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2020/2021 SESSION of the BERMUDA SENATE OFFICIAL HANSARD REPORT 24 MARCH 2021 Virtual Sitting Sitting10 of the 2020/2021 Session (pages 205–274) 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 24 March 2021 205 BERMUDA SENATE OFFICIAL HANSARD REPORT VIRTUAL SITTING 24 MARCH 2021 10:08 AM Sitting Number 10 of the 2020/21 Session [Sen. the Hon. Joan E. Dillas-Wright, President, pre- MESSAGE FROM HOUSE OF ASSEMBLY siding] APPROPRIATION ACT 2021 The President: Good morning, Senators, and the lis- tening audience. The Senate is in session. The Clerk: Yes, we do, Madam President. Shall we pray? The message is number 9, and the message reads: PRAYERS “To the Honourable the President and Mem- bers of the Senate: The House of Assembly has the [Prayers read by Sen. the Hon. Joan E. Dillas-Wright, honour to forward herewith the undernoted Bill for the President] concurrence of your House, the Appropriation Act 2021. Copies of the Estimates of Revenue and Ex- CONFIRMATION OF MINUTES penditure for 2021/22 are also forwarded for the in- [Minutes of 3 March 2021] formation of your House.” And that is signed by the Speaker, the Hon- The President: The second item on our agenda is the ourable Dennis P. Lister, [Jr.] JP, MP, and dated confirmation of minutes, Senator Michelle Simmons. March 22, 2021. Sen. Michelle Simmons: Good morning, Madam The President: Thank you, Mr. Somner. President. REPORTS OF COMMITTEES The President: Good morning. The President: There are none. Sen. Michelle Simmons: I move that the Minutes of the meeting of Wednesday, the 3rd of March 2021, be ANNOUNCEMENTS taken as read. GOVERNMENT OF BERMUDA’S RESPONSE The President: Is there any objection to that motion? TO COVID-19, AUDITOR GENERAL’S No objection. PUBLIC INTEREST REPORT Sen. Michelle Simmons: Madam President, I move rd The President: We have a few announcements. The that the Minutes of Wednesday, the 3 of March 2021, first one is [from] the Auditor General. be confirmed. Senators, I wish to announce that in accord- ance with the provision of section 13 of the Audit Act The President: Is there any objection to that motion? 1990, a Public Interest Report by the Auditor General No objection. The Minutes of Wednesday, the rd on the Government of Bermuda’s Response to 3 of March are confirmed. COVID-19 dated February 2021 has been produced Thank you, Senator Simmons. by the Auditor General and submitted to the Honoura- ble House of Assembly and that the said report is [Minutes of Wednesday, 3 March 2021, confirmed.] hereby tabled in the Senate for the information of Senators. MESSAGES Senators, you may access a copy of the re- port on the Parliament website. The President: We have a message of the Honoura- The next announcement is in the name of the ble House of Assembly. Junior Minister of Social Development and Seniors, Senator Simmons. You have the floor. 206 24 March 2021 Official Hansard Report HUMAN RIGHTS COMMISSION ANNUAL REPORT MARINE BOARD (PILOTAGE DUES) FOR YEAR ENDING 31ST DECEMBER 2019 AMENDMENT REGULATIONS 2021 Sen. Lindsay Simmons: Madam President, I hereby Sen. Curtis Richardson: And, the Marine Board (Pi- present for the information of Senate the Annual Re- lotage Dues) Amendment Regulations 2021 proposed port of the Human Rights Commission for the Year to be made by the Minister responsible for Marine and Ending 31st December 2019. Ports Services under the provision of section 103 of the Marine Board Act 1962. The President: Thank you, Lindsay Simmons, Junior And I give notice at the next day of meeting I Minister of Social Development. will move that the said Draft Regulations be approved. The third announcement is the Annual Report Thank you, Madam President. of the Information Commissioner. That is in the name of Senator Darrell, Junior Minister for the Cabinet Of- The President: Thank you, Senator Richardson, Jun- fice. You have the floor. ior Minister of Transport. The next motion is in the name of Senator INFORMATION COMMISSIONER’S OFFICE Darrell, Junior Minister for the Cabinet Office. 2020 ANNUAL REPORT: You have the floor. CHAMPIONING TRANSPARENCY BERMUDA IMMIGRATION AND PROTECTION Sen. Owen Darrell: Madam President, I hereby pre- (RENTAL AND USE) AMENDMENT sent for the information of the Senate the following REGULATIONS 2021 report: The Information Commissioner’s Office 2020 Annual Report entitled: Championing Transparency, Sen. Owen Darrell: Madam President, I hereby pre- submitted in accordance with the provisions of sec- sent for the consideration of the Senate draft Regula- tions 58(1) of the Public Access to Information Act tions entitled: Bermuda Immigration and Protection 2010. (Rental and Use) Amendment Regulations 2021 pro- posed to be made by the Minister responsible for land NOTICES OF MOTIONS licence under the provisions of section 102C(1)(c) of the Bermuda Immigration and Protection Act 1956. The President: We have a few here that are in the And I give notice that at the next day of meet- name of Senator Darrell [sic]. ing I will move that the said draft Regulations be ap- You have the floor, you can continue. proved. Sen. Curtis Richardson: Madam President, it is ac- The President: Thank you, Senator Darrell. tually in my name. Senator Richardson. The next one is in the name of Senator Arian- na Hodgson, the Junior Minister for Finance. You The President: Oh, I am sorry, Senator Richardson. have the floor. You have the floor. Sen. Adrianna Hodgson: Thank you, Madam Presi- MARINE AND PORTS AUTHORITY (PORT DUES) dent. AMENDMENT REGULATIONS 2021 Madam President, I hereby present for the consideration of Senate the draft Regulations entitled Government Fess Amendment (No. 2) Regulations Sen. Curtis Richardson: Thank you. 2021 proposed to be made by the Minister of Finance Madam President, I do hereby present for the under the provisions of section 2 of the Government consideration of Senate the following draft Regula- Fees Act 1965. tions: The Marine and Ports Authority (Port Dues) I give notice that at the next day of meeting I Amendment Regulations 2021 proposed to be made will move that the said draft Regulation be approved. by the Minister responsible for Marine and Ports Ser- vices under the provision of section 76 of the Marine Thank you, Senator Hodgson. Board Act 1962. The President: MARINE BOARD (SEABORNE SERVICES) PETITIONS REGULATIONS 2021 The President: There are none. Sen. Curtis Richardson: In addition, the Marine We have a couple of Statements. The first Board (Seaborne Services) Regulations 2021 pro- one is the Human Rights Commission Annual Report posed to be made by the Minister responsible for Ma- 2019. rine and Ports Services under the provision of section This is in the name of Senator Lindsay Sim- 97 of the Marine Board Act 1962. mons. You have the floor. Bermuda Senate Official Hansard Report 24 March 2021 207 STATEMENTS • Assisting with complaints of discrimination under the Human Rights Act 1981. HUMAN RIGHTS COMMISSION ANNUAL REPORT • Providing dispute resolution services through FOR THE YEAR ENDING 31ST DECEMBER 2019 mediation and conciliation to help settle com- plaints of discrimination. Sen. Lindsay Simmons: Madam President, I am • Policy review and guidance with all stake- pleased today to submit to the Senate the Annual Re- holders in support of human rights obligations. port of the Human Rights Commission for the year • Engaging in collaborative presentations, re- ending 31st December 2019. search and educational programming. Madam President, the Commission has a • Consultations to support the evolution of legis- statutory remit to protect and promote human rights lation, just practices and policies in support of under the Human Rights Act 1981. The Commission’s human rights compliance. mandate is to both educate and promote the princi- • Educational presentations, workshops and ples of non-discrimination and equality and to in- training tailored to meet stakeholder need in vestigate and endeavour to settle allegations of dis- support of their human rights education and crimination. compliance commitments. Madam President, the Humans Rights • Advice and consultation with Government on Commission is required to: proposed legislative amendments to ensure • Encourage an understanding of the funda- consistency with international standards. mental rights and freedoms of the individual • Administering of Human Rights Tribunals. guaranteed by the Constitution and the • Providing guidance to government, organisa- principle that all members of the community tions, businesses, and educational institutions are of equal dignity, have equal rights and on the development and implementation of a have an obligation to respect the dignity human rights-based approach to legislation, and rights of each other. policies, programmes and complaint-handling • Promote an understanding of, acceptance mechanisms to ensure compliance with the of, and compliance with the Human Rights Act and international human rights agree- ments. Act 1981. Madam President, included in the annual re- • Conduct research and develop initiatives port you will note that during the 2019 calendar year: designed to eliminate discriminatory prac- • The Commission received 128 complaints tices. with the majority of the complaints citing claims of dis- • Encourage and coordinate activities which criminatory difference in treatment on the grounds of seek to forward the principle that every disability (34 per cent); race (11 per cent); place of member of the community is of equal digni- origin (11 per cent); ethnic or national origins ty and has equal rights. (11 per cent). • Promote the conciliation and settlement of • Of those complaints, the majority cited any complaints or grievances arising out of claims of discrimination within the protected area of acts of unlawful discrimination and, where employment at 40 per cent.