This was a routine parliamentary session focused on ministerial statements and question period. Ministers presented reports on workforce training programs that helped over 200 people get certified and provided nearly $1 million in scholarships. The government announced plans to tackle street harassment through legislative review and public awareness campaigns. A major privacy law preparation campaign was launched to help businesses get ready for new data protection rules coming in 2025.
National Training Board report covering workforce development programs from 2019-2023New guidance on tip distribution rules to protect employee gratuities from employer interferenceGovernment commitment to address street harassment and catcalling of women and girlsPrivacy law (PIPA) implementation preparations with "Road to PIPA" campaign launching for 2025
Bills & Motions
No bills were read, debated, or voted on during this session
Several government reports were tabled including the National Training Board Report 2019-2023 and procedural guidance on tip protection rules
Notable Moments
Premier faced repeated questions about a controversial $166,000 contract awarded to the Attorney General's husband's law firm, defending it as properly handled by civil servants
Opposition criticized the Premier for deflecting questions about ministerial oversight of consultant contracts involving family members
Minister of National Security acknowledged street harassment is a serious but underreported problem that makes women feel unsafe
Debate Transcript
193 speeches from 15 speakers
The SpeakerThe SpeakerGood morning, Members. The Acting Clerk will lead us in prayer . PRAYERS [Prayers read by Mr. Clark Somner , Acting Clerk ]
The SpeakerThe SpeakerGood morning, Members. [Gavel]
The SpeakerThe SpeakerThe House is now in session. CONFIRMATION OF MINUTES [Minutes of 15 December 2023 ]
The SpeakerThe SpeakerMembers, the Minutes from the 15th of December have been circulated. Are there any amendments or corrections required? There are none. The Minutes will be confirmed as printed. Thank you. [Minutes of 15 December 2023 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerThe announcements this morning are in reference to Members who are absent today. I will call the list: Minister Wayne Furbert, Minister Kim Wilson, Minister Diallo Rabain, MP Chris Famous, MP Jason Wade, MP Crystal Caesar, MP Jamahl Simmons, MP Curtis Dickinson, MP Michael Dunkley, MP Scott Pearman have all …
The announcements this morning are in reference to Members who are absent today. I will call the list: Minister Wayne Furbert, Minister Kim Wilson, Minister Diallo Rabain, MP Chris Famous, MP Jason Wade, MP Crystal Caesar, MP Jamahl Simmons, MP Curtis Dickinson, MP Michael Dunkley, MP Scott Pearman have all indicated their absence today and it is be-ing acknowledged this morning.
MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere are two this morning, both in the name of the Minister of Economy and Labour. Minister. Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. NATIONAL TRAINING BOARD REPORT 2019 –2023 Hon. Jason Hayward: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the National Training Board Report 2019– 2023.
The SpeakerThe SpeakerThank you. Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerOh, sorry. Yes, your second one. PROCEDURAL GUIDANCE FOR DETERMINING WHAT CONSTITUTES WORK REGULARLY PERFORMED TO A SUBSTANTIAL DEGREE PURSUANT TO THE EMPLOYMENT (PROTECTION OF EMPLOYEE TIPS AND OTHER GRATUITIES) AMENDMENT ACT 2023 Hon. Jason Hayward: Mr. Speaker, I have the honour to attach and submit for the information of …
Oh, sorry. Yes, your second one.
PROCEDURAL GUIDANCE FOR DETERMINING WHAT CONSTITUTES WORK REGULARLY PERFORMED TO A SUBSTANTIAL DEGREE PURSUANT TO THE EMPLOYMENT (PROTECTION OF EMPLOYEE TIPS AND OTHER GRATUITIES) AMENDMENT ACT 2023
Hon. Jason Hayward: Mr. Speaker, I have the honour to attach and submit for the information of the Honour-able House of Assembly the Ministry of Economy and Labour, Department of Labour , Procedural Guidance for Determining What Constitutes Work Regularly Per-formed to a Substantial Degree Pursuant to the Employment (Protection of Employee Tips and Other Gratuities) Amendment Act 2023.
The SpeakerThe SpeakerThere are none. 328 9 February 2024 Official Hansard Report Bermuda House of Assembly STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe have four Statements this morning. The first is in the name of the Minister of Economy and Labour. Minister. NATIONAL TRAINING BOARD ANNUAL REPORT S 2019 /20 to 2022/ 2023 Hon. Jason Hayward: Mr. Speaker, I rise today to introduce the National Training Board’s Annual Report for the fiscal …
We have four Statements this morning. The first is in the name of the Minister of Economy and Labour. Minister.
NATIONAL TRAINING BOARD ANNUAL REPORT S 2019 /20 to 2022/ 2023 Hon. Jason Hayward: Mr. Speaker, I rise today to introduce the National Training Board’s Annual Report
for the fiscal years 2019/20 to 2022/23 in accordance with section 11(1) of the National Training Board Act 1997. Mr. Speaker, I apologise to this Honourable House for the delay. The delayed production of this report is due to many factors; however, the report tabled is a consolidated report. The report highlights the im-portant work carried out by the National Training Board and the Department of Workforce Development over four fiscal periods. Mr. Speaker, the main purpose of workforce development is to equip the workers within the local la-bour market with the necessary tools required to re-main competitive. The programme s offered provide a cost-effective way to retool, upskill and earn additional degrees and certifications. Investing in the local workforce will also encourage both local and international businesses to consider hiring within the local talent pool. Mr. Speaker, o ver the four years reported, the team at the Department of Workforce Development has worked passionately to create educational training op-portunities which allowed thousands of Bermudians to capacity -build and gain the technical and readiness skills needed for employment in Bermuda. Mr. Speaker, a n important milestone in the years under review was the development of Bermuda’s National Youth Employment Strategy. The Government recognised that there was a need to support our young people as they embark ed on their career journey. The Youth Employment Strategy was developed in 2021 to address unemployment by facilitating greater opportu-nities and educational pathways for all young Bermudi-ans between 18 and 26 years of age. Mr. Speaker, the introduction of the Youth Employment Strategy exemplifies this Government’s com-mitment to empowering its younger population. This forward- thinking initiative aims to address the unique challenges faced by youth in the workforce and pro-vides solutions to enhance their employability and foster career development. The strategy encompasses a range of programmes including targeted training, men-torship opportunities and internships designed to bridge the transition from education to employment seamlessly. Mr. Speaker, by focusing on the specific needs of young people, the Youth Employment Strategy not only aims to reduce unemployment rates for this demographic of the population but also seeks to culti-vate a skilled and resilient workforce which is able to meet the needs of Bermuda’s future. Mr. Speaker, during the reporting period , and in keeping with the Youth Employment Strategy, the Graduate Trainee Programme was introduced. This programme stands as a testament to the G overnment’s commitment to nurturing emerging talent and fostering the next generation of leaders. This initiative has proven to be a resounding success, bridging the gap between academic knowledge and practical workplace skills. Graduates who have completed this programme have seamlessly integrated into the workforce, bringi ng fresh perspectives as they continue to pursue their respective fields. Mr. Speaker, the department continues to raise the standard of Bermuda’s workforce through national certification for the trades, apprenticeships and employment readiness programmes. The department made excellent progress in securing national certification in the designated occupations for over 200 persons. As of 2019/20, the total number of individuals certified wa s 203. Mr. Speaker, the Department of Workforce Development remains dedicated to apprenticeships. The team continues to successfully engage industry part-ners to develop opportunities for full- time employment and training for apprentices. By providing individuals with the opportunity to learn and work simultaneously, we not only address individual skill gaps but also support the growth of a versatile and dynamic workforce. These initiatives contribute to the overall economic de-velopment of our country , fostering a culture of continuous learning and professional advancement. In 2022/23, Apprenticeship Trainee Awards were granted to 52 Bermudians who received training and development in education, technical and vocational areas. Mr. Speaker, over the reporting period, our workforce development programmes have achieved re-markable success, making a substantial impact on individuals and the community at large. A key highlight is the allocation of almost a million dollars in scholars hip support, providing financial assistance to countless as-piring professionals seeking to enhance their skills and contribute meaningfully to the local workforce. This in-vestment has not only facilitated access to education and training opportunities but has also empowered individuals to pursue fulfilling careers, positively influenc-ing their lives and the broader economy. Mr. Speaker, I would like to take this opportunity to thank the National Training Board, the Depart-ment of Workforce Development and our industry partners who work closely with the G overnment to ensure our training and development programmes are successful. Their combined efforts will ensure Bermudians gain access to opportunities and excel within Ber-muda’s workforce. Thank you, Mr Speaker.
Bermuda House of Assembly The Speaker: Thank you, Minister. And, Minister, would you like to do your second Statement?
EMPLOYMENT ACT PROCEDURAL GUIDANCE FOR DETERMINING SUBSTANTIAL -DEGREE WORK WITH RESPECT TO THE DISTRIBUTION OF TIPS AND OTHER GRATUITIES
Hon. Jason Hayward: Mr. Speaker, I am pleased to introduce in the Honourable House today procedural guidance for determining what constitutes work regularly performed to a substantial degree with respect to the distribution of tips and other gratuities. This guidance has been prepared pursuant to section 10K of the Employment (Protection of Employee Tips and Other Gratuities) Amendment Act 2023 ( the Amendment Act). Mr. Speaker, the Employment Act 2000 sets the minimum requirements for employment relation-ships within Bermuda. As the Members of this Honourable House may recall, the Amendment Act was passed last year to provide for the protection and fair distribution of employee tips and other gratuities and prohibit employers and their directors and shareholders from sharing in any tips, tip pool or any other gratuities unless they regularly perform, to a substantial degree, the same work performed by some or all of t he employees who share in the tips, tip pool or redistribution of other gratuities. Accordingly, Mr. Speaker, section 10K of the Amendment Act provides for the Minister to issue and publish guidance for the purpose of determining whether work is regularly performed to a substantial de-gree. Mr. Speaker, when drafting the procedural guidance, the views of the Labour Advisory Council, a tripartite body consisting of employer s, employees and government representatives, were sought and considered, and agreement on the procedural guidance was reached. Mr. Speaker, the procedural guidance includes provisions which detail the following : a. what it means to perform work to a substantial degree; b. what it means to perform the same work [as] some [or] all of the employees who share in the tips, tip pool or redistribution of other gratuities; and c. what a Labour Relations Officer will consider when reviewing a complaint in this regard. Mr. Speaker, the procedural guidance will strengthen the policy statement that employers are required to create and implement pursuant to the Amend-ment Act, which provides for how tips are to be treated and other gratuities are to be collected and redistributed. Mr. Speaker, the procedural guidance will ensure adherence to the primary Act and prevent the misapplication of tips and other gratuities and unauthorised participation in the tip pool. Finally, Mr. Speaker , the procedur al guidance will come into effect on the 1 st of March 2024 and will be applied by the Department of Labour and the Employment and Labour Relations Tri-bunal in their adjudication process. Mr. Speaker, as we continue to strengthen the protections afforded to employees and workers within Bermuda, I am assured that with the support of indus-try, their social partners and other relevant employer representatives this will prove to have a positive impact on the workforce within Bermuda and limit abuses as it pertains to employees being able to . . . employers being able to retain . . . and reduce abuse as it pertains to employees being able to retain earned tips and other gratuities. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of National Security. Minister, would you like to present your Statement? Hon. Michael A. Weeks: Thank you, Mr. Speaker . Good morning.
The SpeakerThe SpeakerGood morning. ADDRESSING STREET HARASSMENT Hon. Michael A. Weeks: Mr. Speaker, today I would like to address an issue in Bermuda that has become increasingly concerning to our citizens, particularly for our young girls and women. That issue is street harass-ment , or what is more commonly referred to as …
Good morning.
ADDRESSING STREET HARASSMENT
Hon. Michael A. Weeks: Mr. Speaker, today I would like to address an issue in Bermuda that has become increasingly concerning to our citizens, particularly for our young girls and women. That issue is street harass-ment , or what is more commonly referred to as catcalling. Mr. Speaker , street harassment is an age- old social complaint. In fact, I think it would be difficult to find a woman present in these Chambers today or someone they know who has not been on the receiving end of street harassment at some point in her life. Be-cause street harassment typically causes no physical harm, it tends to be ignored as another one of society’s annoyances. Mr. Speaker, Honourable Members will no doubt agree that street harassment is not harmless. It can be an uncomfortable, frightening and even trau-matic experience, particularly for young women. How-ever traumati sing it may be, it is seldom officially reported to the appropriate authorities. The Bermuda Po-lice Service report s that, although they are aware of incidences of street harassment, there has never been a service call to them related to street harassment. Mr. Speaker, today I would like to suggest that our collective community’s indifference to street harassment over the years has made it unlikely that victims of street harassment will seek the help of the police. The lack of reporting is not an indication of the serious-ness of this matter , but rather it reflects the public’s perception that these incidents cannot be addressed through the judicial system. Many people rationali se that street harassment and catcalling are not as serious 330 9 February 2024 Official Hansard Report
Bermuda House of Assembly as crimes such as sexual assault, so they do not bother with making a report. This is neither acceptable nor sustainable in this decent society. Mr. Speaker , Honourable Members will recall that the 2023 Speech from the Throne highlighted a se-ries of high- quality presentations produced through the Family Centr e’s Youth Leadership Academy summer programme aimed at improving our community. One of these presentations was an account from the perspec-tive of three teenage girls on street harassment, its ad-verse and nerve- wracking impact on their lives, and what can be done to address the issue. Mr. Speaker, in the coming year the Ministry of National Security will partner with the Family Centr e’s Youth Leadership Academy and the authors of this presentation to advance initiatives to address street harassment in Bermuda. Also, the Ministry will com-mence a legislative review to determine if existing laws can be amended to better address this vexat ious issue and to strengthen the broader message that street harassment is unacceptable in Bermuda. T he Ministry’s legislative review will include examining legislation in other jurisdictions, as it is commonly known that street harassment has been an issue across the globe. It is noteworthy that in the past 10 years countries including France, Belgium and Argen-tina have introduced legislation aimed at deterring street harassment. In December 2022, a Private Mem-bers’ Bill was introduced in the United Kingdom House of Commons with broad support of the Government. The new legislation criminalises acts including catcall-ing and making offensive gestures , walking too closely behind someone at night , blocking someone’s path and driving slowly next to pedestrians. The R ight Honourable Greg Clark, the sponsor of the Bill, said that the Bill seeks to reinforce a change in the culture that estab-lishes that it is completely unacceptable to abuse women in [our] streets. Mr. Speaker, the Government and the Ministry of National Security agree with this sentiment. If our legislative review identifies areas for strengthening the provisions for offences against street harassment, we shall robustly pursue the necessary amendments. In this same vein, Mr. Speaker , the Ministry of National Security will also spearhead a publicity campaign that will raise awareness of legislation and encourage those who have been the victims of street harassment to report the incident to the police. Our police officers are well-suited to receive these complaints and to ensure that victims are supported throughout the process. Mr. Speaker, I encourage members of the public to discuss this issue within their social circles and reinforce the message that street harassment is not tolerable or acceptable. Together we must change the culture of catcalling so that our young ladies and women can feel comfortable going about their daily lives without having to be subjected to verbal harass-ment. Mr. Speaker , the Ministry of National Security is committed to addressing and eliminating street har-assment in order to maintain dignity and decency in our community and by extension make Bermuda safer. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement is in the name of the Minister for Cabinet Office. Minister, would you like to present your Statement? Hon. Vance Campbell: Thank you, Mr. Speaker.
The SpeakerThe SpeakerGood morning. OFFICE OF THE PRIVACY COMMISSIONER FOR BERMUDA Hon. Vance Campbell: Mr. Speaker, I rise today to announce that the Office of the Privacy Commissioner [PrivCom ] has officially launched its 2024 Road to PIPA implementation plan in a public press conference on Monday, the 29th of January 2024, …
Good morning.
OFFICE OF THE PRIVACY COMMISSIONER FOR BERMUDA Hon. Vance Campbell: Mr. Speaker, I rise today to announce that the Office of the Privacy Commissioner
[PrivCom ] has officially launched its 2024 Road to PIPA implementation plan in a public press conference on Monday, the 29th of January 2024, in celebration of Data Privacy Week. Mr. Speaker , the overall objective of the Road to PIPA plan is to offer guidance to Bermuda’s organi sations and individuals in the year preceding the full enactment of the Personal Information Protection Act 2016 ( known as PIPA ), and I encourage Bermuda to be ready when this legislation comes into force on the 1 st of January 2025. Mr. Speaker , throughout the year, the Road to PIPA campaign will offer a weekly step- by-step process for organi sations to follow to meet the requirements of the PIPA. The information will be updated regularly with downloadable resources available on the Privacy Commissioner’s website. Some of the relevant topics to be introduced include the following : • the appointment of a privacy officer , including how a group of organisations under common ownership or control can share a privacy of-ficer, and that the privacy officer may delegate their duties . (I might add also, Mr. Speaker, that they do not have to be under common ownership. Small businesses can get together, charities can get together and do the same and share a privacy officer .); • data mapping and i nventory ; • identification of sensitive personal information ; • secure storage and deletion of information ; • mitigating organi sational risks ; • incident response plans; • individual rights requests; and • privacy notices. The benefits to the Bermuda public of this wellthought -out strategy should result in a strong foundation on which to continue to build once the legislation is in effect. T hroughout 2024, the Road to PIPA will
Bermuda House of Assembly 1. provide tools such as templates to organi sations to aid in building their privacy programmes ; 2. improve general understanding of the potential risks related to collecting and storing of per-sonal information; 3. identify actions needed to retain competitive advantages in the global business arena; 4. enhance training and development opportunities for Bermudians to pursue careers related to data privacy, cybersecurity and governance; and 5. prepare organi sations and individuals for PIPA implementation on the 1 st of January 2025. Mr. Speaker, Data Privacy Week also included an event hosted by the Chamber of Commerce to “ Get Ready for PIPA! ” The commissioner provided a history and overview of data privacy law and PIPA, and experts from Digicel Business and Symptai Consulting from Jamaica spoke about cybersecurity best practices and how risk management is key to protecting personal in-formation. Mr. Speaker , the Privacy Commissioner and the Government’s PATI/PIPA Unit [ PPU] are working hand in hand to ensure that not only are Island businesses prepared, but the public sector offices are also in compliance. Mr. Speaker , the implementation of PIPA will be a long and involved journey. But this jour-ney will be worth it. It will help the jurisdiction, and particularly the g overnment, evolve its culture into one that advocates for and embeds privacy in its day -to-day operations and interactions. Mr. Speaker , significant progress has been made in the development of the Government’s own p rivacy programme and related tools. The privacy programme has been influenced by the [Office of the] Privacy Commissioner ’s November 2020 guidance, “What is a privacy programme?” and leverages the US National Institute of Standards and Technology [NIST ] Privacy Framework. The P ATI/PIPA Unit has begun promotion and awareness of PIPA and the privacy pro-gramme with the public service executive and department heads . In addition, monthly training sessions on PIPA and PIPA compliance are offered via the Govern-ment’s training programme. Mr. Speaker , the PATI/PIPA Unit has also had focused interactions with select ministries and depart-ments . This has enabled the u nit to customi se elements of the privacy programme to reflect the following: • the context of the operation of a government ; • the nature of Bermuda as a jurisdiction; and • the requirements of PIPA. These pilots are ongoing, as each step of the plan is tested before rollout. We are currently piloting our PIPA Readiness Assessment step, a questionnaire with a series of questions against PIPA requirements that will be used for gap analysis. The intention is to roll it out across the government shortly. Mr. Speaker , to that end, in the coming week I shall submit a signed Road to PIPA Intent Statement on behalf of the Cabinet Office. I invite other leaders of Bermuda’s organi sations to do so as well, and they can find the statement on the commissioner’s website , www.privacy.bm . Mr. Speaker , the Road to PIPA may seem like a daunting journey to some. I encourage everyone to look at this journey not as a check -the-box exercise, but as the addition of a core value to all of our organi sations, infusing responsibility and vigilance in the protec-tion of the personal information in our care. Complying with PIPA should shape every organis ation’s and every employee's actions and decisions. It also promotes Bermuda as a jurisdiction that meets data privacy and data protection requirements from a global perspective. Mr. Speaker , in October 2023 Bermuda was able to demonstrate to the world the significant role our small jurisdiction can play in the global arena of technology and data protection when we served as hosts of the 45 th Global Privacy Assembly [Annual Meeting] . I had the pleasure of addressing the assembly and can confidently say that the conference delegates represented all corners of the world, with officials and business representatives from countries in every inhabited continent . Mr. Speaker , adopting privacy -centric principles in our business operations is a critical factor in pro-tecting personal information, preventing security breaches and maintaining customers ’ trust. Remember, we all have rights under PIPA and therefore we all want the implementation of PIPA to be a success. I urge my fellow Bermudians to seize this moment and again set an example for the world. Let us rise to the occasion of the full enactment of our country’s first privacy rights law and continue onward in our eternal quest to forge a fair er and more ethical economy and society. Before closing, Mr. Speaker, I would like to take this opportunity to thank the hardworking teams in the Privacy Commissioner’s Office and the PATI/PIPA Unit. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, that brings us to the end of the Statement period this morning. We will now move on. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. PREMIER’S QUESTION PERIOD
The SpeakerThe SpeakerThis is the second Friday in the month. And the Standing Orders dictate that on the second Friday of the month the Parliamentary Question Period is Premier’s Questions. So as we start the Question Pe-riod now, we will start with the Premier’s Questions. 332 9 February 2024 Official Hansard Report …
This is the second Friday in the month. And the Standing Orders dictate that on the second Friday of the month the Parliamentary Question Period is Premier’s Questions. So as we start the Question Pe-riod now, we will start with the Premier’s Questions. 332 9 February 2024 Official Hansard Report
Bermuda House of Assembly And there are 30 minutes allowing for that from the 60 minutes of the normal Question Period. So we will now set the clock and start with the 30 minutes for the Premier’s Questions. And, Premier, you have questions this morning from the Opposition Leader. You have them from four Members. Opposition Leader, would you like to put your questions?
QUESTION 1: CONTRACT TO O NYX LAW Hon. Jarion Richardson: Yes, thank you. Good morning, Mr. Speaker. Good morning, colleagues, and good morning to the listening public. Mr. Speaker, it has been reported in the media that in March 2023 the husband of the Attorney General resigned from the Attorney General’s Chambers and was then paid $13,000 a month from April to June of that year. At the same time in April, the husband of the Attorney General set up Onyx Law and was given a $166,000 contract to provide services from May to December. Has the Honourable Premier, either himself or any other Cabinet Minister, authorised their spouse or spouse’s company to get paid for services to the M inistry that he or she leads? Thank you.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I just will point to a question and the rules of questions in this House that questions in this House are not supposed to be asked on media reports. So I will ask the Honourable Member to please restate his question in accordance …
Premier. Hon. E. David Burt: Mr. Speaker, I just will point to a question and the rules of questions in this House that questions in this House are not supposed to be asked on media reports. So I will ask the Honourable Member to please restate his question in accordance with the rules of the House because the Standing Order specifically says that the questions should not be based upon comments of media reports.
The SpeakerThe SpeakerCan you rephrase your question? Hon. Jarion Richardson: Absolutely. I will just remove the portion of the pieces that have been made public and simply ask, Has either the Honourable Premier himself or any other Cabinet Minister authorised their spouse or spouse’s company to get paid for services to the …
Can you rephrase your question? Hon. Jarion Richardson: Absolutely. I will just remove the portion of the pieces that have been made public and simply ask, Has either the Honourable Premier himself or any other Cabinet Minister authorised their spouse or spouse’s company to get paid for services to the ministry that he or they lead?
Hon. E. David Burt: First what I will answer is, I think it has been made clear in the public domain that these are not matters which are dealt with in this particular case by M inisters. So the answer to the question is clearly a no, because these are not things that are dealt with by Ministers. As the answer was stated on the public record in the response to queries that were received, the fact is that this particular contract was handled by the Chambers and not the Minister.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARIES Hon. Jarion Richardson: Yes, thank you. Then the question is, Has either the Honourable Premier himself or any other Cabinet Minister be-come aware of their Ministry paying the family and family members for services rendered to their Cabinet Ministries?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I will answer the same question the way that I answered before: The Ministers do not approve consulting contracts. They are supported, but they have to go through the proper process which is spelled out in law. So I am not entirely certain what the …
The SpeakerThe SpeakerHonourable Member. Hon. Jarion Richardson: Yes, thank you. A point of clarification, Mr. Speaker. I asked him about awareness, not authorisation. Is he aware of any such contracts? Hon. E. David Burt: Not to my knowledge, no. I am not entirely certain what the Honourable Member is getting at. Hon. …
Honourable Member.
Hon. Jarion Richardson: Yes, thank you. A point of clarification, Mr. Speaker. I asked him about awareness, not authorisation. Is he aware of any such contracts?
Hon. E. David Burt: Not to my knowledge, no. I am not entirely certain what the Honourable Member is getting at.
Hon. Jarion Richardson: Thank you, Mr. Speaker. Second supplemental? Were the Premier himself or any other Cabinet Minister in the past, now or in the future . . . were he to find out that their spouse, partner or family members were getting paid by the Ministry that that Cabinet Minister leads, is that conduct acceptable t o the Premier?
Hon. E. David Burt: Mr. Speaker, in the first case since he is asking a hypothetical question, which is certainly prohibited by Standing Orders, I would ask the Opposition Leader to please familiarise himself with Standing Orders so that we can actually have a robust question - and-answer session.
The SpeakerThe SpeakerThe point that is made is that hypotheticals are not questions that we can put during this period. [Inaudible interjection]
The SpeakerThe SpeakerI do not need assistance; I do not need assistance. It can be done in other forums, but not in Question Period. Hon. Jarion Richardson: Thank you, Mr. Speaker, for that clarification. Thank you very much. May I move to the second question? Bermuda House of Assembly [Inaudible interjection] QUESTION …
I do not need assistance; I do not need assistance. It can be done in other forums, but not in Question Period.
Hon. Jarion Richardson: Thank you, Mr. Speaker, for that clarification. Thank you very much. May I move to the second question?
Bermuda House of Assembly [Inaudible interjection]
QUESTION 2: CYBERATTACK UPDATE
Hon. Jarion Richardson: Thank you. Earlier the House was made aware of the cyberattack on government, and it was said to be an attack on the very heart of the public service. To that end, would the Honourable Premier please update us as to who conducted the attack on Bermuda?
Hon. E. David Burt: I think the Honourable Member knows. But what he should also know is that on this particular matter the House has committed . . . the Government is committed to bringing forward a joint select committee. And I am sure the Opposition Members will be able to participate in that particular matter. In regard to the specific question he is asking, about who launched the attack, those things are certainly matters related to national security that are going on with matters, continued investigation supported by the UK’s National Crime Agency and others.
SUPPLEMENTARIES Hon. Jarion Richardson: Thank you. Would the Honourable Premier please let us know either when he anticipates constituting such a committee or when will an update be provided to the House? Hon. E. David Burt: I am happy to ask the Honourable Minister responsible for IT, the Minister for the Cabinet Office, to provide an update in the future with the inten-tion that would form the joint select committee following the budget session so that matters could be effec tively dealt with not in concert while we are dealing with budget matters. Hon. Jarion Richardson: Second supplemental, please, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Jarion Richardson: Thank you. Would the Honourable Premier be able to tell us which government systems are fully functioning and which are still offline or not fully restored at this point? Hon. E. David Burt: What I can say is that there are continuing IT challenges. But these …
Yes.
Hon. Jarion Richardson: Thank you. Would the Honourable Premier be able to tell us which government systems are fully functioning and which are still offline or not fully restored at this point? Hon. E. David Burt: What I can say is that there are continuing IT challenges. But these continuing IT challenges are not necessarily related to the cyberattack. So I guess he is asking which systems are not up and running due to the cyberattack. And that is not something that I can provide to him specifically. I know that there were particular issues this week that were occur-ring in some departments, particularly airport. The reports that I have been able to witness were that they were due to updates that were made to Windows, which deactivated certain things that some of these programmes use. The vendors were called in to repair those items. So it is not accurate to say or to infer that matters of which we are currently experiencing are directly related to the particular cyberattack. IT issues do continue. They happen. And this is the reason why the Government has increased its investment in I T infrastructure. And in the budget that we will present next week we will discuss further about what more work can be done in regard to investment in IT infrastructure for the Government of Bermuda.
The SpeakerThe SpeakerThank you. Hon. Jarion Richardson: Yes. Thank you, Mr. Speaker. Just a point of clarification. I appreciate that some IT matters have arisen. But the question was strictly limited to the cyberattack. So I just want to make it clear that that is what we were asking about. Thank you, …
Thank you. Hon. Jarion Richardson: Yes. Thank you, Mr. Speaker. Just a point of clarification. I appreciate that some IT matters have arisen. But the question was strictly limited to the cyberattack. So I just want to make it clear that that is what we were asking about. Thank you, Mr. Premier, for the additional information.
QUESTION 3: ECONOMIC RECOVERY PLAN Hon. Jarion Richardson: Third question, please, Mr. Speaker. Thank you, Mr. Speaker. This question relates to the Economic Recovery Plan where in March 2022 it was deemed that there are four critical initiatives in the Economic Recovery Plan, namely, vertical farming, casinos, upgrades to Tynes Bay and the extension of the economic empowerment zone. Would the Honourable Premier be able to explain which of these have yet to assist in the recovery of the economy?
Hon. E. David Burt: Not entirely certain, Mr. Speaker, that I can answer a negative question. So I would ask the Honourable Member to please rephrase the question so I can possibly provide an answer. Hon. Jarion Richardson: Yes. Thank you, Mr. Speaker. The question will be, Which of the four critical initiatives —vertical farming, casinos, upgrades to Tynes Bay and the extension of the EEZ —have assisted in the recovery of the economy?
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, in regard to the Economic Recovery Plan, which was put in place, I think that what the Government has seen and the country has seen has been continued strong and stable economic growth that has existed in this country. There were 33 particular initiatives that were executed, and many of those have been executed successfully. On the matter of which the Opposition Leader refers to as the four critical matters, those are matters that were deemed by the team that was examining this 334 9 February 2024 Official Hansard Report
Bermuda House of Assembly to have the greatest employment benefit. As we know, two of those matters have been completed by this House. On the matter related to vertical farming, I believe the Minister of Economy and Labour has given his particular update. And on the matter related to casinos, the matter remains around the fact of banking of casino proceeds, which is a matter that the Government continues to work on. But it is difficult. But that does not mean that we are not pulling out every stop to try to get it accomplished. If t he Honourable Member wants to ask me specific questions on that, I am happy to provide an answer.
Hon. Jarion Richardson: Yes. Thank you, Mr. Speaker. I just wanted clarification. It was not the media who had said that those four critical initiatives were . . . It was the Ministerial Statement. [Inaudible interjection]
SUPPLEMENTARY
Hon. Jarion Richardson: Thank you. To that end, a supplemental question. I note on 9 December, the Minister [of Economy and Labour] said that he had run into roadblocks relating to banks banking the casino proceeds, but that the conversations had not stalled and had progressed. That dialogue was ongoing. Equally, the Minister had said that, as related to vertical farming, they were continuing to work with the BEDC. I would like the Honourable Premier to give us an update on the progress that has happened in the last two months since the Minister [of Economy and Labour] informed the Honourable House. Hon. E. David Burt: Mr. Speaker, I would not be aware of that particular information, as that lies within the re-sponsibility of the Minister of Economy and Labour. And I am certain that the Minister of Economy and Labour will happily give an update if there is a question that is submitted on that particular matter. What I can speak to on the measures related to casino gaming, I can say that the Ministry of Finance engaged with all banking partners. There were banking partners that have now expressed a willingness to participate in a cashless gaming model. The challe nge that we have, of course, are the volumes that are expected from this. And we are continuing to work with both the operators and the banks to try to find a way that we can resolve this particular issue. The matters that took place last year were unfortunate, especially in regard to matters that were in the public domain. Speaking of one particular banking partner who had committed to supporting this measure and did pull out after legislative amendments w ere made that those matters requested, in our conversations with that banking partner, they had stated that their correspondent bank was not willing to do this particular matter. We took up the issues directly with the correspondent bank, and the correspondent bank did indicate that they were willing to process those particular matters, contrary to the informati on which the Government received. The correspondent bank was also asked directly, as it had been suggested in public and private, whether or not the Minister of Finance, being the one who is responsible for gaming under the law and also holding the reins of the Office of the Premier, was an impediment to their banking gaming. And they responded very clearly and said they do not view that as an impediment; they actually view that as a strength in the regime to make sure that regime is in force. Once again, the Government is subjected to countless innuendo pushed forward by the combined Opposition, which harms our efforts to advance. But here is the thing, Mr. Speaker. We will not be deterred, and we will continue to press ahead. It is hard work in trying to deliver this —the Opposition knows this; the Government knows thi s—because of the fact that Bermuda is an international financial jurisdiction that has limited banking options. We, however, are not going to stop the work to deliver this and to bring additional banking options to the fore.
The SpeakerThe SpeakerThank you. That completes the questions from the Opposition Leader. The next questions this morning, Mr. Premier, are from the Deputy Opposition Leader. Would you like to put your questions now? QUESTION 1: NATIONAL SPORTS CENTRE SOLAR PROJECT
Mr. Ben SmithYes. Thank you, Mr. Speaker. Mr. Speaker, would the Honourable Premier be able to give an update of the total cost of the solar project at the National Sports Centre to date, including any interest payments or what I would say would have been a reduction in power costs since …
Yes. Thank you, Mr. Speaker. Mr. Speaker, would the Honourable Premier be able to give an update of the total cost of the solar project at the National Sports Centre to date, including any interest payments or what I would say would have been a reduction in power costs since January 2022 that we have not been able to have to this point? Just so that we can get an overview of where we are so far with the project and how much it has cost the Bermuda Government. Thank you.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I would not be able to provide the exact information related to the total cost to date inclusive of interest and others. Those would be very specific questions. And although I can do my best to try to plan for any questions the …
Premier.
Hon. E. David Burt: Mr. Speaker, I would not be able to provide the exact information related to the total cost to date inclusive of interest and others. Those would be very specific questions. And although I can do my best to try to plan for any questions the Opposition wou ld ask, I do not have that. What I do know, I do believe it was stated in the public domain that there has been a delay which has been occasioned by a number of factors. And I do not believe it will be any surprise to any
Bermuda House of Assembly person that a contract that was priced prior to a pandemic and after a pandemic would have an increased cost. But if the Honourable [Deputy Opposition Leader] wants to put a specific question on that, I am happy to ensure that the spokesman for Tourism, Cu lture and Sport who sits in this Honourable House, the Junior Minister, can provide him the specific answer that he wishes.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY
Mr. Ben SmithThank you, Mr. Speaker. Yes, considering that information was in the public domain, I would look forward to information being brought to the House that would give us an update. So if that is possible, thank you.
The SpeakerThe SpeakerI missed the last part of that. Just repeat it for me.
Mr. Ben SmithNo. All I am saying is that the Honourable Premier said that it was in the public domain, the information about what is the cost for the project to this point. What I was hoping for was that we would be able to receive the full details. So if it …
No. All I am saying is that the Honourable Premier said that it was in the public domain, the information about what is the cost for the project to this point. What I was hoping for was that we would be able to receive the full details. So if it is possible for us to get that in the future from the Premier and Finance Minister that would be helpful for us to know the cost to Bermuda’s Government for this project.
The SpeakerThe SpeakerI think the coming budget session should bring out some of that as well. Hon. E. David Burt: Mr. Speaker, if I may clarify. I think I said it was in the public domain that it was delayed. I was not indicating that it was in the public domain, the …
I think the coming budget session should bring out some of that as well. Hon. E. David Burt: Mr. Speaker, if I may clarify. I think I said it was in the public domain that it was delayed. I was not indicating that it was in the public domain, the costs. If the Honourable Member wants to submit a specific question, then he can go ahead. What I can say is that one of the metres have been turned on at the site which is generating energy savings. So that has happened. But on the specific matter of the total energy savings, those items, if he submits a specific question, I am certain the public officers can research that. And if he submits it in this place the Honourable Junior Minister for Tourism, Culture and Sport will be happy to provide an answer, as required by law.
The SpeakerThe SpeakerOkay. Any further questions? No. Okay. Premier, those are the only questions from the Deputy Opposition Leader. You have questions from MP Jackson. QUESTION 1: ONYX LAW CONTRACT
Ms. Susan E. JacksonGood morning, Mr. Speaker. My question is focusing again back on the employment of contractors. And I was looking through the Code of Conduct for Ministers, the Ministerial Code of Conduct. And in there it does mention or state that, “In appointing a paid adviser, the Minister must ensure that …
Good morning, Mr. Speaker. My question is focusing again back on the employment of contractors. And I was looking through the Code of Conduct for Ministers, the Ministerial Code of Conduct. And in there it does mention or state that, “In appointing a paid adviser, the Minister must ensure that there is no conflict of interest” and that “all . . . appointments require the prior written approval of the Premier, and no commitments to make such appointments should be entered into . . .” without that prior approval. And so my question to the Premier is, What concerns were raised by the Premier and what due diligence was carried out before awarding this contract to a company, Onyx Law, which happened to be the At-torney General’s husband, and that the contract was for her Ministry?
The SpeakerThe SpeakerMr. Premier. Hon. E. David Burt: Mr. Speaker, I am not certain how many times I can repeat the same matter. But I will try again. What the Honourable Member is referring to is the Ministerial Code of Conduct which deals with ministerial advisers. That is not what is going …
Mr. Premier. Hon. E. David Burt: Mr. Speaker, I am not certain how many times I can repeat the same matter. But I will try again. What the Honourable Member is referring to is the Ministerial Code of Conduct which deals with ministerial advisers. That is not what is going on here. What this is was a contract for services that was entered into by the Attorney General’s Chambers, who have multiple contracts for legal services. There are multiple departments that have contracts for legal services. I find it interesting that we are focusing on this one, on this particular PATI request, because I know that it makes wonderful political fodder for the Opposition. But at the same point in time, no one is mentioning about the $240,000 that has been paid t o other lawyers from other various places and instances. And one can make the assumption as to the reason why they are focusing on this particular contract versus others which are more valuable, Mr. Speaker. But what I will say is the Honourable Member is misleading in her question, because the Ministerial Code of Conduct refers to ministerial advisers. Consultant contracts are handled through the public service. They go through a process of vetting. That is what is the case in this particular case and instance. And I hope the Honourable Member will try to stop confusing the issue and will make sure that she is applying the rules that exist in one case, not in one for another.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY
Ms. Susan E. JacksonYes, a supplementary, Mr. Speaker. It is section 9, Advisers and Consultants. And that the Cabinet Ministers must get approval (I am not reading verbatim here) for consultants as well as advisors. So I would like some clarity as to how and who had knowledge that a conflict of interest …
Yes, a supplementary, Mr. Speaker. It is section 9, Advisers and Consultants. And that the Cabinet Ministers must get approval (I am not reading verbatim here) for consultants as well as advisors. So I would like some clarity as to how and who had knowledge that a conflict of interest this close, being a husband and wife, was allowed to be approved in a situation like this.
The SpeakerThe SpeakerPremier. 336 9 February 2024 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Thank you, Mr. Speaker. Again, I will remind the Honourable Member that in matters related to the Ministerial Code of Conduct, those are matters which are handled under the Premier, Ministers and Opposition Leader …
Premier. 336 9 February 2024 Official Hansard Report
Bermuda House of Assembly Hon. E. David Burt: Thank you, Mr. Speaker. Again, I will remind the Honourable Member that in matters related to the Ministerial Code of Conduct, those are matters which are handled under the Premier, Ministers and Opposition Leader Personal Staffs Act where we are talking about advisers and consultants. This is not the case of a contract for services that is handled by the public service who is looking to supplement matters to execute their task in support of government. That is the key difference in the case here. And I know that the Honourable Member continues to try to conflate the issue, but they are two separate things. When we are speaking about people who are appointed under the Ministerial Code of Conduct that is a separate matter than persons who are appointed by the public service and engage in contract for services, support the work and delivery of the government.
The SpeakerThe SpeakerDo you have a second supplemental? No second supplemental?
The SpeakerThe SpeakerGood morning. QUESTION 1: MORTGAGE GUARANTEE PROGRAMME
Mr. Jache AdamsMr. Speaker, one of the positive things I hear on the doorstep is the work that the Gov-ernment is doing with its mortgage guarantee pro-gramme. So can the Honourable Premier please provide this Honourable House with an update on the programme, including how many persons have applied and been approved …
Mr. Speaker, one of the positive things I hear on the doorstep is the work that the Gov-ernment is doing with its mortgage guarantee pro-gramme. So can the Honourable Premier please provide this Honourable House with an update on the programme, including how many persons have applied and been approved for the mortgage guarantee programme? Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, this is something that the Government is particularly proud of, something that the Government has worked particularly hard on, and not only hard on doing but also promoting. It is important to note that this first started for first -time home buyers. It then expanded to persons who wished to transfer their particular mortgages to a lower interest rate in particular banks as well, and also expanded to persons who were over the age of 40. The information that I have as the latest update is that there have been over 135 applications to benefit from this mortgage guarantee programme, Mr. Speaker. And to date I understand that 49 persons have been approved for a mortgage at a low interest rate of I do believe 5 per cent. This is certainly something that pales in comparison to market rates at some banks and is something that we know has put a number of Bermudians on the path toward home ownership. And we are proud that the Government has executed its promise and its pledge. I will note to remember that there have always been calls to make sure we make home ownership more accessible and affordable. This Government is delivering on that pledge.
The SpeakerThe SpeakerThank you. Supplementary? SUPPLEMENTARIES
Mr. Jache AdamsYes. Thank you, Mr. Speaker. I want to thank the Premier for his answer. And I certainly agree that it is great news and something that the Government should be proud of. I notice that the Premier had mentioned that the Government has moved into phase 2, which allows public …
Yes. Thank you, Mr. Speaker. I want to thank the Premier for his answer. And I certainly agree that it is great news and something that the Government should be proud of. I notice that the Premier had mentioned that the Government has moved into phase 2, which allows public officers and the like to transfer their mortgages and save some funds. But can the Premier please give us an update on phase 2 and how it is progressing?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, there is something that I want to say more broadly. And it is that good news is not some-thing that is seemingly readily shared in the media, but bad news or scandal, or perceived scandal, is the type of …
Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, there is something that I want to say more broadly. And it is that good news is not some-thing that is seemingly readily shared in the media, but bad news or scandal, or perceived scandal, is the type of stuff that is covered. So it is unfortunate that in my opinion there has not been broader coverage despite the fact that the Government has given plenty of information on this. Nonetheless, what we have done is that we have engaged with our union partners, who are representing public services unions, making numerous presentations. We have made sure that we have equipped Members of Parliament with the information so that as they are knocking on doors, they can understand and share with their constituents who may be challenged with the fact that some banks in the country (not all banks in the country, Mr. Speaker, some banks in the country) have raised their interest rates over the past years. And as we have seen, the unfortunate result of that is significantly increased banking profits in the local market. But that is why the Government asked to make sure that we can provide relief where we can. And we have done a good job in doing that. What I can say is that the Government and BEDC have engaged with the unions. We have had presentations with the Bermuda Public Services Union. We are continuing to organise presentations with union partners, sharing that infor-mation over internal government matters which get to union persons so they can actually see and understand the benefits that they have for them. We are
Bermuda House of Assembly considering making sure to expand this also to employees and quangos, as they are not strictly defined as public officers under the law, but we believe that they are persons who have been constrained by salary in-creases as the Government moves itself towar d a balanced budget as well. And we want to make sure that they are able to take advantage of this programme as well.
The SpeakerThe SpeakerThank you. MP, are you complete?
Mr. Jache AdamsThank you, thank you, Mr. Speaker. And thank you, Premier. Certainly, we agree that this is great news to hear. So I appreciate the update on phase 2, but, Premier, as you can appreciate, a lot of my constituents are anxious to hear some news about phase 3 which allows …
Thank you, thank you, Mr. Speaker. And thank you, Premier. Certainly, we agree that this is great news to hear. So I appreciate the update on phase 2, but, Premier, as you can appreciate, a lot of my constituents are anxious to hear some news about phase 3 which allows the public —not just public officers, but the wider public —to participate in this programme. So wou ld you be able to provide an update as to where we are with the potential transition to phase 3? Hon. E. David Burt: Mr. Speaker, on that particular matter, the Government is certainly monitoring the $50 million limit and making sure that we exhaust the awareness on phase 2 before we move to phase 3. But I think it is also important, Mr. Speaker, that though it may not be the mortgage guarantee programme which provides interest rates at 5 per cent, it should be noted that there are banks that provide significantly lower interest rates on mortgages in the local market than they may be at the banks which have raised their interest rates significantly over the past year. And in that case, Mr. Speaker, the Government responded by making sure that we are not at phase 3 by making sure that we remove taxes on changes of mortgages, so that persons can move their mortgage from one bank to another without having to incur addi-tional stamp duty charges, which can in fact save them significant amounts of funds. This is something which we want to make sure we remind. We have put out press videos and promotions around this particular matter, and I hope that at this point in time it is a reminder to the public that if you are with a bank that has increased your mortgage rate sig-nificantly, there are options. You are able to move your mortgage without having to incur additional stamp duty taxes, as this Government has said that we want to ensure that we free that up so that persons can move and the market can be more competitive. Anyone who has any questions around that is happy to email the Ministry of Finance. They can get in touch with my office at ministeroffinance@gov.bm because we want to ensure that persons are taking advantage of the changes in law that this Parliament has passed, has put into effect, that this Government is doing, to do everything that we can to relieve the burden and to remind persons that they have options and choices in the market and the Government will make it easier for them to access those choices in the market.
The SpeakerThe SpeakerThank you. Premier, the next questions for you this morning are from MP [Simmons -]Wade. MP [Simmons -]Wade, would you like to put your questions? QUESTION 1: RELIABILITY OF ELECTRIC BUS FLEET
Mrs. Ianthia Simmons- WadeGood morning, Mr. Speaker. This year Government has completed the refurbishment of the public bus fleet to new, electric buses. I know there have certainly been complaints in the community in the past in regard to the cancellation experiences that people were having. So my question is, Can the Premier …
Good morning, Mr. Speaker. This year Government has completed the refurbishment of the public bus fleet to new, electric buses. I know there have certainly been complaints in the community in the past in regard to the cancellation experiences that people were having. So my question is, Can the Premier share how this investment has improved the reliability of the bus service?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, what I can state is that in the period and point in time up to the time that the new buses became operative, we were looking at average cancel-lations around 25 a day, which was a significant impact for …
Premier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, what I can state is that in the period and point in time up to the time that the new buses became operative, we were looking at average cancel-lations around 25 a day, which was a significant impact for riders. And what is important to note is that this is the reason why this Government has continued to com-mit to investment. And we have seen capital investment increase year over year over year of making sure that we are making the investments that are necessary to make proper investment in public services that we can support persons. What I can state is that after the buses, the new buses came into operation, average cancellations in that period dropped from 25 to 35, to one per day, which was the average cancellation. And those things can happen for a number of reasons. But we have s een a significant improvement in the bus service due to the investments that this Government has made. And it is important to note, of course, that these buses are eco- friendly, and they are green buses running on electricity. And this is something that is certainly a benefit as we continue to advance and to keep our promise to future generations of reducing our carbon output. But the highlights are that the average figures have moved to cancellations of one per day whereas before we know they were in the range of 20 to 30.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY 338 9 February 2024 Official Hansard Report Bermuda House of Assembly Mrs. Ianthia Simmons -Wade: Yes, Mr. Speaker. Of course, we know that this has not been in the news lately, so it must be improved service. So my next question is, Can he share what other measures …
Supplementary?
SUPPLEMENTARY
338 9 February 2024 Official Hansard Report
Bermuda House of Assembly Mrs. Ianthia Simmons -Wade: Yes, Mr. Speaker. Of course, we know that this has not been in the news lately, so it must be improved service. So my next question is, Can he share what other measures are being taken to improve the bus service?
Hon. E. David Burt: Thank you, Mr. Speaker. I think that is a great question. Because we know that we have to continue to invest in public services and make them better. The key point is that this Government has always acted in a fiscally responsible and prudent manner to ensure that we can remain on our budget targets while also making the necessary investments which are important for the people of this country. This year, as it was funded in last year’s budget, I believe the Minister of Transport has informed me that the digital fare media should be up and running by the summer. Summer begins in June. We are expecting those things to be ready for that point in ti me, and those are some things that will certainly improve bus service. But not only will improve bus service insofar as efficiency, it also helps with collection of revenue. And that means that we are going to expect more revenues to be collected because t he more efficient collection of revenue with digital fare media means that fewer persons will be skipping and missing out on fares.
The SpeakerThe SpeakerThank you. Opposition Whip, would you like to put your question now? QUESTION 1: OARRS INCORPORATED SETTLEMENT
Mr. L. Craig CannonierThank you, Mr. Speaker. Yes. About a year -plus ago we understood that settlement had been made with Oarrs Incorporated. I wanted to know whether or not, or if the Premier can tell us what the settlement was for? They sued for $2 million, the Office of the Tax Commissioner. …
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I will attempt to make sure I get the answer specifically for the Honourable Member.
The SpeakerThe SpeakerOkay. The Premier will get the answer for you. [Timer chimes]
The SpeakerThe SpeakerI didn’t realise that we were out of time. Members, that brings us to a close of the Premier’s Questions. QUESTION PERIOD
The SpeakerThe SpeakerWe now go to the general Question Period based on the Statements that were given this morning. And I will reset the clock for . . . [Pause]
The SpeakerThe SpeakerOkay. Ministers, this morning from the Statements that were given this morning there are Members who have questions. The first is to the Minister of Economy and Labour in reference to his first Statement. And the Opposition Leader would like to put a question to you. Opposition Leader. QUESTION 1: …
Okay. Ministers, this morning from the Statements that were given this morning there are Members who have questions. The first is to the Minister of Economy and Labour in reference to his first Statement. And the Opposition Leader would like to put a question to you. Opposition Leader.
QUESTION 1: NATIONAL TRAINING BOARD ANNUAL REPORTS 2019/20 TO 2022/23
Hon. Jarion Richardson: Yes. Thank you, Mr. Speaker. The Honourable Minister made the point of saying that the requisite reports relating to the National Training Board had not been properly filed in contravention of section 11(1) of the relevant Act. To that end he said this was due to many factors. Obviously we see this in the regulatory world where, if something like this were to happen, you would get penalised. So I am really curious for him to let the Honourable House know what happened. Why did we miss four reports? And what does the Minister intend to do to ensure that this will not arise again? Thank you.
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, I proudly tabled the National Training Board [Annual] Reports for the years 2019 to 2023. Members would know that during that period we would have had a pandemic. We would have had a change in leadership of the Department of Workforce Development. We would …
Minister. Hon. Jason Hayward: Mr. Speaker, I proudly tabled the National Training Board [Annual] Reports for the years 2019 to 2023. Members would know that during that period we would have had a pandemic. We would have had a change in leadership of the Department of Workforce Development. We would have started out with multiple acting directors before we got a substantial director for that department. And then we would have gone through changes in terms of the chairman-ship of the board. On a number of occasions, we have also been moved to transition the board into a national certification and apprenticeship board. As a result of all of that, those moving pieces, we were unable to produce the timely reports that we were subject to do underneath the Act. I would say that these reports are not financial reports, from an auditing or compliance standpoint. So these reports contain no financials. These reports are reports about progress in terms of work being done and executed on. And I think the reports that have been provided sufficiently lay out (notwithstanding the reports were not done) a significant body of work that was carried out over a period of time and the lives which the Department of Workforce Development has invested in and developed over that period of time. And I think that
Bermuda House of Assembly is what the public want to know, whether or not we have a functioning Department of Workforce Development. And this report makes it abundantly clear that the department is functioning and investing in the lives of Bermudians.
Hon. E. David Burt: No question! No question!
[Desk thumping and i naudible interjections]
The SpeakerThe SpeakerDo you have a supplementary?
Some Hon. Members Some Hon. MembersNo. [Laughter] Hon. Jarion Richardson: Yes. Thank you. I enjoy how everyone gets worked up on these things. [Inaudible interjection and laughter] SUPPLEMENTARY Hon. Jarion Richardson: I would like the Honourable Minister to describe the Youth Employment Strategy in 2021. He had mentioned it during the Statement. And if he …
No.
[Laughter] Hon. Jarion Richardson: Yes. Thank you. I enjoy how everyone gets worked up on these things.
[Inaudible interjection and laughter]
SUPPLEMENTARY
Hon. Jarion Richardson: I would like the Honourable Minister to describe the Youth Employment Strategy in 2021. He had mentioned it during the Statement. And if he could just describe some of the management and oversight information he is receiving to make sure that project achi eves its outcomes. He had mentioned that it was part of his reporting process, but obviously we had said that, Okay, we missed some reporting deadlines. So what is he receiving and looking at to keep on top of that project? Thank you.
The SpeakerThe SpeakerThank you. Minister. Hon. Jason Hayward: Mr. Speaker, in previous budgets . . . and in this budget period I will lay out the funds which will be allocated to the Youth Employment Strategy along with the work that has actually been done and in alignment with that particular strategy. …
Thank you. Minister. Hon. Jason Hayward: Mr. Speaker, in previous budgets . . . and in this budget period I will lay out the funds which will be allocated to the Youth Employment Strategy along with the work that has actually been done and in alignment with that particular strategy. That strategy is specifically designed to support young people between 18 years old and 26 years old and transi-tion those individuals to employment. Amazingly enough, I actually attended the fourth cohort of the graduate training programme last night, individuals who would have graduated from that particular programme. And that programme was directly aligned with the Youth Employment Strategy in terms of placing people on pathways to success and giving our young graduates the opportunity when they come back from school to get internships in their area of study. Many times our young persons return from school and, unfortunately because they do not have the experience or the appropriate network, they cannot get into entry -level positions. And this particular programme creates a bridge. The goals which are set out in the Youth Employment Strategy are broad- based goals. They are not just under the remit of the Department of Workforce Development, but also focus on youth entrepreneurship which will be under the remit of the Bermuda Economi c Development Corporation. On a quarterly basis the Department of Workforce Development sets out action plans as to training and development that it will engage [in] over that period of time. You saw last year that we expanded our summer employment and sum mer internship programmes and provided additional funding in that particular area. That is a direct result of what we have done with the Youth Employment Strategy. Prior to launching this Youth Employment Strategy, unemployment of our young people was at 33 per cent. Now our unemployment of our young people is at 11 per cent. And we will continue to make inroads in terms of ensuring that our young people get access and opportunities to the world of work.
The SpeakerThe SpeakerSupplementary? Thank you, Opposition Leader, for your questions. The next question this morning is for the Minister of National Security. Minister, MP Jackson would like to put a question to you.
An Hon. Member An Hon. MemberNo more catcalling, you guys. [Inaudible interjections and laughter]
The SpeakerThe SpeakerGood morning. QUESTION 1: ADDRESSING STREET HARASSMENT
Ms. Susan E. JacksonMy question to the Minister is, Given that it is often that the harassing/catcalling happens and is particularly traumatising for young women, and that it is very awkward to want to report this to the police or any others, my question is, When reviewing the legislation, will the Minister be …
My question to the Minister is, Given that it is often that the harassing/catcalling happens and is particularly traumatising for young women, and that it is very awkward to want to report this to the police or any others, my question is, When reviewing the legislation, will the Minister be looking at the accountability or the enforcement that can actually be applied to employers, associations and others so that the responsibility to curtail catcalling is not put in the hands of a young woman who has been traumatised, but rather the people who are the employers, the property owners, the police service and their ability to [carry out surveillance of] certain areas? We know the hotspots. So I am just curious what responsibility will be put on the members of our society who may be creating or having environments for catcalling to exist. What accountability or responsibility is going to be put on them and not so much on a young woman who has been victimised? Thank you.
The SpeakerThe SpeakerThank you. 340 9 February 2024 Official Hansard Report Bermuda House of Assembly Minister. Hon. Michael A. Weeks: I kind of got lost in the question, Mr. Speaker. But if memory serves me right, the first part when it comes to employees and employers, that is in the Employment Act. …
Thank you. 340 9 February 2024 Official Hansard Report
Bermuda House of Assembly Minister.
Hon. Michael A. Weeks: I kind of got lost in the question, Mr. Speaker. But if memory serves me right, the first part when it comes to employees and employers, that is in the Employment Act. So when it comes to bullying and other kinds of harassment, that has already been estab lished. When it comes to the catcalling and street harassment, that legislation will be reviewed. And once we have done a full review of it, we will determine what steps to take so that we can adequately address any of those catcalling or harassment issues that our young people find themselves being subjected to.
Ms. Susan E. JacksonAs a victim of catcalling, harassment and the like from a young age— Hon. Derrick V. Burgess, Sr.: Yes, about 30 years ago.
Ms. Susan E. Jackson—to my age today, which is in the seniors category, my question is and it still remains, What responsibility is going to be placed on those in positions of authority to actually do something to stop the harassment and catcalling? It is fine to have a PR campaign about how …
—to my age today, which is in the seniors category, my question is and it still remains, What responsibility is going to be placed on those in positions of authority to actually do something to stop the harassment and catcalling? It is fine to have a PR campaign about how we have created this law. We already know that no one is going to report these inci-dents. So they have to be observed, and they need to be carried out by the people responsible for the areas or the associations of people who are doing this behaviour, this bad behaviour.
The SpeakerThe SpeakerMinister. Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, I would like to start by saying, you know, as a father of a daughter and a grandfather of two granddaughters, and a son of a mother and a brother of sisters, I have seen the effects of that …
Minister. Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, I would like to start by saying, you know, as a father of a daughter and a grandfather of two granddaughters, and a son of a mother and a brother of sisters, I have seen the effects of that and I have seen that in action. Hence when I was approached by these young ladies from the Family Centre with this presentation, they were unsure of whether or not the Minister was going to really give them an audience. So, I definitely gave them an audience. I promised them that I will address this and car ry it through. So once the legislation is reviewed, we will look at ways to make sure that we put policies in place that can address street harassment and catcalling. Thank you.
The SpeakerThe SpeakerOkay. Members, Ministers, that is the end of the indication of questions that were to be asked this morning. So we can now move on to the Order Paper. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould any Member wish to make a contribution? Any Member? Any Member? Deputy Premier, you have the floor. Hon. Walter H. Roban: Thank you very much, Mr. Speaker. I first would like to give condolences to the family of Mr. [Joseph] Sinclair Richards, well -known educator, senior leader in the …
Would any Member wish to make a contribution? Any Member? Any Member? Deputy Premier, you have the floor.
Hon. Walter H. Roban: Thank you very much, Mr. Speaker. I first would like to give condolences to the family of Mr. [Joseph] Sinclair Richards, well -known educator, senior leader in the education field for many years. He was the father of a number of persons well -known to us, including the Education Commissioner, and also Ms. Melody Parris and father -in-law to Roger Parris. He had a very well -known large family in the community, highly regarded. Two members of his family, his extended family, happen to be my constituents. So his passing did have some relevance to many members of my community that I represent. And I would just like to ensure that the House takes note of his passing. I am sure that the Minister of Education, who is not here, would have wanted to be also associated with those remarks. I would like to also, Mr. Speaker, ensure the House takes note that February 7 of this month was the 50 th anniversary of the independence of the Island of Grenada, another member of the CARICOM family, an island that is not unfamiliar to Bermuda and not unfamiliar to history. If I can say that many people are familiar with the history of Grenada and its inter esting events certainly over the last 50 years that have been a part of that island’s history. But it is a proud, independent na-tion participating in the global community. And they (as I have received reports) have celebrated their anniversary with great pride and happiness of their accomplishments as a country. So I would like to ensure that the House at least takes note of that as they are a member of the CARICOM family of which we are also a member. And last, Mr. Speaker, I would like to take note of four Bermudians who were given recognition not too long ago for their contributions to the community by The Bermudian Magazine —Ms. Patrina O’Connor -Paynter; [Dr.] Carika Weldon; Mr. [Myles] Darrell, who works at the National Trust; and Ms. Christie [Hunter] Arscott — four obviously Bermudians who deserve recognition for their work for the community. And I just want to show that the House takes note that they were recognised as Bermudians of the Year for 2023.
Bermuda House of Assembly Thank you very much.
The SpeakerThe SpeakerThank you, Deputy Premier. Does any other Member wish to make a contribution? Government Whip, you have the floor.
Mr. Neville S. TyrrellThank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, since we last met, several constituents of mine passed, and I would really like to have the House send condolences to their families. The first one was Ms. Bessie Horton of Khyber Pass area. I will associate Minister Weeks as …
Thank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, since we last met, several constituents of mine passed, and I would really like to have the House send condolences to their families. The first one was Ms. Bessie Horton of Khyber Pass area. I will associate Minister Weeks as well. Bessie Hor ton was one of those constituents who called me regularly —and I mean regularly —and always had either some suggestion on how best to do something or something that we maybe had been doing (she thought) wrong. And I would have to explain to her why we were doing it. And I am sure she will be missed, from her very, very large family. The other constituent who passed was Ms. Jonelle Tucker, the widow of Webster Tucker, who was actually my neighbour just across the road from me in Rocklands. And she will certainly be missed. Her son Jaron and I have lots of talks together as well. In fact, let me say that Ms. Tucker always informed me when test matches were being played and on television. Be-cause that was a real interest to her; cricket was a real interest to her. And the next person, Mr. Speaker, family I would like condolences to be sent to is the family of Cal Ming, [Jr.] Cal Ming and his son lived in my constituency, in fact my neighbour down the road as well. And I will associate the Deputy and Premier, in fact the whole House on this one. As I said, Cal Ming was my neighbour for quite a while. As well as coming up the hill, when I would come up the hill in Rocklands, I would always stop at his house some days and have some conversations with him. So, I am sure all of his family will miss him. And I ask that condolences be sent. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Government Whip. Does any other Member wish to make a contribution at this time? Minister Weeks. Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, at this time I would like to have some congratulatory remarks sent to the Department of Corrections and Customs. Mr. Speaker, last …
Thank you, Government Whip. Does any other Member wish to make a contribution at this time? Minister Weeks.
Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, at this time I would like to have some congratulatory remarks sent to the Department of Corrections and Customs. Mr. Speaker, last Friday eight new corrections officers passed out in the parade at Warwick Camp. And their family and friends were proudly there to see them become corrections offic ers. Last Monday, Mr. Speaker, four new customs officers were passed out —every time I say “passed,” I am not saying anything physically; I am talking about they become in a passing- out parade, right? Both the customs and the corrections. So in saying that, you know, the application process is always open to our young Bermudian recruits. So hats -off to the corrections officers and to the new customs officers. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? Minister Hayward. Hon. Jason Hayward: Mr. Speaker, today I want to send congratulatory remarks to Jomeko Mallory. Jomeko Mallory is a young chef who currently works at Hamilton Princess. Jomeko successfully completed a full year …
Thank you, Minister. Does any other Member wish to make a contribution at this time? Minister Hayward.
Hon. Jason Hayward: Mr. Speaker, today I want to send congratulatory remarks to Jomeko Mallory. Jomeko Mallory is a young chef who currently works at Hamilton Princess. Jomeko successfully completed a full year apprenticeship training programme in culinary arts, and after successfully completing that programme was offered a position at Hamilton Princess. But Jomeko’s journey was not smooth, as his apprenticeship began at Fairmont Southampton Princess, and then the hotel closed down. So it was a little bit of uncertainty on whether or not he would be able to continue in an apprentice capacity. And Hamilton Princess, thankfully, took him on, brought him in the folds of their team and nurtured him with the chefs whom they currently have. And it was a proud moment where Jomeko’s family and the hotel all came together to congratulate Jomeko on his achievements. Jomeko is now Red Seal certified. That is an international certification that can take Jomeko in any kitchen anywhere around the world. But this is prior testament of the work of the Department of Workforce Development and industry working together to inv est in our young people. And I thank Jomeko for staying on course and successfully completing his certification. Thank you, Mr. Speaker. [Desk thumping]
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? MP Simmons -Wade.
Mrs. Ianthia Simmons -WadeI would like to congratulate Bright Temple AME Church who celebrated their 60 th anniversary by having an interesting banquet where they acknowledged all of the young people who came through the AME Church, Bright Temple. One of them happens to be Marc Telemaque. So, it is interesting the number …
I would like to congratulate Bright Temple AME Church who celebrated their 60 th anniversary by having an interesting banquet where they acknowledged all of the young people who came through the AME Church, Bright Temple. One of them happens to be Marc Telemaque. So, it is interesting the number of people whose lives this church has touched. And it was a great evening. I would also like to congratulate/acknowledge all of those families in the community who are also 342 9 February 2024 Official Hansard Report
Bermuda House of Assembly caregivers. We have a significant amount of support in this country for individuals who decide to keep their loved ones at home. But very often they are the unspoken heroes. So at this time I would like to significantly congratulate all of those families. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make— MP Swan, are you rising?
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Mr. Speaker, I would like a letter of condolences sent to the family of Mr. Albert Saltus from Mullet Bay, who passed away. What it is will be sadly missed. On a happier note, I would like a letter if possible sent to both the Bermuda …
Thank you, Mr. Speaker. Mr. Speaker, I would like a letter of condolences sent to the family of Mr. Albert Saltus from Mullet Bay, who passed away. What it is will be sadly missed. On a happier note, I would like a letter if possible sent to both the Bermuda College and the US Consulate, especially the US Consul General, Ms. Branwen Smith -King; the interim Vice President of the Bermuda College; and Troy University, my alma mater, for the realisation of an articulation agreement which would benefit many students for many years to come in education, especially in the field of hospitality. There is a baccalaureate degree programme in hospitality, nurs-ing, risk management and sports mana gement. In addition to being a fine university, [Troy] has some great sporting teams which I was blessed to be a part of. It is a great time. It takes a long time to achieve these types of things, Mr. Speaker. And I am very pleased to have been associated with the process, having been a graduate in 1980 of Troy University. To have the oldest living chancellor of a public education system in Bermuda to do such was no mean feat. A gentleman, [University Chancellor] Dr. Jack Hawkins, who eulogised the late Congressman John Lewis, the boy from Troy who was born in Pike County who in 1957 could not even enter the school and made such good friends with the same Dr. Jack Hawkins for him to eulogise him. And to be in Bermuda was indeed an honour for me to be a part of that and to be con-nected with such a fine institution, to have them in Bermuda to do many good things. And a shout -out to certainly the President of the Senate, who very tearfully contributed a donation to be a part of the nursing programme, which is her trade, Senator Joan Dillas - Wright. It was my honour to have a whirl wind 49 hours in the presence of such good work done by the US Con-sul General and the Bermuda College in collaboration with the good people at Troy. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Swan. MP Lister, would you like to make a contribution?
Mr. Dennis Lister IIIGood morning, Mr. Speaker, and good morning to the listening audience. I would just like to rise to give congratulations today to Somerset Cricket Club. This week is their anniversary week, and the club celebrates 98 years of ex-istence! [Inaudible interjections]
Mr. Dennis Lister IIIWhile I say, Mr. Speaker, 98 years of existence, we have to remember that the club itself is in the location of . . . Somerset Cricket Club is much younger —76 years old. But Somerset Cricket Club after the amalgamation of West End Rovers and I cannot reme mber …
Some Hon. Members Some Hon. MembersSomerset Colts.
Mr. Dennis Lister IIISo they celebrate 98 years of existence, the Somerset Cricket Club. So as I said, this has been their anniversary week this week. But I do want to switch sides, Mr. Speaker. Very, very rarely you will hear me say congratulations to this. But congratulations to the new incoming Presi-dent …
So they celebrate 98 years of existence, the Somerset Cricket Club. So as I said, this has been their anniversary week this week. But I do want to switch sides, Mr. Speaker. Very, very rarely you will hear me say congratulations to this. But congratulations to the new incoming Presi-dent of St. George’s Cricket Club. I will associate MP Swan and the other St. George’s fans and followers in this House. Mr. Mishael Paynter, a young man who is stepping in to take over from Mr. Neil P aynter, who had served for 20- plus years, I think the longest -serving President of St. George’s Cricket Club. So—
Mr. Dennis Lister IIIAll right. Well, I am corrected. But as I said, very rarely you hear me give congratulations to St. George’s. While I congratulate them on the change of president, I hope that it does not bring a change of fortune for them when it comes to Cup Match. [Inaudible interjections …
The SpeakerThe SpeakerYou will not have to worry about congratulating them this summer.
Mr. Dennis Lister IIIDefinitely not! So congratulations to both Somerset Cricket Club and St. George’s Cricket Club. [Inaudible interjections and laughter] Bermuda House of Assembly The Speaker: Does any other Member? Minister Burch, you have your three minutes.
Lt. Col. Hon. David A. BurchMr. Speaker, thank you for that. I would like to be associated with the congratulations to Bright Temple for their 60th anniversary. And I would like to ask the House to send letters of condolence to two outstanding individuals. The first would be Mr. Calvin Ming, who passed—
The SpeakerThe SpeakerAssociate yourself. Your Whip did it just now.
Lt. Col. Hon. David A. BurchOh, okay. Then I would associate myself with the condolences for Mr. Ming. I attended his homegoing ceremony, and the first tributer was Puisne Judge Juan Wolffe, who reported that when Mr. Ming worked in the court system with drug convicts, not one of them re- offended. And I think …
Oh, okay. Then I would associate myself with the condolences for Mr. Ming. I attended his homegoing ceremony, and the first tributer was Puisne Judge Juan Wolffe, who reported that when Mr. Ming worked in the court system with drug convicts, not one of them re- offended. And I think that was a testament to his attitude and approach and life. Wherever he went, whatever he touched was positive. And even though he got an ex tra 31 years after a heart transplant, he always gave the best of himself to eve-rybody whom he met. I attended the Red Kettle campaign in December, where he was at. And the former Executive Direc-tor of the Salvation Army in Bermuda, now Lieutenant Colonel Sandra Stokes, attended the funeral and informed us that she had a boyfriend while she was here. And it was him because he intervened and helped her assimilate into Bermuda and be a success as a divi-sional commander. The second condolences I would like to offer up (and maybe someone has done these too) is for Mr. Joseph Sinclair Richards.
Lt. Col. Hon. David A. BurchOkay. I will be associated with them then as well, Mr. Speaker. Mr. Richards taught me at West End Primary School a lot of years ago. [Inaudible interjections ]
Lt. Col. Hon. David A. BurchPlenty, plenty. Too many to remember. So his celebration was on Tuesday of this week. Mr. Richards, people talk about schools and sav-ings schools and buildings. I do not have a whole lot of time for that because I do not remember what class-room I was in or what the …
Plenty, plenty. Too many to remember. So his celebration was on Tuesday of this week. Mr. Richards, people talk about schools and sav-ings schools and buildings. I do not have a whole lot of time for that because I do not remember what class-room I was in or what the innards of the school looke d like. I remember the teachers who taught me who had an impact on my life. So he would be partly responsible for who I am today. And he was an outstanding educator. [Timer chimes]
The SpeakerThe SpeakerThank you, Minister. Does any other Member? MP Jackson, you have your three minutes.
Ms. Susan E. JacksonThank you, Mr. Speaker. You have got to be quick on your feet for this.
Ms. Susan E. JacksonI would like to send condolences to the family and friends of Birgitte Dill. She was affectionately known as Bitten Dill and was the mother of our bishop, Nicholas Dill. An amazing legacy of fam-ily. She has produced . . . Well, what more can anyone say? She has produced …
I would like to send condolences to the family and friends of Birgitte Dill. She was affectionately known as Bitten Dill and was the mother of our bishop, Nicholas Dill. An amazing legacy of fam-ily. She has produced . . . Well, what more can anyone say? She has produced the Bishop of Bermuda. But a grandmother, great -grandmother, a mother, a friend, an amazing constituent. And I just want to acknowledge that her life here in Bermuda, her service to the Old Devonshire Churc h in Devonshire, her commitment to family, to the community, to Bermuda as a whole were substantial. And her legacy will live on for many, many generations to come. So, I would like the House to acknowledge and certainly feel and share condolences to the family at this time. Thank you.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to— Premier, you have your three minutes. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the remarks of condolences that were given to the family of Mr. Calvin Ming. I, along with the …
Thank you, MP. Does any other Member wish to— Premier, you have your three minutes. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the remarks of condolences that were given to the family of Mr. Calvin Ming. I, along with the Opposition Leader, attended Florida Air Academy with Calvin Ming [III], his son. And certainly we were close to the family. So I want to ensure that I am associated with those remarks. I would also ask that an honourable note of condolences be sent to the family of the late Mr. Ryvan Ramsey. Mr. Ramsey’s beloved wife, Verna- Lee, is a devoted member of the Cabinet Office team, whom I am sure many Members would be aware of. I would ask that a letter be sent there. I would also ask, Mr. Speaker, that a letter of condolence be sent to the family of Mr. Peter Ramotar. I would like to associate all Members of the House. Mr. Ramotar was a remarkable man whose dedication and selflessness profoundly impacted our community and our party, the party that I represent in this House. He was a tireless contributor to the Progressive Labour Party as a delegate providing transport at meals during 344 9 February 2024 Official Hansard Report
Bermuda House of Assembly elections and conferences. He was a well -known ambassador for his adopted country of Bermuda and as a bus and a taxi driver. We know and we remember what happened with him in 2021 when he protected schoolchildren on his bus who were being verbally abused, which led him to be viciously attacked. But it showed his bravery and care for others. I did attend the service. I spoke at the service. And he is certainly deeply missed. And I am grateful for the kindness that he showed not only to myself as Premier, but also to my family. And there is a particular story that I shared at the wedding [sic] where my —
An Hon. Member An Hon. MemberFuneral. Hon. E. David Burt: Funeral, sorry . . . where my wife and my mother -in-law went to Bermy Cuisine the day after the 2017 election. It was full, and Mr. Ramotar offered a table not knowing who the persons were. When he found out, he was overjoyed and …
Funeral. Hon. E. David Burt: Funeral, sorry . . . where my wife and my mother -in-law went to Bermy Cuisine the day after the 2017 election. It was full, and Mr. Ramotar offered a table not knowing who the persons were. When he found out, he was overjoyed and he even paid for the meal . And it was just a measure of the selfless, selfless person that he was. Mr. Speaker, finally I wish to ask for a letter of condolence to also be sent to the family of my late con-stituent, Ms. Colleen Hollis, who also is the aunt of the Minister of Education. Ms. Hollis was a cherished member of the Pembroke community who regu larly attended our open- door clinics, also participated in our annual Seniors Tea. She was a treat, someone whom I always liked to visit at her home. Unfortunately, I was off Island over the Christmas holiday and was not able to be there at her service. Bu t when I went canvassing a couple of weeks ago, I made sure to stop by and deliver my personal respects to her husband, Mr. Sherman Hollis. And finally, Mr. Speaker, I would like to ask that all Members be associated in this House with congrat-ulations to our new Chief Justice, Mr. Larry Mussenden.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? Opposition Whip Cannonier.
Mr. L. Craig CannonierThank you, Mr. Speaker. On congratulatory notes, everyone knows —I declare my interest, I should say —my grandson plays for the Dandy Town Hornets and is a 13- year-old. I just want to congratulate the coaches. They are doing a fantastic job. At this time of the year the national …
Thank you, Mr. Speaker. On congratulatory notes, everyone knows —I declare my interest, I should say —my grandson plays for the Dandy Town Hornets and is a 13- year-old. I just want to congratulate the coaches. They are doing a fantastic job. At this time of the year the national c oaches, Bermuda’s National Team coaches are looking for players to choose. And eight of the under -13 members of the Dandy Town team actually were nominated for the national team. That is like almost a whole team. The first time I have heard of that.
The SpeakerThe SpeakerNow, you know, the senior team was all Trojans back in the day. [Laughter]
The SpeakerThe SpeakerRemember that now. Just remember that. It was all Trojans back in the day.
Mr. L. Craig CannonierSo, I just want to congratulate the coaches on a fantastic job. They are grooming some great young men and doing a fantastic job. For eight of their team members to be nominated for the National Coach Team! Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? None other? Before we move on, I would just like to add my name to some of the remarks that have already been expressed. Of course, I would like to be associated with the condolences to …
Thank you. Does any other Member wish to make a contribution at this time? None other? Before we move on, I would just like to add my name to some of the remarks that have already been expressed. Of course, I would like to be associated with the condolences to Cal Ming. I have known Mr. Ming for many, many years. He was always an outstanding gentleman, very sincere in everything that he did. Mr. Sinclair Richards. Of course, as a Somerset boy, I know of Mr. Richards and his family extremely well, although I did not attend West End. He always had a very positive and strong image in our community. And also my former classmate, Ms. Bessie Horton. We all know that Bessie was always strong in her viewpoint and took notes asking to express them to you at any time. She will definitely be a miss. Last, to the congratulations to the newly appointed Chief Justice, Mr. Larry Mussenden. And yes, supporting the congratulations to the Somerset Cricket Club and recognising that we will be honouring them again, acknowledging them again this summer after the classic.
[Laughter]
The SpeakerThe SpeakerThank you, Members. We will now move on. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS B ermuda House of Assembly The Speaker: There 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 GOVERNMENT BILLS
The SpeakerThe SpeakerThere are two Government Bills to be introduced this morning. The Premier’s is the first. Would you like to introduce your Bill at this time? FIRST READING REGISTRAR OF COMPANIES (ANNUAL CORPORATE REGULATORY FEES) ACT 2024 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, with the Governor’s declaration …
There are two Government Bills to be introduced this morning. The Premier’s is the first. Would you like to introduce your Bill at this time? FIRST READING REGISTRAR OF COMPANIES (ANNUAL CORPORATE REGULATORY FEES) ACT 2024 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, with the Governor’s declaration as per section 2(1) of the Provisional Collection of Revenue Act 1975 that it is expedient to the public interest that the provisions of this Bill should have statutory ef-fect from its first reading in the Hous e of Assembly, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the first day of meeting, and that is the Registrar of Companies (Annual Corporate Regulatory Fees) Act 2024.
The SpeakerThe SpeakerThank you, Premier. The next is in the name of the Minister of Economy and Labour. Minister. FIRST READING ECONOMIC DEVELOPMENT AMENDMENT ACT 2024 Hon. Jason Hayward: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for …
Thank you, Premier. The next is in the name of the Minister of Economy and Labour. Minister. FIRST READING ECONOMIC DEVELOPMENT AMENDMENT ACT 2024 Hon. Jason Hayward: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Economic Development Amendment Act 2024.
The SpeakerThe SpeakerThank you. No further Bills to be introduced. NOTICE OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerMembers, the order of business to be done today is the second reading of the Investment Business Amendment Act 2023 . . . adjustment? And that is in the name of the Premier/Minister of Finance. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that …
Members, the order of business to be done today is the second reading of the Investment Business Amendment Act 2023 . . . adjustment? And that is in the name of the Premier/Minister of Finance. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Investment Business Amendment Act 2023 be now read for the second time.
The SpeakerThe SpeakerAny objections? There are none. Continue. BILL SECOND READING INVESTMENT BUSINESS AMENDMENT ACT 2023 [2024] Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I am pleased to present the Bill entitled the Investment Business Amendment Act 2023, which of course, Mr. Speaker, when we enter Committee, …
The SpeakerThe SpeakerTo be 2024, correct. Hon. E. David Burt: It was tabled in 2023, but we will be passing it into law in 2024 if the House does accept this Bill.
The SpeakerThe SpeakerYes. Hon. E. David Burt: The main purpose of this Bill is to introduce enhancements to the Investment Business Act [2003], which I will hereinafter refer to as “the Act,” to modernise the ov ersight of investment exchanges and clearing houses, collectively termed as “recognised bodies” underneath the Act, which …
Yes. Hon. E. David Burt: The main purpose of this Bill is to introduce enhancements to the Investment Business Act [2003], which I will hereinafter refer to as “the Act,” to modernise the ov ersight of investment exchanges and clearing houses, collectively termed as “recognised bodies” underneath the Act, which are supervised by the Bermuda Monetary Authority [BMA], which for short I will say “the Authority” as I continue to read this brief. The Bill also contains a small number of other changes mainly to clarify aspects of the framework, changes for regulation or investment business firms, which were approved by the Legislature in 2022. Mr. Speaker, Bermuda’s financial services sector is subject to the regulation supervision of the BMA, which was established in 1969 under the Bermuda Monetary Authority Act. The Act vests the Authority with the powers to license, register and supervise persons carrying on investment business in or from 346 9 February 2024 Official Hansard Report B ermuda House of Assembly Bermuda and to pursue corrective action as necessary to maintain a safe and sound environment. The Act within Part IV also provides for a framework for the Authority to recognise and supervise investment exchanges in clearing houses operating in Bermuda in a manner proportionate to the nature, scale and complexity of its operations and the risks they may pose to the juri sdiction. Mr. Speaker, the governing framework for the Authority’s supervision of investment businesses de-rives in large measure from core principles issued by the International Organization of Securities Commissions, which I will refer to as “IOSCO.” And, Mr. Spea ker, I just joked in the Ministry of Finance that I like to sometimes call it “the Ministry of Acronyms” as there are so many acronyms that a Minister of Finance has to remember. However, the Authority incorporates the principles throughout the framework duly taking into account the specific nature of the investment business market in Bermuda. The House is reminded that the Authority has been a member of IOSCO since the 6 th of June 2007. The House is also advised that the IOSCO core principles require a relevant regulatory authority to frequently review the manner in which securities regulations are carried out in its market. Mr. Speaker, as previously indicated, the majority of the changes being proposed in this Bill pertain to oversight of recognised bodies, which are addressed under Part IV of the Act. The changes represent the final phase of a multi -year modernisation of t he Act which commenced in 2021. Members are also reminded that the Authority first sought to enhance its su-pervision of investment businesses through amend-ment of the Act in 2022 with the express intention to update regulatory requirements for recognised b odies thereafter. Mr. Speaker, the Authority commenced the initiative to update the framework for recognised bodies by reviewing the current framework against the relevant international standards including those established by IOSCO. The need for effective and appropriate oversight of investment exchanges and clearing houses is underscored throughout principles promulgated by IOSCO, specifically principle 9, which handles princi-ples of securities regulation established as an expecta-tion for financial regulators to create, i mplement and maintain appropriate oversight frameworks for self -regulatory organisations (or SROs), a general classifica-tion within which investment exchanges and clearing houses typically fall. To meet these objective- related standards emphasises the need for financial regulators to retain comprehensive inspection, investigation and surveillance powers and to ensure that the regulatory frameworks facilitate the credible and effective use of such powers. Mr. Speaker, the principles for financial market infrastructures, which were also developed by IOSCO in collaboration with the Bank for International Settlements, [are as follows]: •to guide the oversight of investment ex-changes, clearing houses and other market intermediaries; •to establish expectations for, amongst other things, the public disclosure of the criteria used to identify financial market infrastructures thatare subject to regulation, supervision and oversight; •the establishment of adequate powers for regulators consistent with their relative responsi-bilities including the ability to obtain timely information; and •to enforce corrective action when necessary and clear definition and disclosure by regulators of their policies regarding financial market infrastructures including their objectives, rolesand regulations. Mr. Speaker, following assessment of the existing framework in the context of both sets of principles, the Authority developed the proposals being presented today, which are designed to achieve a modern and more appropriate regulatory framework for oversight of investment exchanges and clearing houses. It should be noted that the proposals were pre- consulted with key stakeholders, the Bermuda Stock Exchange, Bermuda’s only recognised body, first in December of 2022, and again more comprehensively in mid-20 23 once proposals had been fully developed. Following pre- consultation, the Authority issued a consultation paper in September 2023 entitled “Proposed Amendments for the Regulation of Invest-ment Exchanges and Clearing Houses and other Additional Changes to the Investment Business Act 2003” to initi ate wider engagement of stakeholders on the detailed proposals. Mr. Speaker, generally speaking, these amendments introduce minimum recognition in prudential requirements which are currently absent from Part IV of the Act, which is due to unexercised regulation rulemaking powers already available in the Act, and they will also serve to better align the regulators’ enforcement capabilities under this framework with inter-national expectations. Mr. Speaker, the key highlights of the amendments are as follows: Recognition Requirements Hon. E. David Burt: The Bill clarifies the eligibility requirements for the recognition of investment ex-changes and clearing houses. Currently, Part IV does not specify that recognised bodies must be domiciled and operate in Bermuda. This Bill will therefore clarify and distinguish the limited scope of Part IV when compared with the rest of the Act by specifying that recog-nised bodies must be incorporated or domiciled in Ber-muda. Mr. Speaker, in present section 71 of the Act, the Authority may issue a recognition order if an
B ermuda House of Assembly applicant satisfies the requirements for recognition established by the Minister of Finance. This Bill provides for amendment within Part IV to replace that recogni-tion order with a recognition certificate also issued by the Authority where an applicant has satisfied certain recognition requirements. The objective of this change is to conform this recognition instrument with the type of instruments issued by the Authority in similar frame-works. Establishment of Prudential Standards Hon. E. David Burt: Mr. Speaker, one of the main pillars of effective prudential supervision is ensuring the ongoing safety and soundness of financial services firms by monitoring their solvency and liquidity over time. This Bill therefore introduces the ability for the Au-thority to issue rules establishing minimum prudential standards for recognised bodies with a focus on capital and liquidity requirements. Under such rules, recog-nised bodies will be newly required to report their capi-tal liquidity positio ns to the Authority on a semi- annual basis and to allow the regulator to monitor compliance with those minimum requirements. Introduction of Enforcement Powers Hon. E. David Burt: Mr. Speaker, the Bill will provide the Authority with powers to enforce the various re-quirements in the Act which pertain to recognised bodies. The enforcement powers provided for in the Bill will facilitate information- gathering, investigation, disciplinary capabilities where it is determined that a recog-nised body has breached or is suspected of breach un-der the requirements of the Act. And those powers will be executed in a manner consistent with other frameworks administered by the Authority. Mr. Speaker, included among these new enforcement powers is the right of the Authority to give directions to a recognised body if such directions are deemed to be in the best interest of the jurisdiction including for the preservation of Bermuda’s financi al stability. Obligations of Recognised Bodies Hon. E. David Burt: Mr. Speaker, the Bill will make provision for the Authority to prove a recognised body’s market listing rules, regulations and/or bylaws. A rec-ognised body will be required to submit proposed new or amended market listing rules to the Authority for writ-ten approval before they are enacted. This represents a strengthening to the existing requirements in section 73 for recognised bodies to simply notify the Authority where they alter or revoke rules or guidance or where they make new rules or issue new guidance to the mar-ket. Mr. Speaker, the Bill also introduces the requirement for every recognised body to appoint an auditor to conduct financial audits in accordance with generally accepted auditing standards. Furthermore, it establishes the duty for auditors to communicate cer-tain matters that they become aware of during the course of the audits to the Authority. Those matters include but are not limited to when an auditor identifies material misstatement in a recognised body’s financial statement, has doubts about the ability of a recognised body to continue as a going concern, or identifies ma-terial internal control weaknesses or fraud. The details of those matters which should be reported to the Au-thority will be codified within a new set of regulations following the enactment of this Bill. Audited Annual Financial Statements Hon. E. David Burt: Mr. Speaker, the Bill further requires each recognised body to submit audited finan-cial statements to the Authority no later than 120 days after its year end. Those financial statements must be prepared in accordance with accounting standards rec-ognised by the Authority. Mr. Speaker, currently Part IV of the Act allows the Authority to waive or modify a requirement for a recognised body in respect of specific matters of which it would ordinarily be obligated to no-tify the Authority under section 73. Mr. Speaker, to introduce even more flexibility within the framework for operators, the Bill extends its facility to permit the Authority to grant a waiver or modification in relation to any rule or requirement applicable to recognised bodies under the Act either where a rec-ognised body has applied for such consideration or oth-erwise as the Authority determines appropriate. The Authority already has the ability to consider and grant such waivers under other frameworks including the newly enhanced framework for supervision of investment business firms. Control and Ownership Hon. E. David Burt: Mr. Speaker, regarding control and ownership, the Bill will establish a requirement for mandatory reporting of changes in controllers or offic-ers within 14 days of a recognised body being aware of such a change. This requirement aligns Part IV of the Act with the remainder of the Act in terms of responsibilities and obligations of licensed and registered per-sons under the wider investment business supervisory framework. Mr. Speak er, the Bill will further permit the Authority to issue an objection to [propos ed] new or increased control of a recognised body in circumstances where persons do not specify specific criteria within the Act. This requirement will prohibit a proposal for a new or increased control from taking effect until suc h time as the Authority has provided a written objection, or after 90 days of the date from which the notification in cas es where the Authority has not issued a no-o bjection no-tice. 348 9 February 2024 Official Hansard Report B ermuda House of Assembly Mr. Speaker, in a move to further align Part IV with similar powers and other frameworks, the Bill also grants the Authority the power to restrict the sale of shares of a recognised body in line with international expectations. Mr. Speaker, the new Bill introduces the ability for the Authority to charge a fee to persons applying for recognition as well as an annual fee for retaining that recognition status and being supervised by the Authority. The amounts of each of these fees will be determined following a separate consultation with the industry and will be commensurate with the level of supervision required for recognised bodies. Mr. Speaker, with regard to other changes related to supervision of investment businesses, while the primary objective of this Bill is to introduce changes to strengthen oversight of investment exchanges and clearing houses recognised under Part IV of the Act, the Bill also captures minor changes to other sections of the Act pertaining to supervision of investment businesses. These include the following: •clarification of the required standards for auditing and preparation of financ ial statements for in-vestment providers; •consolidation of the Minister’s order-m aking ability to designate non-r egistrable persons within a single provision, as currently this power is referred to in two separate sections; •a c onsequential amendment to the Fourth Schedule of the Bermuda Monetary Authority Act 1969 to correct references within para-graphs under the Investment Business sectionto align with and to reflect 2022 updates; and •other minor wording amendments to clarify requirements which will remain unchanged. Regulation Rules Hon. E. David Burt: Mr. Speaker, while the majority of the framework change is being made within primary legislation, I am pleased to advise that this Bill is being accompanied by two sets of regulations, namely, the Investment Business (Recognised Bodies) (Qualifica-tion Req uirements) Regulations and the Investment Business (Recognised Bodies) (Reporting Account-ants) (Facts and Matters of Material Significance) Reg-ulations. Mr. Speaker, the first of those regulations addresses the qualifying criteria for recognition of the framework, while the second outlines in detail the matters of material significance which auditors and accountants of recognised bodies will be obliged to report to the Authority. Mr. Speaker, the regulations are sub-ject to the negative resolution procedure, and I intend to publish and lay them in this House in the near future. Mr. Speaker, as a complement to those regulations, the Authority will issue a new set of rules, the Investment Business (Prudential Standards) (Recog-nised Body) Rules, to outline minimal capital and liquid-ity requirements for recognised bodies. Mr. Speaker, in closing, I would like to note the various changes being introduced in this Bill and its supporting instruments will together ens ure the regulatory architecture for rec ognis ed bodies in Bermuda remains appropriate and in line with international expectations, and in so doing facilitates greater effectiveness of the Authority’s administration of that framework and reinforces Bermuda’s position as a leading international financial centre. Mr . Speaker, as I close, I would like to state that I would like to express my sincere thanks to the Authority and to the regulatory unit within the Ministry of Finance, also to the team at the Ministry of Legal Affairs, and also the private sector for their assistance in the development of this Bill today.
The SpeakerThe SpeakerThank you, Premier and Minister. Opposition Leader, you have the floor. Hon. Jarion Richardson: Yes. Thank you, Mr. Speaker. It is hard to make regulatory compliance riveting but let us see what we can do. I would like to acknowledge my former colleagues from the Bermuda Monetary Authority who are …
Thank you, Premier and Minister. Opposition Leader, you have the floor. Hon. Jarion Richardson: Yes. Thank you, Mr. Speaker. It is hard to make regulatory compliance riveting but let us see what we can do. I would like to acknowledge my former colleagues from the Bermuda Monetary Authority who are consummate professionals and constantly making our country better and safer and our economy stronger. To that end. I would like to speak to this Bill. We obviously support it. The Bermuda Monetary Authority in their work to achieve international compliance with IOSCO and other international standards are con-stantly working toward that outcome. And I should add that financial regulation is not an easy thing to do. It requires an incredible amount of knowledge about the thing that you are overseeing. But it also requires the discretion to know when to balance what can often seem as heavy -handed intervention i nto markets and regulated entities. Bermuda benefits in a number of ways from the investment business regime. Most notably, we have some 49 regulated entities in this sector, though this specific Bill deals with only one of those, that being the stock exchange. But even though we only have one, we have to be very, very mindful of the role of the stock exchange in Bermuda. It plays a key role of matching capital with ideas. And to that end it is absolutely vital to our wider economy. A lot of times in our economy we speak about international business and refer almost ex-clusively to the areas of insurance and reinsurance. And it is really the team in banking, trust, investments, corporate service providers (I cannot get all of the titles right) —BTCSI [Banking, Trusts, Corporate Services and Investments Department] it is called, that depart-ment, who work very, very hard to make sure that the rest of the financial services market and industry is competitive and well regulated. And to them I give credit. I would note that some of these updates are pretty vanilla. They relate to a number of updates that
Bermuda House of Assembly have been made to other regulatory Acts such as the Trusts (Regulation of Trust Business) Act and similar. So the good thing is that the Bermuda Monetary Authority is well aware of all of these provisions and has been using them for some time, probably since we started this general update 20 years ago. I would like to add that we do have to be careful as we introduce new regulatory provisions and powers into our framework. It is not hard to get this wrong. But I do have faith in the Bermuda Monetary Authori ty and my former colleagues that they will get it right. I will have some comments relating to the specific provisions when we go into Committee. But I equally would like to thank the Bermuda Stock Exchange and all parties who contributed to this work. It is what is keeping our heads . . . it is what is keeping our reputation as a country well above our competitors. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Opposition Leader. Does any — Minister, Minister Hayward. Before I got to the question you were on your feet. The floor is yours. Hon. Jason Hayward: Mr. Speaker, I certainly want to thank the Premier and Minister of Finance for bringing forward this Bill. Also, I want to …
Thank you, Opposition Leader. Does any — Minister, Minister Hayward. Before I got to the question you were on your feet. The floor is yours.
Hon. Jason Hayward: Mr. Speaker, I certainly want to thank the Premier and Minister of Finance for bringing forward this Bill. Also, I want to thank the team at the Bermuda Monetary Authority for the work that they have done and the consultation that actually took place, which made it abundantly clear what this particular Bill sets out to do. And there is a consultation paper on what the regulations set out and how the regulations will support the principal Act, once [the amendment Act is] passed. As the Minister responsible for the economy and labour, I am often asked by individuals who are seeking to domicile their companies in Bermuda, Why Bermuda? Why Bermuda versus other jurisdictions? And I begin with, Bermuda is a leading international financial services jurisdiction with a sound regulatory environment , and a first -class regulator. And in order for us to maintain that reputation, we have to continue to evolve with the regulatory standards that are out there. We need to continue to set ourselv es and our jurisdiction apart from other jurisdictions who choose not to adopt the same level of strength in their regulatory framework that Bermuda has. I often tell companies that Bermuda is not in the “volume” game. We are in the “value” game. And when a company is registered in Bermuda, it is a hall-mark as to the value that that company has actually demonstrated by meeting Bermuda’s regulatory requirements. But Bermuda’s regulatory requirements are not rigid. They have also been innovative, and they are also flexible to facilitate further business growth and development. But for members of the public who may need a better understanding as to why we continue to change these laws, it is not about setting a set of regulations and then that is the end of the process. There is ongoing monitoring and supervision that actually takes place. When we increase our framework, what it actually does is allow our regulators to identify and address potential risks that could have systematic implications for our entire economy. Bermuda has a strong reputation, and it is important that we maintain that reputation. It is also essential for safeguarding the interests of consumers. Investors and shareholders place capital in businesses. Consumers’ funds are also managed by these businesses. And it is important that we protect those individuals from potential risk —not all, but the ones that we can clearly identify and mitigate against. A comprehen-sive regulatory framework maintains the integrity of Bermuda’s financial market and our reputation . It also allows us to remain competitive and keep up with global standards that are actually set. When we look at the overarching goal, it is actually to instil trust and confidence in our financial sys-tem. And that is what we are doing here today. We are making improvements so that the trust and the confidence in Bermuda’s financial framework, our reg ulatory framework and our business ecosystem, are actually maintained. Mr. Speaker, when I am answering the question, Why Bermuda? it is another po int I also raise. And that is the level of collaboration that takes place between the regulator and industry. It is important that the regulator has the staff with the competence, who clearly understand the industry and sectors that it is actually regulati ng. But it is also important that the industry has an opportunity to provide feedback and input into the changes that we are actually making. What we do not want to do is have a fr amework in place that does not meet the needs of a business’s ability to operate. And from a jurisdictional standpoint, Bermuda has done an excellent job as it pertains to building that relationship with industry on an ongoing basis, whether it be in insurance and reinsurance (we are talking about long-term insurance), whether we are taking about our banking system, whether we are talking about other fi-nancial services. It is a strong relationship between our regulator and industry that leads to many of the changes that we actually discuss in this House. It is important that our regulator has the human resource capacity that allows it to cultivate a deeper un-derstanding and insight into the industry. So not only that the regulations are set to regulate activities that are currently taking place, but antici patory and proactive work can be done to also support innovation and the evolution of an industry sector. The competent staff within the BMA are able to do a deep dive into the prudential standards of a company with their ongoing supervision work. And I think that is another unique feature of Bermuda, the level of supervision that actually takes place on the ground and the deep dive that those officers actually take into 350 9 February 2024 Official Hansard Report Ber muda House of Assembly ensuring that companies are living up to the expectation and they maintain a consistent level of business operations. You see, a company can pose itself as one thing when it is seeking to domicile in Bermuda, and then those standards can deteriorate over time. So, su-pervision is extremely important as it pertains to ensuring that the standard is maintained throughout the period of that company’s operation. Mr. Speaker, what you will find is that the Government, the regulator and industry, not just as we are discussing with this particular investment services [area] but in all other areas of our financial sector, continue to collaborate. And that is kind of the cornerstone and bedrock of our regulatory ecosystem. And that is why Bermuda is looked at as a blue chip business des-tination with a strong reputation. Companies continue to desire to domicile in Bermuda and operate out of Bermuda based off of that particular reputation. That is only one piece of our overall value proposition, and as the Minister responsible for Economy and Labour it is my responsibility to ensure that we have an overall ecosystem that allows businesses to thrive and succeed. And this is one component of it. But the other components are ensuring that we keep busi-ness costs down as best as we possibly can, ensuring that we have a skilled workforce so businesses can get the human capital they require in a timely basis, ensur-ing that Bermuda remains a safe place and the quality of life for those who live in Bermuda is actually maintained. It is also my responsibility to ensure that I continue to focus on training and development of a competent Bermuda workforce that can actually (1) go into industry and drive an industry, but (2) support the work of the regulator. And you will see as Bermuda’s economy continues to expand and we have expansion of industry there will be a need for a regulator to expand, the hu-man resources associated with the regulator expanding and the services that the regulator actually provides ex-panding as well. So in conclusion, Mr. Speaker, I thank the Minister of Finance and the Bermuda Monetary Authority for bringing this Bill here today. It does serve as another notch in Bermuda’s belt as it pertains to our showing that we are a leading international financi al jurisdiction. Thank you. Th e Speaker: Thank you, Minister. Does any other Member wish to make a contribution at this time? None other? Premier. Ho n. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I am grateful for the comments from the Opposition Leader indicating the Opposition support. I am grateful for the contributions of the Minis-ter of Economy and Labour who has, like me, been on the road making sure to tell Bermuda’s attractiveness for investments. And I think that the high standards that we have with the Bermuda Monetary Authority, combined with the high standards of which this Government has implemented making sure that we are internationally recognised as a compliant and cooperative jurisdiction amongst the many different assessments that we have to undertake in combination with the Bermuda Monetary Authority, stand this country in good stead. So with that, Mr . Speaker, w ith your per mission I move that the Bill be c ommitted.
The SpeakerThe SpeakerThank you. Deputy [Speaker]. House in Committee at 12:03 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL INVESTMENT BUSINESS AMENDMENT ACT 2023 [2024]
The ChairmanChairmanHonourable Members, we are now in Committee of the whole for further consideration of the Bill entitled Investment Busines s Amendment Act 2023. Premier, Financ e Minister David Burt, y ou have the floor. AMENDMENT TO CLAUSE 1 Hon. E. David Burt: Thank you very much, Mr. Chairman. Mr. Chairman, …
Honourable Members, we are now in Committee of the whole for further consideration of the Bill entitled Investment Busines s Amendment Act 2023. Premier, Financ e Minister David Burt, y ou have the floor. AMENDMENT TO CLAUSE 1 Hon. E. David Burt: Thank you very much, Mr. Chairman. Mr. Chairman, I mov e that the title of the Bill be amended to reflect the year 2024 and be read as the Inves tment Bus iness [A mendment] Act 2 024.
The ChairmanChairmanAny objections? No obj ections. Continue. [Mot ion carried: Clause 1 amended.] Ho n. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I would like to move all of the clauses if I may. Th e Chairman: Continue. Ho n. E. David Burt: This might take a while to …
Any objections? No obj ections. Continue. [Mot ion carried: Clause 1 amended.] Ho n. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I would like to move all of the clauses if I may. Th e Chairman: Continue. Ho n. E. David Burt: This might take a while to read. Th e Chairman: Yes. Ho n. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, clause 1 provides a citation for the Bill. Clause 2 amends section 2 of the principal Act in the definition of a “non -registrable person” by deleting the reference to “section 13D” and substituting a
Bermuda House of Assembly reference to “section 13(1)(b)” in order to remove the duplication of the requirement that existed in both sections for persons to be designated by order of the Minister as a “ non-registrable person. ” Clause 3 amends section 12(1) of the principal Act by deleting the reference in paragraph (c) to “section 13D” and substituting the reference to “section 13(1)(b)” to remove the duplication of the requirement that existed in both sections for persons to be designated by order of the Minister as a “ non-registrable person” and to provide for an additional restriction of not carrying on investment business unless “designated as a recognised body under Part IV of the Act.” Clause 4 amends section 13(1)(b) of the principal Act by inserting a clarification that the section applies to those “for whom there is no requirement to be licensed or registered under this Act.” Clause 5 amends the principal Act by repealing section 13D. Clause 6 amends the principal Act by repealing and replacing section 41(1A) in order to reformat the provision and replace the reference to “Financial Reporting” with “on Auditing. ” Section 41 is further amended to insert a new subsection (1D) which intro-duces the requirements for investment providers to pre-pare financial statements in accordance with International Financial Reporting Standards (IFRS); Generally Accepted Accounting Principles (GAAP) in Bermuda, the United Kingdom or the United States of A merica; or any such other GAAP as the Authority may recognise. Clause 7 amends section 45(1)(a) of the principal Act to make the language in the provision clearer. Clause 8 amends section 49A of the principal Act by inserting a new paragraph (ba) to allow the Au-thority to conduct an investigation if “a recognised body has contravened a condition imposed by the Authority on it in relation to the manner in which it may conduct any investment activity ;”. Clause 9 amends section 52(1) of the principal Act in paragraph (a) by deleting the reference to section 13D and substituting “section 13(1)(b) ,” and in paragraph (b) by inserting a reference to section 75E to extend penalties for the obstructions of investigations to a recognised body that is being investigated on behalf of the Authority. Clause 10 amends section 55A of the principal Act by inserting a new section 55A(8A) to extend pro-hibition orders to the performance of functions in relation to [ a recognised body as it applies to the performance of functions in relation to ] a regulated activity carried on by a regulated person. Clause 11 amends the principal Act by repealing and replacing section 65(1) in order to provide in accordance with the revised terms for the purposes of recognised investment exchanges and recognised clearing houses. Clause 12 amends the heading of section 66 of the principal Act to reflect that there is no requirement for recognised investment exchanges and clearing houses to be licensed or registered under the Act. The section is further amended in subsections (1) and (2) by removing the reference to “exempt from” and providing that a recognised body is able to carry on, or purport to carry on, investment business in or from Bermuda without a licence or registration in respect of an investment activity carried on for the purposes of, or in connection with, first the provision of exchange services where the recognised body is an investment exchange, and second the provision of clearing services where the recognised body is a clearing house. Clause 13 amends section 67(1) of the principal Act in paragraphs (a) and (b) to make provision for the issuance of a recognition certificate. Clause 14 amends section 68(1) of the principal Act to make provision for an investment exchange to apply to the Authority for a recognition certificate des-ignating it to be a recognised investment exchange. Clause 15 amends section 69(1) of the principal Act to make provision for a clearing house to apply to the Authority for a recognition certificate designating it to be a recognised clearing house. Clause 16 amends the principal Act by inserting a new section 70A to impose fees to be prescribed by the Authority for an application for a recognition certificate; for a fee to be paid to the Authority “on or before the 31 st of March in every year after the year in which the recognition certificate was issued”; and for an addi-tional fee in the form of a late penalty fee to be paid “of an amount equal to ten percent of the fee due for every month or part thereof during which the fee remains un-paid.” Clause 17 amends the heading of section 71 of the principal Act to align with the issuance of “Recogni-tion Certificates” and amends subsections (1), (4), (5) and (6) by deleting reference to “order” to reflect the issuance of a recognition certificate by the Authority. Clause 18 amends section 73 of the principal Act to insert subsection (1)(c) to empower the Authority to make a rule requiring a recognised body to provide [the Authority] with “information relating to the financial soundness of the recognised body, including any material changes to capital and liquidity resources .” A new subsection (1A) is inserted to empower the Authority to make rules prescribing prudential and technical stand-ards in relation to a recognised body’s capital and liquidity requirements. A new subsection (9) is inserted to provide for filing by a recognised body of information and documents required in connection with a rule or statutory return no later than 45 days after the end of June and December yearly. A new subsection (10) is inserted to provide for a late penalty [ fee] to be imposed on a recognised body for failure to file information or documents in accordance with the rules. A new subsection (11) is inserted to allow for the Schedule to the rules to be published on the Authority’s website and be available for public inspection at the Authority’s offices. Clause 19 amends the principal Act by inserting the following new sections: 352 9 February 2024 Official Hansard Report
Bermuda House of Assembly • section 73A provides for a recognised body to give notification of a change of officer or controller and for a recognised body to be liable to a penalty if it fails to comply with the requirement to provide notification to the Authority; • section 73B provides for a recognised body to prepare annual audited financial statements, make provision for the timeframe to file a copy of the audited financial statements and audi-tor’s reports with the Authority and, amongst other matters, make provisi on for the financial statements to be prepared in accordance with IFRS or GAAP; • section 73C provides for the appointment of an approved auditor to audit a recognised body’s financial statements, to make provision for a recognised body to give notice to the Authority if it proposes to remove an auditor before the expiration of the audi tor’s term of office or replace an auditor at the expiration of the term of the auditor’s office and to provide for failure to comply with section 73C to be an offence with a fine of $25,000 upon summary conviction; • section 73D provides for an auditor to communicate certain matters to the Authority, which include (a) an auditor’s resignation before the expiration of the auditor’s term of office, (b) the auditor’s intention to not seek to be re-appointed, (c) the auditor’s decision to include a modification of his report on the recog-nised body, and (d) to provide for failure to comply with section 73D to be an offence with a fine of $25,000 upon summary conviction; • section 73E provides for a recognised body to give written notice to the Authority of any pro-posal to amend its bye- laws and market or listing rules and to provide that no effect is to be given to the proposed amendment unless the Authority approves the matter. Clause 20 amends section 74(1) of the principal Act to provide that the Authority may seek to waive any requirement of the Act from applying to a recognised body. Clause 21 amends section 75 of the principal Act to (a) introduce the ability for the Authority to issue directions where it has made a determination that it is desirable to protect members or potential members or it is necessary to preserve financial stability, (b) provide for a direction to be modified or revoked and (c) provide for a recognised body to make written representations to the Authority. Clause 22, Mr. Chairman, is rather long. But it amends the principal Act by inserting the following new sections: • section 75A introduces a requirement for a recognised body to provide the Authority (or such person acting on behalf of the Authority as specified in notice) with such information or report as the Authority may reasonably require for the performance of the Authority’s functions under the Act; • section 75B introduces the requirement for a recognised body to produce documents as may be specified in a notice and provides for any person who without reasonable excuse fails to comply with the requirement imposed on him to be guilty of an offence and liable o n summary conviction to a fine of $10,000 or im-prisonment for six months or to both; • section 75C provides for any officer, servant or agent of the Authority to have the right to enter premises and obtain information or documents, and further provides for any person who intentionally obstructs a person exercising such rights to be guilty of an off ence and liable on summary conviction to a fine of $10,000 or to imprisonment for six months or to both; • section 75D provides to enable communication to the Authority in good faith by an auditor, accountant or other person required to make a report to the Authority to not contravene such person’s duty; • section 75E provides for the Authority to appoint a competent person to investigate and report to the Authority on the nature, conduct or state of the recognised body’s business or the ownership or control of the recognised body; • section 75F empowers the Authority to impose civil penalties for breach of requirements by a recognised body; • section 75G provides for the Authority to give the person concerned a warning notice and a decision notice when imposing a civil penalty; • section 75H empowers the Authority to publish a statement, if it considers it appropriate, that a recognised body has contravened a requirement of the Act; • section 75I introduces the requirement for the Authority to give a recognised body a warning notice if the Authority proposes to publish a statement that a recognised body has contravened a requirement of the Act; • section 75J introduces a requirement for the Authority to give a recognised body a decision notice with the terms of the statement if the Authority decides to publish a statement under section 75H. Clause 23 amends section 76 of the principal Act to delete references to “order” and substi-tute “certificate” as appropriate. Clause 24 amends section 77 of the principal Act to delete references to “revocation order” and sub-stitute “issue a revocation, ” or similar wording as appropriate. Clause 25, Mr. Chairman, is also long.
The ChairmanChairmanMm-hmm. B ermuda House of Assembly Hon. E. David Burt: It amends the principal Act by inserting the following new sections: •section 77A provides for notification of new or increased control by a shareholder [controller ] of a recognised body; •section 77B empowers the Authority to object to new or …
Mm-hmm.
B ermuda House of Assembly Hon. E. David Burt: It amends the principal Act by inserting the following new sections: •section 77A provides for notification of new or increased control by a shareholder [controller ] of a recognised body; •section 77B empowers the Authority to object to new or increased control of a recognised body; •section 77C empowers the Authority to object to a controller of a recognised body that the Authority no longer deems as a fit and proper person to be a controller of that recognised body; •section 77D introduces an offence for a person who contravenes the notification requirement to the Authority of new or increased control as a shareholder [controller ] of a recognised body; •section 77E empowers the Authority to restrict the sale of shares of a person who has contravened the requirement to become a controller of a recognised body after the Authority has is-sued an objection; •section 77F provides for the Authority to issue warning notices in respect of a recognisedbody; •section 77G provides for the Authority to issue decision notices in respect of a recognisedbody; •section 77H provides for the Authority to issue a notice of discontinuance in respect of a decision not to take an action proposed in a warning notice; •section 77I empowers the Authority to publish such information about a matter to which a de-cision notice relates as it considers appropri-ate.Clause 26 repeals and replaces section 87(5) and (6) so as to provide transitional provisionsthat are to apply to the Bermuda Stock Exchange Company in accordance with the revised requirements for recognised investmentexchanges.Clause 27 provides for consequential amendments to the Bermuda Monetary Authority Act 1969. Clause 28 provides for the Minister to bring the Act into operation by notice published in the Gazette. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Mr. Premier. Any further speakers? The Chair recognises the Leader of the Opposition, Mr. Richardson. Hon. Jarion Richardson: Thank you, Mr. Chairman. I wanted to bring to the attention of the Honourable Premier and Finance Minister a clause that has produced some problems in the market, specifically clause …
Thank you, Mr. Premier. Any further speakers? The Chair recognises the Leader of the Opposition, Mr. Richardson. Hon. Jarion Richardson: Thank you, Mr. Chairman. I wanted to bring to the attention of the Honourable Premier and Finance Minister a clause that has produced some problems in the market, specifically clause 22, which will be inserting section 75G. I will read it out with your permission, Mr. Chairman, j ust so that we can have some context to this? The Chairman: Go ahead. Hon. Jarion Richardson: Section 75G provides for the Authority to give the person concerned a warning no-tice and a decision notice when imposing a civil penalty. The problem that this has produced in industry is . . . So typically, the Bermuda Monetary Authority conducts an onsite or sees something and then through that process, an investigation process, reaches a conclusion that something is in such a state that it requires a pen-alty. The language around how bad that would be used to be “systemic,” “serious” or “egregious.” It is now “grave.” In other words, it is not something normal. So the Authority . . .and by this point, by the way, the Authority always tries to work with those in market. So if they are at this point, something is definitely happening. With that being said, the principles of natural justice apply. The person is not guilty until going through the process. Now, the warning notice comes to the person, that regulated entity. And they have 14 days by which to compile the information necessary to make a representation to the Bermuda Monetary Authority, who then has 90 days to decide whether or not to proceed with the penalty. Now, the Bermuda Mone-tary Authority at this point will have had 30, 60, 90 days, had some time to put together that case, as it were, for a penalty. And equally, after the materials are pre-sented under the warning notice terms, they are going to have another 90 days to consider it. So they have got a lot of time on their hands. For the regulated person, the 14 days is not a lot of time. Fourteen days, typically what happens is the regulated person receives that warning notice, obviously in an email or something like that. And not everyone within the company is necessarily going to be aware of what is happening. So you have got a couple of days to brief everybody who needs to be briefed. You have got a couple of days to research it. You have got a couple of days to hire professional assistance because, trust me, you do not want to deal with these kinds of matters by yourself or without some assistance. Then you have a couple of days of compiling and drafting. And then it goes quiet for 90 days because, after all that, you really do not know what happens. It looks very much like a black hole, even though it is not. So 14 days is an incredibly short amount of time for a person under the enforcement process to gather suffi-cient information to make a compelling representation to influence the decision- makers in the Bermuda Monetary Authority relating to whether or not to move into a penalty. I just wanted to bring that up to the Premier and Honourable Finance Minister and members of the Bermuda Monetary Authority that in market when you ar-rive at this position, all of a sudden that company’s . . . everything from their viability, how many people do they hire, strategic projects, all of those sorts of things come 354 9 February 2024 Official Hansard Report
Bermuda House of Assembly into question because they are not sure what is happening because 14 days is just not a lot of time to do anything in that space. I just wanted to bring that to his attention. It is standardised language that is included across a number of regulatory Acts. And I would hope over time to make such application to the BMA and the Minister of Finance that we would see that softening. With that being said, that is the extent of my comments. Thank you, Mr. Chairman.
The ChairmanChairmanThank you. Thank you, sir. Any further speakers? There appear to be none. Premier. Hon. E. David Burt: Thank you, Mr. Chairman. I note the comments from the Opposition Leader, and I think as the Opposition Leader had indicated, it is, number one, standard language across all of our regulatory …
The ChairmanChairmanYes. Hon. E. David Burt: And I think also, as the Opposition Leader had indicated, that the time of the warning notice is not the first time that the company is aware that there may be an issue. So it is not as though as if it is 14 days …
Yes.
Hon. E. David Burt: And I think also, as the Opposition Leader had indicated, that the time of the warning notice is not the first time that the company is aware that there may be an issue. So it is not as though as if it is 14 days and it is the first time they find out. Because clearly, there are things that will take place prior to that particular time. But however, on a broader measure of these particular matters, there is certainly a balance that needs to be struck between the use of these enforcement positions and others. And I will happily take any submissions of which the Opposition may have in which they may wish to advance or suggest any particular amendments or changes of posture. It is standard language across those [Acts], but I think we have to make sure that we balance the enforcement provisions to the supervisory provisions. And one thing tha t I do not want to see is for us to become less supervisory and more enforcement -based, because from the Bermuda perspective, we want to handle things on a su-pervisory basis and do as little enforcement as possi-ble. However, as we are talking about modification, updating our rules and regulations, there is a need to incorporate enforcement provisions inside of these particular matters which were not previously there. As we know IOSCO rules, they require you to do this. And if we do not upgrade our regulations, then we could be out of compliance. And that is the one thing that we do not want to happen with our international financial services sector. As the Minister of Economy and Labour had eloquently stated in his submission on the principles of the Bill, it is our calling card and it is what makes us stand apart. So from that aspect, I will take the matters that the Opposition Leader has under advisement, and I will assure him of the fact that, from the Finance Ministry perspective, we want to make sure that the Authority is operating in a manner that is best for the companies that are operating in this space, that preserves our reputation, but also preserves us as a place where we have a supervisory regime which works for business so that they can grow and development in Bermuda.
The ChairmanChairmanThank you. Any further speakers? There appear to be none. Minister, do you want to move the clauses, the preamble? Hon. E. David Burt: Thank you then, Mr. Chairman. Mr. Chairman, I move that clauses 1 through 28 be approved and stand part of the Bill.
The ChairmanChairmanIt has been moved that clauses 1 through 28 be approved. Are there any objections? There appear to be none. Approved. [Motion carried: Clauses 1 through 28 passed.] Hon. E. David Burt: Thank you, Mr. Chairman. I move that the preamble be approved.
The ChairmanChairmanIt has been moved that — The Acting Clerk: The Schedule. Move the Schedule first.
The ChairmanChairmanYes. Hon. E. David Burt: Thank you very much, Mr. Chairman. And thank you to the Acting Clerk for his eagle eye. Mr. Chairman, I move that the Schedule be approved.
The ChairmanChairmanIt has been moved that the Schedule be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: The Schedule passed.] Hon. E. David Burt: Thank you very much, Mr. Chairman. Although I think that was captured in clause 27, but that is fine. Mr. …
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? Bermuda House of Assembly There appear to be none. Approved. Hon. E. David Burt: Thank you then, Mr. Chairman. I move that the Bill be reported to the House as printed.
The ChairmanChairmanAny objections to the Bill being reported to the House as printed? There appear to be none. The Bill will be reported. But let me say first that we want to thank the entire staff at the Bermuda Monetary Authority for the job you do in keeping us at the …
Any objections to the Bill being reported to the House as printed? There appear to be none. The Bill will be reported. But let me say first that we want to thank the entire staff at the Bermuda Monetary Authority for the job you do in keeping us at the forefront of the international regulations. You guys do a great job. And I guess that is why we are number one. I want you all to stay young!
An Hon. Member An Hon. MemberYes. We are number one!
The ChairmanChairmanWe do not want to change anything. Thank you. [Motion carried: The Investment Business Amendment Act 2024 was considered by a Committee of the whole House and passed as amended.]
The ChairmanChairmanMr. Speaker. House resumed at 12:25 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE INVESTMENT BUSINESS AMENDMENT ACT 2024
The SpeakerThe SpeakerMembers, are there any objections to the Bill entitled the Investment Business Amendment Act 2024 being reported to the House as printed? There are none. The Bill has been reported as printed. Members, that brings us to a close of the order of business for today. So, we will now …
Members, are there any objections to the Bill entitled the Investment Business Amendment Act 2024 being reported to the House as printed? There are none. The Bill has been reported as printed. Members, that brings us to a close of the order of business for today. So, we will now go to the third reading. Premier.
SUSPENSION OF STANDING ORDER 21
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Investment Business Amendment Act 2024 be now read for the third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none. Premier. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INVESTMENT BUSINESS AMENDMENT ACT 2024 Hon. E. David Burt: Thank you, Mr. Speaker. I move that the Bill be read for a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read the third time by its title only and has passed. [Motion carried: The Investment Business Amendment Act 2024 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Premier. ADJOURNMENT Hon. E. David Burt: Mr. Speaker, at this point in time I move that the Honourable House adjourn until Friday, February 16, which is Budget Day. And I am informed that people do wish to speak, Mr. Speaker.
The SpeakerThe SpeakerWell, before you finished, I saw a couple of people jump on their feet. The Deputy Speaker was the first. Deputy Speaker?
An Hon. Member An Hon. MemberWell, I was not sure if he was jumping up before the gavel, so I jumped up behind him! [Laughter]
The SpeakerThe SpeakerWell, the Deputy Speaker knows that in order for this to continue, he has to be quick to catch the Speaker’s eye, right? So he is giving a good example of how to catch the Speaker’s eye. Deputy Speaker, you have the floor. EXPLOITATION OF WORKERS Hon. Derrick V. Burgess, …
Well, the Deputy Speaker knows that in order for this to continue, he has to be quick to catch the Speaker’s eye, right? So he is giving a good example of how to catch the Speaker’s eye. Deputy Speaker, you have the floor.
EXPLOITATION OF WORKERS
Hon. Derrick V. Burgess, Sr.: Thank you. Thank you, Mr. Speaker. Mr. Speaker, in Bermuda the Minister for labour and immigration has done a great job in shoring up our borders, a first -class job. But no matter what we do, regardless, there will be some who will violate our laws. Mr. Speaker, I am informed (I do not hav e the evidence, but I will speak on a general basis) that we have 356 9 February 2024 Official Hansard Report
Bermuda House of Assembly folks who come to Bermuda and visit three months, six months, whatever the law requires, and they are moonlighting. They are working. And this is illegal because we believe that, yes, they are working. Some of them are working. And they are probably not being paid the $16.40 as required by law. And then we have others who come. They have almost like a cartel; it is organised. And I know the Minister is concerned about these things and doing everything he can to try to correct this here. But we still have it , Mr. Speaker. Mr. Speaker, I am also concerned about the exploitation. The Government is concerned about the exploitation of workers, some being paid less than $16.40. In fact, we encountered one person just this week. And the employer told him, You are a contract worker. Well, I asked him. I said, Does the employer require you to make a certain time? He says, Yes. I said, Just based on that you are not a contract worker. But not only that, paying them less than the $16.40. But we advised that worker to take all of the complaints, information that he has to the Labour Department and have that fixed because there is a penalty under the law that people who are not abiding by the law can be fined, Mr. Speaker. So, I am hoping that those folks who are still trying to exploit labour . . . Because one thing I do know, Mr. Speaker . . . I did not plan to go here because inflation only came about when they had to start paying people for working. One time in the history of the world, there was no inflation because labour was free. And so even though labour is being paid today, there is sti ll the disparity between workers of certain categories. And so that behaviour is still there where people want workers to work for nothing or as little as they can get them to work for.
CUSTOMS ACTING OUTSIDE OF THE SCOPE OF THE LAW Hon. Derrick V. Burgess, Sr.: Now, Mr. Speaker, on another note, I have had some folks contact me about the behaviour, the practices, the customs. Mr. Speaker, we have a couple of young Bermudians, ones whom I know of in particular, who bring in what they call the CBD, which is legal. But Customs takes his shipment. And consequently, he cannot sell his goods. But they allow a more potent form of this particular . . . they call it drug or plant, THCA. They allow that in Bermuda. And that is not even on the books; it is unlawful! And they are advertising this stuff in the city, Hamilton and just other places. They are selling this stuff, Mr. Speaker. We know Customs has certain powers by the Act. But we seem to think that they are taking ad-vantage of their powers. Because, Mr. Speaker, I have another gentleman who brings in goods. And they confiscated his goods! And they did not give him any rea-son for why they confiscated his goods. Then they come out with [the reason] that the goods that he brings are counterfeit. You know? And there is no certificate of authenticity for goods that do not ordinarily have certification. But they took his goods. They held it for . . . I think his first lot of goods [they held] probably as long as eight months, and then they gave it back to him. And then he brings in more goods; they did the same thing! And then they put the onus on him. They came to the conclusion that these goods are counterfeit, and they put the onus on him to prove that they are not. It makes no sense, Mr. Speaker! This is against the law, Mr. Speaker. Then one of the goods that he brings in, there is no prohibition from being brought into Bermuda under the Act. But they confiscated those goods also, Mr. Speaker. Customs are acting outside of the scope of the law in seizing goods! And they have no legal authority to do that. They just cannot read an Act and just put a blanket on everything. Even though they asked this young man to prove that these are not counterfeit, they let all of the others bring the same goods in, and there is no requirement, their goods have been confiscated, and they wreak havoc with this guy’s business. That is unfair, Mr. Speaker. I mean, their grounds for suspicion of being counterfeit are not even found in law, Mr. Speaker. Mr. Speaker, this is happening only to certain people. We agree that if it is a law in place, we all have to abide by it. But they just cannot seize people’s goods and do as they like and put these people out of business. And then others can bring in goods, and they do not have any requirement.
STRATEGIC OVERSIGHT GROUP BREACHED SECTION 71 OF THE CONSTITUTION
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, let me speak on one other subject. And it could be a little touchy in a sense because this information was re-vealed in the courts last year, late last year in a case where we have what they call the SOG, the Strategic Oversight Group. This is a group chaired by the Deputy Governor, Mr. Speaker, a member of the FCO [Foreign and Commonwealth Office], the DPP [Director of Public Prosecutions] and the police. But, Mr. Speaker, they have contravened, and the reason I am speaking, they have breached our Constitution, section 71 of the Constitution. Because they are up there deciding on who they are going to prosecute, who they are going to investigate. They have no right to be interfering with the DPP. The Constitution is very clear on that! But how can they want such respect for themselves when they are breaching our Constitution? I have a problem with that, Mr. Speaker. And I just could not let that go without making some fuss about that, Mr. Speaker, because you know, I can recall some people have been prosecuted, some are not. And we wonder. We had a top auditor found with stolen police files in his possession— no prosecution. We had another top officer of the previous Government who obtained information illegally. No prosecution. And we wo nder, did he
Bermuda House of Assembly obtain that information for the SOG? Because the record shows —revealed in the courts, public knowledge — that that particular officer met with the SOG. And we should not have anybody down here interfering and breaching our Constitution, specifically from the FCO and Government House. Now, as you know and I know, the Deputy Governor answers to the Governor. And that is the only reason I am calling the names is because it is public knowledge, Mr. Speaker. They are out there breaching our Constitution. And we should be annoyed at that b ecause that Constitution Order was put in place the 2nd of June 1968, agreement in Bermuda and the UK ! And nobody —nobody —Government House, the largest house on Langdon Hill, the occupants, FCO, should not be interfering with the DPP, Mr. Speaker. And the question I ask is if that SOG made the major decision to arrest Zane De Silva. We know they made the decision to prosecute Dr. Brown. And I venture to say because this investigation went all around the world. And we had investigators going and liv ing in and staying in some of the most luxurious hotels in the world at our expense, over $10 million spent. And, Mr. Speaker, they are breaching our Constitution to achieve whatever they want to achieve because Dr. Brown and the Government allowed Uyghurs in this country. So, Mr. Speaker, with those few remarks, thank you for allowing me.
The SpeakerThe SpeakerMinister Hayward, would you like to make a contribution at this time? PROGRESSIVE LABOUR PARTY COMMITTED TO THE PEOPLE OF BERMUDA Hon. Jason Hayward: Thank you, Mr. Speaker. Mr. Speaker, this week was somewhat of a “feel-good” week for me and the office of the Ministry of Economy and Labour. …
Minister Hayward, would you like to make a contribution at this time?
PROGRESSIVE LABOUR PARTY COMMITTED TO THE PEOPLE OF BERMUDA
Hon. Jason Hayward: Thank you, Mr. Speaker. Mr. Speaker, this week was somewhat of a “feel-good” week for me and the office of the Ministry of Economy and Labour. This week in one of the ILO’s international communications, they actually published that Bermuda’s apprenticeship framework meets standards and exceeds these standards and they are actually pleased with the work that we have been doing around apprenticeships. It is good to get international recognition for the work that you do in terms of the development of your people. Then I had an opportunity to meet with representatives from the UNDP [United Nations Development Programme] who are here on a mission to support a project which actually supports women obtaining greater levels of resources and capacity -building for small and medium- sized businesses and accelerate the [number] of women in Bermuda in the entrepreneurship realm. But one point of notice that they said [was] that they go around countries and they assist countries with putting together economic strategies and development strategies and policies. And in that meeting they took the opportunity to comment on Bermuda’s very comprehensive economic development strategy. And they said that that the work that we have already carried out is the work that they have to do in a lot of territories and jurisdictions that they actually have c ontrol over. And so, [that] is another ext ernal endorsement of the work that we actually do in Bermuda and the high calibre of the work that we are actually doing within our jurisdiction. I spoke today about the young man who received his Red Seal certification and I also spoke today about the young individuals who progressed through the Graduate Training Programme, the fourth cohort, and actually graduated. But what is more important to me is not just that the programme was administered in a successful way. It was listening to the testimonies of the young people who were actually the beneficiaries and recipients of the investment. Mr. Speaker, it was me, standing in the front of an audience and glancing and looking at the proud par-ents of those individuals who were able to obtain things honourable of a recognition. And when we sum it up, that was just one feel -good week, but the Ministry of Economy and Labour, at the end of 2023 put out an end-of-year review and it contains a plethora of work that this Government has done to enhance Bermuda’s social and economic well -being. Oftentimes the initiatives that we do don’t get the level of public recognition and we still find ourselves [at] a point where we are explaining to people what this Government done for them. Notwithstanding that, the Ministry of Economy and Labour will not be deterred in our responsibility. As Members of Parliament, the Progressive Labour Party will not be deterred in our responsibility because at our basic level we are human beings trying to improve the lives of other human beings whether they fully recognise it or not. The title of “politician” comes with both positive and negative feelings. It is positive when you can look at your politician and see that that person is working hard on your b ehalf. And it is negative sometimes when things do not work out your way or you ex-pect greater from the persons who you voted into Parliament. But when we progress past feelings, we have to begin to talk about some facts. Facts around what has actually been done and how our public officials have actually carried out their responsibility to the electorate. And so we have, in the Ministry of Economy and Labour, strengthened social protection for those in need. Last year was a good year. We implemented our first statutory minimum wage at $16.40. Mr. Speaker, that has impacted the lives of thousands of employees. Not only do these employees retain $16.40 now for every hour worked, but also for paid leave. This $16.40 is also applicable. No, that does not come to the pleasure of some employers. But certainly, when we are talk-ing about ensuring that employees work in dignified workplaces and do not engage in precarious work, that $16.40 minimum wage goes a long way. They say who 358 9 February 2024 Official Hansard Report
Bermuda House of Assembly feels it knows it. And I am confident to stand here in front of you today to let you know, Mr. Speaker, that thousands of people in Bermuda feel it and they know the benefit of that $16.40 minimum wage. Mr. Speaker, we also amended the law last year to ensure that employees are protected from employers who choose not to pay them their service charges and gratuities which are due to those employees. That benefits thousands of workers, Mr. Speaker. Thousands of workers will now benefit from that particular provision. Over the next few weeks we will roll out other guidance notes in alignment with that, just as we rolled out guidance notes today. And that law will come in place on the 1 st of March 2024. Mr. Speaker, while Financial Assistance is no longer underneath my remit and is now under the remit of the Minister responsible for Youth, Social Develop-ment and Seniors, this Ministry did execute on a number of changes to financial assistance and was able to successfully come to this House and pass legislation that will undoubtedly improve the lives of mainly our seniors who will be the beneficiaries and recipients of the changes that we have made in the realm of financial assistance. We have increased awards for financial assistance. We have changed eligibility requirements. We have made it easier for persons to receive gifts and get additional support that they may require. And so, these are the things that we actually sign up for. We can essentially say that we have committed to improving the lives and well -being of individuals. And those persons who will receive those increased financial awards will benefit from the work that this Government has done. And that is not hundreds of individuals, Mr. Speaker, that is thousands of individuals. Thousands of individuals will benefit from increased social protections that this Government has put in place. Mr. Speaker, we move into talking about how this Government has deliberately amended [the] child day care allowance to ensure that more families have access to that particular benefit. Some complain that families, that households that have an income of up to $130,000 receive a $500 benefit. But that is our role and responsibility. We should be supporting universally every child and every family who has a child at this time where we are suffering from lower birth rates and the cost of living continues to inc rease. Mr. Speaker, it is our responsibility as a Government to put social protections in place. It is our responsibility as a Government to maintain the social ethos that is attached to the Progressive Labour Party. And this is not about a handout. This is about empowerment. This is about assisting children on their development continuum. This is about providing our children with access to the appropriate childcare at an early stage in their life so that they can be on a pathway to success from a very early age. Mr. Speaker, I am pleased that we have established the Department of Labour and I am pleased that we now have an Acting Director, Ms. Gabrielle Cann, who is administrating the work that the department has to do. But that department is important because it al-lows us to promote labour standards and the fundamental rights at work, ensure that we have harmonious labour relations, strengthen our compliance, monitoring and enforcement provisions of our labour code, and advance further labour policy initiatives. Mr. Speaker, the Honourable Member MP Burgess spoke about infringements to our labour laws. It is important that we have robust compliance and enforcement mechanisms in place. And that department will be ultimately responsible for that oversight. It is not good enough to just put a law in place, Mr. Speaker, we must have the team who enforces the law to provide confidence to employees when they make a complaint. We do not live in a society where we can just simply rely on employers to do the right thing. It has been proven, Mr. Speaker, over and over again, that some employers will always try to circumvent the standards that we set in the workplace. [ They] will always try to circumvent paying employees the rights and privileges [that are due] which we have enshrined in law. We have an Employment Act in place which creates a minimum standard. And since the enactment of that Act, there have been employers who have tried to wiggle their way around paying the provisions in that particular Act, or afforded workers the benefits that they are actually due. And so to ensure that employers and employees are both informed about their rights and privileges in the workplace, we published Employment Act guidelines to make it easy for employees. We published in-dependent contractor guidelines so people cannot continuously be abused as independent contractors when they are actually employees. This takes place in both the private and public sector and we need to ensure that we do a better job at ensuring employees are classified as employees and are paid the benefits t hat they are due from their employment relationship. Mr. Speaker, from an immigration standpoint, we continue to work to strengthen compliance. The Honourable Member MP Burgess highlighted some observations that he found in terms of people who come to Bermuda and determine that they will work illegally. That is something that this Government does not support, and it is something that this Government will not tolerate and so we have put the 180- day provision in place because we found that persons were living here as residents, staying for 180 days, leaving for 48 hours and coming back and staying another 180 days. And when you ask how those individuals [were] sustaining themselves, they were obviously working illegally. And so we have put that provision in place to stop that, but we have also strengthened the c ompliance so that when complaints are made we can get to the location of the complaint quick enough to see if we can actually spot and catch individuals who may be working illegally.
Bermuda House of Assembly But the public has been doing a good job because they now take pictures and send enough information where we can make the appropriate investigation and actually catch persons. And when persons are caught, Mr. Speaker, you can guarantee they are placed on t he stop list. We must preserve the livelihoods of Bermudians and it is being compromised by people coming here and working illegally. That is something that we certainly will not tolerate and this is also why we have changed the law to ensure that we have the visa requirements in place so that persons are ap-propriately vetted before they actually land in Bermuda. Mr. Speaker, I spoke heavily about the work that we are doing [with] Workforce Development and so I am not going to lament on the work we are doing to progress our people along a development continuum so they can take advantage of current and future job opportunities. But what I would say is that the development of our people is a core focus of any strategy that we have. It is part of our Economic Development Strategy, it is part of our national youth strategy, it is part of our social development strategy and we will continue to invest in our workforce because it is important for us to increase our working population. And in order for us to increase our working population, we need able- bodied Bermudians being productive members of our workforce. Mr. Speaker, they asked us whether or not we have an economic plan. We have produced an economic plan. We are executing on that economic plan. And Mr. Speaker, every single time I give an economic update since the release of that plan, and even prior to, our economy continues to expand. There is no recession in Bermuda. And while I appreciate that the purchasing power of Bermudians is diminishing, and we have to do a better job at containing the cost of living in Bermuda, we cannot refute the fact that our economy is growing, business activity is increasing. We have surpassed pre- pandemic levels. And as our economy expands, it leads to greater levels of employment, and it increases the opportunities that Bermudians have to be successful in the world of work. As the Minister responsible for Economy and Labour, I am continuously on the road (whether it be locally or internationally) speaking about Bermuda’s value proposition and ensuring that we have a business ecosystem that allows businesses to thrive. A busin ess ecosystem that actually expands employment opportunities for the people of Bermuda. Mr. Speaker, the Progressive Labour Party has been committed to the people of Bermuda. Some peo-ple talk about a magic time that will come where we have to stand in front of the electorate and be judged. All I ask the public to do is judge us on the work that we have done.
[Desk thumping] Hon. Jason Hayward: Look at the work that we have done, make an honest assessment, and judge us on that work. And if we are honestly judged on the work that we have done, Mr. Speaker, I am 100 per cent confident that the Progressive Labour Party will remain the Government for a long time coming. Thank you. [Desk thumping]
The SpeakerThe SpeakerThank you, Minister. MP Swan, are you on your feet for a contribution?
The SpeakerThe SpeakerYou have your 20 minutes. PROGRESSIVE LABOUR PARTY VISION -ORIENTED INITIATIVES
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. I will continue on where the Honourable and very good Minister just left off. And he said, judge me by my deeds. And indeed, there has been work that goes unnoticed sometimes. Mr. Speaker, I remember a time when Bermuda did not have fast ferries and …
Thank you, Mr. Speaker. I will continue on where the Honourable and very good Minister just left off. And he said, judge me by my deeds. And indeed, there has been work that goes unnoticed sometimes. Mr. Speaker, I remember a time when Bermuda did not have fast ferries and introduced fast fer-ries. And it was at a time when education was a hot button . . . well, education is always a hot -button topic. I will get to education as well. And when those fast ferries were being commissioned and built, it made for great political discussion. I know [because] I partici-pated in it. It was easy to say, Well, I can take that $5 million and apportion it somewhere else. It is very easy to say that. And it makes for good coverage. And it gets good headlines. Where would we be today without fast ferries? In fact, do we need more? Yes, we do. We certainly do. Would they be beneficial? Absolutely! Because what came after fast ferries? [There] came the next big hot -button topic. There came the need for a cruise ship pier and one was finally built, two actually, in Dockyard, and they did not cost $1 million [or] $2 million. They cost several million dollars. Because at that time Bermuda was a boutique cruise ship destinatio n. We used to have two in St. George’s. I see sometimes one that size come into St. George’s, from time to time. But they do not make that many ships like that anymore. Someone said they might go back and start building some more boutique ships, but because the world moved in a different direction you see these megaships and Panamax ships. That was the talk . . . I am going back 20 years now. The talk, Mr. Speaker, you will remember it. Those were the names. But they came here. Why? Because while folks were tickling up the Government on building the cruise ship [pier], while they were calling into question different people who were building it (or whatever), 360 9 February 2024 Official Hansard Report
Bermuda House of Assembly I have not heard anyone [say], Let’s dismantle those cruise piers up in Dockyard.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanI have not heard not one person say . . . and I am one, Mr. Speaker, that . . . I will declare my interest. I am in the hospitality industry and I certainly am trying to do my part to get more people to come by air to …
I have not heard not one person say . . . and I am one, Mr. Speaker, that . . . I will declare my interest. I am in the hospitality industry and I certainly am trying to do my part to get more people to come by air to Bermuda. But in the absence of hotel beds that slipped from 12,000 down to about 2[,000] . . . that’s a big difference, where would be without those two cruise piers in Dockyard? Inquiring minds want to know. That is what it takes when you have a vision , because a vis ion and prosecuting a vision takes time. It is not immediate. Persons are looking for the immediate. Cruise ship pier [and] fast ferries are two examples of a Government with a vision that is benefiting this country today. I remember the CEO of Inter -Island Communications when he was a Government Minister with the same Government, the PLP Government. And the same Premier who ushered . . . and former Tourism Minister that ushered in those fast ferries and those cruise piers, came with an idea that we want to advance an aquatic centre in Hamilton. Oh boy! That one . . . that one caught shape , you know. And the vision also called for dormitories there to house persons who might come to Bermuda to play football, might come to play netball, might come to play cricket, may come to play different sports. And it made for great political fodder as well. Now we have persons who will come to Bermuda deliberately to train for sport. We had in January, between December 28 and about January 5, the HU. You know, Howard [University] came to town with about 50, expecting me to know everything when you radio ever ything about Howard. I come from Troy! I am not supposed to know all the history of Howard! But the proud alumni came here in great numbers. And where did they go? To the National Aquatic [Facility]. [They] stayed at Grotto Bay.
An Hon. Member An Hon. MemberMm-hmm.
Mr. Hubert (Kim) E. SwanCame to Bermuda. When? During a time between November and March when we need more visitors in this country! That vision that got criticised in 2012 is yielding fruit today, Mr. Speaker. Yielding fruit today! [Inaudible interjections]
Mr. Hubert (Kim) E. SwanWell, you know, I am getting there, Mr. Speaker. I am here to tell you that some-times when you are prosecuting a vision, people will shoot you down and stand in your way and prevent that vision from realising immediately, but those who have a vision will prosecute it if …
Well, you know, I am getting there, Mr. Speaker. I am here to tell you that some-times when you are prosecuting a vision, people will shoot you down and stand in your way and prevent that vision from realising immediately, but those who have a vision will prosecute it if it is in their heart. They will do it no matter what because they know it will yield good. And these . . . I have given you three examples already. And you can go back if you want to research and look at all the criticism. And not one of those persons will come up today and say we can do without any one of those three. You know, Mr. Speaker, the Honourable Minister of [Economy and] Labour was just speaking about what he saw happen just this week. And I was . . . happened . . . very unknowingly walked into something that he did, very positively. The young man, Jomeko Mal-lory, while receiving the Red Seal . . . I heard the Seal, I was thinking . . . the first seal I think about . . . I come from White Hill. I was thinking about Black Seal. But he was talking about the Red Seal of approval around the world to chefs. And it did not happen . . . it did not happen yester . . . you know. We come up with this vision and we are going to do this . . . it took people who knew the benefit of it. That young man and his success story at the Hamilton Princess, first coming from Fairmont Southampton, being culminated with a celebration, happened because the PLP always believed in uplifting its people and cou ld celebrate that. But guess what happened? It . . . you know . . . you . . . I cannot organise things the way the good Lord can. I walked in on that set. When my vision was being a vision that I have had, when other people bought into it. Troy University coming to Bermuda. Yes, I am going there! It did not happen this week because somebody thought of it last week. I was the commencement address speaker in 2010 when the golf was lobbied to be at Troy. They took out the football team, who is now Division 1, took away our half -hour golf tours to build a stadium. Go talk to the Chancellor . He gave me the [microphone] and in that speech in 2010, I lobbied. That same chancellor, the oldest chancellor in the longest service . . . not the oldest, the longest -serving chancellor in the United States of a public university in 2012 gave me credit for lobbying him for the new and improved golf facility that they built at Troy University. So sometimes people buy into a vision. And thanks to the US Consul General, and Mr. Sohail Agboatwala, the vice chancellor, and Bailey Corbin, and the Troy team led by Dr. Jack Hawkins for seeing what Troy has to offer through one of its alumni who went there and graduated in 1980. They can partner up with our country to meet our needs. A university that spread around the globe 50 years ago on all United States bases. A university that diversified when base closures happened like it did in Bermuda. And went online long before the pandemic came. When the pandemic came, they went to Troy to be able to see how they do it. Trying to poach away our top IT people with a lot of money. And they are here now, and they have courses in hospitality management. That really excited me a few years ago. So we have been pushing that agenda. And guess what happened? After I got there and had a . . . and got the chancellor to meet our wonderful Minister
Bermuda House of Assembly for [Economy and] Labour, we are in the car driving back to the hotel so he can go and catch the plane to leave and I get a call from my cousin, who is the chairman of the transition team of Sandys Secondary School. What is it called? Sandys Sec . . . no. It was called Sandys Secondary Middle School because of the vision of [Minister] Diallo [Rabain] and the education team, it is now called Sandys Secondary High School Signature Schoo l for Hospitality. Heard me on the radio . . . and they called me up and t hey said, How can we partner up with this? And you got up there and you got things like the Willowbank and you got people like Dr. Bassett who I have worked with all my life. And so, when the Minister talks about being excited when a vision comes together, and the good Lord knows that it has good deeds behind it and it is coming from people’s hearts, He will put things in place to help that vision. And no weapon formed against us will prosper.
Mr. Hubert (Kim) E. SwanAnd we do things when people are sleeping. And no, it is not glitz and glamour, but it gets you results when it is time. And it is time now! For some of these things are lining up. At a dinner . . . and I always run events . …
And we do things when people are sleeping. And no, it is not glitz and glamour, but it gets you results when it is time. And it is time now! For some of these things are lining up. At a dinner . . . and I always run events . . . [Annual] Ladies [Pro- Am] Golf Tournament coming to Bermuda to celebrate the 25 years at the Pompano. Great resort up there. The same event started in St. George’s with a country boy who hired two women in 1985 as golf professionals. Women were second- class citizens in golf when I came into the industry in 1980. In 1985, I hired two women as golf professionals.
Mr. Hubert (Kim) E. SwanSo uplifting women is not only a responsibility for women’s rights advocates. Women’s rights advocates must exist within the male realm, especially by those like Minister Weeks spoke about. Those of us who have daughters would know how important it is. Those of us . . . all who have …
So uplifting women is not only a responsibility for women’s rights advocates. Women’s rights advocates must exist within the male realm, especially by those like Minister Weeks spoke about. Those of us who have daughters would know how important it is. Those of us . . . all who have mothers will know what it is. And I can tell you I have heard stories with this Troy initiative that has warmed my heart. They are at a dinner at Justice Wade- Miller’s house with the US Consulate there and the Minister of Education. You know, the Minister of Education comes under a lot of criticism. The Troy [University’s] First Lady —and might I say, our Troy Chancellor and his First Lady had a first -hand . . . personal relationship with Rosa Parks. The Rosa Parks Museum sits on Troy University’s Montgomery Campus. [It] opened in 2002. I was there in 2010. I used to come down and talk with the chancellor. They built it with [Rosa Park’s] specifications. A school that . . . with a chancellor who presided over the [Alabama Institute for the] Deaf and Blind up in the north of Alabama [and] was called there. Why? Because he is a caring man. And I am telling you, it does not stop there. The great Congressman John Lewis, the connections that we are getting through Troy . . . you heard me always talking about the boy from Troy. The real boy from Troy was Congressman John Lewis, five miles away from the campus, Pike County, who could not even enter the school in 1957, but he was eulogised by the same chancellor who changed the name of Bibb Graves [Hall] to John Lewis. And he said that in all those years I must have gotten extra bright to get honor ary doctorate here since 1957. That is the type of connection we have here with Troy with having a risk management programme where most of the hurricane coverage and remediation for devastation is paid from premiums that trace back to this country! Connections! Relationships! You know, Mr. Speaker, I have been talking about the need in tourism for us to build relationships before we go out there and put it out there, blanket . . . come to the . . . people have to know something about Bermuda. I have travelled more in the last few years, using all my years’ experience to realise that our awareness level around the world is not what it used to be. And in my few years left of life, if that, I will commit to using, leveraging my relationships local ly and internationally to help Bermuda. And I have seen it . . . I have seen this week here in Bermuda on Zoom with friends in Edinburgh . . . oh boy, and in Florida, and all over the world to see the benefits of that. And we have collectively, with my good friends up in Yorkshire, started a Bermuda UK [and] Ireland Golf Links Society with the express purpose of going to people, former relationships both in Bermuda in the winter and over in that area in the warmer months, so that we can cross -pollinate. And while I call it “golf,” people said, Why do you talk about golf? But before I was a golfer, Mr. Speaker, you would know I was a goalie . You would know I was a captain of a football team that won the championship for Berkeley for the first time in 1969, 19 70 with the great legendary Randolph . . . my skipper.
An Hon. Member An Hon. MemberWhoa! [Inaudible interjections]
Mr. Hubert (Kim) E. SwanYes, as the goalkeeper. Randy Horton was our PE teacher and coach. We had the greatest . . . and we took out Churchill with [Earl] “Gabby” Hart too! [Inaudible interjections]
Mr. Hubert (Kim) E. SwanOh, yes! We took them out! And we took them out twice! 362 9 February 2024 Official Hansard Report Bermuda House of Assembly And national captains came out of that side and we beat national captains on the other side. Oh yes! So when I talk about golf, I do …
Oh, yes! We took them out! And we took them out twice! 362 9 February 2024 Official Hansard Report
Bermuda House of Assembly And national captains came out of that side and we beat national captains on the other side. Oh yes! So when I talk about golf, I do not go to Yorkshire and not see what could happen in football, what could happen in netball, what could happen for cricket because just like in Bermuda , boycott . . . is a golfer. Sobers in Barbados, is a golfer. We cross -pollinate. So that’s why we are educating. You know, the greatest education we need right now is a little bit of etiquette too. And you know the First Lady of Troy came and she was talking there, and she really fell in love with the . . . in a real way with the Minister of Education. She was enamoured by his passion for education. She really was! With his charm and all of that. And she even said, Look, , I might put you on the ticket for an educational post down there . . . and the like. [Laughter]
Mr. Hubert (Kim) E. SwanAnd I say that because when you are doing things in the best interests of people sometimes, you know, it is easy to look past the person at what the real commitment is. And the alignment of Sandys Signature School with the hospitality degree and the reason why I came …
And I say that because when you are doing things in the best interests of people sometimes, you know, it is easy to look past the person at what the real commitment is. And the alignment of Sandys Signature School with the hospitality degree and the reason why I came to the Princess, because when we had the function at the US Consulate I invited hoteliers there. Someone came up and [asked], Why did you invite all those hoteliers? I said, What is the sense of having a hospitality degree person here, what is the sense of having a per-son who has a risk management degree here and not invite people who could see the benefit? And Mr. Tim Morrison saw the benefit and invited me to show him his property before he left. And showing him before he left, I walked right into . . . because I was supposed to go there at 8:30 and got stuck in Front Street traffic. I said, I am not going to be late on the station break. It’s not getting me like that. And then I got in the station early, and with my minute . . . my 30 minutes, I am going to just going to leave you with this. When I walked in the station 20 minutes early, I looked and I said, My, my, my. There is Beverley Howell! A nurse. And I told her what had happened with Senator Joan Dillas - Wright, and she could not believe it. We need nurses in the world, but we need them in Bermuda. And what better would [there] be for us to encourage some of young ladies and men to take up nursing and put a path in place for them to realise that dream. Why? Not because we think it is a good idea today. Because things have been done by this Government in the past that has been vision- oriented initiatives that when other people come in that think like that, you can take it and run. And when you have persons who would call you all types of names, who would spend all types of money to lie against you . . . Right? That is what they do. Without a vision, without any real care and without any direction. But I am here to say, no weapon formed against us will prosper. Thank you, Mr. Speaker. That is my 20 minutes. [Desk thumping]
The SpeakerThe SpeakerThank you, MP Swan. Deputy Premier, are you on your feet? Would you like your 20 minutes? Hon. Walter H. Roban: Yes, Mr. Speaker, I would like to have some time this afternoon.
The SpeakerThe SpeakerMm-hmm. PROGRESSIVE LABOUR PARTY CLEAR ON ITS MISSION AND ITS VISION FOR BERMUDA Hon. Walter H. Roban: Thank you for the opportunity to speak. But I must say again, I am grateful for the impassioned presentations that I have listened to today by Members of the Government. It clarifies once …
Mm-hmm.
PROGRESSIVE LABOUR PARTY CLEAR ON ITS MISSION AND ITS VISION FOR BERMUDA
Hon. Walter H. Roban: Thank you for the opportunity to speak. But I must say again, I am grateful for the impassioned presentations that I have listened to today by Members of the Government. It clarifies once again that this is a Government that is clear on its mission, clear on its vision for Bermuda, and clear on its purpose to reinvigorate the economy, to create opportunity, to ensure safety and security for everyone, and to lay the foundations for a future success of Bermuda for every-one, in caring for our seniors, the health care of the country, for the educati on and development of our young people, and for the aspirations that this country may have for the future. Mr. Speaker, I am certainly enthusiastic about what I have heard today, but not only what I have heard today, but what I have been hearing as I go up and down the country. People are going through a number of things. We know that. And we are here early in 2024, coming out of 2023, which we know was a very wet year for us. But there are other things going on, certainly globally and otherwise that we have to make note of. There continues to be challenges with not only coming out of the experience of the pandemic but some of the other economic uncertainties that have even emerged since then which centre around the conflicts around the world, sluggish activity in some of the major economies. But not without progress. Progress is being made. And certainly progress is being made here in Bermuda. The Minister for Economy and Labour and the Minister of Finance have talked about the progress, have detailed it, have shown the data that supports the progress that we are making, and Bermuda is moving in the right direction. The Minister for Economy and Labour had just talked about how we have had international validation for our economic recovery and economic strategy plans. Our ratings with the rating agencies have been reaffirmed. And we are on our way to a balanced budget in an environment that reeks of certain uncertainties. We are passing legislation that brings certainty to the environment that people work in.
Bermuda House of Assembly This Government has managed to keep a lid on taxes and the tax exposure of persons and at the same time still achieving fiscal objectives. So, the landscape is being set. There continues to be work that needs to be done, Mr. Speaker. And this Government is focused on that. I remain extremely proud of so many of the accomplishments that we have achieved over this period, Mr. Speaker. Members of this Government continue to go overseas, as is necessary. It is ironic the so called criticisms we see about this, but the reality is that we live in a world where we have to go where the prosperity exists and bring it to Bermuda, whether it be in the UA E [United Arab Emirates], whether it be in the Asian continent, whether it be in North America or the Caribbean, we have to go where the prosperity exists and bring it home. It is not just about going to London, to New York, Paris any-more— or to Ottawa or Toronto. We have to go f urther afar to ensure the long- term prosperity in Bermuda. And as we know with the continued development in the international sector, that is what has been happening. We have whole new sectors within the insurance and reinsurance market that have emerged in the past few years, different from what it was 10 years ago. Bermuda is seeking to be a provider of climate risk solutions, as the issues around climate continue to increase and develop globally. And using the experience that we have developed as a well -regulated jurisdiction that has a leading position in the i nternational marketplace around insurance and reinsurance and providing risk solutions generally, we believe that we can be that capital for specialising in climate risk solutions. And I am so happy with the news, particularly coming out of the Ministry of Economy and Labour around the training, that the recent report tabled by the Minister which shows the wide impact that this Depart-ment of Workforce Development is having on the eco-nomic environment. Doing its best in trying to skill up Bermudian labour, to take advantage of the opportunities of the future, and what opportunities are here now. And I look forward to the Minister and his team continuing to push that information out, to show people what is being done as we prepare to reignite our hospitality framework. As we prepare to ensure that we have the necessary people trained in our health care reform, as the health care sector begins to reform to [provide] universal coverage there is going to be a lot of need for expertise that can provide not just health care at BHB but throughout the community in providing services to our seniors who are an emerging population, growing population. They are going to need services not centralised. They are going to need to have services provided to them in their homes. They are going to need support of caregivers, not just family, but other persons specialised. There are so many opportunities that we can ac-tually focus on and see are coming. Mr. Speaker, a few other things I would like to speak about other than what I have seen as so many positive accomplishments. We are focusing in on our youth. The Minister of Economy and Labour talked about how we have a clear Youth Employment Strategy. But we are looking to ensure that our youth have opportunity. And this is obviously a very difficult eco-nomic environment for doing certain things. We know that housing is an issue. And one of the great ways to incentivise the youth investment in your communi ty is to know that they can invest perhaps in property and real estate as their own income and employment opportunities develop. So we know that there are challenges on some ends to ensure that this particular group does not find the ease of migrating out of the country as an easy option. But they can see the opportunities here in their own country, as many of us who proceeded them found for ourselves. We know these are things we must focus on. Not only as a Government, but also as a community, creating pathways for younger persons who are eager and interested in being a part of their community, to be able to invest in their communit y and find their place in the community successfully. But, Mr. Speaker, I would like to talk about a few other things because there is much that we can say about the accomplishments of the Government and I am sure in the weeks ahead as we enter into the budget, we will hear more about the things that the Government has planned for the country, and the positive things that in this upcoming budget we intend to ensure is accomplished. But there are a few things I would like to focus on. Issues of energy security, issues of food security are very crucial to any community. As the issues of climate change and changing environment affects everyone, these are matters that are important. Particularly as we are an island that has to rely on importation of most of our food and that is not going to change any time soon. We do not have enough land to grow everything. Everybody knows that. But we can do more. And there will be work being done to ensure that this happens. In working with the farmers of today but also the farmers who will come tomorrow to ensure that Bermuda has the greatest opportunity to do more in these areas. So, we will do our best to ensure that the most modern technologies, the most modern methods and work that is being done now with Home Affairs and the Ministry of Economy and Labour will be revealed in due course as to what those plans are around supporting the Island’s effort at greater food security and greater agricultural prosperity and bringing more entrance and activity in to the area of agriculture. In the area of energy security —very important. The world is now going through a transition of moving away. And the results of the recent COP28 Dubai conference, a couple of months ago, made it clear that the commitment globally is to move away from fossil fuels. Bermuda, thank fully, is on that path. It is not going to be an easy path. It is going to be perhaps at a level, an expensive path. But it is a path that we are committed 364 9 February 2024 Official Hansard Report
Bermuda House of Assembly to knowing will serve our people. And will serve this community better in the long term, so that by 2050 we can be as close to net zero as is possible to have clean energy available to everyone.
The SpeakerThe SpeakerMm-hmm. Hon. Walter H. Roban: And as the energy dynamic changes, so will how it is provided to our country. Many people are adopting solar as a part of their home sort of energy needs. This is going to change the dynamic on how energy is provided in the country, …
Mm-hmm.
Hon. Walter H. Roban: And as the energy dynamic changes, so will how it is provided to our country. Many people are adopting solar as a part of their home sort of energy needs. This is going to change the dynamic on how energy is provided in the country, over time, as more houses and more facilities benefit from the use of renewable energy. It is going to change how energy is used, how energy is consumed, as it has been over the past 100 years. But we also must be mindful as individuals that we must be cons ervation minded, ecologically minded. Because there are things that we can do individually to ensure that our energy bill . . . and Bermuda has a very high cost per kilowatt hour, one of the highest, if not the highest, in the region. Certainly compara-bly high as other islands like us that are faced with having to import oil. We must ourselves not only look to the big solutions, b ut also look to what are the small solutions, the least cost solutions for ourselves and some of that means us changing our behav iour. I will encourage the public, Mr. Speaker, to actually go get their LED bulbs. For quite a bit of time my Ministry has been promoting (with the support of the Government) a free LED initiative. A considerable number of bulbs were purchased by the Government t o distribute to the whole Island so that every household in this country [would] have the benefit of what LED bulbs and LED electrical lighting can provide. One thing we know, Mr. Speaker, as soon as you install that type of lighting in your residence or i n your building, you begin to save money, immediately. So, I can say right now that there are still quite a few LED bulbs available for the public to benefit from that are deposited at our post offices around the Island. They are free and available. And in itially we were looking to just ensure that one household got a set but now because we have so many, persons can go back to the post office and get more. You fill out a little form right there, give it to the post office personnel and you can take your set of bulbs. I encourage people to go and get them. As energy costs are a part of the issue of the cost of living in this country, I am encouraging and I am asking people to go to the post office and get your free bulbs and put them in your light fixtures. Y ou will save money! There is no doubt. But we also must work on how we can begin to manage demand- side usage of electricity. And there are little things you can do. And we will have more information about that, whether it be putting timers on your heaters, whether it be putting different types of light fixtures which allow lights to turn off when no one is in the room. There are other types of efficiency types of products that one can buy which are low cost that can help manage your demand and ensure greater efficiencies so that you save money. Because we do not want people to be constantly in a situation, whether de-ciding, Do I keep on the electricity or do I pay for my medicine or my food? That cannot be the situation where . . . because power is just as an essential for survival as are many other things in this country, particularly food and particularly medicine for many people. And when it comes to food . . . just to touch on the issue of food, Mr. Speaker, this Government has [made] a considerable effort to try and deal with the is-sues around the cost of food. But the reality is that there [are] limited things that the Government can do as most of the food is imported. It comes from other jurisdictions where it is grown, which have their own issues with pro-duction and with demand. And everything comes on a ship—the cost of shipping, the cost of landing, the cost of transport —are pieces that the Government cannot control. But what can be controlled on Island is people’s awareness of the cost that they are confronting at the checkout counter. I encourage persons to be vigilant with observing the cost of what they are paying for as they go to the grocery store and to hold our grocery store operators to account. If you see prices and things move erratically, question it. It is not a crime or a violation to question, Why is that head of lettuce so expensive this week from last week, or last month? Why is this product, particularly . . . Most people buy similar products, their basket of goods, on a regular basis. So, you can monitor and observe. I would say yes, question, query. And if you see something that you have a concern about, send it to the Consumer Affairs Department. There is a C ost of Living Commission which currently is tasked with monitoring. But remember, we have . . . there is a whole suite of goods, fresh vegetables and staples, where the Government has put them at zero duty. Just a reminder [to] the people. Fresh vegetables and fruits and certain key staples are at zero duty right now in an effort to assist the public with these costs. So be mindful of that. Just as a reminder so that when you go to the store and some of these staples that you yourself buy on a regular basis , you are seeing these prices go erratically, speak to the proprietor of the store. Why has this gone up so much when it is zero duty? They should be able to answer you, frankly, if you are finding that. We all have the power of the purse in our hands as well. The power of our pocket. The power of our wallets. The power of our purse. It is still there, and you can decide whether you are going to buy something or not. Particularly if you have a concern about the price you are paying, or the quality of the good that you are receiving. And I encourage every member of the public to take on that vision. It is not about trying to point out anybody who is nefarious or not. It is about having control over our expenditure, having control of our lives and ensuring that we are able to live affordably in this country. And the Government will continue to put in measures and look at ways that we can help. We are
Bermuda House of Assembly constantly looking at these things. But I encourage each member of the public to use the power of your purse, the power of your pocket and the power of your own advocacy to ensure that you make the best decisions around these issues of the cost of using yo ur electricity, the cost of food and what you spend and manage yourself accordingly. And make decisions that can help. And you can get help because there are people in the Government, agencies that can help in giving you guidance in these things. But we have done a considerable amount of work, Mr. Speaker, in these areas. We will continue to be vigilant because we know that these are issues that our public is struggling with right now, with the cost of living. It is a challenge. It is a challenge here in Bermuda. It is a challenge globally. Anybody who travels sees that these are not issues that we are alone with. And I look forward to continuing in this work with my colleagues who are here. Whether it be our solutions for housing, our solutions for care for our seniors, our solutions on education, our solutions on creating opportunities for different sectors of our community and continuing to tell the Bermuda story globally to show why we are a wonderful place to be and why we are so proud of being here. Mr. Speaker, thank you for the opportunity to speak and I look forward to the next opportunity. [Timer chimes]
The SpeakerThe SpeakerThank you, Deputy [Premier]. And I do not see anybody else rising so I will go ahead and rise. That brings us to a close of today. We thank you for the participation of Members who are here. And before I close, let me just acknowledge the fact that I …
Thank you, Deputy [Premier]. And I do not see anybody else rising so I will go ahead and rise. That brings us to a close of today. We thank you for the participation of Members who are here. And before I close, let me just acknowledge the fact that I think that everybody would have appreciated that our sound system was a lot clearer today. All the [microphones] are working.
The SpeakerThe SpeakerThank you. And I just want to acknowledge the work that was done while we were out to update . . . to correct the faults, and to thank Mr. Lamb for overseeing that and the team who worked with him to ensure that we had a better quality of …
Thank you. And I just want to acknowledge the work that was done while we were out to update . . . to correct the faults, and to thank Mr. Lamb for overseeing that and the team who worked with him to ensure that we had a better quality of sound today. Thank you for that. Members, the House now stands — [Audio cut out before conclusion]
[The House stood adjourned until 10:00 am, Friday, 16 February 2024.]