2020/2021 SESSION of the

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

26 MARCH 202 1 Virtual Sitting Sitting number 16 of the 2020/2021 Session (pages 1243–1352)

Hon. Dennis P. Lister, Jr., 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 26 March 2021 1243

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT VIRTUAL SITTING 26 MARCH 2021 10:00 AM Sitting Number 16 of the 2020/2021 Session

[Hon. Dennis P. Lister, Jr., Speaker, in the Chair] [No audible response]

The Speaker: Good morning, Members. We are The Speaker: Minister of Finance, are you with us about to start the session. this morning? Ms. Beale will lead us in prayer this morning. We will move on and come back. Minister Furbert, are you available to do the PRAYERS matter for the Minister of Sport?

[Prayers read by Ms. Kara Beale, Assistant Clerk] Hon. Tinee Furbert: Yes, Mr. Speaker.

CONFIRMATION OF MINUTES The Speaker: Thank you. Could you table your matter [Minutes of 19 2021] now, present your matter now?

The Speaker: Good morning, Members. The House is BERMUDA SPORT ANTI-DOPING AUTHORITY now in session. ANNUAL REPORT 2020 The Minutes from March 19 have been circu- lated. Are there any amendments or corrections re- Hon. Tinee Furbert: Mr. Speaker, I have the honour quired? to attach and submit for the information of the Hon- ourable House of Assembly the Bermuda Sport Anti- None, they are approved as printed. Doping Authority Annual Report 2020. [Minutes of 19 March 2021 confirmed] The Speaker: Thank you, Minister. nd Is the Minister of Finance available? The Speaker: The Minutes of the 22 of March have been deferred. [No audible response] MESSAGES FROM THE GOVERNOR The Speaker: I am looking . . . Minister of Finance? We will move on. The Speaker: There are none. PETITIONS ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING The Speaker: There are none. The Speaker: There are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS MESSAGES FROM THE SENATE The Speaker: We have three Statements this morn- The Speaker: There are none. ing. The first is in the name of the Minister of Finance. I am assuming he still has not been able to connect. PAPERS AND OTHER So I am going to ask the Minister of Public COMMUNICATIONS TO THE HOUSE Works to do his Statement, and we will come back to the Minister of Finance. The Speaker: This morning there are two such Pa- Minister of Works, would you like to present pers and Communications. The first is in the name of your Statement at this point? the Minister of Finance. Minister of Finance. Lt. Col. Hon. David A. Burch: Yes, Mr. Speaker. Good morning.

Bermuda House of Assembly 1244 26 March 2021 Official Hansard Report

The Speaker: Good morning, Minister. Go right received and processed with an award due early next ahead. week. Several other sites have been put out for quotes, including the following: STIMULUS PROGRAMME—FURTHER UPDATE • Artemis Building A fitout work; • Artemis Building B fitout work; Lt. Col. Hon. David A. Burch: I am pleased to pro- • Highways fencing repair works; vide another update on the short-term stimulus pro- • Elbow Beach access stairs replacement gramme that was launched on December 17, 2020, to works; and a maximum value of BMD [$13,385,000] where small • New Plant Inspection Building at the Botanical to medium-sized contractors were invited to partici- Gardens construction work. pate. Additionally, Mr. Speaker, the Department of Mr. Speaker, the programme was launched as Workforce Development have come on board with there is an urgent need to provide stimulus to the local their Apprenticeship/Training Programme to present economy in order to retain and boost employment opportunities for Bermudians to gain valuable experi- numbers in the wake of the economic downturn ence and training, which is critical in strengthening the sparked by the COVID-19 pandemic. As a result, the country’s economic and social development. Ministry of Public Works compiled a list of shovel- Mr. Speaker, the Department of Workforce ready projects that are executable almost immediate- Development provides training and development pro- ly. These projects are mostly infrastructure improve- grammes and initiatives in a broad range of occupa- ments and will not add further burden to government tions and sectors across multiple disciplines in the operational expenses. The project’s selection princi- workforce. They will adapt the current framework of ples are to maximise the employment of the private Apprenticeship/Training agreement contracts to be fit sector while providing much-needed refreshing of ne- for purpose to encourage contractors to engage indi- glected infrastructure. viduals to participate in various jobs and potentially Mr. Speaker, to ensure allocation of the stimu- provide opportunities for part-time and/or full-time lus funding across the participating businesses, the short- and long-term employment. Ministry will maintain a register of approved contrac- In summary, Mr. Speaker, Workforce Devel- tors and awarded contracts to ensure that no one opment can provide financial assistance in the form of company monopolises the project list. Once a compa- payment and oversight as an incentive and benefit to ny obtains a project, they will be rotated to the bottom contractors to hire a Bermudian for each of their re- of the list to allow other companies an opportunity for spective companies at no cost to them. In return the work. The guiding principle is to prioritise all compa- Bermudians gains entry-level skills and/or upgrades nies that provide the most employment benefit per their existing skill set, utilises their transferable skills dollar spent while spreading the work among Bermu- and become gainfully employed as contributing indi- dian owned and operated businesses. Many of these viduals to society on the path to the economic recov- small to medium-sized businesses have never worked ery of the country. for government before, and oftentimes the challenge The department’s Training and Assessment is cash flow. In light of this we have arranged with the Officer will provide oversight and supervision for the Accountant General’s Department to accelerate the individual/employee as the liaison between the em- payment schedule to every two weeks, noting that ployee and the employer. The Government believes those who owe government money must engage in a this is a win-win construct and return on investment payment plan in order to secure the work. for all parties involved as a cross-Ministry initiative. Mr. Speaker, we have received a total of 98 We are very pleased with the response to the stimulus submissions by the deadline of February 15. Re- programme from contractors and likely employees, all sponses to the RFSQ [request for statement of qualifi- of whom want to get to work and help the economy cations] continue to be evaluated. To date, 67 compa- improve. This template of bundling projects together is nies have been approved and are prequalified to work proving to be quite efficient, and we shall look to using with the Government. Several of these have been this concept in the future. asked for quotes for various jobs. The Evaluation Thank you, Mr. Speaker. Team has been working flat-out to evaluate those re- maining applications. The Bermuda Economic Devel- The Speaker: Thank you, Minister. opment Corporation assisted a total of 74 contractors The next Statement this morning is in the with completing their submission packages for the name of the Minister of Education. request for statement of qualifications. Minister of Education. Mr. Speaker, as the RFSQ phase is now over, companies have received requests for quotes for vari- [No audible response] ous stimulus projects and are submitting their re- sponses. Responses to the Darrell’s Wharf repair pro- The Speaker: Minister of Education. ject and the Flatt’s Bridge handrail project have been Bermuda House of Assembly Official Hansard Report 26 March 2021 1245

[No audible response] the view of the Ministry of Finance, does not cause the audited financial statements to be misleading. The Speaker: I do note that the Minister of Finance is Mr. Speaker, under the Audit Act 1990, sec- present at the moment. tion 6(1)(b), the Auditor General is able to include in Minister of Finance, would you like to do your her report any comments she considers appropriate. Statement? And then after we finish the three State- Accordingly, the Auditor General has for the 10th con- ments, we will seek the indulgence of the House so secutive year included an Other Information section you can table the communication that should have on matters she deems appropriate. For the 2020 re- been done earlier. port she has also included an “Emphasis on Matter” section. The Other Information relates to the following: Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. • Public Debt and Guarantees. The Auditor Apologies for the technical problems that we had this General has highlighted that while the Gov- morning. ernment is within the legislated debt limit of $2.9 billion, there is a further $952 million in CONSOLIDATED FUND FINANCIAL STATEMENTS guarantees to various lenders by the Consoli- YEAR ENDED 31 MARCH 2020 dated Fund; • Increasing Net Debt. The Auditor General has Hon. Curtis L. Dickinson: Mr. Speaker, I rise today noted that net debt, as calculated on the to advise Honourable Members of the completion of Statement of Changes in Net Debt, increased the audit of the Consolidated Fund Financial State- by $329 million and continues to grow. (This ments for the year ended 31 March 2020, which will can be found on page 8 of the Financial be tabled in this Honourable House henceforth. As Statements); and Honourable Members are aware, the Consolidated • Usefulness of the Financial Statements. The Fund [CF] is the general operating fund of the Bermu- Auditor General explains that the usefulness da Government and is the fund through which Gov- of the financial statements is limited because ernment conducts the majority of its transactions. they are not summary financial statements. In The Consolidated Fund financial statements other words, they do not represent the com- report the financial position, operations, change in net bined financial position and activities of all debt and cash flows resulting from the activities of the government entities, only the Consolidated Government. This includes the accounts of the Sen- Fund. ate, the House of Assembly, all government depart- It is important to note that these explanatory ments and offices, and all courts. paragraphs do not alter the Auditor General’s opinion Mr. Speaker, I am disappointed to report that that the Financial Statements are presented fairly, the Auditor General gave a qualified audit opinion on except for the matters described in Basis for Qualified the 2019/20 annual accounts of the Consolidated Opinion but are highlighted matters. However, the Fund of the Government. The Consolidated Fund pre- Government shares the Auditor’s concerns in these viously received unqualified opinions for the years areas and has already begun to tackle these matters. 2013 through 2017. The items that precipitated the For instance, Mr. Speaker, the Ministry of Fi- 2018 qualified opinion were rectified, resulting in a nance has already put in place a plan to eliminate the return to clean opinion for the 2019 audit. The bases deficit and ultimately reduce the debt. Efforts to ad- for the qualified audit opinion are as follows: dress this in fiscal 2020/21 were severely hampered 1. Inventory departments within the Ministry of by the challenges related to the COVID-19 pandemic. Public Works were unable to perform the However, as noted in the Economic Recovery Plan, physical inventory count at year end due to which was presented to this Honourable House earlier the constraints of COVID-19 and associated this week, Government’s commitment to management shelter in place, and were unable to perform a of fiscal and economic matters in a fiscally prudent determination of the slow-moving and obso- manner remains resolute. lete items; Further, as noted in the 2021/22 Budget 2. The Department of Marine & Ports were una- Statement and highlighted as part of that plan, Gov- ble to provide support for their physical inven- ernment has put in place fiscal guardrails to be ad- tory results. There was also no related provi- hered to which, among other things, focus on ad- sion for obsolescence for this department’s dressing the deficit and the level of debt. inventory balance; and Mr. Speaker, liabilities related to pension and 3. The auditors were not able to satisfy them- other employee future benefits are included in the net selves on the inventory balances using alter- debt amount disclosed in the Financial Statements, nate procedures. and the Government has already started the review of Mr. Speaker, regarding the Auditor General’s these benefits to ensure their sustainability. inventory qualification, Honourable Members are ad- Mr. Speaker, in relation to guarantees of the vised that the approximately $6 million in inventory, in Consolidated Fund to various lenders, it is important Bermuda House of Assembly 1246 26 March 2021 Official Hansard Report to clarify that the majority of the guarantees are relat- and $180 million of senior notes matured and ed to debt taken out by public authorities. Mr. Speak- were paid off during the fiscal year. er, guarantees are contingent liabilities to the govern- Mr. Speaker, total revenue raised by the Con- ment and are not included on the government’s bal- solidated Fund for fiscal 2019/20 was approximately ance sheet or counted against the debt ceiling unless $1.09 billion, representing a decrease of $14.1 million the guarantee becomes due and payable by the gov- (or 1.3 per cent) from fiscal 2018/19 total revenue of ernment. All guarantees are disclosed in notes to the $1.1 billion. This is $32.1 million below the original financial statements of the Consolidated Fund and the budget estimates. The most significant generators of annual budget. revenues for fiscal 2019/20 were payroll taxes, ac- Mr. Speaker, with regard to the preparation of counting for $465.0 million, or 42.8 per cent of total Summary Financial Statements for the Bermuda Gov- revenue (in 2019, that number was $467.5 million, or ernment, the Ministry agrees there are benefits to is- 42.7 per cent); and Customs Duty, accounting for suing consolidated financial statements. However, $221.9 million, or 20.4 per cent (versus 2019 of Honourable Members are advised that a key factor in $226.1 million, or 20.7 per cent). Current expenses for this regard would be ensuring that there are current fiscal 2019/20 were $1.392 billion (versus 2019 of financial statements for all public authorities. “The $1.187 billion). Emphasis of Matter” contains a paragraph highlighting The four largest components of current ex- the uncertainties related to the COVID-19 pandemic. It penses were employee costs, grants and contribu- also provides commentary on the valuation related to tions, the Morgan’s Point/Caroline Bay valuation al- the Morgan’s Point/Caroline Bay project. In that re- lowance and interest on debt. gard, the note explains that, due to the high level of Total employee costs were $558.5 million, or uncertainty associated with recovering the cost relat- 40.1 per cent versus 2019 of $550.1 million, or ing to the assets of George’s Bay Limited, a valuation 46.3 per cent of total expenses. Included in this allowance of $183.3 million was recognised and a net amount is $78.1 million of non-cash retirement benefit carrying value of $1,000 included in the statement of expenses versus $78.52 in 2019. Grants and contribu- financial position. tions were $323.9 million, or 23.3 per cent, versus The audit report is dated 9 December 2020. 2019 of $319.2 million, or 26.9 per cent. And interest (In 2019, it was 19 November). Certain private debt on debt was $120.5 million, or 8.7 per cent, versus placements made by the Government contain a re- 2019 of $124.0 million, or 10.4 per cent. porting covenant requiring delivery of the audited fi- The Morgan’s Point/Caroline Bay valuation al- nancial statements within 240 days of the fiscal year lowance totalled $183.3 million and was deemed ap- end, which would be 26 November 2020. Honourable propriate due to the significant measurement of uncer- Members are advised that while this reporting cove- tainty in the valuation of the amounts expected to be nant was not met, the Government was given prior ultimately recovered by the government. Total current approval by the lenders to extend the delivery date to expenditure on a modified cash basis was $1.05 bil- 26 January 2021. lion (versus 2019 of $1.11 billion), which was $5.44 A detailed discussion of the highlights of the million more than the adjusted budget (2018/19: $7.9 Consolidated Fund financial statements can be found million less). in the Financial Statement Analysis and Discussion, Mr. Speaker, total capital account cash ex- which is included with the audited statements. penditure was $67.1 million, which was $2.4 million Mr. Speaker, a few of the financial highlights higher than the original budget estimates. Total capital of the 2020 Consolidated Fund Statements are as and current account cash expenditure for 2019/20 follows: was $1.119 billion, which was $7.8 million, or 0.7 per • Net Public Debt, which excludes guarantees cent, higher than the original budget estimate of and is net of the Government Borrowing Sink- $1.111 billion. ing Fund, increased by $184.9 million during Mr. Speaker, the all-inclusive results from the fiscal 2019/20, standing at $2.646 billion at government operations (both capital and current) on the year’s end compared to $2.419 billion in an accounting accrual basis for the year ending 31 2019. This represents an increase of 8 per March 2020 were a deficit of $346.2 million, $222.8 cent from 2019; million higher than the prior year’s deficit of $123.3 • In September 2019, the Government entered [million]. This is due primarily to the valuation allow- into a credit facility with Butterfield and HSBC ance for the Caroline Bay project and the first-time Bermuda for $200 million. The proceeds were provisions for doubtful collections of amounts owed to used to purchase the lenders’ rights and in- the Consolidated Fund by other public sector funds or terest under the Morgan’s Point/Caroline Bay organisations. guarantee; and If we remove the non-appropriated expenses • The 2020 Sinking Fund balance was $41.3 and the non-recurring items related to the Caroline million compared to $218.9 million in 2019, Bay project, the modified cash basis all-inclusive re- sults from government operations (the same basis Bermuda House of Assembly Official Hansard Report 26 March 2021 1247

used in the Budget Book) was a deficit of $32.5 mil- Thankfully, she and all who were tested on that day lion. The original estimates forecasted a budget sur- were negative. plus of $7.4 million. Therefore, the actual deficit was The decision made to start the Easter break up by $40.7 million when compared to the original es- early was a very difficult one as I truly believe that our timate. children deserve to be inside our school buildings. Mr. Speaker, in closing I would like to express However, the evidence, the data and the psychologi- my sincere appreciation to the Auditor General and cal impact of where we as an Island [are] were all tak- her team, the persons in the Accountant General’s en into account when this decision was made. Department and those in other ministries who were Mr. Speaker, in September 2020 when our involved in ensuring a successful audit. These state- public schools opened, strict safety and health ments provide valuable information on the financial measures were implemented. The entry-to-exit safety position of the government, and I would encourage and health protocols were comprehensive documents the public to examine these statements. provided for each school level from preschools to sen- Thank you, Mr. Speaker. ior schools, with the purpose of keeping our children and school staff safe. The protocols aimed to The Speaker: Thank you, Minister. (1) provide safety and health guidelines for school The next Statement this morning is in the operations, and (2) keep sick students and staff out of name of the Minister of Education. school buildings. Mr. Speaker, the concept of bubbles Minister of Education. was introduced in the schools as a safety measure, in that students interacted only with the same students Hon. Diallo V. S. Rabain: Okay, Mr. Speaker. Just and teachers during the course of the school day. I waiting for my video to come up. am pleased to say that continuous adherence to these safety and health measures at each respective school The Speaker: Okay. have kept our students and school staff safe, for the most part. Hon. Diallo V. S. Rabain: Can you hear me? As such, Mr. Speaker, the recent outbreak of COVID-19 in some of our public schools due to the The Speaker: Yes. We can see you and hear you poor behaviour of adults is extremely disappointing. now. You can continue. We all know that what happens in schools to some extent is a reflection of what is happening in the com- COVID-19 IMPACT ON PUBLIC SCHOOLS munity. If there is a COVID-19 outbreak in the com- munity, it is just a matter of time before this seeps into Hon. Diallo V. S. Rabain: Thank you. Mr. Speaker, the schools, which is what has happened. today I rise [to share] with my honourable colleagues Mr. Speaker, as of Wednesday this week, all and the community at large—I want to provide an up- students and staff in three public schools have been date on the impact of COVID-19 on our public quarantined. These include Northlands and Purvis schools. Primary Schools and Dellwood Middle School. Other Mr. Speaker, earlier this week I made a deci- schools which have had classroom students or co- sion to close our public schools early for the Easter horts, and teachers and/or other school staff in quar- break, and that it will now start on Monday, March the antine include Devonshire Preschool, West Pem- 29th instead of Thursday, April the 1st. Let me say that broke, Paget and Elliot Primary Schools, and Whitney the decision to close our schools is never an easy one Middle School. and it directly affects, distresses and disrupts our chil- These reflect for the most part classroom dren’s learning and those parents who must work and bubbles. As informed by the Ministry of Health, the who are not positioned to stay home to care for their concept of bubbles allows the technical officers in the children. Yet, this was a proactive decision that need- Epidemiology and Surveillance Unit to better under- ed to be made out of an abundance of caution to en- stand who is at risk—that is, the close versus casual sure the continued safety and health of students, contacts—and to better target actions towards those school staff and parents. specific groups to minimise disruptions in schools. Mr. Speaker, as a parent with a child in the Mr. Speaker, when a COVID-19 exposure Bermuda public school system, I am well aware of the occurs in schools, the bubble quarantines, instead of anxiety our parents are facing. This new variant of the the entire school. This is based on a risk assessment COVID-19 has given us a different experience than taken by the Ministry of Health. Teachers quarantine what we had in December. This variant appears to be with the students in their bubble, and this lessens the transmitted more easily and affects our children more. impact on school staffing. As such, schools are able to As a parent I fully understand that concern, as it was remain open and continue with a hybrid learning mod- only last week I had to explain to my daughter how the el. nasal pharyngeal test works, as she and all of her Mr. Speaker, the Department of Education classmates of Whitney Institute had to be tested. has been strictly guided by the Ministry of Health re- Bermuda House of Assembly 1248 26 March 2021 Official Hansard Report garding COVID-19 matters in schools. We know that as a potential positive must be tested using a nasal COVID-19 is not going anywhere anytime soon. The pharyngeal or throat swab to confirm the saliva test Ministry of Health is ably leading the Island through results. this pandemic and has also developed a plan for Mr. Speaker, thus far saliva testing has been managing COVID-19 exposures in our schools. We administered at the Elliot on 89 students, at Paget on know that their decisions are based on data, science 94 students, at Purvis on 138 students and at West and a strategy that in the end leads to continued Pembroke on 117 students, as a result of the con- learning and what is best for Bermuda’s children. At firmed COVID-19 exposure at these schools. Out of a this time I acknowledge and extend appreciation for total of 448 persons screened, there was only one the work of all staff in the Epidemiology and Surveil- potential positive case, at Elliot Primary. lance Unit (or ESU) under the leadership of the Chief Mr. Speaker, this preventative measure is Medical Officer. They continue to work day and night being expanded as a screening tool and a regimen of keeping us abreast of any developments that occur in testing proactively in schools across the system in- our schools. stead of waiting for notification of a potential COVID- Mr. Speaker, let me say that the Ministry is 19 exposure. This week Victor Scott, Prospect and very much understanding of the heightened fear and Gilbert Primary Schools have been scheduled as part concern that arise in the community when there is an of this expanded use of the screening via saliva test- increase in the number of COVID-19 cases. The same ing. A schedule to have these screenings done on a is experienced in our schools when school staff are routine basis will be developed over the Easter break informed of a positive case in the schools and the and introduced when in-school learning commences ESU commences an assessment of their respective on April 12. school. The automatic concern is. Have I been infect- Mr. Speaker, we commend the Government’s ed? Molecular Diagnostics Lab Team under the leadership Mr. Speaker, this is a normal reaction for all of of Dr. Carika Weldon for their swift response to sup- us. No one is exempt! As we continue to send com- port schools in the organisation and administration of munication out to parents and staff, the Ministries of these saliva tests within a day of a COVID-19 expo- Health and Education will work together to enhance sure in a school. the communication by providing additional information Mr. Speaker, let me also share additional so that persons understand or are clear if they have measures that have been put in place to enhance the been a close or had casual contact with the infected safety and health of students and school staff. The individuals. Additionally, Health is developing an in- EEMC approved a mask-wearing policy in schools, formation webpage soon to be launched showing the policy details, the purpose of the policy, the asso- which schools have been affected, a list of Frequently ciated risks if the policy is not followed, and proce- Asked Questions, and also a detailed explanation of dures that will be followed for noncompliance or re- the importance and effectiveness of the bubbles. fusal to wear masks by students and staff. Mr. Speaker, you will recall that an Education Mr. Speaker, additionally, stemming from the Emergency Measures Committee (EEMC) was estab- last Cabinet COVID Committee meeting, the Ministry lished back in December last year with the goal to of Education has developed questions to include on immediately stand in the event one or more COVID-19 the Health Ministry’s Travel Authorisation Form. The cases (or related) occurs in schools. Last week questions ask travellers if they have any children Thursday, March the 18th, the EEMC stood to discuss and/or contact with children and the schools attended the rise in the number of COVID-19 cases in our so that follow-up can be undertaken to determine if schools. During the meeting a new policy was agreed the children must follow the Health Ministry’s return to upon to help alleviate the concerns and fears ex- school protocols before being allowed to attend pressed by school staff. This policy came into effect school. The intent is to catch any potential COVID-19 immediately and stipulated that saliva testing would exposure at the front end. be undertaken as soon as practicable, and within a Mr. Speaker, the question of Easter camps day if possible, when a COVID-19 exposure had been has been brought to my attention after the announce- detected within a school. ment to extend the Easter break. Mr. Speaker, I wish Mr. Speaker, a saliva test is a screening tool to point out that the large gathering limit is currently at used to detect a potential COVID-19 infection. The 10, which would apply to camps or anything of that testing is an extra layer to catch any potential infec- nature. While schools are exempt from this 10-person tions within casual contacts—students and staff who limit, camps, dance classes, weekend events with are deemed not a close contact of the affected indi- children or students and the like are not exempt. The vidual or bubble. The saliva testing is carried out as a Department of Health has guidelines for running proactive preventative measure for all students and camps, and I encourage the public to ensure that any staff remaining at a school where a class or cohort of camp that may be running during the Easter break is students and school staff have been placed on quar- doing so under these guidelines. antine. Following the salvia test, any person identified Bermuda House of Assembly Official Hansard Report 26 March 2021 1249

Mr. Speaker, there have also been reports of CONSOLIDATED FUND FINANCIAL STATEMENTS persons who should be on quarantine [who are] out YEAR ENDED 31 MARCH 2020 and about in the community. The current surge of in- fections we are experiencing is a direct result of per- Hon. Curtis L. Dickinson: Mr. Speaker, I have the sons flouting the rules that have been put in place. I honour to attach and submit for the information of the honestly understand the COVID-19 fatigue that people Honourable House of Assembly the Financial State- feel due to this pandemic. I urge those persons to ments of the Consolidated Fund ending March 31, think of our Island home and all of us here who want 2020. to get back to a normalcy level just as they wish. Thank you, Mr. Speaker. However, unless we strictly follow the Health Minis- try’s guidelines and instructions for quarantining so The Speaker: Thank you. That brings a close to the that Bermuda remains safe, we will move further from Statements. normalcy. We have seen from what has transpired in the last few weeks that it actually only takes one per- REPORTS OF COMMITTEES son’s actions to set us back. Mr. Speaker, as I stated earlier, COVID-19 is The Speaker: There are none. not going anywhere anytime soon. If the safety and health measures are followed consistently, the spread PREMIER’S QUESTION TIME and transmission will be reduced. All school staff are considered essential workers, but only 625 educators The Speaker: This morning, Members, we have on from both public and private [schools] have been vac- our Order Paper Premier’s Questions. And just as a cinated since the end of February. reminder, the Premier’s Questions [period] is 30 We are working collaboratively with the Minis- minutes, separate from the regular Question Period. try of Health and the Bermuda Union of Teachers to And we will start the 30-minute clock now. encourage more school staff to get vaccinated over Just a minute . . . I understand that we have the extended Easter break and also take advantage of Members from both sides who wish to ask questions. the Health Ministry’s offer to schools to test school And the protocol is that we allow the Opposition staff on a monthly basis using the saliva screening Leader to put his question first. testing. Opposition Leader, would you like to put your I also ask parents to be diligent in impressing question now as we start our 30 minutes? on their children the importance of handwashing, Opposition Leader? mask wearing and maintaining the six-feet physical distancing when in and out of school. An Hon. Member: He is coming on. Mr. Speaker, in closing, I extend my thanks to the members of the ESU, the Department of Commu- Hon. N. H. Cole Simons: Okay. nications, the Commissioner of Education, her tech- nical officers and our school principals of affected The Speaker: Yes. schools who have worked diligently during the recent weeks and who have sacrificed their personal and Hon. N. H. Cole Simons: Can you hear me, Mr. family time during the weekends and evenings com- Speaker? municating to parents, stakeholders and the general public about the COVID-19 impact on our schools. The Speaker: I hear and see you, continue. Thank you, Mr. Speaker.

QUESTION 1: COVID-19 SURGES AND CRITERIA Thank you, Minister. The Speaker: FOR FULL LOCKDOWN Members, I am going to seek your indulgence at this moment to have the Minister of Finance table Hon. N. H. Cole Simons: My first question to the the Paper and Communication that he was not availa- Premier: Given that we are seeing a spike in cases ble for earlier. and the community is very, very concerned, what cri- Minister of Finance, would you like to seek the teria will be required by the Government to put the indulgence of your colleagues? country in full lockdown to address the spread of this virus? Hon. Curtis L. Dickinson: Please, Mr. Speaker.

The Speaker: Premier. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE Hon. E. David Burt: Good morning, Mr. Speaker.

[Recommitted] The Speaker: Good morning.

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Hon. E. David Burt: I thank the Honourable Opposi- The Speaker: Premier. tion Leader for his question. What I would say is that I share the concern of the Honourable Opposition Hon. E. David Burt: Thank you, Mr. Speaker. Leader, and also the concern of the community after Mr. Speaker, there are a number of other this most recent spike. measures that are done. They are published on the Regarding the measures which would be tak- website www.gov.bm/coronavirus. They do indicate en, I will see if we will get to a place where we believe cases. They also indicate hospitalisations, ICU [inten- that we will get to sustained community transmission, sive care unit] admissions and capacity. They also of which we do not believe that we have right now. take into account PPE on Island, some testing sup- The measures of which we put into place and the cur- plies and all of those items. So those are very broad rent restrictions which we put into place will be in measures which are located on the website, which place for another two weeks. And we believe that this speaks of the lag measures and the lead measures will be able to control the spread. Right now certainly we are seeing a spike. We What is most important for all persons to note, are seeing a spike of cases significantly. We have observe and understand is that it seems that the UK reported a significant number of cases this week. We variant (as the CMO [Chief Medical Officer] has indi- are expecting to report a significant number of cases cated) has some different symptomology. Some of the for the next few days. symptoms, you know, we are talking about cough and What is different in this outbreak from the oth- loss of taste and other things . . . with this virus or this er outbreak that we had in November is that many of variant we are having runny noses and sore throats these cases are related. We are getting cases of en- and other things, are being mistaken for other sea- tire households and other things like that. So from that sonal items, which is contributing to the spread. Once perspective, I do not want to say it is not as wide- persons and individuals obey the advice (which Ber- spread. But numbers are high because we test a sig- muda has been very good at doing), make sure that nificant number of persons certainly in making sure we keep our distance from persons, continue to sani- that we cast a very wide net so that we can catch tise and all the rest, we do believe that we will be able things. But I would say that these measures are pub- to get past this spike without any further restrictions. lished on the www.gov.bm/coronavirus website, and But if we do see that matters are increasing, those are what the Government refers to. there are published guidelines on our website which And certainly, as we have seen an increase in speak to the things which are necessary in order to the number of cases which are far and above where roll back. Whether or not we begin to have an in- we want to be, that is a reason why we have certainly crease in hospital admissions, et cetera, that is where gone to the first stage of reversal. But what we look to we go. But right now we know that hospital admis- see is if we have any future hospitalisations. Then if sions are at zero. They are a likely indicator. And with we get to a place where the health care capacity of our vaccination programme which has been relatively the country is overwhelmed, then we may look to successful, we are hoping that we will be able to make further restrictions. But we do not believe we maintain the current level of restrictions. are going there at this point in time. We are hopeful that we will not have to im- It is key to note, Mr. Speaker, that the health plement further ones. However, if necessary we will care system and the overall Bermuda health care sys- do so. And as always, I will happily consult with the tem is not just the hospital, but it is also the vaccina- Leader of the Opposition if we get to that point. tion programme and the contact tracers and all of the measures inside of public health which are essential. The Speaker: Thank you. And those are all of the measures of which we watch. Do you have a supplementary, Opposition And when those begin to get stressed, then that is Leader? when we will begin to look and see if any further re- strictions are needed or necessary. Hon. N. H. Cole Simons: Yes. The Speaker: Thank you. The Speaker: Put your supplementary. You are allowed one more supplementary. Do you have a new supplementary, Opposition Leader, or SUPPLEMENTARY a new question?

Hon. N. H. Cole Simons: So for the edification of the Hon. N. H. Cole Simons: A new question. public, one of the two criteria could be the number of hospitalisation cases; and two, the number of new The Speaker: New question, question number 2. cases for each month or each week, if they increase. Continue. Those two could be possible criteria, the increase in cases and the increase in the number of those people hospitalised. Would that be correct? Bermuda House of Assembly Official Hansard Report 26 March 2021 1251

QUESTION 2: ENFORCEMENT OF COVID-19 know that there are additional files which have been REGULATIONS submitted. And I hope to see persons before the courts soon. But I will agree with the Opposition Hon. N. H. Cole Simons: The community is also un- Leader and it is a concern to me as well. comfortable and very concerned about those irre- sponsible people who are breaking the curfew laws The Speaker: Thank you, Premier. and violating the quarantine and hosting private Opposition Leader, do you have a supplemen- events. And [the community] feels that [the irresponsi- tary or do you want to do your third question? ble people] are not being punished. I have seen that there is a disparity with the files. The Bermuda Police Hon. N. H. Cole Simons: Yes. I will just say to— Service [BPS] is sending files to the DPP [Director of Public Prosecutions], and the DPP is saying that The Speaker: Supplementary? those files are incomplete. Can the Premier speak to what has been Hon. N. H. Cole Simons: No, before my question. done to address the challenges in the DPP’s Office and the Bermuda Police Service so that the people The Speaker: Well, Members can ask questions— who are violating COVID-19 laws, violating the gather- ing limits and the quarantine regulations—what can be Hon. N. H. Cole Simons: I know. He just raised a done to make sure that they are brought to justice comment that I would just like to respond to; that is all. more effectively, quickly and promptly? He can be assured of my support in regard to talking to the Her Excellency the Governor in address- The Speaker: Premier. ing the enforcement matter.

Hon. E. David Burt: Thank you, Mr. Speaker. The Speaker: Thank you. Mr. Speaker, I would say that I share the Op- position Leader’s concern and the concern of the Hon. N. H. Cole Simons: The next question— members of the public in regard to some of these [IN- AUDIBLE] actions which may be taking place in the The Speaker: We will take your next question now, delay of bringing persons before the courts. your third question. As the Honourable Opposition Leader would know, neither the Bermuda Police Service nor the De- Hon. N. H. Cole Simons: Yes. partment of Public Prosecutions lie under the opera- tional control of the Government of Bermuda. And so The Speaker: Okay. Go ahead. in my role and in my audiences with Her Excellency the Governor, I have raised this matter. And I would QUESTION 3: UPDATE ON SAILGP ask the Honourable Opposition Leader, as he is ap- pointed by the same person whom I am appointed by, Hon. N. H. Cole Simons: My question pertains to Her Excellency the Governor, if he wishes to raise the sporting events. matter as well [to do so]. There is concern in regard to upcoming sport- I was incredibly concerned to see the news ing events and the protocols in place to protect the reports and the public spat (basically) earlier this week community. Now as you know, football season has where the BPS is accusing one side and the DPP was almost come to an end. And because people are not going back and forth. And that is not the way it needs allowed to congregate, the same applies to cricket. to happen. We need to be in a place where we can The same applies to our equestrian events because of work together. And I would hope that the administra- the allowed size of gatherings at one spot. We have tion of justice angles which fall on the Government had the cancellation of the CARIFTA Games. House will be able to work more effectively together. I And the question is: Where do we stand with have expressed those concerns, and I hope that the the upcoming sailing event? People are very, very Opposition Leader will join me in expressing those concerned that we have to cancel our local events, concerns. Because I do believe that we need to cer- and yet the sailing event is moving ahead as normal. tainly . . . a better job needs to be done on the side of Can the Premier speak to why this is being allowed? the Bermuda Police Service and the DPP. What mitigation factors have been put in place to en- That much being said, the fixed penalty re- sure that if the event moves ahead, the community is gime (which I know the Honourable Opposition Leader protected and they do not make a contribution to the [knows] as I spoke to him earlier today) will assist us rise in COVID-19 cases in this country? in swifter action and penalties and fines. But the fact is that the regime of which we have right now is strong- The Speaker: Premier. er. And it is hoped and expected that those persons will appear before the courts in due course. And I Bermuda House of Assembly 1252 26 March 2021 Official Hansard Report

Hon. E. David Burt: Thank you very much to the SUPPLEMENTARY Honourable Opposition Leader for his question. Just a few measures of clarity need to be giv- Hon. N. H. Cole Simons: It is my understanding that en. First of all, the Government, prior to the current an institution has put together a tourism package—a spike in cases, did give football permission to proceed private jet from Westchester County, New York, to in the exact same way as in previous times. We have Bermuda into a hotel for a week and then out at the given many local sports [events] permission to pro- end of the week—for this event. ceed. Permissions before sports [events] are based How are we going to . . . what protocols have upon the list of the individual events and what risks we put in place in regard to private jets and those they pose. people who are coming in just for a few days and go- To get to the core of the Honourable Opposi- ing back out? Are they going to be required to stay in tion Leader’s question on the matter of which he some type of bubble? And what about the testing ar- speaks to regarding to the SailGP, to say that SailGP rangement we have for those people who will come is going forth as normal would be a complete misno- down for a week in a private jet for the event and go mer and not accurate. As the Honourable Opposition right back out at the end of the week? We have test- Leader would know there was scheduled to be I think ing requirements, and I would just like for the Premier an outdoor viewing at Cross Island, a $40 million gift to speak to that as well, please. Thank you. from the former Government. The Speaker: Thank you. [Laughter] Premier.

Hon. E. David Burt: I know you would like that in the Hon. E. David Burt: Mr. Speaker, I am happy to an- House. But a $40 million gift from the former Govern- swer. The test requirements at our border are incredi- ment. And this has been cancelled due to the fact that bly strict. The test requirements apply whether or not it is inconceivable that we would be able to be having you are in a private jet or a non-private jet. Everyone large gatherings in one month when that event is who enters the country must abide. scheduled to occur. Anyone who is not vaccinated upon arrival will So the Opposition Leader would not be accu- receive a wristband that will restrict their items and rate in saying that the event is going forward as is. But movements. If you have a red wristband, for instance, what I can say is that the health protocols for arriving and you have just arrived, you will not be able to do persons will be in place. Individuals will be regularly indoor dining, you will not be able to be in large tested and then will be in bubbles. And they are not crowds or large groups, which are the exact same necessarily going around to different things. They will restrictions that would happen whether you [arrive] in be under the same type of restrictions that apply to a private jet or non-private jet. Everyone follows the everyone else. same procedures, and we make sure that the same But I think it is important to note that there are [rules] are applied no matter what the port of entry, different types of sports. And in a sailing event like Mr. Speaker. this, it is not a close-contact sport. When you have a And if there is information otherwise, I am close-contact sport, such as football, where you can happy to know it. But the one thing that we want to do see where people have to be next to each other, is make sure that the rules are applied fairly. I do breathing on each other, mixing the different teams know that people who fly into the private jet facility and all of the rest, there can be more challenges, un- have doctors who will come and put the thing up the like what we see in this event. But the health protocols nose just like you do when you arrive at the other very will certainly be in train. expensive gift left by the former Government. The public event has been cancelled, and the only watching will be from individuals who may be on The Speaker: Thank you, Mr. Premier. the water or on the shore. But the big public event Thank you, Opposition Leader. That brought which was to be held inside of Cross Island is unable you to a close of your three questions. to proceed at this time. The next Member I have on the list this morn- ing is MP Tyrrell. The Speaker: Thank you. MP Tyrrell, would you like to put your ques- Do you have a supplementary for that, Oppo- tion? sition Leader? Mr. Neville S. Tyrrell: Good morning, Mr. Speaker. Hon. N. H. Cole Simons: I have one supplementary. Thank you. Yes.

The Speaker: Put your supplementary. The Speaker: Good morning.

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QUESTION: GOVERNMENT GRANTS TO they will get from the Government review of that; or HISTORICALLY BLACK SAILING CLUBS whether it is way down in the East End for the St. George’s Cricket Club and clubs in between, Mr. Mr. Neville S. Tyrrell: Mr. Speaker, recently the Gov- Speaker, the fact is that it is important that the Gov- ernment awarded capital grants to community clubs, ernment supports these community organisations as including awards to three historically Black sailing they go ahead so they do not have to rely solely on clubs. Would the Honourable Premier agree with me alcohol sales and to make sure that we can make that this money is a sound investment in the future them sustainable for the future. and will go a long way to not only making the clubs sustainable, but also providing jobs in our community? The Speaker: Thank you. Mr. Tyrrell, you are entitled to a supplemen- The Speaker: Thank you. tary, not a further question. Do you have a supple- Mr. Premier. mentary?

Hon. E. David Burt: Mr. Speaker, I thank the Hon- Mr. Neville S. Tyrrell: I do have a supplementary, Mr. ourable Member for his question and highlighting this Speaker. particularly important issue. One of the things that is important that the The Speaker: Put your supplementary. Government has committed to certainly is to make sure that we support our community clubs and our SUPPLEMENTARY community organisations. I remember prior to the 2017 election that I was talking about the amount of Mr. Neville S. Tyrrell: Firstly, I thank the Premier for money that was being spent on the America’s Cup. his extensive response. And my thought was that if we can find money for that, Can the Honourable Premier please speak to why can we not find money to invest in our community other support that may be provided to community sporting organisations? And that, Mr. Speaker, is ex- clubs that can assist them in becoming sustainable in actly what we have done. the long run? So while at the same point in time Bermuda’s Tourism Authority has given sponsorship for the The Speaker: Premier. SailGP event, which they felt would be an excellent investment (and the Government supported their de- Hon. E. David Burt: Mr. Speaker, I thank the Hon- cision in that regard, and it came out of their existing ourable Member for his question because it is a good budgets, not additional budgets), at the same time, we point. made sure that we provided money not only to our There is one thing about giving one-time capi- community clubs, but in this specific instance our his- tal grant assistance to develop funds, but there is a torically Black sailing clubs, which are East End Mini question of the long-term sustainability. And that is Yacht Club, Mid Atlantic Boat & Sports Club and West one of the things that the Bermuda Economic Devel- End Sailboat Club, with grants so that they can up- opment Corporation has been focused on, ensuring grade their facilities. the long-term sustainability of the sporting clubs. As we continue to promote yacht tourism, as Whether it is for the provision of accounting assis- we continue to promote boat tourism, as we continue tance or whether it is for the provision of up-front to demonstrate our maritime heritage, we will demon- loans in order to invest in alcohol beverage control strate that our maritime heritage is not just sailing equipment which will enable the clubs to manage their ships and mega-yachts, but it is also our maritime her- inventory better and to make sure they have better itage rich in history in Bermuda full of Black sailors revenue as they go forward and better accounting and the contribution of which they have made. And controls on their items. our sporting clubs and our historically Black sailing Those are some of the challenges, Mr. clubs are a very good example of that. Speaker. I have been in club life before, as I am sure On a broader level, Mr. Speaker, the commit- a number of Members have been. And those are the ment of which we have made has provided numerous things which we are working with community clubs on jobs. When we look across the country, whether it be to ensure that they can be sustainable over the long Harrington Sound Workmen’s Club down there in term. Devil’s Hole (which is the constituency of the Honour- I had a conversation recently with the newly able Member from constituency 7), and the work and elected president of the Bailey’s Bay Cricket Club (his the upgrades which they have been able to make, to name is Mr. Stephen Outerbridge) on this exact topic, that place; whether or not he goes in the west, Mr. Mr. Speaker. And the Government has committed to Speaker, closer to your home at the Somerset Cricket supporting the Bailey’s Bay Cricket Club through the Club, insofar as the replacement of their floors which Bermuda Economic Development Corporation with a they were having issues with and the support of which loan to make sure that they can go ahead and put in Bermuda House of Assembly 1254 26 March 2021 Official Hansard Report place alcohol beverage control equipment which will that there have been successful prosecutions. I think see them be more sustainable in the long run, reduce the one that I know about were parties that were held wastage and also make sure that they can increase over the summer that were in violation of the [size of] their revenues. meetings. And the organisers, I think, were prosecut- ed. But I do not know of other matters. The Speaker: Thank you, Member Tyrrell and Prem- Of course, during emergency powers, I know ier. that there were people who were brought before the The next Member whom I have on my list this courts for curfew violations and violation of shelter in morning would be MP Pearman. place. I do not know the exact number. I am happy to MP Pearman, would you like to put your ques- . . . I mean, the question should certainly be directed tion? to the DPP’s office and for the police side. But if the Honourable Member wants to sub- Mr. Scott Pearman: Thank you, Mr. Speaker. Can mit a written question on that, I am sure the Govern- you see me and hear me? ment can find the answer to a specific number.

The Speaker: I can see you, and I can hear you. The Speaker: Thank you.

QUESTION: ENFORCEMENT OF COVID-19 Mr. Scott Pearman: Second question. REGULATIONS The Speaker: No, no. You are only allowed one ques- Mr. Scott Pearman: Fantastic. tion, one supplementary under Premier’s Questions. Thinking about a point from the Opposition Leader, Honourable Premier, are you able to tell us Mr. Scott Pearman: Thank you. whether there have been any successful prosecutions for breach of the government regulations since the The Speaker: Yes. commencement of COVID-19? The next Member on the list this morning is MP Famous. The Speaker: Premier. MP, would you like to put your question?

Hon. E. David Burt: I can answer the question by Mr. Christopher Famous: Good morning, Mr. saying yes, there have been. Speaker. Mr. Speaker? Mr. Scott Pearman: Thank you. Supplementary? The Speaker: Yes.

The Speaker: Supplementary, yes. Mr. Christopher Famous: Good morning. Can you see me? SUPPLEMENTARY The Speaker: Actually, before I do that . . . my fault. Mr. Scott Pearman: Honourable Premier, are you Mr. Pearman, you are allowed two supple- able to give us a rough estimate of how many suc- mentaries, one question or two supplementaries. Did cessful prosecutions there have been in terms of 10s you want to put a supplementary or a new question? or 20s or 100s? Mr. Scott Pearman: I thought it was two questions. Hon. E. David Burt: Mr. Speaker, shall I answer? But—

The Speaker: Yes. The question is: Can you give a The Speaker: No, no; one question, two supplemen- number? taries. Is that it? Mr. Scott Pearman: And the Opposition Leader got Mr. Scott Pearman: Yes, a rough number, a rough three. I noticed Mr. Tyrrell got two. estimate. The Speaker: The Opposition Leader gets three The Speaker: A rough number. questions and two supplementaries to each question, but all other Members get one question and two sup- Mr. Scott Pearman: Is it 10? Is it 20? Is it 100? plementaries. If you have a supplementary, we will take your Hon. E. David Burt: Mr. Speaker, I do not have that supplementary. information off the top of my head. But I am aware Bermuda House of Assembly Official Hansard Report 26 March 2021 1255

Hon. E. David Burt: Mr. Speaker, point of order. higher rates of return for savings for individuals, I think that it is important that Bermuda strike out and early. Mr. Scott Pearman: I will not eat up further time. That was the visionary commitment of which Thank you, Mr. Speaker. we made in our election manifesto. And as of March, we are expected to have a full business plan for the The Speaker: Okay. Thank you. National Digital Bank by the summer. And I am certain MP Famous, do you have your question? that this will be delivered in July. So we will be able to have a full business plan on how the country can ad- Mr. Christopher Famous: Good morning, Mr. vance and will answer a lot of the questions which I Speaker. Can you see me? know people have.

The Speaker: Yes, I can see you. Mr. Christopher Famous: Mr. Speaker, I have a supplementary. Mr. Christopher Famous: Okay. This is the one day you are going to see me in red, Manchester United. The Speaker: Thank you. Do you have a supplementary? The Speaker: Yes. You could wear blue today for [Manchester] City. But go ahead. Mr. Christopher Famous: Yes, Mr. Speaker, one supplementary. QUESTION: NATIONAL DIGITAL BANK UPDATE The Speaker: Put your supplementary. Mr. Christopher Famous: We know all that. Mr. Speaker, one of the Government’s prima- SUPPLEMENTARY ry pledges in its election manifesto, which we all walked around with in that platform, was to implement a national digital bank. Can the Honourable Premier Mr. Christopher Famous: Thank you, Mr. Speaker. please, please, please, please update the Honourable Thank you for the Premier’s answer. House on if there is any progress on this important Now that he has explained the progress of it, initiative? The people really want to know. would he be so kind and gracious as to explain in laymen’s term to the listening audience what a nation- The Speaker: Thank you. al digital bank is, because many people are not quite Premier. familiar with the concept.

Hon. E. David Burt: Thank you very much, Mr. The Speaker: Premier. Speaker. And I thank the Honourable Member for his question, as the National Digital Bank is certainly a Hon. E. David Burt: Mr. Speaker, I thank the Member priority of this Government. for his question. But what I can confirm to the Honourable The concept of the National Digital Bank is Member is that the work has commenced. A team has that right now we have traditional banks inside of the been put together who is leading this initiative with country. And there are new types of banks that are individuals from not only the Ministry of Finance, but emerging in the future. And those are ones that are also from the Cabinet Office. The stakeholder consul- operating on different platforms, which are digital tation is about to commence. The stakeholder consul- banks insofar as they use technology and they are tation will be broad, not only with our local banking built on technology at their core. For instance, we sector and the Bermuda Monetary Authority, but also have lenders in Bermuda, we have small businesses our local international business sector, our local busi- in Bermuda that cannot access international digital ness sector, the Chamber of Commerce, in addition to services such as PayPal to receive those types of our union partners who are going to be instrumental in funds and hence to be able to make sure that they this initiative as well. So the work has commenced. transact in the digital economy as well. There will also be briefings, I am happy to The view of the Government of Bermuda is share with the Honourable Member, for not only that every individual person will be able to own shares Members of the Government side, but also Members in the National Digital Bank. Every Bermudian will be of the Opposition. Because I know that a lot of people offered the opportunity to do so and to make sure that have questions over what the National Digital Bank we help build a nation of owners. This means that if will offer and what it will be. you like having a mortgage at the National Digital But I think, Mr. Speaker, as we see that the Bank in the future and you repay your mortgage, you world of FinTech is expanding, as we are seeing that repay your interest rate (which we hope will provide there are different services that can be offered that additional banking competition in the country), at a provide lower rates of financing for individuals and Bermuda House of Assembly 1256 26 March 2021 Official Hansard Report point in time you will also receive the dividend from transmission . . . I see the confused look on your face, your ownership stake. MP Dunkley, so let me help. Local transmission is— I think that building a nation of owners is im- portant. And one of the core tenets of the National Hon. Michael H. Dunkley: I am not confused; I am Digital Bank is that ownership will be available and just listening and looking, Premier. open to members of the public. Every Bermudian will be given an opportunity to own a piece of that bank, Hon. E. David Burt: Okay. If I were to transmit to one whereas right now most of our local banks are owned person or another, that would be local transmission. by persons who are not in Bermuda, whether they be And if I am, for instance, in a household or a overseas entities or whether they be listed probably workplace—you know where the contact was. It was on the New York Stock Exchange or other interna- someone who was positive. They have been quaran- tional exchanges. tined. Their contacts were quarantined. And then their But at the core, Mr. Speaker, it is a financial contacts tested positive. That would be classed as institution that is owned by Bermudians that will be local transmission of a known case. But it is locally able to provide competition in the market and open acquired; the case was locally acquired. access to digital services that Bermudians currently What I think it is important to note is just be- do not have access to. cause an under-investigation number is growing at the rate it is, it should be noted that the under- The Speaker: Thank you, MP Famous and Premier. investigation number is a function of the resources The next Member on the list is MP Dunkley. that the Department of Health will have to assign peo- MP Dunkley, would you like to put your ques- ple to investigate. So, for instance, a link can become tion? apparent in a day or two. But as we are putting out the report at the time in which they get the case, for in- QUESTION: COVID-19, LOCAL TRANSMISSION stance, the cases may come to the lab at twelve VERSUS COMMUNITY TRANSMISSION o’clock. The report is prepared at 4:00. The people who work in— Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good morning. The Speaker: Mr. Premier. I take that sound remind- I would like to return to the pressing pandemic ing me that the 30 minutes is up. I did not realise it we have of COVID-19. Mr. Speaker, in light of the 201 had gone that quickly myself. That is 30 minutes al- cases announced just in March alone, in the last two lowed for the Premier’s Question Time. days within 40 cases and 34 cases, and of those cas- We will now move on to a new 60 minutes for es, 10 have been under investigation (of the 40), and questions for the regular Question Period. 18 under investigation (of the 34). Government always talks about local transmission. Can the Honourable QUESTION PERIOD Premier please define local transmission versus community transmission? The Speaker: There are no written questions this morning. So the questions for the regular Question The Speaker: Premier. Period will come from today’s Statements that were given by Ministers. And we have three Members who Hon. E. David Burt: Happy to make the distinction. wish to ask questions this morning. Local transmission is a definition of how transmission MP Swan has indicated that he would like to happens. So there are only two types of transmission. put a question on the first Statement from the Minister There is imported, where the case was imported and of Finance. And I will start the 60 minutes. where someone had a link to travel. Or there is local MP Swan, you can put your question to the transmission where someone has been identified to Minister. contract that case locally. If someone has not returned from travel, it is assumed that they have contracted Mr. Hubert (Kim) E. Swan: Yes. Good morning, Mr. that case locally. They may have contracted it from a Speaker. traveller; they may have contracted it from someone Members of the Opposition used to always else. speak about FinTech in a negative manner. Can the What community transmission is, and a defini- Minister update the Honourable House on the pro- tion of community transmission is if there are multiple gress Bermuda is making in the FinTech area? cases of local transmission that cannot be linked to a Thank you, Mr. Speaker. source. Now, I want to caution the Honourable Mem- The Speaker: Minister Premier . . . I am sorry, Minis- ber because he raises the issue of among . . . it can- ter of Finance, go ahead. not be linked to another person. I am sorry. So local

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Hon. Curtis L. Dickinson: Mr. Speaker, I thought the The Speaker: Thank you. questions were limited to the Statement that I gave Minister. this morning. Hon. Curtis L. Dickinson: Mr. Speaker, I am not an Hon. Michael H. Dunkley: Yes, Mr. Speaker. That accountant. I have never had the responsibility for was my point of order. I think the Question Period for producing financial statements other than for a small the Premier has ended. family trust, which I think I stopped doing after the first couple of attempts at it. The Speaker: Yes. No, this question is for the Statement. That is [Laughter] why I corrected myself. I did call on the Premier; I was used to calling on the Premier for the last 30 minutes. Hon. Curtis L. Dickinson: What I will say is that I But we are now at the Statements. fundamentally believe that we have a bit of a capacity And the question that Mr. Swan has indicated problem. And given the number of financial state- in the chat here is . . . MP Swan, you indicated you ments that are outstanding, I think it is proverbial had a question for the Minister of Finance. And so I drinking from the fire hydrant in trying to get current on put you down. them. So my approach to resolving the issue will be Hon. N. H. Cole Simons: And the Minister of Finance to look to get external assistance in helping us to work said it is not relevant. through the backlog. I committed about a year ago in this House to work to address this challenge. And The Speaker: I am going through my chat list again. while I do not want to use COVID-19 as an excuse, From MP Swan . . . okay. All right. certainly the pandemic of the last year has focused MP Swan, I take it that your question is being our energies in other places. And the energy that withdrawn? should have been probably focused on this issue was not. Hon. N. H. Cole Simons: I have a question, Mr. I again commit that over the course of the Speaker. next 12 months we will get some external assistance to help us to bring these financial statements more The Speaker: And we have the Opposition Leader. current. We will move on to your question for the Minister of Finance. The Speaker: Supplementary?

Hon. N. H. Cole Simons: Hello? Hon. N. H. Cole Simons: Yes, Mr. Speaker.

The Speaker: Yes. You can put your question to the The Speaker: Go ahead. Minister of Finance. SUPPLEMENTARY QUESTION 1: CONSOLIDATED FUND FINANCIAL STATEMENTS YEAR ENDING Hon. N. H. Cole Simons: Would the Minister of Fi- MARCH 31, 2020 nance be amenable to working with the PAC in help- ing the Ministry to address this problem? We will be Hon. N. H. Cole Simons: Thank you, Mr. Speaker. looking at it as well, and so it makes no sense our My question revolves around the Consolidat- working in parallel, so would he be willing to have his ed Financial Statements. And I will go on the record team work with us in addressing this issue in regard to saying that this is not a current problem; this has been the Consolidated Financial Statements? a problem for a while. And it has been on a number of audit reports. The Speaker: Minister. I am interested to see what plans the Minister of Finance has in regard to a roadmap to begin to ad- Hon. Curtis L. Dickinson: I am more than willing to dress the delivery of the Consolidated Financial work with the Public Accounts Committee. I think it is Statements. I would say this: We in the Public Ac- an expectation for the occupant of this seat to work counts Committee [PAC] are working on that as well, with that body anyway. And so, inasmuch as there are and we will be happy to work with a team if he is will- insights that can be gleaned from collaborating, I am ing to appoint one. certainly willing to work with folks. So can the Minister provide a roadmap on I can tell you that I have been consistently or how he intends to address the perennial challenge of perpetually disappointed in the current state of affairs producing Consolidated Financial Statements? with respect to the outstanding financial statements. And I believe that we should be setting an example. Bermuda House of Assembly 1258 26 March 2021 Official Hansard Report

So, inasmuch as we can get this resolved in the This has been an issue I think that has been course of the next 12 months, the better. outstanding for a long time. And I think the comment, the observation, has probably been made by succes- The Speaker: Thank you. sive Auditors General with respect to the Consolidated Do you have a further question? Financial Statements.

Hon. N. H. Cole Simons: No. I have no further ques- Mr. Scott Pearman: Thank you, Mr. Speaker. tions, Mr. Speaker. The Speaker: Supplementary? The Speaker: Thank you. Minister, there is another Member who wishes Mr. Scott Pearman: No supplementary. to put a question to you in reference to your State- And it is a fair observation. And that was the ment. And that is MP Pearman. point I was asking about. MP Pearman, would you like to put your ques- I have a second question. tion? The Speaker: Second question? [No audible response] Mr. Scott Pearman: I do. Hon. Curtis L. Dickinson: You are on mute. The Speaker: Yes. The Speaker: Yes. MP, we can see you, but we can- not hear you. QUESTION 2: CONSOLIDATED FUND FINANCIAL STATEMENTS YEAR ENDING Mr. Scott Pearman: Thank you, Mr. Speaker. Apolo- MARCH 31, 2020 gies. Can you now see me and hear me, Mr. Speak- er? Mr. Scott Pearman: Honourable Finance Minister, you gave us a lot of different numbers during your The Speaker: We hear you, but we do not see you Statement, all of which were helpful. But just for the this time. Now we see you and hear you. benefit of the listening audience, what is our current debt position, both gross debt and net debt, on your [Laughter] most recent calculation?

QUESTION 1: CONSOLIDATED FUND The Speaker: Minister. FINANCIAL STATEMENTS YEAR ENDING MARCH 31, 2020 Hon. Curtis L. Dickinson: Mr. Speaker, according to the [Government] Loans Act, the gross debt number is Mr. Scott Pearman: I am grateful. $3.35 billion, and the net of that number is just slightly Honourable Minister of Finance, you men- less than $3 billion. tioned during your Statement the concern or the ob- servation by the Auditor about how the Consolidated Mr. Scott Pearman: Thank you, Minister. Thank you, Financial Statements do not show the full position. Is Mr. Speaker. that a structural issue that you intend to address? And if so, how? Thank you. The Speaker: No supplementary? No more ques- tions? Good. The Speaker: Minister. And that was the last Member who had a question for you, Minister. So we will move on to the Hon. Curtis L. Dickinson: Mr. Speaker, I believe the next Statement. The next Statement this morning that Auditor General’s comment relates to the observation has questions is that of the Minister of Works. that the Consolidated Financial Statements do not Minister of Works, MP Cannonier has a ques- represent the consolidated picture of the government tion for you. by virtue of the fact that there are certain financial MP, would you like to put your question? statements that have yet to be prepared and a num- ber are outstanding. So I believe that issue gets re- Mr. L. Craig Cannonier: I am just trying to get my solved with the completion of the outstanding financial microphone—there you go. Let me turn my camera statements. Therein she can have a set of financials back on. for each requisite period that are totally [complete] to provide a fully consolidated view of the position of The Speaker: Yes. We can see you and hear you. government.

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QUESTION 1: STIMULUS PROGRAMME tors are employed by them. And in order to assist with FURTHER UPDATE cash flow, the protocol is that if the bills and all of the paperwork are submitted by Tuesday of a week, they Mr. L. Craig Cannonier: Thank you very much. will receive funding on the Friday. And so those ar- On page 1, Minister Burch mentions about the rangements will be made on an individual case-by- challenge that the small to medium-sized businesses case basis with the contractor, depending on the type are having. And he mentions the challenge of cash of work that is being asked to be done. flow. And knowing this all too well, are there any pro- visions, or has it come up from some of these works The Speaker: Thank you. that a provision be made where supplies might be Supplementary or further question? purchased by government to assist these guys who may not be able to, for whatever project, come up with Mr. L. Craig Cannonier: Thank you. the monies with cash flow for all of the project or its needs? The Speaker: That is it? Okay. Minister, I think that is the only Member who The Speaker: Minister. had a question for you. The next Statement was by the Minister of Lt. Col. Hon. David A. Burch: The short answer is Education. Minister, you actually have a couple of yes. In some cases the projects that are being en- Members . . . actually, a few Members who would like gaged, just an example, the railings along the high- to put a question to you. The first is MP Jackson. ways and byways, we have a significant number of MP, would you like to put your question? those that we have not been able to get to over the last couple of years. We are purchasing the materials QUESTION 1: COVID-19 IMPACT ON for that and will provide that to any successful bidder. PUBLIC SCHOOLS

The Speaker: Thank you. Ms. Susan E. Jackson: Good morning, Mr. Speaker, Supplementary? and good morning, Minister. I am going to start on page 5. I am interested SUPPLEMENTARY in the health travel authorisation form. My question to the Minister is: Will these questions be added to the Mr. L. Craig Cannonier: Yes. Thank you. health travel authorisation form in order to capture any The Minister mentioned that they have an ag- children who are returning from any spring or Easter gressive schedule where they have worked out that vacations overseas? these small to medium-sized businesses would be paid every two weeks. And so is he saying that for The Speaker: Thank you. some of these projects it will be an ongoing payment Minister. for them? For instance, maybe someone would put half down paid at the beginning and then half paid at Hon. Diallo V. S. Rabain: Thank you for that ques- the end of the project. Can he give us an idea of some tion. of the contractual payment plans that they have with So we have finalised the questions and sub- some of these firms? (If that is making any sense to mitted them. That is an interesting question; I thank him.) you for that. And we will endeavour to have them added as soon as possible. The Speaker: Minister. The Speaker: Thank you. Mr. L. Craig Cannonier: It would be rather unique Supplementary? with construction companies. Ms. Susan E. Jackson: Yes, I do, Mr. Speaker. The Speaker: Minister. The Speaker: Put your supplementary. Lt. Col. Hon. David A. Burch: Yes, Mr. Speaker. The short answer is that we are adapting to SUPPLEMENTARIES the actual needs of each individual case. As an ex- ample, if a contractor gets two or three of these sites Ms. Susan E. Jackson: Thank you. for railings, that will take a lot less time than a contrac- Again with the health travel authorisation tor who gets the contract to outfit one of the Artemis form, in a paragraph on page 5 there is a statement of buildings at the quarry. And so the aim here is to uti- return to school protocols. And I am just wondering lise the protocols that we have used at WEDCO, whether this means that the Ministry of Education will BLDC and BHC in the sense that many small contrac- Bermuda House of Assembly 1260 26 March 2021 Official Hansard Report be introducing quarantine on day 4, day 8 and day 14 For the most part, parents have been keeping their testing for children? children home if they have travelled. But we want to just put something formally in place so we can capture The Speaker: Thank you. that data.

Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Ms. Susan E. Jackson: Okay. The return-to-school protocols have been in place since about January of this year once the im- The Speaker: Supplementary or a new question? munisations [began]. And so they can be found on the government coronavirus website under Travel. And Ms. Susan E. Jackson: Supplementary. what has to happen is very explicit. If a child is in con- tact with someone who has travelled, there are very [Inaudible interjections] specific guidelines there. So [INAUDIBLE] in place for children except The Speaker: Actually, you already had two supple- the requirement of an eight-day negative test if they mentaries. This one has to be your second question. are . . . ideally, we want them to be out for 14 days, but a return can be had after an 8-day negative test if Ms. Susan E. Jackson: I tried. I tried. they have been in contact with someone who has travelled. But all of those protocols, as I said, they [Laughter] have been in place on the website since the beginning of this pandemic. And they have been updated as of The Speaker: Yes. January of this year to reflect immunisations that have been going on. QUESTION 2: COVID-19 IMPACT ON PUBLIC SCHOOLS The Speaker: Thank you. Supplementary? Ms. Susan E. Jackson: Yes. I am moving on. So this is just further up on page 5. There is Ms. Susan E. Jackson: Yes, just real quickly. discussion about within the schools the mask-wearing policy, and the procedures that will be followed for The Speaker: All right. New question? noncompliance or refusal to wear masks by students and staff. And I am just curious about the procedure Ms. Susan E. Jackson: This is a supplementary just for noncompliance. So what happens? What is the to clarify. procedure if a student or a teacher does not comply So if a student travels overseas, when they with wearing a mask? What is that procedure? come back are they going to be quarantined and then follow the health protocols of testing? If the student The Speaker: Minister. travels. Hon. Diallo V. S. Rabain: Thank you for that ques- Hon. Diallo V. S. Rabain: Oh, I was waiting for you to tion. say go, Mr. Speaker. During our discussions with the BUT, one of the things that they repeatedly raised was teachers The Speaker: Yes. Go ahead. I am sorry. feeling helpless about students not wearing masks or refusing to wear masks. But the policy was introduced Hon. Diallo V. S. Rabain: Perhaps my answer was to give guidelines for responses to the various infrac- not clear. But the travel protocols are a requirement tions. And some of those infractions include [from] for everyone who travels, and, in addition, for any stu- ordering to wear a mask to in-school suspensions to dent who just happens to be in a household of anyone actual suspension from school and to the custody of who travels. So, yes; the travel protocols are for any- the parent for not wearing a mask. And the option one who travels and anyone who has direct contact where the teachers deal with the current disciplinary with a student—anyone who travels who has direct action as negotiated in the CBA [collective bargaining contact with a student. agreement] between the BUT. Translation is if a parent travels and comes back, their student is not allowed in school until they Ms. Susan E. Jackson: Thank you. have gone through the required protocols. And the reason we want to add that to the authorisation is be- The Speaker: Supplementary or— cause there has been anecdotal evidence of parents travelling and still sending their children to school. And Ms. Susan E. Jackson: I do not have supplemen- so what we want to do is capture that on the [form] of taries. Do I get another question? the person who is trying to, using the honour system. Bermuda House of Assembly Official Hansard Report 26 March 2021 1261

The Speaker: You have a third question, yes. SUPPLEMENTARY

QUESTION 3: COVID-19 IMPACT ON Ms. Susan E. Jackson: I am just sort of working PUBLIC SCHOOLS through because there are so many layers to this. But generally speaking, Minister, if a family unit has been Ms. Susan E. Jackson: Okay. This is with regard to quarantined because there is the suspicion of expo- page 1, I believe, where students and families can be sure, under what circumstances can any family mem- quarantined because of positive testing in the schools. ber in that unit that is quarantined be allowed outside And I am just curious whether . . . I know the general of the house? Like how does that work? quarantine rules. But will the students then get tested on day 4, day 8, day 14? Will there be a testing re- The Speaker: Minister. Go ahead. gime? And the reason I am asking, Minister, is that Hon. Diallo V. S. Rabain: Okay. Again that is a very sometimes people do not test positive until like 14 topical question. All letters that get sent out by the days after. Department of Health concerning the quarantining . . . and, Mr. Speaker, if you will allow me to read directly The Speaker: Minister. Yes, you can go right ahead, from the letter? Minister. The Speaker: Yes. Yes, go right ahead. Hon. Diallo V. S. Rabain: Again, thanks for that ques- tion. Hon. Diallo V. S. Rabain: And it says, and I quote, And this is where we also talked about in the “[T]he child’s main caregiver(s) and close contacts Statement about having our notices a little bit clearer within the home, who cannot separate from the child and having more detail. In all letters that are sent out (separate bedroom and bathroom, no common spac- to schools (because they are not public domain and es) must also remain at home. Other household they are sent only specifically to the parents and the members, including brothers and sisters, who are able teachers who have to quarantine), all of them state to separate from the child within the home are not re- • this is day 1, the date of exposure; quired to remain at home unless your child is experi- • the date that they have to report for their initial encing COVID-19 symptoms or has a positive COVID- testing; and 19 test.” • the date (14th day) that they have to report for That is included in every letter that goes out. their mandatory testing. And in a nutshell it states that if you can separate from And that a positive test on day 14 is the only indication the person who has been deemed to be in need to be that they can return to school or face a quarantine. quarantined at home, you are allowed to leave the So that is something that is standard in all home and not be under the same quarantine letters sent out from the Department of Health. Fortu- measures. nately, those letters are not necessarily made public. I think it is also important to point out that But it is something that we understand needs to prob- when we quarantine bubbles what we have seen are ably be added to the FAQs that I discussed in here so one or two cases of actual positive tests within those people have a better understanding of what that pro- bubbles and not the entire bubble. But the entire bub- cess is. ble, as I said when you asked in your previous ques- So the answer to your question is, whenever a tion, is tested [INAUDIBLE] the first time that it is de- class, a cohort, a bubble, a teacher, et cetera, has termined that they need to quarantine. And they are been determined by the Department of Health that tested on day 14 after what day it was determined they have to quarantine, there is a test that they have their initial exposure is. So they are required to quar- to take when they are quarantined. And there is a test antine for that full time, and a negative test on the day they have to take on the day 14 after the initial expo- 14 is what is required in order to stop quarantine. sure that they have to take. A negative response from If you can separate within your own home and that day 14 test is required before they are allowed to the child has not tested positive, but is only on quar- return back to the school. antine out of precaution and is not showing any symp- toms, you as a separate individual in the household The Speaker: Thank you. [may not be] subject to the quarantine. Do you have a supplementary for this? The Speaker: Thank you, Minister. Ms. Susan E. Jackson: Yes, I do. Do you have a second supplementary?

The Speaker: Put your supplementary. Ms. Susan E. Jackson: Not today. Thank you, Mr. Speaker. I am done.

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The Speaker: Okay. Thank you for your questions. early. What avenues do these people have to secure Minister, there are others who have questions some type of compensation during this period when for you. Minister, the next Member is MP Dunkley. they are forced to be home and not able to work? MP Dunkley, would you like to put your ques- tion at this time? The Speaker: Minister.

QUESTION 1: COVID-19 IMPACT ON Hon. Diallo V. S. Rabain: That is a good question. I PUBLIC SCHOOLS thank the Member for that question. One of the things I do want to preface that Hon. Michael H. Dunkley: Thank you, Mr. Speaker. with is that we recognise that where we are with First off, just let me thank everyone in Educa- COVID-19. And as I said in the Statement, what is tion who is making the best of a very poor situation. happening in our community invariably ends up in our The question to the Honourable Minister is: In schools as well. Next week our students would have light of last week, the last three reporting days saw 7, been in school for three-and-a-half days because it 18 and 22 confirmed cases of COVID-19. Did the was a half-day on Thursday. And when I look at the Government think that they underestimated the gravity decision and I looked at the potential of someone hav- of the situation to announce in-school learning would ing to be out for 14 days on quarantine versus finding continue last week only to change and reverse that some additional help for those three-and-a-half days, decision earlier this week to close schools? that was part of the decision process as well. Three- and-a-half days of finding additional support for your The Speaker: Minister. child is a whole lot different than having 14 mandatory days of being out. Hon. Diallo V. S. Rabain: Thank you. And actually, But I do believe, and I would defer to the no, I do not. The decision, as I said, to close schools Premier, that there was an announcement that came early was based on the data, based on all of the in- out that we would be looking at how we could finan- formation that has been collected and also the psy- cially help persons affected by some of these shut- chological impact it was having on our teachers. We downs, expanding that process once again as we did announced that we would . . . we put out a statement last year. But I do not want to speak ahead of that. But that said that this is what would guide our decision. I do believe I did receive some information that this And I do believe that the decision ultimately was made was going to happen. under those same guidance principles. This is one of those things that actually has The Speaker: Thank you, Minister. the ability to change from day to day. But because we Is there a supplementary? say something on Monday and we continue to monitor what is going on with the situation, the decision could Hon. Michael H. Dunkley: Just in brief response to change invariably by Wednesday. But the key to these that, I appreciate the Minister’s saying he would look decisions is to make them in such a way that they can into it. Because I know, for example, there are gov- be quantified and they can actually do what we nec- ernment workers who have been forced to take spe- essarily needed to do. And that is to protect our stu- cial leave or annual vacation in this case. So I think it dents, at the end of the day. would be something to look at.

The Speaker: Thank you, Minister. The Speaker: Thank you. Thank you. Supplementary? Hon. Michael H. Dunkley: But that answered my Hon. Michael H. Dunkley: Yes. Thank you, Mr. question, Mr. Speaker. I appreciate your time. Speaker, and thank you, Minister, for the answer. My second question, not a supplementary. The Speaker: Okay. Minister, the next Member who has indicated The Speaker: Second question, not a supplemen- they have questions for you is the Opposition Whip. tary? Okay, second question. Honourable Member, would you like to put your question? QUESTION 2: COVID-19 IMPACT ON PUBLIC SCHOOLS QUESTION 1: COVID-19 IMPACT ON PUBLIC SCHOOLS Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Minister, this is in regard to compensation for Mr. Jarion Richardson: Thank you, Mr. Speaker. I those who have been forced to quarantine and for am just waiting for my video to start. Okay. those parents who now have to miss work to take care With respect to the matter raised by the Minis- of younger children now that the schools have closed ter in his Statement, I believe on the second page the Bermuda House of Assembly Official Hansard Report 26 March 2021 1263

Minister spoke about the disruption to children’s learn- suspended, remote learning took its place. And that ing. And given that there has been disruption for the was what I was answering. Learning still occurred; it last year, or last school term and this school term, just was not occurring inside of a classroom. would the Honourable Minister please clarify what This is the only case where we are stopping those disruptions have been in terms of, is it just de- early and not providing remote learning instead. But layed curriculum? Have exam schedules been offset? what we have asked all of our schools to do is supply Can he speak to what those disruptions have been so work packets for our children to work on during those far in public school education? three-and-a-half days that they will be out next week. Thank you. It will be slightly different from the work packet that you do when you are on remote [learning]. But we The Speaker: Thank you. have just asked, [to give] some assistance to the par- Minister. ents while [the students] are home, for something for the children to actually engage in and still have some Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. form of learning, that a work package be sent to them Thus far, it would be the three-and-a-half days for them to look into. that the children would have been in school next But, I mean, I would be remiss to say that week. All previous stoppages were utilised . . . [in] all there has not been some impact on some of our stu- previous stoppages, remote learning was utilised to dents because of some stoppages and the move to undo the stoppages. remote versus being in class. And so these will be handled on an individual basis. I do not think I can The Speaker: Supplementary? answer right now who each student individually is. But I will admit that there are some students who have SUPPLEMENTARY fallen behind because of the stoppages. And there are some students who have remained where they need Mr. Jarion Richardson: Yes. Thank you, Mr. Speak- to be. So a lot of this has to do with their engagement er. at home and the ability for the parents to actually as- For the avoidance of doubt, the Minister is sist them and move forward. saying that there has been no disruption to the learn- But we will always look to ensure that our stu- ing schedule other than the three-and-a-half days of dents are kept up to date. And that will happen on an last week or this week coming? individual basis or when they are actually in the school in the actual building. The Speaker: Is your question complete? Minister. The Speaker: Thank you, Minister. Minister? Is there a supplementary?

Hon. Diallo V. S. Rabain: Oh, I thought that was a Ms. Susan E. Jackson: I have a supplementary. comment and not an actual question. The Speaker: Put your supplementary, MP. The Speaker: I was asking, too. Are you finished with your question there, SUPPLEMENTARY Whip? Ms. Susan E. Jackson: Thank you. Mr. Jarion Richardson: For the avoidance of doubt— My supplementary is: What support, academic yes. I thought that was a question. or otherwise, is being provided to students impacted by the social deprivation? I mean, the children are just Hon. Diallo V. S. Rabain: Okay. We can answer that. devastated that they have not had a chance to social- ise even more than the academics with the kids. What The Speaker: Okay, Honourable Minister. Go ahead support services are being provided just generally to and respond, Minister. help children to navigate through this socially isolating environment at such a critical time? Hon. Diallo V. S. Rabain: As stated in the Statement, the best possible place for our children to be is in The Speaker: Thank you. school and learning. However, we have done what we Minister. needed to do in terms of bringing in the remote learn- ing process. There are processes in place to test . . . Hon. Diallo V. S. Rabain: Thank you. That is an im- well, not test, but actually see where our children are portant question. as a result of the various functions. But the question The Commissioner of Education recognises he asked was about the learning. I am stating simply that social support has to be put in place, but not just that in previous cases when in-school learning was for our students but for our teachers as well. And she Bermuda House of Assembly 1264 26 March 2021 Official Hansard Report has put things in place. I honestly cannot speak to The Speaker: Thank you, Minister. exactly what they are, but we have talked about it, and That was your second supplementary. New she always talks about the importance of it. But things question? have been put in place to support not only the stu- dents, but to support the teachers as well, to get them Mr. Jarion Richardson: No questions for the Minister through this thing that we are working under. of Education. Thank you, Mr. Speaker. But certainly the psychological impacts can be devastating. I know last summer my daughter being in The Speaker: Thank you, Member and Minister. middle school was like, Hey, I haven’t seen my friends in forever. Can I see my friends? And so this is what Hon. Diallo V. S. Rabain: Thank you, Honourable the plus is of having in-school learning. They do get to Member Richardson. associate with their friends; they do get to see other people except for their parents who are at home. So, The Speaker: That brings us to a close of the Ques- yes, social/mental support is in place for both the tion Period this morning. teachers and our students within our school system. And we will now move on.

Ms. Susan E. Jackson: Thank you. CONGRATULATORY AND/OR OBITUARY SPEECHES The Speaker: Thank you. Thank you, Minister. Opposition Whip, do you have a supplemen- The Speaker: Would any Member wish to make a tary to your original question, or do you want a second contribution at this time? question?

Ms. Lovitta F. Foggo: Yes, Mr. Speaker. Mr. Jarion Richardson: Yes. Would the Honourable Minister be able to tell us— The Speaker: That sounds like MP Foggo. MP Foggo, you have your three minutes. The Speaker: I did not get, is this a supplementary to your original or a new question? Ms. Lovitta F. Foggo: Thank you, Mr. Speaker. Mr. Speaker, I would like to give condolences Mr. Jarion Richardson: It is a supplementary. It is a for Mr. [Kenneth] Neil Paynter, Sr., the father of (I supplementary. think everybody knows) the St. George’s Cricket Club President, Neil Paynter, Jr. The Speaker: A supplementary. Okay. Yes.

Mr. Hubert (Kim) E. Swan: Associate me, please. SUPPLEMENTARY

Ms. Lovitta F. Foggo: I was going to do that. I would Mr. Jarion Richardson: Just as it relates to the exam like to associate the Honourable Kim Swan and the schedules and any anticipated delay in curriculum Honourable Renee Ming with these comments. delivery or children’s learning, how will the Ministry or Just suffice it to say he was a St. George’s can the Ministry, I should say (I will give him the op- figure whom everybody knew and loved. And he will portunity), commit that the remediation from any dis- be sorely missed by his family members and those ruption will take place prior to exams being delivered? who knew him, his friends and the St. George’s com- munity as a whole. The Speaker: Minister.

An Hon. Member: I would also like to be associated. Hon. Diallo V. S. Rabain: The simple answer to that has to be yes. And obviously, the Ministry of Educa- [Inaudible interjections] tion would not undertake that; it is the Education De- partment’s remit. And so I can endeavour to get more Ms. Lovitta F. Foggo: I will quickly mention his con- information on that for the Honourable Member if he nection with the RAA [Royal Artillery Association] in does wish and find out from the department what re- St. George’s. He was a figure there as well. And so sources are being put in place to ensure that our stu- that family will also miss Neil Paynter, Sr. dents have the best opportunities for these exams, I also would like to give condolences [to the whether they be checkpoint exams or they are moving family of] Ms. Millet, the mother of Victoria and Cyn- forward with their Cambridge GCSE exams. As we do thia Millet, and the loving wife of Mr. Harold Millet. Ms. know, those exams have been suspended in the UK. Millet came to Bermuda many, many years ago. She But they have been allowed to be taken externally. So was wooed by Mr. Harold Millet. She met him on a I do believe that we will be moving forward with them cruise when she was very young with her mother. And at end of the term as we normally would do. at that point in time there were very few pilots of col- Bermuda House of Assembly Official Hansard Report 26 March 2021 1265

our. But that is what connected her with Mr. Millet. The Speaker: Thank you, MP. They married, and she lived her life here in Bermuda Does any other Member wish to make a con- with her husband. She was originally from New York. tribution? Ms. Millet, who was my constituent, was an extremely, extremely smart woman. She demonstrat- Mr. Jamahl S. Simmons: Mr. Speaker. ed that in her mothering and in ensuring that her daughters were well equipped educationally, with The Speaker: I am trying to hear two voices. MP Fa- Cynthia becoming a lawyer and Victoria an account- mous, is that you? ant. And whenever I visited her house, she always engaged me intellectually, and as a Black woman was Mr. Jamahl S. Simmons: MP Simmons, Mr. Speaker. very forward-thinking, very progressive with her think- ing and very supportive especially of women, but The Speaker: Oh, MP Simmons. MP Simmons, you Black people in particular, in moving forward and have your three minutes, sir. pushing us as a community to take our rightful place. So I would also like to associate, I believe, Mr. Jamahl S. Simmons: Thank you, Mr. Speaker. Minister Ming because Cynthia is now— In a land where going along to get along is as much a national pastime as football and cricket, Jan- The Speaker: Your three minutes are up, Honourable Ann Martin was a breath of fresh air. In a land where Member. Your three minutes are up. We thank you for some equate activism with calling a talk show or writ- your contribution. ing letters to the editor or posting on social media, Jan-Ann Martin was a breath of fresh air. Mr. Speaker, Ms. Lovitta F. Foggo: Thank you, Mr. Speaker. she passed this week, but she leaves behind a legacy that I think should be celebrated. She took on those The Speaker: Does any other Member wish to make who lacked the courage to put their names and faces a contribution? behind their offensive beliefs on social media. She stood up against those who would offer to open the Mr. L. Craig Cannonier: Yes, Mr. Speaker. immigration floodgates and those who snuck into Par- liament to sell off our airport. The Speaker: Is that MP Cannonier? MP Cannonier, In a land where there is so much talk, Jan you have your three minutes. Martin walked the walk. She risked arrest. She risked imprisonment. She risked economic repercussions. Mr. L. Craig Cannonier: Thank you, Mr. Speaker. And few knew that she was also risking her life. Ber- I would like to be associated with the com- muda has lost a gem that I hope, for one, will be re- ments just made by the Honourable Member Foggo in placed by 10 more like her. I pray for her family and reference to the passing of Mr. Paynter, Neil Paynter. hope that they are comforted. I know that all who I know that many in the room knew him well. I know knew her and loved her will never forget the work that our Education Minister’s father knew him very well, as she did for our country, the love she showed for her well. Neil Paynter was Uncle Paynter. Neil was a per- family and the example she set. sonal best friend of my father’s. And I can recall dur- And, Mr. Speaker, before I conclude I would ing some very troubling times back in the day for my like to be associated with the remarks noted to my St. father, Neil was there for myself, my sister and my George’s cousins, the Paynter family, Mr. Neil mother as we were young. And I cannot say enough Paynter, his sister, who passed this week. about the support that he had given during those And to Ms. Millet, whom I knew quite well—a times. great and wonderful woman—I am very shocked and And so to his family, I wake up every morning saddened by her loss. Thank you, Mr. Speaker. actually, and his house is right up off of me. So it is the first place that I see when I get up mornings. And The Speaker: Thank you, MP. he will be missed. He also worked for a company that Does any other Member wish to make a con- I have been affiliated with for many years now, and tribution? that is Esso, like my father and my uncles who were at Esso. He will be missed by the Cannonier family, all of Mr. Hubert (Kim) E. Swan: Yes, Mr. Speaker. the wonderful relationships that he had with us will be sorely missed. The Speaker: MP Swan, you have your three So our kudos go out to the family for a won- minutes. derful man who made an impact in so many ways on the community of St. George’s. And he even ventured Mr. Hubert (Kim) E. Swan: Mr. Speaker, I would like into St. David’s to give his support there as well. And to follow on where the Honourable Member, MP Sim- so I know that he will be sorely missed. mons, just concluded and offer condolences to the Thank you, Mr. Speaker. Paynter family, my good friend Neil Paynter, Jr.’s fa- Bermuda House of Assembly 1266 26 March 2021 Official Hansard Report ther, Mr. Neil Paynter, Sr. We would need to have Hon. Michael H. Dunkley: Thank you, Mr. Speaker. about 10 wakes under COVID-19 conditions only to Mr. Speaker, I would like to be associated get to about a quarter of the people who will turn out with the congratulations sent by the Honourable for that funeral. Member from constituency number 2 to professional But earlier in the day that he passed his sister, golfer Dwayne Pearman on winning the BPGA this Glenda Elizabeth Marleen Maduro, nee Paynter, past weekend at Tucker’s Point Golf Club. He had a passed away that morning. And Glenda Maduro, who tremendous three rounds of golf finishing even par. lived at Rockaway before she took ill, used to drive But I would also like to add congratulations to the Project Action bus, volunteered, and enjoyed it, Chaka DeSilva on his fine second place finish in that interacting with the seniors, Mr. Speaker. And I asso- event, and to the third place finisher, Scott Roy. Ber- ciate the Honourable Member, Ms. Foggo; the Hon- muda professional golf can certainly play well. And ourable Member, Mr. Simmons; the Honourable congratulations to the entire field. Member, Minister Renee Ming; and all other Members I have had the opportunity like some Members who wish to be associated to those condolences. Ms. of the House to play with Professional Dwayne a Maduro will be sorely missed. She made a very good number of times. And if you play with him or do not contribution during her time here in life. play with him, you ask him how his round was and he Mr. Speaker, I would like a letter of congratu- always shakes his head with a little smile and says, lations sent to my cousin. I am very proud of Dwayne Well, if I had sunk more putts, I’d have had a better Pearman, who continues his winning ways. We spent score. How true that might be for all of us golfers, Mr. a lot of time together over the last . . . well, throughout Speaker. But congratulations for winning in style and our life, but more so over the last 10 years and partic- continuing to be a fine professional. ularly the last— Mr. Speaker, I am not sure if on Monday con- dolences were passed to the family of Donald Hassell, Hon. Zane J. S. De Silva: Associate me, please, MP who passed away over this last weekend? Kim. The Speaker: Yes, they were. [Inaudible interjection] They were done on Monday, so you can as- sociate yourself. Mr. Hubert (Kim) E. Swan: I will associate the Hon- ourable Member, his partner on the golf course— Hon. Michael H. Dunkley: I would associate myself with those condolences to the family of Donald. Mr. [Inaudible interjection] Speaker, I will always remember Donald as a person who had a smile on his face. He loved Bermuda. He Mr. Hubert (Kim) E. Swan: Zane De Silva when he loved everything he did. Work was not work; work was gets fit again. And he had an outstanding win in the part of living. And especially, Mr. Speaker, as you will Bermuda PGA Championship—somewhere around 15 know [because] you hail from the West End, he loved to 20 times. He has won it so many times. But he is a the West End of the Island. He was all about Somer- fierce competitor and a real gentleman and a tourism set. He contributed greatly to our community in many ambassador. He owns a taxi while practicing his golf ways—outside of his family and friends, running a and plays internationally still at his age. And I was business, got involved in politics. Certainly at 58 years very proud that he played— old Mr. Hassell is gone too soon. So I send condolences to his family and An Hon. Member: Associate me, please. friends. Thank you, Mr. Speaker.

Mr. Hubert (Kim) E. Swan: —in the first Bermuda The Speaker: Thank you, MP. Championship in 2019. He made me very proud, rep- Would any other Member like to make your resenting his family and Bermuda and others as well. contribution at this time? Thank you, Mr. Speaker. Mr. Michael A. Weeks: Yes, Mr. Speaker. The Speaker: Thank you, Honourable Member. Does any other Honourable Member wish to The Speaker: MP Weeks. MP Weeks, you have your make a contribution at this time? three minutes.

Hon. Michael H. Dunkley: Yes, Mr. Speaker. Mr. Michael A. Weeks: Yes, Mr. Speaker, and good morning to you. An Hon. Member: Yes, Mr. Speaker. The Speaker: Good morning. The Speaker: MP Dunkley, you have your three minutes. Bermuda House of Assembly Official Hansard Report 26 March 2021 1267

Mr. Michael A. Weeks: I would like to set up my re- To me, it epitomises what can be done in this marks by asking to be associated with the condolenc- country. He was dedicated to tourism. He was dedi- es for Neil Paynter, [Sr.], and the condolences for [the cated to the culinary arts. And in the end he was a family of] Ms. Jan Martin. true entrepreneur and a true shining example for other Mr. Speaker, on a happier note, I would like to people who are thinking of pursuing culinary arts and congratulate our men’s football team. I do not know being a chef in this country. He was the bedrock of the how many people live-streamed it last night. And even Somerset community, and Somerset was truly where though the result was not favourable, we have to be his heart was. In addition, he tried to enter politics in mindful that our young players played with—not the 2017. He was unsuccessful, but I applaud him for his full score, but they played with a lot of heart and disci- efforts. He was truly a community man and a shining pline. And we need to give encouragement regardless example of what we can do in Bermuda when we of the outcome of the game because our youngsters commit ourselves to getting it done. So, condolences have a lot of potential, Mr. Speaker. So let me be first to his family. to say hats-off to them, and I would like to associate Thank you. whoever wants to be associated with that, Mr. Speak- er. But hats off to our young team! And I am looking The Speaker: Thank you. for greater and better things in the coming months, Does any other Member wish to make a con- Mr. Speaker. tribution? Thank you very much. Premier, were you still—

The Speaker: Thank you, Honourable Member. Hon. Renee Ming: Yes, Mr. Speaker. Does any other Honourable Member wish to make a contribution at this time? The Speaker: Premier, I was not ignoring you, but I think your Minister got my ear that time. [Inaudible interjections] Minister.

Hon. N. H. Cole Simons: Yes, please, Mr. Speaker. Hon. Renee Ming: Surely. Mr. Speaker, first of all—

Hon. Renee Ming: Mr. Speaker. The Speaker: You have your three minutes.

The Speaker: Opposition Leader, I see your camera Hon. Renee Ming: Thank you. Good afternoon. came on. I heard you, but there were a couple of other I would like to be associated with the com- voices. Let me take you. And then I am trying to see ments for Neil Paynter, Sr. Those from St. George’s who else was next. you would definitively have seen Mr. Paynter driving around, as he always was heading to RAA because Hon. Renee Ming: Renee Ming. he was there in an executive capacity. And he will tru- ly be missed in our community. The Speaker: There you go. Mr. Speaker, I would also like to extend con- But go ahead, Opposition Leader. gratulations to another St. George’s bye, Chaka De- Silva, on his second-place finish in the Bermuda PGA Hon. E. David Burt: And Mr. Speaker, also the Prem- golf. We look forward to him one day sitting up there ier would like to give some statements. in first place, and we will continue to watch his career progress. The Speaker: Thank you. I would also like to extend congratulations to a Opposition Leader, you have your three new church that has opened its doors in St. George’s. minutes. Although the venue is common and known to us, it is the Redeeming Grace Ministries being led by Bishop Hon. N. H. Cole Simons: I will not be long. R. Dennis Simons. They meet Fridays at 7:00 pm. But I would just like to associate myself with the as you know, Mr. Speaker, we can never have comments made in regard to Donald Hassell of Som- enough prayers, so we welcome the church into the erset. To me he was a true success story in tourism. area. At 12 years old, Mr. Speaker, he joined Henry VIII as Thank you, Mr. Speaker. a dishwasher. At 15 years old he went back and start- ed as a junior chef. He then went on to work for North The Speaker: Thank you, Minister. Rock Brewing Company again as a chef. Eventually Mr. Premier. he ended up at Country Squire as a chef. And in the end he bought Country Squire and was their head Hon. E. David Burt: Thank you, Mr. Speaker. chef there. The Speaker: You have your three minutes. Bermuda House of Assembly 1268 26 March 2021 Official Hansard Report

Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Christopher Famous: I wish to associate my- First I would like to be associated with the self—MP Swan beat me to it—with the condolences remarks which were given earlier the request for con- for Ms. Glenda Maduro, who was actually my aunt by dolences to be sent out to the Paynter family. I would marriage. Her married name is because she was mar- certainly like to be associated with those. ried to my uncle, Audley Maduro from Tortola. She Mr. Speaker, I would also like to be associat- actually lived in Portola for quite some years until she ed with the condolences given by the Honourable moved back to Bermuda. Member from constituency 33 regarding the family of Moving on, Mr. Speaker, moving into Smith’s PLP stalwart, Ms. Jan Martin. Ms. Martin was simply a Parish, I would like to give condolences to the Rossit- warrior for Bermuda and certainly for her people. And er family on the loss of their father, Mr. Keith Rossiter, she was someone who was in equal measure filled to his wife Gillian, his son Stephen, [daughter] Sarah with love and strength and willingness to fight for the and [son] Andrew. causes that she believed in. And, Mr. Speaker, as you would know, she certainly fought for the causes of Hon. N. H. Cole Simons: I would like to be associat- which she believed in and made sure under no uncer- ed with that, Mr. Speaker. tain terms that she gave her views and her opinions. Along with her tireless support of the Progres- Mr. Christopher Famous: I’m quite sure you would. sive Labour Party, Mr. Speaker, she was one of the cofounders and the heart and soul of Mobilise, Organ- The Speaker: Yes, you have been associated. ise, Visualise, Execute, or the group known as Continue on, Member. M.O.V.E. And she was on the front lines of events during––both in the day of the Pathways to Status Mr. Christopher Famous: Moving into Devonshire, protests, and also in regard to December 2016 in vo- Mr. Speaker, condolences to [the family of] my con- cally protesting against the airport deal of the former stituent from Sousa Estate, Devonshire, Mr. Kenneth Government, and [she was] one of the main drivers Siggins. I am sure MP Dunkley wants to be associat- behind the formation of Bermuda Triangle Fishing Co- ed. operative. She was one of those rare people whose ac- Mr. Neville S. Tyrrell: Associate me with that, please. tions were always aligned with her words no matter how bold they were. And her fighting spirit was never Mr. Christopher Famous: And MP Tyrrell; that was diminished. And there is no question, Mr. Speaker, his constituency before it was mine. that Bermudians have lost a true champion for their He leaves behind his wife Delores and his interests in this country. So I want to express my con- daughter Debbie and various grandchildren. He was a dolences to her entire family and wish to be associat- very kind man. He lived until the age of 92, Mr. ed with the condolences sent to her family from this Speaker. House, Mr. Speaker. And last but not least, I want to give condo- On a different note, I would like to recognise lences to the James family, specifically the James Ms. Dorothy Pearman, who recently turned 100 years family, the Dr. Clarence James’s family on the loss of old and celebrated her birthday. And I wish to associ- his brother, Dr.— ate the entire House, Mr. Speaker, with a letter of congratulations from the House of Assembly that will An Hon. Member: I would like to be associated, go to Ms. Dorothy Pearman. I did have the pleasure of Brother Famous. stopping by to see Ms. Pearman. I did follow all of the rules, of course—not allowed inside of the Sylvia Mr. Christopher Famous: Okay. Richardson Care Facility. But I made sure that we dropped by and delivered her flowers as I do for all The Speaker: Yes. persons who turn 100. And I hope that she is enjoying her birthday week, and I certainly want to wish her Mr. Christopher Famous: —on the loss of their continued health and strength. brother, Leonard John James. He actually was one of Thank you, Mr. Speaker. the Bermudians who migrated to New York post- World War II. He was a good friend of my Uncle The Speaker: Thank you, Mr. Premier. Ronald’s. He was a dapper dresser. If you ever saw Does any other Member wish to make a con- him out, this man was like no flies was on him. And no tribution at this time? matter when you saw him, in Maryland or New York, he always would say, Famous, no matter where I am Mr. Christopher Famous: Yes, Mr. Speaker. How I’m always going to be a pond dog and I’m always are you? going to be a Kittitian. So therein lies the end of his story. The Speaker: Mr. Famous. How are you today? Thank you, Mr. Speaker. Bermuda House of Assembly Official Hansard Report 26 March 2021 1269

The Speaker: Thank you, Honourable Member. The Speaker: There are two Bills to be introduced Does any other Honourable Member wish to this morning. make a contribution at this time? Any Member? And let me say from the outset that these Bills Before we move on, I would just like to add will require the indulgence of the House to be dealt my remarks to a couple of names, particularly to the with later on. Martin family on the loss of Jan. As has been said al- Minister of Health, would you like to introduce ready, she was one who always stood up for what she your Bills? believed and let you know what she believed. She was forceful in that right. And not only will she be FIRST READING missed by her family, but the community, particularly the Sandys community. That strong presence of her PUBLIC HEALTH AMENDMENT ACT 2021 family. And we just want to be associated with those condolences. QUARANTINE AMENDMENT ACT 2021 I may have missed last week when the condo- lences were expressed to the Hassell family. I have Hon. Kim N. Wilson: Thank you, Mr. Speaker. Good known Donald for a long time in Somerset. I have afternoon. close association with parts of his family, and I would Mr. Speaker, I move that Standing Order just like to share in that. And they did mention that he 28(3) be suspended so that I may introduce the fol- tried to enter the political realm. He was one of those lowing Bills so that they may be placed on the Order who ran against me over the years. So I just want to Paper for today’s sitting, namely, the Public Health express my condolences, as well. Amendment Act 2021 and the Quarantine Amend- And I would like to add condolences to the ment Act 2021. family of Paul Maccoy. Paul was one of those I knew from the insurance industry over the years. He had The Speaker: Thank you. There are no other Bills. been the claims adjuster for my insurance business for many years with the association that I have with NOTICE OF MOTIONS his company through Freisenbruch Meyer. And we are saddened by his loss and would just like to express MOTION TO TAKE NOTE condolences to his family, his wife and his siblings. OF BERMUDA’S ECONOMIC He was one of those who truly believed in do- RECOVERY PLAN SUMMARY REPORT ing it his way. And his presence was always a strong presence when he was around. And he will be missed The Speaker: Minister of Finance, would you like to by many who have associated with him over the put your motion? years. We are saddened to see him go at this time. But our thoughts will continue to be his family and his Hon. Curtis L. Dickinson: Mr. Speaker, I give notice friends. that I propose to move the following Motion at the next Thank you. With that said, we will move on. day of meeting: That this Honourable House take note of Bermuda’s Economic Recovery Plan Summary Re- MATTERS OF PRIVILEGE port. Thank you, Mr. Speaker. The Speaker: There are none. The Speaker: Thank you. PERSONAL EXPLANATIONS ORDERS OF THE DAY The Speaker: There are none. The Speaker: The first order this morning is consid- NOTICE OF MOTIONS FOR THE eration of the Supplementary Estimate (No. 1) for ADJOURNMENT OF THE HOUSE 2019/20 in the name of the Minister of Finance. ON MATTERS OF URGENT Minister. PUBLIC IMPORTANCE BILL

The Speaker: There are none. SECOND READING INTRODUCTION OF BILLS SUPPLEMENTARY ESTIMATE (NO. 1) GOVERNMENT BILLS FOR THE FINANCIAL YEAR 2019/20

Bermuda House of Assembly 1270 26 March 2021 Official Hansard Report

Hon. Curtis L. Dickinson: Mr. Speaker, in accord- capital projects have been identified. However, a ance with Standing Order 43(4) and (5), I move that technical supplementary is required to establish the the Supplementary Estimate (No. 1) for the financial revised and restate a total authorisation for the year year 2019/20 be approved. 2019/20. Honourable Members will recall that the crite- The Speaker: Members, do you have any objections ria for determining debatable supplementary esti- to the [motion by the] Minister? mates require all items of the current account to be Minister, continue. debated if the total current account spend of the Min- istry shows an increase of greater than 10 per cent or Hon. Curtis L. Dickinson: Mr. Speaker, the schedule $250,000 when compared to the original estimates. All attached, Mr. Speaker, identifies seven items totalling capital items are debatable. Applying the criteria that I $21,424,184 to be included in the Supplementary Es- just described, three items on the current account and timate (No. 1) for 2019/20, made up of $17,928,087 all capital account items are debatable. on the current account, and $3,196,097 on capital ac- I would therefore move approval of the items count. as follows: (1) current accounts 1 through 4, all debat- Honourable Members will note with respect to able; and (2) capital accounts items 5 through 7, all the total $21,424,184 supplementary that $15,682,521 debatable. Thank you, Mr. Speaker. is considered a technical supplementary. A technical supplementary indicates that the requirement for addi- The Speaker: Thank you, Minister. tional funding can be met within the original appropri- One correction. When you opened up, did you ated estimates. However, it cannot be transferred ask us to approve? You asked us to move it. It will be since they are appropriated within another Ministry approved after the discussion on it. and/or capital account. With that, I believe now we will take it into The final total current account spending for Committee, and the individual Ministers will speak to 2019/20 was $1.1 billion, or $5.4 million (or [0.54 per the Heads to assist you as you move forward. cent]) higher than the original budget of $1 billion. Will you move us into Committee? Supplementary Estimate (No. 1) 2019/20 is a combi- nation of under-budgeted and unanticipated additional Hon. Curtis L. Dickinson: Mr. Speaker, I move— expenditure items. This supplementary request on the current account directly relates to Government com- The Speaker: Just ask that the Bill be committed. mitments to provide financial support of $7.8 million in subsidy funding to the Bermuda Hospitals Board as Hon. Curtis L. Dickinson: I move that the individual part of their block grant in relation to health care re- Heads are moved to Committee, Mr. Speaker. form; and $3.6 million relates to the Ministry of Public Works, Works and Engineering’s quarry programme The Speaker: Thank you. receipts, which were less than projected to support Deputy Speaker. expenditures for the transport and product services in this section; along with $2.5 million additional overtime Hon. Derrick V. Burgess, Sr.: Yes. Thank you, Hon- required for the Department of Corrections and Fire ourable Speaker. Services within the Ministry of National Security. Also as part of the anticipated additional ex- House in Committee at 12:13 pm penditure items required in 2019/20, debt service costs are projected to be $2.7 million higher, due to [Hon. Derrick V. Burgess, Sr., Deputy Speaker, interest and facility fee costs in relation to borrowing Chairman] incurred to make good on the Caroline Bay guaran- tees. COMMITTEE OF SUPPLY Broadly, in the last week of March 2020, there was a minor unanticipated expenditure of $787,000 SUPPLEMENTARY ESTIMATE (NO. 1) 2019/20 for COVID-19 pandemic to cover PPE, Regiment em- bodiment and testing supplies. The Chairman: Honourable Members, we are now in Total capital account spending for 2019/20 Committee of Supply for further consideration of the was $67.1 million, or $2.4 million (or 3.6 per cent) Supplementary Estimate (No. 1) for the Financial Year higher than the original budget of $64.7 million. On the 2019/20. capital account the majority of the $3.2 million relates And, Minister, you have the floor. to $2.3 million for golf course improvement projects to support the development work at the Port Royal Golf MINISTRY OF FINANCE Course hosting the Bermuda Championship PGA Tournament in October and November of 2019. In HEAD 58—INTEREST ON DEBT respect of all capital projects, savings from existing Bermuda House of Assembly Official Hansard Report 26 March 2021 1271

Hon. Curtis L. Dickinson: Mr. Chairman, the The Chairman: Continue, Mr. Simons. Continue. $2.6999999 million supplementary estimate for the Ministry of Finance relates to interest on debt associ- Hon. N. H. Cole Simons: So what was the problem, ated with the Government’s stepping in to buy the Mr. Chairman? bonds for the Morgan’s Point/Caroline Bay project when they were presented to the Government by the The Chairman: Continue, Mr. Simons! investors upon default. The incremental costs here are purely the cost of the debt, the new debt which An Hon. Member: You cut him off. was taken on board to fund the payments of consider- ation to the bond holders and any associated fees Hon. N. H. Cole Simons: Hello? associated with those lending. It was approximately $2.7 million. The Chairman: Mr. Simons, will you continue? Thank you, Mr. Chairman. Hon. N. H. Cole Simons: So, as I was saying, we The Chairman: Thank you, Finance Minister. spoke about the loan interest that was due from the Are there any further speakers? amount borrowed by Government to fund the debt that was purchased from the creditors of Caroline Bay. Hon. N. H. Cole Simons: I would like to speak to that, And my question is this: What interest did we Mr. Chairman. have to pay to the bond holders? Because as you know, when you buy a bond you have to also pay the The Chairman: Continue, Honourable Opposition interest that is due on that bond to the creditors at the Leader, Mr. Simons. You have the floor. same time. So you are buying the face value of the bond, as well as the interest that is due on the bond. Hon. N. H. Cole Simons: At least in the Budget Book, So can the Minister explain or confirm how much was Mr. Chairman, it appeared that we borrowed $182.4 paid to the creditors in interest on the outstanding million to fund the guarantee for the Morgan’s Point or debt that they purchased? Caroline Bay project. And the interest for the year was 3.8. And I accept that. The Chairman: Any further speakers? `The Government may have had funds available to Minister. pay that interest. But there was a second interest that has not been addressed. As the Minister of Finance Hon. Curtis L. Dickinson: Thank you, Mr. Chairman. will know, when you buy a bond you have to buy the Mr. Chairman, let me correct the Opposition outstanding interest on that bond. And so as we will Leader on his statement. What you actually pay to the find from— bond holders is the present value of the remaining cash flows. The Chairman: Honourable Member. Honourable Member. Honourable Member. Hon. N. H. Cole Simons: Okay.

[Crosstalk] Hon. Curtis L. Dickinson: That value will not neces- sarily be the face value of that bond. The Chairman: Are you speaking to Head— In the case of the Caroline Bay project—and I thank you for that question, Honourable Member—the Hon. N. H. Cole Simons: Can the Minister tell us, Government was able to negotiate with the bond what has he paid? holders to purchase the bond back at face value with- out having to pay penalty interest for amounts that The Chairman: Mr. Simons, can you put your . . . had not been paid or make-whole provisions that were every time we try to get back to you, you never hear included in the bond indenture. So the consideration us! All right? Let’s stay in this meeting. Now we are that we paid was approximately, I think, $170 [million], talking about Head 58. Can you address Head 58? $180 million. And the other cost that we had to incur, which Hon. N. H. Cole Simons: I am, Mr. Chairman! we also assigned to the project, was the cost of our advisors, legal or otherwise, as we worked our way The Chairman: Okay. Let’s continue. through this debacle. And please, when I speak, you need to hear. This is not the first time. I have always got to repeat Hon. N. H. Cole Simons: Thank you very much. That myself to get your attention. answered my question. Continue, Mr. Simons. The Chairman: Any further speakers? Hon. N. H. Cole Simons: I am speaking to Head 58. There appear to be none. Bermuda House of Assembly 1272 26 March 2021 Official Hansard Report

Minister, do you want to move that head? any major deficits in securing the best possible meth- ods and tools to prepare for the pandemic. Hon. Curtis L. Dickinson: Mr. Chairman, I move that Mr. Chairman, I will repeat at every opportuni- Head 58 be approved. ty that the employees of the Ministry of Health and its partners are the most courageous and dedicated em- The Chairman: Any objections to Head 58 being ap- ployees that I have ever encountered in my life. And proved? the success of Bermuda’s war against the pandemic There appear to be none. is attributed to the hard work that they have endured Approved. for over a year and are still courageously tackling. Mr. Chairman, I am honoured to be part of this [Motion carried: Ministry of Finance, Head 58— team and will forever be humbled by this journey that I Interest on Debt passed.] have experienced with this team and knowing that such true heroes truly, really exist. The Chairman: The next one is Head 21, Ministry of Mr. Chairman, in the fiscal year 2019/20 the Health. Ministry required an additional $497,781 in funding to Minister. ensure that the Island had the best chance of battling the oncoming pandemic. Mr. Chairman, the supple- MINISTRY OF HEALTH mentary includes the costs of the combination of all of the aforementioned tools that I just spoke about re- HEAD 21—HEADQUARTERS quired for the preparation and ongoing combat of the COVID-19 pandemic. Thank you, Mr. Chairman. Hon. Kim N. Wilson: Mr. Chairman. Just a moment, please, Mr. Chairman. I am sorry. The Chairman: Thank you. Mr. Chairman, you will recall in 2019 we Any further speakers? changed the way we paid for the Island’s only hospital so that they can focus more on health care and less Hon. Michael H. Dunkley: Yes, Mr. Chairman. on generating claims, billing and so on. So the money in the standard premium that is intended to pay for The Chairman: Continue, Mr. Dunkley. care— Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Hon. Michael H. Dunkley: Point of order, Mr. Chair- Just for clarification, I believe the amount is man. $497,981. The Minister said $497,781. In that regard, Mr. Chairman, can the Honour- The Chairman: Yes. What is your point of order, sir? able Minister please provide any details in this amount for any sole-sourced contracts? POINT OF ORDER The Chairman: Minister. Hon. Michael H. Dunkley: I thought I heard you, Mr. Chairman, say we are doing Head 21? Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, I believe that is in the public The Chairman: Head 21, yes. domain. There was a parliamentary question that was requested by the Honourable Member a few weeks Hon. Michael H. Dunkley: It appears the Minister is ago concerning the extent of the sole-sourced con- doing Head 24. tracts concerning COVID-19. He actually asked for all of the government contracts, and I had to reiterate to The Chairman: Thank you, Mr. Dunkley. the House that I only had the details as it related to those under the Ministry of Health. And that infor- Hon. Kim N. Wilson: Mr. Chairman, apologies. mation was supplied several weeks ago under parlia- Mr. Chairman, the COVID-19 virus was pre- mentary questions. dicted to become a pandemic in late February 2020. Bermuda had its first confirmed case on the 18th of The Chairman: Honourable Minister, that rule counts March 2020. The pandemic required the Ministry to if we are asking parliamentary questions based on a pull together sufficient human resources, PPE and Ministerial Statement. This question you have to an- testing supplies, locations of operations and testing swer. capacities to limit the impact of the virus on our shores. Hon. Kim N. Wilson: Mr. Chairman, thank you. I un- The Ministry of Health team did an impecca- derstood that if the matter was in the public domain— ble job of ensuring that Bermuda did not encounter [Crosstalk] Bermuda House of Assembly Official Hansard Report 26 March 2021 1273

Hon. Kim N. Wilson: I do not have it— Hon. Michael H. Dunkley: No, Mr. Chairman. That answers my questions. And I would also like to sup- The Chairman: Madam. Madam. You heard what I port the Minister in her thanks to the entire team. said. Please don’t question the Chair on this. You have to answer the question. The Chairman: Thank you, Honourable Member. Thank you. Hon. Kim N. Wilson: I am afraid I do not have the Minister, do you want to move that Head, answers with me right now, Mr. Chairman. please?

The Chairman: Thank you. Hon. Kim N. Wilson: Mr. Chairman, I move that Head Mr. Dunkley? 21 be approved.

Hon. Michael H. Dunkley: Thank you, Mr. Chairman. The Chairman: It has been moved that Head 21 be And I believe the reason why I asked that approved. question again . . . the reason why is because when Are there any objections to that? those items were . . . the Minister is correct; they were There appear to be none. Head 21 is ap- answered—but at that time. I am looking at the chart proved. right now; I do not see dates attached with that. So, Mr. Chairman, I asked the question for the [Motion carried: Ministry of Health Head 21, Head- simple reason that I understand when we are up quarters passed.] against the crunch of this, certainly the beginning of COVID-19, (as this was right at the very beginning of The Chairman: We are doing Head 24 now. COVID-19) there would be the need for sole-sourced contracts. HEAD 24—HOSPITALS But as we get through more of the pandemic and our feet are on the ground, we understand what Hon. Kim N. Wilson: Mr. Chairman, you will recall in we need, when we need it and how much we need. July 2019 we changed the way we paid for the Is- The value for sole-sourced contracts goes out the land’s only hospital so that they can focus more on window. And that is the reason why I ask the question. health care and less on generating claims, billings and I would appreciate the Minister’s ability to re- so on. So, the money in the standard premium that is turn with those answers when the time is appropriate intended to pay for care of the hospital is protected and she can access those. Thank you, sir. exclusively for that purpose. In 2010 the National Health Accounts report predicted that if growth contin- Hon. Kim N. Wilson: I do have the answer, Mr. ued at its current pace, by 2017 our total health Chairman. spending would reach $1 billion. This is a staggering figure for 64,000 people on 21 square miles. However, The Chairman: Ah! Continue, Minister. we were able to bend the cost curve, and since 2011 we have sustained total health spending closer to the Hon. Kim N. Wilson: Thank you. So, MP Dunkley, I $700 million mark. apologise. I did not have them previously, MP This did not happen by accident. A lot of work Dunkley. has been done to put downward pressure on the forc- There was a sole-sourced contract to Helix for es that push health costs up—our rate of illness, ser- the provision of providing the laboratory testing when vice use patterns, our ageing population and the price Bermuda was first trying to test for COVID-19. We of services. The Ministry of Health is wholly focused were required to utilise the CARPHA [Caribbean Pub- on and committed to containing health care costs and lic Health Agency], which only allowed for 10 tests per improving access for all, affordability and better pa- week to be sent overseas to CARPHA in Trinidad, and tient outcomes. These priorities are the foundation of the turnaround time was several days. We did all that our health reforms. we could to try to get testing [done] locally in Bermu- Mr. Chairman, the Bermuda Hospitals Board da. And Helix responded to that call. is the largest part of our health system. It provides the In fact, the PAHO [Pan American Health Or- most complex care to the largest number of people 24 ganization] commended Bermuda for being the first hours a day 365 days a year without rest or respite, country outside of their resource laboratory of CAR- through hurricanes and holidays. It is a vital part of our PHA and Trinidad for getting up and running the sub- community. In order to ensure the funds intended to stantial testing that we did through the sole source of pay for the hospital are isolated and to protect our Helix. standard premium, the Ministry of Health, the Bermu- Thank you, Mr. Chairman. da Hospitals Board and the Bermuda Health Council came together and created an innovative solution that The Chairman: Any further comment on Head 21? Bermuda House of Assembly 1274 26 March 2021 Official Hansard Report responded and repositioned the health system, direct- community relationships with organisations such as ing it onto a sustainable path for the future. the Bermuda Health Council, Bermuda Hospitals The intent was to move to a more efficient and Board, Bermuda Medical Doctors Association, Ber- streamlined payment method that would help to re- muda First, Allied Health Professionals, the Island’s duce fragmentation while supporting the health sys- private insurers and the Chamber of Commerce, local tem’s objectives to improve efficiency, maximise quali- and international businesses and patients advocacy ty of outcomes and protect access to necessary care. proponents. We moved away from the expensive fee-for-service or Thank you, Mr. Chairman. volume-based payment model to a more efficient global budget method that brings more parity for in- The Chairman: Thank you, Minister. sured persons and more efficiency for the hospital and Are there any further speakers? for health care financing. Mr. Chairman, I remind you that we success- Hon. Michael H. Dunkley: Yes, Mr. Chairman. fully averted a $1 billion fiscal cliff. But we have to keep working and maintaining health costs down. We The Chairman: Honourable Member Dunkley, you have to keep innovating, and we have to do things have the floor. differently if we want to see different results. The aforementioned change in the Bermuda Hospitals Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Board funding model in 2019 required a $7.8 million In regard to Hospitals, Head 24, a supplemen- supplementary in order to maintain the total cost of tary for $7.839425 million. Mr. Chairman, I mentioned SPR [standard premium rate] for the insured and for this briefly during the debate last week on this matter. BHB to achieve its revenue target. And a question to the Honourable Minister, in regard to this supplementary, she did give some background The Chairman: Honourable Minister, can I stop you? on the need for it, that we are obviously over budget. Because it is 12:30, we will adjourn for lunch and re- Could the Minister do two things in reply to my com- turn at two o’clock. Thank you, Honourable Minister ments today? One is give a breakdown of why this Wilson. $7.8 million is needed? And secondly, for the year We are now adjourned for lunch. Return at 2019/20, which is in question now for this supplemen- two o’clock. tary estimate, were any cash reserves that the hospi- tal has used in that financial year? And if so, what Proceedings in Committee suspended at 12:30 pm amount? Thank you, Mr. Chairman. Proceedings in Committee resumed at 2:00 pm The Chairman: Thank you, Honourable Member. [Hon. Derrick V. Burgess, Sr., Chairman] Any further speakers? Minister. COMMITTEE OF SUPPLY Hon. Kim N. Wilson: Mr. Chairman, I am trying to get SUPPLEMENTARY ESTIMATE (NO. 1) 2019/20 the responses for the Honourable Member.

[Continuation thereof] The Chairman: Honourable Member, will you be okay if the Minister just provides them to you later on? The Chairman: Good afternoon. I hope all have had a nutritious lunch. And we are at the resumption of the Hon. Michael H. Dunkley: Mr. Chairman, as we will debate in the Committee of Supply for further consid- be on this for a bit longer, I am happy if the Minister eration of the Supplementary Estimate (No. 1) for fi- comes back through the debate on this supplemen- nancial year 2019/20. tary. Yes, sir. Minister Wilson, you are on Head 24. You may continue. The Chairman: Okay.

MINISTRY OF HEALTH Hon. Kim N. Wilson: Thank you, Mr. Chairman.

HEAD 24—HOSPITALS The Chairman: Any further speakers?

[Continued] Hon. Kim N. Wilson: Mr. Chairman.

Go ahead. Hon. Kim N. Wilson: Mr. Chairman, the Minister of The Chairman: Health cannot do this work alone or function in deci- sion-making silos. That is why we value building our Hon. Kim N. Wilson: Can I get your guidance? Bermuda House of Assembly Official Hansard Report 26 March 2021 1275

The Chairman: Yes. Go ahead. Lt. Col. Hon. David A. Burch: Thank you, Mr. Chair- man. Hon. Kim N. Wilson: At what point . . . I can get the As indicated in the Supplementary Estimate, answer I am waiting for, but I do not how to . . . how the Ministry of Public Works is seeking approval for do I interrupt people? So how do I do that, Mr. Chair- supplementaries relating to current expenses for mul- man? tiple departments under the Ministry of Public Works Headquarters for the fiscal year 2019/20. The first is The Chairman: You can move this Head and just, Head 36. Mr. Chairman, between September the 18th once we finish another Head we could put it in. and 19th, 2019, category 3 Hurricane Humberto passed within 65 miles of Bermuda. At its height the Hon. Kim N. Wilson: I do not know if the Honourable storm supported sustained winds of 110 miles [per Member would . . . if I get the answer in the meantime, hour] and gusts of up to 130 miles per hour. Mr. Mr. Chairman, I do have to debate the other Supple- Chairman, net of expenses reimbursed from our in- mentary (No. 2). So, maybe I can provide the answer surers, the Ministry expensed storm-related costs of then with your leave? $536,558. These costs generally stem from employee costs, including some overtime caused by our efforts The Chairman: That is fine. to get the Island back to a materially normal state as quickly as possible. Hon. Kim N. Wilson: Okay. Thank you, Mr. Chair- Mr. Chairman, the Ministry of Public Works man, for your leave. Thank you. requests that the technical supplement of $536,558 is approved to operating account 46998, Hurricane Re- The Chairman: Yes. lief.

Hon. Kim N. Wilson: Mr. Chairman, in that regard, I The Chairman: Thank you, Minister. would like to move that Head 24 be approved. Any further speakers? No? The Chairman: It has been moved that Head 24 be approved. Mr. L. Craig Cannonier: Mr. Chairman. Are there any objections to that? The Chairman: Honourable Member, continue. Hon. Michael H. Dunkley: A question, Mr. Chairman. Mr. L. Craig Cannonier: Yes. The Chairman: Yes. Continue. No, I was just saying we . . . (let me just get my video up. There we go.) We appreciate that this is Hon. Michael H. Dunkley: Since we are in the Com- customary when we do have such hurricanes. So we mittee of the Heads moved and then we move on, if accept this supplementary here under the Ministry of the Minister provides those answers and I have ques- Public Works. And understanding that most of it was tions of those, will I be able to ask those questions? due to employee costs, I guess one question I would have is: Were there any buildings that we had to ex- The Chairman: I will allow you to. tend monies to outside of the insurance coverage concerning Hurricane Humberto and the damage it Hon. Michael H. Dunkley: Thank you. Thank you, Mr. did? Chairman. The Chairman: Minister. The Chairman: Not a problem. Are there any objections to the head being Lt. Col. Hon. David A. Burch: Mr. Chairman, nothing approved, Head 24? material in terms of the building damage in the gov- There appear to be none. ernment stock. Approved. [Motion carried: Ministry of Health, Head 24, Hospi- The Chairman: Honourable Member Cannonier, any tals passed] further?

The Chairman: Our next Head is Head 36. Mr. L. Craig Cannonier: Thank you. Minister, Colonel Burch. The Chairman: That is it. MINISTRY OF PUBLIC WORKS Any further speakers? There appear to be none. HEAD 36—HEADQUARTERS Minister, do you want to move Head 36?

Bermuda House of Assembly 1276 26 March 2021 Official Hansard Report

Lt. Col. Hon. David A. Burch: Mr. Chairman, I move The Chairman: It has been moved that Head 82 be that Head 36 be approved. approved. Are there any objections to that? The Chairman: It has been moved that Head 36 be There appear to be none. approved. Approved. Are there any objections to that? There appear to be none. [Motion carried: Ministry of Public Works, Head 82, Approved. Works and Engineering passed]

[Motion carried: Ministry of Public Works, Head 36, The Chairman: The next will be the Minister of Na- Headquarters passed] tional Security, and it will be Head 6, and it is De- fence. The Chairman: Now we will do Head 82. Minister Ming, you have the floor.

HEAD 82—DEPARTMENT OF WORKS AND ENGI- Lt. Col. Hon. David A. Burch: Mr. Chairman. NEERING The Chairman: Yes. Lt. Col. Hon. David A. Burch: Mr. Chairman, Head 82, is for Quarry Products. The Department of Works Lt. Col. Hon. David A. Burch: Okay. So we do the and Engineering has incurred costs of $3,561,509 for capital separately? product recharges at the Quarry. These are internal charges that could not be charged out due to a reduc- The Chairman: Yes. When we get down there, we tion in the road paving capital budget. Mr. Chairman, will go based on [INAUDIBLE]. We will do it in that the Ministry of Public Works requests that the tech- order. nical supplemental of $3,561,509 is approved for the operating account 92034 Quarry Products. Lt. Col. Hon. David A. Burch: Okay. All right. Thank you. The Chairman: Any further speakers? Honourable Member Cannonier, any com- The Chairman: Thank you. ments? Minister Ming.

Mr. L. Craig Cannonier: Yes. The Honourable Minis- Hon. Renee Ming: Good afternoon, Mr. Chairman. ter mentioned recharges due to road paving. Did that involve equipment that they thought that they probably The Chairman: Good afternoon. would not have had to purchase all of the lights? Hon. Renee Ming: Mr. Chairman, let me just add The Chairman: Minister. something for clarification. I actually have a brief pre- pared that includes Heads 6, 25 and 45. Can I do it all Lt. Col. Hon. David A. Burch: I am sorry. Could you as one go? restate your question again? The Chairman: No. We do each Head at one time––. Mr. L. Craig Cannonier: Yes. Considering it is a re- charge, obviously extra work had to be done; it is in- Hon. Renee Ming: Okay. ternal. Did this have anything to do with having to pur- chase any type of equipment that was not accounted The Chairman: ––Separately (I am sorry). for to allow for you to get the work done? Hon. Renee Ming: All righty. I will just start now. Lt. Col. Hon. David A. Burch: No. It did not involve the purchasing of any equipment. This is a technical The Chairman: Okay. Continue. supplementary with recharging from one account to the other. MINISTRY OF NATIONAL SECURITY

Mr. L. Craig Cannonier: Understood. Okay. Got it. HEAD 6—DEFENCE

The Chairman: Any further speakers? Hon. Renee Ming: Surely. Minister, do you want to move that Head? Mr. Chairman, I rise today to provide a brief- ing on the supplementary budget increase for the Min- Lt. Col. Hon. David A. Burch: Mr. Chairman, I move istry of National Security in the amount of $2,792,615. that Head 82 be approved. Mr. Chairman, the Ministry of National Security re- Bermuda House of Assembly Official Hansard Report 26 March 2021 1277

ceived a budget allocation of $134.9 million for the Hon. Renee Ming: Mr. Chairman, I am just endeav- fiscal year 2019/20. The actual amount spent for ouring to get that answer. 2019/20 was $137.7 million, which represents a 102 per cent increase over the approved budget. As The Chairman: Okay. mentioned, this is $2,792,000 above the approved budget estimates for the Ministry. The sum consists of Hon. Michael H. Dunkley: Mr. Chairman, I am happy overspends in the Royal Bermuda Regiment of to go on to the next Head and let the answer come $289,264,000 under the National Health Emergency through this debate. COVID-19. Mr. Chairman, I now present the 2019/20 Hon. Renee Ming: Mr. Chairman. Mr. Chairman. Mr. supplementary budget for Head 6 for the Royal Ber- Chairman, I am sure that the Member is specifically muda Regiment. In response to the COVID-19 pan- speaking through the different ranks in salary. And demic, the Royal Bermuda Regiment was ordered to that information we will get and endeavour to get it to embody. The initial response was for medics, clerks him. and security to assist the Government with this pan- demic. After discussions between the Government, The Chairman: Okay. EMO [Emergency Measures Organisation] and the Mr. Dunkley, are you satisfied with that? Governor, the commanding officer was directed to • expand support to include 24-hour community Hon. Michael H. Dunkley: Yes, Mr. Chairman. I am advisory points; satisfied with the answer coming through this debate • 24-hour maritime security and surveillance; as the Minister of National Security continues. • assistance at the testing locations; • management of passengers at the L. F. Wade The Chairman: Okay. International Airport; Minister, do you want to move that Head? • driving DPT [Department of Public Transpor- tation] buses and passenger monitoring; Hon. Renee Ming: Sure. I move that Head 6, Defence • transporting health care providers; and be approved. • implementing our own force protection. A summary of the expenses is as follows: The Chairman: It has been moved that Head 6 be approved. • troop wages, $254, $489 [sic]; Are there any objections to that? • social insurance, $10,000; There appear to be none. • food supplies, $11,000; Approved. • fuel, $4,800; and • operational supplies, $8,975. [Motion carried: Ministry of National Security, Head 6, That is it for Head 6, Defence, Mr. Chairman. Defence passed]

The Chairman: Thank you, Honourable Minister. The Chairman: The next head is Corrections, Head Any further speakers to Head 6, Defence? 25.

Hon. Michael H. Dunkley: Yes, Mr. Chairman. HEAD 25—DEPARTMENT OF CORRECTIONS

The Chairman: Honourable Member Dunkley, contin- Hon. Renee Ming: Surely. ue. Mr. Chairman, I now present the 2019/20 supplementary estimate for Head 25—Department of Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Corrections. The Department of Corrections continues To the Honourable Minister, thanks for that brief over- to carry out its mandate and perform its duties with view. limited resources. This has caused an overspending The Honourable Minister, I think, meant to say in its budget primarily due to the incurring of overtime, that the wages were $254,489. In regard to that, Mr. by $1.67 million. Major factors contributing to overtime Chairman, can the Honourable Minister please pro- include providing coverage for staff shortages, annual vide a breakdown on how the wage level is arrived at and sick leave, court and medical escorts, and hospi- for Regiment troops when they go into service such as tal bed watch. It should also be noted that hospital this? escorts in which inmates were admitted require two officers at all times. Despite operating on minimum The Chairman: Any further speakers? staffing levels at times, officers were called in to man Minister. key operating posts so that the facilities could be op- erated in a safe and secure manner. In addition, the Department of Corrections is mandated to carry out Bermuda House of Assembly 1278 26 March 2021 Official Hansard Report the orders of the court; hence, there are a number of mates as well, which we have been made to under- outstanding court cases including high-profile cases stand is at one of the lowest levels it has been in which required a high-level escort. High-risk security years. And so that can also [be] commensurate with escorts required a doubling-up of officers, and this too the number of officers there as well. contributes to overtime. The department was also met with industrial The Chairman: Any further questions? action, and the department had to rely on police offic- ers to fulfil the duties. This substitution of officers also Hon. Michael H. Dunkley: Yes, thank you, Mr. required a higher rate of overtime to be paid to police Chairman. officers. I beg to differ with the Minister’s overview of it. I just do not see with the cut in budget we are going to The Chairman: Is that it, Minister? be in a better position. But we are dealing with a sup- plementary now. And the money has been spent. So Hon. Renee Ming: Yes. I am sorry, Mr. Chairman. we have to— Yes, it is. Hon. Renee Ming: Point of order, Mr. Chairman. The Chairman: Okay. Are there any further speakers to Head 25— Hon. Michael H. Dunkley: We have to approve it, Mr. Corrections? Chairman.

Hon. Michael H. Dunkley: Yes, Mr. Chairman. The Chairman: One second.

The Chairman: Continue, Honourable Member. Hon. Michael H. Dunkley: I will take the point of or- der. Hon. Michael H. Dunkley: Thank you, Mr. Chairman. I appreciate the Minister’s explanation of this The Chairman: Go ahead. $1.697476 million overspend. Mr. Chairman, the Minister did give some ex- POINT OF ORDER planation that it was due to staff shortages, sick leave, escorts which include hospital and the courts. None of Hon. Renee Ming: Yes. I did not say that we would this is new, Mr. Chairman. So in the event that none of be in a better position. I explained how we would be this is new, why was this not budgeted for in the first working through the challenges that we have. place? And secondly, Mr. Chairman, as we heard in the Budget [Debate] last week, the budget is being Hon. Michael H. Dunkley: Thank you for that clarifi- cut. So how are we going to conclude that we will not cation. have overtime going forward in the future? It is quite Mr. Chairman, with the budget being cut since concerning that we are paying almost $1.7 million in 2019/20 by over $5 million, we are going to still be in a overtime for this account, and these challenges that serious predicament. Even with the lower numbers of we face continue on, not only in 2019/20 but in years incarcerated people, which are at lower levels, but since that point. they have been in that position for the last five or six years. I do not think that is going to [make] a big dif- The Chairman: Any further speakers? ference. There appear to be none. One of the challenges we face is, as this Minister. Government said, this is an austerity budget. And so for 2021/22 it is an austerity budget. But here we see Hon. Renee Ming: Mr. Chairman, the Member is cor- that in Corrections we are having significant overtime. rect. The challenges that are being faced by the De- I fear that this is going to happen going forward, be- partment of Corrections are not new. And they have cause the situation is not going to change. There are been going on for many, many years. In terms of the still heavy staff shortages. There is still going to be budgeted amount and the reason why, I would defi- sick leave. You are still going to need escorts to the nitely have to seek an answer to that question, Mr. hospital or the courts. So we are just selling ourselves Chairman. And in regard to how do we plan on going short to believe that there will be any change in this forward, in our budget brief last week we spoke about here. some of the changes and some of what the Acting So I have said what I have to say about the Commissioner has put in place as we go forward to overtime. If we have to budget for something like that, renew some of the policies and procedures to ensure we should budget for something like that. Because the that they are as effective as they can be. people whom we incarcerate—it is important that we But what also should be noted, Mr. Chairman, not only take care of them for their safety, protect the is that you need to also consider the number of in- safety of the officers as well, but make sure that we Bermuda House of Assembly Official Hansard Report 26 March 2021 1279

give them the best opportunity to face the world when of National Security, and especially when so often we they come out again, having the courses and the edu- are operating with challenges in staff, equipment and cational advancement they need. other resources to get the job done. Thank you, Mr. Chairman. Mr. Chairman, this completes my presentation on Head 45—the Bermuda Fire and Rescue Service. The Chairman: Thank you, MP. Are there any further speakers? The Chairman: Thank you, Honourable Minister. There appear to be none. Any further speakers? Minister, do you want to move that Head? Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Hon. Renee Ming: Mr. Chairman, I move that Head 25—Department of Corrections be approved as pre- The Chairman: Continue, Honourable Member. sented. Hon. Michael H. Dunkley: I thank the Honourable The Chairman: It has been moved that Head 25 be Minister for her explanation of the $805,875 overtime approved. for the financial year 2019/20. Are there any objections to that? Mr. Chairman, certainly I fully understand the There appear to be none. Approved. need for that and I would make the comment that when you look at departments with significant num- [Motion carried: Ministry of National Security, Head bers of people and Fire Service is one of those, Cor- 25, Department of Corrections passed] rections obviously have more, and Bermuda Police Service have even more still. The need to have con- The Chairman: We have done 25. So this is Head 45. tinued replacement of manpower through the year is Minister. important. So, training and recruitment must be budg- eted for in every year. And I do not think we should HEAD 45—BERMUDA FIRE AND RESCUE SER- not budget it and hope that we will not have attrition of VICE numbers, which happens naturally for any number of reasons. So, I accept the need for the overtime here. Hon. Renee Ming: Mr. Chairman, I am now present- The Bermuda Fire and Rescue Service cer- ing [the] 2019/20 supplementary estimate for Head tainly perform a very commendable job in what they 45—the Bermuda Fire and Rescue Service. Since the do. I echo the Minister’s comments. And quite often 2018/19 fiscal year, the Bermuda Fire and Rescue they are working behind the scenes and people do not Service has taken significant steps to address the is- appreciate and understand what they have to do. That sue of overtime. The department has seen a reduction being the case, if we appreciate them so much we in overspending of overtime from $2,000,100 to need to make sure they are kept fully staffed because $805,000 for the 2019/20 fiscal period. The Bermuda while overtime can cover for manpower shortages, it Fire and Rescue Service obtained approval during the also strains the manpower there. It puts them in a dif- 2017/18 fiscal year to fill seven vacant and funded ficult position in covering those shifts. And it is not a firefighter positions. The new recruits started in March prudent thing to do for any extended period of time of 2018 and completed a 24-week training course, going forward. Thank you, Mr. Chairman. and then were assigned to the stations. This measure provided the Bermuda Fire and Rescue Service with The Chairman: Thank you, Honourable Member. the additional resources to reduce a portion of staff Any further speakers? shortages and further reduce overtime pay. There appear to be none. Mr. Chairman, most of the departments within Minister, you want to continue? [Do] you want the Ministry are uniform services that provide service to move that Head? 24/7—365 days a year. These departments are pre- dominately run on shift patterns and must perform Hon. Renee Ming: Surely. duties at set times and at standards of performance. Mr. Chairman, I move that Head 45, Bermuda Oftentimes, the men and women in these ministries Fire and Rescue Service be approved as presented. run directly into the face of danger, are involved in saving lives and, in line with our mission for the Minis- The Chairman: It has been moved that Head 45— try, are keeping Bermuda safe. Our staff are often Fire Service be approved. called to duty when most people are having their Are there any objections to that? worst day ever. Our staff face the full brunt of the pub- There appear to be none. lic’s criticism and must respond in a professional and Approved. courteous manner while still providing stellar service. We owe our sincere thanks to the service of [Motion carried: Ministry of National Security, Head the men and the women who come under the Ministry 45, Fire and Rescue Service passed] Bermuda House of Assembly 1280 26 March 2021 Official Hansard Report

The Chairman: Thank you, Honourable Minister I ask that these two amounts under Head 65 Ming. be approved.

Hon. Renee Ming: Thank you. The Chairman: Thank you, Minister. Honourable Member Cannonier, I would imag- The Chairman: Next we will have Head 65—Capital ine you are speaking again for Public Works. Development. Colonel Burch, you have the floor. Mr. L. Craig Cannonier: Many thanks, Mr. Chairman, Deputy Speaker. MINISTRY OF PUBLIC WORKS Under the Ministry of Public Works Capital Development, Head 65, at Golf Course Improvement, HEAD 65—CAPITAL DEVELOPMENT we recognise that these requirements would be the case. I think for the edification of the public it would be Lt. Col. Hon. David A. Burch: Mr. Chairman, the nice to know what exactly would be those improve- Ministry of Public Works is required to carry out ments that were needed to accommodate the need to maintenance and improvements at Port Royal Golf have the level of a PGA Tournament. I do not know if Course, the venue for the inaugural Bermuda tourna- they need more sand dunes or whatever. But it would ment, the professional golf tournament on the PGA be nice to hear from the Minister what those im- Tour held annually in the fall until 2023. The Ministry provements actually were that required us to spend undertook capital expenditures to secure golf course $2.2 million. I can assume that that amount is justifia- upgrades while incurring additional operating expens- ble, but [INAUDIBLE] that would be an important un- es directly attributed to the championship such as derstanding. I believe the Minister said this would be a payroll, overtime work and shipping expenses. These $10 million over the period through to 2023. And expenses were necessary to restore the course after knowing that we will spend quite a bit more. many years of neglect, as well as preferred mainte- So I will move on. Would it be fair to move on nance, and resulted in a golf course restored to PGA to the next Head? Tour standards at an estimated additional cost of $2,270,983. The Chairman: Yes, yes, yes. Go ahead, yes. Mr. Chairman, it is not anticipated that this increase will change the total authorised figure of the Mr. L. Craig Cannonier: Okay. Yes. If I can move on project currently set at $10 million. Therefore, I ask then to Works and Engineering under the [cost centre] that the amount of $2,270,983 under Head 65 be ap- 75051, Private Roads and Street Lighting. He did say proved. that this was a technical. I missed the part about the $7,000 actually, because the $7,000 from the tree cut- The Chairman: Well, let us do the whole three this ting and the likes, that department does not compare time because they are all under Head 65. to the $1.4 million that we see here. Just trying to un- derstand the original— Lt. Col. Hon. David A. Burch: Okay. The Chairman: That is not $1.4 million. The Chairman: Yes. Mr. L. Craig Cannonier: Sorry? Lt. Col. Hon. David A. Burch: [Cost centre] 75051, Private Roads Street Lighting. Mr. Chairman, the Min- The Chairman: That is not $1.4 million. It is $1,428. istry of Public Works requests that a technical sup- plement of $1,428 is approved to capital cost centre Mr. L. Craig Cannonier: Ah! My apologies. Okay. 75051, Private Roads Street Lighting. This project is Understood, understood, understood. Thank you very actually under budget for the period but for the misal- much. Then I will change out that question. That is location of a single contractor fee for tree trimming of justifiable; I can see that. Thank you very much. $7,000 that actually was done on public roads and I will then move on to Public Lands and Build- should have been charged to the operating budget. ings. [Cost centre] 75112, Major Buildings Up- Thank you for that clarification. grades. A technical supplement of $923,686 is re- quested to increase the total allocated funds for major The Chairman: No problem. building upgrades from $46 million to $46,923,686, which is the actual cumulative spend to the 31st of Mr. L. Craig Cannonier: Under Capital Development March 2020. The actual spend for Major Buildings Major Building Upgrades, I believe he said that this Upgrades for the fiscal year 2019/20 was $1,780,955, was also a technical one. And I understand the works which is less than the accrued budget of $2 million. that have needed to be done; I have no questions for that. Bermuda House of Assembly Official Hansard Report 26 March 2021 1281

The Chairman: Okay. Lt. Col. Hon. David A. Burch: Mr. Chairman, yes, we Minister. imported extra sand. It is being stored at Port Royal. We recognise the challenge in getting the sand here Lt. Col. Hon. David A. Burch: Mr. Chairman, the first as well as maintaining it, as the Honourable Member level, this is the first year of the PGA, and so quite a stated. Experts far greater than I have indicated that considerable amount of work was done on the course. the sand is being stored in a proper place to be used Not being a golfer, I am probably going to get the this year for the tournament as needed and going for- technical terms incorrect. But I believe every sand trap ward. had to be dug up and there was some netting that was put down before they were replaced. We brought in Hon. Michael H. Dunkley: One, just one further— . . . I forget the technical term, but sand from the [United] States to go into the bunkers. We also had to The Chairman: Yes. rent some of the equipment as a result of several years of not replacing equipment. We needed to go Hon. Michael H. Dunkley: Just one further question out to the private sector to get support in that regard. to the Minister: Is any sand for Port Royal being There were also irrigation and greens upgrades and stored at Morgan’s Point? some minor improvements to the clubhouse itself. Lt. Col. Hon. David A. Burch: Not to my knowledge. The Chairman: Okay. But I will ask that question now. Any further questions? Hon. Michael H. Dunkley: Thank you, Minister. Hon. Michael H. Dunkley: Yes, Mr. Chairman. The Chairman: Okay. The Chairman: Yes. Continue, Honourable Member. Are there any further questions? Minister, do you want to move the Head on Hon. Michael H. Dunkley: I thank the Honourable Capital Development? Minister for his in-depth review of the work done. Ob- viously, I think most people who are associated with Lt. Col. Hon. David A. Burch: Yes. golf in some way will understand and appreciate that Mr. Chairman, I would like to move that Head the maintenance of a golf course for PGA champion- 65 for $3,196,097 combined be approved. ship events is much more expensive than maintaining the golf course for everyday play. And so additional The Chairman: It has been moved that Head 65— funding would be expected in many areas. And I am Capital Development be approved. pleased to see that it is budgeted now going forward Are there any objections to that? for the Government. There appear to be none. The Minister did give a breakdown that sand Approved. was imported for the bunkers, and I assume top- dressing and the like. The question I have for the [Motion carried: Ministry of Public Works, Head 65, Honourable Minister is . . . I believe we did ask these Capital Development passed] questions in the House, so I actually recall some de- tails of the amounts here. But, Honourable Minister, The Chairman: I call on the Minister of Finance. for the sand, was extra sand imported for future use? Minister of Finance, are you available? If it was, where is it being stored? And is it being stored safely so it will not get blown away or washed Hon. Curtis L. Dickinson: Mr. Chairman, I move that away overboard into the water? Supplementary Estimate (No. 1) for the financial year Obviously, sand is critical for any golf course, 2019/20 be approved as printed and reported to the not only for the bunkers, which we talked about, but House. for top dressing of greens and tees. And obviously, sand is not cheap to import. And sand is not difficult to The Chairman: It has been moved that the Supple- store, but if you do not store it in a proper location with mentary Estimate for the current and capital [ac- constraints around it, it will certainly disappear and we counts] for 2019/20 be approved and reported to the will have to import some more. So I would appreciate House. the Minister’s explanation of where we stand on ex- Are there any objections to that? cess sand and where we are going to go from there. There appear to be none. It will be reported to the House as printed. The Chairman: Any further speakers? Minister. [Motion carried: Supplementary Estimate (No. 1) for Financial Year 2019/20 was considered by a Commit-

Bermuda House of Assembly 1282 26 March 2021 Official Hansard Report tee of the whole House and passed without amend- since they are appropriated within another Ministry ment.] and/or capital account. Total current account spending for 2020/21 is The Chairman: Mr. Speaker. Or we can go ahead to forecasted to be $1 billion, including $127.2 million for the next one. COVID-19 expenditures—or $64.4 million, or 6.9 per cent, higher than the original budget of $935.6 million. House resumed at 2:36 pm Supplementary Estimate 2020/21 (No. 1) is directly related to the unanticipated additional expenditures for [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] the COVID-19 pandemic items. These expenditures consist of the following: REPORT OF COMMITTEE • COVID-19 Ministry expenditures of $25.568 million; SUPPLEMENTARY ESTIMATE (NO. 1) • Unemployment Supplementary Benefits of FOR THE FINANCIAL YEAR 2019/20 $58.8 million; • Financial Assistance at $2.663 million; The Speaker: Thank you. Thank you, Deputy. • BEDC at $12 million; • WEDCO grant, $3.5 million; Hon. Derrick V. Burgess, Sr.: Yes. • Golf courses grant, $3.7 million; and • Bermuda Airport Authority airport revenue The Speaker: Members, are there any objections to guarantee at $21 million. the Supplementary Estimate (No. 1) for the financial Altogether, a total extraordinary expenses of year 2019/20 being reported to the House as printed? $127.231 million. There are none. As mentioned in my 2021/22 Pre-Budget Re- Minister, that takes us on to the second item port, in order to reduce the impact of these unantici- on the Order Paper today, which is the consideration pated COVID-19 expenditures on the size of the of the Supplementary Estimate (No. 1) for the financial 2020/21 budget deficit, several savings measures year 2020/21, in the name of the Minister of Finance. were instituted. These savings measures included the Minister, would you like to do your intro, and following: then you can move us into Committee? • salary savings of $15.9 million; • wage savings of $4.1 million; Hon. Curtis L. Dickinson: Sure. • defunding of vacant posts, or un-filling of va- Mr. Speaker, in accordance with Standing cant posts at $8 million; Order 43(4) and 43(5), I move that Supplementary • employer overhead contributions of PSSF, Estimate (No. 1) for the financial year 2020/21 be ap- $19.167 million; proved. • MMTF contributions, $833,000;

• social insurance contributions of $6 million; The Speaker: Are there any objections? and Continue on. • other departmental operational savings, $16 BILL million. Altogether, the total current account expendi- ture savings, $70 million. Also, as part of the unantici- SECOND READING pated additional expenditure items required in 2020/21, debt service costs are projected to be $7.3 SUPPLEMENTARY ESTIMATE (NO. 1) million higher due to the additional borrowing of the FOR THE FINANCIAL YEAR 2020/21 $1.35 billion by the Government in August of 2020 required due to the impact of the COVID-19 pandemic Hon. Curtis L. Dickinson: Mr. Speaker, the Schedule on projected increases in present deficits of 2020/21 identifies 10 items totalling $140,249,967 to be includ- and over the next two years. ed in Supplementary Estimate (No. 1) for 2020/21, Total capital account spending for 2020/21 is made up of $135,573,057 on current account and forecasted to be $70.1 million, or $14.9 million, or $4,676,110 on capital account. Honourable Members 21.3 per cent below the original budget of $85 million. will note in respect of the total of $140,249,967 of In the capital account, the total $4.7 million relates to supplementary, approximately $70 million is anticipat- the stimulus capital projects announced by the Gov- ed to be a technical supplementary. A technical sup- ernment in November of 2020 to assist with the eco- plementary indicates that the requirement for addi- nomic recovery by providing increased employment in tional funding can be met within the original appropri- the construction industry and contracts to small and ated estimates. However, they cannot be transferred, medium-sized businesses. In respect of all capital pro- jects, savings from existing capital projects have been

Bermuda House of Assembly Official Hansard Report 26 March 2021 1283

identified. However, a technical supplementary is re- 2020/21. The figure is broken down within three dif- quired to establish a new total authorised figure in ferent entities within the Ministry, and I will commence 2020/21. first with Head 9. Honourable Members will recall that the crite- ria for determining debatable supplementary esti- CABINET OFFICE mates required all estimates on current account to be debated. The total current account spend in the Minis- HEAD 9—CABINET OFFICE try shows an increase greater than 10 per cent, or $250,000, when compared to the original estimate. All Hon. E. David Burt: Head 9 for the Cabinet Office, capital items are debatable. $3,201,700. This additional funding is attributed to this Applying that criterion that I have just de- Government’s response to COVID-19 National Health scribed for the three items of the current account and Emergency, as it is commonly known. Government all capital account items are debatable. I would there- has had to contend with the onslaught of COVID-19 fore move approval of the items as follows: current during this fiscal year, and doing so has caused unex- account—items 1 through 8, all debatable; capital ac- pected costs to the Cabinet Office. In response to this count—items 9 and 10, all debatable. pandemic, in order to protect our people, the Cabinet Thank you, Mr. Speaker. Office incurred the following additional costs, the most significant of which are as follows: The Speaker: Thank you, Minister. • $1,702,000 for essential medical supplies Are there any objections to the Minister’s such as testing kits and personal protective moving us to Committee? equipment for frontline workers, testing sites Minister, do you ask for it to be committed? and government workers; • $1,365,000 in wages for medical staff includ- Hon. Curtis L. Dickinson: Yes, I do, Mr. Speaker. ing doctors, nurses, temporary laboratory em- ployees, testers and technicians in support of The Speaker: Deputy. the standing-up of our mass testing pro- gramme, in addition to the Aqua bracelet team House in Committee at 2:43 pm who tracked arriving passengers to Bermuda and associated administrative staff; and then [Hon. Derrick V. Burgess, Sr., Chairman] • $82,000 for shipping and freight charges for the importation of COVID-19-related supplies, COMMITTEE OF SUPPLY testing kits and PPE. Continuing on Head 9, the next matter is the SUPPLEMENTARY ESTIMATE (NO. 1) FOR THE $12 million of grants coming to Bermuda Economic FINANCIAL YEAR 2020/21 Development Corporation [BEDC]. This amount rep- resents the grants to the Bermuda Economic Devel- The Chairman: Yes. Honourable Members, we are opment Corporation that have aided and assisted in now in Committee for the Supplementary Estimate the economic recovery of small and medium-sized (No. 1) for the financial year 2020/21. businesses following the adverse impact of COVID- Minister, you have the floor. 19. With the arrival of COVID-19 onto Bermuda’s shores over a year ago, the BEDC pivoted its own Hon. Curtis L. Dickinson: The first item is for the funds and committed resources to be able to respond Cabinet Office, Mr. Chairman, for the Minister of the to the needs of our Island’s entrepreneurs. Cabinet Office. In April 2020, the BEDC approved its first COVID-19 business continuity and sustainability fund- The Chairman: We call on the Minister for the Cabi- ing application. And since that time the BEDC has net Office to debate Head 9. approved 158 applications under the COVID-19 pro- gramme in the form of a new loan and grant product. Hon. E. David Burt: Good afternoon, Mr. Chairman. New emergency grants . . . sorry, Mr. Chair- Mr. Chairman, I will go ahead with these items. But man. may I begin first with Head 9? The Chairman: Right. You are just doing Head 9 first. The Chairman: Yes. Continue on, Mr. Premier. Hon. E. David Burt: I am still in Head 9. Hon. E. David Burt: Thank you, Mr. Chairman. And I am pleased to present this brief for the The Chairman: Still in Head 9? Okay, go ahead. supplementary estimate for the Cabinet Office for fi- nancial year 2020/21. The Cabinet Office total sup- Hon. E. David Burt: Oh, yes. This is all Head 9. All of plementary estimate is $15,776,700 for financial year this is Head 9. Bermuda House of Assembly 1284 26 March 2021 Official Hansard Report

A new emergency grant product and expand- an explanation as to why those expenses were not ed loan guarantee product with banks and now Ber- referred to the Ministry of Health? muda Credit Union Co-Op Society and a new over- My second question on the BEDC business draft guarantee product. Also, $3.5 million has been sustainability and continuity funding, can he give us a provided to 158 small and medium-sized businesses summary of the number of distributions that were to help them weather the immediate impact of COVID- made to businesses in the community and the aver- 19, especially providing triage support to deal with age size of each support benefit? operational expenses in areas such as rent, utilities Those are my questions, Mr. Chairman. and health insurance. While the unemployment benefit assisted The Chairman: Thank you. Thank you, Honourable businesses with salary help for their employees, Opposition Leader Cole Simons. BEDC support assisted businesses dealing with oper- Mr. Premier. ational expenses. BEDC recognise that assistance to business would be well beyond the triage stage and Hon. E. David Burt: Mr. Chairman, I will be able to there will be a need to provide long-term support as provide the specific information on the second item. I well as some funding to re-ignite the economy through did provide relatively detailed information in regard to economic development initiatives. 158 individual businesses. But I am happy for the As COVID-19 continues to adversely impact Honourable Member to follow up with a specific [an- our Island, our residents and our businesses, a year swer] on that, as I certainly would not be able to have later the Bermuda local small and medium[-sized] that information off the top of my head—or would find businesses needed sustained funding support to carry it difficult to provide in another 30 seconds. them through year two and beyond. As such, part of In regard to the matters of the testing, PPE the $12 million grant will be increasing its direct fund- and other things, you would recognise and understand ing limits available to businesses up to a maximum that there are lots of different PPE items inside of total loan of $60,000, along with other products we many various government departments. The Ministry offer. And we anticipate $4 million of the grant to be of National Security has some. The Ministry of Health deployed over the next year to assist businesses. has a significant portion of that in regard to various [INAUDIBLE] projects which will see the items. What has happened, Honourable Opposition availability of both public and small and medium[- Leader, is that the Cabinet Office supported many sized] businesses to have a piece of the economic pie different initiatives. So one of the things in which you will be developed from the $12 million, such as the will see here is Freight Shipping, where we are having Uptown Development initiatives, EEZ-approved resi- to coordinate things. dential schemes, the virtual market at the vertical The fact is that we are a unified government. farming and the Shoreside’s fisheries pop-ups. And where Health was focusing on managing health This is the end of my submission for Head 9. aspects in contact tracing and other items in the early stages of the pandemic, there were other government The Chairman: Thank you, Honourable Premier. departments which were looking to assist as a joined- Any further speakers on Head 9? No further up government. In addition, the items under the Ber- speakers on Head 9? muda Government Molecular Diagnostic Laboratory, Go ahead, Premier. which was started up underneath Cabinet Office fund- ing, the testing and equipment that came as part of Hon. E. David Burt: Mr. Chairman, I move that the that was done under the Cabinet Office to aid the Min- Head be approved as printed. istry of Health in focusing on their core initiatives. And so we are a joined-up government. And Mr. L. Craig Cannonier: Mr. Chairman. The Honour- just like now, we are assisting the Ministry of Health, able Member was having difficulty getting through to there are many things we will continue to do so they you. can focus on public health matters and other matters such as procurement, and other [things] can be han- The Chairman: Okay. All right. dled by other departments.

Mr. L. Craig Cannonier: The Opposition Leader, sor- Hon. N. H. Cole Simons: Thank you very much, Mr. ry. His system shut down. Chairman.

Hon. N. H. Cole Simons: Thank you, Mr. Chairman, The Chairman: Any further speakers? and thank you, Mr. Premier. Two questions. On the National Health Emer- Ms. Susan E. Jackson: Mr. Chairman. gency Fund, I heard the Premier speak about the test- ing and PPEs and salaries and wages. Can he give The Chairman: Honourable Member Jackson, con- tinue. Bermuda House of Assembly Official Hansard Report 26 March 2021 1285

Ms. Susan E. Jackson: Thank you. The Chairman: Any further speakers? For the Premier, I was just curious whether we have been able to transition Dr. Carika Weldon Mr. L. Craig Cannonier: Yes, Mr. Chairman. Just to from a volunteer situation into some sort of formal clarify. I am not sure if I got it clear. employment or reimbursement, or under wages and So Government did not pay for any test kits at salaries, for Head 9? all then? It was procured?

Hon. E. David Burt: Yes. But I do not know if that The Chairman: Did you get that, Mr. Premier? falls under Head 9. Hon. E. David Burt: I am not certain what was asked. The Chairman: Any further speakers? You said, Government did not pay for it?

Ms. Susan E. Jackson: I am sorry. The Premier kind Mr. L. Craig Cannonier: No. What I am asking is, of froze there. Government did not procure any test kits until it was put out for procurement by the companies? You men- The Chairman: Okay. tioned where they came from. I was just curious. If you know where they came from, and who the mid- Hon. E. David Burt: I can provide the answer. The dleman for them was, then you obviously know where answer is yes. But I am uncertain if that falls under they came from. Head 9. Hon. E. David Burt: Oh. I do not think . . . I am sorry. Ms. Susan E. Jackson: Okay. Thanks. I do not think there were middlemen. As I said, the question was asked. I do not have the specifics right The Chairman: Any further speakers? now; I can do my best to try to get them. I was refer- ring to the fact that a parliamentary question was [Inaudible interjection] asked by MP Dunkley, which was answered, in regard to where the test kits came from. The Chairman: No further speakers? And there were three [sources]. Some we got direct from the Cayman Islands. The Cayman Islands Mr. L. Craig Cannonier: Mr. Chairman. got a certain amount. And so some were sold; other testing kits came from Roche. So there was a signifi- The Chairman: Yes, Mr. Cannonier. cant amount there. And I cannot remember the third one, which was in the parliamentary question. But Mr. L. Craig Cannonier: Yes. The Honourable Prem- there were three different testing kits of which we had ier mentioned about the test kits. I am just curious on Island. about procurement. From what companies did the In addition, there were automatic extractors Government bring in those initial tests? Or was it a that were bought, various testing machines that were company that brought them? What company was purchased as well. that? The Chairman: Any further comments? The Chairman: Premier. Mr. L. Craig Cannonier: Mr. Chairman, yes, thank Hon. E. David Burt: Mr. Chairman, I am doing my you. best to answer. I mean, the Honourable Member is We understand now that the question was testing my memory. I know at the very beginning there asked. But my question is actually: Who were the were initial testing kits. There was an automatic ex- companies, [the] local companies that brought them tractor which came from a company whose name I in? So if the Premier does not have the answer, can cannot recall off the top of my head. I know that we then get that answer to us? now have about three of those automated extractors in the lab. I know that when it came to testing sup- Hon. E. David Burt: I can answer that. I do not actu- plies, some of these were kits that we bought from the ally believe that there were local companies that were Cayman Islands. Others were from Roche. Others involved in the supply for Roche. There is Roche were from . . . there was a third set of testing kits that Bermuda, so Roche Bermuda . . . Roche has an inter- we got. national arm here. So I do not think there was any- I know that these have been previously an- thing, a local company or anything for Roche. swered in parliamentary questions submitted by MP In regard to the ones that we got from the Dunkley last year. If the Honourable Member were to Cayman Islands, the manufacturer is SEASUN Bio- look at those questions, he would see where all of the materials. I do not believe that there was an intervener testing supplies came from. there because we went directly to the government of Bermuda House of Assembly 1286 26 March 2021 Official Hansard Report the Cayman Islands and I spoke to Premier McLaugh- equipment such as laptops, PCs and Cisco lin, and that was done. room kits; And I cannot remember the third testing kit off • WeHealth application for assisting with con- the top of my head. I am so sorry, Opposition Leader tact tracing; . . . I am sorry, MP Cannonier. • consulting from outside vendors; • cell phones and phone chargers; and [Crosstalk] • providing IT assistance to the Department of Health—for example, with establishing the Hon. E. David Burt: I do not believe in any way, various COVID-19-related online forms. shape or form they went through a local company. That is the end of my submission for Head That is the best of my recollection. But I can check. 34 [sic], Mr. Chairman.

Mr. L. Craig Cannonier: Thank you. The Chairman: No, Head 43.

The Chairman: Thank you, Premier. Hon. E. David Burt: Oh, thank you very much; Head Any further questions? 43. As there appear to be none, Premier, do you want to move Head 9? The Chairman: Any further speakers to Head 43? Any speakers to Head 43? Hon. E. David Burt: Thank you, Mr. Chairman. Premier, do you want to move Head 43? Mr. Chairman, I move Head 9 to stand as part of the supplementary estimates and ask if I can move Hon. E. David Burt: Thank you, Mr. Chairman. to the next Head. Mr. Chairman, I move that Head 43 stand as part of the estimates. The Chairman: Hold on. Let us get Head 9 approved first. The Chairman: Be approved. It has been moved that Head 9 be approved. Are there any objections to that? Hon. E. David Burt: I move that Head 43 be ap- There appear to be none. Head 9 is approved. proved.

[Motion carried: Cabinet Office, Head 9, passed] The Chairman: It has been moved that Head 43 be approved. The Chairman: The next Head is Information and Are there any objections to that? Technology, Head 43. There appear to be none. Premier. Approved.

HEAD 43—INFORMATION AND [Motion carried: Cabinet Office, Head 43, Information DIGITAL TECHNOLOGIES and Digital Technologies passed]

Hon. E. David Burt: Thank you, Mr. Chairman. The Chairman: Next is Communications, Head 51. Mr. Chairman, Head 43—Information and Dig- Premier. ital Technologies [IDT], a supplementary amount of $500,000. This supplementary amount is also related HEAD 51—COMMUNICATIONS to the additional expense caused by COVID-19, which placed enormous demand on IDT as we had to adapt Hon. E. David Burt: Thank you very much, Mr. our way of doing business throughout government. Chairman. For example, IDT had to shift from the traditional of- Moving to Head 51, the Department of Com- fice setting to have large numbers of employees work- munications, $75,000. This supplementary amount ing remotely, which required substantial efforts from also relates to additional expenses incurred due to the IDT to accomplish. pandemic over the last year. And I hope Honourable These additional amounts included the follow- Members will agree that the Department of Communi- ing unbudgeted expenses that were incurred as a re- cations was required to spend additional funds to sult of the demands placed on IDT: keep the public informed and updated on COVID-19 • overtime for staff in response to increased protocols, restrictions and safety measures. And I sin- demands for IT and technical assistance be- cerely hope that all will agree that they did a fantastic yond working hours; job. • additional services, such as remote working This cost included the increased Internet capabilities, which include the purchase of bandwidth for the daily press conferences in the Cabi- net building, the Berkeley Institute and the A. B. Place Bermuda House of Assembly Official Hansard Report 26 March 2021 1287

Media Room; and the increased Internet speed to en- Hon. Michael H. Dunkley: Thank you, sir. sure the broadcast signal was stable and reliable. When it became necessary for safety reasons to The Chairman: As there appear to be none, Premier, move the press conference to the Berkeley Institute, do you want to move Head 51 for approval? the Cafetorium was set up and new equipment was purchased to support the location. This included tele- Hon. E. David Burt: Thank you, Mr. Chairman. vision equipment and audioboard and mixers. Addi- Mr. Chairman, I move that Head 51 be ap- tional specialty equipment was sourced and secured proved. to take the television signal to online platforms. Redundancies were put in place in case there The Chairman: It has been moved that Head 51 be were signal failures. Funds were also used to clean approved. and sanitise the press conference space before, dur- Are there any objections to that? ing and after each press conference. When school There appear to be none. reopened, the press conference moved to the A. B. Approved. Place, and a stringent cleaning regiment was set up for that location as well. Appropriate backdrops were [Motion carried: Cabinet Office, Head 51, Communica- created and displayed for the press conference. And tions passed] given the level of communication that had to be achieved, the department worked diligently to make The Chairman: The next is the Ministry of Legal Af- sure every sector of the community had access to crit- fairs, Child and Family Services, Head 23. And that is ical updates. Sign language professionals were hired Minister Kathy Lynn Simmons [sic]. for each press conference to ensure that those who Minister, you have the floor. are deaf or hearing impaired had full access to the information. Hon. Tinee Furbert: Mr. Chairman, I am actually go- Also, mailers were developed and printed, ing to present for Child and Family Services. and radio and television advertisements were created and placed. The department also worked with local The Chairman: Okay. Continue. online media agencies to post information on their websites. Also, a social media consultant was hired to MINISTRY OF LEGAL AFFAIRS ensure that the information was produced and posted quickly on all of government’s social media platforms. HEAD 23—DEPARTMENT OF CHILD And as you will recall, Mr. Chairman, in my presenta- AND FAMILY SERVICES tion on Head 51 during the main Budget Debate that we just concluded I also said that we had social media Hon. Tinee Furbert: And I will present the Supple- consultants. And that is now an approved post. So mentary Estimate (No. 1) for Head 23. there is a full-time now social media post within the Department of Communications where one did not The Chairman: Right. Minister Tinee Furbert, not exist before. Kathy Simmons—Tinee Furbert. That is now the end of my submission on Continue, Minister. Head 51, Mr. Chairman. Thank you. Hon. Tinee Furbert: Thank you, Mr. Chairman. The Chairman: Are there any further speakers to I now present the Supplementary Estimate Head 51? (No. 1) for the financial year 2020/21, Head 23, De- Mr. Dunkley. partment of Child and Family Services. Mr. Chairman, the 2020/21 current account Hon. Michael H. Dunkley: Yes, Mr. Chairman. supplementary estimate for the Ministry of Legal Af- fairs (at the time it was) is $614,300. This supplemen- The Chairman: Continue, sir. tary estimate relates to business unit 33997, National Health Emergency, under Head 23—Department of Hon. Michael H. Dunkley: Oh, I did not ask to speak. Child and Family Services. Mr. Chairman, in October 2020, Head 23, the The Chairman: Oh. I just saw you pop-up. No prob- Department of Child and Family Services was moved lem. to the Ministry of Social Development and Seniors, whilst another Minister had responsibility for Head 23 Hon. Michael H. Dunkley: No. What happened, Mr. during the event that gave rise to the supplementary. I Chairman, is I lost signal. So I am logging back in. am presenting the supplementary estimate today as the Minister of Social Development and Seniors who The Chairman: Okay, okay. Welcome back. now holds responsibility for Head 23.

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Mr. Chairman, one of the many responsibili- [Motion carried: Ministry of Legal Affairs, Head 23, ties of the Department of Child and Family Services is Department of Child and Family Services passed] to operate the emergency shelter in times of a nation- al emergency. Normally, the shelter is open during The Chairman: Next is from the Ministry of Finance, hurricanes to provide shelter for both the homeless and Ministry Headquarters, Head 10. The Finance and for those whose current housing is at risk during a Minister, Mr. Dickinson. hurricane. Mr. Chairman, the supplementary estimate You have the floor, Minister. relates to the shelter being open to provide shelter for the homeless and vulnerable over a 16-week period MINISTRY OF FINANCE during the COVID-19 pandemic, starting with the Is- land-wide lockdown. This provided shelter for some HEAD 10—HEADQUARTERS 50 vulnerable Bermudians and included their meals, toiletries, cleaning, laundry, security and COVID-19- Hon. Curtis L. Dickinson: Mr. Chairman, under Head related [personal] protection supplies. 10, the supplementary estimate for Ministry Head- In summary, Mr. Chairman, a supplementary quarters relates to a $250,000 grant to BermudaFirst. estimate of $614,300 is required for 2020/21 in busi- BermudaFirst was tasked with advising on growing ness unit 33997, National Health Emergency. our economy and meeting the demands of the future. Thank you, Mr. Chairman. They were responsible for, with an outline, consider- ing social and equitable factors. Eight subcommittees The Chairman: Thank you, Honourable Minister were set up involving over 100 members of the gen- Tinee Furbert. eral public. Areas of focus were tourism, education, Any further speakers to Head 23? infrastructure, socio-economic foundations, health technology, international business and economic di- Mr. Scott Pearman: Thank you, Mr. Chairman. MP versification. They looked at our current and future Pearman. states and how we transition from one to the other. A report was submitted—prepared and sub- The Chairman: Honourable Member Pearman, con- mitted. They received some seed funding from Gov- tinue. ernment and from the private sector. And they were requiring additional monies to settle some outstanding Mr. Scott Pearman: Thank you, Honourable Minister. receivables. And we approved the $250,000 grant to Honourable Minister, just one question. The $614,300 them. figure, was that 100 per cent attributable to the four- month operation of the shelter? Or are there other The Chairman: Any further speakers to Head 10? elements in that number? Thank you. Hon. N. H. Cole Simons: Yes, Mr. Chairman. The Chairman: Minister. The Chairman: Honourable Member, Opposition Hon. Tinee Furbert: Yes. Thank you, Honourable Leader, Mr. Simons, continue. Member. That figure was for the emergency shelter Hon. N. H. Cole Simons: I would like to thank the during that 16-week period. Minister of Finance for his contribution. Just a ques- tion. I am just going to pick up where he left off. He Mr. Scott Pearman: Thank you, Minister. Thank you, indicated that there was seed funding granted to the Mr. Chairman. BermudaFirst organisation. Can he confirm the amount of the seed funding? Or is the seed funding The Chairman: Any further speakers? included in the $250,000? There appear to be none. While on funding, it is my understanding that Minister, do you want to move Head 23 for the BermudaFirst is a charity. And they get funding approval? from ABIC, ABIR and other international business companies and other organisations. Are we now Hon. Tinee Furbert: Yes. Thank you, Mr. Chairman. providing most of the funding for that organisation at I move that Head 23 be approved. this point in time? Or are we just going to be a donor partner in that they will embark upon their own fund- The Chairman: It has been moved that Head 23 be raising initiatives? approved. Obviously I support the grant. But I just ques- Are there any objections to that? tion whether the Government will be providing the There appear to be none. primary financing to this organisation. Head 23 is approved. Those are my questions at this point.

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The Chairman: Thank you, Honourable Opposition ing a severe economic shock in all directly affected Leader. economies, including Bermuda. COVID-19 had put Minister. the world economy at risk. The economic impact of the pandemic public health measures to suppress Hon. Curtis L. Dickinson: Mr. Chairman, the Gov- COVID-19 has caused a severe economic shock in ernment granted BermudaFirst a half-a-million-dollar Bermuda. Early signs implied that the economic hit grant in 2018 which was used over the course of would be considerably worse than the global financial 2018/19. With respect to their funding since 2018 crisis. And the Ministry of Finance, working with the through year to date, excluding the supplemental Caribbean Regional Technical Assistance Centre monies contemplated today, they have raised aggre- (CARTAC) had revised our growth forecast from gate funding of $720,000. Obviously, $502,000 of 1.0 [per cent] to 2.0 per cent to negative-7.5 [per cent] $720,000 is more than half. So the Government has to negative-12.5 per cent. been the primary source of funding, with the corporate And the economic impact of COVID-19 would sector donating about $190,000 and a foundation have a severe knock-on effect on the 2020/21 budget grant of approximately $30,000. and that the combination of lower fiscal revenue and In terms of the future funding model, I cannot higher public spending would cause the projected speak to that. But we are providing incremental assis- budget deficit of $19.8 million to increase significantly. tance to give help with some outstanding receivables Additionally, COVID-19 would also have a significant that result in the work that has been done to date. impact on government revenues. The Ministry esti- mated that a revenue yield for 2020/21 would contract The Chairman: Thank you, Minister. in the order of $200 [million] to $225 million. And then Any further question? if no expenditure reductions were taken, deficits could Simons, that is it? be in the range of $325 million, the net debt revised $3 billion. Hon. N. H. Cole Simons: That is it. Thank you. As a result, the Government conducted a pub- lic bond issuance in the international capital markets The Chairman: Okay. No further questions. for $1.35 billion. The proceeds of the bond sale were Minister, do you want to move Head 10, used to (1) finance anticipated $175 [million] to $200 please? million of deficit for fiscal year 2020/21, as well as for the following two years equity deficits on the order of Hon. Curtis L. Dickinson: Mr. Chairman, I move that $250 [million] to $300 million; (2) refinance approxi- Head 10 be approved. mately $235 million in relation to outstanding credit facilities used to fund the Caroline Bay obligations and The Chairman: It has been moved that Head 10 be another credit facility used for government operations; approved. and (3) refinance or actually liability-manage approxi- Are there any objections to that? mately $500 million of government bonds with higher There appear to be none. interest rates through a tender offer. Excess funds Approved. Head 10 is approved. borrowed they are not required in the current fiscal year have been invested in the Sinking Fund, thereby [Motion carried: Ministry of Finance, Head 10, Head- reducing government’s net debt position. quarters passed] This strategy was used to take advantage of relatively low interest rates, along with the strong cur- The Chairman: The next head is Head 58—Interest rent global demand for investment-grade assets and on Debt. to secure funding before the bond markets became Minister. more volatile due to the negative impact of the COVID-19 global pandemic, which could potentially HEAD 58—INTEREST ON DEBT make it difficult for the Government to borrow in the credit markets going forward at attractive prices. Hon. Curtis L. Dickinson: Minister, item 3(ii) of the New issue and tender offers reduced pro for- Supplementary Estimate (No. 1) for the financial year ma annual interest expense on the repurchase notes 2020/21 relates to Head 58—Interest on Debt, total- by approximately $6.4 million. Combined with refi- ling $7.3 million. Honourable Members will recall that nancing short-term credit facilities, this totals about in July of 2020 I approached this Honourable House $10 million in current annual interest savings. As a seeking permission to increase the debt ceiling to $3.5 result of these actions, the Government incurred un- billion. planned interest expense of $7.3 million. Thank you, When I approached the Honourable House I Mr. Chairman. outlined to Honourable Members the following: the economic impact of the pandemic public health The Chairman: Thank you, Minister. measures required to suppress COVID-19 was caus- Any further speakers to Head 58? Bermuda House of Assembly 1290 26 March 2021 Official Hansard Report

Hon. N. H. Cole Simons: Thank you, Mr. Chairman. very likely pandemic, personal protective equipment (or PPE) supplies and testing regimes were required The Chairman: Honourable Member. to fight the inevitable. Amongst many other prepara- tions, the Ministry needed to procure and source the Hon. N. H. Cole Simons: I would like to thank the PPE and testing. Many countries struggled tremen- Minister for his contribution and the history leading up dously with PPE sourcing and testing capabilities; to where we are today. I understand the reasoning however, Bermuda did not encounter significant chal- why the interest has increased. So I just have one lenges as it relates to PPE supplies and testing due to simple question: The Budget Book on page C-29 says proactive procurement by the Ministry. the actual interest for 2021 was revised to In early March Bermuda was able to provide $128,750,000. Does that $128,750,000 include the on Island testing, with results within 24 to 48 hours, $7.3 million that is listed here on the supplementary which was a tremendous feat. The ability to test local- today? Or do we have to add that onto the $125 mil- ly provided a significant drop in the wait times for re- lion, making it $135 million for the year 2021? If the sults. Prior to testing locally, CARPHA, which is locat- Minister just would clarify that for me, I would be ed in Trinidad, was engaged to complete testing for up grateful. to the allocated 20 tests per week for Bermuda by the Thank you, Mr. Chairman. Epidemiology and Surveillance Unit within the Minis- try. The results were received in approximately five The Chairman: Minister. working days each week. The local testing gave the ability to test significantly more tests and test on a dai- Hon. Curtis L. Dickinson: Mr. Chairman, the revised ly basis, and since which the access to testing has figure shown in the Budget Book reflects the annual become significantly more available. interest cost, and so that is the number inclusive of Understanding the immediate and urgent the $7.3 million which is being sought as the supple- need for PPE that the whole world was facing, the mentary estimate. Ministry partnered with BHB [Bermuda Hospitals Board] to procure supplies, as BHB maintains a robust The Chairman: Anything further, Honourable Opposi- procurement system with efficiencies that currently do tion Leader? not exist within government. Some of those efficien- cies included a world network of overseas vendors, a Hon. N. H. Cole Simons: No, that is it. I understand controlled payment system that provides a quicker the history behind it. So I just wanted to know whether turnaround for payment, an experienced commercial that was included or not. Thank you. director who manages health and medical procure- ment at large levels, and an inventory model with The Chairman: Thank you, Honourable Member. large quantities of health and medical supplies. Minister, do you want to move that Head, The partnership with BHB reduced the risk of please? the Ministry encountering what many other countries encountered such as tendering with fake vendors and Hon. Curtis L. Dickinson: Mr. Chairman, I move that the inability to urgently pay for supplies. In early Head 58 be approved. March 2020 it was clear that the entire country did not have sufficient PPE in preparation of the longevity and The Chairman: It has been moved that Head 58 be magnitude of the oncoming pandemic. The main sec- approved. tors that initially required PPE were the Bermuda Are there any objections to that? Hospitals Board; the care homes; the Ministry of There appear to be none. Health frontline workers; the essential services such Approved. as the [Bermuda] Police [Service], the [Royal Bermu- da] Regiment, Customs, et cetera; government em- [Motion carried: Ministry of Finance, Head 58, Interest ployees requiring PPE; and the public. In early March, on Debt passed] cloth masks had not been introduced as a sufficient form of mask, so therefore medical masks were being The Chairman: The next is the Minister of Health. considered for the public as well, similar to how China Minister Wilson, Head 21. conducts themselves. Community physicians also— physicians were not prepared with PPE when COVID- MINISTRY OF HEALTH 19 became a pandemic. Mr. Chairman, supplies were purchased on HEAD 21—HEADQUARTERS the basis of ensuring Bermuda was cared for as a whole and procurement proceeded in that principle. Hon. Kim N. Wilson: Mr. Chairman, in early March Small to large orders were made locally and overseas 2020 prior to COVID-19 becoming a pandemic the to prevent Bermuda from having a shortage similar to whole world recognised that in order to prepare for the the United States, which had devastating conse- Bermuda House of Assembly Official Hansard Report 26 March 2021 1291

quences. Procuring is a simple task, but the logistics Any further speakers? of getting large orders to Bermuda—as it is a colossal task due to, to name a few, the many closures of bor- Hon. Michael H. Dunkley: Yes, Mr. Chairman. ders around the world, ad hoc regulations being im- plemented, lack of cargo space on the limited cargo The Chairman: MP Dunkley. vessels, and long lead times in production of supplies due to shortages and severe price gouging. Hon. Michael H. Dunkley: I support you 100 per cent Mr. Chairman, the team worked through the in supporting the Minister in commending the staff logistics of getting the large orders of PPE to Bermuda after this difficult period. Unfortunately, it continues on by navigating the difficulties that existed. The large and we all have to be resolute as we go forward. orders included the surgical masks, N95 masks, 30 I thank the Honourable Minister for that brief. face shields, swabs, pairs of gloves, digital thermome- The Honourable Minister referred a lot to PPE and ters and infrared thermometers. The country has ben- testing supplies. And obviously, we in the Opposition efited tremendously by the proactive procurement of know and fully appreciate that with the advent of the PPE and testing supplies, which are fundamental COVID-19 quite suddenly, really—we saw it coming tools in fighting COVID-19. All sectors such as BHB, through the budget period last year. But I do not think the care homes, Bermuda Police Service, Customs, anyone envisioned just how drastic an impact it would the Regiment, the Ministry of Health, frontline workers, have had on the world and our Island. So we can ac- et cetera have secured PPE supplies stored at the cept that in the very difficult time there was a need to Ministry warehouse. Due to proactive procuring, Ber- get supplies, PPE and testing equipment on the Island muda is now well placed with the basic PPE supplies as soon as possible. for a period of six months or more. And in that regard, we support that. And I Further to the need for testing capacity, test- think Bermudians are appreciative that we managed ing supplies and PPE, the Ministry required what I to get what was needed on the Island as quickly as consider the most important element of the war possible. We did much better than many other coun- against the pandemic, which is the human capacity. tries. And thanks to the assistance of everyone who Mr. Chairman, the Ministry engaged various expertise helped us do that. to ensure that the various programmes could be But in speaking to this Head 21, the $12.6 manned. The programmes include our vigorous test- million in supplementary estimate to the National ing regime, our aggressive vaccine programmes, or- Health Emergency, there is just one thing that I want der management and systems to manage the pan- to caution on going forward, Mr. Chairman. demic and other ancillary costs. Mr. Chairman, I will repeat again regarding The Chairman: Yes. the countless individuals across ministries, in the pri- vate sector and in our communities who have all Hon. Michael H. Dunkley: Much of what we pur- banded together in the most professional way to en- chased—and I asked parliamentary questions (that sure we got ahead of this pandemic. I am humbled, we referred to earlier) in another debate which talked Mr. Chairman, by what I have witnessed these past about money spent for the National Health Emergen- many, many months, particularly from the staff of the cy. Much of what was done in dozens and dozens of Ministry of Health. The level of dedication and profes- contracts was done on a sole-source basis. And in the sionalism which I have witnessed has no bounds—the beginning I fully accept that there was a necessity to Ministry of Health staff members continuing to work, do sole source because time was of the essence. And curtailing valuable family time to return to the office so we had to move forward there. But going forward, I late at night, ignoring medical orders to take time off, think we need to make sure that we are getting the foregoing the time of quiet worship to return on a best value for our dollar now that the dust has settled Sunday morning, having only left a few hours [earlier]. to some extent and we know more of what we face. Mr. Chairman, in the fiscal year 2020/21 the A lot of the sole sourcing was for reasonable Ministry required an additional . . . amounts, PPE and things like that. But in looking Just a minute, Mr. Chairman. I think that is it, through the answers that we got, there are some sole- Mr. Chairman. Thank you for your indulgence. That is source amounts that are significant. And I think that if it. we do not focus in on that and ensure that we get through this stage, taxpayers’ money will be ques- The Chairman: Thank you, Minister. Yes, and the tioned to a larger extent than will be necessary. And I staff are to be commended. refer specifically to contracts of a couple of hundred thousand dollars, which I have talked to before, such Hon. Kim N. Wilson: I beg your pardon? as the travel authorisation and the lab portal money that has been spent. You know, one company sole The Chairman: I said yes, we agree the staff are to sourced that in total [is], $905,000 in itself. be commended on their tasks. Bermuda House of Assembly 1292 26 March 2021 Official Hansard Report

So I think the Government, just to make sure government previously. And I think that all Members that they have some cover and some accountability as of Parliament will understand the need for that clarity. we move forward because the Minister of Education has said, and other Ministers have said that we are The Chairman: Thank you. Thank you, Honourable not through this yet. It will continue on for some time, Member. and we see that we certainly have a spike nowadays. Minister. We need to make sure that we can have full transpar- ency and accountability in this and access the sup- Hon. Kim N. Wilson: Mr. Chairman, I move that Head plies and equipment we need, make sure that we 21 for the financial year 2020/21 Supplementary Esti- cover ourselves so that when the accounts get pro- mate (No. 1) be approved. duced further down the road, those questions are not asked about it. The Chairman: It has been moved that Head 21 be As an Opposition Member, I will continue to approved. question Government as required. And as I said, I do Are there any objections to that? support certain sections of the sole source, but I think There appear to be none. we have gone a bit too far. And now we need to rein it Approved. in and we need to cover ourselves. Because I am sure that the Government wants to be able to put their [Motion carried: Ministry of Health, Head 21, Head- hand on the heart and that we did the best we could quarters passed] with what we got and not have questions asked about it. The Chairman: Now you can do that, Minister. So I will leave it at that because it is a sup- plementary estimate debate. But it is an important Hon. Kim N. Wilson: Thank you, Mr. Chairman. point that I think we have to make. And I am sure With respect to the former question, I thank those who look at financials will question it as we go the Honourable Members for their indulgence. The forward. $7.8 million supplementary for Head 24 for the Thank you, Mr. Chairman. 2019/20 budget dealt specifically with services that were provided by BHB. And with respect to the sec- The Chairman: Thank you, Honourable Member. ond question that he asked insofar as the cash re- Any further speakers? serves, BHB has been operating cost savings. And I There appear to be none. did dip into some of the reserves in order to help to Minister. run the services. However, the $7.8 [million] in sup- plementary represents services that were performed Hon. Kim N. Wilson: Thank you, Mr. Chairman. I by BHB. thank the Honourable Member for his candour. As he indicated, we did discuss this heavily at a different Hon. Michael H. Dunkley: Mr. Chairman, just as a time. But I certainly appreciate his concerns. And as I question as a follow-up as you permitted? have indicated previously, there were emergency times. And unfortunately, emergencies call for certain The Chairman: Yes. courses of action. But we are now regularising the processes to return to the bidding processes and the Hon. Michael H. Dunkley: To the Honourable Minis- tendering processes and the like. ter—and I thank her for providing those answers in a Mr. Chairman, I can also inform the Honoura- timely fashion. The Minister did say they dipped into ble Member pursuant to the question that he asked reserves. What was the amount used in 2019/20 with respect to the previous Head, Head 24— budget year?

The Chairman: One second. Let us dispense with Hon. Kim N. Wilson: Mr. Chairman, I do not have this first, then you can deal with that after. that number. As I indicated previously, they had adopted cost-saving measures. And I do not have the [Crosstalk] exact figure as to what that figure might have repre- sented. Hon. Kim N. Wilson: Mr. Chairman, I move— The Chairman: Will you endeavour to get that infor- Hon. Michael H. Dunkley: Mr. Chairman, since we mation to the Honourable Member? are still in Committee, just one response to the Minis- ter? And I will not belabour the point, but just a note I Hon. Kim N. Wilson: Honourable Member, I will en- want to make for clarity. It is especially important to deavour to get that information and provide it to you declare details when individuals are involved in con- forthwith. tract work for government or have had contracts with Bermuda House of Assembly Official Hansard Report 26 March 2021 1293

Hon. Michael H. Dunkley: Yes, thank you, Mr. lower than originally projected due to the reduced fre- Chairman. I am acceptable of that. And the only thing quency of commercial airline flights and lower pas- I would say on that is that, while I appreciate the hos- senger volumes during the COVID-19 pandemic. As a pital has [been] working assiduously over the past result, the Airport Authority was required to fulfil its couple of years to find savings they can have, by dip- contractual obligations under the project agreement to ping into the cash reserves we are still using money to fund a portion of Skyport’s shortfall in guaranteed min- fund the hospital. And that is what I want to get a bet- imum regulated revenues. The unbudgeted sum is ter handle on. requested for the Bermuda Airport Authority’s contrac- tual obligations under the project agreement to fund The Chairman: Thank you. the shortfall in guaranteed minimum regulated reve- Minister, Head 55? nue. Mr. Chairman, I think it is not only helpful but Hon. Kim N. Wilson: Mr. Chairman, Head 55— important to note the full impact of this supplementary Financial Assistance is under a different Ministry. on the country. Mr. Chairman, due to the Ministry’s having to pay $21 million, the much-needed refur- The Chairman: Yes, it is listed under—okay. Is that bishment work on King’s Wharf Dockyard to accom- under Minister Hayward? It is listed on the paper un- modate Oasis-sized cruise ships, which [are] the larg- der Ministry of Health. At one time it was; it has not est cruise [ships] in the world, currently has had to be been changed on the paper. pushed off to the next budget year of 2022/23. This is costing the Government and the taxpayer possible Hon. Michael H. Dunkley: I assume, Mr. Chairman, revenue options or opportunities in the tune of $40 that is because in that year it was within that Ministry. million. It also has cost more than—forced the Minis- The Chairman: Yes. Exactly. Thank you, Mr. try to push back the delivery of a full replacement of Dunkley, You are absolutely correct. public bus fleets. That would be 53 new electric buses and 10 accessible electric buses. This would be in Hon. Michael H. Dunkley: Whoever has the answers, addition to the replacement of the 30 buses that have let them roll. passed their shelf life and would allow for 23 dedicat- ed buses to support public schools. The total sum for The Chairman: Yes. Who is answering for Head 55— the buses would be $17,700,000. And, Mr. Chairman, Financial Assistance? last but not least, $21 million could license all four- wheel vehicles in Bermuda for every operator or own- [No audible response] er thereof for the year. And, Mr. Chairman, that brings me to the end The Chairman: And let me give you a little time to get of Head 48. your stuff together. We will come back to that, to Head 55, whoever is in charge of that. The Chairman: Thank you, Minister. Let us go to the Ministry of Tourism and Any further speakers on Head 48, Tourism Transport, Head 48. Minister Scott. and Transport?

MINISTRY OF TOURISM Mr. Scott Pearman: Thank you, Mr. Chairman. MP AND TRANSPORT Pearman.

Yes. Continue, Mr. Pearman. HEAD 48—HEADQUARTERS The Chairman:

Thank you. I thank the Minister Hon. W. Lawrence Scott: Thank you, Mr. Chairman. Mr. Scott Pearman: Mr. Chairman, the requirement for supple- for his explanation as to the supplementary estimate mentary estimates more often than not indicates un- for Head 48. foreseen challenges a Ministry or department of gov- I would just ask the Minister what the old air- ernment has to meet in any given year. The Ministry port would have cost during COVID-19 if it in fact was of Transport has four departments included in Sup- open and in operation. Thank you, Mr. Chairman. plementary (No. 1) for the financial year 2020/21. Mr. Chairman, in the case of the Ministry The Chairman: Minister. Headquarters, Head 48, which for the purposes of this supplementary estimate includes the Bermuda Airport Hon. W. Lawrence Scott: Mr. Chairman, there would Authority, the unbudgeted sum is in the amount of have been no additional costs. And as there were no $21,003,900. The Airport Authority regulates the air- revenue guarantees in conjunction with the operation port fees and charges charged by Skyport to airport of the old, but now retired, air passenger terminal users. These regulated revenues were significantly building. Bermuda House of Assembly 1294 26 March 2021 Official Hansard Report

Mr. Scott Pearman: Thank you, Mr. Chairman. I did Hon. W. Lawrence Scott: Thank you, Mr. Chairman. not ask about additional costs. But I asked about the The Department of Transport Control, Head cost. 34—

Hon. W. Lawrence Scott: The cost would have The Chairman: Just a second. No, let us move Head been—actually, the cost would have been the same if 30. not less given the fact that we do not have all of the guarantees that we do under the new passenger ter- Hon. W. Lawrence Scott: Oh, I am so sorry. minal building. So therefore, it would have been less than what we are having now, and there would not be The Chairman: Yes. a supplementary of $21,003,900. Hon. W. Lawrence Scott: Thank you very much. Mr. Scott Pearman: I will take the shame, Mr. Chair- Mr. Chairman, I move that Head 30 be ap- man. Thank you. That is my only question on Head proved. 48. The Chairman: It has been moved that Head 30 be The Chairman: Okay. approved. Any further speakers? Are there any objections to that? Minister, do you want to move Head 48? There appear to be none. Approved. Hon. W. Lawrence Scott: Mr. Chairman, I move that Head 48 be approved. [Motion carried: Ministry of Tourism and Transport Head 30, Department of Marine & Ports Services The Chairman: It has been moved that Head 48 be passed] approved. Are there any objections to that? HEAD 34—DEPARTMENT OF There appear to be none. TRANSPORT CONTROL Approved. Hon. W. Lawrence Scott: Mr. Chairman, the Depart- [Motion carried: Ministry of Tourism and Transport, ment of Transport Control, Head 34, the unbudgeted Head 48, Headquarters passed] sum is in the amount of $39,600. The original estimate was $5,451,000. The unbudgeted sum is to cover The Chairman: We will do Marine & Ports, Head 30. COVID-19 pandemic-related operational require- Minister, you will have the floor. ments—for example, PPE, sanitising equipment and supplies, and security services. HEAD 30—DEPARTMENT OF And, Mr. Chairman, that is the brief for Head MARINE & PORTS SERVICES 34.

Hon. W. Lawrence Scott: Thank you. The Chairman: Any further speakers on Head 34? Mr. Chairman, in the case of the Department Mr. Pearman, do you have any? of Marine & Ports Services, Head 30, the unbudgeted sum is in the amount of $54,705. The original estimate Mr. Scott Pearman: Thank you, Mr. Chairman. I was $21,662,000. The unbudgeted sum is requested thank the Minister for his presentation of supplemen- to cover COVID-19 pandemic-related operational re- tary estimate for Head 34, and I have no questions. quirements—for example, sanitising equipment and supplies, deep cleaning of vessels and offices, and The Chairman: Thank you. personal protection equipment. And, Mr. Chairman, Minister, do you want to move that Head? that is the brief for Head 30. Hon. W. Lawrence Scott: Mr. Chairman, I move that The Chairman: Any speakers to Head 30, Marine & Head 34 be approved. Ports? There appear to be none. The Chairman: It has been moved that Head 34 be Minister, do you want to move Head 30? approved. Are there any objections to that? Mr. Scott Pearman: No questions. Thank you, Mr. There appear to be none. Approved. Chairman. [Motion carried: Ministry of Tourism and Transport, The Chairman: Thank you, Mr. Pearman. Head 34, Department of Transport Control passed]

Bermuda House of Assembly Official Hansard Report 26 March 2021 1295

HEAD 35—DEPARTMENT OF Mr. Scott Pearman: Thank you, Mr. Chairman. If I PUBLIC TRANSPORTATION may follow up?

Hon. W. Lawrence Scott: Mr. Chairman, the Depart- The Chairman: Yes. ment of Public Transportation, Head 35, the unbudg- eted sum is in the amount of $992,600. The original Mr. Scott Pearman: The Honourable Minister indicat- estimate was $22,368,000. The unbudgeted sum is to ed that of the $992,000, approximately two-thirds cover COVID-19 pandemic-related operational re- (give or take) being $577,000 is for security costs. I quirements—for example, deep cleaning of buses and would invite the Honourable Minister just to elaborate offices, PPE, sanitising equipment and supplies, secu- on how we spent sort of $600,000 on security costs. rity services, and transportation to support public Could you please just elaborate a little bit more on schools. that, Honourable Minister? Thank you. It should be noted that $895,000 of savings were found within the operational budget to reduce Hon. W. Lawrence Scott: All right. So the breakdown the supplementary expenditure. Mr. Chairman, the would come to total operating expenditure for the Ministry of • Headquarters additional temperature checks Transport in Supplementary Estimate (No. 1) for the was $5,887; financial year 2020/21 is $22,090,805. • Dockyard additional temperature checks was Thank you, Mr. Chairman. $2,711.50; • St. George’s additional temperature checks The Chairman: Thank you. was $3,132; Any further speakers to Head 35? • Security at the Central Terminal was $23,275.11; Mr. Scott Pearman: Thank you, Mr. Chairman. MP • Headquarters additional temperature checks Pearman. was $10,092; • Dockyard additional temperature checks The Chairman: Mr. Pearman, you have the floor. again, which would be $7,961;

• Then you had St. George’s additional temper- Thank you. I thank the Honoura- Mr. Scott Pearman: ature checks for $8,082; ble Minister for his presentation. • Central Terminal for security was $38,168.35; Of the $992,000, are you able to give a rough • Central Terminal for security for the following percentage breakdown as to what was the cleaning month after that was $55,359.55; and and PPE, et cetera, attributable to COVID-19 versus • the extra item you mentioned, which was supporting [Central Terminal] for the following month se- transportation to schools? Can you give a percentage curity was $52,076.75. breakdown, please, Minister? Thank you. The Chairman: Thank you. The Chairman: Minister. Mr. Scott Pearman: Thank you, Mr. Chairman. If I correctly understood the Minister, we spent Hon. W. Lawrence Scott: Thank you. The cleaning includes the—I guess the an- approximately $100,000 on security over a two-month swer that the Shadow Minister is asking for is period, or over $100,000 on a two-month period? $34,222.12. Hon. W. Lawrence Scott: No. That seems to be more of a four-month period. The Chairman: What is that for?

Grateful. Thank you. Hon. W. Lawrence Scott: That is for cleaning materi- Mr. Scott Pearman: als under code 5900. The Chairman: Are there any further speakers? There appear to be none. The Chairman: All right. Minister, do you want to move Head 35?

Hon. W. Lawrence Scott: Now, if he is asking for Yes, Mr. Chairman. cleaning services, that would be an additional Hon. W. Lawrence Scott: $195,436.35. And if he is asking [about the] security I move that Head 35 now be approved. [required] to ensure adherence with the COVID-19 It has been moved that Head 35 be regulations, that would be $577,745.26. And so the The Chairman: approved. additional PPE was $97,577.70. Are there any objections to that?

There appear to be none. The Chairman: Thank you.

Bermuda House of Assembly 1296 26 March 2021 Official Hansard Report

[Motion carried: Ministry of Tourism and Transport, board of directors, which is appointed by the Minister Head 35, Department of Public Transportation responsible. The WEDCO Act 1984 is what the Cor- passed] poration follows as their primary guideline of opera- tion. The Chairman: Is the Minister responsible for Finan- Until the COVID-19 pandemic this year, the cial Assistance, Head 55, are you prepared and Corporation has for 20-plus years been operating its ready? Minister for Financial Assistance? day-to-day business without the support of any oper- ating grants. Unfortunately, the devastating impact [No audible response] that the pandemic has had on Bermuda’s tourism in- dustry in general, and Dockyard in particular, has The Chairman: Okay. I would ask one of you to get made this goal wholly unachievable. hold of one of your colleagues to find out who has to Mr. Chairman, the Ministry of Public Works is do that one, please. requesting that a technical supplemental of $3.5 mil- lion be approved for operating account 46111, Public [Inaudible interjections] Works Headquarters, for an operating grant to WED- CO. The Chairman: I call on the Minister of Public Works, Mr. Chairman, the Bermuda Housing Corpora- the Honourable Colonel Burch, to do Head 36. tion [BHC] manages and controls the H.U.S.T.L.E. Truck Programme (acronym for Helping the Unem- MINISTRY OF PUBLIC WORKS ployed to Sustain Themselves with Limited Employ- ment). This has been in successful operation for 14 HEAD 36—HEADQUARTERS years. BHC through the H.U.S.T.L.E. Truck Pro- gramme has helped over 1,700 unemployed Bermu- Lt. Col. Hon. David A. Burch: Mr. Chairman, thank dians in need with short-term temporary employment you. and assisted them with finding full-time jobs. In addi- As indicated in the Supplementary Estimate tion, the programme has provided much-valued assis- (No. 1) for the financial year 2020/21, the Ministry of tance to our seniors, community groups, churches and Public Works is seeking approval for supplementaries schools, and neighbourhoods. And an unanticipated relating to capital expenditure for the Ministry of Public increase in the demand for these services has brought Works Headquarters for the fiscal year 2020/21 and the Ministry to request a supplementary of $200,000 operational. Mr. Chairman, the devastating effects of for current account 46111, Public Works Headquar- the COVID-19 pandemic on governments globally and ters, in order to meet the current demand. their citizens cannot be overstated. One of the first And finally, Mr. Chairman, the Ministry provid- direct costs in reopening our buildings to safely ac- ed an operational grant to the golf course of commodate employees and customers during this $2,779,090. This is materially COVID-19-related, as crisis is the increased cleaning regimen for all of our the golf course was unable to meet its financial obliga- occupied government buildings, supplies and man- tions as a result of the global pandemic. power. Additionally, plexiglass protection had to be Thank you, Mr. Chairman. installed in all areas where there was contact between employees and clients. Security teams had to be mo- The Chairman: Thank you, Honourable Member. bilised for temperature checks and to supply hand Any further speakers to Head 36, Ministry of sanitiser to visitors. Public Works? Mr. Chairman, the array of costs that are di- rectly related to keeping our employees and residents Mr. L. Craig Cannonier: Yes. safe in our buildings during this pandemic is surpris- ing. The Ministry of Public Works is requesting that a The Chairman: Continue, Honourable Member. Yes. supplementary of $101,840 be approved for cost cen- tre 46111, Public Works Headquarters. Mr. L. Craig Cannonier: Just trying to get my video. Shall I continue on with the others, Mr. Chair- Yes. Thank you very much. man? Just very quickly under Head 36 here, I was curious. For the $101,000 National Health Emergency The Chairman: Yes. COVID-19, the Minister laid out a few areas where this was spent. Was it also used to help with the labs Lt. Col. Hon. David A. Burch: Mr. Chairman, the that had to be set up as well? West End Development Corporation (WEDCO) [the I do not have any questions on the West End Corporation] was established in 1982 by an Act of Development [Corporation]. Parliament with the specific task of developing the Shall I go on, or wait? lands which were vested to the corporation under the Act. The Corporation’s direction is overseen by the The Chairman: Yes, go on. Go on. Go on. Bermuda House of Assembly Official Hansard Report 26 March 2021 1297

Mr. L. Craig Cannonier: Okay. what we did was to add additional staff over the peri- With the housing corporation, I would just like od. And we saw an increase in the amounts of bulk to echo my sentiments to Bermuda Housing Corpora- waste that the H.U.S.T.L.E. Trucks have taken on tion and the Minister on fine work here. This from Public Works. And so it was helpful to have a $200,000, this was basically to do with labour as op- small boost in those resources. posed to purchasing of any equipment or the likes. I In relation to the golf courses, we accept that would assume it was due to help out just with labour the $950,000 that has been the grant for the last dec- and getting people to work, to clarify that? ade or so is well under budget. And we see that in And moving on to the golf courses operational terms of the amount that had to be spent to bring Port grant of $2,779,090. This he mentioned was as a re- Royal up to speed last year. This year in increasing sult of the tourism industry going down and people that amount, we are purchasing a number of items of just not getting out and playing golf consistently. Can equipment that have long come to the end of their he give us an idea if he expects to continue to give an useful life. operational grant, considering things have not im- Basically, the conversation during this budget- proved drastically or for this particular golf course? ing cycle was to include this supplementary in the next Operational grant—whether it would be a portion of budget to get [the golf courses] to a state where they that, similar to the same or the likes. What is he ask- can realistically sustain themselves and to come up ing? Thank you, Mr. Chairman. with a rolling-forward programme of maintenance and service to the golf courses so that we are not left in The Chairman: Any further speakers? this position again where equipment is deficient and we need to spend this kind of money in order to main- Hon. Michael H. Dunkley: Yes, Mr. Chairman. tain the golf courses.

The Chairman: Honourable Member, continue. The Chairman: Any further speakers?

Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Mr. L. Craig Cannonier: Mr. Chairman, just in relation I would like to just follow on where my hon- to the last answer. ourable colleague and former Premier left off in regard to golf courses. The sum of $2,779,000 is significant. The Chairman: Yes. The budget for the grant for golf courses, as my hon- ourable colleague said, was $950,000. So the total Mr. L. Craig Cannonier: Just curious. With this new budget was increased to $3.729 million. That is a sig- equipment, is this something that Port Royal is going nificant increase just in relation to COVID-19. So if the to be purchasing, Government is going to be purchas- Honourable Minister could provide some more detail ing, or is this going to be something tendered out to of what that, almost $2.8 million went to. purchase this equipment? And certainly carrying on from where my hon- ourable colleague let off, the budget for golf courses Lt. Col. Hon. David A. Burch: No. We will be pur- for the next financial year is $960,000 and COVID-19 chasing it. Some of it has already been ordered. And is still with us. So if COVID-19 is still with us and we in the next financial year, [there is] funding for a new dropped the budget to $10,000 more than the budget maintenance shed at Ocean View. What we are trying for the last financial year, how do we expect that to to do is, Ocean View has been traditionally the step- work when COVID-19 has not gone anywhere and is child of golf courses. And we are trying to draw a bal- not going anywhere for a while? So I would appreciate ance between the two so that there is not the great the Honourable Minister’s more in-depth breakdown of disparity in terms of quality of service and staffing those numbers. Because from a budget of $950,000 support that we have at Port Royal. to a budget of almost $3.8 million is a significant change, and I think it would be good to have some [Inaudible interjection] more transparency. Thank you, sir. The Chairman: Any further speakers?

The Chairman: Thank you. Hon. Michael H. Dunkley: Yes, Mr. Chairman. Any further speakers? Minister. The Chairman: Yes, Honourable Member.

Lt. Col. Hon. David A. Burch: Thank you, Mr. Chair- Hon. Michael H. Dunkley: I actually support the con- man. tinued development of golf. Obviously, I play golf and I To the first question (was the operational pro- believe in it. And I think that it has got to be a great duction of the labs included in this figure?) the answer opportunity for our young people. And certainly Port is no. In relation to the BHC, it is for labour only. And Royal is one of the finest public courses in the world. Bermuda House of Assembly 1298 26 March 2021 Official Hansard Report

And Ocean View has got a history that we must never support sports investment and support golf invest- lose track of. And it is a brilliant golf course in itself, ment. And certainly I would like to see the trustees be even though it is nine holes. But I am a little curious. able to operate off of a reasonable budget so that they Because in looking at the Budget Book, I do not see can at least get what they have to get done and not capital acquisitions under golf courses. So can the come back every year with supplementaries in the Minister please point my attention to where these cap- millions of dollars. ital acquisitions are rolled into? And that is not being critical of the PLP Gov- And the second question would be the Minis- ernment. That is just stating reality. If we want to sup- ter, I think—I could have interpreted his words incor- port it in the right way, they need to know what they rectly. But the Minister said that the additional spend- can operate with and not have to beg, borrow and do ing that is required in the last financial year would be whatever they can to get the money they require to do split between the last financial year and the current what needs to be done for the golf course. Especially financial year. And I want to understand if that is actu- since Ocean View needs attention and Port Royal will ally what he said. And I am not sure that this is the have the PGA golf event for a couple of more years, it appropriate way to do accounting. is important that we get it right and not come back with supplementaries. The Chairman: Minister. Supplementaries are part of a budget occa- sionally. But if it happens often in a certain area, it Lt. Col. Hon. David A. Burch: I do not understand shows that the budgeting is not done correctly. And I the last portion of that. And it may be as a result of—I think we should live and learn from that. That is all I am certainly not trying to practice accounting, be- will say. cause that is not my area of expertise. But the grant Thank you, Mr. Chairman. funding to the golf courses and to other entities is such that it covers both operational and capital. And The Chairman: Thank you. so it is very much in the hands of the board of trus- Any further speakers? tees, who liaise with the finance department here on the management of their budget. I can tell you that the [Inaudible interjection] trustees have had some new injection of new board members, including a new chairman in the Honoura- The Chairman: No further speakers? ble Member Kim Swan. And they have certainly hit the ground running, listening to the advice that they are Hon. Michael H. Dunkley: Mr. Chairman, I will try not getting from our accountants in terms of getting their to call you on your cell phone either. finances in order and to pay for the future so that we are not in this position going forward, being behind the [Laughter] eight ball. The Chairman: Thank you. The Chairman: Any further comments, questions? Minister Burch, will you move those Heads, please? Hon. Michael H. Dunkley: Yes, Mr. Chairman. Just to finish off. I appreciate the Minister’s reply. And I cer- Lt. Col. Hon. David A. Burch: Thank you, Mr. Chair- tainly appreciate the work of the trustees. It is difficult, man. especially in a difficult economic environment. I think the last comment from the Honourable However, based on—and I misspoke earlier. I Member Dunkley is well noted. I indicated in my re- said that the grant for the next financial year was 960. marks earlier that the $950,000 grant is underfunded. It is 950. I got a little closer to my Budget Book with Everybody accepts that. We have made great strides my glasses on, Mr. Chairman. in order to try and address that by having a rolling- forward plan to replace equipment and supplies. But [Laughter] in addition to that, the trustees have been tasked with the responsibility of coming up with other ways other The Chairman: Okay. than golf to generate some revenue. And we will be working with them over the course of this year to en- Hon. Michael H. Dunkley: Based on the fact that the sure that this happens. We accept that we likely will grant remains at 950, I have to say that I think my col- have to come back with a supplementary again next leagues and I believe that we will come back next year. But we also expect that we will have some suc- year with a supplementary in this regard. And as we cess in providing a grant that covers their budgeting said earlier in a previous debate, when it comes to needs with the new income that we expect will be golf courses, we need to make sure we budget appro- generated during the course of this year. priately so we do not have to come back for supple- With that, Mr. Chairman, I move that Head 36 mentaries. Because I believe both political parties be approved. Bermuda House of Assembly Official Hansard Report 26 March 2021 1299

The Chairman: It has been moved that Head 36 be the Government’s health and safety regulations. The approved. essential service camp was carried out from the start Are there any objections to that? of the shelter in place until phase 4 when it could be There appear to be none. deemed safe to return to normalcy. Approved. Thank you, Mr. Chairman.

[Motion carried: Ministry of Public Works, Head 36, The Chairman: Thank you. Headquarters passed] Are there any speakers to Head 20, Youth, Sport and Recreation? The Chairman: The next head is the Ministry of La- bour, Community Affairs and Sport for Head 20. Ms. Susan E. Jackson: Yes, Mr. Chairman, I have a Minister. question.

[No audible response] The Chairman: Honourable Member, continue.

The Chairman: That is Minister Hayward, I think. Ms. Susan E. Jackson: Thank you. I believe that this was a very useful and sup- Hon. Tinee Furbert: Actually, Mr. Chairman, I will be portive programme to maintain during our shelter in reading for the Youth, Sport & Recreation, Head 20. place. It was a traumatic time, and it was super im- portant for essential workers to have a place to take The Chairman: Okay. Minister Tinee Furbert, contin- their children that was safe. But my question to the ue. Minister is whether she has any statistics on the num- ber of children in total who were a part of the addition- MINISTRY OF YOUTH, al after-school camps for essential services and how CULTURE & SPORT many teachers were also on staff at that time?

Thank you, Honourable Member. HEAD 20—DEPARTMENT OF YOUTH, SPORT & Hon. Tinee Furbert: RECREATION No, I do not have a list of statistics at this time in regard to how many children utilised the services Hon. Tinee Furbert: Thank you, Mr. Chairman. . . . or children. I could endeavour to get that infor- I now present to this House the explanation of mation for you. I really have no information as it re- the Supplementary Estimate (No. 1) for the financial lates to the supplementary costs. year 2020/21, Head 20. Mr. Chairman, the Depart- ment of Youth, Sport & Recreation provides after- The Chairman: Any further questions? school programmes and summer day camps for There appear to be none. school-aged children. For the fiscal year 2020/21 the Minister, do you want to move that Head, department required a budget supplement of please. $217,360. The expenditure covered the provision of ad- Hon. Tinee Furbert: Thank you, Mr. Chairman. ditional after-school and summer day camp services I also agree that it was a very important sup- and staffing in light of the COVID-19 pandemic. It was plementary to make sure that we had for our frontline widely understood locally and around the world that workers and I am sure they are very grateful for this essential service workers were required at the front- service. line during shelter in place and needed appropriate Mr. Chairman, I move that Head 20 be ap- and safe child care for their families. proved. Mr. Chairman, the department rose to the oc- casion and took pride in providing an essential service The Chairman: It has been moved that Head 20 be camp which was one less burden that our frontline approved. workers had to be concerned about. Naturally this im- Are there any objections to that? pacted the department’s original budget. Mr. Chair- There appear to be none. man, the department provided transportation for the Approved. essential workers to and from their places of busi- nesses as well as provided a safe and structured envi- [Motion carried: Ministry of Youth, Culture and Sport, ronment for their children to attend while they were at Head 20, Department of Youth, Sport and Recreation work. passed] Youth, Sport and Recreation’s trained staff provided structured programmes and are equipped to The Chairman: Workforce Development, Head 60. engage school-aged children. Additional PPE and rec- Minister Hayward. reational supplies were required in order to adhere to Bermuda House of Assembly 1300 26 March 2021 Official Hansard Report

Hon. Jason Hayward: Mr. Chairman. What is the difference between the social assistance that was provided which was by way of grant and it The Chairman: Yes, continue, Minister. assisted persons how? What were the kinds of pay- ments that were made to those persons to support? Hon. Jason Hayward: I have Heads 60 and 55. Thank you, Mr. Chairman.

The Chairman: Oh, fine. Yes. Do you want to do The Chairman: Thank you, Honourable Member. Head 55 first? Minister.

MINISTRY OF LABOUR Hon. Jason Hayward: Mr. Chairman, the social as- sistance that totalled $283,584 relates to the supple- HEAD 55—DEPARTMENT OF mental unemployment benefit. Those would have FINANCIAL ASSISTANCE been individuals who did not qualify for financial assis- tance. The $2,379,238 would be associated directly Hon. Jason Hayward: Okay. Mr. Chairman, we have with those individuals who were qualified for financial provided relief for Head 55, Financial Assistance. assistance. And so those would be able-bodied indi- Mr. Chairman, Financial Assistance received viduals, low-income earners, disabled, and it would be a supplemental budget allocation of $2,662,822 for those who find themselves in the senior population. fiscal year 2020/21 and was dispersed as follows: The schedule within the financial assistance Act regu- COVID-19-related health emergencies social assis- lates how the money can be spent. The benefit will tance [at] $283,584; and COVID-19-related grant ad- vary based off of a household’s needs and so it can ministrative expenses at $2,379,238. range from housing support, food support, medical cost support. The Chairman: That’s it, Minister? In regard to the supplemental unemployment benefit, that is a fixed amount of just over $1,500 with Hon. Jason Hayward: Yes, sir. the additional amount being health insurance.

The Chairman: Any further speakers to Head 55, Fi- The Chairman: Any further speakers? nancial Assistance? Mr. Richardson, did you find . . .

Mr. Jarion Richardson: Yes, Mr. Chairman, MP Mr. Jarion Richardson: I was just going to thank the Richardson. Honourable Minister for that explanation and state that, of course, we are so much in support of taking The Chairman: Honourable Member, continue. care of our people during this calamity, so we just want to make sure that it is quite clear to all of us what Mr. Jarion Richardson: Thank you, Mr. Chairman. it is that we are actually doing, especially those who I would like the Honourable Minister to . . . obviously are not involved in the executive who do not actually, I might require guidance in this regard be- get to see how this mechanism plays out. cause I note under a different Head there is a similarly Thank you, very much, Mr. Chairman, and described line item. I would like to learn the difference Honourable Minister. between the two, that being Head 60. So, Mr. Chair- man, do I ask now what is the difference between the The Chairman: Any further speakers? two? Or [do I ask] when he comes up to the next Minister, you want to move Head 55? Head? Hon. Jason Hayward: Mr. Chairman, at this time I The Chairman: One is Workforce Development and would like to move Head 55, Financial Assistance. one is Financial Assistance. Go ahead, we will guide you as you go. The Chairman: It has been moved that Head 55 be approved. Mr. Jarion Richardson: Thank you, very much, Mr. Are there any objections to that? Chairman. There appear to be none. I note that the grant, I believe the Honourable Approved. Minister said was $2.3 million, and that there was— [Motion carried: Ministry of Labour, Head 55, Financial The Chairman: It was $2.6 million. Assistance, passed]

Mr. Jarion Richardson: [It was] $2.6 million. And that The Chairman: Do you want to do Head 60 now? for social assistance there was an additional adminis- Workforce Development. trative cost. My question to the Honourable Minister is: Bermuda House of Assembly Official Hansard Report 26 March 2021 1301

HEAD 60—DEPARTMENT OF [Motion carried: Ministry of Labour, Head 60, Work- WORKFORCE DEVELOPMENT force Development, passed]

Hon. Jason Hayward: Mr. Chairman, the Department The Chairman: The next is the Ministry of National of Workforce Development, Head 60, received a sup- Security, Head 83. That would be Minister Ming of St. plementary budget allocation of $58 million for fiscal George’s, Minister Ming. year 2020/21. And it was dispersed as follows: The unemployment benefit due to COVID-19 was at MINISTRY OF NATIONAL SECURITY $58,627,184; and the other COVID-19-related ex- penses were at $118,677. HEAD 83—HEADQUARTERS

The Chairman: Thank you, Minister. Hon. Renee Ming: Thank you, Mr. Chairman. Espe- Any further speakers to Head 60, Workforce cially for acknowledging the good Parish of St. Development. George’s. Honourable Members, I rise today to provide Mr. Jarion Richardson: [It is] MP Richardson, Mr. a supplemental budget increase for the Ministry of Chairman. National Security in the amount of $8,649,000. Mr. Chairman, the Ministry of National Security received a The Chairman: Yes, continue, MP. budget allocation of $129,300,000 for the fiscal year 2020/21. Mr. Jarion Richardson: Mr. Chairman, insofar as the The following supplemental amounts were re- unemployment payment, we did discuss it at length quested to ensure that the departments had sufficient during the initial budget, and coming up in supple- funding to acquire the necessary resources to carry mental. And perhaps my question is, given that we out the additional duties of combating the spread of discussed it in budget, perhaps this is guidance from the [coronavirus] and the recovery efforts after Hurri- you, Mr. Chairman. canes Paulette and Teddy. As mentioned, this is a $8,649,000 above the The Chairman: Mm-hmm. budgeted estimates for the Ministry. This amount con- sists of overspends in the Ministry Headquarters of Mr. Jarion Richardson: We were talking about it here $1,605,039 for National Health Emergency COVID-19; because the final numbers are coming in? Is that what Defence $6,396,246 for National Health Emergency it is, Mr. Chairman? COVID-19, and $214,160 for Hurricanes Paulette and Teddy. The Chairman: Well, this is the 2020/21. Go ahead, continue. Hon. Michael H. Dunkley: Point of clarification, Mr. Chairman. Mr. Jarion Richardson: Okay. Well, just that we are obviously are in support, again, of taking care of our The Chairman: Yes. I think I got you. workforce, for all those people who are working hard who are affected by this global pandemic. It was a POINT OF CLARIFICATION trying time and a lot of people needed this assistance. We are very mindful and thankful that it was able to be Hon. Michael H. Dunkley: The numbers for Head 6 given. do not appear to be correct. With that being said, Mr. Chairman, I thank the Honourable Minister for his work in this regard. The Chairman: Well, let’s deal with Head 83 first be- fore you go into Head 6. The Chairman: Thank you, Honourable Member. Honourable Minister, do you want to move Hon. Renee Ming: Okay. All right. this Head for approval? Mr. Chairman, I now present the 2020/21 supplementary estimate for Head 83, the Ministry of Hon. Jason Hayward: Mr. Chairman, I would like to National Security. The Ministry of National Security move Head 60, Department of Workforce Develop- Disaster Risk Reduction and Mitigation Team (com- ment for approval. monly known as DRRM) managed and coordinated the logistics of seven quarantine facilities where 395 The Chairman: It has been moved that Head 60 be rooms were used to house 452 persons. The facilities approved. were at the Rosemont Guest Suites, Coco Reef Hotel, Are there any objections to that? the Quarry House, the Grotto Bay Hotel, Fairmont There appear to be none. Approved. Southampton Princess, the Lauren, and the St. George’s Club. The services managed were: Bermuda House of Assembly 1302 26 March 2021 Official Hansard Report

• greeting the arriving passengers at the airport form that came out. The version I had was the cor- commercial and private aircraft repatriation rected version, and it has 1-6-0-5-0-3-9. flights and providing them with their hotel room keys and COVID-19 documentation; The Chairman: Okay. Is that what you had, Mr. • hotel room cleaning and disinfectant; Dunkley? • maintenance of Wi-Fi, television, lights, et cetera, to help keep guests as comfortable as Hon. Michael H. Dunkley: No, Mr. Chairman. I print- possible; ed this off the Parliamentary website today. It is defi- • laundry services, collection and delivery; nitely unfortunate. This is the second time it has hap- • trash collection from rooms and removal from pened in the last week, because, remember, we got premises; the errata pages for the budget late. • meal services, dietary restrictions, menu se- lection and delivery, et cetera; The Chairman: Right. • transportation from the airport to the facilities; So it is most unfortunate • ambulance transport coordination; Hon. Michael H. Dunkley: that this has happened and certainly it is not a good • symptomatic-positive extended stays; sign. But I accept the Minister saying that $1.6 is the • care package drop off facilitation; budget. So I will cross out this $8 million that is there. • recreational activities; • onsite COVID-19 testing; and The Chairman: Yes. Because I have the same thing • coordinating security detail. also that she has. The Ministry was allocated a budget of $1,605,000 to manage the facilities of which the fol- Hon. Michael H. Dunkley: Okay. I hope the rest of lowing expenses were recorded to date: the numbers are correct. • Hotel—$791,368; So in regard to the $79,000 unused, how will • Cleaning—$137,710; that money be earmarked going forward? • Security—$531,720; • Laundry—$22,007; [Inaudible interjections] • Trash Removal—$2,992; • Interpreters for the COVID-19 Press Confer- The Chairman: Do you want to repeat that, Honoura- ences—$3,650; ble Member Dunkley? • Communication/Internet—$500; • PPE—$8,372; Hon. Renee Ming: No, I did get the question, Mr. • Transportation—$1,238; Chairman. • Overtime Pay—$25,638. This gives a total of $1,525,195. The balance The Chairman: Oh, you got it? Okay. of unused funds to date is $79,805. The Ministry has not incurred any additional expenses since the closure Hon. Renee Ming: The financial year has not quite completed yet so anything that may come up between of the quarantine facilities. st This completes my comments for Head 83, now and March 31 , there are additional or unallocat- Mr. Chairman. ed funds at this time that can be used.

The Chairman: Thank you. Thank you, Minister. Hon. Michael H. Dunkley: Okay. Any further speakers to Head 83? In regard to security, $531,000, were multiple security companies used and were those contracts Hon. Michael H. Dunkley: Yes, Mr. Chairman. put out to tender?

The Chairman: Yes, Honourable Member, continue. Hon. Renee Ming: Member, there was one security firm that was used. It was the most cost-effective and Hon. Michael H. Dunkley: Yes, Mr. Chairman, I thank they were able to get themselves up and going imme- the Honourable Minister for that brief overview. For diately. Head 83, Ministry Headquarters, it is listed on the Supplementary Estimate for 2020/21 as $8,036,965. Hon. Michael H. Dunkley: Wouldn’t it have been ap- The Minister just gave an overview of $1.6 million. So propriate to try to spread some work around? In the can the Minister give some detail on the rest of the future, wouldn’t that be a good aim to do? money? Hon. Renee Ming: Well, Member, I would hope that Hon. Renee Ming: Mr. Chairman, apparently there going forward there are many things that we would was a mistake on the first Supplementary Estimate have learned from the pandemic. Unfortunately, I was Bermuda House of Assembly Official Hansard Report 26 March 2021 1303

not sitting in this seat at the time. But, going forward, I Mr. Chairman, the Royal Bermuda Regiment am pretty sure that we have learned and maybe, you was ordered to embody in response to the COVID-19 know, as we go forward we can put proper things in pandemic. The initial response was for medics, clerks, place. and security to assist the Government with this pan- demic. After discussions between the Government, Hon. Michael H. Dunkley: Thank you. EMO [Emergency Measures Organisation] and the Honourable Minister, in regard to cleaning, Governor, the commanding officer was directed to was that contracted out or was one firm used? expand support to include 24-hour community adviso- ry points; 24-hour maritime security and surveillance; The Chairman: Minister, you have that? assistance at the testing locations; management of passengers at the L. F. Wade International Airport; Hon. Renee Ming: Member, there were three [clean- driving PTB [Public Transportation Board] buses and ing] firms that were looked at initially. I am just reading passenger monitoring; transporting health care pro- the note here. Two were qualified to be able to do the viders and implementing their own force protection. A cleaning that was required. It was not just normal summary of the expenses is as follows: cleaning. I am sure you could appreciate there would • Troup Wages—$5,436,653.96; have been sanitisation involved. And one was willing • Social Insurance—$76,929.43; to do it but was unqualified to do it. So there was more • Medical Services—$550,000; than one company involved. • Vehicles—$65,000; • Fuel—$60,185.40; Hon. Michael H. Dunkley: So in regard to cleaning, • Gas—$8,483.36; two firms were used then? • Food—$141,577.42;

• Water—$10,640.76; Hon. Renee Ming: One firm was used, but three were • Equipment–$46,775.94; involved in the process, the tendering process. This gives a total $6,396,246.27. The funds

used to pay the Royal Bermuda Regiment during this Hon. Michael H. Dunkley: Okay. Thank you, Minister. period were essential to enforce the regulations re-

quired for shelter in place and wider support to the The Chairman: Any further questions on Head 83? Government on land and sea. There appear to be none. As the Regiment was embodied it is the unit’s Minister, you want to move Head 83? policy that every soldier will rightly be afforded the

clothing, equipment, PPE, and meals for each day of Hon. Renee Ming: Thank you. Mr. Chairman, I move service. Although embodiment pay was originally de- that Head 83 be approved as presented. signed for limited periods, the conditions the soldiers

operated in during this period were far more demand- The Chairman: It has been moved that Head 83 be ing. The soldiers on operations were not permitted to approved as presented. return home, some remaining in their headquarter lo- Are there any objections to that? cations for five weeks before seeing their loved ones. There appear to be none. Personnel were required to sleep and eat in school Approved. gymnasiums, abandoned buildings, and the Depart-

ment of Public Transportation Headquarters. [Motion carried: Ministry of National Security, Head 83 Throughout this period they were exposed to COVID- passed] 19, putting the needs of the country before their own

health and well-being. The Chairman: Head 6, Defence. No other organisation had the capacity to as-

sume this responsibility, nor the structure and training HEAD 6—ROYAL BERMUDA to execute these duties with such flexibility and disci- REGIMENT, DEFENCE pline. We are grateful to the families and employers of

our personnel who also sacrificed to enable the sol- Hon. Renee Ming: Thank you, Mr. Chairman. dier in their lives to continue the service to their coun- I now present the 2020/21 Supplementary try during this time of crises. Estimate for Head 6, the Royal Bermuda Regiment, Mr. Chairman, the EMO had convened and Defence. The Royal Bermuda Regiment was . . . I’m requested that the Royal Bermuda Regiment was to sorry, Mr. Chairman, let me just give you the numbers embody 80 soldiers for Hurricane Paulette and 127 for that. personnel for Hurricane Teddy. As Paulette was going For Defence, we have $6,396,246, for Nation- to be a Category 1 Hurricane and Teddy was going to al Health Emergency COVID-19 expenses. And we be a Category 3, troops were positioned across the have $214,160 for Hurricanes Paulette and Teddy Island prior to the onset of hurricane-force winds in expenses. accordance with standard operating procedures. At Bermuda House of Assembly 1304 26 March 2021 Official Hansard Report the cessation of the tropical storm-force winds, the on the Parliamentary website and for Headquarters it Royal Bermuda Regiment began to carry out its man- is still listed as $8 million there. So I appreciate accu- date of surveying damage and obstructions to main rate information so we can do our job. thoroughfares; clearing all major roads; evaluating damage to coastal and marine areas; assisting resi- The Chairman: Mm-hmm. Yes, agreed. dents with securing tarpaulins to their roofs; cleaning secondary and tertiary roads; assisting clearance Hon. Michael H. Dunkley: I will move on, Mr. Chair- around other government buildings and high-value man. asset locations; and conducting group checks with the The Honourable Minister, I believe, going Department of Transportation [DPT] bus operators. through the breakdown of the $6.3 million, mentioned The embodiment for [Hurricane] Paulette last- medical of $550,000. Is that correct? ed three days, from the 13th to the 15th of September and for [Hurricane] Teddy, lasted three days, from the Hon. Renee Ming: That is correct, Member. 20th to the 22nd of September. A summary of the ex- penses is as follows: Hon. Michael H. Dunkley: I assume that is in large • Troop wages—$198,481; [part] because of the horrific accident of the two Reg- • Social insurance—$4,741; iment officers late one night? • Repair and maintenance—$7,112.70; • Fuel—$1,578; Hon. Renee Ming: Member, that I would have to en- • Food—$1,867; and deavour to get you a response for. • Water—$380. This gives a total of $214,159.70. Hon. Michael H. Dunkley: All right. Thank you. I ap- The Regiment’s continued role of post- preciate that. And while we are at this point, I want to hurricane response is highly matured and an essential echo the comments of the Minister in thanking those component of Bermuda’s resilience to natural disas- officers, everyone, for their service and hope that ters. Their operating procedures have been shared those who were so tragically injured that night are well and adopted by other Overseas Territory governments on their road to recovery. and military units. Mr. Chairman, I just have two more points to That concludes my comments on Head 6, De- make. I reflect back now to the Honourable Minister in fence, Mr. Chairman. the previous supplementary, the Minister said she would look into and get back to me on how wages The Chairman: Thank you, Honourable Minister. were determined. So since we are talking about wag- Any further speakers on Head 6? es, hopefully we have an answer for that.

Hon. Michael H. Dunkley: Yes, thank you, Mr. The Chairman: Mm-hmm. Chairman. Hon. Michael H. Dunkley: And then secondly, Mr. The Chairman: Yes, continue. Chairman, in just looking at the numbers because we have only been given the breakdown now, but with Hon. Michael H. Dunkley: Mr. Chairman, just in con- wages of just over $543,000 for the National Health nection with the National Health Emergency under Emergency, I see a food allocation of $141,000 for Head 6, Defence, the Honourable Minister said that that. That seems to be pretty high considering the amount was about $6.3 million. Is that correct? wage bill when you compare that (and it might not be a fair comparison, so I look forward to the Minister’s Hon. Renee Ming: That is correct. reply) to Hurricanes Paulette and Teddy. Wages were $198,000 but the food bill, I believe I heard the Minis- Hon. Michael H. Dunkley: Okay. Then if that is the ter correctly stating that the food bill was about case, Mr. Chairman, why is $6,089,625 listed on the [$1,900]. Can the Minister give me some clarity on Supplementary Estimate? that? It seems like the numbers are off for the Hon. Renee Ming: Member, it may be the exact same amount of wages paid because I understand during issue I spoke to you about before. There were correc- the National Health Emergency soldiers were kept tions to it. I do not know what other categories you [in situ] the whole time so they had to be fed and all of have, but if you want to let me know each one as we that. The same would have been the case for the hur- go along, that’s fine. But the sheet that I have does ricane part as well. So that is why I am just looking at have the correct figure on it. the numbers to see if . . . to get some understanding of the small bill for food for the hurricanes, but the rel- Hon. Michael H. Dunkley: Okay. Mr. Chairman, as atively large one the National Health Emergency. the Minister gave the overview of Defence, I checked Bermuda House of Assembly Official Hansard Report 26 March 2021 1305

Hon. Renee Ming: Member, I am a little confused. Hon. Renee Ming: We will get back to you on the First of all, let me just say that the question you asked ones that are outstanding at this time. which is, you want some sort of analysis to have been done on the troop wages versus the food, well, that Hon. Michael H. Dunkley: Thank you. would not have been done at this time. It is something that we can endeavour to get to you. The food amount The Chairman: Any further questions? that I spoke to you about in the COVID-19 response No further questions. was $141,577.42. Minister, do you want to move that Head, please? Head 6. Hon. Michael H. Dunkley: Correct. [Pause] Hon. Renee Ming: In the hurricane amount I said to you the food amount was 1-8-6-7, $1,867. So I am not The Chairman: You can move Head 6. quite sure. You said something about $9 million or a million? Hon. Renee Ming: I’m sorry. I was talking to myself, Mr. Chairman. I apologise. Hon. Michael H. Dunkley: No, no. I said . . . sorry, Minister. For the hurricane one, I said $1.9K. So, just The Chairman: Oh, that’s terrible. That’s terrible. under $1,900. So we are talking the same figure. I am not asking for an analysis; I am just saying that . . . [Laughter] and maybe it is not a fair comparison. But with $540,000 paid in wages, the food bill is $141,000. Hon. Renee Ming: Mr. Chairman, I would like to move Then with the hurricanes with $198,000 paid in wag- that Head 6, Defence, be approved as presented. es, and the food bill is $1,900. There is a big differ- ence there. So I am just trying to get some compari- The Chairman: It has been moved that Head 6 be son. Because $141,000 for food for that period seems approved as presented. to be a little bit at the top end, if that is the wage bill. Are there any objections to that? Because I assume we are feeding the troops that are There appear to be none. [in situ] for both those periods. Approved.

Hon. Renee Ming: Member, I think that what you [Motion carried: Ministry of National Security, Head 6, have to take into consideration is that the COVID-19 Defence, passed] period was a period over months. We spoke about soldiers being embodied for even up to five weeks The Chairman: You can do Head 7, [Bermuda] Police before seeing their families. When you look at the hur- [Service]. ricane days, you are talking about a maximum of six days for both hurricanes, so I do not think they can be HEAD 7—BERMUDA POLICE SERVICE compared because what you are comparing are days versus months. Hon. Renee Ming: Thank you, Mr. Chairman. I now present the 2020/21 Supplementary Hon. Michael H. Dunkley: No, I understand that. How Estimate for Head 7, the Bermuda Police Service. many soldiers were on duty during the National Health Their budgetary amount was $37,655 for the National Emergency? Health Emergency COVID-19. Mr. Chairman, the Bermuda Police Service Hon. Renee Ming: I do not have the figure for that. was tasked at providing a dedicated team of high visi- We can get you that. But just in case you ask [about] bility officers to monitor and check COVID-19 compli- the hurricanes, [the soldier count was] 80 for Hurri- ance in licensed premises throughout the Island from cane Paulette and 120 for Teddy. the 27th of November to 31st of December 2020. The team was comprised of both the Bermuda Police Ser- Hon. Michael H. Dunkley: And 120. Yes, I am pretty vice Reserve officers and the Bermuda Police Service good at shorthand. Okay. I would appreciate that fig- officers. The requested amount of $37,655 was allo- ure and also, Minister, if you can get back to me on cated to $18,032 to cover overtime for the police offic- the determination of the wages for the Regiment per- ers and $19,622 towards the Reserve’s bounty pay. sonnel because there never has been any clarity on That concludes my comments for Head 7, the Bermu- that. And it is not meant to be a criticism; it is just da Police Service. meant to be an understanding of how those wages are determined for officers by rank. The Chairman: Any speaker to that one?

Bermuda House of Assembly 1306 26 March 2021 Official Hansard Report

Hon. Michael H. Dunkley: No, Mr. Chairman, other • Purchase of surgical masks of a cost of than just to certainly support the police, and also the $21,900. During the first six months of the Reserve Police for stepping forward in service. pandemic, the Customs Department used 600 masks every 10 days. The Chairman: Thank you, Honourable Member. • The purchase of 200 reusable face shields at Minister, do you want to move that Head, a cost of $1,000. please? • The purchase of hand sanitizer at a cost of $2,888. Hon. Renee Ming: Surely. • The purchase of 30 reusable protective gowns Mr. Chairman, I move that Head 7, Bermuda at a cost of $5,000. Police Service, be approved as presented. • The purchase of 18,000 disposable gloves at a cost of $1,800. The Chairman: It has been moved that Head 7 be Mr. Chairman, that concludes my comments approved as presented. for Head 12, Customs. Are there any objections to that? There appear to be none. The Chairman: Any further speakers to Head 12? Approved. Hon. Michael H. Dunkley: No comment, Mr. Chair- [Motion carried: Ministry of National Security, Head 7, man. I just thank Customs officers for their frontline Bermuda Police Service, passed] duty.

The Chairman: You can do Head 12, Customs. The Chairman: Thank you, Honourable Member. Minister, do you want to move Head 12, HEAD 12—CUSTOMS DEPARTMENT please?

Hon. Renee Ming: Surely. Hon. Renee Ming: Surely. Mr. Chairman, I now present the 2020/21 Mr. Chairman, I move that Head 12 be ap- Supplementary Estimate for Head 12, the Customs proved as presented. Department. The Department of Customs supplementary The Chairman: It has been moved that Head 12 be amount is $37,920. When the first COVID-19 cases approved as presented. were identified in Bermuda, the Customs Department Are there any objections to that? had 184 active employees operating at several loca- There appear to be none. Approved. tions spanning from Dockyard to St. George’s. Their normal activities necessitated in-person contact with [Motion carried: Ministry of National Security, Head their fellow colleagues across the government of Ber- 12, Customs Department, passed] muda and with the general public, including travellers arriving into Bermuda from overseas. At that time it The Chairman: Now, Corrections, Head 25. Thanks. became immediately apparent that in the interest of the safety of the Customs staff and the general public, HEAD 25—DEPARTMENT OF CORRECTIONS the department would need to take rapid action to change its modus operandi and it would be necessary Hon. Renee Ming: Surely. to purchase several items of safety equipment. I now present the 2020/21 Supplementary The 2020/21 Budget understandably did not Estimate for Head 25, the Department of Corrections. provide for the cost of these purchases. It is estimated The supplementary amount is $7,600, Mr. that these additional costs will amount to $37,920. Chairman. The Department of Corrections’ operations Specifically, these costs were incurred in the following were also impacted by the pandemic. To ensure that manner: all measures were put into effect, thus reducing the • Purchase and installation of glass partitioning transmission of the disease, the department pur- at the Executive Jet Facility at a cost of chased an initial supply of sanitising wipes, masks, $1,545. The partitioning was required to cre- hand sanitiser and face shields costing $7,600. ate a safe barrier between Customs officers That concludes my comments on Head 25, performing border control duties and arriving Mr. Chairman. travellers. Throughout the time of the pan- demic, the Executive Jet Facility continued to The Chairman: Thank you, Minister. receive arriving private jets. Are there any further comments on Head 25, • Purchase and installation of glass partitioning Corrections? at the Cashier and Reception area of Cus- There appear to be none. toms House at a cost of $3,787. Minister, you want to move Head 25? Bermuda House of Assembly Official Hansard Report 26 March 2021 1307

Hon. Renee Ming: Sure. quarantine as a precautionary measure. The resulting Mr. Chairman, I move that Head 25 be ap- staff shortage impacted the administration, fire dis- proved as presented. patch and fire-fighting operations. An overtime expenditure of $42,414 was in- The Chairman: It has been moved that Head 25 be curred during this period to meet minimum staffing approved as presented. requirements. Mr. Chairman, the Supplementary [Es- Are there any objections to that? timates] for Head 45, the Bermuda Fire and Rescue There appear to be none. Service for the amount of $91,520 relates to Hurri- Approved. canes Paulette and Teddy. Hurricane Paulette. This supplementary is [Motion carried: Ministry of National Security, Head necessary to account for the cost incurred by the 25, Department of Corrections, passed] Bermuda Fire [and Rescue] Service due to the em- bodiment of an additional 35 firefighters in preparation The Chairman: The next is Fire Service, Head 45. of the arrival of Hurricane Paulette in September Minister. 2020. Further, two additional 911 emergency medical dispatchers were recalled for duty. The total overtime HEAD 45—FIRE AND RESCUE SERVICES cost for the additional staffing was $74,302. In antici- pation of increasing calls for service the Bermuda Fire Hon. Renee Ming: Thank you, Mr. Chairman. and Rescue Service prepositioned additional firefight- I present the 2020/21 Supplementary [Esti- ers at the Port Royal, Hamilton and Clearwater Sta- mates] for Head 55, the Bermuda Fire and Rescue tions. Service. During Hurricane Paulette, firefighters re- Mr. Chairman, the supplementary amount for sponded to various calls for service until weather con- the Fire Service is $259,000 for the National Health ditions deemed these activities too dangerous to con- Emergency and $91,520 for Hurricanes Paulette and tinue. The Bermuda Fire and Rescue Service Hamil- Teddy. Throughout the coronavirus pandemic the ton Station also served as headquarters for the Emer- Bermuda Fire and Rescue Service has provided es- gency Measures Organisation [EMO] during the sential 24-hour medical response to our communities. storm. The Hamilton Station served as a logistics hub To protect firefighters from contracting the coronavirus for key EMO executives and stakeholders to cohabi- the Bermuda Fire and Rescue Service aggressively tate. The Hamilton Fire Station provided the EMO ac- procured medical grade personnel protective equip- cess to welfare facilities, computers and breakout ment for use by their firefighters and emergency med- rooms to support strategic meetings, press briefings, ical technicians. A supplementary is required to cover and joint agency operations. the unforeseen pandemic-related costs associated Hurricane Teddy. After careful consideration with procurement of medical supplies and personal of the weather forecast and in consultation with the protective equipment. The Bermuda Fire and Rescue EMO executive, the Bermuda Fire and Rescue Ser- Service has experienced an increased use of medical vice decided not to embody additional firefighters. supplies and personal protective equipment. This can Operations were supported by retaining the firefight- be attributed to firefighters assuming that every pa- ers who were currently on duty. This action substan- tient is COVID-19 positive until proven otherwise. tially reduced the overtime expense. The overtime The allocated budget for 2020/21 is $35,000 cost for Hurricane Teddy was $17,218. which was insufficient to meet the increased demands The total cost of the supplementary submis- for medical supplies and personal protective equip- sion for both Hurricanes Paulette and Teddy was ment for [fire] fighters. In addition, this supplemental $91,520. will support funding used to provide resources to sani- Mr. Chairman, most of the departments within tise administrative work areas to mitigate against the the uniformed services provide services 24 hours [a spread of the virus. day], 7 days a week, 365 days per year. These de- Expenses related to these activities included partments are predominantly run on shift patterns and the purchase of specialised face masks; purchasing must perform these duties at set times and at set COVID-19-specific sanitisers; and hiring of profes- standards of performance. Oftentimes the men and sional cleaners to conduct deep sanitisation of fire the women of this Ministry run directly into the face of stations, vehicles, communal and work spaces on two danger. They are involved in saving lives. And in line occasions. with our mission for the Ministry, they are Keeping For the 2020/21 period, the Bermuda Fire and Bermuda Safe. Our staff are often called to duty when Rescue Service has spent to date $105,675 on the most people are not having a very good day. COVID-19-related sanitisation, medical supplies and Mr. Chairman, I would like to commend the personal protective equipment. In addition, during the men and women of these Heads we have spoken month of May, the Ministry of Health required a num- about. They do a phenomenal job. At times it can be ber of the Bermuda Fire and Rescue Service staff to thankless. But we need and appreciate them. Bermuda House of Assembly 1308 26 March 2021 Official Hansard Report

That concludes my comments for Head 45, [Pause] Bermuda Fire [and Rescue] Service. The Chairman: We can’t hear you, Colonel. The Chairman: Thank you, Minister. I see you coming now. Any further speakers? [Laughter] Hon. Michael H. Dunkley: Yes, Mr. Chairman. Lt. Col. Hon. David A. Burch: You are too quick, Mr. The Chairman: Continue, Mr. Dunkley. Chairman.

Hon. Michael H. Dunkley: Thank you, Mr. Chairman. The Chairman: Yes, we drive a BMW. I certainly want to start [my comments] where the Minister finished off by saying that I certainly [Laughter] commend all of the services under National Security for the work that they do. And I also want to thank the Lt. Col. Hon. David A. Burch: Okay. Head 65, you Ministry staff for providing the information so the Min- want, Mr. Chairman? ister can provide the Budget Brief and also the Sup- plemental Estimates. The Chairman: Yes, Capital Development. The only comment I would like to make, Mr. Chairman, in regard to the Bermuda Fire [and Res- MINISTRY OF PUBLIC WORKS cue] Service is that the Hurricanes Paulette and Ted- dy, [the amount of] $91,520, in looking at the Budget HEAD 65—CAPITAL DEVELOPMENT Book for this year, I noticed that there is no line item amount for hurricane relief. I would suggest that it Lt. Col. Hon. David A. Burch: Mr. Chairman, the would be appropriate that [a line item] is added to next Ministry of Public Works was required to carry out year’s Budget Book so there is a proper accounting maintenance and improvements at Port Royal Golf for it. All these other supplementaries have managed Course, the venue for the Bermuda Championships. to find their way into the budget, which is appropriate, The Ministry undertook capital expenditures for Port and I would hope that to keep our Budget Book as Royal Golf Course upgrades and equipment of an ad- accurate as possible there could be a line item ditional project cost of $920,910. amount for that $91,520. With that, I thank the Minis- Mr. Chairman, the Ministry of Public Works ter for the overview. requested a technical supplement which is applied to cost centre 75306, Golf Course Improvements. Mr. The Chairman: Thank you, Honourable Member. Chairman, in the Throne Speech in November 2020 it Any further speakers? was announced the establishment of a Government There appear to be none. stimulus programme that would look to assist in ad- Minister, do you want to move Head 45? dressing unemployment in Bermuda as well as provid- ing assistance for small to medium-sized businesses Hon. Renee Ming: Surely. that were adversely affected by the COVID-19 pan- Mr. Chairman, I move that Head 45 be ap- demic. proved as presented. Identification of the roadside fencing project and landscaping works were one of the first to be es- The Chairman: It has been moved that Head 45 be tablished. Funds set aside for these programmes approved as presented. came from our capital development accounts, Road- Are there any objections to that? side Fencing 75358, and 75359 Landscape Works. There appear to be none. Mr. Chairman, the Ministry of Public Works requests Approved. that a technical supplement of $150,000 for landscap- ing work should be approved for capital accounts [Motion carried: Ministry of National Security, Head 75358 Roadside Fencing, and 75359 Landscape 45, Bermuda Fire and Rescue Service, passed] Works, respectively. Mr. Chairman, another project that has been The Chairman: Thank you, Minister. identified for this stimulus programme is the solar The next would be under Capital Develop- panel project. This project looks to purchase and in- ment, Ministry of Public Works. The Honourable Colo- stall solar panels on several government buildings. nel Burch, Minister, you have the floor. This project is on budget and will reduce our monthly energy costs and create savings going forward. [Pause] Mr. Chairman, the Department of Public Lands and Buildings is requesting a supplement of The Chairman: On Head 65, Colonel. Bermuda House of Assembly Official Hansard Report 26 March 2021 1309

$2,881,000 for account 75357, Solar PV Government the building as well? Or are we getting that free of Buildings. rent? I would be curious as to whether or not that in- Mr. Chairman, the Molecular Diagnostic La- cludes that. boratory [MDL] has been established primarily as lo- [I don’t] have really much about the Govern- cation to perform COVID-19-related testing. The origi- ment buildings. Maybe he could remind the public of nal budget was prepared when the lab was to use ex- where these solar PVs are so that the public will be isting space at Bermuda College. The scope has sub- aware of this great work going on to help save money sequently expanded to include building renovations at and power. the former Warwick Community Centre and internal fitouts to bring it into service. The Chairman: That’s it, Mr. Cannonier? Mr. Chairman, the Public Lands and Buildings Department request a supplement of $650,000 for Mr. L. Craig Cannonier: Correct. Yes. Capital Development 75356, Diagnostic Labs. Thank you, Mr. Chairman. The Chairman: Minister.

The Chairman: Thank you, Honourable Member. Lt. Col. Hon. David A. Burch: Mr. Chairman, I have a Any further speakers on Head 65, Capital De- question. I do not know where the $795,000 figure is velopment? coming from.

Mr. L. Craig Cannonier: Mr. Chairman. Mr. L. Craig Cannonier: Yes, if you look on page C-6 in the Budget Book, it says Roadside Fencing. Maybe The Chairman: Yes, Mr. Cannonier. Continue. that is an error. It is on page C-6, is the fifth item down from the top. I understand the $150,000 because I can Mr. L. Craig Cannonier: Thank you. see the revised amount of that, so you know, obvious- Just moving on with some comments that ly . . . we made it a prior, so a lot of them [INAUDI- were made by my colleague, former Premier Dunkley. BLE] cost to the taxpayer. But if you look at the esti- We are spending quite a bit on golf courses. The mates for 2021/22 you will see you are looking to question that I had there was . . . this is a capital de- spend $795,000. velopment allotment of $920,000. I also recognise in the budget that we were allocating course improve- [Inaudible interjections] ments of $1.2 million as well. I am just trying to compare the two. Is this in Lt. Col. Hon. David A. Burch: Oh, I see. Okay. So, addition to? What part of the capital development in the $795,000 is the estimate for 2021/22. That will the Budget Book were we looking to spend $1.2 mil- include the $150,000 for roadside fencing. lion? How much of that is going toward the PGA? Be- cause it is highlighted here as PGA Tournament, Cap- Mr. L. Craig Cannonier: Okay. ital Development. So in addition to the $920,000, we Mr. Chairman. are also saying that we are going to put $1.2 million on top of that. I am just trying to understand the dis- The Chairman: Yes. parity between the two. Moving down toward Roadside Fencing, Mr. L. Craig Cannonier: Okay, so the revised Landscape Works, the Honourable Minister also men- amount, the $150,000 for the revised amount. That is tioned that of the stimulus package he was putting not for the supplementary here? together, the $13 million that we have talked about, he mentioned that part of that $13 million was for road- Lt. Col. Hon. David A. Burch: Yes. side fencing, as well, putting that work out. So we are spending $150,000 here in addition to, if I look on Mr. L. Craig Cannonier: Okay. So now I am trying to page C-6, it says an estimate of $795,000. understand then the estimates. So you are saying Is it costing that much to do the roadside fenc- $795[,000] for the upcoming year? And then in addi- ing? [It is] $795,000, and in addition to that we are tion, as I mentioned, you mentioned that some of the going to spend $150,000, or have spent. It seems like fencing work will be done under the $13 million for the an excessive amount. Can you help break that down stimulus package. It just seems like a lot of spending for us? for roadside fencing. It could be correct. I don’t know. I have no questions on the landscaping work at all. And for the solar PV, this is a great thing. The Lt. Col. Hon. David A. Burch: I do not know the an- Honourable Minister mentioned what was going on swer to that. I will get clarity on that because the there in the Budget Debate. I am just curious, that 650 $150,000 Roadside Fencing and Landscape Works, . . . I’m sorry, the Molecular Diagnostic Lab. The $75,000, it has got to be this amount that is in the $650,000, does that include . . . are we having to rent supplementary. So I am not sure why they are also in Bermuda House of Assembly 1310 26 March 2021 Official Hansard Report the Budget Book. I will undertake to get clarity on that 2020/21 be approved as printed and be reported to because the other items that are here that we are talk- the House. ing about are part of the stimulus programme as well, that are not in the Budget Book. So I will get clarity on The Chairman: It has been moved that the Supple- that. mentary Estimates (No. 1) for Financial Year 2020/21 In relation to the golf courses, there is $1.12 be approved and be reported to the House. million in this current fiscal year and we are adding Any objections to that? $920,910 as well in this year. The Budget Book There appear to be none. amount is for Capital Development generally at Port Approved. And will be reported to the House. Royal. This $920[,910] is for this year’s PGA, as indi- Mr. Speaker. cated here. The $1.1 million is primarily for equipment that we have not purchased in a number of years. We [Motion carried: Supplementary Estimate (No. 1) for see these activities at the golf courses as balancing Financial Year 2020/21 was considered by a Commit- out years of neglect and setting us on a path where tee of the whole House and passed.] we can promise a grant funding for golf courses, both of them, that reflects their actual cost and allows them House resumed at 5:00 pm to actually catch up in terms of having the equipment to do the job we are asking them to do. [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] In relation to the MDL building, there is no rent for this building. This is [for] the renovations to bring it The Speaker: Yes, Deputy. up to speed. The building is owned by government already, so there will be no rent for the MDL building. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. The solar PV panels, the first two buildings Speaker. are here at the post office and the Government Ad- ministration Building, and to be followed by TCD and REPORT OF COMMITTEE DPT. We are following WEDCO’s lead in this regard, where they have installed, over the last two years, SUPPLEMENTARY ESTIMATE (NO. 1) solar panels that are generating $30,000 savings in FOR FINANCIAL YEAR 2020/21 electricity bills on a monthly basis. So we expect to see a decrease in the electricity bill for these buildings The Speaker: Members, are there any objections to as well. As well as we are installing renewable lighting the Supplementary Estimate (No. 1) for Financial Year in these buildings that are time sensitive, so when 2020/21 being reported to the House as printed? there is no movement they go off. No objections. We will move on. I think those were the questions that were The next item on the Order Paper today is the asked, Mr. Chairman. Public Health (COVID-19) Emergency Extension (No. 2) Order 2021 in the name of the Minister of Health. The Chairman: Yes. Any further questions? Minister. No further questions. [Pause] Proceed. The Speaker: Minister. Lt. Col. Hon. David A. Burch: Mr. Chairman, I move Members, I know that the Minister has those that Head 65 be approved. other items that were going to be done later on today. Maybe what we could do is just move on and she can The Chairman: It has been moved that Head 65 be do all of hers at the same time. Is that acceptable? approved. Thank you. Are there any objections to that? We will move on then to item no. 4, the sec- There appear to be none. ond reading of the Criminal Code Amendment (Non- Approved. Consensual Sharing of Intimate Images) Act 2021 in the name of the Attorney General and the Minister of [Motion carried: Ministry of Public Works, Head 65, Legal Affairs. Capital Development, passed] Minister, are you ready to present your mat- ter? The Chairman: Thank you, Ministers. Thank you, Honourable Members, for your participation. An Hon. Member: Mr. Speaker, she just stepped out I call on the Minister of Finance. of the room. She should be back in 30 seconds.

Hon. Curtis L. Dickinson: Mr. Chairman, I move that The Speaker: Thirty seconds. I can’t see folks, so I Supplementary Estimate (No. 1) for Financial Year am not going to even try. But we should not be sitting here with all this empty time on the air. Bermuda House of Assembly Official Hansard Report 26 March 2021 1311

An Hon. Member: Let me— BILL

The Speaker: I don’t want to have to move on to an- SECOND READING other item.—

CRIMINAL CODE AMENDMENT —just go get her. She just stepped An Hon. Member: (NON-CONSENSUAL SHARING OF INTIMATE out. IMAGES) ACT 2021

I beg your pardon? The Speaker: Hon. Kathy Lynn Simmons: Mr. Speaker, I am pleased to introduce to this Honourable House the Bill An Hon. Member: I am just going to run out to get entitled the Criminal Code Amendment (Non- her. Consensual Sharing of Intimate Images) Act 2021. I move that it now be read a second time. The Speaker: You are going to run out and get her? Mr. Speaker, this Bill seeks to amend the Members, you need to be following along just Criminal Code Act 1907 in Part X, which is “Offences as I have to sit here and follow along. Against Morality” by creating new criminal offences I am going to ask the question and I hope I and penalties relating to the non-consensual sharing get the right answer. Deputy Premier, are you sitting of intimate images or prohibit digital recordings that near your microphone? would apply to sending or threatening to send intimate images or recordings without consent. The Bill also [No audible response] creates the offence of observations or making visual recordings in breach of a person’s privacy. The Speaker: Deputy Premier? Mr. Speaker, when I tabled the Bill in this Honourable House last week, I gave an overview of Hon. Kathy Lynn Simmons: Mr. Speaker, apologies. the aims of the Bill and problem it intends to address. I am just coming out of a meeting. I am here. The Bill is principally modelled with similar amend- ments to the Queensland, Australia’s Criminal Code The Speaker: Madam Attorney General. as enacted in February 2019. Mr. Speaker, as legislators we know that the Hon. Kathy Lynn Simmons: Yes. law is often in a state of playing catch-up to novel ide- as, codifying new offences to capture the evolving The Speaker: We are calling your matter because the ways that humans cause harm to each other and Minister who was before you is not available. So keeping pace with technological advancements in our would you put your matter on at this point? digital age. The phenomenon of a new technology I will restate it for the public. It is the second facilitated abuse colloquially called “revenge porn,” reading of the Criminal Code Amendment (Non- now requires that we consider adding new offences to Consensual Sharing of Intimate Images) Act 2021 in the Criminal Code Act 1907 to address this abhorrent the name of the Attorney General and Minister of Le- problem. gal Affairs and Constitutional Reform. What is revenge porn, one might ask? Re- Minister Attorney General, present your mat- venge porn is sometimes called “non-consensual ter, please. porn” typically involves a sharing of content that is related to sexual intimate activity without the consent An Hon. Member: You are muted, Attorney General. of the person depicted. Often the threat to share or distribute intimate images or recordings is used to The Speaker: Yes, we cannot hear you. cause alarm or distress, to blackmail, or to exert un- due control over someone. Hon. Kathy Lynn Simmons: Apologies. Apologies. Mr. Speaker, revenge porn is a crime that re- Mr. Speaker, I move that the Bill entitled the grettably mostly affects women. It is often thought of Criminal Code Amendment (Non-Consensual Sharing in the context of romantic or intimate relationships be- of Intimate Images) Act 2021 be now read a second tween the parties involved, but this need not be the time. case. By some records, one in eight social media us- ers report being a target of some form of a non- The Speaker: Are there any objections to that, Mem- consensual porn incident. The rapid advances, Mr. bers? Speaker, in technology mean that more and more of There are none. our human activities are being captured in online or Continue, Minister. digital content. As a consequence, the speed and connectivity of technological advancements like the Internet and social media platforms accessible by our smart devices, accelerates and exacerbates the risks Bermuda House of Assembly 1312 26 March 2021 Official Hansard Report and harms associated with sharing intimate images distress. Intimate images are defined in clause 2 as and recordings. meaning moving or still video images depicting anoth- Mr. Speaker, it can be said that today’s tech- er person engaged in intimate sexual activity not ordi- nology-driven society has created new tools for an old narily done in public, the person’s genital or anal re- phenomenon. In that sense, it is true that limited legal gion, bare or covered only by underwear, or a per- consequences exist under our existing communica- son’s breasts. In revenge porn-type cases, victims are tions laws for conduct which is somewhat similar to often left without justice because of an unfair eviden- what is being proposed in the Bill. For instance, of- tial burden to prove the intent of the perpetrator, or fences in the Telecommunications Act 1986, and that that the victim suffered actual harm as a result of the is at section 53, and the Electronic Communications distribution of the intimate image. To address this, the Act 2011, section 68, may apply in very limited cir- proposed provisions expressly state that it is not re- cumstances. The offence in each of those Acts is for quired to prove that the accused person intended to the improper use of a public communication or tele- cause distress or that distress was actually caused by communication service. These prevailing offences ban the distribution of an intimate image. Distress need the sending of messages or other matter that are only be reasonably arising in all of the circumstances. grossly offensive, indecent, obscene or menacing Mr. Speaker, under this provision a person over communication service or telecommunication can be guilty of the offence even if the image has service. However, those offences, even if stretched to been digitally altered. Digital alternations could be the widest possible legal interpretation, can be seen used to create a false intimate image appearing to be as inadequate to address the contemporary issue of of the victim, or an image could be obscured yet still revenge porn and the abusive behaviour that it is depict the victim in a sexual way. By ensuring digitally predicated on. altered intimate images are captured by the new of- Also, there are no expressed criminal provi- fences, the provisions are also future-looking as they sions in the existing law that deal specifically with the can apply should our local law enforcement officers threat to distribute offending images. Mr. Speaker, the have to deal with Deep Fake images made using arti- public expects an effective law enforcement apparatus ficial intelligence technology. A statutory defence of for these types of offences. The provisions of this Bill justification in the public good is provided for in this will modernise the criminal law to keep pace with offence. It applies where the distribution of an intimate technological advancements. image is conducted in the interest of justice, science, Mr. Speaker, the relevant offences proposed medicine or education. within the Bill for inclusion in the Criminal Code Act Mr. Speaker, the proposed offence of distrib- 1907 are: uting prohibited visual recordings applies when a per- • observations or recordings in breach of priva- son distributes a prohibited visual recording of a per- cy; son without that person’s consent. A “prohibited visual • distributing intimate images; recording” is defined in clause 2 as a recording taken • distributing prohibited visual recordings; and where there is an expectation of privacy of a person • threats to distribute intimate images or prohib- engaged in a private act in a private place or of a per- ited visual recordings. son’s genital or anal region, whether bare or covered Mr. Speaker, the offence of observations or only by underwear. The person distributing the prohib- recordings in breach of privacy (and that is inserted in ited visual recording must have believed it to be a section 199A to the Criminal Code) protects an indi- prohibited visual recording in order to be found guilty vidual’s dignity and expectation to be afforded privacy. of the offence. The offence occurs where a person observes or visu- Sadly, Mr. Speaker, recognising intimate im- ally records another person without their consent in ages or prohibited visual recordings may also take the breach of the other person’s privacy. There are two form of threats to distribute the content in ways that types of breach of privacy offences under this provi- undermine trust that formerly existed between the par- sion. The first deals with situations concerning observ- ties, or the images or recordings could simply fall into ing or visually recording private acts like showering, the wrong hands of someone set to exploit the situa- using the bathroom or other activities in a state of un- tion. Often the threats to distribute may even be made dress in a private place. The second relates specifical- against another person not depicted in the image but ly to observing or recording a person’s genital or anal who would suffer harm nonetheless. region. Real life situations such as unlawful surveil- For example, threats may be made to an em- lance or hidden cameras will be captured by this of- ployer about an employee, or to a parent or family fence. member of the person depicted in the image or re- Mr. Speaker, the offence of distributing inti- cording. To address this, the proposed amendments mate images (and this is an insertion of section 199B also create a new offence of threats to distribute inti- into the Criminal Code) criminalises conduct where a mate images or prohibited visual recordings. This of- person distributes intimate images of another person fence applies to threats made that would cause dis- without consent in a way that would cause a person tress and fear to the person depicted in the image or Bermuda House of Assembly Official Hansard Report 26 March 2021 1313

recording to another person. The intimate image or offences. Creating a criminal justice framework will prohibited visual recording does not have to exist for also indirectly protect societal values by upholding the offence to occur. privacy and personal protections from the irreparable The rights to distribute remain a criminal of- harm that such violations inevitably cause to others. fence even if the subject matter is imaginary or ficti- Last but not least, Mr. Speaker, I would like to tious. The perpetrator of threats to distribute often acknowledge and thank the technical officers in the hopes to expose, humiliate, embarrass or cause repu- Ministry of Legal Affairs and Constitutional Reform for tational damage to their victim. Undoubtedly, the their excellent work in advancing this very important stress and trauma imposed on the victims of such acts initiative. Namely, the drafter of the Bill, and their families can be far-reaching. Suicide or at- Deputy CPC [Chief Parliamentary Counsel], Lorraine tempted suicide has been known to happen in some Welch; the Director of Public Prosecutions, Cindy of the gravest cases. For the purpose of the offence of Clarke (who is with me today); and lawyer and public threats to distribute it is immaterial that the person policy analyst, Jason Outerbridge, and the acting making threats intends to cause or actually causes Permanent Secretary, Gina Hurst-Maybury. fear. This way justice remains accessible to victims. Thank you, Mr. Speaker. Mr. Speaker, to operate as an appropriate de- terrent and to ensure the seriousness of the offence is The Speaker: Thank you, Minister. understood by the public, the penalties for all of the Does any other Honourable Member wish to proposed offences are up to three years of imprison- make a contribution at this time? ment on summary conviction and up to five years im- prisonment on indictment. Further, Mr. Speaker, vic- An Hon. Member: Thank you, Mr. Speaker. tims of the crimes codified in this Bill are likely to want to have a remedy from the court that can seek to stop Another Hon. Member: Yes, I do, Mr. Speaker. the distribution of any unlawful images and have them deleted altogether. In this regard, provisions are made The Speaker: MP Pearman. in the Bill to allow the court to make a rectification or- der ordering the removal, retraction, recovery, deletion Mr. Scott Pearman: Yes, Mr. Speaker. or destruction of any offending images after a suc- cessful prosecution. The Speaker: Yes. Mr. Speaker, this Bill deals only with the crim- inal aspects of the revenge porn issue. It achieves this Mr. Scott Pearman: Thank you, Mr. Speaker. by creating relevant offences and proportionate penal- I thank the Honourable and Learned Attorney ties to dissuade offending behaviour. Provisions in the General for bringing this legislation forward. It is legis- Bill also ensure that cases can be successfully prose- lation that is supported by the Opposition. And it is cuted without undue evidential burdens on the part of nice to see, as is so often the case in this House, the victim. We are mindful that the criminal law can when we can be bipartisan about matters. The obser- sometimes be a harsh instrument to address contem- vations that I have about this Bill are all offered in porary social and moral issues. Deterring the offend- good faith in an attempt to potentially point out a few ing behaviour and effective punishment cannot be the bits and bobs in the Bill itself that may merit further only tool to address the revenge porn problem. consideration. But on the whole, we are supportive of Criminal justice approaches must be support- the Bill. ed by other solutions encompassing civil law reme- Mr. Speaker, I note that when the Honourable dies, public awareness, education and other commu- and Learned Attorney General gave her Statement to nity-wide efforts. Individually and collectively we have the House only a few short days ago, on the 19th of a responsibility to be vigilant and discerning about the March, in regard to this upcoming Bill, her Statement types of images and recordings we participate in, es- dealt with this issue in the context of revenge porn. pecially if they were captured on the most intimate And that is a sort of vernacular expression as to what activities. We ultimately know that in today’s digital this Bill is targeted at. I think the Honourable and age, we have little control over most content captured Learned Attorney General would agree with me that in in the digital form. fact the Bill goes further than that. It is broader than It is anticipated, Mr. Speaker, that the pro- simply the concept of revenge porn. It deals with the posed amendments to the Criminal Code will directly idea of intimate image abuse. Abusive Internet images protect victims of revenge porn and others whose pri- can occur in a number of ways, and this deals with a vacy would be violated by misuse of intimate images number of offences relating to that abuse. It may in and private recordings occasioned by the misuse of fact go beyond the concept of someone motivated by the Internet in the 21st century advancement of con- revenge and indeed there could be intimate images nectivity. that may not be otherwise thought of as pornographic This achieves the Government’s Throne but could be images that would nonetheless cause Speech commitment to protect victims of such cyber distress and offence. Bermuda House of Assembly 1314 26 March 2021 Official Hansard Report

It is an amazing example of how quickly so- some drafting similarities with that. And so hopefully ciety can move and the need of our laws to move that will show a little bit of the way, the path as to how quickly to try to keep up with it. I was going to ask, I these have been dealt with. was curious as to where the Bill came from and I would like to just before closing touch on two whether or not it was based on another jurisdiction, important philosophical issues. And that is the issue of and the Honourable and Learned Attorney General intent, the issue of motivation. This Bill has decided addressed that in her Statement to the House just that the intention and motivation is irrelevant. What now, that this is based upon something from Australia, that means is that acts which might have been inno- as recently as February 2019. cently intended may still be caught. And I appreciate For those who are interested in the topic, that that is a judgment call on the part of the Govern- there is an extensive Law Commission report out of ment and those drafting the Bill. And if it is to apply, as the United Kingdom, [Consultation Paper] No. 253, I understand it will, to persons of 18 years and above, which was in fact only published on the 26th February then perhaps that is understandable. 2021. So this is very much an area of advancing con- The second important philosophical issue cern where the law is trying to move to keep up with it. here, Mr. Speaker, is about the notion of harm that is And of course, it is funny that we use the expression caused. The Honourable and Learned Attorney Gen- technological advancements because sometimes eral talked about the concept of actual harm and said what seem like improvements in technology come that it need not necessarily (as I understood it) be with their own concerns and deprivations that cause shown. And we will look at some of these sections in problems. So advancement is not always the correct Committee. But when one is dealing with concepts of word in terms of the impact that can be had. And, you actual harm, it is important to know whether or not it is know, for all the good that social media brings, social a requirement because there is subjectivity and objec- media also brings with it many ills. tivity as to the notion of harm and it can get a little bit One of the questions that I had for the Hon- complicated for the courts, and indeed for the courts ourable and Learned Attorney General is to whom, or where juries are involved. And so it is important to drill against whom, or for whom is this Bill targeted? The down on that. definition of person is not in the Bill. I am assuming I have a couple of points to pick up on that in that it will either be in the primary Act or it will be an Committee on the notions of distress and fear. And interpretation Act, but I am assuming without knowing, those points are offered in good faith if they assist but I welcome clarification from the Attorney General, those drafting the Bill. So, Mr. Speaker, I understand as to whether this is to be targeted at only those who there are others in the House who do wish to speak to are adults (age 18), or whether it is envisaged that this, but those are my comments on behalf of the Op- there may be minors here. So perhaps if she could position. Thank you, Mr. Speaker. just deal with that briefly in her response. Additionally, when we talk of social media we The Speaker: Thank you, Honourable Member. do talk of our youth and our young people. And, Mr. Speaker, as the father of four young children, I would Mrs. Ianthia Simmons-Wade: Mr. Speaker. like to know if this very good piece of legislation, this well-intentioned piece of legislation will also come with The Speaker: Does any other Honourable Member educational and promotional activities for our children wish to make a contribution? in our schools, because one of the things that the At- torney General dealt with (and I will come to it in a [Inaudible interjections] moment) is this idea of motivation. I think motivation is something that can often more easily understood by Mrs. Ianthia Simmons-Wade: Yes, it is Mrs. Sim- adults. But sometimes it is not necessarily as easily mons-Wade. perceived by those who are younger, those who are minors who might do things thoughtlessly and per- The Speaker: I am hearing two voices. haps not seeking revenge but thinking in some way- ward way that what is being done is funny or part of [Inaudible interjections] the game. So I think to the extent that there can be promotional activities in our schools on this issue and The Speaker: Mrs. Simmons-Wade? topic, this would be welcomed. I know there was speaker who came to the Island who gave a series of [Inaudible interjections] seminars at some of the schools. I attended one of those and she was excellent. It was very informative. The Speaker: I have two Simmons’ here. Just on the origins of the Bill itself. As I say, I now hear it is from Australia. I take a look at the UK Mrs. Ianthia Simmons-Wade: Okay. Simmons- position, which is under section 33 of the Criminal Wade. Justice and Courts Act 2015, and I see there are Good afternoon, Mr. Speaker. Bermuda House of Assembly Official Hansard Report 26 March 2021 1315

I speak in support of the Criminal Code Are you still . . . would you like to make a con- Amendment (Non-Consensual Sharing of Intimate tribution, Mr. Simmons? Images) Act 2021. This actually brings Bermuda in line with legislation and practices in other countries Mr. Jamahl S. Simmons: Sure, Mr. Speaker, I would and jurisdictions including Italy, Germany, Africa, be glad to. Canada, Australia, 40 US states, Washington, DC, and the US military. The Speaker: Okay. MP Jamahl Simmons. Yes. Mr. Speaker, social media and access to cameras have resulted in increasing malicious distri- Mr. Jamahl S. Simmons: Thank you, Mr. Speaker. bution of personal images without consent. This prac- Just briefly, I would like to first of all echo the tice is a form of psychological and domestic abuse as comments made by the two previous speakers. But I well as physical abuse. It is to humiliate and intimi- also would like to commend the Honourable and date, to blackmail, to coerce into continuing relation- Learned Attorney General for her pattern of reform. ships, to destroy reputations, to punish for ending re- And what I mean by that is that she has led reform for lationships and also for financial gain. These attacks the reporting of sexual offenders and the monitoring of ruin lives, ruin reputations, and they have even result- sexual offenders. She has led reform [concerning] the ed in suicide, Mr. Speaker. exploitation of children. And now bringing this land- In a small Island like Bermuda the impact is mark legislation protecting our women and, as my fel- even greater because it significantly impacts current low colleague said, men as well who could be victim- and future relationships, employment, and also your ised by this despicable act. reputation. Mr. Speaker, very often when we think of Mr. Speaker, I think it cannot be stated revenge porn we think of women. But this also signifi- enough, the pain, the embarrassment, the humiliation cantly impacts men and also it impacts on children. In that has been documented in news articles, in criminal the UK the level of revenge porn has actually in the cases, even in mass media, the impact this has on past two years doubled. Mr. Speaker, 75 per cent are people. It is something that has been very dangerous women. and deadly and it is unfortunate that technology has However, there is also a tendency not to re- taken things in this direction. But I think that the Attor- port internationally. And based on data, the assump- ney General with her pattern of reform and protecting tion is made that a third of the victims do not report. our children, protecting the society against sexual of- Mr. Speaker, it is not about the perpetrator. It is also fenders, and now protecting society against revenge about the victim. How would you feel if your son or porn, is slowly building up a very good reputation for daughter had a pornographic video sent to everyone protecting our people, and I commend her. Thank you, in [their] school? They would still have to live in Ber- Mr. Speaker. muda. Mr. Speaker, as Madam Attorney General The Speaker: Thank you, Honourable Member. stated, the relevant offences are: Does any other Honourable Member wish to • observations or recordings in breach of priva- make a contribution at this time? cy; • distributing intimate images; Hon. Tinee Furbert: Mr. Speaker. • distributing [prohibited] visual recordings; and • threats to distribute intimate images or prohib- The Speaker: Yes. Minister Tinee Furbert. ited visual recordings. This legislation, Mr. Speaker, is long overdue Hon. Tinee Furbert: Yes. and it has been welcomed by the public and many people who campaigned, including the Centre Against The Speaker: You have the floor, Minister. Abuse, Women’s Resource Centre, and Social Justice Bermuda. Hon. Tinee Furbert: Thank you, Mr. Speaker. Mr. Speaker, my hope is that the incidence of I would also like to thank Minister Kathy Lynn revenge porn will drop as public awareness increases Simmons and her team for bringing this legislation and the issues and condemnation grow. Mr. Speaker, forward. We have heard already that the Opposition this legislation is one of the Government’s Throne agrees to this legislation. It is legislation that is pro- Speech initiatives to protect victims of cybercrime of- gressive. It is legislation that will be helpful for people fences. in our community. For some time now, Mr. Speaker, Thank you, Mr. Speaker. there have been many people who have gone to court already to try and have a case heard in regard to non- The Speaker: Thank you, MP Simmons-Wade. consensual sharing of intimate images and the case I know MP Jamahl Simmons was trying to get has been thrown out because there has not been in before. supportive legislation or supportive protections for persons going to court in these instances. Bermuda House of Assembly 1316 26 March 2021 Official Hansard Report

We all can find ourselves in that trap at times ries. And for those persons who have ever, ever en- where we receive an image that is supposed to be for dured the sharing of non-consensual intimate images, our eyes only and just that quickly, Mr. Speaker, a Mr. Speaker, this legislation is for you. As with domes- person [hits] share. And so what we want our people tic violence and physical or emotional abuse, Mr. to know is that as a Government we are no longer Speaker, you can see a bruise, or some sort of visual standing for this and we are going to provide you with [that] you can see. And I would put this non- protections. consensual sharing of intimate images in the same For some time now social media has had very category as a bruise or a broken bone. But a bruise or harmful consequences when it is not used properly. broken bone can heal; right? In this instance if this And, you know, being in the Ministry of Social Devel- issue is not addressed, these images can resurface opment and Seniors I hear a lot of hurtful and harmful again causing even more harm for persons not to heal stories of what someone had done to someone and as effectively. And so you never want to underesti- how it has hurt them and how it has affected them. mate what these visual images can do when you de- Actually, I have studied it a little bit to know that an cide to view or when you decide to share. image that is put out there will last a good two weeks, So, again, I want to thank the Minister for it will go around and last a good two weeks before the bringing this legislation forward. And with this legisla- posting starts to die down. tion we want the people of Bermuda to know that now I am just raising that for anyone who has had there is potential for healing for some. You know, this to go through this. Even though it goes around and does ring really close to me and I just want to say, KW there is effectively two weeks before it dies down, this is for you. there is an image out there that can be lasting. And Thank you, Mr. Speaker. once it is on the Internet, or once it is through social media, it is out there and it can be brought up at any The Speaker: Thank you, Minister. time. And so it just raises the importance of this Bill. It Does any other Member wish to make a con- raises the importance of why disclosing a private sex- tribution at this time? ual explicit image to someone other than the intended audience is actually described as pornography. Ms. Susan E. Jackson: Yes, Mr. Speaker, I would Sometimes, Mr. Speaker, these images would like to say a few words. come across you and they are not actually for public sexual entertainment. It is actually sometimes not ap- The Speaker: MP Jackson, you have the floor. peasing to view a video or image, because it was meant to stay between a certain party privately. So I Ms. Susan E. Jackson: Thank you, Mr. Speaker. just want everyone out there to realise that it is not My piece is focusing a bit on the deterrent. It just porn. It is these images that are non-consensual seems as though, at least in the general view, children that are shared images which are hurtful. who are under the age of 18 are oftentimes victimised Mr. Speaker, it can also result in life-long by this kind of activity. And right now it seems as mental health consequences. We have heard our col- though this legislation is dealing with those 18 and leagues speak earlier in regard to leading to suicide. older. So I am just curious what we can do, and then But also, other than suicide there are mental health speaking in support of my colleague’s suggestion of consequences. When we have a Bill like this, we are education and awareness in the schools, to deter our looking at who should be liable, whether criminally or young people in their teenage years from engaging in civically, we will have to look at each person’s respec- this kind of activity. tive role and the role they played in the sharing of As Minister Furbert has just mentioned, the non-consensual intimate images. And the question long-term emotional trauma that goes along with the always arises of how far should criminal law go in idea that non-consensual images have been widely making a person criminally responsible? And it is al- distributed amongst your peers is just devastating. ways clear when the proposed offender is the person And I just do not know what we can do to enforce any who took the image, but after that it may not be so kind of punishment on young people who are under clear. the age of 18 who engage in this and sometimes are We are so very thankful for this legislation be- spiteful and intentional about the activity. cause if you are guilty of this crime, you will receive a So feeling as though under the age of 18 they term of imprisonment not exceeding three or five can get away with it, to me, is unacceptable and I be- years which the Minister spoke about earlier. It would lieve that we as a Government can come up with be interesting for colleagues to know that actually in some ideas to dissuade that kind of information- some jurisdictions there are fines associated with this sharing amongst our young people. for up to millions of dollars and even more time of im- On the other side, there are adults out there prisonment. who almost use this . . . it could almost be defined as But today, Mr. Speaker, we want the people of abusive relationships, where people use images that Bermuda to know that the Internet does have bounda- have been captured in privacy and either use that to Bermuda House of Assembly Official Hansard Report 26 March 2021 1317

manipulate people or use it as revenge. As far as I am keep abreast of developments in this space with re- concerned, three to five years is not enough given the gard to the subject. fact that it can destroy your employment, it can de- So the Bill, who is it targeting? The Bill is tar- stroy your opportunities for further education, it can geting adults and minors. There is no distinction spoil relationships. based on age in the proposed offences. But MPs will And so I just consider this to be a very, very know, Mr. Speaker, that we actually have offences serious offence. I would like us as parliamentarians to already for child pornography which in fact attract make sure that this legislation does not just get higher penalties. passed and put into the judicial system, but that we as With regard to the educational outreach, MPs a community enforce some level of awareness and will be reminded of the Child Safeguarding initiative, education to create a level of integrity in our communi- Mr. Speaker, which was quite extensive and associat- ty to not abuse one another like this. ed with that, which will be the necessary outreach And so, Mr. Speaker, I again think this is a which has in fact begun by the Child Safeguarding very good step forward. I am so sorry for those who Committee. have been victimised by this. Hopefully, Bermuda as a With regard to the intent . . . well, it talks about jurisdiction can navigate its way to be able to say that distress and harm altogether. So both of those terms this kind of activity does not happen on a regular basis are not defined and will take on their ordinary mean- here in Bermuda but that it is more of a rare [occur- ings when it is necessary for that to be the case. So, if rence] because we have put in the deterrents and the the requirement for distress or harm were admitted education so that people do not conduct what I con- there could be circumstances that do not warrant sider to be very malicious activity. criminal action that may be captured . . . well, they are Thank you, Mr. Speaker. not captured by defence, such as, when a parent sends family members and friends photographs of The Speaker: Thank you, Member. their new born [baby] to other family members, so we Does any other Honourable Member wish to are happy with the way we have drafted those provi- make a contribution at this time? sions. No other Member. I will leave it at that for now because we are Minister. going into Committee on the specific provisions, Mr. Speaker. Hon. Kathy Lynn Simmons: Thank you, Mr. Speak- So with your leave I ask that the Bill be com- er, and thank you to Honourable Members who have mitted. indicated their support of the Bill and also raised some interesting points for consideration. The Speaker: Thank you, Minister. Firstly, just by way of overview, with regard to Deputy. the fact that the Bill does go further than revenge porn, we looked at local laws and there is an indica- Hon. Derrick V. Burgess, Sr.: Yes, thank you, Hon- tion that we did not have specific offences which cap- ourable Speaker. ture the behaviours associated with revenge porn so we now have that provision. The existing laws are lim- House in Committee at 5:40 pm ited because they focus more on the offensiveness. And I spoke about this in the brief, indecency or ob- [Hon. Derrick V. Burgess, Sr., Chairman] scenity of the content which does not strictly protect privacy and intimate images or recordings which may COMMITTEE ON BILL not factually be offensive and so on. So, this new law that is proposed will actually CRIMINAL CODE AMENDMENT include . . . and MP Pearman is correct, the new law (NON-CONSENSUAL SHARING OF INTIMATE that is proposed will include offenses specifically relat- IMAGES) ACT 2021 ing to non-consensual sharing of intimate images. So it is a wider scope that we trust we have captured in The Chairman: Honourable Members, we are now in this Bill. Committee of the whole [House] for further considera- With regard to its origins, we did look at Can- tion of the Bill entitled the Criminal Code Amendment ada. We looked at the UK and Australia. And Queens- (Non-Consensual Sharing of Intimate Images) Act land, Australia was determined to be the chosen 2021. model as the jurisdiction for us because it fit more Minister, you have the floor. seamlessly into our criminal code. So those laws con- tain greater protection for victims than the UK and the Hon. Kathy Lynn Simmons: Thank you, Mr. Chair- Canadian models. So we are happy that we have man. modelled it correctly at this time, but we certainly will

Bermuda House of Assembly 1318 26 March 2021 Official Hansard Report

Mr. Chairman, I would like to move with your • Subsection (1) of [section 199D] pro- indulgence I would like to move all four clauses to- vides that a person commits an offence if gether. the person makes a threat to the subject of an intimate image or prohibited visual The Chairman: Continue, Minister. recording to distribute, without consent, such intimate image or prohibited visual Hon. Kathy Lynn Simmons: Thank you. recording, and in circumstances where Mr. Chairman, the Bill amends the Criminal the threat would cause the other person Code Act 1907 relating to non-consensual sharing of who is threatened distress or fear, rea- intimate images or threats to share such images, ob- sonably arising in all the circumstances servations or recordings that are made in breach of that the threat would be carried out. privacy and it makes connected and related provi- • Subsection (2) of [section] 199D pro- sions. vides that a person commits an offence if Mr. Chairman, clause 1 provides a title for this the person makes a threat to another Bill. person (person A) to distribute an inti- Clause 2 amends section 176A of the Crimi- mate image or prohibited visual record- nal Code Act 1907 to insert the definitions of “intimate ing of a third person (person B) without image,” “prohibited visual recording,” “private act” and the consent of the person depicted (per- “private place.” son B), and in a way that would cause ei- Clause 3 inserts sections 199A, 199B, 199C, ther the person depicted (person B) or 199D and 199E in the Criminal Code Act 1907. the person threatened (person A) dis- Section 199A creates an offence where a per- tress or fear, reasonably arising in all the son interferes with personal privacy by observing oth- circumstances, that the threat would be ers in breach of their privacy. carried out. Section 199B creates an offence of distrib- • Subsection (3) sets forth the penalty for uting an intimate image of another person without that an offence under subsection (1) or (2). person’s consent: • Subsection (4) confirms that, for either of • Subsection (1) of section 199B provides the offences in subsection (1) or (2), it is that a person who distributes an intimate immaterial whether the intimate image or image of another person, without that prohibited visual recording exists or does person’s consent, and in a way that not exist or whether the person who would cause the other person distress made the threat intends to cause or ac- reasonably arising in all of the circum- tually causes distress or fear that the stances commits an offence. threat would be carried out. • Subsection (2) provides the penalty for Section 199E will empower the court to order the offence. removal or retraction of distributed images or visual • Subsection (3) provides that it is immate- recordings upon conviction of the new offences pro- rial whether the person who distributes vided for in this Bill. Failure to comply with such an the intimate image intends to cause or order will be an offence with a maximum penalty of actually causes distress. twelve months’ imprisonment. • Subsections (4) and (5) provide a de- And finally, Mr. Chairman, clause 4 provides fence where the alleged conduct was for for the commencement of this Bill. specified purposes and was in the cir- cumstances justified for such purpose. The Chairman: Thank you, Minister. Section 199C creates an offence of distrib- Are there any further speakers? uting a prohibited visual recording of another person without that person’s consent: Mr. Scott Pearman: Yes, Mr. Chairman. MP Pear- • Subsection (1) of section 199C provides man, please. that a person who distributes prohibited visual recording of another person, hav- The Chairman: Yes, Honourable Member, continue. ing reason to believe that it is such re- cording, commits an offence. Mr. Scott Pearman: Yes, thank you, Mr. Chairman. • Subsection (2) provides the penalty for Honourable and Learned Attorney General, I the offence. just have a couple of questions. My first one relates to Section 199D creates two new offences to clause 2 of the Bill, but if I could just give an overarch- prohibit threats to distribute, without consent, an inti- ing preamble for just a second to make the question mate image, or prohibited visual recording, including clearer. where the material may not exist: It seems like the Bill is doing five things. One is the rectification order at the end that we will come Bermuda House of Assembly Official Hansard Report 26 March 2021 1319

to. Another is the threat to distribute images. And then of an observation (as it does at clause 3, [section the other three are three different scenarios of imag- 199A](2) but also in respect of an intimate image. es. One is a prohibited visual recording, another is an And so, Honourable and Learned Attorney observation by a person, and the third is the intimate General I just offer that for you to take under advise- images. ment if you think that this is a sensible modification to So, just looking at those three concepts, inti- avoid unintended consequences. mate images, the prohibited visual recordings, and the My second question arises on under clause 3, observations, if you look at page 2 of the Bill, you see and it is over at page 3 of the Bill, under the heading at the top of page 2, the definition of “prohibited visual “Distributing intimate images.” Again, my question recording.” And if you look down to the (b), [following] here is just as to the law of unintended consequences, that, you see “a visual recording of the person’s geni- because we all know what this Bill is trying to achieve, tal or anal region, when it is bare or covered only by and quite rightly so. Under the definition “Distributing underwear, made in circumstances where a reasona- intimate images” under [section] 199B(1) it says, “A ble adult would expect to be afforded privacy in rela- person who distributes an intimate image of another tion to that region.” And that makes sense, I would person—(a) without the other person’s consent; and suggest, because it is clarifying that the visual record- (b) in a way that would cause the other person dis- ed of underwear in that circumstance is really not just tress reasonably arising in all the circumstances, underwear anytime, but in special circumstances commits an offence.” where a reasonable adult [would expect] to be afford- So I just ask the Attorney General if she could ed privacy. And that same language appears further give us her view as to whether or not that definition down on page 2, under clause 3, [new section will catch those who might be forwarding a porno- 199A](2) where we see, “A person who without lawful graphic image online, an adult, for example, because authority observes or visually records . . . in circum- it seems as if it might. But I would be grateful and no stances where a reasonable adult would expect to be doubt the courts would benefit from your guidance, if afforded privacy in relation to that region.” So there is you think it would not extend to that. a sort of privacy element to both the observation and The next question . . . Mr. Chairman, shall I the prohibited visual recording further up on page 2. just put my questions in numerical order and let the Against that background, I just wonder if one answers come? How would you like me to do it? goes back to page 1, and the definition of “intimate image,” whether the definition of intimate image The Chairman: Yes. Continue. should not also have that phraseology, “made in cir- cumstances where a reasonable adult would expect to Mr. Scott Pearman: My next question is also at that be afforded privacy in relation to that region”? And I section 199B at page 3, under clause 3. And that is would suggest it could appear and probably should whether this is a subjective or objective test. And I appear at clause 2(a)(ii) right after “the person’s geni- think the answer is that it is objective. tal or anal region, when it is bare or covered only by If you look at [section] 199B(3) it says, “For underwear.” And the reason I make that suggestion subsection (1)(b), it is immaterial whether the person . . . and it may well be a fault from the Queensland who distributes the intimate image intends to cause, legislation, but it just seems odd that it is applied to or actually causes, the other person distress.” And so two scenarios but not to the third. And if one tests it I understand that to mean––and I would be grateful for with some practical examples, one can see the law of clarification, and I think you said as much or some- unintended consequences cropping up. thing similar in your address to the House in the brief– So, for example, the current definition of inti- –that mens rea, the intention of the person distributing mate image, without that phraseology, might catch the image, is an irrelevancy. someone where there is an advertisement of some- Then, still under section 199B under clause 3, one in their underwear. Take for example, underwear still at page 3, my next question is on [section] packaging for sale, would in theory be contrary to this 199B(4). And that is the sort of carve-outs. So these definition. Likewise, if you see at clause 2(a) intimate are instances where someone shall not be convicted image “means a moving or still image” a still image of an offence if they are doing an act that is one of the could be photograph or a painting of a nude person or listed acts, because there is a justification defence a person in underwear. here. And I have just two questions arising from that. And I appreciate that this may be addressed One is, if you do not think that we need to amend the by the concept of consent in the offences, but it does definition of intimate image as I suggested, to add the seem that maybe the Bill could be improved by using phraseology that we discussed, that it applies to pro- the phraseology made in circumstances where a rea- hibited visual recordings, whether there should be a sonable adult would expect to be afforded privacy in justification here for the sale . . . or of art, or the sale relation to that region not only in respect of a prohibit- of underwear products. And in any case, my further ed visual recording (as it does at page 2) or in respect question also at [section] 199B(4) is just on the admin- istration of justice justification. Bermuda House of Assembly 1320 26 March 2021 Official Hansard Report

I assume that this would mean it is a defence at (3), “it is immaterial whether the person who distrib- where someone is seeking to prevent or detect or in- utes the intimate image intends to cause, or actually vestigate a crime. I am thinking here, for example, causes, the other person distress.” And so my ques- where a concerned parent might take a picture of a tion then is whether 199B(3) and that language should child or a child’s genitals, et cetera, for the purposes be repeated under 199D(4) at page 4. I think it proba- of evidence-gathering where they were concerned bly should and that it would make clear what you are that someone unknown to them or in the family was seeking to do here, which is that it is immaterial both abusing the child. And I hope and I am confident that as to fear and distress for the purposes of an offence the administration of justice justification would cover involving three people. I may be wrong, but I think that that. But I think again it would be helpful to have your that would make clearer what is intended here. commentary on that. My final question, Mr. Chairman, relates to the The next question I have is a sort of question last page of the Bill, page 5. And this is under [pro- on this concept of actual harm. And if ones looks as I posed section] 199E, and it is the rectification point, did—I did not appreciate that this was coming from which in practical terms is where someone has com- Queensland; I looked at the UK legislation. And I not- mitted an offence and is told to basically try to rectify, ed that there was a further justification for the concept to reasonable action, taking down the picture or im- of actual harm under section 33 of the 2015 [Criminal age. And it says over the page at page 5 that a person Justice and Courts] Act within the UK. And that justifi- is liable not exceeding 12 months where under cation was this, that a person charged with an offence 199E(2) they fail to comply with the order made to under this section is not to be taken to have disclosed take the image down. an image with intent of causing distress merely be- And so in respect of that additional offence, cause that was a natural and probable consequence the failure to rectify offence, my question is whether or of the disclosure. not that will be served concurrently or whether that So you need something more than just the would be, as I anticipate, consecutive. Would it be fact of disclosure in order to prove the case. And I added to the original offence? Because it seems to would invite the Honourable and Learned Attorney me it is a belt and braces thing there. Not only have General and her team just to take under advisement they distributed the image or threatened and done whether or not that point at section 33(8) of the UK something wrong; but then when told to correct it in a legislation—whether that is a sufficiently beneficial reasonable way, they do not. And so I would just be addition to, to make better law. grateful for clarification from the Learned and Honour- Over the page then, I am now at page 4 of the able Attorney General as to whether or not that would Bill, still under clause 3. And I am under the section at be added on top of any sentence in respect of another the top of the page which is [proposed section] 199D. breach arising within the Act. And this is the concept of threats. And it seems like My last question, Mr. Chairman, is in re- this has two different offences in mind. It is 199D(1), sponse to the answer given by the Learned and Hon- and there is an offence there. And that is the offence, ourable Attorney General in the debate— as I read it, between two people only. And the only element of that offence is at 199D(1)(b) where there is Hon. Walter H. Roban: Mr. Chairman. Point of clarifi- a need to cause fear. And below that, 199D(2) is an cation if I could. offence involving three people. It is where the threat is made to person A about an image involving person B. The Chairman: Just one second. The speaker has to So there is a tripartite situation here. agree to a point of clarification. And in this tripartite situation, it is not just fear; it is distress to either A or B, and then fear. And the Mr. Scott Pearman: I will take a point of clarification. reason for my setting that out is if one looks down the Thank you, Mr. Chairman. page at 199D(4), it says, “For subsections (1) and (2) it is immaterial whether—(a) the intimate image or The Chairman: Okay. Thank you. prohibited visual recording exists or does not exist . . .” And then at (b) it goes on to say this: “It is imma- POINT OF CLARIFICATION terial whether . . . (b) the person who makes the threat intends to cause, or actually causes, the fear men- Hon. Walter H. Roban: This was not to unnecessarily tioned in the subsection.” interrupt the Honourable Member, but I cannot see And I am highlighting this because it seems to him on the screen. His camera does not seem to be me that [clause 3, proposed section 199D] (4)(b) only on. Or maybe that is just a malfunction on my part. deals with 199D(1) and fear and that actually it should deal with 199D(1) and 199D(2), and both distress and Mr. Scott Pearman: I just pushed the button. Am I fear. And to make that point good, if you just turn back now visible? to page 3 and you see how [proposed section] 199B(3) deals with it, it says there (at 199B page 3), The Chairman: Yes. Bermuda House of Assembly Official Hansard Report 26 March 2021 1321

Mr. Scott Pearman: I am sorry. I apologise to the I will pause for one second. Honourable Member. I apologise, Mr. Chairman. I did not appreciate that my camera was off. The Chairman: Okay.

The Chairman: It was on, but then it was off. [Pause]

Mr. Scott Pearman: Mr. Chairman, with your leave, I The Chairman: We are still on. was just giving my last question. Minister?

The Chairman: Go ahead. Hon. Kathy Lynn Simmons: I am sorry. Thank you, Mr. Chairman. Mr. Scott Pearman: Thank you. I am being assured by my drafter and the This is just a general point, and it was just a DPP that the provisions as currently drafted correctly question about who the Bill was targeting and the age reflect the intent. And so I would welcome the Hon- limit. And I understood the Attorney General to indi- ourable Member to be more—and I know the Honour- cate that there is no age limit. But I am wondering if able Member has been detailed in his questioning. But that really is what is meant. I mean, you know, if a 10- as I said, at this juncture we are satisfied that the Bill year-old were to send an image, a social media im- achieves its stated effort. age, is this intended to apply to a 10-year-old the same way as it would an 18-year-old? So I welcome The Chairman: Any further speakers? Any further clarification on that. Thank you, Mr. Chairman, and speakers? thank you, Learned Attorney General. Ms. Susan E. Jackson: Mr. Chairman, I just have a The Chairman: Thank you. question. This is out of curiosity. Are there any further speakers? There appear to be none. The Chairman: Yes. Minister, do you want to respond? Ms. Susan E. Jackson: On page 2, this is clause 3 Hon. Kathy Lynn Simmons: Thank you, Mr. Chair- [proposed section] 199A(2). And I am asking this out man, and thank you, too, Honourable Member. I will of pure naiveté, but “a person who without lawful au- try to respond to most of what he raised. I think in the thority observes . . . another person’s genital or anal next go-round we should go clause by clause and just region . . ..” So I am just curious whether a stalker or try to keep up. So I am going to take it in the order maybe sometimes more commonly known as a peep- that he asked. So the last question about the age limit, ing Tom does that, does that mean someone who this would be at the discretion of the DPP [Director of commits an offence of observing someone whether it Public Prosecutions] she has advised. She will deter- is from the outside looking in or somebody who is in mine what the appropriate charge is in that regard, the house? I just was interested in the word “observe.” because as I mentioned earlier we do have offences Thank you, Mr. Chairman. specific to minors. With regard to the comparison with the UK The Chairman: Yes. legislation, we will actually take that under advisement Minister. and have a deeper look at that particular reference that he raised. With regard to the rectification issue Hon. Kathy Lynn Simmons: Thank you, Mr. Chair- and whether the sentence is . . . or whether we are man. talking about concurrent or consecutive scenarios, To the Member’s question, it will cover both that is at the discretion of the judge. With regard to his the scenarios that she articulated. initial question, I hope I actually got that, pertaining to the definition of . . . sorry. So the definition of “intimate Ms. Susan E. Jackson: Thank you. image” does not require that an image be made in a private place. And the new offences would seek to The Chairman: Any further speakers? address a non-consensual distribution of intimate im- No further speakers. ages, not to place a manner in which the image was Minister, do you want to move the clauses for created. I hope that is helpful. approval? With regard to the intimate image underwear model, yes, to be an offence, the image needs to be Hon. Kathy Lynn Simmons: Thank you, Mr. Chair- one that would cause the subject unreasonable dis- man. tress. And an underwear model cannot be caused I move that clauses 1 through 4 of the Bill be unreasonable distress if the posed picture is what was now approved. distributed . . . I mean, that is the purpose of it. Bermuda House of Assembly 1322 26 March 2021 Official Hansard Report

The Chairman: It has been moved that clauses 1 to 4 Members, are there any objections to the be approved. Criminal Code Amendment (Non-consensual Sharing Are there any objections to that? of Intimate Images) Act 2021 being reported to the There appear to be none. House as printed? Approved. There are none. It has been reported and ac- cepted. [Motion carried: Clauses 1 through 4 passed] The next items are [Order No.] 5 and [Order No.] 6, the Electronic Communications and the Elec- Hon. Kathy Lynn Simmons: Mr. Chairman, I should tricity Regulatory. And I mention them together be- have moved the preamble first. cause I think the Minister wants to seek the indul- gence of the House to deal with them both at the The Chairman: No, no. same time, which is allowed under the affirmative in- structions if the matters are sufficiently similar and can Hon. Kathy Lynn Simmons: I move that the pream- be justified in taking them together. ble be approved. And, Minister, I think that is the approach you would like to do here? The Chairman: No. The clauses go first. The pream- ble is last. Hon. Walter H. Roban: Yes, thank you. I do seek the House— Hon. Kathy Lynn Simmons: Okay. Should I move the preamble be approved? Hon. Kim N. Wilson: Point of information, Mr. Speak- er. The Chairman: It has been moved that the preamble Point of information, Mr. Speaker. be approved. Are there any objections to that? The Speaker: Point of information. There appear to be none. The preamble is approved. POINT OF INFORMATION

Hon. Kathy Lynn Simmons: Thank you, Mr. Chair- Hon. Kim N. Wilson: Yes, Mr. Speaker. With your man. indulgence, I would crave your indulgence to permit I move that the Bill be reported to the House Orders 3 and— as printed. The Speaker: Minister, Minister, Minister. I have al- The Chairman: It has been moved that the Bill be ready acknowledged the other Minister. His matters reported to the House as printed. are going to be very short. And we will do all three of Are there any objections to that? yours together. One of yours was on the Order Paper; There appear to be none. the other two are being fixed seeking special indul- The Bill will be reported to the House as print- gence of the House to have all three readings today. ed. Thank you, Minister, and your team. We have got the courtesy of the House and the Speaker to allow them to be done in three readings at [Motion carried: The Criminal Code Amendment (Non- one time. consensual Sharing of Intimate Images) Act 2021 was Having given that consideration, I am asking considered by a Committee of the whole House and you to consider the fact that we are doing the Minister passed without amendment.] now, his two. And we will come back and do your three at one time. We are going to do one and then The Chairman: Mr. Speaker. come back and do the other two as described on the Order Paper. House resumed at 6:05 pm Hon. Kim N. Wilson: Absolutely. Minister, with your [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] indulgence, I would—

REPORT OF COMMITTEE The Speaker: Thank you. Thank you.

CRIMINAL CODE AMENDMENT Hon. Kim N. Wilson: Mr. Speaker, point of infor- (NON-CONSENSUAL SHARING OF INTIMATE mation, please. IMAGES) ACT 2021 The Speaker: Point of information. The Speaker: Thank you, Deputy.

Bermuda House of Assembly Official Hansard Report 26 March 2021 1323

POINT OF INFORMATION Mr. Speaker, with the Governor’s recommen- dation and in accordance with section 36(3) of the Hon. Kim N. Wilson: With your indulgence, I would Bermuda Constitution, I move that consideration be be absolutely obliged, Mr. Speaker. I am dealing with given to the Draft Regulations entitled Electronic some urgent matters right now that have to be ad- Communications (Regulatory Authority Fees) Regula- dressed. And I would like to be able to deal with these tions 2021, proposed to be made by the Minister re- matters first so that I could address my mind to mat- sponsible for telecommunications and exercised by ters of national security. I suspect that the Honourable the powers conferred by sections 6 and 11 of the Minister would also be prepared to yield if you would Electronic Communications Act 2011 and as read with please grant my indulgence, Mr. Speaker. section 44 of the Regulatory Authority Act 2011. Mr. Speaker, with the Governor’s recommen- The Speaker: Minister, let me walk you through dation and in accordance with section 36(3) of the something. If we do one now, come back and do the Bermuda Constitution, I move that consideration be other two, you still have to do your third readings. If given to the Draft Regulations entitled the Electricity we do you last, you do your three, do your third read- (Regulatory Authority Fees) Regulations 2021, pro- ings without any further interruption without having to posed to be made by the Minister responsible for en- come back at all, you will have a clear run and you ergy for the purpose of establishing Regulatory Au- can go. thority [RA] fees for the electricity sector pursuant to His matters are going to be very brief. Then the Electricity Act 2016 in exercise of the power con- you come back, do your three. We will go to third ferred by section 44 of the Regulatory Authority Act readings. You will do your third readings and you are 2011. done for the day without having to have any obligation Thank you, Mr. Speaker, and thank you to the back to us. So it works to your advantage to do them House. in the end so you can go right to your third readings when we call for the third readings. And then we will The Chairman: Thank you, Minister. proceed on. Hon. Walter H. Roban: I will now present my brief. Hon. Kim N. Wilson: I was not just asking for the in- dulgence for me, Mr. Speaker, but for the team that is The Chairman: Yes. Thank you. still here. Thank you for that understanding, Mr. Are there any objections to that, Members? Speaker. No objection. Go ahead, Minister, and continue your brief. The Speaker: So, Minister, Deputy Premier. DRAFT REGULATIONS Hon. Walter H. Roban: Yes, Mr. Speaker. ELECTRONIC COMMUNICATIONS (REGULATORY The Speaker: Continue on, please. AUTHORITY FEES) REGULATIONS 2021

Hon. Walter H. Roban: Yes, I did seek the indul- ELECTRICITY (REGULATORY AUTHORITY FEES) gence of the House to do these together. I do request REGULATIONS 2021 that indulgence at this time. Hon. Walter H. Roban: Thank you, Mr. Speaker. The Speaker: Thank you. I move that consideration be given to the Draft Are there any objections to the Minister com- Regulations entitled Electronic Communications bining the two matters (because they are sufficiently (Regulatory Authority Fees) Regulations 2021 and the connected)? Electricity (Regulatory Authority Fees) Regulations [There are] no objections to that. 2021. Continue, Minister. Mr. Speaker, the fees proposed were pub- lished by the Regulatory Authority’s Work Plan for Hon. Walter H. Roban: Okay. Mr. Speaker, I will read 2021/22. And the changes reflect the magnitude of the the recitals, I think, in their fullness because they Regulatory Authority’s work involved in the oversight should be read for the record. But I will debate and of the sectorial providers and their processing of ap- present the [Draft Regulations] as one, if you do not plications related to the electronic communications mind if I do that. and electricity sectors. Mr. Speaker, I will first discuss the Electronic The Speaker: Go right ahead. Communications (Regulatory Authority Fees) Regula- tions 2021. Mr. Speaker, the fees specified under the Hon. Walter H. Roban: Okay. Electronic Communications (Regulatory Authority Fees) Regulations 2021 include fees included in the Bermuda House of Assembly 1324 26 March 2021 Official Hansard Report

Regulations listed under clause 4 and have now been tions” but is now described as “change and control.” revoked, namely, (a) the Electronic Communications There is no change to the amount of the fee. (Regulatory Authority Fees) Regulations 2020, (b) the Mr. Speaker, I invite the Honourable House to Regulatory Authority (Service Fees) Regulations review the RA’s [Regulatory Authority] work plan to 2018, and (c) the Electronic Communications (Spec- view the accomplishments and their plans for the up- trum Service Fees) Regulations 2016. coming year. The changes in the fees include the following: Mr. Speaker, with those introductory remarks I a decrease in the fees charged to holders of an inte- now move that the draft Regulations be considered. grated communications operating licence known as ICOL, from 1.75 to a licensee relevant turnover of The Speaker: Thank you, Minister. 1.70 per cent. I will just read that again just to make Would any other Member wish to make a con- that clear, Mr. Speaker. A decrease in the fees tribution at this time? charged to holders of an integrated communications operating licence (ICOL) from 1.75 per cent of a licen- Mr. Jarion Richardson: Yes, Mr. Speaker. MP Rich- see’s relevant turnover to 1.70 per cent. ardson. A new fee of $85,000 for an application for an ICOL. This fee has been introduced to cover the legal The Speaker: MP, you have the floor. and regulatory costs of assessing an application for new ICOLs, which have been submitted after the lift- Mr. Jarion Richardson: Thank you, Mr. Speaker. ing of the moratorium on ICOLs. And I will take your lead on the number of questions I An application fee of $15,000 for high-demand have, whether they belong in Committee if I get too spectrum (HDS), a reduction from the previous fee of specific. $40,000. A new application fee of $500 for non-HDS (high-demand spectrum). [Inaudible interjection] A change in the name of the application fee that was formerly described as “mergers and acquisi- Mr. Jarion Richardson: Oh, I am sorry. These are tions” but is now described as “change and control.” Regulations. Yes, of course. There is no change in the amount of the fee. Mr. Speaker, I now turn my attention to the The Speaker: Yes. Electricity (Regulatory Authority Fees) Regulations 2021. The fees specified under the Electricity (Regula- Mr. Jarion Richardson: With that being said, Mr. tory Authority Fees) Regulations 2021 include fees Speaker, I have looked through the Electronic Com- included in the regulations listed under clause 4 and munications (Regulatory Authority Fees) Regulations have now been revoked, namely, (a) the Electricity 2021 and thank the RA for their work in this space and (Regulatory Authority Fees) Regulations 2018, and (b) the Honourable Minister for bringing this before this the Regulatory Authority (Service Fees) Regulations Honourable House. 2018. My questions always relate to impact into in- The change in the fees includes the following, dustry, Mr. Speaker. I am asking now what the antici- Mr. Speaker: pated impact is into the sector. I looked at the RA’s • The fee of 0.00635 per kilowatt hour in the website, and I am seeing some 21 or 22 . . . 22 li- transmission, distribution and retail service provider censed entities in the electronic communications increased from 0.00475 per kilowatt hour. This is in- space. And so my question is, I looked at the 2019 tended to be a temporary increase to cover the cost of employment survey tabulation set from the Depart- a new multi-year tariff and a review of wind studies ment of Statistics as well. And I am seeing some 150 necessary for the introduction of wind turbines rec- people employed in this area as telecommunications ommended in the Integrated Resource Plan (known engineering technicians. So my question to the Hon- as the IRP). ourable Minister is: Has the impact of the fees been • A new fee of $6,500 per megawatt for applica- taken into consideration . . . sorry, has the fee altera- tions for large scale self-supply licences. This fee is tion been taken into consideration? Have the fee al- higher than the fees for the applications of other bulk terations impacted the sector? What is the anticipated electricity generators as it has the potential to in- impact into the telecommunications sector? Thank crease the share of the grid costs to other customers. you. • A new fee of $10,000 to cover the cost of I would further note that there is under the technical and legal evaluation of bulk generation pro- Department of Statistics information and communica- posal, both solicited and unsolicited. The fee was cre- tion technology profile for the year ending 2019, they ated in anticipation of proposals for renewable energy have noted that we are seeing a lower investment in accordance with the IRP. primarily in the telecommunications industry, seeing a • A change in the name of the application fee 31.9 per cent decline in capital expenditure. So it that was formerly described as “mergers and acquisi- looks like in telecommunications they are slowing Bermuda House of Assembly Official Hansard Report 26 March 2021 1325

down how much they are investing in their industry or Given that we have the bulk generation and in their equipment. We also note that the RA has a we only have three of those in the market right now, moratorium on new licences. So it looks like the sector and we are adding a category effectively of those who is stagnating somewhat. So I would be interested in will be authorised or will meet the fees for generating the Minister’s thoughts on what impact these fees, if power, does this actually impact those like the grocery any, will have as an impact into the stagnation or cer- stores, like Lindo’s or others who have invested in tainly the lower figures in the sector. energy generation for their own purposes and some- I also have a question for the Minister as it times feed that energy back into the transmission and relates to the Electronic Communications (Spectrum distribution grid in Bermuda? So a question there on Service Fees) Regulations [2016]. Those are being impact. revoked. But their fees are reflected in the Estimates And those are all of my questions for the Min- of Revenue and Expenditure for the Government. We ister. Thank you, Mr. Speaker and Honourable Minis- are seeing a 261 per cent increase in spectrum band ter. fees. So if the Minister would be able to speak to why we are seeing a huge increase whilst we are discon- The Speaker: Thank you, Honourable Member. tinuing this. Does any other Honourable Member wish to Honourable Minister, I also have a theory on make a contribution at this time? Be mindful, Mem- this, but every time I enter into theories I get chas- bers, that these are Regulations and we will not be tised. So I will try to just ask questions and leave you going into Committee. for the answers. So if that is all the Members who have got a With that being said, that is under the Elec- comment, Minister, you can respond. tronic Communications (Regulatory Authority Fees) Regulations 2021. [No audible response] Too, I would also like to thank the team who worked on this for streamlining the Regulations. When The Speaker: Minister? I was doing my research for this debate, there was quite a suite of regulations to get through. And it looks Hon. Walter H. Roban: Sorry, Mr. Speaker. I acci- like by removing three Regulations in the Electronic dentally turned off everything, then turning it on. Communications (Regulatory Authority Fees) Regula- tions 2021 that process has been streamlined. The Speaker: No problem. Mr. Speaker, I believe we are dealing with these together, so I will pass on the same commenda- Hon. Walter H. Roban: My humble apologies to you tion for the Electricity (Regulatory Authority Fees) and the House and the Honourable Member. Regulations 2021, which saw the revocation of two A number of questions presented by the Hon- statutory instruments, thus making everyone’s life a lot ourable Member particularly around . . . generally I easier than trying to understand what they are con- think they are in relation to the impact from the mar- tending with. ket, [questions] on both the impact [on] the electricity My questions to the Minister relate to . . . I market and the telecoms market. Just to be clear, it know we have three regulated service providers. We should be noted that there are a number of decreases have one transmission distribution and retail licence in a significant body of fees, particularly the decrease for BELCO and three bulk generation licences in Ber- in the fees charged, as was outlined in my brief, to muda. And so my question as it relates to the Minister holders of the ICOLs. This is the largest sort of block for Schedule 1 of the Electricity (Regulatory Authority of providers in the telecom sector. And these will be Fees) Regulations 2021, I note that we are seeing an all of the major providers who are obviously the larg- increase in the kilowatt in [subparagraph] (1) of the est operators on the Island. Schedule, that being the electricity transmission, dis- So the fees charged to the holders are being tribution and retail service provider, kilowatt hours sold decreased. And as the Member would appreciate, we fee. The Minister has explained that we are seeing the have had an interesting year as it relates to these increase because we are trying to cover costs of a markets. Clearly, there would have been revenue loss tariff to study wind energy. And I would like the Minis- and revenue reduction and costs imposed by even ter just to let us know just about how much he can those operators foregoing deploying collection of fees expect that cost will be for that study. when many consumers were unable to pay. So clearly And also, my question to the Minister would there has been a reduction in the revenue generated be on [subparagraph] (6) under the Schedule 1 for around those providers. Despite their being large Electricity (Regulatory Authority Fees) Regulations companies, they have also been impacted by the pe- 2021. I note that large scale cell supply licensed pro- riod. And as is the case, the RA evaluates the market viders now will be charged per annum, payable quar- and comes to conclusions that will be to the benefit of terly a fee of $6,500. My question is: Who will this im- the market operators and also the consumers. So, a pact? reduction has been evaluated as being necessary. I Bermuda House of Assembly 1326 26 March 2021 Official Hansard Report think this reflects their own analysis of the market over we are reshaping the market. The RA, which is the the past year and what they felt was a general effort to chief regulator of particularly the energy sector, is re- reduce costs. So that ICOL, which is a licensing for shaping the market so that it is more diversified. It is the largest operators in the industry, is being reduced. moving in the direction as the IRP has proposed, But I would also remind the Member of the which is going to mean over the next 20 years or so a fact (if he doesn’t remember) that there have been change to how energy is generated and how energy is some new entrants into the marketplace. There were used in the country. So these are changes that are at least two more ICOL players. That itself has an im- working towards these sorts of efforts. pact on the market, and some of the fee changes do And yes, you see that there is a new fee here reflect that. For instance, the applications only for of $10,000 to cover the cost of technical and legal high-demand spectrum was reduced as well despite evaluation of bulk generation proposals. The proposi- the fact that those new entrants will mean that there is tion, Honourable Member and this House, is that we more spectrum that is going to be taken up. So a re- are going to have other generators, not just one. We duction again from 15,000 to 40,000 for HDS is there. right now have only one. There is a prospect in the And the new fee is in a somewhat nominal number of future as we diversify the energy market, we are going $500 for non-high demand spectrum. to have others who will potentially qualify to be a bulk So there have been reductions as well as generator, and the process of evaluating those appli- some minor additions and increases. But we feel this cations needs to be included in the structure. will not have a detrimental effect on the marketplace So, okay. We cannot operate on the assump- due to that evaluation by the regulator. tion that the market we have now is going to be the That was to do with telecoms. Obviously, market of the future. We are laying a framework for there were changes that will have impacts on the elec- the future. So others may pop up who would want to tricity market. As you noted, we have chiefly one do bulk generation. We certainly have an additional company that is both a licensed bulk generator and a bulk generator to our system with the Finger project. transmission distribution and retailer. And there were There of course is Tynes Bay, which is also a bulk some adjustments and changes in the fees in that generator. And there may be others in the future who sector. One fee 0.00635 per kilowatt hour in like the will make such application. So these are new fees to TDR was increased per kilowatt hour. And as I stated, cover the cost of the technical and legal evaluation this is a temporary increase because of the new multi- that is required around that. year tariff, and, which I think is actually more im- Some other [questions]––just in response to portant, to pay for a study for the introduction of wind the Honourable Member, the new fee of $6,500, there turbines. will be a significant savings of self-supply. I think it has If the Honourable Member will recall, we have to be appreciated that there will be in the future an an integrated resource plan that is a plan for the de- opportunity for potentially large institutions to supply velopment of the energy sector in the future of the their own energy. Right now there is somewhat of a country to reduce our carbon footprint, to reduce the legal requirement for everybody to hook up to the li- use of fossil fuels and to move the country to being censed utility. That may not be the future as technolo- 85-plus percentile of producing energy by renewals by gy changes and as the market changes. 2030. That means there would be like deployment of And perhaps as has been not understood new forms of generation and a diversification of the right now as we want to progress our hotel develop- energy market. So the market obviously . . . these ment, I think all would know that just recently I toured fees have to do with those changes. a significant-sized solar array at Pompano [Beach There is a tariff review going on currently now. Club]. They would like to ensure that that power, These changes in our energy market are going to re- something like 300 to 500 megawatts of power it can quire different modellings from the traditional tariff that produce . . . okay, that is equal to like 100 homes. we currently deploy. If you are going to have a market Their desire is to potentially have some self-supply where you have not only solar and wind, but possibly built into that array for themselves. other types of ways of generation, you need to have But the appreciation has to be that the move- different tariff modelling done and activity in that area. ment to more self-supply brings a cost to the people And as you would already know, late last year there already on the grid. So we have to factor that in. That was a reduction in the basic tariff that people were brings a cost. As people migrate from the grid, that being charged. But that was a temporary measure. means that others left over are carrying the cost of That is to exist for about a year. And then the multi- their leaving. And that raises the cost of electricity po- tariff review over a number of years is being done now tentially for everyone. So this new fee is to factor in and is going to be deployed. what the future may look like, if I can be clear about So these changes are to ensure that these that. Also, it is important that as we shape the energy activities are done, are completed and ultimately de- future we factor in these changes as they evolve. And ployed to the benefit of the marketplace. So yes, these fee models are to do just that. these are going to have impacts on the market. But Bermuda House of Assembly Official Hansard Report 26 March 2021 1327

If there are any other questions, I will be hap- spective, but there are also conservation efficiency py to answer them. And I would also direct the Hon- measures that should be taken by persons as well, ourable Members that some of the details of these which can also help with finding savings. matters, particularly specific to these fees, will and But the future of the energy sector in Bermuda can be observed in the work plan of the Regulatory will perhaps see some of the small homes be more Authority, which is published on their website, once it interested in being self-supply as well. But the fees is approved. And so some of these specifics and de- that have been deployed here are mostly for larger tails technically around these matters of how the fees operators, not to impact the [small homeowner] per- are applied and their rationale can be viewed on the son. work plan. And you should go to their website to actu- And certainly part of the RA’s remit, Honoura- ally view those, and they can give you some answers ble Member and Mr. Speaker, is to ensure that the as well. consumer is not negatively impacted by changes that I am happy to take any other questions, Mr. do come along. That is a part of their mandate and Speaker, if they are warranted or if anyone wishes. remit, and they do give a lot of attention to that. And our expectation is that much of what will happen in the The Speaker: Thank you, Minister. future as we become more diversified, that will bring Does any other Member wish to make a con- savings to consumers as well. tribution at this time? None? The Speaker: Thank you, Minister. Minister— Does any other Member have a question or comment? Hon. Michael H. Dunkley: Mr. Speaker. [Inaudible interjection] The Speaker: You can go ahead. The Speaker: There are none. Hon. Michael H. Dunkley: Thank you. I have just a Minister. quick question for the Honourable Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. The Speaker: Okay. We have a question from MP I would move that both sets of draft Regula- Dunkley. tions be approved and that the appropriate message Put your question. be sent from the House to Her Excellency the Gover- nor. Is that the appropriate recital, Mr. Speaker? Hon. Michael H. Dunkley: Yes. Thank you, Mr. Speaker. The Speaker: Yes, it is. The Honourable Minister’s last comment Are there any objections to the appropriate about people leaving the grid and saving electricity message being sent? themselves, and there is an upcharge . . . there is There are no objections. The message will be more of a charge for people staying on the grid. So sent. how does that help the small man who just wants to have a saving on his electricity bill for his apartment or [Motion carried: Draft Regulations entitled Electronic his cottage? How would they get electricity savings in Communications (Regulatory Authority Fees) Regula- the long term? tions 2021 and Electricity (Regulatory Authority Fees) Regulations 2021 were approved.] The Speaker: Minister. The Speaker: Thank you, Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. Now, Members, we will deal with the Health Actually, although the Honourable Member’s items that are on the Order Paper today. There are question is not germane to these actual fees, because three matters. The first is the Public Health (COVID- these fees do not impact the little man directly that he 19) Emergency Extension (No. 2) Order 2021. speaks of. But this is a question that is important to And then the other two matters we will have to the overall electricity sector. And it is important that it seek your indulgence (as they were just tabled today) be certainly given an answer. Some of the multi-year so we can have the first, second and third readings. tariff and remodelling that is being done by the RA will Minister of Health. address that. Certainly those who seek to make the investment in perhaps their home with solar energy or DRAFT ORDER some sort of renewable form of generation can actual- ly themselves have an arrangement with the utility to PUBLIC HEALTH (COVID-19) EMERGENCY sell back and thus get a savings. So there are ways EXTENSION (NO. 2) ORDER 2021 and opportunities for the middleman to do that irre- Bermuda House of Assembly 1328 26 March 2021 Official Hansard Report

Hon. Kim N. Wilson: Mr. Speaker, I move that con- Bermuda’s goal is herd immunity, which will be sideration be given to the Draft Order entitled the Pub- achieved when 70 per cent of the population of 64,054 lic Health (COVID-19) Emergency Extension (No. 2) has been immunised. To date, 33 per cent of the pop- Order 2021, proposed to be made by the Minister of ulation has been vaccinated with one dose, and Health in exercise of the power conferred by section 23 per cent of the population has been immunised— 107A of the Public Health Act 1949. that means two doses. These are great results so far. And I thank all of those who have taken the steps to The Speaker: Any objections to that? get their vaccination to protect themselves, their fami- No objections. lies and our community. Continue, Minister. As a government, we recognise it will take some time to reach the goal of herd immunity. There- Hon. Kim N. Wilson: I am pleased to invite this Hon- fore, a more immediate goal is the immunisation of ourable Chamber to consider the Order entitled Public 90 per cent of persons who are over the age of 65, Health (COVID-19) Emergency Extension (No. 2) Or- which is our most vulnerable group. As reported earli- der 2021. I would like to take this opportunity to— er this week, 62 per cent of residents over 65 years of age are vaccinated now with one dose, and 20 per [Inaudible interjections and crosstalk] cent are fully immunised with two doses. And this is extremely, extremely, truly encouraging. Hon. Kim N. Wilson: I would like to take this oppor- In addition, we continue to urge our extremely tunity to remind the public of their civic responsibilities clinically vulnerable persons, our health care workers to take steps to protect themselves, their loved ones and essential service workers to please get vaccinat- and their neighbours during this global pandemic ed. To repeat—preventing infection, the onset of a caused by the novel coronavirus. We live on a very disease itself and community spread via mass vac- small Island, and as we are experiencing right now, cination will be a critical part of how we navigate our COVID-19 can spread very quickly and impact our way out of this current crisis. We have all felt the im- whole community as scores of people test positive pact that COVID-19 has had on us personally, and we and hundreds end up in quarantine. all know how it has impacted our Island’s economy. We can slow the spread of the virus by wear- Getting vaccinated is an integral part of our ongoing ing a mask to cover our nose and mouth, as well as collective effort to reduce the spread of the virus here physically distancing, downloading the WeHealth on the Island. This is essential not only for our health, Bermuda app and avoiding the three Cs of closed but also to help us allow a return to a sense of nor- spaces, crowded places and close-contact settings. malcy with our daily lives. The more barriers of space that are in between you Honourable Members, as we all now know, and others, the harder it is for the virus to spread. And COVID-19 was caused by a new virus that spread as I said, we are experiencing quite a quick spread, quickly throughout the world. Unfortunately, it still ex- rapid spread of COVID-19 right now with respect to ists in large part because it can be transmitted so the virus; hence my request to proceed earlier. easily between people who are in close contact or Also, Mr. Speaker, we are fortunate that there through coughs and sneezes. Whilst most infected is another layer of protection that we could add, and people suffer mild flu-like symptoms, some become that is the COVID-19 vaccination. As has been said seriously ill or even die. many times, vaccines save lives. And it is no different In my role as the Minister of Health, I consult- with the Pfizer-BioNTech vaccine being used in Ber- ed the Chief Medical Officer and determined that a muda right now. The Pfizer vaccine has been shown communicable disease of the first or second category, to be 95 per cent effective after two doses. If immun- namely, COVID-19, continues to pose a severe threat ised and you do get COVID-19, you are likely to expe- to public health in Bermuda. This Order will extend the rience milder symptoms and become less ill as your Public Health (COVID-19) Emergency Order 2021, body is better able to fight off the virus. This means made under the Public Health Act 1949, to permit the we can keep people out of the hospital and we will Governor to continue the Public Health (COVID-19 have fewer deaths due to COVID-19. Emergency Powers) Regulations 2021, which im- With the reduced viral load in your system it is posed extraordinary measures necessary in the inter- also hoped that you are less likely to transmit the est of public health to prevent, control and supress coronavirus; however, I must add that researchers are COVID-19. still looking into this, and that has not yet been con- Honourable Members will be aware that the firmed by the research. Public Health (COVID-19) Emergency Order 2021 On balance, this Government is firmly of the was made under the [affirmative] resolution procedure view, as is the global community, that the COVID-19 effective the 25th of January 2021 for 60 days, expiring vaccine is the key to our return to normal. Mr. Speak- on the 25th of April 2021. However, unfortunately, the er, 35,761 vaccinations have been administered in COVID-19 pandemic continues to rage on globally as Bermuda up to and including this past Wednesday. well as here locally. And a public health emergency Bermuda House of Assembly Official Hansard Report 26 March 2021 1329

continues to exist on our shores, which is what I have pandemic and it is witnessed by the spike over the been trying to address all afternoon. past week or 10 days. I appreciate the Honourable Therefore, in accordance with section 107A(3) Minister addressing the vaccine for a short period of of the Public Health Act 1949, I bring this Extension time in her brief. (No. 2) Order to this Honourable Chamber to prolong And I would like to see the Government talk the state of public health emergency for a further 60 more about the vaccine, because while it has been a days ending on the 24th of June 2021. Thank you. positive development through the pandemic and we have seen Bermudians sign up for it and we have The Speaker: Thank you, Minister. seen the application of the vaccine to thousands of Does any other Member wish to make a con- Bermudians across the country—and I want to ap- tribution at this time? plaud our health care workers for allowing that pro- cess to take place with great success today—Mr. Hon. Michael H. Dunkley: Yes. Thank you, Mr. Speaker, there are still many amongst us who have Speaker. hesitancy about the vaccine, who also have a frustra- tion about the vaccine because they ask questions The Speaker: MP Dunkley, you have the floor. like, Why should I get the vaccine when I still have to follow all of the restrictions and the regulations that Hon. Michael H. Dunkley: Thank you, Mr. Speaker, take place at the current time? and I thank the Honourable Minister for that brief and And if you want to get to herd immunity, if you also for the little sideshow at the beginning of that want to get back to what many of us considered a brief. normal way of life where have more freedoms that are Mr. Speaker, obviously we are now in the associated with everything we do, from work, from middle of I guess what could be pronounced as the pleasure, I think Government needs to do a lot more third spike of COVID-19 in our community. What we to explain the importance of the vaccine. Because have seen over the past 10 days is the most alarming there are a lot of doubters out there, and there are a run-up of positive cases announced on a daily basis lot frustrated [people] out there who do not believe since the start of the pandemic over a year ago this that taking a vaccine actually helps them in any way to past week. So as the Minister said, these extraordi- move forward. nary measures are certainly logical to roll over for an- Clearly, I support the vaccine. My colleagues other period of time until the end of June, since we will support the vaccine. Many of us have taken it; I have not be in Parliament until May, I understand, Mr. taken it without any side effects to date. But I fully un- Speaker. derstand that by me taking the vaccine I protect my- But having said that, Mr. Speaker, I think it is self and I protect the community. It does not mean appropriate and fitting to reflect for a moment on not that I cannot catch COVID-19. It means if I do I have a only the impact that COVID-19 has had on our com- level of protection. It does not mean that I cannot munity because we have had that discussion time in spread the [virus]. It means that if I take the protection and time out at various debates in Parliament and afforded with the mask and everything, it is unlikely outside of Parliament for the last year. But just to re- that I will spread it. And so if we are going to reach flect that there is a great deal of COVID fatigue and that herd immunity, I think we need to do much more COVID exasperation that is taking place within our so people understand the importance of the vaccine. community. People are, simply put, Mr. Speaker, very Some people think it is a get-out-of-jail-free frustrated about the whole process. card and that is the end of COVID-19. It is not the I think people understand the dire situation we case. It is a bright star in the future and at the present face. They understand that COVID-19 can be preva- for COVID-19, but it is not a get-out-of-jail-free card lent and spread quite easily. But they are frustrated where we still do not have to take precautions. that it has gone on for so long. They are also very I am pleased to see that it is announced by frustrated and angered at times because we seem to Government House that our fifth supply of vaccine will get it under control, like we have recently with . . . I arrive at the beginning of April. And that will mean we think there were only four active cases just a couple of will have about 77,000 vaccinations available here in weeks ago. And then it has spurted and spread Bermuda. And that will get us to the point just with throughout the community because of the wanton dis- those vaccinations alone to about 59 [per cent] to regard by a few amongst us who have not paid atten- 60 per cent of our community to be vaccinated. So we tion to restrictions or regulations, and we are back in a still have a way to go in that regard, Mr. Speaker. very dire situation, where everyone has got their own But getting back to the Public Health (COVID- opinion on what we should do and they express it 19) Emergency Extension (No. 2) Order 2021, we quite easily. support it with hesitancy—hesitancy because we So, Mr. Speaker, we certainly hesitantly sup- would believe that in a year we would have been able port the extension of the Emergency Extension Order to move through it. But unfortunately, because of the (No. 2) 2021, because we are still in the middle of this actions of some who have not paid attention to this Bermuda House of Assembly 1330 26 March 2021 Official Hansard Report dire crisis that we have here in Bermuda, we are back BILL in the middle of a real test of what we have to face with COVID-19. And so it is incumbent upon all of us SECOND READING to pay attention. It is incumbent on all of us to alter our lives so we can continue to be safe and healthy. And it PUBLIC HEALTH AMENDMENT ACT 2021 is incumbent on all of us to do what we can so we get rid of these spikes and we get to a better position Hon. Kim N. Wilson: Mr. Speaker, [in the interest] of where we can get back to normal and stay back to time, both the Public Health Amendment Act 2021 that normal, and not have threats of more harsh re- I am proceeding with now and the next one, the Quar- strictions placed upon us. antine Amendment Act 2021, the briefs are exactly the So with those comments, Mr. Speaker, I turn it same. So I would like to be able to apply what I am back to your guidance. reading now to the same brief because effectively they are one and the same, just to [prevent] duplicity. The Speaker: Thank you, MP. Does any other Honourable Member wish to The Speaker: Let me just— make a contribution? There are none. Hon. Kim N. Wilson: I do not mind reading them Minister. twice, Mr. Speaker.

Mr. Speaker, I thank the Hon- Hon. Kim N. Wilson: The Speaker: Earlier I allowed that for the former ourable Member for his comments and contribution. matters that we have done because they are affirma- And I would just like to reiterate the importance of all tive instruments. These are not affirmative instru- of us doing our part to help to promote and educate ments, so we cannot combine them in that way. You members of the public, loved ones, family members can read the same brief, practically. So the second and the like about the importance of becoming im- one you can almost breeze through it because you munised against this disease. have covered it all in the one. How is that? And with that, I move that the said draft Order be approved and that a suitable message be sent to Hon. Michael H. Dunkley: And, Mr. Speaker, I un- Her Excellency the Governor. derstand your ruling, but I am comfortable with the Minister, if the brief is going to be the same, when we The Speaker: Thank you. get to the Quarantine Amendment Act 2021 just say, Are there any objections to that? The brief is as was read prior. There are none.

The Speaker: Exactly. Yes. [Motion carried: The Public Health (COVID-19) Emer- gency Extension (No. 2) Order 2021 was approved.] Hon. Michael H. Dunkley: It does not make sense to— The Speaker: Members, we are going to move on to the other two Health items. And as we move on, the [Crosstalk] Minister will be seeking your indulgence to allow all three readings today. The Speaker: We will do them separately. But as she The first is the Public Health Amendment Act has indicated, she can just refer to the earlier brief 2021. And, Minister, would you like to put that now? and we will just go through the process real quickly.

SUSPENSION OF STANDING ORDER 29(1) Hon. Michael H. Dunkley: Thank you, sir.

I move that Standing Order Hon. Kim N. Wilson: The Speaker: Okay? 29(1) be suspended to enable the House to proceed with the second reading of the Bill entitled the Public Hon. Kim N. Wilson: I thank the Honourable Member Health Amendment Act 2021. for his indulgence. The Public Health Amendment Act 2021 and The Speaker: Are there any objections? the Quarantine Amendment Act 2021 were tabled to- There are no objections. day, and again I am grateful to the Honourable Mem- Continue, Minister. bers of the House for their indulgence in granting me permission and leave to proceed with first, second [Motion carried: Standing Order 29(1) suspended.] and third readings on the same day. I am all too conscious and grateful that the Honourable House understands the urgency of COVID-19 matters. The Public Health Amendment Act Bermuda House of Assembly Official Hansard Report 26 March 2021 1331

2021 and the Quarantine Amendment Act 2021 pro- Does any other Member wish to make a con- vide for a fixed penalty regime for the enforcement of tribution at this time? COVID-19 prevention measures. This will enhance existing enforcement provisions to ensure the safety Hon. Michael H. Dunkley: Yes, Mr. Speaker. I would of our residents, in particular the most vulnerable. The appreciate it. purpose of this legislation is to provide for the creation of a ticketing regime for breaches of the Public Health The Speaker: Go right ahead. and Quarantine legislation that relate to COVID-19 in order to regulate actions that present a material risk to Hon. Michael H. Dunkley: Mr. Speaker, I thank the the public. Honourable Minister for the brief comments that she The regime is to be along the lines of that of gave in regard to the Public Health Amendment Act the Traffic Offences (Penalties) Act [1976], where the 2021. And I also want to thank the Minister for supply- hearing of any defence to an alleged breach will be in ing the Opposition Leader, myself and colleagues with court. The aim is to relieve pressure on the courts in copies of these two pieces of legislation last night so the enforcement of straightforward, existing offences. at least we had an opportunity before the first, second As we are all aware, the COVID-19 pandemic and third readings today to get a better feel and un- has been raging locally for over a year and is likely to derstanding for what they entail. That is most appreci- persist throughout 2021. Compliance with public ated. health and traveller rules is generally high. But when Mr. Speaker, on the face of it with this Public breaches occur, enforcement is difficult because of Health Amendment Act 2021 and the other Bill which the prolonged process required to prosecute offenders is very similar, we fully support and accept the con- through the courts. The types of breaches that occur cept. Mr. Speaker, having said that, it is sad that we can be categorised in three types: (a) serious breach- are here tonight debating this because we owe it to es that immediately endanger public health and safe- ourselves because we are in this position. And why do ty; (b) material breaches that present high risks of I say that? Because unfortunately there are a few COVID-19 transmission; and (c) minor breaches that amongst us who, as it has been said before, have introduce the risk of COVID-19’s threat. broken the restrictions and the regulations we have. Serious breaches such as knowingly exposing And so Government has been forced to come with a others to a communicable disease will be prosecuted ticketing regime which will allow the enforcement of through the courts as required by the relevant legisla- proper justice in a speedier time. Sadly, with the origi- tion. Minor breaches such as not wearing a mask in a nal restrictions and regulations put in place, going public place can be addressed with a simple reminder through the investigation period and going through by any member of the public or an enforcement or charges with DPP, it is just too long of a process. health officer. Material breaches fall between the other There is too much that has to be done to have justice two in nature and in risk. Such breaches include, for done in a timely fashion and for it to get to courts in example, withholding contact tracing information from the appropriate time. a health officer or participating in or hosting a gather- I am not going to sit here tonight, Mr. Speak- ing above the number legally allowed. The material er, and bemoan the work of the police or the DPP in breaches are the types of offences to which a fixed this regard. I understand how, at times, that system of penalty is intended to be attached. justice can be cumbersome, and quite rightly so at It is proposed that such breaches can be bet- times because investigations must take place with the ter enforced with a fixed penalty or ticketing regime by appropriate endeavour behind them to be effective. trained, authorised officers. The Ministry of Health But in the case of the challenges we face with COVID- consulted with the Bermuda Police Service, with the 19 and the ongoing impacts of this pandemic on our Director of Public Prosecutions and the Magistrate’s community, it is appropriate that there is an easier Court, and with the Attorney General’s Chambers in way to ticket those who would wantonly and willingly the development of the policy for a ticketing regime for now break our laws. the enforcement of COVID-19 enforcement measures. Now, Mr. Speaker, I say wantonly and willing- I wish to express my gratitude and the Ministry’s grati- ly doing it because we have been in this position for tude to all of these departments, and in particular to over a year now. If people do not understand what is the Director of Public Prosecution, the Attorney Gen- expected, they have had plenty of time to get that un- eral’s Chambers and my Ministry officials for all of the derstanding in them. So they are doing it with callous work undertaken to complete the draft Bills before the disregard for the members around them in the com- House. munity and the greater good of our country. And so With those introductory remarks, I would wel- we are here today because of, sadly, those amongst come input from other Members. us, the few who are not going to pay attention to what is right. The Speaker: Thank you, Minister. People are frustrated by that, as I said in an earlier piece that we did just a little while ago. Re- Bermuda House of Assembly 1332 26 March 2021 Official Hansard Report strictions did need to be tightened up, Mr. Speaker. have agreed. Ninety-five per cent of the time we have We see many in our community struggling from it. We disagreed, sadly, and five per cent of the time . . . but see businesses struggling from it. Because of the time such is life. In this case, I want to make sure that there it is taking for us to get through this with it continuing is continued oversight, and I would assume that the on, we see that not only do people have COVID-19 Minister with her past approach will continue with the fatigue, but sometimes we are letting our guard down open communication in this regard. So having given by stopping the proper protocols within the place of those comments, Mr. Speaker, I appreciate the oppor- business or public places where we go out. We can- tunity to respond to this legislation tonight. not let it slip, because the virus certainly can be transmitted just by the slip of a mask, so to speak, Mr. The Speaker: Thank you, MP. Speaker. Does any other Member wish to make a con- And so on the face of it, these two pieces of tribution at this time? legislation are acceptable. But I do have two concerns that I want to raise during this debate tonight. And I Hon. Renee Ming: Yes. Good afternoon, Mr. Speak- appreciate the Minister’s giving some explanation on er. the three types and the three levels of concern as far as serious, material and minor. And this deals with the The Speaker: Is that Minister Ming? material concerns that we might have, Mr. Speaker. First, in regard to the Public Health Amend- Hon. Renee Ming: Yes, it is. ment Act 2021, it allows for public officers to deal with these types of challenges. And that does give a very The Speaker: Yes, Minister. broad scope for people who can deal with it. I do have some concerns. Although I do appreciate and respect Hon. Renee Ming: Good evening, Mr. Speaker and the ability of our public health officers, it does broaden listening audience. the scope of people who can be responsible for hand- Mr. Speaker, I would just like to first of all ing out these ticketing regimes offences. And that is thank the Minister and her team for the work that has something that I would like, and I am sure colleagues been done to get us to this stage of having a fixed would like, assurances from the Minister on how it is ticketing regime. I do know that the BPS [Bermuda going to be handled. Police Service] was involved, or consulted (I should Secondly, Mr. Speaker, I have spoken say) in this matter. And I do see this as something that through my parliamentary career from time to time will assist the BPS and even the DPP’s Office, be- somewhat against the negative resolution procedure. I cause I am sure that you and I can only imagine the think it is useful for many cases, but in this case, Mr. amount of investigations that have had to happen over Speaker, if we are not careful, because this Bill and the past year. the next Bill are subject to the negative resolution pro- And even as we look back at some of the cedure, this takes away parliamentary scrutiny where things that we have probably learned as a result of the it is rightly deemed [that it] should take place. Now, it pandemic, this is one of those experiences where we does not mean that Members of Parliament cannot can say that it is an opportunity for us to be able to table anything they want at another date to debate it. alleviate some of the stress that has been on the But, Mr. Speaker, in Parliament we are responsible for Bermuda Police Service. We still continue to navigate the laws of the Island home that we love. We are re- through the pandemic, Mr. Speaker. And the unfortu- sponsible for the strength and the breadth of the pen- nate thing is that we are in an ever-evolving environ- alties that might be imposed. And [the] negative reso- ment as a result of the pandemic. And this is one of lution in this case will take away some of the scrutiny. those things that again will assist. If the Government continues to be as open As the country navigates through COVID-19 and communicates as much as they have about this, I fatigue right now, Mr. Speaker, my appeal would be to am somewhat comforted by that fact, Mr. Speaker. the public, Do not allow yourselves be become com- But the last thing I would want to see is that we could placent. We have come a long way, but we still have a have over-zealous public officers going around and long way to go. We are all in this together, and as we dealing with this in a way that would not be acceptable move forward, I am hopeful that we do not have to by all of us as parliamentary representatives of the have many tickets issued and that we have people people in this country. And so those are broad con- who are making responsible decisions and exercising cerns that I have, not overriding concerns but some- common sense. thing that should be mentioned in the debate tonight So, Mr. Speaker, that is just my little bit that I because it goes to the importance of Parliament and would like to add. Once again, thank you to the Minis- the importance of parliamentary oversight for critical ter and her team. And I am hopeful and mindful that matters that face Bermuda. the public are aware and will take heed. And today all of those matters have come to Parliament. We have had healthy debate on them. We The Speaker: Thank you, Minister. Bermuda House of Assembly Official Hansard Report 26 March 2021 1333

Does any other Member wish to make a con- COMMITTEE ON BILL tribution? No other. PUBLIC HEALTH AMENDMENT ACT 2021 Minister Wilson. The Chairman: Honourable Members, we are now in Hon. Kim N. Wilson: I would like to thank my col- Committee of the whole [House] for further considera- league, Honourable Minister of National Security, for tion of the Bill entitled Public Health Amendment Act her support in this legislation. As the Minister rightly 2021. indicated, we did have heavy consultation with the Minister, you have the floor. members of the Bermuda Police Service. Also, the contribution of the Member, MP Hon. Kim N. Wilson: Thank you, Mr. Chairman. Dunkley. I also thank him for his contribution. And if I I would like to move all clauses together, can address the issue that MP Dunkley rose concern- please. ing the negative resolution procedure, I certainly un- derstand that concern, recognising that the affirmative The Chairman: Continue. resolution procedure does take a longer process inso- far as having to go through both Houses and the like. Hon. Kim N. Wilson: Thank you. This allows us to act quickly and swiftly. I can assure Clause 1 provides a citation for the Bill. him that I will continue to . . . I look forward to our con- Clause 2 provides for the amendment of the tinued healthy debate with respect to this and the definition of “Public Health Officer” to also include the support that has been provided from the Opposition Chief Nursing Officer, Nurse Epidemiologist, the Pub- with respect to all of our public health emergency lic Health Nurse of the Department of Health, the pieces of legislation, no less this one. Chief Medical Officer, Director of Health and an au- I know that we speak of negative resolution thorised officer. procedures being made, then laid. So obviously, once Clause 3, Mr. Chairman, amends the Public they are made and then laid, then there would be an Health Act 1949 to insert sections 107C to 107K to opportunity, at the first opportunity when the matter is provide for the issuing of public health penalty tickets taken up by a motion, for further debate. Notwith- as follows: standing the concerns, I think that given the im- • Section 107C, Mr. Chairman, provides the portance of this particular piece of legislation, the definitions for the terms used in the new sec- Regulations that befall this, it is appropriate for it to be tions; by negative resolution procedure. • Section 107D disapplies the provisions of sec- Mr. Speaker, the other issue that was raised, tion 129 of the Criminal Code Act 1907 insofar a very valid issue concerning the public health offic- as to cause a person to whom a public health ers. In the first instance, naturally tickets will be issued penalty ticket is issued to be discharged of by the [Bermuda] Police Service, members of the Po- any liability to conviction for the offence set lice Service. They will have to train public health offic- out in the ticket if that person admits the said ers so that they can be fully up to speed with respect offence and pays the applicable penalty; to the ticketing regime and the expectations that befall • Mr. Chairman, section 107E authorises the that. However, again it will be the Bermuda Police public health penalty ticket and provides that it Service that will be providing the training, but they will shall be in such form as shall be prescribed in be in the first instance doing the issuance of the ticket- the regulations; ing. • Section 107F requires a Public Health Officer, With that, Mr. Speaker, I would like to move before proceeding to exercise any powers or that this Bill be committed. take any action with respect to any person, to

present to that person a copy of his official Is there any objection to this Bill being The Speaker: identification as a Public Health Officer; committed? • Section 107G provides empowerment for the There are none. Public Health Officer to issue a public health Deputy Speaker. penalty ticket where he has reasonable cause

to believe that a person has committed an of- Hon. Derrick V. Burgess, Sr.: Thank you, Honoura- fence; ble Member . . . Honourable Speaker, I am sorry. • Section 107H empowers a Public Health Of- ficer to stop any person and require that per- House in Committee at 7:15 pm son to answer any questions to enable the of-

[Hon. Derrick V. Burgess, Sr., Chairman] ficer to ascertain the person’s identity and whether the person is in compliance with the

public health legislation relating to COVID-19;

Bermuda House of Assembly 1334 26 March 2021 Official Hansard Report

• Section 107I provides power to extend the pe- Hon. Kim N. Wilson: Mr. Chairman, I now move that riod within which the penalty for the public the Bill entitled Public Health Amendment Act 2021 be health penalty ticket may be paid by a further reported to the House as printed. 28 days; • Section 107J provides for criminal proceed- The Chairman: It has been moved that the Bill Public ings to be instituted, notwithstanding section Health Amendment Act 2021 be reported to the 107D, where (a) a person refuses to answer House as printed. questions from a Public Health Officer regard- Are there any objections to that? ing his identity; (b) a person to whom a public There appear to be none. The Bill will be re- health penalty ticket is issued refuses to ac- ported to the House as printed. cept delivery or service of the public health Mr. Speaker. penalty ticket; and (c) a person to whom a public health penalty ticket is issued fails to [Motion carried: The Public Health Amendment Act pay the penalty for the offence within the peri- 2021 was considered by a Committee of the whole od of 28 days. The section also requires that a House and passed without amendment.] person to whom a public health penalty ticket is issued who does not admit to the offence House resumed at 7:22 pm and who does not pay the penalty is to appear at a time and place specified in the summons [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] set out in the public health penalty ticket for the hearing of the matter. REPORT OF COMMITTEE • Section 107K, Mr. Chairman, provides power for the Minister to make regulations for the PUBLIC HEALTH AMENDMENT ACT 2021 purposes of the public health penalty ticket. Thank you, Mr. Chairman. The Speaker: Thank you, Deputy. Members, Are there any objections to the The Chairman: Thank you, Minister. Public Health Amendment Act 2021 being reported to Are there any further speakers? the House as printed? There are none. It has been reported and re- Hon. Michael H. Dunkley: Mr. Chairman, tongue-in- ceived. cheek, the Minister was speeding, so she had better That now moves us on to the final item for slow down or she will get a ticket. today, which is the second and third reading of the No, Mr. Speaker, I have no questions in re- Quarantine Amendment Act 2021, in the name of the gard to this. Minister of Health. Minister. The Chairman: Okay. Thank you, Honourable Mem- ber Dunkley. SUSPENSION OF STANDING ORDER 29(1) Any further speakers? Any further speakers? Minister, do you want to move the clauses? Hon. Kim N. Wilson: Yes, Mr. Speaker. I move that Standing Order 29(1) be suspended to enable the Hon. Kim N. Wilson: Thank you, Mr. Chairman. House to proceed with the second reading of the Bill I move clauses 1 through 3. entitled the Quarantine Amendment Act 2021.

The Chairman: It has been moved that clauses 1 The Speaker: Are there any objections? through 3 be approved. There are none, continue, Minister. Are there any objections to that? There appear to be none. Approved. [Motion carried: Standing Order 29(1) suspended]

[Motion carried: Clauses 1 through 3 passed.] BILL

Hon. Kim N. Wilson: Mr. Chairman, I now move the SECOND READING preamble.

QUARANTINE AMENDMENT ACT 2021 It has been moved that the preamble The Chairman: be approved. Hon. Kim N. Wilson: Just a minute, please, Mr. Are there any objections to that? Speaker. There appear to be none. Approved.

The Speaker: No problem.

Bermuda House of Assembly Official Hansard Report 26 March 2021 1335

[Pause] The Speaker: Thank you. MP Pearman, would you like to make a con- Hon. Kim N. Wilson: Mr. Speaker, the brief that I tribution? read previously with respect to the Public Health Amendment Act 2021 a few moments ago effectively Mr. Scott Pearman: Yes, Mr. Speaker. applies the same to the Quarantine Amendment Act I just want to touch very briefly on a point. I 2021. The main distinction between these two is that know that the Minister is pressing with haste and has the Quarantine Amendment Act 2021 addresses of- other things to do, but it is when we deal with emer- fences for persons before they land, and the Public gency situations and we progress with haste that Health Amendment Act 2021 addresses offences for sometimes some democratic safeguards are over- persons once landed. looked or brushed under the carpet. My honourable colleague MP Dunkley made The Speaker: Thank you. I think it was expressed the point earlier about the negative resolution proce- earlier that the brief would cover both. And you have dure and the affirmative resolution procedure. I would clarified the difference in that one sentence. Thank just respectfully suggest it goes a little further than you, Minister. this. Both this Bill and the previous Bill place in the Members, does anyone wish to make a con- hands of the Minister the ability to define what is a tribution? criminal offence through delegated legislation, through None? the regulations. And one must treat that very carefully. I am sure that this particular Minister, who Hon. Michael H. Dunkley: Mr. Speaker, I will make a was the former Attorney General, knows that full well. brief comment in regard to this. But really, to determine what is and what is not a crim- inal offence is a matter for Parliament rather than sin- The Speaker: Okay. MP Dunkley. gularly a matter for a Minister. That is my only small point. Hon. Michael H. Dunkley: I thank the Minister for that Thank you, Mr. Speaker. clarification. That is what I assume had been the case. Mr. Speaker, for the understanding of the The Speaker: Thank you, MP people who listen to the House of Assembly on a reg- Does any other Member wish to make a con- ular basis, I think it bears to just reflect for a brief mo- tribution? ment as we talk about COVID-19 on where we are. There are none. Because in March, as we face still a few more days Minister. left in this month, we are over 200 cases that have been announced as positive for COVID-19 this month Hon. Kim N. Wilson: Thank you, Honourable Mem- alone. That means that it has surpassed January of bers, for your contributions. this year to be the second-highest case announce- And I certainly appreciate the contribution of ment since the beginning of COVID-19. December of the Honourable and Learned Member. I can assure last year with 344 still leads the way. But with a couple you that as long as I continue to occupy this particular of days left in March and with the onslaught of this seat, I will ensure as best as possible that the demo- most unfortunate outbreak and spike in our communi- cratic processes and safeguards do not get over- ty due to the actions of a few amongst us, it is likely looked, and that, notwithstanding the ability to define we will see the totals for COVID-19 announcements what a criminal offence is as it relates to these particu- push close to the 300 mark by the end of the month. lar pieces of legislation, we will do so in consultation And that is a startling change from where we were just with the police, the DPP and the Senior Magistrate, a few short weeks ago when we had four cases. who were heavily consulted with respect to this partic- So there might be some in the community ular Bill. So I can give you my assurance. who would look at legislation that has come for a first, With that, Mr. Speaker, I would like to move second and third reading in the House. But at this that we move into Committee. point in time, with a pandemic that has wrecked and ruined many lives and put many people at home for The Speaker: Thank you, Minister. extended periods of time, where we have lost loved Are there any objections to our going in ones and we have seen people sick and shut-in, we in Committee? the Opposition support prudent measures that the There are none. Government would do to arrest this slide in our com- Deputy. munity and get Bermudians back to some type of normalcy in their life. House in Committee at 7:27 pm So, thank you, Mr. Speaker. [Hon. Derrick V. Burgess, Sr., Chairman] Mr. Scott Pearman: Mr. Speaker. (MP Pearman.) Bermuda House of Assembly 1336 26 March 2021 Official Hansard Report

COMMITTEE ON BILL tions from an authorised officer regarding his identity; (b) a person to whom a quarantine QUARANTINE AMENDMENT ACT 2021 penalty ticket is issued refuses to accept de- livery or service of the quarantine penalty The Chairman: Yes, Honourable Members. We are ticket; and (c) a person to whom a quarantine now in Committee of the whole [House] for further penalty ticket is issued fails to pay the penalty consideration of the Bill entitled Quarantine Amend- for the offence within those 28 days. The sec- ment Act 2021. tion also requires that a person to whom a Minister, you have the floor. quarantine penalty ticket is issued who does not admit to the offence and who does not pay Hon. Kim N. Wilson: Thank you, Mr. Chairman. the penalty is to appear at the time and the Mr. Chairman, I would like to move all clauses place specified in the summons set out in the together, please. quarantine penalty ticket for the hearing of the matter; and The Chairman: Continue. • Section 11I provides power for the Minister to make regulations and orders for the purposes Hon. Kim N. Wilson: Mr. Chairman, clause 1 pro- of the quarantine penalty ticket. vides a citation for the Bill. Thank you, Mr. Chairman. Clause 2 amends the Quarantine Act 2017 to insert sections 11A to 11I to provide power for the is- The Chairman: Are there any further speakers? suing of quarantine penalty tickets as follows: No further speakers? • Section 11A provides the definitions for the Minister, do you want to move the clauses? terms used in a new section; • Section 11B disapplies the provisions of sec- Hon. Kim N. Wilson: Mr. Chairman, just a moment. I tion 129 of the Criminal Code Act 1907 so as am just reading from the drafters to see . . . to cause a person to whom a quarantine pen- Can I provide a little bit more clarity before I alty ticket is issued to be discharged of any li- move the clauses, or no? ability to conviction for the offence set out in the ticket if that person admits the offence and The Chairman: Yes, you can. pays the applicable penalty; • Section 11C authorises the quarantine penalty Hon. Kim N. Wilson: Mr. Chairman, with respect to ticket and provides that it shall be in such form the general policy to be used for purposes of the fixed as shall be prescribed in regulations and or- penalties, the regulations, as they are subject to nega- ders; tive resolution procedure, will only deal with minor of- • Section 11D requires an authorised officer, fences and procedural matters with respect to the is- before proceeding to exercise any powers or suing of tickets. take any action with respect to any person, to Thank you for your leave, Mr. Chairman. I present to that person a copy of his official would like to move that clauses 1 through 3 [be ap- identification as an authorised officer; proved], please. • Section 11E provides empowerment for an It has been moved that clauses 1 authorised officer to issue a quarantine penal- The Chairman: ty ticket where he has reasonable cause to through 3 be approved. believe that a person has committed an of- Are there any objections to that? fence; There appear to be none. Approved. • Section 11F empowers an authorised officer

to stop any person and require the person to Hon. Kim N. Wilson: Mr. Chairman, I now move the answer any questions to enable the author- preamble. ised officer to ascertain the person’s identity

and whether the person is in compliance with The Chairman: It has been moved that the preamble the quarantine legislation relating to COVID- be approved. 19; Are there any objections to that? • Section 11G provides power to extend the pe- There appear to be none. riod within which the penalty for the quaran- Approved. tine penalty ticket may be paid by a further 28

days; Hon. Kim N. Wilson: Mr. Chairman, I move that the • Section 11H provides for criminal proceedings Bill entitled the Quarantine Amendment Act 2021 be to be instituted, notwithstanding section 11B, reported to the House as printed. where (a) a person refuses to answer ques- Bermuda House of Assembly Official Hansard Report 26 March 2021 1337

The Chairman: The Bill entitled the Quarantine The Speaker: Are there any objections? Amendment Act 2021, it has been moved that it be No objections. reported to the House as printed. Continue, Minister. Are there any objections to that? There appear to be none. [Motion carried: Standing Order 21 suspended.] Approved. The Bill will be reported to the House as printed. BILL

[Motion carried: The Quarantine Amendment Act 2021 THIRD READING was considered by a Committee of the whole House and passed without amendment.] PUBLIC HEALTH AMENDMENT ACT 2021

Thank you, Honourable Minister and The Chairman: Hon. Kim N. Wilson: I now move that the Bill be now your team. read a third time by its title only and passed. Mr. Speaker.

The Speaker: The Bill has been read the third time by House resumed at 7:32 pm its title only and now passed.

[Hon. Dennis P. Lister, Jr., Speaker, in the Chair] [Motion carried: The Public Health Amendment Act 2021 was read a third time and passed.] REPORT OF COMMITTEE The Speaker: You can do the Quarantine Amend- QUARANTINE AMENDMENT ACT 2021 ment.

The Speaker: Thank you, Deputy. SUSPENSION OF STANDING ORDER 21 Members, are there any objections to the Quarantine Amendment Act 2021 being reported to Hon. Kim N. Wilson: I move that Standing Order 21 the House as printed? be suspended to enable me to move the Bill entitled There are no objections. It has been reported Quarantine Amendment Act 2021 be now read a third and received. time by its title only. That brings us to a close of the Orders for today. The Speaker: Any objections? Minister, before you leave I am going to allow None. you to do your third readings first as we get to our Continue, Minister. third readings now. Minister Wilson, would you like to do your [Motion carried: Standing Order 21 suspended.] third readings for your Bills? BILL Hon. Kim N. Wilson: Mr. Speaker, I move that the Bill entitled the Public Health Amendment Act 2021 be THIRD READING now read—

The Speaker: No. You have got to start out the first QUARANTINE AMENDMENT ACT 2021 one, the Public Health (COVID-19) Emergency Exten- sion— Hon. Kim N. Wilson: I move that the Bill be now read a third time by its title only and passed. Hon. Kim N. Wilson: That was an Order. The Speaker: The Bill has been read a third time by The Speaker: Oh, yes, yes. That was an Order. its title only and is now passed. Okay. Yes. Well, do your two Bills. Do your two, the Public Health and the Quarantine. [Motion carried: The Quarantine Amendment Act 2021 was read a third time and passed.] SUSPENSION OF STANDING ORDER 21 The Speaker: Thank you Minister. Hon. Kim N. Wilson: Mr. Speaker, [I move] that Minister of Finance, would you like to do your Standing Order 21 be suspended to enable me to third reading? move the Bill entitled Public Health Amendment Act 2021 be now read a third time by its title only. [No audible response]

Bermuda House of Assembly 1338 26 March 2021 Official Hansard Report

The Speaker: Minister? I am aware that some of my Members would like to speak on the motion to adjourn that I am about The Clerk: The Minister of Finance does not have a to move. third reading. The Speaker: Yes. The Speaker: That is right. His were just the Esti- mates. Hon. E. David Burt: And I move that this Honourable Who was next today? The Attorney General. House do now adjourn until Monday, May— Attorney General, would you like to do your third reading? The Speaker: Monday?

SUSPENSION OF STANDING ORDER 21 Hon. E. David Burt: Sorry, not Monday. My apolo- gies. Hon. Kathy Lynn Simmons: Yes, Mr. Speaker, thank you. [Laughter] Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled Hon. E. David Burt: My apologies, Mr. Speaker. I Criminal Code Amendment (Non-Consensual Sharing thought you wanted to come back for some more. I of Intimate Images) Act 2021 be now read the third thought you were ready. time by its title only. Mr. Speaker, I move that this Honourable House do now adjourn until Friday, May the 7th. The Speaker: Are there any objections to that? There are none. The Speaker: Are there any objections to that? Does Continue, Minister. anyone want to speak to that?

[Motion carried: Standing Order 21 suspended.] Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.

BILL The Speaker: Deputy Speaker, it sounds like I hear your voice. THIRD READING Deputy Speaker, you have your 20 minutes.

CRIMINAL CODE AMENDMENT COVID-19 PANDEMIC (NON- CONSENSUAL SHARING OF INTIMATE PLP GOVERNMENT’S HANDLING OF IMAGES) ACT 2021 Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, I want to talk about the recent—I Hon. Kathy Lynn Simmons: Mr. Speaker, I move that the Bill be now read a third time by its title only am saying “recent”—criticism of the Government and and passed. the way we are handling this pandemic. Mr. Speaker, as you would know, this Government is probably in the top five as far as being competent in how we have The Speaker: The Bill has been read a third time by its title only. handled this pandemic. And I would venture to say Any objections? that of the top five countries, our Leader is probably No. the youngest out of all of them. And with those criti- The Bill has now passed. cisms, they have even gotten personal against our Leader. [Motion carried: The Criminal Code Amendment (Non- Mr. Speaker, other countries would like to be Consensual Sharing of Intimate Images) Act 2021 in the position that we are in as far as the manage- was read a third time and passed.] ment of the pandemic. Mr. Speaker, you have some people not wanting to wear their masks. They say they are tired of it. Mr. Speaker, I would beg them that The Speaker: Thank you, Members. That brings us to a close of the Order of Busi- in the interest of the safety of our children and our el- ness today. derly, please wear the mask to protect them! We have Mr. Premier. an obligation and a responsibility to protect our chil- dren and the elderly. ADJOURNMENT Mr. Speaker, as you know this week we had to have closed schools because of people’s bad be- haviour. And today we just finished enacting law to put Hon. E. David Burt: Good evening, Mr. Speaker. in place to deal with the situation. And, Mr. Speaker,

Bermuda House of Assembly Official Hansard Report 26 March 2021 1339

law is enacted because of people’s behaviour—bad same), if he were a member of one of them, there behaviour I would say. would be no investigation of Dr. Brown. And I would Mr. Speaker, I was listening to Dave Lopes say then, Mr. Speaker, if Michael Dunkley (and I say one day this week. He says Canada was about to this very kindly) were a Member of the PLP, he would start registering people for the tier 3, people over 75. have been investigated. He said in Bermuda we are at tier 3. He said how Then, see, what really annoys me about the lucky we are, and some people do not appreciate how whole thing is, Mr. Speaker, the police broke into the lucky we are in this country. Brown-Darrell Clinic. They broke in there. And what And then also, while I am there, Mr. Speaker, did they do? The first thing they did was to cover the I would like to thank my cousins over in London, my cameras, Mr. Speaker. Why would they cover the blood cousins over in London for making the vaccine cameras? The police, who are supposed to protect us, available to us, and also thank the local companies, have broken into a business and covered the camer- international business for the assistance they have as, Mr. Speaker. And, Mr. Speaker, these same fel- given this Government in procuring equipment and lows, these same police not only broke in there, but everything else that we have needed to help keep they took patients’ files and had other folks analyse people safe. these files. Keeping our people safe is the responsibility There is such a thing as patient/doctor confi- of a government. And this Government has been . . . dentiality, Mr. Speaker. All of that was breached by they take this task, this responsibility, very seriously. the police. Taking people’s files out, Mr. Speaker! And And they have acted with much confidence, very I mean, that cannot . . . that should not happen! And, much so, Mr. Speaker. Mr. Speaker, what they did, they went to court and Mr. Speaker, you know, if we did not take the these same policemen who broke in and covered the actions that we have taken so far, just imagine. Mr. cameras went to court and testified. How could they Speaker, we would have had thousands of people be credible witnesses when they broke into a busi- with the virus. We would have had more deaths than ness and covered the cameras? They should not even we actually had. One death is too many. But just im- have been allowed to be credible witnesses, one that agine if we would have had all that. Can you identify the judges believe. And then they take action. They with the criticism we would have had? ruled that the patients did not have any case. And We have done such a great job, and we have then you find that the law firm that represented them still got some people criticising. What I would say or was paid almost $1.2 million by the Government. venture to say, Mr. Speaker, is that the majority of the And now that same firm is trying to get people in this country are appreciative of the way this $300,000 out of those poor patients, innocent patients Government has handled this pandemic. And I ap- who had their files taken and tried to get redress in the plaud this Government for the way we have handled courts. And based on the testimony from those who this thing. broke into the office to steal those files or take those No, nothing is perfect. And this Government is files, they are testifying against them. That has to be not claiming to be perfect in the way they handled it. questioned by the courts! How can you get people And even those countries that are ranked with us as who break in and cover the cameras? Why do busi- far as handling the good management of this pandem- nesses have cameras in their offices? Why do we ic, they have not been perfect either. have cameras all over Bermuda? They are trying to But I can tell you, this Government has been police the country, trying to police their office to see true to the task, has been right on the money with this who is coming in. Or if they were to break into the of- here, and have taken every effort to make sure that fice, to see what they are coming in to do. The police our people are safe, Mr. Speaker. And I applaud are no exception. them. They should not be allowed to break into any- body’s place. That is bad in the first place. But what GOVERNOR LAUNCHES INQUIRY INTO they did to add insult to injury, they covered the cam- COMPLAINT AGAINST POLICE COMMISSIONER eras, Mr. Speaker. Mr. Speaker, that is something I cannot tolerate! Why did the largest house and the Hon. Derrick V. Burgess, Sr.: Mr. Speaker, on an- chief occupant of Langton Hill not . . . why did they not other note, I saw in the news that the chief occupant order investigations into the actions of the police? No! of the largest house on Langton Hill is investigating Why not? They are in charge of them, not the the Police Commissioner. And I am not going into Government. what the investigation is, but my concern is, Mr. Mr. Speaker, it is just like the Auditor General Speaker, that these investigations are only aimed at at the time, Larry Dennis. He was found with stolen certain people. police files. Stolen police files, stolen out of police cus- Mr. Speaker, I would venture to say that if Dr. tody! The chief occupant of the largest house on Ewart Brown, the former Premier of this country, was Langton Hill never ordered an investigation. But I can a member of the OBA or the UBP (they are both the tell you if that same Auditor General was thought to Bermuda House of Assembly 1340 26 March 2021 Official Hansard Report have been a Member of the Progressive Labour Party, The Speaker: MP Dunkley. he would have been investigated, Mr. Speaker. And then you have police fabricating stories. I Hon. Michael H. Dunkley: Yes, Mr. Speaker. That is have said this before, and I say it again. I say it again correct. because history repeats itself. Fabricating stories to get into people’s bank accounts, Mr. Speaker, I know The Speaker: You have your 20 minutes. of such a case. The police had called this gentleman up wanting him to come see them. So the gentleman PARLIAMENTARY QUESTION (MINISTERIAL went to the police, and they had documents from his ADVISORS OR CONSULTANTS AND THEIR bank account. And the person asked the police, How REMUNERATION) PATI REQUEST did you get these documents from the bank? And the policeman replied the banks sent it to him, gave them Hon. Michael H. Dunkley: Twenty minutes. Thank to him. So the gentleman went to see the hierarchy of you, Mr. Speaker. the bank. I am not going to call the bank’s name. Mr. Speaker, I will agree with one thing that Went and saw them. the Honourable Member who preceded me said. And And the top man at the bank said, you know, that is in regard to thanking the UK for their support No, we won’t do that, sir! If we had a problem with through COVID-19, and especially the vaccines. We your account, we would call you first to inform you. are well aware of the good position we are in. Be- And then we would turn it over. And they told the gen- cause of the free PCR tests and also the free vac- tleman, Well, let us check it out and we will get back cines we were given, it allowed us to get ahead of the to you. Well, I am told that a couple of weeks went by. game. The bank never called back. When the gentleman Mr. Speaker, I certainly disagree with a lot of called the bank and spoke to the CEO at the bank, the the other comments. And what I will say, the Honour- bank said, We have nothing further to say. And it died. able Member loves to mention my name when we are So you do not know who was telling the truth. in the House. And, like anyone else, if I break the law I Who was telling the truth? would expect the police to chase me and to investi- But the bank did not live up to what they said gate me, Mr. Speaker. Let me make it very clear that they would normally do because they never called the the only benefit I get from public life is the satisfaction customer. And the police said the bank gave them the of doing my best to serve the people of Bermuda. And files. I will continue to do that, Mr. Speaker. Having said So, Mr. Speaker, there are some laws put in that, I will not descend to that level anymore. place for different reasons. The laws are not put in What I would like to speak about, Mr. Speak- place for the police to fabricate stories to get infor- er, with your indulgence, is that on February 19th mation. And because if that is the case, then there is [2021], I asked questions in Parliament to the Hon- no protection for the public. It is almost like right now ourable Premier. Those questions were originally the way it stands, based on the court ruling, the police asked by way of submission to the Clerk on Decem- can fabricate a story and go to your doctor and get ber the 2nd for answer on December the 11th. At that your files. There is nothing right about that! The police time the Honourable Premier asked for them to be have no right to get in your file. There are some ex- deferred, and I agreed that they could be deferred tenuating circumstances when they maybe can. But until the House came back for our next session start- there have been no charges on those patients, Mr. ing in the New Year, Mr. Speaker. Speaker. To refresh the memory of colleagues and This is where I do not admire what they do, by those in the listening audience, there were a couple of the chief occupant of the largest house on Langton questions and they dealt with ministerial advisors and Hill, when they investigate certain people and [for] consultants. And the first question was to the Honour- other people they stop the investigations, Mr. Speak- able Premier, “Will the Honourable Premier please er. inform this Honourable House which Government Min- With that, Mr. Speaker, I say good night to all. isters (including the Premier) have at any time since Thank you. March 8, 2019, had either advisors or consultants as per the Ministerial Code of Conduct, and list the name Hon. Michael H. Dunkley: Good evening, Mr. of the advisor or consultant and the ministry to which Speaker. he/she is attached?” The Premier answered that question, Mr. The Speaker: Thank you, Deputy. Speaker, by saying, “With respect to the first question Would any other Member like to make a con- from the Honourable Member, the first answer is Min- tribution at this time? istry of Public Works, Ms. Trina Bean, advisor/political aide of the Minister. In regard to the other Ministers Hon. Michael H. Dunkley: Yes, Mr. Speaker. I would who fall under this, it would be myself (the Premier), like to speak. Mr. Gabriel Abed is over technology, advisor to the Bermuda House of Assembly Official Hansard Report 26 March 2021 1341

Premier; and Dr. Carika Weldon, scientific advisor to Parliament in that Dr. Carika Weldon was an unpaid the Government of Bermuda, and also, Mr. Denis advisor, because there is a consultancy service Pitcher, who serves as FinTech advisor to the Gov- agreement between the Government of Bermuda, ernment of Bermuda.” signed by the Secretary to the Cabinet, Marc Mr. Speaker, the second question was, “Will Telemaque, signed by the Head of the Public Service, the Honourable Premier please provide this Honoura- Derrick Binns, and signed by the consultant that ble House the total remuneration and benefit package shows from October 1, 2020, through to the 30th of for each advisor or consultant listed?” September 2021, Dr. Weldon is in fact compensated The Honourable Premier in response to the by a gross fee of $20,000 a month for services pro- question said, “The first is Ms. Trina Bean at $9,886 a vided to the Government of Bermuda. month. Mr. Gabriel Abed in the role of digital and sci- Now, Mr. Speaker, I will say that I am not here ence and technology advisor to the Premier of Ber- to debate the amount. Because I think, to date, from muda is unpaid. Dr. Carika Weldon in her role as Sci- what I understand from Dr. Weldon, that has been ence Advisor to the Government of Bermuda is un- money well spent. And people can talk about that all paid. And Mr. Denis Pitcher in regard to FinTech Ad- they want. I am not getting involved in that, because I visor is $9,034.12 per month.” appreciate those services. But what I am here tonight Now, Mr. Speaker, when I heard those an- speaking about, Mr. Speaker, is quite clearly it ap- swers I was quite surprised because I did not believe pears that the Premier has misled the House of As- that they were correct, to have unpaid advisors, not sembly, providing incorrect information. specifically so much Mr. Gabriel Abed because I fig- ured that Mr. Abed as an overseas consultant might Hon. E. David Burt: Point of order, Mr. Speaker. take some pride and satisfaction in being an unpaid Point of order, Mr. Speaker. Point of order, Mr. advisor to the Government of Bermuda in the role of Speaker. digital and science technology advisor. But I was quite surprised by the Honourable Premier’s answer that The Speaker: Hold on. Hold on, Member. There is a Dr. Carika Weldon in her role as science advisor was point of order. unpaid. We will take your point of order. Now, Mr. Speaker, let me pause right here in my comments to say that this is in no way about Dr. POINT OF ORDER Weldon. I certainly appreciate the work that she has [Misleading] done. I am well aware of the tremendous sacrifice and the hours she has worked. And we would not be in the Hon. E. David Burt: The Honourable Member is mis- position that we are today in regard to COVID-19, leading the House. The statement provided to the having progressed mightily in many areas which we House was accurate. talked about, still under the strain of it. But Dr. Weldon There was a question as to what was Dr. has played an instrumental part in the process and Carika Weldon’s remuneration underneath the Minis- where we are today, along with many other people. terial Code of Conduct and advisors appointed under But the science and the understanding of this pan- the Ministerial Code of Conduct. Dr. Weldon serves as demic that Dr. Weldon has brought to the table have a government scientific advisor. The contract of which been invaluable. the Honourable Member is referring to is the matter And so when I heard that Dr. Weldon was dealing with the management of the lab, which is not unpaid I was shocked. I was shocked, because I under the Ministerial Code of Conduct, because it thought it was inappropriate that somebody would be would not have had to be signed by the Head of the working so hard and sacrificing so much to be in that Public Service if it was. So there are two different con- role as an unpaid advisor. So I never accepted that tracts that are there. statement as correct, Mr. Speaker. But the Honourable Member can continue to I thought about it for some time. And then I go ahead and talk about Dr. Weldon if he wishes, who decided that I would [submit] a PATI [public access to works nonstop. And her actual remuneration equates information] request, Mr. Speaker. And in regard to to about $40 an hour if we talk about how much work that PATI request, which I made on March the 2nd to she does. But he may continue. the PATI Officer within the Cabinet Office, I received a th reply on March the 17 . Mr. Speaker, I have sent you The Speaker: Member, you can continue but be an email (just as I started to speak) with the PATI re- mindful of the clarification and— ply that I received so you should have it in your email now if you would like to look at it. Hon. Michael H. Dunkley: Yes, Mr. Speaker. I am I found, much to my disbelief . . . and I say certainly mindful. “disbelief,” Mr. Speaker, because this is about a mat- ter of trust. Mr. Speaker, I found, much to my disbelief, The Speaker: —be guided by that. that the Premier actually was incorrect and had misled Bermuda House of Assembly 1342 26 March 2021 Official Hansard Report

Hon. Michael H. Dunkley: Mr. Speaker, I am certain- tion of which he asked was answered. And I know full ly mindful of the clarification. I certainly am entitled to well that the Honourable Member was trying to get a my view on this subject, as well, Mr. Speaker. different answer and that is why he has proceeded Clearly, in the fullness of openness and trans- with his line today. The question asked, Mr. Speaker, parency, the Honourable Premier at the time could was the question that was answered. And the Hon- have clearly explained that there was another contract ourable Member should stop—should stop—referring for services, Mr. Speaker, because that would have to a different answer that should have been given been a befitting and appropriate thing to do at the when the question that he asked was the one that was time, Mr. Speaker. answered.

Hon. E. David Burt: Point of order, Mr. Speaker. The Speaker: Thank you. Thank you. Thank you, Mr. Premier. The Speaker: MP, let me just give you a little guid- Honourable Member, I have given some guid- ance. The question asked is the question that is an- ance to you. I would expect you to respect the guid- swered, plain and simple. There is no obligation to ance. provide any explanation other than what is sought af- ter in the question. There come supplementaries, Hon. Michael H. Dunkley: Yes, Mr. Speaker. And just there come all other means that information, addition- for the record to the Honourable Premier, I am not al information can be sought. But the answer is in ref- expecting any different answer, Mr. Speaker. I am erence to the question that is put. certainly just trying to do the job to serve the people of Bermuda best as I can, Mr. Speaker. So I have no Hon. Michael H. Dunkley: Thank you, Mr. Speaker. preconceived emotions of trying to get a different an- Mr. Speaker, I appreciate your guidance, and certainly swer, Mr. Speaker. And I respect your guidance. I in going through this matter I still have my concerns have said all I have to say on this matter, Mr. Speak- about it. And I will accept your guidance from there, er, and I appreciate the opportunity to speak on the Mr. Speaker. I view it as a matter of splitting hairs. motion to adjourn. Certainly, as I said— The Speaker: Thank you, MP. Hon. E. David Burt: Point of order, Mr. Speaker. Does any other member wish to make a con- tribution at this point? Any other Member? [Crosstalk] Mr. Christopher Famous: Mr. Speaker. The Speaker: Member, Member. I gave a direction. That was my direction. I am not going to let anybody The Speaker: It sounds like MP Famous. MP Fa- refer to my direction as a split of hair. I am going to mous. suggest you move forward. Mr. Christopher Famous: Mr. Speaker, I yield to Hon. Michael H. Dunkley: Mr. Speaker, I am not talk- someone from the Opposition who wishes to speak. ing . . . I accept your guidance. I am talking about my view on the understanding of the matter in this case, The Speaker: I heard you first, MP Famous. You can Mr. Speaker. And that is my opinion. And I will stay continue. You have got your 20 minutes. with that. I certainly respect your guidance on this. The Speaker will reign supreme in Parliament, Mr. AECON MINIMUM REVENUE GUARANTEE—LACK Speaker. And I think one of the fundamentals of par- OF FULL DISCLOSURE BY OBA liamentary democracy is that we should be able to question matters with the forthrightness that is re- Mr. Christopher Famous: I am going to expound quired. And it is up to Members of Parliament to be here, right? Anyway, I will move on, Mr. Speaker. fully open and provide information as completely as I find it curiouser and curiouser that people possible, Mr. Speaker. talk about full disclosure, right? You know, if we had full disclosure some, I don’t know, four years ago, Hon. E. David Burt: Point of order, Mr. Speaker. maybe we would not find ourselves having to pay $21 million . . . $21,003,900 to a foreign company for min- The Speaker: Point of order. imum revenue guarantees because someone did not disclose that there was no coverage for acts of God. POINT OF ORDER Mr. Speaker, I find it curiouser and curiouser [Imputing improper motive] that people who ask for full disclosure who proclaim to be smart businesspeople, persons such as the former Hon. E. David Burt: Mr. Speaker, the Honourable Premier, persons such as the former Deputy Premier, Member is imputing improper motive again. The ques- persons such as the other former Premier, persons Bermuda House of Assembly Official Hansard Report 26 March 2021 1343

such as the current Opposition Leader and persons week—is going to offset the cost that we have to pay such as the former Opposition Whip signed on to a to Aecon because someone did not give full disclo- deal that left Bermudians on the hook for sure. Mr. Speaker, every passenger who comes out of $21,003,900. that airport . . . hopefully it is not raining, because if it Mr. Speaker, here is the thing. People like to, I is raining they are going to get wet because full dis- would say, major and minor in order to (what is the closure was not put there that we do not have any word I want?) deflect on things that they have done cover for people coming out in the rain. Four-hundred wrong themselves. If it was correct, if what they did million dollars, and people are getting wet. was correct, I expect them to point-of-order me. But I Mr. Speaker, every passenger who comes off do not think they can do that. of that is going to jump into a minibus or a taxi. So Mr. Speaker, you see, IATA [International Air what does that mean, Mr. Speaker? It means our Transport Association], which is the international body people are going to be able to make money again. that covers air travel, has predicted that we will not get The minibuses and the taxis that have been starved back to normal. We—the world—will not to get back to for work for the last year and a half due to COVID-19 normal tourist numbers for another four years. will be making money. They will be able to help pay So what does that mean, Mr. Speaker? That their rents, pay their mortgages, buy their groceries. means if those projections are correct, we the Bermu- That means we are helping our people, Mr. Speaker. dian people, we the Bermudian Government on behalf Six-hundred-plus taxi drivers who need work. A hun- of the Bermudian people, are going to have to keep dred-something minibuses that need work. on paying Aecon minimum revenue guarantees be- Mr. Speaker, what else does it mean? It cause someone did not give a full disclosure of the means, inevitably, that when they get on these ships contract. we will get head tax. That means money going into And that someone had the audacity a few the Consolidated Fund, Mr. Speaker. It means, Mr. months ago to stand in front of the camera and say it Speaker, that when these people come back from off was a good deal, or it is a good deal! I will wait to hear of their seven-day trip, some would choose to stay in a point of order. Bermuda for a few more days. What does that mean, No point of order? Mr. Speaker? That means our hotels, which have Mr. Speaker, it goes further. The then Deputy been starved for work, will get work. Our guest houses Premier, former Deputy Premier said, We would do it will get work. Those who have taken the leap of faith all again! For $21,003,900, but he would do it all and have Airbnb will get work, Mr. Speaker. And from again. Mr. Speaker, here is the thing. We are the all of that comes some form of tax that goes into the Government now. We are going to do what we have Consolidated Fund, Mr. Speaker. to do. But let us not stop there, Mr. Speaker. We get fuel tax from the fuel that they bunker up in Dockyard. TOURISM—BERMUDA’S HOMEPORTING We get tax from the food that we sold to these ships. INITIATIVE Now, some people are actually salivating. You know what that means? “Salivate” means that they are ea- Mr. Christopher Famous: I want to pivot slightly be- ger to be able to sell their goods to the cruise ships. I cause I want to talk about some good news. will not say who, but they know who they are. And Mr. Speaker, earlier this week, I want to say they can point-of-order me, but I know what they Monday (it had to be Monday), our Minister of know. Mr. Speaker, they are salivating on the money Transport, our resident aviation expert, was able to they are going to make off of these cruise ships. The stand on his feet . . . well, virtually stand on his feet same Government that they say does not give full dis- and announce that we are going to be homeporting. closure, we are going to help them make money. What is homeporting?, some people may ask. It Think of that, the irony of it all, what the Government means that at least two cruise lines will have their is going to get through the tax from the food imported ships based out of Bermuda. The way Bermudians that goes onto those ships. are used to flying to Puerto Rico and used to flying to Mr. Speaker, I want to take a moment. Often somewhere in Florida to catch a ship to go cruise we hear . . . all the time we hear about Ministers, but around the Caribbean or go to California and cruise often we do not hear about those who are behind the up to Alaska, those people will now be flying into Ministers putting things in place to make these things Bermuda to catch a ship to cruise either to nowhere or happen. So I want to take a moment and congratulate to a Coca Cay place in [the] Bahamas. three ladies especially who work in the Ministry of What does that mean, Mr. Speaker? Because Transport. Permanent Secretary Ms. Jasmin Smith often this Government was accused of not having in- and Transportation Coordinator Ms. Stacey [Evans- novation, not knowing how to manage the economy, Coles] (I don’t know if she is Mrs., so excuse me). And not knowing how to make money. Let me tell you what then there is another lady, the Executive Assistant Ms. it means, Mr. Speaker. Every passenger who flies in— Teresa Ince. These ladies have worked tirelessly to and it is supposed to be at least 2,300 passengers per assist the Minister in his endeavours. The few days Bermuda House of Assembly 1344 26 March 2021 Official Hansard Report that I got to spend down at TCD, [Transport Control Mr. Speaker, the Bermuda College is there. Department] I saw how hard he worked, how hard And they have a motto: Many paths. Choose one. So these ladies work. So I want Bermuda to know how in closing Mr. Speaker, I would say to those who do hard these people have worked to make things hap- not really give full disclosure, this is not the Govern- pen. ment that you think that you played with years ago. So, Mr. Speaker, I take my hat off not just to This is the new PLP. We are here to innovate, wheth- the Minister of Transport, but the Minister of Tourism, er it be homeporting or transitioning the college into the Honourable Premier David Burt. And let us re- more career fields for Bermuda. member, Mr. Speaker, without transportation there is Thank you, Mr. Speaker. no tourism. The Speaker: Thank you, Honourable Member. BERMUDIANS ACCEPTING PERSONAL Does any other Honourable Member wish to RESPONSIBILITY WHEN SEEKING EMPLOYMENT make a contribution at this time?

Mr. Christopher Famous: Mr. Speaker, I am moving Hon. Zane J. S. De Silva: Yes, Mr. Speaker. on to my last piece. It is called personal responsibility. Mr. Speaker, not everything we can blame on The Speaker: Sounds like MP De Silva. racism. Not everything we could blame on colonialism. Not everything we could blame on the OBA. Although Hon. Zane J. S. De Silva: Thank you. Thank you, Mr. these things are sort of synonymous, not everything Speaker. we can blame on them. Mr. Speaker, Bermudians are saying there are no jobs or there are no good jobs. The Speaker: MP De Silva, you have your 20 And I call that . . . I will not say the word, but I do not minutes. We hear you, but we are not seeing you yet. subscribe to that theory. Mr. Speaker, I just came from the hospital getting my first something in my arm. And Hon. Zane J. S. De Silva: Hang on. I am pushing . . . there were plenty of nice people. But I saw very few hang on, Mr. Speaker. I hope you have got the clock Bermudians. stopped just in case I need it. So I say to people in Bermuda, whether it be the nursing field, radiology field, medical technolo- The Speaker: Well, we see you now. gists, whatever it may be, there are plenty of jobs that would never go out of business in the medical field. Hon. Zane J. S. De Silva: Can you see me now? Yes, the hospital may be challenged, but they will never not be able to pay their staff. So I say to Ber- The Speaker: Yes. mudians, there are plenty of jobs in the medical field. Start looking for them! Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, earlier this week I heard some- one from IB [International Business] saying, We don’t The Speaker: We remind Members when you are in have enough Bermudian accountants, so we have to front of your camera that we are in Parliament. So you bring people in. There are plenty of jobs in the ac- should be appropriately attired. countancy field, Mr. Speaker. We just need Bermudi- ans to apply themselves, Mr. Speaker. Mr. Speaker, Hon. Zane J. S. De Silva: Okay. Hang on, Mr. my favourite topic . . . there are plenty of jobs in the Speaker. Hang on. Okay. How is that, Mr. Speaker? trades field. We just need Bermudians to apply them- selves. So to the Bermudians listening and saying, The Speaker: Go ahead, Member. Well, that’s fine. Where do I apply myself? Apply yourself to call the Bermuda College, 236-9000. I will Hon. Zane J. S. De Silva: Okay. And this white colour repeat that: 236-9000. Ask for Dr. Curtis-Tweed or Mr. is on for a reason, Mr. Speaker. Ruddock. They have plenty of programmes. Mr. Speaker, this Government, the same The Speaker: You had a change of fashion? Government that is accused of non-full disclosure has spent almost $1 million helping the Bermuda College Hon. Zane J. S. De Silva: I am working on it, Mr. since we came in in 2017 to afford programmes to get Speaker. I am working right at. our people transitioned into careers versus just a hus- tle. So I implore our Bermudians, do not use the The Speaker: All right. crutch of racism. Do not use the crutch of colonialism. Do not use the crutch of, Oh, well, the school didn’t Hon. Zane J. S. De Silva: I might even have to come prepare my child for the . . . . That is all . . . well, you to your place of worship and give you a good word. know what I want to say. The Speaker: Okay. All right. Bermuda House of Assembly Official Hansard Report 26 March 2021 1345

PARLIAMENTARY QUESTION (MINISTERIAL Poor, Mr. Speaker. [this is] the same Premier, former ADVISORS OR CONSULTANTS AND THEIR Premier who ordered an investigation to his party REMUNERATION) PATI REQUEST chairman into affairs that many felt were nefarious, underhanded and outright not right. (Let us be nice Hon. Zane J. S. De Silva: Mr. Speaker, this Govern- tonight, Mr. Speaker.) ment I think has done a fairly good job at managing But you might recall, Mr. Speaker, that the the pandemic. This Government I think has been the former Premier Dunkley told his then Chairman, Mr. envy of many other countries in the world. What dis- Thad Hollis, You can investigate, but you do not in- appointed me tonight, Mr. Speaker, was when the vestigate my Ministers. And what did he do, Mr. former Premier, Michael Dunkley, took to the floor and Speaker? He resigned! That report that was promised tried to turn this and discredit our Premier. I take huge by former Premier Dunkley. The then Leader of the exception to that, Mr. Speaker. And I did not plan on OBA, promised to the people of this country to reveal speaking tonight. But I took huge, huge exception. the contents of that investigation. It is still on that And I am glad that he was cut down and put in his plane, Mr. Speaker. It has never been revealed. And place for trying to, in my view, make a political grand- you had people in the OBA who resigned over that, standing night of tonight. Mr. Speaker. And that Honourable Member has the audacity to accuse our Premier of not being transpar- The Speaker: He was just instructed to follow the ent and forthright to the people of this country when rules; that is all. that is all he has done? Mr. Speaker, that is reprehen- sible indeed. Hon. Zane J. S. De Silva: Yes. Yes, he was, and he was quite rightly put in his place, Mr. Speaker. AECON MINIMUM REVENUE GUARANTEE—LACK But there is something that I think everyone in OF FULL DISCLOSURE BY OBA the House of Parliament and the Senate needs to take note of. And that is that there are some who sit on the Hon. Zane J. S. De Silva: Now, Mr. Speaker, my col- other side that no matter what the Progressive Labour league, Mr. Famous, talked about some of the money Party does as a Government, it will never be good that is being spent and some of the deals the OBA enough. And for the Honourable Member Dunkley to did. I just want to mention two quick things, Mr. take the tack he did tonight and try to use Dr. Weldon Speaker. We are in a very, very dire situation with re- as the pawn to attack our Premier was very sour in- gard to our finances. Everyone knows that this Gov- deed. And quite frankly, I think he should write an ernment is now $200 million and counting with regard apology to our Premier. to bailing out Morgan’s Point and paying off the guar- Because let us face it, Mr. Speaker. You know antees that the OBA gave to the developer up there. you have been here long enough (as have I), and But what no one talks about, Mr. Speaker, it is when a question gets asked in Parliament, whether it $200 million and counting. But suppose we would is written, whether it is at the Ministerial Statement, have had that money in an account, Mr. Speaker, you answer the question that is asked. And for that making just 4 per cent interest? Do you know what Honourable Member to suggest that [the Premier] that is, Mr. Speaker? It is $8 million, easy math—4 per could have been more transparent when he answered cent of $200 million is $8 million. Do you know how that question and said X, Y and Z, is way off base, many buses that would buy, Mr. Speaker, at way off base indeed, and poor. For a seasoned Mem- $300,000? Twenty-seven. Do you know how many ber of the House, it was poor and only tells us one buses it would buy at $150,000? Easy math, 54, Mr. thing. That this wasn’t about facts and trying to reveal Speaker. Twenty-seven or fifty-four, choose your poi- facts, because I would suggest to everyone listening son whether you want electric or you want diesel. That that surely that Honourable Member after receiving is just out of the interest, Mr. Speaker! information from the PATI Commission could have And it is no different than the $21 million that made a better judgment than he did. we have paid to date to Aecon or Skyport, $21 million. But he has an agenda as many in the OBA Mr. Speaker, 4 per cent of that is $840,000. Think of do. They have an agenda. No matter what this Gov- the millions and millions of dollars in interest only that ernment does, no matter what legislation we may we have lost on those two deals. And we will continue bring to help the people of this country or to help bring to lose, by the way. So, if the Honourable Members tourists to this Island or to do anything positive— from the OBA want to talk about this Government and increase international business, bring more people to how we are running things, think about just those two the Island to work—no matter what we do, if it is posi- things. And the list goes on. Because I can throw in tive they are going to try to turn it around and burn us the America’s Cup $400 million if you would like. I can down, Mr. Speaker. And that is a prime example for throw in Cross Island for $40 million if you like, Mr. the people of this country to make note of tonight. In Speaker. The list goes on. the middle of a pandemic, that Honourable Member So all I am saying, Mr. Speaker, is this: I just chooses this subject to try to discredit our Premier. encourage . . . and we know that we have many peo- Bermuda House of Assembly 1346 26 March 2021 Official Hansard Report ple who listen to the critiques in the House. I encour- The Speaker: You may want to get a little closer to age them to pay attention to what happened tonight your microphone so you come through a little louder. with regard to the Honourable Member Dunkley and what he tries to insinuate regarding our Premier. Just AECON MINIMUM REVENUE GUARANTEE—LACK take note, take note and take note. Thank you, Mr. OF FULL DISCLOSURE BY OBA Speaker. Mr. Neville S. Tyrrell: Okay. Sorry about that, Mr. The Speaker: Thank you Honourable Member. Speaker. Does any other Honourable Member wish to Let me say again that it is not my intent to make a contribution at this time? reflect on any previous debate. It is not really my in- tent. However, it came to mind earlier when there was Mr. Neville S. Tyrrell: Mr. Speaker. discussion about the pay-out, which has already been mentioned this evening, the $21 million that had to be The Speaker: Any other Member? paid to Aecon. And first of all again let me say that this is not directed at Aecon . . . it most certainly appears Mr. Neville S. Tyrrell: Mr. Speaker. that they are some smart businessmen. Mr. Speaker, the point I am coming to is my The Speaker: Sounds like MP Tyrrell. constituents have continually asked me, Why do we have to continue making these payments? And I have Mr. Neville S. Tyrrell: Yes, it is, Mr. Speaker, and to be respectful. And I say to them, you know, when I good evening. respond that it is the result of a bad deal for Bermuda. It was a bad deal. And we are contractually bound to The Speaker: You have your 20 minutes. continue to make these payments. In fact, let me say at this point that we are probably still on the hook for Mr. Neville S. Tyrrell: Thank you, Mr. Speaker. I will another $16 million. So let me be very, very clear in not need 20 minutes. But thank you— that. Mr. Speaker, when I say that it is very hard for The Speaker: Well, we need to get your camera on me to respond to my constituents who say to me, MP so we can see you along with hearing you. Tyrrell, we have community parks that are in disrepair. Really, some of that money could be used for repairs Mr. Neville S. Tyrrell: All right. I thought I had it on. I and maintenance. They also say to me, Some of that will try again. money could be spent on our community clubs and How is that? our NSGBs (our national sports governing bodies) to improve their programmes. The Speaker: Yes. So, Mr. Speaker, let me say that it has not gone unnoticed by the people I talk to in my constitu- Mr. Neville S. Tyrrell: Any better? ency, [who] understand that this has been a bad deal. It has not been good for us at all. Let me say, Mr. The Speaker: Yes. You are good. Speaker, that I certainly could not help noticing when I went through the Budget Book that there are at least Mr. Neville S. Tyrrell: Thank you very much, Mr. three ministries whose budgets are not even at $21 Speaker. As I said, thank you for the opportunity. I will million. And I am sure they would have been happy to not need 20 minutes. get a portion of that $21 million that we have already Mr. Speaker, first of all I may incur the wrath paid out, and of course the $16 million that we are of my Honourable Whip, as I had not intended to probably going to be on the hook for. speak and did ask him very late, very late. So, Mr. Speaker, as I said, I needed to get that off my chest. And let me end by saying that the The Speaker: No, you can keep it short then. How is airport deal in my opinion was just another bad deci- that? I am sure your Whip would appreciate it; so sion made by the OBA when they were this Govern- would I. ment. Thank you, Mr. Speaker.

[Laughter] The Speaker: Thank you, MP Tyrrell. Does any other Member wish to make a con- Mr. Neville S. Tyrrell: I am sure. And I will positively tribution at this time? Any other Member? say whatever ruling that he comes to I am prepared to accept. It is just so that I can get this off my chest only Hon. E. David Burt: I will. Mr. Speaker, I know that because the Premier has already indicated that we one of my Members wants to speak. He might be hav- are not going to be back until early May. So I will be ing a technical challenge. brief. Bermuda House of Assembly Official Hansard Report 26 March 2021 1347

The Speaker: Mr. Premier, I was just about to Mr. Speaker, I learned that these unique peo- acknowledge you for your 20 minutes. ple did not discover this Island, nor did they arrive here under their own free will, but rather they were Hon. E. David Burt: I know you were. captured, transported and forced to work here as free or cheap labour over 400 years ago. Shortly thereaf- [Crosstalk] ter, Mr. Speaker, laws were passed in this very House allowing these people to be considered property. Mr. The Speaker: No one else is moving. Speaker, I am talking about people actually consid- ered someone’s property. Chattel slavery soon fol- Hon. E. David Burt: I am just making sure they can lowed, making it legal for their offspring to be consid- sort out their technical difficulty, Mr. Speaker. I would ered property as well. So under this law, a master had hate for MP Adams’s maiden speech to be abruptly the legal right to say, Not only do I own you, I own you ended due to technical challenges. for the rest of your life. In fact, I own your future chil- dren as well. Mr. Jache Adams: Mr. Speaker. Mr. Speaker, I could go on. But the truth is that was a long time ago. That was over 400 years The Speaker: Let me get clarity on that. [ago]. Surely times have changed. And so, I continued MP Adams, are you about to make a maiden to read on, thinking to myself, Well, what about 200 speech? years ago? It was then, Mr. Speaker, that I read a book by a lady of this group. Her name was Mary Mr. Jache Adams: Indeed I am, sir. Prince. And in this book, she told stories of her life in Bermuda 200 years ago. The Speaker: Okay. And, Mr. Speaker, if you would allow me, I Members, the courtesy that is extended on a would like to tell a quick story from her experience. maiden speech is being requested for the next 20 minutes, as the MP presents, makes his maiden ad- The Speaker: Continue, Member. dress. Okay. MP Adams, you have the floor. Mr. Jache Adams: She said one day one of the cows had gotten away from where her close friend, Hetty, MAIDEN SPEECH had kept it. And when their master found out, he got angry and ordered Hetty to be stripped naked, not- Mr. Jache Adams: Mr. Speaker, I rise for the first withstanding her pregnancy, and tied to a tree. He time in this Honourable House to say how humbled, then flogged Hetty as hard as he could till she was appreciative and proud I am to be here. And with that streaming with blood all over her body. being said, Mr. Speaker, the first thing I must do is He rested, then beat her again and again. acknowledge that I did not get here alone. I will avoid After some time had passed, Hetty appeared calling names, as I would inevitably miss out deserv- to recover, only to be repeatedly flogged, this time by ing people. But I must acknowledge five very special both master and mistress until one day her body and women in my life. Iona Brangman, Natalie Adderley, limbs swelled so much that she laid on the kitchen Karen Raynor, Alexa Lightbourne and Yara Adams. mat and died, giving birth to her dead baby. Each of them inspired me in their own way and are a And, Mr. Speaker, the part of the story that reminder of how blessed I truly am. struck me the most was when Ms. Prince went on to But, Mr. Speaker, there are certainly others. say that all of the other slaves said the death was a So to the entire team, my family and friends, the Pro- good thing for poor Hetty. gressive Labour Party and the C-19 Branch, the well Mr. Speaker, when I read this, my heart sank. wishes . . . they did not know me, but they encour- To know that a human being was treated in such a aged me anyway. And of course those who voted for way on this Island because of laws passed in this me on October 1st, from the bottom of my heart, I House, where death was considered a good thing, thank you all. and to know that these people lived like this for hun- Now, Mr. Speaker, it is important that those dreds of years is absolutely gut-wrenching. listening understand that I am not satisfied with just Mr. Speaker, that was a long time ago. That having the job. My satisfaction comes from doing the was over 200 years [ago]. Surely times have changed. job. I am not here to just be a politician; I am here to And so I read on, thinking to myself, Well, what about be an effective one. In order to do so, Mr. Speaker, in 100 years ago? Mr. Speaker, that is when I read order to have valuable input into the decisions being about the [Development] Company Act, which again made, I did some further research into this country. was legislation passed in this House that forced many And in my quest I learned about a unique group of of these unique people to sell their property in Tuck- people. And the more I read about them, the more er’s Town after they had spent generations developing fascinated I became. it into a thriving community. Imagine, if you will, your Bermuda House of Assembly 1348 26 March 2021 Official Hansard Report grandfather sacrificing his entire life for your father, tion, too weak to assume that change will come by your father sacrificing for you, you then for your son. complaining from the side-lines. This Government is And just when things begin to look promising for your committed to opening doors. But their success is son, a law is passed that takes it all away. largely up to them. Mr. Speaker, lest I forget, the Hotel Keepers’ Mr. Speaker, the Premier has been clear on Protection Act allowed hotel and restaurant managers his vision of FinTech in this country. And yet I am the right to refuse to serve these unique people with- shocked to see that many will use their smartphones out any justifiable reason. It was the UBP’s E. T. to check their social media and take selfies, but not Richards who stood in this House and said the law use those same devices to learn about FinTech and caused embarrassment, insult and humiliation to discover ways that they can take advantage of it. these people. Mr. Speaker, that too was a long time Mr. Speaker, when the Health Minister in the ago. It was roughly 100 years ago. Surely times have midst of a pandemic continues to push for universal changed. health care because this Government is committed to And so, I asked myself, How are these unique achieving access to health care for all Bermudians, people living in Bermuda today? Mr. Speaker, I could and we recognise there are over 4,000 under- or un- not believe it. Recent statistics show these very same insured in this country, the fact that there are not at people earn, on average, 30 per cent less in income, least 4,000 people championing the Minister on regu- have an unemployment rate three times their counter- larly, baffles my mind. part, represent 98 per cent of those in correctional Mr. Speaker, there are more people today facilities and 93 per cent of the homeless in Bermuda. who pick up their phone to complain about the price of But beyond the numbers, Mr. Speaker, the shocking groceries but will not pick up the phone to ask about a part of this to me is that none of those numbers are a co-op programme designed for them to own the gro- surprise to us. It is as if society has just accepted this cery store and set their own prices. as the norm. So, the question is clear: When does And so, Mr. Speaker, I will finish with this. I inequality end and the true equality we seek begin? am grateful for the opportunity to serve the people of Mr. Speaker, I do not even know these unique Bermuda. I am ready to represent all of the constitu- people. But if they are listening, I want them to know ents of Pembroke West. And more importantly, Mr. that I have heard their story. They have been margin- Speaker, I extend my hand to those willing to join me alised for far too long in this country, and I will use my in effecting real change so that another young man time in this House to do all that I can to help. does not have to deliver a similar speech in this Now, Mr. Speaker, here is where it gets inter- House 100 years from now. esting. There will be some who hear this and think I Thank you, Mr. Speaker. am being negative. Some will say that I am holding back progress because I am bringing up the past. [Desk thumping and cheering] Some will even go so far as to say that I am encour- aging division. But, Mr. Speaker, that could not be any Some Hon. Members: Hear, hear! Hear, hear! Hear, further from the truth. I am all about unity, equality and hear! what is right for all Bermudians. Mr. Speaker, when the Progressive Labour The Speaker: Thank you, Honourable Member. Party says that it is focused on defending the rights of Would any other Honourable Member wish to women, it does not mean we will turn our back on make a contribution at this time? men. When we say we will better include the disabled Any other Member? in the community, it does not mean that all able- bodied persons should now be concerned. And so, Hon. E. David Burt: Since there is no one else, Mr. Mr. Speaker, when we say we are here to help these Speaker, I will, but I will yield— unique people who have endured unspeakable cir- cumstances, it does not mean that the rest of Bermu- The Speaker: Mr. Premier, I suggest you take the da will be ignored. floor before I hit the gavel. Mr. Speaker, I will reiterate. I am all about unity, equality and doing what is right for all Bermudi- [Laughter] ans. But our history has shown that this will not be achieved by maintaining the status quo. The Speaker: It is in my hand, Mr. Premier. You have Now, Mr. Speaker, as I close it would be re- your 20 minutes. miss of me not to speak from the other side of the coin which is, as I see it, accountability. It is important that Hon. E. David Burt: Thank you very much, Mr. these unique people understand the part of emanci- Speaker. pating yourself from mental slavery and recognising And, Mr. Speaker, let me start this speech by the role you play in it. It is too easy to simply blame saying that the Progressive Labour Party is blessed to slavery, segregation or racism for their current condi- have a very strong team. And in this incredibly busy Bermuda House of Assembly Official Hansard Report 26 March 2021 1349

session in this House of Assembly of which we have netic sequencing, whether it was training young Ber- done our budget matters, we have witnessed a maid- mudians, whether it was on the television educating en speech by MP Ianthia Simmons-Wade, a maiden persons—all of those things. speech by MP Jason Wade and tonight the maiden Now, here is what it is, Mr. Speaker. The speech by MP Jache Adams. And what I will say, Mr. Honourable Member who raised the issue raised it for Speaker, is that all of them gave a unique aspect to one thing—old divide-and-conquer tactics. But here is the reason why they are here, gave an understanding the thing. I would just challenge the Honourable to the people of this country as to what they represent Member to ask if he would question such if it were not and how they will represent not only their constituents, a female who looked like me. Because I do not re- but advance the interests of the people who elected member the criticisms and comments regarding how them, Mr. Speaker. much the former Chair of the Bermuda Tourism Au- And I would just like to commend all of them thority would have made—far in excess of that. I do on an amazing speech. And I think it is very interest- not remember those comments or questions, Mr. ing to note that MP Adams, of course, thanked five Speaker. But here we are. And we recognise the dou- people. Did he say five ladies? ble standard. Let me say this. The country is getting the Some Hon. Members: Yes. services of Dr. Weldon at a discount. And let me be clear to the Honourable Member who raised this. The PARLIAMENTARY QUESTION (MINISTERIAL country right now is saving a tremendous amount of ADVISORS OR CONSULTANTS AND THEIR money due to the work of the Bermuda Government REMUNERATION) PATI REQUEST Diagnostic Laboratory. That lab, Mr. Speaker, has done over 170,000 COVID-19 tests. Do you know how Hon. E. David Burt: Thanked five ladies. And the last much those tests would have cost if they would have two ladies he thanked were his fiancée of a few been done in the private sector, Mr. Speaker, by pri- months and his daughter, as well. And, Mr. Speaker, I vate testing labs? Those are reimbursed by insurance will tell you, probably one of my most fun days this companies at $300 apiece, Mr. Speaker. That is over year was helping to arrange and assist the MP with a $50 million. I will say it again. If those tests were done surprise for his fiancée to propose to her. in the private sector, that would have been valued at But when I say all of these things, Mr. Speak- over $50 million, as they are reimbursed at a rate of er, I have to say that the Members who represent this $300 a test, Mr. Speaker. And you know what that party do this work, Mr. Speaker, because they care. would have meant? Everyone’s health insurance They do this work not because of fame, not because would have come up. of privilege, not because of title but because they care So instead of looking to throw stones or trying about the constituents they represent, and they care to say that someone is trying to mislead the House or about this country, Mr. Speaker. And so to hear earlier trying an old divide-and-conquer tactic, I would ask this evening what can be classified as a very poor di- the Honourable Member from constituency 10, who is vide-and-conquer attack by the person who once held one of the most senior Members of this House, to lis- this office, the Member from constituency 10, you ten to the speech that was just given by the Honoura- would have thought that those tactics would have ble Member from constituency 19, who is certainly been left in the past. one of the most junior Members of this House, to un- Let me be 100 per cent clear, Mr. Speaker. derstand the history of what we are fighting against. This country is proud and privileged to have an inter- And to ask himself what side of that history does he nationally recognised scientist like Dr. Carika Weldon want to be a part of, Mr. Speaker? Because pushing working for us. in things like that has no place in a world where we are trying to tell MP Jache Adams’s daughter, Yara, or [Desk thumping] my daughter, Nia, to aspire to something, to go away to get their education, to be world-renowned and to Hon. E. David Burt: And it was funny, because last come back to help their country, Mr. Speaker. That is night, Mr. Speaker, while we were up late as we often what we have? And if the Honourable Member does are, dealing with matters, Dr. Weldon at 2:00 am told not like it or does not believe that she deserves it, me, Mr. Premier, it is the one-year anniversary from then he should take it up with someone else; but do when you asked me to come back to Bermuda to as- not bring it into this House because it is below this sist with the pandemic. Understand, Mr. Speaker, she Honourable House, Mr. Speaker. did not have to come. Now, here is the thing, Mr. Speaker, 2:00 am [Desk thumping] is a norm for Dr. Weldon. This morning she went to bed at 5:00 am and woke up again. Whether it is co- ordinating drive-through testing, of which was done earlier, whether it was setting up a lab and doing ge- Bermuda House of Assembly 1350 26 March 2021 Official Hansard Report

BUSY AND CHALLENGING have a number of cases that will be reported in the PARLIAMENTARY SESSION coming days, and the numbers will be staggering, Mr. Speaker. Hon. E. David Burt: Now, Mr. Speaker, this was a And after a rise in cases, a couple of weeks long session. And there was a lot of work that was later comes a rise in hospitalisations. And we have to accomplished. We started with an experience that be ready for that, Mr. Speaker. The truth is, fortunately humbled us, because it showed the limits of the power for us, our hospitalisations will be lower due to the of this elected body, where legislation could be excellent work of the public health teams in the vac- brought forward and then could be turned back by an cination effort, which has seen more than 40 per cent unelected body in another place, Mr. Speaker. We of the eligible population already get at least one then came back to hear a recovery budget delivered dose, and the still-continued roll-out which places the by the Minister of Finance, who laid out very clearly Bermuda vaccine distribution in the top 10 in the and plainly what this country is facing, and laid out the world, Mr. Speaker. fiscal strategy and the economic strategy that will as- However, with all of that said, the public sist us in the recovery, Mr. Speaker. health apparatus in this country is not just the hospital. We delivered on a signature promise to phase It is the individuals who are delivering the vaccines. It our middle schools, one that has been promised for a is the individuals who are doing the tests. It is the indi- very long time inside of this Honourable Chamber. viduals who are calling and doing the contact tracing And just today we kept yet another election promise and sending out reports and making sure we are get- when we passed the Act which was the non- ting things done. Mr. Speaker, they have been going consensual sharing of [intimate] images, better known at it for a year. And they are now stretched to capaci- as revenge porn legislation, by the Honourable Attor- ty. We cannot afford for that public health team to ney General, keeping yet another Progressive Labour break down, Mr. Speaker. And so this Government Party election promise, Mr. Speaker. That is what we will take actions to protect the public health team. were sent here to do, deliver for the people who sent This Variant of Concern is just that, Mr. us here. And in this session, this Government has de- Speaker—incredibly concerning. So I have a few livered, Mr. Speaker. messages for the people who are listening. Number But at the same point in time we speak about one, this is not a joke. And this is not something to delivering, Mr. Speaker, we are also at a challenging play with. There are many people who will say the point. And the Honourable Deputy Speaker led off this coronavirus is a fraud. It was funny; I was speaking to motion to adjourn by praising this country’s manage- a young man today. And he said that in one of his ment of the pandemic. Without question, Mr. Speaker, WhatsApp chat groups, one of his friends who is a we have been praised and we have been helped and fitness person and all the rest, who had spent the last assisted by persons whom I have spoken about in this year saying that the coronavirus was a hoax and did motion to adjourn already. not exist now has it and is laid out, struggling, Mr. Speaker. This is not a joke. And we must take the COVID-19—VARIANT OF CONCERN precautions that are necessary. My message to all of those who are listening Hon. E. David Burt: But we right now, Mr. Speaker, is, treat every single person whom you come into con- we are challenged. There is no doubt about it, Mr. tact with, with the knowledge that they may be an Speaker. We are challenged. Throughout all of our asymptomatic carrier of this dangerous strain, be- great performance, a “Variant of Concern,” as the cause that is what we are seeing, Mr. Speaker. We World Health Organization calls it, better known as the are capturing a number of people who are testing to UK variant B.1.1.7 has taken control and taken hold in leave the country and had absolutely no idea that they our Island, Mr. Speaker, the spread of which we are were in contact, no symptoms, anything else, but yet seeing and the case numbers of which we are report- they had been in workplaces. And so we are going to ing are staggering. It is staggering for members of the have to take actions to minimise the risk, because public to hear these numbers that are in far greater after a year of challenge, after a year of sacrifice, we number than what we would have seen during the last are unfortunately where we are right now. spike in November. In leadership you must take lumps. You must Here are the facts, Mr. Speaker: The Gov- always question whether or not you could have made ernment has made decisions last week, and where we different or better decisions. The truth is, Mr. Speaker, are it is likely that the Government will have to make we do not have that luxury. Right now we have to deal more difficult decisions going forward. But there is one with the situation at hand and focus on the best deci- thing at the end, Mr. Speaker, which we must recog- sions for the future. nise. It is that the ultimate objective of any public So I have a few things to say, Mr. Speaker, health intervention when you are inside of a public before I close. Number one, I want to pay tribute to health emergency or a pandemic is to protect your the Minister of Health and her entire team for the work public health care system, Mr. Speaker. Now, we will of which they have done for this last year. Bermuda House of Assembly Official Hansard Report 26 March 2021 1351

[Desk thumping]

Hon. E. David Burt: It is not easy. They get no credit. But day in and day out, Saturdays, Sundays, Mon- days, Tuesdays, Wednesdays, Thursdays, Fridays, around the clock, late hours, early hours, continuing to do this. Whether they are swabbing at the post office or they are swabbing at the airport, whether they swabbing around the country, testing people in labs, private sector labs, public sector labs, and the teams at the hospitals. It has been a year, and now we must all do our part. The virus only spreads if we allow it to do so. The principal concern, Mr. Speaker, is for the vaccination programme to continue unimpeded. And that is what we are delivering, Mr. Speaker. So with that, Mr. Speaker, I thank all Honour- able Members for the work of which they continue to do for this country. I thank the Cabinet. I thank all Members of the Legislature for the support of which they give as we push forward. And I ask all Members of this Honourable House, and everyone listening, to make sure they do their part in helping us to push back the tide of this fight. And it is a very simple thing to do, Mr. Speaker:  Wear your mask.  Keep your distance.  Wash your hands.  And if you are sick, do not go out. We will get through this as a country together, as we have shown before, and we will get past this challenge with a world-leading public health system that has delivered vaccinations the exact same way that we have managed to deliver tests. And we will be okay, Mr. Speaker. With that, I am happy to say good night, Mr. Speaker. And I hope to see you in May.

[Desk thumping]

The Speaker: Thank you, Mr. Premier. Thank you, Members, for this discussion and for bringing tonight’s sitting to an early close. Be safe. Enjoy your time away from here. Spend time with your families over the Easter season and the Good Friday. And we look forward to seeing you at the first Friday in May. Good night, Members.

Some Hon. Members: Good night. Good night, Mr. Speaker. Good night, all.

[At 8:53 pm, the House stood adjourned until 10:00 am on Friday, 7 May 2021.]

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