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Official Hansard Report 2018/19 SESSION of the BERMUDA SENATE OFFICIAL HANSARD REPORT 9 November 2018 Sitting number 1 of the 2018/19 Session (pages 1–6) Sen. The Hon. Joan E. Dillas-Wright, MBE, JP President Disclaimer: The electronic version of the Official Hansard Report is for informational purposes only. The printed version remains the official record. Official Hansard Report 9 November 2018 1 BERMUDA SENATE OFFICIAL HANSARD REPORT 9 NOVEMBER 2018 10:00 AM Sitting Number 1 of the 2018/19 Session [Sen. the Hon. Joan Dillas-Wright, President, in the The Clerk: Okay. Do you want to sign? Chair] Sen. Nicholas Kempe: Thank you. The President: Good morning, Senators. Good morn- ing. The Senate is now in session. The Clerk: Thank you. Shall we pray? The President: I would like to now call on Senator PRAYERS Marcus Jones. Would you like to come forward, sir? [Prayers read by Sen. the Hon. Joan Dillas-Wright, President] [Pause] The President: Please be seated. OATH OF ALLEGIANCE MESSAGE FROM THE GOVERNOR Sen. Marcus Jones: I, Marcus James Anthony Jones, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her The President: I now have the message from His Excellency the Governor. Is there a message? Heirs and Successors, according to law, so help me God. The Clerk: Yes. There is a message from His Excel- lency, Madam President. The message is number 1, The Clerk: Thank you. and it is from His Excellency, Mr. John Rankin CMG, Governor and Commander in Chief. The President: I would like to now call on Senator The message reads: Dwayne Robinson. “I have the honour to inform the Senate that I Would you like to come forward, sir? will deliver the Speech on the Occasion of the Con- vening of Parliament at 11:00 am today, Friday, the 9th [Pause] of November 2018, on the Cabinet Office lawn.” That is from Government House, dated 9th OATH OF ALLEGIANCE November 2018. Sen. Dwayne Robinson: I, Dwayne Vernell Robin- son, do swear that I will be faithful and bear true alle- The President: Thank you, Clerk, Mr. Somner. We will now have the Oaths of Allegiance. giance to Her Majesty Queen Elizabeth II, Her Heirs And I would like to call on Senator Nicholas Kempe to and Successors, according to law, so help me God. swear his oath. If you would like to come this way, sir. The President: Thank you. And now you sign. Congratulations. [Pause] Well, Senators, we will now adjourn so that we can . ADMINISTRATION OF OATHS An Hon. Senator: Madam President, I move that the OR AFFIRMATIONS Senate do now adjourn until 10:55 am and reassem- ble in the Cabinet Office lawn for the reading of the OATH OF ALLEGIANCE Throne Speech. Sen. Nicholas Kempe: I, Toby Nicholas Kempe, do The President: Is there any objection to that motion? swear that I will be faithful and bear the true alle- No objection. giance to Her Majesty Queen Elizabeth II, Her Heirs The Senate will stand adjourned until 10:55. and Successors, according to law, so help me God. Bermuda Senate 2 9 November 2018 Official Hansard Report Proceedings suspended at 10:05 am ANNOUNCEMENTS Proceedings resumed at 12:31 pm The President: There are none. [Sen. the Hon. Joan Dillas-Wright, President, in the NOTICES OF MOTION Chair] The President: Senator Kathy Lynn Simmons, Attor- ANNOUNCEMENT BY THE PRESIDENT ney General, and Leader of the Government. HOUSE VISITORS [Crosstalk] The President: Good afternoon, Senators. Sen. the Hon. Kathy Lynn Simmons: Thank you, The Senate is now again in session following Madam President. Thank you. the Speech from the Throne. Madam President, I give notice that at the Before we get into our business, I would just next day of meeting, I will move that the following like to acknowledge the presence of those in the Gal- message be sent to His Excellency the Governor: lery, the visitors, and to thank you for your presence. “May it please Your Excellency, the Senate And I would also like to say that, earlier, we had family has the honour to thank Your Excellency for the most members of the new Senators in the Gallery. And I gracious speech with which Your Excellency was just want to acknowledge [them] and to ask you to pleased to open the present session of Parliament.” express our sincere gratitude and thanks for their ap- pearance this morning, and to congratulate them on The President: Is there any objection to that motion? your behalf. No objection. Thank you, Senator. CONFIRMATION OF MINUTES [Minutes of 15 August 2018] [Motion carried.] The President: We now will have the Minutes of the PETITIONS th meeting of the 15 of August 2018. Senator Jardine. The President: There are none. Sen. James S. Jardine: Madam President, I move STATEMENTS that the Minutes of the meeting of Wednesday, the 15th of August 2018, be taken as read. The President: Senator Kathy Lynn Simmons, I be- lieve you have two Statements. You have the floor. The President: Is there any objection to that motion? No objection. AMENDMENTS TO THE LIQUOR LICENCE ACT 1974 Sen. James S. Jardine: Madam President? Sen. the Hon. Kathy Lynn Simmons: Thank you, The President: Senator Jardine, carry on. Madam President. And, Senators, you will excuse the draft that Sen. James S. Jardine: Madam President, I move th you have, which will be revised. But we can refer to it that the Minutes of Wednesday, the 15 of August for the purposes of this Statement. 2018, be confirmed as a correct record of that meet- I am pleased to inform Madam President and ing. this Honourable Senate of the proposed amendments to the Liquor Licence Act 1974 which will be tabled The President: Is there any objection to that motion? th during this session of the Legislature. Madam Presi- No objection. The Minutes of the 15 of Au- dent, this Government strives to strike the right bal- gust 2018 are confirmed. ance to ensure that alcohol is responsibly consumed, Thank you, Senator Jardine. whilst meeting the commercial demand to make it available. Bermuda is not only an international busi- [Minutes of 15 August 2018 confirmed] ness jurisdiction, but it is also a hospitality destination. Of course, Madam President, a primary con- REPORTS OF COMMITTEES cern is for the safety of the public, and the mainte- nance of law and order, in permitting the consumption The President: There are none. of alcohol. This Government’s recent implementation Bermuda Senate Official Hansard Report 9 November 2018 3 of roadside sobriety testing is a prime example of en- ment Bill 2018 delivers upon that commitment. These suring this balance. proposed amendments to the Criminal Code would Madam President, amendments to the Act will ensure that the sex offender legislative regime rein- be advanced to expand the categories of the licences forces its protection of the public. Specifically, Madam issued by the Liquor Licensing Authority so that they President, highlights of the Bill include the establish- reflect the current needs of industry stakeholders, ment of an operational framework that requires com- such as retailers and caterers. The Senior Magistrate, pletion of mandatory programmes before sex offend- who is responsible for the administration of the re- ers can apply for release on licence or be released on gime, has also identified gaps in the Act which high- their earliest release date; requires all sex offenders light the need for reform. It is the Ministry’s intention to sentenced to a period of incarceration to be entered advance the most urgent amendments to the Act on the sex offender register maintained by the Ministry which will support the economic sustainability of in- of Legal Affairs; ensures that the public will not have dustry stakeholders. access to the register; establishes an Offender Risk Madam President, the proposed amendments Management Team to monitor offenders within the will make express provision for a new class of licence community. for catered events and for wine tasting, respectively. The team will be comprised of members from The amendments will remove any ambiguity that cur- the Bermuda Police Service, the Department of Court rently exists in the Act. Madam President, we are all Services, and the Department of Corrections. The familiar with wine tasting events, often held by a retail team may recommend that offenders be reassessed if outlet or other avenues for commercial purposes. Cur- their risk of reoffending is elevated. rently, there are no provisions in the Act to permit the Madam President, the overall intent is to do sampling of alcohol at such events in liquor or other everything feasible to ensure that offenders do not retail stores. have the opportunity to reoffend. Offenders will be Typically, the objective of these events is to comprehensively monitored upon release, and the promote sales and introduce consumers to a product, appropriate notification given to victims and members within a controlled environment. Businesses make the of the public where wider disclosure is warranted. determination as to profitability, and consumers are When victims are children, stakeholders will collabo- enticed by sampling. The usual safeguards will pre- rate to ensure that identified institutions are alerted vail, as the age of drinkers and other parameters, in and that appropriate restrictions are in place to protect keeping with the law. children. Madam President, while the Bill will be per- Madam President, we have undertaken care- missive, it will maintain the checks and balances of ful research into the establishment of a public sex of- ensuring that the licensing criteria will continue to be fender register.
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