2015/16 SESSION of the BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

2 March 2016 Sitting number 11 of the 2015/16 Session (pages 935–1048)

Hon. K. H. Randolph Horton, JP, MP Speaker

Disclaimer: The electronic version of the Official Hansard Report is for informational purposes only. The printed version remains the official record. Official Hansard Report 2 March 2016 935

BERMUDA HOUSE OF ASSEMBLY OFFICIAL HANSARD REPORT 2 MARCH 2016 10:00 AM Sitting Number 11 of the 2015/16 Session

[Hon. K. H. Randolph Horton, Speaker, in the Chair]

PRAYERS Government Fees Amendment Regulations. I would like to defer that until the next meeting. [Prayers read by Hon. K. H. Randolph Horton, Speaker] The Speaker: Yes.

CONFIRMATION OF MINUTES GOVERNMENT FEES TRADE MARKS AND SER- 26 February 2016 VICE MARKS AMENDMENT REGULATIONS 2016 Mr. Speaker, the second The Speaker: Yes, Honourable Members, we have Hon. E. T. (Bob) Richards: th item, with the Governor’s recommendation and in ac- the Minutes of the 26 of February to be confirmed. Are there any objections or any corrections to cordance with section 36 (3) of the Bermuda Constitu- those minutes? tion . . . I have the honour to submit, for the consid- If there are none, we will consider them con- eration of the Honourable House of Assembly, the th Government Fees Trade Marks and Service Marks firmed. Since there are none, the Minutes for the 26 th Amendment Regulations 2016. To be proposed by of February are confirmed. The Minutes for the 29 of February have been deferred. myself under the provisions of section 2 of the Gov- ernment Fees Act 1965. [Minutes of 26th February 2016 confirmed] The Speaker: Thank you Minister. MESSAGES FROM THE GOVERNOR PETITIONS The Speaker: There are none. The Speaker: There are none. ANNOUNCEMENTS BY THE SPEAKER STATEMENTS BY MINISTERS AND OR MEMBER PRESIDING JUNIOR MINISTERS APOLOGIES The Speaker: There are none. The Speaker: Yes, just the Members that are not here this morning. MP Michael Weeks and Junior REPORTS OF COMMITTEES Minister, MP Leah Scott, continue to be out, they have not been well. Also absent today is MP D. V. The Speaker: There are none. Burgess, he is out for personal reasons. QUESTION PERIOD MESSAGES FROM THE SENATE The Speaker: In regard to questions, we do have writ- The Speaker: There are none. ten answers to Parliamentary Questions from W. H. Roban, which have been answered by Junior Minister PAPERS AND OTHER S. D. Richards. COMMUNICATIONS TO THE HOUSE The Minister should have them, I think they were placed on his chair; the Minister will have those answers. The Speaker: The Chair will recognise the Honour- able Minister of Finance, Minister E. T. Bob Richards. CONGRATULATORY AND/OR OBITUARY Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. SPEECHES Mr. Speaker, the first item on the Order Paper is the

Bermuda House of Assembly 936 2 March 2016 Official Hansard Report

Hon. Marc A. R. Bean: Good morning Mr. Speaker Would any other Honourable Member care to and good morning honourable colleagues. speak? Mr. Speaker I rise with sadness to ask this The Chair will recognise the Minister for Eco- Chamber to send condolences to the family of young nomic Development. Minister, Dr. Gibbons, you have Mr. Eezariah Matthie Who recently lost his life on Ord the floor. Road. Mr. Speaker you might not be aware but Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Eezariah . . . I would like for the whole House to be Speaker. Good morning. associated Mr. Speaker. Eezariah was a very fine young man and was the son of the well-known PHC The Speaker: Good morning. footballer Mr. Kenny Mills. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, on a The Speaker: One of my students. more upbeat note, I would like to ask that congratula- tions be sent to the Bermuda Underwater Exploration Hon. Marc A. R. Bean: One of your students. And Institute for what I gather is an impressive America’s Mrs. Lisa Matthie is his mother. Kenny Mills is my Cup display that they are putting on. I am jumping the constituent suffice it to say that the entire area of gun a little bit because the formal opening is a little Warwick, both Kyber Pass and Ord Road, have been later on this afternoon, and I hope I get a chance to go stunned and shocked by this untimely loss. I would down briefly. But particularly to Mel Ferson, who I like to extend my personal condolences to Kenny and gather is the one who is the principal driver behind the Lisa and the entire Mills and Matthie families. exhibition. And I think it is, obviously, a very timely While I am on my feet, Mr. Speaker, I would exhibition, given the finals in 2017. So I would ask that also like to extend condolences to the family of the they be congratulated for putting this exhibition to- late Mr. Clifton Weller, of Marl Lane. And I know that gether. MP, Mr. Sylvan Richards, would like to be associated Thank you, Mr. Speaker. with it, and also I would like to associate the whole House, Mr. Speaker. As you know, Mr. Clifton Weller The Speaker: All right. Thank you, Minister. is the sibling of the Weller family, Karen and Khandi Would any other Honourable Member care to and Richard and Gary and George and Marshall. And speak? so, again, I would like to take this opportunity to send That will conclude the congrats and obits. my condolences, because the Weller family is close to my family. And I would certainly like to give my MATTERS OF PRIVILEGE thoughts and prayers to Mama Weller in this very diffi- cult time. The Speaker: There are none. Thank you, Mr. Speaker. PERSONAL EXPLANATIONS The Speaker: Thank you. Honourable Member. The Chair will recognise the Honourable The Speaker: There are none. Member, Mr. Lawrence Scott. You have the floor. NOTICE OF MOTIONS FOR THE Mr. W. Lawrence Scott: Yes, Mr. Speaker. I just wanted to associate my remarks with the Opposition ADJOURNMENT OF THE HOUSE Leader when it comes to young Eezariah Matthie. I ON MATTERS OF URGENT actually had the privilege of working with (what we PUBLIC IMPORTANCE called him at the airport) Ezzy. He worked at the air- port. And one thing I do remember about him is that The Speaker: There are none. no matter how stressful the situation we had, whether the flight was late, whether the flight was on time, INTRODUCTION OF BILLS whether we had a mechanical [issue], he was always upbeat. He always looked at the positive side of GOVERNMENT BILLS things, and then he would always end his comments with a little laugh, which caused you to start laughing, so he had a very infectious laugh. FIRST READINGS Once again, I would just like to send my con- dolences out to the Matthie and Mills family, as they The Speaker: The Chair will recognise the Minister do live in my constituency, Ms. Lisa Matthie. And he for Finance. Minister Bob Richards, you have the will be deeply missed. floor.

The Speaker: All right. Thank you, MP Scott. Bermuda House of Assembly Official Hansard Report 2 March 2016 937

RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR CAPITAL INVESTMENTS) AMEND- COMMITTEE OF SUPPLY MENT ACT 2016 ESTIMATES OF REVENUE AND EXPENDITURE Hon. E. T. (Bob) Richards: Thank you again, Mr. FOR THE YEAR 2016/17 Speaker. Mr. Speaker, I am introducing the following [Continuation thereof] Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Retail The Chairman: Good morning, Members and listen- Shops (Temporary Customs Duty Relief for Capital ing audience. We are now in Committee of Supply for Investments) Amendment Act 2016. further consideration of Estimates of Revenue and Expenditure for the year 2016/17. The Speaker: Yes. The Cabinet Office, Heads 9, 14, 26 and 80. Four hours have been allocated to this Head. I call on GOVERNMENT FEES AMENDMENT ACT 2016 the Premier and National Security Minister, the Hon- ourable Michael Dunkley, to proceed. Hon. E. T. (Bob) Richards: And also, I am introduc- ing the following Bill in accordance with section 36(3) CABINET OFFICE of the Bermuda Constitution, which requires the Gov- ernor’s recommendation, so that it may be placed on Hon. Michael H. Dunkley: Thank you, Mr. Chairman, the Order Paper for the next day of meeting: the Gov- and good morning to colleagues. Let me start out by ernment Fees Amendment Act 2016. moving those heads, Mr. Chairman, Heads 9, 14, 26 and 80. The Speaker: Thank you, thank you, Minister. The Chairman: Please proceed. OPPOSITION BILLS Hon. Michael H. Dunkley: Thank you, Mr. Chairman. The Speaker: There are none. I am grateful for the opportunity to lead the debate and present the Estimates of Revenue and PRIVATE MEMBERS’ BILLS Expenditure for Heads 9, 14, 26 and 80, the Cabinet Office, the Department of Statistics, the Department of The Speaker: There are none. Human Resources, and the Office of Project Man- agement and Procurement, respectively. I will present NOTICES OF MOTIONS each Head in turn.

The Speaker: There are none. HEAD 9—CABINET OFFICE

ORDERS OF THE DAY Hon. Michael H. Dunkley: Mr. Chairman, Head 9, the Cabinet Office, can be found on pages B-38 to B-41 of the Estimates of Revenue and Expenditure. I am The Speaker: Thank you. The first Order of the Day is pleased to present Head 9. the resumption in Committee of Supply for further Mandate. The Cabinet Office is the heart of consideration of the Estimates of Revenue and Ex- Government, providing services to Cabinet, the Pre- penditure. mier and Ministries of Government. The Cabinet Of- Minister of Finance. fice also coordinates initiatives on cross-ministry initia- tives and acts as the corporate headquarters for the Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. public service, providing services, advice and guid- I move that we resume in the Committee of ance for other government departments and, by ex- Supply for further consideration of Estimates of Reve- tension, to the wider public sector. nue and Expenditures for the Fiscal Year 2016/17. Mr. Chairman, the Cabinet Office is responsi- ble for the departments that provide support services The Speaker: Thank you, Minister. to other ministries. Those service departments in the I will ask that the Honourable Member from Cabinet Office Ministry include: constituency 14 please come and take the Chair [of • Department of Statistics; Committee]. • Department of Human Resources;

• Information Technology Office; House in Committee at 10:16 am • Department of Communication and Informa- [Mr. Glen Smith, Chairman] tion; • Project Management and Procurement; and Bermuda House of Assembly 938 2 March 2016 Official Hansard Report

• E-Government. 1. The London Office, which has a budget allo- cation of $1,032,000, the same allocation as Mr. Chairman, let me at this moment in time in the current financial year; give an expenditure overview. As shown in detail on 2. The Washington, DC, Office has a budget al- page B-38 of the Budget Book, the total current ex- location of $520,000, representing a decrease penditure for 2016/17 is estimated to be $7,070,000, of $128,000, or 20 per cent less than the cur- which represents an increase of $774,000, or 12 per rent financial year. cent, over the original budget for the year 2015/16, which closes at the end of this month. Mr. Chairman, the subjective analysis for the Mr. Chairman, the two major programme ar- Cabinet Office is on page B-39 of the estimates book. eas for the Cabinet Office are shown on page B-38. The object code description increases or decreases They are: General, with the line item 0901; and Eco- are attributed to the following areas: nomic Policy and Foreign Affairs (0902). • First, Salaries—an increase 10 per cent, or The first programme, General, [line item] $334,000, which is attributed to the following 0901, has been allocated a budget of $5,518,000. changes: This budget is $902,000 more than the budget for the o the addition of salaries in the amount current financial year, and it reflects a 20 per cent in- of $431,000 for the Sustainable De- crease. Through this Budget Debate, I will go into de- velopment Department as a result of tail on the increases and the decreases. the merger with the Central Policy Mr. Chairman, this budget is allocated across Unit, now renamed the Policy and seven cost centres within the Cabinet Office, and they Strategy Section; are o an increase of $30,000 to salaries for 1. General Administration, or Head Office, which Management Services to accommo- has a budget allocation of $2,720,000, representing date acting pay; an increase of $10,000, or less than 1 per cent, from o an incremental increase of $3,000 the current financial year; within the Policy and Strategy Sec- 2. Professional Development and Travel has a tion; budget allocation of $128,000, representing a de- o the reduction in the salary amount of crease of $40,000, or 24 per cent less than the budget $66,000 within the DC Office, with the for the current financial year; establishment of a director post now 3. Protocol and Hospitality, which has a budget graded at PS-42, or $144,000; allocation of $382,000, representing a decrease of o the reduction of salaries in the $68,000, or 15 per cent less than the budget for this amount of $52,000 in General Ad- year; ministration, resulting from a voluntary 4. Policy and Strategy is a merger of the former retirement and subsequent freezing of Central Policy Unit and the Sustainable Development the post; and finally, Department, which has a budget allocation of o a decrease within the overtime budget $938,000, representing an increase of $461,000, or in the amount of $12,000 in an effort 97 per cent more than the financial year we are cur- to be more efficient; rently in; • Mr. Chairman, in regard to the next item, 5. Public Access to Information [PATI], Mr. Wages—a decrease of 6 per cent, or $5,000; Chair, has a budget allocation of $142,000, represent- • Training—an increase of $9,000, or 150 per ing an increase of $29,000, or 26 per cent more than cent. This increase results from required train- the current financial year; ing that has been put on hold in the current fi- 6. Management Services has a budget allocation nancial year; of $728,000, representing an increase of $30,000, or • The next line item you will see on [page] B-30, 4 per cent more than the current financial year budget; Mr. Chairman, is Travel—a decrease of and finally, 18 per cent, or $40,000, in an effort to closely 7. Commission of Inquiry, which has a budget al- review all costs and make sure that travel is location of $480,000. only done when absolutely necessary. Mr. Chairman, just looking back through previous Mr. Chairman, the second programme, Eco- Budget Books, I note that the $177,000 that is nomic Policy and Foreign Affairs, business unit line listed there as travel for the next financial item 0902, has been allocated a budget of year, and the $169,000 which is the revised $1,552,000. This budget is $128,000 less than the estimate for the current financial year com- current financial year, reflecting a decrease of 8 per pares to a high point over the last few years of cent. The budget is allocated across the two overseas $737,000 in the Financial Year 2008/09, and offices within the Cabinet Office: then $612,000 in the next Financial Year 2009/10; Bermuda House of Assembly Official Hansard Report 2 March 2016 939

• Mr. Chairman, the next line item is Communi- [Inaudible interjection and laughter] cations—a decrease of 16 per cent, or $21,000, in an effort to be more efficient and Hon. Michael H. Dunkley: As my colleague, the streamline costs; House Leader said, there were people inside with • Advertising and Promotion—another decrease umbrellas up over their heads. And clearly, there are of 16 per cent, or $21,000. This results, Mr. challenges with the electrical and some things like Chairman, from decreasing advertisements in that. And I have to say, Mr. Chairman, there are also, I the official Gazette, in addition to a small de- believe, some challenges with mould in that building. crease in the Public Access to Information So we need to remediate as much as possible to [PATI] advertising; make sure that that building is functional and safe. • The next line item is Professional Services—a The total estimate for Capital Acquisitions for net increase of $626,000, or 81 per cent, and 2016/17 can be found on page C-8 of the Capital Ac- that is due to three main areas: quisition, Schedule C. That total amount allocated is $6,000, and this is allocated to the purchase of a pho- o $480,000, Mr. Chairman, which is al- located to the Commission of Inquiry; tocopier, because the current one is certainly on its last legs. o $180,000 allocated to the Govern- ment’s Negotiation Team; and In regard to Manpower, Mr. Chairman, the full- time staffing establishment is seen on page B-39, at o $34,000 minor overall decreases in an effort to be more efficient where the very bottom of the Budget Book page there. And possible; this includes posts in the London and the Washington, • The next line item, Rentals—a decrease of DC, offices, and it is 33, up from the original estimate $40,000, or 4 per cent, to account for the re- of this year of 31. And that change in numbers, Mr. duction in rents paid by the DC Office; Chairman, is due to the following three things: • Repair and Maintenance—a small increase of 1. a reduction of one post, resulting from one $4,000, or 3 per cent, to account for antici- person taking advantage of the voluntary retirement pated repairs as equipment ages. This programme in General Administration; amount was transferred from the Sustainable 2. an increase of four posts from Policy and Development Department; Strategy, namely, the transfer of staff from the Sus- • Energy, Mr. Chairman—a decrease of tainable Development Department; and $33,000, or 23 per cent, in an effort to be 3. a reduction of one post from Public Access to more efficient and, obviously, with lower en- Information, representing the freezing of the director’s ergy prices, there is a knock-on effect; post. • Materials and Supplies—an increase of $8,000, or 6 per cent, to account for costs that Output Measures, Mr. Chairman—the Cabinet were transferred from the Sustainable Devel- Office’s Output Measures are shown on pages B-40 to opment Department; finally, B-41. Members can review them on those pages. Major achievements, Mr. Chairman—at this • Other Expenses—a reduction of $47,000, or juncture, I am delighted to have the opportunity to go 35 per cent. This relates mostly to hospitality through some of the achievements in each cost centre [costs] relating to events managed by the Pro- listed on page B-38. First, let me start with General tocol Office and [shows] our need and desire Administration. The 2015/16 allocation for General to be as efficient and productive as possible. Administration covers the cost of advisory, administra-

tive and other support services to the Office of the Mr. Chairman, in regard to Capital Expendi- Premier: arranging Cabinet meetings, appeals to the ture, the total estimate for Capital Development Ex- Cabinet, liaison with Government House on treaties, penditure for 2016/17 can be found on page C-4 of international conventions, deportations and high-level the Budget Book under Capital Development, which is visits; oversight of performance across all ministries Schedule B. The total amount allocated for capital and departments; publication of government notices expenditure is $500,000. This capital is allocated to and statutory instruments; and conduct of civil service the much-needed renovation of the Cabinet Building. disciplinary matters. Mr. Chairman, I am sure you and honourable col- Mr. Chairman, I will take a few moments to leagues in this Chamber, and certainly in the other deal with public service reform. Honourable col- place, are well aware of the need to improve certain leagues will recall the Public Service Reform initiative parts of the building at the Cabinet Office, with the that serves as an implementation platform for those windows being very faulty, with leaks as we saw—I SAGE recommendations that the Government has think it was three years ago during the Throne Speech accepted. The aim of this initiative is to create greater when we had that downpour of rain and the roof al- operational efficiencies and to reduce costs in Gov- lowed a lot of water to come in through during the ernment, where possible. Throughout the course of Throne Speech. this Budget Debate, Mr. Speaker, honourable col-

Bermuda House of Assembly 940 2 March 2016 Official Hansard Report leagues will learn more about public service reform opment of a suite of 96 Human Resource policies de- achievements to date and plans for the next fiscal signed to standardise human resources across the year. entirety of Government. In furtherance of this reform A key aspect of the Government strategy in initiative, Mr. Chairman, this project group has com- this regard is the establishment of project working pleted modern policy frameworks to address employ- groups, which have been constituted—with detailed ment issues. Sick leave, drug and alcohol and disci- terms of reference, I might add, Mr. Chairman— plinary polices are currently in the consultation phase, around critical initiatives. Through the utilisation of and at least six other Human Resource policies are working groups the initiative has the benefit of the awaiting review. broadest consultation with stakeholders, while main- Mr. Chairman, the next group is the Pension taining disciplined policy development and the meas- and Benefits Working Group. The role of this working urement of results. group is to review and recommend changes to the Five working groups, Mr. Chairman, have Ministers and Members of the Legislature Pension been established and are actively working towards Fund, the Contributory Pension Fund, the Public Ser- implementation of strategic actions to achieve our ob- vice Superannuation Fund, and the Government jectives. Health Insurance Plan (including preretirement bene- Of the five working groups, first, Mr. Chair- fits) that shall be responsible and fair to both the indi- man, is the Public Bodies Reform Working Group. vidual beneficiaries, other members of the plans and, The role of this working group is to conduct, in of course, the Bermuda taxpayers. furtherance of the Government’s mandate to create The working group has considered a substan- operational efficiency, a functional review of the public tive review of the Contributory Pension Fund, Public service and to consider future service delivery models. Service Superannuation Fund, and the Government To this end, two subgroups have been established, Health Insurance Plan; proposed amendments to the the Functional Review Subgroup, which has already Pension Increase Act 1972 with respect to the cost of completed its initial review of government services living increase; and advanced recommended premium and is now working towards restructuring initiatives; increases related to the Government Health Insurance and the Public Bodies Reform Bill Subgroup, which Plan. has reviewed the Bill and advanced its recommenda- Mr. Chairman, the fourth working group is the tions for consideration. Asset Rationalisation Working Group. The role of this Mr. Chairman, the second group is the Human working group is to create higher-level oversight for Resource Working Group. The role of this working the management of the Government’s property as- group is to create a more efficient government human sets. Property assets are, of course, an essential re- resource platform. The Government is the single larg- source that enables the Government to provide ser- est employer in the Island, accounting for 14 per cent vices throughout our community. The working group of the overall working population. Human capital costs has already drafted the property asset management related to salaries, wages and staff overheads ac- component of the plan to address the effective man- count for a significant portion of all of Government’s agement of the Government’s real estate. The Gov- expenditure. This working group has recommended a ernment portfolio of lands and buildings has a critical forward-looking human resource strategy, which has role to play in driving efficiencies, reducing the costs been developed to enable transformational changes in of Government, and ensuring, at all times, value for key areas. The areas initially involved shall improve money. organisational structure and Human Resource policy Six subgroups have been constituted to com- and legislative frameworks to enable a competent and plete the work across the asset classes, to include IT; engaged public service, Mr. Chairman. Bridges, Roads and Docks; Plant and Equipment; and The Organisational Structure Subgroup en- Fleet and Furniture. gaged the advisory services firm of Deloitte to assist And finally, Mr. Chairman, the Digitisation of with the development of a Human Resource opera- Services Working Group. The role of this working tional structure which would simplify, and it important group is to manage the transition of information and to note, Mr. Chairman, standardise the delivery of services which are currently provided by the public Human Resource services. It would also improve the service, from manual to online methods. Initial em- effectiveness of Human Resources, treat employees phasis was placed on the completion of the portal pro- and processes equitably across all government de- ject, Mr. Chairman. The working group shall replace partments, and increase operational efficiency. The the Government’s current information portal, which will operating model has been accepted, and a proposed support the deployment of web-based communication organisational structure is now being considered for to internal and external clients of the government, and implementation pending consultation and approval. also to provide a stable and secure platform for the Meanwhile, Mr. Chairman, the Policy Sub- future delivery of online transactions. Mr. Chairman, it group completed a detailed review of Human Re- is anticipated that the new portal will go live on source policies and secured approval for the devel- April 1st. Bermuda House of Assembly Official Hansard Report 2 March 2016 941

Mr. Chairman, it is very clear that the Gov- ing that the Government’s mandate is carried out by ernment is working to reform the public service, and I providing sound well-thought-out policy. Mr. Chair- hope the overview shared today provides a snapshot man, normally using a five-day turnaround time, the of achievements to date and the work in progress. CPU provided one-on-one service to ministries in- And I will endeavour to keep this Honourable House volved in developing policy proposals. This increases and the members of the public up to speed as we con- the potential for the development of policies that are tinue to progress on this very important topic. I would not only well thought out, but also sustainable into the like to take this opportunity to thank all of those in- future. volved in guiding this through the various working In the main, Cabinet memoranda provide an groups. It is a pleasure to see so many people work- explanation of proposed Government policy. Thus, it ing together to make progress against the backdrop is important that Cabinet memos are well-written, pre- that it is a mammoth task in all of these areas. cise and clear, and offer sound options. To that end, Mr. Chairman, I will now devote some atten- over the past fiscal year, the CPU has directly trained tion to Protocol and Hospitality. The Protocol and 31 civil servants from various departments on the writ- Hospitality team plays a leading role in arranging ing of appropriate Cabinet memos. The training pro- ceremonial functions including the presentation of the vides several practice opportunities to ensure that all Throne Speech, the Remembrance Day ceremony, participants understand the mechanics of writing official dinners and receptions at Camden, and facili- memos and recognise the implications of their pro- tating VIP delegations and visitors upon arrival and posals as presented, Mr. Chairman. departure at the L. F. Wade International Airport. The Another function of the CPU is to ensure that team is also responsible for managing the operation of due process has been followed with those policy pro- Camden, the Premier’s official residence. posals which are, in fact, presented to Cabinet. To The Policy and Strategy Section, Mr. Chair- that end, during the past fiscal year, the CPU re- man. I am pleased to announce the merger of two viewed in excess of over 300 Cabinet memoranda entities, as I referred to earlier in this budget prepara- that were submitted for Cabinet’s consideration. tion, the Central Policy Unit [CPU] and the Sustain- Where appropriate, the CPU has recommended that able Development Department [SDD], as of April 1st, more research be undertaken, that other policy op- 2016, in the new section, Policy and Strategy. As a tions be considered and, in some cases, that more result of the Government’s Management Consulting consultation take place before presenting the Cabinet Section’s Functional Review, and because of similari- memo. ties in their aims and objectives, a recommendation The CPU has collated lists of initiatives articu- has been made and, of course, accepted that the lated in the 2015 Speech from the Throne, thereby CPU and the SDD should merge to create a single allowing both the Government and the Secretary of unit focused on both strategic planning and policy de- the Cabinet to more readily track progress of those velopment in support of the Government. commitments to the public. While the merger of the two entities, Mr. Mr. Chairman, Bermuda is often asked to re- Chairman, will not necessarily at this point result in spond to requests for information from international staff changes, it is, however, expected to achieve effi- organisations. Over the past year, the CPU coordi- ciency in our service delivery. It will commence in ear- nated Bermuda’s responses to the United Nations, the nest during the upcoming financial year and be com- International Labour organisation, and other interna- pleted well before the end of this calendar year. This tional conventions to which Bermuda is party. Particu- will also mean a reduction in the number of Govern- lar documents on which the CPU has worked in- ment departments. I will discuss the further role of this cluded: new section; however, I would be remiss if I did not 1. The UN International Convention of Civil and take this opportunity to announce some of the Political Rights; achievements of the two departments during Fiscal 2. The Convention for the Elimination of all forms Year 2015/16. of Racism; And first, I will deal with the Central Policy 3. The UN General Assembly document: Special Unit (CPU). Mr. Chairman, the CPU provides advice Committee on the Situation with regard to the on current or emergent proposals to the Secretary to Implementation of the Declaration on the the Cabinet and, of course, the Premier. It develops Granting of Independence to Colonial Coun- and, in some cases implements, policy initiatives. tries and Peoples, which is more commonly More specifically, the CPU assists with the coordina- known as Article 73; tion of policy proposals across the Bermuda Govern- 4. The UN International Convention on Eco- ment and identifies, explores and considers the wider nomic Social Cultural Rights; and implication of these proposals. 5. The UN Convention on the Rights of the Although the CPU is not considered as a Child. revenue-generating unit for the Cabinet Office, it cer- tainly is of value and provides a critical role in ensur- Bermuda House of Assembly 942 2 March 2016 Official Hansard Report

Mr. Chairman, in addition to carrying out its The temporary legal consultant assisted with core role of support to the Premier and the Secretary a number of specified tasks, which include assisting to the Cabinet, the CPU has spent a significant portion the team with conducting a review of the existing leg- of the year working assiduously to guide Government islative scheme, assisting with the preparation of brief- public authorities to the successful launch on April 1st, ing notes, Ministerial Statements and drafting instruc- 2015, of the Public Access to Information (more com- tions, and providing advice to the team pertaining to monly known as PATI) regime. Although more will be categories of information to be released under the Act, said, Mr. Chairman, in my comments specific to PATI, and associated matters. it should be noted that the unit’s staff, assisted by two Mr. Chairman, now that PATI is in place, we officers seconded from other Government depart- have found that, given the complex nature of some of ments and one legal consultant, crafted an implemen- the work, the requests to which public authorities must tation plan for Bermuda and, using that as the frame- respond have to be dealt with in the appropriate way. work, provided training on the fundamentals of PATI It is still necessary to have in place a resource that to more than 200 representatives from public authori- can advise information officers on any legal issues, ties. We are pleased that Bermudians and residents of which must be taken into consideration while we craft Bermuda have embraced what is indeed a new way of our responses. To that end, we will retain the services doing business. of the temporary legal consultant until at least the end Mr. Chairman, last year, I noted that the value of the current calendar year 2016. brought by the CPU to the Government was undeni- In conclusion, Mr. Chairman, the transition to able and, in fact, that its role was supported by both PATI has been a relatively smooth one, and I am con- the SAGE Commission and other reviews of the civil fident that we will move from strength to strength. I service. Its value and delivery will only be enhanced would like to again take the opportunity to thank the by its merger with SDD. team and all Government employees for their atten- Mr. Chairman, I will now turn my attention to tion to a most important project. I think it has been Public Access to Information, or line item on page B- implemented a lot more smoothly than many people 38 of 19050. As of April 1st, 2015, Bermuda joined expected, and it has really made Government more more than 100 countries around the world when it open, transparent and accountable. And I think that is successfully launched the local PATI regime, which something that everyone in this Honourable House now provides a statutory right for people to request should be proud of, Mr. Chairman. and obtain information held by public authorities. I will now turn my attention to Sustainable De- Residents can increase their understanding about velopment. The Sustainable Development Department how Government operates by virtue of being able to is measured by the number of policy proposals that ask for and to receive information to which they might are submitted for ministerial consideration. These not otherwise have been able to access. In Bermuda, proposals include those from the Sustainable Devel- the Public Access to Information Act 2010, taken to- opment Roundtable (or SDRT), the advisory board to gether with the Public Access to Information Regula- the Minister on issues of sustainability for Bermuda tions 2014, outline how the access regime is intended and our people. These SD-compatible proposals are to operate. developed and proposed to enhance our social, eco- Mr. Chairman, the design and plan for the full nomic and environmental sustainability. implementation of PATI was successfully executed by The SDRT identified Strengthening Families the CPU, which is staffed by Policy Analysts, Mrs. Ma- as a core strategy to support the success and healthy risa Sharpe and Mrs. Alberta Dyer Tucker; and Junior sustainability of Bermuda and its people. Financial Policy Analyst, Mr. Gilbert Rowling; together with sec- stability, nurturing relationships, and quality support ondees Mrs. Nicole Simons, from the Department of systems are required for strong families. These are Archives; Mr. Richard Hazelwood, from the Bermuda exemplified by affordable housing, financial stability, Post Office; and temporary legal consultant, Mrs. strong neighbourhood institutions, safe streets, sup- Kathy Lightbourne Simmons, who has done a tre- portive social networks, and an environment that pro- mendous job, as all of them have, Mr. Chairman. motes community and strengthens the bonds within The combined group, known as the PATI Im- and between families. The SDRT recommended an plementation Team, reviewed the PATI legislation, integrated national plan to strengthen and support recommended amendments to both the Act and the these key elements. Regulations, made presentations to several public The roundtable produced a position paper ad- authorities about PATI, and responded to operational vocating for a National Water Strategy, written in part- questions and concerns. Simultaneously, the team nership with the Department of Works and Engineer- designed a comprehensive curriculum focused on ing, Water and Wastewater Section. The Ministry of theoretical and practical aspects of PATI in Bermuda Public Works has taken the lead in this initiative and is and used the curriculum to train more 200 persons, in the process of creating a 25-year Water and Waste the vast majority of whom were the PATI information Water Servicing Plan for St. George’s Parish. officers representing the various public authorities. Bermuda House of Assembly Official Hansard Report 2 March 2016 943

A policy proposal for a National Food Strategy sion recommendations. Next Steps for action are de- advocates for a more secure food system for Ber- termined, and ministerial leads have been proposed. It muda. This proposal, Mr. Chairman, identifies ways to is anticipated that, after further consultation, imple- increase the availability, accessibility, and the con- mentation of this work could be realised in the sumption of affordable, nutritious food. The recom- 2016/17 Fiscal Year. mendations encourage reducing the reliance on im- The recommended priority for action is based ported food, supporting greater local production and on four factors: creating healthier food environments to support the 1. Ease of implementation: Given the magnitude necessary healthier lifestyles. of change occurring and planned for the foreseeable In addition, the roundtable and the department future, it is important to address some of the less- are contributing to the Legacy and Sustainability complex issues to demonstrate both commitment to Committee of the ACBDA [America’s Cup Bermuda], change and efficacy of the process; serving on the committee and assisting in developing 2. Logical progression of changes: Each rec- guidelines for a sustainable event and ensuring legacy ommendation, Mr. Chairman, has a varying effect on benefits for Bermuda are going to be realised. other programmes. As an example, it was determined The SDD has begun the development of a that structural changes needed to be completed be- policy framework for climate change adaptation and fore business process improvement recommendations mitigation strategies in response to anticipated begin, and therefore the level of priority is affected; threats. Mr. Chairman, addressing the impacts of cli- 3. Magnitude of a probable impact: All recom- mate change is one of the greatest challenges of the mendations, Mr. Chairman, are not equal. Some rec- twenty-first century. Small island states are particularly ommendations seem to have a far-reaching effect, but vulnerable to the interconnected economic, social and the actual cost-savings or efficiencies to be realised environmental pressures of these impacts. A multidis- do not warrant large-scale upheaval in the process; ciplinary group of government, private and nongov- and finally ernmental representatives has been established to 4. Work currently underway: A significant num- assist with this policy development. Mr. Chairman, I ber of recommendations are either already in process, am sure you are well aware of many media reports Mr. Chairman, or are related to work that is planned through many sectors of the world where leaders are and, as such, should be completed before additional talking about climate change in our future. This is work is started. something that creeps up on us very quickly and something that we need to pay attention to. So I am Mr. Chairman, during the course of the de- pleased to see that there is some focus in this area. bate, details of much of the work already in progress Mr. Chairman, Management Services, line will be shared. Some of the work includes, but is not item 19055. Taking into consideration the unprece- limited to, the following: dented economic challenges that we face, the Man- • Transitioning of the Departments of Maritime agement Consulting Section assisted ministries and Administration and Civil Aviation to authority departments with delivering better service to the pub- models; lic and achieving public value for money. Mr. Chair- • Reorganisation of the Department of Marine man, I will repeat that: the Management Consulting and Ports with a recommended organisational Section has assisted ministries and government de- structure that will address overtime expendi- partments with delivering better service to the public tures and support efficient public service; and achieving public value for money. • Dissolution of the Department of Human Af- Furthermore, in accordance with the mandate fairs and the transfer of the functions to the of the Public Service Reform Initiative, Mr. Chairman, ministry headquarters; and the Management Consulting Section has completed a • Amalgamation of the Department of Conser- functional review. The review advanced the SAGE vation Services and the Department of Envi- Commission recommendations to review duplicate ronmental Protection to form the Department services in government departments. The purpose of of the Environment and Natural Resources. that functional review was to identify functions that are: Mr. Chairman, I now turn my attention to 1. duplicated across the Bermuda Government [page] B-38, the London Office, line item 19035. The and could be consolidated or rationalised; London Office is the official consular representation of 2. redundant and should be discontinued; and Bermuda and the Government of Bermuda in the UK. 3. considered inappropriate and should be trans- The office continues to provide service to the Gov- ferred to an appropriate institution, body, en- ernment by maintaining relationships with the UK terprise or organisation. Government, particularly through increased engage- ment with Departments of Her Majesty’s Government The functional review’s recommendations (HMG) across Whitehall while working in cohesion have been compared to the related SAGE Commis- Bermuda House of Assembly 944 2 March 2016 Official Hansard Report with governments of the Overseas Territories on 1. European Regional Funding by which the shared policy across the territories. European Commission supports the efforts of OCTs to The London Office is also responsible for en- position themselves as regional hubs in services such gaging with both Houses of Parliament, the UK Dip- as higher education, health care, commerce, transpor- lomatic Corps such as embassies and high commis- tation, shipping, logistics, communications, and scien- sions; the United Kingdom Overseas Territories [As- tific research, by encouraging private investment from sociation]; the Commonwealth Secretariat, along with EU-based companies and financial backing by the all UK-based commonwealth associations; Bermudi- European Investment Bank and local financial institu- ans living in the UK, including students; the general tions in these sectors; UK public, to include private companies; and civil so- 2. European Horizontal Thematic Programmes cieties and those who have a general or vested inter- as they relate to the Overseas Association Decision, est in Bermuda. Mr. Chairman, the London Office con- based on priorities set in partnership with the Euro- tinues to operate a satellite office for the Department pean Commission and the OCTs. of Civil Aviation and the Department of Maritime, until such further notice. Mr. Chairman, the London Office continues to The primary function of the London Office for provide a consular service to Bermudians living and the Fiscal Year 2015/16 was to manage the reputa- studying in the UK and Europe. The assistance pro- tional risk of Bermuda’s financial services industry in vided by the London Office for the period of 2015/16 the UK and Europe to uphold our global competitive related to guidance to students; medical emergencies; standard. The UK Government, Parliament, and UK- social and family issues (homelessness and child wel- based NGOs continue to apply political pressure, Mr. fare); criminal proceedings in the UK; Bermudian Chairman, to governments of the Overseas Territories deaths; and, of course, immigration issues. for greater access to our Government-held Central I will now turn my attention to line item 19045 Register of Ultimate Beneficial Ownership. The Lon- on page B-38, the Washington Office. Mr Chairman, don Office, alongside the very capable Ministry of Fi- the Washington Office of the Government of Bermuda nance, has managed the Government’s engagement in DC was established in September of 2009, gener- on this matter. It is the Prime Minister’s ambition to ally to strengthen relationships with the United States ensure that Britain and its territories lead by example public and private sector. The Washington, DC Office to uphold corporate governance in greater transpar- has served as a full-time liaison to US congressional ency and fair global systems. And we in Bermuda members and staff since May 2010. Areas of interest have always supported that approach. I can assure remain, but are not limited to, taxation and protection the public that the Government has continuous dia- of the insurance/reinsurance industry, promotion of logue and briefings with UK ministers and officials Bermuda’s tourism sector through its linkage with the who have a vested interest in Bermuda’s reputation as Bermuda Tourism Agency offices in both New York a global financial player. and Bermuda, and the general promotion of Bermuda Mr. Chairman, the London Office is also re- as an international business centre. To that end, Mr. sponsible for ensuring that the commitments made by Chairman, the Washington, DC office completed the the UK Government and governments of the Over- following: seas Territories in the 2015 Joint Ministerial Commu- • Based on best practices, defined the role of niqué are fulfilled alongside this Government’s the Washington, DC Office and developed a agenda. plan to execute on Bermuda’s key strategic In January 2014, Mr. Chairman, Bermuda be- objectives; came signatory to the Overseas Association Decision • Ensure/protect Bermuda’s status as a friendly (or OAD), which manages the relationship between global partner; the European Commission and the Overseas Coun- • Establish global relationships that create trade tries and Territories (or OCT) on relevant matters partnerships, cultural exchange, foreign direct within the European Union. The London Office is re- investment and travel/tourism opportunities; sponsible for Bermuda’s engagement under the OAD. • Create a structure to support Bermudians and The purpose of that engagement is to share in best Bermuda-based businesses in key overseas practice of how each OCT creates sustainable devel- markets; opment through participating in EU partnerships and • In addition, the Washington, DC, Office has adding value to its economic development through further developed key messages for Bermuda innovation, competitiveness and green growth. Shar- that reflect Bermuda’s diplomatic, tax, trade, ing of these values, Mr. Chairman, provides OCTs cultural and social policy positions; with a special relationship within the EU. The London • Were invited to and attended quarterly meet- Office will continue to engage with the European ings with G20 Embassies in Washington, DC; Commission and advise the Government [on access • Engaged as a member of the Board of Direc- to] the following areas: tors for the Foreign Trade Commissioners As-

Bermuda House of Assembly Official Hansard Report 2 March 2016 945

sociation and attended meetings, conferences Secretary to the Cabinet and the Deputy Head of the and receptions in regard to this entity; Civil Service, the new form of the public service has • Assisted and participated in various tourism- begun to take shape. related items such as the Gunpowder Plot se- Commission of Inquiry, Mr. Chairman. Hon- ries, in addition to being a pivotal contact for ourable Members will recall that, in a press confer- th the final event, which was held in Bermuda in ence on December 29 , I announced Government’s August of last year, Mr. Chairman; intention to establish a Commission of Inquiry to in- • On a monthly basis, the DC Office attends vestigate the findings of the Auditor General’s Report meetings with US senators, congressman, on the Consolidated Fund for the Financial Years staffers and congressional committees, in par- 2010, 2011 and 2012. At the time, I stressed Govern- ticular: ment’s grave concern with the report’s findings—a o official visits which the Premier or concern that has been echoed throughout the com- Ministers might make to Washington, munity. The report described serious problems of ac- DC; and countability and control in the administration of the o meetings and communications with public purse. Senate Finance Committee regarding The most serious area of concern was Gov- ongoing investigation for considera- ernment’s failure to obey its own Financial Instruc- tions of Bermuda companies; tions, which exist to impose financial controls consis- • The DC Office also participates and has par- tent with international best practice, and uphold prin- ticipated in receptions for Mexico and Ber- ciples of accountability, value for money, fairness and th muda businesses hosted by the Mexican transparency. Last Wednesday, February 24 , Mr. Consulate General in New York; Chairman, I announced the members of the commis- • Provided ongoing research and monitoring of sion. They are: legislative and public policy developments, not • Commission Chairman, Sir Anthony Evans; only in the US, but Canada, Mexico, Latin • Lawyer, the Honourable John Barritt, JP; America, and Asia, and has done so in light of • Businessman, Mr. Kumi Bradshaw; and budgetary constraints; • Businesswoman, Ms. Fiona Luck. • The DC Office has also identified target mar- • kets and sectors for further trade, cultural The commission will start its work on April 1st. tourism, education and social opportunities Before then, the commissioners will be sworn in and with a focus on: take an oath under the Act. The commission will oper- o more than 80 nations with our TIEAs, ate under the following terms of reference, Mr. Chair- Mr. Chairman; man: o existing trade policy/MOU opportuni- • Identify breaches of Financial Instructions and ties; how they arose; o further enhanced communications • Consider the adequacy of safeguards and the and media relations activities as part system of accountability; of public policy information and edu- • Make recommendations to prevent recur- cation efforts; rences and to mitigate financial, operational, • Foster communication and develop areas of and reputational risks; mutual interest in trade, cultural, tourism, edu- • Refer any evidence of possible criminal activ- cation and social policies, [engage in monthly] ity which the commission may identify to the correspondence and attended bi-lateral meet- Director of Public Prosecutions and the police; ings with embassies in DC; and • Hosted the very successful Bermuda Day Re- • Draw to the attention of the Minister of Fi- ception; nance and the Attorney General any scope • Organised the official celebration of Cup which the Commission may identify under the Match abroad, with an educational lecture by Public Treasury Act, including Financial In- Dr. Clarence Maxwell; and structions and Civil Asset Recovery. • Acquired an unpaid intern for the 2015 sum- mer to assist with various office projects, Mr. Chairman, the Government has great con- events and social media. fidence in the commission’s ability to fulfil its mandate as outlined in these terms of reference, and we have Mr. Chairman, plans for the upcoming year. I taken care to ensure its independence throughout the will now identify those plans for the 2016/17 budget whole process. year by cost centre: Mr. Chairman, I turn to the Policy and Strat- First, General Administration/Head Office. The egy Section. This new Policy and Strategy Section main focal area for the Head Office continues to be has been charged with the following mandate: public service reform. Under the leadership of the Bermuda House of Assembly 946 2 March 2016 Official Hansard Report

1. Planning and coordination of public policy outreach efforts on various areas that measure social, across the Government; environmental, and economic trends across the Is- 2. Coordination of strategy development for the land. A mixed-media approach will be used to reach Government; various populations of our community. 3. Standardisation and integration of policymak- Mr. Chairman, the SDD will continue to ad- ing through the development of criteria and vance the policy framework on a response to the an- collaboration with policy analysts within minis- ticipated threats of climate change to address local tries; financial, environmental, and social risks to the Island. 4. Training of the Civil Service Executive (CSE) Winter storms, droughts and heat waves have always and policy analysts across the Government in occurred, but it appears the increased frequency and [public] policymaking that is standard across intensity of these extreme weather patterns are evi- the whole of Government; dent worldwide. I am sure all Members can recall the 5. Creation of a National Development Plan for double blow of Hurricanes Fay and Gonzalo in 2014. Bermuda; Extreme weather patterns, like the prolonged summer 6. Creation and the maintenance of a repository rainfall in July of 2015 and, of course, the massive of all documented Government policies; snow blizzard that just took place in January in North 7. Establishment of steering committees for spe- America, have affected our agricultural, tourism and, cific strategic high-impact cross-ministerial indeed, shipping sectors. Continual events like these projects and programmes identified by the will, of course, negatively affect our infrastructure, Civil Service Executive; and human health, and overall well-being. 8. Monitoring the implementation and impact of In this regard, Mr. Chairman, for the upcoming public policy. year, the department will identify and prioritise the relevant issues that Bermuda needs to begin address- Mr. Chairman, an integrated process frame- ing. Education and conversations will take place in the work for policy- and strategy-making has been pro- community and throughout all levels of Government. duced and will serve as a guide for this team. The im- Existing programmes, policies, and documents will be plementation of the new structure will take some time, examined for all relevant actions in response to the as the team will first be required to follow the five anticipated threats of climate change. The SDD will steps that I will list now: continue to conduct sustainability impact assessments 1. Develop job descriptions and implement or- on large developments and provide a valuable advi- ganisational structure with the Department of sory role on proposed projects that are important to Human Resources; progressing the Government’s agenda. 2. Cross-train the staff within the section; The Sustainable Development Roundtable, 3. Develop Vision and Strategic Objectives to be Mr. Chairman, welcomes a few new members for approved by the Civil Service Executive; 2016 and looks forward to strengthening their profile 4. Communicate the revised mandate across the through educational awareness, as well as continuing Government; and to provide sound policy advice to the Premier for con- 5. Develop new working practices, training plan, sideration. The development of the ACBDA sustain- procedures and systems to support new stra- able event guidelines and legacy benefits will continue tegic objectives and performance measures. through 2016, as well as the exploration of other ar- eas of interest and national importance. These in- During that time, Mr. Chairman, the team will clude, of course, an ageing population and the role of also continue to work on the following initiatives: education and training in strengthening stability and PATI—the officers will continue to provide preparation for the future. training and guidance to public authorities, particularly Mr. Chairman, I turn my attention now to for complex requests. As you can imagine, some of Management Services. During 2016/17, the Manage- the requests will be pretty easy run-of-the-mill things ment Consulting Section will play a critical role in as- that can be researched, but some of them will be quite sisting the Bermuda Government with meeting its pub- complex, and so we must get them right. lic service reform goals. Thus, the Management Con- We will also work on sustainable develop- sulting Section will continue to focus on public service ment. The Sustainable Development Department, in reform while carrying out its mandate with a view to fulfilling its mission and objectives, seeks to build on delivering increased benefits in terms of efficiency and the efforts of this past year—strengthening aware- effectiveness of the ways in which public services are ness, embedding the principles of sustainability in de- performed and delivered. Therefore, the Management cision-making, evaluating initiatives through the lens Consulting Section will engage in work to achieve the of sustainable development, and reporting on the pro- following four points: gress of measures that indicate our movements to- • standardisation of department size and the wards sustainability. The Sustainable Development dissolution of unnecessary department struc- Department will continue its public awareness and tures; Bermuda House of Assembly Official Hansard Report 2 March 2016 947

• the advancement of business process im- and leadership of the entire public service emanates provements to, of course, improve efficiency; from the Cabinet Office. We understand our responsi- • the consolidation of high-cost services; and bility for good governance and leadership, particularly • the development of any potential alternative during these challenging times, and we take that re- models of delivery. sponsibility seriously. In closing, Mr. Chairman, for Cabinet Office, Mr. Chairman, the Washington, DC, Office. In Head 9, I would like to express my appreciation to all 2016/17, based on its research and guidance, the DC of the individuals who comprise the team at the Cabi- Office will continue its efforts to establish a fully effec- net Office for their unstinting dedication and service. tive overseas representative office that is primarily Given the nature of their work, many of them are focused on the United States, Canada and Asia, with called upon around the clock and respond without a strategic plan and targeted objectives that are driv- hesitation. Without them, we could not have achieved ing diplomatic, policy, business, cultural and social the success that we have enjoyed. connections on behalf of the Government and to the Mr. Chairman, I will close by just remarking a benefit all people of Bermuda. Where possible, the bit on the dedication of individuals whom I have found DC Office will focus efforts on advancing treaties, in the Cabinet Office, and indeed throughout the civil MOUs and agreements that will further Bermuda’s service. And while we talk a lot about public service economic and social progress, enhance its reputation, reform, it is very clear to me that there are countless attract talent and generate support for the jurisdiction. individuals within the civil service who do a tremen- These efforts will include: dous job day and night. And I am indeed gratified by • Ongoing diplomatic engagement on a regular the attention to detail in the work that takes place, be- basis in DC and New York, as well as other cause not a moment goes by in which I send a mes- key regional markets, as appropriate. This will sage that I will not get a reply, no matter what time of be done through the executive and legislative day or night. People realise, I think, that the business branches in the US: of government with a 24/7 responsibility, and there are many in the civil service who take that responsibility o Executive, through the Department of State Department, Department of seriously and do a good job, and I would like to thank Commerce and, of course, the De- them for their good work under very difficult, challeng- partment of Treasury; ing conditions.

o Legislative, through the Senate Fi- nance and House Ways and Means HEAD 14—DEPARTMENT OF STATISTICS Committees, Senate Commerce and House Energy and Commerce Com- Hon. Michael H. Dunkley: Mr. Chairman, the second mittees, Senate Committee on For- head that the Opposition has requested to debate in eign Relations, and House Committee the Cabinet Office today is the Department of Statis- on Foreign Affairs; tics, Head 14. You can find it on page B-42 of the • Continuing work with the US consulates and budget brief. And I take great pleasure in giving an embassies of all countries that we have TIEAs overview of the Department of Statistics. with, including North America, Latin America, The mission of the Department of Statistics, and Asia; Mr. Chairman, is mandated to collect, process, ana- • Continuing engagement with key associations lyse, and provide a body of statistical information that with the US Chamber of Commerce, the Na- is timely, accurate, relevant, and reliable for dissemi- tional Foreign Trade Council, and the Foreign nation to the Government and to the general public. Trade Commissioners Association; The department seeks to fulfil its mandate by deliver- • Continuing quarterly G20 group of embassies ing sound, quality data that align with international meetings; standards and best practices, to facilitate a culture of evidence-based decision-making and policies and • Ongoing support for Bermuda citizens and programmes. businesses by providing additional support An expenditure overview, Mr. Chairman. As where it is required; and noted on page B-42, the Department of Statistics has • Strategic communications materials and me- been allocated a budget of $4,137,000 for the Fiscal dia relations support including collateral mate- Year 2016/17. This budget is $1,582,000 more than rial development such as press releases, the current financial year, reflecting a 62 per cent in- speeches, presentations and social media— crease. And I will outline the reasons for that increase and do all of this in light of the budgetary con- as I go through this budget Head. straints that all departments have. Honourable Members are reminded of my

Ministerial Statement delivered just a few weeks ago, Mr. Chairman, the Cabinet Office is the heart th on February 12 , in the House, where I announced of the Government. For the Government to be effec- th the tabling on February 19 of the Bill entitled Statis- tive, the Cabinet Office must be effective. The culture Bermuda House of Assembly 948 2 March 2016 Official Hansard Report tics (Census of Population and Housing) Order 2016, 2016 Census by various media. The Department of which we passed on Monday night. Statistics has partnered with the Department of Com- Mr. Chairman, section 5(1) of the Statistics munications and Information to launch the census Act 2002 mandates that “a census of population and publicity campaign. The monies budgeted for next housing in Bermuda shall be taken in the year 2010, year will cover the cost of the intense advertising and from time to time thereafter as the Minister may through the electronic and print media. And I am sure by Order direct.” Census Day has now been set for we are all in agreement that this is most necessary so May 20th, 2016, and the 2016 Census data collection we can collect the information and collect accurate period will be conducted from May 21st, 2016, through information. the end of the year, to December 31st, 2016. This Line item Professional Services, an increase census, as I have explained before, will introduce the of $853,000. This budget is allocated to the cost of launching of the first census under the revised legisla- census interviewers to supplement the online data tion allowing for censuses to be scheduled sooner collection strategy for the upcoming 2016 Census. In than the historical 10-year period. anticipating the need for these additional resources, More frequent censuses, of course, would al- the Department of Statistics will train temporary cen- low for the Government and other stakeholders to sus workers, commencing in May of this year, Mr. make policies and decisions based on more current Chairman. This money will remunerate the census information. As such, Mr. Chairman the $1,582,000 workers after they have completed successfully the increase in budgeted monies is directly attributable to census questionnaires. The information collected will the costs associated with the execution of the 2016 provide an assessment of the socioeconomic land- Census of Population and Housing. scape of Bermuda, which can provide evidence-based Mr. Chairman, The changes in the estimated data for charting the way forward; budget are explained as follows: Next line item, Rentals, Mr. Chairman, an in- A decrease of $6,000 in salaries, Mr. Chair- crease of $78,000, or 36 per cent, set aside for rental man, which you will find on page B-43, line item 1. expenditure. The need to rent facilities for the 2016 This decrease represents savings resulting from not Census are factors attributed to this increase. filling one vacant permanent post, at a savings of The next line item, Repair and Maintenance, a $86,000, in order to meet the department’s budget reduction of $3,000, or 8 per cent. This is directly at- ceiling reduction. Part of the reduction was offset by tributed to a negotiation of a more efficient cleaning two items: (1) the anticipated overtime, at a cost of services contract. $74,000, for the training of temporary census person- Line item, Materials and Supplies, an increase nel and the supervision of 2016 Population and Hous- of $67,000, or 94 per cent. The major increase in this ing Census temporary staff to ensure quality assur- is in regard printing costs, Mr. Chair, associated with ance, which is necessary; and (2) the acting pay of the 2016 Census. $6,000; The next line item, Equipment, an increase of An increase in wages of $197,000. This is a $4,000, and this is to do with the equipment of fixtures result of the need to hire temporary staff to assist with and furnishings for the 2016 Census as we conduct it. the conduct of this 2016 Census. The temporary cen- Mr. Chairman, I would like to turn briefly to sus personnel will edit and code questionnaires and Capital Expenditure. If we look at the Capital Acquisi- conduct quality checks. tion for the Department of Statistics on page C-8, to- A decrease of $5,000, or 38 per cent, in wards the back of the Budget Book, an amount of Travel. During the past fiscal year, officers in the de- $17,000 has been apportioned in this year’s budget. partment benefitted from their travel costs being These monies will be used for the upgrade and the funded primarily by the Caribbean Regional Technical replacement of the department’s photocopier, which of Assistance Centre (or CARTAC) and the United Na- course, is vital in the 2016 Census, and generally tions [Economic] Commission for Latin America and critical to the work of the Department of Statistics. the Caribbean. It is anticipated that this type of fund- Mr. Chairman, Manpower. The total man- ing will continue in 2016/17, as officers within the de- power for the Department of Statistics, as seen at the partment continue to contribute at a high technical bottom of page B-43, has decreased to 24 full-time level at both the regional and international level. And individuals. All 24 posts are permanent. The staff re- we are most pleased with our relationship with duction is a result of not filling one vacant permanent CARTAC and the benefits that aspire to us and to post, in order to meet efficiencies within the depart- CARTAC. ment. At this point, Honourable Members should note On [page] B-43, Communications, a decrease that the Department of Statistics has one statistician of $1,000. This reduction in costs is directly attributed designate for the Economics Division. It is intended to a reduction in courier services. that, once the designate has successfully completed Advertising and Promotion, an increase of the development plan, he will assume the position $396,000 in the budget. This additional budget is re- currently held by the non-Bermudian who is mentoring quired most certainly to promote awareness of the this person. This is, of course, Mr. Chairman, in Bermuda House of Assembly Official Hansard Report 2 March 2016 949

alignment with Government’s efforts to give qualified Mr. Chairman, I will now turn to Plans for the Bermudians opportunities to fill positions at higher Upcoming Financial Year. The primary statistical initia- levels, engaging their technical skills, knowledge, and tive that the Department of Statistics will engage in experience. during this Fiscal Year 2016/17 is, of course, the first In regard to output measures in the Depart- online Census of Population and Housing. This year’s ment of Statistics, Mr. Chairman, the achievements of census, as I stated, will commence on May 21st, and it the department’s performance measures for 2015/16 is important to highlight again that the data will be col- are outlined on page B-44. The staff has worked dili- lected by a variety of means including online, tele- gently through the current financial year and made phone interviews, personal interviews, and mail. good progress towards achieving the performance Mr. Chairman, the public’s participation in measures. completing their census forms online is very impor- Mr. Chairman, I would like to report in greater tant, as it will result in cost savings for the Govern- detail on some of the activities that the department’s ment and, of course, greater efficiency [compared] staff carried out this past fiscal year: with the use of alternative methods such as collecting • released new statistical outputs; data via the telephone and door-to-door interviews. I • leveraged technology during data collection; cannot express enough how important this is, Mr. • performed great preparation for the 2016 Chairman. While a large section of the population are Census of Population and Housing; and tech-savvy nowadays, it would be quite easy to go • promoted collaboration and partnering in the online and fill out a census form. And I urge everyone production of all of the statistics. to do it. As I said previously, when it was tested, the Mr. Chairman, Bermuda first published quar- Department of Statistics estimated that 11 per cent of terly Gross Domestic Product [GDP] data in August the people would fill out the census online. It would be 2015, with the release of the first quarter of 2015 data. wonderful if we could get 25 or 30 per cent of the The production of this quarterly GDP data satisfies people, or even higher, to fill out the census online. It one of the minimum requirements of the United Na- would make it easier, [and] data collection much more tions for the production of National Accounts Statis- consistent. And it is something that we are going to tics. Development of the quarterly GDP series was advertise and work towards. And in that regard, Mr. part of a two-year project that benefited from the free Chairman, even those people who are not comfortable expert consultancy of the officials from the CARTAC, filling out online can get assisted by people to actually which I previously referred to. The production of quar- fill their information out online. So I wanted to take this terly GDP was in response to the demands of internal opportunity to stress that. and external stakeholders for more frequent indicators In addition to completing the census online, I that can be used to [assess] Bermuda’s economic believe it is simple, as I said, to complete it in the performance. The availability of these quarterly GDP comfort of one’s own home. The strategy of collecting statistics demonstrates to our stakeholders our com- census data online will be used in Bermuda to support mitment to produce a statistical data set that is indeed the online data collection of Canada, Singapore, Aus- consistent with other jurisdictions. tralia, and the United Kingdom. Mr. Chairman, the department conducted its Now, Mr. Chairman, I think it is important to fifth Labour Force Survey this past fiscal year. For the note that a census is indeed a mammoth task of na- first time, a preliminary report was produced, contain- tional importance. The results from the census will not ing key indicators. The release of this report four only allow for key changes in Bermuda’s demographic months prior to the production of the final report was profile to be identified, but will help in the formulation in alignment with the department's mission of provid- of evidence-based decision-making, which is impor- ing, of course, more timely data. tant. The past three censuses have been conducted in The department continued to embrace tech- a timeline that had gone on for a little bit longer than nology in data collection by implementing electronic those enumerators would like, and we are making forms in portable document format (or PDF) for the every effort to try to get this one done as quickly and Economic Activity Survey and the Hotel Employment accurately and efficiently as possible. I would like to Survey. The benefits of this software are enhanced applaud the department for their initiative so far. quality control and faster response rates due to the Mr. Chairman, I think you will agree that it is electronic submissions. critical, now more than ever before, to have data- As an internal service unit, the department driven policies that will target and help alleviate the fulfilled its duty to assist other departments with the economic and social challenges we face. Therefore, collection of statistics. This involved assisting with the department will continue its publicity and aware- conducting an Information, Communication and Tech- ness efforts during this upcoming fiscal year, empha- nology Survey for the Department of E-Commerce sising the importance of collaboration and everyone’s and a Public Opinion Survey for the Sustainable De- role in providing accurate data and information when velopment Department. Bermuda House of Assembly 950 2 March 2016 Official Hansard Report called upon to participate in business and household estimated for this coming financial year to be surveys and, of course, the 2016 Census. $3,657,000 for 2016/17 and represents a decrease of Mr. Chairman, the Retail Sales Index will be $227,000, or approximately 6 per cent lower than the rebased to reflect more accurately the changing na- current budget year. ture of the retail sector. As you are aware, those in- The subjective analysis for the department is dexes come out monthly. The rebasing exercise in- on page B-46 of the Estimates Book. The following cludes the expansion of the sample of retail estab- object code description increases or decreases are lishments whose monthly sales data are used to com- attributed to the following: pile the Retail Sales Index. The survey sample was • Salaries—a decrease of 12 per cent, Mr. last updated in 2006. The series will be rebased to a Chairman, or $317,000, which represents 2015 base year, from a 2006 base year. The results of funding that has been frozen for two vacant the change will more accurately reflect those com- posts due to the Voluntary Early Retirement modities sold by local retailers. Incentive Plan [VERIP]. Mr. Chairman, I am Mr. Chairman, the Department of Statistics sure you know and Members of this Honour- will continue to augment its statistical work pro- able Chamber know that, if members take up gramme by seeking to collect and produce relevant the Voluntary Early Retirement Incentive Pro- economic, business, environmental, and social statis- gramme, those posts are frozen for at least tics for dissemination to the general public. Addition- two years. In addition, funds to cover the ally, the wealth of data gathered will assist and sup- wages for bursary students who work during port the development of evidence-based policies for the summer and the Christmas holidays were improving the economic and social well-being of the reallocated to wages of the correct object people of Bermuda. code; And as I close on Head 14, Department of • Wages—an increase of $90,000, Mr. Chair- Statistics, I wish to take this opportunity to extend my man. As just previously mentioned, funds to deep appreciation to the Director of the Department of cover the wages for bursary students have Statistics, Mrs. Melinda Williams, and her team of stat- been reallocated to wages. isticians and support staff, for their dedicated and high-quality work that they produce on a regular basis. In regard to Capital Expenditure, Capital Ac- Without these sound data, we would not be able to quisition funds for 2016/17 were not required, and make sound policy. Therefore, their work is critical to thus not allocated. our success. Mr. Chairman, as I have mentioned be- Mr. Chairman, Manpower. The manpower fore, I have all Cabinet department meetings set with estimates for the department as outlined on page B- the heads on a regular basis. And I particularly look 47 are 27 full-time staff, which represents a decrease forward to meeting with the Department of Statistics, when compared to the Fiscal Year 2015/16 Budget. because as an economic major and a business per- That decrease is two full-time equivalents, as I men- son, and certainly as a Premier, information has al- tioned previously with the VERIP. Mr. Chairman, I ways been vital to my life. And I like to get good in- would like to highlight the fact that the department is formation. And I think we have seen the Department 100 per cent staffed by Bermudian officers. of Statistics evolve into a very competent and capable Output Measures. The performance measures body. And I am glad that the Bermuda Government developed by the Department of Human Resources can support that, going forward. can be found on pages B-48 to B-50. I will highlight Mr. Chairman, that covers the first two heads. some of them. Owing to the Government’s Profes- sional and Technical Trainee scheme, we are pleased HEAD 26—DEPARTMENT OF HUMAN RE- to report that two Bermudian professional and techni- SOURCES cal trainees were appointed to a post that has been very difficult to fill and/or held by contract officers be- Hon. Michael H. Dunkley: I will now turn my attention tween April 2014 and March 2015. These posts the to the Department of Human Resources, Head 26, trainees were appointed to are an intelligence analyst which can be found on pages B-46 and B-47 of the with the Bermuda Police Service and an environ- Budget Book, with performance measures on pages mental health officer within the Department of Health. B-48 and B-49. It gives me great pleasure to spend Further, the Department of Human Resources some time this morning on Head 26. was able to achieve 100 per cent attainment of the The mission of the Department of Human Re- annual review of trainee development plans, as seen sources is to partner with internal and external stake- under business unit 36060, exceeding the forecast of holders to provide professional, strategic, value-added 90 per cent. This review ensures the agreed out- solutions to maximise human capital and enable op- comes of the trainees’ development plans are being erational success. achieved and enables appropriate placement of suita- Mr. Chairman, Expenditure Overview, which bly qualified Bermudians. can be found on page B-46. The total expenditure is Bermuda House of Assembly Official Hansard Report 2 March 2016 951

As noted under business unit 36110, the De- During Fiscal Year 2014/15, a combined partment of Human Resources was not able to overall reduction of 24 per cent was achieved for this achieve the outcome of ensuring that 90 per cent of performance measure, in comparison to 18 per cent bursary recipients who successfully complete their the previous year. The department is progressing to- course of study are appointed to a post during Fiscal wards a 50 per cent reduction. There were dynamic Year 2014/15, due to recipients being approved for changes to the recruitment process that were outside deferment of service, Mr. Chairman, which can be of the control of the department that impacted the time done and is requested from time to time. Deferments to hire, in addition to the delegation of recruitment— occur when additional technical training and/or ex- i.e., the Department of Human Resources does not perience is required (e.g., residency, overseas experi- drive every recruitment process. And that is one of the ence, et cetera); or recipients are desirous to pursue key areas, Mr. Chairman, in public service reform—in perhaps an additional degree, such as a master’s, human resources across the various government de- which is not required for the position that was identi- partments—to make sure they are done in a timely, fied for them. efficient manner and they are done according to a Mr. Chairman, how any organisation manages model that works throughout all of the government its human capital is indeed critical to its success; departments. therefore, Human Resources is key to supporting Mr. Chairman, the other performance meas- leaders. The performance measure of the Department ure to improve the efficiency for the recruitment proc- of Human Resources to address this area is to ensure ess, under business unit 36080, is reducing the turn- visibility as human resource subject matter experts, around time to prepare employment contracts on av- who provide strategic and credible advice to perma- erage by 50 per cent—that is, from 10 working days to nent secretaries and heads of department by attend- 5 working days. This measure was not only met, but it ing client meetings with ministries and/or departments was exceeded, as the actual turnaround time to pro- per quarter. And they aim to do at least three per duce employment contracts was reduced by 82 per quarter. This was achieved [as highlighted under cent, which is a significant improvement. The Human business unit] 36050, and sometimes exceeded in Resource Management Information System is greatly that performance measure. assisting the department in improving the overall re- I am also pleased to report, Mr. Chairman, cruitment process. that since the implementation of the Bermuda Gov- Mr. Chairman, during the 2015/16 Fiscal Year, ernment’s first Human Resource Information Man- the Department of Human Resources advanced sev- agement System (HRIMS) two years ago, there has eral important initiatives. Competencies describe the been improvement in two performance measures re- behaviours, skills, knowledge and attributes that any lating to the recruitment process, which are the time to employee must possess to be effective in his/her job. hire and the turnaround time to prepare employment During the past fiscal year, the current one which we contracts. Obviously, Mr. Chairman, you are well are wrapping up, a two-day workshop was held on aware that the time to hire is very critical, and the October 7th and 8th, and was attended by persons turnaround of employment contract is just as critical, from the executive, senior and, of course, middle because if you do not process applications in a timely management levels across the organisation. At the manner, those applicants could walk away to another conclusion of the workshop, five Leadership Compe- job. And that is a challenge that we have found within tencies for the Bermuda Public Service were agreed. Government. These included service excellence, change manage- The department’s aim is to ensure that the ment, setting direction, collaboration, and effective Government of Bermuda acquires the best talent; communication; together with draft associated charac- therefore, the Human Resources Department’s first teristics/behaviours at the various levels. Mr. Chair- goal for the recruitment and selection process is to man, this represented stage one of the initiative. reduce the time to hire on average from 20 weeks to Stages two and three are to be completed by the end 10 weeks for local recruitment, and from 24 weeks to of this fiscal year. Refining the draft competencies and 12 weeks for overseas recruitment. Now, Mr. Chair- reviewing them for content overlaps or repetitions and man, this seems like large periods getting down to their relationship between generic and specific as- smaller periods. And sometimes, I am sure you would pects are being undertaken in stage two. agree with me, that in the private sector it is much This will, of course, enable the Government to tighter. And this is something we are working towards implement leadership competencies to ensure that the tightening up with the civil service, because if we are Bermuda public service is equipped with strategically going to attract the best and the brightest, it is impor- focused leaders who have the ability to achieve the tant that we make sure those times are tight. Because organisation’s objectives. The competencies will be when somebody is looking for a job or has applied for incorporated into the recruitment and selection proc- a job, they want an answer to that job as quickly as ess, performance management, learning and devel- possible. opment, and decisions related to promotions.

Bermuda House of Assembly 952 2 March 2016 Official Hansard Report

Mr. Chairman, as the Department of Human Mr. Chairman, when developing harmonised Resources continues to ensure the Government real- human resource policies across the public service, the ises a return on its investment with HRIMS, pre- various Collective Bargaining Agreements and legisla- screening questions have been introduced to assist tive instruments which stipulate different conditions of with shortlisting, specifically for recruitments that nor- employment must always be taken into consideration. mally attract a large pool of applicants. For example, The drafting of these Human Resources in- the advertisement to fill six trainee customs officer struments has been designed with the intention of [positions], Mr. Chairman, attracted 539 applicants, government‐wide applicability. In other words, each and the administrative support clerk advertisement policy consideration and recommendation will aim to attracted 146 applicants. This has assisted in the re- support the entire public service, all employees, irre- duction in time to shortlist all of those applicants. spective of ministry, department, post title or any other In addition, Mr. Chairman, the HRIMS has identification. been extended to support recruitment for occasional The Department of Human Resources has workers for temporary assignment. To this end, an made significant progress towards the completion of application has been piloted and tested by the staff in policies aimed at providing harmonisation across the the Department of Statistics to assist with its upcom- public service. Policy development is being advanced ing recruitment for the 2016 Census personnel re- as part of the Public Service Reform Initiative (PSRI), quired. and consultation has commenced on: Mr. Chairman, given the very complex nature • the Policy on Drugs and Alcohol; of the organisational structure, the Government ac- • the Policy on Progressive Discipline; and cepted a SAGE recommendation to reform its human • the Policy on Sick Leave. resource policy and operating structure to include per- formance, accountability, and all other human re- Through the Policy on Drugs and Alcohol, Mr. source policies. Therefore, following the necessary Chairman, the Government will promote a safe, review, a human resource policy suite of 96 Human healthy, and productive working environment for all Resource Policies was approved. A team of officers public officers. To support public officers’ physical and from across the service were seconded to the de- social well-being, it is essential that problems associ- partment to commence the work. st ated with drugs and alcohol misuse or abuse are un- Mr. Chairman, as of December 31 , 2015, derstood and effectively managed in a timely, consis- there were 4,805 officers on the Government payroll. tent and, of course, transparent manner. By reducing These officers are spread across 72 departments, hazards within the workplace, the Government is also represented by six unions, with over 10 legislative in- helping to mitigate against financial risks. struments that govern their employment. For the cal- Mr. Chairman, the Policy on Progressive Dis- endar year of 2015, Mr. Chairman, the size of the civil cipline enables the Government to set standards of service was reduced by just under 300 full-time staff. conduct among all public officers. As we focus to- The number that the Minister of Finance and other wards a new strategic direction, progressive discipline colleagues referred to in their budget brief was be- reinforces integrity in the public service, leading to tween 200 and 240. That referred to the fiscal year, positive outcomes for organisational performance, previously. This is for the calendar year. And that has productivity, safety and public confidence. been done through the hiring freeze policy by which Mr. Chairman, during calendar year 2015, every position that has become vacated for any rea- 38,665 sick days were taken—i.e., they have been son will be reviewed. And it is up to the department broken down into two categories—10,350 were uncer- heads to bring a paper to the Minister, who brings it to tified sick days, and 28,315 were certified [sick] days. the Premier and the Minister of Finance, and then Mr. Chairman, look at it this way: This equates to around the Cabinet table, to make sure that that posi- Government’s sick days costing $10,625,000. tion is needed and will be filled with the appropriate Now, as I have been provided those stats by person. It has been a lot of hard work, a lot of discus- the Human Resources Department, let me remark. As sion, but it has been a very important function, not a person who has been in business for many, many only making sure that Government has the services years, I understand that sick leave is an important part that are required, but has the most effective people in of proper compensation for employees. And with the those positions. size of the civil service, sometimes you cannot take So I would like to take this opportunity to those stats in context. But I do believe it is important thank people throughout the civil service for their sup- to focus in on the numbers, the policy, and the use or port of this critical policy in the hiring freeze. I know it the abuse, because in here it says that there were has not been easy, but we have made some progress 10,350 uncertified sick days. And I think, with focus, in efficiency and sustainability. And I would like to we can do better. thank them, and my Cabinet colleagues, for their de- While the Government recognises that public liberation. officers are always subject to becoming ill or having health-related emergencies, just like anyone else in Bermuda House of Assembly Official Hansard Report 2 March 2016 953

our society, that cause them to be absent from the mence the implementation of the centralised Govern- workplace, varying levels of employee benefits and ment HR operating model. Currently, the Department lack of internal controls can certainly contribute to of Human Resources has limited functionality and lower productivity and higher rates of absenteeism; provides largely transactional services for employees hence the need for a policy on sick leave, which pro- who are members of the BPSU [Bermuda Public Ser- vides a systemic approach to sick leave management, vices Union]. These employees account for approxi- and one policy that is uniform across the civil service. mately 40 per cent, which means that the majority of So we have engaged in consultations with stake- employees are not serviced by any centralised human holders on these policies, and that will continue resource function. throughout the next financial year. Over time, ministries and departments have Mr. Chairman, the Department of Human Re- sought to rectify this by creating human resource posi- sources continues to manage two talent management tions within their own structures. This has led to eight programmes, namely, the Professional and Technical satellite human resource sections that have no logical Trainee Scheme and the Public Service Bursary connection to each other or to any overall strategic Award Scheme. human resource plan. This model is not only ineffi- The Professional and Technical Trainee cient and ineffective, but certainly, Mr. Chairman, Scheme, Mr. Chairman, provides Bermudians with the leads to inequity and frustration for the Government opportunity to obtain qualifications and work-related and employees alike. experiences that enable them to fill professional and The fragmentation results in even simple technical positions within the public service. There are transactional processes being extremely time con- currently 13 trainees enrolled in the Professional and suming. In this modern world, that does not work. In Technical Trainee scheme, seeking to obtain qualifi- addition, due to excessive organisational time con- cations and experiences to fill posts such as man- sumed by transactional activities, the broader strate- agement accountant, business process analyst, land gic workforce challenges are often neglected. Trans- title legal officer, land surveyor, lawyer, supervising formational human resource activities such as change engineer, quantity surveyor, planner, and civil engi- management and organisational development are neer. deeply underserviced areas. Mr. Chairman, as you know, across the scope The Management Consulting Section, Mr. of Government, there are many, many very technical Chairman, within the Cabinet Office has been tasked positions that require a good deal of experience and with developing an organisational structure for the training. And we are all pleased that we have the Pro- department that will realise the human resource oper- fessional and Technical Trainee Scheme to allow the ating model proposed by Deloitte, which I referred to best of what we have to offer in Bermuda to apply and earlier. These functions that are intended for align- move upwards. ment are the Human Resource Satellite Sections in Mr. Chairman, the Public Service Bursary the Bermuda Fire and Rescue Service, Bermuda Po- Award Scheme is indeed another successful pro- lice Service, Bermuda Post Office, Department of Cor- gramme that awards bursaries to Bermudians who are rections, Department of Education, Department of enrolled in courses of study at university, college or Health, Department of Marine and Ports, and the Min- other institutions in order to acquire professional or istry of Public Works, together with the Compensation technical qualifications. The areas of study are identi- and Benefits Section for the Accountant General’s fied by permanent secretaries or the department Department and the Management Consulting Services heads as essential or desirable for appointment to Section within the Cabinet Office. office within the civil service. Mr. Chairman, 15 bur- Mr. Chairman, the organisational structure saries, at $10,000 [each], can be awarded annually. will align the work of the several decentralised Human Currently, Bursary awardees are studying in the fields Resources functions into one organisational structure of engineering and aviation. with roles for HR Business Partner, Centres of Exper- There were six bursary recipients who suc- tise, and HR Shared Services. It is intended that the cessfully completed their programmes of study so far new organisational structure will reduce fragmentation this fiscal year. These individuals completed studies in of transactional services and will facilitate involvement engineering, dental hygiene, accounting, medicine, of the HR function in increased transformational and marine biology, and civil aviation. Two recipients have strategic activities. been appointed as trainees—a trainee civil engineer Mr. Chairman, Government as an organisa- and a trainee management accountant; two bursary tion is ever changing, and our greatest asset is our students have been approved for deferment of ser- talent; therefore, we will continue to evolve and maxi- vice; and the remaining two individuals will be consid- mise the use of the Talent Management module of the ered for placement during the remainder of this fiscal Government’s Human Resource Information Man- year. agement System. The service dedicated a great deal Mr. Chairman, Plans for the Upcoming Year. of time during the past year populating the system In 2016/17, it is expected that Government will com- with employee data. As the department continues with Bermuda House of Assembly 954 2 March 2016 Official Hansard Report this initiative during the upcoming fiscal year, manag- Management and Procurement (or referred to as ers and supervisors will be required to input position OPMP). data into the system, to include such information as The Mission Statement of the Office of Project competencies required for the positions that report Management and Procurement is to provide oversight directly to them, risk impact if positions remain vacant, and guidance to public authorities regarding project and current succession planning initiatives that are in management and procurement activities to always place for any positions that they directly manage and ensure fairness, transparency and consistency in supervise. awards of contracts and adherence to applicable rules The goal is for 100 per cent of online manag- and industry best practices. ers and supervisors across the public service to be Mr. Chairman, the total Current Account Ex- inputted into the data system by September 30th, penditure of OPMP, which can be found on page B- 2016. 58, is $852,000, a decrease of $16,000, or 2 per cent In addition, Mr. Chairman, the Human Re- lower than the current budget year. If you go to page sources Department will utilise the system to auto- B-59, you can see Salaries, which has a budget allo- mate online course registration and wait-listing for in- cation of $811,000, representing a $4,000 increase, or house training courses. This will, of course, improve 1 per cent more than the current year financial budget. efficiency. And this reflects the uplift in the PS grade of one posi- During 2016/17, Mr. Chairman, other work will tion. include the continued development of HR policies as The following line items represent savings we seek to realise the completion of phase one of the found as a result of the continuing efficiencies: Other suite of 96 Human Resource Policies. It is anticipated Personnel Costs (on line 3) has been allocated a that work will commence on the following: budget of $3,000, representing a $2,000 decrease. • General Standards on Occupational Safety Training has been allocated a budget of $6,000. and Health; Travel has been allocated a budget of $3,000, repre- • Policy on Administrative Leave; senting a decrease. Communications has been allo- • Policy on Internal Redeployment; cated a budget of $6,000. And Rental Fees have been • Policy on Job Classification; decreased by $7,000, or 100 per cent. Mr. Chairman, • Policy on Termination [Disciplinary Offenses]. Repair and Maintenance has been allocated a budget of $3,000, a decrease of $2,000, based on the current Mr. Chairman, you might ask, Well, aren’t financial year. And Materials and Supplies has been these natural? But across Government, there were allocated a budget of $20,000, which is $2,000 less many, many, many different policies, and it is impor- than the current financial year. tant to bring them all together. Funds budgeted for Capital Acquisition in Mr. Chairman, the officers under Head 26, the 2016/17 amount to $67,000, Mr. Chairman. And you Department of Human Resources, have worked very, can find that budget item listed on page C-9. The very diligently through the year 2015/16 in which there budget allocation will be used to complete the devel- were, of course, challenges with the retirement of two opment and implementation of the Purchasing and training managers due to the Voluntary Early Retire- Tendering System. ment Programme, secondees approved to assist with Mr. Chairman, in regard to Performance the development of policies having to be recalled back Measures, all Cabinet memos, contracts, and tender to their substantive departments, and, of course, the documents are vetted by the Office of Project Man- hiring freeze. The officers of the Department of Hu- agement and Procurement within five days of receipt. man Resources have clearly demonstrated the de- The department plans to perform compliance audits partment’s shared value of customer focus through on four projects, six procurement processes, and delivering exemplary customer service. And, of twelve contracts. In addition, the department expects course, they have worked together as a team to de- to review 24 requests for procurement documents in liver collaborative solutions during 2015. the next year. As I close, I would like to thank Director, Mrs. During fiscal year 2015/16, OPMP developed: Carlita O’Brien, and her Department of Human Re- the Code of Practice for Project Management and sources team for a job well done. Procurement, which is discussed further under the section Plans for the Upcoming Year; a Procurement HEAD 80—OFFICE OF PROJECT MANAGEMENT Procedure Manual; and guidelines for managing capi- AND PROCUREMENT tal projects. The Office of Project Management and Pro- Hon. Michael H. Dunkley: Head 80, Mr. Chairman, curement also provided advice and guidance to Office of Project Management and Procurement, can stakeholders in relation to the South Basin land rec- be found on page B-58. I am delighted to have the lamation phase of the America’s Cup Village project. opportunity to present Head 80, the Office of Project Mr. Chairman, plans for the coming Fiscal Year 2016/17 from the OPMP are to: Bermuda House of Assembly Official Hansard Report 2 March 2016 955

• conduct training sessions to educate public of- negative resolution procedure. However, once the ficers on the Code of Practice for Project code is approved by Cabinet, it will be posted on the Management and Procurement, the Procure- OPMP website, and both the public and public au- ment Procedure Manual, and the project thorities will be notified. management guidelines; Mr. Chairman, in closing my comments on this • Plans also include to develop procedures for section, I would like to thank Mr. Graham Simmons for project management that will be incorporated assuming the role of Acting Director, and his small into the Code of Practice for Project Manage- team at OPMP for their diligent work throughout the ment and Procurement; year. • Plans also include to perform periodic compli- Mr. Chairman, that brings me to the end of my ance, project management and procurement comments on the four heads that were put down for audits on capital projects; and discussion. I will note that Departments of Information • implement the Purchasing and Tendering Technology Office, the Department of Communication System. and Information, and E-Government were not tabled for debate. But I would like to take this opportunity to Mr. Chairman, the Code of Practice for Project thank them for their diligent work through the year, Management and Procurement represents part of the especially the Department of Communication and In- continuing efforts by the Government to improve good formation, who work closely with myself and ministers governance measures, to promote best practices in on the work that we have to do. project management and procurement, and to provide Mr. Chairman, having said that, I will close my oversight of all Government procurement. The Code comments and allow the Opposition Leader to com- promotes the objectives, which I will list now from (a) mence his debate. So I am happy to answer any to (g): questions at the end, if given time. a) maximising economy, efficiency and effec- tiveness in procurement; The Chairman: Thank you, Mr. Premier. b) ensuring that public money is managed effec- I recognise the Honourable Opposition tively for the intended purpose; Leader, the Honourable Marc Bean, from constitu- c) fostering and encouraging participation in pro- ency 26, Warwick South Central. You have the floor. curements by contractors; d) promoting competition among contractors for Hon. Marc A. R. Bean: Good morning, Mr. Chairman, the supply of goods, services and works; and good morning to the listening public. e) providing for fair, equal and equitable treat- I would like to take this opportunity to ac- ment of all contractors; knowledge and thank the civil servants who serve in f) promoting the integrity of, and fairness and these various heads, in particular the Cabinet Office public confidence in, the procurement proc- under Head 9. Mr. Chairman, you will be aware of my ess; and finally, previous experience working at the Cabinet Office, g) achieving transparency in the procedures re- and also you should have knowledge of the fact that lating to procurement. the current Cabinet Secretary was my previous Per- manent Secretary. So I would like to take this oppor- Mr. Chairman, the code contains procurement tunity to thank all of them for their continuous hard procedures for tendering, evaluation of proposals and work, with special shout-outs to all the administrative selection of contractors; financial thresholds; require- assistants who work right [alongside] the Premier, in ments for awarding, monitoring, extending and varying addition to the lovely ladies in the Protocol Offices and contracts; and procedures for debriefing bidders, han- Admin Office, and my wonderful former colleagues in dling complaints, resolving disputes; and retaining the Central Policy Unit. The Premier is absolutely cor- and, of course, inspecting records. rect when he says that without their diligence and The code also incorporates sections of the Fi- hard work, the majority of his efforts would be futile nancial Instructions that, among other things, set out and would cause additional embarrassment to the procedures which govern the purchase of goods and One Bermuda Alliance Government. services, the tendering process, contract registers, I am also grateful for a comprehensive brief capital expenditure, project management and docu- by the Premier, provided, I will assume, by the Cabi- ment retention. net Secretary, where I had, in preparation for this de- The Office of Project Management and Pro- bate, identified one or two areas that I thought that I curement is developing procedures for project man- would highlight to get questions or answers from. Yet, agement that will be incorporated into the code to en- as a result of the information presented, I think that I sure that best practices are adhered to in the over- am going to just step over a few of these issues be- sight of capital projects. cause the Premier has provided me with the informa- Regulations that contain the code will be ta- tion that I was seeking. bled during the next parliamentary session via the Bermuda House of Assembly 956 2 March 2016 Official Hansard Report

Mr. Chairman, I would like to turn to page B- tion of it, when we looked at the subjective analysis of 38, which is Head 9 of the Cabinet Office, where it Current Account Estimates, the Premier noted the states, on line item 0901, “I would like to make men- difference between the travel budget of the Fiscal tion of the Policy and Strategy cost centre.” At first, Years 2009/10 and probably the year prior to that, in after noticing that the budget had increased from a comparing it with the travel budget of this year. And I revised budget in the last fiscal year, from $454,000 to gathered what the Premier was attempting to do. He an estimated budgetary expenditure for this fiscal year was attempting to make it seem like, See? My travel of $938,000, which represents a 97 per cent increase budget is substantially lower than what the Progres- and $461,000 increase, that Initially raised a red flag sive Labour Party’s travel budget was. And maybe for for me. But again, the Premier has explained that those two years, there was a substantial increase of there has been a merging, or there will be a merging travel during those fiscal years that the Premier had of the Sustainable Development Unit, alongside what identified. used to be, the Central Policy Unit. And now Premier, But I just wonder why the Premier did not go a is it called the Department of Policy and Strategy? step further to explain what the budgetary expenditure was for the subsequent years of the PLP Government, Hon. Michael H. Dunkley: Yes. leading up to the end of 2012. I think that would be a more accurate reflection of the general spending pat- Hon. Marc A. R. Bean: All right. I would think the Pol- terns over the years, instead of picking out one or two icy and Strategy Unit would be more appropriate? years to make it seem like that was the norm and now Okay. And so I can understand and recognise why the the Premier is actually becoming much more fiscally budget has seen that 97 per cent increase. conservative than the rest of us. Let me just note one thing, Mr. Chairman. And So, a more balanced analysis would be to that is, when you turn to page B-40 and it speaks of look at the years, the first and second year of the One the Business Unit, I think there is a minor little typo, Bermuda Alliance, and also the last year or the last where it says “Policy and Hospitality.” And I would two years, of the Progressive Labour Party’s Govern- think that the Protocol Office should be combined with ment. Hospitality, and it should read “Policy and Strategy” But do you know what else is also interesting, instead of “Policy and Hospitality.” Do you see that, Mr. Chairman? That while the Premier will point out Mr. Premier? that his travel budget has decreased, and you could correct me if I am wrong, but there was very scant Hon. Michael H. Dunkley: Halfway down the page? mention of the fact that we have an 81 per cent in- crease in that item that says Professional Services— Hon. Marc A. R. Bean: Yes, halfway down the page. i.e., consultants, an 81 per cent increase, which is So I think that is a minor typo that needs to be representative of an increase of $626,000, moving changed, also. from last year’s revised estimate of $996,000 up to What I did take note of is that when we look $1.398 million. Now, that is a serious issue. Because on page B-40, I was able to recognise, subsequently we know that the use of consultants has become a of this merging of the two programmes, because in political football over the years, especially when the one instance, when you look at the budget for this Progressive Labour Party was in Government. But head you notice that the SD Office has been reduced here we see a trend starting to set in, where we have to zero persons. So then, I also noticed that there was the Premier and the One Bermuda Alliance Govern- a $142,000 budgetary . . . no, I am sorry. I am mis- ment, while always pointing out that the Progressive speaking. I am misspeaking. Sorry, Mr. Chairman. Labour Party, when we were in Government, were spending like drunken sailors (my words). Yet, here [Pause] we have a major increase in consultants. And I have to ask, who are these consultants for? Is it a reflection Hon. Marc A. R. Bean: I think the Premier answered of that actual person, the legal consultant who was my question. I was wondering how Sustainable De- retained through the transition of the implementation velopment [SD] would be continued when you did not of PATI? Or is this the case of, we have more Don see any evidence of its being merged, until the Pre- Grearsons and more other politicos who sit down at mier said it, because I do see the sustainability impact the Cabinet Office and are producing what amounts to assessments and the ongoing SD activities, like out- be propaganda? Propaganda, by the way, Mr. Chair- reach indicators. They were still measured for the next man, you will note, is not having a positive effect in fiscal year. And I was wondering, Well, how could it be terms of the relationship that your Government has measured if it looks like the Sustainable Development with the people of this country. In fact, some people Department has been shut down? But again, for clar- have been saying, the big complaint over the last few ity, it is just merely a merging of those two units. weeks, as you are going through your internal reflec- One item that stands out, on page B-39, and tion as a party, is that one of the major issues is that that is because the Honourable Premier made men- you have a PR problem. Bermuda House of Assembly Official Hansard Report 2 March 2016 957

Now, we know the PR problem is not just a the Premier can correct me if I am wrong, but the av- problem of Mr. Magnus Henagulph. We know that erage fee paid to each commissioner would be there is a strong synergy between the PR apparatus roughly six figures, about $100,000. Right, Mr. Pre- that emanates out of Cabinet Office and Mr. Hena- mier? No? Would it be higher? Lower? gulph and his other little supporters and followers. Okay. The Premier indicates that the commis- So I would be interested to know, from the sioners’ fees out of that $480,000 would be lower than Premier, Premier, how did we get a jump from six figures, less than $100,000. So that indicates that $772,000 in the last fiscal year— there are at least $100,000 to $150,000 going to be allocated to just the administering of the commission. I Hon. Michael H. Dunkley: Point of clarification. consider that to be high, Mr. Chairman. But we should not focus too much on how much the commissioners Hon. Marc A. R. Bean: Sure. are being paid, as long as they conduct the commis- sion with fairness. POINT OF CLARIFICATION But is it not interesting that, even though some would say, in fact, the process whereby we look Hon. Michael H. Dunkley: Mr. Chairman, I appreciate into the issues that call on a commission of inquiry, the Honourable Member’s obliging me. that process has not been followed? I would like for us I did answer it—$480,000 for the Commission to note that. Usually, something comes up, Mr. of Inquiry and $180,000 for a Government negotiating Chairman; it then goes before the Public Accounts team to deal with negotiation through various Gov- Committee. Then it is submitted to a debate in Parlia- ernment negotiations, such as with the Bermuda Po- ment. It appears as if the process, the Premier and lice Service and other union entities. That is the Pro- the Government have jumped the gun, for whatever fessional Services increase right there. There actually reason, to get to this Commission of Inquiry. was a $34,000 decrease put in there. So, not to con- Now, I can recall when the commission was sultants or any way that you attribute it to. first announced—again, another irony that did not es- cape me. The previous week, the Honourable Premier Hon. Marc A. R. Bean: Fair enough, and I appreciate stated publicly that he would not be launching any that. witch-hunt into the Government, or the former PLP So, is the Premier stating to me that in order Government. I can recall the Premier saying it pub- to conduct negotiations with various entities under licly. A week later, the Premier got up in front of the Government you have had to expend an additional media and announced a Commission of Inquiry. It $180,000 on consultants to conduct those negotia- would be interesting to know what happened in that tions? I would think that the civil service is properly week, Mr. Premier, that you went from saying, No, equipped with the personnel who can conduct those nothing is going to happen to now, We are going to negotiations. So, if the Premier would like to give fur- launch a commission of inquiry. ther clarification as to why we need that additional But, you know, another sign and signal that all $180,000 [worth of] people . . . is it the fact that we are was not well is when the Premier then went and made just short of staff, or we lack the capability in-house? the statement that he expects his commission to take Or is the work required that complicated that we have three months—three months! Now, I know both sides to look outside of government apparatus? of the fence were very concerned when the Premier Since the Premier mentioned the Commission said three months. Those who are against the Pro- of Inquiry, I think I will take this opportunity to give that gressive Labour Party and are seeking some form of a little focus. And that you will find on page B-38, cost apparent justice knew that three months is not ade- centre 19060. I cannot help but to think, Mr. Chair- quate time to even convene a commission properly, man, here we have, at a time when our Government is let alone to have the findings and recommendations looking to squeeze every single dollar, at a time when brought back to the public. And likewise, those of us we are being told that money does not grow on trees, who are on the PLP side were also concerned that and other statements from the Government, it is inter- such a short time period could mean only one thing: It esting, it does not escape me and I am sure it does is either an attempt to whitewash and race towards a not escape others that the Government, the Premier, guilty verdict, or it is an attempt to whitewash and has seen fit to find $480,000 for this Commission of hope that it goes away. Inquiry. But the time frame indicated that we cannot Now, some folks have said, Listen. How on get a proper, proper commission. Because as far as I earth could we find a half a million dollars for a Com- am concerned, let me make myself clear. The reason mission of Inquiry? But I could recall the Premier com- why I have called for this Commission of Inquiry to be ing back to Parliament with a Bill to ensure that these done with the proper amount of time and resources is commissioners were adequately compensated. Now, because, let us say, perchance, the commission looking at $480,000 and thinking that the commission comes back and says that, After looking at everything, would take about six months, I can guesstimate, and all the evidence, we have found that nothing has oc- Bermuda House of Assembly 958 2 March 2016 Official Hansard Report curred that has been illegal. Nothing has occurred about-face or change of mind occurred is for the Pre- [which would require] a file to go to the DPP [Depart- mier to explain. ment of Public Prosecutions], et cetera. Let us say Nevertheless, we now have a Commission of that the commission comes back and says this. Inquiry that has been empanelled. We know who the Chairman is, we know who the Commissioners are, [Inaudible interjection] and we know how much funds will be allocated to- wards its remit. And when we broke for lunch, I was Hon. Marc A. R. Bean: Mr. Chairman, I take your thinking how important it is for this Commission not to note. It is 12:30. I would like to take my seat and ad- be raced. So let me explain why. journ for lunch. One, there are two sides of the coin. If the Commission is raced or perceived to have been done The Chairman: Thank you. without the requisite time and investigations, and then Premier. the Commissioners find that the there is nothing un- toward, then the Commissioners will be accused of Hon. Michael H. Dunkley: Thank you, Mr. Chairman. covering up what some in the community would per- I move that we now adjourn and come back at two ceive to be alleged criminal offences. Likewise, know- o’clock. ing the way Bermuda is, those persons so named to appear before the Commission have not been found The Chairman: The House will return at two o’clock. to have no case to answer (if I could use that termi- nology), it would still be used against them, not le- [Gavel] gally, but certainly politically, going forward. We have seen this tendency over and over Proceedings suspended at 12:28 pm again. I mean, Madam Chairman, I have experienced it myself, both externally and internally, where I had Proceedings resumed at 1:59 pm an experience where there was no case to answer, yet weeks and months have passed and it is still held [Mrs. Suzann Roberts-Holshouser, Chairman] over my head as if I did have a case to answer. That is not justice. That is not fairness. And so it is impor- COMMITTEE OF SUPPLY tant that on the one side that justice is seen by the public in regard to this Commission of Inquiry so that ESTIMATES OF REVENUE AND EXPENDITURE if, per chance, nothing is found in regard to those so FOR THE YEAR 2016/17 named, that they will be able to get on with their lives freely and peacefully without any cloud hanging over [Continuation of debate thereon] their head. After all, we are going through a half-a- million-dollar process to ensure that that is what CABINET OFFICE should occur. And [two], on the other side of the coin, if the [Continued] Commission comes back and they have found some- thing that has been untoward that can require further The Chairman: Members, we resume in Committee action by other institutions, then it is important that of Supply. We are in the middle of the Cabinet debate, they too will not be accused of being on a witch-hunt, which I believe ends at 3:45. seeking for political purposes, to target members of a Are there any other Members that would . . . particular political party. The Chair recognises the Opposition Leader. So I would like to drive home the point, again, You have the floor. as to why we said initially that it should take at least six months to ensure that justice is served. And re- Hon. Marc A. R. Bean: Thank you, Madam Chair- gardless of what is found within that Commission of man, and good afternoon to you. Good afternoon to Inquiry, I would expect that the process is fair, that the the listening public. entire country will accept the findings and, if any, rec- I would like to resume where I left off at lunch ommendations for further action. Or, the findings that break when I was touching briefly on the Commission say that these persons so named are free to go on of Inquiry, which has been budgeted for the amount of and get on with their lives because there was nothing $480,000. When we broke, I was just speaking of the done illegally. need for the Commission to be conducted properly My last point on this Commission of Inquiry, because I reminded this House and I reminded the because we are now debating it as part of the Budget, public that when the Commission was first announced I think I should take this opportunity to reiterate our by the Honourable Premier just the week before, he position that upon the resumption of Government by had made a public statement to the effect that he is the Progressive Labour Party the country should ex- not going to go upon any witch-hunt. Now how that pect a Commission of Inquiry to be formed under the Bermuda House of Assembly Official Hansard Report 2 March 2016 959

Premier’s directive that will look into alleged behaviour tion begs who are these Professional Services [funds by the current One Bermuda Alliance Government are] being allocated towards? during the time period of December 2012 until now. And that is not an indication of a tit-for-tat, but it is [Inaudible interjection] recognition that our call for good governance and clean hands and pure hearts is non-partial. Hon. Marc A. R. Bean: And the Premier has indi- So it is one thing to have this Commission and cated that he has a list. And I am not going to be too based on previous experiences and allegations and much longer and I am sure some of my colleagues reports, but I do not think there is anyone in this Hon- would also like to ask some questions and I think you ourable Chamber and anyone outside this Chamber will have ample time to provide us that information. who can deny the fact that we have seen behaviours by this current Government that, if not equal, surpass [Inaudible interjection] the behaviour or behaviours that have been stated in Special Auditor’s Reports and behaviours that have Hon. Marc A. R. Bean: We can get it later. We can been alleged within various media outlets in regard to get it later, Mr. Premier, I can wait. the Progressive Labour Party. What is good for the But regardless of why, Mr. Chairman, the goose is good for the gander. And that is why I would numbers speak for themselves. Here we have an in- encourage Members on that side not to take this op- crease of almost 100 per cent in professional consul- portunity to gloat or be excited of a Commission, be- tancies for Cabinet alone. Now, I will wait for the ex- cause what you have done is picked up a double- planation but, again, I thought that the Honourable edged sword. Minister of Finance last week or two weeks ago, For my part, I have no problem holding or maybe it was last week, was expressing his delight in grasping that sword by its handle because, ultimately, his ability to manage the public purse and manage our I think this exercise is meant to start cleansing a body costs and our expenditures. politic, cleansing a social politic, of this cancer that Mr. Chairman, this certainly is not an example permeates, not just Bermuda, but you will find perme- of what I think the Honourable Minister of Finance was ating just about every jurisdiction, and that is this incli- speaking about because this certainly is a major in- nation for persons to operate based on narrow self- crease relative to what these funds are allocated to- interest instead of the greater interest, regardless of wards. what is said publicly. Mr. Chairman, I would like to move on to page So, I hope that this Commission starts a proc- B-41, in particular, the Washington, DC, Office, within ess so that in the near future those young persons the performance measures. You will note that part of who are not of the age to vote, when they do reach these performance measures under the DC Office that age, they will be able to use as a litmus test the was to develop a fresh response to emerging United examples of those of us who are here and still will be States issues and also to complete a risk review here, of good governance—not just said, but seen. amongst other things. But do you know what really Again, we can expect a Commission of Inquiry stood out to me for this Washington, DC, Office, which into the One Bermuda Alliance term of Government. by the way the Progressive Labour Party established, Now, in saying that I am sure One Bermuda was that overall it seems as if there is a new mandate Alliance Members are thinking to themselves, Man, or new direction for this office. And why do I say that? this is no longer a joke. No, it is not. Oh, no it is not. Because you look at the performance measures: And I know you know me and you know that what I One, across the last two fiscal years there has am talking about is no joke either. But let the chips fall been a 50 per cent risk review completion. The ques- where they may. I just hope and pray that justice is tion has to be asked, why is it consistently at 50 per served and, again, this Commission goes through the cent? I would think that if there is a risk review there is process whereas if Members of the Progressive La- an initiative taken. Why is it that every year, year after bour Party are found not to have broken any laws, that year, you are only getting half of this risk review com- they will be able to go on with their life as private citi- pleted? Now, maybe I do not understand the purpose zens and/or Members of Parliament. of this risk review. Maybe the Premier can give me . . . express some enlightenment, but it does not make [Hon. Dennis P. Lister, Chairman] sense. And then when we move down into the per- Hon. Marc A. R. Bean: Mr. Chairman, I would like to formance measures, it also says that it will publish move on from the Commission of Inquiry and in reiter- articles. Now when you look at that measurement, Mr. ating that I have as a note this Professional Services Chairman, it goes from publishing six articles to zero found on page B-39, Current Account Estimates, we in this current fiscal year, in the upcoming fiscal year. see that the Budget, again, has increased up to First of all, I would like to understand what type of arti- $1.398 million from $626 million. And again, the ques- cles are being published on behalf of the people of Bermuda and if they were so important the last fiscal Bermuda House of Assembly 960 2 March 2016 Official Hansard Report year and the previous fiscal year, why all of a sudden there are zero being published. Somehow it speaks to Hon. Shawn G. Crockwell: Point of order, Mr. a shift in focus. Chairman. Likewise, if you move down, another meas- urement is to give speeches. That also has moved The Chairman: Yes. from six to zero. And likewise, another measurement is to arrange functions to promote Bermuda. That has POINT OF ORDER shifted from six to two. The one change or one trend [Misleading] that has shifted upwards is the attending of functions. That has doubled from 12 to 24. Hon. Shawn G. Crockwell: Mr. Chairman, I do ap- So it seems like, out of all the performance preciate— measurements that we were able to ascertain whether or not we are getting value for money and whether or The Chairman: Thank you member. not this DC Office is effective, the majority of them Go ahead, Minister. have either been reduced significantly or reduced completely. Hon. Shawn G. Crockwell: Thank you. While there is one, which is the attending of The Honourable Member is misleading this functions, which I know that during the PLP tenure House. I do appreciate that he said “in his opinion,” these types of activities were considered to be hob- but for the record I do a point of order that what he nobbing and rubbing shoulders and cocktail junkets. just stated is not correct. And I would be interested to know and hear from the [Inaudible interjection] Premier today has the mandate or focus of the Wash- ington, DC, Office shifted and changed? If so, from Hon. Shawn G. Crockwell: In relation to social engi- what and to what? And if not, then what can the Pre- neering and that being the drive for the Immigration mier offer the people of this country as a viable expla- policy. nation as to why there is such a drastic shift in the performance measures? The Chairman: He did say it was his opinion, though. Mr. Chairman, I would like to move on now to Thank you, Minister. Head 14, Department of Statistics. And the last three Heads that I am going to speak of I am not going to be Hon. Marc A. R. Bean: I will give you another— a long time, Mr. Chairman, so those who are prepar- ing to contribute, you can start preparing now. The Chairman: Carry on. In terms of the Department of Statistics, Head 14, page B-42, cost centre 1402, Non Annual Sur- Hon. Marc A. R. Bean: Thank you, Mr. Chairman. veys, we note that $1.7 million has been allocated to I will give you another opinion, all right? It the 2016 Census. And this something that we on our does not matter what the Minister of Tourism says or side welcome as we recognise that is essential to thinks, I could care less about his opinion on this mat- have the most up-to-date information possible— ter. And so I will repeat it again. population and demographic information. Why? I will It is very important that we expend $1.7 mil- tell you why, Mr. Chairman. Today more than ever we lion for this up-to-date census because right now we have a One Bermuda Alliance Government that is have a Government who is strategically focused on strategically focused on re-engineering the demo- re-engineering this country. graphics of our society. That is my opinion. And I think that that is an opinion shared by the majority of the Hon. Shawn G. Crockwell: Point of order, Mr. people of this country. In fact, my colleague, Walton Chairman. Brown, is saying literally it is a fact. All right. Well, let me be a little bit more frank. The rea- The Chairman: We will take your point of order. son why it is important to expend this $1.7 million is Go ahead, Minister. because this $1.7 million is to move to an electronic method of census, which means we should see im- POINT OF ORDER proved efficiency. That $1.7 million is valuable today, [Misleading and imputing improper motives] now more than ever, because we have a One Ber- muda Alliance Government led by a Minister of Home Hon. Shawn G. Crockwell: The Honourable Member Affairs who, contrary to what they may say, the people is misleading this Honourable House and he is [imput- of this country recognise being on a path to strategi- ing] improper motives to this Government. He is incor- cally re-engineer, socially engineer, economically re- rect. That is his political strategy on this matter and we engineer this country. do not accept that. It should be withdrawn, Mr. Chair- We also have the Boundaries Commission man. that has been empanelled, that— Bermuda House of Assembly Official Hansard Report 2 March 2016 961

The Chairman: Minister, I take your point of order. Hon. Shawn G. Crockwell: Point of order, Mr. I am sure the when the Leader of the Opposi- Chairman. tion gets back on his feet he will clarify his point and go on. If he does not then— The Chairman: Thank you for your comments, Shadow Attorney General. Hon. Marc A. R. Bean: Mr. Chairman— Minister of Tourism, do you have a point of order again? The Chairman: If he does not, then we will address it, but I am sure he will clarify it. POINT OF ORDER

Hon. Marc A. R. Bean: Mr. Chairman, this is politics, Hon. Shawn G. Crockwell: Thank you, Mr. Chair- okay? When I speak of social engineering, social re- man. engineering, economic engineering, cultural engineer- The Honourable Member who consistently ing, that is neither a negative or a positive. It is what it defends the Opposition Leader on these matters is is. just going too far. You cannot draw some 40-year his- tory and try to say that, therefore, based on what he Dr. the Hon. E. Grant Gibbons: Point of order, Mr. believes occurred in the past is what is happening Chairman. now.

The Chairman: Point of order. We will take your point Hon. Michael J. Scott: I did not say that. of order, Minister. Hon. Shawn G. Crockwell: Mr. Chairman— POINT OF ORDER [Imputing improper motives] Hon. Michael J. Scott: I completely—

Dr. the Hon. E. Grant Gibbons: Mr. Chairman, the The Chairman: Um— Honourable Member is [imputing] improper motives. He continues to do so. He is trying to suggest that the Hon. Michael J. Scott: I completely— Government is doing social engineering. As my hon- ourable colleague, the Minister of Tourism Develop- The Chairman: Shadow Attorney General. Let me ment and Transport has said, that is not the case and acknowledge the fact that the Minister has yielded. it is pure fabrication on the part of the Opposition Go ahead. Leader. Hon. Michael J. Scott: I take complete exception to The Chairman: Thank you for your point of order, his characterisation of my statement. I did not say that Minister. therefore it is happening now. I am saying that on the Another point of order? basis of history it is entirely open to a Leader of the Opposition—our Leader of the Opposition—to state Hon. Michael J. Scott: Yes. the opinion he is stating.

The Chairman: Shadow Attorney General? Hon. Shawn G. Crockwell: Mr. Chairman.

An Hon. Member: A point of order on your own The Chairman: Continue on with your point of order, Member? but keep it short please, Minister of Tourism.

POINT OF ORDER POINT OF ORDER [Imputing improper motives] Hon. Michael J. Scott: The point of order is to the opinion of Dr. Gibbons’ objection on a point of order. Hon. Shawn G. Crockwell: With all due respect, I It is absolutely clear and been debated often have no issue, and no one on this side of the House in this House that since the 1970s these kinds of en- has an issue, with anyone reflecting on history. The gineering—social and political engineering—have Opposition Leader took [to] his feet and made a very been going on in the country. And, therefore, it is en- clear statement of what he was saying this Govern- tirely . . . it is emphatically not [imputing] improper mo- ment was attempting to do with our Immigration pol- tive for the Leader of the Opposition to stand and re- icy. He is incorrect and is imputing improper motives flect the repeating of this, the fear or the concern that on the Government. And he should cease and desist. this kind of engineering is again being repeated. This is suppressing debate. The Chairman: Thank you for your comments, Minis- ter of Tourism. Bermuda House of Assembly 962 2 March 2016 Official Hansard Report

Leader of the Opposition, you have the floor— Hon. Marc A. R. Bean: —speaking about the census. It is something because we have to hear it every time Hon. Marc A. R. Bean: Thank you— up in this Chamber about how you had 14 years. You had 14 years for this or that. But then when we get up The Chairman: And I am sure you can continue on and ask them or accuse them of being the United and clarify your position without causing anyone con- Bermuda Party, they take offence at that too. Is that cern from the other side. not amazing? And one Member says, Well, we’re not. See, that is the thing about the One Bermuda Hon. Marc A. R. Bean: Well, you know, it is my Alliance. Okay? They want all the benefits of the leg- pleasure, Mr. Chairman. It is my pleasure to see the acy of the United Bermuda Party, but they do not want Ministers on that side jump up and complain about the burden of the United Bermuda Party. Explain to what is a part of political strategy, political discourse. me why you want all the benefits of being associated Now it is amazing, but when I asked about or with the former UBP? I mean, the majority of you are I mentioned the term “re-engineering” or “engineer- UBP. But yet you take offence to that but in the same ing,” the side opposite take it offensively. You can only breath you talk about 14 years ago under the Pro- take it offensively if in your conscience you think you gressive Labour Party Government? Well, that is fine. are doing something that causes offence. I do not mind that as the Leader of the PLP, I will carry Now when we transition from tourism to inter- that burden and the benefits, but I will remind you in national business, did we not go through a transition the same breath that a leopard has never ever of re-engineering this country? Did the United Ber- changed his spots. muda Party not make a concerted, a strategic effort to ensure that we can become the centre of international An Hon. Member: Or its name. finance and insurance? Is that not called “engineer- ing”? [Inaudible interjections]

An Hon. Member: Yes. Hon. Marc A. R. Bean: Or its name. I thought I was going to get a point of order. Hon. Marc A. R. Bean: But you would say that that is Mr. Chairman, again, it is important that we positive engineering. But now when we speak about allocate this $1.7 million in this Budget to ensure that the historical, during the same time period, of immi- we have the most up-to-date and accurate informa- gration, it is perceived to be a negative form of engi- tion, not just for the sake of the Department of Statis- neering. tics and the data derived from an annual census, but Mr. Chairman, it does not matter to me what we are going through a Boundary Commission proc- type of offence the One Bermuda Alliance Govern- ess. And I would think that that information coming ment take when I make this statement. I could care from this census would be of high value to the Bound- less. ary Commissioners. I would think that there would be a high degree of coordination between the two institu- An Hon. Member: It is what it is. tions because the data and the purpose of that data is basically one and the same. Hon. Marc A. R. Bean: It is what it is, Mr. Chairman. But make no mistake. Again, this data for this year is more important than ever, more important than The Chairman: Do not let them distract you. Just con- ever because we have a Minister of Home Affairs, in tinue on. Continue on with the debate. spite of the general feelings of the people of this coun- try, who is going headstrong into social re- Hon. Marc A. R. Bean: Here is the thing— engineering.

The Chairman: Continue on with the debate. Hon. Shawn G. Crockwell: Point of order, Mr. Chairman. Hon. Marc A. R. Bean: I am going on this census— The Chairman: Point of order from the Minister of The Chairman: Continue on with the debate. Tourism.

Hon. Marc A. R. Bean: I am speaking about the cen- POINT OF ORDER sus— [Misleading and imputing]

The Chairman: Do not get off track now, just continue Hon. Shawn G. Crockwell: The Honourable Member on. is misleading this House and he is [imputing] improper motives to the Government and, particularly, the Min-

Bermuda House of Assembly Official Hansard Report 2 March 2016 963

ister of Home Affairs. I appreciate his political strat- then. See, one thing about the One Bermuda Alliance, egy, but I will object every time. in these Chambers you have big bark, but no bite.

Hon. Marc A. R. Bean: Mr. Chairman— [Inaudible interjections]

The Chairman: Your point of order is noted. Hon. Marc A. R. Bean: Yeah, that is how I have to Leader of the Opposition, as you continue on describe it, you know. And the more the Honourable just try and be cognisant of their— Minister of Economic Development . . . you are the absolute last person at this point to want to go back Hon. Marc A. R. Bean: I know what is— and forth with me on this matter. It is best that you stay right in your cubbyhole— The Chairman: —point or their point of objection. The Chairman: Just speak to the Chair, you will be all Hon. Marc A. R. Bean: Mr. Chairman, just the fact right. that Immigration policy speaks to people coming in and out of this country, Immigration policy is a tool of Hon. Marc A. R. Bean: —stay sitting right there and social engineering, regardless of what Government is do what you have been doing all this time. Because in power. That is a fact. one thing about the Minister of Home Affairs, he does So for some reason the Leader of the Opposi- not act alone and he does not think in a silo, and one tion gets up and says, Well, it’s good to have this cen- thing about this top-down One Bermuda Alliance/old sus because we know there’s more engineering afoot. UBP is that you have people who call the shots, who It is not engineering to enure that Bermudians return determine the destiny, not just of their special little and repopulate the country into high-paying jobs or interest group, but they attempt to determine the des- Bermudians return to be entrepreneurs. In fact, the tiny of every single person in this country. complete opposite is the trend that we see—the com- Now, I will take my seat if the Honourable plete opposite. Minister of Economic Development would care to let And if that was not a fact, then you would not us know who the string puller is in the One Bermuda see these acts of civil disobedience starting to take Alliance that is pushing these policies to marginalise root in this country; not just acts of civil disobedience my people. Is it you? by 30 people standing beside the road. It is a miscal- culation by the One Bermuda Alliance Government if Dr. the Hon. E. Grant Gibbons: Point of order. they think that the feelings of the people of this coun- try, in terms of being potentially marginalised, is The Chairman: Point of order. I take your point of something that they will just take lying down, knowing order, Minister. that Bermudians naturally are passive. Trust me, con- tinue to press that button and soon you are going to POINT OF ORDER run out of luck. [Imputing improper motives] So I will get back to the Budget Debate in terms of the census and why it is so essential for us to Dr. the Hon. E. Grant Gibbons: Mr. Chairman, the have up-to-date data because every single month Honourable Member continues to [impute] improper there are more persons becoming Bermudians, and motives. He is fully aware of how Cabinet functions not by birth—every month. And as far as I am con- and who leads Cabinet, the first among equals. I do cerned, it is very important to have this data because not think he needs a lecture from me on this. But in we know for certain what the motive is of the One case he does, he should be aware of it. Bermuda Alliance, in spite of the Minister jumping on his feet and saying, I will continue to point of order. The Chairman: Thank you for your point of order. Minister, the people of the country, like me, we do not believe you. Hon. Marc A. R. Bean: I appreciate the theory about Do you know why? Because we do not trust how Cabinet should operate— you. Do you know why? Because your actions pre- cede you. It is not what you say; it is what you have The Chairman: Continue on. done and what you continue to do. I am not telling you to say who, Minister. In the confines, in the conclave Hon. Marc A. R. Bean: But, Mr. Chairman, as you of these Chambers, we can feel a little ego all we like. have seen over the last two weeks, there is a big But when you have to walk outside these Chambers question mark as to who actually chairs Cabinet. and face the people that apparently you said you Now, the public would not know that, but serve, and at the same time are advocating policies those of us who sit up here, we certainly know it. We that marginalise these very same people, I bet you will certainly know it. not be saying Ooh then. I bet you will not find any ego Bermuda House of Assembly 964 2 March 2016 Official Hansard Report

[Inaudible interjection] fair opportunity, and there are not persons dipping their hands in the cookie jar. Hon. Marc A. R. Bean: And the Minister asks, Well, Last year we spoke of how it seemed like that how would we know it? department, politically, had been created into a Oh, we know. Oh, we know. Okay? eunuch. That is what it seemed like: (1) because we Again, this social engineering, this attempt to looked at the performance measures; (2) we looked at marginalise, this attempt to marginalise Bermudians the behaviour of the One Bermuda Alliance Govern- via an Immigration policy that says that Bermudians ment; and (3) we now see things coming out of the come third and fourth in their own country, is abso- Public Accounts Committee relative to the airport de- lutely the reason why we need an up-to-date census. velopment, which kind of reinforce our concerns a And we look forward to as many persons participating year ago that this department might be a department and cooperating with those who will be working to on paper, but it seems like it does not have any teeth, gather that information. or they are just being generally ignored. But make no mistake. We know exactly why But this is the part of the Cabinet Office that we need the information in these times, in spite of raises the most red flags. See, if we do not get this what the Ministers opposite might claim. Again, we do right this is what leads to Commissions of Inquiry. And not believe you; we do not trust you. so we look at the performance measures. You will Mr. Chairman, I would like to now move on to notice that there are no performance measures, Mr. page B-44, Administration, under the Department of Chairman, for the revised figures of the preceding fis- Statistics. It is a simple matter but I would just like cal year—none. The fiscal year 2014/15, those per- some clarity. It says that the website was discontin- formance measures were well below standards, well ued, yet the next measure states that for this upcom- below the expectations that taxpayers should feel that ing fiscal year, like last, there will be some information they should receive in terms of good service, trans- posted on the website. And I was wondering, if it is parency, and accountability. The performance meas- discontinued then why would information still be ures spoke for themselves. posted? Unless me and my non-techy ways just do Now if this Government is about transparency not understand what is or why it is being presented to and accountability, then please do tell us today how or us. where the taxpayers of this country are supposed to That concludes Head 14, Department of Sta- measure whether or not that department is being ef- tistics. I would like to quickly move to Head 26. Again, fective. There are no performance measures for this a simple question as found on page B-46, and you will last fiscal year. So we do not know what they have note that the Wages in the Current Account Estimates been doing and whether or not the people are getting are $90,000 higher than what they were last year. So what they deserve. And see, that is not the depart- there is a $90,000 increase but there is no increase or ment’s responsibility; that is the Premier’s responsibil- movement in the employee numbers. And we know ity. Maybe the Premier can explain why is there a gap that Wages indicate blue-collar workers and not civil in the performance measures of the Office of Project servants. I would like for someone to give us clarity as Management and Procurement. Thus today there is to what that $90,000 increase, under Head 26, page no reason for us to even continue having an analysis B-46, what it represents and what it is about. of this Head because we have nothing to measure it Lastly, Mr. Chairman, I would like to move on by. to Head 80, Office of Project Management and Pro- Now if you ask me or you ask someone who curement, found on page B-60. It is something be- may be an outside observer, they will question, Well, cause last year, Mr. Chairman, we led off in this what have you got to hide? Or another question is, Budget Debate and we focused, first up, on the Cabi- What do you actually do in that office? And while I am net Office and we gave particular focus to this Office asking questions, maybe the Premier can answer this: of Project Management. Because if you look at the What is the synergy between that office and all these mandate of this office, this is supposed to be a safe- deals—in particular the airport—that the Accountant guard, in addition to Internal Audit and in addition to a General has said is breaking financial instructions? few other departments, this is to be a safeguard to Although the Financial Secretary says, You know, ensure that there are clean hands and pure hearts in everything’s going well. What is the link? Is there any Government before it gets to the Public Accounts link between the one office under the Premier’s remit Committee, before it even gets out of Cabinet. These that is supposed to ensure transparency and account- are the stopgaps— ability? Is there any link to that office and this current airport deal? Of course there is not. I will answer the [Inaudible interjection] question for the Premier. Of course there is not. So how in God’s name can they stand up here Hon. Marc A. R. Bean: Yeah, before it gets to a and actually talk about transparency and accountabil- Commission of Inquiry. This is the office that is sup- ity? How could they, in good conscience, bring a posed to make sure that everyone gets a fair shake, a Commission of Inquiry claiming that one of the biggest Bermuda House of Assembly Official Hansard Report 2 March 2016 965

issues was a lack of accountability and a lack of fol- It therefore makes sense for the Government, lowing financial instructions? Yet, they proceed on in seeking to address legislatively matters involving with a project that is (hello!), breaking financial instruc- population movements and projections, to ensure that tions? See, this is one of the reasons why I said ear- they have the best possible data for such decisions. lier that we will launch a Commission of Inquiry into Because the census is a count of everyone, this will the Government of the OBA. We have no choice. It is be a good opportunity for the Government to hold off not something that we conjured up in our imagination; making fundamentally significant decisions involving this is based on your activities. population matters until such time as the data can be And so, again, this department . . . I do not derived from the census. And so I would like to pub- know what it is, $872,000 being allocated and spent licly encourage the One Bermuda Alliance Govern- annually, towards what? There is no use the Premier ment to step back from any planned initiatives that getting up and saying, Well, this is our ideals and this might involve issues of migration, population, and the is the purpose of this department, when it is obvious various statuses that one might hope to achieve within that you are not following or enhancing or empowering this little colonial outpost. that department to do their job. We do not need an There was some comment earlier about popu- office that rubber-stamps political decisions to have lation data being used to manipulate the political land- these political white elephants—i.e., the airport. What scape, Mr. Chairman. And there was a rather ani- the people require is transparency. What the people mated exchange between the Opposition Leader and require is accountability. What the people require are various points of order raised by the Government. The clean hands and pure hearts. Opposition Leader spoke to what many understand to And what I can say in closing is that I wel- be a reality. And I know that, Mr. Chairman, I will be come this Commission of Inquiry, so that the dust may guided by your direction, but the Minister responsible settle. Okay? Because I know once it is all said and for Immigration stated just a few weeks ago quite done, once we start really cleaning up this country, categorically that he accepts that in the 1960s and rest assured the Progressive Labour Party will still be 1970s the Immigration policy was directly used for in this Chamber, but in terms of whether or not the political purposes. That is a matter of record. So he United Bermuda Party/One Bermuda Alliance is still spoke effectively to the relevance of social and politi- here, time will tell, Mr. Chairman. cal engineering in the 1960s and 1970s. What were But for our part, for our part—clean hands and the elements that were revealed in the 1960s and pure hearts—that is the standard of the Progressive 1970s? Labour Party today and going forward. And that stan- 1. A change in law to increase the number of dard is not going to change. Again, this is something people who could vote by granting those with that the current Government cannot match. British connections the right to vote after a residence of three years; The Chairman: Thank you for your contribution, 2. An encouragement of Bermudians to leave Leader of the Opposition. the islands, remember? The population was Does any other Member wish to speak? encouraged by what many people see as a I recognise the Member from Pembroke, the great leader, Henry Tucker, saying that Ber- Member Mr. Walton Brown. muda was overcrowded and he would negoti- Mr. Walton Brown, you have the floor. ate with the United States and Canada to per- suade Bermudians to go to those countries. Mr. Walton Brown: Thank you, Mr. Chairman. Mr. Chairman, I would just like to speak on a So we see some very explicit examples that few areas. I would like to speak on CPU, the London support the notion, embraced by the Minister respon- Office, the Information Commissioner’s Office, the sible for Immigration, that there was clear manipula- Commission of Inquiry, and the Statistics Office. tion. The facts on the ground today bear an eerie and I will speak first about the Statistics Office. I uncanny resemblance to what took place in the 1960s was not intending to speak on it, as I spoke on that and 1970s. So a logical person, one who makes deci- the other day, but I have been provoked by comments sions based on fact, would arrive at the same conclu- made today to speak to it a little bit. sion arrived at by the Opposition Leader that there We all know that information is the key driver was clear manipulation. All you had to do was look at for effective decisions. And so it is a welcome thing to the story told a few months ago of a person who was see that we will have another census, even though a granted Bermuda status in the 1970s without even mini-census, conducted later this year. The data de- having to apply for it. And when she asked the Minis- rived from that census represents money well spent— ter responsible, Why would you give me Bermuda the $1.7 million allocated. It does provide us with an status? I didn’t even apply for it. He replied, Because opportunity to make some very important decisions we need your support. involving population, population movements, and re- So there you have it, Mr. Chairman. I will not lated matters. dwell on this because I know this is a Budget Debate. Bermuda House of Assembly 966 2 March 2016 Official Hansard Report

But I just thought it is important to set the record would like to encourage the Government to find a straight. more appropriate role as an advocate for Bermuda at Now, let us talk a little bit about the Central this office in particular, but less so in the Washington Policy Unit. I was intrigued by the Premier’s reference Office. to the work of the United Nations Decolonisation Mr. Chairman, I want to talk a little bit about Committee, as is known by its abbreviated name. I the Commission of Inquiry powers. You would note, actually was an expert advisor to that Commission Mr. Chairman, that the Commission of Inquiry Act was from 1990 to 2005, Mr. Chairman. And every year the amended after I proposed an amendment to grant the Committee would invite the representatives of the Premier the authority to establish a Commission of Overseas Territories to attend these deliberations at Inquiry because the Governor, in his disregard for the the expense of the UN. So my first question for the popular will expressed for the establishment of a Premier, Mr. Chairman, is whether or not Bermuda is Commission of Inquiry involving land theft, because still being invited to attend these UN-sponsored activi- the Governor arrogantly dismissed that even though it ties, because it provides a great opportunity for Ber- was passed by this Parliament, the request, the legis- muda to share in its experiences with other members lation was amended to grant the Premier authority to of non-self- governing territories and, perhaps, we do so. could get some insight. So in the first instance, I am a little bit disap- The Premier referenced Article 73 of the pointed—well, perhaps more than a little bit. I am dis- United Nations Declaration. Article 73 speaks to the appointed that the Premier did not first seek, in his relevance of self-determination. I note that the UK cer- first appointment of a Commission of Inquiry, to actu- tainly does not take this obligation very seriously in ally bring to fruition what is a clear desire, validated by that regard because they have done nothing to pro- this Parliament, for there to be a Commission of In- mote self-determination even though they are one of quiry into the historic theft of land. That permeates the the original signatories of that Declaration. The Gov- people. The people feel that far more so than they ernment has spoken about our international obliga- have felt anything else historically in this country in the tions in other areas, Mr. Chairman, so I am just won- post-emancipation period, Mr. Chairman. And so I am dering why the Government seems to be selective in just wondering why the Premier would not want to first what it embraces in terms of what it sees as its inter- consider that. national obligations. The allocated amount of some $500,000 Mr. Chairman, I am very concerned about the could have given an opportunity for so many people to London Office. We spend close to a million dollars share their information, so many people who have with that facility. Yes, we have very competent people been denied an opportunity because of crooked law- who manage that office. But I will say today, as I have yers, crooked bankers, and crooked real estate said in the past, we need to use that office in a far agents to get access to their inheritance. more effective way. If you look at the performance So I take the Premier’s position is to promote measures, all they really need to do, Mr. Chairman, is this Commission first, but will the Premier at least attend meetings. We should not be paying a million consider doing what the Governor had refused to do dollars a year to have three qualified individuals sim- and listen to the clear concern expressed by the peo- ply to attend meetings organised by various UK [Gov- ple of this country and at some future point appoint a ernmental] departments. We should have a much Commission of Inquiry to look at the historic theft of more advocacy function as we have in Washington. land that hundreds of families have been affected by So I make this appeal and this is not unique to and devastated by? the OBA, because it was set up by the PLP, and I said So let us get to the Commission of Inquiry that then, why have money expended when all people are the Premier has given authorisation for. I do not know doing effectively is attending meetings? What per- who the Chairman is, I do not know anything about formance measures do you get out of attending meet- the Chairman, but I know the local persons appointed. ings? What value to the taxpayer is it by merely at- I hold each and every one of those individuals in high tending meetings? There are a multitude of issues, a esteem. I know Fiona Luck, I know John Barritt, I multitude of issues that the London Office could initi- know Kumi Bradshaw—intelligent people, very sin- ate, but they need to have the capacity and the Minis- cere. They will take their work responsibility on this ter or the Premier giving direction to actually do so. Commission very, very seriously, I have no doubt. My London is a hub for a great many things. If concern is that they have been put into a box that has you juxtapose the London Office with the office in basically created a set of circumstances that do not do Washington, the office in Washington has two-thirds justice to the issue that is really meant to be arrived at of the budget, yet their work activity seems to be ma- because of the limited framework of this Commission nyfold that of the London Office. So it appears . . . so I of Inquiry. am happy to be corrected. If that is not the case, then If you go back and look at the reports of the we should be not be having offices overseas with the various Auditor Generals, you will see some very simi- only purpose [being] to attend meetings. Right? So I lar language, some very similar language about how Bermuda House of Assembly Official Hansard Report 2 March 2016 967

financial instructions were disregarded, how they were a gesture of kindness to the people of Bermuda. You not fully followed and so forth. Those reports are know the only caveat, Mr. Chairman, was that it re- commonplace during the PLP era, they were com- main a public park. The Government refused to ac- monplace during the United Bermuda Party era, and cept it on the grounds that they could not afford to cut we can see before our eyes today, Mr. Chairman, that the grass. Do you remember that? there are commonalities in practices today. That property was later bought by a Govern- So herein lies the challenge. Those repeated ment Minister and a businessman who held it for comments by the Auditor General’s reports suggest a about a month. It was flipped and sold to Robert Stig- culture within the civil service, a systemic problem, a wood, the recently deceased Robert Stigwood. You systemic challenge, within the civil service, and you know, Saturday Night Fever fame, producer of the are not going to address it by a focus on a two-year Bee Gees. Was that a corrupted practice? That was cycle. So my question for the Honourable Premier is, one example. I could give many more examples. I what is your objective in having this Commission of could talk about McDonald’s as well, but I will not. Inquiry? Is it to have a serious examination of what But let us just say, Mr. Chairman, if we are many see as a systemic problem and a systemic chal- serious about systemic issues in the civil service we lenge within the operational procedures within the civil would have a very different terms of reference for the service? Or is there a more— Commission of Inquiry. So I question whether in the difficult economic time, when we have real challenges Hon. Michael J. Scott: Dark. (which the Government refuses to meet adequately, by the way) but where we have real challenges, the Mr. Walton Brown: —obvious . . . my colleague the Government would take $500,000 of hard-earned tax Shadow Attorney General says “dark.” I might say money from you and I, take that money and allocate it “ominous” as my colleague here says. Is there some to two years of governance, two financial years, and other motivation that is paramount? Because it begs not either broaden it to get better bang for the buck or the question, if there is a systemic issue, because all look at something that has been far more pervasive in you needed to do was look at all the other Auditor terms of the people, i.e., the land theft issue. General’s reports and you will see some very similar So I would like to hear from the Premier why language, why would you limit the Commission of In- he believes this is an adequate and proper expendi- quiry just to those periods? ture of public funds during these very difficult times. I can think of some examples that shout out My last comment, Mr. Chairman, relates to for examination, but I will not bring it too close. Let me the—no, sorry, I have two left—the Information Com- just talk about something in the 1970s, Mr. Chairman. missioner’s Office. We all accepted with great fanfare And for the edification of members of the public who the introduction of the Public Access to Information may not be aware, because history is important, what legislation. We embraced the ethos behind it and we happens in the past can well predict some of the believed that PATI . . . all of us, I think, believed that things that are likely to take place in the future. Who PATI is an important— remembers (and I forget now) that property up in Somerset? Hon. Michael H. Dunkley: Just a point of order or What is it called? clarification.

[Inaudible interjection] The Chairman: A point of order from the Premier.

Mr. Walton Brown: No, the 25-acre estate. POINT OF ORDER

[Inaudible interjection] Hon. Michael H. Dunkley: We cannot discuss PATI today. The Information Commissioner’s Office will Mr. Walton Brown: Wreck Hill, right. Who remembers come up under non-Ministry debates next week. Wreck House? Wreck House was a beautiful 25-acre estate— The Chairman: Thank you for your point of order. Member from Pembroke, be guided in your [Inaudible interjection] comments.

Mr. Walton Brown: A beautiful spot. Beautiful. It is Hon. Michael H. Dunkley: You will have time next now owned by a very kind man who runs an Austra- week. lian media empire from Wreck House, Bruce Gordon. But in the 1970s that property was owned by a very Mr. Walton Brown: I will be guided by you, Mr. wealthy American. And that American said, You know Chairman. what? Bermuda has been very good to me. I would I was just going to say that PATI is a great like to pass this 25-acre estate to the Government as thing and we should all embrace it. Bermuda House of Assembly 968 2 March 2016 Official Hansard Report

And so I stand to endorse the observation and Hon. Michael H. Dunkley: Thank you. to speak of what must be obvious, that the sensitive and relevant data of a census, now declared to take Mr. Walton Brown: I am happy to reserve those place in May, is critically and shall be critically impor- comments for a subsequent occasion. tant to a Boundaries Commission’s useful, relevant, So, Mr. Chairman, since my remarks have and successful outcome. And I could not agree with been somewhat abbreviated, I will simply say that it is the Opposition Leader more, that these two constitu- important to look at the work of the various depart- tional functions should be better coordinated and that ments under the Premier’s Office. The work of the we should not go through a Boundaries Commission, CPU is critically important. The work of the Stats De- again, ignoring . . . as has happened in the past, not partment is fundamentally important. We need to fix using census data, particularly when these two exer- the challenges that I think we face with respect to the cises are occurring in the same year, taking place London and Washington [offices] to make them much right now. more effective entities. And I am hoping that the Pre- So that is the only point that I think it is impor- mier will be able to address some of the issues that tant to get on the record, but to bring to Mr. Premier’s have been raised in a spirit of trying to ensure that attention that these are relevant, proper considera- Government is more effective in dealing with the is- tions for the good management of this country’s two sues that confront the people of our country. constitutional events that are important to managing Thank you, Mr. Chairman. how Bermuda functions well and proceeds into the future. The Chairman: Thank you for your comments, Mem- Those were the comments that I would raise, ber from constituency 17. certainly in my current role as the Shadow Minister Do any other Members wish to speak? and now in the role that I declared to the House at the Note that this debate does not end until 3:45, top of my comments. so we still have got some time if any other Member Thank you. would like to speak. I recognise the Member from constituency 36. The Chairman: Thank you for your comments, Mem- ber from [constituency] 36. Hon. Michael J. Scott: Thank you. Does any other Member wish to speak? We recognise the Member from constitu- The Chairman: Mr. Scott, you have the floor. ency 33. Minister Simmons, you have the floor. Hon. Michael J. Scott: I am grateful, Mr. Chairman. Mr. Chairman, the Honourable Leader of the Mr. Jamahl S. Simmons: Thank you, Mr. Chairman. Opposition spoke on Head 14, the Department of Sta- I echo my colleague’s comment as a member tistics, drawing the attention of, certainly, the Premier of the Boundaries Commission, in relation to [page] B- (whose remit this falls under), and the country’s atten- 42, the importance of accurate data. But I think it also tion to the juxtaposition of both the Boundaries Com- is a critical, critical . . . we are in a critical period of our mission that is in meeting (may I declare that I am a history with unemployment levels at an unacceptable Boundaries Commissioner for the Progressive Labour level, with migration—emigration out of our country at Party?), the juxtaposition here in 2016 of both he unacceptable levels, for a government, any govern- Boundaries Commission and the census. The census ment, to make informed decisions and to gauge the date is May 2020. effectiveness of programmes, you need accurate Good intelligence tells me, good advice tells data. me, that gathering of information . . . this has been the So the census is a part of it. But we must con- subject of the Premier’s Ministerial Statement on the tinue to ensure that we are tracking at every level, subject of the census, collection of data will begin on everything that can be tracked, because it allows us to Census Day. By July a body of work will have been forecast, it allows us . . . if we are seeing trends, for achieved, even if we go to the end of August and Sep- example, if we are seeing Bermudians returning to tember. The point well taken by the Leader of the Op- Bermuda and driving the population, if we are seeing position and by my colleague the Honourable Mem- trends of more people requiring financial assistance— ber, Mr. Brown, is that the Boundaries Commission the gathering of information, accurate gathering of relies upon good data, and the census data will have information, is a critical component. an inextricable connection with enhancing a good We on this side know that it is easy to fall into Boundaries Commission inquiry and a good Bounda- the trap of throwing money at problems that you as- ries Commission outcome, and that it is odd that we sume are problems. But accurate data, up-to-date would not collate and coordinate our affairs so that a data, ensures that the money is better allocated, is Boundaries Commission is not benefitting from cen- better spent, and you can track the effectiveness of it. sus data. Bermuda House of Assembly Official Hansard Report 2 March 2016 969

This census is critical. And when we look at . . Jersey, Guernsey, the Caymans, and indeed we have . and I meant to declare my interest as well, as a even seen that some of the countries within the Euro- Boundaries Commissioner (as my colleague who just pean Union like Ireland and to some degree the UK took his seat). We are potentially changing the land- itself have been accused, particularly London, have scape of our political environment. And whether it af- been accused of being tax shelters or tax havens in fects one party or the other, whether it is detrimental their own right. to one party or the other remains to be seen, but the So it has been particularly important, I think, in principle of the Progressive Labour Party that adjusted the last couple of years with this whole effort ramping the boundaries in 2002 was one man, one vote of up because of the OECD and the BEPS initiative equal value. That principle is best preserved when we (which is the Base Erosion Profit Sharing initiative), know how many men are going to be made of equal that we have people on the ground in the UK that can value. And the closer we can get that number to being help to essentially respond to some of these inquiries, accurate, the more effectively we will be able to pre- and probably more appropriately make sure that when serve that value to ensure that the vote of a man in the Premier is visiting or the Minister for Finance is Paget is not greater than a vote of a man in Somerset. visiting or there need to be scheduled trips that they Madam—sorry, Mr. Chairman—the afternoon can be lined up in an appropriate sort of way. So must not be my time; I must think it is about two whether it is a consultant over there working with the o’clock in the morning—with those brief remarks I take London Office or the London Office itself, having my seat. somebody there on the ground with both their ear to the ground and who can help to focus the effort, be- The Chairman: Thank you, Member from constitu- cause we are pretty small, we do not have the kind of ency 33. resources that larger countries do—in fact, larger Do any other Member wish to speak? multi-national organisations do—we need to have that I will recognise the Minister Gibbons. directive. Minister Gibbons, you have the floor. I think the London Office has done a nice job in terms of making sure that the time of either the Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Premier or the Minister of Finance is used effectively Chairman. to deal with some of these issues. And we know what Mr. Chairman, there has been a certain some of them are—it is the issue, for example, of cen- amount of discussion about both the London and the tral registers, transparency, and those kinds of things. Washington Office and I would just like to make a And I think in many respects Bermuda has been way fairly brief contribution on both of those. ahead of the game in terms of some of our competi- I think there was essentially a reference to the tors because as, Mr. Chairman, you will know, for performance indicators or performance measures on some time the Bermuda Monetary Authority, since page B-41 by the Opposition Leader who, I think, was 1969, has been in the business of making sure we suggesting to some degree that it would appear that understand who is doing business here, who the all the London Office personnel do is attend meetings. beneficial owners are in a business, and in fact having And I wish to ensure both this Honourable Chamber a registry of those particular details. and the community that that is far from the truth. So, in some respects we are way ahead of the It is sometimes a difficult role to play because, curve, but that has not stopped the continual assault I think, as we have all seen over the last few years by NGOs and others who lump Bermuda in with lots of there has been sort of an increasing assault on Over- other jurisdictions who, I will say, perhaps have been seas Territories and, in fact, small jurisdictions, par- less diligent in terms of understanding who is doing ticularly those that are involved in financial services. business within their particular jurisdictions, and what And I think that a lot of that assault is coming actually business they are actually doing. from Europe, large governments over there that in- Obviously, a lot of other jurisdictions are now creasingly are looking for tax revenues in various ar- raising their standards and I think that is probably a eas. And, of course, one of the areas they are looking very good thing. But the fact of the matter is I think for is tax revenues that are not being paid in their par- Bermuda continually has to make its case that we ticular jurisdictions because they feel that that money have, for a long time, been sort of, I will say, down- is being shifted for investment or other reasons over- right upright in terms of how we manage our affairs. seas and, therefore, may be escaping tax. And in many cases, the smaller number of companies Obviously, there are a number of jurisdictions, that are actually doing business in Bermuda, we know not so much Bermuda, because I think our business is who they are, we know more or less who is behind mostly insurance and reinsurance. We do some asset them, and where that money is coming from, which is management business, but we do not do the kind of obviously also facilitated by not only the BMA, but offshore banking that other jurisdictions do. But unfor- NAMLC and the FIA as well. So we have lots of things tunately we get tarred with the same brush as some of in place. the other smaller financial centres, and those could be Bermuda House of Assembly 970 2 March 2016 Official Hansard Report

But I guess the point I am trying to make is good at helping us to address them when the occa- that the London Office is part of this effort to make sion demands. sure that whether it be members of the EU or, indeed, So I think, Mr. Chairman, those are I guess members of the UK who may have a wrong impres- some of the points that I would like to make. It is a sion of Bermuda or an impression of Bermuda which delicate business. Timing is sort of everything, but I needs, shall we say, educating, they do a nice job in would say that both the London Office, particularly, terms of this communication effort. And I think it has and the Washington Office have been important in particularly been stepped up in the last couple of terms of advancing our efforts in both of those areas years. where legislation and legislators are important to us. As far as the Washington Office is concerned, I think it might be worth just commenting as again, in many respects it is a facilitation role. The well that the London Office for a couple years now has lobbying, I think, is a little different in Washington be- also been the location for the Department of Civil cause the legislative process is a little bit different. I Aviation surveyors and also the Department of Mari- think in some respects it parallels the EU and the UK. time Administration surveyors as well. Sometimes you But in Washington you need to have basically face-to- have to be closer to the aircraft or the ships that are face meetings with people that may be chairing ap- involved, and they have played a good role in terms of propriation committees or chairing the Senate Finance having people over there so they are close enough if Committee or others to make sure that Bermuda’s they need to be called out, they need to do an inspec- message gets out there and, as the old expression tion, whether it be an aircraft, a crew, or indeed a ves- goes, we make our friends before we need them. And sel of some sort that they are there. And I think as we people like G. K. Butterfield, and other members of see both departments move more into a quango mode Congress, have done a nice job in terms of helping us (and the Minister of Tourism and Transport has spo- along that line as well. ken about that) we will probably see even more impor- But, again, it is making sure that the appropri- tance in having those professionals on the ground in ate people get in front of the either senior members, the UK, closer to some of the international shipping or the critical members, of various groups within either areas over there. the Senate or the House of Representatives so that So, Mr. Chairman, I think with those com- they understand what Bermuda is trying to do and ments I am happy to take my seat. understand some of our issues. And I think the Pre- Thank you. mier has commented on a number of those trips which have taken place. The Chairman: Minister, thank you for your com- I think it is going to be increasingly important ments. this year because we are already starting to see signs Does any other Member wish to speak? that even though we may have a lame duck Congress We recognise the Opposition Whip. coming up towards the end of this year with elections, Ms. Foggo, you have the floor. and obviously this year as well, that there are signs afoot with all of the emphasis on tax evasion—sorry, Ms. Lovitta F. Foggo: Yes, I just have one basic avoidance, I should say—by multinational companies question for the Premier and that to do, again, with the (or at least it is evasion as some of the jurisdictions in Department of Statistics, Head 14. Europe are concerned), that there is an effort to try In general my question is with the information and get something along the lines of an international that is accrued, the statistical information. I just won- tax Bill. And we can see the signs there. der whether or not . . . what efforts are being done So it is going to be, I think, very important for within that department to ensure that when we look at the Minister of Finance, and certainly the Premier, to the demographics, especially of our workforce, what be in Washington probably later on this year to have a can we do as a Government to put into play a unit that clearer understanding of what may happen as a con- ensures that when we are looking at the international sequence of that. Because oftentimes when Bills or sector and even within our local businesses, that we legislation of this sort get put together, they look for try and encourage members, our citizens, to try and ways to offset it. And we have known for many, many look for work within that area, something to at least try years that the so-called Neal Bill and others are part and combat on one end those who find themselves in of the overall equation where people start to do some the situation of unemployment. horse-trading and things may get put in or not put in. So I am just wondering whether or not we do And I think it is important for us to make sure that we have a department within this Statistics Department are paying attention to that. that at least tries to ensure that something like that is And we have, certainly the previous Govern- happening. ment did, representatives in Washington like Ken Le- Thank you. vine who have been lobbying for the Government for many years, understand our issues, and are pretty The Chairman: Thank you, Ms. Whip. Does any other Member wish to speak? Bermuda House of Assembly Official Hansard Report 2 March 2016 971

No other Member. to the Ministry of Finance, to the Ministry of Economic Mr. Premier, would you like to wrap up on Development, or Tourism, whatever ministry it might your Head? be. So the back-and-forth exchange is very important. They do a good job. I think we are well served by the Hon. Michael H. Dunkley: Yes, thank you, Mr. London Office. Chairman. In connection with the DC Office, output Just starting out where the honourable col- measures, Mr. Chairman, there was a question asked, league ended off in regard to opportunities for indi- the DC Office, up until November last year, had a paid viduals who are looking for work and employment. political consultant on board. That contract ended at The Department of Statistics is not the place for that. the end of November and that position has now been That is not their mandate. But I can assure you that transitioned into the Washington Office as a Director through the Department of Workforce Development and it remains vacant at the present time. there are programmes that we can address and I be- And there was a comment made about the lieve that is down for debate. events that we attend through the DC Office. I think it [Inaudible interjection] is important to understand that when you attend these events, functions, you certainly advocate on behalf of Hon. Michael H. Dunkley: No. Statistics is really to Bermuda, and there is a lot of work that has to take collect, analyse and disseminate the information. place in that regard. Mr. Chairman, just to try to answer some of Mr. Chairman, moving on to some of the other the questions in the time that I have left here. In re- questions, the Honourable Opposition Leader asked gard to MP Walton Brown, who has left the Chamber about political consultants [expense] under the Minis- now, Bermuda is still being invited to UN-sponsored try Cabinet Headquarters of $1,398,000. There are activities but, obviously, we choose depending on the seven consultants: relevance to the issues that we might have and the • Benedict Associates for $210,000. That is the importance of issues that we might have and attend EIP Programme throughout the civil service. accordingly. That programme is on, I believe, a yearly or I was pleased to see that my honourable col- biyearly contract, which when it expires is put league, Minister Gibbons, talked a bit about the Lon- out to tender. It is a very important pro- don Office and the DC Office. While I appreciate the gramme for any Government employee to Honourable, MP Walton Brown, wanting to make sure take advantage of; that we were getting good value for money out of the • CARICOM expense of $185,000 which is un- London Office, where his criticism was, I think that it der the Cabinet Office; was just . . . the approach was just a little bit inappro- • PATI consultant of $142,000; priate and simplistic when he simply said we are at- • As mentioned by Minister Gibbons, Ken Le- tending meetings. Obviously, from the brief it shows I vine, US consultant, specifically operates out laid out very clearly that the work they do is much, of Washington, DC, of $95,000. Mr. Levine much more in depth than that. And also I think it is has provided service to a number of admini- really doing a disservice when you say to anyone, strations; Well, you just attended a meeting, because obviously • Mr. Don Grearson, who works with me in you just do not go to show up at a meeting, sit in a speech writing, $106,000; chair and listen. You are attending because your input • The Commission of Inquiry of $480,000; is important and you have something to contribute. • The Government Negotiating Team of I have to say that Kimberley Durrant and the $180,000. small team in the London Office do a tremendous job at the work they do. And what I think we need to rec- Now, I believe the Opposition Leader asked— ognise is how diverse their responsibilities are. Minis- and I will provide you the list, if you want to look at it. I ter Gibbons referred briefly to some of the challenges believe the Opposition Leader asked a question about that we have as far as corporate governance, benefi- the Negotiating Team and the need for that from, I cial ownership, [and] the focus on taxes throughout would say, the private sector—my words. Previously, the world. They deal with a lot of that work, which I the Opposition Leader is correct, the Negotiating mentioned in my brief. They also work closely will all Team was from within the civil service, but there have branches of the UK Government to make sure that we been conversations about a potential conflict by public stay in touch with what is going on there and they fol- officers negotiating on their behalf. It could be a con- low through in the JMC Communiqué, they are work- flict for or it could be a conflict against them. In addi- ing in Europe with the European Union in a number of tion, while our public officers are well-qualified and different areas—their work is wide, varied, and they experienced people, they do not negotiate on a regu- bring a great skill set to the table, but that skill set is lar basis, so we thought it was appropriate to make really amplified, Mr. Chairman, in the work that they sure that we get some individuals who are more sea- do in feeding back information to the Cabinet Office, soned in negotiation, would not be in a position of Bermuda House of Assembly 972 2 March 2016 Official Hansard Report conflict to negotiate in that regard, and so that is what measures and one of explanation. The revised fore- we have done. cast for 2015/16, it perhaps should have been stated In regard to the Commission of Inquiry, I think clearly, the original forecast for 2015/16 is the revised the Honourable Opposition Leader mentioned in his forecast, so there is no change. So we will make that comments a bit of an overview of compensation. Mr. clearer in the next go round. Chairman, I can inform you that in a short time I will In regard to the OPMP, I take a difference of be bringing a Bill to this House, because currently opinion than the Opposition Leader. I believe that as members of a Commission of Inquiry under that 1935 we work through the airport redevelopment process, it Act are still paid according to government boards and has been made clear that we have followed financial committees, which I think is $50 or it might be $100 a instructions, we have been open and transparent meeting. There are very few committees under Gov- about that and we will continue to do that going for- ernment who fall outside of that remit. There are a ward. couple that I am aware of and one of them, I think A couple of points . . . changing to Head 26 on every member of this House is aware of, is the B-46. The question was raised by the Opposition Boundaries Commission. Their fees fall outside of Leader, I believe, of why have Wages increased by that. $90,000 with no increase in employee numbers. Good So I will be bringing a Bill to this House to al- question. The increase of $90,000 was previously al- low those members to be compensated in an appro- located to Salaries, and those were for bursary stu- priate way. And at that time I will provide the fees that dents, which now have been classified in the Wages we have set up. But, basically, I think you can look at section. it in probably four tranches—fee for the Chairman, fee In regard to (jumping back to Statistics) the for the commissioners, fee for any premises we might measurement of the number of hits on the website use, and that would include support staff and, in re- has been discontinued. However, I am not sure who gard to a commission, fees for advice that the com- asked this question, about statistical publications, they missioners might have to get from counsel. But when have been temporarily discontinued because there is the Bill comes, I am happy to provide all of that infor- a problem with the website. And that is all that chal- mation. lenge is. And I know the Opposition Leader has been on record before saying that they support the Com- [Inaudible interjection] mission and, hopefully, the Commission is provided appropriate money. So I believe I can give some ex- Hon. Michael H. Dunkley: Just temporarily, yes. The planation to that when that Bill comes. website was not working right. They are looking at it. I believe very strongly that I feel proper proc- I believe the Opposition Leader has a couple ess has been followed. I accept the Opposition more questions I will be happy to answer as time is Leader’s comments that a time frame of six months is drawing down. more appropriate. In my initial announcement, I al- luded to three months. But I have no problem in going Hon. Marc A. R. Bean: And thank you— back and looking at what is appropriate for this Com- mission. And even now that the Commission is The Chairman: Thank you for your comments, Minis- formed, the Chairman might come back and say they ter. need more time or less time to do what they have to Leader of the Opposition, you have the floor. do. So we will be guided by what the Chairman wants to do. Hon. Marc A. R. Bean: Thank you, Mr. Chairman. And let me also state, you know, I know the I am obliged to the Premier for giving me an Opposition Leader was trying to be a bit political in opportunity to ask one or two questions based on the some of the comments he made, and I have no prob- responses that the Premier just provided us. lem with that, but if the Opposition forms the next Could the Premier explain briefly what he Government, they can form any Commission of In- means in terms of $180,000-odd being allocated to quiry they want to look at any affairs they want and CARICOM under Professional Services in the Cabinet this Government will not, in any way, flinch if a Com- Office? And also could he explain to us who are these mission is formed to look at the work of this Govern- private sector negotiators that have come to assist, as ment. We stand by our record and we are happy to he just articulated that sometimes the civil service, for have that record put out in the sunshine of public scru- whatever reason, are not able to do it? Can you let us tiny, Mr. Chairman. That is for the record. know who these negotiators are? Are they a firm? Do Mr. Chairman, I believe there were questions they represent the firm or are they just individuals? asked about—oh, on page B-60 on performance And again, I will look forward to your answer on the measures on OPMP [Office of Project Management $180,000 to CARICOM. and Procurement]—a good point there. If you go to the page there are five columns—four columns of The Chairman: Thank you, Leader of the Opposition. Bermuda House of Assembly Official Hansard Report 2 March 2016 973

Premier, you have the floor again. The Chairman: Premier, the Opposition Leader has another question for you. Hon. Michael H. Dunkley: Yes, thank you, Mr. Chairman. Hon. Marc A. R. Bean: Thank you, Mr. Chairman, The Government Negotiating Team are inde- and thank you to the Premier for yielding. pendent contractors. I am happy to talk to the Hon- One last question: When we are talking about ourable Member off the record in regard to that. the Office of Project Management and Procurement, The CARICOM fee is $185,000. I can provide the Premier mentioned a code of practice. Will the a more detailed breakdown after this debate. I do not Premier give an indication when he would table that have it here with me now. That is the fee I have been code of practice in Parliament? told for CARICOM services. The Chairman: Thank you for your comments, The Chairman: Thank you, Premier. Leader of the Opposition. Leader of the Opposition? Premier, you have the floor. There are about nine minutes left. Hon. Marc A. R. Bean: Thank you, Mr. Chairman and thank you, Premier. Hon. Michael H. Dunkley: Thank you, Mr. Chairman. I would like to know, specifically, in terms of I was just referring to the exact part of my those CARICOM fees, we do understand that Ber- brief to make sure that I was accurate in what I said. muda is an associate member of CARICOM, so we And I said at that time in the brief that the regulations are obligated to provide some degree of funding. Now, that are contained in the code will be tabled during I would like to know whether or not that $180,000 ba- this next Parliamentary session. And once that code is sically represents the fees that are obligations to us by approved by Cabinet, it will certainly also be posted being associate members, or does it include an indi- on the OPMP website for both the public and the pub- vidual who, per chance, might be representing the lic sector to read it at. Government of Bermuda in the CARICOM region in Any further questions? addition to the fees that we are obligated to pay? The Chairman: Premier, the Opposition Leader has a The Chairman: Thank you for your comments, further question. Leader of the Opposition. Premier, you have the floor. Hon. Marc A. R. Bean: Thank you for the explana- tion. Now, the next question, naturally is, will the Of- Hon. Michael H. Dunkley: Yes, thank you for that fice, the OP[M]P, be obligated to follow that code of clarification. Those are fees that are paid quarterly. practice? And a better question, will the Cabinet of the There are no Government appointed officials to One Bermuda Alliance submit themselves to that very CARICOM getting any fees. Those are the quarterly same code of practice? fees to CARICOM . . . yes, yes. Okay, I think I covered all the questions there. The Chairman: Thank you for your question. Mr. Chairman, one thing, I will finish up on two Premier, you have the floor. points. I want to congratulate everyone within the Cabinet Department for their diligence over the past Hon. Michael H. Dunkley: Most definitely. Most defi- year certainly in light of the fact that these are tough nitely. times and there have been budget cuts. If you look at And another thing that I will remark as we the budget for the Cabinet Office, they have been on want to talk about good governance, in spite of some budget and that is no mean feat with as busy as the of the comments that are put out from time to time by office is and the numerous responsibilities they have the Opposition, that this Government is doing all that to do. So I want to thank all of the leads of the de- we can to be open and transparent. partments for their sound oversight and their direction, And I will take this opportunity to draw to it is certainly most appreciated and it sets a good ex- Members’ attention that we have instituted a new Min- ample throughout the rest of the Government. isterial Code of Conduct, which is the first review of One last comment that I will make— that, I think, since the Ministerial Code of Conduct was You have a question? One last question. put in play probably in the late 1990s. I know under the former Government there was a review of the Hon. Marc A. R. Bean: Okay. Code, but it was never instituted. But there is a new Ministerial Code of Conduct, which has been put in Hon. Michael H. Dunkley: I am happy to work with play, and it is a bit more comprehensive and it re- the Opposition Leader. quires that all Members of Cabinet actually sign their agreement to the Code, which is something that was never done in the past. Bermuda House of Assembly 974 2 March 2016 Official Hansard Report

I guess the appropriate place to sign off (as not exist, after jumping off that Gulfstream 200. And time is almost done on a productive debate), is I, Mr. you know what that led to. Chairman, as you and the Chairman who sat in the seat before the lunch break, would appreciate . . . I Hon. Shawn G. Crockwell: Point of order, Mr. spent an extensive period of time talking about public Chairman. sector reform. And I will make sure that those com- ments—the full brief—are put up on the website and The Chairman: You have a point of order, Minister of published so people can read them because there is a Tourism? lot of work that is being taken place with the five work- Minister, you have the floor. ing groups that I mentioned in my brief: the Public Bodies Reform Working Group, the Human Re- POINT OF ORDER sources Working Group, the Pension and Benefit Working Group, and Asset Rationalisation and Digi- Hon. Shawn G. Crockwell: Yes, Mr. Chairman, the talisation; and Services Working Group. Honourable Opposition Leader has stated that Han- And I am disappointed that we did not have sard will support this. I think he needs to present that more of a back and forth between the Members of this because I do not recall the former Attorney General House about public service reform, because just un- making that statement. der a week ago, the Opposition mentioned it in their Reply to the Budget. And I want the people of Ber- The Chairman: Thank you for your comments. muda to be assured that with the support of everyone Leader of the Opposition, you have the floor. within Cabinet there is significant work taking place, and we will continue to talk about the work that is tak- Hon. Marc A. R. Bean: I stand to be corrected, and I ing place because that is the question that SAGE put know my memory is not the sharpest knife, but I re- out there, that is the question that the public put out member that it was one particular . . . it was one par- there. And as we sit here over the next couple of ticular Minister who fought tooth and nail to deny. weeks and debate the Budget—how money is spent and how people put money into Government coffers— Hon. Michael H. Dunkley: I gave way for a question. we need to do everything that we can to make sure that that money is used effectively, efficiently, and we Hon. Marc A. R. Bean: No, my question is (because are accountable to do the people’s business. you said you gave way for a question), how can we trust you to implement an upgraded Ministerial Code The Chairman: Premier, do you yield? of Conduct when a lot, plenty of your Ministers up Leader of the Opposition, you have the floor. until this point have had grave difficulty acknowledging Five minutes left. the existence of one or following the one that is in ex- istence? It does not make sense. Hon. Marc A. R. Bean: Thank you, Mr. Chairman and It is a fair question because we can have all thank you, Premier, once again for yielding. the rules we like, we can say that we want good gov- I just listened to the Premier’s comments and ernance all we like, we can say we want transparency, to my pleasant surprise the Premier announced that we want accountability and it should start at the top. his Cabinet will be introducing an updated, upgraded Again, it comes back to the evidence of things seen. Ministerial Code of Conduct. And to that I would say, So I hear what the Premier is saying, but I would like Good work, and we look forward to seeing a copy of to know, in his mind, what type of assurances can he this updated Ministerial Code of Conduct. can provide to the people of this country that we will But, Mr. Chairman, but—and it is a big but— not see a repeat of the past? the question is, even with an upgraded Ministerial Code of Conduct what assurances do we in this The Chairman: Thank you for your comments. House, and what assurances do the people of this Premier, you have just over a minute to reply. country, have from the One Bermuda Alliance Gov- ernment that they would abide by this updated Minis- Hon. Michael H. Dunkley: Mr. Chairman, I am going terial Code? Because, Mr. Chairman, we all remem- to keep this debate at a high level and I am not going ber it was not too long ago when the current One to descend down into the gutter with that Honourable Bermuda Alliance Government, some of their Minis- Member. ters, had great difficulty following the existing Ministe- As perhaps the Honourable Opposition rial Code. In fact, one Learned Minister, the former Leader was not paying attention when I spoke, I said Attorney General, actually denied that a Ministerial very clearly that the Ministerial Code of Conduct had Code exists. I remember and it is in the Hansard. I did been instituted and signed and it is on the Cabinet not say the Learned Member the Minister of Tourism Office website for everyone to see. and Transport, I said the learned former Attorney And I will say, Mr. Chairman, that when you General. He stood up in this Chamber and said it did point fingers across, one finger is pointed across and Bermuda House of Assembly Official Hansard Report 2 March 2016 975

three are pointing back. That is all I will say about Hon. Shawn G. Crockwell: Thank you, Mr. Chair- former Ministers and their code of conduct. man. We are about openness and transparency Mr. Chairman, the function of the Ministry of and accountability, and we put more standards in Tourism Development and Transport Headquarters is place in the past couple of years than any Govern- to ensure safe and efficient operation of the depart- ment has done in the history of Bermuda, and we will ments and special operations units within the Ministry. continue to do that. We will continue to move forward Headquarters also ensures that policies of the Ber- and we will continue to make the civil service and muda Government relating to the Ministry are en- those who serve at the Ministerial level more account- acted. In addition, it helps ensure the cooperation of able for the work they do. other Government ministries which are impacted by So, having said that, Mr. Chairman, I move Ministry of Tourism Development and Transport initia- that Heads 9, 14, 26 and 80 as well as the rest of the tives and activities. Heads in the Cabinet Office are approved. And that The Ministry of Tourism Development and will be Heads 43—ITO; 51—DCI; 84—E-Government; Transport Headquarters oversees and coordinates the 96—Sustainable Development. activities of the following departments, which can be Thank you, Mr. Chairman. found in the Budget Book on page B-164: • Head 30—Marine and Ports Services; [Gavel] • Head 31—Airport Operations; • Head 34—Transport Control; The Chairman: Premier, time has passed. • Head 35—Public Transportation; With that we conclude the debate on the • Head 57—Civil Aviation; and Cabinet Office, the Heads that the Premier just an- • Head 73—Maritime Administration nounced. The Ministry of Tourism Development and [Motion carried: The Cabinet Office, Heads 9, 14, 26, Transport Headquarters can be found on pages B-164 43, 51, 80, 84 and 96, were approved and stand part to B-166 of the Budget Book and is divided into three of the Estimates of Revenue and Expenditure for the cost centres as follows: year 2016/17.] 58000—Administration The Chairman: And we now will move onto the de- bate on the Ministry of Tourism Development and Hon. Shawn G. Crockwell: Administration, which is Transport, Heads . . . well I will let the Minister of on [pages] B-165. The original allocation for 2015/16 Transport announce the Heads. is $23.102 million. The estimate for 2016/17 is Minister Crockwell, you have the floor. $24.412 million, a variance of $1.31 million. Full-time equivalents in this particular department are four. MINISTRY OF TOURISM DEVELOPMENT AND The Administration Team is primarily respon- TRANSPORT sible for the day-to-day administrative activities within the Ministry’s headquarters which include the coordi- Hon. Shawn G. Crockwell: Thank you, Mr. Chair- nation of the various services provided within the Min- man. istry. In 2016/17, the Administration section will over- see annual operating grants to the Bermuda Tourism [Crosstalk] Authority of $22.7 million and the Government Golf Courses of $950,000 (located on page C-18 of the Hon. Shawn G. Crockwell: Mr. Chairman, I will be Budget Book), which together comprises 97 per cent looking to deal with the Ministry of Tourism Develop- of the Ministry Headquarters’ total budget. ment and Transport, particularly the Ministry of Trans- port component. And we will be looking at Heads 30, 58010—Transportation Planning Team 31, 34, 35, 57 and 73. With your indulgence I would like to move Hon. Shawn G. Crockwell: The original allocation for those Heads, Mr. Chairman. 2015/16 was $175,000. The estimate for 2016/17 is $149,000. The variance is a $26,000 decrease. Full- The Chairman: Go right ahead, Minister. Move time equivalent is one. ahead. Mr. Chairman, the role of the Transportation Shadow Minister, are you in agreement with Planning Team (TPT) is to provide research and sup- those heads? port to the Ministry, various Government departments, Go ahead, Minister. on-Island stakeholders, and cruise ship partners to ensure the efficient integration of all transportation HEAD 48—MINISTRY HEADQUARTERS services in Bermuda.

Bermuda House of Assembly 976 2 March 2016 Official Hansard Report

Mr. Chairman, you may be aware of the most Mr. Chairman, Bermuda remains very fortu- recent report on the 2014 visitor survey of cruise ship nate to have long affiliated partnerships with other passenger spending that was determined from the notable cruise lines who make occasional calls to Bermuda Tourism Authority’s Exit Survey. For the Bermuda, and in 2016 there will be no exception. In purposes of this Budget Debate, I wish to clarify what addition to the inaugural visits, we look forward to the cruise ship passenger spending was in 2014 and welcoming back Crystal Cruises, Fred Olson Line, compare this spending to 2015. In 2014, Bermuda Holland America Line, MSC Cruises, Oceania received 130 cruise ship calls bringing a total of Cruises, Regent Seven Seas Cruises, Princess 356,325 visitors to our shores with cruise ship pas- Cruises, and AIDA Cruises. The complete cruise ship sengers spending $35.9 million, or an average $101 schedule for 2016 is available on-line at www.gov.bm per person in 2014. under Marine and Ports. Mr. Chairman, during the 2015 cruise ship Mr. Chairman, the Ministry along with the season, there were six additional cruise ship calls Bermuda Tourism Authority continues to develop a scheduled, but due to inclement weather, a total of positive relationship with premium/luxury cruise lines 132 calls were made that brought 370,756 visitors to in attracting their brands to come to our shores. There Bermuda and spending went up to $48.25 million, this has been much activity surrounding the 2017 Amer- represents a per passenger spending of $130 in 2015 ica’s Cup and the projected further increase in cruise or a 36 per cent increase of $12.75 million over 2014 ship passengers in 2017 that remains a top priority, into Bermuda’s economy. along with providing the Town of St. George’s regular Mr. Chairman, with the scheduled increase of scheduled calls during the cruise seasons. The Minis- 13 additional cruise ship calls in 2016 this will result in try is currently working very closely with the Corpora- a total of 149 calls with an anticipated number of tion of St. George’s and other local stakeholders and 410,645 visitors over the course of the cruise ship also our cruise industry partners to evaluate the op- season. This represents an increase of 39,889 thou- tions available to ensure that the Town of St. George’s sand cruise ship visitors over 2015. can one day again be the beneficiary of a dedicated Mr. Chairman, to recap, in the last three cruise ship. The options include the feasibility of wid- years, Bermuda will have increased the number of ening Town Cut or creating an alternative new cruise cruise ship calls from 130 to 149 and increased the berth and terminal. This project remains a high priority number of annual cruise ship visitors from 356,325 to and our ministry will keep the public abreast of the an estimated number of 410,645 visitors in 2016. This progress and at the appropriate time will organise represents an increase of 19 calls, 54,320 visitors or a meetings for the general public to share the proposals 15 per cent increase, and we anticipate a further rise and garner their feedback. in per person spending in 2016 based on these higher Mr. Chairman, each cruise ship passenger ar- projections. riving in Bermuda pays a passenger tax to Govern- Mr. Chairman, I would like to advise this Hon- ment and all passengers on cruise ships not berthed ourable House that with the 2016 cruise ship season in Hamilton or St. George’s, pay a cabin tax and this upon us, we look forward to welcoming seven inaugu- revenue is projected to be $24.2 million in 2016 which ral cruise ships to our shores this season including is up from $22 million in 2015. While cruise ship visi- Royal Caribbean International’s Quantum-class vessel tors make purchases in local retail establishments and the Anthem of the Seas, which is scheduled to arrive purchase shore excursions in support of our taxi, on May 7th and will make 21 visits from Cape Liberty, minibus, and water sport sectors, they also exten- New Jersey. Honourable Members may be aware of sively use our public transport system, resulting in the recently completed North Channel upgrade which increased revenues. The secondary impact of the will greatly improve the navigability of the North cruise segment on our economy is significant, with Channel and was also required to accommodate the many tour operators relying on cruise visitors for their next class of larger cruise ships like the Quantum livelihood. In total, the cruise ship segment is pro- class and other cruise ships with similar principle di- jected to make a financial contribution in excess of mensions. We also look forward to welcoming for the $92 million in 2016. first time the following ships that include the Carnival Mr. Chairman, much of the effort will be in Sunshine; Carnival Victory; Carnival Vista; V.Ships providing quality transportation services for our visi- Sirena; Prestige Cruise Holdings Seven Seas Ex- tors, including scheduled ferry and bus services, plorer; and Viking Cruises Viking Star. sightseeing bus service, taxi and minibus tours. In Mr. Chairman, in addition, RCI’s Grandeur of 2016 we remain reliant on the taxis and minibuses to the Seas will return to Bermuda in 2016 with 17 calls provide transportation services between the Royal from Baltimore; Norwegian Breakaway will return with Naval Dockyard and the south shore beaches. This 26 calls from New York City; the Norwegian Dawn creates employment opportunities for Bermudians with 15 calls from Boston; and the Celebrity Summit who choose to enter the transportation sector and will also return with 19 calls from Cape Liberty, New provides relief for the public transport system. Jersey. Bermuda House of Assembly Official Hansard Report 2 March 2016 977

The West End Development Corporation will Mr. Chairman, the Ministry established an in- assume full responsibility for monitoring traffic at house hotel development process that includes cross- Dockyard, and the Transport Control Department will ministry involvement whereby hotel developers chan- allocate traffic officers to Horseshoe Bay Beach to nel their activities through the Ministry of Tourism De- manage the anticipated increase in private sector ser- velopment and Transport and we consult directly with vices to Bermuda’s most popular attraction and en- all relevant ministries at the Economic Development sure that our visitors are moved more efficiently. Committee level as well as work closely with the Ber- In order to provide lift from Dockyard to St. muda Tourism Authority’s Investment Section to iden- George’s, the Department of Marine and Ports will tify potential hotel development and bring new inves- once again lease the Millennium from Rhode Island tors to Bermuda. Our primary goal is to increase hotel Fast Ferry. Leasing a vessel will enable us to enhance room inventory and attract world-class hotel brands. ferry service for our commuters and visitors travelling Mr. Chairman, we continue to see an upturn in from Dockyard to Hamilton, while reducing the “stress” hotel development concession applications and we placed on the existing fleet. are encouraged by the hotel developers that are still Working with the Ministry of Finance we have progressing with their projects, and the fact that Ber- proposed increasing the rate of the transportation muda remains attractive to prospective developers. fares effective the 1 April 2016. This will help reduce Mr. Chairman, you may be aware that just today we the subsidy to provide public transport while encour- announced the signing of the Ground Leases with the aging more of our visitors to use private transportation Desarrollos Hotelco Group, which signals the next options such as taxis and minibuses. It is the Ministry stage in this very important development project. of Tourism Development and Transport’s vision to There are many projects already in channel, bring about more opportunities for transportation pro- as just cited, the St. George’s Development Site, the viders and try to close the gap in the public and pri- Hamilton Princess Beach Club and new Staff Facili- vate fare structures. In 2016, we intend for public ties, Pink Beach Hotel, Morgan’s Point, Coral Beach fares from Dockyard to the south shore beaches to be and Tennis Club, Fairmont Southampton, and a few on par with private sector transportation options rather more on the horizon including the Ariel Sands, Surf than remaining as a discounted fare. Side Redevelopment, and the Elbow Beach Hotel. So Mr. Chairman, the Transport Planning Team’s a great deal of work is being done in relation to im- budget will decrease by $26,000 to $149,000 in proving our hotel product. 2016/17 and this reduction is due to less services be- Mr. Chairman, there are other areas of re- ing required by local consultants and contractors. sponsibility, oversight and policy direction provided by the Regulation and Policy Section of the Ministry of 58020—Regulatory and Policy/Hotel Administra- Tourism Development and Transport. These areas tion include, but are not limited to, the day-to-day man- agement and issuing of lottery permits for raffle tickets Hon. Shawn G. Crockwell: Moving on now to 58020, and business promotions under the Lotteries Act 1944 Regulatory and Policy/Hotel Administration, still on since May 2014. It is our Ministry’s intent to evaluate [page] B-165. The original allocation for 2015/16 was the efficacy of amalgamating the Lotteries Act into the $0.233 million. The estimate for 2016/17 is $0.237 Casino Gaming Act, which is under the purview of the million, a variance which is a $44,000 increase. The Bermuda Casino Gaming Commission, at some point full-time equivalents are three. in the near future. This section is also responsible for Mr. Chairman, the Regulatory and Pol- the administration and issuing of cruise ship casino icy/Hotel Administration section operates separate licences [and the] review and support [of] Department and apart from the Bermuda Tourism Authority and is of Planning applications related to tourism related managed by the Ministry of Tourism Development and products and/or developments situated on tourism Transport Headquarters. zoned land. The Regulation and Policy Section is also This section is responsible for the hotel licens- actively involved in the Vacation Rental Property ing and inspection process which includes a team that scheme and other tourism-related ministry initiatives. works within regulatory guidelines to ensure that all Our Ministry looks forward to providing more informa- licensed hotel properties maintain the appropriate tion on these initiatives to this Honourable House in standards. It is also charged with overseeing the hotel the upcoming months. concessions process from the application stage of a The total budget for the Ministry Headquar- new hotel development and/or major renovation to the ters, Head 48, for the fiscal year 2016/17 is $24.798 issuance of “opening date certificates” which certify million, an increase of $1.288 million from the 2015/16 that the planned redevelopment is complete and that original estimates. relief provided by each order can commence. Regula- Salaries and Wages for the eight full-time tion and Policy also oversee the Timesharing admini- equivalents account for $807,000, which represents stration and the hotel bed and unit inventory tracking. 3 per cent of Headquarters’ budget. The annual grants to the Bermuda Tourism Authority of $22.7 million and Bermuda House of Assembly 978 2 March 2016 Official Hansard Report the Government Golf Courses of $950,000 represent Mr. Chairman, the breakdown of estimates, as 92 per cent and 4 per cent respectively of Headquar- found on pages B-167 to B-171 of the Budget Book, is ters’ budget. Professional Services account for set out under three programmes as follows: $148,000, and Travel Expenses $110,000; each equating to less than 1 per cent of the total 2016/17 Programme 3006—West End (Dockyard) Budget. Thank you, Mr. Chairman. This concludes my Hon. Shawn G. Crockwell: This programme operates brief on Ministry Headquarters, Head 48. in direct support of international shipping calling at Bermuda through: HEAD 30—DEPARTMENT OF MARINE & PORT • The provision of tug services assisting cruise SERVICES ship and cargo ship berthing and unberthing operations; Hon. Shawn G. Crockwell: Mr. Chairman, the De- • Through the maintenance of marked chan- partment of Marine and Port Services is one of the nels, lighthouses and other marine aids to most critical arms of the Government of Bermuda. It navigation; facilitates the movement of shipping commerce in and • Through the operation of a tender service to out of Bermuda’s ports. This is undertaken through cruise vessels and also supports the ferry the provision of marked navigational channels, provi- service in order to reduce operational costs; sion of pilot and tug services, and coordination of and channel and port infrastructure development work to • Through the operation of a marine slipway ensure that the needs of the cruise and cargo ships and maintenance facility support services for are maintained. This is done in collaboration with the the department’s vessels. Ministry of Public Works when and where required. The department is also responsible for the Cost Centre 3006/40040—Navigational Aids coordination of international search and rescue opera- tions in this area of the Atlantic, and oversees seaport Hon. Shawn G. Crockwell: Original allocation for security compliance in accordance with international 2015/16 was $0.706 million. The estimate for 2016/17 standards designed to counter the spread of terrorism is $0.671 million, a decrease of $0.035 million. Full- and the illegal trafficking of narcotics and humans. time equivalents are nine and anticipated revenue is Last year the department responded to over 400 $0.519 million. search and rescue cases both locally and internation- The Aids to Navigation Section maintains ally for both ships and aircraft. some 200 channel markers, the Island’s two light- Mr. Chairman, the department also manages houses, as well as offshore beacons and small boat the allocation of mooring positions to local boats as markers to the international standards. The section well as undertaking the annual registration of private also oversees the operation of a line boat that is used vessels. Additionally, more detailed safety inspections to assist ships berthing at Dockyard, small boat wreck and the licensing of commercial passenger carrying removal around the Island, minor dredging work, and vessels or island boats also occurs annually. It is to be marine oil pollution response when required. noted that there has been an increase in the number Mr. Chairman, in 2015, this section completed of vessels requiring inspections and also the amount the upgrade to the Crescent Beacon in the North of individuals requiring engine driver and pilot’s certifi- Channel which has a weather station in operation for cation. This we believe is as a result of the America’s use of the larger cruise vessels that are entering our Cup activities. The final, perhaps more high profile waters, giving them the most up-to-date information of element of the department’s activities is the operation the weather at this critical turning point of the North of the Sea Express Ferry Service that directly com- Channel for safe navigation. plements public transport services through the effi- Meanwhile, the department will continue to re- cient, mass carriage of local commuters and visitors tire older steel buoys in the Dundonald Channel and Island-wide. the branch off towards Two Rock Passage, using a Mr. Chairman, in keeping with the depart- new SB-1800 maintenance free polyethylene plastic ment’s long-standing mandate on Bermudianisation buoy designed for more protected harbour ap- through succession planning, individuals have been proaches. The department has worked very closely identified with professional development plans in with the Ministry of Public Works with the improve- place to aid their development as ideal replacements ments to the North Channel which will allow the larger for existing contracted expatriate employees at the cruise ships to start visiting Bermuda in May of this end of their contracted term. year. Revenue to pay for this service is generated by The operating budget for the Department of ships paying port dues and light tolls and a lighthouse Marine and Ports Services for 2016/17 is $19,900,000 entrance fee which are estimated at $519,000 for against estimated revenue of $5,551,000. 2016/17. However, due to a planned increase in the fee schedule for seaborne services, we anticipate col- Bermuda House of Assembly Official Hansard Report 2 March 2016 979

lecting revenues of approximately $553,000. There- when cruise ships are at anchor in the Great Sound or fore, some 73 per cent of the cost to provide this ser- Grassy Bay. Ongoing maintenance costs are increas- vice is therefore directly recovered. ing due to the age of this vessel. However, consider- ing the passenger lift capacity of 750 persons against Cost Centre 3006/40140—Tug Service the fuel burnt, this vessel is still economically viable to operate. She will also be critical in providing passen- Hon. Shawn G. Crockwell: Still on [page] B-167, the ger lift for the America’s Cup 2017. original allocation for 2015/16 was $1.471 million. The The tender is also available for hire to the estimate for 2016/17 is $1.348 million, a decrease of general public and is popular for weekend and eve- $123,000, [with] 18 full-time equivalents. Expected ning summer cruises given her 650 recreational pas- revenue is $1.09 million. senger carrying capacity. Mr. Chairman, the tug service provides berth- ing and unberthing ship assistance to international Cost Centre 3006/40260—Dockyard Maintenance shipping calling at our various ports. The threat of an accident resulting in damage to a ship and/or our port Hon. Shawn G. Crockwell: Original allocation for infrastructure and the potential for marine pollution 2015/16 was $2.9 million. The estimate for 2016/17 is requires that at least one tug standby when ships are $2.8 million, a decrease of $63,000. Full-time equiva- manoeuvring in port. Our tugs also provide an off- lents are 25, and anticipated revenue is $19,000. shore towing and salvage rescue capability which re- The Dockyard Maintenance section provides mains important given Bermuda’s isolated geographic mechanical and engineering support to the depart- position in the Atlantic and the potential threat from ment’s vessels. The marine cradle at Dockyard is now passing vessels potentially grounding on our environ- the only slipway of that size remaining in Bermuda mentally sensitive outer reef. making it critical to the department’s needs but also a Mr. Chairman, the department maintains three resource for the largest private vessels operated lo- harbour tugs with the sister tugs, Powerful and Faith- cally that might need to use the cradle for emergency ful, having a bollard pull of 40 tons as well as fire- repairs or scheduled maintenance. Last year we as- fighting, oil dispersant and oil recovery capabilities, sisted two local vessels to undergo much-needed re- while the third tug, Edward M. Stowe, has a lower 32 pairs at no cost to the public purse but instead gener- ton bollard pull and generally serves as a relief tug ating revenue without disrupting the department’s when one of the larger tugs is undergoing mainte- planned operations. nance. The future of the tug fleet remains under re- A cause of concern from a tourism image and view given the age of the individual vessels and po- basic health and safety standpoint is the proximity of tential increases in maintenance costs all balanced the department’s heavy maintenance work in close against the capital investment in new tugs. An addi- proximity to pedestrian and retail activities. The de- tional consideration has also been the relatively low partment’s heavy maintenance is being interrupted bollard pull of all of our tugs compared with the size of under certain wind conditions resulting in work having the larger cruise ships now calling at Bermuda in or- to be done outside of normal working hours and on der to safeguard their berthing and unberthing in ex- weekends. With the South Basin reclamation project treme wind conditions. being well underway to facilitate the America’s Cup Mr. Chairman, with the continuing increase in Village 2017, we expect that this problem will be the size of ships calling and visiting Bermuda, two solved if the maintenance activities of the department modern tractor tugs with a minimum bollard pull of 70 are relocated to an area within the South Basin devel- tons will be required to assist our pilots in the safe opment that has already been identified. manoeuvring of ships visiting Bermuda, especially in inclement weather. Various options are currently be- Programme 3007—Central (Hamilton Office) ing explored so as to provide the best possible solu- Cost Centre 40090—Ferry Service tion to this urgent requirement. Hon. Shawn G. Crockwell: The original allocation for Cost Centre 3006/40210—Tender Service 2015/16 is $7.9 million. The estimate for 2016/17 is $8.4 million, a $502,000 increase. Full-time equiva- Hon. Shawn G. Crockwell: The original allocation for lents are 72. Expected revenue is $1.54 million. 2015/16 was $0.38 million. The estimate for 2016/17 Mr. Chairman, the Sea Express ferry service remains the same. [There are] four full-time equiva- represents a comfortable and efficient means of public lents and the anticipated revenue is $45,000. transport supporting the local commuter and visitor Mr. Chairman, the tender Bermudian is pri- markets. The department continues to operate six marily used to supplement our regular ferry service high-speed catamaran ferries and three harbour fer- during our peak tourism and cruise ship season run- ries with additional ferry lift between Dockyard and ning from April through November. The tender also Hamilton also being provided by the previously men- occasionally transports passengers to and from shore tioned tender, Bermudian. Ferry capacity was further Bermuda House of Assembly 980 2 March 2016 Official Hansard Report bolstered in 2013 by the hire of the 400 passenger ticipated business for the America’s Cup of 2017. This ferry Millennium and this initiative was continued into includes the physical inspection of all passenger- 2015 to assure that cruise ship passenger lift between carrying island boats against an industry Code of Dockyard and St. George’s was assured in order to Practice to ensure that they are fit for passenger car- support businesses in St. George’s. riage. There are approximately 8,500 private boats; Meanwhile, scheduled services between the 5,000 moorings; and 270 commercial, rental and char- West End and Hamilton will occur in much the same ter boats to be processed each year. Additional duties way in 2016 with minor adjustments being undertaken for this section include incident investigation and to optimise ferry departures in line with cruise visitor mooring dispute resolution, inspections of foreshore and local commuter demands. Public transportation is encroachments, management of small boat channels highly subsidised, but wherever possible all efforts are and the processing of applications for commercial op- being made to control costs with an emphasis on erators, as well as moorings, pylons and floating dock overtime reduction and fuel efficiency. As we speak, applications. Responsibility for small boat wreck re- passenger load studies are being undertaken with the moval also falls under this section; however, until view to utilising the Paget/Warwick class harbour fer- there is an allocated budget for this undertaking, the ries to run the Blue West End Route on winter week- section will continue to struggle to deal with this grow- ends as opposed to the fast catamarans subject to ing and pervasive problem. approval. This will result in vast savings as we will The department’s website continues to be well now be burning 24 gallons of fuel per hour as op- received and is still providing a convenient and effi- posed to 110 gallons. cient method of payment for boat and mooring regis- Mr. Chairman, it needs to be stated that to tration. This is evidenced by a noticeable increase in operate within budget a compromise in ferry service users. levels may be required if ridership levels do not im- Mr. Chairman, even though we proposed ad- prove and flexibility in fleet operating methods and vancing the department’s mooring management plan crewing will need to occur. Examples of this include a with the implementation of a mooring licence fee, as- change of work practice involving pilots, crews and sessed by the length of the vessel for which a given mechanical support staff all working a seven day per mooring is designed, we still believe this is a much week roster given the demands imposed on us by more equitable method of calculating mooring fees but cruise ship itineraries and tourist volumes on-Island at we realise it will require greater oversight and man- any given time, at least during the cruise ship sea- agement than we are currently staffed to provide. son—especially during the cruise ship season. In ad- Mr. Chairman, with only two full-time staff dition, a reduction in crew from three to two persons overseeing 5,000 moorings and over 250 charter and on the Paget/Warwick ferry route is imperative to im- rental vessels, the section is understaffed and unable mediate cost savings and without such smaller cost to advance with these and other initiatives. However, saving initiatives occurring, more aggressive changes this will be addressed upon the approval of the re- in other areas may be required. These negotiations vised organisational chart for the Department of Ma- are still ongoing. rine and Port Services. The number of charter vessels The cost of operating this service is estimated is expected to double and even triple in the lead-up to at $8.4 million, with anticipated revenue of $1.7 mil- the America’s Cup 2017. lion. It should be noted that the nature of the bus and ferry ticket, token and pass fare collection system re- Cost Centre 40220—Administration sults in most ferry revenue being collected by the De- partment of Public Transportation as opposed to the Hon. Shawn G. Crockwell: Still on page B-167, the Department of Marine and Ports. original allocation for 2015/16 was $2.1 million. The estimate for 2016/17 remains the same. Full-time Cost Centre 40150—Boat and Mooring Registra- equivalents are eight. Anticipated revenue is $22,000. tion This programme relates to the administrative duties and personnel functions of the entire depart- Hon. Shawn G. Crockwell: The original allocation for ment. Their responsibilities include: 2015/16 was $0.265 million. The estimate for 2016/17 • Staff human resources oversight; is $0.265 million. The full-time equivalents are three. • Department accounting services; Anticipated revenue is $1.42 million. • Administration support relating to shipping Mr. Chairman, the Boat and Mooring Registra- and ferry public transport policy execution; tion Section is staffed by two full-time officers and one • Examination of local pilots and island boats temporary clerk. These three people are responsible operators; for the annual licensing of all private boats, commer- • Inspection and licensing of private boats and cial tour boats and moorings in Bermuda. As men- commercial charter boats; tioned before, there has been an upturn in the amount • Regulating resort diving (SCUBA) operations; of vessels requiring certification as a result of the an- • Allocation and registration of all moorings; Bermuda House of Assembly Official Hansard Report 2 March 2016 981

• Investigation of marine accidents; and taken with the Island’s marine search and rescue re- • Drafting of marine legislation. sponse operations. While the Rescue Coordination Centre is central to any local or international response Programme 3008—East End (Fort George) effort, an interagency collaboration using all available Cost Centre 40100—Maritime Safety and Security marine search and rescue units within Government departments is required when a distress case occurs Hon. Shawn G. Crockwell: The original allocation for and time is short to affect a successful rescue. 2015/16 was $2.1 million. The estimate for 2016/17 is $2 million, a decrease of $103,000. Full-time equiva- Cost Centre 40180—Pilotage Services and Off- lents are 10. shore Search and Rescue Mr. Chairman, services provided by this sec- tion relate to maritime safety and security obligations Hon. Shawn G. Crockwell: The original allocation for under the United Nations Safety of Life at Sea (SO- 2015/16 was $1.81 million. The estimate for 2016/17 LAS) Convention. Such functions are centrally coordi- remains the same. Full-time equivalents are 18. nated from the Bermuda Maritime Operations Centre This service provides pilot services to interna- located at Fort George which operates in direct sup- tional shipping calling at Bermuda thereby ensuring port of various Government agencies with local and that visiting ships are able to safely navigate Ber- overseas marine interests including the Bermuda Po- muda’s narrow channels into port. The service also lice Service, HM Customs, the Bermuda Regiment, facilitates offshore cargo and crew transfers in cases the Department of Environmental Protection, Maritime where a ship that diverts to Bermuda is too deep to Administration, Airport Operations, and Civil Aviation. enter port. Such offshore transfers are particularly The Maritime Operations Centre operates challenging when an injured or sick person must be around the clock with a total staff nine. This facility stretchered off a ship under emergency circumstances provides the functions of a Rescue Coordination Cen- and in bad weather. tre, a Coast Radio Station (known to mariners as Mr. Chairman, Bermuda undertakes responsi- Bermuda Radio) as well as providing Vessel Traffic bility for marine search and rescue response out to a Radar Surveillance and the Registry of Satellite Dis- distance of 30 miles from shore. The pilot service ves- tress Beacons which are fitted on Bermuda registered sels St. David and St. George are the backbone of ships and aircraft operating worldwide. this service together with their three-man boat crews. All vessels calling at Bermuda are scrutinised Rigorous crew training must be undertaken to ensure prior to entry into port and detailed information about that crews are able to safely operate offshore and visiting ships and yachts as well as their voyage his- normally in poor weather conditions. tory is collected for reasons of safety and international Mr. Chairman, projects for 2016 include the seaport security combined with local border security following: concerns. • Continued assistance to the Ministry of Public Mr. Chairman, Bermuda has an aggressive Works in relation to the ongoing channel programme of coastal monitoring that, despite a lack modification options to accommodate larger of costly vessel and aircraft patrol capabilities, has led cruise ships such as the Anthem of The Seas to many successes in collaboration with the Bermuda with the dredging and re-alignment of the Police Service and HM Customs and the Government North Channel that was undertaken. A final continues to invest in maritime safety and security simulation study will be carried out in Balti- th measures in line with recommendations contained more, USA, on 6 March 2016, for the new within the National Security Review. buoy placement due to the re-alignment of the Cruise and cargo dock seaport security channel. measures are also the responsibility of this section • Continued progression of the night pilotage and the designation of Restricted Areas around such initiative to potentially allow cargo ships to en- port facilities requires a mix of physical security ter and depart port at night is ongoing. equipment and contractual oversight of private secu- rity personnel in order to fulfil international port secu- Mr. Chairman, while no channel modification rity obligations. work was required to accommodate the Breakaway, Specialist technical support of coastal surveil- certain risks during periods of high crosswinds during lance radar equipment, X-ray baggage screening transits of the North Channel do remain for many of equipment, metal detectors and CCTV equipment the largest ships already calling at our shores. The covering port areas is all undertaken in-house by benefits from wider, deeper channels will definitively highly trained personnel within this section. mitigate the threat of manoeuvring errors resulting in Mr. Chairman, in a small country such as grounding that might possibly cause ship damage and Bermuda, specialist capabilities must always be potential widespread environmental impacts from pol- shared in the public interest and nowhere is this better lution. Such channel work will also open the door to a demonstrated than with the collaborative approach night pilotage option for various classes of smaller Bermuda House of Assembly 982 2 March 2016 Official Hansard Report cargo ship and possibly even cruise ships that are and the introduction of a second daily flight out of New presently limited to arriving and departing via the York’s JFK Airport for the winter of 2016. channels during daylight hours only. I would like to commend the BTA and the General Manager of the Department of Airport Opera- [Mrs. Suzann Roberts-Holshouser, Chairman] tions and, of course, my Permanent Secretary (who is here) for the hard work in securing those services. Hon. Shawn G. Crockwell: Thank you, Madam Chairman, and welcome. Operation and Maintenance and Airside Service That concludes the brief for the Department of Marine and Port Services. Hon. Shawn G. Crockwell: Madam Chairman, in De- cember 2013, the DAO entered into an agreement HEAD 31—DEPARTMENT OF AIRPORT OPERA- with Boeing Digital Aviation, a business division of TIONS aviation giants, Boeing, to study the management and further modernisation of Bermuda’s airspace. The Hon. Shawn G. Crockwell: Moving now to Head 31, study, completed in August 2014, outlined a multi-year Department of Airport Operations. plan that would see Bermuda collaborating with the Madam Chairman, the L. F. Wade Interna- U.S. Federal Aviation Administration (FAA) to become tional Airport has continued with improvements to a certified Air Navigation Service Provider (ANSP). various areas of the terminal facility, its aerodrome This certification would allow Bermuda to expand its and airfield infrastructure, its surveillance radar and area of airspace for air traffic control management other navigational aid systems. These ongoing im- services from its present five-mile radius, out to 50 provements are necessary in order to maintain Ber- miles and potentially even out further at a later stage. muda’s compliance with local and international avia- Madam Chairman, an important part of this tion regulatory requirements as well as providing the study identified opportunities to accelerate the already highest level of safety and security for the travelling advanced Bermuda airspace and air traffic manage- public. ment system by developing Performance Based Navi- Madam Chairman, in August 2015, the Cana- gation (PBN) procedures for arriving and departing air dian Commercial Corporation (CCC), a Crown com- traffic into the long range en route air traffic environ- pany of the Canadian Government, and the Govern- ment. At this time, Bermuda and the FAA are working ment of Bermuda signed a binding Airport Develop- closely to bring these new procedures into existence ment Agreement (ADA) that seeks to build upon the with hopes of completing design and coordination in airport’s initial master planning process and deliver a the coming year. world class, signature airport terminal building through The great benefit of these PBN arrivals and a Public Private Partner initiative, known as P3. departures procedures is that modern private aircraft The ADA shall guide the content and settle- and commercial airlines will get to realise greater effi- ment of definitive and final transaction agreements for ciencies and improved operational safety. Additionally, the project, each of which shall contain additional and of equal importance, the implementation of PBN terms and conditions that are generally consistent with would allow Bermuda to strategically provide space- and comparable to, similar airport concession transac- based or satellite navigation position updates as an tions and other capital infrastructure projects. additional contingency plan if ground-based naviga- Madam Chairman, the success of the airport tional facilities were found to be unavailable for any redevelopment project will be driven by the immediate reason. As noted in the Boeing report, many ad- and legacy impacts on air services that both the 2017 vanced types of commercial and private aircraft flying America’s Cup and the completion of several new ho- to Bermuda will be able to optimise their in-flight navi- tel development projects are expected to bring to frui- gational performance capabilities when traversing tion. In the interim, however, the airport continues to through Bermuda’s airspace. safeguard the Island’s scheduled air services despite Madam Chairman, financial year 2016/17 will challenges. Whilst the tourism sector shows signs of see the continuation of Phase II of the Visual Slope encouragement, the overall total number of air pas- Segment Penetration (VSSP) project which calls for sengers has softened year over year in part, as a re- the installation of additional airfield lighting; the com- sult of the declining number of Bermudian residents, pletion of Geotechnical and Environmental Impact particularly in our visitors, friends and family. This re- Reviews; safety enhancements to the Aerodrome; and duced demand has led to airlines having to adjust its the installation of Approach Lighting Barrettes on winter schedules in order to ensure the year-round Runway 30 at the Clearwater end of the airfield. The financial viability of its air services to Bermuda. How- public shall recall that in December 2013, the airport ever, despite the reduced winter schedules by some completed the first phase of the VSSP capital im- airlines, the airport has been successful in ensuring provement project in order to comply with new Inter- the return of the United Airlines service out of Newark national Civil Aviation Organisation (ICAO) regulations that require arriving aircraft to increase their descent Bermuda House of Assembly Official Hansard Report 2 March 2016 983 angle when on final approach over Ferry Reach, in Airport Security and Flight Safety order to ensure that the approach path is free of newly-defined, land-based obstacles. To accommo- Hon. Shawn G. Crockwell: Madam Chairman, the date the new approach angle; the runway threshold, Government continues to take its responsibility seri- lighting systems and runway markings had to be re- ously in ensuring the safety and security of airport positioned; runway centre line lighting was installed; agencies and the travelling public. As such, the regu- instrument approach procedures were amended; and latory criteria for maintaining the integrity of the secu- precision approach path indicator lights were recali- rity gates, fence line, airport baggage and passenger brated. screening processes; and the coastal boundaries; are Madam Chairman, according to international continually being met or improved upon through the weather minimal criteria set by ICAO and the FAA, training of our service provider personnel. Revised completion of the first phase of the VSSP project now documents this year included a new Airport Security ensures that the L. F. Wade International Airport is Programme (ASP) and revised Standard Operation equipped with the necessary lighting and navigational Procedures (SOP) for passenger and baggage aid equipment essential for a full Category 1 Ap- screening. Both have been approved for use by the proach. Prior to the completion of the upgrades, our Air Safety Support International (ASSI), our UK regu- navigational aids and minimal lighting capability dic- lator for aviation security. tated that an arriving aircraft would have to circle until Madam Chairman, as world events have visibility on the approach improved to at least 1,200 shown, the safety and security of aircraft and passen- metres. With the new runway centre line lighting, air- gers continues to be of paramount importance to In- craft can now safely land at our airport with visibility as ternational Aviation and Airport Security Regulators. In low as 800 metres, which represents the type of con- April 2015, ASSI conducted an inspection and audit of ditions one could expect during a heavy downpour, as the L. F. Wade International Airport. In response to an example. the findings outlined in the report, the DAO imple- Madam Chairman, in 2015, the airport under- mented further access control points in order to suc- took jointly with the FAA, the restoration of the VHF cessfully establish a redefined Security Restricted Omni-directional Radio (VOR) system at a cost of Area (SRA). nearly $1 million, 25 per cent of which the DAO will be Finally, an Emergency Disaster Exercise was responsible for as a part of its cost-sharing agreement conducted in December 2015 to test Bermuda’s state with the FAA. The VOR is a ground-based naviga- of readiness and response capacity in case of an tional facility used by aircraft to provide navigational aviation disaster. Several agencies participated in this and positioning information whilst in-flight, based on widely collaborative exercise, including persons from radio signals being transmitted to the aircraft. This the King Edward Memorial Hospital, the Bermuda Fire navigational facility is one of several capabilities avail- and Rescue Service, Police, and the Bermuda Red able for aircraft to make visual reference to the in- Cross. Additionally, the exercise was viewed by a re- tended runway for landing during adverse weather or cord number of International Observers from Austra- periods of low visibility. It was constructed in 1986 on lia, Canada, the United States and the UK. The DAO, the southern shoreline of the airfield and has since with assistance from the Police Service, is presently been besieged by the corrosive effects of the salty compiling the findings of the exercise for various marine air and, as such, is in need of repair. The con- agencies to act on in order to improve upon Ber- struction phase commenced in January 2016 and is muda’s overall emergency response capabilities. expected to be completed and fully operational by July 2016, following a complete airborne evaluation of sig- Terminal Building and Properties nal requirements. Madam Chairman, the airport continues to Hon. Shawn G. Crockwell: Madam Chairman, de- partner with the FAA in order to further integrate state- spite economic challenges, the DAO continues to find of-the-art global satellite-based technology as part of creative ways to engage the private sector in investing the next generation programme entitled NextGen—a in the overall improvement of the L. F. Wade Interna- comprehensive initiative designed by the FAA to up- tional Airport terminal facility. Most recently, the DAO date its highly complex air traffic control system. This entered into a contract with “Look Bermuda” to curate programme will enhance safety and improve fuel effi- and install art inside the terminal building at no cost to ciency; reduce environmental impact noise and emis- the Government. To date, two curated art exhibitions sions; and expand operational efficiency and the rate have been mounted in the airport art gallery. Addition- of flight arrivals and departures. These deliverables ally the “Airport Art” project calls for the installation of will be met through the introduction of PBN enhance- large scale art installations throughout the terminal in ments, as already discussed, and with the introduction order to help enhance the travellers’ experience and of new surveillance technology in support of air traffic their first and last impressions of the Island. The pho- control. tography highlights Bermuda’s natural and cultural assets by showcasing the biodiversity of the Nonsuch Bermuda House of Assembly 984 2 March 2016 Official Hansard Report

Island Nature Reserve and its surrounding waters. place with frequent flyers and is an essential feature The Nonsuch Island sponsored art installation has of customer service at airports. The Passenger Secu- received much commendation and has instantly rity application will deliver these passenger verifica- brightened up public areas within the terminal build- tions by using real-time information presented in the ings. existing common use platform. An additional $1 mil- Madam Chairman, the DAO has made avail- lion has been allocated to provide funding for Mini- able to the airlines and departing passengers, six mum Revenue Guarantees with airlines. common use kiosks that will enable self-check in for Programme. Air Terminal Operations in- our travellers. Additionally, the kiosks will enable self- volves management of all aspects of the air terminal bag tagging for those travelling on the six airline carri- and its outlying buildings. These facets include: rental ers that currently subscribe to the service. management and other revenue generating opportuni- ties, and salaries for traffic officers and terminals Department of Airport Operations management. Financial Summary Madam Chairman, the following three cost centres—Air Traffic Control; Meteorology, and Ground Hon. Shawn G. Crockwell: Madam Chairman, the Electronics; and part of Maintenance and Engineering Department of Airport Operations has been allocated cost represents Air Operations and Infrastructure an Operating and Maintenance (O&M) budget of maintenance that are under contract with a Service $19,959,000 under the Medium Term Expenditure Provider. Plan for the Fiscal Year 2016/17. An additional $1,000,000 has been allocated for the minimum reve- Cost Centre 41060—Air Traffic Control nue guarantee with our airline partners. The budget overall has increased by approximately $628,000 Hon. Shawn G. Crockwell: The original allocation for compared to the original allocation of 2015/16. 2015/16 was $838,000. The 2016/17 estimate is The change highlighted above is spread over $1.014 million, an increase of $176,000. the following programmes: This cost centre provides for the Air Opera- tions and Infrastructure Maintenance Service Contract Cost Centre 3101/41010—Baggage Handling and has no DAO full-time employees. The increase in budget is distribution amongst the four cost centres Hon. Shawn G. Crockwell: This is on B-172 to B- that account for this service. 175. The original allocation for 2015/16 was $0.263 Air Traffic Control directs the flow of aircraft million. That remains the same for 2016/17. Fulltime on the ground and within the Bermuda airspace. equivalents are five. The cost centre has remained unchanged. Cost Centre 41070—Meteorology This programme is responsible for baggage handling. The costs associated with this cost centre are primar- Hon. Shawn G. Crockwell: The original allocation for ily wages of the skycaps baggage services to our ar- 2015/16 was $1.85 million. The estimate for 2016/17 riving and departing passengers. is $2.4 million, an increase of $55,000. This cost centre provides for the Air Opera- Cost Centre 40140—Safety and Quality tions and Infrastructure Service Contract and has no DAO full-time employees. The increase in vote budget Hon. Shawn G. Crockwell: The original allocation for is due to a redistribution of budget amongst the four 2015/16 was $530,000. The estimate for 2016/17 is cost centres that account for this service. now $522,000, an $8,000 decrease. Full-time equiva- Meteorology provides weather services, as lents are eight. you will know, Madam Chairman, via the Bermuda The costs associated with this cost centre rep- Weather Service for the airport, the Emergency resent the salaries of the Safety and Quality Manager Measures Organisation and the Island at large. and the five Airport Duty Officers. Cost Centre 41090—Ground Electronic Services Cost Centre 41050—Air Terminal Hon. Shawn G. Crockwell: The original allocation for Hon. Shawn G. Crockwell: The original allocation for 2015/16 was $1.075 million. The estimate for 2016/17 2015/16 was $2.09 million. The estimate for 2016/17 is $1.1 million, a $30,000 increase. is $3.1 million, an increase of $1 million. Full-time This cost centre provides for the Air Opera- equivalents are eight. tions and Infrastructure Maintenance Service Contract This increase is to fund the implementation of and has no DAO full-time employees. The cost centre passenger security computer hardware and software. also provides ground electronic services support and Speedy self-service such as printing boarding passes maintains airport equipment from airfield navigational at home and utilising mobile devices is now common- aids to parking machines. The increase is due to a Bermuda House of Assembly Official Hansard Report 2 March 2016 985 small increase in budget amongst the four cost cen- HEAD 34—TRANSPORT AND CONTROL DE- tres that account for this service. PARTMENT

Cost Centre 41160—Airside Operations Hon. Shawn G. Crockwell: Madam Chairman, the Transport Control Department (TCD), administers the Hon. Shawn G. Crockwell: The original allocation for operation of all vehicles on the roads of Bermuda. The 2015/16 was $476,000. The estimate for 2016/17 is department monitors and regulates the size, function- $409,000, a $67,000 decrease. Full-time equivalents ality, physical condition and quantity of all vehicles by are two. carrying out the following activities: Airside operations ensure compliance with in- 1. Overseeing the management of the Vehicle ternational airport regulations pertaining to the aprons, Safety and Emissions Inspection Programme; runway, taxiways, airfield lighting, navigational aid 2. Administering the registration and licensing of equipment, minimum obstacle clearance and air traffic all vehicles; control. This decreased allocation is due to the reduc- 3. Executing the examination, registration and li- tion in spending with overseas consultants. censing of all drivers; Cost Centre 41210—Security 4. Regulating traffic by monitoring drivers and vehicles; and Hon. Shawn G. Crockwell: The original allocation for 5. Implementing road safety programmes. 2015/16 was $4.8 million. The estimate for 2016/17 is the same. Full-time equivalents are two. Periodically, the department inspects public This programme ensures the safety and secu- garages, filling stations and cycle liveries to ensure rity of the airport, its passengers and staff along with compliance with permits. TCD issues special permits, baggage and passenger screening. such as: one day permits, which allow one to drive an unlicensed motor vehicle upon application for the Cost Centre 41150—Maintenance and Engineering same; and Sunday permits for commercial vehicles. Madam Chairman, our Ministry is well aware Hon. Shawn G. Crockwell: Still on pages B-172 to B- that significant portions of the Motor Car Act are 175, the original allocation for 2015/16 was $3.3 mil- somewhat dated; therefore, the department will con- lion. The estimate for 2016/17 is $2.2 million, a de- tinue with their review of the Motor Car Act 1951 in an crease of $1.1 million. Full-time equivalents are 12. effort to move us closer to meeting the needs of the Madam Chairman, this cost centre provides twenty-first century road user. Some of the other for [the] Air Operations and Infrastructure Mainte- planned projects and initiatives that involve TCD for nance service contract and also the airport terminal’s the financial year were highlighted in the Throne maintenance and employees. It is anticipated that with Speech and they include: an incoming new Service Provider, Air Operations and • Centralise Dispatching for the Taxi Industry. Infrastructure service contract cost will reduce and TCD will work closely with the local dispatching com- any saving realised will offset any unforeseen over- panies and key stakeholders to create a centralised spend in budget. dispatching system that will utilise modern technology. Maintenance and Engineering also manage We consider central dispatching utilising an integrated and support the airport runways, taxiways and aprons; system as an important element in support of the revi- the terminal building facilities including plumbing, elec- talisation of the tourism industry. Some of the benefits trical, and mechanical services. include: improved response time to request for ser- vice; the ability to utilise modern mobile devices to Cost Centre 41190—Finance and Administration book and confirm service; and provide a platform to expand the range of services and payment methods. Hon. Shawn G. Crockwell: The original 2015/16 • Update the National Transportation Plan. budget was $4.07 million. That remains the same for Madam Chairman, the National Transportation Plan is 2016/17. Full-time equivalents are seven. over 10 years old with many of the recommendations This programme, the Finance and Administra- having already been implemented and some recom- tion provides budgeting preparation and implementa- mendations remaining outstanding. The review will be tion; financial recording and control of expenditure; undertaken to determine the usefulness and appropri- billings and revenue collection of $18 million in aero- ateness of the outstanding recommendations for im- nautical and non-aeronautical revenue; and human plementation, and to assess and determine the suc- resource and administrative support services for the cess of the policies and initiatives that have been im- Department of Airport Operations. plemented with recommendations for improvement. Madam Chairman, this concludes my remarks on the Department of Airport Operations. Financial Summary

Bermuda House of Assembly 986 2 March 2016 Official Hansard Report

Hon. Shawn G. Crockwell: Madam Chairman, the with three Registration Clerks continuing to be sec- Transport Control Department has been allocated a onded to the Administration Section to assist in fulfill- total expenditure budget of $5.35 million for the ing duties and responsibilities within this section. 2016/17 financial year. This is an increase of $148,000 from 2015/16. Salaries and wages totalling Cost Centre 44090—Road Safety $2.41 million make up 45 per cent of the total depart- ment budget, which was a decrease of $50,000. It is Hon. Shawn G. Crockwell: The original allocation for anticipated that in 2016/17, the department will collect 2015/16 is $0.148 million. The estimate for 2016/17 is $28 million in revenue. This is an increase of the same, $148,000. Full-time equivalents are one. $817,000. It should be noted that this amount does The Road Safety Council grant will remain at not include revenues generated by the department $10,500. through traffic violation notices which are collected by Madam Chairman, the goal of the Road and managed through the courts. Safety Programme is to promote road safety aware- The estimate of expenditures is shown on ness through education, training and public events. page B-179. With the current grant allocation to the Road Safety Council, the Council will continue its awareness pro- Cost Centre 44000—Examination gramme but on a smaller scale, taking advantage of publicity opportunities and any initiative that does not Hon. Shawn G. Crockwell: The original allocation for require financial resources. Financial resources will be 2015/16 was $0.63 million. The estimate for 2016/17 allocated to the Bermuda Day media campaign, the is $0.55 million; a decrease of $77,000 million . . . Cup Match campaign, and the Christmas and New looks like. I will take a look at that. Full-time equiva- Year’s campaign. The remainder of the budget will be lents are seven. utilised throughout the year for necessary and imme- Madam Chairman, the functions of the Ex- diate promotions, when required. The council will also amination Section are carried out by seven staff work very closely with the business community to so- members: Manager of Technical Services, one Acting licit their support and sponsorship with the awareness Senior Examiner, four Examiners and one Trucks and educational campaigns throughout the year. Clerk. Due to the Voluntary Early Retirement Incentive I would like to note, Madam Chairman, that I Plan (VERIP), the Senior Examiner post and one Ex- have appointed a new chairperson for the Road aminer post are frozen for two years and one year, Safety Council, Mrs. Erica Rance Mill, who is a very respectively. highly energised individual and insurance executive The Examination team is responsible for au- who has a passion for road safety matters. I worked diting and oversight of the vehicle safety and emis- with her for many years in politics and she quite often sions inspection programme as well as administering calls me in relation to road safety matters. She sat on all driving and riding tests to certify that applicants can our Working Group and made a good contribution and competently operate vehicles on Bermuda’s roads. I am very pleased that she has accepted the very dif- The examiners are also responsible for writing-off pri- ficult task of Chairing the Road Safety Council. She is vate cars prior to their disposal. This assists the de- replacing the outgoing Chairman Dr. Carlton Crock- partment in maintaining the accuracy of the motor ve- well, who is my cousin, and has been on the Council hicle register. for five years. Let me state that I did not appoint him, but I think that he was a good appointment, Madam Cost Centre 44040—Registration Chairman, and he has given a good service. And I wish him well. Hon. Shawn G. Crockwell: The original allocation for Madam Chairman, the Road Safety Council 2015/16 was $0.8 million. The estimate for 2016/17 is also advises the Minister on transport matters pertain- $0.76 million, a $44,000 decrease. Full-time equiva- ing to road safety and devises strategies and pro- lents are 13. grammes to address prominent problems. Reporting Madam Chairman, the Registrations Section directly to the Minister of Transport, the Council also is responsible for: registering and licensing all vehi- coordinates the Project Ride Programme. cles; licensing all persons who operate vehicles; col- The functions of the road safety programmes lecting revenue for all transactions conducted within are administered through the Road Safety Officer. the department; and maintaining the motor vehicle And Madam Chairman, I want to just highlight register. because the Honourable Shadow Minister for Trans- The functions of the Registrations Section port last week on another debate was quite critical of have historically been performed by fifteen staff mem- the budgetary allocation in relation to Road Safety and bers, including: one Manager, one Registrations Offi- went down to the granular level of saying how much cer, one Assistant Registrations Officer, and twelve this Government cares about our road safety. I raise Clerks. Due to attrition and early retirements the work this because, as you will know Madam Chairman, we of this section is now performed by twelve employees suffered our second road fatality this week. And this Bermuda House of Assembly Official Hansard Report 2 March 2016 987

one hit home because the young man is a very close friends—we all have a role to play. And so I would just friend of the family. He is my niece’s first cousin. His encourage everyone to consistently remind our young aunt was married to my brother and as a result of that people and everyone on our roads, It is not worth it, union the families were very, very close. you will get there, take your time. And I think that if we So when I learned of the passing, it was ex- can all continue to do that we should see some im- tremely hard and difficult news. A very lovely young provement. man—Ezra—and Honourable Members may know But let me say that despite the budget, the that he was a skilled motocross rider, competing quite new chairperson has made a commitment to raise a bit. In fact, that whole family . . . the uncle, Reggie private funds to help support some of the marketing Matthie, is an accomplished motocross rider. initiatives that her Council will be pursuing. You know, no matter how good you are on a Cost Centre 44110—Traffic Control bike, particularly on Bermuda’s roads, one mistake, one miscalculation, if you are going at high speeds, Hon. Shawn G. Crockwell: The original allocation for Madam Chairman, it could be tragic. And the last time 2015/16 was $0.529 million. The estimate for 2016/17 I saw him was at my niece’s wedding last year. He is $0.593 million, a $64,000 increase. Full-time was one of five boys and all the boys were very gre- equivalents are nine. garious, they are a lot of fun. They were out on the Madam Chairman, the Traffic Control Section dance floor dancing with their grandmother and hav- is responsible for the management and enforcement ing a good old time. And I would say to myself at of traffic; issuing permits for the movement of over- home when we talk about road safety and road fatali- sized containers, heavy loads, and unlicensed vehi- ties and budgets and all of that, had I been mindful cles; and approving casual Sunday permits. The traffic enough to say to all of the young people that were officers also work closely with the Bermuda Police there, Take your time. Do not speed. It is not worth Service as a support unit in traffic enforcement. it—then, who knows what that comment could have There are nine positions in the Traffic Section: resulted in. one Senior Traffic Officer and eight Traffic Enforce- I have a son who likes speed, Madam Chair- ment Officers. One of the Traffic Enforcement Officers man, and who I am often telling to slow down. has been seconded to fulfil the role of a Special Inves- It is not about money. If you look at the budg- tigations Officer within the Administration and the Sen- ets we have allocated over the years, particularly the ior Traffic Officer post and one Traffic Enforcement last 15 years, I find it very interesting the highest Officer post are currently vacant. The reduction in budget we spent was in 2009 and it was $157,000. staffing levels has adversely affected revenue oppor- But in that year—2009—we had 13 road fatalities. The tunities as the department’s resources available for next year we spent $148,000 and we had 13 road fa- issuing summonses for both moving and parking of- talities. You go down to 2014 . . . sorry, if you go way fences remains down by two officers. Therefore, the back to 2002, we spent $63,000 and we only had two department will be seeking approval to recruit to fill road fatalities—the least we have ever had. But the these important positions. In particular, the Senior very next year we spent less—$53,000—and we had Traffic Officer is the key officer responsible for imple- 10 road fatalities. menting the directives and decisions of the Public The numbers, if you take them at aggregate, Service Vehicles Licensing Board, which includes any round up to about 12 a year. But there is no rhyme or and all matters pertaining to public service vehicles— rhythm to why they fluctuate the way that they do. In purchasing, transferring, licensing, et cetera. 2013 we spent $73,000 and there were 16 road fatali- The TCD Traffic Enforcement Officers are de- ties. And last year we only spent $11,000 and we had ployed on street patrols. They also monitor the Elec- 6—10 less—but substantially less in terms of the tronic Vehicle Registration System to ensure all vehi- spend. cles operating on Bermuda’s roads are duly insured So yes, we have to spend on educating our and licensed. They are responsible for ticketing aban- road users and we have to support the police because doned vehicles and moving abandoned cycles and I believe that the Police Service has a very compre- other vehicles from public lands. hensive road safety strategy which they launched last To ensure that visitors receive a first-class year. And I think that has played a significant role in transportation experience, Traffic Enforcement Offi- some of the reductions that we have seen, not just in cers are also responsible for maintaining the orderly road fatalities, but in overall collisions. But there are flow of public service vehicles at Bermuda’s ports of way too many still. And we support the police in their entry. efforts. The Officers of the Transport Section also But I want to say that it is not about money, it work closely with the Public Service Vehicle Licensing is about us. Every politician has a role to play in keep- Board and the Trucks Advisory Committee to monitor ing the message at the forefront about using care and and enforce the use of Public Service and Commer- attention on our roads. Our teachers have a role to cial Vehicles, respectively. These bodies deliberate on play, our church leaders have a role to play, family, the issuance of associated permits to those persons Bermuda House of Assembly 988 2 March 2016 Official Hansard Report operating vehicles, such as, trucks, community ser- like to say that the staff go about their business in a vice vehicles, taxis, limousines and tractor trailers. very professional way, and I want to extend my grati- tude to them. Cost Centre 44210—Administration Now that concludes the brief for the Transport Control Department. Hon. Shawn G. Crockwell: The original allocation for 2015/16 was $3.094 million. The estimate for 2016/17 HEAD 35—DEPARTMENT OF PUBLIC TRANSPO- is $3.299 million, a variance of $0.205 million, which is RATION an increase. The full-time equivalents are nine. Madam Chairman, the Administration Section Hon. Shawn G. Crockwell: Madam Chairman, the is responsible for the overall operation and administra- Department of Public Transportation (DPT) provides tion of the Transport Control Department. There are an Island-wide bus operation that includes scheduled nine positions in the Administration Section, which school bus, charter, and sightseeing services. Unlike are: the Director, the Administration Services Man- most jurisdictions, DPT provides these services along ager, the Director’s Assistant, the Accounts Adminis- with the delivery of specialised shuttles and supervi- trative Officer, the Accounts Clerk, a Secre- sory services which have been a niche that many tary/Receptionist, a Switchboard Operator, a Cus- event planners have come to rely on. tomer Service Representative, and a Receptionist This wide range of services is currently being Clerk. The three posts that are filled with secondees provided with a fleet of 111 buses that has a weighted from the Registration Section are: the Accounts Clerk, average age of 10.2 years. Whilst this is an increase the Secretary/Receptionist, and the Switchboard Op- from last year’s age of 9.3, and the department has erator. four new buses on order which would bring the Many of the costs associated with the func- weighted average age down to 9.86. In addition, the tioning of the department, such as: staff training costs, bus replacement plan includes the purchase of seven supplies, support services, communication charges, new buses that will assist in providing additional ser- repair and maintenance, the management of the vices during the America’s Cup in June 2017. At the safety and emissions program utilities, and office sup- conclusion of the America’s Cup, the new buses will plies are consolidated under the Administration cost become replacement buses, benefitting the depart- centre. ment in lowering the weighted average age of the Madam Chairman, 41 per cent or $2.2 million fleet. The purchase of the recent buses sparked much account for professional services including: the man- interest as they were more energy efficient, comfort- agement of the safety and emissions programme as able and aesthetically pleasing as well as the fact that well as IT support for the eTCD, the Driver and Vehi- they were all equipped with cameras for safety pur- cle Registration System (DVRS), the Appointment poses. Management System (AMS) and the Electronic Vehi- The estimates of expenditure can be found on cle Registration System (EVR). All of which are critical pages B-183 to B-187. to ensuring smooth operations and excellent customer service. 45000—Auxiliary Bus Services Madam Chairman, over the last six years the Transport Control Department was recognised for im- Hon. Shawn G. Crockwell: The original allocation for proved customer service; especially, short transaction 2015/16 was $0.19 million. The estimate for 2016/17 times of five to 10 minutes. Budgetary cuts in the last is $0.138 million, a $52,000 decrease. Full-time three years have resulted in longer waits for licensing equivalents are two. and registration transactions and some delays in The budget allocated is for the funding of two processing commercial and public service vehicle ap- employees. The budget and full-time equivalents have plications. Despite these challenges, TCD will be mak- decreased by one employee as a result of the Volun- ing every effort to maintain satisfactory service levels. tary Early Retirement Incentive Plan (VERIP) retire- Despite the shortages and challenges, the ment. staff members of the Transport Control Department apply a valiant effort to customer service and for that I 45010—Bus Operations would like to take this opportunity to express my sin- cere appreciation to all of them. Hon. Shawn G. Crockwell: The original allocation for If you would come down there, Madam 2015/16 was $9.5 million. The estimate for 2016/17 is Chairman, when it is time for trucks to be licensed . . . $9.7 million, a variance of a $21,000 increase. The and normally every month there are various times full-time equivalents are 163. when you have deadlines, whether it is cycles or other Bus Operations is the core of the Department vehicles, you can find lines that are there, the volume of Public Transportation’s enterprise which employs of people that are coming through, people obviously 163 staff. In providing the manpower for scheduled want to get things done in an expeditious way. I would and unscheduled operations, sightseeing and charter Bermuda House of Assembly Official Hansard Report 2 March 2016 989 services, and special events transportation, this sec- totals 111 buses and approximately 10 auxiliary vehi- tion has a more diverse portfolio than most providers cles. The average age of the buses in the fleet is 10.2 of its kind. years, significantly higher than the ideal of less than The 2015/16 budget and allocated manpower seven years. were inadequate to fund the required operations and Madam Chairman, during 2015 the depart- staff levels necessary to satisfy the current schedule, ment had the assistance of a technician from MAN the grey schedule and other events, resulting in a pro- who has assisted them greatly. While on-Island the jected cost overrun for the year. With the introduction technician willingly passed on valuable knowledge to of a new schedule along with the marginal increase in our DPT staff. During this year, DPT will continue staff and resources, we expect the cost of providing sponsoring the technical development of three Ber- these services to be within the allocated budget. mudians via a cooperative arrangement with the Na- Madam Chairman, there should have been tional Training Board. raucous stomping of the feet after that comment. I am It has been a formidable task to attract candi- not sure how many Honourable Members are paying dates that possess the required qualifications and ex- attention, but as you would know, we have . . . I said perience for the positions of Assistant Director [of] that with the introduction of a new schedule along with Maintenance and Maintenance Manager. Conse- the marginal increase in staff and resources we ex- quently, we have hired a local consultant who was the pect the cost of providing these services to be within previous Maintenance Manager to assist in the in- the budget. And I am referring to the fact that this terim. As a result, the maintenance schedule has Government—and when I say “Government” I mean been implemented as well as iMaint software pur- successive Governments, the Government of Ber- chased. Staff members are receiving training and this muda—has been in negotiations for over 10 years to will assist greatly in the maintenance and manage- get to a new bus schedule. ment of the bus fleet. And I am very pleased to say, with the coop- Madam Chairman, this section also has re- eration and hard work of the Ministry, the Permanent sponsibility for minor repairs to DPT facilities which Secretary Mr. Francis Richardson, and the Bermuda are currently in need of substantial repair and refur- Industrial Union, we have been able to come up with a bishment after damages sustained in the hurricanes schedule—a new schedule—that all parties are happy that devastated the Island in October 2014. With Pub- with. And so after many years of trying, we are very lic Works leading the charge, this repair work is al- proud that we have gotten there and hopefully this will most complete. benefit our finances going forward. Cost Centre 45115—Inventory Management [Desk thumping] Hon. Shawn G. Crockwell: The original allocation for Hon. Shawn G. Crockwell: Thank you, Honourable 2015/16 was $1.1 million. The estimate for 2016/17 is Members. $1.9 million, a variance of $0.82 million increase. The I woke them up, Madam Chairman. full-time equivalents are three. The increase in budget is attributable to an Cost Centre 45090—Repair Services increased in the Purchase of Inventory budget. The Store Manager position remains frozen. Hon. Shawn G. Crockwell: The original allocation for Madam Chairman, the Stores/Spare Parts 2015/16 was $4.6 million. That amount remains the Section’s main responsibility is to supply the Mainte- same for this year. The full-time equivalents are 43. nance section with tires, consumables and service While the budget has remained the same in parts on a timely basis to repair and maintain the bus 2016/17, there are adjustments within this cost centre fleet. The increased Purchase of Inventory budget will to facilitate a necessary increased funding for fuel in facilitate a more robust Preventative Maintenance order to meet the service level of the fleet with offset- programme and more timely repairs and maintenance ting cost attributed to a decrease in employee costs of the fleet. and repairs and maintenance of equipment. Madam Chairman, the Repair Services Sec- Cost Centre 45120—Administration Section tion is responsible for the maintenance and repair of the department’s buses and vehicles. This section is Hon. Shawn G. Crockwell: The original allocation for also responsible for the fuelling of other Government 2015/16 was $1.9 million. The estimate for 2016/17 vehicles, the cleaning of the buses and for carrying remains the same, $1.9 million. The full-time equiva- out a preventative maintenance programme. The pre- lents are three. ventative maintenance programme is an integral part The Administration Section is responsible for of this section as this programme is responsible for the overall administration of the department and the ensuring that the out-of-service vehicles are kept to a Administration Section budget covers utilities such as minimum. The fleet for which they are responsible electricity and communications inclusive of telephone Bermuda House of Assembly 990 2 March 2016 Official Hansard Report and Internet charges. Fleet insurance, GPS fleet tation of the budget and programmes for these two management, local training, print production costs, departments. fare media, security, cleaning services, consultant and Madam Chairman, if analysing DMA and DCA contractor costs, and general office supplies are cap- from a public policy perspective, it is evident both do tured under this section. not deliver services or programmes, such as health care, to the wider public. The recipients of their ser- Cost Centre 45200—Management Support Section vices are in international jurisdictions. Their mandate is to administer the Bermuda Shipping and Aircraft Hon. Shawn G. Crockwell: The original allocation for registries which generate revenue for government, 2015/16 was $0.724 million. The estimate for thus providing financial resources to deliver public [2016/17] is $0.803 million, a $79,000 increase. The services or programmes. Understanding the public full-time equivalents are 12. policy position also provides insight into the root The Management Support section provides cause of the operating challenges both departments support services to the Director, Assistant Director experience when forced to work within a government and other management level staff. In addition, the structure that provides limited support for their busi- section provides services including human re- ness model, which I may add is very competitive. sources/personnel, payroll, accounts payable, ac- The frustration is equally experienced by sup- counts receivable, banking, cashiering, revenue col- porting government departments, such as the De- lection and recording, and other support services. The partment of Human Resources, as they are chal- increase in budget is attributable to personnel lenged in providing the level of support the depart- changes including funding of the Assistant Office ments require to remain competitive. Public policy, like Manager post. legislation and regulation, is another critical point that Revenue for 2016/17, page B-184, is esti- requires due diligence when considering a new oper- mated to be $8.8 million. DPT will continue to sell ad- ating model for a government department. vertising on the back windows of the buses as an op- Madam Chairman, with Cabinet approval, portunity to expand revenues. over the past 10 months, the Management Consulting The overall Department of Transportation ex- Section (MCS), within the Cabinet Office, has been penditure budget for 2016/17 is $19.2 million, an in- working with the Ministry of Tourism Development and crease of 6.4 per cent from 2015/16. Transport (MTD&T), and with the DMA and DCA Di- Capital Replacement: Buses. This can be rectors to develop a more efficient operating model for found on page C-11. each department. Evidence shows that the current Madam Chairman, in fiscal year 2016/17, DPT operating model is inefficient both for the government has been allocated $2.5 million in capital funding to and for those respective departments. Inefficiencies purchase replacement buses. With the amount allot- such as restrictive government processes which are ted, and considering the current EU/USD exchange not beneficial to the nature of their business, and lim- rate, we are hoping to purchase approximately seven ited ability to attract and recruit highly technical re- buses which will reduce the weighted age of the over- sources in a reasonable time frame with competitive all bus fleet. DPT is also working with the Office of market remuneration, are only two examples, but im- Project Management and Procurement to assist with portant ones. the process of purchasing new buses as the present Additionally, the current model constrains both MAN buses, currently in the fleet, may not be avail- departments ability to meet their statutory obligations, able in the future due to the limitations of available international compliances and to compete globally. chassis that comply with the current specifications. Finally, outward facing departments such as DMA and Discussions are also taking place with local distribu- DCA, require highly efficient processes and proce- tors. dures equivalent to a private sector business envi- Thank you, Madam Chairman. That concludes ronment to be competitive, meet industry standards, my remarks on the Department of Public Transporta- and provide excellent client service. tion. Madam Chairman, Cabinet approval provided the Ministry of Tourism Development and Transport Preamble to Presentations for the Department of the authority to advance the transitioning of the De- Civil Aviation and Maritime Administration partment of Maritime Administration (DMA) to that of a Bermuda Shipping Authority and the Department of Hon. Shawn G. Crockwell: Madam Chairman, during Civil Aviation (DCA) to that of a Bermuda Civil Avia- the Minister of Finance’s budget presentation, it was tion Authority; and Cabinet also authorised the Minis- stated that the Departments of Maritime Administra- ter of Tourism Development and Transport to proceed tion (DMA) and Civil Aviation (DCA) will be transition- with the formation of a transition team. ing from government departments to Authorities or The DMA/DCA Transition Steering Commit- quangos. Therefore, it will be beneficial to provide the tee, known as the Transition Team, has been in effect rationale for this decision as a preamble to my presen- since 1 April, 2015. Over the course of fiscal year Bermuda House of Assembly Official Hansard Report 2 March 2016 991

2015/16, planning and conversion efforts have been muda. This includes all matters relating to the licens- performed with the intent to transition both DMA and ing, certification and regulation of aircraft, flight crews DCA to independent Authorities in the 2016/17 Finan- and aerodromes, together with all air navigation ser- cial Year. Accomplishments to date include the devel- vices aspects and the regulatory oversight of the L. F. opment of financial models for each Authority, a gov- Wade International Airport. The department further ernance framework established, consultations with advises the Government on matters relating to the staff and the Bermuda Public Service Union, the de- economic regulation of air transport and air services velopment of a Draft Employee Transition Handbook development. In this activity, the department works and the identification of a shared service model. The closely with the UK Department for Transport. next step is to commence the development of the Madam Chairman, the Bermuda Register of enabling legislation to enable the establishment of the Aircraft continues to enjoy a high reputation interna- Bermuda Shipping Authority and the Bermuda Civil tionally as a safe, well-regulated register. Approxi- Aviation Authority, which is well under way. mately 762 aircraft are now registered (down from 773 Madam Chairman, the research and devel- last year and up from 703 the year before). The major- opment process of a new operating model for the de- ity of these aircraft are operated by Russian airlines partments took into consideration best practices in and with the Russian economy in a downturn we have models from other jurisdictions, the SAGE Commis- seen a slowdown in growth over the last year in this sion’s recommendations, United Kingdom legislation sector. Registrations in the private category aircraft and regulations, public policy, as well as other vari- have stabilised over the last year. However, with a ables such as governance, financial sustainability, continued increase in competition with other jurisdic- operations, organisation structure, staffing, Govern- tions, we must remain nimble and vigilant. Whilst ment oversight and revenue for the Consolidated Bermuda’s excellent credibility and high standards of Fund. The research concluded that the best model for regulation are highly regarded in the offshore aircraft the Bermuda Government to consider for DMA and registry industry, we must continue to invest in and DCA is a quasi-autonomous model or Authority support the department to maintain these along with Model. This Model is funded by services provided and the vital revenue stream. not controlled directly by central Government and its Companies or private individuals seeking to systems. register their aircraft have many registers worldwide to Madam Chairman, there has been consulta- choose from and we are mindful of this competition. tion with local and international stakeholders of both We are confident that there are a variety of benefits DMA and DCA advising the stakeholders of the Minis- which point to Bermuda as the jurisdiction of choice try of Tourism Development and Transport plan to for the registration and financing of aircraft, including transition the departments to semi-autonomous Au- the following: thorities. The stakeholders include the Governor, For- • Tax advantages for incorporating in Bermuda; eign and Commonwealth Office (FCO), Maritime • Highly respected legal system which permits a Coastguard Agency (MCA), Air Safety Support Inter- right of appeal to the Judicial Committee of national (ASSI), regulatory agencies, shipowners, air- the Privy Council; craft owners, leasing companies and local law firms. • The ability for international companies to deal Stakeholder feedback has been extremely in various currencies; positive and there is a collective view that the new • High standards of regulatory oversight; Authorities utilising the strategic relationships with ex- • Preservation of high residual values for air- isting stakeholders and other rifle shot entities on a craft registered in Bermuda; global basis has the potential to provide the govern- • Highly qualified and commercially-minded ment with significant revenues over time without any personnel; cost to pay. In addition, it has the potential to parlay • Acceptance of internationally recognised air- the success of the registries into a vibrant local global worthiness and operational standards of other shipping and aircraft industry by encouraging and in- jurisdictions; centivising owners to have a physical presence on the • VP-B and VQ-B, are low profile registration Island. marks, representing the designated letters for Madam Chairman, I will now present the De- Bermuda registered aircraft; partment of Civil Aviation budget, which is Head 57. • The full range of supporting professional advi-

sors that Bermuda offers such as legal, ac- HEAD 57—DEPARTMENT OF CIVIL AVIATION counting, managerial and operational re-

quirements associated with aircraft registra- Hon. Shawn G. Crockwell: Madam Chairman, the tion and financing; and Department of Civil Aviation continues to maintain and • develop the Bermuda Register of Aircraft. The de- Register of Aircraft Mortgages and Aircraft partment is also responsible for the development of Engine Mortgages available to facilitate the policy and regulation of civil aviation activities in Ber- registration of security interests of these mo- bile assets. Bermuda House of Assembly 992 2 March 2016 Official Hansard Report

net income will be paid into the Government’s Con- Madam Chairman, the department’s specific solidated Fund. responsibilities include the following: Madam Chairman, the revenue budget for the Aviation Safety: This encompasses the air- Department of Civil Aviation for the Financial Year worthiness and operational safety of aircraft registered 2016/17 estimates are $17 million. The revenue in Bermuda, including the licensing of flight crews and represents the net income to be transferred to the aircraft engineers and the certification of the aircraft. Consolidated Fund from the department resulting from The department further licenses Bermuda’s Air Traffic operations. Controllers and regularly undertakes safety audits of The department’s budget is set out under four the Department of Airport Operations for compliance cost centres, Airworthiness, Policy and Administration, with international standards at the L. F. Wade Interna- Operations and Registrations. tional Airport. The areas audited include Air Traffic Control, Airport Rescue and Fire Fighting Services, Cost Centre 67000—Airworthiness Meteorology and Ground Electronics. Inspections are also carried out on airlines operating to Bermuda to Hon. Shawn G. Crockwell: The original allocation for ensure compliance with safety standards including the 2015/16 was $5.1 million. In 2016/17, as stated ear- carriage of dangerous goods. The DCA is also re- lier, there is no allocation due to the transition. We sponsible, under the Governor's delegation, for ensur- expect revenue of $17 million. ing that search and rescue services are provided. This Madam Chairman, the Airworthiness cost cen- requires periodic assessments of the Bermuda Mari- tre includes all regulatory functions related to the in- time Operations Rescue Control Centre. spection of private and commercial transport opera- Systems and processes continue to be re- tions, Aircraft Maintenance Engineer Licences, Aircraft viewed and updated or revised to make the depart- Maintenance Organisations and Continuing Airworthi- ment more effective and user-friendly whilst enhanc- ness Maintenance Organisations for compliance with ing efficiency. safety standards. This section is also responsible for Aviation Security: Madam Chairman, The assessing foreign National Aviation Authorities in UK Department for Transport (DfT) transferred the whose states and under whose control, Bermuda reg- responsibility for aviation security oversight in the istered aircraft operate. Overseas Territories to Air Safety Support Interna- The revenue represents the amount of reve- tional (ASSI) effective 1 April 2015. nue from operations to be contributed to the Consoli- Madam Chairman, the Current Account Esti- dated Fund during 2016/17 as an Authority. mates can be found on pages B-188 to B-190. As previously stated, it is the intention of the Govern- Cost Centre 67010—Policy Administration ment, to have the Bermuda Civil Aviation Authority established and functioning during this financial year. Hon. Shawn G. Crockwell: In 2015/16 it was $2.69 Therefore, during the preparation of this 2016/17 million, again, no allocation for this financial year due Budget due consideration has been given to the im- to the transition. pending establishment of the Authority. Accordingly, Mr. Speaker, this cost centre, Policy and Ad- this budget has been prepared taking into account the ministration, relates to the administrative duties of the new business and financial model of the Authority so department which includes finance and accounting, that the necessary funding could be considered for the office management and all the services to keep the new Authority, to commence its operations and to be department functioning. able to continue its operations and to build up a re- serve, and a sufficient cash flow. Cost Centre 67020—Operations It is the intention of the Government to provide the new Authority the necessary funding to cover the Hon. Shawn G. Crockwell: One million dollars in start-up expenses and six months operational budget 2015/16, transitioning there will be no estimate for this to enable a smooth transition from DCA to the new year. Authority. Government will provide this initial funding This cost centre regulates and inspects pri- as an interest free loan to be paid at regular intervals vate and commercial transport operations, including as stated in the Financial Model that has the approval flight crews, for compliance with safety standards, of the Cabinet. Therefore, you will note there is no conducts assessments of foreign National Aviation estimated expenditure for the department. In addition Authorities in whose states and under whose control, to the loan repayment, the financial model also pro- Bermuda registered aircraft operate; regulates and vide for regular contributions to be made to the Gov- conducts oversight of the L. F. Wade International ernment’s Consolidated Fund starting from year one. Airport for compliance with international standards of The financial forecast indicates that the loan safety. payment will be completed by the end of year five of the BSA operations and from there onwards the total Cost Centre 67030—Registrations Bermuda House of Assembly Official Hansard Report 2 March 2016 993

• Registration of ships; Hon. Shawn G. Crockwell: The original allocation for • Safety of life at sea; 2015/16 was $189,000. Nothing due to the transition. • Prevention and control of marine pollution; Madam Chairman, this cost centre, Registra- • Maritime security; tions, relates to administration and management of • Standards of seafarers; the Bermuda Aircraft Register, promoting the contin- • Seafarers documentation; ued growth and establishing new markets for the Air- • Providing expert advice to maritime industry. craft Register. Also included is the administration and

promotion of the Bermuda Register of Aircraft and While some of the local shipping related func- Aircraft Engine mortgages. tions are delegated to other national authorities in Madam Chairman, in summary, the Depart- Bermuda, DMA remains responsible for the safety, ment of Civil Aviation is considered an outward facing pollution prevention, standards of seafarers and mari- department within the Government of Bermuda’s time security relating to foreign vessels arriving in structure. Its clients are external to Government and it Bermuda waters, under the relevant International must comply with international regulations, conven- Maritime Conventions to which Bermuda is a signa- tions and standards, in order to offer aircraft registra- tory. tion and related business services. The department With coming into force of the recently intro- continues to strive for the highest standards of safety duced IMO Maritime Code in 2016, entitled; IMO In- regulatory oversight. Resource restrictions, especially struments Implementation Code which is also known financial, are challenging to this department given the as the “Triple I Code” or (III Code), DMA is additionally need for it to operate in a rigid international regulatory responsible for assisting and ensuring that Bermuda environment with standards and conventions that complies with the requirements of the said III Code, as must be complied with. a “flag State,” a “port State” and a “coastal State” as The change to an Authority during 2016 will defined in the United Nations Convention on the Law enable the Bermuda Civil Aviation Authority to func- of the Sea, 1982 (UNCLOS 1982). tion as a business entity which will ensure efficiencies Madam Chairman, Bermuda’s Shipping Reg- and enable the Authority to operate as a strong global istry has been in existence for nearly 300 years serv- competitor. This will in turn improve customer service ing Bermuda shipowners and eligible overseas shi- and increase revenue for the Government. powners. It is a leading International Shipping Regis- Continued resource expansion is critical for ter, and a British Red Ensign Group (REG) Category the department in order to maintain safety, meet the One (Cat 1) Shipping Registry which can register objectives of the business plan, remain competitive ships of any tonnage, size or type with no restrictions with other jurisdictions and, most importantly, sustain on the age of the vessels. Bermuda registered ships compliance with the International Civil Aviation Or- fly the British Red Ensign, and comply with the provi- ganisation standards and recommended practices. sions of the relevant international maritime conven- In order to ensure appropriate safety regula- tions and treaties. tory oversight is being conducted in accordance with The Bermuda Shipping Registry is interna- international regulations, and maintain this vital reve- tionally recognised as a modern, reputable, quality nue stream to Bermuda, the Ministry will continue to and user-friendly shipping register. Currently, Ber- support the Department of Civil Aviation as an Author- muda Registry comprise of ships of all types, that in- ity. clude state-of-the-art large passenger ships, gas Madam Chairman, this concludes my remarks tankers, oil tankers, chemical tankers, bulk carriers, on the Department of Civil Aviation. container ships, large offshore support vessels, off- shore accommodation platforms, oil drilling vessels, HEAD 73—DEPARTMENT OF MARITIME ADMINI- Floating Production Storage and Offloading vessels

STRATION (FPSOs), and private and commercial yachts. The Department of Maritime Administration administers Madam Chairman, the Hon. Shawn G. Crockwell: this large sophisticated fleet of ships through its head- budget for Head 73, can be found on pages B-191 to quarters in Hamilton, and its satellite office estab- B-193 of the Budget Book. lished in London and a network of Bermuda appointed Madam Chairman, the Department of Mari- marine surveyors, auditors and inspectors strategi- time Administration (DMA) is committed to providing cally located at important ports around the world. the highest safety and quality standards for its Regis- Overview of Expenditure can be found on try of Shipping. The department’s mandate is to en- pages B-186 to B-188. sure there is effective control over administrative, Madam Chairman, during the preparation of technical and social standards of seafarers for ships this 2016/17 Budget, due consideration has been on the register, in accordance with Bermuda's interna- given to the impending establishment of DMA as an tional obligations. Authority and accordingly this budget has been pre- The remit of the DMA are as follows: pared taking into account the new business and finan- Bermuda House of Assembly 994 2 March 2016 Official Hansard Report cial model of the Authority so that the necessary fund- muda. The ship will be required to comply with the ing could be considered for the new Authority, to Bermuda maritime rules and regulations relating to commence its operations and to be able to continue maritime safety, pollution prevention, maritime secu- its operations and to build up a reserve, and a suffi- rity, seafarer’s standards, crimes at sea, private law cient cash flow. It is the intention of the Government to provisions, et cetera. provide the new Authority the necessary funding to Once the ship is de-registered from the Ber- cover the start-up expenses and six months opera- muda Shipping Register, it loses the Bermudian na- tional budget to enable a smooth transition from DMA tionality, and Bermuda’s responsibilities for that ship to new Authority. Government will provide this initial cease from that instant. It is also important to note that funding as an interest free loan to be paid at regular Bermuda Administration can reject any ship from reg- intervals as stated in the Financial Model that has the istering in Bermuda if it is deemed unsuitable. Simi- approval of Cabinet. Therefore, you will note there is larly, a ship on the register may be removed, if it is no estimated expenditure for the department. deemed unsuitable or unsafe to remain in the Regis- In addition to the loan repayment the financial ter. model also provides for regular contributions to be Madam Chairman, in International Maritime made to the Government’s Consolidated Fund starting Conventions the term “administration” is defined as from the year of inception. The financial forecast indi- “the Government of the State whose flag the ship is cates that the loan payment will be completed by the entitled to fly.” In Bermuda, at present, the Depart- end of year five of the Authority’s operations and from ment of Maritime Administration (DMA) is the entity there onwards the total net income will be paid into empowered under the provisions of the Merchant the Government’s Consolidated Fund. Shipping Act 2002, to discharge the responsibilities of the Bermuda Government as the “flag State” for the Cost Centre 83000—Registration of Ships Bermuda registered ships. After the transition of DMA to the new Authority, it will operate under the same Hon. Shawn G. Crockwell: The original allocation in Merchant Shipping Act 2002, which will be amended 2015/16 was $2.4 million. As stated there will be no to include the changes relating to the establishment of allocation for this year. The full-time equivalents are the new Bermuda Shipping Authority. Notwithstanding 18. Revenue is expected to be $500,000. the changes made to the structure of the Maritime Madam Chairman, the registration of ships is Administration, the “general responsibility” for the op- the central function of the Department of Maritime eration of the Authority will continue to be vested in Administration. The Registration division is managed the Minister responsible for shipping in Bermuda. by the Registrar of Shipping assisted by two Assistant The Authority will continue to discharge its Registrars and other members of the team. In order to flag State functions and will ensure that ships which facilitate ship registration in global time, with no time are registered under the Bermuda flag, meet the rele- boundaries, the registration service is made available vant requirements of the Bermuda national maritime to our national and international customers over 360 laws, and the International Maritime Conventions days of the year, on a 24-hour basis. which are extended to Bermuda by the United King- While ship registration service facilitates Ber- dom. The compliance with the required statutory stan- muda shipowners to register their ships under their dards is verified by appropriately qualified and experi- national flag, it also earns substantial revenue to Ber- enced Bermuda marine surveyors, by conducting muda in many ways. Every ship registered in Ber- technical surveys and inspections on ships, and audit- muda is owned by a company registered in Bermuda, ing the operational and safety management systems or there is a registered local entity representing that maintained by the shipowners and managers who op- ship in Bermuda. Registrar of Companies, local law erate these ships. By this statutory auditing process, firms and banks provide the legal, corporate, financial the Administration ensures that not only the ships, but and administrative support for registration of compa- also the owners and managers have the know-how, nies, ships and mortgages for which substantial fees the technical and financial resources, and appropri- are charged, and taxes are paid. ately qualified, experienced personnel in their man- A number of ship-owning or managing com- agement, to enable operation of their ships to relevant panies operate their ships from Bermuda employing a international safety standards. The ship Survey and number local Bermudians. Inspection division of the Authority will consist of the Madam Chairman, by registration, a ship ac- Chief Marine Surveyor and four marine surveyors and quires the Nationality of a State and becomes entitled three Technical Officers resident in Bermuda, and four to fly the flag of that State. This concept is enshrined Marine Surveyors working from the UK and a number in the United Nations Law of the Sea Convention 1982 of ad hoc consultant surveyors engaged as and when (UNCLOS 1982). Bermuda is a Party to this Conven- necessary. All costs involved with these survey and tion through the United Kingdom (UK). When a ship is audit functions are recovered from the shipowners in registered in Bermuda it acquires the Bermudian na- full. tionality and she comes under the jurisdiction of Ber- Bermuda House of Assembly Official Hansard Report 2 March 2016 995

Revenue stipulated in the international conventions developed by the International Maritime Organisation (IMO) and Hon. Shawn G. Crockwell: Revenue can be found International Labour Organisation (ILO). In order to on page B-188. Madam Chairman, the revenue is pro- maintain the required standards, the maritime admini- jected at $5,200,000, consisting of: Shipping registra- stration must undertake regular technical surveys, tion fees of $186,000; service fees of $1,401,000; an- audits, and safety inspections on ships on the register, nual tonnage fees of $2,603,000; and survey fees of and issue statutory certificates. Equally, in order to $1,500,000. The revenue projections are based maintain the quality and standards, it is also the re- largely on current trends. sponsibility of the DMA surveyors to impose sanctions Madam Chairman, the revenue collected is if deemed necessary, on Bermuda ships, shipowners, based on the Merchant Shipping (Fees) Regulations and managers who fail to comply with the Bermuda 2012. These fees are comparable to fees charged by laws and regulations. most of the other international registers. DMA con- DMA has in its Bermuda Office a team of ap- ducts regular analysis to monitor the trends in the fee propriately qualified and dedicated ship surveyors structure in the market place to keep up to date with comprising of: one Chief Surveyor, one Engineer Sur- the changes. It is the intention of the new Authority to veyor, one Nautical Surveyor, and two Naval Architect revise the fee structure taking into account the evolv- Surveyors. This technical team is supported by the ing changes to the shipping market with the resur- Registrar of Shipping, ISO Quality Manager, an Assis- gence of the world economy. tant Registrar, three Technical Officers, two Clerical Madam Chairman, last year I reported that Officers, and a Receptionist. A notable feature of the DMA took the initiative to open a satellite office in the DMA operations is that the technical officers and cleri- UK and to employ four marine surveyors to operate cal officers are cross-trained to be able multitask so from the UK. I am happy to inform you that the DMA’s that the delivery of services is optimised to our cus- satellite office is functioning very satisfactorily to the tomers. benefit of our clients, mainly in the United Kingdom Madam Chairman, Bermuda is a Category 1, and Europe, and now is expanding to the Middle and member of the British Red Ensign Group (REG) of Far East. With this initiative DMA has been able to Shipping Registers comprising UK, Isle of Man, Gi- reduce the cost of our services to the shipowners braltar, the Cayman Islands, and the British Virgin Is- substantially by eliminating the airfares and travel time lands. cost which we charge to the shipowner. Today, in a In order to understand clearly how the British very competitive market, any cost savings will assist in Shipping Registry works, it is necessary to clarify the reducing the operational costs to the DMA, and a relationship of an OT register with the UK Govern- great benefit to shipowners in saving time and money, ment. Shipping registries of the UK Overseas Territo- that will eventually make our shipping registry more ries and Crown Dependencies operate under the Mer- attractive to shipowners and operators. chant Shipping (Categorisation of Registries of Rele- Madam Chairman, shipping is an international vant British Possessions) Order 2003, as amended in service industry and its economic and financial condi- 2008. This Order is implemented by the UK Maritime tions are dependent upon the performance of the pri- and Coastguard Agency (MCA) in consultation with mary industries and the vagaries of the global eco- the UK Department for Transport. nomic conditions. After years of stagnation, positive Under this Order, the UK Secretary of State signs of recovery are noted and the order books of the has oversight of the Overseas Territory shipping regis- shipyards for new ship constructions are full. DMA has ters. The Governor of the Territory acts on behalf of been fortunate enough to gain some benefits of the the Secretary of State UK, through the Foreign and global economic recovery, in that 24 brand-new large Commonwealth Office (FCO) for the oversight of the tankers and bulk carriers totalling to a gross tonnage Shipping Register. In order to meet its responsibility, of 585,000 joined the Registry. There are six more the Department for Transport (DfT) carries out moni- new gas carriers and four bulk carriers to be delivered toring visits to Overseas Territories’ shipping registries during the next six to eight months. In order to facili- at four yearly intervals on behalf of the Secretary of tate the registration of these ships, a number of new State. companies were also registered in Bermuda providing Madam Chairman, the Isle of Man, Bermuda additional revenue to Government’s coffers. and the Cayman Islands have similar tonnage and Madam Chairman, the mandate for Bermuda ship types, but Bermuda has the lion’s share of pas- to operate an International Shipping Register is senger ships and gas tankers. As opposed to cargo granted by the UK as the signatory to the International ships, passenger ships must be surveyed annually Maritime Conventions to which Bermuda has become and these surveys must be conducted by Bermuda a “Party” through the United Kingdom. Ships engaged Administration surveyors and cannot be delegated to in international voyages are required to maintain classification societies. Therefore, it is important that safety, pollution prevention, maritime security, and Bermuda Administration has in its employment a suffi- seafarer’s working and living conditions on ships as cient number of appropriately qualified headquarters Bermuda House of Assembly 996 2 March 2016 Official Hansard Report surveyors to meet the survey requirements of the 3,000 Seaman’s Identification Cards and 2,000 Sea- whole Bermuda fleet. man’s Discharge Books have been issued. Substan- Madam Chairman, as you may be aware, tial revenue is earned by the DMA in issuing these Bermuda Maritime Administration was under the focus documents. of the UK Government since 2012 after its Monitoring Madam Chairman, you will be pleased to Visit. During that monitoring visit, serious deficiencies know I am coming to a close shortly. I am most relating to the required technical resources, especially pleased. the Surveyor requirements and lack of important mari- Madam Chairman, as I bring my presentation time legislation, were identified, and this resulted in to a close I wish to highlight the following major the UK Government imposing sanctions on the Regis- achievements: ter from further expansion and growth. A comprehen- 1. Further stabilisation of the DMA’s perform- sive stabilisation programme was put in place to ad- ance following the lifting of sanctions by the UK Au- dress the above concerns that included recruitment of thorities. a Chief Surveyor, six Marine Surveyors, additional 2. With the recruitment of the required number of support staff, and a review of the shipping legislation. surveyors and technical staff and providing the neces- On satisfactory completion of stabilisation in 2014, the sary training, DMA was successful in “insourcing” a MCA conducted a further verification and the sanc- substantial number of statutory surveys and inspec- tions, I am pleased to report and as you know, were tions which had been previously “outsourced” to clas- lifted. However, it must be stressed the Bermuda reg- sification societies and contract surveyors. This stra- istry suffered two years of “zero growth” and lost a tegic measure has helped DMA to earn substantial number of potential clients due to above sanctions revenues that was previously earned by the contrac- being imposed (those sanctions in 2012). tors to whom these surveys had been outsourced. Madam Chairman, the registry currently has Also, this strategy will strengthen the DMA’s position 166 ships on its books. There are 28 passenger ships; and reputation as a credible and dependable Admini- 54 gas tankers; 16 oil tankers; 21 chemical tankers; stration among the shipping community. 12 bulk carriers; 14 container ships; and another 21 3. The DMA’s satellite office in UK has extended other types of ships. The gross tonnage of the com- its services beyond the UK and European waters to bined fleet is approximately 12 million, with a net ton- the Middle East and Far East areas in a modest way, nage of just under 6 million. The number of yachts on and this is being further developed to include other the register is 231 that comprise of 11 large commer- areas in the future. cial yachts and 220 pleasure yachts. These have a 4. Bermuda hosted the 2015 Red Ensign Group gross tonnage of 58,000, and a net tonnage of Conference which was attended by the members of 19,000. the Shipping Registries of the UK, Overseas Territo- Madam Chairman, during early 2015/16 the ries, and Crown Dependencies. The plenary sessions global economy was still stagnant; however, towards were co-chaired by the MCA and the DMA. In addition the end of the year, signs of recovery were apparent, to Red Ensign Group member representatives, some but being a service industry the real effect of the re- of the sessions were opened to other Government covery on shipping will lag behind the primary indus- departments and industry partners to get an opportu- tries. There are encouraging signs that the shipbuild- nity to understand the REG shipping policy-making ing industry is gearing up for producing more ships. process. The conference was declared a great suc- However, the current downturn in the price of crude oil cess where all important matters were deliberated and combined with the lifting of trade sanctions on the Re- policies were made. public of Iran that will result in more oil coming into the 5. DMA attended the bi-annual shipping market, will confuse the demand for oil tankers, at conference, “London Shipping Week,” in September least in the short term. Therefore, any forecast for the 2015. This is one of the biggest shipping conferences future tanker market will need to be conservative. in the world where all interested parties from the However, Bermuda will benefit from the new construc- shipping industry, shipowners, shipbuilders, bankers, tions for which the owners have already made firm maritime lawyers, registry officials, et cetera, get an arrangements for registration with Bermuda. On the opportunity to meet and have discussions on maritime other hand, Bermuda lost eight bulk carriers which issues. The RED Ensign Group collectively held a had reached the end of their economic life and were reception for the shipowners and shipping industry sold by the owners for scrapping. representative in London. The London Office of the Due to the refugee crisis in Europe, the mari- Bermuda Government was the leading organiser of time security and surveillance on board ships have the reception, on behalf of the DMA, and I had the been tightened, and all crew members are now re- opportunity to attend the conference and meet with quired to carry Seaman’s Identification Cards (IDC) the leading players of the shipping industry, as well as and Seaman’s Discharge Books (SDB). DMA has put the Minister of Shipping UK who was very in place appropriate measures to cope-up with the appreciative of the efforts taken by the REG members demand for these documents, and up to now over to promote the British shipping registries. DMA also Bermuda House of Assembly Official Hansard Report 2 March 2016 997

attended the Cannes Yachting Festival 2015, along The Chairman: We continue in Committee of Supply, with representatives from Gibraltar, Isle of Man, and Estimates and Revenue of Expenditure for Jersey. Transportation and Tourism. 6. With the assistance of the Attorney General's I recognise the Shadow Minister . . . I would Chambers the DMA was able to have enacted certain also like to remind you that this debate concludes at important merchant shipping legislation relating to 7:45 this evening. marine pollution and load lines that had remained I call on the Member from constituency 24, Mr. outstanding for a long period. W. L. A. Scott. You have the floor. PLANS FOR THE UPCOMING YEAR Mr. W. Lawrence Scott: Thank you, Madam Hon. Shawn G. Crockwell: Madam Chairman, It is Chairman. expected that most of the time end efforts of the new Given the time, it looks like I will not have any Authority during the 2016/17 year will be spent on: extra time for my signature introductions that I know 1. Stabilising the new Authority, strengthening that this House so loves— existing and building new relationships in preparation for future growth; The Chairman: But you have made a specific 2. Continue to implement the ISO 9002:2008 request— Quality Management System as the operational stan- dard for the BSA; Mr. W. Lawrence Scott: Yes, I have made a request 3. Liaise with the Bermuda Business that we sort of debate everything Head by Head, and Development Agency and the industry partners to with that it would take a little bit of extra time. promote the Shipping Registry; What I was going to do was touch on several 4. Continue with the programme for the different topics, such as boating licensing, implementation of the IMO III Code requirements in modernisation of bus ridership, Bluetooth legislation; liaison with other stakeholders in preparation for the the ability to pay for your car licensing ahead of time; mandatory IMO audit concerning the performance of the ability to pay fines and taxes when relicensing your the Bermuda Administration as a “flag State,” “coastal vehicle; having a car licence vehicle decrease as the State,” and a “port State.” age of cars increase, and also I wanted to talk about the Government’s plan to implement rental cars. But Madam Chairman, this concludes my given the time and with this new format that I would like presentation on the Department of Maritime to try . . . I actually just wanted to focus more so on the Administration, Head 73, and it concludes my airport redevelopment and road safety. If we do have presentation on all of the debated Heads today. time after that, I will probably go into those additional I would like to take this opportunity, Madam topics. I just wanted to make sure that that was okay. Chairman, to acknowledge and thank the Department Heads. I believe all of them are present today. Marine The Chairman: That is fine as long as you make it and Ports, Mr. Richard Russell; Airport Operations, Mr. clear which Head you are in. Aaron Adderley; TCD, Mr. Charles Brown; the DPT, Mr. Stephen Outerbridge; DMA, Captain Pat [Nawaratne], Mr. W. Lawrence Scott: Sure, no problem. and the DCA, Mr. Thomas Dunston. I would also like to I will start with Head 31. acknowledge the presence of the Junior Minister, Senator Vic Ball; and my Permanent Secretary, Mr. The Chairman: Let me just make sure. Are there any Francis Richardson. objections to that request? Thank you. There are no objections.

The Chairman: Thank you very much, Minister. Mr. W. Lawrence Scott: I will start with Head 31, which will be Airport Operations. ANNOUNCEMENT BY THE CHAIRMAN The first thing that I want to talk about would be the reduction and elimination of the departure tax HOUSE VISITOR for (1) in the interest of attracting more business to the Island because as you know that we have increased The Chairman: Again, I would like to reiterate and the departure tax by 80 per cent. This Government recognise the presence within the Chambers of increased the departure tax from $43.25 to $78.25 Senator Ball. Welcome. and, Madam Chairman, as you will probably be aware, there have been airline representatives that [Committee of Supply on Estimates of Revenue and have said time and time again that the airlines as a Expenditure for the year 2016/17 continuing] whole—

Bermuda House of Assembly 998 2 March 2016 Official Hansard Report

The Chairman: Member, as we go along, not only are Mr. W. Lawrence Scott: I am just giving some back- we dealing with the Head—you just mentioned Head ground to the departure tax. 31—if you can help me out with the line that you are on. The Chairman: I know. But that was at the Estimate— that was held the other day, the general. What we are Mr. W. Lawrence Scott: Okay, no problem. Right now looking at is for you to more elaborate on specific lines what I will be doing with Head 31, which is Airport Op- and ask questions. I am just trying to help. erations. I am going to be talking about Airside Opera- Mr. W. Lawrence Scott: Yes, no problem, but in order tions, which would be 41160. for the question to be taken in proper context, I have to give some background. The Chairman: Thank you. In order to make us competitive, Cuba is com- ing online with 110 flights a day. We do 10 flights a day. Mr. W. Lawrence Scott: Airside Operations being air- So the airlines would be very pressed to allocate craft (what we are doing is talking about) . . . actually, equipment, time and routing to Cuba versus to Ber- Madam Chairman, I think it might be a little more ad- muda, so we have to be very competitive. vantageous and a little more direct and succinct if I was What our other competition to the south are to actually (and I will take your guidance on this) to go starting to do is look at ways of lowering their departure to Head 38, line item 8051, on page B-105 and that is tax in order to make sure that they are as attractive as Airport Departure Tax. So just so you see the correla- possible to all the airlines to bring their tourists in. tion, Madam Chairman. That is what I am talking I am aware that we are actually giving ap- about— proximately . . . [in] 2014, the numbers that I get are that we gave approximately $2.7 million in revenue The Chairman: That will help. guarantees out and, once again, just to declare my interests, in my other life I do work with an airline. So I Mr. W. Lawrence Scott: Okay. understand the importance of revenue guarantees —for us to talk about getting rid of the airport and the sensitivity of that nature. I am just giving out departure tax on B-105, line item 8051. the general numbers, but also the numbers that have The airlines had representatives go out and come to me, or that I have realised is that in 2015, we talk at different international conferences about how are looking at giving away close to $4 million in reve- they are no longer looking at expanding or introducing nue guarantees to the airlines. service into jurisdictions that have a high tax barrier or The way that I look at actually helping to re- a high departure tax. duce that, Madam Chairman— They have also . . . and I will go back. The rea- son that we have a departure tax (which, as I said be- POINT OF ORDER fore, was increased from $43.25 to $78.25) . . . now a part of that has to do with the new airport redevelop- Hon. Shawn G. Crockwell: Point of order, Madam ment which I will get into a little bit later. What also Chairman. happens is that it is not just this $78 that the airlines are looking at. On top of the $78 the airlines could see in The Chairman: Your point of order? the Caribbean region (which is what we fall under- neath) is that they could get easily hit with an additional Hon. Shawn G. Crockwell: I believe I heard the $150 in taxes which they would have to put on top of Honourable Member say that he understands that we the ticket. So now that is revenue that they are losing would be paying $4 million in MRGs, and if that is out on and for us that makes us less competitive in the what he said that is incorrect. This year it will be close global market or the tourism industry. to $2.5 million. What I am suggesting is that we take what the airline representatives and the airlines as a whole have The Chairman: Thank you. been saying for a little while now, which is, instead of giving away revenue guarantees, to look at actually the Mr. W. Lawrence Scott: Okay, Madam Chairman, I way that we structure our departure tax. Once again, will defer to the Minister as he would have the actual the reason that this is becoming so important is that numbers. within the next year or so, within 2016 and most likely What I am proposing is that instead of us definitely by 2017, Cuba is going to come online, and charging the $78.25 in departure tax to these airlines when they come online they will be coming online with what we would do is actually, and, just once again— approximately 110 flights a day. Now, for us— The Chairman: But Member, I just want to . . . I hate to be interrupting you and taking away your time, but The Chairman: Member, I am just— Head 38, the Office of the Tax Commissioner, is not up for debate today. So while you touched lightly, and Bermuda House of Assembly Official Hansard Report 2 March 2016 999

I allowed you to do that because you are trying to ex- That is something that I will say troubles me plain where you are going, it is under a different Head because I would just like the Minister to—and I will and we have to stick to the Heads that we have just put it in a question—if the Minister could help me scheduled—that you have scheduled for debate to- understand how this is justified. day. Also, I would like to stay on ICAO policy, Sec- tion II [paragraph](2)(iii), [it reads]: “Only the cost of Mr. W. Lawrence Scott: Okay, that is fine. Then what those facilities and services in general use by interna- I will do is I will go back to the Head 31 and I will, once tional air services should be included.” That goes, again, I will do it under Airside Operations, which is once again, to support us not charging airlines [this [cost centre] 41160, because aircraft come on the air- fee] which gets passed on to the passenger, that addi- side. tional $16. Going back to that, the fees that the airlines Now, I will also like to—and this is one that I pay, what I would actually do is look at $50 out of the would really like to get some real clarification on. I am $78.25 . . . $50 of that is the government passenger going to go and sort of deep dive on subsection (vii)— tax and then the $16 is the airport terminal improve- ment fee. What I am proposing and what I think we [Inaudible interjection] should be doing is instead of charging this tax in full and then paying revenue guarantees later, maybe Mr. W. Lawrence Scott: Actually under Head 57, Civil what we should do is reduce the departure tax on a Aviation, because this is about administration and seasonal passenger load basis. That means that at ICAO policy and how to justify. And this would go to the peak of our peak season . . . $78 is $78. But dur- what the Minister was talking about with CCC and Ae- ing the peak of our off season we would be charging a con because we do know that these fees have to be fraction of that, [which] I would estimate [at] $28.25. within the policies, and that would come under Civil That would allow you to still cover the expenses of Aviation [subsection (viii)]. “Airports may produce suf- your aviation security fees which would be 8105, on ficient revenues to exceed all direct and indirect oper- page B-174, as well as other airport fees. ating costs (including general administration, etc.) and In doing that what we would be doing is allow- so provide for a reasonable return on assets at a suf- ing the airlines to save approximately $6.2 million a ficient level to secure efficient financing in capital mar- year. How I get that is by taking the $28.25 multiplied kets for the purpose of investing in new or expanded by 220,000, which is the average number of visitors airport infrastructure and, where relevant, to remuner- that we are expecting, and we would get $6.2 million. ate adequately holders of airport equity.” So in allowing the airlines to save that much money, I raise that because, once again, that $16 that we would not be liable for paying that revenue guaran- is being put on for CCC and Aecon airport redevelop- tee. They would be able to use that money elsewhere ment it tends to . . . This says that the money that is either in reducing the ticket cost or marketing Ber- generated by an airport must go back into the airport muda elsewhere. Therefore, once again, we become infrastructure. But now, if we have CCC and Aecon very competitive especially in a market that is about to here, what that means is that that money that is gen- become extremely and uber-competitive with the in- erated by an airport does not go back into the airport. troduction of other jurisdictions. It goes into the profit margin of another company— In speaking of the airport service charge or CCC and Aecon. the airport development fee—which I am still talking How is it justified to have this airport redevel- about 8105, I will talk about that under 8105, which opment deal when we have international policies that would be Aviation Security Fees. But part of that I state otherwise? This goes against— would talk about ICAO policies. ICAO policies, Madam Chairman, would come under Head 57, Civil Aviation The Chairman: Member, are we suggesting that per- which would be page B-188, and you can probably haps there is a line that should be a different value talk about . . . yes, I will leave it right there for now. or— What I want to do is talk about the ICAO policy. The policy that I am talking about would be Mr. W. Lawrence Scott: What I am suggesting is that policy Section II [paragraph] (2)(ii) if you will allow me this $250 million airport deal, which is going to cost to read what it says just for those that are not familiar. the country money in lack of revenues, which I could It says, “In general, aircraft operators and say the revenue source . . . it would mean that all other airport users, including end-users, should not be these landing fees which are 8209, 8205, 8201, 8229 . charged for facilities and services they do not use . . .” . . I am on page B-174. I am just listing off the number Now, this $16 fee is for airport redevelopment and an of fees that would go to Aecon and CCC that we airport that has been built or a facility that has not would not be getting. Therefore, how does the Gov- been built yet, so we are not using it. But yet we are ernment justify all of this when, (1) it takes money out charging the airlines this fee to use it which goes of our economy; and (2) it goes against the ICAO poli- against the ICAO policy on airport charges. Bermuda House of Assembly 1000 2 March 2016 Official Hansard Report cies on airport charges. I will leave that question for and replacing items of similar quality or standard. So if the Minister. we are about to seemingly— What I will do is give the Minister . . . just be- cause I know I was going all over the place. What my The Chairman: Member, that would be line 7549. first question, on page B-103 . . . sorry. That would be going back to the airport departure tax and I will just— Mr. W. Lawrence Scott: Thank you. Yes. So if we are about to embark on an airport re- The Chairman: Member— development project, and it is not supposed to cost the taxpayer any money, why are we actually spend- Mr. W. Lawrence Scott: Only because the Minister ing $13 million to do what seemingly will be done if talked about air arrivals in his brief— this deal goes through? Does that mean that the Min- ister is not expecting the deal to go through? The Chairman: But, Member, we cannot go back to What I will do is I will let the Minister— page B-103 because it is a different Head. The Chairman: Thank you very much, Member. Mr. W. Lawrence Scott: Okay, no problem. The Chair recognises the Minister. Well, can I just ask the Minister if given num- bers that were . . . and I will look at . . .The Minister Hon. Shawn G. Crockwell: Thank you, Madam spoke about air arrivals. So what I will do is put that Chairman. under Airport Operations, Air Traffic Control. I will start with the final question asked first. Is the Minister understanding or predicting You would note on line item 75329 that although there that we are going to see a 5 per cent decrease in air is a total of $13 million, in 2015/16, $2.5 million of that arrivals? The second question would be, Can he help was spent, and it is projected that in 2016/17, $4.3 me understand if and/or how his administration has million will be spent. These are funds to pay for the addressed the ICAO policy . . . I am trying not to say a expert and consultant services that we are receiving breach of policy—the issues that arise. Can he help throughout the various phases of this negotiation. The me understand how they justify that they are under Honourable Member will know that we have retained and following the ICAO policy? Can he explain how . . various expertise and that comes at a cost. This . yes, I will leave that one there and then I will follow- money is set aside for those costs. up with another question. In relation to protections for the employees I would like if the Minister would let me know if who will be moving over to the new entity, the Author- he would or would not agree that having departure ity-type organisation, we have made it abundantly fees reduced and increased on a seasonal flight activ- clear to the staff that it is desired that they all make ity would serve the country better than the way that that transition. Aecon has been very clear that they we are currently doing business. and CCC really recognise the hard work under difficult Another question is in speaking about the air- circumstances that the staff have been doing there. port. I am just trying to find them . . . under Airport They value their ability and they have already stated Operations we are talking about . . . and I do not see a that they want them to come over. Obviously, that will line item, but I am on page B-173, and it talks about be a decision for each member in terms of protection salaries and wages which would be talking about the thereafter. All employees have protection under the personnel working at the airport. If this deal was to go law in relation to the Employment Act and that would, through (with Aecon and CCC) what protections have of course, apply. been put in place for the employees in regard to their In relation to the question or the statement seniority as civil servants and/or the benefits that are that we are not in compliance with ICAO in terms of attached to their tenure? being able to levy these charges, I do not agree with My other question would be, What protections the Shadow Minister. I appreciate he has expertise in have been put in place to stop project code from this area, but a very careful study was done on all of shedding Bermudian jobs under the guise of restruc- the things that we are doing by those who are running turing if and after this deal goes through? the airport. As I just mentioned a little earlier, we have Also, there is another question which would retained the services of various consultants and ex- probably be more of a follow-up, but the next question perts in this area. This is very common practise in ju- I have would be on page C-4, under Capital Develop- risdictions that fall under ICAO that are building new ment. And I think he did touch on it, but I am not airports which the airlines would benefit from to be 100 per cent sure. Maybe he can just refresh my able to charge additional departure fees to fund that memory. On page C-4, under Capital Development, project. why has there seemingly been $13 million allocated Again, as the Minister of Tourism, do I like to for airport redevelopment, or is it by the codes that are see fees going up? No, but as the Minister of Tourism in there it would be new versus replacement items do I want to see the new airport? Yes. It will certainly be, I believe, an enhanced amenity for our tourists Bermuda House of Assembly Official Hansard Report 2 March 2016 1001

and our locals alike. The airport is in a state of disre- port Authority then work with the Bermuda Tourism Au- pair and it is amazing that all of a sudden now Mem- thority and run the numbers, crunch the numbers, and bers on the other side seem to think that it is in good say, Okay, we need this number of air arrivals in order shape. There was a reason why the former admini- to really be able to justify or cover the cost of doing the stration spent millions of dollars on plans to construct airport. Then once we get there, we start moving for- a new airport that was going to cost twice as much as ward to where we are now. I think we are putting the what we are proposing. I think we all can say that we cart before the horse and potentially losing a lot of need a new airport. This is the way that we are going revenue for this country in addition to being outside of to go about it. ICAO best practises, as identified in their document. It has to be paid for and so . . . but, again, a What I will do is I will go off of the . . . I might very diligent analysis was done on this and it was de- come back to Head 31. But just in the interest of time, I termined that we will not be uncompetitive as it relates would like to touch on another very important subject, to our major competitive jurisdictions, and we have to what I feel is important, and I know that the Minister keep doing our job to make Bermuda more desirable feels as though this next Head would be very impor- for our visitors. tant as well because he did take some time to discuss I do not quite understand the Shadow Minis- . . . I will wait if the Minister can answer the questions. ter’s comment in relation to am I expecting a 5 per cent decrease in air arrivals. I do not know why he POINT OF CLARIFICATION would say that, but the answer is absolutely not. Hon. Shawn G. Crockwell: Yes, I just wanted a point The Chairman: Thank you. of clarification. Please proceed. The Chair recognises the Member from constituency 24. The Chairman: The Chair recognises the Minister.

Mr. W. Lawrence Scott: Thank you, Madam Chair- Hon. Shawn G. Crockwell: Yes, thank you. man. Before the Honourable Member moves on, I Just to help the Minister understand my last just want to draw his attention back to page B-105 in question [about] the 5 per cent decrease in air arrivals, relation to the Honourable Member’s observation that [I say that] because they are looking at a loss in depar- the airport departure tax was going to be decreased, ture tax revenue by 5 per cent. So that means that and that is how it is showing in the book. However, if there will be 5 per cent fewer people coming into the you look at the numbers $17,873,000, it is actually Island. going up to $18,945,000. So where there are brackets The Minister did speak on my expertise in the there should not have been brackets. It is a 5 per cent aviation industry, and my understanding from contacts increase which sounds more appropriate. that I have in the aviation industry is that ICAO has not given the okay. They have spoken to CCC and Aecon, The Chairman: Thank you. but they have not given the okay for this agreement to The Chair now recognises the Member from go through when it comes to the $16 as well as just the constituency 18. revenues not going back into the airport which would be under that ICAO document which I talked about ear- Mr. E. David Burt: Thank you very much, Madam lier. That is why I bring it up. Chairman. And just for clarification on this side, we do not Madam Chairman, I thank the Shadow Minis- feel as though the airport is in good shape. I have first- ter for allowing me a few minutes because earlier the hand knowledge that it is not in good shape. But right Honourable Minister answered a question. I am on now and the way that this project is being executed is page (possibly, I want to say) C-4. not the correct way, and it is not in the best interest of the country right now as it is. We would probably prefer The Chairman: Yes, it is. to see the money or revenues from the airport go back into the airport. We would like to see, if we are going to Mr. E. David Burt: Okay, it is [page] C-4 (thank you go with this route, maybe a Swiss challenge could be a very much) under the 75329, Airport Redevelopment, possibility if we were going to go with the airport. $13 million, total allocated funding. My understanding is that regardless of whether The Honourable Minister said in his answer we build a new airport or not, Aecon is going to be run- before that there were various commitments. Would ning this airport anyway which has . . . well, once again, the Honourable Minister be kind enough to tell us who Madam Chair, I am going by your facial expressions, I these various commitments are to? Specifically, what will go back. was the $2.5 million spent on in this current fiscal year The thing is that ICAO is not in agreement. We and what is expected to be spent on in the future? believe that the best way forward with the airport would Why is it that we have a $13 million total allocated be to create the Airport Authority first and have the Air- Bermuda House of Assembly 1002 2 March 2016 Official Hansard Report funding for an airport project which was supposed to project. Well, I have just seen a list of about $4 million cost the taxpayers nothing? being spent on consultants for a project without the tenders. I am hoping the Minister can tell me why is The Chairman: Thank you, Member. there a $13 million line item when the people of this Minister? country have been basically told that this is not going to cost them anything and the users of the airport are Hon. Shawn G. Crockwell: Thank you. going to pay for this project. The information I have, breaking down the $4.3 million that is stated here, is to CIBC, $750,000 The Chairman: Thank you, Member. for financial advisory services; to KPMG, $700,000 for The Chair recognises the Minister. project management; to HNTB, [Architecture] $1 mil- lion for design, engineering and construction, techni- Hon. Shawn G. Crockwell: Thank you. cal advisory services; to Leigh Fisher, $560,000 for Again, the $391,000, as I said earlier, is asso- operations and traffic forecast advisory; to Bennett ciated costs to do business with all of them. So Jones, $900,000 for legal and regulatory advisory whether it is travel, et cetera. I can get a breakdown of work, plus reimbursable expenses at $391,000. That what is projected for each, but that number reflected is the breakdown of the $4.3 million. expendables in relation to all of the consultants that the Government is utilising. Again, you know, this is a The Chairman: Thank you. The Chair recognises the complex project and we have made it very clear, if we Member from constituency 18. would have gone the route that the Opposition has criticised us for not going it would have cost us $10 Mr. E. David Burt: Thank you very much to the Minis- million more. This is the cost of getting us to the de- ter for responding. If he could just repeat at the end. I velopment stage. This is the cost of obtaining and re- saw $900,000 for Bennett Jones and the $391,000 taining designers, project managers, and the like. No reimbursable . . . was that to Bennett Jones as well, or one in Bermuda has ever built an airport before. We was that to somebody else? I am just not clear on have to utilise outside expertise and this is the cost of that. doing business. At the end of the day, we believe that we are going to have a world-class facility that is go- The Chairman: Thank you, Member. ing to benefit the jurisdiction very well. The Chair recognises the Minister. The Chairman: Thank you. Hon. Shawn G. Crockwell: Yes, thank you. Are there any other Members? It is just for associated expenses like travel The Chair recognises the Member from con- and other types of expenses. My understanding it is stituency 18. not to any specific entity just other ancillary costs as- sociated with doing business with all the entities. Mr. E. David Burt: Thank you. I appreciate the Minis- ter for giving the breakdown for the $4.3 million esti- The Chairman: Thank you. mate for 2016/17. Could he please provide the figures The Chair recognises the Member from con- for 2015/16 for the $2.5 million which was also asked; stituency 18. I would appreciate that. Further, I would just like to (I guess) remind Mr. E. David Burt: Thank you very much. the Minister that the Minister and his Government I appreciate the Minister’s characterisation as have told people that the people who use the airport he has given a thorough breakdown of the $4.3 mil- will be paying for this facility and not the taxpayers. lion. But it is clear that the taxpayers are going to be pay- The first question I will ask is, Could the Minis- ing something. So when the Minister has a chance to ter provide any more detail in regard to these reim- respond, if he could expound on what is the rest of the bursable expenses? If they are not going to these $13 million going for. We have the TAF. We have two vendors then to whom are these vendor [expenses] numbers here. Those only add up to, I would say, going to? I mean $391,000 is a significant amount of $6.8 million. Where is the rest of the money going to, change. It is not like we are talking about $30,000 or the rest of that $13 million which has been allocated $20,000 or $10,000. It is $391,000, so it would be for the airport which we are not paying for? good if we could get an idea of what this $391,000 was paying for. The Chairman: Thank you, Member. I was hoping the Minister could also answer Are there any other Members? the question given that there is a total allocated fund- The Chair recognises the Member from con- ing of $13 million. We have heard the Government in stituency 24. the past criticise the Progressive Labour Party for spending $10 million on consultants for the hospital Bermuda House of Assembly Official Hansard Report 2 March 2016 1003

Mr. W. Lawrence Scott: Thank you. The Minister spoke briefly— Hon. Shawn G. Crockwell: Yes, despite the fact that the Opposition does not support this project, the Gov- ernment fully supports it. It is the Government’s inten- The Chairman: You need to bring us back to the page tion to bring it to a reality. We are going to be working you are on. with Aecon who is going to be the concessionaire of

the airport and any contracts that will touch on future Mr. W. Lawrence Scott: Yes, I am actually going to operations of the airport will need to involve the poten- talk about [page] B-174. One thing that I wanted to tial concessionaire. It is just prudent business. We do know . . . and I mentioned earlier that it seems as not want to do anything that could potentially under- though there are contracts that have been stalled, mine what we are trying to create. [contracts] by people that want to invest money into this country that have already spent tens of millions The Chairman: Thank you. and want to invest hundreds of millions of dollars. I notice that there is a decrease in the fixed The Chair recognises the Member from con- base operator, which would be 8815. Would the Minis- stituency 24. ter attribute this decrease to the fact that the contracts have stalled due to the fact that they need to get ap- Mr. W. Lawrence Scott: When it comes to the airport, proval from CCC and Aecon even though they do not what I do not understand is that the CEO of Aecon have any real jurisdiction over our airport right now. said that the deal is not a done deal, that we could back out at any time. If we can back out at any time, The Chairman: Thank you, Member. why are we trying to cement our place with this con- The Chair recognises the Minister. tract when 70 [per cent] to 75 per cent of the general public is against it. It seems as though you have the Hon. Shawn G. Crockwell: Thank you. I recall the Honourable Member making reference some time ago Deloitte report which talked about gaping holes and to a particular—I think Cedar Aviation—and he al- boxes that need to be ticked that have not been luded to the fact that the contract stalled. That is not ticked. I just do not understand why we are trying to the case. I do not know if the Honourable Member is move forward in giving away revenue of our country focusing on that particular example. Cedar Aviation when we start to see that you could see effects of it in purchased an existing business that was working at line items already, as I was talking about line item the airport and operating out of the airport and there- 8815, which would then mean that if we start having fore they obtained the balance of that company’s Aecon and CCC making deals—this is a business not lease with the Government. They were desirous of a Government. A Government looks out for its people. extending the term of the lease and since the Gov- This Honourable Member has said that the over- ernment is committed to this project, it will not make head— sense to extend—particularly for 10 years—any ar- rangement that could have an impact on the future Hon. Shawn G. Crockwell: Point of order. Point of operations of the airport. order. However, there is good opportunity that the contract will be extended. But there was no contract The Chairman: Your point of order? with the Government that got stalled. It was the pur- chase of an existing contract. I am just focusing on POINT OF ORDER that example because I know that you articulated that [Misleading] example in the past. But clearly, as we will be going forward with a new concessionaire, the new conces- Hon. Shawn G. Crockwell: The Honourable Member sionaire will have to be involved in these long-term is misleading the House. No one ever said on this side commitments. or agreed that CCC is making any deals. Again, no the deal is not done, but both parties are working in The Chairman: Thank you. good faith to make the deal a done deal according to The Chair recognises the Member from con- the schedule. Again, CCC has no influence and Ae- stituency 24. con has no influence on how the airport is being man- aged and operated. But when you are talking about Mr. W. Lawrence Scott: So the Minister is saying that requests for long-term leases or contracts that will even though the contract has not been signed, that have a long-term impact which may involve the opera- CCC and Aecon’s interests are actually being put into tions of a future concessionaire, at this point it is pru- their financial, fiscal and operational plans for this air- dent to not enter into those long-term agreements. port. Is that correct? Again, back to the example that we high- lighted, we did not say no. Basically, we said let us The Chairman: Thank you. move forward and if what you are proposing is ame- The Chair recognises the Minister. Bermuda House of Assembly 1004 2 March 2016 Official Hansard Report nable to the new concessionaire, then the new con- tion to redact those areas that were deemed to be cessionaire will certainly make that decision. commercially sensitive and should not be for public consumption. The Chairman: Thank you. The Chair recognises the Member from constituency 24. The Chairman: Thank you. The Chair recognises the Member from con- Mr. W. Lawrence Scott: Just for that one, if we were stituency 24. talking about a fixed-base operator or private jet facil- ity, there is no competition with a commercial terminal. Mr. W. Lawrence Scott: As I said, I will keep my word This is something that works in conjunction so, one, and I will leave it at that. If I have time, I will come why would CCC and Aecon have an issue in the first back to the airport. place, unless they were looking at trying to take it over I really want to touch on road safety. My next or find a way to create a department that did that so one is going to be Head 34, Transportation Control they could make more money so that they can, once Department, Road Safety, [cost centre] 44090. again, keep the airport for longer, or is it just that they Madam Chairman, you know that I gave a want to bring a Canadian outfit in there? But also the speech here on Friday . . . or was it Monday? Minister has mentioned the schedules, and this will be my last question on the airport right now depending on The Chairman: Let us not reflect. his answer, because I would like to spend the next hour focused on road safety. Mr. W. Lawrence Scott: I was just looking at the date— When he talks about the schedules . . . and the Minister mentioned earlier that this is a very com- The Chairman: All right. plicated deal. And with my expertise I understand how intricate it can be. If it is such a complicated deal, if it Mr. W. Lawrence Scott: I said Monday, and it was is such a good idea and deal for the country, why about road safety. Unfortunately, since then we have have the schedules been redacted and why can we had a death on our roads. not look at these schedules so that we can then know Now, I am not trying to draw any correlation to exactly the ins and outs of this deal and what we are what I am about to say next. I see our road safety, or actually getting ourselves into? lack thereof—I am not casting aspersions. I am just The Chairman: Thank you, Member. trying to get through . . . this is something that I am The Chair recognises the Minister. very passionate about, so I am making sure that I use my words wisely. We are facing a national health cri- Hon. Shawn G. Crockwell: Thank you. I feel like I am sis when it comes to our roads. At the Minister’s invi- in the UK House of Parliament. tation I was a part of a Road Safety Summit last year. First of all, this Government will proceed with In that summit, I made mention of the fact that I sup- the project because we think it is in the best interest of port the Minister’s intentions and then his claims to . . . Bermuda. There is no foreign entity making decisions I am going to talk about road safety— for the operation and management of the airport at present. The Chairman: You have to be specific— Madam Chairman, I am sorry, I just want to make sure I am getting this question specifically. Can Mr. W. Lawrence Scott: Sorry, road safety, which he just repeat the crux of the question. would be [cost centre] 44090. He talked about bring- ing roadside sobriety testing to this House. I sup- Mr. W. Lawrence Scott: With it being such a compli- ported that, but I also made mention in that summit cated deal and the intricacies and the real— that although I support that, I do not believe that that goes far enough. [Inaudible interjection] I would like to know what the Minister’s thoughts are about roadside sobriety checkpoints, and Mr. W. Lawrence Scott: Yes, redacted. that when it comes to roadside sobriety checkpoints we have a . . . just to give some context (and I am still Hon. Shawn G. Crockwell: Yes, it was the schedules talking about [cost centre] 44090, Road Safety, under that you were referring to. Again, the Minister of Fi- Head 34) that with roadside sobriety checkpoints we nance has been very clear on this. There are com- have a very dangerous culture here on this Island of mercial sensitivities in these types of transactions that drunk-driving. are confidential. That is the case in most commercial Our road safety tends to be, if you look at it— transactions, but the Honourable Member would know and I gave some numbers last time I spoke and I am it is very critical in relation to aviation and the like. The trying to find them right now that we had 1,400 acci- Minister of Finance has exercised his prudent discre- dents last year, 45 per cent of them were due to alco- Bermuda House of Assembly Official Hansard Report 2 March 2016 1005 hol and/or speed. I feel as though sobriety check- ber, the section 11 in the Constitution. But also I points will help us, one, put it in the front of our mind would like to get his feedback on if we were to create that when we go out we need to [not] drink. And I un- legislation in the Road Traffic Act that allowed for derstand and I applaud the Minister for his passion [section] 315F [of the Criminal Code] to be used as because I have heard him talk about it. But once justification for the sobriety checkpoints. again I would like to see it in fruition. Where are the As I mentioned before, you are three times roadside sobriety checkpoints, or at least where is the more likely to die on our roads than in gang crime roadside sobriety testing legislation that he did men- here in Bermuda. The UK has been very successful in tion was going to be coming? changing the drink-driving culture and we need to do When it comes to that, I know that part of the the same here. When it comes to that, once again, I issue was our Bermuda Constitution, actually section will repeat the facts because repetition is a form of 11 to be exact, when it talks about freedom of move- indoctrination. We had 1,400 accidents last year; ment. But our Constitution also talks to supporting (if 45 per cent of them were due to alcohol and/or speed- you look at it) roadside sobriety checkpoints, because ing. it does say that you cannot restrict someone’s free- In bringing up speed, my question is that I dom of movement unless it is in the interest of na- would like to get the Minister’s feedback on speed tional security or national health. This is, I think, both cameras. I know that he brought it up previously, but I national security and national health which is a na- would like to know the progress of getting speed cam- tional health crisis. I would like for us to see that we eras, where we are with the speed cameras, and can have sobriety checkpoints come sooner rather than the 187 cameras that have been put up around the later. Island, can they be outfitted or retrofitted to act as Also, while I am on checkpoints, that would speed cameras as well? bring me into the road policing strategy. Once again that would be under Road Safety, [cost centre] 44090, The Chairman: Member, I do believe that falls under Head 34, page B-179. Part of that is that we are look- another Head as well. ing at what I would like to see and what I would like to get the Minister’s feedback on the implementation or Mr. W. Lawrence Scott: Okay, sorry. I defer to you, the introduction of fixed penalties. Just to put things in then. I will move on from speed cameras and go to context; you know, in previous legislation we in- graduated licensing. creased penalties under the youth licensing act (I Graduated licensing would come under Head think that is the name of it). But under the youth li- 34, page B-181, and I would probably say under 4404, censing act we increased the penalty or put the pen- Examination and Registration. alty at $300 for holders of a youth licence who are With the graduated licensing, I would like to towing passengers. That is just an example. look at youth licensing legislation. This is something But yet, on the other hand, if you were to run that I also mentioned at the Road Safety Summit. At a red light or a stop sign, which I feel is actually more the Road Safety Summit I was looking at—and I pro- dangerous, you are only going to pay $50. Or some- posed that we were to allow for 16-year-olds to have a body who just decides to come off the plane, hop in a driver’s permit and in doing so that driver’s permit car with no Bermuda licence, or no licence whatso- would be in conjunction with—so let us say I had a 16- ever, and gets caught by police, that is $100. So for year-old daughter, she would actually be able to drive me I would like to get the Minister’s reaction, the Min- with a learner’s permit but having a licensed, qualified ister’s feedback for putting in fixed penalties to where driver the age of 25 or older, and there were medical we just make any moving or non-moving violation or reasons why we picked 25. That is when the brain is at least, given the examples that I have given, make fully developed and when you lose that invincibility that $300 penalty automatic, right off the bat. part of youth. So 25 years or older, only during day- What the police have seen is that in conjunc- light hours, and you cannot have any passengers tion with other variables if you were to set a penalty at whatsoever. That would allow for the 16-year-old to $300 that is a deterrent. That causes people to think have two years of driving experience prior to be given twice before they do—and just like using the youth the ability at 18 to drive on their own. licence that that 16- or 17-year-old most likely would I would like to also transition that over our not be the one paying the $300. It would be the par- young riders, and at age 15 we would actually have ents. So the parents are going to be on them, Make them enrol in Project Ride. To make Project Ride sure you do not do this; make sure you do not do that. mandatory, to make Project Ride more robust, and Now going back to youth licensing and going when I mean more robust it would be increasing the back to Road Safety. Sorry for sort of jumping all over budget for Project Ride, it would be having real road the place, but I am still with [cost centre] 44090, with time, and I am going by the UK model where they sobriety checkpoints. I mentioned one of the stum- have . . . so the student has a rider as well. So the bling blocks was an interpretation, and I defer to the instructor would be riding on the road with the student legal mind which the Minister has as a learned Mem- on a separate bike. Bermuda House of Assembly 1006 2 March 2016 Official Hansard Report

We have the little helmet communication and The Chairman: Member— then you would have classroom work as well. So ba- sically from 15-years-old to 15 and a half, you would Mr. W. Lawrence Scott: I am putting that under Road be basically, for those six months, you would be in the Safety. classroom. Then after that is when you get introduced to riding in the TCD parking lot, but also when he talks The Chairman: Member, I just want to point out the about riding in TCD parking lot we have dedicated fact that this is not a debate on policy. It is a debate instructors just to go through with the laundry list, just on money—on budget. once again, has to increase the budget, real road time, have an instructor that has the riding helmet, Mr. W. Lawrence Scott: Yes, but the thing is we have once again, have mandatory classroom work, dedi- talked about the $148,000 which was allocated to cated instructors because our 16- and 17-year-olds road safety. The Minister then gave statistics on how . are currently the highest hospitalised age group, and . . so, yes, so this is part of the things— that is from RTAs—road traffic accidents. Our 18- to 25-year-olds have the highest fa- [Inaudible interjection] talities. Out of the fatalities, 81 per cent of them are Bermudians. How we combat this national health cri- Mr. W. Lawrence Scott: Thank you, and so— sis is by actually having the graduated licensing pro- gramme in conjunction with roadside sobriety check- The Chairman: I do not need extra help, thank you points. I actually have a . . . well, one of my questions very much. is, Can the Minister explain what has come out of the Road Safety Summit? [Inaudible interjection]

The Chairman: Thank you. Hon. Michael J. Scott: Madam Chairman, your urg- I am not quite sure under which Head those ings for this Member are entirely without foundation. funds would have come from. Was it in 2015? 2016? He is on Road Safety. We do have to keep— The Chairman: Member, have a seat. I was trying to Mr. W. Lawrence Scott: I defer to you, Madam understand where we might be. Chairman, but with the youth licensing programme what I will do is just go through the questions that I Hon. Michael J. Scott: This is for the House, Madam have. Well, once again, I was going to say what came Chairman— out of the Road Safety Summit. I cannot do that. What is the progress and why has there The Chairman: The Chair recognises— seemingly been no progress in the implementation of roadside sobriety checkpoints or even roadside sobri- Hon. Michael J. Scott: This is for Members of the ety testing? House. Has the Minister’s administration looked into implementing legislation that would allow [section] The Chairman: Thank you. 315F [of the Criminal Code] to be a tool for the police to use to create sobriety checkpoints? Hon. Michael J. Scott: Not your edification. Has the Minister looked at the benefits of im- plementing fixed penalties? I will just pause because I The Chairman: The Chair recognises the Member see him actually taking notes of the questions. from constituency 24. That last question I will just repeat was, Has the Minister looked at the benefits of implementing Mr. W. Lawrence Scott: Thank you. fixed penalties? That is going back to making things— I am once again going back to [section] 315F moving and non-moving violations $300 per—and [of the Criminal Code]. I think I have touched on that when it goes to speeding it would be—speeding would one. Does the Minister see the benefits of having a be based on the vehicle. So if we did the speed cam- graduated licensing programme? Can the Minister see eras, it would be based on the vehicle not the person the need for a more robust Project Ride programme so therefore due process is still upheld. which means an increased budget, inclusive of class- Is the Minister aware—and this is one that I room and fundamentals, real road time, dedicated would really like the answer to—is the Minister aware instructors? that the law as it currently stands, there is no conse- Would the Minister not agree that the budget quence for underage drink-driving or riding as long as for Project Ride needs to be increased? What are the the youth is not over the legal limit of alcohol. That is Minister’s thoughts on making Project Ride manda- amazing. tory?

Bermuda House of Assembly Official Hansard Report 2 March 2016 1007

Those would be my questions and I can re- the Government, and we are working through that peat any one if he would like. process right now. We hope to have that resolved this year so that we can equip the police to be able to The Chairman: Thank you, Member. have roadside sobriety [testing] right there on the side The Chair recognises the Minister. of the road. At present, if the police suspect someone of driving under the influence, they have to be ar- Hon. Shawn G. Crockwell: Thank you, Madam rested; they have to be taken to the police station and Chairman. then tested. We want to eliminate that requirement A simple answer to the plethora of questions because there are things like the [blood] alcohol count would be, yes. We would love to have an increase in can decrease in that period of time and the like. It is budget. We would love to have all of the ideas that cost prohibitive as well, and the time of the policemen came out of that Road Safety Summit, which I of . . . we want to be able to test right there on the side of course attended as we hosted it, come to fruition. But the road. a lot of them are cost prohibitive currently under our As far as checkpoints are concerned, random budgetary restraints. That is why the new chairperson checking, this is something that has already been ex- of the Road Safety Council has made a commitment plored in Bermuda. There are some constitutional is- to try and raise private funds for some of these pro- sues with that. I heard you raise [section] 315F—I am grammes. assuming you are taking that out of the Act? Again, as I said earlier, looking at the budgets over the last 15 years, it does not matter what the Mr. W. Lawrence Scott: Just for clarification, [sec- budget is. We can look at the least amount that has tion] 315F is when we had that rash of gang violence, been spent in the past 15 years which was the past [section] 315F was brought out and it actually, if you financial year which is approximately $11,000. That is look at the numbers, after [section] 315F was imple- one of the lowest road fatalities years we have ever mented, the number of gang violence or gang situa- had—we had six. I believe the reason why it went tions decreased significantly. Maybe if we did the from 16 when we were spending $50,000 . . . I believe same thing for—what we did for gangs if we did it for this is on the Road Safety Council in particular, the street safety or road safety we could see the same grant, going from $50,000 to $11,000. result. In 2014, we saw 16 road fatalities. But when we spent $40,000 less, we see a decrease to six. I Hon. Shawn G. Crockwell: Okay, thank you. That is believe that is because of the robust policing, the road [section] 315F of the Criminal Code that you are refer- safety strategy by the police service. Hopefully the ring to. message is getting out there, but unfortunately, look, I think we are looking at a variety of ways to you know, as the Minister for Transport, the phone deal with this. We believe that having advertised calls that I dread the most are calls that there has roadside sobriety checkpoints, particularly when there been a serious accident and of course when it results are major events going on, letting the people know in a road fatality. This week hearing someone very that there are going to be checks at this point, be- close to my family succumbing to that fate . . . it is cause at the end of the day, I can tell you that the po- very difficult. It is a part of my job that I do not enjoy at lice do not want to catch road users who are under the all as I am sure Honourable Members could appreci- influence. They want to get out in front of it and pre- ate. vent individuals from using alcohol and then taking to It is not money that is going to fix the problem. the roads. The intention is to advertise that we are This is a problem that is going to require community going to have roadside checks once we get this issue buy-in, community involvement. Everybody— resolved between the police, and then that will be a politicians, teachers, clergy, family—we all have to deterrent and then, if indeed individuals are caught, consistently articulate the message that we all have to they will be punished accordingly. take care and attention while we are on the roads. Right now it is a $1,200 fine and of course you Speeding and driving under impairment are get taken off the road. But it is astonishing that despite the two main causes for serious accidents and road the fine, despite the loss of a licence, despite the risk, fatalities. We have made a commitment as a Govern- I still find it astonishing how in our community it is a ment to introduce the roadside sobriety testing. We culture where people think that it is okay to go out and are working with the Attorney General’s chambers. As drink and then utilise our roads. We have sufficient (I a Government, particularly in these types of matters, believe) alternatives out there—Bermuda is not that we can put forward policy decisions or we can even large of a place where people cannot find a way pass laws in this House, but before we get to that home. A very simple remedy is if you are going to go point, we need to make sure that there is sufficient out, make sure that you have a designated driver with buy-in by the entity that is going to enforce those laws. you. It could save your life, it could save someone There are some technical differences on how else’s life. this should be implemented from the police and from Bermuda House of Assembly 1008 2 March 2016 Official Hansard Report

In term of fixed penalties across the board, in utilise our roads and have been drinking in excess of relation to the offences the Honourable Member that limit. That is where the legal breach comes in that raised, that is a matter that we can certainly consider respect. There is another aspect of the law where mi- with consultation with legislative affairs. I know that nors should not be served alcohol in various estab- the Attorney General has been working to upgrade lishments, if that is where the individual consumed the our legal system. Right now there are a lot of aspects, alcohol. If it was in a private place, I do not know what particularly at the Magistrates Court level that need to you can do. I understand the Honourable Member’s be addressed, and he has been doing that accord- concern but in the scenario he articulated there was ingly. So that is something we can look at. only one breach, and that was driving without a li- In terms of speed cameras, it is something cence. that the Government is looking at. I can say that it In terms of the fixed penalties, again, I will say does not have the full support for a variety of reasons that I do not disagree with the Honourable Member from the police in terms of its effectiveness, but it is an that there are some penalties which are archaic which area that we are considering and we are looking at to clearly do not represent the gravity of the offence— see if it is something that could be beneficial. running a red light could cause a very serious acci- Again, the amount of recommendations that dent. For that penalty to still be (I think) at $50 we may the Honourable Member has raised I think many of need to look at that. I think these are areas that the them have merit. I will certainly encourage the Hon- Honourable Member is bringing to the floor sort of ex- ourable Member to reach out or ask the new chairman temporaneously, but these are areas that we can dis- of the Road Safety Council to reach out to the Hon- cuss with the Minister for Legislative Affairs and see ourable Member and maybe you can get together and how we can modernise our penalties in that regard. discuss some of these ideas. As I said earlier in my brief, the Road Safety Council—part of their remit is to Mr. W. Lawrence Scott: When it comes to the gradu- advise Government on policies it thinks could be ated licensing programme, giving our youth more time beneficial in this area. and more experience and more training before going out on their own on the roads, can this be something Mr. W. Lawrence Scott: So Minister, I do not know if that your administration looks at? Can this be some- you spoke about the fixed penalties. If we were to im- thing that your administration . . . and I understand plement fixed penalties, we would have people who that it comes down to the dollars and cents. I do un- run red lights, people who run stop signs go from pay- derstand that. But if there is something that the Minis- ing $50 and $100 to paying $300 which, one, would ter and his administration could do to look at bringing be an increase in revenue . . . and I am not looking at a more robust Project Ride programme to fruition, I it from a revenue point of view, but since this is the believe that this would help reduce those numbers, it Budget Debate there would be an increase in reve- would help reduce these 16- and 17- year-olds from nue, but also because the fact that . . . I mean, we being the highest hospitalised age group. I think it have had the police budget cut which means that would go a long way in helping to reduce or stop our most likely when it comes to the road policing strategy 18- to 25-year-olds from being the highest fatality age we are going to have less warm bodies and less offi- group. cers to be able to actually execute the road policing But also if we can look at deploying the police strategy. So maybe we need to find other ways such and their resources on our roads at the times that the as fixed penalties. statistics show are high or the frequent fatality times, Then also something that I would really like to which are between 10:00 pm and 3:00 am, if we could put forward now and that we could fix, and I think it is look and make sure that the police are guided by the something that, legislatively, there is no consequence statistics and not just through tradition or (I am not for an underage drink-drive or drink-riding person as quite sure how they do it) but it just seems as though long as that youth is not over the legal limit. Can you during the 10:00 pm to 3;00 am, you do not see as please undertake . . . that is the way the law is written many police, and I am not knocking the police. They now. If a 15-year-old gets caught riding and has less are doing a wonderful job doing the road policing than . . . caught riding, one, that is just a $100 fine strategy. I think that, as the Minister said, the lower without a licence. Then if they have been drinking, numbers that we have seen is a result of the police legally there is no consequence because they are not doing their job. I just think that we need to make sure over the legal limit—if they are not over the legal limit. that the police have every tool and every resource If they are over the legal limit, then it becomes a DUI. available to them in order to make sure that they can But if they are under the legal limit, there is no conse- do the best job of keeping us safe. quence. I would also like to say that I do agree that safety is everybody’s responsibility so therefore, how Hon. Shawn G. Crockwell: Thank you, Honourable do we get a national programme put together in order Member. Certainly, it is something we can look at but to get everybody behind road safety? clearly the law has a limit in terms of individuals who Bermuda House of Assembly Official Hansard Report 2 March 2016 1009

[Mr. Rolfe Commissiong, Chairman] if the vehicle you are colliding with is also going at a significant speed. Especially on our roads, that is why Hon. Shawn G. Crockwell: Yes, Mr. Chairman, we see the types of serious accidents resulting in se- again, I think that many of the suggestions put forward rious injuries and unfortunately in road fatalities. But are not new. Again, suggestions that emanated out of what do you do? the working group that we had last year. The Honour- Even during the holiday period . . . again, I able Member asked what happened with that. What was driving my car on South Shore. A bike overtook the working group ascertained is that many of these me (and I was driving maybe between 40 and 50) and issues are very analogous to what police are doing this bike passed me with no problem. I mean, he over- right now in terms of how we are able to address this. took me with such ease he must have been going be- At the end of the day, it is about enforcement, tween 60 and 70, and then he overtook a water truck but even so, many of us are old enough to remember on a corner. A bus came around the corner and that when there were speed cameras—not cameras, but gentleman on that bike just made it in between the the radar gun all across the Island. When we had our bus and the water truck. I was in my car and I was largest . . . the bike unit of the police was very robust saying to myself, How much police enforcement . . . I and on any given day. Particularly any given Sunday, mean, that is something. And that gentleman was not you could find them all over the Island. Yet, you will a young man. This was an older gentleman. I could still have the level of fatalities that we have today. tell when he was crossing me and the majority of colli- I have been told that the amount of overall sions are between the middle aged. It is not our young collisions was less then, and we do focus on fatalities people. more than anything else because they are the most No amount . . . he knew better, okay? He emotive component of this situation. We have seen an knew he was speeding. He knew full well that he increase over the years of serious collisions and so should not be overtaking a water truck on a corner. we have an individual who gets into an accident, sus- But he did it. Had he lost his life we would not be tains serious head injuries, but survives, that becomes standing up saying we need to do more on road safety a significant cost to the taxpayer as it relates to the when that individual needed to be more responsible. health insurance that that individual will incur over his That is the issue when it comes to road or her time of recuperation. Maybe they would need to safety. It is personal responsibility. When every indi- have special medical care for the duration of their vidual gets in a car or gets on their bike, they have to lives. understand their duty to themselves and to other road There are not just road fatalities. Collisions users. Take your time! There is a speed limit for a have a major impact. We wonder why we have high reason. We have due care laws for a reason. Do not insurance rates and the like. All of these things play a overtake unnecessarily. All of those things come into role. That is why I think, again, the chairperson wants play. I have said for years that road fatalities are the to go to the insurance companies and see what type most avoidable. Most of the time they are the most of support we can get from them and in helping our avoidable. initiatives because it will benefit. It will benefit their If individuals are paying attention . . . when I industry, they will represent it at the working group, am on the road and for some reason . . . I have said and it will benefit the Island as a whole if we can get this before. When I was a teenager, I do not know people to pay attention. What do you do? what it was, but from the time I got my bike . . . and I I do not say this to be insensitive at all. I am know that when I was younger I had friends who lost trying to think of exactly when, but when I got a call in their lives on bikes and that could have been the rea- the last couple of months that my son had been in an son why. But whenever I got on my bike I said to my- accident in the morning and as soon as my father self, I am not going to allow riding this bike to cause said, Shawn, Tino was in an accident. You know, the me to have serious physical injury or lose my life. I heart stops. But he said, He’s okay. He was not have control of that. speeding. He was riding. It was a rainy morning and But in addition to that, as the Opposition the truck in front of him had to slam brakes to allow Leader interpolated, I am not only attentive for myself, another vehicle to turn (I cannot remember the name I am attentive for other people. So I am looking of the road—just before the Paget stop lights). To the around as I am driving because somebody else who is credit of the driver of the truck, he admitted that he being inattentive can harm me. slammed brakes suddenly, although the law is very That is why I am not a big fan of bikes be- clear that if you hit the person from behind you are still cause somebody else can be at fault and you are the responsible. one that has to suffer the long-term injuries. It is one My son slammed brakes as well and the bike of those things where I do not know why it has not slid and he hit his chin on the back of the truck. The sunk into our minds that our roads are dangerous be- only thing that happened out of that was that he lost a cause they are windy and they are narrow. Despite couple of teeth, which I have been paying to replace. our limited speed we ride on risky roads. Our road But imagine if you were going at high speeds. Imagine users need to take care and caution every time they Bermuda House of Assembly 1010 2 March 2016 Official Hansard Report go on the roads, and I think that if people apply that roads, does not know our road culture, being given personal responsibility, we will see this problem to the ability to drive a car. continue to abate. I would encourage the Shadow Minister . . . I The Chairman: Minister, I just wish to inform you and appreciate his passion on it. I understand it, and I will the Shadow Minister that there is approximately nine definitely coordinate meetings with the Honourable minutes remaining. Member, the new chairperson, and myself so that we can continue to wrap our minds around it. [Crosstalk] Unfortunately, we do not have all the budget [resources] to throw at it, so we have to be creative The Chairman: I stand corrected. We have about 25 and innovative to try and continue to get the message minutes left. So you will want to handle yourselves out. accordingly to get to your objectives.

Mr. W. Lawrence Scott: Minister, now you have Hon. Shawn G. Crockwell: Thank you, Mr. Chair- touched on a lot of things that I do agree with, and man. one thing that I heard you talk about was that our First of all, as Honourable Members in this roads are dangerous, our roads are windy. I believe House will know that there are individuals in our that the reason why there are not more fatalities, more community—particularly in the tourism sector—that accidents, is because of the fact that most people that have articulated that having the availability of rental are in the car have gone through and taken the TCD cars in Bermuda will be an enhancement to the ex- testing and proven that they can operate a car in our perience of our tourists. We are probably one of the country and on our roads safely and efficiently. only jurisdictions that do not provide this type of But now, I am hearing, it is coming across my amenity to our guests, and the Government is looking Shadow Ministry desk that the Minister’s administra- at it. We are looking at it from a holistic perspective. tion is looking at the implementation of rental cars. I We are looking at a variety of different types just want to know how we are going to have people . . of vehicles—electric vehicles, quadricycles, things like . if it is working how I understand it to be, and I defer that, which would be far safer on our roads than just to the Minister and I will leave him ample time to ex- having some high-speed car. I think that there is a plain, but how is it that if we were to rent cars here way to try and create a balance, but we have not that that would not decrease our road safety? made a decision on that as of yet. We would now be sharing our roads with peo- In terms of people being able to come here ple who do not know how to properly drive on a road and drive, the Honourable Member will be aware that that is 16 feet wide from sidewalk to sidewalk—8 feet we enjoy the right to go to the United States and rent is what you get. And in a car that is 175 inches long, a car there and drive. And that is a right that has been 72 inches wide at its widest point versus these cars afforded to us. It is a privilege. But it is a privilege that that they are used to travelling at high speeds. And I has been afforded to us by the United States. am talking about visitors. And this is the impression Normally those privileges are expected to be that I have, that we are going to have tourists coming reciprocated. I can tell you that the US Consul has in and they are going to be able to rent a car from already articulated to us that they do not like the fact Hertz here in Bermuda and drive around the country that their citizens cannot come here with a valid not knowing where they are going One, we drive on driver’s licence and be able to enjoy the same privi- the correct side of the road. I say the correct side ver- lege that we as Bermudians can do when we travel to sus the right side of the road in the States. Therefore, their country. They drive on a different side of the road everything is going to be opposite. than we do. Their rules are different from ours, yet we They do not necessarily know our street signs feel competent enough. I think that it is more difficult or our directions signs. I would like to know how the going to a jurisdiction where the speeds are faster Minister is going to look at the implementation of than it is to go to a jurisdiction where the speeds are rental cars just after we have talked about and slower. But we go and we are able to acclimate using stressed that road safety is everybody’s responsibility, our licence and our licence is accepted in these juris- and that even in the example that you gave, the truck dictions. driver knew that he had slammed on brakes but it was So I just flag that. Certainly, the concerns that a one-off deal, or the gentleman that passed you and the Honourable Member has raised are concerns that tried to pass the water truck on the wrong side of the the Government are working through on this issue. road around a corner. We as Bermudian drivers sort of tend to expect that. The Chairman: Is there any other Member that cares I am not trying to justify the way we drive or to address this—these Heads? ride. I am not trying to do that. But we tend to expect The Chair now recognises the Shadow Minis- that versus a tourist, a visitor who does not know our ter, Mr. Lawrence Scott.

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Mr. W. Lawrence Scott: Well, the fact that we have a Hon. E. T. (Bob) Richards: Thank you, Mr. Chair- couple of more minutes means that I can actually go man. back to the airport. When I go back to the airport, I am There is no definitive answer to that question going back to the schedules. We talked about the because it relates to the amount of money that CCC schedules and how the Minister said that [because of] and Aecon have spent in developing the project. If we competition we needed to actually have the schedules took that figure three months ago, a month ago, it redacted. would be different from now. POINT OF ORDER Basically, what the agreement calls for is that expenses in developing the project, if the project un- Hon. Shawn G. Crockwell: Point of order, Mr. der particular circumstances is cancelled, then the Chairman. amount of money that they have spent developing the I did not say through competition. I said there project will actually . . . the work that has been done are certain commercial terms and certain commercial will be the property of Bermuda. That is an important sensitivities that we are not able to disclose. So that is thing to note. The work that has been done will be the the reason why certain portions of the agreement property of Bermuda—it is, in fact, the property of were redacted. Bermuda—so that if, for whatever reason, the Gov- I just want to say that we have all of these ernment decides to cancel the project the work that wonderful heads of multiple departments, Mr. Chair- has been done to develop it so far will belong to Ber- man, so the Honourable Member could ask questions muda, and therefore, rightfully, we can expect that on something else rather than the airport. Bermuda will have to pay for it. But that is an ongoing thing every day, every week, and that is why it would [Inaudible interjections] not be prudent or even sensible to give a dollar figure.

The Chairman: You may resume, Shadow Minister. The Chairman: Thank you, Finance Minister. The Chair recognises the Shadow Minister. Mr. W. Lawrence Scott: Okay. I am sorry that I am showing favouritism to the airport, but one thing that I Mr. W. Lawrence Scott: I just wanted to get confirma- would like to know is that we have talked about it be- tion that my number of approximately $5 [million] to $6 ing a done deal. Do you know what I will do? Answer million was correct. I think we will just go by my num- this question and then I can go on to Marine and ber of $5 [million] or $6 million will be what it will cost Ports. for us to get out of— Can you let us know what the approximate amount [would be]? Steve Nackan said that it is not a Hon. E. T. (Bob) Richards: Point of order. done deal and we will just have to pay. What would be the price that we would have to pay in order to get out The Chairman: What is your point of order? of this contract—with CCC and Aecon? An Hon. Member: You cannot make up a number! Hon. Shawn G. Crockwell: I cannot recall. The Fi- nance Minister provided a figure some months ago as [Inaudible interjections] to what it was at that time. Obviously, the longer we stay in negotiations the more the penalty would be. POINT OF ORDER But the Finance Minister has a greater knowledge of that than I do, so I would have to get back to the Hon- Hon. E. T. (Bob) Richards: That is wild speculation. ourable Member. He just cannot make up numbers. He has no evidence on that so I do not want to hear any numbers. If I can- Mr. W. Lawrence Scott: Would the Minister be able to not give you a number, certainly you cannot, Honour- provide an approximation—we would not hold you to able Member. it—but just an approximation? Mr. W. Lawrence Scott: Mr. Chairman, what I will do [Crosstalk] is . . . the Minister of Transport has already acknowl- edged that I have expertise and knowledge of the in- Hon. Shawn G. Crockwell: Sure, I will defer to the dustry. I can extrapolate from other transactions simi- Minister of Finance to address that question. lar to the project that they are looking at doing. We are Thank you. along the same timeline. Normally it is approximately $5 [million] to $6 million given over the course of this The Chairman: The Chair now recognises the Minis- year. ter of Finance, Mr. Bob Richards. Hon. E. T. (Bob) Richards: Point of order.

Bermuda House of Assembly 1012 2 March 2016 Official Hansard Report

Mr. W. Lawrence Scott: But I would like to move on has asked these questions for how long, Mr. Chair- to— man? And we have yet to receive one answer. You tell me who is responsible for this project. The Chairman: Your point of order? Who is showing responsibility as the Government?

POINT OF ORDER The Chairman: Opposition Leader, you have made [Misleading] your point. Are you finished? Hon. E. T. (Bob) Richards: The Honourable Member is misleading the House. He does not know of any Hon. Marc A. R. Bean: Maybe. Maybe. other project like this one. This one . . . the only other project that has been like this one is Quito, and that [Laughter] was like 200 times bigger than ours. So I do not care what he knows, he does not know about this. Any ex- Hon. Marc A. R. Bean: I would just like that clarity, trapolation will be totally speculative and therefore Mr. Chairman. would be misleading the House. A question was asked, we did not receive a response. My Shadow Minister sent out a figure The Chairman: The Chair recognises the Opposition based on his best estimate based on his experience. Leader. Do you have a point of order? He is not the only one in here who has experience in air transport on this side. So we should not be taken Hon. Marc A. R. Bean: Thank you, yes, I appreciate for fools. We know what we are talking about and that it, Mr. Chairman. No, this is not a point of order. I is why we are asking simple, basic questions—that we would just like to continue the contribution, since the cannot get responses for. That is a shame. Not all this Honourable Minister thought that he would insert him- pontificating and everything that we are seeing from self to this debate. this side. Not once have you answered one question My Shadow Minister has asked a simple transparently over this airport. Not once. question that this Government cannot answer. So, then, when my Shadow Minister puts out a figure, he The Chairman: Thank you, Member. gets point-of-ordered. Is it not the responsibility of this The Chair once again recognises the Shadow Government to come to the House and provide infor- Minister, Lawrence Scott. mation, or are you doing a project that has no costing attached to it? What is going on? You are holding my Mr. W. Lawrence Scott: I was going to go on to Ma- Shadow Minister to account for information that you rine and Ports, Head 30—but just to answer the Minis- have not provided yet. ter of Finance—

[Inaudible interjection] The Chairman: If you can stop just for one second, I just want to inform you and the Minister that this time I Hon. Marc A. R. Bean: You cannot just make up . . . am quite accurate to say that we have about seven I have never heard of a project without numbers. minutes remaining.

Some Hon. Members: But you just cannot make Mr. W. Lawrence Scott: Thank you. them up. But there are similar projects that have been out there—Quito is one, Bahamas is another, Cayman Hon. Marc A. R. Bean: I would think that you would is another that did not actually go through with CCC have the numbers before you start. But, again, you and Aecon. Antigua and Barbuda is another one, Ja- put the cart before the horse and you are going to maica is another one, Trinidad and Barbados is another hold my Shadow Minister to account? I doubt it. one which we brought up. So do I need to go on about It does not make any sense to me. It seems how many different types of examples are out there? I like you have not done your job properly. So we come can tell you from history and from other projects that up in here and we ask questions to hold you to ac- are out there that it would cost this country approxi- count and you take offence. mately $5 [million] to $6 million to get out of a contract that would cost us $250 million at the very least over An Hon. Member: I am not taking offence. the course of 30 years. I will now go onto Head 30. Hon. Marc A. R. Bean: I am not saying, Minister, that you are personally taking offence, but clearly you are [Inaudible interjection] jumping out of your chair and you are point-of- ordering my Shadow Minister who is asking simple Mr. W. Lawrence Scott: When it comes to our boating questions. How much does A, B, C and D cost? He culture . . . and I hear the Honourable Minister Gordon- Pamplin talking about something she has no interest or Bermuda House of Assembly Official Hansard Report 2 March 2016 1013

no knowledge about, so I will continue on Head 30. All even during the America’s Cup, the World Series, peo- right? That the Minister will go forward— ple are out there on the water on these boats and basi- cally you can be (I believe) 16 years old and you are Hon. Patricia J. Gordon-Pamplin: Point of order, Mr. able to operate a boat. I think that it has been looked at Chairman. in the past. But similar to why we have conversations quite often on road safety, it is the mischief that drives The Chairman: The Chair recognises the Minister regulation sometimes. Gordon-Pamplin. We have had over many years—over dec- POINT OF ORDER ades—issues on the roads that have been a focal [Misleading] point. For some reason, and I am not a great mariner, but for some reason we have not had a great deal of Hon. Patricia J. Gordon-Pamplin: The Honourable safety issues on the water. There seems to be this Member is misleading the House. code of honour on the water where boat users—and The Honourable Member says I am speaking this is worldwide. There seems to be this care for your on an issue of which I know nothing. That is not correct fellow mariner, there seems to be this care for the wa- so the Honourable Member is misleading the House. ter. I cannot speak to it and I know that there are mari- ners in the House that can probably speak to that cul- [Inaudible interjection] ture, but there is a good culture and good behaviour on our waters. So because we have not seen a prolifera- Hon. Patricia J. Gordon-Pamplin: That is not cor- tion of safety issues on the waters it has not been rect. something that has been at the fore. Certainly, it is something that we should be mindful of going forward. Mr. W. Lawrence Scott: Thank you. Mr. W. Lawrence Scott: So, Minister, I understand The Chairman: Thank you, Minister. You may resume. what you are talking about. However, I fail to . . . what it sounds like you are saying is we will not do anything Mr. W. Lawrence Scott: When it comes to Marine and until somebody dies or somebody is hurt or we have a Ports, and just to put things in context. It comes to rash of things. I think that it is better for us to— when you go to non-mariners. Non-mariners— everybody is having a good old time. You have jet skis, POINT OF CLARIFICATION you have Boston Whalers, you have everybody there. But my understanding is that there is no such thing Hon. Shawn G. Crockwell: Point of clarification. I am (and I am exaggerating to prove a point), that you do not saying that. The point is that some can say if it is not have a boating licence unless it is 26 or 36 feet or not broke, do not fix it. The point I am making is that longer. there is not a problem. However, it is always good to be Would it not make or cause us to have a safer preventative. boating culture if we were to have a licensing pro- Again, we can look at whether or not there gramme for all watercraft? When it comes to all water- should be something in place because, again, a 16- craft, if you have a jet ski you have to take a test and year-old can get out there and ride a small punt, or you move from there. As the boat or marine vessel gets whatever, and then in two weeks he could have a 30- larger and larger, the test becomes more and more footer and still be operating it and not be required to comprehensive. Therefore, by the time you get up to 26 have a licence. I understand the crux of your question feet, 36 feet, 46 feet, you now have a very comprehen- and concern. sive test which you have to take. I think that it would be good for us to try and put this in place, once again, the Mr. W. Lawrence Scott: Yes, because the thing is that money and the revenue that could come from having we are talking about our roads and when I look at the this boating licence and having to pay for a boating li- roads and started researching our road safety and po- cence could add revenue to the country while making licing strategy, I just noticed that we did not have that our water safer over the course—especially with the for the water. With the America’s Cup coming, I do not America’s Cup coming up. want America’s Cup to be marred by an unfortunate I will just defer to the Minister. incident. If something happens, and if we say, Oh, this person was out in a 30-foot boat that they bought and Hon. Shawn G. Crockwell: Thank you. was using personally, but they did not have a licence . . First of all, licences are required for boats of . I mean, I think that an ounce of prevention is better that size that are for hire. For individuals who are hav- than a pound of cure. ing their private boats, there is no licensing regime for Maybe if the Minister can have an undertaking that. . . . I understand the history, but I do not want us to be I hear it. I ask the same questions, particularly unprepared. It is sort of like we have not had a plane when you see some of the sizes of these boats and crash here, so let us not do any drills. Let us not have a Bermuda House of Assembly 1014 2 March 2016 Official Hansard Report plan in place because it has not happened yet. That Is there any objection to that motion? sounds irresponsible. I think that we should really start No objections. looking into making sure that there is just as much Agreed to. regulation on the water when it comes to licensing and preventative water safety as much as it is for road [Gavel] safety. [Motion carried: The Committee of Supply agreed to The Chairman: Members, unfortunately, we have rise and report progress, and sought leave to sit reached the end of the allotted time for these Heads in again.] reference to the Ministry of Transport. Minister, Honourable and Learned Member, House resumed at 7:46 pm are you prepared to move Heads 48, 30, 31, 34, 35, 57 and 73? [Hon. K. H. Randolph Horton, Speaker, in the Chair]

Hon. Shawn G. Crockwell: Yes, Mr. Chairman, I move REPORT OF COMMITTEE that they now be adopted. ESTIMATES OF REVENUE AND EXPENDITURE The Chairman: Members, the Minister has asked that FOR THE YEAR 2016/17 those aforementioned Heads be approved. The Speaker: Members, it is agreed that we rise and Ms. Lovitta F. Foggo: Excuse me, Mr. Chairman. report progress on Friday at the next meeting. I do not think that you necessarily want to Orders Nos. 2, 3, 4 and 5 are carried over. I move Head 48 until you do the section on the tourism. understand that the Minister of Health, Seniors and the Environment—I recognise the Minister. An Hon. Member: Yes. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Ms. Lovitta F. Foggo: Yes, you will want to withhold Mr. Speaker I move that the Bill entitled the that, Minister. Public Health Amendment Act be now read the sec- ond time. Hon. Shawn G. Crockwell: Yes, thank you Honour- able Member. The Speaker: Any objections to that? Yes, Head 48 will remain open because as the Carry on please, Minister. Headquarters also involves tourism so we can move Heads 30, 31, 34, 35, 57 and 73. BILL

The Chairman: It has been moved that Heads, 30, 31, 34, 35, 57 and 73 be approved. SECOND READING Are there any objections to that motion? No? PUBLIC HEALTH AMENDMENT ACT 2016 So approved. Hon. Jeanne J. Atherden: Mr. Speaker, and Honour- [Gavel] able Members of the House, the Public Health Act th Amendment Bill 2016 was tabled on the 9 of Febru- [Motion carried: The Ministry of Tourism Development ary 2016. and Transport, Heads 30, 31, 34, 35, 37 and 73 were Mr. Speaker, this Act amends the Public approved and stand part of the Estimates of Revenue Health Act 1949 and is intended to: and Expenditure for the year 2016/17.] 1. Assign statutory authority to the Director of Health and other public health officers; [Pause] 2. Modernise the list of reportable diseases; 3. Provide a mechanism for the list of notifiable The Chairman: Mr. Finance Minister? diseases to be regularly amended and up- dated; Hon. E. T. (Bob) Richards: Sorry, Mr. Chairman. 4. Increase the fines and penalties commensu- Mr. Chairman, I move that we rise and report rate to modern value. progress and agree to meet on Friday, [March 4, 2016]. Mr. Speaker, in 2012, after review of the The Chairman: Members, the Finance Minister has management consulting section, the Department of moved that the Committee rise and report progress and Health was reorganised. The post of Director of asks for leave to sit again. Health was created to take operational control of the Bermuda House of Assembly Official Hansard Report 2 March 2016 1015

Department freeing the Chief Medical Officer to better Mr. Speaker, a further amendment requires focus on leading and regulating health professionals persons suffering from or having been exposed to in- with oversight of standards of practise and health in- fection to be medically cleared before returning to surance. work in an occupation where there is a risk of spread- Planning for the health sector—the epidemiol- ing the disease. ogical investigation of infectious disease outbreaks Mr Speaker, the Bill provides for revisions of was retained by the office of the Chief Medical Officer. fees payable and penalties imposed under the Act. Mr. Speaker, changes in responsibility of the The Bill revises the penalties under the Act to provide Act from the Chief Medical Officer to Director, where for substantial increases as the penalties have not appropriate, will give the Director of Health the neces- been revised for some time. The Bill removes the low sary statutory authority especially for business that is fees currently payable under the principal Act. carried out by the officers of the Department of Health Mr. Speaker, I hereby introduce the Public and where the Director is accountable. Health Amendment Bill 2016 to this Honourable Mr. Speaker, the Public Health Act contained House on behalf of the Ministry of Health, Seniors and outdated titles for some public health officers; namely, Environment. the health inspectors and chief health inspector, post Thank you, Mr. Speaker. titles have not been in use for approximately 30 years. These posts have been retitled as the work is cur- The Speaker: Thank you, Minister. rently being performed by the Environmental Health The Chair will now recognise the Honourable Offices and the Chief Environmental Health Officer. Member who is the Shadow Minister of Public Safety These titles have been updated in the Act to reflect who will be filling in for the Shadow Minister of Health; modern practise. correct? Mr. Speaker, the notifiable communicable dis- eases list contained in the Public Health Act were out- Mr. Walter H. Roban: Yes, thank you, Mr. Speaker. dated because they were missing emerging diseases I am filling in for the Shadow Minister of such as Ebola Viral Disease (EVD), Lassa Fever, Health; I am Shadow Minister of Home Affairs. I have Marburg virus disease (MVD), West Nile fever, Rift been updated—my title has been updated. Valley fever, or other viral haemorrhagic— The Speaker: Okay, Home Affairs. [Inaudible interjection] Mr. Walter H. Roban: Yes, thank you, Mr. Speaker. Mrs. Jeanne J. Atherden: It is definitely a tongue A few comments on this Bill. Thank you for twister. the presentation by the Honourable Minister from con- —sever acute respiratory symptoms (SARS), stituency 19. Middle East Respiratory Syndrome, coronavirus, On a point review of the Bill we see that it is MERS cough [MERS-CoV], Chikungunya, and Zika pretty much a Bill that is doing principally housekeep- virus. ing and continuing the process of reorganisation of the Mr. Speaker, new infectious diseases are Health Department which started some years ago with constantly emerging and a mechanism to update the splitting off and reorganising some of the duties that reportable communicable diseases list was needed to were with the office of the Chief Medical Officer and empower the Minister to rapidly revise the list when creating a Director of that agency. I believe it is a needed. The Minister will now be able to amend the streamlining process which has taken a few years, but list by order published in the Gazette, adding new dis- it is important that it be done and continued and we eases so that the public health can stay in step with are pleased that that is continuing so that we do have international disease trends. These provisions are a Health Department that can continue to address the important because unless diseases are adequately needs of our Island’s public health, which is not only reported they cannot be rapidly investigated and con- something that is shaped locally but also by interna- trolled. tional practise and guidelines set by PAHO as well as Mr. Speaker, Zika virus has been included in the WHO. the list of communicable diseases following the de- We note also in the Bill as you go on, Mr. claring by the WHO making the Zika virus a public Speaker, that there are other steps being taken to health emergency of international concern at the be- deal with how we manage persons who may be at risk ginning of February 2016. of contracting or have been inflicted with communica- Mr. Speaker, an amendment has been in- ble diseases. That is important because as we have cluded to allow contact tracing to reflect epidemiologi- seen, and the Minister made reference to this, with cal practises. These are people who have been in over the past year alone with the occurrences with the contact with infectious diseases and who, though not Zika virus, as well as the period now post Ebola [epi- yet ill, may be incubating a disease. demic] which happened in about three or four African countries, there has been a push internationally to Bermuda House of Assembly 1016 2 March 2016 Official Hansard Report update public health processes because as we know, Mr. Speaker, though that particular epidemic came out [Inaudible interjection] of Africa in about four or five African countries, it did have impacts in other parts of the world even as far as Mr. Walter H. Roban: Okay, are you confident that all our area of the world in North America—particularly in the procedures right now, irrespective of what we are the United States where some persons who had con- bringing to the House today, are in order and that if tracted it found their way to the US and they had to be met with such a situation Bermuda could handle cer- managed in that environment, as well as persons who tainly at least one or two cases that might come on were working to combat the actual epidemic had to be our shores? That is one question I would like for the managed as well. Minister to answer around these amendments. Other As we saw, in some cases exaggerated reac- than that, we wish to support this Bill and the work tions by some jurisdictions in the West and then there that is being done by the Public Health Department, were some that perhaps could have been better in and we see the wonderful experts in that department reference to their reaction. Some tried to do overkill— who are here today so we know that the work is being literally sort of put people into sort of levels of quaran- done, so we would like to just know the answer to that tine which were unreasonable and violated their hu- question on this matter. man rights, to some jurisdictions that were not quite Thank you very much, Mr. Speaker. ready. As we see here in some of the clauses of this Bill, there is an effort to update our own procedures The Speaker: Thank you, Honourable Member. Is around these sort of situations. That is important be- there any other Honourable Member who would care cause the Zika virus is certainly still here. There is still to speak to this matter? the annual situation with the flu and other things that There are no Members who would like to do occur, so just because those more dramatic inci- speak. I will ask that the Minister respond. dents have happened, Mr. Speaker, it does not mean that once they are gone there is nothing that we have Hon. Jeanne J. Atherden: First of all, I would like to to deal with. These issues happen all year-round and assure the acting Shadow Minister today that on a so it is important that even as a small jurisdiction we regular basis the Department of Health and the [Ber- have the most up-to-date processes and procedures muda] Hospitals Board [Bermuda Hospitals Board] in place to handle these situations and it be as mod- meet regularly to deal with the different types of cases ern as possible. I do believe that we have seen, as I that could come to our attention. said, over the past year that out of the Ebola situation That means that there is a general procedure there was seen a need to change how jurisdictions as to how it relates to handling communicable dis- deal with these sort of situations. eases, period. But when something does come to our Certainly, this Bill does appear to be trying to attention in terms of a specific case then the Depart- address that as well as, and as I said, there is a reor- ment of Health and BHB meet and they talk about ganisation component for the Department of Health what they need to do collectively whether it would be which is an ongoing process. We, certainly, on this to just simply monitor the persons via their doctor or side are supportive of this Bill knowing that this is par- whether it means that they should be doing something tially housekeeping, partially reorganisation, it is im- in terms of putting them in some sort of isolation. BHB portant that these things be done on a regular basis to would then create an isolation facility, if it was neces- ensure that we as a jurisdiction have the highest stan- sary, as I say, in the case of when we would just— dards, the highest level of procedures in place and we hoping to protect ourselves against Ebola or some- must always, irrespective of the resources that are thing like that. There was also the provision that we available, make sure that we are doing our best to could do something like that. But in terms of some of follow them. the other diseases which are not quite viral or danger- I do have one question for the Minister. One, ous, the BHB and the Hospital would get together. what facilities do we have in place at the moment to handle a situation where we may have a resident of [Inaudible interjections] this country or somebody who comes here who per- haps has been exposed to such a disease or may The Speaker: The Chair recognises the— have been in a jurisdiction where there has been pos- sible exposure; and two, has contracted a communi- Hon. Dennis P. Lister: I have a question for the Min- cable disease and has come to our Island—so what ister. do we have in place from the standpoint of facilities to be able to effectively manage, perhaps a quarantine The Speaker: You have a question? situation, and to monitor persons who may find them- selves within our jurisdiction in this situation in a way Hon. Dennis P. Lister: I just need a clarification. The that will not bring unnecessary panic or concern for Minister indicated there had been created an area if our public. Do we have those facilities in place? there was a quarantine required. Is that what you Bermuda House of Assembly Official Hansard Report 2 March 2016 1017

said? Or do they have an area already for quarantine penalties imposed, under the Act. The Bill reduces the in which to quarantine people? responsibilities of the CMO by providing for the Direc- tor of the Department of Health to undertake respon- Hon. Jeanne J. Atherden: If something came up, sibilities under specified sections currently performed they have an area which has been designated, if they by the CMO. The Bill also revises the penalties under would need to use it. I think if you look at clause 7, the Act to provide for substantial increases as the you would see that we have strengthened that provi- penalties have not been revised for some time. The sion— Bill removes the low fees currently payable under the principal Act. [Crosstalk] Madam Chairman, I wish to move the clauses in groups by topics. The Speaker: Clear that up in Committee. The Chairman: That would be clauses 1 to what? Hon. Jeanne J. Atherden: When we get into Commit- tee. Hon. Jeanne J. Atherden: This is general provisions clauses 1 through 4. The Speaker: Minister, can you ask that the Bill be committed? The Chairman: Thank you. Are there any objections? There are no objections. Hon. Jeanne J. Atherden: I wanted to make sure Please proceed. there were not any more questions. Hon. Jeanne J. Atherden: Clause 1 provides a cita- The Speaker: Questions? tion for the Bill. Clause 2 amends the principal Act in section 2 Hon. Jeanne J. Atherden: Well, Mr. Speaker, then to insert a definition for the term “Director,” and to de- can I then ask that the Bill be committed? fine the Director as the Director of the Department of Health. The clause further amends section 2 in the The Speaker: Yes. definition of “Public Health Officer” to change the des- It has been moved by the Minister that the Bill ignation of Chief Health Inspector to Chief Environ- be committed. mental Health Officer, and that of Health Inspector to Any objections to that? Environmental Health Officer. Clause 3 amends the principal Act in sections Some Hon. Members: No. 12(1), 77(5), 87, 89(3a), 115, 124 and 127 so as to provide for the Director of the Department of Health to The Speaker: Deputy Speaker, will you please take assume responsibility for the conduct of the functions the Chair [of Committee]? under the stated sections, currently the responsibility of the CMO. The clause also amends section 178(1) [Pause] to include the Director as an officer, together with the CMO and the Chief Environmental Health Officer, who House in Committee at 8:03 pm may sign documents on behalf of the Minister. Clause 4 amends the principal Act in section [Mrs. Suzann Roberts-Holshouser, Chairman] 66 by revising the definition of “communicable disease of the first category” to include communicable dis- COMMITTEE ON BILL eases set out under Annex 2 of the International Health Regulations 2005 issued by the World Health PUBLIC HEALTH AMENDMENT ACT 2016 Organization (WHO). The Zika virus has been in- cluded in the list of communicable diseases following The Chairman: Honourable Members, we are now in a declaration by the WHO making the Zika virus a Committee of whole [House] for further consideration “Public Health Emergency of International Concern” at of the Bill entitled Public Health Amendment Act 2016. the commencement of the month of February this I call on the Minister in charge to proceed. year. Minister, you have the floor. The Chairman: Thank you. Are there any Members Hon. Jeanne J. Atherden: Madam Chairman, I would that would like to speak to clause 1 through 4? like to—this is clause by clause. Thank you. The Chair recognises the Member This Bill seeks to amend the Public Health Act from constituency 15, Pembroke East, Mr. W. H. Ro- 1949 (the “principal Act”) so as to provide for changes ban. in the responsibilities held by the Chief Medical Officer You have the floor. (CMO) and to provide for revision of fees payable, and Bermuda House of Assembly 1018 2 March 2016 Official Hansard Report

Mr. Walter H. Roban: Thank you very much, Madam somewhere else—especially with the Ebola—where Chairman. they were coming from the US or the UK and so they I just had a question about the amendment to were already having some measure of review and clause 4. How often is this definition sort of ad- control back then. So we rely on our relationships with dressed? Is this done on an annual basis or just as is our partners, and that is another way of making sure needed where they add possible diseases to this list? that we protect ourselves. The other thing that we can also remember The Chairman: Thank you. Are there any other that because we have access to the manifests, we Members? know where these persons are coming from, so that is No? Thank you. The Chair recognises the another thing and I just wanted—you asked a ques- Learned Member from constituency 36, Sandys North, tion earlier—and I just wanted to remind you as well the Honourable M. J. Scott. that if we ever had to do an isolation, then the hospital You have the floor. has an ICU that they would turn around and use that.

Hon. Michael J. Scott: Thank you, Madam Chairman. The Chairman: Thank you. Are there any other To the Minister, my question and concern is Members that would like to speak to clauses 1 that the portability of the Zika virus through borders of through 4? international—including the L. F. Wade Airport—I The Chair recognises the Member from con- know that we had the requirement for persons to re- stituency 36. port, but what can we be assured of is in place to en- sure that potential visitors and travellers who are in- Hon. Michael J. Scott: A question occurred to me fected or exposed to Zika are reached at the earlier now that we are in the discussion of this and it may stage (before they cross our border) if any—perhaps regard a doctor’s opinion. I recall that the Zika virus is the regime only kicks in after persons become ill hav- a virus that has been tasking and troubling women ing crossed our border. But is there a standard of and then their births have produced [problems] which practise or best practise which seeks to apprehend are troubling. Is it a virus that is also exposing men— these carrying travellers at our borders. that men can contract? Thank you. Some Hon. Members: Yes. The Chairman: Thank you, Member. Are there any other Members? Hon. Michael J. Scott: Okay— Minister? [Inaudible interjections] Hon. Jeanne J. Atherden: Thank you, Madam Chairman. The Chairman: Thank you. The Chair recognises the First of all, as it relates to adding to the list, Minister. that can be added as needed. So the Minister is able to add a virus or communicable disease to the list as Hon. Jeanne J. Atherden: I will answer that officially, needed. With respect to preparation and our borders, I although it has been answered unofficially. guess I could sort of remind Members back to the last I think that if you have seen some of the more virus that everybody got excited about which was the recent information it has been determined that the Ebola virus because I do not know whether you re- Zika virus can be transmitted by sexual contact. So it member at that point in time, in addition to being means that some person—whether it be the male or aware of it, we had procedures down at the airport female—if they have been bitten by the mosquito, with all the notices when you came in asking whether they then can transmit it to either party and that is you had had any sort of fevers and all sorts of other something that we have to be aware of. stuff, and asking if you had been in any areas where you might have been exposed to that type of virus. The Chairman: Thank you. Are there any other But also it asked you about a couple more as well. Members that would like to speak to clauses 1 In addition to that it reminded the travellers to through 4? be in touch with their doctors if they felt any symp- Thank you. The Chair recognises the Member toms, and it also reminded them not to go to the from constituency 15. emergency, but to stay at home and to talk to their doctors so that we can reduce any spreading, et cet- Mr. Walter H. Roban: My question is a, perhaps, era, so what we have tended to do is rely on our con- general question. It does relate to this amendment Act sultation with PAHO and WHO in terms of best prac- but it is just for—not only for the benefit of the House tise and then in some cases—especially in the case of but also the benefit of the public—as to now, with this Ebola—you can remember that, most of the time, Director within the Department of Health, specifically, anybody who is coming to Bermuda is coming from Bermuda House of Assembly Official Hansard Report 2 March 2016 1019

what are some of the duties that the Director has in Clause 6 amends the principal Act in section contrast to the Chief Medical Officer? 69(1) by inserting a paragraph (c) to empower the If the Minister can just perhaps detail that Chief Medical Officer to require that a person who has which would also be helpful I think to the understand- been in contact with a person suffering from a com- ing of how this Act is going to be administrated within municable disease be medically examined. the responsibilities of the Department of Health. Clause 7 amends the principal Act by repeal- ing and replacing section 71 so as to provide that a The Chairman: Thank you, Member. person exposed to or suffering from a communicable Minister? disease shall not carry on an occupation. The provi- sion further requires that such person shall not re- Hon. Jeanne J. Atherden: I was hoping that the sume work in his occupation until he has received a Honourable Member would wait for Monday when I certificate from a medical practitioner confirming the am doing my Budget Debate. I can explain to him following: (i) that although exposed to a communica- what happens with the CMO who has our own section ble disease the person has not contracted the dis- in the department—the Director of Health who has his ease; (ii) in the case where the person contracted a as well. communicable disease, that he has been cured from such disease; or (iii) in the case where the person is The Chairman: Thank you. The Chair recognises the not cured from a communicable disease he con- Member from constituency 15. tracted, that the disease has become non-infectious.

Mr. Walter H. Roban: In light of that, I withdraw the The Chairman: Thank you. question and allow the Minister to go on since she is Are there any other Members that would like going to be doing it during her debate. to speak to clauses 5 through 7? The Chair recognises the Member from con- The Chairman: Perfect, thank you. stituency 15. Are there any other Members that would like to speak to clauses 1 through 4? Mr. Walter H. Roban: Thank you, Madam Chairman. There are none. A question for the Minister: These are very Minister—can you move . . . sort of methodical procedures that are being put in place to deal with these situations and how the Public Hon. Jeanne J. Atherden: Madam Chairman, I move Health authorities are going to manage persons when clauses 1 through 4 concerning general matters. these situations arise. Will there be certainly an effort to communicate to the representatives of the business The Chairman: It has been moved that clauses 1 community and other organisations, how they might through 4 be approved as printed be supportive of the efforts of the Public Health Au- Are there any objections to that motion? thority to manage these situations as they arise? Cer- No objections. tainly, whether the unions and people like the Em- Agreed to. ployers’ Council and the Chamber of Commerce have some knowledge of this sort of thing—just as has [Gavel] been done around health and safety provisions— whereas there is a responsibility on businesses to be [Motion carried: Clauses 1 through 4 passed.] knowledgeable on how they must conduct themselves around health and safety matters. The Chairman: Minister, please proceed. Will you be communicating some of the infor- mation that is around, or what we are doing today, to Hon. Jeanne J. Atherden: Madam Chairman, I would those same groups so that if a situation arises with now like to move Communicable Diseases which is staff who may find themselves to be ill and maybe clauses 5 through 7. showing symptoms that may possibly indicate that they have such a situation, that they know also how to The Chairman: Are there any objections? handle those situations? There are no objections. Please proceed. Let us face it, sometimes people can be stub- born about going to work, but if there is an awareness Hon. Jeanne J. Atherden: Clause 5 amends the in the community that there is a situation with a possi- principal Act by repealing and replacing section 67 to ble communicable disease then even an employer empower the Minister, for the purpose of the protec- can say, Listen, we know what is going on. We know tion of public health, to amend, by order published in how to handle this. You go home and make sure you the Gazette, the provisions of section 66 so as to in- do those certain things. Sometimes people need— sert in that provision new diseases as communicable their work ethic may be so high that they may put oth- diseases or venereal diseases. ers in danger. Bermuda House of Assembly 1020 2 March 2016 Official Hansard Report

That is my point in that our employers are also Peace for a declaration made by a parent who is a knowledgeable enough so that if they come across an conscientious objector to the vaccination of their child. employee who might show symptoms of a particular Clause 9 amends the principal Act by repeal- situation they can say, Listen, go home. You will need ing sections 68(4), 117(2) and 159(3) which require to contact your physician to let them know what your payment of low fees. The clause further repeals sec- symptoms are because we have been made aware tion 98 which restricts employment of persons suffer- that there may be potential situation. So that employer ing from venereal disease. can know how to handle it as well—not only the peo- Clause 10 amends the principal Act in sec- ple who may have contracted it. tions 18, 19, 39, 41, 55, 56, 63, 73, 76, 77, 78, 81, 82, 91, 105, 114, 126, 138, 143, 145, 159, 171, 180, 181, The Chairman: Thank you. Minister? and 186 to increase the fines imposed under the stated provisions to the amounts set out in column 4 Hon. Jeanne J. Atherden: Yes, and I would just like of the Schedule. to say to you that routine communication does take place with the relevant stakeholders. As you can ap- The Chairman: Thank you. Are there any Members preciate, just think about food handlers and places like that would like to speak to clauses 8 through 10? that—remember you have seen these messages up The Chair recognises the Member from con- there reminding people about what they should do. I stituency 15. think that as we go forward and as we make these changes to different things we remind people about Mr. Walter H. Roban: Thank you, Madam Chairman. what is happening and I think—remember when we A question on clause 8, and also perhaps a had the thing about the Avian flu and stuff like that— comment as well, as I see clause 8 deals with and so getting the message out there, and the same thing amends the principal Act in the appropriate section to like when you are sneezing and coughing in your remove the requirement for a fee being paid to the hands and stuff like that, that is done regularly and it Justice of the Peace for a declaration made by a par- will continue to be done regularly. ent who is a conscientious objector to the vaccination of their child. The Chairman: Thank you. Are there any other I think this raises a very interesting issue Members that would like to speak to clauses 5 about—well, I did not realise that fees had to be paid through 7? around that in particular—but around the issue of the Minister, please proceed. conscientious objection that parents can make con- cerning their child having certain types of vaccina- Hon. Jeanne J. Atherden: Madam Chairman, I move tions. As I recall, Madam Chairman, certainly I re- clauses 5 through 7 concerning communicable dis- member when I was 4 or 5 or whatever that it seems eases. that a bunch of us were lined up in the nursery—

The Chairman: It has been moved that clauses 5 [Laughter] through 7 be approved as printed. Are there any objections to that motion? Mr. Walter H. Roban: My parents were not around. I No objections. do not even know if they knew that we were getting Agreed to. the vaccination. We were all jabbed by some lady—

[Gavel] [Inaudible interjection]

[Motion carried: Clauses 5 through 7 passed.] Mr. Walter H. Roban: —for whatever. I do not recall. I do not know what the procedure was back then but it Hon. Jeanne J. Atherden: Madam Chairman, I would seemed to be regimented and straightforward, and like to move Fees, which are clauses 8 through 10 whether a parent even had an objection does not and the Schedule. even seem to have [mattered] at all. I see now that this is in here and it seems like because we are now The Chairman: We will do it separately— in a different time that there seems to be more parents making issues—certainly there have been some situa- Hon. Jeanne J. Atherden: Clauses 8 through 10. tions that have occurred around certain types of vac- cinations, and we know that. But I do not know how The Chairman: Thank you. strong this movement is in Bermuda. Certainly, I re- spect the fact that parents do have that right to be Hon. Jeanne J. Atherden: Clause 8 amends the concerned about the interests of their child and these principal Act in section 115(2)(b) to remove the re- vaccinations. quirement for a fee to be paid to a Justice of the Bermuda House of Assembly Official Hansard Report 2 March 2016 1021

I am also hopeful that the Ministry and the Particularly those who have children going into the Public Health Department are also being quite asser- school environment, perhaps they have been in a tive on educating people and keeping the education more sanitised home environment where they are not out there about vaccinations and about the need for in a lot of contact with other children or other persons. them. What we see in other jurisdictions where it has The exposure in the school environment could create happened where you have had the pockets of chil- a health issue if that child is not vaccinated. dren—because of beliefs that seem to have formu- I say all this to be mindful of the conscientious lated in recent decades about vaccinations and their objection that is clearly outlined here but at the same need, often that creates certain epidemics and prob- time, Madam Chairman, that the department is being lems for communities of children. I always try and re- assertive on the education so that even if a person member from the standpoint of history—well, remem- may be inclined to conscientiously object, they have ber Bermuda once had its own situation of a runaway all the proper information that they need if they are disease with yellow fever that was, historically, not being bombarded by the so-called myths that are be- that long ago. ing put out there, at least we are doing our job to The reason why that was combated was be- make sure they have the right information. cause of Public Health efforts, particularly with assis- tance from the US Government and our Government The Chairman: Thank you. which helped to deal with that situation in the early Are there any other Members that would like 20th century. Now we do not have those problems and to speak to clauses 8 through 10? we can go back in history—the deaths that that situa- There are no other Members. Minister? tion inflicted on Bermuda going back even further which also in some ways tarnished our reputation as Hon. Jeanne J. Atherden: First of all, I just wanted to an Island. People thought this place was wallowing in remind us that the immunisation schedules, what we yellow fever and disease at one point. That, of course, use now, is according to the international standards. has been combated now and that is because of good We give out booklets that suggest to people what type public health practises. of immunisations our children should have. But as you I say all that to—and certainly we are not in an indicated, we tend to be more consultative with the era where I remember anymore, but perhaps some of doctors’ offices. We tend to give out information about you remember, where you go the jab and that was why they should have it. The reason we do that is be- done and no one had any questions. Now we have cause, as you alluded to slightly earlier, it is a fact that many more sort of issues with parents about what you do not want one person not to have it and then be their children get. I do hope that around this issue of that person that is spreads it amongst all the children the conscientious objection which is available that at and then before you know it we have a problem. the same time that the Public Health authorities are We do try and make sure we educate people actually assertive in their education to parents be- on the reasons you should have it, make sure that it is cause some of our parents—let us face it—are not available to them, but if in the end there is someone necessarily knowledgeable about these things before who decides that they are going to be a conscientious they become a parent. When they become a parent— objector, we do not want them having to pay a fee as because the Internet, because of all types of stuff, a deterrent. We definitely do things differently now they get misinformed about vaccinations. making sure that we work with the doctors and that There should be somebody out there giving people are educated on the benefits. them facts in an assertive manner so that when par- ents are beginning to prepare their children to go to The Chairman: Thank you. Are there any other school they are given the information, it is provided to Members? them, about the need to follow that vaccination regime The Chair recognises the Member from con- that your doctor gives to you. Anybody that is a parent stituency [20]. knows that local doctors have a little regime that they follow with you and your child. You go to the doctor Mr. Walter H. Roban: I thank the Minister on that. I where they will prescribe and administer certain vac- make my point, Minister, because I am becoming cinations. Also, people should know that they can get concerned because of the economic climate that we those same vaccinations at the Public Health Depart- have, there are a lot of young mothers who may not ment for less cost if there is an affordability issue. have the benefit of health insurance and that they may Perhaps some parents do not have health in- not have the opportunity to go a paediatrician or even surance and feel that because they do not have it— their own physician. You may find that our own clinic maybe because they are unemployed and they have is actually—and perhaps you can answer this ques- children—that they cannot get the vaccinations. That tion for me—that more of these young women who is not true. They can go to the Health Department and have children are finding their way to the clinic for the Health Department will assist in administering their issues rather than finding their way to a physician them for the benefit of their child’s safety and health. because they do not have health insurance. The clinic Bermuda House of Assembly 1022 2 March 2016 Official Hansard Report itself is being quite assertive (in my view) hopefully in The Chairman: It has been moved that clauses 8 to making sure that they have the information. That is my 10 be approved as printed. Any objections to that mo- concern and I am hoping that you can give me some tion? feedback on that. No objections. Agreed to. The Chairman: Thank you, Member. The Chair recognises the Minister. [Gavel]

Hon. Jeanne J. Atherden: I can assure you that the [Motion carried: Clauses 8 through 10 passed.] Department of Health immunises the children for free and they are very diligent in making sure that they get Hon. Jeanne J. Atherden: Madam Chairman, I move the information out to the parents even from the be- the Schedule. ginning when their children are born they make sure that we give them the schedules to talk about when The Chairman: It has been moved that the Schedule they should come in, letting them know that they can be approved. come to the department and get it for free. Are there any objections to that motion? No objections. The Chairman: Thank you. The Chair recognises the Agreed to. Member from constituency 15. [Gavel] Mr. Walter H. Roban: Thank you, Minister. You actu- ally said what I had hoped you would say so that the [Motion carried: The Schedule passed.] public knows that they can go and get immunisations for free. Many people do not know that in this coun- Hon. Jeanne J. Atherden: Madam Chairman, I move try—that our public health system has this capability. the Preamble. In fact, the reason why we do not have people laying in the streets with all types of other huge viruses and The Chairman: Thank you. diseases is because of what our public health system It has been moved that the Preamble be ap- does all around the Island. I think it was important for proved. you to say that they can get it for free because I do Are there any objections to that motion? not think that many mothers know that. They can get No objections. the same quality of attention and treatment as they Agreed to. can get at a physician at our public health facility. Thank you. [Gavel]

The Chairman: Thank you, Member. Hon. Jeanne J. Atherden: Madam Chairman, I would Minister? like to move that the Bill be reported to the House.

Hon. Jeanne J. Atherden: I just want to assure the The Chairman: It has been moved that the Bill be Honourable Member that the Government does pro- reported to the House as printed. vide this free to the parents—obviously there is a cost Are there any objections to that motion? which the Government absorbs—but on top of that, it No objections. is funny because the acting [Shadow] Minister must Agreed to. have been listening to me today because I was just talking to my department head saying that we have to [Gavel] get the message out to the public about all the good things that we do—that Government provides—that [Motion carried: The Public Health Amendment Act they are not aware of. 2016 was considered by a Committee of the whole This is one of the things—the child clinics are House and passed without amendment.] on regularly and we make sure that this is a service that is offered. [Pause]

The Chairman: Are there any other Members that House resumed at 8:32 pm would like to speak to clauses 8 through 10? Minister? [Hon. K. H. Randolph Horton, Speaker, in the Chair]

Hon. Jeanne J. Atherden: Madam Chairman, I move REPORT OF COMMITTEE clauses 8 through 10, concerning fees.

Bermuda House of Assembly Official Hansard Report 2 March 2016 1023

PUBLIC HEALTH AMENDMENT ACT 2016 HUMAN RIGHTS AMENDMENT ACT 2016

The Speaker: The second reading of the Public Hon. Wayne L. Furbert: Mr. Speaker, I move that the Health Amendment Act 2016 has been approved, as Human Rights Amendment Act 2006 [sic]— printed. We will move on down to—Orders No. 7 through 10 are carried over. The Speaker: [It is] 2016— The Chair will recognise the Honourable Member from constituency 6, MP Wayne Furbert. Hon. Wayne L. Furbert: —2016, sorry—be read the You have the floor. second time.

Hon. Wayne L. Furbert: Thank you, Mr. Speaker. The Speaker: Are there any objections to that? Mr. Speaker, we stand here this evening— POINT OF ORDER [Inaudible interjection] Mr. Mark J. Pettingill: Point of order, Mr. Speaker. The Speaker: You have to, first of all, move for the second reading, move your motion for the second The Speaker: Yes? reading. Mr. Mark J. Pettingill: The Honourable Member said An Hon. Member: Unless you are going to withdraw 2006—clearly, he is thinking back in time. It is 2016. It it? is important that with respect that a Bill could be moved on its face does not cause anything mislead- Hon. Wayne L. Furbert: Well, that is what I was go- ing, and we need to address the citation as this is a ing to say. That is why I was going to stand, so I am Bill, in its Explanatory Memorandum, that is dealing going to move it. with the preservation of the institute of marriage being preserved between a male and a female. [Inaudible interjections] If you look at the amendment to section 2, Mr. Speaker, in the front page of the Honourable Mem- The Speaker: Sorry? ber’s Bill, it indicates save and except the institution of marriage shall be preserved and remain as defined by Hon. Wayne L. Furbert: Sorry. I will move it. I will go the Matrimonial Causes Act 1974 and the Marriage ahead and move it. Act 1944 . . . it is only the Matrimonial Causes Act, Mr. Speaker, that deals with the institution of marriage as [Inaudible interjection] being between a male and a female. The Marriage Act most specifically makes no mention of any such defi- Hon. Wayne L. Furbert: Yes, I am. It is [Order] No. nition. 11, yes. With all respect, we cannot debate that and I would invite the Honourable Member to at least The Speaker: [Order] No. 11. amend his position with regard to his proposed amendment of section 2 and 2(a), 3(b) and delete the [Crosstalk] words “and the Marriage Act 1944” because it is clearly wrong and misleading on its face. Hon. Wayne L. Furbert: I was not sure about the purpose of doing it. The Speaker: Thank you.

Dr. the Hon. E. Grant Gibbons: Just follow me and I [Inaudible interjections] will tell you what to do. Hon. Wayne L. Furbert: Mr. Speaker, I have no prob- [Laughter] lem making an amendment to that part. But as you know there were some discussions and I thought I Hon. Wayne L. Furbert: Do you want me to move it, explained it, but I have no problem in taking that part Mr. Speaker? out.

The Speaker: Yes, go ahead. The Speaker: So, therefore, what you want to do then when we go into Committee stage— BILL Hon. Wayne L. Furbert: I have no problem with that. SECOND READING The Speaker: —you agree to amend that. Bermuda House of Assembly 1024 2 March 2016 Official Hansard Report

Carry on. So, now that we understand that the Govern- ment or the Members on that side are not under the Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Whip it will be clear to see how they vote at the end of Mr. Speaker, we stand here today to debate the day. We will see where they stand in the public’s the Human Rights Amendment Act 2016. view. Mr. Speaker, as you are aware, that most Mr. Speaker, we have heard over and over people that lead-off in the Bill have been allowed to again from many quarters that same-sex marriage is a read the briefs, so I am asking— human right. The European Court [of Human Rights] has never said that same-sex marriage is a human The Speaker: Just carry on. right. So let us make that very clear and put that on the table right up front, so all the Members in this Hon. Patricia J. Gordon-Pamplin: Absolutely. No Honourable House know that same-sex marriage is problem at all. not a human right. As we are all aware the European Court [of Human Rights] gave the member states the [Inaudible interjections] right to choose whether same-sex marriage should be within their jurisdiction. Hon. Wayne L. Furbert: I am asking the Speaker to The purpose of this Bill is to make it clear that allow me, so I will not be all over the place with this marriage should be preserved and defined as in the particular motion. Matrimonial Causes Act that marriage should be be- tween a male and a female. The Government itself, The Speaker: Carry on. Mr. Speaker, has laid down a Bill which is yet to be debated which does the same thing. But they have Hon. Wayne L. Furbert: Mr. Speaker, I respect eve- decided to put it in the Matrimonial Causes Act. We ryone’s view regarding this matter and I am hoping have to determine whether the Government will do it, that we will all listen to each other this evening and but it is before us as stand. not really . . . as I said, respect individual views. This I will support the Government’s Bill, but I want issue, Mr. Speaker, has been the PLP’s view that to lay out why some of us believe it does no harm by Members should have a conscience vote. That I be- strengthening the actual views of Parliament by put- lieve still stands as of today. The Government has not ting it in the Human Rights Act. mentioned whether they have a conscience vote, but Why do we need to make an amendment? Mr. in 2013, the Honourable Michael Dunkley, at the time Speaker, after 80 pages on Hansard and over 10 Minister, now Premier, said that they did have a con- hours of debate in 2013 the Government failed the science vote. But later on the Attorney General clari- people of Bermuda to make it clear where they actu- fied that they did not have a conscience vote. So it will ally stood. We are aware about the Hellman and be interesting to know exactly where the Government [Bermuda] Bred case which really went on the idea of stands today. what the amendment that took place in 2013. The If I had to guess, Mr. Speaker, I would say Minister and Government at the time failed to make it that they are under the Whip tonight. clear. Now, I did hear the Minister now talking about [Inaudible interjections] that that marriage was defined between male and fe- male. When presenting the Bill the Minister said (and I Hon. Wayne L. Furbert: I said if I had to guess. quote), 1“Mr. Speaker, the bill adds ‘sexual orienta- tion,’ (two words and a comma), as a protected An Hon. Member: Try guessing again. Take a sec- ground of discrimination. This means that all persons ond guess. will be afforded protection from discrimination in re- gards to employment, goods, services, facilities and [Inaudible interjections] accommodation.” The Minister continued, “there has been much Hon. Wayne L. Furbert: Well, Mr. Speaker, I have talk and speculation throughout the community that the right to guess. The Premier— the addition of a protection against discrimination based on sexual orientation is a slippery slope which The Speaker: You said you were going to read your will eventually lead to same-sex marriage. I wish to Statement. state” [and this is what the Minister said] “emphatically that the changes to the Act being debated today have [Inaudible interjections] nothing to do with same-sex marriage. The inclusion of sexual orientation as a protected grounds of dis- Hon. Wayne L. Furbert: Well, they are interpolating crimination in no way implies that this Government as you know, Mr. Speaker, like all politicians do.

1 Official Hansard Report 14 June 2013, page 1352 Bermuda House of Assembly Official Hansard Report 2 March 2016 1025

condones same-sex marriage. Rather, it is evidence what I heard them say. So Government falls over on of this Government’s commitment to deliver on its . . . the line. promise.” Mr. Speaker, my colleague said that because The Minister also went on to say, “To be clear, there was so much uncertainty in the amendment to this Government considers marriage to be between a the Human Rights Act that the Government brought in man and a woman only. Mr. Speaker, this Govern- 2013 . . . I personally suggested an amendment that ment will not be issuing marriage licences to same- made it clear at that time that marriage shall be de- sex couples. This legislation is not intended to allow fined between a male and female. We went up and civil unions of any kind other than between a man and down this room debating if our Members . . . we a woman, as is currently the case.” wanted to make it very clear, Mr. Speaker, where Well, what has happened in the last three does the Government stand. So I brought an amend- years? A lot of things have changed. I do not know ment. I made it very clear and the amendment said what the Minister was talking about, what Government this, 3“For the purpose of this section nothing in this . . . I know there was another Premier and maybe the Act shall render void, any of the provisions outlined in new Premier is the one who is pushing this legislation. the Matrimonial Causes Act 1974.” Similar to what the But the Government was clear that marriage shall be Minister has now laid before this Honourable House. defined between a male and a female and that civil During the debate my good friend (I consider unions would not be brought in any kind. him a friend), the former Attorney General, said that Mr. Speaker, the Government is scrambling he would not support an amendment that made it ex- around now laying motions, now talking about a refer- plicit to the people of this country that the Bill was not endum, having meetings up and down the country. As for gay marriage. To continue, the Attorney General a matter of fact, before I even started talking about it also said it is certainly clear in the Matrimonial Causes the Minister Patricia Pamplin-Gordon said I am going Act . . . so he was trying to find that we did not have to to go out and find everybody, ask questions in the make an amendment because he was saying it is cer- community. I said to somebody, Well, once the Minis- tainly clear in the Matrimonial Causes Act and even ter got involved you have to answer the case. The the Constitution in section 12 when it speaks to dis- next question is, What are you going to do, Govern- crimination, you know it makes provision under sec- ment? So they have an open door for the next ques- tion 12(4)(c) that for the application of the Act it does tion. I do not know if it came out of Cabinet or whether not apply when you have laws relating to marriage. the Minister on her own just started having a party So he was arguing that case. [He said] around the Island in asking questions or meetings, but 4“Those laws are there, and maybe as has happened at the end of the day, it opened the doors for the next in other jurisdictions the day will come when that be- question which is obvious. comes an issue. Maybe it has to be tested out. Maybe My honourable colleague, Michael Weeks, at somebody has to bring that challenge to the courts. the time said, “The impact of a matter like this is big. It Maybe we have to evolve even further, you know, to requires intense review, extensive and careful dissec- get to that stage.” tion, not only in reference to the area of discrimination, Well, who is bringing that case before the but also to the relevant appendages. Mr. Speaker, I courts? cannot stress enough—“ [Inaudible interjection] [Inaudible interjections] Hon. Wayne L. Furbert: The former Attorney Gen- Hon. Wayne L. Furbert: “I cannot stress enough that eral. He is the one who is testing that challenge of the this amendment has far-reaching implications, and courts. one can go so far as to say, Where does it end? Once we begin.” Mr. Mark J. Pettingill: Because we have to evolve. So when did it begin? June (I think) the 14th of 2013, when the Minister, I believe, sat in the same Hon. Wayne L. Furbert: He is the one that is testing spot and brought this Bill to the House. that in the courts, so I wonder whether we did not My colleague said, 2“Have we thought about pass that amendment because the Honourable Mem- the institution of marriage and/or the adoption of chil- ber at the time knew deep down in this heart where he dren and what this would mean for Bermuda?” Way wanted to go. I respect my honourable colleague and I back in 2013. So what happened in February 2015? have always knew where he stood on that particular The Hellman case with the adoption—first strike— issue. based on the decision made in the Human Rights Amendment in 2013. That is what they said. That is

3 Ibid., page 1411 2 Official Hansard Report 14 June 2013, page 1356 4 Ibid., page 1412 Bermuda House of Assembly 1026 2 March 2016 Official Hansard Report

The former Attorney General went on to say, people say no, where are we standing? Where is the 5“I appreciate [Mr. Furbert’s] concerns. I appreciate leadership on this particular issue? I have no problem religious concerns in relation to it, and I have heard if an individual, like my good friend the Attorney Gen- that argument. I know many people that support the eral . . . I know where he stands on this issue. He amendment but do not support the concept of gay brought it and it passed. So be it. I know he is not waf- marriages and same-sex marriage. It is a different fling on this particular issue. debate for a different time. I think he can take firm Individuals on that side realised that although solace in the fact that the Matrimonial Causes [Act] a lot of people marched to Cabinet a couple of weeks clearly sets out effectively that marriage must be be- ago—preserve marriage—I am sure they looked tween a man and a woman. We do not need to do this around and said, Well, do I want to get elected next amendment.” election? It was large enough numbers. We win or Well, three years later—February 2016— lose in Bermuda by 9 or 10 votes. Very simple. As a when the Honourable Member laid the Bill that talks matter of fact, if you win by 30, all you need is 15 to about the Matrimonial Causes Act to define marriage switch and you’re presiding. between a male and female. We are at the same spot As a matter of fact, if you preserve marriage we were in 2013 when Honourable Members on that and you make a decision, we are going to make sure side of the House voted against the amendment which that you are not elected. That is what I read in the set the trend for the Hellman case and also the [Ber- document. If you vote that, I am going to make sure muda] Bred case. that my people do not support your next election. So it So let us talk for a moment, Mr. Speaker . . . does come down to a political decision, or at the end as a matter of fact, my Honourable colleague, the of the day, whether the person wants to say, But this Honourable Kim Wilson, made a profound statement is where I stand on the issue. This is where I am going and maybe it was perfected for those who do not un- to move forward. We have done that. We have done it derstand that terminology. It says, 6“Let us look for a with the Stubbs Bill, we have done it with the . . . moment. If a case was taken to the Supreme Court, Honourable Member Wayne Scott (at the time)—yes. we ultimately know that it would be a matter for the And look. Let me tell you something. I believe judge to determine whether or not the provisions in that Honourable Member Wayne Scott believed in the Matrimonial Causes Act 1974 trump, or super- what he was doing. I am not going to chastise that sede, the provisions of the 14th of June 2013 amend- Honourable Member for where he stood. He really ments to the Human Rights Act.” believed . . . and the Honourable Premier stood on the Way back there, my honourable colleague grounds that marriage would be defined between a had the foresight to realise that some judge is going to male and a female. It was clear. make a decision and determine which Act had su- As a matter of fact, they tell me sometimes premacy. Which Act did the learned judge rest on? that when judges look at a Bill, sometimes they should The same amendment that my honourable colleague look at what the wording or at what the individuals and friend, Wayne Scott (Minister at the time—still who brought the motion are saying. What was in their Minister but of a different Ministry). had brought. The mind of what they said? I am not sure if the judge ever same way the Government did not support the actually read it, but it was clear—at least I know those amendment where several Members on this side said, two—it was clear where they stood on same-sex mar- Here is an amendment. riage. As a matter of fact, I said, Mr. Speaker, I Mr. Speaker, we want the law to treat all citi- would support the amendment at that time if they put zens equally and we can do that without redefining that clause in. That is all they had to do. We would not marriage. The reality is that marriage does not dis- be in this position if Members on that side were not criminate against any one. It really does not. All citi- under the Whip at that time. zens are free to live and love how they want. Marriage We find ourselves here three years later for a in reality . . . and the majority of the world (172, by the Government that has failed the people of Bermuda way, out of 193 countries) says that marriage is a un- and has now made so much confusion, so much con- ion between man and a woman. That is marriage real- fusion on bringing one—we do not know yet if we are ity—173. We are in the majority that believe that the going to be debating the Matrimonial Causes Act, we definition of marriage is between a man and a woman. do not know—and in the civil union [matter](which I As a matter of fact, when the European Convention will not touch) it is in there, it talks about the Matrimo- was passed and those who were signatories, there nial Causes Act again. So are they dropping that, as I were certain members that went out and strengthened said on Monday? Are they dropping that and talking their marriage act—made it very clear. about the civil union? Now it is going to a referendum. Now, there were those who went out and went Are we going to discuss it? If the people say yes . . . if the other way, but that is fine, because the European Convention allows member states to do that part.

5 Hence, there is no equality in the definition of Official Hansard Report 14 June 2013., page 1412 marriage that most of the world adheres to. I must 6 Ibid., page 1415 Bermuda House of Assembly Official Hansard Report 2 March 2016 1027

admit that I am not a lawyer. I do not profess to be a mean to me, Mr. Speaker? Being a mathematician the lawyer and I may not have it totally right, but then probability is that, guess what? We follow the next again, all lawyers do not have it right either. That is route. That is what it means. In the case of Oliari and why they argue against each other. Somebody goes Others v. Italy, the European Convention reiterates to court and somebody fails unless they come to a that Article 1 of the Convention does not impose an happy medium. obligation on the Government to grant same-sex cou- The Government has brought a Bill to amend ples access to marriage, unless it comes from the ac- the Matrimonial Causes Act which, as I said, I support. tual decision, judgment. But I believe that we should also make it clear in the Mr. Speaker, first of all, I welcome that the Human Rights Act. Why? Because it was the amend- Government is having a referendum to access the will ment to the Human Rights Act in 2003 where it of the people in regard to civil union. How do they re- started, and as far as I understand, the Human Rights gard same-sex marriage? Act has supremacy to all others—except for the Con- We have 9,000 signatures on a petition that stitution. people signed—9,000—which reflects the prevailing If I am a judge looking at . . . and after if we community interest. I asked myself, Why do we need pass the Matrimonial Causes Act, I am looking at the a referendum? But if they want to, at least if we put Matrimonial Causes Act. And the judge says, Well I the amendment in the Matrimonial Causes Act and see the Human Rights Act which I reflected on that the amendment in the Human Rights Act, the referen- says something different. What do I look for? I am go- dum, clearly, clearly . . . I have no doubt, Mr. Speaker, ing to make my decision based on the Human Rights that the people of Bermuda will say that they do not Act because it is supreme. You can say whatever you support same-sex marriage. want in law, and if it is against the Constitution it is not It will have to send a message to the judge going to pass. We all know that. You can change who looks at that thing you call margin of appreciation. whatever you want. If the Constitution says it is wrong, He will have to say, I have heard from the Govern- it is wrong. ment. It is in the Human Rights Act, it is in the Matri- Now if you change the Constitution, it is a dif- monial Causes Act and the people have spoken. He ferent story. And we are aware of certain countries at will have to say, I am not going to touch that—the In- least in the south—the Cayman Islands is one of terpretation Law. Because that does follow the Oliari them—that has the definition of marriage between a ruling. male and a female in their Constitution. I am not say- So the redefinition of marriage results in reor- ing we have to go that far. dering our society. Why do I say that? We know, Mr. If we are going to correct something, we Speaker, and anybody I think who is listening, under- should. I have no problem putting in the Matrimonial stands that once same-sex marriage takes place, Causes Act. But to make it very clear, Mr. Speaker, there are other things that follow. Restructuring of the we should also put it in the Human Rights Act. family unit, the irrevocable culture change—we have a So we have an obligation as parliamentarians culture here. We have a culture. Redefining marriage to preserve marriage in Bermuda for the sake of our leads to an avalanche of enormous cultural changes children and our grandchildren. Marriage has been the that infiltrates various areas of society. Look us at a building block for human civilisation. Social science few, Mr. Speaker, in the United States, particularly. has demonstrated for decades that children do best The State Education Board is being pressured to in- when they are raised by their biological mother and clude gay, lesbian, bi-sexual and transgender sex father. Now, we can debate that, but that is what they education in the curriculum. Additionally, it will chal- say. lenge other family units such as polygamy, multiple The Government has laid down a Civil Union lovers, multiple parenting, allowing judges—these are Bill for discussion. To me, Mr. Speaker, the civil union now things the judges are looking at. is an engagement ring before the marriage. We all The school administration holds “Gender know what is coming next. This is just . . . as my hon- Bender Day” where boys in the school have the right ourable colleague, said, it is a slippery slope. We to dress like girls and girls in schools have the right to know what will be the next stage. So this is an en- dress like boys. Christian Charities in Massachusetts, gagement ring. Most people who get an engagement Illinois, and Washington, DC, were forced to stop pro- ring expect to get married. Why accept the engage- viding adoption and foster care service because they ment ring? The civil union is to make nicey-nicey (and want to place children with married moms. A Boston we can debate that later on, for the engagement ring) father was arrested after objections to a homosexual for the next step, for same-sex marriage. curriculum in his six-year-old son’s kindergarten class. Mr. Speaker, out of 21 countries that intro- Mr. Speaker, in physics I was taught that for duced civil union they all introduced same-sex mar- every cause there is an effect. We cannot say . . . and riage on average within 6.5 years—on average. its nicey. Some of us may not be here, but there is Twenty out of the whole 21 countries that introduced going to come a time, as I said before. What we do it, most of them then did the next step. What does that today is going to impact our future tomorrow. Hence Bermuda House of Assembly 1028 2 March 2016 Official Hansard Report why we are back here talking about a similar amend- I have to say this to the Honourable Member ment because the Government in 2013—two years that just sat down because this is such an emotive ago—brought a Bill that has affected the future out- and important issue that I will go on record [saying]— come. you will not find a lawyer who says this very often—if Mr. Speaker, this amendment puts a suprem- there ever comes the day where a same-sex couple acy clause in the Human Rights Act. In order to fortify wanted to try and bring a legal case in his church to marriage between a man and a woman as a clause in make his minister marry them, I will represent the the Matrimonial Causes Act is not enough. Insertion of church for free. I will represent the church for free. a supremacy clause in the Matrimonial Causes Act I will explain that a bit because I fundamen- without a supremacy clause in the Human Rights Act tally believe in the right to religious freedom. The con- will not stop an application—my good friend, and a stitutional right to that is age old. I hope that the Hon- lawyer, in a Supreme Court before the Chief Justice to ourable Member heard me because it is not very often the effect that a supremacy clause in the Matrimonial you get a lawyer offering services for free. I will repre- Causes Act cannot defeat the general supremacy of sent his church for free, if that case came about, Human Rights legislation. Why do you think they are where down the road the law changes and a same- trying to stop us from putting this in the Human Rights sex couple try to bring a case in a court to say that his Act? Has anybody thought about that? Why? Because minister in his church has to marry them because it they know, Mr. Speaker, what will possibly be the next would be their right as a church in the balance to say, step. No, that is not our belief and on the basis of that belief Section 29 of the Human Rights Act does not and our constitutional rights we are not going to allow seek to ensure the Human Rights Act is not supreme you to be married here. to all other legislation. However, that does not prevent You see, Mr. Speaker, that is the balance of an argument being made that the Human Rights Act is law, of life, of society, that those religious freedoms, being emasculated by the amendment to the Matri- those religious rights, have to be held in equal bal- monial Causes Act. You understand that. In other ance. No one would have the right to force or impose words, if I put it just in the Matrimonial Causes Act as their will on the church and the sanctity of the church. the Honourable Members want to do, it does not I believe that. I also believe that the church does not mean the judge is not going to say, Hey, hey, hey; have the right to impose its will and its belief on every look what is in the Human Rights Act. A clear state- other member of society either. There is nothing of- ment in the Human Rights Act in the form of a su- fensive in that statement. Please, I do not believe that premacy clause is far more difficult to challenge. the church has the right to impose its will and its belief Every judge and every lawyer will know that. Every on every other member in society. lawyer would know that. That is why we are getting so We have so many different churches. We much pushback. This would make it even more pow- have so many different religions. We have so many erful and clear, backed by a referendum based on the different beliefs. Everybody has the right to exercise community interests and margin of appreciation. those beliefs. So when the Honourable Member talks One reason why there are those in the com- about in his Bill to preserve the institution of marriage, munity who would not want to see this amendment to I am reminded of the quip by the famous author, the Human Rights Act, as I said before, is because Henry Ogden [sic], who said “Marriage is an institu- they know they will be able to challenge the Matrimo- tion. But who wants to live in an institution?” nial Causes Act but not the Human Rights Act. Who wants to live in an institution? I am Parliamentary colleagues, there are very few happy living in an institution of my marriage, Mr. times that we are given another chance to get it right. Speaker. But the point is this: There used to be an Very few times. We got it wrong in 2013 by not mak- institution called “slavery.” There used to be an institu- ing an amendment. Let us not get it wrong tonight. We tion called only men have the right to vote, not will vote on this and the names will be recorded, women. There used to be an institution of segrega- where you stood on March 2, 2016, at 9:30 [pm] (or tion. There used to be an institution of apartheid. whatever time it may be). Let the record show where There used to be an institution called the Third Reich Members stood on March 2, 2016, as the record that in the Holocaust killed six million of our Jewish shows on June 14, 2013. brothers and sisters and their children. That was an Thank you, Mr. Speaker. institution. There used to be an institution down the road called St. Brendan’s [Hospital]. We painted it The Speaker: Thank you, Honourable Member. blue and called it something else. The Chair will now recognise the Honourable The Honourable Member has it right. I cer- Member from constituency 25, the Learned Member, tainly do not take back anything I said three years M. J. Pettingill. ago. The one thing I said was that times are going to You have the floor. change; and times are changing. Since this Govern- ment, with great pride in my heart (and I was Attorney Mr. Mark J. Pettingill: Thank you, Mr. Speaker. General then), brought in two words and a comma in Bermuda House of Assembly Official Hansard Report 2 March 2016 1029 relation to the Human Rights Act on sexual orienta- life, your right to religious freedom, your right to sexual tion, the world has changed and evolved. The Euro- orientation, your right to have goods and services—all pean Courts have brought down new judgments. The of the rights that are enshrined in society to you as a UK and the Supreme Court of the United States . . . human being—tell me why if you pass the test as a the world evolves. human being you should not share the right that The world evolves, Mr. Speaker, and I would someone else has. submit to honourable colleagues that this is such an The Honourable Member is right because emotive issue, and the one great thing here that we what the debate and what the law are about . . . he is have, and you do not see it very often in this House, is right. What the European Court has said, and come it we are all on the same page. The page of confusion; must—and come it must—is that we must establish the page of so many different views that we are all some framework for same-sex couples to enjoy the mixed up. This side is not ad idem in relation to the same rights, the same privileges as heterosexual issue of same-sex marriage or civil union. couples. We must establish that framework. My honourable friends on the other side are The debate has raged and now it has come not ad idem on this issue. The country is not ad idem here and it has landed on our shores. I knew it was on this issue. There are so many different views. It is coming. I knew it was coming three years ago. I did. It no wonder that with that degree of views . . . I mean, is here. The world is looking at us—and they will be this is a private Members’ Bill. The Opposition has not with regard to what we do with this human rights is- brought it. The Honourable Minister laid a Bill the sue. To this Government’s credit—this is the Govern- other day and has not taken it up. Since that time the ment that brought in sexual orientation. The previous Government has put forward a referendum. My hon- Government did not, despite cries over many years for ourable friend, Mr. Sylvan Richards, spoke very elo- it, did not, despite having a Member with courage on quently today on his reasons why he supported that. their side stand up and wish to bring the amendment Not everybody feels that that is the way to go. in this House. And to our great shame (in my view) as a Parliament, our great shame as a country. [Inaudible interjection] Nobody on that day other than her—the Hon- ourable Renee Webb—spoke on that issue. That was Mr. Mark J. Pettingill: Not here. In a public place he a number of years ago, and I heard my honourable spoke—on the radio. He spoke publicly on his support friend on the other side quip in interpolation when the for that. Honourable Member Wayne Furbert was speaking, Not everybody feels that way in society, and I That is progress where we are now debating this. I think we should have that. Some people staunchly know where he stands on it. That is progress. Every- believe that right now as the law exists (and I am one body can start firing shots at the Government and say- of them) that people of the same sex should be able ing we are all over the place. You have said this, you to go along and get married. But that is my belief. I have said that, you laid this, you lay now a civil union know and respect that all of my honourable col- act, you know, you brought in sexual orientation, you leagues on this side do not hold that view or hold said this then. At least this Government had the cour- varying degrees of that view or embrace civil unions age to bring the debate and had the courage to accept and so on. that it is a conscience vote and a conscience position. I know that honourable colleagues on the Nobody was going to tell Mark Pettingill how other side that are my friends hold that view and hold to vote his conscience. My conscience comes first. In varying degrees of it and do not hold that view. This is a freethinking party that has laid different things and an issue . . . not to stand up here, I am certainly not called for referendums, I was allowed to speak first. going to stand up for a second and bash the Honour- That is progress. That is progress. It was not closed able Member that took his seat because I respect his down, shut down, shut up. So nobody should be criti- view, his religious belief, that that is what he holds cising the OBA Government for trying to find the path. dear in his heart. I respect it. I embrace his right to Respect everyone. People would love it if the Gov- that. ernment stood up and said, We are 100 per cent this But let me say one thing to you, honourable way. But we are not. How could we be? Society is not. colleagues, let us start with this idea, with this pros- We hold different religious beliefs on this side pect. I embrace members in the public to start with and we hold different values, we hold different views. this. Let us start with the word “human.” Let us start So does the other side. That is what makes us spe- with the word “human” and start on the basis that the cial. That is what makes us human beings. We have test must be first, Is an individual a human being? the right. We have the right to do that. That is question one. Is an entity a human being? I, with respect, have a very hard time with any Then the next simple question is, Should that human amendment—with any amendment—that wants to being have the same rights in some form, in some start to amend human rights that are already embod- way, as any other human being? People, debate that. ied in the law. I am speaking as a purist now. I have a Tell me why your right as a human being, your right to fundamental problem with any amendment that takes Bermuda House of Assembly 1030 2 March 2016 Official Hansard Report the position of starting on the page of amending hu- what you did in 2013 we are going to put that issue in man rights in any capacity first. My belief? People are here from 60 or 70 years ago or from 40 years ago. born gay; they do not become gay. They do not be- We have moved on. Look at all of the things in that come homosexual. It is part of a wonderful human time frame with regard to human issues that have thing, in my view. moved on. Apartheid was in full swing when that Mat- I know people of certain beliefs and so on do rimonial Causes Act became law. Segregation was in not share that view. I respect you for the fact to hold full swing when the Marriage Act was put in place in your view on that. That is my view. I have four chil- 1944. Women did not have the same type of rights dren, Mr. Speaker, 18, 16, 6 and 3—I cannot get the then as they do now either. We have progressed. We 3-year-old under control but the others are doing have progressed together as human beings. okay—she has a mind of her own. I am defending I know we have a way to go. I know we have their right—their human right—to be gay if they so are a way to go, and I know that it is so important that re- that way. So far none of them have indicated that. ligious freedoms, spiritualism, belief in one God, Hin- They know because they have heard it. They will duism, Buddhism, Islam—all are allowed to function know and they will hear it again that I will love them and they have the same human rights as everyone the same. They will be my children and my child the else. Black and white, yellow and red, Christian, Mus- same. I will defend their right if they end up being gay. lim, Hindu, Buddhist—all singing and moving from the If that is where they are at and they are gay, I will de- same position of embracing one another as human fend their right to be able to do everything that every beings first and then having the joy in being able to other human being and human child and human adult recognise different beliefs, different views, different that they grow up with and interact with has a right to standards, but always, always, Mr. Speaker, on the do. page that their human rights came first. That certainly starts with having a framework One of those human rights is the ability and to be in a loving relationship with a person of the the importance of being heard. That is why, like this, same sex, to build a life with a person of the same on some other things where I take great issue and sex, to love a person of the same sex, to have the say, No you are wrong, and this is this and this is this, same rights as a heterosexual married couple have. and I have certainly done that here. I would not do it We are trying to . . . well, we are not . . . my on this issue. I would not do it on this issue because I friend who took his seat is, with all due respect, I am have to bring myself back continuously to despite my not going to bash on it, but he is dealing with an Act fundamental belief in relation to this—despite my fun- from 1974 and trying to incorporate the Marriage Act damental belief in relation to this issue that other hu- from 1944 and interestingly enough, as I said when I mans have rights to believe and to think what they started, the Marriage Act does not even have that think and to live the way that they want to live. provision in there. Maybe it was more forward think- As long as my right as a human being does ing. The Matrimonial Causes Act does say a man and not interfere with your right as a human being—that is a woman. But the Marriage Act does not, which is a the key. That is the premise that I started on. I cannot whole other can of legal worms I can assure you. make you get married in my church. I am happy to say I believe that we are moving in the right hu- that I know some church ministers that say, Welcome. man direction here. If I had my way, I would change it I will marry you. That is a fact. There are. They are tomorrow. I would change it tonight. I would and a lot there, too, and that is their right and that is their inter- of people would cry hallelujah and join me with that pretation in relation to their religion, and God bless and a lot of people would not cry hallelujah and tell me them for that. God bless them. I was going somewhere else. A lot of people might No one can be condemned for their view, just cry. I get it. I get it. But I have to stand and I will chastised for their view, criticised for their view, in my always stand and I will always defend human beings view. Unless you are saying to me I disagree with the first, and the history of the world has taught us that. premise that one human being has the same right as First it was the Christians that got thrown to another human being. I will say this, the church may the lions. The Jews have suffered for thousands of marry you, but it is the law court that divorces you. years with racism and bigotry. Then it was people of These Acts tonight that the Honourable Member is colour. It was women not being equal. These argu- attempting to amend are not a church doctrine. They ments, these rights to a human position, have gone on are a legal doctrine. Law in 1944 and 1974, as the for centuries. And what has happened to the human Matrimonial Causes Act says, recognise a certain po- race? Thankfully, we have evolved. There has been sition. Maybe religion does not change. But the people progress and in some places more than others. In would say, Thank goodness for that. It has been the some places you would get stoned for having this de- same for 2,000 years and this is what it is and this is bate. But we have evolved. We have progress. what it says and we should follow that. But the law We are where we are and we have embraced does. The church might marry you but the law di- human rights. We cannot go back now. We cannot vorces you. take a 1944 Act and try and come along and say that Bermuda House of Assembly Official Hansard Report 2 March 2016 1031

Let us not get mixed up here because I obvi- The Chair now will recognise the Honourable ously believe (my view, again) that this is a legal is- Member from constituency 17, MP Walton Brown. sue. It is developed as a legal issue in the western You have the floor. world. It is developed as a legal issue and what is really being debated is a legal issue, and the issues Mr. Walton Brown: Thank you, Mr. Speaker. as it relates to that are out there to be looked at—we Mr. Speaker, reflecting on this issue and lis- have seen the changes in this country, we have seen tening to some of the comments that have been made the changes in other countries. Sexual orientation— thus far in this debate it reminds me of the closing two words and a comma—in this country was embod- lines in Shakespeare’s Romeo and Juliet. You will ied in the Human Rights Act 2013. So glad I was know, Mr. Speaker, [Mercutio], on reflecting on the there. actions of the Capulet’s and the Montague’s, said, “A The Bred decision was a decision in our plague on both of your houses,” because they were so courts based on the law and the development of the mired in dispute and controversy and they could not law acknowledging the law in the United States of seemingly find a way forward. America, acknowledging the law in Europe, acknowl- I say this evening, Mr. Speaker, a plague on edging the development of the law in the United King- this House (figuratively, of course), because we seem dom. Progress on human rights. Progress on human not to be able to do things that reflect 21st century rights. And that, interestingly enough, that position, sensibilities. We seem not to be able to do things that that argument, applies to so many things and so many take the required actions that will put us in the 21st arguments we are even currently having in this coun- century and fully appreciate that as times change, as try. sensibilities evolve, it is time to do the right thing in If we all would just step back for one second terms of the equality of rights. and say, Let’s look at this and other things as a hu- I recall someone quite famous once saying “It man issue, and the recognition of human beings first, is never the wrong time to do the right thing.” That is and then ask yourself the question in your heart, how I listened to my honourable friend, Mr. Wayne Should they have the same rights as other human Furbert, bringing forth this amendment to the Bill to do beings—the same rights that I have? The answer what he calls preserve marriage as an institution be- must be yes. When I speak of that do not forget I am tween a man and a woman. I just sit back, and it re- talking about the rights in accordance with what is laid minds me of those who sort of valued and praised an out in regard to a framework. old outdated society with its old social morays. I can- Marriage is a word. It is a word. It is not an in- not countenance how we in 21st century Bermuda stitution. Who wants to live in an institution? It is a would want to lend support to an amendment that is word, Mr. Speaker. And the court has crafted its way essentially and effectively a retrograde amendment. in dealing with those words to say that there has to be A plague on this House, Mr. Speaker, be- a framework that is created to ensure that human be- cause on an issue that is in fact so controversial, we ings have the same rights. I do not really care if you are not acting on a fundamental principle. The Gov- call it marriage. I think it should be, but I do not really ernment does not take a position. In succumbing to care. I do not think we should have a big debate about pressures, no doubt from within and without, has de- that. I think we should have a big debate and join cided to take this emotional issue and put it in the hands and stand in a circle with the Rainbow Coalition hands of the people as opposed to leading, because and everybody else and pro-marriage and all of this on other issues the Government says, We are going and all of us here and say, Thank heaven that the one to adopt this approach because there are some inher- thing we could agree on is that one human being is ent human rights issues involved. What issue can be entitled to the same fundamental rights as another more fundamentally a human rights issue, Mr. human being. Speaker, than ensuring that people are treated I believe that we are all on that same page. I equally in society, irrespective of their sexual orienta- believe and I know now we have to walk a bit of a tion? road and a journey as to how we arrive at ensuring How can that not be a fundamental issue of those rights for all people. It may end up being called human rights? But the Government has said, No, we marriage. It may not. I will not rest as a lawyer or a are not going to take a position because we cannot parliamentarian . . . I will not rest until my gay brothers find a position, so we are going to have a referendum. and sisters have the same rights as human beings as That is not leadership, Mr. Speaker. every other human being. My honourable friend said that if we allow Thank you, Mr. Speaker. same-sex unions, or gay marriage, it will have far- reaching implications. Yes, it will. It will lead to a more [Desk thumping] just society. That is the implication, Mr. Speaker. It will lead to a more just society. I recognise the multitude The Speaker: Thank you, Honourable Member Pet- of views out there. But we have a sacred duty here to tingill. pass laws that we believe are in the best interests of Bermuda House of Assembly 1032 2 March 2016 Official Hansard Report the country. How can anyone stand here and say that to uphold the laws. But we will reflect on that later, Mr. you do not believe that people should be treated Speaker, in the Motion to Adjourn. We have a respon- equally? We follow law on this issue of sexual orienta- sibility to lead in what we see as in the best interests tion. of the country. I had a recent constituency meeting in I recall the debate in 2013 when we were ap- constituency 17, Pembroke Central, and we had a proving . . . I believe it was a conscience vote, I am group of people there and we were discussing a multi- not sure, Members of Government can correct me. If it tude of issues. One of the issues that I raised, and was a conscience vote, I cannot remember. that I wanted to talk about and get my constituent’s views, was on same-sex marriage and civil unions. So [Inaudible interjections] I asked them what is your position on it? Every single person in that room, Mr. Speaker, said they were Mr. Walton Brown: Was it? The amendment to the against civil unions, and they were against gay mar- Human Rights Act for sexual orientation? Two words riage. Every single person. That is not my view. Every and a comma . . . I cannot remember whether it was a single person in that meeting. conscience vote or not. But I recall saying at that time that it is disingenuous to give partial rights. How do [Inaudible interjection] you say to somebody we recognise that you are being treated unfairly, but we will take an interim step to give Mr. Walton Brown: You were not there, because you you some equality but not full equality? decided not to accept the invitation to come to the It made no sense. So here we are today . . . meeting, Honourable Member, even though you are in well, we are not really here today because the pro- my constituency. posal today is that we step back. But here we are to- day mired in this issue with no clear way forward. [Laughter] I know people get very sensitive when it comes to religion because we like to assert ourselves Mr. Walton Brown: Everyone there said that they as a profoundly Christian society. We have a census were opposed to civil unions and same-sex marriage. coming up. The census might measure . . . no, the I listened to them and I listened to their argu- census does not check on religion, does it? The last ments and then I said my view is that I believe it really census showed that about 20 per cent of people were is a fundamentally human rights issue. I believe that in not believers. It would be interesting to see what a 21st century Bermuda we should not be passing laws proper census as opposed to this one would show that provide for discrimination on sexual orientation later on. and that we should amend any law that does in fact Let us take for example the argument that we provide for that. are a Christian society. I respect everyone’s belief, I further said to them, Can I get you to respect everyone’s faith. In a democracy that is exactly what my difference of viewpoint with you and allow me to we should do. We should respect everyone’s faith articulate my view publicly even though it runs con- whether you are Christian, whether you are Buddhist, trary to your own view? Do you see me as a delegate, Muslim, or a non-believer. We should respect that in a which just reflects the views of those who are present, democracy. or am I a representative? A representative is meant to But how do you articulate a piece of legisla- speak on issues that he or she believes are really in tion that is rooted in your faith? Do you really want to the best interests of the community and the country. have legislation determined by one’s religious beliefs? Everyone said they will respect my decision to argue Some may find this almost a sacrilegious comment, as I see fit. but think about it, Mr. Speaker. How many denomina- We had a much longer discussion, Mr. tions do we have in Christianity? Any Christian here Speaker. But the point is that I sometimes see it as care to tell me? More than five, more than six. So almost . . . well, “cop out” may not be parliamentary, which interpretation of Christianity shall we apply Mr. Speaker. But I cannot find a more appropriate when passing laws? Should it be the Catholic word right now. So let Hansard reflect that, a cop Church? Should it be the Anglican Church? Should it out—when you simply say, My constituents said this, be the AME Church? So when you invoke your reli- my constituents said that, because unless you are gious faith—which I respect everyone’s right to doing a poll all of your information is anecdotal. It have—it leads to an inherent challenge with legisla- happens to be who you met with at that time. tion. So we have to undertake our responsibilities That has a multitude of implications, Mr. seriously. This issue should not be one brought for- Speaker. So I would advise that we cannot anchor our ward as a Private Members’ Bill or a conscience vote. arguments around a particular interpretation of any Government needs to lead on this here. faith because there are differences within faith. The other point I wanted to make, Mr. What also is the role of us as Members of the Speaker, is when we consider legislation, when we legislature? Some people would think it is just simply consider taking steps forward, one question we should Bermuda House of Assembly Official Hansard Report 2 March 2016 1033 always ask is, What is the harm to society that will The intention of that Act was not that it would flow from or emanate from a particular policy or legis- lead to same-sex marriage. I do not support same-sex lation? So I ask my honourable colleagues and I ask marriage. I do support, however, rights for everyone, the country, What harm to society would be caused if and those inherent rights whether it be right of survi- we actually said and made it so in law that people will vorship or you want your significant other to be on be treated equally irrespective of sexual orientation in your health insurance—everything. I support that. And all aspects of this country? What would be the harm to I believe that that is something that we should do. society? I believe it is something that should have been My honourable friend pointed to some re- done before. I understand that the former Minister, the search; I prefer to go with research coming out of uni- Member who brought this Private Members’ Bill, from versities, first of all, Mr. Speaker. University research constituency 6, Wayne Furbert, has those same tends to be a lot more objective than institute research views. The challenge I have with this, however, is that because most of the institutes have an ideological I do not believe the Human Rights Act is the right bias. This institute was funded by the far right, this place to solidify the definition of marriage. I believe the institute was funded by the far left, and lo and behold right place for that is where marriage is defined—the the policies seem to align with the views of the far only law that we have where marriage is defined be- right or the views of the far left. Your academic institu- tween a man and a woman is the Matrimonial Causes tions are more likely to be more objective. Not exclu- Act. Amending the Human Rights Act for that is fun- sively, but more likely. damentally wrong. But I struggle with that because I Most of the academic research shows there is want the same things that the Member wants; but I do no fundamental difference whatsoever among children not believe this is the place to do it. who are raised by same-sex couples, the ability to I would encourage that Member to take this to lead full and productive lives in society. So we have Committee, rise and report progress, and let us get on these images created, we have this fear-mongering with what we need to do. We actually have an that has permeated our society but there is no evi- amendment laid that will address that in the Matrimo- dence. There is no evidence to support the hysterical nial Causes Act amendment that has been laid, and I comments and the fear that we see all too often. think that that is the right place to do it. Mr. Speaker, I cannot support this amend- Again, Mr. Speaker, I just felt compelled to ment. My honourable friend—we have had long dis- have that conversation on my feet because this has cussions about this and he knows very clearly what come about. I do not think, you know, we would have my position is. I hope that the Government will see fit gotten here in any event. But making the changes to to act in a more responsible way to bring forward leg- the Human Rights Act so that we do not have any islation which truly aspires to create the kind of just type of discrimination is something that we as legisla- society and non-discriminatory society that many of us tors have a responsibility to do for every citizen. have fought for, for a long time. Many of us want to Let us address the marriage issue and those see this in place in this country and we as Members of rights for everyone, which I also agree with, in a dif- the legislature have an ability to do it. Take our power, ferent place. This is not the piece of legislation to do it. take our responsibility seriously, and act in a way that So Member, I would ask you to please go that route. is in the best interest of this country. I just felt compelled, Mr. Speaker, to have my Thank you, Mr. Speaker. voice heard. Thank you. [Desk thumping] The Speaker: Thank you. Would any other Honour- The Speaker: Thank you, Honourable Member. able Member care to speak? The Chair will now recognise the Honourable The Chair will now recognise the Learned Minister of Education, Mr. R. W. E. Scott, constitu- Member from constituency 34, MP Kim Wilson. ency 27. You have the floor. You have the floor. Ms. Kim N. Wilson: Thank you, Mr. Speaker. Hon. R. Wayne Scott: Thank you, Mr. Speaker. Contrary to what was said previously by my I feel compelled to speak on this being the dear personal friend and colleague, the Member who Minister that brought the amendments to the Human sits for constituency 17, MP Brown, I find that my role Rights Act. as a Member of Parliament is to gauge the position of I have been asked many times what my views my constituents. And my constituents have elected are on this. My views are consistent. I support human me to serve them and in certain matters such as this. I rights for everyone. And when this amendment was have already gauged my constituents by virtue of a brought up in the Human Rights Act, I think it was the poll, MP Brown, and the position as of 2013 was that right thing to do and I would do it again. there was a serious concern and a disapproval of me, as their member of Parliament, standing here and vot- Bermuda House of Assembly 1034 2 March 2016 Official Hansard Report ing in favour of any legislation that would provide for Nonetheless, we also know that there is an same-sex marriages. amendment that has already been discussed that the Having said that, Mr. Speaker, I have person- Government has tabled that speaks to very similar ally been very troubled by this whole discussion. On provisions by saying that we feel that under the Mat- one hand, wearing my legal hat, I fully realise the im- rimonial Causes Act we want to ensure that marriage portance of the rule of law; the importance of adhering remains as between a man and a woman— to fundamental human rights. I appreciate and realise notwithstanding the provisions of the Human Rights how religion has played out in condoning atrocities in Act that speak to sexual orientation. history, such as slavery—the effects of which we still What we have, Mr. Speaker, is effectively two see to this day. But I also wear my hat as a believer, pieces of legislation, two proposals—one that we are recognising what the Bible says insofar as the defini- debating now and one that was tabled a few weeks tion of marriage being between a male and a female. ago— Therein lies a certain dilemma that I am faced with because of where we stand today. The Speaker: And we should be concentrating on the I totally support the fact that individuals should matter that we are dealing with today. be able to have various inalienable human rights. I totally support the fact that persons in same-sex rela- Ms. Kim N. Wilson: Yes— tionships should be able to have succession rights, inheritance rights, be able to be next of kin for hospital The Speaker: We need to be really careful how we— visits, and the other rights that come with that. How- ever, from my personal point of view, as well as the Ms. Kim N. Wilson: I am actually responding to view that has come from my constituents, I cannot something that the Learned and Honourable MP Pet- support legislation that legalises civil marriages. tingill . . . he raised that in his discussion, so I am just So how did we get here, Mr. Speaker? We coming to bat. heard that in 2013 there were amendments to legisla- tion that were made to the Human Rights Act that re- The Speaker: Still, understand that we have to be lated specifically to sexual orientation, and the “two very careful in that regard. words and a comma.” On that occasion . . . and I will not go through the history because it has already Ms. Kim N. Wilson: Thank you, Mr. Speaker, under- been said by the speaker who is tabling this Bill. stood. There were a lot of comments and discussion in a The provision that we are debating now for quite lengthy debate. the inclusion in the Matrimonial Causes Act—and just However, one thing I do recall from that con- give me a little bit of leeway, Mr. Speaker—is critical versation, which I think still holds true today. There insofar as there is a doctrine . . . well, let me back up was an amendment that was proposed, and that a minute because there has been a lot of discussion amendment sought to include a provision in the Hu- concerning judge made law and parliament. I want to man Rights Act that speaks to the definition of mar- drive home this doctrine of supremacy in a few mo- riage. ments. If I may, Mr. Speaker, I would just like to read Under our jurisdiction we have what we refer the two amendments that are before us today. to as “judge made law” and laws that are in parlia- ment. We know as parliamentarians, as elected offi- The Speaker: The amendments? Yes. cials, our role is to make laws. That is what we do. However, there is also something called judge made Ms. Kim N. Wilson: Yes, thank you. So we have one law, which is where, effectively, a judge may interpret amendment that the Honourable— a piece of legislation in a way that is or is not consis- tent with the intention of parliament. The Speaker: There is only one amendment before When we make laws up here, Mr. Speaker, us. we do not define every single minutia of the law and the “and” and the “where” and all the other sections of Ms. Kim N. Wilson: Right, right, yes the legislation. Not all of that is defined. When you The Honourable MP Furbert’s, which is effec- look at the Explanatory Memorandum, it is a general tively (and I am paraphrasing) making a provision to provision that says section 1 speaks to this; section 2 be included in the Human Rights Act that speaks to speaks to that, but not every unanticipated, unfore- the definition of marriage, and that it remain between seen circumstance is actually explained in the legisla- a man and a woman as is defined under the Matrimo- tion. It allows for judges in certain circumstances to nial Causes Act, and as read with the Marriage Act of interpret the law as they see fit. 1944. The Marriage Act is, of course, the supreme If we look at the United Kingdom, the whole legislation and then the rules are governed by the evolution of tort law was by judges. Judges decided Matrimonial Causes Act. that persons should be sued for negligence, et cetera, Bermuda House of Assembly Official Hansard Report 2 March 2016 1035

and it evolved under common law principles. But it Look. We have a Human Rights Act. We have provi- was a result of judges making laws and then the par- sions that say one cannot discriminate on the grounds liament had to draft legislation to catch up with the of x, y and z. However, we are also trying to cement judges. and fortify the definition of “marriage,” which, as I said When we look at the most recent case, the previously, is Biblical, based on its being between a [Bermuda] Bred case which cites Oliari (which as we man and a woman. So that supremacy clause is con- know is an Italian case that came from the European tained within the Human Rights Act. Because save for Court of Human Rights that spoke to the issue con- the Human Rights Act, the only other piece of legisla- cerning discrimination against same-sex couples), the tion in Bermuda that trumps the Human Rights Act is judge in this particular case did what I anticipated, as our Constitution. was read out from Hansard in 2013, [which] would be So for us to just be making an amendment to the case here. That if we do not amend the legislation a 1974 piece of legislation, which, in addition to being insofar as the Human Rights Act by including a provi- old, based on 1973 legislation of the United Kingdom, sion that we are seeking to do today that further de- it would not have any type of supremacy because of fines marriage as between a man and a woman, but there is other legislation enactments that would trump putting it in the Human Rights Act, then we are going it; whereas a provision in the Human Rights Act, to find ourselves exactly where we are today and with and/or the Constitution trumps everything. the case that was just ruled upon under the Bred So the provision that is being proposed by the case. Honourable Member would allow for the doctrine of I think that with respect—notwithstanding supremacy to prevail, so that, if this is the position that what Oliari is saying, because we all recognise, par- we should be making, which I think we should, we are ticularly the lawyers here, that that European Court saying we are fortifying marriage. We are saying that case is going to eventually . . . well, the Chief Justice marriage shall remain between a man and a woman has already said (and I am paraphrasing) that we do and that the Human Rights Act recognises that you have to apply to principles of Oliari. So we know that cannot discriminate on the grounds of x, y and z for that is here, it is coming. The horse has left the stable. services rendered, et cetera. But we are fortifying the My point that I am trying to make, Mr. definition of marriage by including it in the Human Speaker, is that if three years ago we had augmented Rights Act. That would allow the doctrine of suprem- the amendment that was being proposed by indicat- acy to apply in this case, and it will strengthen and ing, as was the second amendment that was amend- fortify the definition of marriage. ing the Human Rights Amendment, that marriage Now, Mr. Speaker, again, we are looking at needs to be defined as between a man and a woman, provisions that are hoping to fortify marriage and allow then we may not find ourselves in this situation here. for the supremacy clause to prevail. If you look really That particular amendment the courts would have quickly, Mr. Speaker, at the Human Rights Act, in par- been able to say, Parliament is supreme. Parliament ticular sections 29 and 30B, section 29 provides that has said in their Human Rights Act that you should not no legislation shall be more supreme than the Human discriminate on the basis of race, religion, sexual ori- Rights Act. And section 30B provides a subsection for entation, et cetera, and the Human Rights Act further the primacy of this Act. augments that by saying marriage shall remain as Well, Mr. Speaker, I would submit that be- defined in the Marriage Act as between a man and a cause of those two sections the most optimum thing woman. I am not sure that we would be in this position for us to do today, if we wish to continue with the defi- right now had that amendment been passed back in nition of marriage as between a man and a woman 2013. and fortify that definition, is to add a provision, as is I guess what I am saying, Mr. Speaker, is that being advanced by MP Furbert of constituency 6, to we are looking at an amendment here that effectively the Human Rights Act that fortifies the definition of does something similar to what the Government has marriage and that would not allow and minimise the already gone on record saying in public that they plan prospects of judge made law coming through the back on doing with respect to the Matrimonial Causes Act. door, contrary to the intentions of this Parliament, and And the issue of supremacy, I think, has to be dis- that it would allow for the provisions of the Human cussed quite succinctly, Mr. Speaker. Rights Act to prevail. But a definition and a fortification The doctrine of supremacy is the doctrine that of the definition of marriage will also prevail, as well. basically says that if you have a clause in a particular Thank you, Mr. Speaker. piece of legislation, it is supreme. Nothing can over- rule that clause except, of course, for the Constitution. The Speaker: All right. Thank you, Honourable Mem- And any clauses that are inconsistent with that are ber. effectively void because there is this doctrine of su- The Chair will now recognise the Honourable premacy. Minister. Minister Patricia Gordon-Pamplin, Minister of And what the Honourable Member from con- Community, Culture and Sports, you have the floor. stituency 6 is trying to achieve in this motion is to say, Bermuda House of Assembly 1036 2 March 2016 Official Hansard Report

Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. the Honourable Member would be aware that it was, Speaker. in fact, the Matrimonial Causes Act in which marriage Mr. Speaker, I just wish to jump on a point was defined as being between a man and a woman, that the Honourable Member who just took her seat and not the Marriage Act, because the Marriage Act just mentioned with respect to section 29 of the Hu- has no reference to the gender of the parties to mar- man Rights Act. Yes, there is supremacy. But there is riage. So I just wanted to point that out. 29(1), which says, “In any proceedings before the Su- But let me just say that this particular amend- preme Court under this Act” (being the Human Rights ment we have in front of us, Mr. Speaker, certainly Act) “or otherwise it may declare any provision of law does not find favour with those people responsible for to be inoperative to the extent that it authorizes or re- shepherding the Human Rights Act. And that is the quires the doing of anything prohibited by this Act” Human Rights Commission. So when this Bill was (the Human Rights Act) “unless such provision ex- brought to the House, I had conversation with the pressly declares that it operates notwithstanding this commissioners to ask whether there had been any Act.” level of consultation with them. And they said, No, but So, what the Honourable Member just indi- we are tremendously disturbed. Not only are we dis- cated is not borne out by the legislation that we have turbed by this, Minister, we are also disturbed by the in front of us in the Human Rights Act. So I think it amendment that you have chosen to bring. was important to point that out. And in my discourse with them, I referred Mr. Speaker, we will not—at least, I certainly back to the actual debate on the day three years ago cannot—suggest that my party support this Human at which the then-Minister (who held my position) and Rights Amendment Act. And I believe that the Hon- the then-Premier indicated that it is this Government’s ourable Member realises the reason. I believe it was belief that marriage should be between a man and a very articulately expressed by the former Attorney woman, and that bringing in sexual orientation was General and my honourable colleague, the Honour- not going to alter that. It was also my belief, Mr. able Member from constituency 25. Speaker, that something would come down the pipe- Mr. Speaker, let me just say, and I think the line with legislation that might support that. And it did Honourable Member started off by pointing out how not. poorly drafted this was, and I think we can speak to So, we fast forward to January or February of the specific . . . The Honourable Member who brought this year, when we had the first decision on the A. and the Act indicated that he was willing to make amend- B. with respect to the adoption case. And at the end of ments, because it was just clearly wrong. And the that decision, the department responsible for Human Honourable Member who just took her seat actually, Rights set about having a look to see what was re- perhaps by misspeaking, spoke in her comment about quired in order to ensure that we reflected what the marriage being defined in the Marriage Act. It is im- judgment indicated. Fast forward from there, Mr. portant to understand that marriage was not— Speaker, we get to May, in which I received a petition. And some would say, You were offered this petition. Ms. Kim N. Wilson: Point of order, Mr. Speaker. You should not have accepted it. Well, Mr. Speaker, I do not know that it would have been wise, especially The Speaker: Yes, carry on, MP Wilson. in the face of a court judgment having been made, in view of the fact that the department was looking at the POINT OF ORDER implications of that judgment on the existing legisla- [Misleading] tion, to then say that I did not wish to accept a petition. I do not believe it would have been a responsible way Ms. Kim N. Wilson: Thank you. I am sorry, Mr. of dealing with it. Speaker. Similarly, subsequently, I was given a petition The Honourable Member is misleading the with three or four times the numbers of signatures. If I House, no doubt probably innocently. What I did say had said that this is not something which we wanted is that they must be read together. The Marriage Act to address as a Government, then I would not have is 1944; the Matrimonial Causes Act comes after- accepted it—that does not make any sense. When wards and provides the framework and the rules for people speak, I believe you have to listen. They give the Marriage Act to be applicable. you a petition. I believe my responsibility was to ac- cept it. The Speaker: Thank you. But what was very interesting about that, Mr. Speaker, is that in making the investigation it was very Hon. Patricia J. Gordon-Pamplin: The Honourable clear to me that this topic had never been addressed Member said marriage between a man and a woman in a public forum. And it was as a result of that that I as defined in the Marriage Act. Hansard will be able to then made the decision that I would have my depart- bear out, because I wrote it down at the time that she ment do some research, bring the information and we said it, and I was going to call a point of order so that would share it publicly. Bermuda House of Assembly Official Hansard Report 2 March 2016 1037

Now, Mr. Speaker, knowing that there was no support the position. Those who are against the posi- legislation that came down the pipeline at the time of tion are experiencing a little bit more trepidation and the sexual orientation [case], given the expressed in- care, and they are traversing that minefield a little bit tent, it was then my belief that the best thing to do was more, perhaps on eggshells, Mr. Speaker. then to go back to the [legal] drafters and say, How But one of the interesting things is that, when I can we effect this intent in legislation? And then they first had the town hall meetings, I was encountered by looked and determined that the only place in which someone who indicated to me that they wanted to marriage was defined was in the Matrimonial Clauses have a chat with me because they knew I was having Act, and therefore that was the place to go in order to these open meetings. This lady was a pastor. And the solidify that meaning. As a result, I brought the comment that she said to me was, You are opening amendment which was tabled a couple of weeks ago. the floodgate. And I said, What floodgate? And she Now, what is very interesting, Mr. Speaker, is said, Because “they” are not going to be satisfied. that the A. and B. judgment was in January. The peti- “They” are going to want more. Because if you give tion that I first received was in May. And it was in Oc- them one thing, “they” will continue to push. I said, tober, eight months later, when somehow, because I Wait a minute. Who are the “they” to whom you are had then caused the information that we had gleaned referring? Because to my knowledge, we are all Ber- and studied and learned about and investigated and mudians in this together, and the “they” could be our researched . . . we brought that publicly so that the parents, our sisters, our children, our relatives, what- public had an appreciation. We had overflowing ever. crowds at the Berkeley Institute on the 30th of Sep- I just did not think that that was appropriate, tember. We had overflowing crowds at the Bermuda coming from a pastor. Because notwithstanding . . . I College on the 1st of October, as we brought the think we all have our various levels of Christianity if documentation, the information and we were able to that is what we choose to practice. But I know the God share it, in a very respectful way, I must add, Mr. that I serve, Mr. Speaker, is a loving God. So I was Speaker. I was very proud. not going to stand in judgment of anybody else. That I mentioned at the time how proud I was that, is what my Bible teaches me, as opposed to deciding as a people, we had the ability to discuss a topic that my perfection, with my heterosexual relationship, which was obviously emotive, divisive and very con- is what is the ideal, and, therefore, I am better than flicting. But we were able to do it with tremendous re- you because I have got the perfect union here. spect for the attitudes and the viewpoints that each Mr. Speaker, what was interesting was, what person had. I was very proud of that on all four occa- they asked me at the time, through the meetings, sions, Mr. Speaker, because you will know, subse- through the information that came to me, was, Can we quent to that, we then had further town hall meetings. have legislation that does not redefine marriage? Because at the end of the October meeting, I vowed Hence, the amendment in which it was worded and to have a website in which people could make sub- the one that I put down. Do not redefine marriage. missions. We had significant numbers of submissions, Marriage was defined in the Matrimonial Causes Act. I Mr. Speaker. And I read all of them and evaluated all have done nothing to redefine that. We will have that of them and made certain recommendations based on debate at the appropriate time. it. But, Mr. Speaker, having heard that “they” And out of it, it appears that “civil union” was want more, talking about the “they,” who were now the the least offensive to our community. So, as a result of exception and on the periphery and the fringe of ac- that, we invited the civil union drafting of the Bill to be ceptability within the ambit of that Christian construct, tabled. But as opposed to just saying, You told me this the they . . . Now I had to stop and start to evaluate, on the Internet, I then said to the people, I’m going to who really is asking for more? Because initially, it was bring you this to say, this is what we thought, this is like, Do not redefine marriage. Well, I have given you what we determined from our research and everything the documentation that says that. And then it was, that we had learned. This is the position that you as a Well, we want to make sure that, you know . . . We do people have effectively said to us that you would like not believe in civil union. We don’t believe in it. So, to see happen, that you can live with it. every time we spoke to them, the goalposts were Same-sex marriage was not going down well shifting. in the community, and we accept that. But, you know, Mr. Speaker, I realise that we have a difficult Mr. Speaker, what is very interesting is that we tabled journey on our hands with respect to this. I believe, as the Civil Union Bill for consultation. It is a consultative a Government . . . when I heard the Honourable document. Because I want people to understand that Member who just took her seat before me indicate we are still looking for how best to traverse this mine- that if three years ago we would have had a, b, c, then field. And let me just say, for the edification of people we would not be here today, well, let me say, if five or listening, Mr. Speaker, that in the public arena the atti- six years ago when Renee Webb brought her recom- tude is, The OBA is the Government. They should just mendation to this Honourable House as a Govern- pass this legislation and get on with it, for people who ment Member and it was not spoken on by anybody Bermuda House of Assembly 1038 2 March 2016 Official Hansard Report on her side because she was left holding the bag [Pause] singlehandedly—because it was emotive, it was pro- vocative, and it was unacceptable to Members oppo- Hon. Patricia J. Gordon-Pamplin: (Excuse me. Just site . . . they did not want to deal with it. They did not give me one second, Mr. Speaker. I should know this want to touch it! And that was one of their Govern- by heart. I have read it and recited it enough times.) ment Members who did not do that, Mr. Speaker. But, Mr. Speaker, the Preamble says, So let me just say that if that had been done “WHEREAS recognition of the inherent dignity five years ago or six years ago, or whatever the date and the equal and inalienable rights of all members of was, and shortcomings were experienced or identified the human family is the foundation of freedom, justice under those circumstances, then we would not be and peace in the World and is in accord with the Uni- having this debate today either. We would not have versal Declaration of Human Rights as proclaimed by had to have the debate three years ago on sexual ori- the United Nations: entation. But this Government has shown the tenacity “AND WHEREAS [and I will fast forward and the fortitude to say that we are willing to face diffi- through this] the European Convention . . . applies to cult issues, and irrespective of the blowback that we Bermuda . . . the Constitution of Bermuda enshrines are likely to get—and we know that there is going to the fundamental rights and freedoms of every person be some. And we are going to deal with it. whatever his race, place of origin, political opinions, Now, what is also interesting, Mr. Speaker, is colour, creed or sex, but subject to respect for the when I speak to Members, if the Honourable Member rights and freedom of others and for the public interest who brought this Bill . . . I absolutely respect him. He . . .” stood up and he said, This is my position. I do not And I believe two Members spoke, the Hon- care. I have got my church vote that I have to make ourable Member from [constituency] 17, the Honour- sure that I solidify, along with my personal position. able Member from [constituency] 25. Both spoke to That is your position? I appreciate it; I respect it. say, What is effectively in the public interest? Is it that Where I come unstuck, Mr. Speaker, is when I my religious approach and attitude and belief does not hear Members say, I believe in what you are doing. I allow me as a human being to have respect for some- believe in full equality, but I’m not voting for this— body else’s right to do things, as they are a human because it’s too thorny politically. Now that, to my being, as all part of the human family? Do I have that mind, is not just disingenuous; it is hypocritical. And right? I do not believe that I do, Mr. Speaker. Neither that is where I have an issue. So, as a House of As- would I want to. sembly, Mr. Speaker, if we come to try to address this So, when we start to examine why we would issue, we have taken steps here. take the approach that we have taken, because I fer- Would I have preferred for a referendum to be vently believe that when people understand what is in held? No. I would not have preferred it. However, the Civil Union Bill, that at least to understand it, we what we had to do, Mr. Speaker, was look at tabling can at least have a debate respecting the contents the Civil Union Bill because a lot of people in the pub- thereof, Mr. Speaker. And then just maybe, within the lic, in the highways and byways, are saying, I don’t greater public, while we are going through this time believe in civil union. And my last question to them at period between when a referendum is tabled and laid the last meeting that I held was, Do you know what is and the question is determined and the like, and the contained in that Bill? And they said, Well, no! So, my actual voting on the day, I would certainly hope, Mr. attitude is, how can you, sight unseen, decide that you Speaker, that at least the basic information is there. will not support it? Is it ideal? No, it is not. It is not ideal. Be- So I then decided that the best thing to do cause, as we have heard Members indicate thus far, was to have the Bill drawn, you know, passed through notwithstanding that some people will not support the LegCo [Legislative Council] and do whatever needed fact that people have rights, these are not full-blown to be done to bring it to this Honourable House and rights. But I think, Mr. Speaker, we have found as a table it, so at least people can have an appreciation community in Bermuda that we have had to gather for what is in it before they start to say, No, I do not rights that we have, sometimes, incrementally. And wish for any parts of it. sometimes, I believe we have to take into account not Mr. Speaker, we might be accused of not hav- just the temperature, but the attitude and what people ing effective leadership on this issue. But let me just are able to embrace at any given point in time. read, Mr. Speaker, as the Minister responsible for Mr. Speaker, the theatre boycott spoke to Human Rights (if you will just permit me, Mr. that. Mr. Speaker, there were so many things in his- Speaker)— tory where, incrementally, you decide that we should have these rights to do x, y, z. And then all of a sud- The Speaker: Yes. den one day, it blows up and they say, Look. I have had enough, and therefore, this is what I’m going to Hon. Patricia J. Gordon-Pamplin: The Preamble for embrace. And I think this is the position that we are the Human Rights Act. now in. Bermuda House of Assembly Official Hansard Report 2 March 2016 1039

I certainly accept the criticism that has been having an entrenched position because your church passed on by the Human Rights Commissioners in says so might not give one an appreciation that there terms of the methodology by which we have chosen to are other people who live on the planet with you and promote this, Mr. Speaker. But I have had to say to have as much right as you do to continue to live on people, You cannot get legislation through the House that planet, Mr. Speaker. And that is what we are ac- of Assembly simply by virtue of the fact that you are tually facing. the Government. On such an emotive issue, we have Mr. Speaker, what is very interesting is that I to permit people and their conscience to dictate how have done an awful lot of research on this, as you can they respond. imagine. I have had more meetings than I choose to And if we do not have 19 people in this Hon- think about, Mr. Speaker. I have had all kinds of alter- ourable House, or 18 people or whatever the number natives being offered—try doing it the way they do it in is, who are willing to accept the fact that what is on Hawaii, and call it something else, and do it this way the table is appropriate, we will not be able to get it and do it that way. Mr. Speaker, if this were all I passed through. So, while we may take criticism, it is needed to do, my head would be spinning. But I be- more important for people to understand that we can- lieve that we have to approach this in a very sober not pass legislation unilaterally. We have to have suf- method. And, Mr. Speaker, I do not believe that ficient embrace so that when we have something that changing the Human Rights Act, given what I read is [conflicted] by a conscience, we do not have just an from the Preamble to the Human Rights Act, I do not open failure or whatever; otherwise, then we will have believe that we should start to tinker with the Human nothing. Rights Act. I believe the final point that I want to bring, Mr. The Human Rights Act . . . in my opinion, Mr. Speaker, if you can tell me just how much time I have. Speaker, if it must be changed, it must be changed to strengthen its application to our people. We have The Speaker: Eleven minutes. some amendments coming shortly, perhaps before the end of this term, Mr. Speaker. We strengthen hu- Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. man rights in the Human Rights Act, Mr. Speaker. We Speaker. do not try to detract from what the Human Rights Act The point that I want to bring is that with the provides for. And I believe that this amendment that legislation that was existing, and with the judge’s de- the Honourable Member has put forward is such a cision in the Bermuda Bred case, which was an immi- thing that it would be detracting from human rights. gration issue—and we had quite extensive discussion The Human Rights Commissioners do not support it, on this in the questions that emanated from my Minis- notwithstanding that they had not been consulted, terial Statement two days ago. But, Mr. Speaker, the which would have been a very easy step. I am not judgment that came down, which was effective yes- sure. Sometimes we have an approach to something. terday, the 29th of February, required that we have a We jump on the bandwagon of that which is conven- regime in place to take account of the rights of same- ient and topical. And we say, Let me make myself sex couples to family life. That is an extension of what relevant by bringing this and let everybody know that was determined in Oliari. That was determined, Mr. this is what I want to do. Speaker. But, Mr. Speaker, with that having been said, We have heard about the earlier case, and we it is not necessarily the right thing. There are times heard it mentioned quite a few times during the vari- when we have got to think things through. We have ous (I would not say “confrontations”)—during the got to look at the implication of what it is that we are various exchanges that we had with people who were attempting to do, Mr. Speaker. And I do not believe coming down on different sides of the issue, Mr. that this Human Rights Amendment Bill that the Hon- Speaker, that the European Court had indicated that ourable Member has brought is going to satisfy. I just marriage is not a human right. Same-sex marriage is believe it is going to fail. not a human right. And we heard that, and we heard Mr. Speaker, we have also heard about the that argument. That was the argument that prevailed ideal family structure, how children thrive when they in Schalk and Kopf, which was a 2006 [sic] decision. grow up with a mother and a father. I cannot argue Time moves on. with that, Mr. Speaker. But I can tell you there are an And as time has moved on, Mr. Speaker, we awful lot of children . . . and you are looking at one, find ourselves with Oliari v. Italy, in which the judges Mr. Speaker. My father died when I was five years old. had decided that we at least have to give a construct My mom, I believe, did a pretty good job with me. which embraces that people are entitled to family life. Mr. Speaker, I believe that children are a func- Other things being required, yes, that I agree, and that tion of the environment in which they exist. And if that is the step that we have now had to take. But I do environment is healthy, whether it is one with which I honestly and fervently hope and believe that, with might agree or not, I do not believe that we can start educating people in terms of what is in the Civil Union to say that only a marital situation is going to ensure Bill, that there would at least be an appreciation that that children grow up and turn out to be wonderful. Bermuda House of Assembly 1040 2 March 2016 Official Hansard Report

Because you get some kids, Mr. Speaker, I have to a law that strips away and might end up allowing the tell you, where mama and daddy are just the perfect will of the majority to trample on the hard-fought-for couple, in church every Sunday morning and prayer rights of a minority. meeting every Wednesday night, and literally doing all We will go through the process because we the things that a family ought to do and embracing the have committed to it, Mr. Speaker. As I said, it is not Christian principles. And you have some of these little ideal. But I can only hope that we as a community can terrors, Mr. Speaker. You wonder . . . did you really embrace a principle that says that we are a loving, give birth to them, as parents? That can happen. embracing people, irrespective of some of the things So, there is nothing that suggests that an that we might have experienced recently, Mr. ideal situation is going to obtain just by virtue of the Speaker. But I would want to think that, as legislators, fact that there are a male and a female, a man and a we can get the message out that, irrespective of our woman, a husband and a wife, and the white picket own personal feeling, that we do not have the right to fence, and the one and a half children and the dog. trample on the rights of the next person. It is called That is just in the Brady Bunch world, Mr. Speaker, or balancing human rights, Mr. Speaker, “human” being in The Waltons. That does not happen in reality. the operative. Thank you, Mr. Speaker. An Hon. Member: That was a very good show. [Desk thumping] [Laughter] The Speaker: All right. Thank you, Honourable Minis- Hon. Patricia J. Gordon-Pamplin: A very good ter. show, the Honourable Member said. Would any other Honourable Member care to That does not happen in reality, Mr. Speaker. speak? I think we have to start looking at where are we in re- The Chair will recognise the Honourable ality? And the reality that we face, Mr. Speaker, is that Member from constituency 35. MP Dennis Lister, you there are situations that are not ideal. But as a com- have the floor. munity—we talk about it takes a village to raise a child—our responsibility as adults and sane and sober Hon. Dennis P. Lister: Good evening, Mr. Speaker. people in our community is, if we see that there is a shortcoming with respect to a child, we pick them up. The Speaker: Good evening. And that is irrespective of what their parentage is, Mr. Speaker. Hon. Dennis P. Lister: Mr. Speaker, when this matter I cannot stand on this floor and say that I am was tabled, and both matters were actually tabled, I going to be the bedrock of preserving marriage, Mr. actually had been putting together some thoughts and Speaker, when I am divorced from two husbands. You notes to have a full debate, or participate fully in this know? I cannot say that I am the paragon of perfect debate. Unfortunately, I was caught off guard by Mr. marriage! I had two that failed, Mr. Speaker. Does that Furbert when he brought his tonight, because it is a say that my children are not well-rounded, that they Private Members’ matter. So the notes that I had been are dysfunctional as a result? (Maybe a little bit.) preparing, I actually do not have with me this evening. But, Mr. Speaker, I just want to say that we So I was sitting here contemplating whether or have to be sensitive to the fact that we cannot impose not I was actually going to speak or not, Mr. Speaker. our standards on everybody else. We will go through And there have been a couple of points that have ac- this process, Mr. Speaker. We will take up the motion tually been raised that caused me to rise to my feet that I tabled, at the appropriate time. We will have the and just to address, Mr. Speaker, in a brief synopsis, further debate and further education and further town in the sense of why I stand to support the matter that hall meetings and further interaction and further what- Mr. Furbert has brought. ever-is-necessary so that at least the information that Mr. Speaker, one of the key points for me was is contained in the Bill that we have laid for consulta- (I think, the Member from constituency 34, MP Wilson, tion, that at least the contents will have the ability to in her comments made reference to) the terminology be disseminated throughout the community. “judge made law.” Judge made law is a concern to me Mr. Speaker, that is my commitment. That is in that, as legislators, we make laws here that we ex- as much as I can do under the circumstances. I can- pect to be interpreted by judges; not judges making not tell what will happen ultimately. But I would cer- the law out of it. And I think the ruling by the Chief tainly hope that with a Christian attitude, when we Justice gives that concern to me in this regard. start talking about loving and embracing and What I think anytime we have, in my opinion, some- would Jesus do? we would do things the way he thing that could be interpreted in a different way than it would, Mr. Speaker. I believe that we are failing our was intended here, we need to be trying to ensure community if we say that the only way is reading what that that is not the case, Mr. Speaker. So it was a is in the Bible, using that as the operative for creating point of reference to judge made law that really Bermuda House of Assembly Official Hansard Report 2 March 2016 1041 brought me to my feet, Mr. Speaker, to say that if the to take the intent that we were trying to do to a differ- intent here really is that we want to ensure that mar- ent level. Mr. Speaker, I think if we look at this matter, riage is defined between a man and a woman, every- this is one of those matters that falls in that category, thing that we can do to fix where there are perceived in that two years, three years ago when we were here loopholes should be fixed to ensure that it does re- discussing this matter in another form, the clear con- main between a man and a woman. versation that was coming from the Government that Because, Mr. Speaker, the Attorney General brought it at that time, Mr. Speaker, was that we when he was on his feet said he would not let any- would not be coming back to this Chamber any time thing— soon speaking about marriage being affected in any way by the Act that was taken three years ago. An Hon. Member: Former Attorney General. Clearly, the Minister who brought it, the Premier of the day at the time, Mr. Speaker, stood firmly, as other Hon. Dennis P. Lister: The former Attorney General, Members did on that side of the Government—who rather. spoke firmly that their actions of the day in that matter The former Attorney General said that he three years ago were not intended to open up the would not let anything tie his hands to the point where door that led to marriage in any form being same-sex he could not speak his conscience or could not vote marriage. on his conscience. Mr. Speaker, myself and probably But here we are, here we are finding our- the current Attorney General are probably the only two selves three years later, and this is the debate and the Members in this House who have been here every issue that is circulating up and down the country. time this matter, or matters of this nature, have come When we were firmly told by the Government of the to this Chamber. And I have always been able to day, and the same Government, Mr. Speaker, that speak freely and vote freely on my conscience, and I that would not be the intent. So it is the unintended see no difference this time, Mr. Speaker. And my con- consequences, Mr. Speaker, that we must always be science clearly has not changed from where it has concerned about when we create legislation. been, Mr. Speaker. I have always spoken, voted Mr. Speaker, this one has already proven that against this movement in any of this direction that there are possible loopholes as a result in that unin- would, in my opinion, redefine marriage or the fact tended consequence cycle that we should be firming that marriage should be between a man and a up so that we do not go down the road that was firmly woman, Mr. Speaker. put on the table that it was not the intent three years So it is not out of order or out of place for me ago. to stand here tonight, Mr. Speaker, and again state So, both matters, both Bills—I cannot speak where I stand on my conscience in this regard. to the other Bill tonight, but both Bills—I think are Mr. Speaker, the Minister who just took her equally important and have the equal value as we dis- seat made reference to politicising this. Mr. Speaker, it cuss the concerns that are being raised by this matter is not about politicising it. Some people said "Oh I in regard to same-sex marriage and civil unions, et know her words", Mr. Speaker, that it is a political cetera. And I think again, as I stated, Mr. Speaker, if thorny ground. And some people were hiding behind there is any measure that can be done to secure the the politics of it, Mr. Speaker. I want to clearly say that fact that marriage will always be defined as between a mine is not hiding behind the politics. Again, it is a man and a woman, then we should be taking the nec- conscience issue for me, Mr. Speaker. It is also one, if essary steps to ensure that. And I will want to think I wanted to take a political side, the political side that both sides would be able to support both Bills if would be, Where do I feel that my constituents stand the intent is equal on both sides. One side has taken on this? And I think every time I have spoken on this one course, and the other has taken another course. matter before, Mr. Speaker, I have always said that I But the intent, Mr. Speaker, is the same. I think I stand with my constituency in the positions I would want to think that that side, and the manner in have taken on this matter, based on just general can- which they chose to bring their Bill is to secure that vassing and conversation with the members of my the definition of marriage does not change. And the constituency, those who vote for me, Mr. Speaker. Bill that has been brought as a Private Members’ Bill Just in general conversation in this regard, in from this side of the House has the same intent. And if the majority, they are where I stand on my con- the legislative approach is to address the intent, Mr. science. So I feel freely, Mr. Speaker, to be able to Speaker, this is one of those times I think we should stand on my conscience on this one, to ensure that be able to stand up on both sides of the House and the marriage is not challenged in any format in regard embrace both sides, not be criticising or challenging to being between a man and a woman. either Bill from the fact that maybe one came from one Mr. Speaker, the concern that I always have side and one from the other side of the House, but a here as a legislator is that any step that we take time that we should be joining hands and saying that sometimes has unintended consequences. And it is we are of the same intent here. And let us ensure that those unintended consequences that open up doors Bermuda House of Assembly 1042 2 March 2016 Official Hansard Report the intent that both sides are trying to secure is se- So, what I learned from that small survey and cure, Mr. Speaker. listening to the people was that a lot of people felt that With those few remarks, I take my seat. family rights should be enjoyed by everyone. A lot of people felt that gay unions should not be on Ber- The Speaker: Thank you. Thank you, Honourable muda’s agenda. And they were primarily (and I will Member. say this) from the religious community. They made it Would any other Honourable Member care to quite clear to me that their Christian beliefs, or reli- speak? gious beliefs, disallowed them from supporting same- The Chair will recognise the Honourable sex marriages. But they said if anything had to be Member from constituency 8. Honourable Member done in regards to giving family rights, they would Cole Simons, you have the floor. consider civil unions. The gay marriage respondents were basically Mr. N. H. Cole Simons: Thank you, Mr. Speaker. young Bermudians, some black, but the majority were This topic, Mr. Speaker, is probably one of the white. And I am just telling you the composition of our most difficult topics that I have encountered since I respondents. And so, this issue is divisive in a positive have been in the House of Assembly. And I have sense in the community, in that we cannot come to been in since 1998, almost 20 years. And I want to terms with a solution that will be acceptable to every- say that I had some predefined ideas when we started one. this campaign, this campaign to basically revisit hu- Mr. Speaker, either way, either decision we man rights, civil unions, and same-sex marriages. make, there will be people who will not be satisfied. I want to make it clear, Mr. Speaker, that I But as leaders of this country, we have to make a de- think today when it comes to the Matrimonial Causes cision that most of Bermuda can live with so that we Act and the intentions to give it primacy over the Hu- can have the peace and harmony that our country so man Rights Act, that is a right decision for the reli- rightly deserves. gious fraternity, for people who believe in Christianity, Mr. Speaker, in the end, it is important that in Hinduism, and in other religious realms. I think they everyone has a right to family life, either heterosexual have a right to family life, and if they wish to cement or homosexual. When it comes to civil unions, it is my that right to family life through marriage, then it should belief that they should be for both heterosexuals and not be compromised. the gay fraternity, and not just the gay fraternity. Be- Mr. Speaker, when I went to the forum, it was cause, Mr. Speaker, there are heterosexual couples very, very interesting because I watched these fami- who have had a permanent relationship for quite lies. And I say “families,” and they were all advocating some time. They are not married, and they have no family life. And we heard the former Attorney General rights. So by putting together a civil union and exclud- talk about human rights, rights to family life, the right ing them, they will be placed in a minority and they will to inheritance, rights to health care, medical decisions, not have the benefit of full family rights. And they have and other rights that come with family life. And when I been living together; have committed themselves to was sitting there listening to these people, I said to each other for 20–30 years. myself, We need to make sure that their rights are protected as well. We must give them the same rights [Inaudible interjection] to family life. And I said, How can we do it? Initially, I said civil union would be the best option. It does not Mr. N. H. Cole Simons: And, as my colleague said, have to be civil union. It can be partnerships, a gen- they have had children together. So they have a full eral partnership-type agreement. I do not mind what family, but there is no legal protection. you call it, as long as they have the same family right Now, Mr. Speaker, I can be very pragmatic on that other Christian societies have. this issue because there are other lawyers who say, Well, listen, heterosexual couples or common-law re- Mr. Speaker, then I was still not settled in which way I lationships have protections. Or the people in same- thought was best for Bermuda. So I went and did a sex relationships have protections. If they want to be a survey at my job. And if you know HSBC, we are a beneficiary of their partner’s will, they just go to a law- diverse group. We have blacks, we have whites, we yer. They craft a will, and they get the benefit as de- have rich and we have poor. And I surveyed 40 peo- fined in the will. The same thing applies in decisions ple, Mr. Speaker. And I asked them three questions: when it comes to health care. If you want to have a Would you support gay rights? Would you support civil power of attorney or if you want someone to make unions? Or would you support none of the above? your final life decisions if you are incapable, it can be And it was very interesting the outcome of that done by going to a lawyer and making those deci- survey, Mr. Speaker. Mr. Speaker, 16 people said that sions. they would support civil unions. Sixteen people said But this situation falls apart in the event that they would support none. And eight people supported these precautions, these life preparations are not gay marriage. made when couples are capable of making them. I Bermuda House of Assembly Official Hansard Report 2 March 2016 1043 think it falls apart when people die unexpectedly. They on the record of saying that I am not a proponent of do not have a will. When they have some traumatic same-sex marriage, as well. So I have no qualms disease, and they are incapable of taking care of standing here and saying that, as some of the other themselves and their partner, as a consequence, has Members have indicated tonight. no power to basically be next of kin because there is I have said that I do appreciate the referen- no legislative framework that will allow them to do that dum route just to get the pulse of the people. And I do under the existing laws. know, as we do referendums, depending— So, Mr. Speaker, I will end as I began. I be- lieve that we should protect the Human Rights code [Inaudible interjection] as it currently exists. But I also believe that everybody in this country has the right to family life. And I believe Mr. Diallo V. S. Rabain: No, no. I am opposed to gay that the civil union is another option that will give marriage. I am not a proponent. I am not a proponent. same-sex couples and heterosexual couples a right to I am not a proponent of same-sex marriage. family life, and it can codify and protect them during their lifetime and also in the event that their relation- The Speaker: I heard you say that. I do not know ship falls apart. Mr. Speaker, thank you very much. I, what that Honourable Member heard. as I said before, believe that this House is on the same page in preserving the sanctity of marriage be- [Inaudible interjections and laughter] tween a man and a woman, but we have to find a so- lution for those people who are in same-sex relation- Mr. Diallo V. S. Rabain: I don’t know what he heard, ships, and also people who are in common-law rela- either. tionships. Thank you. An Hon. Member: I was unsure of what you had said.

The Speaker: Thank you, Honourable Member. Mr. Diallo V. S. Rabain: Okay. I am not a proponent The Chair will now recognise the Honourable of same-sex marriage, but I am a proponent of a ref- Member from constituency 13. MP Diallo Rabain, you erendum. And it looks like that is the way we are have the floor. heading. That remains to be seen, as well, because we have been promised referendums before, and we Mr. Diallo V. S. Rabain: Thank you, Mr. Speaker. all know what the outcome of that has been. Initially, I was not planning to get up and But this is a particularly thorny topic that we speak on this Bill. But sitting here and listening to the are dealing with now. And a lot of us have stood up various comments being made, it reminded me of and said, I don’t want it to be political. I don’t want it to something. And it was the Throne Speech. It draws be political. But it is political, no matter what Members me back to 2012, the Throne Speech. Unfortunately, over on that side say, no matter what Members over there is no Hansard in the Senate. And I remember at on this side say. It is a political topic at the moment. that time my comments actually started with, you You know, because it is difficult to get up and say, I’m know, Same-sex marriage is something that we need not in favour of one thing, but I am in favour of an- to get a handle on as a government and as the people other, and the two things conflict. You know? How do of Bermuda. And it is something we need to seriously you reconcile that within yourself? And then when you address before it overtakes us. Again, I said it in 2013 are talking about your dealing on the behalf of your as Opposition Leader, and again in 2014. But now we constituents, that automatically makes it a political find ourselves here. issue. I think we are in a position where it has over- So I think we would be better served if we got taken us. And we were not being proactive in dealing up and just stated what our position is and how we with it or looking at it back then. And it is something, feel about the actual topic, instead of brushing aside as one of the newest Members of these Chambers, I the peripherals that seem to come up with this. The tend to, you know, as an observer over the last sev- topic on hand is whether or not you support same-sex eral years, and it seems that we are content. We marriage, or whether or not you support that marriage seem to be more content to allow things to overtake is fundamentally between a man and a woman. And I us and then rush around and try to come up with a fix, think we would best serve our country if we just got up rather than addressing it head-on and being proactive. and voiced our opinion and took the bumps and the I say that as one of the Members, the newest lumps that come with it. Member here, who has had probably a closer look at With that, again I say that I am not a propo- the constituents of my constituency than most have, nent of same-sex marriage. as I was just going through an election, I do have the Thank you, Mr. Speaker. pulse of my constituents fresh in my mind. And the pulse of my constituents, the majority of them whom The Speaker: Thank you, MP Rabain. we did canvass were not for same-sex marriage. I am Bermuda House of Assembly 1044 2 March 2016 Official Hansard Report

An Hon. Member: That does not necessarily mean Mr. E. David Burt: It was one-nil. he is opposed. [Laughter] An Hon. Member: Who won?

The Speaker: The Chair will now recognise the Hon- Mr. E. David Burt: West End United, the beautiful ourable Member from constituency 20, Southampton third-minute goal by Michail Antonio. West. MP Jackson, you have the floor. [Inaudible interjection] Mrs. Susan E. Jackson: Thank you, Mr. Speaker. I am only going to take a few moments of your time, Mr. E. David Burt: I am hearing questions, Mr. because for me, I am looking at the Bill that has been Speaker. I just have to . . . tabled this evening. And my comment is that I do not feel that this piece of legislation, the Human Rights [Inaudible interjection] Act, should have in it any kind of exception. So, I do not care whether it is that you are looking at age, and Mr. E. David Burt: I got you, Mr. Speaker. They were you want to say that, okay, you do not want to dis- playing Tottenham Hotspur. criminate against anybody based on age except under this circumstance or that circumstance. Or I am not [Laughter] going to discriminate against somebody because of their sexual orientation, oh, except in this particular [Inaudible interjection] situation. The Human Rights Act, in my opinion, should Mr. E. David Burt: Yes, absolutely. remain pure. That is the one place where we can have Anyhow, Mr. Speaker, this issue has been equality. And the idea that we would have any kind of brewing for some time. And the debate tonight has exception, to me, is unconscionable. And I do not been a good one. I think that there is a comment that support that. it seems to be the first debate in this House in which Thank you, Mr. Speaker. neither side is under the Whip. Members are free to express their own opinions and thoughts on the mat- The Speaker: Thank you, Honourable Member. ter. And I think that is healthy for our democracy, and Would any other Honourable Member care to it is healthy for us as a country. I just wish that we had speak? more opportunities to actually go along not always The Chair will now recognise the Honourable with the party line, but especially on very important Member from constituency 18. MP David Burt, you issues, to speak about what we feel, speak about our have the floor. positions. Now, I remember the debate on the Human Mr. E. David Burt: Thank you very much, Mr. Rights Act, the amendment that happened in 2013. Speaker, and good evening to you. I hope you are And I remember that the Honourable Member who feeling better than you were a few hours ago. brought this Bill, this amendment today, himself of- fered a similar amendment at that time. And at that The Speaker: Let us not go there. time, it was said regarding that amendment that it is not necessary, it is not needed. The Attorney General [Laughter] at that time read out what was inside of the law, and he stated that this would be supreme and there was The Speaker: Let us not go there because I will have no need for that amendment. you sit down. Now, that amendment failed under party line votes. And, lo and behold, the same person, who as [Laughter] the principal advisor for Government, said there was no loophole, went in private practice and found a Mr. E. David Burt: Oh, I am sorry! Mr. Speaker, I did loophole. not know that standing up for the mighty West End United was a crime! Please, please, please. Mr. Mark J. Pettingill: Point of order.

The Speaker: Carry on, Honourable Member. The Speaker: Yes.

Mr. E. David Burt: Thank you very much, Mr. POINT OF ORDER Speaker. [Misleading]

An Hon. Member: What was the score again? Mr. Mark J. Pettingill: That is actually completely, and utterly misleading, the House. I never at any time Bermuda House of Assembly Official Hansard Report 2 March 2016 1045

said there was no loophole. I just did not say that . . . Speaker, I would like to quote from that Ministerial The law changed. Code of Conduct. And I will quote from section 7.1. Section 7.1 of the Ministerial Code of Conduct The Speaker: Thank you, thank you. says, and I quote: “When Parliament is in session, Ministers will want to bear in mind the desire of Par- Mr. E. David Burt: Let me change my wording then. I liament that the most important announcements of will say “implied.” Because I have read the Hansard. I Government policy should, in the first instance, be have read the Hansard. And I remember when the made in Parliament.” debate on the amendment happened, that Honourable It goes on to say, “Even when Government Member stood up, spoke about the Matrimonial announcements are not of major importance, their Causes Act and said that this amendment is not timing may require careful thought in order to avoid needed because the Matrimonial Causes Act says clashes with other Government publications, state- this. That is what he said. I do believe . . . did he read ments or announcements with planned Parliamentary it into the record earlier again? business.” That is the end of the quote. Mr. Speaker, while the Honourable Junior An Hon. Member: No. That was somebody else. Minister of Home Affairs was giving his Statement, the Premier was down at Cabinet Office giving a state- Mr. E. David Burt: You did not? Okay. So I think that ment on official Government policy, a change in Gov- everyone understands and we are clear from that ernment policy that has been . . . because we know place. that the Attorney General has said there is not going But here is the challenge, Mr. Speaker. The to be a referendum. He does not believe that it is nec- challenge is that parliament, in all instances, is su- essary. We know that we have heard that from other preme. And we heard many instances tonight where Ministers at times. We understand that the Premier we have heard about judge made law. Now, when I himself has told and made representations to other say this issue has been brewing for some time, when persons that there would be no referendum. And then, we had question time on Monday I spoke about the A. all of a sudden, there is a change in Government pol- and B. v. Department of Child and Family Services icy. case, which was ruled on by Justice Hellman last But here is the thing, Mr. Speaker. No one on year, February, so going on 13 months now. that front bench had the decency to come up here and At that point in time, there seemed to be a tell us. That, Mr. Speaker, makes a mockery of par- serious challenge to the policy position of the current liament. Parliament is sitting. The Ministerial Code is Government as it related to equality, based on, at that clear about what should take place. time, sexual orientation. Now, the ruling itself was Now, Mr. Speaker, with all that said, with all based on a marital status argument, which is, in and the confusion that has happened, because we under- of itself, very troubling. That is a different issue. How- stand the confusion that this has caused, and I appre- ever, this issue has been going on for some time. ciate the Honourable Minister for Community, Culture Now, the reason why I say that is, if there was judge and Sports, Minister Patricia Gordon-Pamplin, who at made law that was in contravention of the official posi- least [showed] a level of honesty today that, to a small tion of the Government, it would be incumbent on the measure, some could say, was missing during ques- Government at that time to at least bring something to tion time on Monday. Because at least she admitted this Parliament to at least state where they stand. But that this issue had caused problems inside of their the action of not doing anything led to the Bermuda caucus. And at least she got up and told the people of Bred case and led to where we are right now. the country that the OBA just cannot pass something, Now, here is the thing, Mr. Speaker. I say that they just cannot make it happen, because they need Parliament is supreme, because it seems as though the votes. the disrespect for this body that is exhibited by the And in saying that, that means that she rec- Government continues. And nothing was clearer than ognises that she does not have the votes. Because, what we saw on Monday, where we had a Minister of Mr. Speaker, if the Government had the votes for their the Government . . . I do not want to say duck and Civil Union Bill, it would not have been tabled as a weave, but during official question time when ques- consultation paper. It would have been tabled as a tions were asked we had a Minister of the Govern- Government Bill. That is where we stand. ment demur about a referendum, when I am certain So, yes, Mr. Speaker, this is a difficult issue. that Minister knew that not more than an hour later Yes, Mr. Speaker, we have to come to grips with this she would be going down to the Cabinet Office to an- issue as a country. I stood up and I voted for the nounce a change of a Government position. amendment for the Human Rights Act. I was proud to Now, Mr. Speaker, we had a debate earlier vote for that amendment, and I stated my reasons for that spoke about the Ministerial Code of Conduct, the voting for that amendment. But I also want to remind new Ministerial Code of Conduct, which anyone can the people of this country, and especially the One find on the Government website. And if I may, Mr. Bermuda Alliance, that I find it hard [to take] that they Bermuda House of Assembly 1046 2 March 2016 Official Hansard Report are taking credit for passing the Human Rights I will also go to another step, Mr. Speaker, Amendment and the changes to the Human Rights because it is this question about the referendum. Amendment when it was inside of their platform and Now, we had a debate on Monday during question they won the election! time when the Minister was asked certain questions, Because when we say the parliament is su- and she was pressed on the margin of appreciation. preme, Mr. Speaker, it also means that the people are Now, I have read the Oliari case. I have, because I supreme. The One Bermuda Alliance made it clear had interest in it. And the rulings that have come down before the election that they would insert the two from the courts, I have a problem with. And I do not words and a comma into the Human Rights Act. They have a problem with the rulings insofar as the inherent won the election. They carried out their manifesto. rights that they would confer upon same-sex couples. That is what they are supposed to do, execute their I have an issue with the rulings that they are seem- agenda. That is fine. The people voted for it, Mr. ingly made on the basis of marital status, and there- Speaker. When they brought that amendment, it was fore confer the rights of married persons to unmarried Government policy that the definition of marriage persons, whether they are in same-sex or opposite- would not change. That was what was stated here. sex relationships. And I have an issue with that, per- Now, this is not an Opposition Bill. This is a sonally. But that is me. Private Members’ Bill. And the advice that I will give to The challenge overall, Mr. Speaker, however, the Honourable Member is that there seems to be a is what do the people think? And I go back to saying lot of debate today. And I think that it has at least that the One Bermuda Alliance ran their election in opened some eyes, and I think that there is possibly 2012. They said they would amend the Human Rights space that we, as a parliament together, can come up Act, and they amended it. Now, belatedly, they have with a position which may work. So I am going to pos- decided to go to a referendum on the issue of civil sibly ask the Honourable Member if maybe he will union and same-sex marriage. I would implore the consider rising and reporting progress. Because I Honourable Premier, who I believe is sitting in the would like to see if the Government is going to follow Gallery [sic], to at least on Friday consider giving par- through with their action of the amendment to the Mat- liament the respect it deserves by bringing a ministe- rimonial Causes Act, as they have said that they rial statement as to the position of his Government as would do. to what are the proposed questions that they were Now, Mr. Speaker, we have seen Bills that looking to pose? So at least we can be discussing this have been tabled many times in this House that do not in a vacuum, but know what is going to come from not see the light of day—Government Bills. We have the Government, who were elected to lead. seen that. So, we do not have to talk about the trust The Government has to take leadership on deficit, because we know what has happened to pre- this issue. We should not be having this debate be- vious— cause of a Private Members’ Bill, Mr. Speaker. This issue came to the forefront 13 months ago with the Hon. Patricia J. Gordon-Pamplin: Point of clarifica- first decision from Justice Hellman. And this is the first tion, Mr. Speaker, if the Honourable Member will yield. time that parliament has had this debate. So I will agree with others who have said the Government has Mr. E. David Burt: I will yield. not led on this issue. It is important that the people understand where the Government stands. And this is The Speaker: Yes. Carry on, Minister. an issue that we have to work our way through. And I hope that the Premier will at least bring POINT OF CLARIFICATION a statement so we can understand the position of the Government, understand what a referendum may look Hon. Patricia J. Gordon-Pamplin: I think it is just like, understand when they intend to hold it, and then I important to say that we have tabled this Bill. And it think we will be in a better place to made a decision will be debated at the appropriate time. So I just want on this Bill and/or the Matrimonial Causes Act when it the Honourable Member to be aware of that. comes. Because right now, we are discussing all of The Speaker: Right. Okay. these things [about] a change in Government policy, Carry on. when nobody knows where the Government is going. And as we have seen, on Friday the Premier may Mr. E. David Burt: And that is perfectly fine, the ap- change his mind again. And there may be no referen- propriate time. The question is, when? When is the dum; it might be off the table. We do not know! Like appropriate time? The Government will decide; that is seriously, Mr. Speaker, I know that people are chuck- perfectly fine. However . . . however, I think that they ling because it seems like it is funny. But we do not should be given time to let the people see when it is know. And that is the problem with (I am not trying to the appropriate time. get too personal, but) the weak leadership that we are seeing. Stand up. Lead. Let us know where we stand. Bermuda House of Assembly Official Hansard Report 2 March 2016 1047

You were not for a referendum; fine. You could not table the Bill because you did not have the votes; fine. Hon. Wayne L. Furbert: Well, they take the challenge You decided you are going to have a referendum; of whether they will be represented in their constitu- fine. At least tell us what it is going to be so we can ency in the last election. move forward. I already told you how one lady in 2007 called There is one thing that I think all of us can me at her house, said, Wayne, I’m not voting for you. I agree on: there are lots of issues that should be de- said, Why? She said, Because I heard you are going serving of the attention of this Government, not just to be supporting this sexual orientation Bill. I said, Oh, this issue, which it is taking time away from not only yeah? I said, Well, my grandpa was Bishop Russell parliament, but also the Ministers of the Government Furbert. My pastor was Bishop Norris Dickenson. And in dealing with this issue. We need to move past it so my mother-in-law was Charlotte Robinson—evangelist we can have a position, take it to the people, find out Charlotte Robinson. She said, Wayne, I’ll be at the what the people say so we can move on. So I would polls, because she knew exactly what that meant. urge the Government to move with quickness and ex- What I am saying to you is that this is not pediency on the issue of the referendum. over. And so, with those few remarks, in wrapping up . Thank you, Mr. Speaker. . . the referendum. Like I said, my colleagues talked about the referendum. I am hoping that the Premier The Speaker: Thank you, MP. will come to this House and tell us where his Govern- Would any other Honourable Member care to ment stands. I do not believe his Government knows speak? where they stand. If you ask every one of them, put Then I will go back to the Honourable Member them in a room and ask the question, What is the who brought this Bill, yes. wording in the referendum?, probably all of them have a different wording. If any person probably knows, it is Hon. Wayne L. Furbert: Thank you, Mr. Speaker. the Premier, and probably he does not even know. Mr. Speaker, let me just say I think this has So it would be interesting how . . . and I heard been a very good debate. We have heard the views of the Honourable Minister, Patricia Pamplin-Gordon, some of us, I should say, and the perspective has because she did not know what was happening on been what I expected. I believe at the end of the day Monday . . . people have different views, and that is what we hear in the countryside. We are not all going to be speaking Hon. Patricia J. Gordon-Pamplin: Point of order, Mr. on the same page, and I expect that. Speaker. But yet, I find it very strange when people talk about being a representative and then, at the end of The Speaker: Yes, Honourable Minister. the day, do not take into consideration their constitu- ents. I challenge anyone who will stand up before the POINT OF ORDER next election to say, I am running for constituency 11. [Misleading] But I am not going to listen to you; I am going to do whatever I want. I dare anybody to say that the night Hon. Patricia J. Gordon-Pamplin: The Honourable just before the election and see how far you get. It just Member is misleading the House. I cannot allow that does not work that way. We used to say, I am going to comment to stand. He is saying that I did not know. stand up, and I am going to represent your views. And the Honourable Member does not know what I Fortunately, constituency 6 falls in line with know. basically the way I think. And if there was a difference, then I would have to decide whether they want me to [Laughter] represent them or not, I will tell them, and then they will have to decide whether they want me or not. I un- The Speaker: All right. Thank you. derstand how that works. And most people who spoke here today, be- Hon. Wayne L. Furbert: Anyway, I think it was a cause of how our constituents fall, my perspective of good debate. I am not going to get into that. He knows how Hamilton Parish thinks is different from how that most of us have not interpolated at all through this Paget thinks—the cultural difference. My district is meeting or even called for points of order. different basically on independence than how Paget So, Mr. Speaker, with those few remarks, I thinks or some other areas. We are a predominantly ask that we move to Committee stage. black community; we think marriage should be be- tween a male and a female. That is where it falls in The Speaker: All right. the black community. And those within that commu- nity, at the end of the day, speak out against that. The Speaker: All right. Thank you. I would like to ask that the Deputy [Speaker] [take the Chair of Commit- [Inaudible interjections] tee]. Bermuda House of Assembly 1048 2 March 2016 Official Hansard Report

[Pause] REPORT OF COMMITTEE

House in Committee at 11:18 pm HUMAN RIGHTS AMENDMENT ACT 2016

[Mrs. Suzann Roberts-Holshouser, Chairman] The Speaker: Honourable Members, on the Second Reading of the Human Rights Amendment Act 2016, it COMMITTEE ON BILL has been agreed to rise and report progress. All other matters, I believe, are carried over. HUMAN RIGHTS AMENDMENT ACT 2016 The Chair will recognise the Minister of Health. The Chairman: Thank you, Members. We are now in Committee of the whole [House] for further discussion SUSPENSION OF STANDING ORDER 21 on the Bill entitled Human Rights Amendment Act 2016. Hon. Jeanne J. Atherden: Mr. Speaker, I move that I call on the Member responsible for the Bill to Standing Order 21 be suspended to enable me to continue. The Member from constituency 6, you have move that the Bill entitled the Public Health Amend- the floor. ment Act 2016 be now read the third time by its title only. Hon. Wayne L. Furbert: Thank you, Madam Chair- man. The Speaker: Any objections? Madam Chairman, I have listened to col- leagues on both sides. And I listened to my good [Motion carried: Standing Order 21 suspended.] friend, the Honourable Minister with my name, Wayne Scott, and my Deputy Leader, the Honourable Mem- The Speaker: Carry on, Minister. ber David Burt. And I am going to rise and report progress. I BILL am going to ask this House to rise and report progress so we can reflect on what took place this evening. And THIRD READING if we want to get together, as my honourable col- league said, we can get together and form a clearer PUBLIC HEALTH AMENDMENT ACT 2016 policy or whatever, legislation that we can work to- gether on, going forward. I am willing to do that. But at Hon. Jeanne J. Atherden: Public Health Amendment this moment, I think that we should rise and report Act 2016. I move that the Bill do now pass. progress.

The Speaker: Thank you. The Chairman: Members, are there any objections to Any objections to that? rising to report progress? The Bill is now passed.

Some Hon. Members: Yes. [Motion passed: The Public Health Amendment Act 2016 was read the third time and passed.] Some Hon. Members: No.

The Speaker: That concludes the Orders of the Day. The Chairman: I am not clear. Mr. Premier?

[Crosstalk] ADJOURNMENT

The Chairman: We will rise and report progress. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. th [Gavel] I move that we adjourn until Friday, March 4 .

The Speaker: Honourable Members, the House is [Motion carried: The Committee rose, reported pro- th gress and sought leave to sit again.] adjourned to Friday, March the 4 .

[Pause] [Gavel]

[At 11:22 pm, the House adjourned until 10:00 am, House resumed at 11:20 pm Friday, 4 March 2016.]

[Hon. K. H. Randolph Horton, Speaker, in the Chair] Bermuda House of Assembly