July 24, 2024

Thank you, Madam
President.
Madam President , the recent tragic occurrence
of a number of violent deaths has rocked the I sland to
574 24 July 2024 Official Hansard Report

Bermuda Senate its core. Questions arise as to what if anything is being
done to prevent violence and the senseless loss of life? There are those who would say that nothing is being
done. However, t hankfully, there are those of us who
know the facts of the matter and stand ready to outline the programme s, policies and legislation designed to
ensure the security and safety of the community.
Madam President , the National Security Ministry’s Gang Violence Reduction Team ( or the GVRT)
was established in 2017 with Pastor Leroy Bean as the Coordinator. The GVRT, comprising of four dedicated
members, focuses on reducing gang violence and antisocial behaviou r in Bermuda. They have implemented
a Coordinated Crisis Response Team that provides immediate and post -incident support to families, relatives
and witnesses of violent incidents. This vital work miti-gates the impact of violence in our community, ensuring that those affected receive timely assistance and
access to necessary resources. The behind- thescenes efforts, often unseen by the wider community, help families navigate the aftermath of violent incidents and in some cases have prevented escalation or retaliation.
Madam President , significant progress is being
made. The GVRT ’s Redemption Programme and
Youth Work Placement and Mentoring Initiative have
been operational for five years. Over 150 young men between 15 and 30 years of age have completed the
programme, which provides paid employment opportunities, educational support and skills development to
benefit participants in their future careers. The GVRT
also delivers programmes in schools that focus on outreach, incident management and personali sed support
to stu dents.
Madam President , lives have been saved since
the introduction of Roadside Sobriety Checkpoints in 2018. Due to these checkpoints, several drivers have
been arrested while under the influence of alcohol;
countless others made the decision to seek alternative transportatio n rather than run the risk of being caught
at a checkpoint.
This year the Government has supported an
upgrade to the Bermuda Police Services’ [BPS] CCTV
network. The upgrade project will be completed by this
fall. The CCTV network will provide the BPS with enhanced coverage of the I sland ’s roads and public
spaces and will be an instrumental component of the BPS’ investigative resources. This level of CCTV coverage enhances community safety by deterring criminal
activities through constant surveillance, making potential offenders think twice before committing crimes. Additionally, when crimes are committed, it aids in the
swift identification and apprehension of suspects.
Madam President , in January 2022, the Department of Corrections welcomed its first female Com-missioner, Mrs. Keeva Joell -Benjamin, who continues
to lead Corrections in its mission to empower inmates
to be responsible and productive citizens . This Government has allocated funding for the improvement of computer labs at the Corrections facilities which have provided inmates with opportunities to gain access to online educational and technological programmes. Inmates who are seeking employment as part of thei r discharge planning can now be given a monitored personal email address, allowing them to communicate
with potential employers.
Madam President , this Government has approved the transition of the substance abuse recovery
programme, the Right Living House, from overseas
management to the Department of Corrections. The transition was completed in July 2024 and will provide
stability for the residents and more permanent employment opportunities for Bermudians. Overall, the inmates who participate in this programme continue to
benefit tremendously both whil e incarcerated and post -
release by way of the aftercare component of the programme.
Madam President , the Customs Department
monitors and controls the cross -border movement of
people and goods. Through partnerships with the BPS,
the Customs Department works to interdict contraband
items and illicit substances into and out of Bermuda.
Since 2018, the Cust oms Department has actioned approximately 2, 000 seizures of goods. In the same time
period, Customs has intercepted eight shipments that
contained firearm components, ammunition, spent ammunition or pepper spray. Their diligent work is boos ting community safety and security.
Madam President , to support the Customs Department, the Government allocated funds for the relo-cation and refurbishment of several of the Customs facilities including the cargo terminal and the yachting facility. A recent upgrade of th e department ’s X-ray
equipment has enhanced the department ’s ability to
scan containers and shipments to ensure that dangerous weapons do not enter Bermuda. The public will note that the Customs Automated Processing System (or CAPS) along with upgrades to the d epartment ’s IT
infrastructure have made declaring and processing
shipments through Customs less onerous and time
consuming.
Madam President , this Government was innovative in keeping the airport open when the require-ments for airport rescue firefighting services were
amended as a result of an audit of Skyport in 2022. The
urgent need for airport rescue- certified firefighters was
initially met through a contract with a Canadian company to provide overseas firefighters. The BFRS [Bermuda Fire and Rescue Service] recruited and trained
34 firefighters to replace the overseas contingent.
Madam President , this was no easy feat. The
recruitment required the Government to reallocate funds to cover the salaries of the new firefighters. The new firefighters were then put through intense and expedited training to ensure their readiness for service
before the c ontract with the Canadian company expired. The Government is pleased that the Airport Operations Division of the BFRS is now manned by a full


Bermuda Senate complement of Bermudian certified airport rescue firefighters.
Madam President , under this Government the
Royal Bermuda Regiment has undergone transformative changes that align with our commitment to modernise and enhance its effectiveness. As outlined in our
2017 party platform and reiterated in the subsequent Throne Speech, we pledged to end conscription— a
promise that was fulfilled with the enactment of the Defence Amendment Act 2018 in July.
Madam President , this pivotal legislation
marked a significant shift, transitioning the Regiment to
a fully voluntary enlistment model. There were concerns expressed regarding the ability to meet recruitment targets , and I am pleased to report that the Regiment not only met but exceeded expectations. Although the overall number of soldiers has decreased compared to the era of conscription, the quality of the
recruits has markedly improved. The voluntary enlistment has contributed to a more dedicated and skilled
personnel base. Soldiers are trained to be multi -skilled,
enhancing the Regiment ’s operational effectiveness.
Importantly, the voluntary model has also resulted in a
higher retention rate as soldiers who choose to serve
demonstrate a stronger commitment and longer tenure
compared to those conscripted. Madam President , this
evolution reflects our Government ’s strategic vision for
a moderni sed and capable defenc e force, and the positive outcomes achieved thus far validate the success
of this significant policy shift.
Madam President , in February 2020, the Regiment ’s Coast Guard Unit was established. The Coast
Guard initially worked with the marine police to bolster
inshore patrol capabilities during the busy summer
boating season. The Coast Guard has since evolved
into the sole agency with responsibility for maritime security in Bermuda. The Coast Guard provides 24-hour
on-duty capability during the summer boating season
and is available year -round to assist with marine distress incidents. The ongoing evolution of t he Coast
Guard will create expanded opportunities for young
Bermudians and promote skills development in the
area of marine security.
Madam President , the Disaster Risk Reduction
and Mitigation Team (or DRRM T) is the team within the
Ministry of National Security Headquarters that is responsible for national disaster mitigation and response
planning. To the uninformed, the team may be thought
of as the team that helps after hurricanes ; however, under the administration of this Government, the team has evolved into much more.
Madam President , the Disaster Risk Reduction
and Mitigation Team fosters relationships with other government agencies and external stakeholders to ensure that Bermuda is prepared to respond to a largescale disaster. The team has facilitated stakeholders ’
engagement in several areas including multi -agency
preparedness, cruise ship and port disaster planning
exercises, food security planning, evacuation planning, search and rescue operations, and the safe transport
and storage of chemicals.
Madam President , since 2019, Cybersecurity
is within the portfolio of the Ministry of National Secu-rity. The Ministry of National Security has developed a
comprehensive set of information systems , security
policies and a risk management programme in align-ment with industry standards. These policies and pro-grammes are being implemented across the public service to further protect from potential theft, fraud and unauthori sed access , thereby strengthening the overall
security of the G overnment ’s information s ystems.
Madam President , in August 2022, the Cabinet
approved a Cybersecurity Unit inclusive of a National Cybersecurity Incident Response T eam. The Cybersecurity Unit underwent a National Cyber Risk Assess-ment by the UK Home Office in November 2022, which highlighted Bermuda’ s strengths and weaknesses in
the cybersecurity space.
Most recently, Madam President , the Ministry
established the Cybersecurity Act 2024 to provide for
the protection of Bermuda’ s critical national information
infrastructures. Additionally, the Computer Misuse Act
2024 [repealed and replaced] the 1996 Act in order to
align Bermuda with the requirements of the Budapest
Convention on Cybercrime. Amendments to additional
legislation are forthcoming in furtherance of this aim.
The Cybersecurity Unit is evidence of the Govern-ment ’s commitment to promoting cybersec urity in Bermuda, particularly of the Government and other critical
national information infrastructure. The unit is now a
legislated body that will continue its work to prevent, prepare for and respond to cyber incidents in Bermuda.
Madam President , the initiatives, policies and
programmes of the Ministry of National Security and its
departments are representative of the Ministry ’s aim of
keeping Bermuda safe. The public can rest assured
that this Government will continue to direct resources
toward programmes and policies that improve the lives
of Bermudians.
Thank you, Madam President.

The President: Thank you, Senator Emilygail Dill.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR
The President: And, Senators, before I move on to the
final Statement, I would just like to welcome and
acknowledge the presence of Lt. Col. the Hon. David
Burch, Minister of Public Works. Welcome to you, sir.

[Statements, continuing]
The President: The final Statement then is in the name
of Senator Arianna Hodgson, the Junior Minister for Finance.
Senator Hodgson, you have the floor.
576 24 July 2024 Official Hansard Report

Bermuda Senate KEEPING OUR PROMISES
TO BERMUDA’S SENIORS

Sen. Arianna Hodgson: Thank you, Madam President.
Madam President, I speak in this Honourable
Senate this morning to announce another step forward in our commitment to our seniors. Last week Cabinet approved to increase the contributory pension benefits
by 2.4 per cent effective from August 16, 2024. This decision is a testament to this Government’s commitment
to supporting our seniors and the disabled, helping to
ensure their standard of living is protected. Earlier today I tabled the Contributory Pensions (Amendment of Benefits) Order 2024 which will give effect to this increase. Of course, t he Government will invite Senators
to take up this motion when we return after the summer recess.
Madam President, our seniors have dedicated
their lives to building our society, nurturing our families
and contributing to our communities . And as a Government we have taken on the responsibility of ensuring
they live their golden years with dignity, security and
respect. In our 2017 election platform we pledged to institute annual cost -of-living increases for social insurance pensions that will be linked to the rate of inflation,
and I am here to once again say, promise made, prom-ise kept! This year the i ncrease of 2.4 per cent is based
on the cost -of-living changes from September 2022 to
August 2023. This adjustment follows the 4.1 per cent
increase implemented in 2023 which reflected the economic realities of that period.
Madam President, it is important to highlight
that this increase in benefits comes without a corre-sponding increase in contributions. The Ministry of Finance conducted a thorough review and considered
several options, ultimately deciding that an increase i n
contributions at this time would place an undue burden on low -wage workers , reducing their take- home pay at
a time when the cost of living must be considered with
all decisions made by the Government. While the Government continues to consult on changes to social insurance contributions, contribution rates will remain the
same for this upcoming year.
Madam President, our seniors deserve nothing
less than our full support. They have contributed to the
growth and prosperity of our country, and it is only right
that we ensure their well -being in return. This 2.4 per
cent increase will provide tangible benefits to our pensioners , with the maximum estimated monthly pension
rising by $40, from $1,658 to $1,698 per month, and
similar proportional increases for widow/widower’s allowances and disability benefits.
Madam President, in closing, I want to emphasise this Government ’s unwavering dedication to our
seniors. We have a proud history of fulfilling our commitments to them. We delivered on our pledge to enhance the prescription drug benefit under FutureCare.
We continue to provide more affordable housing options for our seniors. We expanded the [Personal] Home Care [PHC] B enefit under FutureCare as promised. We introduced a Charter of Rights and Responsibilities for seniors. And today, Madam President, we
are reaffirming our commitment by increasing social in-surance benefits in line with the rate of inflation to support the seniors of Bermuda.
Thank you, Madam President.

The President: Thank you, Senator Arianna Hodgson,
Junior Minister for Finance. Moving on with our agenda.

INTRODUCTION OF BILLS

The President: There are none.

FIRST READING OF PUBLIC BILLS

DEVELOPMENT AND PLANNING
AMENDMENT ACT 2024

CORPORATE INCOME TAX AGENCY ACT 2024

BERMUDA HOSPITALS BOARD
AMENDMENT ACT 2024

The President: The following public Bills have been received from the Honourable House of Assembly and
are now read for the first time. Their titles are, respectively, Development and Planning Amendment Act
2024, Corporate Income Tax Agency Act 2024, and
Bermuda Hospital s Board Amendment Act 2024.
And, Senators, these will be taken up under our
Orders of the Day later.

FIRST READING OF PRIVATE BILLS
The President: There are none.

QUESTION PERIOD
The President: Senators, we will now entertain questions on the Statements that have been delivered this
morning. And we will entertain questions on the first
Statement that was given by Minister Darrell, entitled
Building a Better Bermuda by Promoting Cultural Heritage.
Would any Senator care to ask questions on
this Statement?
Senator Dwayne Robinson, you have the floor.

QUESTION 1: BUILDING A BETTER BERMUDA BY
PROMOTING CULTURAL HERITAGE, TOURISM
DEVELOPMENT AND SPORTING EXCELLENCE

Sen. Dwayne Robinson: Thank you, Madam President, and good morning to my colleagues and to the
listening public. Just a few brief questions.


Bermuda Senate The National Youth Policy was mentioned in
this Statement, and I just wanted to get an update on
what has been implemented from that National Youth Policy that we may not have heard in this particular
Statement.
Also, just with the National Youth Council, I
think it is a pretty good idea. I just wanted to know,
What is the National Youth Council versus the Youth Parliament? And will those two entities interchange?
Will there be a connection between them? Or would it
somewhat duplicate things if you are improving and
strengthening the Youth Parliament?

QUESTION 2: BUILDING A BETTER BERMUDA BY
PROMOTING CULTURAL HERITAGE, TOURISM
DEVELOPMENT AND SPORTING EXCELLENCE
Sen. Dwayne Robinson: Also, the Maker [Spaces]
studios were mentioned, and this is something that a
lot of creatives were excited about. So, I just wanted to
hear whether or not that has actually begun, the con-struction and renovation necessary for those studios. Is
that in pr ogress? And could the Minister let us know
when that may be estimated to begin, or if it has begun
already?

QUESTION 3: BUILDING A BETTER BERMUDA BY
PROMOTING CULTURAL HERITAGE, TOURISM
DEVELOPMENT AND SPORTING EXCELLENCE
Sen. Dwayne Robinson: Also, the Statement had as
part of the title “Tourism Development.” So, I was very interested to hear or look out for a possible update re-garding the Fairmont Southampton and whether or not
the developers have reached out to the Minister. Could
he give the public an update regarding that, because
that has probably the largest number of tourism beds,
and it is tied to airlift and all of that? So, if we are talking
about tourism development, that is a massive piece that was not mentioned in this Statement.
So, I just wanted to put those questions to the
Minister. Thank you.
The President: Thank you, Senator Robinson.
Would any other Senator care to ask questions
on this Statement?
Senator Tucker, Opposition Leader in the Senate.

QUESTION 1: BUILDING A BETTER BERMUDA BY
PROMOTING CULTURAL HERITAGE, TOURISM
DEVELOPMENT AND SPORTING EXCELLENCE
Sen. Robin Tucker: Good morning, Madam President.
My question is very basic.
I wanted to know about the Youth Parliament
for the public. How does one get involved? I appreciate
there may be information that goes out to the schools
and what have you. But in particular, home schools may not get that type of information. So, I just wondered, for the public and myself, how do individuals get involved in participating in the Youth Parliament?
Thank you, Madam President.
The President: Thank you, Senator Tucker.
Would any other Senator care to ask questions
on this Statement?
Hearing none, then it is over to you, Minister,
for your response.
Sen. the Hon. Owen Darrell: Thank you, Madam President. I thank Senator Robinson and Senator Tucker for those questions.
I just want to clarify something. This Statement
was speaking about all of the initiatives and policies that we had done over the last seven years. And you recall that the majority of those seven years, Youth
came under the then Minister of Youth, Culture and
Sport. It has since which moved. So, I cannot speak as
to where these policies are going now. It was in here as
what we started in the seven years. But to speak on
that, the National Youth Policy now lies with the Ministry of Youth, Social Development and Seniors.
So, at the appropriate time they —and it may
have been done in another place on Friday —can update on where the National Youth Policy is. I know that
before it was transferred, there was a robust group of young people who were part of this working group (we
call it). And this working group was to implement the
eight policy goals that were set out in that policy when
it was with this Ministry.
Now as far as an update on that policy, I will
not speak for another Minister’s Ministry. But I am sure, as active as my colleague is, at the appropriate time
she will give many updates as you have seen. Just this
weekend past, they had a very robust conference that
was won by members of this Youth Working Group. They had a presence at the County Game, which I was
able to stop by, and they were doing chat -and-chews
with different young people.
So, I can say, even though it has left my Ministry, this National Youth Policy is doing well. The goals are being completed. And I will leave (as I said) for my
colleague in another place to update at the appropriate time.
Also, the National Youth Council, same and
similar story with that one. It was something that first came to our attention when I was the then Minister responsible for Youth. We went to London for the Commonwealth Youth Ministers Conference. We did take the Chairman of the Youth Working Group, Mr. Theo
Wolffe, a remarkable young man. We did take him to London. And it was just a joy to see the networking that was done with all of the young people. Some of them
aspire to be politicians later in life, and some of them
do not. They just want to work and do what is best for
young people. But that was something that the idea
came from that visit to the Youth Ministers meeting.
578 24 July 2024 Official Hansard Report

Bermuda Senate I know a lot of times people like to make a meal
out of the work that we go to do in other jurisdictions.
But it is tangible results such as this that come back and we are able to implement them for the betterment
of our society and our people. And to answ er Senator
Robinson’s question directly, again my ministerial colleague who sits in another place will give a full update
maybe herself, maybe through the Chairman of the Youth Working Group, as to what work the Youth Council is doing and what they intend to do.
I can speak to a Throne Speech initiative that
came out of the Department of Culture, and that is
Maker Spaces. I am happy to report that a location has
been [found]. I am happy to report that renovations are
ongoing. I am happy to report that not only are we in
progress, but that we had someone in July who was ready to move in and become our first resident of the Maker Space. Unfortunately, their plans changed, and
the space was not needed. So, it has not started yet,
but it would have been ready to start in July.
And as we renovate the spaces even further,
we will be able to accommodate different pieces of cre-atives. You know, creatives come in different ways,
whether it be musicians, whether it be visual artists, the
like. So, we are definitely progressing with Maker
Spaces. And I am not going to announce the area right
now. I do not think I have put it in the public domain yet. But some further cleanup is required. We will get into
those details next month.
And the full launch—and we will have media
around it, and I am sure you will be invited to check it out—will be in September. So, thank you for asking that
question so we can update the public on what we are
doing in the area of Maker Spaces to definitely show
our creatives how much we value them. I mean, if you
have Instagram . . . I know Senator Robinson has Instagram along with Twitter and other social media platforms, but I am sure that he goes on and can see the
fine work that the creatives of Bermuda are doing. And I am sure that he would also agree that this Government is doing great work to highlight those creatives
and support them going forward in the future.
So, I am so happy he asked that question,
Madam President. And I am happy to highlight once again our creatives and what we are doing as a Government to bring these Maker Spaces to reality.
And on the final question he asked regarding
the topic of tourism development, although that does come under our Ministry, a lot of time tourism develop-ment and specifically what he is asking about is differ-ent properties. A big piece of that is the financ ing that
comes with it. And we will know that, as much as I do
like to do and get involved with in a community and help
people, the area of finance is not my expertise. So, a
lot of the i’s that are being dotted and the t’s that are
being crossed regarding this is held in a different Ministry from a different Minister, again, who sits in another place, and that would be Finance. It was not in this Statement, but I know as the
Senator listens very carefully in this place, he would
know that we have passed several TIOs [Tourism Investment Order] lately, mainly Arial Sands, mainly upgrades at Hamilton Princess, mainly upgrades at the
Azura. And there is one that I am missing, but there
have been some updates.
And one thing that I want to highlight, being that
he brought up that question about tourism development, is that we are going to be marketing more and
making people aware of what else is involved in this Tourism Investment Act, namely, attractions. And there
are individuals who are providing attractions, tourist attractions that people can come to Bermuda and be a part of. And we would like to see more people be applying for those attractions so that they can get the relief
that is available.
I know there are many people who offer seasonal attractions. So, to answer his question, that is all part of tourism development. And we ask the Senator to continue watching this space. And as tourism development does grow and get bigger and we see some
shovels in the ground, I am sure as he speaks about
the passenger load on aircraft and more tourists. But also what was not mentioned in this Statement is just the explosion of cruise ship visitors. And that also has
an impact on our society and our economy. So, thank
you to the Senator Robinson for [asking] those questions.
And Senator Tucker also asked a question
about Youth Parliament. And while I will say once again that Youth Parliament no longer comes under this remit, it was mentioned in the Statement and I have, as
everyone would know (most people would know) exten-sive experience in Youth Parliament. I know that Youth
Parliament is actually kind of run as a head by the
House of Assembly. So, if anyone is looking for infor-mation on Youth Parliament and how they can get their young person involved, there are two places that they
can reach out. They can reach out to the main line at
the House of Assembly, and they will direct them to who
the new advisor is now. Or they can reach out to the Office of Youth Affairs, and they will also connect them.
So, there are the ways that you can get information and
connected to Youth Parliament. It is not just through the
schools.
But I thank Senator Tucker for reminding us
and reminding the public of all of the things that we are doing socially to enhance the lives of young people and
all people in Bermuda.
Thank you, Madam President.

The President: Thank you, Minister Darrell.
Having answered all of the questions, we will
move on then to the second Statement that was given by Dr. Emilygail Dill, Senator and the Junior Minister for
National Security and Transport, Building a Secure and Safe Community Together.


Bermuda Senate Would any Senator care to ask questions on
this Statement?
Senator De Couto . . . Dr. De Couto, you have
the floor.

QUESTION 1: BUILDING A SECURE AND SAFE
COMMUNITY TOGETHER

And my second question
would be, Given the cyber attack that happened in late
2023, was there a further review of the unit and the outcomes that could be shared with us?
Thank you, Madam President.

The President: Thank you, Senator De Couto.
Would any other Senator care to ask questions
on this Statement?
Senator Tucker, you have the floor.

QUESTION 1: BUILDING A SECURE AND SAFE
COMMUNITY TOGETHER

Sen. Robin Tucker: Thank you, Madam President.
I would like to know, Are all of the CCTV cameras that were to be installed in the phase 1 period now all installed and operational? That is my first question.

QUESTION 2: BUILDING A SECURE AND SAFE
COMMUNITY TOGETHER

Sen. Robin Tucker: The second question is as it relates to Corrections, so at the bottom of page 2. I want
to know whether in addition to the inmates’ having monitored personal email addresses, whether they still have access to inmate phones, or PIN phones. I also
do recognise that an RFP [request for proposal] went
out in 2022 to install an inmate telephone system. I just
do not know what happened with that. So, I just wanted
to know if we could get some clarity around that.
Thank you, Madam President.

The President: Thank you, Senator Tucker.
Would any other Senator care to ask questions
on this Statement, Building a Secure and Safe Community Together?
Sen. Dwayne Robinson: I would, Madam President.

The President: Senator Robinson, you have the floor.
QUESTION 1: BUILDING A SECURE AND SAFE
COMMUNITY TOGETHER
Sen. Dwayne Robinson: Thank you so much.
So just really quickly, just to put these questions forward. I just want to know about the state of the
infrastructure within the Correctional facility, Westgate
and the Farm, and whether or not there are any issues that have been encountered by the Minister and
whether or not the Junior Minister has spoken to some
of the complaints that have come out in the press re-garding some of the infrastructure issues of those correctional [facilities] and how it has placed even the
prison officers in a bit of a risk. So, I just wanted that
addressed.

QUESTION 2: BUILDING A SECURE AND SAFE
COMMUNITY TOGETHER
Sen. Dwayne Robinson: Also, the programmes that
are available or listed to be available for inmates, I just
wanted to get a bit of an insight into whether or not all
of those programmes are consistently offered on a basis. In other words, if an inmate wanted to take advantage of one of the programmes, are they always
available to them as listed?

QUESTION 3: BUILDING A SECURE AND SAFE
COMMUNITY TOGETHER

Sen. Dwayne Robinson: And also, I just wanted to get
a bit of an update on how the Ministry as a whole will be targeting the lack of manpower within our uniformed
services, most specifically with prison and with the po-lice. And just also, the overall safety within the Correction facility for prison officers, whether or not those particular . . . b ecause I heard some (personally at one of
the Labour Days actually awhile back ) have been addressed.
Thank you, Madam President.

The President: Thank you, Senator Robinson.

[Pause]

The President: We will now give the Junior Minister an
opportunity to obtain answers to the several questions.
[Pause]
The President: Senator Tucker.

Sen. Robin Tucker: Thank you, Madam President. I
have a third question.

The President: Mm-hmm.

580 24 July 2024 Official Hansard Report

Bermuda Senate QUESTION 3: BUILDING A SECURE AND SAFE
COMMUNITY TOGETHER

Sen. Robin Tucker: And my third question relates to
the Disaster Risk Reduction and Mitigation Team. Given that over the last several months we have had
several updates/warnings about the increase in hurricanes and storms that we will probably be expecting during this perio d, I just want to know if the Disaster
Risk Reduction and Mitigation Team have sort of ramped up their efforts to make sure that they are fully prepared in the event that we do have some really catastrophic hurricanes, especially in light of all of the updates that we have been receiving about the storm.
Thank you, Madam President.

The President: Thank you, Senator Tucker.

[Pause]

Thank you, Madam
President. And thank you to my Senate colleagues. I
am going to try as best as possible to answer the questions that you have [asked] this morning.
With regard to Senator Dr. De Couto with regard to the actual report, I do not have it on hand here.
However, I can get that information to you. I believe that it has already been published in the public domain.
However, if not, I will endeavour to get that to you as
soon as possible.
With regard to the CCTV cameras, to my
knowledge we are on schedule with regard to the installation of the cameras. And as this update has pro-vided, we anticipate that it shall be completed by this
fall.
Senator Tucker, I am pleased to share that the
inmate telephone system has been installed. And it be-came operative a few months back. I cannot tell you
exactly which month, but I am aware that it was com-pleted, and the inmates do have access to that.
There was a question regarding the state of the
infrastructure. Can someone remind me what that was, please?

The President: Senator Robinson.

Sen. Dwayne Robinson: Thank you, Madam President.
And I was just inquiring about the state of infrastructure as far as . . . more specifically let us say doors
being able to open, like various safety issues for inmates and for the correctional officers.

Okay. With regard to
that question, as we are all aware that there are some areas of challenge that have to be addressed, I can as-sure you that the Ministry is actively addressing all of
the issues that are being raised. We are working very
hard to ensure that those who are incarcerated are indeed rehabilitated. And certainly, doing everything
that we can to ensure that they are also safe and healthy while they are in our care.
I believe that that is the bulk of it. Did I miss
something? Can someone please share? I ask . . .

The President: Senator Tucker, do you want to clarify
a question that you asked?

Sen. Robin Tucker: I was just responding to the Senator’s question concerned a missed question.
So, I was still waiting for a response about the
Disaster Risk Reduction and Mitigation Team and any
additional preparation that they may be doing in light of the fact that we have received several warnings about
a stronger and more active hurricane seaso n this year.
Thank you, Madam President.

The President: Thank you, Senator Tucker.
Senator Robinson, do you have a question
or—

Sen. Dwayne Robinson: Yes, just one on the outstanding questions.
The President: Yes.
Sen. Dwayne Robinson: I had an outstanding question regarding the programmes available to inmates
and whether or not all of the programmes that are listed
to be available for inmates are available consistently.

With regard to the
DRRMT, I do know that the DRRM Team is working
assiduously to ensure that we are fully prepared for the
impending hurricane season. I am not able to speak on
what the additional preparation consists of, but I can
assure you that they ar e preparing and doing all that is
required to ensure that we are safe.
With regard to the question regarding the programmes that are listed, all programmes are being ad-ministered as best we can with the resources that we have. And they are constantly being re- evaluated and
basically trying our very best to ensure that we do what
is necessary to ensure that those who are incarcerated are indeed rehabilitated and equipped so that they can
transition back into our community as productive citizens.
And, you know, I would like to share that we
are especially grateful for the individuals who come from within the community to basically work with those who are incarcerated. And every day you are hearing
of new things that are happening. Just yesterday I was
listening to Mr. Glenn Fubler, who talked about how he
and a group of other gentlemen go into the prisons at
least once a month in order to teach those who are incarcerated. And certainly, as we think about the eman-cipation celebration that will be com ing up next week,
the importance of teaching these individuals our history


Bermuda Senate so that they can learn from it and so that they can utilise
the information that they have in order to become more productive citizens. Thank you.

The President: Thank you, Senator Dill.
Senator Tucker.
Sen. Robin Tucker: Yes, please.

The President: She is leaving.

Sen. Robin Tucker: Oh, is she? Oh. I just wanted to
ask a supplementary sort of a question.
The President: Senator Dill, would you take a supplementary question?

SUPPLEMENTARY

Sen. Robin Tucker: Yes. And this is as it relates to the
inmate telephone system.
I would just like to know, I recognise that the
email system is monitored, and I would expect that the
telephone systems are monitored as well. I think over
the years we will have known that sometimes things
happen where monitoring does not always work. S o,
what I want to know is if the Junior Minister is able to
give any assurances to the public that efforts are
ramped up to ensure that inmates are not able to contact victims or that the inmate . . . there is a different
level of monitoring or that it has been ramped up.
And why that concerns me is because we know
we do not have enough prison officers. There could be
things that fall through the cracks. So, I just want to ensure, or ask the Junior Minister if she can give any kind
of assurance that lessons from the past have been
learned and that victims can rest assured.
Thank you, Madam President.
The President: Thank you, Senator Tucker.

Thank you, Senator
Tucker.
I can assure you because in actual fact there
are individuals whom I communicate with whom we
work with on a consistent basis. And how it actually
works is that the way that the phone system is set up,
there are only certain numbers that they are able to access. The numbers that they are able to access, the
prison authorities contact the individuals prior to pro-gramming the phone to be able to access that number
to, first of all, determine whether you wish to hear from
that individual. And then that is how they ensure that
they will not be reaching out to individuals who, as you
mentioned, are victims, et cetera.
I believe that they are doing a very good job in
terms of programming and monitoring that. I have seen it myself first -hand how it works. And I am pleased at
what they are doing in order to ensure that the inmates can communicate, for instance, with their family members or other individuals who are providing emotional support to them, as well as protecting any potential individuals who could be negatively impacted by their
communicating with them.
No more.
[Laughter]

Thank you, Madam
President.

The President: Thank you, Senator Dill, for answering
the questions that have been put forward.
Senators, we will now move on to our third
Statement, and that was the one that was given by the
Junior Minister for Finance, Senator Arianna Hodgson, entitled Keeping Our Promises to Bermuda’s Seniors.
Would any Senator care to ask questions on
this Statement?
Senator De Couto, you have the floor.

QUESTION 1: KEEPING OUR PROMISES TO
BERMUDA’S SENIORS

Thank you, Madam President. And you will be glad to see the increases for the seniors.
I noted that in the Statement, for anybody receiving a contributory pension, aka social insurance (let
me use that phrasing), the Statement did say that there
would not be increases in the payment into the fund.
Clearly from the prior actuarial review in 2020, the fund
was predicted to run out in 2040. My question is (1) Has
the next actuarial review been received, and what is the
summary of that?

QUESTION 2: KEEPING OUR PROMISES TO
BERMUDA’S SENIORS

And (2) There was a reform announced last April that was supposed to happen during 2023; what is the status of that pension reform for social insurance?
Thank you, Madam President.

The President: Thank you, Senator De Couto.
Would any other Senator care to ask questions
on this Statement?
Senator Dwayne Robinson, you have the floor.

QUESTION 1: KEEPING OUR PROMISES TO
BERMUDA’S SENIORS

Sen. Dwayne Robinson: Thank you, Madam President. And just one question from me.
The August price index 2024 [sic] showed that
food had increased by 5.6 per cent annually. So, I just
wanted to ask whether or not the Junior Minister
582 24 July 2024 Official Hansard Report

Bermuda Senate considers this a truly inflationary rise when we have a
cost of living that is showing that food has risen by 5.6 per cent and we have a cost of living, or inflationbased increase of 2.4 per cent?
Thank you, Madam President.

The President: Thank you, Senator Robinson.
Would any other Senator care to ask questions
on this third Statement?
Hearing none, then it is over to you, Senator
Hodgson.

[Pause]

Sen. Dwayne Robinson: Madam President, sorry.
Just for clarity. I spoke of the August price index 2024. I meant 2023. Just for clarity.

The President: Thank you, Senator Robinson.

[Pause]

Okay. With regard to
the inquiry regarding DRRMT, or the Disaster Risk [Reduction and Mitigation], the Team has carried out its
normal checks, and they have communicated with their stakeholders to ensure that they will have the resources and supplies to accommodate all needs. And
the weather is monitored on a daily basis. Thank you.

The President: Thank you. I am sure the Opposition
Senators were pleased to get a response before we de-parted.
We are waiting for Senator Arianna Hodgson
to respond to the questions that were posed to her.
[Pause]

Sen. Arianna Hodgson: Thank you, Madam President. I actually have quite simple responses to the
questions posed today.
There was a question about the wider reforms
to social insurance. And right now, I can indicate that we are going to hold our position until the wider reform
actually takes place. There were some questions posed by Senator
Robinson concerning the increase in food costs in com-parison to the 2.4 per cent. And I can say that the cost
of living, those data were calculated using retrospective information and that we used the latest draf t of the contributory pension fund details for the analysis.
I can also confirm that we have received a draft
actuarial review and that the findings from that will be forthcoming.

If the Senator has completed her answer . . . I was not sure.
Does the Government have a date in mind for
when it will release the intended reforms for social insurance and when it will release the actuarial review?
Thank you.

[Pause]

The President: Senator John Wight, you have the
floor.

QUESTION 1: KEEPING OUR PROMISES TO
BERMUDA’S SENIORS
Sen. John Wight: Madam President, just following on
the question of one of the other Senators, there would
have been an unfunded pension based on last year’s
actuarial evaluation. So even though we do not have
anything current, I think that is a matter of public record,
I believe.
So, I just ask if the Senator could provide the
unfunded pension liability in respect to the last actuarial
report? I think that would be a relevant figure for the
listening audience to hear today.
Thank you, Madam President.

The President: Thank you, Senator Wight.

Sen. John Wight: I would also like to declare my conflict of interest as a senior citizen. I am one of those
recipients of the 2.4 per cent increase. So, I certainly
appreciate the decision by the Government.
Thank you, Madam President.

[Laughter]

The President: We are waiting for Senator Arianna
Hodgson, Junior Minister of Finance, to obtain answers to the questions that have been posed to her.



Bermuda Senate Sen. Arianna Hodgson: Madam President, the number would not be available at this moment, but I can
seek to provide that information. And I can say that gen-erally speaking we do not have a confirmed date for the
wider pension reform as of yet.

The President: Those are your answers to all of the
questions that have been posed.
Thank you, Senator Hodgson, and thank you,
Senators.
And just for the listening audience, I just
wanted to advise that we are now going to move on to
the questions that had been forwarded prior to the sitting for answers today. And the Parliamentary Questions, in order, are those posed by Senator Robin
Tuck er.
Senator Tucker, would you like to read the
questions that you posed for response today?
Sen. Robin Tucker: Yes. Thank you, Madam President.
Would you prefer that I read one and then let a
response come forward, and then read the next? Or
just read them all three, one after the other?

The President: Read them one at a time, and we will
find out if the Government Senator wants to make a
change.

QUESTION 1: CENTRE AGAINST ABUSE —
BREAKDOWN OF EXPENSES INCURRED
Sen. Robin Tucker: Okay. Perfect.
So, my first question to Senator Simmons was,
Would the Junior Minister please provide the Senate
with a breakdown of expenses incurred by the Cent re
Against Abuse to explain the $400,000 Government
grant funding the Cent re received during the 2022/ 23
financial year when the amount originally budgeted was
$150,000?
Thank you, Madam President.
The President: Thank you, Senator Tucker.

Sen. Lindsay Simmons: Thank you, Madam President.
During the 2022/23 financial year, the Centre
Against Abuse did not receive the $400,000 in Government grant funding. Therefore, a breakdown of ex-penses incurred by the Centre Against Abuse for the $400,000 cannot be provided. This is an error in the
Budg et Book that is being investigated.
During the 2022/23 financial year, the Centre
Against Abuse received $250,000, which comprised a regular grant of $100,000 and a special grant of
$150,000.
Thank you.
The President: Thank you, Senator Lindsay Simmons,
Junior Minister for Youth, Social Development and Seniors.
Sen. Robin Tucker: Madam President, may I ask a
supplementary?
The President: You may ask a supplementary, yes.

SUPPLEMENTARIES
Sen. Robin Tucker: Thank you.
Can the Junior Minister then indicate when we
may actually have an update or if . . . Maybe I will put it
this way: Can [the Junior Minister] give an undertaking
that she will provide a response as to where the error
occurred and whether the error was just made known when the question came, or did they know prior?
So that would be my first supplementary. And I
believe I have a second supplementary as well?

The President: Yes. You are allowed two.

Sen. Robin Tucker: Thank you.
My second supplementary is, Can the Junior
Minister give a breakdown as to what the special grant
of $150,000 consisted of?
Thank you, Madam President.

The President: Thank you, Senator Tucker.

Sen. Lindsay Simmons: Thank you, Madam President.
For the first supplementary question, I will undertake to get an answer for you.
For the second one, the Centre Against Abuse
did not receive its 2021/22 annual grant of $150,000, as the Centre Against Abuse did not have a charity sta-tus. This special grant was provided to keep the Centre
Against Abuse afloat, covering outstanding expenses
such as payroll taxes, social insurance, pension, counsellor and hotline fees, accounting and bookkeeping
fees, and IT services.
The President: Thank you, Senator Lindsay Simmons.
I think there was an additional question.
Sen. Robin Tucker: Yes.

Sen. Lindsay Simmons: I [answered] the first one that
she asked.

The President: Yes.

Sen. Lindsay Simmons: I will undertake to get the answer to that.
[Crosstalk ]

584 24 July 2024 Official Hansard Report

Bermuda Senate Sen. Robin Tucker: Shall I proceed, Madam President, with asking the second question to the other Senator? I can ask the second question.

The President: Yes. You may ask it.

QUESTION 1: OFFICE OF THE PUBLIC GUARDIAN—UPDATE ON THE CREATION OF
Sen. Robin Tucker: And again, thank you to the Junior
Minister Simmons for responding.
My second question was to Senator Rev. Dr.
Emilygail Dill. And that question was, During the Speech from the Throne in November 2020, it was announced that the Office of the Public Guardian would
be established to provide independent services and
support for seniors, children and other vulnerable per-sons. Would the Junior Minister pleas e provide the
Senate with an update on the creation of this office?
Thank you, Madam President.
The President: Thank you, Senator Tucker.

Thank you, Madam
President, and thank you, Senator Tucker, for your inquiry.
With regard to the Office of the Public Guardian, a scoping exercise commenced in 2021 as a col-laboration between the Ministry of Health and the Ministry of Legal Affairs and produced a draft working document. The framework for the Office of the Public
Guardian was further developed as an ongoing collaboration, and efforts ensued. However, it was found that
supportive quantifiable data were required.
There has been further collaboration with Ministry partners, as well as the Bermuda Hospitals Board and the Bermuda Health Council toward that end. Recent collaborative work with the Ministry of Youth, Social Development and Seniors, along with the releva nt
enhanced data collected and the augmented policy
documents have resulted in a revised policy paper
which is being finalised for deliberation and approval by
the Cabinet currently.
Thank you.
The President: Thank you, Senator Dill.

SUPPLEMENTARY
Sen. Robin Tucker: Thank you, Madam President.
Just a supplementary.
Does the Junior Minister have an estimated
timeframe for when the policy will be completed?
Thank you, Madam President.
The President: Thank you, Senator Tucker.

It actually should be
completed within the month. Sen. Robin Tucker: That is great.

QUESTION 1: OFFICE OF THE PUBLIC GUARDIAN—BREAKDOWN OF FUNDS PAID TO ANY
GOVERNMENT MEMBER TO ESTABLISH

The President: Thank you, Senator Dill, for your response.
Senator Tucker, you did have a second question. And I will read, and I will let you know my decision.
Would the Junior Minister please provide the
Senate with a breakdown of the total amount of funds paid to any Government Member of the Legislature for
work performed to establish the Office of the Public Guardian for each calendar year from November 2020
to June 2024?
I would like to advise yourself and all Senators
that this information has been in the public domain. And
therefore, I do not expect the Junior Minister to respond
to this question.
Moving on then to the next set of questions
that—

Sen. Robin Tucker: Excuse me, Madam President.
May I just ask a question in response to your response
just for my own clarification?
I have seen in the public space one individual,
and I just wanted to know if there are others, or was it
just one?

The President: I have made my decision.
Sen. Robin Tucker: Okay. Thank you, Madam President.

The President: Thank you.
Moving on then to the next set of questions for
which Senators asked for a response today. The next
set of questions was presented to Senator Lindsay
Simmons to provide oral responses to the following
questions. And this is from Senator Robinson, Senator
Dwayne Robinson.

Sen. Dwayne Robinson: Thank you, Madam President.

The President: If you would like to ask your first question. I know I have it here, but you can ask it.

QUESTION 1: DEPARTMENT OF CHILD AND
FAMILY SERVICES—NUMBER OF CHILDREN
UTILISING 2020 –2024

Sen. Dwayne Robinson: Yes. Thank you.
Would the Junior Minister please inform the
Senate as to the total number of children who have used or currently utili se Family Preservation, Residential Treatment Services, and Counse lling Services of


Bermuda Senate the Department of Child and Family Services over the
last five years ending on 30 June 2024?
The President: Thank you, Senator Robinson.
Senator Simmons, when you are ready.

Sen. Lindsay Simmons: Thank you. Thank you.
Over the last five years from 2020 to the 30
th of
June 2024, the total number of children who have used
Family Preservation are as follows:
• 265 in 2020;
• 286 in 2021;
• 232 in 2022;
• 240 in 2023;
• 200 in 2024.
The Residential Treatment Services:
• 18 in 2020;
• 20 in 2021;
• 19 in 2022;
• 16 in 2023;
• 19 in 2024.
Counselling Services :
• 83 in 2020;
• 114 in 2021;
• 105 in 2022;
• 126 in 2023;
• 30 in 2024.

The President: Thank you, Senator Lindsay Simmons.
And the second question, Senator Robinson.
And just for the listening audience, these questions were presented or asked a week ago and to be
answered today. So written questions were presented, and Senators have prepared answers (hopefully).
You can ask the question just so that it is . . .

Sen. Dwayne Robinson: I just have a supplemental
for—

The President: On the response?

Sen. Dwayne Robinson: Yes. Just one regarding how
many of the young folks were sent overseas for services.
The President: What is your . . .

SUPPLEMENTARY
Sen. Dwayne Robinson: My supplemental is, How
many of those young persons or children that utilised the Counselling Services were sent overseas for treat-ment?
Sen. Lindsay Simmons: Madam President, I do not
have the answer for that right now because that was not posed in my question.
The President: Fine.
Sen. Lindsay Simmons: So, I can undertake —

QUESTION 2: DEPARTMENT OF CHILD AND
FAMILY SERVICES— STATUS OF INTAKE
SERVICES
The President: We will move on then to the second
question.
Would the Junior Minister please inform the
Senate as to the status of Intake Services in the Department of Child and Family Services?
Do you have that response?

Sen. Lindsay Simmons: The status of the Intake Services in the Department of Child and Family Services
continues to operate, and it operates within the required standard.

QUESTION 3: DEPARTMENT OF CHILD AND FAMILY SERVICES —AVERAGE NUMBER OF CASES
ASSIGNED TO SOCIAL WORKERS

The President: The third question that was presented
was, Would the Junior Minister please inform the Senate of the average number of cases currently assigned
to social workers?

Sen. Lindsay Simmons: Thank you, Madam President.
The average number of cases currently assigned to social workers varies and is based on mandated requirements. Intake and investigations, average
caseload is 68 per worker. Assessments, the average
is eight assessments at a time. Counselling Services,
average caseload is 15 per worker. Family Preservation, average caseload is 16 families or 20 children per
worker.

The President: Thank you, Senator Lindsay Simmons.
Senators, we will now move on to the third set
of questions, and these were presented to Senator Arianna Hodgson to provide oral responses to these
questions. And these questions were from Senator De Couto.

QUESTION 1: FINANCIAL POLICY COUNCIL
REPORT

The President: The first being, In November 2022, the
Premier and Minister of Finance announced that a review of the Financial Policy Council would be completed, and a full report finalised by April 2023. Would
the Junior Minister please inform the Senate as to the
conclusions printed in the report?
Senator Hodgson, you have a response?

Sen. Arianna Hodgson: Yes, Madam President.
586 24 July 2024 Official Hansard Report

Bermuda Senate The Financial Policy Council [FPC] review
group issued a number of recommendations which
were focused on mandating and adding further clarifi-cation to the Financial Policy Council’s mandate, the legal status, and that is reviewing costs and benefits of
an FPC legislative footing. They looked at external
management, membership, the FPC Chair and maintaining chairmanship with the Minister of Finance, the relationship with the Bermuda Fiscal Responsibility
Panel and strengthening that relationship.
And I can also note that the Financial Policy
Council is working through these recommendations
with an updated draft memorandum of understanding
scheduled to be reviewed at the July 2024 meeting.

QUESTION 2: FINANCIAL POLICY COUNCIL AND
THE FINANCIAL STABILITY COMMITTEE MEETING DATES PAST 24 MONTHS
The President: Thank you. And do you have a response for the second question?
Would the Junior Minister please inform the
Senate on all meeting dates for both the Financial Policy Council and the Financial Stability Committee over
the past 24 months?
Sen. Arianna Hodgson: Yes, Madam President.
And so, they have met a number of times over
the past 24 months. Dates would include the 11
th of
April 2024, the 6th of December 2023, the 13th of July
2023, both on the 13th and 20th of April in 2023, then
back in November of 2022 and August of 2022. As I
indicated just moments ago, we have another meeting
scheduled for the 25th of July.

QUESTION 3: FINANCIAL POLICY COUNCIL AND
THE FINANCIAL STABILITY COMMITTEE KEY
RECOMMENDATIONS PAST 24 MONTHS
The President: Thank you.
And the third and final question: Would the Junior Minister please inform the Senate of the key recommendations of the Financial Policy Council and the Financial Stability Committee over the past 24 months?

Sen. Arianna Hodgson: Yes, Madam President.
I can share that over the past 24 months, the
Council has provided advice to both the Minister of Finance and the Bermuda Monetary Authority on a number of key topics, which would include the key risks and
opportunities regarding the Bermuda economy, with a
focus on Bermuda’s domestic and international financial sectors, as well as other significant developments
in the insurance sector, developments in Bermuda’s banking sector regulation, and then the collaboration
between the Financial Policy Council and t he FRP
(which will be the Fiscal Responsibility Panel).
The President: Thank you. Thank you, Senator Hodgson.
And, Senators, that completes all of the questions that were presented last week for oral response today.
We will now move on.

[Pause]

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITORS
The President: I would just like to acknowledge the
presence of a number of people who are here in the
Senate, and they are here for the Bills. First of all, Per-manent Secretary Gina Hurst -Maybury for Public
Works. I want to acknowledge and welcome you.
As well as Stephen Symons , Policy Analyst
from the Ministry of Public Works. And Marcello Ra-mella, from the BMA, a technical advisor.
Welcome to you all.

The President: We will move on then.

ORDERS OF THE DAY

The President: The first order of the day is the West
End Development Corporation Amendment Act. And this is in the name of Senator Leslie Robinson, the Jun-ior Minister of Public Works.
Senator Robinson, when you are ready, you
can present your Bill.

Sen. Leslie Robinson: Thank you, Madam President.
Madam President, I now move that the Bill entitled the
West End Development Corporation Amendment Act 2024 be read a second time.

The President: Is there any objection to that motion?
No objection.

BILL

SECOND READING

WEST END DEVELOPMENT CORPORATION
AMENDMENT ACT 2024

Sen. Leslie Robinson: Madam President, this Bill
seeks to provide for the transfer of the assets, liabilities
and functions of the Bermuda Land Development Com-pany, Ltd. [BLDC], to the West End Development Corporation [WEDCO]; to amend the West End Development Corporation Act 1982 in consequence of the
transfer including, by renaming the Corporation as the
Bermuda Land Management Corporation, to repeal the


Bermuda Senate Base Lands Development Act 1996; and to make consequential, transitional and related provisions.
Madam President, in 2003, a report entitled
“Untangling Bermuda’s Quangos —A Review of Quangos in the Bermuda Government” was produced by the then Government Central Policy Unit . This report covered a wide range of topics including the establishment and governance of each quango at the time; its existing relevance, feasibility, effectiveness, levels of accountability to Government, expenditure, income; and whether
the work could be more effectively and more efficiently
carried out within government proper or by some other
means.
Madam President, that 2003 report and the
subsequent SAGE Commission report, presented a
decade later in 2013, both recommended a consolidation of Government quangos that share similar func-tions. These recommendations were held in abeyance
until this PLP Administration took the decision early in
our return to Government in July 2017 to have another
look at the reports and their recommendations with a view to actioning some of these items.
And this, Madam President, is what is being
discussed today, the consolidation of two Government quangos, namely, the West End Development Corporation and the Bermuda Land Development Company
to create a single entity named the Bermuda Land Man-agement Cor poration [BLMC].
Madam President, as stated previously, this
Bill seeks to provide for the statutory transfer of the as-sets, liabilities and functions of the Bermuda Land Development Company, Ltd. (BLDC), to the West End Development Corporation (WEDCO). So, while this is not a true merger as defined by legal terms, because
WEDCO is a statutory corporation and BLDC is a company incorporated under the Companies Act, for the
sake of simplicity we have been referring to this initiative as an amalgamation [rather than a] merger and will
continue to do so.
With this said, I wish to give as much context
about this Bill prior to any questions being received dur-ing these proceedings.
Madam President, as you can see, this Bill renames the West End Development Corporation as the Bermuda Land Management Corporation. The reason
for this is simple: The Corporation is now managing
land that is not solely in the West End. However, the
corporation’s function remains the same, which is to
manage and develop the land with a view to the pro-gressive improvement of the social and economic con-ditions obtaining there.
Madam President, this Bill does not amend the
governance or the general management structure of the Corporation, nor does it change the reporting and
approval requirements of the Legislature. For example,
the tabling of the Corporation’s annual report must still
occur. And all land dispositions, such as leases for over
21 years, still require approval from the Legislature. Madam President, there are no [sic] new powers given to the Corporation based upon the functions
of the soon- to-be-dissolved BLDC as set out in the
Base Lands Development Act 1996, which will be re-pealed. One significant difference relating to landhold-ing is that BLDC holds a lease granted by Government
over the former Base Lands. This lease will be surren-dered before the commencement of this Bill, and the Government’s title to the land will be subject to a statutory vesting in the Bermuda Land Management Corporation to align with the rest of WEDCO’s lands. The BLMC will be empowered to make a leasehold disposition of land in the scheduled area including the West
End land as well as the former Base Lands for a maxi-mum term of 262 years. This is an increase from the
maximum term of 120 years i n line with the Base Lands
Development Act.
Madam President, resulting from this Bill and
relating to this topic, there is a change to the Companies Act 1981 because of the increase in the maximum length of time for which the Corporation may grant a
disposition of land by way of a leasehold from 120
years to 262 years. If the BLMC wishes to grant a lease
agreement to the maximum amount of time to a local
company or an exempt company with a physical pres-ence in Bermuda, the company could not take such a
lease because of the current constraint in the C ompanies Act that only allows a company to lease land up to 50 years for the purpose of its business. Certain longer
leases are permitted for hotel residences, tourist accommodation and residential units in the economic empowerment zones.
This change would allow a company with a
physical presence in Bermuda to lease land up to 262 years if an agreement is made with the BLMC, and subject to the sanction of the Minister of Finance. Such a
lease would also be subject to the approval of the Legislature under the principal Act. The Registrar of Com-panies has been consulted and is in agreement.
Madam President, another new power of the
Corporation relating to land is that it will not need to seek Planning permission to subdivide property. Sec-tion 35B(1) of the Development and Planning Act 1974
requires that Planning permission is obtained for any
subdivision of land. Given that all land dispositions, including leases for over 21 years, by the Corporation require Legislature approval, there is no need for this
added requirement. And the exception aligns with that given to the Government in section 35B(2)(b) of the Development and Planning Act 1974. Consultation with
the Department of Planning did occur, and the depart-ment has no objections to this exemption.
Madam President, you may notice in the Bill
that a new power of the Corporation relates to the pro-vision of electronic communication services in accordance with an integrated communications operating licence (ICOL). Currently, the BLDC holds a communications licence with the Regulatory Authority [RA]
granted under the Electronic Communications Act. To
588 24 July 2024 Official Hansard Report

Bermuda Senate ensure all BLDC agreements can be honoured, this
new power formally allows the licence to be transferred to the BLMC and further ensures that the corporation will be able to maintain the status quo. The RA has
been consulted and are in agreement with this approach.
Madam President, most importantly, there will
be no job losses resulting from this merger. Let me re-peat: there will be no job losses resulting from this merger. Pre- merger and operating independently, WEDCO
had a staff complement of 37 people, and BLDC ha d
28 persons. Today as we move to combine the two entities, we will have a total complement of 56 people
[which is] a reduction of nine positions.
I am pleased that during this transition we were
able to do this without any redundancies. The management worked with both unions and staff to form a new collective bargaining agreement inclusive of reducing
management positions and expansion of specific blue -
collar positions primarily within the landscaping and
custodian sections.
Through the process of consolidation of roles,
the first -year savings were just over $600,000. This
savings is a one- time savings; however, if the entities
remain separate it would have been an annual expense. As we move forward, the entity continues to s ee
additional savings through software consolidation and
one annual user fee; consolidation of required offices
which affords one office to be rented at Triton House;
sharing of assets (both labour and equipment); reduction of electricity and telecom expenses. The objective
is to continue to look at ways to reduce operating costs
without adversely impacting services.
Madam President, thanks must be given to our
union partners, the Bermuda Public Services Union
and the Bermuda Industrial Union, for being instrumen-tal in ensuring that their members and our employees
move forward with us by agreeing and implementing
new union collective bargaining agreements.
Madam President and Senate colleagues, this
is the culmination of six years of hard work by this PLP
Administration. Many people did not believe that we
would be here, but we are. Madam President, this amalgamation is an opportunity to immediately effect
some cost savings by reducing duplication of roles,
combining responsibilities and bringing a sharper focus
to deliver on the Government’s mandate to control
costs and operate more efficiently.
Thank you, Madam President.

The President: Thank you.

Sen. Leslie Robinson: Thank you, Madam President.
I now allow Senate colleagues to ask any questions.

The President: Thank you, Senator Leslie Robinson,
Junior Minister of Public Works.
ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITORS
The President: And before I open the floor, I would just
like to acknowledge and to again state that the Honour-able David Burch is still with us, the Minister of Public Works. And he is joined by Andrew Dias, the Chair of
WEDCO.
Welcome to you, sirs.

[West End Development Corporation Amendment Act
2024, second reading debate, continuing]
The President: Would any Senator care to ask questions on this Bill?
Senator Dwayne Robinson, you have the floor.
Sen. Dwayne Robinson: Thank you, Madam President.
In principle, the One Bermuda Alliance supports all attempts to provide efficiencies within government services and also to reduce red tape. So, we look
forward to seeing how this new entity operates and congratulate the Government on achieving this amalgamation.
I just have a few questions. In clause 5, regarding the renaming of the General Manager to Chief Executive Officer of the BLMC, is there any change in remuneration for this post? And are there any more details that can be given on the job description of t his role
versus the previous one?
And also, could the Minister speak to the amalgamation of both entities’ financial reports and how that
process has gone? Whether or not there was any additional help required to make sure that this particular
new entity will start with basically a clean slate of financial standing in order to move forward in efficiency and to take advantage of the cost savings that they are receiving?
And also, a previous Statement in this place
spoke to a review of personnel after the amalgamation
of both entities. I just wanted to bring this to the Junior
Minister to answer whether or not it is entirely accurate
to say job losses will not occur when there has been stated in a Statement previously that personnel will be
evaluated post the amalgamation? I just wanted to get
a bit of clarity on that because it seems as though it is still not quite finalised as to whether or not roles will remain the same , or roles will be maintained. With that, I
give up my time.
Thank you.
The President: Thank you, Senator Robinson.
Would any other Senators want to speak?
Senator John Wight, you have the floor.

Sen. John Wight: Thank you, Madam President.


Bermuda Senate I would like to thank the Junior Minister for
bringing this forward. I think it is sort of light on some of
the detail that I am sure will be forthcoming. But cer-tainly, consolidating government quangos with similar
missions and operations makes good sense. Private
enterprises often conduct these reviews on a timely basis to, I am sure, optimise efficiency and reduce duplication of effort and costs. So, I am glad to hear the Jun-ior Minister present this Bill this morning. I am supportive of it.
Thank you, Madam President.

The President: Thank you, Senator Wight.
Would any other Senator care to speak on this
Bill?
Hearing none, then we will await a response
from the Junior Minister.
Sen. Leslie Robinson: Madam President, with respect
to the first question, the clause 5 change in money for
CEO: no change in amount of the salary for the CEO.
Number two, the financial reports: for this year
they will be separate, but then going forward they will
be combined.
Roles review. Staffing reviews will occur upon
retirement of current staff. And again, there will be no
reductions in staff.
Madam President, I think this answers all of the
questions.
The President: Thank you, Senator Robinson.
Hearing no other questions, I recommend that
you pass your Bill.

Sen. Leslie Robinson: Madam President, I now move
that the Bill entitled the West End Development Corporation Amendment Act 2024 be read a second time.
The President: Is there any objection to the second
reading?
No objection.

SUSPENSION OF STANDING ORDER 26

Sen. Leslie Robinson: Madam President, I move that
[Standing Order] 26 be suspended in respect of this Bill.
The President: Is there any objection to that motion?
No objection.

[Motion carried: Standing Order 26 suspended.]

Sen. Leslie Robinson: Madam President, I move that
the Bill entitled the West End Development Corporation
Amendment Act 2024 be read a third time.

The President: Is there any objection to the third reading?
No objection. BILL

THIRD READING

WEST END DEVELOPMENT CORPORATION
AMENDMENT ACT 2024

Sen. Leslie Robinson: Madam President, I move that
the Bill do now pass.
The President: It has been moved that the Bill entitled
the West End Development Corporation Amendment
Act 2024 do now pass.
Is there any objection to that motion?
No objection. The Bill is passed.

[Motion carried: The West End Development Corporation Amendment Act 2024 was read a third time and
passed.]
The President: Thank you, Senator Robinson. And
thank you, all Senators who have responded.
We will now move on to the next item of our
Orders of the Day. And that is the second reading of
the Development and Planning Amendment Act 2024. That is in the name of the Honourable Minister Owen
Darrell, Spokesperson for the Cabinet Office.
Senator Darrell, when you are ready you can
present your Bill.

Sen. the Hon. Owen Darrell: Thank you, Madam President.
Madam President, I now move that the Bill entitled the Development and Planning Amendment Act
2024 be read a second time.

The President: Is there any objection to the second
reading?
No objection.

BILL

SECOND READING

DEVELOPMENT AND PLANNING
AMENDMENT ACT 2024

Sen. the Hon. Owen Darrell: Thank you.
Madam President, today I lay before the Senate the Development and Planning Amendment Act
2024 that essentially affords the Development Applications Board discretion to approve retroactive develop-ment applications that presently must be refused and
considered by the Minister via appeal.
Madam President, this amendment underpins
the acknowledgment that the Government understands the frustrations that people experience when interacting with the Department of Planning and that there is a
590 24 July 2024 Official Hansard Report

Bermuda Senate clear recognition of the need for improvements to be
made. In doing so, the Government desires to improve procedures that will result in more efficient decision -
making and overall unburden the process.
Madam President, in 2018 amendments were
made to the Act to provide stronger enforcement powers to address unauthorised developments. These
amendments introduced provisions for the Director of Planning to issue contravention notices and civil penalties an d took away discretion from the Board to approve
retroactive planning applications.
In particular, the 2018 amendments added
section 20(2A), 20(2B) and 20(2C) to the Act, which have effectively required the Board to refuse in excess
of 90 per cent of retroactive planning applications.
However, most of these cases fully conformed to the processes of the relevant development plan.
Madam President, these amendments, originally intended to strengthen enforcement powers to address unauthorised development, have resulted in
added frustration for the public regarding the Planning process. We accept this, and we are prepared to make
the necessary changes.
Madam President, it is agreed that a penalty
should be applied to those who purposefully disregard Planning legislation. However, the current legislative
framework equally punishes those who blatantly ignore Planning legislation as well as those who have carried
out minor development without generally realising
Planning permission was required.
The current framework also places a significant
burden on technical officers and the Development Applications Board in respect of the time taken to process such applications and the subsequent appeal.
To address these concerns, the amendment
seeks to return the decision -making authority to the Development Applications Board for retroactive applications. This would reduce the bureaucracy associated
with the additional step for applicants having to appeal [the refusal of] retroactive Planning applications to the
Minister responsible for Planning, resulting in significant improvements in efficiency.
Madam President, removing these measures
through a further amendment will not dilute the depart-ment’s powers to enforce unlawful development. The
imposition of civil penalties run concurrently to a planning application process and effectively achieve the desired outcome of penalising those who knowingly
breach Planning control. And further measures such as enforcement notices are available to remedy harm which has been caused by unlawful development.
Madam President, this proposed amendment
to the Act represents the realisation of one of the measures we promised: to continue the overarching
aim of bringing greater efficiency to the Planning Department’s process and service delivery to the public.
Thank you, Madam President.

The President: Thank you, Minister Darrell. ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR

The President: Before I open the floor to Senators to
ask questions on this Bill, I would just like to welcome and acknowledge the presence in the Chamber of Mr. Paul McDonald from the Department of Planning.
Welcome to you, sir.

[Development and Planning Amendment Act 2024,
second reading debate, continuing]

The President: Would any Senator care to speak on
this Bill? Senator Dwayne Robinson, you have the
floor.

Sen. Dwayne Robinson: Thank you, Madam President.
As stated in the One Bermuda Alliance’s Reply
to the Throne, we have called for, and our Leader had
called for more reduction of red tape, more efficiency.
So naturally we support this endeavour for Government
to look to create a more efficient and streamlined process of Planning.
I would like to get a bit of clarity as far as retroactive , because there have been some Planning decisions that have caused a bit of a division within the
community. And we have seen Ministers step in and
overrule those decisions.
So just a bit of clarity to go forward [regarding]
how that particular dynamic will work. But otherwise, we fundamentally have no issues with this legislation,
and we will be monitoring its progress going forward.

The President: Thank you, Senator Dwayne Robinson.
Would any other Senator care to speak on the
Bill?
Senator John Wight, you have the floor.

Sen. John Wight: Thank you, Madam President.
My initial reading of the Bill was not favourable
in that it seemed to be giving people the out for some-thing that they should have done in the first place. But having heard the Minister provide more clarity around
the Bill, I feel better about it now. So, I support the Bill.
Thank you, Madam President.

The President: Thank you, Senator John Wight.
Would any other Senator care to speak on this
Bill?
Hearing none, Senator, you have full support.

Sen. the Hon. Owen Darrell: Thank you, Madam President.
I just want to make something clear. (And I appreciate the question that did come from Senator Rob-inson from the Opposition.) However, just to make it


Bermuda Senate clear that this amendment only affects retroactive Planning applications. There are no changes currently to
the proposed appeals process. So, I do not want us to get mixed up in what is an appeal of a controversial development, which I think the Senator is referring to, in these Planning applications.
As was pointed out by Senator Wight, I think
the brief was clear as to 90 per cent of the stuff that is
getting rejected is from minor technicalities. And you
know, we are still going to be punishing those who are
blatantly flaunting the rules. And the appeals process is on a different spectrum of what we are talking about.
With that, Madam President, I think the amendment here is, I would say, a harmless one.

The President: It is left to you to pass your Bill, Honourable Minister.

Sen. the Hon. Owen Darrell: Thank you, Madam President. I appreciate that.
Madam President, I move that the Bill entitled
the Development and Planning Amendment Act 2024
be now read a second time.

The President: Is there any objection to the second
reading?
No objection.

SUSPENSION OF STANDING ORDER 26
Sen. the Hon. Owen Darrell: Madam President, I
move that Standing Order 26 be suspended in respect to this Bill.

The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 26 suspended.]

Sen. the Hon. Owen Darrell: Madam President, I do
now move that the Bill entitled The Development and
Planning Amendment Act 2024 be now read a third
time.

The President: Is there any objection to the third reading?
No objection.

BILL

THIRD READING

DEVELOPMENT AND PLANNING
AMENDMENT ACT 2024

Sen. the Hon. Owen Darrell: Madam President, I
move that the Bill do now pass.
The President: It has been moved that the Bill entitled
Development and Planning Amendment Act 2024 do
now pass.
Is there any objection to that motion?
No objection. The Bill is passed.

[Motion carried: The Development and Planning
Amendment Act 2024 was read a third time and passed.]
The President: Thank you very much, Minister Darrell,
and Senators.
We will now move on to the third item on our
Orders of the Day, and that is the second reading of the Corporate Income Tax Agency Act 2024, and that is in
the name of Senator Arianna Hodgson, the Junior Minister for Finance.
Senator Hodgson, when you are ready, you
can present your Bill.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR

The President: Just before you do, I would just like to
acknowledge the presence of the Finance Secretary,
Mr. Chidozie Ofoego.

[Inaudible interjection]
The President: Thank you very much. And welcome to
you, sir.
Senator Hodgson, you can proceed.

Sen. Arianna Hodgson: Yes. Thank you, Madam
President.
Madam President, I move that the Bill entitled
the Corporate Income Tax Agency Act 2024 be now
read a second time.

The President: Is there any objection to the second
reading?
No objection.

BILL

SECOND READING

CORPORATE INCOME TAX AGENCY ACT 2024

Sen. Arianna Hodgson: Thank you, Madam President.
Madam President , it is my distinct honour and
privilege on behalf of the Government to introduce the
Bill entitled the Corporate Income Tax Agency Act
2024 . Madam President, t he purpose of this Bill is to
establish a corporate body to be known as the Corpo-rate Income Tax Agency [CITA or the Agency ] to
592 24 July 2024 Official Hansard Report

Bermuda Senate administer the Bermuda corporate income tax [ CIT] regime under the Corporate Income Tax Act 2023.
Madam President , by way of background, I
would note that in December 2023 the Bermuda Government enacted the Corporate Income Tax Act 2023,
which imposes a statutory tax rate of 15 per cent of the
corporate profits of multi -national enterprises with more
than €750 millio n in total global revenues in at least two
of the previous four accounting periods. It is estimated
that the introduction of the corporate income tax would
impact approximately 2,000 companies registered in Bermuda.
Madam President , Bermuda’s passage of the
Corporate Income Tax Act has been well received by
internal and external parties alike, including ratings
agencies, for the effective approach taken by the Government of Bermuda in bringing forth this historic legis-lation. This reaffirmed Bermuda’s long- standing commitment to be a cooperative, compliant and transparent
jurisdiction with respect to international tax matters.
Madam President , for the Bermuda corporate
income tax regime to function effectively, it is necessary to establish a Tax Administration unit capable of
administering the application of complex income tax
provisions to large organisations operating across multiple busines s sectors. Madam President , there are no
formal standards relating to the structure for a Tax Administration unit. However, in its 2017 report on Institutional Arrangements of Tax Administrators, the OECD
noted that key features, which are core elements of
successful tax administrations, include independence
in exercising statutory tax collecti on power s, sufficient
autonomy for the tax administration organising and
planning, budget management, performance management, resource allocation and human resource management, as well as clear rules, responsibilities and accountabilities for its operation that are translated into
organisational mission, vision and strategy.
The report further noted that institutional arrangements for tax administrations typically include a
directorate or directorates within the Ministry of Finance
or its equivalent, or semi -autonomous bodies which
may or may not have Board oversight. Success ful tax
collection requires specific statutory powers to enable the organisation to effectively perform its role. The main
powers are as follows:
• assessment of tax;
• tax law interpretation;
• enforcement and penalties; and
• interest.
Madam President , currently the public sector
does not have the expertise to administer a corporate income tax regime, which requires complicated calculation s of income and losses, deductions, exemptions
and various accounting carry -forwards. Therefore, to
efficiently administer the provisions and requirements
of Bermuda’s C orporate Income Tax, it has been determined after careful and considered evaluation that it is necessary to establish a Corporate Income Tax Administrative Agency. This Agency will have t he necessary structure and powers to ensure it is capable of successfully managing the application of these complex income tax provisions to such large multi -national
organisations.
Madam President , it is important to note that
this entity is required to be competent and credible internationally, as it must provide an appropriate level of scrutiny to tax filings by some of the most sophisticated
and well -resourced companies in the world. Additionally, qualified personnel will be required to maintain Bermuda’s reputation as they interact with senior officials from foreign tax authorities and the secretariats of
the Organization for Economic Co- operation and Development (OECD) and any other relevant bodies.
Madam President , as noted earlier, the C orporate Income Tax Agency will require several tax administration and compliance functions for efficient and effective operations. The core functions include the following:
• taxpayer services;
• return filing and processing;
• audit and compliance;
• enforcement and collections;
• dispute resolution and law interpretation; and
• international tax cooperation.
Consistent with the principles highlighted previously, the Ministry recognises that it is critical for the administrative entity to have the requisite operational autonomy to make technical tax adjudications, quickly
develop its administrative and compliance frameworks, and make timely and effective changes to its operations to meet relevant international and regional standards.
Madam President , in this legislation we are
building on the governance framework established for Bermuda’s well -respected independent financial regulator, which played a key role in preserving Bermuda’s reputation as a premier international financial centre. Key aspects of the legal construct of the Bermuda Monetary Authority Act have been incorporated into the
Corporate Income Tax Agency Act. This includes pro-visions related to Board and CEO appointments,
budget submissions, accounts and audit requirement s,
and the ability to request appropriate information to ensure that the Agency can appropriately carry out its responsibilities.
As is the case in many jurisdictions, including
other major financial centres, provisions are included to allow for ministerial directions which must be executed
transparently and aligned with the relevant principles
noted in the OECD report.
Madam President , notwithstanding the alignment with key areas of the Bermuda Monetary Authority [BMA] framework, the Bill also reflects the differences in the nature and scope of regulatory oversight
and tax administration. For effective governance and
accountability, a Board of Directors will oversee the
Agency. However, consistent with a common feature of
similar agencies as noted in the previously mentioned


Bermuda Senate OECD report, the Board will not have the authority to
direct the CEO or any other person on any statutory powers relating to tax administrative and enforcement, nor will it have access to taxpayer -specific information.
This recognises that the technical expertise will lie with the CEO and staff and is consistent with what has been
done in other jurisdictions. Key provisions relevant to a
tax authority have been primarily modelled after parts
of the Agency framework of a well -regarded G7 country.
Madam President , the Ministry established the
following objectives for the Agency:
1. establish an agency that is competent and credible internationally;
2. establish an agency able to maintain compliance with international tax guidelines to ensure
Bermuda is respected by peer jurisdictions;
3. establish an agency able to recruit, retain and
compensate the human resources talent at appropriate levels with the required specialised
experience and expertise to appropriately ad-minister the C IT Act 2023;
4. establish an agency able to rapidly and effectively develop and implement appropriate systems and services to enable it to fulfil its functions; and
5. establish an agency with the requisite operational autonomy, efficiency and effectiveness
to achieve the aforementioned objectives.
Madam President , we have identified key issues critical to developing the appropriate policy for the new Corporate Income Tax Agency. These include accountability, corporate governance, technical compe-tence, credibility and appropriate operational autonomy. To appropriat ely incorporate them into a proper
framework, the key provisions in the C ITA Act address,
among other things, Board appointments, duties and governance, chief executive appointment and responsibilities, policy directions, technical tax matters for ef-fective adjudication and enforcement, operational effectiveness, delegation of authority and the appeals
process. Given the size and sophistication of the entities and the nature of the matters to be addressed, ap-peals will be directed to the courts.
Madam President , this structure aims to in a
balanced way ensure that the Agency is effective, accountable, well -governed, technically competent and
credible. Consequential amendments establish a tax
reserve fund into which tax received will be paid initially
and ultimately, as part of the government revenue, will be paid into the Consolidated Fund. Additional details
on the management of tax receipts and key administrative rules will be addressed in subsequent legislation,
and consultation on these issues will be progressed
later.
Work has already commenced on the recruitment of an interim CEO, as allowed for under the Act to ensure that the Agency is set up in accordance with the
legislation and to make the necessary preparations for establishing a credible entity to manage the complex
CIT framework. We look forward to assembling a group of well -qualified and experienced individuals for the
Board to ensure the required level of oversight.
In relation to systems, it should be noted,
Madam President , that the OECD and others have
been keenly focused on promoting better and more ef-fective tax collection. The OECD has identified three types of tax administrations: Tax Administration 1.0,
Tax Administration 2.0 and Tax Administration 3.0, with three units having the highest level of digital interface
and the capability to process a comprehensive range of
taxes including personal, retail and corporate.
With the passage of this new legislation, Bermuda’s C IT Agency will work toward becoming a tax
administration unit of the future, appropriately combin-ing elements of the Tax Administration 2.0 and 3.0, as all of its taxpayers will be sophisticated multi -nationals
under the scope of Pillar Two. This represents a blend of e-administration and a new paradigm capable of assessing complex transactions. This will allow for more
effective management and utilisation of human resources and facilitate effective risk management.
Madam President , in closing, I would note that
the Government believes that the Corporate Income Tax Agency framework reinforces Bermuda’s continuing commitment to global compliance and transparency and is consistent with Bermuda’s strong international reputation. Today would not have been possible without the significant work done by the members of the
International Tax Working Group, who continue to provide key input into this critical work.
Madam President , I am honoured to serve as
Junior Minister of Finance during a time like this , and I
am privileged to work with a team of committed public
officers who go the extra mile to ensure that Bermuda
remains the envy of other jurisdictions. I am grateful for
all persons in the Ministry of Finance, including our ded-icated advisors, who gave their time, energy and intellect to make today’s historic achievement a reality.
They were supported by the Drafting Team of the Attorney General’s Chambers, to whom I must also ex-press my sincere thanks .
Madam President, on behalf of this Progressive Labour Party Government and in the name of all of
those who labour in the cause for a fairer and more just
society, I commend this historic Bill to the Senate.
Thank you, Madam President.

The President: Thank you, Senator Arianna Hodgson,
Junior Minister for Finance.
Would any Senator care to speak on this Bill?
Senator Douglas De Couto. Dr. Douglas
De Couto, you have the floor.

Thank you, Madam President, and thank you to the Junior Minister for the
presentation.
594 24 July 2024 Official Hansard Report

Bermuda Senate We in the OBA are supporting this Bill, but with
some important reservations that I would like to discuss
and seek clarification on. We recognise the importance of this Agency (i.e., the Corporate Income Tax Agency)
being established, being in place to enable the process
of the CIT becoming embedded and part of how the
country operates. We would have liked to have seen
this come out much sooner. We know that there has been a lot of uncertainty in the minds of potential CIT
taxpayers as to what is happening, what will happen,
what will evaluations be. So that is why we are glad to see this finally in place, and that will increase the certainty of the taxpayers.
As you know, Madam President, that is very
important for Bermuda as a jurisdiction. Businesses
want certainty, they want to be able to plan and they
want to get answers to their questions. So that is why, despite some of our reservations, we certainly support
this Bill.
Now, Madam President, as you know, as a jurisdiction one of Bermuda’s assets is our top- quality internationally recognised regulator, the Bermuda Monetary Authority [BMA], which we believe works very well
with industries with which it is supposed to regul ate in
a commercial manner while also upholding vitally important standards that those industries must meet and
the quality of how those businesses must be run and the safety for the investors and policyholders and various other stakeholders in those busin esses. So naturally, Madam President, we looked to that body, which
is operating quite successfully and well respected internationally, and compared it to this proposed CIT.
And while I take the Junior Minister’s points
with respect to some OECD guidance, with respect, Madam President, that is what has got us into this tax
situation in the first place. So, it does not mean we cannot do things a little bit our own way. And I think the
Bermuda Monetary Authority has been a very good example of that and has been very attractive for the Ber-muda jurisdiction.
So, one of the things that I want to highlight,
Madam President, is let us think about a Board of Di-rectors. They do not have many tools. Boards do not operate agencies or companies. They provide oversight. They monitor. They can ask questions. If you
think about it, they really have one tool, a bit of a nuclear option: They can get rid of the CEO (or the equivalent position) if that person is not doing a good job.
That is really their tool.
In this situation, Madam President, the Board
is not even able to set the pay of the CEO. They can
make a recommendation to the Minister, but the Minister ultimately sets the pay. This is in contrast to the Bermuda Monetary Authority, where the Board is i n charge
of all of the remuneration for the whole Authority. So I find that a little unfortunate in terms of, what are the levers, or the control, the role of the Board in oversight
of the CEO? Another issue that stood out to me is that the
Minister can delegate to the CEO of this Agency anything that is a responsibility of the Minister under law.
And my understanding of it is quite broadly written. You
might say, Well, I could see if there was a tax, a CIT
situation that came up that the Minister had to deal with.
They might say , Listen, CITA CEO. Can you deal with
this? That would make sense. But it was quite broadly
written. So, the way I read this is that the Minister is
controlling the pay of the CEO, and the Minister can
also delegate anything that the Minister has to do within the Ministry, Finance Ministry, to the CEO and staff of
this Agency.
So again, I am a little unsure of how we should
think about the role of the Board here with respect to
this Agency versus the role of the Minister. And I noted
that the Junior Minister highlighted that operational au-tonomy is an objective of this Agency. I feel that those
two aspects of this Bill really undermine that attribute of
operational autonomy that we in the OBA would have liked to see. So that is one concern that we have. And
frankly, we would welcome changes in the future that
would perhaps put a little more autonomy into this
Agency.
We also recognise some issues around the
Board’s being able to get information about taxpayers.
Now, we note that this is very sensitive information, and
we can admit that under normal circumstances, the Board should not be prying into details of taxpayer s and
things like that. But you can also imagine, Madam President, that if you were on a board, sometimes situations
come up. And as a board member, your job is to oversee. Is the Agency working well? Is the CEO and her
staff doing a good job? And if you c annot get the information required to make those decisions when certain
situations arise, how can you make those judgments?
So again, we would have liked to see that perhaps carved out with a little more subtlety to enable the
Board to duly exercise its responsibilities for oversight,
acknowledging the sensitive issue. We know that the
Act had language protecting confidentiali ty of information. That perhaps could have been extended to the
Board as well.
And a third area of concern that we have,
Madam President . . . actually one minor thing. I notice
that this Bill did not mention remuneration for the Board.
We will presume that there would be some. The BMA
Act is quite specific about the process for that. So, I as-sume that could also be corrected quite easily in the
future.
Some interesting points about the BMA Board
that I think people can appreciate are that Members of
the Legislature cannot serve on the Board. Government employees cannot serve on the Board. And Mem-bers of the Legislature cannot be members [of the] executi ve, you know, CEOs and so forth. And there are
also limits on the tenure of Board members of the BMA.
So, I think, Madam President, we can all appreciate
why that might be if you want a truly independent body


Bermuda Senate that sets up its standards, operates its standards and
can be governed more directly through legislation ra-ther than the staff being actual government legislators and things like that. And we can also appreciate,
Madam President, the benefit of having term limits on
some of these things. It keeps fresh perspectives coming in. It keeps new ideas and allows things to evolve
naturally.
So, Madam President, those are some of the
key concerns that we have. Like I said, we really look forward to perhaps seeing some changes in the future that would put a little more oomph into the independence of this Board. My view is that the industry, fr ankly,
would probably appreciate that as well.
One last thing I want to comment on is that we
also note the Tax Reserve Fund. We know that with the
CIT, as has been mentioned, the income from that can be quite variable. We also note that the Government is
going to develop liability through perhaps cer tain types
of tax credits that it might wish to develop in the future
and that we need to satisfy some tax revenues to cover those liabilities. So, we just highlight that as an important feature of this Bill as well.
So, with those reservations, Madam President,
we do support this Bill. Let us get this up and running. Let us get this system working. And let us bring certainty for the CIT taxpayers.
Thank you, Madam President.

The President: Thank you, Senator Dr. De Couto.
Would any other Senator care to speak on this
Bill?
Senator John Wight, you have the floor.

Sen. John Wight: Thank you, Madam President.
For starters, I would like to thank the former
Acting Permanent Secretary for Finance, Mrs. Cheryl -
Ann Lister, and her team for reaching out to the Senators to take us through this Bill, discuss it with us and answer our questions, which I found to be a v ery helpful
process. So, thank you to Mrs. Lister and her team for
that.
I support this Bill in principle. There has been
great collaboration between the Government and the private sector on all matters relating to this new corporate income tax, including the initial Bill which needed
to be approved by both Chambers before the end of
2023, and was.
The only comment I would have is the lack of
arm’s length between the Agency and the Government.
One of the reasons for establishing an agency is to separate the operations of the Agency from Government
both in fact and in appearance, much like the Bermuda
Monetary Authority operates separately and independently from the Government. For example, the Minister of Finance, in my view, has a great deal of author-ity in the governance and the operations of the new tax
Agency, starting with the approval of the sel ection of
the CEO. And in fact, if the Board has not yet been formed, the Minister himself is authorised to select the
CEO. So, I would have preferred to have had this min-isterial position have less power and influence over the
Agency.
Other than that issue, Madam President, I support this Bill and look forward to its adoption so that Bermuda can be in full compliance when required in 2025.
Thank you, Madam President.

The President: Thank you, Senator John Wight.
Would any other Senator care to speak on this
Bill?
Hearing none, then it is over to you, Senator
Arianna Hodgson, Junior Minister for Finance, to respond.
Sen. Arianna Hodgson: Yes. Thank you, Madam
President. I would like to thank my Senate colleagues
for their contributions this morning. Given that much of
the commentary was purely that, there were not many questions. I just want to point out a few items as we
wrap up.
I think it is important to highlight the fact that
the Corporate Income Tax Agency has actually been
established as a separate entity operating under a clear legal framework with a robust organisational and governance structure akin to that of comparable jurisdic-tions. And I think that this framework actually preserves the Government’s ability to set policy while also ensuring that the Corporate Income Tax Agency maintains
appropriate accountability to the Government while
also retaining autonomy and flexi bility in key operational areas. And I think that this approach combines the speed, efficiency and quality typical of the private sector, facilitating the recruitment and retention of talent within the Agency.
I think that it is also important that it allows for
policy directions from the Minister to actually guide the
Agency’s operations, given the impact that of course it
has on the finances of our country.
I think it is worth noting that while the CEO’s
salary is actually made on recommendation of the
Board to the Minister —and this is typical of other
boards that you have seen —I think it is also worth noting, Madam President, that there were some questions about the adequate levels of autonomy. And in clause
4(2)(a) through 4(2)(d) of the Corporate Income Tax
Agency Act, it has actually prescribed the Agency with the authority over matters relating to general administrative policy in the Agency; the organisation of the
Agency; human resource management, of course; and then of course the internal audit in the agency.
And again, the Agency will have its own Board
and a separate CEO. But the Agency will be able to establish its own policies, its own workflows and its own
IT system. Per clause 5(5) and 5(7), the Board or the
Minister cannot interfere with individual taxpayer mat-ters. And I think it is important that that remains.
596 24 July 2024 Official Hansard Report

Bermuda Senate Given that there were no further questions
posed by my colleagues, I would actually like to move
that [Standing Order] 26 be suspended in respect of . . .
I would actually like to take a step back,
Madam President, and move that the Bill entitled the Corporate Income Tax Agency Act 2024 be now read a
second time.

The President: Is there any objection to the second
reading?
No objection.

SUSPENSION OF STANDING ORDER 26
Sen. Arianna Hodgson: Thank you, Madam President.
I move that [Standing Order] 26 be suspended
in respect of this Bill.

The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 26 suspended.]

Sen. Arianna Hodgson: Thank you, Madam President.
I move that the Bill entitled the Corporate Income Tax Agency Act 2024 be now read a third time.

The President: Is there any objection to the third reading?
No objection.

BILL

THIRD READING

CORPORATE INCOME TAX AGENCY ACT 2024
Sen. Arianna Hodgson: Hearing none, Madam President, I move that the Bill do now pass.

The President: It has been moved that the Bill, the
Corporate Income Tax Agency Act 2024, do now pass.
Is there any objection to that motion?
The Bill is passed.

[Motion carried: The Corporate Income Tax Agency Act
2024 was read a third time and passed.]

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR

The President: And may I take this opportunity to
acknowledge Cheryl Lister here. And also, on behalf of
the Senate, to thank you for the information session
that you presented for not only Senators, but also the Senators and the MPs. It was very, very helpful. And we are pleased to inform you that the Bill is passed.
[Desk thumping]
The President: Thank you very much, Senators.
And we will move on to our last item in the Orders of the Day, and that is the Bermuda Hospitals Board Amendment Act.
Sen. Arianna Hodgson: Yes.

The President: We will give you a minute to prepare
yourself and you can present your Bill.

Sen. Arianna Hodgson: Yes. Thank you, Madam
President.

The President: As the Junior Minister of Health, you
have the occasion.

Sen. Arianna Hodgson: Yes, Madam. Okay, Madam
President.
I move that the Bill entitled the Bermuda Hospitals Board Amendment Act 2024 be now read a second time.

The President: Is there any objection to the second
reading?
No objection.

BILL

SECOND READING

BERMUDA HOSPITALS BOARD
AMENDMENT ACT 2024
Sen. Arianna Hodgson: Thank you, Madam President.
Madam President, I am pleased to introduce
the Bill entitled the
Bermuda Hospitals Board Amendment Act 2024 which has the effect for allowing all fees
for health care services provided in the hospital to be published online. Through the Bill, the Ministry of
Health seeks to reform the publication of fees for health
care services provided in hospital to be publi shed
online so as to increase the transparency and accessibility of published hospital fees and medical and dental
charges and to ensure up to date and easy -to-understand information is available to all.
Madam President, the structure and coding in
our current hospital and medical and dental fee schedules are outdated, unnecessarily complex and difficult
to navigate. In addition, the schedules themselves are not readily available to health care providers, insurers
or the public. This lack of transparency leads to confu-sion, uncertainty and potential discrepancies in billing and reimbursement.


Bermuda Senate Madam President, any future new fee schedules will be published online on the Bermuda Hospitals
Board and Bermuda Health Council websites similar to how Customs tariff schedules are also available online.
In this way, the fee schedules can be regularly up dated
to reflect the most current coding standards and fee information. Consequently, Madam President, health
care providers and insurers will have clear, concise and up-to-date information on what to charge and reimburse for the applicable services and a reference list of codes to use that are continually up to date. This will promote fairness, consistency and predictability in the
cost of these services.
Madam President, to keep the coding up to
date, we are retaining the resource- based relative
value scale assigned by the Centers for Medicare and
Medicaid Services with Bermuda- specific conversion
factors, ensuring that these remain aligned with international standards while reflecting the unique needs
and costs of our health care system.
Madam President, these reforms will bring numerous benefits. For health care providers it means
easier billing and reimbursement processes, re duced
administrative burdens, and greater confidence in our
financial operations. For insurers it means greater
transparency and claims processing, improved accuracy and reimbursement, and enhanced ability to man-age aspects of health care costs. For the public it
means greater clarity in health care bills and reduced
risk of unexpected charges.
In short, Madam President, this is a win- win for
everyone and represents another step forward in our efforts to create a modern, transparent and equitable health care system for all Bermudians. I am confident
that these incremental changes will make a real difference in the work and the lives in the relevant health
care providers, insurers and patients alike. I look forward to working with all stakeholders to implement
these changes smoothly and effectively.
Madam President, I am pleased to present this
Bill. Thank you.
The President: Thank you, Senator Arianna Hodgson,
Junior Minister for Health.
Would any Senator care to speak on this Bill?
Senator Tucker, OBA Leader in the Senate,
you have the floor.
Sen. Robin Tucker: Thank you, Madam President.
And I thank the Junior Minister for her [brief].
We in the Opposition support this Bill. It makes
sense. Of course, one thing that we do love is transparency so that is great.

[Laughter]

Sen. Robin Tucker: I have just one practical question.
I would like to know what the process is for individuals
who would like to walk into the hospital or the Health Council’s Office to actually view the physical documents. So that is my only question; otherwise, you have support.
Thank you, Madam President.
The President: Thank you, Senator Tucker.
Would any other Senator care to speak on this
Bill?
Hearing none then it is over to you, Senator Arianna Hodgson. You have full support on your Bill.
Sen. Arianna Hodgson: Madam President, I am just
awaiting confirmation [regarding] the hard copy ques-tion.

The President: That’s fine. Thank you.

[Pause]
Sen. Arianna Hodgson: Madam President, I do just
want to clarify that the amendment actually requires
that a copy be available at the Health Council at the
hospital and so of course we will make sure that persons are able to access hard copies if they so desire.
But ultimately all information will be available online.
And so if you wanted to go and walk in at the Health
Council or the hospital, you will get a hard copy.
Given that there are no further questions from
my colleagues, Madam President, I would like to move
that the Bill entitled the Bermuda Hospitals Board
Amendment Act 2024 be now read a second time.
The President: Is there any objection to the second
reading?
No objection.

SUSPENSION OF STANDING ORDER 26

Sen. Arianna Hodgson: Thank you, Madam President.
I move that [Standing Order] 26 be suspended
in respect of this Bill.

The President: Is there any objection to that motion?
No objection.

[Motion carried: Standing Order 26 suspended.]

Sen. Arianna Hodgson: Thank you, Madam President.
I move that the Bill entitled the Bermuda Hospitals Board Amendment Act 2024 be now read a third
time.

The President: Is there any objection to the third reading?
No objection.

598 24 Ju ly 2024 Official Hansard Report
B ermuda Senate BILL
THIRD READING
BERMUDA HOSPITALS BOARD
AMENDMENT ACT 2024
Se
n. Arianna Hodgson: Thank you, Madam President.
I move that the Bill do now pass.
The President: It has been moved that the Bill entitled
the Bermuda Hospitals Board Amendment Act 2024 do
now pass.
Is there any objection to that motion?
No objection.
The Bill has passed.
[
Motion carried: The Bermuda Hospitals Board Amendment Act 2024 was read a third time and passed.]
The President: Thank you, Senator Hodgson, and
Senators for your support of this Bill.
Se
n. Arianna Hodgson: Thank you.
The President: Moving on with our agenda.
MOTIONS
The President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Senator Lindsay Simmons, you have
the floor.
Sen. Lindsay Simmons: Thank you, Madam President.
Madam President, I would like to give condolences to the Place family. A few short hours ago, be-fore his 108
th birthday, Mr. Brownlow Place passed
away. So I wanted to give condolences to his family. And wow, what a life he lived. On this earth for 107 years, almost 108. So condolences to his family.
And on a positive note, I want to congratulate
St. George’s Cup Match team because I know they are going to win the—
[
Laughter and desk thumping]
Sen. Lindsay Simmons: —Cup Match this year. I am
faithful that they are going to pull it home for us in 2024.
Thank you, Madam President.
The President: Thank you. Sen. Lindsay Simmons: I know you agree, Madam
President.
The President: Yes, I fully agree.
Sen. Lindsay Simmons: Thank you.
The President: And I shouldn’t.
[
Laughter]
The President: Thank you, Senator Simmons.
Would any other Senator care to speak on congratulatory and/or obituary speeches?
Oh . . . yes, I see your hand, Senator Robinson. You have the floor. Senator Leslie Robinson.
Sen. Leslie Robinson: Thank you, Madam President.
I too would like to share in the condolences for
the Place family. And it was just wonderful the number of years that he lived. And so, our prayers are with them at this time.
Madam President, on a happier note, I want to
congratulate, she is a cousin of mine, Mrs. Winnie Bowen Grant, on celebrating her 95
th birthday last
week. And if anybody knows Cousin Winnie, you will know that she does not look 95 years old. She probably just looks a day over 75. She is just an elegant lady. And she celebrated it well with her wonderful daughters. I want to congratulate her on her 95
th birthday.
And now, Madam President, I would like to
congratulate my Bailey’s Bay Cricket Club—
[
Desk thumping and laughter]
Sen. Leslie Robinson: —f or winning and retaining
the Eastern County Cup on Saturday . I know there was
another person in this place last week this time who
was bragging about their team, Cleveland County, winning. But Madam President, I would like to say that the
Bailey’s Bay C ricket Club won in fine fashion by 142
runs. Thank you. And also on that note, I would like to
congratulate Dion Stovell from Cleveland County as he
was one who has now scored over 1,000 runs during
the County competition as well as my own Stephen
Outerbridge from Bailey’s Bay who also reached the
1,000 runs milestone.
So, with that, Madam President, I also want to
congratulate St. George’s because I am confident they
are going to win next week.
[
Desk thumping]
Sen. Leslie Robinson: Bring that Cup back to St.
George’s.
Thank you, Madam President.
The President: Thank you, Senator Leslie Robinson.


Bermuda Senate Would any other Senator care to speak at this
time?
Senator Robin Tucker, you have the floor.

Sen. Robin Tucker: Thank you, Madam President.
I will start with condolences. I want to express
condolences to the family of Jennifer Simmons. I
worked with Jennifer for a number of years at Conyers. So, I wanted to express condolences to her and her
family.
Also, condolences to the family of Apostle Jimmie Denwiddie. He has recently passed away. So, I just
wanted to, again, acknowledge his passing and extend
condolences to his family, friends, and certainly his
New Creation [Worship Center] congregation.
I also want to express condolences to the family of Sinclair Woolridge, in particular his wife, Lynne, who was a Senator in this very Chamber. Her husband,
Sinclair, was the OBA Treasurer, and he has passed
away recently so we certainly want to ensure that we
express condolences to Lynne and to [Sinclair’s] family and to those that he was very close to in the OBA and
also in the community, and his family.
I actually had one point of congratulations. I
was going to congratulate the Bailey’s Bay Cricket [Club] team for their win. And Senator Robinson has
already expressed that so being the good sport that I am—

[Laughter]

Sen. Robin Tucker: I will associate myself with her
congratulations.
Thank you, Madam President.

The President: Thank you, Senator Tucker.
Would any other Senator care to speak?
Senator Douglas De Couto, you have the floor.

Thank you, Madam President.
I would like to associate myself with Senator
Tucker’s comments regarding Sinclair Woolridge, his passing. I would also like to send condolences to the
family of Sheila Nicholl, to her husband Steve, and their
sons. Ms. Nicholl, there is quite a good writ e-up today
on it. There is a lot to say, but for me it is particularly
relevant. She was a long- serving board member of the
National Museum of Bermuda, or at the time, the Maritime Museum and a prior chair of that museum. She did a lot of good work for the museum and was very good
to us and we will miss her. So, to her family I want to
send my condolences.
Thank you.
The President: Thank you, Senator De Couto.
Would any other Senator care to speak on
Condolences and Congratulations?
Minister Darrell, you have the floor. Sen. the Hon. Owen Darrell: Yes. Thank you, Madam
President.
As the Minister responsible for Sport, I think it
is my responsibility to congratulate the Bailey’s Bay Cricket Club—

[Laughter]

Sen. the Hon. Owen Darrell: —as much as that pains
me. But there were some sparkling individual displays that were on display at the Lord’s [Oval] cricket club on Saturday. First and foremost, the two gentlemen who
were spoken [about] by the Opposition Senate Leader.
Mr. Stephen Out erbridge . . . It is remarkable that he
can have the longevity in this sport, as well as taking
on the administrative role as president of Bailey’s Bay
that he has taken on in a couple of years. Many times, you see that when a former player or player moves into
an administrative role, they pull back from actually their
playing career. And we know that Mr. Outerbridge had a long Cup Match career as well. And he did pull back
from that aspect, but to see that continued to play at a
high level for his club team of which he is now the president of and to see him get a thousand runs on Saturday was very impressive. Even though he comes from around the other side of the Sound.
[Laughter]

Sen. the Hon. Owen Darrell: And obviously a player
for my team, Cleveland County. And I would say he is
the quickest . . . they said the fastest to reach that milestone. And that is Mr. Dion Stovell, who also got 1,000 runs on Saturday. But the other displays that were on, and I will say to a Bermudian who has been abroad
playing cricket for many years, he has been back for
about a year now. The C aptain of the Bermuda National
Team, Mr. Delray Rawlins, put on an impressive—I
mean, much to my chagrin, display of 130- odd on Saturday to propel his team to victory.
But I will finish with the skipper, the captain of
Cleveland County, in a losing effort, Mr. Mackih McGowan, who has now become one of the elder
statesmen of that team, led from the front. And I see
you have on your Cleveland County blue and white to-day, Madam President. And I say thank you for doing
that this morning. But Mr. McGowan, Mackih, led from
the front as the skipper. He took seven wickets . . .
seven wickets, and that was impressive when we were
looking at the stats.
But to everyone who was involved in the Eastern County, it continues to be one of the more popular
sporting events on the Bermuda calendar and I was
happy to be there at the start. I was happy to be there during the day and I will tell you, Madam Presiden t, I
was more than happy to leave because I am not sure how much of that I could have taken on Saturday. But congratulations to Bailey’s Bay and everyone who was
involved. And you know, congratulations to the players
600 24 July 2024 Official Hansard Report

Bermuda Senate who did well. And hopefully, those performances will
propel them into solid spots in the Cup Match Classic next week.
Thank you.
The President: Thank you, Minister Darrell.
And I would just like to associate myself with
the condolences expressed for Mr. Brownlow Place who happens to be my relative. I would just like to take
an aside and say to you that he identified. He asked me
who I was. He asked me who was my mother, and h e
said, Oh, yes, that’s my cousin. And he did this in the
doctor’s office when we were all there. So, it was incredible when you talk about his memory. But a fine
gentleman and he leaves a lot.
I would just like to also say that Mrs. Cecille
Snaith -Simmons was someone who talked to him on
the phone regularly and I am sure she also will be quite
distressed to know that he has passed. But he had
many friends throughout the Island. And he lived as you
have said, he had a very full life. And so I would like to extend condolences to the entire family and to all members . . . Mrs. Place, who is the administrator of the Legislature, who is also a relative. So, condolence to the
entire family.
And I would also like to associate myself with
the condolences expressed for Mr. Denwiddie, Pastor Denwiddie. So, I associate myself with Senator Robin
Tucker for the condolences expressed [for] him.
With that said, it is . . . adjournment.
Minister.
[Pause]

[Laughter and crosstalk ]

ADJOURNMENT

Sen. the Hon. Owen Darrell: Thank you, Madam President.
Madam President, I do now ask that the Senate do adjourn until Wednesday, September 25.

The President: Thank you, Minister.
Would any Senator care to speak on the motion to adjourn?
Senator Dwayne Robinson, you have the floor.

CUP MATCH

Sen. Dwayne Robinson: Thank you, Madam President. I will be very brief.
I just want to wish my colleagues in the Chamber and also the listening public a very happy and safe Cup Match holiday. The Cup does not have to travel
too far. It is going to stay where it belongs —

[Laughter and crosstalk ]
Sen. Dwayne Robinson: —in Somerset. So, it will be
hosted in Somerset, so I look forward to seeing . . . I
always love when it is hosted on home turf. A lot of, kind
of, misjudged congratulations coming from the other
side, but I say, you know, you got autonomy as a Member of this Chamber. And I just wanted to remind Bermudians that you have an obligation to also speak
about the history and I want to acknowledge the Minister’s efforts in that regard to bring the cultural heritage
side of it, coming to the forefront. Because I think a lot
of our young generation need to rememb er what the
holiday is actually for.
And I want to also give folks a warning that you
are there to have fun, but let’s make sure that all of our
relatives, all of our loved ones get home safely whether
they be riding or driving. And also, let’s just remember
that we are more alike than we ar e different. Right? And
even in this Chamber I have a Senate cousin, Senator
Robinson on the other side who is wearing those blue
and blue colours.

[Laughter]

Sen. Dwayne Robinson: And I just want to let everybody know that [there] are two Robinsons in the Chamber. We are similar but we represent different teams. And we can get along, we can co- exist. So you know,
let’s keep that spirit going and let’s have a safe and happy and heal thy Cup Match for everybody. Okay?
The President: Thank you, Senator Dwayne Robinson.
Sen. Dwayne Robinson: Thank you.

The President: Would any other Senator care to speak
on the motion to adjourn?
Senator Robin Tucker, you have the floor.

CUP MATCH

Sen. Robin Tucker: Thank you, Madam President.
Gee, I don’t have much more to add. I mean,
my Senate colleague here he wrapped it all up quite nicely.

The President: Mm-hmm.

Sen. Robin Tucker: I just would like to again say [that]
I am a Somerset supporter. I have been pretty much all
my life.

[Inaudible interjections and laughter ]

Sen. Robin Tucker: And I would like to extend best
wishes for this Cup Match period. Best wishes to St.
George’s, unfortunately there will be disappointment
when they are heading back to the east.



Bermuda Senate [Laughter]

Sen. Robin Tucker: But you know, we are all looking
forward to that.
But I also would like to tell the listening audience to please be mindful of drinking and driving. We
all enjoy the holiday. We all enjoy the celebrations and
all the partying and everything that comes along with that. We would like to ensure that everybody has a
good time and gets back home safely. And so it is important to be able to . . . I just want to remind people to
do that. Be careful on the water. That is going to be also
important. We have had incidents before. Let’s learn
from them and everybody have a good time.
One of the things I also want to add is please,
listening audience, watch your children. Watch your
children around the water. Watch your children in spaces where there are adults which we know that a
myriad of things that are not good that can happen to
children when we are not paying attention to them. So
please do not let your guard down. Keep your children
at the forefront and keep yourself sort of focused on
what they are doing.
So with that, again, this is my favourite time of
the year. And I am sure that I could probably speak for everybody in here. It is a time for us as Bermudians.
We put aside our differences. We are able to embrace each other and celebrate each other and re ally enjoy
each other’s company. And it is something that I would
like us to . . . to see us do more often. So, again, with
that, pre- congratulations to Somerset for retaining the
Cup.

[Laughter]

Sen. Robin Tucker: And thank you and have a great
and wonderful and safe Cup Match holiday, everyone!
Thank you.
The President: Thank you, Senator Robin Tucker,
OBA Leader in the Senate.
Would any other Senator care to speak?
Senator Lindsay Simmons, you have the floor.

PLP CONTINUING TO WORK DILIGENTLY FOR
THE BETTERMENT OF BERMUDA

Sen. Lindsay Simmons: Thank you, Madam President.
I first want to disagree with what was said on
the other side.

[Laughter]

Sen. Lindsay Simmons: But you know, we all can’t be
perfect.
But on a serious note, Madam President, when
it comes to public finances and the country’s fiscal position, I often hear the Opposition politically biased doom and gloom half stories, which inspired me to take
a moment today to highlight the prudent economic and fiscal stewardship demonstrated by our Government.
No, Madam President, I am not here to suggest that
everything is perfect, nor am I here to sugges t we have
got everything right. But what I am here to say is that
after leading us through a once- in-a-lifetime pandemic,
we are turning the corner and heading in a positive direction.
When I say that, I recognise that we have an
Opposition trained by consultants to find fault in any-thing we do. But in my opinion, this then places value
to independent assessments by internationally recognised bodies. Madam President, you may recall a few weeks
ago Mornings tar DBRS, the fourth largest rating
agency in the world released their credit rating report on Bermuda. And not only was this a positive report on
Bermuda from a highly regarded rating agency, but it
also serves as a testament to our robust economic pol-icies and prudent financial management.
Madam President, Mornings tar DBRS assigned an “A” credit rating to Bermuda which reflects
their confidence in our economic direction. I was encouraged to see that within the report they highlighted the Government’s fiscal discipline, strong financial
oversight and the positive trajectory of our economic recovery. I was further encouraged because this en-dorsement aligns with similar positive evaluations from
other renowned agencies including S&P, Moody’s and
KBRA.
You see, Madam President, despite the wild
criticisms and misleading narratives we hear from the
Opposition it will not drown out the clear and objective
evaluations from globally recognised rating agencies.
Again, I am not suggesting that everything is perfect. I
am not suggesting we have not made mistakes along
the way. But what I am saying is that when you remove the political biases, just as these rating agencies have
done, you will see significant progress that has been
made in such a short period of time.
Madam President, I ask myself, Who will the
people trust? The credibility and expertise of global recognised rating agencies or the baseless and politically
motivated rhetoric of Senator De Couto?
Madam President, it is as if Senator De Couto
wants people to forget that the two largest deficits in Bermuda’s history —

Sen. Dwayne Robinson: Point of order, Madam President.

Sen. Lindsay Simmons: —occurred while they were
in Government.

Sen. Dwayne Robinson: Point of order, please.

The President: Senator Simmons, there is a point of
order.
602 24 July 2024 Official Hansard Report

Bermuda Senate What is your point of order?

POINT OF ORDER
[Impugning integrity]

Sen. Dwayne Robinson: Yes. The Member is directly
impugning integrity. Can she withdraw that statement, please?

The President: Senator Simmons, you need to withdraw it.

Sen. Lindsay Simmons: Madam President, we have
to remember the poor Morgan’s Point deal which has
cost the country over $220 million and counting. It is as
if they want us to forget Bermuda was downgraded by
these very same agencies while the OBA was in Gov-ernment.
But Madam President, let me assure the OBA
that none of us will ever forget what was told to us di-rectly. That if given the opportunity they would do it again.
Madam President, I recognise that the
events —when I speak of record economic growth, the
lowest unemployment rate since 1980, record cruise
arrivals, reducing our debt —I recognise there are still
many challenges that our people are facing with the
cost of living being chief among them. Madam President, I want the public to know their concerns have not
gone unnoticed. And as the Premier stated last night in
his address, we are actively working on additional ways
to provide relief while remaining fiscally prudent. It is a
difficult balance, but it is one that I am confident we will achieve.
So, Madam President, this Government remains steadfast in its commitment to fiscal prudence and economic prosperity. We will continue to work diligently for the betterment of Bermuda, and we remain
guided by the positive affirmations of our financial stew-ardship and trusted and respected international bodies.
Thank you, Madam President.
The President: Thank you, Senator.
I would just like to . . . Senators, I would like to
recess for five minutes. Thank you. (Two minutes.)

[Pause]

The President: Good afternoon, Senators and listening audience. The Senate is back in session.
I believe that Senator Leslie Robinson had indicated that she would like to speak at this time on the
motion to adjourn.

CUP MATCH

Sen. Leslie Robinson: Thank you. Thank you, Madam
President. I just want to again wish everyone a happy Cup
Match and for them just to remember what the celebra-tions are all about and how they actually started. Yes,
we play cricket, but we must remember that we are celebrating our emancipation. We are celebrating Mary Prince. And it is just so important that even as we are
enjoying the games and bantering, and even as Senator [Dwayne] Robinson on the other side said, we got on our different colours, but we definitely still like to enjoy the game and enjoy the actual holiday.
And so even with your eating and drinking and
partying and being on the water and [at] the beach or
at the cricket game, whatever you are doing, just take
out time to remember what we are celebrating and why we are celebrating.
Also, on that note and consistent with others, I
also want to remind people to slow down on the roads. Slow down and also remember about drinking and driving. And we pray for a safe and happy holiday.
Thank you, Madam President.

The President: Thank you, Senator Leslie Robinson.
Would any other Senator care to speak?
Senator De Couto, you have the floor.

OBA GOVERNMENT WORKED DILIGENTLY FOR
THE BETTERMENT OF BERMUDA

Thank you, Madam President.
I will necessarily structure my remarks into two
disjoint sections. So, I hope you will indulge me. Doom
and gloom, Madam President, doom and gloom. Some-times things are what they are. The people are going through what they are going through. The experience
that they are experiencing is what it is, and we must not
hide from i t or pretend it is not happening. In fact, this
Government has even said, and if you will allow me to
quote from some very recent Government remarks,

“We have heard from residents on the doorstep about their difficulties.” And I
won’t continue, but that quote will outline the various
difficulties which, as you know, Madam President, the
One Bermuda Alliance has been highlighting on a reg-ular basis. So let me put that out there, Madam President. I do not think that is doom and gloom. And I can see that the Government by their public statements is in agreement with us despite some comments we may
have heard quite recently.
I will also, if you will allow me to quote again,
Madam President, from the same statement. “Great
credit ratings do not help Bermudians as they are confronted with high prices . . . And a surplus on financial
reports is nowhere near as important as Bermudians


Bermuda Senate knowing that their government hears them.” Again, not
my words; this own Government’s words.
So, don’t get me wrong, Madam President. As
you know I work in insurance. And we are quite happy
that Bermuda gets good credit ratings. It is important
for that industry as well as for the borrowing power of
the country. But it does not translate to what people are
feeling as this current Government has also acknowl-edged.
Two more comments on this vein, Madam
President. I think you will have to agree (well, I will leave it to you whether you agree or not, but I would
hope you would) that when presented with opportunities to support the Government in taking care of the
peopl e in this country who need it most, I would put to
you, Madam President, that my colleagues and I have been very often (if not always) in support of initiatives presented by this Government. And the record will
show that . . . despite comments to the contr ary.
Number two, Madam President, did you know
(because this Government is touting the progressive
payroll tax system), Madam President, that it was Finance Minister Bob Richards, the One Bermuda Alliance Finance Minister, who in fact put in place that first
progressive payroll tax system in 2017? Which at that
time, under an OBA Government immediately gave a cut in payroll taxes to people earning under $96,000 a year. So in fact, that was an initiative originally created
by a One Bermuda Alliance Government, Madam President.
And at the same time, that same OBA Finance
Minister also put in place a progressive approach to
taxing companies’ payroll so that smaller companies would have less burden. And also, initiatives to stimulate new job creation for Bermudians. So again, Madam
President, I think our record shows how we in the OBA
feel about helping our fellow Bermudians, which is quite
strongly and positively.
I would also before we break for summer,
Madam President, like to say thank you to everyone in
this Chamber. It has been a privilege to serve here as
a Member of the OBA and as a Senator for the people
of Bermuda. And it has been a privilege to learn from the varying viewpoints in this Chamber. I think we all
benefit from that. Especially when we can do it in a respectful collegial manner, following the procedures,
and so forth, that have been set out for us.

CUP MATCH

Let me add my voice to
the chorus for, please, enjoy yourself. Have a pop, have a party, get a fish sandwich, whatever it is that is your
thing, enjoy, celebrate. But be mindful, be responsible.
Please be safe. None of us want to come back and read
about a tragedy. It is not worth it.
And I also especially was attentive to my colleague, Senator Tucker’s remarks about safety on the
water. Look where you are going. Be careful in your
speed. And do not drink and drive, ever.
Thank you, Madam President.
The President: Thank you, Senator De Couto.
Would any other Senator care to speak?
Senator Arianna Hodgson, you have the floor.

INVESTING IN OUR YOUTH—FOSTERING
LEARNING AND PROFESSIONAL GROWTH
ENVIRONMENTS YEAR -ROUND

Sen. Arianna Hodgson: Thank you, Madam President, and I will be brief this afternoon. Giving that we
will be going on our summer recess, I just had some
thoughts and thought that I would share here today.
And so, I wanted to pause (I guess) this afternoon to actually thank and to extend all of our thanks
to the many companies and organisations throughout our community who have actually generously engaged
our young people and students this year.
If any of you have been online to check
LinkedIn, Facebook, the Royal Gazette, I think you
would have seen a number of reasons to celebrate our
young people and their achievements. Not only during
the past school year but throughout this summer in their
various engagements. I think that many of us often
overlook the contributions of Bermuda’s employers,
some Government included, in terms of their contributions to our young talent. These opportunities have not
only provided invaluable work experience but ult imately
it is fostering the growth of our future leaders and so I
think it was worth pausing to acknowledge.
As one of (I guess) the youngest Members of
Parliament, Senator Robinson over there is just a bit
younger than [me] —

[Laughter]

Sen. Arianna Hodgson: —I want to say that we all
genuinely appreciate this dedication to nurturing Ber-muda’s talent. I guess as an HR professional I have had many opportunities to work with young people in both
public and I guess the private sectors. And I think that
it is imp ortant that our summer students continue to
have opportunities to gain, you know, practical skills to
mentorship and the confidence needed to excel in their
future careers. I have actually spoken with a number of students over these past few weeks and each of them
are actually really grateful for the experiences that they are having in their various spaces this summer.
I want to encourage these various entities,
companies and organisations to not limit these
604 24 July 2024 Official Hansard Report

Bermuda Senate opportunities to the summer months alone. And I want
to urge us to think about ways and the times that we can engage our students not only at the Bermuda Col-lege, but you know, there are many other young persons who are enrolled in online programmes. And I
think it would be helpful if we can extend a lot of these
programmes throughout the year to ensure a continuous pipeline of skilled, knowledgeable and experienced individuals who would be ready to contribute to Bermuda’s economy.
And so, as we head out for summer recess, I
just want to encourage each of us to think about how
we can personally invest in our youth and to think about
how each of us can contribute to fostering an environment where learning and professional growth are y earround endeavours.
And so with that, Madam President, I will hand
it back over to you.

The President: Thank you very much, Senator Arianna
Hodgson.
Would any other Senator care to speak?
Seeing . . . Minister Darrell. You have the floor.

CUP MATCH

Sen. the Hon. Owen Darrell: Madam President, I just
want to say thank you [for] the comments of all Senators—

The President: Mm-hmm.
Sen. the Hon. Owen Darrell: —this morning. I am definitely in a quite festive mood as we head into one of
the top holidays of the year. The only place in the world,
they tell me, that has a two- day public holiday with a
sporting event going on at the same time.
But Madam President, as the Minister responsible for Culture, I would also like to remind everyone
that it is a very important time of the year for Bermuda
when it comes to culture. On the first day of Cup Match
we know we do celebrate emancipation. And t he . . . it
was alluded to by Senator Robinson earlier, the Ministry . . . or the Department of Culture are starting this
Sunday in collaboration with the Court Street vendors are having a special vendor’s market where we will be
recognising emancipation.
Also, we will be unveiling a couple of films that
talk about the history of not only Court Street but other
entities in Bermuda that have been very important to the social well -being and social development of this
country. And the second day, as everyone w ould know,
was renamed a couple of years ago to recognise one of our National Heroes, Mary Prince. And then Mary
Prince Day will be observed on what we call the second
day of Cup Match. And while we will be remembering
those very, very important cultural a nd historical legacies, it is also a time for Bermudians to revel in the best
of what we have to offer. So as has been mentioned by everyone here
today, whether you decide to go to the beach on the
first day of Cup Match, whether you decide to go to the
field for first ball, whether you decide to go out on the
water and do boating activities, whether you dec ide to
stay home and enjoy the game in the comforts of your
own home, Madam President, I just would like to again
add my voice to one that wishes that everyone would do that responsibly, everyone would do that as my mom
used to tell me sometimes, Make sure that you make
sensible decisions. I would like to say that at the same
time, make sure that you are enjoying and taking it all
in.
And as the Minister responsible for Tourism, I
would also have to say that if you do run into a visitor
who is visiting, whether it is off the cruise ship or
whether they are at the beach or somewhere where you passed them by, you know, give them a little bit of history about what we are celebrating and why we are celebrating and then you can also tell them and remind them, give them a history lesson of how St. George’s
held the Cup for about 16 years in the 1980s and remind them that, you know, that troubl e does not last
long, Madam President.
[Laughter]
Sen. the Hon. Owen Darrell: And you know that
change is right around the corner and you can also give
them a geography lesson and say that, you know, St.
George’s is a long way from Somerset but those walks
get a lot quicker and a lot easier when you are doing it
with the trophy.
So, Madam President, with that said, I see a lot
of red on the other side, which I am used to, but I am
sure that today it is for Somerset. But I will say to the
players who are going out to try, as the Minister of
Sport, who are trying out to make the Cup Match team, I am sure that there will be some very happy individuals
on Saturday evening and maybe some who could be a
little bit disappointed. But that is all part of Cup Match.
People getting their camps ready. People trying to make the Cup Match team. We have Mini -Cup Match
which starts tomorrow down at Bailey’s Bay if anyone wants to go to that.
So, this is the time of year, Madam President,
people’s houses are full with overseas guests. The ho-tels are full with overseas guests. And what we have as the Arrow would say, It is Cup Match time in Bermuda.
The President: Mm-hmm.

Sen. the Hon. Owen Darrell: So to all my Senate colleagues on both sides of the aisle, as well as yourself,
Madam President, and the staff who assist us so ably
here in the Senate, I want to say Happy Cup Match to
all. Be safe. Have a good time.
Thank you, Madam President.



Bermuda Senate CUP MATCH

The President: Thank you, Minister Darrell.
I would also like to acknowledge and join all the
comments that have been stated about Cup Match, the history of Cup Match and the reason for the Cup Match
holiday. And especially for people to teach the children.
They need to remind the children about the holiday. It is not just the cricket. But as has been said by many of
you, Mary Prince Day.
And I would just like to also thank each one of
you for your support. Up to now . . . Yes, we are going
into a summer break. We are having a recess. But I
want to wish each and every one of you a safe and a
wonderful, enjoyable Cup Match holiday and particularly the staff. I want to thank each and every one of
you for your support of us throughout.

[Desk thumping]

The President: You make it possible for us to succeed
at what we do. And I do not want that lost.
So, I want each of you to enjoy, have fun, be
responsible. Not only yourselves but also the general public who listen to us most often. In fact, people stop
me on the street, and they say just how impressed they
are with our performance. We will keep it up! And we
will have fun during this recess in the summer. Both
Senators and staff will return invigorated and ready to
carry on with the work that we are scheduled to do.
So, with that, thanks again. Enjoy the Cup
Match and however you spend it. I look forward to seeing you on our return on the 25
th of September. I wish
everyone here as well as listening to us a safe and en-joyable summer holiday. Thank you all.
The Senate stands adjourned until the 25
th of
September.

[At 1:17 pm, the Senate stood adjourned until
10:00 am, Wednesday, 25 September 2024.]



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