2018/19 SESSION of the

BERMUDA

OFFICIAL 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 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 . 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 , 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. It is important to note that most juris- met for those serving alcohol. dictions, even those that appear to resort to draconian Thank you, Madam President. matters, do not have a public sex offender register. In addition, some jurisdictions are moving away from this The President: Thank you, Senator Kathy Lynn Sim- practice, as it has impacted offenders in such a way mons, Attorney General. as to place children at a higher risk. You have a second Statement, I believe. I am pleased to inform the Senate, Madam President, that the sex offender management regime, Sen. the Hon. Kathy Lynn Simmons: Yes. registration and collaboration outlined in this new framework is demanding, yet sustainable. The Minis- The President: You can proceed. try will continue to review and revise the protocol in the disclosure of information identifying sex offenders Sen. the Hon. Kathy Lynn Simmons: Thank you, and offender management programmes in order to Madam President. ensure their effectiveness. With the implementation of the Offender Risk Management Team, there is an ad- CRIMINAL CODE (SEX OFFENDER ditional resource in our accountability toolbox. I am MANAGEMENT) ACT 2018 sure that the data compiled within the next few years will provide a basis for further legislative and policy Sen. the Hon. Kathy Lynn Simmons: Madam Presi- development so that best practices are maintained. dent, in August of this year, I affirmed for the Senate Madam President, the outcries from various the Legal Affairs Ministry’s intent to ensure that mem- sectors and interest groups within our community bers of the public are protected from criminal offend- have not gone unnoticed. We have considered legal ers reoffending. I emphasised that chief among these and constitutional issues and information provided to concerns are the victims of sex offenders, particularly the Joint Select Committee by stakeholders. The children. Bermuda Police Service, the Department of Court Madam President, the tabling today of the Services, the Department of Public Prosecutions, and Criminal Code (Sex Offender Management) Amend- Bermuda Senate 4 9 November 2018 Official Hansard Report

the Department of Corrections will continue to collabo- Thank you, Senator Kathy Lynn Simmons. rate to ensure the success of this initiative. Madam President, I have highlighted positive Sen. the Hon. Kathy Lynn Simmons: Thank you, changes to the existing sex offender management Madam President. regime, which fulfilled this Government’s pledges to our community. We will continue the hard work nec- FIRST READING OF PUBLIC BILLS essary to enhance the lives and safety of our citizens. Finally, I look forward to engaging Senators in The President: We now move on to the agenda, the a fulsome discussion of the merits of the Bill in due first reading of public Bills. There are none. course. Thank you, Madam President. FIRST READING OF PRIVATE BILLS The President: Thank you, Senator Kathy Lynn Sim- mons, Attorney General, and Government Leader in The President: First reading of private Bills. There the Senate. are none.

INTRODUCTION OF BILLS QUESTION PERIOD

Now we move on to Introduction of The President: The President: We move now to questions and Bills. Question Period. I think Senator Kathy Lynn Simmons, this is The first Statement was from Senator Kathy your Bill. You have the floor. Lynn Simmons, Amendments to the Liquor Licence Act 1974. Sen. the Hon. Kathy Lynn Simmons: Thank you. Does any Senator wish to raise questions on Thank you, Madam President. this? Madam President, under the provisions of No? No questions. Thank you, Senators. Standing Order 23, I move for leave of the Senate to Then we will move on to the second State- introduce the Bill entitled the Criminal Code (Sex Of- ment, which is the Criminal Code (Sex Offender Man- fender Management) Amendment Act 2018. agement) Amendment Act 2018. And, Madam President, I hereby introduce Are there any questions on that Statement? and read for the first time by its title— No? Thank you, Senators.

The Clerk: Just, are there any objections? ORDERS OF THE DAY

The President: Are there any objections to the first reading? The President: We will now move on to Orders of the No objection. Day. And there are none.

The President: Carry on. MOTIONS

FIRST READING The President: There are none.

CRIMINAL CODE (SEX OFFENDER CONGRATULATORY AND/OR MANAGEMENT) AMENDMENT ACT 2018 OBITUARY SPEECHES

Sen. the Hon. Kathy Lynn Simmons: Madam Presi- The President: Would any Senator care to speak on dent, I hereby introduce and read for the first time by this? its title a Bill entitled the Criminal Code (Sex Offender Senator Kempe, you have the floor. Management) Amendment Act 2018. Sen. Nicholas Kempe: I would like to congratulate The President: Is there any objection to that motion? C.A.R.E. Computer Centre for 35 years [of service]. No objection. Carry on. Some 800 graduates have passed through their doors, and some 5,000 people through [their] other Sen. the Hon. Kathy Lynn Simmons: Madam Presi- courses. So, congratulations to the Honourable Nel- dent, I ask that the said Bill be set down on the Order etha Butterfield and C.A.R.E. Computer. Paper for second reading at the next day of meeting. The President: Thank you, Senator Kempe. Congrat- The President: Is there any objection to that motion? ulations are due, as you mentioned. No objection. The Bill will be set down on the Would any other Senator care to speak on next day of meeting. Congratulatory and/or Obituary Speeches? Bermuda Senate Official Hansard Report 9 November 2018 5

Senator Campbell, you have the floor. supposed to die. She was just that incredible to eve- rybody in the St. George’s community. So, thank you. Sen. Vance Campbell: Good morning, Madam Presi- dent. The President: Thank you, Senator Richardson. Would any other Senator care to speak on the The President: Good morning. Congratulatory and/or Obituary Speeches? No? Sen. Vance Campbell: I would like condolences to be Senator Kathy Lynn Simmons. Oh, I beg your sent to the family of the late Kenneth Noel Paul, who pardon. passed away on October 26. Mr. Paul led a full life. Well, Senators, I would just like to He was an electrician. He was a trade unionist. He acknowledge the passing of Carol Anne Paynter. Ms. was a candidate in 1972 for the Progressive Labour Carol Anne Paynter was a nurse at the hospital. And Party. He fought all his life for the improvement in the in fact, she was Assistant Director over many years economic and social conditions of the people of Ber- that I was in health care. And I would just like to say muda. And it was indeed an honour to attend his fu- that we want to extend [condolences] to her family, to neral, and not only to attend, to give a tribute. So, if the Paynter family, on the passing of her. She was condolences can be sent to the family, it would be stepmother to many of the family members. And it much appreciated. Thank you. was a wonderful send-off for her at the cathedral. In fact, I understand, because I did attend the funeral, The President: Thank you, Senator Campbell. I am that for 35 years she attended the cathedral. And she sure all Senators will join in those comments from was well liked at the hospital and at the cathedral. So I you. would just like to extend, to her family anyway, condo- Would any other Senator care to speak? lences on behalf of the Senate. Thank you. Senator Hayward, you have the floor. Now we will have adjournment. Sorry . . . Senator Richardson. Senator Kathy Lynn Simmons, you have the floor. Sen. Anthony Richardson: No problem. ADJOURNMENT [Laughter] Sen. the Hon. Kathy Lynn Simmons: I think I have The President: I was looking at Senator Hayward. my dates right. Senator Richardson, you have the floor. (I beg Thank you, Madam President. your pardon.) I move that the Senate do now adjourn to Wednesday, November 21st. Sen. Anthony Richardson: Madam President, and fellow Senators, I would just like to, on the condolence The President: Is there any objection to that motion? side, I guess, recognise the passing of a long-serving No objection. St. George’s icon, Ms. Ianthe Pearman. She actually taught me in primary school. She probably taught eve- Sen. the Hon. Kathy Lynn Simmons: I move that the rybody who lives in St. George’s who is probably less Senate do now adjourn. than age 65. She was there for so long. And I still re- call that day, a long way ago, When I was in standard The President: Is there any objection to that motion? 4, and I was doing my math in class. And it was close No objection. to 3:30. And she said . . . Yes, standard 4. And she said to me, Anthony, if you are not finished, you can The Clerk: Would anybody want to speak on the mo- take your book home for the weekend, a math book. tion? And I took it. It was a brown textbook. So I still re- member that. The President: Would anybody want to speak on the And she lived a very fulsome life. She was motion to adjourn? Here is your opportunity. one of those I want to call “old-school educators” who took it very, very seriously. And everybody who knew The Clerk: Say no. her, it was Ms. Pearman. No matter where you saw her, whether it was weekends or otherwise. And she [Laughter] was very committed to her craft. And I just want to recognise her. She is going to be buried next week. The President: Well, this is your opportunity. If not And I really want to recognise her. I mean, everybody . . . who knows her is like, Wow. She is almost one of Senator Kempe, you have the floor. those people whom I know how, of course, life bends work, right? But she was one of those who was not Bermuda Senate 6 9 November 2018 Official Hansard Report

GLOBAL ENTREPRENEURSHIP WEEK

Sen. Nicholas Kempe: I just want to encourage any- one who is interested in entrepreneurship and small business to take advantage of Global Entrepreneur- ship Week, which officially starts on Monday. But, as is the habit of BEDC [Bermuda Economic Develop- ment Corporation], it rolls out for this whole month. So I have got my GEW pin on. There are a lot of excellent events. The President: Wonderful. Would any other Senator care to speak on the Motion to Adjourn? Senator Kathy Lynn Simmons, Attorney Gen- eral, you have the floor.

WELCOME NEW SENATORS

Sen. the Hon. Kathy Lynn Simmons: Thank you, Madam President. On behalf of the Government team, I would like to welcome the new OBA Senators to the Senate. We look forward to working with you in progressing the business of the country. Thank you.

The President: We all join in those comments. Thank you, Senator Kathy Lynn Simmons. And with that, the Senate stands adjourned until the 21st. Thank you all, Senators.

[At 12:31 pm, the Senate stood adjourned until 10:00 am Wednesday, 21 November 2018.]

Bermuda Senate