2011/12 SESSION of the BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

May 2012 Sittings 22–24 of the 2011/12 Session (pages 1997–2216)

Hon. Stanley W. Lowe, OBE, 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 11 May 2012 1997

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT 11 MAY 2012 10:03 AM Sitting Number 22 of the 2011/12 Session

[Hon. Stanley Lowe, Speaker, in the Chair] The Speaker: I just wish to take the opportunity to welcome to the Chamber some of the distinguished PRAYERS guests from Qatar. I am not going to try to pronounce the names, but for the record I am going to call on [Prayers read by Hon. Stanley Lowe, Speaker] Madam Premier to pronounce those names so we get them into our records, our journal. CONFIRMATION OF MINUTES Madam Premier, would you do us the honour? As this is going into our Hansard, we want to be sure 27 APRIL 2012 we get it right. th Madam Premier? The Speaker: Confirmation of the Minutes of the 27 of April. Is there any objection to the confirmation of the Minutes that have been circulated to all Honour- Hon. Paula A. Cox: Thank you, Mr. Speaker. able Members? Mr. Speaker, I am just going to quickly check Agreed to. the e-mail I sent to you with their names, but clearly we are very happy to welcome His Excellency from [Gavel] Qatar and also his colleague. I think there is nothing worse than doing an in- [Motion carried: Minutes of 27 April 2012 confirmed.] justice to someone’s name. Let me just look at what I sent to you this morning with their names written. That MESSAGES FROM THE GOVERNOR is certainly, Mr. Al Moftah, I believe, but let me just check. Because I think there is nothing worse than to do an injustice to someone’s name. The Speaker: There are none. It is to advise you that the Honourable Moftha Jassim Al Moftah, and he is His Excellency (and he is ANNOUNCEMENTS BY THE SPEAKER to the immediate left of me), his colleague, Mr. Saeed OR MEMBER PRESIDING Al Hejazi, who is also from Qatar. They have certainly, as you know, had I think a productive time while they APOLOGIES have been here. We have signed both the Memoran- dum of Understanding and also the Double Taxation The Speaker: The following Members are absent Agreement. from the proceedings of the House, as they are at- They have had a tour of many of the proper- tending the Fifth Regional Conference of Common- ties in Bermuda. In fact, just this morning Mr. Gary wealth Women Parliamentarians, and the CPA Phillips from the National Gallery said that he knows [Commonwealth Parliamentary Association] 37th Re- the President’s wife is known as a tour de force in cul- gional Conference, in Kingston, Jamaica: The Hon- tural issues and he wants to find out how he can fos- ourable Member, Mrs. P. K. Minors; the Honourable ter a relationship between them and Bermuda. Member, Mrs. P. J. Gordon-Pamplin; the Honourable So, I think, Mr. Speaker, we have had the op- Member, Mrs. D. N. I. Butterfield; and the Honourable portunity in this interval to also introduce a number of Member, Mrs. Lovitta Foggo, Government Whip. I be- Members of the Opposition, in addition to those of lieve the Clerk is going to be journeying to the confer- Government who have met them. I am very glad that ence in a day or so. they are able to take time out before their final meet- Also, we have correspondence from the Hon- ing before they leave today to stop by and pay their ourable Member, Mr. H. Swan, from St. George’s respects to you in this Honourable House of Assem- West, apologising for not being present, as he is ill. bly. He is under the weather this morning. We certainly welcome them and acknowledge them, as well as the Treaty Unit representatives, As- HOUSE VISITORS sistant Financial Secretary, Mr. Wayne Brown and Mr. Dennis Simons, also of the Treaty Unit, and Research Officer. We thank them, and I am glad you gave me

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the opportunity to extend formal courtesies to them. Hon. Paula A. Cox: Thank you. Thank you, sir. I have the honour to attach and submit for the information of the Honourable House of Assembly the [Desk thumping] following reports: 1. Government Borrowing Sinking Fund Finan- The Speaker: Thank you, Madam Premier. cial Statements for the Years Ending 31 We know that it is being properly entered into March 2011; our Hansard. I did not want to take the chance of try- 2. Confiscated Assets Fund Financial State- ing to pronounce names that I am not familiar with. ments for the Year Ending 31 March 2007; Welcome to our Chamber. We hope that you 3. Government Reserves Fund Financial State- enjoy listening to our proceedings. ments for the Years Ending 31 March 2009, 2010 and 2011; MESSAGES FROM THE SENATE 4. Members of the Legislature Pension Fund Ac- tuarial Valuation Report as at 31 March 2010; The Speaker: There are none. and 5. Public Service Superannuation Fund Actuarial PAPERS AND OTHER Valuation Report as at 31 March 2010. COMMUNICATIONS TO THE HOUSE Thank you, Mr. Speaker.

I now recognise Madam Premier. The Speaker: The Speaker: Thank you, Madam Premier. Madam Premier, you have the floor. Are there any further communications to the House? Hon. Paula A. Cox: Thank you, Mr. Speaker. I recognise Minister Z. De Silva, from South- Mr. Speaker, you will understand why the ampton East Central. Clerk has put these red-letter notes after all these Minister? statements I reference. The Clerk’s comment is in our effort to preserve the environment: “Please inform 2010/11 ANNUAL HEALTH REPORT OF THE BER- Members that electronic copies will be circulated to MUDA HEALTH COUNCIL Members, notwithstanding that a few hard copies are available as well.” Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Now, Mr. Speaker, onto the substance: I have Mr. Speaker, I have the honour to attach and the honour to attach and submit for the information— submit for the information of the Honourable House of Assembly the 2010/11 Annual Health Report of the [Gavel] Bermuda Health Council. “In an effort to preserve the environment, please inform Members that electronic The Speaker: Madam Premier is . . . Carry on, copies will be circulated to Members, notwithstanding Madam Premier. that a few hard copies are available as well.” Thank you, Mr. Speaker. GOVERNMENT BORROWING SINKING FUND FI- NANCIAL STATEMENTS FOR YEARS ENDING 31 The Speaker: Thank you, Minister, the Honourable MARCH 2011 Member from Southampton East Central. Any further communications to the House? CONFISCATED ASSETS FUND FINANCIAL We will move on. STATEMENTS FOR YEAR ENDING 31 MARCH 2007 PETITIONS

GOVERNMENT RESERVES FUND FINANCIAL There are none. STATEMENTS FOR YEARS ENDING 31 MARCH The Speaker:

2009, 2010 AND 2011 STATEMENTS BY MINISTERS MEMBERS OF LEGISLATURE PENSION FUND ACTUARIAL VALUATION REPORT AS AT 31 The Speaker: I now recognise the Honourable Mem- MARCH 2010 ber, Dame Jennifer Smith, from St. George’s North, Minister of Education. PUBLIC SERVICE SUPERANNUATION FUND AC- Dame Jennifer, you have the floor. TUARIAL VALUATION REPORT AS AT 31 MARCH 2010 HOPKINS REPORT AND RESULTANT ACTIONS

Hon. Dame Jennifer Smith: Thank you, Mr. Speaker. House of Assembly Official Hansard Report 11 May 2012 1999

Mr. Speaker, it was just two weeks ago that I Amendment Act 2008 was debated and passed. With rose to talk about the oath we swear as Assembly- its passage, Government—this Government— men, and I urged Members Opposite not to lose sight repealed the post of Chief Education Officer, created of why we are here. Unfortunately, I need to rise again the post of Commissioner of Education and set out the today to repeat the oath. functions of the commissioner. In addition, the role of Mr. Speaker, the reason for my speaking to- the Board of Education was expanded, and the num- day can be found under the heading “It’s been slow ber of persons on the Board increased to make it rep- work on the people’s business” in the 4th of May edi- resentative of the various groups who have a stake in tion of the Bermuda Sun newspaper. The Honourable education. The amendments also provided for ac- Member, the Leader of the Opposition, is reported as countability in the education system and for curriculum saying in reference to the Hopkins Report (and I and performance standards that are benchmarked quote): “That was five years ago and yet only at the against international standards. In addition, the start of 2012 was the Government bringing Professor amendment extended the school age from 16 years to Hopkins’ recommendations before the House. 18 years. “The failure to move with urgency on educa- Mr. Speaker, it was clause 8 of the 2008 tion is not a one-off”. Amendment that inserted provisions in the 1996 Act Now, I will grant you, Mr. Speaker, the Mem- for: bers should be able to talk about the Government, · school-based accountability; politicise issues and generally take advantage of any · performance recognition; missteps of their opponents. What they cannot do, Mr. · identification of low-performing schools Speaker, is ignore the facts in order to score cheap and the measures to be taken to improve political points. their performance; · identification of students at risk and the [Inaudible interjections] measures to address this; · development of academic standards; [Desk thumping] · development of curriculum standards; and

· testing of students. Hon. Dame Jennifer Smith: Mr. Speaker, that Hon- ourable Member was speaking about the debate on Mr. Speaker, when we know the facts, we the Joint Select Committee Report on Education Re- should bear in mind the oath we have all sworn. That form which took place in February. If that Honourable oath is, “I, being a Member of this present Assembly, Member had listened when Party Whip MP Lovitta do swear by Almighty God to use and employ my best Foggo spoke to her motion, he would have heard that endeavour therein for the general good, without any Member talk about the progress that had been made respect to private interest, gain or advantage, striving in the five years since the report. to discharge a good conscience in all equity and integ- His colleague, the Shadow Minister of Educa- rity during my continuance therein.” tion, the Honourable Member, Grant Gibbons, who th I repeat—“to use and employ my best en- was elected to this House in a bi-election on the 14 deavour therein for the general good, without any re- of July in 1994, was a Member of Government when spect to private interest, gain or advantage. . . .” the 1996 Education Act creating middle schools and Thank you, Mr. Speaker. senior schools was enacted. [Dr. Gibbons] certainly could have told him about the amendments made to [Desk thumping] the very same Act, which were debated and passed in this House on the 8th of August 2008—a mere one The Speaker: Thank you, Dame Jennifer, the Hon- year after the report was submitted in 2007. ourable Member from St. George’s North, Minister of Mr. Speaker, last week I said that we have a Education. responsibility to lead and to inform. This week, I want Any further Statements? to add that we also have a responsibility to inform I now recognise the Honourable Member, ourselves. Mr. Speaker, we’ve all heard the saying, Minister W. L. Furbert. that ignorance of the law is no excuse. Legislation Minister Furbert, you have the floor. was passed in this House before that Honourable Member was elected, and he has a responsibility to know about it. Mr. Speaker, I was not alive during NATIONAL TOURISM PLAN UPDATE slavery—but I know what happened. I know that my ancestors were sold at auction, transported on slave Hon. Wayne L. Furbert: Thank you, Mr. Speaker. ships and hunted down if they tried to escape. Mr. Speaker, in January, when I announced Mr. Speaker, it was during the Honourable that Tourism and Leisure (or T&L), was selected Deputy Speaker’s (Member K. Randolph Horton) ten- through a Request For Proposal process to develop ure as Minister of Education that the Education the National Tourism Plan, I also advised that in full House of Assembly 2000 11 May 2012 Official Hansard Report

transparency I would keep the people of Bermuda · opportunity to build its own unique brand updated on the progress of the plan. identity and positioning; T&L has conducted a comprehensive diag- · distinctive tourism hubs easily adaptable nostic study including stakeholder consultation. Last to create diverse and attractive destina- weekend we held a retreat with the Tourism Board tions; members, the Department of Tourism team and our · business reputation, developing products agency partners. The purpose was to ensure that all for business tourists; efforts towards our sales, promotion and marketing · high repetitive rate of 60 per cent; are aligned with the plan. All parties left the weekend · successful collaborations (private, public retreat upbeat, excited and ready to work together to and civil society), structured tourism cul- improve on our tourism product. I, too, am excited ture and marine environment tourism and, having seen the full presentation of the draft products; plan, I am sure that T&L will develop a plan that will · close proximity to major key source mar- lead us in the right direction. kets; Mr. Speaker, Phase I and Phase II of the plan · sophisticated and more demanding cus- have been completed. T&L conducted interviews with tomers, informed; and more than 80 stakeholders across the Tourism Value · passionate people and will. Chain and also conducted two multi-stakeholder

workshops Saturday with over 60 stakeholders. The Mr. Speaker, the draft plan addresses all of strategy and preliminary action plans have been vali- these factors in detail. However, time does not allow dated by the Tourism Board. The next step of the plan me to drill down into each area today. The tourism will be the Action Plan phase. strategy for the plan, which has been validated by the Mr. Speaker, T&L preliminary findings from Tourism Board, has the following overall objectives: the diagnostic study indicated that Bermuda faces · Reduce seasonality, particularly in the challenges in the development of tourism. You may be shoulder months. thinking that this is not new; and, yes, you are right. · But they had to go through that process to identify key Recuperate air arrivals in the short term to areas to be addressed and determine a strategy to 2007 levels, and in the long term to 1980 remedy the same. Some of the areas identified are: peak levels, or 482,000 arrivals. Maintain cruise arrivals until air arrivals have been · lack of clear positioning and brand iden- recovered, and then cap according to ca- tity; pacity constraints. · high competition from USA and Carib- Mr. Speaker, it is our goal that tourism expen- bean markets; diture with the master plan is expected to reach from · limited demand drivers, limited activities $676 million by 2015 and $1.4 billion by 2022. Tax and tourism experience offered; income contribution is one of our plans, with the mas- · high seasonality and low occupancy ter plan expected to reach $58 million by 2015 and rates; $97 million by 2022. The direct contribution to GDP · lack of focus on market strategy and air has the potential to grow from 5.2 [per cent] to 6.4 [per versus cruise imbalance; cent] by 2022. · limited quality of products and service Mr. Speaker, it is Government’s goal and our compared to international standards; plan through this process to: · need for continuity in strategic decision · create jobs and increase from 3,600 making; (which is 2011 level) to 6,157 by 2022; · low investment appeal, high investment · attract and secure investment with a cost, high operational costs and barriers structured approach to seeking out inves- to entry; tors. · limited air lift and land/water transporta- tion difficulties. The T&L has also identified the key strategies and action required for implementation of the plan: T&L also identified opportunities for Bermuda: New positioning—to build unique and competitive po- · historical legacy as a world-renowned sitioning: tourism destination and high-end destina- · Leverage Bermuda’s unique and interna- tion; tionally competitive assets to build com- · strong and growing cruise market arrivals; petitive advantage and highlight its au- yachters and boat market with high poten- thenticity. tial; · Leverage Bermuda’s physical and emo- · unique cultural and natural resources with tional attributes to create a place with international appeal; uniquely Bermuda experiences—

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emotional elements create the soul of the and therefore they must act with appropriate care and place. caution to mitigate accidents. · Differentiate Bermuda from its competi- Mr. Speaker, a school zone is a designated tion; build competitive advantages area that includes special advisory street signs, road through leveraging Bermuda’s unique and markings, anti-skid, high friction road surfacing and internationally competitive assets. Belisha beacons (known as flashing lights) where there is a pedestrian crossing. A couple of schools Mr. Speaker, the overall aspiration vision for also feature electronic speed signs that indicate ve- Bermuda is as follows: hicular speed. · an innovative, modern and sophisticated Mr. Speaker, to date, 10 school zones have year-round destination; been completed, including those at Francis Patton · the treasure of the Atlantic; Primary School, the Whitney Institute Middle School, · enchanting natural beauty and cultural the Heron Bay Primary and the Bermuda College. It is heritage, which leverages its unique re- our intention to address an additional 10 schools with sources, create authentic Bermudian ex- the aforementioned safety measures over the next periences; two years. · a secret place where you have the time to Mr. Speaker, the Ministry will continue to look discover and build unforgettable memo- at other means of slowing traffic down in these areas. ries; and Currently, the technical officers are investigating the · where you feel at home in a world away, installation of raised pedestrian crossings, which have closer than you imagined. proven to be an effective means of controlling traffic speeds and increasing the number of electronic speed There is still a lot of work to [be done], Mr. signs. This will not only help to reduce the speed of Speaker, but I am pleased to report that the Plan is vehicles around schools, but will also help to increase still on time to be delivered to me at the end of this the visibility of pedestrians using crossings. month, May 31. Mr. Speaker, may I emphasise that it is the Thank you, Mr. Speaker, for your time. public’s responsibility to take the necessary precau- tions around our schools. That said, the Ministry of The Speaker: Thank you, Mr. Furbert, Minister Fur- Public Works will continue to make every effort to rein- bert, from Hamilton West. force the safe road use habits of all of our motorists. I now recognise the Honourable Member, After all, it is our future generation that is at stake. Minister Weeks, from Pembroke East Central. Thank you, Mr. Speaker. Minister Weeks has the floor. Minister? The Speaker: Thank you, Minister Weeks.

SCHOOL ZONES PROGRAMME Hon. Michael Weeks: I would like your indulgence.

Hon. Michael Weeks: Thank you, Mr. Speaker, and The Speaker: Minister Weeks has a further State- good morning to you and good morning to my col- ment. leagues. Carry on, Minister. Mr. Speaker, I rise this morning to provide Members of this Honourable House and the people of WEDCO HOUSING PROJECT Bermuda with an update on our School Zones pro- gramme, which is led by the Highways section of the Hon. Michael Weeks: Thank you, Mr. Speaker. Ministry of Public Works. Mr. Speaker, the safety and Mr. Speaker, I would like to provide the Mem- welfare of all of Bermuda’s road users, especially our bers of this Honourable House and the people of children, is a top priority for this Government and par- Bermuda with an update on a project which is being ticularly the Ministry of Public Works. While we cannot delivered by the West End Development Corporation control irresponsible action and misuse of our roads (or WEDCO) during the next few months. This project by motorists, we can certainly raise awareness and will see the expansion of infrastructure from Ireland help control traffic speeds by developing practical so- Island North to Boaz Island and the creation of a new lutions for Bermuda’s roads. residential community primarily for WEDCO tenants Mr. Speaker, it is the aim of the Ministry of on the existing Victoria Row site. Public Works to increase the level of safety around Mr. Speaker, the infrastructure expansion will every pedestrian crossing, and, as a priority, to do this afford both sewage collection and supply of reclaimed in the vicinity of all of our schools. The goal of the water from locations between Ireland Island North and School Zones programme is to make it obvious to Boaz Island. Completion of this project will mark an- Bermuda’s road users that these are high-risk areas other significant enhancement for the West End of the Island and is an example of prudent sustainable de- House of Assembly 2002 11 May 2012 Official Hansard Report

velopment. Additionally, the project provides a solu- to everyone involved in making this project become a tion to the long outstanding housing challenges within reality. WEDCO has already planned and notified all the West End, without displacing existing tenants. residential tenants of an up-and-coming residents Mr. Speaker, I would now like to provide some meeting in which all aspects of the project will again facts about the project so that my honourable col- be delivered. leagues and those listening by way of radio can be Thank you, Mr. Speaker. informed. Mr. Speaker, the overall cost of the total pro- The Speaker: Thank you, Minister Weeks, the Hon- ject is $36 million and will be delivered and paid for by ourable Member from Pembroke East Central. the West End Development Corporation. The Gov- Any further Ministerial Statements? ernment is, however, providing a shortfall guarantee We will move on. for this project. It is not anticipated that there will be a need for the Government to activate the shortfall, as REPORTS OF COMMITTEES the projected rental revenue and sale proceeds from existing owned Boaz Island Village condominiums will The Speaker: There are none. cover the cost and financing for this project. However, in the unlikely event that there is a shortfall, WEDCO QUESTION PERIOD has already put in place the provision of a Board reso- lution that funds provided through a shortfall will be The Speaker: That brings us to Question Period. paid back to the Government. Honourable Members have indicated that they wish to The construction of this project will create a put questions. I am looking for somebody to . . . welcome boost to the construction industry. Through- I will take the Honourable Member, Mr. S. out the 18-month delivery period it is anticipated that Crockwell. The Honourable Member, Mr. S. Crockwell, in excess of 100 jobs will be required within various from Pembroke West, wishes to put questions to Min- capacities to complete the project. The construction ister Furbert. method for this project is a pre-engineered concrete Mr. Crockwell, what is your question? and foam-filled panel system for both walls and roof. These panels will be delivered to Dockyard, and they QUESTION NO. 1 ON NATIONAL TOURISM PLAN will be erected and completed with all local labour. UPDATE This method of construction provides significant strength and energy efficiency while being extremely Mr. Shawn G. Crockwell: Yes. Good morning, Mr. cost-effective. The aesthetics of the units will be con- Speaker. sistent with many existing two-story dwellings Question to the Minister, on page 1 of his throughout Bermuda, and the interior will be com- Statement where T&L identified key areas to address. pleted with kitchen appliances. One was lack of clear positioning and brand identity. Mr. Speaker, the project will be delivered in Can the Minister advise the House when the new two phases. Phase 1 will see construction of 45 units brand be ready for announcement? on the property adjacent to the existing Victoria Row. Upon the completion of phase 1, the current sitting The Speaker: Minister Furbert is going to respond. tenants from both Albert and Victoria Row will have the opportunity to move into the completed units. Hon. Wayne L. Furbert: Next month. Phase 2 will see the demolishing of both Victoria and Albert Row and then completion of the remaining The Speaker: There is a further question? units. The development consists of a mix of one, two and three bedrooms. Rents for these units will range Mr. Shawn G. Crockwell: Yes, a further question. between $1,600 and $2,100 per month. These homes are being developed to provide The Speaker: Is that a supplementary? the 60-plus existing WEDCO tenants, and those still on the Bermuda Housing Corporation (BHC) rental Mr. Shawn G. Crockwell: It is a second question, Mr. waiting list, the opportunity to live in a new, safe, Speaker. modern unit. Mr. Speaker, the infrastructure expan- sion portion of the project affords the housing devel- The Speaker: Second question. opment and others to be linked into existing potable water supply, sewage collection and treatment, as QUESTION NO. 2 ON NATIONAL TOURISM PLAN well as the supply of treated water which can be used UPDATE for flushing and irrigation, thus significantly reducing overall potable water consumption. Mr. Shawn G. Crockwell: The Statement was based Mr. Speaker, in conclusion, I would like to say on; I believe the Minister said a draft plan. Can the thank you to the area residents for their patience and House of Assembly Official Hansard Report 11 May 2012 2003

Minister advise when the actual National Tourism Plan The Speaker: No. I would like to hear a question, will be ready for dissemination? though.

The Speaker: Minister Furbert? Mr. Charles F. B. Swan: No. I just wanted to put that out, sir. I do have other questions for the Minister on Hon. Wayne L. Furbert: It was in the Statement, but his other Statement, though. it said that I plan to get the report at the end of this month here. Yes. The Speaker: Thank you, Mr. Swan. I now recognise the Honourable Member, Dr. The Speaker: Thank you, Mr. Crockwell. Gibbons, from Paget East. Dr. Gibbons wishes to put I now recognise the Honourable Member, Mr. a question to Minister Furbert. C. Swan, from Southampton West Central. Dr. Gibbons, what is your question? Mr. Swan, you have the floor. You wish to put a question to Minister Weeks, I believe? QUESTION NO. 3 ON NATIONAL TOURISM PLAN UPDATE QUESTION ON SCHOOL ZONES PROGRAMME Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Mr. Charles F. B. Swan: Yes, I did, Mr. Speaker, and Speaker. thank you. Mr. Speaker, in his Statement this morning, My question to the Honourable Member, Mr. the Minister identified from this report a number of Weeks, is to do with the first Statement to do with the areas that are weaknesses in Bermuda’s tourism School Zones Programme. I am on page 3 where he thing. Included in this is, number one, “lack of clear mentions . . . Well, I am referring to two pages. But positioning and brand identity . . . lack of focus on there are 10 additional schools with safety measures market strategy and air versus cruise imbalance . . . over the next two years, and schools, obviously, are need for continuity in strategic decision making; low the priority at this point in time. investment appeal . . . and barriers to entry . . .” I would like the Minister to answer, if he could, Do the Government and the Minister agree please, the question, What is next on the priority list? with and accept these findings?

The Speaker: Thank you, Mr. Swan. The Speaker: Minister Furbert is going to respond, Minister Weeks is going to reply. What is next Minister Furbert, from Hamilton West. on the priority list? Hon. Wayne L. Furbert: Yes. Hon. Michael Weeks: Mr. Speaker, for clarity, what you mean . . . as far as school zones? The Speaker: Well, that was quick. Dr. Gibbons, a further question? Mr. Charles F. B. Swan: Well, no. School zones were the first priority. And if there is a priority list, what sort Dr. the Hon. E. Grant Gibbons: Yes, sir. of zones would be next? Or what would be next? The Speaker: Main question? Hon. Michael Weeks: Well, if I may, school zones, obviously, will be our first priority because that is Dr. the Hon. E. Grant Gibbons: The second question where our children are. But once that is completed, is— we will expand to other crossings throughout the Is- land and see where the need arises and then prioritise The Speaker: Second question. on that basis. QUESTION NO. 4 ON NATIONAL TOURISM PLAN The Speaker: Thank you, Minister Weeks. UPDATE There is a further question? Is that another question? Dr. the Hon. E. Grant Gibbons: Based on the Gov- ernment’s agreement, essentially, would the Minister Mr. Charles F. B. Swan: Yes. I would just say that I agree then that the poor tourism results over the last have long called for crosswalks at certain areas, es- few years have at least partly been due to Govern- pecially in my constituency in one particular area. But ment’s failure to address these important issues? I would like to just ask the Minister if we can keep abreast, and I would like to suggest certain built-up The Speaker: Minister Furbert is going to respond. areas— I know the answer.

Hon. Wayne L. Furbert: No. House of Assembly 2004 11 May 2012 Official Hansard Report

CONGRATULATORY AND/OR The Speaker: Thank you, Minister Furbert. OBITUARY SPEECHES Are there any further?

Mr. Swan, you have a further question? The Speaker: I recognise Minister Blakeney. Minister Blakeney, from Devonshire North Mr. Charles F. B. Swan: Yes. I did have questions for Central, you have the floor. the Honourable Member, Mr. Weeks.

Hon. Glenn A. Blakeney: Good morning, and thank The Speaker: Minister Weeks, yes? you, Mr. Speaker. Mr. Speaker, I rise to offer congratulations to Mr. Charles F. B. Swan: Yes. Flora Duffy, a past female Athlete of the Year, who last weekend won the elite women’s title at the Hua- The Speaker: What is the question? tulco ITU Triathlon World Cup. (I hope I pronounced that right.) It was held in Mexico. She is now qualified Mr. Charles F. B. Swan: On the WEDCO housing to compete in the London 2012 Olympic Games. Duffy project. completed the 1.5[k] swim, the 40k bike ride and the 10k run in an overall time of 2 hours, 13 minutes and The Speaker: Yes? 17 seconds. She finished 30 seconds ahead of her nearest rival. QUESTION NO. 1 ON WEDCO HOUSING PROJECT Mr. Speaker, I also wish to congratulate Tyler Butterfield, who placed fourth in the Elite Men’s field in Mr. Charles F. B. Swan: Some time ago, Mr. the same country of Mexico, enhancing his chances Speaker, it was announced that there were 100 new for qualifying for the Olympics as well. Butterfield homes in Dockyard, and I just wanted clarification. Is completed the course in a total 2 hours, 3 minutes and this what we are talking about at this point? 4 seconds. Mr. Speaker, I am also very pleased to offer The Speaker: Minister? congratulations to sailors, Jesse and Zander Kirkland, Minister Weeks is going to respond. who qualified for the London 2012 Olympics earlier this week after a strong performance during the Hon. Michael Weeks: Mr. Speaker, the answer is SEIKO 49er World Championship in Zadar, Croatia. yes. The Kirklands finished second in the first race, third in race two and seventh in the third and final race, to The Speaker: Thank you, Minister. finish eighth place overall in the 74-strong 49er fleet. They were the first of 13 teams to secure the remain- Mr. Charles F. B. Swan: Just a follow-up question, ing five Olympic slots up for grabs in Croatia. sir. Mr. Speaker, congratulations also are due to Taylor-Ashley Bean, who, fresh off her CARIFTA The Speaker: Is there a follow-up question? Games performance—where she won silver and bronze medals—set a new junior women’s national QUESTION NO. 2 ON WEDCO HOUSING PROJECT 800 metres record at the Duke Twilight meet in North Carolina last weekend, in a time of 2 minutes and Mr. Charles F. B. Swan: Yes. 12.72 seconds, eclipsing the former record of 2 min- Is it envisaged that construction will start. . . utes and 13.51 seconds that was set by her older sis- Or can he advise us, when is it envisaged that con- ter, Alexi Bean, in 2008. Taylor-Ashley Bean now struction will start? What does “shortly” mean? One holds all three [national] junior middle distance re- month, two months, that type of thing? cords that include 800, 1,500 and 3,000 metres, re- spectively. Well done to her! She is from White Hill, so The Speaker: Minister Weeks is going to respond. I associate Minister Bean with these remarks. Finally, Mr. Speaker, I take pride in congratu- Hon. Michael Weeks: I did say “shortly,” Mr. Speaker. lating the six-person WindReach Bermuda boccia How it looks right now, it might be in July, or August, team, who competed in the Defi Sportif Tournament in at the most, they should be breaking ground. Montreal, Canada, just over a week ago and came away with three victories thanks to Livingston Tuzo, The Speaker: Thank you, Minister. Thank you, Minis- Steve Wilson and Jamal Bean. The other three com- ter Weeks. petitors were Yushae Simmons, Jamie Brangman and Any further questions? Roger Chasty. The team was accompanied by Win- No further questions. We will move on. dReach’s Adaptive Sports Coordinator, Troy Farns- worth, as well as their caregivers.

House of Assembly Official Hansard Report 11 May 2012 2005

Mr. Speaker, the 13-sport competition in- some years ago. Apparently, this tournament was volved 4,000 parathletes and represented an incredi- very, very successful. Rugby is a game that builds ble experience for the Bermuda contingent. Sincere character in our young men and women, because girls thanks are due to Butterfield and Vallis, the National are playing the game as well. I would like to associate Office for Seniors and the Physically Challenges, and the Honourable Member, Minister for Youth, Families the Bermuda Paralympic Association, for helping to and Sports, with those congratulations as well. support fund-raising efforts. My last set goes to the newly elected Mayors Just real quickly, Mr. Speaker, congratulations of St. George’s, the Worshipful Kenneth Bascome, are also due to Deborah Bradford, founder of the and of Hamilton, the Worshipful Graeme Outerbridge. Leadership Academy of Bermuda. We had the pleas- Thank you, Mr. Speaker. ure of attending their graduation. She is leading up leadership in education for growth and social change The Speaker: Thank you, Mr. Swan. one woman at a time. Women should never feel I am going to take the Honourable Member, trapped by their circumstances or feel that there are Dame Jennifer. barriers preventing them from realising their dreams, The Honourable Member, Dame Jennifer Mr. Speaker. So she has undertaken this wonderful Smith, from St. George’s North, Minister of Education, initiative, and they had their inaugural graduation this has the floor. past weekend. I would like congratulations go out to Ms. Deborah Bradford, the founder of the Leadership Hon. Dame Jennifer Smith: Thank you, Mr. Speaker. Academy Bermuda. Mr. Speaker, I rise to also associate myself Thank you, Mr. Speaker. with the congratulations given by the Minister of Sport and with the congratulations given to the mayors on The Speaker: Thank you, Minister Blakeney. their election. I am going to take the Honourable Member, I wish to add to my list of congratulations the Mr. C. Swan, from Southampton West Central, who historic-making Renee Ming and Quinell Francis, caught my eye first. those two women Aldermen. They are joined by Mr. Mr. Swan? Garth Rothwell, who has returned as Alderman, as well as the two new Common Councillors, Mr. Mr. Charles F. B. Swan: Yes, thank you, Mr. Speaker. Yesterday was a very historic day in both Speaker. Hamilton and St. George’s, and we want to recognise I had down all of the names that the Honour- those people who have been successful. able Member just congratulated—Bermudians attain- I also ask that the House join with me in send- ing Olympic entry qualifications, the Kirkland brothers ing congratulations to our colleagues across the sea and all of the ones the Minister made mention, includ- in the Bahamas, our sister party of the PLP, Mr. ing congratulations to Taylor-Ashley Bean. I wanted to Speaker, on their return to Government under Prime add to that the equestrians, Patrick Nisbett and also Minister Perry Christie and his Cabinet of the: Jillian Terceira, who generally compete overseas and · Honourable Bernard Nottage, the Minister we do not always hear— of National Security; · Honourable Obediah Wilchcombe, the [Inaudible interjection] Minister of Tourism; · Honourable Ryan Pinder, the Minister of Mr. Charles F. B. Swan: Sorry? Oh, okay. I would like Financial Services; to associate Member Simons with those congratula- · Honourable Jerome Fitzgerald, the Minis- tions. ter of Education, Science and Technol- I also encourage those who will be— ogy; · Senator the Honourable Allyson Maynard [Inaudible interjection] Gibson, the Attorney General and Minister of Legal Affairs; as well as the Mr. Charles F. B. Swan: Yes. Somebody has to con- · Honourable Damian Gomez, the Minister trol the horse, Mr. Speaker. of State in the Ministry of Legal Affairs; I believe we have two swimmers and two · Honourable Michael Halkitis, the Minister track and field athletes who are yet to be chosen— of State in the Ministry of Finance; and one swimmer. I would like to offer them encourage- · Senator the Honourable Keith Bell, the ment. Not congrats at this point, but I am sure we will Minister of State in the Ministry of Na- do soon. tional Security. Mr. Speaker, I would also like to congratulate the organisers of the Aspen/Validus Bermuda Schools [Desk thumping] Rugby Championships. Rugby is a game that is near and dear to my heart, having played it for a long time House of Assembly 2006 11 May 2012 Official Hansard Report

Hon. Dame Jennifer Smith: Mr. Speaker, many of us Mr. Speaker, I would like this House to send a are familiar with the names of those in Cabinet, as we letter of congratulations to Mrs. Deborah Trott, who is also know them. my personal assistant. Mrs. Trott has just completed Mr. Speaker, I would also ask that congratula- the American Management Association’s Certificate tions be sent to CedarBridge Academy on the occa- for the Administrative Professional with a final grade, sion of their third annual 100 Women on Campus Day. Mr. Speaker, of 96 per cent. Mr. Speaker, she is a I had the privilege of hearing their speakers around great example of the professional and personal com- the roundtable who were questioned by a student. mitment to the improvement of the Civil Service that The students actually were in charge of much of the we have all come to expect. day, and they conducted themselves in a most pro- Thank you, Mr. Speaker. fessional manner. I wanted to send special congratu- lations to them for their programme. The Speaker: Thank you, Minister Weeks, the Hon- Finally, Mr. Speaker, I wish to congratulate my ourable Member from Pembroke East Central. colleague, the Honourable Michael Scott, who this I now recognise the Honourable Member, Dr. week launched CISCO Academy in Bermuda. I con- Gibbons, from Paget East. gratulate him on that initiative. Thank you. Dr. Gibbons, you have the floor.

The Speaker: Thank you, Dame Jennifer, the Hon- Dr. the Hon. E. Grant Gibbons: Thank you, Mr. ourable Member from St. George’s North. Speaker. Just before I call on the next speaker, I wish Mr. Speaker, I rise this morning to ask that to welcome back to the Chamber the Honourable congratulations be sent to David White on what is a Member, Mr. H. K. Horton, Deputy Speaker. particularly generous contribution to the National Gal- lery. He has donated some 51 paintings, most of [Desk thumping] which have to do with Bermuda. They span a 170- year history. It is quite an extraordinary gift, actually, The Speaker: Welcome back, Mr. Horton. to the National Gallery and the people of Bermuda and certainly should be recognised. There are paint- Hon. K. H. Randolph Horton: Thank you, sir. ings included by people like Ogden Pleissner, William Chadwick and other very well-known American artists The Speaker: I now recognise the Honourable Mem- who spent their years here. ber, Mr. Cannonier, Leader of the Opposition. Honourable Members Jackson and also Cole Mr. Cannonier has the floor. Simons would like to be associated with that. Mr. Speaker, while I am on my feet, I would Mr. L. Craig Cannonier: Thank you, Mr. Speaker. also ask that congratulations be sent to Winifred I would echo the sentiments of the Honour- Fostine-DeSilva. There was a very nice profile of the able Dame Jennifer Smith and the Honourable former Collector of Customs in the paper. Charles Swan on their accolades to the appointments of Aldermen and Councillors from the voting last night The Speaker: I think it was done. in our elections. I would also like to single out to say congratulations to the re-election of the Mayor Ken- Dr. the Hon. E. Grant Gibbons: Was it done? Okay. neth Bascome and the newly elected Mayor of Hamil- ton, Graeme Outerbridge. Congratulations to them; The Speaker: It was done. Do you wish to be associ- job well done! Thank you, Mr. Speaker. ated with that?

The Speaker: Thank you, Mr. Cannonier, Leader of Dr. the Hon. E. Grant Gibbons: I think so, Mr. the Opposition. Speaker. I thought it might have been a while ago. But I am going to take Minister Weeks, who is it was a very nice profile, and I had the pleasure of trying to catch my eye. Minister Weeks, from Pem- working with Ms. DeSilva when she first came into broke East Central, has the floor. that position.

Hon. Michael Weeks: Thank you, Mr. Speaker, for The Speaker: Madam Premier did it. You cannot allowing me to catch your eye. have all of that. Mr. Speaker, I would like to be associated with the remarks by the Honourable Dame on the Dr. the Hon. E. Grant Gibbons: I understand, Mr. elections that were held last night for Aldermen and Speaker. the mayors. I would also like to be associated with the Minister of Youth, Families and Sports for his con- The Speaker: Yes. Thank you. gratulatory remarks.

House of Assembly Official Hansard Report 11 May 2012 2007

Dr. the Hon. E. Grant Gibbons: I would also like to the Honourable Member, Dr. Gibbons, it is good to be associated with the congratulations to the two, in see him stand up and congratulate, Mr. Speaker, one case, re-elected Mayor, Mr. Bascome in St. knowing that he does not have the 15 or 20 votes he George’s, and to Mr. Outerbridge, who has been cer- used to have and he gives support. So I certainly ap- tainly active on the Corporation for some time now—to preciate that. both of them and their respective Aldermen and Common Councillors who were elected with them. The Speaker: Thank you, Minister De Silva. While I am on my feet— Any further speakers? We will move on. [Inaudible interjection] MATTERS OF PRIVILEGE Dr. the Hon. E. Grant Gibbons: Sorry? The Speaker: There are none. The Speaker: The Speaker did not say anything. PERSONAL EXPLANATIONS Oh, I am sorry, Mr. Dr. the Hon. E. Grant Gibbons: Speaker. I thought you said something. The Speaker: There are none.

The Speaker: Carry on, Dr. Gibbons. NOTICE OF MOTIONS FOR THE

[Laughter] ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT Dr. the Hon. E. Grant Gibbons: I should recognise PUBLIC IMPORTANCE Mr. De Silva’s chirpy voice by now. The Speaker: There are none. [Laughter and inaudible interjections] INTRODUCTION OF BILLS Dr. the Hon. E. Grant Gibbons: While I am on my

feet, I would also like to ask that condolences— The Speaker: I recognise Madam Premier.

Madam Premier has the floor. [Gavel]

FIRST READING Dr. the Hon. E. Grant Gibbons: —be sent to the fam- ily of Judith Stewart. Many will know her as the co- founder of Project Action, a lovely lady who spent a lot MARINE BOARD AMENDMENT ACT 2012 of her time on charitable and other works. Mrs. Jack- son, the Honourable Member, would like to be associ- Hon. Paula A. Cox: Thank you, Mr. Speaker. ated with that as well. Certainly, to her husband, Mr. In the name of the Honourable Minister of Robert Stewart, as well, who many Honourable Mem- Transport, the Honourable Derrick Burgess, I am in- bers will know. troducing the following Bill for its First Reading, the Thank you, Mr. Speaker. Marine Board Amendment Act 2012. Thank you.

The Speaker: Thank you, Dr. Gibbons, the Honour- The Speaker: Thank you, Madam Premier. able Member from Paget East. Under Standing Order 28, no leave of the I now recognise the Honourable Member, House is required. Minister Z. De Silva, from Southampton East Central. Minister? NOTICES OF MOTIONS

Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. The Speaker: Minister, do you wish to put a motion Mr. Speaker, I would also like to weigh in with down? my congratulations to team Hamilton and, of course, both mayors, and in particular, Mr. Graeme Outer- [Inaudible interjection] bridge. Mr. Speaker, you might remember that I was The Speaker: We are not quite there yet. We are the Minister that led the reform that we passed here in coming. this Honourable House in 2010. So it gives me great satisfaction to see and know that the people of Hamil- ORDERS OF THE DAY ton have finally, finally had their say and have taken part in history in our Island, Mr. Speaker. Of course, House of Assembly 2008 11 May 2012 Official Hansard Report

The Speaker: Order No. 1, the Second Reading of committed. With the enactment of the Bill currently the Insurance Amendment Act 2012. I believe that it before the House, police officers will have the power was intentioned for that to be carried over? Madam to seize any property, save for real property, imported Premier has signified that it is being carried over. or exported from Bermuda or found during the execu- That brings us to Order No. 2, the Second tion of their duties. Reading of the Proceeds of Crime Amendment Act Mr. Speaker, as is the case with the seizure of 2012, in the name of the Minister of National Security. cash, in each and every case where the seizure of I now recognise the Honourable Member, property is contemplated, the officer must have rea- Minister W. Perinchief, from Pembroke Central. sonable grounds for suspecting that the property Minister Perinchief has the floor. represents any person’s proceeds of criminal conduct or is intended by any person for use in any criminal Hon. Wayne N. M. Perinchief: Thank you very much, conduct. Further, Mr. Speaker, where the property is Mr. Speaker. proposed to be seized under the provision related to Mr. Speaker, yes. I wish now to make a mo- the execution of the officer’s duties, a senior officer of tion that the Proceeds of Crime Amendment Act 2012, the rank of inspector or above must authorise the de- be now read the second time and committed. tention of the property in writing. Mr. Speaker, I wish the people of Bermuda to The Speaker: Any objection? know that this Bill is designed to target only those who Agreed to. are involved in criminal activity. Mr. and Mrs. Bermuda can take comfort in knowing that there are safeguards [Gavel] in place by way of the checks and balances ingrained in the law to ensure that they are not unduly harassed. The Speaker: Carry on, Minister. Mr. Speaker, the ability to seize property rea- sonably suspected to be the proceeds of crime is a SECOND READING further legislative tool by which the lifestyle of those in the criminal underworld can be disrupted. When prop- PROCEEDS OF CRIME AMENDMENT ACT 2012 erly administered, the impact of this relatively short Bill can be instrumental in eliminating the resources of the Hon. Wayne N. M. Perinchief: Mr. Speaker, the Bill gang culture that is threatening the peaceful way of before this Honourable House is the Proceeds of life which the majority of Bermudian people wish to Crime Amendment Act 2012. enjoy. Honourable Members will be aware that the Mr. Speaker, there is no doubt that my col- Ministry of National Security is responsible for sup- leagues are also actively engaged in developing poli- porting the enforcement arm of the Government’s cies that help to build, strengthen and maintain our strategy to combat the gang culture. This Bill repre- communities as safe places. The prevention and help- sents a continued track towards disrupting the criminal ing side of the Government’s strategy is equally as lifestyle of some in the community. important as enforcement. Together, we will continue Mr. Speaker, in July 2011, I brought before to consider and develop policies aimed at extracting this Honourable House a Bill that amended the Pro- all of the attractive features from gang membership, ceeds of Crime Act 1997, equipping the police with thereby extinguishing any desire in our young people the power to seize cash found in the course of their to join gangs. duties which they reasonably suspect is proceeds of Mr. Speaker, I am pleased to commend this criminal activity. The procedure is used where criminal Bill to the House and for Honourable Members to dis- offences are not necessarily contemplated. Since the cuss. enactment of these provisions, some 50 seizures have occurred, demonstrating that the legislation was The Speaker: Thank you, Minister Perinchief. not passed in vain. Any further speakers? Mr. Speaker, the Bill before this Honourable I now recognise the Honourable Member, Mr. House is essentially an extension of the 2011 L. C. Cannonier, from Devonshire South Central, Amendment. The 2012 Bill provides the police with Leader of the Opposition. the additional powers to seize tangible personal prop- Mr. Cannonier has the floor. erty. For the purposes of this amendment, “property” is defined as personal property including, but not lim- Mr. L. Craig Cannonier: Thank you, Mr. Speaker. ited to, jewellery, a motor car, a motorbike, a pleasure It was indeed a pleasure to see the amend- craft, cash, or any negotiable instrument, and ex- ments here, or the Proceeds of Crime Amendment Act pressly excludes real property, or real estate. [2012], being fully explained here. I commend the Min- Mr. Speaker, the current law confines any ister on his work with this here and the efforts to be order to confiscate property to post-conviction, and is able to curb some of the gang activity and increase in limited to any benefit directly linked to the offences crime in this area of gangs. This goes a long way in House of Assembly Official Hansard Report 11 May 2012 2009

dealing a heavy hand to what is going on in Bermuda jewellery to jewellery stores, craftsmen, silversmiths, at this time. basically to sell and get cash for. I would like to also say that this goes a long The question that I would like to ask is, What way also in being responsible and admitting, and go- type of controls do we have in place to ensure that our ing through the process of this Act, the Proceeds of jewellers do not fall victim to proceeds of crime? Crime Amendment Act . . . when I read here addition- Quite frankly, if I have broken into a house ally [in clause 3(c)], [section 50,] subsections (1A), (2), and stolen a gold watch and a gold ring, I would take it (3), (5) and (6), and it continues to say the procedures to the jeweler, say it is mine and that I would like to of obtaining written permission of an inspector, it just have it repaired or sold, or I would like to melt the gold goes to show that this has been well thought out and down for cash. the procedures are in place to ensure that no one is A number of these jewellers’ people are [giv- put out in any real way. ing] cash for gold—that is a new business. Right now So I would like to commend this Bill. It is a things are tight economically, and a number of people good one and goes a long way in saying to those in- are selling their gold. So we need to ensure that the volved in gang activity, criminal activity, that Bermuda jewellers are not playing a role in realising cash from will come down with a heavy hand. proceeds of crime. Thank you, Mr. Speaker. I just want the Minister to ensure that controls are in place that will enable the jewellers to be more The Speaker: Thank you, Mr. Cannonier, Leader of vigilant in securing gold that they can use to craft and the Opposition, from Devonshire South Central. make jewellery, to ensure that they do not form a part Any further speakers? of the problem, unintentionally. I now recognise the Honourable Member, Dr. Gibbons, from Paget East. The Speaker: Thank you, Mr. Simons, the Honoura- Dr. Gibbons, you have the floor. ble Member from Smith’s South. Any further speakers? Dr. the Hon. E. Grant Gibbons: Thank you, Mr. I am going to take the Honourable Member, Speaker. Mr. C. Swan, from Southampton West Central. Mr. Speaker, as my honourable colleague, Mr. Mr. Swan? Cannonier, has said, we on this side of the House support this amendment to the Proceeds of Crime Act. Mr. Charles F. B. Swan: Yes, thank you. I had a question, actually, and it occurred to We are going into Committee, and my state- me . . . I am curious as to whether the Minister can tell ments are a little bit specific to do with certain sec- us how many actions have actually been brought over tions. So perhaps I should wait until then. the last couple of years against individuals who have been charged with proceeds of crime and how many The Speaker: You can, yes. instances where confiscation has actually taken place. Experience in other places indicates that while this Mr. Charles F. B. Swan: Well, I will deal with one kind of legislation may actually be a deterrent in many quickly now. respects, not a lot of actions are actually brought, in The Minister in his opening remarks talked practice. I am curious as to whether the Minister can about “property” and a definition. I stand to be cor- give us an update on what the history is over the last rected, but in my research I could not find a definition couple of years. for “property” actually in the legislation. I may be com- Thank you, sir. pletely wrong there. It did not appear in the wording of the amendment here. It appears a definition is some- The Speaker: Thank you, Dr. Gibbons. where in the body, but not in the actual list of defini- Any further speakers? tions. I now recognise the Honourable Member, Mr. I wanted to point that one out. I will raise the N. Simons, from Smith’s South. others in Committee. Thank you. Mr. Simons, you have the floor. The Speaker: Thank you, Mr. Swan. Mr. Nelson H. Cole Simons: Thank you, Mr. Speak- Any further speakers? er. I now recognise Madam Premier. Madam Mr. Speaker, I would like to raise another is- Premier has the floor. sue that relates to proceeds of crime. Recently, it has been brought to my attention, with the spate of break- Hon. Paula A. Cox: Thank you, Mr. Speaker. ins and people being accosted, that quite a bit of jew- Mr. Speaker, I wanted to make just a couple ellery has been stolen from people’s homes. I learned of comments. It is this: As the Bermuda Police Service that some of these criminals have been taking the acts, working together with the responsible Minister and Ministry of National Security to deal with issues of House of Assembly 2010 11 May 2012 Official Hansard Report

law and good order, it is very important that there is and consider that it should have been done some time the framework that now allows the police and the ad- ago. It has probably been a bit tardy in making these ministration of justice through the courts to be able to changes. follow the money. It would be nice to have a regular report as to Mr. Speaker, crime bites. But the agencies what items are seized by the police and what items of and authorities can bite back when they can also in- forfeiture orders are subsequently made by a yearly terrupt the rhythm of crime and also make it non- basis for confiscated assets, and also to have, as the productive and non-profitable for people to engage in Premier has just spoken, some accounting of where crime. So this Proceeds of Crime Amendment Act these things go. So, you talk about follow the money. [2012], in terms of the ability to seize property (exclud- Well, let us have a report on what the police seize, ing land) is very important. which ones the courts make an order are forfeited and It certainly, Mr. Speaker, as you look at pieces where the money then goes, whether it sits in the fund of legislation and as you look at items like even what or whether it is given to some charity or otherwise, to we tabled today with the Confiscated Assets Funds ensure that everything is proceeding according to statements, is so very important to note that when we Hoyle. That is what we on our side would like to see earmark and are able to recover monies that we can done. under the legislation that sets up some of these agen- The other thing, which was mentioned by my cies, particularly confiscated asset funds . . . We are honourable colleague, Mr. Cole Simons, I think is also able to deploy and allocate the monies to where they a legitimate question. There are certainly questions can do the best good. about where this stuff is being taken, in particular, For instance, we have had about $1.25 million gold items, the bling that people have. But the jewel- that has been allocated to Turning Point. In fact, I lery that is stolen—whether it is on the black market think it . . . I have probably undershot by a million; it is being sold as is, or whether it is being sold to either a about $2.4 million. We have also had monies, about jeweller or a gold business for melting it down and re- $116,000 to C.A.R.E. Learning Centre, and we have using it—we want to be assured on this side of the also had monies to Captains-in-Charge for renovation. House that the police are following that link very So, Mr. Speaker, what you are seeking to do, almost closely. Because there are people now advertising on by a process of conversion, is you are taking ill-gotten the Internet in Bermuda for gold to melt down for its gains and as part of the Government’s plan for trans- value. The value of gold is so high, I think it is $1,800 formation you are able to direct those funds where an ounce or in that region, $1,600 to $1,900 an ounce. they can do the most good. It is worth more melted down than in the form of jewel- I want to commend the Minister. I want to lery in some cases, which is a very good way of hiding commend those who are working in Justice to seize, stolen items. and assist us to seize, ill-gotten gains which have We would like to be assured by the Minister caused . . . That is what is often the driver for people that the police are taking extraordinary steps to follow to use and perpetrate acts of violence and also to in- up on jewellers and gold dealers, that this is not being vade people’s homes. I think we have to disrupt the done. It is a very real instance. My honourable col- rhythm, continue to disrupt the rhythm, and I com- league, Mr. Cole Simons, says someone who lives in mend this piece of legislation for that. the Smith’s area had jewellery stolen and they are Thank you, Mr. Speaker. sure they know who the culprit is. The police know who the suspect is. The police are saying, Well, we The Speaker: Thank you, Madam Premier. know who he is, but we can’t find him to pick him up to Any further speakers? question him. This is the sort of situation we are in in I now recognise the Honourable and Learned this community at the moment. We are in a position Member, Mr. T. Moniz. where in some aspects it is looking pretty lawless. Mr. T. Moniz has the floor, from Smith’s West. To that individual who goes to the police and says, I had this jewellery stolen. I am sure I know who Hon. Trevor G. Moniz: Thank you, Mr. Speaker. did it. This is the suspect. And the police are saying, I will not be too long, and I think Members Well, okay. But we can’t find him. We know who he is. have covered the ground pretty well. All I want to do is We know what he looks like, and we can’t find him. make some distinctions between the area where the This has been going on for not weeks, but months police have in the past seized cash or what they now. So there is great concern in the community. viewed as evidence in a case and where courts make Thank you, Mr. Speaker. forfeiture orders, which are two different things. Obviously, the police have a right to seize The Speaker: Thank you, Mr. Moniz, the Honourable things which they feel are evidence of part of the and Learned Member from Smith’s West. crime. This enables them to go further to seize things Any further speakers? which are proceeds of crime. Today we are broaden- No further speakers. The Minister in charge, ing the concept. I think we all agree with this today Minister Perinchief, is going to reply. House of Assembly Official Hansard Report 11 May 2012 2011

Minister? The Speaker: Any objection? Agreed to. Hon. Wayne N. M. Perinchief: Yes, Mr. Speaker. To the queries that were put forward by Mem- [Gavel] bers on the other side as to the number of seizures that have been actually made . . . in the body of my The Speaker: Will the Honourable Member, Mr. D. initial treatise I said that from July 2011 to date, 50 Lister, please take the Chair of Committee? seizures have taken place under the Proceeds of Crime Amendment Act 2011. [Inaudible interjection] On the issue of jewellery that is actually turned in and (if you like) gold buyers, I am checking The Speaker: Oh. Well, since I have called him, the now to find out just what licensure they need. But I do Honourable Member from Sandys North Central, Mr. know that they normally photograph and document D. P. Lister, is going to take the Chair. I have not for- the ownership of the property, and in some cases gotten you, Deputy. some stolen property has been recovered by means of identification by the owners who called around and House in Committee at 11:16 am were able to trace their stolen jewellery to a person who had purchased it legitimately not knowing that it COMMITTEE ON BILL was stolen. But it was returned to the rightful owner. I am in the process of speaking with the [Hon. Dennis P. Lister, Chairman] Commissioner of Police and others to make sure that there is some sort of oversight other than just self- PROCEEDS OF CRIME AMENDMENT ACT 2012 reporting by the jewellers. But to date, they have been very responsible. I will say that. The Chairman: Members, we are now in Committee to discuss the Proceeds of Crime Amendment Act Hon. Trevor G. Moniz: Mr. Speaker, point of clarifica- 2012. tion, if the Minister will yield. Minister, would you like to lead off?

The Speaker: Yes. The Minister is yielding. Hon. Wayne N. M. Perinchief: Yes. Mr. Chairman, this Bill seeks to amend the Proceeds of Crime . . . If I P0INT OF CLARIFICATION could move all clauses, 1 to 5.

Hon. Trevor G. Moniz: The Minister is saying that The Chairman: Thank you, Minister. Go right ahead. there were 50 seizures. Is he saying there was a 100 per cent success rate in the terms of saying that for Hon. Wayne N. M. Perinchief: I will give an introduc- every item that was seized, subsequently a court tion further to what this Bill proposes to do. made a forfeiture order in respect of the item that was This Bill seeks to amend the Proceeds of seized? Crime Act 1997, the principal Act, primarily to expand Part VI of the principal Act to allow a police officer to The Speaker: Carry on, Minister Perinchief. seize any tangible personal property excluding any real property he reasonably suspects to be the pro- Hon. Wayne N. M. Perinchief: The presumption is ceeds of crime imported to or exported from Bermuda, that with the seizures, they were successful seizures or found by an officer in the execution of his duties. in which the item was not returned. But I can clarify Clause 1 is the standard citation provision. that later on. Clause 2 amends the heading to Part VI of the On the issue of property, the actual amending principal Act by deleting the word “cash” and substitut- Act states in clause 5 that section 52(4) of the princi- ing the word “property” so that the heading reads pal Act is amended under subsection (b) . . . and “SEIZURE OF PROPERTY.” property is described as follows: “‘property’ includes Clause 3 amends section 50 of the principal cash and all other tangible personal property, but Act by replacing the headnote so that it reads “Seizure does not include any real property.” So that is the sec- and detention of property.” Further, clause 3 repeals tion in the Act that does describe what real property is. and replaces subsection (1) of section 50 whereby a So if I may continue, Mr. Speaker? police officer, in addition to being able to seize cash, may seize and detain any other property which is be- The Speaker: Yes, Minister. ing imported into Bermuda, exported out of Bermuda or found in the execution of his duties, provided that Hon. Wayne N. M. Perinchief: Mr. Speaker, I move the officer has reasonable grounds for suspecting that that the Bill be committed. the property represents any person’s proceeds of criminal conduct or may be used for criminal conduct. House of Assembly 2012 11 May 2012 Official Hansard Report

Additionally, section [50] (1A), section [50] (2), One of the things I just wanted to point out— section [50](3), section [50](5) and section [50](6) are and I was just trying to find the actual Act (I had it on amended by deleting the word “cash” wherever it oc- my phone, but could not bring it all up) where the word curs and substituting the word “property” to broaden “cash” is changed and the word “property” inserted, in the scope of property that can be seized, the proce- that section 50. There are other sections that the word dure of obtaining written permission of an inspector to “cash,” from what I could see, appeared which are not detain the property for 48 hours, then seeking approv- being covered by this amendment. al from a magistrate to detain it longer, as long as the I wondered if there was a reason for that. I am reasonable grounds continue to exist and the contin- just trying to be a little bit more specific here, if you ued detention is justified for further investigation or could give me a minute. Yes, in [clause 3] it says that institution of criminal charges are maintained. Contin- in sections [50] (1A), (2), (3), (5) . . . section [50] (4), I ued detention shall be three months at a time up to a thought I saw the word “cash” in there somewhere. maximum of two years, or until forfeiture proceedings Yes, in (4) . . . I am sorry. Subsection (4) . . . I am sor- or criminal proceedings have been concluded. ry. I have made a mistake. It is in section [50] (5), Clause 4 amends section 51 of the principal okay. Yes. No, sorry. I apologise. I do not have a Act to broaden the scope of property that can be problem apologising. seized. Further, section 51(5) of the principal Act is Then, I had little issues in section [50] (5) to amended such that the Supreme Court may make an do with the sentences and understanding them. But I order as it considers appropriate to release seized believe I will leave it alone. Obviously, we all support property—or in the case of cash, any remaining this legislation and are fully behind it. So that was the cash—together with any accrued interest. only other thing I wanted to bring up. Clause 5 amends section 52 of the principal Thank you, Mr. Chairman. Act by deleting the word “cash” and substituting the word “property” in the definition of “exported” and by The Chairman: Thank you, Mr. Swan, for your com- inserting the definition of the word “property.” Clause 6 ments. provides for the commencement by way of notice in Does any other Member wish to speak? the Gazette. I recognise Minister Scott. Do any Members wish to comment on clauses Minister Scott, from Sandys North, you have 1 through 5? the floor.

The Chairman: Thank you, Minister, for that. Hon. Michael J. Scott: Thank you, Mr. Chairman. Do any Members wish to participate? Mr. Chairman, the integrity of the parent Act, I recognise the Member, Mr. Cole Simons. or the principal Act, the integrity of the Table of Con- Mr. Simons, the floor is yours. tents experiences no change. These amendments refer to the provisions within the sections of the Act. Mr. Nelson H. Cole Simons: Thank you, Mr. Chair- So, the Table of Contents must remain as is. man. I generally agree with what has been said. The Chairman: Thank you for that clarification, Minis- There is only one, I think, administrative issue that ter. needs to be addressed. Does any other Member wish to speak? If the Minister would look at the Table of Con- Minister Perinchief, the floor is yours. tents [of the principal Act], the Table of Contents still has “SEIZURE OF [CASH]” and “Seizure and deten- Hon. Wayne N. M. Perinchief: Yes, Mr. Chairman. tion of cash . . .” So if we could make that minor ad- I am gratified that Members on the other side ministrative change, then I think the whole piece of have made some meaningful contributions to this legislation will be compliant with the intent that the amendment to the Proceeds of Crime Act 2012. I now Minister is presenting today. Because he starts, under move the Preamble. I want to move all clauses 1 Part VI, in the body of the legislation. But if you look at through 5 and the Preamble— the Table of Contents in the parent Act, that has not been changed at this point in time. An Hon. Member: Clause 6?

The Chairman: Does any other Member wish to Hon. Wayne N.M. Perinchief: —clause 6. (Thank you comment? for reminding me about that omission.) I recognise Mr. Charles Swan from South- I now wish to move the Preamble. I move that ampton. the Bill be reported to the House. Mr. Swan, the floor is yours. The Chairman: Any objection to the Bill being report- Mr. Charles F. B. Swan: Thank you, Mr. Chairman. ed to the House? All in favour? House of Assembly Official Hansard Report 11 May 2012 2013

Any opposed? The Speaker: Any objection? Agreed to. AYES. [Gavel] The Chairman: Thank you. It will be reported to the House. [Motion carried: The Proceeds of Crime Amendment Act 2012 read a third time and passed.] [Motion carried: The Proceeds of Crime Amendment Act 2012 was considered by a Committee of the The Speaker: I now recognise Madam Premier. whole House, passed without amendment, and will be Madam Premier? reported to the House.] ADJOURNMENT House resumed at 11:26 am Hon. Paula A. Cox: Mr. Speaker, I move that the [Hon. Stanley Lowe, Speaker, in the Chair] House do now adjourn.

REPORT OF COMMITTEE The Speaker: Is there any objection to that motion? Agreed to. PROCEEDS OF CRIME AMENDMENT ACT 2012 [Gavel] The Speaker: Is there any objection to the Report of the Committee as printed? The Speaker: I recognise the Honourable Member, Agreed to. Dr. Gibbons. Dr. Gibbons, you have the floor. [Gavel] US FOREIGN ACCOUNT TAX COMPLIANCE ACT The Speaker: I am not going to call any of the other Orders because it was indicated by the acting Whip Dr. the Hon. E. Grant Gibbons: Thank you, Mr. that Orders 3 to 7 are being carried over. Speaker. There are no further matters before the Mr. Speaker, I would like to take a couple of House, Madam Premier. minutes to talk about a US initiative which I think I recognise the Honourable Member, Minister some Honourable Members will be aware of, others Perinchief, from Pembroke Central. may not be, but it could have fairly significant implica- Minister? tions, particularly in the first instance, for a number of local Bermudian and non-Bermudian insurers that are SUSPENSION OF STANDING ORDER 21 based here, as well as the banks and other financial institutions such as funds. Hon. Wayne N. M. Perinchief: Yes, Mr. Speaker. Mr. Speaker, I am talking about a piece of leg- I move that Standing Order 21 be suspended islation that was enacted in the United States back in to enable me to move that the Bill entitled the Pro- March 2010. It is called the Foreign Account Tax ceeds of Crime Amendment Act 2012 be now read the Compliance Act, and it is often abbreviated FATCA third time by its title only. (that is, F-A-T-C-A, the Foreign Account Tax Compli- ance Act). The Speaker: Any objection to the suspension of Putting aside the issue of whether it is a good Standing Order 21? or bad thing, because when it was first enacted there Agreed to. was an extraordinary reaction to it by a number of other countries who were saying, The IRS is trying to [Gavel] reach out into other countries to require their financial institutions to provide information to them about US [Motion carried: Standing Order 21 suspended.] citizens, because the purpose of the Act is to essen- tially impose on non-US—they could be in Bermuda, The Speaker: Carry on, Minister. they could be in London, they could be in Cayman, they could be anywhere in the world—to impose on THIRD READING non-US financial institutions reporting information with respect to US clients, US individuals that have ac- PROCEEDS OF CRIME AMENDMENT ACT 2012 counts or have financial information connected with those institutions. Hon. Wayne N. M. Perinchief: I move that the Bill do As we all know, Mr. Speaker, not only are now pass. there a lot of Americans in Bermuda, there are a lot of House of Assembly 2014 11 May 2012 Official Hansard Report

Bermudians actually who have close US connections. an announcement was put out by the US Treasury In fact, some of them may be dual nationals as well. I saying that the governments of these particular coun- think the full implications have only started to settle in tries, these five countries, would actually be working the last year or so. with the US IRS and the US Treasury to make it easi- The reason I raise it in the House this morning er on financial institutions in London, Germany, is to try and get an understanding of what action, if France, UK, wherever, so that they essentially would any, the Government has taken or is likely to take to be the collecting agent of information for their own assist in trying to mitigate some of the severe compli- financial institutions, which should reduce the cost of ance and other requirements that this is going to have compliance significantly on financial institutions, banks on a lot of, particularly Bermudian, local institutions in the UK, Germany and other countries. This infor- that have US clients as customers or in fact have mation was put out fairly recently. Bermudians who have US connections in one way or The US, apparently, is going along with this. another. So, it raises a number of questions for Bermuda. Be- The purpose of the US legislation is to detect, cause we are an Overseas Territory, are there impli- deter and discourage offshore tax evasion by US citi- cations with respect to whether the UK’s agreement zens or residents. So, what the IRS and the US with the US and the US Treasury to be an agent of Treasury are doing here is trying to collect more tax this . . . how will that impact Bermuda as an Overseas by putting responsibilities on non-US institutions—the Territory? It also raises the question as to whether our institution may have no connection, at least in terms of Government should be talking to, doing something doing business in the US or anything of that sort—but with, the US Treasury to better understand what the putting an obligation on those institutions to collect implications are for Bermuda in the long run. and provide information on US citizens that they are I raise that issue because the Cayman Gov- working with or who are clients or whatever else. ernment, which seems to be ahead of the curve on a The idea is that a foreign financial institution— number of things these days, has recently put out an it could be a bank here; it could be an insurance com- information press release which says that the Cayman pany—is required to disclose this information on US Government and members of the Ministry of Finance account holders. And if those account holders do not there have actually been working with the US Treas- comply, then there is basically a 30 per cent withhold- ury going back to February of this year. ing tax. Also, more recently, the Cayman Government Now, the issue for us here is not just on the has met with the US Treasury to try and get a clearer individuals, the Americans or those with American understanding of what the impact is going to be on connections who are involved. But it is also on institu- Cayman’s financial institutions (which, like Bermuda, tions here, because in order to be able to work with are significant for their economy), and has actually and not have withholding tax placed on the institu- issued a joint release of their talking with and discus- tions’ holdings in the United States . . . For example, sion with the US Treasury to say that they are trying to let us suppose an institution here may have Treasury work with the US Treasury to see whether the Cay- bills or something else. If they sell those and they in- man Government could possibly also have the same volve a US onshore institution, they are required to arrangement that the UK, France, Germany and other put a withholding tax on that sale of some 30 per cent. European countries have, where they are the report- So it could have a profound impact here on local insti- ing agency for local financial institutions there as well. tutions dealing with onshore US banks. So, Mr. Speaker, I raise it not in any sort of There is also the implication that, if you do not critical or political way, but just to say that I think it is participate and actually file with the IRS and apply to important that we have some understanding of the be an approved or qualified foreign financial institu- implications of what is going to be a very complex and tion, bank or insurance company, there may be issues expensive piece of legislation. [It is] nothing to do with related to how you deal with onshore US banking and us, but has everything to do with what the US is trying other financial services entities, which will have quite to do to essentially get foreign institutions to provide a significant impact on how local Bermuda interests, information to them on US taxpayers. financial companies, banks and others deal with this. But if local institutions do not comply, they Now, part of the reason I am raising this could well have great difficulty in dealing with onshore morning, is because it is a technical area and there US institutions in the next few years and there may be has been quite a bit of discussion in the local financial issues of withholding tax of US dividends, premiums, services area about it because compliance needs to of sales of US securities if they involve a local institu- start beginning in January 2013. But it is a staged tion that has US clients. compliance issue. One of the reasons I am raising this So the bottom line here is, I am really inquir- issue is because in March of this year there was, as a ing as to what thought, if any, has our Government consequence of real concern in a number of countries given to this, whether there have been any discus- (and those included France, Germany, Italy, Spain sions with the US Treasury with respect to the poten- and the United Kingdom) . . . There was an effort and tial impact on Bermuda institutions and raising the fact House of Assembly Official Hansard Report 11 May 2012 2015

that this could be quite a difficult and expensive issue should vote and not necessarily the businesses. The for Bermuda financial institutions going forward. business votes; the person who owns the building Thank you, Mr. Speaker. votes. So it was a position which was really stacked against the people themselves. I was happy to see The Speaker: Thank you, Dr. Gibbons, the Honoura- last night that the people of Hamilton, the City of Ham- ble Member from Paget East. ilton, really voted last night. Any further speakers? I recognise the Honourable Member, Mr. W. [Desk thumping] M. Lister, from Sandys South Central. Mr. Lister, you have the floor. Hon. Walter M. Lister: You know, Mr. Speaker, there were many people who still support the position of, the MAIN ROAD IN SOMERSET businesses must vote. If you go to New York City, Mr. Speaker, where there are stock exchange people who Hon. Walter M. Lister: Thank you, Mr. Speaker. I just own those buildings, who own businesses—[they] do wanted to do a little parish pumping this morning, be- not participate in the election of the mayor and the ing that we have the time to do these sorts of things. councilmen of New York City. I would like to take this opportunity to thank Minister Weeks for his addressing an issue which a An Hon. Member: Municipality. number of my constituents have called on me to do. I received a number of calls over the last couple of Hon. Walter M. Lister: Municipality. They may live weeks, specifically [from] those people who live along there. If they live there, they do. Cook’s Hill Road, who needed that road addressed. I But if you go to London and all these places have spoken to the Minister. The people said, Well, where you see democracy practiced at its best, the before you go, Mr. Lister, there is one thing you have businesses do not vote. Those people who still hold to do. That is, have Cook’s Hill Road repaired. And I over that process of wanting the businesses to vote, was very happy about it a few weeks ago, to see all of Mr. Speaker, belong to a different era. We can see the equipment there addressing Cook’s Hill Road. I that all the time. We still have some in the community, think the plan is, Mr. Speaker, not only to do Cook’s Mr. Speaker, but forcefully we are bringing them along Hill Road, but continue on around Sound View Road. screaming and shouting. I think this is what we have But, Mr. Speaker, I want to address the situa- to do. tion on the main road in Somerset. I want to assure people that that will be done, but that cannot be done DEMOCRACY AND INDEPENDENCE until we first put the water line in. It would be counter- productive to put the water line in, Mr. Speaker, and Hon. Walter M. Lister: Mr. Speaker, I have been then have to tear it up again. So I have asked people around, and you, too, have been around a long time. in that area to bear with us a little longer, and believe And you know that there was a time when we could me, we will address that. It is in the cards to do, and not vote because we did not own property and we we will restore those roads to what they normally are were not allowed to participate in the process. So on the West End. when I see this step forward in the act of bringing more democracy to the city, you and I know that, while MAYORAL ELECTIONS the young people just see it as an election, we see it as a big step forward for coming a long way. Hon. Walter M. Lister: Just switching to the situation Then, as you know, the previous Government of the election of the mayors last night, I would like to when they got to one stage, not only increased the say congratulations to them. I did not take the time voting age from 21 to 25—and I was one of those per- that was allotted for congratulations to say that, be- sons who was caught up in that era where I could not cause I just want to say a few extra things. vote and I was capable of voting—but this party has It speaks to a change in many things, the always sought to bring democracy to this country, giv- election last night, Mr. Speaker. As you know, this ing people an opportunity to vote, giving people an party, when we came to power, we were very con- opportunity to speak. cerned in introducing one man, one vote, each vote of You know, Mr. Speaker, when you see letters equal value. That is the basis of democracy in itself. If in the newspaper and people do not sign their name, you travel around the world where democracy is prac- oftentimes that is a hangover from a previous era ticed at its best, that is where it starts. where people were afraid to make their names public. As you know, I had a business here in the You can still do that. But nowadays, Mr. Speaker, city. Of course, I have a vote in the city. Mr. Speaker, I some people, as I say, from a previous era, still be- stopped participating in the process of voting in this lieve in the previous era, and do not sign their names. city’s elections because I just felt that they were so But people call up now and say who they are. They undemocratic, and the people who live in the city talk on the radio. They say who they are and very House of Assembly 2016 11 May 2012 Official Hansard Report

much are a part of the process. They are sharing in but this Government, the local Government, has risen the process and that sort of thing. to the occasion, Mr. Speaker. I just want to say that, as you know, people About a month ago I had the opportunity to like myself and others are strong believers in an inde- represent the Premier at the conference in CARICOM. pendent Bermuda. When the Governor’s boss was One of the colonies was there, Anguilla. He was say- here, Mr. Bellingham, he and I were at Government ing that how the Governor of Britain, who has been House, and I spoke to him and we had quite a con- appointed Governor as well, continues to interfere versation going. I said to him—and I was thinking, my with what they are doing, their internal affairs. I was thought was that we have a black President of the saying that, Well, in Bermuda, the Governor does not United States, Canada had a black Governor General. sit in the Cabinet. He says, You’re quite advanced. I Well, I said to him, Don’t you think it would be nice if said, You’re absolutely correct. But Bermuda still re- we had a black Governor in Bermuda for a change? mains a colony, which I feel is a step backward after He said to me, You know something? That’s 400 years. interesting that you bring that up. But the lady in Par- The people of Bermuda do business when liament—her name is Mrs.— they leave Bermuda. The first country they go to is America, which is an independent country, and they An Hon. Member: Baroness Amos. enjoy that. The next time they go, they go to Britain. They go to Britain, and they enjoy Britain. And all of Hon. Walter M. Lister: —Baroness Amos—was our these positive examples of being a country that does representative at the United Nations. And we consider for itself, and then they come back to Bermuda and the United Nations post far higher than a Governor of say, Well, I do not want independence. I cannot ab- Bermuda. So I said, Well, it might be interesting, after sorb or accept that rationale. We must stop and look 400 years, to have a Governor of Bermuda who is forward. black, and the majority of Bermudians are black and You know, when we came to power, this Gov- we can identify with that. ernment came to power some years ago, there were So, I left that with him. Of course, he did not two things that we said we would do. One is to have go any further, and neither did I. But the fact is that it one man, one vote, and we have accomplished that. can be done. It can be done as long as we are a colo- And we have another task to do, which is to free the ny. people from any other yolk except our own people. I said, You know, I believe in independence. We speak for them. But as long as we are a colony, I said, I think we For example, when we go to conferences in should give that some consideration. He said, You’re international forums, Britain speaks for us, and we sit not a colony. You’re a dependent territory. I said, You as observers. And we are all intelligent people, Mr. know, we were colonised 400 years ago, and I don’t Speaker. We do not need anyone to speak for us. We remember Bermuda becoming independent. are capable. We are intelligent people. The position of Because when you are a dependent territo- the Governor years ago, coming to Bermuda and ry— speaking on behalf of Bermuda, they would come, Mr. Speaker. All the people are here, and he has to learn [Inaudible interjection] what we have already known and taken for granted. So he is really at a disadvantage. Hon. Walter M. Lister: —when you are a dependent This is not an attack on any person or on any territory government, because in actual fact some of them themselves are very honourable men, and I think that [Inaudible interjection] should be made clear. But they are doing a job as they are . . . I am talking about the system under Hon. Walter M. Lister: —when you are a dependent which Bermuda exists. territory, you are depending on someone else to do things for you. But there is nothing in the world that [Inaudible interjection] Britain or any other government could do that we can- not do for ourselves. So we are not a dependent terri- Hon. Walter M. Lister: Exactly. We pay people to tory. We are really a colony of Britain. Those people come and be in charge of us. must learn to understand the difference between a You cannot really have democracy where we colony and being a dependent territory. work up here until four o’clock in the [morning] trying There are some territories under Britain which to pass a Bill and one person can decide whether it are dependent on Britain for economics and other re- has been decided or not. That is not democracy. De- sources. But we have not received any economic mocracy is where a majority of people— funds from Britain since way back in the seventeenth century. We have been able to direct our own affairs. [Inaudible interjection] And we do have problems, and we have difficulties, House of Assembly Official Hansard Report 11 May 2012 2017

Hon. Walter M. Lister: You are absolutely correct. But, sir, as I went on to the election link last You are exactly correct. night (I was in Somerset and I turned it on) . . . may I So I call on the Bermuda people to give it just commend the Parliamentary Registrar, too, for a some serious thought. If you like America, you can be twenty-first century coverage of our mayoral elections like America. If you like England, you can be like Eng- with that link? It was an excellent, live, moving moni- land. If you like the St. Kitts, you can be like St. Kitts. toring of the elections in both towns. As I turned it on If you like any country that is independent, believe me last night and saw that Mayor-elect Mr. Outerbridge when I tell you, your problems will continue to be with had started off the count in the lead and maintained it you when you are a colony the same as when you are throughout the night, and his team made a complete an independent country. But you have to rise to the sweep. I am happy to note that in the first instance of occasion and address it. And Bermuda has set exam- a testing of our municipal elections reforms under this ples, Mr. Speaker, where they have risen to every Government, with the [Municipality Reform Act 2010], challenge we have had and tried to address it. we have seen it tested and managed the process of a All I am saying, Mr. Speaker, is that we have mayoral election—or municipalities election, I should come to a time in this country where we are all hon- say, Mr. Speaker—tested under our new legislation ourable men and women of intelligence, capable, and ushering in these marvellous principles, these im- there is not one thing that any country in the world can portant principles, of fairness and equity and justice in actually have to do for us that we cannot do for our- the electoral process. selves. Therefore, Mr. Speaker, there is only one step I, too, want to commend Mayor Outerbridge that needs to be done. Just do not go there. Britain at and his Aldermen, Donald Elroy Smith, Mrs. Gwyneth one time some years ago . . . there were a number of Rawlins and Mr. Carlton Simmons—those are the Al- countries which were going independent in the Carib- dermen—and the team of Common Councillors, who bean and around the world. bring both diversity . . . There is Mr. George Scott, who brings the union strength to this new team and The Speaker: Somebody’s phone is ringing! Put it on the representation of the interests of all city workers vibrate. will be covered by that. There is the presence of the business acumen of Ms. Edwards. There is the artistic [Inaudible interjections] passion of the Mayor himself, Mr. Outerbridge, a well- known photographer, [and] the legal acumen of Mr. The Speaker: Carry on, Mr. Lister. Lawrence Scott. I was so impressed just to reflect upon the Hon. Walter M. Lister: As long as your buzzer is not new team that is in place, and I want to commend going, Mr. Speaker, I will continue to speak. But I will them for being able now to take the city to . . . at a be very brief on this; I am winding down. time which is both opportune—pregnant, Mr. Speaker, Intelligent people need to act intelligently. If with possibilities, as we consider how to develop the you are capable of doing something, do it. I will ask all city’s waterfront. How do we continue to develop and of those people who still believe that we should re- link the product of entertainment in our cities so that main a colony under Britain, What is it that Britain can we marry in a synergistic way the city’s aims with the do for us that we cannot do for ourselves? Government’s, and particularly the aims of the Minis- Thank you, Mr. Speaker. ter of Tourism and [Ministry of] Tourism, to make our city a place that is excellent for all of us, including our The Speaker: Thank you, Mr. Lister, the Honourable visitors, so that that product is improved? Member from Sandys South Central. So, Mr. Speaker, a wonderful result last night, I am going to take the Honourable and and I take this opportunity to join the Honourable Wal- Learned Member, Mr. M. Scott, from Sandys North. ter Lister, adding my warm congratulations to that new Minister Scott, you have the floor. team. Thank you.

MAYORAL ELECTION The Speaker: Thank you, Minister Scott, the Honour- able and Learned Member from Sandys North. Hon. Michael J. Scott: Mr. Speaker, thank you. I now recognise the Honourable Member, Mr. Taking a page from the book of Honourable C. Swan, from Southampton West Central. Member, Mr. Walter Lister, in speaking to the mayoral Mr. Swan, you have the floor. elections in the Motion to Adjourn, I too was both fas- cinated and happy to see the change of guard on the Mr. Charles F. B. Swan: Thank you, Mr. Speaker. mayoral elections of our city and to commend Mr. During our session that we have delegated to Mayor Bascome in the old town, along with that ob- congrats and obits, I did not have the opportunity due servation of some of the new members of the mayoral to time limitations to expand on the new elections— elections in St. George’s that Dame Jennifer noted, noting the election of Ms. Anderson-Ming. The Speaker: Yes. House of Assembly 2018 11 May 2012 Official Hansard Report

nothing [like it]—far from a colony, Mr. Speaker. I be- [Inaudible interjection] lieve that we do have quite the capabilities of running our own affairs here in Bermuda without even any ref- [Gavel] erence to being a colony, Mr. Speaker. No one tells us what to do. We decide what we want to do. We can An Hon. Member: I apologise. decide if we want to hire people or who and how many to consult for us. We have done that fairly quite a bit The Speaker: The Honourable Member apologises. over a number of years. But Bermuda is still a great place to live and work, and I think all Bermudians Mr. Charles F. B. Swan: He does. should feel proud of our station in the world, regard- less of what it is called, Mr. Speaker. The Speaker: Carry on, Mr. Swan. On those remarks, I will take my seat. Thanks.

Mr. Charles F. B. Swan: —of the two new mayors. I The Speaker: Thank you, Mr. Swan, the Honourable just wanted to echo the sentiments that have just Member from Southampton West Central. been expressed to some extent to Graeme I am going to take the Honourable Member, Outerbridge and his new team elected in Hamilton Mr. G. Blakeney. and the Worshipful Mr. Bascome and his team in St. Minister Blakeney, from Devonshire North George’s. Central, has the floor. One cannot help but feel a bit of a fresh-air- feeling (I will call it) about the whole process and how Hon. Glenn A. Blakeney: Thank you, Mr. Speaker. it has gone. One can allude to an earlier time, when In reference to the Member that just took his we had an election, a general election, and a similar seat, in making his closing remarks regarding he does feeling was felt, Mr. Speaker. So I do wish both teams not necessarily care about what we are called, regard- the very, very best in their endeavours, and I hope less of what we are called, we are a great place, I do that their efforts are to the benefit of their respective take fundamental exception to that, because it is who municipalities. we are that matters. Sovereignty and autonomy have great signifi- EVANS BAY DOCK cance for a people. There is no doubt about that. I am sure the people, when they are ready, will give the Mr. Charles F. B. Swan: Mr. Speaker, an Honourable Government of the day the impetus and the support in Member who took his seat a little earlier did a little bit moving forward in this twenty-first century in achieving of parish thumping, or constituency thumping, and I statehood because that is meaningful in principle; it is want to do a little bit this morning, too. I am happy to meaningful practically for a country such as ours who hear that he has been able to have some roads in has enjoyed a successful evolution where we have Scott’s Hill and perhaps all around Sound View Road the confidence of the people in running our affairs, paved. I wanted to congratulate the Honourable regardless of the challenges we might face from time Member, the Minister for Works and Engineering, Mr. to time, which is no different from the challenges that Weeks, because in my constituency some railings are faced in any other jurisdiction in the world. were repaired. Quite speedily, actually, I publicised We are more ready than any country to the that. south of us for autonomy and sovereignty. When we There is another area which I would like to get into the word “independence,” it becomes a bad see done, but now I perhaps understand why it has word. But there is no country that is truly independent. not because all the equipment has moved to Somer- Every country is interdependent. That is what we set. But Evans Bay dock, which is used by children would be. As an autonomous and sovereign country, and adults alike, does need a little bit of help. It is po- we would sit down at the table of diplomatic protocol tentially dangerous. There are no life rings and that as equals. type of thing, and I hope the Minister can address So enough said about that. I think that indi- that. cates exactly where I stand on that matter. But it is not about me; it is about us. So when we are ready as a BERMUDA’S ADVANCED STATE IN RELATION TO country, we will do the right thing. ITS RELATIONSHIP WITH THE UK MAYORAL ELECTION Mr. Charles F. B. Swan: The last thing I would like to mention, and it is to do with Bermuda’s advanced Hon. Glenn A. Blakeney: Mr. Speaker, I would also state as it relates to its relationship with our Governor like to join those in congratulating the team Hamilton and the UK. We have been that way for a very, very municipal election victory, as well as the election vic- long time. We have been quite self-sufficient. While tory for those in St. George’s. Last night in Hamilton, we may still be a colony in name, in practice we are particularly, it was an historical event of major propor- House of Assembly Official Hansard Report 11 May 2012 2019 tion and significance. I think equal, if not more, con- Anderson-Ming and the other young lady, Ms. Quinell gratulations and recognition should go to the voters Francis, amongst others, a new generation who have who participated, every single one, regardless of who been empowered, Mr. Speaker, through a change in they put their “X” against in the ballot box. the process, through opening of the process. It was an important, historical, significant Perhaps this is somewhat historic, similar to event, and those that participated are a part of that the 1968 election, where young men like yourself, Mr. history, both those that stood to be elected in contest- Speaker, came onto the political scene, and brought a ing the municipal elections as well as those who cast new age to Bermuda and were followed by other the ballots. I would implore everyone in this country to young men, like Mr. Walter Lister, thereafter, in suc- participate in the democratic process when it comes to cessive actions. And a lot of other young Bermudians choosing those you believe and feel are best suited to found a new promise through a new democracy. So represent your individual and collective interests, as here we have a new democracy, Mr. Speaker, that this incumbent Government has done for the last has come to Hamilton. three terms. But I would say this. As we congratulate the So, Mr. Speaker, once again, congratulations teams and the respective persons—and I specifically to both municipalities and those victors in that democ- speak to Hamilton—St. George’s has certain chal- ratic process yesterday, particularly the Mayors, Mr. lenges. And I am sure that Mr. Bascome and those Graeme Outerbridge and Mr. Kenny Bascome, from down there are committed to addressing them. But I Hamilton and St. George’s, respectively. think, in reference to Hamilton, that despite whatever Thank you, Mr. Speaker. progress the outgoing administration sought to make—and they did do some very positive things, did The Speaker: Thank you, Minister Blakeney, the their best to open up the process to be more trans- Honourable Member from Devonshire North Central. parent with the affairs of the Corporation—there is a I now recognise the Honourable Member, Mr. lot more work which is deep-seated with Hamilton, W. Roban, from Pembroke East. which is a lot more serious as the capital city of the Mr. Roban, you have the floor. Island, the heart of economic activity and a city that needs change. Mr. Walter H. Roban: Thank you, Mr. Speaker. I can remember in the work that I was doing I laud, in the spirit of my colleague who sits as the Minister responsible for the reform, the amount right in front of me, with his initial remarks. I am almost of general citizens who came and gave submissions tempted to add, but I will not. I will resist the tempta- to the Ministry, who were passionate about the city, tion and let his words stand as the message of the passionate about how the city needed to change to be day on that matter. Members certainly on this side of more embracing and more easy on the eye and easy the House know my working commitment in that area. on the usage, creating spaces that could be more So I will leave it at that. friendly to visitors and Bermudians alike, making the But what I will say is that, as with that particu- city a much friendlier place environmentally, as well as lar matter, certainly all the congratulations that have infrastructure-wise. been given today to the historical events of last night The reality is that despite the work of the out- are well placed, because it is another step in the de- going administration there are some significant infra- mocracy that this country has, over the last umpteen structure issues that the city needs to address, such decades, embraced. It is unfortunate that it did not as sewage, water, the use of energy—all these things, come earlier for the municipalities. I feel very happy to as well as the use of the dock, which we know that have played a meagre role in starting that process as there is work in that area to be done. And they are a part of this Government, and it was successfully working with the Government and other parties, brought about by the work of my honourable col- stakeholders, to address a potential further develop- league, the Honourable Zane De Silva, Honourable ment of the Front Street area and the dock area. Member, and the Honourable Deputy Premier, Mr. I would also suggest that there is work to be Burgess, who all had responsibility for this reform and done to rejuvenate some of the economic vibrancy of helping to bring these steps about. Hamilton. In my view, some aspects of Front Street I do remember the interesting events that took are essentially dead on arrival. There needs to be place when that legislation was brought to this House some encouragement, particularly with those who own and some of the hostilities that seemingly pervaded properties on Hamilton, from the Corporation to go around the issue of that legislation. But let that be his- through a process of rejuvenation that can make tory, and let that history rest in peace because here Hamilton, and particularly the Front Street area, which we are, it is a new day and a little bit more of democ- has been the traditional and historic commercial cen- racy has come to Bermuda with the success of team tre of retail and other activity, to be brought into the Hamilton and also the success in St. George’s not twenty-first century without losing its historical look only to the Worshipful Mr. Bascome, but other young, and character. These are some of the things that I bright members in the St. George’s community—Ms. hope that the new Corporation team addresses. 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Not only that, the obvious question, I think, is, How are they are going to address the imbalance of Hon. Zane J. S. De Silva: Yes, Mr. Speaker. attention that the people of North Hamilton have his- Mr. Speaker, as I did specifically outline some torically received over the years? These are the ques- minor details earlier today with regard to the elections tions that I do hope that the new administration, Mr. yesterday, I would just like to say, Mr. Speaker, that I Speaker, will put at the top of their list to address. The think that not by any intents and purposes by espe- general public let us know, because we all have an cially Members on this side, but I think that one per- investment in Hamilton, the whole country. So I do son that we have forgotten with these congratulations hope that they continue with the process of openness is the actual former Premier himself, Mr. Speaker, who that has already begun. But I do hope, Mr. Speaker, certainly pushed forward with the change for this leg- that they spend some time on that list of important islation and, of course, as we all know, that was a very issues that pertain to the people of Hamilton. trying time for many of us on this side. I would just like Lastly, Mr. Speaker, I do hope that this Corpo- to reiterate what I said earlier, and that it gives me ration, new Corporation administration, also takes on great pleasure to know that the people in Hamilton a very important issue, to continue the process of em- had their chance to finally speak, Mr. Speaker. And powerment of the citizens who have participated in speak they did. Thank you. this vote for the first time. I do note that from the re- turning results, Mr. Speaker, compared to the 600 or The Speaker: Thank you, Minister De Silva, the Hon- so, or 700 persons who were eligible to vote, about ourable Member from Southampton East Central. perhaps 200 or so participated, perhaps. So that is Any further speakers? clearly a sense that perhaps persons who live in the Madam Premier? boundaries of the city have not quite appreciated yet Is there anybody else before Madam Pre- the value of their participation in this process. Be- mier? cause, frankly, they did not have the opportunity to do Madam Premier. so before. It often takes a bit of education and encour- MEETINGS WITH SPORTING CLUBS agement and (if I can say, and I do not mean this word in a negative way) indoctrination of their new Hon. Paula A. Cox: Thank you, Mr. Speaker. power as citizens to know that at the next cycle, they Mr. Speaker, a few points I would like to touch come out in greater numbers and that that responsibil- on. The first is that what is extraordinary and what is ity that they have should be enforced and they have a also, I think, exhilarating, is that Bermuda still has the new power of opportunity for them. capacity to surprise. I think that too often we get mired I heard somebody saying, Well, they didn’t down in the weeds and we forget the issues that we know. Well, there were a number of persons out there, need to be optimistic and happy about. I believe, trying to ensure that they appreciated their I want to say, Mr. Speaker, that the comments responsibilities. I myself witnessed teams out there I want to make are about some meetings that I have actually canvassing the voters of the area. This is new had over the last couple of weeks. That has been with for the citizens of Hamilton, but it is our duty as citi- presidents of sporting clubs and community club lead- zens—because certainly we in this House appreciate ers. Their concerns and their issues revolve around the value of the political process; that is why we are how they can participate and involve themselves even here—that we help those citizens in the City of Hamil- more in helping to shift the mindsets. They are work- ton to appreciate the new value and opportunity that ing in the trenches with our young people. They see they have with having an opportunity to vote in elec- the challenges first-hand. But they are not just wring- tions like never before. ing their hands in despair. They are seeking to actu- I think this is our duty. It is important that we ally get work done and to help to provide a lift to our help them realise their new power and their opportu- young people. nity to shape the city around the issues that they When you talk to them, Mr. Speaker, they will themselves feel are important, and that, frankly (for say that there are issues with regard to infrastructure, the cities) for most of its history was denied. and they welcome the efforts and the commitment by It is a new day. It is a new opportunity. Let us the Government to provide support on issues pertain- see that it moves forward for the better. ing to infrastructure. Not just talking about clubhouses, Thank you, Mr. Speaker. but also talking about just even providing tools and equipment, and they will seek to get the labour. The Speaker: Thank you, Mr. Roban, the Honourable But, Mr. Speaker, what they also are bedev- Member from Pembroke East. illed with and challenged by as they seek to shift the Any further speakers? mindset and to seek to impact the landscape is that I now recognise the Honourable Member, Mr. they are also wrestling with some of the difficult is- Z. De Silva, from Southampton East Central. sues. They need to be financially sustainable, but they Minister De Silva, you have the floor. recognise in many cases that they do not want to House of Assembly Official Hansard Report 11 May 2012 2021

have to be reliant on just the bar receipts. They are around the world to see, Is there any way I can get a trying to find ways to generate income, to have in- piece of that action? come and also to provide support like homework Mr. Speaker, the Minister of Business Devel- clubs. They are also seeking, Mr. Speaker, to find opment and Tourism, and his team, and Director on ways to involve more members of the community. Business Development, is working collaboratively with They said that they have found that over the last few the Treaty Unit, whose representatives you saw here years they have had less volunteers and the work has this morning with their delegation from Qatar. I just devolved to only a few people. want to provide some assurance to Honourable Mem- But, Mr. Speaker, what is important is the fact bers of this House and to Bermudians that the neces- that they have not given up on their community. They sary action and further collaboration will continue as have not given up on their young people. That is what we seek to make sure that we protect Bermuda’s na- I meant, Mr. Speaker, when I started out with the tional economic interests in the interests of Bermudi- comments about the capacity to surprise. ans. Now, let us just shift emphasis somewhat and Thank you, Mr. Speaker. shift in terms of a different scenario. Everyone, proba- bly almost to a man or woman, has expressed in The Speaker: Thank you, Madam Premier. some way or other through representatives of respec- The House stands adjourned to Friday next at tive parties that are here, the interest about the results 10:00 am, Friday next at 10:00 am. of last night’s election. Mr. Speaker, you know, what is the game changer is the fact that we are seeking, and [Gavel] this Government has sought, to reform our corpora- tions. It takes awhile for people to sometimes realise [At 12:19 pm, the House stood adjourned until 10:00 the power has been given back to them. But it is im- am, Friday, 18 May 2012] portant, as the power has been given back to them, that they must exercise their right to vote. It is so very important, because you see the impact it has. People are starting to exhale because they have an expecta- tion with a change as to what will result. You had a group that sought to bring different interests together and muddle and put a wrap around it, the idea of the team Bermuda. That, Mr. Speaker, is what it has to be about, especially when there are these difficult and challenging times. Take the egos out of it, take the self out of it, and let us work for the betterment of Bermudians and Bermuda.

US FOREIGN ACCOUNT TAX COMPLIANCE ACT

Hon. Paula A. Cox: Now, Mr. Speaker, on a much more esoteric topic, but yet one that is still keenly im- portant, the Opposition Member raised the question of the legislation that has been passed. Bermuda is in a fortunate position, but Bermuda cannot be in a com- placent position. We have a longstanding Tax Infor- mation Exchange Agreement [TIEA] with the US. That helps with regard to exchange of information. You also have . . . Mr. Speaker, as part of the (I suppose) implementation of TIEAs, it has required on request that we exchange information. There is now an attempt to make that manda- tory and almost just by removing the checks and bal- ances and saying Automatic Exchange of Information. Tax information is so key, particularly as you look around the world where those countries that made a mistake and focused on austerity instead of growth and investment, they are desperate to try and recoup revenues. So they are trying to go after anyone. They are looking with a lean and hungry eye at companies

House of Assembly 2022 11 May 2012 Official Hansard Report

House of Assembly Official Hansard Report 18 May 2012 2023

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT 18 MAY 2012 11:03 AM Sitting Number 23 of the 2011/12 Session

[Hon. Stanley Lowe, Speaker, in the Chair] PETITIONS

PRAYERS The Speaker: There are none.

[Prayers read by Hon. Stanley Lowe, Speaker] STATEMENTS BY MINISTERS

CONFIRMATION OF MINUTES The Speaker: I am going to take the Honourable and [Deferred] Learned Member, Minister M. Scott, from Sandys North. The Speaker: The Minutes for the 11th of May have Minister Scott, you have the floor. been deferred, so there is no confirmation. ESTABLISHMENT OF A CISCO LOCAL ACADEMY MESSAGES FROM THE GOVERNOR IN BERMUDA: AN UPDATE

The Speaker: There are none. Hon. Michael J. Scott: Mr. Speaker, thank you. Mr. Speaker, I rise this morning to provide ANNOUNCEMENTS BY THE SPEAKER additional information for Members of this Honourable OR MEMBER PRESIDING House with respect to Cisco Academy, Bermuda, an extremely important initiative which was announced by the Government in the Speech from the Throne APOLOGIES that was read by His Excellency the Governor in No- vember of last year. The Speaker: Members who are absent from today’s Mr. Speaker, I am pleased to advise this Hon- proceedings are still attending the CPA [Common- th ourable House and Honourable Members that the wealth Parliamentary Association] 37 Regional Con- Cisco Academy Bermuda steering committee, led by ference in Jamaica. I called the names of those Hon- Mr. Michael Oatley, Director of our Information Tech- ourable Members last week: Ms. D. Butterfield, the nology Office [ITO], has been fastidious in its efforts to Honourable Member, Mrs. Gordon-Pamplin, and the promote this initiative, initially advanced by my imme- Honourable Member, the Government Whip, L. diate predecessor as Minister of Government Estates Foggo. Minister Minors has returned; she is with us. and Information Services, the Honourable Member D. The Honourable Member, Mr. T. Lister, was also a Neletha Butterfield, JP, MP. part of that delegation. Mr. Speaker, Cisco Academy Bermuda was Also, I just wish to reiterate that we deferred officially launched at the Bermuda College on Mon- the opening of our proceedings to eleven o’clock this day, the 7th of May 2012, by the Honourable Paula A. morning because of the farewell ceremony that was Cox, JP, MP, Premier and Minister of Finance. Also in held in Cabinet Grounds for the departure of His Ex- attendance upon this auspicious occasion were the cellency the Governor. So we gave Honourable Mem- Honourable Dame Jennifer M. Smith, Minister of Edu- bers enough time to enjoy the farewell proceedings. cation; the aforementioned Honourable D. Neletha Thus, we decided to start at 11:00; so that that can go Butterfield; Mr. Walton Brown, Chairman of the Ber- also into our official Hansard. muda College Board of Governors; Dr. Duranda Greene, President of the Bermuda College; Dr. Irving MESSAGES FROM THE SENATE Berkowitz, Vice President, Academic, Bermuda Col- lege; Mr. Navid Ghandeharioun, who is the Cisco Sys- The Speaker: There are none. tems Territorial Manager for Latin America and the Caribbean. PAPERS AND OTHER Mr. Speaker, a number of our private sector COMMUNICATIONS TO THE HOUSE partners, to whom we owe a great deal of gratitude with respect to the Cisco Academy Bermuda initiative, The Speaker: There are none. were also in attendance for the launch. Private sector House of Assembly 2024 18 May 2012 Official Hansard Report

partners in attendance included Mr. Alex Cutler, Direc- Satterfield, Cisco Vice President TelePresence Video tor of Orbis Investment Management Limited, and Mr. Sales, and Cisco’s Mr. Greg Skinner, the Sales Man- Andrew Parsons, the Chief Executive Officer of ager CANSAC (Central America, North South America BELCO. Key stakeholders of Cisco shops are these and Caribbean), along with Mr. Ghandeharioun and partners. Mr. Ian Cook, the General Manager of CCS Group Mr. Speaker, the presence of our private sec- Limited, as also in attendance on Wednesday. tor partners signalled their commitment and full sup- Upon arriving and advancing the Cisco Acad- port of our efforts to provide Bermudians with required emy Bermuda, the Cisco Systems, Inc., representa- training in the vastly important and dynamic realm of tives lauded Bermuda and pledged their organisa- information technology. Mr. Ghandeharioun’s remarks tion’s ongoing support for the initiative. Indeed, the at the launch cemented the fact that Bermuda on this Ministry of Government Estates and Information Ser- day became a member of the world’s largest class- vices looks forward to a long and fruitful association room. As I have stated in previous Ministerial State- with Cisco Systems, Inc. ments, as of July 2011, there are 10,000 Cisco Acad- Mr. Speaker, in conclusion, I would like to ad- emies operating in 165 countries. As of May 7, 2012, vise Members of this Honourable House and mem- Mr. Speaker, those numbers were amended to 10,001 bers of the public that CITV will soon air a magazine and 166, respectively. chat, a discussion that I recently hosted with Messrs Mr. Speaker, on the 10th of May, I had the dis- Ghandeharioun and Lightbourne on the benefits and tinct honour of addressing Hamilton Rotarians at their global applications of Cisco certifications. I invite per- weekly luncheon held at the Royal Hamilton Amateur sons to tune in to CITV from the 21st to the 27th of May Dinghy Club in Paget on the topic “The Cisco Acad- at 11:00 am and 6:00 pm and 6:30 pm. Information is emy Bermuda.” Sir, in my address I highlighted the also available on our Facebook page at dependence of our local companies on Cisco network- www.facebook.com/CiscoAcademyBermuda. ing systems and products which, for example, sup- Mr. Speaker, thank you. ported the routing and switching engineering by BELCO (our sole energy provider), in addition to sup- The Speaker: Thank you, Minister Scott, the Honour- porting its IT platform. I also informed Rotarians, Mr. able and Learned Member from Sandys North. Speaker, that similar Cisco systems supported video- I now recognise the Honourable Member, conferencing platforms linking international companies Minister W. Perinchief, Pembroke Central. to their worldwide offices. I wish to thank the Bermuda Minister, you have the floor. Sun for publishing the full text of my speech the very same day. EXERCISE RUM RUNNER BERMUDA REGIMENT Mr. Speaker, on Monday, the 14th of May OVERSEAS CAMP 2012 2012, an information session was held at the Ber- muda College for persons interested in acquiring their Hon. Wayne N. M. Perinchief: Mr. Speaker, I am Cisco CCNA [Cisco Certified Network Associate] certi- pleased to inform Honourable Members and the gen- fication. This session provided details on the course, eral public of the success of Exercise Rum Runner, curriculum, the application process and the prerequi- the Bermuda Regiment 2012 overseas camp in Port- sites. Ms. Alison McIntyre, the Programme Coordina- land Parish, Jamaica. [There were] 120 soldiers from tor of our sister academy, the HEART College of In- the Bermuda Regiment [who] participated in the two- novation and Technology in Jamaica, Skyped in and week training exercise that began on April 29th and provided persons present with course details that ended on the 12th of May. The exercise was designed could only have been provided by an experienced to teach, confirm and develop the soldiers’ basic and Cisco instructor. We continue to be indebted to Ms. advanced military skills and to give the soldiers the McIntyre, who is expected to arrive in Bermuda this opportunity to experience the unique challenges and weekend in order to assist in the training of our in- opportunities that the rural environment of Portland structors for the Cisco Academy Bermuda. offers. Mr. Speaker, in addition to Ms. McIntyre, I Mr. Speaker, the exercise was conducted in wish to thank other presenters at that 14th of May ses- three phases: training and preparation, a three-day sion, including ITO Director Mr. Mike Oatley; Mr. field training exercise and, finally, adventure training. Shawn Lightbourne, Ms. Jonelle Steede, both Assis- In the training and preparation phase, the soldiers tant Directors of ITO; Mrs. Evelyn James-Barnett, Di- were trained in both arms and jungle skills. Soldiers rector of Communications of Bermuda College. Mr. used their issued weapons and were also tutored on Speaker, I am pleased to declare that there were ap- specialist weapons such as shotguns, machine guns proximately 50 persons present at the information and riot weapons, on intermediate- and long-field session, and indeed an excellent response to our ten- ranges. der for interested applicants. The Jamaica Defence Force [JDF] Special Mr. Speaker, on Wednesday of this week, I Forces conducted survival training and taught conven- had a most encouraging meeting with Mr. Larry tional warfare tactics. Mr. Speaker, during this first House of Assembly Official Hansard Report 18 May 2012 2025

phase, the troops experienced daily torrential down- from the Guns and Assault Pioneers Unit made sig- pours and were wet for most of the time, an experi- nificant repairs to the Portland Infirmary. Similar to the ence most had never had before. Although they had soldiers in the field, these soldiers had to create a been briefed on kit preparation and personal admini- plan, work together, suffer the harsh environment and stration in the field, many of the soldiers failed to pre- demonstrate ingenuity and resourcefulness to achieve pare themselves adequately. The hardship experi- their objectives. The staff and residents of the facility enced as a result was largely self-imposed and be- were most grateful, and the Mayor of Port Antonio and came an eye-opener for most. With experience as local dignitaries visited the site to pay a special thanks their teacher, many of the soldiers enthusiastically to the members of the Regiment. implemented further advice given to them. This phase Mr. Speaker, during the second week of the also proved a challenge for some commanders, as exercise, I visited the troops, along with His Excel- their leadership abilities were truly tested. lency the Governor. I found them to be in good spirits With the necessary preparation and training and thoroughly benefiting from the training opportuni- complete, soldiers moved on to stage two of the exer- ties afforded in Portland. The aim of all overseas cise. Mr. Speaker, the three-day field training exercise camps is always for the Regiment to do everything it was a platform to test the Regiment’s command and cannot do in Bermuda. In my experience, Mr. control element, from the commanding officer down to Speaker, the soldiers of the Bermuda Regiment al- the most junior commander. The soldiers went three ways take full advantage of what the host nations days traversing the area, combating a simulated en- have to offer in order to comprehensively challenge its emy force that were refining and distributing narcotics. capabilities individually and collectively, and provide a Soldiers were exposed to military problem-solving and solid grounding for intermediate and advanced sol- operational planning, all under arduous and sodden diering skills. conditions. The field training exercise tested their tac- The camp finished off with the customary rest tical knowledge and leadership skills. Vast improve- and relaxation period in Montego Bay. While there, ments in these military skills were noticeable over the Ms. Hazel Dalley (a local dignitary and respected sen- period. ior member of the community) provided hospitality to Tactical ability alone, however, would not those soldiers who needed refreshments or just have been enough to complete their task. Many of the someplace inexpensive to relax. soldiers were pushed far beyond their comfort levels, Mr. Speaker, despite directives to abstain and it was their personal attributes that allowed them from illegal activities and being informed of the many to persevere. Mr. Speaker, in the trying conditions that extensive searches of all kits and equipment, unfortu- they were operating in, it would have been very easy nately, during the return to Bermuda, a private soldier to let fatigue or emotion control their judgment. But the was arrested at Sangster [International] Airport and soldiers responded with tenacity, self-motivation and charged with possession of cannabis. On Monday, both mental and physical robustness. The young sol- May 14, he appeared in a local court and was fined diers demonstrated qualities that are constantly the equivalent of BD$103 Bermuda dollars. I believe it preached as the virtues of our society. By the end of was something like J$9,000 Jamaican dollars. The the field training exercise, they were all justly proud of soldier returned to Bermuda via Miami on May 16 and what they had achieved. will be disciplined according to Regiment policy. The three-day Portland Patrol competition Mr. Speaker, this issue aside, there was a following the field training exercise saw the soldiers noticeable improvement in command and control, as compete in nine military skills, including medical there were very little disciplinary issues, a testament evacuation, ambushes, abseiling and close quarters to the soldiers and their commanders. Exercise Rum battles. This competition also required physical ro- Runner was a success, as it tested all soldiers in an bustness, mental agility, teamwork and effective unfamiliar environment, requiring them to work to- communication. To add to the challenge, the competi- gether as a team in order to accomplish numerous tion was stretched over 19 kilometres, with soldiers tasks. In particular for the newer soldiers, the experi- each carrying kits weighing 30 to 40 pounds. The sol- ence was generally very positive, as they were not diers again rose to the challenge. just tested as members of the military, but as young The last days of Exercise Rum Runner was members of society. They each proved that they have an adventure training package which required the sol- much to offer Bermuda when trained properly and diers to learn how to build a local river raft and negoti- given the opportunity to demonstrate their potential. ate their way down the Rio Grande River. This was a Mr. Speaker, I also wish to recognise the in- thoroughly enjoyable experience for all the soldiers, valuable operational assistance of the Jamaican De- who found the cool river a welcome change from the fence Force, the JDF. Mr. Speaker, the Bermuda heat of the jungle. Regiment counts the JDF as a trusted and first-class Mr. Speaker, as in previous years, the Ber- military organisation. The overseas camp simply could muda Regiment was able to give back to the Portland not happen without them. The Bermuda Regiment is community during its two-week stay. Four soldiers to be commended for the professionalism demon- House of Assembly 2026 18 May 2012 Official Hansard Report strated during the course of this exercise. I am confi- Work has already commenced to define the criteria for dent that all soldiers were able to take something entry into the programme for specific accountant des- positive from the experience. ignations—namely, the CMA, the CPA and the ACCA. Thank you, Mr. Speaker. Consultation with industry stakeholders is planned as part of the programme development. The Speaker: Thank you, Minister Perinchief, the Mr. Speaker, the aim of the initial programme Honourable Member from Pembroke Central. is to upgrade the skills of persons that fall into a num- I now recognise the Honourable Member, ber of categories. These include professionals with Mrs. P. Minors. undergraduate degrees in accounting who are uncerti- Minister Minors has the floor. fied; persons with undergraduate degrees in business who may or may not have accounting experience, but Hon. Patrice K. Minors: Thank you, Mr. Speaker. have an interest in and/or a need to reinvent them- selves; recent college graduates that need to special- The Speaker: Minister Minors from Smith’s North. ise in order to become marketable; and persons with Minister? accounting or business experience who do not pos- sess undergraduate degrees, but who have a need RE-TRAINING SCHOLARSHIP FUND ESTAB- and/or a desire to achieve an accounting designation. LISHED WITH BERMUDA COLLEGE The scholarship funds will be used to under- write the cost of the certification process, inclusive of Hon. Patrice K. Minors: Mr. Speaker, I am pleased to tutorials, for up to two years of study for qualifying rise this morning to inform this Honourable House Bermudians. Mr. Speaker, other certification pro- about the launch of a $500,000 retraining scholarship grammes will be identified and implemented in similar fund established with the Bermuda College to be used fashion. Mr. Speaker, the college will administer the to upgrade the skills of Bermuda’s knowledge-based funds and the scholarship programme on behalf of the workers. Ministry, and collectively, the Ministry and the college will establish the criteria for the scholarships. It is ex- [Desk thumping] pected that the scholarship recipients will be required to adhere to the established criteria in order to con- Hon. Patrice K. Minors: This fund was established tinue to receive funding. pursuant to a Memorandum of Understanding with the In closing, Mr. Speaker, I trust that it is clear Bermuda College. Mr. Speaker, the Memorandum of that the Ministry recognises that training, in terms of Understanding establishes an understanding and co- time, effort and expense, is an investment that will pay operative working relationship in key areas to assist dividends in securing employment and future career with professional training and certification. The gen- advancements for the people of Bermuda. I, therefore, eral intent of the partnership is to upgrade the skills of take the opportunity to encourage Bermudians to rec- underemployed and unemployed persons in Bermuda, ognise the value of certification and specialisation as specifically as it relates to professional areas, where an integral part of meeting the needs of the labour the need is greatest, given Bermuda’s sophisticated market, both now and in the future. The Ministry will economy. do all that it can to ensure that Bermudians are given As part of the Government’s workforce devel- every opportunity to prepare and compete for avail- opment strategy, the Ministry has identified a need for able jobs. Learning is a continuous process, and our training in key areas that are important to sustaining goal is to assist all interested persons in growing and our economy. These include, but are not limited to, upgrading their skills. accounting, information technology, secondary educa- Thank you, Mr. Speaker. tion, nursing and other niche areas specific to the in- ternational business sector. Mr. Speaker, the college The Speaker: Thank you, Minister Minors, the Hon- will work collaboratively with the Ministry and relevant ourable Member from Smith’s North. industry representatives to identify appropriate profes- Any further Statements? I now recognise the sional certifications to meet the needs of the job mar- Honourable Member, Minister M. Bean, from Warwick ket. Where programmes and courses are not offered South Central. in the college, the college will provide instructional Minister, you have the floor. management services to the Ministry and assist in identifying suitable local and/or overseas training pro- TELECOMMUNICATIONS REFORM viders. Mr. Speaker, Honourable Members will be Hon. Marc A. R. Bean: Thank you, Mr. Speaker, and aware that there are close to 600 active work permits good morning. in accountants and auditors. It is therefore envisaged Mr. Speaker, I rise this morning to update and that the first programme for which scholarships will be advise this Honourable House of the status of work provided is in the area of accounting certification. with respect to the implementation of reform in the House of Assembly Official Hansard Report 18 May 2012 2027

telecommunications industry. Some of the Members in the recently passed legislation. Mr. Speaker, just of this Honourable House may have heard or read the recently, my Cabinet colleague supported my request content of my press conference yesterday, and today I to retain the services of a private sector expert in the would like to expand on the major messages that field of telecommunications law and economics. This were contained in the address, and also to ensure that support will translate into the production and delivery the message from yesterday is reinforced. of another set of key milestones to progress the re- Members of this Honourable House will recall, form of the industry. Moreover, Mr. Speaker, this sup- Mr. Speaker, that in November of last year I stood port demonstrates and affirms the commitment from before you and led the debate on behalf of my Gov- this Ministry on behalf of the Government of Bermuda ernment to secure approval for the Electronic Com- to attracting and retaining foreign direct investment in munications Act and the Regulatory Authority Act. this critical industry. These two milestone pieces of legislation were the This private sector support, which has been signal of this Government’s commitment to establish- sourced from both the United States and the United ing a framework that will enable the telecommunica- Kingdom, will be responsible for providing the needed tions industry to move into the twenty-first century. expertise to deliver the final products attached to the This legislative step was an important one and one major work-streams that will define the progress to- that will lead to the issuance of Bermuda’s first Inte- wards reform. These include an economic assess- grated Communications Operating Licence (or ICOL). ment of the current market and the dominant positions Issuing the first ICOL remains a major milestone of held by particular players. This assessment will con- the telecommunications reform. But in order to get to firm where the significant market power (or SMP) lies this stage, there are a number of significant steps that and will, in turn, inform the process of establishing the will be accomplished along the way. structure and content of the future licences. Mr. Speaker, allow me to share with this Hon- Mr. Speaker, another key area of work that ourable House what has been accomplished to date, will be completed in the next few months will be a what the next steps are and when we can expect to comprehensive spectrum audit. The outcome of this see further progress on the way to full implementation work will be of major interest to the market, as well as of this reform, as envisioned by the architects of the this Government, as there is a spin-off in the form of a plan. new revenue stream for Bermuda. Again, this is what It was in this very place just a couple of our Premier has requested—that is, to identify and months ago that I stood before you during the 2012/13 generate new sources of revenue to fund our national Budget Debate and made the case for the allocation growth and development. In another section of my of $1.5 million to my Ministry and, by extension, the Ministry, we call it economic sustainability. Department of Telecommunications, so that the im- Mr. Speaker, it is not appropriate in this set- plementation plans for reform would be funded as re- ting to share the technical details associated with the quired. Those funds became available as of April 1st other key work areas to be undertaken in the next few this year. Mr. Speaker, since then, and with the bless- months as we strive towards full implementation. ing of my Cabinet colleagues, the Ministry has begun Nevertheless, I shall mention that the other major de- the search for a chief executive officer to head up and liverables include establishing an effective customer- lead the soon-to-be-established Regulatory Authority. friendly framework that will facilitate the movement of This local and international search has identified a your phone number, mainly your cell phone number, healthy range of qualified candidates, and I expect from one carrier to another. In the industry, it is called that I will be able to make an announcement regarding local number portability. We shall also establish the the appointment towards the end of July this year. It guidelines within the marketplace for access and in- might be announced just before Somerset, Mr. terconnection by and between all of the telecommuni- Speaker, regains the cup in Cup Match. cations carriers. Mr. Speaker, once these steps are com- [Laughter and inaudible interjections] pleted—and I expect that they will be around Novem- ber—I will be close to issuing the first ICOL. Members Hon. Marc A. R. Bean: I am just waking you up. of this Honourable House will be aware that issuing The appointment of a chief executive officer the first ICOL signals to the industry that Bermuda has will signal another major milestone along this road to moved into the modern era of telecommunications. At reform. The CEO will have full responsibility for this stage, I can commit to issuing an ICOL no later breathing life into the Regulatory Authority. The CEO than March 31, 2013. As the Ministry fully engages will be supported by a team of professional staff with and mobilises the technical and professional expertise expertise in the fields of law, engineering and eco- in the coming months, we shall be working diligently to nomics. deliver in advance of this critical date. Nevertheless, it Mr. Speaker, in addition, my colleague, the is my fervent wish that we would achieve that mile- Minister of Justice, will soon be invited to appoint the stone by December of this year. In this regard, I shall four Telecommunications Commissioners, as set out be providing an update at the beginning of October of House of Assembly 2028 18 May 2012 Official Hansard Report

this year. In the meantime, there is much to be done, ing the industry in this process, and we expect that the and the support of the industry will be pivotal to our industry will play its part in this partnership. But let us ability to hit this target. be clear, Mr. Speaker. The industry’s commitment to Mr. Speaker, you and the Members of this its role and responsibilities in this process is equally Honourable House are probably well aware of the po- important to the pace of progress towards full imple- tential growth in this vital industry. Bermuda has one mentation. of the highest per capita levels of residential Internet Mr. Speaker, there may be a perception that connectivity and cell phone usage in the world. Our some players in this industry have been testing the local and international business clients depend on an boundaries of their respective licences. While this may efficient and effective telecommunications industry, be debatable, what is not debatable is that directing and my colleague, the Honourable Wayne Furbert, energy, scarce and valuable resources towards litiga- has no doubt been reminded about the value of the tion does very little to contribute to the progress to- telecommunications infrastructure in the corporate wards the reform that we are all striving for, and the decision making to domicile in Bermuda. Therefore, reform that Bermuda deserves. This industry—and our strides towards reform are also driven, in part, by indeed our current and future commercial and resi- the needs of our current and prospective corporate dential clients—require that our efforts be squarely citizens, as well as the many Bermudians and resi- focused on the implementation of the plans for reform dents that have come to depend and rely on efficient and the issuance of the first ICOL. This will enable the and cost-effective telecommunications services. vision contained in the work that led to the new legis- This Ministry is well aware of the importance lative framework to be realised by March 31, 2013, at and the valuable role that the telecommunications in- the very latest. dustry plays in our macroeconomic sustainability. Mr. Speaker, I look forward to addressing this Alongside this importance is the need to ensure that Honourable House in the near future with updates on the Bermuda customer base, both commercial and our progress towards our important goal to fashion an residential, and investors in the industry are able to efficient and effective regulatory regime that creates experience both value for money and a return on any the conditions in which businesses can thrive while investment. The Ministry takes the view that the Gov- protecting the public interest. ernment, as regulator of this industry, should be an Thank you, Mr. Speaker. enabler and a facilitator that operates with minimal intervention, one that operates, Mr. Speaker, with a The Speaker: Thank you, Minister M. Bean, from light touch. Warwick South Central. In addition, Mr. Speaker, many of you have Any further speakers? heard me say on more than one occasion that if we I now recognise the Honourable Member, Mr. cannot help you, we will not hurt you. We also believe, W. L. Furbert. Mr. Speaker, that the customer is king and that the Minister Furbert, from Hamilton West, has the Ministry should create and clear the way for this dy- floor. namic and evolving industry to be driven by the invisi- Minister? ble force of competition. This was a lesson from my high school economics teacher, and I believe that the TOURISM BOARD ACT 2012 principle has stood the test of time. Moreover, if you consulted with the Minister of Finance, I expect that Hon. Wayne L. Furbert: Thank you, Mr. Speaker. she also would agree. Through a thorough consultative and review Mr. Speaker, it is well known that the product process, the Tourism Board made a recommendation and service development, as well as customer expec- to the Ministry of Business Development and Tourism tations in this industry, have outpaced the current leg- that a board should be set up to have statutory pow- islative framework, and hence the introduction of the ers. This was also contained in the Board’s strategic two Acts in late 2011. As some of you might know, we imperative report that formed the foundation for the consulted fully with the industry during the develop- upcoming National Tourism Plan. This recommenda- ment of those milestone Acts, and now that we are in tion was received, Mr. Speaker. the implementation phase, we must remain focused A Bill will be laid that establishes a Tourism on the goal of issuing an ICOL as soon as possible. Board Act. The purpose and objective of the Bill is to All telecommunications industry service pro- give the Board statutory powers to develop and pro- viders will have a role to play as we strive towards full mote Bermuda as a tourism destination. The Board implementation of reform, and we regard our relation- achieves this objective under the Bill by giving expert ship as a partnership. Of course, they will be invited to advice to the Government on matters relating to travel contribute constructive and critical input from their and tourism, by formulating strategies and pro- perspective on many of the specifics in the key work grammes, and effectively managing outcomes neces- areas that will need to be completed before an ICOL sary to enhance the travel and tourism sector contri- can be issued. This Ministry has committed to includ- butions to the Bermuda economy. House of Assembly Official Hansard Report 18 May 2012 2029

Mr. Speaker, the Board will consist of 16 Mr. Speaker, Bermuda Day began on Mon- members: a chairman appointed by the Minister, eight day, with me being interviewed on the top-rated morn- members appointed by the Minister, five members to ing show of Karlson & McKenzie on WZLX-FM in Bos- be appointed by the Bermuda Hotel Association ton. This was followed by an intimate media luncheon (BHA), the Executive Office of the Chamber of Com- at the Boston College Club, during which I was able to merce, the President of the Bermuda Industrial Union share important news pertaining to Bermuda’s tourism and four ex officio members, Mr. Speaker. The tenure product. Of special interest was the Island’s new of office of members of the Board will be three years. “Quaint Hotels of Bermuda” initiative, which highlights The members will be eligible for reappointment. The the Island’s medium-sized accommodations. Promo- Bill will also provide for the appointment of committees tion of these properties is imperative, as they are consisting of Board members or other persons. The highly linked on the Island’s cultural heritage, one of Bill will make provisions for the appointment of a chief the key drivers behind Bermuda’s tourism industry. executive by the Board, with the approval of the Minis- Furthermore, the luncheon was supplemented with a ter. The chief executive will be responsible for the dedicated “Quaint Hotels” press trip in early May. proper administration and management of the func- To elevate awareness of our tourism offerings tions and affairs of the Board in accordance with the even more, the Bermuda Department of Tourism or- policy laid down by the Board. Additionally, the Bill will ganised a special travel agent network event designed provide for the Board to appoint such agents, officers to bring together our hotel partners and our valued and employees as may be necessary for the purpose agents to help bring business to our Island year after of the Bill. year. Beyond our media and trade events, we truly Mr. Speaker, there will also be provisions for brought Bermuda to Boston, as we arranged for one the funds of the Board. The fund of the Board will of our world-famous Gombey dance troupes to per- consist of sums appropriated by the legislature for the form throughout the area surrounding the Boston Red purposes of the Board and a tourism guest fee, which Sox Fenway Park. While they danced to the rhythm of is based on the tourism fund model that was estab- the drums, a marketing team dressed in Bermuda’s lished through a Memorandum of Understanding be- trademark pink colour provided pedestrians in the tween the Government and the Bermuda Hotel Asso- heavily trafficked areas with information on our distinc- ciation. The Bill will also include provisions for the tive tourism product. making of regulations by the Minister, as well as stan- Mr. Speaker, as part of our valued partnership dard financial provisions, including the financial year with the Boston Red Sox, I was granted the esteemed (31st of March of each year), the accounts of the honour to sing the American national anthem at the Board, and an annual report and statement of ac- Red Sox game, with two fellow Bermudians, recording counts of the Board. It will also include the provisions artist Tricray Astwood and producer Steve Easton, in for the Minister to submit a copy of the annual report front of an audience of 39,000 and two million televi- and statement of accounts before both Houses of the sion viewers. In keeping with the Bermudian theme of Legislature. the evening, one of our own Gombeys, Shawn Mr. Speaker, the Government is committed to Caisey, threw the first pitch of the night. To add even implementing the necessary resources required to more worth to this very special partnership, the Red develop and grow the tourism sector. Sox brand promoted our destination through a variety Thank you, Mr. Speaker. I have one more. of their advertising and publicity platforms. We believe our participation enhanced awareness of Bermuda. The Speaker: Thank you, Minister Furbert. Earlier that afternoon, I was also interviewed Minister Furbert has a further Statement. by popular new Red Sox in-game broadcaster Jenny Go ahead, Minister. Dell. That interview was aired on NESN [New England Sports Network] during the game. Excerpts of the an- BERMUDA’S LATEST TOURISM MARKETING INI- them rendition were also aired during the game. Mr. TIATIVES IN BOSTON AND U.S. EAST COAST Speaker, although I was at the game hosting business leaders in the Boston community and others, I felt that Hon. Wayne L. Furbert: Mr. Speaker, Bermuda once it was important to also attend a reception of travel again shone in the spotlight amongst consumers, me- agents. Therefore, I was busy participating in both dia and travel agents in the Massachusetts area, events and going back and forth all night. which continues to stand as one of the most important Mr. Speaker, as you are aware, the Boston regional markets. That being said, I am extremely market is of particular importance during our upcom- pleased to share that this week we celebrated our ing season. As JetBlue recently reintroduced its non- third Boston Red Sox “Bermuda Day” partnership. stop service from Boston Logan International Airport This longstanding partnership continues to give the to L.F. Wade International, the service began May 3rd Boston metro area the true taste of Bermudian culture and runs to October 27th. Delta also offers non-stop and travel product. service from Logan International. Bostonians can en- joy our beach after a two-hour flight. House of Assembly 2030 18 May 2012 Official Hansard Report

Mr. Speaker, our Island’s hoteliers will con- Motor Car Act 1951, in its current state, has proven to tinue networking with the industry’s top travel agents be ambiguous in regards to the definition and scope of and media as they finish their tour through Connecti- use of these vehicles. To put it frankly, Mr. Speaker, cut, New York City, Philadelphia, and Washington, the Act is outdated. Such being the case, the Ministry DC, all markets which have great potential to improve intends to clarify the Act so that it is more definitive on our nation’s economy through tourism dollars. Each this matter. event has attracted over 50 high-producing travel Mr. Speaker, the general trucking community agent partners, and I have received extremely positive has voiced that the continued use of dumpster trailers comments from hotels on the success of these has had a crippling effect on their business. On the events. other hand, the dumpster trailer owners maintain that Mr. Speaker, furthermore, I am also pleased they are operating within the confines of the law. To to report that the Bermuda Department of Tourism support their position, the latter group has supplied and its hotel partners have extended the “Sizzling numerous legal opinions to verify their claim. Summer” promotion, which invites visitors to save on Mr. Speaker, the Ministry has heard the pierc- their next trip to our famed pink sand beaches through ing and persistent cries of the general truckers and a value pack destination-wide deal valid through late acknowledges the legitimacy of a portion of their ar- October. gument. However, it must be pointed out that, over Mr. Speaker, the Ministry, along with a team time, the state of the trucking industry in Bermuda has of Bermuda tourism, will continue to support the tour- been adversely impacted by a number of factors, one ism industry and remain committed to work toward the of which is the dumpster trailers, but there are also ultimate improvement of visitors’ numbers for the Is- several other factors that have had an adverse impact land. on the general truckers. Firstly, the economic down- Thank you, Mr. Speaker. turn has hit them very hard, as in the case with most businesses. Apart from the dumpster trailers, one ANNOUNCEMENT BY THE SPEAKER variable that has impacted the truckers’ bottom line is the technological changes. In any industry, it is impor- HOUSE VISITORS tant to keep up with technological advances and apply them, when feasible, in order to remain relevant. The The Speaker: Thank you, Minister Furbert, the Hon- initial investment may be financially taxing, but in due ourable Member from Hamilton West. time, it pays off in the long run. Just before I take the next Ministerial State- Flowing with the tide of innovations, some ment, I just wish to recognise and acknowledge the general truckers have made their business more vi- presence of the Christ for the Nations mission team, able by purchasing vehicles that include a crane. who are sitting in our Gallery. They are all dressed These cranes are used to hoist heavy items, such as alike. Honourable Members, if you look high enough, cement blocks in one package without having to as- you will see a well-known Bermuda face sitting sign manpower to load or unload each block one by amongst them, President Carolanne M. Bassett, one. In fact, Mr. Speaker, at one time general truckers President of the Senate, who is also with them. also hired a helper to assist with the loading and Welcome to Bermuda, again, and we are de- unloading of their cargo. lighted to have you! We hope that you enjoy our pro- ceedings this morning. [Crosstalk] I now recognise the Honourable Member, Minister Burgess. [Gavel] Minister Burgess, from Hamilton East, you have the floor. The Speaker: The Minister is on his feet. Minister? Carry on, Minister Burgess.

STATEMENTS BY MINISTERS Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. [Continuation thereof] Streamlining the loading and unloading proc- ess is now not only easier, but less expensive. DUMPSTER TRAILERS Mr. Speaker, another recent trend in the truck- ing industry worldwide is the use of hook bins. These Hon. Derrick V. Burgess, Sr.: Thank you, Mr. items are large bins that are attached to the chassis of Speaker. a heavy truck, which can be left at a site for the cus- Mr. Speaker, there has been an ongoing dis- tomer to load at his or her own pace and pleasure. cussion, and sometimes very passionate debate, with Once full, the customer contacts the truck operator to respect to the legality and use of dumpster trailers collect the bin. Some truckers have multiple bins, currently registered in Bermuda. Unfortunately, the therefore allowing them to capitalise on their time and House of Assembly Official Hansard Report 18 May 2012 2031

resources because they have access to several sites QUESTION NO. 2 ON TOURISM BOARD ACT at the same time. Mr. Speaker, it is time to level the playing Dr. the Hon. E. Grant Gibbons: Will the Tourism field. By that, I mean something must be done legisla- Board be able to provide direction to the department, tively right now to make the trucking industry fair to all or will it just provide advice which may or may not be players. Therefore, the Ministry will work to produce a implemented? well-crafted, clear and concise piece of legislation that gives everyone an equal opportunity. To that end, we The Speaker: Minister Furbert is going to respond. will continue to engage in the appropriate consultation with all stakeholders to ensure that due diligence is Hon. Wayne L. Furbert: That will be answered when executed. the Bill comes out. Thank you, Mr. Speaker. The Speaker: Is that it? There is a further question The Speaker: Thank you, Minister Burgess, the Hon- from Dr. Gibbons. ourable Member from Hamilton East. Are there any further Ministerial Statements? QUESTION NO. 3 ON TOURISM BOARD ACT We will move on. Dr. the Hon. E. Grant Gibbons: A further question, REPORTS OF COMMITTEES yes. Is the Minister able to answer any questions on the new Board? The Speaker: There are none. The Speaker: Minister Furbert? QUESTION PERIOD Hon. Wayne L. Furbert: Yes, I can. The Speaker: We now come to Question Period. I am going to recognise the Honourable Member, Mr. The Speaker: The Honourable Member, Mr. Simons, Simons. The Honourable Member, Mr. Simons, do you still wish to put the question to the Minister? wishes to put questions to Minister Scott, the Honour- able and Learned Member . . . who is not in his seat. Mr. Nelson H. Cole Simons: Yes. So . . . Dr. Gibbons? The Honourable Member, Dr. The Speaker: The Honourable Member, Mr. Simons, Gibbons, wishes to put a question to the Honourable wishes to put a question to the Honourable and Minister Furbert. Learned Minister M. Scott. Dr. Gibbons? QUESTION NO. 1 ON ESTABLISHMENT OF A QUESTION NO. 1 ON TOURISM BOARD ACT CISCO LOCAL ACADEMY IN BERMUDA

Thank you, Mr. Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Mr. Nelson H. Cole Simons: Speaker. Speaker. This is in regard to the Cisco Academy. I have a question for the Honourable Minister Would the Minister please list the names of on his Tourism Board Statement. The first question is, the Bermuda companies that have made the commit- Mr. Speaker, What will be the relationship between ment to support Cisco Academy training for their em- the Department of Tourism and the new Tourism ployees and for their employees’ professional devel- Board? opment? That is one question. I have two questions.

Well, take it in turn. The Speaker: Minister Furbert is going to respond. The Speaker: Minister? The Minister will respond. Minister Scott. Hon. Wayne L. Furbert: You will see when the Bill comes out. Hon. Michael J. Scott: I thank the Honourable Mem- ber for the question. Doing it as best I can from mem- The Speaker: Dr. Gibbons has a further question. ory, the BELCO (included in my speech), our main and sole energy provider; Orbis Investment and Man- Dr. the Hon. E. Grant Gibbons: I have a second agement; CCS [Group Limited]; Hiscox Insurance question, Mr. Speaker. Company; Ignition [(Bermuda) Ltd]. We have been in touch with CableVision, and they are expressing an The Speaker: Second question. Yes? interest. The level of partnering will be in-kind ser- vices. In one case we have had actual funding pro- vided to help us support the Cisco Academy. The House of Assembly 2032 18 May 2012 Official Hansard Report

other partners with the Government, Mr. Speaker, and Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I rise to the Honourable Member, Mr. Simons, provide both this morning to ask that congratulations be sent to the their expertise of their Cisco engineers, access by our more than 100 graduates at Bermuda College yester- students to them, access of their shops, their Cisco day on their achievement, and also congratulations to shops, so that students may visit their shops or Cisco Mr. Soares, who was the guest speaker. I was particu- platforms within their businesses to gain an under- larly pleased, Mr. Speaker, to see that there were standing of the application of Cisco network support. some 22 technology graduates, which I think is cer- If I have omitted any of the names which I did tainly an increase over previous years and is a good not include in the Ministerial Statement, I will rise and sign, based on training young Bermudians to take table those names. But I have been pleased with the some of these more technical jobs that we certainly level of partnership. need them to fill in on. I would also like to ask that my honourable colleague, Mr. Craig Cannonier, be asso- The Speaker: Thank you, Minister Scott. ciated with those comments. I am sure the Minister of The Honourable Member, Mr. Simons, from Education may be saying something; but if not, asso- Smith’s South, has a further question. ciate her as well. While I am on my feet, I would also like to QUESTION NO. 2 ON ESTABLISHMENT OF A send congratulations to the new President of the CISCO LOCAL ACADEMY IN BERMUDA Chamber of Commerce, Mr. Ronnie Viera, on his ap- pointment, and certainly wish him success in that par- Mr. Nelson H. Cole Simons: How many students ticular role. In addition, I would like to ask that con- does the Cisco Academy intend on taking during its gratulations be sent to the Bermuda Foundation for first year, and how many students have you got lined Insurance Studies for their booklet Careers in Insur- up to date, approximately? ance. Members of the industry are using this booklet when they visit local schools and talk about careers in The Speaker: Minister Scott is going to respond. insurance and reinsurance. I think this is absolutely what we need. It is a great initiative. Hon. Michael J. Scott: Again, I thank the Honourable Finally, Mr. Speaker, I would ask that condo- Member for that relevant question. The opening, or lences be sent to the family of the late Judith Mont- inaugural, accommodations at the Bermuda College— gomery-Moore, a Paget resident. Some will know her at the lab at the Bermuda College—certainly can ac- as the mother of Tom Wadson, the farmer, John commodate up to 15 students. However, on my infor- Wadson, Judith Wadson and Alex. A wonderful lady, mation session that I held earlier this week, some 50 she was, as some people will know, an accomplished students or interested persons were in the room. I sailor. She was also an internationally rated judge for gave an undertaking that we would endeavour to re- the International Federation of Equestrian . . . Fédéra- spond by expanding our accommodations. But given tion Equestre Internationale, I think . . . that Madam Dame and the Minister of Education, through the auspices of Dr. Greene, are doing the [Inaudible interjection] hosting of the accommodations, these logistics will be worked out. As Minister of Government Estates, if we Dr. the Hon. E. Grant Gibbons: FEI—Thank you. have to find other accommodation, I have some influ- But probably more importantly, Ms. Montgom- ence and ability there. ery Moore touched many, many Bermudian children. Some Honourable Members will know that she ran a The Speaker: Thank you, Minister Scott. summer camp for many, many years. Probably at That is it. There are no further questions. That least two generations have gone through that. While concludes Question Period. she could be tough, she was also a very warm- hearted individual as well. CONGRATULATORY AND/OR She supported quietly a number of things, OBITUARY SPEECHES from Masterworks Museum of Bermuda Art to work that was done on “Two Words and a Comma.” She The Speaker: I recognise the Honourable Member, felt very strongly about people’s rights, Mr. Speaker. Dr. Gibbons. We are going to miss her. She was certainly a sup- Dr. Gibbons, from Paget East, has the floor. porter of mine, and I appreciated that. I would ask that condolences be sent to the family. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Thank you, Mr. Speaker. Speaker. You have got to be quick around here. The Speaker: Thank you, Dr. Gibbons. The Speaker: Yes. You were very quick, at that. I am going to take the Honourable Member, Mr. D. Tucker.

House of Assembly Official Hansard Report 18 May 2012 2033

The Honourable Member, Mr. D. Tucker, has the floor. Hon. Hubert (Kim) E. Swan: Because she was near and dear. Mr. Darius D. M. Tucker: Yes, good morning, Mr. Mr. Speaker, I would certainly like just to Speaker. make mention of the ceremony this morning for the Mr. Speaker, I would like to have condolences departure of His Excellency, the Governor, Sir Richard sent to the family of Terry Bean. Terry Bean was a Gozney and Lady Gozney, friends of Bermuda, in- very young lady at the age of 45 that has just recently deed friends of mine. In my capacity as Opposition passed with cancer. She has a loving husband and Leader, I got to work very closely on some very sensi- four children and is someone that I went to school tive matters dealing with Bermuda, and I can say with. She struggled and survived, but she struggled without fear or favour that Sir Richard Gozney is a with the disease of having cancer. man of integrity and a man that looks to do things right Mr. Speaker, on a better note, I would just like and act in the best interests of the mandate that he is to send a letter of congratulations to Mrs. Denika Reid here to serve. Mr. Speaker, the only problem I had and her husband, Jerome Reid, on the opening of was that at last night’s ceremony he chose to wear their new ultrasound facility in Paget. Mr. Speaker, it red and blue, which I shall fix by making sure that, he was a great opportunity to have been invited to that has some blue shorts next time he returns to Ber- occasion yesterday, having been a personal friend of muda. both of them, Denika having 18 years of service, put- Mr. Speaker, I would like to be associated ting that experience into opening up their own prac- with the remarks to Mr. Ronnie Viera on his election tice. This is what we would like to see and continue to as President of the Chamber of Commerce. Finally, I see within our country—young people taking the op- would like for a letter of congratulations or thank you portunity that arises out of their experiences in the sent to Mr. Daniel Stovell from St. George’s, a very work field and starting a business on their own and close friend of mine, who retired from many years of investing into the business and into the country and service working in the Government for Works and En- the future, and especially when it comes to the field of gineering. He was a mason, part of the A-team, and medicine, where the special designations that she whenever there was a tough job that needed to be does have, she can now in turn provide these services done in Government, particularly a masonry job; they right here locally as opposed to patients having to go- made sure that Mr. Daniel “Stout” Stovell and the A- ing away. She is a first-class technician, and I would team were on board. He served, I am sure, well over just like to say thank you to her. 30, close to 40 years. I hope he has a very enjoyable Thank you, Mr. Speaker. retirement, as he is a very dear friend and a very nice fellow, at that. The Speaker: Thank you, Mr. Tucker, the Honourable Thank you, Mr. Speaker. Member from Hamilton South. I now recognise the Honourable Member, Mr. The Speaker: Thank you, Mr. Swan, the Honourable H. Swan, from St. George’s West. Member from St. George’s West. Mr. Swan has the floor. I now recognise the Honourable Member, Mr. D. Hunt, St. George’s South. Hon. Hubert (Kim) E. Swan: Thank you, and good Honourable Member, Mr. Hunt, you have the morning, Mr. Speaker. floor. Mr. Speaker, I rise on a sad note, first, to ask that condolences be sent to the family of the late Ju- Mr. Donte O. Hunt: Thank you, Mr. Speaker. dith Stewart. Ms. Stewart is someone whom I got to Mr. Speaker, I would like to offer congratula- know very closely through politics, Mr. Speaker, in the tions to the BYGT, Bermuda’s Youth Got Talent. This lead-up to the 1998 election. Her husband at the time is an event that has transpired two weekends ago at was my running mate, Mr. Robert Stewart. Judith and the Ruth Seaton James Auditorium. We saw some 35 my wife went to read to the seniors, became attached, young persons who have talent come to the fore and and they got to know the late Sir John Plowman and show what they got. It was a phenomenal event. We the late Mr. David Barber. As a result, Project Action had a tremendous turnout in terms of those looking at was born, a charity that services the seniors of Ber- our talent. Let me say this, Mr. Speaker. The event muda today. She is survived by her husband Robert, started some months ago when the initial first round son Ian, daughter Elizabeth. The Honourable Mem- happened. We saw some 100 or so young persons ber, Dr. Gibbons, would like to be associated with come to the fore and show what they have. The sec- that, and also Mrs. Louise Jackson. I understand in ond round weeded the group down to about 35 acts. my absence last week condolences were paid. But I We saw singers, we saw dancers, we saw . . . the would certainly like to be associated. spoken word. We saw instrumentalists, we saw The Speaker: Yes, I thought it was; I could not re- bands. It was absolutely, absolutely phenomenal. member. House of Assembly 2034 18 May 2012 Official Hansard Report

I have to express my interest in this, or at I also, Mr. Speaker, ask that the House join least state it: My wife did produce it. But this was . . . with me in sending congratulations to the Conflict all the proceeds go to charity. The proceeds go to the Resolution Team of the students who participated in Coalition for the Protection of Children. This is hope- the ninth Bermuda Youth Conference along with visit- fully an annual event. But more importantly, Mr. ing students from the Barney School of Business at Speaker, this is a celebration of all things within the the University of Hartford. At the ninth Conference at arts in Bermuda, all things within our cultural spec- XL House, it was entitled “It Takes a Village to Raise a trum. We have so many individuals who are young Child.” Altogether, there were some 70 students in- persons who are coming up in the future to offer pure volved. The teams were assigned topics that they had entertainment for this country. Hats off to this event! to discuss. The team that won was the one who tried Hats off to the young people! And congratulations to to find a solution to the age-old problem of conflict them all. Thank you, Mr. Speaker. resolution. Mr. Speaker, I ask we congratulate all the young people involved. The Speaker: Thank you. I also ask that we hold up the proud, gifted, young achiever who was featured on the front page Mr. Donte O. Hunt: May I add, Mr. Speaker, the finals recently, Miss DeAzha Chambers, who is proud of her are coming up. The finals are coming up on Tuesday. community. She is from the tight-knit neighbourhoods The finals are coming up on Tuesday, and many around Parsons Road, and she was awarded the win- thanks to the sponsors, one of which is in the House ning teen performer award, and she is the winner of today, one of the Ministers here, Minister Blakeney, Teen Services’ award. She performed something that and many others, like the Bank of Butterfield, Capital she did with Troika, a poem, and certainly, Mr. G, . . . (let me think) Bermuda Blueprinting Ltd. The Speaker, she epitomises the fact that young people list goes on. Go to www.bygt.bm, and you will see it. can learn wherever they are, and she is a product of But hats off to all the performers and the producer of CedarBridge Academy. this event. Thank you, Mr. Speaker. Thank you, Mr. Speaker. The Speaker: Thank you, Dame Jennifer Smith, the The Speaker: Thank you, Mr. Hunt, the Honourable Honourable Member from St. George’s North. Member from St. George’s South. I now recognise the Honourable Member, Mr. Any further speakers? N. Simons. I now recognise the Honourable Member, Mr. Simons, you have the floor, the Honour- Dame Jennifer Smith, from St. George’s North. able Member from Smith’s South. Dame Jennifer has the floor, Minister of Edu- cation. Mr. Nelson H. Cole Simons: Thank you, Mr. Speaker. Hon. Dame Jennifer Smith: Thank you, Mr. Speaker. I would like to associate myself with com- Mr. Speaker, first of all, let me associate my- ments made by the Honourable Grant Gibbons in re- self with the remarks of Dr. Gibbons, MP Tucker and gards to Judith Montgomery-Moore. Dr. Gibbons was MP Hunt about the Bermuda’s Youth Got Talent. correct when he said that Ms. Montgomery-Moore had I also wish to add a particular about the the uncanny ability to connect with young people. This graduates of the Class of 2012 for Bermuda College. lady, a single mother of four children, did things and In the spring commencement ceremony, Mr. Speaker, lived life to the fullest. At 62, she embarked upon it is always difficult to pick out a few amongst the studying again and achieved a bachelor’s degree in many outstanding students. But I want to take particu- art. She also, as was said, liked horses. She had a lar note of the mature students who, in spite of having farm. She supported the equestrian community. In jobs and raising families, still managed to find the time fact, when I first went away in the 1970s to represent to study and to be successful yesterday. I want to par- Bermuda, she was the one that pushed me and en- ticularly mention them. couraged me and encouraged me and encouraged I want to mention as well the student who me to go. It was due to her support that I really, really gave the graduate address, Mr. Mitchelle Trott, who made a commitment to the equestrian sports in Ber- actually has an astounding story of Bermuda College, muda. beginning in the 1990s and continuing. He truly She was also President of the Bermuda Rose epitomises someone who understands education is Society. One year there were issues with finding lead- lifelong learning. I really want to hold him up. I also ership and promoting that club, she stood up and said, want to hold up, Mr. Speaker, Ms. J. Carol Swan, who I will take charge. And she took our Rose Society to got a double distinction. She got a diploma in Web new levels of success. She indeed was a Renais- Development with distinction, and an Associate of Arts sance woman. She competed in the International One Degree in Business Administration with distinction, Design in the 1950s and 1960s, and she was the only truly an outstanding result. lady—a lady born in 1928—that was bold enough to House of Assembly Official Hansard Report 18 May 2012 2035 take on the Bermudian fellows when it comes to sail- Hon. Paula A. Cox: I would ask that that said Bill be ing. It was almost unheard-of. She went and whipped set down on the Order Paper for the next day of meet- their backsides, Mr. Speaker. ing. Mr. Speaker, I would like to also send condo- lences to the family of the late Stanley Blanchette. He The Speaker: So ordered. was a former bank employee, and he recently passed away. I would like to also send congratulatory remarks FIRST READING to the Governor and his wife on his retirement from public life. I would like to also send congratulations . . . REFERENDUM ACT 2012 associate myself with the comments made in regards to Ronald Viera becoming the new Chairman of the Hon. Paula A. Cox: Mr. Speaker, I also hereby intro- Chamber of Commerce. I would like to also associate duce and read for the first time by its title a Bill entitled myself with the comments made concerning the Ber- the Referendum Act 2012. I would also ask that that muda College graduates. said Bill be set down on the Order Paper for the next Thank you, Mr. Speaker. day of meeting.

The Speaker: Thank you, Mr. Simons, the Honour- The Speaker: So ordered. able Member from Smith’s South. I now recognise the Honourable Member, No further speakers? Minister Furbert. We will move on. Minister Furbert, from Hamilton West, you have the floor. MATTERS OF PRIVILEGE FIRST READING The Speaker: There are none. TOURISM BOARD ACT 2012 PERSONAL EXPLANATIONS Hon. Wayne L. Furbert: Mr. Speaker, I hereby intro- The Speaker: There are none. duce and read for the first time by its title a Bill entitled the Tourism Board Act 2012. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE The Speaker: Yes? ON MATTERS OF URGENT Hon. Wayne L. Furbert: Mr. Speaker, I ask that the PUBLIC IMPORTANCE said Bill be set down on the Order Paper for the next day of meeting so that my colleagues can read it. The Speaker: There are none. The Speaker: So ordered. INTRODUCTION OF BILLS Under Standing Order 28, no leave of the House is required. The Speaker: I now recognise Madam Premier, the Honourable and Learned Member from Devonshire NOTICE OF MOTION North West. Madam Premier, you have the floor. The Speaker: I recognise the Honourable Member, Minister Furbert. FIRST READING Minister Furbert, from Hamilton West, yes?

NATIONAL PENSION SCHEME (OCCUPATIONAL Hon. Wayne L. Furbert: Mr. Speaker, I hereby give PENSIONS) TEMPORARY AMENDMENT ACT 2012 notice that at the next day of meeting, I propose to move the following motion: Hon. Paula A. Cox: Thank you, Mr. Speaker. That this Honourable House take note of the Mr. Speaker, I hereby introduce and read for Government’s National Tourism Plan, which will in- the first time by its title a Bill entitled the National Pen- crease tourism expenditure, increase tax revenue, sion Scheme (Occupational Pensions) Temporary increase jobs and grow GDP. Thank you. Amendment Act 2012. [Inaudible interjections] The Speaker: Yes? The Speaker: Where is the plan? Well, I cannot really accept that motion because it is not before the House.

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Suppose we do it the other way? Present the plan, considered would enhance the Authority’s regulatory and then put the motion down to debate it. Do you tool kit. While the paper was focused on the Insurance want to do it this way, without . . . Act 1978, it was anticipated that the same proposed powers would be introduced into the other regulatory [Inaudible interjections] Acts administered by the Authority in order to ensure consistency. After the issue, Mr. Speaker, of the dis- The Speaker: All right. Let us leave that in abeyance, cussion paper and during the course of 2010/11, there and I will discuss it with the Minister. All right? Okay. has certainly been an extensive round of consultation Minister? The Minister will see me later about with the financial services sector in relation to the pro- that, and we will discuss it. posals. The insurance sector has actively participated Any further . . . No? We will move on. in consultation with the Authority in respect of its new powers. Significant consideration has also been given ORDERS OF THE DAY to the views and responses of those representative bodies and others in finalising the Authority’s pro- The Speaker: That brings us to Orders of the day. posal. Orders of the day, Order No. 1, Second Reading, the It is important to note that the insurance in- Insurance Amendment Act 2012, in the name of . . . dustry in Bermuda continues to thrive, and so far this year 12 new insurance companies of a range of insur- [Gavel] ance classes have registered here in Bermuda. You will recall that two new significant Class 4 insurers The Speaker: Well, I can hear a lot of chatter down were registered in Bermuda in December of 2011. there while the Speaker is calling Orders. One must accept that the continuing attraction of Order No. 1, the Insurance Amendment Act Bermuda as a leading financial services centre is 2012, in the name of Madam Premier. based in part on the fair and measured approach to I now recognise Madam Premier. regulation adopted by the Bermuda Monetary Author- Madam Premier? ity. Powers of an enforcement nature are a necessary feature of regulation, and the Authority has continued Hon. Paula A. Cox: Thank you, Mr. Speaker. to demonstrate a mindset and a mindful use of such Mr. Speaker, I would like to move that the Bill powers in a very sparing and also careful way. entitled the Insurance Amendment Act 2012 be read Mr. Speaker, the first phase of enhancement the second time. of legislative provisions is now before the House with this Bill, which contains the powers that were selected The Speaker: Any objection? as appropriate for the Authority in relation to the in- Agreed to. surance industry. It also includes significant legislative procedures built around these powers to ensure pro- [Gavel] cedural fairness and natural justice is fully covered off on. This regime will be adopted across the regulatory The Speaker: Carry on, Madam Premier. platform so that there is uniformity and consistency. The proposed powers do represent an increase in the SECOND READING powers of the Authority. The Bill also includes a new power to impose civil penalties for up to $500,000, the INSURANCE AMENDMENT ACT 2012 power to ban individuals from activities within regu- lated sectors, and the power to publicly censure regu- Hon. Paula A. Cox: Mr. Speaker, the global financial lated institutions. Other than in limited circumstances, crisis of 2008 and the consequent heightened con- the Authority is not required to publish any enforce- cerns about effective and transparent financial regula- ment-oriented decision it may make, and consumer tions has certainly led to an increased focus on the protection concerns may also give rise to publication. efficiency and effectiveness of regulators of financial Mr. Speaker, the application of these powers services internationally. is based on principles, and in this regard, the Bill re- In 2008, the Bermuda Monetary Authority quires the BMA to publish a statement of principles [BMA] reviewed the range of powers available to it outlining the basis on which the Authority will ap- under all of its regulatory legislation. The Authority proach the exercise of each of the powers provided recognised that additional and consistent powers for in the Bill. This statement, Mr. Speaker, will pro- would be required in order to ensure equivalency with vide clarity as to how the powers will be used. those powers available to regulators around the globe Mr. Speaker, Bermuda business is clearly and demonstrate Bermuda’s commitment to effective operating globally, and they are significant businesses regulation. and they are relevant to markets in different parts of In February 2009, the Authority published a the world. As we are aware, concerns regarding sys- discussion paper outlining a range of powers which it temically important businesses have certainly put House of Assembly Official Hansard Report 18 May 2012 2037 more pressure on regulators worldwide to be effective. Quite frankly, the Bermuda insurance industry For this reason, there is a greater responsibility being was built on that kind of attitude. So we go forward shouldered by the Authority and other regulators. The now in a much more sophisticated way than we did in Authority has demonstrated that it has both the capac- the 1970s, when this whole industry really got going. ity and the commitment to use its regulatory powers But at the same time, we must continue to have the effectively in the best interests of Bermuda and the approach to the industry where the regulator is there participants in the financial sector. to facilitate the legitimate goals of the industry partici- Mr. Speaker, with those comments, I certainly pants. recommend the Bill for debate. Thank you, sir. So with those few words, Mr. Speaker, I say that we have no objection to this legislation. Thank The Speaker: Thank you, Madam Premier. you. Any further speakers? I now recognise the Honourable Member, Mr. The Speaker: Thank you, Mr. Richards, the Honour- Richards. The Honourable Member, Mr. Richards, able Member from Devonshire East. from Devonshire East. Are there any further speakers? Mr. E. Richards has the floor. I now recognise the Honourable Member, Minister Furbert. Mr. Everard T. (Bob) Richards: Thank you very much, Mr. Speaker. Hon. Wayne L. Furbert: Mr. Speaker, I will be very Mr. Speaker, this legislation before us today is brief. clearly one of a technical nature. But we have no ob- jection to its purpose. Quite frankly, we have no objec- The Speaker: Minister Furbert has the floor, from tion to it as it is before us today. Just one or two words Hamilton West. on its importance, as the Honourable Minister of Fi- nance has just outlined, that we live in a global world, Hon. Wayne L. Furbert: Mr. Speaker, I can say, as a competitive world and a world in which regulation is Minister of Business Development and going up and also a competitive feature, which is, I guess, different down our city and visiting insurance companies, they from days gone by because people who make deci- are quite happy. And they tell me all the time that the sions as to where they are going to have their busi- BMA is very helpful to them. As a matter of fact, that is ness enterprise look at a lot of features in each juris- the question that they always ask: What can we do to diction. One of the features that they will use to com- assist? pare jurisdictions is the regulator and the regulations. I happened to be in Singapore, week before The Speaker: Thank you, Minister Furbert, from Ham- last, on business, and it was very interesting that ilton West. some of my colleagues had just returned from a visit I now recognise the Honourable Member, Mr. to the Singapore Monetary Authority. The Singapore C. Swan, from Southampton West Central. Monetary Authority, the officials . . . The first thing that Mr. Swan, you have the floor. came out of the mouths of the Singapore Monetary Authority to my colleagues who were in the insurance Mr. Charles F. B. Swan: Thank you, Mr. Speaker. business was, What can we do to help you? I am just I did go through the entire Bill, and most of my saying this as a background to what we are dealing matters will come up in Committee because I imagine with here in terms of competition from abroad. I think they are more technical. The Minister in her brief men- that that is the right attitude for regulators today. tioned about 12 new reinsurers this year. I just won- Of course, there must be a balance between dered if she might answer the question as to how ensuring that participants in our industry are of a does that compare to the last two or three years and minimum quality and they operate with the required perhaps some indication of what registrations look like degree of probity. But the attitude of Singapore, which going forward for the rest of this year. I think all Members know is an extraordinarily suc- But we do support it. The Bermuda Monetary cessful island economy, bigger than us, a lot richer Authority—as a former employee, I do know that the than us, but incredibly progressive and incredibly suc- entire ethos was to be welcoming and helpful to our cessful . . . That success is built on that attitude that it incoming international businesses. So we do support displayed in that one sentence, which is, What can we the legislation and the intent of it. do to help you? Thank you, Mr. Speaker. If our regulator, the Monetary Authority, has the same approach to the participants in the insurance The Speaker: Thank you, Mr. Swan, the Honourable industry in Bermuda, where the regulator is there to Member from Southampton West Central. not only regulate, but assist industry participants in Any further speakers? achieving their legitimate goals, then everybody wins. Madam Premier, you can reply.

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Hon. Paula A. Cox: Thank you, Mr. Speaker. Mr. Speaker, I just want to say that I appreci- [Gavel] ate the cross-partisan support. This is necessary. I think certainly the Bermuda Monetary Authority, as [Motion carried: Standing Order 21 suspended.] our independent regulator, recognises the importance of providing the necessary regulatory underpinning for NOTICE OF MOTION what we have as a vibrant and dynamic source of in- ternational business. I think that what is also important STEPS TAKEN BY GOVERNMENT TO FURTHER is that they are not selfish. They actually are selfless TOURISM DEVELOPMENT and have gone out, outside of Bermuda, in terms of providing training and also regulatory colleges to as- Hon. Wayne L. Furbert: I hereby give notice that at sist others who are seeking to get into this business. the next day of meeting I propose to move the follow- So with those brief comments, Mr. Speaker, I ing Motion: certainly would ask that this Bill be committed. Thank That this Honourable House take note of you. steps taken by the Government as they relate to the further development of Tourism, proposed to increase The Speaker: We normally . . . Should we take lunch tourism expenditure, increase tax revenue, increase now? jobs and grow GDP. I am going to allow Madam Premier to put that motion when we return from lunch. I am looking The Speaker: Thank you, Minister Furbert. We have around, and I do not see any of the panel of chairmen agreed with the rewording of that Motion, which he put here. earlier in the day. Thank you, Minister. [Laughter] Now we are going to . . . Madam Premier, would you like to reiterate that? The Speaker: Let us entertain the motion from Madam Premier, go to lunch and then we will come SECOND READING back.

INSURANCE AMENDMENT ACT 2012 Mr. Speaker, I would like to move Hon. Paula A. Cox: that the House do now adjourn for lunch. [Continuation of debate thereon]

Is there any objection to that motion? The Speaker: Hon. Paula A. Cox: I would, Mr. Speaker. Agreed to. I would like to move that the Bill now be com- The House stands adjourned for lunch and mitted. will resume again at 2:00 pm.

The Speaker: Any objection? Proceedings suspended at 12:29 pm Agreed to.

Proceedings resumed at 2:02 pm [Gavel]

[Hon. Stanley Lower, Speaker, in the Chair] The Speaker: Would the Honourable Member, Mr. D. Tucker, please take the Chair of Committee? The Speaker: We are going to resume debate on the Mr. D. Tucker from Hamilton South has Insurance Amendment Act 2012. agreed to take the Chair of Committee. I caught the eye of Minister Furbert, from Hamilton West, I believe . . . is it? [Pause] Minister?

House in Committee at 2:04 pm SUSPENSION OF STANDING ORDER 21 [Mr. Darius D. M. Tucker, Chairman] Hon. Wayne L. Furbert: Mr. Speaker, thank you for catching my eye. Mr. Speaker, I move that Standing Order 21 COMMITTEE ON BILL be suspended so that I may table a Notice of Motion. Mr. Speaker, I hereby give notice— INSURANCE AMENDMENT ACT 2012

The Speaker: Is there any objection? The Chairman: We are in the full Committee of the Agreed to. House for the Insurance Amendment Act 2012. House of Assembly Official Hansard Report 18 May 2012 2039

Madam Premier, the Minister of Finance, you tered person or the designated insurer to produce re- have the floor. ports on any aspect of their business as would be re- quired by the Authority. Now this provision will be Hon. Paula A. Cox: Thank you, Mr. Chairman. similar to provisions under other regulatory acts in- Mr. Chairman, I would ask with your indul- cluding the Banks and Deposit Companies Act 1999. gence that I find out from the Opposition [if] they have Clause 8 amends section 29C of the principal any objections to me doing it one bite or do you prefer Act and it makes consequential amendments arising two bites? out of amendments that are proposed to be made to Okay. Let us do it in one bite. With agree- section 29A by changing the internal section refer- ment, I will move all clauses 1 through 24. ences. Mr. Chairman, clause 1 gives the title the In- Clause 9 repeals and replaces section 30 with surance Amendment Act. an updated version of the power to appoint inspectors Clause 2 amends section 1 and it amends the that is found in other regulatory acts. Now here again, interpretation section by inserting two new definitions Mr. Chairman, this is necessary for the purpose of for the terms “decision notice” and “warning notice.” ensuring consistency with the other regulatory acts in Warning notice contains a proposed action of the Au- relation to the powers of the Authority to appoint an thority to which the party will respond. And decision inspector to investigate any aspect of an insurer’s or notice means a notice that sets out the final decision insurer’s group business where the Authority consid- of the Authority. ers it desirable to do so in the interests of the policy- Clause 3 amends section 2A of the principal holders. For example, where the Authority has pru- Act to widen the scope of matters to be covered by dential concerns which it believes need to be investi- the statement of principles. And under this amend- gated, the insurer or group insurer is required to reim- ment the Authority is required to issue a statement of burse the Authority for the expenses of the investiga- principles in accordance with which it proposes to act tion as is currently provided in section 35. in relation to the exercise of its powers to impose civil And, Mr. Chairman, if I may, with your indul- penalties, censure publicly, make prohibition orders, gence and the indulgence of the House, just digress and publish decisions. ever so briefly . . . there is one thing you have to do Clause 4 amends section 6A. And section 6A when you pass these Acts or when you get practical of the principal Act makes provision for the prudential situations. Sometimes you have got to look at the leg- rules to provide for summary offences, the making of islation and find how you have the power to go in. If I false or misleading statements or returns. The pro- can just refer to the power of the Minister, under the posed provision would repeal this section as new pro- Companies Act, we did not at that time have the au- visions under the Bill provide for a general offence for thority under the BMA Act to investigate that group of issuing or supplying false or misleading documents or companies known now as IPOC. And we had to go information. Section 6A is also amended by clarifying through all these elaborate contortions to find a way to the manner in which the rules are published. And as get in there. We had to use the inherent power of the the rules do refer to technical formulae set out in the Minister of Finance under the Companies Act to ap- Schedules, the requirements of the Statutory Instru- point an inspector. ments Act 1977 will be met if the Schedules are pub- Now, we are talking about fish and fowl in the lished on the Authority’s website. sense there that we were talking about companies, Clause 5 amends section 14. That repeals and here we are talking about more insurers, but I subsection (3A). This subsection directs that the Au- think that it is important that you have to have the leg- thority may sue for failure to pay an annual fee as a islative lever that gives a government the opportunity, civil debt. The new provision, will vest the power in the or a regulator the opportunity to go in because as a Authority to sue for any fee owed under the Act as a result you saw what happened. It took a while in terms civil debt. of the investigations being long and cumbersome. Clause 6 amends section 18A by de- But, ultimately, $44 million was recouped; $22 criminalising breaches of the filing requirements for million came to Bermuda Government which was able filing statutory statements and returns and substitute to be used for the CAP/CAF—the Confiscated Assets civil penalties for non-compliance. The actual amount Fund. But I just say that . . . in terms of when we talk to be imposed depends on the view the Authority about these things, when you look at them through a takes of the reasons for the failure to comply. legislative prism, it seems so very dry and banal. But Clause 7 amends section 29A of the principal when you actually have an issue where you have to Act. And what it does, Mr. Chairman, is remove some try and enforce it in terms of exercising legitimate, ambiguity under section 29A whereby a registered lawful authority, it is important that the Act gives you person or designated person is required to produce the powers you need to have. If not, they will be seen published and unpublished reports. In order to ensure as ultra vires. consistency amongst the various regulatory acts, a So it is very important that we do provide, in new provision is proposed which will require the regis- legislation, for some of these powers. So I thank you House of Assembly 2040 18 May 2012 Official Hansard Report for that indulgence because here you are seeing ligations to be met before directions can be issued by something somewhat similar in terms of the inspec- the Authority. These procedural obligations include a torate role through the Authority in this case. And, requirement for the Authority to issue a warning notice again, if you have an independent regulator you want and decision notice when giving directions under sec- your “independent” regulator to regulate as opposed tions 32 or 32A. to having to use the political lever of the Minister of Under the new Part VIA, the Authority is em- Finance. powered to impose civil penalties for failure to comply Anyway, now we go back to clause 10 with a range of requirements under the Act including amending section 30A. Clause 10 amends section failure to notify the Authority of changes in the direc- 30A of the principal Act to renumber section 30A as tors or principal representatives of an insurer or of section 30AA and to make consequential amend- material changes made for the employment of prohib- ments to it in light of the new provisions on investiga- ited persons. tions under the proposed new section 30A. Further- Clause 16 also amends the principal Act by more, the clause also enlarges the power of the Au- inserting a new section 32L that allows for the issuing thority that applies in relation to persons connected of three types of injunction orders by the Supreme with persons under investigation. Court on the application of the Authority. The first, I Clause 11 inserts a new section 30A. This should say, of these injunction orders is an order re- new section seeks to widen the power of the Authority straining a person from contravening any requirement relating to investigations beyond the current scope of imposed by or under the Bill. The second is an order investigating non-registered persons who are conduct- requiring persons to take steps to remedy a contra- ing a registrable activity. Under this section investiga- vention of such a requirement. And the third is an or- tions included are for breaches of any requirements der restraining a person from disposing or otherwise imposed by or under the Act or regulations, and for dealing with assets. the fitness and propriety of individuals who perform Clause 17 amends section 41 of the principal functions in relation to an activity regulated under this Act. And it is clarifying that the new warning and deci- Act. The power to investigate does extend to investi- sion notice procedures apply where the Authority pro- gating former registered persons in relation to busi- poses to cancel the registration of an insurer. And, nesses carried on at a time when they were registered again, you know that it is almost a principle in law of and for investigations in relation to the ownership and natural justice—when you are taking away something control of former registered persons at a time when you have to give some sort of notification and also they were registered. provide the right to be heard in some aspects. Clause 12 amends section 30B of the princi- Clause 18 amends section 44A and that is by pal Act to make consequential amendments required revising the grounds of appeal for the appeals made in light of the new provisions on investigations set out to the Appeals Tribunal so as to allow an appeal in the new section 30A. against any direction given under sections 32, 32A Clause 13 amends section 30C. And it does and 32C. This amendment will also affect appeals this in order to widen the scope of the offence of ob- made against a civil penalty imposed under the new struction of an investigation. section 32D and against publication of statements Clause 14 amends section 30J of the principal under the new section 32F on public censure and Act to repeal the criminal penalty provisions where it is against the making of prohibition orders under the intended that only a civil penalty would be imposed. new section 32H. Clause 15 amends section 32 of the principal Clause 19 inserts a new Part VIIIB. And that Act by repealing subsections (7) and (9) to take into sets out the initial steps to be taken by the Authority in account the new provisions being introduced under any disciplinary measures it seeks to impose under this Bill to develop the framework for enforcement and the principal Act. Now the provisions of this part re- publication of decisions. For this purpose it is neces- quire the Authority to give due process to any person sary to provide for due process, that is, provisions for in its power to impose disciplinary measures begin- the making of representations by the affected party for ning with the warning notice. their consideration by the Authority and for the giving So you are dealing with companies and things of reasons for a decision in relation to the directions of that nature, they just think of . . . even in terms of given. The current subsection (7) is inadequate for unions and discipline in terms of civil service . . . you this purpose and in its place the new sections 32B, have steps that you have got to follow before you get 32C and 44F to 44H provide a procedure for notices. to the ultimate sanction. And this is really just setting Clause 16 inserts [new] sections 32B to 32K. out . . . in terms of dealing with corporate vehicles and These are new sections which provide for the process particularly where you have an independent regulator the Authority must follow when exercising the powers until you get to the ultimate sanction, there are some to impose directions and civil penalties, published procedural steps you have go through. And, again, it statements of public censure, or make prohibition or- is about transparency and it is also about the issue of ders. The new sections provide for the procedural ob- giving a person—and a “person” means a legal per- House of Assembly Official Hansard Report 18 May 2012 2041 son, not just a person in terms of an individual, but penalties, and I would like the Honourable Minister to also a legal entity, such as a company, its Board of explain the rationale for that move. You know, what Directors, et cetera—to give them the right to be could, maybe erroneously I hope, make the assump- heard. tion this is a kind of lessening of the penalties. And it Clause 20 repeals and replaces section 51 would just be interesting to know what the rationale for with new provisions for the giving of notices under the that move from criminal penalties to civil penalties— principal Act. why this is being done. Clause 21 amends section 55. And it amends Another question I have is that there is a pub- it to increase the amount of the fines for summary and lic censure clause, which obviously public censure is a indictable offences. very powerful thing, particularly in financial services, Clause 22 inserts section 55A, a new section. which is based on trust. And my question for the Min- And this provides a mechanism for the recovery of a ister is that in the event a company is publicly cen- civil debt imposed under the Act. Under the amended sured, is this sort of like a last resort? Does it actually section the Authority would be able to claim the essentially put the company out of business? Does amount owing by way of civil proceedings in court. the Government expect a company to continue to The clause also directs that where a person is con- trade after they have been publicly censured by the victed of a criminal charge no civil penalty can be im- Bermuda Monetary Authority? That is that question. posed relating to that same matter. And the last question I have is about the pro- Clause 23 is the consequential amendments vision to put inspectors in companies. And I wondered to the principal Act and subsidiary legislation relating if the Government envisaged a said inspector to be a to the introduction of civil penalties for breaches and member of the staff of the Bermuda Monetary Authori- obligations that under current provisions result in crim- ty, or if an inspector would be a private person or an inal penalties. audit firm or that sort of thing. Clause 24 is the commencement clause, Thank you. which provides that this Bill or any part of the Bill shall come into effect at a date to be set by order of the The Chairman: Is there any other Honourable Mem- Minister. And the Minister in this Act is known as the ber that wishes to ask questions? Minister of Finance. The Chair recognises the Honourable Charles Those are the clauses, Mr. Chairman. I now Swan. welcome any other comments or queries. But before I Mr. Swan, you have the floor. do, let me note that even though it is extraneous to this Bill, I believe a question was asked by a Member Mr. Charles F. B. Swan: Thank you, Mr. Chairman. of the Opposition, the Honourable Mr. Swan. I wanted My questions were more of a technical nature, to indicate to him that the figures indicate that for this so it is good to see that there are people in the Gallery year, this quarter, I think we are at 12. If you look at who may be able to answer them. And the Minister what it was last year, it was 10. I think he wanted to will be able to help me too, I am sure. She has got a know the number of companies. And in terms of the good grasp of all of this. whole of 2011 the number of new companies is 54, I am not a draftsperson but I tend to look at which is better than 2010 where the whole was 36. these things, and I imagine, with a bit of a draftsman’s So in terms of looking at what has been, what eye (and I am using the term loosely in my case). And are the numbers tracking currently for the first quarter, when the legislation (and I am looking at clause 4, I I think it looks as if we are certainly going to be . . . think it is on page 2) says it amends section 6A by you see that there is the rise from 2010 in 2011 and “repealing subsection (4); and” then “inserting, after we would expect that it will continue to rise throughout subsection (7), the following new subsection.” this year. Thank you. The Chairman: I am listening, go ahead.

The Chairman: Thank you, Madam Premier. Mr. Charles F. B. Swan: We see legislation that is Is there any other Honourable Member who making amendments all the time and, you know, to wishes to speak to this? my country mind, I recall seeing statements to the ef- The Chair recognises the Honourable Bob fect that ‘this section is renumbered to reflect this Richards. change.’ But I did not see that in this case, and I just Mr. Richards, you have the floor. wondered if that sort of thing is required in this case. I am trying to bring the legislation up on my Mr. Everard T. (Bob) Richards: Thank you, Mr. phone to just refresh my memory as to how many Chairman. subsections were in that section 6A because I just I just have a few queries for clarification. I wondered . . . like I said, if subsection (4) is being re- cannot remember which clause it was, but it provided pealed, perhaps the section needs to be renumbered for the replacement of criminal penalties with civil to reflect that. That was the first query. House of Assembly 2042 18 May 2012 Official Hansard Report

And on . . . I think clause 10, and this is on So there is a 30A where you have a 30A al- page . . . ready.

The Chairman: Six? Mr. Charles F. B. Swan: Okay, we have a 30A al- ready because it has just been inserted. Mr. Charles F. B. Swan: Page six. Hon. Paula A. Cox: Mm-hmm. The Chairman: Yes, carry on. Mr. Charles F. B. Swan: But it says “after section Mr. Charles F. B. Swan: Actually I am looking at 30A.” It says “The principal Act is amended by insert- [clauses] 10 and 11 on pages 6 and 7. And this is all ing the following section after 30A–.” And it goes to do with section 30A and I just . . . I had a little trou- down. “Investigations of suspected contraventions ble here because the first amendment, clause 10(a), 30A.” deletes the section heading and substitutes the follow- So what I am trying to understand is, are we ing, which is fine. And then it renumbers the section inserting two 30As? as 30AA. Then what we see in [clause] 11 . . . so 30A is gone. The section 30A has gone, and it is renum- [Inaudible interjections] bered as 30AA. Then in [clause] 11 it reinserts section . . . I am probably going to read this and understand it, Hon. Paula A. Cox: There is a new 30AA and we are but I needed to say it so that . . . because I was con- amending 30A. fused when I first did all this. Then in [clause] 11, it says “The principal Act The Chairman: I am with you Madam Premier. is amended by inserting the following section after section 30A.” Well, to my mind, there is no section Hon. Paula A. Cox: Yes. It is— 30A, but we are inserting a 30A after section 30A. I wondered if there was something wrong with that The Chairman: Maybe Mr. Swan could be taken to wording or explanation. Some sort of explanation the side afterwards for clarification. might help me with my country mind to understand that better. It actually reads, “30A–“ (with a dash) in Hon. Paula A. Cox: Well, I think it gets confusing so it [clause] 11. So I am looking at [clauses] 10 and 11 is a legitimate query. It is a legitimate query. and trying to get some clarification as to . . . is section But going to the less technical drafting ques- 30A there or not? I imagine . . . and . . . well, really, tions that were raised—the public censure—that is not some clarification. If I have not made it understanda- the ultimate sanction. The ultimate sanction is the one ble, I will try again. where you actually . . . I think it is . . . what do we call Those are the only things I had to raise. it? We revoke the licence—that is the ultimate sanc- Thank you, Mr. Chairman. tion. Public censure really is one of those areas where you have almost a sliding scale in terms of the nature The Chairman: Thank you, Mr. Swan. of your decision to take enforcement action. Is there any other Honourable Member that And the enforcement committee will look at wishes to speak? the number of criteria and factors in deciding whether Madam Premier, you have the right to reply, if enforcement action is appropriate. For instance, the you wish. nature of the breach; the circumstances; the duration; the seriousness; the frequency; the importance of the Hon. Paula A. Cox: Don’t tempt me. regulatory standard or provision that is being Clause 10 says [it] amends section 30A of the breached; the nature and the gravity of the conduct principal Act to renumber section 30A as section including intention, negligence, recklessness, dishon- 30AA, and then in clause 11 we have inserted a new esty, criminality; the impact of the breach; and the section 30A. So you have 30A of the principal Act (in conduct and the risks that are created by it; the inter- clause 10) being renumbered as section 30AA, but est of the stakeholders; the benefits derived; the repu- clause 11 is inserting a new section 30A . . . so not tation of Bermuda as a reputable financial centre; sys- 30AA. temic issues; compliance history; the complexity and the concealment of the breach. An Hon. Member: It says after section 30A. There are various enforcement actions and that can include: the imposition of directions, re- Hon. Paula A. Cox: So it amends section 30A of the strictions and conditions; the imposition of a civil pen- principal Act in clause 10 to renumber it as section alty; injunctions; public censure; objections to control- 30AA, and to make consequential amendments as a lers; prohibition orders against individual directors and result of that. And we then have the new section 30A officers; the revocation of the licence; winding up or that is being inserted, as referenced in clause 11. referral to the police. House of Assembly Official Hansard Report 18 May 2012 2043

The idea though with regard to the . . . I am with that company after that. And so that was the rea- looking at my Statement, the discussion paper, the son for my question. This public censure might actual- idea of public censure . . . it is not that you will not be ly put into motion the end of that enterprise anyway. able to operate after public censure. You can operate, That is why I asked if this was the end game. I guess but it is on the sliding scale of the . . . sort of . . . vari- it depends on whether you— ous sanctions of enforcement that could be taken. It is one of them. [Inaudible interjection] With regard to the initial question of what was the rationale of going from criminal to civil, going to- Mr. Everard T. (Bob) Richards: Ah! Right. Okay. Be- wards civil sanctions as opposed to criminal, it is be- cause it is sort of . . . the punishment is like whether cause you have . . . with a company it was thought you get to sit in the corner, whether you get the strap, that the nature of the regulatory breach was more whether you get the cane, or whether you get ex- something where it can be remedied and also sanc- pelled. tioned through enforcement using the civil framework Thank you, Mr. Chairman. as opposed to the criminal framework. And this was really the thinking that was made in terms of regulato- Hon. Paula A. Cox: Mr. Chairman, just for . . . since I ry breaches and how you operate in terms of if some- spoke across as opposed to speaking to you, the pub- body personally has done something which has been lic censure of anything, to be quite honest, it was seen fraudulent or . . . if from a personal perspective which as one of the . . . I hate to use those words because it is reprehensible or unconscionable, the whole remit of is sometimes taken out of context. But it is seen as the criminal law is still available in that regard to act as more of a ‘lighter touch’ penalty. But it does not mean sanctions against the individual. that the company will automatically . . . there is the But it was thought for the regulatory frame- risk a company could go out of business as a result, work for the Authority, and also consistent with what but sometimes the person who is the offender, who the Authority has in other legislation, that this was the has maybe done actions which have caused and oc- appropriate move—to have it as a civil penalty as op- casioned the company to have public censure, may posed to criminal penalties. be the one who has a shorter shelf life. With regard to the provision for inspectors, it is anticipated that inspectors would be outside, de- The Chairman: Thank you. pending again on the nature of the breach. It is not Is there any other Honourable Member? mutually exclusive but it would be unusual to have. The Chair recognises the Honourable Grant You would usually probably go to maybe an audit firm Gibbons. or even a . . . depending also on the nature of the Dr. Gibbons, you have the floor. breach it could be an audit firm, it could be even, I do not know, maybe forensic. It could be a lawyer. But I Dr. the Hon. E. Grant Gibbons: Thank you, Mr. think it is not anticipated. I think that it would be Chairman. someone within the shop of the BMA. Mr. Chairman, I have a couple of questions, I think that those were the three questions actually three, for the Minister. from the Shadow Spokesman for Finance and from Under clause 6, I just wanted to get a slightly the Honourable Member Mr. Swan. better understanding. This is a provision that is amending section 18 of the principal Act where under The Chairman: Is there any other Honourable Mem- clause 6, subsection (2)(a), where civil penalties can ber? be applied if an insurer fails to follow through on a re- I recognise the Honourable Bob Richards. quirement. And in this particular case the requirement Mr. Richards, you have the floor. refers to section 17, which is the preparation of finan- cial statements among other things. Mr. Everard T. (Bob) Richards: Thank you, Mr. I am curious as to whether . . . when it says “it Chairman. shall be liable to a civil penalty not exceeding” wheth- I guess I just had a comment on the public er there is still discretion here within the BMA as to censure thing because I know insurance . . . being a whether they apply that penalty or not (and I am as- financial institution the whole structure of insurance is suming there is),or whether it follows automatically if on trust. Once an institution gets censured by a gov- your GAP statements are late by a week or two ernment agency, the confidence in that company weeks. I raise that issue because sometimes you find, could be severely undermined in the marketplace and particularly with public companies and if they are un- might actually very significantly inhibit that company der some duress, that financial statements can get from actually doing business. delayed if an accounting issue is discovered or some- In other words, you know, if I was doing busi- thing of that sort. And they may be a publicly listed ness with an insurance company that got censured by company—say, on the New York Stock Exchange— the BMA, I would be very reluctant to do any business and there are provisions there where they are allowed House of Assembly 2044 18 May 2012 Official Hansard Report to delay a filing for good reason. I am curious as to Thank you, Mr. Chairman. whether that fits within the context of this—whether there is sufficient discretion for the BMA here or not. The Chairman: Thank you, Dr. Gibbons. So that is the first question. Is there any other Honourable Member that The second question I have is . . . I was in- wishes to speak to the Bill? trigued by the Minister’s comments with respect to The Chair recognises the Honourable Trevor clause 9, which refers to investigations on behalf of Moniz. the Authority. And my honourable colleague, Mr. Mr. Moniz, you have the floor. Richards, raised this issue of inspectors. It has been some time since I had some experience in the Minis- Hon. Trevor G. Moniz: Thank you, Mr. Chairman. try, and at the Ministry there was very little latitude. I have just stepped into this debate and just The Minister of Finance put an inspector in or they did wanted to make a quick point, if it is relevant. And that not, basically. is I overheard comments with respect to the sanctions But I guess the question for the Minister is it under the legislation moving from more criminal ones sounds to me as though when it comes to regulated to more civil sanctions, fines, et cetera. And I just companies now (which could be an insurer or a bank wanted to ask whether the reason for that is that un- or let us say a credit union, for example) that this es- der civil sanctions, generally speaking, the burden and sential power to put in an inspector if there is some standard of proof are lower so you are more likely to suspicion or sense that something is wrong, is now be able to prove them. going to be completely delegated to the BMA and the If a sanction involves imprisonment, for ex- Minister is unlikely, with a regulated company, to ex- ample, or heavier sanctions, normally the burden and ercise that power. I am just curious of whether that is standard of proof are heavier. And the question I have the case and whether the Minister will then reserve is whether part of the reason for that is, are you more that power purely for, shall we say, other companies likely to get some convictions? Because, historically, I which are not regulated or supervised by the BMA. So know under some of the more onerous sanctions un- that is my second question. der the Companies Act they were very difficult to The third one relates to clause 11, which prove because you needed to prove mens rea and speaks to suspected contraventions. It is section 30A intention and that was sometimes difficult to do. So and it allows the Authority (the BMA) to “conduct an although the sanctions were severe it was very diffi- investigation if it appears to the Authority that . . . an cult to find someone guilty because of the very high individual may not be a fit and proper person to per- burden of proof and standard of proof was very high. form the functions in relation to” the activity. Thank you, Mr. Chairman. Sorry? The Chairman: Thank you, Mr. Moniz. [Inaudible interjection] Is there any other Honourable Member that wishes to speak? Dr. the Hon. E. Grant Gibbons: Like Rupert Mur- There being no other Honourable Members, doch, yes. Madam Premier you have the right to reply, if you so But I guess the question I am trying to get a wish. sense of here is, is this anywhere within an organisa- tion? Because it is my understanding, and maybe I am Hon. Paula A. Cox: Thank you, Mr. Chairman. being too simplistic here, that if somebody is in a posi- I think the comment or question by the Hon- tion—an officer or a title position—they have to be ourable Member, Mr. Moniz, mirrors in some part, I approved by the BMA in the first place, normally—a think, an earlier question from the Honourable Mem- CEO, a CFO, that sort of thing—they have to . . . the ber, Mr. Richards. But the issue about the civil versus company has to apply to the BMA to make sure that criminal . . . in the consultation paper by the Bermuda they are “fit and proper.” It is not just for insurance. So Monetary Authority they explain that civil action was a I am curious, does this give the BMA the power, if faster, more targeted form of penalty than the more somebody who has already been approved, as it lengthy criminal process. And criminal prosecutions were, terribly blots their copybook, that they can then were retained for offences such as misleading the Au- go back in and find out . . . shall we say, make a dif- thority. So it was seen as speedier justice and also ferent determination as to whether that person is “fit was seen as more directed and more targeted. and proper.” With the question in terms of the issue, I think, My final query is . . . there is obviously a lot of, of appointing one or more competent persons as in- what I will call, enforcement work and issues that are spectors, just to be clear, I said earlier that it could be going to arise here. What impact is this going to have outside firms and that remains. But it also could in- on the enforcement section of the BMA? Is there go- clude persons from the BMA. It depends on the nature ing to be a requirement for considerable additional of the technical skills that are required. But also, as manpower? Members would be aware, the BMA has also built up House of Assembly Official Hansard Report 18 May 2012 2045 capacity and they intend or anticipate that they will be Hon. Paula A. Cox: I stand to be corrected on this doing more inspections with staff. one, but I believe in this issue what we are doing is With regard to the question, that I think was actually expanding upon the existing power of the Au- raised by the Honourable Member, Dr. Gibbons . . . I thority so that we can actually look at investigating am not sure which clause it was, but we certainly do non-registered persons who are conducting a regis- see the need for there to be an exercise of discretion. trable activity. But we anticipate that this power would I think it was with regard to clause 6, in terms of the be used in respect of conduct while engaged with a penalties for filing delays. And, certainly, the penalties regulated institution rather than revisiting their initial do vary. They are applied, whether they are applied characteristics. I think that is certainly the viewy7point strictly, but we certainly will . . . or I should say the from the technicians within the BMA—that this would BMA certainly looks at the particular circumstances in be used in respect of conduct while engaged with a terms of hardship and they also expect the company regulated institution, rather than just when you are to advise them of the issues. initially . . . I think, incorporating, and you have to look The Minister of Finance certainly will not be at the fitness and properness for purpose of those restricted in using the powers of inspection, but they who are anticipated to be directors. That is so . . . it is may not need them because the BMA has the greater building on that existing platform and giving a little bit resources. So you still have the inherent power of the more meat to it. But that is the rationale. Minister of Finance and you do not want to fetter that power, clearly, but you certainly recognise that you do The Chairman: You have the floor, Dr. Gibbons. have the BMA as your independent regulator. Again, it is hard to speak in a vacuum be- Dr. the Hon. E. Grant Gibbons: Thank you, Mr. cause it depends on the particular nature of the regu- Chairman. latory breach. Also you have to look at the political risk There was a final question. I wondered in terms of risk to the country and what is required. whether the Minister might comment on the need for And sometimes you might have to work in tandem. additional staffing or manpower required to effectively Sometimes you can just have that purely delegated to enforce a lot of the provisions in here, which obviously the Bermuda Monetary Authority. And, certainly, the gives the BMA a lot more scope for enforcement. Bermuda Monetary Authority would expect that regu- Thank you. latory issues under its legislation would be investigat- ed by it and company matters would be dealt with un- The Chairman: Madam Premier? der the Companies Act. I think those, I believe, are the questions that Hon. Paula A. Cox: The BMA has certainly staffed up were asked. in terms of capacity. That is not complete, but what they anticipate is with this enforcement committee, [Inaudible interjection] which consists of those senior executive officers who have been given delegated powers to make decisions Hon. Paula A. Cox: I think that was the discretion in respect of enforcement matters, that certainly that point. But I think maybe if you can go back again, they are moving to where they need to be. They are maybe my notes did not speak to your question as in doing it in an incremental way, but they certainly have the detail you asked. made a concerted effort to build up their capacity over the last several years. So there is no immediate spike The Chairman: You have the floor, Dr. Gibbons. anticipated. But I think the BMA still has a plan and there are still a number of vacancies, and every so Dr. the Hon. E. Grant Gibbons: Thank you, Mr. often they are staffing up as they can. Chairman. Minister, it was clause 11. I was just trying to The Chairman: Is there any other Honourable Mem- get an understanding of why the “fit and proper” issue ber that wishes to speak? was being reworked here. The BMA already has the Madam Premier, you may move the clauses authority to be able to, essentially, assess whether and the Schedule. someone is fit and proper to do a regulated activity, and I was curious as to why this is circling back—is it Hon. Paula A. Cox: Mr. Chairman, thank you for that. because there may be difficulty in going back in after I would now like to, certainly, move the Pre- they have already determined that someone is fit and amble. proper if an event or, shall we say, a contravention were to occur? I am just trying to get an understand- The Chairman: Any objections? ing of the need for 30A(1)(c) on page 7. Thank you. [Gavel]

House of Assembly 2046 18 May 2012 Official Hansard Report

[Motion carried: Clauses 1 through 24 and the Pream- ble passed.] [Gavel]

The Chairman: Carry on. The Speaker: Carry on, Mr. Richards.

Hon. Paula A. Cox: And that the Bill be reported to Mr. Everard T. (Bob) Richards: Mr. Speaker, sort of the House. Thank you. by way of preamble, you know, from time to time much has been made on both sides of this Honoura- The Chairman: Thank you. ble House about caring for the Bermudian people. The Is there any objection to the Bill being report- issue has often come down to how do you define what ed to the House? caring is, and how does a Government demonstrate not only how much it cares, but how well it cares for [Gavel] its people. Now there are an infinite variety of pro- [Motion carried: The Insurance Amendment Act 2012 grammes invented by governments worldwide, a was considered by a Committee of the whole House, broad perspective and spectrum of governments, a passed without amendment, and will be reported to broad spectrum of ideological bent of these govern- the House.] ments in an effort to care for people under their charge. And these efforts have had varying results. House resumed at 2:50 pm The cost-effectiveness of these programmes, also, is something of great debate. Now the implementation of [Hon. Stanley Lowe, Speaker, in the Chair] caring programmes does, indeed, have a cost at- tached and at some point there is a trade off between REPORT OF COMMITTEE what you want to achieve in terms of helping people and how much it costs. INSURANCE AMENDMENT ACT 2012 However, Mr. Speaker, there is one pro- gramme there (and I use the word “programme” in its The Speaker: Is there any objection to the Report of widest possible context) that stands head and shoul- the Committee as printed? ders above all other social programmes ever invented. Agreed to. And that social programme is called a “job.” Good, honest, productive work—there is nothing like it. [Gavel] Now over and above the obvious economic benefits to the person who is working, there are other The Speaker: We will move to the next Order. Order very significant benefits that accrue from a job. The No. 2. I believe the acting Whip, Mr. D. P. Lister, said individual, firstly, demonstrates his capacity to be self- that matter is being carried over, so I need not call it. reliant, to be able to fulfil one’s financial responsibility That brings us to Order No. 3, Motion to be on one’s own, to be able to support one’s family, to be moved by the Honourable Member, Mr. E. Richards, able to accumulate enough money to own a piece of from Devonshire East. the rock, to be able to send one’s children to college, The Honourable Member Mr. Richards has or to be able to care for one’s aging parents, or to be the floor. able to put aside money for one’s own future needs. There is nothing like a job to underscore in a TAKE NOTE MOTION person’s mind his or her sense of self-worth and self- esteem. None of these things that I have mentioned can be possible without that thing called a job. DEPARTMENT OF STATISTICS APRIL 2012 RE- Moreover, people with jobs have a remarkable PORT ENTITLED “THE BERMUDA JOB MARKET EMPLOYMENT BRIEFS” affect on the society as a whole. They cause what is known as a positive feedback loop or sometimes something known in economics as a virtuous circle. Mr. Everard T. (Bob) Richards: Thank you, Mr. Speaker. People employed spend their money in the society Mr. Speaker, I move that the House do now and cause the economy in which they live to grow, take under consideration the following Motion: thereby creating the potential for even more jobs to be That this Honourable House take note of the created. significant findings in the April 2012 Department of Employed people also, hopefully, have money Statistics Report entitled “The Bermuda Job Market left over after their spending and they save their mon- Employment Briefs.” ey in banks and other financial institutions and those financial institutions, in turn, lend that money to other The Speaker: Any objection? businesses and individuals for their credit needs, for Agreed to. their legitimate purposes. So the money that people House of Assembly Official Hansard Report 18 May 2012 2047 earn from jobs gets ploughed back into the economy, So, Mr. Speaker, it is within that context and as I said, as a positive feedback loop. So it has a lot background that I invite Honourable Members to re- more . . . it has a multiplier effect, basically, on the gard the latest Government release of employment economy. data in our Island home. I hope that everyone has had Now those legitimate agendas of those people a chance to at least glance at the report. The front engaged in the sale of goods and services—that cre- page contains two graphs—very easy to read ates an economic activity and adds to that virtuous graphs—and the headline figures are presented in circle (as opposed to a vicious circle), creating more those graphs. The first graph is a pretty simple graph jobs, and the process starts all over again. and it is self-explanatory—that after peaking in 2008 So there really is nothing like that social pro- there has been a falling trend in the number of people gramme known as a job. That is because a job in- working in Bermuda. volves the earning of money, Mr. Speaker, instead of Graph two, the one on the bottom of the page, someone handing you out money. There is a big dif- is more insightful. It has got two graphs, a red line and ference between earned money and a handout. Unlike a blue line. The red line shows employment in interna- handouts, like financial assistance or a subsidy of tional business and the blue line shows employment rent, a person’s activity actually contributes to the in Government. The two lines crossed in 2010 with economy’s overall output. So that is an additional Government employees surpassing international benefit from somebody who is working. If you are giv- business employees. This crossover is highly signifi- en money as a subsidy or financial assistance, there cant because those employed in international busi- is only one side of that transaction—you know, you ness work in a sector that is a net earner of foreign get the money and it is spent in the economy. When exchange, while those employed in Government are you are working there is the other side—your produc- working in a sector that is a net consumer of foreign tivity—that adds to the overall output of the economy exchange. When you have the number of net earners as a whole. falling below the number of net consumers, that is a Because of its unique ability to move society negative trend—a trend that cannot be sustained in forward, the encouragement of full employment— i.e., the long run. everybody working—is usually a top priority of demo- But everyone, particularly members of the cratically elected governments worldwide. Mr. Speak- public (because I know Honourable Members are up er, full employment is, therefore, not only the respon- to speed on this), needs to understand this concept, sibility of this Government; it is the responsibility of that foreign exchange is critical to our society and our this legislature as a whole. economy. It is as vital to our economic well-being and I mentioned the several advantages of em- standard of living as the flow of blood is to our bodies. ployment to society. We have to be mindful of the It would not be an exaggeration to declare that foreign converse of this principle—what happens when exchange is the lifeblood of our economy because it someone is without a job. There is a considerable re- really is. A declining trend in employment in foreign duction in the feeling of dignity, of self-esteem, when exchange earning sectors is, indeed, a bad trend, and someone is unemployed. Low self-esteem can pro- as bad a trend as blood flowing from a wound. It is a duce aberrant behaviour in people, sometimes even state of affairs that has to be arrested; otherwise, the criminal behaviour. body will eventually expire. Families and dependents can no longer bene- The report states (this same Employment Re- fit from the largess of the formerly employed bread- port) on page 4 that even though the total number of winner. It is interesting we have that phrase “bread- jobs declined, there were a number of occupations winner,” Mr. Speaker, because it kind of implies that where there were a considerable number of expatri- when you are not employed you are a loser. So that ates still employed. And the authors of the report say “breadwinner” phrase is really very . . . it is a universal that this represented “opportunities for Bermudians.” It phrase, but it is really telling in terms of the psycholo- went on to say that in the professions more than 30 gy of the whole thing. per cent of workers were expatriate workers. In man- The virtuous circle that I talked about a minute agement positions more than 45 per cent were expat- ago is changing to a vicious circle—it removes the riates. growth, the wealth, and all those things that go with Now, Mr. Speaker, while this statement by the working. The other less desirable and less effective Government Statistics Department on the face of it is social programmes, as I mentioned, like financial as- true, the statement ignores another undisputed truth. sistance, housing subsidies, have to implemented by And that is with the decline in the total number of ex- Government and private agencies to fill the vacuum patriate workers, the opportunities for Bermudians to left by the absence of honest, productive work, or replace them also decreased. This is because the sometimes the absence of adequate levels of pay. trend is a result of decisions—a decision chain— These programmes are inherently less effective, pro- decision chains that started out at the highest corpo- duce psychological dependency, and are more ex- rate levels to move certain positions out of Bermuda pensive than productive employment. to other countries. So long as that position—whether it House of Assembly 2048 18 May 2012 Official Hansard Report is CEO, CFO, manager, assistant manager, it does which encourages that new investment is something not matter, whatever—so long as that position was that we still have not done yet. So that is one of the earmarked to be filled in Bermuda it represented a major challenges going forward for Bermuda, to cre- potential opportunity for a Bermudian. But once the ate an environment where investors can feel confident position was moved off-Island, that opportunity for a enough in Bermuda to put the billion or however many resident Bermudian disappeared. dollars that is required to build some major new hotels So the statement about “opportunities” by the in our country. So that really is something that is im- Statistics Department was true on the face of it, but it portant to the future of tourism and the future of em- was not the whole truth, because they left out that part ployment in tourism in Bermuda. where when the job gets exported out of Bermuda, The largest uptick in occupations in this sur- then that represents a reduction of opportunity for a vey, Mr. Speaker, was associated with government, Bermudian as well, not unless that Bermudian is going education, health and social work. The salaries of the- to pull up stakes and go to move and live in Nova se workers have to be paid for by taxpayers and/or Scotia or Ireland or wherever. Government debt. Now, in the occupational categories, senior Mr. Speaker, there arises a question of cause managers, professionals and technical and associate and effect here. Most casual observers may say, Well, professionals—all are occupations associated with it is obvious. The decline in the economy is the cause international business and they are all down. The craft and the fall in employment is the effect. Now that rela- and related trade workers were down . . . it was this tionship is clearly implied by those people that wrote category, an occupational category, that was actually the Employment Report, the statisticians. The implica- down the most. And these, of course, are occupations tion was very clear that that was what they thought. associated with the construction industry. Now, the That is how they see the model working. The econo- construction industry, Mr. Speaker, is a consumer of my declined and people . . . there was less employ- foreign exchange using foreign exchange to build in- ment. frastructure. The depressed state of construction is a Well, Mr. Speaker, what if it was the reverse? testimony to the creation of an excess in certain types What if the decline in the number of workers was the of infrastructure, as well as testimony to a relative cause and the decline of the economy is the effect? scarcity of foreign exchange—our economy’s life- Or what if the fall in the employment is both cause and blood. It is in the nature of construction to be highly effect? It seems a bit whacky, but let us look at this cyclical, it is a boom or bust industry everywhere in because there is this thing called virtuous circle, as I the world. talked about earlier. But can that even be possible for While I strongly believe in the self-correcting employment to be the cause and effect? Well, in a nature of free markets, in a small Island like Bermuda world where we have virtuous circles it can be. I will with an umbrella of protectionist regulations, there is give you an example. often not enough competition to ensure it to be self- If you have Company “A” that moves an ac- correcting. Now this happened in the first decade (that counting department to Nova Scotia—this is the cause we are in now) of the new millennium, this is exactly of a decline in economic activity in Bermuda because what happened. The Government of the day failed to the spending of those people is lost to us. But that recognise this and thus the sector overheated a great decline of sales can be the cause of further job losses, deal. Prices were driven up to unsustainable levels in say, the retail sector. So this is actually an example and the day of reckoning was, in fact, in 2007 when of a vicious circle, not a virtuous circle. So this is a the term limit clock expired and the boom turned into a vicious circle. So this is an example of how a decline bust. Employment figures in this report are proof of in workers in Bermuda can be the cause of job losses, that bust. the cause of economic weakness, and also the effect Now there was a moderate uptick in workers at the same time because of this thing called a vicious in the hotel industry—another foreign exchange earn- or virtuous circle, a feedback loop. ing sector. It used to be our main foreign exchange We already know from a previous debate that earning sector, now it is a distant number two. That we had on the Albright Stonebridge [Group’s] report, uptick was a good thing, it is a silver lining on a cloud, that the reinsurance sector is our major foreign ex- you might say. The future growth of the number of change earner and it remained strong during the people in this sector has a lot to do with the capacity global recession. So we can dismiss the notion that in the industry. In other words, you know, we have half the initial cause of the reduction of employees in Ber- the hotel capacity now (bed capacity) that we had 30 muda was the global recession, the weakness of the years ago. And for us to increase the number of visi- global economy. So we think the decline of workers in tors to Bermuda we are going to have to do something Bermuda is both cause and effect of economic decline about that capacity, which involves a significant new in Bermuda and the Bermuda economy. investment in hotel beds in Bermuda. For some folks this argument, as I say, seems So, new properties are vital for the growth in whacky and counterintuitive, but not for those of us our hospitality sector. Yet to create an environment who are students of economic history, Mr. Speaker. House of Assembly Official Hansard Report 18 May 2012 2049

Economic history worldwide shows us that the move- the salaries of Government workers. And what would ment of people has been a very powerful force for all these Government workers do? I do not know. economic change worldwide and over time. We just Mr. Speaker, when we talk about this thing have to look to our giant neighbours next door, the called a job being a magic thing for a society, we United States of America. The USA became an eco- talked about it in terms . . . we defined it as good, nomic colossus and that was fuelled by the immigra- honest, productive work. Because the question is, tion of millions of the so-called “huddled masses” who should Government create “make-work schemes” just passed through Ellis Island, not to mention the mil- to provide people jobs? Now, make-work jobs are not lions of Africans that were forced to immigrate to the productive jobs. They are jobs just to give people pay. Americas. So the movement of these large numbers But if there is nothing really productive for them to do of people was the thing that created this economic these make-work jobs are not the kind of jobs that I colossus called the United States of America. am talking about, that move the economy forward, Now, in Ireland (we talk about Ireland from because there is no productivity involved and you time to time) they have gone through a series of eco- have to have both—the pay and the productivity. So nomic disasters in their history. And a number of the question arises, exactly how then . . . if the Gov- those economic disasters in Ireland have been ernment cannot employ everybody, how then does a caused by the other half of that huddled masses thing Government fulfil its responsibilities to promote full I just talked about, where you had hundreds of thou- employment? sands of Irish who left Ireland to go to North America. There are those who believe that Government And when they did, the Irish economy collapsed. should essentially generate work—make-work pro- Another example I can use, perhaps a little grammes—no matter what the cost, so long as people closer to home, the exodus of thousands of Jamai- have the dignity of work. Now, there are two factors cans, particularly during the Michael Manley era, throt- that we have to think about with that in this context. As tled any hope of that economy ever growing. As a a tiny Island with limited resources, there is a distinct matter of fact, that island’s economy and its currency limit to the amount of people that the public sector can declined dramatically after they had this huge exodus employ. If the creation of extra jobs in the public sec- of people from Jamaica. And in that case it was not tor results in Government debt, then the credit mar- only just the number of Jamaicans who left Jamaica, it kets will be the final arbiters as to how far the Gov- was in fact a brain drain from Jamaica. So all of the ernment can go. Unfortunately, when they do ultimate- professional class, the people who were merchants, ly arbitrate it will have a calamitous consequence, that educated folk—they all left and caused an economic is for sure, when you run to that limit. Now if a make- depression in Jamaica that lasted a generation. work programme has to be funded by higher taxes for There are plenty of examples of movements taxpayers, then those jobs will actually have a de- of people worldwide that had economic consequenc- stimulating effect on the economy. es. Human resources are, indeed, very, very powerful So pursuing such a policy, we think, would be assets—arguably, the most powerful of all asset clas- irresponsible and breaks the OBA’s . . . one of our ses. core principles, which is the principle of responsibility. So in Bermuda our lifeblood is foreign ex- The ultimate source of growth for Bermudians is foreign change. The foreign exchange does not arrive here on exchange and Government is a net consumer of it. its own, Mr. Speaker, it arrives here bundled with Swelling the ranks of Government to employ Bermu- people from abroad. Whether it is in the form of short- dians increases the users of foreign exchange and term holiday makers, people we call tourists; or long- decreases the generators of foreign exchange, which stay customers, foreign workers. The amount of life- is the private sector. This will damage our economy giving blood to our economy rises and falls with the and always have a bad outcome for Bermuda. number of those people and the amount of money In order for Bermuda to succeed and grow we they spend in our Island. The statistics in this report need to earn more foreign exchange, not less. The clearly show that. greater the number of people working in foreign ex- I mentioned earlier that there is a responsibil- change earning sectors, the better it will be for all ity of this legislature to promote full employment. What Bermudians, including those people working in Gov- do I mean by that? Does this mean that the Govern- ernment, because that is where the ultimate source of ment should employ everybody in the country? Well, if their pay is too. that were so, who would pay the taxes required to pay In the long term no country can afford to em- employees? So that does not seem to be practical. ploy workers in make-work programmes, not even the Does it mean that Government should employ big countries. We see the consequences of this in Eu- every Bermudian that wants a job irrespective of their rope today. In a lot of the European countries— training, qualifications or suitability? Well, in this case, Greece and Spain, in particular—there are millions of Government would probably be all Bermudian and the people who work for Government who are doing noth- private sector would be all expat. Again, there would ing and getting paid. And they are bringing those not be enough dollars outside of Government to pay economies to their knees right now, today. House of Assembly 2050 18 May 2012 Official Hansard Report

So work must be productive, Mr. Speaker, if However, we at the OBA see this bad news wealth is to be created. In today’s information age really as an opportunity. These negative trends can be there is a premium on knowledge workers, which reversed if the correct policy changes are made. And brings us to the question of education. Particularly in the next OBA Government will make those changes to Bermuda we must produce knowledge workers. And bring confidence back to Bermudians, back to Bermu- to be a knowledge worker you have to have a good da business, back to the Bermuda economy, and thus education, a good, modern education. So our ability to change this negative trend into a positive one. educate our people is crucial for us to, in the long Thank you, Mr. Speaker. term, turn around our situation with employment. If we keep producing workers who are not knowledge [Desk thumping] workers, it is going to be more and more of a drag on all taxpayers because ultimately the knowledge work- The Speaker: Thank you, Mr. Richards, the Honoura- ers are going to have to subsidise the non-knowledge ble Member from Devonshire East. workers. So, education is key here. Any further speakers? We are debating the In a country with no natural resources and an Take Note Motion by the Honourable Member, Mr. E. economy that by nature is addicted to foreign ex- T. Richards, on the Department of Statistics Report change, we must use all our resources to make sure entitled “The Bermuda Job Market Employment that we increase the employment in the private sector. Briefs.” Our ability to finance make-work programmes in Gov- I now recognise the Honourable Member, ernment is very limited. As a matter of fact, it ranges Mrs. P. Minors, from Smith’s North. from very limited to zero. We just cannot do it. We do Minister Minors has the floor. not have the magic printing press in the basement Minister? where we can print our own money. So where does this leave us with our respon- Hon. Patrice K. Minors: Thank you, Mr. Speaker. sibilities to full employment? It leaves us no other op- Mr. Speaker, on this Motion which seeks to tion than to promote policies that create employment draw our attention to the Bermuda Job Market Em- opportunities in the private sector—that sector that is ployment Briefs, I intend over the next several minutes a net foreign exchange earner. Swelling the ranks of to speak to what the Honourable Member had said at Government workers is not sustainable because to do the start of his comments pertaining to this and ques- so increases the drain on our lifeblood—foreign ex- tioning the caring Government that we are as a per- change reserves. And without a pick-up in the private tains to our ability to address the employment needs sector we will run out of that lifeblood. I think every- of Bermudians. And I am going to take the next sev- body agrees that sustainable jobs are what we are eral minutes to speak to the variety of programmes looking to create. and the statistics that we have pertaining to our ef- Mr. Speaker, our analysis brings us back to a forts. familiar refrain. At least it is familiar to us in the OBA. And that is we must use all our means to restart The Speaker: Yes. growth in the private sector of our economy by, first, removing impediments to job growth, which include Hon. Patrice K. Minors: Recognising, as has been term limits and immigration bureaucratic hassle. At the indicated in his speech, that there is a perception that same time ensuring that immigration rules that are in there is a low number of jobs for the unemployed place are properly enforced, particularly as it relates to here, what I aim to concentrate on is the need to re- those companies in Bermuda that will abuse immigra- train and re-tool those that are unemployed so that tion rules for their own purposes. they can attain the jobs that are currently available to We also have to increase the intensity, quali- the guest worker so that we can see our Bermudians ty, targeting, and coordination of our efforts to attract being employed. new business to our Island while providing an envi- Out of this document that had been provided ronment that will encourage inward investment to our by [the Department of] Statistics there are some areas hospitality sector. that I think it is important that we highlight. And one is Mr. Speaker, this Employment Report con- the rebound in tourism along with Government initia- veys negative news to the public, but it is really not tives that has led to the increased employment at ho- news, is it. It is more like a validation of what we al- tels and restaurants. And also to highlight that Gov- ready know because I think everybody knows that ernment has obviously made a commendable effort in employment is down in Bermuda. You know, all you keeping Bermudians employed during the downturn have to do is come into Hamilton at 8:30 in the morn- and it remains a top employer, as the Honourable ing and you see that line-up down at East Broadway Member has indicated, of Bermudians. And to take and it is nothing like it was five years ago. That is a note that Public Administration is now Bermuda’s barometer of how many people are in Bermuda. leading employer. Also, to highlight the fact that op- portunities exist for Bermudians in job categories that House of Assembly Official Hansard Report 18 May 2012 2051 have a high percentage of foreign workers and initia- intended to benefit the unemployed or underem- tives are in place, as I spoke a minute ago, to get un- ployed. employed Bermudians to fill these jobs. They cover such concentrations as the Mi- One case in point is the very significant press crosoft Office Suite, software training on keyboard, conference that I had yesterday, in which we had in Microsoft Word and Excel, averaging some 31 at- attendance the President of the Bermuda College, tendees per month. Job preparation techniques in- where I announced, and as seen in the Ministerial volving résumé development, cover letter, and inter- Statement given this morning, a $500,000 retraining viewing preparation skill training, averaging 12 at- scholarship programme for those persons who may tendees per month, with a soft skill focus on customer find themselves unemployed or underemployed in the service. And we know, Mr. Speaker, this is something area of accounting, giving them every opportunity to that is just tantamount to being a good employee is achieve certification in accounting, be it their CA, their your ability to render that level of service that makes CPA, or their ACCA, such that they might and can the job much more enjoyable and obviously a cus- assume positions within accounting. tomer’s experience much more enjoyable. So that and Accounting is deemed to be a . . . or is a sig- job search techniques and work ethics are averaging nificant employer of . . . a post that is held significantly seven attendees a month. by guest workers in the . . . my understanding is that Mr. Speaker, all these soft skills have been there are three categories of accounting that we keep incorporated into not only the Waiter/Server Pro- record of in the work permit section. And in Account- gramme, but in the Kitchen Assistant Programme that ant I there are some 69 per cent of the 707 jobs that has been running for the past several months. The are held by non-Bermudians. In Accountant II there Waiter/Server Programme had some 86 participants are some 52 per cent held by non-Bermudians of enrolled in the training course with 51 successfully some 333 jobs. This is as of 2011. And in sectional employed to date. Mr. Speaker, our mandate initially category Accountant III there are 41 per cent repre- was that we would have 100 persons coming through senting some 120 of the 290 jobs as of 2011. this programme and employed. We have not reached So our decision to focus on accounting for be- that number yet but we are making our strides to get ing an area for which we wish to re-tool and re-skill there and we will continue to offer this programme our Bermudians is quite reflective of the fact that we until we get to that number. There have been . . . 36 of wish to see more Bermudians attaining and holding those participants have enrolled and 16 are gainfully these positions within accounting. And as given in my employed to date. Ministerial Statement, this is just a start, Mr. Speaker. The Horticultural Programme, it began, Mr. There is every intent that this will move . . . these Speaker, back in September 2011 and covers some funds will be used in the future to provide the same 15 core subjects that touch into shrubs, trees, ground opportunities for those in IT, for those looking to work groves, vines, natives, ornamental grasses, and the in a secondary school system . . . because in the sen- like. To date the programme runs and requires those ior school system some 45 per cent of the positions persons that are enrolled in it to attend class every held as secondary teachers are held by 153 non- Thursday from 8:00 to 4:00. For the balance of the Bermudians of the full 337 [positions] that are availa- week, Mr. Speaker, they are actually working with a ble in this category. company that has signed up for the programme and Mr. Speaker, let me now just go into what I who have had the benefit of using these young per- will seek to show as evidence of the concern and the sons within their company. caring effort that we are making to make sure that our The duration of the programme is some three Bermudians are employed. I have spoken quite re- semesters meaning that participants will graduate with peatedly on the floor of this House pertaining to the their certificates on the 14th of next month. As a result Waiter/Server Programme and the like, but right now I of some attrition, 8 of the original 12 participants will am going to speak specifically to the other pro- graduate as scheduled. There is a summer pro- grammes that are available through the National gramme showing our commitment to this that will be Training Board under the auspices of Labour and starting . . . it has started May 14th with some eight Training, to afford every Bermudian the opportunity to participants attending classes from Monday to assume positions of employment for which they have Wednesday each week until the 14th of July. a passion and an interest in. Under the Horticultural Programme, Mr. To date, Mr. Speaker, the Labour and Train- Speaker, I mentioned a month or so ago when I lifted ing [Board] has referred some 330 individuals to 142 the moratorium on the landscapers that I had joined companies who have contacted the department for with the Landscape Association to get the commit- assistance in identifying suitable candidates for em- ment from them to employ young people within the ployment. And of that number, 51 have been placed senior school system to come in and work with them. since January 2012. The Office of Labour and Train- And this was under the suggestion of the Landscape ing suitably attended to by the staff have offered a Association because what they had found in the past wealth of programmes and delivery of workshops, all was that when you get a person coming in as a teen- House of Assembly 2052 18 May 2012 Official Hansard Report ager and having the experience of working in the in- portunities for increasing one’s skill to attain employ- dustry, they have a greater potential to stay in it, enjoy ment. it, and continue beyond graduation from school. So There is the National Technical/Vocational we listened to their suggestion and actually have put it Training award where the NTB is providing funding for into place. 20 students concentrating on vocational occupations Under the Department of Community Educa- to an amount of $5,000 per year for four years of tion this will be rolled out this summer with students study. Obviously, the young person or the applicant is coming from the senior school in two streams, in the requested or required to meet the standards of qualifi- beginning and the end of the summer, that will afford cation that are there, maintaining a GPA (grade point these young people to have employment working in average) of 2.7. landscaping. There is the Maritime Cadet programme that Drywall technician course is another one operates out of Holland College in Prince Edward Is- which we really have our eye on, Mr. Speaker. And land with which the NTB has a relationship. This pro- why? This is because we have two significant build- gramme is also fully funded in the amount of some ings that are going up right now—that being the Wa- $9,000 Canadian. Also, we provide the air fare, and terloo House and the hospital site. And there is defi- over a period of two to three months the young people nitely a need for drywall installers to be utilised at the- that are successful get to spend time out on a mer- se properties. chant vessel at sea, in addition to receiving some What I have learned quite quickly, Mr. Speak- bridge training. er, is that there are three phases or three skill sets Mr. Speaker, there is a college, the Holland that are required for someone to render drywall ser- College and Red Seal certification for culinary arts. vice, and we recognise that there are about 12 to 15 The area of culinary arts, if we might take a quick look Bermudians within that industry of drywall that can do at the amount of people that are guest . . . the jobs, for the job and that have the varying techniques or the example, in chef de partie cook, there are some 685 specifics or the skill set for each of those phases. But persons that hold jobs in this area as of 2011. Of that, we need more. Mr. Speaker, 516 are held by non-Bermudians. A Mr. Speaker, what we are doing quite actively great opportunity, Mr. Speaker, for us to get our young right now, NTB is having discussions with overseas Bermudians who enjoy being in the kitchen, who enjoy vendors to give the opportunity to those persons tak- eating, and most importantly who enjoy cooking, to ing this course that is offered at the Bermuda College, enrol in such a programme that provides the appropri- so they can garner some quick, exaggerated skill and ate certification. And we know of young people that training in this field, so that when it gets to the phase . have succeeded and moved on to great levels. This . . and I believe the hospital may have already signed is— on the tenders for these jobs, can get the opportunity to work in it. So we are not only seeking to provide the [Gavel] skill set required, Mr. Speaker, we are being proactive in our attempts, we are being proactive in our discus- The Speaker: I hear a conversation going over here sions with the various key players. making it difficult for me to hear the Minister. Another programme that is available through Carry on, Minister. National Training Board is one that is called the Indian Technical and Economic Cooperation programme. Hon. Patrice K. Minors: There are currently some And that is available and it last ran, as a 12-week three people that are enrolled in this programme. course, last year between June and September. And Mr. Speaker, the apprenticeship scheme, there are the opportunities for more young people to which is one that has a benefit to the employer as well have that experience, to get their certification towards because any employer that seeks to take on an ap- information technology and networking. prentice has the opportunity to receive a benefit of the Colleagues will be aware of the Whistling tax waiver. And these apprentices must be authorised Woods International programme that is fully funded to and pass through the National Training Board and an amount of $30,000 per student. There is one stu- thus . . . right as of date, we have some 22 apprentic- dent that is currently in India studying to be an actor. es who are on record of having formal contracts of And as I said, Mr. Speaker, this is fully funded by the employment with their employers. And thus, the em- NTB and the Indian Government actually pays the first ployer is receiving the benefit of a tax waiver. six months of rent for their accommodations. So there The BELCO apprenticeship is another joint are opportunities out there that we will, that being the initiative that the NTB has, which offers instruction in Labour and Training Board, will soon be exaggerating millwright and power systems, power alignment, and our efforts to get all this information out there so that it machinist. There are currently six in these pro- is not lost. And every opportunity will be shown that grammes. There is the apprenticeship programme there are opportunities for employment, there are op- with Public Works, some six persons are involved . . . are enrolled in that as well. We have the Bermuda House of Assembly Official Hansard Report 18 May 2012 2053

College and NTB apprenticeship programmes. We de partie cook, and also the accounting. But one area have the HWP Group apprenticeship programme. And is nursing, Mr. Speaker. This is an area for which we we have the Bermuda Construction Association ap- would be very, very . . . it would be important for us to prenticeship programme. encourage persons to enter into. We have a pro- I went through all that methodically, Mr. gramme that is running out at the Bermuda College Speaker, so that we could see that this Government is that has the opportunity for one to continue and get one that is caring. This Government is one that, as their degree post doing two or three years here. And shown through the press conference yesterday, is that is significant that in an effort to bring down this 63 looking to provide re-tooling of people within the pro- per cent of positions being held by non-Bermudians, fessions. As we know, the international business train- we really do need to attract more Bermudians into the ing and also through what I just went through—those area of the nurturing profession of being a nurse. that may be in different trades—is evidence that we Another area for which we see a high number do recognise that this time affords a great opportunity is that of nursemaid and nanny. And we recognise for people to be retrained and redirected if need be in that it is quite specialised and we know that many of other areas of employment. the people that fill this role are individuals that come Mr. Speaker, there were . . . I also wanted to from the Philippines, which has been my . . . what I share some statistics pertaining to things happening have seen in most instances, and they are . . . and we within the work permit section. One cannot talk about have listened to the pleas coming from the senior the Bermuda job market without obviously referring to management of international business that say that, the work permit section and the number and the sta- You know, my wife is only allowing me to stay if I can tistics that we are seeing move through that office. have this nanny to help take care of child and house- Right now the section processes some 6,043 standard hold. But I am having some difficulty with this applica- one to five work permit applications in an average tion being looked upon in a favourable fashion. And turnaround time of 10 weeks. And this compares to Mr. Speaker we obviously use our due diligence in 8,171 in the previous year. As I have said, not just making the decision in this regard and in most cases, from the floor of this House, but also in a recent com- as long as the person has not reached term, we afford munication that I sent to some thousand both local that opportunity for such persons to remain as a nan- and international businesses, that we aim on turning ny or nursemaid for that household. this around to a four-week period from the point of But it has always been interesting and difficult receiving a fully complete and accurate application in that we see many a Bermudian, obviously because package to the point of rendering and giving a deci- they have families here, is not inclined to work the sion. significant hours required to hold this position. And the Mr. Speaker, last year there were some 5,210 same is true of the jobs of pot washers and kitchen temporary three month and periodic work permits pro- assistants. And we recognise, Mr. Speaker, that we cessed in 2011 compared to 6,000 in 2010. So many had offered a course in kitchen assistants. And I will employers use the temporary permits, which are pro- say here on the floor of the House that that pro- cessed in 10 days, as a means of bringing in their gramme has not been as successful as we would substantive work permit holder. But that has been de- have liked with regard to finding and securing em- clining because we have shown our ability to turna- ployment for the persons that enrolled as we have had round an initial application in a timely process and, with the Waiter/Server Programme. hence, we have seen the reduction of the use of the It is a hard job, and not to say that we are not temporary permits. open to hard work, but it has proved to be less of an Mr. Speaker, as at March 2012 there were attractive job for many a Bermudian and hence we some 8,111 work permits spread over a variety of oc- find some of the persons that have taken the course cupations and application types. And the application have actually been opting to do the Waiter/Server types are split out into whether you be initial for one Programme course. So we are still moving towards year or initial for two years or initial for three years. having these persons [employed]. And as I had spoken to a couple of weeks ago, we Another area for which we wish to encourage have seen an increase in the 10-year work permits more Bermudians to enter into is that of actuary, and being issued and approved. And of those 8,111 work we have actually seen those who have a propensity permit holders there are some 483 dependents asso- for numbers and the intricate mathematics that goes ciated with that. And it is likely that many of the with it to enter into the field of actuary. There are a spouses of these persons that hold work permits are series of exams that must be taken to reach that des- also . . . have similar work permits issued to them. ignation, but the percentage held by non-Bermudians But what I have noticed after looking through is some 86 per cent, which amounts to some 123 non- this document is the need to concentrate on areas for Bermudians in this area. which Bermudians should be encouraged to seek em- Mr. Speaker, we know that women and some ployment and to better themselves to achieve these men entrust the beautification of their hair to many a positions. I spoke of one already, that being the chef beautician. And many of them tend to be from over- House of Assembly 2054 18 May 2012 Official Hansard Report seas. So we see that there is not a high number of recognise that they have a significant role to play in trained and certified Bermudians that are in this indus- the growth of our economy and the growth of Bermu- try. And we have a course that is available at the da as a whole. So let that not be said that because I Bermuda College that right now, I believe, is being speak of areas for which we wish to encourage Ber- taught by Kadist Emery, who is a young lady who just mudians to attain that we also recognise the signifi- recently opened up her own beauty salon called Salon cant importance of the guest worker on the Island. Pink, has availed herself on (I think she is probably That represents, Mr. Speaker, my contribution going into her third year) training Bermudians to learn to speaking to Bermuda job markets. And, hopefully, it the trade of being a hair stylist. has given a snapshot as to what this Government is What we need to do, Mr. Speaker, is to en- doing in that regard. And I have not even taken the courage these young people to go the next step and opportunity to talk about the various efforts that have to get the international experience, whether going to recently been announced through Public Works and school overseas or having the opportunity to possibly the like as to the opportunities that will be afforded to work in the UK to get that clientele and that experi- Bermudians for employment. And I trust, Mr. Speaker, ence and then to come here and assume positions that my colleagues will speak to those items. that can see the number of some 109 beauticians held Thank you. by non-Bermudians to be provided as job opportuni- ties for Bermudians. And the same applies from my The Speaker: Thank you, Minister Minors, the Hon- perspective to those that are spa therapists. ourable Member from Smith’s North. We see most of the people that were . . . ex- Any further speakers? cept for, I believe, your son, Mr. Speaker, who is in I now recognise the Honourable Member, Dr. that field, who does a great job. And I will not go into it Gibbons, from Paget East. any further with regard to that. Dr. Gibbons, you have the floor.

The Speaker: I will pass that on. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. Hon. Patrice K. Minors: There are not many Bermu- Mr. Speaker, I am pleased to be able to con- dians who provide a service of spa treatment and we tribute on my honourable colleague’s Motion which is need to encourage that. I think anyone that would go that this Honourable House take note of the significant to some of the Caribbean islands, the persons that findings in the April 2012 Department of Statistics Re- serve them are all persons from . . . for the most part, port entitled “The Bermuda Job Market Employment from that island. And I think that Bermuda should not Briefs.” be any exception to that and we need to be encourag- I would like to start off on page 1 of that par- ing our young people to enter into such a profession. ticular document under what I guess you would call So those are some of the ones, I just wanted the introduction or the synopsis. And it is towards the to touch on. And I was pleased to see on the news bottom of that page and it says, “For the third consec- last night that while we are at 40 per cent of Police utive year Bermuda’s job market declined substantial- Officers are held by non-Bermudians (this is as per ly. The economic downturn continued to negatively 2011) we had a good crop of persons that have impact employment in the workplace. The number of signed up as police cadets for the new season, if you filled jobs reported in 2011 was 37,399 compared to want to call it that. It is good that we can see young 38,097 in 2010, a loss of two per cent or 698 filled people and not so young people still willing . . . irre- jobs.” spective of the climate that we are in right now, to en- This is the interesting part, Mr. Speaker, “Non- ter into the profession of providing safety to the popu- Bermudians comprised the majority of job losses ac- lation. counting for 691 positions. There was a loss of 60 So, Mr. Speaker, I shared all of that to advise filled jobs amongst Bermudians . . .” the listening public of areas for which we need to en- Now, just listening to the Honourable Member courage Bermudians to express and show an interest who took her seat and, quite frankly, it is fairly wide- in so that we can prepare for the future and have spread out there, there are a lot of people who believe more Bermudians attaining and holding positions that that the loss of non-Bermudian jobs is a good thing. historically have been mostly held by non- They think it is a good thing because it presents an Bermudians. And this is not to say that, Mr. Speaker, opportunity for Bermudian jobs. But I think as my hon- so that it is not taken any other way, that we recognise ourable colleague, Mr. Richards, pointed out very and we appreciate the need and the interest of the clearly, in point of fact the loss of non-Bermudian jobs, guest worker wishing to come to Bermuda, because and particularly those jobs where the job actually we need them. moves out of here to some other place, is actually a There is no doubt that we need them. We very detrimental thing for Bermuda. need them to assist us in rendering the service that is I think the trend that we are seeing, particular- expected, not just in service, but in goods. And we ly in certain sectors, is very, very disturbing indeed. House of Assembly Official Hansard Report 18 May 2012 2055

And the reason for that as my honourable colleague, with—if there is no job, it does not matter whether Mr. Richards, pointed out is . . . there are two reasons, there is a training programme or not. because if a non-Bermudian job disappears it means And not only that, it is affecting a lot of other, there is less opportunity for a Bermudian to actually mostly Bermudian, jobs out there in all those service take that job. So that Bermudian can be as trained as and retail sectors. So I think when the Government is required, but if the job is not there, there simply is starts to talk about a decline in work permits as some- no opportunity. The second issue—which I think we thing that is good, in some very small respect it might are all seeing to an extraordinary degree now, particu- be if there is actually Bermudian replacing, but in large larly, if you are in the retail trade where you are part a lot of this means a huge economic impact on providing services out there broadly—is that when Bermuda right now. those 691 positions (those non-Bermudian jobs) actu- I think my honourable colleague also pointed ally disappear that is 691 less people who are spend- out the importance of the private sector foreign cur- ing their salaries in restaurants, renting houses and, rency earning jobs as well. And that is not to detract Mr. Speaker, I do not need to tell you how many from Government jobs because I think we obviously apartments and condos for rent there are on this Is- need civil servants to perform a range of services land. It means that all of those . . . all that money that which we all depend upon. But it is those foreign ex- they are spending simply disappears. And on page 2 change earning jobs which power this entire commu- there is an interesting example of this. nity. They are the ones that allow us to purchase cars overseas, to go on trips, to educate our children over- [Inaudible interjection] seas—all of that because you cannot do that with Bermudian dollars. So there are a number of factors Dr. the Hon. E. Grant Gibbons: Not entirely, Hon- going on here as well. ourable Member. I am going to get to this issue of individual If you go to page 2 and I go down to . . . since categories because I think it is important for a number the Honourable Member is interested in international of reasons. And the Honourable Member, Minister business activity, I will go down to international busi- Minors, actually touched on it as well. But I think it is ness activity. Page 2, it notes that in 2008 there were important . . . important, really important, to essentially some 4,761 employed in international business. Now, look at this issue of what happens when jobs disap- lest everybody think that is non-Bermudians, that is pear. Now, I am going to break it down into a couple actually not the case. Some of the larger reinsurers, I of different categories. One is, as you will see on page think the ratio of Bermudians to non-Bermudians is 1 here, we have seen a dramatic decrease in the total two-thirds to one-third—two-thirds Bermudians to one- number of jobs here as well. third. Those 4,761 jobs—Bermudians and non- The Honourable Member, Patrice Minors, said Bermudians—have now declined to 4,077. That is a that she believed the Government (and I wrote it loss, basically, of a little over 700 jobs. down) has made a commendable effort in keeping Now, if you take an average salary here (and Bermudians employed during the downturn. I guess I the median salary here is $111,000 a year) but many have a couple of reactions to that. One is, if you are of these job losses are not just average, they tend to unemployed, the effort of Government is not com- be higher end because we have seen quite an exodus mendable at all. But I think what is more important of middle and senior level job executives in interna- about this, Mr. Speaker, is that when you actually look tional business (which is obviously an interest of that at Government’s records in terms of Bermudian jobs, Member there), both Bermudian and non-Bermudian not just in the last couple of years, but if you take it jobs. But if you take that 700 jobs between 2008 and back to 2000, what you will actually find is that there 2011 and you multiply that by, let us say, effectively, has been a loss of over 2,600 jobs between the year $100,000 a year (it is probably closer to $150,000 a 2000 and the year 2011. That is over 2,600 Bermudi- year for the levels we are talking about here) what you an jobs—through the good times and even the bad are looking at is a loss to the economy of something times. Yes, there have been probably a few more re- like a $100 [million] to $150 million a year. cently but this has been a consistent downward trend So this report, I think, points out very clearly in spite of all of the term limit policies. why when you start to lose those jobs—non- In spite of all of the protestations that the work Bermudian and Bermudian jobs are being lost as permit policies have been essentially benefitting Ber- well—it has a significant impact on the community. mudians, what we have seen is the number of Ber- So when people say, Don’t worry about it; this mudian jobs (and this is the Statistics Department is great. They are all leaving and Bermudians can numbers, they are not mine, Mr. Speaker) have gone take those jobs, the fact of the matter is that this is not from 28,881 down to 26,187 in 2011. And you will see the case. Because not only is that job, in many cases, the 2011 number on the second page of this report probably gone—so no matter how well trained that about three or four lines down—26,187. That used to Bermudian is, no matter how many last-minute job be 28,881 in the year 2000. training programmes the Government comes up House of Assembly 2056 18 May 2012 Official Hansard Report

So, when the Government says they have Dr. the Hon. E. Grant Gibbons: In 2005, there were done a commendable job with creating or preserving 843 accountants in that particular category compared Bermudian jobs my reaction is absolute nonsense! to 707 now. At that time there were 561 non- You have not even been able to keep Bermudian jobs Bermudians, which was actually 67 per cent. So since during the good times, during the boom times of the 2005, not only have there not been more Bermudians years 2000 through 2005/06, wherever you want to in these categories, the ratio has actually declined. It call those good times. is now 69 per cent; it was 67 per cent. So my point, Let us talk a little bit more about some of the- Mr. Speaker, is when we needed these training pro- se issues because I think it was interesting . . . the grammes—not these last-minute efforts to try and Honourable Member zeroed in on some of the job gain electoral points here . . . when we needed these categories that the Honourable Member did target. programmes was in 2005. And I would like to talk about a few of those as well. I think the Honourable Member, Patrice Minors, was [Inaudible interjections] talking about in terms of training programmes. Mr. Speaker, I would say these training programmes very Dr. the Hon. E. Grant Gibbons: Mr. Speaker, the simply are too little too late. When we needed the Honourable Member is interpolating. We know there is training programmes was back during the good times an election coming up. We understand what Govern- because it was when these jobs were available, and ment is doing here. the jobs were still here to a large degree, when people But in 2005, the other interesting case here, were looking to hire people. Not now when people are the other interesting issue is that what we are actually looking to save money and lay off people. If the jobs seeing here is a loss of jobs in this accounting catego- are not there, all the training programmes in the world ry. And that is the more problematic issue. Because are not going to help you. not only are they not there spending money in our If you look . . . and this is now skipping over to community, but they are not there so that Bermudians page 7 of the report, there is a whole series of job can take their positions as well. And in fact, what you categories listed here. They speak to the total number have seen in that particular period is the number of of jobs in 2011. They speak to the number of jobs held Bermudians (which bears out the point about jobs) by non-Bermudians, and they speak to the percentage has actually declined from 282 Bermudians in that of jobs filled by non-Bermudians. And as my honoura- category to 217 in 2011. So what we are seeing is a ble colleague, Mr. Richards, said, the purpose of the- lowering of the opportunity for Bermudians as a con- se tables was to demonstrate that there are still a lot sequence of some of these Government policies. of job categories which are filled by non-Bermudians, It is no different for Accounting II, which also which obviously all of us see as an opportunity here. appears on the same page. If you go back to 2005, I would like to just comment on a couple of what you see is there were actually 417 jobs in that areas, and I will speak to this issue of accountants, category. Of those, 54 per cent were non-Bermudian. which the Honourable Minister spoke to about 10 or In 2011, 333 jobs, and 52 per cent, were non- 15 minutes ago. What I think is interesting here is if Bermudian. So there has been maybe a 2 per cent you look at . . . and the category is called Accountant increase. But the sad part about it is that I. You will see that the total number of jobs is 707 in in 2005 there were 191 Bermudians em- 2011 (that is both Bermudian and non-Bermudian). Of ployed, now there are only 159. So, again, it gets to those, some 490, or 69 per cent, are non-Bermudian this issue of when you start to lose jobs and those jobs. jobs get moved out of here because of Government Now the interesting question, Mr. Speaker, is policy, you get a loss on two counts. what was that ratio going back a few years? The other area which I also found interesting And I am glad you asked that, Mr. Speaker, as well was registered nurse. The Honourable Mem- because I have the answer to that. If you go back to ber, Patrice Minors, mentioned that. In 2005, there 2005, okay? You will see—I know the Speaker is in- were 439 of them (total jobs). In 2011, [there were] terested, he is paying attention. He is looking at the 538. So the number of nurse jobs has actually gone table— up. Now, I am worried about that on one level be- cause I am worried they are all down at the hospital The Speaker: I just wanted to see where you are and the charges down there are going to start to go leading. through the roof because this is a good job, but it has also an expensive wage. But the sad thing, Mr. Dr. the Hon. E. Grant Gibbons: —he is on the case. Speaker, the really sad thing here is in spite of the I know I can depend on the Speaker. courses and everything else the ratio of Bermudians to non-Bermudians, there are still 63 per cent non- [Inaudible interjections and crosstalk] Bermudians as there were in 2005. So we have seen absolutely no improvement there in terms of the ratio.

House of Assembly Official Hansard Report 18 May 2012 2057

Now, one of my favourite categories here and moving out of here. As my honourable colleague, Mr. where there actually has been some improvement is Richards, said, I think, in the debate a little while ago, in the whole chef de partie, executive chef, and sous just because the non-Bermudian is leaving does not chef [area]. There actually has been an increase in mean they are unemployed. They are going to anoth- the proportion of Bermudians over the years. But er job and oftentimes a job with the same company there is still an extraordinarily high percentage of non- somewhere else. It could be Switzerland, it could be Bermudians there. I did not hear anything about . . . I Canada, it could be Cayman, it could be Ireland, it heard a little bit about culinary training. I was at the could be any number of places— Bermuda College graduation yesterday, very few Bermudians training in the culinary area. And, unfor- An Hon. Member: New York. tunately, once again this was an area where we needed this emphasis, not in 2011 and 2012 (the mad Dr. the Hon. E. Grant Gibbons: New York, exactly. scramble to look like you are actually doing some- So these are some of the challenges that we thing) we needed this back in 2005, Mr. Speaker. are dealing with here. And I think as my honourable Let us take another category. Mason, I think, colleague said very succinctly, we think the decline of is an interesting one. Okay? In 2011, there were 493 workers in Bermuda—not just non-Bermudians, but masons. In 2005, there were 653 masons. Basically, also Bermudians—is both a cause and effect of the there has been a decline . . . well, I think if you do the decline in the Bermuda economy. And my honourable math you will see that there has been a decline of colleague is not the only one that has been saying pretty close to 150 masonry jobs. Now this category is that. I think Mr. Burchall has been out there religious- actually a little better because about 50 per cent of ly,— these jobs are Bermudian and about 50 per cent are non-Bermudian. But, again, there has been very little [Inaudible interjection] movement in that space of time in the proportion of Bermudians taking these jobs. It is still around 50 per Dr. the Hon. E. Grant Gibbons: —repeatedly saying cent. In 2005, it was 53 per cent. In 2011, it was 49 that Bermuda needs a certain number of jobs to be per cent—not much movement at all. economically viable. And this has not escaped Gov- Again, it gets back, Mr. Speaker, to this issue ernment’s attention, Mr. Speaker. When you lose . . . of education, which my honourable colleague, Mr. when you lose that payroll tax income from particularly Richards, talked about. That is why we on this side of higher end jobs, that is going to have a significant im- the House continue to talk about the need to put tech- pact on Government revenue as well, not to mention nical and vocational training programmes in our public the impact it has on paying into health and pension school system, not just a smattering of efforts at a schemes like the Contributory Pensions Fund—all of senior school level. It has got to start much earlier be- these benefit to an extraordinary degree by having cause that is when you give students and parents op- non-Bermudian jobs there. tions. You have got to start this training much earlier. So what we really need to do is give some Another good example is carpenter and joiner. serious consideration to Government policies which Again, we have seen the same impact on the con- we on this side of the House believe are really now struction business here. In 2005, there were some starting to bite in terms of the damage that they are 353 jobs, in 2011, 267. The ratio of Bermudian to non- doing to this community. Bermudian is slightly better than masons; it is about 30 per cent non-Bermudian. But, once again, the dif- An Hon. Member: Like what? ference in jobs for Bermudians: in 2005, 241 Bermu- dian jobs; in 2011 only 192. So all of these areas and, Dr. the Hon. E. Grant Gibbons: But there is a more as my honourable colleague said, construction par- basic issue here, Mr. Speaker. And that more basic ticularly is very sensitive to those foreign currency ex- issue is confidence. If you do not have confidence, change earners. A lot of that is international business, and if you particularly do not have confidence in a but it does not have to be just international business, Government which has changed direction on any and a lot of those are Bermudians working in that ar- number of policies over the last couple of years in or- ea. But if those jobs are not there, you do not get the der to try and address some of the problems we have money coming back into construction or other areas, had with the economy and jobs— Mr. Speaker. So I guess the point I am making here is not [Inaudible interjections] only have we seen very little movement in terms of Bermudians in that seven-year period from 2005 to [Gavel] 2011 moving into these jobs—the ratios with a couple of exceptions have stayed pretty much the same—we Dr. the Hon. E. Grant Gibbons: Thank you, Mr. are also seeing this incredible double negative where Speaker. That Honourable Member will have a a lot of these jobs are simply disappearing. They are House of Assembly 2058 18 May 2012 Official Hansard Report

chance to speak I am sure in due course and he can Hon. Glenn A. Blakeney: And, Mr. Speaker, you look present his opinion. at other stimulus packages with regard to job creation. But if you do not . . . if you are not able to re- What needs to be understood is that governments do store that confidence in the economy, it means that not create jobs, they create enabling environments the people who actually produce jobs, create jobs, conducive to job creation for the private sector which make jobs and who invest in businesses and invest in would drive the economy, which is what I would think infrastructure—they are not going to have the confi- that a conservative party would recognise before any dence to do that until things change appreciably. And other. But they place all the blame singularly on the that is why we say we think it is going to be very diffi- Government and do not even recognise that in a cult for this Government, given their record and given globally depressed economy there is an impact as what has happened over the last couple of years with well. It all relates to the condition of the planet and changes in policies and the impact of these policies, what is happening. to be able to restore confidence in this community. So if you look at tourism, Mr. Speaker, and Thank you, Mr. Speaker. you are going to the theatre markets and you are de- veloping branding, you are re-marketing, you are re- The Speaker: Thank you, Dr. Gibbons, the Honoura- branding, you are re-marketing, you are going on your ble Member from Paget East. marketing trips, et cetera, et cetera, et cetera . . . Well, I am going to take the Honourable Member, if the people that you depend on to have disposable Minister G. Blakeney. income in their pocket to afford a very high cost vaca- Minister Blakeney from Devonshire North tion in Bermuda are not employed, then what are you Central has the floor. looking to do? What are you looking to do? These Minister? people coming into the country with the disposable income to spend for their vacation is ensuring that Hon. Glenn A. Blakeney: Thank you very much, Mr. people who are in the hospitality industry have a rea- Speaker. son to work. I am not going to be too long and I am going This is a multi-pronged challenge that needs a to just touch on a few salient points. The Member that multi-pronged approach, which is what this Govern- just took his seat went through a litany of statistical ment has been doing on all fronts. So you look at ed- data that has been provided with regard to the study ucation. And you just heard the Ministerial Statement in debating this Motion brought forth by the Honoura- this morning with regard to half a million dollars being ble Member, Mr. Bob Richards. And you know I am allocated to retrain. Why was there no mention of that going to touch on the social impact relative to his dis- in acknowledgement that that is a good idea, and that sertation earlier regarding jobs versus handouts, I it should have some tangible manifestation with re- think, which was the theme or the thesis that he was gard to those who opt to take that opportunity in re- juxtaposing against each other in regard to making his training themselves and will be more employable in an points. ever-changing world? It is not the same anymore. And Mr. Speaker, the Honourable Member that everybody is trying to react to get the correct balance. just took his seat spoke about confidence in our econ- Thank God we are not Greece. Thank God we are not omy, and he spoke about the policies of Government. other European countries. You could go down the Well, from my recent recollection going back a little list—Italy, France, even the UK. And people that are ways, this Government has engaged the private sec- leaving this country with their British passport to go tor on various fronts, particularly with regard to the over there are not finding it so easy. policies that were considered and proposed to stimu- Mr. Speaker, so again, there is a disingenu- late the economy—such as the concessions. How is it ous attempt to deflect and confuse. that in specifying and pointing out all of the downside regarding the policies of Government there was no [Inaudible interjections and crosstalk] balance to his argument with regard to recognising the stimulus packages, the tax concessions, payroll tax, Hon. Glenn A. Blakeney: But our people are not na- the retail sector concessions, the hotel concessions— ïve! We are dealing with the reality. Nobody is denying all to help the private sector save jobs? How could the reality. We all know we have the challenge and that not be recognised and spoken to? the challenge is economically based. And with a ser- I think if you went to the business sector— vices changing paradigm shift we have to move. We retail, hotels, restaurants—they would be very, very have to be flexible. And so we have concentrated on pleased to say how happy they were to get some help looking at how we do that in multiple ways, not the from this Government that helped them to save jobs least of which is retraining. So you have Job Corps as and to save their businesses. another example. You have—

[Inaudible interjection] [Inaudible interjection]

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Hon. Glenn A. Blakeney: Yes, the Youth Empower- little more, who are able-bodied that have fallen into ment Scheme as another example. hardship that we as a caring, sensitive and responsive And you say, These Government policies? Government have an innate obligation under statutory Well, what about the policy that this Government took law to assist until they are in a better position. to bail out the Butterfield Bank, which saved jobs? What about reassessing the challenges that Tucker’s [Inaudible interjection] Point was faced with and being flexible enough to find a way that gave them the collateral they needed to Hon. Glenn A. Blakeney: Is something wrong with make the bank comfortable so that they could main- that? Are you calling that a handout? No, it is not. tain a business and jobs? Do you know why it is not a handout? Be- cause there is criteria that must be met for those able- [Inaudible interjection] bodied persons to continue to receive benefits to cov- er their monthly expenses, their daily expenses—that Hon. Glenn A. Blakeney: This Government! This being job search forms, a visit to Labour and Train- Government and its policies! ing—why? So that they can retrain, so that they can So we are not going to lay down and play have their resumes reconfigured, enhanced, so that dead and just bend over and allow this rhetorical dia- they can take the opportunity of being schooled with tribe to continue with regard to what everybody knows regard to interview techniques so that when they go is a reality, that being the challenge of the economic for a job their interviews are better. They have to, it is climate that we currently face, which we are not im- an obligation. They also have to sign an honesty form mune to, in which we are doing far better than other verifying that everything that they have declared is places in the world who are supposed to have all of absolutely accurate and truthful. the answers and who we are supposed to be follow- So these are the kinds of checks and balanc- ing. es that we as a Government have put in place (under- They come and we say, You know what? Be- standing what our remit is) and that we have the re- fore you sign the contract to come to Bermuda, you sponsibility to look after our people when they come know you are coming for three years. You know you on hard times. There are some people that have come are coming for six, possibly. Maybe if you are an ex- on financial assistance for the very first time in their ecutive and a key employee this Government’s policy adult lives. They have been gainfully employed, but allows you to represent that and we are flexible either through illness or redundancy or termination enough to give you an even further extension. And if they have found themselves in particularly challenging now you are going to be a job creator, why was this situations. But there are still criteria. If they are made not mentioned? You alone must be immune from hav- redundant, they just cannot come into financial assis- ing any impact on a term limit effect. tance, Mr. Speaker. They have to wait until they have Because if you are going to create jobs, we exhausted— are going to look at you as being very helpful and very conducive to the Bermuda marketplace and the social [Inaudible interjection] well-being of this community. Why was not any of that mentioned by the Opposition speakers? Why? There Hon. Glenn A. Blakeney: If they are fired they cannot is no merit? There is no merit at all that this Govern- come for three or six months. If they go to England ment deserves credit for? Is that what you are saying looking for better prospects, as far as a job and a bet- to the people of Bermuda? ter standard of living and they cannot make it and they come back, they have to wait a year. So now they [Inaudible interjections] have got to think before they go. So it is not like there are some lazy Bermudi- Hon. Glenn A. Blakeney: I tell you (looking on the ans that are out there that are just taking advantage of other side of the coin, Mr. Speaker), the Honourable the system—there are some. And we encourage Member who launched this debate, the Honourable those that have the reliable intelligence to inform us Member, Mr. Richards, compared the social impact of because we have investigative officers that go the having a job to the social impact of having handouts, length and breadth of this country (when warranted) to he said. You know what? You have got to put it into investigate any suspected, untoward activity that a the correct context. beneficiary of financial assistance is taking advantage We have in my Department of Financial Assis- of. tance (which he mentioned) upward of $39 million al- So on the social side, we are in a very re- located. And do you know that the majority of that sponsible way helping our people so that when the amount is fixed because the number of our seniors is opportunity comes for employment they are better growing? And our physically challenged is another equipped; they are motivated. And, you know, people significant number which remains relatively static. are going in and out of Labour and Training every day. There are approximately 200 people, maybe just a People do not want to come to Financial Assistance. House of Assembly 2060 18 May 2012 Official Hansard Report

You would not believe . . . they are doing everything Hon. Glenn A. Blakeney: So, Mr. Speaker, you humanly possible not to become a ward of society (for know, it is time for us to have a real, real good look at lack of a better term). That is our Bermudian people. how we are going to work together as a community— That is our Bermudian people. as a community—notwithstanding the politics because When it comes to the job creation, if we had we all have our own approaches. We all feel that we some employers in this country who were really hon- have the best way forward. But when it comes down est brokers and not utilising some of the real, real cir- to the nitty-gritty, who is going to stand up and get out cumstances as an excuse and not as a legitimate rea- there and do? son, we might not be in this situation. When you have I know every single day I see and talk to my those construction companies that get a work permit people in my Ministry because it is a part of my remit. for a mason or a carpenter, and the person comes in They call me. They have my cell phone number, they and has several skills and is doing several jobs out- have my home number, and they have my office side of the terms of the work permit—that is a prob- number—directly—because I want to hear from them lem. But we do not hear anybody talking about that on to ensure that all of the quality controls that are in the other side. place to do what they must to assist all of us in deal- ing with our challenges are being done. And that is not [Inaudible interjections and crosstalk] to cast any aspersions on the hard-working people within my Ministry, but it is always good to be well- Hon. Glenn A. Blakeney: We addressed the land- informed because then you can make a well-informed scaping issue with a moratorium—our Honourable decision, Mr. Speaker. Minister. They did not mention anything about that You know, you have all kinds of editorials be- policy. cause a Minister makes a decision for reasons that are solid, that empower and employ. And I speak of [Inaudible interjection] the $20,000 that was given to Andrew Bascome’s ABC [Football] School. Do you know why, Mr. Speak- Hon. Glenn A. Blakeney: Carpenters—the same er? Because he is going to be educating coaches who thing. The Minister met with the industry stakeholders will, if they excel, get the opportunity to be UEFA ac- to hear and to respond in kind, and then react by do- credited and to earn for their coaching skills, not just ing what was a prudent thing in addressing the situa- in Bermuda but anywhere in the world. And do you tion. know where they are starting? At the grassroots level, There are no quick fix solutions. There is no for lack of a better term, in what would be described quick fix solution to the challenges that we face as a as our depressed communities in this country. community. And there are extenuating circumstances That is where Andrew Bascome goes and the that contribute to the challenge. And that is why I im- ball, that inflated ball, bounces in those communi- plore . . . most times I get on my feet and appeal to ties—in those communities where our young boys our residents that it starts with each and every one of have lost their fathers, where our young boys may not us. Not me and you, us and them—us. It starts with all know their fathers, where our young boys have only of us on an individual level working together with a their mother and sometimes three and four siblings. collective mindset to achieve what we know we can in And they need an outlet, but they do not necessarily this country. Because when we do that is when we feel they belong, conventionally, in structured club work best. programmes because they may be a little uncomfort- Regardless of what side of the political divide, able because of their own background. So Mr. regardless of the silly season, when it comes to the Bascome goes and gets those little boys and he does serious issues, it does not make sense to throw the not just teach them about kicking a football, he teach- whole country under the bus to make a political point. es them how to think the game first and then when And that is what we continuously hear. And of all of they are a little faint he feeds them. He feeds them the words that have been spoken by the Opposition during the course of the programme. this afternoon, we did not hear one proposed solution. FIFA has a rule of thumb that there is to be no political intervention in the National Sports Governing An Hon. Member: Not one! Bodies of that beautiful game. So I can give the $400,000 I gave to football, which is twice as much as [Inaudible interjections] I gave to cricket—or we as a Government gave to cricket—but I cannot tell them what to do with it. Hon. Glenn A. Blakeney: Now that they have been So am I supposed to say, You know what? I triggered, I am sure it soon will come. see a really great programme that deserves some support that it might not be getting, and I deny them [Inaudible interjections and crosstalk] when it makes sense, and the proposal is balanced and well written and I can see where it could be mani- fested into a tangible that will benefit the country and House of Assembly Official Hansard Report 18 May 2012 2061

the people in our community who might not otherwise Mr. Nelson H. Cole Simons: Thank you, Mr. Speak- have that opportunity? er. It all leads toward job creation. It all leads to- Mr. Speaker, I just heard something very in- ward upping the ante. It all leads toward accountabil- teresting by the gentleman who just preceded me. ity. It all leads toward responsibility, community com- And he talked about an attentive and a caring Gov- mitment, community focus, community involvement, ernment. And I found it very, very— community participation. It helps the mothers and the fathers who might be single, who might need a little bit The Speaker: When you say the gentleman, you of relief for two or three hours and can send their kids mean the Minister, I know. and know that they are in a wholesome programme where they are sharing a common passion around a Mr. Nelson H. Cole Simons: Yes, thank you, the beautiful game known as football (we all call it soccer Honourable Member. No disrespect intended. now, but I still call it football). These are the policies, these are the deci- The Speaker: Yes. sions, and these are the responsive ways in which we as a Government commit to our people. This is the [Inaudible interjections] way we respond, Mr. Speaker. And if the Opposition finds fault or says that it is too little too late or that it is The Speaker: Carry on, Mr. Simons. not doing enough, well, what have you done lately? Just because we sit in the seat of power does Mr. Nelson H. Cole Simons: Mr. Speaker, the Minis- not mean that we cannot involve ourselves and sup- ter says, you know, they care about the community, port and do. So you will be up here saying to the Gov- they care about everybody in the community. But then ernment do, do, do, do, do, but it immunes you from if you read this report . . . and we are talking about an doing. And then the people take the lead and say, employment survey in this country. On page 4 it Well, yeah, the Government should do, do, do and we reads “Only companies with ten or more employees should just sit back and wait for the Government to were required to provide the income data on behalf of do, do, do. Well, we are going to hell in a hand-basket their employees.” quicker than you might even imagine yourselves. Mr. Speaker, what happened to all of these small businesses around this country? They are not [Inaudible interjection] people?

Hon. Glenn A. Blakeney: So, Mr. Speaker, you can- An Hon. Member: Economic Empowerment Zone. not have a double-edged tongue or a double-edged sword. You cannot have it both ways. You cannot [Inaudible interjections] have it both ways and you cannot deny that this Gov- ernment has done good things in the country. Mr. Nelson H. Cole Simons: Where are the statistics Have we made mistakes? Of course; every- for small businesses? We have thousands and thou- body in the country can identify them. We have not sands of people that have businesses that employ run from them; we have tried to correct them. We less than 10 people. Do they not have a voice, Mr. have corrected them. And we will continue to when Speaker? Do they not have a voice? they are made because at the end of the day all we Mr. Speaker, I think that this is the primary are is only human. And what we are committed to do deficiency that this report displays. What about the in our human realm is to serve our people to the best carpenters? What about the contractors? What about of our individual and collective ability. And I think the the beauticians? What about the arts and dance manifestation of our track record will bear that out in schools? What about the gardeners? What about the the minds of those people that have entrusted us to pool cleaners? What about these people that only do what is in their best interests as a Government in have two or three employees working for them? Do this country—a responsible Government, a sensitive they not count? Do they not count? Government, and a caring Government. We talked about building jobs, educating our Thank you, Mr. Speaker. people—I have no problem with that whatsoever. Yes, we have to educate our people to raise the level of The Speaker: Thank you, Minister Blakeney, the service. And yes, we have to fill jobs that exist. But I Honourable Member from Devonshire North Central. think what is more, and critically more important, is the I now recognise the Honourable Member, Mr. fact that we need to create more jobs. N. Simons. Now, we have spoken about creating jobs in Mr. N. Simons from Smith’s South has the the international sector and if you hire more than 20 floor. Mr. Simons? people, you have a long-term residency permit, you get concessions. But what about the man in the street who wants a pedlar’s licence [who] wants to start his House of Assembly 2062 18 May 2012 Official Hansard Report

own business? Why can we not have a centre for the And I said, “So, what are you doing? She unemployed and work with them and encourage them said, Mr. Simons, I went to somebody’s house and I to start their own businesses versus going to work for saw that they imported a fruit basket that looked like somebody else, Mr. Speaker? flowers but they were made from fruit, and I said ‘I can Mr. Speaker, in the UK they have a pro- do that!’ I said, “You can?” She said, “Yes!” gramme that provides opportunities for young people. So I said, “Well, I have a meeting at my house They have a business start-up help for the unem- tonight. Do one of those baskets and bring it to my ployed. And what they will do is get together with an house and we can see how successful it is by the unemployed person and find out what their interests guests who attend the meeting.” are. What keen interests do they have? And they will Well, they came. She brought this basket of work with them in creating a business, Mr. Speaker. fruit to the house. They looked like flowers but they They will provide a start-up loan just to help them get were fruit. I put it on the table, well presented, and on their feet. They will provide a mentor, somebody everybody tasted it and they said, “Give me the per- that is in the business that will work with this unem- son’s name that did this.” Again, another idea and ployed person to get on his feet and start a new busi- everybody in my house that evening took this person’s ness. And that is how we are going to rebuild this name and said this fills a space in our community. economy—from the grassroots up. So we need to encourage those types of en- trepreneurial skills. As I said once before, a colleague An Hon. Member: You are using that word again. of mine, a friend of mine . . . something simple, wrap- ping suitcases at the airport—entrepreneurial. In Afri- Mr. Nelson H. Cole Simons: The grassroots up, Mr. ca you go down and they sell tires for cars on the Speaker. street. Mr. Speaker, on Saturday I went to St. [Inaudible interjection] George’s. I had to speak at a function. Then I walked through the market. And there were so many pedlars Mr. Nelson H. Cole Simons: Mr. Speaker, do not talk down there selling jewellery, selling clothes, selling about . . . he is telling me that I am talking about food. Those are the things that we need to encourage. things that I do not know. At the end of the day, if you We should have a resource centre in this country for are in Government, you know the main machinery for people who want to start their own business or the growth is small businesses. They hire the most people unemployed who feel that there is no hope. Let us and if we get that going, Mr. Speaker, you will have have a centre, a centralised centre that will give them less unrest and more engagement and people will feel encouragement that will help them with the seed more positive about themselves. My colleague, Mr. money so that we can create the cottage industries Richards, talked about employment. that we used to have in the past. And not just concen- trate on the international business—and I am not ne- The Speaker: The Honourable. gating on the importance of international business, but what I am saying is do not leave our everyday grass- Mr. Nelson H. Cole Simons: Yes, the Honourable— roots people behind. And that is what we are doing. The mere fact that there is no mention in this The Speaker: —Member. report of businesses that employ less than 10 people is to my estimation irresponsible because they make Mr. Nelson H. Cole Simons: —spoke about employ- up the job market in this country. And how in God’s ment and jobs. If you start your own business, believe name can you do a report with incomplete data like me, you have your blood, sweat, and tears in that this? business and you are going to do your best. And quite So that, Mr. Speaker, clearly tells me where frankly there are a lot of small business opportunities Government’s priorities are. And it appears not to be in this community. And what people need is encour- encouraging young people or small business people agement, just the same type of encouragement that to get on their feet and start creating their own jobs large businesses get—the international businesses versus going and working for somebody else. get enticed to open up businesses in Bermuda—we need the same type of enticement for small business- An Hon. Member: That is why we have the Small es. We are leaving them behind, Mr. Speaker. Business Corporation. Mr. Speaker, as I said, I will give you a couple of examples. A lady came to my . . . I met her after the Mr. Nelson H. Cole Simons: Mr. Speaker, he has function and I said, “What are you doing now?” She already spoken— said, “Well, I am unemployed.” I said, “Well, how long have you been unem- [Inaudible interjections] ployed?” She said, “Oh, three months.” Mr. Nelson H. Cole Simons: —I will continue. House of Assembly Official Hansard Report 18 May 2012 2063

Mr. Speaker, the other thing that concerned jurisdiction. That is the model that they are operating me about the report was when they talk about losing under in 2012. In 1971, 1980, we had everybody here. jobs. Mr. Speaker, we need to come to reality that we They worked here, the money was here, the account- play in a global environment, and the heading on page ing was here, the back office was here. But it is not 5 says “Job Losses Continue.” sustainable anymore. And so we have to change our I was canvassing this weekend and I was model. We have to change our laws to make it more speaking . . . I went to a Bermudian that I have known palatable for the shareholder and the people of this for years and he is in the fund management business. country as well. And there is a fine, fine balance. And he said to me . . . I said to him (I am not calling So to hear a Bermudian say to me, I’m doing his name. I will use “Dante” as an example), “Dante, well, and I, like everybody in this House, presumed how is your business going?” He said, “Cole, it is fine.” that he was operating everything here in Bermuda, I said, “Well, what is happening? You are do- and as a parliamentarian it hit in my gut quite frankly. ing well in this environment?” He said, “I’m doing ex- It was a hit in my gut, but I understand. I understand it ceedingly well.” is about best return for capital. It is about ease of I said, “Oh, that’s interesting. So what are you business, Mr. Speaker. doing?” He said, “My returns have been phenomenal So, Mr. Speaker, again, we have to be careful and I am looking for a good year in 2012.” in some of the decisions that we make. And a lot of So I said, “Well, tell me about your business our businesses—be they international businesses model.” He said— owned by foreign shareholders, or international busi- nesses owned by local shareholders, or local busi- [Inaudible interjections] nesses—are looking for the most economical way of doing business. Mr. Nelson H. Cole Simons: Mr. Speaker, I said, I had lunch with a lady today and she and her “Tell me about your business model.” colleagues started a new compliance management Do you know he said to me? He said, “The business. And so I said to her, “So you guys have sales and the corporate administration and my front- started up a new business and how many employees line team is down on Front Street, but my accounting do you have?” She said, “Three.” administration team—that is in Canada, in Halifax. I said, “Okay, nice. That is very good.” And I And my investment management team is in New said, “Who is doing the accounting and the corporate York.” administration?” [She said,] “Oh no, Cole. That’s out- I said, “So you are telling me you have a very, sourced. We are not doing that. That’s too much very successful bond company, fund management money and we are just going to stick with what we company.” And I am thinking he is doing all his busi- know and pay somebody on an as-needed basis.” ness in Bermuda. But he is saying, “Oh, no, no. I can So, again, the business proposition that these get more cost-effective administration in Canada. I do businesses have is ever-evolving and changing. And not have to deal with high prices. I do not have to deal we as a Government, we as a country, must be as with some of these Government issues, and so it is nimble in setting policies and making these business- easier for me to operate outside this country.” es profitable and attractive to operate here, and en- It is not about losing jobs. That is a strategic courage them to bring a lot of those jobs that they ex- decision that they are making to have a more profita- ported overseas back home to this country. ble business and have better returns for the share- Mr. Speaker, the other issue that I would like holder. And until we come to grips with the . . . that we to speak to . . . and I do not want to touch upon what are in an ever-changing environment and an ever- happened this morning in regard to the Cisco Acade- changing way of doing business in the 21st century . . . my. Again, I applaud that initiative. And, again, we are I mean, we know it happened in international busi- training people to be network supporters, network ness. How many jobs are exported? How many posi- specialists. Let us also have in that programme the tions are exported? ability for those guys to start their own businesses and What they do is centralise the data and bring expand beyond just their company. it back home for the financials. And like the reinsur- In closing, Mr. Speaker, let us not just worry ance businesses they are doing exceedingly well. The about preserving jobs, which is important, or filling Stonebridge report that the Shadow Finance Minister somebody else’s job. Let us lend more support to cre- brought to the House a few weeks ago quite clearly ating jobs for people who are finding challenging stated that profits are up, shareholder value is up, and times. Have a resource centre that will provide capital, the employee count for their group is up. But the count that will provide mentorship which will provide guid- is not up in Bermuda because the jobs are exported. ance on business plans so that we can have a blos- There are no redundancies. They are saying that soming cottage industry where everybody feels that I when they craft their business model, even though can start a business myself and I will be encouraged they are located here, it is cost-effective and it is easi- by my Government to move forward and grow the job er and there is less red tape to operate from another market in this country. House of Assembly 2064 18 May 2012 Official Hansard Report

Thank you, Mr. Speaker. Hon. Michael J Scott: And so it was not seen in 1998, it was not seen in 2000, it was not seen until the The Speaker: Thank you, Mr. Simons, the Honoura- evidence of it was available to all of us. It is very clear. ble Member from Smith’s South. But whilst we were busy getting the funda- We are debating the Take Note Motion moved mentals right, Mr. Speaker, whilst we were busy expe- by the Honourable Member, Mr. E. T. Richards, from riencing some of the highest growth in the economy in Devonshire East. The Report of the Statistical De- Bermuda’s history, this was an example of this Labour partment entitled “The Bermuda Job Market Employ- Party Government presiding over the fundamentals ment Briefs.” and keeping them right. I now recognise the Honourable and Learned Today’s debate, proffered by the Shadow Member, Mr. M. Scott, from Sandys North. Spokesman for Finance, affords us an opportunity to Minister Scott, you have the floor. make some broad analysis and some very narrow analysis. Some of the broad analysis that I submit can Hon. Michael J. Scott: Thank you, Mr. Speaker. be branded to what has happened in and under our Mr. Speaker, the policy of the Government, administration is that we have held a very firm and the Progressive Labour Party Government, has been wise and prudent line. We have. We have positioned a sustained policy since 1998 to 2012 (here we are in our country and the people whom we serve, who have May) of partnering with private business. It has been a mandated us to this stewardship, to sustain their jobs sustainable policy that has seen us through a period in the public sector throughout this trying period. We when we have been able to grow the Gross Domestic have best positioned ourselves to be in a position to Product [GDP] and the Gross National Product [GNP] take advantage of the recovery. And we have not let of this country. the grass grow under our feet. Governments . . . and I The Honourable Member, Dr. Gibbons, men- have heard the Opposition make propositions about tioned 2005 performances. At 2005 in this country the Government should do this and Government should Progressive Labour Party had succeeded in reaching do that. Government has done what it best does, historic proportions of GDP—historic! They lingered which is to facilitate business growth. under the billion dollar mark throughout 1997 and As recently as this month and this week, we 1996, but by 2005 and significantly at its highest point positioned ourselves with Islamic finance opportunities in 2007, it was at . . . grown from $2 billion when we for investment from that region. Prior to the most re- arrived at the seat of Government to some nearly $7 cent . . . and it is nearly the 40th. I know that the Minis- billion. And so we have had a sustainable model of ter of Finance will . . . I think it is 42 of . . . 32? 42? . . . private/public partnering to facilitate this kind of per- (I am getting excited) of our TIEAs. The stories of the formance. But we do not live on our past performance. previous TIEAs are legion and a matter of public rec- But the model of getting the fundamentals ord. They have all been facilitation of investment pos- right, Mr. Speaker, in an economy that is both well sibilities and exchange of information treaties with our known to the Minister of Finance and Premier and the important trading partners. Government has been en- First Minister of Finance, the Honourable C. Eugene gaged in getting the fundamentals right and facilitating Cox, knowledge of the economy mix of a premier in- this country by positioning ourselves to attract invest- ternational financial centre with a strong emphasis on ment. reinsurance and insurance and a tourism industry that But to say that and then not be able to say, we were proud of, was the mix that we have nurtured Well, what are the results, is not a case that can be and grown. made against us. The Honourable Member who just It was a policy of getting the fundamentals took his seat made the case for us, Mr. Speaker. right, Mr. Speaker, so that we have been able to posi- When we look at how we have been successful at tion ourselves as best as we could ever hope to be facilitating the insurance and reinsurance business, I during this curiosity that developed called the eco- have been impressed, touched and gratified by the nomic downturn—something that we did not project or quarterly reports that have recently come out. foresee in the early days—but it certainly rolled over With your permission, Mr. Speaker, as was us and over the entire global community by 2007 indicated by the Honourable Member Mr. Simons, we throughout 2008 and 2009. had the Endurance Chief Executive Officer, Mr. David Cash indicate that when it comes to providing reinsur- An Hon. Member: Who did not see? ance coverage, countries around the world have more appreciation for tiny Bermuda today than ever before. Hon. Michael J Scott: And so— This was just said last month. Then Mr. Cash’s obser- vations came about in the backdrop of repeated [Inaudible interjections and crosstalk] statements of earnings of profits for Montpelier Re of $107 million of profits; Everest Re posted $305 million of profits; Willis posted a soaring profit of $225 million, and Validus Re posted $124 million of profit. House of Assembly Official Hansard Report 18 May 2012 2065

So I indicated that the debate affords us an I have visited any number of private sector opportunity to make broad analysis or narrow, mean- organisations and have during the course of conver- ingless ones, which is what I have heard from the Op- sations heard them speak both boldly and with pride position. If they are not meaningless, they have been about their training programmes in-house. It is a nor- false. They have been absolutely false and have been mal best practice. And why, therefore, should not the comparisons which bear no relationship to the stellar Government of Bermuda, your Government, not en- performance of this Government presiding over this gage in training programmes and press on with them challenging period. and persevere with them until there is success? This When the Opposition spokesman, who pre- is what the Government has done. But we get the sented the Bill, starts speaking to the fact that swelling Honourable Dr. Gibbons denigrating it, discounting it Government ranks, Mr. Speaker, is no sensible recipe and calling it something that it is not. . . . job creation is swelling the Government ranks. Well, we will not be deterred. At no time in the The studied and specific policy of the Minister of Fi- history of our country called Bermuda, Mr. Speaker, nance and Premier has been to preserve Government has there been more accountability for the Govern- public sector jobs and not to create new posts. Now ment spending. We have contributed into our GDP we have said that to the point where we are blue in growth, Mr. Speaker, over the period that I referred to the face, and civil servants understand it. when it was at its highest upwards of $1 billion of pub- So that is a complete falsehood to suggest lic spending. It sustained us during the trying and that we are growing jobs when, for example, we are challenging times, Mr. Speaker, but we had to be ac- enabling the creation of jobs through public facilitated countable for that kind of spending, whether it was in job creation programmes. What else would a respect- capital projects, whether it was in output measures, able government do? During this entire litany we have whether it was in the statistical reporting that we have had analysis after analysis indicates what contributes in today’s report, and whether it is in benchmarking. to our GDP. We know that construction heavily con- But we have in the course of . . . at no other tributes to it. We know too that during this economic point in our history been a Government that has en- downturn construction has been hit very hard, so it gaged in meaningful, strategic public spending all has interrupted employment and labour very seriously. aimed at meeting our mandate of sustaining this But with these men and women out of jobs as a result economy, responding to seniors, trying to deal with of the construction flattening, it casts on any govern- our youth issues and challenges as much as we en- ment new, innovative ways of job creating. counter them (like other countries around the world), So, of course, we have engaged in job creat- and we have had mixed results and we have had ing programmes and, of course, we have decided to great success. build 100 replacement homes in the Dockyard, and a May I mention one great success, which is trench to carry the sewage line through to the Dock- both in the making but can be lauded even now? It is yard sewage management plant there. These will cre- a training programme, the Cisco programme of which ate jobs and this is prudent spending of money by the I read a Ministerial Statement. I could just refer to the Government that creates jobs. Ministerial Statement. I was never more gratified nor Mr. Speaker, the Career Pathways by Dame were the technical staff of the Ministry of Government Jennifer, the Minister of Education, the efforts of the Estates than to see the response of interested young National Training Board, the beginning efforts of get- boys and girls in the room at the Bermuda College, ting the engine going under Job Corps—the Govern- interested in upgrading to a meaningful certification ment makes no apology for the fact that we are think- under the Cisco programme. ers, we seek to be innovative, and we default to mod- What does that mean? It means a job for els and best practices of modern governments across them and they see it. When the Attorney General and the world responding to these challenging times. Minister of Justice, holding the role of the Minister of I heard the Honourable Member, Dr. Gibbons, Economy, Trade and Industry in our former role, held indicate that all of the training programmes in the the job fair, young Bermudians numbering nearly world will not make a difference. This is a classic pos- 1,000 turned up at those presentations. They would ture of the OBA. When the Government’s efforts are not understand the Honourable Member Dr. Gibbons’ both stellar and impactful to the point of producing reference to there being no point in training or no point real, measurable results, it leaves to the OBA one re- in encouraging training. The construction industry of- sponse: let us discount this some way, any way pos- fers training . . . he did not say that. It was the implica- sible, including falsehoods, including hyperbole— tion— exaggerated claims that bear no relationship to reality. And that, I want the people of Bermuda to know, has An Hon. Member: He did not say that. been the OBA’s core strategy. It neither surprises me, Mr. Speaker, nor does it persuade anybody about its [Inaudible interjections] credibility. Hon. Michael J. Scott: The implication was clear. House of Assembly 2066 18 May 2012 Official Hansard Report

dollars on fronts which help us to keep the fundamen- An Hon. Member: Well, do not mislead the House. tals right, help us to be responsive to the mandate given to us on behalf of young people, seniors, sport- Hon. Michael J. Scott: The implication was clear. ing bodies . . . at no time in our history again, Mr. Speaker, has a government been engaged in the em- [Gavel] powerment message. It is sometimes not immediately clear how Hon. Michael J Scott: You may get as high on any much impact we are having. But the release of crea- horse as you choose to, but I will make my statements tive energy, Mr. Speaker, amongst our people, even in about the observations of that Honourable Member the arts, the release of creative energy in the area of and draw inferences from it that I think are clear. entrepreneurship, the release of creative energy Mr. Speaker— across the IT world amongst our people has been the highest in our history. We have plodded away and we Dr. the Hon. E. Grant Gibbons: Point of order, Mr. have plugged away at doing the right thing, may I Speaker. submit to this Honourable House. The seeds we are planting are taking root and the harvest is coming. POINT OF ORDER My principal theme bears repeating: Position- [Misleading] ing of the country’s economy, positioning of our socie- ty, positioning of the way that we spend public money The Speaker: Dr. Gibbons? has been our watchword and our hallmark. And mean- ingless, narrow analysis about whether loss of foreign Dr. the Hon. E. Grant Gibbons: Thank you, Mr. jobs in the financial services industry carries with it the Speaker. loss of training opportunities of Bermudians in those The Honourable Member was misleading the industries I do not think resonate with one household- House. I said nothing about there being no point in er in the country. training. What I said was that the training should have But creating a job to help you construct a started seven years ago not in this last couple of sewer line, creating a job to help you understand new months. ways of building modular housing, creating a job of Thank you. working at the hospital site or at sites where we have facilitated through planning the building of commercial The Speaker: Yes, that is so. structures, creating jobs for work at the National Carry on, Minister. Sports Centre, a major project, does resonate. We are doing this, Mr. Speaker, may I remind Honourable Hon. Michael J. Scott: I heard that. Members and those listening, in a period where we are coming out of the back end of a major economic The Speaker: Carry on, Minister. downturn. Mr. Speaker, a number of success notes have Hon. Michael J Scott: The Hansard will prove it: “No been possible to list. There have been job making ini- amount of training programmes will help you at this tiatives. The 10-year work permit policy, recently de- stage.” The Hansard will show it. clared by the Minister of Economy, Trade and Industry for increasing work permits to 10 years, not only to Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of CEOs but to heads of departments, completely an- order, again. swers the critique of the Honourable Member, Dr. Gibbons, that jobs are leaving, because that policy POINT OF ORDER effectively is aimed at retaining units in the interna- [Misleading] tional business economy. That was the reason for it. Private sector training—the historic labour Dr. the Hon. E. Grant Gibbons: The Honourable laws passed and civil rights laws engaged in ever Member is misleading the House. What I said is, if since we took office have removed from the table the there is not a job, a training programme is not going to need to be fighting these battles, Mr. Speaker, so that help you. we can progress the economic and social agenda programmes, shorn of the need to be dealing with Hon. Michael J. Scott: Very well, those were the these ignored and neglected constitutional civil rights words. and human rights issues. There is much work to be done, but this Government has set off in its governing The Speaker: Carry on, Minister Scott. with taking these agendas forward with enthusiasm and with success. Hon. Michael J. Scott: Mr. Speaker, our approach So, again, we have created the best environ- has been to be accountable for the spending of public ment in which both private sector and the international House of Assembly Official Hansard Report 18 May 2012 2067

business can thrive. What about the local labour mar- So if the Honourable Member wants to be ket? That too needs to be nurtured and we have en- honest, let him embrace the entirety of the comments sured that that has happened. that have been made in that regard. Mr. Speaker, when it comes to confidence— Thank you. and both the local sector and the international finan- cial sector having confidence in us—I can think of no The Acting Speaker: Thank you. better endorsement than what Mr. David Cash said, Minister, the floor is yours again. that I just read to the Honourable House. Then one needs only to turn to the reports that I read of quarter- Hon. Michael J. Scott: Thank you, Mr. Acting Speak- ly earnings of profits that are a complete litany of suc- er. There has been no mad scramble, Mr. Acting cess from the company’s profits reports Speaker, for us to show that we are doing something. Mr. Speaker, there is no damage to the com- I indicated at the top of my remarks that this has been munity, there is no damage to confidence, there is no a sustained approach by the Government, a sustained flight as a consequence of capital—just the reverse. strategy by the Government since the taking of their We have proceeded, we have been successful to the position and reins of Government to deal with training point where the OBA has no choice but to stand up programmes as advocated to us by report after report. and start another discourse, one that goes in the polar But what we find is the stiff, stiff resistance on opposite direction of the Governments excellent ef- the part of the OBA and the businesses that they are forts. friendly with to get on board. There is just stiff re- No one is fooled by this tack. It is not a strate- sistance. They are waiting for I know not whom, but gy, because if it were a strategy, it might have some the resistance is there. If there was more cooperation, impact. I belabour it, but I find it ineffective. I find it less statements about this Labour Party Government necessary to call the OBA on this very point. The being divisive and unfriendly to business, more dis- country is not . . . Rome is not burning. Comparisons course about . . . seeking to discount the efforts of the with countries in Europe make no sense nor are they Government, if there was more cooperation the crea- impactful. They bear no relationship to the reality of tive energies that all of us on this side of the House Bermuda. I cannot understand why we do it. I beg and every Member on that side of the House— your pardon. I do understand why it is done. I just ar- whether you have seen it at the Premier’s concert, ticulated the fact that it is the only response of the whether you have seen it on Bermuda Day, whether OBA to a— you have seen it at the Honourable Minister Blakeney’s show for Bermuda Idol (our version of Mrs. Patricia J. Gordon-Pamplin: Point of order, Mr. [American] Idol), whether you have seen it in the em- Acting Speaker. powerment of entrepreneurs that you must canvass day after day. [Acting Speaker in the Chair] I mean, the wasted energy and capital that we risk losing by this resistance is also to be laid at the The Acting Speaker: Point of order. door of the Opposition. I fear that a continuation of this Minister, do you want to entertain a point of approach does not serve us well, does not serve us order? well, because we are not being responsive to this cre- Thank you. ative potential and power in our own midst. It is time for us to consolidate it. It is time for us to harness it. Mrs. Patricia J. Gordon-Pamplin: Well, he has to. This is why the Cisco programme has so much potential. A certification there will position a The Acting Speaker: Mrs. Gordon-Pamplin? young boy or a young girl to have a position of ensur- ing that the network of BELCO or the network of in- POINT OF ORDER vestments companies or the network of CableVision, [Misleading] the network of major insurance companies . . . they can proudly say, I am making this network deliver data Mrs. Patricia J. Gordon-Pamplin: The Honourable from this point carrying financials, carrying important Member is misleading the House. Internet information, carrying vast quantities of critical The Honourable Member spoke to references financial information from here safely and securely to of European countries which have no bearing on what another trading partner in Hong Kong, or London, or happens in Bermuda. What he failed to recognise is San Francisco, and back to Bermuda. that the OBA did . . . his Member, Mr. Blakeney, went It is a function, Mr. Acting Speaker, that the down a litany of challenges that existed in the eco- companies value to the point that they pay huge, top- nomic conditions of Greece, Italy, France, and he dollar salaries for these engineers, these plumbers, went down the list, and down the list, and down the who ensure that all operates smoothly, securely and list. safely. When the amount of funds that travel back and forth through this economy, (which is well known to all House of Assembly 2068 18 May 2012 Official Hansard Report

of us) you can see the importance of having an IT in- were often, and they were consistent, and they were frastructure of which we should all be proud. laughed at. This is another success story for Bermuda. I did not mention the Government, I mentioned many An Hon. Member: Exactly. private sectors, but the Government of Bermuda uses the Cisco platform. The stakes are extremely high, but Hon. Hubert (Kim) E. Swan: I recall people saying, you create in a young boy or a young girl a huge You have a crystal ball in this place. And I can recall sense of satisfaction by positioning them to operate the people who made fun of the crystal ball scenario. I under a Cisco certification. remember in another place persons made reference So, Mr. Acting Speaker, the very report is part to the fact that, You’re lecturing us again. And as my of the transparency of the Government to put out a granny used to say, If you don’t listen, you feel. And performance measure of where we are in Bermuda in feeling for our people are at this particular time—our 2012, at a time when we have come from the very people are hurting. best of times to the point— Let me say this, that during the boom years when the Government should have been putting aside The Acting Speaker: Minister, you have about a mi- some reserves (which is one of my most critical as- nute left of your 30 minutes. pects of it) what would have taken place now is that the Government would have had reserves to spend on Hon. Michael J. Scott: All right, thank you. I did not those in need and to help the Bermuda people. Yes, I realise we had used up the time. do not think if the Government had $20 million or so in —to a point where we have positioned our- reserves that it would be holding on to those reserves selves to best follow through the recovery. for when the economy went up. So, Mr. Acting Speaker, I thank you for this So one thing that we have to be crystal clear opportunity to contribute these remarks. on is that the reserves would have made it easier for the Minister of Finance to be able to say, I am going to The Acting Speaker: You still have a few more put these monies into these programmes, and I would minutes. hope that these programmes would translate into those needs. Hon. Michael J. Scott: That is all right, I think I am— Now when I am speaking about needy, I feel duty bound to remind Members, all Members, that in The Acting Speaker: You have a minute left. I was the 2000s when the boom years were enjoyed by just letting you know you had a minute left. many, there were many in this country who were what I call PIPs, Party In Power. They used to be another Hon. Michael J. Scott: That is very kind, Mr. Acting “P,” but as my leader that appointed me in 1998 told Speaker. Thank you. me, he said, “Business supports governments. Re- member that they are only partisan when it comes The Acting Speaker: All right. Thank you, Minister, close to an election. Business supports governments.” for your comments. I do remember many people who you figured Does any other Member wish to speak? you would see close to an election time, who hung Mr. Swan, from St. George’s. I recognise the around a lot of new friends during the early 2000s Honourable Kim Swan. when the boom years were going. What was happen- ing during the boom years, Mr. Acting Speaker? Hon. Hubert (Kim) E. Swan: Thank you, Mr. Acting Speaker. I appreciate the opportunity to speak to the The Acting Speaker: Yes, tell us. Motion before us today that this Honourable House take note of the significant findings in the April 2012 Hon. Hubert (Kim) E. Swan: A glass of Yellow Tail in Department of Statistics Report entitled “Bermuda Job some of our— Market Employment Briefs.” Indeed, Mr. Acting Speaker, we have some 13 The Acting Speaker: A glass of what? pages. A great deal of it deals with numbers and graphs, but as I like to look at these things, they have Hon. Hubert (Kim) E. Swan: Of Yellow Tail Chardon- a face too. There is a story behind it; there are people nay, a house pour. Right? From a— that are impacted by it. I certainly want to start with the fact that we get varying accounts as to how the The Acting Speaker: Good. Just wanted to be clear recession came upon us, but I just want to say in de- on what you were referring to. fence of the Honourable Member that brought the Mo- tion (as he and I sat in another place together) that the Hon. Hubert (Kim) E. Swan: From a vendor on forecast and the predictions and the warning bells Dundonald Street, a brand which would cost you $9 a bottle. A glass was selling in some establishments for House of Assembly Official Hansard Report 18 May 2012 2069

$12 and $13. Not down at Bootsie’s. Down at What I want us to focus on, Mr. Acting Speak- Bootsie’s some of us could go and $20 might be able er— to make you a few friends. But if you went around Bermudiana Road and try to pull out a $20— The Acting Speaker: Yes, yes, Mr. Swan.

The Acting Speaker: You would not win any friends. Hon. Hubert (Kim) E. Swan: —is that we need to put a face on those persons in a country that is consid- Hon. Hubert (Kim) E. Swan:—the best you could do ered within the top five to 10 wealthiest countries per would be to tip the bartender or waitress on your capita in the world, and that we have a social respon- house pour. sibility for those persons that fit that statistic that I just shared. [Laughter and inaudible interjections] The Acting Speaker: Yes. Hon. Hubert (Kim) E. Swan: If you went there with one of your friends, who might have been taking a Hon. Hubert (Kim) E. Swan: Why? Because every- little reprieve from this place, you’d better have $50 in one that people talk about that comes here to work your pocket for the two of you to get two or three. from overseas is guaranteed a place to live. If they What am I saying? I did not see people order- live two and three in a home, it is by choice to save ing the house wine, as I was. I saw a lot of people or- money to send back to their families. Bermuda fami- dering bottles of wine, and I knew the brands. What lies who, by and large, during the time when there was going on? was an abundance of jobs in the more industrial blue collar workforce, had to work 60 and 70 hours in order An Hon. Member: They were using credit. to be comparable to someone that worked 35 and 40 hours a week. Hon. Hubert (Kim) E. Swan: No, there were a lot of So when the person who was getting the good jobs in the country—a lot of good jobs in the Summa or the Dom or the La Grande Dame on a Fri- country. day night, was playing golf and tennis and sailing on But what was happening at the same time? the weekend, Mr. and Mrs. Bermuda were going to Because at that particular time there were those of us their second or third job. Mr. and Mrs. Bermuda were calling for (and the Government had said it) and they knocking off at five. Yes, that was the economy that were going to have a mini-census every five years. allowed them to do it. And, yes, many of us did well as Why? Because socially minded folk who have always a consequence. been socially minded folk ever since I got involved in But what has happened? What has happened politics, wanted the mini-census that the Government because we do not put enough emphasis on the so- promised us that they would start having by 2015 or cial fabric of our country? When families have to live so, so we can keep a social record of what is happen- two and three in a household during the boom years, ing. social problems creep. We have seen the negative Companies today whose main, primary focus spill-over effects of a social climate gone wrong in is the bottom line, dollars and cents, forecast for the Bermuda. When you hear things such as the type of future. Socially, we do not forecast enough for the fu- things that our young children are exposed to, the vul- ture when it comes to the needy in this country and in nerability, the gang culture, the initiation of the young a lot of other countries. We wait until it is a crisis and into gang cultures, the preying on young, the break- then we go and we pick it up and we try to find some- down of the home and the family structure is all a part thing to do to pacify folks. of it. During the boom years, the 2000 census told That is why when the Honourable Member, us that more than 30 per cent of households in our Mr. Michael Scott, spoke about Ireland Island. I was country were poor or near poor. quick to support the Government on Ireland Island, and I have gotten criticised because people say $36 [Inaudible interjections] million for 100 homes. But do you know why I was quick? The Acting Speaker: Mm-hmm. The Acting Speaker: Go ahead. Hon. Hubert (Kim) E. Swan: That hurts. Why? Be- cause the poor or near poor were people living two Hon. Hubert (Kim) E. Swan: Because I have had and three and four families in cars and in caves in some experience. Bermuda during the boom years. They were hurting when the country was prospering. They were hurting The Acting Speaker: Yes? when the recession came. And they will hurt when the cycle moves more favourably. House of Assembly 2070 18 May 2012 Official Hansard Report

Hon. Hubert (Kim) E. Swan: Okay? And I am going to share it with you. Hon. Hubert (Kim) E. Swan: I can make off from time to time when I am advocating on behalf. The Acting Speaker: Yes. Well, we know the other group does not have experience. The Acting Speaker: We know you can make off when you are ready. Hon. Hubert (Kim) E. Swan: Number one, I declare my interest. I have had to visit those homes up in Ire- Hon. Hubert (Kim) E. Swan: Why? Because we did land Island. not build houses, as the Honourable Member, Mr. Walter Lister, from Sandys reminded me on a former The Acting Speaker: Yes? debate. We did not build houses in the 1990s; we built them in the 1980s. Hon. Hubert (Kim) E. Swan: I know Mrs. DeRosa and her family. I know Mrs. Curtis and her family. I [Inaudible interjection] know some of the Lamberts from Scaur that live up there. I used to pack race there when I was a young Hon. Hubert (Kim) E. Swan: No, it was not neglect. It boy against the Dockyard boys when they used to was because we took the mindset of there were a lot come down through White Hill. I know their families. of vacant houses because of the recession, and when the recession went, those persons will go into those The Acting Speaker: Yes? houses. But that does not work out that way, as I found out, because when the recession came and Hon. Hubert (Kim) E. Swan: What I am here to say when the bases left those of us who were renting to [is] I know the condition of those homes. I have been base housing, we got locals in there. an advocate on behalf of working families in former But you know what, Mr. Acting Speaker, you Government military barracks and made the argument know what happens? that we should renovate them instead of rebuilding. But my main aim at that particular time (and I The Acting Speaker: Yes? am speaking about Anchorage Road) was to make sure that the residents were not displaced. I have had Hon. Hubert (Kim) E. Swan: When the economy an undertaken from the Minister and I heard it that the takes back up, Mr. and Mrs. Landlord figure out very families of Ireland Island will not be displaced, and I quickly who they can get the best bang for their buck am going to hold him to it and I will make off and oth- [from]. You know who gets left out in the cold? Lower ers will join me, I think. Go up there and check out Jo income Bermudian families all over again. Jo and the boys and round them up down on Glass That is why I was at odds with my Cabinet col- Bottom Beach that they are concerned about, their leagues in the late ’90s, leading up to the 1998 elec- heritage. The Honourable Member and I went up tion. I do believe your platform at that time, leading up there when we were all together on their behalf. to the 1998 election, Mr. Acting Speaker, called for What I am here to say is that if the residence one week’s wage should equal one month’s rent. Oh is going to be kept intact and if they are going to get my God, I remember that. I found it hard to campaign some nice accommodations that working families against that. How could you campaign? Did you deliv- could live in, then that is not so bad. Why? Because er on it? the mistake that we make when we look at only dol- lars and cents and not put people first ahead of the Some Hon. Members: No. dollars and cents, you can make the mistake that we in the UBP made after the ’90s recession. We had the An Hon. Member: Geared-to-income. bases leave in the early 1990s and we had the reces- sion—which the PLP Government denied was on the The Acting Speaker: Geared-to-income. horizon and told us that we were predicting, and then it came. So we did not listen, we knew it was coming, Hon. Hubert (Kim) E. Swan: Thank you very much. our forecast was stated. Unlike the PLP Government, we did take heed of the forecast. The Acting Speaker: Geared-to-income. So, we de- I remember sitting in caucus, and some Hon- livered it. We have geared-to-income. We have ourable Members (who are not UBP today) that sit geared-to-income, yes. here who were Cabinet Ministers then would remem- ber. I made off at a few Cabinet Ministers in caucus in [Inaudible interjections and general uproar] the 1990s— Hon. Hubert (Kim) E. Swan: I think the first area that The Acting Speaker: Well, we know you are good for you went to geared-to-income I could not argue be- that, Mr. Swan. House of Assembly Official Hansard Report 18 May 2012 2071

cause you went up White Hill and did it up and back a friend of my cousin, the late Dr. Stanley Ratteray, up there off of Woodlawn Road—geared-to-income. who was a leader, with others, in the desegregation of this country. He happened to be our second chairman [Inaudible interjections] of the United Bermuda Party. Okay? Kenneth Clarke, who was close to Dr. Martin Hon. Hubert (Kim) E. Swan: Butterfield Lane, yes. Luther King, came to this country and did a social au- The Honourable Member behind me would know But- dit. This country needs audits and it needs more audi- terfield Lane. tors in order to get to the bottom of some things, but in the 1970s this country had a social audit. The Bermu- The Acting Speaker: Yes? da Small Business Development Corporation is an offshoot of that social audit. The Economic Empow- An Hon. Member: In my backyard. erment Zone is an offshoot of some of the things that were brought to the United Bermuda Party caucus by [Inaudible interjections] Mr. Raymond Davis (Khalid Wasi), that I wish we would have taken up on. Hon. Hubert (Kim) E. Swan: In our backyard. So you Finally, in 2003 the Honourable David Dodwell did. But . . . but—yes, there is a “but”—there is a lot came here with a Bill. (I believe Dr. Gibbons was the more geared-to-income needed in this country. Why? leader of the United Bermuda Party then; he was a Because the gulf between what you make and what Cabinet Minister in the United Bermuda Party in the you need—not what you want—is so wide for lower 1990s). And he came here with an Empowerment Bill income families. that was well-meaning, was well-intended, and to the That is the challenge, that is the mindset that I credit of the Government the United Bermuda Party would like dominating those who were to lead me. offered some solutions and the Government took it up That is the mindset that needs to permeate in this and ran with it today—and a smart Opposition. country. That is the mindset that needs to be followed through. That is why we are having difficulty really An Hon. Member: A smart former Opposition. helping the needy today, because it is easy to say what I would like to do. It is different when you have to [Inaudible interjections] be judged by what you practice. Hon. Hubert (Kim) E. Swan: I am still here. I am still [Inaudible interjection] here.

Hon. Hubert (Kim) E. Swan: So, yes, it is easier for [Crosstalk] Opposition. Opposition is necessary (as I hear the interpolations from the Premier) to get you in touch Hon. Hubert (Kim) E. Swan: I am still here. with Mr. and Mrs. Bermuda, because the Govern- What I want to say, Mr. Acting Speaker, is, let ments tend to be too busy either with the people’s us go to 2008. Now I have been very critical of the business or their own business from time to time. former Premier on occasion. In fact, I believe I brought a motion to this very House which showed some con- [Inaudible interjections] cern that I had with that Honourable Member that no longer sits here. But I have to give Jack his jacket,— Hon. Hubert (Kim) E. Swan: Well, that is another debate. One’s own business is another debate and we An Hon. Member: Give him his jacket. will get to that too. [Inaudible interjections] [Inaudible interjections and laughter] Hon. Hubert (Kim) E. Swan: And Jack and others— Hon. Hubert (Kim) E. Swan: But I do not want to . . . I former US Consul, Mr. Slayton, and the recently re- know I have got to— tired, Mr. Philip Butterfield, and Mr. Don Kramer from Ariel Re, along with myself in my role as Opposition [Inaudible interjections] Leader, we are convinced that in the best interests of Bermuda and to put Bermuda first, as I hear you so Hon. Hubert (Kim) E. Swan: I know I have got your often— little “X’s.” I do not want to go there yet. I have a few other things. An Hon. Member: That is what the OBA say. Now, let me say this when we come to social forecasting. A lot of folk look back, some that were not Hon. Hubert (Kim) E. Swan: But to put Bermuda first, [yet] born, and they say social forecasting never hap- the Opposition and the Government, who were often pened ever in this country. Well, Kenneth Clarke was at odds with each other, need to come together in a House of Assembly 2072 18 May 2012 Official Hansard Report collaborative spirit and produce a report called Ber- ernment that they are getting out of balance with re- muda First. I do believe that this Government that we gards to cruise and air visitors. have today under the current Premier and Finance How does that tie into this Job Market [Em- Minister, the previous Premier commissioned (and I ployment] Briefs? Very easily, because right now the could be corrected) I would say more than $700,000 Government boasts . . . I remember two Tourism Min- towards that report, in conjunction with the private isters ago, before Mr. Furbert, the former Premier sector. used to boast about the amount of arrivals that we So, in total, I believe the Government came had. Record arrivals I believe were the order of the up with the hundreds of thousands of dollars to sup- day. And, yes, the arrivals were record. port a report—a report that came forth with recom- But any business person, indeed, my grandfa- mendations for tourism and for international business . ther, a fisherman, knows ever too well, when 400 . . it came up with a vision for Bermuda. It told Bermu- cruise visitors spend the equivalent of 40,000 air arri- da that it needed to become a premier international vals, because a cruise visitor would spend on average financial centre. It told it that it needed to reinvigorate $120, and an air arrival staying in a hotel or in a family tourism and it told us that it needed to improve the household spends $1,200, you have to cast your net economic benefits for all Bermudians. where the fish are. I believe, because I did have a few times that I If there is no fish in hind ground, there is no could chime in and I made sure that the 30 per cent sense going over in hind ground. But if there is a lot of that were near or near poor were heard. When a re- fish in hind ground, and it is in season, then by all port comes out that says you need to take care of all means go there and go close when the tide is running Bermudians, it means that there are some or many— in that direction and maybe your line might drift in hind definitely too many Bermudians—that were not partic- ground because that is not against the law. ipating in the economic miracle that this group that Why is that so important? Because when this came in 2008, and before they came up with the re- country had 400 air arrivals staying in hotels, if we port in 2009, was participating in. would have had those type of numbers filling beds, or But let me just say ever so briefly, because I even a greater portion of those numbers filling beds know I am running out of time, Mr. Acting Speaker— during the off-season, which Government was in de- nial existed, or should be worded as such, would have The Acting Speaker: Yes, you are getting close to been more jobs for Bermudians. that point. But because the Government put its focus on cruise visitors and put a great deal of resources into Hon. Hubert (Kim) E. Swan: How much time do I that, when it can boast its second best year ever, have? there was not enough spend on-Island to facilitate the amount of people we were servicing. So as a conse- The Acting Speaker: I will let you know when you are quence the Government has paid a consultant to tell done. them what the Opposition has been telling them. Very, very wise, indeed. Hon. Hubert (Kim) E. Swan: No, but can you tell me But I must give Jack his jacket; I am glad Jack how much time I have, Mr. Acting Speaker? I will cast has come around to my way of thinking (as they used my net accordingly. to say in the variety show at the Belmont back in the 1970s) “at enormous expense.” Yes, indeed. Wel- The Acting Speaker: You have about nine minutes come to the Belmont. left. [Inaudible interjections] Hon. Hubert (Kim) E. Swan: Thank you very much. I will use them very wisely. Hon. Hubert (Kim) E. Swan: Mr. Acting Speaker, I Let me say this: I applauded the Government know my time is— recently on what I have heard so far of the National Tourism Plan. Why? Because that agrees, again, with An Hon. Member: The Belmont Stakes? what we have been saying for many years. Hon. Hubert (Kim) E. Swan: Yes, the Belmont [Inaudible interjection] Stakes.

Hon. Hubert (Kim) E. Swan: I will get to that. The Acting Speaker: Yes, your time is winding down, The “we” is the “we” I have always been; the so you better wrap up. “we” is the UBP. We have been telling that the Gov- ernment has not been fishing where the fish are. We Hon. Hubert (Kim) E. Swan: My time is winding have told them that they have not focused on all the down, and I have tried to do justice to this Motion. I seasons correctly. More importantly we told the Gov- certainly appreciate the opportunity to speak to the House of Assembly Official Hansard Report 18 May 2012 2073

Motion. But budgets and statistics are more than just got the regulation right. Bermuda could be a role numbers. They are numbers gauged off of the lives of model for getting regulation right. If you don’t get regu- people, and the lives of the Bermuda people are rid- lation right, then people lose confidence in the market dled with and plagued with great social problems. It is and they don’t invest, and growth slows because mar- incumbent upon Bermuda, its leaders, its wannabe kets drive growth.” leaders, and those of us whose job it is to keep others You will see, Mr. Acting Speaker, comments honourable and accountable, to encourage the Gov- from another who said “I see no change in our posi- ernment to put as much emphasis as it does on the tion here and I look for the Bacardi business to grow” bottom line on their people’s lives. in terms of staying and residing in Bermuda. You note Thank you, Mr. Acting Speaker. that they also commented on flying in global manag- ers to take part in a fundraising event for CADA, the The Acting Speaker: Mr. Swan, thank you for your Centre of Alcohol and Drug Abuse, Mr. Acting Speak- contribution. er. Does any other Member wish to speak? I think throughout you see the Goldman Premier? Sachs purchase of Ariel Re; very good for Bermuda. I recognise the Premier. All Bermudians have been offered jobs with the com- pany and the acquired business—remember that was Hon. Paula A. Cox: Thank you, Mr. Acting Speaker. under Don Kramer formerly, so he retired and it has Mr. Acting Speaker, I think that as we consid- since been sold. A Goldman Sachs spokesperson er this Motion what we have heard a lot of would be indicated it will operate as part of Goldman Sachs Re- those who have seemed to be a party of no in terms insurance Group. They have 61 staff in Bermuda, 42 of their commentary. I think this Government is very of which are Bermudian. We expect the total number much a party of yes; yes, we can, yes, we will. Our of employment in Bermuda to increase as we increase modus operandi is think things through, then follow the business. We expect we will have more than 61 through. employees here on the Island, should the transaction Mr. Acting Speaker, let me be very clear. As close. we look at the job statistics report, I think what it un- It goes on, but all I am saying is this is just the derscores even more and affirms is the Government’s tipping point, really, and just a small sampling. What position to support investment and growth and not one we are on a deliberate and directed course to do is to that is about cut, slash, and austerity. grow a bigger pie. When you talk about the fact that You will note, Mr. Acting Speaker, that those we are looking at TIEAs, TIEAs have value, but they governments in further shores than ours which es- have value not just in terms of showing that we are poused the economic model that was focused on aus- prepared to be a proper contributing member of the terity have toppled unceremoniously. This Govern- global community, but it opens up and expands our ment, Mr. Acting Speaker, is one that is focused on network of those with whom we can contract and do growth, investment and recognises the value and con- commercial business with. Not just government to tinued benefit of investing in preserving jobs. government, but more importantly to facilitate the flow That is where we stand and that is where we of commerce and opening up economic pathways for are. What you have heard from the Minister who our people to go cross-border. speaks on behalf of the Economy, Trade and Industry Bermuda is a small economy. It likes to con- has been a litany and extract of those programmes sider itself an open economy, but you know and I that we believe must be supported. know that we still have some restrictions on trade. We Mr. Acting Speaker, part of job preservation are seeking to liberalise and open up, but still we have means that you have to seek to encourage new in- some barriers and we are working on removing those vestment in Bermuda, you have to seek to encourage barriers, whether we are talking about 60/40, or even confidence in Bermuda, and you also have to make as we look at some of the issues to do with duties and sure you promote an enabling environment so that tariffs of that nature; however, we are not there yet. new business can be attracted to Bermuda. Our job is to grow the economy, grow the pie, Because Bermuda, as you would be aware, is as opposed to cutting the pie in different slices. That known as a magnet for attracting business and it is means you have to open up opportunities for com- also, as you would be aware, Mr. Acting Speaker, is a merce and open up your trading relationship. community that is seen to be innovative and prepared Mr. Acting Speaker, even in terms of as you to look at new models, particularly those models talk about . . . I heard my Honourable Colleague, who which encourage energy efficiency and green tech- just spoke, talk about Bermuda First. Part of Bermuda nology. First’s mandate was to basically, in my view, just af- Mr. Acting Speaker, you would have seen in firm what was already being done and in train. But in the report today the comment made that was attribut- terms of as you move forward, because that is what ed to a Mr. Brennan who says that, “You have a great governments are in the business of doing, moving business environment in Bermuda, because you’ve forward so they represent the government of tomor- House of Assembly 2074 18 May 2012 Official Hansard Report row, not the government of the past. You do not rest ernment has never said that they have no responsibil- on your laurels. That is a way to static, inaction. ity for anything. Governments of the future are looking at what are the opportunities for the future and to create and The Acting Speaker: Very true. grow the pie. That is why even as we look at issues like the waterfront. We have to have (and are in the Hon. Paula A. Cox: But we have said, Let’s be realis- midst of formulating) a long-term plan and a short- tic now. So let us not be mischievous. I think that cer- term plan. That includes the fact that you also have to tainly the figures from the Statistics Department show create economic centres that can generate revenue, that the Bermuda Government, in terms of public ad- and not just for Government, you know. ministration, is certainly a top employer due to job de- It is to generate economic activity to benefit clines in other sectors. It certainly demonstrates that the people of Bermuda. That is what we are in the in terms of job preservation we have made a commit- business of doing, Mr. Acting Speaker. So when oth- ment at some cost, I would say, to preserve jobs. ers want to be the party of no—let me say, we are the Now, even though some have been calling for party of yes. us to cut the size of Government, Government is go- ing to be embarking and is embarking on efficiency An Hon. Member: Hear, hear! reviews. But let us be real. Let us be real. Let us say tomorrow we follow what some would like us to do Hon. Paula A. Cox: The party of yes. That is why we and say we are going to cut 1,000 jobs in Bermuda in say yes to Job Corps. That is why we say yes to Ca- the Government administration. Where are those reer Pathways. That is why we say yes to One-Stop people going to go? Who is going to take care of Career Centre. Mr. Acting Speaker, we also say that them? What is going to happen? I mean, it is easy to we are focused on helping the vulnerable. You know, come out and say these things, and that is the liberal . to us they are not handouts. It is helping—giving digni- . . and freedom of not being the accountable govern- ty, assistance, hope, and help to those who need it, ment, because you could say anything which may be Mr. Acting Speaker. That is why the issue of job crea- cloud cuckoo-like. But you are not going to be held tion is so pivotal. It is pivotal. accountable for it. That is the easy way, you know. So a government has to look at what is out So the fact is that we are seeking to provide there which can be adventurous and entrepreneurial retraining opportunities for Bermudians. Anybody who so that we create economic activity. Do you know why says or who denies that this Government . . . and let the role of the Minister for Environment, Planning, In- me even be generous, you can say some former gov- frastructure Strategy, when he talked about telecom- ernments. Anybody who denies that there is not a Na- munications reform this morning, is so important? Be- tional Training Board that has been working from day cause we have some big players here, and big play- one when we became the Government in 1998, that ers are talking about jobs and bringing more jobs says that we have not been on the case and who acts here. as if we are just doing training now is, again, seeking I was in Business Bermuda at London just a to perpetrate a fraud on the people of Bermuda by few weeks ago. A friend of mine (you see how it misstating the position. It is not right. It is not accurate, works) is a solicitor there and wants to bring through and it is wrong! It is wrong. her client (a lawyer) to look at other places. He was So, Mr. Speaker, our view is that we really not minded to consider Bermuda, but it was the con- must build one another together. We do. We believe nection, and he heard about the Business Bermuda we do it by promoting a culture of enterprise, entre- event. So now they are looking at bringing jobs to preneurship and leadership, Mr. Speaker. Do you Bermuda. hear that? Enterprise, entrepreneurship and leader- It is about creating and facilitating investment ship. You see how we have moved from the Bermuda so we can grow the pie, Mr. Acting Speaker. That is Small Business Development Corporation to the Ber- why, and I will say it again and again and again, job muda Economic Development Corporation. You can creation is the way this economy will recover. That is see how we have moved from North East Hamilton to the way the economy will recover, and it will recover talking about an area which is very dear to your because we are putting in place sound, defensible, heart,— rational policies that inspire confidence and that cause people to want to bring people here. The Acting Speaker: Yes, a good part of the Island. It is almost as if you have this sort of haze where people want to promote the pabulum that there Hon. Paula A. Cox: —Honourable Deputy Acting has not been any adverse effect by a global reces- Speaker, the West End. sion. You cannot, and the Government and all those who seek to portray and promote an inaccuracy The Acting Speaker: A very nice part of the Island, should have the shame on them, because this Gov- yes.

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[Laughter] ister writes letters, as I write letters and the letters are coming in, in terms of applications for job makers’ in- Hon. Paula A. Cox: Then we have that other place centives, which are coming in fast and furious, that we down in the East End. So you see, Mr. Speaker, it is welcome them. People are applying, because you are looking at how we promote centres of excellence, of welcoming to them. You are letting them know that enterprise, entrepreneurship. you welcome and value their contributions to Bermu- I spent a night this week with a group of small da, and you are letting them know by your policies businessmen and women. They say to me that they and programmes that we are open to and open for do not see a reason for any change. And we were not business. That is what this is about. We recognise talking political, just so you know. But they were talk- that we are not yet where we intend to be— ing about in terms of the economic model. All they see is the need for the little things to be addressed. We The Acting Speaker: We are getting there. We are are going to not just address the little things; we are getting there. also going to deal with some of the big ideas, whether we are talking about the innovation and the economy Hon. Paula A. Cox: —but that we are well on the of the future, as well as those things which can be a way. nuisance and which, with the exercise of leadership at So, Mr. Acting Speaker, as people talk, I think the ministerial level, we can facilitate. that democracy is a beautiful thing. It is a beautiful This we promise to do; this we are doing, be- thing. But sometimes, people like to revile and wallow cause we are the party, Mr. Acting Speaker, of yes. in the weeds and want to say that Bermuda is nothing So, Mr. Acting Speaker, from the Government’s point but beautiful misery. Well, I am here to tell you it is of view, we just would like to continue to encourage not. Let us uplift our people. Let us uplift our people! the investment in Bermudians. You know what I was touched by? Because Some Hon. Members: Yes, yes! you are getting a change, a change in terms of the mindset, I am often told that there is a change in the The Acting Speaker: They have got to rise up. tone and a change in the mood of the country, not- withstanding the economic downturn. I spent some Hon. Paula A. Cox: And let us let them know that we time in another place last evening talking to one of our believe in Bermudians, and we believe in providing CEOs from the international business sector. You them with an opportunity. And that those who provide know what he told me? He said he was coming back Bermudians with an opportunity will be highly regard- to Bermuda in a taxi and he heard this young man say ed, highly rated and highly valued by us. Because that he was going to see if he could get some money what we need from those who are the economic ac- to buy another taxi so he could invest. He told the tors in this country, who have credibility and are en- CEO that he had a degree. When he mentioned trepreneurs is that they provide an opportunity so that where he had his degree from, which happened to we help to grow the pie. Because that is what it is correspond with where the CEO’s children had about, Mr. Acting Speaker. gone—so he knew it was a top-class place—he said, I thank you for your time. Why? Since this is what you studied and what you are interested in, why are you doing “X”? There is nothing The Acting Speaker: Premier, you still have much against dignity and there is nothing wrong with having more time left, you know? a taxi. But based on what you have as a background in insurance, why? He said, Because I am not going Hon. Paula A. Cox: Well, you know, I like that invita- to get a job. He said, Come to this firm. tion. But you know, sometimes, Mr. Acting Speaker, And let me give you the name of the firm be- people require that I be in more than one place at the cause I think sometimes the international business same time. sector hide their light under a barrel. It was Arch In- surance. We are talking about Dinos Iordanou. His The Acting Speaker: Well, that is understandable, lovely wife is here for the BII [Bermuda Insurance In- Premier. But we enjoyed your thoughtful comments, stitute] dinner tomorrow. So, he took this young man. so we will add it to the debate. This young man is now, I believe, in New York train- Would any other Member wish to speak? ing. And he has offered him a job. He made it on the We recognise Mrs. Jackson. spur of the moment, having spoken to this young man, Mrs. Jackson, the floor is yours. knowing that he also had gone to a certain university his children had gone to, his daughters, having cours- Mrs. Louise A. Jackson: Thank you, Mr. Acting es in insurance, a bright and good school. And he Speaker. liked this young man. I am going to speak about a group of people I There are opportunities. It is not just a one-off. think which have been impacted by this economic What we have got to do is make sure that, as the Min- downturn perhaps worse than any other group of peo- House of Assembly 2076 18 May 2012 Official Hansard Report ple. That would be our seniors. We already know that certainly are not putting ourselves out or extending more than half of them live below the poverty line, and ourselves for this as we should be. we have statistics way back from 2009, three years I am concerned, too, Mr. Speaker, about the ago. The poverty line at that time was $35,000 a year. one thing that is at the top of every senior’s mind right now, and that is their health care—jobs, jobs, jobs [Hon. Stanley Lowe, Speaker, in the Chair] again with that. You have seniors who are spending one spouse’s pension on that one spouse’s health Mrs. Louise A. Jackson: Mr. Speaker, we now have insurance. In other words, they might have a pension, seniors who are desperate for jobs. Many of them— let us say, of $800 or $900, and they pay FutureCare, and we also have to admit that when I talk about the which might be $600 and some. A lady stopped me on poverty line, that more than half of the seniors are the street and said that this left her husband $66 to making, living off of, trying to eat and take care of live off for the month. So she cannot have any health themselves, off of less than $12,000 a year. So they insurance, because her pension has to be used for are desperate for jobs. them to live off of. And she is desperately looking for a But this Government, unfortunately, has not job. He is desperately looking for a job. seen fit to do something which would have helped Again, I do not think that we are doing that them immensely. That is, to include age discrimination due diligence to really care about this group of people. in the Human Rights Act. Mr. Speaker, the One Ber- We are talking about 8,000 people here. If half of muda Alliance, the OBA, has been asking for this. We them are living below the poverty line or on the pov- have put this at the top of our agenda as far as sen- erty line, you are talking about 4,000 people. I think iors are concerned. Age discrimination is . . . I cannot we need to start taking notice of these people. They see that it is a problem to include it. There might be are quietly struggling. Many of them have health con- some other people who have things they want to put ditions—8 out of 10 of them have health conditions. in the Human Rights Act, but I cannot for the life of me We have been down this road before; I have talked see why this Government is being so slow to do this. about this. This is at a time when seniors thought that they would be able to retire in comfort, and many of The Speaker: It means they cannot work. them, as you know, are desperate and are looking for jobs. I am, again, asking Government to do the decent Mrs. Louise A. Jackson: Which means they cannot thing. Put that in the Human Rights Act, age discrimi- work. So, you have a dilemma here, and it is some- nation. thing that we need to stand up now and face. Now, we listened to the Throne Speech last Generally speaking, seniors do not complain. year (or this year). I was very surprised because there You do not hear them complaining. They will suffer was no mention about jobs for seniors, and there had really in silence. And they have pride. Fortunately, I been chatter about that within Government. In fact, we think that something is being done now about seniors had heard—we had been led to believe that this would who own property, but who have grave financial prob- be something that would be looked into. But nothing, lems. I think they are now able to go on financial as- not one word, nothing was said about the retention or sistance. But, Mr. Speaker, how many years has it retraining of seniors. This is something that perhaps been? It has been eight years that I have been plead- seniors clubs try to do. But it would be nice if we were ing for this. So, how many seniors have fallen through included in job retention, job retraining, something that the cracks in eight years who have had to suffer be- seniors desperately want. cause they could not get financial assistance because Another large section of training, as far as they owned or had a portion of property? And, of jobs are concerned, that would really improve the life course, are unable to work . . . Or the other scenario, of seniors, is care giving. Just a little note here—I are able to work, but cannot get work because of, in think you might be interested in knowing that in the many cases, age discrimination. United States, direct care workers—that is, working So, I guess I am pleading with this Govern- with seniors—and also nurses, combined, form the ment to give some thought on how you can assist largest section of care giving in the United States. It is seniors. The number one thing is to just do age dis- the largest job creation in the United States. We have crimination in the Human Rights Act. Do something got a situation here with 100 beds for seniors in resi- about retraining and retention of jobs for seniors. The dential homes having been lost in the last few years. other thing, which is very, very hurtful— We have long waiting lists, and there are not enough people to take care of these seniors. These Hon. Glenn A. Blakeney: Mr. Speaker, just a point of are jobs that we are not bothering to create. I know clarification—not a point of order—if the Madam would that we have a nurse’s programme, but as far as care yield. giving is concerned, this is not something that . . . It is on the agenda, obviously. I know that they have a The Speaker: Minister, what is your point of clarifica- course at the college, at the Bermuda College. But we tion? House of Assembly Official Hansard Report 18 May 2012 2077

Minister Blakeney has the floor. ing people who have to now try to find another way of surviving by getting a job. POINT OF CLARIFICATION So I will close with this, Mr. Speaker. That is to say that this economic downturn has very badly Hon. Glenn A. Blakeney: We as a Government are affected seniors in so many different ways. How many very committed to looking at age discrimination. But of them have had to go out and try to find a job be- what needs to be understood, it is just not an easy do, cause they have lost the rental of their apartment in because age discrimination does not only apply to their house, which was paying for their mortgage or seniors. Age discrimination looks across the gambit of helping to pay for them to exist? How many of them age and the implications with regard to any discrimi- have empty, vacant apartments at this point? So, nation regarding age, whether they be senior or any many of them are desperately trying to find another other age. So it is not just a question of age discrimi- way to make up for this shortfall. So I thank you, Mr. nation being looked at for seniors only. Speaker, for the time. I certainly hope that Govern- ment will listen to me on those three very important The Speaker: Thank you, Minister Blakeney. points that seniors desperately need help with. Thank Continue, Mrs. Jackson. you.

Mrs. Louise A. Jackson: Yes. Thank you very much, The Speaker: Thank you, Mrs. Jackson, the Honour- Minister. I certainly acknowledge that. But I think per- able Member from Pembroke South West. haps you understand that I am speaking about sen- I now recognise the Honourable Member, iors, specifically. I do understand the dilemma, and I Mrs. Gordon-Pamplin, from Paget West still plead for help there. Mrs. Gordon-Pamplin has the floor. Again, and I have to speak to the discrimina- tion as far as age is concerned with FutureCare, Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. which is a seniors health insurance policy. This is bla- Speaker. tant discrimination. You have one group of seniors Mr. Speaker, I am pleased to weigh in on this who are 65— motion brought by my honourable colleague on the Bermuda Job Market Employment Briefs because I The Speaker: Well, let us try to keep it to . . . I know believe that what it does is to focus on and highlight where you are going. some of the challenges that our people are facing that have been articulated very well by the Honourable Mrs. Louise A. Jackson: This is jobs. It has to do . . . Member, Kim Swan, as he spoke in terms of the This is jobs. shrinking middle class, the difficulty with which people are operating on a day-to-day basis. The Speaker: All right. That is good. What I really do not like to hear, which we always hear coming from the Government consistently Mrs. Louise A. Jackson: Absolutely. and persistently, is that all we do is criticise, that we are the party of no and they are the party of yes. What The Speaker: Go right ahead. it says to me, Mr. Speaker, is that the philosophical statement that my mother shared with us coming Mrs. Louise A. Jackson: I will go back to this lady along (which was that there is none so blind as he who stopped me on the street today. That was her who will not see) becomes so patently apparent when whole point; her husband had to pay this amount of I sit in this Honourable House. Because what is inter- money. esting is that we now find that we are in very difficult I will repeat it. You might not have been here. times. We heard the Honourable Michael Scott indi- The Acting Speaker might have been in the Chair; you cate that we did not see this economic downturn com- might not have heard this story. But this was the ing. We did not see it until it hit us in the face, which whole point. Her husband had to go out and get a job, basically says to me that a Government, being com- or try to get a job—he has not been able to get one— pletely bereft of ideas, now they come to the House because he has to pay twice the amount that other because it has been brought up to them . . . What are seniors are paying for FutureCare, and he had they now saying? Let’s work together! This is an “us” thought that he would be able to retire and not have to problem. And, Where are your recommendations, go and look for a job at his age. But that is what has OBA? We are in this together. happened with him. Yes, we are in this together. But how many And that is what led me to this. It is because times, Mr. Speaker, have we made recommendations of this difference in cost. That is, you have one group to the Government? And we hear the sort of arro- paying one amount—$335, I think it is, or $365—and gance that says, You’re not the Government! We are another, twice as much, only because they are older, in charge! 70 and older. That is, again, age discrimination, lead- House of Assembly 2078 18 May 2012 Official Hansard Report

Yes, they are the Government. They are in sions before, that some of the Government policies charge. It is their responsibility— that have made it difficult with respect to people find- ing employment locally has been that the unwelcome The Speaker: Well, let us get to the Motion. nature that some companies have felt—and I am not saying all. There are those who do still feel very com- Mrs. Patricia J. Gordon-Pamplin: That is the Motion, fortable, and I will give the Government credit for at- Mr. Speaker— tempting to hold on to those. But, Mr. Speaker, just as an anecdotal situation, a week ago I had a query on a The Speaker: That is not the Motion. phone bill, and I called up to inquire about this bill. Now, normally, you get to speak to the accounting Mrs. Patricia J. Gordon-Pamplin: —with respect to department at the company. And I heard a voice that I jobs. did not recognise. And straightaway, I thought, This is either the spouse of a Bermudian, because it clearly The Speaker: Get to the Motion. was not a Bermudian voice. We have ways of recog- nising our own. Mrs. Patricia J. Gordon-Pamplin: With respect to jobs, Mr. Speaker. Because what happens is that The Speaker: It was overseas, I am sure. when we make recommendations— Mrs. Patricia J. Gordon-Pamplin: It was overseas. I The Speaker: Yes. That is it. Now you are on target. asked the question. When they said, Well, we will put you through Mrs. Patricia J. Gordon-Pamplin: When we make to that department, I said, Well, where are you locat- recommendations in terms of suggesting how we can ed? He said he was located in the United States. This improve the plight of our people, we are laughed at is the billing department for a major telephone com- and scorned. The Premier talked about being in cloud pany locally, or a major service provider (not a tele- cuckoo-land and other such things. phone company, but a major service provider). Their But, Mr. Speaker, I think what is important is billing department is overseas. the understanding that Government’s responsibility is I mentioned in a debate very recently that one to create an environment that permits growth and that of the employment agencies here, Mr. Speaker, or a Government can . . . that growth and austerity are not person who worked in one of the major employment necessarily mutually exclusive. Mr. Speaker, we can agencies, said to me that their major challenge now is cut back on those policies Government has that cre- not getting people to work, but rather their major chal- ate difficulties for people in forcing them to find those lenge is managing the process of outsourcing. Now, additional second and third jobs, which no longer ex- Mr. Speaker, there is something radically wrong when ist, and therefore makes their quality of life more diffi- our local businesses spend the majority of their time, cult than it might otherwise have been. effort and energy trying to figure out how to move We heard the Premier mention them being the jobs offshore for the benefit of the company, recognis- party of yes. Well, party of yes, it is important to know ing the challenges that are existing for the people of that when that policy is being articulated, that we have Bermuda. Something is wrong with this picture. to look at the impact that their yeses have. Because So to suggest for a second that, as we make by saying yes to people and not saying no to austerity recommendations to the Government and they are measures and to measures that would create fiscal rejected and refuted, that all of a sudden they are responsibility, what it does is that it creates an envi- coming at us, saying, We don’t have any ideas. Now ronment in which the debt starts to build and to strain let’s hold hands together and sing “Kumbaya,” it does the Government’s ability to pay on servicing debt, and not work that way. An interchange between Govern- therefore, they have got to tax people more. And it ment . . . and each and every one of us does have a becomes a knock-on effect. responsibility. But that interchange between the Gov- Because when you tax people more, people ernment and the Opposition ought to be a healthy have to work a little bit longer, Mr. Speaker. They one, and it ought not to be one where the Government have got to come up with more jobs in order to be says, You guys always want to criticise what we are able to have the income to pay the taxes. We have doing. No. We can constructively give input into the heard how many businesses have gone out of busi- ideas that the Government has articulated. ness as the result of the fiscal policies. One cannot be looked at in isolation to the other; because the Gov- The Speaker: Yes. ernment’s fiscal policies are the policies that cause people to have significant hardships. Mrs. Patricia J. Gordon-Pamplin: We have heard Mr. Speaker, we talk about a Government about things such as the Economic Empowerment creating an environment. Well, you will know, Mr. Zone. I remember very clearly when the former Mem- Speaker, as I have mentioned on one or two occa- ber, David Dodwell, brought that Bill to this Honoura- House of Assembly Official Hansard Report 18 May 2012 2079 ble House—I believe it was one of the only Bills that I Hon. Glenn A. Blakeney: Point of order, Mr. Speak- remember that was completed in its entirety by Oppo- er. I think the Honourable Member— sition—to be told, You are not the Government. So, five years later, the Economic Empowerment Zone The Speaker: There is a point of order. Minister legislation gets brought into being. Not because it was Blakeney has a point of order. not good legislation, because a significant portion of it was effectively lifted straight out of that legislation. It POINT OF ORDER was not that it was not good; it is just that they did not [Misleading] think about it first. Therein lies the nonsense with which we have Hon. Glenn A. Blakeney: I think the Honourable to contend with when we come to this Honourable Member . . . I do not necessarily think it is intentional, Place, Mr. Speaker. I think it is sad, because it im- but it is misleading the House, because the Premier pacts negatively on our people. Mr. Speaker, when alluded to that one as an example. She went on to you look at this job report, this brief, it is not just your express how there is a litany of letters that she is re- average blue-collar workers that are feeling the impact ceiving from potential companies looking to engage when you start to look at the areas in which jobs have and hopefully set up businesses in Bermuda to create been lost. These are your accountants. These are jobs. your lawyers, your secretaries, your teachers, your architects. These are the kinds of people who are also The Speaker: Thank you, Minister Blakeney. being impacted. There was a time when one would go Carry on, Mrs. Gordon-Pamplin. to school, Mr. Speaker, and you knew that you could become an accountant because you were always go- Mrs. Patricia J. Gordon-Pamplin: I am not sure what ing to have a job. But that does not obtain. that meant. But I heard what the Premier said, and I It is not necessarily because the worldwide was really articulating one segment of what she said economic climate has created a significant impact. It without having the necessity to repeat all of her com- is that we have not prepared ourselves appropriately. ments. Because as we heard the Honourable Michael Scott But that example, I am saying, is one that say earlier today, the Honourable Member, that we did should be heralded. But we would certainly like to see not see all of this coming until the train hit us dead a lot more of those types of situations in which our smack in the middle of the eyeballs. The Premier indi- local people are able to be married up with positions, cated that a government has to be a government of and if the positions do not presently exist, then those the future and not one to rest on its laurels and be a positions . . . The onus is on the private sector, not on government of the past. I agree with her wholeheart- the Government, to create the positions. But the onus edly. Part of that responsibility in being a government is on the Government to ensure that the environment of the future is to make the determination, How can exists in which companies can feel that they can make we employ policies that are going to ensure that our the investment in their own corporate development to people are able to maintain their jobs so that they can embrace and encourage employers to come in and maintain a reasonably decent standard of living? create positions specifically for them. That, I believe, That has not happened. That has not hap- is the comment that I was trying to make. pened. We have heard, in the context of some inter- Now, Mr. Speaker, one of the things that we national businesses, that the growth in that sector is have heard defended is that the Government has robust and it is healthy. We have heard the Honoura- adopted a policy in which they ensure that jobs have ble Michael Scott talk about the profits that have been been protected. Yes, we understand that. We under- reported by various major companies. It is wonderful stand that a government is not going to want to see to stand and say, We have done this and this compa- people unemployed. We do know that over the course ny has done that, and Endurance did this, and Everest of the last eight or 10 years, our civil service has did this, and Ariel did this. And it is wonderful to take grown exponentially. credit. But you also have to take responsibility. But I remember, Mr. Speaker, very clearly just Because while the story about the one job that prior to the 2007 election, when I stood being in the was created as a result of a chance encounter with a position of being the deputy leader of another entity, in taxi driver and a businessman yielded very positive which one of the major criticisms that the Government results for that one individual, we need a lot more sto- side had, and put out the propaganda to the public, ries like that, Mr. Speaker. We do not need just the was that if this other party got into power, then all you one. One is better than none; I will admit that, and I do people are going to start losing your jobs. Which was not wish to appear to be completely negative. One is not the intent, because what was said at that time was better than none. But one is not nearly enough to ar- that the civil service would be shrunk by attrition, ef- rest the 2,000-plus job losses that we have faced over fectively meaning that those people who left the em- the course, between 2010/11, based on this. ploy of the Government, of the civil service, would not be rehired, and those who retired, that we would House of Assembly 2080 18 May 2012 Official Hansard Report somehow manage to have economies of job balance to make cement, if they are told and trained and it is so that one person would have the opportunity to take explained to them how things need to be done. over an area where somebody else worked. I think that when we start looking at the plight Sometimes, you have got to work just that lit- that our people find themselves in, we also have to tle bit harder. That was the intent; that was the state- accept, on the other side, the responsibility that we ment. But we heard it twisted every which way. have as a government to ensure that the necessary But what is, interestingly, happening now . . . training standards are there so that we do not have and that is that . . . I would not even say a strange situations in which our young people—or people, peri- phenomenon. It just happens that a significant number od—are unable to find work because of the competi- of civil servants have hit the age of 65. Notwithstand- tion with foreigners, especially in the situation of an ing, Mr. Speaker, that the Public Service Superannua- economic downturn. tion Act in one section permits some civil servants to Mr. Speaker, one of the challenges that we stay on to the age of 70, the Government, because have . . . and I started to allude to it earlier. But I just there is no money in the kitty, has made the determi- wanted to highlight that we cannot have a scattershot nation that the retirements have to happen. approach to Government and do a knee-jerk reaction I have had people calling me up the yin yang, to situations because, as the Honourable Michael meeting me in the street, saying, Do you know what Scott indicated earlier, we did not see stuff coming. they did to me? Well, you are 65 and that is the way We have got to be able to implement a forecasting the rules are. No, but what they have done, they have environment and, as I said, I would almost say 95 per let me go because I am 65, but they have hired the cent of the situation that we find ourselves in right next person who is 65 back as a consultant. now, today; we have heard it being articulated by the So the question begs, when we start looking Honourable Member, Bob Richards. Why? Because at these job numbers, Mr. Speaker, are we really en- his expertise is in economics. If that is somebody’s compassing the entire picture? The reason I raise the expertise, while it may not sound good because question is, if you have people losing their jobs, which somebody from Government does not want to accept makes it look as though it is almost a gloom and doom that this is an idea that came from the other side of situation, but then the cost of operating is still expo- the aisle, accept the value of it. And at least, if you do nentially higher because we are bringing in people not have the ability yourselves to evaluate it, get who do not have the job description, because we say somebody who can. There are economists— that, You know, they are 65, they are going to retire and we are implementing the approach of attrition, The Speaker: Another consultant? and then you are hiring them back as consultants, you just have to question. You absolutely have to ques- Mrs. Patricia J. Gordon-Pamplin: No. I am not say- tion, Mr. Speaker, how accurate are the job statistics? ing a consultant! I am not saying a consultant, Mr. Because I would certainly like to see how many peo- Speaker. There has got to be somebody within the ple have come out of the job sector, the civil service arsenal who can evaluate that which has been said on sector, in particular, who have been taken back as our side of the aisle to evaluate it for what it is worth consultants. I am not saying that it is a wrong thing to and to say, You know, I think the guy is right. Because do, because truth be told, people have to work. if 95 per cent of what he says has come through three One of the other major criticisms that I have and four years down the road, and you say we were had, Mr. Speaker, is the extent to which locals have caught like a deer in the headlights, then you have been overlooked on some major Government projects done something wrong. And we have to know that we in being able to find employment. The two projects can trust that every Member in this Honourable House that came up, specifically, and the stories that I was is here to try to make a positive impact on what hap- told of specifically, related to the building of the pens to the people of Bermuda. swimming pool and the construction at Tynes Bay. When we see job briefs, Mr. Speaker, that tell Now, I did have an interaction by interpolation us that year on year our job market has declined, not with the Minister, who said that he believed that the generally, not moderately, but substantially— manpower at the swimming pool was approximately substantially—and we know that conditions cannot be 50–50 between locals and foreigners. If that is a spe- completely blamed on the worldwide economic down- cialty position—because I do not believe that we are turn, it just means we have done something wrong, in the practise of building Olympic-standard swimming Mr. Speaker. To the extent that things have been pools, that is probably not something that we do, and I done wrong by the Government, it would just behove do not doubt that there is a requirement if it is a spe- them to listen. Listen and not be afraid to implement, cialty area. I have no doubt that the necessity for for- not be afraid to acknowledge that somebody else has eign workers has manifested itself. But that said, there come up with a darn good idea that they ought to has got to be a better way that we can utilise our re- adopt. sources to ensure that our people are working. I can- I can tell you, Mr. Speaker, with that approach not believe that it is a specialty situation for somebody and attitude you can be assured that the support that House of Assembly Official Hansard Report 18 May 2012 2081 will come from this side of the aisle would be huge. POINT OF ORDER And it will bode well not just for the Government to make the Government look good, because, you know, Hon. Glenn A. Blakeney: She contradicts herself. to the extent that they implement policies that work, First she says, on the one hand, they are offering all where people are able to find jobs, where our job sta- of these ideas. On the other hand, she just contradict- tistics are something that is acceptable, where we do ed herself, completely contradicted herself. not have situations where somebody has $60 left at the end of the only income that they have and having The Speaker: Thank you, Minister Blakeney. to make that determination, as my honourable col- Any further speakers? league, Mrs. Jackson, indicated, that you have got to I now recognise the Honourable Member . . . make the decision whether the husband has the Hello, sir. health insurance or the wife has the health insurance, that cannot be right! It cannot be right. [Laughter] But what happens is that the strain that is put on the financial assistance . . . I heard the Minister The Speaker: The Leader of the Opposition has the indicate it was $39 million that is included in his budg- floor. et for financial assistance. But, you know, what is in- teresting is when we had a promise of budget cuts two Mr. L. Craig Cannonier: Thank you, Mr. Speaker. I years ago, $150 million, of which $90 [million] was will keep directly to the point here. going to come from current account and $60 [million] When we take a look at this Bermuda Job was going to come from capital, you know what hap- Market Employment Briefs, the first page shows the pens? You put a number there, and you put a ceiling reality of where we are. I have heard Honourable there that is unrealistic. Then when the reality hits, Members in the past, maybe a few weeks ago, men- what have we done? We have clawed back already of tion that numbers do not lie. I have also heard much the $90 million current account savings—through dialogue going back and forth, some of it consultative supplementaries, we have clawed back $72 million. and some of it not to the point at all. The bottom line is So we did not have a $90 million savings. If anything, that our success and ability to maintain Bermuda’s we have had an $18 million savings, and we are still wonderful standard of living depends on how well the waiting for the rest of the supplementaries. balance of our workforce is managed. I speak on be- All I suggest to the Government is be honest half, being an entrepreneur, knowing that at the end of in putting the numbers out there to people. Let people the day the only way that we will survive as a country know the predicament that we are in. Let them know is that we must maintain a certain number of people the ability or lack thereof to be able to create a job working in this country. If I draw back to this graph, we environment which is sustainable for future purposes are not there yet. It is not heading, what I would call, to ensure that people can have proper jobs and that in the right direction. we can move forward as a people and as a country. I am pleased to see that, and hear from the Mr. Speaker, I have to tell you that when a Honourable Minister Minors, that we are doing some party who is in government does things in isolation wonderful things, that education and refocusing Ber- and in its own cocoon, and it gets the results that it is mudians to get into markets that they might not have getting and it refuses to change and adopt innovative considered before. When I look into the chart here, ideas because they are coming from somewhere else, and I roll over to page number 7, I can see definitely we are going to get the same results. Because of that where there are great opportunities for Bermudians to level of stagnation, Mr. Speaker, I would say, hand on get involved. Being a general manager of a People’s heart and without fear of contradiction, that there are Pharmacy for 12 years, I always did wonder why we times when we have to shake up the system. I believe were not getting enough Bermudian pharmacists in- that this is a primary instance in which we have to volved. When you look on page number 7, you can shake up the system. Instead of having to sit and lis- see that 65 per cent of the pharmacists in this country ten to the Government side saying to us as Opposi- are foreign—a job that is done well by those Bermudi- tion, What are your ideas?—when you are in charge— ans that are involved in it, a job that I would describe then get out of the way and let somebody do it who as honourable. People trust pharmacists. Yet, I also knows what they are doing! recognise by looking at this that we have not taken Thank you, Mr. Speaker. advantage of this industry and drawn some kind of bipartisan relationship that would help Bermudians Hon. Glenn A. Blakeney: Point of order on that last recognise some of the markets that they should be point, Mr. Speaker. getting involved in that are lucrative, that are honest and that will do them well in Bermuda. The Speaker: What is your point of order? So I recognise that we are looking at the ac- counting positions, that profession, and we are looking to help move Bermudians into that area, but I can tell House of Assembly 2082 18 May 2012 Official Hansard Report you that all of us must know from experience that this look for is, what is the opportunity that exists here and has been here for a long time! The correlation and the right now that we can go after with a tenacity that will relationship that should have been struck up some allow those 3,000-plus to get back to work, to feed time ago quite have not been there. So, Bermudians their families and to feel good about living? have been getting educated and coming back and The other opportunity is this: International cannot find jobs in the areas that they went to go and business is making money! We need to look at that be educated for. Maybe we did not do as good of a industry and see where we can diversify with that in- job in letting them know what the market in Bermuda dustry and get those job creators, as we call them, was looking for. You can go on down through there back into this country, feeling confident about Bermu- and see in the health field that it is a wonderful oppor- da and investing the money that allows every single tunity for Bermudians to get involved. one of us in here to enjoy the standard of living that At the end of the day, less Bermudians, less we have. Because without it, this graph is going to people working in Bermuda means less money circu- continue as it stands. lating in this economy that helps maintain the stand- Without the investment coming from abroad ard of living of every single person in here! To allow into this country, Bermudians will not be able to work ourselves, through recession and through other and entrepreneurs like many in this room will not be means, to allow ourselves to look at this chart and see able to own their own businesses and realise their the declines that we see should be disturbing to all of own dreams. Because I know dozens and dozens of us. Because, as I said earlier, and Honourable Mem- my buddies whom I went away to school with and bers have said before, numbers do not lie. Five years have come back, and they have lost their businesses ago we saw the trend. Every entrepreneur in this because there are not enough people in Bermuda room, people who are working in business, knows that working. when you start seeing those trends, you act immedi- So we need to go after the international com- ately! There needs to be a sense of urgency, of now! munity with tenacity and after all the opportunities [There are] 3,000-plus Bermudians not working right that exist out there because we have not explored now! They do not want to hear about something that is them all and exhausted them all to get those job crea- coming in the future. They want to know, What are we tors back into this country. doing about right now? Now, I take note. I want to move over to this As the young people say, here and now, be- page here, on page 4. cause young people are coming back from school. We have said to go out and get an education. They are The Speaker: Yes? Tell us about page 4. going to be looking for a job, just like I was when I was in school, to help pay for that education. They are Mr. L. Craig Cannonier: Page 4, it says “The number coming back, and they are going to see this graph, of filled jobs in the International business sector de- which means there is no place for them to work. Many clined from 4,287 in 2010 to 4,077 in 2011, down 210 of them are not going to get the opportunity to work jobs.” this summer, because the jobs do not exist. I did a quick calculation there, and those 210 Two opportunities exist for us. We have talked jobs that foreigners had, let us just say they spent, at about . . . there are two sides of the coin. There are a minimum, $1,000 a week. That is for rent, groceries, two opportunities. First of all, we need to make sure going out and buying something to eat, entertaining that Bermudians refocus and get educated. We seem friends. Easy number, very conservative. By the end to be on that path. We seem to be moving in that di- of the year, those 210 jobs that were lost and have not rection. Some of us may complain it is taking too long. been replaced, that is $11 million out of circulation Some of us will say there are all kinds of reasons as from the job market—$11 million!—that many of us in to why it is just happening. But it is happening now, this room who are entrepreneurs would benefit from and let us leave that where it is. and would keep people employed. But there is another side of the coin. For every So we have got one side of the coin, and we Bermuda dollar that exists, it only exists because are working on it. We see that our Government is someone has invested a dollar in Bermuda. We do not working on it. But what about the other side? Yes, we have any natural resources of our own. But what we need to refocus. And, yes, we need to educate. But do have is a smart people. We must capitalise on that. are you going after the money that exists out there— The way to do that is by getting people to invest mon- because it does—and getting it invested into this ey back into this country. Now, let me go back—two country? It is not happening! That is why this graph opportunities. One we are working on. But the chal- looks the way that it does. lenge with that one, in educating and refocusing Ber- muda, means that it is time challenged. It is not going Hon. Glenn A. Blakeney: Point of order, Mr. Speak- to happen right away, and it does nothing for the er. 3,000-plus Bermudians who are not working right now, trying to feed their families. So what we need to House of Assembly Official Hansard Report 18 May 2012 2083

The Speaker: Minister Blakeney, what is your point of Thank you, Mr. Speaker. order? POINT OF ORDER The Speaker: Thank you, Mr. L. C. Cannonier, from [Misleading] Devonshire South Central, Leader of the Opposition. Any further speakers? Hon. Glenn A. Blakeney: The Honourable Member is No further speakers. The hatchet over us misleading the House. Because he has been sitting came down. here all day, he would have specifically heard the Premier categorically state the implications, the im- [Laughter] portance, the significance of Tax Information Ex- change Agreements, which are designed to welcome, The Speaker: I recognise the Honourable Member, to invite, and to engage international opportunity for Mr. C. Swan, from Southampton West Central. businesses to set up here in Bermuda. Mr. Swan, you have the floor. We lead the world with signing those Tax In- formation Exchange Agreements, which now is a Mr. Charles F. B. Swan: Yes, thank you, Mr. Speak- pathway to do exactly what he is speaking about, er. I just thought I would get up and add a little bit of which is what we are committed to. my take on this Job Market Employment Briefs report. We get these every year. It is incumbent on every The Speaker: Thank you, Minister Blakeney. government to report on the job market in their re- Carry on, Mr. Leader of the Opposition. spective countries and what have you, on the state of the job market at that particular point in time. Mr. L. Craig Cannonier: Thank you, Mr. Speaker. I just want to stress that this is at a particular I will speak back his words—“halfway,” he point in time. Whether one could say that we expected said, “there.” The 3,000 people who are unem- this or anything like that is sort of neither here nor ployed— there. But I just wanted to add—I do not know—a few takes on why we are here. [Inaudible interjection] The Speaker: Somebody’s phone is ringing. Mr. L. Craig Cannonier: What did you say? “Half there”? Mr. Charles F. B. Swan: These are just for, I imagine, informational purposes. [Inaudible interjection] Yes, the Government is always going to be trying to do things to encourage people, business and Mr. L. Craig Cannonier: Sorry. What was that? You what have you to come here in their own way, shape said “half.” She said . . . the Honourable Member over or form. They are always going to be putting pro- there just said you said “half.” grammes in place in their respective countries to en- courage people to get educated and this type of thing. [Inaudible interjection] But sometimes, Mr. Speaker, I wonder if we are really cognisant of what the dynamics of this country has The Speaker: Carry on. been, for some of us who are perhaps more than 18 or 20 years old, compared to what it is now. Mr. L. Craig Cannonier: Okay. Well, Mr. Speaker, Mr. Speaker, I have had the opportunity in what I am getting at is that we have 3,000 people un- business to interact with a whole lot of young people employed today. In signing a TIEA today, in hopes over my—well, since 1984 when I joined the family that it will bring business tomorrow, is wonderful; I al- business. I do not know how many years that is; I ready stated that. But it is doing nothing right now for cannot count that high. Many youngsters, Mr. Speaker the 3,000 people who cannot feed themselves, and . . . I have also had the opportunity to have youngsters there are many of them. I know he comes into contact of my own in that time and see the education they get (the Honourable Member) with them every single day. and what have you or the options or opportunities that Our Government will not be able to give financial as- they have to attain things or to grasp or those types of sistance until we get that foreign money invested into things. I have also had the opportunity to interact with this country right now. our youngsters who are either studying here in Ber- I will end with this, Mr. Speaker. I do not want muda or studying overseas. I will be honest with you, to wax long on this thing. Our Government said that Mr. Speaker. I have seen a change in our young peo- they are a “party of yes” and that they are a “party ple over the years. I happen to think it is not neces- preserving jobs.” They are open for business. I leave sarily healthy for the country. I just wanted to state you with this, Mr. Speaker. If you are open for busi- that. ness, then turn the lights on! Because Bermudians We have been historically very (let us call it) want to get back to work. fortunate. We have been a wealthy country. We are a House of Assembly 2084 18 May 2012 Official Hansard Report developed country. We have a high standard of living, foreigner, someone has got to go so I get a job. It and we have high expectations. Everyone strives to does not work like that, Mr. Speaker. It does not work educate their children, whether it is here in Bermuda like that in Bermuda; it does not work like that in any or whether it is overseas. What I have seen is that, as other country. So I encourage our Bermudians to real- we have sent people overseas . . . And I will just inter- ly take advantage of any and all opportunities. It is ject here. We have a static population in this country. starting to happen, and it is going to take time. So, It has not grown for decades. So we are just replacing there is room here for Bermudians. So I do encourage ourselves, Mr. Speaker. So some of the things that that. you might see in a report like this, you can almost But I just wanted to raise those few points, Mr. predict. Speaker. I am an eternal optimist, and I know things Then when you couple that with a highly edu- are going to get better, but I do think they are going to cated workforce that is not only appealing to employ- take a little bit of time. Thank you, sir. ers here, but overseas, you can see how we are going to rely on people from overseas, if our economy is The Speaker: Thank you, Mr. C. Swan, the Honoura- going to grow. I have stated that before. If we are go- ble Member from Southampton West Central. ing to be growing our economy, if we are making ef- Any further speakers? forts to attract new businesses here to create jobs, No further speakers. well, a large proportion of those jobs may just have to The debate on the Take Note Motion by the go to people from overseas, Mr. Speaker, because we Honourable Member, Mr. E. T. Richards, is conclud- are not replacing ourselves and the highly aspiring ed. The Motion was the report entitled “The Bermuda young people we produce who get educated some- Job Market Employment Briefs.” times do not wish to come back here. I have heard that sentiment expressed, not by a lot, but by enough [The House took note of the significant findings in the to give me pause for concern and to put my thinking April 2012 Department of Statistics Report entitled cap on as to why it would happen. “The Bermuda Job Market Employment Briefs.”] I just wanted to state that, Mr. Speaker. I be- lieve an earlier Honourable Member talked about the The Speaker: We will move on to the next Order, opportunities in the trades and what have you, and I which is Order No. 4. firmly believe in that. That is the area I am in, Mr. Speaker. The ability to find Bermudians (and I have An Hon. Member: Carried over. said this before) is difficult because any aspiring Ber- mudian in a trade will work for themselves, and they The Speaker: Carried over. deserve to and I encourage it. But it does not mean Order No. 5. that in a growing economy people are going to want to be . . . You are still going to be looking for people. An Hon. Member: Carried over. Mr. Speaker, I will share one episode with you. I had the opportunity (and this was years ago) . . The Speaker: That brings us to Order No. 6. . my company wanted to send a Bermudian overseas to train in plumbing. I am not trying to beat a drum or [Inaudible interjection] anything. I am just going to go through the employ- ment process. This had to be 1990, 1989–1990. We The Speaker: No. We cannot return to it. put an ad in the newspaper to that effect. We had That brings us to Order No. 7, Take Note Mo- somewhere around 30 or 40 applicants, Mr. Speaker. tion in the name of the Honourable Member, Mr. C. I had made up my mind that I was going to interview Swan. them all, and I did. It took me a little while and all that Mr. Swan, you have the floor. type of thing. But there was one common thing that came out of that to me. It was the fact that we some- Mr. Charles F. B. Swan: Thank you, Mr. Speaker. times limit ourselves, and I applaud some of the ef- Do I read these out now? forts. In an interview environment we need to enhance our people skills at these things, to be presentable The Speaker: What do you have there? and this type of thing. But some of these things jumped out to me back then. MOTION TO REINSTATE Mr. Speaker, some of them are still true today. [Standing Order 25(3)] So something is not filtering down. I wanted to just put that out there. Our young people need to know that Mr. Charles F. B. Swan: What do I have here, Mr. there is opportunity here, and they can go and grab it. Speaker? I move that under the provision of Standing But it comes at a bit of a price. It is not going to be Order 25(3), item Order No. 7 on the Order Paper be handed to you. Some may have gotten the impression reinstated and extended on the Order Paper. that because I am Bermudian, or because there is a House of Assembly Official Hansard Report 18 May 2012 2085

The Speaker: Any objection? Agreed to. Mr. Charles F. B. Swan: And I give them credit for that. It is has been in our Constitution. This office is an [Gavel] office established under the Bermuda Constitution 1968. The previous Government did not bring the of- [Motion carried: Motion to reinstate passed]. fice into force, but this Government did, and I agree and think that this was a good thing, and I believe The Speaker: Carry on, Mr. Swan. most Bermudians do. Now, section 93(A)(1) really just states that Mr. Charles F. B. Swan: Thank you, Mr. Speaker. there shall be an Ombudsman for Bermuda. We are not the first country or Caribbean country to establish The Speaker: You just activated your Motion. such an office, Mr. Speaker, Grenada established one in 1967; Trinidad in 1977; Jamaica, 1978; Barbados in Mr. Charles F. B. Swan: I just activated my Motion. 1980; and Antigua in 1994. So, we are not pioneers in Wunderbar! this respect. The office of an Ombudsman is an office, as I said, that has been within our Constitution since The Speaker: Let us say the Motion before you start. 1968 and could have very well been established long before 2001. TAKE NOTE MOTION We all know that the Ombudsman has dealt with numerous issues, many to do with human rights SPECIAL REPORT BY THE OMBUDSMAN ENTI- and other issues, irregularities and maladministration. TLED“TODAY’S CHOICES: TOMORROW’S COSTS These are within its remit and are set out in the Act. THE OMBUDSMAN FOR BERMUDA’S SYSTEMIC The Ombudsman decided to do a report on special INVESTIGATION INTO THE PROCESS AND SCOPE development orders because of what she perceived or OF ANALYSIS FOR SPECIAL DEVELOPMENT OR- what that office perceived as maladministration. It was DERS” stemming from the Tucker’s Point Club. (Just to add a little background information here.) Mr. Charles F. B. Swan: I am. I am. I will say that the actual Ombudsman Act Mr. Speaker, I move that the House do now states that administrative actions by Ministers or junior take under consideration the following motion, and Ministers are exempt from the Ombudsman’s remit. that is that this Honourable House take note of the But I believe the Ombudsman has taken the point that special report by the Ombudsman entitled “Today’s that may be in the Act, but the remit of the Ombuds- Choices: Tomorrow’s Costs. The Ombudsman for man covers any and all Government departments, Bermuda’s Systemic Investigation into the Process NGOs (non-governmental organisations) or any other and Scope of Analysis for Special Development Or- bodies created by and/or within the Government’s ders.” overall organisation. We all know that the Minister in charge of these various departments must, in this The Speaker: Carry on, Mr. Swan. House, speak for either the people who are employed in that department or the issues that arise out of the Mr. Charles F. B. Swan: Thank you, Mr. Speaker. operations of that department. So, on that basis, one can see the Ombudsman would have no hesitation. I The Speaker: Any objection? have to point out that history and precedent in law Agreed to. establishes all of this, this Ministerial responsibility to speak in this House on their various departments. [Gavel] Now, the duty of a Minister . . . I do not want to touch on . . . The Ombudsman did the report, and The Speaker: Carry on, Mr. Swan. the Minister . . . The reason we are here today is part- ly because the Government had to respond to this report by filling in a form, and that had to be done by Mr. Charles F. B. Swan: Thank you, Mr. Speaker. st First of all, let me thank you for giving me the May 1 . Otherwise, this debate might have occurred opportunity to, number one, get the extension and to before. Last week it was put back until this week, and bring this Motion to the House this evening, today. that was under a little bit of advice. We do not know I am going to start, Mr. Speaker, by . . . We what was in the Government’s reply to the Ombuds- have had an Ombudsman Act in Bermuda since 2004, man, but it is hoped that we will know at some point. and it was this Government that brought about that Now, Mr. Speaker, this Government, like all Act coming into force by establishing the office of an others, gains credibility amongst other countries and Ombudsman. I think that was in 2001. its peers, other governments, in the world body we live in by agreeing to be signatories to various con- The Speaker: Yes? ventions. Part of the reason this report was done was House of Assembly 2086 18 May 2012 Official Hansard Report

because of the lack of information gathering to do with Why are we going to them? Which are those groups a particular— of reasons why we are attending these conferences, Mr. Speaker? [Gavel] I will give an example. We have heard a lot of effort has been made by Bermuda and this Govern- The Speaker: Mr. Swan, is that related to the debate? ment in establishing Tax Information Exchange Agreements [TIEAs], and we have quite a number of [inaudible] those now. We just signed one recently. I know we have done one with China, and the most recent one The Speaker: Thank you. Carry on, Mr. Swan, the was . . . someone will yell it out, I am sure. other Mr. Swan. [Inaudible interjection] Mr. Charles F. B. Swan: — . . . in relation to a special development order [SDO] for the Tucker’s Point Club. Mr. Charles F. B. Swan: Taiwan? Qatar. That is the The essence of it was that there was no envi- one, Qatar. ronmental impact assessment performed for that par- We have travelled overseas. Some of these ticular SDO. As I said, governments sign on to various representatives from these countries have come to compacts or become signatories to charters and Bermuda. And we have signed Tax Information Ex- agreements and conventions, and it is done for a lot of change Agreements with them. Most Bermudians may reasons. Some are practical, and some are what I have no idea what they mean, but the Government would call “altruistic.” Practical ones, they want to be explains it is to help Bermuda to establish itself as an seen to be doing the right thing or to be seen in the agréer to various treaties established in the rest of the right circumstances (in the right mix, I guess, is the world to do with taxes. We know that countries such way to put it). Or it could be done to be eligible for as ours are under the microscope sometimes from the grants, whether it is for grants to enable representa- larger jurisdictions to do with our tax structure and tives from governments to attend conferences or for how it affects companies that locate here in Bermuda. personal development and this type of thing. Some Many people do not necessarily have any idea what might call those types of things a bit egoistic, Mr. these agreements may bind Bermuda to, or what they Speaker. bind the counter signatory to in regards to their rela- There are other reasons for signing or being a tionship with Bermuda. party to agreements. These I will call altruistic. You go So, one could pose the question for the Gov- into an agreement because you sincerely believe in ernment, What sort of benefit (can it be quantified in the merits of what you are agreeing to. You believe in any way?) does Bermuda gain by having these the commitment that you are agreeing to. You respect TIEAs? the aims of the charter. Or it might be out of the un- [Gavel] selfish concern for the welfare of others or out of eco- nomic need or to gain knowledge for the benefit of The Speaker: You cannot show your back to the others. Speaker. You also may sign onto various commitments and agreements and conventions because it enables An Hon. Member: I am sorry, Mr. Speaker. you to gain funding for projects in your own country. Some governments do that; a lot of governments do The Speaker: That is all right. that. You know, the UK has a Department for Interna- tional Development [DFID]. It is a bipartisan commit- Mr. Charles F. B. Swan: Can they be quantified? Is tee that oversees where their development money there an economic benefit of Tax Information Ex- goes. But in order for a country to get some of that change Agreements that can be quantified? Obvious- development money, it may be expected to be signa- ly, it looks good. I will call it my egoistic reason again. tory to various conventions. That is just an example. It looks good to be doing the right thing, to be signing We have to ask ourselves, Mr. Speaker . . . Tax Information Exchange Agreements. In the wider and I am going to get to some of the things that are in body, it gives Bermuda perhaps a bit more cache in the report because our Government is the signatory to the offshore insurance market and with governments some conventions that are related to the environment. from whose locations countries sometimes relocate to. I am going to get to that. We have to ask ourselves as Mr. Speaker, the Minister who signs these taxpayers if our representatives are going to spend things might explain. If it is the intention of our Gov- money and taxpayer dollars to attend conferences to ernment to abide by whatever the stipulations of these work out agreements with other countries or to sign Tax Information Exchange Agreements, whatever onto conventions and charters with other countries, stipulations are in there, and what is expected of the are they being sincere? Why are we doing this? That countries that sign with us, what sort of commitment is is one of the questions I just want to put out there. it? There usually are commitments when you sign House of Assembly Official Hansard Report 18 May 2012 2087

these things. There are stipulations that are listed, and very key part in that because we had a Bermudian— you commit to them by signing. We are all familiar with and this was Dr. Pauulu Kamarakafego (that is, former these types of things, Mr. Speaker. We sign agree- Dr. Roosevelt Brown) who was a staunch environ- ments, all kinds of agreements. Most of them are le- mentalist. Dr. Roosevelt Brown, the significance for gally binding in some way, shape or form. It is as if Bermuda was that he was a representative for the your signature is your bond, Mr. Speaker. I thoroughly island of Vanuatu, and he was also chosen by the believe in that, being the sort of halfway decent busi- small island nations to be their representative at the nessperson that I am. Rio Declaration. I think that is a major accomplish- What expectation is desired (I mentioned this) ment for someone from this country, Mr. Speaker. of the other jurisdiction that we sign with? Does the Obviously, there is a bit laid out about Bermu- Government consider its signature to international da in Rio (and that was in 1992) on page 8 in the re- agreements a bond? Does it agree to abide by what- port. But it is a significant measure of the high interna- ever is in those? Now, Mr. Speaker, I am going to get tional regard in which the late Dr. Kamarakafego was to the “Today’s Choices.” This is a report here. Every- held that he was elected to be the coordinator from one has a copy. Bermuda is a signatory to an agree- 1992 until 2002 of conferences and sustainable de- ment in this report. The agreement is the UK Charter velopment work throughout the world for small island on the Environment. Now, I will admit, Mr. Speaker, developing states. we are a colony here. We are a dependent territory. I So we were there, Mr. Speaker, in two differ- do not like to use the word “colony.” We are a de- ent forms. We had people on the ground as repre- pendent territory, along with other places that are all a sentatives of our Government, and we had a Bermu- part of the British Commonwealth. And the UK Gov- dian at this Rio conference who played a major role. I ernment engages in charters that it sometimes ex- think that is significant. Just going back to the Envi- pects its overseas territories to sign on to. This one ronmental Charter from the UK, the fact that Bermuda was one of those, the UK Charter on the Environment. signed onto this—and I call it a commitment, Mr. Now, Mr. Speaker, the environment charter Speaker—for me, says that Bermuda is going to abide had a list of commitments that Bermuda agreed to. I by these commitments. If we sign it . . . If we sign the- am going to read one or two of them. The report has se things, we must intend to abide by them. I cannot them in here on page 6. Now, on one half of the page, think of any reason why we would not. there is, “The Government of the UK is committed to,” Now, Mr. Speaker, in Bermuda, between 1978 and on the other side of the page is, “The Government and 1998, we have had 22 SDOs, and they are all of Bermuda will,” it says. It is headed “Environment listed in here in the report in an annex at the back. (I Charter.” And it says “Commitments” underneath that think it is on page 70. I did know the report back- heading. If people have their report, I am just going to wards; had it committed to . . . It is near the second go straight to item 4. half of the report. But I just want to get the page so I The item 4—and this is under the list of things can direct people to it, unless they have already found that the Government of Bermuda will [do]. I do not it—list of SDOs.) believe the words have changed here in any way, shape or form between the signing this charter and it [Pause] actually being printed here in this Ombudsman’s re- port. But it says the Government of Bermuda, in addi- The Speaker: Cannot find it? tion to a few other things will “Ensure that environment impact assessments are undertaken before approving Mr. Charles F. B. Swan: It is in here. major projects and while developing our growth man- Well, I can come back to it. But, yes, the list of agement strategy.” SDOs in Bermuda from time immemorial to now is It also states in here that the Government of listed there. Between 1978 and 1998 there were 22, of Bermuda will “Commit to open and consultative deci- which three had environment impact assessments or sion-making on developments and plans which may studies. As a matter of fact, number 20 in the list was affect the environment; ensure that environmental im- for the Castle Harbour resort. Then between 1998 and pact assessments include consultation with stake- today, there have been 22. So in 20 years, there were holders.” 22. From 1998 to today is not quite 14 years, there The last item in that list is number 11, and it have been 32 SDOs, of which 10 have had environ- also says that the Government of Bermuda will “Abide mental impact assessments, or studies. by the principles set out in the Rio Declaration on En- Now, before 1998, in previous years, and vironment and Development . . . and work towards even past 1998, the Minister responsible for the envi- meeting international Development Targets on the ronment was the person that most developers went environment.” directly to, and had sole discretion for SDO applica- Now, Mr. Speaker, Bermuda is a signatory, I tions. The developers dealt directly with the Minister believe, to the Rio Declaration. That was not neces- and/or even Cabinet. Technical officers were brought sarily non-binding. But I will say, Bermuda played a into the picture literally after the SDO was granted just House of Assembly 2088 18 May 2012 Official Hansard Report so they could figure out how it could be implemented So I put that question. If the intention—and actually on the ground. They were not employed be- the Minister also stated that we look at these things as forehand to advise, to gather information, to advise aspirational. Well, if is your intention to just aspire to the Minister before he made his decision, before the them and not abide by them, are you not worried SDO was granted. The SDO we are speaking of here about the Island’s reputation in any way, shape or today, the Tucker’s Point one, did have input from form? That is true whether it is the UK Charter on the both Planning and Conservation Services some six Environment or, to my mind, whether it is true for a months prior to its granting. I am going to get to the Tax Information Exchange Agreement. What is the actual Tucker’s Point SDO and some details on that in reason for signing them if you have no intention of a minute. abiding by them? Now, one of the things that struck me when Now, Mr. Speaker, the report on page 10 has this report first came out and the administrator of the an aerial view of Bermuda. I just wanted to touch on environment had to reply was the fact that in the reply, this a little bit. I believe . . . Well, the report states in a more or less direct way that it was unlawful for the Ministry of the The Speaker: You like it, do you? Environment not to conduct . . . or it acted unlawfully in not performing an environmental impact assess- Mr. Charles F. B. Swan: Yes. It is a very nice picture. ment. It acted unlawfully. The Minister in his reply, I like aerial pictures of Bermuda. press conference, took pains to address that issue, and the fact that he had not broken any laws because The Speaker: Page 10? it is not enshrined in law in our legal system that EIAs have to be performed. Mr. Charles F. B. Swan: Here it is, Mr. Speaker. Now, Mr. Speaker, I found that a little bit odd. Look. I will tell you why. I have stated part of it before. It just brought to my mind as to how serious does that Minis- [Inaudible interjection] ter, or previous Ministers, or any Minister, take signing an agreement or a charter or a convention? How seri- Mr. Charles F. B. Swan: Well, that is what we are ous do they take it? going to touch on. Is it purely . . . It goes back to my reasoning. What are the reasons behind doing these things? If The Speaker: Yes. I am now looking at it. you are not going to abide by them, if you only wish to appear to be doing the right thing, why waste people’s Mr. Charles F. B. Swan: The photo is taken from a money if you have no intention of abiding by them? plane, and it looks like the plane has taken off from Why? That is the crux for me, one of the cruces, of Kindley heading what would be south, southeast. And this matter. it is taken looking back across the Island. The fact is that we committed to the UK Char- Mr. Speaker, I took the opportunity to look at ter on the Environment and all that it laid out, and pictures taken in Bermuda from the air 30 years ago, there were things in there that the Government of the 20 years ago, and then this one here, and compared UK committed to and that the Government of Bermu- them. You can see the creeping development that is da will do. Some of these things, Mr. Speaker, only occurring in our Island. You can see it. Anyone can have to be enshrined in policy; they do not have to be see it. You can go to the library and look at photos. legal. The whole aspect of SDOs, again, is something What I have written on my notes here, it clearly shows that has been a bit of a bone of contention for some the extent of concrete from one end of the Island to time. the other, interspersed with spots of green. Anyway, the Ombudsman stated that it was a Now, Mr. Speaker, also in this photo, the ac- mistake of law not to conduct EIAs prior to granting tual area, the Tucker’s Point area, is circled. That area approval in principle. That is on page 2, actually at the of the photo is part of Tucker’s Town. Development, beginning of the report in the Executive Summary. and is not as expansive as it is in other parts of the She went to some lengths to explain why she got to Island. So you can pick out sort of individual houses. that position, and that is all in there. But what is clear to me here is one thing I wanted to Mr. Speaker, multilateral and bilateral agree- point out. One of the SDOs granted to Tucker’s Point ments are, if I am not mistaken, binding, even if there allowed development along Shell Point Road where is no enforcement in place. Now, the only recourse they have built executive houses for sale. This is then is that, if there is no enforcement or monitoring along land that is along the foreshore. This is along as there is, say, for human rights or torture issues or land that had no houses on it before. detainment, then you can have sanctions. You can be monitored and get sanctions if you are not abiding by [Inaudible interjection] your commitments. And you could lose your reputa- tion. House of Assembly Official Hansard Report 18 May 2012 2089

Mr. Charles F. B. Swan: That is right. It was a golf any legislation, Mr. Speaker. They do not have any hole right along the water. legislation. But they were able to get the development, Mr. Speaker, you can look at this picture, and the Government was able to go ahead with the devel- you can imagine what that looked like because I was opment, but the developers had to follow all kinds of around when there were no houses there. You could strictures in the development. imagine what it looked like from the air then. But now They had to make changes. I believe they de- there are houses dotted along there. What you can signed a golf course, but to avoid runoff from the golf also imagine by looking at this picture, Mr. Speaker, is course the whole thing is enclosed in a plastic-like how much more of that circle is going to be covered basin so that runoff does not go out into the ocean with development. I just wanted to point that out. and the protected mangroves. So, for a Minister to The other thing I wanted to point out, Mr. say, We don’t have legislation here that makes us Speaker, is that the UN issues (what do they call have to do EIAs, does not mean anything. We signed them?) Human Development Index tables. That is a commitment, and we should abide by it. right. There were two things pointed out in these ta- The other thing that these cases also pointed bles that struck my mind. One of them was a fact that out, Mr. Speaker, is the relationship between the pro- came out in the last one in 2011, which mentioned cedure for arriving at a decision and then the merits of that countries in the Caribbean, island states, Central the decision itself. We employ a large Civil Service America, when we are talking about regions of defor- here in Bermuda. They do a sterling job, Mr. Speaker. estation and what have you, those are the countries We expect them to. Sometimes, they can only do as that are seeing the greatest increase in deforestation. good as their directors. But anyway, Mr. Speaker, we Latin America and the Caribbean are . . . We are talk- expect civil servants . . . they have a job to do. They ing about forest cover shares and rates of change by gather information. They find out about things. region. Latin America and the Caribbean were the In the case of Planning, they consult with var- areas that showed the greatest increase in deforesta- ious bodies as plans are brought in or plans for devel- tion. opment or plans for houses. They look at the land. Is it The other thing that this report pointed out, suitable? Is it encroaching on protected areas or fore- Mr. Speaker, was the aspect . . . I do not like the term shores or what have you? It is their duty to do that, to they used here, but they call it “land grabbing,” okay? be diligent and then to give advice to the Minister. That is where private and public, or public/private and Now, it might be the Minister’s prerogative as Government joint ventures and these types of things, to what . . . to make the decision. It is. But one would where countries are coming into less developed . . . question a decision that was made without proper ad- she did not say “developed countries” or “countries vice. That is the separation. It is the procedure for ar- with development aspirations in other countries” . . . riving at a decision and then the merits of the decision are coming into less fortunate countries or less devel- itself—two separate things. (I just closed my page by oped countries and buying land and developing it for accident.) whatever reason. It could be tourism, it could be infra- structure, it could be for plants or what have you. Our The Speaker: Lost your place, Mr. Swan? case here with Tucker’s Point has some bearing in that regard. I am going to touch on that in a little bit. [Inaudible interjection] But I did find that, as an Island, Bermuda has crept up the rankings of countries where overdevelopment or Mr. Charles F. B. Swan: Right. the incursion of development is now reaching propor- tions that are worrying in our 20 square miles. [Inaudible interjection] Now, Mr. Speaker, the report (and I am going to be brief with this section) also has some case histo- Mr. Charles F. B. Swan: Well, not just technology. It ry from both the Bahamas and Belize, other countries is the process, the process. similar to ours. They probably have more land than we Mr. Speaker, I want to just talk about process. do that is available for development. But they have . . . We spend time. We put all kinds of processes in Well, Belize has strict conventions and guidelines for place. We have processes for hiring people. We have any kind of development. We all know that Belize has processes for ordering things. What I firmly believe is a rainforest to protect and what have you. that if the process is developed right and followed, The Bahamas at the time of this particular is- then we should not have issues. sue there involved a development on one of its cays. I It does not need to be enshrined in law, you think it is the nine-mile-long island, Guana Cay. There know. Businesses have processes. They are not en- were like 150 people who lived on this cay. But they shrined in law. But they follow them to the “T”, and mounted a campaign that allowed them to actually make products or sell goods, and some businesses take the case there (which was for a resort and what do it very well. Some do it better than others. One have you) to the United Nations and the Privy Council. would hope that, having the proper processes in here, What they were able to get . . . And they do not have ones that we have committed to, will help us to make House of Assembly 2090 18 May 2012 Official Hansard Report better decisions. This did not necessarily happen in The Speaker: There is a point of order. this particular instance. So it makes no sense, in my Minister Burgess, what is your point of order? humble country opinion, to expend resources signing things if you are going to ignore them, if the intention POINT OF ORDER is not to abide by them, if you are going to continue to aspire to them for the rest of your days in office. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, the Mo- The other thing I wanted to raise, Mr. Speak- tion states the merits of our Parliament—document er, again—and this points to that procedure for arriv- code of conduct and the role of the Ombudsman— ing at a decision versus the merits of the decision it- nothing about Tucker’s Point. They had that debate self—is, we talk about it, and this report mentioned the already. I have heard that debate already. special development orders being used for develop- ments that are considered major, or perhaps likely to [Inaudible interjection] have some significant impact on the environment, or to be of national economic interest. I wanted to touch The Speaker: Carry on, Mr. Swan. on that slightly. You know, we, as elected officials here and Mr. Charles F. B. Swan: Thank you, Mr. Speaker. leaders . . . and some of us, obviously, have made it The Tucker’s Point SDO . . . and this is on to Cabinet and what have you. We get elected be- page 45—a little bit of history—and I am going to get cause the constituents, the voters who put us here to the point. trust us to represent them in the right way. Okay? Mr. Speaker, no one denies that. So if you are a Cabinet The Speaker: Let us see what you are going to say Minister, yes, you get to make decisions that affect about it— Bermuda and Bermudians. That is what you have been put there for. I have been put here for the same Mr. Charles F. B. Swan: Sorry? reason. Everyone here has, because people trust you and expect you to work in their best interests. The Speaker: —before we can determine whether One of the problems I find is that when it falls you are out of order or not. Carry on. to one person to make a decision that is of major eco- nomic or significant environmental impact, or it is a Mr. Charles F. B. Swan: Shall I carry on? I am nearly major development, there is no way, I believe, that done. any one of us (you might be able to tell me different, Mr. Speaker; you have been there a long time) is fully The Speaker: Yes. I am going to see what you are qualified to necessarily make decisions of that magni- going to say. tude on their own. I certainly will not say that I am qualified to make a decision on a major hotel devel- [Laughter and inaudible interjections] opment that may be of major national interest to Ber- muda and also may have significant impact on our Mr. Charles F. B. Swan: Yes. environment. I do not believe I am qualified to make Tucker’s Point, prior to the last SDO in 2011, that decision on my own. was the beneficiary of three SDOs, Mr. Speaker. This So, that leads to the gathering of information. history is laid out in the report. It was the beneficiary Environmental impact assessments, which are very of three SDOs, one in 1995 and two in 2001. Now, detailed, are a part of that information gathering. I Tucker’s Point is sort of an extension of Bermuda talked about qualifications. Ministers may also refer to Properties, which owned land in Bermuda many years the fact that, look. Some matters are reserved for Min- ago. There is a whole lot of history there, Mr. Speaker, isters. That is fine. Some matters are. I do not think an extensive amount. the matters that I just mentioned are. But in a case First of all, let me say that none of these like this, it might be putting the cart before the horse, SDOs or none of the agreements with the owners of because I am a Minister and because some decisions this land permit them to sell it or lease it on to anyone are reserved for me does not mean that I should do without it coming back to this House—which is a good that. It is getting the cart before the horse. One should thing, I think. What I will say, though, is that the 1995 take advice, especially if the decision involves one of SDO removed 20 to 30 protected acres from protec- significant impact. One should take significant tion and allowed the group to develop on them. This, if amounts of advice, one would say. you will remember, is when the hotel was not doing . . Tucker’s Point—now, Tucker’s Point, Mr. . the existing hotel, which we all know that historic Speaker, and this touches on— building that stood there for many, many years was a landmark, really. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, point of order. [Inaudible interjection]

House of Assembly Official Hansard Report 18 May 2012 2091

Mr. Charles F. B. Swan: That is right, the Castle. tion of a golf club and the continuation of develop- They have been able to get the Marriott Hotel Group ment, which is where we saw those pictures of the to agree to run a hotel there, if the investment was houses around Shell Point and fractional units, Mr. made in the hotel. This was all done through an SDO. Speaker. Okay? Fractional units. Now, this company (I will call it “this company” Now we are in 2001. I am not sure if the party because it could be any company) obviously did its that I am a member of . . . Well, we were not in a re- projections on what investment was required, and also cession then. We were actually booming then, Mr. did projections on what the return to . . . They were Speaker. doing it for Bermuda. I am sure they, you know, Minis- ters at the time . . . We are at 1995, and this was un- [Inaudible interjection] der a previous administration. The $65 million invest- ment in a hotel, with the established operator, Mar- Mr. Charles F. B. Swan: [Addressing the interjection] riott, we were told then that it would generate some- No, we were not. No, we were not. thing like $13 million annually into Bermuda’s econo- But that is okay, because this country was in a my. Well, Mr. Speaker, we all know none of these pro- boom situation. I believe that at that time, Mr. Speak- jections held. Marriott eventually left in 1999. er, the developers—I do not want to say “promised”— But what I want to point out here is that when but their projections talked about a $288 million in- we have these major developments and we have vestment. Okay? It is all in this report. I am on page companies approaching our Government or develop- 45. ers approaching our Government, providing and giv- ing the Minister, the Cabinet (whomever) figures like [Inaudible interjection] this, do you think (and I certainly do) it is incumbent on us to make sure that we do our own figures? That Mr. Charles F. B. Swan: Yes . . . Ah, this is what . . . is the thing I wanted to point out about this, Mr. This . . . “would contribute $288 million to Bermuda’s Speaker. Too often, this is what happens. You are economy over the next 10 years, ($5.6 million annual getting told the information from the person who wants revenue plus a capital investment of $75 million with a to do the development, and we believe. And we do not 2.2 multiplier effect).” do due diligence. That is what the developers told our Govern- We do not do due diligence! ment in 2001, Mr. Speaker. Bermuda is in a boom right now—(during that period). But the SDO was An Hon. Member: You do not do due? granted. We all know now that, for whatever reasons, that has not worked out. Mr. Charles F. B. Swan: That is right. That is what So, Mr. Speaker, we are ahead now to 2011, you can call it. and the same developer came back to this Govern- ment for more land to be released from protection. [Inaudible interjections] And we did it. We did it. And we did it the same way we had done it the last two times. Mr. Charles F. B. Swan: That is what you end up in! Somewhere, things are broken, Mr. Speaker. Deep doo-doo. (And I said it. Sorry.) Okay? I just wanted to point that out. Not only that, But I want to make that point, Mr. Speaker, Mr. Speaker, but we have seen in this country over because this is an example here of a developer who the last few years significant amounts of our land led the Government . . . This is not the first instance, handed over to developers. I am thinking of down in either. It happened again—20 or 30 acres were re- St. George’s, the golf course down there that is sitting leased from protection so that the Marriott could be inactive—all sorts of development promised. We are built. Those projections that were provided by the de- starting to hear some news now about the St. Regis veloper did not work out. Instead of $65 million, it cost here in Hamilton. We have a vacant site sitting off of $130 million. As far as the $13 million generated into South Shore where the Sonesta formerly stood, Mr. Bermuda’s economy, who could tell you if that was Speaker. Okay? It is up in my area. true or not? I wonder who could tell you if that was What I am saying, Mr. Speaker, is that some- true or not? That would be something that our Gov- where along the line we have to grasp the bull by the ernment should be able to tell us. horns and be responsible for our own destiny a lot In 2001, Mr. Speaker, for this particular place, more when it comes to dealing with these things. I there were two SDOs in 2001. really, really think we do. I am just going to end here, Mr. Speaker, and [Inaudible interjection] open it up for debate. I congratulated the Government for establishing the office of the Ombudsman. But you Mr. Charles F. B. Swan: This is still at Tucker’s Point. know what, Mr. Speaker? I want to congratulate the Yes, anyway, an additional two acres are reduced, Ombudsman for putting together this report. I happen and now we are talking about allowing the construc- to know that a lot of effort was expended there on the House of Assembly 2092 18 May 2012 Official Hansard Report

information gathering, double-checking statutes, prec- edents in law, to basically back up every statement Mr. Charles F. B. Swan: Yes, that is right. That land that the Ombudsman made. So I commend them for was taken away. that, and I encourage them in their work. The Om- budsman has to work without fear of anything, without An Hon. Member: From who? any fear of anything from anyone, Mr. Speaker. I en- courage that. I would like to be held accountable by An Hon. Member: Us. an ombudsman; I would. Now, I have to agree, the current Minister, Mr. [Inaudible interjections] Speaker, I have to admit he has probably inherited some of these things. Yes, he inherited some of these Mr. Charles F. B. Swan: At that time. I am not afraid things, some of the rules—rules that have sometimes to say it at all. not operated to the benefit or betterment of this coun- Mr. Speaker, what I do not understand is that try. I will say this, Mr. Speaker, that, yes, Bermuda one might say the same thing is happening again. But does need to get back to work, and we do need to we are a mixture. Our future generations, Mr. Speak- encourage and enhance new business and new prod- er, will not have the benefit, or may not have the ucts to our Island, and perhaps diversify our economy. benefit, of that land at all. We had land that is zoned . We have to. We have to. . . Like I mentioned, Sonesta, it is sitting there derelict. It is difficult when you are talking about a People, our people— country. When you are a company, it is probably a little easier. You can find another sort of allied product [Inaudible interjections] line and market that, or a new service to offer and that type of thing. And you can usually do it fairly quickly. Mr. Charles F. B. Swan: But anyway, Mr. Speaker, With a country, with the limited resources we have when the bases left and we got access to Clearwater here, things will not happen as quickly. You know, you Beach, there was a lot of happiness about that. We are dependent on industries that are not necessarily need to be truly diligent about what happens with our readily marketable all the time. land, to whom it is given, how and for how long, Mr. Speaker. [Inaudible interjection] So I encourage the new Minister. I happen to believe that maybe, just maybe, the new Minister is Mr. Charles F. B. Swan: Yes, and you have to bear the Minister of the Environment the country might in mind future generations. Well, I am going to get to need. I know he has a background, comes from a that. family at the Western End, having a background in We have international business and we have farming and fishing. Now, I am one of those people, tourism. We have already talked about the mix there, Mr. Speaker, I am a businessperson. But when you Mr. Speaker. We have got to boost our tourism prod- are the Minister of the Environment, you do not nec- uct. But, Mr. Speaker, it need not be at the expense of essarily have to think like a businessperson, but you the last remaining empty pieces of land that we have. do. But I would hope that he takes the opportunity to I take a little bit of umbrage, Mr. Speaker—and I know address . . . The Minister had to respond by the first of it is done now—but I do not understand how on earth May, and I know he has. We do not know what those that a business model that operated from 1995 and responses have [been]. But in this report, there are failed and then came back to the Government in 2001, some recommendations. I think they are on pages 69 twice, and then failed . . . Something is not right there, and 70. I happen to . . . I hope that this Minister takes to me. I do not know. I think some hard questions these recommendations on board. needed to be asked at that time, which were not asked. An Hon. Member: You agree with the recommenda- tions? [Inaudible interjections and crosstalk] Mr. Charles F. B. Swan: I also hope, Mr. Speaker, Mr. Charles F. B. Swan: No. We cannot get the land that this Minister . . . not only this Minister, but all Min- back. Once it is gone, it is gone. That is the point. isters, all of us here, if we go away and we sign com- That is the point. mitments, that we have the intentions of abiding by You know, I want to bring up one thing about them. Do not waste my money or any taxpayer’s that land, Mr. Speaker. This Government would have money to do things because it looks good, Mr. Speak- made some issues with it because much of that land er. It is a waste of time completely. down there was owned by blacks, Mr. Speaker, okay, much of it. And there is a graveyard down there. [Inaudible interjections]

An Hon. Member: It was taken away from us. House of Assembly Official Hansard Report 18 May 2012 2093

Mr. Charles F. B. Swan: Stay focused. Yes. That is Environmental Charter, these principles were set for what I said. Like I said, I encourage all in authority to each respective Overseas Territory to adopt according do the right things and for the right reasons, Mr. to the benefit of that particular jurisdiction. In other Speaker. Not only to be seen to be doing the right words, if it is to become legally binding, if these high, thing, but to follow this by doing the right thing. Let lofty principles that we as human beings aspire to- your aspirations lead to action, Mr. Speaker. Thank wards are to become binding, if it is to become a you. commitment, as the Honourable Member, Mr. Swan, just said, then we have to pass legislation in this Hon- The Speaker: Thank you, Mr. Swan, the Honourable ourable House to that effect. Until then, Mr. Speaker, Member from Southampton West Central. it is merely aspirational. Any further speakers? So within a charter you might have 10, 12, 15 No further speakers? principles. But within our collective wisdom, we would I recognise the Honourable Member, Minister say, Well, that is a principle that we can apply in this M. Bean. Minister M. Bean, from Warwick South Cen- manner in our country. But what we do here is not tral, you have the floor. what you can apply in the Falkland Islands or Saint Helena or the British Virgin Islands. Because that is Hon. Marc A. R. Bean: Good evening, Mr. Speaker, the whole purpose of principles when found in the and good evening, honourable colleagues. realm of international law. Each country has a respon- It would not be respectful to not get up and sibility to adapt it according to their well-being. Mr. give some response to the Motion of the Honourable Speaker, so clearly, because no legislation has been Member, Mr. Swan. While he spoke for at least 45 passed in this Honourable House, we did not act un- minutes to an hour, I will be very brief. Because when lawfully. I have said it before, and I say it again with- it comes to this issue of a special development order out apology. It is not that something unethical hap- and as it relates to the Ombudsman’s report in Febru- pened, but it was not unlawful. No! We did not act un- ary, it really comes down to certain issues, certain lawful. We acted within the law. facts. As a Government, in our response, we present- As such, there was also, from our position, no ed our position based on the facts. findings, no evidence of maladministration, because Mr. Speaker, the Honourable Member spoke the civil servants—and that is who Madam Ombuds- of the ability for us as a country to enter or be signato- man can investigate, their actions and their process- ries to charters, TIEAs, to bilateral and multilateral es—they actually offered advice to our Government, agreements, and questioned really our desire or intent Mr. Speaker. But as Ministers, as a Cabinet, we have or honour in following those agreements, as if, Mr. collective responsibility to take advice and ultimately Speaker, all those agreements which are contained make decisions. That is why we have been elected. within international law are binding. That is why the Premier has selected us to Cabinet. Mr. Speaker, in fact, in the Executive Sum- We made a decision. We took the advice, but we went mary Madam Ombudsman claimed in her report that another direction. our Honourable Government acted unlawfully. Unlaw- Mr. Speaker, I do not know if the public realis- fully! That is not a light word. It means that you have es it, but oftentimes we receive advice around the broken the law, Mr. Speaker! That is a serious, seri- Cabinet table. Oftentimes, as a collective Cabinet ous indictment on any government. group, we will actually, after the consultation with one Now, I do not question Madam Ombudsman’s another, take another approach. space to come to such findings, because she has the freedom to do just that. But as the Minister responsi- [Inaudible interjection] ble for this issue in terms of our Government, I had to take the position, after consultation with Government Hon. Marc A. R. Bean: Yes, because of course, you House and the Foreign and Commonwealth Office. are going to see it, because it is called leadership! It is We had to ask, Did we, in fact, Foreign and Com- called leadership. monwealth Office, act unlawfully? Is the UK Environ- The Honourable Member, Mr. Swan, said, mental Charter that we became signatories to binding Yes, we have seen that many a times. Absolutely, you upon us as a country? Mr. Speaker, the response was have! It is called leadership in governance. There is straightforward. The UK Environment Charter is aspi- order that permeates all the rules of this country. Our rational. Now, the Honourable Member actually men- Constitution—you know, the Order—sets out that or- tioned that earlier. But he dismissed it as having no der. As Ministers and as a Cabinet, we are the ulti- weight. It did really have no relevance. mate decision-makers. So we take advice. Often- But, Mr. Speaker, what is “aspirational”? times, we follow it. But then within our wisdom, be- When you have a charter—which is usually a docu- cause we look at the big picture, we take a different ment which signifies some type of relationship upon approach. There is nothing wrong with that, certainly international lines—usually charters contain objectives no maladministration or unlawful activity associated and, most importantly, principles. Now, with the UK with it, because if it was, then we might as well burn House of Assembly 2094 18 May 2012 Official Hansard Report

up the Constitutional Order right now—right now, Mr. have been a few live political grenades handed to me. Speaker. It has no relevance. We have no order, no But I have been supported by my team. I receive rule in this country. guidance and counsel from my team. That is the dif- Mr. Speaker, the Honourable Member also ference, I think, between our side and the other side. referred to a picture in the report by Madam Om- No conception of team over there. budsman, which had a picture of old Bermuda, as I will refer to it. [Inaudible interjection]

The Speaker: An aerial photograph. Hon. Marc A. R. Bean: Yeah, man! Fragmentation.

Hon. Marc A. R. Bean: An aerial photograph in the An Hon. Member: Well, you guys have it all going on. south, southeast of the country. Hon. Marc A. R. Bean: Well, we are not perfect. But The Speaker: Yes. one thing, harmony and unity are unmistakable. Oh, yes. We are not perfect. Hon. Marc A. R. Bean: He waxed lyrical. I am talking Mr. Speaker, special development orders are about the Honourable Member, Mr. Swan. He waxed usually brought forth to this Honourable House . . . lyrical. He got nostalgic. He said, Wow, Mr. Speaker. Well, since we passed the legislation, special devel- Just look at how much we have developed in this opment orders have been a mechanism when we as a country! It was like an issue of concern. But, Mr. country see a particular development as part of a stra- Speaker, since the eighteenth century men have gone tegic economic interest. Now, Mr. Speaker, I am sur- through a period called enlightenment, where creativi- prised that we have not had more SDOs come before ty and innovation have come to the forefront. this House over the last few months. I will be sur- prised if we do not have more SDOs being presented The Speaker: I thought you were going to say the in the future, because we are in an economically de- moon. pressed environment. If an SDO is meant to enhance our economy, because it is part of our strategic eco- Hon. Marc A. R. Bean: And part of that, Mr. Speaker, nomic interests, then we should expect more SDOs. has been an improvement of science, has been an We just should; because that is their purpose. improvement in health care. As a result, Mr. Speaker, So going forward, because in the recommen- you have longer life expectancy. You have population dations by Madam Ombudsman, one day we disa- growth. So it is natural! It is part and parcel with pro- greed with her findings, we disagreed with her investi- gress and civilisation, and evolving as the human gation, but, see, we are rational. We accept the truth. I race! So obviously, Mr. Speaker, the Bermuda of 1950 certainly stand up and say, We are right, we are right; is not going to look like the Bermuda of the year 2012. we are wrong, we are wrong. She gave recommenda- People are being born. There are more people being tions that, as a Government, it was incumbent upon born than people passing away. That is just the reali- us to take a greater look at what she was actually say- ty. ing. So, we could get nostalgic. Right? But we are Mr. Speaker, I could tell you, I can report to here to lead for tomorrow, not yesterday. Tomorrow! this Honourable House, I have already presented an So shall we then put a cap on all development so enhanced policy prescription as regards to special those of us who have brick and mortar, Mr. Speaker, development orders to our Cabinet, which had 20 can live out our own little selfish lives in our cubby- steps, which in fact, when you looked at it, kind of holes until we pass away, but the generations thereaf- made the SDO nonexistent. It would just destroy the ter do not have the opportunity to have the same food, whole conception of an SDO because it had so many clothing and shelter, the same development? Are we steps involved, inclusive of an environmental impact to tell our young ones not to have children because assessment. In fact, because there were so many we do not want to cut down a tree? steps, in our wisdom of in our collective responsibility, See, there is a philosophical basis of that line we said, No, Minister. You have to go back and re- of thinking which is anti-progress, Mr. Speaker. So it tweak that. Tweak it again, because actually what you leads me . . . He also, the Honourable Member, said I are presenting is contrary to the whole concept of an inherited this and whatnot, and I understand that. But SDO. We need a greater balance because the time look, Mr. Speaker, it is collective responsibility. So one can come in the future when we will need to expedite thing about this Minister, I find no problem in inheriting a development in this country. issues. Okay? I embrace the legacy of my party Lord knows when Minister Furbert comes to wholeheartedly. I take responsibility for the good and me and says, Minister, I have got some financiers, got the bad. the developers for this location “A” or location “B” or We are a team, Mr. Speaker. It has happened location “C.” Yes, we are ready to go! I am the Minis- several times over the last few months, that there ter of Planning. I tell him, Minister, are all your ducks House of Assembly Official Hansard Report 18 May 2012 2095

in a row? My Planning Department, this project, will You know why? Because in this case, in this receive the highest priority in this Planning Depart- regard pertaining to the SDO at Tucker’s Point, we ment, priority number one, whether it is an SDO or were standing in the right. For me, Mr. Speaker, as not. Why? Because we as a Government know it is an you will probably notice, when I know we are standing imperative to have a development going on in this in the right, when I know we have got truth behind us, country. I stand and I speak without apology, even if it hurts Yes, we will take into consideration birds, people’s feelings. One thing people of this country bees, limestone, trees, flowers and all your aspects of require and they request is honour and truth. They material creation that has no intrinsic value without the know when they hear this Minister and other Ministers mobilisation of man. In other words, a rock or sand speak they are getting honour and truth. What did the has no purpose unless man harnesses it. Oil has no Premier say? No cuckoo-land foolishness—cuckoo- purpose in the earth unless man harnesses it. So eve- land foolishness. No Harry Potter politics! No political rything materially created in this world is created for sorcery! That is what this is all about, Mr. Speaker. I man to harness. That is how we have material pro- do not expect any of my other colleagues on this side gress. to have to get up and speak to it. Because we did not In closing, I was asked a few weeks ago on a do anything wrong. In fact, everything that we are do- TV show, Mr. Speaker, about the balance of sustaina- ing in this regard was in the right. bility between the economy, the social and the envi- Mr. Speaker, I think I am just going to end ronment. My response was, Well, first it starts with the right there because really there is nothing else to say. environment, but from a natural resource perspective, But I am grateful for the Honourable Member bringing because the earth is the Lord’s and the fullness there- the Motion, nevertheless. of, and men were created to be the lords thereof. We have been given a rational mind. We have been given The Speaker: Thank you, Minister Bean, the Honour- an intellect to harness natural resources. It is through able Member from Warwick South Central. harnessing the natural resources that we improve our Any further speakers? standard of living, Mr. Speaker, which is, in essence, I now recognise the Honourable Member, Mr. one of the key purposes of living in this material life. H. Swan, from St. George’s West. Mr. Swan, you have the floor. [Inaudible interjection] Hon. Hubert (Kim) E. Swan: Thank you, Mr. Speak- Hon. Marc A. R. Bean: Absolutely! There is no sepa- er. ration between the spirit and the flesh. So once we Mr. Speaker, I would like to just follow on harness the environment, the earth, then we will have where the Honourable Minister that just took his seat, the economic stability to have a social consciousness, left off. I want to, first thank the Honourable Member, Mr. Speaker. Through that social consciousness and Mr. Swan, C. F. B. Swan, for feeling it not robbery to peace within, we will be able to appreciate the exter- bring this very important Motion before the House and nal environment. commend him for the amount of study that he has put But do not get it twisted! Do not come to me into this report, the numerous man-hours that he has talking about loving birds and bees and trees and spent meeting with persons, including the ombuds- flowers when you will walk right down Nelly’s Wharf man, to be able to stand here today and deliver a across a person who is begging for food. Which is comprehensive analysis of the report. more important? Which has intrinsic value? We, as But I want to address some fundamental is- human beings, or the natural environment? Let us not sues raised by the Honourable Member, the Honour- get it twisted. able Minister, Mr. Bean. The Minister for Environmen- I am a naturalist. I am not an environmentalist. tal Planning and Infrastructure Strategy—he is not the A naturalist means that I see things holistically, not Minister of Naturalists. If the Government wants to piecemeal, not selectively, not in a manner which only make a Naturalists Minister, they can very well go out protects my own self-interest. Our Government sees it and make one. that way also. So in the future, we will, if necessary, bring an SDO to this House again. If it means that we Hon. Marc A. R. Bean: Point of order, Mr. Speaker. can break ground and put our people back to work, you bet your bottom dollar it is going to get expedited The Speaker: I do not remember the Minister saying through Planning. If we have to have a repeat of this that. But anyhow . . . Minister, what is your point of process, where you have the Opposition weeping and order? moaning because . . . and gnashing their teeth, and riding on unjust claims of us acting unlawfully, then we POINT OF ORDER will have to go through it again. We will have to go [Misleading] through it again.

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Hon. Marc A. R. Bean: Mr. Speaker, I do not know a [Inaudible interjection] Ministry of Naturalism. I said that I am a naturalist. Mr. Speaker, he is misleading the House. Hon. Hubert (Kim) E. Swan: I will get to it. The ombudsman did a very comprehensive The Speaker: Yes, yes. report. The Government had to find some way—and I am sure with the help of good lawyers, they had to Hon. Marc A. R. Bean: Thank you. find a good angle to be able to say, I did not break the law. But let me say this, because when I look at this The Speaker: I uphold that. That is what he said, yes. charter, this environmental charter, this charter is what I want to focus on right now. It is on page 5 of the re- Hon. Hubert (Kim) E. Swan: It is not my intention to port. Let me go, as my good friend, who I learned a mislead the House. The Minister makes reference all great deal from, the former Member of this House, the time that he is not an environmentalist, he is a who schooled me very well, Mr. Burgess . . . go to the naturalist. I apologise if my intention to capture what end and work your way back. The end of this charter he repeatedly says gets misconstrued. is thus: Signed by no less than Jennifer Smith on the 26th of September 2001, Premier of Bermuda at the The Speaker: Well, you will not get into trouble if you time—the Premier of this country! come right to the Motion. The Speaker: And the Honourable Member. Hon. Hubert (Kim) E. Swan: I am coming to the Mo- tion. Hon. Hubert (Kim) E. Swan: The Honourable Mem- ber, indeed she is, felt it necessary to send the state- The Speaker: Come right to the Motion. ment to this country, to the world, that Bermuda takes the environment so seriously! She was not even—the Hon. Hubert (Kim) E. Swan: The Motion is directed Honourable Member was not even the Minister of the at the Minister for the Environment and Planning and Environment. She was the Leader of the entire Gov- Infrastructure Strategy. The whole purpose, in my ernment, and signed the charter. So, no, maybe it did country mind—we are all country boys. It just so hap- not come to this House. But the people of this country, pens that the last three speakers are all products of especially those who work in the environment, like Dalton Tucker— people that work at the Bermuda Aquarium and zoo- logical, persons like those at BIOS [Bermuda Institute The Speaker: Well, I am going to . . . Mr. Swan, I will of Ocean Sciences], and the scientists that come to put the recorder on if you go down like that. this Bermuda, who come to our country and study our environment, that tell us that what is happening on Hon. Hubert (Kim) E. Swan: Mr. Speaker— this land is impacting what is taking place in the seas. I know the Honourable Member appreciates the ocean The Speaker: Nobody is going to understand. and appreciates the land, because like me, he is the product of fishermen and farmers as well. Hon. Hubert (Kim) E. Swan: We need a Minister that is going to protect the environment as well as come Hon. Marc A. R. Bean: We are naturalists, right, Kim? to this Honourable House and say, I make no apolo- gies for bulldozing through (and I am paraphrasing) an Hon. Hubert (Kim) E. Swan: Fishermen and farmers SDO, if necessary. Because what we need from a as well. Both of us are the offspring of fishermen and Minister is the assurance that balance will rule the farmers. And we do not . . . As a naturalist, as he puts day. it, he does not want to be consuming fish or vegeta- But how can anyone out there . . . And let me bles that can harm his very being! I know he does not say this: Without trees, without the environment, those want that. A naturalist would not want to go grab a of us left on this planet will have nothing—will have carrot and bite into that carrot and know that it is toxic! nothing to inherit or pass on to our future generations. He does not want to go out there in hind ground dur- It is incumbent upon the Minister of Infrastructure ing the season and catch a nice grouper and be able Strategy to be sufficiently concerned about the envi- to go and fry it and then someone says it is infected ronment that he and the strategists of the Government with mercury! He can only ensure that if, as the Minis- ensure that the environment will be protected for fu- ter of Environment who protects the environment first, ture generations. [he] does not split hairs about technicalities to get the Why else would a government enter into a Government off the hook! charter in the first place? I take the point that the Gov- Mr. Speaker, but let me concentrate on the ernment was forced to make decisions, Mr. Speaker. I charter itself. The charter that the PLP Government take the point. signed that it . . . You know what? Its actions did not jive with what it espoused. That is the problem. House of Assembly Official Hansard Report 18 May 2012 2097

Whether the Minister wants to say that I did not act But let me get to the charter that the Minister illegally, he certainly acted irresponsibly in accordance has got a problem defending. There are only 10 with the charter that his Premier, former Premier and points. Number one, to recognise that all people— most senior Member, signed. The Speaker: Well, your colleague enunciated those. Hon. Marc A. R. Bean: Point of order. Mr. Speaker, You do not need to enunciate the whole. point of order. Hon. Hubert (Kim) E. Swan: Well, I will just pick out The Speaker: Point of order. Minister Bean has a the important ones. point of order. The Speaker: Yes, yes. Do that. POINT OF ORDER [Misleading] Hon. Hubert (Kim) E. Swan: To recognise that all people need a healthy environment for their well-being Hon. Marc A. R. Bean: The Honourable Member is and livelihoods, and that all can help to conserve and misleading the House. How on earth could we be act- sustain it. Well, well, well. You mean to tell me, Mr. ing irresponsibly if the document is not binding? Re- Speaker, what this is saying is that when the Honour- sponsibility comes with obligations. able Minister for Works gets up and speaks about the need for us to conserve water, because water is a The Speaker: Yes. Thank you, Minister Bean. precious commodity that we all need to live and sur- Carry on, Mr. Swan. vive, I would hope that the Minister of Works and En- gineering can depend on the Minister of Environment Hon. Hubert (Kim) E. Swan: Well, it is simple. I will and Infrastructure Strategy to ensure that policies are explain it to him. If my former Premier and former in place, that the two can work in tandem. That when Leader and current Cabinet colleague felt it necessary people talk about joined-up Government when it suits to get with Valerie Amos of the United Kingdom on the them, but do not practise joined-up Government when 26th of September and sign the charter, with your the country needs that type of leadership—that is the permission, Mr. Speaker, let me just say . . . I mean, problem we have got. this charter . . . the one thing, I think if Dame Lois Browne-Evans was still alive, she would say, At least Hon. Glenn A. Blakeney: Point of order. Point of or- this charter is in language that the average person der. can understand! The charter is simple. Even a country boy The Speaker: There is a point of order. Take your from White Hill, like me, can understand it. seat! Take your seat, Mr. Swan! Minister Blakeney, what is your point of order? Hon. Marc A. R. Bean: She would tell you that is not binding too. Trust me. POINT OF ORDER [Misleading] Hon. Hubert (Kim) E. Swan: I will get to binding. I will get to binding. Because if it is going to take . . .if it is Hon. Glenn A. Blakeney: He is misleading the House going to . . . That is the problem we have! That is the by inference. He is misleading the House by infer- problem we have! Because the person that needs to ence. There is a litany of responsible environmental be in Cabinet representing my interests as a person commitments that this Government has made, not the that loves the environment and would like for future least of which is the protection of the Sargasso Sea— generations to have an open space, I would like to not the least of which. So, he goes on these tangents think that I had a Minister of Environment and Infra- to try and make a point that is contrary to the actual structure Strategy that is in there protecting the inter- manifestation of the kind of environmental commit- ests of the environmentalists! ment that this Government has had in its tenure.

Hon. Marc A. R. Bean: According to the law! The Speaker: Thank you, Minister Blakeney. Carry on, Mr. Swan. Do not get too excited Hon. Hubert (Kim) E. Swan: According to the law for now. open space and the need for it and the importance of it for the ecosystem! For the scientific value of it! Why Hon. Hubert (Kim) E. Swan: I mean, you know, Mr. else would Bermuda be such an important place for Speaker, I do not expect that we are going to have a . persons to come and study and to spend millions of . . We do not seem to have an awful lot of people dollars doing so? queued up at this particular time. But let me say this, Mr. Speaker, because the Honourable Member, Mr. Swan, and also the Honourable Member, the Minister, House of Assembly 2098 18 May 2012 Official Hansard Report

alluded to the aerial photo and made no apologies for 1995, I believe, my good friend, the late Jimmy Wil- the fact that Bermuda, when you approach it from the liams, then the Shadow Minister for the Environment, sky, is just dotted with concrete and because of the an environmental lover of the environment, I will say— significance of our route, that is the first thing—that is I know that—was in talks (being a Member of Parlia- the first thing that visitors see on their approach. ment) for St. George’s North, which included this very area that has been changed significantly for genera- [Inaudible interjection] tions to come, were part and parcel of the move to get this SDO approved, Mr. Speaker. Hon. Hubert (Kim) E. Swan: Well, yes. We would So, I am sure that the spirit of this charter was hope that 2,000 more—200,000 more will come by air not meant for it to be enshrined in law in that it was . . to better help our economy. But you are right. They do . There are some things in life that you would say that not see it that well because you have got them all they are a given. I can put hand over heart and say coming by the sea, and they do not spend as much; that I know—I know that those coming behind me in that is another argument. Ministerial positions will ensure to safeguard and re- But, Mr. Speaker, please note some of the store nature’s species, habitats and landscape fea- important photos that the Ombudsman did capture of tures, and control or eradicate invasive species. That great historical significance—and I will touch on them was just a given. I am sure no one expected that they ever so briefly. Well, I declare my interest. I repre- would have to make it law to encourage activities and sented the Bermuda Properties Group internationally technologies that benefit the environment. I am sure, and locally as a professional golfer in Europe, and I Mr. Speaker, that people did not think that they would have a great love . . . If it is anywhere that one said, have to enshrine in law for Ministers to do all they can Where would you like to put your heart?, Castle Har- to control pollution, with the polluter paying for the bour is a place you could drop me—15 at Castle Har- prevention or remedies. That is why we call on the bour is one of my proudest places. I applaud the fact Government to ensure that we have environmental that, because of what historians have made us more impact studies beforehand. To ensure that things like aware of, that the area of the graveyard in this photo this do not happen in Town Cut, for instance, or any looks a lot better than it looked in the 1980s when I other area in our community. was representing the club. It was just overgrown, and As a consequence, the Government should that is a positive occurrence, going forward. also be thanking the ombudsman for doing what they But the Honourable Member, Mr. C. F. Swan, should have done—its due diligence! Shame on the also mentioned the Shell Point area. You know, when Government for not doing it! I am sad that the Gov- you look at not only the environmental significance of ernment felt that it has to . . . I appreciate that the this area, the caves that were of great concern, the Government has to “COA.” We understand that. It had amount of wildlife that is being impacted by the devel- to cover its bases. But certainly, Mr. Speaker, there is opment that is taking place, the aesthetic beauty that a responsibility of the Minister of the Environment, the Castle Harbour and the Shell Point area possess there is a responsibility of those in leadership to pro- is one of the most photographed areas in this country. tect the environment for future generations. It is not There where the Tucker’s Point Club is, where the good enough that we should have to endure the fact number one tee used to be, which is now the 17th tee. that the persons that we put there to be the gatekeep- Taxi drivers still go there to show their visitors. Next to ers, before a person could even approach them to the lighthouse, that area was probably the most pho- expect them to be objective, they are telling them, I tographed area when we had the big Castle Ball make no apologies because I am going to do that an- there, where people would come and take a picture. yway. That is wrong. That is wrong! I have many pictures. I have fond memories, I would encourage the Honourable Member, and I have been in one or two of those pictures that whom I am very fond of and whom I have great re- you could look down and all you saw was the beautiful spect for, to review the thinking that causes him to coastline, the lovely golf course and the green scen- repeatedly take that line of attack. Because it does not ery, replaced by house after house after house after serve our country well! house after house. You cannot claw that back. Some would say it is progress. But we have got to manage Hon. Marc A. R. Bean: What line is that, Kim? this environment. We have got to manage how we use up the very limited open space that we have. I believe Hon. Hubert (Kim) E. Swan: The line that makes no that was the significance. apologies as being the Minister of Environment and I believe that was the spirit in which the Hon- Infrastructure Strategy, that if an SDO, or giving us the ourable (now) Dame Jennifer Smith signed that char- impression that if an SDO comes and that if it is— ter. I know that there is some significance. The Hon- ourable Member, Mr. C. F. Swan, in his presentation, [Inaudible interjection] touched on the historical background dating back to 1995. PLP historians would be well aware that in House of Assembly Official Hansard Report 18 May 2012 2099

Hon. Hubert (Kim) E. Swan: The highest priority, Mr. Speaker, I have read this report. I am just yes. But sometimes, Mr. Speaker— going to stick to the environmental impact studies.

The Speaker: Well, but the inference is that the Hon- An Hon. Member: Not the law? ourable Minister said they operated within the laws promulgated by this Chamber— Mr. Nelson H. Cole Simons: Not the law; the envi- ronmental impact studies and the need for environ- Hon. Marc A. R. Bean: Thank you, Mr. Speaker. mental impact studies. Mr. Speaker, as the report says, the environ- The Speaker: —notwithstanding that there was a mental impact study basically prescribes and gives a charter out there that they were not obligated to fol- direction and blueprint on how a development should low. proceed if it impacts sensitive areas of our country, if it is of national importance and if it has a dramatic im- Hon. Hubert (Kim) E. Swan: Yes, yes, Mr. Speaker. pact on our environment. Mr. Speaker, we have heard a lot about these The Speaker: I think in fairness, you probably SDOs. I understand that a lot of discussion occurred should— when we had the SDO for Tucker’s Point. I believe that we would not be here today if the Government Hon. Hubert (Kim) E. Swan: I guess, Mr. Speaker, I presented their reasoning on why they did not present guess, if I accept that logic, then why are we spending an environmental impact study. To this date, they the money to go away and spend the money to sign a have not presented why they had not made an envi- charter and come back and have Ministerial State- ronmental impact study for a presentation of this ments and go away to all these conferences, and tell magnitude, or a development of this magnitude, Mr. everybody how important they are, and convince the Speaker. public how much it is going to benefit them, if we are Mr. Speaker, I am saying if we are truly, truly not going to apply them in our daily application? That committed to good governance, then we could have is the tragedy of this country! followed other countries’ lead and guiding principles Thank you, Mr. Speaker. that would impact us and provide true leadership when it comes to proper governance. Mr. Speaker, The Speaker: Thank you, Mr. Swan, the Honourable the Minister of the Environment knows, even though Member from St. George’s West. we may not have the legislative instrument . . . but Any further speakers? No further speakers? [just] because we do not have the legislative instru- I now recognise the Honourable Member, Mr. ment, it does not preclude us from adhering to best N. Simons. environmental practises. That is all I am saying, Mr. Mr. N. Simons, from Smith’s South, has the Speaker. floor. I understand there were legalities. I accept there were legal issues that needed to be addressed. Mr. Nelson H. Cole Simons: Thank you, Mr. Speak- But at the end of the day, if a development is of na- er. tional importance and will have a profound impact on Mr. Speaker, a lot has been said here this the development of our protected areas and the use of evening. But today’s issue is the Ombudsman’s report our lands, then surely impact studies will be a guiding for “Bermuda’s Systemic Investigation into the Pro- force to this development. Mr. Speaker, it will protect cess and Scope of Analysis for the Special Develop- the Government, and it will protect the developers, ment Orders.” A large portion of her presentation is and it will also ensure that there is transparency and about the need to have an environmental impact study that the Minister will not be blocked in a corner where done for all SDOs. he has to defend the indefensible. Mr. Speaker, what became evident when I Mr. Speaker, now let me go over a few of the read the report and what became very clear when I international charters. Basically, I say, they are not read the report is that when it comes to the environ- laws. But these are guiding principles— ment, this Government is very, very good in regards to environmental slogans. But as far as their commit- An Hon. Member: Aspirations. ment to good governance when it comes to the envi- ronment, that remains to be questioned. But I have Mr. Nelson H. Cole Simons: —or aspirations. You been Shadow Minister of the Environment for a num- know, as the Minister for the Environment, I want to ber of years, and I have seen things come and go. know that I am performing at a level that exudes best There is no substantive commitment to good govern- practices. I will not have to re-invent the wheel to ance of our environment. They are very relaxed to know that Bermuda is operating at an international good governance, but have a strong mandate of talk- standard. There have been precedents; there have ing about environmental slogans, Mr. Speaker. been international conventions. House of Assembly 2100 18 May 2012 Official Hansard Report

I will share with this Chamber and the people and I think he said (correct me if I am wrong), he is a of Bermuda some of the conventions that speak spe- man of the spirit, the environmental spirit, and I sup- cifically to the need of environmental impact studies. I port him 100 per cent. This Minister, if he is a man of have heard a lot this evening about the environmental the spirit, then I suggest that he share the spirit with charter. This charter says the Government of Bermu- the rest of this Government, because that is what we da will, “Ensure the protection and restoration of key need, somebody that is really connected to our envi- habitats, species and landscape features through leg- ronment and committed to the spirit of life, the spirit of islation and appropriate management structures and our natural resources. And because of our naturalist mechanisms, including a protected areas policy, and leanings—our naturalist leanings—then let us be hon- attempt the control and eradication of invasive spe- est with our naturalist meanings, Mr. Speaker. Mr. cies.” This Government will also, “Ensure that envi- Speaker, I support that endeavour, and if we are seri- ronmental impact assessments are undertaken before ous about being in tune with nature, as the Minister approving major projects and while developing our professes to be, then there is no reason why he growth management strategy.” should settle for second best and deal with environ- This is what the Government of Bermuda mental slogans versus environmental principles. committed to do under the environmental charter with Mr. Speaker, the other issue that I would like Great Britain. The Minister says it is an aspiration. But to raise is, again, there are plenty of precedents from what I read here, the commitment made by Govern- a common law point of view. Again, this is summa- ment is that they will ensure that environmental impact rised in the report. As we know, there is no reason to assessments are undertaken before approving major re-invent the wheel. History will tell us how to move projects and while developing our growth manage- forward efficiently, correctly and in a sustainable fash- ment strategy. So that is our commitment. ion that will ensure that the country benefits from any Now, if we are going to also learn from inter- development in a sustainable fashion, as long as national standards and if we want to abide by interna- there is a balance, a fine balance, between the envi- tional best practices when it comes to environmental ronment that is sustainable and development. But development and environmental protection, we go to what I am saying is, this Government is not doing the the Rio convention, Rio Declaration on Environment groundwork to really make a sound assessment—a and Development. Principle 17 says (and I quote, Mr. sound assessment on balancing the environment and Speaker, if you will allow me): “Environmental impact our commercial needs. We are leaning towards com- assessment, as a national instrument, shall be under- mercial expediency and not looking for the long-term taken for proposed activities that are likely to have a environmental protection of our most valued resource. significant adverse impact on the environment and are subject to a decision of a competent national authori- Hon. Glenn A. Blakeney: Point of order. ty.” Again, Mr. Speaker, if we were serious about The Speaker: There is a point of order. good environmental governance, tell me why we could Take your seat, Mr. Simons. not adhere to these standards. The Minister of Fi- Minister Blakeney has a point of order. nance and our Premier, she travels the world talking about Bermuda as an international financial centre. POINT OF ORDER We have signed these TIEAs so that we can be on the [Misleading] White list for the OECD [Organisation for Economic Co-operation and Development], because we want to Hon. Glenn A. Blakeney: He continues to mislead be a premier financial service jurisdiction. We have the country in stating that we do not have the interests the same instruments available to us for the environ- of the environment at heart. We are protecting the ment. We want to be in the top percentile of countries Cahow, the Sphinx, and we can go down a litany of when it comes to managing our scarce natural re- environmental protection policies that we have imple- sources. We want to be at the top of the chain when it mented through legislative process and policy pro- comes to environmental matters. We have a small cess. country, limited resources, and we have a managea- ble-sized country. It is not that we have the scale of The Speaker: Thank you, Minister. We uphold that Canada. There is no ungodly reason why we cannot point of order. get it right in this country. It is through taking shortcuts and expediencies for commercial gain that we are Mr. Nelson H. Cole Simons: Mr. Speaker, as I said in compromising our environment, Mr. Speaker. my opening remarks, I am speaking directly to envi- Mr. Speaker, we can sit here and go back- ronmental assessments and environmental impact wards and forwards about the legalities. But what studies. I am not talking generally about what the Min- about honest, principled decisions about the environ- ister is talking about. We are talking about environ- ment? Let us look at what we have as far as natural mental impact studies. resources. I heard the Minister speak on television, House of Assembly Official Hansard Report 18 May 2012 2101

Again, Mr. Speaker, let me remind you, the In- Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I would ternational Association for Impact Assessment define like to move that Standing Order 21 be suspended to EIA as the process of identifying, predicting, evaluat- enable me to move that the Bill entitled the Insurance ing and mitigating via physical, social and other rele- Amendment Act 2012 be now read a third time. vant effects of development proposals prior to making decisions taken as commitments made, Mr. Speaker. The Speaker: Any objection to the suspension of that Standing Order 21? [Inaudible interjections] Agreed to.

Mr. Nelson H. Cole Simons: Mr. Speaker, again, we [Gavel] cannot trash the ombudsman. You cannot shoot the messenger, Mr. Speaker. Because at the end of the [Motion carried: Standing Order 21 suspended.] day, if we stick to the guiding principles prescribed by international organisations, the guiding principles pre- THIRD READING scribed by common law and previous cases that have occurred in this country and overseas, there is no rea- INSURANCE AMENDMENT ACT 2012 son why this country cannot present SDOs without first presenting environmental impact studies that will Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I move show whether a project is worthy of moving forward— that the Bill entitled the Insurance Amendment Act with the blessing of the people of this country, with the 2012 be now read the third time by its title and blessing of the developers, with the blessing of the passed. Ministry of the Planning, and at the end of the day, with the blessing of this House—now that all SDOs The Speaker: Any objection? come forward for approval. Agreed to. Mr. Speaker, I believe . . . and I will give you credit for bringing the SDOs to this House. But I would [Gavel] also make a caveat that no SDO should come to this House without an accompanying environmental as- [Motion carried: The Insurance Amendment Act 2012 sessment report. Thank you, Mr. Speaker. was read a third time and passed.]

The Speaker: The Minister, when he had an oppor- The Speaker: Mr. Deputy Premier? tunity to reply, gave an indication that that is exactly what is going to happen. ADJOURNMENT [Inaudible interjections]

Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I move The Speaker: Carry on, Mr. Simons. The Minister that the House now adjourn. indicated that. Are you finished, Mr. Simons? All right. Thank you, Mr. Simons. The Speaker: Is there any objection to that motion? Any further speakers? Agreed to. No further speakers. [Gavel] [Gavel]

The Speaker: The Honourable Member, Mr. Swan, is The Speaker: The debate is concluded. The debate is on his feet. concluded on the Take Note Motion on “Today’s Mr. Swan? Choices: Tomorrow’s Costs: The Ombudsman for Bermuda’s Systemic Investigation into the Process NEWS REPORTS INVOLVING THE HONOURABLE and Scope of Analysis for Special Development Or- MEMBER, MR. DE SILVA ders.”

Hon. Hubert (Kim) E. Swan: Mr. Speaker, I rise at [Inaudible interjections and crosstalk] this point because I am surprised that in the age of Ministerial Statements and Personal Explanations that The Speaker: It is concluded. I do not want to hear a we have not heard either a Ministerial Statement or a thing! Personal Explanation today to set the record straight Mr. Deputy Premier, there are no further mat- or to give the public a little reassurance about where ters before the House. matters might stand. I was not expecting to hear a great deal more than the reassurance by a Govern- SUSPENSION OF STANDING ORDER 21 ment Minister who was featured in no less than two

House of Assembly 2102 18 May 2012 Official Hansard Report news reports, one newspaper article and Parliamen- points of order that we get repeatedly when we are off tary Questions all within four days this week. base in this House, and it was not forthcoming today. The reason why I expected to hear a Ministe- If the Member was off-Island (which I believe rial Statement or a Personal Explanation on the situa- the Honourable Member was here), that is one reason tion, Mr. Speaker, is because whenever the Minister— why I feel that at least if not today, but by next week this matter should be addressed in this House to give The Speaker: Well, why do you not tell us what situa- some assurances to this House that the concerns that tion? have gone to the Auditor General are unfounded, at least, Mr. Speaker. Hon. Hubert (Kim) E. Swan: The situation involves, Why would it be a concern? Mr. Speaker, news reports that arose out of Parlia- mentary Questions asked in another place by a Mem- Hon. Derrick V. Burgess, Sr.: Point of order, Mr. ber of the Opposition with regard to a situation be- Speaker. tween Bermuda Composite Construction and work that was done for the Bermuda Housing Corporation The Speaker: What is the point of order? involving a private company in which a Government Take your seat, Mr. Swan. Minister now (before he was a Government Minister, Minister Burgess, the Deputy Premier. but subsequently became a Government Minister) was involved. POINT OF ORDER

The Speaker: Well, if it was raised in another place, Hon. Derrick V. Burgess, Sr.: Mr. Speaker, at that we should not be debating it here. time . . . because I wondered what the rules are, right? Hon. Hubert (Kim) E. Swan: It is a legislative matter, Mr. Speaker. It is a matter of public record. The Speaker: We cannot have that debate here.

The Speaker: Try to convince me. Hon. Derrick V. Burgess, Sr.: Right. Exactly.

[Laughter and crosstalk] The Speaker: What happened somewhere else.

Hon. Hubert (Kim) E. Swan: Mr. Speaker, it is of Hon. Derrick V. Burgess, Sr.: Exactly. Other than . . . grave concern, the news reports that we have heard Plus with that, this is something that happened down . this week involving the Honourable Member, Mr. De . . probably it was 2000, during another Parliamentary Silva, from Southampton East Central. I am not in- period. Minister De Silva was not even a Member of tending to get into too much specifics at this particular Parliament then. How far do we go back? Do we go time. But I am speaking on the Motion to Adjourn on back to 1972, asking Parliamentary Questions? this matter— [Inaudible interjection] The Speaker: But you cannot! You cannot be any more specific than you are if it happened in another Hon. Derrick V. Burgess, Sr.: Mr. Speaker, that can- place. not be discussed here. I think you made the ruling. Carry on. I just want to see where you are go- You made the inference that you cannot do it here. ing to lead. The Speaker: Thank you, Mr. Deputy Premier. Hon. Hubert (Kim) E. Swan: Yes, Mr. Speaker. He can ask the question, but he cannot get into any specifics. I am not going to allow it. The Speaker: We are not going to have this. Yes, Mr. Swan.

Hon. Hubert (Kim) E. Swan: Mr. Speaker, but the [Inaudible interjections] news articles and the electronic reports on ZBM were not in another place. They were for all and sundry to Hon. Hubert (Kim) E. Swan: Mr. Speaker, and if see in our country, and [are] of great concern to me as there are questions that need to be asked, bring them one who, every week when we come here, faces east, on! I would like to hear them. and we listen to the prayers, the oath . . . We swore As it pertains to matters that involve the gov- an oath to uphold the integrity and represent. What I ernance of this country, the taxes of this country, the had hoped today, Mr. Speaker, was that at least an taxes that this country should have or does not have, explanation by that Member, at least a Parliamentary Mr. Speaker, those are the questions that inquiring explanation or Ministerial Statement would have at minds—and certainly those of us in the legislature— least been in the spirit of the interpolations or the should be concerned about! House of Assembly Official Hansard Report 18 May 2012 2103

Mr. Speaker, on a matter of principle, if the during what we call this so-called “political season” Government is deserving of its taxes, and it has not that govern political messaging, whether it be CITV or received them, it is incumbent upon every Member of the others. So we do not have to go over that, Mr. this House to be equally as concerned that those tax- Speaker. That is done. es are remitted and paid. If, Mr. Speaker, there are matters in which ac- Hon. Hubert (Kim) E. Swan: No. It might be done to tions were done that infringed upon the good govern- the Honourable Member, but it is not done to me. Be- ance of this country, in the spirit of the good govern- cause if the Government is using CITV for political ance legislation that we applauded the Government broadcasts, then the Opposition deserves equal time! for bringing to this Honourable House in recent months—after years of asking for it—in that spirit no Hon. Marc A. R. Bean: Point of order. Point of order, one should be objecting to us at least asking—put the Mr. Speaker. record straight! So I do not want to belabour this any further at The Speaker: Minister Bean has a point of order. this particular time. But, Mr. Speaker, let the Honour- able Member know that in the spirit that the Honoura- POINT OF ORDER ble Member would stand up and ask to get the record [Misleading] straight on Honourable Members in the past, it is the same spirit we request. Deal with it, and deal with it Hon. Marc A. R. Bean: Mr. Speaker, CITV, which properly and promptly, Mr. Speaker. was ridiculed by that side when they were all one— Mr. Speaker, on another matter. ridiculed should not even be existing, it should be shut down. CITV— The Speaker: Yes? [Inaudible interjections and general uproar] USE OF CITV FOR POLITICAL MESSAGING Hon. Marc A. R. Bean: Mr. Speaker, the Honourable Hon. Hubert (Kim) E. Swan: The Honourable Mem- Member is misleading the House. There is no evi- ber was out of the House for a bit, and when he came dence—no evidence that CITV is used for political in he had to go right up, and under normal circum- purposes. You do not see any PLP banner on CITV, stances I would have had a little chat with him. But I Mr. Speaker! You do not see any OBA or UBP ban- just want to go on notice in this Honourable House, as ners up there! I have advised the Honourable Member, with regard to CITV and the use of CITV for political messaging as The Speaker: Thank you, Minister. we are approaching, and we are in, election season. Now, I have written, and the Honourable Min- Hon. Marc A. R. Bean: It is a Government channel! ister knows I have written, to the new Telecommunica- tions Broadcasting Commission— The Speaker: Thank you, Minister. Carry on, Mr. Swan. Have you made repre- [Inaudible interjection] sentation to the board?

Hon. Hubert (Kim) E. Swan: —Commissioner (thank Hon. Hubert (Kim) E. Swan: I have made represen- you), the chairman and the deputy, a little over a tation. I have made representation. But I felt it my duty month ago. I have received some acknowledgement, to bring it to this Honourable House, Mr. Speaker. The and I made some inquiry. And I am made to under- Honourable Member seemed to be a little bit exer- stand that consideration is forthcoming. But, Mr. cised. But I did say, in my respectful opinion, I believe Speaker, as we continue to see messaging, which I that . . . I am very supportive of CITV. Yes, indeed, deem (and that is just my country observation)— maybe in their wisdom there was a little bit of re- sistance back in 2007, just a little resistance. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, point of order. [Inaudible interjections and general uproar]

The Speaker: There is a point of order. Hon. Hubert (Kim) E. Swan: But at least—at least I Sit down. believe I am on record and others are on record as Minister Burgess, what is your point of order? recognising the good educational quality programming that has existed on CITV. POINT OF ORDER So, when the tone changed to become a little bit political, someone like me who does watch CITV— Hon. Derrick V. Burgess, Sr.: Mr. Speaker, we all know in this House that there are regulations in place [Inaudible interjections] House of Assembly 2104 18 May 2012 Official Hansard Report

Hon. Hubert (Kim) E. Swan: Thank you, Mr. Speak- The Speaker: Well, why don’t you— er. No, no. I have made my point, Mr. Speaker. Thank you. Hon. Glenn A. Blakeney: Point of order! Point of or- der! Point of order! The Speaker: Yes, because you have got to be cour- teous. Hon. Hubert (Kim) E. Swan: —noticed it without the banners. Hon. Hubert (Kim) E. Swan: Yes. I am trying to be, as best I can, Mr. Speaker. [Gavel] The Speaker: You make representation to the chair- The Speaker: Before I take the point of order, have man, and then you want to make an issue on the floor you had a response from the chairman? of the House before the chairman has . . . No, you do not do it like that. Hon. Hubert (Kim) E. Swan: I am awaiting the re- sponse, Mr. Speaker. But we are in the election peri- [Inaudible interjections and crosstalk] od. Hon. Hubert (Kim) E. Swan: Thank you, Mr. Speak- The Speaker: Well, I think you need to show some er. I wish I knew—I wish I had a date certain that I courtesy then. knew the election would be. So, being that that is not in my hands and we are not in fixed term, I had to take Hon. Hubert (Kim) E. Swan: Well, thank you, Mr. the opportunity. I do not even know if we are going to Speaker. meet next week, Friday, so I needed the House to know my concern in this regard also. Not intended in The Speaker: Take your seat. Take your seat. any way to be disrespectful. Let me hear it. Minister Blakeney has a point of order. TOURISM

POINT OF ORDER Hon. Hubert (Kim) E. Swan: Finally, my point, Mr. [Misleading] Speaker, is on tourism. I am on record as congratulat- ing the enthusiasm of the Tourism Minister, who is out Hon. Glenn A. Blakeney: Mr. Speaker, he is mislead- there where the fish are, in the area where the fish ing the House with regard to inferring or otherwise are, up in Boston and other areas on the Eastern suggesting or insinuating that there are any political Seaboard, drumming up business. That is good! broadcasts whatsoever, or any that could be inter- But, Mr. Speaker, there are areas such as our preted as a political broadcast. It is akin of a public product on-Island that needs to be enhanced to en- broadcasting station, Mr. Speaker. You have docu- sure that when visitors do come to Bermuda, and the mentaries. You have information that is governmen- ones that return, can see amenities that they bought tal,— into when they purchased, for instance, timeshares 20 years ago, 18 years ago, 15 years ago, 10 years ago. The Speaker: Thank you. Five years ago they would have had a lovely golf course in St. George’s. The benefits of it spread far Hon. Glenn A. Blakeney: —documentaries about the and wide. Now, Mr. Speaker, I believe persons see ocean, documentaries about the environment,— the importance of having a fully functioning golf course. [Gavel] Now, I am not saying that we can deliver that at this particular time. But I am just making it a note, The Speaker: Thank you, Minister Blakeney. and I have shared with the Minister of Tourism, who is absent today, that there is a solution for an abbreviat- Hon. Glenn A. Blakeney: —and you have Ministers ed nine-hole golf course around the St. George’s Club making statements and clarifying policy. area to facilitate in the interim, whilst we continue to wait for the fruits of the Bazarian lease to take place, The Speaker: Thank you, Minister Blakeney. We which was some four years ago! have got . . . Thank you. Thank you. Carry on, Mr. Swan. If you are going to con- Hon. Michael Weeks: Mr. Speaker, Mr. Speaker, can tinue with this, you are going to be— I give a point of information, please?

Hon. Hubert (Kim) E. Swan: You may.

House of Assembly Official Hansard Report 18 May 2012 2105

The Speaker: Do you yield? I am not going to sit here and look out for Members who . . . I am sorry! I am sorry! Hon. Hubert (Kim) E. Swan: Yes. [Inaudible interjections] The Speaker: Yes. Minister Weeks, go right ahead. What is your point of information? [Gavel]

POINT OF INFORMATION The Speaker: I think that some Members do not un- derstand the Standing Orders of this House. I see Hon. Michael Weeks: Thank you, Mr. Speaker. The Honourable Members flagrantly disregarding the au- information for the Honourable Member, in the ab- thority of the Chair. I may deal with it. I may deal with sence of the Tourism Minister, is that the St. George’s it! Golf Course has been leased to the Chamber of Commerce. I think the Honourable Member knows [Gavel] this. As of the end of June, the contract ends at the end of June. So until that time, this Government can- The Speaker: Let us try it again. not do anything with that golf course. [At 9:14 pm, the House stood adjourned until 10:00 The Speaker: Thank you, Minister Weeks. am, Friday, 25 May 2012.] Carry on, Mr. Swan.

Hon. Hubert (Kim) E. Swan: I really appreciate that. I even got the impression that the Minister is interested in having those discussions. So maybe I will take it upon myself to see if I can bring those discussions forward a little bit prior to June.

[Inaudible interjections and crosstalk]

Hon. Hubert (Kim) E. Swan: Well, Mr. Speaker, hav- ing been one who has felt the grunt of others who, having to live without it, sometimes you have got to bring things to this floor. In closing, Mr. Speaker, what I find amazing is, I am only doing my job. I am trying to hold the Government accountable. I know it hurts sometimes. But my job, when you fall short, is to try to pull you up by the bootstraps and help you get it right. That is what I am trying to do. I make no apologies for speak- ing up for the people of St. George’s. I make no apol- ogies for trying to hold this Government accountable on fairness and transparency. That is what all three of these points are all around—doing the right thing at the right time and for the right reasons. Thank you, Mr. Speaker.

The Speaker: Thank you, Mr. Swan. The House stands adjourned to Friday next at 10:00 am.

[Inaudible interjection]

The Speaker: Nobody wants to go? The Speaker is going.

[Laughter]

The Speaker: The House stands adjourned to Friday next at 10:00 am. House of Assembly 2106 18 May 2012 Official Hansard Report

House of Assembly Official Hansard Report 25 May 2012 2107

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT 25 MAY 2012 10:05 AM Sitting Number 24 of the 2011/12 Session

[Hon. Stanley Lowe, Speaker, in the Chair] The Speaker: Thank you, Minister. Any further communications? PRAYERS We will move on.

[Prayers read by Hon. Stanley Lowe, Speaker] PETITIONS

CONFIRMATION OF MINUTES The Speaker: There are none. 11 MAY 2012 STATEMENTS BY MINISTERS The Speaker: Minutes of the 11th of May are being confirmed. The Minutes of the 18th of May are being The Speaker: I recognise the Honourable Member, deferred. Is there any objection to the confirmation of Dame Jennifer Smith, from St. George’s North, Minis- the Minutes for the 11th of May? ter of Education. Agreed to. Dame Jennifer, you have the floor.

[Gavel] PHC LEASE AGREEMENT

[Motion carried: Minutes of 11 May 2012 confirmed.] Hon. Dame Jennifer Smith: Thank you, Mr. Speaker. Mr. Speaker, I rise this morning to once again MESSAGES FROM THE GOVERNOR explain, for the benefit of the listening audience, the difference between the Parliamentary process which The Speaker: There are none. allows for constructive criticism and not politicisation and electioneering. I do this to ensure that members ANNOUNCEMENTS BY THE SPEAKER of the public will know that Members of Parliament do OR MEMBER PRESIDING not have to resort to either the print media or the elec- tronic media to get their questions answered. Every week in this place opportunity is offered for just such The Speaker: There are none. discourse through Parliamentary Questions. Mr. Speaker, the Opposition generally use MESSAGES FROM THE SENATE Parliamentary Questions to ask about travel and the number of teachers and students. So I was surprised The Speaker: There are none. that they chose to ignore this avenue to get their questions about the matter of a 2008 agreement PAPERS AND OTHER signed between the Pembroke Hamilton Club [PHC] COMMUNICATIONS TO THE HOUSE and the Ministry of Education answered. Regardless of the fact that this is yet another example of the Op- The Speaker: I now recognise the Honourable Mem- position ignoring the Parliamentary oath they have ber, Minister Z. De Silva, from Southampton East sworn, Mr. Speaker, I will answer the unasked ques- Central. tion. Minister De Silva, you have the floor. My research indicates that in September 2008, the then-Minister of Education entered into an OCCUPATIONAL SAFETY AND HEALTH TICKET- agreement to provide for the implementation of a ING REGULATIONS 2012 wellness curriculum for preschool, primary and middle school students within the T. N. Tatem cluster of Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. schools. This cluster includes the Warwick and Paget Mr. Speaker, I have the honour to attach and Preschools, Purvis Primary, Heron Bay Primary, Gil- submit for the information of the Honourable House of bert [Institute] Primary, Paget Primary and the T. N. Assembly the Occupational Safety and Health Ticket- Tatem Middle School. The agreement called for the ing Regulations 2012. Pembroke Hamilton Club to provide the facility and House of Assembly 2108 25 May 2012 Official Hansard Report the programmes $442 per student per year, with the Thank you, Mr. Speaker. proviso that this sum would not be less than $391,000 per year. Hon. Trevor G. Moniz: Mr. Speaker, I have a point of The terms of the agreement mean that PHC order. Point of order, Mr. Speaker. must make the facility available to each school on re- quest during the school day unless there is a conflict The Speaker: The Honourable and Learned Member, due to a request by another member of the family of Mr. Moniz, what is your point of order? schools. The facility may be used by students each week from Monday to Friday between the hours of POINT OF ORDER 9:00 am and 4:00 pm. The hours may be extended to [Impugning] 5:00 pm on each of these days at no additional fee. In addition, the Ministry shall have exclusive Hon. Trevor G. Moniz: Mr. Speaker, it seems plain use of the facility when required for students, and that that Honourable Member is attempting to impute PHC must ensure that other patrons do not interfere some sort of improper motive on the part of Members with use by students and staff. The facility can also be of the Opposition. This matter was raised in public by used for prize-giving exercises, ceremonial events members of the public—not by Members of this side and recreational events organised by the schools or of the House. It is disgraceful that that Member would their PTAs [Parent Teacher Associations] at no addi- make a statement like that. tional fee. The facility will be made available to the Ministry of Education for the purpose of conducting The Speaker: Well, take your seat, Mr. Moniz. Take meetings. School staff will be able to use the facility at your seat. no additional fee, while parents and guardians will Well, the Honourable Member, Dame Jenni- benefit from a discounted rate. fer, believes that by repetition you will remember the Mr. Speaker, the agreement comes into op- oath that we all took at some point. I cannot see eration when agreed by the Ministry of Education and where there is any imputing of improper motives. PHC, but not before the facility has been granted a Thank you, Dame Jennifer. certificate of completion. The agreement remains in Any further Ministerial Statements? effect for 20 years from the date of its coming into op- I am going to take the Honourable Member. eration. Mr. Speaker, the result is that this agreement Minister W. Perinchief, from Pembroke Central. will have a value of approximately $8 million by the Minister Perinchief has the floor. time it concludes. Mr. Speaker, I want Honourable Members to SAFER COMMUNITIES know that this agreement came to my attention this year, and in light of the economic climate I have asked Hon. Wayne N. M. Perinchief: Thank you, Mr. the Attorney General’s Chambers to advise me of its Speaker. validity four years after the date of its signing, given Mr. Speaker, safer communities are the build- that we currently do not have a completion date for ing blocks for an improved quality of life in Bermuda. the facility. Mr. Speaker, members of the community In this Honourable House and through other media, I can be assured that I will ensure transparency as we have advised the public of the growing strength of move forward. Mr. Speaker, I had intended and still neighbourhood watch groups and the positive effect intend today to table the lease in this House. they are having in ridding communities of anti-social In conclusion, Mr. Speaker, let me repeat the behaviour. Mr. Speaker, the Bermuda Police Service Oath we have sworn: “I, being a Member of this pre- continues to rightly emphasise the invaluable role of sent Assembly, do swear by Almighty God to use and the community in prevention and speedy investigation employ my best endeavour therein for the general of crime. Mr. Speaker, increasingly, concerned citi- good, without any respect to private interest, gain or zens demand that their level of engagement in the advantage,—” process of crime prevention is supported by strategies that make neighbourhoods safe and, moreover, re- Hon. Trevor G. Moniz: Point of order, Mr. Speaker, move elements that intimidate and seek to frustrate point of order. their aims to make communities safe. In many instances, what we once knew to be Hon. Dame Jennifer Smith: “—striving to discharge innocent gatherings of a neighbourhood’s young men in good conscience—” have been perverted into a gauntlet to be walked by residents of some areas. The introduction of gang- Hon. Trevor G. Moniz: Point of order, Mr. Speaker. style behaviour in core neighbourhoods on the Island, Point of order, Mr. Speaker! compounded by the presence of illegal drugs and sometimes weapons, serves as fertile ground for in- Hon. Dame Jennifer Smith: “—in all equity and integ- timidation and attracts an equally destructive element rity during my continuance therein.” into an otherwise peaceful area. House of Assembly Official Hansard Report 25 May 2012 2109

Mr. Speaker, our Constitution demands that sults, have come about because of a strong policing, we respect individual and collective freedoms. The effective Government support and growing community freedom of assembly is among them, and this Gov- engagement. I am confident that the prudent exercise ernment’s pivotal role in ensuring that Bermudians of these powers will strengthen community confidence enjoy these rights and freedoms is a matter of histori- and improve the quality of life for Bermuda’s people. cal fact. Mr. Speaker, I am sure that there are Hon- Thank you, Mr. Speaker. ourable Members who spent time hanging out, playing in the street and running the risk of a parental repri- The Speaker: Thank you, Minister Perinchief, the mand if not home before dark. Unfortunately, in many Honourable Member from Pembroke Central. instances that scenario is purely nostalgic and does I now recognise the Honourable Minister, the not reflect the purpose of those gatherings that have Honourable Member, Mrs. P. K. Minors, from Smith’s provoked the concern of many of Bermuda’s residents North. today. Minister Minors, you have the floor. Mr. Speaker, in 2009, the Government led this Honourable House in the implementation of strong “PROUD TO BE BERMUDIAN” CAMPAIGN legislative provisions that seek to regulate anti-social behaviour. These provisions in the Criminal Code Hon. Patrice K. Minors: Thank you, Mr. Speaker. equip the police with broad powers designed to meet Mr. Speaker, I am pleased to rise this morning a challenge that has become a danger to our way of after celebrating a terrific Bermuda Day to affirm that I life. The Commissioner of Police is determined to use am proud to be a Bermudian and to share the details these powers in a manner befitting the threat that we of the usage rights agreement for a song known as face. With his senior command team, they recognise “Proud To Be Bermudian” produced by Mr. John C. that any interference with fundamental rights and Woolridge. freedoms, even if supported by strong legislation, Mr. Speaker, early this month the Ministry of cannot be abused or executed without regard to wider Economy, Trade and Industry entered into a contract community concerns. with Mr. Woolridge, who granted the Government of In particular, Mr. Speaker, section 110A of the Bermuda usage rights for the music, lyrics and video Criminal Code sets out the circumstances in which the composition of the work “Proud To Be Bermudian” for police can disperse groups engaged in the intimida- two years at a cost of $37,500 per year. As a result of tion or harassment of residents. Additionally, the sec- the agreement, the Government has acquired a li- tion empowers the police on certain conditions to en- cence to use the work in the course of its business, for sure the return to adult supervision of young people local promotion and print media, broadcast media and under the age of 17. Mr. Speaker, these are weighty for outdoor public performances. The Department of powers afforded to the State and must be used spar- Community and Cultural Affairs will spearhead the ingly. campaign. I have discussed the heightened concerns of Mr. Speaker, the mission of the Department of residents with the Commissioner, and he in turn has Community and Cultural Affairs is to improve individu- shared with me the reports from his officers in direct als’ sense of belonging to the Bermuda community; to contact with Neighbourhood Watch members. The foster and develop greater sense for and value of accounts indicate that residents are not prepared to Bermuda’s culture, traditions and folk life so as to en- tolerate intimidation and harassment from a minority, hance our quality of life; and to create unity and pride some of whom are not even from the area in which in our identity as a people. It is intended that the mu- they congregate. We cannot urge citizens into com- sic, lyrics and DVD associated with the song “Proud munity action in gang prevention and not support the To Be Bermudian” will therefore be embedded into all very objective they serve—that is, making Bermuda of the programmes, events and activities of the De- safer for all. partment of Community and Cultural Affairs to further Mr. Speaker, the unity of purpose that has the aims and objectives of this department as articu- supported the strong policing strategy, during these lated in its mission statement. last two years in particular, must now be on display as Mr. Speaker, the Department of Community the police respond to the community call to disband and Cultural Affairs is ideally positioned to advance groups gathered for no beneficial purpose. Law- the notion that we must take pride in who we are as a abiding citizens must not only feel safe in their homes, people. The song so simply, yet powerfully and effec- but deserve to enjoy their surroundings, the parks and tively, reminds all of us of our cultural heritage and streets, free from intimidation and harassment. Mr. communicates the many reasons to be proud to be Speaker, this Government is committed to supporting Bermudian. the police in the exercise of these powers provided for Mr. Speaker, the Department of Community by the law. and Cultural Affairs has produced a communication These are extraordinary times, and the suc- plan which is broad and comprehensive in scope that cesses in crime reduction, borne out in detailed re- leverages the “Proud To Be Bermudian” theme and House of Assembly 2110 25 May 2012 Official Hansard Report incorporates it into our communications message as the tagline. I am pleased to be able to share print POINT OF ORDER samples with Honourable Members this morning so that you might have an early glimpse of the direction Mr. Nelson H. Cole Simons: Mr. Speaker, is the Min- of the campaign. ister anticipating a motion which will follow on open Mr. Speaker, “Proud To Be Bermudian” is a spaces? compelling tagline which is an essential element in further cultivating our identity as a people. “Proud To The Speaker: I do not gather that the Minister is an- Be Bermudian” is already an especially successful ticipating a motion. He may not be aware of the mo- song that has taken on a life of its own to become part tion that is on the Order Paper. of our popular culture. This Government is pleased to Carry on, Minister. leverage the success of the “Proud To Be Bermudian” asset in celebration of our cultural heritage and the [Inaudible interjections] furtherance of the message. Thank you, Mr. Speaker. Hon. Michael Weeks: As the Minister of Public Works, I am only reporting to the public and to these The Speaker: Thank you, Minister Minors, the Hon- Honourable Members, Mr. Speaker. Thank you. ourable Member from Smith’s North. Mr. Speaker, in 1998 the National Parks Sys- Any further Ministerial Statements? tem totalled 811 acres. In 2001 the Government be- I now recognise the Honourable Member, Mr. gan to actively expand the park system, adding Vir- M. Weeks. Minister Weeks, from Pembroke East Cen- ginia Park, the Railway Trail, Barnes Corner Park, tral, has the floor. Gibbs Hill Lighthouse Park and Abbots Cliff Nature Minister? Reserve to the National Parks System, for a total of 27 acres. Mr. Speaker, in 2008 Cooper’s Island Na- Hon. Michael Weeks: Thank you, Mr. Speaker. Good ture Reserve was created from the former NASA base morning to you, my colleagues and to the listening lands. This work culminated in the passing of the public. [Bermuda] National Parks Amendment Act 2009 des- Mr. Speaker, I would like your indulgence. I ignating new parks and reserves. It also created new have two Statements this morning. categories of recreational parks, including Ports and Darrell’s Islands, as well as 10 new marine parks. In The Speaker: Yes. total, 102 new acres of parks and 54 new acres of nature reserves were added to the system. EXPANDING THE PARK SYSTEM Mr. Speaker, I am pleased to inform the House that a comprehensive mapping review of the Hon. Michael Weeks: Mr. Speaker, I rise this morning park system has just been completed. As part of this to provide to Members of this Honourable House an review, it is proposed that several parks be reclassi- update on the progress made to protect and manage fied as nature reserves to better reflect their impor- the Island’s protected open spaces. tance as wildlife refuges, the creation of new park and Mr. Speaker, I would like to take this opportu- nature reserves from Government-owned areas and nity to reassure the public that significant effort is be- the amendment of boundaries of existing areas for ing made to preserve the Government-owned open accuracy. spaces as one of the primary objectives of the Ministry Mr. Speaker, the proposals would create six of Public Works. Our work is primarily led by the De- new protected areas, including Stokes Harbour Nature partments of Parks and Conservation Services, but Reserve, One Rock Nature Reserve, Dunscombe also includes the Bermuda Land Development Com- Wood Nature Reserve, Ducking Stool Park, Govern- pany, the West End Development Company, the Gov- ment House Water Front Park and Aquarium Park; the ernment golf courses and the Island’s highways, all addition of three existing protected areas omitted working towards a common purpose. through clerical error, which include Fort St. Catherine Mr. Speaker, the Government has made it a Park, Duck’s Puddle Annex Park and Walsingham priority to expand, protect and improve the National Reserve; the reclassification of seven existing parks Parks System as a national treasure, as places where or portions of parks as nature reserves to recognise locals and tourists alike can relax, play sports and en- their importance for wildlife, including Barnes Corner, joy nature, but also as wildlife sanctuaries protecting Gilbert, Nelly Island, Smith’s Island, Spanish Point Bermuda’s biodiversity and threatened species. Islands, Warwick Ridge and Wilkinson Memorial Na- ture Reserves. Mr. Nelson H. Cole Simons: Mr. Speaker, a point of Mr. Speaker, if approved, this would result in order. a total of 114 areas protected under the National Park System, increasing the total to 1,070 acres. This is an The Speaker: What is your point of order? increase of 32 acres more than originally passed un- House of Assembly Official Hansard Report 25 May 2012 2111

der the Bermuda National Parks Amendment Act Hon. Michael Weeks: Okay. 2009, and 259 acres more than in 1998. Mr. Speaker, Or simply could not divide $36 million by 100 these additions will greatly improve the ability of Gov- homes. In addition, they did not take into account any ernment to manage and protect these areas for future of the infrastructure expansion or any other costs in- generations. curred in completing the project. Mr. Speaker, the Ministry of Public Works Mr. Speaker (not you, Honourable Member), does not restrict its efforts to just managing Govern- the project being delivered by the West End Devel- ment-owned land. We also provide assistance to opment Corporation is both an infrastructure expan- many non-government stakeholders. Of particular sion and housing development project. This project note is the work of the terrestrial conservation crew of will see the expansion of infrastructure from Ireland the Department of Conservation Services, which pro- Island North to Boaz Island, and also the creation of a vides expert assistance to the Bermuda Audubon So- new residential community, primarily for WEDCO ten- ciety with its 13 reserves, as well as the Walsingham ants on the existing Victoria Row and Albert Row Trust. sites. Mr. Speaker, I look forward to bringing the Mr. Speaker, the infrastructure expansion will proposed new parks and reserves to the House for afford both sewage collection and supply of reclaimed debate in due course. Thank you, Mr. Speaker. water from locations between Ireland Island North and Boaz Island for current and future developments. Ad- The Speaker: Thank you, Minister Weeks. ditionally, the project provides a solution to the long- Minister Weeks has a further Statement. outstanding housing challenges within the West End without displacing existing tenants—without displac- WEDCO HOUSING PROJECT ing, Mr. Speaker, any existing tenants—a situation that the former Government created and failed to ad- Hon. Michael Weeks: Mr. Speaker, I would like to dress or simply chose not to address. provide Members of this Honourable House and the people of Bermuda with a further update on a project [Inaudible interjections] which is being delivered by the West End Develop- ment Corporation (WEDCO). Some Hon. Members: Mr. Speaker! Mr. Speaker, despite outlining a very clear and factual brief of the project for this Honourable Hon. Michael Weeks: Mr. Speaker, I would now like House and for the people of Bermuda just two weeks to again provide the facts about the project so that my ago, on May 11th, the Opposition have intentionally honourable colleagues and those listening by way of introduced via the media false information in the hope radio will be properly informed and know the truth. of political gain. Or simply, they could not divide $36 Mr. Speaker, the overall cost of the total pro- million— ject is $36 million and is being delivered and paid for by the West End Development Corporation. The Gov- Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of ernment, however, has agreed to support the project order. by providing a shortfall guarantee. It is not anticipated that there will be a need for the Government to acti- The Speaker: Take your seat, Minister. vate the shortfall, as the projected rental revenue and What is your point of order? sale proceeds from existing owned Boaz Island Vil- lage condominiums will cover the cost and financing POINT OF ORDER for this project. However, in the unlikely event that [Impugning] there is a shortfall, the West End Development has already put in place the provision of a board resolution Dr. the Hon. E. Grant Gibbons: Mr. Speaker, this is that funds provided through a shortfall will be paid the second time the Honourable Member is impugning back to the Government. improper motives in a Ministerial Statement. Mr. Speaker, obviously, my colleagues on the Thank you. other side (some) either chose to ignore my previous statement or intentionally used this as a way of con- The Speaker: Yes. fusing the public to score in political points. The resi- Carry on, Minister, but we do have to steer dents of this area have been waiting far too long only clear of that. Yes. to now be cast into a political game by an Opposition that is clearly out of touch with the residents and Hon. Michael Weeks: I will do my best, Mr. Speaker. dwellings within the area. Thank you. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of The Speaker: Try your best. order.

House of Assembly 2112 25 May 2012 Official Hansard Report

The Speaker: Yes. WEDCO. I personally spoke with tenants who are ex- cited about the project and ready to move into their POINT OF ORDER new homes. The meeting addressed all of the ques- [Impugning] tions raised, and WEDCO is prepared to assist the tenants through this transition process. Dr. the Hon. E. Grant Gibbons: Once again, the In addition to providing a long-term solution Honourable Member is speculating and impugning for the residential housing challenges in the area, it improper motives of the Opposition. also creates a welcomed boost for our construction industry. Throughout the 18-month delivery period it is The Speaker: Yes. anticipated that in excess of 100 jobs will be required within various capacities to complete the project. Mr. Dr. the Hon. E. Grant Gibbons: It certainly should Speaker, the construction method for this project is a not be allowed, sir. Thank you. pre-engineered concrete and foam-filled panel system for both walls and roof. These panels will be delivered The Speaker: Yes. I do uphold that point of order. We to Dockyard and they will be erected and completed are at a disadvantage this morning because we have with local labour. This method of construction provides not seen these Statements. significant strength and energy efficiency, while also Try not to . . . Carry on, Minister, but try. being cost-effective. The aesthetics of the units will be consistent with many existing two-story units through- Hon. Michael Weeks: Mr. Speaker, many of the out Bermuda, and the interior will be completed with WEDCO tenants have had to endure a very long de- kitchen appliances. livery process, only to be faced . . . Let me move on, Mr. Speaker, the project is being delivered in Mr. Speaker. two phases. Phase 1 will see construction of 48 units on the property adjacent to the existing Victoria Row. The Speaker: Yes. Upon the completion of phase 1, the current sitting tenants from both Albert and Victoria Rows will have Hon. Michael Weeks: To state that their solution the opportunity to move into these completed units. would be to renovate the existing units and keep the Phase 2 will see the demolishing of both Victoria and rent at the same level clearly shows that they have not Albert Rows, and then completion of the remaining done any homework and are truly out of touch. units. The development consists of a mix of one, two and three bedrooms. Rents for these units will range An Hon. Member: Here we go again. between $1,600 and $2,100. These homes are being developed to provide Hon. Michael Weeks: Mr. Speaker, to renovate the the 60-plus existing WEDCO tenants and those still on existing 42 units at Albert and Victoria Rows would the BHC [Bermuda Housing Corporation] rental wait- require all of the sitting tenants to vacate due to the ing list the opportunity to live in a new, safe, modern state of the structures. These structures were con- unit. Mr. Speaker, the infrastructure expansion portion structed in the 1870s, they have no firewall separa- of the project affords the housing development and tion, they have termites and asbestos, and any effec- others to be linked into existing potable water supply, tive renovation of these two sites would cost approxi- sewage collection and treatment, as well as the sup- mately $20 million to ensure that they conform to cur- ply of treated water which can be used for flushing rent building codes. and irrigation, which will significantly reduce the over- Mr. Speaker, I will do the math to assist my all long-term potable water consumption for this area. colleagues. Forty-two units divided by $20 million Mr. Speaker, in conclusion, the project will be would equate to $476,000 dollars per unit. In sum- delivered by the West End Development Corporation mary, the Opposition believes it would be prudent to on time and on budget, and the area residents in a kick the sitting tenant out for the renovation period and very short order will see the progress of their new spend an additional $116,000 dollars per unit— homes. Thank you, Mr. Speaker. Dr. the Hon. E. Grant Gibbons: There you go again. STATEMENT BY SPEAKER [Inaudible interjections] RE: MINISTERIAL STATEMENTS Hon. Michael Weeks: —over a new, modern unit which is energy efficient, saves on potable water con- The Speaker: Thank you, Minister Weeks. sumption and treats waste in an environmentally sen- Wherever possible in Ministerial Statements, sitive manner. should deal primarily with Government policy or Gov- Mr. Speaker, just for information purposes, ernment administration. We should make every effort last week I attended the tenants’ meeting hosted by not to apportion blame to any other group that is in the House of Assembly Official Hansard Report 25 May 2012 2113

House. That is how Ministerial Statements should be The Speaker: Thank you, Minister Blakeney, the crafted. Otherwise, it makes it difficult. Honourable Member from Devonshire North Central. I did not want to stop the Minister from inform- Any further Ministerial Statements? ing the House of the real issues concerning that pro- I now recognise Madam Premier. posed development. Madam Premier has the floor. I now recognise the Honourable Member, Minister G. Blakeney, from Devonshire North Central. PROGRESS ON PUBLIC SECTOR REFORM Minister, you have the floor. Hon. Paula A. Cox: Thank you, Mr. Speaker. STATEMENTS BY MINISTERS Mr. Speaker, I rise today to report to Honour- able Members on the various initiatives the Govern- [Continuation thereof] ment has taken and plans to take in its continuing re- form and modernisation of the public sector. ACCOMPLISHMENT OF JESSICA LEWIS, BER- Mr. Speaker, any government of whatever po- MUDA’S WHEELCHAIR PARA-ATHLETE litical persuasion needs an effective and efficient civil service to help it develop and implement policies and Hon. Glenn A. Blakeney: Good morning, Mr. to deliver public services that provide good value for Speaker, and good morning, colleagues. the taxpayer dollar. The Government has signalled I rise to inform this Honourable House of an through several initiatives that it is committed to main- accomplishment, not necessarily a usual position I taining the core values of the civil service—honesty, take with regard to Ministerial Statements, but be- integrity, objectivity and impartiality. Those are part of cause of the significance of the accomplishment, I our constitutional heritage. These core values support think it is worthy, Mr. Speaker, and if you so will in- good government, which is, in turn, a key factor in dulge. Bermuda’s international reputation. As I said, I rise to inform this Honourable Mr. Speaker, while these core values are en- House of the accomplishment of Jessica Lewis, Ber- during, the pressures of globalisation, the demands muda’s wheelchair para-athlete. Jessica has reached from citizens around the world for greater accountabil- the A standard for the London 2012 Paralympic ity and transparency from their governments and the Games. Mr. Speaker, in the Desert Challenge in growing need to “do more with less” require new and Mesa, Arizona, Ms. Lewis won three gold medals, all improved ways of working from the civil service. Ex- personal bests, and achieved the A standard in the perience from other jurisdictions suggests that civil 200 metre in a time of 33.81 seconds. The A qualify- service reform itself is an enduring theme. The need ing time is 35 seconds. for continuous improvement in the delivery of public Mr. Speaker, I take this time to provide a syn- services will always be there. My Government is opsis of Ms. Lewis’s incredible athletic accomplish- committed to upholding the core values of public ser- ments. In 2011, she made history at the Parapan vice, as well as fostering a culture of improvement, American Games in Mexico, when she became the innovation and cost effectiveness. first-ever track and field athlete to represent Bermuda Mr. Speaker, in pursuance of this aim I and at a major parasport championship. Mr. Speaker, on previous PLP Governments have: April 28 of this year, at the first competition of the sea- · established the Office of the Ombudsman to son, in St. Laurent, Montreal, she competed in the 100 act as an independent check on instances of metre, 200 metre and 400 metre events, respectively, maladministration; in cold and windy conditions. However, Jessica man- · enacted good governance legislation to estab- aged to reach the B standard in the 200 metres; her lish the Office of Procurement and Project time was 36.09 seconds, and the B standard is 37.50 Management and to introduce protection for seconds. Mr. Speaker, Jessica’s second meet was on whistle-blowers; May 12th this year in Tampa, Florida, at the Dixie · commissioned from the UK National School of Games. She placed first in all three events, with a Government a “Review of the Civil Service,” personal best in the 400 metres of 1 minute, 10.7 updating the previous review carried out in seconds, just 70 seconds away from the B standard. 1999; Mr. Speaker, as previously stated, Jessica’s · in accordance with the recommendations of best performance came at the Desert Challenge. Mr. the review, conducted an Assessment and Speaker, Jessica is due to be highly commended for Development Centre for Permanent Secretar- her accomplishments, and I take this opportunity to ies and aspiring senior civil servants, aimed at wish her every continued success as she prepares for identifying development needs and strength- the London 2012 Paralympics [Games]. ening succession planning in the civil service; Thank you, Mr. Speaker. · established within Cabinet Office a Govern- ance and Service Delivery Unit which will drive forward the good governance agenda House of Assembly 2114 25 May 2012 Official Hansard Report

and, with the help of Management Services, We will move on. the Office of Project Management and Pro- curement and Internal Audit, [and] hold line REPORTS OF COMMITTEES Ministries to account more closely for the de- livery of their policy and service objectives. The Speaker: There are none.

Mr. Speaker, these are a solid record of QUESTION PERIOD achievement on reform of our public administration.

However, we are not complacent, and recognise that The Speaker: I am going to take the Honourable much more needs to be done. Today, I shall table a Member, Mr. C. Swan, from Southampton West Cen- Bill on the second phase of good governance legisla- tral. tion. The Bill makes provision for a mechanism Mr. Swan has the floor. whereby a Minister can be appointed to hear an appli- Do you wish to put a question to the Honour- cation on appeal or appeal on behalf of another Minis- able Member, Dame Jennifer Smith, Minister of Edu- ter who has a conflict of interest. The Bill also creates cation? criminal offences so as to make further provision for the protection of whistle-blowers and for enhanced QUESTION NO. 1 ON PHC LEASE AGREEMENT transparency in the awarding of Government con- tracts. Mr. Charles F. B. Swan: Yes, thank you, Mr. Mr. Speaker, in addition, my Government will: Speaker. · revise and reissue the “Ministerial Code of Just a minor thing. I had a question on the first Conduct”—the standards which Ministers will page, the cluster of schools listed. The first question be expected to observe in carrying out their was, Do these schools have fields of their own? responsibilities; · continue to strengthen the capacity of the The Speaker: Yes, yes. The Minister of Education is Cabinet Office to act as an effective policy co- going to respond. ordination and challenge mechanism to line Ministries; Hon. Dame Jennifer Smith: I will respond concerning · in consultation with the unions, review and fields when I have confirmed. update the conditions of employment and code of conduct for public servants to ensure The Speaker: Second question, Mr. Swan? it is consistent with the code of conduct and recent legislation; QUESTION NO. 2 ON PHC LEASE AGREEMENT · commission from the Cabinet Secretary and the Civil Service Executive a review of the Mr. Charles F. B. Swan: Okay. The second question machinery of Government, with a view to ra- was a follow-on from the first, but the second question tionalising functions, minimising duplication of was, the PHC facility, I mentioned, has . . . The Minis- effort and saving costs. ter mentioned that there is no completion on the field, so I guess things are still a little bit up in the air. I just Mr. Speaker, this may seem like a formidable wondered what is proposed— raft of measures, but the Government does not shirk from challenges. I am pleased to announce that, with [Inaudible interjection] the help of Government House, we have secured the services of Mr. Chris Cooper, who is seconded to the Mr. Charles F. B. Swan: Sorry? Cabinet Office from the UK Civil Service. Mr. Cooper knows Bermuda well, having been the author of both [Inaudible interjection] the 1999 and 2011 Reviews of the Civil Service. He will work closely with me and the Cabinet Secretary to [Gavel] take forward the programme of work I have outlined. In summary, Mr. Speaker, the measures that Mr. Charles F. B. Swan: I just wondered if the facili- the Government has taken, and now plans to take, ties and the fields that are being paid for are going to further raise the bar on good governance, accountabil- be . . . who are they going to be maintained by? ity and performance. This can only improve the lot of the ordinary taxpayer and protect and enhance Ber- The Speaker: Yes. The Minister of Education is going muda’s international reputation. to respond. Thank you, Mr. Speaker. Hon. Dame Jennifer Smith: Mr. Speaker, I get the The Speaker: Thank you, Madam Premier. impression that the Member confuses “field” with “fa- Any further Ministerial Statements? cility.” We talked about the introduction of the wellness House of Assembly Official Hansard Report 25 May 2012 2115 curriculum that will be facilitated by programmes run SUPPLEMENTARIES in that facility. Clearly, if we are paying for the pro- grammes, we are not to be doing the maintenance of Dr. the Hon. E. Grant Gibbons: Did I understand that the facility. the Honourable Member would be releasing an execu- tive summary of the report, from what she just said? The Speaker: Is that it, Mr. Swan? The Speaker: Madam Premier? Mr. Charles F. B. Swan: That answers my question. Hon. Paula A. Cox: Mr. Speaker, I indicated that The Speaker: Pardon? there may be the possibility of that. But I certainly could not release the report, since the information was Mr. Charles F. B. Swan: To the last statement... gathered under anonymity. Thanks.

The Speaker: Any further questions? The Speaker: Yes. Thank you, Madam Premier. I now recognise the Honourable Member, Dr. Gibbons. Dr. Gibbons wishes to put a question to the Dr. the Hon. E. Grant Gibbons: A second supple- Honourable Member, Madam Premier. mentary, Mr. Speaker? Dr. Gibbons, what is your question? The Speaker: Yes. QUESTION NO. 1 ON PROGRESS ON PUBLIC SECTOR REFORM Dr. the Hon. E. Grant Gibbons: Is the Honourable Member aware that the first civil service review that Dr. the Hon. E. Grant Gibbons: Thank you, Mr. was done, I believe in 2001/02, is in the public do- Speaker. main? Mr. Speaker, my first question is, When will the Honourable Member release the report Review of The Speaker: Madam Premier is going to respond. the Civil Service Commission by the Government for the UK National School of Government? Hon. Paula A. Cox: Mr. Speaker, the fact of the first civil service review, if it has been put in the public do- The Speaker: Thank you, Dr. Gibbons. main, does not alter my response on items one and Madam Premier is going to respond. two that have already been asked.

Hon. Paula A. Cox: Thank you, Mr. Speaker. The Speaker: Thank you, Madam Premier. Mr. Speaker, there is not any intent to release Dr. Gibbons? the report. The information that was gathered was gathered in terms of having a full and frank discussion Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. with members of the civil service executive and oth- Speaker. Second question. ers, and it was taken on the basis of being . . . going to be handled discreetly. The Speaker: Yes.

What I used in terms of the Budget Debate in QUESTION NO. 2 ON PROGRESS ON PUBLIC the Ministry of Finance and also the Cabinet Office, I SECTOR REFORM used the opportunity when discussing the Head for the Cabinet Office to go into exhaustive detail as to Dr. the Hon. E. Grant Gibbons: In the Honourable recommendations that will emanate from the report. Member’s Statement, it refers to a number of good But it certainly is not the intent to release the report. governance measures. Does the Honourable Member There may be opportunity for an executive summary, intend to follow through on financial instructions with but not the report. respect to the infractions referred to by the Auditor General in this morning’s daily?

Madam Premier? The Speaker: Thank you, Madam Premier. The Speaker: Dr. Gibbons, is there a further question? Hon. Paula A. Cox: Mr. Speaker, I think that certainly the Government intends to follow through. There are Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. Speaker. Supplementary. various agencies of Government that follow through, especially mine. For that Honourable Members are very keen to underscore that there is no political inter- The Speaker: Supplementary one. ference in personnel matters. Thank you, Mr. Speaker. House of Assembly 2116 25 May 2012 Official Hansard Report

The Speaker: Thank you, Madam Premier, for your The Speaker: Thank you, Madam Premier. assistance. I now recognise the Honourable Member, Mr. Is there another question, Mr. Simons? Simons. The Honourable Member, Mr. Simons, wishes to put a question to Minister Weeks. Mr. Nelson H. Cole Simons: Thank you, Mr. Mr. Simons? Speaker. In response to the Premier’s— Mr. Nelson H. Cole Simons: Thank you, Mr. Speaker. The Speaker: A question? Question! Minister Weeks— Mr. Nelson H. Cole Simons: My question is— The Speaker: Minister Weeks, the Honourable Mem- ber. The Speaker: You cannot respond. Question.

QUESTION NO. 1 ON EXPANDING THE PARK QUESTION NO. 2 ON EXPANDING THE PARK SYSTEM SYSTEM

Mr. Nelson H. Cole Simons: What new open space Mr. Nelson H. Cole Simons: How much did the Gov- acreage has been purchased by the PLP Government ernment contribute to the initiative described by the since 1998? Premier?

The Speaker: Minister Weeks is going to . . . [Inaudible interjections]

[Inaudible interjection] An Hon. Member: Out of order.

The Speaker: Yes. The Speaker: It should be something in this. That is what we are . . . Yes, yes, yes. Hon. Michael Weeks: Mr. Speaker, it is not in my Minister, do you want to— Statement. But— Mr. Nelson H. Cole Simons: Mr. Speaker, you ac- The Speaker: If it not in your Statement, you are not cepted the Premier’s comments. So I was just asking . obliged to answer, or you can give an undertaking . . The comments made— to— The Speaker: No, no, no, no, no. No. You have got to Hon. Michael Weeks: Yes, I know. But if people stick to this. would like to ask a Parliamentary question, I am more Any further question? than happy to attend to it. Mr. Nelson H. Cole Simons: Yes. I am not finished. The Speaker: Good. Any further questions? The Speaker: Okay. What is your question, Mr. Hon. Paula A. Cox: Mr. Speaker, may I, with your Simons? indulgence? Mr. Nelson H. Cole Simons: Mr. Speaker, a lot of The Speaker: Yes? the—

Hon. Paula A. Cox: This is unusual. But I think be- The Speaker: Question? cause it is a matter in the public domain, what will as- sist my honourable colleague and the Honourable QUESTION NO. 3 ON EXPANDING THE PARK Member who asked the question is that you may re- SYSTEM call in past and successive, recent and past Budget Statements, we indicated (and you will recall) that we Mr. Nelson H. Cole Simons: Yes. Mr. Speaker, what made contributions available to the open spaces percentage of the land added and that is protected group. We particularly, as we were doing more with under the Parks Act was reclassified Government land less, sought to leverage from the Government’s versus new land added to the stock? spending power by assisting. I think Dr. Saul was the chairman at the time of one of those. I think that is The Speaker: Minister, do you want to try? certainly in the public domain, and it assists the Hon- Minister Weeks is going to respond. ourable Member.

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Hon. Michael Weeks: Mr. Speaker, it is not in the Mr. Mark Pettingill: Thank you. This is a supplemen- Statement. But if he needs a copy of it, I am more tal question. than willing to provide. The Speaker: Yes. Okay, fine, fine, fine. Right. Thank The Speaker: It is a supplementary? you, Minister. Mr. Mark Pettingill: Supplementary. Any further questions? I now recognise the Honourable and Learned The Speaker: Supplementary, right? Go on. Supple- Member, Mr. M. Pettingill, from Warwick West. mentary.

Mr. Mark Pettingill: Thank you, Mr. Speaker. I have a Mr. Mark Pettingill: Sorry. This is my second sup- couple of questions with regard— plementary, with respect. I asked a question; this is my second supplementary. I apologise if I was un- The Speaker: To the Minister of Works. clear. What US company is involved with the con- QUESTION NO. 1 ON WEDCO HOUSING PROJECT struction of the units?

Mr. Mark Pettingill: Minister of Works and Engineer- The Speaker: Minister Weeks? ing with regard to the Statement that I have had sight of this morning. The first one is, With regard to the Hon. Michael Weeks: It is in the public domain, Mr. Statement and the overall cost of the total project of Speaker— $36 million being delivered and paid for by the West End Development Corporation, who is lending the [Inaudible interjections and crosstalk] money for the construction? [Gavel] The Speaker: Thank you. Minister Weeks is going to respond. Hon. Michael Weeks: —but I think they are called Coastal Precast Systems. Hon. Michael Weeks: Sorry, Mr. Speaker. WEDCO will be getting money from Bank of Butterfield. The Speaker: Yes, yes. Okay. That is it? The Speaker: Thank you, Minister. Mr. Mark Pettingill: No, sir. No, I have another ques- Mr. Mark Pettingill: Supplemental. tion, with respect. That is not an answer, but—

The Speaker: Supplementary? [Inaudible interjection]

SUPPLEMENTARIES Mr. Mark Pettingill: Is that the answer?

Mr. Mark Pettingill: What involvement does a com- An Hon. Member: It is in the public domain. pany by the name of the Bostonia Global Securities LLC have with the project? The Speaker: Yes. It is in the public domain.

The Speaker: Minister Weeks is going to respond. Mr. Mark Pettingill: Okay, it is in the public domain.

Hon. Michael Weeks: I really do not know the name, The Speaker: Is there a further question? but I will definitely look, because I personally have not even heard of that. QUESTION NO. 2 ON WEDCO HOUSING PROJECT

Mr. Mark Pettingill: There is a name. Mr. Mark Pettingill: Second question. All right? What partnership arrangement does WEDCO The Speaker: Yes. have with a company called Clark [Construction] In- ternational, a subsidiary of Clark Construction Group Hon. Michael Weeks: Okay. LLC of the United States?

Mr. Mark Pettingill: Another question. The Speaker: Minister?

The Speaker: Question number three? An Hon. Member: That is a question for WEDCO.

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Mr. Mark Pettingill: No, that is a question for the Min- ister in the House. That is a question for the House. Mr. Mark Pettingill: Right. So.

[Inaudible interjections] The Speaker: Question three. Question three. What is your question? [Gavel] Mr. Mark Pettingill: In relation to a developmental partnership, what jurisdiction in that agreement is The Speaker: Give the Minister a chance. covering any legal disputes as might arise?

Hon. Michael Weeks: Mr. Speaker, I do not have this The Speaker: Minister Weeks? in my Statement, but I will definitely consult with WEDCO if that is the— Hon. Michael Weeks: Again, Mr. Speaker, I do not have the answer to that right now. But any questions The Speaker: The Minister is going to give an under- that concern what I think this Honourable Member is taking to find the answer. intimating that he knows, I will consult with WEDCO and, if need be, I will bring that to the Honourable SUPPLEMENTARIES House and report.

Mr. Mark Pettingill: Supplemental. The Speaker: Thank you, Minister. Is the Minister aware that there is a US com- pany involved in the developmental partnership with Mr. Mark Pettingill: Third question. WEDCO in relation to this project? The Speaker: We are on question three now. That [Inaudible interjections and crosstalk] was question three.

The Speaker: Minister? Mr. Mark Pettingill: This is question three. The Clerk has it. [Gavel] The Clerk: The second supplementary to the second The Speaker: Minister Weeks is going to respond. question. Now he is allowed a third question.

Hon. Michael Weeks: Mr. Speaker, it is clear that my The Speaker: I thought that was the third. Honourable Member may think he knows something that we do not know. Mr. Mark Pettingill: No, with respect. It was not. Thank you very much. Mr. Mark Pettingill: I know what you know! The Speaker: I am taking assistance from the Clerk. Hon. Michael Weeks: Please bring it. QUESTION NO. 3 ON WEDCO HOUSING PROJECT [Inaudible interjections] Mr. Mark Pettingill: What is the current rent paid with Mr. Mark Pettingill: Well, what is the answer? regard to the Victoria Row units?

An Hon. Member: What is the answer? [Inaudible interjections]

An Hon. Member: It is in the public domain. Mr. Mark Pettingill: What is the current rent paid, the current average rent paid by Victoria Row units? Hon. Michael Weeks: It is in the public domain. And any other questions that you may have, I will under- [Inaudible interjections and general uproar] take to get an answer. Mr. Mark Pettingill: Let me just be clear. This is in Mr. Mark Pettingill: Supplemental. relation to the Ministerial Statement that rents are go- ing to range between $1,600 and $2,100 for the new The Speaker: You have had . . . units. I am asking the question what the current aver- age rent is paid by the Victoria Row. It is not in the Mr. Mark Pettingill: That is my second supplemental public domain. on my second question. The Speaker: Yes, yes. Sure. The Speaker: You have had two. Minister Weeks? House of Assembly Official Hansard Report 25 May 2012 2119

[Inaudible interjections] Mr. Mark Pettingill: It is not in the public domain.

[Gavel] [Inaudible interjection]

Hon. Michael Weeks: The current rent, Mr. Speaker, The Speaker: Minister, do you wish to respond? varies. I do not have the exact numbers here. But I would be certain that they are not any more than Mr. Mark Pettingill: Nobody wants to answer me. $1,600. [Gavel] The Speaker: Yes. Thank you, Minister. The Speaker: All right. Hon. Michael Weeks: Sixteen-hundred. We are going to move on. Question Period is concluded. The Speaker: Thank you, Minister. [Inaudible interjections] [Inaudible interjections and crosstalk] The Speaker: Yes, yes. Mr. Mark Pettingill: Supplementary. [Inaudible interjections and general uproar] An Hon. Member: It ought to be a question. [Gavel] The Speaker: What is the question? The Speaker: I think the Honourable Member is for- [Inaudible interjections] getting where he is. The Honourable Member clearly is forgetting where he is. Mr. Mark Pettingill: I think they are pretty good. Mr. Mark Pettingill: I apologise. The Speaker: What’s the question? The Speaker: He thinks he is down below! SUPPLEMENTARIES [Inaudible interjections] Mr. Mark Pettingill: Who covers the shortfall on any rents between $1,600 and $2,100, the future rents to [Gavel] be paid? The Speaker: Question Period is concluded. [Inaudible interjections] CONGRATULATORY AND/OR Mr. Mark Pettingill: Who covers the shortfall? OBITUARY SPEECHES

The Speaker: Minister? Take your seat. The Speaker: I am going to take the Honourable Minister? Member, Mr. G. Blakeney. Minister Blakeney, from Devonshire North Central, has the floor. Hon. Michael Weeks: I do not think that . . . Well, I am hoping there may not be a shortfall. But there are Minister? Government agencies that can assist people that are in need of assistance if they quality. Hon. Glenn A. Blakeney: Thank you very much, Mr. Speaker. Of course, yesterday was a phenomenal day Mr. Mark Pettingill: Supplemental, supplemental. in celebration of our heritage, and it would be remiss of all of us in the House—and I am sure there will be The Speaker: Two. other personal statements that will follow regarding the success of our annual Bermuda Day [and] Heri- tage Day celebrations yesterday, so I am not going to Mr. Mark Pettingill: Is it not the case that the rents are guaranteed to the US company that is involved in take up much time in trying to thank everybody. But I the project if there is a shortfall? would like to send the most heartfelt congratulations to our Honourable Minister, Ms. Patrice Minors, and [Inaudible interjections] her very able Department of Community and Cultural House of Assembly 2120 25 May 2012 Official Hansard Report

Affairs under the stewardship of Director Heather Mr. Donte O. Hunt: Thank you, Mr. Speaker. Whalen and Mrs. Tannock. Mr. Speaker, I too would like to be associated With regard to the sporting events yesterday, with all the remarks about Bermuda Day, May 24. It Mr. Speaker, I rise to congratulate Dominic Mayho for was a phenomenal day. I underscore “phenomenal,” winning the 2012 Sinclair Packwood Memorial Cycling mainly because it was a very, very rainy bad-weather Race. He is currently Bermuda’s Junior Athlete of the day. But in spite of the bad weather, what I saw were Year, with tremendous potential, and an outstanding individuals who were passionate. I would like to asso- role model as well. ciate Craig Cannonier, the Opposition Member, and, Mr. Speaker, I congratulate Chris Estwanik in fact, everybody on this side—in fact the whole and his lovely wife, Ashley Estwanik, who just recently House. But in any rate, it was a rainy day. We saw gave birth to a second child. Of course, she, as I think those who participated in the event at their “A” game. all of Bermuda knows by now, won the women’s cate- They came with it big time. gory of the 2012 Bermuda Day Half Marathon. Chris When I say “participated,” I not only mean the becomes only the fourth runner in the history of the entertainers, those that we saw on the front page do- race to win it five consecutive times. Ashley was ninth ing back flips and dancing and singing and just having overall, and she clocked a time of 1:25:33 behind her a good time, but also the spectators. I see them—we husband, who clocked 1:8:49. all in this House see them as participants as well, be- Mr. Speaker, the Junior Classic was won by cause what Bermuda Day is for us, we know, is a day Aaron Jacobs for the boys in a time of 11 minutes and that we show our national pride, our love for Bermuda. 17 seconds; Messiah Greaves for the girls, with a time To see persons sitting and being spectators, partici- of 12 minutes and 48 seconds. pants coming out regardless of the torrential downfall, Mr. Speaker, all of those, as I mentioned, that is very pleasing, I am sure to us all, Mr. Speaker. participated in the Bermuda Day events are to be I also would like to congratulate the winners of congratulated, not the least of which are the organis- the various categories, Chris Estwanik [and] his wife ers and the many selfless volunteers. Ashley Estwanik; Aaron Jacobs, the Junior Male; and I would like to just congratulate two other folks Messiah Greaves, the Junior Female—phenomenal with regard to events held just recently. On May 20, job. I am sure all the Members in this House would Mr. Speaker, at the Hamilton Fairmont Princess Hotel, like to be associated as well. the Ministry of Youth, Sport and Families Department Last, but not least, I also would like to be as- of Child and Family Services hosted a luncheon in sociated with the Drumline 2012. Many of them were tribute to foster parents. It was a wonderful event. All represented in the May 24th parade, which was a high- in attendance, particularly the foster parents, delighted light for many of us who saw them do their beats and in their recognition, as the organisers delighted in their blow their horns, do their dance and entertain us and continued volunteerism in providing wholesome make us proud as a place where entertainment and homes for our children in need of foster care. The our heritage are very much alive in these beautiful guest speaker was Lavonne Lee Smith, who gave a young people. resounding and riveting testimonial from her personal Thank you, Mr. Speaker. experience, having been a foster child herself. She now enjoys incredible success in the area of interna- The Speaker: Thank you, Mr. Hunt. tional business. I am going to take the Honourable Member, Finally, Mr. Speaker, I would like to send con- Mrs. Gordon-Pamplin, from Paget West, who was try- gratulations out of this Honourable House to Yhoshi ing to catch my eye. Productions, who, as I think many Members would Mrs. Gordon-Pamplin. have witnessed the Drumline 2012, which was held on May 20th, as well. Mr. Speaker, there were a number Mrs. Patricia J. Gordon-Pamplin: Something just . . . of participants, including our Bermuda National Drum- I just had a spark . . . line, the Sandys “Showtime” Drumline, Whitney Drum- line, PHC Drumcore, and from overseas, the Gwynn The Speaker: So please— Park High School Marching Yellow Jackets and How- ard University “Showtime” [Marching] Band. So I [Inaudible interjections] would like our congratulations to go to those folks. Thank you. Mrs. Patricia J. Gordon-Pamplin: No. No. It was a spark. I do not know what happened. The Speaker: Thank you, Minister, the Honourable Member from Devonshire North Central. The Speaker: Please let me know. I am going to take the Honourable Member, Mr. D. Hunt, from St. George’s South. Mrs. Patricia J. Gordon-Pamplin: Yes. Thank you, Mr. Hunt, you have the floor, sir. Mr. Speaker.

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[Laughter] Mr. Speaker, I too would like to stand to give a resounding note of thanks to the Department of Mrs. Patricia J. Gordon-Pamplin: Mr. Speaker, I Community and Cultural Affairs for a wonderful day would like to be associated with the remarks of con- that was put on for all to enjoy yesterday, that being gratulations, obviously, for Bermuda Day. One of the our Bermuda Day. Specific reference to Mrs. Louise things that I would like to highlight, Mr. Speaker, is my Tannock, who did an exemplary job, even all the understanding that the Zumba team did a fabulous planning leading up to the day. She is to be com- job, as they were there. People are saying they were mended, along with her team, for spearheading such looking for me, but unfortunately, it was a different a wonderful day. group than mine. But I would, hopefully, at some point Mr. Speaker, I also would like to take this op- be able to have the opportunity. portunity to mention the names of the various partici- Mr. Speaker, I would ask that this Honourable pants in the parade who were honoured with awards. House send congratulations to the organisers of the The D. J. Williams Award went to Sandys Middle Bermuda’s Youth Got Talent. We saw a lot of our School. The Dame Marjorie [Bean] Award went to young people at their finest. But the finalists, the 20 Warwick Academy. The L.C.C.A. Award went to the finalists, were selected and they were showcased on Shriners [Bermuda Shrine Club], which we saw the a fundraiser telethon on Wednesday night, the pro- Member, Mr. Darius Tucker, participating in. ceeds of which will benefit the Coalition for the Protec- The Chamber of Commerce Award went to tion of Children. I would certainly like to congratulate the Fairmont Southampton Hotel in first place, and all of those, the 20 finalists. We will know by tomorrow second place to the Muslim Community. The Best who the actual, the overall winner would be. I think Government Department Award went in first place to that of all 20 that made it to the finals, any one of them the Bermuda Post Office, which also won the Minis- would be perfectly capable of winning the competition. ter’s Award, followed in second and third place by the Mr. Speaker, I would also ask that this Hon- Department of Community and Cultural Affairs and the ourable House send condolences to the family of the Department of Child and Family Services. late Gwyneth Smith. Mr. Speaker, you might be aware The Best Community/Volunteer/Political cate- that Somerset Cricket Club has again lost one of its gory award went to St. Mark’s Anglican Church, who stalwart members. I know that I can say that Cup also were recognised with the Reggie Ming Award for Match will not be the same because Gwyneth has Most Beautiful and the Premier’s Award for Best Float been quite a fixture on the top level of both Somerset in the parade, followed by second place, Western Cricket Club and St. George’s Cricket Club during the Stars, who we know are the multi-Cup champions for Cup Match Classics. Gwyneth, Mr. Speaker, I have to football this season, followed by the PHC (Pembroke say, we played softball together many years ago. She Hamilton Club) float that was in third place, who had a was quite a stalwart player for the Somerset Blue- wonderful presentation of a good 100-plus young birds. people participating in the majorettes and the drums. She was an absolutely incredible young So, Mr. Speaker, I commend all those that woman, inasmuch as her sister passed away at a participated in the Bermuda Day Parade, and I think relatively young age, and Gwyneth then adopted her the weather held up, and we are most pleased that we sister’s two children. She has been the mother and could all appreciate and enjoy such a great day. grandmother to Thyra’s two children, Tina and Lisa, Thank you, sir. and their children. Mr. Speaker, I know that the entire family is going to be . . . And she is a very young The Speaker: Thank you, Minister Minors, the Hon- woman. She was 65, in her 66th year. Mr. Speaker, as ourable Member from Smith’s North. an amputee, she has had an indomitable spirit and I now recognise the Honourable and Learned has been a tremendous inspiration to those who may Member, Mr. S. Crockwell, from Pembroke West. not have had all of their mobility. But she did not allow Mr. Crockwell, you have the floor, sir. that to stop her. I would just like to offer sincere con- dolences to Tina, Lisa and her sisters and brothers as Mr. Shawn G. Crockwell: Yes, thank you, Mr. they go through this time of bereavement. Speaker. Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the congratulations sent to all those who won dur- The Speaker: Thank you, Mrs. Gordon-Pamplin. ing the marathon yesterday. I would also like to con- I am now going to recognise the Honourable gratulate all those who participated and finished, Mr. Member, Minister P. Minors, from Smith’s North. Speaker. I think that is a significant accomplishment. I Minister Minors, from Smith’s North, you have understand there are a few Members of these Hon- the floor. ourable Chambers that did so. So, congratulations to them. Hon. Patrice K. Minors: Thank you, Mr. Speaker. Mr. Speaker, I would like a letter of congratu- lations to go to a Ms. Deshay Caines, who just gradu- House of Assembly 2122 25 May 2012 Official Hansard Report ated from my alma mater, Mr. Speaker, Oakwood Thank you, Mr. Speaker. University. She graduated magna cum laude, with a double major in business administration and history. The Speaker: Thank you, Minister Weeks. Minister Marc Bean just asked to be associated with Any further speakers? that. Mr. Speaker, I have known Deshay all of her life. I am going to take the Honourable Member, As you know, she is the daughter of Mr. Dwayne Dr. Gibbons, from Paget East. Caines, who is the acting Director of Communications, Dr. Gibbons, you have the floor. and Ms. Shervelle Burch. What made the occasion even far more memorable, Mr. Speaker, was the fact Dr. the Hon. E. Grant Gibbons: Yes, thank you, Mr. that her uncle, Mr. Wayne Caines, former Senator, Speaker. actually delivered the keynote address during the Mr. Speaker, I rise on a sad note this morning ceremony, the graduation ceremony, which was a to ask that condolences be sent to the family of the wonderful honour for him and for Bermuda. But cer- late George Fisher. Some Honourable Members will tainly, it must have been fantastic for his niece, the have seen some of the extensive write-up that was honouree, Deshay Caines. So, Mr. Speaker, I would done on him in both the Sun and the Royal Gazette. like for a letter of congratulations to go to her for a But he was apparently quite a Bermudian hero during wonderful accomplishment. the Second World War. He was one of the first contin- Thank you, sir. gent of Bermudians that volunteered with the Ber- muda Rifle Corps to serve in the war starting in 1940, The Speaker: Thank you, Mr. Crockwell, the Honour- and basically took part in the Battle of Arnhem in able and Learned Member from Pembroke West. 1944. He was buried in rubble. He tried to get away. I now recognise the Honourable Member, Mr. He was shot in both legs and effectively was a Ger- M. Weeks. Minister Weeks, Pembroke East Central, man prisoner of war through the rest of the war until has the floor. Germany effectively resigned or . . .

Hon. Michael Weeks: Thank you, Mr. Speaker. The Speaker: “Surrendered” is the word, I think. Yes. I would like to be associated with the condo- lences to the family of Ms. Gwyneth Smith. Dr. the Hon. E. Grant Gibbons: Yes, surrendered Mr. Speaker, I would also like condolences to (that was the word I was looking for; thank you, Mr. be sent to the family of Mr. Michael Carey. He is the Speaker) in 1944. brother of Minister Blakeney’s Permanent Secretary, Fortunately, I understand my honourable col- Wayne Carey. I am sure Mr. Blakeney would like to be league, Mr. Moniz, who would like to be associated associated with these remarks. with the condolences, indicated that the Bermuda Michael Carey was not only one of my con- Maritime Museum did a three-hour interview with him stituents, but he was a friend of mine. Early on, he on some of his war stories and exploits shortly before had a very successful career in international business, he did pass. But it is quite an extraordinary story. but more recently, Mr. Speaker, as an independent When he came back to Bermuda, he was also with taxi owner and operator. All those that knew him and Bermuda Gas & Utility, and I think he managed that his personality knew that he was truly an ambassador company for close to 50 years. But a true Bermudian to our tourism industry and a big help to our public. hero in many respects. I would ask that condolences Mr. Speaker, I would also like this House to be sent to his family, particularly, Madeline Reape. recognise the efforts of Charters Group of Companies Honourable Member, Charles Swan, would like to be and its employees, who recently assisted in the resto- associated with that as well, and my Honourable ration of the Officer’s Beach area in Cooper’s Island Leader, Craig Cannonier, would like to be associated, Nature Reserve. Last Friday, the 18th of May, 30 em- as he would be the representative for that area soon. ployees spent the day assisting the Department of Thank you. Conservation Services in removing 200 feet of hurri- cane-damaged chain link fencing, two truckloads of The Speaker: Thank you, Dr. Gibbons. trash, including a jet ski and a scooter, as well as the I am going to take the Honourable Member, cutting of a large amount of Casuarinas and Mexican Mrs. D. N. Butterfield, from Pembroke West Central, pepper. Similar events, Mr. Speaker, are planned with has the floor. Marsh Re [reinsurance] and the Ascendant Group of Mrs. Butterfield? companies to assist with the restoration of Pembroke Hon. D. Neletha I. Butterfield: Thank you, Mr. Canal and Nonsuch Island, respectively. Speaker. So, on behalf of the Ministry of Public Works, I I would like for condolences to be sent to the would like to extend my heartfelt gratitude for the as- family of the late Maurice Durham of Mount Hill, Pem- sistance that these companies and their employees broke, better known as the Key West area. Condo- provide in managing the Island’s parks and nature lences to be given to his wife, June. Most or some of reserves. the Members here would know his son, Troy “Tor- House of Assembly Official Hansard Report 25 May 2012 2123

toise” Durham, an outstanding football player with weekend, it is next weekend.) They are having a Western Stars and Dandy Town. So I would like to whole week of events under their Chairman, Dr. Ky- associate the Honourable Michael Weeks and also juan Brown. The school, I believe, is re-invigorating the Honourable Wayne Perinchief, who are very famil- the current student body with success stories of previ- iar with this family. ous students who have achieved success, Mr. I also would like for condolences to be sent to Speaker, in a range of careers. another named Maurice, but Maurice Pringle, the late Finally, Mr. Speaker, I wish that we offer con- Maurice Pringle, the son of Milton and Juliette Pringle gratulations to a former Youth Parliamentarian, one of from the area of Somerset. Gone too soon. I got to those young people who comes and sits here during know Maurice from teaching his son, Maurico, in an- Budget Debate time, as a page, to Miss Teen, Ms. other place. So I would like for condolences to be sent Shaunte Simons, who is the reigning Miss Teen Ber- to that family as well. muda, and a former Youth Parliamentarian, who Thank you, Mr. Speaker. wishes to improve Bermuda’s moral responsibility. Thank you, Mr. Speaker. The Speaker: Thank you, Mrs. Butterfield. I am going to take the Honourable Member, The Speaker: Thank you, Dame Jennifer, the Hon- Dame Jennifer Smith, from St. George’s North. ourable Member from St. George’s North. Dame Jennifer has the floor. I now recognise the Honourable Member, Minister M. Weeks, from Pembroke East Central. Hon. Dame Jennifer Smith: Thank you, Mr. Speaker. Minister, you have the floor. Minister, I thought Mr. Speaker, first of all, I wish to be associ- you wanted to go. No? All right. ated with the congratulations and various remarks I will take the Honourable Member, Mr. T. given already about yesterday, the parade and the Lister, from Sandys South. race, and to also congratulate Minister Minors on the race that she ran. Mr. Terry E. Lister: Good morning, sir. Mr. Speaker, I am going to ask that we send congratulations to the Government of Bermuda, The Speaker: Good morning, Mr. Lister. You have the through the Premier, on the fact that it, along with the floor. Permanent Bureau of the Hague Conference on Pri- vate International Law and the Commonwealth Secre- Mr. Terry E. Lister: Thank you, sir. tariat, actually hosted the first Hague Conference to Mr. Speaker, I too want to congratulate all of be held in Bermuda and, in fact, in the Caribbean those who took part yesterday and performed admira- area. The conference was on the work of the Hague bly. I also in that group want to congratulate my col- on private international law and its relevance to the league, Neletha Butterfield, the Honourable Member, Caribbean region and Bermuda, and it was an interac- who following in the tradition of the late Nelson Bas- tive training seminar in which attendees had the op- come, took part in the parade yesterday, danced portunity to actively exchange information and experi- around the city. Those of us who were fortunate ence with other jurisdictions. I wish to associate my enough to see her enjoyed it. colleague, Minister Blakeney. On a sadder note, however, I want to offer I also ask, Mr. Speaker, that we send con- condolences to the family of the late Keith Saltus, who gratulations to that gifted pianist and composer, young has recently passed. He will be funeralised on Tues- John Seymour, whose path to pursuing his musical day. Mr. Saltus is what I call an independent busi- dream has been like most of us, not a straight road. nessman, from Somerset, from a well-known family. Mr. Speaker, speaking from the wise-year age of 18, Worked extremely hard over the years, has been he is able to tell his peers that if they have a dream— struck down with illness over the last year or so, and and he knows that anything is possible if you put your unfortunately, passed this week. So I would like con- mind to it. He had his difficulties in school. He at- dolences to be extended to his family. tended CedarBridge. He had to complete his educa- Thank you, Mr. Speaker. tion through the Adult Education School, where he got a GED. But he has been accepted into the prestigious The Speaker: Thank you, Mr. T. Lister, the Honour- Berklee College of Music, and he hopes to go on from able Member from Sandys South. there to Juilliard and to achieve his dreams. Mr. I now recognise the Honourable Member, Speaker, perhaps some young person might listen Minister M. Bean, from Warwick South Central. better to his advice than they would to the advice Minister, you have the floor. coming from us elders. Mr. Speaker, I also ask that we extend con- Hon. Marc A. R. Bean: Good morning, Mr. Speaker, gratulations to CedarBridge Academy on the occasion and good morning, Honourable Members. of the creation of their Alumni Association, who are Mr. Speaker, I certainly would like to be asso- celebrating, I believe it is this weekend. (If it not this ciated with the condolences sent out to the family of House of Assembly 2124 25 May 2012 Official Hansard Report the late Maurice Pringle. Many Members in the House conference down at the Fairmont Hamilton Princess, will know that Mr. Pringle’s father is the former Com- and I congratulate all involved there. missioner of Prisons, Mr. Milton Pringle. Also, he I would also like to congratulate the Interna- leaves behind his mother, Mother Pringle, as I call tional Snooker League. I do not think this one has her, and Earl and Marcia, his brother and sister. Mau- been done. They recently concluded a tournament rice (as was Mr. Saltus) was struck down with an ill- which was started in 1974 and between the New York ness about a year ago. Over that year, he has been Athletic Club and the Old Colony Club of Bermuda. struggling to get himself back, and eventually he Since that time, it was officially started in 1975; it has started to get weaker and weaker I am told, and grown and grown and grown. It includes players from passed away earlier this week at a very young and all over Canada, Scotland, Ireland, New York Athletic tender age of 46. Club, and Bermuda. It has really become a worldwide Mr. Speaker, in addition to being associated event every year, and it moves each year to a differ- with all the remarks about yesterday’s wonderful pa- ent jurisdiction. They had a wonderful, wonderful week rade and road race and cycle race, in particular I down there. I would like to give congratulations. I would like to offer congratulations to the Pembroke know the company of the Honourable Member, Zane Hamilton Club (PHC) Majorettes. De Silva, is one of the sponsors. I know his sister is Mr. Speaker, over the last few weeks the very greatly involved with the organisation, as, in past Pembroke Hamilton Club has been subjected to the years, has been my brother Tyler, who has been one most vile anti-community comments and statements of the directors of the International Snooker League. that any community could possibly be going through. I would also like to again be associated with As the MP for that area I remained silent because I the condolences to the family of George Fisher, as knew, Mr. Speaker, that come yesterday, the proof mentioned by my honourable colleague, Grant Gib- would be revealed in the pudding! Mr. Speaker, once bons. He was a true Bermudian hero. He was shot in you were at the parade, you saw the strength and vi- both legs. He was held as a prisoner of war thereafter. brancy of the Pembroke Hamilton Club. You realised, He was a volunteer. He was a hero. I think a story to Mr. Speaker, that it is not about a house; it is actually be issued by the Maritime Museum will again under- about a home. And a home consists of the people. line the stories that have already been written about One thing Pembroke Hamilton Club has, Mr. this wonderful man. Speaker, is very community conscious people. So I Thank you, Mr. Speaker. think that their presentation in the majorettes, which certainly was the largest majorette group in the pa- The Speaker: Thank you, Mr. Moniz, the Honourable rade yesterday, deserves our congratulations. Never and Learned Member from Smith’s West. again should they deserve the ridicule that they have I now recognise the Honourable Member, Mr. received over the last few weeks. D. Tucker. Thank you, Mr. Speaker. The Honourable Member, Mr. D. Tucker, from Hamilton South, has the floor. The Speaker: Thank you, Minister Bean. I am going to take the Honourable and Mr. Darius D. M. Tucker: Good morning, Mr. Learned Member, Mr. T. Moniz. Speaker, and good morning, colleagues. Mr. T. Moniz, from Smith’s West, has the Mr. Speaker, I rise to be associated with the floor. remarks for the condolences for Maurice Pringle. Hav- ing gone to primary school with Maurice and known Hon. Trevor G. Moniz: Yes, thank you, Mr. Speaker. him after school, as we grew through life, Maurice was Just three short matters. One is: I would like a very nice young man. He would do anything for you. to be associated with the congratulations to the con- It is just unfortunate to see him pass at such a young ference on the Hague Convention. I had the pleasure age. That would be the second classmate that I will to attend some of the functions and a number of the have buried within a week, Mr. Speaker. lectures given. My one criticism perhaps was that the I would also like to be associated with the re- attendance might have been a bit better if there were marks for Mr. Carey, as I worked with him for numer- more publicity about it. They had some outstanding ous years on various different job sites as he was do- speakers. A lot of local lawyers took part in the pan- ing tiling and things of that nature there, Mr. Speaker. els. Thank you. A particular highlight for me was Professor David Hayton, who is now on the Supreme Court in The Speaker: Thank you, Mr. Tucker, the Honourable the Caribbean Court of Justice. He taught at my old Member from Hamilton South. college, King’s College London, for many years, some I now recognise the Honourable Member, Mr. 18 years, including serving as the dean. He was very N. Simons, from Smith’s South. inspirational at the conference. It was a very well-run Mr. Simons, you have the floor.

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Mr. Nelson H. Cole Simons: Thank you, Mr. I also would like to be associated with com- Speaker. ments made about our very own, the Honourable D. Mr. Speaker, I would like to associate myself Neletha Butterfield, WGE, MBE, JP, MP. I say that with the comments made in regards to the Bermuda because, despite all the titles and the officialdom, she Day activities. In addition, I would like to associate made sure that she was amongst her troupe that they myself with the condolences for the families of Mi- danced with, and she was sashaying with the best of chael Carey and Keith Saltus. them. She did not let anything inhibit her, and I saw Mr. Speaker, I would like to send condolences many pictures posted on Facebook with her. So she to the family of Mr. Willis Ming, who had an untimely certainly garnered a lot of attention, and I would ask passing earlier this week. He was a contractor and that she be commended for that. one of the old-type contractors, in that if anything went Thank you, Mr. Speaker. wrong in your home, you call Willis and he would be there. He did quality work, and he did it with pride, The Speaker: Thank you, Madam Premier. with passion. He had such a lively spirit. He had a Any further speakers? very, very successful career as a contractor, and I am We will move on. sure that he will be missed. So I would like to send condolences to his wife, Dorothy, a lovely lady, and MATTERS OF PRIVILEGE his daughters. Thank you, Mr. Speaker. The Speaker: There are none.

The Speaker: Thank you, Mr. Simons. PERSONAL EXPLANATIONS Any further speakers?

I now recognise Madam Premier. The Speaker: I recognise the Honourable and Madam Premier, you have the floor. Learned Member, Mr. S. Crockwell, from Pembroke West. Hon. Paula A. Cox: Thank you, Mr. Speaker. Mr. Speaker, I would like to join in asking that APOLOGIES TO HOUSE condolences be sent to the Carey family, especially to the PS, Mr. Wayne Carey. That was a very close-knit Mr. Shawn G. Crockwell: Thank you, Mr. Speaker. family. He was abroad on Government business when Mr. Speaker, I believe there is a misunder- he got the untimely news of his younger brother’s standing arising from the Motion to Adjourn last week. passing. I know it was devastating not just to him, but Mr. Speaker, when you adjourned the House to the entire family. So I certainly would like to be as- last week, there were Honourable Members who took sociated with that. to their feet from the OBA, and I was not sure, Mr. I would also like to ask that this House join Speaker, whether or not you were going to recognise with me in associating my comments and compli- them so that they could address you. Therefore, I kept ments to the people of Bermuda in how they were my seat. I understand, Mr. Speaker, that you viewed able to enjoy without a care in the world yesterday’s this as being disrespectful. Bermuda Day. I would also ask again to be associated I can assure you, Mr. Speaker, that was not with the compliments sent to the Minister, the Hon- my intention. And I apologise to you for any misunder- ourable Patrice Minors, and her team, Mrs. Tannock, standing. Thank you, sir. [and] the Director, Ms. Whalen. Their team worked flat-out to make it work. Even though the weather was The Speaker: Thank you, Mr. Crockwell, the Honour- not as accommodating as one might have liked, there able and Learned Member from Pembroke West. was never any question as to the fact that the show I recognise the Honourable Member, Mr. D. must go on. Hunt, from St. George’s South, I believe it is. Mr. Speaker, let me also say and commend to Mr. Hunt? Members of this Honourable House, in addition to Minister Minors, the Honourable Member, and Minis- Mr. Donte O. Hunt: Thank you, Mr. Speaker. ter Zane, who ran, I think we have to also acknowl- I, too, rise to my feet to address the misun- edge the work of the Honourable Member, Mr. Dennis derstanding that happened at last week’s Motion to Lister. Once he stopped running the marathon, he has Adjourn. continued to celebrate and salute our young people. Mr. Speaker, last week at the Motion to Ad- He does this by hosting a youth (I suppose you would journ, many of us were caught by surprise. I stayed call it) run. I was glad to be able to join him in handing seated ready to proceed with what I thought was a out prizes yesterday morning. I think that it is some- foregone conclusion, that being the continuation of the thing that our young people look forward to. Many Motion to Adjourn, as other Members in the House past winners of that have gone on to run in the mara- also stood to their feet ready to speak. thon. House of Assembly 2126 25 May 2012 Official Hansard Report

Apparently, Mr. Speaker, my judgment, as Bermuda Economic Impact Survey results and en- well as of others’ in the House, other Honourable dorse the sterling efforts of the Government to not Members, was incorrect. Whether standing or sitting, only provide jobs for Bermudians, but to stimulate Members were confused and dismayed. growth in the IB [international business] sector and in At any rate, Mr. Speaker, I stand to offer my Bermuda generally. apology for the misunderstanding that occurred during Thank you, Mr. Speaker. last week’s Motion to Adjourn. There was absolutely The Speaker: Thank you, Minister Minors. No leave no disrespect intended to you, Mr. Speaker. of the House is required.

The Speaker: Thank you, Mr. Hunt. ORDERS OF THE DAY In the words of Alexander Pope, “To err is human, to forgive is divine.” All is forgiven. The Speaker: That brings us to the Orders of the Day. The first Order of the Day is the Second Read- Mr. Donte O. Hunt: Thank you, Mr. Speaker. ing, the Marine Board Amendment Act 2012, in the name of the Minister of Transport, Minister D. Bur- The Speaker: Thank you, Honourable and Learned gess. Member, Mr. S. Crockwell, and the Honourable Mem- Minister Burgess has the floor. ber, Mr. D. Hunt. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. NOTICE OF MOTIONS FOR THE Speaker. ADJOURNMENT OF THE HOUSE Mr. Speaker, I move that the Bill entitled the ON MATTERS OF URGENT Marine Board Amendment Act [2012] be read the PUBLIC IMPORTANCE second time.

The Speaker: Any objection? The Speaker: There are none. Agreed to.

INTRODUCTION OF BILLS [Gavel]

The Speaker: I now recognise Madam Premier. The Speaker: Carry on, Minister. Madam Premier has the floor. SECOND READING FIRST READING MARINE BOARD AMENDMENT ACT 2012 GOOD GOVERNANCE AMENDMENT ACT 2012 Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Hon. Paula A. Cox: Thank you, Mr. Speaker. Speaker. I am introducing the following Bill for its First Mr. Speaker, the purpose of the amendment Reading, the Good Governance Act 2012. I ask that it before the House today is to revise the licence re- be set down for the next day of meeting. newal date for local passenger carrying vessels that fly in territorial waters for hire and reward. Mr. The Speaker: So ordered. Speaker, the passage of the amendment under con- No leave of the House, under Standing Order sideration in this Honourable House, the Marine Board 28, is required. Amendment Act 2012, serves to repeal section 77(3) of the Marine Board Act 1962, and leads to the re- NOTICES OF MOTIONS quirement that the licensing of Island boats now occur th by the 30 of April each year, as opposed to the cur- The Speaker: I now recognise the Honourable Mem- rent date, on the last day of December. ber, Minister Minors, from Smith’s North. By now establishing that the inspection and li- Minister Minors? censing of the Island boats occur by the end of April in each year, it is widely recognised by the tour boat in- SEVENTH ANNUAL ABIR BERMUDA ECONOMIC dustry and Government regulators alike that the in- IMPACT SURVEY dustry will have a more realistic time to prepare their vessels in the winter months and be inspected in a Hon. Patrice K. Minors: Thank you, Mr. Speaker. ready state ahead of the natural start of the summer I give notice at the next day of meeting I pro- tour season. pose to move the following Motion: That this Honour- This date change will similarly assist the De- able House take note of the Seventh Annual ABIR partment of Marine and Ports to better manage the [Association of Bermuda Insurers and Reinsurers] licensing of Island boats, while also preparing for the House of Assembly Official Hansard Report 25 May 2012 2127

recreational boat and mooring re-registration period which will now occur at the end of May. The Speaker: Thank you, Mrs. Gordon-Pamplin, the Mr. Speaker, it is expected that the licensing Honourable Member from Paget West. date change will enable the department’s boat and I now recognise the Honourable Member, Mr. mooring section to continue at the current staffing lev- C. Swan, from Southampton West Central. els while continuing to perform various other duties Mr. Swan, you have the floor. associated with the processing of docks and marine Mr. Charles F. B. Swan: Thank you. Thank you, Mr. filing applications, the regulatory oversight of the re- Speaker, and good morning. sort diving industry and the handling of small boat Yes, we have no objection to this at all, Mr. rack removals from inshore coastal areas. Speaker. There are a couple of questions that came Another key aspect of their work on the water across my mind. is enforcement work associated with all those items, in I concur with the previous Honourable Mem- order to safeguard passengers carried for hire on ber’s comments to do with boat owners and the grace small boats by undertaking random safety inspections period, and tying the licensing now into the registra- to preserve Bermuda’s coastal areas and waterways tion all around the same period. It just makes sense. from negligent boat owners who allow their boats to One of the questions I have is, you know, lots sink, resulting in a navigational safety hazard and of people have boats. Bermuda is a boating country. I general eyesore, as well as the section’s officers de- know that the Department of Marine and Ports is . . . tecting illegal activity at foreshore areas and identify- or the Marine Board seeks to control boats for hire. ing cases where boats and moorings have not been One of the questions I had is, What types of hire boats proportionally registered, which further impacts on are there? Or what types of licences (is more the annual Government revenues established under the question I would like to pose)? If staff are in the law. House, they might be able to answer that. Mr. Speaker, this amendment will also take into account any licence renewed before the coming [Inaudible interjection] into operation of this Bill, such that it remains valid th until the 30 of April 2013, thereby accommodating Mr. Charles F. B. Swan: Well, it is not based on the this date transition and without penalising Island boat size of boat. It is the type of licence, whether it is for owners, who may have already had their boats appro- 100 people or 200 people or 6 people and that type of priately inspected and licensed. thing. The public might like to know that. Thank you, Mr. Speaker. The other question I have, Mr. Speaker, was, private owners have boats and may take friends or The Speaker: Thank you, Minister Burgess. family. I just wondered how that is viewed by the Ma- Any further speakers? rine Board. I will take you fishing, and you pay for I now recognise the Honourable Member, some gas, or that type of thing. One does not need a Mrs. P. Gordon-Pamplin, from Paget West. licence for that, I assume. But is the aim of the board Mrs. Gordon-Pamplin, you have the floor. to perhaps bring all boats into . . . If you are going to get any reward for taking people out, whether they be Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. friends, family or what have you? Speaker. Mr. Speaker, we have no objection to this An Hon. Member: Fuel is no reward. amendment as the Minister has put it today. I think that the boat owners who have already had their craft Mr. Charles F. B. Swan: Well, it is. The actual legisla- appropriately licensed as of December 31 would be tion is; boats to ply for hire or reward. Anyway, that is appreciative of the extra four months grace between just a question I would like to put out there, Mr. the expiry of their present licence at 12/31/2012 that Speaker. will extend to 4/30/2013. Can I get a licence for my boat for hire or re- I think it is important that the whole process of ward? I know there are things one has to meet. But it both the collection of Government revenues and the might encourage— paperwork that is required for the effective licensing of vehicles is done as efficiently as possible. To have a The Speaker: You have a pleasure boat, do you? date that coincides with ensuring that a vessel is sea- worthy and has been inspected and is ready for . . . Mr. Charles F. B. Swan: If I did. It might encourage a These are vehicles that are plying for trade with the lot of people to get licences, Mr. Speaker. public. To know that this is being harmonised (as it Anyway, those are my questions. Like I said, were) with this particular amendment Act is something we have no objection to this amendment. that we certainly fully support, and we have no further Thank you, Mr. Speaker. comments regarding that. Thank you, Mr. Speaker. The Speaker: Thank you, Mr. Swan. House of Assembly 2128 25 May 2012 Official Hansard Report

I now recognise the other Swan, from St. Many times, as I have said in my Statement, some of George’s West, Mr. H. Swan. these owners let the boats sink, creating eyesores. Mr. H. Swan has the floor. This is one of the duties that our people, our workers, have to try to sort out. Hon. Hubert (Kim) E. Swan: Thank you, Mr. But normally, a mooring is in someone’s Speaker. Thank you, Mr. Speaker. name, and sometimes probably what happens, some- Mr. Speaker, I felt duty bound to say one or one will sell a moorings without getting the proper two words on this particular Marine Board Amendment name change. If it is in my name, and I sold it to the Act, as it speaks to a subject that is near and dear to Honourable Member, Pat Gordon-Pamplin, and did many constituents of mine, being a boating commu- not make the necessary . . . we both did not do the nity with one of the nicest harbours where people necessary transactions with the Ministry, then it is still choose to moor their boats. in my name, although she may claim it. In the spirit of this legislation coming forth to- So, we encourage people to do it right. They day, Mr. Speaker, I respectfully ask if the Minister . . . have got to do it right, to help us out. As you can as- and not today, as the Minister is not necessarily aware certain, it is not a very easy job, having over 5,000 of this. It is a technical issue that deals with boats and moorings. their registration and the nuisance that exists with re- As far as classes of boats, we have a class gard to who might in fact own some of the moorings “A.” We have got about 8,367 class “A” boats. We that exist in some of the harbours. have got 4,399 class “B” boats. Those are boats with I believe in some respects it almost can very no engine, right? Then we have 168 class “C” boats; easily become a very (let us say) vexatious situation, those are charter boats. We have 464 rental boats on but could lead to blows. And we would not want that to file. Then we have got 101 Government vessels. So, happen. I have been made to understand that there Mr. Speaker. may need to be some legislation to assist Marine and Ports and the authorities to be able to sort out these [Inaudible interjection] matters. I can speak of one particular case, which I Hon. Derrick V. Burgess, Sr.: For hire . . . well, we would not . . . I will only make reference to it. But, Mr. have charters there. We have 400-and . . . If you want Speaker, there are circumstances in Bermuda with the to buy a boat, sir, and hire it, then you just have to go many boat owners where two people might claim see our department and they will guide you accord- ownership of a particular moorings, one of which who ingly, and you can put your 100-foot rental on this Is- might be actually paying the moorings fee on a regular land and rent it out to whomever you may want. basis. With age-old disputes going back, the marine Mr. Speaker, I move that clauses 1 through 3 police and Marine and Ports are unable to resolve be moved all at once. these matters. I would hope that if legislation is required, that The Speaker: Would that be going to Committee? with some talk with his technical officers and the like, quite hopefully that we might even see before the Hon. Derrick V. Burgess, Sr.: Yes. I am sorry. I close of play for the summer an amendment that move that—yes, yes. Yes, that the Bill be committed. I would assist us resolving some of these vexatious am sorry. situations that I know are occurring in the community before they get out of hand, Mr. Speaker. [Inaudible interjections] Thank you for allowing me to address this Mo- tion, Mr. Speaker. The Speaker: It was a holiday yesterday. I under- stand. The Speaker: Thank you, Mr. H. Swan, the Honour- Hon. Derrick V. Burgess, Sr.: Yes, it was. But I did able Member from St. George’s West. He got all of not partake of— that in. Any other speakers? The Speaker: Is there any objection? The Minister in charge, Minister Burgess, has Agreed to. the right to reply. Minister? [Gavel]

Hon. Derrick V. Burgess, Sr.: Thank you, Mr. The Speaker: Will the Honourable Member, Mr. K. H. Speaker, and I thank my colleagues on the other side Horton, from Southampton West, please take the for their useful contributions. Chair of Committee. As far as moorings are concerned, moorings are . . . (One second—one second; I just misplaced [Inaudible interjections] my stuff.) We have about just over 5,000 moorings. House of Assembly Official Hansard Report 25 May 2012 2129

The Speaker: He wants to get going. know that certain vessels are subject to duty, predi- cated upon the use of the vessel. House in Committee at 11:53 am There are certain preferential rates, and sometimes duty is suspended and the like. The ques- [Hon. K. H. Randolph Horton, Chairman] tion that I have is that, with the licensing of a boat there are times when the licence, which prescribes COMMITTEE ON BILL certain conditions, is being circumvented in which people are using it (let us say, the for hire on which MARINE BOARD AMENDMENT ACT 2012 duty has been suspended) for personal reasons and the like. I am just curious as to what level of oversight The Chairman: Thank you, Members. We are in we are conducting to ensure that the licence holders Committee to discuss the Marine Board Amendment are acting in good accord with the terms and condi- Act 2012. Minister Burgess is looking to move very tions that the licence prescribes. quickly. He wanted to move even faster than that. Outside of that, I have no question. The Minis- Minister Burgess, you have the floor. ter may or may not have an answer. I am quite happy if he could get the answer, because it is a question Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Chair- and a concern that has been expressed. Outside of man. that, we have no objection. Mr. Chairman, I would like to move clauses 1 Thank you. through 3 all at once. The purpose of this Bill . . . I am sorry. The Chairman: Thank you, Member. The Honourable and Learned Member, Mr. The Chairman: Yes. There is no objection to that. So Trevor Moniz, you have the floor. carry on, Minister. Hon. Trevor G. Moniz: Thank you, thank you, Mr. Hon. Derrick V. Burgess, Sr.: The purpose of this Chairman. Bill is to amend the Marine Board Act 1962 so as to This is a bit of a technical question. I am sit- change the licence renewal period for Island boats ting where the Honourable Member, John Barritt, used from December to April in order to align the annual to sit, so I will ask a bit of a technical question here. I licensing process with the start of the summer season see the technical officers are in the Speaker’s Gallery, when the boats are hiring and for when boat season including Mrs. Balfour Swain. The wording, to me, typically commences. raises a slight question. Clause 1 provides the citation for the Bill to be The wording says, section 77(3), “A licence known as the Marine Board Amendment Act 2012. shall be renewable as the Minister sees fit during the Clause 2 amends section 77 of the Marine month of April in every year. . .” Board Act 1962 by replacing subsection (3) in order to To me, I do not see what the words “as the provide for a new renewal period commencing in April Minister sees fit” . . . I do not know what that means. of every year. The Minister obviously has to act according to law. To Clause 3 provides that any licence renewed me, the licence is not renewable in April; it is that the period for which one licences one’s boat is from the 1st before the coming into operation of this Bill shall ex- th pire on the 30th of April 2013. of April of one year until the 30 of April of the follow- Thank you, Mr. Chairman. ing year. Now, you might be allowed to licence it for st The Chairman: Thank you, Minister. that period before the 1 of April, like with your car Is there any Member who would care to you are allowed to licence it up to three months before speak? the period starts. Or if you forget to licence it, you might licence it in June or July, but you still have to I recognise, first, the Honourable Member st th Gordon-Pamplin, from Paget. pay for the period 1 of April to 30 of April—

Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. The Chairman: The whole year. Chairman. Mr. Chairman, we have no objection, as I Hon. Trevor G. Moniz: For the whole year. mentioned when we were in the [House], with respect So I am not sure . . . I am not quite under- to this Bill. standing. It says, “A licence shall be renewable as the But I do have one question, and that is with Minister sees fit during the month of April . . .” I think it needs to say it should be renewable for the period 1st respect to the actual period of the licence, and th whether in fact there is any active oversight to ensure of April of one year till the 30 of April the following that people who hold these licences conform with the year. intent of the overarching legislation inasmuch as we House of Assembly 2130 25 May 2012 Official Hansard Report

I do not think that the words “as the Minister Act since 1962. It is no change. It is as it was then as sees fit” really add anything to it. The licence is either it is now. We just left it as it was. Yes, yes. renewable according to the rule and the law or it is not. I do not know whether . . . It implies that there is The Chairman: Right. “As the Minister sees fit.” some huge amount of ministerial discretion. I am not sure what the ministerial discretion is in that. Hon. Derrick V. Burgess, Sr.: Yes. Mr. Chairman— So perhaps if the Minister could address that. Thank you. [Inaudible interjection]

The Chairman: Okay, thank you, Honourable Mem- Hon. Derrick V. Burgess, Sr.: Oh, I am sorry. ber. Honourable Minister—oh, sorry. Hold that The Chairman: Have you finished, Minister? question, Minister. I will recognise the Honourable Member Hon. Derrick V. Burgess, Sr.: Yes. Charles Swan, from Southampton West Central, I be- lieve. The Chairman: Okay. I recognise now the Member Gordon-Pamplin from Paget. Mr. Charles F. B. Swan: Yes. That is correct, Mr. Chairman. Thank you. Mrs. Patricia J. Gordon-Pamplin: Thank you. I think My questions, I imagine, are a little technical, the Minister was probably trying to move the clauses, too. But— and I just have a slight un-readiness with this.

The Chairman: It’s a technical question. The Chairman: Go ahead.

Mr. Charles F. B. Swan: And this is on the last bit, Mrs. Patricia J. Gordon-Pamplin: Because I believe clause 3 of the amendment. It says, “A licence that the comment made by my honourable colleague indi- was renewed under” (and we talked to this in the gen- cating that the “licence shall be renewable during the eral debate) “section 77(3)” (if it was renewed) “before month of April” in every year is perhaps a misnomer, the coming into operation of this Act . . .” Now, would or it is not accurately stated. Because, as highlighted, the Minister know or be aware of what happens with the licence could be renewed. Presumably there is a licences if they are not renewed year to year? grace period. I believe it should be for the period April I am thinking of someone perhaps who had a 30 through April 30, as opposed to saying that it has licence that ran out last year, or December 2010, at to be done during that month. that point. Then all of a sudden, they come back in As the Minister would be aware, as my hon- last year, June, and want to get that licence renewed. ourable colleague indicated, with respect to motor ve- They will have the benefit . . . I would like to know if hicles you have a three-month period prior to the ex- there is a figure on the number of, if there any cases piry of your licence within which you are permitted to like that, how many there are. That is all. Thank you. reregister your vehicle. Does the same obtain, or are we saying that we will only entertain the month of The Chairman: Okay, thank you, Mr. Swan. April? Because that is what this legislation is saying, Honourable Minister, it does not look like that the licence shall be renewable during the month there is anyone else who would care to speak, so if of April in every year. you would like to address the questions. So I think if we are able to be more specific to say it is for the period of, it would be far more accurate Hon. Derrick V. Burgess, Sr.: Yes. and therefore it would enable boat owners to come a If a boat is not renewed, it means they are not month before and have their inspections. licensed. If they are still operating, they are operating The one thing we do not want, in the efficacy illegally. of conducting the oversight of the licence and registra- If one is using a boat for personal use instead tion process, we do not want everything bottleneck- of what they got it licensed for, I do not know if there is ing— any violation for that. I can check into that and try to supply— The Chairman: In April?

An Hon. Member: An undertaking. Mrs. Patricia J. Gordon-Pamplin: —in April. That is the whole purpose of moving away in the vehicle reg- Hon. Derrick V. Burgess, Sr.: Yes. As far as the ob- istration to have it appended to a birthday. servations from Trevor Moniz, the Honourable Mem- So we understand the intent of having things ber Trevor Moniz, [what] he said, that has been in the done in April, by April, for April, but there must be a period leading up to April during which people are House of Assembly Official Hansard Report 25 May 2012 2131 able to register their vehicles. I believe it ought to be MARINE BOARD AMENDMENT ACT 2012 reflected in the wording, as opposed to right now, which is saying it can be done, must be done during The Speaker: Is there any objection to the Report of the month of April and April only. the Committee as printed? So I think that that needs to be considered, Agreed to. and the Minister needs to give a response to that. Thank you. [Gavel] The Speaker: The Minister will respond to that, I am The Speaker: That brings us to the next Order on the sure. Order Paper, Order No. 2, Second Reading, the Na- Minister? tional Pension Scheme (Occupational Pensions) Temporary Amendment Act 2012, in the name of Hon. Derrick V. Burgess, Sr.: Now it brings to light Madam Premier. why the wording “sees fit” in there. That is when the I now recognise Madam Premier. Madam Minister can set the dates with a notice in the news- Premier has the floor. paper. If he sees fit it should start in March or Febru- ary, that is what the Minister will do. That is what it Hon. Paula A. Cox: Thank you, Mr. Speaker. means. Mr. Speaker, I move that the Bill entitled the National Pension Scheme (Occupational Pensions) The Chairman: All right. All right, Minister. Temporary Amendment Act 2012 be now read the second time and committed. Hon. Derrick V. Burgess, Sr.: Thank you, Trevor. The Speaker: Any objection? The Chairman: Good job, Minister. Agreed to.

Hon. Derrick V. Burgess, Sr.: Mr. Chairman, I move [Gavel] the Preamble, and I would like to move that the Bill be reported to the House. The Speaker: Carry on, Madam Premier.

The Chairman: All right. Just first, Minister, we want SECOND READING to move all clauses. All those in favour of clauses 1 through 3, NATIONAL PENSION SCHEME (OCCUPATIONAL please say Aye. PENSIONS) TEMPORARY AMENDMENT ACT 2012

AYES. Hon. Paula A. Cox: Mr. Speaker, Honourable Mem- bers will be aware that the National Pension Scheme The Chairman: The Ayes have it. (Occupational Pensions) Act 1998 provides for the Minister, you can move the Preamble now. establishment, administration and regulation of private occupational pension plans for Bermudians. The Act Hon. Derrick V. Burgess, Sr.: Mr. Chairman, I move became operational on the 1st of January 2000, and that the Bill be reported to the House. regulations were introduced in 1999 and 2000 to pro- vide for such matters as registration of plans, plans for The Chairman: Thank you, Minister. It will be re- self-employed persons and pension fund investments. ported to the House. Mr. Speaker, Honourable Members will recall that in the 2010/11 National Budget, the Government [Inaudible interjection] announced it would amend the Occupational Pen- sions Act to allow for a voluntary suspension of em- The Chairman: I understood that there were no Nays. ployee and employer contributions for the period of one year beginning in 2012. Mr. Speaker, ensuring [Motion carried: The Marine Board Amendment Act adequate, secure and sustainable pension provisions 2012 was considered by a Committee of the whole for our people is an important feature of our Govern- House, approved without amendment, and will be re- ment manifesto. This temporary action should in no ported to the House.] way question the Government’s commitment to this mandate. It is important, however, to sustain jobs as House resumed at 12:05 pm our economy heads towards recovery. There was a time not so long ago when companies did not have to [Hon. Stanley W. Lowe, Speaker, in the Chair] provide pensions to their employees. Now they do. However, we must recognise that employers are un- REPORT OF COMMITTEE der pressure, and we must reduce pressures on com- panies that will cause them to shed jobs. House of Assembly 2132 25 May 2012 Official Hansard Report

This is a temporary measure that will provide Mr. Speaker, employers must give written no- short-term relief to employers and provide additional tice to the administrator of a plan of any proposed income to employees. Additional income to employ- suspension of contributions. It is also important to ees provides some stimulus. Stimulus certainly can note that members and employers who wish to con- lead to growth and create jobs, and that is what our tinue making contributions throughout the one-year economy needs. This is voluntary, and employers and term may continue to do so. employees can still contribute to their funds if they Another participatory condition is that eligibility wish. in pension plan membership will be continued during This amendment will also complement the fi- the suspension period even if contributions are sus- nancial hardship provisions introduced to assist needy pended. employees in managing their financial affairs. If the Mr. Speaker, to participate in the suspension, suspension of contributions is taken up across the businesses must be up to date with their contributions, private sector, it can provide both relief and stimulus which is to avoid compounding any existing non- to families and businesses. The stimulus will be gen- compliance with the Act. Mr. Speaker, the Ministry of erated if some of the savings is converted to con- Finance has consulted with the Pension Commission, sumer spending in the local economy and business the plan administrators and the Bermuda Employers investment in infrastructure and improvements. Council. We certainly would like to thank them for their Mr. Speaker, this action will supplement the invaluable input. The proposal is sensible and is in- monies already given in continued stimulus via payroll tended to ease financial burdens on employers and tax rollbacks and other tax relief. employees. If taken up, it can also stimulate the la- Before going into the specifics of this amend- bour market by providing payroll savings which could ment, I would like, Mr. Speaker, to share with Honour- be used to retain employees or make other meaning- able Members information relating to the current ful business investments or expenditures. status of occupational pension plans in Bermuda. Ac- Thank you, Mr. Speaker. cording to statistics provided by the Pension Commis- sion, as of February 2012, there were estimated to be The Speaker: Thank you, Madam Premier. 25,000 plan members. Of this, 2,928 were employer Any further speakers? plans, and of this number, 2,906 were defined contri- I now recognise the Honourable Member, Mr. butions and 22 were defined benefits. E. Richards, from Devonshire East, Shadow Minister The amount of assets held in the plans were of Finance. approximately (US) $1.5 billion. There were also 427 Mr. Richards has the floor. self-employed plans; (US) $267 million of assets in domestic prescribed retirement products; and ap- Mr. Everard T. (Bob) Richards: Thank you, Mr. proved through third-party plan administrators, there Speaker. are six. There are 11 financial institution pension Mr. Speaker, here we are again with a similar plans registered, which contain the majority of all plan motion and action to try to address this problem. I members. have lost track, but I am sure it is more than the third Mr. Speaker, the pensions provided under the time that we are discussing some kind of relief from National Pension Scheme (Occupational Pensions) pension obligations. Act 1998 represents the second pillar of Bermuda’s I guess it is the sign of the times, Mr. Speaker. pension arrangements. The first pillar is the basic While I am not going to repeat speeches I gave in the pensions received from our social insurance scheme, past about the importance of pension plans—you will the contributory pension fund. Bermuda is one of the probably be relieved to know that I am not going to few jurisdictions in which the provisions of occupa- repeat that speech. tional pension plans is mandatory. Compared to most developed countries, the provision of pension plans by An Hon. Member: Let me hear it. the private sector is very high, as nearly all Bermudi- ans and their spouses who are employed have a pri- Mr. Everard T. (Bob) Richards: Do you want to hear vate sector pension plan. it? Okay. Today’s Bill, Mr. Speaker, provides for the voluntary suspension of employee and employer pen- The Speaker: At least not in total. sion contributions for a 12-month period. This oppor- tunity to suspend pension contributions is also ex- Mr. Everard T. (Bob) Richards: Not in total. tended to self-employed persons under the same But it is clear that the objective . . . Somebody conditions. Participation is voluntary and is subject to once said when they saw an elderly person with a agreement by the employer and member. Also, as a walking stick and having difficulty walking around, and matter of policy, if a union agreement exists that some younger person said, You know, if we are lucky, speaks to agreed pension plan contributions, that we will be like that guy. In other words, if we are lucky, relevant union’s agreement is also required. we will still be alive when we are in advanced years. House of Assembly Official Hansard Report 25 May 2012 2133

The issue that we are having here with pen- because companies are struggling and individuals are sions, of course, is that it is okay to live long, but it is struggling. So they will have a little bit of extra money not okay to outlive your money. This is the issue be- in their pocket and be able to perhaps buy things that fore us today, the issue before us being short-term— they otherwise might not have been able to buy. hopefully, anyway—short-term problems being ad- We have seen it, Mr. Speaker. I have been dressed at the expense of long-term solutions. approached on numerous occasions by people who Having said that, I understand that if you do just needed help with groceries and that type of thing. not take care of short-term problems, there may not Many of them were seniors who are not working. So be a long term; certainly, there may be no long-term there was one question. What does the Finance Min- solutions. So short term is very important. I under- ister see happening for people in that particular cate- stand—I would say I reluctantly understand—why we gory who are not working and really— have to do this. As I said, it seems to have come to us in pieces, Mr. Speaker, because I have . . . My mem- The Speaker: This is about pensions. ory is not very good in terms of how many times we are looking at some kind of relief from pension obliga- Mr. Charles F. B. Swan: I know, I know. I know, Mr. tions, but this is at least the third time, maybe the Speaker. fourth time that this has come to us in the last, say, The other thing I wanted to just bring up here two years. was, the Minister gave some statistics. There were Having said all that, we do not object to it, 25,000 individuals, 2,906 defined contribution plans because we understand that there is hardship out and 22 defined benefit plans. The defined contribu- there. The Government is trying to address the hard- tions, obviously, what you get at the end of it is based ship that is out there as it relates to the difficult eco- on what has been put in it over the years. So people nomic conditions we have in Bermuda. have to understand that when it comes time for their Just a couple of questions on this Bill before pension down the road, it is not going to be as much us. It relates to the arrears that . . . I would like the as it might have been if it has been suspended for any Minister to cast her mind onto this one. There is a period of time. With the defined benefit there is no clause here about what happens when people are in effect at all. People are going to get what they get arrears. I just wanted to know how many employers even though contributions have been suspended. So, are in arrears in their pension scheme and if the Min- it is pushing some costs up that are going to be de- ister could inform us, by how much? If there is any layed, to my country mind, down the road. sort of quantification of the amount of arrears, is it a I just wanted to point those things out. I do not big problem or is it just incidental? Also, what are the . have a problem with the actual legislation itself, and . . I am not sure that we know about the penalties that we agree with it, Mr. Speaker. I do have one question. will accrue from people being in arrears. It is to do with the suspension period. So, the whole issue of the size of the arrears, The ‘interpretation” here says, “‘[suspension] the amount of the arrears, the number of people, period’ means the period of 12 months beginning with number of employers that are involved and the penal- the commencement date appointed under section 10.” ties that will accrue from employers being in arrears is Section 10 states there will be a suspension period in something that I think we would like to be informed of. their local Gazette. I imagine that this 12-month period Thank you. is something that is flexible. Will it be a fixed 12 months, or will the suspension period perhaps have to The Speaker: Thank you, Mr. Richards, the Honour- be extended? And what happens then? Is that by no- able Member from Devonshire East, Shadow Minister tice in the Gazette, or will it have to come back to this of Finance. House? I now recognise the Honourable Member, Mr. Anyway, those were the two things, the cou- C. Swan, from Southampton West Central. ple of things that I wanted to point out, Mr. Speaker. Mr. Swan, you have the floor. But we do support the legislation. Thank you. Mr. Charles F. B. Swan: This is an attempt to allevi- ate hardship on the part of not just people, but busi- The Speaker: Thank you, Mr. C. Swan, the Honour- nesses as well. It has come at a stage in Bermuda — able Member from Southampton West Central. let us call it the recession—where we do not see any I now recognise the Honourable Member, way out of it just yet. So we do not know how long we Minister G. Blakeney, from Devonshire North Central. are going to be in it, Mr. Speaker. So, any measures Minister, you have the floor. that are going to . . . I see this as not evading, but companies and/or employees by agreement will not Hon. Glenn A. Blakeney: Thank you, Mr. Speaker. have to make pension contributions. So it might free I am not going to be too long. I just wanted to up a little bit of money for people to spend or what make a short contribution. I think this is again indica- have you. I imagine that is the aim, part of the aim, tive of a Government that responds to the challenges House of Assembly 2134 25 May 2012 Official Hansard Report of the day in a very common sense way that helps. So going to allow enough time for pension administrators that would equal, for lack of a better term, a stimulus. to get their own houses in order. This kind of stimulus gives flexibility. It also has cave- Mr. Speaker, I think it is also important to note ats with regard to it being a cooperative measure be- that the Pension Commission has had some real suc- tween the employer and the employees. cess in terms of before the courts and in terms of pur- The other thing of note, I believe, Mr. suing civil remedies to get people back into compli- Speaker, is that for the younger employees in the ance and encourage them to do so. So with those country, it could be a very welcomed relief in compari- comments, Mr. Speaker, may I suggest that we now son to those that might be a little closer to retirement move to Committee. age, where there may not necessarily be the kind of Thank you. enthusiasm as far as any relief is concerned because they are going to, obviously, be looking forward to The Speaker: Is there any objection? their retirement and their pension benefits. But for that Agreed to. younger employer, it may not have the kind of impact that the last speaker, the Honourable Member, pretty [Gavel] much alluded to, because over time we really do not know, but we would, being optimistic, believe that cir- The Speaker: Will the Honourable Member, Mr. K. cumstances will change for the better. With the incre- Horton, from Southampton West, please take the mental opportunity for upward mobility, as well as in- Chair of Committee. crease in salaries and benefits, there may not be the kind of impact on that younger pensioner when they House in Committee at 12:26 pm do get to the age of retirement. So as an interim, over a year, strategic ap- [Hon. K. H. Randolph Horton, Chairman] proach to stimulating the income in the financial situa- tion of those that would be able to take advantage of COMMITTEE ON BILL it, in co-operation with an employer, I think makes imminent sense. So I take my hat off to the Finance NATIONAL PENSION SCHEME (OCCUPATIONAL Minister and her able team in the Finance Ministry for PENSIONS) TEMPORARY AMENDMENT ACT 2012 not just thinking out of the box, but doing it in such a way that is flexible—flexible both for the employer as The Chairman: Thank you. Honourable Members, we well as the beneficiary employee. are here to discuss the National Pension Scheme So with those few words, I will take my seat (Occupational Pensions) Temporary Amendment Act now, Mr. Speaker, and thank you for allowing me the 2012, but recognising the time of 12:26, Honourable time to contribute to this. Premier, would you like to make a decision on what we might do? The Speaker: Thank you, Minister G. Blakeney, the Honourable Member from Devonshire North Central. Hon. Paula A. Cox: Mr. Chairman, that is sensible. I Any further speakers? would like to move that the House do now adjourn for No further speakers. lunch. Madam Premier has the right to reply. Madam Premier? The Chairman: Thank you, Premier. The House will now adjourn for lunch. Hon. Paula A. Cox: Mr. Speaker, thank you very much. Proceedings suspended at 12:27 pm Let me thank Honourable Members for their support. I think everybody appreciates that at this time Proceedings resumed at 2:00 pm the cost of living and expenses are causing people some real concern. This is one area to help both in [Hon. K. H. Randolph Horton, Chairman] terms of on the individual level and also at the busi- ness level. It is a temporary relief and short-term rem- COMMITTEE ON BILL edy in order to give people some wiggle room and businesses some wiggle room. It was key, though, for NATIONAL PENSION SCHEME (OCCUPATIONAL there to be consent by both parties. So it cannot be PENSIONS) TEMPORARY AMENDMENT ACT 2012 used to strong-arm either party.

In terms of the questions that are asked, in [Continuation thereof] terms of the numbers, there are about 664 employers that are currently delinquent. In terms of the time to The Chairman: Good afternoon, Members. come back, there is no need to come back to the We are in Committee for the National Pension House once it has been gazetted. We certainly are Scheme (Occupational Pensions) Temporary House of Assembly Official Hansard Report 25 May 2012 2135

Amendment Act 2012 in the name of the Honourable Clause 5 deals with the suspension of contri- Premier, Premier Paula Cox. butions defined benefits. It applies to the defined ben- Premier Cox you have the floor. efits plans and provides that the employer may sus- pend all employer normal costs and employee contri- Hon. Paula A. Cox: Thank you, Mr. Chairman. butions in respect of the suspension period. No Mr. Chairman, I would now like to move the agreement is required unless the member is a mem- clauses 1 through 10, inclusive. ber of a union. Subsection (6) provides that a member’s ac- The Chairman: All right. Thank you, Premier. crue of service and membership in the plan continues The Premier would like to move clauses 1 in respect of the calculation of the member’s benefits through 10. Are there any objections to that? and for all other purposes, notwithstanding any sus- There are no objections, so Madam Premier pension of contributions in respect of the suspension please carry on. period. Now there is no agreement required for a de- fined benefit plan as the employer makes up any Hon. Paula A. Cox: Thank you, sir. shortfall in the plan and the defined benefit plan mem- Clause 1 is self-explanatory, the name of the ber is really getting a windfall if the employer ceases Bill, National Pension Scheme (Occupational Pen- all contributions, as the members still have service sions) Temporary Amendment Bill 2012. and benefit accrual for the suspension year even Clause 2 subsection (1) provides that this Bill though the required contributions have ceased. would be construed as one with the principal Act. So, Clause 6 requires a member to give notice of the definitions used in the principal Act apply; such as, his decision to suspend contributions. And subsection employer includes a self-employed person. And it also (2) requires the employer to notify the Administrator of replicates the same meaning and definition of defined any proposed suspension of contributions. benefit and defined contribution benefit. Subsection (3) provides that section 19(6) of Subsection (2) provides that this Bill trumps the principal Act (that replies to [the] Administrator anything to the contrary in the principal Act, any other having to give notice to employer and commission Act and any pension plan or contract of employment. regarding unpaid contributions) does not apply when a What we mean by that is that this overrides it. notice has been given under subsection (2). Clause 3 provides definitions of certain ex- Clause 7 prohibits suspension of contributions pressions used in the Bill and it provides that the by an employer if the employer is in arrears. And, Mr. agreement has to be in writing and defines the sus- Chairman, Honourable Members asked in the Com- pension period. mittee of the whole House some questions as to how Clause 4 applies to suspension of contribu- many were in arrears. And I told you it was about 697 tions and defined contribution benefits. It applies to plans. Now what does that mean in terms of the dollar defined contribution plans and provides for suspen- figure? It is about . . . in terms of looking at from De- sion of contributions by members and employers in cember of last year that is about a million dollars . . . respect of the suspension period with the agreement that is about a million dollars. The Pension Commis- of the employer, the member and his union. And this sion does keep records and they provide the infor- is if the collective agreement speaks to the pension mation, but that is based on their current assessment. plan. That is about where it stands. Subsection (6) provides that a member’s Clause 8 clarifies that if a member continues membership in the plan continues in respect of calcu- to make contributions in respect of the suspension lation of the member’s benefit and for all other pur- period, these are not to be treated as voluntary contri- poses, notwithstanding any suspension of contribu- butions. And this restricts members from withdrawing tions in respect of the suspension period. their contributions, though members can withdraw And, Mr. Chairman, this is to make it clear that voluntary contributions. notwithstanding that the member’s or employer’s con- Clause 9 creates an offence if an employer tributions are suspended for the period, this will have continues to deduct contributions from a member’s no negative impact on the employees or members salary or wages when the member has given notice of satisfying any eligibility or vesting requirements under suspension of contributions under section 6(1). the plan. For example, if an employee has worked Clause 10 provides for commencement. three months before the suspension period, then they We remember, Mr. Chairman, we would have will continue to accrue hours worked for the purposes to give employers, members, and unions time to come of joining the plan. And another example is when a to an agreement and notify the Administrators. And member of a plan has been a member for one year we would assume . . . we are thinking of giving them before the suspension, they will become vested after enough time . . . we are probably thinking about the second year of their participation in the plan, not- something like to take effect July 1, 2012. withstanding the suspension of contributions for one Thank you. year. House of Assembly 2136 25 May 2012 Official Hansard Report

The Chairman: Thank you, Honourable Premier. Now, if I heard the Honourable Member cor- Is there any other Member that cares to rectly, the Honourable Member indicated . . . and this speak? is the impact for the defined benefit scheme, the em- I recognise the Honourable Member from Pa- ployer is responsible for making up any shortfall in the get, Dr. Grant Gibbons. scheme—in other words to be able to make sure that Dr. Gibbons, you have the floor. those benefits are payable when the individual retires. So, in point of fact, this particular section here which is Dr. the Hon. E. Grant Gibbons: Thank you, Mr. for defined benefit really has no impact on the em- Chairman. ployer at all except for a cash flow issue because if I Mr. Chairman, I do have a couple of questions understand the Premier correctly, the employer is go- for the Premier, the Honourable Member. ing to have to make up those contributions at some First of all, if I understand this correctly, given point. the methodology here if the suspension period, as the Honourable Member says, comes into place on July The Chairman: Mm-hmm. 1st then it would automatically end at the end of June next year. What I am curious about (and I think an Dr. the Hon. E. Grant Gibbons: And I do not know Honourable Member may have alluded to it in the whether they will have the benefit of being able to go whole House) is the actual legislation stays in place. back to the employee to help make up those contribu- So in effect there is kind of a sunset rule here, but the tions or not, but it does help on a cash flow basis. In legislation itself does not sunset. And so if the Hon- other words, for that suspension period the employer ourable Member wished to come back . . . let us say does not have to contribute towards the defined bene- in . . . well, dare I say, we have not had the general fit fund. But at some point the employer is going to election that I think most of us are expecting, but sup- have to come back and top-up the fund. pose that has not happened by— The question is will they be able to come back to the employee to assist with that? Because really The Chairman: You are expecting an election are what you are saying is you are kicking this ball down you? the road a year rather than really solving any real con- tribution issues the employer has. They get a break Dr. the Hon. E. Grant Gibbons: Well, I am expecting for a year but they have to make it up after the year, an election sometime this year, Mr. Chairman, but . . . basically, at some point. So that is the second ques- who knows, stranger things have happened around tion. here. The Chairman: Mm-hmm. [Inaudible interjection] Dr. the Hon. E. Grant Gibbons: The third question is Dr. the Hon. E. Grant Gibbons: But back to my point. clause 7 here. And I was rather struck, actually, by the 697 plans that the Honourable Member said were in The Chairman: Yes. arrears. Based on the Honourable Member’s numbers Dr. the Hon. E. Grant Gibbons: I guess what I am earlier of I think it was 2,928 employer plans, we are interested in is, does the Honourable Member see this talking about effectively almost one-quarter of all the as legislation staying in place so, for example, it could employment plans are in arrears. The irony of [clause] be extended if we are still in, shall we say, difficult cir- 7 (I think that is probably the best word here) is that cumstances? That is my first question. I am just trying those employers that probably are in the most difficul- to get an understanding of the legislative impact of ty and could most benefit by this one-year suspension really not having a sunset clause to the legislation will be unable to participate because they are proba- here, but having this period, this defined suspension bly in arrears and they are in arrears because they period. cannot make the contribution, and they probably will not be able to make it up anyway. The Chairman: Mm-hmm. So, the only ones that are going to be able to really benefit, probably in most cases, are the ones Dr. the Hon. E. Grant Gibbons: The second issue is that are not already in arrears. And they may or may on page 3, it is in clause 5 and it is this subsection (6) not benefit depending on how they judge their circum- where it says “A member’s accrual of service and stances. membership in the plan shall continue for the purpose I wonder if the Honourable Member could just of calculating the member’s pension benefit and for all comment on that—whether there is a way . . . which is other purposes, notwithstanding any suspension of kind of where I was going here—if there is a way for contributions in respect of the suspension period.” those 25 per cent that are in arrears to have some sort of payment scheme or something where they House of Assembly Official Hansard Report 25 May 2012 2137

might be able to work out some way of benefitting this will be seen as a carrot for them to get them- from it, because probably they are the ones that are selves into compliance. most in danger of going under, if I can put it in draco- But it certainly is not contemplated at this nian terms. stage to provide any further wiggle room for those Thank you, Mr. Chairman. who have been in arrears, particularly when you think about what is the benefit really and what is the aim of The Chairman: Thank you, Dr. Gibbons. pension arrangements. It is really about providing for Is there any other Member that cares to those when they retire that they do have the nest egg. speak? If an employer has been delinquent we do not see that Good. Dr. Gibbons has three questions. you should reward non-compliant behaviour. Honourable Premier? Thanks.

Hon. Paula A. Cox: Mr. Chairman, three questions. The Chairman: Thank you, Madam Premier. You cannot extend it. If I wanted to extend it Is there any other Member that cares to or any Minister of Finance wanted to extend it, they speak? would have to come back— No other Members care to speak. Madam Premier, has asked that clauses 1 The Chairman: Come back here. through 10 be accepted. All those in favour of clauses 1 through 10, Hon. Paula A. Cox: —to the House. please, say Aye. Those against, say Nay. I think with regard to the issue of . . . what was question two . . . clause 5 [subsection] (6)? AYES.

The Chairman: Coming back to the employee, The Chairman: The Ayes have it. whether they would— [Motion carried: Clauses 1 through 10 passed.] Hon. Paula A. Cox: To be honest, with regard to clause 6— The Chairman: Madam Premier?

The Chairman: Six, yes. Hon. Paula A. Cox: Mr. Chairman, thank you. I would like to move the Preamble and that Hon. Paula A. Cox: I think, and the defined benefit the Bill be reported to the House. plan, I think certainly they do not . . . they can as an employer can defer, obviously, with the understanding The Chairman: The Preamble has been moved. they have to make up the shortfall. But that is really . . Is there any objection? . has to top-up, they are always going to be on the No objection. hook for shortfalls. And any increase in the contribu- We will report to the House. tions by the employee would certainly have to be with [the] agreement of the employee. I think with regard to [Motion carried: The National Pension Scheme (Oc- the issue of having to be . . . it also depends on the cupational Pensions) Temporary Amendment Act investment performance with regard to the fund or of 2012 was considered by a Committee of the whole the pension plans. House, passed without amendment, and will be re- With regard to the third question, really to be ported to the House.] honest, this Act is really, basically, rewarding those who have been in compliance because what you are House resumed at 2:16 pm looking at from a policy point of view and the mischief in terms of what are pension arrangements in place [Hon. Stanley Lowe, Speaker, in the Chair] for . . . it is to protect the ultimate beneficiary being the pensioner. And really the idea is that what we have REPORT OF COMMITTEE done on so many fronts is to seek to make people accountable and liable where they have been delin- NATIONAL PENSION SCHEME (OCCUPATIONAL quent in terms of making contributions. And in this PENSIONS) TEMPORARY AMENDMENT ACT 2012 case what we are not going to be doing is providing an incentive or a carrot for those who have been de- The Speaker: Is there any objection to the Report of linquent. the Committee as printed? I think the fact that there are a number that Agreed to. have been in arrears does not mean that all of them are in arrears for a significant amount. And, perhaps, [Gavel]

House of Assembly 2138 25 May 2012 Official Hansard Report

The Speaker: The next Order is Order No. 3 and I the Government has done some of the things that its believe the Acting Whip indicated that we will not be own reports had recommended. taking up any further Government Orders. That brings us down to Order No. 6, Motion in The Speaker: And it dealt with parks. the name of the Honourable Member Mr. H. Swan from St. George’s West. Hon. Hubert (Kim) E. Swan: And it dealt with parks. The Honourable Member Mr. Swan is going to And parks are a very important part of the preserva- move a Motion that this Honourable House take note tion—one part— of the diminished open spaces in Bermuda and re- solve to develop strategies that will reverse the cur- The Speaker: One aspect. rent trend to ensure that future generations enjoy a greener Bermuda that is far more environmentally Hon. Hubert (Kim) E. Swan: One aspect, Mr. Speak- healthy. er— Mr. Swan has the floor. The Speaker: Yes. TAKE NOTE MOTION Hon. Hubert (Kim) E. Swan: —of the preservation of THAT THIS HONOURABLE HOUSE TAKE NOTE open spaces. And, indeed, Mr. Speaker, when you OF THE DIMINISHED OPEN SPACES IN BERMUDA look at open spaces and the parks, I will say that the AND RESOLVE TO DEVELOP STRATEGIES THAT Honourable Member . . . and I will start with the Hon- WILL REVERSE THE CURRENT TREND TO EN- ourable Member’s previous Ministerial Statement and SURE THAT FUTURE GENERATIONS ENJOY A I will yield to the Honourable Member if he wants to GREENER BERMUDA THAT IS FAR MORE ENVI- take over our Motion and tell us all the things that the RONMENTALLY HEALTHY Government has done. But I will stick to my Motion because I know the Honourable Member was eager to Hon. Hubert (Kim) E. Swan: Thank you, Mr. Speak- make sure that persons know that his Ministry has er. been doing one or two things. Mr. Speaker, thank you. I appreciate the op- But let me just start with that Ministerial portunity to address an important topic about the envi- Statement because it is very important because the ronment, and the Motion as you quite ably put it Honourable Member in that Ministerial Statement states: mentioned parks such as the Cooper’s Island Nature That this Honourable House take note of the Reserve, to start off with. And I am very obliged that a diminished open spaces in Bermuda and resolve to decision was made with regard to the Cooper’s Island develop strategies that will reverse the current trend to Nature Reserve to ensure that those lands formerly ensure that future generations enjoy a greener Ber- occupied by NASA could be enjoyed by future genera- muda that is far more environmentally healthy. tions. That is the spirit to which I know the Honourable Mr. Speaker, you will recall earlier today my Member who stood on his feet to a point of order and good friend, the Honourable Member, former Shadow myself . . . I am no scientific person, but I certainly Minister of the Environment, rose to speak on a point enjoy the beauty provided by the open spaces. of order, which I was pleased that he did so, and I was Certainly, I would say that Ferry Reach ranks pleased with your ruling also, for good reason. amongst those areas in Bermuda that I am keen to Number one, the Honourable Member rose to see are protected for generations. It is one of the few speak because I know very well, putting hand over areas, like Cooper’s Island, where you can get a taste heart, that that Honourable Member cares—cares of what it would have been like some 300, 400 years deeply—about the environment. And I will go a step ago—what it would have looked like 200 or 300 years further to say that that Honourable Member (Mr. Si- ago. mons, of whom I speak) is one of the persons who I know with regard to Cooper’s Island there falls in the category of a catalyst and an advocate for was some talk from persons that quite possibly it a greener, more sustainable environment. could have been or had a tourism component. But If in our midst of 65,000 persons in Bermuda dare I say, Mr. Speaker, that in its present state it has (or thereabouts) we had more persons of that com- a tourism component in it because it is our natural mitment, this Motion would not be necessary today. It beauty and aesthetics that encourages tourists to would not be necessary because I could put hand come here to enjoy the peace and tranquillity, to enjoy over my heart and say that the environment is in good the beautiful beaches that we have, to get piece of hands, it is protected, and future generations will be mind, to get away from the hustle and bustle of some able to enjoy green spaces. of the areas that they have to negotiate every day of I was pleased with your ruling because it gave their lives. the Government an opportunity to stand to its feet and That is why we (I say “we” collectively as leg- get ahead of the curve and let the people know that islators of this Assembly in this day, in this time, in this House of Assembly Official Hansard Report 25 May 2012 2139

hour, in this year, in this century) need to have the into the fact that we need to look at sustainable devel- presence of mind to know that the current trends over opment as we go forward. many years . . . 10 years have gone by quick enough So let us not get too overboard with the fact for me, Mr. Speaker. I would like to be able to turn that my good friend came here with a Ministerial back the clock and tell the Honourable House that it is Statement today to say that Government has merely 2003 and I am 44. But I cannot. It is 2012 and I am 54 done its job with regard to some of the recommenda- going on 55 and time marches on. But let me be able tions that were put forward. to say that when I am 65, Mr. Speaker, because of I found it interesting, Mr. Speaker, I found it debates like we are having today, because of reports very interesting as we talk about water and other by the Sustainable Development Committee of Gov- things like that that I should be a little bit thirsty at this ernment under the Central Policy Unit, because of the particular time. But as we talk about this Ministerial efforts of organisations like Greenrock and BEST, and Statement— others like the Bermuda National Trust, 10 years from now we can look back and say we did the right thing [Inaudible interjection] in this country. Because Government’s own reports (as I go Hon. Hubert (Kim) E. Swan: Thank you. along a little further) will reveal, Mr. Speaker, that we And it shall be given. Thank you. Ask and you are not in the place where we would like to be—truly will receive. and really. Overdevelopment has taken precedence over the preservation of open space. [Inaudible interjections] So, yes, the Minister, in my respectful opinion, jumped ahead of the curve of the Motion. Would I Hon. Hubert (Kim) E. Swan: And seek and ye shall have liked for the Minister to have been maybe the find. second or the third speaker in behalf of the Govern- ment to jump in on this debate today? Absolutely! Do I [Inaudible interjections] understand why the Minister had to make sure that he put out there in front this morning that Stokes Point . . Hon. Hubert (Kim) E. Swan: Mr. Speaker, in the Min- . Stokes Harbour Nature Reserve, One Rock Nature isterial Statement that the Minister presented this Reserve, Dunscombe Wood Nature Reserve, Ducking morning he answered his own question as a note at Stool Park, Government House Water Front [Park], the bottom. He said, How big is Bermuda—13,268 and the Aquarium [Park] amongst the protected areas acres. Dare I say, Mr. Speaker, not a lot of landmass that Government has seen fit to regulate. And I say to start off with. It is not a lot of landmass to start off kudos to Government! with. But I dare say that when it comes to environ- Mr. Speaker, this Motion speaks on behalf of mental protection someone is just merely doing their the voiceless natural resources that we have in Ber- job. And today I want to ask this Government to clear muda. And I say “voiceless” because your natural re- this up for me. Is this something that is enshrined in sources are a part of us. If we want to consider our- law? Or are we talking about a Memorandum of Un- selves a joined-up government, we have got to con- derstanding over charter? Because I would hate to sider ourselves a joined-up environment. And we have think that young Zinsy might have to stand up here (if to appreciate that if in your environment the bees are she is so blessed to be an elected Member 20 years important, the trees are important to the air we from now), and someone would say No!—on breathe . . . and I am no scientist. There are persons Dunscombe Wood and Stokes Harbour we’re devel- in here that are far more accomplished than I and I oping. Because it was not enshrined in law, it was just would urge them to correct me if I need correcting. an understanding amongst you folks. Because that is But from my country understanding, if “joined- what happened on other areas, when we talked about up” has any significance, when the Good Lord built the environment. this world he joined it up in the most perfect sense of Good intentions allowed the Government to all. He made all creatures and all living beings mean come to this Honourable House and to the public and something to each other. And a landmass of 13,000 say, Yes, we feel it important. We believe in the envi- (and change) that this country represents with it . . . ronment, in the same spirit that my good friend, the and let me just digress a little bit about that 13,000. Honourable Member, stood today and shared with us The whole sort of ethos or whole feeling of in a Ministerial Statement that the Government had this Motion stems from the aerial view that you will done its own due diligence as it is spelled out in the catch of Bermuda descending on a plane. Once upon sustainability report [“Charting Our Course: Sustaining a time, it was green. And I know the PLP like a little Bermuda”], which came to this House and was initiat- green because in a couple of weeks inside you will ed under the former Premier, Mr. Alex Scott. see enough green that . . . you know, you do not want We are going back to about the 2002–2006 to shake a stick at, but they do not reflect any green time period. So there were others that really bought when you come here. House of Assembly 2140 25 May 2012 Official Hansard Report

muda in golf in Hong Kong. And the dry . . . from Kow- [Inaudible interjection] loon to Royal Hong Kong Golf Club would make you cry if you are a person that loves open space. Hon. Hubert (Kim) E. Swan: It has rained these last three weeks. The Honourable Member says, It has [Inaudible interjection] rained these last three weeks. Hon. Hubert (Kim) E. Swan: Because there was [Inaudible interjection] none then—there was no open space, Mr. Speaker. It went up . . . you drove through a concrete jungle and Hon. Hubert (Kim) E. Swan: And we really are ap- it was a dependent territory then as well, like Bermu- preciative and thank God for the rain. But there has to da, it was one of our sister dependent territories. Like be and there may be . . . and maybe the Honourable a lemon or an orange it squeezed its environment out Minister who is even more learned than me might be for the last drop. able to explain . . . there has been a great absence of rain in these islands. [Inaudible interjection] When you talk about [a] joined-up environ- ment, one has to appreciate that the green that the Hon. Hubert (Kim) E. Swan: And I am getting to the trees provide and the grass provides and the open golf course. spaces provide contributes to the amount of rain that And when I arrived at the then-Royal Hong comes down on the earth. Indeed, the amount of oxy- Kong Golf Club, do you know what I saw? Open gen that it can get out of the sea. There are joined-up space—one of the most luscious 36-hole golf courses connection with what happens on land or what is go- in the entire world. The Royal Hong Kong Golf Club ing wrong on land and the impact it has on the sea as was amongst the best golf courses in the world for a well. There are scientists studying that every day for long, long time. And, indeed, they had two 18-hole good reason. And we are grateful. It is part of our courses and when you played there in international economy as well that they are doing so. Some of the events they used the composite golf course—they brightest and best in the world are right here today in take the best out of the two. And I want to tell you that this country studying the impact of our surrounding when you looked around, you saw mountains. And ecosystems. you did not even think you were in the same Hong It is incumbent upon the Government to have Kong. But the majority of the Hong Kong that I saw a mindset, a continuing mindset, which is consistent was developed. And I said to myself, I would not want with the decision it reached. The Government reached that for Bermuda. And when I was there, Mr. Speaker, the decision in 2006, particularly, as I made mention at that particular time . . . in Hong Kong at that particu- of the “Charting Our Course: Sustaining Bermuda,” lar time Bermuda had a big presence there. The law which I consider well thought out and indeed well firms had offices there. I saw one or two friends. I serving to Bermuda. But it is important, Mr. Speaker, called them on the phone and said hello and the like that the on-going mandate be consistent with the na- because the business was coming towards Bermuda ture of that particular report—comprehensive indeed. at that time. And so I am not here today, Mr. Speaker, Mr. Speaker, let us imagine for a moment a to beat up on the Government— Bermuda where areas like Ferry Reach are fully de- veloped. Let us imagine for a minute areas like in An Hon. Member: Yes, you are. Smith’s and some of the other more forested areas being fully developed. And I say that not because that Hon. Hubert (Kim) E. Swan: No, I am not. is what I want to imagine, but I want to imagine the I am here today on behalf of the environment. worst-case scenario and present that here today to The Government and all of us in this legislature have ensure that it never happens, Mr. Speaker. Because I a responsibility to make sure that future generations know very well that the mindset that the Honourable can enjoy the open space. We have a responsibility to Member, Mr. Simons, who stood on his feet on behalf make sure that if Bermuda is heading on a slow path of the environment is a lot different than an Honoura- towards Hong Kong, that we reel it in and that we ble Member who may stand on their feet as a devel- make the tough decisions to ensure that it does not oper—a totally different mindset. get that way. Mr. Speaker, I certainly have in my notes are- Mr. Speaker, it is not good enough to have the as in the world where Bermuda is in the top 10 of de- Bermuda Plan. We have to have a Government with veloped countries in the world—top 10! And the coun- the mindset of the 2008 Bermuda Plan. That is what try that stood out to me that really made me cry, Mr. we need. That is what I am encouraging. And if it is Speaker, it made me cry in my heart, was Hong Kong. my job as just a lowly Opposition Member to prod in In 1991, Mr. Speaker, I was not a Member of this that way to keep that in the forefront, then I am doing Honourable House. I was out plying my political trade my job. in the hustings. And I want to say, I represented Ber- House of Assembly Official Hansard Report 25 May 2012 2141

But, Mr. Speaker, what would Bermuda look [Inaudible interjection] like if the mindset that allowed Tucker’s Point to de- velop to the extent that it has, stilted a little bit more Hon. Hubert (Kim) E. Swan: Indeed, we have had east down into the Tom Moore’s Jungle? It could hap- some glory. He spent over a billion dollars just on a pen. It could happen. And, Mr. Speaker, it could hap- football team. He and a few of his friends could afford pen but it will not happen if enough people have the Bermuda. Yes, indeed, Mr. Speaker, I recently saw mindset that would cause them stand up on a point of with great delight St. George’s Harbour filling up with order and say, Listen, you know, that . . . are you an- yachts. There was one that I watched come in yester- ticipating? And, yes, Mr. Speaker, I am not impugning day . . . I posted it on Facebook. There were about improper motives on the Honourable Member that four others berthed at Penno’s Wharf. It takes a pretty anticipated this morning. What I am saying in doing penny to be able to afford that kind of yacht just to . . . this is that a government gets caught up in being I would just settle for the fuel bill alone, Mr. Speaker, a busy. They have a lot of things that they have to do at few shekels here and there. once. I understand that. I have been trying to hold But let us not lose sight of how important it is Government accountable for all of my life, right? for us to ensure that our future generations can enjoy I say that to say this, that during that period I that small piece of paradise in this world that the Good have seen Bermuda inch closer towards the Hong Lord has blessed Bermuda with. And I make no apol- Kong model. I have seen it, Mr. Speaker. And so if we ogies for saying “the Good Lord has blessed Bermuda want to ensure that 20 years from now our country, with” because land and water and the air have be- our Bermuda, is the type of Bermuda that has plenty come tradable commodities. And they are so vital to of open space, plenty of green area so that the oxy- our very being. And it pains me . . . you know, Mr. gen is a lot cleaner to breathe, so that the water is a Speaker, to have to buy . . . and I have had to buy lot healthier, so that the fish in the water are a lot four loads of water this year. It is $90 for a thousand healthier, then it is incumbent upon us to do our part. gallons. And when the washing machine was not Mr. Speaker, I mentioned Greenrock, and I working, I had to go down to the laundromat and, you mentioned the National Trust, and I mentioned BEST. know, Mr. Speaker, water is expensive in Bermuda. They are good organisations and private individuals in The quality of the water is critical in Bermuda. this country. The landmass that the Honourable Mem- Because of the population of the country has ber spoke of this morning in his Ministerial Statement, grown, people are the reason why there are so many the 1,000 acres (or thereabouts) that the Government concrete structures in Bermuda as you approach in an owns is about 8 per cent of the total landmass of this aircraft. There are more people in Bermuda today— country. And the balance of the open spaces is owned not as many as when the economy was booming—but privately. Indeed, Mr. Speaker, those persons who when the recession is behind us I am sure that we will own private lands need to be congratulated and fur- have more people in Bermuda. There will be greater ther encouraged to ensure that there is no burden up- demand on the buildings—both residential and com- on them to be holding on in perpetuity if need be to mercial—that are in Bermuda and as a consequence those open spaces—no burden financially, indeed. there will be more need for the country to expand. And I certainly feel that that is worth noting and worth The reason for such a Motion today, at this supporting going forward. particular time, is to also capture the season that we But, indeed, Mr. Speaker, in the preservation are living in, Mr. Speaker. The season that we are and the importance of advocating for the environment, living in is one of a recession, one of a depressed interest groups, activist groups such as BEST, the economic state, and one in which the Island cannot National Trust, and Greenrock, come into the picture accelerate as quickly as some developers would like at certain times—sometimes at the same time, some- to because they do not have access to the type of re- times singularly, as you will have individuals—Mr. sources they once had. But let me go back. The Stuart Hayward stands out as a person who stands up mindset of the developer is different from the mindset and fights on behalf of the environment. And I applaud of one who is pro-environment, one who wants to them for that, Mr. Speaker. And it is important that we make sure that Bermuda has a lot of green spaces for find more of them to enlist because . . . you know, I centuries to come. It is a different mindset. And so will keep mentioning the 13,000 acres. You know, it is that is the mindset that I am trying to protect for future only a quarter of what Balmoral is in Scotland—the generations, Mr. Speaker, and that is a good move. I greens estate in Scotland—Bermuda is only a quarter will take a drink of water on that one. of the size. Dr. Gibbons is doing the limbo. And, dare I say, as we are both trying our best as a country, one of the . . . in the report by Bermuda [Inaudible interjections] First, was to encourage persons of great wealth to Bermuda. The name Roman Abramovich comes to The Speaker: It is so easy to go to the . . . mind because I am a Chelsea supporter—

House of Assembly 2142 25 May 2012 Official Hansard Report

Hon. Hubert (Kim) E. Swan: Mr. Speaker, the I do not mind saying that it bothered me. I re- preservation of our lands is connected to the expo- call efforts in the early 2000s. I was a Senator at the nential growth in our population and our economy time. I fell in love with that beautiful area out there. I over the past half-century. So I am not talking about used to go out to Ferry Reach to walk. And I was do- since 1998, I am talking about a trend of growth over ing a lot of writing at the time. It just puts you in a love- a long period of time, which transcends the current ly frame of mind to write. I do like to write from time to Government and includes the previous government time. And lo and behold, I get a call . . . There’s a lot and it ties into the fact that Bermuda has been on a of excavating going on around our house and we are path of economic growth. And it is important for us to a bit concerned. And, Mr. Speaker, to see the amount know the balance. of excavation that took place in that area to the east of A good friend of mine who sat with me in an- Anchorage Lane—between Anchorage Lane, Ferry other place for nine years was a scientist. And he said Reach, and the Esso Oil Docks there—Mr. Speaker, it sustainable development is an oxymoron because, was a tragedy. you know, the minute you start talking about devel- Yes, there are some very nice warehouses opment people are not talking about how to sustain it. there today. But for one who loves the environment They are talking about, you know, How can I go for- and witnessed and endured the pain of neighbouring ward? And certainly as one who has, sort of, articulat- residents who, when they built their homes and as ed one of the main concerns that we have—and I say they enjoyed their homes for 20 years came to accept the royal “we” as we persons who believe in the need that on the east side of their homes was a forested for there to be a significant amount of open spaces area, with a beautiful view of the North Shore to the going forward—Mr. Speaker, we feel it our duty to north, and to the west another unspoiled area that heighten awareness of the threats to our environment looked the same as it did in 1609 . . . to have endured and its impact on future generations. what they had to endure. Because when the jack- Men, Mr. Speaker, men . . . and women, peo- hammers and the . . . and I am sure the Honourable ple, we are the biggest threat. We are the biggest Member, my good friend that speaks for Health, threat to the environment. And we could be the big- knows all the types of equipment that are required to gest threat if we are Mr. and Mrs. Developer. We do the type of excavating that took place there, it did could be the biggest threat if we are Mr. and Mrs. not all happen from Monday to Friday. Turn-a-Blind-Eye. We could be the biggest threat if we are Mr. and Mrs. Complacent—it is just not my prob- The Speaker: What was the zoning though? lem. We as people are the biggest threat because we are the only ones—Mr. and Mrs. Man-of-the-World are Hon. Hubert (Kim) E. Swan: And, indeed, Mr. the ones that have been exploiting, and I say “exploit- Speaker— ing” respectfully. There are persons that are drilling for good reasons, but money is the driving reason why The Speaker: What was the zoning of that property? the open spaces around the world, and in this Motion particularly Bermuda, are under siege. And so it is Hon. Hubert (Kim) E. Swan: Indeed, Mr. Speaker, incumbent upon us who have some jurisdiction over you ask wonderful questions. That contributed to the men, in these islands particularly, to try to change the problem. And this is why this Motion is so important mindset from a leadership position, a mindset that will because it is to encourage residents who today are say, Listen, I think it is necessary to use that—be it living on their properties or renting properties which the pond in Southampton 30 years from now or be it they believe is [zoned] open space, to check, to do the caves of Tucker’s Town a couple of years ago— their due diligence. an ounce of prevention is better than a pound of cure. You raise a good point. Because many an There is no controversial topic on the horizon open space has gone by the wayside because we for the environment at this particular time, saving ex- assumed that it was there forever. And the developer . cept that if the Minister comes with some motion next . . very strategic, Bermuda Properties for instance— week or the week after and throws one right on the we have talked about them many times on this area— table. So there is no real hot-button issue that is driv- own a great deal of property, both in Tucker’s Town ing the fact that it is important that we have and en- and in the town of St. George’s some of which have courage a mindset to protect our environment and that since been sold. But those properties . . . sometimes it be led by our Government and it be reinforced by the development of properties such as that were the Opposition that we do our part to ensure that— planned a long time ago. Someone might sit on an idea for 20 years until the right opportunity presents [Inaudible interjection] itself. That is why, Mr. Speaker, it is important for Hon. Hubert (Kim) E. Swan: Mr. Speaker, this ties motions such as this and for persons such as BEST, into that old saying that “the squeaky wheel gets the the National Trust, Greenrock, Members on both grease.” sides—all sides—who put the environment first in their House of Assembly Official Hansard Report 25 May 2012 2143 political advocacy to remain vigilant at all times. Be- Mr. Speaker, I mentioned ever so briefly that cause there is a piece of land today that someone is one of the reasons why business and tourists find prepared to wait until the year 2030 to develop. And Bermuda so appealing and attractive is because of that is why I stand here today before you and speak the natural surroundings, our natural beauty, our out that far, Mr. Speaker. beautiful coastline, the open spaces that are available I remember when the Honourable Member to us—and we cannot take that for granted. who just took his seat came in. I remember running Mr. Speaker, ever so briefly I will touch on the against him in 1983. And he and his running mate development of Marsh Folly into a public park. And I made fun of me because in 1983 I made reference to do recall that the Honourable Member who led with a wanting something for Bermuda 30 years from now. Ministerial Statement this morning, the Honourable And they made fun of me in the paper and, you know, Member, Mr. Weeks, who speaks for Public Works, they were seasoned campaigners and what could I did not include . . . and I know he wished he could, do? But say I really cared. But I am here to tell you Marsh Folly Public Park in amongst the list of reserves Honourable Member, 30 years has come! And I am that he has already established in the National Park telling you, Mr. Speaker, the next 30 years will come System. And certainly that particular area is not one as well. that the former Minister could be faulted for either, The concern I have is the next 30 years. What save and except for the failure to move the compost- will the environment look like then for my young Zinsy, ing area yet so that we can move forward. and the grandchildren of the Honourable Member who I believe it was 1989 . . . I recall one of the just took his seat? What will it look like for them? And best Throne Speech Replies came from the former what are we doing today that is going to ensure that Opposition Leader. It may have been in the early ’90s. they inherit a greener Bermuda, the greenest Bermu- It was delivered by Mr. L. Frederick Wade, so it may da—not PLP green Bermuda, but environmentally have been a little bit later than that, and it was called green Bermuda? And when we only can troop out that the “Trick or Treat Reply.” When the Library was fully we just got rain and it is going to be green? functioning I spent a lot of time there reading Opposi- It is the mindset that I am here today speaking tion replies. And the Government of the day made the to, Mr. Speaker. It is the mindset that says that when- mistake of having the Budget on Halloween, having ever and wherever a development is going to take their Throne Speech on Halloween. And Mr. Wade place that an environmental impact study is a given. It came back a week later with the “Trick or Treat Re- is a given! And, Mr. Speaker, I do not think the Hon- ply.” I was just shaking my head. In that reply [he] ourable Member that keeps interpolating can put hand mentioned that there was the “treat” of the mention of over heart and say that environmental impact studies the Pembroke Dump being turned into a park and the are a given in the modern society of governance that “trick” that you are not to believe it, it will not come he is administering. And if he is here to say that it is, I true. will be the first to say, Thank you very much, because Mr. Speaker, what we have today is an area he is a very capable young Minister. that has been transformed from the dump that it was, Why am I saying this, Mr. Speaker? Because into a mountain now composting another area. I re- Government must lead the way. And I certainly be- member, Mr. Speaker, back in that same time period lieve that Government has been at odds with itself a young man by the name of Geoff Parker who did a when it comes to the environment. Government has lot for Junior Golf in Bermuda. He had the foresight to produced some good charters, but not followed get ahead of the curve, and that was announced. He through on them. Government has produced some went down on Parsons Road and had a golf driving good reports, but only partially followed through on range right down there when at that time it was the them. And the spirit of this Motion . . . this Motion is desert. It was level. You could stand on Parsons Road challenging us to develop strategies that will reverse and look across and actually see Palmetto Road. And the current trend to ensure that future generations today it is a mountain. enjoy a greener Bermuda, a Bermuda far more envi- ronmentally healthy than it is today, Mr. Speaker. An Hon. Member: How times change. Mr. Speaker, where farming is still very much a part of our community let us ensure that we do all Hon. Hubert (Kim) E. Swan: And how time changes, we can to ensure that it can sustain itself going for- indeed. ward. Where brown fields and existing derelict build- ings are the order of the day, let us ensure that we An Hon. Member: We call it progress. have strategies to ensure that those particular areas are the areas that are targeted for development first, Hon. Hubert (Kim) E. Swan: And some call it pro- Mr. Speaker. Mr. Speaker, let us be assured that the gress. Government that is leading is also leading for and on The smoke that we have to endure from the behalf of the environment. burning compost is not progress for the residents of Montpelier, the residents of Friswells Hill, the resi- House of Assembly 2144 25 May 2012 Official Hansard Report dents of Parsons Road, the residents of Middletown it is incumbent upon us to ensure that we can in- and Happy Valley. That is not what they consider pro- crease the amount of open space that our country has gress, Mr. Speaker. at its disposal today. And, Mr. Speaker, yes, Govern- ment has many things on its front burner that it has to An Hon. Member: That is what it is. That is a result of address, many challenges. But, certainly, looking out circumstances beyond our control. for our environment, in my respectful opinion, has to be amongst those high priorities. Hon. Hubert (Kim) E. Swan: A vision for the future In winding up, Mr. Speaker, let me give credit will, should and must include a good comprehensive where credit is due. I have mentioned a few organisa- plan and some actionables as to when we and the tions, but a former Premier, Dr. David Saul, with the residents of those areas can see that area trans- Buy Back Bermuda campaign is a great initiative. And formed into a park—which was promised some . . . it has also mentioned in the “Charting Our Course: now, some 25-plus years ago. And, certainly, Mr. Sustaining Bermuda,” by the Central Policy Unit’s Speaker, I make mention of that respectfully because Sustainable Development Committee as being a we found the resources to do a great deal of other worthwhile initiative. And we have seen lands protect- things. ed for future generations as a consequence of the But the diminished open spaces that we expe- initiative by former Premier Dr. Saul. rience have social and sociological impacts as well, In closing, Mr. Speaker, as I mentioned ever Mr. Speaker, because an urban society produces a so briefly earlier, I am one that believes in our tourism different mindset of people than a more rural society. product. Just today I referenced and looked up on the Because we have seen a great reduction in open Internet where the United States listed their 10 most spaces, the very people that are causing the problem beautiful beaches. They went from Hawaii and then are causing problems on our own people. It is causing they went on the continental United States to find people to look at Bermuda differently when it comes to some of the 10 most beautiful beaches. And as I a remote, quiet vacation destination. And it is causing looked I said, Well, let me go on the Internet and find Bermudians to live differently than they would if they where YouTube lists the 10 most beautiful beaches in were living amongst greater forested areas, Mr. Bermuda. And, hand over heart, Mr. Speaker, we Speaker. have more than 10 of the most beautiful beaches in I had the benefit of a childhood growing up in the world. You can find 20 beaches from Warwick to Southampton where there still remain some of the St. George’s to Sandys—throughout the Island that fit greatest forested areas. Mind you, I believe, some that bill—and Smith’s Parish, Paget. Great beaches. maybe 45, 50-odd years ago when the cedar trees We need to ensure that those beaches are show- were blighted, seeing a hill known for having all those cased throughout the world, that they are not over dead cedar trees, but it has been replaced over the developed, that persons can enjoy them in their natu- years. But as a youngster growing up and running ral beauty as well. around with the cows and in the farm areas and then There are hotels that have captured beaches getting hooked on golf and going and hitting balls in where they have their developments, but we need the bushes and running through the trees, you cannot open spaces for Bermudians to enjoy and appreciate change that lifestyle, Mr. Speaker. and savour and also for our visitors and those that we But today the very nature of childhood has want to entice—so it still looks like that here in Ber- changed because we live in a concrete jungle in some muda. And we can build our tourism strategy around areas. And I say that respectfully. I say that respectful- an unspoiled Bermuda that we are proud to protect. I ly because it is today’s environment for some persons, am not interested in protecting a Bermuda of con- but I say that unapologetically because I know people crete, Mr. Speaker. I am interested in protecting a could be served better in their communities with suffi- Bermuda where our environment, where the birds and cient open spaces. And so it is incumbent upon the the bees can still sing and enjoy this country as well. Government to put a strategy, work that plan, to en- And it takes men to protect God’s creatures because it sure, Mr. Speaker, that our open spaces are protect- was not only built for man. Earth was not only created ed. for man. We were built so that we could enjoy the Mr. Speaker, as I wind down let me just make fruits— reference to the document charting our course from sustainable development. And I had occasion (when I An Hon. Member: Have dominion over it. intended to bring this Motion on the first occasion) to have dialogue with the Sustainable Development Hon. Hubert (Kim) E. Swan: Have dominion. Committee that is still working. And I will be grateful if But, Mr. Speaker, let me just close . . . let me the Minister could share with us some of the areas just . . . some of my students say when I teach them this Committee is still working on, some of the initia- golf . . . well, one last golf ball before we go. But, Mr. tives that they might be driving for on behalf of the Speaker, irresponsible dominion is not good enough Government, Mr. Speaker. Let us not underscore that for Bermuda in 2012. Irresponsible dominion over the House of Assembly Official Hansard Report 25 May 2012 2145

lands of Bermuda will not ensure that the young peo- Mr. Nelson H. Cole Simons: —I would like to make a ple of this country inherit a greener Bermuda. Irre- comment in regard to the Department of Parks. sponsible dominion is what is causing Bermuda to Mr. Speaker, this week . . . in fact, yesterday, I become a concrete jungle. And I implore the leaders went along the beaches in Warwick and the trails from of my country—our country—not to take the environ- Horseshoe Bay all the way down to Warwick— ment in a frivolous manner. There are persons in Bermuda and outside of Bermuda trying to figure out An Hon. Member: On your horse? how they can develop Bermuda. There are people in this world, the world is smaller, that have the resource Mr. Nelson H. Cole Simons: —and I want to say that to buy every square inch of this country at the snap of the Department of Parks has done an excellent job in a finger. clearing the beaches—

An Hon. Member: It is not for sale. [Gavel]

Hon. Hubert (Kim) E. Swan: And it is up to us to en- The Speaker: Let us keep the interpolations out of sure that it is protected for future generations. And I this. do not accept interpolations that say that we have dominion. Irresponsible dominion is not good enough Mr. Nelson H. Cole Simons: —and cleaning the in modern day Bermuda. pathways. Access to the beaches have been cleared Thank you, Mr. Speaker. up very, very nicely and it looks very, very attractive an inviting. So I want to thank that Department for the An Hon. Member: That is why we have responsible recent hard work that they have done. I am going to dominion and will continue to. give credit where credit is due in regard to the De- The Speaker: Thank you, Mr. Swan, the Honourable partment of Parks because it was rather noticeable. Member from St. George’s West. The person I was riding with yesterday said, You Any further speakers? know, they have been doing a good job. And I said, No further speakers? Well— Well, I will salute them tomorrow when I am in Parlia- ment. An Hon. Member: I call Government to get up. [Inaudible interjections] [Gavel] Mr. Nelson H. Cole Simons: Mr. Speaker, we heard The Speaker: See, that is one of the reasons why we a lot about open spaces today and Minister Weeks run into these problems. spoke about expanding the park system and what the Government has done to date in regard to the expan- An Hon. Member: That’s right. sion of open spaces. Mr. Speaker, 2012—that is where we are to- The Speaker: We sit in our seats and then we are day—and we are talking about the future. We are talk- waiting for somebody else to get up. ing about the next generation. We are talking about our children. We are talking about our grandchildren. An Hon. Member: Yes. But what I found to be absent from the entire debate is this: What vision do we have for Bermuda’s landscape Mr. Nelson H. Cole Simons: I am ready. going forward? Is there a national vision that the peo- ple of this country have bought into? Do the people of The Speaker: I was just about to bring the gavel this country want Bermuda to be a financial centre like down. Hong Kong? Do the people of Bermuda want Bermu- Mr. Simons? The Honourable Member, Mr. da to be another Monte Carlo in another 10 or 20 Simons, has the floor. years? Or are we looking for a Bermuda that is like the Bahamas or like Barbados? Or like Guernsey or Mr. Nelson H. Cole Simons: Thank you, Mr. Speak- Jersey? Those smaller islands have a nice balance of er. And I understand your frustration, Mr. Speaker. open spaces and commercial success. Mr. Speaker, I will continue. As I said, we are The Speaker: Smith’s South. Yes, yes, yes. sitting in this House and the question that I ask the Government of the day is have they gone out to the Mr. Nelson H. Cole Simons: Mr. Speaker, before I people of this country and asked them what vision start— they have for their Bermuda? Do they want Bermuda to be a commercially capitalist centre and ready for The Speaker: Carry on. growth irrespective of our open spaces? Or do they want a balanced environment where there are open House of Assembly 2146 25 May 2012 Official Hansard Report spaces, where there are beaches, where there are [Gavel] parks, where there are reserves, and there are also commercial centres? Mr. Nelson H. Cole Simons: Mr. Speaker, as I said, Mr. Speaker, I think what Bermuda faces is there has been a lot of talk about the Monte Carlo the fact that it has no vision for how they perceive this model on Front Street and . . . as we see, time and country to be in 20 years’ time. So we are ambling time again, the height of our buildings on Front Street along, raising ideas with no vision, no master plan, going higher and higher. Initially there was a cap. Is and we are just going one day at a time. And the re- that going to be the model going forward? And if it is sult, Mr. Speaker, is bearing the fruit. the model, who is going to make that decision? Do the Mr. Speaker, as I said, there was talk about . . people of this country have a say in what Bermuda . I can remember when a building was built down on looks like going forward? Front Street a couple of years ago and it went up five Mr. Speaker, the other issue that I would like or six stories. A comment was made that, You know, to touch upon in regard to the Minister’s Statement we are not too concerned about Bermuda’s architec- this morning, and the Leader of the United Bermuda tural heritage. We just have to get on, get the busi- Party indicated that of these 13,268 acres of land- ness done because Bermuda needs to thrive as a fi- mass that Bermuda currently enjoys, only 8 per cent nancial centre. And what I have heard, Mr. Speaker, is of it is open spaces that belongs to Government and commercialism at whatever cost. And the question that is registered under the National Parks Act. That is that I have is, Does the rest of Bermuda subscribe to a mere 8 per cent. I think, as a country, we could do commercialism at whatever cost? And the question better than that. And, again, I am not blaming the that I ask is, Has this Government put that question to Government for where we are with this 8 per cent be- the people of Bermuda so that they can have some cause it is obviously historic. But if we have a strategy say on the type of Bermuda from a physiological point to build on our inventory of open spaces, we should of view going forward in 2020 and 2030? see some progression. So this 8 per cent could be a marker of where this country is today and we can go Hon. Zane J. S. De Silva: Point of order, Mr. Speak- forward and say by 2020 this 8 per cent can be up to er. 10 per cent.

The Speaker: There is a point of order. [Inaudible interjection] Take your seat Mr. Simons. Minister De Silva, what is your point of order? Mr. Nelson H. Cole Simons: And Mr. Speaker, that gentleman . . . that gentleman, he can get up and POINT OF ORDER speak— [Misleading] The Speaker: “The Honourable Member” in here. Hon. Zane J. S. De Silva: I think the Honourable Member is certainly misleading the House and the Mr. Nelson H. Cole Simons: Mr. Speaker, he is not people of Bermuda when he asks the question, is behaving honourably. commercialism at whatever cost . . . and he talks about have we asked, Mr. Speaker. Is the Honourable The Speaker: He probably will get up. Member suggesting to the Bermuda public and the people at large that in the last 13 years all of the city office blocks were built during that period? So he must An Hon. Member: Oh, I am going to get up. Oh, yes. have to answer his own question, Mr. Speaker. He has to clarify that. Mr. Nelson H. Cole Simons: Okay. Mr. Speaker, so I suggest that we take these types of issues to the peo- The Speaker: Thank you, Minister De Silva. ple of this country as our youngsters and the next Carry on— generations will be impacted most by the decisions that we make here today. Hon. Zane J. S. De Silva: You have to ask yourself So those are my top remarks in regard to that question. what has been said by—

The Speaker: Carry on, Mr. Simons. An Hon. Member: Say no more. Sit down.

[Inaudible interjection] [Inaudible interjections]

Mr. Nelson H. Cole Simons: Mr. Speaker, I will con- Mr. Nelson H. Cole Simons: —by Mr. Swan and Min- tinue. ister Weeks, from this morning.

House of Assembly Official Hansard Report 25 May 2012 2147

Mr. Speaker, as you know, a country evolves. Mr. Nelson H. Cole Simons: We just finished our And when it evolves things happen. But as the evolu- 2008 Development Plan— tion takes place we need to ensure that the people— and I am going to say “people” because they will be An Hon. Member: We? impacted most—are brought along during the evolu- tionary process. Mr. Nelson H. Cole Simons: The Government of A hundred years ago, Mr. Speaker, agriculture Bermuda just finished its 2008 Development Plan. was our main source of industry, and we had over And now, Mr. Speaker, we need to make 2,000 acres of farmland. That served us well until the plans to go forward. We have to look at the planning, ’30s. And then in the ’30s the US became more effi- the current application process, to determine whether cient because we were selling our produce to the US. there is an actual need for additional residential prop- The US had better equipment, better transportation, erties. Does the supply of properties meet the demand and the need for our local produce basically dimin- for the properties? Or is there an over abundance of ished. So what did we do? We moved over to tourism. properties? That was the decision made by the Government of the As a consequence the property values of our day. And, again, when it went to tourism, they took homes are diminishing because there are too many more of our open spaces. They built golf courses, they houses out there. The stock is over what is needed for built hotels, they built parking lots, and so as we were demand. So the question that I ask . . . Mr. Speaker, evolving things developed in regards to how our open these types of situations are ideal for the Government spaces were compromised, Mr. Speaker. and our Planning Department to look at our develop- ment needs and say this is where we are today and An Hon. Member: Horse trails. we can learn lessons from what happened 20 years ago, 30 years ago, so that we do not make the same Mr. Nelson H. Cole Simons: Then we went on into mistakes. the ’60s and ’70s, Mr. Speaker, and we went from tourism to international business. In international An Hon. Member: What mistakes? business, Mr. Speaker, we invited thousands of peo- ple in (between the ’60s and the ’80s) and there was a Mr. Nelson H. Cole Simons: Mr. Speaker, you know boom in housing markets because the expatriates we have accommodations that are empty—perhaps were coming in and competing with the locals for ac- empty hotels—that have taken our open spaces. We commodations. have Tucker’s Point, that great debate. And they have So what did our people do? They built more allotted open spaces for tourism development. Again, houses to basically capitalise on the expatriates com- where are we on that? Is that the ideal situation? Is ing to this Island because there was a shortage of their economic model right? The question that I have housing at the time. So, Mr. Speaker, Bermuda ad- is we need to have someone sitting up on the top say- justed to that need. And, again, our open spaces were ing, If we are to manage our resources, if we are to compromised. manage Bermuda’s land, let’s manage it like we are Now we are at 2012 and, Mr. Speaker, our managing a business. Optimise the resources and economy has changed yet again. Our tourism is not preserve the resources for future generations. And where we would like for it to be, international business that optimisation and management of our natural re- is down, and we have a lot of empty homes, we have source from an economic point of view and sustaina- a lot of empty apartments. And so, Bermuda needs to ble point of view is not there, Mr. Speaker. adjust to that situation. The Government needs to manage that process for the next era. Now, Mr. An Hon. Member: So how are you going to do it? Speaker— You have not told us yet.

An Hon. Member: How are you suggesting we do Mr. Nelson H. Cole Simons: Mr. Speaker, is it not that? there. And that is what I am suggesting that this Gov- ernment do. Look at the factors that we have today Mr. Nelson H. Cole Simons: If you listen I will tell you and not just allow development to occur and the de- very shortly. mand is not there. Look at the number of empty com- mercial buildings that we have in Hamilton, Mr. [Inaudible interjections] Speaker. Look at them. They are going up and they are compromising our spaces. They are not being Mr. Nelson H. Cole Simons: Mr. Speaker, I have filled and we have problems economically and finan- said this before— cially. I would suggest that somehow a master plan An Hon. Member: An OBA solution? be [looked at] from a landscaping point of view, from a land usage point of view, whereby an economic and House of Assembly 2148 25 May 2012 Official Hansard Report physiological balance is made so that our property, because they were concerned about the next genera- our resources, are used efficiently and for the best tion. The voices were out. I mean, there were interests of our community. marches, walks, and everything. Mr. Speaker, it told me that a number of Bermudians were concerned The Speaker: You sound like an idealist. about the environment and they have an interest in how this country should be used. And I think a nation- Mr. Nelson H. Cole Simons: Well, Mr. Speaker, we al vision should be a priority. are talking about vision. We are talking about vision. A Mr. Speaker, the other issue that I would like country that has no vision will perish. And a lot of to address is the real estate situation. Mr. Speaker, as people feel that this country is perishing now, Mr. I said earlier, if we are to sustain ourselves from an Speaker. open space point of view, we had the 2008 Bermuda Development Plan and people’s properties were as- The Speaker: Take it easy, Minister. sessed and said they should be zoned as such and such. And we had a number of people that objected to Mr. Nelson H. Cole Simons: Mr. Speaker, [with] no the zoning. And I am going to say this to my people vision you perish. when it comes to private property. I am going to slip away from the Government for a minute. The Speaker: Yes, I know about that one. We had about 150 people that objected to the Carry on. fact that a portion of their property was either deemed to be open space, arable, or woodland reserve. Mr. [Inaudible interjections] Speaker, to those people I say we all have to partici- pate in ensuring that our open spaces are preserved. The Speaker: Mr. Simons, you can carry on. It is not just a Government initiative. We all have to participate. We all have to make our contribution for Mr. Nelson H. Cole Simons: I am continuing, Mr. the next generation. And if it means providing some Speaker. type of tax incentive that will allow a person to own some undeveloped property, I think it should be exam- The Speaker: But you lost your place? ined. I think it should really be examined. If you have a house or two houses on a prop- Mr. Nelson H. Cole Simons: Yes . . . well, no, I am erty that has an acre of undeveloped land attached to just going over my notes. it, the ARV would be really high. But I think there Like I said, Mr. Speaker, we spoke about the could be— tourism industry and how that basically uses our ho- tels. And they have the golf courses, they have the [Inaudible interjection] lawns, they have the tennis courts. Again, these facili- ties are nice for tourism. But we have some facilities Mr. Nelson H. Cole Simons: I know, but when you go that are not in use anymore and those amenities are and assess the ARV, they are going to look at the not being used. And that impacts the open space house and the land. stock that we have in the country. [Inaudible interjection] The Speaker: Yes. Mr. Nelson H. Cole Simons: No, no, no, no. You Mr. Nelson H. Cole Simons: They are not putting it charge for the house, yes. But if you go and have that back into the stock, it is just there as brown space. house assessed . . . if you have a house that costs And the brown space will expand, Mr. Speaker. $500,000 to build in a densely populated area and you put that same house on a property that has one acre An Hon. Member: Who does it belong to? of property, the ARV would be different.

Mr. Nelson H. Cole Simons: And so if we are going The Speaker: Of course, you are correct. to develop our open space, I have no problem on de- veloping open spaces on brown land, Mr. Speaker, Mr. Nelson H. Cole Simons: The ARV for that same because it has already been utilised. It is called recy- $500,000 house on a one acre property would be cled. much higher. It would be much higher, so I do not buy But I am not going to allow our prime real es- that argument. tate to be compromised for a model that is not floored, for a model that has not been prescribed by the peo- The Speaker: That is indisputable. ple of this country. I mean, when we did the Tucker’s Point . . . and I keep using that because it comes to Mr. Nelson H. Cole Simons: Well, tell that to your mind. The country was up in arms about that decision colleague, Mr. Speaker. House of Assembly Official Hansard Report 25 May 2012 2149

Mr. Nelson H. Cole Simons: No, no. Hon. Zane J. S. De Silva: Point of order, Mr. Speak- er. The Speaker: I did not think so.

The Speaker: Mr. Simons, the Minister has a point of Mr. Nelson H. Cole Simons: I said “arable lands.” order. Minister, what is your point of order? The Speaker: Yes.

POINT OF ORDER Mr. Nelson H. Cole Simons: [There are] 735 acres. [Misleading] The Speaker: But you are talking about the ARV? Hon. Zane J. S. De Silva: Mr. Speaker, the Honoura- ble Member is misleading the House and I will tell you Mr. Nelson H. Cole Simons: No, I am not talking why. about the ARV, I am moving to something else now, A $500,000 [house] in a very densely popu- Mr. Speaker. lated area and one on one acre of property . . . he is quite right. The ARV will be higher on the one acre. The Speaker: Oh. I am sorry, Mr. Simons— But I doubt if you are going to pay $500,000 for that same house in a densely populated area as you Mr. Nelson H. Cole Simons: So I am talking about— would in a one acre area. The Speaker: You are moving on. The Speaker: I cannot remember. Mr. Nelson H. Cole Simons: I am talking about in- centives for agricultural land and to keep that pre- Mr. Nelson H. Cole Simons: Thank you, Mr. Speak- served. Right now there are 735 acres of agricultural er. farmland, Mr. Speaker. Of that, around 325 or 330 acres are in use. People have been taking back their The Speaker: Carry on, Mr. Simons. farmlands and using them for gardens, for tennis courts, for paddocks, for other uses other than agricul- Mr. Nelson H. Cole Simons: He can speak to that tural use. And we need to be diligent and police these issue when he gets up on his feet, Mr. Speaker. initiatives because, again, this is an infraction on the I used that as an example. But my whole usage of the property. message, Mr. Speaker, my point is that there should So what am I saying? We have laws in place. be incentives in place—be they tax concessions, be We need to enforce them and ensure that they are they development concessions—for people that own manageable. But we also need to encourage our land real estate that is categorised as open spaces. owners to basically abide by the law and also consid- In addition, Mr. Speaker, we can also address er, with incentives from Government, adding to our the Stamp Duties Act. If I have a piece of property that stock of open spaces. is open space, and I leave it to the Government of Mr. Speaker, we spoke about the construction Bermuda, or I put a covenant in there which says that industry. Now we know that the construction industry it will be open space for 100 years, then there could is going through its challenges, but they have been be a discount on the Stamp Duty when I transmit that one of the perpetrators of crime as far as the envi- open space from one generation to the next. So you ronment is concerned. They have been the ones that put a covenant, and it is an incentive for the people of have been using some of our open spaces as staging this country to make their contribution and also try to areas. Mr. Speaker, some of these people have been keep their private property as an open space. taking away the topsoil of a parcel of open space— The same thing applies to agricultural proper- taking away the topsoil, selling it, and then what is left ty. Again, if you have a property that is in use, the deems it to be an industrial site. And then they build farmers are leasing it or in our place we just allowed industrial buildings on that site. the farmer to use a garden and we do not charge him Mr. Speaker, that cannot be allowed to hap- anything for it. And so there could be some incentive pen because, again, that compromises our open for other people to allow gardeners to have access to spaces, that compromises our agricultural land. We arable and agricultural land with an incentive from need to be more vigilant on those issues, Mr. Speak- Government so that we can promote and support our er. agriculture industry. Mr. Speaker, the other issue that I would like Mr. Speaker, it says that, quite frankly, there to address is . . . as I said, we talk about being more are about 735 acres of agricultural land. vigilant. Mr. Speaker, the Government has already embarked upon a number of studies that spoke to the The Speaker: Is it ARV? I did not— protection of our agricultural land and open spaces. All they have to do is adopt some of the recommenda- House of Assembly 2150 25 May 2012 Official Hansard Report tions made in the studies that they have already sanc- coast of south shore, 8 acres of parcelled land given tioned. And I will go through a few examples, Mr. to the community and it is managed by the Bermuda Speaker. Audubon Society. The Bermuda [Bio]diversity Strategy and Ac- Mr. Speaker, we should encourage these fam- tion Plan spoke to open spaces and some initiatives ilies that own these types of properties. If they are go- there. There was a study done in the State of the En- ing to give it to the country as a reserve, if they are vironment Report by the Government in 2005. Then going to give it to Government, if they are going to you have the Sustainable Development Strategy and make it a gift to the people of this country, then let us Implementation Plan of 2008. Mr. Speaker, these are do something about reducing the Stamp Duty when Government-sanctioned studies and reports done by these properties are transferred to the people of this professionals—some of the reports have come to this country. House, some of them have not. If the Government Mr. Speaker, there was the Winifred Gibbons abided by and adopted some of the recommendations Nature Reserve. Two acres were given to the people found in these reports, then we would not have the of this country and the Bermuda Audubon Society by challenges that we have today when it comes to com- the Gibbons family in 1993. They are people of this promising and destroying our most cherished asset— country, yes. They have money. I am not questioning our natural resources. how they got it. And they have a lot of real estate. But Mr. Speaker, the other thing that I found most if they want to add to our stock we should encourage attractive and that was raised by the Honourable Kim it and welcome them. Swan when he touched upon the issue of— So, Mr. Speaker, on those few notes I will end as I began, this issue is bigger than Parliament. This The Speaker: It looks like you are going to be short, issue of where Bermuda wants to position itself in are you? 2020 and 2030 from an environmental point of view, from an open spaces point of view, from a land utilisa- Mr. Nelson H. Cole Simons: I am cutting it short, Mr. tion point of view, is the business of the people. And Speaker. we need to go to the people and ask them what vision they want for Bermuda. Do they want a Hong Kong? [Laughter and inaudible interjections] Or do they want a Barbados? Do they want a Monte Carlo or do they want a Guernsey? Do they want a Mr. Nelson H. Cole Simons: And the charities, Mr. New York or do they want a Bahamas? Speaker. As for the charities, Mr. Speaker, I would like Mr. Speaker, our people must be asked and to commend the open spaces. I would like to com- our people must be brought along when decisions of mend the Buy Back Bermuda campaign. this magnitude are made. Mr. Speaker, obviously, those charitable or- Thank you. ganisations have done a sterling job. In particular, Buy Back Bermuda, which was a partnership between the The Speaker: Thank you, Mr. Simons, the Honoura- private sector, the Bermuda Audubon Society, and the ble Member from Smith’s South. Bermuda National Trust. They raised millions of dol- Any further speakers? lars and bought a number of properties, a number of I recognise the Honourable Member, Mr. C. reserves, to do their bit to help preserve open spaces. Swan, from Southampton West Central. And, again, I want to salute them for their success. Mr. Swan, you have the floor. There is the Eve’s Pond, there was the Long Bay in Dockyard, and there was the Evan’s Bay Pond in Mr. Charles F. B. Swan: Thank you, Mr. Speaker. Southampton. Again, these reserves were purchased Yes, I do have a few notes that I compiled to as a result of the Buy Back Bermuda charity. And I do with what I call a very worthy topic. It sort of falls a salute them. We need more action like that. little bit from a motion that was delivered last week. Mr. Speaker, as I mentioned earlier, there is a No, not the same notes, just a few things missed out role for Bermudians to play in this endeavour. Some and a few points I wanted to . . . it is sometimes inter- of our high net-worth Bermudians have made contri- esting sitting here and listening to the banter back and butions in the past. I would like to highlight some of forth. I have heard a few points of orders and what the gifts that have been given to our stock of open have you that, frankly, made me chuckle a little bit. spaces. I would hope that other families that have a But on to the topic. lot of real estate would follow their leadings. Mr. Speaker, I had a look through the Sus- Mr. Speaker, the most recent one, as far as tainable Development Unit’s website and what they private individuals or organisations providing a gift to have done. That is one of the areas that I am going to the community, is the Alfred Blackburn Smith Nature really throw some kudos. The headings that are cov- Reserve. That is the piece of property between Coral ered there under “Imagine” they call them Imagine Beach and the Surf Side, Mr. Speaker. I walk there one through, I think, it is five or six. I am not going to quite often and it is a pristine piece of property on the cover them all, just a couple of them. They are very House of Assembly Official Hansard Report 25 May 2012 2151 laudable. And, Mr. Speaker, last week we debated an So for the reasons that I just mentioned it real- Ombudsman’s Report on SDOs and I encouraged ly is incumbent on the people amongst us who are in Government to take and embrace recommendations. charge or have authority, the ability to enact legisla- Well, the same thing I can say about what has tion, to pay attention, in this case to the available land come out of the Sustainable Development Unit Task- for recreation, parks and open spaces. It is incumbent force. And the fact of the matter is, Mr. Speaker, this on us to do so, Mr. Speaker. We have that responsi- country is 21 square miles—13,000 acres. And it has bility and I believe we should take it seriously. been 13,000 acres or 21 square miles since day one. One of the Imagine items in the Sustainable Back in 1950 the population here was about 37,500. Development (I am just going to try to get to it, sorry.) was No. 2, Theme 2, Living Within Our Limits. And [Inaudible interjection] like I said, we have 21 square miles here. That is our limit. That is our boundary. We cannot build outside of Mr. Charles F. B. Swan: That is right. We concreted that. We did at one time. We did create some space. two more acres at WEDCO, but I will get to some of We knocked down islands and filled in land to create where we have created land or what has happened to the airport (not “we” but the United States Govern- it in a minute. ment). They also levelled land in Sandys to create Back in 1950 our population was 37,400; now what is now Morgan’s Point. It was the Naval Air Sta- it is not quite twice that. We can imagine, and we all tion up in Sandys and Southampton. That was done know that back in 1950 the Island was not built up as during a period of crisis and we gave a long-term much as it is now, but our population has nearly dou- lease for the US Government to use that land and bled. But the amount of land that is now parkland (or they created our airport, literally. An airport that we in public hands anyway) has gone down. And I want- rely on today. ed to just throw that out as a sort of preamble. We do not have too many options for creating It has gotten to the point now where Bermuda more land, although we do have some. There is rec- ranks . . . and it is not just a problem common to Ber- lamation, I believe, still going on at the airport and it muda. It is common to a lot of small island states would be interesting to know what the plan is, what where there are a multitude of demands. We call our- the state of that is going forward. But as far as actual selves a developed Island or developed country. land that is for open recreation and open space we There are a multitude of demands on the available are not creating any, Mr. Speaker. We have to pre- space. But Bermuda now ranks sixth out of about 200 serve what we have and then plan how the rest stays countries in worldwide statistics on urbanisation. That as it is, literally. I would hate the thought of my grand- is the built-up areas within its boundaries, within our children growing up on an Island that is 100 per cent 21 square miles—we rank sixth. And that is a product urbanised, literally no open space. It is not going to of . . . like I said, our population has nearly doubled happen. No. But when we have 8 per cent that is now and the amount of land that is either arable, open in publicly under Government control in their stock of public hands or open in private hands has all de- parkland and open space . . . 8 per cent is not a very creased. And because of our size and population go- high amount, Mr. Speaker. ing up, almost doubling, of course we have one of the Anyway, I was talking about the Sustainable highest densities of population—the highest number Development Unit and their Theme 2, Living Within of people living in each square mile. Our Limits. And one of the themes they are coming up Our population has been fairly steady for the with (and I have talked about this before) is near and last 10 or 15 years. Our population growth is not very dear to my heart. It is embracing new technologies high, but it is growing, Mr. Speaker. So it is not hard within our development and planning framework that for us to imagine that we are not going to get to make better use of fuels or available resources, Mr. 100,000 people or even more or even 80,000 people. Speaker. It is conceivable, but it is improbable to my mind un- We do not build with Bermuda stone anymore. less we create more land and this type of thing. And that would be because if we did . . . well, it just For the people that we have here now, Mr. would be unsustainable. So we build with concrete Speaker . . . and I just want to digress. I remember a block for the most part. previous speaker (I believe it was my colleague, the There are new technologies that are cost- Honourable Member Mr. Swan) talked about the . . . effective and environmentally friendly that we should remembering what Bermuda was like 30 years ago embrace for building. And the Government has taken and being ridiculed in 1983 (I believe it was), and here a bit of a lead as far as green technologies with solar we are 30 years hence. I recall the area that I grew up and photovoltaic panels and what have you. We have in in White Hill there, being along the street Fairhaven to move forward with those as expeditiously and in as Lane—a few houses and then a big banana patch, Mr. broad a way as possible, Mr. Speaker. These are Speaker. But now it is houses all the way down. And ways that we can sustain ourselves going forward as we have seen that happen all over the Island. the country we are, develop with the means we have, within the boundaries that we have. House of Assembly 2152 25 May 2012 Official Hansard Report

I believe that Planning laws should encourage in this country. And I believe that the Government buildings. Planning laws should be designed to en- needs to embrace them, Mr. Speaker. courage buildings that incorporate energy efficiency Now, it is difficult. I mentioned this last week within their construction in some sort of percentage— in the . . . there was a little bit of a brouhaha because 10, 15, 20, 50—something! Because it has been of the Ombudsman’s Report and some things being proven that these are ways . . . I mean, other coun- called lawful or unlawful and it’s aspirational— tries do it. Countries bigger than us with more re- sources do it. Because of our size and limited re- The Speaker: You do not want to debate that again. sources I believe we have to do things a little bit quicker, Mr. Speaker. Mr. Charles F. B. Swan: I do not want to debate that There are technologies out that recycle water. again, but, Mr. Speaker— We are starting to move that way. Some of the new developments that are being proposed here by over- The Speaker: Leave it alone. Leave it alone. seas developers that come here . . . these are some of the demands that are made on our spaces. We Mr. Charles F. B. Swan: What I want to say is, Mr. need to make sure that they incorporate within these Speaker, that there are probably, possibly areas that developments aspects that protect what open space we might be able to take advantage of . . . or exper- we have so that it is available going forward. And also tise, or even financing . . . you know, in enabling us to that they embrace new technologies that enable them increase our parkland. to make less or not as great an impact on the re- We have got Marsh Folly over here. We do sources we have. not know when it is going to eventually become a I am talking about water and these types of park, but that is a great thing. That will increase the things. There are technologies out there for recycling amount of open space. That is an actual increase in water, whether it is for flushing or irrigation. And there open space on our Island. It is not usable as it is. It are places that do it. But it needs to be firmly en- needs to be made so that it is habitable, usable, by shrined within the framework of development pro- people as open space and parkland. And we do not posals. The same way we are calling for environmen- know and I am sure we cannot say when that is going tal impact assessments to be a part of new major de- to happen, Mr. Speaker. velopment, other aspects of development need to be But I am thinking of Bermuda at the stage that addressed and made a part of them as well. we are in having access to . . . there are organisa- The Sustainable Development Unit talked tions, they call them development funds, but for a about (I think it was Theme 5) Transforming Govern- country like ours that is already basically as devel- ance & Public Sector. And I want to just talk about oped as it can be as far as buildings go, and that type that. of thing, we may be able to have access to funds that You know, literally a week in this House does help us to figure out how to get this park as an open not go by without us hearing about CMIT and joined- space, usable, sooner than we are now. We may. It up government and all these types of things. And that might be a little difficult if they do not see us honouring is great, Mr. Speaker. I love it. They sound great. But I commitments that we have signed to, but I will not go honestly wonder if they are actually working. And I am there, Mr. Speaker. I just wanted to touch on that. sure it is in some instances. I am sure it is, especially with financial assistance and what have you. But it The Speaker: You know of some? You should dis- needs to work with our Planning and Environment. We close that to the authorities. have two separate departments there. One deals with development, one deals with the environment. They Mr. Charles F. B. Swan: The Honourable Member are sort of opposites tugging against each other, but who gave his Ministerial Statement this morning, one they need to be joined-up. has to give him kudos, Mr. Speaker. It would appear And not only that, Mr. Speaker, I talked about that he wants to appear ahead of the game and what some Planning laws and things to do with the SDOs have you. But I kind of maintain that what we are do- or Environmental Impact Assessments, but we need ing here is preserving what we have, which we have to be a joined-up country as well. We do not have the to do. And I want to commend him for that. But what benefit of . . . call them non-governmental organisa- we really need to be doing is increasing the amount of tions that advise Government and that are listened to. parklands that we have. You know, they are expected to be listened to. But I With that, I just want to imagine one thing. believe that we have to make use of the organisations There was an ad. I think our Tourism Department that we do have. Some were mentioned—BEST, and used the words “unspoiled,” “unhurried,” “uncommon” what have you, Greenrock. These organisations can in advertising some years ago. I cannot remember provide input that helps in the decision-making pro- when. It was before my time as a Parliamentarian. cess for us to make better decisions for everyone here Different words for different times, I suppose. I am comparing that to “Feel the Love,” one of the things House of Assembly Official Hansard Report 25 May 2012 2153 we have now. But I look forward to a Bermuda that forget Mr. and Mrs. Bermuda who did not benefit from maintains an unspoiled, unhurried, uncommon sense some of that horrible history that we have in this coun- and feel that is Bermuda. That is our natural re- try with regard to land and how it was acquired. Let us source—not just our people—it is the land we have, it not forget that. is the open spaces we have as well. And we have a So we can take our hats off to some of those duty to protect it, to preserve it and to increase it. We landowners in this country, but let us not forget our do not only count on it for ourselves, but our children history. And let us not forget who has been playing and grandchildren. catch up for many years in this Island. And I say that So with those few comments, Mr. Speaker, I for a reason, Mr. Speaker, because if you look at our just wanted to thank you. history and how a lot of the land was acquired and if you look at who has been playing catch up—and I am The Speaker: Thank you, Mr. Swan, the Honourable not talking about what goes on your hamburger, I am Member from Southampton West Central. talking about catching up with the times, Mr. Speaker. Any further speakers? So let me say this, Mr. Speaker, with regard to I now recognise the Honourable Member, Mr. catching up— Z. De Silva. Minister De Silva from Southampton East The Speaker: Yes. Central has the floor. Minister? Hon. Zane J. S. De Silva: And let me state that I am very much, very much supportive of open space and Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. preservation of land, Mr. Speaker, but let us not . . . let Mr. Speaker, I am happy to make my contri- us not for a moment, all of a sudden, as has been in- bution today, too. And I certainly would like to start off dicated from some members of the Opposition, let us where the Honourable Member that just took his seat not forget that many of our Mr. and Mrs. Bermuda in finished. playing this catch up game would like to get a piece of I think he mentioned that our population has the rock too. So let us not, as has been suggested or doubled over the years. No doubt it has at some certainly inferred by certain members of the Opposi- stage, Mr. Speaker. It doubled. I am sure that that tion—and in particular Mr. Cole Simons—let us not— trend will continue as life goes on. And of course he said that the open space has diminished. Well, duh! The Speaker: The Honourable Member, Minister. Mr. Speaker, it does not take a rocket scientist to fig- ure that out when you only have 13,000 acres. And, Hon. Zane J. S. De Silva: The Honourable Member. Mr. Speaker, let me say this, would that Honourable Member—along with the OBA, because several of The Speaker: Thank you. them have talked and maybe several more will speak—want us to stop developments like Morgan’s Hon. Zane J. S. De Silva: Mr. Speaker, let us not for- Point and Park Hyatt and maybe Ariel Sands and get that Mr. and Mrs. Bermuda who have been saving maybe Pink Sands? Mr. Speaker, some of the proper- for many years . . . let us not all of a sudden look at ties—Lantana comes to mind, the old Sonesta Beach policies . . . and maybe that is the OBA’s intention if site. You know, I would say, the Honourable Member, and when they ever should get in power (and hopeful- Mr. Richards, who is not with us today— ly it will not be in my time). But if these are the types of things that they hope to implement if they were ever An Hon. Member: He is here. I have seen him. to get in Government and have the power to change policies, I would hope, Mr. Speaker, that their intention Hon. Zane J. S. De Silva: Oh, he is? Oh, okay. All is not to create policy where our people who have right. He is here, so maybe he will come in and lay a been playing catch up and been saving and working few words before the day is done. hard for many years do not get a chance to own a But certainly, Mr. Speaker, I would like to hear piece of the rock. Let us hope that that is not on their what he has to say about some of these things espe- agenda going forward, Mr. Speaker. cially since that Honourable Member seems to beat This Government built developments like Pe- the drum with regard to foreign exchange and us lay- rimeter Lane and Loughlands for our people, Mr. ing out the red carpet for international business. We Speaker, and geared-to-income just happens to be will talk about some of the other comments today, Mr. our brainchild, Mr. Speaker. And that of course is Speaker, being made by the Honourable Member, Mr. working out very nicely at Perimeter Lane. Geared-to- Kim Swan, and also Mr. Cole Simons. income for our people, Mr. Speaker, that is what we Mr. Speaker, Mr. Swan, the Honourable have done with some of our land in this country. But Member, said he takes his hat off to those private Mr. Speaker— landowners who have preserved open spaces. Mr. Speaker, that is fine and that is good. But let us not House of Assembly 2154 25 May 2012 Official Hansard Report

Mr. Nelson H. Cole Simons: Mr. Speaker, point of order, please. Hon. Hubert (Kim) E. Swan: Point of order, Mr. Speaker. The Speaker: Minister, there is a point of order. Mr. Simons, what is your point of order? POINT OF ORDER [Impugning] POINT OF ORDER Hon. Hubert (Kim) E. Swan: Point of order, Mr. Mr. Nelson H. Cole Simons: My point of order is that Speaker. the current speaker is not adhering to the Motion as The point of order is that the Honourable presented in the preservation of open spaces. Member is impugning improper motives and I would like to learn him up. The EEZ grew out of an initiative The Speaker: I uphold you. You are absolutely right. first to the United Bermuda Party by Mr. Kenneth But he is giving a little intro. Clark (which became the Bermuda Small Develop- ment organisation), later by Khalid Wasi, later brought Hon. Zane J. S. De Silva: Well, Mr. Speaker— to this Honourable House by Mr. David Dodwell. And we are thankful that the Honourable Government has The Speaker: Minister, I thank you but . . . yes. He is taken up an initiative that grew out of the United Ber- giving a little intro. muda Party. But he is misleading the House when he goes down that road. Hon. Zane J. S. De Silva: Thank you very much, Mr. Speaker. The Speaker: Thank you, Mr. Swan. Mr. Speaker, I have spent the last several Carry on, Minister. hours listening to all sorts of things related to this topic and I do not think I am off base at all. Maybe the Hon- Hon. Zane J. S. De Silva: Mr. Speaker, with regard to ourable Member who just had a point of order is a little that comment I will continue on in that with the crea- . . . his feathers are a little ruffled because I am talking tion of the EEZ, whether it be in Hamilton, St. about some of the great things this party has done, George’s, Somerset, or in the West . . . let me say Mr. Speaker. Maybe he does not like the fact that I am this: My point was that both of those Honourable bringing up some history on our open spaces in this Members talked about do we want a Hong Kong, i.e., country, Mr. Speaker. But let us not go there. do we want city blocks, office blocks, buildings in our city that mirrored that country, or that of Monte Carlo. The Speaker: I am going to give the Minister a But let me say this, Mr. Speaker, I was bringing about chance to get to the— the point (and I hope that I will not get a point of order this time and stop me) . . . but I hope it is not the Op- Hon. Zane J. S. De Silva: Let me get back, Mr. position’s intention that because we have these new Speaker. Yes, let me get back. zones that could be beneficial to some of our people that may have property in areas other than Front The Speaker: Carry on, Minister. Street and Reid Street, Mr. Speaker, I hope there is not an intent to stop any development in those areas Hon. Zane J. S. De Silva: Mr. Speaker, the Honoura- so that some of these people might be able to have a ble Members—both Mr. Swan and Mr. Simons— beneficial, long-lasting, financial gain for their people talked about what will Bermuda look like in 20 or 30 as— years’ time. Hon. Hubert (Kim) E. Swan: Point of order, Mr. An Hon. Member: Yes. Speaker!

Hon. Zane J. S. De Silva: And both of those Honour- Hon. Zane J. S. De Silva:—is the case currently. able Members, Mr. Speaker, talked about Hong Kong. Hon. Hubert (Kim) E. Swan: Point of order, Mr. An Hon. Member: Yes. Speaker.

Hon. Zane J. S. De Silva: One Member talked about The Speaker: The Honourable Member Mr. H. Swan Monte Carlo, Bahamas and Barbados. Mr. Speaker, has a point of order. pre-1998 most of the buildings in this country were What is your point of order? built. And if we look at the history of this party, Mr. Speaker, you will be familiar with the creation of the POINT OF ORDER EEZ in North Hamilton. I hope it is not the Opposi- [Impugning] tion’s intent to all of a sudden after all the— House of Assembly Official Hansard Report 25 May 2012 2155

Hon. Hubert (Kim) E. Swan: The Honourable Mem- Mr. Speaker, there was talk about the 8 per ber is impugning improper motives on myself and all cent of land that is owned by the Bermuda Govern- those who have spoken. He is going down a path ment. And I have heard several Members Opposite which is unfortunate, but let me tell the Honourable talk about— Member when he speaks of “our” people all people in Bermuda are “our” people. And I take great exception The Speaker: It is parkland. to him trying to stand and make such a disrespectful inference. He needs to declare his interest as a de- Hon. Zane J. S. De Silva: Parkland, yes. Thank you, veloper and go down that road. And I will not tolerate Mr. Speaker. what he was trying to infer. Talking about [how] that landmass should be increased over the next 20 years. And, Mr. Speaker, I The Speaker: Take your seat, Mr. Swan. do not . . . I would like to think that we could. But of Carry on, Minister. course, this Government has many responsibilities. Just be a little bit careful now, Minister. And the Opposition will continue to say that we have a debt. They constantly talk about the debt that we Hon. Zane J. S. De Silva: Yes, Mr. Speaker. You have. And, Mr. Speaker, if we are going to acquire this know it is a shame that the Honourable Member . . . type of land and we want to increase the percentage he is the one getting up to point of order, but I will not of landholdings it is going to take money, unless we withdraw my comment with regard to the development are fortunate enough to have land donated to us as on Front Street, Reid Street, Church Street, Mr. there has been in the past. Speaker, and are the owners of those buildings are So it is all well and good to say that we should and who may be the owners of buildings in the north have a plan, we should have a 20- or 30-year plan, of Hamilton. I will not withdraw that. and that way we will be able to preserve certain lands. But, you know, when we talk about . . . and if And my hat will go off to the previous government, Mr. you look at some of these developments, Mr. Speak- Speaker, I think they did fairly good. They acquired er—and I will declare my interest, I have a building on some land for the Government and as we took over Front Street, too. we have managed to look after it and we have had some increases as well. And we will continue to do An Hon. Member: Oh, yes. that. But it depends on many factors and the least of which is the almighty dollar. Hon. Zane J. S. De Silva: Oh, yes, Mr. Speaker. And Mr. Speaker, the Honourable Member, Mr. I can assure you that some people on this Island very, Cole Simons, talked about [how] we have to put a very, very strongly objected to that. Because I can stop to buildings going up that are not filled and that assure you that Zane De Silva was the last person are sitting around empty. Mr. Speaker, and I will de- that they wanted to own a building on Front Street. clare my interest yet again—yes, I am a developer— And I can give you some history on that, too. But, Mr. Speaker, let us say this, if we look at Mr. Nelson H. Cole Simons: Mr. Speaker, point of some of the development and if you look at develop- clarification. ments like the waterfront, the former PW site, you look at another building just from a stone’s throw away, ten The Speaker: Do you? stories high . . . let us not put the chains on any future development for others, Mr. Speaker. I am all for open Hon. Zane J. S. De Silva: Sure. spaces as I have said, but we have a city and I am going to say that I would have to back up the Opposi- The Speaker: The Minister yields. Mr. Simons what is tion Member, the Honourable Member, Mr. Richards, your point of clarification? when he says that we have to continue to lay out the red carpet for our international business stakeholders POINT OF CLARIFICATION in this country. Mr. Speaker, if we can have buildings that are Mr. Nelson H. Cole Simons: What I said, Mr. Speak- up-to-date, have all the latest in technology and ser- er, is that we need to do an effective job in balancing vices that our international business folks are used to, and managing the housing stock in regard to the de- then I say, Let’s do it. Let us continue to open up the mand for the housing and commercial requirements. doors of Bermuda and let them know we are open for business and know that we have top-class facilities if The Speaker: Carry on, Minister De Silva. they wish to move their businesses to Bermuda. And I think that we do have some very good facilities avail- Hon. Zane J. S. De Silva: Now, Mr. Speaker, you able for our international business partners that de- know me by now, when Members opposite talk I tend cide to come to Bermuda, Mr. Speaker. to write some things down very meticulously and very quickly. And I can assure you if you check the Han- House of Assembly 2156 25 May 2012 Official Hansard Report sard you will find that the Honourable Member, Mr. Mr. Speaker, certainly, I think that if anyone Simons, did say that we have got to manage putting has any land that they wish to donate to this Govern- buildings up . . . or stop putting buildings up that are ment, I am sure the term, the word, the phrase “nego- not being filled. tiation” will come into play. And I am sure that all Mr. Speaker, a developer, I am sure, is not things could be looked at with regard to land being going to spend $20 million, $30 million, $40 million, donated to our people. $50 million or $60 million on putting up overstock if he So, Mr. Speaker, I would like to finish with the does not feel that there is a need to be filled. So I can thought. We must, in preserving our land in this Island assure you of that, Mr. Speaker. for our people—which I fully support—at the same Mr. Speaker, the Honourable Member, Mr. time we must not forget about our people that have Simons, also touched on Tucker’s Point Club. He struggled for many years and saved. Some of our talked about the marches and people being up in people are looking to acquire their piece of the rock arms and people being concerned and Government too. Let us not forget them. not being really concerned about the open space and Thank you, Mr. Speaker. about the SDO and about that whole situation down at Tucker’s Point. But let us not forget that as Govern- The Speaker: Thank you, Minister De Silva, the Hon- ment we have a job to do. And our job is to preserve ourable Member from Southampton East Central. open spaces, create jobs, and protect jobs, too. I now recognise the Honourable Member, Mr. If you remember (because I certainly remem- T. Lister, from Sandys South. ber correctly doing a bit of homework on Tucker’s Mr. Lister, you have the floor. Point during that debate), even though we have folks marching up and down waving their arms, placards Mr. Terry E. Lister: Thank you, Mr. Speaker. and all that stuff, we also had a situation where Tuck- Mr. Speaker, I believe this is a very important er’s Point Club financially were in dire straits. And and useful debate that we are having here today. On more important than that, Mr. Speaker, are the 400 a very small Island that has a heavy population per Bermudian jobs that were on the line. And I said it square mile, per capita being one of the highest in the then and I will say it again now with no apologies, if world, we have to be extremely careful about how we you ask me to make a decision between a tree and a use our landmass. The idea of us just building and job, I am going to take the job, Mr. Speaker. building and building and becoming Hong Kong or Singapore or something like that really does not ap- The Speaker: Yes, I do recall that. peal to most Bermudians. In fact, it does not appeal at all. On the other hand, the thought that says we will Hon. Zane J. S. De Silva: Yes. cease and desist and not do anything is not a wise decision either. The Speaker: I do recall that. Open space definitely is necessary. It is valu- able and should be cherished and protected. I believe Hon. Zane J. S. De Silva: Yes. And I will continue to this Government has taken that approach all along say that because we can always plant a tree but you and tried to do as good a job as we could in that re- cannot always quickly put 400 people back to work. gard. Protection is also given by families and trusts and people of this nature when they give property to An Hon. Member: Are you speaking as a Govern- the Government or they give property to the Bermuda ment Minister or as a developer? National Trust. Again, a very wise position, something for everybody’s benefit. But at the same time it has to Hon. Zane J. S. De Silva: So, Mr. Speaker, let me be managed. say I will always, always take a job over a tree— I have known of situations where property has always. gone to the National Trust and it has almost become Now, Mr. Speaker, we also had a suggestion decrepit and falling down because they did not have put forward by the Honourable Mr. Cole Simons with sufficient resources to do the upgrades and the man- regard to Stamp Duty on land. In particular (and I agement. And so whilst we are all happy to say, Yes, stand to be corrected), I believe he said in 1993 the let’s give things to the National Trust. Let’s let the Gibbons family donated a two acre reserve to the Na- Trust take care of this, that and the other, there is tional Trust and the Audubon Society. Mr. Speaker, I some money that has to go along with that as well to do not think I have to go into any great detail about ensure that the property can be properly managed. the Gibbons family in this Island. I mean, to say that The last thing we want is to see grasslands become that particular family should receive a Stamp Duty re- wild lands because no one can take care of the site, duction because they are donating two acres of land? no one can do what is required to keep it at a stand- Mr. Speaker, I would think, certainly, if that were the ard that can be used and appreciated. case that . . . come on, Mr. Speaker, we know where I Mr. Speaker, on the one hand, while we re- am going with that and let us not go that way. spect and see the value of open space, development House of Assembly Official Hansard Report 25 May 2012 2157 is a must also. We cannot go down one path and not The Speaker: The Honourable Member. go down the other. If you just think of areas in Bermu- da which at one time were pretty run down or not too Mr. Terry E. Lister:—the Honourable Member— attractive . . . when I was a child (yes, a child at Berkeley, because I was only 15 when I finished) The Speaker: Yes. there were people who lived in what was called the incubator. It was pretty rough conditions. It is pretty Mr. Terry E. Lister: She saw fit to ask me to be re- nice out there today, 40 years later. sponsible for the development of South Side. And Without calling a name, I had a classmate then a year later she asked me to also take on re- who lived at a house down on North Shore where sponsibility for the Environment Ministry. And there there was all this trash and garbage in front of the were the critics who immediately wrote letters, articles place. It looked like a dump. And when I drive past that said, How can Terry Lister be responsible for de- there today sometimes I see the tenant sitting out in velopment and for protecting the environment? the yard that overlooks the water on North Shore. And there is a white English person sitting there enjoying An Hon. Member: They said that last week about me. their property. And I laugh to myself knowing that it was almost a dump in the late ’60s when I would go Mr. Terry E. Lister: Did they really? Well, it is all there checking out my mate. there. It is 10 years old. That is what they said. How So, should we have objected to that place be- can Terry Lister be responsible for the development coming anything but the dump that it was then? and the protection? Should we have stood still? No. We move forward. And I said that I really did not see a problem. And today we have a beautiful property there. And And we did not have a problem. And 10 years later I many of us in our mind’s eye can think of places up have not heard anybody get up in this House, or in the and down the Island—and our own neighbourhoods— press, and pull out the examples of where things were that have been upgraded in that manner. approved by my Ministry that were against one or the Opportunities must be taken when they come. other. We balanced it. It is our responsibility. We have When we have an opportunity to develop a hotel, we to act responsibly so we get it right. And so there is have to be sure that all the regulations that exist are nothing wrong with a Ministry today that has environ- observed. All the necessary practices followed. But mental protection on the one hand and development. we should not set out to trap the project in limbo. We should not set out to say, Ha, ha! They think they are [Inaudible interjection] going to build this. Ha, ha! It ain’t gonna happen. No, that is the wrong approach. We should not be doing Mr. Terry E. Lister: I expect, and the country expects, that. We should be saying, Yes, I support this if it is of that Minister Bean, for instance, will deliver on energy. value all around. But you are going to have to comply And some of that is going to change the way we look with what we in Bermuda consider to be appropriate at the environment. We are going to deal with it in a regulations. Everybody wins then. Everybody wins. different way. And if Minister Bean does not get on My colleague, the last speaker, gave what I with it we are all going to be disappointed. always considered an extreme case where you have to choose between the tree and the job. But I really The Speaker: Now, it is “the Honourable” in here. believe that most times we can have the tree and the job. We can have the tree and the job. And that is the Mr. Terry E. Lister: The Honourable Member Mr. position I have always taken. I believe we can have Bean. both. And so we as a Government strive to go down that path. The Speaker: Yes. As we look forward into the future that is really where we have to go. How we can balance . . . a call Mr. Terry E. Lister: So you see the point I make. of a name is not very much appreciated in this House We have asked him to do two things, which by both sides, probably. But former Member Stuart some would see as being a conflict. I do not see the Hayward wrote a book over 20 years ago on Bermu- conflict. It is how we approach it and what our goal is da’s delicate balance: people and the environment]. and having a clear vision for where we go. And you And that is really what it is all about. It is a delicate know what it actually requires of us? It requires that balance, trying to get it right. And we do not want to we have a sharper pen, a better point, a clearer vision go rushing down either one of these two paths if peo- because if you get all muddled you will get it all wrong ple see the two paths as being separate. I really do guaranteed. not. Dame Jennifer Smith when she was Premier An Hon. Member: Clearer vision. saw fit to—

House of Assembly 2158 25 May 2012 Official Hansard Report

Mr. Terry E. Lister: Clearer vision, that is right. So My uncle, the Honourable Member, Walter that is what is being asked of us and I have confi- Lister, could tell you of the struggle we had. Because I dence that we can deliver that. was the Minister and he was the Chairman. He could Mr. Speaker, look at some of the things we tell you of the struggle we had changing the gates. have on right now. Morgan’s Point. Wow! What a The Historical Advisory Committee . . . is that their wonderful opportunity, a build-out that could take 10 to proper name? 20 years. It is in my constituency. It is the constituency of the Honourable Member Randolph Horton, and we An Hon. Member: Yes. welcome it. We have had a series of meetings over the Mr. Terry E. Lister: In his normal tactful way my uncle last few years with our constituents. We have made dealt with it. In his normal tactful way. But, however, the developers come up . . . and we have not really there was a challenge. They did not want the gates to made them; they have willingly come up and talked be changed because the gates had been that way for about what they want to do. Our constituents have almost 200 years. We said, Listen, listen, we can do questioned them and told them what they like and told this. Yes, we can, we can do this. And so the heads them what they do not like. Some pieces they do not were put together, the objections were heard, the En- like, but we talk it through. And now as we go forward vironment Ministry stepped up to the plate and did its over the next 20 years with the development, we will job, and, by golly, do we not have a wonderful set of be expecting that the Environment Ministry will do its gates there? job to ensure that the standards for protection are in place. An Hon. Member: Yes. But at the same time as Minister De Silva, the Honourable Member from Southampton, was saying, Mr. Terry E. Lister: Is it not nice? we will get jobs, that project is expected to create at its height as many as a thousand jobs—a thousand The Speaker: Very nice. jobs—in an economy that used to be 39,000 jobs and is now down to about 35,000 or 36,000. Surely we Mr. Terry E. Lister: Is it not nice? How about the welcome that. Surely we must embrace it. In fact, you bridge, the final bridge to get you right into Dockyard know it would be a good thing if all of us, when we say proper? Remember that narrow little bridge? Now we our prayers at night, just put a sentence or two in have opened it up and made it wider. And if you did there just for the Morgan’s Point project. The Good not know what the bridge before was like you would Lord will take it. think the current bridge was the bridge.

[Laughter] [Inaudible interjections]

Mr. Terry E. Lister: I hear a little snickering here, Mr. Mr. Terry E. Lister: You see? Am I right? I am right, Speaker. Some Members do not really want to do it, you know. I am absolutely right on this because we but I am going to suggest again that they add those respected the history, the environment, and the for- sentences because it really will not hurt us. ward planning needs to make it work. Mr. Speaker, my colleague to my left, the Mr. Speaker, can you imagine if we had built Honourable Member Minister Weeks, was (what is the that beautiful pier, moved from being able to handle a word I want to use?) . . . I want to use a good word. I little ship of 2,000 people to handling 5,500 people on am just going to say he was kindly enough to come to a Saturday morning and then we could not get the this place this morning and to talk to us and inform buses in and out of Dockyard? Bermuda about the plans for Dockyard, the new hous- Would that not have been incredibly stupid? I ing development. mean, it would have been incredibly stupid. Mr. Speaker, if you ever want an example of So you see you do these things in a way so how the country can be developed while at the same that everybody wins and it all works together. There time respecting the environment, respecting the histo- are a lot of smiling faces now because of that project ry, Dockyard is surely it. And it does not start at the and doing it right. gates to the final Clocktower and the Keep, but in fact it starts right at Watford Bridge and goes all the way An Hon. Member: Against the criticism. through. All the development that has gone on in the last 30 years has been concerned about the balance. Mr. Terry E. Lister: Yes, against the criticism. Do we have enough space for people play? Are there One of the projects that is quietly going on at enough fields? Are we building housing that will work, the Dockyard is the recapture of the Westgate [sic] like Boaz Island Village? Are we ensuring that the his- facility. It is being remodelled and redesigned— tory is protected? [Inaudible interjection] House of Assembly Official Hansard Report 25 May 2012 2159

boos for the future is still—are you listening Honoura- Mr. Terry E. Lister: What did I say? Westgate? ble Kim Swan? Casemate, excuse me, I do not want to talk about Westgate. It will be there that for another day. An Hon. Member: [INAUDIBLE] Casemate, which as those who are a little older will remember, had a life long before it became a Mr. Terry E. Lister: Give me my cruise ship for St. prison. It only became a prison in the late ’50s, early George’s. Give me my cruise ship for St. George’s. ’60s. But before that it was the barracks for the army Well, you know, you are not getting a cruise ship until officers. And so that is trying to be restored and rede- somebody sits down and makes a serious decision veloped. You know, suppose the Environment Ministry about tomorrow. said no to that. Suppose they said no. An Hon. Member: Yes, that is right. An Hon. Member: Leave it as it is. Mr. Terry E. Lister: It is not going to happen. You Mr. Terry E. Lister: Leave it as it is. Let us just let it know, it annoyed me during my time and I have lis- crumble and fall down because that is all that would tened since then and heard people still say, We are happen. It would crumble and fall down. going to find the small cruise ship.

[Inaudible interjection] An Hon. Member: Where?

Mr. Terry E. Lister: Exactly. Mr. Terry E. Lister: Where? Where? Where? So you see, Mr. Speaker, when we talk about There is no small ship. And you say . . . come open space and protection, it does not mean stand on, don’t you think that people responsible would like still. What it means is clear focus, move forward, and to sincerely find the answer, and if there was a small move forward in a way that protects everybody. ship, don’t you think they would get it? Don’t you think One of my favourite areas, Mr. Speaker, I like they would get it? to think of myself as a little bit of a history buff, and so Listen, we are sitting here right now, I saw the one of the things I like about Bermuda is the forts. We Veendam when I went out to lunch. I assume it is have forts all over Bermuda when you consider the gone. Is it gone? The Veendam leaves over size of this Island and the number of forts we have. lunchtime. This is its last year in Bermuda. And it is And so, again, you respectfully restore them through not leaving because we were unfriendly, this Govern- time. If we could actually find more sponsors in the ment is unfriendly towards its national business, it is community who would put money up for the specific unfriendly towards its . . . it is none of that. The development and redevelopment of specific forts, we Veendam is leaving because NCL was unfriendly. could do a lot more on our forts. There is a lot of work Do you know how NCL was unfriendly? They that needs to be done there. But if anyone comes bought a better a ship. They bought a better ship! along and suggests that we should knock some of Veendam cannot compete with the NCL ship. And them down, we need to listen very carefully before we they have to leave Bermuda. And you know what? If say yes. You cannot knock it down and rebuild it. we give them permission to gamble the whole time I had the good fortune of being in Athens when they are parked on Front Street—and nobody about three years ago, and I went to the Acropolis. else has permission—they will still have to leave be- They were working on one of the areas. Remember cause it is not enough to keep them. It is an old ship. that, Cole? They were working on one of the areas, The Veendam was put into service in 1995; the other scaffolding up and all of this. ships we have got coming into Dockyard were put into service in 2006 and later. It cannot compete. That is An Hon. Member: Yes. all there is to it. If we do not make a decision on the Eastern End, you will have no ships. Mr. Terry E. Lister: And they said the Acropolis was Now, there are those who stand up, Mr. built over a period of about 20 or 30 years. This area Speaker, and say, We don’t really want the ship, you they were working on they expect to finish by 2030. I know, we want the passengers. Send us the passen- said, What do you mean? All they are doing is restor- gers. Okay, we tried that. And then when I was the ing it and it will take longer to restore it than it took to Minister they called me up and said, Mr. Lister, you build it. And the amount of money it was going to cost know, I was on the dock today. And I said, Yes. [And to restore it was out of this world, from where I am they said,] And I counted the number of people that looking and sitting! But that is what is required to pro- came off that ferry coming down to St. George’s. I tect your historic sites. And so we have to follow suit said, Yes. [They said,] You have got a ship up there and do the same ourselves. with 2,500 people and only 200 people got off that Mr. Speaker, I have not heard it mentioned ferry. I said, Okay, I apologise for not going to Dock- today, I might have missed it, but one of our big buga- yard and forcing all those people on that ship onto the House of Assembly 2160 25 May 2012 Official Hansard Report ferry so they could come to St. George’s. It is all our while we had to listen to numerous promises over the fault—come on now, that is nonsense. year, we are still expecting that one day that particular If they do not get on the ferry, they do not get open space area will be developed to an extent where on the ferry. And they do not get on the ferry because part of it could remain wildlife and another part could they think they have other options, including Horse- be used for walking tracks, et cetera. That is a per- shoe Bay. But if the ship was tied up down in St. sonal note. George’s at the dock, that would be the first place Bermuda, Mr. Speaker, is very blessed in our they went when they got off. We have got to think 21 square miles of the Garden of Eden that very often about this one, okay? we do not even respect. The rest of the world comes I am advocating open space. I am advocating here and looks at it as a gem, and we need to start development. I am advocating a responsible way for- doing the same because it is the Garden of Eden. And ward. Mark my words, the town of St. George’s will die in so many ways, given its colour, its landscape, its if you do nothing. The town of St. George’s will die if mere hook in the middle of the Atlantic Ocean, we you do nothing! So I leave it up to those who want to should treat it as though it is indeed the gem and a speak on St. George’s, who want to be supporters, to part of the Garden of Eden. come up with an answer. And as a friend of mine Bermuda is very, very blessed. I think we says, Criticism is not a policy. How do you like that? should be thanking God that from a historical point of view, from even the early days, even as you look at An Hon. Member: That is nice. our roads, and, as the Honourable Member has al- ready indicated, the development of our forts—if we Mr. Terry E. Lister: Criticism is not a policy. Yes, give did not have them, more than likely the open spaces me a policy, show me the way forward and I will em- that surround those forts would be developed to the brace it with you and we will do it together. But you hilt. And so we can count them as a valuable part of have to do something down there or St. George’s will our history and the land that exists around them as a die. Okay? key part of our open spaces. Mr. Speaker, the last thing I want to say . . . The Motion today, which will continue to come the idea of moratoriums and freezes and all of that up in our history, presented by the Honourable H. K. sort of thing . . . sometimes they work. But I really do E. Swan, is a critical one as we talk about the open not think we need to go down that path here in Ber- spaces. But we are very fortunate, Mr. Speaker, in muda. We simply need, as I reiterate, to have a clear that the slow period of development in our country and focus, a sharp pen, and an idea of what we want for Bermuda’s almost refusal to rush into the direction the country, and then we will get where we need to that so many other countries rushed in . . . the slow- be. ness has assisted us in ensuring that certain open Thank you, Mr. Speaker. spaces like our beaches remain. We do have free ac- cess to a number of our beaches—not all which are The Speaker: Thank you, Mr. T. Lister from Sandys not overbuilt. We have one or two little facilities close South. by, but in many countries they have built docks and I now recognise the Honourable Member, Mr. piers and they block them off with hotel development D. Butler. and they leave a path in a number of these countries The Honourable Member, Mr. D. Butler, from for the public to get to. But we have not rushed down Warwick North East has the floor. that road of development. There is a need to perhaps improve in some Hon. Dale D. Butler: Thank you, Mr. Speaker. areas where there is a need. If we are really serious about our tourism product, we may have to sacrifice The Speaker: Mr. Butler? one or two—if we are serious about our product—to provide that type of infrastructure close to some of our Hon. Dale D. Butler: The Honourable Member who beaches. But by and large they are open. If you just just took his seat actually said so much . . . so many walk along Horseshoe Bay and Long Bay, in many of the things that I wanted to say. So I will have to try countries there would be huge developments in those and read through one or two points in order not to be areas. repetitive. So, in this blessed land, Mr. Speaker, we are I actually live in a very densely populated area all so fortunate. And it amazes the rest of the world and have seen it being transformed. But we are very how we have nine golf courses. They cannot believe . appreciative of the open spaces that we have and at- . . how could we possibly fit that in with 60,000 peo- tempt to the best of our ability to protect them. We ple— would be lost without the Dellwood School Field. We would be lost without the Bernard Park. And while we [Inaudible interjection] have had to endure the stench at one point and the smoke combined and other things with the dump, and House of Assembly Official Hansard Report 25 May 2012 2161

Hon. Dale D. Butler: Well, we counted it . . . but the Centre, to this day, at this time, it is an open space. land has not been used. And if you wish to erase the And we should be proud of that. two, then development will take place. That is how In fact, we are now creatively (thanks to the development takes place. It is no longer designated Corporation) using even the car park as an open as a golf course, and then you hope memory . . . I re- space. At least on the top and underneath we have member attempting to purchase a piece of land at one the Farmer’s Market open and at the top we have had point that was even zoned as open space and the de- a number of activities. So we are sort of shifted that veloper said, Oh, it hasn’t been farmed for years. And mindset to thinking if it is just a building I is not open now, because it has grassed over, I think I can con- space, but at the top there is some open area, some vince Planning that it is no longer a farm. So you have open space. to be careful—we have nine golf courses—to ensure Look at all the playgrounds we have in the that they remain open space. community, Mr. Speaker—open space. And every government that has come along has ensured that we An Hon. Member: I take your point, Minister. That is a have kept them and added to them. The one down at good point. Shelly Bay Park . . . I remember a group of MPs at- tempting to get in (or got in) and added all of that to Hon. Dale D. Butler: Thank you, thank you. From that what is right beside it, a beautiful piece of land that perspective, because the next generation coming could be used for development. But it is called what? along that does not value (some of them) the history Shelly Bay Park. And it is open. of it all may say, Well, it’s not being used. Which And there is a basketball court that the former means we have to use it, you see? And so we lose it. Government put there that is rarely used to ensure So, nine golf courses in 21 square miles of this very that people came and used that open space. Lots of blessed country—a gem in the middle of the Atlantic walkers, football games, cricket games, my goodness! Ocean. It amazes our overseas guests as well . . . we Close to a beautiful beach that could have been, and take these things for granted, Mr. Speaker, when they at one point I believe, was, threatened—Shelly Bay— visit and they chose to see our schools. with being closed (if you go back to the history of it). I have had some guests recently and every At one point it looked like . . . I think the Government school I have taken them to they are like, Wow, it has had to buy it. It might have been the hands of a pri- a field. In the tiny Northlands Primary School where I vate owner. The Government bought that—the Gov- was principal, across the road the former Government ernment of the day. built us a field, and then you have the large Berkeley My favourite, Mr. Speaker, as we look at and Field. And although we lost the box, as it were, there cherish these open spaces, would be our parks. And I are still some sections that are fairly open. do not think Bermudians use their parks. And there is But right next door there is the winning foot- a psychological damage that is taking place because ball team field, what is that? Dandy Town? Western we are not out enough. I am almost certain of this Stars? Another field! And it goes on and on and on. theory, Mr. Speaker. A good prison programme would So over the years we have taken great privilege in ensure that prisoners, before they are released, get ensuring that we have school fields. I do not recall us an opportunity to explore their Island from the water losing any school fields. And they are so designated— (which we do not do) and on land. I made it a policy in my school that if you wanted to remain a member of An Hon. Member: We lost the box. my school faculty, you had to bring me back a picture of you in Hog Bay Level Park. Hon. Dale D. Butler: —and so shall they be. Just the A lot of Bermudians do not even know where box. But we got in compensation, not real compensa- it is—a beautiful piece of land—a beautiful piece of tion; we turned a hill into a field. But that was a bal- land, preserved. And we have to keep that label on it. ance, which is the whole question of this Act, which If not, it will become development. Very beautiful has already been . . . a former Member mentioned piece of land in between . . . and this is how we do that the Honourable Stuart Hayward had talked about things in Bermuda. We have hedges and we have this delicate balance. In fact, I worked with him on that fields. That is why people come and say, Where are whole question of the box and the swap over, et the zillions of houses to house 60,000 people? There cetera, at the time. are hedges and private roads that disappear. We have a number of car parks. And thank goodness we do not have too many multi-storey car An Hon. Member: And Spittal Pond. parks. We have a number of flat, open spaces, like City Hall, like our docks, and the list goes on. They Hon. Dale D. Butler: And Spittal Pond. Thank good- are open spaces. And while there was a move at one ness we have that. And Warwick Pond. If we did not, point, Mr. Speaker, and they seem to still be looking at we would build on it. We would build it. If we did not the possibility of taking City Hall for a Performing Arts have the word “golf course,” we would build on it.

House of Assembly 2162 25 May 2012 Official Hansard Report

An Hon. Member: Spittal Heights. Hon. Dale D. Butler: Yes, we would build on it. Thank Hon. Dale D. Butler: Spittal Heights, yes. goodness for those words, the key words, that must be emblazoned on our hearts and in our minds. [Laughter] Well, to all of those people who have resisted Hon. Dale D. Butler: We would build on it. If we did the great temptation, Mr. Speaker, to build an extra not have the word “park,” we would build on it. apartment even though they need the funds, we In Bermuda also (and you see this from the should salute them. And to those people who did, air) we have a lot swimming pools and we have a well, Thanks for doing it. In most instances, delicately number of tennis courts—a Tennis Stadium. If we did (or what is the word?) with finesse. I do not see any not have it, we would build on it. Thank goodness that outlandish . . . there might be a couple of absolutely those generations came along . . . and even one outlandish . . . there are a couple of homes built within where the late W.E.R. Joell became the tennis cham- six feet, and that has created a big problem. I think pion just below the National Stadium, across the road, you cannot build any closer than six feet . . . is the where at one point I think both governments were dil- boundary? ly-dallying with parking until we realised that people need to walk. An Hon. Member: Ten. I was somewhere in Europe, a couple of plac- es in Europe, where they block off their main streets Hon. Dale D. Butler: Ten? Yes, so, where will . . . and from where Johnny Barnes is. And when you say, I am going to come to this. Where will our children Well, how is a senior citizen going to get to Hamilton play? Princess? They say, They have to walk. And the We are not more than anything just talking country accepts it and makes everybody—young and about losing open space. The Honourable Member old—physically fit. Here we want to bus people from Kim Swan . . . we need to be looking at that—building the Bulls Head, a mere 200 yards, into town. Other right up to that ten-foot mark. Where will our children countries, they say, We stop traffic. They make those play? That has created the degree of frustration in big decisions. young people and anger and annoyance because we So, with our parks, our Camden Gardens—a in this House had yards and little dirt yards where we beautiful arboretum, absolutely outstanding, you can- could play, and now they have disappeared and be- not believe what we have free. Free! We do not even come lawns. That needs to be examined. charge—at all. No thought by either government ever But to those people who resisted the tempta- or even the current Opposition to even think about tion to develop their land, we need to salute them. charging people to use those facilities. [Inaudible interjection] An Hon. Member: Devonshire Marsh. Hon. Dale D. Butler: And in addition to that the peo- Hon. Dale D. Butler: Absolutely! Devonshire Marsh. ple, the various groups as have already been men- Thank goodness for the word “marshes.” We do not tioned by Honourable Members with regard to Dr. Da- want to build on them either. They remain our open vid Saul and any others who have worked extremely spaces—our Paget Marsh. Paget Marsh! Mr. Speaker, hard to purchase land with private donations, public take a quiet walk through there. And I believe because donations, Government chipping in its percentages— Bermudians are missing this element in their lives we should salute them. they do not have the degree of peace. We should salute our environmentalists, whatever the groups names are. Yes, sometimes they [Inaudible interjection] are a pain in the neck. And it has become an issue with developers from overseas because they read the Hon. Dale D. Butler: I talked about playgrounds, blogs, they read everything, and they know it will take Honourable Member. a little bit longer to get something done in Bermuda. They do not have the degree of peace and Monitar found it and got frustrated because we would solitude and overall development in their human lives not even put [in] little sidewalk cafés, and eventually because that is missing—they are not out in their own we did. And we moved on like it did not even hurt or open spaces that are free around them. like it was not an issue. So for those people, those environmentalists [Inaudible interjection] who have ensured that Cooper’s Island remains a Na- ture Reserve . . . two more words that we cannot Hon. Dale D. Butler: Oh, don’t even talk about . . . a erase. Erase the words “nature reserve”—bam! Off we Railway Trail. And we cannot get rid of that word. If go, a first-class, five-star hotel on Cooper’s Island— we did, what would we do? We would build on it. come and see whatever is there. Overnight! Develop- [Inaudible interjection] ers love that type of an island. House of Assembly Official Hansard Report 25 May 2012 2163

So that appetite, Mr. Speaker, benefitted us. An Hon. Member: Absolutely. We lost some open spaces, [but it] benefitted us with jobs and businesses and it provides funds for people Hon. Dale D. Butler: Oh, oh, oh, oh! They are already to travel and it has helped us with regards to an edu- looking at areas in (dare I say) Cuba from a satellite cation. Because if you did not have more money com- saying. You know, when the Communist regime re- ing in to— signs this is the area we want. They have already done all that research. [Cell phone chimes] And you open up and remove the term “nature reserve,” that island and other islands in this country An Hon. Member: Who is that? will go. And thank goodness, as difficult as it can be sometimes to find additional space for our Govern- Hon. Dale D. Butler: Throw that Honourable Member ment programmes that we have kept labels like out—coming in to make me lose my concentration. “campsite.” You remove “campsite” from the South Throw that thing in the trash! Shore, up will go a development. Remove it from Ports Island, you will end up with a six-, seven-story [Laughter] hotel. “Campsite”—we have got some incredible words in our vocabulary that have to guide us and An Hon. Member: I am glad it is not one of us. lead us to ensure that this blessed place remains blessed. Hon. Dale D. Butler: I do not care who it is, Mr. Well, our appetite, Mr. Speaker, for improving Speaker. our society is what has crunched— [Gavel] [Cell phone chimes] The Speaker: Whoever’s device is acting up, please [Gavel] get it turned off. Carry on. The Speaker: Put it on vibrate. Hon. Dale D. Butler: Thank you, Mr. Speaker, I ap- Hon. Dale D. Butler: Who is that ET? Still trying to preciate your support and help in that regard. get home? So without those additional funds we would not have had the scholarships that were necessary. [Laughter] And I recall even with my own development, Mr. Speaker, there being a limited number of scholarships Hon. Dale D. Butler: ET call home? and, due to pressure . . . in fact, I worked with the Mr. Speaker, our appetite for development is Honourable Minister, Michael Scott, and we picketed an appetite that is not unique to Bermuda. It is world- to ensure that there more scholarships. Well, the wide. We just do not want to become a Hong Kong Government of the day found the money. And it found where every single space is taken up. But it is world- it from where? [From] the revenue that was coming in wide where you have to decide . . . that open space . . through building and hotels, et cetera. So while we . I remember what the Southampton Princess area may say we have lost some open space, it has bene- looked like before there was a hotel. fitted us all with regard to the infrastructure develop- ment of Bermuda. An Hon. Member: Exactly. But we are at a critical stage now—a very crit- ical stage—where this group, our group, our Parlia- Hon. Dale D. Butler: I remember it. It is a good ment, has to find that key balance to ensure that we memory. But at that time you had to decide—jobs for do not overindulge, go overboard with development your people, opportunities for your people—we will let and start to erase open space. Because we know that this little piece go. And it turned— once you develop, what happens? You are going to need more electricity. More electricity means a bigger [Inaudible interjection] plant. A bigger plant means more oil, and all that oil means you have got to find somewhere to store it. It Hon. Dale D. Butler: Right. So what you do is you means you have got to rip up your roads to get it say, We will use up this piece of land. But guess there. And it goes on and on and on. It means an in- what? Rather than you put a zillion other buildings on crease in traffic. It means an increase in this and an it, what about a golf course? So we ended up with a increase in that because you built an extra building or golf course—clever strategy. And we have a respon- two. So we have to look at that. sibility to preserve that. At one point it was being At one point in, I think, socio-economics, they threatened. call it net economic welfare—how would the society House of Assembly 2164 25 May 2012 Official Hansard Report really benefit if you went about building? What is your Hon. Walter M. Lister: Yes, it is on. real benefit and what is it that you have lost? I do not I would just like to say that I want to thank the know what they call it now. Honourable Member, Mr. Swan, for bringing this Mo- Mr. Speaker, I mention that whole question of tion this afternoon because, Mr. Speaker, it has given sociology . . . and I think historians and sociologists the Government the opportunity to give some vision will look back and begin to see a trend of how our and insight to where our policies are. And I think that wonderful, friendly, kind and gentle children changed. the last speaker cited many places which are open to It will not only be the impact of technology, as in we the public and that the public have access to which fear that we have violence in the community now be- they themselves did not really know. cause of TV or because of the Internet. But, Mr. Speaker, one of the things that I I believe that our young people as they were would like to say in the beginning is that in my very being forced around their yards away from open early days in politics attending political meetings (and space—when we got rid of yards and moved towards the meeting was held at Harrington Sound Workmen’s lawns, when we started building a second and a third Club around 1965, I think it was around that time) one development, when we started building homes right of the speakers there was the Honourable Dame Lois out to that 10-foot mark that you cannot pass but you Browne-Evans. She was just Lois Browne-Evans have only got 10 feet and you have got to park a car, then. The other speakers were Sir Henry Tucker and you have to put other facilities around it—[there was] Mr. Gilbert Darrell (who I met for the first time). And nowhere for our children to play. I believe that has led one of the points that was launched by Sir Henry to, or is a contributing factor as to why we see our Tucker was that in 1965 or thereabouts when our young people so angry and annoyed and frustrated— population was about 40,000 people, he launched the because they have very limited means at their own argument that we should contact the Government of homes and residences to pedal their bikes, to climb Canada and move some of our people up to Canada the trees (which are a critical part of a child’s devel- because we were becoming overcrowded. opment), to fall out of those trees and experience that degree of pain as compared to being in their rooms on [Hon. Dale D. Butler, in the Chair] a machine. So, Mr. Speaker, I commend the Honourable The Acting Speaker: I remember that. Member for bringing this topic here. As I stated be- fore, it is going to continue to come up as our land and Hon. Walter M. Lister: That is right. That is true. That our need to develop or to find additional resources for is a fact. He wanted some of the Bermudian people to facilities continues to grow. But we need to keep in the move to Canada and it would free up and give open forefront of everything we do, Mr. Speaker, those key spaces. words—“parks,” and “golf courses,” and “marshes,” But, you know, Mr. Acting Speaker, we now and “playing fields”—those key words have to ensure have almost $65,000 [sic] and Bermudians—65,000— that we retain this as the blessed the country that we have inherited. The Acting Speaker: People, people. Thank you, Mr. Speaker. Hon. Walter M. Lister: Yes, yes. The Speaker: Thank you, Mr. Butler, the Honourable Member from Warwick North East. The Acting Speaker: That is the era of having fami- I now recognise the Honourable Member, Mr. lies of 8 to 12. W. Lister, from Sandys South Central. Is that gadget of yours mobilised? Hon. Walter M. Lister: Yes.

An Hon. Member: It has been tamed, Mr. Speaker. The Acting Speaker: That was the era.

[Laughter] Hon. Walter M. Lister: That is right. That is right. But I think that we Bermudians have learned The Speaker: Mr. Lister, you have the floor. to tuck ourselves in a lot closer than we did in years past. And I think that we are going to have to do it [Inaudible interjection and laughter] even a little tighter because with the expansion of Bermuda and the world, Mr. Acting Speaker, 15 or 20 Hon. Walter M. Lister: Mr. Speaker, sometimes these years from now we are going to be packed pretty tight. instruments can really be beasts, but I think we have I do not foresee the stopping of the develop- tamed this one for this afternoon. ment of people in Bermuda. I do not know what the answer is, Mr. Acting Speaker. I make it abundantly An Hon. Member: Is your microphone on? clear. I do not know what the answer is, but I believe we will achieve something. House of Assembly Official Hansard Report 25 May 2012 2165

I remember in the early days, Mr. Acting and lit such a fire under us, you know, you cannot Speaker, when housing was becoming very scarce. knock it down . . . and the place was falling into a Many Bermudians who had a house when . . . and state of disrepair. And I cannot remember the tactic you know our houses. We used to have cellars down we used, but we finally did knock it down and it is a below our house, which was just a big room. Because beautiful open space, right on the water. if it was a high hill, your house was built on the hill, it More recently, Mr. Acting Speaker, we have was built up, and there would be a cellar down there. talked about the 100 Homes Project. You know, that is We used it to store bikes and all that sort of thing. And a very popular suggestion we have here coming along for many years people took these cellars and devel- very shortly. Mr. Acting Speaker, although we are oped them into a second apartment. And many people building 100 homes, my technical people have in- lived down there. And the word “cellar” which meant to formed me that we are going to be using less of a many people just a vacant room, went right out of their footprint for a building. Although we are knocking vocabulary. It is an important part of your house now down, we are going to have more space and we will because it not only provided some form of income it have 100 homes. And I think that they have done an also made housing for other people. excellent job with that. So the paradigm continues to change, Mr. I know the OBA were saying last week some- Acting Speaker, and we do not know until we get thing about we need to retain them and redo them. there as to what we are going to see. But that era did But we have done the economics on it and we thought very well for Bermuda. And many people live in cellars about that, too, Mr. Acting Speaker, as to if we could today which are apartments and are very comfortable do that. We have done that. We have been there, and would not have it any other way. done that. And from an economic point of view we I just wanted to make one other point: tourists cannot do it. These buildings are at least almost 170 do not come to Bermuda for open space. That is one years of old. And for the quality of life of those people of the things they do not do because they have who live in those places . . . That is one of the things enough in their countries to swipe us up. They could that I am trying to do as chairman—improve the quali- put us in one of their open spaces in one State and ty of life of people who live in those places. would not find Bermuda. I had the opportunity to fly If, Mr. Acting Speaker, we did consider redo- across the United States fairly recently, and looking ing those houses, we would have had to tent them. down from the plane I was totally amazed at the vast And believe me if we had tented them, Mr. Acting forests and things that they have there. So I do not Speaker, they would have fallen down because the think they come to Bermuda for that. termites which are holding them together would not But they do come because the people are have— friendly, the Island is beautiful, it is clean, [the come for] the hospitality and the services that we offer to [Inaudible interjection and laughter] them. It is a different culture. All of these experiences they are looking for. Open spaces is not one. But the Hon. Walter M. Lister: That is right. If we had killed open space that we do happen to have (as little as it the termites, the things would have fallen down. is) I think we try to preserve it as best we can. And I So we have done all of the homework on think the Government should be given credit for that. those places. And quality of life is at the basis of the And I know the difficulty that they experience in that whole thing. There is no political advantage in this, sphere. you know, it is interests of people. Mr. Acting Speaker, I have had the opportuni- When I hear the Opposition saying that we ty to serve as the Chairman of the West End Devel- should do this or do that . . . we have done all that opment Corporation over a number of years. And an- they have suggested and we have looked at the envi- yone who is a developer or in charge of a develop- ronmental point of view, economic point of view, and ment corporation receives many applications, numer- all of these things would come into play before you ous applications, from people who want to develop build a project of this size. And we have made the de- their ideas. And, quite frankly, I have had to turn down cision, which I think is the correct decision. We had a many people because we felt that the open space was meeting in Dockyard about two weeks ago now and far more important to people than an idea. And look- many of the tenants who could come to the meeting ing forward for years to come we have to try to pre- came over, and they are happy with the progress. serve. Because once the land is gone, Mr. Acting They are happy with this Government trying to do Speaker, you just never get it back. something in their interest. I know quite some years ago we had a house But you know how it started, Mr. Acting up there called Lodge Point which was falling into dis- Speaker? I listen to some developers and some I just repair. The cost of repairing it was beyond economic tell them, Thank you, but no thank you. The developer reason and we decided we were going to knock the came to us wanting to build a marina in Dockyard. house down and preserve it as open space. But the And we thought that was a good idea. The facility is Historic Buildings Committee came up to Dockyard laid out, it is an ideal place for a marina, and we said, House of Assembly 2166 25 May 2012 Official Hansard Report

Yes, you can do the marina; but you have got to do project, this dock. We knew we needed a second dock something for us first. We want 100 homes built on and a number of the companies offered to build it for Dockyard so we can take the people out of those us. But there were some drawbacks on that, Mr. Act- homes where they are now and put them in something ing Speaker, because they themselves would have which is more up-to-date, something that will appreci- controlled the dock to a great degree and Bermuda ate. could not afford to have someone else control or I was away last week, as you know, Mr. Act- manage its docking facilities. ing Speaker, looking at some of those same things. Therefore, we had to dig deep into our own And I am very happy with what I saw. And the people pockets to try and accommodate and facilitate all of who see them and live in them I am sure will be very those other cruise ships that have come. It was not an happy as well. And that is improving the environment. easy decision, I mean, there was quite a discussion at You know the environment comes in all shapes and the board meetings as to what we would do, how we sizes and needs. But that is one thing that I hope that would accomplish it. But we supported the project. they will remember—that this Government tried. It has And as you can see, any large project, as I said be- been years and years and years trying to find a solu- fore, is going to get a lot of criticism. I told them that tion, and I think we finally got the solution. And we are 10 years ago and, of course, you know the criticism going to go forward with it. which the Government and also WEDCO at the end We have had criticism. And one of the things I took of these docks. said to the people the other day is that whenever you But I do not see anybody backing off; they are embark upon a project like this here, expect and antic- trying to use them as much as possible. You cannot ipate criticism. But you had better stick with us be- stop these people who criticise the docks from going cause we have your best interests at heart. If you just to Dockyard and they have got the nerve to put their want to talk for the sake of talking, let me know right hand on my shoulder and say, It really looks nice out now and we can put a stop to the project and stop it here. I said, What are you talking about? Dockyard? I right here. Let’s talk sense and reality. Everybody in said, Oh, thank you. But you have to be . . . have the the room except one person who said that they did not guts to make decisions sometimes. And it was not want it . . . I told them, That’s fine with me. Those that easy making that decision. do want it are going to come and enjoy these places and they are going to have to find some other ac- The Acting Speaker: It seems to be your forté. commodations. Hon. Walter M. Lister: Well, Mr. Acting Speaker, I The Acting Speaker: And you know what happens? thank you for that. You are very kind, you are. But the That person who does not want it, when they are thing about it is that we have to have foresight. And I made available, they are the first in line. know, Mr. Acting Speaker, the other corporations did not make the same decision. Hon. Walter M. Lister: Well, I got that feeling. I got I do not know why, but if we had not made that feeling. that decision our cruise ship income would have been cut in half over the last, I will say three to five years The Acting Speaker: So many times. when we completed those docks. People do not talk about that. Our income would have been cut in half, or Hon. Walter M. Lister: That is right. it would not have doubled, let me say that. And that is But let me continue to talk about the im- just saying it would not have doubled over that period portance of the environment as it relates to Bermuda of time because, Mr. Acting Speaker, we had the fore- and also specific to the Dockyard. sight to think if we had a second ship—more income, This goes back I guess at least 15-plus years. more service of tourists. And people still try to get into I am sorry; it does not go back 15 years, about 10 Bermuda, you know. As I said Bermuda is a very years. This Government came to the West End De- beautiful place and people do come for the beauty, velopment Corporation, Hamilton Corporation, and St. the hospitality and the amenities and the services we George’s Corporation. Because what happened . . . give. As I said in my previous remark, it is not for open the Minister knew then. Dr. Brown, knew. He had space. We do not have that available. been informed that the megaships were on their way But I know that over in Lodge Point, as the and they were not going to fit into Hamilton, they were developer of these homes, in this place I have said, not going to fit into St. George’s, and we could only Lodge Point is not too far from where we plan to de- entertain one in Dockyard. velop these new homes, Mr. Acting Speaker. So when As chairman, I went to Florida on a number of these people came to offer the development of these occasions to meet with Royal Caribbean and NCL and places for us, I said, Great! We have a tract of land a number of these companies who operate these out there which is vacant and free for people who live ships, and they were asking us how we were going to in these houses to use. But in between that point in be developing, how we were going to develop this time we had a developer who wanted to use those House of Assembly Official Hansard Report 25 May 2012 2167 properties for another project and we did not feel it worked out. But it begins with respect for your neigh- would be fair. In my estimation, the development did bour, [for your] quality of life, [for your] environment. not equal the space we were losing, so we turned And you have to respect your neighbour’s environ- them down. Of course, again, we took lots of flack, ment the same way you expect your neighbour to re- lots of criticism. But, you know, after 36 years you spect your environment. And you have a community take criticism with compliments—they are all the where there is happiness and caring and sharing. I same. I mean, you really do not know the difference. remember as a youngster, you know, you would share But the point I am making is that it is trying to with your neighbour if you had . . . my grandfather was get the correct balance—that is what the whole thing a farmer and, of course, he had lots of vegetables— is about. And we do not always get it right, but you have to continue to strive for it and strive for it, and it [Inaudible interjection] can be costly, and it is a real effort and lots of thought on many people. Hon. Walter M. Lister: They were from St. Kitts. That So finally we think we have got the balance is correct. Yes, you are right. right. And I hope it is, Mr. Acting Speaker. Only time will tell, but I think it is going to be the best mix to pro- [Inaudible interjection and laughter] vide people good accommodations and, in the pro- cess we will knock down . . . we have an open space Hon. Walter M. Lister: And, Mr. Acting Speaker— now. We are going to build the first section. Knock down the second section . . . the first section of the old The Acting Speaker: And spaces. houses, move those people into the new houses, then on that space that we have knocked down we will Hon. Walter M. Lister: —he would take vegetables complete the second section and then move the peo- next door and they would share back and forth. But ple from the other section into that section and tear that was a quality of life in a time that has passed and that down. So we are going to, hopefully . . . my tech- believe me it is not coming back, so do not look for it. nical people have informed me that we are going to The only thing that remains important in that end up with more open space, more organised space. scenario is the respect for your neighbour. And it is Then when we talk quality of life, one of the even more important now than it was then for the sim- points I made at the meeting is that when people live ple reason that you will come in contact with your in accommodations which are closer, you are going to neighbour a lot more frequently now than you ever have differences. And so you have to determine the did. So I just wanted to say that these are some of the quality of life in your home, and respect your neigh- things that are very important that we need to do. bour for what he is because that too is an important I just want to wind down on the bridges, the part of living in closer contact with each other. gates at Dockyard. That is a part of our environment There was a time in the early days when I was which I think the Honourable Terry Lister spoke about. a young fellow, when I was a child as a matter of fact . In my very early days as chairman I thought I . . I remember the house we lived in. The house that could invite the Historic Buildings Committee out to was next to ours was quite some distance away. And lunch (which I did do in Dockyard). I put on a very nice there was never a reason why we would come in con- lunch for them, very pleasant. I took them downstairs flict with them because of the distances. But now we and told them what I was thinking. Well, the environ- are living next door to each other. And a greater de- ment changed drastically. You would not have thought gree of respect of yourself first and your neighbour they were the same people. They really went for me. second is going to lead to a quality of life. But you must never lose your cool. When you get in a Bermuda is going to get more packed as we difficult situation, you must never lose your cool be- go forward. And I do not know the answer to it, as I cause you will hurt yourself unnecessarily. said before. The only thing that is going to save us is I stood there and took it and I listened very respect for yourself and the quality of your own life closely, but I knew time is the greatest healer that you and respect for the quality of your neighbour’s life be- could ever have. And it took me almost five years to cause you play an intricate part in that as well. You get it so that the environment . . . it could be done know, one neighbour might like Beethoven, somebody within the law. But all we wanted to do . . . very simp- might like Bob Marley, but the friend who likes— ly, the gates were designed 200 years ago when you had horse and carts going through and only one could [Inaudible interjection] go through at a time. But then, carts were infrequent . . . you see one now and ten minutes later you see Hon. Walter M. Lister: Well, I like Bob Marley, too. another one. They did not even have a stop sign But let me say this, I do not want my next door playing there. Bob Marley for me over there. And the person who loves Beethoven . . . the person next door might not [Inaudible interjection] be a Beethoven fan. So all of these things have to be House of Assembly 2168 25 May 2012 Official Hansard Report

Hon. Walter M. Lister: Yes, there was a fellow at the and in so doing you automatically respect the space of gate because you could not go through and walk your neighbour. around like you do now. Since I have been chairman, Thanks very much. you can come in and walk freely now. But in those days, Mr. Acting Speaker, what I wanted to do was The Acting Speaker: Thank you very much, Mr. Wal- step the gate back . . . use all the same material that ter Lister. were there, take the gate, take the blocks, and put it We are debating the Motion moved by the back so that traffic could go to and fro. But you would Honourable Mr. H. K. E. Swan. That this Honourable have thought I was trying to take the gate down, throw House take note of the diminished open spaces in it overboard and use something new. Bermuda and resolve to develop strategies that will What I did do in the latter stages, when I got reverse the current trend to ensure that future genera- around that, was to have it done and to step back. tions enjoy a greener Bermuda that is far more envi- And nobody knows the difference and it looks good— ronmentally healthy. And [the Chair] recognises at this time the The Acting Speaker: Well done. Honourable Member, Mrs. P. J. Gordon-Pamplin, Shadow Minister of Transport, Paget West. Hon. Walter M. Lister:—it serves the environment. You have the floor.

The Acting Speaker: Yes. Looks historical. Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. Acting Speaker. Hon. Walter M. Lister: The environment is constantly Mr. Acting Speaker, I am so happy to hear changing and we must be prepared to accept the you restate the Motion that we are here discussing change in the interests of what we know best and how that this Honourable House take note of the dimin- we can best serve our people. ished open spaces in Bermuda and resolve to develop This Government has a very good record of strategies that will reverse the current trend for the that. I am proud of the record of this Government in benefit of future generations (and I paraphrase). Be- doing those things—not only in the Dockyard, but in cause to listen to the Members of the Government many other areas across Bermuda. I think when the who have spoken thus far, one would have assumed previous person spoke (I think it was you, Mr. Butler) that the Motion we were discussing was to consider the Honourable Member (you) spoke about a number the open spaces that we inherited as the Government of areas which the public have access to. And if we that we have continued to leave as open spaces. But use them correctly we have a great treasure trove of that is not the intent of this Motion. open space. I recognise that to have open spaces that My final point is that . . . what I want to say in were inherited, that through somebody’s vision and my final point— foresight way back when certain places were desig- nated open space and they have been retained as [Laughter and inaudible interjection] such, and for the benefit of future generations we are clearly appreciative. Hon. Walter M. Lister: I have a couple of finals, I had the occasion just this past week, in flying Madam. into Bermuda, to again be reminded from an aerial view as to what we have become versus what we The Acting Speaker: Go on, sir. You are a senior used to be. If I think back as recently as 1996, when I Member. You are entitled to have them. Go on. had my first airplane ride, having left here to go to Jamaica to school—being banished to Siberia for be- [Inaudible interjections] ing such a horrible child—I kind of remember flying with British BOAC (at the time) on my way down to Hon. Walter M. Lister: Not only that, I am a senior, Jamaica and then in coming back home to have a Mr. Acting Speaker, sometimes I have senior mo- look over and to see what Bermuda looked like then. ments—and this may be one. But forgive me . . . and And it is an impression that has been indelibly etched now I have forgotten the points I was going to make! because I remember thinking as an 11-year-old, What a beautiful country in which I live. [Laughter] This past week, as I came home, I thought, notwithstanding that we still have that very signature Hon. Walter M. Lister: But what I was saying is that fishhook outline—we always used to say to people with all of those points that you made previously, is Bermuda is shaped like a fishhook—and to see that the underlying factor that you must respect your still in existence inasmuch as we have not made an neighbour in open spaces or in close. I do not care awful lot of land reclamation such that it has ruined what it is. That is respect. Respect your own space the outline of the Island, it would certainly be remiss of anybody coming over to not recognise and notice the House of Assembly Official Hansard Report 25 May 2012 2169 degree to which development has taken over our them out and they almost do not even have the light of shores. And when you look, you do see pockets of day. And those are the sorts of things that . . . we call green, but we still have a significant amount of con- it progress, but the reality of it is the diminishing of crete jungle that never used to be. open spaces. I believe it is in that spirit that the Honourable You will recall, Mr. Acting Speaker, that as a Member brought this Motion. And if I am misrepre- youth coming up, especially in the City of Hamilton senting him, I apologise; but it is the way I read it. Be- when you are a city person, a city child, you would cause I believe it is important that the policies that are kind of be expected almost to be in the midst of office espoused by the Government have to reflect a vision buildings. But we had Crisson’s Hill where we could for our next generation. And why do I say that? run up and down and fly our kites. We had Parker’s Mr. Acting Speaker, if one looks at the recent Hill where we could climb the hill and go up to visit our brouhaha that has arisen as a result of some of the friends. We had open spaces. We had Victoria Park latest developments, one would recognise that this and Par-la-Ville Park. And we certainly appreciate the Motion is not only timely, it is appropriate. Diminished fact that those parks have still been preserved. But I open spaces. We had significant debate with respect believe that if we do not have a proper vision for how to the (what do you call it?) Special Development Or- we are permitting development, these are the sorts of der for the Castle Harbour. And when we looked at things that will fall away in very short order unless we the plans and the amount of green space that the de- know exactly what it is that we intend to do. velopment was meant to take over, notwithstanding You may recall, Mr. Acting Speaker, that very that it is privately owned . . . I respect and accept and recently (I would say probably five years or so ago appreciate that. when we debated the development of a new hospital) But when we look at what was intended for it was announced by this very PLP Government Minis- what had historically been open space and we saw ter at the time that this hospital was going to go in the that with that SDO they were going to have the per- middle of Botanical Gardens, like it or lump it. There mission and the ability to build nearly on every square was an outcry. And, yes, we hear people saying that inch around its perimeters preserving only the golf progress is always met with criticism; but not neces- course in the middle, and even in one of the holes sarily is all criticism negative. Criticism can be con- there was going to be development of a couple of structive, because as a result of that pressure we rec- houses as you go along Paynter’s Road with the plan ognise that that hospital is being built in a more ap- that had been brought to this Honourable House—all propriate location and that the Botanical Gardens of which had been approved under the terms and have been preserved such that the Ministers can conditions of the SDO, not speaking of the Environ- stand here today and boast about the pristine envi- mental Impact Study that would have been required, I ronment of the Botanical Gardens. am talking about just the plan that we saw—that start- But had it not been for some of that criticism, ed to give cause for pause for those of us who do you can be assured that that would have been one have an appreciation for open spaces. parcel less that the Government would be able to You may know, Mr. Acting Speaker, where my boast and say, We inherited it—and we messed it up. home is situated. High on a hill overlooking Devon- And that said, it was the intent. It was stated. It was shire Marsh. And it was a sight that I was really like it or lump it this is where the hospital is going. And pleased to be able to have the privilege of purchasing that is what we had to deal with. way back when I was 18-years-old. I looked off from It certainly concerned us to see that the pos- the hill and thought to myself— sibility of that one tract would have been a diminished open space—what previously had been declared to [Inaudible interjection] be an open space would have fallen away. And I am glad that the criticism came. I am glad that the pres- Mrs. Patricia J. Gordon-Pamplin: [I was] 18 years sure was brought to bear. But more importantly, I am old. I got married at 17 and I purchased a property at glad that the Government whose MO seems to be, 18 with a loan from my Mama and then I was happy Let’s push the envelope as much as we can. And if we with that. get enough push back, we will change our minds, and But I looked over from the hillside on which I then show that we are listening and caring. But I am lived to know that this is the ideal spot because no- glad in this particular instance that they listened be- body will ever be able to build up in front of me. I have cause I think it would have been a sacrilege to have in front of my property the National Preserve . . . the destroyed that pristine parcel of land. one that is in between the industrial park and We have places like the Arboretum, which we Somersfield Academy. So I am one of those who is have heard [has] absolutely beautiful walking paths blessed. There are those who, having purchased and the like. And to be able to preserve that . . . the property (and I think in particular to the property that Spittal Pond, the Paget Marsh . . . the areas that we the late Mr. David Barber purchased), find that all of a heard about during your presentation, Honourable sudden there is a massive building that is blocking Member—we have those and they have been pre- House of Assembly 2170 25 May 2012 Official Hansard Report served. But what did we have more recently? We had the Government giving the development permission. the challenge with and SDO respecting Southlands. So that is just the reality. Based on the efforts and energies of the for- While the property did not belong to Govern- mer Premier, the Honourable Member Alex Scott, who ment, it could have been lost—the open space could sort of initiated the thought of a transfer from green have been lost—had the Government followed its ini- and open space to brown lands to have a swap of tial plan to grant the development order based on the property, but for that, that massive tract of land would SDO. As I said, it was the push back from the com- have been ruined. It had already had its SDO. But munity that caused a re-think to be had of what ulti- thank goodness for push back and concern from the mately happened with the swap of those properties. general public and the fact that the Government was So while the Honourable Member says it was not a forced to listen, and that they came up with what was Government project, I accept that. But Government deemed to be a better solution to what might have has its hands involved by virtue of its necessity to been a disastrous decision. grant the building permits had such been able to be So when we look at diminishing open spaces, carried on. I am mindful of— So that is one of the things we talk about— diminished open spaces. The next property that we Hon. Glenn A. Blakeney: Point of order, Mr. Acting see is the development that has just gone up at the Speaker. Grand Atlantic development, where at one point in time, albeit it was brown lands—it was hotel designat- The Acting Speaker: The Honourable— ed property, zoned property—we have now got I do not know how many units that are sitting up there Hon. Glenn A. Blakeney: I— which has taken away what normally was a beautiful scenic route. I am almost embarrassed to tell people The Acting Speaker: —Wait a minute. Minister Glenn now to go to Dockyard via South Shore because I Blakeney, what is your point of order? hope that if they do they kind of stay on Middle Road and then maybe cut across when they get to Warwick POINT OF ORDER Park so that they can actually have the benefit of see- [Misleading] ing the beautiful beaches as they come along the South Shore Road. But at one point in time that de- Hon. Glenn A. Blakeney: I do believe that the Hon- velopment did not exist. That property appeared to be ourable Member is slightly misleading the public be- more open space, and now it has been lost for all time cause her reference to the Southlands property was based on that development. not in the proper context. And I think it is critical to be So we are concerned about the extent to reminded that that was a private entity and a private which these open spaces have been diminished as situation, although the Government had to approve we are dealing with on this particular Motion. the SDO. It has been said, and I believe either by you or So it was not without context that there was a the Honourable Member, Mr. Lister, as he spoke, that private situation and not just the Government arbitrari- we have to find that balance. And it is understood be- ly taking a position and initiating the process for that cause I do not wish for anybody on the Government’s development. side to say that Pat Gordon-Pamplin stood up and criticised the fact that we put houses out there and we The Acting Speaker: Okay, thank you. have to have houses to house our people and there- Go on, Mrs. Pamplin. fore she does not care about people being in houses. That is not the intent. The intent is— Mrs. Patricia J. Gordon-Pamplin: I am not sure the intent of that, but it certainly is not my intention ever to [Inaudible interjection] mislead this Honourable House, Mr. Acting Speaker. I think it is important to mention that on that Mrs. Patricia J. Gordon-Pamplin: And you hear the particular property, of which I just spoke, the swap Honourable Member saying, Yes, that’s the intent. came with Government land at Morgan’s Point, in Well, you know, he who knows not and knows not that which we still have some kind of push back and criti- he knows not really needs to be quiet. cism in terms of the number of acres that was swapped for the number of acres that we got in terms An Hon. Member: You look in the mirror. of restoration and preservation of open space. But it was a challenge. Yes, it was a private Mrs. Patricia J. Gordon-Pamplin: However, that development and, yes, it was private people, but the said, Mr. Acting Speaker— private development owners would never have been able to develop that property at Southlands without

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The Acting Speaker: Yes, let us not get personal concern for families, their income, and the income that here. We are doing very well on the debate on the they derive from jobs. That is certainly not the intent. topic of open spaces. I am saying that we should be able to have Go on, Honourable Member. that balance between the job and the tree and recog- nise the importance of both—recognise that delicate Mrs. Patricia J. Gordon-Pamplin: One of the things balance, how we ought to traverse that minefield, as it that we do not want to do and that we have to recog- were, between development and protection—that is nise is that, notwithstanding that those properties very, very important. have diminished the open space that used to exist in that particular location there are a significant number [Inaudible interjection and crosstalk] of those units that are still unoccupied. So one just simply had to question the sensibility behind the de- Mrs. Patricia J. Gordon-Pamplin: And you know velopment. I am not saying it was unnecessary, I am what is interesting . . . I hear Members say, I fully just saying how sensible was it in the context of the agree! But yet, we listen, if it came to a job or to a supply and demand and the cyclical nature of housing tree, the tree has got to go. That is certainly not what I as it exists in Bermuda? That is a challenge. am suggesting here. Clearly, it could not have been that much of a demand because had there been they would have Hon. Zane J. S. De Silva: Point of order, Mr. Acting been snapped up prior to even being completed. You Speaker. will recall when the Government elected to build houses down on Southside. The cost of some of these The Acting Speaker: We have a point of order cited special houses was going to be $199,000, and it was by Minister De Silva. going to be in and amongst normally market priced Please state your point of order, Mr. De Silva. houses. That lottery was offered and it was taken up—there were people waiting in line. And there were POINT OF ORDER people who stayed waiting in line even though the [Misleading] deadline by which they were supposed to have their came and went. They were willing to stand and wait. Hon. Zane J. S. De Silva: The Honourable Member is Ultimately, five or six years later they were able to get certainly misleading the House, Mr. Acting Speaker. the keys for what they thought that they were going to What I said was, If there is a choice, and the be able to get. And most people are perfectly happy. Honourable Member must understand the English So I am not suggesting for a moment that we language. I said, If there was a choice, Mr. Acting ought not to build houses. What I am saying is that if Speaker, between a tree or a job, I would pick a job that demand was there, you can be assured that that every time if there was a choice to be made. particular development would have been subscribed a I have said many times before that I believe long time ago. That is just an observation. with most Members of this Honourable House, I am Now, we heard a couple of times (once last certainly in agreement with most Members of the week in another debate that we did and again today) House . . . as I am with myself, Mr. Acting Speaker, that if there is a toss-up between a tree and a job, that we know that open space is important and it cer- then a job has got to win out. And I do not know that I tainly has my support. But if I had to make a choice can in all conscience subscribe to that because I think between the two— that it is important to recognise that trees are im- portant. We cannot— The Acting Speaker: Right. Okay, you stated—

[Inaudible interjection] Hon. Zane J. S. De Silva: —you know what my choice would be. Mrs. Patricia J. Gordon-Pamplin: Concrete does not bring the rain. Concrete does not allow us to live a The Acting Speaker: Thank you for clarifying your wholesome, healthy lifestyle. I am saying that we opinion. That is his opinion. ought to be able to do both with a delicate balance. Go on— We ought to be able to find the manner in which we can save the trees and create jobs. And we have got Mrs. Patricia J. Gordon-Pamplin: Thank you. to be very sensitive about how that is done. So when the Honourable Member interpo- The Acting Speaker: And you disagree with his opin- lates, Are jobs not important?—jobs are tremendously ion. important. So do not let us lose sight of that and let us Go on. not allow the Honourable Member to mislead people by suggesting that Members on this side have no Mrs. Patricia J. Gordon-Pamplin: And one would suggest . . . one would certainly hope that that attitude House of Assembly 2172 25 May 2012 Official Hansard Report

. . . because the Honourable Member is a Govern- The Acting Speaker: Thank you. ment Minister, that presumably under the concept of Mrs. Gordon-Pamplin, go ahead. collective responsibility that opinion is one that is felt throughout the Cabinet. I believe that it is very, very Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. important for the Government to state clearly its posi- Acting Speaker. tion, because as the Motion says, we want “to ensure And you know, that was perhaps being a little that future generations enjoy a greener Bermuda that mischievous in the manner in which I mentioned it, but is far more environmentally healthy.” I just think that when we start looking at decisions that A “greener Bermuda” is not the one that in- are taken by individuals and espoused publicly we cludes a concrete jungle unless you are going to paint also have to look that this is not just isolated to one the concrete green and that is not really what we were particular segment of the community, that it can go intending here. We were talking about nature and the right across the board, and that those types of com- preservation thereof. ments can impact our entire community. I think that the Honourable Member (and I I think that is the point that I wished to make have to make reference to that), Mr. Lister, as he as opposed to . . . and I acknowledge that maybe if I spoke, spoke of a meeting somewhere— had the opportunity to go and live in Canada at some point in time I might have taken advantage of it. Be- [Inaudible interjection] cause you have schools and you have all sorts of . . . you have an infrastructure there that perhaps we are Mrs. Patricia J. Gordon-Pamplin: —the Honourable deficient in here. But we recognise that with the small Member, Mr. Walter Lister, spoke of a meeting some- size that we do have and our necessity to maintain where in the ’60s. That was long before I was proba- open spaces, I recognise that there are certain things bly even old enough to attend political meetings and I that we cannot do. And some of those things may be . recognise that there is a little bit of a differential in age . . you know, we cannot build large universities. We here, and certainly I would not have been cognizant of have to satisfy ourselves with the Bermuda College. that particular meeting. But the time at which the Hon- But what we do need to be assured of is that ourable Member indicated that there 40,000 Bermudi- when we have these special developments we look at ans and that there was one former leader who thought . . . Coco Reef, in which one portion of the property that we were getting— there was historically designated as open space and there has been an order to permit the owner of Coco [Inaudible interjection] Reef to put some development condos on that piece of property. These are the types of decisions that Mrs. Patricia J. Gordon-Pamplin: —former UBP. I have been made by this Government that start to pick said “a former leader.” It does not matter who he was. away at the safety that we have had of the area that But a former leader said that he thought that it was they inherited. appropriate to sort of start shipping some of our peo- I started my presentation by saying, if we ple off to Canada. Well, I kind of remember not too were talking about a Motion that says, Let’s say how long ago a Member of the Progressive Labour Party wonderful we are and how much of what we inherited suggesting that we put our seniors all together in a we have preserved, then that would have been a dif- basket and basically ship them off to Costa Rica. So I ferent Motion. But the one that we do have in front of think that when we have— us says to examine the diminishing of open spaces. And we have seen it lock, stock, and barrel. The Acting Speaker: No. Not ship them off. I think he The one final point that I wish to make as I was looking at options—the Honourable . . . former discuss this . . . actually there are two (as I think I am Member George Scott looked at options for seniors. entitled to two points), one of which is that when we do permit significant extensive housing developments [Inaudible interjections] that are even non-subscribed or undersubscribed, we serve in one fell swoop to diminish the value that peo- Mrs. Patricia J. Gordon-Pamplin: That is correct. ple have on the homes that they have purchased. You That is correct. And shipping them off— find that because the real estate market is driven by supply and demand, one would have to recognise that The Acting Speaker: Mr. Lister, do not disrespect the within that supply and demand model a glut is going to Chair by standing out of your seat talking in Parlia- diminish the value of what is there. ment. I do not believe that the Government intended Thank you for taking a seat. to look at the real estate market and to say, My poli- cies are going to be such that the one investment that Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. you had—which perhaps is the biggest investment Acting Speaker. you have made in your life—is going to be tanked and is going to go under water in one fell swoop. I do not House of Assembly Official Hansard Report 25 May 2012 2173

believe that was the intent. I believe that they were But when she goes down that really delicate road of perhaps well-intentioned, notwithstanding that they saying “the people’s money” and “it comes out of the may not have been well-studied on the matter. Be- people’s pocket” . . . yes, it does. But guess what? cause, as I said earlier, I think that if the demand was The money that comes out of people’s pockets is not as stringent as the Government would have had us only out of Bermudian people’s pockets. We have a believe we would have had full subscription to some shipping registry. of these new properties. The only other thing that I do wish to comment The Acting Speaker: Yes. So— on is with respect to the Honourable Member Walter Lister’s comment on the docks. And we recognise in Hon. Glenn A. Blakeney: We have an aircraft regis- retrospect because I can tell you that when we look at try. some of the development, the plans and the like, it was questioned. And it was questioned vis-à-vis the The Acting Speaker: —your point of order is? cost that it was meant to be and the cost that it ulti- mately became. I believe that is natural because I Hon. Glenn A. Blakeney: That she is misleading the think that the one thing that we have to do as Mem- House in the context upon which she speaks as far as bers of this Honourable House is to ensure that mon- making her point. ey that is spent is well spent—because it is not ours. The money belongs to the people of Bermuda. The Acting Speaker: So the— I think it is one thing (if I can just have an aside) to say that when we hear about, We’re doing Hon. Glenn A. Blakeney: Because the Government this and we’re spending money here and we’re spend- not only— ing money there, I think it is important for the people of Bermuda to understand that it is not the PLP Gov- The Acting Speaker: —funds are entrusted to the ernment’s money—it is their money. So they are the Government to spend— ones putting the money in the pot through their taxa- tion and everything else. It is their money. And it is Hon. Glenn A. Blakeney: That is right. For its people. just a matter of how the Government chooses to ex- pend their money. The Acting Speaker: On behalf of the people. The challenge that we have is trying to ensure that when a dime is spent, we do not have to spend Hon. Glenn A. Blakeney: For its people, yes. 25 cents for the value of what that dime ought to have given us. Because I think what is happening is that we The Acting Speaker: Yes. That is your point of order. are historically getting— Hon. Glenn A. Blakeney: Yes, but not directly out of Hon. Glenn A. Blakeney: Mr. Acting Speaker— their pocket in every single instance.

Mrs. Patricia J. Gordon-Pamplin: —we are getting The Acting Speaker: Right. Okay. Thank you, Minis- one— ter. Mrs. Gordon-Pamplin, you have sufficient time Hon. Glenn A. Blakeney: —point of order. to go on.

The Acting Speaker: Hold on a minute. Wait a mi- Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. nute, Honourable Member Mrs. Gordon-Pamplin. Acting Speaker. Mr. Acting Speaker, let me just make one Hon. Glenn A. Blakeney: You know— comment with respect to that point of order. And that is the money that does not come directly out of the The Acting Speaker: Wait, I have not recognised people’s pocket by way of their taxation comes from you. If you could take your seat first, I know you are in borrowing and the people have to find the money to a hurry, Minister. pay it back. So let us just not even go down that road. We would like to recognise Minister Glenn Blakeney. You say you have a point of order. The Acting Speaker: See, we are—

POINT OF ORDER Hon. Glenn A. Blakeney: Point of order. [Misleading] Mrs. Patricia J. Gordon-Pamplin: The Honourable Hon. Glenn A. Blakeney: Yes. You know, in the con- Member— text of things we have to be very careful with our lan- guage. Of course, the public purse is the public purse. Hon. Glenn A. Blakeney: She is out of order! House of Assembly 2174 25 May 2012 Official Hansard Report

ber’s phone is continuing to go off . . . the man needs The Acting Speaker: Okay. See, that is where we get to be thrown out of the House, Mr. Acting Speaker. lost in this debate, you know. Throw him out!

Mrs. Patricia J. Gordon-Pamplin: Exactly. [Inaudible interjections and laughter]

Hon. Glenn A. Blakeney: Point of order. Mrs. Patricia J. Gordon-Pamplin: It would not be the first time. The Acting Speaker: Minister, if I cannot . . . No, no. Wait, wait, wait, wait. We are talking about open The Acting Speaker: Keep it in context now. Go on spaces. Honourable Member, because your time . . . you have got three minutes left. Mrs. Patricia J. Gordon-Pamplin: Exactly. Mrs. Patricia J. Gordon-Pamplin: Yes, yes. And I The Acting Speaker: So can we concentrate on that will be finished within that period of time. then? Going down all these little tandems . . . I have I think that it is important to underscore that been a little liberal, but let us concentrate on open the docks at Dockyard, while they have become quite spaces, please. a necessity given the new Panamax-type ships, the larger ships that perhaps would have had to berth out Hon. Glenn A. Blakeney: But with respect, Mr. Acting in the Great Sound and have people tendered in, the Speaker— convenience obviously is there for them to be able to pull up alongside. The Acting Speaker: Yes. While the decision may have been a good one, what we also have to appreciate is that when we Hon. Glenn A. Blakeney: —she cannot make that spend the public money to create an infrastructure— kind of an aspersion— whether it be enhancement of open spaces or any- thing else—we have to ensure that there is good val- The Acting Speaker: The Honourable Member. ue for money because to say that we have got to spend an extra $4 million to put something in place Hon. Glenn A. Blakeney: —when I just succinctly and then we are going to pull it down because it was made a point of reference as an example and she not necessary certainly gives us cause for pause. went down the road with regard to casting aspersions But, that said, I think that the key is the about the debt and all of that kind of stuff. preservation and the protection—

The Acting Speaker: Well, let us— The Acting Speaker: Thank you, yes.

Hon. Glenn A. Blakeney: So she has taken it way off Mrs. Patricia J. Gordon-Pamplin: —of the open the rails. spaces.

[Inaudible interjection] The Acting Speaker: You have moved back on track.

Hon. Glenn A. Blakeney: Her, that Honourable Mrs. Patricia J. Gordon-Pamplin: And in so saying I Member— think it is also important to highlight the fact that some people do not recognise that noise pollution also di- The Acting Speaker: The funds are entrusted to the minishes the open space. It is amazing how the vol- Government. Full stop. Let us go on with— ume can actually carry across the harbour. And I think that when the Honourable Member spoke to the ne- Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. cessity of being respectful of oneself and also respect- Acting Speaker. ful of one’s neighbours, if I had an appeal to make it would be to the boating public as they enjoy the open The Acting Speaker: That is far more environmental- waterways that they would be respectful of the noise ly healthy. We have to keep this debate healthy as levels that emanate from their vessels so that they do well. not infringe upon the privacy and the comfort of those who live on the shorelines. Mrs. Patricia J. Gordon-Pamplin: Exactly. And that Thank you, Mr. Acting Speaker. is my attempt. Because the one thing that I want to say is that we heard a lot about the Dockyard, the de- The Acting Speaker: All right. Thank you very much, velopment thereof, and the docks. And I think that it is the Honourable Mrs. Pat Gordon-Pamplin. important to highlight that while the Honourable Mem- House of Assembly Official Hansard Report 25 May 2012 2175

Are there any other Honourable Members that Both the Bermuda Plan 2008 and the Sustainable De- would like to address this Take Note Motion sent here velopment Strategy and Implementation Plan are the by the Honourable H. K. E. Swan dealing with the en- products of the widest consultation with the public, key vironment? stakeholders, Government departments, and non- We have the Minister of the Environment, governmental groups. Planning and Infrastructure Strategy, the Honourable In the case of the Bermuda Plan 2008, its vi- Mr. M. A. R. Bean. sion is “to effectively manage Bermuda’s natural and Minister Bean, from Warwick South Central, built environment, resources and development, in a constituency 26, you have the floor. sustainable way that best provides for the environ- mental, economic, and social needs of the communi- Hon. Marc A. R. Bean: Thank you, Mr. Acting Speak- ty.” This vision is reflected in the Plan’s three-pronged er. Good afternoon to you, good afternoon to Honour- strategy of development, conservation, and social op- able Members and good afternoon to the listening portunity. The Sustainable Development Strategy and public. Implementation Plan incorporate several action items Mr. Acting Speaker, it is only fitting as the that seek to address the protection of open space in Minister responsible for the Environment, or the lead Bermuda while balancing the need for other uses that Minister in respect to this Motion, that I close out this contribute to and support our quality of life. debate that was led by the Honourable Member, Mr. Mr. Acting Speaker, a logical question to be Kim Swan. asked is how the documents to which I refer seek to Mr. Acting Speaker, I will start first by stating address the issue that the Honourable Member, Mr. the facts and the truth, and the work that our Govern- Swan, has raised. In that regard, it would be useful if ment has been doing over successive years in regard this Honourable House took note of the following to open spaces. And then, after I present the facts, facts. The Bermuda Plan’s Conservation Strategy and Mr. Acting Speaker, I am going to give a commentary conservation policies protect 4,740 acres of land, ap- to the commentary of the Opposition Members to proximately 36 per cent of the Island’s land resources make sure that everything is put in its proper context as Conservation Base Zones. These designated con- and the people of this country can see the distinction servation baselands include 1,298 acres of specific between the Opposition and our Government. open space reserve, 770 acres of nature reserve, 885 Mr. Acting Speaker, as Honourable Members acres of parks, 823 acres of coastal reserve, and 964 would recall, just over a year ago, in June 2010, this acres of recreational lands. House approved the Bermuda Plan 2008. In that Mr. Acting Speaker, it should be noted that same year the Cabinet approved the Sustainable De- the Bermuda Plan 2008 designates an additional 330 velopment Strategy and Implementation Plan, and acres of land as national reserve and an additional 66 Cabinet reaffirmed its commitment to the principles of acres of land as parks than were previously designat- sustainable development in 2011. ed under the Bermuda Plan 1992. These new nature These two major strategic documents com- reserves and parks include Cooper’s Island Nature plement each other with the Bermuda Plan 2008 as a Reserve and Clearwater Beach Park as well as the major vehicle for the achievement and implementation other national parks designated under the Bermuda of sustainable development goals and objectives. At National Parks Act 2009. The Bermuda National the strategic level, Mr. Acting Speaker, these docu- Parks Act provides an additional layer of protection for ments provide the framework for the use, develop- all lands designated under the National Park System. ment, management, and sustainability of our scarce The Bermuda Plan 2008 also designates land resources. Mr. Acting Speaker, the Bermuda 1,733 acres as conservation areas including 738 Plan 2008, the fifth development plan for Bermuda, acres of land as agricultural reserve and 995 acres of clearly articulates the Government’s current strategy land as woodland reserve. for the management of land use and physical devel- Mr. Acting Speaker, the objectives of these opment in Bermuda. And that includes the protection conservation zonings are: of conservation lands, especially open spaces. · to protect and conserve areas and features of The Bermuda Plan 2008, Mr. Acting Speaker, biological, geological, or scientific signifi- ensures the orderly development of land through its cance; hallmark land use zoning system with associated poli- · to protect sufficient land as a amenity park- cies for the entire Island, with the exception of those land for the passive and active recreational lands subject to the provisions of the City of Hamilton enjoyment of the public; Plan 2001. · to protect and conserve ecological, natural Foremost, Mr. Acting Speaker, this Govern- and scenic qualities of the coastal areas and ment has fully embraced the principles of holistic and islands; sustainable development. And that strategy and its · to protect the environmental, visual, and implementation are clearly articulated in the Sustaina- amenity value of undeveloped land as open ble Development Strategy and Implementation Plan. spaces; House of Assembly 2176 25 May 2012 Official Hansard Report

· to retain recreational lands in their open state; Mr. Acting Speaker, as I alluded to at the be- · to protect and enhance woodlands, which are ginning of my comments, the Sustainable Develop- ecologically, aesthetically, and functionally ment Strategy and Implementation Plan incorporate important; several action items that seek to address the protec- · to conserve all important agricultural land to tion of open space in Bermuda while balancing the support agricultural, farming and horticulture need for other uses that contribute to and support our uses; and quality of life. One of those actions that speaks direct- · to conserve agricultural land for its natural and ly to this issue is the establishing of the Community aesthetic value. Areas Programme. This programme involves the mi- nor redevelopment of small plots of land in densely Within these conservation zonings, Mr. Acting populated communities, including landscaping and Speaker, only very limited development, if any, is providing amenities. Five areas have been completed permitted. to date and another 14 have been identified for devel- Mr. Acting Speaker, can I ask you how much opment. time I have left? In these challenging economic times—

The Acting Speaker: My goodness, I notice that you Mrs. Patricia J. Gordon-Pamplin: Mr. Acting Speak- are racing through your comments. er—

Hon. Marc A. R. Bean: Yes, because— The Acting Speaker: Hold on, Minister. I think we have a point of order from the Honourable Member, The Acting Speaker: I know this is not debate Mrs. Pat Gordon-Pamplin. school, but you have had 6 minutes and 50 seconds, and you have 30, Minister. POINT OF ORDER

Hon. Marc A. R. Bean: Thank you, sir. Mrs. Patricia J. Gordon-Pamplin: Yes. It is acknowl- edged, Mr. Acting Speaker, that Members are not The Acting Speaker: So take your time. permitted to read a brief. This is not the Honourable Member’s Motion; this was an Opposition Motion. The Hon. Marc A. R. Bean: Oh, I am taking my time. I Member ought to be sufficiently apprised of his sub- certainly want— ject matter to be able to debate it without reading ver- batim some report that somebody has given to him. The Acting Speaker: No, because you have so much And I wondered if you could rule there on this. information. I have been trying to grasp it and I am sure the general public and other Members are as The Acting Speaker: Yes, I would agree. well. It is a well-known rule within the House that one should not read their speech. It is brought to the Hon. Marc A. R. Bean: And they deserve to because fore when Members do not use an “um” or an “uh” or these are the facts, Mr. Acting Speaker. a pause or get lost. Automatically it comes up that they are reading. The Acting Speaker: Yes, yes. We have an experienced Minister on this Floor who is prepared to give us the details, and I was Hon. Marc A. R. Bean: Absolutely. being a little bit flexible.

The Acting Speaker: Go on, Minister. Hon. Marc A. R. Bean: Right.

Hon. Marc A. R. Bean: The Bermuda Plan 2008 also The Acting Speaker: It is the Opposition’s job, as you includes some new and innovative conservation poli- have indicated, to bring that to my attention. Having cies. These policies attempt to create new conserva- done so, I am sure the Minister will govern himself tion areas, density bonus provisions, whereby under accordingly. certain conditions additional residential development may be permitted in exchange for the preservation of Hon. Marc A. R. Bean: Absolutely, Mr. Acting Speak- additional land as open space. In addition, the Ber- er. muda Plan 2008 includes policies that require the I was just referring to my notes . . . similar to submission of conservation management plans to en- the Honourable Member who led off this debate. But sure the proper maintenance and management of im- since I am the Minister responsible, I am the only one portant woodland areas, flora, fauna, and natural habi- in this Honourable House that can give the facts. I tats. was just referring . . . and, obviously, I apologise, Mr.

House of Assembly Official Hansard Report 25 May 2012 2177

Acting Speaker, because I do not say “uh” and “um” as others. Hon. Marc A. R. Bean: But let me put it into proper Mr. Acting Speaker, I do have only a few more context and order to view man and our relationship to notes to read but in fact— God’s creation. Let me put it in proper context and order because last week we had another debate and I The Acting Speaker: Yes, we like the facts. And then was remiss . . . actually, I spoke on it, but it seemed I am sure you will address the topic full. like it went right over their heads again. So let me break it down, Mr. Acting Speaker. Hon. Marc A. R. Bean: Mr. Acting Speaker, it is a Mr. Acting Speaker, in speaking of the envi- change over now. I am going to put away the Ministry ronment, the correct order, the order which allows spin and now I am going to come in pace. I am not man to have progress and to move from the caves to going to read anything now, watch this. being upright and civilised is this: One, we have to recognise that Earth is basically [comprised] of natural [Laughter] resources. And from natural resources man, through his science and ingenuity and innovation, harnesses Hon. Marc A. R. Bean: Mr. Acting Speaker, let me those natural resources to create economic activity to shift gears and let me put into context what this de- create economic growth and development. Without bate is about because it brings a distinction between that economic activity, without that economic growth the One Bermuda Alliance and the United Bermuda and development, man does not have the fundamen- Party on one side, and the Progressive Labour Party tal conditions to have a peaceful and stable social life. Government on the other side. It is difficult to teach a poor man to be peaceful if he is Mr. Acting Speaker, if you have listened to hungry. It is impossible. this debate you will find that those Members of the But after that, Mr. Acting Speaker, after man PLP Government think of this issue in a very rational, harnesses the natural resources—the natural envi- common-sense manner. How many times have I ronment for his economic progress—and he has that heard repeated from that side [about] the need for social peace and stability, only then will he have the balance when addressing our environment? ability to have a consciousness to appreciate the ex- But, Mr. Acting Speaker, let me put everything ternal environment. Man cannot appreciate what is into context so the people of this country can under- outside of him if he does not have the ability to be stand clearly what we are dealing with. peaceful enough to appreciate what is inside of him. Mr. Acting Speaker, the Honourable Member, And that comes through economics and a stable soci- Mr. Swan, said in his opening statement that the Lord ety. made everything to have value. And I agree. I sure do But Mr. Acting Speaker, you know what is agree. But you know what, Mr. Acting Speaker? I think funny . . . actually, it is not funny. It is not funny at all, I could take that a little further for the purpose of edu- listening to the United Bermuda Part and the One cation. Not only did the Lord make everything to have Bermuda Alliance on this topic . . . clearly, they are value, but He also endowed man with a reasoning confused. They have no idea of the natural order of mind and a soul which distinguishes man from all oth- life. They skip right across the natural resources side. er aspects of God’s creation. They skip right across the economic side and the so- The Bible itself says (and I paraphrase) that ciety side and the go straight to protecting the envi- man was created in the image and likeness of God to ronment. No. Mr. Acting Speaker, you know that be the lords of His creation. In other words, Mr. Acting brings two issues to mind—two. Speaker, to break it down, we as human beings are One, have you ever noticed that the persons the only instruments in God’s creation that can place who make the loudest noise in terms of protecting the value on the rest of God’s creation. We were created environment are those who own the most concrete to be the lords of His creation, Mr. Acting Speaker. and development in this country? Mr. Acting Speaker, nothing else in creation, unless man harnesses it, has any intrinsic value. It is [Laughter] a fallacy of anyone who will stand up in this Honoura- ble House and say that a tree has intrinsic value. No, Hon. Marc A. R. Bean: Have you ever noticed that, it does not. It has intrinsic value only to man—what Mr. Acting Speaker? man places on it—either for shade, either for food, or either for furniture or oxygen or whatever, but it is man Hon. Hubert (Kim) E. Swan: Point of order, Mr. Act- that provides the value of the environment. ing Speaker. And so, Mr. Acting Speaker, I see, I see . . . I am keeping it simple, but the Opposition Members . . . An Hon. Member: Oooh. it is probably going over their heads a touch. Hon. Hubert (Kim) E. Swan: Point of order, Mr. Act- An Hon. Member: Not at all. ing Speaker. House of Assembly 2178 25 May 2012 Official Hansard Report

Look at the Motion please, Minister, again, so that we The Acting Speaker: Leader of the Opposition, Min- can stay on track. ister K. Swan, who put forward the Motion. And your point of order is . . . ? Hon. Marc A. R. Bean: Mr. Acting Speaker, I am cer- tainly on track. And I was not referring to the Honour- Hon. Hubert (Kim) E. Swan: I am not the Leader of able Member when I spoke of persons who make the the Opposition. I am the Leader of the United Bermu- most noise in this community. da Party. [Inaudible interjections and general uproar] The Acting Speaker: I am sorry, United Bermuda Party. Yes, yes. Hon. Marc A. R. Bean: But . . . but, Mr. Acting Speaker . . . Look, I am not here to appease guilty [Inaudible interjections] consciences.

POINT OF ORDER [Laughter] [Impugning] Hon. Marc A. R. Bean: I am just going to give it as I Hon. Hubert (Kim) E. Swan: The Honourable Mem- see it. So I will continue. ber is impugning improper motives on myself, who Have you ever noticed that the persons, peo- moved this Motion, Mr.— ple who make the loudest noise in terms of protecting the environment without that natural context and order The Acting Speaker: I did not get that feeling. He that I described are the persons who own the most said— concrete, who own the most property, who own the most land, Mr. Acting Speaker? Have you noticed that Hon. Hubert (Kim) E. Swan: Well, I did. hypocrisy? They have theirs.

The Acting Speaker: Yes. [Inaudible interjection and crosstalk]

Hon. Hubert (Kim) E. Swan: I do not fit in the catego- Hon. Marc A. R. Bean: This is the point. This is the ry of having all the wealth. point. They have theirs and now no one else can have some. The Acting Speaker: No, none. Mr. Acting Speaker, that is their version of conservation and conservatism—we have got ours, no Hon. Hubert (Kim) E. Swan: This Motion was one else can have theirs. brought forward— Mr. Acting Speaker, the other issue that comes to mind when I speak of their confusion when The Acting Speaker: Yes. dealing with this matter is that for a purported pro- business party (I will not say free market because they Hon. Hubert (Kim) E. Swan: —for the good inter- like big government too—we know their history), they ests— find themselves in this hypocritical and contradictory position. By holding to their current nonsensical, hyp- The Acting Speaker: Yes. ocritical, contradictory position, without any concept of the holistic approach that I just described, they reveal Hon. Hubert (Kim) E. Swan: —of the environment, themselves in fact to be the most anti-economic group which we all need to survive. of politicians in this country.

The Acting Speaker: Yes. An Hon. Member: Oh!

Hon. Hubert (Kim) E. Swan: And there is great con- Hon. Marc A. R. Bean: Now this is the pro-business cern, not only in Bermuda, but worldwide. party who are speaking on issues in the most anti- economic manner possible. That is what I mean by The Acting Speaker: Yes. hypocrisy and contradiction. Now, do I need a repeat? I do not think so. Hon. Hubert (Kim) E. Swan: And, you know, the But listen to what one of them had to say . . . I cannot Honourable Minister is making his point; but please, remember . . . I do not know who exactly it was. But do not misrepresent persons in the process. they said . . . [hear] what they say with the environ- ment. Terms like “over-commercialisation.” Who? The Acting Speaker: That is a very good point. And I Who, Mr. Acting Speaker? Who over-commercialised am sure the Minister will govern himself accordingly. the place? Who are they talking to? House of Assembly Official Hansard Report 25 May 2012 2179

Now, let me show you the other parts of their group in their party says one thing and the other says intellectual . . . hmmm . . . another. You will notice that you have not heard the An Hon. Member: Deficiency. economic gurus of the One Bermuda Alliance, the Shadow Minister the Honourable Bob Richards, and The Acting Speaker: Take your time. the Honourable Member, Dr. Grant Gibbons, say not one word on this topic. Do you know why, Mr. Acting Hon. Marc A. R. Bean: No, not deficiency . . . amne- Speaker? I will give them this credit. They know the sia. Would you believe it, Mr. Acting Speaker, that the reality. They realise that the One Bermuda Alliance OBA, UBP are anti-economic, anti-progress, anti- has jumped into water that they cannot even swim in. business, and most importantly anti-worker? Unless it is their business, their property, or generally their own [Inaudible interjections] self-interest. When I said they are conservative, they are conservative with a small “c.” A selfish “c;” a “c” Hon. Marc A. R. Bean: They know that, Mr. Acting that is synonymous with another word that begins with Speaker. So, let me as I start to close this . . . and I “c” which is called “control.” And that is what they deal am sure one of them wants to get up to try and reflect with, Mr. Acting Speaker, when they are speaking on from . . . you know, and whatever because they are this issue of the environment. being exposed now. Mr. Acting Speaker, their narrative, or what they say, is in conflict with how they think and act or An Hon. Member: They are not brave enough. how they purport to think and act. It is in total conflict. In fact, from what I have heard across the aisle today, [Inaudible interjection] it is clear to me that those Members who are so much pro-business do not understand the basis of a free Hon. Marc A. R. Bean: Mr. Acting Speaker, let me society. They attack, in fact, the principle of private teach the great principle about creation and material property. That is what they are saying in their mis- progress that all of us in this country desire. Let me guided narrative on this topic. repeat it again. They attack the principle of private property Natural resources—man must harness. Eco- which is the foundation of all economic development. nomically we must then use that harnessed natural And that is what they attack when they are talking resources to grow our economy which gives us social about, Let’s not develop any more. Then they get all stability which then gives the requisite peace within nostalgic—I remember Bermuda was like this and like ourselves to have a consciousness of the outside en- that in the 1960s. Who cares about the 1960s in this vironment. But in ignorance, Mr. Acting Speaker, in regard? And then in the next breath they are saying, ignorance (meaning just not knowing) the OBA and This is about the future. Come on, man. the United Bermuda Party have once again reminded me, reminded my colleagues, reminded the people of [Inaudible interjection] this country that while they are willing to govern, they do not possess the insight or the ability to lead or Hon. Marc A. R. Bean: See, I sat here for hours and I govern. They cannot connect the dots. Their thinking listened to the rubbish coming from the One Bermuda excludes the needs of the people of this country. That Alliance and the United Bermuda Party. And that is is why you heard all the rhetoric last week when it why I am going to take time to expose them to the came to the WEDCO development of Dockyard. people of this country. I am pretty certain, Mr. Acting Speaker, none of the Opposition Members have ever, ever been up An Hon. Member: Oooh! Dockyard before to those places.

Hon. Marc A. R. Bean: Always enough time for me to [Laughter] expose you. Mr. Acting Speaker, the One Bermuda Alli- Hon. Hubert (Kim) E. Swan: Point of order, Mr. Act- ance said in their Throne Speech Reply and in their ing Speaker. Point of order, Mr. Acting Speaker. Budget Reply—I have heard it twice in this Honoura- ble House—that the Government needs to remove red The Acting Speaker: Let us hold on. tape and when it comes to Planning, we have to ex- Dr. the Hon. E. Grant Gibbons: I am right after him. pedite the Planning process. But then the Shadow Minister gets up and says, Stop planning! Stop it! Let’s Hon. Hubert (Kim) E. Swan: Mr. Acting Speaker— not do anymore. Let’s protect the trees. So what? They did not get in caucus, Mr. Acting Speaker, and The Acting Speaker: Wait a minute. Wait, wait, wait, consult one another to have a firm position? No! One wait . . . wait. A point of order—two Members are on their feet. House of Assembly 2180 25 May 2012 Official Hansard Report

I am going to recognise the mover of the Mo- tion, the Honourable H. K. E. Swan. You are recog- Hon. Marc A. R. Bean: —do you know what Bob Mar- nised. ley said? “Who the cap fit, let them wear it.”

POINT OF ORDER [Laughter] [Misleading and Impugning] Hon. Marc A. R. Bean: Okay? And “The truth is an Hon. Hubert (Kim) E. Swan: Yes, Mr. Acting Speak- offence but not a sin.” And so all I am doing, Mr. Act- er. The Honourable Member is impugning improper ing Speaker, is speaking right to the anti-economic, motives and misleading this House. the anti-people stance of the One Bermuda Alliance, I, myself, have visited those residences before in particular. and I know most of those residents as I know he does because we come from the same community. And I Dr. the Hon. E. Grant Gibbons: Mr. Acting Speaker. believe I made that point when I spoke to the Motion. Well, I am the mover of the Motion, and I wanted to The Acting Speaker: I have another point of order clear that matter up, Mr. Acting Speaker. from—

The Acting Speaker: Thank you very much for re- Dr. the Hon. E. Grant Gibbons: The Honourable minding, Minister. Rules of Debate, in Standing Order Member— 19 (11)(f) it says, “No Member shall impute improper motives to any Member of the House or indulge in The Acting Speaker: Wait, wait, wait . . . Just wait a personalities, except on a substantive motion moved minute. I know you want to get at him and attempt to for that purpose.” bury the Honourable Member, but I have to do things There was also a second Member on his feet, correctly. I am expected to. the Honourable Dr. Grant Gibbons. Minister, if you So, we are going to recognise the Honourable could just wait. Member Dr. Grant Gibbons, who is calling for a point Dr. Gibbons, your point of order? of order. Dr. Gibbons, you have the floor. POINT OF ORDER [Misleading and Impugning] POINT OF ORDER [Impugning] Dr. the Hon. E. Grant Gibbons: Thank you, I would like to follow the Honourable Member, Kim Swan, just Dr. the Hon. E. Grant Gibbons: Thank you. to say that I have also been up in those units and The Honourable Member is once again im- have canvassed up there going back a number of pugning improper motives and he has been doing it years. So the Honourable Member is not only mis- for the last 20 minutes. So we should put an end to leading the House, he has been on a roll, Mr. Acting that, I think. Speaker, impugning improper motives and I think . . . I The Acting Speaker: The Honourable Member set would hope that you would rein him in a little bit. out with a script of details and facts and was asked Thank you. not to use it and so he has been speaking from the heart. The Acting Speaker: Yes, please, Honourable Mem- ber, when you use terms like “no Member,” maybe Hon. Marc A. R. Bean: They asked for it. They asked ‘the majority of Members have not been.’ There is al- for it. ways somebody who slips through and goes to visit as two Members have already indicated to you that they [Laughter and general uproar] have. The Acting Speaker: And speaking from the heart, I [Inaudible interjections and general uproar] was hoping he was going to stick to his script of facts. But Members asked him to speak from the heart, and The Acting Speaker: Or Minister, you could say ‘I that is what he has been doing. believe that most Members have not been’; or ‘it is Minister, I am asking you again, as has al- alleged that most Members have not been. ready been quoted to you, to speak to the Motion. Minister, go on please. Go on, Minister, your time is running out as well. You have approximately 4 minutes and 22 se- Hon. Marc A. R. Bean: Mr. Acting Speaker, in re- conds. sponse to that double point of order— Hon. Marc A. R. Bean: If it were not for these points The Acting Speaker: Yes. of orders, I would probably have six minutes. House of Assembly Official Hansard Report 25 May 2012 2181

But, Mr. Acting Speaker, I can recall the WEDCO housing project being brought up at least The Acting Speaker: Yes. The Honourable Minis- four times in this debate today. And now I am just re- ter—please, go on. ferring back to it again. I am bringing that all full circle to explain to the people of Bermuda the hypocrisy and Hon. Marc A. R. Bean: Mr. Acting Speaker, I had to contradiction of the One Bermuda Alliance— be accurate. So I had to refer to my notes or they would have jumped up and said I was misleading the Dr. the Hon. E. Grant Gibbons: Point of order, Mr. House. Acting Speaker. The Honourable Member— The Acting Speaker: Yes, you wanted to be accurate with your facts, yes. The Acting Speaker: Wait a minute, wait a minute. Dr. Gibbons has another— [Inaudible interjections]

Dr. the Hon. E. Grant Gibbons: —is impugning im- Hon. Marc A. R. Bean: Let me finish up. Let me finish proper motives. up. Mr. Acting Speaker, the One Bermuda Alli- The Acting Speaker: These points of order come ance in this debate—which is the debate on the envi- when you use those type of words—hypocrisy. Those ronment and open spaces—really find themselves in . are pretty big words. I think, Minister, the public would . . and I said “hypocritical.” I take that back. like to hear us as a Parliament address the question of developing strategies. I have not heard that being The Acting Speaker: Thank you. addressed. As the Minister, please, in your closing remarks, address those points of developing strate- Hon. Marc A. R. Bean: But a hypocrite, though, for gies that will reverse the current trend to ensure. You the public’s edification, is a person that says one thing have already nailed the political side of that argument. and does the other. And that is all I am referring to. Minister, go on. So, Mr. Acting Speaker, this One Bermuda Alliance cannot connect the dots. Their thinking ex- Hon. Marc A. R. Bean: Mr. Acting Speaker, 15 cludes the very people that they desire to win votes minutes ago the Honourable Member, Mrs. Gordon- from and they are a party of historical self-interest. Pamplin, stood up, right? And she had an issue with Now they might jump up and say point of order, we me laying out the facts and the strategies that we are are a new party. But, Mr. Acting Speaker, we under- doing. stand. This is their mentality. This is how I could sum it up: When talking An Hon. Member: You were reading it. about the environment, we are about the context of natural resources, economics, and social develop- Hon. Marc A. R. Bean: So I put my Ministry spin ment. We have got our— away and now I am bringing . . . what? Mrs. Patricia J. Gordon-Pamplin: Point of order, Mr. Mrs. Patricia J. Gordon-Pamplin: Point of order, Mr. Acting Speaker. Acting Speaker. Hon. Marc A. R. Bean: What? The Acting Speaker: We recognise the Honourable Member Mrs. Pat Gordon-Pamplin. Yes? The Acting Speaker: Let me hear your point of order, the Honourable Member, Mrs. Pat Gordon-Pamplin. Hon. Marc A. R. Bean: They are killing my time. POINT OF ORDER POINT OF ORDER [Misleading] [Misleading] Mrs. Patricia J. Gordon-Pamplin: The Honourable Mrs. Patricia J. Gordon-Pamplin: The Honourable Member is misleading the House. Member is misleading the House. I did not take ex- ception to him putting out the facts; I took exception to The Acting Speaker: By stating? him not abiding by the House Rules— Mrs. Patricia J. Gordon-Pamplin: By stating that we The Acting Speaker: Of reading his notes. Yes, yes. say one thing and do something else. The Honourable Member has to understand that it is he and his Gov- Mrs. Patricia J. Gordon-Pamplin: —by reading. I ernment who approved an application by a Member had no objection to him putting out the facts. and flip-flopped on it. It is that Government—not us. House of Assembly 2182 25 May 2012 Official Hansard Report

Thank you, Mr. Acting Speaker. Go on, Minister.

Hon. Marc A. R. Bean: Mr. Acting Speaker, this is the Hon. Marc A. R. Bean: This is not kindergarten and mentality of the One Bermuda Alliance. We have got the voters are not kindergarten children. They under- ours and everybody else must return to the Dark Ages stand what I am saying. The mentality . . . what they of using our— are saying about this stop planning . . . let’s watch it, [it] is basically saying we have got ours, everyone else Dr. the Hon. E. Grant Gibbons: Point of order, Mr. can go back to yesterday—not the Dark Ages—and Acting Speaker. use outhouses, ride horse and carriage from thatched roof homes and everything else that has got nothing The Acting Speaker: Wait a minute, he just . . . Dark to do with them because they have got their three Ages . . . Dark Ages. Wait a minute. Wait a minute. acres, Mr. Acting Speaker. Wait a minute. Let me hear. Sit down, Minister. [Inaudible interjections] Dark Ages? I am getting a little confused here now, come on. Hon. Marc A. R. Bean: Right? They protect their self- Your point of order is? interest, Mr. Acting Speaker.

POINT OF ORDER Some Hon. Members: Time! Time! [Impugning] [Inaudible interjections] Dr. the Hon. E. Grant Gibbons: My point of order is he is impugning improper motives against the One Hon. Marc A. R. Bean: It is not time. At times, Mr. Bermuda Alliance by saying we got ours, everyone Speaker— else can return to the Dark Ages. Come on, Mr. Acting Speaker, this is— The Acting Speaker: No, he is not . . . accurately, with all of the interruptions— The Acting Speaker: Those types of words are going to really raise people’s pressure when really the Mo- Hon. Marc A. R. Bean: Thank you. tion is asking us to look at other more concrete things. Minister, this is a key Motion about planning, The Acting Speaker: The Minister does have another we would like to hear from you as a Minister. two minutes.

Hon. Marc A. R. Bean: Mr. Acting Speaker— Mrs. Patricia J. Gordon-Pamplin: The Honourable Member is misleading the House if you will The Acting Speaker: Yes. acknowledge that.

Hon. Marc A. R. Bean: I am not impugning improper The Acting Speaker: Hold on, hold on. We have an- motives to the Opposition. other point of order. Minister, it is your day. You seem to be the Some Hon. Members: You are. target. Let us hear what it is.

[Inaudible interjections] Hon. Marc A. R. Bean: I hope the Royal Gazette is getting it all. The Acting Speaker: Yes. The emotional content . . . let us look at— POINT OF ORDER [Misleading] Hon. Marc A. R. Bean: But, but— Mrs. Patricia J. Gordon-Pamplin: Thank you. The Acting Speaker: You see, you were on the right The Honourable Member is misleading the course with all those facts, you know. House.

Hon. Marc A. R. Bean: But, Mr. Acting Speaker, this The Acting Speaker: By stating? is not kindergarten. Mrs. Patricia J. Gordon-Pamplin: He has imputed [Inaudible interjections] improper motives by stating that we want people to go back to the Dark Ages, that we are okay, Jack, pull up The Acting Speaker: That will be a lesson for the the ladder. Honourable Member, Mrs. Gordon-Pamplin. House of Assembly Official Hansard Report 25 May 2012 2183

The Acting Speaker: Yes. I did not hear anybody say The Acting Speaker: Now, wait a minute. Let us deal they wanted to go back to outdoor toilets. with our environment. It has been a good debate. Minister? Mrs. Patricia J. Gordon-Pamplin: No. Hon. Marc A. R. Bean: Thank you. The Acting Speaker: I did not hear that. The Acting Speaker: Let us raise it, please. Mrs. Patricia J. Gordon-Pamplin: He did not say outdoor toilets, he said Dark Ages. Hon. Marc A. R. Bean: I am raising it. I am raising it, Mr. Acting Speaker. The Acting Speaker: No, he did say “outdoor toilets.” The Acting Speaker: Thank you. Mrs. Patricia J. Gordon-Pamplin: I said “Dark Ages” . . . I said “Dark Ages.” Hon. Marc A. R. Bean: I know . . . just in closing, a lot of Members have stood up and gotten nostalgic about The Acting Speaker: Yes, I did not hear that, Minis- the ’50s and ’60s. Some even got nostalgic returning ter. Outhouses? I did not hear that. from the Caribbean on BOAC.

Mrs. Patricia J. Gordon-Pamplin: And I think that his [Laughter] comments are inappropriate, Mr. Acting Speaker. The Acting Speaker: She did. The Acting Speaker: Yes, yes. Hon. Marc A. R. Bean: Mr. Acting Speaker, during Mrs. Patricia J. Gordon-Pamplin: And I would like that time my parents were using outhouses. In other for you to keep him on track because otherwise— words, yesterday and today are two different time pe- riods, but the mentality of the Opposition . . . you [Inaudible interjections] would have the people think that that is where they want the majority of the people in this country to return The Acting Speaker: I am in the House. to for the sake of protecting the environment. Mr. Acting Speaker, let me close by saying Mrs. Patricia J. Gordon-Pamplin: Next time I will this. At times my Government could be accused by make sure that he continues to read because by doing some of being wolves in sheep’s clothing because we what he is doing now he is showing his severe limita- have made mistakes. And I am the first one to admit tion on the knowledge— it. We have made mistakes, because we are humans, Mr. Acting Speaker. The Acting Speaker: See? Another comment— But I will tell you what . . . one thing I do know is that with clear understanding—which the Opposition Mrs. Patricia J. Gordon-Pamplin: —and content of has tried their best to distract the public from really this topic. understanding the point of their contradiction—but with a clear understanding of the facts and the truth The Acting Speaker: —that is going to raise his our people will never accept the vain imagination con- pressure—severe comment. We have to stop this tradictory positions— nonsense. An Hon. Member: It is Harry Potter. [Inaudible interjections and general uproar] Hon. Marc A. R. Bean: —the Harry Potter politics, Mr. Hon. Marc A. R. Bean: No, no— Acting Speaker, of the One Bermuda Alliance.

The Acting Speaker: No, no, wait. [Inaudible interjection]

[Gavel] Hon. Marc A. R. Bean: In other words, our people do not want to have any wolf in sheep’s clothing. But The Acting Speaker: I will end this debate, you know, Lord have mercy, they are not going to replace that if we are going to get real personal. I will end it! That with wolves in wolves’ clothing. will make history. Thank you, Mr. Acting Speaker.

[Inaudible interjections] The Acting Speaker: And you did it in your 30 minutes, Minister Bean.

House of Assembly 2184 25 May 2012 Official Hansard Report

Are there any other Honourable Members who would like to address the Harry Potter comment? The Speaker: Carry on, Madam Premier.

Some Hon. Members: No. THIRD READING

The Acting Speaker: No. If there are no other Mem- NATIONAL PENSION SCHEME (OCCUPATIONAL bers— PENSIONS) TEMPORARY AMENDMENT ACT 2012

[Gavel] Hon. Paula A. Cox: Mr. Speaker, that Bill—I do move that that Bill do now pass. The Acting Speaker: This ends the debate on the Motion, “That this Honourable House take note”—to The Speaker: Any objection? make sure the public understands what we are trying to do—“of the diminished open spaces in Bermuda An Hon. Member: No, sir. and resolve to develop strategies that will reverse the current trend to ensure that future generations enjoy a [Gavel] greener Bermuda that is far more environmentally healthy.” The Speaker: Agreed to. The Motion was moved today by the Honour- able Member Mr. H. K. E. Swan. [Motion carried: The National Pension Scheme (Oc- And, at this point, the Speaker will now re- cupational Pensions) Temporary Amendment Act sume the Chair. 2012, was read a third time and passed.] Thank you. The Speaker: I now recognise the Honourable Mem- [Motion carried: The House took note of the dimin- ber Mr. D. Burgess. ished open spaces in Bermuda and the resolve to de- Minister Burgess has the floor. velop strategies that will reverse the current trend to ensure that future generations enjoy a greener Ber- SUSPENSION OF STANDING ORDER 21 muda that is far more environmentally healthy.] Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. [Pause] Mr. Speaker, I move that Standing Order 21 be suspended to— [Hon. Stanley W. Lowe, Speaker, in the Chair] The Speaker: Any objection? The Speaker: The remaining Orders, 7 and 8, in the Agreed to. name of the Opposition are being carried over. Madam Premier, there are no further Orders [Gavel] before the House. [Motion carried: Standing Order 21 suspended.] Hon. Paula A. Cox: Mr. Speaker, I move that— The Speaker: Carry on, Minister. The Speaker: Madam Premier has the floor. THIRD READING SUSPENSION OF STANDING ORDER 21

MARINE BOARD AMENDMENT ACT 2012 Hon. Paula A. Cox: Thank you. I move that Standing Order 21 be suspended to enable me to move that the Hon. Derrick V. Burgess, Sr.: The Bill the Marine Bill entitled the National Pension Scheme [(Occupa- Board Amendment Act 2012 be read a third time by its tional Pensions) Temporary Amendment Act 2012]— title only.

Any objection? The Speaker: The Speaker: Any objection? Agreed to. Hon. Members: No. [Gavel] The Speaker: Agreed to.

Hon. Derrick V. Burgess, Sr.: I move that the Bill be [Gavel] now passed.

[Motion carried: Standing Order 21 suspended.] The Speaker: Any objection? House of Assembly Official Hansard Report 25 May 2012 2185

Agreed to. The Speaker: Oh, I missed that. I am sorry. [Gavel] Hon. Paula A. Cox: I thought you did. [Motion carried: The Marine Board Amendment Act 2012, was read a third time and passed.] The Speaker: The 8th of June?

The Speaker: I now recognise the Honourable Mem- Hon. Paula A. Cox: The 8th of June. ber Dame Jennifer Smith from St. George’s North. The Minister of Education, Dame Jennifer, The Speaker: Yes. has the floor. Hon. Paula A. Cox: And now I am moving that the SUSPENSION OF STANDING ORDER 14 House do now adjourn.

Hon. Dame Jennifer Smith: Thank you, Mr. Speaker. The Speaker: Any objection? Mr. Speaker, I move that Standing Order 14 Agreed to. be suspended to enable me to present a communica- tion to the House. [Gavel]

The Speaker: Any objection? The Speaker: In any event, the Honourable Member, Agreed to. Mr. M. Pettingill, from Warwick West, wishes to speak. Mr. Pettingill has the floor. [Gavel] WEDCO HOUSING PROJECT [Motion carried: Standing Order 14 suspended.] Mr. Mark Pettingill: Thank you, Mr. Speaker. The Speaker: Carry on, Dame Jennifer. Mr. Speaker, one of my favourite books of all time that I recommend to all Members is (and I am PAPERS AND OTHER COMMUNICA- sure that many of them have read it) To Kill a Mock- TIONS TO THE HOUSE ingbird, by Harper Lee. And one of the famous quotes in that book that many a lawyer worth his salt will live by is: Don’t ask a question that you don’t know the LEASE AGREEMENT WITH PEMBROKE answer to. HAMILTON CLUB So, this morning, when in relation to the Minis- terial Statements on the WEDCO Infrastructure and Hon. Dame Jennifer Smith: Thank you, Mr. Speaker. I have the honour to submit for the information Housing Project I asked a number . . . nine questions of the Honourable House of Assembly a lease agree- on adjournment, it was with some amusement that I ment between the Ministry of Education on behalf of noticed that the Minister—in not responding to any of the Government of Bermuda and the Pembroke Ham- the nine —had a number of other senior Members ilton Club. who were saying it is in the public domain, it is in the public domain, it is in the public domain. So anything that I speak of tonight, I am sure that there will be no The Speaker: Thank you, Dame Jennifer. Madam Premier has the floor. objection from anyone on the other side of the House because, according to them, all of these matters are in ADJOURNMENT the public domain. I had the chance this morning (because I did not see it beforehand) to go through the Statement. Hon. Paula A. Cox: Thank you, Mr. Speaker. And now I have had a chance to go through it further. I move that the House to now adjourn to Fri- I think that we need to have a little bit of time with talk- day, 8 June 2012. ing some facts in this place in answer to the questions that some of us know the answers to. The Speaker: Any objection? The Honourable Member indicated in his Min- Agreed to. isterial Statement that “the opposition have intention- ally introduced via the media false information in the [Gavel] hope of Political gain.” Well, I think on that we need to raise a number of questions and answers. Hon. Paula A. Cox: Mr. Speaker, I thought I now I mean, my question for example is, why a moved that the House do now adjourn. Remember, I th project now, that is destined for $36 million to build just adjourned it to the 8 of June. Yes? 100 units, was in October of 2010 the subject of a pri- House of Assembly 2186 25 May 2012 Official Hansard Report vate placement for $34 million to build 100 units by a fering) to say, We want to build units down at the company in the US that was offering a private place- West End, what can you put up a unit for? ment position to investors to get involved with that The Minister said something about the Oppo- project. Let us talk some facts in this Honourable sition doing its math. Well, I will do some math for you. House. It is now $36 million and it has been dressed The cost of putting up those units right now is to the public along the lines of this is a WEDCO pro- $360,000 per unit—two bedroom unit in Victoria ject and that WEDCO is putting up $36 million to build Row—$360,000. Now, a little bit of knowledge on these units. construction. I would think that there would be some Well, where are the facts? Because I would local companies that would be jumping up and down suggest, Mr. Speaker, that the fact of the matter is to say, Hey, we’d like to have a stab at putting up that the money for the project is being borrowed and some Bermuda-built, Bermuda-financed, Bermuda raised in the US and it has been set up through a material—block, wood, all the rest of it—at a cost of company in Bermuda that WEDCO is partnering with $360,000 a unit. Not shipping it in from the United and that the Government of this country is guarantee- States of America to have it put up by a foreign com- ing the shortfall. Please jump up at any time and ob- pany. But [if] this Government is all about fair play and ject to anything that I have to say which is in the public everybody having an equal opportunity, why did they domain that is not within the realm of fact. not put it out to tender? Why did we not see a big ad Now this morning we heard that the money is in the Royal Gazette to say, WEDCO wants to build being borrowed from the Bank of Butterfield. And I find these units down there? this of some interest. This is a Government that is in- Do not put it on WEDCO. I do not want to tent on spending . . . borrowing money and stimulating hear that now. I do not want to hear the Government the economy (it says). And one would look at this and coming along and saying, That’s WEDCO. They’re a say, Well, is this another stimulation project? Because quango. That is nonsense because the Government is I am sure that that is what we are going to hear that in the thick of this project. There is no way it would the intention is—that this will be a stimulus package. have happened without the appropriate SDO, without So we, dressed up as a quango— WEDCO, or who- it being put out to tender, without the permissions, ever—are going to ensure that we stimulate the econ- without the guarantee issues, without the position on omy; and we are going to stimulate it with a construc- the companies being set up 60/40, and all the rest of it tion project. without the Government being involved in the thick of The Honourable Minister in his memo even it. says (and this is a quote, Mr. Speaker, on page 304), Because my understanding is that there is a “. . . it also creates a welcomed boost for our construc- local company that is being set up in relation to this tion industry.” This project at WEDCO “creates a wel- partnering with WEDCO by the name of South Basin comed boost for our construction industry.” Let us talk Development, Ltd. where WEDCO has a 60 per cent facts. controlling interest and 40 per cent is owned by the The fact of the matter is that this project is be- US company. Wow! ing run by a US company that is fabricating the mate- Wow! rials for the building of the units overseas, is shipping Mr. Speaker, does that sound like something them to Bermuda to build (like LEGO blocks) down that has been put out, as the Minister said, to boost— there at the West End in a developmental partnership to boost—our construction industry? Our construction with WEDCO. A deal—a deal in the public domain— industry is not getting a piece of that. The Member on that is 60 per cent controlled by WEDCO and 40 per the other side indicated, the Honourable Member, that cent by the US company that is investing in the project we are going to get 100 jobs. So we are going to em- and providing the construction materials. ploy one man per unit to do it for 18 months—18 Now, at the start I do not see where that is months. There is no big stimulus in that. providing any boost for a stimulus to our construction Let us talk facts on how it goes and how this industry, as the Minister said, because the design, the project is being run and how it came about and what fabrication of the material, in fact, the way that it has the deal is. Because to my mind this is just another to be put together (which is in accordance with local flash by a Government that has no history of putting building techniques and so on) has to be managed by together a project, a construction project, that it can an entirely US-run company. That is one of the first of deliver on time and reasonably on budget. No history many factual points. of that. And now trying to do it without a tender . . . The next question is with regard to that partic- shipping all the materials in from the US and using a ular position on those units being put together. Where US company to do it, one has to figure that is not go- is the tender that went out to stimulate the local econ- ing to be on time or on budget either. Especially when omy and the construction industry for this $36 million a large part of that deal if there is a conflict (in accord- project? What you would have expected to have seen ance with the agreement that if certain conflicts arise), is that a tender would have been put out to all of those if there are legal issues, they are to be governed by local construction companies (many of which are suf- New York law—not even by the law in Bermuda. House of Assembly Official Hansard Report 25 May 2012 2187

So you have either got to come clean or not An Hon. Member: Wow! just leave it out to the facts that are all in the public domain. Because then you get in a place like this and Mr. Mark Pettingill: Wow. say, Hey, let’s talk facts, and put out everything that Now, these are the facts. went on with regard to what appears to be, on the You know, let us talk facts about what this is face of it, somewhat now of a secretive deal. about and what is really going on here and about where the problems lie. You would think that the Gov- The Speaker: It is— ernment of the day has had enough questions raised . . . enough issues out there in the public domain . . . an Mr. Mark Pettingill: Because when it was— Auditor General jumping up and down, people crying out that this has not been done properly, that this has The Speaker: In fairness to the Minister,— not been put out to tender properly, that this has not been managed properly, that you overspent here. You Mr. Mark Pettingill: —somewhat . . . yes. would think there would be enough issues out there that you would not suddenly try . . . and at the last mi- The Speaker: The Minister did give an undertaking to nute, when you are coming the end of your term (one find . . . to get the correct information. hopes the end of the Government term for a long time) you are going to try and suddenly ram through a Mr. Mark Pettingill: He did, Mr. Speaker. But at the project for 100 units at a cost of $36 million and no- same time he was also told, with respect— body (like myself) is going to dig a little deeper to see exactly what the deal is. The Speaker: You cannot fault the Minister for that. I asked the Honourable Member this morning about . . . well, how much are the current rents down Mr. Mark Pettingill: No, no, no. I am not faulting at Victoria Row? He had no answer. him— The Ministers on the other end were jumping up and saying, It’s in the public domain. Okay. Here The Speaker: Yes. you go, here is the public domain: It is $880 at Victoria Row a month—$880 a month right now. You are go- Mr. Mark Pettingill: But you will recall certain senior ing to build units, which on the face of it they have Members of his Cabinet— indicated through their Statement (let us talk facts) are going to cost $1,600 a month. I wonder if the people The Speaker: Well, yes, yes, yes. down at Victoria Row know that. Now, there are two issues there. If they do not Mr. Mark Pettingill: Senior Members of his Cabinet know, their jaws are probably going to hit the floor. Or were telling him not to answer because it was in the if they do know they probably figure (or better have public domain. So, I am going to avoid all of that be- been promised as is part of the deal) that the Gov- cause I do not want to . . . I know that Minister is an ernment is going to give up the shortfall on that and honourable person, so I do not want to— pay the extra amount of money. Here is the question: Where is that money going? Well, the answer to that The Speaker: But I distinctly heard the Minister say is that the money is retained in a locked box deal— he would give an undertaking. which means that it goes in and that the US construc- tion company or the investment company gets paid Mr. Mark Pettingill: Yes, to come back. He gave an out first. So, the Government is picking up a substan- undertaking when I asked the question Mr. Speaker tial shortfall, likely, on what is going to transpire down (remember?), about who is Bostonia LLC? Well, it is a there with regard to that particular building project. nice name, but I did not make it up. That is what the deal is about. Who is Bostonia LLC? Who is Clark Construc- So— tion Limited? What is the South Basin Development Limited? What company is that? It is not a WEDCO An Hon. Member: How do you know? deal. It is not a WEDCO deal. It sounds very nice the way that it has been Mr. Mark Pettingill: How do I know? Because what put out about WEDCO in some type of partnership happens in the dark comes out in the light of day. And with the Government is going to build all of these when you have somebody that abides by the Harper units. And you know what? It is going to be the same Lee rule of don’t ask a question that you do not know old cry. I can hear it now. I know the Honourable Min- the answer to, you better believe they are probably ister opposite me, my good friend, the Honourable Mr. going to go away and have their homework. And when De Silva, is sitting there going I care. He is writing the they are asking those questions, they might just have speech. I can hear it. I can write it for him—A caring the answer. House of Assembly 2188 25 May 2012 Official Hansard Report

Government, Mr. Speaker, a Government that invests You know, those units down there in Victoria in its people—watch it, those lines are going to come. Row have been there since the 1800s and the one thing residents will tell you . . . And, oh yes, I spoke to [Inaudible interjection] them, too. Right? The one thing they are going to tell you is, We just wanted our places fixed up. We want- Mr. Mark Pettingill: Well, it is all right. It is all right. ed them fixed up. We like it here. This is solid stone. I need some new electrical. I need some new plumbing. [Inaudible interjection] I don’t actually want to leave this particular row and move into a prefab. A prefab that heaven only knows Mr. Mark Pettingill: No, what I do not know is . . . is going to be falling apart in what course of time. This is my concern, that those investments have to be Here is the nonsensical approach with this paid for and I do not want my kids, or, with respect, position. When you get into bed with an overseas the Honourable Member’s kids, picking up the tab for company . . . and I am not making any disparaging it. And that is what this Government is famous for— remark on this company. I do not know them. I do not spending money on an economic plan that is going to know who set them up. I do not know what they do. I have our children—my newborn from last week . . . do not know what their reputation is. I just know that they are going to hate us because of what we did they are a foreign company—a foreign company—that here. They are, because we are going to be taxing is coming here that has all the marbles on the design, them. They are going to have to pick up this bill. the construction, and everything else. Not even Ber- Those things will take years to pay. Right? muda design. This is what some Bermuda houses The Government does not have the money in look like. Can you put us together some prefabs that a surplus to do it, like it was when we built Global kind of look like this? House. We heard the nonsense coming out from a So I do not know who they are or what they certain union leader with regard to where that come. do or what they are about, but I know they are coming All went quiet when the facts came to the light of day. to our country making what will handily be a dandy You know, stimulus comes . . . it is about bal- little profit to build some prefab houses down there. ance. I agree with the position that you cannot be all How? How? austerity. But this Government is no austerity and is Just the vision on that . . . Here is the vision. all spend. And the worst of it is they are not spending You run into a construction problem, you run into an their money; they are spending my children’s future issue on your contracts, you run into an issue on your money. They are borrowing and borrowing and bor- design, you run into an issue on your guarantee—and rowing or they are organising loans and deals—like that company is gone. And part of the deal, by the that WEDCO deal on 100 houses down there that contracts that are being entered into, indicates you they cannot afford—to try and look like we are stimu- cannot even litigate it in Bermuda at a part. Can you lating something. imagine, Mr. Speaker? You are not only giving away a And the worst . . . the most diabolical thing position that should be filled by a Bermuda company about that WEDCO project is that it is not stimulating (or at least the offer put out for them to have it), but the construction industry in this country. It is not going you are saying that if you have a fight on it you have to stimulate jobs. It is not going to stimulate anything got no recourse here either, in part. You have got no because we have got empty units out there right now. recourse. And why? Why? So you can try and make it The Bermudian landlords need to get filled with for- look like you are actually going to do something now? eign workers or people that live here that need hous- This project, according to a Ministerial State- ing, affordable housing. We have got the empty units. ment by the Deputy Premier when he made it in Octo- You only have 48 down there, why are you ber 2010, the first phase was supposed to be finished putting up 100? Do you need 100 units in the West (and I am not reading, I am referencing the note) in End? Do you need that? the Spring of 2011. Then a Memorandum document, Why are you giving this type of deal to a US an offering document for foreigners to invest in it was company and all of the money—the construction put out in February 2011. And it has rolled since that money—that it takes to build it? time and then suddenly it comes up in a session of And these are the facts. The construction Parliament saying, WEDCO now is going to build the- money that it is going to take to build it and the short- se 100 units down there and this is a wonderful thing fall on the rents and the guarantee on the rents is because we are creating more housing for our people. flowing out of Bermuda—out of Bermuda . . . out of And “affordable housing” is going to be the next line. If Bermuda, Mr. Speaker. you are paying $880 a month, Mr. Speaker, jumping What are the materials that are being used up to $1,600 a month is not affordable housing. It is here? What are you going to tell our people? That we not affordable housing. It simply is not. are putting up LEGO block houses with foam filling in You know, that is not the way to go especially the middle? Are they construction worthy of a hurri- when you have only sold five of your Atlantic units cane? House of Assembly Official Hansard Report 25 May 2012 2189 down there and you have got all of these empty units out here. Hon. Michael J. Scott: I said that, Mr. Speaker. Now, I am going to caution the Government right here tonight. If you want to have a go (because I Mr. Mark Pettingill: Point of order, Mr. Speaker. have only opened up a little of Pandora’s box), be very, very careful because right now I am like the US The Speaker: What is your point of order? flag with the snake—don’t tread on me, don’t tread on Minister, take your seat. me—you might get bitten. Come to the wicket clean and straight. Don’t tread on me. POINT OF ORDER [Misleading] [Desk thumping] Mr. Mark Pettingill: I say this with great respect to my The Speaker: Thank you, Mr. Pettingill, the Honoura- honourable and learned friend. I think that that part of ble and Learned Member from Warwick West. the statement, with great respect, is misleading. He Any further speakers? says that what I am saying is no added addition to the I recognise the Honourable and Learned housing stock. Member, Minister M. Scott, from Sandys North. Well, the fact of the matter is that it is quite Minister? clear from the Ministerial Statement that this is the building of 100 units. The Honourable Member has Hon. Michael J. Scott: Mr. Speaker, thank you. indicated there are 48 units down there right now. I Mr. Speaker, first a caveat in the absence, am not the mathematician that my honourable and certainly, of the Minister of Public Works, the Honour- learned friend, Mr. Richards, is but in my own country- able Michael Weeks, who has spoken exhaustively on boy math I know that that is an addition of 52 housing this matter. But in his absence from the House at the units to the unit stock. So the Member is, with respect, point that the Honourable and Learned Member, Mr. incorrect in saying it does not add to the stock; it adds Pettingill, again, raises the 100 Homes Project, put in to it by 52 units. questions this morning in the House, I stand to pro- vide some balance. The Speaker: Thank you, Mr. Pettingill, the Honoura- Now, Mr. Speaker, of course, Harper [Lee’s] ble and Learned Member from Warwick West. edict or warning that you should never ask the ques- tion the answer to which you do not know, can be fol- Hon. Michael J. Scott: Continuing, Mr. Speaker. lowed by yet another lawyer’s code which is, Have your facts before you speak. The Speaker: Minister Scott. The 100 Homes Project foreshadowed in 2010 was described as replacement housing. And so Hon. Michael J. Scott: The Honourable and Learned the idea or the notion (because that is what it is) as Member, Mr. Pettingill, notes that the approach should led by Mr. Pettingill, the Honourable and Learned be to see this new housing not last the period of its Member, that this is housing being added to the stock construction life, and soon they will be deteriorating in the face of the presence of the houses on the South and be unsatisfactory housing. I paraphrase. Shore at Grand Atlantic is a false notion. It is an inac- The current housing is in a horrible state of curate notion. It is a misleading notion. repair, Mr. Speaker, a horrible state of repair. So that But the important thing, Mr. Speaker, is that kind of condition of habitation needs to be replaced the Minister of Public Works, the Honourable Michael now. It needed to be replaced or ameliorated in 2004 Weeks, has made this point laboriously and repeated- when I became the Member for Sandys North. It was ly in statements in the public media and in statements in that state of condition for many years. The Mem- to this House. So it is replacement of those houses. bers of this party who have represented that area The Honourable and Learned Member made the very have always had the state and condition of the houses point in his own observations, and yet still forces the along the Cochrane Road as one of the constant polit- argument. He said that the houses are to be removed, ical bugbears of their representation. demolished. So there is no net addition to the housing So, the plus is that new housing is being pro- stock. vided. Like the Chairman of WEDCO, the Honourable Mr. Pettingill, the Honourable and Learned Member, Mr. Walter Lister, who visited the construc- Member— tion manufacturers in Washington, we have not sought to not disclose that these are manufactured Mr. Mark Pettingill: Point of order. Point of order. products. This is why the cost, Mr. Speaker, of build- ing this project of 100 homes—100 new homes—can [Inaudible interjection] be done for $36 million. I will come to that calculation in a moment. The Speaker: The Honourable and Learned Member. House of Assembly 2190 25 May 2012 Official Hansard Report

We have visited, I certainly have visited, the Hon. Michael J. Scott: The question of the rents, the construction and manufacturers in Washington, Clark current rents, I heard the Honourable Minister of Pub- Construction, where remains the company that I visit- lic Works inform the House this morning that he would ed, and saw the method. The finishing work, the get a complete detail of the current rents. But I did strength of these panels that will be used to construct hear him say that the rents extend upwards to . . . these units is efficient. They are strong. They have the some of them start as low as $500. I recall his making ability to withstand both our weather conditions and this case in the public meeting and in the media, that our hurricane conditions because of the technology, they go up to $1,600. modern, up-to-date, twenty-first century technology. They will retain the warmth in these homes, and when Mr. Mark Pettingill: Point of order. cooled, will be efficiently cooled without the loss of air conditioning. The Speaker: What is your point of order? But, Mr. Speaker, there is the irredeemable, irrefutable fact that the cost is brought down by the POINT OF ORDER fact that the construction method is much less expen- sive than block. Mr. Mark Pettingill: I do not like to interrupt, but with respect to the Ministerial Statement that was made Mr. Mark Pettingill: You should have put it to tender this morning, the only issue with regard to rents that is then. stated in there, [is] that the rents for these units will range between $1,600 and $2,100. Now, that is the Hon. Michael J. Scott: Now, Mr. Speaker, as the public statement made by the Government this morn- Chairman of WEDCO indicated, if we were to use lo- ing. cal and traditional construction methods there is no way that we could replace—and I stress, replace—the The Speaker: Sure. The new units. houses there in Dockyard with 100 new homes at this price. Mr. Mark Pettingill: No $500. The tender point . . . I will just deal with a few more of the rash misstatements of fact by the Hon- The Speaker: No, no, no, no. No, no, no. ourable and Learned Member, Mr. Pettingill. Mr. Speaker, the Minister of Public Works in my presence [Inaudible interjection] has at the public meeting held in Dockyard no less than three or four, five days ago, advised the listening The Speaker: We are talking about the new units. I public there—and I believe he went into the media on got the impression you were talking about the present two successive radio shows—to say that this matter, units. this construction project is to be tendered. So, for the Honourable Member to suggest that this matter has Hon. Michael J. Scott: Present units. not been tendered is premature. It is misleading. And it goes in the very teeth of Ministerial Statements that The Speaker: Yes, yes. this project will be tendered. Hon. Michael J. Scott: Mr. Speaker, I am the Mem- Mr. Mark Pettingill: It is going to be built in 18 ber for the area, and I am intimately acquainted with months, and it is going to be tendered now. Okay. the current rents. They have been the subject of much to-ing and fro-ing between tenants, between as low as Hon. Michael J. Scott: The fact that the Opposition $500 up to about . . . Now I am sure there are some Member, the Honourable and Learned Member, is not tenants who have had increases of rents today up to au fait with the timelines is his problem—is his prob- around $1,600 (of rents). The new rents are stated in lem. But it comes back to the Mirror legal ethos: Do this wonderful presentation that is in the public domain not speak before you have all of the facts. Otherwise, presented by the Minister of Public Works. It is a con- you will get yourself in trouble. siderable document which gives the facts. On page 16 it states the one bedroom rent will be $1,600. A two Mr. Mark Pettingill: I have the facts. You do not have bedroom will be $1,900, and a three bedroom unit will the facts. be $2,100. All of these rents, as a caller to myself during Hon. Michael J. Scott: He has some facts. He has a discussion, on information basis entirely (as the lady some facts. indicated), all of these rents . . . I do not need her to remind me of this; most people know. These rents that Mr. Mark Pettingill: I have some facts. Okay. I have just read are below market rents in the current marketplace of Bermuda. So, WEDCO has been re- sponsive to the Government’s sensitivity to keeping House of Assembly Official Hansard Report 25 May 2012 2191 these rental units not only affordable, but under mar- times the water transformation and the sewage man- ket rents. Nowhere today will you get private sector agement. That cost is in this figure of $36 million. renting [for a] three bedroom unit at these kinds of In addition, some of the other incidental costs rents. It is recognised by the public. Callers into the of both the financing cost, the planning cost and the radio show that I had the privilege of being on con- architect’s costs are all in that figure. This is what the firmed this and thanked the Government and WEDCO members of the public will get for this project, Mr. for this. Speaker. So, the calculations, rashly and gamely Mr. Speaker, the Honourable and Learned thrown about the House this week . . . Prior to this Member made a number of other missteps and mis- week, it was the Shadow spokesman for Finance who statements, again trying to weaken the value of this was struggling with the figures and coming up with project and trying to denigrate it when everything calculations of $800,000 for 45 units. These are the about it is worthy of some considerable level of cele- pitfalls into which the Opposition continues to stray, bration by the residents whom I represent, and they notwithstanding the fact that the Minister of Public are doing so. Works has been at pains to give us the facts. It is clear to me as the Representative having Mr. Speaker, of course, the Minister of Public to come to grips with whether we deal with gutting the Works undertook to give clear details about the corpo- existing stone units that are there, repairing the roof rate structures and entities. I heard the Honourable which has asbestos in it in some cases, repairing the and Learned Member mention the South Basin De- electricity and replacing the electrical installation and velopment Ltd. That is in the public domain. It was replacing the really very awful plumbing, [that it] would declared at the public meeting in Somerset, as one of be impossible to contain the costs for all of those units the corporate entities. at this figure. But Members of the Opposition and the Mr. Speaker, [I am] just going through any Member who just spoke continue to make this case, other points that I think will assist the public and be and I say not at all convincingly. able to be supplemented by anything that the Minister Mr. Speaker, there is the fact as well, as the of Public Works can add to this as he has given an Public Works Minister was at pains to point out, that undertaking to do. What I want to leave my remarks the 100 jobs that will be created will be created as a with is that there is no effort to put this project or to result of this project employing Bermudians to erect . . have it put the Government in a position of funding . The construction activity will be largely around the where we cannot afford it. This is a project that has pouring of a number of concrete platforms that will been costed. It will be funded through the Bank of But- form the foundation. They will learn, and there will be terfield. It will be supported, Mr. Speaker, and fi- transfer of new high technology home construction nanced by the rents of these many tenants, who are [methods] by Bermudians. Whoever wins the tender, welcoming this project. And there will be sales. these will be the benefits of this local labour force. The Boaz Island tenants, Mr. Speaker . . . They will have knowledge transfer, learning right there in Boaz Island, the tenants in particular how to construct this particular method of construc- who are renters, will have the first option of moving tion. And hopefully have the ability, Mr. Speaker, to into these new and beautiful units. Then WEDCO will deploy this kind of construction at construction time monetise the homes that they have vacated. There is frames and time periods that are very tight and, there- interest in the purchase of these Boaz Island homes, fore, this brings the cost down and with this new tech- and this will assist with the financing of this step nology of learning how to construct and assemble through the WEDCO formula. these modular (I think is a fair way of putting it) But rents, it is hoped, will meet the financing homes. needs of this debt. Tenants are being assessed for Mr. Speaker, the price point of $360,[000] cal- these new rents to ensure that they can meet them. culated against the $36 million for the 100 homes has Here is the thing, Mr. Speaker. There are many ten- to take into account that that $360,000 cost is broken ants or occupants of these homes who can contribute down as covering a very, very important infrastructure to these higher rents and newer rents. That is a for- project to construct (again, with the creation of more mula that WEDCO is using. jobs) a trench and lay the sewage line from those is- lands’ current sewage facility right next to the Shell The Speaker: Thank you, Minister. Time is up. station in Malabar Road out to the site of these 100 Any further speakers? homes. Those lines will carry and service the Victoria I am going to take the Honourable Member, Place (which is the brand name for this project). They Minister Z. De Silva, from Southampton East Central. will service the sewage requirements of that project, Minister De Silva has the floor. and the line will then trench out to the state-of-the-art sewage treatment plant, which is in the environs of the Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Dockyard. It is that same state-of-the-art sewage plant Mr. Speaker, first let me thank Minister Scott that has the capacity to deal with the ships, the cruise for his summary of facts that he gave. But, Mr. lines, but it is underutilised. It can handle four or five Speaker, I cannot believe that the Opposition have House of Assembly 2192 25 May 2012 Official Hansard Report chosen this subject to talk about tonight. Because I Well, Mr. Speaker, the Honourable Dr. Grant will lay out some facts on the table, Mr. Speaker, real Gibbons said that he had canvassed the area recent- facts—no fiction, no innuendo, no far-reaching guess- ly. I would like to know what occupant he spoke to and ing, no reaching into the chicken coop trying to find an visited. If the Honourable Member would like to, I will egg that may or may not be there. Okay, Mr. Speak- gladly take my seat while he tells us who that was. er? Mr. Speaker, let me begin by . . . As we know, Dr. the Hon. E. Grant Gibbons: I canvassed the ar- these houses were built in the 1870s. Number one, if I ea— was in the Opposition benches today I would not even bring up these places because they should have been The Speaker: I am sorry. You did not call for the eye fixed 30–40 years ago, Mr. Speaker. of the Speaker. Take your seat.

[Inaudible interjections] Hon. Zane J. S. De Silva: Thank you, Mr. Speaker.

Hon. Zane J. S. De Silva: Thirty, forty years they The Speaker: Carry on. should have been—fifty years ago—they should have been fixed, Mr. Speaker! You see, Mr. Speaker, I Hon. Zane J. S. De Silva: So I will ask him that. would have left this alone. Mr. Speaker, having stayed in those units as a Mr. Speaker, the Honourable Members oppo- youngster, I can speak to them. The outhouses that site are all chirping away saying, Well, you had 10 my honourable colleague, Mr. Bean, talked about ear- years, 13 years to fix it. Let me explain to them why lier . . . very true, Mr. Speaker. Mr. Speaker, when I we have not done it as of yet, Mr. Speaker. I am glad was a youngster and stayed in those units, I can only they asked the question. Because you know why, Mr. imagine what they renovated in 1979. Hmm. Let us Speaker? In 1998, when we took over as Govern- see. I was in there before 1979, Mr. Speaker. Let me ment, we had to shut down senior citizens’ homes say this. Hmm . . . 1979 renovated, 32 years ago . . . because they were in such terrible state. All of our Did Somerset beat St. George’s that year? Yes! schools—almost all of our schools—infrastructure was that of unfitting . . . Let me pick the right word, Mr. [Inaudible interjection] Speaker. I do not want to say . . . But almost all of our schools, Mr. Speaker, were in such terrible shape, the Hon. Zane J. S. De Silva: Well, Mr. Horton, your infrastructure in such terrible shape, that that is why memory is a lot better than mine. we are just getting to these units. Now, that is only one. Now, if you want me to [Laughter] go down— The Speaker: Let us not get off track here. Mr. Mark Pettingill: Point of order. Point of order. Point of order. Point of order. [Inaudible interjections]

The Speaker: Minister, what is your point of order? Hon. Zane J. S. De Silva: Yes. But, Mr. Speaker, let me say this. Having spent time in those units, Mr. POINT OF ORDER Speaker, many years ago . . . And I will put up my hand and say I have not canvassed those houses as Mr. Mark Pettingill: Point of information and fact. The of late. But, Mr. Speaker, as a youngster, I did. Mr. units were renovated in 1979 by the then- Speaker, I can tell you that I am very familiar, and I Government. In 1979 they were renovated. know many of the residents that used to stay and cur- rently stay in those units. [Inaudible interjection and general uproar] In Minister Weeks’ Statement this morning—

Hon. Zane J. S. De Silva: Mr. Speaker, in 1979 they The Speaker: The Honourable Member, Minister were renovated. Oh, wow. That is great, Mr. Speaker. Weeks. That is really nice. But, Mr. Speaker, they were reno- vated in 1979, and if they were in power they would Hon. Zane J. S. De Silva: The Honourable Member. renovate them again today. But I am going to get to that, too. The Speaker: Yes. Now, Mr. Speaker, 1979, 1989, 1999, 2009 . . . that tells me that was about 32, 33 years ago, a ren- Hon. Zane J. S. De Silva: He said the residents of ovation to an 1870 unit. Thirty-two years ago they this area have been waiting far too long for something were renovated! That is real nice, Mr. Speaker. to happen with these units. Mr. Speaker, I will say this. He also says in his Statement that he met with the House of Assembly Official Hansard Report 25 May 2012 2193

tenants who are currently staying in those units. All The Honourable Member, Dr. Gibbons, I am but one, I believe he said, were very happy—very sure . . . any Member on that side would tell you that happy. All but one were very happy and excited that they had overseas partners, Mr. Speaker. We could this project is finally going to move, and they will look talk about Tynes Bay. We could talk about the airport. forward to moving back into their new homes. Now, We could talk about the hospital. We could talk about these are the residents, Mr. Speaker. They have been any numerous amount of projects that the United informed of what the rents will be. I repeat: In his Bermuda Party participated in with partners from Statement, they are excited that the project is ready to overseas. So, all the projects that I named, they have move, and they are ready to move in their new had their overseas partners help. We realise it. That is homes. So, Mr. Speaker, irrespective of the amount of okay. rents that we will be asking for those units, the resi- So let us just get that fact straight, Mr. Speak- dents are excited that they will get new residences. er, that that project will not be managed entirely by a They know what they are going to pay, Mr. Speaker. US company. For the edification of my colleague, Mr. Pettingill, the Honourable Member, the rents are in the [Inaudible interjections] public domain of being between $500 and $1,600. They have been stated many times in recent weeks. Hon. Zane J. S. De Silva: Entirely. That is correct. Mr. Speaker, the Honourable Members opposite said, That is the word that the Honourable Member used, Well, how are they going to afford these new rents? Mr. Speaker, “entirely.” Well, Mr. Speaker, there is nowhere else in Bermuda, I do not believe (it is not many), where you can get Mr. Mark Pettingill: I did not say entirely. these units, two and three bedroom units, no more than $2,100. And remember, some of those tenants at Hon. Zane J. S. De Silva: Mr. Speaker, the Honoura- the moment are receiving financial assistance. ble Member says he did not say entirely. You know I Mr. Speaker, let me say this. Some of the make notes. I will make the Honourable Member a tenants in those units have several family members little lunchtime bet. Check Hansard! He used the word that are working. They know that they have been get- entirely. I specifically wrote that down because I know ting a good deal. They have been getting a good deal, that that is not the case, Mr. Speaker. So that is one Mr. Speaker, and it is like anyone that lives in a unit cross against Mr. Pettingill. that needs work. I have had the experience myself as a youngster, Mr. Speaker, when I first started working. [Inaudible interjections and crosstalk] I stayed in a not-so-sharp place, but I was paying cheap rent—and I knew that. The water did not quite Hon. Zane J. S. De Silva: Mr. Speaker, the Honoura- work. This did not work. This was broken. That was ble Member also mentioned the words “secretive broken. That was okay. I was paying cheap rent, Mr. deal.” Well, Mr. Speaker—and the Honourable Mem- Speaker. I knew that. ber said that he is doing his homework. If he thinks we So, if I want all the amenities, [if] I want all the are not going to dig around and look for facts, boy, up-to-date stuff and I want a putting green outside of you have got the wrong person, were his words (simi- my back yard, I know I am going to go down to Tuck- lar to). But, Mr. Speaker, in no later than today’s Ber- er’s Town and I am going to pay a few thousands a muda Sun, on page 7, there is a very detailed article month. by the Chairman of WEDCO, Mr. Walter Lister, who just happens to be a Member in this House. And I am The Speaker: Do not forget the flat screen. so glad he is here tonight. Mr. Speaker, if you read through that article, Hon. Zane J. S. De Silva: And the flat screen TV. the Honourable Member Walter Lister answers just Indeed, Mr. Speaker, because I certainly did not have about every question that the Honourable Member, that in my apartment when I was coming up. Mr. Pettingill, mentioned tonight. So if he is not going So, Mr. Speaker, I want to address some of to read the paper, Mr. Speaker . . . I know that he has the points that the Honourable Member, Mr. Pettingill, just had a newborn and that the newborn keeps him brought about. One of the things he said, this project awake at night, so he did not have a chance to read will be managed entirely by a US company. Well, un- the paper this morning, Mr. Speaker. But, Mr. Speak- less the Honourable Member can show me a piece of er, let me just point out a few things that the Honoura- paper where that is a commitment, I would have to ble Member got to. ask him to withdraw that. Because, Mr. Speaker, like He said that the US company will get paid many projects that this Government and also the pre- first, insinuating what? What was he insinuating? Mr. vious Government, the UBP/OBA . . . Mr. Speaker, Speaker, we live on an Island, and I do not know too many projects prior to 1998, I could tell you there are many people in business in Bermuda that import many projects. goods that do not have to pay for them first. So why should this be any different? If we are going to be us- House of Assembly 2194 25 May 2012 Official Hansard Report ing the services and buying products from a company from overseas, tell me why we are not going to pay The Speaker: Let us be courteous. This is a serious them first. You have, I think, several people, Honour- matter. So let us be courteous, please. able Members, on the other side that have their own Carry on, Minister. business. Does Mr. Swan, who represents the United Bermuda Party, the plumber, Mr. Swan—does he not Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. have to pay for his goods that he imports from over- See, Mr. Speaker, there are many people in seas? Bermuda, many of our people, that have purchased homes. They do not come from wealthy backgrounds. An Hon. Member: He might have good credit. They save, they scratch, and they say, Okay. I have got enough for a deposit. I am going to make a move. Hon. Zane J. S. De Silva: He might have good credit, I know this is deep, deep debt. I am going to struggle but he is going to pay for them before the local boys to make my mortgage payments, but I am going to do get paid, I can assure you that. Yes, sir! it. A lot of people do it, Mr. Speaker. But you know So, Mr. Speaker, that is cross number two for what happens sometimes? What happens if Mama Mr. Pettingill. and Daddy, who take that chance, kick the bucket? They get run over by the bus, Mr. Speaker. Well, you The Speaker: The Honourable Member. know what happens, Mr. Speaker? That does not even have to happen. Some- Hon. Zane J. S. De Silva: The Honourable Member. times our people make these commitments. They buy a house. They have a 20-year mortgage, Mr. Speaker. The Speaker: Yes. They are 45 and 55 when they do it. Sometimes, you know what happens, Mr. Speaker? The children are Hon. Zane J. S. De Silva: Cross number two, Mr. going to be burdened with that mortgage. Speaker. You see, Mr. Speaker, these are the types of The Honourable Member also said he does things that we as a Government . . . and I am not not want his kids picking up the tab for Government afraid of debt, Mr. Speaker. I am a living proof of a spending. Well, Mr. Speaker, I could tell you what. man that is not afraid of debt. That is what governments do! You know, if you run a business, Mr. Speaker, you can look at your profits, [Inaudible interjections and crosstalk] you can look at your business plan, you can look at your expenses. You can look at all those things. At the Hon. Zane J. S. De Silva: Especially, Mr. Speaker, in end of the day, Mr. Speaker, you have got to make it the position I am when it comes to our people. If it work. You have got to turn over a profit. means going in debt to help that mother with her Governments are not always in that luxurious young child or help that senior, Mr. Speaker, I will con- position, okay? Because governments have to look tinue to go in debt. after people, we have to look after infrastructure, we have to look after roads, Mr. Speaker. We have to Some Hon. Members: Oooh. look after young mothers that are struggling with their children, day care provided by this Government. We [Inaudible interjections] have to look after the senior population that cannot look after themselves, Mr. Speaker. Those are the Hon. Zane J. S. De Silva: If it means, Mr. Speaker, things that governments do. In the process of doing taking the units at Dockyard and knocking them down these things, Mr. Speaker, we are going to run up a and building new ones so people can live comfortable, debt. I am sorry, Mr. Speaker. Put the debt burden on me. I I do not know many people outside of those can handle it. like Dr. Gibbons that have— [Inaudible interjections and general uproar] The Speaker: The Honourable Member. Hon. Zane J. S. De Silva: That is right. You know Hon. Zane J. S. De Silva: —the Honourable Member, what, Mr. Speaker? So, Mr. Speaker, that is what I who have many houses and lots of assets, Mr. have to say about the kids picking up the tabs. My Speaker. But I could tell you, a lot of people in Ber- kids. My kids, if they had to pick up the tab, I have muda, Mr. and Mrs. Bermuda, who go out and pur- done my best. Too bad. Too bad. chase homes—many of them— An Hon. Member: Too bad! Too bad? [Inaudible interjections and general uproar] An Hon. Member: That is not the way to run a coun- [Gavel] try! House of Assembly Official Hansard Report 25 May 2012 2195

[Inaudible interjections and general uproar] Hon. Zane J. S. De Silva: Sorry! Another “X,” another “X” for the Honourable and Learned Member, Mr. [Gavel] Pettingill, in my book. Mr. Speaker, the Honourable Member also Hon. Zane J. S. De Silva: So, Mr. Speaker, now, next said that we have empty units in Bermuda. He talked point. The next point Mr. Pettingill discussed. about the Grand Atlantic project. Why are we build- ing? The Speaker: The Honourable Member. Well, I have already given you an explanation of why we are doing it, Mr. Speaker. He says, Well, An Hon. Member: Throw him under the bus. Honour- we have empty units. Why don’t we renovate? Why able and Learned. don’t we renovate the units? Mr. Speaker, anybody that has been in Bermuda for a period of time knows Hon. Zane J. S. De Silva: The Honourable Member, that if you renovate, especially an old Bermuda home, Mr. Speaker, said . . . honourable and learned, yes. I the things that you can run into. Mr. Speaker, I will have got to respect my friend over there. give you a little example. I had an old Bermuda house Mr. Speaker, he said, This project is not going one time. I said, Look. I want to put on a closet. All I to stimulate jobs. Now, for an intelligent (supposedly), want is a walk-in closet, 8 by 10. They gave me a learned Member to say that this is not going to stimu- quote, Mr. Speaker—$25,000! Okay, no problem. You late jobs . . . How can the Opposition make . . . Mr. know what, Mr. Speaker, by the time we finished, you Speaker, I do not want to say . . . I do not want you to know what it was? [It was] $48,000, Mr. Speaker. kick me out of the House. You know why, Mr. Speaker? When you ren- ovate old places . . . I am sure I do not have to tell The Speaker: You would know. anybody in this Honourable House that if you are ren- ovating an old Bermuda home, let us talk about 1870, Hon. Zane J. S. De Silva: I do not know how they can Mr. Speaker, the trouble, the problems that you could make such a statement, Mr. Speaker, that is really . . . run into. Now, let us say we did that. Okay. Let us say I would have to say that they insult my honourable we did that. Where are you going to put 40 to 60 fami- colleague, Mr. Weeks— lies?

The Speaker: The Honourable Member. Mr. Mark Pettingill: Point of order. I will help you out.

Hon. Zane J. S. De Silva: The Honourable Member, The Speaker: The Honourable and Learned Member, Mr. Weeks, and the Honourable Member, Mr. Scott, Mr. Pettingill, what is your point of order? when you talk about not stimulating jobs. Mr. Speaker, with this project, you have trenching. You have elec- POINT OF ORDER trical. You have plumbing. You have all other associ- ated works with infrastructure. You have site excava- Mr. Mark Pettingill: It is currently nine empty units at tion. You have demolition. You have crane work, elec- Boaz Island. Do nine units at a time, and put nine fam- trical work, windows, cabinets. ilies in there, and then renovate the units. Put them back in. There you go. An Hon. Member: Asbestos abatement. The Speaker: Carry on, Minister De Silva. Hon. Zane J. S. De Silva: You have asbestos abate- ment, Mr. Speaker. You have sewage, the whole new Hon. Zane J. S. De Silva: Man, that really shows— sewage system that is to be connected, Mr. Speaker. good thing he is a lawyer. Good thing he is a lawyer, The other thing, Mr. Speaker, that everyone Mr. Speaker, because he will not make it in the con- seems to forget is the water. We are going to provide tracting business; I can assure you that. the occupants up there with water that they can use in Mr. Speaker, I will repeat because the Hon- flushing and washing. Do you know what that is going ourable Member said earlier, Don’t ask a question to mean? They use less water and they are going to unless you know the answer. Well, what are you going have less bills, Mr. Speaker. to do with 40 to 60 families? What are you going to do So, you see, how are all of these things going with them? to get done without creating jobs, Mr. Speaker? Who is going to go up there to get all this work done? Harry An Hon. Member: There are 48. Potter? So, Mr. Speaker— Hon. Zane J. S. De Silva: Okay. Someone said just An Hon. Member: Harry Potter needs to be up there now just to put them in Grand Atlantic. Well, that to make this work. Grand Atlantic, those units are for sale, Mr. Speaker. House of Assembly 2196 25 May 2012 Official Hansard Report

Okay? So let us not say you are going to stick them in Hon. Zane J. S. De Silva: Mr. Speaker . . . Now, Grand Atlantic. That is not going to work. Mr. Speaker. when the Opposition are begging for you to sit down, Think about it for a moment. Where are you going to you know you are hitting home. put them? And how are you going to fix them up? You have asbestos abatement. I am sure the Honourable The Speaker: Yes. Thank you, Minister De Silva. Member, Mrs. Patricia Gordon-Pamplin, knows a little Any further speakers? bit about asbestos abatement. I recognise the Honourable Member, Mr. E. Richards, from Devonshire East, Shadow Minister of Mrs. Patricia J. Gordon-Pamplin: I know a lot about Finance. it. Mr. Richards has the floor.

Hon. Zane J. S. De Silva: Yes, you do. Yes, you do. I Mr. Everard T. (Bob) Richards: Thank you, Mr. know you do. And I know that you know, because I Speaker. Just a few words on this subject. have done work with your husband. We know what The fundamental truth here is that there are you can get into. You price an asbestos job; you make 52 extra units being proposed. You cannot get around prices for “X.” You start pulling that stuff apart, Mr. this. We have dozens, maybe even hundreds, I think, Speaker . . . and the Honourable Member will know of empty units in Bermuda. This proposal by Govern- this! I think she knows it anyway. You start pulling . . . ment is going to produce 52 units that they do not I have seen some asbestos jobs, Mr. Speaker. They need. In addition to that, I am informed that 11 of the start out at $10,000, and they end up at $100,000. current units are being occupied by tenants who es- sentially do not pay any rent at all. An Hon. Member: Government ones, yes! Hon. Zane J. S. De Silva: What is wrong with that? [Laughter] Mr. Everard T. (Bob) Richards: There is nothing Hon. Zane J. S. De Silva: No, not Government ones. wrong with that. It is just a fact. That is a fact— I will tell you where it was. It was HSBC, Bank of Ber- muda. Hon. Zane J. S. De Silva: We did not deny that.

An Hon. Member: Well, you tripled the price. Mr. Everard T. (Bob) Richards: I did not say you de- nied it, Member. [Inaudible interjections] Hon. Zane J. S. De Silva: So what is the point? Hon. Zane J. S. De Silva: Well, your husband did the work for me, so you tell— Mr. Everard T. (Bob) Richards: Here is the point. If you will wait and listen, maybe you will get to the [Inaudible interjections and general uproar] point.

Hon. Zane J. S. De Silva: Oh, no, no. No. But let me Hon. Zane J. S. De Silva: All right. Come on, Bobby. just say. Mr. Speaker, those are the— [Gavel] [Timer chimes] Mr. Everard T. (Bob) Richards: The point is this, you Hon. Zane J. S. De Silva: Cannot be time already! have people, Mr. Speaker, who cannot afford to pay You did not restart the clock, Mr. Speaker. these very modest rents who are being proposed to be put into new units whose rents, in some cases, will An Hon. Member: You are done. be double what the people who are paying rent, triple perhaps. So what incentive would that person have to An Hon. Member: That is the reality. move into these new units other than to live in a very nice new place for nothing, right? [Inaudible interjections] Which is fine, under the circumstances, I am sure these people are having this for nothing because Hon. Zane J. S. De Silva: No, it cannot be. I have they cannot afford it. But the point is that burden will only been talking about 10 minutes. go to the Government because it will go to Financial Assistance. [Inaudible interjections and general uproar] As I understand it, the way this thing is being financed is that the rent is going to . . . basically, the An Hon. Member: Time to sit down. cash flow from the rents is going to service the debt that is being raised to build these things. Right? So, it House of Assembly Official Hansard Report 25 May 2012 2197

was sort of just put as an aside that any shortfalls Hon. Zane J. S. De Silva: Mr. Speaker, certainly mis- would be picked up by the Government. Well, if you leading. Our point of order is, Mr. Speaker, that he is have— misleading the House and the public of Bermuda when he says there will be guaranteed serious short- Hon. Zane J. S. De Silva: Point of order, Mr. Speak- falls, Mr. Speaker. That is incorrect! That is non- er. factual.

The Speaker: What is your point of order? The Speaker: Thank you, Minister. Minister De Silva, what is your point of order? Mr. Everard T. (Bob) Richards: Mr. Speaker, that POINT OF ORDER honourable gentleman has said that some of these shortfalls will be financed by the sale of Boaz Island Hon. Zane J. S. De Silva: The Honourable Member units. Well, Mr. Speaker, we have hundreds of units in obviously has not done his homework, Mr. Speaker, this country that cannot be sold! We have brand new because when he said any shortfall is going to be units 300 yards from my house that cannot be sold, picked up by the Government, some of the shortfalls even though it is 100 per cent financed. This Honour- may. But what the Honourable Member has not done . able Member is trying to convince this House that this . . And I am going to school him up. If he would have is somehow going to be financed by the sale of Boaz read the article in the paper, if he would have listened Island apartments—those that were underwater in the to many of the public meetings as of recently— last Hurricane Fabian? Give me a break! Give me a break! [Inaudible interjections] [Inaudible interjections and general uproar] The Speaker: Point of order. Hon. Zane J. S. De Silva: I will just school you up in a Hon. Zane J. S. De Silva: Mr. Speaker, some of the minute. funding will . . . Some of the funding, Mr. Speaker, will be supplemented by the sale of units currently at Boaz [Gavel] Island that are up for sale. Mr. Everard T. (Bob) Richards: Now, let me just go The Speaker: Thank you, Minister De Silva. on a little bit here. Carry on, Mr. Richards. My honourable colleague made the state- ment—and I just want to reinforce—that this matter Mr. Everard T. (Bob) Richards: I must say, Mr. has not gone out to tender. Let me be a bit more spe- Speaker, it would be a month of Sundays before that cific. I asked the question, Who chose this US com- Member can school me up. I have to tell you. pany to provide these prefab units? How did that company get chosen? Was there some sort of tender Hon. Zane J. S. De Silva: I will school you up some process where everybody either in Bermuda or in the more before you are finished. United States could bid on this project and we know we got the lowest, most cost-effective price? Do we [Laughter] know that? Or was this company chosen because somebody knew somebody in this company? Mr. Everard T. (Bob) Richards: So there will be So when I say that this has not gone out to shortfalls on the cash flow. The Government is guar- tender, and my colleague says this has not gone out anteeing this. They are going to have to pick up that to tender, we are talking about the prefab company difference. So it was mentioned as though it was just itself! How did that get chosen? Did it just fall from the an aside. But the fact of the matter is, there will be sky? That is what the people of Bermuda need to huge shortfalls. All right? There will be huge shortfalls. know. So when we are talking about this thing going Because so many of these— out to tender, we are not just talking about fabricating, as my colleague said, a LEGO box in Bermuda. This Hon. Zane J. S. De Silva: Point of order, Mr. Speak- thing starts in some factory in the states. Who chose er! Point of order! You cannot make— that factory? How did they get chosen? That is the question here. The Speaker: Minister De Silva, what is your point of Now, there is some talk about stimulus, Mr. order? Speaker. My honourable friend made some comments about that these things will create jobs. There is no POINT OF ORDER question that even under the current model that the [Misleading] Government is proposing, some jobs will be created. Some jobs will be created. You have got to have House of Assembly 2198 25 May 2012 Official Hansard Report somebody to put the stuff up. I mean, you just cannot similar price, then much more of that value would re- deny that. The point here, though, is that if this were main here in Bermuda. put out to tender like it was supposed to, and some We have had other projects that have been local company— built for, I guess, fairly reasonable cost. Perhaps that could have been done here; I do not know. Maybe we Hon. Zane J. S. De Silva: Point of order, Mr. Speak- will never know. Here is the point. But if this whole er. Point of order! That is really a point of order! project, including the materials and all that sort of stuff, was put out to tender here in Bermuda, instead The Speaker: Minister De Silva, what is your point of of just the erection that is being put out to tender, then order? a lot more of that value would have accrued to the Bermuda economy. There would have been more POINT OF ORDER stimulative effective. Now, let us face it, Mr. Speaker. Any con- Hon. Zane J. S. De Silva: Mr. Speaker, I am going to struction project—any construction project in Bermuda refer the Honourable Member to the newspaper article always guarantees an outflow of funds from Bermuda, of today which clearly states . . . It is in the public do- because so much of the material is manufactured main. It clearly states, Mr. Speaker, that all the ten- overseas anyway. So that always happens. All right? ders for all this work will be put out in the next couple But on the margin, with this particular model, we are of weeks. So the Honourable Member is way off track. exporting more funds, more value, more potential stimulative effect, more jobs than you would have if The Speaker: Thank you, Minister. the entire project was done from stem to stern in Ber- Carry on. muda. That is the point that my honourable colleague was making that the Honourable Minister and Member Mr. Everard T. (Bob) Richards: The Honourable conveniently refuses to acknowledge. So I hope that Member does not learn. I just finished saying that the is clear to him. entire project, including the manufacturer of the mate- One more point, which is this: From our col- rials—that is the project. That was not put out to ten- leagues . . . I have to say, I have not personally can- der. And I am saying that if the whole project, includ- vassed tenants up there in Somerset, in Dockyard. ing the materials, was put out to tender they may have found that there was some local firm that could do this Hon. Zane J. S. De Silva: He has not either; do not thing at a similar price or maybe even a lower price. worry.

Hon. Zane J. S. De Silva: Why are you changing Mr. Everard T. (Bob) Richards: However, it is my your tactics? information that none of those tenants are really par- ticularly anxious to see their rents jump substantially. I [Inaudible interjections] mean, as they are supposed to be low-income hous- es, obviously, money is very, very precious to them. Mr. Everard T. (Bob) Richards: I am not changing. You know? They do not have much of it. They cannot That is what I said in the first place. afford much to pay rent. Many of them do not pay any rent at all. So these are folks that do not have a lot of Hon. Zane J. S. De Silva: You were talking about, money to spend. To see any increase whatsoever in why is the other work not put out to tender? their rent is a big problem to these folks. So when I hear— [Gavel] Hon. Zane J. S. De Silva: Point of order, Mr. Speak- The Speaker: Minister! er! Point of order!

Mr. Everard T. (Bob) Richards: That is what I said in The Speaker: Minister De Silva, what is your point of the first place. If the Honourable Member would just order? calm down and listen to logic, maybe he will learn something. POINT OF ORDER The point here is that I am addressing the issue of stimulus. Because if a local company did this, Hon. Zane J. S. De Silva: That is another non-factual there would be a lot more stimulating effect than if you statement! In the Minister’s Ministerial Statement this bring in all the materials prefabricated from the States! morning, he said that he had met with all—all— That was the point that my honourable colleague was tenants. And all the tenants, bar one, are excited and making. All right? There is a lot of value that is being happy about the current plans for those units and the exported to the United States, using this model—a lot rents that are going to be paid. of value. Now, if a local company could do it for a House of Assembly Official Hansard Report 25 May 2012 2199

The Speaker: Thank you, Minister. trying to match these tenants in empty rental units Carry on, Mr. Richards. around Bermuda? If they cannot afford the rents of those units, then the Government can pick up the tab. Mr. Everard T. (Bob) Richards: The only thing I can You do not have to build any buildings that way. It is a say to that is that our information categorically refutes simple solution. that. Now, that is the only thing we have to say on that. Hon. Michael Weeks: Mr. Speaker, another point of Now, just another supplementary point. information, if I may.

Hon. Michael Weeks: Point of information, Mr. The Speaker: Do you yield? Speaker. Mr. Everard T. (Bob) Richards: I am about to finish, [Gavel] Minister, so I am going to sit down in five seconds.

Hon. Michael Weeks: Just a point of information. The Speaker: All right. Hold it, Minister. Hold it, Minister. The Speaker: What is your point of information? Carry on. The Honourable Member, Mr. Weeks, has a point of information. Mr. Everard T. (Bob) Richards: Yes, he can have his time. He does not have to . . . POINT OF INFORMATION So, that is another solution to this problem with substandard housing that the Government does Hon. Michael Weeks: I met with the tenants on not seem to want to comment on. But there are other Thursday. I met with the tenants of Albert and Victoria solutions other than increasing the housing stock in a Row on Thursday. It was a very informal meeting. We country that already has surplus housing. showed them the plans. We allowed them to ask Thank you. questions. We had a very robust discussion. By all intents and purposes, 95–99 per cent of those there The Speaker: Thank you, Mr. Richards, the Honoura- were pleased with our project. ble Member from Devonshire East. I now recognise the Honourable Member, Mr. An Hon. Member: Who was there? H. Swan, from St. George’s West. Mr. Swan, you have the floor. Hon. Michael Weeks: All the tenants, all the tenants. Hon. Hubert (Kim) E. Swan: Yes, Mr. Speaker, thank An Hon. Member: Of Albert Row? you. Mr. Speaker, I felt it necessary to rise to my Hon. Michael Weeks: All the tenants of Albert— feet to address housing as it relates to low-income families. It is a subject that is near and dear to my The Speaker: Thank you. Thank you, Minister. heart. I just want to urge Members that we are talking Carry on, Mr. Richards. about families here. We are talking about people who are at the lower income, but they make a contribution Mr. Everard T. (Bob) Richards: Thank you, Mr. to Bermuda. They pay taxes and they raise their fami- Speaker. lies. The last time I checked, Mr. Speaker, social prob- As I said, a tangential point here is that with lems were, from my point of view, issue number one. these 52 new units that are being built, the Govern- In our Budget Reply two Members for the ment intends to sell these Boaz Island units to partially UBP still standing, Mr. Charlie Swan and I, started out offset the cost. But, of course, once they build 52 new with social issues because any economic gain in this units in the same general neighbourhood as the Boaz country will be for naught unless we can get a handle Island units it is going to devalue the value of the Bo- on our social problems. I remember sitting in another az Island units at the same time. It is simple econom- place with the current (he just got re-elected) Mayor of ics. You increase the supply; you reduce the price. It St. George’s, back in the early 2000s. [We said], if you is real simple. Even that Member can understand that. cannot house people, you are going to have problems All right? Even that Member can understand that. with people. People cannot afford to live, then that is So, Mr. Speaker, one last point here. When I the problem. talked about this a week ago, I have not heard the Mr. Pettingill started off today, and he raised response from the Government on this one simple some serious concerns. suggestion. We are talking about renovations versus new housing. We can talk about that. We can argue The Speaker: Yes, yes, the Honourable Member. about that. But what about the simple solution of just House of Assembly 2200 25 May 2012 Official Hansard Report

Hon. Hubert (Kim) E. Swan: The Honourable Mem- Well, I do not want us to make the mistake in ber, Mr. Pettingill, started off and he raised some con- this election season to be dangling a community. Let cerns. And I feel the Minister and the Government us agree that the best thing for Ireland Island is for the need to come back and address [those] in a compre- Ireland Island community to be kept intact. You know, hensive manner. I believe it is incumbent. He did a you have people that play football out of that commu- good job; he got my attention. But I feel duty bound to nity. You have people that enjoy the Glass Bottle get up and speak about low-income housing because Beach in that community. You have people that call I have had some experience defending some things themselves Ireland Island, Dockyard folk, whatever that in time you come to say, Well, shucks. It worked name they call themselves, just like there are people out a little better. I am going to use history, because that call themselves North Shore St. George’s folk, history is important. You do not want to make the back-of-town St. George’s folk, Slip Road Wellington same mistake twice. Hill folk. We are a country of diverse communities. One of the reasons why I was excited when We need to make sure that . . . If I was the this project was announced was because . . . and I Member of Parliament for Sandys North or the candi- prompted the Minister, both in statements on the Fa- date aspiring to be the candidate for Sandys North, I cebook media and others, to ensure that the residents would be fighting to keep that community intact. And I will be kept intact. Because that was, if anyone re- would use the basis of history to determine what is the members the Anchorage Road saga in the early best way and the best thing for those folks. I would not 2000s, I fought very hard for my good friends. Many of begrudge a person an upgraded nice facility just be- them do not live on Anchorage Road in St. George’s. cause they are at the lower-income spectrum. That is Some of them do not even live in St. George’s. So I the mistake we make all too often. And lower-income cannot accept the fact that you could take people and folk in a country are usually second-class and third- disrupt the communities. class folk. So I have to say to Government, in giving an Let me say this, Mr. Speaker, because I know assurance, I know that you can give charters and not some history. In the early 1990s when there was a keep to them. So I hope that it is a little bit more than recession I was of the school of thought, as were oth- a charter assurance that has been given today. That it ers, that when the recession created a void in the is an assurance that, blessedly, the people of the housing . . . not a void, but it created a lot of empty Dockyard, Ireland Island community, could put hand units, that all those units would be filled with persons over heart and say, That is going to be my community. who cannot find a home. It was not so! Because when Because as a West Ender boy growing up, I know the economy went back up landlords went for the best those persons. I used to play football against your buck. brother (the Honourable Member) when he went to When the economy turns for the better—and it Boaz Island. He just reminded me, before White Hill, will—who do you think the landlords, that are crying you were a Dockyard boy. right now, are going to go to? The Government of the day (whoever the Government is, Mr. Speaker) and [Inaudible interjections] the businesspeople are going to be calling the Minis- ter of Immigration looking for more people to come Hon. Hubert (Kim) E. Swan: But I do feel that the work in their businesses. They are going to be target- Government owes the House a more comprehensive ing those persons who are coming because no one explanation about the financing deal. comes into Bermuda without a place to stay. I also feel it is important to appreciate, be- You know what is going to happen? The same cause the units that are at Anchorage Road today . . . thing that happened in 1997 to 1998. There are Mem- I will say that the units that are at Anchorage Road bers of the Cabinet of the United Bermuda Party in today came as a consequence . . . not came as a this Chamber today from 1997, and they can put hand consequence, are opposite of what I was advocating over heart, I am sure, and know that I made a lot of for 10 years ago when I was telling the Government, noise and was as passionate now about the fact that Look! Let’s renovate those apartments, and the like. we were not building houses in the 1990s. We almost The only thing I fault the Government for is not keep- came to blows a couple of times with some folk whom ing the community intact. But today at Anchorage you had to convince that there were people out there Road there are better units than what I think . . . They hurting. were old naval barracks. It hurt us as a party by not building houses! It On the flip side of it, the Government renovat- hurt us. And the 100 homes that the Government is ed Sylvia Richardson [Care Facility], and renovated talking to . . . I have heard that before. Wayne Furbert an old building. I believe the cost went way beyond, used to say that a lot. way beyond, what was promised. But the facility is very nice, and people are very disappointed when The Speaker: Yes, the Honourable Member. they cannot get placed at Sylvia Richardson. So there are two sides of the coin. House of Assembly Official Hansard Report 25 May 2012 2201

Hon. Hubert (Kim) E. Swan: The Honourable Mem- end of the rung, Mr. Speaker, could not afford Bermu- ber (he is not here today) used to say it. So I hear da during the good times, cannot afford Bermuda dur- some things that I have heard before. But I cannot ing the tough times, and will not afford Bermuda when fault the Government for promising, because that is the times get good again. what governments do. Unless we look at them and their needs and Now, let me just put this in the context of what our responsibility to make provisions for their needs is real for Bermuda. When the economy was booming honestly, sincerely and meaningfully, they will be in in the year 2000, 2003, 2004, 2005, 2006, and the the same position. But guess what? They will be there Honourable Member, the Shadow Finance Minister with the knowledge that we knew better. I am not (then and now) was saying (and others) that you need ready for the eruption that could take place with them to put aside for a rainy day, the people who were PIP knowing that. Because the Bermuda that we are faced (Party in Power) who now might be supporting anoth- with today is expecting us to deal with the social prob- er political party, the people that were PIP were doing lems that are existing. very well in Bermuda. Okay? There was no concern Last time I checked, Mr. Speaker, we had un- for the lower-income folk in this country—no concern! precedented levels of murders in this country. We But let me remind persons, Mr. Speaker, because have had machete attacks. I am sorry, Mr. Speaker. I some of those same lower-income people I was always get a little passionate. speaking up for at that particular time as well. And let me remind folk—we had a housing problem when The Speaker: I know that, yes. Taking you down a Bermuda was doing very well. Thank you very much. little bit, just a little bit. Just a little. Remember? Right? Who could not afford Bermuda? When people were leaving . . . People did not Hon. Hubert (Kim) E. Swan: I am well-meaning in my start leaving Bermuda and going to the UK when the passion. recession came, you know. They were picking up and We have machete attacks. We have murders. leaving Bermuda because they could not afford the We have seniors that are afraid to . . . You cannot go Bermuda that was doing prosperous. Other people knock on a senior’s door at night, you know, Mr. were coming to Bermuda and enjoying Bermuda bet- Speaker. You have got to go see them in the day, be- ter than Bermudians. So if we care about Bermuda cause they are afraid! and we want a Bermuda for our children, we have got So, we have got to shift the focus in this coun- to be honest and look back honestly at our past—not try on the social needs. We have got prison officers, a long time ago, you know! I am talking short time men and women, mothers and fathers, afraid to go to ago, now! I am talking about 2003, 2004, 2005, 2006. work. Why, Mr. Speaker? They are afraid because the Bermudians could not afford. Bermudians! criminals that are there today, over the last six or sev- When a lot of Bermudians did very well in Bermuda en years, are there for murders, attempted murders, and a glass of house Chardonnay, Yellow Tail could assault. So you have got persons . . . So that is why in go for $15 a glass! Oh, yes! our Budget Reply we started off with the prisons, be- Mr. Speaker, that speaks to the two or more cause we have got to deal with our social problems, Bermudas that exist! The people of these communi- Mr. Speaker. ties, the lower-income people of this community are in In the words of the Worshipful Mayor of St. that, and some of them are lifers. But there is dignity George’s, housing attends to the most fundamental in your station of life if you can be happy with your needs. The Honourable Member, Mr. Hunt, always station of life. It is up to a government to provide a spoke of families. People used to snicker. But his par- good quality of life for all its citizens. It is incumbent ents are counsellors! He had been brought up on the upon a government to look after its people first! If our understanding of what family is. That is the heart of people, if our Bermudian people . . . And our Bermu- where we need to go to make this country. dian people are not just our Bermudian black people. If you want a vision for this country, it needs to All Bermudian people—black, white, young, old, rich, be a social vision of this country, because this country poor—whatever station of life. It is all of them! But a has always found a way to carve its niche out eco- lot of Bermudians of all persuasions fell into the cate- nomically. In the meantime, its people are falling be- gory in the mid-2000s that could not afford Bermuda. hind. As I said on the [Take Note] Motion . . . and I am Unless we look ahead and anticipate, you not reflecting on a motion, but when we were talking cannot . . . Look. I am a golfer by trade. If you do not about open spaces, Mr. Speaker, 13,000 acres. My think Bermuda is going to get successful someday, it Chelsea owner and a few of his friends could buy up will stay where it is and we will spin our wheels forev- every square inch of it in a heartbeat. That yacht they er. I am confident about the future. I know better days had that I saw sail into St. George’s . . . a few of those are ahead. Knowing better days are ahead for this boys could snap up Bermuda just like that! country, I know that we have got to make some provi- sions. For whom? For the people at the bottom end of [Inaudible interjections] the rung. Why? Because the persons at the bottom House of Assembly 2202 25 May 2012 Official Hansard Report

An Hon. Member: No, they could not. No, they could Hon. Zane J. S. De Silva: They would not go live up not. there.

Hon. Hubert (Kim) E. Swan: Well, they can get Hon. Walter M. Lister: But let me tell you. It just did enough of a consortium together to do so. not start this year. When we came to power, the Unit- The point I am making, Mr. Speaker, is this: ed Bermuda Party . . . The Mr. and Mrs. Bermuda, who have nowhere else to go, do not have that luxury to even buy one acre of [Inaudible interjections] it. But they will give every drop of blood to make sure that that tourist that comes here has enjoyed them- The Speaker: Well, now, let us stop the interpola- selves, and knows that they are good people. That is tions. Let the most senior Member of the Parliament where we need to focus on for this country, Mr. speak. Speaker. We need to put people first! Because I have every confidence that this country—this country can Hon. Walter M. Lister: Mr. Speaker, we made an ef- get itself back on a good footing economically. But I fort when we came to power. Housing . . . there were need to speak loudly on behalf of the thousands and two and three families living in one structure. They the huge percentage of Bermudians that do not feel forget that. They had not built but one stone on top of that they can participate in the economy when it is another for housing for the previous 13 years. Mr. doing its best, when it is doing its worst, Mr. Speaker. Speaker, they are envious because we are trying to Thank you. do it to help people and improve the quality of life right now. The Speaker: Thank you, Mr. Swan, the Honourable Member from St. George’s West. [Inaudible interjection] Any further speakers? No further speakers? I am going to take the Honourable Member, Hon. Walter M. Lister: Yes, but we built other hous- Mr. W. M. Lister, from Sandys South Central. es. This is not the only project. The Honourable Member, Mr. Lister, has the Why are you selecting this project? You have floor. criticised every project that we have done. This is not new. Hon. Walter M. Lister: Mr. Speaker, the lead speak- I, as Chairman of the West End Development ers have all started off with a statement. And mine is Corporation from day one, and I said it a week ago to that people who have a little bit of knowledge always . the people who were at the meeting. I said, This pro- . . can often be dangerous. A little bit of knowledge is ject is going to cause . . . We are going to have lots of usually dangerous. I have listened to this debate, and opposition because we are trying to help people. The it has proved to me that it is a very fitting scenario. lady who was trying to represent these people from Mr. Speaker, I have been the Chairman of the the OBA was sitting right down front. So I thought she West End Development Corporation (WEDCO) for a would have got things right and conveyed the mes- number of years. This project that we are doing now, sage of truth that we presented to the party. we did not start just yesterday. It has been going on During the part while we were there, Mr. for a number of years, both with the management and Speaker, I raised the question about the quality of life the staff of the West End Development Corporation. and moving people forward and people moving to the We have had challenges, and we have tried to ad- next house. One lady said she did not want to go. I dress them. said to her she did not have to go. But we are pre- Mr. Speaker, we have looked at the ideas that pared to raise the quality of life. Guess what? She I have heard espoused by the OBA, that we should was sitting right next to the lady from the OBA. So I redo these places. We have looked at that. Earlier this think the OBA must have some way they plan to help afternoon when I spoke in the previous debate, I said this lady. We are trying to help everybody. We are not that we have looked at that, and the decision was that selecting people to serve. We want to help everybody, if we tented these places they would fall down be- Mr. Speaker. cause the termites would no longer be able to hold it The quality of those houses, Mr. Speaker, re- together. That is true, Mr. Speaker. ally cannot be redone. In my experience over the Then, beyond that, Mr. Speaker, we are trying years, I have renovated. I have built houses and I to improve the quality of life for a group of Bermudi- have renovated houses. Oftentimes the renovation ans. The OBA are opposed to that. They have got to costs almost as much, or more sometimes, than a be! What are you opposed to? You do not want those brand new house. You have no idea what you are go- people who have been living in conditions which are ing to run into. not up to standard by many opinions—you do not want that. Hon. Zane J. S. De Silva: But they know that. They know that. House of Assembly Official Hansard Report 25 May 2012 2203

are criticising prefabricated houses. That is not new to Hon. Walter M. Lister: But they act like they do not. Bermuda! We have had prefabricated houses for over Last week I think Mr. Richards was saying that these 20–40 years in this country. What makes our prefabs houses— different from their prefabs, Mr. Speaker?

The Speaker: The Honourable Member. Hon. Zane J. S. De Silva: The difference is that ours are a lot better quality. Hon. Walter M. Lister: The Honourable Member, ex- cuse me,— Hon. Walter M. Lister: Well, I think you are right. The Minister says that ours are better quality. And they do The Speaker: Yes, yes. not like it. But, you know, let us not give these people Hon. Walter M. Lister: —and my cousin as well. [He] short shrift on this issue. Give them the best. Because says that these places, a unit would cost about those people are the ones who are going to actually $800,000. That is not true, absolutely no truth. And it come out and select who is going to go on from here. would take 50 years to pay. No truth in either state- Because, Mr. Speaker, we have invested in the hous- ment. So I took it upon myself to write the facts out in ing project to improve the quality of life for those peo- a statement and make it public. As a matter of fact, I ple who deserve to have their quality of life improved. gave one to the Royal Gazette, which they did not This is a project that we have worked on for a long print. I thought this would have been an ideal oppor- time. Believe me, anybody who tries to scuttle that to tunity to get the facts into the public domain so that keep people . . . statements which have no basis, like last week’s You know, the other thing, too, is that many statement, would be clarified and we would not hear people in the Opposition, like people in the Govern- this sort of question again today on the floor of the ment, we all have not been born with a silver spoon in House, which is not true. What we are trying to do is our mouth. We know what it is. Many of us know what start from a basis of facts. We have made it possible. it is to be in difficult conditions. So I do not know where this sinister sort of thing comes from, like “in secret” and all these crazy [Inaudible interjection] statements which are not true. You know what, Mr. Speaker? I believe the Opposition are trying to . . . Hon. Walter M. Lister: Hmm. It’s not funny when you well, they are trying to scuttle this idea because of talk about these things. People want to crack jokes political advantage. Mr. Speaker, you should never about it. But let me say this. I know, Mr. Speaker, and play with housing and social issues when it comes to I was thinking the other day, when I was a youngster politics. my father made about £26 a week, which was about $30–$40. Mr. Speaker, there were five of us children, [Inaudible interjections] and [with] my parents [there] were seven. When I calculated out, I guess I was brought Hon. Walter M. Lister: Mr. Speaker, I have been here up on a penny, or tuppence, a day. That is all I had. a long time, and I have seen it all. But this is like But when I hear that same statement applied to scraping the bottom of the barrel. We came here, Mr. someone overseas in another country, it befuddles my Speaker, with the conscience of trying to raise the mind. But it is true. The quality of my life . . . my par- quality of life of every Bermudian. This is one of the ents managed the one or two pennies that we had efforts. This is an effort. What the Opposition is trying well. They were strict disciplinarians. All of those fac- to do is scuttle it. I have no idea why they are trying to tors gave my life a special quality, in spite of the little do it. money that we had. Television—we never had one. Toasters—we never had one. I mean, things which [Inaudible interjection] people take for granted today, we just never had any. Mr. Speaker, I am here in spite of it. But you Hon. Walter M. Lister: They claim, Mr. Speaker, that see, I really get concerned when people try to stop they are trying to spell out facts. But they have not put other people from getting a rung up on the ladder. out any yet. They have not put out any facts yet, Mr. That is all we are asking. It is a really sad day in this Speaker. They have distorted everything that we have House when we can see a group of people in the Op- done. They have made an effort to distort. position making every effort to stop those people who But when I talked with the people of Dockyard need to have a lift up. All the party is doing is putting about a week or so ago, they were all excited, as the their hand back and helping them up. They are finding previous Minister spoke, Mr. De Silva. They were ex- 50 reasons why they could put their foot on the brake. cited. They are anticipating. As I said this afternoon when I spoke to the other motion that was on the floor, Dr. the Hon. E. Grant Gibbons: That is not true. is that we intend to . . . Well, let me say this first. They House of Assembly 2204 25 May 2012 Official Hansard Report

Hon. Walter M. Lister: They are finding 51, sorry. It is dress some of the positive sides of this issue? I have 51. Sorry. You are right, Dr. Gibbons, 51 or 60. That is heard some negativity, but this is just bordering on what the real life is about. If they are saying they . . . gutter, and I do not like it for the sake of the people of I could sit here now. My statement in the Bermuda. press now has all the facts that you need to know Most of us live in fairly comfortable homes; I about that place, and I am not going to list them one think we all do. Do you want others to do the same by the other because it is in the public domain. But thing, or do you not? That is the question. what they came with today is not in my statement be- cause it is not true. Connecting with this person, con- necting with that person . . . Well, has the United An Hon. Member: Good question! Bermuda Party/OBA ever had a partner? Why are partners so bad for us, but when you partnered with Hon. Walter M. Lister: That is the question. That is companies it was all right? where I am on the issue. I want people to live in a quality of life. [Inaudible interjection] Quality of life comes in different forms in that once they are in their unit they have to respect them- Hon. Walter M. Lister: Exactly. And many others. selves and their families. And if they do that, they will Being a partner, being an honest broker and a automatically respect their neighbour. These days, of partner, you have to work together. We intend, and we course, people live in much closer quarters than they are trying to work together for the quality of life for ever did. As a kid I lived in a house, and the next those people who need their life improved. I do not house was hundreds and hundreds of yards . . . quite know why . . . it befuddles me. The meeting we had a distance from mine. There was no contact except if last week was most encouraging. We had the maps you wanted contact. But living in apartments you are up, what we are going to do, how we are going to do much closer, and you have to respect your own quali- it. People asked for this; people asked for that. ty of life in your house, and you must respect the qual- Just let me add one little thing to the equation, ity of the neighbour if you are going to live in harmony. just one little thing then they can go get the rest. We That is not rocket science. That is just fair common intend to put a fridge and a stove in these kitchens sense. and make them complete. They did not ask about I think I am going to close now because I just that. That is not helping people, you know, what I think that it is denigrating to all of those people on the mean? They do not see it as helping people. But what West End to hear untrue criticism. How would you feel we are trying to do is we are trying to help people and living in a house and somebody talking about you the their quality of life. There are other things that we will way that you have talked about people tonight? put with these things, with the apartments. But the information is there if you want it. If you do not want it, [Inaudible interjection] you create what you like, see what you want. But years from now, this same thing will come Hon. Walter M. Lister: Well, the Opposition have back to haunt you badly, because those people that talked. That is it; they have talked, but they have not we are trying to help, you are trying to put the brakes listened. They have talked, Mr. Speaker, but they on. I am not going to go into all the details because, have not listened. That is just the point. That is right, as I said before, they are all there in my statements and non-factual at that in many cases. But let us see if and we are going forward with that. we can do everybody in Bermuda some good, not just Now, I did have a number of points there, but I the people on the West End. think the thing about it is that . . . I remember. Then I think I am going to conclude on that point the other point I just wanted to make is that the financ- because it is very deep to me, and I do not like the ing . . . of course, that is public. We tried a number of idea of seeing people on the West End, or any end for places for financing. We did go overseas, and we that matter, or in the middle, too, being unnecessarily thought we had a deal going and we did not. But you denigrated for no reason at all. Thank you. know for a fact you have to shop around for finances as well. But on top of these monies that we are hav- [Desk thumping] ing, we are also going to run a trench from the Boaz Island Village to the water treatment plant in Dockyard The Speaker: Thank you, Mr. Lister, the Honourable so that they can have the same connection. Member from Sandys South Central. And other things come with the quality of life, Any further speakers? [like] not putting sewage in the ground, but keeping it I recognise the Honourable Member, Mrs. into the water treatment plant, which preserves the Gordon-Pamplin, from Paget West. environment. All these things are environment friend- Mrs. Gordon-Pamplin has the floor. ly. The people and the houses will be upgraded, the environment will be upgraded. Why could you not ad- House of Assembly Official Hansard Report 25 May 2012 2205

Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. sorry I did not hear that. But I certainly am apprecia- Speaker. tive— Mr. Speaker, when Honourable Members such as the last one who took his seat make state- The Speaker: Let us not regurgitate that. ments that very clearly have not bothered to embrace the facts, both of what he has heard here this after- Mrs. Patricia J. Gordon-Pamplin: I am certainly ap- noon— preciative that you did that, Mr. Speaker. Mr. Speaker, what is interesting is the confu- Hon. Walter M. Lister: Point of order, Mr. Speaker. sion and the conflicts that we get in this Honourable House. The Honourable Member, Michael Scott, The Speaker: There is a point of order. stood and said that there are not going to be any new houses, that the $36 million, which the Honourable Mrs. Patricia J. Gordon-Pamplin: I haven’t said any- Member, Bob Richards, when he looked at it, said if thing yet! there are going to be 42 units (and it is going to cost $36 million) it is going to average out at $800,000 per The Speaker: Take your seat. house. Well, we have now been told, notwithstanding what the Honourable Member, Michael Scott, said, POINT OF ORDER that there will be in fact an additional 50-some units because the $36 million was going to be building 100 Hon. Walter M. Lister: I have embraced the facts. units, not just the replacement 42, as was initially ar- And if that Honourable Member thinks that I have not, ticulated. As a result of that, that would in fact have I feel very, very sorry for her [...]. channelled—

The Speaker: Well, if anyone should know the facts, I Hon. Michael Weeks: Mr. Speaker, a point of infor- believe the Chairman of WEDCO should. mation, please.

Hon. Walter M. Lister: I ask her not to do that. The Speaker: Do you yield for a point of information?

Mrs. Patricia J. Gordon-Pamplin: Mr. Speaker, I was Hon. Michael Weeks: Thank you. referring to his reference to the comments that have been made by this side, not with reference to the ac- The Speaker: The Honourable Member has yielded. tual project. That is when I said he chooses not to Minister Weeks? embrace the facts. POINT OF INFORMATION The Speaker: Oh, oh. Fair enough, fair enough. Hon. Michael Weeks: Thank you, Mr. Speaker. Mrs. Patricia J. Gordon-Pamplin: The unfortunate I just want a point of information. I have made thing is, in our instance—in my instance, in particu- two statements to this Honourable House on the 100 lar—I have had to go to the newspaper because the homes that would be up at WEDCO. My first 1State- Honourable Member, Mr. De Silva, said, Go to the ment two weeks ago clearly stated that there will be newspaper and you can find out what is going on. So I 100 homes, and for $36 million. have taken the opportunity to go to the newspaper. Clearly, the Honourable Member was not pre- The Speaker: Thank you, Minister Weeks. pared to be as detailed with this Honourable House as I see here today in the article that was in the paper. Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. But let me just say that the statement that was put Speaker. forth by the Minister this morning indicating that the Opposition are obviously not interested in improving The Speaker: Carry on, Mrs. Gordon-Pamplin. the quality of life of people at the West End, I think there is nothing more mischievous and nothing more Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. untrue than that statement. Speaker. Mr. Speaker, as we said, the Honourable The Speaker: Well, I do not think we need to regurgi- Member, Mr. Scott, when he stood, said there would tate that, because I told the Minister it should not have be no additional units to the 42 that were there. been in there in the first place this morning. Hence, when the Honourable Member, Mr. Pettingill—

Mrs. Patricia J. Gordon-Pamplin: Okay. Then I ap- preciate that ruling, Mr. Speaker. Unfortunately, I am 1 “WEDCO Housing Project”—Official Hansard Re- port, 11 May 2012, page 2001 House of Assembly 2206 25 May 2012 Official Hansard Report

Hon. Michael J. Scott: I never did. But a point of or- Government, Mr. Speaker. We know how little con- der. I never did. cern there has been historically for a stated price and an end price. We hear things that the final product is The Speaker: What is the point of order? always going to have cost overruns. Yes, there prob- ably will be cost overruns. Every project does go over. Mrs. Patricia J. Gordon-Pamplin: That is what you But do we always get one for the price of two? Not said! necessarily. So we want to ensure that when this project The Speaker: Take your seat. Take your seat! comes on line, Mr. Speaker, that it has been for the best possible price, that it has been effectively costed, Hon. Michael J. Scott: You are misleading the and that there has been good value for money. That is House, and you are not representing— the only concern of this side of this Government. It has nothing to do . . . We want to see our people, all The Speaker: Minister, what is your point of order? of our people being housed in appropriate conditions. Nothing could be further from the truth when Members POINT OF ORDER on that side stand there with their total blatant untruths [Misleading] and suggest otherwise. Hon. Michael J. Scott: That the Honourable Member Mr. Speaker, we have heard that there have is misleading my statement and misrepresenting the been prefab houses before now, and why is it that the facts. prefab houses before were any different than the Government electing to do prefab houses now? All I Mrs. Patricia J. Gordon-Pamplin: Mr. Speaker, I am am saying is, have we looked at whatever? Have we only going by what the Honourable Member said. If put out an open tender for the fabrication of the panels his memory is short, mine is not. I made a note as he that will be (for the want of a better word) the LEGO said it, that there were going to be just the 42 units. panels that will be clipped together to make these Then when the Honourable Member, Honourable and houses? Do we know that the provider that has been Learned Member, Mr. Pettingill challenged it, he said, chosen is the best possible one? Because— Oh, yes, there would be 100 units. So we got the number of 100; hence, the math came down to [Inaudible interjection] $360,000 per unit. We understand that. Now, the Government was suggesting for a Mrs. Patricia J. Gordon-Pamplin: The Honourable second that we do not wish for the people of the West Member is saying they shopped around. End to be housed in proper and pristine environment. Did they put it out to open tender? is the ques- That is not true. We want to see, not just the commu- tion. nity kept together to every extent possible, but we Because when you pick up a catalogue and want to ensure that the people who are living in these you look in it, Mr. Speaker, and you see that Company units, Mr. Speaker, have the best of the best, given “A” is charging you $100 for a particular product, and what they can afford and what the Government is able according to the catalogue that might be their price. to put on that particular site. We get that. But if you put it out to tender, you might actually find But, you know, Mr. Speaker, you can forgive that they can come in at $80 or somewhere less than us if we appear to be a little sceptical when we look at what they are advertising. So that is the reason for the a price of $36 million. Let me not always bring it back question, Have you put it out to tender? to dollars and cents; but let me just say that the very Now, the Honourable Member said we will get first project that this Government started to put up was some tenders. The Honourable Member, Mr. Scott, at Perryville in Warwick. That Perryville development said we will get some tenders coming shortly. But he came in at $465 a square foot at a time when con- also indicated that this project is meant to be finished struction was running around $280 a square foot. So in 18 months time. So, between now and the next 18 we had that situation in which we looked at the money months we are going to get all the tenders that are and thought we were getting one for the price of two! necessary for, as we heard, the cabling, the cabinets, That is the MO of this Government with virtually every the trenching, the electrical, the plumbing, the every- capital project that they have undertaken. Hence, we thing, the demolition, the asbestos abatement, the are concerned! sewage lines, the whole nine yards. We are going to As a result of that concern, it is just not . . . It get the tenders. We are going to put it out to tender. makes good common sense for us to say to the Gov- We are going to evaluate the tenders. We are going to ernment, Can you let us know if you have obtained accept the best, most cost-efficient tender, and we are any comparative, quantitative costs with respect to going to start the project. And within this 18-month this particular development? When we ask, Did it go period of time we are going to get 100 houses being out to tender?, it is not just because we wish to be rebuilt as a result. mischievous. It is just that we know the record of the House of Assembly Official Hansard Report 25 May 2012 2207

Now, the question that we have is, Are we So it is one thing to say, Let WEDCO handle getting the best bang for the buck? Yes, I will say that it. But if WEDCO comes in with the same sort of cost when the Honourable Member indicates the various factors that obtained when we had the Perryville de- types of goods and services that are required to be velopment, then we have to question. I do not believe able to marry the infrastructure with the intended de- that the Government would want to put themselves in velopment, yes, there will be a certain amount of pro- a position in which they go off and do whatever it is vision of jobs. But the question begs, For what period that they can do without any level of accountability, of time? How sustainable? Let us not go to the public without us asking, because then they would come and say, We’ve got all these jobs coming on line be- back and say, You guys did not even bother to ask cause we are going to build these 100 houses. They why we did not get good value for money. And that just happen to . . . the light of day has come recently. really makes no sense. I would like to know, how much did we budget One of the challenges that we constantly, per- for this to ensure that WEDCO were going to be able sistently and consistently hear, and that basically says to have the money with which they have to . . . they to me that there is somebody who does not under- are going to have guarantees. They are going to have stand basic economics and the principles of the laws guarantees from the Bank of Butterfield? of supply and demand, is when we hear that houses were not built in the mid- to late-1990s. No, they were [Inaudible interjections] not! But you will understand, Mr. Speaker, that when the Baselands pulled out in the early 1990s—1989, Mrs. Patricia J. Gordon-Pamplin: There is nothing in 1990, 1991, the bases were pulling out—there was a the budget to support that. glut of houses that were being brought back onto the So what we are saying is that it is going to be market as a result of the base personnel pulling out. from the sale of houses at Dockyard. We are going to So, had a government built and pushed a whole lot help to ameliorate the costs of the capital outlay that is more houses on the market, it would have done exact- going to be required in order to build these houses. ly what is happening today. Now, I do not know which real estate envi- This Government, because they looked back ronment exists in Dockyard. But whichever one it is, it and said, The UBP Government in 1993 to 1998 (or is significantly different from that which obtains any- the last 1990 to 1998) built no houses, so we are go- where else in the Island. Because the real estate mar- ing to build houses. Well, the difference is that when ket, in case the Honourable Member does not know . . the process was evaluated at that point in time, it was . I do not know how many houses he has been able to determined, Mr. Speaker, that a glut of houses would sell in the last little while. He may be able to enlighten serve to undermine the ability of landlords to rent their us. Maybe there is a robust market for real estate houses and to have the revenue to pay their mortgag- sales in the Dockyard that does not exist anywhere es. That is exactly what is happening today. else in Bermuda. I am hoping that that must be the The PLP Government has flooded this market case! with all kinds of houses. They are saying, You know, And I am hoping that that is the case, be- we want to build some more, 100 more up here. We cause the Honourable Member says he is relying on have got 100 and . . . however many the number is. this revenue coming from the sale of these units— And I do not know exactly what the number is at the these superfluous units at Dockyard—to be able to moment at Grand Atlantic. But there are a ton of help out with the financing of this new project. So I am houses there, apparently five of which have been just hoping, you know—and this is as supportive as I sold. I think the number that I heard was that five had know how to be—that there are significant sales going been sold, but there is a ton there. What that has on so that the money is flowing in, because, clearly, done, if anybody has spoken to any real estate agent the Government does not have any. or any person who has a mortgage who now is having WEDCO will be able to get the financing their homes evaluated for the cost, they know that the through the Bank of Butterfield, as we have heard. But cost is nowhere close to what they paid for it. there is a significant overseas component in this entire A significant number of people needed mort- process. We want to just ensure that the costing has gages in order to be able to finance the houses that been done in such a way that the public, the taxpayer they bought, and now they find that the house that of Bermuda . . . You know, we have WEDCO as a they have purchased is worth less than the mortgage quango of Government. But truth be told, Mr. Speak- that they owe on it. When that has happened so many er, it is all one pot of money. If WEDCO totally ran out, times in the United States, Mr. Speaker . . . It has the Government is going to have to bolster them up. happened a lot in the United States. But you say to We are going to have to—the taxpayer is going to somebody that you have put your last dime, and just have to—find the money to ensure that WEDCO does say, Tough turkey! We are still putting more houses not go down as an entity. So we are pretty sure about on the market and we are going to flood them some that, Mr. Speaker. more, and you just get over it and the fact that you cannot meet your mortgage! House of Assembly 2208 25 May 2012 Official Hansard Report

Mr. Speaker, we also have to recognise that We have been working on this project for with our international business shrinking and the more than 24 months. So it is no risk that we just number of people who have been the mass exodus come up because it is election time. It is a lot of work that we have had, which has also left a lot of units that that has gone into the project, and I hate seeing it are already built empty, which people are unable to pooh-poohed on the floor of this House. That is my rent, Mr. Speaker. These people, who need the reve- concern. nue, some of them to eat, some of them to educate their children, some of them just to pay the bill . . . Mr. The Speaker: Thank you, Mr. Lister, the Honourable Speaker, when you have that situation, and there is Member from Sandys South. just—Put some more houses on the market! It’s okay! Carry on, Mrs. Gordon-Pamplin. It’s no problem! Let’s keep it going! . . . at what point in time is there any consideration for the demand? At Mrs. Patricia J. Gordon-Pamplin: Thank you, Mr. what point do we consider that there is that break- Speaker. even point beyond which we ought not to go in order Mr. Speaker, I will accept the fact that, if it has to ensure that people who have houses are not going been two years in the making, I will accept that. The to be left wanting? Honourable Member has the details. He has not Mr. Speaker, nobody wants to think that their brought all of it to the Honourable House of Assembly. most significant investment has lost significant value Therefore, I apologise. If I am ever wrong, you can be because of Government policy. assured I will always apologise. However, with that said, Mr. Speaker, it still The Speaker: It has depreciated. does not detract from the record. It does not detract from our requirement to hold the Government’s feet to Mrs. Patricia J. Gordon-Pamplin: It is not even just the fire for any capital project that they undertake. And depreciation of the house. You can take a deprecia- it does not detract from the fact, Mr. Speaker, that the tion based on the fact that you have had houses from record thus far has not been good. If we are looking an accounting perspective that you write them off over closely at how contracts are given . . . We have seen 50 years. So, you know, you write off 2 per cent on that the Honourable and Learned Premier and Fi- the value every year, and in 50 years you have got to nance Minister has a new procurement process that replace it. That is the kind of general accounting pro- has been part and parcel of this new good govern- cedures that we apply to depreciation of houses, of ance legislation that we have seen. We have had a buildings. department established for that on a governmental But, Mr. Speaker, I can tell you that it is not basis. just a normal depreciation in terms of, you know, you I want to make sure that the same rules and are going to have to replace the electrical after a cer- regulations that apply to the general country are the tain period of time, you have got to replace the plumb- same ones that are employed by the WEDCO, as well ing after a certain period of time. This is basically say- as by BLDC and the things that they do. Because, Mr. ing that your brand new house is worthless because Speaker, it is very important that we hold the Gov- the Government has elected to flood the market. ernment accountable. Historically . . . you will note, Why? Not because they appear to have evaluated the Mr. Speaker, in today’s newspaper we have the Audi- necessity therefor. It seems as though they have just tor General saying, There is no accountability! Nobody decided that some other Government did not build follows financial instructions! Well, these are the kinds houses, it is getting close to election time, we had bet- of things that we wish to guard against. We would be ter build some and show that we are doing something. derelict in our responsibility if we failed to ask the hard That is not the way to go about it. We expect an intel- and pertinent questions. ligent evaluation of the requirements, the needs, and The hard and pertinent questions must begin that apparently is not what I see being done. with, How much are we spending on this project? Have we gotten the best bang for the buck? Is the Hon. Walter M. Lister: Point of order, Mr. Speaker. tender process going to be undermined because Point of order, Mr. Speaker. somebody has already made a decision? According to the Ministerial Statement, a company is in place, pre- The Speaker: There is a point of order. fab is in place. We know how it is going to go. They Mr. Lister, what is your point of order, Mr. W. may be the strongest thing since Fort Knox. That is M. Lister? not the issue. The issue is, would “Company XYZ” have POINT OF ORDER been able to provide those prefabs at 60 per cent or [Misleading] 70 per cent or 80 per cent of the price? Hence, the money that we are putting out, from a country’s per- Hon. Walter M. Lister: There is absolutely no truth in spective, is better spent and better accounted for. the statement that the Honourable Member just made. That is the issue. It has absolutely nothing to do with, House of Assembly Official Hansard Report 25 May 2012 2209 as the Government would have it, that people on this present’s Government’s start of governance, there side have zero concern about the quality of life of were some houses on the Baselands not even 10 Bermudians. That is absolutely poppycock, and I will years old when the base personnel left Bermuda. That not sit and permit Members of the Government to cast Government went down and put holes in every roof! such aspersions on this side of the House of Assem- When we needed housing at that time—we needed bly. housing, because that Government had not built any Thank you, Mr. Speaker. houses for some years, 13 years.

[Desk thumping] Dr. the Hon. E. Grant Gibbons: Mr. Speaker, Mr. Speaker, point of order. The Speaker: Thank you, Mrs. Gordon-Pamplin. Any further speakers? The Speaker: Dr. Gibbons, what is your point of or- I now recognise the Honourable Member, der? Minister D. Burgess, from Hamilton East. Minister Burgess, you have the floor. POINT OF ORDER Hon. Derrick V. Burgess, Sr.: Thank you, Mr. [Misleading] Speaker. Mr. Speaker, first I would like to congratulate Dr. the Hon. E. Grant Gibbons: The Honourable the Manager of WEDCO, Andrew Dias, and the Member knows full well that he is misleading the Board, because it was they who went out, as is part of House. That property was okay for US military stand- the job, to look for investors, developers of Dockyard. ards. It was not okay by Bermuda Planning and build- They went out, and they brought some developers in ing standards. It had asbestos in it. They had to evac- that want to develop a marina. They came to me. I uate it every time the winds went over about 50 knots. said, Okay. I will listen to the proposal. I said, Well, I The Honourable Member knows that we could not, in need some housing out there. We have Albert Row good conscience, have put Bermudians in there. and other areas up there that are deplorable, deplora- Thank you, Mr. Speaker. ble. We would not want anybody to live . . . none of us up here would want to live in there, right? I said, You The Speaker: Thank you, Dr. Gibbons. give me some houses first. Then we can talk about Carry on, Minister Burgess. the marina. They came back, and we started talking about the marina after the housing. I said, Well, the [Inaudible interjections] houses must be built first. They are carrying that out, Mr. Speaker. I Hon. Derrick V. Burgess, Sr.: Mr. Speaker, those brought a paper to this House. All of this was ex- houses— plained in this House, what the rents were going to be. We have had numerous meetings, public meetings Dr. the Hon. E. Grant Gibbons: They were knocked with the residents out there. Mr. Speaker, the Honour- down. able Member, Kim Swan, got it right. That community out there does not want to move anywhere else. It is Hon. Derrick V. Burgess, Sr.: No. We had to knock okay to say, We will put them here; put them there. them down because you destroyed them. So we had No! They do not want to move out. The Honourable to finish it, right? Member, Kim Swan, was on the money when he said that. They do not want to move out. Dr. the Hon. E. Grant Gibbons: They were knocked We had the meetings. They were all satisfied down. with what we can do. Our delegation led by the Hon- ourable Minister, Michael Scott, went overseas, saw Hon. Derrick V. Burgess, Sr.: Mr. Speaker, that is the material that they are going to build these houses not so. What that Honourable Member is saying is not out of—first-class. The Honourable Member, the true. Mr. Speaker, we have wooden houses in Ber- Chairman, I think he was in that party. They went. muda less sound that those houses that the Ameri- They saw it. This is not the first time that a govern- cans put there. And they are still standing. Do you ment has gone into partnership or had a relationship think that the Navy would put up houses that are not with some developers to do prefab. They have done it safe for their personnel? in St. George’s. The first prefabs were done in Pro- spect. I think it was in 1973. They are still there. So, it Dr. the Hon. E. Grant Gibbons: Yes! Yes! is quality. Mr. Speaker, it seems like everything that this Hon. Derrick V. Burgess, Sr.: No, they will not do Government does . . . and I know it is the duty of the that. And they did not do that, Mr. Speaker. others on the other side to hold us accountable. But they criticise, criticise, criticise. In 1997/98, pre the House of Assembly 2210 25 May 2012 Official Hansard Report

Dr. the Hon. E. Grant Gibbons: Point of order, Mr. ject until the Pro-Active [Management Systems] were Speaker. fired. Let me say this, Mr. Speaker. When Pro-Active were fired, 83 per cent of Berkeley was complete for The Speaker: Dr. Gibbons, what is your point of or- $51 million of a $68 million project. Then they had an- der? other contractor come in.

POINT OF ORDER Dr. the Hon. E. Grant Gibbons: “They”—it was your Government. Dr. the Hon. E. Grant Gibbons: The Honourable Member may not remember this, but there was actual- Hon. Derrick V. Burgess, Sr.: That is right. Anoth- ly quite an issue, a scandalous issue, about that hous- er— ing with respect to the Navy and some of the con- struction that was done down there, going back. It [Inaudible interjections] may have been before that Honourable Member’s time. But the Navy got into issues about the quality of Hon. Derrick V. Burgess, Sr.: Another contractor that construction and other construction on some of came in. those base properties. [Inaudible interjections] The Speaker: Minister Burgess, you may continue. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I cannot Hon. Derrick V. Burgess, Sr.: Mr. Speaker, when we talk over them. When they finish, I will continue. talk about the cost of these houses, the Honourable Minister, Michael Weeks, put in his Statement very [Gavel] clear, but I do not think they really understand it. To renovate the properties up there right now would cost Hon. Derrick V. Burgess, Sr.: Another contractor you about $20 million. That is unknown, but a mini- came in—one of their supporters—spent $60 million mum of $20 million. Because when you are renovating to complete 17 per cent of the school. Not one word you never know what you are going to find. It probably from the press or them on the other side—$60 million! could end up costing $30 million. That was about 42 apartments up there. We can get 100 for $36 million. Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of Also, that $36 million includes, as has been order. said before (but I have got to repeat it), trenching from way out there (what do you call it?) at Boaz Island to The Speaker: Dr. Gibbons, what is your point of or- the sewage plant, the new sewage plant near the der? prison. Let me say this here, Mr. Speaker. Again, I want to congratulate Andrew Dias on the sewage POINT OF ORDER plant, because when he put that out for the public for [Misleading] developers to come in and build that sewage plant, some prices came back. He says, Oh man, that is a Dr. the Hon. E. Grant Gibbons: The Honourable lot of money. He took over the management of that Member is misleading the House. That is absolute himself. nonsense. This side of the House was criticising that project all the way through from the $72 million that [Inaudible interjection] his Government said it would cost up to the $130 mil- lion it came in at. Thank you, Mr. Speaker. Hon. Derrick V. Burgess, Sr.: Right, $20 million—he took that over himself with the Board headed by the The Speaker: Thank you, Dr. Gibbons. Honourable Member, Walter Lister, and they saved Carry on, Minister. about $3 million. Three million dollars they saved by him managing it himself, right? Hon. Derrick V. Burgess, Sr.: He has that wrong Now I understand the Auditor wants to go up because it came in at $111 million. and audit it. That is fine. That is her duty. [Inaudible interjection] [Inaudible interjection] Hon. Derrick V. Burgess, Sr.: Okay. That is even Hon. Derrick V. Burgess, Sr.: Yes. They want to au- worse. dit it. Mr. Speaker, $51 million to complete 83 per Mr. Speaker, one thing that is ironic is that cent of the project—no audit, no special audit called they stay quiet on certain projects. They do not criti- on that, not one. But they want to audit everything cise certain projects. They criticised the Berkeley pro- else. If they thought that anybody— House of Assembly Official Hansard Report 25 May 2012 2211

An Hon. Member: What do you mean “we”? Dr. the Hon. E. Grant Gibbons: Point of order, Mr. Speaker. Point of order. Hon. Derrick V. Burgess, Sr.: Not a word said. When we picked their supporters, not a word is said. It is POINT OF ORDER okay. It is okay. That is right. [Misleading] [Inaudible interjections] Dr. the Hon. E. Grant Gibbons: The Honourable Member is misleading the House again. There was an Hon. Derrick V. Burgess, Sr.: That is right. audit by the Auditor General, a special audit on Berke- ley. I remember it distinctly. An Hon. Member: Who are our supporters?

The Speaker: Thank you. [Inaudible interjection] Carry on, Minister. [Inaudible interjections] An Hon. Member: It was not Pro-Active.

Dr. the Hon. E. Grant Gibbons: It was all okay. Hon. Derrick V. Burgess, Sr.: You know who your supporters are. Hon. Derrick V. Burgess, Sr.: Yes, it was all okay. So, Mr. Speaker, these guys have got to be When they audited it, as the Honourable Member careful when they get up and start criticising, because says, when they did, it was all okay. Nothing wrong. It they only see one side of the story, as always—as was okay to spend $60-plus million to finish 17 per always! As long as . . . Again, let me repeat, because cent of the school. It was all okay, Grant, thank you. they do not understand, right? When you hire contrac- You are so kind. tors that support their party, it is all right. But if you hire a contractor that they think supports this party, it [Inaudible interjection] is not all right. It is not all right. So, Mr. Speaker, let me say this here. That Hon. Derrick V. Burgess, Sr.: I remember very well, project at Dockyard, that did not just start. That is very well. about three years in the making—three years in the making. The Honourable Walter Lister told you that. It The Speaker: Honourable Member. is no election ploy. You know what ploy it is? It is try- ing to get some comfort for those people. If you talk to [Inaudible interjection and crosstalk] any of them and they tell you the conditions of those places up there, they will understand. Hon. Derrick V. Burgess, Sr.: But if that company Mr. Speaker, let me say with this new marina . that went up there to finish that school . . . it was . . when this new marina gets in place, that is another thought they had any connections with this party. Oh, industry for Bermuda. Right? it would have been terrible. It would have been terri- ble, Mr. Speaker. That is right. They would have . . . An Hon. Member: Another financial stream. oh, they would have still been crying. Hon. Derrick V. Burgess, Sr.: Right. Another finan- [Inaudible interjection] cial stream, as my honourable colleague said. It is true. Hon. Derrick V. Burgess, Sr.: You are right. So long Not only that, jobs for our folks, our people, as we hire . . . that is right, we hired them. So long as because when you bring those ships in to get refitted we hire their supporters, right? and whatever has got to be done, there is a marina up Let me give you another one, Mr. Speaker. there, there is some work for our folks. We are going Urgent Care Centre was built and— to reclaim some land up there. We need it. We need to reclaim much more land in Bermuda. We need to [Inaudible interjections] reclaim land. That is what is going to happen. As we said in our Statement when we came An Hon. Member: It was Harry Potter history. here before, the Marine and Ports can move up there, keep them all in one area. That is what is going to [Gavel] happen, Mr. Speaker. Right now some down here, some there and everywhere else, right? It is going to Hon. Derrick V. Burgess, Sr.: They built that, right? move all up there, a wonderful development up in When we picked their supporters, it is okay. No audit, Dockyard. not a word said. Mr. Speaker, let me say this here. I think the West End Development Corporation, under the lead- House of Assembly 2212 25 May 2012 Official Hansard Report ership of the manager Andrew Dias, and in particular, POINT OF ORDER the Chairman of the Board, Walter Lister— [Misleading]

The Speaker: The Honourable Member, here. Yes. Hon. Zane J. S. De Silva: Mr. Speaker, the Honoura- ble Member not only is misleading the House, but I Hon. Derrick V. Burgess, Sr.: —the Honourable think that the Honourable Member should withdraw Member is doing a great job. You know, at one time that statement. To say that the Minister of Business Dockyard was dead. Nobody wanted to go out there. Development and Tourism is away singing, I think that should be withdrawn, Mr. Speaker. The Honourable An Hon. Member: It was called the ugly duckling. Member is away trying his darnedest. As the Mem- bers opposite are always encouraging us to try and Hon. Derrick V. Burgess, Sr.: Go up there now. Go get our tourism back up to speed, Mr. Speaker, that is up there now, Mr. Speaker. I am so proud to go up a pretty poor comment in the absence of the Minister, there and see how that place has been developed. in particular. And it is not finished. It is not finished. It is not fin- ished. So that management team up there, they are The Speaker: Thank you, Minister. I do uphold your moving. They are working to make Dockyard the best point of order. I know he said it in jest, but . . . it can be. Thank you, Mr. Speaker. Mr. Shawn G. Crockwell: Well, Mr. Speaker, I actual- ly know the Minister very well, and he tends to sing The Speaker: Thank you, Minister Burgess. wherever he goes. I can recall he sang in London Any further speakers? when he first became the Minister. That went viral on I now recognise the Honourable and Learned YouTube, Mr. Speaker. Member, Mr. S. Crockwell, from Pembroke West. Mr. Crockwell, you have the floor. [Inaudible interjections]

CONSTRUCTION OF ST. REGIS HOTEL [Gavel]

Mr. Shawn G. Crockwell: Thank you, Mr. Speaker. The Speaker: We just cannot have these barbs Mr. Speaker, I will change the subject. I know across the Floor like that. We ought to be able to do a we have been discussing this last matter for some little better than that! time, Mr. Speaker, but I would like to change the sub- ject and highlight another issue that I would like to [Gavel] canvass with you. It involves, Mr. Speaker, the Minis- ter for Business Development and Tourism, and I cer- The Speaker: Carry on, the Honourable and Learned tainly would prefer if the Minister was here. Member, Mr. Crockwell.

[Inaudible interjections] Mr. Shawn G. Crockwell: Thank you, Mr. Speaker. Mr. Speaker, you will recall on Tuesday, the Mr. Shawn G. Crockwell: The Honourable Deputy 15th of May of this year, there was a press conference Premier said he will be here next week, but unfortu- where the Minister for Business Development and nately, we are not sitting next week, Mr. Speaker. It Tourism announced that the construction—and I em- seems to become a rarity nowadays that the Minister phasise the word construction—of the St. Regis Hotel of Tourism is not in the House, as he is overseas on will generate 600 jobs for Bermuda. He did have a his singing tour. caveat on that very bold announcement, Mr. Speaker, by clarifying that there is no date as yet to be given in [Laughter] terms of when there would be any actual ground- breaking on that proposed resort. Mr. Shawn G. Crockwell: So I feel incumbent that I The Minister also announced that the signing need to raise this issue today. of an agreement between the St. Regis hotel devel- Mr. Speaker, you will recall— opers and the international financial group responsible for advancing the monies needed for the construction Hon. Zane J. S. De Silva: Point of order, Mr. Speak- of the new luxury property hotel had actually been er. done, that that agreement is in place, that the financ- ing is secured for this project. The Speaker: What is your point of order, Minister De Now, Mr. Speaker, there have been certain Silva? suggestions that some of these promises that we are hearing in this particular year are specific for what we know to be a looming election. Certainly, I do not have House of Assembly Official Hansard Report 25 May 2012 2213 any evidence to impugn or suggest that the an- stated that this particular project will create 600 jobs. nouncement by the Honourable Minister does not What a wonderful, wonderful announcement for the have merit. But certainly it raises more questions, Mr. people of this country who have lost so many jobs. Speaker, than it does provide any comfort that this The Minister has said that the agreement with the fi- project is actually going to come to fruition. nancier has been signed and the monies are secure. If we were to look at the history of this particu- So, why can’t the Minister disclose who this interna- lar project in isolation—and not all the other projects tional financial group is, Mr. Speaker? Would that not that we have heard over the years from this Govern- provide great comfort to this House, great comfort for ment as it relates to hotel development, which was the people of this country if we knew exactly who this coming, and groundbreaking was to take place and international financial group is, Mr. Speaker? So we nothing has ever happened . . . but on this particular ask the question. project the history is such, Mr. Speaker, that in 2007 Then it will be a nice follow-up question to we had the first announcement that there was going to ask, What is the track record of this financial group? be a development on this proposed site of Par-la-Ville Park. At that time the hotel brand associated with the An Hon. Member: Don’t ask the question if you don’t development was the Ritz-Carlton Hotel. And that fell want the answer! through. In fact, it was announced that the hotel would be open in 2013. We know that that is certainly not Mr. Shawn G. Crockwell: Well, we want to know the going to happen. answer, and the country deserves to know the an- Mr. Speaker, this particular project has been swer. wrought with all sorts of difficulties. We have seen What is the track record of this financial writs filed because there has been a complete lack of group? Because, Mr. Speaker, when it comes to hotel meeting major deadlines. Deadlines have been development and negotiating hotel development, the missed. We have seen all sorts of issues. All of a track record of this Government is not good. It is not sudden now, on the 15th of May, the Minister is an- good, Mr. Speaker. So it would be a compelling and nouncing that, mysteriously, the finance has been se- reasonable question to ask: What is the track record cured by an international financer, and the question of this group? What is the nature of the financing? Is it clearly is, Well, who is this international financer? The going to be equity capital? Is it going to be loan fi- Minister cannot provide that information. nancing? What is interesting, at the time when the Min- ister was giving his press conference . . . in fact, just Hon. Derrick V. Burgess, Sr.: Point of order, Mr. previous to that, a week before, as they were making Speaker. the announcement, this is what the Minister had to say (if you will allow, Mr. Speaker, just to quote) as he The Speaker: There is a point of order. was talking about how the lease had now been Minister Burgess, what is your point of order? signed. They had a new lease and everything was coming into play, and Government had intervened and POINT OF ORDER Government had brokered the deal, and it is back on track now and we are going to have this wonderful Hon. Derrick V. Burgess, Sr.: Mr. Speaker, this hotel development, this is what the Minister said. The Member is asking questions. Some of these questions Minister said, “I can anticipate that there will be cannot be answered now because we are in the very naysayers that appear, that [will say] the Government, intimate stages. on the eve of the election, say they’re doing this thing.” That is what the Honourable Minister said. The Speaker: The better word is “delicate.” He went on to say (these are the Honourable Minister’s words now), “I expect naysayers. I can fore- Hon. Derrick V. Burgess, Sr.: Thank you. Thank see the blogs tomorrow, but I am confident and com- you. Yes. fortable that the whole idea of this project, knowing that we know a little more about the financing than The Speaker: I thought that he might have figured most people, that this is one you can take to the that out. bank.” When I heard the Honourable Minister making Hon. Derrick V. Burgess, Sr.: Right. Yes. these statements, trying to forecast some criticism, it reminded me of the play from Shakespeare, the Ham- The Speaker: Yes, it is. Yes. It is delicate. And it is let play, where he said, Methinks the Minister protests not being helpful. too much. Maybe he was a little nervous, and he gave too much away on that day. Mr. Shawn G. Crockwell: Thank you, Mr. Speaker. But, Mr. Speaker, I rise today simply to ask Mr. Speaker, I will confess that this is not my area of some, I think, reasonable questions. The Minister has expertise. But what I do know from what I have seen, House of Assembly 2214 25 May 2012 Official Hansard Report

Mr. Speaker, when you have signage of financing on In response to the gentleman who just took a project of this nature we are not talking about docu- his seat— ments that are going to look like this, Mr. Speaker. We will be talking about binders of documents that will An Hon. Member: Gentleman? cover these desks, Mr. Speaker. Hon. Glenn A. Blakeney: —the Honourable Mem- The Speaker: Well, I know the Honourable Member ber— wants to grandstand. But please, please, please. Con- tinue. He is just grandstanding. The Speaker: Yes. Honourable Member.

Mr. Shawn G. Crockwell: Mr. Speaker, I am raising . Hon. Glenn A. Blakeney: And he goes on about all of . . and I am actually about to close, Mr. Speaker. his nonsense half the time. But in any case, you know, it is pathetic that he would grandstand like that. It is The Speaker: I know you are grandstanding. I know not indicative of taking the high road with regard to the that much. responsibility he has in the seats opposite. The de- bate has gone from bad to worse as a result of the Mr. Shawn G. Crockwell: Well, Mr. Speaker, I apolo- endeavour which is a futile exercise of politicking to try gise if that is your perception. But my view is that I am and politrick the people of the country. They must raising pertinent questions, not questions that I have stop! They must stop insulting the intelligence of the just plucked out of the air, questions that the people of people of this country. this country have. They want to know— You brought to the attention of the Honoura- ble Member that the substantive Minister is not here. The Speaker: Notwithstanding that the Minister is not He goes down a trail of insults with regard to the Min- even sitting opposite you. ister singing or being on a singing tour.

Mr. Shawn G. Crockwell: Pardon me, Mr. Speaker? Mr. Shawn G. Crockwell: Mr. Speaker, point of order.

The Speaker: Notwithstanding the Minister is not The Speaker: What is the point of order? The Hon- even sitting opposite you. ourable Member, Mr. Crockwell, has a point of order.

Mr. Shawn G. Crockwell: Well, Mr. Speaker, I want- POINT OF ORDER ed to raise this last week on the Motion to Adjourn, but [Impugning] the [Minister] was on a plane to Singapore. We are now here today, Mr. Speaker. The Minister is still not Mr. Shawn G. Crockwell: The Honourable Member is here. We are not sitting next week, Mr. Speaker. I impugning improper motives. cannot wait for the Minister to decide to come to the Mr. Speaker, I never insulted the Minister House of Assembly. We have to do our job, Mr. Burgess. In fact, if we’d had Hansard some years ago, Speaker, and the questions are relevant. we [would] know who insulted that Minister. But it is What is the nature of the financing? What are very strange how they have embraced him now. the commercial terms of the financing? We do know that there is going to be a deadline, Mr. Speaker, in [Inaudible interjections] terms of these matters coming to the light. I am asking them now, Mr. Speaker, because I forecast that there [Gavel] is going to come a day when the deadline is going to come and we are going to hear more excuses and The Speaker: Ah! Ah! Ah! Ah! You must not make a more delays from this Government. speech! Take your seat! You must not make a Thank you, Mr. Speaker. speech!

The Speaker: Thank you, Mr. Crockwell, the Honour- Hon. Glenn A. Blakeney: You see, the problem with able and Learned Member from Pembroke West. that gentleman is that he has yet to mature as a politi- Any further speakers? cian. So he makes these desperate remarks when he I recognise the Honourable Member, Mr. G. is loath to try and make a point that he does not know Blakeney. Minister Blakeney, from Devonshire North how to make. It is unfortunate, very unfortunate. And Central, has the floor. that is why, when the people refer to politicians in this Minister? country in the ways that they do, it is because of that kind of behaviour—words that come out of their OBSERVATION ON LEVEL OF DEBATE mouths insinuating corruption, as far as politicians are concerned, and this, that and the other. It is just so Hon. Glenn A. Blakeney: Thank you, Mr. Speaker. immature. House of Assembly Official Hansard Report 25 May 2012 2215

On the one side they will continuously say that ernment, the Bermuda Progressive Labour Govern- we need to work together. How do you create a cli- ment, is responsible for the actions of an individual in mate of working together with the kind of innuendo another place! What we do is have law enforcement and aspersions they continuously cast for political ex- officers to look into suspected wrongdoing, malfea- pediency and for political traction—that it does not sance or whatever. If there is evidence found that get? suggests someone should answer to culpability, there is a judicial process that the politicians do not have Dr. the Hon. E. Grant Gibbons: Mr. Speaker, that is anything to do with, necessarily! a personal attack. What we have done is look at how we can improve a system that all of those Members that were The Speaker: Well— elected and had a seat in Government acted under. They did not look to fix things. You know, the irony of Hon. Glenn A. Blakeney: It is so unfortunate. It is so it all is that the people that sat on that side and as- unfortunate. sumed the responsibility of the Government of this They started with WEDCO, maligning country for all of those years were also the business- WEDCO and thinking that the people in their commu- es, the landlords, the retailers under the brand of the nity who have been so underserved by the former United Bermuda Party. But the whole system was members of the United Bermuda Party that have okay then! Even when they reflect on the historical changed their persona and have now become a fa- facts of the past, they fail to look at that fact. That is çade known as the OBA, and then they point the fin- fundamental. That is fundamental, Mr. Speaker. That ger at us, the Government, who, through its actions, is fundamental! are committed to serving its people in that part of the Every single time we look in retrospect at the country by doing what they failed to do when they had history and the legacy . . . they cannot deny the truth. the opportunity for over 30 years! What we probably need for the OBA is a gi- [Inaudible interjections] gantic mirror so that when they point, it would be an axiom, a self-evident truth of some of the failures that [Gavel] they may be culpable for. We are not perfect. We have never purported to be perfect. We have admitted Hon. Glenn A. Blakeney: You know what is so amaz- that we have made a few mistakes over the course of ing? They think they have it all right, but yet there is time, and we have gone beyond the call of duty to ad- so much dysfunction over the course of the last few dress what we believe will correct so as we are not years that they went from UBP to BDA, now OBA. prone to have those kinds of things repeated, starting They got independents. They have got Members with the good governance legislation. across the Floor to the Bermuda Progressive Labour With regard to the innuendo about the Auditor Party, and they accuse us of playing the race card General and her report in the paper today, that was and all this kind of nonsense. But yet, we can name dealing with civil servants. That was dealing with Jonathan Smith. We can name Zane De Silva, among those that are charged with the responsibility that they others, who are very responsible, who have decided are sworn to do for the people of this country on be- that the best political party for this country is the Ber- half of the Government! muda Progressive Labour Party. Why do they not speak to some of those co- [Inaudible interjections and general uproar] horts of theirs to see where they went wrong and have some introspective reflection on their dysfunction, as [Gavel] opposed to trying to distract this country pointing at us? Hon. Glenn A. Blakeney: Mr. Speaker, in the realm— What is the OBA? It is nothing more than the United Bermuda Party under a different guise, trying The Speaker: Honourable Members on this side are to come across as if they have got some new clothing getting excited. I could not even hear what you said. on. But everybody sees who you are! Everybody sees Carry on. the façade! You were elected as United Bermuda Party Hon. Glenn A. Blakeney: In the realm of the human Members of this House and betrayed your electorate! condition, people are not perfect. When we do find That is the bottom line. That is the fact. That is the there is culpability, what happens is exactly what hap- truth. And you could call it by any other name but what pened; there was a judicial process, with evidence it is if you want to. But the truth is what it is. And you that was brought before the court of law, and a jury of are who you are! peers made an assessment on the evidence. So you cannot blame the Government for that. You cannot [Inaudible interjections and general uproar] cast innuendo to try and make it look as if the Gov- House of Assembly 2216 25 May 2012 Official Hansard Report

[Gavel] not do for the people that deserve it! That is the bot- tom line. Those people up there are going to appreci- The Speaker: I think these Honourable Members ate the quality of life that they will move to from where want a long holiday from this Chamber. they are now as the result of a commitment by this Government to do the right thing for them. Hon. Glenn A. Blakeney: They are going to get one when the poll comes! They are going to get a long WEDCO HOUSING PROJECT holiday. Hon. Glenn A. Blakeney: As Minister of a Ministry The Speaker: If they insist on being as robust as they responsible for the social services of this country, we are, they are going to get a long holiday. Carry on, understand categorically that people are feeling the Minister. pain. We understand it! As a result of the remit that I have, I have no choice in the matter, save and except Hon. Glenn A. Blakeney: And as rude as they are! to serve to the best of my ability as a member of the But it is typical. We on this side do not expect team of this Government with their support to show anything less of them, because desperate people do the compassion and sensitivity to the tune of over $39 and say desperate things for expediency purposes. million—$36 million, $36 million, $36 million. (I may have misspoken there.) That is what a Government The Speaker: You will not be coming back on June 8, that cares for its people is about when it comes to un- I can assure you. Just keep it up. derstanding the challenges that we face as a country. So, Mr. Speaker, I am proud to be a member Hon. Glenn A. Blakeney: Yes, just keep it up! of this Government team, particularly with the com- mitment that we made through WEDCO as a partner The Speaker: Carry on, Minister. of this Government in carrying out its mandate to do what the people in the West End and the Dockyard Hon. Glenn A. Blakeney: Mr. Speaker, sometimes area, Albert Row and the like deserve—what they de- they forget who is in charge of this Honourable serve! We are going to work it out. We are going to Chamber! It is contemptuous to you. I am being very work through it. We are going to do it for the right rea- kind in suggesting that. sons, and those people will have an opportunity that I wish they would mature politically and be henceforth they have not had to have a better quality able to act accordingly so that the people of this coun- of life in houses that become homes for our people, try would have the confidence of them acting as Mr. Speaker—for our people. statesmen. They cannot walk in the shoes of our So I commend WEDCO and the Chairman, Honourable Premier, going to visit heads of states Mr. Walter Lister, who is the most senior Member— around the world! Who is going to do that? Someone whom they parachuted into a constituency who did not The Speaker: The Honourable Member, yes, yes. earn a right of passage and has no political experi- ence per se? Hon. Glenn A. Blakeney: The Honourable Member in this Honourable Chamber. The Speaker: See, you just worked the Minister up. You did that. The Speaker: Yes.

Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of Hon. Glenn A. Blakeney: And the efforts of Minister order. Point of order, Mr. Speaker. Michael Weeks. They have our unequivocal support in moving forward to do what the people in Dockyard, in The Speaker: I am sorry. I am sorry. You worked him the Albert Row area deserve, and nothing less. up. Carry on, Minister Blakeney. Thank you, Mr. Speaker.

Hon. Glenn A. Blakeney: But they want to open up The Speaker: Thank you, Minister Blakeney. the can of worms, and when we get into a full truth Any further speakers? debate they do not know how to handle it. They do not No further speakers? know how! They do not know how. They do not know The House stands adjourned to the 8th of how. June at 10:00 am. Mr. Speaker, I think it is reprehensible when you will use the people of this country who have been [Gavel] so underserved as political pawns to make a point and to try to rationalise, going all around the mulberry [At 9:27 pm, the House stood adjourned until 10:00 bush with regard to some cost or how many houses or am Friday, 8 June 2012.] whatever. The thing is that we are doing what you did House of Assembly 2011/12 SESSION BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

INDEX MAY 2012

This Index is arranged alphabetically with “Order of Business” and by MPs’ names in bold. “Bills” are arranged both alphabetically and procedurally (i.e., Introduction, Second Reading, Committee, Report, Third Reading).

A Adjournment, Motions thereon Bermuda’s advanced relationship with UK Blakeney, Hon. Glenn A., 2018 Swan, Mr. Charles F. B., 2018 CITV, use for political messaging Swan, Hon. Hubert (Kim) E., 2103–2104 De Silva, Hon. Member, news reports involving Swan, Hon. Hubert (Kim) E., 2101–2103 Democracy and Independence Lister, Hon. Walter M., 2015–2017 Evans Bay Dock Swan, Mr. Charles F. B., 2018 Main Road in Somerset Lister, Hon. Walter M., 2015 Mayoral Elections Blakeney, Hon. Glenn A., 2018–2019 De Silva, Hon. Zane J. S., 2020 Lister, Hon. Walter M., 2015 Roban, Mr. Walter H., 2019–2020 Scott, Hon. Michael J., 2017 Swan, Mr. Charles F. B., 2017–2018 Meetings with sporting clubs Cox, Hon. Paula A., 2020–2021 Observation on level of debate Blakeney, Hon. Glenn A., 2214–2216 St. Regis Hotel construction Crockwell, Mr. Shawn G., 2212–2214 Tourism Swan, Hon. Hubert (Kim) E., 2104–2105 US Foreign Account Tax Compliance Act Cox, Hon. Paula A., 2021 Gibbons, Dr. the Hon. E. Grant, 2013–2015 WEDCO Housing Project Blakeney, Hon. Glenn A., 2216 Burgess, Hon. Derrick V., Sr., 2209–2212 De Silva, Hon. Zane J. S., 2191–2196 Gordon-Pamplin, Mrs. Patricia J., 2204–2209 Lister, Hon. Walter M., 2202–2204 Pettingill, Mr. Mark, 2185–2189 Richards, Mr. Everard T. (Bob), 2196–2199 Scott, Hon. Michael J., 2189–2191 Swan, Hon. Hubert (Kim) E., 2199–2202 Announcements by Speaker or Member presiding House visitors Bassett, President Carolanne M., 2030 Christ for the Nations Mission team, 2030 Hansard Index—2011/12 Session (May 2012 only) 1 Guests from Qatar, 1997 Ministerial Statements, 2112–2113 B Bean, Hon. Marc A. R. Congratulatory/Obituary Speeches, 2123–2124 Diminished Open Spaces in Bermuda, 2175–2184 Ombudsman's Special Report "Today's Choices: Tomorrow's Costs," 2093–2095 Telecommunications Reform, 2026–2028 Bermuda Job Market Employment Briefs, See Motions Bermuda’s advanced relationship with UK, See Adjournment, Motions thereon Bermuda Health Council, Annual Health Report of, See Papers and Communications to House Bills Good Governance Amendment Act 2012 First Reading, 2126 Insurance Amendment Act 2012 Second Reading Cox, Hon. Paula A., 2036–2037, 2038 Furbert, Hon. Wayne L., 2037 Richards, Mr. Everard T. (Bob), 2037 Swan, Mr. Charles F. B., 2037 Committee, 2038–2046 Report, 2046 Third Reading, 2101 Marine Board Amendment Act 2012 First Reading, 2007 Second Reading Burgess, Hon. Derrick V., Sr., 2126–2127, 2128 Gordon-Pamplin, Mrs. Patricia J., 2127 Swan, Hon. Hubert (Kim) E., 2128 Swan, Mr. Charles F. B., 2127 Committee, 2129–2131 Report, 2131 Third Reading, 2184 National Pension Scheme (Occupational Pensions) Temporary Amendment Act 2012 First Reading, 2035 Second Reading Blakeney, Hon. Glenn A., 2133–2134 Cox, Hon. Paula A., 2131–2132, 2134 Richards, Mr. Everard T. (Bob), 2132–2133 Swan, Mr. Charles F. B., 2133 Committee, 2134–2137 Report, 2137 Third Reading, 2184 Proceeds of Crime Amendment Act 2012 Second Reading Cannonier, Mr. L. Craig, 2008–2009 Cox, Hon. Paula A., 2009–2010 Gibbons, Dr. the Hon. E. Grant, 2009 Moniz, Hon. Trevor G., 2010 Perinchief, Hon. Wayne N. M., 2008, 2011 Simons, Mr. Nelson H. Cole, 2009 Swan, Mr. Charles F. B., 2009 Committee, 2011–2013 Report, 2013 Third Reading, 2013 Referendum Act 2012 First Reading, 2035 Tourism Board Act 2012 First Reading, 2035

2 Hansard Index—2011/12 Session (May 2012 only) Blakeney, Hon. Glenn A. Adjournment, Motions thereon Bermuda’s advanced relationship with UK, 2018 Mayoral Elections, 2018–2019 Observation on level of debate, 2214–2216 WEDCO Housing Project, 2216 Bermuda Job Market Employment Briefs, 2058–2061 Congratulatory/Obituary Speeches, 2004–2005, 2119–2120 Jessica Lewis, Bermuda's wheelchair para-athlete, 2113 National Pension Scheme (Occupational Pensions) Temporary Amendment Act 2012, 2133–2134 Burgess, Hon. Derrick V., Sr. Adjournment, Motions thereon WEDCO Housing Project, 2209–2212 Dumpster Trailers, 2030–2031 Marine Board Amendment Act 2012, 2126–2127, 2128 Butler, Hon. Dale D. Diminished Open Spaces in Bermuda, 2160–2164 Butterfield, Hon. D. Neletha I. Congratulatory/Obituary Speeches, 2122–2123 C Cannonier, Mr. L. Craig Bermuda Job Market Employment Briefs, 2081–2083 Congratulatory/Obituary Speeches, 2006 Proceeds of Crime Amendment Act 2012, 2008–2009 Cisco Local Academy, establishment of in Bermuda, See Statements by Ministers CITV, use for political messaging, See Adjournment, Motions thereon Confirmation of Minutes 27 April 2012, 1997 11 May 2012, 2107 Confiscated Assets Fund Financial Statements for year ending 31 March 2007 (Paper), 1998 Congratulatory/Obituary Speeches Bean, Hon. Marc A. R., 2123–2124 Blakeney, Hon. Glenn A., 2004–2005, 2119–2120 Butterfield, Hon. D. Neletha I., 2122–2123 Cannonier, Mr. L. Craig, 2006 Cox, Hon. Paula A., 2125 Crockwell, Mr. Shawn G., 2121–2122 De Silva, Hon. Zane J. S., 2007 Gibbons, Dr. the Hon. E. Grant, 2006–2007, 2032, 2122 Gordon-Pamplin, Mrs. Patricia J., 2121 Hunt, Mr. Donte O., 2033–2034, 2120 Lister, Mr. Terry E., 2123 Minors, Hon. Patrice K., 2121 Moniz, Hon. Trevor G., 2124 Simons, Mr. Nelson H. Cole, 2034–2035, 2125 Smith, Hon. Dame Jennifer, 2005–2006, 2034, 2123 Swan, Hon. Hubert (Kim) E., 2033 Swan, Mr. Charles F. B., 2005 Tucker, Mr. Darius D. M., 2033, 2124 Weeks, Hon. Michael, 2006, 2122 Cox, Hon. Paula A. Adjournment, Motions thereon Meetings with sporting clubs, 2020–2021 US Foreign Account Tax Compliance Act, 2021 Bermuda Job Market Employment Briefs, 2073–2075 Confiscated Assets Fund Financial Statements for year ending 31 March 2007, 1998 Congratulatory/Obituary Speeches, 2125 Government Borrowing Sinking Fund Financial Statements for years ending 31 March 2011, 1998 Government Reserves Fund Financial Statements for years ending 31 March 2009, 2010 and 2011, 1998 Insurance Amendment Act 2012, 2036–2037, 2038 Hansard Index—2011/12 Session (May 2012 only) 3 Members of Legislature Pension Fund Actuarial Valuation Report as at 31 March 2010, 1998 National Pension Scheme (Occupational Pensions) Temporary Amendment Act 2012, 2131–2132, 2134 Proceeds of Crime Amendment Act 2012, 2009–2010 Public Sector Reform, progress, 2113–2114 Public Service Superannuation Fund Actuarial Valuation Report as at 31 March 2010, 1998 Crockwell, Mr. Shawn, G. Adjournment, Motions thereon St. Regis Hotel construction, 2212–2214 Congratulatory/Obituary Speeches, 2125 Personal Explanation, Apologies to House, 2125 Question Period National Tourism Plan update, 2002–2003 D De Silva, Hon. Zane J. S. Adjournment, Motions thereon Mayoral Elections, 2020 WEDCO Housing Project, 2191–2196 Bermuda Health Council, Annual Health Report of, 1998 Congratulatory/Obituary Speeches, 2007 Diminished Open Spaces in Bermuda, 2153–2156 Occupational Safety and Health Ticketing Regulations 2012, 2107 De Silva, Hon. Member, news reports involving, See Adjournment, Motions thereon Democracy and Independence, See Adjournment, Motions thereon Diminished Open Spaces in Bermuda, See Motions Dumpster Trailers, See Statements by Ministers E Evans Bay Dock, See Adjournment, Motions thereon Exercise Rum Runner, See Statements by Ministers F Furbert, Hon. Wayne L. Insurance Amendment Act 2012, 2037 National Tourism Plan update, 1999–2001 Tourism Board Act 2012, 2028–2029 Tourism Development, steps taken by Government to further, 2038 Tourism Marketing Initiatives, Boston and US East Coast, 2029–2030 G Gibbons, Dr. the Hon. E. Grant Adjournment, Motions thereon US Foreign Account Tax Compliance Act, 2013–2015 Bermuda Job Market Employment Briefs, 2054–2058 Congratulatory/Obituary Speeches, 2006–2007, 2032, 2122 Proceeds of Crime Amendment Act 2012, 2009 Question Period National Tourism Plan update, 2003 Public Sector Reform progress, 2115 Tourism Board Act 2012, 2031 Good Governance Amendment Act 2012, See Bills Gordon-Pamplin, Mrs. Patricia J. Adjournment, Motions thereon WEDCO Housing Project, 2204–2209 Bermuda Job Market Employment Briefs, 2077–2081 Congratulatory/Obituary Speeches, 2121 Diminished Open Spaces in Bermuda, 2168–2174 Marine Board Amendment Act 2012, 2127 Government Borrowing Sinking Fund Financial Statements for years Ending 31 March 2011, 1998 Government Reserves Fund Financial Statements for years ending 31 March 2009, 2010 and 2011, 1998 4 Hansard Index—2011/12 Session (May 2012 only) H Hopkins Report and Resultant Actions, See Statements by Ministers

Hunt, Mr. Donte O. Congratulatory/Obituary Speeches, 2033–2034, 2120 Personal Explanations Apologies to House, 2125 I Insurance Amendment Act 2012, See Bills J Jackson, Mrs. Louise A. Bermuda Job Market Employment Briefs, 2075–2077 Jessica Lewis, Bermuda's wheelchair para-athlete, See Statements by Ministers L Lister, Hon. Walter M. Adjournment, Motions thereon Democracy and Independence, 2015–2017 Main Road in Somerset, 2015 Mayoral Elections, 2015 WEDCO Housing Project, 2202–2204 Diminished Open Spaces in Bermuda, 2164–2168 Lister, Mr. Terry E. Congratulatory/Obituary Speeches, 2123 Diminished Open Spaces in Bermuda, 2156–2160 M Main Road in Somerset, See Adjournment, Motions thereon Marine Board Amendment Act 2012, See Bills Mayoral Elections, See Adjournment, Motions thereon Meetings with sporting clubs, See Adjournment, Motions thereon Members of Legislature Pension Fund Actuarial Valuation Report as at 31 March 2010, 1998 Minors, Hon. Patrice K. Bermuda Job Market Employment Briefs, 2050–2054 Congratulatory/Obituary Speeches, 2121 Proud to be Bermudian campaign, 2109–2110 Retraining scholarship fund established with Bermuda College, 2026 Seventh Annual Association of Bermuda Insurers and Reinsurers (ABIR) Economic Study, 2126 Moniz, Hon. Trevor G. Congratulatory/Obituary Speeches, 2124 Proceeds of Crime Amendment Act 2012, 2010 Motions Bermuda Job Market Employment Briefs Blakeney, Hon. Glenn A., 2058–2061 Cannonier, Mr. L. Craig, 2081–2083 Cox, Hon. Paula A., 2073–2075 Gibbons, Dr. the Hon. E. Grant, 2054–2058 Gordon-Pamplin, Mrs. Patricia J., 2077–2081 Jackson, Mrs. Louise A., 2075–2077 Minors, Hon. Patrice K., 2050–2054 Richards, Mr. Everard T. (Bob), 2046–2050 Scott, Hon. Michael J., 2064–2068 Simons, Mr. Nelson H. Cole, 2061–2064 Swan, Hon. Hubert (Kim) E., 2068–2073 Swan, Mr. Charles F. B., 2083–2084 Diminished Open Spaces in Bermuda Bean, Hon. Marc A. R., 2175–2184 Butler, Hon. Dale D., 2160–2164 Hansard Index—2011/12 Session (May 2012 only) 5 De Silva, Hon. Zane J. S., 2153–2156 Gordon-Pamplin, Mrs. Patricia J., 2168–2174 Lister, Hon. Walter M., 2164–2168 Lister, Mr. Terry E., 2156–2160 Simons, Mr. Nelson H. Cole, 2145–2150 Swan, Hon. Hubert (Kim) E., 2138–2145 Swan, Mr. Charles F. B., 2150–2153 Ombudsman's Special Report "Today's Choices: Tomorrow's Costs" Bean, Hon. Marc A. R., 2093–2095 Simons, Mr. Nelson H. Cole, 2099–2101 Swan, Hon. Hubert (Kim) E., 2095–2099 Swan, Mr. Charles F. B., 2085–2093 Seventh Annual Association of Bermuda Insurers and Reinsurers (ABIR) Economic Study Minors, Hon. Patrice K., 2126 Tourism Development, steps taken by Government to further Furbert, Hon. Wayne L., 2038 N National Pension Scheme (Occupational Pensions) Temporary Amendment Act 2012, See Bills National Tourism Plan update, See Statements by Ministers O Observation on level of debate, See Adjournment, Motions thereon Occupational Safety and Health Ticketing Regulations 2012, 2107 Ombudsman's Special Report "Today's Choices: Tomorrow's Costs", See Motions P Papers and other communications to the House Bermuda Health Council, Annual Health Report of, 1998 Confiscated Assets Fund Financial Statements for year ending 31 March 2007, 1998 Government Borrowing Sinking Fund Financial Statements for years Ending 31 March 2011, 1998 Government Reserves Fund Financial Statements for years ending 31 March 2009, 2010 and 2011, 1998 Members of Legislature Pension Fund Actuarial Valuation Report as at 31 March 2010, 1998 Occupational Safety and Health Ticketing Regulations 2012, 2107 Pembroke Hamilton Club Lease Agreement, 2185 Public Service Superannuation Fund Actuarial Valuation Report as at 31 March 2010, 1998 Parliamentary Questions, See Question Period Park System, Expanding of, See Statements by Ministers Pembroke Hamilton Club Lease Agreement, See Statements by Ministers; Also see Papers and Communications to House Perinchief, Hon. Wayne N. M. Exercise Rum Runner, 2024–2026 Proceeds of Crime Amendment Act 2012, 2008, 2011 Safer Communities, 2108–2109 Personal Explanations Apologies to House Crockwell, Mr. Shawn G., 2125 Hunt, Mr. Donte O., 2125 Pettingill, Mr. Mark Adjournment, Motions thereon WEDCO Housing Project, 2185–2189 Question Period WEDCO Housing Project, 2117–2119 Proceeds of Crime Amendment Act 2012, See Bills Proud to be Bermudian campaign, See Statements by Ministers Public Sector Reform, progress, See Statements by Ministers Public Service Superannuation Fund Actuarial Valuation Report as at 31 March 2010, 1998

6 Hansard Index—2011/12 Session (May 2012 only) Q Question Period Cisco Local Academy, establishment of Simons, Mr. Nelson H. Cole, 2031–2032 National Tourism Plan update Crockwell, Mr. Shawn, G., 2002–2003 Gibbons, Dr. the Hon. E. Grant, 2003 Park System, expanding of Simons, Mr. Nelson H. Cole, 2116–2117 Pembroke Hamilton Club (PHC) Lease Agreement Swan, Mr. Charles F. B., 2114–2115 Public Sector Reform progress Gibbons, Dr. the Hon. E. Grant, 2115 School Zones Programme Swan, Mr. Charles F. B., 2003 Tourism Board Act 2012 Gibbons, Dr. the Hon. E. Grant, 2031 WEDCO Housing Project Pettingill, Mr. Mark, 2117–2119 Swan, Mr. Charles F. B., 2004 R Referendum Act 2012, See Bills Retraining scholarship fund established with Bermuda College, See Statements by Ministers Richards, Mr. Everard T. (Bob) Adjournment, Motions thereon WEDCO Housing Project, 2196–2199 Bermuda Job Market Employment Briefs, 2046–2050 Insurance Amendment Act 2012, 2037 National Pension Scheme (Occupational Pensions) Temporary Amendment Act 2012, 2132–2133 Roban, Mr. Walter H. Adjournment, Motions thereon Mayoral Elections, 2019–2020 S Safer Communities, See Statements by Ministers St. Regis Hotel construction, See Adjournment, Motions thereon School Zones Programme, See Statements by Ministers Scott, Hon. Michael J. Adjournment, Motions thereon Mayoral Elections, 2017 WEDCO Housing Project, 2189–2191 Bermuda Job Market Employment Briefs, 2064–2068 Cisco Local Academy, establishment of in Bermuda, 2023–2024 Seventh Annual Association of Bermuda Insurers and Reinsurers (ABIR) Economic Study, See Motions Simons, Mr. Nelson H. Cole Bermuda Job Market Employment Briefs, 2061–2064 Congratulatory/Obituary Speeches, 2034–2035, 2125 Diminished Open Spaces in Bermuda, 2145–2150 Ombudsman's Special Report "Today's Choices: Tomorrow's Costs," 2099–2101 Proceeds of Crime Amendment Act 2012, 2009 Question Period Cisco Local Academy, establishment of, 2031–2032 Park System, expanding of 2116–2117 Smith, Hon. Dame Jennifer Congratulatory/Obituary Speeches, 2005–2006, 2034, 2123 Hopkins Report and Resultant Actions, 1998–1999 Pembroke Hamilton Club (PHC) Lease Agreement, 2107–2108, 2185 Statements by Ministers Cisco Local Academy, establishment of in Bermuda, 2023–2024 Hansard Index—2011/12 Session (May 2012 only) 7 Dumpster Trailers, 2030–2031 Exercise Rum Runner, 2024–2026 Hopkins Report and Resultant Actions, 1998–1999 Jessica Lewis, Bermuda's wheelchair para-athlete, 2113 National Tourism Plan update, 1999–2001 Park System, expanding of, 2110–2111 Pembroke Hamilton Club (PHC) Lease Agreement, 2107–2108 Proud to be Bermudian campaign, 2109–2110 Public Sector Reform, progress, 2113–2114 Retraining scholarship fund established with Bermuda College, 2026 Safer Communities, 2108–2109 School Zones Programme, 2001 Telecommunications Reform, 2026–2028 Tourism Board Act 2012, 2028–2029 Tourism Marketing Initiatives, Boston and US East Coast, 2029–2030 WEDCO Housing Project, 2001–2002, 2111–2112 Swan, Hon. Hubert (Kim) E. Adjournment, Motions thereon CITV, use for political messaging, 2103–2104 De Silva, Hon. Member, news reports involving, 2101–2103 Tourism, 2104–2105 WEDCO Housing Project, 2199–2202 Bermuda Job Market Employment Briefs, 2068–2073 Congratulatory/Obituary Speeches, 2033 Diminished Open Spaces in Bermuda, 2138–2145 Marine Board Amendment Act 2012, 2128 Ombudsman's Special Report "Today's Choices: Tomorrow's Costs," 2095–2099 Swan, Mr. Charles F. B. Adjournment, Motions thereon Bermuda’s advanced relationship with UK, 2018 Evans Bay Dock, 2018 Mayoral Elections, 2017–2018 Bermuda Job Market Employment Briefs, 2083–2084 Congratulatory/Obituary Speeches, 2005 Diminished Open Spaces in Bermuda Insurance Amendment Act 2012, 2037 Marine Board Amendment Act 2012, 2127 National Pension Scheme (Occupational Pensions) Temporary Amendment Act 2012, 2133 Ombudsman's Special Report "Today's Choices: Tomorrow's Costs," 2085–2093 Proceeds of Crime Amendment Act 2012, 2009 Question Period PHC Lease Agreement, 2114–2115 School Zones Programme, 2003 WEDCO Housing Project, 2004 T Telecommunications Reform, See Statements by Ministers Tourism Board Act 2012, See Bills; Also see Statements by Ministers Tourism Development, steps taken by Government to further, See Motions Tourism Marketing Initiatives, Boston and US East Coast, See Statements by Ministers Tourism, See Adjournment, Motions thereon Tucker, Mr. Darius D. M. Congratulatory/Obituary Speeches, 2033, 2124 Weeks, Hon. Michael, 2006, 2122 U US Foreign Account Tax Compliance Act, See Adjournment, Motions thereon

8 Hansard Index—2011/12 Session (May 2012 only) W WEDCO Housing Project, See Statements by Ministers; Also see Question Period, and Adjournment, Motions thereon Weeks, Hon. Michael Congratulatory/Obituary Speeches, 2006, 2122 Expanding the Park System, 2110–2111 School Zones Programme, 2001 WEDCO Housing Project, 2001, 2111–2112 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Dates of May sittings: 11, 18, 25 May 2012

Hansard Index—2011/12 Session (May 2012 only) 9