SENATE OF

Official Minutes November 08, 2013

Electronic Version

Senator the Hon. Carol A.M. Bassett, JP President

Disclaimer: The electronic version of this Official Senate Minutes is for informational purposes only. Proceedings of The Senate 2013-2014 1

BERMUDA 10:33a.m.

PROCEEDINGS OF THE SENATE Senator the Hon. M.M. Fahy moved that the Senate do now adjourn to 10:55a.m. SESSION OF 2013-2014 and re-assemble on the Cabinet Office Lawn for the reading of the Throne Speech - which was agreed to.

No. 1 At 11:00a.m. His Excellency the FRIDAY, 8th NOVEMBER, 2013 arrived at the Cabinet Office Lawn, and Members of the Honourable House of Senate met at 10:30a.m. in Assembly having been summoned by Black accordance with the Proclamation published Rod and being therefore in attendance, His by His Excellency the Governor and Excellency was then pleased to open the Commander-in-Chief in the Official Gazette on Session with the following Speech:- Friday, 1st November, 2013. SPEECH FROM THE THRONE PRESENT: Madame President and Members Senator the Hon. Mrs. C.M. BASSETT, J.P., of the Senate, Mr. Speaker and Members of PRESIDENT the House of Assembly, Senator Mrs. J.E. DILLAS-WRIGHT, M.B.E., J.P., VICE-PRESIDENT Bermudians throughout their long history Senator J.S. JARDINE, J.P. have proven to be innovative, pragmatic, Senator the Hon. M.M. FAHY, J.P. resilient and smart. Senator the Hon. N.S. BRANGMAN, J.P. Senator Mrs. L.A. WOOLRIDGE, J.P. These characteristics have been revealed Senator Ms. A.L. SWAN, J.P. most particularly in times of economic Senator J.C. BARON, J.P. challenge and change. Senator D.V.S. RABAIN, J.P. Senator Ms. R.D.L. MING, J.P. The Island’s motto, “Whither The Fates Lead Senator M.G. DANIELS, J.P. Us”, speaks to these very traits; reflecting Bermuda’s innate, time-tested ability to adapt ------to the ups and downs of an often turbulent world. And the record shows that Bermuda 10:32a.m. knows not only how to survive, but how to prosper and thrive. The following Message was received from His Excellency the Governor and Together, Bermudians have experienced Commander-in-Chief:- remarkable success, merging the wisdom of centuries with the skills and know-how of (No. 1) current generations — always building for a better tomorrow. Mr. George Fergusson Governor and Commander-in-Chief In a world that appears ever segmented and self-absorbed, we remain a living community I have the honour to inform the in every sense of the word: anchored to Senate that I will deliver the Speech on the neighbourhoods and social clubs, maintained occasion of the Convening of Parliament at by everyday courtesies and revealed in town 11:00a.m. today, Friday, the 8th November, hall meetings and radio call-in shows; all of us 2013 on the Cabinet Office Lawn. living within the life of this great Island. This is something to preserve and build on. Government House, 8th November, 2013.

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But today our community once again faces a Madame President and Members of the test of great significance for its future. Senate The scourge of unemployment takes its toll on Mr. Speaker and Members of the House of thousands every day, draining self-esteem and Assembly straining family life. Gun violence erupts to shatter families and demoralize communities. It is time for us all to play our part. It is time to Massive debt and alarming annual spending use these tough times as an opportunity to deficits hobble our ability to act, narrowing right the ship, everyone pulling together to fix future choices. the Island so that it works better for families and students, for seniors and workers…for Do Bermudians have what it takes to weather everyone. the storm, as we have done throughout history? Do we have what it takes to adapt Madame President and Members of the and change, to solve problems and emerge Senate stronger and more together than before? Mr. Speaker and Members of the House of Assembly The Government is unreservedly confident Bermudians can and will do it. The Government’s operating vision is to achieve social and economic equity for all Progress will depend not just on Government Bermudians, leaving no one behind. actions to fulfill its mandate for change; but on people understanding that “we are all in this It is a vision made possible by the deeply boat together” and that decisions taken to compassionate nature of Bermudians and the keep the boat afloat are decisions taken to widely felt yearning for a society that is more keep everyone afloat. fair, free and just. It is a vision that depends on economic growth. The challenge for everyone will be to exercise patience and understanding while efforts to The Government will make progress to solve longstanding problems take hold. The implement the vision in the first instance by scale and complexity of the challenges we face meeting the practical day-to-day needs of is such that society-wide improvements will people: safe communities, schools that enable not happen as fast as they need to happen. their children to live productive lives; and good-paying jobs that make it possible for Progress will also depend on collaboration Bermudians to support their families. and willingness to sacrifice for the good of the Island. This summer’s successful negotiations Bermuda in recent years faltered in these with the Bermuda Trade Union Congress (the crucial areas, nowhere more so than in the BTUC) for a contract that took into account economy’s diminished capacity to generate Government’s debt situation stands as an and maintain enough jobs to keep example of collaboration and shared sacrifice. Bermudians working.

The challenge for Government will be to Madame President and Members of the spread the spirit of shared sacrifice to all Senate stakeholder groups, particularly those who Mr. Speaker and Members of the House of can help relieve people’s hardships. To that Assembly end, and in keeping with a promise made in negotiations with the BTUC, the Government The Government’s primary objective since initiated discussions on the cost of food and coming to office has been to give Bermudians electricity. As a result, The MarketPlace, a new chance, by breathing life back into the Supermart and Lindo’s will expand food cost economy so that it is growing jobs, not losing relief by introducing 10% discounted them; giving people a chance to provide for shopping on Wednesdays for one year with their loved ones and to carry themselves effect from 1 December 2013. through each day with pride and purpose.

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The Government’s focus has been on in public works from road paving to cruise rebuilding the economic foundation of the ship piers, and in Bermuda’s remarkable Island, to unblock the job-creating power of standard of living compared to most other the private sector and restore confidence in countries. the Island as a place to do business. The underlying challenge in maintaining this Growing the economy, getting more people symbiotic relationship between non- and dollars to our shores, is the most direct Bermudians and Bermudians is for the way to generate the jobs, pay cheques and Government to make sure Bermudian opportunity that Bermudians need. It is also opportunity and workplace rights are the surest way to generate the revenue protected while international workers are necessary to pay for social programmes and made welcome. Maintaining this balance is pay down the Island’s debt. one of the Government’s most important duties. The passage in October of increased Measures to refresh the Island’s penalties for employers who breach attractiveness to international business and immigration rules alongside the Incentives for investors are a critical part of the Job Makers Act is an example of the Government’s economic turnaround plan. Government maintaining that balance.

The damaging impact brought about by the Madame President and Members of the departure of thousands of international Senate workers and their families is a warning Mr. Speaker and Members of the House of Bermuda must heed. Their departures Assembly represent the outer layers of a sector of the economy that generates more than half of the The Government is embarked on a five-year Island’s total economic activity. plan to recover lost ground and revive the Island’s ability to meet the needs and Steps to reverse this trend — to stop the potential of Bermudians, to help them grow bleeding — are being taken because jobs and individually and collectively in ways that opportunity at all levels of the economy make the Island strong and more secure, from depend on an international sector that is generation to generation. thriving, not diminishing. Although the plan is long-term and involves Bermudians can play their part in the all sectors of public life, there is room within turnaround by recognizing the importance of the timeframe to gauge whether Bermuda is international business to their personal well- starting to move in the right direction. being and to the larger community. For example: • Since the Government passed payroll tax The Island cannot succeed for its people exemptions for employers to hire out-of-work without the participation of the outside world. Bermudians, the Island has recorded two Only by opening our doors to foreign consecutive quarters of job growth, with investors, only by attracting more people to preliminary figures showing a total of 420 our shores, can we achieve the kind of Bermudians hired between 1 April and 30 recovery that grows jobs and incomes. September. • Through the first three quarters of 2013, This is nothing new for Bermuda. The Island Bermuda recorded the highest number of has always relied on foreign investment to local and international company formations grow the economy — whether through since 2008, ending five years of relatively investors building hotels, allies constructing consistent decline in total companies on the military bases or international businesses Register and setting the stage for further job setting up shop. The infusion of foreign capital creation. and activity across generations has generated • In June, Police reported the lowest crime opportunity for Bermudians in untold ways — statistics since 2000, while public opinion in careers and business opportunities, in polling showed Bermudians feeling safer. scholarships and the building of family homes,

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These are encouraging signs and they The Finance Ministry, with its Government represent a good start toward recovery and partners, will continue efforts to restore renewal. But Bermuda is not out of danger. confidence in Bermuda as a place to do There remains much to be done. business. Confidence is the lynchpin for economic growth and the jobs that come with Madame President and Members of the it. With confidence, investors invest in Senate projects that keep societies moving forward; Mr. Speaker and Members of the House of without it, hotels do not get built, Assembly infrastructure ages and waterfronts do not get redeveloped. Today’s Throne Speech outlines the Government’s legislative agenda for Year 2 of Steps to regain that confidence are difficult to its five-year plan to improve the quality of life quantify, but the success of Bermuda’s $750 for Bermudians, building an economy and million bond issue last summer indicates that providing a system of government that works major investors have confidence in the for them. Government’s economic turnaround plan.

The Finance Ministry will continue its two- The Finance Ministry will complete the track strategy to renew growth while remainder of its strategic borrowing imposing discipline on the public purse; requirements later this month with a $BD50 building on initiatives put in place this year. million bond issue in Bermuda. The bonds The SAGE Commission has completed its six- offer Bermudians a chance to invest in the month ‘under the hood’ investigation of the Island and achieve a higher return on their operations and structure of Government. Its investment dollars. work has been conducted in an open and transparent manner, inviting wide public The Ministry will take steps toward the participation. Government will now continue formation of an Office of the Contractor the process. General to oversee Government projects from tendering to completion, to ensure rules, The Commission’s complete report will be guidelines and policies are strictly enforced tabled in the House of Assembly later this and to identify unfair practices or offensive month for full Parliamentary debate. The conduct. An Office of the Contractor General Government will subsequently put forward a will be an important step toward plan to implement the Commission’s transparency, best value and more effective recommendations, with consultation on control of Government spending. proposed change being an integral part of the process. Madame President and Members of the Senate The work of the SAGE Commission represents Mr. Speaker and Members of the House of an historic opportunity to re-set the Assembly foundation of governance in Bermuda; streamlining Government processes, The Ministry of Economic Development is improving delivery of services, making them committed to facilitating sustainable more efficient, cost-effective, transparent and economic growth and job creation. Over the user-friendly. past year, it has worked closely with other key ministries through the Cabinet Committee for Legislation will be amended to strengthen Economic Development to make progress on debt collection and enforcement measures. infrastructure and resort development and The Government is currently owed will continue to do so. approximately $70 million in unpaid taxes. Collected monies will be deposited into the The Ministry has also worked with the Consolidated Fund to support social business community to create a more programmes without incurring additional welcoming environment for both existing and debt. new business. The results are reflected in the rising number of new local and international

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companies on the Register through the first The high cost of energy is an important factor three quarters of the year. By 30 September for residents and business alike and it is an 2013, 19,270 companies were registered, issue that companies and developers consider representing the largest total number ever on when looking at the Island as a potential the Register. domicile. Following the successful launch of the Regulatory Authority in January of 2013, While the full effect of these newly registered the Ministry of Economic Development will companies will not be felt immediately, over move the regulation of Energy to this time the Government expects to see more independent body. This move will involve widespread economic benefits from these changes to the Energy Act 2009 and the companies. Not all, but many, will be renting Regulatory Authority Act 2011. One of the office space, hiring staff, and purchasing aims of this initiative is to help lower the cost goods and services from local providers. of energy for consumers.

The Bermuda Business Development The Bermuda Energy Working Group has Corporation — now called the Bermuda been formed and comprises a diverse group of Business Development Agency (the BDA) — energy professionals, independent engineers, was formed with Ministry support in April as non-governmental organizations and a public-private partnership. The BDA was interested members of the public, working in established to promote Bermuda as a collaboration to provide advice and guidance business centre and to help develop and to the Department of Energy. One of their diversify our international business sector. primary tasks is to develop equitable The new CEO and Board have already begun interconnection agreements for independent to implement strategies designed to bring power producers to contribute to the business, economic growth and jobs to production of electricity, a development that Bermuda. can lead to price competition, diversified energy production, increased use of The BDA’s proactive approach prompted the renewable energy sources and the hosting of a two-day Asset Management opportunity for lower-cost fuels such as Summit in Bermuda earlier in the summer natural gas. where US-based hedge fund lawyers and prime brokers provided invaluable feedback The Ministry of Economic Development will which led to recent amendments to the also be working with the Bermuda Economic Investment Funds Act. The amendments were Development Corporation (BEDC) and the the centrepiece of a well-coordinated Office of Project Management and Business Development mission to New York Procurement to boost small business by to capitalize on the momentum and encourage ensuring that up to 20% of Government more financial service businesses to choose spending on goods and services is awarded to Bermuda. small business. Small businesses on the BEDC register will be able to avail themselves of The newly launched International Business BEDC advisory and financing services as well Concierge service — coordinated by the as Government tender offers aimed at small Ministry and the BDA — has already directly businesses. assisted 26 companies to set up operations in Bermuda, including the forerunner of a new Work to strengthen and grow the potential industry of biotech, life-science and Departments of Civil Aviation and Maritime high-end medical diagnostic companies. Administration will continue through 2014. These are important departments for To provide further economic stimulus to the Bermuda as they oversee the Aircraft and island’s retail sector, the Ministry has been Shipping registers. The focus in 2014 is to working with the Chamber of Commerce and ensure that these departments are properly the Registrar of Companies to introduce staffed to meet international requirements legislative amendments to the Public Holidays and to provide a growing revenue stream for Act 1947 to increase the flexibility afforded to the country. In addition, the Ministry will businesses with regard to their opening times. continue to develop Bermuda’s satellite and

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space business, following the successful The Ministry will initiate community-wide “bringing into use” of Bermuda’s satellite slot consultation to encourage direct inward in April. investment in the Island through a commercial immigration programme that The Ministry, working with the Home Affairs supports business, job and career Ministry, will move forward with proposals to opportunities for Bermudians. improve property market conditions. Issues with holding, acquiring and conveying land In addition, the Ministry will introduce a Good will be clarified and streamlined through Samaritan Act to provide legal protection to amendments to the Companies Act 1981 and those who donate food to people in need. consequential amendments to the Bermuda Immigration and Protection Act 1956. Madame President and Members of the Senate The amendments should prove beneficial to Mr. Speaker and Members of the House of both commercial and residential markets, Assembly providing confidence and certainty. In addition, they will build on the initiative Electoral reform is an ever-evolving process behind the recently passed Incentives for Job in democratic societies. The aim is to improve Makers Act to deepen the bond with existing the responsiveness of electoral processes to companies and ensure their continuing public desires and expectations. The presence and employment of Bermudians. Government, accordingly, will move forward with absentee balloting for travelers and Madame President and Members of the students away in college and measures to Senate extend the days for advance poll for travelers. Mr. Speaker and Members of the House of These proposals will require amendments to Assembly the Parliamentary Election Act 1978 as well as other consequential amendments. The Ministry of Home Affairs is committed to strengthening the regulatory environment for Madame President and Members of the the rapidly changing labour market. The Senate Government, consequently, is forming a Mr. Speaker and Members of the House of tripartite committee, representing unions, Assembly business and Government, to review Bermuda’s labour laws with a view to the The formation of the Tourism Authority consolidating and modernizing the legislative represents a turning point in the history of infrastructure. Bermuda tourism, whereby the private enterprise structure of the new Authority will The Committee will look at the role that ensure an unprecedented level of labour law plays in job retention and creation accountability for the performance of the and to devise an infrastructure that is fairer, industry. Work is currently underway to more responsive and more inclusive. Seven complete the structure of the newly created labour laws will be impacted by the Review. Authority, with 31 March 2014 set for The Ministry will solicit the assistance of the completion of the transition. International Labour Organization (ILO) as a part of the process. The mission of the Tourism Authority, using the National Tourism Plan as a core planning In order to conform to human rights document, is to revitalize the industry; obligations under the European Convention helping it to compete more effectively in the on Human Rights, the Government will move global marketplace for both visitors and forward with amendments to the Bermuda investors, and to grow jobs and career Immigration and Protection Act 1956 to opportunities for Bermudians. provide pathways to Bermuda status for persons born in Bermuda or persons who In related work, the Ministry of Tourism have been adopted by Bermudian parents. Development and Transport will work with other ministries to streamline and modernize

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the Hotel Concessions Act. Amendments will consultations will continue through the year be designed to attract developers for new with a view to amending the 1951 Motor Car tourism resorts and products and to facilitate Act to achieve these improvements. the upgrading of existing properties, with provisions to encourage job creation and Madame President and Members of the training programmes for Bermudian Senate hospitality workers. Mr. Speaker and Members of the House of Assembly The Department of Marine and Ports Services will update the Marine Board Act 1962 to The Government has created a Gaming keep pace with international best practice in Committee that is currently reviewing and marine safety and security and to address analyzing existing material on gaming, as well needs specific to local boating fleets. This will as gathering new information on the subject. help the Department proactively manage The committee is also considering various illegally moored boats and small vessel wreck operating and governance models including removals and reduce operating costs. The the establishment of a Gaming Commission. Department will also review Bermuda’s border and port security with partner The Government is committed to having a agencies in concert with the recently referendum on gaming in the first quarter of completed National Security Review. 2014. The referendum will be preceded by a substantive public information campaign. The Department will continue the digital mapping of vessel moorings island-wide Madame President and Members of the through 2014. The GPS positioning of all Senate moorings will lead to operational and Mr. Speaker and Members of the House of management efficiencies, reductions in boat Assembly owner operating costs and growth in Department revenues. The has spared no effort to meet the challenge of the rise of guns, The Department of Airport Operations, in gangs, drugs and violence in Bermuda. Since conjunction with the aerospace company 2009, the police have delivered strong Boeing-Jeppessen, will carry out a feasibility enforcement, genuine community study for Bermuda to become a certified Air engagement and rigorous investigative efforts Navigation Service Provider. This would leading to convictions and a commensurate enable Bermuda-based Air Traffic Controllers reduction in crime. During the same period, to provide air traffic management services to police pay and benefits have been significantly aircraft arriving or departing here — a service increased to address judicial findings of a lack currently provided by the US Federal Aviation of parity. Having achieved this parity, the Authority (FAA) — and create the potential Government will engage the Bermuda Police for Bermudian job opportunities in air traffic Association in a constructive dialogue to control. review and revise the Conditions of Service Order to better reflect a modern benefits Madame President and Members of the structure and to take account of these Senate economic times. Mr. Speaker and Members of the House of Assembly Operation Ceasefire has been more fully implemented through various initiatives since An effective transportation system is an the 2012 election. The strengthened essential component for economic growth and community arm of the Inter-Agency Gang development. The Ministry of Tourism Task Force is now tasked with developing a Development and Transport will continue Bermuda-styled “call-in” procedure. This will working with all segments of the engage community and moral voices in direct transportation industry to develop a system interaction with individuals involved in gangs, that better serves visitors and residents and challenging them on the effect of their lifestyle that works better for operators. Broad-based on others and presenting alternatives for their

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productive return to the mainstream of the regime that supports competitive, sport community. shooting for Bermuda.

The Government promised to implement a During this legislative session, the “cash back for communities” programme Government will introduce amendments to whereby the proceeds of crime were put back the Defence Act 1965 to eliminate into communities most affected by violence conscription. Additionally, further and anti-social behaviour. The legislative amendments to the Act will provide for a platform for this initiative has been laid with revised legal and disciplinary system for the amendments to the Proceeds of Crime Act Bermuda Regiment in accordance with EU 1997. With funds realized from seizures made standards for the modern military. to date and funds designated for the Confiscated Assets Fund in the next six Madame President and Members of the months, the Government will allocate funding Senate to support Team Street Safe, the anti-gang Mr. Speaker and Members of the House of mediation programme, whose mandate Assembly includes providing alternative opportunities to those who seek to transition out of the gang The Ministry of Public Safety, in keeping with lifestyle. the Government’s commitment to public sector efficiency, has identified synergies In addition, the Government will provide within its various departments. Accordingly, funds to Focus Counselling and the Family the parole responsibilities of the Department Centre to help families in need, and to support of Court Services will be transferred to the short-term jobs initiatives to provide work for Department of Corrections. This will properly out-of-work Bermudians. Other organizations separate the probation and parole functions will be considered as additional funding in a best practice model that promotes the becomes available. efficient management of both systems of supervision to the benefit of clients and the Madame President and Members of the general public. Similarly, the Government will Senate complete earlier plans to strengthen border Mr. Speaker and Members of the House of control by placing the control of those Assembly elements currently responsible for this critical function under the Ministry of Public Safety. The Government encourages those who drink alcohol to do so responsibly. Licensed Madame President and Members of the premises will be required to effect a stricter Senate regime for the service of alcohol. Mr. Speaker and Members of the House of Amendments to the Liquor Licence Act 1974 Assembly will require mandatory ID checks for bars and nightclubs while other licence holders will be The time has come for leadership in the public empowered to require proof of age before debate on marijuana. Therefore, in this serving alcohol to patrons of their premises. Session, the Government will produce a public The Government will continue the consultation paper on the decriminalization of consultation with the owners and operators of marijuana and an examination of its wider licensed premises to ensure that these uses. This will inform the community of the requirements do not adversely affect their competing research on this drug, its uses and ability to run successful establishments. the potential impact any shift in policy might have on the Island. The people’s Following the success of the recent Island representatives must lead a sensible, mature Games and recognizing the international public discussion on this issue. success of Bermuda’s competitors in shooting events, the Government will conduct a full Madame President and Members of the review of the Firearms Act 1973 with a view Senate to developing a legal framework and safety Mr. Speaker and Members of the House of Assembly

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The prohibition of alcohol sales by retail The Ministry of Health and Seniors will outlets on Sundays has been a feature of therefore put forward a Vulnerable Persons Bermudian society for a long time. However, Act to protect the most vulnerable from times have changed. Locals and tourists alike predators and those who may do them harm. wish to be able to purchase beer, wines and In addition, the Ministry will strengthen the spirits on a Sunday. provisions of the Senior Abuse Register Act 2008 to provide greater protection for Accordingly, Government will amend the vulnerable seniors. Liquor Licence Act 1974 to allow for the purchase of wine and spirits on Sundays from The Bermuda Health Council Act 2004 and the retail outlets that are permitted to operate in Public Health Act 1949 will be amended to accordance with the Public Holidays Act 1947. introduce controls on the entry of new, high- cost health technology, which has contributed The recent Privy Council decision that significantly to rising health care costs. reduced the sentences of two convicted murderers has caused disquiet in the In Bermuda’s health care system there is community and has given rise to concern limited control over the introduction of new about the efficacy of the criminal justice health technology. Consequently, Bermuda system in relation to serious offences. has very high rates of equipment per capita compared to other high-income countries. In order to satisfy the public demand for This high capacity inevitably leads to high adequate penalties and sanctions for murder utilization, as providers have an incentive to and serious crime, Government will amend seek a return on their investment. The result the Criminal Code 1907 to ensure that in cases is equipment use that is not always medically of murder and other serious offences, a judge necessary and that increases health costs. The will be able to set the minimum amount of introduction of a mechanism to control the time that must be served before the offender entry of equipment to the Island will have a becomes eligible for parole. positive impact on the cost of healthcare while allowing for the importation of During this Parliamentary Session, appropriate equipment to meet the health Government will also promulgate regulations needs of our population. to support the recent amendment to the Proceeds of Crime Act 1997 that made Bermuda, like most other countries, has an provision for civil proceedings before the ageing population. While “Ageing in Place” is Supreme Court to allow for recovery of the Government’s policy, Bermuda will need property obtained through unlawful conduct. additional long-term care beds for both the elderly and the disabled. The Government will Madame President and Members of the therefore produce a strategy for the care of Senate the elderly and disabled who are no longer Mr. Speaker and Members of the House of able to stay in their own homes. Assembly Because long-term care is an expensive Every country has a moral responsibility to proposition, a long-term care plan must take ensure that its vulnerable populations are into account the needs of the community, the given the greatest possible protection. ability of families to pay for care, and the role and financial capacity of the Government. Children are protected under the Children Act 1998 and there is some protection for seniors Vulnerable seniors and the disabled cannot be under the Senior Abuse Register Act 2008. But abandoned in their time of need. Neither can there is little in the way of protection for their families be bankrupted by trying to persons who are between the ages of 19 years manage and pay for their care. Government and 64 years and who may have cognitive or has a role, but that role must be limited by other disabilities which make them policy and the ability of families to afford vulnerable to many forms of abuse. appropriate care.

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The Ministry of Health and Seniors will amend The Ministry has identified a need to the Bermuda Hospitals Board Act 1970 to incorporate a family mediation component provide legal protection, or “shield into the Children Act 1998. The purpose is to legislation”, for physicians and officers of the provide mediation as a prerequisite to co- Bermuda Hospitals Board (BHB) involved in parenting orders rather than as a result of Quality Improvement and Peer Review non-compliance with such orders. The activities performed on behalf of the BHB. Children Act will therefore be amended to require courts to order mediation before co- The practice of good medicine requires parenting orders are issued and also to regular review and critique by peers, but consider mediation in child custody and without shield legislation this important step access disputes. Provisions for co-parenting to ensure good quality care can be stifled. It is orders that recognize the importance of both international best practice to complete these parents in children’s lives will be introduced reviews. into the Children Act 1998.

Madame President and Members of the In addition, the Ministry will spearhead Senate efforts to use mediation in ways that shift the Mr. Speaker and Members of the House of consequences for failing to pay child Assembly maintenance from prison to more creative solutions that take account of the possible The mission of the Ministry of Community, harm to children. Culture and Sports is to strengthen the social fabric of Bermuda through policies and The Department of Youth, Sport and programmes that support, empower and Recreation has made significant progress protect people and communities. toward the development of a National Sports Policy. A draft policy will be forwarded to all Earlier this year, the Ministry launched a pilot stakeholders, including the National Sport project to help people transition from needing Governing Bodies, for feedback. The policy financial assistance to becoming self- envisions sporting organizations working in sufficient. This Community Driven partnership toward the goal of sporting Development (CDD) programme focused on success in all areas: wide community training a group of unemployed and under- participation, early recognition and employed women to develop skills and development of sporting talent, training and competencies for defined business projects. respect for coaches, volunteers and The training included skills workshops, work administrators; a world class reputation for shadowing, volunteer work and preparations hosting international events and a worldwide of a business plan. reputation as a sporting country.

The Ministry will expand the CDD programme The Government is committed to building a in the coming year to engage a second group more inclusive Bermuda; removing of women on financial assistance. A separate impediments and barriers wherever they initiative to engage able-bodied men on exist so that people have fair opportunity in financial assistance will also be launched. all endeavours.

The Ministry has identified an opportunity to In keeping to this goal, the Ministry of improve its ability to serve clients by Community, Culture and Sports, through the consolidating client data from multiple human Department of Human Affairs, will develop a services agencies into one information National Gender Policy. The policy will system. The Human Services Information establish a framework for including gender System will enable the Cross Ministry perspectives in all activities of Government Intervention Team, which works with clients and society, helping to bring equitable who have demonstrated an inability to considerations to decision-making that provide for their families, to be more effective involves the differing needs, constraints and and efficient in its work. priorities of men and women. The Department will collaborate with similar

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jurisdictions in the region to produce a policy establishing a facilities plan to address the that conforms to world best practices. state of schools.

Madame President and Members of the This will ensure that the safety and health of Senate our principals, teachers and students is at the Mr. Speaker and Members of the House of forefront of the transformation of the Assembly education system.

Work on the transformation of the public Madame President and Members of the education system to better serve the needs of Senate students, parents and the community will Mr. Speaker and Members of the House of continue under the newly appointed Assembly Commissioner of Education. The mission of the Ministry of the Following consultation and debate of the Environment and Planning is to lead Bermuda Government’s Green Paper on Inclusive and toward sustainability by managing our Special Education in the upcoming session, natural and built environments. the Ministry will draft and table a White Paper on Inclusive and Special Education, setting out Through the Department of Environmental Government’s plans and a clear framework to Protection, the Ministry will develop a meet the needs of all students, including gifted national strategy to revitalize the agriculture students and those requiring additional industry and strengthen the Island’s food educational support. security.

As part of its education reform plan, the Food security focuses not only on increasing Government is committed to implementing a local production but also developing modern, fully integrated technical curriculum safeguards, laws and policies to minimize the beginning in the middle schools and risk of interruptions to supply. continuing through . One step in the plan is the expansion of the The National Agriculture Strategy will, among student Career Pathways Programme, which other things, aim to increase the protection of has successfully enabled greater linkage with arable land and topsoil, encourage community industry and the business community. and home gardening, tackle the challenging issue of government land leases for dairy and To expand the programme and ensure that produce farming, and create opportunities in students leave school with an international new technologies and job creation, within a certification that they are employable, S3 modernized legal and policy framework. students will be required to sit the Employability Certification Programme Through the Department of Conservation offered through City and Guilds. Employers Services, the Ministry will develop a system to who receive students directly out of our better control invasive species, both plant and senior schools will know that they are getting animal. an employee that understands the expectations and demands of work. Invasive species, next to habitat destruction, pose the single biggest threat to the loss of Bermuda’s maintained schools have a long biodiversity on small oceanic islands, and distinguished history. However, their according to the United Nations. Bermuda is upkeep and attention to ongoing maintenance no exception. The Island hosts at least 23 of over those years has been inconsistent and the world’s top 100 invasive species, often limited by the availability of funds. including the kudzu vine, lionfish and the Mexican pepper tree. In conjunction with the Ministries of Public Works and Environment and Planning, the The Ministry will specifically target the Ministry will initiate an audit of the physical lionfish, which has the potential to destroy not plant of maintained schools with the intent of only commercial fish species but all reef fish

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that preserve the Island’s reef system. public consultation, the Department of Working with private companies, non- Sustainable Development is analyzing the government organizations and volunteers, the information gained through this process. Government will implement the Lionfish Management Plan. EEZ planning presents Bermuda with a significant opportunity to address our Madame President and Members of the economic, social and environmental Senate sustainability. Planning allows for Mr. Speaker and Members of the House of consideration of a wide range of opportunities Assembly to stimulate direct foreign investment, strengthen our fishing industry and enhance As part of the Government’s commitment to Bermuda’s global reputation as a leading support St. George’s, the Department of Parks steward of the high seas. will continue renovating Government-owned East End fortifications, which are an integral Madame President and Members of the feature of the St. George’s World Heritage Site. Senate This year’s efforts will focus on Alexandra Mr. Speaker and Members of the House of Battery, Gates Fort and the Ferry Reach Assembly Martello Tower. The Ministry of Public Works will progress In order to rectify the current state of the St. the use of flood modeling to assist the George’s Golf Course and to create job community decision-making in the event of opportunities in the East End, the Parks storms that threaten residents who live in Department will create a temporary jobs low-lying areas. The Ministry will also initiate programme. The goal of this paid work work to provide the public with hurricane programme will be to bring the St George’s shelters at the east and west ends of the golf course back up to a level where it can be Island, in addition to the centrally located maintained on an ongoing basis for the benefit . Accordingly, the of the community. gymnasium roof at Clearwater Middle School in St. David’s will be replaced as will the The Ministry of Environment and Planning, library roof at Sandys Secondary Middle through the Department of Land Surveys and School. Completion of this work will give the Registration, will also introduce Land Title Emergency Measures Organization more Registration to provide a transparent, options to house residents during extreme accessible and effective land information weather. system — something that has not yet existed in Bermuda. The Ministry of Public Works, in conjunction with the Ministry of Economic Development, The Registry will compile and maintain an has recently established the Government electronic record of land ownership, Sustainable Energy Committee. The guaranteeing legal ownership, rights and Committee is to develop strategies and interests in registered land. This will provide practical plans for sustainable levels of energy confidence in property dealings by providing consumption in all Government buildings and electronic public access to guaranteed systems. The goal is to reduce energy information on registered land, including spending and consumption, the impact on the detailed records of land owned by non- environment and the strain on Belco’s existing Bermudian individuals and companies. The supply infrastructure, in addition to providing Land Title Registry Office will be a self- positive examples to the private sector sufficient, revenue generating operation. through the identification of best practices.

The Government will conclude its work on the In keeping with this goal, the Ministry of future planning for our Exclusive Economic Public Works will move forward with an LED Zone (EEZ), which represents a vast circular street lighting pilot project between and area of ocean around the island extending 200 around the two Trimingham Hill roundabouts. miles from our shores. Following extensive The pilot scheme is to assess the suitability of

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LED street lighting as a replacement for the economy — all years in the making — must be existing system. Particular emphasis will be broken. placed on the quality of the lighting, including input from road users, reduced energy The Government’s mission is to defuse these consumption and savings in long-term challenges and rebuild the Island in ways that maintenance and energy costs. meet the everyday needs and dreams of all Bermudians. Madame President and Members of the Senate Steps to revitalize the economy are steps to Mr. Speaker and Members of the House of grow jobs and opportunity in all areas of life Assembly — for construction workers, electricians, plumbers, small businessmen, landlords, In addition to those legislative items already retailers and students looking for that first mentioned, during this Session the job. will be invited to consider some new statutes and amendments to a number of existing Acts Steps to reform governance are parts of a plan including: to lock in place a system that will be Charities Bill accountable, inclusive, transparent and fair, Fire Safety Bill no matter the office holder. Agriculture Act 1930 Bermuda Archives Act 1974 Steps to wean young Bermudians away from Bermuda National Library Act 1946 gangs are steps toward safe communities and Bermuda National Parks Act 1986 hope for the future. Corporate Service Provider Business Act 2012 Clean Air Act 1991 Steps to teach people the skills to provide for International Cooperation (Tax Information their families are steps that will strengthen Exchange Agreements) Act 2005 the social fabric. Insurance Act 1978 Investment Business Act 2003 Madame President and Members of the Investment Funds Act 2006 Senate Land Valuation and Tax Act 1967 Mr. Speaker and Members of the House of Protected Species Act 2003 Assembly Trusts (Regulation of Trust Business) Act 2001 The Government sees our situation as an USA-Bermuda Tax Convention Act 1986 historic opportunity — an opportunity to restore and improve the quality of life and an Madame President and Members of the opportunity to move forward on a unifying Senate path toward a Bermuda that is fair, free and Mr. Speaker and Members of the House of just. Assembly This is the opportunity of our generation: to The Government remains deeply concerned right the ship and renew our potential to grow about the plight of many Bermudians: the out- in ways that leave us stronger and more of-work father looking for a job, the mother secure, from generation to generation. who worries that her son is slipping into gang life; the high school student who can’t find a It is up to all of us, in this together, place in the workforce, the senior who can’t recognizing we have a duty to be our afford the electricity bill; and families brother’s keeper, making sure everyone gets struggling to care for an ageing parent. opportunity to succeed; all of us pulling together for Bermuda, leaving no one behind. Overlaying these daily difficulties, the Island faces an alarming combination of economic Madame President and Members of the and fiscal challenges that are simply not Senate sustainable. The momentum behind rising Mr. Speaker and Members of the House of debt and deficits and an under-performing Assembly

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I am grateful for the convention which by On the motion of Senator Mrs. J.E. tradition allows a Governor to add a few of his Dillas-Wright, the minutes of the meetings of own words at the end of the Throne Speech. I Wednesday, 2nd October, Monday, 7th October say ‘his own’ words — but I am glad to note and Wednesday, 9th October 2013 were taken that no fewer than three of my fellow as read and confirmed. are now women.

It is clear that the next six months will see Senator the Hon. M.M. Fahy gave change. The leadership of both main parties notice that at the next day of meeting, he have acknowledged the need for change and would move that the following Message be spoken honestly and openly about it. Changes, sent to His Excellency the Governor:- both to address the Government’s financial deficit and to modernise the public service, "MAY IT PLEASE YOUR EXCELLENCY: will cause some pain. The exact nature of the change will no doubt be the subject of The Senate has the honour to thank discussion, to put it mildly, among the public, Your Excellency for the most gracious Speech between the parties and perhaps within them, with which Your Excellency was pleased to and understandably right across Bermuda. open the present Session of Parliament." There is an excellent prospect that Bermuda will emerge, as it has in the past, stronger, fitter and, I hope fairer, including to those 12:34p.m. who lack the financial strength of others. I hope that the commendably broad agreement Senator Mrs. L.A. Woolridge on much of the need for change, and its form, congratulated the Employee Assistance can be built on across the legislature and Programme of Bermuda (EAP) on achieving across Bermuda. There will not be complete accreditation through the Council on agreement. But the stronger the consensus, Accreditation and the Bermuda National the less painful, and more successful the Standards Committee. A four year changes may be and the greater the prospect Accreditation was awarded to the EAP. of success. Senator Woolridge congratulated the Madame President and Members of the Bermuda Sickle Cell Association on its First Senate Annual Charity Golf Tournament recently held Mr. Speaker and Members of the House of in support of the Association, and she noted Assembly that the XL Group was the Lead Sponsor fort the Charity Tournament. I declare this Session of the Legislature open; and may God guide you and grant you wisdom Senator Woolridge expressed in your deliberations. condolences for the family of the late Mr. Jermaine Michael Minors of Pembroke, whom George Fergusson she noted was a Customs Officer who had Governor and Commander-in-Chief suffered with Sickle Cell Anemia. Bermuda 8 November 2013 His Excellency then withdrew and Senator the Hon. N.S. Brangman Members of the Honourable House of expressed condolences for the family of the Assembly retired to their usual place of late Mr. Mitchell Eve, whom he noted was a sitting. Senators returned to the Senate long-time Staff member in the Department of Chamber. Education; and he paid tribute to the late Dr. Clifford Maxwell, who was a former long-time Principal of , and very highly respected Mathematics teacher and 12:32p.m. professor at the former Bermuda Technical Institute and at the Bermuda College over many years. All Senators associated

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themselves with these remarks for Dr. Senator Ming congratulated Mrs. Maxwell. Hilda Smith on the celebration of her 106th Birthday; and she also congratulated the Senator Brangman congratulated the Bethel A.M.E. Church Family on the Church’s outgoing Permanent Secretary in the Ministry 125th Anniversary, and the Bermuda of Education, Mr. Warren Jones on his recent Progressive Labour Party on the celebration appointment as the President and CEO at of its 50th Anniversary. Polaris Holdings, and he wished him well in his new endeavours.

Senator the Hon. the President associated herself with the obituary and Senator M.G. Daniels associated congratulatory remarks of all Senators. himself with the obituary remarks for the late Mr. Jermaine Minors.

12:40p.m.

Senator D.V.S. Rabain congratulated Senator the Hon. M.M. Fahy moved Mr. Johnny Ball on his recent election as the that, at its rising, the Senate adjourn to new President of the Pembroke Hamilton Club Wednesday, 20th November, 2013 – which (PHC), and he remarked that it was good to was agreed to. see this young man taking the reigns at one of Bermuda’s most prominent community and Senator the Hon. M.M. Fahy moved sports organizations. Senator J.C. Baron that the Senate do now adjourn – which was associated himself with these remarks. agreed to.

Senator the Hon. M.M. Fahy congratulated all of the Prizewinners at the 12:40p.m. Prize-Giving event held at the Cathedral Hall on the preceding Adjourned until Wednesday, 20th evening, and he noted that it was a wonderful November, 2013. event.

Senator Mrs. J.E. Dillas-Wright expressed condolences for Mrs. Lucille Parker PRESIDENT on the passing of her beloved mother, the late Mrs. Dorothy Tatem. Senator Dillas-Wright noted that Mrs. Tatem was in her 100th Year and was a great lady who was widely admired and respected throughout the community. All Senators associated themselves with these ORDERS OF THE DAY remarks. Wednesday – 20th November, 2013

Senator Ms. R.D.L. Ming associated (1) Consideration of the Throne Speech with herself with the obituary remarks for the late which His Excellency the Governor was Dr. Clifford Maxwell and the late Mr. Jermaine pleased to open the present Session of Minors; and she expressed condolences for Parliament. the families of the late Mr. Germaine Pitcher and the late Mr. Ken Gordon.

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