give 24 hours’ notice or not, to access that slip. So I will ask the Minister again, what …
Mr. Speaker, I am now going to tell the Minister that the Spanish Point Boat Club does not allow individuals who would like to use the public slip, whether or not they give 24 hours’ notice or not, to access that slip. So I will ask the Minister again, what action will his Government take to enforce the Mem orandum of Understanding of which he has just mentioned in his question?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: I thank the Honourable Member for his exuberance. We will address it. He is just bringing this to the table. As I said already, if there was a complaint, the complaint could have been filed many times before and we would have addressed this by …
Minister. Hon. L. Craig Cannonier: I thank the Honourable Member for his exuberance. We will address it. He is just bringing this to the table. As I said already, if there was a complaint, the complaint could have been filed many times before and we would have addressed this by now. We are in the House of Assembly discuss ing it. For me to give him an answer right now would be foolhardy. We need to take a look at what the violation is. And when I receive that violation, I will address it.
The SpeakerThe SpeakerThank you. Thank you, Minister. The Chair will recognise the Honourable Member from constituency 15.
The SpeakerThe SpeakerMP Roban, yes. SUPPLEMENTARY
Mr. Walter H. RobanSupplementary, Mr. Speaker. Can the Honourable Minister bring back to this House information of when the gate, which is pr ohibiting the public access, was actually constructed? Or does the Minister know, where he can report right now?
The SpeakerThe SpeakerMinister. Hon. L. Craig Cannonier: Yes. I do not know the a nswer to that. I mean, certainly this is all new to me. I can find out.
The SpeakerThe SpeakerThank you, Minister. MP Walton Brown. SUPPLEMENTARY
Mr. Walton BrownMr. Speaker, I do not want to preempt the second question. But can the Minister at least state to this House whether or not the 24- hour access that he spoke of is actually contained in that initial Memorandum of Understanding?
Mr. Walton BrownI have a copy of the 2002 agre ement, MOU, that was put in place. As I have already said to him, I will give him a review of this, so he has a copy, [to see] what it clearly states. I would not [have given] you the answer if …
I have a copy of the 2002 agre ement, MOU, that was put in place. As I have already said to him, I will give him a review of this, so he has a copy, [to see] what it clearly states. I would not [have given] you the answer if it was not in the actual agreement itself. What I already have stated is in the actual agreement that was signed in 2002.
The SpeakerThe SpeakerThank you. Thank you, Honourable Minister. Your second question, MP Brown? 532 12 February 2016 Official Hansard Report Bermuda House of Assembly Mr. Walton Brown: Yes, Mr. Speaker. Will the Honourable Minister please provide this Honourable House with a copy of that agreement? Hon. L. Craig Cannonier: As I have …
Thank you. Thank you, Honourable Minister. Your second question, MP Brown?
532 12 February 2016 Official Hansard Report
Bermuda House of Assembly Mr. Walton Brown: Yes, Mr. Speaker. Will the Honourable Minister please provide this Honourable House with a copy of that agreement? Hon. L. Craig Cannonier: As I have already stated, I will show the copy to the Honourable Member so that he can go through the MOU, and make it clear to the House of Assembly as well so that they can have pe-rusal of all of the MOU.
Mr. Walton BrownWell, I do not wish to be pedantic. Sharing with me a copy and giving me a copy are two very dif ferent things. Will the Minister commit to providing me with a copy as opposed to simply sight of the agreement? Hon. L. Craig Cannonier: Not a problem at …
The SpeakerThe SpeakerThank you. Thank you, Minister. We now move to the Ministerial Stat ement, the first Ministerial Statement by the Honourable Premier. And we have a question from the Honour able Member from constituency 17, MP Walton Brown. QUESTION 1: 2016 CENSUS OF POPULATION AND HOUSING
Mr. Walton BrownJust one quick question for the Honourable Minister and Premier. Mr. Premier, when the census was delayed last year, the issue, as I recall, was that it was a cost issue and that is why it was being delayed. I see in your Ministerial Statement that the cost of $1.7 …
Just one quick question for the Honourable Minister and Premier. Mr. Premier, when the census was delayed last year, the issue, as I recall, was that it was a cost issue and that is why it was being delayed. I see in your Ministerial Statement that the cost of $1.7 million is precisely the same as it was last year. So what has changed to allow the census to take place this year as opposed to last year?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The census was delayed for a couple of reasons. First and foremost, we wanted to make sure that we could put in the most efficient method of gathering the information, and I think we have done that with the first time …
Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The census was delayed for a couple of reasons. First and foremost, we wanted to make sure that we could put in the most efficient method of gathering the information, and I think we have done that with the first time of an online census. And in that regard, it is critical that people get involved because that can be a very efficient and time- saving measure. Secondly, it was delayed because we wanted to make sure that we could implement these changes in an efficient manner. And thirdly, we were under si gnificant budget constraints last year, and we made the decision to hold it off.
The SpeakerThe SpeakerThank you, thank you, Premier. We also have a question from the Honourable Member from constituency 18, MP David Burt. QUESTION 1: 2016 CENSUS OF POPULATION AND HOUSING
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, on the third page of the Premier’s Statement, the Premier says, “In order to achieve cost savings, . . . we have reduced . . . the duration of interviewing [and] to minimise the response burden on the public and . . …
Thank you very much, Mr. Speaker. Mr. Speaker, on the third page of the Premier’s Statement, the Premier says, “In order to achieve cost savings, . . . we have reduced . . . the duration of interviewing [and] to minimise the response burden on the public and . . . invested in technology that has . . . reduced the total cost allocated to hiring field workers and clerical workers.” Would the Honourable Minister please elaborate on the technology that has been invested and the cost of said technology?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, obviously, the online version allows us to get a lot of work done that would typically have to be done in the field before. If the Honourable Member would like to have some information on the cost of those …
Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, obviously, the online version allows us to get a lot of work done that would typically have to be done in the field before. If the Honourable Member would like to have some information on the cost of those various areas, I am happy to provide it afterwards, because I do not have it at my fingertips. But I can give you a breakdown of the various areas of cost.
The SpeakerThe SpeakerYes, MP Burt, your supplementary? SUPPLEMENTARY
Mr. E. David BurtThank you very much. My su pplementary, Mr. Speaker. I would hope that the Minister, as deferring his answer, would answer that as per Standing Orders at the next Question Period. Thank you.
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Mr. Speaker, I am happy to give him the answer as soon as I get it today.
The SpeakerThe SpeakerThank you, Premier. We now go to the second Statement by the Honourable Premier. And we have a question from the Shadow Minister for Security, MP Roban, from constituency 15. QUESTION 1: ADDRESSING INCREASE IN SERIOUS CRIMES
Mr. Walter H. RobanThank you, Mr. Speaker. On the first page of the Honourable Minister’s Statement, he states, “Since Christmas, Bermuda has experienced . . . serious crimes, some involving fir earms.” Would the Honourable Minister agree that this trend happened certainly long before Christmas, and Bermuda House of Assembly we were seeing …
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, in order to answer that question accurately, I think one would have to look at the numbers, but I tend to disagree. I think around Christmas there was a spike, and in the middle of summer, there were spikes in robberies. But I …
Premier. Hon. Michael H. Dunkley: Mr. Speaker, in order to answer that question accurately, I think one would have to look at the numbers, but I tend to disagree. I think around Christmas there was a spike, and in the middle of summer, there were spikes in robberies. But I would have to look at the figures in detail, which the [Police] Commissioner is only releasing today. So I would like to reserve the full context of that answer until then.
The SpeakerThe SpeakerOkay. Thank you. You have a supplementary, Member? Yes, carry on. Next question, or is it a supplementary?
The SpeakerThe SpeakerOkay. QUESTION 2 : ADDRESSING INCREASE IN SERIOUS CRIMES
Mr. Walter H. RobanThe Minister in his Statement mentioned three different organisations: Team Street Safe, Inter -Agency Gang Task Force, and Inter - Agency Community Response Team. This appears to be the first time that the Minister has extensively described these organisations in a Ministerial Statement. Would the Minister be able to provide …
The Minister in his Statement mentioned three different organisations: Team Street Safe, Inter -Agency Gang Task Force, and Inter - Agency Community Response Team. This appears to be the first time that the Minister has extensively described these organisations in a Ministerial Statement. Would the Minister be able to provide us with some reports on the deliverables of each of these organisations?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Just to correct the Honourable Member, I actually mentioned two distinct structures —Team Street Safe and then the other route, the Inter -Agency Gang Task Force, the Inter -Agency Gang Enforcement Team, and the Inter -Agenc y Community Response Team. This …
Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Just to correct the Honourable Member, I actually mentioned two distinct structures —Team Street Safe and then the other route, the Inter -Agency Gang Task Force, the Inter -Agency Gang Enforcement Team, and the Inter -Agenc y Community Response Team. This is not the first time that the Ministry has talked about all of those initiatives. Senator Baron, the Junior Minister, has gone to great length to talk about those. He actually chairs one of those committees. But I am happy to bring more information back to the Honourable Member to give some more details on how those programmes run and the results that they have had.
The SpeakerThe SpeakerThank you. The Chair recognises the Honourable Leader of the Opposition for a supplementary. Y es. SUPPLEMENTARY Hon. Marc A. R. Bean: Thank you, Mr. Speaker. In response to the Premier’s last statement, where he says that his Junior Minister and himself have articulated these three initiatives in the past, …
Thank you. The Chair recognises the Honourable Leader of the Opposition for a supplementary. Y es.
SUPPLEMENTARY Hon. Marc A. R. Bean: Thank you, Mr. Speaker. In response to the Premier’s last statement, where he says that his Junior Minister and himself have articulated these three initiatives in the past, Mr. Speaker, this Statement reads as if these initiatives are being introduced today. The previous question by the Honourable Shadow Minister was, Can the Minister, whose Statement says this is an increase, addressing an increase of serious crime . . . Can the Minister provide this Honourable House with deliver ables or a measurement of the success of the initiatives that he just admitted had been in place since May 2013? What have they actually accomplished, Mr. Speaker?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, as I answered the last question, I am happy to get back with more detail.
The SpeakerThe SpeakerThank you, Premier. The Chair will recognise the Honourable Member from [constituency] 17. Your third question?
The SpeakerThe SpeakerSupplementar y, yes. SUPPLEMENTARY
Mr. Walton BrownWould the Minister agree that it is fair for the public to suggest that, in light of the spike [in crime] of which he describes, that these initiatives might not actually be achieving the goals that they have been established for?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Categorically no.
The SpeakerThe SpeakerYes, supplementary? The Chair will recognise MP Bean. Carry on. SUPPLEMENTARY Hon. Marc A. R. Bean: Thank you, Mr. Speaker. So, why, do tell, Mr. Minister and Premier, why would the Honourable Premier come here today to address serious crime issues and speak about two or three initiatives that his …
Yes, supplementary? The Chair will recognise MP Bean. Carry on.
SUPPLEMENTARY
Hon. Marc A. R. Bean: Thank you, Mr. Speaker. So, why, do tell, Mr. Minister and Premier, why would the Honourable Premier come here today to address serious crime issues and speak about two or three initiatives that his Government have started three years ago, but not be able to provide a meas-urement of their success or failure?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, that is a speculative question, which bears no response from me. 534 12 February 2016 Official Hansard Report B ermuda House of Assembly The Speaker: Thank you, Honourable Member. You have had two supplementaries already. Yes, the Chair will recognise the Honourabl e …
Premier. Hon. Michael H. Dunkley: Mr. Speaker, that is a speculative question, which bears no response from me. 534 12 February 2016 Official Hansard Report B ermuda House of Assembly The Speaker: Thank you, Honourable Member. You have had two supplementaries already. Yes, the Chair will recognise the Honourabl e Member from constituency 15. Yes, your third question or a supplementary?
The SpeakerThe SpeakerYes, your second. SUPPLEMENTARY
Mr. W alter H . RobanWould the Minister not agree that the i nability t o provide an ything m ore than a description does bring about a question of confidence in these initiatives?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Certainly not, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Honourable Member from constituency 35. MP D. P. Lister, you have the floor. Supplementary? SUPPLEMENTARY Hon. Dennis P. Lister: Yes, thank you, Mr. Speaker. Following the thread of questions that are being put to the Minister right now, in the Statement, …
All right. Thank you. The Chair will recognise the Honourable Member from constituency 35. MP D. P. Lister, you have the floor. Supplementary? SUPPLEMENTARY Hon. Dennis P. Lister: Yes, thank you, Mr. Speaker. Following the thread of questions that are being put to the Minister right now, in the Statement, the Minister refers to the goal of utilising lessons learned. Mr. Speaker, our question is, Can the Minister r espond and inform us of some of the lessons that have been learned over the last two years since you have had the programme up and running, since 2013?
The SpeakerThe SpeakerThank you. Premier. Hon. Michael H. Dunkley: I guess the first thing I would say about that, Mr. Speaker, is that the issue of gangs and guns and violence in our community is one that requires continual attention, because this lifestyle is something that some of our young people, a …
The SpeakerThe SpeakerHonourable Members, I am trying to hear the Premier. Hon. Michael H. Dunkley: A small minority of our young people, Mr. Speaker, are attracted to this lif estyle. So in s pite of the success that we will have with some people . . . And I think Members on …
Honourable Members, I am trying to hear the Premier. Hon. Michael H. Dunkley: A small minority of our young people, Mr. Speaker, are attracted to this lif estyle. So in s pite of the success that we will have with some people . . . And I think Members on both sides of the House are well aware of the success that the Mirrors Programme has had for a number of years. So in spite of us channelling people into that programme, we continually have to keep our foot on the pedal to make sure that we are reaching out to those people who are impacted. So we continue to take a look at those programmes to see how we can expand them in various areas.
The SpeakerThe SpeakerThank you. The Chair will now recognise, MP Roban.
The SpeakerThe SpeakerYes. Yes, your third question. QUESTION 3 : ADDRESSING INCREASE IN SERIOUS CRIMES
Mr. Walter H. RobanWould the Premier be able to . . . In light of the fact that these programmes have been running for a couple of years, they certainly would have gathered some data. Perhaps the Minister can share with us, how many of those young persons, who are the minority, are …
Would the Premier be able to . . . In light of the fact that these programmes have been running for a couple of years, they certainly would have gathered some data. Perhaps the Minister can share with us, how many of those young persons, who are the minority, are perhaps involved with gang violence or gang activity at this juncture?
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I am happy to bring the exact numbers to the Honourable Member that we have on record.
The SpeakerThe SpeakerAll right. Hon. Michael H. Dunkley: Exact numbers means our estimate of what the numbers are. But those numbers continually fluctuate over time. But I am happy to pr ovide them.
The SpeakerThe SpeakerAll right. MP Roban again, supplementary. SUPPLEMENTARY
Mr. Walter H. RobanSupplementary, yes. On page 2 [sic] , in r eference to Team Street Safe, there is an action research level statement. Can the Minister give any idea as to the research, any in-terest points about the research that has been discov-ered to this point, based on what he says about …
Supplementary, yes. On page 2 [sic] , in r eference to Team Street Safe, there is an action research level statement. Can the Minister give any idea as to the research, any in-terest points about the research that has been discov-ered to this point, based on what he says about the activities of the organisations that are involved with dealing with gangs?
The SpeakerThe SpeakerYes, Premier. Hon. Michael H. Dunkley: Mr. Speaker, I do not see that referred to on page 2. Can he clarify if he has got the right page? Bermuda House of Assembly
Mr. Walter H. RobanPage 5. Hon. Michael H. Dunkley: Mr. Speaker, I still do not see that on page 5. Perhaps he would take another look?
Mr. Walter H. RobanNumber 2, “Action Research Level – Build the infrastructure on an action research focus to understand the intricacies of the local pro blem for prevention and management over time.” Hon. Michael H. Dunkley: Thank you, Mr. Speaker, that is not page 2, not page 5.
Mr. Walter H. RobanI said page 5, point 2. Hon. Michael H. Dunkley: But no, it is page 4.
The SpeakerThe SpeakerActually, it has got a “5” here, Honourable Premier. [Simultaneous conversation]
Mr. Walter H. RobanI do not think the Minister thinks I am trying to deceive him. Hon. Michael H. Dunkley: It says page 4.
The SpeakerThe SpeakerIt is all right, Honourable Member. It is all right. It says “5” on mine as well. Anyway, I think you have it Premier, so carry on. Hon. Michael H. Dunkley: So, Mr. Speaker, he refers to the twofold approach— intervention level and action research level.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: Yes. So in regard to the action research level, Mr. Speaker, it is clear that if we do not have infrastructure that is required to deal with the challenges across the Island, we are not going to be in a very good position to focus …
Yes. Hon. Michael H. Dunkley: Yes. So in regard to the action research level, Mr. Speaker, it is clear that if we do not have infrastructure that is required to deal with the challenges across the Island, we are not going to be in a very good position to focus in on it. One of the things that I think it is appropriate that I mention here on the floor of this Honourable House this morning is the fact that Team Street Safe will have no success unless the work that they do is done with the confidence and trust and the respect of the individuals they might have to reach out to. So thus, Mr. Speaker, it takes a special type of person to get involved in the work that takes place. And it is cri tical for them to have as much information about var ious challenges in various zones throughout the Island so they can deal with sub -tenets of what might take place in various areas. Because, obviously, the gang culture, Mr. Speaker, is one that changes quite fluidly with new people getting involved or young people be-ing recruited to it. So research directs them to put t heir resources in the best areas to impact young people in a positive way.
The SpeakerThe SpeakerThank you. The Chair recognises the Leader of the O pposition. Hon. Marc A. R. Bean: I am going to pass.
The SpeakerThe SpeakerYes. Did you have a supplementary, Honourable M ember?
The SpeakerThe SpeakerThe Member behind you has a supplementary.
Mrs. Kim N. WilsonSince the implementation of Team Street Safe in May of 2013, realising the objectives as identified in this Ministerial Statement, the Honourable Premier, Minister, could indicate to this Honourable House, as well as the members of the public, what provisions of employment, changes in living arrangements, educational opportunities and family …
Since the implementation of Team Street Safe in May of 2013, realising the objectives as identified in this Ministerial Statement, the Honourable Premier, Minister, could indicate to this Honourable House, as well as the members of the public, what provisions of employment, changes in living arrangements, educational opportunities and family support services have been provided to these gang members known as proven risk individuals.
The SpeakerThe SpeakerPremier. [Pause] Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I was just making a note of all those comments by the Honourable Member. I am happy to bring those back because I do not have the exact details with me.
The SpeakerThe SpeakerThank you, Honourable Premier. Leader of the Opposition, you have a question? SUPPLEMENTARY Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, it would be agreed that gang violence does not occur in a vacuum, either in Berm uda or outside of this jurisdiction. My question to the …
Thank you, Honourable Premier. Leader of the Opposition, you have a question?
SUPPLEMENTARY
Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Mr. Speaker, it would be agreed that gang violence does not occur in a vacuum, either in Berm uda or outside of this jurisdiction. My question to the Honourable Premier is, Have the Government or p olice identified the persons or groups who are behind, supporting, or facilitating gang violence? In other words, have the police or Government identified the cause rather than reacting to the effects of gang vi olence? 536 12 February 2016 Official Hansard Report
Bermuda House of Assembly
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Mr. Speaker, I will answer that question in two ways. One is the identification of individuals is up to the police. The cause of gang vi olence has been identified over the past number of years, [and] as Honourable Members on that side will understand, …
Premier.
Hon. Michael H. Dunkley: Mr. Speaker, I will answer that question in two ways. One is the identification of individuals is up to the police. The cause of gang vi olence has been identified over the past number of years, [and] as Honourable Members on that side will understand, that cause has changed from tim e to time. And quite often, there will be the most serious, such as turf warfare- type thing, to minimal stuff just about personalities and issues that they might have.
The SpeakerThe SpeakerYes. Hon. Marc A. R. Bean: Thank you, Mr. Speaker. That response was agai n—
The SpeakerThe SpeakerSir, a supplementary? SUPPLEMENTARY Hon. Marc A. R. Bean: Yes, supplementary. That response again is speaking to the effects. I asked the Premier, as the Minister of National Security, would he be aware of any efforts by the p olice to identify the groups or persons behind or facil itating—facilitating …
Sir, a supplementary?
SUPPLEMENTARY
Hon. Marc A. R. Bean: Yes, supplementary. That response again is speaking to the effects. I asked the Premier, as the Minister of National Security, would he be aware of any efforts by the p olice to identify the groups or persons behind or facil itating—facilitating gang violence?
Hon. Michael H. Dunkley: Mr. Speaker, that is a question that needs to be asked directly to the police. As the Honourable Member is aware, the Government does not get involved in those investigative- type operations.
The SpeakerThe SpeakerThank you. Yes, the Chair will recognise now the Honourable Member from constituency 36. You have a question, correct? QUESTION 1 : ADDRESSING INCREASE IN SERIOUS CRIMES Hon. Michael J. Scott: I do have my question, to the Minister of National Security. Referring the Premier to page 3 of his …
Thank you. Yes, the Chair will recognise now the Honourable Member from constituency 36. You have a question, correct?
QUESTION 1 : ADDRESSING INCREASE IN SERIOUS CRIMES
Hon. Michael J. Scott: I do have my question, to the Minister of National Security. Referring the Premier to page 3 of his Stat ement, where he acknowledges that one of the several causes of gang violence is the fact that crimes of vi olence are being committed in the name of meeting desperate need, which the Minister also acknowledg-es as unacceptable. Is it not also unacceptable that the OBA Go vernment’s policies of austerity, which materially contribute to the social –economic stresses on the cit izens, are also unacceptable? The Spe aker: Premier? Hon. Michael H. Dunkley: Not at all, Mr. Speaker. I am not going to go down that road of speculation for those Honourable Members. I think it is totally incor-rect.
The SpeakerThe SpeakerYes. The Chair will recognise the Honourable Member from const ituency 21. Do you have a supplementary? SUPPLEMENTARY
Mr. Rolfe CommissiongYes, Mr. Speaker. Thank you. Can the Minister and Premier shed any light on why this phenomenon is ring- fenced around Bermuda’s black community?
The SpeakerThe SpeakerPremier. Hon. M ichael H. Dunkley: Mr. Speaker, this is a most unfortunate situation that we face. And this Gover nment is willing to work with members in the community to make sure we eliminate it as much as we can. I do not know all the members who are …
Premier.
Hon. M ichael H. Dunkley: Mr. Speaker, this is a most unfortunate situation that we face. And this Gover nment is willing to work with members in the community to make sure we eliminate it as much as we can. I do not know all the members who are involved in this type of activity, and I am not going to speculate how they got there, who they are, and where they live. We will continue to provide the police with the support that they require, and we will continue to work with all community partners to breathe hope into those i mpacted areas and individuals.
The SpeakerThe SpeakerThank you, Premier. Yes, you have a supplementary? SUPPLEMENTARY
Mr. Rolfe CommissiongYes. If the Premier and his Government are not prepared to look into how [gang members] got there, who they are, what are the factors which are informing this phenomenon, which is disproportionately impacting the black community, how can we or the people of Bermuda have any co nfidence that …
Yes. If the Premier and his Government are not prepared to look into how [gang members] got there, who they are, what are the factors which are informing this phenomenon, which is disproportionately impacting the black community, how can we or the people of Bermuda have any co nfidence that we are going to have a long- term sustai nable solution to this issue? The Spe aker: Premier.
Hon. Michael H. Dunkley: Mr. Speaker, that was a speech. I do not agree with his assertion. We are pr epared to do what is required.
The SpeakerThe SpeakerThank you, Premier. The Chair will recognise the Honourable Member from constituency 18. Yes. SUPPLEMENTARY
Mr. E. David BurtThank you very much, Mr. Speaker. And, Mr. Speaker, I would ask as a supplementary, Bermuda House of Assembly because the Honourable Premier just took his seat. And he said that, We will do what is required. So does that mean that the Honourable Minister, or the Honourable Premier, will …
Thank you very much, Mr. Speaker. And, Mr. Speaker, I would ask as a supplementary,
Bermuda House of Assembly because the Honourable Premier just took his seat. And he said that, We will do what is required. So does that mean that the Honourable Minister, or the Honourable Premier, will direct his Government and his Minister of Finance to make available the resources which are necessary on the grounds to intervene to make sure that we rebuild our schools and to make sure that our students are getting the best education so they do not fall into a life of violence? Will he make that commitment? As he said, We will do all that is necessary.
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Well, Mr. Speaker, I am quite surprised at the Honourable Member’s co mment, because quite often what we hear coming from that side is, It is not all about money. But that is all they appear to be talking about nowadays, Mr. Speaker. We are …
Premier.
Hon. Michael H. Dunkley: Well, Mr. Speaker, I am quite surprised at the Honourable Member’s co mment, because quite often what we hear coming from that side is, It is not all about money. But that is all they appear to be talking about nowadays, Mr. Speaker. We are committed to providing the r esources within the context of what is required. An d we will get into that detail more next week with the Budget Debate.
The SpeakerThe SpeakerThank you. Thank you, Premier. Are there any other questions on that? The Chair will recognise the Honourable MP Burt.
Mr. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, pursuant to Standing Orders, as I had informed you earlier there was a question that was deferred from a previous sitting to the Minister of Finance regarding the compensation that was given to the members of the . . . I want …
Thank you very much, Mr. Speaker. Mr. Speaker, pursuant to Standing Orders, as I had informed you earlier there was a question that was deferred from a previous sitting to the Minister of Finance regarding the compensation that was given to the members of the . . . I want to say “ financial, ” but not Financial -ability Board, but the people who came with the report. Could I ask . . . of course, the Honour-able Minister is not here, but the question that was asked was about their compensation. I have received the answer, but I was hoping that the Minister would read the answer so that it could be entered into the public record and would ask that that question be deferred to another sitting when the Honourable Minister is present.
The SpeakerThe SpeakerRight. Okay. But you have it. You have it?
Mr. E. David BurtI have the answer, but I would like the answer to be read into the public domain so the public can hear it.
The SpeakerThe SpeakerWe move now to congratulatory and/or obituary speeches. And I will recognise the Honour able Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, on behalf, I am sure, of all colleagues of this Honourable House, I would like to extend condolences to a colleague of ours, MP …
We move now to congratulatory and/or obituary speeches. And I will recognise the Honour able Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, on behalf, I am sure, of all colleagues of this Honourable House, I would like to extend condolences to a colleague of ours, MP Kenny Bascome, from constituency 1, on the recent passing last week of his brother, Earl Harley Simmons. I would like this Honourable Chamber to send condolences to Kenny’s mother and Earl’s mother and to the rest of the family —Lynette, Melody, Eugene, and Candy Lee. A most unfortunate and tragic passing of Mr. Si mmons. Mr. Speaker, I reflect back on the passion and the enthusiasm of our colleague from the East End, and the tragedy that he has had in the past year in his life, and this must be especially tough, so soon after losing his beloved wife, to lose a brother. And, Mr. Speaker, I would ask that this Honourable Chamber send condolences to MP Bascome and his entire family, and hopefully that our thoughts and prayers provide him the strength and comfort to get through this difficult period, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you. Thank y ou, Honourable Member. The Chair will recognise the Leader of the Opposition. MP Marc Bean, you have the floor. Hon. Marc A. R. Bean: Thank you, Mr. Speaker. On behalf of the officers and Members of the Progressive Labour Party, I rise today to offer our …
Thank you. Thank y ou, Honourable Member. The Chair will recognise the Leader of the Opposition. MP Marc Bean, you have the floor. Hon. Marc A. R. Bean: Thank you, Mr. Speaker. On behalf of the officers and Members of the Progressive Labour Party, I rise today to offer our deepest condolences to the family of a queen and empress of the West End and a stalwart of the PLP who has recently passed, Ms. Marita Thompson, of Spring Benny. Yes, Mama Thompson has gone to glory. Mr. Speaker, as you will know, Ms. Thom pson, or Mama Thompson, who was our banquet chairwoman over the years, in addition to other activi-ties, but she was a true dyed- in-the-wool PLP supporter and servant of our community. Our prayers go out to her son, Captain Senior Branch Pilot, Mr. Mario Thompson, and also to the entire family of the Baileys and Thompsons in the West End, and her daughter, yes (I am sorry).
[Inaudible interjections] Hon. Marc A. R. Bean: Sister Zoleta . And, Mr. Speaker, I also would like us to take note of the fact 538 12 February 2016 Official Hansard Report
Bermuda House of Assembly that Mama Thompson and that family just recently buried a good friend of mine, Mr. Trevor Hugh Bailey. So I also take this opportunity to offer condolences again to the entire family for a double loss. Many of us cannot imagine what they are going through, but I would like for the family to know, on behalf of the PLP, you have our support, and we will be there through thick and thin. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 2. MP Nandi Outerbridge, you have the floor.
Ms. Nandi OuterbridgeMr. Speaker, I would like to ask this Honourable House if they can join me in send ing congratulations to Mr. Aaron Burgess, who has recently signed a contract, a professional football contract, with Huddersfield Town football club. I am going to associate the entire House with these r emarks. …
Mr. Speaker, I would like to ask this Honourable House if they can join me in send ing congratulations to Mr. Aaron Burgess, who has recently signed a contract, a professional football contract, with Huddersfield Town football club. I am going to associate the entire House with these r emarks. Mr. Burgess will be joining Nahki Wells, who currently plays for Huddersfield out there. And this is a remarkable achievement, and clearly a testament to his hard work and dedication and his sacrifice that he and his family have made. This accomplishment will continue to be an inspiration to Bermudians, and I think, you k now, recognising young black males and role models for Bermudians always should be done. He will continue to be uplifted by our community, and he can rest assured that he has our entire support throughout his journey. So I just want to let him know that we are very proud of him and wish him very great success. And I will personally be following his career with much enthus iasm and excitement. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member f rom constituency 36, the learned Member, MP Michael Scott. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, may I ask this House to send condolences to the family of Mrs. Margaret Veronica Manders, of School Crescent …
Thank you, Honourable Member. The Chair will recognise the Honourable Member f rom constituency 36, the learned Member, MP Michael Scott. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, may I ask this House to send condolences to the family of Mrs. Margaret Veronica Manders, of School Crescent in Sandys, particularly to her daughter, Jennifer. And the Sandys Members, the Honourable Member, Mr. Lister; the Honourable Member, Shadow Minister of Sports, Mr. Michael Weeks; and Mr. Jamahl Simmons.
[Inaudible interjection] Hon. Michael J. Scott: Margaret Manders. Yes, she died on Sunday. Sir, when the Opposition Leader spoke of our loss of a great sister of the struggle, Ms. Thompson, certainly Mrs. Manders, in her role as an educator, I know, Mr. Speaker, that you will have r espected her trailblazing efforts there at the West End Primary School and across our community, educating our children. Mrs. Margaret Manders was a sister in the struggle as well. And so we ask that the House send condolences to her family on the passing of this 91-year-old lady of School Crescent. On a note of congratulations, Mr. Speaker, may I ask that this House send a note of congratul ations to one of our octogenarians, Ms. Dyer, Ms. Kat hlyn Dyer, to her daughters and sons. Certainly, we know Edward Dyer and Kathleen Dyer, and Mrs. Lorna Sirjusingh, . That is Mr. Sirjusingh’s spouse. On the occasion of her achieving these wonderful milestones. Thanks, sir.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will now recognise from constituency 28, MP Jeff Sousa. You have the floor.
Mr. Jeff SousaGood morning, Mr. Speaker and colleagues in the House, and those in the listening aud ience. I rise this morning to ask the House to send condolences to [the family of] Benjamin Sousa, my uncle. Most people knew him as Benny. He certainly was quite a character. I would like …
Good morning, Mr. Speaker and colleagues in the House, and those in the listening aud ience. I rise this morning to ask the House to send condolences to [the family of] Benjamin Sousa, my uncle. Most people knew him as Benny. He certainly was quite a character. I would like in particular to send condolences to my Aunt Linda; cousins, Frances, Mark, Terry, Jackie and Philip; and his adopted son, Noel Landy. And of course, I would also like to send condolences to my father, George Sousa, as well as my Aunt Eileen. You could truly write a book about Benny Sousa. He left school at a very early age to work. His father, my grandfather, forced him to work as a man. When he was in the army at 17 years old, he never collected his paycheque because he was not patient, because his last name was Sousa. So he collected his pay at the end. And with that pay, he built his first house. And from that, he went on to build many hous-es and own many properties in Bermuda from a very humble beginning. He wanted to own his own building in town; he did. He called it the Sousa Building. Many might not know, but the Sousa estate in Devonshire is named after my Uncle Benny. Many will recall seeing him hanging out at the Riddell’s Bay gas station, which he owned at one time, many times with no shirt on and no shoes on, with of course his cigar or pipe in his mouth. Likewise, people would have seen him outside of his home on the South Shore, Embargo, which he liked. And of course, that was in Southampton, but I assure all: Benny Sousa was truly a Warwick boy.
Bermuda House of Assembly He was very passionate about riding horses. He both raced them and showed them. And of course, even at his home he had his own stables. Benny was one of the first taxi drivers in Bermuda at a time that there were no regulations in place. So he drove 24/7, and he charged what he wanted.
The SpeakerThe SpeakerAll right. You are going to have to wrap up, Honourable Member.
The SpeakerThe SpeakerThree minutes. There is no bell, no.
Mr. Jeff SousaOkay, oka y. All right. But on that note, I would like to associate Honourable Members Leah Scott, Glen Smith, Cole Simons and Pat Gordon- Pamplin, as well as . . . Well, look at the whole House. Thank you very much, offi cers, Leader, the whole House.
The SpeakerThe SpeakerAll right. Thank you. The Chair will recognise the Honourable Member from constituency 16. MP Michael Weeks, you have the floor.
Mr. Michael A. WeeksThank you, Mr. Speaker. I would like to start off my remarks by assoc iating myself with the remarks by our Leader for Ms. Marita Thompson. She was very instrumental to my growth when I first came into the party, giving me a real rundown on the do’s and don’ts …
Thank you, Mr. Speaker. I would like to start off my remarks by assoc iating myself with the remarks by our Leader for Ms. Marita Thompson. She was very instrumental to my growth when I first came into the party, giving me a real rundown on the do’s and don’ts of my early c areer. And I was a schoolmate of her son, Mario. So my heart and prayers go out to the entire family. Mr. Speaker, I would also like to associate my remarks on a more positive note. Actually, I will save that for last, Mr. Speaker. Mr. Speaker, I would like the Honourable House to recognise another party stalwart and community activist whom we have lost recently, Mr. Ralph Bassett. I would like to associate all on our side. Mr. Ralph Bassett was a party stalwart, Mr. Speaker. He was one of my constituents. I did not know him before I ran for Parliament, but trust me—when I got into the House of Parliament, he was always there to give me lectures of the do’s and don’ts, something about the history of the party, and the shoulders of whom I was standing on up in that community. Mr. Speaker, he told about he was a neighbour of the Honourable Nelson Bascome, former MP in this House. But not only was he instrumental and helpful in getting the Honourable Mr. Bascome into the House, he worked with Dr. Pauulu Kamarakafego, Ottiwell Simmons, Austin Thomas, and even one of the party leaders, Walter N. H. Robinson. So this shows just how long Mr. Bassett had been a part of the PLP process, and more importantly, the communi-ty. He was also one of those who helped to develop the Friswells Hill United. So we have really lost, Mr. Speaker, a genuine community man who was not much for cameras and pictures. His work was done behind the scenes to make sure that each day could be a better one for our community. So, Mr. Speaker, as I take my seat, I would like to associate the remarks held by the Junior Mini ster of Community and Culture for the congratulatory remarks for Mr. Aaron Burgess. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise Deputy Speaker, from constituency 4. MP Roberts -Holshouser, you have the floor.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker, and good morning. I would like to have the House recognise and send condolences to the family of an individual whose official name was Kenneth Leroy Harvey, better known across the Island, I believe, as “Lee” Harvey from ZFB.
Some Hon. Members Some Hon. MembersOh yeah.
Mrs. Suzann Roberts -HolshouserThe House, I believe, would like to be associated with this note of condolences. Clearly, after spending 20- some- odd years in television and media myself, Lee Harvey and I had much to say as I canvassed the streets of St. David’s, where years ago, back in the early parts …
The House, I believe, would like to be associated with this note of condolences. Clearly, after spending 20- some- odd years in television and media myself, Lee Harvey and I had much to say as I canvassed the streets of St. David’s, where years ago, back in the early parts of 2000, Lee had moved from the television station and was caring for seniors who lived on Ballast Point. Mr. Speaker, he cared for these, a senior and her son. Both of them were in dire need of having someone to assist them on their day -to-day life experiences. They were very fortunate to have Lee in their household, full of spirit, full of life and full of great stories. Lee went on to move into a seniors’ home himself. But his spirit never left him. And, Mr. Speaker, I would like all of Bermuda to remember him as the man who he was and a man who was extremely happy with his achievements through television, especially in the ear-ly days in B ermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. The Chair will now recognise the Honourable Member from constituency 15. MP Walter Roban, you have the floor.
Mr. Walter H. RobanThank you, Mr. Speaker. It is unfortunate I have to bring so many condolence messages, but over the time that we have been on break, a number of persons in my constit uency of some high regard have passed. Firstly, I would like to ask a message of condolence be …
Thank you, Mr. Speaker. It is unfortunate I have to bring so many condolence messages, but over the time that we have been on break, a number of persons in my constit uency of some high regard have passed. Firstly, I would like to ask a message of condolence be noted for Cornelia Tweed, the wife of Cedric Tweed. Pem540 12 February 2016 Official Hansard Report
Bermuda House of Assembly broke East is the homestead of the Tweed family, and this would include more noted members of the Tweed family, such as Nicholas Tweed, his father, who we all know was instrumental in the 1959 boycott. It is where the Tweed family’s heritage resides in the Nort h Shore. And Cornelia and her husband, Cedric, had a long marriage, which many of you will know was cel ebrated in the newspapers very recently, over the past year, like 60 or 70 years of marriage. And he was a long-standing member of the Regiment. So, her passing, for many in the community, was quite heartfelt. The other two persons (since I have a few to do, I do not want to belabour on just one), Ms. Lois Bernice Grizzle, another lady whom many would have seen. There was an article about her in the paper . She was also a resident of the Pembroke East area and was a noted member of the Public Transportation Department for many years, also known for her love for animals. Quite an impressive lady. We would say she was a tough lady, a very tough lady, tough and resilient, but a great personality and was very encour-aging to me as I had to do my work through the con-stituency. She [passed away]. The other is a lady whom you will see is noted in the paper today, Dorothea “Thelma” Elaine Trott, known by many as Miss Pearman, who lived on the North Shore. Acclaimed member of St. John’s Ambulance, and it was impressive to be at her funeral, b ecause basically the leadership of St. John’s Ambu-lance Brigade was there to give her tribute at the Grace [Methodist] Church. That is how well regarded she was for her service over the years to St. John’s Ambulance, and was considered part of the old school of members who gave great service to St. John’s through their lives. So these three wonderful ladies, pillars of the Pembrok e East North Village community, have seen their glory, and I would like for us to have a warm condolence message and record for them. Thank you very much.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 14. MP Glen Smith, you have the floor.
Mr. Glen SmithThank you, Mr. Speaker. I would like condolences sent today to the family of Andrea Burgess.
An Hon. Member An Hon. MemberYou ask to be associated.
Mr. Glen SmithI would like to associate the whole House, because I think it is well deserved; there is no doubt about that. As I said, I would like to send condo-lences, particularly to her daughter, Ebonie Burgess, and her granddaughter, Ryann. And she was prede-ceased by her two sons, twins I …
I would like to associate the whole House, because I think it is well deserved; there is no doubt about that. As I said, I would like to send condo-lences, particularly to her daughter, Ebonie Burgess, and her granddaughter, Ryann. And she was prede-ceased by her two sons, twins I believe they were, Ryan and Stefan Burgess. I first met Andrea at Rum Runner’s bar when she was a bartender. And in those days, I also had a summer -evening trotting horse- and-carriage for on the weekends. I was looking for another hustle. She said, Boy, I can get you a job bartending on Kitson’s boats, the Georgianna or the Elizabeth. I’ll teach you how to bartend. And I had not had a clue how to make a drink. The only thing I could do was open a bottle of beer and pour a glass of wine, yet alone learn how to make a vodka martini. But she went beyond and showed me how to make that, and got me my additional hustle. And the next thing I ran into Andrea was on the campaign trail. And those in this house who know Andrea, she was a larger -than- life character, not only in stature, but person, personality. And her home was everybody’s home. It was always wide open to an ybody who stopped by. So I was very fortunate to be able to meet and actually work with Andrea and spend time with her daughter, Ebonie, and her granddaughter. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 33. MP Jamahl Simmons, you have the floor.
Mr. Jamahl S. SimmonsI rise today to give condolences to [the family of] Mr. Hilton “Chickty” Binns. And I would like to associate all of the Members of the western parishes in the Progressive Labour Party with this. He was a stalwart, a strong supporter of the Pr ogressive Labour Party. He began …
I rise today to give condolences to [the family of] Mr. Hilton “Chickty” Binns. And I would like to associate all of the Members of the western parishes in the Progressive Labour Party with this. He was a stalwart, a strong supporter of the Pr ogressive Labour Party. He began his participation throughout the process as a member of the Black B eret Cadre. He was a person who would always love to reach out to the young people and instruct them and teach them about Malcolm X, Che Guevara, the var ious freedom fighters around the world. And whenever I saw him out canvassing and he would say to me, Hey, young- blood, you taken this Government yet? He was a person, a larger -than- life character, loved by many. A nd we will truly miss him in our community. Mr. Speaker, I associate all my colleagues with this. Mr. Speaker, I also rise to pay condolences to [the family of] Trevor Bailey, of Sandys. I associate with their Leader’s comments. Trevor Bailey and I, I first met him when I was three years old in kindergarten at Ms. Brangman’s nursery. And Trevor for all his life suffered from a disease called Job’s disease , and the disease is named after Job from the Bible. And despite the suffering that this disease gave him
Bermuda House of Assembly throughout his life, he was a man of spirit, he was a man of joy, he was a man of happiness. You would never have known what he went through in his life. And he will be truly missed.
An Hon. Member An Hon. MemberNo, no. [Inaudible interjection and laughter]
Mr. Jamahl S. SimmonsAh, okay, okay, okay. Well, we all cannot be perfect, can we? Mr. Speaker, I would also like to join in the condolences [to the family of] brother Lee Harvey. I also spent some years at ZBM, and my fondest memory of Lee was not from broadcasting, because he was …
Ah, okay, okay, okay. Well, we all cannot be perfect, can we? Mr. Speaker, I would also like to join in the condolences [to the family of] brother Lee Harvey. I also spent some years at ZBM, and my fondest memory of Lee was not from broadcasting, because he was a phenomenal mentor and always had time for people from within the industry. But it was on the byelection day when he came, in his wheelchair, lifted out of the cab by the OBA’s Rodney Smith, wearing every type of PLP paraphernalia you can imagine. He had things I did not even know that they made in PLP colours or PLP logo. But he was bedecked! And he came. And my first words when I was elected, my tribute to him was, And I’m back. Mr. Speaker, I would also like to pay tribute to Margaret Manders, Mrs. Margaret Manders, a woman of refinement and dignity. She was my school princ ipal. I believe she actually succeeded my grandfather at West End, and I will leave you with a brief memory. I remember once we were feeling a little mischievous in assembly. And she was trying to teach us the song, Who Built the Ark? We were supposed to say, Noah! Noah! But we were being a little comical that day and said, No one! No one! And she had no tolerance for that. Now I, of course, pled my innocence in participating in these shenanigans. But she said, as my gran dfather taught her, The innocent must suffer with the guilty. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Minister for Community and Cultural Affairs. Minister Gordon- Pamplin, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I would ask that this Honourable House join me in sending condolences to the family …
Thank you, Honourable Member. The Chair will now recognise the Honourable Minister for Community and Cultural Affairs. Minister Gordon- Pamplin, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I would ask that this Honourable House join me in sending condolences to the family of Harry Repose Mello, of Cobb’s Hill. Harry I have known since I was probably seven or eight years old, Mr. Speaker, as he worked for Stop and Shop in their liquor department when it was where the youth library now is on Church Street, and when we would have to go over to the shop to be able to get our little grocery purchases for my mom. And Harry, because we were little, made sure that we were able to cross the street safely in getting back on the other side to go through the alley and to return home. Harry died last Saturday in what I deem to be very prematurely. He was quite a young man by comparison. And I would ask that this Honourable House send condolences to his wonderful wife, Dollie, as she goes through this challenging time. I would also like to ask that this Honourable House send condolences to the family of Charles Leroy Riley, who lost his wife, Dorothy, yesterday, Mr. Speaker. And I would like to associate the entire Members of the House of Assembly. Mrs. Riley was the wife of Charles Leroy Riley, who is quite an acti vist in terms of his political expressions. And I can tell you that, notwithstanding that we did not see eye -toeye politically, Mr. Riley and I were cer tainly always able to have good conversation, respectful convers ation, recognising the differences that we had. And I would just ask that condolences be sent to that family. Mrs. Riley was actually the grandmother to the chi ldren of my personal assistant at the Ministry of Com-munity, Culture and Sport. And I would ask that their family be sent our condolences. I would also ask that this Honourable House send congratulations to Mrs. Alona Lambert -Simons, who celebrated a magnificent 105 years of living. The 21 st of January was actually her birthday. She resides at the Matilda Smith Williams home. She is still able to communicate and converse with people, and she is an absolutely lovely lady. And I would just ask that this Honourable House join me, and I am sure that the Premier would want to be associated with those r emarks, as he was able to go down and congratulate her on her 105 th. As well as Mrs. Steede, Ismay Steede, from St. George's, who celebrated her 100th birthday while the House was in recess. And she is of St. George's. She is the mother to one of the people with whom I worked for my very first job, Leslie Ming, and I believe she is grandmother, if not great -grandmother, to a Senator who sits in the other place—grandmother to Senator Ming, who sits in the other place. So I would ask that this House join me. And let me just briefly say, with respect to associating myself with the condolences to the family of Benny Sousa, he is somebody whom I have known, Mr. Speaker, for 50 years. He was one of the very good friends of Benny Rego, of Rego Ltd., who gave me my first job. I started working for Benny Rego in January of 1966 and met Benny Sousa that very next month. So we go back 50 years. And his younger son, Philip, was quite an avid tennis player and had lots of competitive times against my son, my younger son, Kareem . So I would ask that I be associated with those condol ences. Thank you, Mr. Speaker.
542 12 February 2016 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you. thank you, Honourable Member. The Chair will now recognise the Honourable Member, the Opposition Whip, from constituency 3, MP Lovitta Foggo.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Mr. Speaker, I stand to give condolences firs tly to the family of Melvin Minors, a well -known pilot from the Eastern area. He was branch pilot for more than about 40 years, and certainly the St. David’s community mourn his loss. I would like to …
Thank you, Mr. Speaker. Mr. Speaker, I stand to give condolences firs tly to the family of Melvin Minors, a well -known pilot from the Eastern area. He was branch pilot for more than about 40 years, and certainly the St. David’s community mourn his loss. I would like to be associated with the condolences given for Andrea Burgess. I have known An-drea Burgess for almost all of my life. She was the best friend to my niece, who is the same age as I am. And so, we often got around together. Mr. Speaker, I would like condolences to go out to the Trott family in St. David’s. Stevie Trott, who was my next door neighbour down in Cove Valley. Certainly, he was a very young man, and he was as-sociated with the Public Works Department. So I will go ahead and associate the Minister of Public Works, the Honourable Craig Cannonier (and the Honourable Pat Gordon- Pamplin), because he did come out and express his condolences with the family. All I can say is that such a young life . . . He was only 32 years old. He had just turned 32. And he is a tremendous loss to his family. And, Mr. Speaker, last but not least, I would like to be associated with the congratulatory remarks for Ms. Ismay Steede. Ms. Steede celebrating 100 years. I can say it was a wonderful celebration down on King’s Square in St. George's. That was a couple of days before her birthday, but when she did in fact turn 100 on the Tuesday (I think it was January the 27 th), on the Tuesday following her birthday celebr ation, when she actually did turn 100, I think one of her first words to some of her family members were, I made it! And she did make it.
[Inaudible interjection]
Ms. Lovitta F. FoggoYes, and she did speak about her having at least one glass of Dark ’N Stormy every day. Now, I was never there to witness that. A Mem-ber from somewhere else can speak to that more i ntimately. But I can say this, though. She is a figure well known …
Yes, and she did speak about her having at least one glass of Dark ’N Stormy every day. Now, I was never there to witness that. A Mem-ber from somewhere else can speak to that more i ntimately. But I can say this, though. She is a figure well known to all St. Georgians, and I definitely can say that I hope that I will look like her, have her att itude when I get there. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Minister for Transport. The learned Member, Mr. Shawn Crockwell, you have the floor. Hon. Shawn G. Crockwell: Thank you, Mr. Speaker. Mr. Speaker, I rise on a very sad and tragic note to ask this Honourable House to send …
Thank you, Honourable Member. The Chair will now recognise the Honourable Minister for Transport. The learned Member, Mr. Shawn Crockwell, you have the floor.
Hon. Shawn G. Crockwell: Thank you, Mr. Speaker. Mr. Speaker, I rise on a very sad and tragic note to ask this Honourable House to send a letter of condolences to the family of the late Mr. Philip Benj amin James, a very young man, Mr. Speaker, who was only 21 years old, who tragically lost his life on the 26 th of December. Clearly, a horrific time to have a loss like that in any family, but particularly someone so young. I had the opportunity to meet with his gir lfriend’s mother, who was so distraught by it, she called. She wanted to talk about, of course, road saf ety matters. She said that he had just been in her home the day before. And so, Mr. Speaker, clearly, the day before being Christmas. And so I know the James family very well. They are well known to the Seventh Day Adventist community, Mr. Speaker. The father is Philip James, and the mother is Julieana James. Both are well -known nurses at now MAWI [Mid Atlantic Wellness Institute], Mr. Speaker. I had the pleasure of workin g with them many years ago when it was St. Brandon’s when I was a student, Mr. Speaker. And so, I would like for the Honourable House to send condolences to that family. I associate the Honourable Member, Mr. Weeks, and the Honourable Member, Mr. Sousa, with those comments, and the Honourable Member . . . I would associate the entire House for Mr. James, the whole House, Mr. Speaker. Mr. Speaker, also it would be remiss of me if I did not extend congratulations to the newest Member of this Honourable House. I do not know if this is a bad omen, but he is currently not in the Chambers, Mr. Speaker. But I did see his lovely wife earlier. And I do so particularly, Mr. Speaker, because he marks the fourth—the fourth Alpha to be in this Honourable House. And I think that that is a significant achievement for that organisation, Mr. Speaker. I state that three Members are on the opposite side of this Honourable House. I make up one of that quartet, Mr. Speaker. And so, I do think . . . I do not know if in hi story we have had such a representation from a fraternity. I know that a former Honourable Member was a Kappa, and I know that the Honourable Member across from me. But at one time, Mr. Speaker, to have four Honourable Members, the former Speaker Lowe and others . . . So it goes to show that that particular prestigious organisation certainly produces some dis-tinguished men. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constit uency — [Inaudible interjections]
The SpeakerThe SpeakerHonourable Member. [Pause] Bermuda House of Assembly The Speaker: The Honourable Member from consti tuency 21. Rolfe Commissiong, you have the floor.
Mr. Rolfe CommissiongThank you again, Mr. Speaker. Mr. Speaker, obviously, we have lost so many great Bermudians during our absence from this Chamber. And I am happy and pleased that Members were able to acknowledge the passing of these great Bermudians, and I associated with their remarks on behalf of individuals such …
Thank you again, Mr. Speaker. Mr. Speaker, obviously, we have lost so many great Bermudians during our absence from this Chamber. And I am happy and pleased that Members were able to acknowledge the passing of these great Bermudians, and I associated with their remarks on behalf of individuals such as Mr. Benny Sousa, Dor othy Riley, and Marita Thompson, two stalwarts of the Progressive Labour Party, who have worked so tir elessly to advance the cause of justice and democracy in these Bermuda Islands. The incomparable Lee Harvey, whom I knew —people talk about him as a radio personality. But as someone with a musical background, the thing I really appreciated, besides the way he presented himself on- air in such an intriguing way, was the way he seamlessly weaved together the music that he played. The music he played told a story. And Lee is going to be greatly missed. But, Mr. Speaker, allow me to address one omission amongst these great Bermudians. And that is Mr. Melvin Minors, Sr., who passed away, a long-time pilot, born and grew up in St. David’s.
Mr. Rolfe CommissiongOkay, I missed that. I may have been out of the Chamber, and I am glad to know that my colleague, Ms. Lovitta Foggo, from constit uency 3, did acknowledge him. I had a conversation with one of my in- laws the other day, who grew up in that same …
Okay, I missed that. I may have been out of the Chamber, and I am glad to know that my colleague, Ms. Lovitta Foggo, from constit uency 3, did acknowledge him. I had a conversation with one of my in- laws the other day, who grew up in that same era with him, to note that he actually followed on from his grandf ather, who was a pilot as well. I knew Mr. Minors, gro wing up at Spanish Point, being born up there. He was then living in Spanish Point, and I was always around his house with his son, whom I knew very closely. Mr. Minors, along with Dorothy Riley and Marita Thom pson, was a staunch supporter of the PLP and always was very personally supportive of myself and in terms of my poli tical career. So, again, I associate myself with those remarks. And all of those individuals will be a great miss to the Bermudian community. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Minister for Economic Development, Dr. Grant Gibbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I am also rising on a sad note, to ask that condolences be sent to the …
Thank you, Honourable Member. The Chair will now recognise the Honourable Minister for Economic Development, Dr. Grant Gibbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I am also rising on a sad note, to ask that condolences be sent to the family of Scott Carswell, particularly to his wife, Kathryn Siggins. Honourable Members may know Scott as someone—he certainly passed before his time—who worked for many years for the MarketPlace. He was an account-ant by training and in his early 60s. Honourable Member Leah Scott would like to be associated as well. Anyway, a very sad situation, but I would ask that condolences be sent to his mother as well, who out-lived him, as well as his children. While I am on my feet, Mr. Speaker, I would also like to be associated with the condolences to the family of the late Harry Mello. Back in the day, as my honourable colleague mentioned, he did work for Stop and Shop. But for many, many years he continued to work for Burrows, Lightbourn Limited in a variety of roles over there. And as the Honourable Min ister said, he was certainly taken before his time as well. I would ask that condolences to be sent to his wife, Dollie. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Members care to speak? The Chair will recognise the Honourable Member from constituency 35. MP Lister, you have the floor. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, it is so fitting that I rise to my feet to join …
Thank you, Honourable Member. Would any other Honourable Members care to speak? The Chair will recognise the Honourable Member from constituency 35. MP Lister, you have the floor.
Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, it is so fitting that I rise to my feet to join in the condolences that have already been expressed to the Bailey family on not only the loss of Aunt Marita as a matriarch, but for Trevor as well. Mr. Speaker, yourself as a Somerset man would know the impact that the Bailey family has in Somerset, and the respect that the family has. And the community is truly sharing in the loss to this family, Mr. Speaker. And I am combining both in one, Mr. Speaker, because the family is touched in such a short period of time to have lost both family members. Trevor, you would know, Mr. Speaker, has had challenges throughout his life with his health, but he never allowed that to hold him back. At his funeral, you would have been impressed. You were impressed, Mr. Speaker, as we sat together that day, impressed by the accomplis hments that he achieved in his life in spite of his health challenges and the impact that he had on those whom he gave of himself to in his capacity as an accountant and working with different organisations in the com-munity to bring his talent to their service. And, Mr. Speaker, that speaks to the Bailey family itself. As you know, Marita likewise always gave herself to us in the community. She was always there to lead out in different events that took place. And she was one of those, Mr. Speaker, that we knew if there was a good cause in the community to be done, we could call on Marita to help us with that effort. So her presence will not only be missed in her family, but tr u544 12 February 2016 Official Hansard Report
Bermuda House of Assembly ly through the community of Sandys, as well, Mr. Speaker, and I thought it was fitting that I add my r emarks to those that have been expressed. Whilst on my feet, I would also like to be associated with the remarks that were expressed to the James family on the loss of their young son, Mr. Speaker, to a tragic bike accident. And again, Mr. Speaker, losing a young son can just be . . . It must be one of those experiences that really rips at the heart of a family. So we will continue to keep that family in our minds and be with them during this period, Mr. Speaker. And just associate me with those remarks that have already been expressed. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Members care to speak? The Chair will recognise the Honourable Member from constituency 18. MP David Burt, you have the floor.
Mr. E. David BurtThank you very much, Mr. Spea ker. Mr. Speaker, on a matter of condolence, on the first item, I would like to extend condolences to the family of one of my constituents, Ms. Helen Burgess, who passed away over the holiday period. And she passed away in her 89 th …
Thank you very much, Mr. Spea ker. Mr. Speaker, on a matter of condolence, on the first item, I would like to extend condolences to the family of one of my constituents, Ms. Helen Burgess, who passed away over the holiday period. And she passed away in her 89 th year of life. So I would like condolences to be passed on to her children, Joanne, Savannah, Butch, Wanda, and of course, Brent Burgess, whom many of us will know. Secondly, Mr. Speaker, I would also like to associate myself with condolences offered earlier by the Honourable Leader of the Opposition to Ms. Mar ita Thompson. My wife and I were very saddened to hear the news of her passing yesterday. And one thing that, as people were going around and sending pictures last night, there was a photo that was sent of a recognition ceremony for her that was held by the Progressive Labour Party in 2013. And I thought it was quite fitting that the PLP found it necessary and we said that we have to make sure that we honour and remember our stalwarts and those who have worked so hard to get us where we are while they are still with us. So I am just grateful that we had that op-portunity to celebrate with her. And I associate myself to pass on the condolences to her family, her immediate family and her extended family, of which there are very many. On a final note, Mr. Speaker, I would like to extend congratulations, and I would like to extend congratulations to the Honourable Premier for having the courage to bring a Statement to this House earlier today, a Ministerial Statement, because it seems as though he is the only one inside of this Government who is willing and able to do so. And his Statement said, you know, that crime was going up. And I would also say it is a shame that his fellow Minister, the Mi n-ister responsible for Tourism, did not have the courage to bring a Statement — Hon. Trevor G. Moniz: Mr. Speaker, Mr. Speaker, point of order. Point of order.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER Hon. Trevor G. Moniz: He is just delivering a political speech. It is not a congratulations or condolence. He is being very cynical in this and bringing the House down. [Inaudible interjections]
Mr. E. David BurtThank you, Mr. Speaker. And as I said, Mr. Speaker, I would like to congratulate the Premier for having the courage to come to this House and deliver bad news. And one would hope that the Honourable Minister responsible for Tourism would come to this House, deliver the news that …
Thank you, Mr. Speaker. And as I said, Mr. Speaker, I would like to congratulate the Premier for having the courage to come to this House and deliver bad news. And one would hope that the Honourable Minister responsible for Tourism would come to this House, deliver the news that air arrivals hit a 49- year low. Thank you.
The SpeakerThe SpeakerAre there any other Honourable Members who would . . . [Inaudible interjections]
The SpeakerThe SpeakerHonourable Members! Would any other Honourable Member care to speak? [No audible response]
The SpeakerThe SpeakerSo that will conclude the Congratulat ory and/or Obituary Speeches. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS The Sp eaker: There are none. Bermuda House of Assembly NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS OPPOSITION BILL
The SpeakerThe SpeakerWe have an Opposition Bill. The Chair will recognise the Honourable Member from constit uency 6. Hon. Wayne L. Furbert: Mr. Speaker, I am going to ask the House, instead of putting it under Opposition Bills, I am going to put it under Private Members’ Bills.
The SpeakerThe SpeakerUnder a Private Members’ Bill? Hon. Wayne L. Furbert: Yes.
The SpeakerThe SpeakerAll right. That will be quite fine. So therefore, yes. FIRST READING HUMAN RIGHTS AMENDMENT ACT 2016 Hon. Wayne L. Furbert: All right. Mr. Speaker, I move for leave to introduce and read for the first time by its title a Bill entitled the Human Rights Amendment Act 2016 so …
All right. That will be quite fine. So therefore, yes.
FIRST READING
HUMAN RIGHTS AMENDMENT ACT 2016 Hon. Wayne L. Furbert: All right. Mr. Speaker, I move for leave to introduce and read for the first time by its title a Bill entitled the Human Rights Amendment Act 2016 so that it may be placed on the Order Paper for the next day of meeting.
The SpeakerThe SpeakerThank you. Any objections to that? Thank you, Honourable Member. Thank you. Yes, sir?
The SpeakerThe SpeakerHonourable Member, Honourable Member, I do not think . . . Honourable Member, you have not been to see me about any Bill, sir. So I am afraid I cannot allow that to go on right now.
Mr. E. David BurtMr. Sp eaker, pursuant to Standing Orders, specifically Standing Order 28(1), “any Member may move for leave to introduce and read a Bill for the first time by its title, which motion shall be put down forthwith and decided without amendment or debate.” There is no notice provision required —
The SpeakerThe SpeakerThank you. Thank you for that, Honourable Member.
The SpeakerThe SpeakerLet me just say that Honourable Members will know and would have received a notice from the Clerk in regard to matters to be placed on the O rder Paper. In fact, there have been several matters which are not coming forward today, as in, if you look in the …
Let me just say that Honourable Members will know and would have received a notice from the Clerk in regard to matters to be placed on the O rder Paper. In fact, there have been several matters which are not coming forward today, as in, if you look in the Standing Orders as well, when you look under Standing Order 57 it actually asks that all matters to be placed on the order sheet should be to the Clerk by Wednesday . So, Honourable Member, Leader of the O pposition, you had a point to make? Hon. Marc A. R. Bean: Mr. Speaker, we take your posit ion. And we are considering whether or not we would look to table or introduce the Bill at the next sitting.
The SpeakerThe SpeakerOkay. Fine. Thank you. Thank you, Honourable Member. And the next matter, or Private Members’ Bill, I think that is carried over as well.
An Hon. Member An Hon. MemberIt has been carried over.
The SpeakerThe SpeakerThat is not going to be introduced t oday. ORDERS OF THE DAY
The SpeakerThe SpeakerWe will now move to Orders of the Day. And the first order is carried over, Order No. 1. Order No. 2 is also carried o ver. So, we move to Order No. 3, which is the Second Reading of the Banking (Special Resolution Regime) Act in the name of …
We will now move to Orders of the Day. And the first order is carried over, Order No. 1. Order No. 2 is also carried o ver. So, we move to Order No. 3, which is the Second Reading of the Banking (Special Resolution Regime) Act in the name of Minister for Finance.
[Pause and inaudible interjections] 546 12 February 2016 Official Hansard Report
Bermuda House of Assembly
The SpeakerThe SpeakerIt is not going to be. They are wit hdrawn for the day, just the same as — [Inaudible interjections]
The SpeakerThe SpeakerThey are withdrawn. To be correct, it is not being tabled. It is not being tabled. It cannot be withdrawn because it has never been there before. The Clerk: Exactly.
The SpeakerThe SpeakerYes, Honourable Mem ber. BILL SECOND READING BANKING (SPECIAL RESOLUTION REGIME) ACT 2016 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I present to the Honourable House today a Bill entitled the Banking (Special Res olution Regime) Act 2016. It has been prepared by the Ministry of …
Yes, Honourable Mem ber.
BILL
SECOND READING
BANKING (SPECIAL RESOLUTION REGIME) ACT 2016 Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. Mr. Speaker, I present to the Honourable House today a Bill entitled the Banking (Special Res olution Regime) Act 2016. It has been prepared by the Ministry of Finance, along with the Bermuda Monetary Authority [BMA], and will establish a special resolution regime (which I think I will refer to as SRR from here on) that will give the Bermuda Government powers and instruments, you could say a toolkit, for resolving banks and situations where the failure of that bank would give rise to financial contagion to other healthy banks or to the economy itself. Mr. Speaker, this initiative was driven by i nternational experience gained by the authorities during the global financial crisis of 2008/09. Since that time, there has been a great effort at the international level to build resiliency in financial institutions and the regu-latory and legal framework that maintains fiscal stabi lity at the global level and the domestic level. As Bermuda has four banks that operate both domestically and internationally, it is necessary for Bermuda to im-plement an appropriate regime that meets internation-al standards. In this regard, the Ministry of Finance and the Bermuda Monetary Authority have proposed a regime that mirrors that of the UK. To that end, the Bill sets out similar objectives as follows: a) to protect and enhance the stability of the f inancial system of Bermuda; b) to protect and enhance public confidence in the stability of Bermuda’s banking system; c) protect depositors; d) protect public funds; e) avoid interference with constitutional property rights. The SRR provides the Bermuda Government with three key stabilisation tools, one or more of which may be used in a particular crisis situation by the resolution authorities, which are defined under the Bill as the Ministry of Finance and the BMA, working t ogether. The tools that may be considered are as fol-lows: a) Private -sector purchaser (or PSP). The first tool involves the use of the power to direct and accelerate a transfer of part or all of a fai ling bank’s business to a PSP and is reliant on locating a willing buyer or a willing PSP. b) A bridge bank. The second resolution tool provides the Bermuda Government with the possibility of establishing a company, wholly owned by the Government or a public author ity, that assumes control of part or all of a fail-ing bank’s business through a bridge bank. This may be appropriate where an immediate private- sector sale is not possible and where a stable platform is needed to prepare for an effect of the onward sale of all or part of the bank to a PSP. c) Temporary public ownership. The third tool provides the Bermuda Government with the option of taking direct control and owners hip of a failing bank through the transfer of shares in order to provide a stable platform for a r estructuring. This tool may be the most suitable one if the Government has provided a failing institution with a significant amount of public money already in order to stabilise it prior to its entry into the SRR, or where it is necessary to resolve a serious threat to the stability of Bermuda’s financial system. Mr. Speaker, in exercising these stabilisation tools under the SRR, the normal rights of bank shar eholders and creditors may be overridden. To counter this possibility, the SRR contains a number of explicit safeguards designed to protect creditors, counter - parties and shareholders of a failed bank. Further, the resolution authorities must take into consideration creditors to ensure, in principle, that no creditor is worse off. The introduction of the Bill will be accompanied by the development of a code of practice to be developed in the coming months. This code of prac-tice will set out a fuller description of the guidelines that the Ministry of Finance and the BMA must follow in deciding on situations when this resolution regime might be activated, and the considerations that will guide the use of the different stabilisation tools. In this regard, the SRR sets out the requirement to establish a banking liaison panel, comprising of representatives from the Government, the local banks and other shareholders, to advise the Minister on the code of practice and other topics related to the introduction of the Bill. I intend to announce the formation of this liaison panel in the coming weeks. Mr. Speaker, the stabilisation tools and framework being created by the SRR are similar to
Bermuda House of Assembly those that have been adopted in other jurisdictions. In particular, it resembles the framework used by the UK. And we remember the great difficulty they had with failing banks over there. However, there is no doubt that international best practice continues to evolve. As an example, the Financial Stability Board has recently recommended that countries with globally systemic important banks include the possibility of a bail in eligible liabilities of a bank to support its resolution. This additional stabilisation tool is not included in this Bill at this time. However, the BMA will be reviewing the de-velopment of this tool in other jurisdictions and as-sessing its possible inclusion in Bermuda’s resolution framework in the future. In deciding to use the UK model for winding up a bank through the exercise of insolvency in this Bill, it was recognised that the windup rules would di ffer from the insolvency laws which will apply to other commercial entities in Bermuda. It was necessary to have this difference, since the exercise of a power under this regime will be done in response to a crisis situation involving a systemically important bank in Bermuda and, as such, is not an ordinary insolvency situation. Mr. Speaker, the Governor of Bermuda, His Excellency, and the Foreign and Commonwealth O ffice, have reviewed this Bill in light of its proposals, underlying policy rationale, and have also considered its contents in relation to current legislation, public policy, as well as contrasted it to the SRR admini stered in the UK. In this regard, His Excellency has confirmed that after consulting the appropriate author ity in London, he was happy to confirm that the Bill is compatible with the Bermuda Constitution and that he could see (quote) “no reason for it not to proceed wit hin the House of Assembly and the Senate” (un quote). Mr. Speaker, in light of the important role played by the Bermudian banking sector in supporting the economy and the need to maintain confidence in the financial system, Bermuda must put a regime in place to address the situation that might arise if the failure of a single bank leads to instability in Berm uda’s financial system as a whole. Furthermore, the introduction of a robust resolution framework will pr ovide comfort to financial institutions abroad and to ex-ternal credit rating agencies of Bermuda’s readiness to handle a situation where one of its banks was in extreme stress and will be able to mitigate the impact that such a development could have on Bermuda’s financial, economic and social framework. In concluding my Statement, I want to acknowledge the work of the Ministry of Finance team, the Attorney General’s Chambers, the Bermuda Monetary Authority and the members of the Legal Sub-Committee of the Bermuda Banking Association [BBA], who provided contributions to assist with the preparation of this Bill. The Ministry of Finance and BMA recognise the detailed work that the Bermuda Banking Association Legal Sub- Committee has done as it relates to issues of this concern, and look forward to continuing work with the BBA and other stakehol ders embedded in this regime. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. It is now 12:25. I assume that, Honourable Member, you are going to speak for more than five minutes.
An Hon. Member An Hon. MemberOh, yes.
The SpeakerThe SpeakerSo, therefore, we will break for lunch now. Honourable Members, the House is adjourned to 2:00 pm. [Gavel] Proceedings suspended at 12:24 pm Proceedings resumed at 2:01 pm [Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair] BILL SECOND READING BANKING (SPECIAL RESOLUTION REG IME) ACT 2015 [Continuation of Second …
The Deputy SpeakerDeputy SpeakerThank you, Members. We were in the beginning of the Banking (Special Resolution Regime) Act 2015. I believe the substantive Minister has concluded. Hon. E. T. (Bob) Richards: Yes, Madam Deputy Speaker. I invite other Members to participate.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members that would like to speak to the Banking Special Resolution Act? The Chair recognises the Shadow Minister from constituency number, I should have memorised these by now . . . 17, you have the floor.
Mr. E. David BurtThank you very much, Madam Deputy Speaker, and good afternoon. 548 12 February 2016 Official Hansard Report Bermuda House of Assembly Madam Deputy Speaker, this legislation whic h is quite voluminous (for members of the public who may be listening) it has a total of about 200 pages and has …
Thank you very much, Madam Deputy Speaker, and good afternoon. 548 12 February 2016 Official Hansard Report
Bermuda House of Assembly Madam Deputy Speaker, this legislation whic h is quite voluminous (for members of the public who may be listening) it has a total of about 200 pages and has numerous clauses, about 314 clauses, and it is really a lot. And it is a lot that we have to digest and it is a lot that we need to go through. But at the very centre of it, there is the basic premise that we need to make sure that as a country we have the tools to deal with a situation that we hope will never happen, but as history has taught us can happen, and that is som ething [for which] we need to make sure that we have the tools in order to deal with that, especially in light of the current global economic uncertainty and the risks that are presenting themselves in many global banks which have, you know, investors around the world right now, some investors, a little bit skittish, giving some people some flashbacks of 2008, and other predicting worse doom to come. However, if it comes, at least with a special resolution regime we will be in a better place to deal with it than we were without it. And I think that is the most important thing which we have to consider be-cause the situation of a failing bank is not something that anyone wants. The situation of a failing bank is not something that can be good for an economy. The situation of a failing bank is not something that in any way, shape or form is desirable. But the fact is, it can happen. And the thing is, what do we do when it hap-pens? How do we respond? How do we make sure that depositors maintain their deposits and maintain their . . . keep their money and do not lose their money, do not lose their savings, do not lose their inves tments? How do we make sure that happens? And I think that that is why this is very i mportant because the current setup with the global economy puts banks at the very centre of everything which we do. And I remember and when we had the briefing with the team from the Bermuda Monetary Authority, the Ministry of Finance, all the technical of-ficers, the Attorney General’s Chambers, all the tec hnical officers that are over there, I made the joke about the fact that, you know, if people knew how the banking system worked, a lot less people would keep their money in banks. And that is a fact because the fact is that if everyone went to take their money out of the bank right now there would be no money, they would not be able to give everyone their money. And that is the very nature of the banking system. It is the banking system that many people do not understand. It is the banking system that many people do not grasp. And it is the banking system that many people do not trust. But the way that we have it right now, that is what it is. And we need to make sure that we are in a position to prevent a run on banks. We need to make sure that we are in a position to say, No, we are going to make sure that this has a . . . that you are not going to lose your money. That wonderful thing that we always talk about and hear about in economics, the word called “confidence.” We have to have confidence in our banking system. Because if we do not have confidence in our banking system, that we go to our banks and our money is going to be there, we are not going to have an economy. And what could be on a Friday afternoon as a temporary credit squeeze could turn into Monday to be a long-t erm economic problem. And we saw that in 2008. Many countries have responded. Many cou ntries have updated their legislation. Many countries have changed the way in which they deal with banks. Bermuda has changed. We have done many things. Before we did not have deposit insurance; now we have deposit insurance. We know that the Bermuda Monetary Authority is working and upgrading their skills, upgrading their tool kit, upgrading the different, the types of oversight that we have for financial stabi lity inside of the country. We know that they have established—or we have established —the Government and the BMA have established the Financial Stability Committee and the Financial Policy Council. These are all things that are necessary for an economy to have. And i n a lot of ways 2008 was a lesson for us, 2009 was a lesson for us. And we have heard from the ratings agencies, we have seen what they have said. They said, How are you going to deal with the challenge of a bank failing? And there really was not much that we could do. So when we had the issue with Butterfield in 2009, all we could do was guara ntee an additional round of raising capital for them. We could not do anything else. That was the extent and it worked for that period of time. But the thing is how i s it that you deal with these issues going forward and what is the best way to do it? Because we will r emember in 2009 there were people heading around to Butterfield Bank trying to get their money out —trying to. And it brings back memories of a time past when that was something that happened on a regular basis. So it is important that in this we get it right. Now, as I said, though many people might be wary of the premise of this type of legislation, the premise that we might end up bailing out individuals who took risks that they should not have taken and, therefore, have to suffer. The fact is that we have to make sure that we find the happy medium to prevent the one thing that we do not want to happen which is a run on a bank because a run on a bank can turn into a run on multiple banks, which can turn into, as I said before, Madam Deputy Speaker, a long- term economic problem for this country. And certainly that is not something that we want. So we need to figure out do we intervene ? How do we prevent tha t word “systemic risk”? What is it that we can [cause to] take place? And I believe that the Ministry, in combination with the Bermuda Mone-tary Authority, has examined all the various options. This is not something new. This is something that I know started back when I was in another place, the
Bermuda House of Assembly discussions of how do we get to this point and how do we make it so that we have the tools which are r equired. So now we have this wonderful Bill in front of us which is largely modelled after the United Kingdom. I know the BMA looked at lots of different models that they could follow and it was modelled largely after the United Kingdom. And it contains many of the premises that were inside of the United Kingdom Act and it has brought it over here to Bermuda. And I think that the Bermuda Monetary Authority and the Ministry of F inance have done a very good job. I think that this Bill will give us the tools that are necessary in case we have to do the unthinkable or the unwanted, which is to take over a failing bank to make sure that we guar-antee people’s money and maintain confidence inside of our economy. But I think that it is very important that we get clarifications from the Minister of Finance, that we get clarifications from the Bermuda Monetary Authority, and that the people of this country know and understand what will happen in this case. And I say that because it is very important that those persons who took the risk of investing money in a bank . . . I am not talking about depositors who deposit money in a bank , I am not talking about those type of creditors, I am not talking about them, I am talking about individuals who put up capital to start a bank, shareholders who start a bank or run the bank, directors who are part of bank boards and are also major shareholders, for those persons who are responsible for the decision- making power that may get a bank to the point of failing, that we are not bailing them out. That public resources will not go to top them up. And the fact is that there are things inside of here where, you know, the Gover nment of Bermuda can take over the bank. So not to call any bank but, you know, the Minister of Economic Development owns a bank, I do not own one, but it could turn into—
Dr. the Hon. E. Grant Gibbons: Point of order.
The Dep uty Speaker: Your point of order is?
POINT OF ORDER [Misleading]
Dr. the Hon. E. Grant Gibbons: The point of order is the Honourable Member is misleading the House. The Minister of Economic Development does not own a bank.
Mr. E. David BurtMy sincere apologies. I was not trying to . . . that was . . . I thought your family was involved with Cap. Did you not take it back over after you sold it? I am sorry. Either way, that is not neces-sary for the description. What I am …
My sincere apologies. I was not trying to . . . that was . . . I thought your family was involved with Cap. Did you not take it back over after you sold it? I am sorry. Either way, that is not neces-sary for the description. What I am saying is that when it comes to a bank, the Government of Bermuda could tomorrow — Clarien Bank could be, you know, the bank of the Mi nistry of Finance. Like that is what this Bill gives the Government the power to do. It gives the Government the power to take over and administer a bank in that case. And, of course, there are different types of tools that they can use, but that is one of the options. The people of this country need to be sure . . . and I think that when we go through the clauses and the sections of this Bill, I think that it is important that it is made very clear that when we hear about the statement made in the Minister’s brief, the statement that came from the BMA, that says no creditor is worse off, that we are making sure that we u nderstand and it has to be the case that those persons who have taken risks, those persons who have engaged in risky behaviour, those persons who may have gotten a bank to the point of where they are failing, are not going to have . . . because of the fear of the systemic risk which may take place, that they are not going to get topped up or bailed out by taxpayers in order to stay there. And I think that that is very important. I believe that this Bill strikes the right balance. This Bill enjoys our support. But I want to ensure that the Minister makes it clear to the public that we are not going to go to a place where tax dollars are going to be used to top up and basically replace the money of those people who made bad risk, bad manage-ment, and the people of the country have to pay for that bad management. So with that, Madam Deputy Speaker, I will say once again that I congratulate the Ministry of F inance. I congratulate the team at the Bermuda Mon etary Authority for their hard work on this. I know there is a lot more work that has to be done. This is just a continuing step in making sure that we get to the point of having all the financial tools in place. And during my meetings with the Bermuda Monetary Authority and the Ministry of Finance, I repeated the same refrain, and I will repeat it again, that there is more work to do because Bermuda needs to have more tools inside of its arsenal to deal with any type of systemic threat which may present itself in the future. And I hope that this new found . . . I will call it “zeal” for macroeconomic and financial stability which has been taken on by the Bermuda Monetary Authority can expand into ot her areas which may be beneficial to assist us in times of economic crisis and, as they say, a lack of liquidity. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak to the Banking (Special Resolution Regime) Act 2015? The Chair recognises the Opposition Leader. Please proceed. 550 12 February 2016 Official Hansard Report Bermuda House of Assembly Hon. Marc A. R. Bean: Thank you and good afternoon, …
Thank you, Member. Are there any other Members that would like to speak to the Banking (Special Resolution Regime) Act 2015? The Chair recognises the Opposition Leader. Please proceed.
550 12 February 2016 Official Hansard Report
Bermuda House of Assembly Hon. Marc A. R. Bean: Thank you and good afternoon, Madam Deputy Speaker. I must admit that this legislation, while tabled at the end of last year, still caught me unawares or unprepared for today’s debate. And I say “unpr epared” because we are looking at a Bill of rough ly 300-odd pages and I could guarantee you that the majority of the people in this country have no idea that (1) we are debating this Bill, or (2) what this Bill e ntails, what it contains. But for 300 pages, obviously, its weight in terms of how the intent of its application is just as wide and [deep] and heavy as the Bill itself. I think I will have to wait until our Budget D ebate, but this Bill in particular raises one of the most fundamental questions that we as a country (and I would extend that to every other country) are facing today. And my Shadow Minister of Finance spoke of this term “systemic risk.” So here we have a Bill that is designed, in effect, to bail out banks. And I say that because at lunch time when I was walking to my car, a member of the public Gallery stopped me and said, Hey, Leader of the Opposition, what is the Minister of Finance doing bringing in this bailout for banksters Bill? “Banksters” —not my word—let me make it clear, that I, Marc Bean . . . am not accusing anyone of being a bankster. This is what someone from the public stopped me—
An Hon. Member An Hon. MemberQuote, unquote. Hon. Marc A. R. Bean: Yes, quote, unquote. Why are we bringing a bill to bail out, not the bankers, the banksters? And I thought to myself, yes, it is very int eresting because people will recall that Bermuda not only went through it but other jurisdictions went …
Quote, unquote.
Hon. Marc A. R. Bean: Yes, quote, unquote. Why are we bringing a bill to bail out, not the bankers, the banksters? And I thought to myself, yes, it is very int eresting because people will recall that Bermuda not only went through it but other jurisdictions went through this process during the 2008 credit crises where we saw banks being bailed out. And some people termed it as Wall Street being bailed while Main Street was sacrificed . During that time period, we have seen an increase in income inequalities —wealth inequality. Some commentators would term it as the 1 per cent becoming a half of 1 per cent, while the rest of us are the 99 per cent. And that is all associated, not just with our banking system, but I would say the rec klessness of the International Monetary System that came to a head in 2008, but unfortunately has only gotten worse. It has only become worse. While yes, all the political and academic m edia will like to tout this confidence theory that the global economy is getting better. We hear our own Government saying that fallacy. We hear it coming out of the mainstream media of the United States and out of Europe. But if you look closely at the fundamentals, Madam Deputy Speaker, you will realise that the world is on the brink of a serious economic adjus tment. And I have been saying this for years. You see, you have a problem when those who we put our faith and trust in to be the so- called monetary planners of society in creating the crisis in the first place through reckless, loose credit policies in 2008. Do you know what they did in order to fix it or to attempt to fix the crisis of 2008, which was a debt crisis? Madam Depu-ty Speaker, they increased debt. So, how do you actually look at a fire that is burning and say, Well, to solve it we are going to actually put fuel on that fire? And so this tower of debt that you see within hous eholds, governments, businesses, and individuals has grown three- , four-, fivefold, and you see the effects of it now. You see corrections —not just up in the housing market —you see corrections within stocks, bonds, commodities, and basically every other aspect of the financial system. Every aspect of the system today is under strain and stress. And the way the world is . . . the international monetary system is interconnected today. All it takes is for one —one —major institution to go into default, to become insolvent, and it will b ecome like a domino effect across time zones and across nations. That is how interconnected our risk, the risk that the people of the world, have to bear as a result of what some would say amounts to high level casino gambling. Mentioning that, I have to make mention of another so- called asset class (if that is the right term) derivatives, which are the unfunded liabilities of all those bonds and everything else. And I could look at the Minister of Economic Development, and I am sure he would agree, the derivatives monster has grown almost tenfold. And I stand to be corrected on the number 10. But it has grown exponentially since 2008. Now, if people do not understand what deriv atives are, I suggest that you go and take a look. Okay? Make a study of it. It is something derived from something else. And it represents a monster that is ready to consume every single economy in this world. And do not believe me, you know. Do not listen to Marc Bean from White Hill. Look at the data coming out of one of the major European banks today — Deutsche Bank. Deutsche Bank is on the brink of collapse, a type of collapse that will make Lehman Brothers’ collapse look miniscule. I say all that to say this, regardless of — because I do not consider this . . . I am not attacking the One Bermuda Alliance—I think this is import ant enough to have a real and frank and open discussion which, for some reason, we do not have in this House and most . . . and this conversation really is not held in other Houses of Parliament either, to discuss the sy stemic risk that is facing every day Mr. and Mrs. Bermuda brought on to us by, what someone in the audi-ence called, the “banksters.” Now, my Shadow Minister of Finance alluded to the fact that he is concerned that we do not go down the road where you see taxpayers —just in case —one of our four major banking institutions in this country find themselves going belly up. And we saw something like that before. But we do not want to see
Bermuda House of Assembly the burden of this reckless, anti- economic approach to finance be shifted from those who actually created that and have benefitted from it to the taxpayer, or in US terms, “Main Street.” That is not just a bailout, that is wickedness, because here you have people who are making millions and millions and billions of dollars from free, low -interest credit. We have seen quantitative easing, which basically are the central banks hav-ing a policy that turns on the money presses in the hope that by adding that added liquidity into the global economy we will see an upsurge. But guess what? Guess what the central bankers miscal culated on? All those trillions or multi -billions of dollars printed by the central banks in the world today never reached Main Street, they never reached Mr. and Mrs. Bermuda, or Mr. and Mrs. New York, or Mr. and Mrs. London. It always remained in the hands of that 1 per cent. So, you saw the rich becoming richer over the last six years, while everyone else was becoming poorer. So I think I understand what that person said to me earlier, using that term “banksters.” Now we have this Bill that is meant to address what, obviously, is systemic risk on the horizon. Even though the Minister and others, which is normal, would not get up and say, Hey, things are really going to get bad, here we are coming with a Bill to discuss putting in safeguards when things get bad, instead of telling the people that thing will get bad. You know why I suspect we do not have the courage to come and tell the people the truth? B ecause some of us, especially those so- called financial experts who are stuck to this concept of central bank-ing and fractional resolve banking and fiat currency, they actually do not know the solution to this problem. They have run out of ideas since 2008. Instead of at-tempting to stay inflation, what we see today in E urope and in Asia and in other jurisdictions is deflation, a deflationary spiral. You do not think so? Well, look at the price of oil. So, I have to ask this question, because brin ging this Bill is a stop -gap measure, but it certainly does not address the cause of the systematic risk be-caus e the people we talked to for answers are the ones that created the problem. Now, I am trying to be very careful, because I could go into much greater detail. But I would like to let the people know that this Bill is indicative of the real problems and the real issues that we are facing today. More than same- sex marriage, more than immigration, although these are very serious and i mportant issues, nothing is more important than this overall discussion about the systemic risk facing the global economy and, in effect, the Bermudian economy. Soon we are going to realise that it was not just PLP policies that created a downturn. I would admit that PLP policies were in line with central banking po licies that led to the initial quest in the first place and over-extension of easy credit using deficit financing, borrowing to finance government, basically irrespon-sibility by those who the world puts their trust in to be good stewards of the economy. So, I think I could wrap up now, because the Budget Debate is coming soon. I hope, in addition to going through the numbers of the past fiscal year, that in his budget presentation the Minister of Finance will see fit to be straight with the people even from the best of his Keynesian teachings. I will expect my Shadow Min ister of Finance to be straight with the people of this country from the best of his Keynesian training. I am asking the Keynesians, who created the mess . . . well, not the Minister of Finance or the Shadow, but I am asking all these thinkers who pe ople put so much trust in to start explaining what type of scenario we are going into and how do we solve it. Now, that is a rhetorical question because, to be ho nest, [as] I said before, they do not have the answer. But I think that it is important at this point, since we are going to bring a 300- page Bill that effectively bails out those who have been responsible for the rec klessness and the increase of inequality in the world today, we are going to bail out their recklessness, we are going to bail out their bad behaviour. Whether it is the Government directly, or the taxpayer directly, I have a real issue when the 1 per cent—that is who we are talking about, the 1 per cent—could profit off of that casino gambling, called the global stock market . . . and then when they lose at the table, they do not have to pay? As far as I am concerned, in a free market without government intervention, without central banking interference, these institutions that have taken those risky opportunities need to fold. They need to go bankrupt. That is what happens when you have malinvestments. It needs to be liquidated, instead of bailing out their bad beha viour. We need a serious correction in the global economy, and bailing out the irresponsible is not the way forward. It certainly does not help Mr. and Mrs. Bermuda—the sufferers who are having a hard time trying to pay their rent or get a loaf of bread, who were told that others can come into the country and get work before them. What we are doing here does not benefit the people of this country. It benefits a select, elite few, just like it benefits the sole, select, elite few in every country. Yes, I feel like I am getting a little passionate now, because the more I think about it . . . I have been waiting to get on my feet and open up this discussion in this Chamber for some time. And now I think the time is appropriate, because even if you turn on Bloomberg or CNBC and all the mainstream financial journalists, they will all be telling you the same thing, even if they do not want to tell you at this point. But they cannot hide it. The markets —not the central planners, the markets —are speaking for themselves. So, we can spend the next few hours discus sing this Bill. I respect the fact that the Minister of Ec o552 12 February 2016 Official Hansard Report
Bermuda House of Assembly nomic Development will not contribute. I understand that, although I would have really enjoyed hearing his perspective.
Dr. the Hon. E. Grant Gibbons: I will tell you later.
Hon. Marc A. R. Bean: No problem. I know he has the perspective of a banker. He is a banker. [Inaudible interjection] Hon. Marc A. R. Bean: He claims he is not, but he is bright. We know. Okay? Over the next few months and years you are going to see deleveraging in the global economy. You are going to see deleveraging in the Bermuda econ omy. Okay? Th ings are going to get worse. Minister Richards, I am not going to blame you, as you have blamed us. I am getting on my feet right now. I am not going to purport to have a crystal ball, like they claimed you had.
[Inaudible interjection]
Hon. Marc A. R. Bean: Yes, I have it right under my table. Yes.
[Laughter]
Hon. Marc A. R. Bean: But it is not a Keynesiandriven crystal ball. No sir. That whole economic philosophy of Keynes ianism is now being exposed. That is not what I am saying, right? But they have exhausted every single tool in the monetary policymakers’ toolkit and it has come to no avail. Today we are watching central banks do what was unthinkable a few years ago, and that is to move into a realm of zero interest rates. Gee! And negative inter est rates. Do you know what that means? They are going to start charging you for your own cash. Banks will start charging you for your own cash. [Inaudible interjection] Hon. Marc A. R. Bean: A Member says it has already started. [Inaudible interject ion] Hon. Marc A. R. Bean: The Minister of Finance [says], They’ve been doing it for years. Well, if they have been doing that for years (and I think they are going to start, but if they have been doing it for years) that tells me that they have been thieving the people for years, because that is fraud and that is stealing! No wonder the member said something about “banksters.” It is fraud! The regime of fiat currency, central banking policy and fractional reserve banking has now reached the end of its road. And now we have policymakers thinking, What’s next? In Bermuda we have a choice. We can become a central bank, and start money printing, but that failed. That has already failed in Europe and J apan. Cannot print money. So what other options do we have? If this systemic risk comes to fruition, you cannot tell me that bailing out the people who created the problem is the solution. That is not it. So that tells me that this Bill is not it. Try as we may like, and hope that this will be the solution, it is not. In fact, it is not even addressing the problem. It is validating the problem. And that is dangerous to every single human being in the world today, except that 1 per cent who use monetary policy to plunder humanity. I said it, to plunder humanity , because that is not the behaviour of free markets ei-ther. Do not get it confused. That is not the behaviour of true capitalism, okay? That is the behaviour of cr ony capitalism, Keynesianism, interventionism, and it has come to this point as proving itself to be a failure. I will take my seat in a couple of minutes, but I can tell you the forecast in my mind of what will happen. The deleveraging will continue, we are going to have a serious correction in the global economy, mar-kets are going to have to correct themselves to lower levels, and there is going to be a new norm in the next five years for humanity. The standard of living that people have become accustomed to whether they are in Bermuda or in Haiti will be reduced. [Inaudible interjection] Hon. Marc A. R. Bean: Yes. He is saying that it kind of makes the work that we do pale in comparison to what we spend most of our time up in this House tal king about. It is a tidal wave that will swamp this country. And no amount of tourism ideas, because that is tied into our main markets that are systemically under risk, no amount of America’s Cup, which caters to that 1 per cent, none of that is going to help us in this country. And that is why we said in the Throne Speech [Reply] (that will be reiterated in two weeks by our Shadow Finance Minister) that we have to have a serious discussion about diversifying our economy. Not just diversify the economy, but consider through a private sector or through the BMA introducing certain steps, certain cancer -fighting agents into our monetary bloodstream. I will get into that discussion during the Budget Debate. But I think the time is appropriate now. Last year, some of my colleagues [said], Don’t you talk about that, Leader. Don’t do that now. But now that people are starting to see and feel that the rain is starting to fall, what last year was ridiculed is now going to be much more acceptable because we understand that there is a flood on the horizon that will swallow us all up. And it is beyond politics; it is b eBermuda House of Assembly yond class, it is beyond race. What it comes down to is a system and a mindset that has created most of the problems economically, and the business and economic cycles, the booms and the busts since, I can say, 1931. Push forward to 1945. More fuel in the fire in 1971. And since then the Tower of Babel of debt has grown, and has grown, and has grown and the debt has been pushed upstairs. The debt in the global economy has not been liquidated, has not been extinguished, it has just been transferred. Eventually , when you put a lot of dirt up in the attic and you put too much weight upstairs, it collaps-es. And it collapses all of a sudden, like a thief in the night. For me, that is my greatest concern. I am not concerned about those who have. I am more concerned about the 99 per cent of us who did not have, and still do not have, but yet are being called in to bail out those who created this mess.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak to the Banking (Special Resolution Regime) Act 2015? The Chair recognises the Member from constituency 36. The Honourable M. J. Scott, you have the floor. Hon. Michael J. Scott: Thank you, Deputy Speaker. I am inspired to …
Thank you, Member. Are there any other Members that would like to speak to the Banking (Special Resolution Regime) Act 2015? The Chair recognises the Member from constituency 36. The Honourable M. J. Scott, you have the floor.
Hon. Michael J. Scott: Thank you, Deputy Speaker. I am inspired to rise, having listened to the Opposition Leader most r ecently and the Shadow spokesman for Finance, because I think it is important that we recognise that this libretto represents the most explicit evidence that countermands the blame that was levelled and hurled across the floor by the Mini ster of Economic Development and an array of UBP spokespeople at the Progressive Labour Party. This document reflects the cause and effect and shows the level of disingenuousness on the part of the OBA and the UBP in seeking to lay at the door of a Government of the day the causes that this document recognises were always necessary to contain fraudulent practices by high- flying high financiers and banks in particular. I think I want to get this on record: It is fairly rich that the very same promulgators of these theses and theories hurled at the Progressive Labour Party are now having to present this document, this Bill — this Bill of admission and confession as to where the real problem lay. The analysis is well documented in the Stress Test document, the book by Timothy Geithner, Treasury Secretary of the United States. It is documented and will continue to unravel and roll out as we go forward in trying to ensure that stability in the financial system is something that we manage, and manage well. So that is the singular simple point that I wish to make. It was disingenuous to suggest, it was political to suggest that Bermuda’s problems were political problems caused by our party. Here is the evidence that states clearly where the problem lies. And if you read the book by Ti mothy Geithner, and Mr. Opposition Leader, the bad debt . . . there is a street just off of Wall Street somewhere in a building that is collecting all of the bad debt. They simply move the toxic debt into a building, whether an attic or a street with no name, that is how it had to be managed by the Obama administration wonderfully, and by his Treasury Secretary. They did an excellent job at sto pping . . . pulling the banking system from over the precipice into which it fell. It was so grave, though, that we are still having to manage this process. As an international finance sector, it impacts us, just as it impacted us when it was coming apart, not at the instance of a political party’s policies of the day, we saw the signs. But it was exploited by you and that narrative continues with less and less force, and today you have a Bill under your hand and management that actually amounts to a confession as to where the problem lies.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members that would like to speak to the Bill, entitled, Banking (Special Resol ution Regime) Act 2015? There are no other Members. I will call on the Minister in charge. Hon. E. T. (Bob) Richards: Thank you, Madam Deputy Speaker. Just when we …
Thank you, Member. Are there any other Members that would like to speak to the Bill, entitled, Banking (Special Resol ution Regime) Act 2015? There are no other Members. I will call on the Minister in charge. Hon. E. T. (Bob) Richards: Thank you, Madam Deputy Speaker. Just when we thought we were going to have a nice dry debate on finance and banking, we slipped through a portal in the universe into an alternate un iverse for a moment. I am not going to spend much time talking about that, because it did not make much sense. Let me say this, Madam Deputy Speaker, this Bill attempts to give the Government a toolkit to deal with the systemic risks that are inherent in banking. This toolkit is sort of like tempered steel. It has been strengthened because of the fire that happened during the last recession internationally. We are now adop ting a regime that has been tested under extraordinar ily stressful circumstances, and, quite frankly, there are extraordinary measures in here to deal with ex-traordinary problems. Systemic risk is something that will always exist. But what we have here is a toolkit to deal with risks when they take over the system and threaten to bring the whole system down. I certainly expected that there would be some comment on the events in Ber-muda as it relates to Butterfield Bank. And as I said at the time (when I was sitting over there), I fully su pported the Minister’s action that she took at that time. The action taken by the Bermuda Government really was not enough, but we did what we could. We did not have the resources to do much more. But it was not enough. And a whole lot more capital had to be 554 12 February 2016 Official Hansard Report
Bermuda House of Assembly put into that bank subsequent to that and we were quite fortunate that some investors came in and put that capital in and turned that institution around. But we did not have the power to do some of the things that we will have the power to do after this becomes law. We did not have the power to force a sale if necessary. We did not have the power to take toxic assets out of the bank and put them in some third entity. We did not have the power, if there were culpable directors or management, to go after them. We did not have the power to basically revalue under-valued assets or over -valued assets. We did not have any of those powers. Those are the powers required in a high- stress calamitous situation to stabilise the system. So, in many ways we got off lucky with the Butterfield Bank situation. I am glad that happened. The luck, that is. But it could have been a whole lot worse. It is easy for Honourable Members to take pot - shots at bankers, and, quite frankly, they deserve tak-ing pot -shots, having been shot at. They deserve it. But it is sort of like, bankers have now gotten into the same category as used car salesmen and, dare I say, politicians. All right? At one time being a banker was held in high esteem. But I think that esteem has been undermined a lot, even more so a reason to have this kind of toolkit in the Government’s hand in case things go awry. So, this is not a Bill to bail out anybody. It is definitely not a Bill to bail anybody out. When we get to the clauses you will see that those, if they were en-gaged in skulduggery, the Government has a lot of power to deal with them. We are not here to bail out crooks, or to bail out people who were taking unnec-essary risks and trying to cover up. That is not what this is about. As a matter of fact, it gives us power to deal with such people. So, it is not a bail out, though the Honourable Member was expressing fears that this was som ething, a reason to bail out bankers who caused the system to become unhinged. Nothing could be further from the truth. It is not about bailing out people who have taken undue risks with our money. It is not about that at all. Because at the end of the day . . . I mean, I just bring it to, sort of, local, as opposed to talking about things theoretically, let us talk about things local that people can understand. What if Butterfield Bank had failed in this I sland? There is not a man or woman in this Island without some connection to the Bank of Butterfield. They either have an account there, or they are getting paid by somebody who had an account there, this thing called “counter party risk.” The bank was central to the entire economy of Bermuda—central —whether you liked the management or not, whether you liked the owners or not. It has nothing to do with it. All right? The fact that the institution was so central to the economy of Bermuda, it had to be saved. Not b ecause we liked the management, no. Not because we liked the shareholders, no, but because if it was not there, everybody suffered. Innocent people would have their savings wiped out. So, it is easy to take shots at banks and bankers. But the reality of the sit uation is that they are central to the economic system of the world, and central to the economic sys tem of Bermuda. We cannot do without banks in a modern s ociety, period. We just cannot do without them. So, what we have to have here, and what we are doing here, is to have a system in which, if things go awry, or we . . . and the interesting thing about this is that under current bankruptcy law things have to awry first before you can do anything. What this special resolu-tion does is enable authorities to take action before it goes down the toilet. Because once it starts going around in a vortex going down the toilet it is too late. So it enables us to retrieve the situation before it b ecomes irretrievable. And that is what is really different about and extraordinary, quite frankly, about the clauses and the powers enshrined in this special res olution that we have before us. I will not really talk about some of the more philosophical (shall we say) things that the Honour able Members talked about. We will save that for an-other day. So, Mr. Speaker, if there are no objections, I propose the Bill be committed.
[Hon. K. H. Randolph Horton, Speaker, presiding]
The SpeakerThe SpeakerIt has been moved by the Honourable Minister that the Bill be committed. Any objections? Madam Deputy Speaker. House in Committee [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE O N BILL
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled, Banking (Special Resolution Regime) Act 2015. I call on the Minister in charge to proceed. Minister, you have the floor. BANKING (SPECIAL RESOLUTION REGIME) ACT 2016 Hon. E. T. (Bob) Richards: Thank you, …
Members, we are now in Committee of the whole House for further consideration of the Bill entitled, Banking (Special Resolution Regime) Act 2015. I call on the Minister in charge to proceed. Minister, you have the floor.
BANKING (SPECIAL RESOLUTION REGIME) ACT 2016
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. With the good graces and permission of the House and yourself, I would like to move the clauses in groups.
The ChairmanChairmanPlease proceed. [Inaudible interjections] Bermuda House of Assembly Hon. E. T. (Bob) Richards: I don’t think we have any masochists up here. [Laughter and inaudible interjections] Hon. E. T. (Bob) Richards: Okay. So, I would like to move clauses 1 through 10 and there will be an amendment on [clause] …
The ChairmanChairmanThank you. Are there any objections to moving clauses 1 through 10? There are no objections. Please proceed. Hon. E. T. (Bob) Richards: Clauses 1 and 2 provide, under Part 1, for the citation (which I think has the right date on it, we were talking about that before) —
The ChairmanChairmanCorrect. Hon. E. T. (Bob) Richards: —for the citation of the Bill and the general interpretation of terms used in the Bill. Clauses 3 through 6 provide, under Part 2, for the application of the special resolution regime framework under the Bill, which includes the applic ation of the regime, …
Correct. Hon. E. T. (Bob) Richards: —for the citation of the Bill and the general interpretation of terms used in the Bill. Clauses 3 through 6 provide, under Part 2, for the application of the special resolution regime framework under the Bill, which includes the applic ation of the regime, financial assistance, the special resolution objectives and code of practice. In its appl ication to banks, the special resolution regime is to address the situation where all or part of the business of a bank has encountered, or is likely to encounter, financi al difficulties for which no other means of res olution have been found. Financial assistance that can be given under the Bill includes guarantees and indemnities. I think so that I can retain my tongue without it getting totally tied, I will refer to the Special Resolution Regime as “SRR,” if you do not mind. The SRR objectives are to protect and enhance the stability of Bermuda’s financial system, to protect and enhance public confidence in the stability of Bermuda’s banking system, to protect depositors, to protect public funds and to avoid interfering with property rights in contravention of section 13 of the Constitution. The Minister is required to issue a code of practice about the use of the stabilisation powers, the bank insolvency procedure and the bank admi nistration procedure. Clauses 7 through 9 provide, under Part 3, for the exercise of stabilisation powers. The conditions to which the exercise of stabilisation powers under the Bill are subject are the general conditions, specific conditions that relate to a private sector purchaser and bridge bank and special conditions that relate to temporary public ownership. The BMA and the Minis-ter are required to consult with each other before ex-ercising stabilisation powers. The Minister is required to ap point a Banking Liaison Panel whose function will be to advise the relevant authorities about the effects of the resolution regime on banks, their counterpar-ties, the financial markets and the economy of Ber-muda. The Banking Liaison Panel may advise the Minister on matters connected with the making of statutory instruments in relation to Divisions 2 to 5 of the Act, except on matters concerned with stabilis ation powers and orders made under clause 74(1) r elating to the compensation scheme, the resolution fund and third party compensation. Now, Madam Chairman, with your permission, I would like to make a floor amendment to clause 10 to amend the proposed composition of the Bank Liaison Panel.
The ChairmanChairmanThank you, Member. The amendment is being passed around at present. I will take it to the floor. Shall we proceed? Everyone is . . . please proceed. AMENDMENT TO CLAUSE 10 Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. The floor amendment has been circulated. As you can …
Thank you, Member. The amendment is being passed around at present. I will take it to the floor. Shall we proceed? Everyone is . . . please proceed.
AMENDMENT TO CLAUSE 10 Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. The floor amendment has been circulated. As you can see, the amendment is to add a new par agraph (g) to enable the Minister to add other members to the panel. The amendment reads as follows: “To add other persons the qualifications as the Minister considers appropriate in consultation with the Berm uda Monetar y Authority.” With t his amendment, I would also like to i nclude in my motion [clause] 10 as amended.
The ChairmanChairmanThank you. Are there any objections to the amendment? There are no objections. Are there any Members . . . would you like to speak to clause 10 further? Hon. E. T. (Bob) Richards: No, Ma’am.
The ChairmanChairmanAre there any Members that would like to speak to clauses 1 through 10? There are no Members who would like to speak to clauses 1 through 10. Please proceed. Hon. E. T. (Bob) Richards: I would like to move now to [Division] 2, which is clauses 11 through 92.
The ChairmanChairmanMember, before we do that, I just want to go back to the amendment to make it clear for the record. Hon. E. T. (Bob) Richards: Okay.
The ChairmanChairmanWe have before us an amendment t o the Banking (Special Resolution Regime) Act 2016, 556 12 February 2016 Official Hansard Report Bermuda House of Assembly and the amendment. It has been agreed that there are no objections to this motion. All agreed to? [Gavel] Hon. E. T. (Bob) Richards: …
We have before us an amendment t o the Banking (Special Resolution Regime) Act 2016, 556 12 February 2016 Official Hansard Report
Bermuda House of Assembly and the amendment. It has been agreed that there are no objections to this motion. All agreed to? [Gavel] Hon. E. T. (Bob) Richards: Madam Chairman, perhaps I should read for the record the one or two sort of . . . there are some few words that need to be ad ded in:
“In clause 10(3) in paragraph (e), by deleting the word ‘and’; in paragraph (f), by deleting the period and substituting ‘; and’; and by i nserting after paragraph (f) the following par agraph- ‘(g) one or more persons holding such qualifications as the Minister, in consultation with the BMA, may deem appropriate.’”
The ChairmanChairmanThank you very much. Please proceed. Hon. E. T. (Bob) Richards: I would like to move clauses 11 through 92.
The ChairmanChairmanAre there any objections to moving clauses 11 through 92? No objections. Please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clauses 11 through 13 provide, under Part 1, for the stabilisation options. The BMA is empowered to utilise the stabilisation option of private sector purchaser where both …
Are there any objections to moving clauses 11 through 92? No objections. Please proceed.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clauses 11 through 13 provide, under Part 1, for the stabilisation options. The BMA is empowered to utilise the stabilisation option of private sector purchaser where both the general conditions and the specific conditions for the private sector purchaser are met. The Minister is empowered to utilise the stabilis ation option of transferring a bank’s pr operty to a company wholly owned by the Crown where the general conditions under clause 7 and the specific conditions under clause 8 are met. The Minister is empowered to utilise the stabilisation option of taking a bank into temporary public ownership where the specific condi-tions for the temporary public ownership under clause 9 are met. Clauses 14 through 31 provide, under Part 2, for transfer of securities. Share transfer powers may be used to effect the transfer of securities. Share transfer instruments are made by the BMA to effect the transfer of a bank to a private sector purchaser (the stabilisation option as I have just described). Share transfer orders are made by the Minister to effect the transfer of a bank to a temporary public ow nership. Where a share transfer instrument or order is made, the relevant authorities are empowered to take various actions with regard to directors, including ap-pointment and removal, termination and variation of service contracts. The transfer of instruments and or-ders is to have effect irrespective of production, delivery, transfer or other dealing with an instrument and irrespective of registration. Clauses 32 through 49 provide, under Part 3, for transfer of property. A transfer of property, rights or liabilities is effected through a property transfer i nstrument or order. The transfers are made to take effect regardless of any Legislative or contractual r estriction, including requirements for consent or any other restrictions which might render property not transf erable. When a property transfer instrument or order is made, provision can be made in the instr ument or order to ensure the continuity of arrangements operating in respect of a bank. A licence in r espect of property transferred by property instrument or order shall continue to have effect notwithstanding the transfer. A property transfer instrument or order can provide for the transfer of property situated outside Bermuda and rights and liabilities governed by foreign law. Clauses 50 through 61 provide, under Part 4, for restriction of partial property transfers. The prov isions of this Part restrict the making of partial property transfer instruments and orders under the Act. This Part also makes provision to protect certain interests, including set -off a rrangements and netting arrang ements. Clauses 62 through 75 provide, under Part 5, for orders to be made for the purposes of compensat-ing transferors of shares and property under Division 2. Three types of orders may be made for the purposes of providing compensation in consequence of the exercise of the stabilisation powers. The “compens ation scheme order” establishes a scheme for paying compensation to transferors, or it may establish a scheme for determining whether transferors should be paid compensation. The identity of the transferor or transferors determines the stabilisation power exer-cised. The “resolution fund order” establishes a scheme under which the transferors may become en-titled to the proceeds of the resolution of a bridge bank or of a bank in temporary public sector ownership. The “third party compensation order” establishes a scheme for paying compensation to third parties who are not transferors. Clauses 76 through 88 provide, under Part 6, for incidental functions. To ensure the genera l cont inuity of obligations, provision is made for services to be provided to a transferee from the transferor and other companies within the group by means of a ge neral obligation following a transfer of property, with the understanding that the obligation is not limited to the provision of services and facilities directly to the transferee. The residual bank and each group company are required to provide such services and facilities as may be required to enable the transferee to operate the transferred business effectively. This duty may be en-forced as a contract.
Bermuda House of Assembly Clauses 89 through 92 provide, under Part 7, for the holding companies. The Minister is empowered to take the holding company of a bank into temporary public ownership where stipulated conditions are sat-isfied. The conditions that apply include the general conditions under clause 7 and the condition that the holding company is an undertaking incorporated in, or formed under, the law of Bermuda. Madam Chairman, I move those clauses, clauses 11 through 92.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 11 through 92? Thank you. The Chair recognises the Member from constituency 18. You have the floor.
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, I am on [clause] 12 b ecause [clause] 12, I think, is an important point and there is this issue with the bridge bank. Of course we have various stabilisation options that exist that are defined in the law. We have the …
Thank you very much, Madam Chairman. Madam Chairman, I am on [clause] 12 b ecause [clause] 12, I think, is an important point and there is this issue with the bridge bank. Of course we have various stabilisation options that exist that are defined in the law. We have the private sector purchaser where we can force the sale of the bank. We have temporary public ownership where the Minister Bob Richards becomes the CEO of, you know, Bank of Butterfield or Clarien. And then we have the other part where we have the bridge bank and that is the second stabilisation option. And the bridge bank . . . I am just hoping the Minister can clarify a little bit because as I said in the general de-bate I think it is clear that we get to the point where public money . . . and there is the question of when this public money gets used to prop up or help or assist a bank in some way, shape or form because I think that is the main concern that all persons have. So I was hoping the Minister could give me some clarity on [clause] 12, the intent with regard to the bridge bank and confirm my thoughts or the ideas that this is basically where troubled assets can be transferred to one part of the bank so that the good bank can take care . . . and we are almost creating a bad bank; and then, I guess, the question is, the reso-lution is what happens to the bad assets and the bad bank? How do we intend on dealing with those speci fic issues?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I think that the bad assets or the bad bank or the bridge bank . . . these assets may never go away, they may just sit there. But I think there would …
Thank you, Member. The Chair recognises the Minister.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I think that the bad assets or the bad bank or the bridge bank . . . these assets may never go away, they may just sit there. But I think there would be an attempt to retrieve them over time. But I think you a l-ready recognise the fact that you have . . . the idea is to take these bad assets out of the originating bank so that what is left can operate on a more permanent basis and on a more profitable basis. But the idea b ehind this is that the troubled assets in the bridge bank can either be worked, as we call it, worked off over a period of time or they can be sold to somebody else on, obviously, a hugely discounted basis. But it is certainly not the intention of the Go vernment to get into the banking business. And the idea of this resolution is that any costs involv ed end up getting charged to the bank anyway. So I just —
[Inaudible interjection] Hon. E. T. (Bob) Richards: Yes, yes. The offending bank gets charged for all of these charges. But the idea is not for the Government to be involved in the banking business in any kind of permanent way. But these assets can be taken off, and there are people who buy distressed assets as, I am sure, the Honour-able Member well knows. And so that would be the ultimate intent, to parlay these bad assets to distressed asset managers.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 11 through 92? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, I thank the Minister for his response. But I guess the question is . . . and I just want to get clarity here because I want to speak about the issue, and I do not want to talk about the elephant …
Thank you very much, Madam Chairman. Madam Chairman, I thank the Minister for his response. But I guess the question is . . . and I just want to get clarity here because I want to speak about the issue, and I do not want to talk about the elephant in the room. The question is when does public money get used, and do you see a point in time where under a bridge bank situation, not where you are selling off the assets or not where you are putting it in temporary public ownership, but underneath this whole bridge bank issue, is there any risk that you believe that pub-lic money may have to be used to either secure, to back up, anything, these sort of troubled assets? And I guess that is the question which I am trying to get an answer to.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Rich ards: I am sure that there obv iously could be an operating expense for the Gover nment to do this. As I say, I think the idea is for such expenses to be charged to the offending …
Thank you, Member. The Chair recognises the Minister.
Hon. E. T. (Bob) Rich ards: I am sure that there obv iously could be an operating expense for the Gover nment to do this. As I say, I think the idea is for such expenses to be charged to the offending bank. I think insofar as the bridge bank is concerned it would not operate like a bank that has got to have 558 12 February 2016 Official Hansard Report
Bermuda House of Assembly reserves and all that sort of stuff. It would be just there temporarily, like the wording implies, “a bridge.” Perhaps the Government might have to issue some guar-antees to solidify the situation, but it would not be . . . they will not be operating assets. So I think the bridge bank will be more in line with holding these assets, perhaps operating some of them on a temporary basis because there is bound to be administration involved with them. But I do not see any sort of significant cap italisation issues here, as opposed to, as the bridge bank is concerned, because it is not like a real bank that requires capital reserves and all that sort of stuff. It will basically depend . . . it will rely on the solvency of the Government.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 11 through 92? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much. I want to move to clause 85. And clause 85, I think, presents some challenges and questions; of course, challenges when we talk about the institution, I guess, of democracy because this Bill is giving the Minister power to make law without coming to Parli ament. …
Thank you very much. I want to move to clause 85. And clause 85, I think, presents some challenges and questions; of course, challenges when we talk about the institution, I guess, of democracy because this Bill is giving the Minister power to make law without coming to Parli ament. I think this is an issue where it is a little bit testy. So I was hoping the Minister could possibly give the rationale for it. I guess it could be the case of, you know, emergencies. But the thing is that when we are talking about the Minister having the power to make or change law, not orders or al l the rest —so not to make regulations, to actually change established law — without coming to Parliament, I think that provides a challenge. I was hoping the Minister could possibly elaborate on the necessity . . . and you are saying he cannot, but I am telling you what the law says. The Act, if I may read it says, “The Minister may by order amend the law for the purpose of enabling the powers.” It then goes on to say the “order shall be subject to the affirmative resolution procedure.” Then it says, “But if the Minister thinks it necessary to make an order without complying with” the affirmative resolution pr ocedure “the order may be made.” And I am saying . . . so it gives emergency powers there, so I was just hop-ing that the Minister could speak to situati ons where that may be required.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, I think the Government very often has the power to make orders and make amendments using the negative resoluti on. I mean, it will come here, but it will be a negative resolution.
Mr. E. David BurtThis says “affirmative.” Hon. E. T. (Bob) Richards: Yes. So if it is not the affirmative resolution procedure, it is the negative resolution procedure. Right? So, I mean, we have lots of situations where the Government can do things by the negative resolution procedure. I am getting a “no” here. …
This says “affirmative.”
Hon. E. T. (Bob) Richards: Yes. So if it is not the affirmative resolution procedure, it is the negative resolution procedure. Right? So, I mean, we have lots of situations where the Government can do things by the negative resolution procedure. I am getting a “no” here.
[Crosstalk]
Hon. E. T. (Bob) Richards: My note says this is commonly called the “Henry VIII Law.” It is a unique power, but it is a unique situation to the effect . . . for saving a bank for the public good.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 11 through 92? The Chair recognises the Member from constituency —
Mr. Walton BrownI know we are not talking about civil unions and divorce, I think that is specifically where Henry VIII was most —
The ChairmanChairmanSpecifically, I know. That was thrown out.
Mr. Walton BrownSo I need some help from the Minister because I cannot understand how a Minister, without coming before Parliament, can effectively make new law. And I need clarification on that. Our primary purpose here is to have laws according to our Constitution. How is it that any section in any …
So I need some help from the Minister because I cannot understand how a Minister, without coming before Parliament, can effectively make new law. And I need clarification on that. Our primary purpose here is to have laws according to our Constitution. How is it that any section in any proposed legislation can give authorisation to something that is outside of the framework of any particular Minister? So I need clarification on that.
Mr. Walton BrownIf we were to allow such an amendment to go through, or a piece of legislation to go through, it would set a fundamentally dangerous precedent, [and] that measure could be included in any legislation going forward.
The ChairmanChairmanYes, thank you, Member. [Pause]
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: The minute that these laws . . . this power is an emergency power . All right? And it allows the Minister, in emergency situations, to make rules, laws, but all those rules and laws that he makes …
Thank you. The Chair recognises the Minister.
Hon. E. T. (Bob) Richards: The minute that these laws . . . this power is an emergency power . All right? And it allows the Minister, in emergency situations, to make rules, laws, but all those rules and laws that he makes under those emergency situations have to be brought back to the House for ratification. So it kind of acts like a negative resolution situation, but the Mini ster has greater power under these extraordinary ci rcumstances because he can actually change things to suit the situation at the time on the ground, but a lways, ultimately, coming back to Parliament for ratif ication. The Ch airman: Thank you. Are there any other Members that would like to speak to clauses? The Chair recognises the Shadow Minister. Please proceed.
Mr. E. David BurtThank you very much, Madam Chairman. Madam Chairman, I understand what the Mi nister says a nd that is fine because the Act does state that . . . the clause does state that it has to go back to Parliament. However, it states that [if] within 28 days it …
Thank you very much, Madam Chairman. Madam Chairman, I understand what the Mi nister says a nd that is fine because the Act does state that . . . the clause does state that it has to go back to Parliament. However, it states that [if] within 28 days it lapses and if Parliament does not pass it, that the change that the Minister has made under his emergency powers still remains law. So, I mean, that . . . I just want it to be clear that we are, in fact, giving the Minister emergency powers, and we are giving the Minister power to overrule the will of Parliament if he so wishes to do so because the laws that he can change . . . the laws that he changes, when it comes back to Parliament, even if Parliament does not agree with it after 28 days, it is still set in place and it states here that it lapses and it does not invalidate any action that took pl ace before. Now to be clear, I understand the need for the emergency powers. I understand the need when you are placed in such a situation as a failing bank. I un-derstand that. But I just want Members . . . and we are here to examine and to scrutinise and, therefore, I think that it is important that Members here under-stand what it is that we are putting forward and the powers which we are giving to the Minister of Finance in these emergency situations. So I just want it to be clear that it cannot be . . . it does not rely on Parli ament because if Parliament says no, what the Minister has said before stands as a change and an amend-ment to law.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 11 through 92? The Chair recognises the Member from constituency 17.
Mr. Walton BrownMadam Chairman, I understand that there are some of us who want to get through this legislation right quickly, but we have to do it right. And this House cannot pass law which gives any Mini ster the ability to pass laws on his own. It is a fundamentally dangerous …
Madam Chairman, I understand that there are some of us who want to get through this legislation right quickly, but we have to do it right. And this House cannot pass law which gives any Mini ster the ability to pass laws on his own. It is a fundamentally dangerous precedent. It usurps the power of Parliament. It makes a mockery of Parlia-ment. I cannot countenance, I cannot imagine any circumstance in which a bank or any other financial institu tion would face a crisis that emerged within 24 hours. These crises —
The ChairmanChairmanProceed Member, you are talking to the Chair.
Mr. Walton BrownI am sorry. My apologies, Madam Chairman. These crises develop within a relatively short period of time. They do not take place in 24 hours. Why not give the Minister authority . . . or why not just reconvene Parliament for an emergency session? But to give a Minister authority …
I am sorry. My apologies, Madam Chairman. These crises develop within a relatively short period of time. They do not take place in 24 hours. Why not give the Minister authority . . . or why not just reconvene Parliament for an emergency session? But to give a Minister authority to bypass this Legislature is fundamentally inappropriate. We cannot . . . I am not even sure we have the Constitutional authority to allow that. I cannot imagine the Queen’s represent atives approving such a piece of legislation. So, I would encourage the Minister to rethink this provision. I think it is entirely prudent to call for an emergency session of Parliament to deal with such emergency measures. We are enacted by the people to pass laws to the benefit of this country. We cannot bypass that process with this proposed amendment and do so. It would just be a very fundamentally dan-gerous precedent. 560 12 February 2016 Official Hansard Report
Bermuda House of Assembly Minister, I would encourage . . . I would encourage the Minister, Madam Chairman, to reconsider this piece of legislation.
The ChairmanChairmanThank yo u. Are there any other Members that would like to speak to clauses 11 through 92? The Chair recognises the Member from constituency 36. Hon. Michael J. Scott: Thank you. I am sympathetic with the expressions given by the Honourable Member, Mr. Brown. I am symp athetic with …
Thank yo u. Are there any other Members that would like to speak to clauses 11 through 92? The Chair recognises the Member from constituency 36. Hon. Michael J. Scott: Thank you. I am sympathetic with the expressions given by the Honourable Member, Mr. Brown. I am symp athetic with Minister Richard’s supposed need for this provision. And I hearken back to this analysis that I read in the Geithner biography. These very kinds of issues faced the American Treasury as well. Waiting for Congress is not a great option when you are ha ving a bank that is burning, or the financial system is on fire. But I do not know whether we have an alternative tool. The Minister referred to tools in the kit. I do not know whether we have an alternative tool to prevent us from having to ride roughshod over the sovereignty of this place. And cutting and pasting from the British model, which this Resolution Special Provisions Bill is, may have endemic risk when applied to the Bermuda setting as well. So, as I say, I am . . . I understand the Mini ster’s position and the rationale for speedy action, but I do not think that banking institutions or banking sy stems should be the excuse or basis on which we i gnore the sovereignty of Parliament and hand it over to the Executive [branch]. It has to . . . I think we need to give consideration to alternative tools in the kit other than this particular one of making the Minister . . . giving the Minister Legislative power. Thanks.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 11 through 92? There are no other Members. Minister? Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. And I understand and appreciate the comments by the Honourable Members and the concern that we say that …
Thank you. Are there any other Members that would like to speak to clauses 11 through 92? There are no other Members. Minister? Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. And I understand and appreciate the comments by the Honourable Members and the concern that we say that the reason that this Bill is here today instead of a month ago, three months ago, six months ago, is that the legal experts and the Constitutional experts have run this up and down the flagpole many times, many times. And it has been a concern, particularly from the Attorney General’s Chambers; there were concerns about some of the aspects of this Bill, some that Honourable Members have commented on today. And I think that wordings have been changed to what we have here today that allayed those con-cerns under the circumstances . So, I appreciate your comments and I know they are heartfelt and I just want to let you know that members of the Attorney General’s office, the BMA, and other people involved in the promulgation of this have had the same issues. And, certainly, I can te ll you as the Minister of Finance, you know, I do not want to use that power. I can tell you, nobody wants to use that. But in a dire situation where decisions have to be made I . . . I am glad the Honourable Member, Mr. Scott, referred to Tim Geithner’s book that the kind of dec isions that have to be made under those circumstances, you know, somebody said, Well, you know, things may not happen in 24 hours, I can tell you that it might be one hour. All right? Because a decision had to be made before the market opened. All right? So it does not take any kind of imagination to think that you can-not wait around for Parliament. The experience has told us that you can get into situations where a decision has to be made be-fore 9:30 Eastern Standard Time, because that is when the markets open so . . . you know, not even 24 hours. So we know these circumstances can happen. It is not imagination. We know they can happen. We do not want them to happen. They are highly unlikely, but they have happened. Another thing I can tell you, Honourable Member, is that, you know, I am not a lawyer, but I know that the lawyers have run this in and out, up and down. All right? And I think that it is Constitutional . . . I have been told. It has been sent to the Foreign and Commonwealth Office and had their lawyers look at it. Your friends, yes, your friends at the Foreign and Commonwealth Office— [Inaudible interjections] Hon. E. T. (Bob) Richards: —and their lawyers have also had a long look at it. And apparently it passes muster. But I understand your concerns.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 11 through 92? There are none. Hon. E. T. (Bob) Richards: I move —
The ChairmanChairmanMinister, if we move those clauses? Hon. E. T. (Bob) Richards: I would like move clauses 11 through 92.
The ChairmanChairmanIt has been moved that clauses 11 through 92 be approved as printed. Are there any objections to that motion? No objections. Agreed to. Bermuda House of Assembly [Gavel] [Motion carried: Clauses 11 through 92 passed.]
The ChairmanChairmanMinister, please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I would like to move the next section which is clauses 93 through 199.
The ChairmanChairmanPlease proceed. Hon. E. T. (Bob) Richards: Thank you. C lauses 93 through 94 provide, under Part 1, for an overview of the division, interpretation of terms and the application of the terms “associate” and “company.” Clauses 95 through 117 provide, under Part 2, for the appointment of the bank …
Please proceed.
Hon. E. T. (Bob) Richards: Thank you. C lauses 93 through 94 provide, under Part 1, for an overview of the division, interpretation of terms and the application of the terms “associate” and “company.” Clauses 95 through 117 provide, under Part 2, for the appointment of the bank liquidator under the bank insolvency order, the objectives of bank liquida-tion and the functions and powers of the bank liquida-tor and other persons appointed to act. Bank insol-vency commences with the making of a bank inso lvency order by the Supreme Court on the applicati on of either the BMA or the Minister and ends with the winding up of the bank by the bank liquidator. The Bill provides the bank liquidator with two objectives. The first objective, which takes precedence, is to ensure that eligible depositors have their accounts transferred to another bank, or receive payment from the Berm uda Deposit Insurance [Corporation]. The second objective is to wind up the bank with a view of achieving the best result for the bank’s creditors as a whole. A copy of a bank insolvency order is required to be for-warded to the Registrar of Companies. Clauses 118 through 136 provide, under Part 3, for dealings with the bank property and for the role, rights and liabilities of contributories and credi-tors. All properties belonging to the bank in insolvency are to be vested in the bank liquidator. The court is to settle the list of contributories and to collect the bank’s assets to be applied in discharging the bank’s liabil ities. The court is empowered, when making a bank insolvency order, to make calls on all or any of the contributories to the extent of their liability, for the payment of money to satisfy the bank’s debts and liabilities. The court is empowered to adjust the rights of contributories against themselves and to distribute surplus monies amongst those entitled to it. Clauses 137 through 154 provide, under Part 4, for the procedure for dealing with bank debts. Provision is made for preferential debts and the ranking of such debts among themselves. Such debts are to be paid in priority to all other debts. Preferential debts may be given a preferential charge on goods belonging to the bank that have been taken from land-lords. Provision is made to ensure that notwithstand-ing the existence of a floating charge, a part of the bank’s property is made available for the satisfaction of unsecured debts. Clauses 155 through 182 provide, under Part 5, for the handling of incidents of fraud and misconduct. The Bill makes provision for offences in rel ation to persons seeking to conceal bank property, or to fraudulently remove out of the jurisdiction bank property, or cancel or destroy bank books, or falsify entries in bank books, or fraudulently part with or alter any documents relating to the bank’s property, or pawn or pledge any bank property —where such action occurs within 12 months preceding bank insolvency. There is provision for offences in relation to the making of gifts or transfers of bank property, et cetera or where a person cancels or removes bank property within two months of the date of any unsatisfied judgment. The court is empowered to declare present or former di-rectors of a bank liable to make contributions to the assets of a bank if, before the bank enters into bank insolvency, the directors know or ought to have known that there was no reasonable prospect of avoiding insolvency and allowed the bank to continue trading. Provision is made for the court to deal with transac-tions that have been entered into by the bank at an undervalue. The Bill defines “transactions at an u ndervalue” as the making of gifts, or transactions for which the bank receives no consideration or a consi deration the value of which is significantly less than the value of the consideration provided by the bank. The court is empowered to restore the position to what it would have been if the bank had not entered into that transaction. Where a bank has given a bank’s creditor a preference over the creditors by putting him in a bet-ter position than he would have been in the event of a bank insolvency, the court is empowered to restore the position to what it would have been if the bank had not given that preference. Clauses 183 through 199 provide, under Part 6, for voluntary arrangements and other proces ses. The bank liquidator may make a proposal for vo luntary arrangement, but only if he has presented a final report to the liquidation committee and the liqu idation committee consents to the proposal. However, the liquidation committee can only give its consent if it has passed a full payment resolution. And those are the comments, Madam Chai rman, for clauses 93 through 199.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 93 through 199? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much, Madam Chairman. I would ask the Minister if he could clarify when this process would take place—the whole issue of bank insolvency —as I know we have the whole i s562 12 February 2016 Official Hansard Report Bermuda House of Assembly sue of stabilisation where they …
Thank you very much, Madam Chairman. I would ask the Minister if he could clarify when this process would take place—the whole issue of bank insolvency —as I know we have the whole i s562 12 February 2016 Official Hansard Report
Bermuda House of Assembly sue of stabilisation where they are trying to stabilise the banks to make sure they do not go out of power . . . out of business, and we understand the reasoning for, I guess, the insolvency contingency being put in this Act as they may be applied differently than the insolvency provisions that apply . . . that exist under the Companies Act. But I just wanted to make clear to the listening public and also to Members who are sitting here today as we are rushing through this very large Bill as to the times as to when bank insolvencies may happen and this may be applied as opposed to the application of the provisions in trying to stabilise the banks and making sure that they stay in [business] and their depositors do not lose their investments.
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: I think the Minister and the BMA make that determination. They can make that order that I referred to earlier to establish a com-mittee to look into the affairs of the bank, and if it gets to a …
Thank you. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: I think the Minister and the BMA make that determination. They can make that order that I referred to earlier to establish a com-mittee to look into the affairs of the bank, and if it gets to a stage where transferring to a bridge bank does not work, or if they have already done all of that and it is still in trouble then a decision . . . I think, it is up to the Monetary Authority to make that decision that we have to go to the next step, which is to liquidate the bank.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 93 through 199? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much, Madam Chairman. I am not trying to jump back to clauses which we have already approved, but I just want to make it clear, and I just need for understanding purposes, that the insolvency only happens after a stabilisation, or may it be the time where …
Thank you very much, Madam Chairman. I am not trying to jump back to clauses which we have already approved, but I just want to make it clear, and I just need for understanding purposes, that the insolvency only happens after a stabilisation, or may it be the time where insolvency happens prior to stabilisation? I guess I just want to clarify that because it says that there are stabilisation options, so I guess I am trying to figure out which is first and how do they come, I guess in order of preference. How and when is that [decision] made, because there is the thing that says the first stabilisation option, the secon d stabilis ation option, a third stabilisation option . . . we have all of those. The question is when do we actually have to go to liquidation? What I am trying to figure out is, is that before or after and how does that fit in? Is there a time when you wo uld liquidate because you just do not want to do any of the stabilisation options?
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: I think the liquidation is one of the options. Okay? [Inaudible interjection] Hon. E. T. (Bob) Richards: Yes, one of the options.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 93 through 199? There are no other Members. [Crosstalk] [Gavel]
The ChairmanChairmanMinister? Hon. E. T. (Bob) Ric hards: So, Madam Chairman, I move clauses —
The ChairmanChairmanNinety -three through 199. Hon. E. T. (Bob) Richards: —Ninety -three through 199.
The ChairmanChairmanIt has been moved that clauses 93 through 199 be approved as printed. Are there any objections to that motion? There are no objections. Agreed to. [Gavel] [Motion carried: Clauses 93 through 199 passed.]
The ChairmanChairmanMinister, please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. I am going to move now to Division 4—Bank Administra tion which contains clauses 200 through 300. So I am going to move clauses 200 through 300.
The ChairmanChairmanPlease proceed. Hon. E. T. (Bob) Richards: Clauses 200 through 201 provide, under Part 1, for an overview of the Division and interpretation of terms used in the Division. Clauses 202 through 212 provide, under Part 2, for the appointment of the bank administrator and for the objectives of bank …
Please proceed. Hon. E. T. (Bob) Richards: Clauses 200 through 201 provide, under Part 1, for an overview of the Division and interpretation of terms used in the Division. Clauses 202 through 212 provide, under Part 2, for the appointment of the bank administrator and for the objectives of bank administration. Prov ision is made for an order of the court appointing a person to be the bank administrator upon an applic ation to the court being made by either the BMA or the Minister, nominating a qualified person for appoint-ment as bank administrator. There are two grounds for under which an application for a bank administrator may be made. The first is that the BMA or the Minister
Bermuda House of Assembly has made or intends to make a property transfer i nstrument under clause 11(2) or a property transfer order under clause 12(2). The second is that the BMA or, as the case may be, the Minister is satisfied that the residual bank is unable to pay its debts or is likely to become unable to pay its debts as a result of the transfer. Clauses 213 through 230 provide, under Part 3, for the process of bank administration. Upon the making of a bank administration order, a morator ium for the winding up of any bank that is in bank administration and for other legal processes is imposed by the court. No resolution for winding up may be passed, and/or no order for winding up may be made whilst the bank is in bank administration. The bank adminis trator is required to inform the relevant bank, the bank’s creditors, and the Registrar of Companies of his appointment and to also publish a notice of his appointment. The bank administrator is required to make a statement setting out his proposals for ac hieving the objectives of the bank administration. The bank administrator is required to state whether he proposes to pursue the first or second Objective. Where the bank administrator is unable to agree a statement with the BMA or the Minister, he must apply to the court for directions. This Part provides for credi-tors’ meetings to be summoned by the bank admini strator, and for such meetings to be conducted in a manner prescribed in rules. Clauses 231 through 250 provided under Part 4, for the powers of the bank administrator. The bank administrator is granted specific powers of a bank administrator under the Bill, which are, however, subject to the obligation under clause 209(2) that a bank administrator is required to begin working t owards both Objective 1 and Objective 2 while at the same time keeping in mind that Objective 1, which is support for a private sector purchaser or bridge bank. That takes priority over Objective 2. Further, the Bill requires certain powers to be exercised only with the consent of the BMA or the Minister. Clauses 251 through 267 provide, under Part 5, for the resignation and removal of the bank administrator. Where the bank administrator desires to resign from his appointment, he is required to file a notice of resignation to the court or, as the case may be, the creditors’ committee. The court may remove a bank administrator from office. Clauses 268 through 283 provide, under Part 6, for the management of the bank’s assets. In the process of a bank administration, following tran sfer to a bridge bank, and in the absence of an Objective 1, Achievement Notice, distribution may be made with the consent of the Minister and out of assets which have been designated as realisable by the rel evant authority and the bank administrator. Clauses 284 through 300 provide, under Part 7 for bank transactions. Provision is made for the process of handling transactions that have been en-tered into by the bank at undervalue. The Bill provides an exception where a bank enters into a transaction in good faith and for the purpose of carrying on the bus iness of the bank and for its benefit. The court is em-powered to restore the position to what it would have been if the bank had not entered into that transaction. Those are clauses 200 through 300, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 200 through 300? There are no Members. Minister? Hon. E. T. (Bob) Richards: Madam Chairman, I move clauses 200 through 300.
The ChairmanChairmanIt has been moved that clauses 200 through 300 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 200 through 300 passed.]
The ChairmanChairmanMinister, please proceed. Hon. E. T. (Bob) Richards: M adam Chairman, Div ision 5, which is clauses 301 through 314. I move [clauses] 301 through 314.
The ChairmanChairmanAre there any objections? No. Minister, please proceed. Hon. E. T. (Bob) Richards: Clauses 301 through 314 provide for preferential debts and cr iminal procedure. Provision is made for determining references to rel evant dates for the purpose of determining the exis tence and the amount of a preferential debt …
Are there any objections? No. Minister, please proceed. Hon. E. T. (Bob) Richards: Clauses 301 through 314 provide for preferential debts and cr iminal procedure. Provision is made for determining references to rel evant dates for the purpose of determining the exis tence and the amount of a preferential debt as set out in Schedule 3. In the case of bank insolvency, it is the date of the appointment of a provisional bank liquid ator or the date of the making of a bank insolvency or-der. In the case of bank insolvency, following bank administration, it is the date on which the bank entered bank administration. The Minister is empowered to make rules for the purposes of this Act. Rules may also contain matters specified in Schedule 4. Prov ision is made for the payment of fees in relation to i nsolvency proceedings and bank administration pr oceedings. Provision is also made for the Chief Justice to order that sums be deposited by way of security for fees payable by virtue of this clause. The Minister is empowered to levy the fees by order. Provision is made for the Minister to amend or modify the effect of an enactment passed before the commencement of this A ct. The Bill shall come into operation on such 564 12 February 2016 Official Hansard Report
Bermuda House of Assembly day or days as the Minister may appoint by notice published in the Gazette . Those are all the clauses from [clauses] 301 through 314.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 301 through 314? Thank you. The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much. Madam Chairman, although it is not specifically dealing with these clauses I do have something specific with cla use 310, but it is tangentially related to clause 301. And there is a question from one of the Members on my side regarding the schedule of pref-erential …
Thank you very much. Madam Chairman, although it is not specifically dealing with these clauses I do have something specific with cla use 310, but it is tangentially related to clause 301. And there is a question from one of the Members on my side regarding the schedule of pref-erential debts and the definition of debts and how that applies to creditors. I was hoping that the Minister of Finance, when he gets up to give a response to this point, can also explain the difference of how depositors are treated as opposed to other debtors because there is a confusion here insofar as the preference of debts and the clarification that depositors are the ones that always maintain the preference in this issue. So I think that is clear. I also want to speak in regard to clause 310 because clause 310 deals with credit unions. Now, credit unions are specifically not a part of this Bill. However, this Bill that we are passing gives the Mini ster the power to make this Bill apply to credit unions by the negative resolution procedure, and I think that is a little bit tricky. So I am trying to understand why we are going with saying that it does not apply to credit unions, but if we want it to apply to credit unions then the Minister can make it apply to credit unions by not changing the law but just making an order, and then it is a negative resolution procedure. I do not know how that works. I could understand the emergency powers beforehand. But this is a little bit more tricky because now we are asking, you know, to basically say that we have gone through this process, we have said that this does not apply to credit unions, and then we are saying that the Minister at any time in the future when he feels it necessary can by negative resolution say, Oh, guess what credit unions? This applies to you. So, I am hoping that we can get some clarity on those two points because I think the first point is very important and I would like . . . because this is such an important Bill I would like the Minister to take the opportunity to at least reassure members of the public (and some Members who may not be fully aware) that depositors take preference.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Thank you. There is no question that depositors come first. If a bank gets in trouble everything, you know, all the bank’s deposits are debts of banks. This is som ething that I think a lot of …
Thank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Thank you. There is no question that depositors come first. If a bank gets in trouble everything, you know, all the bank’s deposits are debts of banks. This is som ething that I think a lot of folks, kind of, do not get. It is your asset, but you lent it to the bank, so it is the bank’s debt to you. The depositors come first. But you have these things called “preferred shares” or “pr eferred bonds,” or “preferred debt” instruments. All right? The bank can issue such debt and they are . . . what they are is they are preferred to general creditors and they are preferred to common shareholders. That is what they are preferred to. But they are not pr eferred to depositors. Okay? So, insofar as the issue of the credit union, I think, again, these are just emergency powers if the credit union gets into, you know, a situation, then the Minister can step in. But I think that is what that is about. Because you have the same— you have a similar, I would not say the same— you have a similar risk of . . . to the general public who have got money in credit unions the same way you have money in a bank. And I know credit unions go out of their way to say they are not banks and they are not, but a similar circumstance could arise.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 301 through 315? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you. I accept the Minister’s answer. The challenge that I have is that unlike the emergency powers which we discussed under Division 2, which specifically states that the Minister can make an order, the order is subject to the affirmative resolution procedure, if Parliament is not sitting and he …
Thank you. I accept the Minister’s answer. The challenge that I have is that unlike the emergency powers which we discussed under Division 2, which specifically states that the Minister can make an order, the order is subject to the affirmative resolution procedure, if Parliament is not sitting and he does not feel the need he can made the order, he can amend the Act, and then it still has a clause for 28 days to come back to Parliament, or if the House is dissolved and all the rest—none of that is in this particular section. So I think that that creates a difference and it seems as though it is a different treatment. This basically says that the Minister can apply and change the law. So it is saying that he can change the law, but it is not sa ying that on his changing the law it has to go t hrough the affirmative resolution procedure. I do not agree with this particular clause and I would ask that the Minister would at least subject it to whether it is the affirmative resolution procedure or put the same pr otections that they have by the Minister changing the law by order that we discussed in the previous emer-gency powers. Because I think that it presents a cha llenge when we are talking about a negative resolution changing of laws, which is the exact power that we are giving the Minister under clause 310.
Bermuda House of Assembly Now, Minister, we have had a very long Bill. There have been very few disagreements. But on this particular point there certainly is a challenge and we are dealing with this issue and would hope that the Minister would at least take it under advisement to look and to see how this can be modified so that we can at least have the affirmative resolution procedure and the emergency powers so at least it has to come to Parliament when we are looking to change law. This is not about an order. This is basically saying, “The Minister may by order provide for this Act to ap-ply to credit unions.” That means he can by negative resolution change law, which is not something that I believe is legal or should be allowed.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: I will take it under advisement. As I said, the lawyers have run this up and down, but I will take it under advisement. [Inaudible interjections] Hon. E. T. (Bob) Richards: Well, I can get some advice …
The ChairmanChairmanThank you. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: What this clause does, I am told by the experts, what it does is empower the Minister under emergency circumstances to include credit unions in the whole SRR regime by negative resolution as opposed to changing laws by …
Thank you. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: What this clause does, I am told by the experts, what it does is empower the Minister under emergency circumstances to include credit unions in the whole SRR regime by negative resolution as opposed to changing laws by negative resolution. So this does not do anything other than . . . because normally a credit union would not be included because it is not a bank. All right? But there could be an emergency circumstance where you would want to be able to do something with a credit union for the public, in the public interest, and you could . . . and this clause relates to the power of the Minister to say, I am going to put a credit union under the special bank resolution regime and try to save depositor’s and member’s money under that circumstance.
The ChairmanChairmanThank you. The Chair recognises the Member from constituency 18.
Mr. E. David B urtI accept the Minister’s explanation, and far be it from me to argue with the esteemed team over there in the corner for the BMA, but if I may read . . . the first instance is this . . . and just to be clear, the challenge here is …
I accept the Minister’s explanation, and far be it from me to argue with the esteemed team over there in the corner for the BMA, but if I may read . . . the first instance is this . . . and just to be clear, the challenge here is “negative resolution.” Let us start there, the negative resolution. That is where the cha llenge lies. If this was affirmative resolution with the protections as we had in the previous clause, then we would not have an issue. The issue first lies with the fact that this is negative resolution. However, if I may read the clause . . . Madam Chairman, because of course we have to read the clause.
Mr. E. David BurtThe clause says, “The Minister may by order provide for this Act to apply to credit u nions.” Now, it is very clear that at the very beginning part of this Act it says that credit unions do not apply. So if you are making an order to say that …
The clause says, “The Minister may by order provide for this Act to apply to credit u nions.” Now, it is very clear that at the very beginning part of this Act it says that credit unions do not apply. So if you are making an order to say that credit unions apply, you are changing the law, to be very clear. It then goes on to say [in clause 310( 2)]: “An order may —(a) amend the Credit Unions Act 2010; (b) amend any other enactment which r elates, or in so far as it relates, to credit unions; (c) amend any enactment amended by this Division.” So it gives the Minister power to amend laws via negative resolution. That is the simple challenge. So I am asking if we can put the same provisions and protections here for the emergency powers that we put inside of clause . . . I want to say [clause] 95, that are there that basically state that they give the Minis-ter the power under the affirmative resolution, but then give the Minister in case of an emergency, that he can go ahead and include them and they can come back here to Parliament. But I do not see how . . . I do not . . . and I know the lawyers may have looked this over, but I do not see how you can actually give the Minister power to amend laws and legislation— primary legislation unrelated to this particular Act —by a negative resol ution procedure. That is my challenge. I understand why it is there. The question is not why it is there. It is a ques-tion of how it is written, how it applies, and how it ends up. And I do not believe that it is proper to give the Minister that power under the negative resolution pr ocedure. Notwithstanding the emergency pow ers, why do we not do it the same way that we did it in the pr evious section?
The ChairmanChairmanThank you. And for clarity we are talking on clause 310. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Again, we are kind of amateurs talking an expert game here. But as I see it this negative resolution only applies to the Minister’s power to include under the …
Thank you. And for clarity we are talking on clause 310. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Again, we are kind of amateurs talking an expert game here. But as I see it this negative resolution only applies to the Minister’s power to include under the resolution. It does not go as far as the other one does. All right? It just gives the Minister under an emergency situation to say, Okay, we can include the special resolution framework to . . . a credit union that is in trouble. It is not really chan ging law. It is just including . . . just under emergency 566 12 February 2016 Official Hansard Report
Bermuda House of Assembly situations, allows a credit union to be covered by this law. That is all. And it does not mean that we are going to be doing anything. And once it becomes covered by this special resolution, then all the other rules of this sp ecial resolution apply, which is not by negative resol ution. All right? So I think that that is how I . . . I thi nk I have explained it right.
The ChairmanChairmanThank you. The Chair recognises the Member from constituency 18.
Mr. E. David BurtI would ask the Minister to take some time possibly to confer with his technical offi cers. What he said is correct under [clause] 310(1). However, the issue is not [clause] 310(1). The issue is [clause] 310(2) which says the Minister by order may amend other pieces of legislation by …
I would ask the Minister to take some time possibly to confer with his technical offi cers. What he said is correct under [clause] 310(1). However, the issue is not [clause] 310(1). The issue is [clause] 310(2) which says the Minister by order may amend other pieces of legislation by a negative res olution procedure. As I said, I understand the Minister’s intent. I understand what the Minister is stating. The challenge is that we are giving the Minister power to change law under negative resolution, which was not what we did in prior instances inside of this particular Act where it gave him the power to change it under affirmative resolution, but gave him the power to make orders in case of an emergency that were required to come to Parliament within 28 days. This is saying “an order may amend the Credit Unions Act; . . . amend any other enactment which relates, or in so far as it r elates, to credit unions.” It is giving him the power to amend laws by the order and the order shall be sub-ject to the negative resolution procedure. I do not want to be pedantic, but if we are going back and forth, I would ask if the Minister would at least consider then deleting subsection (3) out of this so that at least it would be subject to the affirm ative resolution procedure, which is necessary because, as we know from the Statutory Instruments Act, if it does not state negative resolution, it is aut omatically affirmative resolution. Here we are giving the Minister power to amend laws via negative resolution, and I do not believe that that is something that we should be doing.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Again, I think that we have these powers in absolutely emergency situations. If the House is not in session and an emergency comes up, something has to be done, and we cannot wait for the normal procedure …
Thank you, Member. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Again, I think that we have these powers in absolutely emergency situations. If the House is not in session and an emergency comes up, something has to be done, and we cannot wait for the normal procedure to take place or else dire consequences can happen. And now I understand the Member’s point, but you have to bear in mind the context of all of this and the context of all of this is that if you have real emer-gencies and a real extraordinary situation where, you know, minutes, hours count, decisions have to be made, and we cannot come back to the House for it. So if the House is not in session— you know, even if the House is in session —you cannot wait for the House to come in session. I mean, that is the kind of situation we are dealing with here. So, these are emergency powers and that is why we have what we have.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 301 through 315? The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much. It seems as though the Minister . . . and I do not want to be talking about the point back and forth, it seems as though the Minister is confused with the very section of law which he is quoting. As I said, when we …
Thank you very much. It seems as though the Minister . . . and I do not want to be talking about the point back and forth, it seems as though the Minister is confused with the very section of law which he is quoting. As I said, when we are talking about emergency powers there are other provisions inside of this Act which give the Minister emergency powers. So I am just asking if the Minister will take some time to confer with his technical officers to find out. We have done a very good job of going through this very i mmense Bill, with this very immense Bill, speaking about these clauses, and the only objection that we are having is giving the Minister the power to amend other legislation via negative resolution. Therefore, I am asking him if he would either go to affirmative resolution or insert the same protec-tions that he has in this clause from clause 95, I think it was, inside of clause 310. That is all I am asking. I am not trying to argue with the Minister, but what the Minister is saying, that it is just for emergency powers, that is not the case.
The ChairmanChairmanThank you very much. The Chair recognises the Minister. [Crosstalk] Hon. E. T. (Bob) Richards: I am told, Madam Chai rman, that we can still do what we have to do if this particular clause is done by affirmative resolution. [Inaudible interjection] Hon. E. T. (Bob) Richards: Yes. PROPOSED AMENDMENT …
Mr. E. David BurtSo, Madam Chairman, I move that clause 310(3) be deleted from the Bill. The Cha irman: It has been moved that —because it is so small I am not looking for it to be put in writing, I Bermuda House of Assembly will just address it to the floor —that …
So, Madam Chairman, I move that clause 310(3) be deleted from the Bill.
The Cha irman: It has been moved that —because it is so small I am not looking for it to be put in writing, I
Bermuda House of Assembly will just address it to the floor —that on clause 310, which is titled “Credit unions,” [subsection] (3), which reads, “An order shall be subject to the negative res olution procedure,” be omitted from the Bill.
The ChairmanChairmanAre there any objections to that m otion? No objections. Agreed to. [Gavel] [Motion carried: Amendment to delete clause 310(3) passed.]
The ChairmanChairmanMiniste r, you have the floor. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. So I am moving now —
The ChairmanChairmanWe are going to approve. Hon. E. T. (Bob) Richards: Yes. I move to approve that amendment and to approve clauses 301 through 314, as amended.
The ChairmanChairmanIt is [clause] 315, is it not? Clause 314? It has been moved that clauses 301 to 314 be approved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 301 through 314 passed as amended in clause 310(3).]
The ChairmanChairmanMinister, please proceed. Hon. E. T. (Bob) Richards: Those are all the clauses,
The ChairmanChairmanPlease proceed. Schedules 1 through 5. Hon. E. T. (Bob) Richards: Madam Chairman, I move Schedules 1 through 5.
The ChairmanChairmanIt has been moved that Schedules 1 through 5 be approved. Are there any objections to that motion? There are no objections. Agreed to. [Gavel] [Motion carried: Schedules 1 through 5 passed.] Hon. E. T. (Bob) Richards: Madam Chairman, I move the Preamble.
The ChairmanChairmanIt has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: I move the Bill be repor ted to the House.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Banking (Special Resolution R egime) Act 2015 was considered by a Committee of the whole House and passed with amendment.] [Pause] …
It has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel]
[Motion carried: The Banking (Special Resolution R egime) Act 2015 was considered by a Committee of the whole House and passed with amendment.]
[Pause]
House resumed at 4:03 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
BANKING (SPECIAL RESOLUTION REGIME) ACT 2015
The SpeakerThe SpeakerHonourable Members, the Banking (Special Resolution Regime) Act 2015 has been read a second time and approved [as amended by a Com-mittee of the whole House]. We now move to Order No. 4 which is the Electricity Act 2015, in the name of the Minister of Economic Development, Dr. the …
Honourable Members, the Banking (Special Resolution Regime) Act 2015 has been read a second time and approved [as amended by a Com-mittee of the whole House]. We now move to Order No. 4 which is the Electricity Act 2015, in the name of the Minister of Economic Development, Dr. the Honourable Grant Gibbons. You have the floor.
BILL
568 12 February 2016 Official Hansard Report
Bermuda House of Assembly SECOND READING
ELECTRICITY ACT 2015
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker, and good afternoon. Mr. Speaker, I move that the Bill entitled the Electricity Act 2015 be now read the second time.
The SpeakerThe SpeakerThank you. Are there any objections to that? Carry on, please, Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I am very pleased to bring this piece of legislation this afternoon because in many respects it represents watershed legislation for the energy sector. It is …
Thank you. Are there any objections to that? Carry on, please, Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I am very pleased to bring this piece of legislation this afternoon because in many respects it represents watershed legislation for the energy sector. It is a result, certainly, of a lot of hard work by those in Government, the Regulatory Author ity, the stakeholders, and the public. And I think in simple terms it will allow us to much better manage Bermuda’s energy future. Mr. Speaker, as a number of Honourable Members will be aware, electricity has been in com-mercial production and use in Bermuda since the ear-ly 1900s when BELCO began its operations in Hami lton with a 50 kW generator. That is it. Since that time oil markets have changed and consumer demand has risen exponentially as Bermuda became a successful tourist destination and then a worldwide hub of inter-national bus iness. These and other changes have shaped our attitudes and expectations toward the supply of elec-tricity. Once a luxury, electricity now supports our economy and our modern lifestyles so that nearly ev erything we do is dependent on reliable and high qua lity electricity supply. Bermuda is not alone in that d ependency and other developed and developing eco nomies are now competing for a finite resource, namely oil, to fuel the generators that produce their electricity and underpin their transportation sectors. Not only has pricing stability become a prime focus, but with increased global oil use comes increased global emissions and our need to be con-scious of our responsibilities as a community to r educe our environmental impact for the benefit of future generations. Mr. Speaker, with challenges come opportun ities and there are certainly opportunities for other technologies and market participants in the electricity sector. We have seen the growth of the solar industry in the past few years and its increasing utilisation in both the residential and commercial sectors in Ber-muda. It now makes sense to open larger scale generation to other participants and to new renewable and alternative sources. In order for competition to develop fairly and efficiently to benefit Bermuda con-sumers, we need to implement a much more robust and agile regulatory framework. Mr. Speaker, the purpose of the Electricity Bill 2015 is to introduce a new regulatory regime that modernises the regulation of electric power gener ation, dis tribution, and retail sale for the benefit of the residents of Bermuda. The improved regulation will liberalise the market, protect end users, redefine the incumbent utility, and ensure that opportunities exist for all credible entities willing to participate in the planning and delivery of Bermuda’s energy future. Mr. Speaker, the reform of the Island’s electricity sector also comes at a critical time as several of the utility’s generation assets are scheduled to be r etired in the near future, with some generators already working well past their useful life. Notwithstanding this, there are an increasing number of alternate and viable technologies available for Bermuda to consider which include solar, wind, waste to energy, and liqu efied natural gas (LNG). The near and long- term investment decisions that will be driven by these options will have a long lasting impact on our economy. Therefore, the intent of this Bill, Mr. Speaker, is to not only establish a framework by which future investments in the production and sale of electricity will be evaluated and regulated, but to also transfer responsibility for the regula-tion of electricity from the Energy Commission to the Regulatory Authority of Bermuda, which was launched in January 2013 under the Regulatory Ac t 2011 and is currently responsible, as many Honourable Members will know, for regulating the telecommunications sec-tor. Mr. Speaker, this Electricity Bill has been drafted and is intended to work in conjunction with the Regulatory Authority Act 2011. The Regulatory A uthority Act (RAA) provides the rules of engagement for the Regulatory Authority, specifically, how it operates, how it supervises licensees and service providers, how it provides oversight to the regulated sector, and its responsibilities to the public, government and i ndustry. This new Bill is defined as “sectorial legisl ation” under the auspices of the Regulatory Authority Act and adds electricity as a regulated sector along with telecommunications. Mr. Speaker, in November 2014 the Gover nment began its public consultation process for electri city with the Energy Summit, the final session of which was a facilitated workshop during which key electricity issues and sector stakeholders were identified. In 2015, through a series of workshops held with the Regulatory Authority, non- governmental organis ations, government departments, industry stakeholders, and interested members of the public the electricity policy framework was developed. As this Honourable House will recall, the National Electricity Sector Policy of Bermuda was tabled in this honourable House and debated on June 5th of last year.
Bermuda House of Assembly Mr. Speaker, the National Electricity Sector Policy established four key objectives for the electric ity sector in Bermuda. They are that the provision of electricity service should be: 1. Least cost and high quality; 2. Environmentally sustainable; 3. Secure; and 4. Affordable.
Mr. Speaker, the Policy also introduced an aspirational matrix of electricity supply options that suggested targets for both renewable energy gener ation and energy efficiency and conservation that could possibly be achieved over the next 20 years. These options included diversifying how we generate elec-tricity with natural gas, solar, photovoltaic, wind, waste energy, and a future renewable energy source which is yet to be determined. The aspirational matrix is just that—aspirational —it does not define nor mandate specific investment decisions, but instead provides a starting po int for public consultation and planning. The investment decisions will be guided by a defined regu-latory process under the jurisdiction of the Regulatory Authority after in- depth stakeholder consultation. Mr. Speaker, in the course of wider public consult ation and workshops aimed at evolving the new electricity policy into workable legislation it was evident that both economic considerations and env ironmental concerns were key. So the new legislation is aimed at striking a reasonable balance between the two. Honourable Members will recall that a draft Electricity Bill was tabled in July 2015 before this Honourable House rose for the summer. This allowed a long-er period for public review and comment before this current Electricity Bill was tabled in December of last year. Mr. Speaker, it is worth noting that public consultation has been carried through every part of the policy and Legislative government process. And in fact, as Honourable Members will see in the legisl ation, public input will play a significa nt role in determi ning Bermuda’s energy future. Mr. Speaker, while the Electricity Bill enshrines the four key objectives specified in the N ational Electricity Sector Policy, it is important to recog-nise that trade- offs are sometimes required between multiple objectives. Consequently, this Bill provides some flexibility to the Regulatory Agency in allowing them to make decisions that strike a reasonable ba lance between potentially competing objectives. Mr. Speaker, as mentioned, the Bill transfers responsib ility for the regulation of electricity from the Energy Commission to the existing Regulatory Authority. The functions that the Authority will be responsible for include: • Licensing the generation of electricity; • Licensing the transmission, distribution and retail sale of electricity; • Sanctioning investment decisions; • Regulating wholesale and retail tariffs; and • Setting service standards.
Additional capacity to help fulfil these obligations will be created within the Authority in the form of two additional commissioners. Mr. Speaker, licensing will be a key respons ibility for the Regulatory Authority. There will be three types of licences, namely, bulk generation, self supply, and transmission, distribution and retail (which I will refer to occasionally as TD&R licences). Bulk generation refers to large scale electricity generation above a set threshold that will be deter-mined by the Authority after consultation. The r equirements of a bulk generation licence will be rigor-ous in order that the electricity loads and supply can be planned and dispatched in an orderly manner that maintains and, if possible, improves on the integrity and reliability of the service we enjoy at present in Bermuda. Mr. Speaker, the licence threshold that differentiates a bulk generator from a distributed generator has not yet been established but will be done in con-sultation with the electricity industry and key stak eholders. It will be designed so that those who are e ngaged in small scale solar electricity production will not be required to have a licence. Instead, these smaller producers will only require a standard contract agreement with the utility, which is an updated and more robust version of the interconnection agreement they hold at the moment. Mr. Speaker, a self -supply licence will enable a larger customer to essentially come off -grid. A potential licensee will be required to demonstrate that they can provide sufficient capacity and redundancy to serve all their electricity needs with no reliance on BELCO. The rationale for t his level of self -reliance is to ensure that the utility can redeploy its power assets to other users without the possibility of compromising the grid’s stability in the event a large customer sud-denly and unexpectedly comes back online. Mr. Speaker, the final type of licence is a transmission, distribution and retail (TD&R) licence. There is no public benefit given the cost of infrastructure and the size of Bermuda to allow competition in transmission, distribution and retail. Therefore, there will be only one licensee. The TD&R licence is for the operation and management as well as the infrastructure and retail administration required to deliver electricity from a generator to the end user or retail customer. The TD&R licensee will be tasked with procurement of generation resources, management of the grid, and maintaining service and standards to the end user. The TD&R licence holder will be closely regulated in exchange for being the sole licensee. Simply put, BELCO will hold the only TD&R licence, but it will no longer have exclusive control over all parts of the electricity supply chain in Bermuda. 570 12 February 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, as noted above, the procur ement of generation resources will be done by the TD&R licensee, but they will be accountable to the Authority for those acquisitions which must be made in accordance with the Integrated Resource Plan (IRP). Anyone who produces electricity, ranging from small distributed generation, as in the residential rooftop solar PV [photovoltaic], to utility scale power plants will ha ve the opportunity to provide competition under the new regulatory regime or structure.
[Inaudible interjections]
Dr. the Hon. E. Grant Gibbons: Now, the Bill prohi bits wheeling, which is the transport of electricity from one entity to another using the utility’s network. In other words, it does not allow —
[Gavel]
The SpeakerThe SpeakerHonourable Members, I do not mind you talking, but keep it down a little bit please. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Maybe I should start again. The Bill prohibits wheeling, which is a term which defines the transport of electricity from one entity to another …
Honourable Members, I do not mind you talking, but keep it down a little bit please. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Maybe I should start again. The Bill prohibits wheeling, which is a term which defines the transport of electricity from one entity to another using the util ity’s network. In other words, it does not allow an ind ependent power producer to use the utility’s infrastructure for selling electricity directly to a third party. This means that anyone producing power above an estab-lished threshold will hold a bulk supply licence and sell that power to the grid at a regulated price. Mr. Speaker, in addition to this Bill creating a framework for the licensing structure in the electricity sector, it also empowers the Regulatory Authority to set service standards for the industry. These stand-ards include reliability and quality of service obliga-tions for all licence holders. Another new feature i ncluded in this legislation is the addition of provisions to protect the rights of the consumer. The Authority will be given the power to regulate rates and the commer-cial and marketing practices of any sector participant. The Authority will also be able to issue directives go verning the confidentiality and use of customer data. Mr. Speaker, Bermuda needs affordable, high quality, environmentally sustainable and secure elec-tric power to sustain its economy. Like most other countries, we primarily rely on fossil fuels to generate electric power. The fuels that Bermuda has traditiona lly used are a combination of diesel and heavy fuel oil. Although readily available they are subject to volatile pricing and are a major contributor to greenhouse gas emissions. Currently, Bermuda has limited renewable energy options for what is known as “base load po wer,” which is the power required to meet consistent consumer demand every day and all day. Commer-cially viable and low -cost renewable energy technol o-gies that can generate electricity for Bermuda include solar, wind, and waste to energy. However, each is limited in its ability to supply steady and reliable around the clock power. Mr. Speaker, notwithstanding these limitations for base load, renewable energy has the potential to significantly contribute to Bermuda’s peak load power requirements by providing incremental power during high demand periods such as the middle of the day when the demand, for example, for air conditioning is higher. Renewable energy sources will help to reduce the need for higher costs peaking engines (as they are sometimes called) to be loaded and put on stream by the utility. Government clearly recognises the value of renewable energy and this is why efforts have b egun to issue a rigorous RFP or (request for proposal) for a solar utility scale development at the airport fi nger. The value of renewable energy will undoubtedly increase as energy storage technologies improve and decline in costs. Increased storage capacity will enhance the ability of renewable energy to make a si gnificant contribution to base load power in the future. Mr. Speaker, there are also opportunities to replace our current base load fuels —diesel and heavy fuel oil —with others that are readily available, produce less greenhouse gas emissions, and are less costly than the current fuels. Liquefied Natural Gas (LNG) is one such option. More importantly, fuels such as LNG are projected to have significantly less price volatility in the global energy markets. Mr. Speaker, as we consider new base load fuels and the commercial scale deployment of various renewable energy alternatives, a regulatory mecha-nism is required that would allow them to be consi dered with full public participation. That mechanism, Mr. Speaker, is the inclusion in th e Electricity Bill of a protocol for the development of an integrated resource plan (IRP). Mr. Speaker, IRPs, or integrated resource plans, were traditionally developed by electric utilities to create strategic plans to meet future energy demands over a specified period and are generally r equired to have these plans reviewed by the regulators. In the past in Bermuda the utility’s IRP may have i nformed base rate filings, but our regulators had no real ability to comment or otherwise change that IRP. It was primarily an internal tool which was developed by the utility for the purposes of guiding their infrastruc-ture development and investment plans to meet pr ojected future demand. Mr. Speaker, the IRP process is currently used successfully in many other jur isdictions including Hawaii, California, Oregon, Washington state, Idaho, Montana, Utah, Colorado, Arizona, Nevada, New Mexico, British Columbia, Manitoba, Crete, Austria, Alexandria and India. It is a more modern and incl usive means by which to determine our future energy plans.
Bermuda House of Assembly Mr. Speaker, the Bill defines Bermuda’s IRP process as follows: 1. The Regulatory Authority, after consultation with the utility, will determine when an IRP needs to be developed and will request a draft IRP from the utility. BELCO i s ideally suited to produce the first draft not only because they have the requisite knowledge and experience, but because they have the data required to develop the necessary models. 2. The Regulatory Authority will review the draft IRP to assess whether it meets the requir ements for public consideration and then commence the public consultation process, which will include challenge as well as comments. This transparent process will allow other pr ospective bulk generators to participate and challenge provided they have proven technologies and experience to support their position. 3. After consultation, BELCO will submit a r evised plan to the Authority. Once the Authority is satisfied that the IRP includes the best pos-sible mix of energy for Bermuda, the IRP will be approved and published on the website of the Authority.
Mr. Speaker, the development of the IRP will be an iterative process carried out with full public participation to ensure that each successive draft achieves the best balance of the four Electrici ty Policy objectives, which are (to repeat): least cost and high quality, environmentally sustainable, secure, and af-fordable. With respect to the implementation of the IRP, the Authority will also supervise and monitor the pr ocurement activities. This oversight will ensure that the most economically efficient means of achieving the targets of the IRP are pursued, which may include the purchase of power from new, independent and bulk power producers. Mr. Speaker, the IRP will be an essential tool in setting retail tariffs or rates, which is another r esponsibility of the Regulatory Authority under this new regime. Tariff setting methodologies will take into co nsideration the policy objectives, but will also allow the TD&R licensee to a rate of return that ref lects the cost of service and the cost of achieving the service standards set by the Regulatory Authority. The Regulatory Authority will also have to ensure that the TD&R licen-see is able to attract investors by receiving a reaso nable rate of return on their investments while still e nsuring that the interests of the end users are well served. Mr. Speaker, monitoring, compliance and enforcement are also key features of this Bill. There are penalties for contravention of the Act or its regul ations, and the offences are not limited to the utility but include all market participants. The offences range from failure to pay licence fees and failure to comply with safety standards to obstructing the Minister or the Authority and tampering with critical infrastructure. Consequences for offences are analogous to those in the electronic communications sector under the Elec-tronic Communications Act 2011, using fines and, where warranted, custodial sentences. In this section, in particular, it is essential to refer to the relevant sections of the Regulatory Authority Act in order that the hierarchy and progression of corrective actions are understood. Enforcement actions will not be taken capriciously or arbitrarily and will offer the licensees reasonable time to take corrective action. Mr. Speaker, the Electricity Bill 2015 also i ncludes a transitional provision to ensure that BELCO will be granted those licences that it will require to continue operating under the new regulatory enviro nment. These licences will be issued only after specific filing obligations have been met. Also, and as a trans itional measure, the Act ensures that BELCO will continue to have the legal authority to provide all existing electricity services until such time as the new licences have been iss ued. Mr. Speaker, it is this Government’s intent to begin the process of modernising the electricity sector by enacting this legislation. The first major milestone along that path is the transfer of regulatory respons ibilities from the Ministry and the Energy Commission to the Regulatory Authority of Bermuda. Mr. Speaker, this Government remains committed to serving the best interests of Bermuda. It is our intent that these reforms will transform the energy sector to a more inclusive and competitive market operating with transparency and accountability for all our residents and businesses. Mr. Speaker, in closing, I would particularly like to acknowledge the hard work of the Department of Energy, the Attorney General’s Chambers, and our consultants Castalia, and Legal and Drafting Services Ltd. In addition, I would like to thank the energy sector providers and the public for their contributions and participation in this process. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The Chair will now recognise the Shadow Minister for Economic Development, Jamahl Simmons from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. Good afternoon colleagues and good afternoon Bermuda, the listening audience. I would like to begin, first, by being very appreciative of the Minister because he actually reached out to me and offered the assistance of the technical staff in looking through this Bill and having any …
Thank you, Mr. Speaker. Good afternoon colleagues and good afternoon Bermuda, the listening audience. I would like to begin, first, by being very appreciative of the Minister because he actually reached out to me and offered the assistance of the technical staff in looking through this Bill and having any ques-tions that I raised being addressed. And this is a very technica l Bill, this is not a walk in the park, Mr. Speaker, but we will try and manage accordingly. 572 12 February 2016 Official Hansard Report
Bermuda House of Assembly One of the things, I think, that I would like to touch on is the need for the regulation of costs of electricity in Bermuda. And I think this is something that is a reality not just for the business community, but for the average consumer. The cost of electricity in Ber-muda is a deterrent to businesses. It has impact on people looking to invest, whether it is hotel development, it has an impact on businesses that are curren tly operating because of the high cost. So, these costs make doing business in Bermuda a lot more expe nsive than in other jurisdictions, and it has to be a ddressed for us to maintain our competitiveness as we try to seek investment. But, Mr. Speaker, for the end user, the person who at the middle of the month comes home and flicks the light and it does not come on because they could not pay their bill because their pay did not go far enough, for the person who is just, you know, on a credit plan with BELCO to keep their lights on because their bill may be $400– 500 a month, not b ecause of irresponsibility, not because of wastefulness, but because that is just what it costs. And so, Mr. Speaker, we on this side recognise the benefit of find-ing a way to drive the cost down while obtaining reli ability and addressing the environmental concerns. Those are the key. For Bermuda to go forward we have to get a grip on this. And, Mr. Speaker, on the issue of regulation, I think it is important that this regulation as it goes for-ward continues to be nimble and adapted to the changing environments. A part of our success as a business jurisdiction drawing new business, is our ability to match the tides and provide legislation that is able to address changing circumstances. So I would encourage the Ministry to continue on that. Mr. Speaker, the Honourable Member, the Minister, he had a quote he gave me years ago and I will always remember it, and he said the most horrible words to hear are, I’m with the Government and I’m here to help. Regulation has its place. We must be guarded that regulation does not become onerous to the businesses involved, that it does not become an impediment to new businesses coming forward and joining into the opportunities, we must also make sure that it does not create delays that will impede bus inesses from being able to benefit from the opportuni-ties available in Bermuda. So Mr. Speaker, with those . . . I have more remarks that will be more appropriate [during] the ac-tual Committee phase. With those brief remarks, Mr. Speaker, I take my seat. But also I would like to join the Minister in thanking the technical staff for their work, but also the workers and the management at BELCO. If any of us have travelled or lived anywhere else in the world, we should know that we have a power company that is the envy of the world in terms of reliability, in terms of stability. While there is always room for improvement, I think we should be very proud of what Bermudians have done with this company over the years since being founded. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 6, MP Wayne Furbert. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, before I get into the . . . I just want Dr. Grant Gibbons . . . because this particular …
Thank you. Thank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 6, MP Wayne Furbert. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, before I get into the . . . I just want Dr. Grant Gibbons . . . because this particular exercise on BELCO goes way back to the 1900s. And we all know Dr. Grant Gibbons and the family. I just want to make sure that there are no interests that t he family is involved in, whether directly or indirectly, that we should be aware of. I am not accusing him. I just want to [be sure] that everything is above board, whether there is any family, any cousins, any family trusts that are involved, because BELCO . . . it was a close -knit group. I just want to ask the Minister whether he can confirm whether —
The SpeakerThe SpeakerThis is not question and answer — Hon. Wayne L. Furbert: Well, Mr. Speaker, I think it is very important. Mr. Speaker I think it is very i mportant that we know if the Minister has — Dr. the Hon. E. Grant Gibbons: If I had an interest, I would …
This is not question and answer —
Hon. Wayne L. Furbert: Well, Mr. Speaker, I think it is very important. Mr. Speaker I think it is very i mportant that we know if the Minister has —
Dr. the Hon. E. Grant Gibbons: If I had an interest, I would have declared it.
Hon. Wayne L. Furbert: Okay, great. That is all I need to know. That is fine. I . . . and that is, I think, what the public wants to make sure. Okay? Because I think this is historic. Dr. the Hon. E. Grant Gibbons: If Zane De Silva was here, he would have asked me.
Hon. Wayne L. Furbert: Yeah, that is right. Because we all know that this country was very closely held in corporations by a very small group of families. All right?
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of order.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: The Honourable Member will be aware—
The SpeakerThe SpeakerJust one second. Honourable Member, please take your seat. Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: I think the Honour able Member is heading off in a direction which may be misleading the House. I think most people in the community are aware that BELCO, through Ascen …
Just one second. Honourable Member, please take your seat.
Bermuda House of Assembly Dr. the Hon. E. Grant Gibbons: I think the Honour able Member is heading off in a direction which may be misleading the House. I think most people in the community are aware that BELCO, through Ascen dant (which is the holding company), is a publicly owned company these days. Thank you.
The SpeakerThe SpeakerThank you very much. Hon. Wayne L. Furbert: I am not denying that, Mr. Speaker. It can still be publicly held, but held close within a small circle. Tha t is easy. But I am not accusing the Minister. But let me congratulate the Minister — Hon. Patricia J. Gordon …
Thank you very much. Hon. Wayne L. Furbert: I am not denying that, Mr. Speaker. It can still be publicly held, but held close within a small circle. Tha t is easy. But I am not accusing the Minister. But let me congratulate the Minister — Hon. Patricia J. Gordon -Pamplin: You are an accountant — Hon. Wayne L. Furbert: —let me congratulate the Minister —
Dr. the Hon. E. Grant Gibbons: That is much better, Pat. Hon. Wayne L. Furbert: Yes, I do. But I just want to make sure that everybody knows where we are. I want to congratulate the Minister for bringing this Bill. I mean, I recall the Minister when he was i nvolved in technological . . . with Cable & Wireless and that, he was very much instrumental. I believe he was the Minister involved in those early years in telecom-munications. So, we have got the Minister who has done a tremendous job, although I question telecom-munications and the rates that we have and I think we can do some things better. The Minister is breaking up, hopefully, the BELCO . . . a regime that has been [in place] for a long time. And that gets to my point. Let me say that I was happy to be invited by the Minister to attend a few meetings that the stak eholders . . . and it was a broad group, a broad group that was out there, and I attended two and I was for-tunate enough to be able to participate asking ques-tions, although I felt that the final papers should have come back to the stakeholders for any further ques-tions, I think, we are here where we are. So I support the idea. But the big elephant is still in the room as far as I am concerned, and that is BELCO. Although they have done a great job over the years, [I question] whether the competition is where we want it, and by passing this piece of legislation today (and it will pass, I do not think anyone will knock it), whether we have gone far enough. Because I know the Minister [had] this tight deadline with the consultants, and pushed . . . everybody was being pushed in a certain direction so we could get where we are today. Recall [what] the Minister brought last year or had, I think it was, a p a-per to the House mentioning the consultants. And they came in and they told us they had to give a certain deadline, a certain deadline, a certain deadline, and whether we actually went far enough to really look at where we are. Because I remember looking at the particular analysis that they had come up with and I asked myself the question, But are we really saving that much money? Are we really making it happen the way the people want? Are we really telling the people that once we finish . . . I mean, I know that the fuel adjustment has come down and I mean the fuel a djustment a couple of years ago was $20.00, I think it was almost $20.00 or $21.00, now it is down to— Dr. the Hon. E. Grant Gibbons: Twenty cents. Hon. Wayne L. Furbert: Sorry, 20 cents . Now it is down to 10 cents, I believe it is. All right? So those things . . . I think people have seen their BELCO bill drop. So we have to . . . and let me say that we have to move away from fossil fuel. All right? We have to move away from fossil fuel and ot her types of energy and whatever. I am wondering whether we have the rules to ensure that the compet itors . . . because at the end of the day, the compet itors coming in need one thing and they put one thing above all —land. I am not sure whether the Minister . . . and I am hoping during his wrap- up he will tell us what land has been allocated for competitors to work in to [generate] this renewable energy. Whether it is LNG or whatever, where will they be operating out of? We talked about the finger down there at the airport as far as solar, which will help out with the energy situation, but where is the [site for] LNG that the Minister allud-ed to that will possibly be operating when we have limited space in the country? And I mean, one space I can think of, two of them in particular, are Morgan’s Point and, of course, down there on Southside, and probably Tudor Hill for other things. But where is the Minister . . . is the Minister going to reveal to us today that, yes, this is the area that the new companies coming in, the providers, will operate out of? What will they be able to do? Will there be more than one provider? Is there only one . . . only one company? Will BELCO be allowed to get involved in the generation of electricity or will they be only, as he laid out, I believe I saw it in the notes, the transmission and— [Inaudible interjection] Hon. Wayne L. Furbert: Yes. Will they only be allowed, will they . . . is the Government in the position to tell the country that we have identified a company for LNG, or are they telling us, This is the Bill. We are going back out for RFP for other people to get i nvolved in the actual . . . the generation of electricity ? 574 12 February 2016 Official Hansard Report
Bermuda House of Assembly So these are things . . . and I would hope the Minister will come, and like I said, I welcome and we have some questions in the actual Bill itself that I would like to put forward, but we have got to be clear that above all there is competition, that the price that the people are paying . . . I think I wrote a note yesterday. I think roughly right now is 23 cents —
[Inaudible interjections] Hon. Wayne L. Furbert: [I think] 23 cents for BELCO [and] 16 cents for fuel adjustment, or roughly 16 cents , or whatever it is. I was trying to . . . I am bringing it down. I am bringing it down. And I believe BELCO gets somewhere about 3 per cent or 4 per cent return on the situation. What is Government real-ly making out of this? What is the cost factor in that it is costing the driving the . . . We are paying $8.00, $7.00 on our cars. Everybody else around the world, the United States particularly, are paying $2.00 or something. What . . . We have now, at least I do not know, what impact is the cost by Government in . . . I think it is $33.00 a barrel that Government charges, and I think it is a million barrels that BELCO uses per year. And I was trying to work out some quick math last night, but for some reason I went to sleep. And I was going to work out basically what the Gover nment’s cost in the 23 cents that it is costing the price of fuel to go up. Okay? For instance, if the Gover nment was to remove to all the fuel . . . I am not saying they do because we need the taxes, but if Gover nment was to remove it, what is the real cost for BELCO? So, Minister, I welcome it and I think the—
The SpeakerThe SpeakerSpeak to the Speaker. Hon. Wayne L. Furbert: I am sorry. Mr. Speaker, I think the whole idea of prov iding competition, we want to make sure the competition is real, we want to make sure that BELCO is not somewhere around the corner through some affiliate associates. Because I …
Speak to the Speaker. Hon. Wayne L. Furbert: I am sorry. Mr. Speaker, I think the whole idea of prov iding competition, we want to make sure the competition is real, we want to make sure that BELCO is not somewhere around the corner through some affiliate associates. Because I believe, and we will talk about it in clause, I think it is clause 8, that goes behind it and have some other company doing some other things which is not BELCO, but is owned by some other group, comes in and tries to provide things which cost the . . . which continues the [high] cost. So we do not want to be in 4, 5, 10 years still paying 40 cents a kilowatt. All right? We know the impact it is having on the hotel . . . the tourism industry, particularly with the hotels and their return on their own investment by putting this . . . it has a significant impact. All the hotels are charged less per kilowatt hour than our households. Okay? So we need to make sure . . . I would have thought that there could be some further . . . whether Government is charging $33.00 a barrel or whether there be some rebates to hotels, that could come later on, further rebates to hotels so they could have some further returns on in-vestment, so they can build more things for whatever and ever and ever. So, I am hoping the Minister will clearly tell us that yes, this is the first step. And I think what we wil l have to do is continue to monitor whether the pr ogress, once the actual generators —not generators, the providers are put in place to see what they are doing and make sure that Bermudians above all are paying a reasonable cost, because electricity costs are affecting the whole cost throughout our economy one way or the other. It is just driving everything up, and at the end of the day, I believe that we . . . and I want the Minister also to look . . . and it is not in this paper, but particularly when it comes to solar and whether we can find a way to ensure that Bermudians can put solar on . . . I know we took that tax rebate back, but whether Bermudians can put . . . come up with a scheme where Bermudians can put solar on their property for longer period of time and which will help to . . . I mean, maybe some people, particularly I cannot go out and find $32,000 or $40,000 to put some solar on my roof right now, but whether there can be a system that allows ordinary Bermudians to put these things on their property but then pay for it over a period of time based on what they are paying for BELCO over a period of time. I am just saying something I think we can do. But, Minister, I appreciate the work that you have done and just, hopefully, at the end of the day we have gone as far as we can, and as time goes on, we will probably have to take further steps. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 20, Pembroke West, MP Susan J ackson. You have the floor.
Mrs. Susan E. JacksonI would just like to congrat ulate the Ministry of Energy for all the work that they have done, and the consultants that have helped them through the Attorney General, et cetera. And I would like to really just applaud the community as well because we have been working on …
I would just like to congrat ulate the Ministry of Energy for all the work that they have done, and the consultants that have helped them through the Attorney General, et cetera. And I would like to really just applaud the community as well because we have been working on trying to find ways to become more energy efficient and to also create a cleaner environment in Bermuda, and we are now on that path. And so it is now up to us as a community to do what we can to participate in all that the electric utilities are doing now to foster a cleaner environment for us. So, as we sort of embark on this journey of cleaner air and energy efficiency, you know, I certainly hope that we will make sure that we are looking to see
Bermuda House of Assembly what we can do in our homes and what we can do personally to also participate in this. It has not been an easy journey. We all know that we have been reli-ant on very expensive and, unfortunately, very dirty fuels in the past, and now we have an opportunity to do something that is much cleaner. And certainly I am in a constituency, working for a constituency, that has certainly had to bear witness to the levels of smoke emissions that have come from BELCO over the years and certainly there are a number of people wit hin the constituency that would very much like to see us move into a cleaner environment and also— Mr. Brown is also saying his constituen cy is—
The SpeakerThe SpeakerThe only conversations should be with the Speaker. [Laughter]
Mrs. Susan E. JacksonSo it is not just one area. We have all at some time or the other either observed or experienced pollution on the Island, so we have to really work to reduce that. And the introduction of en-ergies such as the solar power and looking further for other efficient ways …
So it is not just one area. We have all at some time or the other either observed or experienced pollution on the Island, so we have to really work to reduce that. And the introduction of en-ergies such as the solar power and looking further for other efficient ways in which we can produce electric ity is a great move for Bermuda, and I am looking for-ward to us all getting and being a part of that consult ation process to see what we can do to get better. So, I just want to move on to the challenges that we face on our own. So, certainly, we can now make application to provide our own energy efficie ncies within our homes by being able to install solar power panels on our homes or on our property som ewhere. I certainly know that there are a number of companies in Bermuda that are already beginning to provide that service for us. And although it can be expensive, certainly I encourage the community to ask the questions —how much will I save over a period of time over the lifespan of solar panels? And how can this possibly create a savings over a period of time? And then maybe, at some point, [it will] create major efficiencies for households. I certainly understand or recognise that the Member who spoke before me was speaking to the . . . a Green Deal, which is something that is going on in the United Kingdom right now where the Gover nment and the utilities are actually looking at ways in which individuals can provide their own electric power, become a little more independent and/or become more efficient within the household by using things that are going to create or use less energy. And over a period of time the savings . . . they will still pay their same bill, but the savings that they are creating will actually be paying toward a loan that is paying back for the equipment and the efficiencies that have been put into the home. And that return is not something that is individual, but is actually a part of that actual house. So if you were to sell the home at a later date then any monies owing would move on to the next home. So, you know, there are lots of innovative ways in which we can move toward a really efficient community. We have to start having those convers ations. I believe that this community has been looking forward to this kind of movement for some time. And so I encourage everyone to take a look at what can be done within our homes, start to think about the savings that we can create just amongst ourselves ind ividually, and at the same time being aware that the larger utilities are really looking to create a more eff icient service for us in the future as well. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise—just before I do recognise you, maybe we have got a little electricity problem in here. It is rather warm, so if any Honour able Members would like to take off your jacket, it is rather warm. The Chair will recognise the …
Thank you, Honourable Member. The Chair will now recognise—just before I do recognise you, maybe we have got a little electricity problem in here. It is rather warm, so if any Honour able Members would like to take off your jacket, it is rather warm. The Chair will recognise the Honourable Member from constituency 17, MP Walton Brown.
[Inaudibl e interjections]
Mr. Walton BrownThank you, Mr. Speaker. There may an electricity problem, Mr. Speaker, but there is certainly a lot of energy being generated, so we will continue with that. Mr. Speaker, I wish to also commend the Government for taking this step with the new Electric ity Bill. It is important to …
Thank you, Mr. Speaker. There may an electricity problem, Mr. Speaker, but there is certainly a lot of energy being generated, so we will continue with that. Mr. Speaker, I wish to also commend the Government for taking this step with the new Electric ity Bill. It is important to get our power and energy needs managed under a Regulatory Authority. And so for that, in particular, it is an important step forward. There are some challenges, I think, with this legislation that we need to talk through and hopefully we can find some resolution on, but it is a positive step forward in any event. We pay among some of the higher energy prices in the world, Mr. Speaker. If you do any com-parative analysis our costs are absolutely outrageous compared to many other countries. So we need to find a way to address it. It is an impediment to investors because they look at energy costs and they look at labour costs and they say, Gee, am I going to get a return on my investment? So, it ca uses pause and it 576 12 February 2016 Official Hansard Report
Bermuda House of Assembly causes hesitation for some potential investors, Mr. Speaker. I was once associated with a restaurant and the electricity costs were 150 per cent of the rent. So when your electricity cost exceeds your rent, that cr eates a problem for the proper running of any business. So that is an issue. Given that, Mr. Speaker, it is surprising that this Bill in its . . . if you look at its primary purposes, there is nothing in the Bill that says they are trying to reduce the cost. Look at the opening comments, Mr. Speaker, there is nothing here that says one of the key objectives is to reduce costs. Given that it is so central, such a big issue, I would have thought that would have been one of the primary provisions of this Electricity Bill. We are mo ving toward a new phase, a new era, but why is cost not a major consideration? Why is cost not a major component of this legislation? I heard a lot about competition. Competition in and of itself under a regulatory framework does not mean you are going to have a positive impact on cost. These new energy sources, Mr. Speaker, are all cheaper than fossil fuels. So, we should see reduced prices. But I want to see a focus on reduced prices as something that gets enshrined in the very essence of this Bill, but it is not. I would like for the Minister to explain why this is not the case when we know that costs—energy costs —are such a fundamental issue in Bermuda. Certainly, Mr. Speaker, if you read this Bill, it says that this Bill is being put forward with recognition of the Bermuda Electric Light Company Act 1951. And it says that what is in this Bill of 1951 has relevance, and we should interpret this Bill with reference to what is already contained in the previous Bill of 1951. But it has been very difficult to get this Bill. It is not available online —this 1951 Act. I only got it this morning stashed away in the Parliamentary Library. I would like to know who else has read this 1951 Bermuda Light Company Act, because here we are passing a Bill which makes ref erence to a previous legislation which gives BELCO tremendous amounts of power; yet, I do not think most people here know what is i nside the 1951 Act.
Dr. the Hon. E. Grant Gibbons: Mr. Speaker, if I may, a point of clarification.
The SpeakerThe SpeakerYes. POIN T OF CLARIFICATION Dr. the Hon. E. Grant Gibbons: I think the Honour able Member is trying to be careful here, but I think he is also being a little bit misleading. It is very clear in the current Bill that this Act —the Electricity Bill—takes primacy over …
Yes.
POIN T OF CLARIFICATION Dr. the Hon. E. Grant Gibbons: I think the Honour able Member is trying to be careful here, but I think he is also being a little bit misleading. It is very clear in the current Bill that this Act —the Electricity Bill—takes primacy over the BELCO Bill. If there are any issues there, this Bill rules.
Mr. Walton BrownThank you. I did read the Bill, Mr. Speaker, and my competence in English is not bad. My point is that the Bill contains a certain number of provisions. Any reading of what is written here will say that where this Bill is silent then the 1951 legislation takes priority. …
Thank you. I did read the Bill, Mr. Speaker, and my competence in English is not bad. My point is that the Bill contains a certain number of provisions. Any reading of what is written here will say that where this Bill is silent then the 1951 legislation takes priority. Where this Bill is silent, it takes priority. I take the Minister’s point that where there is conflict or inconsistency this Bill takes priority. But where there is silence in this Bill, the 1951 Act takes priority. And that is the point I think needs to be made.
Dr. the Hon. E. Grant Gibbons: Point of order.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Misleading] Dr. the Hon. E. Grant Gibbons: I think the Honour able Member is, again, misleading the House. The 1951 Bill actually does not take priority. This Bill is said to be read, to be construed consistently with the provisions of that Bill, but …
Yes, Honourable Member.
POINT OF ORDER [Misleading]
Dr. the Hon. E. Grant Gibbons: I think the Honour able Member is, again, misleading the House. The 1951 Bill actually does not take priority. This Bill is said to be read, to be construed consistently with the provisions of that Bill, but where there is any problem or where the Regulator y Authority has any issues or things of that sort, this Bill is the one that trumps it.
Mr. Walton BrownMr. Speaker, we can go through this when we get to the actual clauses, it is fine with me.
Mr. Walton BrownBut this gets to the main point that I would like to make, Mr. Speaker, because one of the problems with this Bill, in my view, is that it gives a place of primacy to BELCO. BELCO will co ntinue to own the grid. BELCO will continue to control the …
But this gets to the main point that I would like to make, Mr. Speaker, because one of the problems with this Bill, in my view, is that it gives a place of primacy to BELCO. BELCO will co ntinue to own the grid. BELCO will continue to control the grid. You may say, Well, who else is going to do it? They own the grid and they’ve had it for time i mmemorial. That is just the best and logical thing to do. But consider this. BELCO got its permission in 1951 —well, sorry, I am not supposed to ask the Speaker any questions so let me say in 1951, Mr. Speaker, we were not a democracy. We had an ol igarchical state. We did not . . . we had the old boys who were running this system. We once called them the “Forty Thieves of Front Street.” So they created a Legislative framework where they got complete con-trol over the electricity. You would know, Mr. Speaker, that the 1965 BELCO disturbance over union recognition pitted the elites and the power brokers in Bermuda against the people. So BELCO was an instit ution of power. You had, essentially, a corrupted system which gave sp ecial benefits to an elite [group] to run our grid system in Bermuda. And my point is that if we are truly movBermuda House of Assembly ing to a more democratic framework, here is a pr oposed alternative for BELCO to control the grid: Why not allow a number of different players to participate in owning the grid? Why not have other entities buy into it so that you are not retaining a special place of privi-lege for one company, which got the licence for excl usivity t hrough what was essentially a corrupted pr ocess? If we really want to have a move toward r ationalisation of prices and other kinds of innovative measures, do not give one company that held a m onopoly granted by this Government . . . sorry, granted by this Parliament, to continue. So we can . . . we should look at ways in which the ownership of the grid can be more evenly disbursed among others. That would be an appropr iate and democratic step to take, Mr. Speaker. Mr. Speaker, the Regulatory Authority will have responsibility for managing the energy companies that come into play with this. There is one aspect of the legislation that I find a little bit problematic and we can get to that in the Committee. But it actually places a . . . some wording places a limit on the ability of the Regulatory Authority to actually determine adequate pricing. And for the technical people I will say it refers to section, I think it is [clause] 36(a), which is in my view problematic because it says “at most” which puts a restraint on what the Regulatory Authority can do. There is also something I found somewhat troubling in that the legislation says if there is an oc-currence whereby the legislation says one thing and the Minister has a different interpretation, that the Mi nister should try to work it out. That seems to be prob-lematic as well and I am sure the Minister can clarify that when we get into Committee. But why would you pass legislation which has the authority of law and then allow a process whereby the Minister can say, Well, despite what the Regulatory Authority or someone else may say about this particular interpretation or this piece of legislation, my position is different. And that the Minister has the authority to be able to work through that. Mr. Speaker, the final point I will make relates to the . . . I think what I consider to be the structures that are in place now with regard to pricing, because the legislation refers to operating expenses that have to be taken into account when you determine pricing and so forth. I have noticed in the last couple of years that BELCO have adjusted their bill. I suspect now that it was in anticipation of this legislation because the BELCO bill used to be one bill where you were paying 38 cents, 40 cents , whatever it was, a kilowatt [hour]. They now have it fragmented into different components, which only makes sense when you co nsider this legislation. Because why would you once be paying 40 cents (or whatever it was) a kilowatt hour, it is now broken down into some user fee, some . . . you know the terminology. There is one level of fees, an-other level, then there is some other charge. And I suspect BELCO is going to use that to separate what they consider to be their operating expenses when it comes to the Regulatory Authority. So I have some concerns about that and I am hoping that the Regul atory Authority is going to look at matters in ways that are not limited by what BELCO, I think, is trying to do in terms of positioning itself. The final point I will make, Mr. Speaker, is that irrespective of anything the Regulatory Authority does, irrespective of what this legislation does, people have an opportunity to reduce their costs almost immediat ely by installing solar panels for hot water. You can r educe your bill by about 3 0 per cent. And if the Government were serious about putting less pressure on our energy needs because of the BELCO restrictions and their so- called need for a new plant when they . . . instead of investing their massive profits over the dec-ades into the infrastructure, they gave it out in div idends, well, then we should be promoting the use of solar panels, just solar panels, the solar technology for hot water for our heaters, and that would have a significant and immediate reduction on one’s BELCO bill. So this is a positive step forward. It says not hing about pricing. It says nothing about cost reduction. We need to focus on cost reduction to make Bermuda more competitive. The Preamble says they want to focus on international business and tourism, but that needs to be contained more explicitly in some of the directives given to the Regulatory Authority. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Any other Honourable Members care to speak? Then the Chair will revert back to the Minister. Minister Dr. Gibbons, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. First of all, let me thank honourable colleagues for their comments …
All right. Thank you, Honourable Member. Any other Honourable Members care to speak? Then the Chair will revert back to the Minister. Minister Dr. Gibbons, you have the floor.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. First of all, let me thank honourable colleagues for their comments and I think what sounds like at least a tacit sense that we are mov ing ahead here with this although I understand that there may be a couple of issues that will get raised in Committee. It is probably worth saying at this point that I have a couple of issues I am going to raise in Committee as well with some amendments because we have had feedback in a couple of areas since the Bill was act ually tabled in December. As I said, I think this has been a real effort here to try and get as much public consultation stakeholder feedback into this process as possible. Let me start also by saying that —because a number of Honourable Members on the Opposition side of the House raised the issue of high costs and I think everybody has touched on it —let me say expli c578 12 February 2016 Official Hansard Report
Bermuda House of Assembly itly that I think all of us are painfully aware that the cost of electricity in Bermuda is very high. We hear it all the time from householders, from hotels, from the business community, and everybody else, and if the Honourable Member, some Honourable Members, actually were there, they would also know that in the public consultation we had, the cost [discussion] was there as well. But there were a number of other issues raised in that public consultation. One of those, for example, was environmental issues. So one of the things that I think Members will see in this Bill is the re—and it is set out in the Purposes section to some degree, but it is also very explicit in the National Electricity Sector Policy as well — is there are a number of things that we are trying to achieve here. Certainly, affordability and protecting the consumer are critical in all of this, but we are also trying to do other things. And what the Bill tries to do is it tries to provide a certain amount of flexibility here, particularly with the Regulatory Authority to try and manage some of these trade- offs. B ecause if you went for absolutely low cost you may not have reliabi lity, I think you might not have some of the environ-mental issues that particularly the Honourable Member whose constituency abuts the BELCO over there who is over in Pembroke, you might not have some of the, what I will call, environmental concerns that we think we can address and we might be able to ad-dress actually by lowering cost as well. So, I think it is fair to say that one of the ways in which we will address cost is through competi tion. We all saw what happened in the telecommunications area. I remember very clearly in 1995 the cost of a three- minute call to the United States was four dollars. Within a short period of time it had come down to probably one dollar and is now down to effectively zero, if you use voice over Internet. So I think competition in its own way tends to help to reduce costs. I think the other thing that . . . because we will be able to open this up to not only competition where some of the solar technologies now are coming down appreciatively in cost, but also the different fuels that we can use. I think it is no surprise to Honourable Members that diesel, particularly, and also heavy fuel oil are quite expensive. We will be coming back to this House probably in the near future with a study that has been done looking at liquefied natural gas (LNG). Liquefied natural gas is currently one- fifth the price of diesel and it fluctuates a little bit, but it has consistently been way below, and it looks like the price vo latility there is also quite a bit lower than diesel and heavy fuel oil. So that is something we are looking at going forward. But with everything there are trade- offs. To use LNG you need to be able to get it here in a rea-sonable amount and a reasonable quantity and have the capital infrastructure to be able to manage the set - up, for storing and regasifying, and then basically di s-tributing it as well. So there are issues, but that is perhaps in some ways a separate conversation. But I think the important point, Mr. Speaker, is what this legislation does is open up Bermuda to the use of different fuels, the use of different technologies, and does so in a way by introducing competition into the generation area. A few Honourable Members said that in some respects there may be delays with more regulation. I think regulation always provides some friction in the system, sometimes both good and bad. But I think clearly what we are trying to do here is to move from the Energy Commission, which I think has done a good job over the years in its own right, but it is part - time, it does not have a full -time staff, to a Regulatory Authority which does have a full -time staff, is able to hire expertise where and when it needs it and essentially has people who are looking at this on a much more detailed basis. And I will get into that a little bit later. I think that, as one Honourable Member said, I think it was the Honourable Member Mr. Furbert, Will BELCO only have one licence—the TD&R —or will it also have other licences ? And the answer is BELCO will probably have two licences —one the monopoly licence will be for transmission, distribution, and retail, which is effectively the grid and selling to the retail customers; but also they have generation capability up there, as we all know, and they will also probably be looking for a bulk licence as well. I think it is important to point out that there is no licence, per se, for BELCO right now. So with l icensing, the Regulatory Authority not only has the ability under this Act to be able to drill down and get into the detail in a way that the Energy Commission has not be able to do up to this point. The Energy Commission has more . . . simply reacted —they have done the best with what they have got —reacted to rate filings. The Regulatory Authority will be able to drill down, look at the separate pieces of BELCO that are there, separate out —conceptually or otherwise— transmission, distribution and retail from generation, because all of this up until this point has been under one umbrella. They will also, I think, be able to through . . . and we will see it later on in the clause by clause, but because BELCO is considered to be dom-inant, which has an effect, under the Regulatory Act they will be subject to much greater oversight and regulation than they have been to date. And they will also effectively have to, I think, answer to conditions which licensing allows you to do. You can put condi-tions in licences which in many respects will help to deal with some of the issues that . . . they have been dominant for a long time, they have been a monopoly, but licensing is one of those areas where you can ac-tually start to look very carefully at practices, efficien-cies and things of that sort. So that is part of what this will do.
Bermuda House of Assembly Now, Honourable Members will say there is probably not a lot in here about rate setting. The a nswer is there is not because we feel that the Regulat ory Authority, as it has done in telecommunications, will be able to use both regulations (which will be coming) and also what are known as general determinations to be able look in detail at a lot of the issues that Honourable Members raised, which is the sort of usual concern about BELCO being able to get away with things. I think there is a flip side to that and that is, as the Honourable Member Mr. Simmons said, they have, as far as utilities go, been very reliable given our weather and given everything else. So there are always trade- offs here as well. There was a question about duty on fuel and that is effectively the purview of the Minister of F inance, but right now the BELCO utility pays 14.5 cents per litre. I am told the total revenue in 2014/15 was $21.2 million in duty on fuel. I am not sure if that is just BELCO or that may include transportation as well. Sorry?
[Inaudible interjection] Dr. the Hon. E. Grant Gibbons: I think that may be the whole, both gas to the pump and also BELCO, but I— Hon. Wayne L. Furbert: Just a point of order, Mr. Speaker. Just for clarification.
The SpeakerThe SpeakerYes, sir. POINT OF ORDER Hon. Wayne L. Furbert: The Minister said that it was . . . that BELCO pays 14 cents. Is that the cost they pay Government per — Dr. the Hon. E. Grant Gibbons: Per litre. Hon. Wayne L. Furbert: — per litre.
The SpeakerThe SpeakerCarry on. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Yes, BELCO I am told right now pays 14.5 cents per litre of fuel oil that they bring in or di esel. Okay? And that is probably a slightly different rate, if I recall, than what is charged …
Carry on. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Yes, BELCO I am told right now pays 14.5 cents per litre of fuel oil that they bring in or di esel. Okay? And that is probably a slightly different rate, if I recall, than what is charged in duty on fuel for transportation. But I am a little bit out of my memory gap here. So I think an Honourable Member also asked about the issue of having solar panels on properties for a longer period. I was not quite sure what the Hon-ourable Member was getting at. He did suggest the idea of having financing methods, I think, for people to be able to install solar panels — Hon. Wayne L. Furbert: Yes. Dr. the Hon. E. Grant Gibbons: There are a number of proposals that are sitting out there right now. In fact, I think, even BELCO is running a pilot looking at the possibility of putting solar thermal and solar panels on the roofs of a select number of houses to see whether that might work as well. The whole point of that would be if you do not have the capital for the cost to be able to buy solar panels, somebody else may finance that for you, let you use them, and then charge you a financing rate to make up the difference between what the utility would charge you normally and what you would get by having, as it were, free electricity from the sun. The issue of solar panels is clearly an interesting one. There was quite a large uptick a year or two ago. I think we are up roughly to about 1 megawatt of installed solar. That includes both res idential and commercial. That compares to about a peak of about 100 megawatts that BELCO would normally generate at some point in the year. So it is about 1 per cent. So obviously there is a lot of room to move on that particular side. One of the . . . the Honourable Member, Mr. Brown, did raise concerns about t he BELCO Act 1951. Nothing in there is going to be able to overrule the Regulatory Authority from putting conditions on TD&R licences or bulk generation licences. So there are a number of different ways, both through regul ation, through general determinations, through licens-ing to be able to make sure that there is effective oversight and effective regulation of the dominant util ity right now, both on the transmission, distribution and retail side and also on their generation going forward, which we hope wi ll see some competition as well, as we have said. I think there was a comment about BELCO bills and their . . . I think part of it was they seem to have broken it down in a way which suits them. I think this is all an area which the Regulatory Authority w ill have the power and the ability to be able to go in and look at how both the retail invoicing is done and also what is charged for wear. So that if there are, for example, subsidies coming from the transmission and distribution side into generation, they can look at that. So I think there will be a way, as has happened with utilities in other places where you have a full -time re gulator, there will be a way to be able to manage that. I am not saying it is going to happen in the first week, but it is something that the RA will have a lot of power to be able to drill down and get a much better under-standing of how costs, overheads, subsidies within BELCO —all of those things —operate. I think those are most of the issues that have been raised on that side. The Honourable Member Mr. 580 12 February 2016 Official Hansard Report
Bermuda House of Assembly Brown also commented that there seems to be a f ocus on international business and tourism. Not so. The focus is on everybody here and particularly the residential householders, and obviously small bus inesses are affected, in fact, all businesses are affec ted by this as well. But this is for the residents of Ber-muda and for businesses that are here, too.
Mr. Walton BrownPoint of clarification. Dr. the Hon. E. Grant Gibbons: Yes.
Mr. Walton BrownThat this is what the Minister is saying in the Bill, that the first purpose relates to international business and tourism marketing. It says not hing about the people, so just a point of clarification.
The SpeakerThe SpeakerAll right. Thank you. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I did mention in historical framework getting into it in my brief that obviously the demand for energy, demand for electricity, has changed appreciably since 1901 or whenever it was when BELCO first started …
All right. Thank you.
Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, I did mention in historical framework getting into it in my brief that obviously the demand for energy, demand for electricity, has changed appreciably since 1901 or whenever it was when BELCO first started up. I think that was the ref-erence there. But we can get into that a little bit more when we get into Purposes because I think it is pretty clear there what we are trying to do with respect to the Bill. Just a final interesting point which I have been reminded of, the breakdown in costs on a BELCO bill were actually at the direction of the Energy Commi ssion in 2012. So there was essentially a rate applic ation at that point and the Energy Commission asked the utility to split out a number of these issues like f acilities fee and to break it down, I think, by different bands in terms of the use per kilowatt hour and that sort of thing, as well as the fuel adjustment rate. So we have a bit of a break now, Mr. Speaker, in the sense that because of the decline in oil prices, a little bit of the pressure has been taken off in terms of the 40 cents per kilowatt hour a lot of us were paying. The fuel adjustment rate has gone down from about 23 cents in the last year to now down to about 10 cents. So that has helped quite a bit, but we still understand at the end of the day that the cost of electricity is still very high here. We believe that this Bill will help in getting us to a lower cost, more efficient, better environmental and more affordable basis. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Dr. the Hon. E. Grant Gibbons: I ask that the Bill be committed.
The SpeakerThe SpeakerAll right. And you have moved that we now go into Committee. It has been moved that the Bill be committed? Are there any objections to that motion? Deputy Speaker? [Pause] House in Committee at 5:15 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL ELECTRICITY ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Electricity Act 201 [6]. I call on the Minister in charge to proceed. Minister, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. As I said in the …
Members, we are now in Committee of the whole House for further consideration of the Bill entitled Electricity Act 201 [6]. I call on the Minister in charge to proceed. Minister, you have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. As I said in the House, I have some amendments and I believe—
[Inaudible interjection] Dr. the Hon. E. Grant Gibbon s: Sorry?
The ChairmanChairmanThey are being distributed now. Dr. the Hon. E. Grant Gibbons: I hope so. They have been certainly delivered. And let me make sure that you have a copy of the amendments as well. [Crosstalk]
The ChairmanChairmanThank you. Dr. the Hon. E. Grant Gibbons: Let us just make sure we have got the right one here. Yes, this is the correct one. [Crosstalk]
The ChairmanChairmanMinister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Now, I have an amendment in clause 2 s o would you like me to do clauses 1 and 2 to start? Bermuda House of Assembly
The ChairmanChairmanThat would be appreciated. Dr. the Hon. E. Grant Gibbons: Okay. I move clauses 1 and 2.
The ChairmanChairmanAre there any objections to that? No objections. Please proceed. AMENDMENT TO CLA USE 1 Dr. the Hon. E. Grant Gibbons: Okay. Clause 1 contains the citation, the Electricity Act, and I think we need to move that from 2015 to 2016.
The ChairmanChairmanCorrect. Dr. the Hon. E. Grant Gibbons: So it will now be r eferred to as the Electricity Bill 2016.
The ChairmanChairmanAre there any objections to the amendment to citation? There are no objections. Agreed to. [Gavel] [Motion carried: Amendment to clause 1 passed.] ADMENDMENT TO CLAUSE 2 Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 2 sets out a list of definitions and i nterpretations used in …
Are there any objections to the amendment to citation? There are no objections. Agreed to. [Gavel]
[Motion carried: Amendment to clause 1 passed.]
ADMENDMENT TO CLAUSE 2 Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 2 sets out a list of definitions and i nterpretations used in the Bill. I am not going to go through all of them, but I am obviously happy to take questions. But at this point I would like to amend clause 2. Would you like me to proceed on that?
The ChairmanChairmanYes, please. Dr. the Hon. E. Grant Gibbons: I would like to amend clause 2 after the definition of “Standard Contract,” which is on page 6 of the Bill about two- thirds of the way down, by inserting a definition for “‘TD&R’ means transmission, distribution and retail.” We have “TD&R …
Yes, please.
Dr. the Hon. E. Grant Gibbons: I would like to amend clause 2 after the definition of “Standard Contract,” which is on page 6 of the Bill about two- thirds of the way down, by inserting a definition for “‘TD&R’ means transmission, distribution and retail.” We have “TD&R Licence” in there but we do not actually have a definition of what TD&R stands for.
The ChairmanChairmanMinister, are we then excluding “a licence granted in respect to section 25” or are we adding? Dr. the Hon. E. Grant Gibbons: We are inserting the “TD&R” after the definition of “Standard Contract.” We are just simply inserting this. It is an addition, not a replacement or elimination.
The ChairmanChairmanThank you. Are there any Members that would like to speak to the amendment to clause 2? No. Is everyone in agreement with the amendment to clause 2? And that is after the definition of “Standard Contract” in subsection (1) of clause 2 i nsert “‘TD&R’ means transmission, distribution, and …
Thank you. Are there any Members that would like to speak to the amendment to clause 2? No. Is everyone in agreement with the amendment to clause 2? And that is after the definition of “Standard Contract” in subsection (1) of clause 2 i nsert “‘TD&R’ means transmission, distribution, and retail.” Any objections to that motion? No objections. Agreed to.
[Gavel] [Motion carried: Amendment to clause 2 passed.]
The ChairmanChairmanMinister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I have a . . . the next amendment is going to be in clause 6, so I can go basically [clauses] 3 through 6 and we can deal with that. Is that all right?
The ChairmanChairmanThat would be fine. Dr. the Hon. E. Grant Gibbons: I move clauses 3 through 6.
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Clause 3 delineates how the Bill will work in relation to the Regulatory Authority Act 2011. It is important to note that the Bill will function in tandem with the Regulatory Act 2011 which will enable the Regulatory Authority to regulate the …
Please proceed. Dr. the Hon. E. Grant Gibbons: Clause 3 delineates how the Bill will work in relation to the Regulatory Authority Act 2011. It is important to note that the Bill will function in tandem with the Regulatory Act 2011 which will enable the Regulatory Authority to regulate the electricity sect or in the same manner as it regulates telecommunications at the present time. This clause also establishes the hierarchy of the two Acts, if there are any irreconcilable conflicts between the two, by indicating that the Electricity Act shall prevail. Claus e 4 sets out how the Bermuda Electric Light Company Act 1951 is affected by the Bill. The BELCO Act 1951 is a private bill enacted to enable BELCO to carry out the business of producing and selling electricity. Nothing in this Bill amends that Act. However , in the event of any conflicts, this clauses states the provisions in the Electricity Act will prevail. Clause 5 states that the Bill applies to the electricity sector and the regulated activities specified therein. Clause 6 sets out the purposes of this Bill, which are: to ensure the adequate, safe, sustainable, and reliable supply of electricity in Bermuda; encour-age electricity conservation and the efficient use of electricity; promote the use of cleaner energy sources and technologies including alternate and renewable 582 12 February 2016 Official Hansard Report
Bermuda House of Assembly energy sources; provide sectoral participants and end users with non- discriminatory interconnection to transmission and distribution systems; protect the i nterests of end users with respect to prices —I am going to add the words “and affordability” in the amendment —the adequacy, reliability and quality of electric ity service; promote economic efficiency and sustainability in the generation, transmission, distribution and sale of electricity. I would make the amendment now.
The ChairmanChairmanNo, Member. What we will do first, if you do not mind— Dr. the Hon. E. Grant Gibbons: Sure, I am in your hands.
The ChairmanChairman—why do we not just put to the floor clauses 3 through 5. Have any discussion on that, have that approved and then move to clause 6 with the amendment and then move on. Are there any objections to that proposal? No objections. Are there any other Members that would …
—why do we not just put to the floor clauses 3 through 5. Have any discussion on that, have that approved and then move to clause 6 with the amendment and then move on. Are there any objections to that proposal? No objections. Are there any other Members that would like to speak to clauses 3 through 5? There are no Members that would like to speak to clauses 3 through 5. So we can have them approved. Dr. the Hon. E. Grant Gibbons: So we take up clause 6.
The ChairmanChairmanIt has been moved that clauses 3 through 5 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 3 through 5 passed.]
The ChairmanChairmanMinister, please proceed with clause 6. AMENDMENT TO CLAUSE 6 Dr. the Hon. E. Grant Gibbons: Okay, thank you. I moved clause 6 so we are good in that. I have given the explanation that clause 6 sets out the purpose of the Act, but I would like to make …
Minister, please proceed with clause 6.
AMENDMENT TO CLAUSE 6 Dr. the Hon. E. Grant Gibbons: Okay, thank you. I moved clause 6 so we are good in that. I have given the explanation that clause 6 sets out the purpose of the Act, but I would like to make an amendment in clause 6 to simply add the words “and affordability.” And that is in paragraph (e) of clause 6 to insert the words “and affordability” after the word “prices.”
The ChairmanChairmanThank you. Dr. the Hon. E. Grant Gibbons: So I can read it if you—no?
The ChairmanChairmanNo, that is fine. Are there any objections to the amendment to clause 6? There are no objections to the amendment to clause 6. Agreed to. [Gavel] [Motion carried: Amendment to clause 6 p assed.]
The ChairmanChairmanNow would anyone like to speak to clause 6? Thank you. The Chair recognises the Member from constituency 17. You have the floor.
Mr. Walton BrownMadam Chairman, it is just very good to see the Minister make this amendment to en-sure that affordability is a key aspect of the legislation. Thank you.
The ChairmanChairmanThank you, Member. Minister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I appreciate the Honourable Member for ma king sure that we have our focus on the right things.
The ChairmanChairmanSo we are going to now move clause 6? Dr. the Hon. E. Grant Gibbons: Yes, I move clause 6 as amended.
The ChairmanChairmanRight. It has been moved that clause 6 be approved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 6 passed as amended.]
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I am going to move clause 7 because I have an amendment in clause 8. Okay? So clause 7 confirms the Minister’s powers to establish policies and issue declarations for the electricity sector as specified in the Bill. …
Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I am going to move clause 7 because I have an amendment in clause 8. Okay? So clause 7 confirms the Minister’s powers to establish policies and issue declarations for the electricity sector as specified in the Bill.
Bermuda House of Assembly The Chairman: Thank you. Are there any other Members that would like to speak to clause 7? The Chair rec ognises the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. Madam Chairman, the Bill gives a tremendous amount of power to the Minister. And while I think that no one in this House currently would be accused of having conflicts of interests, [since] they would certainly declare them, with this amount of power in a …
Thank you, Madam Chai rman. Madam Chairman, the Bill gives a tremendous amount of power to the Minister. And while I think that no one in this House currently would be accused of having conflicts of interests, [since] they would certainly declare them, with this amount of power in a small Island, who will police the Minister to make sure that conflicts of interest and things of that nature are maintained and kept under control? Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 7? Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I guess I would say that that is an important ques tion. It always has been. I think when you look at Bermuda …
Thank you, Member. Are there any other Members that would like to speak to clause 7? Minister?
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I guess I would say that that is an important ques tion. It always has been. I think when you look at Bermuda legislation, and right now I have responsibi lity for the Companies Act as well, traditionally, Bermuda legislation has put a lot of power in the hands of the Minister. The Honourable Member will be very aware that the Minister serves at the pleasure of the Premier. The Minister also serves in Cabinet, and I think we have often had discussions from time to time, dare I say not so much with this Government, but certainly in the past and I will just go way back, as to whether Ministers have too much power and whether they abuse that power or not. So, I would say that it is a difficult question to answer. I understand that the Minister has a lot of r esponsibility here, but I am going to make a couple more amendments as we go forward and I think it is important to recognise that a lot of this is after consu ltation with the Regulatory Authority as well. There are particularly going forward, as when we get to the int egrated resource plan section, there is a lot of public consultation. And I think any Minister will be very cau-tious about going a direction where you have all this public consultation, you have the independent Regul atory Authority, and will be very careful about (as it were) going rogue. I certainly speak for myself in that sense. But in the event that you had a rogue Minister, I guess that would be the responsibility of the Premier and Cabinet to draw them in, not to mention the Loyal Opposition who, I am sure, would have something to say about it as well.
Hon. Marc A. R. Bean: Well, that is our job, right? Dr. the Hon. E. Grant Gibbons: So I am not sure I can provide any more on that. Clause 7, all it does is simply allow the Mini ster to establish policies for the electricity sector. We have already done that. Members will aware that a policy was actually brought to the House, we debated it, so I think there are quite a few checks and balances here. Thank you.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 7? There are no other Members that would like to speak to clause 7. Minister, I ask you to move that clause 7 be approved. Dr. the Hon. E. Grant Gibbons: I move that clause 7 …
The ChairmanChairmanIt has been moved that clause 7 be approv ed as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 7 passed.]
The ChairmanChairmanClause 8? Dr. the Hon. E. Grant Gibbons: I move clause 8. Clause 8 authorises the Minister to issue policy di rections to the Regulatory Authority in respect of the electricity sector and the purposes of this Bill in accordance with the Ministerial directions provisions sections 7 and 8 of …
Clause 8? Dr. the Hon. E. Grant Gibbons: I move clause 8. Clause 8 authorises the Minister to issue policy di rections to the Regulatory Authority in respect of the electricity sector and the purposes of this Bill in accordance with the Ministerial directions provisions sections 7 and 8 of the Regulatory Authority Act. It should be noted the Minister may not issue directions on the application of general policies in a specific matter before the Authority, or issue directions that relate to any specific licensee or licensees. So, in other words, it basically provides some kind of separation, as it were church and state, between the Minister’s job here and what the Regulatory is doing in terms of looking at a licence application or a determination of some sort as it does in the telecommunications, the Electronic Telecommunications Act as well.
AMENDMENT TO CLAUSE 8
Dr. the Hon. E. Grant Gibbons: I have an amendment to clause 8. And, again, this provides a little bit more, what I will call “balance,” perhaps, for Honour able Members. I would like to delete subsection (3) and substitute the following: 584 12 February 2016 Official Hansard Report
Bermuda House of Assembly “(3) Ministerial directions may relate to the structure of the electricity sector; and where such directions concern companies the Minister shall consult both the Authority and the Minister responsible for the Registrar of Companies.” And then, secondly, I would like to delete subsection (6) which is unnecessary because it refers to the Companies Act.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to amendment that is before us? Thank you. The Chair recognises the Member from constituenc y 33.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. The question for the Minister, actually, currently on your responsibilities, do you have the Registrar of Companies under your portfolio? Dr. the Hon. E. Grant Gibbons: Yes.
Mr. Jamahl S. SimmonsAnd how does this work in relation to the consultation period, because normally that would have been held by the Minister of Finance, correct?
The ChairmanChairmanMinister? Dr. the Hon. E. Grant Gibbons: I think the answer is yes, I —the Minister of Economic D evelopment —does have the Companies Act under his portfolio and the Registrar of Companies as well. The reason this is in here is because when you have particularly a structure issue, …
Minister? Dr. the Hon. E. Grant Gibbons: I think the answer is yes, I —the Minister of Economic D evelopment —does have the Companies Act under his portfolio and the Registrar of Companies as well. The reason this is in here is because when you have particularly a structure issue, for example, there may be an issue whereby at some point there is the suggestion that —and I guess this would be a good example— where the utility might be asked to sort of break down their utility company into two companies, a generation company and a transmission, distribution and retail company. I am not saying that is something that will necessarily happen, but it does allow the Mi nister to be able to do that. Because it is a company, the provision in here for the Minister having respons ibility for the Registrar of Companies to be consulted would be part of that, just to make sure that there are not other aspects that would be considered. Now, if the Honourable Member is raising the question that one person is doing this, the answer is it is not quite that simple because the Minister would normally go to the Registrar of Companies Company Registry to take advice on an issue of this sort. So there would be technical officers involved in consider-ing a change of this sort. And that would have to be balanced by the merits or lack thereof of doing som ething which would affect a com pany’s structure like the utility. So I think there are checks and balances here, but the reason that is in there is because, I think . . . and this is before this Government, the former Government, I think had the Registrar of Companies under the Minister of Tourism and Economic Deve lopment.
[Inaudible interjection] Dr. the Hon. E. Grant Gibbons: Yes, I think you had it as well. So, this is something that has simply carried through. But I guess the point too is that in the future there may be a situation where the Minister respons ible for Registrar of Companies is a different Minister than the Minister responsible for Energy. So I think that is the reason that is separated like this.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I just want to be clear, Minister. You mentioned . . . well, in the first clause, the old one, it talks about …
Thank you. Are there any other Members that would like to speak to the amendment? The Chair recognises the Member from constituency 6.
Hon. Wayne L. Furbert: I just want to be clear, Minister. You mentioned . . . well, in the first clause, the old one, it talks about a TD&R Licence may hold a bulk generation. That is now being removed?
Dr. the Hon. E. Grant Gibbons: Right.
Hon. Wayne L. Furbert: The word “may.” Now will the TD&R licensee be able to hold a generation? And who stops that now? Who stops that, where they can hold a Bulk Generation Licence? Are there any checks and balances in there? Because now it says “may,” that the Minister “may” hold it. And if they . . . can they apply? Who do they apply to?
The ChairmanChairmanThank you, Member. Minister? Dr. the Hon. E. Grant Gibbons: Yes. Let me start with the TD&R part. I think as we have said in the House, the l icence for transmission, distribution and retail which is in the business of taking power from a generator and then getting it …
Thank you, Member. Minister?
Dr. the Hon. E. Grant Gibbons: Yes. Let me start with the TD&R part. I think as we have said in the House, the l icence for transmission, distribution and retail which is in the business of taking power from a generator and then getting it to the end user through high transmi ssion wires, substations and all of that is a separate licence. And there will only be one of those and that will be, essentially, the licensee there will be BELCO, for that part. But as far as BELCO’s generation, which is now . . . will be considered a separate issue, and BELCO will have to apply to the Regulatory Authority for both the TD&R Licence and also to the Regulatory Authority for a Bulk Licence because, I assume, they will wish to continue their generation piece as well. So the reason it is being taken out of here is because it did not need to be quite as specific as that. So this is an issue that is broader than the licensing.
Bermuda House of Assembly This is an issue of structure. And I think, to put it sim ply, there may be structural decisions that need to be taken. A good example would be LNG, whether the country wants to proceed with LNG or not. And I am not sure that the House will want to leave that to a regulator because that has both political, economic and other considerations. So I think that is where structure comes into it and where the Minister can provide directions in relation to structure. As I said, lest anybody get concerned, we will be coming back to the House in the near future with a paper on LNG so that Honourable Members can look at and consider the issue of whether LNG is som ething that we should look at as a future opportunity or a future fuel.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 8? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I guess my issue . . . and I thank the Minister for what you are saying, but it is …
Thank you. Are there any other Members that would like to speak to the amendment to clause 8? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I guess my issue . . . and I thank the Minister for what you are saying, but it is . . . at least my view that TD&R Licence should not be allowed to have a Bulk Generation Licence except through a completely separate affiliate company, firs tly. All right? And the affiliate company should operate under the exact same criteria as all other independent power producers, Bulk Generation Licence holders. And I am just saying whether we should have it somewhere in the Act because then it leaves it up to the regulators to do whatever they want. I am just wondering whether some more checks and balances should be put in place.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: I am not sure if this answers the Honourable Member’s question, but what the amendment actually says is “Ministerial directions may relate to the structure of the electricity sector.” An example of the structure of the …
Thank you, Member. The Chair recognises the Minister.
Dr. the Hon. E. Grant Gibbons: I am not sure if this answers the Honourable Member’s question, but what the amendment actually says is “Ministerial directions may relate to the structure of the electricity sector.” An example of the structure of the electricity sector might be, for example, the separation of the generation from the TD&R part. So, effectively, this allows the Minister to do that, but they need to consult with the Regulat ory Authority before doing that because there may be a lot of other implications here. So, effectively, you are allowing the Minister to make a direction relating to structure, it could be that, it could be LNG or something else, but they need to consult before they do that. I think you will also see quite a bit of discussion when you get into the Int egrated Resource Plan and some of the issues c oming out of that as well. So, I think we have got that covered.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 8? The Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. The TD&R Licence, the establishment of this, the continuance of a monopoly, it bothers me. Is there any provision for the future for there . . . whether it is new technology, new situations, new anything for there to be an issuance of a second …
The ChairmanChairmanThe Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. That certainly is conceivable at some point in the future. I think both of us recognise the incredible change that has happened over the last, you know, 10 or 20 years. But I think at …
The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. That certainly is conceivable at some point in the future. I think both of us recognise the incredible change that has happened over the last, you know, 10 or 20 years. But I think at this particular point in time the general consensus has been that you do not want somebody else to be stringing wires, digging up the roads, building substations and all the rest of it b ecause those costs would then be reflected back in prices to the consumer. I think the way the consumer is protected here is we have declared, as you will see later, the utility as being a dominant player, they are a monopoly, and they wil l be subject to a great deal more oversight than they have been or would be otherwise by being listed as a dominant player. But I think the economics of effectively allo wing others to string wires and basically do transmis-sion, distribution and retail just do not make economic sense right now because there would be duplication and somebody will have to pay for that. And that is probably in the end the consumer because rate is of-ten based on investment and getting a reasonable return on that. I understand the Honourable Member’s issue with respect to a monopoly, but in essence BELCO will no longer control the entire energy or electricity chain because they are no longer able to maintain monopoly on the generation side, which is an obvious-ly important and very significant part both the cost of electricity and how we derive and use our power.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 8? The Chair recognises the Member from constituency 33.
Mr. Ja mahl S. SimmonsThank you, Madam Chai rman. I appreciate the Honourable Member’s answer and I think what is . . . consulting with some of the 586 12 February 2016 Official Hansard Report Bermuda House of Assembly previous Ministers in the PLP Government when we were doing the Energy White Paper which …
Thank you, Madam Chai rman. I appreciate the Honourable Member’s answer and I think what is . . . consulting with some of the 586 12 February 2016 Official Hansard Report
Bermuda House of Assembly previous Ministers in the PLP Government when we were doing the Energy White Paper which led to a lot of the framework that led to this legislation, we deter-mined the same thing. And I was just curious just from a standpoint going forward just that our minds remain open, that the versatility of our legislation be able to adapt, even though it sounds far -fetched now, technology as the Honourable Minister said is moving very quickly and I would hate for us to be locked into this mindset that could be detrimental to the people going forward. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment to clause 8? There are none. Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. So I move that clause 8 be approved as amended.
The ChairmanChairmanCorrect. It has been moved that clause 8 be ap proved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 8 passed as amended.]
The ChairmanChairmanMinister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I have the next set of amendments is clause 17. So do you want me to do up to 17?
The ChairmanChairmanSixteen would be good. Dr. the Hon. E. Grant Gibbons: Yes. I move clauses 9 through 16.
The ChairmanChairmanAre there any objections? No objections. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you. Clause 9 sets out the Minister’s role in resol ving conflicts or trade- offs that may arise out of the purposes of this Bill. The Minister must do so with r espect to the …
Are there any objections? No objections. Please proceed.
Dr. the Hon. E. Grant Gibbons: Thank you. Clause 9 sets out the Minister’s role in resol ving conflicts or trade- offs that may arise out of the purposes of this Bill. The Minister must do so with r espect to the public interest. I am sure we will get into that a little bit more in the discussion, but the idea here is there are a number of different purposes. Sometimes they could be in conflict, so there needs to be a way to resolve those, and that is with discussion with the Regulatory Authority. Perhaps just to give an example, if it is clear that there is a new renewable energy technology which is vastly more expensive than a fossil fuel tec hnology both in implementation, operation and requires substantial subsidies in order to operate, then that would be perhaps an easy one to resolve because I think in that case economics would trump the fact that it is renewable. I think the Minister will have to resolve the conflicts on a policy level, and so long as that pol icy decision is made in the best interest of the public interest. And obviously that means consultation and that means a lot of discussion. Subsection (2) outlines how that service will be determined and requires the Minister consider Government policy, the purposes of the Act, com-ments from the public, and any technical analysis pr ovided by the Regulatory Authority in order to determine what would be an appropriate trade- off. Obv iously, consultation and consideration of the law and its supporting policies are all requirements, and the Minister may not make his decision in isolation. Clause 10 sets out the manner in which the Minister’s policy directions are to be published, with the added discretion to redact portions to protect the integrity of national security, confidential or sensitive information, or in the public interest. Clause 11 provides for the continuation of Government Department with responsibility for Energy to assist the Minister in the execution of his functions and any functions delegated to it by this Bill or any other Act. Clause 12 allows the Minister to request tec hnical advice or any information related to the electricity sector from the Authority and obliges the Authority to identify any information that it has specified as being confidential in accordance with the Confidentiality Provisions (and those are under section 33 of the Regulatory Authority Act 2011). Clause 13 requires the Authority to perform such functions that may be delegated to it by the Mi nister in accordance with the Delegation of Functions to the Authority Provisions (and those are section 9 of the Regulatory Authority Act). Section 9 of the Regul atory Authority Act specifies the rules that bind both the Minister and the Authority. Those rules include the ability for the Minister to continue to perform those functions he delegated; the Authority may not, in turn, delegate functions that were given by them by the Minister to others; and that the Minister may revoke that delegation or modify it in writing at any time. Not-ing that there may be an implication to the A uthority in terms of cost, section 9 of the Regulatory Authority Act also allows for the Authority to have advanced funding and/or reimbursement for any reasonable costs, what to do if there are left over funds, and spec-ifies that records have to be maintained.
Bermuda House of Assembly Moving on to clause 14, which now comes under the Electricity Regulator, Its Functions and Powers, clause 14 sets out the functions of the Regu-latory Authority in respect to the monitoring and reg ulation of the electricity sector. The Authority’s sp ecific functions in regulating the provision of electricity ser-vices include: firstly, the issuance, modification, suspension and revocation of licences; secondly, the open and transparent means by which rates and ser-vice charges are set; third, the development and en-forcement on advice from the utility of the procedures and technical standards for connection to the grid; and fourth, the establishment and administration of tec hnical standards used in all aspects of the provision of electricity services. Clause 15 requires the Authority to act upon any Ministerial directions, while giving fair consider ation and sufficient attention to the purpose of the Act as well as the regulatory principles under section 16 set out in the Regulatory Authority Act. This cl ause also requires the Minister to resolve conflicts between any Ministerial directions and the purpose of this Bill in a manner that best serves the public interest. Clause 16 allows the Authority to exercise the power to delegate any of its functions to any Commi ssioner or member of staff in accordance with the del egation of the Authority’s functions provisions in section 27 of the Regulatory Authority Act. Now these powers include the revocation or variation of those delega-tions; the further delegations of functions to other members of staff; the application of conditions, qualif ications or exceptions to any delegation; and the per-formance of any function regardless of whether it was delegated. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are t here any other Members that would like to speak to clauses 9 through 16? The Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. In reference to clause 9 with the trade- offs and the Ministerial decisions, is there going to be an appeals process for people who are aggrieved or who feel that they have a legitimate case? What will be the nature of that appeals process, if …
The ChairmanChairmanThank you. Minister. Dr. the Hon. E. Grant Gibbons: We actually di scussed this. An appeal process here particularly under the Regulatory Authority Act is . . . there are a lot of provisions in there for if there is a decision and back and forth in writing, and these …
Thank you. Minister. Dr. the Hon. E. Grant Gibbons: We actually di scussed this. An appeal process here particularly under the Regulatory Authority Act is . . . there are a lot of provisions in there for if there is a decision and back and forth in writing, and these are the explanations under the Regulatory Authority Act. But I think perhaps what the Honourable Member is getting at is the ultimate appeal here is to the court. Any of these, you know, decisions or directions or anything of that sort are always appealable to the Supreme Court. And as the Honourable Member will know, there has not been any hesitation in the telecommunications area to use that particular avenue.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 9 through 16? The Chair recognises the Member from co nstituency 17.
Mr. Walton BrownMadam Chairman, I am troubled by [clause] 15(2). As the Minister said, this Bill has had an extensive consultation process, there has been a lot of input, a lot of thinking about the wording of this legislation. S o I do not understand how you can have this [clause] 15(2) …
Madam Chairman, I am troubled by [clause] 15(2). As the Minister said, this Bill has had an extensive consultation process, there has been a lot of input, a lot of thinking about the wording of this legislation. S o I do not understand how you can have this [clause] 15(2) which says if there is a difference of opinion or a conflict between the purposes of the Act and the Ministerial direction that the Minister is going to act in ways to resolve it. I would have tho ught, given the extensive consultation process, if there is a conflict between the purposes of the Act and the Ministerial directions, the purposes of the Act would prevail. So I need an ex-planation from the Minister as to why this provision is in the Act.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: I think the answer is very simple. There may be, if you go back and look at the purposes, there may be issues there where you have competing purposes —env ironmental sustainabi lity, you have affordability, …
Thank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: I think the answer is very simple. There may be, if you go back and look at the purposes, there may be issues there where you have competing purposes —env ironmental sustainabi lity, you have affordability, you have a lot of those sorts of issues —and I think because this is a new piece of legislation and because we are moving to some degree into a little bit of uncharted territory here, al though there is a lot of reliance on the Regulatory A uthority Act, this does give the ability . . . because we saw some of those competing issues coming up in the public consultations and the stakeholder meetings, I think the provision here was that in the event that there appeared to be conflicts, the Minister is asked to resolve those in the public interest. So I think, as we saw a couple of clauses ago, that is going to revolve around consultation with the Regulatory Authority. There may be public consult ation as there is a lot of provision for in the Regulatory Authority Act as well. But I think the answer is we thought that there needed to be . . . or the drafters thought there needed to be some provision to be able to deal with this issue of if there were conflicts, and that was the best we could come up with.
588 12 February 2016 Official Hansard Report
Bermuda House of Assembly The Chairman: Thank you. Are there any other Members that would like to speak to clauses 9 through 16? The Chair recognises the Member from constituency 18. You have the floor.
Mr. E. David BurtGood evening, Madam Chairman. Madam Chairman, my question is regarding clause 12, specifically clause 12(3)(b) where it says that, “in its submission, identify information to which the Authority has confidential treatment under section 33(5) of the Regulatory Authority Act 2011.” In saying that, it states that the Regulatory Authority can …
Good evening, Madam Chairman. Madam Chairman, my question is regarding clause 12, specifically clause 12(3)(b) where it says that, “in its submission, identify information to which the Authority has confidential treatment under section 33(5) of the Regulatory Authority Act 2011.” In saying that, it states that the Regulatory Authority can give confidential information to the Mi nister responsible. Now, this goes back to other places where, what happens when there is a conflict of inter-est between what the Minister may in private interest have between the information that he could receive from the Authority which could adversely affect . . . the issue is not whether the accusation could be made that the Minister will act in that way, it is the appear-ance of impropriety that could come from a Minister, and not even specifically that Minister, but any Minister responsible for Energy who may have interests in energy companies and receiving confidential infor-mation about other energy companies. The question is, When does the Minister recuse himself, or how is that handled, or how do we make sure that we preserve that space? And I am raising this because this was a concern that was raised by people who may be affected by this who are inside the industry. I would like for the Minister, or if he wants to consult with his technical officers, to state how that will be resolved. Is there a way for the Mini ster to recuse himself? Is there a way inside of Cabinet for someone else to handle the decisions, to take that away? B ecause in this case, I am assuming, that the person is accurate, that the Honourable Minister may have i nterests in an alternative energy company. And if that is the case then this is something that is concerning to those people inside of the industry. So I was hopi ng the Minister could explain how that would be handled and addressed.
The ChairmanChairmanThank you. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, I think there may be a little bit of a misinterpretation here. This particular section is in here, it is 12(2) and then (3). It says, “the Minister may obtain from the Authority under subsection (1)” …
Thank you. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, I think there may be a little bit of a misinterpretation here. This particular section is in here, it is 12(2) and then (3). It says, “the Minister may obtain from the Authority under subsection (1)” what the information is “technical analyses and technical advice concerning the elec-tricity sector and related matters.” Because the Minister is obviously responsible for policy, so the Minister and, you may recall under telecommunications, the Regulatory Authority assisted with the Spectrum Policy. So there was quite a bit of discussion there in a generic way back and forth. I think the Honourable Member is referring to what comes next, “The Authority shall (a) submit such information in accordance with section 6 of the Reg ulatory Authority Act” and “(b) in its submission identify any information to which the Authority has granted confidentia l treatment under section 33(5) of the Re gulatory Authority Act 2011.” I think that is simply to flag for the Minister the fact that some of the technical information provided is commercially sensitive and the Minister needs to be very careful about whether any of that may be r eleased in a policy document or something of that sort. I think that is really the intent of this. With regard to the Honourable Member’s, I think, main question which is, if there is a conflict of interest how does the Minister deal with it? It is a good question and it happens regularly with other legislation. And I can give you an example. For example, when the Minister of Economic Development (which is myself right now) gets an application under the Com-panies Act, sometimes the Minister has an interest. It could be a shareholding interest, it could be a family interest or something of that sort, or it could be anot her kind of interest, it works very well. The Minister recuses himself and simply gets an acting Minister or another M inister to deal with the issue. And it happens, I will not say on a very regular basis, but it hap-pens from time to time and we have provisions set up to do that. And obviously, I think, any Minister wants to be very careful that they are not accused of opining, issuing a licence permit, or making a decision on a company or something else that they have an interest in. And I think it certainly worked in the Companies Act. Since I have been Minister, I remember it when I was in the Ministry of Finance a long time ago when we had responsibility for the Companies Act then, and I suspect it happened with the previous Government. If a Minister had an interest or a conflict with a partic ular decision, licence, or permit, I am sure that Minister would have recused himself/herself . But it functions. Thank you.
The ChairmanChairmanAre there any other Members that would like to speak to clauses 9 through 16? Thank you. The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much, Madam Chairman. I accept the Minister’s answer, but I guess the question is does the Minister find it at all concerning, I would say, that there are members of the industry that are concerned that due to the interest that he holds in an alternative energy …
Thank you very much, Madam Chairman. I accept the Minister’s answer, but I guess the question is does the Minister find it at all concerning, I would say, that there are members of the industry that are concerned that due to the interest that he holds in an alternative energy company that there could be space for . . . that there could . . . these are the concerns that are coming to us, that there could be space
Bermuda House of Assembly for . . . when confidential or commercially sensitive information gets to the Minister that it could go som ewhere else? And that is the concern that is being addressed. So I am just hoping that the Minister could address that because members of industry have come to us with that concern.
The ChairmanChairmanThank you. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. We need to have a chat afterwards because I do not have any interest in an alternative energy company, as the best of my knowledge. So I am not sure what he …
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 9 through 16? There are no other Members. Minister? Dr. the Hon. E. Grant Gibbons: Thank you. I would like to move clauses 9 through 16.
The ChairmanChairmanIt has been moved that clauses 9 through 16 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 9 through 16 passed.]
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 17, I would like to move clause 17 and this is the one where I have an amendment.
The ChairmanChairmanOkay. Dr. the Hon. E. Grant Gibbons: Okay. Clause 17 sets out specific activities that are regulated with respect to the provision of electricity services: transmission or distribution, generation, large scale self -supply, retail service to the public, sale of electricity by bulk generators to the utility, and purchase of …
Okay. Dr. the Hon. E. Grant Gibbons: Okay. Clause 17 sets out specific activities that are regulated with respect to the provision of electricity services: transmission or distribution, generation, large scale self -supply, retail service to the public, sale of electricity by bulk generators to the utility, and purchase of wholesale electricity by the utility. And I will stop there unless you want me to do the—
The ChairmanChairmanThe amendment? Dr. the Hon. E. Grant Gibbons: —amendment as well, yes. Would you like me to do that?
The ChairmanChairmanYes, please. AMENDMENT TO CLAUSE 17 Dr. the Hon. E. Grant Gibbons: Okay. The amendment is, as we said, in clause 17. And so in paragraph (f) of clause 17 I would like to insert before the word “purchase” the word “whol esale.” And the reason for this is we …
Yes, please.
AMENDMENT TO CLAUSE 17 Dr. the Hon. E. Grant Gibbons: Okay. The amendment is, as we said, in clause 17. And so in paragraph (f) of clause 17 I would like to insert before the word “purchase” the word “whol esale.” And the reason for this is we noticed after the Bill was tabled, in fact someone drew it to our atten-tion, that the purchase of electricity here is considered to be a regulated function, but what we really want to regulate is the wholesale purchase of electricity, which would happen by the TD&R Licensee. We do not want to have to licence a householder to be able to pur-chase electricity. So this simply clarifies that what we are tal king about here in terms of regulation is the wholesale purchase of electricity. Thank you, Madam Chairman.
The ChairmanChairmanAre there any other Members that would like to speak to the amendment to clause 17? Would you like to have the amendment approved before we continue to speak on the clause? Dr. the Hon. E. Grant Gibbons: Yes. I move the amendment be accepted. Is that what you would …
Are there any other Members that would like to speak to the amendment to clause 17? Would you like to have the amendment approved before we continue to speak on the clause? Dr. the Hon. E. Grant Gibbons: Yes. I move the amendment be accepted. Is that what you would like? The Chairman: It has been moved that the amendment to clause 17 be approved. Are there any objections to the amendment? No objections. Agreed to. [Gavel] [Motion carried: Amendment to clause 17 passed.]
The ChairmanChairmanAre there any Members that would like to speak to clause 17, as amended? There are no Members. Minister, we would approve [ clause] 17. Dr. the Hon. E. Grant Gibbons: Okay. I would like to . . . I move that clause 17 be approved as amended.
The ChairmanChairmanIt has been moved that clause 17 be approved as amended. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 17 passed as amended.] 590 12 February 2016 Official Hansard Report Bermuda House of Assembly The Chairman: Minister, please proceed. Dr. the Hon. E. …
The ChairmanChairmanClause 18. Dr. the Hon. E. Grant Gibbons: Thank you. I move clauses 18 through 23, exactly. Thank you.
The ChairmanChairmanYes, please. Dr. the Hon. E. Grant Gibbons: Clause 18 stipulates that a licence is required to engage in any regulated activity with one exception. This exception refers to small residential solar photovoltaic (PV) installations that feed into the grid, which will be authorised by a Standard Contract rather than …
Yes, please.
Dr. the Hon. E. Grant Gibbons: Clause 18 stipulates that a licence is required to engage in any regulated activity with one exception. This exception refers to small residential solar photovoltaic (PV) installations that feed into the grid, which will be authorised by a Standard Contract rather than a licence. This clause notwithstanding the provision to waive sections 5(3) and 5(5) of the Regulatory Authority Act, also removes the ability of the Minister to grant waivers from r estrictions contained in this Bill. Clause 19 sets out the activities that are sp ecifically prohibited under this Bill with one exception. The prohibited activities are: wheeling—the transmis-sion and distribution of electricity not procured by the electric utility; and the receipt of electricity from an yone other than the electric utility. An example of wheeling, which is an industry term, would be when a company or individual that owns several properties which are not adjacent wishes to supply solar PV from one property to another using the grid (that is the util ity’s grid). This would be a prohibited activity. That en-tity would only be allowed to sell that electricity to the utility, which is more beneficial to all the consumers by helping to offset the use of fossil fuels. Exception to this provision would occur after a destructive event such as a hurricane, and if the normal supply of elec-tricity were interrupted neighbours would be allowed to share electricity until the supply of electricity from the utility was restored, kind of a very Bermudian across -the-fence kind of thing. Moving on to clause 20. Clause 20 specifies the various types of licences that the Regulatory A uthority may grant. They are: • A TD&R Licence (that is a transmission, di stribution and retail licence) of which only one will be granted, authorises the licensee to own and manage the national electricity grid which consists of the utility poles, electric wires, transformers, and substations, and to sell electri city directly to consumers. • The next one is a Bulk Generation Licence, which authorises the licensee to produce electricity above the threshold for distributed gen-eration. • Large Scale Self -Supply Licence, which a uthorises the licensee to generate electricity above a defined threshold for their own pr ivate use.
This clause also requires the TD&R Licensee, who will possess the only licence of that type, to pr ovide access to the electricity supply to all residents, adhere to any consumer protection directives that may be imposed, and be responsible for the provision of all electricity supply services in accordance with the Int egrated Resource Plan. The TD&R Licensee will also be subject to the “Duties of Sectoral Providers” which are provisions in Part 7 of the Regulatory Authority Act that set out: the general duties of sectoral providers under section 84; their prohibition of the abuse of dominance, section 85; prohibition of unreasonable restraint of trade, section 86; procedures for change of control, that is a concentration review, section 87; and prohibition of unfair trade practices, section 88. It should be noted that owners of residential solar PV installations below a set threshold will not require licences. They will, instead, be granted revised versions of their existing Power Purchase Agreements referred to as a Standard Contract. The thresholds for each type of licence will be defined by regulations. The final type of licence is the Large Scale Self-Supply, which means that above a licence threshold if a customer wants to come off the grid entirely, they will need a licence to do so. This is be-cause large customers form part of the demand profile for the utility and as such the utility must keep suff icient reserve to meet their needs. If a large cust omer comes offline, those resources that the utility held in reserve for that customer may then be deployed to other uses. If that large customer is not consistent in being able to provide for their own electricity, it is diff icult for the utility to cope with the dramatic fluctuation. The Self -Supply Licence is there to provide some certainty for the utility, ultimately to the benefit of all of the customers, and would require that the self -supplier affirm and supply evidence of their ability to go off - grid. Clause 21 sets out the mechanism for licence applications and renewals, including the ability of the Authority to charge an application fee together with the requirement to publish notice of each application, to make applications available for public viewing, and to invite comments from the public. Clause 22 allows the Authority to set its own procedures for evaluating a licence application, including the ability to request additional information from the applicant. The Authority may either grant a l icence, with or without conditions, or refuse the appl ication. Clause 23 specifies the criteria for the grant of each type of licence and allows the Authority to grant different classes of licences. The basic criteria r equired for consideration of a licence include: meeting the requirements of the Companies Act (if applicable),
Bermuda House of Assembly the Planning and Building Acts and any other relevant legislation; demonstrating their technical capacity r equired to professionally operate the proposed facility; demonstrating the financial capacity to build and op-erate the facility; and ensuring its officers and direc-tors are fit and proper to perform all functions in rela-tion to the regulated activities. The additional criteria for a Bulk Generation Licence are that the applicant must either be the TD&R Licensee or another entity that has entered into a Power Purchase Agreement with the TD&R Licen-see. Applicants for a Large Scale Self -Supply Licence are not required to meet the financial capacity r equirements or to demonstrate the probity of their pri ncipals. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 18 through 23? The Chair recognises the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. Madam Chairman, the part that leaps out at me and does cause some concern is the prohibiting of wheeling. And I would be very curious to know why this decision has been made by the Government. I believe this is new. The Chairm an: Clause …
Mr. Jamahl S. SimmonsClause 19, correct. This as I understand is a new prohibited item, is that correct? So this is something that we are now taking away something that is available now. [Inaudible interjection]
Mr. Jamahl S. SimmonsIt is not new, okay. The issue I have here is this: With our history of limiting competition, wheeling has been used in many jurisdictions to allow independent energy pr oviders to have an opportunity to compete and provide services. Would the Minister consider re -examining the issue of wheeling …
It is not new, okay. The issue I have here is this: With our history of limiting competition, wheeling has been used in many jurisdictions to allow independent energy pr oviders to have an opportunity to compete and provide services. Would the Minister consider re -examining the issue of wheeling in terms of allowing independent people, independent energy providers, to have the opportunity to get into the market? We have a history in Bermuda of locking people out, and I think anything that has that sort of air about it, unless there is sufficient justification, should be examined thoroughly. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. The Chair recognises the Member from constituency 18.
Mr. E. David BurtThank you very much and I would like to echo the comments of the Shadow Minister. I am hoping that the Minister can give a clar ification as to why the Government felt it needed to outlaw this practice when there are very few places or countries where this is …
Thank you very much and I would like to echo the comments of the Shadow Minister. I am hoping that the Minister can give a clar ification as to why the Government felt it needed to outlaw this practice when there are very few places or countries where this is outlawed, and it is somethin g that is known to assist with additional investment i nside of the alternative energy sector.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I think the simple answer is that there is no wheeling right now. Wheeling, particularly, introduces complexities into grid management. I am not saying nor would I be saying to a future …
Thank you, Member. The Chair recognises the Minister.
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I think the simple answer is that there is no wheeling right now. Wheeling, particularly, introduces complexities into grid management. I am not saying nor would I be saying to a future government, or perhaps some years down the road wheeling might be reconsidered, but right now I think we are concerned enough about stability of the grid and bringing on both things like solar, renewable solar, possibly wind, bulk licensees and others. These all involve complexities in terms of managing the grid. We suspect that there will need to be some improvement, upgrading, in grid management as well. But right now I think the issue is that wheeling would introduce an additional degree of complexity because what you are really saying is you have got some other power producer out there which is then usi ng the grid, which is already in use, to try and transfer electricity from their generation facility to another user over the existing grid. I think the concern, if I understood it correctly, is there is nothing that would prevent somebody who is able to provide that bulk generation capability from selling that electricity to the utility and having it distri buted that way because that then supports other cus-tomers by, obviously, using the grid and obviously paying . . . well, not paying the fee, but it is part of the broader use of the grid without introducing the kind of complexity. So it is a way of reducing the, what I will call, additional power coming on at this time. So I think we had good reason to believe that this would not help with reliability and sustainability of the grid. And it does not prevent an independent power producer or a bulk power producer from supplying electricity to the grid, which is then sold on. Thank you.
The ChairmanChairmanThank you. Are there any . . . the Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsWell, I certainly understand the position the Minister . . . where he is coming from. My concern is in the long run that you will actually be stifling innovation because you will not have the op-portun ity to even get your foot in the door if you have 592 …
Well, I certainly understand the position the Minister . . . where he is coming from. My concern is in the long run that you will actually be stifling innovation because you will not have the op-portun ity to even get your foot in the door if you have 592 12 February 2016 Official Hansard Report
Bermuda House of Assembly the means to work with the providers to get this done. I think this is something that needs to be looked at. I think, again, part of our being responsive and being able to be nimble in our regulatory body, I think this is something that we need to keep a very close eye on and I think that we should not allow . . . we have a very sophisticated grid, I mean, I understand where he is talking . . . we do not want to jeopardise reliability. But I think that we also do not want to stifle innovation, we do not want to stifle entrepreneurship, we do not want to stifle anyone with a good business idea who is able to show that they can do this without jeopardising the grid or jeopardising reliability of service. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, I will certainly take the Honourable Member’s suggestion under advisement. I think it was one of those questions that, I think, for the time being we just felt that . . . without repeating myself, …
Thank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Yes, I will certainly take the Honourable Member’s suggestion under advisement. I think it was one of those questions that, I think, for the time being we just felt that . . . without repeating myself, that wheeling would introduce a nother level of complexity which would be difficult. There is nothing to stop . . . after we have got, shall we say, significant stability for a couple of years from having that looked at again, from making amendments. I think this legislation, I am sure, is going to be amended over the next couple of years anyway as we get more experienced in regulating the electricity sector. It really has not been regulated to any great d egree up to this point and I think in the same way with telecommunications going through lots of changes and lots of technological advances, I would not be surprised if we were coming back and looking at this and possibly some of the other issues as well. So I am not saying no, never. All I am saying is that I think right now we thought we had enough issues to deal with without introducing that complexity as well. And I honestly do not think, for any entrepr eneur . . . because we have already had quite a few come to us and say, I want to provide bulk power, and all the rest of it. It is not restraining that. It is simply the method of how you deliver that. And we have got a method of delivery which is to the TD&R Licensee.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 18 through 23? The Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. Clause 23(1)(d) “every person who is . . . to be, a director, controller or senior executive of the applicant company is a fit and proper person to perform the functions in relation to any regulated activity car-ried on by the company . . .” …
Thank you, Madam Chai rman. Clause 23(1)(d) “every person who is . . . to be, a director, controller or senior executive of the applicant company is a fit and proper person to perform the functions in relation to any regulated activity car-ried on by the company . . .” I understand, I think, where the Government is trying to go with this. I think you do not want someone professing to be an engineer who lacks the qualific ations. I do not think you want someone who is a per-son of ill repute or bad reputation. They may be qual ified, but they [are] all up and down the world and had issues with their performance. My concern is with a small Island and with our history of retribution and patterns of blackballing people that this will be used as an excuse to exclude people, or even applicants, who may not be favoured with the Minister of the day, the Government of the day, the powers that be of the day. And I think this is a cause for concern. I am always bothered when the Government gets too deeply involved in sort of picking winners and losers when it comes to things of this na-ture. So that is my concern with clause 23. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, I think the best way to put this is that when you move into a regulated sector, this is pretty common language. It is certainly all through, as the Honourable Member will be aware, …
Thank you, Member. Minister?
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Madam Chairman, I think the best way to put this is that when you move into a regulated sector, this is pretty common language. It is certainly all through, as the Honourable Member will be aware, all through the financial regulation sector, this business of being fit and proper. It just means, basically, particularly for the TD&R Licensee, that you are being more careful in making sure that, particularly officers and directors, are fit and proper in that particular sense. So, I think it is not trying to exclude, it is just trying to make sure that the TD&R Licensee gets the message that they have got to be careful that they have got . . . well, I think the expression is “fit and proper.” So it is not trying to exclude on a case- bycase basis. I think it is just . . . well, there it is.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 18 through 23? There are no other Members. Minister? Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clauses 18 through 23 be approved.
The ChairmanChairmanIt has been moved that clauses 18 through 23 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] Bermuda House of Assembly [Motion carried: Clauses 18 through 23 passed.]
The ChairmanChairmanMinister, please proceed. AMENDMENT TO CLAUSE 24 Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I wish to move clause 24. I am just going to move 24 because there is an amendment to it. Okay. Clause 24 specifies that the form and term of each licence are …
Minister, please proceed.
AMENDMENT TO CLAUSE 24
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I wish to move clause 24. I am just going to move 24 because there is an amendment to it. Okay. Clause 24 specifies that the form and term of each licence are defined in Schedule 1 of this Bill and allows the Authority to set other provisions that may be appropriate. Schedule 1 will be brought into force by the negative resolution procedure after final consu ltations with the Regulatory Authority and their pr ospective licensees. Would you like me to—
The ChairmanChairmanDo the amendment, please. Dr. th e Hon. E. Grant Gibbons: Yes. The amendment is so that in clause 24 after subsection (2), I would like to insert the following subsection: “(3) The Minister may by order subject to the negative resolution procedure amend or vary Sche dule 1.”
The ChairmanChairmanThank you. Are there any other Members that would like to speak to the amendment? Minister, if you would seek to have it approved. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clause 24, as amended, be approved.
The ChairmanChairmanAre there any objections to approving clause 24 as amended? No objections. Agreed to. [Gavel] [Motion carried: Clause 24 passed as amended.]
The ChairmanChairmanMinister, please proceed. Dr. the Hon. E. Grant Gibbons: Thank you. The next one is [clause] 35 —
The ChairmanChairmanSo [clauses] 25 through 34? Dr. the Hon. E. Grant Gibbons: Thank you very much, you are step ahead of me here. I move clauses 25 through 34. Clause 25 sets out the conditions that must be met before the Authority may grant a licence. These conditions include: the payment …
So [clauses] 25 through 34? Dr. the Hon. E. Grant Gibbons: Thank you very much, you are step ahead of me here. I move clauses 25 through 34. Clause 25 sets out the conditions that must be met before the Authority may grant a licence. These conditions include: the payment of all licence fees; assurance that the grant of such a licence is con-sistent with the purposes of the Act, and any Minist erial directions governing the structure of the electricity sector; and that the applicant meets the criteria that relates to the type of licence being requested. This clause also confirms that the licences, permits and other authorisations provisions, which is section 48 of the Regulatory Authority Act applies to the issue of electricity service licences. Clause 26 allows the Authority to specify compliance -related conditions in any licence, which may include: the requirement to pay any fee or pena lty; to comply with all relevant legislation, determina-tions and directives; to meet all consumer protection requirements; and to comply with all electricity sector information requests issued by the Authority. The A uthority shall also include, as a condition of the TD&R Licence, the requirement to interconnect with all Bulk Generation Licensees. All licence conditions imposed by the Authority must have the prior consent of the Minister. Those are just the conditions. Clause 27 requires the Authority to publish a notice on its website and in the newspaper when a licence has been granted. Clause 28 stipulates that the term of a l icence, subject to suspension or revocation, shall not be longer than 30 years. This clause also allows for the renewal of licences. And notwithstanding section 49(5) of the Regulatory Authority Act, which allows the Authority t o issue temporary licences, the Authority is precluded from issuing temporary electricity service licences. Thirty years is an industry acceptable term for certain licences, such as those that require signif icant capital investment, for example transmission and distribution. Other licences such as generation are typically for a shorter term, but can be issued for as long as 30 years as well. Clause 29 permits the Authority to modify l icences and service standards on its own initiative or with the consent of a licensee. If the modification is on the Authority’s own motion, then the modification, suspension or revocation provisions (which is section 51 of the Regulatory Authority Act) shall apply. This section requires the Authority to give the licensee reasonable notice and the opportunity to comment which must be taken into consideration. In the case of an amendment to service standards, then Part 6 Service Standards and Principles for Retail of Electricity of this Bill shall apply. Clause 30 prohibits the transfer or assignment of licences without the consent of the Authority. Trans-fer includes a change of control that results in a change in the decisive influence over the affairs of the licensee or a change of 25 per cent or more of the ownership of the licensee. This clause also requires 594 12 February 2016 Official Hansard Report
Bermuda House of Assembly the Authority to apply the same criteria to a transferee that it would apply to an applicant for a new licence. Clause 31 sets out the rules that govern the suspension, in whole or in part, or the revocation of a licence. In either case the modification, suspension or revocation provisions (that is section 51 of the Regul atory Authority Act) shall also apply, which requires the Authority to give the licensee reasonable notice and the opportunity to comment before any action is taken. Clause 32 establishes the grounds and pr ocedures upon which the Authority may refuse an ap-plication. The specific grounds for refusal are: an i ncomplete application, even after the expiration of add itional time; or a failure to meet the criteria for the grant of a licence (that is section 23). If an applicant does not meet the established criteria then the Authority must give the applicant the opportunity to make repr esentations which the Authority must take into account before finalising its decision. Clause 33 grants an applicant, who is a ggrieved by the decision of the Authority with respect to the grant, modification, suspension, revocation or transfer of a licence, the right to appeal to the S upreme Court. The Appeals to the Supreme Court provision 96 of the Regulatory Authority Act shall apply, which indicates that appeals are limited to points of law or mixed fact and law. Clause 34 requires the Authority to set standards for reliability, power quality and customer service. This clause also confirms that the Regulatory Author ity Act provision, which is section 13(p), relating to the establishment and enforcement of quality service standards, applies. I will stop there, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Member s that would like to speak to clauses 25 through 34? Thank you. The Chair recognises the Member from constituency 33.
Mr. Jamahl S. SimmonsMadam Chairman, these are pretty standard and we support these.
The ChairmanChairmanThank you, Member. Minister? Dr. the Hon. E. Grant Gibbons: I thank the Honour able Member. I move clauses 25 through 34 be approved.
The ChairmanChairmanIt has been moved that —oh, sorry. The Chair recognises the Member from constituency 17. You have the floor.
Mr. Walton BrownMy apolog ies, Madam Chairman, I was distracted by my Whip who really should know better. [Laughter]
Mr. Walton BrownThe rationale that the Minister just advanced in clause 28 and the 30- year licence is that it has to do with the excessive or significant capital investment. But the legislation provides for BELCO to be the only licensee. They have had the licence for 60, 65 years. So what …
The rationale that the Minister just advanced in clause 28 and the 30- year licence is that it has to do with the excessive or significant capital investment. But the legislation provides for BELCO to be the only licensee. They have had the licence for 60, 65 years. So what capital investment are we tal king about? We are not talking about any significant new capital investment. So I do not understand how the Government can put into legislation a further 30 - year exclusivity deal for BELCO when the capital i nvestment has already taken place. There may be some incremental capital investment, but it just seems overly restrictive to give BELCO another 30 years at a time when we say we are moving toward a new energy environment. So if the Minister could address that I would be very happy.
The ChairmanChairmanThank you, Member. T he Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Sure. The Honour able Member will no doubt have read this carefully, but what it says is, “Subject to section 31, the Licence shall be for the term stated in the licence which term shall …
Thank you, Member. T he Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Sure. The Honour able Member will no doubt have read this carefully, but what it says is, “Subject to section 31, the Licence shall be for the term stated in the licence which term shall not exceed 30 years.” So in essence what we are asking the Reg ulatory Authority to do is to make a determination about the length of licence. I think it would be fair to say that we all assume that all the poles, all the substations, and everything else are in place right now, so what is the big deal? Why are we saying there are infrastruc-ture costs? I think my own sense is and having looked at some of the issues that relate to things like adding, potentially, a new solar utility down at the finger, there is some very expensive cabling and substation and other requirements. There may be significant changes required as a consequence of bringing on a Bulk Li-censee requiring upgrade, new substations, and things of that sort. There is always discussion about whether we have got everything underground that we need to. So I think these are the kinds of issues that . . . we are not saying it will be 30 years, we are sim ply saying it is going to be . . . it cannot be more than 30 years. So that may not answer your question, but I think we are leaving that issue up to the Regulator to some degree. Thank you.
Bermuda House of Assembly
The ChairmanChairmanThank you. The Chair recognises the Member from constituency 17.
Mr. Walton BrownSo given that the Honourable Minister recognises that the capital investment would not be anywhere near the investment required for a ltogether new entity, can the Minister assure this House that given his Ministerial responsibility under this Act, he will direct the RA to issue a licence for a period …
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Well, that gets me into trouble because I . . . I do not want to be in a pos ition where I am dictating a licence. That is left to t he Regulatory Authority. But …
Thank you, Member. The Chair recognises the Minister.
Dr. the Hon. E. Grant Gibbons: Well, that gets me into trouble because I . . . I do not want to be in a pos ition where I am dictating a licence. That is left to t he Regulatory Authority. But if it makes the Honourable Member feel any better, I am quite happy to make sure that the point he is raising and the Integrated R esource Plan and what may be required is taken into consideration when we consider the term of these l icences. I do not think it is fair for us to sit up in this House without understanding all of the . . . and I am not saying, I think what I was trying to say is it looks like a lot of that capital infrastructure is already in place, but all I am telling you is that I think things like smart grids and new bulk generators coming on board, distributed generation and all of that is going to require capital investment going forward. So it is not as though the last dollar or million dollars has been put in. Some of the stuff that I am hearing about right now is going to require millions of dollars of inves tment just in the next couple of years. So I think it would be unfair to say that they have spent everything they need to on capital infrastructure so far. It just is not the case. I take your point on board.
Mr. Walton BrownMy apologies. Dr. the Hon. E. Grant Gibbons: Well as a sharehol der perhaps you would be aware of that, I am not .
The ChairmanChairmanAre there any other Members that would like to speak to clauses 25 through 34? There are no other Members. Minister? Dr. the Hon. E. Grant Gibbons: Yes, thank you. So I move that they be approved.
The ChairmanChairmanIt has been moved that clauses 25 through 34 be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 25 through 34 passed.] Dr. the Hon. E. Grant Gibbons: I would like to move clause 35 because this is one that is going …
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Clause 35 defines the principles the Authority must adhere to when setting retail tariffs. Specifically, the Authority must spec ify the methodology to be used in determining a tariff and allow the utility to recover the reasonable cost of their investment in …
Please proceed. Dr. the Hon. E. Grant Gibbons: Clause 35 defines the principles the Authority must adhere to when setting retail tariffs. Specifically, the Authority must spec ify the methodology to be used in determining a tariff and allow the utility to recover the reasonable cost of their investment in the supply of electricity and in meeting the prescribed service standards. The A uthority must also allow a reasonable rate of return on those supply investments. This clause also requires the utility to inform each of their consumers of the impact that their elec-tricity demands has on the cost to the utility. Finally, this clause requires the utility to obtain the prior ap-proval of the Authority before implementing a nd/or varying customer tariffs. The Authority may do so in accordance with their power to approve, reject, or modify tariffs as prescribed in their general powers, which is section 13(o) of the Regulatory Authority Act.
The ChairmanChairmanThank you. Dr. the Hon. E. Grant Gibbons: Would you like me to do the amendment?
The ChairmanChairmanPlease. AMENDMENT TO CLAUSE 35 Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I would like to amend clause 35 in subsection (2) as follows: In paragraph (a), by deleting the words “in the asset base”; and by deleting the words “the assets are” and substituting the words …
Please.
AMENDMENT TO CLAUSE 35
Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I would like to amend clause 35 in subsection (2) as follows: In paragraph (a), by deleting the words “in the asset base”; and by deleting the words “the assets are” and substituting the words “the investment is.” And in paragraph (b), by deleting the words “in the asset base.” So we are taking out “asset base” in a number of spots here and in one of them we are inserting “i nvestment is used and useful.” So the amendment would read: “(a) investment if it is prudently incurred and for which the investment is used and useful.” And in (b) “reasonable return on investment that is com596 12 February 2016 Official Hansard Report
Bermuda House of Assembly mensurate with the return on investments in business undertakings with comparable risks, and that is suff icient to attract needed capital.” And the reason we are taking out the words “asset base” is because that may refer directly to i nfrastructure, but there may be investments that the utility makes, for example, in conservation or other things which cost money and are for the public good, but which they would otherwise not have a rate based on. So it is broadening the ability of the Regulat ory Authority to look at what the useful investment is and whether it is used . . . more than just assets and capital infrastructure.
The ChairmanChairmanAre there any other Members that would like to speak to the amendment to clause 35? There are no Members that would like to speak to the amendment. I pass back to the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I move that clause 35, as …
The ChairmanChairmanAre there any other Members that would like to speak to clause 35 with the amendment? We can now go on to have clause 35 a pproved as amended. Are there any objections to having clause 35 approved as amended? No objections. Agreed to. [Gavel] [Motion carried: Clause 35 passed …
The ChairmanChairmanMinister, please proceed. Dr. the Hon. E. Grant Gibbons: Okay. I get a sense people are getting tired. So perhaps — [Inaudible interjection] Dr. the Hon. E. Grant Gibbons: Okay. The next clause that I have to amend is clause 67, so I am quite happy to move everything between …
The ChairmanChairmanAbsolutely. Dr. the Hon. E. Grant Gibbons: All right.
The ChairmanChairmanThere are no objections to that. You may proceed. Dr. the Hon. E. Grant Gibbons: Okay. I move clauses 36 through 66.
The ChairmanChairmanThat is perfect. Dr. the Hon. E. Grant Gibbons: Clause 36 defines the principles that the Authority must adhere to when setting feed- in tariffs. Feed -in tariffs are the rates that the utility pays for electricity generated from distributed generators. Similar to the principles for retail tariffs, the Authority …
That is perfect. Dr. the Hon. E. Grant Gibbons: Clause 36 defines the principles that the Authority must adhere to when setting feed- in tariffs. Feed -in tariffs are the rates that the utility pays for electricity generated from distributed generators. Similar to the principles for retail tariffs, the Authority must specify the methodology it will use and is required to set these rates based on the cost of generation that the utility avoids and any economic benefit accrued to the utility by purchasing this electricity. Clause 37 requires the Authority to conduct retail and feed- in tariff reviews at least every five years or such shorter period as they see fit or as di-rected by the Minister. The first of these reviews must occur, however, within the first two years of the commencement date of this provision. Clause 38 authorises the Regulatory Authority to make general determinations and to issue codes of practice governing the commercial and marketing practices of the utility and any other licensee in order to protect the rights of consumers and any other licen-see. The Authority’s power to make general determ inations to carry out the purposes of this Bill is provi ded for in section 62 of the Regulatory Authority Act. Clause 39 allows the Regulatory Authority to make general determinations that govern the use and disclosure of personally identifiable information that any licensee obtains from their customers in the con-duct of their business. Clauses 40 through 45 set out the requir ements and responsibilities for the processes to be followed for the periodic development of Bermuda’s Electricity Supply Plans. These plans are referred to in the industry as the Integrated Resource Plans or IRPs. A summary of these processes are as follows: • A notice from the Regulatory Authority to t he utility is issued and published requesting the utility to prepare an Integrated Resource Plan proposal. The notice will specify the time hor izon that the proposal should cover, (which must be not longer than five years), the form and content of the proposal and any other guidance or instructions relating to the deve lopment of the proposal. • Next, the utility submits the Integrated R esource Plan proposal to the Authority, which must meet the standard set by the Authority’s relevant and administrative deter mination. The proposal must consider all possible r esources, including new and ageing generation capacity, a diversified generation portfolio, and proposed energy efficiency measures. Consideration must also be given to the inclu-sion of renewable energy options.
Bermuda House of Assembly • Next, upon acceptance by the Authority, it shall publish the Integrated Resource Plan proposal and invite public comments and pr oposals for alternative solutions from interested parties. These alternatives must specify how their inclusion in the IRP will result in a ele ctricity supply that is more consistent with the Government policy and purposes of this Bill than the supply options proposed by the util ity. These alternative supply options should not include technologies that are not being commercia lly used in other jurisdictions. • Next, upon receipt of alternative electricity supply proposals, the Authority shall conduct as many public consultations as may be r equired to adequately assess each proposal. The Authority and the utility may also meet as often as may be required with the proponents of alternative proposals and any other person who they deem as being relevant to the assessments. • Finally, the utility shall prepare a final draft of the IRP for the approval and publication by the Authority. The final draft shall take into consideration all alternative proposals and comments from both the public and the Au-thority. The Authority will then publish the final IRP when it considers it to represent the best approach to meet the Government policy and the purposes of this Bill.
Clause 46 requires the utility to procure r esources from third parties in accordance with the pu blished IRP and this may be amended by the Authority by administrative determination. For example, if the IRP stipulated 50 per cent of the generation should come from new diesel generators and after the IRP was approved the price of diesel were to skyrocket, then that resource no longer provides the best value for money and the TD&R provider should be allowed to pursue more affordable generation resources wit hout having to completely revisit the entire IRP. But obviously, again, subject to the Authority and consul-tation. Clause 47 governs the purchase of electricity by the utility from Bulk Generation Licensees and the conditions for interconnection of that power to the util ity’s grid. The obligations prescribed in this clause also apply to the Bulk Generation Licence that the utility may possess. The conditions for interconnection i nclude: the circumstances when the interconnection must be allowed or may be refused; the allocation of costs as approved by the Authority required to u pgrade the grid to facilitate interconnection; the rights and obligations of the users of such power systems; and compliance with all standards and codes issue d by the Authority. Clause 48 defines the Power Purchase Agreement between the utility and the Bulk Gener a-tion Licensees. Power Purchase Agreements establish the terms and conditions for the purchase of that power, establish the requirements for compliance with the Grid Code, and is conditional upon the grant of a Bulk Generation Licence and the approval of the A uthority. The Authority’s approval should be granted if the agreement is consistent with the published IRP and does not create quality or reliability risks or u nreasonable financial risks to the utility. Any disputes in relation to a Power Purchase Agreement shall be r esolved in accordance with the resolution of disputes between sectoral providers, which is section 58 of the Regulatory Authority Act. These provisions, if the parties are unable to resolve the matter through direct negotiation, allow disputes to be referred to the A uthority. If the Authority is also unable to resolve the issue informally it may then, with the consent of the parties, refer the matter to arbitration or conduct an adjudication on its own. After the adjudication pr ocess, the Authority may then issue a direction, require financial restitution, or take enforcement action. Clauses 49 and 50 define the Standard Co ntract between the utility and small scale distributed generators. Standard Contracts are in lieu of licences and will typically be used by owners of residential f acilities selling excess capacity to the utility. The utility will not, however, be obliged to enter into St andard Contracts that would cause it to exceed the limit of distributed generation contained within the approved Integrated Resource Plan. The Standard Contracts must conform to a standard template issued by the Authority and authorise the purchase of power in a ccordance with established feed- in tariffs. The Contracts also require compliance with all other relevant planning and building legislation and with the Grid Code. Clause 51 establishes the concept of dom inance in the electricity sector. The Regulatory Author ity Act defines “dominant position” as a position of economic strength that affords an entity with the op-portunity to behave in a manner that is detrimental to its competitors or customers. Abuse of this position is the basis for enforcement actions. This clause deems the sole holder of the TD&R Licence and any Bulk Generation Licensees that supply 30 per cent more of the Island’s electricity capacity as being in a dominant position, and therefore, subject to any ex ante remedies that the Authority may impose. The procedures for determining the imposition of ex ante remedies are in section 59 and the prohibition of abuse of dominant position is in section 85 of the Regulatory Authority Act, and these shall apply. Clause 52 allows the Regulatory Auth ority to use various information- gathering powers of the Regu latory Authority to monitor the compliance with this Bill. The Authority may also periodically benc hmark the performance of the TD&R and the Bulk Generation Licensees against international best pra ctice standards or, in matters specific to Bermuda, rely 598 12 February 2016 Official Hansard Report
Bermuda House of Assembly on benchmarks from other jurisdictions relevant to Bermuda. Clause 53 confirms that the enforcement pr ocedures that the Authority must follow must be in accordance with enforcement procedures in s ection 93 of the Regulatory Authority Act. The actions that the Authority may take after determining that a contravention has been committed include: 1. Issuing a warning; 2. Directing actions necessary to remedy the violation; 3. Imposing a financial penalty; 4. Requiring restitution to an injured party; 5. Modifying, suspending or revoking the licence of the offending party; and 6. Referral to the Director of Public Prosecutions as may be appropriate.
This clause also defines specific procedures that must precede the suspension or revocation of a licence. Clause 54 authorises the Minister to make regulations after consultation with the Authority in support of the purposes of this Bill. These regulations are subject to the negative resolution procedure. Clauses 55 through 63 lay out the offences and penalties that are enforceable under this Bill. They are: Clause 55, engaging in a prohibited activity or regulated activity without a licence. And there are a lot of penalties here . . . $25,000 or two years or both for a summary offence; $50,000 or five years or both for an indictable offence; $5,000 per day for a continuing offence; and confiscation of illegal equipment. Clause 56 involves the transfer of a licence without consent. Penalties there as well. I am not going to read all the penalties. Clause 57 is the failure to pay fees. And there are penalties associated with that, including both summary and indictable offences. Clause 58 is the failure to comply with safety standards or immediately remove or repair equipment causing obstructions or danger on public roads. There are penalties involved there. Again, fines and custod ial offences . . . custodial requirements. Clause 59, obstruction of the Minister or the Authority is an offence as well. Clause 60, failure to comply with a licence is an offence. Clause 61, connection of equipment contrary to safety standards is an offence, again, custodial and summary and indictable offences. Clause 62, damage to or interference with a licensee’s plant or equipment. Offences under that . Clause 63, interference with the operation of a plant or equipment, including the theft of electricity. And there are offences, both summary and indictable, under that. Clause 64 holds an officer equally liable for an offence committed by a body corporat e if it is proved that the offence was committed with the consent or connivance of that officer or through neglect on his part. Clause 65 repeals the Energy Act 2009 and includes a provision that transfers all pending matters before the Energy Commission t o the Regulatory A uthority. Clause 66 includes special provisions that will allow BELCO and the existing distributed generators, commercial and residential, that were lawfully operat-ing to continue to provide electricity services for a period of six months after Part 4 of this Bill comes into operation. During that period BELCO and the distri buted generators shall be granted the applicable l icences after paying the required licence fees, in the case of BELCO, and meeting the relevant document filing require ments. The Minister may extend this per iod for up to a maximum of 12 months by order subject to the negative resolution procedure. And I am going to stop there, Madam Chai rman.
The ChairmanChairmanThank you very much. Are there any other Members that would lik e to speak to clauses 36 through 66? The Chair recognises the Member from constituency 33. You have the floor.
Mr. Jamahl S. SimmonsThank you, Madam Chai rman. The first thing that leaped out at me is in clause 39(a) “disclosure of the end- user’s name, address and telephone number.” I would suggest adding “e-mail” to that as well. That is a major point of concern for many consumers being their e- mail …
Thank you, Madam Chai rman. The first thing that leaped out at me is in clause 39(a) “disclosure of the end- user’s name, address and telephone number.” I would suggest adding “e-mail” to that as well. That is a major point of concern for many consumers being their e- mail info rmation being passed out or being passed around. And more and more frequently we are seeing e- mails being used for billing, contact for different issues, and things of that nature. So by my suggestion that would enhance the Bill and make . . . bring it into the 21 st century.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 36 through 66? The Chair recognises the Member from constituency 17.
Mr. Walton BrownThank you, Madam Chairman. I am just troubled by clause 36(a). One of the most compelling dimensions of this legislation is that it will provide a revenue stream for those entities that are actually energy providers. And here we have the principles set out for how the rates are to …
Thank you, Madam Chairman. I am just troubled by clause 36(a). One of the most compelling dimensions of this legislation is that it will provide a revenue stream for those entities that are actually energy providers. And here we have the principles set out for how the rates are to be deter-mined. And the two principles are identified here in sections 36(a)(1) and (2). But what disturbs me is that
Bermuda House of Assembly 36(a) says “the rate shall seek to allow compensation for, at most” these two principles. And given that the Minister has already acknowledged that this is a rapi dly changing area, things can evolve very, very quickly, I do not understand why you would want to restric t the ability of the RA to determine the appropriate feed- in tariff rate just to these two principles, which seem to be connected just to the TD&R entity, BELCO. So would the Minister consider removing those two words “at most” to allow the RA to have the appropriate flexibility based on the multitude of factors that we currently understand, but those that may just arrive in the short term that will allow for a much more appropriate methodology for determining prices?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chair. First of all, I certainly have no objection to the inclusion of “e- mail” in that list. I think that is sensible.
The ChairmanChairmanClause 39(a)? Dr. the Hon. E. Grant Gibb ons: Yes. With respect to feed- in tariff setting principles, I think it is important to understand that there are two parts to this. “The rate shall seek to allow compens ation for, at most” —first of all is the avoidance . …
Clause 39(a)? Dr. the Hon. E. Grant Gibb ons: Yes. With respect to feed- in tariff setting principles, I think it is important to understand that there are two parts to this. “The rate shall seek to allow compens ation for, at most” —first of all is the avoidance . . . the avoided cost for the TD&R Licensee, but there is an “and” which also includes “an estimate of any ec onomic benefits from distributed generation.” Frankly, that gives quite a bit of latitude to the Regulatory Authority because you have got not just the one piece, which is the avoi ded cost, but you have also got an estimate of any economic benefit. So in essence we are allowing the Regulatory Authority to reach, hopefully, a carefully analysed additional fee based on economic benefits for distributed generation . . . anyway.
The Ch airman: Thank you. Are there any other Members that would like to speak to clauses 36 through 66? The Chair recognises the Member from constituency 17.
Mr. Walton BrownRight. But it does not take into account any of the unexpected costs that could arise. All I am asking is if you would consider allowing for the RA, with all its technical expertise, to be free of these constraints to properly assess what the feed- in tariff could be …
Right. But it does not take into account any of the unexpected costs that could arise. All I am asking is if you would consider allowing for the RA, with all its technical expertise, to be free of these constraints to properly assess what the feed- in tariff could be because this is will have a determining impact on the nature and extent of competition.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: I guess there are two sides to this. Okay? This is a feed- in tariff, so what we are talking about is a tariff that is paid to a Bulk Licen-see. Okay? We want to make …
Thank you, Member. The Chair recognises the Minister. Dr. the Hon. E. Grant Gibbons: I guess there are two sides to this. Okay? This is a feed- in tariff, so what we are talking about is a tariff that is paid to a Bulk Licen-see. Okay? We want to make sure that . . . and that could be say an LNG power plant, a combined heat and power plant, or it could be a solar utility of some sort. Okay? So on the one hand we want to make sure that the Regulatory Authority is providing a sufficient feed- in tariff to make that Bulk Licensee able to cover their costs and get a rate of return, but on the other hand you do not want it so high that it basically puts additional costs into the supply of electricity in a way that consumers, businesses and others will have to pick up down the road. So, there is sort of a balancing act here and I think . . . so on the one hand you are looking to make sure that the cost is reasonable and provides a rate of return, but on the other hand is not so high that it also essentially detracts or increases the cost to the end user. So that is the balancing act here. So I think this gives a fair amount of latitude.
The ChairmanChairmanThank you. Are there any other Members that would like— Dr. the Hon. E. Grant Gibbon s: I am sorry, let me make another point.
The ChairmanChairmanPlease, yes. Dr. the Hon. E. Grant Gibbons: I am perhaps a little off-base. I am getting tired. What we are really talking about is feed- in tariffs or small scale. Okay? So, you are talking about householders, things of that sort. You are not talking about bulk generation, larger …
Please, yes.
Dr. the Hon. E. Grant Gibbons: I am perhaps a little off-base. I am getting tired. What we are really talking about is feed- in tariffs or small scale. Okay? So, you are talking about householders, things of that sort. You are not talking about bulk generation, larger scale utility kinds of things here. So, it was my mistake. I simply followed on from you. So feed- in tariffs refer specifically to small scale, and I think the other issue is we do not want to get into a situation where we have got a lot of small scale producers out there that are getting a fairly fat fee out of this and we get into Spain’s or Germ any’s problems where you had a lot of very high feed- in tariff rates which now come back to haunt them as prices have come down and they are locked in. So I think that is part of what we are talking about here. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 36 t hrough 66? There are no other Members. Minister? Dr. the Hon. E. Grant Gibbons: Yes, thank you, Madam Chairman. 600 12 February 2016 Official Hansard Report Bermuda House of Assembly I move that clauses …
The ChairmanChairmanIt has been moved that clauses 36 through 66 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 36 through 66 passed.]
The ChairmanChairmanMinister, please proceed. Dr. the Hon. E. Grant Gibbons: The next one is clause 67 and I am just going to move the one cl ause.
The ChairmanChairmanPlease. AMENDMENT TO CLAUSE 67 Dr. the Hon. E. Grant Gibbons: I move clause 67 which amends the Regulatory Authority Act to i ncrease the number of Commissioners from three to five. The reason for that is because we are now doing both telecom and electricity, so we need a …
Please.
AMENDMENT TO CLAUSE 67
Dr. the Hon. E. Grant Gibbons: I move clause 67 which amends the Regulatory Authority Act to i ncrease the number of Commissioners from three to five. The reason for that is because we are now doing both telecom and electricity, so we need a few more Commissioners to be able to manage the load. The clause also allows the Selection Committee to appoint a Commissioner to a term of less than three years and to appoint a former Commissioner for a period of not more than three months during the time that the r ecruitment process is under way to fill a vacancy. I am actually talking about the amendment here as well.
The ChairmanChairmanYes. Dr. the Hon. E. Grant Gibbons: This clause also adds electricity to the Schedule of the Regulatory A uthority Act, which authorises the Authority to regulate that industry. So the amendment is as follows: “Clause 67 is amended in paragraph (a) by deleting subparagraph (ii) and substituting the follo …
Yes. Dr. the Hon. E. Grant Gibbons: This clause also adds electricity to the Schedule of the Regulatory A uthority Act, which authorises the Authority to regulate that industry. So the amendment is as follows: “Clause 67 is amended in paragraph (a) by deleting subparagraph (ii) and substituting the follo wing subparagraph” —and the subparagraph which now becomes Roman numeral (ii) —“(ii) in subsection (3)(b), by deleting the words ‘three years’ and subst ituting the words ‘not less than one year and not ex-ceeding three years.’” The reason for that is because we have got Commissioners coming in at different times we want some flexibility so that we can phase them, stagger their appointments. And it also allows for, perhaps, a little more flexibility for the Selection Committee in appointing somebody who may not wish to serve for an entire three years, but maybe can do it for two. But it is really to allow staggering. And then “ by inserting after paragraph (a) the following paragraph —“(aa) in section 21 by inserting after subsection (9) the following subsection—‘(9A) Where there is a vacancy on the Board that is in the process of being, or is about to be, filled pursuant to subsection (1), the Selection Committee may, on its own initiative, appoint a person who has held office as a Commissioner to serve as a Commissioner for a period not exceeding three months from the date of the appointment or until a new Commissioner has been appointed, whichever is the earlier.’” This simply allows a little more flexibility in making sure that there is coverage in the event that somebody resigns, retires, or whatever, and we have difficulty getting somebody selected in time. And it allows somebody who has served as a Commissioner before to be able to serve for a period not exceeding three months. And then “in subsection (10)” —this is the Regulatory Act now —“by inserting after the words ‘subsection (9)’ the words ‘or (9A),’” which is that up to three- month provision.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to speak to the amendment to clause 67? So, Minister, if you would first seek to have the amendment approved. Dr. the Hon. E. Grant Gibbons: Sorry, yes, thanks. I would move that clause 67—sorry —that the amendment …
The ChairmanChairmanIt has been moved that the amendment to clause 67 be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Amendment to clause 67 passed.]
The ChairmanChairmanAre there any other Members that would like to speak to clause 67, with the amendment? No. If you would like to— Dr. th e Hon. E. Grant Gibbons: Thank you. I move that clause 67, as amended, be approved.
The ChairmanChairmanIt has been moved that clause 67, as amended, be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Bermuda House of Assembly [Motion carried: Clause 67 passed as amended.]
The ChairmanChairmanPlease proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 68 provides for the transfer of any rate review that is either before the Energy Commission or the Minister prior to the commenc ement of this Bill or any relevant portion to be transferred to the Regulat …
Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. Clause 68 provides for the transfer of any rate review that is either before the Energy Commission or the Minister prior to the commenc ement of this Bill or any relevant portion to be transferred to the Regulat ory Authority. Clause 69 binds the Crown. Clause 70 allows the Minister to determine the date of commencement of all or part of the Electricity Act by notice in the Gazette. And Madam Chairman, with your indulgence, I am going to look at the technical officers because there was some debate as to whether we needed to essentially amend by putting Schedule 1 in, because there is nothing in Schedule 1 right now.
The ChairmanChairmanThat is correct. Dr. the Hon. E. Grant Gibbons: Yes.
The ChairmanChairmanSo Member if you want to just do— [Crosstalk] Dr. the Hon. E. Grant Gibbons: Thanks, Madam Chairman. I have been told by the drafter that it is not necessary to put the heading “Schedule 1” in. The reason there is nothing in Schedule 1 right now is be-cause it …
So Member if you want to just do— [Crosstalk] Dr. the Hon. E. Grant Gibbons: Thanks, Madam Chairman. I have been told by the drafter that it is not necessary to put the heading “Schedule 1” in. The reason there is nothing in Schedule 1 right now is be-cause it is a little bit of a catch- 22. Licences and other provisions are going to be in there, but those are d etermined by the Regulatory Authority. Right now the Regulatory Authority does not have, until we pass this Bill completely, does not have the ability to be able to deal with electricity. So until that happens and that is brought into effect by the Bill there will be no licences set out in the Schedule.
The ChairmanChairmanAt that point then we can see— Dr. the Hon. E. Grant Gibbons: At that point we can . . . the draftsperson, the parliamentary draftsperson, says we can fill Schedule 1.
The ChairmanChairmanThank you. Dr. the Hon. E. Grant Gibbons: I am sorry. So what would you like me to do now?
The ChairmanChairmanYou are moving clauses 68 through 70. Dr. the Hon. E. Grant Gibbons: I move that clauses 68 through 70 be approved.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 68 through 70? There are no Members that would like to speak to clauses 68 through 70. Please proceed. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman. I think I move the Preamble at …
The ChairmanChairmanIt has been moved that clauses 68 through 70 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 68 through 70 passed.] Dr. the Hon. E. Grant Gibbons: Now I get to move the Preamble?
The ChairmanChairmanYes. Dr. the Hon. E. Grant Gi bbons: Madam Chairman, thank you. I move the Preamble.
The ChairmanChairmanIt has been that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] Dr. the Hon. E. Grant Gibbons: I move that the Bill be reported to the House.
The ChairmanChairmanAs amended. Dr. the Hon. E. Grant Gibbons: As amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [ Gavel] [Motion carried: The Electricity Act 2016 was consi dered by a Committee of the whole House and passed with amendments.] 602 12 February …
It has been moved that the Bill be reported to the House as amended. Are there any objections to that motion? No objections. Agreed to. [ Gavel]
[Motion carried: The Electricity Act 2016 was consi dered by a Committee of the whole House and passed with amendments.]
602 12 February 2016 Official Hansard Report
Bermuda House of Assembly [Pause]
House resumed at 6:54 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
ELECTRICITY ACT 2016 The Spe aker: Thank you, Honourable Members. We have had the Second Reading [and Committee stage] of the Electricity Act 2016 a pproved. We now move on to the second reading of the Medical Practitioners Amendment Act 2015 and that is in the name of the Minister of Health, Seniors and the Environment. Minister Atherden, you have the floor.
BILL
SECOND READING
MEDICAL PRACTITIONERS AMENDMENT ACT 2015
Hon. Jeanne J. Atherden: Mr. Speaker, I move that the Bill entitled the Medical Practitioners Amendment Act 201 5 be now read the second time.
The SpeakerThe SpeakerAny objections to that? Carry on, Minister. Hon. Jeanne J. Atherden: Mr. Speaker, I am pleased to stand before the House today for the second rea ding of the Medical Practitioners Amendment Bill —the Amendment —for the consideration of this Honourable House. Mr. Speaker, the Medical Practitioners Act 1950, hereinafter …
Any objections to that? Carry on, Minister.
Hon. Jeanne J. Atherden: Mr. Speaker, I am pleased to stand before the House today for the second rea ding of the Medical Practitioners Amendment Bill —the Amendment —for the consideration of this Honourable House. Mr. Speaker, the Medical Practitioners Act 1950, hereinafter [referred to as] “the Act,” regulates medical practitioners through establishing statutory bodies to regulate physicians, the council and its commi ttees; establishing a registration process; establishment of initial registration criteria and renewal of registration every two years being tied to continued professional development; establishing a code of con-duct to outline what is expected in professional co nduct; and establishing a complaints handling process to address practitioners who breach the code. The ultimate purpose of the Act is to protect the health and well -being of the public by ensuring access to quality care in the area of medical pract ice. However, as many in the health care community are aware, and as noted in the 2015 Throne Speech, the Medical Practitioners Act is outdated. It requires sub-stantial amendments to ensure it is relevant to the current practice of medicine in Bermuda and that it upholds best practices set both locally and interna-tionally. [Audible sneeze] Hon. Jeanne J. Atherden: Are you okay, Mr. Speaker? The Speaker: Yes, I am okay. Hon. Jeanne J. Atherden: Is it a health issue, Mr. Speaker?
[Laughter]
The SpeakerThe SpeakerYes, it is a huge health issue. Hon. Jeanne J. Atherden: Mr. Speaker, the Ministry, with physician community representatives, has ident ified several areas for improvement. The Medical Practitioners Amendment Bill 2015 takes four approaches, namely, to strengthen, to regularise, to harmonise and to provide equity through three key policy …
Yes, it is a huge health issue. Hon. Jeanne J. Atherden: Mr. Speaker, the Ministry, with physician community representatives, has ident ified several areas for improvement. The Medical Practitioners Amendment Bill 2015 takes four approaches, namely, to strengthen, to regularise, to harmonise and to provide equity through three key policy objectives being addressed. The three policy objectives are: 1. To strengthen the governance of a physician practice by the Council; 2. To improve the quality of physician practice by strengthening, regularising, harmonising and ensuring equity of the registration requir ements; 3. To strengthen the complaint handling proc edures to ensure patient safety.
Mr. Speaker, most of the amendments are standard provisions found in our other eight health care professions Acts. However, three of the amendments establish new provisions for Bermuda’s health care profession statutes, but these align with the i nternational regulations of health care professionals. Most of the amendments improve the functioning of the Council and a few affect practitioners. I will now go through each policy objective. The first policy objective, Mr. Speaker, is to strengthen the governance of physician practice by the Council. It has three key components and the in itiatives under these include: Firstly, Council governance is improved by i nserting new provisions or amending existing ones. Those of note include: • Adding a conflict of interest provision so that members must declare if they are personally acquainted with any business being attended. This is important in our small community to ensure that there is no bias in the decision making process • Changing the quorum from being less than 50 per cent to being more than 50 per cent of
Bermuda House of Assembly the members. This will ensure that the quorum is, in fact, representative of the Council. • Inserting a term of office provision where pr eviously there was none. Now a member may serve for two consecutive terms of three years and may only be reappointed after a break. This balances the need to change members with the need to ensure continuity of knowledge. • Adding procedures for replacing members where a member’s service is ended early for various reasons.
Second, Council now has the duty to establish a code of conduct. The code can be used for deter-mining whether a practitioner has breached conduct which constitutes grounds for disciplinary action. In addition, the code of conduct allows for the establis hment of ethical conduct standards of practice and scope of practice. Third, the Council is now being decorporatised to allow access to Chamber’s counsel. The reasons for being a body corporate, including for example owning property, are not relevant to the Council. However, access to Chamber’s counsel is important. In half of our eight Health Care Professionals Act, the statutory bodies are corporate bodies, and in half of the Act they are not. The Ministry intends to harmonise our health care professional statutory bodies and make them all non-corporate bodies. As a consequence of decorporat ising the Council, a provision that protects members from personal liability is being added. The second policy objective, Mr. Speaker, is to improve the quality of physician practice by strengthening, regularising, harmonising and ensuring equity in the registration requirements. Registration provides the legal right to practice. Currently, initial registration is tied to leading qualifications, conduct and experience requirements. And re- registration being every two years is tied to continuing to meet these requirements and meeting continued professional de-velopment requirements. This ensures physicians are maintaining and updating their knowledge and skills. The amendment improves a three- key co mponent, including [the following]: Firstly, the amendment inserts a requirement to be actively practicing. Minimum practice hours contribute to ensuring that physicians are maintaining and updating their knowledge and skills. This ensures best practice, which ultimately protects the public. Maintenance of practice is a best practice in other jurisdictions. In Bermuda, this requirement was applied to the Acts that regulate psychologists in 1997, that regulate nurses in 2008, and that regulate pharmacists in 2013. Mr. Speaker, please be advised that this r equirement to be actively practicing is, in fact, implicit in the Act under the existing power to suspend pract i-tioners who have not practiced in three years. The amendment thus brings the assumption of practicing from the background (i.e., being tied to suspension) and brings it to the foreground by tying it into registr ation, which is best practice. Second, Mr. Speaker, because registration confers the legal right to practice, the amendment will make it a requirement of registration that practitioners must have malpractice insurance, a.k.a. [also known as] professional indemnity insurance. This will ensure that only practitioners with such coverage can prac-tice. Medical indemnity insurance plays a vital role within the health system by working to protect both doctors and patients in the event of an adverse inc ident arising from medical care. While Bermuda’s health system is generally very safe, things occasionally go wrong. This amendment ensures patients will be able to seek redress in the event of a medical error or misconduct by a medical practitioner. While this amendment is a new provi-sion for our health care profession’s Act, in reality, it regularises the status quo in that it has been required of physicians for several years, since 2007. It is also a standard requirement in other j urisdictions, including the United Kingdom, where it is required for most types of registered health profes-sions and was given statutory footing for physicians effective August 1 st, 2015. Third, the amendment removes disparities in registration requirements arising from place of e mployment. Currently, registration fees and the registr ation exam requirement vary dependent on the pract itioner’s place of employment. That is, fees are waived for persons employed at the hospital and in gover nment, and the exam is waived for persons employed in government. That fees requirements are waived by place of employment is unfair. Moreover, the exam waiver implies a lower standard is acceptable for gov-ernment practice. Mr. Speaker, I wish to assure the public that the standard in the public clinics is no different to that in the private sector. The removal of the fee and the exam waiver by place of employment provides equity of registration requirements and formerly established a single standard across Bermuda. The third policy objective, Mr. Speaker, is to strengthen the complaints handling procedures. This has several initiatives. Those of note pertaining to general aspects include: 1. The duty to establish a code of conduct as mentioned above, which may include ethical conduct, standards of practice and scope of practice, and it allows the standards expected of registered practitioners to be established. And it provides grounds when persons do not meet the code for disciplinary action. 2. The definition of “misconduct” is being amended to include not discharging a duty or requirement of a medical practitioner pr e604 12 February 2016 Official Hansard Report
Bermuda House of Assembly scribed under any other statute. The amendment allows such breaches to be addressed in the complaints handling process and allows the Council to require practitioners to meet the duty or to be sanctioned. For example, phys icians are required to report communicable diseases under the Public Health Act 1949. Most practitioners meet these requirements, but in some cases ensuring compliance is problematic . The amendment will ensure compliance with the law. 3. The amendment removes disparities arising from place of employment in the mandatory reporting of impaired practitioners. Currently, the Act requires mandatory reporting of pract itioners impaired by drugs or alcohol. Howe ver, for persons employed at the hospital, the matter is only referred to the hospital chief of staff, whereas for persons employed an ywhere else, the matter is referred to the coun-try’s chief medical officer. And this latter pr ocess is li kely to impact the practitioner’s regi stration status. This difference in disciplinary outcome is inequitable. The amendment aligns the reporting pr ocess by requiring that the hospital chief of staff must inform the chief medical officer and, in all cases, regardless of complaint origin by place of employment, the chief medical officer will inform the conduct com-mittee. Thus, the amendment, by removing the disparities by place of employment, provides equity and strengthens the handling of misconduct. Mr. Speaker, amendments of note pertaining to the investigation aspect include the following: The amendment will ensure a just and fair process for handling complaints in the investigation, inquiry and appeal phases. In 2005, the Supreme Court ruling, Fay v. the Dental Board, 2005 , number 100, found constitutional concerns regarding disciplinary and a ppeals processes in the Dental Practitioner’s Act that also applied to other health care professions legislation. Mr. Speaker, the Act was identified as a piece of legislation that also required these changes. Speci fically, a clear separation of adjudication from invest igation was deemed necessary. In 2006, the Act was amended to establish a separate body, a conduct committee, to undertake investigations separate from the Council which adjudicates. Unfortunately, the membership of that committee was constituted from members of the Council, and thus the separation of investigation and adjudication was not technically achieved. This amendment will ensure that members on the adjudicating body, the Council, cannot be on the investigation body, the committee. Furthermore, unique to the Medical Practitioners Act, the chief med-ical officer, ex officio to the Council, undertakes a pr eliminary investigation. This confers the power to stop a complaint being forwarded to the committee for investigation on the grounds that it is vexatious, frivolous, or rising from misunderstanding. Mr. Speaker, this is not a good process for one person to make decisions regarding the outcome of com plaints. Furthermore, it is a waste of resources to have two entities investigate matters. Accordingly, the chief medical officer has been removed from the investigation process and all complaints will go to the committee to investigate. Nonetheless, the chief med-ical officer, as ex officio to the Council, will continue to assist the committee in the administrative aspects of complaints handling. In addition, Mr. Speaker, the Supreme Court ruling stipulated that all appeals should be directed to the Supreme Court and not the Executive. The amendment changes appeals concerning registration. These will now be to the Supreme Court instead of the Cabinet. Furthermore, the time allowed to appeal has been increased from seven days to twenty -eight. This is considered fairer, and it aligns with the outline in the Interpretations Act. Mr. Speaker, the amendment is a new prov ision that allows the complaints handling process to proceed through the investigation and adjudication even if withdrawn, but only where there is just cause. This effectively means that the Council, like the public prosecutor in criminal proceedings, represents the public interest and not the complainant, per se. This provision established a new provision in our health care profession legislation, and it aligns with international regulations of health care professions —for example, in the United Kingdom. Other small, but im-portant, amendments include those that would i mprove the procedures of the committee. This includes establishing a quorum and inserting a conflict of interest provision. Mr. Speaker, the amendment to note pertai ning to the adjudication aspects which strengthen the inquiry procedures includes the following: Currently, the effectiveness of the Council to address complaints has been challenged by the inability to get access to relevant documents and witnesses. The amendment gives the inquiry by the Council the new powers to require information, documentation from any person and the power to summon any person if it appears they have information relevant to the case. The amendment gives the Council inquiry the power to impose an immediate suspension of practice on a practitioner if there is significant and demonstr able risk to the public. That is, they need not wait until the investigation and adjudication process is completed. This is a significant power that will ensure patient safety where needed. This power establishes a new provision among our Health Care Profession Act. But it is common in other jurisdictions (e.g., the United Kingdom ). The amendment inserts the power to establish more procedures to be followed on an investigation
Bermuda House of Assembly and on an inquiry by inserting the power to prescribe regulations concerning these. This will allow procee dings to be updated on a timely basis should the need arise. In conclusion, Mr. Speaker, this is a significant amendment before the House today. Within it are the necessary changes to improve, strengthen and regularise, and provide equity in three policy areas: the government of the physician sector by the Council; the registration standards for all physicians; and the com-plaints handling procedures. All of these amendments serve to improve health care standards and to protect patient safety. I would like to thank all the stakeholders i nvolved in the devel opment of this amendment, esp ecially the local physician community, through their council and association; the United Kingdom Law Commission; and the United Kingdom Health Profes-sion Councils; and the Cayman Island’s Health Care Profession’s Register. I look forward to our continued work with the physician community to improve our health care professional legislation for the benefit of Bermuda. Mr. Speaker, I look forward to the support of all my honourable colleagues as we debate this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Would any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 16, the Shadow Minister of Health, Community and Sports. MP Michael Weeks, you have the floor.
Mr. Michael A. WeeksThank you, Mr. Speaker. Mr. Speaker, for the first glance when I got these amendments, I thought it would have been straightforward. But after giving it a keen eye, I do have some questions, Mr. Speaker. I looked at it and wondered, what is the purpose of these amendments? Because …
Thank you, Mr. Speaker. Mr. Speaker, for the first glance when I got these amendments, I thought it would have been straightforward. But after giving it a keen eye, I do have some questions, Mr. Speaker. I looked at it and wondered, what is the purpose of these amendments? Because it seems to be just chopping and changing. I heard the Minister talking about her trying to make it a little more streamlined. But I kind of feel that the Council, all being appointed by the Minister, makes it political. So I wonder if this Council or the Minister has taken time to consult with the Bermuda Medical Doctors’ Association. Those are the ones who are on the frontline. And when the decisions are made, that should definitely have been a sit -down and talking with them. Mr. Speaker, and having said that, I have to ask the question, ask the Honourable Minister, who speaks for them? Who speaks for that doctor who no longer practices or is a part -time doctor? Is he subject to all these different regulations now —i.e., malpractice insurance? Is he required to perform the 20 hours of professional development I see here? What [is the] penalty if someone like that does not do it? What penalty would they be under, especially if someone is a part of a medical practice, but is not practicing? Does that make them liable, or does that practice cover their malpractice insurance? So, Mr. Speaker, that is what I see, in a nutshell. And as we get in Committee and talk about spe-cific amendments, then obviously I will address the specific amendments — [Inaudible interjection]
Mr. Michael A. WeeksNo, I am sorry, Mr. Speaker. As we get into Committee, we will talk more of the different provisions.
The SpeakerThe SpeakerAll right, Honourable Member. Thank you. Would any other Honourable Member care to speak? The Chair will recognise the Honourable and Learned Member from constituency 34. MP Kim Wi lson, you have the floor.
Ms. Kim N. WilsonThank you, Mr. Speaker. Just an extension of some of the comments that were made by my honourable colleague. I think, first of all, we can appreciate that the general objective of this Bill —namely, to protect the health and wellbeing of the public —needs to be applauded. I note …
Thank you, Mr. Speaker. Just an extension of some of the comments that were made by my honourable colleague. I think, first of all, we can appreciate that the general objective of this Bill —namely, to protect the health and wellbeing of the public —needs to be applauded. I note that there are certain provisions that I think would pr ovide further protection of the public, as well as per-sons who may find themselves in front of the discipl inary proceedings, such as this appeal now to the S upreme Court, as opposed to Cabinet, so you can r emove that element of political -ness out of that appeal process. I think also it is important to note that we are seeing that the Council now has stronger provisions to avoid the conflict of interest potentialities, as the Min-ister said, given the small jurisdiction, and the term limits with respect to members of the Council. However, I have a couple of observations that I would like to just discuss briefly, and I think I am comparing this piece of legislation and the provisions that are in it with the governing legislation that my pr ofessional body, which is the Barristers’ Code of [Pr ofessional] Conduct, the Bar Association Act, and the like. So I can see that there are some similarities, but I also note some differences, and I am just wondering if perhaps the Minister can elaborate a little bit on that for me. I think, first and foremost, as the Member who just took his seat, I did not once hear the Honourable Minister indicate the degree of consultation that took place between the Ministry and the Bermuda Medical Doctors’ Association. In fact, I understand that there was very limited consultation at all, unless, of course, save and except one meeting in which the Bermuda Medical Doctors’ Association were invited to attend late last year, in which the policy analysts from the 606 12 February 2016 Official Hansard Report
Bermuda House of Assembly Minister presented what was being proposed as the Bill. Now, if that is consultation, then I will have to accept that. But I suspect that the Bermuda Medical Doctors’ Association would not consider that as con-sultation. And I can assure you that if this was the Bermuda Bar Association, we would not be standing here having this conversation, because they would not be prepared to allow legislation concerning regul ations and governing their body on no- consultation. But I do not want to speak for the doctors insofar as with this Bill, of course. And I think it concerns me as well because, notwithstanding the fact that if lawyers are held liable for professional misconduct or negligence, then of course, the ramifications are severe. But likewise, if a doctor is held —no disrespect to doctors, but if there are any issues concerning professional misconduct and negligence of doctors, then obviously the ramif ications can be far more severe than that of a lawyer. So the first question that I would ask the Mi nister if she could please provide us with some info rmation concerning the degree of consultation, if any, that took place with respect to this Bill. Secondly, Mr. Speaker, it seems that the r equirements concerning registration seem somewhat onerous in that, in particular, the requirement concer ning the continuing legal (I am saying continuing legal education; again, I am comparing it with the Bar Council’s Act; excuse me) —continuing professional development requirement and the malpractice insurance requirement. Now, for example, when we are talking about doctors who are no longer in practice, I am just wondering whether or not that is somewhat of an onerous obligation for doctors to be required to take part in continuing professional development as well as malpractice [insurance]. Let me cross over to the Bar Act. Under the Bermuda Bar Act, you would have lawyers who need to, of course, make applic ation for a practicing certificate. The fee for lawyers for their practicing certificate is a lot higher than the doc-tors’. But I am digressing. When you compar e that with lawyers, you may have lawyers who are consultants in firms or in non-government agencies or charitable agencies. And they are providing more of an advisory role as [o pposed] to active practice face to face. And those such lawyers are not required to have any type of professional development, continuing education. For us, for lawyers, it is 12 hours per year, as well as liability i nsurance. Why? Because they are not active. They are not [having] face- to-face contact with clientele. Now, I do know that the Minister did refer to, in her brief, that there was a distinction for active. And I just hope she can perhaps show me where that was, because I have not been able to locate that in the Medical Practitioners Act insofar as defining active. I thought I heard the Minister say that it was implied, but I would be grateful if she could point me to the direction as to what is meant by an active physician who would be required to participate in this re-registration requirement such as the provision of malpractice [insurance], as well as to undertake the co ntinuing professional development courses. The other thing I found interesting, Mr. Speaker, is with respect to the provisions of the code of conduct. And I see that this legislation is providing that there shall be a code of conduct established, and it will be the duty of the Council to prepare this. And it will address issues such as ethical standards and the like. However, I wonder how that differs from the Ber-muda Medical Council’s 2013 Standards of Pr actice for Medical Practitioners that also addresses things like ethics and standards of practice, patient care and the like. So are we looking at two different documents that effectively will have the same provisions? Or if they conflict, which takes precedent, the code of con-duct pursuant to this legislation, or the Bermuda Me dical Council Standards of Practice 2013 for medical practitioners? There seems to be some overreaching insofar as what is being proposed in the legislation for the code of conduct with that which already exists. Now, some people might draw the conclusion, is this piece of legislation an attempt to close some gaps over legislation that the Minister has indicated that the 1951 Act requires some substantial amend-ments because it is outdated? However, it would ap-pear to me that there could be very well conflicts when you have got a code of conduct that is going to be produced pursuant to this legislation to address ethics and standards of policy, but we already have a Bermuda Medical Council document of 2013 entitled Standards of Practice that also addresses ethics and standards of practice. The other thing, Mr. Speaker, I would like to just draw a reference to is, with respect to this code, what happens in circumstances where you have a policy that the code is attempting to address where the standard of practice in the United States, for ex-ample, is different than the standard of practice in E urope and the EU, in England? For example, mammography —if there are any issues concerning standard s of practice for different types of medical treatment, and the US is at odds with the UK and Europe, what happens then? How will that be resolved under a code of practice insofar as, what will be adopted for Berm uda’s standards? Mr. Speaker, also, with respect to, again, the code of conduct, it is talking about the Council’s ability to hear and find matters. This is an issue I have, and I am just speaking generally, because I know we will get into Committee. But under the code of conduct, it speaks to the point that the counsellor has an ability to hear and find members guilty of conduct, conduct that is not prohibited in the code. So you have a code of conduct that speaks to x, y and z, but yet you have a Council that has the power to find somebody guilty of conduct that is not prohibited by code. So that brings to mind all kinds of breaches of natural justice and
Bermuda House of Assembly everything else insofar as how that process could work. So I certainly would invite the Minister to e nlighten us as to how we can have a provision where a person can be found guilty of a behaviour that is not even prohibited by the code. And speaking of that code of conduct, it also provides that the . . . the (Goodness.) There is a pr ovision in here that talks about investigating complaints and that the . . . Oh, the professional conduct commi ttee has the power to investigate complaints that oc-curred outside of Bermuda. I have a question with that insofar as, how can they have . . . There must be i ssues of jurisdiction and enforcement when you are speaking about a Bermuda body of professional conduct having the ability to investigate a complaint that took place outside of Bermuda. Clearly, that is going to be problematic insofar as practicalities as it relates to jurisdiction and enforcement. And I think that may be the end. If you would just oblige me for one second. Oh, and again, turning to this whole issue concerning the continuing legal [sic] education, and again I am going to just draw reference to what the Bar Council Act says. And when you lo ok at the continuing education, when you look at this legislation when they speak about the continuing professional education . . . Just give me one moment, Mr. Speaker, please, with your indulgence.
The SpeakerThe SpeakerTake your time. Take your time.
Ms. Kim N. WilsonThank you, Mr. Speaker. It is speaking about continuing medical educ ation that needs to take place that is applicable to him. What is applicable to him? So, because I am a paed iatrician, and my [medical] practice is delivering babies and helping babies be healthy, et cetera, et cetera, …
Thank you, Mr. Speaker. It is speaking about continuing medical educ ation that needs to take place that is applicable to him. What is applicable to him? So, because I am a paed iatrician, and my [medical] practice is delivering babies and helping babies be healthy, et cetera, et cetera, but somebody over here is a doctor who does heart surgery or whatever, then . . . There is no definition of what is “applicable.” It is vague. They are saying, You must take courses that are applicable to you. And I suspect that that is a little bit vague. I think that perhaps if the Minister can ex-plain to us, please, what does that mean? What is applicable to him mean? Also, what are the hours? I have scoured through this Bill, as well as the 1951 Act, and I do not see how many continuing medical education pr ogramme hours are also required pursuant to this legi slation. If the Minister spoke to it, I apologise; perhaps I missed that. But I do not see it in the legislation as well. I think that might be it. Again, I commend the provisions with respect to eliminating the Cabinet for the appeals process and having it go straight to the Supreme Court. And I think, all in all, Mr. Speaker, those are my comments. And I appreciate your indu lgence. Thank you.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Would any other Honourable Member care to speak? So, the Chair will recognise the Honourable and Learned Member from constituency 36. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I am grateful for this opportunity to pass upon these proposed amendments that …
All right. Thank you, Honourable Member. Would any other Honourable Member care to speak? So, the Chair will recognise the Honourable and Learned Member from constituency 36.
Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I am grateful for this opportunity to pass upon these proposed amendments that will regulate the professional practice of medicine, one of the more important professional bodies, linked to the whole question of health care in Bermuda. You know, I heard the Honourable Mem ber, my colleague, Ms. Wilson, cite the addition, Minister, of the definition of “complaints” extending to complaints against the practitioner here in this Island, related to a complaint that took place outside of Bermuda. And I declare an i nterest. I have been involved in a civil suit. And by the way, the Bermuda Hospitals Board has been involved recently into a number of high- profile civil suits, where damages have been awarded against the hospital. And I pray that this legislation is not a reaction, to vu lcanise and plug holes in the litigation and the issues raised by the Supreme Court of this country that were made against the Bermuda Hospitals Board. But it would be poor legislation that proceeded on that b asis, or that had its creative basis on that basis. So I was making the point that to extend the capacity and power of a disciplinary committee or an investigative committee to look at what were hitherto non-relevant bases of complaints against practitioners in this country strikes me as not only . . . Well, it strikes me as certainly plugging one of the gaps that arose in litigation with which I was concerned. But it also reflects this targeting concept. And, Mr. Speaker, we all will remember —we all will r emember the Ombudsman’s report entitled The Tale of Two Hospitals, which characterised King Edward’s as an environment in which white medical practitioners — white medical practitioners regard that hospital as a veritable commercial, mercantile opportunity for them to get very wealthy. They targeted a court (and I am summarising the Ombudsman Arlene Brock’s report). They targeted any medical professionals, particularly black medical professionals, who came into that sy stem and threatened that enterprise. These were horrendous allegations in this report that described these two hospitals, the black side and the white side. The question for this House and for all persons connected with the Bermuda Hospitals Board and the better practice of medicine and health care and advocacy is, What has been done to address those very concerning findings about how life operates at that hospital? The introduction of a ministerial appointed investigative committee, and the taking away of the chief medical officer, a technocrat and the independ-ence linked to, for example, a Dr. Cann, now that Dr. 608 12 February 2016 Official Hansard Report
Bermuda House of Assembly Cann is retired, the chief medical officer of the day, a technocrat, no axes to grind, simply to view as a fai lsafe mechanism, the complaints in this risk -laden e nvironment called practice of medicine. To weed out frivolous complaints and vexatious complaints and complaints about medical negligence, or not, is so important. And I have watched committees of pract itioners carved out from the college of practitioners at that hospital. I have watched the way they have oper-ated. I have read Supreme Court decisions that found that the fairness of these committees’ deliberations was less than satisfactory. So, you know, historically in this country, and we have been talking about it for many years, Mr. Speaker, what Bermudians want is the opportunity to pursue good careers in this country. And historically, for years, the black Bermudian who pursued medi-cine, the law, did so because they regarded this as a career of status, a career of advocacy for health care of the citizenry of this country. But to introduce barr iers for people to hop through, to introduce targets —I mean, this is a clear target to introduce educational qualifications (I beg your pardon), term of service, term of practice restrictions on doctors; this will create a barrier to, either . . . probably senior doctors. When I was the Minister of Health, one of the things that shone through was that this hospital, the only acute care provider of care in our country, was, comparatively, for a population of this size, doing an excellent job at providing acute delivery of care. And we recognised, we were completely realistic in reco gnising that when it came to specialist requirements of patients, neuro issues, major health/cancer issues, we would default to Boston, and all of our partners. B ecause we recognised that in the country of 60,000, we were going to produce fewer specialists with tremendous skills than a country the size of the United States of America. This lame justification that we have skill sets linked to periods of service, Mr. Speaker, recent per iods of service is not relevant. GPs, OB/GYNs, [and] surgeons do a good job and have historically done a good job in the country. And we default and defer when the medical situation demands it to overseas. So, it begs the question, it clearly begs the question, What is the need for that particular provision? It screams out —it screams out as a barrier to certain practitioners. And I mentioned earlier in my opening remarks about the levels of litigation that this hospital has been facing of late. If this hospital is populated by practitioners who seek to get wealthy, and they defer from the delivery of high- quality delivery of medical care, this is an area of dreams. This is an area for necessary reform, but not this type of barrier creation, this type of vulcanisation that is going on, and creating higher barriers for medical practitioners in this country. I would have preferred to have seen us dealing with the concerns raised, because they are linked, raised in the Ombudsman’s report, because they are linked to the delivery of high- quality medical care for our populace. And I declare the interest again of my involvement in that litigation with Dr. Christopher Johnson v. Bermuda Hospitals Board. And, Mr. Speaker, one of the issues there was the compliance with the by -laws, by -laws which the committee that I was appearing before found were wanting, woefully wanting. And now we have an amendment, it slips into the requirement for what is the definition of “misconduct” —noncompliance with statutory orders, which are only by -laws. “Conduct” has a good definition and a clear definition. If you mess up and breach a by -law, for example, what has that got to do with your conduct as a practitioner? A failure of a licensed professional to meet expected standards of practice ; that is one definition of it. Behaviour outside of the bounds of what is considered accepted or worthy of its member-ship by the governing body of its profession; that is conduct. You do have a justifiable reason for inquiry, before you are re- registered, if you have engaged in misconduct. But if you have breached a by -law, that is administrative. That is administrative law. I absolutely find it confounding that this definition of misconduct is expanded to any other statutory provision, the by -laws. But it was one of the primary issues in the Johnson case —one of the primary i ssues. And the court castigated the Bermuda Hospitals Board to apply and told it to apply its by -laws fairly. Because it was clear in this case, with wh ich I was concerned, that they had failed utterly to do so.
Hon. Jeanne J. Atherden: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Hon. Jeanne J. Atherden: I believe that we are debating the Medical Practitioners 2015 Amend ment. And at the time, I did not stand up, but I believe that the speaker is misleading the House that this Bill has anything to do with the particular …
Yes.
POINT OF ORDER [Misleading] Hon. Jeanne J. Atherden: I believe that we are debating the Medical Practitioners 2015 Amend ment. And at the time, I did not stand up, but I believe that the speaker is misleading the House that this Bill has anything to do with the particular case that he said he has an interest in. And I believe that we should be talking about the general concerns about practice and conduct that we are dealing with concerning all the medical practitioners rather than one individual. B ecause this is what it is about, Mr. Speaker.
The SpeakerThe SpeakerFine. Thank you. Thank you, Honour able Member. Hon. Michael J. Scott: That is a . . . Sorry, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member — Bermuda House of Assembly Hon. Michael J. Scott: Mr. Speaker, my speech goes far beyond the Johnson case. I am hauling it into and integrating it into the observations about this Bill. The Ombudsman’s report is relevant, the conditions of practice and the treatment of medical …
Yes, Honourable Member —
Bermuda House of Assembly Hon. Michael J. Scott: Mr. Speaker, my speech goes far beyond the Johnson case. I am hauling it into and integrating it into the observations about this Bill. The Ombudsman’s report is relevant, the conditions of practice and the treatment of medical practitioners so that I and all Members of this House are reasonably assured that when they enter that place, they are not exposed to unfairness, bad treatment. And I cannot be silenced from speaking about a case which evidently addressed or spoke to these concerns and issues. It evidently did. But I indicated that the chief medical officer was the fail -safe. And to have this new committee appointed by the Minister politicises . . . it creates the risk of politicising. And I am talking about the internal politics of the Bermuda Hospitals Board. And that i nstitution has a lot of work and homework to do. But it politicises that important judicial function. When you are looking at a person who has spent many, many long hours qualifying to become a medical practitio ner, spent lots of money to become a medical pract itioner, and you have this barrier that is introduced at the clause that says you have to have a certain amount of hours, suddenly in the twenty -first century, this has been introduced and it is disproportionately and will, I predict, disproportionately affect black prac-titioners in this country. It will also stop young black boys and girls with an aspiration towards going into the medical pr ofession and thinking about choosing it as a profession. If we continue to make this ad hoc restrictive legisl ation connected with the regulation of medical pract itioners in this country, Lord knows we should really take a serious look at the delivery of health care not being so heavily mercantilist and commercialised and focus on the delivery of medicine in this country being connected with patient advocacy and patient care. This is where we should be going. And it is embar-rassing that a Bill in the twenty -first century comes with such puerile and obvious efforts at creating barr iers to entry. And so, Mr. Speaker, we have these concerns about an institution that has the propensity to try and plug up holes that have been identified in recent l egislation against it. We have, on any casual reading of the language that has been introduced here, an effort to describe raising standards masquerading as . . . the masquerade of improving standards with the real and obvious objective, which is to create barriers of entry into this profession. It cannot be good for the country. The medical profession should remain a career of choice for our young people. And we have got to do a lot more to ensure that we do not introduce this culture of, It’s a money -maki ng exercise. Because that will lead to the emphasis being there and not on the delivery of high- quality high standards of medicine. And so, I find the Bill one that is wholly, wholly suspect for these reasons. It is described by the Min-ister as having three key components. And because of my experience as the former Health Minister, and my experience in these litigations, I find that the Bill goes directly at a vulcanised effort to plug up holes that oc-curred in legislation, that occurred in litigation, an d it does nothing to speak to the Ombudsman’s report. When will that happen? When will we see that? We have just spent over $200 million on a facility. What we need are these kinds of quality standards introduced, and not efforts to ensure that the existi ng guard and the existing culture of this being a commercial and mercantile enterprise are propped up. That is not what we need. Down the road, it will pay awful, awful dividends. [We] will pay for it. We will. And we should all be concerned in this House that, having spent over $200 million on steel and co ncrete, that we improve the college of surgeons, the college of practitioners and the quality of care that they deliver in these beautiful premises. Otherwise, you know, diabetes, wound care, loss of limbs, all of these things need to be addressed. Cancer —all of these things need to be addressed, and they all came out in the case with which I was concerned. It does not make any sense that we end up in a hospital, acute care facility, where our chances of either survival or our limbs’ survival are not continuously upgraded and looked at so that the risk of these kinds of outcomes are diminished and reduced. We cannot be proud of an institution that goes into these kinds of levels of neglect. And so, those are my initial concerns. I heard the Minister trying to stop me from talking about the standards and the documented issues that go on in that place. And better we have a Bill that addresses that, not one that seems, Mr. Speaker —that seems to protect, protect these bad practices. We need to be dealing with these things in a much better way in the twenty -first century.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member care to speak? Then I will revert back to you, Minister. Mini ster, you have the floor. Hon. Jeanne J. Atherden: Mr. Speaker, I am going to try and address all of the concerns that were raised, because I truly do …
Thank you, Honourable Member. Would any other Honourable Member care to speak? Then I will revert back to you, Minister. Mini ster, you have the floor. Hon. Jeanne J. Atherden: Mr. Speaker, I am going to try and address all of the concerns that were raised, because I truly do believe that, for the most part, there was a concern about why we were doing this. But I do think that many of the Members have talked about their individual professions, and they have made ref-erence to their professions and what happened. And I will say to you that I have a profession, too. I am a chartered accountant. And we have professional codes of conduct, and we have mandatory reporting hours. We have reporting issues that you have to turn, and you have to report every year. And the reason you do this is because things change. And the public wants you to be abreast of what is going on b ecause the public expects you to 610 12 February 2016 Official Hansard Report
Bermuda House of Assembly have a level of competence. And the public is expec ting that your regulatory body is making sure that you maintain that professional skill and level and exper-tise. So it is not unheard of for professional bodies to require the numbers of continuing education hours. And it is not unheard of for them, at the time of regi stration, to make sure that you tell them how many hours you have. And it is also not unheard of for some of the bodies to say, Prove it to me. I am not prepared for you to tell me that you are doing it. I want you to show me the money. I want you to turn around and show me what courses you have attended. And som etimes, depending on the specialty that you are in, you might have to have more hours and different types of professi onal training because of a specialisation. So I do not think that we should read anything into a body saying— a professional body that is skilled and wants to make sure that our professionals here stay up to that standard. And if I were all of you around the room, we are on an island. We are expec ting the people here who render the service to us to be of the highest level. Do not tell me every time you look at everything else you do not want the best for all of us; you do. You want the best in everything that happens. This professional body is trying to make sure that the people who are professionals have a certain level and a certain competency and stay on top of the changes and requirements. The Honourable Member who went down and talked about things that happened, and you wanted to talk about provision of different illnesses and making sure that we pay attention to that —the only way you can do that is make sure that the people who are tak-ing care of our citizens stay on top of the changes, stay on top of the different types of care that can be there. And that is the way you do it, by having professional competencies and continuing professional d evelopment. All I can say to one of the Honourable Members, this Bill has nothing to do with any particular case . This Bill is talking about all the professionals. It is talking about, what can you do to make sure that the level of care in Bermuda is sufficiently high? So having said that, Mr. Speaker, I will go back, and I will indicate that there was consultation, and I did say at the end of my opening remarks, I did indicate that “I would like to thank all the stakeholders involved in the development of this amendment, especially the local physician community through their council and ass ociation.” And then I talked about the other individuals. So I did not want to not recognise the fact that we had input from these individuals, because it is all about making sure as we go forward that we have things that can work. So I will then go back, and I will try and deal, very quickly because, as I say, I try and write it down. And the idea of having malpractice insurance and that type of insurance is not unheard of. As you can ap-preciate, the public assumes —when they go to a doc-tor, the public assumes that the doctor has i nsurance, because, whether we like it or not, there can be un-foreseen events. And when those unforeseen events occur, the public is expecting that somehow there is going to be some degree of compensation that they were going to have, that you are not going to suddenly turn around and say, Oh, I’m sorry, and that is going to be the end of it. So you have to have that. With respect to avoiding conflict . . . And as I say, we talked about trying to make sure that people address conflicts of interest. And I must admit, what concerns me is that, although people turn around and they mention interest, I do not think we handle very well conflict of interest. Because we have a tendency to talk about things where we have a great degree of interest, and you are not able to separate your per-sonal involvement, such that it can sometimes colour the way you look at things. As far as I am concerned right now, anything that happened before with respect to the hospital, you know when I get up here, I do not talk about entiti es. Because the entity has the right and obligation to be able to defend themselves in the appropriate place. Today we are talking about . . . The only reason we would have any mention about BHB [Bermuda Hospi-tals Board] is because we said in this document we wanted to make sure that the physicians in BHB were held up to the same standards as the physicians out-side. And I would have thought that you would have thought that that was a good idea, that if there was some concern about their performance that it would not just be handled internally by the chief of staff, but it actually would be handled by reporting it to the chief medical officer and would make sure that it would go to the Council to make sure that anything that reflec ted on their performance would be looked at just the way it would be looked at for somebody outside. So I am sorry they did not get that message. But that was the way of making sure that the Council recognised that you were not going to do anything special for the BHB that you did not do for the others. You wanted to have equality. As it relates to talking about the code of conduct, I think we have a tendency to forget that . . . And I do not know why people do not always do this. Sometimes, we take Bills and we bring things from a previous Act, and people do not go back and look to say, It was in there before. This idea of talking about dealing with a case outside of Bermuda, it was in the 1950 Act. It is there. They have been able to do this all this time. And I do not want to alwa ys go back and say, It was there, because I would like to think that people will look at it and say that we are not trying to do anything bad. We are not trying to sweep som ething under the carpet. We are trying to look at these things with the best interest of the community. So with respect to the investigating complaint, as I say, it was already there. If you turn around and you start talking about courses, the idea of having the
Bermuda House of Assembly Council being able to talk about hours and then be able to regulate it, that allows them to be able to look at the professions to make sure. With respect to the . . . I did not stand up in terms of point of order when the Honourable Member, you know, misguidedly, in my opinion, said that the definition was a reaction to the BHB. That is the furthest thing from reality. Okay? This is designed to i mprove the standard of the physician community. It is designed to make the health care and the outcome for Bermudians improved, increased. So the practice of health, the practice of medicine, this is not something that we were talking away in terms of frivolous complaints or anything. It had nothing to do with looking at anything. The only time it had something to do with looking at anything that was a case, we mentioned it right in my brief, that there was a concern that one of the justices had indicated that there might have been a reason why we should not have to go to the exec utive. And now it is going to the Supreme Court. And there was also a concern with respect to the com-plaints pr ocess, that you did not want the same people who were on the Council looking at the complaint, because you run the risk of people feeling that there was no separation. So, in their interest, to try and make sure that they feel that there is a degree of fair-ness, this is why it occurred. I also want to go back and confirm the issue. I know we were talking about the chief medical officer. And the chief medical officer I hold in the highest r egard, and I am sure we all do. But you also, as I said, sometimes y ou have to be careful of, you are putting a lot of emphasis on one individual having to do this, and you run the risk of someone saying, Well, why did he or she not let it go? Was there some degree of f avouritism?, et cetera. So this takes that away from one individual and turns around and makes sure that it goes to a committee so that there should be a greater degree of fairness. Now, Mr. Speaker, I think that I have addressed all of the concerns, but . . . Oh, no, one more thing I have to say. The idea that putting in continuing education requirements is a barrier to practice, I am sorry, I just cannot understand that! All of these indi-viduals out here have been individuals who have gone through professional qualifications. They cannot get to Bermuda unless they are already a part of a professional body. So they have already demonstrated some degree of expertise. The idea of their turning around and having to continue that by having contin uing education, et cetera, how could that be a barrier? The only barrier [to them] is to make sure that they do not fall down on the job and lose their ability to provide the service that their clients want, that the patients want! So this, Mr. Speaker, is making sure that the Council has the opportunity to make sure that they stay up to the level. Persons have the opportunity to determine that they want to retire. And if they want to retire, they can decide that they are not going to be subject to the continuing education, and they then go into a different mode. But then if that is the case, like in a lot of other professions, the legal profession, the accounting pr ofession, you then indicate to your body that you want to not be active. And therefore, you indicate why you are not active, and they are able to monitor and ma ke sure you do not inadvertently start practicing more than you should and hold yourself out as an active individual when you do not have that level of exper-tise. So, Mr. Speaker, I think that I have answered all the questions. And I would like, Mr. Speaker, then to move the Bill to Committee.
The SpeakerThe SpeakerThank you. It has been moved that the Bill be committed. Are there any objections to that? Deputy Speaker. [Pause] House in Committee at 8:00 pm [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTE E ON BILL MEDICAL PRACTITIONERS AMENDMENT ACT 2016
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Medical Practitioners Amendment Act 201 [6]. I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Jeanne J. Atherden: Madam Chairman, I would like to move . . …
Members, we are now in Committee of the whole House for further consideration of the Bill entitled Medical Practitioners Amendment Act 201 [6]. I call on the Minister in charge to proceed. Minister, you have the floor.
Hon. Jeanne J. Atherden: Madam Chairman, I would like to move . . . I move the Bill be comm itted, but I would also like to amend the citation to read the Medi-cal Practitioners Amendment Act 2016.
The ChairmanChairmanThank you. Are there any objections for the Bill to be titled with the citation the Medical Practitioners Amendment Act 2016? No objections to that motion. Agreed to. [Gavel] [Motion carried: Amendment to clause 1 passed.]
The ChairmanChairmanPlease proceed. Hon. Jeanne J. Atherden: Madam Chairman, this Bill seeks to amend the Medical Practitioners Act 1950 (“the principal Act”) to update registration, investig a612 12 February 2016 Official Hansard Report Bermuda House of Assembly tion, complaints and enquiry procedures; to provide a code of conduct for medical practitioners; …
Please proceed. Hon. Jeanne J. Atherden: Madam Chairman, this Bill seeks to amend the Medical Practitioners Act 1950 (“the principal Act”) to update registration, investig a612 12 February 2016 Official Hansard Report
Bermuda House of Assembly tion, complaints and enquiry procedures; to provide a code of conduct for medical practitioners; and to update the appeals process. Madam Chairman, because this is a large amendment I wish to move the clauses in groups by topic as follows: General provisions, clauses 1 through 7.
The ChairmanChairmanAre there any objections to moving clauses 1 through 7? No objections. Minister, please proceed. Hon. Jeanne J. Atherden: Clause 1 provides the title of the Bill. Clause 2 amends section 1 of the principal Act to remove the definitions for the previous two pr ofessional bodies and include a …
Are there any objections to moving clauses 1 through 7? No objections. Minister, please proceed.
Hon. Jeanne J. Atherden: Clause 1 provides the title of the Bill. Clause 2 amends section 1 of the principal Act to remove the definitions for the previous two pr ofessional bodies and include a definition for the new body. The definition of professional misconduct is also amended, i.e., the definition of “professional misconduct” is expanded to include failure to comply with the requirement of medical practitioners prescribed under any other statute. Clause 3 amends section 5 of the principal Act to remove the body corporate status of the Ber-muda Medical Council (“the Council”) and to update how members are appointed to the Council. With r egard to member appointment, whereas previously there was one member from two associations, now there are two members from the joined single associ ation. This is section 5(3)(c). Clause 4 inserts sections 5AA and 5AB into the principal Act to protect members of the Council from personal liability and establishes the preparation of a code of conduct for medical practitioners by the Council. That is the addition of protection for personal liability is required becau se this protection, being cocommitment with corporate status was lost when the corporate status was removed. And section 5AB i nserts a new duty of the Council to provide a code of conduct. The code may contain ethical conduct, standards of practice, and scope of practice. The code may be used to assess whether a person is guilty of misconduct. Clause 5 repeals section 5A of the principal Act. The provisions of section 5A are moved and rei nserted, with amendments, as section 12AA. That is, [section] 5A pertains to the establishment of the Pr ofessional Conduct Committee. This section is amended and reinserted as [section] 12AA where it flows better by keeping it with the complaints handling pr ovision. Clause 6 repeals section 5B of the principal Act. That is [section] 5B pertained to a preliminary investigation by the chief medical officer. This power is being removed. Instead only the Conduct Commi ttee will investigate complaints. Any powers vested to the chief medical officer and not the Committee are transf erred to the Committee. For example, the power to dismiss the complaint if it is vexatious or frivolous, to mediate if it is due to a misunderstanding, to forward to the Council if it is upheld. Clause 7 amends section 7 of the principal Act to provide that a person can appeal to the S upreme Court, not the Cabinet, against a decision by the Council regarding registration. Changes of note to section 7, Initial Registration Requirements are: i nserts malpractice insurance as a requirement of regi stration; [and] the proviso deleted removes the registr ation fee waiver for medical officers employed in go vernment.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 7? The Chair recognises the Shadow [Minister] from constituency 16. You have the floor.
Mr. Michael A. WeeksThank you, Madam Chai rman. Madam Chairman, as we get started and talk about some of the amendments, I heard the Minister speak before we came to Committee, and one of the questions I asked was, what was the level of consult ation that the Minister had with the Bermuda …
Thank you, Madam Chai rman. Madam Chairman, as we get started and talk about some of the amendments, I heard the Minister speak before we came to Committee, and one of the questions I asked was, what was the level of consult ation that the Minister had with the Bermuda Medical Doctors Association? That was one of my main ques-tions. I just think I will put that back out there for the Minister. And also, Minister, when I was trying to marry the amendments to the Act, I noticed with the repea ling of section 5(2), I could not find . . . I was not sure as to why this was done because when I read the amendment 5AA, it seemed to be implicit. The same meaning seemed to be implicit in that. So if there is general protection against personal liability for the members of the Council, and the Council itself is no longer a body corporate, who then . . . what kind of entity then is this Bermuda Medical Council? That is another question I have, Madam Chairman. And with respect to the proposed insertion of section 5AB(4), I ask what shall occur to the code of conduct as amended by the Council? With conflict with the standard that is otherwise supported by a r esponsible body of medical opinion. So what I am tr ying to say is, with the Council as it is, how has it been constructed, Madam Chairman, if there is a conflict, how does that get resolved? And with respect to the proposed repealing of section 5B, Madam Chairman, the suggestion as I picked up seemed to be made that the role of the chief medical officer, who is supposed to vet all complaints, that role shall be taken over by the Commi ttee. So the complaints will be heard by the Council rather than the Committee. So what I am trying to un-derstand is the Committee, (I have some notes here but it is kind of dark, Madam Chairman) the Commi tBermuda House of Assembly tee and the Council are effectively appointed by the Minister.
The ChairmanChairmanMember, just turn on your light. Right there.
Mr. Michael A. WeeksYes, but it is still dark. I nee d it up here. My eyes are not like they used to be, Ma dam Chairman. [Inaudible interjection]
Mr. Michael A. WeeksNot yet, Honourable Member. I am uncertain as to how the chief medical officer is appointed. Is he appointed by the Minister? And if so, how is that not seen to be inherent politicis-ing if the whole Council is appointed by the Minister? So, again, I go back to the …
Not yet, Honourable Member. I am uncertain as to how the chief medical officer is appointed. Is he appointed by the Minister? And if so, how is that not seen to be inherent politicis-ing if the whole Council is appointed by the Minister? So, again, I go back to the question: If that is the case, what level of consultation has been had with the Bermuda Medical Association? Thank you, Madam Chairman.
The ChairmanChairmanThank you, Member. The Chair now recognises the Member from constituency 5, the Honourable D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Madam Chairman. Madam Chairman, whilst everyone in here, I think, is in agreement with malpractice insurance, my concern is the cost of …
Thank you, Member. The Chair now recognises the Member from constituency 5, the Honourable D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Madam Chairman. Madam Chairman, whilst everyone in here, I think, is in agreement with malpractice insurance, my concern is the cost of it. Will this be passed on to the patient? Because in Bermuda we have the second highest cost of health care, second to the United States, or vice versa. Either we are the first or the second or the second or the first. And you know there was a case the other day against the hospital. Instead of paying my cousin a little $60,000, they took it to the Privy Council and it cost . . . it reportedly cost a half a million dollars. And, you k now, the taxpayer subsidi ses the hospital with over $100 million a year, spending our money just freely like that. So, I want to know, before this Bill was pr esented here, have any surveys been taken on the cost of malpractice insurance? Because I am sure if that insurance costs quite a bit, it will be passed on to Mrs. Smith and her children.
The ChairmanChairmanThank you, Member. I was not quite sure which clause that was — Hon. Derrick V. Burgess, Sr.: Seven.
The ChairmanChairmanOkay. Thank you. Minister? Hon. Jeanne J. Atherden: With respect the consult ation, there was a meeting with the Medical Doctors Association. As I thought I indicated earlier, there are obviously two members that are on the Board that already sit on the Medical Council now. But there was a …
Okay. Thank you. Minister? Hon. Jeanne J. Atherden: With respect the consult ation, there was a meeting with the Medical Doctors Association. As I thought I indicated earlier, there are obviously two members that are on the Board that already sit on the Medical Council now. But there was a meeting with the Medical Doctors Association and there was discussion of what was going to be put in the new regulations, the new Bill. And there continues to be consultation. As you can remember, the Medical Doctors Association is an amalgamation of two prev ious bodies that existed before. And so they have now amalgamated, they have members on the Board, and the consultation continues. And so with respect to the medical malpractice, I think I mentioned . . . and I am just going to find my little note, t he fact that having professional liability insurance has been something that has always . . . something that professionals have always had; ther efore, when you start to set up a practice, you have it. So this is not something new. All it does is to make sure that with respect to being on the Council then it makes sure that there is medical malpractice . . . and if I can just find my little note, I can tell you where it is put back into there. And this is talking about malpractice as it relates to being part of the Council, not necessarily talking about them having it as individuals. Okay? I also . . . I think, as I say, my Shadow asked me about individuals being involved and, as I say, there are two doctors that are on there. I know that there has been a question raised about why we would want to take it away from the chief medical officer. And as you can appreciate, the chief medical officer is someone who is appointed by the Minister. So the chief medical officer is part of the Minister’s depar tment heads, if you will. So on the one hand you are worrying that the Minister is appointing these individu-als and you are worrying about whether I can turn around and effectively —me or anybody else—can turn around and effectively control the result, when you then ended up having one individual who could then turn around and decide whether it was frivolous or vexatious, et cetera. So now what you have done is made sure that there is less opportunity if someone wanted to do something, i.e., the Minister, who the chief m edical officer is part of her department heads, but now you are turning around and saying you do not want it to be one individual. We want it to be able to go from the Council to the Committee. And that was why we turned around and said rather than having the Council looking at the complaints, et cetera, you now have another Committee which is made up of other people so that you can have some degree of separ ation. So these are all good things designed to turn around and make it more equitable, to make sure that in Bermuda you have a feeling that people are feeling that there is less concern about bias, et cetera. B ecause . . . you know, I want to say one thing because I realise half of all of this is perception. It does not matter whether there is real bias, et cetera. If people have the perception that maybe they are not getting a fair treatment, then it is . . . then you have a problem. So 614 12 February 2016 Official Hansard Report
Bermuda House of Assembly this is why all of this is here. You are separating it out so that you have the Council on the one hand and then you ha ve a Committee which is made up of di fferent people so that we can have this degree of fai rness. And I think I have answered the questions.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 7? The Chair recognises the Opposition Whip. You have the floor.
Ms. Lovitta F. FoggoThank you, Madam Chairman. The question that comes to mind for me is in the event that you do have a person that is under r eview of the Medical Council, under these new amendment s, they are deemed at that point in time as not being registered. And as …
Thank you, Madam Chairman. The question that comes to mind for me is in the event that you do have a person that is under r eview of the Medical Council, under these new amendment s, they are deemed at that point in time as not being registered. And as a consequence of not being registered, let us say that they are found guilty by the Medical Council and then they do go to S upreme Court to appeal and the courts find that the Medical Council erred. One, the Medical Council or any member therein cannot . . . is not liable for any fees (I guess you could say) or compensation to the doctor, for instance, who may have lost revenue due to the fact that they cannot practice during that time. They have had to pay out enormous court fees and I am sure that, you know, in the legal arena costs may apply, but that is only to a degree. So what compensation or what is being done from the other angle to ensure that that doctor or any other medical professional, whether it be a physical therapist or what have you because I think this is a comprehensive that takes in different —
[Inaudible interjection]
Ms. Lovitta F. FoggoNo, just the doctors? Okay. What is going to be put in place to ensure that that person who, I guess, is somewhat aggrieved, is now going to be adequately compensated for monies that they have lost because they have not been able to practice while before the Committee? So …
No, just the doctors? Okay. What is going to be put in place to ensure that that person who, I guess, is somewhat aggrieved, is now going to be adequately compensated for monies that they have lost because they have not been able to practice while before the Committee? So I just wonder what is being done from that angle because certainly we do not want to set up a situation where no matter which way things [proceed], the medical pract itioner is going to end up with the short end of the stick, so to speak, as well as possibly having their reputation damaged.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 7? The Chair recognises the Learned Member from constituency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. If I can make the point good about the loss of the singular chief medical officer …
Thank you. Are there any other Members that would like to speak to clauses 1 through 7? The Chair recognises the Learned Member from constituency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. If I can make the point good about the loss of the singular chief medical officer as the first fail -safe vettor of a complaint against a medical practitioner being the best of these worlds, versus the introduction now of a committee of peers of other doctors. And I want to recognise, too, that under the parent Act, of course, the old [section] 7B (which has been serving since 2004 when we introduced these amendments) made provision for . . . the rubric was that you satisfy the Council of all the requirements it expected of you including, obviously, that you were up to date as a medical practitioner. It was always there. But today we introduce one extra element, but I will come back to that. Back to the chief medical officer. Again, my experience shows to me that the levels of collegial jealousies that exist within this body of medical pract itioners is removed when you have only a technocratic civil servant [as] the chief medical officer. I heard testimony, Madam Chairman, of how one doctor who came to the defence of my client said that my client would never receive a fair hearing because as the Chair of one of the medical committees, he would be-fore a meeting started concerning the particular pract itioner, would have to be exposed through the most egregious prejudicial remarks from fellow colleagues, from peers. I mean, this is immediately why I find the removal of the CMO [chief medical officer] and the introduction of peer review . . . I mean, peer review has its place in a number of areas where it works well. But when it comes . . . well, the history of King Edward [Hospital] has shown these levels of jealousies. And so you introduce a major conflict of interest, the very thing that the Minister purports to remove when she says that the chief medical officer as the singular as-sessor of a complaint as a first go around of a co mplaint is inappropriate when really he or she is entirely appropriate. The chief medical officer is a doctor, they will be able to understand readily —
Hon. Jeanne J. Atherden: Point of order, Madam Chairman.
The ChairmanChairmanYes, have a seat. Your point of order is, Minister? POINT OF ORDER Hon. Jeanne J. Atherden: I thought that at the current time we are dealing with the Medical Council. The Medical Council has nothing to do with anything that operates within the Bermuda Hospitals Board in terms of …
The ChairmanChairmanThank you, Minister. Hon. Michael J. Scott: I told you that I was sitting to [section] 5A, the removal of the chief medical officer. Bermuda House of Assembly The Chairman: I was trying to figure . . . thank you. Hon. Michael J. Scott: I beg your pardon. That is …
Thank you, Minister. Hon. Michael J. Scott: I told you that I was sitting to [section] 5A, the removal of the chief medical officer.
Bermuda House of Assembly The Chairman: I was trying to figure . . . thank you.
Hon. Michael J. Scott: I beg your pardon. That is the point I am addressing right now. As I said, the capacity of any chief medical officer of the day to assess a complaint written against a medical practitioner, he or she will be able to quickly weed out the wheat from the chaff by looking at the complaint, finding out whether it has merit, finding out whether there is evidence of malpractice, determining whether it is frivolous. And, frankly, it is more cost - effective because it does not require engaging and calling together seven people, [with] the cost that that involves to practitioners leaving their practices, sitting in judgment on these issues. So a weeding out pr ocess by a CMO could stop that process being neces-sary altogether by his or her findings about a com-plaint. That is the reason why I see the introduction of the direct landing of a complaint before a commi ttee— an investigative committee—is poor manag ement of time and resources by people who will have very busy professional duties to discharge.
The ChairmanChairmanThank you, Member. The Chair recognises the Honourable Member from constituency 5. Hon. Derrick V. Burgess, Sr.: Thank you, Madam Chairman. Madam Chairman, I know the Minister wants to be . . . this committee to be impartial. But history has taught us that is not going to happen. And …
Thank you, Member. The Chair recognises the Honourable Member from constituency 5.
Hon. Derrick V. Burgess, Sr.: Thank you, Madam Chairman. Madam Chairman, I know the Minister wants to be . . . this committee to be impartial. But history has taught us that is not going to happen. And I am just a little sceptical about it because all these doctors on this committee, we know the politics of the medical profession, depending on who you are, will determine what the decision [will be]. And it may not be the best decisi on. And I know that is not the . . . I am sure that is not the Minister’s intent. But I think when you have seven medical practitioners —six and the medical officer—and I have no problem with medical officers because that is, I mean, he has got to be the ex officio. It is the others because these people are selected by the Minister. And I know the Minister would want to pick the best, but you cannot get inside of people’s heads. All right? But I just go by the history of this country. It does not always work the way it should work, and I am just a little frightened by that.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clauses 1 through 7? Minister? Hon. Jeanne J. Atherden: First of all, Madam Chai rman, there is one thing I want to clarify. The chief medical officer is a civil servant so even though the department …
Thank you, Member. Are there any other Members that would like to speak to clauses 1 through 7? Minister? Hon. Jeanne J. Atherden: First of all, Madam Chai rman, there is one thing I want to clarify. The chief medical officer is a civil servant so even though the department comes under the . . . is part of the mini s-try, if you will, he or she is selected by the Public Service Commission. With respect to . . . I guess, Madam Chai rman, what concerns me is that we are here trying to come up with practice that we believe is appropriate and has nothing to do with individuals. We are trying to take away some of what I call the personal and the emotive things because if you do not . . . if you start doing things that are totally related to either the ci rcumstance or what . . . I am not saying that you— [Inaudible interjection]
Hon. Jeanne J. Atherden: No, no, no, no. I am not saying that you are not concerned about what has happened because lots of things evolve because things have happened in the past. Rules and evidence and guidelines —those are all things that have evolved because the belief is that the public expects us to have a professional body. And I just want to remind the Members here that the Council, even though it is appointed by the Minister, the Minister (whoever the Minister is) tries to look at individuals that bring a measure of expertise, a broad basis of community involvement and integrity because all of those things are going to make sure that the public feels —
[Inaudible interjection]
Hon. Jeanne J. Atherden: So all I am saying to that, that is why. But just to remind ourselves of the reason. The reason this separation came was because there was a concern that right now the way it was set up, the Council would have been looking at a complaint and having the members effectively adjudicating on whether it was valid, et cetera, and then you had all these conflicts of interest. So the idea of having a committee that would look at that was to make sure that you had a separation. Now, you cannot have a committee without having some people on there that have some degree of expertise of the profession. The people that have to be looking at it have to be people who under stand—
[Inaudible interjection]
Hon. Jeanne J. Atherden: No, no, no, no. I am tal king about now the way you have the committee, which is separated from the Council, is a separate group of individuals going forward that will look at complaints. It will no t be the seven that sit upon the Council. And it is set that way so that you can have another group of individuals that can stand back and look at that. The chief medical officer is involved in this com-mittee to turn around and make sure that all the infor-mation is achieved. And also as you see for some of these new regulations, this committee is able to go out and get information, make people come and have to 616 12 February 2016 Official Hansard Report
Bermuda House of Assembly give information before this committee to make sure that when you come to a decision you have got all the information that you need. And so these are things designed to make it more robust. These are things which are designed to make sure that as a profession and in keeping with lots of other medical professions abroad, that we are doing things to make sure that the patient can feel comfortable, that if they bring a com-plaint, the complaint is being properly looked at. And my understanding . . . and I am just going to look at a little note to myself. I do not believe that just because someone has a complaint made against them that that would necessarily mean that they have to stop practicing. Because the complaint does not automatically mean you stop practicing, unless there was something that indicates that there was a concern about what you are practic ing that you should stop right away. It does not automatically do that. And I think, Madam Chairman, I think I have answered the questions, with respect.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 1 through 7? If there are no other Members that will speak to clauses 1 through 7 . . . Minister? Hon. Jeanne J. Atherden: Madam Chairman—
The ChairmanChairmanWe can move clauses 1 through 7. Hon. Jeanne J. Atherden: —can I move clauses 1 through 7, please?
The ChairmanChairmanIt has been moved that clauses 1 through 7 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 7 passed as amended.]
The ChairmanChairmanPlease proceed. Hon. Jeanne J. Atherden: Madam Chairman, I would like to move clauses 8 through 11. These deal with registration.
The ChairmanChairmanPlease proceed. Hon. Jeanne J. Atherden: Clause 8 amends section 7B of the principal Act to provide more stringent guide lines for re- registration and to allow a person to appeal to the Supreme Court against a decision made by the Council, i.e., the additional requirements for re-registration are to …
Please proceed.
Hon. Jeanne J. Atherden: Clause 8 amends section 7B of the principal Act to provide more stringent guide lines for re- registration and to allow a person to appeal to the Supreme Court against a decision made by the Council, i.e., the additional requirements for re-registration are to have malpractice insurance, to con-tinue to meet the experience and conduct standards, and to meet the minimum numbers of practice hours. Clause 9 amends section 8 of the principal Act by deleting references, in relation to appeals, to “Cabinet” and substituting “Supreme Court.” Clause 10 amends section 10(1) of the princ ipal Act to provide that, where an applicant for registr ation pays the application fee but does not subsequent-ly take a qualifying examination, the fee shall not be refunded to him. Currently one half of the fee is r efunded to him. Clause 11 amends section 11 of the principal Act by re pealing subsections (1) and (2) which currently allows a Government medical officer a period of eighteen months from his initial registration within which to pass the qualifying examination, i.e., the Government medical officer will now have to be r equired to pass the qualifying examination before regi stration as is the case for any other practitioner.
The ChairmanChairmanThank you, Are there any other Members that would like to speak to clauses 8 through 11? The Chair recognises the Learned Member from consti tuency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. This is the clause that introduces very much the provisions that exist in [section] 7B …
Thank you, Are there any other Members that would like to speak to clauses 8 through 11? The Chair recognises the Learned Member from consti tuency 36. Hon. Michael J. Scott: Thank you, Madam Chairman. This is the clause that introduces very much the provisions that exist in [section] 7B of the parent Act, as amended in 2004, where the requirements for registration or re- registration certainl y did include at [section] 7B(2) that the applicant “continues to meet the qualifications for registration” provided for under the Act, “has, within the two years preceding the date of the application for re- registration, complied with those requirements of the continuing medical educ ation.” Those are not new. But what we come . . . and those were pre- existing. Then we have in the Bill before us the requirement for malpractice insurance at clause 8(2)(a) “malpractice insurance.” Again, it mentions what was in the prior section at 7B, “continues to meet the qualifications . . . has, within two years pr eceding the date for re- registration, met the requir ements of . . . continuing medical education . . . and the number of practice hours as required by the Counc il.” The reference to malpractice insurance, I mean, no doctor ever —probably since 1950—has e ver practiced in these islands without ensuring that they had malpractice insurance. I want the Minister to indi-cate why it was felt [necessary] to hardwire malprac-tice insurance requirement in the Act? That was ex-actly the very issue of the case to which the Minister continues to have objection to my raising. That was the very reason for nonregistration. There was a lapse of malpractice insurance. But it is introducing it into the Act and its rationale for doing so, I need to under-stand what is the reason for hardwiring it into the Act when always, you could not expect ever, a medical
Bermuda House of Assembly practitioner not to have public liability insurance. And it was the point I was making, that this case seems to be reactive to experiences of the BMA in the past. So those are the simple points about [section] 7B. And I imagine that the requirement for hours of medical continuing education is normal when you are talking about continuing medical education. But, you know, I watch doctors, they are ever, ever alive to the fact and have been over the years, ever alive to the fact that they have to keep up to date. So to intr oduce it into the Act so that if a doctor falls afoul of this at this critical stage after having spent thousands of dollars qualifying and lots of blood and equity —lots of sweat and equity —in qualifying, meets section 8 of this amended Act and cannot get re- registered. It is a barrier. It is an immediate barrier. And the way that I watched the litigation with which I was involved, it does not take much, as the Honourable Member Mr. Burgess has indicated, in our history and in our historic management of relationships, and particularly in light of the findings of both the racial components at the hospital and the com-mercial components at that hospital, you then get ill - intended colleagues and peers and chief executive officers at the hospital a new weapon of restriction and denial of re- registration. Then you have a doctor who has achieved one of the most high- flying i mportant of careers (after much expense) wiped out.
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clauses 8 through 11? Minister? Hon. Jeanne J. Atherden: Madam Chai rman—
The ChairmanChairmanOne moment. Thank you. Please proceed. Hon. Jeanne J. Atherden: Sorry, Madam Chairman. I think that I would have to acknowledge that malpractice insurance for physicians in the UK was put in in 2015. But I also would like to indicate that . . . and I can only draw …
One moment. Thank you. Please proceed.
Hon. Jeanne J. Atherden: Sorry, Madam Chairman. I think that I would have to acknowledge that malpractice insurance for physicians in the UK was put in in 2015. But I also would like to indicate that . . . and I can only draw on what happens, as I say, in other professions as well. As I say, I am a chartered accountant. And it is not unusual for professions to turn around and want to make sure that you have li ability insurance because they actually send you out some reminders and say —
[Inaudible interjection]
Hon. Jeanne J. Atherden: —they send you out some reminders to make sure that you have public liability insurance with respect to practicing, so they can be sure that if you are practicing, you have some insur-ance. And this is basically what it is doing because if the doctor is registering to say that I am going to be practicing in Bermuda, they want them to demonstrate that they have the insurance. And that is the protec-tion for the patient.
[Crosstalk] Hon. Jeanne J. Atherden: And so, you know, this whole thing . . . if someone is working at the hospital, then the hospital has its own plan and you come under it and if they are going out on their own, unfort unately, this is what one con siders, it becomes a cost of doing business.
[Gavel]
Hon. Jeanne J. Atherden: And so I do not think that it bears any relationship to what might have happened at BHB because, as I say, it is in the UK, it came in in 2015. With respect to, I think there was a concern, and I just want to remind everybody that as it relates to the Council —
[Crosstalk]
Hon. Jeanne J. Atherden: —the Minister appoints two members, but he appoints them from members that are put forward by the Bermuda Medical Doctors Associati on.
The ChairmanChairmanMinister, Minister, can you have a seat for quick second just so that we can all just take a breath and hear some silence rather than voices? Now, please proceed because I really could not hear you. Hon. Jeanne J. Atherden: I was just observing that with respect to the …
Minister, Minister, can you have a seat for quick second just so that we can all just take a breath and hear some silence rather than voices? Now, please proceed because I really could not hear you.
Hon. Jeanne J. Atherden: I was just observing that with respect to the question about the malpractice, I think I have explained why . . . it was put in the UK in 2015, we are obviously turning around because we are modernising our Act and this was an appropriate time to put it in. I just wan t to reinforce the fact that in the Council, there are two persons who are appointed by the Minister, but they are appointed by the Minister from persons nominated by the Bermuda Medical Doctors Association. So those . . . that is the opportunity for that body to have some input. I think I have answered the questions.
The ChairmanChairmanThank you very much. The Chair recognises the Honourable Member from constituency 5. Hon. Derrick V. Burgess, Sr.: Thank you, Madam Chairman. Minister, the insurance is for those that are in private practice. Suppose you are practicing at the 618 12 February 2016 Official Hansard Report Bermuda House of Assembly …
Thank you very much. The Chair recognises the Honourable Member from constituency 5. Hon. Derrick V. Burgess, Sr.: Thank you, Madam Chairman. Minister, the insurance is for those that are in private practice. Suppose you are practicing at the 618 12 February 2016 Official Hansard Report
Bermuda House of Assembly hospital and the hospital alone, is there the same r equirement?
The ChairmanChairmanThank you, Member. Minister? Hon. Jeanne J. Atherden: I just want to be sure that I am clear. If you are a community practitioner, you have to have liability insurance. If you are a hospital physician, the hospital has the overall insurance until you come in under their plan. Hon. …
The ChairmanChairmanAre there any other Members that would like to speak to clauses 8 through to 11? There are none. Minister? Hon. Jeanne J. Atherden: Madam Chairman, I would like to move clauses 8 through 11.
The ChairmanChairmanThank you. It has been moved that clauses 8 through 11 be approved as pri nted. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 8 through 11 passed.]
The ChairmanChairmanMinister, please proceed. Hon. Jeanne J. Atherden: Madam Chairman, I would like to move clauses 12 through 17, concerning the complaints handling matters.
The ChairmanChairmanAre there any objections? No, Minister, please proceed. Hon. Jeanne J. Atherden: Clause 12 inserts section 12AA which provides for the Committee, the Medical Practitioners Professional Conduc t Committee, to i nvestigate complaints against registered persons. Note, [new section] 12AA outlines the functions of the Committee and the form of …
Are there any objections? No, Minister, please proceed. Hon. Jeanne J. Atherden: Clause 12 inserts section 12AA which provides for the Committee, the Medical Practitioners Professional Conduc t Committee, to i nvestigate complaints against registered persons. Note, [new section] 12AA outlines the functions of the Committee and the form of the complaint. Most of these provisions are simply moved from section 5B and inserted as [section] 12AA. This placement r emoves the complaint handling process from amongst the registration process. However, a new power is inserted. Section [12AA](5) inserts the power to continue investigating a complaint if it is withdrawn or if it was never formally made but it should have been because its nature constitutes grounds for disciplinary action. Clause 13 repeals and replaces section 12A of the principal Act to provide the procedure for inves-tigation of complaints by the Committee, the reporting of its findings, and the making [of] certain recommendations, to the Council. Note section 12A outlines the investigation procedures for the Committee. Most of these provisions existed in the original section 12A, however, several new powers are inserted, namely: subsection (2) gives the Committee the power to recommend to the Council the immediate suspension of the practitioner pending the complaint being dis-posed— the Council may implement the order; subsection (3)(c) gives the Committee the power to obtain information or documents relevant to the case from any person; subsection (4) gives the Committee the power to summon any person to provide evidence relevant to the matter; and the Committee now has the powers previously conferred to the chief medical officer —preliminary investigation, extra process step. These powers are subsection (5) to dismiss a co mplaint if vexatious or frivolous; subsection (6) to mediate a matter if it arose from a misunderstanding; and subsection (7) to issue guidelines regarding conduct or methods arising during the investigation. Clause 14 repeals and replaces section 13 of the principal Act which provides for an enquiry by the Council into complaints against registered persons. Note section 13 outlines the required procedures of the Council. Half of these provisions existed in the original section, but more process is now added and several new powers are inserted, namely: subsection (2)(b) gives the Council enquiry to obtain information or documents relevant to the case from any person; subsection (3) gives the Council enquiry the power to summon any person to provide evidence relevant to the matter; and subsection (6) lists all the sanctions available to the Council enquiry in one place. Clause 15 amends section 13A to provide that the chief of staff of the hospital must inform the chief medical officer if there is a report of an impaired regi stered person at the hospital, i.e., this section refers to mandatory reporting of practitioners impaired due to drugs or alcohol. The amendment ensures the same reporting process regardless of place of employment, i.e., that the Conduct Committee is informed, it may initiate proceedings accordingly. Clause 16 amends section 14 to increase the number of days the Permanent Secretary has before striking a person off the register. That is, the period is increased from 10 to 30 days as the time that a pract itioner has to appeal a disciplinary sanction has been increased to 30 days. Clause 17 amends section 17 of the principal Act to provide that a medical practitioner suspended from practice must surrender his or her certification of registration to the Permanent Secretary.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 12 through 17? Bermuda House of Assembly The Chair recognises the Honourable Member from constituency 5. Hon. Derrick V. Burgess, Sr.: Yes. Question, Minister, once the recommendation is to suspend and the doctor appeals, during the …
Thank you. Are there any other Members that would like to speak to clauses 12 through 17?
Bermuda House of Assembly The Chair recognises the Honourable Member from constituency 5.
Hon. Derrick V. Burgess, Sr.: Yes. Question, Minister, once the recommendation is to suspend and the doctor appeals, during the appeal period can they practice pending the outcome of that appeal?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. Jeanne J. Atherden: I am just trying to get a technical response rather than giving you my own. [Pause] Hon. Jeanne J. Atherden: If they are suspended, then they cannot practice. Hon. Derrick V. Burgess, Sr.: Second question—
The ChairmanChairmanThe Chair recognises the Member from constituency 5. Hon. Derrick V. Burgess, Sr.: I am sorry, yes. And if they appeal and win that appeal, I think the same question the Honourable Member Lovitta Foggo asked, if they win that appeal who pays for the damages?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister. Hon. Jeanne J. Atherden: But I think the other side of it is if they do appeal, then they can practice. So if you are suspended and you decided to launch an appeal then— Hon. Derrick V. Burgess, Sr.: You can practice.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clauses 12 through 17? There are no other Members. Minister? Hon. Jeanne J. Atherden: Madam Chairman, I would like to then move clauses 12 through 17.
The ChairmanChairmanIt has been moved that clauses 12 through 17 be approved as printed. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 12 through 17 pas sed.]
The ChairmanChairmanMinister, please proceed. Hon. Jeanne J. Atherden: Madam Chairman, I would like to now move clauses 18 through 26 which are concerning general matters.
The ChairmanChairmanPlease proceed. Hon. Jeanne J. Atherden: Clause 18 amends section 22 of the principal Act to update how and when the Council is able to authorise a locum tenens to practice in Bermuda. This amendment simply regularises the status quo in that locum coverage is for when practitioners are absent …
Please proceed.
Hon. Jeanne J. Atherden: Clause 18 amends section 22 of the principal Act to update how and when the Council is able to authorise a locum tenens to practice in Bermuda. This amendment simply regularises the status quo in that locum coverage is for when practitioners are absent from practice for whatever reason and not simply having left the country. Clause 19 repeals and replaces section 25 of the principal Act to update the appeals process, i.e. the archaic language is updated, but in addition the period provided to appeal a decision of the Council is increased from 7 to 28 days to align with the interpr etation act. Clause 20 amends section 29A of the princ ipal Act to change the month in which the Council must provide its annual report. Clause 21 amends section 30 of the principal Act to enable the Minister to make regulations pr escribing the procedure to be followed on an investigation by the Committee or an enquiry by the Council. Clause 22 repeals and replaces Schedule 1 to update the provisions on the proceedings and other matters of the Council. Clause 23 repeals and replaces Schedule 2 to update the provisions on the proceedings and other matters of the [Committee]. It increases the number of best practice provisions and inserts paragraphs 1 and 2 which changes the membership so that none may be on the Council, that members are nominated by different bodies and appointed by the Minister. Par agraph 3 changes the terms of office from one year to three years. Paragraphs 4 and 5 insert the power to appoint alternate members. Paragraph 8 establishes the quor um. Paragraph 9 inserts a conflict of interest provision. Paragraph 10 inserts a requirement to take minutes. Paragraph 11 provides remuneration for members. Paragraph 13 inserts the requirement to provide an annual report. Paragraphs 14 to 18 insert provi sions to address process for terminating me mbers and clarifies process to fill offices when a me mber’s turn ends early. Clause 24 makes consequential amendments to provide that the Committee will be remunerated, as are other professional committees, under the Go vernment Authorities (Fees) Act 1971, and to other le gislation to remove references to the previous bodies and reflect the new association. Clause 25 provides a transitional. The removal of the 18 month exam waiver for the registration of government medical officers (clause 11) requires a 620 12 February 2016 Official Hansard Report
Bermuda House of Assembly transitional provision to cover such persons that were initially registered within 18 months of this amendment. They are still required to pass the exam within 18 months so as to ensure that all practitioners have met the same standard. Eighteen months after the amendment is operational there will be no government medical practitioners in that category. Clause 26 provides the commencement of the Bill.
The ChairmanChairmanThank you, Minister. Are there any other Members that would like to speak to clauses 18 through 26? There are none. Minister? Hon. Jeanne J. Atherden: I would like to then move clauses 18 through 26.
The ChairmanChairmanIt has been moved that clauses 18 through 26 be approved. Are there any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 18 through 26 passed.]
The ChairmanChairmanThe Schedules . . . I guess they were part of. They are a part of, but we will move that the Schedules be approved. Hon. Jeanne J. Atherden: I move that the Schedules be approved.
The ChairmanChairmanAre there any objections to that m otion? No objections. Agreed to. [Gavel] [Motion carried: Schedules 1 and 2 passed.]
The ChairmanChairmanPreamble? Hon. Jeanne J. Atherden: I move the Preamble. The Chai rman: It 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 move that the Bill be r eported 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 Medical Practitioners Amen dment Act 2016 was considered by a Committee of the whole House and passed as amended.] [Paus e] …
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 Medical Practitioners Amen dment Act 2016 was considered by a Committee of the whole House and passed as amended.]
[Paus e]
House resumed at 8:50 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
MEDICAL PRACTITIONERS AMENDMENT ACT 2016
The SpeakerThe SpeakerHonourable Members, the Second Reading [and Committee stage] of the Medical Pract itioners Amendment Act 2016 has been approved. We now move on to Order No. 6 in the name of the Honourable Member from constituency 18, E. D. G. Burt. You have a motion?
The SpeakerThe SpeakerIt is carried over. So then the Chair will recognise the Minister of Finance. SUSPENSION OF STANDING ORDER 21 Hon. E. T. (Bob) Richards: Mr. Speaker, I move that [Standing Order] 21 be suspended so that the Bill ent itled the Banking (Special Resolution Regime) Act 2016 be read a …
The SpeakerThe SpeakerAll right. Any objections to that? [Motion carried: Standing order 21 suspended.]
The SpeakerThe SpeakerCarry on. THIRD READING BANKING (SPECIAL RESOLUTION REGIME) ACT 2016 Hon. E. T. (Bob) Richards: I move that the Bill do now pass. Bermuda House of Assembly The Sp eaker: It has been moved that the Banking (Special Resolution Regime) Act 2016 be passed. Any objections?
The SpeakerThe SpeakerThen it is passed. [Motion carried: The Banking (Special Resolution R egime) Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will recognise the Honour able Minister for Economic Development, Dr. Grant Gibbons. SUSPENSION OF STANDING ORDER 21 Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I move that the Standing Order 21 be suspended t o enable me to move that the Bill entitled the Electricity …
The Chair will recognise the Honour able Minister for Economic Development, Dr. Grant Gibbons.
SUSPENSION OF STANDING ORDER 21 Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. I move that the Standing Order 21 be suspended t o enable me to move that the Bill entitled the Electricity Act 2016 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections? [Motion carried: Standing order 21 suspended.]
The SpeakerThe SpeakerCarry on. THIRD READING ELECTRICITY ACT 2016 Dr. the Hon. E. Grant Gibbons: The Electricity Act 2016. I move that the Bill no now pass. Thank you.
The SpeakerThe SpeakerThank you. Any objections to that?
The SpeakerThe SpeakerThe Electricity Act 2016 is now passed. [Motion carried: The Elect ricity Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will now recognise the Minister for Health, Seniors and the Environment, Minister Atherden. SUSPENSION OF STANDING ORDER 21 Hon. Jeanne J. Atherden: Mr. Speaker, I move that Stand ing Order 21 be suspended to enable me to move that the Bill entitled the Medical Practitioners Amendment Act 2016 …
The SpeakerThe SpeakerThank you. Minister. [Motion carried: Standing Order 21 suspended.] THIRD READI NG MEDICAL PRACTITIONERS AMENDMENT ACT 2016 Hon. Jeanne J. Atherden: Medical Practitioners Amendment Act 2016. I move that the Bill do now pass.
The SpeakerThe SpeakerAre there any objections to the Bill passing? The Bill is now passed. [Motion carried: The Medical Practitioners Amen dment Act 2016 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will recognise the Minister for Community Affairs and Sport. SUSPENSION OF STANDING ORDER 14 Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 14 be suspended to enable me to introduce and read a Bill for its first reading entitled the …
The SpeakerThe SpeakerYes. [Motion carried: Standing order 14 suspended.] BILL FIRST READING MATRIMONIAL CAUSES AMENDMENT ACT 2016 Hon. Patricia J. Gordon -Pamplin: I ask that the Bill be set down on the order paper for the next day of meeting.
An Hon. Member An Hon. MemberWhat?
An Hon. Member An Hon. MemberThe Matrimonial what?
The SpeakerThe SpeakerThank you. The Matrimonial Causes —
An Hon. Member An Hon. MemberAmendment.
The SpeakerThe SpeakerAmendment, yes. Yes. Premier? 622 12 February 2016 Official Hansard Report Bermuda House of Assembly ADJOURNMENT Hon. Michael H. Dunkley: Good evening, Mr. Speaker. I move that we now adjourn to next Friday, February 19th.
The SpeakerThe SpeakerI recognise the Honourable Member from constituency 5—sorry! Let me . . . I am sorry, yes. I recognise the new Member who will be ma king his maiden speech. So I will ask Members to behave accordingly. [Inaudible interjections and laughter]
The SpeakerThe SpeakerThe Honourable Member from consti tuency 13, Devonshire North Central, our newest Member, MP Diallo Rabain. You have the floor.
The SpeakerThe SpeakerAnd you are not down in the Senate. [Laughter and inaudible interjections] MAIDEN SPEECH
Mr. Diallo V. S. RabainJust one small laugh. Mr. Speaker, you know, there has been much said to me about what a maiden speech for a new MP should be. I have spoken to many of my colleagues in the House, I have spoken to my family, my campaign assistants, but, more importantly, I …
Just one small laugh. Mr. Speaker, you know, there has been much said to me about what a maiden speech for a new MP should be. I have spoken to many of my colleagues in the House, I have spoken to my family, my campaign assistants, but, more importantly, I have spoken to the people of Devonshire [North Central], constituency 13. And the overwhelming response that I have gotten back from them is just be humble, be respectful, but be firm and honest. I know I used to like listening to the House on a Friday afternoon, and I am sure there are others out there listening. So I want to take this time to wish them all the best as they listen to my first speech of many in these Chambers. Firstly, I would like to thank my predecessor Mr. Glenn Blakeney, who served the constituents and the people of Bermuda with honour for the many years that he did stay up here. Mr. Speaker, I would also like to thank the voters of Devonshire North who last Thursday entrusted me to be their voice within this Honourable Place. They had a choice of what I consider two qual ity candidates, but by a margin 110 votes decided that I am worthy [to be their representative]. To the con-stituents of constituency 13, I promise to be the kind of representative that you expect, to be the kind of representative that you desire, that you deserve when you placed your vote last week. I am going to repr esent all of the constituents, including the ones that did not vote for me, and I promise to represent them wi th integrity, honesty, intelligently, and always spending the time necessary to listen to their concerns and bring them to these Chambers. But, Mr. Speaker, I am only as good as my support team, and I have a great support team. The PLP branch members of c onstituency 13, the volu nteers that helped, the members of the Election Com-mittee, the members of my caucus, and members of my family all play a pivotal role in helping me to achieve and rise to the position that I enjoy today. I want to send my heartfelt thanks and gratitude to them and beyond. I could name quite a few of them by person, but after speaking to them they were very humble and said, Please don’t call me out by name, but they know who they are and I have spoken to them personally. But I want to take this time to say thank you. Thank you. Mr. Speaker, this campaign was fought on the ground and I cannot be more straightforward than this. There is an empowering feeling when you knock on the door of a constituent and they welcome you in, they sit yo u on their couch, they treat you as family, they talk to you, they tell you the things that they would like to see to move Bermuda forward. The overwhelming response, Mr. Speaker, that I got when knocking on those doors that we spent many, many, many hours doing is a general dissatisfaction with the current direction of this Government. Mr. Speaker, you would be amazed at the amount of people that I encountered that, (1) did not vote in the last election; and (2) admitted that they voted for the One Bermuda Alliance in the last elec-tion, all of whom were eager (and I am not using my words) to rectify that lapse of judgment they had in the last general election. In fact, Mr. Speaker, one particular story out of the hundreds that I heard really stands out for me. One morning while canvassing we were invited in by a family of four. It is a family of four, Mr. Speaker, who did not live in constituency 13. They lived in constit uency 2. They fully admitted that they had voted for the One Bermuda Alliance in the last general election. They expressed remorse for voting that way because the PLP candidate lost by four votes. Their exact words were, We feel like we threw our vote away. B ecause that is how they are feeling and most of the people that I encountered are f eeling [that way] right now. Mr. Speaker, you could not imagine the relief and excitement that was on their faces when I saw them approach the polling booth last Thursday. They were grinning, they were excited, they hugged me—all four of them —and said, We have your back. Outside of that, Mr. Speaker, the other thing that amazed me was the amount of first -time voters and young voters. First -time voters . . . we registered
Bermuda House of Assembly quite a few voters in that constituency. I know the Registrar General was getting tired of me showing up with registration forms, moving addresses and regi stering people. I registered someone at the age of 59. For the first time in his life he voted. I registered pe ople at the age of 18 and 19. For the first time in their life they voted, and they voted solidly PLP. This was just amazing, Mr. Speaker, to see this overwhelming support that we were getting. But, Mr. Speaker, I am under no illusion that the One Bermuda Alliance, within their minds, feel that they are doing the best that they can for this Island because, after all, all of us are here with that same thought. We are all here because we want to see our Island progress and our Island do as well as it can do. Unfortunately, Mr. Speaker, as the days of this One Bermuda Alliance administration tick on, more and m ore the people are believing less and less that this administration has the best interests of the entire Island. And it is unfortunate because the trust deficit that is growing between the electorate and this administration is real and it is growing, daily. Mr. Speaker, after the ballots were counted and I was proclaimed the winner of this by -election, I gave a statement that said that this election was a referendum on the One Bermuda Alliance’s perfor-mance over the past three and a half years. Earlier this week on the newscast the Premier was inter-viewed and asked pretty much the same question. And Mr. Speaker, I quote, the Premier responded “Don’t judge us now; judge us when the general election is called.” Well, Mr. Speaker, I would like to remind my colleagues opposite that a caring and engaged Go vernment does not set their agenda based around general elections. A caring and engaged Government is constantly doing the business of the people and maintaining a balance between [social] and [fiscal] responsibilities in order to keep the island moving for-ward. This Government has shown itself long on promises and short on delivery. Mr. Speaker, in all honesty, I guess we really cannot expect the Premier to say much more about the situation he finds himself in. On November 18, 2014, there was a by -election held in constituency 33 where the PLP member was returned to Parliament with an increase, Mr. Speaker. And we saw a by - election that was won in constituency 33 that was won by an increased margin. On February 4, 2016 we saw another by -election win by an increased margin and not only an increased margin, more people showed up to vote in this election than showed up in the general election. Now, Mr. Speaker, combine this with the current Premier’s showing in the 2007 election and we have to say that he is sitting on a hat trick of losses as the Leader of his party. And in 2015, I reckon he will be facing his fourth loss as a leader of a political party. [Inaudible interjection]
Mr. Diallo V. S. RabainIn 2017. Mr. Speaker, some people can be deliberately blind to the facts that are sitting in front of them written on the wall, but I hazard to say that some people are not. On January 15 th, two days after an Age Concern forum that was held in constituency …
In 2017. Mr. Speaker, some people can be deliberately blind to the facts that are sitting in front of them written on the wall, but I hazard to say that some people are not. On January 15 th, two days after an Age Concern forum that was held in constituency 13 that featured myself and the One Bermuda Alliance candidate, the Minister of Finance announced that there had been a (quote) “legislative error” when it came to payroll tax — I mean on Land Tax. It just so happened that that happ ened to be one of the various topics that came up during that Age Concern forum that the seniors there expressed grave reservations about. Mr. Speaker, I think that Member sees the writing on the wall. And, Mr. Speaker, the day after the by-election the Minister of Home Affairs who sits in another place announced changes to the Immigration Act. [Inaudible interjection]
Mr. Diallo V. S. RabainYes, and we did see that reaction this morning. Now, regardless of the One Bermuda All iance’s protests, this Act will see some significant fall - out during the next general election if it is allowed to pass. Now, the Attorney General was on the radio two days after that …
Yes, and we did see that reaction this morning. Now, regardless of the One Bermuda All iance’s protests, this Act will see some significant fall - out during the next general election if it is allowed to pass. Now, the Attorney General was on the radio two days after that stumping for this piece of legislation as well. So, I think it is safe to say that those two Members see the writing on the wall as well. Mr. Speaker, the writing on the wall is just this: This Government, no matter what they do, does not resonate with the electorate of Bermuda. No mat-ter how many announcements of hotel developments, no matter how many boat races they put on, no matter how many times the Premier posts field goal pictures on Instagram, and no matter how many times the ob-vious is spun by op- eds written by ghost writers, once you lose the trust of the people it is gone, and it is very difficult to get back. The irony that the Minister of Finance, the Attorney General, and the Minister of Home Affairs get it should not be lost on anyone who studies political things in Bermuda and the One Bermuda Alliance proper [SOUNDS LIKE]. Mr. Speaker, despite the damning SCORE report on our schools that highlighted the tremendous amount of investment that is needed to bring our pr imary schools up to scratch, most of which are older than the airport, we still have the One Bermuda All iance standing up straight -faced saying we need to replace the airport and give away 30 years of guara nteed income. But yet not one of them has stood up and said how a new airport will enhance the air arr ivals to Bermuda that have reached all -time lows u nder this Government. 624 12 February 2016 Official Hansard Report
Bermuda House of Assembly [Inaudible interjections]
Mr. Diallo V. S. RabainYes, Mr. Speaker, I am sorry I might be intimidating to some people who prefer to just stand still and say nothing when legislation is pr esented up here, but no, I will speak my mind and you will hear it. Now, Mr. Speaker, when the Immigration Amendment that was …
Yes, Mr. Speaker, I am sorry I might be intimidating to some people who prefer to just stand still and say nothing when legislation is pr esented up here, but no, I will speak my mind and you will hear it. Now, Mr. Speaker, when the Immigration Amendment that was forced through by this Gover nment last summer was presented in the Senate and then brought to these Chambers —
[Inaudible interjection]
Mr. Diallo V. S. Rabain—that other place —and brought to these Chambers, part of my debate down there pointed out the historic inequality in hiring practices and salary requirements that PRCs enjoyed over Bermudians, and that passing such legislation will only give the advantaged more advantages. Of course, that was dismissed by the One …
—that other place —and brought to these Chambers, part of my debate down there pointed out the historic inequality in hiring practices and salary requirements that PRCs enjoyed over Bermudians, and that passing such legislation will only give the advantaged more advantages. Of course, that was dismissed by the One Bermuda Alliance along with when we made the argument that the Gov-ernment should be doing more to help Bermudians who already own homes and who find themselves in trouble, to retain those homes. It was dismissed by the One Bermuda Alliance. Lo and behold we go to January 2016, the real estate agents and the One Bermuda Alliance are crowing. Why are they crowing? Because real estate sales are up, but 37 per cent of them are being done by cash sales. Which demographic in Bermuda is walking around with cash like that? Which? Mr. Speaker, we find funding for the America’s Cup, but we continue to cut budgets for education and we cannot give seniors raises of their pensions. D espite the many photo ops that we see by the Premier, violent crime is still on the rise. Just this morning we heard the statistics and the Premier did say that crime is up over last year. Crime is up over 2015, up in 2014, but he qualified it by saying that 2014 was a historic low. But what he did not say, Mr. Speaker, is that the numbers for 2015 are closer to the numbers of 2012. This Government has failed to deliver on education, Mr. Speaker. This Government has failed our seniors. This Government has failed our immigration and emigration problems. This Government has failed to address gang violence and violent crime. This Government has failed to address the racial and income inequalities that the former Leader of the One Berm uda Alliance spoke about so eloquently in his one and only Reply to the Throne Speec h in 2012. Mr. Speaker, this Government has simply failed. It has failed, period. And the writing is on the wall. No matter how much the Premier tries to spin it by saying, Don’t judge us now; judge us at the next general election. Mr. Speaker, the people of constituency 13 have spoken. The people of constituency 33 have spoken. And in 2015 surely the electorate will speak. The hallmark of this Government —in 2017 will speak —the hallmark of this Government seems to be one of selective hearing when it comes to listening to the pleas of our people. And I say to that, continue on your same path. Continue to barrel down a path of becoming the only one- term Government that this country has known. The people constituency 33 have spoken, the people in constituency 13 have spoken, and in 2017 the people will speak. This will be a one- term Government and whatever they do they seem hell -bent on continuing in that pathway. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor. LAND TAX AMENDMENT (No. 2) ACT 2015 Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, in our last …
Thank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 5, MP D. V. Burgess. You have the floor.
LAND TAX AMENDMENT (No. 2) ACT 2015 Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, in our last session of this House the Minister of Finance brought a Land Tax Amendment Bill to the House. Mr. Speaker, if you will permit me, I would just like to read some excerpts from his speech if that is possible.
The SpeakerThe SpeakerYes. Hon. Derrick V. Burgess, Sr.: He said that 1“the segment most affected has been the executive rental properties, particularly the larger units.” And I will comment on that when I get into the meat of it. “Therefore, the purpose of this Bill is to amend the land tax rates …
Yes.
Hon. Derrick V. Burgess, Sr.: He said that 1“the segment most affected has been the executive rental properties, particularly the larger units.” And I will comment on that when I get into the meat of it. “Therefore, the purpose of this Bill is to amend the land tax rates to ensure no loss of revenue to the Government. . . . However, Mr. Speaker, we have aimed to deliver an adjustment in land tax rates that is fair to all sectors of the real estate market. . . . Mr. Speaker, the Ministry of Finance is confident that this approach will provide the Government with the same level of revenues” —I want to repeat that —“the same level of revenues collected on land tax and believes that the rate increases are both equitable and fair.”
Hon. E. T. (Bob) Richards: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, yes, Honourable Minister. 1 Official Hansard Report , 16 December 2015, pages 374- 375 Bermuda House of Assembly POINT OF ORDER Hon. E. T. (Bob) Richards: The Honourable Member is pre -empting a debate. This is an Act that is on the Order Paper; it is due for debate.
The SpeakerThe SpeakerOh, the . . . which one is it, Honourable Member? Hon. E. T. (Bob) Richards: The Land Tax Amendment Act.
The SpeakerThe SpeakerOh, the Land Tax Amendment Act . . . so Honourable Member let us not speak — Hon. Derrick V. Burgess, Sr.: But Mr. Speaker, I understand what you are saying, but . . . yes, it is preempting a debate, but it is in place . . . it …
The SpeakerThe SpeakerYes, but we are— Hon. Derrick V. Burgess, Sr.: That is what the rates are that people are paying.
The SpeakerThe SpeakerRight. So . . . that is something that we will debate at the time that the Bill comes. [Inaudible interjections] OBA IMMIGRATION REFORM POLICY Hon. Derrick V. Burgess, Sr.: Okay. All right. Mr. Speaker, yesterday on one of the greatest shows in Bermuda Land, the Sherri J Show , …
Right. So . . . that is something that we will debate at the time that the Bill comes. [Inaudible interjections]
OBA IMMIGRATION REFORM POLICY Hon. Derrick V. Burgess, Sr.: Okay. All right. Mr. Speaker, yesterday on one of the greatest shows in Bermuda Land, the Sherri J Show , I think it was yesterday or the day before, the Attorney General was on the radio talking about this new Immigration Bill, Mr. Speaker, a Bill that will create some problems in Bermuda, according to CURB. In fact, CURB says, if I may, Mr. Speaker, that “there is a rising anger in our community, and this kind of push without a consultative process of reform is piecemeal.” Mr. Speaker, what we do not know . . . because the Minister has made the statement that an yone here after 15 years can get this and after 20 years can apply for Bermuda st atus. Mr. Speaker, we do not know at this point how many of those people exist. That figure was not given and I think that figure should have been given, that can apply. Because back in, I think it was 2014 or 2013, there was a total about 8,000 . . . well, PRC holders, their spouses and their children, because you cannot give the major breadwinner a PRC without gi ving [also to] the children. So we do not know what this could mean because, Mr. Speaker, as we all know in 1989 the then- Government put a quota on how many status they would give per year. It was 40. [Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: Right, at the end of 1989. But we continued it, when the PLP Government . . . we continued that. Mr. Speaker, as you will probably know, when the last . . . one survey came out by the Statistics D epartment and it reported the number of people that were unemployed. And I believe of the PRCs there were only seven unemployed. And, of course, the m ajority of the unemployed were black Bermudians. Mr. Speaker, the latest report on the unemployment is about . . . one second, Mr. Speaker, just bear with me. I have it here. In 2015 over 2014 there are 846 less blacks in the workforce. There are 950 more whites in the workforce and 188 mixed and other races in the workforce. Mr. Speaker, if you would look at the latest figures that came out and see you see the income, the income increases from 2014 to 2015 for blacks was less than a quarter per cent, for whites, I am pretty sure it was at least 4 per cent, or more. And what that [shows] is that the disparity just widens. At a time when Government workers and other workers have not received a rate increase since 2011, white wor ker’s income has increased. That is alarming because the cost of living has gone up tremendously in the last four or five years, working on the same rate. And as I would say again, in 2014/15 the Government workers were working at the 2008 rate [factoring in] the furlough day . . . yes, the 2008 rate with the furlough day, but still had the increase in food and everything else. Mr. Speaker, the Attorney General can correct me. I think he said on the radio that he does not know (and I am paraphrasing) why so many of the civil servants are mostly black . . . have I got it right? Pleas e. Hon. Trevor G. Moniz: Point of information.
The SpeakerThe SpeakerYes. Sit down please, Honourable Member. POINT OF INFORMATION Hon. Trevor G. Moniz: The radio show host was suggesting that all things should be governed by racial quotas. And I said, Well, b e very careful with racial quotas because if they are applied—
Mr. Jamahl S. SimmonsPoint of order, Mr. Speaker. Hon. Trevor G. Moniz: —to the civil service you might —
Mr. Jamahl S. SimmonsPoint of order, Mr. Speaker. Hon. Trevor G. Moniz: —not like it. 626 12 February 2016 Official Hansard Report Bermuda House of Assembly
The SpeakerThe SpeakerJust a minute. POINT OF ORDER [Misleading]
Mr. Jamahl S. SimmonsThe Honourable Member is misleading the House. Hon. Trevor G. Moniz: That is not this . . .
The SpeakerThe SpeakerSit down, Attorney General please. Thank you.
Mr. Jamahl S. SimmonsThe Honourable Member is misleading the House. What was actually said by my wife was that there should be a rationing of the number of people who are allowed to come in. He c ompared it to racial quotas. She never called it racial quotas, he did. [Inaudible interjections] Hon. …
The Honourable Member is misleading the House. What was actually said by my wife was that there should be a rationing of the number of people who are allowed to come in. He c ompared it to racial quotas. She never called it racial quotas, he did.
[Inaudible interjections]
Hon. Trevor G. Moniz: No, no, CURB called it a r acial quota and Sherri J was agreeing with that premise that there should be racial quotas.
Mr. Jamahl S. SimmonsThat is not true. Hon. Trevor G. Moniz: And I said no, I do not think so, and I do not think you would like racial quotas.
The SpeakerThe SpeakerThank you, Attorney General. MP Burgess? Hon. Derrick V. Burgess, Sr.: Well, let me say why the majority of the civil servants are black. Even though the Attorney General criticised a civil servant who got a job in Government whilst the PLP was in Government and said she got the …
Thank you, Attorney General. MP Burgess? Hon. Derrick V. Burgess, Sr.: Well, let me say why the majority of the civil servants are black. Even though the Attorney General criticised a civil servant who got a job in Government whilst the PLP was in Government and said she got the job through grace and favour (that was reported in the Royal media) you know, it is always difficult for us as blacks that we have to jump over walls of fire to get whatever we want. And even after we get there we are still not properly cut out for the job. I do not know why I said . . . I only wish that would stop in this country. Mr. Speaker, this situation with giving . . . people can apply for status. You have heard the Hon-ourable Member, Walton Brown, call for a reform and for both parties to get together and do this here. And it has been repeatedly denied by the Government. And this Government thinks that they can just increase the population willy -nilly as they want. In fact, when the Brits . . . Mr. Speaker I want to talk to you, but I cannot talk to you if you talk to somebody else.
An Hon. Member An Hon. MemberOur apologies. Hon. Derrick V . Burgess, Sr.: Mr. Speaker —
The SpeakerThe SpeakerSorry about that Honourable Member. Hon. Derrick V. Burgess, Sr.: That is all right, Mr. Speaker.
The SpeakerThe SpeakerSometimes we have to catch up. Hon. Derrick V. Burgess, Sr.: Yes, I understand. Mr. Speaker, when the Brits gave us the right of abode in the UK, we are now a part of the EU through Britain. Normally what happens in EU cou ntries is they can move about …
Sometimes we have to catch up. Hon. Derrick V. Burgess, Sr.: Yes, I understand. Mr. Speaker, when the Brits gave us the right of abode in the UK, we are now a part of the EU through Britain. Normally what happens in EU cou ntries is they can move about freely to work and abide. But the reason why that was not given to us and the other little islands is because of our size. Britain knew we could not accommodate all these folks on these 20 square miles. And why does this Government think that they can give status to hundreds, if not thou-sands, of people on a little island like this here? And as CURB says, it is for political and parliamentary advantages. If you know the history of the country (and I am sure you do, you go back . . .), at one time this country was predominantly white and whites made up the majority of the voters. Well, we could not vote, and even when we could we had to own property of a certain value. And it looks like the present Minister who came here as a foreigner, gained status, the first Minister in the history of this Government to have that position— a status Bermudian—and then he turns around and I guess he is sa ying, I’m going to bring the rest of my folks in. I got this here, let me give that to them.
Dr. the Hon. E. Grant Gibbons: Mr. Speaker —
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER [Imputing improper motives] Dr. the Hon. E. Grant Gibbons: Point of order. The Honourable Member is clearly [imputing] improper motives that he is not entitled to.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Yes, stay off that line, Honourable Member. You are bowling a good line otherwise. Hon. Derrick V. Burgess, Sr.: Yes, I am only trying to just tell the truth, Mr. Speaker — [Inaudible interjections] Hon. Derrick V. Burgess, Sr.: —because . . . well, …
All right. Thank you, Honourable Member. Yes, stay off that line, Honourable Member. You are bowling a good line otherwise.
Hon. Derrick V. Burgess, Sr.: Yes, I am only trying to just tell the truth, Mr. Speaker — [Inaudible interjections] Hon. Derrick V. Burgess, Sr.: —because . . . well, let me put it this way —
Bermuda House of Assembly
The SpeakerThe SpeakerLet us not [impute] why people make decisions. Hon. Derrick V. Burgess, Sr.: Let me clear it up. The present Minister came here, attained st atus, and now he is the first Minister to hold that partic-ular position of Immigration Minister —a status Berm udian. And I can assure you …
Let us not [impute] why people make decisions.
Hon. Derrick V. Burgess, Sr.: Let me clear it up. The present Minister came here, attained st atus, and now he is the first Minister to hold that partic-ular position of Immigration Minister —a status Berm udian. And I can assure you he has at least three passports. Now, Mr. Speaker —
[Inaudible interjection] Hon. Derrick V. Burgess, Sr.: No, I have two. I have two, I have Britain — [Inaudible interjection]
The SpeakerThe SpeakerSpeak to the Speaker, Honourable Member. Hon. Derrick V. Burgess, Sr. : Mr. Speaker, I have two of them; I have got a British passport. [Inaudible interjection] Hon. Derrick V. Burgess, Sr.: You asked . . . yes, he asked about one of our colleagues. We never said that any …
An Hon. Member An Hon. MemberExactly. Hon. Derrick V. Burgess, Sr.: I never said that. There are some that are Members of the PLP that have got three passports. There are some in that party that have got four. [Inaudible interjection] Hon. Derrick V. Burgess, Sr.: But not once did Paula Cox . . . …
Exactly. Hon. Derrick V. Burgess, Sr.: I never said that. There are some that are Members of the PLP that have got three passports. There are some in that party that have got four.
[Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: But not once did Paula Cox . . . I know this is who he is talking about. She did not marginalise the people of this country. We got term limits with the permission of the UK Government and they gave us that permission to do PRCs be-cause of our size. Because you know if you live in an EU country after five years you can apply, but you cannot here because of our size. Those that think they can make laws in the courts, you cannot go past that. And I can tell you, I would ask this Gover nment, I would plead for this Government to go to sleep and wake up!
[Inaudible interjections] Hon. Derrick V. Burgess, Sr.: Well, I would not say that, but they can wake up with some common sense to think about the people in this country. Think about the people that are unemployed, think about those that are making less, because when you continuously promote that the have- nots will have less, you will have problems, Mr. Speaker. The Bible even speaks about you take care of the poor. If you want a country to be safe, take care of your poor. You wonder why we are seeing daytime robberies. I am not in agreement with that. Do I under-stand it? I am trying to understand it. That is why I would . . . because criminals do not . . . they are not breaking in during the daylight, I do not think. I believe they are taught to operate in the dark when you are asleep. But now people are so desperate. When you see desperation, when people are robbing folks in the daytime —that is desperation. That is a message to us. People say, Oh, well, it is drugs, or this here, but when you can . . . when you . . . Mr. Speaker, you are doing it to me again.
[Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: No, I cannot be speaking. I am giving respect to the Speaker.
The SpeakerThe SpeakerThank you, Hono urable Member. Hon. Derrick V. Burgess, Sr.: Yes, and Mr. Speaker, if you have got a couple of mouths at home, and you have some children at home, and you do not have a job, you have no food, what do you think that father is going …
Thank you, Hono urable Member.
Hon. Derrick V. Burgess, Sr.: Yes, and Mr. Speaker, if you have got a couple of mouths at home, and you have some children at home, and you do not have a job, you have no food, what do you think that father is going to do? Mr. Speaker, one of my colleagues took me to a home in his district, and it was an elderly lady down there, she had headaches. The children were not g oing to school. I looked and they showed me the cab inets and the fridge with nothing in them. And—
An Hon. Member An Hon. MemberIn Ber muda? Hon. Derrick V. Burgess, Sr.: In Bermuda. And some of us think it is so nice and rosy, and yes it is to those that have. It is not so rosy for those that do not have. There are still children going to school without lunch. And …
In Ber muda? Hon. Derrick V. Burgess, Sr.: In Bermuda. And some of us think it is so nice and rosy, and yes it is to those that have. It is not so rosy for those that do not have. There are still children going to school without lunch. And some people would say, Well, she has got her nails done. She has got a phone. You have got a phone too. So why should they not have a phone? No matter how poor people are, women want to look nice. People want to feed their families. So I do not take that as an excuse. People say, She’s got four children and she’s not married. So what? I am a product of that too. You never know what these children can grow up to be. So, we have got to stop turning our noses up at people because they are poor . . . a young girl has got three or four children . . . turning our noses up. We have got to save those children because if we do not save those children, we are not going to be safe in this country. And my concern today and tomorrow is we have got to make sure our folks have got housing, 628 12 February 2016 Official Hansard Report
Bermuda House of Assembly they have got food and clothes because it is no good us out in public dining on lox and steaks and what have you . . . caviar and some people cannot even afford a slice of bread with jam on it. We have a responsibility in this country to take care of the poor and the elderly, and we are not doing a good job of it. And I am not blaming . . . I am not saying this just happened in 2012, it has been happening. So it is not any indictment on the present Government, but the present Government —the OBA Government —they are in place now. We need to fix this because it is getting worse. Again, when you see robberies and all this type of [antisocial] behaviour in daylight hours, you cannot just say, Well, that’s a police problem. It is more than a police problem. It is more than a police problem. Because what will happen next is they are going to start —and I pray to God that this does not happen —attacking visitors. Maybe they are doing that now. And we— none of us in this House— want that, on either side of the House. Mr. Speaker, the Government thinks they want to be expedient in giving status to people and doing all sorts of other things. But we have got to take care of our people first. We want the America’s Cup to be successful. We want tourism to be successful. We want thi s country to be successful. But you cannot have success if you have poor not being taken care of. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 17, MP Walton Brown. You have the floor.
Mr. Walton BrownThank you, Mr. Speaker. Let me first of all declare that I have one passport, only one passport. I have no intention of getting any other passport and I would actually r enounce my British citizenship, Mr. Speaker, if it would not render me stateless —the very reason why I …
Mr. Walton BrownThat is not sufficient. I would r enounce my British citizenship tomorrow if it would not render me stat eless. Mr. Speaker, a week ago this Government proposed some of the most dramatic immigration legislation ever in this country —ever. I took to social m edia, Mr. Speaker —Facebook —to …
That is not sufficient. I would r enounce my British citizenship tomorrow if it would not render me stat eless. Mr. Speaker, a week ago this Government proposed some of the most dramatic immigration legislation ever in this country —ever. I took to social m edia, Mr. Speaker —Facebook —to make a few comments about the proposed legislation. I posed a question whether or not the Government had lost its mind. I also rendered a description of it, Mr. Speaker, which I suspect if I rendered that description here you would rule it as unparliamentary language. But the first word is “bull” . . . I will not finish the rest. I used deliberately evocative language, Mr. Speaker, because that is how offensive those proposals are. I was intrigued that there were people who were actually more concerned about my use of offen-sive language than the actual offence that the pr oposals represent. So, Mr. Speaker, I looked at the Royal G azette. I published that statement, and within 10 minutes the Royal Gazette called me up, as I expected, Mr. Brown we’re running a story based on your comment on Facebook, do you care to co mment? I knew what they were going to do. The next day I put down 10 points for reflection that represent-ed a more sober assessment of these proposed legi slative changes. I have not seen those yet in the G azette. So what then is the objective of the Royal G azette when it comes to these kinds of issues? Is it to fan the flames of emotional rhetoric or are they really interested in contributing to a substantial debate on such a contentious issue? Let the public make that decision. Mr. Speaker, the proposals that the Gover nment has advanced are reminiscent of the proposals that were put into place in the 1960s. I do not know anyone in this country, save for a very small minority, who would not argue that in the 1960s the policies put in place from an immigration standpoint had a racial and political motivation. I have heard the substantive Minister acknowledge that there was clear political motivation and racial motivation in the policies and legislation passed in the 1960s with regard to imm igration policy. What we see being proposed today is a replica of that. You know, the great social scientist, Karl Marx, once said that history repeats itself first as trag-edy (as it was in the 1960s), today as farce, because it is a farce that a Government which says it is com-mitted to addressing the issues of the people of this country will countenance putting such bizarre, divisive legislation in place, unless you understand the motiva-tion. The motivation today is exactly what the motiv ation was in the 1960s. There is no difference. There is no difference. Mr. Speaker, if you will permit me, I would like to quote from a statement made in January 2013 by the Minister for Home Affairs, Minister Fahy. A press statement on term limits, and I quote, “no matter what direction we ultimately decide to move in . . . work permit holders will be required to sign a declaration confirming their understanding that the work permit holder understands that Bermuda law does not confer rights of permanent residence and that the holder has no expectation of such residence.” That was 2013, Mr. Speaker. An emphatic comment by the Minister of Home Affairs in response
Bermuda House of Assembly to a growing concern in the populace about what they are doing with immigration. Remember, Mr. Speaker, prior to the 2012 election the OBA party gave a solemn declaration that they would review term limit policy and then in two years come up with a decision. Within one month of gaining power this Government abolished term limits, and then the Minister gave this comment that it would lead to no expectation of permanent residency. My, how times have changed. Or it is simply that we are getting closer to the election, Mr. Speak-er? In order to appreciate the racial component and the political component of the proposed legisl ation we need to reflect on the Job Makers Act. Yes, the Job Makers Act was first passed under the PLP. And in that Job Makers Act it created a pathway to PRC only for senior executives in the private sector. So nobody worked for government, no non- private sector entity had people eligible for PRC status. The PLP had limited that group, that number by compa-nies to five, a maximum of five. The OBA, in its wisdom (or in its political machinations) amended this legislation and said we would reduce the cost of PRC certificates from $125,000 to $20,000 and then gave the Minister authority to decide how many persons per company could apply for and receive PRC status. So the Minis-ter opened it up. And I want every Member in this Par-liament to realise what your Government is proposing to do. Opened it up, so now it is open. What is the demographic makeup of the persons eligible under the current legislation for PRC st atus? Go to government data. If you look at the dem ographic profile of those persons eligible for PRC st atus, 73 per cent are white, 8 per cent are black. The Government knows that because it is government d ata. These individuals are qualified for and will receive PRC status under the proposed plans and will also be entitled to Bermuda status. And because everyone supports a policy which says you should not fragment families, you are going to see that number mushroom. There is an explicit political agenda. Make no mistake about it, because there is no rational reason why a Government, which gave a firm commitment in 2013 that residents here on a work permit . . . con-veyed no expectation of permanent residence. For the Government to now say there is some human rights violation, and to hoodwink the public, they throw these terms like the European Convention on Human Rights . Well, who read the European Convention on Human Rights? Because there is absolutely nothing in that Convention that speaks about anyone being guaranteed right to citizenship in a country. First of all, there is no such thing as a Berm udian citizen, so you are not calling them Bermudian citizens. There is no such thing as a Bermudian cit izen. So if you are talking about British citizenship, well, the British can give whoever they want citizenship, that is up to them. But this Government has inferred that there is some obligation under the European Convention on Human Rights. Yes, that Convention does speak to the importance of the families, but they have clouded it deliberately so that when they get accused of not respecting the . . . that the Human Rights Convent ion has nothing to do with it, they will say, No, no, we’re talking about the family. But that is not how the public understands it. What they also do not say about the European Convention on Human Rights is that it says whe never that Convention is extended to colonies or other territories under administration, that you should be mindful of local circumstances. Where is that? Where is the mindfulness of local circumstances? It is a bla-tant attempt to manipulate status grants for political purposes because there is no need to have the rush. Their Honourable Member Scott said today at the very minimum it should be staggered. It should be staggered. Do you know why? Because every country of the world that has populations coming in, they have quotas in place. You do not alter your electoral lan dscape by 10 per cent when we win or lose elections by 20 votes. What responsible Government does that if they do not have an agenda? So the public needs to understand that. Mr. Speaker, you know [how] I and my co lleagues have pleaded with this Government for a collaborative approach to immigration reform, precisely because it is so divisive, precisely because it is so emotional. Yes, and I can hear the snide cynical r emarks from the other side, but I can assure you . . . I can assure you —
Hon. Trevor G. Moniz: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORDER Hon. Trevor G. Moniz: There were no snide remarks. I take the Member’s — [Inaudible interjection] Hon. Trevor G. Moniz: No, I take the Member’s comments quite seriously. I am discussing a point of merit, nothing cynical.
Mr. Walton BrownMr. Speaker, so we have made repeated, sincere efforts to have collaboration b ecause if we have one party doing exactly what it wis hes, when the other party gets in it is going to do exac tly as it wishes. What kind of way is that to govern and …
Mr. Speaker, so we have made repeated, sincere efforts to have collaboration b ecause if we have one party doing exactly what it wis hes, when the other party gets in it is going to do exac tly as it wishes. What kind of way is that to govern and have laws and policies around something as sensitive as the immigration policy? It should not swing from 630 12 February 2016 Official Hansard Report
Bermuda House of Assembly one extreme to the other depending on who is in po wer. I was listening to a speech by President Obama one day this week. He made a very cogent point. He said (and I will try to get the essence of it) that if you are not prepared to compromise, then you cannot govern. If you are not prepared to compr omise, yo u cannot govern. And the essence of co mpromise in this Government will make issues of gov-ernance a question because the public —a significant percentage of this country —is up in arms about the proposed immigration reforms. You saw an example of that today, Mr. Speaker. And there are people— and I put myself in that camp —who will resolve to extra parliamentary means to have that measure of discontent reflected. Civil di sobedience is a legitimate part of the democratic sy stem. It does not mean violence. It does not mean that anyone is going to get attacked. Was it not the whole essence of Dr. Martin Luther King, which everyone likes to celebrate? His whole campaign was civil dis obedience to achieve an objective. When the lawmak-ers refuse to listen, there has to be a response from the public. And I can guarantee you, Mr. Speaker, you are going to see an increase in acts of civil disobed ience around this issue unless the Government is pr epared to sit down and act rationally . . . unless they are prepared to sit down and act rationally. We have immigration policies in place which demean foreign workers, which lower their wages, which therefore make it more difficult for Bermudians to get work because the wage scales are going down. We have contrived ads that employers create to deny Bermudians opportunities. So you want to take the contrived ads, you abolish term limits, you get con-trived ads, you get employers that want to hire people and deny Bermudians the opportunities, and then you say they are entitled to PRC status and then status, without any quotas in place. Why on earth would you do that? I heard the Government talk about the need to have more people coming into the Island because the population birth rate is low. Where is the effort to get the 3,000, 4,000, or 5,000 Bermudians who are u nemployed back to work? Because if they are working, the economy is going to be stronger. So it is illogical. It belies belief that the Government has a sincere effort to focus on the people of this country if they are not even prepared to talk about the unemployed and the need to get them working because bringing in people in and of itself is not going to do it. How much time do I have left, Mr. Speaker?
Mr. Walton BrownAlmost seven minutes, great. I will not be much longer. You know, it just so happens, Mr. Speaker, that I received a very depressing e- mail at 9:03 tonight from a young lady, a single mother. I spent a lot of time with her last year trying to help her …
Almost seven minutes, great. I will not be much longer. You know, it just so happens, Mr. Speaker, that I received a very depressing e- mail at 9:03 tonight from a young lady, a single mother. I spent a lot of time with her last year trying to help her to get work. She was abused in the workplace, blacklisted, she waited too long to go to human rights, so she passed the six -month expiration date for filing a complaint. I talked to her boss. He said basically get a lawyer if you want to fight me. She has no money to hire a la wyer. So she writes, “Just wanted to give you an up-date. I decided to leave Bermuda because it seemed as if there was honestly no future for my son and I. I continue to monitor the situation back home and even torment myself by looking in the job section for a suitable job. It is clear to me that I have made the right decision because the situation for the native Bermudi-an, particularly black, has become dire.” And I will not read anymore. So, Mr. Speaker, we have all this compassion, it seems, from the Government side for those people who have been here on work permits, who the Gov-ernment said have no reasonable expectation to get a PRC or Bermuda status, and the Government will ex-tol all of the virtues of adhering to best practices internationally w ith regard to human rights, but not one word—not one word— about this young lady who feels compelled to leave her own country. What kind of a Government do we have? What kind of a Government do we have, Mr. Speaker? I say one last word to this Government ab out immigration. Pull back from your dangerous position. Listen to the clear sentiment expressed by many, many people in this country. You may hear me speak a lot. I can take the abuse. Other people feel the same way, they are just are not going to stand up, but they will act. And so, Mr. Speaker, for the sake of this country I implore the Government —stop the lunacy on these issues, sit down, work together, come up with sensible, workable plans of action. Because if you do not, the ire, the outrage that is brewing in this country will continue to grow and we will all rue the day we did not act decisively to address these issues. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Attorney General. Attorney General Trevor Moniz, you have the floor. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I listened very carefully to that Honourable Member as I always do. He has great substance in his remarks. I do …
Thank you, Honourable Member. The Chair will recognise the Attorney General. Attorney General Trevor Moniz, you have the floor.
Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker. I listened very carefully to that Honourable Member as I always do. He has great substance in his remarks. I do not always agree with the opinions that he arrives at at the end of his analysis of the situation. And I recognise that he was extremely emotional
Bermuda House of Assembly about this issue when the announcement was first made. And I forgive him for that. I understand that. I get that. And he then, the next day —
Mr. Walton BrownMr. Speaker — Hon. Trevor G. Moniz: —the next day he—
Mr. Walton BrownMr. Speaker — Hon. Trevor G. Moniz: —he drew back from that.
The SpeakerThe SpeakerJust a minute, Honourable Member. Hon. Trevor G. Moniz: Does he have a point of order?
The SpeakerThe SpeakerYes, he said point of order.
Mr. Walton BrownMy point of order is I do not need forgiveness. Hon. Trevor G. Moniz: That is not a point of order.
The SpeakerThe SpeakerThat is not a point of order. Hon. Trevor G. Moniz: I give it to you even though you do not need it; I still give you forgiveness. The next day he clarified and said he had ac ted in haste on the moment, that he was then acting on …
That is not a point of order. Hon. Trevor G. Moniz: I give it to you even though you do not need it; I still give you forgiveness. The next day he clarified and said he had ac ted in haste on the moment, that he was then acting on reflection and making specific points, which he made the nex t day. But he said some harsh words, he said some unfair words, he used harsh language, but nev-ertheless the next day he did lay out his points. And those points will be answered. But let us step back from the emotion of the situation and let us analyse the situation. The one thing upon which, I think, the Honourable Member has always agreed is the need for comprehensive imm igration reform. He was a consistent parliamentarian to call for the need for comprehensive immigration r eform. Now, you will underst and that when the OBA received this mandate to govern Bermuda in 2012 we had an economy that was in a shambles. We had a large national debt, we were in the middle of a very stagnant recession, people did not have jobs, and employment was declining. So we were told, Your job is to fix the economy . And as the Finance Minister has often said, Turning around an economy is very much like turning around an aircraft carrier, it takes a long time, it does not happen overnight. So in order to change those things it takes years. You can take i mmediate steps for the economy, but to see the result of those steps takes a long time. And we are doing that. And I think the Honourable Member from constituency 5 who spoke so passionately earlier said that they want the America’s Cup to succeed. And we think it is a great initiative, Bermuda is very lucky to have it, it will stimulate the economy, it will produce jobs, and it will rebrand Bermuda as a tourism prod-uct. Also there are the initiatives and we all know about those initiatives. Some of them like hotels the Opposition agree with. Some of them like the new air-port terminal the Opposition have more difficulty with. But nevertheless, you can see we are trying to stim ulate the economy in a variety of ways.
[Inaudible int erjections] Hon. Trevor G. Moniz: And of course the proof of the pudding will be in how many jobs those produce and how it stimulates the economy, and I accept that. You know the jury is out and we will be judged on that accordingly as the Honourable Member who is new to the House was . . . you are jumping in and saying, Oh well, you know —they used to say a bull in a hurry never made a calf —saying, Oh, well, you have to be judged today. Well these things in the economy take time. We believe the economy is turning around. We see green shoots. We see the economy being stimulated, not as much as we want. We know people are still suffering out there. We recognise that people are still unemployed and underemployed and suffering, and we are doing our best. We have compassion, we are doing our best, and we are putting the money and the initiatives where we believe that they are going to pr oduce the most stimuli for this economy in the midterm. It is not going to be tomorrow, it is not going to be next week. You will see some improvement, but it will occur over time. Now with respect to the immigration here, I urge calmness on people as I do with the other heated subject we are discussing of civil unions. I urge calm. I urge level heads and not emotional calls to, in this case, civil disobedience. I do not think that any of us are proud of what we saw today, this morning, in the public Gallery.
An Hon. Member An Hon. MemberSpeak for yourself! [Inaudible interjections] Hon. Trevor G. Moniz: I think it is a terrible thing. It was in breach — [Inaudible interjections] [Gavel] Hon. Trevor G. Moniz: It was in breach of the rules of the House. It was disgusting. And all those people 632 12 February 2016 Official …
Speak for yourself! [Inaudible interjections] Hon. Trevor G. Moniz: I think it is a terrible thing. It was in breach —
[Inaudible interjections]
[Gavel] Hon. Trevor G. Moniz: It was in breach of the rules of the House. It was disgusting. And all those people 632 12 February 2016 Official Hansard Report
Bermuda House of Assembly who took part in that should be barred from this House. [Inaudible interjections] Hon. Trevor G. M oniz: They should not be welcomed back in this House. And those sort of actions — [Inaudible interjections] [Gavel]
The SpeakerThe SpeakerNow, Honourable Member. Carry on, Minister. Hon. Trevor G. Moniz: Thank you, Mr. Speaker. Those sorts of actions do not help further a democratic society. Now, the simple matter is, with this particular issue, with pathways to status, we will be holding public meetings this coming week and ob-viously people …
Now, Honourable Member. Carry on, Minister.
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. Those sorts of actions do not help further a democratic society. Now, the simple matter is, with this particular issue, with pathways to status, we will be holding public meetings this coming week and ob-viously people will have their say. We will be consul ting the public. With respect to the numbers, we will see what the numbers are. In terms of what the Honourable Member was suggesting, I think, he also was talking about quotas. And I think he . . . I do not quite agree, you know, when he is talking about people setting quotas, normally quotas are set with respect to people who are immigrants in terms of refugees. When you are talking about work permit holders —
Mr. Walton BrownPoint of clarification. Hon. Trevor G. Moniz: I will accept that.
Mr. Walton BrownThe clarification is that most countries have quotas for the number of people they wish to allow to come to their country and live on a regular basis. They are not necessarily refugees. They just have a quota system by which they allow certain numbers to come into their country …
The clarification is that most countries have quotas for the number of people they wish to allow to come to their country and live on a regular basis. They are not necessarily refugees. They just have a quota system by which they allow certain numbers to come into their country and r eceive residency and then citizenship. Hon. Trevor G. Moniz: Well, we will agree to differ on that. I do not agree with the Honourable Member with respect to people who come to countries to work be-cause most countries . . . they bring in the number of people they need to do jobs, they do not set an arbitrary number on it.
[Inaudible interjections] Hon. Trevor G. Moniz: Otherwise you run in danger of stalling your economy because you had a partic ular—
The SpeakerThe SpeakerJust a minute, Honourable Member. Members in the audience need to sit still . Hon. Trevor G. Moniz: Now, Mr. Speaker, we have to remind the Members of the House and yourself and the listening public that the highest number of work permits ever was under the Opposition when they …
Just a minute, Honourable Member. Members in the audience need to sit still . Hon. Trevor G. Moniz: Now, Mr. Speaker, we have to remind the Members of the House and yourself and the listening public that the highest number of work permits ever was under the Opposition when they were the Government in 2008. That was the highest number of work permits that ever existed in Bermuda. And was that a bad thing? Was that a bad thing? No, it was not. It was a good thing because those people were stimulating the economy. We were in the middle of a boom and those workers were stimulating the economy.
[Inaudible interjections]
Hon. Trevor G. Moniz: And, In fact, that was the first time that we had a situation where more than 50 per cent of construction workers were non- Bermudians, were guest workers who came in. Was that a bad thing? No, that was a good thing because that stim ulated the economy. [Inaudible interjections]
The SpeakerThe SpeakerJust a minute, Honourable Member. Honourable Member, just a minute. Honourable Member Roban, I ask you to cease . . . Carry on, Attorney General. Hon. Tr evor G. Moniz: Thank you, Mr. Speaker. I am quite pleased that I am not boring Members, they are enthusiastic and want to …
Just a minute, Honourable Member. Honourable Member, just a minute. Honourable Member Roban, I ask you to cease . . . Carry on, Attorney General.
Hon. Tr evor G. Moniz: Thank you, Mr. Speaker. I am quite pleased that I am not boring Members, they are enthusiastic and want to participate in the debate. So as long as they refrain from being too impolite, I can take a bit of barracking. I understand people’s concern. I understand the calculation of the number. I do not accept —
[Inaudible interjections and crosstalk] Hon. Trevor G. Moniz: Mr. Speaker, so I ask Members to give us time to roll out the numbers, give us time to consult with the public, stop panicking, do not be too melodramatic, listen to the arguments, let us debate them in this place at the appropriate time when the matters come up, and I think you will find that . . . you will see how this makes sense.
Bermuda House of Assembly It was the PLP when they were Government who were decrying the —and quite properly —decrying the hollowing out of the Bermudian population. I r emember the then- Honourable Member Patrice Minors, as a Minister, complaining about it in this House, sa ying that Oh, we have a declining birth rate. We have an ageing population. What do we do about it? She did not have a solution. The PLP did not have a sol ution for that. We are trying to work on the solution. Members of the public, Members of the O pposition, will know that we have looked at commercial immigration where you get wealthy individuals to come in who are going to pay substantial amounts of money to come into your country. It had worked for some other jurisdictions. Some to the south had tried that, I think, Antigua and places like that, and even, I think, Malta did it very successfully. But those places had something more to offer than we did in the sense that you could get in immediately. With us, because of the requirements for naturalisation under the British Nationality Act, you had a situation where people had to be here for five years. When we took advice and studied the figures, it did not work out for us. You would have had to bring in a huge number of people at a relatively low investment rate in order for it to work for us. And we recognise, as the Opposition do, Bermuda cannot take all of those new people. It is not possible. So that did not work out. But this was still out there in terms of the people that we have here now. We actually believe that the numbers for this are quite small and we are wor king on finalising those numbers. It is unfortunate in those circumstances that the mini- census, the halfway census that was meant to be held in 2015, has not been held yet. It is going to be held this year. And it will be interesting to see because what happened here is the number of work permits had been falling. Falling, in fact, I believe since 2008. So even the fig-ures we have from the full census in 2010 are way off base because those figures have been declining in the five years since 2010, even if they might have picked up recently. Members will know that we had the . . . as a result of the Carne/Correia case we had those people who were entitled to apply for status. In that case the Opposition were making all sorts of claims. In some cases figures were put out there as high as 6,000 people would be coming into Bermuda and they were panicking the general population with these figures.
The SpeakerThe SpeakerYes, Honourable Member. POINT OF ORD ER [Misleading]
Mr. Walter H. RobanThe Honourable Member is misleading the House. At no time did the Opposition put out any figures around 6,000. And certainly we did not contribute to the panicking of the people. So the Honourable Member is misleading the House.
The SpeakerThe SpeakerAll right. Thank you, Honourable Member. Hon. Trevor G. Moniz: Well, I think we will have to agree to differ on that, Mr. Speaker. But in any case, inflated numbers were put out there, significantly inflated numbers were put out there and at the end of the day, best we …
All right. Thank you, Honourable Member.
Hon. Trevor G. Moniz: Well, I think we will have to agree to differ on that, Mr. Speaker. But in any case, inflated numbers were put out there, significantly inflated numbers were put out there and at the end of the day, best we have the fig-ures now, there were probably about 1,500 people who would have qualified and something more than 700 . . . who have now, I guess, a year and a half later, have made application. So we are working on that. So, generally speaking, what we see is that about half the number who qualify under these am-nesties or provisions are the ones who actually qualify . . . who actually apply. And we expect that going forward under this. We do not have concrete numbers now, but we are looking at initial numbers in the hun-dreds, in my view. But we will try and firm up those numbers as we go forward. The numbers in the future we expect to be relatively small. Certainly, nothing that would be likely to affect the outcome of an election. You know, these things are very small. And one looks at the 1990s and some Members —
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER [Misleading]
Mr. R olfe CommissiongThe Member is misleading the House, in my opinion. The Minister himself said that you could also look forward to at least 200 gaining status per year. He said that publicly.
The SpeakerThe SpeakerAll right. Thank you. Hon. Trevor G. Moniz: Mr. Speaker, that Honourable Member is quite correct, but we do not have firm numbers yet. And when we do, you may find that those numbers are even lower than that. But let us pass — [Inaudible interjections] Hon. Trevor G. Moniz: …
All right. Thank you. Hon. Trevor G. Moniz: Mr. Speaker, that Honourable Member is quite correct, but we do not have firm numbers yet. And when we do, you may find that those numbers are even lower than that. But let us pass —
[Inaudible interjections] Hon. Trevor G. Moniz: Well, wait to hear them. Wait to hear them. [Inaudible interjections]
634 12 February 2016 Official Hansard Report
Bermuda House of Assembly Hon. Trevor G. Moniz: Do not panic. Do not panic, just wait. Wait for the facts. Wait for the facts.
[Inaudible interjections] Hon. Trevor G. Moniz: Wait for the facts before you jump to any conclusions. So w e will be working on those numbers going forward and we think you will find that they will not be nearly as high. And the idea that these people will be flooding in is not the case, obviously, there are not people flooding in because they are people who ha ve been here in Bermuda for a minimum of 20 years in order to gain their status. So they keep imagining these floods of people coming in. It is not the case. They are already here, they are your friends, they are your neighbours, they are here already, they are assimilated to our comm unity. What we want to do is we want to keep those people who are here because they are paying into our social insurance plan, they are paying for medical i nsurance, they are paying into all the pensions, they are supporting our social safety net in this country for our ageing population —Bermudians are not replacing themselves and, therefore, we need support for that safety net, for pensions. There is a huge shortfall in the pensions and those who complained earlier t onight that Government has not increased the pe nsions. Well, what are we supposed to increase the pensions with? You know, you want us to take money and go stimulate the economy and on the same hand you want us to say, Well, put the money here, put the money there. It is easy to say, but when they were Government it did not happen, and it did not happen for a reason. And now we are going to solve those pro blems and all I ask for is to take the temperature down, wait for us to bring out more figures. We are out ther e with consultation. We are agreed on the need for comprehensive immigration reform, and we actually think this is something that will dislocate the economy and the people of Bermuda the least. Members, some Members, will remember that back in the 1990s we had an amnesty. In 1994, we had amnesties, and we had people coming in and getting status. Did it change the result of the 1998 election in favour of a UBP Government? No. That is not going to be the case now. If you bring in a number of voters, it is never going to match. If you do a poor job, it is never going to match the number of people who . . . as a new Member to the House said today, all these people who said that they decided that they had made a mi stake in 2012 and they were going to vote for the PLP next time. Well, if we do not do a good job they are going to do that and that number is going to far over-whelm these few hundreds of people here. But those people, if they stay, have life savings. If they buy a house, if they invest in this econo-my it is going to result in the appointment of Bermudians and it is going to help all of us. It is going to lift all boats, Mr. Speaker. And all I ask is for people give time for sane, unemotional discussion on this new initiative. I especially urge that on my friend, Walton Brown. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member from constituency 33, MP Jamahl Simmons. You have the floor.
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. Mr. Speaker, in 1938 my grandfather came to this country from Jamaica. He technically came on a work permit. He was brought in by my great - grandfather, Mr. Henry Dowling because at the time the oligarchy did not believe in providing adequate education for black …
Thank you, Mr. Speaker. Mr. Speaker, in 1938 my grandfather came to this country from Jamaica. He technically came on a work permit. He was brought in by my great - grandfather, Mr. Henry Dowling because at the time the oligarchy did not believe in providing adequate education for black Bermudians. So wealthy black Bermudians went out to the Caribbean and brought people of calibre and people of character . . . I believe the Honourable Deputy Premier’s father — Hon. Trevor G. Moniz: Point of order, Mr. Speaker.
Mr. Jamahl S. SimmonsWhat? POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: That Honourable Member is entirely misleading the House—
The SpeakerThe SpeakerHonourable Member, Honourable Member — Hon. T revor G. Moniz: That Honourable Member said my family was not here, and he is wrong. He is absolutely wrong. My family has been here much longer than that.
An Hon. Member An Hon. MemberWhat is your point of order? Hon. Trevor G. Moniz: My point of order is that it w as not education for black people. My mother had to leave school at the age of 12. So do not tell me it was just black people. [Inaudible interjections]
The SpeakerThe SpeakerThank you, Honourable Member. Bermuda House of Assembly Hon. Trevor G. Moniz: It is not true . . . [Inaudible i nterjections]
The SpeakerThe SpeakerJust a minute. Have a seat. Have a seat. No. No. No. [Inaudible interjections]
The SpeakerThe SpeakerHonourable Members —all Honourable Members —all Honourable Members —let us have some respect. [Inaudible interjections]
The SpeakerThe SpeakerYes, respect. Honourable Member, carry on, please.
Mr. Jamahl S. SimmonsThank you very much, Mr. Speaker. Mr. Speaker, my great -grandfather had gold in his pocket and went to the Caribbean with other wealthy black Bermudians to raise the educational standard of my people. I know some people get upset when they say it, but “my people.” Mr. Speaker, he …
Thank you very much, Mr. Speaker. Mr. Speaker, my great -grandfather had gold in his pocket and went to the Caribbean with other wealthy black Bermudians to raise the educational standard of my people. I know some people get upset when they say it, but “my people.” Mr. Speaker, he came from Jamaica not for surf, sand, spouse. He came here as the son of plan-tation owners. He did not come here to improve his life. He came here to help elevate the condition of my people. When he came here, he became a part of the community. He embraced the community. He started Bermuda’s first PTA. He wrote West End School’s song. He helped set up the first interschool sports. This is the contribution that people who have come from other countries have made to our land. But he always believed, as a Jamaican—as a proud Jamaican— that he was Jamaican, even when he was able to vote, even when he was able to own land, all of that stuff (because he came in the 1930s). He left a country where he was a free man—a free man—and came here to put up with this backwards, racist country to help elevate the condition of my pe ople. Mr. Speaker, I say this to say that our history is replete with people who have come here and el evated the condition of the people of Bermuda. Our history is full of people —Portuguese, African, Cari bbean, American, Canadian, British, you name it —who have made our country better, Mr. Speaker. Mr. Speaker, when I think of my grandfather and when he came to this country, he respected Ber-mudians. He never viewed himself as better than a Bermudian because he was a guest. Even to the day he died, at age 85, he was a guest. As a guest, he showed respect for t he people of the land that he had embraced as his home. What is missing from this equation —and what has been missing for a very long time—is respect. People talk about Bermudians having a sense of ent itlement and, Mr. Speaker, nobody has a greater sense of entitlement than people who come here on a work permit and think that they deserve citizenship. It is criminal, Mr. Speaker. You deserve it? You do not deserve anything. You chose to come here. You chose to come here to improve your life. You came here for a salary. You came here for a spouse. You came here for surf and sand to improve your life. You need to respect —respect! —the land that you embraced. We do not have that. We have a country —probably the only country in the world— where it is acceptable to say to the pe ople in this country, You are not entitled to a darn thing. You are not entitled to a job. You are not entitled to a livelihood. You are not entitled to anything. I can tell you, Mr. Speaker, when I was working in the Caribbean two years ago, people would approach me and say, What is wrong with Bermudians? What is wrong with you? Why are you so backwards? Why do you have Ministers of Government saying you are not ent itled to a job as a Bermudian? Do you know what they say, Mr. Speaker? They say that once, and they never say it again because those people have respect for themselves. And because they have respect for them-selves, they command respect. Mr. Speaker, my people are a peaceful people. We are a tolerant people. We have mastered the art of turning the other cheek. But as George Jackson of the Black Panthers once said, Patience . . . patience can be weakness. Mr. Speaker, I am not going to waste my breath talking to the OBA. They are the ideological, genetic and political descendants of the wicked demons —the wicked demons who used political po wer—
The SpeakerThe SpeakerLet us use better language. Wicked demons is not appropriate. [Inaudible interjections]
The SpeakerThe SpeakerOkay, Honourable Member — [Inaudible interjections]
The SpeakerThe SpeakerCarry on, but you need to withdraw that. Withdraw that and carry on.
Mr. Jamahl S. SimmonsLet’s put it this way. 636 12 February 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Carry on, Honourable Member. [Inaudible interjections]
The SpeakerThe SpeakerHonourable Member, Honourable Member, would you please —
An Hon. Member An Hon. MemberGo make some pancakes? [Inaudible interjections]
Mr. Jamahl S. SimmonsMr. Speaker, all I will say is we as a people have embraced anyone who comes to our shores. We have embraced them. But in return what have we received? We have received disr espect, we have received racism, we have received intolerance, we have received discrimination—that is what we …
Mr. Speaker, all I will say is we as a people have embraced anyone who comes to our shores. We have embraced them. But in return what have we received? We have received disr espect, we have received racism, we have received intolerance, we have received discrimination—that is what we have received, Mr. Speaker. We live in a country where there are black Bermudians who go and get an education and come home and have to have a white foreign boss with less education than them. Mr. Speaker, we have a share of that as well. We have a share of that as well. We have made some mistakes as well in terms of immigration and letting any old body in here sometimes. But, Mr. Speaker, what I want to get to is this: I will not waste my breath appealing to the conscience of the One Bermuda Alliance. I will not waste my breath appeal-ing to the soul of the One Bermuda Alliance. The agenda is the same as it has ever been and they may not like what I call their ancestors and their political predecessors and their political forebears, but they are what they are, and the agenda is the same. The agenda is the same. It is the same. When I hear the Honourable Member who just took his seat say, Trust; just be patient, this is the same political party that said they would not do what they are doing now. This is the same polit ical party that said, We will suspend term limits, not scrap them . This is the same political party that did not have the courage or conviction to put same sex marriage on their platform, and now they are pushing agendas r epeatedly that they did not have the courage to take to the voters at the polls. They claim to have a mandate. A mandate for what? You said that you would not do certain things that you have done. If you had honour . . . an honour-able government in the Westminster system that changes thei r agenda from their platform goes to the polls. They go to the polls and say, You know what? We have decided we support same sex marriage. We have decided we are going to scrap term limits all t ogether. We have decided we are going to give status to hundreds, thousands, of people. But I do not expect that. I do not expect that from them. Mr. Speaker, I can tell you this. I am not pa ying to educate my children to come and beg for a job in their own country. I am not paying to educate my children to come here and the best they can hope for is a menial job. No! So we will fight. We will fight b ecause, Mr. Speaker, the country —the world— is full of people who no longer exist because they did not fight. They did not fight. The people of Easter Island do not exist anymore. The Aztecs, the Incas . . . they all tried to fight. They do not exist anymore. But I will tell you this—as long as there is breath in my body, Bermudians will exist. But the question I have for my people is this: Has the fight been bred out of us? Has the fight been bred out of us? Has the spirit, has the self -respect been taken from us so much? Mr. Speaker, if you look at our history, a black man who stood up was either killed, exiled, financially destroyed, reputationally de-stroyed and held up as an example and they said, Look, behave, or that could be you. Be nice. So today, we walk around saying to each other, Are you behaving yourself? Are you behaving yourself? We sit amongst each other and talk about the injustice we have seen in whisper s, even when those who are committing injustices are nowhere to be seen. We sit there like, you know, whispering. So the question I have is this: Do we have self -respect? Do we have dignity? Are we prepared to trust the word of those whose word has been br oken over and over and over again? Are we prepared to just leave our country? Are we prepared to be a vagabond people scouring the Earth hoping for a scratch where we do not itch, laughing when we are not happy? Is that the fate that we have for our childr en? No, Mr. Speaker! Bermuda—this country —is a backward country. It is a throwback to Rhodesia. It is a throwback to apartheid. It is unbalanced. I live in a country where I am the majority but, yet, I go to Government House and it looks like a Walton’s f amily reunion.
[Inaudible interjection and laughter]
Mr. Jamahl S. SimmonsThe Walton’s. Not your family, brother Walton, it is all right. But we say it is acceptable that our prison can be predominantly black because the population is predominantly bl ack—but yet somehow it is bizarre and unreal that when we go to the business sector it does not reflect …
The Walton’s. Not your family, brother Walton, it is all right. But we say it is acceptable that our prison can be predominantly black because the population is predominantly bl ack—but yet somehow it is bizarre and unreal that when we go to the business sector it does not reflect the population. Yet, if we go to our sister countries to the south, that we have been taught for so long are backwards, they run things, and they have pride and respect, and they take care of their own. A Minister of the Crown would never stand up and say, You are not entitled to a job in your community. They would never say it. The people respect themselves too much to listen to that foolishness from somebody who they put their “X” on the ballot for and put into office.
Bermuda House of Assembly Mr. Speaker, I am passionate about this issue because I know what this country could be. I know what a beautiful land this is, and I know why people want to flock here to live and work and stay forever. I know why. Have you seen the places some of these people come from? I mean, seriously! We only go there because we cannot get a job here. But trust me, those people would rather be here than where they came from. We welcome them, but what we are as king from those who come to our shores is to recognise that you are a guest. You are a guest in our home. You respect the people whose home you are visiting. I call on my people to have respect for themselves and to have a zero tolerance policy —a zero tolerance policy for any politician, Mr. Speaker, who will tell them they am going to add more people with status as PRCs because they have jobs already. They cannot take jobs from you because they have jobs already —while you sit there and cannot feed your family; while you sit there and cannot pay your bills. The Government is supposed to represent Bermudi-ans. I am telling you, we are a backwards country. We are a backwards country when it is acceptable to us that a Government can conduct itself in this way. Mr. Speaker, I know that our people are not a backwards people, truly. Our people are beginning to show signs of life. They have shown it at the polls in two by -elections. They have shown it and I know this: If there is any spirit in my people, if there is any justice . . . and I know, I know, I know, I know somebody is going to come back, He is racist. He is talking about “my people.” Understand this. Understand this, my brother, my people. I have one sitting in the audience right now who is a lot paler than me, whose family came here from England, who embraced the comm unity and became part of the community and made our community stronger because he has respected our community, and that is my brother, Graham Maule. I tell you, Bermudians —real B ermudians — truly do not see colour. Do you know why? Because we are like this . . . and not that superficial. I say hi to you, but I have never been to your house and I have never been to your church and I have never been an-ywhere. No, no, I am talking about we are like this — we play together. Real love. It is real. It is deep. It is beyond the superficial thing. That is what this country could become. It is what it could become but . . . but, we have allowed a culture to grow, to be cultivated, to be manufactured that says Bermudian is inferior, Bermudian is terrible —something you do not want to be associated with. So that has helped draw us away. We can all speak to the younger generations who cavort together and they date each other and all that, but when you see them go to the workforce, you see them go this way. You see them go this way. You see many of us —not all of us —relegated to blue collar jobs. Many of us are relegated to the lower tiers of society, and under the One Bermuda Alliance it is ge tting w orse because we are seeing the creation of a society of haves and have- nots—where the bulk of the haves are white and the bulk of the have- nots are black. You are not entitled to anything. Mr. Speaker, we deserve better than this. I am entitled. I am an educated, intelligent, pretty good-looking black man. All right? I refuse to believe when I have Bermudians who have accomplished great things in this country —something as simple as every night when we watch the evening news, it is Bermudians producing that. Fresh TV, Channel 82, it is Ber-mudians. That is something simple, right? But it is our people producing that. When we have anything up and down this Island, whether it is the planes that land, guided in by our Bermudian air traffic controllers . . . we are capable of great things. But we have to believe in ourselves and we have to have respect for ourselves. We have to stop taking any old foolishness that is ploughing us . . . we have to stop or we will cease to exist. Do you know how many children say to me , I am not coming home; I am not coming home. I work . . . and I am not ashamed to say this. I work security at nights because I cannot find any other job in my own country. The people who come to me—the black men and women who work in international b usiness —talk about how they are disrespected. They talk about the pain they feel and what they have to swallow in their own country —educated, qualified, capable people who have to teach their boss how to do their job, who have to be talked down to, who have to put up with this and they smile and they take it. Because, do you know what? That is what you have to do. If you want to be in that world, you have to play the game. But it does not have to be like that. It does not have to be like that. My dream is truly this: that we will see Bermudians of all races begin to see that Bermudian is not a bad thing. Bermudian does not equate to lazy. Bermudian does not equate to does -not-want -to-work. Bermudian does not equate to I -stay-home- in-bedwhen- it-rains. That is what I want us to see. Maybe if we start to see that —not just black Bermudians, not just white Bermudians, not just yellow Bermudians, Bermudians start to see that —we can reach our potential. When a business hires friends and family over somebody who is capable and qualified and just does not happen to look like them, the business becomes mediocre. This is what we see in Bermuda. We are not reaching our potential because we are not using all of our resources. We have become a mediocre country because of exclusion. But there is greatness within us that we can achieve. Mr. Speaker, the OBA has an agenda they are carrying forward, and I do not believe them. I do not believe them. I have no reason to believe them. I know there are some good people over there. There are some good people over there and I know they may mean well. But when you tell me that you intend to dramatically give away citizenship, when you tell 638 12 February 2016 Official Hansard Report
Bermuda House of Assembly me Bermudians are not entitled to jobs in our country, I do not trust you. I do not trust you for the good of my kids. I darn sure do not trust you for myself. All I ask of my people . . . it is not about PLP and OBA, it is not about that. It is about self -respect. It is about you ma king sure that the people you put your “X” for, work for you. That they do not tell you things like, Don’t worry. All the PRCs have jobs —
[Timer beeps]
Mr. Jamahl S. Simmons—so they are not taking jobs from you. Mr. Speaker, I would just like to co nclude really quickly — [Gavel]
The SpeakerThe SpeakerThe Chair will recognise the Honour able and Learned Member from constituency 31. The Learned Member, the Minister for Tourism and Transport, Mr. Crockwell. You have the floor. Hon. Shawn G. Crockwell: Thank you, Mr. Speaker. I would like to take on the remarks of the Honourable Member (who is …
The Chair will recognise the Honour able and Learned Member from constituency 31. The Learned Member, the Minister for Tourism and Transport, Mr. Crockwell. You have the floor. Hon. Shawn G. Crockwell: Thank you, Mr. Speaker. I would like to take on the remarks of the Honourable Member (who is no longer here right now) but I thought he spoke extremely well earlier. That is the Honourable Member from constituency 5, who I felt provided a balanced perspective when he was clear as he was talking about the struggles of those who are not as fortunate as others. He categorised them as the poor in our soci ety, and he said that these conditions did not start in 2012, Mr. Speaker. I appreciated that because when I hear Members take to their feet and talk about what they hear on the streets and people expressing their feelings of discontent . . . Mr. Speaker, no matter who is in power —PLP, OBA— if a man does not have a job he is going to be frustrated. He is going to complain , Mr. Speaker. He is going to be demanding more from the Government of the day. So the things that the Honourable Members of the Opposition are hearing on the street are the same things we heard on the street in 2010, 2011, and 2012. The same thing.
An H on. Member: Worse. Hon. Shawn G. Crockwell: People were stopping us and complaining in the exact same terms, Mr. Speaker. I can recall black contractors in this country stopping me on a regular basis saying, We have a black government but I cannot find w ork. All the time, Mr. Speaker. Let us not act like these challenges have just come to the fore. I firmly accept, Mr. Speaker, that members of our community are struggling. If you ca nnot pay the bills . . . I take exception to Honourable Members in this House that want to say that people on this side do not care. I am sure that I speak for many people in this House because our phone num-bers are out there. Our images are out there. People will come to us. I have had people that I have never had a conversati on with before in my life, Mr. Speaker, come to my office and say, Minister, I know you do not know me but I need money to pay my rent. Can you lend me $1,000? I have never had a conversation with this man before in my life. He said that he prayed— that is what he told me—he prayed and I came into his mind. Go see Minister Crockwell . That is what he said. We can laugh. This was the man’s plight and he humbled himself. I know who he is. He is a proud and recognisable member of our community and he came to my office and said, I’m struggling. I am sure that there are many Members of this Honourable House that have gone into their pockets to help somebody in the community [who is] suffering. You may have picked up the phone and called somebody you knew to try and get somebody a job or help somebody in the community to pay a bill, Mr. Speaker, family members. So I take exception to Honourable Members in this House trying to assert that we do not care about our fellow Bermudians, Mr. Speaker. This situation did not just emerge since the OBA became the Government. Yes, people are frus-trated and, yes, they are going to take their frustr ations out on the Government of the day. And what ex-asperates things, Mr. Speaker . . . and I understand it. We have been talking about political strategies. What exasperates things is the fact that the Opposition would use race to amplify their frustration. Yes, we saw certain things in the by -election in [constitue ncy] 13, and a message was sent to this Government, Mr. Speaker. We know that we have work to do. I said this in 2013 when we became the Government. I knew it was going to happen. It does not take a rocket scientist to figure it out. What we inherited, Mr. Speaker, was a serious situation. There was a reason Honourable Members on the other side lost the election in 2012. There was a reason! It just did not happen after three consec utive victories. It happened because the country was heading in the wrong direction. That is a fact. Our economy is in bad, and was in terrible, shape. A debt out of control, where we pay $170 million on the inter-est alone! We were in trouble. I knew that when we became the Government and we had to fix the problem . . . I was talking to some individuals the other day (because they stop us as well) and I know. I have friends who are saying the exact same things that Honourable Members on the other side are saying. They are frustrated. Doesn’t the
Bermuda House of Assembly OBA care about us? I can’t find a job. Why are you looking after PRCs? We hear it. I sat him down and we were talking and he said, You want furlough days from the civil servants. And you want to take this and take that . I said, Well, let’s talk about the economic challenge that we have. I started to explain not the debt —let us park the debt, the $2- point -whate ver billion that it is. Let us park it — that we pay $170 million . . . let us wrap our minds around that. By 2017 our interest on debt may be our highest expenditure of the Government. More than any government ministry! Let us wrap our mind around the inter est. I sat down and I said let us talk about the def icit. I said, Do you realise that when the OBA Gover nment assumed power we had a $330 million deficit? I said, Let’s try to bring this into practical terms. I star ted to talk about how much do you earn a month. Then I said, Imagine if your expenditure was so much more. So let us say that you earned $2,000 per month (just using any figures) and your expenditure is $6,000 a month. You have a monthly deficit of $4,000. I said, We inherited a $330 million deficit. And with all of the difficult decisions we have had to make, with all of the cutting and SAGE report, and everything else — furlough days and marches —we have reduced our deficit by $100 million. Wow! That is a lot of money. But we have $200 million to go, Mr. Speaker. What that means is that (and this is the difficulty for this side of the House) there is more pain to come. There is more pain to come. We are not going to fix the problem without pain. I used the example in 2013. It is like, you know . . . and you cannot blame this Government for putting us in this mess. You want to blame the global economy. You want to blame whatever you want to blame. You cannot blame this Government. We had nothing to do . . . this Government had nothing to do with the state of the economy, Mr. Speaker. Nothing to do with it. When the PLP became the Government it was a healthy economy. They had years of boom —
An Hon. Member An Hon. MemberTen years. Hon. Shawn G. Crockwell: — and success. The Honourable Member said 10 years. Now (an d I am not going to get into this. I will let the economists get into this) the question has a lways been, What did you do with those boom years? How did …
Ten years. Hon. Shawn G. Crockwell: — and success. The Honourable Member said 10 years. Now (an d I am not going to get into this. I will let the economists get into this) the question has a lways been, What did you do with those boom years? How did you manage those record revenues? That is the question when you want to start talking about mismanagement because there were boom years. Was there some segregate . . . were we saving during the boom years, Mr. Speaker? So we had from 2008 when we did have the global issues, and we had our own issues, we started to go into one of the worst r ecessions in our modern history. That is what this Go vernment inherited in December 2012, Mr. Speaker. I said in 2013 that if a man is seriously ill because he has made bad choices, whether it is abuse of alcohol, abuse of other substances, whatever the case may be, he has made himself seriously ill. He may have gotten cancer or some other disease and he goes to the doctor and says, You have to fix me doctor. And the doctor says, I may have to give you some very unpleasant chemotherapy or I may have to give you some other treatment that is not going to be too enjoyable. Anybody that has had any type of il lness would know that sometimes the treatment can be unpleasant. You cannot blame the doctor for the painful remedy, Mr. Speaker. But sometimes we do. When we became the Government I knew that b ecause we have such a difficult issue to fix and b ecause the remedy is going to be painful, people are going to be upset. They are going to forget how we got here and they are going to just focus on who is providing the painful remedy . Mr. Speaker, without a doubt a message was sent in the by -election, and we will have to adjust and we will have to communicate better. We have to ex-plain our realities to the electorate and what we will have to do, Mr. Speaker, to get out of it. I have heard people say that we need to take care of the poor. Mr. Speaker, this Government has increased its financial assistance budget when we have been trying to cut budgets. We have increased our financial assistance budget by almost $20 million. The Honourable Minister responsible could correct me later; I think it is in that figure. We are spending $60 million thereabouts on financial assi stance, Mr. Speaker. If anyone suggests around the table that we may have to look at cutting financial as-sistance at the end of the day, after the debate, we cannot because we have to make sure that those people who are in that condition have support. I am not accepting, Mr. Speaker, the accusation that this Government does not care. We are supporting ind ividuals. But as t he Honourable Attorney General said, when people complain about we have not increased pensions, how are we going to do that when we have nothing? We are broke, Bermuda! We are broke, O pposition! We have an annual deficit every year. We are spending $170 million on interest. We are not even touching the principal. So, yes, we are in a diff icult situation and we are in it together. We are in it together.
[Inaudible interjections] Hon. Shawn G. Crockwell: We have not done a good job in terms of . . . We quite often get criticised. I was at a family function a couple of weekends ago and somebody said while we were there, Well, you found $70 million for the America’s Cup. I said okay, the PLP’s message is getting out there. I said, Yes, we have. But that is an investment. 640 12 February 2016 Official Hansard Report
Bermuda House of Assembly [Inaudible interjections] Hon. Shawn G. Crockwell: It is an investment that we hope . . . now the PLP, maybe the Honourable Member from [constituency] 5 is separate from those who are chuckling, but if you put in an investment there is going to be a return on investment —a substantial return on that investment. But we have not done a good job explaining that, Mr. Speaker. Do you know what is interesting? Yesterday . . . What is today? Today is Friday. Yesterday, Mr. Speaker . . . and the Honourable Member says people do not believe—I get that. [Inaudible interjections] Hon. Shawn G. Crockwell: That is our deficiency. That is our deficiency. [Inaudible interjections]
An Hon. Member An Hon. MemberWe are not going to sell your plan. Hon. Shawn G. Cr ockwell: It is not the PLP’s job to sell our plan — [Gavel] Hon. Shawn G. Crockwell: I get that. I am not asking the PLP to sell our agenda. We need to do a better job doing …
We are not going to sell your plan.
Hon. Shawn G. Cr ockwell: It is not the PLP’s job to sell our plan —
[Gavel] Hon. Shawn G. Crockwell: I get that. I am not asking the PLP to sell our agenda. We need to do a better job doing that. What I am going to say tonight, because I had my eyes opened yesterday to see the empirical ev idence of how the America’s Cup is helping Bermudi-ans. I went down to Morgan’s Point yesterday. I was visiting Morgan’s Point at the invitation of the directors there for various reasons. We are doing things down there on their dock to make sure that it can acco mmodate the Oleander for building materials and the lights. I was there to help them look at that and other things. I was given a tour of the Artemis facilities there. When I got there, I saw a contractor there with a team. The contractor is a well- known PLP supporter. I am not going to call his name. I will let him identify himself at the appropriate time. But I went up to him and I said, How long have you been on the site? He said, I have been on the site for a couple of months. It has been great. I have about 7 to 10 staff here, young guys —all Bermudians, all Bermudians. I was like, Wow! This is great news! He said, We have about two or three more months left here. It is a good project . Then I started talking to the people at Ar temis and I said, Well, how many people are stationed here? They said, Between 55 and 60 . I said, How many people are residents here? They said, We have 52 people living in Bermuda right now throughout the West End area. Then they broke it down and told me, We anticipate that between now and the America’s Cup that just Artemis alone and the people living in Bermuda will spend around $2 million in rent . Two million dollars in rent! One team! And people say that Bermudians are not be nefitting from the Americ a’s Cup.
An Hon. Member An Hon. MemberWho say that? [Inaudible interjections] Hon. Shawn G. Crockwell: I said people, Mr. Speaker. [Inaudible interjections] Hon. Shawn G. Crockwell: So here is empirical ev idence where clearly, Mr. Speaker, this is an event that even before it has started, Mr. Speaker, the lead- up to the event is having …
Who say that? [Inaudible interjections] Hon. Shawn G. Crockwell: I said people, Mr. Speaker.
[Inaudible interjections]
Hon. Shawn G. Crockwell: So here is empirical ev idence where clearly, Mr. Speaker, this is an event that even before it has started, Mr. Speaker, the lead- up to the event is having significant benefit to Bermuda. We have to do a better job of telling the story. The Honourable Member from constituency 18 got up earlier during question time, trying to slip in the tourism numbers. They had another Member, I think the new Member tonight from [constituency] 13, talking about tourism. They always like to say the lo west in history. Yes, Mr. Speaker, guess what? It was the lowest in history in 2010, Mr. Speaker. So we can rewrite it. We can rewrite it. Mr. Speaker, in 2010 we hit our lowest air arrivals. We have had a 30- year decline in tourism —30 years! And I am not going to get into the finite—I did that during the last debate when we were talking about the actual numbers in 2008. The reality is I think everybody in this Chamber appreciates that tourism has been on the decline for decades. That is why we have lost 50 per cent of our hotel capacity —okay, 50 years.
[Inaudible interjection] Hon. Shawn G. Crockwell: The Honourable Member said, So what are we going to do about it? Well, one thing that is not going to happen, Honourable Member, it is not going to turn around in three years. That is what is not going to happen. If you think it is going to happen in three years, then you are not being realistic, you are not being pragmatic. [Inaudible interjection] Hon. Shawn G. Crockwell: I did not tell any people that, Mr. Speaker. No, I did not.
[Inaudible interjections]
Hon. Shawn G. Crockwell: No, I did not!
The SpeakerThe SpeakerOrder, order. Bermuda House of Assembly [Gavel] Hon. Shawn G. Crockwell: Just like the Honourable Member who just took his seat, Mr. Speaker, he said when people get here they fall in love with the destina-tion. I do not blame . . . people have criticised the CEO of the …
Order, order.
Bermuda House of Assembly [Gavel]
Hon. Shawn G. Crockwell: Just like the Honourable Member who just took his seat, Mr. Speaker, he said when people get here they fall in love with the destina-tion. I do not blame . . . people have criticised the CEO of the BTA because when he first got here he realised that this has to be one of the most beautiful places he had ever been. I have had people come to this country who have travelled the world, like Lisa Leslie, and all sorts of other famous people, and they will come here for the first time and say, This is the best kept secret ever! They fall in love with Bermuda. Well, the CEO was the same way and he said, This has to be the easiest place to turn around. He did not appreciate all of the factors involved. But, Mr. Speaker, there is a reason why tourism has been in decline for 30 years. There is a rea-son why in 2010 we hit our lowest air arrivals, and there is a reason why we are still struggling with that. But the reality is . . ., Mr. Speaker, you worked in t ourism. There are other Members in this Honourable Chamber who I know understand marketing and tourism. The efforts of the BTA that they started in earnest in 2014, Mr. Speaker, in April of 2014— [Timer beeps] Hon. Shawn G. Crockwell: Twenty minutes alre ady, Mr. Speaker?
[Inaudible interjections and laughter] Hon. Shawn G. Crockwell: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. [Inaudible interjections]
The SpeakerThe SpeakerI recognise the Honourable Member from [constituency] 21, MP Rolfe Commissiong. You have the floor.
Mr. Rolfe CommissiongThank you, Mr. Speaker. It was interesting listening to the colleague across the floor there. He is a very ardent defender of his Government and of his party. We expect no less. Mr. Speaker, I would also like to congratulate those brave Bermudian souls today who came to the House …
Thank you, Mr. Speaker. It was interesting listening to the colleague across the floor there. He is a very ardent defender of his Government and of his party. We expect no less. Mr. Speaker, I would also like to congratulate those brave Bermudian souls today who came to the House this morning. I was totally unaware of what was going to happen— [Inaudible interjection]
Mr. Rolfe CommissiongI was. Honestly, I was. And to see the example of direct action on the part of those 20 or 30 Bermudians today in protest of the proposed changes to immigration policy around status and permanent residency certificates was something that I thought was very inspiring. Hopefully, they will continue …
I was. Honestly, I was. And to see the example of direct action on the part of those 20 or 30 Bermudians today in protest of the proposed changes to immigration policy around status and permanent residency certificates was something that I thought was very inspiring. Hopefully, they will continue with their advocacy and their oppo-sition to these measures which I believe quite rightly they perceive as a threat to Bermuda and Bermudi-ans. Mr. Speaker, the irony has not been lost on us and Bermuda at large that at a time when hundreds — particularly post 2012 —of Bermudians, particularly black Bermudians, have gotten on the British Airways flight essentially as economic migrants to the UK. I will say it again, of all places the Government is intending on creating new Bermudians as we speak. The Attorney General, Mr. Trevor Moniz, somehow takes exception to the talk of quotas. He conveniently ignores the fact that up until 1989 the United Bermuda Gov-ernment had a system of quotas for the granting of status. I believe 40 status grants, discretionary grants per year until in 1989 that practise was halted. Why? Well, my view was that that practise was halted, Mr. Speaker, because Sir John Swan (the then- Premier) fearing the loss of key black support for the United Bermuda Party thought that was politically judicious to close off the tap of status grants and the quotas that supported it. Bermudians are not fooled, Mr. Speaker. The Attorney General also continues to make remarks and cast allusions on the civil servants which historically has been a black Bermudian dominated civil service —
[Inaudible interjections]
Mr. Rolfe Commissiong—in the modern era. Well, let us face it, for the last 30 or 40 years, minimum. I mean, you know, I am only 30 years old, so it has been— [Inaudible interjection]
Mr. Rolfe CommissiongYes. Since the 1980s. But he ignores the fact that that occurred not as a result of privilege. That occurred as a cons equence of black educated Bermudians being excluded from taking their place in Bermuda’s private sector during the same era. Employment for those educated black Bermudians in the …
Yes. Since the 1980s. But he ignores the fact that that occurred not as a result of privilege. That occurred as a cons equence of black educated Bermudians being excluded from taking their place in Bermuda’s private sector during the same era. Employment for those educated black Bermudians in the civil service was the default option. Certainly, Mr. Trevor Moniz and those who came from other places like Saltus, could write their own ticket in Bermuda’s private sector. No matter how many degrees a black Bermudian had, he found the going was very tough unless, perhaps, he supported and joined the United Bermuda Party, and then ma ybe the path was a little more open for him and easier. Let us get real about our real history in this country that is so tied to this question of immigration. Sir Henry Tucker, in a response to the Governor who was seeking to find a way to dissipate, to diminish, the level of civil unrest . . . ironically enough you are hear-ing talk of that again in this country as a result of 642 12 February 2016 Official Hansard Report
Bermuda House of Assembly these policies on the part of this Government. The British fearing the lack of real social peace in the country in an era when civil disturbances were becoming routine, Sir Henry Tucker was told, You have to open up the country. You have to provide jobs and oppor tunity especially for these educated black Bermudians who are coming out of schools in greater numbers because if you don’t, they will become radicalised and cause further problems —not only for you but for us . Henry Tucker’s response, according to Mr. Calvin Smith, the first black civil servant in Bermuda, former head statistician, was that Sir Henry Tucker replied, I can open up the civil service for these young black people, but our people in the private sector are not ready . Some people would say they are still not ready.
[Inaudible interjection]
Mr. Rolfe CommissiongThe fact that you had (in that era) a largely white dominated private sector particularly in terms of the middle and upper manage-ment levels along with a black dominated civil service, again, it is not as a result of black privilege, but one could make the case on the other …
The fact that you had (in that era) a largely white dominated private sector particularly in terms of the middle and upper manage-ment levels along with a black dominated civil service, again, it is not as a result of black privilege, but one could make the case on the other side of that coin that the fact that Bermuda’s white historically dominated private sector was certainly as a result of white priv ilege that sought to exclude Bermudi ans from reaching their full potential within that sector. Mr. Speaker, we know that the Government’s own estimates by way of the result of the ruling by Chief Justice Kawaley some months ago posits that that first tranche of status grants will number —as the Attorney General made mention tonight —maybe around 800. He said that about 700 have applied already. For the sake of argument, let us say that the decision that Minister Fahy has articulated in the pub-lic domain, supported by the Attorney General Moniz, will proffer another 800, 900, 1000 in terms of that first tranche as a result of those policies. We are looking at maybe close to 2,000 just from those two decisions alone— one in the judicial area and this one. But you also have to factor in the fact that hundreds of Berm udians . . . CURB (in their excellent article) estimates or guestimates that we are talking about 1,500 mainly black Bermudians, as I talked of earlier, that are now economic migrants who have left the country. So the equation is very simple. You are adding scores of mostly white voters to the rolls while at the same time black Bermudians are fleeing the country —black Bermudians who historically would be supporting the Progressive Labour Party for change as they always have. Do not tell us, and do not tell Bermudians, particularly black Bermudians and right -thinking white Bermudians, that these views and this unreadiness about these policies is just a figment of our imagin ations. Don’t tell us that to feel this way, to think this way, to a pply this analysis to your policies is somehow not legitimate. Do not try to condescendingly tell us we are being too emotional. We bear the scars of the policies of the UBP and now the OBA. Those policies of the 1960s and 1970s at the time Bermuda was ex-periencing one of the greatest growth spurts in our history (which only culminated in 2008) led to a direct underdevelopment of Bermuda’s black community— led to that! I hear my colleague, Jamahl Simmons, the Shadow Minister for [constituency] 33, speak about what is happening in the Caribbean. You go out there and the black Caribbean people of those various I slands are dominating every sector of their economy. Why is that not the case here? Why is Mr. Sylvan Richards still an exception to the rule in that sector —
Mr. Rolfe CommissiongThe Honourable Member and Junior Minister. Why is Dexter Smith the exception to the rule, as the editor of the Royal Gazette, in a country that has 65 per cent of its population as black Bermudians in 2015? Something is not right. Som ething has happened, and immigration has played …
The Honourable Member and Junior Minister. Why is Dexter Smith the exception to the rule, as the editor of the Royal Gazette, in a country that has 65 per cent of its population as black Bermudians in 2015? Something is not right. Som ething has happened, and immigration has played a key role in that. Let me, Mr. Speaker, if I may, just repeat the CURB statement again, that was printed in both BerNews and the Royal Gazette . It says here, “Be rmuda’s history of immigration is tragic and complex. The periodic forced exportation of free black Bermudians throughout the centuries leading up to 1834;” — and what do they mean by that? What they mean by that is at least on two occasions our predecessors came to this Chamber before emancipation and man-dated the forced deportation of free black families —at least twice —leading up to emancipation. It goes on to say, “the post -emancipation efforts to increase the white population” that many have talked about for years are historians. They codified that “in law and policy; the continual attempts to legislatively disenfranchise the majority of black Bermudians from voting between 1834 to 1963 . . . immigration policies of the 20th century; the f avouritism involved in grants of discretionary status from 1956 to 1989” —as I alluded earlier when it was closed off under Sir John Swan’s government —“and the contemporary attempts to water down the black Bermudian vote — all too clearly point to continuing attempts to reduce the black population and increase the white population” in order to retain political power. Yes, we can have a conversation, my colleague here, Mr. Walton Brown of constit uency 17, made (I thought) a good faith effort to come to the t able. Let us discuss comprehensive immigration r eform. Those calls were spurned by the Government who are intent on advancing their own narrow polit ically favoured agenda. The people are not fooled. Comprehensive immigration reform would have been
Bermuda House of Assembly a way to bring us both to the table. But, see, it would have required something else—a degree of honesty. It would require not hearing these condescending, and, frankly, even racist, remarks coming fro m my Attorney General about the black civil service. We know that. We have heard years in the white community . . . I went to school at Mount Saint Agnes —I know how they think. I have friends who are white. I have white blood in me. I know how they think. I have heard that for a long time in Bermuda. Yes, those blacks in the civil service. Is that not enough for them? What else do they want? Come on! Let us get real here. For us to be able to come to the table . . . and we know pe ople out there are always asking for that. There has to be some honesty on both sides. We are not getting that. We even had the Tourism Minister, there . . . I hate to say it, I am very ashamed of him tonight. He made just one little quip, They used race. I am sure certain members of his white support base loved to hear him say that. They use race to enflame the passions of black Bermudians, thus seeking to convey that somehow the ideas being expressed by not only those on these benches but our people throughout the Island are somehow, again, illegitimate and should be discounted. This is what we are hearing. Hon. Shawn G. Crockwell: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member. Please sit down. POINT OF ORDER [Misleading] Hon. Shawn G. Crockwell: The Honourable Member is misleading the House. Mr. Speaker, I was very clear in validating what the people in this country are saying. What I said was, and it is a fact, that the O pposition …
Mr. Rolfe CommissiongMr. Speaker, he said a point of order, but yet he confirmed my observation! [Inaudible interjections]
Mr. Rolfe CommissiongTo de- legitimate these views you have said that we use race to exacerbate racial tensions. My brother! [Inaudible interjection]
Mr. Rolfe CommissiongAnyway, Mr. Speaker, I am going to ignore — [Inaudible interjections]
The SpeakerThe SpeakerJust a minute, Honourable Member. Let us wait until everybody is ready for you. [Inaudible interjections]
The SpeakerThe SpeakerLet’s wait until everybody is ready for you and then we will continue on. It looks like everybody is ready.
Mr. Rolfe CommissiongMr. Speaker, I was just going to say that, again, we need to have an honest, honest conversation. I am so happy, for example, that we are seeing even to the west of us, even in the US, and places like South Africa, where the millennials now are jettisoning any …
Mr. Speaker, I was just going to say that, again, we need to have an honest, honest conversation. I am so happy, for example, that we are seeing even to the west of us, even in the US, and places like South Africa, where the millennials now are jettisoning any notion of employing colour - blind rhetoric and avoiding dealing with these real r ealities that have caused so much . . . have such a destructive impact on these respective communities. It is time now for us, too, to have that honest conversation. Mr. Speaker, these policies on the part of the OBA Government just cannot stand. You cannot mar-ginalise and betray the hopes and aspirations of Bermudians while at the same time put out the red carpet for foreigners at a time when Bermudians are hurting badly. It just will not do. Especially when the talk of two Bermudas, the talk of shared sacrifice has that sacrific e disproportionately falling on Bermuda’s black communities, and that is what is happening. That is what we are seeing. My colleague, again, Mr. Diallo Rabain, tonight . . . I want to commend him. He gives an accurate reflection of what is happening on the doorstep. But let the OBA go ahead. What little black support they had at the last election, they are losing. If they want to make the sleeping giant wake up and rise up, a taste of which we saw in [constituency] 13, then let them go ahead. Let Mr. Fahy lead his party to ult imate electoral defeat. [Inaudible interjection]
Mr. Rolfe Commission gMr. Speaker, we look forward to that battle. Let it come because it will be a defining battle of this term here. I think it will show a clear distinction between a party that is determined to take care of the privileged at the expense of the many as opposed …
Mr. Speaker, we look forward to that battle. Let it come because it will be a defining battle of this term here. I think it will show a clear distinction between a party that is determined to take care of the privileged at the expense of the many as opposed to a party that is trying to move Bermuda ahead in the twenty -first century in a way that is incl u644 12 February 2016 Official Hansard Report
Bermuda House of Assembly sive of all Bermudians —a party committed to racial and social justice. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 36, the Learned Member MP Michael Scott. Hon. Michael J. Scott: Mr. Speaker, I am grateful. Mr. Speaker, the Learned Attorney General of this country has pleaded, practically, in his last speech for patience. I do not …
Thank you, Honourable Member. The Chair will recognise the Honourable Member from constituency 36, the Learned Member MP Michael Scott.
Hon. Michael J. Scott: Mr. Speaker, I am grateful. Mr. Speaker, the Learned Attorney General of this country has pleaded, practically, in his last speech for patience. I do not know to whom he was speaking.
[Mr. Dennis Lister, Acting Speaker, in the Chair] Hon. Michael J. Scott: The Tourism Minister has hurled allegations to the PLP of using race- baited statements and that in talking around the whole ques-tion of why —he also understands that the people of this country are hurting the way that they were hurting in 2012 before they —and at the very point that they took the Government as a basis for saying it is wrong for the PLP to be promulgating hurt amongst our citizenry and laying it at the door of the OBA is somehow wrong or unjust or unfair. This is nonsense! Let me tell you, for the last two— POINT OF ORDER
Hon. Shawn G. Crockwell: Point of order, Mr. [Ac ting] Speaker. I never said it was unjust. I said tha t we understand it. As a matter of fact, Mr. [Acting] Speaker, I said in 2013 I expected it. That comes with the responsibility of being the Government.
Hon. Michael J. Scott: But here is the thing, Mr. Ac ting Speaker, when the Attorney General asks us t o show patience and calls for calm, it is much too late. When the Minister for Tourism urges that the PLP is race baiting—that, too, is too late. Particularly when the people mandated you, as the OBA Government , having promised . . . because this is the flaw in your argument throughout both speeches from the OBA. You talked around the problem. The problem is that you promised and were placed into Government on the promise that you would turn 2,000 unemployment positions into employment. That is the point that neither of the last speakers have addressed. Therefore, people feel that you do not care. They even regard you as caring less, and it is an argument that we can lay at your doorstep with great justification, given your promises that were directly at the issue of creating employment and turning around unemployment in the large numbers that you then have a colleague within your Government a ddress and empower non- Bermudians who all have jobs—these non- Bermudian work permit holders (as the word suggests) have jobs. But to empower them now with greater rights in the face of your failure to deal with delivering on your promise is the reason why you have a new day of Bermudians saying it is new, it is fresh and it is valid that you do not care about Ber-mudians. Mr. Acting Speaker, the PLP did not make that promise to our people on the basis of winning their mandate. The OBA did. And it is vacuous and insincere for the Attorney General to now plead for calm. Mr. Acting Speaker, there is an ill [wind] blo wing across our little Island home now and the el ements of that ill wind include women being disrupted and knocked out of work as was serialised in the analysis given by my honourable colleague, Ms. Kim Wilson. The other element of this ill wind that is blo wing is the state of public education as documented in the School Reorganisation Advisory Committee (SCORE) report and the remarkable contemplative policy of closing primary schools and disrupting the neighbourhood school for our children. It is an ill [wind] that is blowing with the flirt ations by backbenchers of the OBA with same sex mar-riage. The policy of promulgating the giving away of land, revenue, and a profit centre in the two Canadians by the pushing of this airport deal against much protest —this is another element of the ill wind that is blowing. Then, most recently, this ridiculous policy by the Minister of Immigration extending the further po wers of status to PRC holders. You would have thought . . . and I heard the Premier of this country in the m edia say, following the noble victory of Mr.. Rabain, that he heard the message. I heard him say it on the tel evision. He acknowledged that the message was heard by him. You would have thought that a reasonable political response to that kind of messaging was to try to endear yourself and your Government —which he leads —to the voter. Yet, this remarkable insanity . . . and someone wrote to me when the Minister of Imm igration announced this policy, asking the very ques-tion that I heard some of my colleagues ask in this House— has the Government lost its mind? It certainly is not endearing them to the voter, but they pursue a most reckless course. But I began to characterise it as an ill wind, and the Government needs to be careful. If their objective is to bring t he country into civil commotion, you could not ask for a better recipe and set of policies than what they are pursuing. I want to commend the newest Member of the House for his maiden speech as he spoke today and reminded us of this fact. I was particularly also taken by the speech of my colleague, the Honourable Member, Mr. Walton Brown, who reminded us about some of the facts and some of the reasons why there is the concern in the community about the immigration pol icy when the trends over the last 30 years have been showing that grants of status pans out at 73 per cent
Bermuda House of Assembly to whites. Then there is the history magnificently arti culated by Ms. Lynne Winfield in her Citizens Uprooting Racism in Bermuda (CURB) opinion where she speaks of the racially driven imm igration policies hi storically in this country. There is another element in the ill wind that is blowing and that is the forced emigration of Bermudians to Britain looking for work. These combinations of the ill wind cannot be good. They will lead to com motion in our country. When we are accused of race bai ting . . . we are not race baiting. When Ms. Winfield wrote that opinion that did not fall from any member of the PLP. She was reflecting on both data from histor ical analysis that showed . . . and as Mr. Walton Brown indicated, it is a policy today that looks so much like policy of the 1960s. It has as a policy . . . its main im-pact is granting rights to voters. It has nothing to do with human rights as a matter of analysis of what is happening. Its main outcome will be the granting of rights of the power to engage in the franchise to largely white applicants. Mr. Acting Speaker, the cause for understan ding that announcement as being similar to 1960, or as having nothing to do with upholding human rights, is plain and obvious, and we cannot be accused of race baiting when the facts and the evidence are so clear, much too late to plead for calm and steady hands and steady minds from the Attorney General. Much too late for the Shadow [sic] Minister of Tourism to lament that we are engaged in not understanding any less so than they are that people are hurting in this country. Mr. [Acting] Speaker, the Shadow [sic] Minister of Tourism has an obligation now and has had so for three years already to deploy a tourism policy which he has completely handed over to a private sector—
[Inaudible interjection] Hon. Michael J. Scott: Shadow Minister —I beg your pardon, I apologise. The Minister of Tourism has the mandate. He has the responsibility and duty to a ddress that 2012 pledge, Mr. Acting Speaker, by d eploying tourism policy. It should come from him! But for him to lay in the tide of waiting for the Tourism A uthority to do it, for them to work themselves up to speed to do it is unacceptable. But the Tourism Minister with a vision could address unemployment. It is quite remarkable, and no wonder Bermudians are angry. It is quite remarkable to say that we have a policy where we are going to stimulate our economy through the good graces of existing work permit holders and we are going to do it whilst totally ignoring the existing 2,000 to 3,000 unemployed in our own nation. They, too, can prime the pump of employment and stimulate the economy if they were given the opportunity to work by diversifying this economy. It is a primary duty of the Minister of Tourism to do this. I was watching the television the other day about what is going on in Qatar. The Tourism Minister there has plotted a vision for 2035 to make that coun-try one of the top 10 tourism destinations in the world. I do not hear this kind of analysis going on from our Minister. Nor do I hear it from his Tourism Authority boss who is busy. He is being paid handsomely to take over a function and an important role that the Member in this House really ought to be deploying himself, I respectfully say. But then, of course, I have to be fair. Both the Tourism Minister and I are attorneys. We are victims of our own history in this country. Maybe the Minister of Tourism does not know how to do it. I say that w ith all deference and respect. Let me say this. I was talking to a jurist friend of mine who lamented, Mr. Acting Speaker, that in this country, when the boom was on throughout the 1980s when we were developing the Bermuda company, when Bermuda was run by the Sir Henry Tuckers and the David Gibbonses, and they met at the Yacht Club in a very select and small group to make this country's miracle and produce this goose that produced our golden egg they did not share this information with the Minister of Touri sm—or I. It stayed within a very narrow circle. (This was the anal-ysis being made by my judicial friend). Or people that looked like us —we were not put in the board rooms — it was kept to a very narrow select group. They did not even share it much beyond ot her white Yacht Club members. So Conyers Dill & Pearman and Appleby Spurling & Kempe and Mello Jones & Martin . . . the culture of this information being shared and this intellectual capital being shared so that we can build on it did not happen in these group-ings either. We had this marvellous bonanza for a period because of the wisdom of those particular busines smen and women. They died off and competition took on a raging aspect across the globe. And instead of us inculcating this kind of intellectual c apital within our colleges and within our schools so that we built up a real understanding of it and let innovation develop it, when they went off the scene the capacity also disap-peared off the scene, and we are left scrambling today trying to create a tourism revenue by giving it to tour-ism authorities, trying to get the airlift up. We have been underserved and ill -served by these kinds of two Bermuda kinds of conditions, this kind of exclusivity kind of Bermuda, this kind of it is only . . . it was ma dness. It was economic madness. So I have some sympathy. When I apply the incapacity to the Minister of Tourism, I equally apply it to myself because I know that I do not have it. I do not operate in a legal co ntext— [Inaudible interjection]
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Bermuda House of Assembly Hon. Michael J. Scott: But that does not take away from my analysis. You should have had it. I should have had it. Many more should have had it, so that we could run "tings" (as Mr. Simmons said) in our own country. But to delegate it out and then wait . . . I mean, i t is very risky to delegate it out to your Tourism Authority. I do not believe it has a sufficient level of accountability to the people who elected us to this place for us to dis-charge this important mandate of envisioning one of the greater employers. But if it is not tourism then, and the Shadow Minister of Finance and the Opposition Leader have all had excellent analyses of what we should be doing to diversify this economy. If tourism is not going to make it, we need to have important energy directed a t the elements for diversification that have been set out in our Reply led by the Opposition Leader and the Shadow Minister of Tourism. They include light manufacturing, they include green generated jobs, use of the sea —and we need to be doing this —fintech . We need to be doing this urgently, constantly, using the intellectual capital of our people. Then I think we should try there and try and succeed or succeed, fail and refine and innovate and then we are really being a relevant set of servants in this place.
[Hon. K. H. Randolph Horton, Speaker, in the Chair] Hon. Michael J. Scott: Please do not urge us to be patient. It is a plea too little, too late and it does not . . . we were not the ones who were promulgating this dire, darkening scene that is developing in our coun-try. After all, it is being driven by the ill winds and the elements that I have listed for you and for your edific ation. I do not understand how you think that you can endear yourself with the voting public by striking out against struggling moms and dads trying to keep the public education system from being one that is increasingly failing because of flight to the private sector (to the private schools) and creating even larger primary schools. We saw the difficulty that that has caused with the secondary schools. It created this gang, thuggery institution at our secondary schools. I mean, there are warning signs to us and we ought not go down the road with our primary school kids turning them into and ushering them into larger amalgamat ed institutions on the back and in the name of austerity and cost -cutting and efficiency. That does not make any sense on any kind of call for trying to save money. You preserve your community and you pr eserve your community schools. This is the lifeblood of your country. But then you also have to ensure that we do not commit those same errors that I referred you to, Mr. Speaker, resulting in the non- participation by the Shadow Minister, by myself as the Shadow Attorney General and the Minister of Tourism not get-ting into expertise in the board rooms where we should be. [Timer beeps] Hon. Michael J. Scott: That must not happen either so that by the time we finish our education, we are involved in the lifeblood. [Gavel] Hon. Michael J. Scott: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. The Chair recognises the Honourable Member of constituency 3, MP Foggo. You have the floor.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Mr. Speaker, I have sat and listened and I have to say this. When we look at statistics that show that our PRC holders are 73 per cent Caucasian and we compare that to what has transpired in the past it raises flags, Mr. Speaker, because …
Thank you, Mr. Speaker. Mr. Speaker, I have sat and listened and I have to say this. When we look at statistics that show that our PRC holders are 73 per cent Caucasian and we compare that to what has transpired in the past it raises flags, Mr. Speaker, because we have seen this story before. I guess you can say we bear the scars of what indicators lik e that actually panned out to become. We bear those scars. So it is very difficult for us as a peo-ple to sit quietly when being accused of, if you will, of race baiting. But that is not the case at all. We have a Minister who unleashed an intended policy t hat has caused great alarm on our shores. Have we had to go out there and speak to a narrative? No, Mr. Speaker ; when we walk in the streets we are being almost accosted with the woes and comments of our people who are begging us to do something that in t heir eyes pans out to putting Bermudans first, because from where they stand, where they sit, that is not happening. Now the Learned Member who spoke earlier from the opposite side, the Honourable Minister of Tourism, spoke to the fact that under the PLP regime people cried out about not getting jobs. And we know (on that side) that that did in fact happen. But the di fference that is being stated over and over again by many of our people is that we still came across for the most part as a Government that c ared because we tried to make certain that there were social policies in place for our people who did not and were not able to for whatever reason share in the economic pie the same way as others were. We tried to put in better social policies that took up those that were impoverished, that took care of the working poor, that took care of our seniors who having reached a certain point in their life found themselves in a situation even if they owned their own homes were unable to take care of themselves. We put in policies such as low income to housing created rent that was matched to income. We put housing in
Bermuda House of Assembly place that if you were below a certain income, you were still able to secure for yourself. In the eyes of many of our Bermudians, they believe those policies have been eroded. They feel that there are fewer opportunities out there for them to capitalise on. When you have a Minister who wants to introduce policies that they believe will upset the apple cart, that because there have been indicators in hi story that have shown are designed to try and get control of the political scene, policies where —panning out — where you have the number of Bermudians who have lost jobs and the number of foreign workers who have gained jobs, there is a higher number of foreign wor kers who gained jobs while there are Bermudians who are still losing jobs. For our people, that spells doom and disaster. Those indicators to us as a people, in the words of Bob Marley, he said "He—
[Inaudible interjection]
Ms. Lovitta F. FoggoThank you. "He who feels it, knows it more." We have experienced this. So for another Honourable Member, who perhaps not understanding our struggle, to suggest that they are trying to do things which will pan out to be beneficial for all and all we have to do is basically …
Thank you. "He who feels it, knows it more." We have experienced this. So for another Honourable Member, who perhaps not understanding our struggle, to suggest that they are trying to do things which will pan out to be beneficial for all and all we have to do is basically sit back and trust the pr ocess could never understand (at least from the shoes that I stand in), what that means to me as a black Bermudian . . . because just hearing those words definitely sends off alarm bells. Many people who were told to just sit there and wait and trust that this would work or that would work sat there and did that to their own demise. I have to say in response to that that there is no way on this God- given earth that I could ever sit quietly when everything within my fibre tells me that what is happening when you measure it against what has happened in history not just once or twice, but time and time again—same ingredients, same cake. The same ingredients! So I already know what the outcome will be down the road. As one of my other Members was speaking similar words in the background I was saying if it looks like a duck, walks like a duck, quacks like a duck, it is a duck. It is definitely a duck. I will not be persuaded to not try to do something that I think ulti mately — whether it is intended or not —is going to have a far more detrimental effect on us as a Bermudian people. I certainly cannot endorse a policy that I see as it is panning out already gives, it would seem, more to those who are not sons and daughters of the soil while we sit and struggle and fight for their crumbs. We are all here trying to survive. Mr. Speaker, I think not one of us who sit in this room do not hear the unrest that is deeper than the spirit of many of our people here in Bermuda. I dare say that that is black and white Bermudians who feel that their birthright is being sold. I know that I have heard that clamour from both those groups. I am not just being stopped by people who look like me. I am being stopped by my Caucasian brothers and si sters, too, who for whatever reason find themselves in a similar situation as many of our black Bermudians and even for those who do not. I can think of a fairly wealthy Caucasian Bermudian who owns a business that I from time to time have to go to purchase goods and he is screaming out the same thing about not wanting his grandchildren to have nothing to look for-ward to as a born Bermudian. So I have to ask that Minister who sits in another place, because I do not think that what is being done is being done out of ignorance and I do not think . . . because he is too intelligent a fellow, and I do not think that some of my colleagues who sit across from me do not understand the impact of those policies. In fact, I know they do because we are not an ignorant people who sit up here in this House. We are smart enough to recognise the ramifications of putting pol icies like that in place. So I have to lend my voice to this to just sim ply say cease and desist. Bermuda should be first and foremost for Bermudians, and we should be looking for a way to make certain that we take care of those Bermudians who for whatever reason right now find themselves totally displaced within the society whet her they are degree- holding Bermudians who have these skills needed to assume certain jobs or whether it is our blue collar workers or whether it is our indi-gents. We have to take care of them first. I do not know of any homeless foreign people in Bermuda. There are several homeless —many, more than several—Bermudians right now. Just like the Minister on the other side talked about people e- mailing him who need money, I get those e- mails —not just once in a blue moon. I get them every day.
An Honourable Member An Honourable MemberEvery day!
Ms. Lovitta F. FoggoYes, that is why I acknow ledged that. That is right. I get them as well. I can tell you that I feel real helpless. I took this job to try and make a difference and to help my Bermuda and her people, and at this point in time, Mr. …
Yes, that is why I acknow ledged that. That is right. I get them as well. I can tell you that I feel real helpless. I took this job to try and make a difference and to help my Bermuda and her people, and at this point in time, Mr. Speaker, I am truly feeling helpless because even some of the pol icies that were put in place to help our people, some of them are not in existence. Mr. Speaker, I just know that if we continue to go down the path that is being suggested for us to travel, and for those of us who recognise that it is a road to disaster for many and we do nothing . . . well, what did Martin Luther King, Jr. and others say? In order for evil to persist, all it takes is good men (and I 648 12 February 2016 Official Hansard Report
Bermuda House of Assembly would say women) to do nothing . So it is incumbent upon us when we see something that spells out doom and disaster to stand to our feet and say No, and to repel it and oppose it with everything that we have within us, and to do that for the good and betterment of our society —not to be disruptive, not to create chaos or pandemonium, but to try and create another r esult that will be more beneficial for us as a people Mr. Speaker, when I look at the situation with education I know the Honourable Minister of Educ ation wants to do the best for education. In fact, I co mmend him for going out there and putting a review team, the SCORE review team together instead of just saying I am going to do this, that or the other, putting a team together that did a comprehensive review of our system and came up with some findings. Now, he and I may differ on how we think things should be done. But I think that it is, again, incumbent upon us, because we do [consider] education first and for emost, to ensure that we take serious the findings in SCORE and that we do everything that we can to re nder our schools in a state that is conducive for optimal learning to take place in our modern day society. I have to lend my voice, the same way that my colleague who sits right here to my left and the ho nourable colleague who sits just in front of me to my right did and say that with monies that can be alloca ted to other events to the tunes of tens of millions and hundreds of millions of dollars, I do believe the Go vernment has enough ingenuity on their side to figure out a way to reallocate . . . or via some of those monies from wherever they have been pay to ensure that our schools —many of which are in a worse state than our airport —receive the necessary funding to put them in good stead. When we talk about education, Mr. Speaker, we are talking about our children. When we are talking about our children we are talking about our future. It is incumbent on us as a people to make certain that we secure our children's future because in doing that we are securing our own future. They will be responsible for taking care of us one day and we have to ensure that they have the skills and the abilities to do just that, otherwise the situation will get worse. I am trying to speak with a really calm voice because my spirit is reall y, really, really, really sad and I am emotional and I feel I have every right to be.
An Hon. Member An Hon. MemberAmen.
Ms. Lovitta F. FoggoI hope that there are thousands more like me, because I think that that is what it is going to take for us to come together collectively and work together in a meaningful way to turn ever ything around because those of us here who sit in Par-liament we have …
I hope that there are thousands more like me, because I think that that is what it is going to take for us to come together collectively and work together in a meaningful way to turn ever ything around because those of us here who sit in Par-liament we have a responsibility of doing things to make certain that we keep Bermuda in good stead. The average Bermudian right now is not feeling that way. We did not tell them that. They (like us) feel it, too. Again, Bob Marley said "a hungry man is an angry man" and when a person is hungry they will do whatever needs to be done. [Inaudible interjection] [Laughter]
Ms. Lovitta F. FoggoThey will do whatever needs to be done to ensure that they . . . and all I can do is say to all of us here is that when we are putting policies in place, Mr. Speaker, it is our job, our duty, to take care of our people …
They will do whatever needs to be done to ensure that they . . . and all I can do is say to all of us here is that when we are putting policies in place, Mr. Speaker, it is our job, our duty, to take care of our people first. Anything less than that s imply will not work. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Honourable Minister for Economic Development, Grant Gibbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, it is getting late and I am not going to be very long. I was particularly struck by …
Thank you, Honourable Member. The Chair will recognise the Honourable Minister for Economic Development, Grant Gibbons. You have the floor. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Mr. Speaker, it is getting late and I am not going to be very long. I was particularly struck by the comments by the Honourable Member who just took her seat that she felt that she was elected to make a difference, and I believe all of us up here believe we were elected to make a difference and I think certainly trying to make a difference in our own ways, and sometimes that difference is significant and som etimes it is not. I think it is unfair to suggest that somehow because this Government has had to make a number of very difficult decisions that we do not care about the people because of how we look or because of dec isions we make or because of where we come from, who our families are, and all the rest of it. I think that is very u n-Bermudian to suggest that because I think all of us on this little rock somehow believe, I think, in our own way that we are part of this. I am going to follow the lead that my honour able colleague, Shawn Crockwell, took. I think it always amazes me, the collective amnesia on the other side, because this Government inherited a very, very diff icult situation. I think, as my honourable colleague said and certainly the Minister of Finance has said, we have to make some very difficult decisions to pull this country and head it back in the right direction. I think it is fair to say that we are moving in a much better direction than we were when we took over when, as my honourable colleague said, the def-icit was over $300 million per year. The debt was i ncreas ing at an extraordinary rate. The last GDP, the economic growth figures from 2012 were heading
Bermuda House of Assembly downwards. It was over 5 per cent as I recall. We were going in the wrong direction. It was not coming back up. It was heading in the wrong direction. In es-sence, I think some of the decisions this Government has made so far have made actually quite a significant difference in terms of direction. We were losing 2,000 jobs a year in 2011 and 2012— [Inaudible interjections]
The SpeakerThe SpeakerHonourable Member, give him a chance to speak! They got a chance to speak. [Inaudible interjections] Dr. the Hon. E. Grant Gibbons: That precipitous d ecline has been arrested. Am I saying that people still are not losing jobs? Absolutely not. We understand that and we recognise that. We care …
Honourable Member, give him a chance to speak! They got a chance to speak.
[Inaudible interjections]
Dr. the Hon. E. Grant Gibbons: That precipitous d ecline has been arrested. Am I saying that people still are not losing jobs? Absolutely not. We understand that and we recognise that. We care about that and we are doing everything we can from creating additional opportunities for tourism infrastructure, the hotel that is moving in a good direction down in the East End, what we have seen at Pink Beach, a promise at Morgan's Point to get a five- , maybe even a six -star report up there, Ariel Sands —all of these things are very positive directions. We did not see those direc-tions before 2013. Honourable Members have talked about the America's Cup. That has exceeded in many respects a lot of the hopes that we had in terms of the number of people that have actually moved in here, the amount of construction that is going on, the number of houses that have been rented, the degree to which a lot of these teams —and these are foreigners, let us not make any bones about it —who have integrated themselves into the community, who have come forward with an Endeavour Programme which has created enormous spirit in terms of getting our younger Bermudians back into sailing and not just young Ber-mudians that look like me, Mr. Speaker. All of these things are sort of making a difference. Are we as far along as we would want to be? Absolutely not. Do we care about Bermuda and what is happening? Absolutely, Mr. Speaker, and I think it is extremely unfair from what we have heard tonight to suggest somehow that this Government does not care. I think the issue of immigration and work permits and all the rest of it is not something that this Government started. Back in 2008, there were some 8,000, almost 9,000, work permits that were given out. It is half of that right now. A lot of these issues that came up in the court case with Carne and Correia started long before this Government. We are simply having to deal with the fallout of an era in terms of some of that immigration legislation that resulted in the Chief Justice finding the way that he did. I know we are going to get blamed for it. I know, as unfair as it may be, that we are going to have to take the blame for a lot of these difficult dec isions that are being made right now, but frankly, Mr. Speaker, this Government understood that. We did not understand how bad it was when we were elected, but we understood that we were going to have to make some very difficult decisions to get this econo-my and this country moving back in a good direction again. We are creating jobs. We see it every day. Yes, some jobs are still being lost, but I think some of the major areas in this economy like international business have now been stabilised. They were not stabilise d before. They were losing 900 jobs a year way back when, and people said, Who cares if international business is losing jobs? We all should care because for every three jobs in international business, two of those are Bermudian jobs and one of those are non-Bermudian jobs. I think we all understand the d egree to which this country is dependent on that. So we have made a difference and I think we are heading basically in a good direction here. I would like to just touch briefly on the SCORE issue. The Honourable Member who just took her seat commented on the Minister setting up the SCORE team, and I think that was a good move, Mr. Speaker. I remember sitting at a PTA meeting at Gilbert Inst itute back probably about 2009 or 2010 when our col-league up here El James (and I mean that all of our colleague up here) had to sit or stand in front of about 300 angry parents at Gilbert Institute because some plans within the Ministry at the time to close Gilbert had leaked. He certainly found himself in a very diff icult position. We understand the challenges and the em otion that goes into the suggestion that somehow your school where your child is going may have to be closed. Mr. Speaker, I think you were Education Mi nister for a while. You understand the degree of em otion in that. So I think it was important that the Minister effectively got a committee—a fairly broad- based committee—to look at the issues in education and look to see where we might be able to effectively have more money spent in education because it was better directed. No decisions have been made at this partic ular point as far as I understand them. The SCORE committee has made the report. There is now consultation, ability for feedback to go on, and I can understand why some of these schools and some of the PTAs are very concerned about what may happen. But, clearly, at this point, no decisions have been made. But I think we have to be realistic as well, Mr. Speaker. The physical capacity of the schools is much larger than it needs to be for the number of students in the schools right now. The birth rate has declined. We have lost a lot of people who have left Bermuda and so we have to be sensible as a Government as to how we spend that money. If we can essentially amalgamate a couple of 650 12 February 2016 Official Hansard Report
Bermuda House of Assembly schools witho ut creating too large a school, and if that makes sense and it can be done in a reasonable way, then that is something this Government has to look at. But as I said, no decisions (as I understand) have been made yet by the Minister in question. I have to say that there were a lot of physical issues that were identified in the schools. That did not just happen in the last three years. That may go back to even before the former Government as well. There has been a lot of deferred maintenance out there and it is not just in schools. It is another issue that this Government has had to face. We see that issue with the bridge down, going into St. George's, Long Bird Bridge. There are many, many other issues right across Government that we have to face. All of thi s makes it more difficult. But I think (and I will end by saying this, Mr. Speaker) that this Government has to take good dec isions, has to make difficult decisions for the future of this country. That does not mean this Government does not care. We care about Bermudians and we also care about our obligations to those that have been here for 20 years and in many cases they grew up here as children. They did not know any other country. I think in the Bermudian spirit there is this issue of basically doing what is right and I think that is one of the underpinning— the basic premise behind some of these immigration policies —doing what is right and caring for other people and making sure that (from a Bermuda perspective) we understand what our broader global obligations are as well in terms of human rights and the European Commission on hu-man rights as well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. The Chair will now recognise the Honourable Member from constituency 15, MP Roban. Y ou have the floor.
Mr. Walter H. RobanThank you, Mr. Speaker. I will not speak too long because my honourable colleague on this side has covered a lot of the bases of what is the feeling of the country out there and the message that we as a party are seeking to bring to this House in …
Thank you, Mr. Speaker. I will not speak too long because my honourable colleague on this side has covered a lot of the bases of what is the feeling of the country out there and the message that we as a party are seeking to bring to this House in our representation of the peo-ple.
[Mr. Dennis Lister, Acting Speaker, in the Chair]
Mr. Walter H. RobanIn just a short reflection on some of what has been said certainly from Members of the other side, certainly one Member, Mr. [Acting] Speaker, quite passionately gets up on a pretty regular occasion and dispenses with seemingly quite regu-lar points about having lost the general election, what we inherited, …
In just a short reflection on some of what has been said certainly from Members of the other side, certainly one Member, Mr. [Acting] Speaker, quite passionately gets up on a pretty regular occasion and dispenses with seemingly quite regu-lar points about having lost the general election, what we inherited, and the Honourable Member who just took his seat had similar points. But I think what perhaps the OBA is missing from where we are now is that we are well beyond the general election of 2012. For those who really under-stand politics —and I am not sure how many people on that side do—the public . . . and you, Mr. Acting Speaker are a veteran of the political environment in Bermuda. The OBA does not seem to understand that you are going to be defined less by what you started with but how you finished. You may not be remembered for Jetgate, for some of the other nastiness that your party and Go vernment has been a part of —the resignation of a Premier, Cabinet Ministers who had to go or started to go, by certain things that the Honourable Premier sitting to my right said that I should know something about that.
Hon. Marc A. R. Bean: Chirping away, is he?
Mr. Walter H. RobanOh, yes, chirping like a red bird. But that is all right, Mr. Acting Speaker. [Inaudible interjections]
Mr. Walter H. RobanChirping is okay because it is the OBA that I am talking about. [Inaudible interjections and crosstalk]
Mr. Walter H. RobanIt is the OBA that I am talking about. Absolutely. I know who I am talking about and the public knows what I am talking about. But they may not be defined by those things and the public may not remember those things. They may not remember certain facts about …
It is the OBA that I am talking about. Absolutely. I know who I am talking about and the public knows what I am talking about. But they may not be defined by those things and the public may not remember those things. They may not remember certain facts about the OBA's first few years. They may even forget that the OBA has broken numerous of its election promises around i mmigration, promising not to put down the proposals that they have actually proposed. I am going to say it: There were clearly certain things they did not say because they were looking to influence certain constituencies in this country. Black voters . . . when you start talking immigration you know whose ears go up, Mr. [Acting] Speaker. Same sex marriage, civil unions . . . we all know whose ears go up when those things come up, Mr. [Acting] Speaker. But somehow those things did not appear in the brief, the brief of trust, the brief of commitment, the brief upon which they looked for a mandate. Certain things did not appear! We are going to relax immigration policies. We are going to reverse term limits over a methodical period—not do it immediately. Those things did not appear, Mr. Acting Speaker. Do you think that if they had appeared they might have influenced the percep-tion and decision of voters? I cannot answer that question because that has already happened. The election happened and they got in. But guess what? Trying to remind the public that we lost does not necBermuda House of Assembly essarily help whether you will win because the public might not remember all those things. But they are g oing to remember much more closer to the time, whe never you call it. They might remember that crime has gone up and that they do not feel safe. They might remember that tourism arrivals are at a historic low. They might remember that you proposed to do something that most around immigration —as my honourable colleague from constituency 3 said—the history has been that such changes were never to the benefit of their interes ts. The changes to immigration that this Government is proposing have historically not benefitted large swathes of the Bermuda population, which is why the previous Government suspended the discr etionary grants in 1989. That is why. Because there was a perception in the public and the people who supported another party who they are the descen dants of (one can argue) —
Hon. Marc A. R. Bean: No, they are the same people
Mr. Walter H. RobanI am trying to be parliamentary and kind. Hon. Marc A. R. Bean: Be truthful!
Mr. Walter H. RobanI am trying to be parliamentary and kind, Mr. [Acting] Speaker. I could say other things about them, but I am not going to say them. I am just trying to be parliamentary nice. [Inaudible interjection]
Mr. Walter H. RobanThey are descendants of a previous administration as they are and many people perceive them to be. They are now running roughshod over that commitment that was made back then. They are actually going back. In fact, the Minister (as has been said) promised certain changes that Minister made a …
They are descendants of a previous administration as they are and many people perceive them to be. They are now running roughshod over that commitment that was made back then. They are actually going back. In fact, the Minister (as has been said) promised certain changes that Minister made a couple of years ago that the changes to immigration policy we are making is not going to give a doorway to people who are on permit and sign these waivers to Bermuda status or a path to permanent residency. Frankly, it is arguable that the public can now see that commitment that Minister made right now to have been not worth the paper that he suggested that that waiver and that promise was printed on. His promise has amounted to nothing because what he is doing is giving those same people now who signed those waivers a doorway to basically burn that waiver up. It will now be meaningless. I must say that it seems as if this has been the history of that Minister from the beginning, to mislead around policy, to actually —
[Inaudible interjection]
Mr. Walter H. RobanNo, no, no, no. That Minister is perhaps the most popular Minister in the country. [Inaudible interjection]
Mr. Walter H. RobanNo, his word is probably on the lips of most every Bermudian around the Island. They certainly know his name. They know what he looks like and they know what they think about him. Hon. Marc A. R. Bean: Oh, yes!
Mr. Walter H. RobanThe most popular Minister in the country. I am trying not to say anything bad about the Ministe r because that would be unparliamentary. [Inaudible interjection]
Mr. Walter H. RobanI am suggesting that he is the most popular and well -known Minister in the country, Mr. Acting Speaker, so I do not get accused of being unparliamentary or imputing improper motives. [Inaudible interjection]
Mr. Walter H. RobanSo the most well -recognised Minister of the country —that is right. He has been since December 2012. This is the Minister that has treated our unions so well. This is the Minister who has kept his promise to workers. [Crosstalk]
Mr. Walter H. RobanThis is the Minister who has treated our children so well. This is the Minister who is now . . . this is the Minister who talked so descriptively about birthright. Remember his comments about birt hright, Mr. Acting Speaker? In another place? Reme mber the comments of his other …
This is the Minister who has treated our children so well. This is the Minister who is now . . . this is the Minister who talked so descriptively about birthright. Remember his comments about birt hright, Mr. Acting Speaker? In another place? Reme mber the comments of his other colleague about birt hright? This is also the Minister who had been assoc iated with some other things as well. But I will keep to the area of responsibility — [Inaudible interjection]
Mr. Walter H. Roban—around immigration upon which this Minister is responsible. This Minister is now proposing the most dramatic change in immigration policy for this country since 1989. Now I would like to know from somebody —maybe somebody on the OBA is bright enough to tell me—how will this policy create a job …
—around immigration upon which this Minister is responsible. This Minister is now proposing the most dramatic change in immigration policy for this country since 1989. Now I would like to know from somebody —maybe somebody on the OBA is bright enough to tell me—how will this policy create a job for Bermuda? That is what I want to know. How will the immigration proposals he is changing help our community? Hon. Trevor G. Moniz: I will help that Member, Mr. Acting Speaker. Point of order.
652 12 February 2016 Official Hansard Report
Bermuda House of Assembly POINT OF ORDER [Misleading]
Hon. Trevor G. Moniz: Point of order. Hon. Marc A. R. Bean: What is your point of order?
Hon. Trevor G. Moniz: First of all, the Honourable Member is misleading the House because he was earlier complaining about two different things. When the Minister said that there was no legitimate expect ation on the part of work permit holders to obtain PRC or Bermuda status, the Minister was perfectly right in saying that. What we are now talking about granting is an entirely different thing, because it would be granted at this Government's wish in order to help the people of Bermuda. Now, the gentleman asked—
The Acting SpeakerThe SpeakerYou need to keep it a little shorter than that; you’re making a speech. [Inaudible interjections and general uproar] Hon. Trevor G. Moniz: There are two parts to this.
The Acting SpeakerThe SpeakerWe do not need a speech. Make your point of order and sit down.
Mr. Walter H. RobanIt is not a point of order. [Inaudible interjections] Hon. Trevor G. Moniz: The people who have their savings, if they get up and go they take the savings with them. If they stay here and purchase houses it will stimulate the economy. Hon. Marc A. R. Bean: Point of …
The Acting SpeakerThe SpeakerMember, will you take a point of order? Hon. Marc A. R. Bean: Point of order, Mr. Speaker. [Inaudible interjections] POINT OF ORDER Hon. Marc A. R. Bean: At least he sat down. Thank you, Mr. Acting Speaker. [Inaudible interjections ]
Mr. Walter H. RobanMr. Acting Speaker, that was not a point of order, but that is okay. Anyway to di s-suade, to distract, to sort of push people off their line and length— that is all right. They are entitled to try. Irrespective, they will have zero s uccess. I have just stated …
Mr. Acting Speaker, that was not a point of order, but that is okay. Anyway to di s-suade, to distract, to sort of push people off their line and length— that is all right. They are entitled to try. Irrespective, they will have zero s uccess. I have just stated what I clearly see, what I understand. That Honourable and Learned Member cannot come here and tell us for fact that the person who signed those waivers is not going to have the same entitlement that is proposed. He cannot say that. He is suggesting it; but he cannot say it for a fact. Those waivers now may be meaningless because a whole bunch of those people might [have] the opportunity to take advantage or to apply for —
Hon. Trevor G. Moniz: Mr. Acting Speaker, the view—
The A cting Speaker: Is there a point of order?
POINT OF ORDER Hon. Trevor G. Moniz: Yes, the Honourable Member is misleading —
The Acting SpeakerThe SpeakerCan you keep it short this time? Hon. Trevor G. Moniz: Yes, yes, yes —
The Acting SpeakerThe SpeakerAre you sure you can? Hon. Trevor G. Moniz: If he does not ask me a whole bunch of questions, you know. [Inaudible interjections] Hon. Trevor G. Moniz: The point about those waivers is that they were always ineffective in a legal sense with legitimate expectations.
The Acting SpeakerThe SpeakerOkay. Take your seat. Continue on, Mr. Roban.
Mr. Walter H. RobanAgain, not a proper point of order, I do not think, in my humble view. But, anyway, I will continue, Mr. Acting Speaker. These policy proposals from this Minister who, as I said, is the most popularly recognised Minister in the country —everybody knows his name, everybody knows what he …
Again, not a proper point of order, I do not think, in my humble view. But, anyway, I will continue, Mr. Acting Speaker. These policy proposals from this Minister who, as I said, is the most popularly recognised Minister in the country —everybody knows his name, everybody knows what he looks like, and they certainly know what he is doing—has put forth a basket of proposals that are radical. Now the Honourable and Learned Mem ber who just got up told us earlier, Just wait. Be patient. Really? As my honourable colleague who sits for [constituency] 3 said, This is a cake whose recipe we have seen before. It has been baked many times and every time it was a cake that was not served up to us—a cake that did not benefit us, a cake that was detrimental to our interests. The Minister has come with a revised recipe, but when we look at the ingredients —and as som eBermuda House of Assembly body who bakes (I love talking like this) —it is the same cake. And if somebody who was actually wor king at the Immigration Department in 1989 knew who was involved with that process, I can tell you, it is the same cake. Maybe you are not using lard, you are using Crisco ® now, instead of using white flour, you are using brown flour, but it is the same ingredients. Maybe you are using almond flour, too, in there, but you get the same cake. Bermudians know what these sorts of changes have brought about for them. I cannot help thinking about the 1970s because I can see that when we look at the crime situation, added to the economic situation the country is in, we are seeing an interesting . . . the types of incidences that we are seeing in robberies are reminiscent of that time where people were rob-bing places in broad daylight. A time when black Ber-mudians, in particular, did not necessarily feel that they were a part of the economic path with opportun ities opening up for them. There was a sense of fear and hostility in the community, a sense that the Go vernment of the day was not receptive to their needs. Fairly reminiscent. And as somebody who likes history, I cannot help but reflect like that. I was a child, but I certainly knew what was going on. I cannot help but reflect on the comparative similarities —policies that advance certain interests in the country, economic exasper ation, a building sentiment that people were being pushed to the edge. And there were a lot of incidences during that time between 1968 and 1979 that I do not need to describe because we know what they were. I cannot help thinking that some of the policies that we are seeing come out are building this country to a certain crescendo. The fact that my honourable colleague wrote in another medium about the Government and its mind . . . I have to think that myself. I have to think that the Cabinet has lost its mind—
An Hon. Member An Hon. MemberIt has certainly lost its mind.
Mr. Walter H. RobanI would think that half the supporters of the OBA have lost their minds. [Inaudible interjection]
Mr. Walter H. RobanWell, I me an, I can reflect on that, but I will let other very able people reflect on some of the other clear policy positions that are not very popular which the Government seemingly has not been able to legitimise. That is why I brought up earlier, Mr. Speaker …
Well, I me an, I can reflect on that, but I will let other very able people reflect on some of the other clear policy positions that are not very popular which the Government seemingly has not been able to legitimise. That is why I brought up earlier, Mr. Speaker (when the Honourable Member was on his feet), about it is not our job to sell your po licies. If you are having difficulty convincing people that what you are doing is good, it is a challenge for you that you have to fix. It is a challenge of gover nance. Some have success and some have failures, but do not ask me to sell your plan. Do not complain to me about people not liking your plan. It is not my job to sell your bill of goods. I do not like your bill of goods, anyway. Do not ask me to sell. Do not tell me I have to get on board. Now, when it comes to some of the things you are doing, we have said, Hey, great ideas! Looks like it would be good for the country . We have said that. But often the implication is that we are not really on board because people out there . . . and the Honour able and Learned Member talked about going to . . . you know, I do not sit in his family’s parties and stuff or talk to him about the $77 million and how they have concern with . . . I have not told him that. That is their own p erception, or that they are not happy with how tourism is going. That is their perception that they do not see all that the Honourable Member from constit-uency 22 says is happening. Some people just do not see it. They are not experiencing it; they are not feeling it. So here I go back to immigration. One has to ask if the Government has lost its mind in light of the fact that we saw a message in constituency 13—a brilliant message, I thought. Let us just look at that for a brief moment. In a by -election . . . and I would argue that that was perhaps one of the most historic by - elections in the history of Bermuda politics for a couple of reasons. I am not sure that you can find a by - election that out -performed a general election not only in turnout . . . because, you know, people came out. Some of those people who came out obviously voted for the OBA, but a lot of them voted for the PLP. The turnout was higher, considerably higher. Not only that, the OBA could not meet its own election number. One would have thought the great OBA machine that won in 2012, Mr. Acting Speaker, could have done it again—the magic elite —duplicate it again. But guess what? They could not even reach their general election number. The PLP surpassed theirs. In fact, that is the highest number of people who have ever voted for us in that district since 2003. It was clearly a historic example of a by -election. I am sure if we go back and look at the data (as I have looked at it) that is what you will find. That is a message in any other jurisdiction — despite the denial of the Honourable Premier and some of the other, sort of, talkers out there in the broad world, in the TV world, the so- called comment ators in Bermuda who most do not have any qualific ations to be commentators on politics, in my view, all trying to downplay. But it was a test. And in any other jurisdiction this would be a test. Their immigration policies are flawed. The direction they are taking this country in right now is cr eating a tinder that I hope they are prepared to deal with if it goes the wrong way. We saw it here in this hall today. I was not here, so I am not responsible for it—but it did happen. Those are people and they have 654 12 February 2016 Official Hansard Report
Bermuda House of Assembly sent the message in constituency 13 and another one here today. Be careful, OBA —
The Acting SpeakerThe SpeakerThank you, Member. Are there any other Members who wish to speak? I recognise the Member from constituency 18,
Mr. Burt.
You have the floor.
Mr. E. David BurtThank you very much, Mr. Act ing Speaker. Mr. Acting Speaker, the hour is late. I was in the back, and I heard the Honourable Minister of Ec onomic Development get up and say something about tough decisions, that the One Bermuda Alliance had to make tough decisions. Mr. Acting …
Thank you very much, Mr. Act ing Speaker. Mr. Acting Speaker, the hour is late. I was in the back, and I heard the Honourable Minister of Ec onomic Development get up and say something about tough decisions, that the One Bermuda Alliance had to make tough decisions. Mr. Acting Speaker, the issue is not that the decisions were tough. Governing is tough! You always have to make tough decisions to balance against competing priorities and make sure that you do what is best for the country. The issue is that their tough decisions, and the decisions that they made, were the wrong decisions. They were wrong for the country. Their policies did not result in growth. We know that they did not result in growth. They have not resulted in jobs. We know they have not resulted in jobs. They have not worked to reduce crime, as you have seen today. The Honourable Member in constituency 13 said that they are back up to 2012 levels. They have not improved education. They have not made Berm uda better for Bermudians. There was an answer to parliamentary questions earlier today about how many students have transferred to schools overseas since the One Bermuda Alliance has come to power —over 200 middle school and primary school students. Pe ople are fleeing this country. They are fleeing your Government and you are the ones that have made the decisions that have gotten us to this place. That is what we are seeing, Mr. Acting Speaker. We do not need to talk very long because the message was clearly sent last week, Thursday. But here is the issue; here is what is most amusing. It is as though this Government is deaf. They cannot hear it. It is as though they are blind because they cannot see it. They cannot feel what is emanat-ing from the people of this country. When things like that happen they turn right around and push down this ridiculous proposal for status —going completely against their election promises. I remember the Honourable Premier . . . I was just listening to a recording of the Honourable former Premier, a recording of him before the election when the question was asked whether or not [he was] going to give status to PRC holders —No, no, no. That is not something we are going to do . But the people of this country know that they cannot trust the One Bermuda Alliance because they talk out of both sides of their mouths. They cannot even keep their own Cabinet together. They have Ju nior Ministers contradicting their policies in the new spaper and bringing Bills to the House. That is what happens in the One Bermuda Alliance. That is the shamble of the Government of which we have. And when we need a strong Government, we have a di-vided Government, we have a divided Cabinet, clear-ly, because people cannot figure out what is going on in one place or the other. [Inaudible interjections]
Mr. E. David BurtOh, but here we have . . . we are talking about divided. “Look in the mirror.” Well, here is the thing, Mr. Speaker, this divided party managed to run up the score in constit uency 13. That is what this divided party did. Here is the thing. If we …
Oh, but here we have . . . we are talking about divided. “Look in the mirror.” Well, here is the thing, Mr. Speaker, this divided party managed to run up the score in constit uency 13. That is what this divided party did. Here is the thing. If we happen to mirror that same dividedparty result come the next election, do you know what an 11- point swing represents, Dr. Grant Gibbons? I will tell you what an 11- point swing represents. It means that the Members from constituency 1, consti tuency 2, constituency 4, constituency 14, constitue ncy 27 and constituency 30 can kiss their seats goodbye. That is what it means. We can hear, You will see; we will see. But here is the fact, Mr. Speaker. The fact is that this Government is losing its legitimacy day by day. If they do not heed the warnings of the people that are telling them they have not been acting in the best interests of this country they shall feel. That is not a threat. That is reality and that is life. You are tinkering with the very existence of this country. You cannot come up and say that you are going to have wholehearted change in immigration policy in one step. Things like that require green papers, white papers, consultation, and we hear the Honourable Attorney General saying that we are go-ing to be having town hall meetings on this proposal. You have already made up your mind! You are not consulting. You are telling the people what you want to do and if you think what happened up here today was just an apparition, or was shameful . . . well, it is shameful, what you are trying, and you will see what the result will be if you do not hear the result of what happened. I can give you an excuse that Friday you probably had the press conference scheduled already and you may not have been expecting that result. But now you have seen and I hope —I hope— that you will listen. Thank you, Mr. Acting Speaker. [Desk thumping]
Bermuda House of Assembly
The Acting SpeakerThe SpeakerThank you, Member. Is there any other Member that would wish to speak? The Leader of the Opposition, you have the floor. [Hon. K. H. Randolph Horton, Speaker, in the Chair] Hon. Marc A. R. Bean: Thank you, Mr. Speaker, I would love to follow up from my Deputy Leader …
Thank you, Member. Is there any other Member that would wish to speak? The Leader of the Opposition, you have the floor.
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
Hon. Marc A. R. Bean: Thank you, Mr. Speaker, I would love to follow up from my Deputy Leader and I will be very brief because every single one of my co lleagues has been responsible and fulfilled their obligation in defending the interests of our people. So I will sum up this evening by saying this to the One Bermuda Alliance —you reap what you sow. The world is round and what is coming for you will not miss you. Let me repeat it: you reap what you sow. The world is round and what is coming for you will not miss you. If you think it is a joke—because a lot of people in politics in this country take it as a joke. Any other jurisdiction if things that Minister Fahy and the One Bermuda Alliance Government are doing . . . that is not a joke. In fact, you might find it funny because we are living in a country that does not have gated communities. We are Members of Parliament that have the privilege of going around this country without security details. I tell you what, Mr. Speaker, the One Berm uda Alliance is putting themselves on a path where they will need extra security in the future. They will need gated homes. I know that the Premier has like Fort Knox around his house. You cannot even walk off the main road before you know you are in his space. I wonder why. Keep it up. Keep it up! Do not say I did not warn you. Quite frankly, when it happens, do not blame me. Do not blame the PLP. You are encouraging people to farm, Mr. Speaker, the Premier is encouraging people to farm as a result of their economic policies that are resulting in our people not being able to eat. I am the son of a farmer and a fisherman. So if I said that, it would make a little bit more sense. But when you are a modern day oligarch sitting on tens, hundreds of mi llions of dollars and you talk about how you are going to rebound the economy and re- strengthen it, but then you come out and tell the people you need to go plant a seed . . . I guarantee that you will end up eating those w ords. Let me repeat, in closing, you reap what you sow. What is coming for you will not miss you.
The SpeakerThe SpeakerThank you very much. The Chair will recognise the Honourable Minister of Community, Culture and Sport. Minister Gordon- Pamplin, you have the floor. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, if I did not know differently I would say Roy Boyke was alive and well. Mr. …
Thank you very much. The Chair will recognise the Honourable Minister of Community, Culture and Sport. Minister Gordon- Pamplin, you have the floor. Hon. Patricia J. Gordon- Pamplin: Thank you, Mr. Speaker. Mr. Speaker, if I did not know differently I would say Roy Boyke was alive and well. Mr. Speaker, the playbook has come to the fore and we have heard it from every single Member opposit e who has stood to their feet. It is the same rhetoric to try to completely undermine everything that the Government has done. We have heard, Mr. Speaker, comments such as, We have found $77 mi llion. First, it was $70 [million], now it has grown to $77 million. We have found $77 million for America’s Cup but we have schools that need repair .
Hon. Marc A. R. Bean: That is the truth! Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, let me say that the schools needing repair did not just come up in 2012, 2013, 2014. These schools needed repairs for a long time. We inherited infrastructure, Mr. Speaker, that had fallen apart, that is crumbling around us. We had seven feet of water in the bas ement of the new Dame Lois Browne- Evans building today causing the buildi ng to shut down. Mr. Speaker, the buildings that we have are crumbling. The infrastructure that the Government left that we inherited. . . it is absolutely ridiculously painful, Mr. Speaker, and they are talking about the money that was found as an invest ment to try and generate not just jobs through the America’s Cup, but additional support within the economy. Well, let us just say when they are starting to talk about money, that the Government found as an investment, where is. What would we have been able to do with the extra $25 million that they spent on Heritage Wharf, coupled with the extra $21 million that they spent on the Dame Lois Browne- Evans building, coupled with the extra $6 [million] or $8 million that they spent on Port Royal? That money could have fixed up every single school. We could have razed them all to the ground and built them again from scratch, Mr. Speak-er, so we would not be having today a SCORE com-mittee that was coming to give us the bad news to say what a poor state our children are in. And they have the audacity to sit on that side of the aisle and say it is all our fault, all our fault. Now they are talking about immigration. And I am not suggesting that our immigration policies have been perfect, but let me just say that when we talk about 20 years of residency before somebody is elig ible to apply for status, all other things being equal, 14 of those 20 years people were here under their admi nistration. At no point in time did they take the steps to say we are not . . . they created the PRC legislation. They created it. So, what they are now saying is, We do not like what we did. The chickens have come home to roost, and as a result let us see how we can fire those torpedoes back across the bow —the other side of the aisle. That is what we are dealing with here, Mr. Speaker. 656 12 February 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, they are saying that we have a shambles over here, that the Government is deaf, that the Government is blind, the Government cannot feel and the people cannot trust us. That is the playbook. That is the narrative that is important for them to speak, Mr. Speaker. I take that the result in constit uency 13 was a resounding message, and I appreciate the fact, Mr. Speaker, that we received that message in enough time to be able to analyse and evaluate its impact. But, you know, we did not hold that seat b efore. If they had won a seat —if constituency 13 had been held by our party and we went to the polls and they won it after that —then I would say we are in ser ious trouble. Mr. Speaker, we are not trying to undermine what is happening in this country. What we are trying to do is create policies and programmes that will not just resonate, but where people can eat. So when we hear people on the opposite side saying that we are deaf, we are blind . . . we make sure, Mr. Speaker, . . . In fact, today I received a note from one of the Mem-bers on that side of the aisle saying, Thank you, Mi nister for being sensitive to this particular case that I brought to your attention where you ensured that the client inv olved was well taken care of, was well treated. And they were surprised how positive the outcome of that intervention was. That is somebody who does not care? No! Their Members know in all honesty that they can stand and applaud something that has been done through one of our departments for our people, and they know that we have done the right thing to the point. You know, Mr. Speaker, it would be one thing if we had had knowledge of a situation and we did not hing about it. We had knowledge of a situation that was dire and we intervened and we created a positive resolution, and we had a thank you and an appreciation from the Honourable Member on that side of the aisle that I was able to send today to the department to say, Staff, people, colleagues, well d one. That is not is olated, Mr. Speaker. That is the kind of concern that is exemplified in everything that we attempt to do. While it suits the narrative on the other side to say that we do not care, we have not found jobs . . . no, not as quickly as we w ould have liked. We have put some, and we have not stabilised and turned that ship around as quickly as we would want. But, Mr. Speaker, we can tell you that every single project that this Government advances . . . what do we get coming from that side of the aisle? We get nothing but . . . not just interference, we get negativity, they try to shoot down every single thing. Why? It does not suit their narrative for us to make sure that people are working. They would rather, Mr. Speaker, in my estim ation, see people hungry because it would suggest that the OBA’s policies are resonating and are being suc-cessful. That is the danger that we have coming from that side of the aisle. They say they care about people and we do not. Mr. Speaker, they might want to start evaluating who they really are. I think that having been in this Honourable Place for some 17 years, Mr. Speaker, longer than some of them on the other side of the aisle, I have been able to see lots of things as I have come through these halls, Mr. Speaker. We have seen policies that have driven people out of this country when we have had zero consultation, and we had a 2 per cent add itional increase in payroll tax with the exempt compa-nies. When they started the drain, we have not reco vered from it. We have not recovered from it, Mr. Speaker. When we started seeing the demise in tourism, where we had our worst numbers ever to hear the Members opposite tell it . . . let me just say that we started a crisis in that particular industry a long time ago, Mr. Speaker, and we are still trying to pull it back together. We may never reach the glory days that we had before, but it is not going to be for want of trying. If we for one second would just be able to get one iota of cooperation coming from the other side, instead of them attempting to just shoot down every single policy . . . we have had more public meetings about how bad the airport is. We had a meeting where they sent some of their surrogates out to complain to somebody who was there to give an economic impact statement . . . I’m sorry, an environmental impact statement at the airport and they are saying why are the Ministers not here? You know —an environmental impact statement. We were coming to share information with the public.
[Crosstalk] Hon. Patricia J. Gordon -Pamplin: We caused town hall meetings to be held, Mr. Speaker. I was reques ted yesterday, Can you give us a response to som ebody who has gone on to say that you all have made up your mind on this particular issue and, as a result, why are you holding town hall meetings ? No, Mr. Speaker, that is not how we operate. When I said that I was going to collect information, disseminate information and report that infor-mation back along with some recommendations, that is what I said, that is what I did. That is what I meant and we were able to see evidence of that as a result of the first town hall [meeting] that we held yesterday, Mr. Speaker. We do know that at no point in time did our Government make some of the suggestions that caused people to have placards and be panicking the early part of the week, Mr. Speaker. We never adopt-ed that position. We made our position well known, and we have not wavered from that and we have gone and put that to the public. The Honourable Member says, Now they do not trust you. Do you want to know why? Because if you hear, Mr. Speaker, almost like Chinese torture, this babble, babble, babble, babble, drip, drip, drip, drip, water dropping in the same spot,
Bermuda House of Assembly it is likely to make an indentation. And therein lies t he playbook by which they are operating on the other side, Mr. Speaker. That is what is happening.
[Crosstalk] Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, we have had to make some very difficult calls. We have had to make some decisions that we would prefer not to have had to make—that we are preferring not to have had to make. But we have had to make tough decisions. Why? Because of the disastrous reign of the previous administration. I heard a Member opposite talk about (I do not remember the exact words) . . . basically denigrating who we are as the Government —the Honourable Member from [constituency] 33—denigrating who we are as a Government. Mr. Speaker, when you listen to some of the rhetoric you are not really disappointed because as I have said many times you can only be disappointed when your expectations are not met. So I am not disappointed in what I am hearing coming from that side of the aisle. I expect no better. But when we hear, Mr. Speaker, that they want to shoot down everything that we are trying to do to build this country up on the one hand, and out of the other side of their face, Mr. Speaker, suggest that they care about Bermuda . . . all they want to do, Mr. Speaker, is ensure that they are in a situation in which they ne-gate everything that this Government does so that they can start to look like they are the saviours of this country. They want people to say, Look at us, look at us. We lost the Government three years ago but we want you to know that we are the best thing for you. The best thing for us, Mr. Speaker, when you spend money that you do not have, when you spend twice the cost of every single capital project —you get one for the price of two —and that is what we dealt with, with that administration, Mr. Speaker, and then they sit and say that we have a deficit. We have a monetary deficit that we inherited. [Crosstalk]
Hon. Patricia J. Gordon -Pamplin: They want to cr eate a trust deficit, Mr. Speaker. They want to create a trust deficit. And there may be, as I said, Mr. Speaker, if somebody continues to say, You know what, I don’t have a job. And you say to them, You know, you do not have a job because the OBA promised that you would have one and you don’t, so therefore you can-not trust them. That person is going to think, Yo u know what? You are perfectly right. I do not have a job. The OBA promised we were going to get some jobs and therefore I cannot trust them. They are not going to deliver . So that message is being delivered over and over and over again, Mr. Speaker. And w hen you have that message being delivered over and over and over again and then they stand up and shoot down the jobs that we would like to provide, Mr. Speaker . . . You know, let me just tell you, Mr. Speaker, if we had Members opposite shooting down the Desar-rollos people, trying to call them everything outside of their name because they were scared out of their wits that just maybe this project will get off the ground, just maybe, that is the first thing, Mr. Speaker. Then we came up with Morgan’s Point—Oh, that cannot be done . Mr. Speaker, if you see the number of people that we had working at Morgan’s Point during the time that that property was being cleaned up of asbestos and hazardous materials and left in a pristine condition from the transfer to the Morgan’s Point, Ltd., when you see the numbers of contractors that were put to work in the Dockyard area in preparation for the America’s Cup, that put money in people’s pockets, Mr. Speaker, I do not understand how the Members opposite are failing to acknowledge, at least, that something that this Government has done has been good. Something. I am not saying that we have gotten ever ything all correct, Mr. Speaker, but I am not going to sit here and allow people . . . having had nothing but compliments . I had another situation with a Member who resigned who came to me and said, I have a problem with this constituent, can you assist? And when I went to see the constituent, Mr. Speaker, not only did I make sure that the situation was regularised within th e department with which she dealt, I went to the grocery store and bought things to make sure that that person had stuff in her cupboard for her children. Mr. Speaker, I do not normally talk about things that I do, because I am sure at some point in time we all do that. But, Mr. Speaker, when you know that you can come to the Minister and the Minister is not only going to respond —that you did not take mo ney out of your pocket to feed your constituent but the Minister did . . . and not one of my constituent s. Why? It did not matter because that person was a person who had a need, and I felt that I was able to fill that need and I was able to get a thank you from that for-mer Member of this Honourable Chamber, Mr. Speaker. That is what we do on this side of the aisle. When I hear people say that we are blind, we are deaf, we cannot feel and they cannot trust, Mr. Speaker, it is pitiful. It is pitiful to know that that is what we have to tolerate. The final thing, Mr. Speaker, I heard that with this morning’s demonstration there were two Members of this House who knew that it was going to happen. We had some who said, I didn’t know, I didn’t know, I didn’t know, but it was carefully orchestrated. This was not just a situation in which somebody woke up this morning and said —
Mr. Diallo V. S. RabainPoint of order. Point of order! 658 12 February 2016 Official Hansard Report Bermuda House of Assembly The Speaker: Yes? POINT OF ORDER [Misleading]
Mr. Diallo V. S. RabainPoint of order. That Member is misleading the House. If she [cannot] produce proof that Members from this side organised that, then she has to retract that statement.
The SpeakerThe SpeakerThank you. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I would suggest that the Honourable Member speak to his Member who admitted to me earlier —
The SpeakerThe SpeakerHonourable Member, she— Thank you. Hon. Patricia J. Gordon- Pamplin: Mr. Speaker, when our Honourable Members on that side start to put darts, do you know what? Check their closets. That is all I am going to say, Mr. Speaker.
The SpeakerThe SpeakerThank you. The Chair will now reco gnise the Honourable Member from constituency 2, MP Nandi Outerbridge. You have the floor. ADDRESSING INCREASE IN SERIOUS CRIME
Ms. Nandi OuterbridgeThank you, Mr. Speaker. Mr. Speaker, I decided to get up because I really do take offence to the term that this Gover nment is doing nothing about crime. Mr. Speaker, the Premier spoke earlier today about initiatives that are being put in place to deal with the crime, and …
Thank you, Mr. Speaker. Mr. Speaker, I decided to get up because I really do take offence to the term that this Gover nment is doing nothing about crime. Mr. Speaker, the Premier spoke earlier today about initiatives that are being put in place to deal with the crime, and . . . children have a G.R.E.A.T programme, Mr. Speaker, and I spoke previously on the success stories that have come out of the G.R.E.A.T programme. [There has been] $400,000 distributed through cash back to the communities through social initiativ es, Mr. Speaker. So when I hear that this Government has not been doing their part in crime, I really take offence to that. The fact that we are playing political football with people’s lives . . . I take offence to that, Mr. Speaker. Mr. Speaker, the term it takes a village to raise a child is true. Back in the day (Mr. Speaker, you may know this), if you were in trouble your parents knew before you got home. Nowadays the approach seems to be it is either not my child or not my bus iness. But, Mr. Speaker , a wayward child should be everybody’s business in Bermuda. When you have gang videos being circulated around and people look-ing at the videos and, Oh, that is so and so’s child. That is this person’s child, but do nothing— not calling, not trying to uplift that parent and trying to help in the community to stop these things from happening, Mr. Speaker, that is a problem. There are too many external, negative influences that our children are going through right now, whether it be by radio, TV, movies, [and] social media right now. The community and parents should be in their child’s lives more than any previous years, more than any time, Mr. Speaker. I just really wanted to stand up and let people know that it takes parental responsibility. And to say that this Government is on its own when it comes to crime is sick, Mr. Speaker. What is parental respons ibility? It is making your children get to school on time, Mr. Speaker, making sure they eat before they go to school. If you cannot afford to feed your child, there are church’s programmes. There are people out there that are helping to feed children in the community, Mr. Speaker. Making sure your children are dressed properly. Attending PTAs to find out what is going on in your children’s lives. Monitoring your children’s exposure to what they have access to and most of all, when you see something wrong, Mr. Speaker, acting on it. We cannot turn a blind eye and we cannot blame the Government, Mr. Speaker, for crime that is increasing. I just wanted to get up and make that clear that we do need community buy -in on this and it is not a political football. Thank you, Mr. Speaker.
An Hon. Member An Hon. MemberGood job.
An Hon. Member An Hon. MemberWell said.
The SpeakerThe SpeakerThe Chair will now recognise the Honourable Premier. Premier Dunkley, you have the floor. OBA IMMIGRATION REFORM POLICY Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good morning to you and the public that are still here. Mr. Speaker, I want to thank my honourable colleagues, especially the Junior …
The Chair will now recognise the Honourable Premier. Premier Dunkley, you have the floor.
OBA IMMIGRATION REFORM POLICY
Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good morning to you and the public that are still here. Mr. Speaker, I want to thank my honourable colleagues, especially the Junior Minister who just sat down, for bringing this debate back on track after the fanfare and the victory parade that we witnessed ear-lier in the debate after the victory by the Opposition in constituency 13. I did take the opportunity this mor ning to go over and congratulate the newest Member of the House on his victory because I thought it was a well-run campaign. Mr. Speaker, I listened to the debate intently all night and, unlike what the Opposition is saying, on
Bermuda House of Assembly this side we do listen and we do hear. But some things we have to disregard because I do not think it would be good for Bermuda’s health and certainly our health as politicians in Government if we took the words from the Opposition Leader today and tried to act like they were trying to help us out. I foun d that behaviour very threatening. I found it very disappointing. And all I say, Mr. Speaker, is what comes around goes around. Mr. Speaker, the Opposition wants to try and act now like they are all for collaboration and consult ation, Mr. Speaker. Well, let me very clearly say that when the Leader of the Opposition says there will be no consultation, you have to take him at his word. So, until Members on that side either get that comment retracted or change their leader, we cannot expect to take it at face value. Now, I hear laughing coming from that side, but the Leader speaks. And if the Leader speaks you have to listen. There will be no consultation. So I rea lly have to chuckle when I hear Members on that side say, You know, you should collaborate with us. We should get together. We should work it out . Clearly, the new Member has found out to chirp back and forth across the floor. [Inaudible interjection] Hon. Michael H. Dunkley: Ready for number four — we hear the Honourable Member say. But you know, what comes around goes around. He should bask in this victory because the spoils of victory do not last long. Mr. Speaker, what I find very interesting about the Opposition is that they have found, all of a sudden in the last couple of years, such renewed compassion for our people. In the last few years of their Gover nment, it was lost. It was lost. The economy was tank-ing, Government was unsustainable and people were being turned out of jobs at rates that we cannot even measure, Mr. Speaker. All of a sudden, the reality of that situation has not dawned on them but the compassion has come back. Mr. Speaker, it is easy to sit on that side and criticise the Government. But it should be more diff icult for them to do that because they made the bed that we all l ay in. So, we listen to their criticism. Some of their criticism we will accept and we will try to turn around and work for the better. But most of it, Mr. Speaker, to be polite, is gibberish— absolute gibberish. We inherited an economy that was lacking conf idence and was sinking like a ship. We inherited a Government that was simply unsustainable. We have made remarkable progress to turn it around. Mr. Speaker, every time I speak about this, I say there are still too many brothers and sisters hurting. I acknowledge that. We still have a lot of work to do. We are not running from that. I get a bit disappointed when I hear Honour able Members say that we are not out and about and we are not listening. I can speak for myself and all my colleagues, we are out and about. In fact, I am proba-bly out and about more than any former Premier. Do you know what? The Honourable Opposition Leader is threatening . . . I do not take security with me when I go. So all these threats he wants to talk about, I do not listen to that. Because it is like he has had some of that tea again tonight, Mr. Speaker. I know it is late. But it is like he has had some of that tea again. Mr. Speaker, they want to talk about issues. I heard a number of them talk about the same- sex ma rriage iss ue tonight. I was shocked to hear those comments. Why, Mr. Speaker? Because here is a par-ty that has hung its hat on taking care of the people. I have to admit, Mr. Speaker, that they had champions for the people in the past. They had champions for the people such as Dame Lois —champions for the people. Whether you liked how the Dame would express herself from time to time, they were champions for the people. Mr. Speaker, for them to say that they are champions for the people when they are silent on same -sex marriage . . . really? They have no one over on that side that wants to say anything about it? They are running like the church mouse when you open up the doors for the church on Sunday morning. They are gone. We know they are in the church. We know they are in the church and have a lot to say, but they do not speak. They hide behind the closed doors and they wait for the Government to resolve it. Mr. Speaker, I just shake my head in amaz ement. These are the same people that had champi-oned the rights of people, and yet, with immigration reform they will discount people that have been in Bermuda for 15 and 20 years. What type of human rights is that, Mr. Speaker? They want to cause civil disobedience. I talked to the Honourable Member about that a coup le of times and we have to agree to disagree on that. Championing the rights of people? They champion the rights of people when it suits them.
An Hon. Member An Hon. MemberThat is right. Hon. Michael H. Dunkley: When it is politically exp edient.
An Hon. Member An Hon. MemberThat is right. Hon. Michael H. Dunkley: Not when they have to make tough decisions, Mr. Speaker. It never did. I am really scratching my head tonight to think that five, six, seven, eight, nine Opposition Members can get up there and pound their chests and say how bad you …
That is right. Hon. Michael H. Dunkley: Not when they have to make tough decisions, Mr. Speaker. It never did. I am really scratching my head tonight to think that five, six, seven, eight, nine Opposition Members can get up there and pound their chests and say how bad you guys are on that side. But do you know what? We know what is going on because we are connected to the people. 660 12 February 2016 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, I just have to laugh because if I was not an optimistic and forward- thinking person, I would cry. I would cry, disgusted at that approach. Why do they not stand up and talk about same- sex marriage? I saw two of them down there in the crowd. Holding a placard—as my honourable colleague said, No courage . He is right. He is right. They only have the backs of people when it is politically expedient and it is easy to do.
An Hon. Member An Hon. MemberThat is right. Hon. Michael H. Dunkley: Well, Mr. Speaker, I can tell you one thing. Whether you like all of our dec isions or not we will continue to govern in the best i nterests of all Bermudians, Mr. Speaker. All Bermudians, Mr. Speaker. Now, let me just put …
That is right. Hon. Michael H. Dunkley: Well, Mr. Speaker, I can tell you one thing. Whether you like all of our dec isions or not we will continue to govern in the best i nterests of all Bermudians, Mr. Speaker. All Bermudians, Mr. Speaker. Now, let me just put a little name tag around the chest of honourable colleagues on that side. They want to talk about how good their record was and what they did. In immigration they want to talk about how bad we are. This Government instituted civil penalties. They did not have the nerve to do it. They want to talk about how bad we are with immigration. We instituted civil penalties and they do not even want to talk about it. Well, Mr. Speaker, that is because they do not have the nerve. Their policy of growing and building Bermuda can be summed up by taking a drive up South Shore Bermuda. Go up there, just past the gas station. And as you take the corner on Swizzle Inn, look at those buildings. I believe they are light grey, there. There are about 78 units. Forty -five million do llars!—
An Hon. Member An Hon. MemberThey cannot sell one. Hon. Michael H. Dunkley: Forty -five million dollars, Mr. Speaker, and they sold uno— one unit! Now, Mr. Speaker, we had parliamentary questions about those today. I just had to laugh. I give the Honourable Minister credit for answering because the former Government has the nerve …
They cannot sell one. Hon. Michael H. Dunkley: Forty -five million dollars, Mr. Speaker, and they sold uno— one unit! Now, Mr. Speaker, we had parliamentary questions about those today. I just had to laugh. I give the Honourable Minister credit for answering because the former Government has the nerve to come here and ask questions about a mess that they spent good money on and they could not even sell two units —two units —Mr. Speaker. That was the vision of the former Government. So do not try to lecture us about people and policy. We will move Bermuda forward. We care about all people, and we will continue to live and learn, and get the job done. Thank you, Mr. Speaker. Good night.
[Desk thumping]
The SpeakerThe SpeakerThe House is adjourned to Friday the 19 th of February. I wish you all a Happy Valentine's Day. [Gavel] [At 12:48 am [Saturday, 13 February 2016], the House stood adjourned until 10:00 am, Friday, 19 February 2016.]