SENATE of BERMUDA Official Senate Minutes

Official Senate Minutes February 15, 2012

Electronic Version

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

Disclaimer: The electronic version of these Official Senate Minutes is for informational purposes only.

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BERMUDA Senator the Hon. Ms. K.N. Wilson, Government Leader in the Senate, nominated PROCEEDINGS OF THE SENATE Senator Mrs. J.E. Dillas-Wright for the post of Vice- President. SESSION OF 2011 - 2012 No other Senators were nominated for the post.

No. 8 Madam President asked Senator Dillas- Wright if she accepted the nomination as Vice- WEDNESDAY, 15th FEBRUARY, 2012 President. Senator Dillas-Wright answered in the affirmative.

PRESENT: Madam President declared that Senator Mrs. Joan E. Dillas-Wright had been duly elected as Senator the Hon. Mrs. C.M. BASSETT, J.P., Vice-President of the Senate. Senator Dillas- PRESIDENT Wright thanked Senators for their support. Senator Mrs. J.E. DILLAS-WRIGHT, M.B.E., J.P. Senator J.S. JARDINE 10:04a.m. Senator the Hon. Ms. K.N. WILSON, J.P. Senator E.D.G. BURT, J.P. On the motion of Senator Mrs. J.E. Dillas- Senator J.D. SMITH, O.B.E., C.P.M., J.P. Wright, the minutes of the meetings of Monday, Senator A.L.V. INGHAM, J.P. 12th December, Wednesday, 14th December and Senator D.V.S. RABAIN Friday, 16th December, 2011 were taken as read Senator M.H. DUNKLEY, J.P. and confirmed. Senator Ms. A.J. DANIELS, J.P. Senator M.M. FAHY, J.P. Senator the Hon. the President announced that, in accordance with the provisions of Section ------13 of The Audit Act 1990, a copy of the ‘Special Report of the Auditor General on the Misuse of Public Funds’, dated December 2011, had been 10:01a.m. forwarded to the President; and that the said Report was hereby formally tabled in the Senate Following Prayers, Senator the Hon. the for the information of Senators. Copies of the President lead a Moment of Silence in memory of Special Report may also be obtained on the former President of the Senate, the Hon. Alfred T. Auditor General’s Website. Oughton, C.B.E., who had passed away earlier in the week. Senator the Hon. the President announced that, in accordance with the provisions of Sections Senator James Stanhope Jardine made 24(2)(a) and 24(3) of The Ombudsman Act 2004, and subscribed before Senate the Oath of a copy of the Special Report of the Ombudsman for Allegiance. Bermuda entitled “Today’s Choices Tomorrow’s Costs - The Ombudsman for Bermuda’s Systemic Investigation into the Process and Scope of Analysis for Special Development Following on the retirement of Senator Orders”, dated 10th February 2012, had been Dr. Idwal W. Hughes, C.B.E., J.P. as Vice President forwarded to the President, and that copies of the of Senate in December 2011, Senator the Hon. the said Special Report entitled “The Bermuda Airport President called on Senators to elect a new Vice (Duty Free Sales) Amendment Act 2011”, and “The President. Customs Tariff Amendment (No. 3) Act 2011” -- which was agreed to.

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were hereby tabled in the Senate for the and at Rehabilitation and Educational information of Senators. Programmes available for Inmates.

10:06a.m. Senator the Hon. Ms. K.N. Wilson, as Attorney-General and Minister of Justice, made a Senator J.D. Smith presented for the Ministerial Statement on the Nightlight information of Senate the ‘Police Complaints Programme, which is a collaborative effort Authority of Bermuda Consolidated Annual Report between the Department of Court Services and the for the Years 2008, 2009 and 2010’. Bermuda Police Service.

Senator E.D.G. Burt presented for the consideration of Senate the draft Order entitled 10:31a.m. “The Development and Planning (General Development) Amendment Order 2012”, Senator D.V.S. Rabain, as Junior Minister proposed to be made by the Minister responsible for Education, made a Ministerial Statement on for Planning under the provisions of section 15 of the Teacher Qualifications Exemption Order The Development and Planning Act 1974; and he issued by the Ministry of Education. gave notice that at the next day of meeting, he would move that the said draft Order be approved. Senator D.V.S. Rabain, as Junior Minister for Education, made a Ministerial Statement on Senator Mrs. J.E. Dillas-Wright presented Changes in the Ministry of Education’s Policies on the following petition for the information of the First Admission of Students to Primary Schools. Senate and referral to the Joint Select Committee on Private Bills:- Senator D.V.S. Rabain, as Junior Minister The petition of Kenneth L. Bartram Jr. for Community Development, made a Ministerial and Norman C. Pogson, on behalf of The Statement on the Youth Literacy Programme. Worldwide Church of God (Bermuda), requesting the enactment of amendments to its incorporating Act, as more particularly set out in the private Bill entitled “The Worldwide Church of God 10:43a.m. (Bermuda) Amendment Act 2011”, which accompanies the petition. Senator J.D. Smith, as Junior Minister for National Security, made a Ministerial Statement on Government initiatives for ‘Community Action 10:07a.m. in Gang Prevention’.

Senator the Hon. Ms. K.N. Wilson, as Attorney-General and Minister of Justice, made a Senator J.D. Smith, as Junior Minister for Ministerial Statement on Ministry of Justice Government Estates and Information Services, Initiatives to address the increase in Anti-Social made a Ministerial Statement providing an update Behaviour, Violent Crime and Gang-Related on the ‘Establishment of a Cisco Local Academy in Activity. Bermuda’.

10:50a.m. Senator the Hon. Ms. K.N. Wilson, as Attorney-General and Minister of Justice, made a Senator E.D.G. Burt, as Junior Minister for Ministerial Statement on the Department of Economy, Trade and Industry, made a Ministerial Corrections, and its various initiatives aimed at Statement on the Range of Training Programmes developing and enhancing the Training offered by the Department of Labour and Training, Programmes available for Corrections Officers, and the Job Placement service provided by the Department.

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Senator E.D.G. Burt, as Junior Minister for Senator D.V.S. Rabain associated himself Economy, Trade and Industry, made a Ministerial with the congratulatory remarks for the Statement on the Small Business Construction Cablevision Community Service Awardees and Incubator and Hands Up Empowerment Bermuda Cablevision; and he paid tribute to the Programmes offered by the Bermuda Economic late Bishop Norris Dickenson, whom he noted had Development Corporation. recently passed after a very long and very distinguished life as an exemplary man and a truly outstanding Bermudian. He noted that Bishop 11:03a.m. Dickenson had the distinction of being the first Bermudian to be consecrated as a Bishop by his The following Public Bills were brought Church and that he was great family man. up from the Honourable House of Assembly, and given a First Reading in the Senate:- Senator Rabain congratulated the Bermuda Gymnastics Association and the Team “The Police and Criminal Evidence Amendment Coaches on the tremendous success and Act 2012”; accomplishments of the Bermuda Gymnastics “The Human Rights Amendment Act 2012”; Team at the recent Manhattan Classic Invitational and competition in New York. The Team won multiple “The Revenue Amendment Act 2012”. medals; and he particularly congratulated Tabytha Hofheins, Sadia Wilson, Sydney Mason, Danielle Wall and Anah Lightbourne on qualifying for competition in major International Gymnastics On the motion of Senator M.H. Dunkley, Championship events. item number 1 on the Order Paper was carried over to the next day of meeting. Senator Rabain also congratulated Ms. Teresa Perozzi on recently winning the WBA Women’s Middleweight Boxing Championship in a 11:04a.m. boxing match held in Trinidad.

Senator the Hon. Ms. K.N. Wilson paid Senator A.L.V. Ingham associated himself tribute to the former President of the Senate, the with the congratulatory remarks for the Bermuda late Hon. Alfred T. Oughton, C.B.E.; and she spoke Gymnastics Association and the Gymnastics Team of his excellent leadership and example of public on their recent success, noting that his grand- service, his tremendous contributions to the daughter is active in gymnastics. advancement of Health Care services for Bermudians, and his wonderful devotion as a Senator Ingham associated himself with husband to his late wife Jean. the tributes for the late Hon. Alfred Oughton, noting that he knew Mr. Oughton as the General Senator Wilson also paid tribute to the Manager and CEO at BELCO. He remarked that late Mrs. Martha Idona Carter of Somerset, whom Mr. Oughton’s real impact at BELCO was in she noted was a trailblazer in the community as a developing people at the company, particularly business entrepreneur, a beloved family young Bermudians, and that he was very active matriarch, a remarkable woman in many and forward thinking in labour relations at the respects, and an outstanding member of the Allen company and in Bermuda. Temple A.M.E. Church Family over many years. 11:20a.m. Senator Wilson congratulated Bermuda Cablevision and the organizers of the Cablevision Senator J.D. Smith associated himself with Community Service Awards banquet held recently. the tributes for the late Hon. Alfred Oughton; and She noted that the event featured some with the congratulatory remarks for Ms. Teresa tremendously talented young entertainers and Perozzi and the Bermuda Gymnastics Association. artists. She also congratulated the Community Service Awardees, and thanked Bermuda Senator Smith paid tribute to the late Cablevision for their sponsorship of the Awards. Police Constable Sandra Rowe of the Bermuda Police Service. Senator Smith noted that PC Rowe

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had been recruited to the BPS from Jamaica and Senator Daniels congratulated Mr. Tyler that she was very active in the Community Action Butterfield on winning the 2012 La Paz Pan Teams, and was very popular with her fellow American Triathlon Elite Men’s Championship in police officers. Argentina; and she congratulated Mr. Nahki Wells on his great success as a player for Bradford City Senator Smith congratulated Principal in the English Professional Football Leagues. Mrs. Maggie McCorkell and the Warwick Academy on the celebration of the Academy’s 350th Senator Daniels congratulated Tokio Anniversary, noting that the Academy has a great Millenium Re and Bicycle Works on the wonderful legacy of producing outstanding Bermudians in all success of the Tokio Millenium Youth Mountain facets of the community and in the professions Bike Race Series for Bermuda’s young primary and the Arts. school-aged children; and she congratulated the Building Blocks Academy on its recent opening. Senator Wilson and Senator Ingham associated themselves with these remarks for the Senator Daniels associated herself with Warwick Academy. the congratulations to the Warwick Academy on its 350th Anniversary celebrations; and she Senator M.M. Fahy associated himself associated herself with the obituary remarks for with the congratulatory remarks for Mr. Tyler the late Mr. Sean Pitcher, whom she noted was a Butterfield, Mr. Nahki Wells, Ms. Teresa Perozzi fine gentleman and would be greatly missed. and the Bermuda Gymnastics Association; and with the tributes for the late Hon. Alfred Oughton. Senator M.H. Dunkley associated himself Senator Fahy paid tribute to the late Mr. with the obituary remarks for the late Hon. Alfred Sean McRonald Pitcher of St. David’s, whom he Oughton, whom he noted was a strong man, a noted was a dear friend and fellow member of the devoted husband to his wife and a man who had One Bermuda Alliance, a true gentleman and contributed much to the community; and with the outstanding Bermudian. He also noted that Mr. obituary remarks for the late Mr. Sean Pitcher, Pitcher had varied interests and he enjoyed life to whom he noted always seemed to be a very the fullest; that he had been a Customs Officer for positive man. 20 years, was a Freemason, had been a member of three political parties over the years, was most Senator Dunkley paid tribute to the late recently a hotelier and that he had recently taken Mr. Stefan Wayne Burgess, whom he noted had up sky-diving. been working at Dunkley’s and was a young man who had turned his life around and was on a good Senator Mrs. J.E. Dillas-Wright associated road. His death was very painful for his family herself with the obituary remarks for the late Hon. and very difficult to accept. Alfred Oughton, and she remarked that he was a giant of a man, noting that she had worked closely Senator Dunkley also paid tribute to the with him on Health Care issues and the late Mr. Rodney Harrisford Hilton Tucker, whom development of the “Oughton Report”. he noted was a revered member of the community, a barber for many years and very active as the long-time outstanding Organist at the 11:27a.m. Marsden Church and at the Wesley Methodist Church; the late Mr. Marvin Earlston Grant, Senator Ms. A.J. Daniels associated herself whom he noted was a good man who had passed with the congratulatory remarks for Ms. Teresa too soon; the late Mr. David Morris Cleveland Perozzi, and the Bermuda Gymnastics Association Fox, whom he noted was a son of the soil and was and the Bermuda Team on their tremendous a very strong and dedicated family man; the late success in the overseas gymnastics competitions. Dr. Laidlaw Fraser Smith of Smith’s Parish, a well She particularly congratulated the Gymnastics known outstanding member of the community; Team on winning the Team Spirit Award at the the late Mr. Beutin Arthur Donald ‘Bill’ Bailey of Manhattan Classic Invitational in recognition of Devonshire, a long-time respected member of the their being the team displaying the most community; the late Mr. Charles Llewellyn excitement, support and sportsmanship. Armstrong of Devonshire; the late Mr. Rudolph Albert Sinclair of Devonshire, a well-known taxi

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operator; the late Mrs. Catherine Lorraine Senator the Hon. Ms. K.N. Wilson moved that, at its Tavares of Smith’s Parish; and the late Mrs. Anna rising, the Senate adjourn to Wednesday, 29th Lynette Titterton of Southampton. February, 2012 – which was agreed to.

Senator the Hon. Ms. K.N. Wilson, moved Senator Dunkley associated himself with that the Senate do now adjourn – which was the congratulatory remarks for Mr. Tyler agreed to. Butterfield, Mr. Nahki Wells, Ms. Teresa Perozzi, Building Blocks Academy and the Bermuda Gymnastics Association; and he congratulated the 11:50a.m. Senator D.V.S. Rabain. Youth Parliament of Bermuda on their 11:52a.m. Senator J.S. Jardine. outstanding Meet-and-Greet event held recently at Camden House, noting that he was very impressed with the entire group of young 11:55a.m. Bermudians. Adjourned until Wednesday, 29th Senator Dunkley congratulated young February, 2012. Bermudian Ms. Jessica Hollis on her outstanding academic and field hockey accomplishments at the University of Richmond in Virginia, noting that Jessica helped her team to win the Atlantic 10 Conference Championship in Women’s Field Hockey; and he also congratulated Bermuda PRESIDENT Open Airways, the Bermuda Heart Foundation, the Bermuda Diabetes Association, the Bermuda Cancer and Health Centre and the Department of Health on the outstanding success of the recent ‘Free Health Screening for Men Over 40 Years’ ORDERS OF THE DAY event held in Hamilton. Wednesday, 29th February, 2012

11:45a.m. (1) Second Reading: The Police and Criminal Evidence Amendment Act 2012. Senator the Hon. the President associated herself with the congratulatory and obituary (2) Second Reading: The Human Rights remarks of all Senators; and she particularly paid Amendment Act 2012. tribute to the Hon. A.T. Oughton, noting that for all of his business and public service (3) Second Reading: The Revenue Amendment Act accomplishments, she would most remember him 2012. for his love and devotion to his wife over the course of their near 60 Years of marriage. (4) Consideration of a draft Order entitled “The Senator the Hon. the President also Development and Planning (General congratulated and commended former Vice Development) Amendment Order 2012”. President Dr. Walwyn Hughes on his recent retirement from the Senate, noting his dedication (5) Consideration of Motion to be moved by and keen focus on the legislative process and the Senator M.H. Dunkley, notice of which was given vetting of all legislation processed through the on 7th December, 2011: “That the Senate take note Senate over his 15 Years of service. Senators of the ‘Report of the Parliamentary Joint Select remarked that his tremendous knowledge of Committee on the Causes of Violent Crime and procedure and the workings of government would Gun Violence in Bermuda’.”. be greatly missed.

11:49a.m.