The Premier announced that Standard & Poor's maintained Bermuda's strong A-plus credit rating, praising the government's economic policies and fiscal discipline. The Health Minister outlined new inspection standards for day care centres using a "STARS" rating system to ensure child safety. The Works Minister acknowledged serious lifeguard shortages at beaches, citing low pay as a key recruitment barrier, with starting lifeguards earning 18% less than the lowest-paid Parks Department workers. The Transport Minister unveiled plans for a digital payment app for public transport starting June 24th, allowing passengers to pay fares with smartphones.
Standard & Poor's reaffirmed Bermuda's A-plus credit rating with stable outlookChild care regulation programme and safety standards for day care facilitiesLifeguard shortages at public beaches and recruitment challengesNew digital fare payment system launching for buses and ferries in JuneClarification on paid leave rules for workers who receive tips and gratuities
Bills & Motions
Court Fees and Expenses Amendment and Validation Rules 2024 - submitted by Attorney General for House consideration
No bills were debated or voted on during this sitting - this was primarily a statements and questions session
Notable Moments
Opposition MP Scott Pearman formally apologized to the Speaker for inappropriate remarks made during the previous House sitting
The Works Minister paused to honor Mr. Hyon Duk Shin, who died in April while helping rescue a drowning girl at Horseshoe Bay Beach
Only one formal objection was received during public consultation on the new City of Hamilton development plan, indicating broad public support
Debate Transcript
466 speeches from 23 speakers
The SpeakerThe SpeakerGood morning, Members The Clerk will now lead us in prayer. PRAYERS [ Prayers read by Mr. Clark Somner , Clerk ]
The SpeakerThe SpeakerMembers , the House is now in session. [ Gavel] CONFIRMATION OF MINUTES [Minutes of 3 May 2024]
The SpeakerThe SpeakerMembers, the Minutes from the 3rd of May have been circulated. Are there any amendments required? No amendments. The Minutes are confirmed as printed. [ Minutes of 3 May 2024 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerWe have been informed by Minister Tinee Furbert that she will be absent today. And also MP Dennis Lister [III] will be absent today as well. HOUSE VISITORS
The SpeakerThe SpeakerWhilst making announcements, I would like to acknowledge in the Gallery this morning that we have a visit from the Delta Sigma Theta Sorority, who are here as part of their (I believe) 111 th anniversary celebration. And we would just like to welcome you to our Chambers this morning …
Whilst making announcements, I would like to acknowledge in the Gallery this morning that we have a visit from the Delta Sigma Theta Sorority, who are here as part of their (I believe) 111 th anniversary celebration. And we would just like to welcome you to our Chambers this morning and also acknowledge the long history that you have and wish you success that you continue to have your impact on the community. I be-lieve this is part of your Social Action Committee. And some of the endeavours that you do to reach out in the community have an impact here in Bermuda. So we encourage you in what you do, and we welcome you to our C hambers this morning. [ Desk thumping] MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerMadam Attorney General . Hon. Kathy Lynn Simmons: Good morning, Mr. Speaker, and thank you.
The SpeakerThe SpeakerGood morning. COURT FEES AND EXPENSES AMENDMENT AND VALIDATION RULES 2024 Hon. Kathy Lynn Simmons: Mr. Speaker, with the Governor ’s recommendation and in accordance with section 36(3) of the Bermuda Constitution, I have the honour to attach and submit for the consideration of the Honourable House of Assembly Court …
Good morning. COURT FEES AND EXPENSES AMENDMENT AND VALIDATION RULES 2024 Hon. Kathy Lynn Simmons: Mr. Speaker, with the Governor ’s recommendation and in accordance with section 36(3) of the Bermuda Constitution, I have the honour to attach and submit for the consideration of the Honourable House of Assembly Court Fees and Expenses Amendment and Validation Rules 2024, proposed to be made in exercise of the power conferred by section 2 of the Court Fees and Expenses Act 1971.
The SpeakerThe SpeakerThere are none. We have five Statements this morning, Members. The first is in the name of the Premier and Minis-ter of Finance. (I thought you were leaving us that time. There you go.) Present your Statement. Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. 1214 17 May 2024 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Mr. Speaker, I rise this morning to—
The SpeakerThe SpeakerMr. Premier. I overlooked something. Hon. E. David Burt: It’s all right.
The SpeakerThe SpeakerPlease, please. I have to seek your indulgence; I am sorry. I was supposed to do something under the Announcements. ANNOUNCEMENT BY THE SPEAKER
The SpeakerThe SpeakerGood morning. APOLOGY FOR INAPPROPRIATE REMARK
Mr. Scott PearmanMr. Speaker, I wish to offer you, as Speaker of this Honourable House, an apology for my remark made on the last sitting of the House. This happened in a context which lowered the decorum of the House, and I apologise for it.
The SpeakerThe SpeakerWe appreciate your apology. And we look forward to the point that we will not have to repeat that again. Thank you. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerNow we can continue. Hon. E. David Burt: Thank you very much. STANDARD & POOR’ S GLOBAL RATINGS AFFIRMATION OF A- PLUS SOVEREIGN CREDIT RATING Hon. E. David Burt: Mr. Speaker, I rise this morning to inform this Honourable House of the positive results of S&P’s [Standard & Poor Global …
Now we can continue. Hon. E. David Burt: Thank you very much.
STANDARD & POOR’ S GLOBAL RATINGS AFFIRMATION OF A- PLUS SOVEREIGN CREDIT RATING Hon. E. David Burt: Mr. Speaker, I rise this morning to inform this Honourable House of the positive results of S&P’s [Standard & Poor Global Ratings ] recent sovereign ratings review. Mr. Speaker , during the week of April 15, 2024, S&P Global Ratings conducted its annual ratings review of Bermuda. The purpose of this review was to assess the country ’s creditworthiness and to determine the level of risk associated with lending to Bermuda. Mr. Speaker , when evaluating a country ’s creditworthiness, a credit rating agency assesses the country ’s ability and willingness to service its financial obligations to commercial creditors on time and in full. Both quantitative and qualitative considerations form the basis for these forward- looking assessments. Mr. Speaker, to make its determination for Bermuda, S&P met with the Ministry of Finance and the Department of Statistics, as well as a number of other persons and entities in the public and private sectors. Those interviewed outside of government agencies in-clude the Governor, the Bermuda Monetary Authority, the Association of Bermuda Insurers and Reinsurers, the Bermuda Tourism Authority and the Bermuda Busi-ness Development Agency —and also, Mr. Speaker, I also believe the Opposition. Mr. Speaker, I am pleased to announce that after evaluating the information received through their discussions and research, S&P has reaffirmed Bermuda ’s A-plus long- term sovereign credit and senior unsecured debt ratings, A- 1 short -term rating, and AA - plus transfer and convertibility assessment, with the outlook assessed as s table . Mr. Speaker, in explaining the rationale for the rating affirmation, S&P stated, “The stable outlook re-flects our expectation that the local economy will re-main healthy and support solid government finances and low debt, as well as Bermuda ’s external asset position. We believe continued growth will support a balanced budget in line with the g overnment ’s expectations this year. We assume a commitment to fiscal consolidation will lead to balanced budgets and a slight de-crease in net general government debt over the next three years.” Mr. Speaker , in the report published on May 7, S&P indicated that Bermuda’ s economy is on track to grow by about 3.0 per cent in 2024, following an estimated increase of 4 .0 per cent in 2023 and 6.4 per cent in 2022. Solid growth reflects continued growth in the international business sector where Bermuda is a global leader in the insurance and reinsurance sector. In addition, tourism continues to rebound from the pandemic. Mr. Speaker, the combined O pposition would like the people of this country to believe that this historic economic growth is solely a result of the international business sector and has nothing to do with the Government ’s economic policies. However, in their report S&P contradicted this narrative by praising Bermuda for its “strong institutional framework and prudent policymaking”—a clear nod to our G overnment ’s foresight and disciplined approach. Mr. Speaker , these comments help to validate the G overnment ’s economic policies and our commitment to moving this country toward sta-ble long- term economic growth combined with fiscal discipline. Mr. Speaker, S&P is a highly regarded, internationally recognised rating agency. Many, including the Opposition, refer to it as the gold standard of rating agencies , and so the public should accept this report as an independent and objective assessment of our fiscal and economic policies. As a Government we are encouraged that S&P has acknowledged the economic progress we have made thus far.
Bermuda House of Assembly Mr. Speaker, we recently made a $50 million repayment toward our national debt and are on the path toward the first balanced budget in over 20 years . And last week the Minister of Economy and Labour announced the lowest unemployment rate since 1980. Again, Mr. Speaker, the lowest unemployment rates in the country since 1980! Mr. Speaker, we have successfully rolled out 67 affordable housing units, recently celebrated a record-breaking opening of our cruise season and are making tangible steps toward implementing the most fundamental tax reform in Bermuda ’s modern history. Mr. Speaker, while the report was largely positive and endorsed the hard work that the Government has done to date, it is also important to note that we must con-tinue to be vigilant and maintain our prudent approach to managing the country ’s finances and work toward a budget surplus. Mr. Speaker, before I close I would like to thank all of the stakeholders who met with S&P and helped to ensure their continued confidence in Bermuda. Mr. Speaker , I would like to emphasise that this Government is fully committed to implementing reforms that will ensure the long- term sustainability of Bermuda ’s public finances and broad economic growth while reducing taxes to ease Bermuda’ s cost of living. The successful implementation of the E conomic Recovery Plan, the global minimum tax and increased inv estment within Bermuda will ensure that Bermuda prospers and that credit rating agencies continue to endorse its creditworthiness. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Members, the next Statement this morning is in the name of the Minister of Health. Minister. CHILD CARE REGULATION PROGRAMME — ENSURING SAFETY AND DEVELOPMENT Hon. Kim N. Wilson: Good morning, Mr. Speaker. Mr. Speaker, I rise today to provide this House and the public with …
Thank you, Mr. Premier. Members, the next Statement this morning is in the name of the Minister of Health. Minister.
CHILD CARE REGULATION PROGRAMME — ENSURING SAFETY AND DEVELOPMENT Hon. Kim N. Wilson: Good morning, Mr. Speaker. Mr. Speaker, I rise today to provide this House and the public with an update on the Health Department ’s Child Care Regulation Programme . The first five years of life is the most critical period in children’ s brain development. As approximately 90 per cent of Bermuda ’s children are receiv ing day care within this period, the aim of the Child Care Regu-lation Programme is to ensure all children have access to happy, healthy, safe and developmentally appropri-ate care. Mr. Speaker, “child care” refers to the care and supervision of children by someone other than their parents either in the day care provider ’s home or in a group setting. Child care is regulated and provided in two types of settings locally: as licens ed day care centres (and I will refer to those as DCCs ) which is the group setting, and as in- home care by registered day care providers ( or DCP s). Child care in Bermuda, also known as day care, is primarily regulated, Mr. Speaker, by the Children Act 1998: This Act establishes the over-all framework for child protection and well- being in Bermuda, including the day care settings. The Day Care Centre Regulations 1999 outline the specific requirements for day care centres to obtain and maintain a licence. They cover areas such as staff qualifications, child- to-staff ratios, health and safety standards, and curriculum. The Child Care Standards 2018 provide more detailed guidance on best practices for day care providers in areas such as the following: • health, safety and supervision; • staff qualifications and training; as well as • curriculum and developmentally appropriate activities . So, Mr. Speaker , the Child Care Regulation Programme [CCRP ] within the Department of Health is responsible for licensing and registering day care cen-tres and providers and enforcing these regulations and standards. Working parents need child care to look af-ter their children while they provide for their families during the workweek. Child care provides sociali sation and educational benefits for children, and quality child care can be a valuable and enriching experience at a critical stage of physical, emotional and cognitive development. Child care regulation is essential to ensure the health, safety and well -being of children in care settings. It establishes and oversees compliance with min-imum standards for child care such as the following: • Staff qualifications and training: Child care providers should have the knowledge and skills to care for children effectively . • Child -to-staff ratios: There must be enough qualified staff in a child care setting at all times to supervise the children properly . • Health and safety standards: Child care set-tings should be safe and healthy for children . • Curriculum and activities: Child care programmes should provide developmentally appropriate and stimulating activities for children. Mr. Speaker , effective child care regulations promote quality care that can benefit children ’s learning and development , and the CCR team works with individuals and centres to raise their capacity to provide high-quality care. To this end, CCRP utili ses the Standards for Rating of Service Providers ( or STARS) system to evaluate care settings. This comprehensive inspection tool was designed using the Children Act 1998, the Day Care Centre Regulations 1999 and the Child Care Standards 2018, which are aligned with international best practice standards. Mr. Speaker, in the coming weeks the Department of Health will launch a public relations campaign before the summer of 2024. The desired result is that parents and providers clearly understand and share the STARS values, namely: • S—S triving for excellence; 1216 17 May 2024 Official Hansard Report
Bermuda House of Assembly • T—Targeting a play -based approach; • A—Accountability to children, parents and each other ; • R—Responsiveness to the individual needs of the child ; and • S—Safe and healthy environments . The STARS inspection allows centres and providers to be recogni sed for meeting the essential child care requirements as well as those choosing to meet higher standards. It is also another tool to empower families when selecting the right child care placement for their child. Licensed day care centres and day care providers must comply with the provisions of the Act and regulations. The DCCs and the DCPs are required to receive at least a three STARS rating, which indicates that the centre or the provider has met the minimum requirements that are in the law. Those with four and five STARS ratings have exceeded the requirements by successfully implementing additional best practice standards. Following an inspection, centr es or providers may need to enhance the quality of care and conditions to meet the minimum regulatory standards (which again is three STARS). The CCR team offers continuous guidance and support to help meet these requirements. Mr. Speaker , the following are some of the key areas that not only assure compliance with minimum standards but also contribute to high- quality care settings. Child care facilities must be well -maintained, free from hazards and age- appropriate for the children whom they serve. Th ese include proper playground equipment, electrical safety, and clean and sanitary conditions. Toys and equipment should be age- appropriate, in good condition and saniti sed regularly. Constant and active supervision is essential, especially dur-ing transitions and outdoor play. Defined areas of responsibility should be in place for staff. Children should never be left alone with choking hazards or in situations where they could injure themselves. Mr. Speaker , sick children should be excluded from care to prevent the spread of illness. Clear policies on illness exclusion and return to care should be shared with parents. Handwashing routines and hygiene practices should be emphasi sed with both staff and children. Regular cleaning and disinfection of surfaces and toys are essential. Mr. Speaker , ongoing skills training is crucial. Staff should be competent with the following: • paediatric first aid and CPR ; • safe sleep practices ; • child abuse recognition and prevention; and • child development stages and appropriate activities . Investment in ongoing professional development opportunities keeps staff up to date on best practices and promotes continuous improvement in child care quality. Staff -to-child ratios are mandated and based on the children’ s age and developmental needs. Younger children require more supervision, so lower ratios are essential for infants and toddlers. Activities and curricula at day care should be designed to meet the specific developmental needs of children of different age groups. This includes promoting their emotional, social, physical, intellectual and creative development. Play -based learning is essential for young children’ s learning and development. Curricula and activities should be designed to encourage exploration, discovery, creativity and imagination through play. A balance of individual and group activities, indoor and out-door play, and structured and unstructured learning opportunities should be provided. Activities should be hands -on and engaging, allowing children to learn through active partic ipation and exploration while fostering independence and creativity. Mr. Speaker , effective child care regulation helps to protect children from abuse, neglect and accidents. Our team works closely with the Department of Child and Family Services and the Vulnerable Persons Unit of the Bermuda Police Service for child safeguarding. These agencies and the c ourts also assist with day care staff vetting for this sector. By empowering staff through knowledge and professional development, and in collaboration with Bermuda College, the Child Care Regulation Programme facilitates growth of a qualified and skilled child care workforce that fosters a safe and nurturing environment for children to thrive in. Mr. Speaker, t he CCR team at the Department of Health collaborates closely with the child care sector, implementing initiatives to ensure regulatory compliance and quality improvement. Here are some key points , Mr. Speaker : Since 2022 the CCR section has conducted quarterly meetings with the sector, and in 2023 distributed a feedback survey to stakeholders. This collaborative effort led to adjustments in the implementation of the STARS program me. The CCR team has improved communications to ensure better understanding of the inspection- scoring criteria, outcomes and remedial actions. Following consultations, the Department of Health adjusted the duration of annual inspections and introduced a onemonth notice period to enhance efficiency and stakeholder readiness. To ensure fairness and accuracy, annual inspections now allow for re- evaluation before the publication of STARS ratings. Recogni sing the financial challenges faced by child care providers, the CCR has facilitated import duty relief for materials and supplies utilised in child care settings, easing the operational burdens. Mr. Speaker , the healthy physical, cognitive and social development of children during their early years from birth to age five holds immense significance. The Ministry is committed to working with the child care sector and parents to ensure that we have safe and high-quality child care in place to protect our children and support working families in Bermuda. And I would like to take this opportunity, Mr. Speaker, to thank the hard- working team at the Health
Bermuda House of Assembly Department ’s Child Care Regulation Programme. If the public, and especially parents or parents -to-be, wish to learn more, I would encourage them to visit www.gov.bm/child- care- regulation- programme . Thank you, Mr Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is from the Minister of Works. Minister Burch. LIFEGUARD PROTECTION ON PUBLIC BEACHES
Lt. Col. Hon. David A. BurchGood morning, Mr. Speaker, and thank you. Mr. Speaker, Bermuda Day is next week Friday.
Lt. Col. Hon. David A. BurchAnd as all in this Honourable House know , the festivities are the unofficial start of the summer season. Vacations, family reunions, picnics and beach days all begin after next week Friday for locals. But, Mr. Speaker, the vacation season starts sooner for some—m ainly, tourists who arrive to our …
And as all in this Honourable House know , the festivities are the unofficial start of the summer season. Vacations, family reunions, picnics and beach days all begin after next week Friday for locals. But, Mr. Speaker, the vacation season starts sooner for some—m ainly, tourists who arrive to our shores in March and April. They travel by both air and sea. Recently, attention has been given to the lifeguard coverage at our beaches because of the tragic event in April of this year where a man lost his life in an effort to save a drowning girl on Horseshoe Bay. Mr. Speaker , might I take a moment to pause in honour of Mr. Hyon Duk Shin who paid the ultimate sacrifice while helping to successfully rescue a young person? His actions should be considered heroic. While there are no words to ease his family ’s immeasurable loss, his actions demonstrate the willingness of one human being helping another in a time of crisis. Mr. Speaker , the Lifeguard Service , under the remit of the Department of Parks , continues to face significant challenges in maintaining adequate [ beach] coverage due to staffing shortages. Mr. Speaker , I invite honourable colleagues to recall during this year ’s Budget Debate where I asserted that and I quote , “Mr. Chairman, as the Government is expecting continued high visitation, especially in cruise line calls and the expansion of the season into November, the department anticipates an increased influx of visitors to the beaches, and commensurately an increased need for Lifeguard Services. The budget allocation of $702,000 for 2024/25 takes this into consideration and is in line with the 2023/24 budget, primarily to meet the staffing demands of the season .” In actuality, Mr. Speaker , for the 2023/24 fiscal year this Government increased the budget allocation for lifeguards by $246,000 from the year prior to meet the peak season demands. Then this fiscal year, the Government matched the same amount. Mr. Speaker , while it is acknowledged that the Lifeguard Service is experiencing shortages, the issues are fundamentally deeper than just financial figures — they are about attracting personnel. Mr. Speaker, in 2009 and 2010 the Lifeguard Service had 37 and 36 trained lifeguards , respectively , some Bermudian, some non- Bermudian, which is normal for this specialised service. A s I am sure all can agree, we need to ensure that lifeguards are trained and experienced enough to undertake the vital task of saving the lives of beach patrons. Fast-forward to the year 2022, the Department of Parks received only 28 applications, 10 of which were withdrawn, subsequently leaving a total of 18 trained lifeguards. In 2023 again the d epartment received only 28 applications of which 21 were approved as trained lifeguards. This year again only 28 applications have been received so far, with a total of eight persons being approved and currently serving as lifeguards ( three full-time, five reserve). Some may ponder as to why there is stagnation in application number s. Well, there are a plethora of reasons similar to any other public officer post, including the length of time of the hiring process , the length of time for work permit approvals and of course compensation levels. Mr. Speaker, despite having to pass an initial nine-day intense training course, pass monthly physical assessments and pass annual 24- hour training courses, our starting l ifeguards currently take home 18 per cent (or $197.26) less weekly than the lowest - paid worker within the Department of Parks. Mr. Speaker , senior lifeguards , those who are accountable for facilitating junior staff with developing newly ac-quired skills in lifesaving and maintaining a safe environment for both beach patrons and staff —this position takes home 15 per cent (or $193.20) less weekly than the lowest -paid foreman at the Department of Parks . These first -line managers still take home less weekly than the lowest paid worker with the Department of Parks. Mr. Speaker, yes , in fact the Government increased the budget to hire more staff and to take into consideration for the expanded cruise ship season; it is not enough to attract interested persons to either leave their current lifeguarding employment or begin the process of becoming a new lifeguard. Just for edification purposes, we are not the only jurisdiction experiencing these issues with attracting lifeguards. In the United States alone, places like New York, New Jersey, Connecticut and Los Angeles all share this similar situation. Mr. Speaker , as I have said previously, the d epartment has eight persons currently serving as lifeguards ( three full-time and five part-time) and hopes to have an additional five new full -time seasonal lifeguards on the beaches by the 15 th of June, assuming that all of the remaining 17 applicants pass their re-spective assessments. However, Mr. Speaker , what is the Government doing now to alleviate the current 1218 17 May 2024 Official Hansard Report
Bermuda House of Assembly situation? Currently the Department of Parks is advertising again in hopes of bringing to attention open positions for those potential lifeguards who may have missed the opportunity initially. Also [the department ] continues to research for more aggressive advertising methods to attract local talent. In the interim, the d epartment has begun the process to increase the num-ber of water safety signage at our National Parks in-cluding drafting designs for updated water signage that is intended to be more eye- catching. At the Ministry level, efforts are being undertaken to raise the wages for lifeguards. While this may be unpopular , to increase the cost to the Government, this needs to be done to ensure we are attracting talent, Mr. Speaker . Other measures include the following: • Explor e increasing the starting pay . At the very least, consider matching the lowest -paid worker (heavy labourer) for our starting l ifeguard wages and c onsider starting senior lifeguard pay at the lowest foreman rate equivalent. • Reinstitute training bonuses/incentives . Currently, new recruits do not get paid for their nine-day (72- hours) training session. • Reinstitute with more parameters ( i.e., training bonus for those who complete a minimum of three months of service) . This could mean lifeguards having to return for a second year in order to qualify and obtain the monetary incentive. • Consider fast -tracking of work permits : The Parks Department’s Lifeguard Service annually applies for short -term work permits. Decreasing time barriers and/or Department of Immigration requirements for receiving ap-proved short -term work permits may lead to faster recruitment and ultimately getting l ifeguards on the beaches faster . Mr. Speaker, the Ministry and the Department of Parks are committed to strengthening and expanding the Life Guard Service to better mirror the cruise ship season. This will ensure that sufficient lifeguard coverage is provided for the most used beaches this summer and beyond and that the health and safety of patrons is a priority. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Transport. Minister Furbert. UPDATE ON DIGITAL FARE MEDIA Hon. Wayne L. Furbert: Good morning, Mr. Speaker, and good morning to the public. Mr. Speaker, can you imagine boarding a bus or a ferry …
Thank you, Minister. Members, the next Statement this morning is in the name of the Minister of Transport. Minister Furbert.
UPDATE ON DIGITAL FARE MEDIA
Hon. Wayne L. Furbert: Good morning, Mr. Speaker, and good morning to the public. Mr. Speaker, can you imagine boarding a bus or a ferry in Bermuda effortlessly using your smartphone or an EZ device to pay your fare? Mr. Speaker , can you imagine a seamless journey where the hassle of carrying cash or scrambling for tickets or tokens become relics of the past ? Well, Mr. Speaker , the imagination will soon become a reality. Mr. Speaker, today I stand before you with great anticipation and pride as we unveil a groundbreaking evolution in our public transportation system—the forthcoming launch of the new digital fare me-dia for buses and ferries. This transformative initiative signifies not just a technological leap, but a paradigm shift toward a more connected, efficient and user -centric transportation experience for all. Mr. Speaker, on the 24 th of June we are introducing phase one of the new digital fare media for public buses and ferries, marking a pivotal moment in our journey toward moderni sation and efficiency. This [ digital transformation] initiative is designed to cater to the needs of both our local population and visitors, ensuring a seamless travel experience that aligns with the demands of our dynamic society. Allow me to explain the myriad benefits that this innovative system brings forth. Mr. Speaker, gone are the days of fumbling for loose change or standing in long queues to purchase tickets. With the digital fare media, commuters can ef-fortlessly manage their fares through a simple user - friendly app that is accessible via smartphones or the use of a digital [mapping] . This convenience extends to visitors who will be able to navigate our transportation network with ease, leaving them with more time to ex-plore and enjoy our I sland’s offerings. Mr. Speaker, in our fast -paced world, efficiency is paramount. The digital fare media not only expedites the boarding process but also minimi ses the risk of errors associated with traditional ticketing systems. This heightened efficiency translates into more punctual services and greater reliability, a significant advantage for commuters and tourists alike. Embracing digitali sation is not merely a choice; it is a testament to our commit-ment to progress and innovation. By adopting cuttingedge technologies in our transportation infrastructure, we are signal ling to the world our readiness to embrace the challenges and opportunities of the digital age. Mr. Speaker, additionally , as stewards of our environment we also recogni se the imperative to reduce our carbon footprint. By transitioning to a digital fare system, we are taking steps toward a greener future with reduced paper usage and emissions associated with printing traditional transportation tickets. Mr. Speaker, phase one will be unveiled on June 24, 2024. The launch will introduce t he ability for passengers to conveniently buy tickets using their mobile phones through an app. Once purchased, they can effortlessly board buses or ferries by simply displaying their digital ticket to the operators. Operators will be able to determine the type of fare purchased by the sig-nal on the passenger’s screen, whether it is the type of zone purchased or an adult or child fare. As the transition to digital fare media is a phased approach, the
Bermuda House of Assembly option of purchasing and using the traditional fare will remain in place throughout the phases. Mr. Speaker, subsequent to p hase one in which passengers would have been provided the ability to buy tickets using their mobile phones through an app, in phases two and three the following will be introduced: • a real -time application; • the ability to use credit and debit cards; • the ability to use contactless transportation passes which will replace [all passes, including] the seniors, children and special -needs passes; • the ability to purchase digital tickets with machine- readable QR codes; and • the introduction of the validator system on the buses and ferries. Mr. Speaker, the real -time application allows passengers to see the location of buses and ferries on their mobile devices in real time! When Johnny or Mrs . Smith is waiting at the bus stop, they can look at the map of Bermuda on the app on their cell phone and can have a visual of the location of the bus or ferry and track its movements as it travels to its destination. The validators are small devices that will be installed in every bus and ferry in the public fleet. Upon boarding a bus or ferry, a passenger will need only to tap their phone, debit or credit card, contactless transportation pass or digital ticket on the validator to prove fare payment. The ability to use credit and debit cards will allow passen-gers to board a bus or ferry, enter their zone require-ment whether it is a zone 3 or 14 , and also the option to select whether the passenger is a child or an adult. Additionally, the passenger can select for several persons if they are travelling and paying for persons such as family and friends. Seniors, children, and individuals with special needs will be empowered to [obtain] passes through their mobile phones. However, those without access to a phone can opt for a physical pass. These passes will be contactless, enabling seamless boarding on buses and ferries. Phases two and three are scheduled for launch in September 2024. Mr. Speaker, commencing on June 1, we are set to launch a comprehensive and enlightening public campaign designed to inform and educate the commu-nity about the what and how. This public awareness campaign will offer detailed insights into upcoming developments, particularly regarding the transition to digital fare media, specifically further explaining what digital fare media entails and explaining how to use it. Our goal is to equip the public with a thorough understand-ing of what lies ahead, ensuring they are well prepared for the changes on the horizon. Mr. Speaker, to conclude, we are about to experience a revolutionary change in our public transportation system with digital fare media. This will not only be a way of paying for your rides, but a new way of experiencing them. With the digital fare media you will enjoy convenience, security and efficiency like you have never seen before. You will be able to use your smartphone, smartwatch or any other compatible de-vice to access any public mode of transport without having to worry about cash, tickets or car ds. You will be able to track your travel history, manage your bal-ance and plan your trips with ease. Digital fare, Mr. Speaker, is more than a technology; it is a lifestyle. It is a way of embracing the fu-ture and making the most of every journey. Join us in this exciting adventure and let us make Bermuda greener and happier with digital fare media! Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Economy and Labour. Minister Hayward. CLARIFI CATION OF PAID LEAVE ENTITLEMENT PERTAINING TO PERSONS WHO RECEIVE OTHER GRATUITIES Hon. Jason Hayward: Good morning, Mr. Speaker. I rise today to provide to the Members …
Thank you, Minister. Members, the next Statement this morning is in the name of the Minister of Economy and Labour. Minister Hayward.
CLARIFI CATION OF PAID LEAVE ENTITLEMENT PERTAINING TO PERSONS WHO RECEIVE OTHER GRATUITIES Hon. Jason Hayward: Good morning, Mr. Speaker. I rise today to provide to the Members of this Honourable House clarification that paid leave entitlement for persons who receive gratuities and service charges as a part of the minimum hourly wage rate is to be set at $16.40. Mr. Speaker , in addition the Ministry wishes to advise this Honourable House that the Ministry intends to amend the Employment Act 2000 [ the Act ] to clarify in law that other gratuities which do not constitute part of the minimum hourly wage will be excluded from the calculation of leave entitlement, which is the current in-tention of the law. Mr. Speaker , prior to the 1 st of March 2024, there was no definition for “ gratuity ” or “service charge” under the Act . Both [terms] were considered as falling within the term “ tip” as defined in the Act , and as such did not constitute wages. For the purposes of calculating the paid leave for employees who received gratuities and service charges pursuant to the Employment (Minimum Hourly Wage) Order 2023, prior to the 1 st of March 2024 the interpretation of “a week’s wages” pur-suant to the Act did not apply and these employees should have been remunerated at a minimum rate of $16.40 for all statutory leave entitlements. Mr. Speaker, pursuant to the Employment (Protection of Employee Tips and Other Gratuities) Amendment Act 2023, which took effect 1 March 2024, the term “ other gratuities ” was introduced and effectively differentiated tips from other gratuities. As a result, the calculation of a week’s wage for employees who receive gratuities and service charges has funda-mentally changed —i.e. , the leave entitlement for employees who receive other gratuities and whose wages vary from week to week should be calculated by tak ing the average wage earned over the previous 12 weeks worked. 1220 17 May 2024 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, recogni sing the challenges that industries , which accept other gratuities on behalf of their employees , would and are currently facing, the Minister convened a special meeting of the Labour Advisory Council [LAC ] to discuss these concerns and reach a consensus on the most reasonable and just way forward. Mr. Speaker, as this most Hono urable House may already be aware, the LAC comprises representatives of the government, employer groups and worker groups as equal and independent partners to-gether seeking solutions to the issues facing Bermuda’s labour force through social dialog ue. Mr. Speaker , the LAC had a robust discussion on the paid leave entitlement for persons who receive other gratuities as a part of their minimum hourly wage entitlement. The consensus reached by the LAC is as follows: • The paid leave entitlement for persons who receive other gratuities as part of their wages should be set at the minimum hourly wage rate, which is currently $16.40. Mr. Speaker, the Ministry thanks the members of the LAC for their continued work and engagement on behalf of their respective memberships , and we would like to take this opportunity to thank the Members of this Honourable House for the opportunity to address them in this regard. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister for the Cabinet. Minister Campbell. DRAFT CITY OF HAMILTON PLAN 2024 Hon. Vance Campbell: Thank you. Good morning, Mr. Speaker, and good morning to the listening public. Mr. Speaker, I would like to take …
Thank you, Minister. Members, the next Statement this morning is in the name of the Minister for the Cabinet. Minister Campbell.
DRAFT CITY OF HAMILTON PLAN 2024 Hon. Vance Campbell: Thank you. Good morning, Mr. Speaker, and good morning to the listening public. Mr. Speaker, I would like to take the opportunity to update the H ouse on progress with the preparation of the new City of Hamilton Plan. The House will recall that the Draft City of Hamilton Plan 2024 was released for public consultation on the 23rd of February 2024, with the consultation period ending on the 26th of April. Mr. Speaker, this marks the end of significant consultation efforts undertaken by the Department of Planning in support of a land- use plan which will be used to guide and shape development activity within the city in the forthcoming years. Mr. Speaker, the release of the draft plan for consultation provided the public and other stakeholders with an opportunity to submit their comments to the d epartment with a view to shaping the p lan. On that note, Mr. Speaker, I would like to offer my sincere gratitude to everyone who has contributed to the plan- making process thus far. I strongly believe that it is of critical importance for people to participate in the preparation of land- use plans , as these documents are used to shape the spaces and places that we interact with every day in life. Furthermore, robust and meaningful consultation is how we test concepts, reach consensus and achieve buy -in. And ultimately for plans to be successful, people need to know that they have been part of the process and their opinions have been valued. Mr. Speaker, as part of the consultation process in support of the draft plan, the department under-took a series of activities to publicis e the p lan and provide the public with an opportunity to discuss its con-tent. This included virtual public town hall meetings, pop-up sessions in the city, a radio interview, as well as extensive social media outreach. Mr. Speaker, I am pleased to say that I directly participated in some of these events and was inspired to witness the passion of the department’s staff for this project and the genuine belief that a progressive land- use plan such as the emerging city plan could be the bedrock for a new era of economic investment in our Island’s capital. Mr. Speaker , in this vein I am encouraged to be informed by the department that there has been a notable level of interest from developers, agents and ar-chitects in the approach to decision- making outlined within the plan and the elevated status it affords to design quality. Mr. Speaker, I can confirm that only one objection to the draft plan was received as part of the consultation exercise, which is a testament to the work of the department and the fact that officers made themselves directly accessible to members of the public throughout the consultation phase. Allowing for open dialogue provided opportunities for people to have their questions answered, minimising the need to make formal submissions to the department. However, Mr. Speaker , this is only part of the reason why I believe there has been a minimal number of objections. Mr. Speaker , the House will recall that, having reflected upon previous plan- making endeavours, the Department of Planning decided to add an entirely new stage to the plan- making process in preparation of this new city plan. This resulted in the publication of the Ci ty of Hamilton Plan Consultative Draft 2023 in January 2023. Mr. Speaker, there were multiple reasons behind the introduction of this new and earlier stage to the plan-making process, which I believe are worth repeating, as the d epartment’s intentions have now proven to be fruitful. Mr. Speaker , the department is acutely aware of previous criticisms which it had received in preparing land-use plans, particularly around the release of an operative draft plan and the perceived lack of meaning-ful public engagement. The entire ethos behind the new consultative draft plan stage of the process was to create an earlier stage to maximise opportunities for public input. The department intentionally front -loaded consultation efforts at this stage in recognition that this was the optimal stage for influencing the content of the plan. Mr. Speaker, the consultative draft plan received a total of 19 formal written submissions , and the department directly responded to all [of] those
Bermuda House of Assembly participants to make them aware of how their comments were processed. The fact that only a single ob-jection was received to the formal draft plan is a clear indication that people were satisfied [with] the department’s responses and that the consultative draft stage was a worthwhile exercise. Mr. Speaker , it is also worth noting that the consultation draft plan stage provided an opportunity to address concerns outside of the leg-islated confines of the draft plan stage. This allowed for a more fluid exchange of opinions and generated an inherent motivation to reach consensus before even reaching a legislated stage of the process. Mr. Speaker, I would like to acknowledge the contributions of the Corporation of Hamilton in getting the plan to this stage of the process. I am aware that there has been ongoing dialogue between the department and the corporation’s technical staff. These conversations have ensured that there is an intrinsic understanding of how some aspects of the plan can impact upon the c orporation’s areas of responsibility and that there are appropriate policy measures in place to provide for informed solutions. Mr. Speaker, the d epartment is now in the process of undertaking the final legislative steps required to move the plan toward adoption, and it is anticipated that, due to having only received a single objection, the department will comfortably be able to achieve the targeted adoption date of December 2024. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, that brings us to a close of Statements this morning. We will now move on. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerMembers, you will see on the Order Paper today that we have written questions that were sub-mitted and required written responses. And I believe the responses have been forwarded. Yes? Hon. Jarion Richardson: They have not been received yet, Mr. Speaker. But I am sure they will.
The SpeakerThe Speaker[Is he] emailing them to you now? Hon. Jarion Richardson: Yes, sir. QUESTIONS ANSWERED IN WRITING Economic Development Advisory Board Hon. Jarion C. Richardson: Will the Honourable Minister please provide to this Honourable House, the names of the persons sitting on the Economic Development Advisory Board outlined in the Economic …
[Is he] emailing them to you now? Hon. Jarion Richardson: Yes, sir.
QUESTIONS ANSWERED IN WRITING
Economic Development Advisory Board
Hon. Jarion C. Richardson: Will the Honourable Minister please provide to this Honourable House, the names of the persons sitting on the Economic Development Advisory Board outlined in the Economic Development Strategy?
Strategic Priorities (5) outlined in the Economic Development Strategy
Hon. Jarion Richardson: Will the Honourable Minister please inform this Honourable House the Programme Names, Business Units and Heads from the Estimates of Revenue and Expenditure for the Year 2024/25 as-sociated with each of the five (5) Strategic Priorities out-lined in the Economic Development Strategy?
Economic Development Strategy key performance indicators Hon. Jarion Richardson: Will the Honourable Minister please provide to this Honourable House the key performance indicators (see page 60) as well as the timelines, anticipated completion dates and costs as-sociated with the Action Items outlined in the Eco-nomic Development Strate gy?
The SpeakerThe SpeakerThank you. Okay. For the questions this morning generated from Statements that were given, we do have questions this morning. And we will start the Question Period now. The first question this morning is in reference to the Statement by the Minister of Health. Minister of Health, MP Jackson would …
Thank you. Okay. For the questions this morning generated from Statements that were given, we do have questions this morning. And we will start the Question Period now. The first question this morning is in reference to the Statement by the Minister of Health. Minister of Health, MP Jackson would like to put questions to you this morning. MP Jackson.
QUESTION 1: CHILD CARE REGULATION PROGRAMME —ENSURING SAFETY AND DEVELOPMENT
Ms. Susan E. JacksonGood morning, Mr. Speaker. Yes, I just have a couple of questions for the Minister on the Child Care Regulation Programme. My first question, because it may have been missed during the budget brief, I am wondering if the Minister can just provide us with the total number of child …
The SpeakerThe SpeakerBudget brief or her Statement you mean?
Ms. Susan E. JacksonBut she may have mentioned it in the budget brief, but I missed it. And many people may have missed it.
The SpeakerThe SpeakerOkay. Minister. 1222 17 May 2024 Official Hansard Report Bermuda House of Assembly Hon. Kim N. Wilson: Yes, Mr. Speaker. Thank you. I would invite the Honourable Member to look at the budget brief, which provides the metrics and the numbers as it relates to that particular line item.
The SpeakerThe SpeakerSupplementary or second question?
Ms. Susan E. JacksonWhere might the parents find a list of the registered, licensed child care providers? The Speaker: Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. That can be found at www.gov.bm/child- careregulation- programme .
The SpeakerThe SpeakerNew question. Yes. QUESTION 2: CHILD CARE REGULATION PROGRAMME —ENSURING SAFETY AND DEVELOPMENT
Ms. Susan E. JacksonThank you, Mr. Speaker. My other question is, I am wondering if the Minister might be able to provide a little more information on the inspectors, the number of inspectors and whether they are coming out of the Ministry of Health, how that is formed. Yes. And then I have …
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. I do not have the number in total of the inspectors, but they do all come under the Ministry of Health. It is a Child Care Regulation team, all of whom have extensive qualifications with respect to child care psy-chology. In …
Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. I do not have the number in total of the inspectors, but they do all come under the Ministry of Health. It is a Child Care Regulation team, all of whom have extensive qualifications with respect to child care psy-chology. In fact, the director of it has a PhD in psychol-ogy. But the number . . . I want to say it is about five. But I can get that information to the Honourable Mem-ber. It is probably in the Budget Book. But I will get that information to the Honourable Member.
The SpeakerThe SpeakerSupplementary or new question?
The SpeakerThe SpeakerYour third question then? QUESTION 3: CHILD CARE REGULATION PROGRAMME —ENSURING SAFETY AND DEVELOPMENT
Ms. Susan E. JacksonYes. My third question is if a parent . . . because, of course, these inspections are annual and the rest of the time there may not be that kind of oversight. I am just wondering where can parents and how do parents re-port if they have any questions or …
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Thank you, Mr. Speaker, and I thank the Honourable Member for that question. That is very important. As I indicated in the Statement, we will continue with public engagement so that they can recognise parents, soon- to-be parents and providers, and the benefits of the …
Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker, and I thank the Honourable Member for that question. That is very important. As I indicated in the Statement, we will continue with public engagement so that they can recognise parents, soon- to-be parents and providers, and the benefits of the STARS programme and what it entails. However, again not to sound repetitious, but that same [website] address addresses all of the regulations. So a parent can contact the Ministry directly, or alternatively utilise that [website] address for register-ing any type of concerns with respect to the child care or the day care providers.
The SpeakerThe SpeakerThank you. Supplementary? Thank you.
The SpeakerThe SpeakerMembers, that is the end of the questions for the Minister of Health. We now move on. Minister of Works, the Opposition Whip has questions for you this morning. QUESTION 1: LIFEGUARD PROTECTION ON PUBLIC BEACHES
Mr. L. Craig CannonierGood morning, colleagues, and thank you, Mr. Speaker. On the last paragraph on page 2, the Minister mentions that there are other jurisdictions experiencing similar challenges. I am just curious as to whether or not the Minister is aware of the pay that the US, maybe New York or New …
Good morning, colleagues, and thank you, Mr. Speaker. On the last paragraph on page 2, the Minister mentions that there are other jurisdictions experiencing similar challenges. I am just curious as to whether or not the Minister is aware of the pay that the US, maybe New York or New Jersey which he mentioned . . . what they are paying their lifeguards? The Speaker: Minister.
The SpeakerThe SpeakerSupplementary? Bermuda House of Assembly Mr. L. Craig Cannonier: Yes, supplementary. SUPPLEMENTARIES
Mr. L. Craig CannonierYes. I am just curious. So the gauge of saying that we are going to potentially, as put in the Statement, that we are going to match it up with the lowest labour figures to get the lifeguards to that potential figure . . . I am just trying to …
Yes. I am just curious. So the gauge of saying that we are going to potentially, as put in the Statement, that we are going to match it up with the lowest labour figures to get the lifeguards to that potential figure . . . I am just trying to understand why we would use that as a barometer as opposed to the industry barometer that is being done around the world.
Lt. Col. Hon. David A. BurchMr. Speaker, the figures that I gave would be guides. Part of the assessment will be to look at what the budget can sustain and what the industry standard is for that. And we will come out with a figure that is reflective of both of those considerations.
Mr. L. Craig CannonierSo again, so you are going to look at what the industry is doing then? Is that a confirmation of what I [asked], that you are going to be looking at the industry, using that as part of the gauge?
The SpeakerThe SpeakerYes. QUESTION 2: LIFEGUARD PROTECTION ON PUBLIC BEACHES
Mr. L. Craig CannonierSecond question. Certainly. And also on page 3, it is mentioned about the . . . let me get to it. (My apologies.) “Exploring increasing the starting pay.” So when you say “exploring,” are we looking to implement something by this season during this year? Or are we looking at …
Lt. Col. Hon. David A. BurchMr. Speaker, the plan is to do it as soon as we possibly can within the current budgetary constraints. The challenge with lifeguards is that they have traditionally been seasonal. And so right away you can see there would be challenges in finding people wh o would be able to …
Mr. Speaker, the plan is to do it as soon as we possibly can within the current budgetary constraints. The challenge with lifeguards is that they have traditionally been seasonal. And so right away you can see there would be challenges in finding people wh o would be able to do that. The traditional seasonal participants in that have generally been foreign college students who come to Bermuda for the summer. And it works out as a good arrangement for a college student. It has been very difficult to recruit Bermudians in that construct. And so the process of what we are looking at now is how we can encourage Ber-mudians and make it economically viable for them to participate as a lifeguard. As a matter of fact, the government has one full-time lifeguard superintendent in the Department of Parks. So this is a whole new concept that is being looked at as a result of the increase in cruise ship visi-tors, as well as the increase in the number of people who go to beaches. So there is a wide scope in this in terms of (1) I can say we will not be able to provide lifeguards to every beach that we have in the country. That is a fact; and (2) looking at providing lifeguards at more than Horseshoe Bay so that you can spread the interest from tourists to various beaches as opposed to just one beach. So there is a full holistic scope. I have had a briefing note of about seven pages that sets out the history of this whole business, what needs to be looked at going forward, what is the industry standard in terms of number of lifeguards to people on the beach. And it is a whole new exercise. But I would also point out, Mr. Speaker, that we have to be realistic. And in part of my Statement I men-tioned about signage. Everywhere on this planet that has pools or beaches generally has a sign that says, No lifeguard on duty. Swim at your own risk. And that is a disclaimer, but it is not discounting the fact that we still will make an effort to provide lifeguards on the beaches.
Mr. L. Craig CannonierOf the eight (I believe you mentioned) lifeguards that we have, how many are Bermudian or of Bermuda status, I should say?
Lt. Col. Hon. David A. BurchMr. Speaker, the five reserve ones are Bermudian. So by “reserve” I mean they have a full -time job somewhere else. And they do lifeguarding as a weekend activity or evening activity.
The SpeakerThe SpeakerSecond supplementary or third question? No more questions. Minister of Works, that is the end of the questions for you. Thank you. The next questions this morning are for the Minister of Transport. 1224 17 May 2024 Official Hansard Report Bermuda House of Assembly Minister of Transport, the Opposition Leader …
Second supplementary or third question? No more questions. Minister of Works, that is the end of the questions for you. Thank you. The next questions this morning are for the Minister of Transport. 1224 17 May 2024 Official Hansard Report
Bermuda House of Assembly Minister of Transport, the Opposition Leader would like to put questions to you.
QUESTION 1: UPDATE ON DIGITAL FARE MEDIA
Hon. Jarion Richardson: Thank you, Mr. Speaker. Good morning to you. Good morning to my colleagues and the listening public. Would the Honourable Minister be able to inform this Honourable House or explain how he is going to reduce the risk of fraud or people cheating the sys-tem as it relates to his Statement on page 4 where he said, “Once purchased,” (the tourists will be able to) “effortlessly board buses or ferries by simply di splaying their digital tickets to the operators”? This seems to me to invite fraud, because the person would simply be able to take a picture of one phone to another phone. So what, if anything, are the plans of the Ministry to make sure that we are still able to collect our appropriate fees in this structure? Thank you.
The SpeakerThe SpeakerMinister. Hon. Wayne L. Furbert: Mr. Speaker, I believe that the system will be secure. I am sure that there will be times when there may be some challenges that take place. But we will continue to monitor what takes place. But even right now, I am not sure whether …
Minister.
Hon. Wayne L. Furbert: Mr. Speaker, I believe that the system will be secure. I am sure that there will be times when there may be some challenges that take place. But we will continue to monitor what takes place. But even right now, I am not sure whether Members realise that individuals actually go up to the little box that is on the bus and put foreign currency in or whatever. So we believe this is more secure than that which would take place. And eventually, as I said, there will be a device where you ta p it. That information will be more secure than ever.
The SpeakerThe SpeakerSupplementary? Hon. Jarion Richardson: None, Mr. Speaker. Thank you.
The SpeakerThe SpeakerOkay. Thank you. Minister, you also have questions for you from MP Jackson. MP Jackson. QUESTION 1: UPDATE ON DIGITAL FARE MEDIA
Ms. Susan E. JacksonThank you, Mr. Speaker. I would like to ask the Minister if he might be able to provide a little information about the develop-ment of the Internet capacity, or the Internet coverage, given the fact that this will be the first time that Bermuda is really engaging in an interactiv …
Thank you, Mr. Speaker. I would like to ask the Minister if he might be able to provide a little information about the develop-ment of the Internet capacity, or the Internet coverage, given the fact that this will be the first time that Bermuda is really engaging in an interactiv e online payment process on our roads versus from our homes.
The SpeakerThe SpeakerMinister. Hon. Wayne L. Furbert: Mr. Speaker, you are well aware that all of us, most of us who are in this room, have some way or type of Internet connection. And it is normally hooked up to Digicel or wherever they hook up their Internet. So that is not …
Minister.
Hon. Wayne L. Furbert: Mr. Speaker, you are well aware that all of us, most of us who are in this room, have some way or type of Internet connection. And it is normally hooked up to Digicel or wherever they hook up their Internet. So that is not a concern of ours. People are well aware of how that works in Bermuda right now. So I think it will work the same way as far as get-ting access to the Internet, if that is what you are talking about.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY
Ms. Susan E. JacksonYes, supplementary. So will the buses then be fitted with some form of internet antenna so that will there be in the future maybe even Wi -Fi connection on buses?
The SpeakerThe SpeakerMinister. Hon. Wayne L. Furbert: Mr. Speaker, that is always a possibility that we can look at.
The SpeakerThe SpeakerThank you. Second supplementary or new question?
The SpeakerThe SpeakerGo ahead. QUESTION 2: UPDATE ON DIGITAL FARE MEDIA
Ms. Susan E. JacksonWith regard to our visitors on the Island, then yes, given our Internet connections and data programmes are getting more sophisticated, when our visitors come to the Island and they are only looking for this immediate Internet access in order to get on a public transportation bus, how does the …
With regard to our visitors on the Island, then yes, given our Internet connections and data programmes are getting more sophisticated, when our visitors come to the Island and they are only looking for this immediate Internet access in order to get on a public transportation bus, how does the Minister see that app working, the process working for those visitors who get off of a cruise ship or an airplane and just want to catch the bus for one day? Like, how will that work? Do they have to go through the w hole pass process? Or if they just want to buy one ticket for one fare one day?
The SpeakerThe SpeakerMinister. Hon. Wayne L. Furbert: Sure. All tourists, as you are aware, many tourists (as you know) already book for Internet when they come here and understand the pro-cess will be working. If that is what you are talking about. [Inaudible interjection] Hon. Wayne L. Furbert: Many tourists who land …
Minister.
Hon. Wayne L. Furbert: Sure. All tourists, as you are aware, many tourists (as you know) already book for Internet when they come here and understand the pro-cess will be working. If that is what you are talking about.
[Inaudible interjection]
Hon. Wayne L. Furbert: Many tourists who land in Bermuda right now, it is just nothing. Right? There are tourists right now who actually come to the Island whether it is on cruise or an airline. They get off and they book Internet access. Right? And as I said earlier, they also
Bermuda House of Assembly are going to be using eventually their credit card and debit card.
The SpeakerThe SpeakerSupplementary or new question?
Ms. Susan E. JacksonSo what about in places in Bermuda where we do find, especially in natural places like Horseshoe Bay, if they are getting on the bus . . . I know that the Minister just said that he feels that most people already have data. But sometimes in some places in …
So what about in places in Bermuda where we do find, especially in natural places like Horseshoe Bay, if they are getting on the bus . . . I know that the Minister just said that he feels that most people already have data. But sometimes in some places in Bermuda, there is no data because of blackout spots where you just cannot get the Internet access no matter what data plan you have got.
The SpeakerThe SpeakerMinister. Hon. Wayne L. Furbert: Mr. Speaker, I know the Honourable Member is just searching for a type of question. I mean, you can go on and on and on and on. But the technology is here in Bermuda. Bermuda is a very sophisticated society. And there are times . …
Minister.
Hon. Wayne L. Furbert: Mr. Speaker, I know the Honourable Member is just searching for a type of question. I mean, you can go on and on and on and on. But the technology is here in Bermuda. Bermuda is a very sophisticated society. And there are times . . . just move to a different [location]. Move 100 feet, move 200 feet and we get access. And you are well aware of that right now.
The SpeakerThe SpeakerSupplementary or new question? Okay. Thank you, Members, Ministers. That brings us to a close of questions for this morning. We will now move on. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerLet me just reset our time in here. Would any Member wish to speak? MP Simmons -Wade.
Mrs. Ianthia Simmons -WadeI would first like to sadly give condolences to the family of the late Calvin Simons. I was last here and I gave condolences for his daughter, Lori, who was just [funeralised] a month ago. So I give condolences to his sister, Nelda; and his two remaining daughters, Shari and …
I would first like to sadly give condolences to the family of the late Calvin Simons. I was last here and I gave condolences for his daughter, Lori, who was just [funeralised] a month ago. So I give condolences to his sister, Nelda; and his two remaining daughters, Shari and Karla. If [I can beg your] indulgence, Mr. Speaker, Calvin Simons from 1962 to April 1973 worked at NASA. He was probably one of the first Bermudians there. I think there were four or five Bermudians. He initially started his career in the Precision Measurement Lab. Then he advanced to the Acquisition Aid Lab. Then he took numerous courses, and he was assigned to the Telemetry section. He also engaged in receiving and monitoring the signals for the Apollo spaceship. He was one of the team of technicians who comman ded machines that received signals capable of recording everything from a battery -voltage level in the spaceship to the heartbeat of an orbiting astronaut. The received signals provided ground controllers with information re-garding performance for both the spaceship and the astronauts. Calvin took a keen interest in computers, and as a result he was transferred to the computer section which was responsible for radar tracking and telemetry data transmitted to the Mission Control Centre. I would also like to give my condolences to [the family of] Winnifred Robinson, from St. George’s. She was actually a very, very good friend of my mother, and condolences to her daughters, Kit, Donna and Gina. As I do each week, I would also like to give birthday wishes to my constituents who reached the age of at least 65. So my first birthday wish goes to Margaret Cooper, who turned 90; to John Sharpe, Jr., who turned 70; and to Cheryl Marini , who turned 70 as well. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Member. MP Simmons, I see you jumped very quickly. Would you like your three minutes? [Laughter]
Mr. Jamahl S. SimmonsAnd good morning, Bermuda. I would just like to extend condolences to the family of Judith Ratteray, who passed the other day. People from the Sandys Secondary family would know her very well from the Home Economics Department.
Mr. Jamahl S. SimmonsAnd her massive contribution to young men and ladies of that community. Very briefly, she was a constituent of mine at Packwood Home. And before that she was the godmother to my sister. So we have a very close tie to the family, and 1226 17 May 2024 Official Hansard …
And her massive contribution to young men and ladies of that community. Very briefly, she was a constituent of mine at Packwood Home. And before that she was the godmother to my sister. So we have a very close tie to the family, and 1226 17 May 2024 Official Hansard Report
Bermuda House of Assembly their sadness is our sadness. And we extend our deepest sympathies to them. And on a positive note, I would like to extend congratulations to constituency 33’s very own Brittany Darko for being named Nurse of the Year. From an out-standing family —and numerous Members from the West End community would like to be associated with it.
Mr. Jamahl S. SimmonsBut we are very proud of her. She is an outstanding individual. And we expect even greater things from her in the future. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Simmons. MP Caesar —Minister, just before —everybody behind you is getting before you this morning. MP Caesar.
Ms. Crystal CaesarGood morning, Mr. Speaker. Thank you. Mr. Speaker, you have noted that there are several beautiful ladies in the Gallery today adorned in red, as am I. [Desk thumping, inaudible interjections and laughter ]
Ms. Crystal CaesarNo, they are not here to support the OBA. They are actually the ladies —
The SpeakerThe SpeakerI thought it was pre- Cup Match! [Laughter]
Ms. Crystal CaesarYes. Yes. I will say that. [Inaudible interjections and laughter ]
The SpeakerThe SpeakerI hear everybody in the back agreeing with that, too.
Ms. Crystal CaesarWell, I forgive them for that. I forgive them for that.
Ms. Crystal CaesarNo, they are not here for those reasons. They are the illustrious members of the Bermuda Alumni Chapter of Delta Sigma Theta Sorority, Incorporated. [Desk thumping]
Ms. Crystal CaesarMy sororals and I are celebrating our inaugural Delta Days in Bermuda, which is akin to the similar conference in the United States, Washington, DC, in the capital at the United States Congress. In particular, the Social Action Committee of the Bermuda Alumni Chapter arranged for this event as a …
My sororals and I are celebrating our inaugural Delta Days in Bermuda, which is akin to the similar conference in the United States, Washington, DC, in the capital at the United States Congress. In particular, the Social Action Committee of the Bermuda Alumni Chapter arranged for this event as a means to educate our sororals on legislative and parliamentary processes and advance voter k nowledge. DST (or Delta Sigma Theta) Sorority is a public service sorority which was founded on the campus of Howard University on January 13, 1913. We have over 300,000 members worldwide, which includes countries such as (obviously) the United States, the Arabian Gulf, Bahamas, Canada, Germany, Jamaica, Japan, the Re-public of Korea, the Virgin Islands and of course our lovely Island home, Bermuda. Notably, Mr. Speaker, the Bermuda Alumni Chapter is this year celebrating our 35 th charter -versary as a chapter, so 35 years in Bermuda.
Ms. Crystal CaesarIn addition, this is the 25 th year of our signature community event which promotes reading and literacy, popularly known as the Reading Festival, Children’s Reading Festival. I now take this time to greet my sororals and welcome them to the Chamber. Welcome, ladies. [Desk thumping]
Lt. Col. Hon. David A. BurchMr. Speaker, I would like to offer condolences to the family of Lucinda Wor-rell Stowe. Mr. Speaker, I had known Lucinda for more than 50 years. We served in Youth Parliament together and have been friends ever since. Mr. Speaker, I had the tremendous amount of respect for her. She …
Mr. Speaker, I would like to offer condolences to the family of Lucinda Wor-rell Stowe. Mr. Speaker, I had known Lucinda for more than 50 years. We served in Youth Parliament together and have been friends ever since. Mr. Speaker, I had the tremendous amount of respect for her. She was a teacher, but she was more than a teacher. She taught at . . . I cannot remember what the school is called now because I am that old. [Laughter]
Lt. Col. Hon. David A. BurchWhen she taught there it was the Educational Centre where you sent students who could not survive or operate in the normal school environment to that place. And she demonstrated a skill set that every teacher should have, which goes beyond just teaching the curriculum that is provided for in …
When she taught there it was the Educational Centre where you sent students who could not survive or operate in the normal school environment to that place. And she demonstrated a skill set that every teacher should have, which goes beyond just teaching the curriculum that is provided for in schools. She saved more children out of that school than one can possibly imagine, Mr. Speaker. My favourite story —I have helped her. She called on me to help on a number of occasions, and I
Bermuda House of Assembly always said yes. But on one occasion in 2003 she was taking a group of students to Cuba. And she had one very troublesome young man whom she wanted—she had gone and found out that his reason for bad behaviour was not to disrupt school or to do any of those things. It was as a result of his own personal domestic circumstance. And so he was an orphan. And the Ministry of Education told her, You can take these children to Cuba, but you cannot take this young man. And you cannot spend any taxpayers’ dollars on taking him to Cuba. So she raised her own money to take him and took him as a result of her desire to expose him to other orphans who did not view that as a death sentence or a catastrophe in their lives, that he could still thrive and progress. And that young man is Nikki Bascome, Mr. Speaker. So she became a mother to Nikki and saved him from what could have been a complete disaster.
[Timer chimes]
Lt. Col. Hon. David A. BurchAnd there are countless other young people who fall into that same category. Thank you.
The SpeakerThe SpeakerThank you, Minister. MP Caines, you were pretty quick that time.
Mr. Wayne CainesThank you, Mr. Speaker. If it pleases you, Mr. Speaker.
Mr. Wayne CainesMr. Speaker, I would like for this Honourable Chamber to offer condolences to the family of Morris Francis. Mr. Francis is what we would call an icon in Bermuda. He attended the Howard Academy. He and a group of comrades formed the company that we now know as Tools & …
Mr. Speaker, I would like for this Honourable Chamber to offer condolences to the family of Morris Francis. Mr. Francis is what we would call an icon in Bermuda. He attended the Howard Academy. He and a group of comrades formed the company that we now know as Tools & Equipment. For a number of years, he and the men of Tools & Equipment put together and combined their resources with cooperative economics. And to the community of central Hamilton and far beyond, that was the place where you went to get your tools, your equipment and your supplies. They had enough other endeavours with gas stations in Bermuda. And they represented an element of our country that not only did they pool their resources to form cooperative economics, [but also] they were beacons of hope to a lot of men and women in this community. I would just say that we can go to high school together. But we can have productive enterprise in Bermuda. He was also a taxi owner and operator, Mr. Speaker. And he was a member of the Hamilton Sev-enth- day Adventist Church, an elder for over 50 years at the Hamilton Seventh- day Adventist Church. He leaves to mourn his wife, Roslyn; his daughter, Morrisa and her husband; and the granddaughter, [Camille]. I ask for suitable condolences to be sent to his family, Mr. Speaker. On a brighter occasion, there is a very important person to me, Mr. Speaker, whom you know very well who most recently celebrated her 78 th birthday. Mr. Speaker, she came to these beloved isles in 1964, immersed herself in our culture, whether it was through St. John’s Ambulance, working as a nurse at the King Edward VII Memorial Hospital, at the Westmeath [Residential and Nursing Care Home] for over 30 years. She managed to raise four kids and several grandchildren in that period of time. Mr. Speaker, this person was responsible for the forming of the West Indian Association and the Jamaican Association in her basement at a time when the rights of the West Indians in this country were often-times trampled upon. She and her comrades from the West Indian community became a voice for those peo-ple in our community. Later that West Indian Associa-tion morphed out of the same home into the Jamaican Association and were the unofficial consulates, many of them, including the Premier’s mother, for the Jamaican community in Bermuda. Mr. Speaker, the person celebrating her 78 th anniversary is indeed Shurnett Yvonne Nathan Caines. And I would like for this House to send suitable congratulations to my mother. Thank you, Mr. Speaker.
[Laughter]
The SpeakerThe SpeakerYes. The House will, and I am sure she had a challenge with at least one or two of those four children whom she raised.
Mr. Wayne CainesI am informed that one or two of those children gave difficulty, Mr. Speaker. [Laughter]
The SpeakerThe SpeakerYes. Well, we could have anticipated that one. Thank you, Member. We will share in her birthday celebrations. Deputy Premier. Hon. Walter H. Roban: Yes. Good morning, Mr. Speaker, to you and Members of the House and the community. I would like to give a couple of condolences. I would …
Yes. Well, we could have anticipated that one. Thank you, Member. We will share in her birthday celebrations. Deputy Premier.
Hon. Walter H. Roban: Yes. Good morning, Mr. Speaker, to you and Members of the House and the community. I would like to give a couple of condolences. I would like to be associated with the condolences to Winnifred Robinson. Many in this House may not know that she was the widow of Walter N. H. Robinson, a former Member of this House and a founder of the PLP . So condolences to her family and all of those of the Robinson group. And I know that Ms. Winnifred Robinson was a St. Georgian as well. So a longstanding, being born and bred and also a member of the St. George’s community. So they also should be given condolences for her passing. Also, some time ago condolences to the family of Hiltileen Burch, who passed away some weeks ago. 1228 17 May 2024 Official Hansard Report
Bermuda House of Assembly I met Ms. Burch while she was running the feeding programme that was run by St. Monica’s Church some years ago where they were doing meals for people in the community. And I am sure that Minister Weeks would like to be associated also with that condolence as well. And lastly, I would like to offer a note of congratulations as I note today in the media reference to a young man, Aaron Crichlow, who received an award for his work around the environment. And any young person in Bermuda who has decided to make championi ng our environment a cause deserves certainly recognition. They are the ones who will inherit the earth and our Island community to ensure that it is safe and clean for the future. So hats -off to any young person who takes leadership in that area. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. MP Swan. I think you beat everybody down in the back there in your moves that time.
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. That is right. I do have a little bit of an ailment, but not enough to prevent me from having heartfelt condo-lences sent to the family of one of my mentors, Mr. Arthur Chesley Trott, who was my art teacher at Warwick Sec, who was taught …
Thank you, Mr. Speaker. That is right. I do have a little bit of an ailment, but not enough to prevent me from having heartfelt condo-lences sent to the family of one of my mentors, Mr. Arthur Chesley Trott, who was my art teacher at Warwick Sec, who was taught by my art teacher at Berkeley, who was our art teacher the year he passed. That was the late Charles Lloyd Tucker. And I would l ike to associate every Berkleyite and every Member of Parliament and the whole country with those condolences. Because Chesley Trott was an artist whom I learned a great deal from, as we were taught golf at the same time by the great Herman “Tucci” Bascome. I learnt a lot about his prowess as a tennis player, how he grafted his tennis skills, having been runner -up in the Bermuda Open Tennis Championship three times! Walter King used to say, But they never remember you when you come in second, Chesley. But I can tell you this, that Chesley will be remembered for finishing second three times because I am telling it today. But I know how much heart he put into his sculpturing because he had the sculpture in his heart long before he found the tree that fit the bill of what he was going to make. He loved plants, he loved fishing, he truly enjoyed sport, and he enjoyed travel. And I can continue on well beyond my three minutes. But I cannot today because I want to send condolences to the family of my friend Malcolm Lowe who passed away. We both grew up together, both come from golfing families. I was very influenced by his father, Willard “Joe White” Lowe. And on behalf of the golfing community, Malcolm will be sorely missed by his family. He loved his family dearly. His wife comes from White Hill, so he had certainly good taste when he went looking. And I just want to say heartf elt condolences to the Lowe family. And [I want to be] associated with the condolences to [the family of] my schoolmate, Lucinda; to the family of Winnifred Robinson; associated with MP Caines’s congratulations to his mom. And I know he ran out of time before he wished my cousin her happy b irthday on a milestone, his darling wife, Maxanne Caines.
Ms. Lovitta F. FoggoGood morning to the House, and good morning to the people of Bermuda. Mr. Speaker, I would like to be associated with the condolences for [the family of] Mrs. Robinson, the mother of Gina Swainson, Donna Swainson and Kit Swainson. I often on my early morning walks would pass her …
Good morning to the House, and good morning to the people of Bermuda. Mr. Speaker, I would like to be associated with the condolences for [the family of] Mrs. Robinson, the mother of Gina Swainson, Donna Swainson and Kit Swainson. I often on my early morning walks would pass her sitting on the hill that leads down to Tobacc o Bay. She would sit outside at the wall and always had a warm greeting. And for that she will be missed, not just by myself but many others who would stop on occasion and speak with her. I know her family will definitely sorely, sorely miss her. She was the daughter of Mr. Johnny Smith who used to have a grocery shop in St. George’s. And those of us who are true St. Georgians would remember that because that is where we used to go to buy all of our produce. And he served the community well. And hi s daughter, who at times would be working beside him — that was the space where she had her introduction to many St. Georgians. Mr. Speaker, I would like to—and I never normally do this —give birthday greetings to one of our very own MPs, Mr. Craig Cannonier, and one of our former Premiers, Mr. Ewart Brown.
[Desk thumping]
Ms. Lovitta F. FoggoMay 17 is their birthday. So I just want the House— I will associate the House with these birthday greetings for both. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Mr. Whip, you have your three minutes.
Mr. Neville S. TyrrellThank you, Mr. Speaker. Good morning, colleagues. Mr. Speaker, it would certainly be remiss if I did not get up and associate myself with the condolences to Morris Francis. Everything my Honourable Member Caines said about him is true. However, I have to correct him that Morris was one of …
Thank you, Mr. Speaker. Good morning, colleagues. Mr. Speaker, it would certainly be remiss if I did not get up and associate myself with the condolences to Morris Francis. Everything my Honourable Member Caines said about him is true. However, I have to correct him that Morris was one of my classmates i n the Bermuda Technical Institute. And he was one of the top mechanics who came out of that school. And on very many occasions he assisted me in correcting some problem with my car. I would also like to be associated with the condolences for [the family of] Mr. Chesley Trott. Again, associated with the Bermuda Technical Institute. He was an art student, and he was a very good art student
B ermuda House of Assembly at that, as well as his other athletic prowess as well. So with that, I would ask that condolences be sent again to both families. Thank you.
The SpeakerThe SpeakerThank y ou, Mr. W hip. Minister C ampbell. Hon. V ance Campbell: Thank y ou, Mr. S peaker. Mr. Speaker, I would like to send congratulatory remarks to the Simons Brothers on the successful release of their new music video called “Swing.” In two weeks on YouTube they have …
Thank y ou, Mr. W hip. Minister C ampbell. Hon. V ance Campbell: Thank y ou, Mr. S peaker. Mr. Speaker, I would like to send congratulatory remarks to the Simons Brothers on the successful release of their new music video called “Swing.” In two weeks on YouTube they have gone at 30,000 views. Mr. Speaker, I had the pleasure of seeing them perform many years ago, and they were really good then. So I can imagine, as they have become seasoned, that they are even better now. The group, Mr. Speaker, are back on the Island. They live in Panama, and their recent video was filmed in Cuba. And in listening to it, you could hear the Latin influence coming through. They are back on Island. They have a concert, Summer of Swing, that is on tonight and tomorrow night at the City Hall, the Earl Cameron Theatre. And it starts each night at eight o’cloc k. The tickets are available on the site, www.thesimonsbrothersband.com/summer-of-s wing. Now, the brothers are Jonathan, 25; Solomon, 22; and Leonardo, 18. So they are very young, but have been at this for quite some time. I believe Jonathan was still in primary school when I first saw them perform. So they have a bright future ahead of them, and I wish them, these young Bermudian men, every success going forward. Thank you, Mr . Speaker.
The SpeakerThe SpeakerThank y ou, Minister. Does any other Member wish to make a contribution? Minister Weeks, you may make your contribution now. Hon. Michael A. Weeks: Good morning, Mr. Speaker. Good morning, colleagues. Mr. Speaker, I would like to start off by being associated with the remarks for Lucinda Worrell Stowe. …
Thank y ou, Minister. Does any other Member wish to make a contribution? Minister Weeks, you may make your contribution now. Hon. Michael A. Weeks: Good morning, Mr. Speaker. Good morning, colleagues. Mr. Speaker, I would like to start off by being associated with the remarks for Lucinda Worrell Stowe. I would like to reiterate what Colonel Burch had said. I had known her for quite some time, and we had worked in the arena of at -risk young boys. And she had a passion for it, Mr. Speaker. She will be sorely missed in that community. Mr. Speaker, on a positive note, I would also like to send congratulations to Ms. Gina Spence —I think she is Virgil now. Gina Spence Productions has been in operation for 33 years, Mr. Speaker. They started off helping at -risk youth, but it morphed into helping those families who were grieving from the loss of loved ones [due] to the violence that permeates our society. I went to their 33- year celebration. You know, she is one of my constituents. And there were people from all walks who were there to celebrate and support her in that endeavour. So my congrats go out to her, and I would like this Honourable House to do the same. Mr. Speaker, one other congratulatory statement that I heard that I would like to be associated with, the Member from constituency 31. Mr. Speaker, when she talked about the Delta Sigma Theta, they are my Greek sisters. I am a part of the illustrious Kappa Alpha Psi. So I have to send my congratulatory remarks in support of Delta. My wife is actually a part of that illus-trious sorority. Mr. Speaker, Delta’s Social Action Committee, like the constituency 31 MP said, they are not only active here in Bermuda, but actually worldwide in many other institutions. So what they do for Bermuda is com-mendable, Mr. Speaker. Somebody of note (I had t o do a little homework) is the Supreme Court Justice— what is her name? Kamala [sic]— [ Inaudible interjections] Hon. Michael A. Weeks: No, no, no, no. Hang on. Hang on. I got it. [ Laughter and crosstalk ] Hon. Michael A. Weeks: [US] Supreme Court Justice, Mr. Speaker. Her name is Ketanji Brown Jackson. [ Inaudible interjections] Hon. Michael A. Weeks: If you give me a second, I would get it right, Mr. Speaker.
The SpeakerThe SpeakerThere you go. All right. Hon. Michael A. Weeks: But it is just to show Angela Bascome is also a significant member of Delta Sigma Theta.
The SpeakerThe SpeakerYes. Yes. Hon. Michael A. Weeks: So, congrats to Delta. [ Desk thumping]
The SpeakerThe SpeakerAll right, Minister. You bare yourself out there, Minister. You did all right. All right. MP Richardson.
Mr. Anthony RichardsonGood morning, Mr. Speaker, and to those in the listening audience and my colleagues. I was told that I can choose between “beautiful” and “ladies in red.” I choose both. Congratulations to everybody, and to my colleague who sits next to me and keeps me in check. But, Mr. Speaker, …
Good morning, Mr. Speaker, and to those in the listening audience and my colleagues. I was told that I can choose between “beautiful” and “ladies in red.” I choose both. Congratulations to everybody, and to my colleague who sits next to me and keeps me in check. But, Mr. Speaker, I want to give significant kudos to a young man who, in his own words . . . he normally stays behind the scenes and very . . . what? “‘Most of what I do is behind the scenes,’ says Mr. 1230 17 May 2024 Official Hansard Report
Bermuda House of Assembly Johnston. ‘I only poke my head out once in a while,’ and this is the tim e he has poked his head out.” Mr. Speaker, he is a graphic designer, and this is his 20th year in operation. He was initially operating out of Toronto and then decided to move back to Bermuda. And what is even more significant than that is he and his team have put forward a short film that is going to be debuted on Monday. And I am looking for ward to going there because he is one of those guys who is . . . he is one of my constituents, by the way. He is very, very quiet, very unassuming, but also very, very pow-erful. And what we now talk about as being a “creative,” he is one of the genuine creatives and can move mountains and, I want to say, almost do magic with an idea. So, when you go to him, you express an idea, he is able to take that and do some incredible work w ith that. And I have had the personal experience of doing it. So, I want to congratulate him. And also, for all persons who actually have the fortitude to go into business for themselves and go through all of the trials and trib-ulations that occur and stil l move forward. So, I will say again to Mr. Johnston, to Stefan, congratulations to you and your team! And I will see you on Monday. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I would like to be associated with the condolences that have been offered by the Minister of Public Works to the family of Ms. Lucinda Worrell …
Thank you. Does any other Member wish to make a contribution? Premier.
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I would like to be associated with the condolences that have been offered by the Minister of Public Works to the family of Ms. Lucinda Worrell Stowe. Mr. Speaker, I would also like to ask to associate the entire House in the next congratulations if I may. And on behalf of the Minister of Education, who is attending educational activities this morning, and as I said, on behalf of the entire House I wish to extend congratulations to the 102 graduates from the Bermuda College Class of 2024.
[Desk thumping] Hon. E. David Burt: I would certainly like to thank the hardworking teachers and staff who helped them to achieve their goals. Mr. Speaker, of course as we continue to celebrate and support the Bermuda College, something that should not be forgotten is that this Government . . . one of the first pledges that we executed when we returned back to office was that we said that we woul d make Bermuda College accessible to everyone regardless of financial need. We have achieved that in addition to introducing the College Promise programme where persons who graduate from high school with a 3.0 GPA get to attend the Bermuda College free of charge on a merit scholarship. So, merit, need- based— anyone can go to the college. One hundred and two graduates were able to do that. So, Mr. Speaker, it is certainly an amazing accomplishment. Mr. Speaker, I would also like to associate the Honourable Attorney General and Member for constituency 36 with the next congratulations, because I would like to offer congratulations to the Attorney General’s niece, Ms. Kenni Thompson, who was awarded the Player of the Match as her AFC Bournemouth Women’s Team retained the South Women’s Hampshire Senior Cup earlier this week. It is her first trophy with the club; it is her eighth goal scored thus far this season. And she was recognised for that accomplishment as the Player of the Match as well. Mr. Speaker, as I close it would be remiss of me not to join and associate myself with the congratulations for the members of the Bermuda Alumni Chapter of Delta Sigma Theta Sorority, Incorporated. Mr. Speaker, as persons in Greek life know (as I count myself a proud member of Alpha Alpha Fraternity, Incorporated) —
[Desk thumping] Hon. E. David Burt: —the Deltas are large. The Deltas are everywhere. The Deltas are the largest Black Greek -letter organisation that exists in the United States and around the world. They boast incredible activities globally, but also, we are pleased to have a very active chapter here. And every year, of course, we know the work they do in the community, but without question the work of which they do with the annual Reading Festival which attracts hundreds of children to spread the cause of literacy. So, I want to salute the Bermuda Alumni Chapter for its dedication to education and positive change in our community. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? Madam Attorney General. He took a little of your thunder. Hon. Kathy Lynn Simmons: I know. He is always stealing my thunder. But that is okay because it is for a good cause.
The SpeakerThe SpeakerThere you go. Hon. Kathy Lynn Simmons: Of course, I want to associate [myself with] the remarks that the Premier made about my niece, who continues to show great resilience on her overseas journey. Kenni left here at a very young age, and I am always, always stunned by her …
There you go.
Hon. Kathy Lynn Simmons: Of course, I want to associate [myself with] the remarks that the Premier made about my niece, who continues to show great resilience on her overseas journey. Kenni left here at a very young age, and I am always, always stunned by her maturity, her global perspective and what she actually did back on her journey. Not only is she playing
Bermuda House of Assembly football, but she is actually training and coaching a young team at Bournemouth. So, to see her growth and maturity is absolutely awe -inspiring. And I send my congratulations, which I have already extended, to my niece now publicly. But on a sad note, I would like to extend my condolences and those of the House to [the family of] one of my beloved constituents, a quiet lady. And you hear all of the giants in the House. But Mrs. Cynthia Irene Rahman, formerly Brangman. Sandys resident s may remember her as a dry cleaner in Sandys, yes, dry cleaning, the Clean- R-Ama. She had a particular skill in wedding dresses. But she was always a humble soul and always a constituent of mine, and she lived at East Shore Road, who ensured that she part icipated in our constituency functions. She was always one of the first people in the box when we did our Island drives. And her quiet smile and her joviality will be sorely missed. So, to her family who are grieving her, we send our condolences. And we will certainly miss her. Thank you, Mr. Speaker. And I associate Kim Swan with those remarks, and my branch in constituency 36. She will sorely be missed.
The SpeakerThe SpeakerDoes any other Member wish to make a contribution at this time? MP Adams.
Mr. Jache AdamsMr. Speaker, I am just going to be brief this morning and simply echo the sentiments of those, particularly members in the Greek organisation, and say my congratulations and be associated to the congratulatory remarks to the ladies of Delta Sigma Theta.
Mr. Jache AdamsAbsolutely. I have witnessed firsthand the role that they play in the community and the value that they add. And I just want to commend them and hope that they continue to work and pursue progress forward. Thank you.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? None other. Before we move on, I am just going to make a couple of brief remarks. MP Caines, MP Swan bailed you out by remembering one significant detail you forgot to mention in your birthday [greetings]. But you …
Thank you. Does any other Member wish to make a contribution? None other. Before we move on, I am just going to make a couple of brief remarks. MP Caines, MP Swan bailed you out by remembering one significant detail you forgot to mention in your birthday [greetings]. But you are not the only one alone today. The Premier in his t ime in his speech just now, his father’s birthday is today as well. He celebrated it . . . last week he celebrated. Today is his birthday, and he asked me to mention that when his three minutes expired before he had the op-portunity to do. So, we send a hap py 80 th birthday to Gerald Burt. But while I am acknowledging the Premier’s family, I note in the Gallery a familiar face. His wife is visiting us this morning. But beside her is one who made it all possible for her to be here. Her mother is visiting from California.
[Desk thumping]
The SpeakerThe SpeakerAnd we would like to acknowledge her presence here this morning. And, Ms. Chamber -Bliss, I trust that you enjoy your time here with us this morning. And I will not say it will be one of the highlights of your visit to Bermuda. [Laughter]
The SpeakerThe SpeakerBut I hope that you leave here with pleasant memories of your time here this morning. With that said, I would like to add my condolences to some remarks. Condolences raised to Mr. Cal Simons. And, MP Wade- Simmons, I was quite shocked to hear that this morning, even though …
But I hope that you leave here with pleasant memories of your time here this morning. With that said, I would like to add my condolences to some remarks. Condolences raised to Mr. Cal Simons. And, MP Wade- Simmons, I was quite shocked to hear that this morning, even though I knew he was quite low. I would like to be associated also with the condolences to the family of Ms. Judith Ratteray, and of course to Mr. Morris Francis. And with that, Members, we will move on.
MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerWith that said, it now leads us to the order of business for today. And the first item this morning 1232 17 May 2024 Official Hansard Report Bermuda House of Assembly is consideration of the Supplementary Estimate (No. 3) for Financial Year 2022/23 in the name of the Premier/Minister of …
With that said, it now leads us to the order of business for today. And the first item this morning 1232 17 May 2024 Official Hansard Report
Bermuda House of Assembly is consideration of the Supplementary Estimate (No. 3) for Financial Year 2022/23 in the name of the Premier/Minister of Finance. Premier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, in accordance with Standing Order 43(4) and 43(5), I move that Supplementary Esti-mate (No. 3) for Financial Year 2022/23 be approved.
The SpeakerThe SpeakerAny objections? There are none. The matter has now been approved if there are no objections. Continue, Mr. Premier. Hon. E. David Burt: Thank you, Mr. Speaker. I move that we resolve ourselves into Committee of Supply . . . Sorry. I need to give the introduction part before we …
The SpeakerThe SpeakerYes. We are both mis -stepping this morning. Hon. E. David Burt: No problem, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. BILL SECOND READING SUPPLEMENTARY ESTIMATE (NO. 3) FOR FINANCIAL YEAR 2022/23 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the Schedule identifies three items totalling $6,723,610 to be included in the Supplementary Estimate (No. 3) for 2022/23, all on current account. Honourable Members …
Go right ahead.
BILL
SECOND READING
SUPPLEMENTARY ESTIMATE (NO. 3) FOR FINANCIAL YEAR 2022/23 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the Schedule identifies three items totalling $6,723,610 to be included in the Supplementary Estimate (No. 3) for 2022/23, all on current account. Honourable Members will note in respect of the total $6,723,610 it is all a technical supplementary. A technical supplementary indicates that the requirement for additional funding can be met within the originally appropriated estimates. However, it canno t be transferred since they are appropriated within another min-istry or they are appropriated in the capital account. Following the completion of the 2022/23 financial statements in March 2024, a final total current account spending for 2022/23 inclusive of debt service was $1.098 billion, or $16.7 million (1.5 per cent) lower than the adjusted budget of $1.114 billion. Total revenues for 2022/23 were $1.129 billion, or $51.3 million (or 4.8 per cent) higher than the original budget of $1.078 billion. Supplementary Estimate 2022/23 (No. 3) [2022/23] is directly related to additional expenditures associated with the increased requirement for substitute teachers within the Education Department to assist with education reform; the reduction in Works & Engineering quarry products and transport recharges; and the additional overtime requirement for cor rections officers within the Department of Corrections. Based upon the aforementioned spending and improved revenue in 2022/23, the final budget deficit was $34.7 mil-lion, or $35.3 million (or 50.4 per cent) lower than the original forecast of $70 million. Total capital account spending for 2022/23 was $66.1 million, or $6.8 million (or 10.3 per cent) below the original budget of $73 million. On the capital account based upon the aforementioned spending, there are no further supplementary estimates that wou ld be required for fiscal year 2022/23. Honourable Members will recall that the criteria for determining supplementary estimates requires that all items on current account be debated if the total current account spend of the ministry shows an increase of greater than 10 per cent, or $250,000, w hen compared to the original estimate. All capital items are de-batable. Applying the criteria that I have just described on current accounts, all matters are debatable. And therefore, Mr. Speaker, I guess when we go into Committee, I will move the approval of the items current account 1 through 3, which are all debatable. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP Foggo, will you assume the Chair so we can take the House into committee? House in Committee at 11:4 5 am [Ms. Lovitta F. Foggo, Chairman] COMMITTEE OF SUPPLY SUPPLEMENTARY ESTIMATE (NO. 3) FOR FINANCIAL YEAR 2022/23
The ChairmanChairmanGood morning, Members. We are now in Committee of Supply for consideration of Supplementary Estimate (No. 3) for Financial Year 2022/23. There are three items in this supplementary estimate to be considered. I call on the Minister in charge for item number 1, Ministry of Education, or the Minister filling …
Good morning, Members. We are now in Committee of Supply for consideration of Supplementary Estimate (No. 3) for Financial Year 2022/23. There are three items in this supplementary estimate to be considered. I call on the Minister in charge for item number 1, Ministry of Education, or the Minister filling in for the Minister of Education to take the floor. Minister. Hon. Michael A. Weeks: Madam Chairman, I am not filling in for Education. I also have a brief.
The ChairmanChairmanOkay. So, hold on. We will move to item 3, the Ministry of National Security. Minister, continue. Bermuda House of Assembly MINISTRY OF NATIONAL SECURITY HEAD 25 —DEPARTMENT OF CORRECTIONS Hon. Michael A. Weeks: Thank you, Madam Chairman. Madam Chairman, I will now present the 2022/23 Supplementary Estimate for Head …
Okay. So, hold on. We will move to item 3, the Ministry of National Security. Minister, continue.
Bermuda House of Assembly MINISTRY OF NATIONAL SECURITY HEAD 25 —DEPARTMENT OF CORRECTIONS
Hon. Michael A. Weeks: Thank you, Madam Chairman. Madam Chairman, I will now present the 2022/23 Supplementary Estimate for Head 25, the De-partment of Corrections. During the fiscal year 2022/23 the Corrections Department’s operations were greatly impacted by the shortage of staff. To ensure that all measures of safety and security, including the daily operations of the facilities and the court orders, were carried out, the 16 staff were required to work a huge amount of overtime. This resulted in a supplement of $1,074,882. Madam Chairman, the Department of Corrections had a total of 33 correctional staff vacancies in 2022/23. This consisted of one assistant commissioner at headquarters, one principal officer at the Westgate facility, two divisional officers at the Correctional Education facility and one at the Westgate Correctional Fa-cility. There was a total of 29 basic officers’ vacancies throughout all of the facilities in the fiscal year 2022/23. Most of the overtime was incurred by the following: • coverage for staff vacancies representing 81 per cent of the supplement; • medical and court escorts representing 7 per cent of the supplement; and • coverage of annual leave and sick leave repre-senting 9 per cent of the supplement. Madam Chairman, there were some unforeseen incidents that involved inmates having to be housed at King Edward VII Memorial Hospital and Mid Atlantic Wellness Institute, as well as suicidal inmates who had to be observed on a 24- hour observation watch. Thes e incidents represent 3 per cent of the supplement. Madam Chairman, the Department of Corrections conducted a very aggressive recruitment drive during the fiscal year 2022/23 with the aim of recruiting at least 25 to 30 correctional officers. Unfortunately, it was extremely difficult to find suitable candi dates out of the approximately 200 applicants in both recruitment drives. As is well known, the Department of Corrections competes with our sister uniform departments, Bermuda Fire and Rescue Services, the Bermuda Police and the Department of Customs, for recruits. This creates an even more difficult challenge for recruiting suitable Bermudian candidates. Both of our recruitment drives in 2022/23 yielded a total of nine suitable applicants for correctional officers and one suitable nursing officer. Madam Chairman, this fiscal year saw Corrections experience a considerable number of officers ex-iting due to retirement. We had nine officers retire between the ranks of basic officers and chief officers, as well as three resignations of basic officers. These retirements and resignations further exacerbated the staff shortage and added to the demand for staff to work overtime hours. Madam Chairman, during this current year the Department of Corrections will be conducting more recruitment drives to fill staff vacancies. In fact, the department is well advanced in our current recruitment drive. The aim is to fill vacant posts and, by extension, reduce the need for officers to work overtime. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak to Head 25? I recognise the Deputy Opposition Leader. You have the floor, Member.
Mr. Ben SmithThank you, Madam Chairman. Thank you to the Minister for the update on this supplementary. A couple of questions. Considering that the Opposition brought up during this recent budget debate that there was going to be a need, because of the shortfall that we had seen in Corrections, that we …
Thank you, Madam Chairman. Thank you to the Minister for the update on this supplementary. A couple of questions. Considering that the Opposition brought up during this recent budget debate that there was going to be a need, because of the shortfall that we had seen in Corrections, that we would have to continue to have a large amount of overti me paid out, could the Minister let us know whether, considering that we are now looking at a supplementary for 2022/23, in May of 2025 will we be doing the same sort of thing because of this shortfall? I understand that the Minister said that the recruiting drive is continuing to show a shortfall of the number of people whom they are able to recruit. So, considering that what we have is not enough people to fill these roles and the increase in vacancies, it would be obvious to most people that this problem is going to continue. So, my follow -up question is, Has an analysis been done within Corrections to show that working in a high-stress environment [has a] potential impact on health, mental health and just the overall stress level of the workers who are not only having to work in this stress environment, but having an excessive, huge amount of overtime, as the Minister pointed out? And if that analysis has been done, would he be able to provide for us what the recommendations were? And is there a plan in place, considering that we do not seem to be able to recruit enough locally, to figure out another way for us to fill these roles? It seems to be reaching a critical point where the safety of the members of the Corrections unit, along with the safety of the community . . . because this is an important role that they are fulfilling. And we cannot have a situation where, as more people retire, more stress is being put on the people who are left behind. This seems to be an emergency situation that we see has happened in 2022/23 and it has continued. And in the budget just passed, we see that it looks like it will continue for this upcoming year. So, can the Minister give us an idea whether an analysis has been done? What has been put in 1234 17 May 2024 Official Hansard Report
Bermuda House of Assembly place for us to fix this situation so that we do not end up with a dangerous position when it comes to Corrections? Thank you.
The ChairmanChairmanThank you, Member. Are there any other Members who wish to speak to Head 25? There being no other Members, Minister, I call on you. Hon. Michael A. Weeks: Thank you, Madam Chairman. And thank you to the Honourable Member who had a contribution to make. I would like to …
Thank you, Member. Are there any other Members who wish to speak to Head 25? There being no other Members, Minister, I call on you. Hon. Michael A. Weeks: Thank you, Madam Chairman. And thank you to the Honourable Member who had a contribution to make. I would like to start off by saying, not only for these Honourable Members, but for the listening public, all is not doom and gloom in the Corrections Department. The management and staff there are doing an excellent job. And there are incidents of overti me. I was asked a question of, Has an analysis been done? Yes, an analysis has been done. And we are still in draft form as to the recruitment processes that take place not only in Corrections, but through all of the uniform services. So that assessment has been done, and the results will be shared in due course. We know and we realise that not only in the uniform services, but throughout government, we have issues with getting qualified applications. So, we have to bring our recruitment process into the 21 st century, and we are well underway in the Corrections and uniform services to do such. Thank you.
The ChairmanChairmanAre there any other Members who wish to speak? If there are being none, then I will have the Minister move that the head be approved. Minister. Hon. Michael A. Weeks: Thank you, Madam Chairman. I now move that Head 25 of the Supplementary Estimate [(No. 3)] for the fiscal …
The ChairmanChairmanIt has been moved that Head 25 for the Supplementary Estimate (No. 3) for Financial Year 2022/23 be approved. Any objections? There being none, so approved. [Motion carried: The Ministry of National Security Head 25 was approved and stands part of the of the Supplementary Estimate (No. 3) for Financial …
The ChairmanChairmanThank you, Minister. I now call on the Minister for Head 82. Minister. MINISTRY OF PUBLIC WORKS —HEAD 82 WORKS & ENGINEERING
Lt. Col. Hon. David A. BurchThank you, Madam Chairman. In relation to Head 82 supplemental brief, the Ministry of Public Works budgets $5.5 million each year as an estimated amount to be recharged to other government departments for work done at the Government Quarry for non- public works activities. This work includes fuel for all …
Thank you, Madam Chairman. In relation to Head 82 supplemental brief, the Ministry of Public Works budgets $5.5 million each year as an estimated amount to be recharged to other government departments for work done at the Government Quarry for non- public works activities. This work includes fuel for all vehicles that use the quarry or Marsh Folly, garage services for vehicles at utilisation costs. The budget is the negative line item that is balanced by the recharging of other budgets. The purpose of this system was to provide a means of tracking the costs of services within the accounting software. Updates to the E1 accounting sys-tem unfortunately made the recharging process manual, and as such the process became largely anachronistic. This $2,971,260 supplemental request represents the balance of the $5.5 million budgeted costs that were not recharged by other departments due to technical difficulties within the E1 accounting system. Until the issues with the accounting system are rect ified, we will continue to expect these supplementals, which are administrative in nature. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak to Head 82? I recognise Member Cannonier. Member Cannonier, you have the floor.
Mr. L. Craig CannonierThank you, Madam Chairman. And I recognise the challenge with these recharges. I must say, having had to experience it firsthand, it is a bit illogical to process it how we are doing this here. And I know it is probably frustrating for the Minister, as well. And I am …
Thank you, Madam Chairman. And I recognise the challenge with these recharges. I must say, having had to experience it firsthand, it is a bit illogical to process it how we are doing this here. And I know it is probably frustrating for the Minister, as well. And I am hoping that we can find a better way to deal with this here, but it has been going on for years now with just about every administration trying to deal with this here. I mean, these are re-charges from 2022, y ou know? I would even expect that with a manual system we could do better in getting these invoices recharged. So, I hope that the Minister is able to make some headway this financial budget year so that we can get a better hold of it. I understand that the E1 sys-tem can be— has been— a bit challenging with this. But I believe that even with these recharges, even before the E1 system we were having challenges with recharges. So, I am hoping that the Minister can find a better way forward so that we are not having to come two years after with these recharges despite the fact that it is manual. And I appreciate his explanation—fuel, garage services—and they are always basically the same. Just
Bermuda House of Assembly about every time we do these recharges they are always about fuel, garage services. So, I am expecting that maybe we can do better as we go forward. And I know that it is a frustrating process for the Minister himself. Thank you.
The ChairmanChairmanThank you, Member. Are there any other Members who wish to speak to Head 82? There being none, Minister.
Lt. Col. Hon. David A. BurchBut what I can say is that I have stood on this floor for a number of occasions talking about recharges. Let me just say I do not fully understand why the bureaucratic process is the way it is. I am not an accountant. And the accountants cannot explain it …
But what I can say is that I have stood on this floor for a number of occasions talking about recharges. Let me just say I do not fully understand why the bureaucratic process is the way it is. I am not an accountant. And the accountants cannot explain it satisfactorily to me either. But what I have asked the Chief Financial Officer and others in the Ministry is to set out what the challenges are and what the recommendations might be. I think the Shadow Minister will appreciate that E1 is the purview of the Accountant General, who guards and protects it with great enthusiasm. And trying to get them to utilise all of the facilities that the system supposedly provides has not been successful thus far. With that said, Madam Chairman, I move that Head 82 be approved.
The ChairmanChairmanIt has been moved that Head 82 be approved. Are there any objections? There being none, approved. [Motion carried: The Ministry of Public Works Head 82 was approved and stands part of the of the Supplementary Estimate ( No. 3) for Financial Year 2022/23.]
The ChairmanChairmanI now call on the Minister for Head 17 to put Head 17 for consideration. Thank you, Minister. MINISTRY OF EDUCATION—HEAD 17 LIBRARIES AND ARCHIVES Hon. Diallo V. S. Rabain: Thank you, Madam Chairman. Madam Chairman, the requirement for a supplementary estimate, more often than not, indicates un-foreseen challenges in …
I now call on the Minister for Head 17 to put Head 17 for consideration. Thank you, Minister.
MINISTRY OF EDUCATION—HEAD 17 LIBRARIES AND ARCHIVES
Hon. Diallo V. S. Rabain: Thank you, Madam Chairman. Madam Chairman, the requirement for a supplementary estimate, more often than not, indicates un-foreseen challenges in a ministry or department of government that has to be met in a given year. The Ministry of Education has one department in this Supplemen-tary Estimate (No. 3) for Financial Year 2022/23, and that is the Department of Educ ation Head 17. Madam Chairman, the unbudgeted sum of $2,677,468 is for business unit 27160, Substitutes. Madam Chairman, the budget allocation for substitute teachers is at best estimated based on staffing levels, operational need and the average need in past years. Madam Chairman, in 2022/23 a high number of substitutes were required to fill in for teachers who were absent for any given number of reasons —illness, personal leave, special leave, et cetera— during this relevant period. Substitute teachers also cover for reassigned staff assisting with education reform, working in the Education Reform unit or participating in education reform School Transition teams. Madam Chairman, the original 2022/23 budget for Substitutes was $2.7 million, but the expenditure to year end reached $5.96 million, reflecting an overage of $3.3 million. And $640,888 was found within the op-eration expenses, leaving the $2,067,468. Previ ously, funds for funded vacant posts would offset overages for substitutes. However, due to the defunding of the department’s vacant funded positions, unlike in the past funds were not available for the overages of substitutes. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak to Head 17? I recognise the Member Smith. Member, you have the floor.
Mr. Ben SmithThank you, Madam Chairman. And thank you to the Minister. If the Minister could provide for us, considering that there was an added change with the reform happening, what percentage increase would have been caused in that year because of the reform that would have been different from other years? …
Thank you, Madam Chairman. And thank you to the Minister. If the Minister could provide for us, considering that there was an added change with the reform happening, what percentage increase would have been caused in that year because of the reform that would have been different from other years? And on a go- forward basis, obviously we have heard that there has been a shortage of substitute teachers going forward. Can the Minister give us an idea of whether there is a way for us to maybe budget differently for that, considering that he no longer has the ability t o cover it with the vacated positions as he was able to do in the past? Considering that there seems to be an issue with a lack of substitute teachers, could the Minister give us some details of whether there is a change that he will be putting in place for us to get to the point where we have the resources of substitute teac hers for the coverage of our teachers? Because I believe that this was causing quite a bit of frustration within the community and specifically from our teachers. Thank you.
The ChairmanChairmanThank you, Member. Are there any other Members who wish to speak? There being none, I call on the Minister. 1236 17 May 2024 Official Hansard Report Bermuda House of Assembly Hon. Diallo V. S. Rabain: Thank you, Madam Chairman. Madam Chairman, one thing that I would like to add …
Thank you, Member. Are there any other Members who wish to speak? There being none, I call on the Minister.
1236 17 May 2024 Official Hansard Report
Bermuda House of Assembly Hon. Diallo V. S. Rabain: Thank you, Madam Chairman. Madam Chairman, one thing that I would like to add clarity to is, and the Member opposite continuously says, What will he do?, meaning the Minister. As you know, operational activities within our departments are the sole responsibility —in this particular case are the sole responsibility —of the Commissioner of Education. So what we have done is consistently ask for this perennial i ssue —because it is an issue that has been going on forever —to be looked at and how we could do things differently so we do not r un into the same issues that we seem to run into year after year after year. Again part of this is the unknown. You do not know how many people will be sick. You do not know how many people will take personal leave. And as with the signing of the new collective bargaining agreement, which was signed after the budget was being look ed at, now the teachers actually have more personal leave days added in. And so I anticipate that there will be a challenge again this year. Because that is a feature that we could not even talk about, but it is one that we are working through. When it comes to teachers being . . . when it comes to finding space to cover teachers who are perhaps working on education reform initiatives, now we do have some control over that. And we are looking at how that can be done differently. And that talks about how scheduling can be done in schools differently so that teachers who need to be absent may not have classes during the time that they need to be absent. Their prep time is shifted around. So, different things along those lines are being done. Also t he SDTs and these things are slated to start to work later in the day, and teachers would be compensated for working after - school hours so as not to disrupt the actual school day. So those are some of the things that are being looked at. In terms of what the percentage is of substitutes who were utilised for education reform, it is something I will have to take on, forward to the department so we can get some accurate numbers behind that. And I invite the MP to actually reach out to me, and we can find out that information. I just do not know it right now.
The ChairmanChairmanAre there any other Members who wish to speak to Head 17? There being none, Minister, can you move the head for approval? Hon. Diallo V. S. Rabain: Thank you, colleagues, and thank you, Madam Chairman. I now move that Head 17 be approved.
The ChairmanChairmanIt has been moved that Head 17 be approved. Are there any objections? There being none, approved. [Motion carried: The Ministry of Education Head 17 was approved and stands part of the Supplementary Estimate (No. 3) for Financial Year 2022/23.]
The ChairmanChairmanThank you. Hon. E. David Burt: Thank you very much, Madam Chairman. Mr. Chairman, noting that all heads have been approved, I move that Supplementary Estimate (No. 3) for Financial Year 2022/23 be reported to the House as printed.
The ChairmanChairmanIt has been moved that Supplementary Estimate (No. 3) for Financial Year 2022/23 be reported to the House as printed. There are no objections. Approved. [Motion carried: The Supplementary Estimate (No. 3) for Financial Year 2022/23 was considered by the Committee of Supply and passed without amendment.]
The ChairmanChairmanI call on the Speaker to resume his Chair. House resumed at 12: 06 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE SUPPLEMENTARY ESTIMATE (NO. 3) FOR FINANCIAL YEAR 2022/23
The SpeakerThe SpeakerMembers, are there any objections to the consideration of Supplementary Estimate (No. 3) for Financial Year 2022/23 being reported to the House as printed? There are none. The matter has been reported as printed. We will now move on to the next item. The second item on the Orders of …
Members, are there any objections to the consideration of Supplementary Estimate (No. 3) for Financial Year 2022/23 being reported to the House as printed? There are none. The matter has been reported as printed. We will now move on to the next item. The second item on the Orders of the Day is the second reading of the Registration (Births and Deaths) Amendment Act 2024 in the name of the Deputy Premier and Minister of Home Affairs. Minister. Hon. Walter H. Roban: Thank you very much, Mr. Speaker. I move that the Bill entitled the Registration (Births and Deaths) Amendment Act 2024 be now read a second time.
The SpeakerThe SpeakerAre there any objections? There are none. Continue. Bermuda House of Assembly BILL SECOND READING REGISTRATION (BIRTHS AND DEATHS) AMENDMENT ACT 2024 Hon. Walter H. Roban: Mr. Speaker, I am pleased to rise today to introduce the Bill entitled the Registration (Births and Deaths) Amendment Act 2024. The Bill seeks …
Are there any objections? There are none. Continue.
Bermuda House of Assembly BILL
SECOND READING
REGISTRATION (BIRTHS AND DEATHS) AMENDMENT ACT 2024
Hon. Walter H. Roban: Mr. Speaker, I am pleased to rise today to introduce the Bill entitled the Registration (Births and Deaths) Amendment Act 2024. The Bill seeks to amend the Registration (Births and Deaths) Act 1949 to make provisions for the issuance of short -form [death] certificates. Mr. Speaker, currently the death certificate can only be issued by the Registry General Department when the Regist rar General is given notice that a death has occurred in Bermuda pursuant to sections 11 and 12 of the 1949 Act. However, Mr. Speaker, there is currently an unfortunate delay in issuing a death certificate when the notice of death, Form E, has not yet been received at the Registry General Department, where a medical practitioner or the coroner is reviewing a particular death and is not yet able to determine the cause of death. Mr. Speaker, just as an aside, I know this is a matter that has often brought a lot of confusion to people in that when persons are unable to get a certificate over time, they presumably believe that it is the fault of the Registrar and do not appreciate that the Registrar cannot issue a certificate until a number of other practitioners and persons involved with the legal process have done their work. The Registrar is not at the begin-ning of the process; they are at the end of the process of dealing with the passing of an individual. So people need to be perhaps more aware of that. Often thin gs happen, and I know that often people do not quite understand these processes. Mr. Speaker, when a cause of death cannot be determined or certified by a medical practitioner or the coroner, then the Form E is not received by the Registrar General, as neither the medical practitioner nor the coroner is prepared to sign off on notice of death. This was evident during particularly the COVID -19 pandemic when the Bermuda Hospitals Board directed their pathologists not to carry out a postpartum on a body that tested positive for the presence of the COVID -19 virus. This created an issue wher e there is a deceased person whose cause of death cannot be determined, as no medical practitioner would sign off stating the cause of death. Mr. Speaker, putting aside the emotional distress of losing a loved one, this issue can and does pose major complications in practical and legal aspects of managing the affairs of a deceased. It can potentially lead to delays, disputes or difficulties in assessing benefits and closing accounts, as well as management of other elements of a person’s estate. Mr. Speaker, this Bill seeks to address such challenges by permitting a medical practitioner or the coroner to complete a shortened notice of death when the cause of death cannot be determined. This shortened notice will enable a medical practitioner or the coroner to confirm that an individual is deceased without having to immediately identify the cause of death. Mr. Speaker, the Bill empowers the Registrar General after receipt of an abbreviated notice of death to issue a short form certificate of death. A short certificate of death is an abbreviated death certificate that will only include the facts of the death or demographics and not cause of death. In closing, Mr. Speaker, the Registration (Births and Deaths) Amendment Act 2024 is this Gov-ernment’s commitment to improve upon the vital registration services provided by introducing a short certificate of death to simply confirm a person is deceased and not to delay issuance of the certificate when the cause of death cannot be immediately determined. Mr. Speaker, I now move that the Bill entitled Registration (Births and Deaths) Amendment Act 2024 be read a second time.
The SpeakerThe SpeakerAre there any objections? None. Would any Member like to speak to that? MP Pearman.
Mr. Scott PearmanThank you, Mr. Speaker, and thank you to the Honourable Minister and Deputy Premier. A couple of questions on this, but it can be dealt with in Committee. But I would just flag a few points. Obviously the odd point is that only two sittings ago we had an amendment …
Thank you, Mr. Speaker, and thank you to the Honourable Minister and Deputy Premier. A couple of questions on this, but it can be dealt with in Committee. But I would just flag a few points. Obviously the odd point is that only two sittings ago we had an amendment in this area, and I am just curious why this is following on now when we am ended this two sittings ago. But that aside, we do understand that delays have been occasioned with death certifi-cates, and this is a matter of great frustration to the Bermudian population, and many people are having other matters held back by delays in t hese certificates, which of course can have knock -on effects in delays in probate and the like. And no doubt that is frustrating to those people who have already suffered the loss of a loved one. The questions —the two sort of high- level questions I have (although as I said they can be dealt with in Committee if you prefer, Minister) are (1) the short form is going to omit the reason for death, the cause of death. So the first question is, Will thi s in any way diminish our statistical capacity in that we are issuing certificates without the reason for the death on them? I do note that there is the word “initial” in the Bill. So is it envisaged that there will be effectively a two- step process with t he short form issued and then after which there will be a long firm issued? And the second over -arching question goes to (and I appreciate we can deal with this in Committee, but I thought I would flag it just here), I am just trying to get a grip on the process at clause 4 on page 2 of the 1238 17 May 2024 Official Hansard Report
Bermuda House of Assembly Bill. That refers to short form, Form E, paragraphs 1 through 5, which appears to differ from short form, Form F1, at clause 6 of the Bill. And I am just wondering why that distinction is and what the process looks like. So those are only two over -arching questions. And we have a few questions in Committee. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution? MP Foggo.
Ms. Lovitta F. FoggoYes, ever so briefly. Mr. Speaker, I just want to emphasise the gratitude for bringing this amendment to the House for consideration because not just during COVID -19, but we have seen many occasions where persons who are riddled with grief are not able to find closure because they are …
Yes, ever so briefly. Mr. Speaker, I just want to emphasise the gratitude for bringing this amendment to the House for consideration because not just during COVID -19, but we have seen many occasions where persons who are riddled with grief are not able to find closure because they are not able to in a timely manner get their death certificate. And I can speak personally to constituents who have gone through that experience to the point where they were not able to have a death certificate, almost losing their house and with hour s only, being able to say that after there was considerable intervention to the various parties who deal with the issuance of a death certificate. And I will say, by putting this process in place it allows the other processes to continue in the background. But it allows families to move on with having closure in terms of their having lost their loved ones. So I am grateful that this process has been put in place, and I am sure that many people with this new shortened version of a death certificate will be able to deal with the loss of their loved one, be able to find a good level of closure and be able to move on with business at hand once having been issued this shortened version of the death certificate. So I want to thank the Ministry for putting this type of process in place. And on that note, I will take my seat, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution? MP Jackson, you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker. I rise to my feet representing members of our community who really have had a very hard time getting a death certificate. And in many cases it does go back to COVID -19. And I guess one of the big lessons learned for our community in …
Thank you, Mr. Speaker. I rise to my feet representing members of our community who really have had a very hard time getting a death certificate. And in many cases it does go back to COVID -19. And I guess one of the big lessons learned for our community in general is that it is really important to have a relationship with your medical prac-titioner. Know your doctor, and make sure that your doctor knows you, because I do believe that that helps an awful lot. Certainly during the time of COVID -19, there were folks who may not have had that relationship with their doctor. And it made it very difficult for a doctor to sign off on a death certificate or a Form E with the cause, because they just did not have the history and the relationship with the patient. So that is a real lesson learned. And certainly the constituents whom I have spoken to acknowledge that it is important and it helps an awful lot if someone is known within the health community. The other piece for me is that there are folks who are in our community who are suffering through the delays of actually wanting to know why their family member passed away. And so the backlog has caused some additional stress on a family. So I guess my question to the Minister is, If we are able to execute on a short form and get the death certificate to a number of people who have been waiting for a long period of time, is this going to help to free up the coroner and the magistrate to be able to do some of the deeper -dive autopsies that are required for people who really do need to know right away what that cause of death is? So if the Minister might be able to give us a little information on that, it would be greatly appreciated. I am also not sure, Mr. Speaker, whether this is something that did occur during COVID -19 and during the pandemic, where there was an increase and a frequency of members who . . . (Excuse me. I lost my train of thought there. Somebody just walked across.) So my question is, Did this delay and high volume of requests for death certificates start during the pandemic when we did have an unusual number of people who wanted to get death certificates for the passing of their family members? Or has this always been the case that it has always been a relatively either slow or delayed process to get a death certificate? If that is the case, I guess my question to the Minister is, Will this short form death certificate be a permanent structure? Or are we at some point hoping that with volumes of deaths that we may then go back to a situation where the coroner will also gi ve a cause of death at the time that the death certificate is issued? That is it for me, Mr. Speaker.
The SpeakerThe SpeakerThank you. Would any other Member wish to make a contribution at this time? No other Member. Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. And thank you for the questions of Members. It is very much understood that this has been a rather sensitive issue for quite some …
Thank you. Would any other Member wish to make a contribution at this time? No other Member. Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. And thank you for the questions of Members. It is very much understood that this has been a rather sensitive issue for quite some time. And there has been work to find the efforts to resolve it because we appreciated, as the Registrar of deaths, that the byproducts of some issues have wider impact, as I detailed in my brief that it impacts the resolution by fami-lies and closure. It impacts real legal, constructive legal issues for individuals and families. The ability to settle an estate properly is often a serious issue. And the inability to do that can bring about hardship —emotional
Bermuda House of Assembly hardship, financial hardship and structural hardship on a number of levels. So this is an issue, particularly out of the experience of COVID -19 which created this circumstance of a volume of unresolved deaths, that a solution had to be found. So this is an effort, in keeping with the Throne Speech, in keeping with the Government’ s commitment, to create a solution. And this solution had to be worked out with lawyers, had to be worked out with certainly the medical community, certainly the Registrar, because just issuing the certificate is not the issue; it is the legal impact of an unresolved death and ultimately how that gets managed through a process. The certificate is a part of a process of dealing with a particular circumstance of the human experience. And there are other legal implications in that, and the certificate helps to resolve no matter what the circumstance may be of the death. But this is being done because of the obviously serious issues that arose particularly out of the circumstance of COV ID-19. But there have been [problems] in the past, so the question came up, Is this a part of a wider problem? Now, there have been problems in the past with the ability of persons to get a certificate. But again, the understanding should be, and we will do our best to further educate the public about this, that the certificate is issued after other parts of the process of dealing with the resolution of the demise of the individual is dealt with, with the medical aspects, with the coroner. And there may be other pieces there. It is only after all of these other things are solved, and often those things cannot be resolved and have not been able to resolve in other death circumstances. And we have seen the reports, Members, in the press where people have been waiting quite a bit of time to get a certificate. And in most cases, as I have researched, this is not the issue created by the Regis-trar. It is created by other aspects of the cir cumstance of that individual’s demise, unfortunate as it would have been to their family, their friends and others, that had not been properly resolved. It could be the fact that they died overseas. It could be other factors. It could be a number of things of which often come to the circumstances of a death. But those are issues that have to be resolved first before the Registrar gets the information to produce a certificate. And I can assure you, Mr. Speaker and Members of this House, once the Registrar gets the infor-mation that they need, within a very short period of time—and I argue they have seven to ten days maybe— they can issue a certificate in every circumstance. But t here are other parts of this. And often because of the emotions and the grief and often issues that necessarily cannot be made public, we find the circumstances have been created in the past. And we find where often years go by. And then we find reports in the media. And, you know, we have to deal with these issues with a level of sensitivity, Mr. Speaker, irrespective of how things may look. I do not care how angry they are or how grief - stricken they are, no one wants their family’s personal [issues] and the personal issues of their loved one splattered in the news. There is no one in this House who would want that irrespective of the circums tances you find or the irritation you find. So there is always an effort to be as delicate and as sensitive and as concerning with the circumstance. And I know this from my own interactions with the Registrar or circumstances that have been brought to my attention. The Registrar takes great care and takes this role very seriously on ensuring . . . because ultimately there are implications if things are not done right. There are legal implications that can actually cre-ate challenges for persons. Perhaps there are issues related to the estate that have nothing to do with the Registrar, nothing to do with other issues that without proper certification done in a proper way can create further challenges. But I will go back again. It was particularly the experience of COVID -19 that created the need because of the volume of these circumstances, the actual real circumstance that deaths, unfortunately because of the unique circumstances of COVID -19, were unresolved. So this certificate will help in ensuring that from a legal standpoint the process of dealing with the resolution of that estate can actually start properly. But also if at some point in the future the detail for the long form is actually completed, that can be issued as well. And this process will not interfere with that. But the short form brings some efficiency and conclusion to the process. With that, Mr. Speaker, I will take my seat and so we can go into Committee.
The SpeakerThe SpeakerThank you. Deputy. House in Committee at 12:28 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL REGISTRATION (BIRTHS AND DEATHS) AMENDMENT ACT 2024
The ChairmanChairmanHonourable Members, we are now in Committee of the whole for further consideration of the Bill entitled the Registration (Births and Deaths) Amendment Act 2024 . Minister, you have the floor. Hon. Walter H. Roban: Mr. Chairman, thank you very much. Mr. Chairman, I would like to move the clauses …
Honourable Members, we are now in Committee of the whole for further consideration of the Bill entitled the Registration (Births and Deaths) Amendment Act 2024 . Minister, you have the floor.
Hon. Walter H. Roban: Mr. Chairman, thank you very much. Mr. Chairman, I would like to move the clauses 1 through 8. Mr. Chairman, I do not know. I will take your guidance. It is 12:28. Perhaps we can adjourn for lunch. And would you like for me to get started? We can 1240 17 May 2024 Official Hansard Report
Bermuda House of Assembly adjourn and then we will start back at two? Are you comfortable with my making that move at this point?
The ChairmanChairmanWe will adjourn and return at two o’clock. Proceedings in Committee suspended at 12:2 9 pm Proceedings in Committee resumed at 2:02 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL REGISTRATION (BIRTHS AND DEATHS) AMENDMENT ACT 2024 [Continued]
The ChairmanChairmanGood afternoon, Members. I hope you all enjoyed your lunch and it was nutritious to you all. This is the resumption of the debate. We are in Committee and the Bill that we are debating is the Registration (Births and Deaths) Amendment [Act] 2024. In charge of the Bill is …
Good afternoon, Members. I hope you all enjoyed your lunch and it was nutritious to you all. This is the resumption of the debate. We are in Committee and the Bill that we are debating is the Registration (Births and Deaths) Amendment [Act] 2024. In charge of the Bill is the Deputy Premier and Minister Walter Roban, you have the floor.
Hon. Walter H. Roban: Thank you, Mr. Chairman, and thank you for your obliging. I will, if you will oblige me, move to reading the clauses and I wish to move clauses 1 through 8. The full —
The ChairmanChairmanAny objections? There appear to be none. Continue. Hon. Walter H. Roban: Thank you, Mr. Chairman. The Bill entitled the Registration (Births and Deaths) Amendment Act 2024 . T his Bill seeks to amend the Registration (Births and Deaths) Act 1949 to provide for the issuance of a short certificate …
Any objections? There appear to be none. Continue. Hon. Walter H. Roban: Thank you, Mr. Chairman. The Bill entitled the Registration (Births and Deaths) Amendment Act 2024 . T his Bill seeks to amend the Registration (Births and Deaths) Act 1949 to provide for the issuance of a short certificate of death by the Registrar General and to provide, in cases of delay, for an initial short form notification of [death ] to be given by a medical practitioner or coroner. Clause 1 provides the citation for the Bill. Clause 2 amends section 4 of the Act to include a short certificate of death as an entry for which a person may have delivered under hand and seal of the Registrar General. Clause 3 amends section 11(7) of the Act, which requires a medical practitioner or coroner to give notice of death to the Registrar General in Form E, to clarify that it applies notwithstanding new section 11A which enables an initial short form notification of death to be provided in cases of delay. Clause 4 inserts a new section 11A into the Act to modify the requirements of section 11(7) to allow an initial short form notification of death to be given to the Registrar General by a medical practitioner or coroner in certain cases, to alleviate any delay in the registration of death. The short form notice must be . . . the short form notice, excuse me, Mr. Chairman— The Chairman: Mm-hmm.
Hon. Walter H. Roban: The short form notice must include the name, the sex, home address and date of birth of the deceased and the date and place of death, but it does not require further details such as the cause of death or any morbid conditions. The section clarifies that in cases where an initial short form notification is given, the obligation imposed on the medical practitioner or coroner by section 11(7) to complete Form E within the period specified shall be read as being imposed as soon as reasonably practicable; and section 11(8) (offence of non- compliance) shall apply accordingly. Clause 5 amends section 12 of the Act, which relates to the registration of the death by the Registrar General, to include a reference to new section 11A and to provide that when a short form notice under section 11A precedes the completed Form E notice, such particulars are to be registered by the Registrar General and that the subsequent Form E particulars are to be added without any alteration to the original entry. Clause 6 amends the First Schedule to the Act by inserting a new Form F1 a Short Certificate of Death pursuant to section 4 of the Act as amended by clause 2. Clause 7 amends Head 67 of the Government Fees Regulations 1976 by providing for the issuance of a short form certificate of death and an accompanying fee of $25. Clause 8 provides for commencement and application of the Bill. Commencement is to occur on assent and a short form certificate of death or shortened notification of death may be applied in relation to deaths occurring before commencement. That is my presentation on all clauses, Mr. Chairman. The Chairman: Thank you, Minister. Are there any further speakers? The Chair recognises the Honourable Member Richard [sic] Pearman. Mr. Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Chairman. Thank you, Minister and Deputy Premier. As prefaced in the debate, there are a couple of high- level questions. If we look at clause 3, I am just really wondering about the practicalities of this. We have a Bill where the coroner and the medical practi-tioner …
Thank you, Mr. Chairman. Thank you, Minister and Deputy Premier. As prefaced in the debate, there are a couple of high- level questions. If we look at clause 3, I am just really wondering about the practicalities of this. We have a Bill where the coroner and the medical practi-tioner are going to complete a notification and they are going to provide that to the Registrar General and then it is the Registrar General who issues the certificate. Is that right?
Bermuda House of Assembly [Inaudible interjection]
The ChairmanChairmanYou may. Hon. Walter H. Roban: May I speak with your permission?
The ChairmanChairmanYes— Hon. Walter H. Roban: That is why I asked.
The ChairmanChairmanYes, that is okay. Hon. Walter H. Roban: As I presented with the clauses, clause 3 as articulated, “ Clause 3 amends section 11[ (7)] of the Act, which requires a medical practitioner or coroner to give notice of [the] death to the Registrar General in Form E, to clarify …
Yes, that is okay.
Hon. Walter H. Roban: As I presented with the clauses, clause 3 as articulated, “ Clause 3 amends section 11[ (7)] of the Act, which requires a medical practitioner or coroner to give notice of [the] death to the Registrar General in Form E, to clarify that it applies notwithstanding [the] new [section] 11A . . . .” I think I understand what the Honourable Member is trying to say and it can perhaps be confusing that the Form E is still the preeminent document. Still the preeminent document. We are creating facility so that, one, there is still going to be notice as per the Form E process but in order to facilitate and expedite —
The ChairmanChairmanI think the speaker asked who is going to give the certificate. Hon. Walter H. Roban: Well, it is the coroner . . . well, the information comes from the doctor, medical practitioner or the coroner to the Registrar. It is the Registrar that issues the certificate. Neither the coroner …
I think the speaker asked who is going to give the certificate.
Hon. Walter H. Roban: Well, it is the coroner . . . well, the information comes from the doctor, medical practitioner or the coroner to the Registrar. It is the Registrar that issues the certificate. Neither the coroner nor the practitioner issues any certificate. They have to give the information to facilitate the issuance of either certificate (the Form E or the new form that we are debating here) to the Registrar.
The ChairmanChairmanOkay. Hon. Walter H. Roban: That is the only person who has the power to issue a certificate.
The ChairmanChairmanThank you. Hon. Walter H. Roban: Not any of those other parties.
The ChairmanChairmanRight. Any further speakers? Mr. Pearman.
Mr. Scott PearmanThank you, Mr. Chairman. In relation to clause 4, Minister, the current position is there as he . . . we were just discussing, there is a Form E, and that is what exists now. And this amendment Act is implementing a new short form, Form F1 which can be …
Thank you, Mr. Chairman. In relation to clause 4, Minister, the current position is there as he . . . we were just discussing, there is a Form E, and that is what exists now. And this amendment Act is implementing a new short form, Form F1 which can be seen at clause 6. And my under-standing, Minister, is the reason that this is being done is to expedite delays that were happening because Form E had a lot more information that needed to be included whereas Form F1 that is being put in by this Bill, the short certificate of death, h as far fewer bits of information. Is that right?
Hon. Walter H. Roban: That is what I explained. It is a short form without some of the other particulars like the morbid condition, like the cause of death—whether it is a heart attack or whatever the medical term is for that or for an embolism (whatever the medical term is for that). It would just have the basic information because everyone who is in the process knows that somebody died. So it is being . . . this short form is done to . . . and we know that this . . . and I will go back again, Mr. Chairman, if you can oblige me. You know, certain unique circumstances created this as a very complicated problem. This short form is to . . . until those other issues can be resolved, those who need to facilitate the proper process of dealing with a death in a legal way have some legal instrument to do that in a condensed, simplified manner that all parties concerned can agree on, have agreed on.
The ChairmanChairmanThank you. Any further speakers? Mr. Pearman.
Mr. Scott PearmanThank you, Mr. Chairman, and thank you, Minister. So, Minister, the purpose (as I understand it) is to try to expedite delays. And the delays as you explained in your speech are in part owing to the fact that certain medical practitioners or coroner do not want to certify the …
Thank you, Mr. Chairman, and thank you, Minister. So, Minister, the purpose (as I understand it) is to try to expedite delays. And the delays as you explained in your speech are in part owing to the fact that certain medical practitioners or coroner do not want to certify the cause of death because of the COVID -19 situation. If we look at clause 4(2) and 4(3), we see the way it is going to be truncated and that is going to require at [clause] 4(2) a medical practitioner, or alternatively at [clause] 4(3) the coroner, to complete paragraphs 1 through 5 (inclusive) of Form E. Yes? And they will send that, completed, to the Registrar General who will then provide the short certificate of [death] t hat we see at clause 6 under Form F1. And that is the pro-cess, yes? [No audible response]
Mr. Scott PearmanThe Minister is nodding his head to confirm. The question I have is this: If you look at paragraphs 1 through 5 (inclusive) of Form E, and you compare them with clause 6 in Form F[1], the Form E that still has to be completed even truncatedly, paragraphs 1 through …
The Minister is nodding his head to confirm. The question I have is this: If you look at paragraphs 1 through 5 (inclusive) of Form E, and you compare them with clause 6 in Form F[1], the Form E that still has to be completed even truncatedly, paragraphs 1 through 5, still requires the doctors, medi cal practitioners or the coroner to insert a place of birth for the deceased. But that requirement doesn’t appear in Form F1, the certificate of death. Isn’t that going to delay matters if doctors or coroners have to figure out the place of birth of the deceased and wouldn’t it make more sense to just have the two marry up, the two procedures marry up? Because we are not putting place of 1242 17 May 2024 Official Hansard Report
Bermuda House of Assembly birth for the deceased into the certificate of death, the short form F1 at clause 6. So is it going to delay matters if medical practitioners or coroners have to figure out the place of birth of the deceased?
The ChairmanChairmanMinister. Hon. Walter H. Roban: Hello. I do not mind the question. I do not think it will because what we have de-scribed here is what practitioners and those who have to deal with these matters (whether it be the coroner, whether it be the undertaker, whether it be the …
Minister.
Hon. Walter H. Roban: Hello. I do not mind the question. I do not think it will because what we have de-scribed here is what practitioners and those who have to deal with these matters (whether it be the coroner, whether it be the undertaker, whether it be the medical practitioner, or some other person qualified there such) felt was important to have on handle for these types of matters. Because understand something is that even though the short form will be issued, ultimately the expectation is that there w ill be a resolution of further details around that person and then the much more extended version will be issued at a later time. Both those documents work in tandem. One is being used to facilitate . . . as you can see there is still the initial filling out of what is in the Form E initially is because the rest of the Form E cannot be completed. They then go bypass to the short form to facilitate the efficient completion. So the information that the, sort of, basic information that is in the Form E is stil l relevant to ensuring that ultimately in the long- term, because the form, the new form that is being created, is not in replacement thereof —
The ChairmanChairmanMm-hmm. Hon. Walter H. Roban: It will ultimately . . . you will have a long form certificate issued for a deceased person over time, once those issues of which cannot be resolved at that time, cannot be resolved . . . the expectation is that they will be with …
Mm-hmm.
Hon. Walter H. Roban: It will ultimately . . . you will have a long form certificate issued for a deceased person over time, once those issues of which cannot be resolved at that time, cannot be resolved . . . the expectation is that they will be with further examination or other resolutions being resolved. But this is to expedite a process that could, because of the unresolved issues, not end and we know what has been the byproduct of such.
Mr. Pearman.
Mr. Scott PearmanThank you, Minister. So my understanding of your answer is that notwithstanding that the short form death certificate doesn’t require a place of birth, we are still going to make the people filling in the preliminary form find out that information and fill it in. Wouldn’t it make more sense …
Thank you, Minister. So my understanding of your answer is that notwithstanding that the short form death certificate doesn’t require a place of birth, we are still going to make the people filling in the preliminary form find out that information and fill it in. Wouldn’t it make more sense just to have them marry up?
Hon. Walter H. Roban: I think I have given my answer to that, Mr. Chairman, that those documents work in tandem. One is not separate from the other. One is used to facilitate, to expedite, but still there is going to be reliance on ultimately that Form E being issued at some point in the future which has those requirements in it.
Mr. Pearman.
Mr. Scott PearmanYes, thank you, Mr. Chairman. Clause 6 —Minister, you have indicated that the purpose here is to produce the short form certificate of death that we see at clause 6. Are you confident that that short form certificate of death will satisfy probate requirements? Hon. Walter H. Roban: Yes, I …
Yes, thank you, Mr. Chairman. Clause 6 —Minister, you have indicated that the purpose here is to produce the short form certificate of death that we see at clause 6. Are you confident that that short form certificate of death will satisfy probate requirements?
Hon. Walter H. Roban: Yes, I am certain because it is with those persons in the community who specialise in these matters —whether it be with the hospital board, whether it be with the coroner’s office, whether it be with the undertakers who deal with these matters in a more ex pert way, and even I believe the bar (lawyers), are the ones who we have consulted and found comfort with what we are doing. And certainly the Attorney General’s Chambers as well. So comfort has been established for, like, the use of this mechanism, this process, by those who ultimately will be dealing with the processes thereafter. Long after anybody has filled out the documents.
The ChairmanChairmanAny further speakers? Mr. Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Chairman. I am not sure if the preamble has been moved. My question relates to the preamble.
The ChairmanChairmanOkay. Any further speakers? Minister. Hon. Walter H. Roban: Thank you, Mr. Chairman. I wish to confirm that we have moved clauses 1 through 8.
The ChairmanChairmanAny objections to clauses 1 through 8 being approved. There appear to be none. Approved. [Motion carried: Clauses 1 through 8 passed.] Hon. Walter H. Roban: I wish to move that the preamble be approved, Mr. Chairman. Bermuda House of Assembly The Chairman: It has been moved that the preamble …
Mr. Pearman.
Mr. Scott PearmanThank you, Mr. Chairman. Honourable Minister , in the preamble it indicates that the shortened notification of death will be an initial shortened notification of death and from your previous answer I just want to clarify my understanding. So someone will actually receive a short form death certif-icate and that …
Thank you, Mr. Chairman. Honourable Minister , in the preamble it indicates that the shortened notification of death will be an initial shortened notification of death and from your previous answer I just want to clarify my understanding. So someone will actually receive a short form death certif-icate and that at some later date, someone will receive a long form, Form E traditional death certificate, so people will in fact have two differing copies of the death certificate. Is that correct? Hon. Walter H. Roban: I would not . . . excuse me, Mr. Chairman, may I speak?
The ChairmanChairmanYes. Hon. Walter H. Roban: I wouldn’t use your word differing. One is the short form to facilitate. Ultimately the long form will be the preeminent document for all time. The short form is to facilitate the immediate needs that are required following the death and the estate and all …
Yes.
Hon. Walter H. Roban: I wouldn’t use your word differing. One is the short form to facilitate. Ultimately the long form will be the preeminent document for all time. The short form is to facilitate the immediate needs that are required following the death and the estate and all the matters that follow. But ulti mately in the end, because the expectation is that ultimately the matters which require the short form will be resolved and a long form will be issued, it will be placed on the appropriate file, certainly the short form will be there and it will be clear. That is why it is clear that we have made a distinction between what is the Form E and the Form F1, as it is referred to. Because we want people to know that they are clearly distinct and no one can c onfuse one for the other.
The ChairmanChairmanSo there are two forms to make the complete form. Form [F]1 and Form E, you said? Hon. Walter H. Roban: Yes. As we have created, we have created the short form which will also be a legal document as well.
Mr. Scott PearmanYes, thank you, to that answer, Mr. Chairman. Will the long form when issued subsequent to the short form then replace the short form? Or will they both be there in tandem?
The ChairmanChairmanMinister. Hon. Walter H. Roban: They will be both in tandem on the file.
Mr. Scott PearmanThank you for that [answer] as well. Do you have a timeframe between short form and how long you think the long form will take? Thank you. The Chairman: Mm-hmm. Hon. Walter H. Roban: I don’t think I can actually, at this point, give that answer. But as soon as …
Thank you for that [answer] as well. Do you have a timeframe between short form and how long you think the long form will take? Thank you. The Chairman: Mm-hmm.
Hon. Walter H. Roban: I don’t think I can actually, at this point, give that answer. But as soon as I get some more clarification from the Registrar, I will relay it to the Honourable Member .
Mr. Pearman.
Mr. Scott PearmanFinally, Mr. Chairman, Does the Minister know when this will come into effect? When will we start to see short forms?
The ChairmanChairmanThe commencement date. Hon. Walter H. Roban: Mr. Chairman —
The ChairmanChairmanYes— Hon. Walter H. Roban: As I said, commencement will start with assent. So, once this has passed, that pro-cess will be available for people to take advantage of.
The ChairmanChairmanI think he is asking for a time period, what you think. Hon. Walter H. Roban: Okay, I will confer if you just give me a moment. [Pause] Hon. Walter H. Roban: An estimate is in a matter of weeks, Mr. Chairman.
The ChairmanChairmanAny further speakers? [Do you] want to move the preamble? Hon. Walter H. Roban: Yes. I would like to complete moving the preamble.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There are none. Preamble is approved. Hon. Walter H. Roban: I move that the Bill be reported to the House as printed, Mr. Chairman.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Any objections to that? There appear to be none. The Bill will be reported to the House as printed. Mr. Speaker. [Motion carried: The Registration (Births and Deaths) Amendment Act 2024 was considered by a 1244 …
It has been moved that the Bill be reported to the House as printed. Any objections to that? There appear to be none. The Bill will be reported to the House as printed. Mr. Speaker.
[Motion carried: The Registration (Births and Deaths) Amendment Act 2024 was considered by a 1244 17 May 2024 Official Hansard Report
Bermuda House of Assembly Committee of the whole House and passed without amendment.]
House resumed at 2:22 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
REGISTRATION (BIRTHS AND DEATHS) AMENDMENT ACT 2024
The SpeakerThe SpeakerGood afternoon, Members. Are there any objections to the Bill entitled the Registration (Births and Deaths) Amendment Act 2024 being reported to the House as printed? There are none. The Bill has been reported. We will now move on to the next item, and with the indulgence of the House …
Good afternoon, Members. Are there any objections to the Bill entitled the Registration (Births and Deaths) Amendment Act 2024 being reported to the House as printed? There are none. The Bill has been reported. We will now move on to the next item, and with the indulgence of the House we are going to do [Order No.] 5 now instead of 3. [Order No.] 5 is the consideration of Tourism Investment (Hamilton Princess and Beach Club) Order 2024 and the Junior Minister for Tourism will be presenting. Minister.
DRAFT ORDER
TOURISM INVESTMENT (HAMILTON PRINCESS AND BEACH CLUB) ORDER 2024
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Mr. Speaker, I move that consideration be given the draft Order entitled the Tourism Investment (Hamilton Princess and Beach Club) Order 2024 pr oposed to be made by the Minister responsible for Tourism with the written agreement of the Minister of Fi-nance in exercise of the …
Thank you, Mr. Speaker. Mr. Speaker, I move that consideration be given the draft Order entitled the Tourism Investment (Hamilton Princess and Beach Club) Order 2024 pr oposed to be made by the Minister responsible for Tourism with the written agreement of the Minister of Fi-nance in exercise of the power conferred by section 5 of the Tourism Investment Act 2017.
The SpeakerThe SpeakerAre there any objections? There are none. Proceed.
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker . I move that the said draft Order . . . sorry. Mr. Speaker, I am pleased to invite this Honourable House to take this Order under consideration. Mr. Speaker, the application for Tourism Investment Act was submitted in respect of Phase IV of the redevelopment …
Thank you, Mr. Speaker . I move that the said draft Order . . . sorry. Mr. Speaker, I am pleased to invite this Honourable House to take this Order under consideration. Mr. Speaker, the application for Tourism Investment Act was submitted in respect of Phase IV of the redevelopment of the Hamilton Princess and Beach Club by Hamilton Properties Limited. The hotel was purchased from Global Hospitality Investments in 2012 by the renowned Bermudian family, the Green family. The Green family are the beneficial owners of Hamilton Properties Limited, a Bermuda company which was established in 2015. Mr. Speaker, the Green family has been based in Bermuda for over 70 years and has developed a long-term investment plan for the hotel based on their extensive knowledge of the Island. Further, Mr. Speaker, Hamilton Princess and Beach Club is sister properties to such as the Plaza in New York, the Fair-mont Copley Plaza in Boston and the Fairmont San Francisco. However, the Hamilton Princess continues to be the grande dame and the oldest member of the Fairmont Hotels and Resorts family. Mr. Speaker, you will recall that the Tourism Investment Act 2017 defines a new hotel as the redevel-opment of an operating hotel with estimated develop-ment costs of not less than 50 per cent of the appraised market of such hotel and expended over a period not exceeding three years. Mr. Speaker, in addition, Honourable Member s will note that the Tourism Investment Act 2017 was amended in 2023 to insert section 3(3) which reads, “When receiving an application for a new or refurbished hotel, the Minister may consider the planned estimated costs of the proposed development . . . not exceeding seven years before such application is made. ” Mr. Speaker, given this amendment, Hamilton Princess and Beach Club meets the criteria whereby the Minister can provide relief to Hamilton Princess and Beach Club as a new hotel. Mr. Speaker, Phase IV redevelopment of the Hamilton Princess Beach Club includes the recently completed renovations to the Harbourview Ballroom and Princess Rooms and Regency Terrace to bring the space in line with other renovations taking place at the hotel. In November 2024, the redevelopment of the Bermudiana Wing will commence, renovating the bedrooms that better suit the renovated and upgraded ho-tel. The completion date for the Bermudiana Wing is scheduled for the second quarter of 2025. Mr. Speaker, the total investment for Phase IV redevelopment of the hotel wing is $21.2 million. Mr. Speaker, Hamilton Princess and Beach Club is committed to the growth and development of its workplace and its workforce and will continue to provide financial and ongoing job training support thereby ensuring that there is an opportunity for all colleagues, specif ically Bermudians, who demonstrate a strong desire to make hospitality their career focus. Mr. Speaker, neither time nor space permit me to provide the full details of the training opportunities made available at the Hamilton Princess and Beach Club. However, Mr. Speaker, I must highlight a few. Namely, mixologist for the restaurant Intrepid, De'Javon Paynter , will be travelling this year for six weeks touring a few of the Fairmont properties in Asia. This experience will enable him to enhance the bar product offered at the hotel. Tah- mi Williams has been promoted to Assistant Ma îtri D’ to the 1609 [Bar &] Restaurant. And Jaquan Burrows is the new Housekeeping Manager. Mr. Speaker, Honourable Member s will note that the Hamilton Princess and Beach Club has been awarded the following terms of relief allowed by the leg-islation:
Bermuda House of Assembly • full relief from customs duty for 10 years from the operative date of the Order ; • full relief from the Bermuda hotel occupancy tax for 12 years from the hotel’s opening date; • full relief from the employer’s share of the payroll tax for 15 years from the hotel’s opening date; and • full exemption from the land tax for five years starting from the sixth anniversary of the hotel’s opening date. Mr. Speaker, Honourable Member s will note that the exemption from land tax is subject to the hotel confirming in years six through eleven that 70 per cent of the hotel’s staff must be Bermudian. Further, Mr. Speaker, exemption from the employer’s share of the payroll tax is subject to a management training pro-gramme for Bermudians verified by the Department of Workforce Development is in operation at the hotel. Mr. Speaker, the completion of Phase IV redevelopment will usher in numerous employment opportunities at the event space, including an updated Bermudiana wing. In the current economic climate the in-vestment in the redevelopment of the Hamilton Princess and Beach Club, a Bermuda landmark, will provide much needed invigoration of the tourism industry and the economy in general in Bermuda. Mr. Speaker, I am pleased to commend this Order for the support of this Honourable House. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Junior Minister. Does any other Member wish to make a contribution at this time? Opposition Whip, you have the floor.
Mr. L. Craig CannonierYou know, we have been down this road several times having seen this for sev-eral other hotels that have applied, and been successful in applying, for these concessions. And yes, the Junior Minister is correct that this provision since 2023 has come into effect. We want to give thanks to …
You know, we have been down this road several times having seen this for sev-eral other hotels that have applied, and been successful in applying, for these concessions. And yes, the Junior Minister is correct that this provision since 2023 has come into effect. We want to give thanks to the Greens for their dedication and their commitment to Bermuda under several administrations. So, we know that their commitment is to the product of improving Bermuda’s hotel industry and service industries and the likes. What I find interesting is that we have been through several of these concessions for many, many hotels and, you know, the premise for these concessions really came about for the Fairmont Southampton Hotel. We are still waiting to see something happen there, but we have these concessions where everyone else has taken advantage of them and we still . . . Why were they put in place? [For] the Fairmont. We still haven’t gotten anything done. And this is going on [for] years now. I am hoping that we have an announcement coming soon because, quite frankly, just about most of the hotels have already put in for these concessions which were really and truly established because of the situation that we do have at Fairmont Southampton. So, I am hoping that the Junior Minister . . . and I recognise that the substantive Minister from another place is here. [I am hoping] that we have some welcoming news coming soon. What can I say to these concessions? They are in place, you know. We are speaking . . . apparently the hotels that were already here, we are speaking their language, because they are taking advantage of it. But the new hotel that they are supposed to get up and going . . . I’m not sure we are speaking their language because it is not done. I t is not here. It is not happening. Maybe in another month or so, I don’t know. You know, you hear certain things. But as of right now, nothing is happening. I am very much . . . and I say it every time, we get up and speak to this here. I am very much concerned over the terms and conditions of this particular Order that we have in place, and that is clause 4, 70 per cent of the hotel’s staff are Bermudian (with these con-cessions) . Mr. Speaker, I have said it before and I am going to say it again. It is not going to happen. It just is not going to happen. They are already cannibalising on each other now, the hotels, in trying to find staff. So, it is going to be a few years before we get to the point whereby we can have 70 per cent. This clause is not making any sense. You know? Now, I mean, we have put other things in place with other Bills [that] we are willing to lock up people for. You know? These . . . they are not going to be able to fulfil this. It is just not going to happen. When you take into consideration the timeframe of these concessions, the number of people who have to be trained in these areas and, in addition to that, Fairmont Southampton co ming online . . . hopefully it comes online sometime soon. You know, where are all these people coming from? You are talking a bout another 500, supposedly 400 to 500 people just for Southampton! And if you talk to any of the hotel owners, they are really having a challenge keeping up. So, I know that there is work to be done. I recognise that this is a positive move for Bermuda. It is. It definitely is, but notwithstanding the fact that we still have some challenges in this industry in trying to get to where we need to get to. So, I hop e that we get to a point whereby this starts to happen. Unemployment and the likes is still a problem in Bermuda. Right? So, we need some . . . we need something to happen —
Hon. Jason Hayward: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER 1246 17 May 2024 Official Hansard Report Bermuda House of Assembly [Misleading] Hon. Jason Hayward: The Member is inadvertently misleading the House. Our unemployment rate was measured at 2.5 per cent. That is the lowest unemployment rate since 1980. And so we cannot say …
Point of order.
POINT OF ORDER 1246 17 May 2024 Official Hansard Report
Bermuda House of Assembly [Misleading]
Hon. Jason Hayward: The Member is inadvertently misleading the House. Our unemployment rate was measured at 2.5 per cent. That is the lowest unemployment rate since 1980. And so we cannot say that unemployment is still a challenge. The second statement that was misleading is about the 70 per cent in the hotels in Bermuda. We have passed that benchmark. And that is the current benchmark of 70 per cent Bermudian. There may not be 70 per cent in the restaurants, but certainly when you talk about the back office staff, the room keeping staff and all the other support staff within the hotel, it is certainly 70 per cent Bermudian.
The SpeakerThe SpeakerThank you. Member, be mindful of the interjection from the Minister.
Mr. L. Craig CannonierYes, thank you. Thank you, thank you. And I would admonish the Minister who just [stood] up and gave a clarification on a point to really think about what he is saying right now. The truth is that we are not at that. He can say that we are at …
Yes, thank you. Thank you, thank you. And I would admonish the Minister who just [stood] up and gave a clarification on a point to really think about what he is saying right now. The truth is that we are not at that. He can say that we are at 70 per cent, but what he is doing is segmenting. Oh, we are at 70 per cent here or there. As an industry we are not at 70 per cent. So where are all these people coming from? They are not coming from Bermudians? Where are they coming from? For the hotels right now, go to a hotel owner right now and ask him how they are making out with their staffing.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Hubert (Kim) E. SwanYes, the Shadow Minister made a statement that we are not there. But I can tell you that the Hamilton Princess —which is the . . . the Order is about Hamilton Princess not Southampton Princess, by the way. (Just for anybody who might be listening.) But in 2020, Hamilton …
Yes, the Shadow Minister made a statement that we are not there. But I can tell you that the Hamilton Princess —which is the . . . the Order is about Hamilton Princess not Southampton Princess, by the way. (Just for anybody who might be listening.) But in 2020, Hamilton Princess had 71 per cent Bermudian. In 2021, Hamilton Princess had 73 per cent Bermudian. In 2024, [it was] 70 per cent.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanSo, Mr. Speaker, it is . . . we are dealing with the Hamilton Princess Order.
An Hon. Member An Hon. MemberCorrect.
Mr. Hubert (Kim) E. SwanI can understand the Shadow Minister is using the opportunity to make some political points.
The SpeakerThe SpeakerMember, just be mindful again of . . . we will want to believe that what the Junior Minister just provided was factual information.
The SpeakerThe SpeakerI would ask you just to be mindful of that.
Mr. L. Craig CannonierAnd as a clarification, what I was speaking to was the industry across the board. I said that I have spoken to several other hotels in the 70 per cent category and not one of them has gotten up to say [that] anyone else, other than Hamilton Princess, has this. …
Mr. L. Craig CannonierWhere are the people coming from? So, that is my point. So, I thank them for the clarification on Hamilton Princess, but as an industry that is what I was talking about. So they can get exercised if they want. All I am saying is that it is going to …
Where are the people coming from? So, that is my point. So, I thank them for the clarification on Hamilton Princess, but as an industry that is what I was talking about. So they can get exercised if they want. All I am saying is that it is going to be difficult to fulfil that throughout the industry. Period. T hroughout the industry it is going to be difficult.
[Inaudible interjections]
Mr. L. Craig CannonierSo if the Government does not wish to see the reality in where we are with this particular situation, yes, you can throw out. And it is clear. If the public is listening, Oh, well, we got 70 per cent in this category and that category. It speaks for itself. …
An Hon. Member An Hon. MemberWhere is your source?
Mr. L. Craig CannonierSo, we are glad that the Greens are going ahead. I . . . we . . . I would ask him. Where does his source come from? I am still waiting for them, Mr. Speaker —
Mr. L. Craig Cannonier—to tell me about all the other hotels and their occupancy. Tell me! If I am wrong — Bermuda House of Assembly [Inaudible interjections]
Mr. L. Craig CannonierIf I am wrong, tell me about the other hotels. [Inaudible interjections]
Mr. L. Craig CannonierWe are talking about the industry . Hamilton Princess is a part of an industry and that is what we are speaking to. They can interpolate all they want. Give me some facts about the other hotels, then. Give me some facts! You have none. So, with that in mind …
Mr. L. Craig CannonierYes, it is coming. Just like it is zero per cent, or . . . let’s just say this here. It is 100 per cent unemployment at Fairmont Southampton.
An Hon. Member An Hon. MemberOh! Oh!
Mr. L. Craig CannonierIt has not happened and it has been years. We were promised over and over. [Inaudible interjections]
An Hon. Member An Hon. MemberIt is happening.
Mr. L. Craig CannonierIt is happening. It is happening. Yes, everything is coming. Christmas is coming. New Year’s is coming. May 24 is coming. It is all coming. And an election is coming.
An Hon. Member An Hon. MemberHmmm.
Mr. L. Craig CannonierAnd an election is coming. So, let’s have it. Call the election so we can get some facts. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker, I take exception to some of the comments that the previous speaker made. We probably will not make 70 per cent down at St. Regis because you can understand that the former Government gave them 100, I think …
Thank you. Deputy Speaker.
Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker, I take exception to some of the comments that the previous speaker made. We probably will not make 70 per cent down at St. Regis because you can understand that the former Government gave them 100, I think 120 or 130odd work permits —
[Inaudible interjections] Hon. Derrick V. Burgess, Sr.: —in any category.
An Hon. Member An Hon. MemberAt least they are open. Hon. Derrick V. Burgess, Sr.: So, we will not make 70 per cent down there.
An Hon. Member An Hon. MemberIt’s politics. Hon. Derrick V. Burgess, Sr.: And this Bill that we are discussing is about Hamilton Princess.
An Hon. Member An Hon. MemberThank you. Hon. Derrick V. Burgess, Sr.: And the Princess’s in both their histories, both hotels in their history always had above 70 per cent.
An Hon. Member An Hon. MemberYes. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. [Desk thumping]
Mr. Wayne CainesI think oftentimes we forget that we are actually on the same side. Sometimes we have the opportunity to highlight some things that we are doing well. Sometimes we have the opportunity to say these are things and the ways that they can be tweaked. I think we need to …
I think oftentimes we forget that we are actually on the same side. Sometimes we have the opportunity to highlight some things that we are doing well. Sometimes we have the opportunity to say these are things and the ways that they can be tweaked. I think we need to take all of the emotion out of this particular debate and we need to take all of the hyperbole out of the debate and look at this clinically. Now, you will hear no one in this room say that there are no employment challenges in Bermuda. We have a responsibility. That is to look at the landscape in Bermuda to pass legislation in specific areas to do things. Whether it is in medicine, whether it i s in health care, whether it is in law, we have to look at the prom-ises that we have made to Bermuda. We have to keep an agenda and we have to look at how we take our country forward. You heard from the Junior Minister [about] some legislation that we are tabling and discussing today that we should be proud of. We look at our country. We look at all the hotels over the last 25 years that have closed. Over 32 different hotels! We have looked at [what] people say, that Bermuda is not a good place to invest money . Some would say that the Opposition in previous years said, Make it easier for our people to invest in Bermuda. Make it an opportunity where people can say this is a good place to receive the proper return on the investment. But what we are saying is that this Act makes it easier for people to invest and see 1248 17 May 2024 Official Hansard Report
Bermuda House of Assembly return on their investment in the Hamilton Princess. I think it is a good thing for a number of reasons. Why? Because it allows them to look at specific parts and make specific investments in Bermuda. So, the Minister has said that when receiving an application for a new or refurbished hotel, the Minister may consider the planned estimate of costs that are proposed and not exceeding the seven years for such which the application is made. So the Minister is not just doing something that is willy -nilly. He has the opportunity to look at the hotel’s needs, look at the invest-ment they are in. We can look at Hamilton Princess. So, when somebody says, Let’s talk about this Act. Are the Greens . . . is Hamilton Princess a place [that] this leverage or this opportunity should be given to? Well, let’s look at the investment that they have made in the prop-erty. Let’s look at what they have done over the years. The Minister has said that after considering all of the circumstances this is indeed an enterprise that should be given this concession. When we are talking about concessions, the Minister of Labour said that the statistics (what we were saying about Bermuda) were wrong. He was not saying that because he was being antagonistic. He was saying that he is a purveyor in statistics; he is a stat istician. He is saying that there are specific things that have been done . If you are saying that we are below the 70 per cent, he simply rose to his feet to say (no matter who is getting angry) that that is incorrect. The 70 per cent criterion is being met at the Hamilton Princess. That is nothing to be angry about. That is nothing to make this a political discourse. We are legislators. And facts, figures and statistics are the keys, and they are the elements of our trade. This Minister, when challenged to the point, rose to his feet disputed and debunked something that was being said—that Hamilton Princess did not hav e the 70 per cent —
[Inaudible interjection]
Mr. Wayne CainesIf we can scream from our seats, please let me know if the rules have changed, Mr. Speaker. [Laughter]
The SpeakerThe SpeakerSpeak to the Chair. You are all right. Speak to the Chair.
Mr. Scott PearmanPoint of order, Mr. Speaker. POINT OF ORDER [Misleading]
Mr. Scott PearmanThe honourable speaker at the moment is misleading the House. MP Cannonier did not say the Hamilton Princess. He said industry -wide. Thank you.
Mr. Wayne CainesI stand to be corrected. And I thank the learned Member for his intervention. [Inaudible interjections]
Mr. Wayne CainesI think it is most important for us to understand that we have a country and as much as we want to blame things and put it at the feet of the people in this room, this country . . . for a number of years, when we are talking …
I think it is most important for us to understand that we have a country and as much as we want to blame things and put it at the feet of the people in this room, this country . . . for a number of years, when we are talking about people in this industry, we had a big industry that we all pushed. International busi-ness, finance. The Bible says, Show me what you treasure, and I will show you where your heart is. We did not invest in our tourism industry — Bermuda Incorporated. Now we are coming back as a tourist industry and we are saying that now we need to have a 360 approach to getting tourists back in this country. We have the BTA [Bermuda Tourism Authority]. They have a mandate. They have a leadership team. And let’s keep that going in the right direction.
An Hon. Member An Hon. MemberThey ain’t got no money.
Mr. Wayne CainesNow we are saying we need and we have to get investment coming into Bermuda. We are saying now these are the investments that we are doing. We look down to the countries in the Caribbean. How are they going with this investment? We know they have similar legislation that …
Now we are saying we need and we have to get investment coming into Bermuda. We are saying now these are the investments that we are doing. We look down to the countries in the Caribbean. How are they going with this investment? We know they have similar legislation that is allowing them to get this investment. We are now doing the same in Bermuda. What we have to do . . . instead of looking to point the finger we have to say, How does Bermuda get more of our young people involved in the tourism trade? That, Mr. Speaker, is the question. That is where we must put all of our effort. That is where we must put all of our energy. Because I would agree, we are not out of the woods with employment. But this is a step in the right direction. So, many times people saw being in the tourism industry . . . you went in . . . Dr. Ewert Brown coined this phrase, this analogy, that you can go in and you had a trade. And that is as far as you can go up. So, most of our young people saw that as an indus try as noble. All of us had the opportunity to be in that industry. But they chose other industries. Now we want to give them the opportunity to be in HR, to be in business, to be in engineering in the hotel industry, to be a captain. They are all noble pr ofessions. But what we are saying is that as a country we have to look at this differently. Do not throw out the legislation. Do not say it is not fit -for-purpose because our tourism industry is not where we want it to be. Let’s get it to where we need it to be. But let’s talk about what we are doing as a country to help in this industry. Again, facts and figures and examples are important.
Bermuda House of Assembly Anchor[BDA]! What is Anchor[BDA]? That is where the BTA is leading training to get young people coming into this industry and then going and joining the hotel industry. There have been courses that have been led in conjunction with Workforce Development to get housekeepers and chambermaids into the tourism industry. There are plans and programmes with the hotels—Hamilton Princess specifically —training young bartenders to come and join the industry. So, if this was just a flight of fancy, if this was just us saying a stool cannot stand on two legs . . . we are saying [that] you have to have the tourism investment. That is correct. We are going in the right direc-tion. We have to have hotels that invest in their product, that make the rooms better, make it first class so people want to come and stay. Hamilton Princess i s saying, I am doing that, or , We are doing that. We need the help and the investment. That is part two. Now, Bermuda Incorporated and the Government and the BTA are saying, We are going to continue to invest in training and developing Bermudians. The fourth part to that [which] we need to work with is that we now need to show our young people that there are opportunities in tourism, that there are education opportunities that are being made available for them, and that together we can make this a s olid, legitimate opportunity for all Bermudians. This [draft Order] is good for Bermuda. It is good for tourism. It allows us to compete with other jurisdictions. We are going in the right direction. We can call everything else out. We cannot do this in this [draft Order]. Sometimes we are responsible for what we have in front of us. Today we have a solid piece of legislation. We need to support it and we need to do eve-rything in our power to make our tourism product stronger. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, MP Caines. MP Famous, would you like to make a contribution at this time?
Mr. Christopher FamousYes, Mr. Speaker. Good afternoon to you. Excuse me for not — [Inaudible interjections]
Mr. Christopher FamousExcuse me for not being here at the morning session, but I was working until 8:05 and I had to get some rest. [Inaudible interjections]
Mr. Christopher FamousRemember that on my payday. [Laughter] Mr. Christopher Famous: Mr. Speaker, often we have these (what [do] they call that?) . . . fables. Right? Fables?
An Hon. Member An Hon. MemberMm-hmm. Another Hon. Member: Stories.
Mr. Christopher FamousStories. Some are true; some are not. Some are relevant. And there is this fable called the Tortoise and the Hare. [Inaudible interjections]
Mr. Christopher FamousYou are hearing the Tortoise and the Hare? So anyway, we all know the story. The hare thought he was fast. He slowed down. The tortoise caught him up and kept going and beat him. So, Mr. Speaker, I think maybe one or two people who are sitting in this …
You are hearing the Tortoise and the Hare? So anyway, we all know the story. The hare thought he was fast. He slowed down. The tortoise caught him up and kept going and beat him. So, Mr. Speaker, I think maybe one or two people who are sitting in this House may have been around when we started our tourism industry back in 1940something. So from 1940 to 1980- ish tourism was king. And then along came the UBP saying Let’s change direction. (Led by . . . hmm . . . you all can figure out who it was led by.) Let’s change direction. Let’s put tourism aside. And our cousins (biologically) to the south said, Hey, those guys have a good idea. Let’s take it up, guys. We actually got more land than them. We could offer concessions. We have got more beaches. And they caught us up and they have surpassed us. They are now the hare. We are now the tor-toise. So I say to my cousin up front there . . . Well, he used to be up front but he is back now.
[Inaudible interjections]
Mr. Christopher FamousThe fact of the matter is [that] it was the UBP who destroyed the narrative that tourism is good. Yes! Yes, indeed, because we were not the Government when we put tourism aside. So we are the Government now and we are investing in tourism. We are looking at the …
The fact of the matter is [that] it was the UBP who destroyed the narrative that tourism is good. Yes! Yes, indeed, because we were not the Government when we put tourism aside. So we are the Government now and we are investing in tourism. We are looking at the models at what our cousins in the south are successfully doing. Some of us have offices down in the south, Mr. Speaker, so [we] know what is going on.
Mr. Christopher FamousYou want to apologise again today? Talk to the Chair. [Laughter] 1250 17 May 2024 Official Hansard Report Bermuda House of Assembly The Speaker: Direct the comments here. The floor is yours, Mr. Famous. Mr. Famous —
Mr. Christopher FamousThe fact of the matter . . . if we do not have 70 per cent industry -wide is a reflection on every one of us in this House, not any given party. Every one of us in this House, [for] the last few gener-ations, has turned their back [on] …
The fact of the matter . . . if we do not have 70 per cent industry -wide is a reflection on every one of us in this House, not any given party. Every one of us in this House, [for] the last few gener-ations, has turned their back [on] tourism as being our primary industry. And we have to be honest, not just with the people, but most of all with ourselves. So, should we lower the bar and say, Well, just make it be 30 per cent Bermudians. And then the next is it is only going to be 25 per cent. If we say 70 per cent and 65 per cent are there, great! I do not understand why persons have an issue with that. I don’t.
[Inaudible interjections]
Mr. Christopher FamousThe fact of the matter, Mr. Speaker, is that this Government, led by several tourism Ministers, led by several BTA chairs, have insisted that we start investing in our people getting back into tourism, hospitality. Not just as waiters. Not just as bar-tenders. But as we see in the Hamilton …
The fact of the matter, Mr. Speaker, is that this Government, led by several tourism Ministers, led by several BTA chairs, have insisted that we start investing in our people getting back into tourism, hospitality. Not just as waiters. Not just as bar-tenders. But as we see in the Hamilton Princess, managers! One of my younger cousins was spoken about earlier, Tah- Mi Williams, maître d’ at 1609 [ Bar & Restaurant]. Mr. [Jaquan] Burrows head of housekeeping. Shawn Lekki, head of food and beverage. Was that happening under previous administrations? I don’t know. But I know it is happening now. So I say to the substantive Minister, the Junior Minister, all the staff in . . . not just tourism, the BTA, or Workforce Development, we all have a job here. It is not just to pass legislation. But it is to change the nar-rative. Not just about hospitality. In the industry I work in, we are losing Bermudians. They are retiring. We do not have enough young Bermudians [who] want to get into trades. Yes, FinTech is cool. Other things are cool. Insurance is cool. But unless we get more of our people in trades, you are going to keep seeing people coming from other countries, where some people are saying they should get less than minimum wage, Mr. Speaker. So, I say to those who crafted this [draft Order], and those who, more importantly, are working in hospitality, and those who are thinking about getting into hospitality, let us stop being the tortoise. We now need to be the hare. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Famous. Does any other Member wish to make a contribution at this time? None other . . . Minister Campbell. Hon. Vance Campbell: Thank you, Mr. Speaker. Mr. Speaker, I support the Hamilton Princess’s application for a Tourism Investment Order under the Tourism Investment Act 2017, as …
Thank you, MP Famous. Does any other Member wish to make a contribution at this time? None other . . . Minister Campbell. Hon. Vance Campbell: Thank you, Mr. Speaker. Mr. Speaker, I support the Hamilton Princess’s application for a Tourism Investment Order under the Tourism Investment Act 2017, as amended in 2023. But before I go any further, Mr. Speaker, I must mention that there is no provision in the Tourism Investment Act 2017, as amended in 2023, that allows for an industry application.
[Laughter]
Mr. L. Craig CannonierAnd we wonder why we are having problems. Hon. Vance Campbell: Any hotel that has an interest in taking advantage of the provisions and the conces-sions offered under that Act has to make an application that is specific to their operations. So they are looked at individually as to whether …
And we wonder why we are having problems. Hon. Vance Campbell: Any hotel that has an interest in taking advantage of the provisions and the conces-sions offered under that Act has to make an application that is specific to their operations. So they are looked at individually as to whether they meet the criteria as outlined in the Act. They are not looked at as an industry. There is no such thing as an industry application.
[Inaudible interjections]
Hon. Vance Campbell: The concessions are for the industry, but each hotel within the industry has to make a separate application and it is vetted on an individual basis.
An Hon. Member An Hon. MemberHotel by hotel basis. Hon. Vance Campbell: Hotel by hotel. Also, Mr. Speaker, there is no provision in the Tourism Investment Act 2017, as amended in 2023, that says the 70 per cent has to be evenly distributed across departments within the hotel. As long as the overall percentage of …
Hotel by hotel basis. Hon. Vance Campbell: Hotel by hotel. Also, Mr. Speaker, there is no provision in the Tourism Investment Act 2017, as amended in 2023, that says the 70 per cent has to be evenly distributed across departments within the hotel. As long as the overall percentage of Bermudian employees is 70 per cent they qualify for that particular concession. There is no such thing as a provision in the Act that allows or calls for or says the 70 per cent must be evenly distributed. That is nonsense. It is nonsense to talk about 70 per cent across the industry when the industry cannot make an application.
Bermuda House of Assembly Mr. L. Craig Cannonier: You are missing the whole point.
Hon. Vance Campbell: I am not missing the whole point. You missed the whole point.
The SpeakerThe SpeakerKeep your conversation this way, gentlemen. POINT OF ORDER [Misleading]
Mr. L. Craig CannonierUnfortunately, Mr. Speaker, the Honourable Member is misleading the House. We never intimated, as such, 70 per cent across the industry. We mentioned specific hotels. Never said across the industry. It was difficult for a hotel to get 70 per cent. Not acr oss the industry.
An Hon. Member An Hon. MemberThat is what you said.
Mr. L. Craig CannonierNo one said that. [Inaudible interjections] Hon. Vance Campbell: Mr. Speaker, we all heard what he said. His colleague sitting right next to him reinforced what he said. [Inaudible interjections] Hon. Vance Campbell: Which was he was talking about the industry as a whole.
An Hon. Member An Hon. MemberThat is what he said. Hon. Vance Campbell: That is what he said. And those listening in in the public domain, they heard it as well. [Inaudible interjections] Hon. Vance Campbell: They heard it as well. I am a little excited. [Inaudible interjection] Hon. Vance Campbell: No, I am not …
The SpeakerThe SpeakerAh! Ah! Ah! Hon. Vance Campbell: But at least I read the legislation—
The SpeakerThe SpeakerDirect your conversation this way. Gentlemen, don’t get involved in an exchange back and forth. Hon. Vance Campbell: So, in 2023, this Government saw the wisdom in amending the Tourism Investment Act 2017 to increase the timeframe that the concessions were available for under the Act, from 10 years to …
Direct your conversation this way. Gentlemen, don’t get involved in an exchange back and forth. Hon. Vance Campbell: So, in 2023, this Government saw the wisdom in amending the Tourism Investment Act 2017 to increase the timeframe that the concessions were available for under the Act, from 10 years to 15. Why? To make us more competitive, to attract that investment that was required to revive our physical plants, our physical product, improve our offerings so that we can be more competitive with those further to our south, in particular. We have seen hotels take advantage of that, on an individual by individual basis.
[Inaudible interjections]
Hon. Vance Campbell: Not a . . . not a . . . not an application.
[Inaudible interjection]
Hon. Vance Campbell: Yes, we had a special Act.
The SpeakerThe SpeakerSpeak this way. Hon. Vance Campbell: Mr. Speaker, we had a special Act for the Fairmont Southampton. Just like we have a special Act for that hotel called St. Regis, or, as the Act would call it, the Hotelco. [Inaudible interjection] Hon. Vance Campbell: Done by the OBA, yes. So, …
Speak this way.
Hon. Vance Campbell: Mr. Speaker, we had a special Act for the Fairmont Southampton. Just like we have a special Act for that hotel called St. Regis, or, as the Act would call it, the Hotelco. [Inaudible interjection]
Hon. Vance Campbell: Done by the OBA, yes. So, you can’t do one, a special Act, offering concessions greater than what was on offer at the time. And then complain when we do it for the Fairmont Southampton.
[Inaudible interjection]
The SpeakerThe SpeakerMember! Hon. Vance Campbell: So we have the Cambridge Beaches, which took advantage. They are open! We have the Ariel Sands . . . took advantage along with the Ariel Sands [sic]. And all those complaining of that, they are open!
An Hon. Member An Hon. MemberAzura? Hon. Vance Campbell: Azura. That’s what I meant. I said Ariel Sands, but I meant Azura. Thank you for that correction. [Crosstalk ] 1252 17 May 2024 Official Hansard Report Bermuda House of Assembly Hon. Vance Campbell: So the changes that the Government made in 2023 are bearing fruit. …
Azura?
Hon. Vance Campbell: Azura. That’s what I meant. I said Ariel Sands, but I meant Azura. Thank you for that correction.
[Crosstalk ]
1252 17 May 2024 Official Hansard Report
Bermuda House of Assembly Hon. Vance Campbell: So the changes that the Government made in 2023 are bearing fruit. We see the fruit of those changes. Now, Mr. Speaker, the Green family has owned the Princess, as was stated, since 2012. Since then they have invested steadily, substantially upgrading the facility with the goal of producing a world- class product which aligns with the Government’s vision f or the future of tourism in this Island. Had the Greens not made this investment, Mr. Speaker, there would not be a location on Island to hold indoor receptions, confer-ences and functions for medium- sized groups. Such an occasion is the annual Bermuda Risk Summit. We would not be able to host that if it were not for the in-vestment made by the Greens under the Act amended by this Government. And, as a result of that investment, Mr. Speaker, the hotel has received regional and international recognition during the past few years. I think they were on the list of best island hotels, and the top 25 historic hotels worldwide. This, Mr. Speaker, is no coincidence. The investment to upgrade led to a modernisation of the hotel’s offerings which has made it more appealing and competitive. Mr. Speaker, I can attest to the hotel’s keen interest in training Bermudians. Mr. Williams and Mr. Burrows were mentioned earlier. I had the pleasure of going to their graduation when they finished the Prin-cess’s internal management trainee programme. And I am made to understand there is another cohort currently going through the management trainee pro-gramme, which is an 18- month programme. They are interested in Bermudians not only joining or coming back to the industry, they are interested in training t hem so that they can aspire to the upper echelons of management. Mr. Speaker, the hotel is a hub of activity both night and day. Their restaurants and food and beverage outlets are buzzing. Their convention rooms are full on a regular basis with both tourists and locals alike. Mr. Speaker, this Tourism Investment Order is consistent and in alignment with the provisions of the Tourism Investment Act 2017, and I support the granting of these concessions to the Hamilton Princess. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? None other. Junior Minister.
Mr. Hubert (Kim) E. SwanYes, thank you, Mr. Speaker. I rise at this time to note that not many questions — [Laughter]
Mr. Hubert (Kim) E. Swan—were posed, so I will say this: There seems to be definitely universal support for the Tourism Investment (Hamilton Princess and Beach Club) Order 2024, Mr. Speaker, that was presented today. There were by the Shadow Minister a couple of points worth mentioning in this formal wrap- up. And I …
—were posed, so I will say this: There seems to be definitely universal support for the Tourism Investment (Hamilton Princess and Beach Club) Order 2024, Mr. Speaker, that was presented today. There were by the Shadow Minister a couple of points worth mentioning in this formal wrap- up. And I will reiterate the fact that as it relates to the Hamilton Princess and the concessions and the commitment to Bermudians, 71 per cent of their staff were B ermudian in 2020. In 2021, [there was] 73 per cent. In 2024, [there was] 70 per cent. And the projection for 2025 to 2028 is 71 per cent. It is also important to note, as it relates to the Hamilton Princess and Beach Club Investment Act, that in Phase IV, the total of all phases would be $160.4 million. And I will pause there to say (as I acknowledge the presence of the Minister, Senator the Honourable Owen Darrell, who sits in another place, and the Permanent Secretary, as this Investment Act has already passed through another place) that on this the 25 th anniversary of what concessions Acts are, it certainly speaks to the difference between the commitment to putting in place mechanisms that encourage more businesses in the hospitality industry to look at investing in their properties and by doing so invest in Bermudians. And I thought it not robbery that someone as senior as the Deputy Speaker, whose trade has been long in the hospitality industry —long before my 50 years he was in there (not to shed any light that he might be a little bit older than me, but is experienced with hotels such as Coral Beach where he was a general manager at one point in time) . . . A lot of people . . . Coral Island, I might say, down in Flatts —
[Inaudible interjections]
An Hon. Member An Hon. MemberCoral Beach? Wait a minute.
Mr. Hubert (Kim) E. SwanCoral Island. He could at Coral Beach, but he was at Coral Island. But it is what, now? It is a private residence. Yes. And places like Belmont Manor, [when] I grew up 50 years ago, is a private residence. And places like Palmetto Bay, where I used to frequent …
Coral Island. He could at Coral Beach, but he was at Coral Island. But it is what, now? It is a private residence. Yes. And places like Belmont Manor, [when] I grew up 50 years ago, is a private residence. And places like Palmetto Bay, where I used to frequent for a nice lunch down there with Mr. Amaral, is what? A private residence. And there are many more. I could name t hem, Mr. Speaker. Waterloo House, for instance, beautiful, quaint little place in the City of Hamilton. Private residence. And you know Bermudiana houses what transi-tioned away from being hospitality toward reinsurance which has a hospitality component. A lot of people do not realise that people who work in reinsurance are doing a lot of the same things that we have to do, service customers, provide service and the like. And on that, let me just say, as other Members like Mr. Famous had mentioned, you know, when I heard the name Jaquan Burrows, I watched Jaquan Burrows at Port Royal some 10 years ago being an
Bermuda House of Assembly apprentice and being encouraged by the late Mr. Greg Maybury to get further involved in the hospitality industry. I looked at pride when he did work at Coral Beach. And he came up to share. And there are others like him too, young Bermudians who are doing that. Why? Because 25 years ago concessions came about with whom? The late David Allen.
An Hon. Member An Hon. MemberHmmm.
Mr. Hubert (Kim) E. SwanSo the mind- set between the closures over those properties to transition away from the many 12,000 beds that we had in this country did not happen overnight. It happened with a change in mind -set away from tourism toward international company business that allowed persons to look at their …
So the mind- set between the closures over those properties to transition away from the many 12,000 beds that we had in this country did not happen overnight. It happened with a change in mind -set away from tourism toward international company business that allowed persons to look at their for-tunes and their properties going in another direction. We are trying to change that out. Why? Because hospitality hires a greater number of Bermudians. And whilst the GDP does not reflect it when you look at the statistics, you can look at the number of Bermudians who are employed in great numbers in the hospitality industry and other industries that tag along to the hospitality industry. Persons in the f ood business and the suppliers. Persons who have restaurants as well. And the Minister would tell you, as he said time and time again both in another place and on radio, that the concessions are not just limited to hotels. Even other entities can look at o pportunities to get . . . but it is like it is on a case -by-case basis. It is just like those of you, and I know the Shadow Minister knows a little bit more about the Bible, everybody has the opportunity to have salvation but you have to . . . it has to be a personal commitment. So the hotels have to make a personal commitment. The industries have to make a personal commitment to get . . . to take advantage. So whilst the dialogue today strayed away, I would say that this [draft Order] presented by the Minister provides hope. It provides hope for persons to see that there are hotels in this country that have enough confidence in this Government and this countr y to invest—Hamilton Princess; the Azura is doing well; Ariel Sands has come forward in that space. And where does the hope lie? The hope lies for persons like myself and others who have all their life in the hospitality industry looking for the day that s omeone can see the opportunity that is presented here for a Lantana, for an Elbow Beach, for Horizons, for Sonesta, for Morgan’s Point, for Tudor Hill. And with that, Mr. Speaker, I would like to move that this said Order be approved and a suitable mes-sage sent to Her Excellency the Governor. Thank you.
The SpeakerThe SpeakerThere aren’t. The appropriate message will be sent. [Motion carried: The draft Order entitled the Tourism Investment (Hamilton Princess and Beach Club) Order 2024 was approved.]
The SpeakerThe SpeakerMembers, that brings us to the end of that matter. We will now return to Order [No.] 3. Minister, are you ready for that? Okay. The second reading of the Computer Misuse Act 2024 will now be led by the Minister of National Se-curity. Minister. Hon. Michael A. Weeks: Thank …
Members, that brings us to the end of that matter. We will now return to Order [No.] 3. Minister, are you ready for that? Okay. The second reading of the Computer Misuse Act 2024 will now be led by the Minister of National Se-curity. Minister.
Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, for your guidance and/or advice, I have an amendment on the floor. When should I present it?
The SpeakerThe SpeakerIs it— Hon. Michael A. Weeks: In Committee?
The SpeakerThe SpeakerIs in in reference to your clause? Hon. Michael A. Weeks: Yes, for a clause.
The SpeakerThe SpeakerDo it in Committee. Hon. Michael A. Weeks: In Committee? Okay. Mr. Speaker, I move that the Bill entitled Computer Misuse Act 2024 be now read the second time.
The SpeakerThe SpeakerAre there any objections? There are none. Proceed. BILL SECOND READING COMPUTER MISUSE ACT 2024 Hon. Michael A. Weeks: Mr. Speaker, the Bill before this Honourable House is the Computer Misuse Act 2024. This Bill repeals and replaces the Computer Misuse Act 1996. In the past five years the Department …
Are there any objections? There are none. Proceed.
BILL
SECOND READING
COMPUTER MISUSE ACT 2024 Hon. Michael A. Weeks: Mr. Speaker, the Bill before this Honourable House is the Computer Misuse Act 2024. This Bill repeals and replaces the Computer Misuse Act 1996. In the past five years the Department of Prosecutions [DPP] have prosecuted two cases under the current Act. T he primary difficulty in prosecuting the cases was that the legislation was not conducive to the current use of computers and no longer fits modern computer usage. Mr. Speaker, the Bill being presented today will mitigate this issue. The Bill is the first in a series of legislation that will be amended to update Bermuda’s laws on cyber-crime. I would like to give Honourable Members the benefit of an explanation on the difference between cybercrime and cybersecurity legislation. 1254 17 May 2024 Official Hansard Report
Bermuda House of Assembly The Cybersecurity Act focuses on preparedness for and protections against cyber threats. The Bill being presented now, the Computer Misuse Act 2024, is focused on creating offences for crimes committed using a computer or acts that involve unauthorised ac-cess to a computer or a computer system whether or not that access also involves impairing the operation of the computer or computer system. This Bill gives the police power to investigate and make arrests in relation to these offences and provides the parameters within which the Department of Public Prosecutions can initi-ate legal proceedings against a suspect. Mr. Speaker, the analogy of going for a Sunday afternoon drive might help explain the difference. When we get into our cars we put on our seatbelts and make sure our children are safely secured in the rear seat. We ensure that the windshield wipers and ind icators are working optimally. We ensure that our brakes are working well and we lock our car doors. Doing these things helps us to ensure that our car and its passengers are safe. This preparation and protection can be likened to cybersecurity. Mr. Speaker, in this analogy cybercrime may be compared to the illegal use of a vehicle, such as auto theft, driving over the speed limit, parking in a no-parking zone, or driving while under the influence of drugs or alcohol. These are criminal acts. Thankfully, we protected ourselves so we are unharmed. But these individuals must be dealt with and reprimanded for their crimes. That is what the cybercrime legislation will do. It will provide the police and the Department of Public Prosecutions with the pow ers needed to investigate and prosecute a cyberattack and other crimes commit-ted using a computer. Mr. Speaker, the Bill today specifically creates offences against unauthorised access to computer ma-terial, unauthorised access to a computer with the in-tent to commit further offences or the intent to impair the operation of a computer and any act in relation to a computer that creates the risk of serious damage or actually causes serious damage. The Bill also clarifies issues surrounding jurisdiction when a cybercrime is committed. It strengthens Bermuda’s international cooperation and ensures that cyber criminals can be investigated, arrested and convicted no matter where the crime is committed. Mr. Speaker, the offences created under this Bill are serious. We have witnessed the damage that can be done by those commonly referred to as “threat actors” when technology is used for malicious pur-poses. As such, these offences each attract considerable tariffs ranging from imprisonment terms of six months and fines of $18,000, to life imprisonment and a fine of up to $1 million for offences that create the most risk of harm or actual harm. Mr. Speaker, the provisions of this Bill are in line with the Council of Europe Convention on Cyber-crime signed in Budapest on the 23 rd of November 2001. The Budapest Convention is an international treaty that addresses Internet and computer crimes by harmonising national laws, improving investigative techniques and increasing cooperation among nations. Bermuda is not a signatory to the Budapest Convention; however, this Bill, the amendments to the E lectronic Communications Act, the Criminal Code and amendm ents to other local legislation will position Bermuda as a country utilising best practice in cybercrime legislation and will allow Bermuda to request that the Budapest Convention is extended to us at a later date. Mr. Speaker, I am pleased to commend this Bill to the House and for Honourable Members to debate. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Would any other Member like to make a contribution at this time? Opposition Leader. Hon. Jarion Richardson: Yes, thank you, Mr. Speaker. Yes, it is quite key that Bermuda updates our laws relating to the misuse of computers. It probably goes without saying, but I have to …
Thank you, Minister. Would any other Member like to make a contribution at this time? Opposition Leader.
Hon. Jarion Richardson: Yes, thank you, Mr. Speaker. Yes, it is quite key that Bermuda updates our laws relating to the misuse of computers. It probably goes without saying, but I have to reiterate that a large part of our lives is now determined by what takes place on servers and in cloud computers all over the world. And most of us use computers in a manner that is rela-tively elementary. We use it to save a file. We use it to reach out to a colleague. We do not really touch the depth of what is used in computing power. The development of AI technology is really quite something. But I would add that you do not have to go that far in order to see just how sensitive and crit-ical computers are to our lifestyle. A lot of people do not realise the extent to which our general i nfrastructure and other matters are currently operated in an automated fashion. This especially relates to things like our banking records and our institutional matters like our electrical grid and things like that. Now, the reason I bring this up is because the Bermuda Police Service and the Director of Public Prosecutions has to work in a very fast -moving and fluid environment. They have to deal with the most sophisticated kinds of crime and the most sophisticated k inds of actors which in Bermuda we do not see a lot of. So, using an example, my specialty is anti -money laundering and for all the typologies and case studies we use in money laundering and anti -money laundering, very, very, very few actually come from or are in Bermuda. Most are overseas actors coming into Bermuda. And they are practiced and tried and their strategies simply defeat a large part of outdated legislation. To that end, it is key that Bermuda keeps up. Now, the Budapest Convention outlines the things that we have to do to keep up and to prevent irreparable harm to our institutions, to our facilities, to our people, and to us individually as users. One of the keys to this whole framework, however, is also our international component. Our economy is vitally
Bermuda House of Assembly dependent on things that happen overseas. And I can assure you that a crime that takes place, that its locum or its locus, its focal point is in Bermuda, but we have outdated legislation, that means that overseas law enforcement, overseas prosecutors, over seas regulators, overseas actors altogether who are responsible for maintaining the security of those networks then have a dim view of Bermuda. So it is absolutely key that this legislation comes to pass. That we do so as a matter of priority. The Bermuda Police Service also has to train folks specific to computer crime and computer -related crime and cybercrime. As well, the DPP has to develop the proficiency necessary to prosecute offences that are radically different from most of the offences that come before our courts. Most of our offences deal with physical crime, crimes against a person and crimes against property. Computer crime is horribly complex and that means that we need to have commensurately sophisticated legislation to deal with it . So, in that regard this is good that we are moving in this direction. One of the things that I wanted to speak of though, Mr. Speaker, today is . . . and we will get to this in Committee, but there are aspects that definitely could be improved upon in this space. There are some general threats that can be posed by this kind of legislation, one of which is when we create legislation that enables a Minis ter to then start touching other parts of legislation. That is, a Minister has the ability to create regulations that can change other things. Parliament supremacy must remain u ntouched. And I am very, very concerned every time I see a piece of legislation that contains a clause that effectively says the Minister can go off and do what he wants, in which case we then have to basically trust that that Cabinet Minister will always act in our best interests. Hon. Jason Hayward: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Jason Hayward : The Member is misleading the House. Any legislation that has regulatory powers given to the Minister, the regulations then need to be laid in this Honourable House. And so it does not give any Minister carte blanche the ability …
The SpeakerThe SpeakerPoint taken. Hon. Jarion Richardson: Yes, thank you.
The SpeakerThe SpeakerBe guided by that. Hon. Jarion Richardson: Yes, I completely disagree. The reason is because it takes time to [table] regulations in this House and until that time these regulations can be acted upon.
The SpeakerThe SpeakerRegulations will follow — Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerRegulations will normally follow. Once the legislation is tabled, it is dealt with, the legislation . . . the regulations will follow at some point. Okay? POINT OF ORDER [Misleading] Hon. Walter H. Roban: Point of order, Mr. Speaker. I think you provided some clarity, but I think for the …
Regulations will normally follow. Once the legislation is tabled, it is dealt with, the legislation . . . the regulations will follow at some point. Okay?
POINT OF ORDER [Misleading]
Hon. Walter H. Roban: Point of order, Mr. Speaker. I think you provided some clarity, but I think for the benefit of the audience listening that the Member is providing misleading statements to this House. Even though the legislation is tabled there are parameters upon which Ministers can operate. And perhaps because he has not been a Minister, he does not understand this.
An Hon. Member An Hon. MemberOh! Oh! Hon. Walter H. Roban: But the law does not give Ministers wide powers to act unrestricted. There is no legislation that does that. There are prescribed parameters a Minister can operate [within]. Regulations help to even further prescribe how one can operate. But there is no l egislation …
Oh! Oh! Hon. Walter H. Roban: But the law does not give Ministers wide powers to act unrestricted. There is no legislation that does that. There are prescribed parameters a Minister can operate [within]. Regulations help to even further prescribe how one can operate. But there is no l egislation that gives Ministers wide unregulated powers. And for him to suggest that is highly inaccurate and it is not to the benefit of the public at all.
The SpeakerThe SpeakerPoint taken. Hon. Jarion Richardson: Thank you. So there are concerns.
The SpeakerThe SpeakerJust be guided, in your comments, be guided by the fact that the structure has parameters which will still . . . in which the Ministers will still have to be governed by. Hon. Jarion Richardson: Yes, Mr. Speaker. But these are subjective terms that we are speaking about. Not, …
Just be guided, in your comments, be guided by the fact that the structure has parameters which will still . . . in which the Ministers will still have to be governed by.
Hon. Jarion Richardson: Yes, Mr. Speaker. But these are subjective terms that we are speaking about. Not, not . . . I am not talking about a fixed time—
[Inaudible interjections]
Hon. Jarion Richardson: Well, we are using words like “wide -ranging” and there were a couple other descriptives used there. I am . . . it is fair game in a debate to use different terms trying to describe because we will dive into the clause in Committee. But I mean to say that I have concerns every time I see certain kinds of provisions in law. And I will raise that concern in Committee. 1256 17 May 2024 Official Hansard Report
Bermuda House of Assembly And, some of the penalties that are being considered, Mr. Speaker . . . the damage that can be caused by interrupting computers, computer networks and things like this, can be irreparable and can be quite significant not just to that one institution or that one tar-get, but really can have (I want to be careful with my subjective terms; I was about to say “wide- ranging”), multiple cascading impacts. And to that end we want to make sure that the penalties are actually . . . are . . . are . . . can be quite dissuasive. To that end, I look forward to going in to Committee and speaking to this matter clause- by-clause. I am very happy that the Bermuda Police Service and the Director of Public Prosecutions will have updated powers to keep up with the sophistication of cyberc rime as it is being experienced right now globally and in Ber-muda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? Attorney General. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. I appreciate Members’ contributions with regard to the drafting particularities of this Act, but let me just make it clear. Everybody in this House knows that …
Thank you. Does any other Member wish to make a contribution at this time? Attorney General.
Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. I appreciate Members’ contributions with regard to the drafting particularities of this Act, but let me just make it clear. Everybody in this House knows that the subject of technology in and of itself is a fluid one. And this Act is actually drafted with that in mind. In any legislation where the Minister will have a need to make regulations to respond to changing conditions in any (how can I put it?) industry, you will have a regulation- making power. That is not subject to affirmative action, i.e., it does not come to this House first. Imagine if we were not able to respond in a fluid man-ner, in a timely manner, to developments in this indus-try. That is what the clause in question gives the Minister the ability to do. And of course we all know that the resolution gets passed afterwards, but I have no . . . if you look at cybercrime generally, and we will see this in the next Bill, the Minister is advised totally with regard to the subject matter. So he does not wake up on any given morning and decide to go rouge or south. This is a very technical and sensitive area that we will deal with accordingly. I just wanted to point out also in that same vein that it is for that reason that the definition of “computer” does not appear in UK legislation. That is the legislation that is in alignment with this. But we actually have in that particular clause the power for the Minister once more to be able to add to that definition as the need arises. So, Members need to understand and appreciate the fluid nature of the subject matter in that, as I said earlier, this Act is drafted accordingly. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? Minister Campbell. Hon. Vance Campbell: Thank you, Mr. Speaker. Mr. Speaker, I would like to start by thanking the Minister for tabling this Bill in a previous sitting of this Honourable House so that we might debate it here …
Thank you. Does any other Member wish to make a contribution? Minister Campbell.
Hon. Vance Campbell: Thank you, Mr. Speaker. Mr. Speaker, I would like to start by thanking the Minister for tabling this Bill in a previous sitting of this Honourable House so that we might debate it here today. Mr. Speaker, this Bill repeals and replaces the Computer Misuse Act 1996. It is an Act that is approxi-mately 28 years old. Now that might not be very old when you compare it to other laws in our jurisdiction but it is long overdue when one considers how r apidly the technology in and around computers continues to evolve and advance. Mr. Speaker, we heard the Minister state that this Bill is the first in a series of legislation that will be amended to update Bermuda’s laws on cybercrime. Mr. Speaker, I would also go as far as to state that this particular Act itself will be the subjec t of a future series of amendments as computer software and technology continue to advance, as social media platforms continue to evolve, and most importantly as cyber criminals who use computers as their weapon of choice, become more and more creative and sophisticated. Mr. Speaker, I would also like to remind Members at this time that much of the work done on this particular Bill was already in process when we had the cyberattack last September against the Government and the people of Bermuda. Mr. Speaker, this Bill is focused on creating offences of crimes committed using a computer, or acts that involve unauthorised access to a computer or a computer system, whether or not that access also involves impairing the operation of the computer or c omputer system. Now, this is a tool, Mr. Speaker, that was designed to make our lives easier. Whether those lives are . . . our lives at home or on the job. The technology has allowed us to have the society that we have today. And in true human fashion, we have a small minority who have chosen to use it as a weapon of harm. So, Mr. Speaker, the goal is that . . . going back to what I was saying about creating offences, but the goal is that the penalties attached to these offences will be a deterrent. The speaker has outlined the main off ences under this Act, so I will not repeat them. But again I say, it is shameful that we have to have legislation such as this for a tool that was designed to make life on the job and at home better. So, Mr. Speaker, if we can look at the penalties under [clauses] 3, 4, 5 and 7, on summary conviction to imprisonment for six months or a fine of $18,000 or both; on conviction on indictment imprisonment five years or a fine of $60,000 or both. And Mr. Speaker, when we look at the penalties under [clause] 6, on conviction on indictment, imprisonment for 14 years to life
Bermuda House of Assembly or a fine ranging from $100,000 to a million dollars or both. So at this time, Mr. Speaker, I just want to highlight what is the difference between summary conviction and conviction on indictment. And I do encourage any of the lawyers in the House to actually correct me if I say something that is incorrect because I do not want to communicate incorrect information to the public. I am just trying to give some information as to why the offences are so different. So a summary conviction offence or offences are considered less serious than indictable offences and therefore are punishable by shorter prison sentences and smaller fines. And in Bermuda, in the con-text of Bermuda, the summary offences are tried in the Magistrates’ Court whilst indictable offences are tried in the Supreme Court. So, hopefully, for the learned Mem-bers of the House I did get that right. Mr. Speaker, to some these penalties may be harsh. But they pale, as I believe the Opposition Leader spoke on, in comparison to the cost and damage that the offences could and have caused to people, to com-panies and to governments. We all have heard the horror stories and all of us have recently experienced such an event first hand. In closing, Mr. Speaker, this Bill creates the offences, prescribes penalties for the offences. It also clarifies issues around jurisdictions when an offence is committed. It provides the police power to investigate and make arrests in relation to the offences and it provides parameters to initiate proceedings against a sus-pect. And finally, Mr. Speaker, it strengthens Ber-muda’s international cooperation and I support this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a comment? None. Minister. Hon. Michael A. Weeks: Thank you, Mr. Speaker. I would like to thank the Honourable Members for participating in this Computer Misuse Act 2024. Like it has been said by my colleagues, this is to bring …
Thank you, Minister. Does any other Member wish to make a comment? None. Minister. Hon. Michael A. Weeks: Thank you, Mr. Speaker. I would like to thank the Honourable Members for participating in this Computer Misuse Act 2024. Like it has been said by my colleagues, this is to bring the legislation into a more current status. So at this time I would like to move that the Bill be committed.
The SpeakerThe SpeakerThank you. Deputy. House in Committee at 3:33 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL 1 The Computer Misuse Act 1996 COMPUTER MISUSE ACT 2024
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further considera-tion of the Bill entitled the Computer Misuse [ Act] 2024 . Minister Weeks, you have the floor. Hon. Michael A. Weeks: Thank you, Mr. Chairman.
The ChairmanChairmanMm-hmm. Hon. Michael A. Weeks: Mr. Chairman, before I move the clauses, I would like to get your advice or guidance. I would like to make an amendment on the floor.
The ChairmanChairmanYes. Hon. Michael A. Weeks: Do I wait to the—
The ChairmanChairmanWhat clause? Hon. Michael A. Weeks: Fourteen.
The ChairmanChairmanOkay. When you get there, we will— Hon. Michael A. Weeks: Okay. When I get to 14—
The ChairmanChairmanYes. Hon. Michael A. Weeks: Okay. Mr. Chairman, I would like to move that the Bill entitled Computer Misuse Act [2024] be committed. Thank you, Mr. Chairman. I would like to move clauses 1 through 7.
The ChairmanChairmanContinue. Hon. Michael A. Weeks: Clause 1 provides a citation for the Bill. Clause 2 provides for the definitions of some of the terms and expressions in the Bill. Particular defini-tions in the Bill include the definitions of the terms “com-puter,” “damage,” “data,” “Minister” and “output.” Sub-sections (2) to (9), …
Continue.
Hon. Michael A. Weeks: Clause 1 provides a citation for the Bill. Clause 2 provides for the definitions of some of the terms and expressions in the Bill. Particular defini-tions in the Bill include the definitions of the terms “com-puter,” “damage,” “data,” “Minister” and “output.” Sub-sections (2) to (9), which provide detailed definitions of specific expressions used in the Bill, are taken from section 6 of the 1current Act and have been updated in accordance with the applicable provisions of section 17 of the UK Computer Misuse Act 1990. Clause 3 provides an update to the offence in section 3 of the current Act of “unauthorised access to computer material” in accordance with section 1 of the UK Computer Misuse Act 1990. The offence is punishable on summary conviction with imprisonment for six months or a fine of $18,000 or both. Clause 4 provides for “unauthorised access with intent to commit or facilitate commission of further offences” in accordance with section 4 of the current 1258 17 May 2024 Official Hansard Report
Bermuda House of Assembly Act. The offence is punishable on summary conviction with imprisonment for six months or a fine of $18,000 or both; or on conviction on indictment, with imprisonment for five years or a fine of $60,000 or both. Clause 5 is a new provision, which prohibits unauthorised acts with intent to impair operation of computer, et cetera. The offence occurs when a person does with intent to impair, or with recklessness as to impairing, any unauthorised acts relating to the operation of any computer; to prevent or hinder access to any programme or data; to impair the operation of any such programme or reliability of such data; or to enable any of the foregoing to be done. The provision is adapted from section 3 of the UK Computer Misuse Act 1990. The offence is punishable on summary conviction with imprisonment for six months or a fine of $18,000 or both; or on conviction on indictment, with imprisonment for five years or a fine of $60,000 or both. Clause 6 is also a new provision, which prohibits “unauthorised acts causing, or creating the risk of, serious damage.” The offence occurs when a person does any unauthorised acts to cause or create a significant risk of serious damage of a material kind a nd the act is done with intent to cause the serious damage or with recklessness as to whether such damage is caused. The clause defines damage of a “material kind” to include damage to human welfare in any place; damage to the environment of any place; damage to the economy of any country; or damage to the national security of any country. The provision is adapted from section 3ZA of the UK Computer Misuse Act 1990. The offence is punishable on conviction on indictment with imprisonment for 14 years, or wit h a fine of $100,000, or both. Where the offence is committed as a result of an act causing or creating a significant risk of serious damage to human welfare or serious damage to na-tional security, the offence is punishable on conviction on indictment with imprisonment for life or a fine of $1,000,000 or both. Clause 7 is also a new provision which prohibits the making, adapting, supplying or offering to supply any article intending it to be used to commit, or to assist in the commission of an offence under section 3, 5 or 6. The provision is adapted from section 3A of the UK Computer Misuse Act 1990. The offence is punishable on summary conviction with imprisonment for six months or a fine of $18,000 or both; or on conviction on indictment, with imprisonment for five years or a fine of $60,000 or both. Mr. Chairman, at this time I would like to invite speakers to speak on clauses 1 through 7.
The ChairmanChairmanAny further speakers on clauses 1 through 7? The Chair recognises the Leader of the Opposition, Mr. Richardson. You have the floor, Member. Hon. Jarion Richardson: Yes, thank you, Mr. Chairman. And I thank the Honourable Minister for his presentation. Mr. Chairman, I would draw attention to clause 6(7)—
The ChairmanChairmanMm-hmm. Hon. Jarion Richardson: —both (a) and (b) wherein the offence, provided under [clause] 6 is “Unauthorised acts causing, or creating risk of, serious damage” and the penalty associated with that is “a person . . . on conviction on indictment, to imprisonment for life, or to a fine of …
Mm-hmm.
Hon. Jarion Richardson: —both (a) and (b) wherein the offence, provided under [clause] 6 is “Unauthorised acts causing, or creating risk of, serious damage” and the penalty associated with that is “a person . . . on conviction on indictment, to imprisonment for life, or to a fine of $1,000,000 or to both.” So we certainly see the significance of that serious act. I am noting that we are talking about “serious damage to human welfare of the kind” (set out above). And we are talking about “ [6(7)(b)] serious damage to national security.” My point on reduced or rather the penalty being fairly low in the case of another act, another clause just preceding it, bringing your attention, Mr. Chairman, to clause 5 wherein it says, “Unauthorised acts with intent to impair, or with recklessness as t o impairing, operation of computers . . .” and of course before that, clause 4, “Unauthorised access with intent to commit or facilitate commission of further offences.” We are looking at those penalties, under summary conviction: imprisonment of six months or a fine of $18,000. Just to draw some comparison, Mr. Chairman, respectfully . The Proceeds of Crime (Anti -Money Laundering and Anti -Terro rist Financing) Regulations 2008 provides under Regulation 19 for a penalty where a relevant person, that is, a regulated financial institution, does not properly identify a client , under summary offence [the penalty] can be . . . the penalty is $50,000. So, if you can imagine a money service business not collecting your passport, sort of naturally, that is upwards of $50,000 under summary conviction. Under another set of regulations it is actually . . . the penalty goes all the way up to $10 million. So that is all I am trying to say, Mr. Chairman, is that commensurate to the damage that is a money service business not collecting the guy’s passport or ID, it is $50,000 in Bermuda, but if the guy stole it, if the offender actually stole a passport or so mething like . . . sorry, if he were to corruptly use a computer for those purposes, it looks like the penalty is substantially less. So, that is our point for these penalties. Some of them are actually very high and they will prohibit a person. They seem proportionate to the offence. Others seem very, very low. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Honourable Member. Any further speakers? Minister. Bermuda House of Assembly Hon. Michael A. Weeks: Mr. Chairman, I welcome the Opposition Leader’s comments. And there is not much more I can add as to the offences.
The ChairmanChairmanMm-hmm. Hon. Michael A. Weeks: You know, if you commit a crime you got to do the time or you are going to pay in whatever other way. So, Mr. Chairman, at this time I would like to move that clauses 1 through 7 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 7 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 7 passed.] Hon. Michael A. Weeks: Mr. Chairman, I would now like to move clauses 8 through 11.
The ChairmanChairman[Clauses] 8 through 11. Continue. Hon. Michael A. Weeks: Clause 8 provides for territorial scope of offences under this Bill and updates the provisions of section 7(1) of the current Act. Under this clause it is immaterial for the purposes of any offence under section 3, 5 or 6 as …
[Clauses] 8 through 11. Continue.
Hon. Michael A. Weeks: Clause 8 provides for territorial scope of offences under this Bill and updates the provisions of section 7(1) of the current Act. Under this clause it is immaterial for the purposes of any offence under section 3, 5 or 6 as to whether the act or event occurred in Bermuda or whether the accused was in Bermuda at the time of the offence, but at least one significant link with Bermuda must exist in the circum-stances of the case for the offence to be committed. Clause 9 provides the criteria for determining significant links with Bermuda in relation to an offence under section 3, 5, 6 or 7, where an offence is committed outside Bermuda. The clause is adapted from section 5 of the UK Computer Misuse Act 1990. Clause 10 provides for the territorial scope of inchoate offences, which do not take place wholly in Bermuda. The clause is an updated version of section 8 of the current Act. Clause 11 provides for offences under the Bill that are committed by bodies corporate (as defined). Where it is proved that the offence is committed with the consent or connivance of a senior officer of the body corporate or any person acting in that capac ity, such person shall also be guilty of the offence. The clause is adapted from section 20 of the Bribery Act 2016. The offence is punishable on summary conviction with imprisonment for six months or a fine of $18,000 or both; or on conviction on indictment, with imprisonment for five years or a fine of $60,000 or both. Mr. Chairman, at this time I would like to invite speakers to speak on clauses 8 through 11.
The ChairmanChairmanThank you, Minister. Are there any speakers to clauses 8 through 11? The Chair recognises the Leader of the Opposition, Mr. Richardson. You have the floor. Hon. Jarion Richardson: Yes, thank you, Mr. Chairman. In this case I would like to bring our attention to clause 11, talking about offences …
Thank you, Minister. Are there any speakers to clauses 8 through 11? The Chair recognises the Leader of the Opposition, Mr. Richardson. You have the floor. Hon. Jarion Richardson: Yes, thank you, Mr. Chairman. In this case I would like to bring our attention to clause 11, talking about offences of the body corporate. Under PART 3 we are talking about Jurisdiction and ac-tivities taking place overseas that will impact or have this linked into Bermuda. I bring up offences of the body corporate because at this point we are talking about an offence such as unauthorised access with intent to commit or facilitate commission of a further offence or unauthorised acts with intent to impair or with recklessness as to impairing operation of computer —again, we spoke a little bit about the significant damage that can be done. So, if someone overseas as a director of a company should be liable for that, can you imagine the cost to detect that crime for the police, the cost to actually bring them to justice and the associated costs? All of that having to be incurred in Bermuda. A nd again, we are looking at some penalties, some of the punishments in the range of $18,000 which we would go through in a matter of week if we had to actually undertake this work. So, again, I invite the Honourable Minister and his technical officers to reflect on that and with any luck come back and provide further penalties to these serious offences. Thank you.
The ChairmanChairmanThank you, Honourable Member. Any further speakers? No. Minister. Hon. Michael A. Weeks: Thank you, Mr. Chairman. And I appreciate the contribution by the Honourable Opposition Leader, but I think the crime, the penalty will be commensurate with the crime. So if the investigation would take longer than what would …
Thank you, Honourable Member. Any further speakers? No. Minister.
Hon. Michael A. Weeks: Thank you, Mr. Chairman. And I appreciate the contribution by the Honourable Opposition Leader, but I think the crime, the penalty will be commensurate with the crime. So if the investigation would take longer than what would be the normal case, I think s ome of that cost, or most of that cost, all that cost would be borne by the perpetrator. So, Mr. Chairman, having said that I now move that clauses 8 through 11 be approved.
The ChairmanChairmanIt has been moved that clauses 8 through 11 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 8 through 11 passed.] Hon. Michael A. Weeks: Mr. Chairman, I now move clauses 12 through 19. 1260 17 May 2024 Official Hansard Report …
It has been moved that clauses 8 through 11 be approved. Are there any objections to that? There appear to be none. Approved.
[Motion carried: Clauses 8 through 11 passed.] Hon. Michael A. Weeks: Mr. Chairman, I now move clauses 12 through 19. 1260 17 May 2024 Official Hansard Report
Bermuda House of Assembly Clause 12 provides for proceedings for the offence—
The ChairmanChairmanWell, Minister, why don’t you do [clauses] 12 and 13 and then we will do [clause] 14 after [clauses] 12 and 13? Hon. Michael A. Weeks: Thank you very much, Mr. Chairman, for your direction.
The ChairmanChairmanOkay. Hon. Michael A. Weeks: Mr. Chairman, I would now like to move clauses 12 and 13.
The ChairmanChairmanContinue. Hon. Michael A. Weeks: Clause 12 provides for proceedings for the offence under section 3 to be brought within a period of 12 months either after the offence is committed or from the date on which evidence that war-rants proceedings came to the knowledge of the Director of Publi …
Continue.
Hon. Michael A. Weeks: Clause 12 provides for proceedings for the offence under section 3 to be brought within a period of 12 months either after the offence is committed or from the date on which evidence that war-rants proceedings came to the knowledge of the Director of Publi c Prosecutions. The clause is an updated version of section 9 of the current Act. Clause 13 provides for instances where a conviction of a section 3 offence can be an alternative to section 4, 5, 6 or 7. The clause is an updated version of section 10 of the current Act. Mr. Chairman, I invite any other speakers for [clauses] [12] and [13].
The ChairmanChairmanAny speakers to clauses [12] and [13] ? There appear to be none. Do you want to move those two clauses, Minister? Hon. Michael A. Weeks: Mr. Chairman, I would like to move clauses 12 and 13.
The ChairmanChairmanIt has been moved that clauses 12 and 13 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 12 and 13 passed.] Hon. Michael A. Weeks: Thank you, Mr. Chairman. Now, clause 14 I have . . .
The ChairmanChairmanAn amendment? Hon. Michael A. Weeks: Hang on.
The ChairmanChairmanI don’t have a copy. [Crosstalk]
The ChairmanChairmanOkay. Thank you. Thank you, cousin. Continue. AMENDMENT TO CLAUSE 14 Hon. Michael A. Weeks: Mr. Chairman, I would like to amend clause 14 as follows: In clause 14(3)(c) by deleting “within a period of 72 hours and substituting the words “as soon as reasonably practicable.”
The ChairmanChairmanAny objections to that? No objections. No objections to that, do you want to move that? Hon. Michael A. Weeks: Can I finish . . . read the rest of the clause—
The ChairmanChairmanYes. Do the rest of the clause and — Hon. Michael A. Weeks: Okay. Clause 14 provides for police powers of investigation, entry and seizure. The clause is an updated version of section 11 of the current Act, with reference now being made to the powers of the police under …
Yes. Do the rest of the clause and —
Hon. Michael A. Weeks: Okay. Clause 14 provides for police powers of investigation, entry and seizure. The clause is an updated version of section 11 of the current Act, with reference now being made to the powers of the police under the Police and Criminal Evidence Act 2006. I would like to move that clause 14 be approved.
The ChairmanChairmanWith the . . . Hon. Michael A. Weeks: As amended.
The ChairmanChairmanAs amended. It has been moved that clause 14 be approved as amended. Any objections? Clause 14 is approved as amended. [Motion carried: Clause 14 passed as amended.] Hon. Michael A. Weeks: Thank you, Mr. Chairman. Mr. Chairman, I now move that clauses 15 through 19—
The ChairmanChairmanContinue. Hon. Michael A. Weeks: Clause 15 provides for forfeiture of any property in a person’s possession or under his control at the time he was apprehended for an offence or when a summons in respect of the offence was issued, which was used to commit or facilitate the commission …
Continue.
Hon. Michael A. Weeks: Clause 15 provides for forfeiture of any property in a person’s possession or under his control at the time he was apprehended for an offence or when a summons in respect of the offence was issued, which was used to commit or facilitate the commission of an offence under the Bill or was intended to do so. The clause is an updated version of section 12 of the current Act. Clause 16 provides for the Minister’s powers to make regulations. Clause 17 empowers the Minister to make consequential amendments to other legislation by regulations subject to the negative resolution procedure.
Bermuda House of Assembly Clause 18 provides for the repeal of the Computer Misuse Act 1996 and savings to preserve the repealed Act in relation to offences committed before the commencement of this Act. Clause 19 provides for the commencement of the Act. Mr. Chairman, I would like to invite speakers on clauses 15 through 19.
The ChairmanChairmanAny speakers . . . the Chair recognises the Honourable Member Richard [sic] Pearman. Mr. Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Chairman. Mr. Chairman, during the debate there was a bit of toing- and-froing between the learned MP behind me and the Deputy Premier and the Opposition Leader. And I believe the Attorney General may have weighed in. And if I may, I will just weigh in on …
Mr. Scott PearmanAnd I will try to do so lightly, but just to explain the issue in case it was not appreciated. Forgive me if I am saying something that everyone in this room already understands. And that is, we have primary legislation and we have secondary legislation. Primary legislation is an …
And I will try to do so lightly, but just to explain the issue in case it was not appreciated. Forgive me if I am saying something that everyone in this room already understands. And that is, we have primary legislation and we have secondary legislation. Primary legislation is an Act, it is a Bill and be-comes an Act. The word “enactments” includes A cts. It is primary legislation. We have secondary legislation which is statutory instruments. We get orders, we get regulations, et cetera. The point being made about this clause and why this clause is offensive is that this Act, which is pri-mary, is seeking to create a power for the Minister to create secondary legislation in the form of regulations. No problem there. However, the wording of this clause then seeks to allow the secondary legislation to be used to amend other primary legislation. And we say that is impermissible. And I will just tell [why] I say that.
Mr. Scott PearmanIf you look, Mr. Chairman, at clause 17, “The Minister may, by regulations,” (no problem there) “make amendments to” (and here is the problem) “such enactments . . .”. If “such enactments” is removed, no problem with this clause.
Mr. Scott PearmanBecause the Minister may by regulations make amendments to instruments as it appears to the Minister to be necessary. You can use secondary legislation to amend secondary legislation. What you should not be able to do is use secondary legislation to amend primary legislation.
The ChairmanChairmanYes. Mr. Scott Pearman: That should come back to Parliament and the primary Act should be looked at and amended. And that is the point that is being made here. Thank you, Mr. Chairman.
Mr. Scott PearmanI’m sorry. I will just add that this clause does not appear in the 1990 UK legislation. This is a clause that has been put into our Bill here in Bermuda. It is not in the primary Act from the UK.
The ChairmanChairmanAny further speakers? Attorney General. Hon. Kathy Lynn Simmons: Mr. Chairman, that is not an unusual enactment.
The ChairmanChairmanMm-hmm. Any further speakers? Minister. Hon. Michael A. Weeks: Mr. Chairman, as always, it is a pleasure to have the Attorney General on your side. [Laughter] Hon. Michael A. Weeks: She just cleared up the language for me because I was not really following the Honourable Member on the other …
Mm-hmm. Any further speakers? Minister.
Hon. Michael A. Weeks: Mr. Chairman, as always, it is a pleasure to have the Attorney General on your side.
[Laughter]
Hon. Michael A. Weeks: She just cleared up the language for me because I was not really following the Honourable Member on the other side. So, having said that, Mr. Chairman, I now move that clauses 15 through 19 be approved.
The ChairmanChairmanIt has been moved that clauses 15 through 19 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 15 through 19 passed.] Hon. Michael A. Weeks: Thank you, Mr. Chairman. I now move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Michael A. Weeks: Mr. Chairman, I move that the Bill entitled Computer Misuse Act 2024 be reported to the House as printed.
The ChairmanChairmanAs amended. Hon. Michael A. Weeks: As amended. 1262 17 May 2024 Official Hansard Report Bermuda House of Assembly The Chairman: It has been moved that the Bill be reported to the House as amended. The Bill will be reported to the House. [Motion carried: The Computer Misuse Act 2024 …
As amended. Hon. Michael A. Weeks: As amended.
1262 17 May 2024 Official Hansard Report
Bermuda House of Assembly The Chairman: It has been moved that the Bill be reported to the House as amended. The Bill will be reported to the House.
[Motion carried: The Computer Misuse Act 2024 was considered by a Committee of the whole House and passed as amended.]
The ChairmanChairmanMr. Speaker. Hon. Michael A. Weeks: Thank you, Mr. Chairman. House resumed at 3 :55 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE COMPUTER MISUSE ACT 2024
The SpeakerThe SpeakerMembers, are there any objections to the Bill entitled the Computer Misuse Act 2024 being reported to the House as amended? There are none. The Bill has now been reported. Thank you. Members, and listening audience, that brings us to the close of the business for today as far as …
Members, are there any objections to the Bill entitled the Computer Misuse Act 2024 being reported to the House as amended? There are none. The Bill has now been reported. Thank you. Members, and listening audience, that brings us to the close of the business for today as far as debates. So we will now do our third readings on the items that were discussed today. The first third reading would be for the Deputy Premier.
SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: Mr. Speaker, thank you very much. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Registration (Births and Deaths) Amendment Act 2024 be now read a third time by its title only.
The SpeakerThe SpeakerAny objections? There are none. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING REGISTRATION (BIRTHS AND DEATHS) AMENDMENT ACT 2024 Hon. Walter H. Roban: Mr. Speaker, I move that the Bill now be read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. Thank you, Minister. [Motion carried: The Registration (Births and Deaths) Amendment Act 2024 was read a third time and passed.]
The SpeakerThe SpeakerThe next item would be . . . I will take them in the order that we debated them. The consider-ation of the Tourism Investment . . . No. No, third reading. That was an Order. That’s right. So now the Computer Misuse [Act 2024]. Minister of National Security. SUSPENSION …
The next item would be . . . I will take them in the order that we debated them. The consider-ation of the Tourism Investment . . . No. No, third reading. That was an Order. That’s right. So now the Computer Misuse [Act 2024]. Minister of National Security.
SUSPENSION OF STANDING ORDER 21 Hon. Michael A. Weeks: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Computer Misuse Act 2024 be now read a third time by its title only.
The SpeakerThe SpeakerAny objections? There are none. Continue on, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING COMPUTER MISUSE ACT 2024 Hon. Michael A. Weeks: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Computer Misuse Act 2024 was read a third time and passed.] [Crosstalk]
The SpeakerThe SpeakerThank you. The Deputy or Premier? ADJOURNMENT Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn until Friday, the 31 st of May.
The SpeakerThe SpeakerWould any Member wish to speak to that? B ermuda House of Assembly MP Jamahl Simmons, you are on your feet pretty quick. I wasn’t sure if you were already up before he said that. Mr . Jamahl S. Simmons: Well, I have been doing my squats, Mr. Speaker.
The SpeakerThe SpeakerI think you would like your 20 minutes. [ Laughter] I N SUPPORT OF LINDSAY SIMMONS Mr . Jamahl S. Simmons: Thank you. Mr. Speaker, as we all know in this Chamber and across the Island that on May 22 there will be a very special day for constituency 10, …
I think you would like your 20 minutes. [ Laughter] I N SUPPORT OF LINDSAY SIMMONS Mr . Jamahl S. Simmons: Thank you. Mr. Speaker, as we all know in this Chamber and across the Island that on May 22 there will be a very special day for constituency 10, but also a very special day for the country. Now, I am not one of those people who gives endorsements lightly or frivolo usly. But I have had the pleasure of getting to know young Ms. Lindsay Simmons (no relation) for the past six or seven years. And I will tell you, the r ésumé is impressive. The résumé is impressive! I have heard many people say, You know, we need more people with business backgrounds who understand how the economy works in Parliament. Well, she has a business background. If that is what turns you on, she has got that. But Mr. Speaker, what we very rarely heard said as a component of what should make a Member of this Honourable Chamber is character, compassion and humility. So if character . . . Lindsay’s history for those who know it, overcoming so much yet remaining a positive force. Humility, you have seen the way she carries herself through our community. She is not about self; she is about her community. And these are the characteristics that we do not hear advocated as much as we hear about résumé. Despite her impressive ré-sumé, and I am sure there will be other colleagues who can delve into her history, I want to speak about Lindsay Simmons, the person. So, we need more MPs. And I would love to see this young lady sitting next to me in the House for a couple of reasons. Now, I am going to start off with the fact that she has never insulted Black civil servants. [ Inaudible interjections] Mr . Jamahl S. Simmons: She has never insulted Black civil servants. Not in her character. She has never advocated for the further exploitation of foreign workers by excluding them from minimum wages. An idea and a proposal that would drive down the cost of foreign workers and further devalue Bermudian workers. She has never advocated for that, unlike some people on the ballot. Mr. Speaker, when you talk about a young lady . . . I had the honour to stand with her, next to her, at the polling station on Wednesday. She is there at the polling station at her bye- election for constituency 10, somebody called her with a problem, not from constituency 10, and in between greeting people I watched her help this person and help resolve the problem. She is pulling aside other PLP MPs and Ministers and saying, I need your help with this. That is deep. That is something that, you know, I witnessed first hand. And I said, That’s impressive to me. Because it is very easy to say , That’s not my constituent. That’s not my problem. She did not do that. And she was not doing it for the cameras. She does not even know I am talking about it. But I witnessed this myself. That is something that we need more of in this Chamber. Mr. Speaker, one of the things we have to do is look at humility because there are too many people who will say, That’s not my job. Or, That job is beneath me. When she first started canvassing out of constituency 10 back in September, long before we ever knew that there would be a bye- election, she dis covered a problem. And when you talk about no job too big or small for your constituents, she went out and collected trash for people on a road who could not get it dealt with themselves. And she has done it every week since then, with no guarantee or hope of reward. And I have talked to her and she is going to keep doing it regardless of the outcome on the bye- election. No job too big or small for her people. Not a person who views that type of work as beneath her. We need more people like that in this Chamber, Mr. Speaker. Mr. Speaker, I can go on and on about [her.] She has a list and a résumé that is impressive. A list of character and life experiences that would be a tremendous asset to this Chamber and to our country. And I will say this: We could always do with a few more women in this Chamber. An H on. Mem ber: Yes.
Mr. Jamahl S. SimmonsAnd the perspective of a woman. And a perspective of a mother. And a perspective of somebody who has advocated against domestic abuse. We could do with more of that in this Chamber, Mr. Speaker. But the humility and character of this individual, Ms. Lindsay Simmons, is one that this …
And the perspective of a woman. And a perspective of a mother. And a perspective of somebody who has advocated against domestic abuse. We could do with more of that in this Chamber, Mr. Speaker. But the humility and character of this individual, Ms. Lindsay Simmons, is one that this Chamber could do with a lot more of. Mr. Speaker, I am not going to speak much longer but, as I said, I am not a person who endorses, gets behind people frivolously. I have had the pleasure of having two people who I found worthy to fill in for me, or replace me, when I shuffle off this mort al coil or retire, but they went off and got seats elsewhere—t wo of them. And it is my deepest and most sincere hope that Ms. Lindsay Simmons is the third. Thank you, Mr. Speaker. [Desk thumping]
The SpeakerThe SpeakerThank you, MP Simmons. MP Famous. 1264 17 May 2024 Official Hansard Report Bermuda House of Assembly IN SUPPORT OF LINDSAY SIMMONS
Mr. Christopher FamousMr. Speaker, if ever there was time I wished the House had cameras, today would be it. Mr. Speaker, this is the short version of the résumé of Ms. Lindsay Simmons, former Senator. But I am not here to talk about what is on paper, I am here to talk …
Mr. Speaker, if ever there was time I wished the House had cameras, today would be it. Mr. Speaker, this is the short version of the résumé of Ms. Lindsay Simmons, former Senator. But I am not here to talk about what is on paper, I am here to talk about what is in my heart, Mr. Speaker. Mr. Speaker, I walked into Rosa’s Cantina one day to pick up some food and this light -skinned lady said to me, I want to be like you when I grow up. Well, I was kind of . . . I said, How is that? She said, I want to be an MP one day. And she said, I want to be a PLP MP. So I said, Well, it is going to be a lot of work. And she said, I am prepared for the work. And I said, You don’t know what type of work it is going to involve. That was pre- 2020. [In] 2020, she walked through the doors and started to work. And she was perhaps allocated to one of the hardest seats in this Island for a PLP candidate, constituency 12. [It has] 80 per cent OBA support. You know from the outset that you are not going to win that. But she worked it! And she changed the numbers from 80 per cent OBA to somewhere around 70 per cent. That means she increased the PLP’s margin by 10 per cent. Not by any big words or long résumés but by just being herself, connecting with the people. She was unsuccessful, obviously, in that regard. But she was ex tremely successful in that she became a Senator and got to prove herself over the last four years. Mr. Speaker, at the time there was COVID -19. We did not meet in person. But then when we started to meet in person at St. Paul’s church, which is to the north of us . . . every Wednesday that we met the entire caucus was fed by Ms. Lindsay. Every Wednesday for years, up until last week, she was still feeding us. That is the Lindsay that I know. That is the Lindsay that we all know, Mr. Speaker. We could talk about her bein g a foster mother to 20 people. We could talk about one of her foster children becomin g a university graduate. We could talk about her being an adoptive mother. But that is not what we are here about right now, Mr. Speaker. This Ms. Lindsay canvasses constituency 9 for MP Vance Campbell. She canvasses constituency 19 for MP Jache Adams. Constituency 25, constituency 8—I could go on and on! The point is: All of us know when we ask for help, Lindsay is there. She is even there be-fore we ask for help. That is the characteristic of what a PLP candidate, MP, Senator is truly about, Mr. Speaker. Mr. Speaker, as we all know we have differing opinions inside of the PLP. That is what makes us a great party. And sometimes our opinions cause us to maybe not speak to each other for a little while. But then you have moments where the rallying call goes o ut that Lindsay needs help. And Mr. Speaker, I have witnessed in the last two months every PLP MP, every Senator, and many branch chairs rally for Lindsay. They are not rallying for the Leader. They are not rallying for the party. They are rallying for Lindsay. And this weekend, the last four or five days of this particular bye-election we are going to rally again. We are going to go into areas that normally people do not vote for the PLP. But in these same areas these people are saying, Hey, I like Lindsay. I connect with Lindsay. And that is a les-son for all of us. Right? That when you connect with the people, the people will connect with you. So I say to Lindsay, wherever you are listening, to her mother and father, her daughter, her sisters, colleagues in this House on both sides of the aisle, all of us need to take a page out of Lindsay’s book and be there for each other because the time will come when you are going to need others to be there for you. So, Mr. Speaker, I will be brief. On Wednesday we will see history created.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution? MP Caines. IN SUPPORT OF LINDSAY SIMMONS
Mr. Wayne CainesMr. Speaker, I did not anticipate speaking tonight. Something that MP Famous said triggered a whirlwind of emotion and brought back a num-ber of emotions and triggered a number of thoughts that have been swirling in my head as I traversed through my day as I walked. We have a …
Mr. Speaker, I did not anticipate speaking tonight. Something that MP Famous said triggered a whirlwind of emotion and brought back a num-ber of emotions and triggered a number of thoughts that have been swirling in my head as I traversed through my day as I walked. We have a candidate who is almost 90 years old— 90 years old! A former leader of this country. I listened to his ideas. I listened to where he wants to take this country and I thought about it. My dad is 83 years old. He has worked as a senior civil servant. He has raised four children. He and my mother are spending time with their grandchildren. I thought about our National Hero going back onto the pavilion, putting on his pads, putting on his g loves, getting his helmet, getting his bat and coming back onto the pavilion. I think that is an amazing, amazing accomplishment for him. I say, I believe that is an amazing accomplishment for him. His mind is sharp. His body is in strong shape. His wits are about him. He has political acumen. He has intellectual capital. He has public support. He has private support. It is good for him. It is good for the people who support him. I look at this room and I look at the makeup of this room . See, we live in a country where everybody can tell you when you talk to them what you should do.
Bermuda House of Assembly I live in a country when I talk to people about the crises with taxis, everybody has the solution for taxis. How do I know? I hear them; I see them; I listen to them. When we are talking about strategies, things that we need to do for gangs and to stop gang violence, I listen to all the naysayers, the armchair quarterbacks, and everybody in this beloved country has the answers for gang violence. When I listen to what we need to do for this economy, alas, the same people who were experts in gang violence, the same people who were experts in everything else, now, Mr. Speaker, they are experts, they are Keynesians. And not Wayne Caines, but the great economist Keynes. They become experts on the economy. Ah! Look at this room! When we have the opportunity to change it, everybody can tell the 36 people in this room and in the Senate what to do. And let’s be clear, I am appreciative of the voice of the electorate. I am appreciative of the voice of democracy. I believe one man, one vote and each vote having its individual value. I believe that is important. But I believe there comes a time when we have to hold Mr. and Mrs. Bermuda accountable. When I walk down the street and somebody says, Mr. Caines, I have not seen you. Every politician knows what that is code for.
[Inaudible interjections]
Mr. Wayne CainesYou need to get up here and make sure we are okay. You need to come and you need to walk around. And guess what? I have to do more. I am responsible for my constituents. And I am privileged, I am humbled. This is the best opportunity that I …
You need to get up here and make sure we are okay. You need to come and you need to walk around. And guess what? I have to do more. I am responsible for my constituents. And I am privileged, I am humbled. This is the best opportunity that I have ever had to serve. Someone said, Service is the rent you pay to occupy a space on earth. I am aware of that. But let me tell you something. If we want a country that is bal-anced, that hears the voice of everyone, that challenges when we need to be challenged, you have to be present. Are you telling me that we have to rely on Sir John Swan, a P remier in this country for over 10 years, to come back from the pavilion, pad up, and that is what we are saying . . . that this is the best of what we can do? And this is not to be disrespectful at all. I am telling you, when you look in this room we need to start holding each other accountable for being a part of this process. I have friends in international business. They are in the reinsurance industry. And we have the dinner conversations that we all have. And we always get to the same point in this conversation when it goes from being existential and they tell me what we . . . and we know what the “ we” needs to do . Or what you lot need to be doing. And we get to the part of the conversation where I take the licks that are mine. I take the licks that are yours. And I say to them one thing: How can you help with the process? And everybody gets back to the same thing. Oh, I’m not a politician. I’m not ready for this work. Hold on for a second! Let’s talk about the accountability piece. Everybody wants to go to heaven, but nobody wants to die. Everybody wants this political process to work smoothly, to work well, but they are not willing to put any skin in this game. So let me get you straight. We have one White Member of Parliament. I am not making a racial state-ment. I want you to follow me. I am saying [that] if we are to have a democracy that speaks for everybody, somebody has to run and be uncomfortable. Someone has got to stand in this fray and take on and speak for the White members in this community as well. Mr. Pear-man cannot do it on his own. And they deserve a voice in this Parliament. Let me get this straight. With all the Portuguese people who we have in Parliament, [there is] not one Portuguese member of Parliament? Let me tell you why.
Mr. Wayne CainesI . . . I . . . I am speaking from something that I think is deathly important. We are in a country where everybody wants to give credence to their perspective. And I think it is important. But I also think it is important that we all need …
I . . . I . . . I am speaking from something that I think is deathly important. We are in a country where everybody wants to give credence to their perspective. And I think it is important. But I also think it is important that we all need to start rolling up our sleeves and being active. I am going to come back to that for a second because I want to go back to reinsurance, because I am talking about accountability. When we are talking about different things . . . I was talking to a friend and he said to me [that] he would love to be involved in the political process. And I asked him, Why are you not involved in the political process? Do you know what he told me? Our companies do not allow us to get involved in politics.
Mr. Wayne CainesLet’s go back again. We are liv ing in a country where we have over 3,000—3,000 is probably a hyperbole. We have over 1,000 people working in international business and in the main their businesses tell their employees that they cannot be involved in the . . . by being …
Let’s go back again. We are liv ing in a country where we have over 3,000—3,000 is probably a hyperbole. We have over 1,000 people working in international business and in the main their businesses tell their employees that they cannot be involved in the . . . by being members of Parliament. So do you know what that creates? We create people who 1266 17 May 2024 Official Hansard Report
Bermuda House of Assembly do not have a voice. When you do not have a voice, you go back from being an active participant; you become one of the people in the colosseum throwing the meat down for the gladiators on the floor. We need more people involved in the process. We need more people who understand the sacrifice that it takes to serve. When you talk about sacrifice, people often pour scorn on that which we do. Sometimes when you consider the sacrifice that people are maki ng in this, it has to be a labour of love for the people of Bermuda. Because guess what? Financially it does not make any sense. If you see the changes that we need to make . . . the amount of time reading Bills and briefs, listening to people . . . do you know how long it takes a member of Parliament to go to the grocery store to get a loaf of bread? Do you know how long it takes a member of Parliament, literally, to walk around town with his family? Do you know that that phone rings morning, noon and night? WhatsApp messages from every member of this community! And guess what? Try to tell them that [in] their five minutes that you are busy and you cannot attend to their needs in their five minutes. Again, this is not me pouring scorn on that which we do. This is a high calling in our country. But the high calling, a clarion call, must go out to all corners of Bermuda. If you want to see this process being a better process, you have to get involved in the process. I am growing weary of people commenting [on] w hat is wrong with the process when they sit in their homes, they are watching TV, and they get on social media. And the highest contribution that they convey are Twitter fingers. Intellectual twer king. Talking about what they see on talk shows. It is an opportunity for us to tell this country and show this country, number one, this is a place where legislation is made. This is an opportunity where we make the lives of Bermudians better. We all have a role to play. Everyone needs a voice. Everyone needs an advocate. Everyone needs people to [have] an opportunity to represent their voice. We have to tell our kids the importance of service. Not to reflect on a former debate, we just spoke about the tourism industry . . . well, we demonise that indust ry ourselves! And now we expect our own kids to go back? If you look at how we speak about each other, how we behave in here from time to time, why would people want to be a part of this process? We have to introspect and ask ourselves, Do we carry ourselves to the highest standard? Am I doing all that I wish, all that I am called to do for my constituents? Because those are the people who are depending on us. But I can tell you that when I hear somebody say and lament their view of the calibre of the people in this House, I say that reflects more on [them]! That reflects more on [their] cabal and group of friends. Why? Because we have the best and brightest in Bermuda. Everybody cannot say that I am going to just do business alone. Somebody has to work with the Girl Scouts. Somebody has to work with the Girl Guides. Somebody has to work with international business. Somebody has to work with the helping agencies. Somebody has to help with the volunteers. We have too many people sit-ting on the sidelines simply pointing fingers. And the highlight of their life is putting tape down with their names and sitting on the side of the street on May 24 and watching everythi ng go by —metaphorically —because we get caught up in the May 24 piece. I am talking about a society that has made sport out of watching everything take place. You talk to people and if you go to a social event, you go around the world, everybody is doing the Electric Slide and you go in and out. You know what they say when you go to an event in Bermuda? Everybody is on the sideline. Doing what? Watching. We have made a spectator’s sport the mainstay of our political enterprise. When we go to the barber shop, when we go to the hair salon, we have perfected the art about talking about the problem. Get in the race and do something about it! Go to your neighbourhood and be involved. Get involved with this community. That is the only way we are going to make this country better. I have been specifically void of talking about party. I am talking about the need for Bermudians to get off of the sidelines, roll up their sleeves and start to give back to this country in a meaningful way. Because let me tell you what happens. Talk to th e police officer who, after 20 years of being a police officer, when they had the covering of the Bermuda Police Service and they are now retired, they spent all their time having one group of friends, living their life one certain way and now at 55 years old they have to get reintegrated into this community with no friends, with no opportunity to connect with the people in their neighbourhoods. Ask about the gentlemen that gave their lives to this country but did not build solid and meaningful relationships. I am telling you, there are some key building blocks to having a strong society. The first is faith. Those are the things that we were built on. The next is family. Having a strong base of who you are, coming home and taking care of family and our responsibility. The next has to be community. That is the epicentre of who we are. The basis for politics is wanting a stronger and better way of life for your community, for your people. That should be epicentre of this pursuit, wanting to make peoples’ lives better, wanting to sacrifice, wanting to give more to the people of Bermuda. And so when we look at our politicians having to come out of retirement, what that is saying in a cer-tain aspect is, guess what, there is a whole generation that does not even see the benefit of any service, much less political service. There are so many people who are saying it. I cannot be in the game because my profession says that none of us can be involved in politics. Is that fair when you get all the benefits and the vicissitudes that are contained therein?
Bermuda House of Assembly You are telling a whole segment of your populace that they cannot be involved in representative politics, but you have represented ABIC, ABIR, and BILTIR that represent your needs and your business needs, and they should. I understand the needs of the business community. But I am also saying that we have some of our best and brightest who are disenfranchised when it comes to being able to be in this process. There are working men and women who are in this country that, guess what ? When I ask them, they say they do not have the time for it. Not because they do not have the time. I don’t want to do it. They are working too hard to do it. I say to them, My party was built on the working man’s sweat. And we will always make time to hold each other and everybody . . . See, sometimes we try . . . with the American’s they have this conservative and they have this liberal. Right? And I always find it a challenge because people are not that simple. Things are not that simple. We are all not one . . . cut from . . . The phrase that I am using has slipped me. We are not homogeneous in thought or deed. That is it! We are not homogeneous in thought and deed. So we have different perspectives. So our philosophies have to reflect party ideals, yes. But guess what? We are going to have to get people from different walks, people with different strengths to come in and bolster our ranks. I am buoying . . . what I see in the Progressive Labour Party, the youth wing is starting to show verve. They are coming . . . they have always been there. But now you see them getting more active. My cousin, MP Famous, he actually is 100 per cent correct. The greatest benefit that I have gotten personally from this bye- election is the comradery that is reinforced with our party, everybody going out together, having a laugh, standing around afterwards, taking pictures, being on the doorstep together. When I go on the doorstep with my colleagues and people are giving us praise, we take it together. When I am on the doorstep and they are giving us lashes, we take it together. When we are coming up with solutions and giving them guidelines, talk to this Minister, give him a call. That reaffirms that this is why we are doing it. And I am grateful to this process because sometimes, Mr. Speaker, you get weary. You ask your-self all of the questions as to why you are doing it. I have been able to, through this process, meet some really nice people. Going back into my constituency. It is that catalyst you need to know that our country not only needs you, they value you. Sometimes you need to test and adjust your position. I am not a sailor, but I know sometimes when you are sailing the wind is not going in the direction and when it changes, you have to adjust your tact, let out your mainsail or cut your jib. And guess what? It allows you to find a different course so you can get the right direction and pick up the wind speed. I think this election is significant. I believe that Lindsay is a fit and proper person to accept the respon-sibility for the seat in which she runs. Like what has been said earlier, she is fastidious in her discipline, her work ethic. She loves this country. She works hard. In the absence of politics, she is a model citizen that gives back to this country, that loves the people of this country. And what are we rewarding? Is this a prize of popularity? Is this for self-aggrandizement ? Is this for enriching o neself? No! This is for the work, the benefit of the people of Bermuda. She exemplifies that in great measure. And if she is given that opportunity . . . because guess what? Sometimes we take what we believe is pedigree and we hold them up and put them up on a pedestal. And when they come into this room they do not live up to those expectations. When it comes time for them to go out to visit those people w ho need us and require us and depend on us, they do not do it. She is no such person. Yes, she will be a person who will work this role by the sweat of her brow. She will answ er the calls. She will be there. And that is why we have to do everything in our power to get people like Lindsay in the process. Why? Sometimes you need new thought. Sometimes you need new attitudes. Sometimes you need new perspectives. All of us at times need to be challenged, to be hel d accountable. That is what new ideas bring. If you look at Russian politics, when they take out the objectivity and democracy, what do you get? The same thing over and over and over again. This country needs to understand that it is too easy to find the role of the armchair quarterback. We need more Bermudians to stop hailing up divisiveness, stop lauding the mistakes and to roll up their sleeves when they are able and when they have the opportunity and to get involved with this country’s leadership. We need to see more Portuguese Bermudians in this House representing the Portuguese community. There needs to be more White Bermudians in this House. Why? Because everybody has to put skin in this game. Everybody has to work hard for this country. And we all must roll up our sleeves and stop simply pointing our fingers and get involved, not only in politics, in service, in community, to make our country a better place. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Would any other Member wish to make a contribution at this time? MP Swan. IN SUPPORT OF LINDSAY SIMMONS
Mr. Hubert (Kim) E. SwanYes, Mr. Speaker. Mr. Speaker, May 24 will be the holiday that we will celebrate this year and they say the clock will stop on six o’clock twice. So, it is stopping on May 24. My good friend, Minister Weeks, and I always have a good chuckle as to the …
Yes, Mr. Speaker. Mr. Speaker, May 24 will be the holiday that we will celebrate this year and they say the clock will stop on six o’clock twice. So, it is stopping on May 24. My good friend, Minister Weeks, and I always have a good chuckle as to the significance of May 24. It is an anniversary week, as I will start off by saying an early Happy Anniversary to my darling la’cinda marina as we plan that day. So, we always had a holiday around the 1268 17 May 2024 Official Hansard Report
Bermuda House of Assembly anniversary. But [Minister] Weeks took care of that for me. But for good reason. [Inaudible interjections]
Mr. Hubert (Kim) E. SwanFor good reason. And we have a good chuckle about it. [Inaudible interjections]
Mr. Hubert (Kim) E. SwanLast year on the holiday, the Bermuda Day holiday, we were greeted with some of the most inclement weather for a festive occasion that you could ever have imagined. And to the credit of the Minister responsible for (at that time it was Youth, Culture and Sport) now Tourism, Culture …
Last year on the holiday, the Bermuda Day holiday, we were greeted with some of the most inclement weather for a festive occasion that you could ever have imagined. And to the credit of the Minister responsible for (at that time it was Youth, Culture and Sport) now Tourism, Culture and Sport, Senator the Honourable Owen Darrell, the decision was made that the show must go on. And to his credit I will say this, he has unashamedly always said that it is the most favoured holiday of t he year for him. Having been one who sets up camp . . . I think a couple of weeks ago I was walking [and] I saw some silver tape on Hamilton and I noticed that, Boy, some folks have got their spot already down there on Court Street as you turn the corner.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanSo it is a very important holiday for many Bermudians. A lot of younger people probably would not realise that the Bermuda Day holi-day was something that grew out of the actual Pitt Report during the periods when Bermuda had some riots in the 1960s and 1970s and social scientists …
So it is a very important holiday for many Bermudians. A lot of younger people probably would not realise that the Bermuda Day holi-day was something that grew out of the actual Pitt Report during the periods when Bermuda had some riots in the 1960s and 1970s and social scientists evaluated Bermuda and came up with some recommendations that would help shift the paradigm of Bermuda and make Bermuda more in tune for Bermudians. And so at that particular time, I believe it was during the early 1980s, the Bermuda Day holiday was introduced. Funny enough around that time there was a person who was leading Bermuda at that particular time, [who] shall remain nameless, don’t have to call his name. He was the longest serving Premier. Actually had 30 seats, just like we had today. A lot of people do not realise that the former Government of the day had an overwhelming majority in the House. And that overwhelming majority was deliberate because the Government of the day in 1983, the election that I ran when I was 25 years old, won 24 seats. At that particular time it was 24 to 16; there were 40 in the House. And the gentleman who was leading the country saw division within the Bermuda Industrial Union and actually was able to get some of those persons to actually move in his direction and support him. Yes. And he saw an opportunity and he pounced upon it. And the PLP went down to seven members, Mr. Speaker. And the Government of the day had 30 seats. Yes. And I have said this before when I looked across, and today I am happy to see the Opposition Leader and another Member in their seat, but there has been a lot of Fridays in here when the Opposition with their five or six Members made themselves deliberatel y absent from the House, did not speak on the motion to adjourn and relied on the Royal Gazette, relied on ZBM to ask all the questions, and wonder why Lindsay Simmons will win this election on May 22.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanBecause at some point in time people have to realise that it is about making a commitment to people. Making a commitment to issues. Being consistent. Not just saying what people want to hear or not just coming up with an argument. Earlier today, not to reflect, it was crystal …
Because at some point in time people have to realise that it is about making a commitment to people. Making a commitment to issues. Being consistent. Not just saying what people want to hear or not just coming up with an argument. Earlier today, not to reflect, it was crystal clear, the difference between the concessions that are available for hotels today and the way in which hotel spaces were eroded in this country between 1980 and 1998. It is no secret. Persons saw a different op portunity in business and encouraged people to move away from renting their houses as guest houses and the like and leased them out to persons who would guarantee them an incentive. Well, how would they do that with incentives? Well, they would . . . some of them prepaid their rents in sufficient enough time, in sufficient enough months that they could make a balloon payment on their mortgages. Because back in 1980 mortgages were only handed out around election time and they were very sparingly given. And at that particular time, during those particular days, there were a lot of things that were done deliberately to curry favour.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanAnd I hear people . . . look. I’ve said it before. I’ve seen, Mr. Speaker, where we have a commission of inquiry. But I know, and I would encourage anybody who wants to really look at history, I mentioned that persons who come to Bermuda from overseas to look …
And I hear people . . . look. I’ve said it before. I’ve seen, Mr. Speaker, where we have a commission of inquiry. But I know, and I would encourage anybody who wants to really look at history, I mentioned that persons who come to Bermuda from overseas to look at Bermuda whether or not they be representing governments from the UK or not, to look at the history, look at the actual historical connections of persons. I remember when most Black people in the early 1980s put their money in deposit companies. When two deposit companies were very popular in this country, and they did not have banks, I remember a young man (then) had a bank charter that he got as a consequence of being good friends with the Opposition Leader, Mr. L. Frederick Wade, and the PLP voted to issue a bank charter to a sitting member! And that sitting member sold that bank charter to a former Premier and a former Finance Minister whose company also owned the bank charter. I am not making this stuff up!
An Hon. Member An Hon. MemberAnd did it in a hurry! Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: And I am here to tell you. And if anyone were to look at the connections, the business connections between contracts up and down this country, starting in St. George’s, go all the way and …
And did it in a hurry!
Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: And I am here to tell you. And if anyone were to look at the connections, the business connections between contracts up and down this country, starting in St. George’s, go all the way and look to see how those connections manifested with persons who held positions in Cabinet today. Listen, I have been one who no matter where I have stood in life, I have always been able to look and speak about institutional racism and how it manifests itself. One thing I appreciated and learned was when you wear the pin of PLP, people would automatic ally assume the very worst of you at the very least. And go out of their way to say things about you, even if it wasn’t true. And if it is written in the Royal Gazette it has got to be true, they would say. I have seen lies written and persons believe it because that is their culture of socialisation. I am here to tell you today, Mr. Speaker, that I believe that Bermuda would be well -served with the Progressive Labour Party come into Parliament after May 22 with 31 Members. I would say that based on the résumé of a young lady whose life experiences has been one of service. Not to be on a board. Not to be one who is going to say, Listen, we need to do that and by the way, that person is going to be on a share register somewhere else. Because that is the way it has been in this country for centuries, for decades. I mean, you all know it to be true. I am here to say that this young lady who went to Berkeley who received the Paul Harris [Fellow] Award for foster care, who received the Queen’s [Cer-tificate and] Badge of Honour in 2018 for foster care, who was the [2024] Foster Parent of the Year, who made sure that Angel Tree gifts for children in foster care and Big Brothers [Big] Sisters things, initiated charity for [a] drinks programme who are doing things in the community as we speak, is fit -for-purpose to be in this House. Why? Because you know not too often do you get people getting up in this House and talking about the social problems of this country, talking about the children who are at risk, talking about the murders that have taken place in this country, or some of the violence that makes it a very untenable for some families in some communities in this country. This lady is fit - for-purpose to walk into any one of those communities today and curry favour and to be able to assist us in this country to move forward. And 31 seats would be an opportunity for the Opposition. We need an Opposition! I am the first person to tell you! But you do not need an Opposition who does not want to be here or a Friday afternoon. No! I would sooner have a Lindsay here with us. Someone who is going to tell you what time it is. Someone who knows about how to go out and raise money. [Someone] who knows that you can put at CedarBridge and be able to walk those corridors and curry the respect; someone who works in the community; someone who is prepared to think outside the box. Mr. Speaker, I am here to say in the spirit of Bermuda Day, let’s take this opportunity on May 22 to set the tone for May 24. The spirit of togetherness in this country, the way in which we are going to go in this country and deal with some of the social i ssues. It is going to take people who have a passion and a commitment to do it. It is going to take people and persons who are connected with the very community we are trying to heal and fix. I have always been one who had a soft spot in my heart for persons who are not only prepared to speak on social issues but to live it. There is a difference. And let me say this: You know, the most successful economic boom this country has ever experi-enced took place under a previous PLP administration, post the period of the great recession. Before that . . . and you know what, Mr. Speaker? Before that recession we had a very buoyant economy. And we are seeing this country make its recovery. We are seeing this country concentrate on getting more tourists in this Island between November and April. And we know t hat we have to do this because the opportunities that exist are with the unsold inventory that we have in hotels during that time period. We just do not have the beds to fill out. We have successful events with SailGP. I declare my interest. I am the offspring of John Anderson. I am the offspring of Charles Roach Ratteray. I grew up around the water. Nearly got lost at sea with Chesley Trott so I committed myself to the land.
[Inaudible interjections and laughter ]
Mr. Hubert (Kim) E. SwanIt’s true. Ask any of those boys up White Hill. I was a fisherman’s grandson. His beloved. Took him through the Town Cut at age three to watch his cousin, Gladwin Lambert, sail for the first time in the Comet Race, unbeknownst to his mother who left him home with …
It’s true. Ask any of those boys up White Hill. I was a fisherman’s grandson. His beloved. Took him through the Town Cut at age three to watch his cousin, Gladwin Lambert, sail for the first time in the Comet Race, unbeknownst to his mother who left him home with her mother. John says, Come with me. Stop crying. And we went through Town Cut. So, I love the water. But the sea can teach you lessons, lessons like we still need to be taught by persons who do not value the working folk of this country by their deeds! Money doesn’t grow on trees. We have social issues. My colleague, Lindsay Simmons, understands those social is-sues. My colleague, Lindsay Simmons, has lived amongst people, has worked to help people, wants to give her life even further in that of service. I am calling on those good pe ople in [constituency] 10 myself. I have been hobbling around for the last few months, fighting old injuries. But if I can convince one or two more folks to look at Lindsay, look at the service that she has to offer, how it can benefit not only that community, but community at large. The benefit that she could provide for the Minister responsible for Workforce Dev elopment, the support that she could provide for the Minister of Edu-cation, the support that she could provide for the Minister responsible for Youth and Seniors, the support that 1270 17 May 2024 Official Hansard Report
Bermuda House of Assembly she could provide Minister Tinee Furbert, responsible for Seniors and Social [Development] and Financial Assistance. The support that she could provide in National Security for my good friend, Minister Weeks, and the like. I say the opportunity in Bermuda is to say that Lindsay Simmons is the person for the job. Lindsay Simmons is more than just the only lady on the ballot. She is the best person to represent this country [in] such a time as this. And I look forward to doing whatever I can to help her. Because you know one thing I know? It is that no matter what, as long as the good Lord blesses her with good health and strength, she will continue to serve in the way she has always served, for the rest of her days. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does . . . Opposition Leader. Would you like your 20 minutes? Hon. Jarion Richardson: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. IN SUPPORT OF ROBERT KING CANDIDATE FOR CONSTITUENCY 10 Hon. Jarion Richardson: Yes, Mr. Speaker, as we approach the eve of the bye- election, when the voters of Bermuda will determine who else will sit here amongst us and participate in our debates and engagements when they …
Go right ahead.
IN SUPPORT OF ROBERT KING CANDIDATE FOR CONSTITUENCY 10
Hon. Jarion Richardson: Yes, Mr. Speaker, as we approach the eve of the bye- election, when the voters of Bermuda will determine who else will sit here amongst us and participate in our debates and engagements when they will join in the process of legislating, but not just that. The process of representing and working toward the interest of Bermuda. As we stand here on the eve of that bye- election I am really looking forward to it, Mr. Speaker. In that regard I agree with a few of the previous speakers. I think that elections are so key because it is an opportunity for the electorate to speak. They do not always get that chance to speak loudly and clearly. And I look forward to the voters speaking about the candidates who are putting themselves forward to join us in these hallowed halls. Specifically, Mr. Speaker, our candidate, Robert King who lived through quite a lot in experiences. We have an opportunity in this bye- election to look at more than a few people who have contributed to Bermuda mightily. Specifically for Mr. King, his char itable work in the Committee of 25, has been quite helpful in our debates at caucus and assisting us in developing policies and things like that. He is a person who cares deeply about Bermuda and the future of Bermuda. And comes from a family of that background where he was taught at a very young age to contribute, that service matters. And to that end he stepped forward and left other opportunities to make sure that he can serve his community even more than he has already done. He was a shop steward and a division [chairperson] in the BPSU [Bermuda Public Services Union] and so it is always quite helpful to have someone like that sitting in the room because one of the things we do not want to ever do . . . I can speak for myself and my honourable colleagues in the One Bermuda Alliance. We hate to represent a single voice or perspective. We think that the diversity of Bermuda is key to our success. So, having as many different types of voices in the room, giving as many different k inds of perspectives is quite important. And to that end I think that is why he is going to be an invaluable contribution to the House of Assembly, to add that additional voice and that experience. His experience in the Department of Court Services as a probation officer, he did something, Mr. Speaker, that always catches my ear. As a former pro-bation officer, he speaks about those whom he works with as colleagues. He speaks about the persons who are going through probation services as clients. He is trying to make the best or to provide a person with the best opportunity to reintegrate themselves into our society. He is working very, very hard to make sure that when a person is down on their knees an d out that they are able to be educated back into society, reintroduced into society, become . . . because the things that are important, that are most important to our society, are not the things like commercial gain. A person cannot be measured by what they own. They can be measured by what they do. And to that end he is always trying to make sure that people who he calls clients , are in a position to offer their best to themselves, to their families and to their country. I think that is just incredibly admirable. I think that this takes more than most people have. And to that end I am really looking forward to Mr. King joining us in this Honourable House and assisting with our debates and our deliberations.
BERMUDA DAY CELEBRATIONS AND ROAD SAFETY Hon. Jarion Richardson: Mr. Speaker , shifting gears, I also just wanted to say a very happy Bermuda Day when it comes up. May 24 is a seminal event in the Bermuda calendar. I can only speak as a young boy growing up and running toward the water to break the ice with all my friends and laughing and hollering and pushing each other around. Going and visiting family, going to the barbeques, it is a great chance to catch up. It seems like the whole world revolves around May 24. Like the year starts on May 24. I can think about all the hard work that people have put forward to make sure that Bermuda Day is a special day for all of us. Those folks who put together that parade, who put together the floats for the parade, the folks who weeks ahead of time put out ta pe to line the sidewalks, those folks with those camps are doing just as much to signify the
Bermuda House of Assembly importance of Bermuda Day as the folks who are actually running around on the floats. I am really looking forward to . . . I have a family member visiting from the US, coming down. And I can-not wait to introduce her to Bermuda Day. I cannot wait to introduce her to that energy, the vibrancy, that . . . how everyone cares about each other on Bermuda Day. How everyone laughs and the music is loud and everything just seems to be a celebration of all the things Bermudian. And for all of our challenges that we face, for all of the political bickering that can take place, it seems as if [on] Bermuda Day it all just fades away. And we get back to the most important parts of our culture. The parts that say I am Bermudian and you are Bermudian. The parts that say We are more alike than we are dissimilar. The parts that say that I can’t wait to tell you what I have been up to. I haven’t seen you in ages. And of course, to end the day safely. To that end, I would urge . . . I note that MP Lister is not here, so I will probably . . . I will pre -empt him in his work on the Road Safety Council by saying, Bermuda, we have to be very, very careful during this public holiday. Our road conduct, as it is right now, is simply deplorable. We have to be so careful when it comes to our drinking and our conduct, drinking and driving, how we handle ourselves on the roads. So please, please, please be careful. Please, please, please take care of each other. I look forward to seeing everybody on Bermuda Day and I look forward to us coming out of the end of this holiday being an even more . . . being a better community than we went into it. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Opposition Leader. Minister Hayward. Hon. Jason Hayward: Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerGood afternoon. IN SUPPORT OF LINDSAY SIMMONS Hon. Jason Hayward: Mr. Speaker, I beg your indulgence so I can read a piece of an article that was fea-tured in today’s newspaper.
The SpeakerThe SpeakerGo ahead. Hon. Jason Hayward: I quote, “ No person should be allowed to live in poverty while others prosper. No persons should be allowed to exploit other people for economic gain. This disparity affects not only the legitimacy of our democracy, as those with wealth are able to use …
Go ahead.
Hon. Jason Hayward: I quote, “ No person should be allowed to live in poverty while others prosper. No persons should be allowed to exploit other people for economic gain. This disparity affects not only the legitimacy of our democracy, as those with wealth are able to use the system to their advantage, but it further disgraces the very essence of what it means to be human. “We are all equal. And we all deserve to be treated as such. None of us exist alone. We depend on each other to survive. Therefore, all of our successes, just as our failures, must be shared together as one society, as one people. As a result, each and every one of us has the responsibility to repair the injustices of the past and present, and fight for equality, [specifically] the economic equality of all. ” That was from a young Minister Crichlow. A young member of our society who is doing awesome things in terms of charity and representing the ethos of social justice. Mr. Speaker, would you allow me to read another clip from the Royal Gazette?
The SpeakerThe SpeakerProvided it is brief. Yes. Hon. Jason Hayward: And it reads, “When we gave minimum wage , we didn’t give it just to Bermudians; we gave it to foreigners, too, and they send their money home,” . . . “That was the dumbest thing I ever heard of . . …
Provided it is brief. Yes.
Hon. Jason Hayward: And it reads, “When we gave minimum wage , we didn’t give it just to Bermudians; we gave it to foreigners, too, and they send their money home,” . . . “That was the dumbest thing I ever heard of . . .”.
[Inaudible interjections]
Hon. Jason Hayward: From a National Hero, Sir John Swan. You see, Mr. Speaker, the difference between a young Bermudian in our society and the way he is thinking and the elder statesmen of our society who thinks in the way of the past. It seems as though it is fine to economically exploit workers for the economic gains of others. How could anyone support an individual in this day and age with that mind- set? Especially when we think of how far we have come in Bermuda. How far we have com e on the spectrum of ensuring that there is equality in Bermuda. You see, the individual may be a National Hero but those comments are troubling and shameful. The other thing that has proven to be a reality is when Sir John Swan entered the race he has doubled-down on his position that he has no favour for the Progressive Labour Party but he has also instituted a new position which is he has no confidence in the One Bermuda Alliance and what they represent. And I have been canvassing and the reception on the doorstep has been relatively favourable. But I did meet an individual who said, The PLP is doing a lot of good work, but we need an Opposition. Mr. Speaker, we need individuals with the right mind -set. Individuals who support equality. Individuals who support labour protections, social justice, social protections. Individuals who are committed to ensuring that we have the best policies in place for the people of this country so we can progress society. Opposition for opposition’s sake simply is not good enough for 21st century politics. Diversity for diversity’s sake is simply not good enough. We need people with the right minds and the right hear ts.
An Hon. Member An Hon. MemberYes. 1272 17 May 2024 Official Hansard Report Bermuda House of Assembly Hon. Jason Hayward: And that is why I fully support former Senator Simmons. She has demonstrated that her heart is in the right place. She has demonstrated through her actions that she cares about the youth of our …
Yes.
1272 17 May 2024 Official Hansard Report
Bermuda House of Assembly Hon. Jason Hayward: And that is why I fully support former Senator Simmons. She has demonstrated that her heart is in the right place. She has demonstrated through her actions that she cares about the youth of our community to the extent she brings young people into her home so that she can raise those individuals and provide them the support they need to develop into productive members of our society. That is the mindset, the heart, that we need. Mr. Speaker, the Opposition Leader can paint a rosy picture of their candidate, Mr. King. But, Mr. King will be attached to a vessel, a party that has demonstrated that it simply does not care. And they had an opportunity in Government. They have a few records, like t he shortest serving Premier ever. And they have records as it pertains to the highest level of labour dis-putes in a five- year period in Bermuda’s history. Mr. Speaker, when the OBA was in power you had people marching up and down Bermuda crying for equality, crying for jobs, crying for justice. Thousands, thousands of persons marching. You had public serv-ants marching against the Opposition because they wanted to continue with salary cuts after a public service ably assisted them with furlough days. A lack of integrity . . . a lack of integrity was demonstrated through their period in Parliament. PLP is the party for youth. We are the party for workers. We are the party for seniors and we have demonstrated that. Minister Darrell rolled out a scheme today which would increase summer employment opportunities for over 800 additional kids. We have ex-panded child day care allowance so hundreds of families can benefit. We have extended labour rights in Bermuda . We have extended social protections. We have supported our seniors. We have increased the pension that our seniors receive. You see, all of this is part of our social justice ethos. All of this is a fabric of who we are as the Progressive Labour Party. [Inaudible interjection] Hon. Jason Hayward: An individual from the other side of the aisle said, But our people are leaving . Well, Mr. Speaker, I recall in 2016 standing at a Labour Day and giving a speech regarding our people leaving, re-garding the conditions that workers were in at that time, regarding alarming unemployment rates that were in Bermuda. We now have an unemployment rate that is 2.5 per cent, the lowest since 1980. Can the OBA find an unemployment rate during their time that was even under 5.0 per cent? They can’t. So while it is easy, like MP Caines says, to point fingers and criticise, the Opposition Leader can stand to his feet and say, Mr. King has been integral in the policy work that we do within the party . What policies, Mr. Speaker ? The OBA has brought nothing to the table. They have brought no solutions for us to imple-ment. They refuse to work in a bipartisan way on a multiple number of initiatives. They brought no Bills to the House of Parliament. [Inaudible interjections] Hon. Jason Hayward: Mr. Speaker, if somebody wants to make a meaningful contribution to Bermuda and progress Bermuda the best option is for them to be part of the Progressive Labour Party. This is the party where we have a group of people that meet every Mon-day to talk about how we can make Bermuda a better place. This is the party where we have individuals meeting every Wednesday to discuss policy and talk about how we can make Bermuda a better place. This is the party that is out on the doorstep, knocking on doors in every community, not just the community that the bye- election has been called in. This is the party that has consistent constituency clinics on a weekly basis. This is the party that the OBA is trying to emulate when they begin to have their clinics and things of that nature. [Inaudible interjections] Hon. Jason Hayward: And it is true, the Opposition says— [Inaudible interjections]
Hon. Jason Hayward: Yes, trying to be like you. And it is correct. Scott Pearman wants to be where I currently am! [Inaudible interjections and laughter]
Hon. Jason Hayward: He wants to be running a country. But, Mr. Speaker, it takes more than want and wishes. It takes work. It takes connecting with the people. It takes putting initiatives in place that will secure you the vote in the next election. Mr. Speaker, I have six minutes and twenty seconds on the clock. If I started to go through all the positive things that my Ministry and this Government has done, I will run out of time. I would run out of time because there is a plethora of things that we can stand behind. There is a plethora of things that we can be proud about. Mr. Speaker, we were told that the Progressive Labour Party can’t manage the economy. The economy is doing extremely well and the rating agencies have doubled down on their position as it pertains to our governance, our policy work and our plan for the future. I am in meetings now. I am in meetings now, talking to individuals who have plans to expand their operations in this country. You see, we have a business ecosystem that is allowing businesses to thrive. Whether the Opposi-tion likes it or not, that is the fact. That is the reality. And we know as a party that we have more to do and we
Bermuda House of Assembly are committed to doing it. We want health care which is accessible and affordable for all and we are making meaningful steps to get there. We want to ensure our education system puts persons on pathways to success at an earlier age and that is why we are going through the task of reforming our education system. We understand the cost of living is high. That is why we are going through efforts to amend our tax system to ensure that persons increase their purchasing power. Mr. Speaker, elections matter. As I walk this community, people are proud of the work that the Progressive Labour Party has been doing. Are we perfect? No. And our constituents remind us that we are not and they identify where we can improve, where we can progress. And we take on those considerations and they form part of our work plan for the next fiscal period or the next year. We understand that persons are having challenges with housing and we are working on plans as to how we expand our housing invent ory. When challenges are raised, it is the Government ’s responsibility to be responsive to those challenges. And, Mr. Speaker, we have and we will continue to be. There is no doubt in my mind that when the Progressive Labour Party formed over 60 years ago it had a vision for not only political leadership but how the country would need to progress. The aims of the Constitution then are the aims of our Constitution now. We have never waivered from our aims. We have never tried to remodel ourself or rebrand ourself or remake ourself into something we are not. We have remained consistent. The fruits of the labour of those who ran in the 1960s, 1970s, 1980s . . . it is ou r responsibility as the current set of Progressive Labour MPs to carry on the baton and to bring like- minded individuals along with us to the future so that the Progressive Labour Party can enjoy another 50 years of progress. We have come a long way to get to 30 seats in the House of Assembly. We are going to have to fight to maintain governance, but we know with a strong connection to the community, with putting the right policies in place, with providing the people of this c ountry with a clear vision, they will continue to provide their support for the Progressive Labour Party. They tried (the other guys) recently and it simply did not work out in their favour. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister . Does any other — MP Pearman.
Mr. Scott PearmanI saw the look in your eye and that you wanted to head home. I apologise.
The SpeakerThe SpeakerWell. IN SUPPORT OF ROBERT KING CANDIDATE FOR CONSTITUENCY 10
Mr. Scott PearmanMr. Speaker, my, my, my. You get the sense that there is an election coming— and perhaps not just the one on Wednesday. I don’t usually speak on the motion to adjourn, but as the last six or seven people have all been party political broadcasts, I thought I might …
Mr. Speaker, my, my, my. You get the sense that there is an election coming— and perhaps not just the one on Wednesday. I don’t usually speak on the motion to adjourn, but as the last six or seven people have all been party political broadcasts, I thought I might stand up and do my bit for this side of the room. I will draw specific exception there. I almost wanted to get up after MP Caines spoke earlier in the debate because I think what he had to say about tourism, and indeed what he then had to say about service in the motion to adjourn speech that he made to this Honourable House, both of them were profound observations and they resonated greatly with me. As today is a day of apologies for me, let me apologise to MP Caines because I do not wish to say nice things about him and then put him in any trouble with the other side of the House, but what he had to say was absolutely spot on. There are not a lot of people who step forward to do this role and most of the time when you bump into people in the street (you, me, whoever it may be, Mr. Speaker, any of the 36), the expression is, Better you than me. Or, I am glad you are doing it, but I wouldn’t . And that is a shame. And I think when MP Caines spoke to the situation where people who are in our predominant industry, the international business industry (which is the one that is keeping this Island afloat at the moment), when they are being told by the compani es for whom they work that they cannot involve themselves in politics, that they cannot stand—notwithstanding they are Bermudian—that they cannot come forward and stand for Parliament, I think something has gone wrong somewhere. And let me make this . . . and I say this in the nicest possible way. And I don’t criticise, but I had to step off a charity recently because I am an MP. And I just don’t understand. That to me seems absolutely wrong that charities do not want Members of Parliament on their board. It just seems like we have taken the whole thing a little bit too far. But back to the party political broadcast —and I very much hope it doesn’t become the practice of this House every time we have a bye- election for everyone in the room to feel the need to stand up and endorse the particular candidate that is running on their party ticket. I cast my mind back to the last bye- election to see whether there were any speeches given about the PLP candidate, Mischa Fubler, on that occasion. And I don’t believe that there were. Which begs the question why we have heard a series of speeches on behalf of the current PLP candidate. But, Mr. Speaker, I am going to demonstrate how we are different on this side of the aisle from those who spoke on behalf of the PLP candidate before me. I am certainly not going to say anything negative about the PLP candidate, though some chose to say 1274 17 May 2024 Official Hansard Report
Bermuda House of Assembly something negative about our candidate and took swipes at him. I think that is really unfortunate because as MP Caines rightly observed, it is the electorate who will decide and we must appreciate the will of the electorate. It is not for us to sit here and say —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER
Mr. Christopher FamousMr. Speaker, we are a party. Our middle name is Labour. The OBA candidate attacked Bermudian civil servants. We must defend them. Thank you.
Mr. Scott PearmanI am afraid that MP Famous (not for the first time) is mischaracterising events. Anyway, I am not going to go low. I am going to go high. And I am going to go high by just touching on a few points. Some of them have to do with the …
I am afraid that MP Famous (not for the first time) is mischaracterising events. Anyway, I am not going to go low. I am going to go high. And I am going to go high by just touching on a few points. Some of them have to do with the OBA candidate, Robert Ki ng, who obviously we endorse and I endorse personally. But some of them have to go more broadly and touch about some of the matters that MP Caines rightly raised in his speech. The Honourable MP for constituency 14, talked about the importance of those of us in this House understanding the problems that we are facing with our gang issues and understanding our youth. I entirely agree with those sentiments and I endorse him and support him in mentioning that. That is absolutely true. And it is fortunate therefore, perhaps fortunate indeed that Robert King not only trained as a criminologist but worked with our disaffected youths for some 25 years in the system trying to get people who had fallen by the wayside back on track, trying to lift up, trying to help, trying to guide, trying to do better by his fellow Bermudians. And I noted that MP Kim Swan, when he spoke in favour of the PLP candidate, observed how she works in the community. No doubt she does. But so too does he. And it would be wrong to imply that he did not. He talked about passion and he talked about commitment. Both of those words passion and commitment are words that I would attribute to Robert King. Of course, what I have to say isn’t what is relevant. It is what the voters of constituency 10 have to say about it. But I think that that is a man who has demonstrated through long years of service . . . and to echo again the speech that was given a few speeches before me, this job is about putting service before self and that is not always easy because we are humans and we are frail and we have our strengths and our weaknesses and our egos. But it is about putting service before self. And whenever we in this House, this Honourable House , remind ourselves of that, we do ourselves a favour. And we should as MP Caines said work to support each other in that regard. And also to call each other out in that regard, which is why I would point out that if those who speak after me wish to comment on the bye- election, perhaps they can do so in a way that supports the person they are rooting for without belittling the person on the other side. Turning back to Mr. King, he is without doubt an honourable man. And I note that he quit his job, taking a great risk, in order to seek, to merit, election to this Honourable House. And not everyone would take that risk for something they so deeply believe in. As one of the speakers earlier, who I have already commended, said, it is very difficult to get Bermudians to step forward to try to do this job. So when they do, no matter what colour their T -shirt may be, I think we should support them and commend t hem. And I do. And I would say the same (for what it is worth) about the third- party candidate. I know someone earlier took a swipe at him as well. I think if you are 87 years old, and I don’t mean the Honourable Member for constituency 14, in case that was misunderstood. I certainly don’t mean that. But if you were 88 years old, soon to be 89 in July I understand, and you step forward because you believe you have more to give back to Bermuda, well good on you. So let us not try and tear each other down but let us bring each other up and then realistically let us let the voters of constituency 10 decide who it is they wish to have represent them in th is Honourable House. Again, it is about service before self. It is about trying to identify the solutions that Bermuda so desperately needs. It is about accountability and, yes, it is about hard work. It is about our future. It is about delivering solutions. In my view, Robert King is a genuinely nice guy. But more importantly, he is a nice guy who will serve the people and serve them well. I don’t actually need to say anything more about him because what he has done already in his life, whether he wins or loses on Wednesday, speaks volumes about the man he is. So I wish him well. But obviously it is not my wish that matters. It is the voter s of constituency 10, and I wish them well in the person that they choose on Wednesday. Lest this now sound like a party political broadcast that I just criticised, let me turn and more importantly to wish anyone who is still listening on this Friday afternoon a very happy and blessed May 24 because it is the best of times where Bermudians come together and see the best in all of us and each other. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, MP. Does any other —Minister Weeks. IN SUPPORT OF LINDSAY SIMMONS Hon. Michael A. Weeks: Thank you, Mr. Speaker . Mr. Speaker, there are two things that are going to be happening, two important events that will be happening before we sit again on the 31 st of …
Thank you, MP. Does any other —Minister Weeks.
IN SUPPORT OF LINDSAY SIMMONS
Hon. Michael A. Weeks: Thank you, Mr. Speaker . Mr. Speaker, there are two things that are going to be happening, two important events that will be happening before we sit again on the 31 st of May. The first thing, the [bye -]election next week in
Bermuda House of Assembly constituency 10. Mr. Speaker, the candidate that we have chosen to represent the PLP in constituency 10, it couldn’t have been a better person. I first met Lindsay Simmons . . . well, soon to be MP Simmons, I first met her when she became a Senator. And I was always taken aback by her heart, her drive, her genuineness to help anywhere she could in our party, help anywhere she could in the community and do what she can to make Bermuda a better place. So when we talk about someone that has the integrity, has the honesty, has the drive, without titles because these things that I have seen her doing, she was doing before she had any title to her name or looking for any kind of political seat. So my suppor t goes behind her. The party has really chosen a great candi-date who is going to serve her community from her heart. She has got a proven track record, Mr. Speaker . So as we approach the day on the 22 nd of May, we will do all we can to help her in what she needs to do in order to become successful. She has worked hard. Her party has worked hard. We have been out there on the doorstep. We have heard nothing but positive things about her and what we have been doing as a party, as colleagues, as MPs, as fellow Senators, has been helping her every step of the way and she does it with a smile. She is out there canvassing every single day. She is always looking to help in our various communities and whatnot, so I am looking forward to wel-coming her when we return to this Honourable House at the end of May as MP Simmons, Mr. Speaker . I firmly believe that that is what will happen and we all look for-ward to it. To have that 31 st person representing the labour in this country and the people that so want for us to continue to doing what we want as workers for the people.
BERMUDA DAY CELEBRATIONS
Hon. Michael A. Weeks: Mr. Speaker, the second thing that will be happening before we return in May is Bermuda Day. Some of my colleagues refer to it as 24 th of May, but worked hard to change 24th of May to Bermuda Day. Mr. Speaker, I have been given the task by the Honourable Premier as the Minister responsible for National Security, so I am here on my feet today to talk about unity in our community when we are celebrating this Bermuda Day. Mr. Speaker, this is a time for us. This is really a time for us to come together as a country and not show each other but show the world what it is like for a community to truly come together. So I am calling for community responsibility, calling for community involvement, Mr. Speaker . All of us have to do our part to make sure that we look out for each other and that we do what is necessary to make our Bermuda Day one to remember. Mr. Speaker, we have talked about the history of Bermuda Day. We have talked about the various activities that we have on Bermuda Day and we talked about what it means to us. At this time, we are trying to implore our community that in order for us to enjoy Bermuda Day we all have to take that responsibility and we must do what we need to do to make sure that we as a community enjoy Bermuda Day like never before, free of violence, free of antagonism, free of threats of violence, free of things that are ant i-Bermuda and anti - community. So with those few words, Mr. Speaker, thank you.
The SpeakerThe SpeakerMinister, appreciate that. Premier. Yes, you can rise. IN SUPPORT OF LINDSAY SIMMONS Hon. E. David Burt: I am sure, Mr. Speaker, you like to see me when I get up on the motion to adjourn be-cause that typically means it is the end of the sitting. Mr. Speaker, we …
Minister, appreciate that. Premier. Yes, you can rise.
IN SUPPORT OF LINDSAY SIMMONS Hon. E. David Burt: I am sure, Mr. Speaker, you like to see me when I get up on the motion to adjourn be-cause that typically means it is the end of the sitting. Mr. Speaker, we have heard a number of contributions today on the motion to adjourn and it is noted that of course there are 35 members of this House currently and one seat vacant. When we return on the 31 st, there will be 36. Unfortunately, Mr. Speaker, I plan to be away on Government business and return in the afternoon. So I will miss what is the hope of all of us on this side that an incredible Bermudian will join us in this Chamber. And that incredible Bermudian is none other than former Senator Linds ay Simmons. Now, I heard the story that MP Chris Famous had spoken about. He said that he went into Rosa’s or Chopsticks to pick something up and, you know, Lindsay said, I want to be like you one day, an MP. And I remember how pleased I was, having not known Lind-say personally, but known about the work of which she had done. I remember how pleased I was in 2020 as Party Leader to be informed by the candidate’s committee that she had submitted an application to run for the Bermuda Progressive Labour Party. Lindsay’s heart is incredibly large. And anyone who knows Lindsay knows that she is service before self. Many persons have spoken about her accomplishments, but her accomplishments aren’t for what she has done for herself. It is about what she has done for others. And through trying personal circumstances of which she has gone through, she has emerged as a survivor. Someone who can speak about the challenges of domestic violence, someone who can speak about the experience of raising foster children, someone who can speak about what is necessary to make sure more Bermudians get educated. Whether you are starting scholarship programmes, where you are taking care of those persons who don’t have the ability to take care of themselves, that is what Senator . . . sorry, Lindsay Simmons has done throughout her career. She would be a fine addition to this House and will represent the persons of constituency 10 in fine fashion. When she ran in [constituency] 12, an OBA stronghold, she didn’t stop after she lost. She continued to serve. Even before the former Member resigned and 1276 17 May 2024 Official Hansard Report
Bermuda House of Assembly she was assigned to constituency 10 on behalf of the Progressive Labour Party, she was out on the doorsteps working, meeting, solving problems, helping persons, connecting them with services and doing what MPs and representatives need to do. No, she wasn’t going to the warehouse and handing out turkeys to everyone, like the former MP did, but she was speaking to their hearts and trying to help in the best way possible and that is what she did. The Honourable Member from constituency 7 wrote an op- ed piece and spoke about the fact that when she found out that there was a situation on Bridle Hill, though she was not the MP, she got people together to solve that problem for those constituents. It wasn’t about writing e mails to the Minister of Public Works and telling your constituents that there was noth-ing you could do, like the former Member of Parliament did, who we know has vast resources to be able to do what Lindsay has done. But again, servic e above self. That is the epitome of Lindsay. That is what she has represented in this party. That is what she has repre-sented in this country. That is what she has represented in this community and that, Mr. Speaker, is what she will represent in this House. Therefore, it is my hope, my prayer after all the hard work that she will be seen worthy to be sworn in by you when we come back in here on May 31, Mr. Speaker . She is carrying the flag and the banner for the Progressive Labour Party, Mr. Speaker, a party that has laboured in Government. The Honourable Minister responsible for Economy and Labour spoke to say the Progressive Labour Party is the party for workers. It is the party for seniors and it is the party for youth. These aren’t just slogans. T his isn’t about trying to satisfy some personal ego, about trying to carry out some type of grudge or to somehow all of a sudden, for the inde-pendent candidate, you know , rail against the system that personally benefitted when it was personally ben-eficial to that particular individual. This is about the policies that are carried out on behalf of the people of whom we serve. That is what this is. Persons want to reduce this to personalities. Persons want to reduce this to about me and other peo-ple. But that is not what this is. The people of constituency 10 are electing a representative to represent them. When they ask what are the policies that you stand for on the matters of workers, whether it is minimum wage, whether it is protection for workers, whether it is the upgrading of the Employment Act, whether it is making sure that we take a strong stance against sexual harassment and bullying, all t hose things, Mr. Speaker, that we have accomplished for workers in our time in office and the work continues: ensuring dignity in the workplace, enshrinement of rights, ensuring that people can keep more of what they earn, making sure that employers who may be unscrupulous are hel d to account. And what has that yielded? It has yielded, as the Minister of Economy and Labour says, an unemployment rate that has not been seen in this country for 44 years, Mr. Speaker . We talk about a party for seniors. Our candidate had her seniors out today, taking them around the country, continuing in her vein of service as she has always done. And she carries the banner proudly on the doorstep for a party that, unlike the party opposite, ensured that our seniors received increases in their pension every year, ensured that we carried out our promise to make sure that they got more prescription drug benefits under FutureCare. A party that has stood for seniors to ensure that we have r ights and responsibilities for the care of the elderly, to make sure that we continue to have them have dignity in their retirement. That is the record. It is easy to knock on doors when you have a record. That is it. And when we talk about a party for the youth, Mr. Speaker, let’s be clear. We have accomplished much, whether it is a youth employment strategy, which has seen countless persons re- enter the workforce, record numbers of Bermudians in international business working in those industries, Mr. Speaker, whether it was the reopening of the Bermuda College to ensure that no young person was denied the opportunity to go there due to the financial circumstances of their particular family. That, Mr. Speaker, is what w e have accomplished. We continue to progress items as the Progressive Labour Party. Are we perfect? No. No one is. Do we claim to be perfect? Absolutely not, Mr. Speaker . But do we claim to be the best option and have the best policies for the people of this country, the people of constituency 10? Undoubtedly. And that is why all of our Members, Mr. Speaker, have hit the doorstep in support of Senator Simmons and the party has rallied because she is worthy of a seat in this Honourable Chamber due to the work of which she has done over her life and career. An exemplary Bermudian woman who s hould be here to speak on behalf of not only her constituents but those who have been through the trauma and travails that have afflicted women in this country for far too long, of which this Government has made sure that we put extra protections against. So, Mr. Speaker, it is my hope that people will look past the nastiness and the lies. It is my hope that people will not give in to the instincts and the beliefs that in a country that is regarded as one of the least corrupt countries on the planet, that they do not give into the story of, Oh yes, the PLP is just out there for itself taking money . Nonsense, Mr. Speaker ! Because if that was the case, we would be in jail. That is the re-ality. We do not control the police. The United Kingdom Government does. And as has been seen, they will never have an issue trying to take out anyone who wears green and represents the Progressive Labour Party. Let us be clear on that. So let us stick to the fac ts. Not the inuendo which is peddled by the Opposition
Bermuda House of Assembly who literally says they want to get up and speak without belittling people on the other side—
Mr. L. Craig CannonierPoint of order. Point of order, Mr. Speaker . POINT OF ORDER [Impu ting improper motive]
Mr. L. Craig CannonierUnfortunately, the Honourable Member and Premier is imputing improper motive. This is the second time that he has done it as I listened, insinuating that a former Member of ours was handing out turkeys with all this resource, like it was really . . . it was for the needy …
Unfortunately, the Honourable Member and Premier is imputing improper motive. This is the second time that he has done it as I listened, insinuating that a former Member of ours was handing out turkeys with all this resource, like it was really . . . it was for the needy that he handed them out. For the needy. Not just to every constituent or the likes.
[Inaudible interjections]
Mr. L. Craig CannonierAnd now he continues on to degrade the OBA on something he knows . . . none of us have been pulled before the courts, if he wants to talk about stuff like that. Come on now. Keep it clean. He is saying he wants to keep it clean. Keep …
The SpeakerThe SpeakerPremier, I know you are skilful enough to not go down the wrong road. Hon. E. David Burt: Mr. Speaker, I must have struck a nerve and I don’t even understand how that nerve was struck. Everyone knows that Michael Dunkley handed out turkeys all over his constituency and people …
Premier, I know you are skilful enough to not go down the wrong road. Hon. E. David Burt: Mr. Speaker, I must have struck a nerve and I don’t even understand how that nerve was struck. Everyone knows that Michael Dunkley handed out turkeys all over his constituency and people loved it. Everyone knows that.
[Inaudible interjections] Hon. E. David Burt: Everyone knows it. That is fine. Okay.
Mr. L. Craig CannonierSo do your M embers. Hon. E. David Burt: Okay. Apparently, he is missing the point. So let me try again. When persons over on that side . . . remember, Mr. Speaker, where I was, about focusing on the policies? It is amusing to hear people on that side …
So do your M embers. Hon. E. David Burt: Okay. Apparently, he is missing the point. So let me try again. When persons over on that side . . . remember, Mr. Speaker, where I was, about focusing on the policies? It is amusing to hear people on that side saying, without belittling people on the other side, when an official document, Throne Speech Replies and Budget Replies they wasted no energy trying to throw inuendo, trash and sleaze out . But yet —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Impu ting improper motive]
Mr. Scott PearmanThe Honourable Premier for the third time in his speech is imputing an improper motive. Let’s take the high ground please, Mr. Speaker . Hon. E. David Burt: Mr. Speaker, the Hansard will —
The SpeakerThe SpeakerI am just going to say, I know you are skilful enough— Hon. E. David Burt: Mm-hmm. Thank you.
The SpeakerThe Speaker—to carry us past this. We can move past this point now. Hon. E. David Burt: The Hansard will reflect, Mr. Speaker . The Hansard will reflect after they try to revise it and put out something, the Hansard will reflect. But that is the point, Mr. Speaker . The …
—to carry us past this. We can move past this point now. Hon. E. David Burt: The Hansard will reflect, Mr. Speaker . The Hansard will reflect after they try to revise it and put out something, the Hansard will reflect. But that is the point, Mr. Speaker . The point is that this is about the policies. This is about what is done when people are challenged. That is what these things should be about. Not about the low road. Not about the inuendo. Not about pushing all those things out, Mr. Speaker . That is what this is about and that is what Lindsay has brought to the doorsteps of constitu-ency 10. That is the fact. And that is why voters are responding, Mr. Speaker, and that is what we are proud to support.
BERMUDA DAY CELEBRATIONS Hon. E. David Burt: Now, Mr. Speaker, let me move on. And what I will move on to, Mr. Speaker, is (as many have alluded to) that next Friday will be May 24 and will be Bermuda Day. I know that the Junior Minister of Culture and Sport spoke about the day earlier in the motion to ad-journ. I know that we have the Minister of Tourism of Culture and Sport who sits in another place, likes to tell people that it is his favourite holiday and he established this year inside of the budget a Bermuda Day fund to make sure that we can raise the number of participants inside the parade to make sure that we continue to build on this tradition at that point in time. And yes, Mr. Speaker, we have succeeded with the highest number of entries in the parade since . . . in the last 10 years. That is what happens when you are focused on trying to make sure that you build culture and put things together. That is what we have done and so I am looking forward to this parade. I am looking forward to ensure that participants can be a part of it. I am proud that as Minister of Finance we are making sure that anyone who is bringing in items for this particular event is not paying d uty on those items. As I remember, I saw some people saying they were having bake sales, and they said I need to do this . I said , No, no, no, you don’t have to. We changed the law to make sure that you don’t have to in making sure that that relief is provided, Mr. Speaker . Because it is all about us 1278 17 May 2024 Official Hansard Report
Bermuda House of Assembly in order to make sure that everyone can have a good day on May 24. But the Minister of National Security was 100 per cent correct that it must also be a safe day, Mr. Speaker . And having a safe day means that we all need to look out for each other. We have had some very unfortunate instances of violence which have happened recently and what we want to make sure is the holiday is a safe holiday and an enjoyable one for everyone . So I will encourage all persons to come out. I will pray of course for good weather. Looking forward to the holi-day and hope that people will be s afe and I want to congratulate in advance, as I will not be here for congrats and obits when we are back on the 31 st, the Minister of Tourism, Culture and Sport, the team at the Depart-ment of Culture, all the participants, all of the runners, Mr. Speaker, I know you play a very big part in that. And also, I know that there was a request that was made, I want to thank . . . I want to thank Brookfield who is of course building a building on Front Street where the sidewalk is obstructing where runners are going past, for (of their own volition asked for request from the Government) moving the sidewalk back and moving those barriers back so the whole Front Street can be lined at that point in time. So I will be remiss if I did not acknowledge them for that publicly, Mr. Speaker, as I know it was something that was raised to make sure that the runners and everyone can get by in time. With that, Mr. Speaker, I wish all Members a very happy Bermuda Day. I wish the country a happy Bermuda Day and I will sign off as they say with a party political message that all persons in constituency 10 on May 22 get out and vote for the best candidate in this race, Lindsay Simmons from the PLP. Thank you. [Desk thumping]
BERMUDA DAY CELEBRATIONS
The SpeakerThe SpeakerMembers, that brings us to the close of today’s proceedings. I thank Members for having a day where we got a lot accomplished and we didn’t have to go late into the night to get that accomplished. As we break this evening for what will be holiday season next week, …
Members, that brings us to the close of today’s proceedings. I thank Members for having a day where we got a lot accomplished and we didn’t have to go late into the night to get that accomplished. As we break this evening for what will be holiday season next week, one of the holidays that is part of the highlight, I always say it is one of the best, but Cup Match is still the better one for me. But as we come together to celebrate part of what makes Bermuda as special as it is, let us do it in a spirit of camaraderie that brings us all together in light of what that day is about, no matter where we come from, what political persuasion, what part of the Island we come from, it is Bermuda Day for all of us. Let us spend it in the spirit of what it really is and make it a meaningful day for all of us in a way that we will enjoy it without any negativity. We have heard calls from the Minister of National Security. We have heard Road Safety Council messages out. Let us all enjoy it where every family can go home afterwards without having to deal with any sadness of the day. Let us enjoy, remember it is all who we are. With that, the House stands adjourned until the 31 st of May. We will see you all on that day. [Gavel] [At 5:4 4 pm, the House stood adjourned until 10:00 am, Friday, 31 May 2024.]