2015/16 SESSION of the BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

11 March 2016 Sitting number 15 of the 2015/16 Session (pages 1425–1540)

Hon. K. H. Randolph Horton, JP, MP Speaker

Disclaimer: The electronic version of the Official Hansard Report is for informational purposes only. The printed version remains the official record. Official Hansard Report 11 March 2016 1425

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT 11 MARCH 2016 10:06 AM Sitting Number 15 of the 2015/16 Session

[Hon. K. H. Randolph Horton, Speaker, in the Chair] Thank you, Mr. Speaker.

PRAYERS The Speaker: Thank you, Attorney General.

[Prayers read by Hon. K. H. Randolph Horton, The Clerk: Additionally, Members, please be advised Speaker] that soft copies of these communications are avail- able, and they will be sent to you electronically. CONFIRMATION OF MINUTES PETITIONS The Speaker: Honourable Members, the Minutes of March 7th and 9th are deferred. The Speaker: There are none.

ANNOUNCEMENTS BY THE SPEAKER STATEMENTS BY MINISTERS OR MEMBER PRESIDING AND JUNIOR MINISTERS

APOLOGIES The Speaker: The Chair will recognise the Honour- able Premier. The Speaker: Members L. K. Scott, the Junior Minis- ter, and D. V. Burgess continue to be away. Addition- Hon. Michael H. Dunkley: Good morning and thank ally, Member W. L. Furbert will be absent today. you, Mr. Speaker. Good morning, colleagues.

MESSAGES FROM THE SENATE The Speaker: Good morning.

The Speaker: There are none. RESPONSE TO ISLAND-WIDE WITHDRAWAL OF LABOUR CAMPAIGN PAPERS AND OTHER Hon. Michael H. Dunkley: Mr. Speaker, I rise to ad- COMMUNICATIONS TO THE HOUSE dress this Honourable House in the wake of the call by the People’s Campaign for an Island-wide with- The Speaker: The Chair will recognise the Learned drawal of labour today. Attorney General. Mr. Speaker, governments are called upon to be sensitive to the challenges facing the people whom FINANCIAL INTELLIGENCE AGENCY FINANCIAL they serve. In doing so, governments are to make dif- ST STATEMENTS FOR YEARS ENDED MARCH 31 , ficult decisions, and not everyone will be satisfied, let 2013, 2014 AND 2015 alone pleased, with the outcome. Immigration is one such issue that ignites the passions of many. No one FINANCIAL INTELLIGENCE REPORT FOR THE has disputed the need for comprehensive immigration YEARS 2012/13, 2013/14 AND 2014/15 reform. No one has disputed the need to address the inequities that continue to exist in our society today. Hon. Trevor G. Moniz: Good morning, Mr. Speaker. I There is, though, a difference in the paths that have two. various groups prefer to follow to achieve an outcome Firstly, Mr. Speaker, I have the honour to at- that we can perhaps all agree is necessary. Mr. tach and submit for the information of the Honourable Speaker, in a mature democracy, we are able to ex- House of Assembly the Financial Intelligence Agency press our views and our feelings without fear of retri- st Financial Statements for years ended March 31 , bution. I am thankful, Mr. Speaker, to live in a country 2013, 2014 and 2015. that naturally grants, understands, and encourages In addition, Mr. Speaker, I have the honour to this freedom. But with this freedom comes responsibil- attach and submit for the information of the Honour- ity, a responsibility to each other, to the wider com- able House of Assembly the Financial Intelligence munity, a responsibility that should be cherished as Report for the years 2012/13, 2013/14 and 2014/15. much as the freedom to express ourselves. Bermuda House of Assembly 1426 11 March 2016 Official Hansard Report

The call by the People’s Campaign for an Is- Mr. Speaker, I have a question for the Hon- land-wide withdrawal of labour in response to this ourable Premier. Government’s plan to engage in a full debate of its proposals for comprehensive immigration reform can- The Speaker: Yes, sir. not be considered to be a responsible action. This Honourable House is a place to debate the issues that QUESTION 1: RESPONSE TO ISLAND-WIDE we as a country must face, especially the most chal- WITHDRAWAL OF LABOUR CAMPAIGN lenging, most uncomfortable issues. Certainly, Mr. Speaker, you would recall the debates on compre- Hon. Marc A. R. Bean: To the Honourable Premier, in hensive immigration reform that we have already had, light of this strike action, can the Honourable Premier particularly the long and sometimes heated debate share with this House if the Government’s current po- this past Monday. That is responsible action. sition on Pathways to Status is unchanged? The call to withdraw labour is intended to dis- rupt life in Bermuda, inconveniencing many families The Speaker: Premier. and interfering with the delivery of services. Children will not be able to get transport to school. Parents will Hon. Michael H. Dunkley: Thank you, Mr. Speaker. be forced to remain home from work to care for them. The Honourable Member called it a strike ac- The list of disruptions goes on. A call for the with- tion. I believe it was worded a withdrawal of labour. drawal of labour threatens Bermuda’s work to rebuild And our current position remains the same. the economy, work that produces jobs and opportunity Bermudians sorely need to provide for their families. It The Speaker: Thank you, Honourable Member. will impact us far beyond our shores and far beyond The Chair will recognise the Honourable today. Member from constituency 17, MP Walton Brown. Mr. Speaker, this Government hears the con- cerns of the people regarding immigration reform. We QUESTION 1: RESPONSE TO ISLAND-WIDE know that there are those who are uncomfortable with WITHDRAWAL OF LABOUR CAMPAIGN the proposals. There are also many who welcome them. We cannot ignore the fact that the majority do Mr. Walton Brown: Thank you, Mr. Speaker. support these proposals. My colleagues and I have Can the Honourable Premier answer the fol- been urged to stay the course, because the proposals lowing, Mr. Speaker: Given that the Premier refers to are good for Bermuda. a mandate to act and to lead on these matters, will the We hear all viewpoints, and it is our duty and Premier accept that there is no such mandate, given responsibility to govern for the benefit of all of Ber- that his party prior to the 2012 election expressly muda. Mr. Speaker, that is our mandate, and that is stated it would not undertake the action they are cur- how we will continue moving this country forward, rently taking? making the tough decisions for a strong and prosper- ous future that serves the interests of all Bermudians. The Speaker: Premier. Mr. Speaker, let us debate. Let us express our views, and let us do so passionately. But let us also do so Hon. Michael H. Dunkley: No, Mr. Speaker. with tolerance, respect, and responsibility. Thank you, Mr. Speaker. The Speaker: Thank you, Honourable Member. The Chair will recognise the Honourable The Speaker: Thank you, Honourable Member. Member from constituency 29.

REPORTS OF COMMITTEES QUESTION 1: RESPONSE TO ISLAND-WIDE WITHDRAWAL OF LABOUR CAMPAIGN The Speaker: There are none. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. QUESTION PERIOD The question I have for the Premier is this. On the last page in his second paragraph, and I will The Speaker: Yes. The Chair will recognise the Hon- quote: “We cannot ignore the fact that the majority do ourable Leader of the Opposition. support the proposals.” What data do you have, Pre- mier, to verify that statement? Hon. Marc A. R. Bean: Good morning, Mr. Speaker. The Speaker: Premier. The Speaker: Good morning, good morning. Hon. Michael H. Dunkley: Mr. Speaker, that is our Hon. Marc A. R. Bean: Good morning to honourable view. colleagues. Bermuda House of Assembly Official Hansard Report 11 March 2016 1427

The Speaker: Thank you. The Speaker: Yes, sir.

Hon. Zane J. S. De Silva: Supplementary? QUESTION 2: RESPONSE TO ISLAND-WIDE WITHDRAWAL OF LABOUR CAMPAIGN The Speaker: Yes.

SUPPLEMENTARIES Mr. Walton Brown: In light of the growing and perva- sive discontent with regard to the Government’s ap- Hon. Zane J. S. De Silva: Mr. Premier, you said that proach to immigration reform, is the Premier prepared this is your view. When you say your view, who is to accept greater and greater social unrest that is “your”? Who are you referring to? likely to follow, rather than commit to a collaborative broad-debate approach reflective of comprehensive The Speaker: Premier. immigration reform?

Hon. Michael H. Dunkley: Mr. Speaker, I did not say The Speaker: Premier. your or my view. I said “our” view. Hon. Michael H. Dunkley: Mr. Speaker, I do not sup- The Speaker: Do you have another supplementary? port the approach that there are some in this commu- nity who would like to see tensions continue to rise. Hon. Zane J. S. De Silva: Yes, Mr. Speaker, thank And I think it is unfortunate that Members continue to you. walk along that path. This is a very emotive issue, as I Can you clarify who “our” is then? have talked about often. And we have been swamped with people who support this proposal. So I think it is Hon. Michael H. Dunkley: The Government of Ber- inappropriate for leaders in this community to continue muda. to support raising up civil disobedient levels.

The Speaker: Thank you. The Speaker: MP Brown, you have a supplementary The Chair will recognise the Honourable on that? Learned Member from constituency 34. MP De Silva [sic]. Mr. Walton Brown: Yes.

Ms. Kim N. Wilson: Wilson, actually. The Speaker: Yes.

[Laughter] Mr. Walton Brown: Mr. Speaker, I do have a supple- mentary, and it will come to me right now. The Speaker: MP Wilson. The Speaker: Yes. Yes. Ms. Kim N. Wilson: Thank you. Thank you, Mr. Speaker. Supplementary. Mr. Walton Brown: But my question for the Honour- able Premier— The Speaker: Yes. The Speaker: Is this another new question? SUPPLEMENTARY Mr. Walton Brown: It is new, my third question. It is Ms. Kim N. Wilson: Would the Premier admit and my third question. acknowledge that forming such views without the presence of any type of statistics to confirm that view The Speaker: You had a supplementary on that ques- may actually result in the actions that we are seeing tion? today? Hon. Zane J. S. De Silva: Yes. The Speaker: Premier. The Speaker: All right. MP De Silva. Hon. Michael H. Dunkley: Mr. Speaker, I do not agree with the substance of the question. No. SUPPLEMENTARY

The Speaker: The Chair will recognise MP Walton Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Brown. This is your second question? Premier, you just said that you have been swamped by people who support it. Can you give us Mr. Walton Brown: Yes. Bermuda House of Assembly 1428 11 March 2016 Official Hansard Report an example of the people whom you have been The Speaker: Honourable Premier. swamped by?

The Speaker: Premier. Hon. Michael H. Dunkley: Mr. Speaker, yes, mem- bers of. Hon. Michael H. Dunkley: Mr. Speaker, Bermudians of all walks of life. Mr. Jamahl S. Simmons: Supplemental, Mr. Speaker. The Speaker: The Chair will recognise the Honour- able Whip, from constituency 3. The Speaker: The Chair will now recognise the Hon- ourable Member from constituency 33 for a supple- Ms. Lovitta F. Foggo: Thank you. mentary. Mr. Premier, there have been many— SUPPLEMENTARIES The Speaker: This is a question? Mr. Jamahl S. Simmons: The Honourable Premier Ms. Lovitta F. Foggo: A supplementary. just said that they have been in contact with members of the Caribbean association. Is the Honourable Pre- The Speaker: A supplementary on that? mier aware that there are members of the Caribbean association calling Minister Fahy a word you cannot Ms. Lovitta F. Foggo: Yes. use in Parliament (you could outside) of being dishon- est about the conversations? Is the Honourable Pre- The Speaker: Okay. mier aware of that, Mr. Speaker?

SUPPLEMENTARY The Speaker: Premier.

Ms. Lovitta F. Foggo: There have been many whom Hon. Michael H. Dunkley: Not of the Caribbean as- we have been swamped by. And we believe that it is sociation, Mr. Speaker. our responsibility to bring the concerns to you. Will you not engage in dialogue with us regarding the con- The Speaker: Thank you, Honourable Member. cerns that we are trying to share with you, Mr. Pre- mier? Mr. Jamahl S. Simmons: Supplemental, Mr. Speaker. The Speaker: Premier. The Speaker: Yes. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. We have always been open to engaging in Mr. Jamahl S. Simmons: Is he aware that the Jamai- dialogue. can Association is referring to the conversation that Minister Fahy has led, and the West Indian Associa- The Speaker: Thank you. tion are referring to the Honourable Minister who sits Is this for a supplementary, Honourable Mem- in another place as a person who is not telling the ber? truth, Mr. Speaker?

An Hon. Member: Question. The Speaker: Premier.

The Speaker: Honourable Member, your name is not Hon. Michael H. Dunkley: Mr. Speaker, I do not be- up here for questions. lieve that is an accurate statement, but the Minister Yes, carry on, MP Wilson, the Learned Mem- does keep myself and honourable colleagues up to ber. date.

SUPPLEMENTARY Mr. Jamahl S. Simmons: Supplemental, Mr. Speaker. Ms. Kim N. Wilson: Thank you. Supplementary, Mr. Speaker. The Speaker: Ah, no, you have had two supplemen- The Premier just indicated that [persons from] tals already. all walks of life have come to the Government ex- pressing their concerns. Could he also confirm Mr. Jamahl S. Simmons: All right. whether [people from] all walks of life include the West Indian Association? Bermuda House of Assembly Official Hansard Report 11 March 2016 1429

The Speaker: Yes. The Chair will recognise the Hon- QUESTION 2: RESPONSE TO ISLAND-WIDE ourable Member from constituency 21. Question? WITHDRAWAL OF LABOUR CAMPAIGN

Mr. Rolfe Commissiong: Supplemental. Mr. Walter H. Roban: Would the Premier not agree, by not following a pledge which one [made] in their The Speaker: Yes. Throne Speech, they are breaking a promise with the SUPPLEMENTARY people of Bermuda?

Mr. Rolfe Commissiong: Mr. Speaker, bearing in The Speaker: Premier. mind that the Premier has conceded that the claim that the majority support these measures has not Hon. Michael H. Dunkley: No, Mr. Speaker. been quantified, does the Premier and/or his Govern- ment intend to quantify the support or lack thereof for The Speaker: MP Roban again. these measures? Mr. Walter H. Roban: Supplementary, Mr. Speaker. The Speaker: Premier. The Speaker: You have a supplementary. All right. Hon. Michael H. Dunkley: Mr. Speaker, as we have Yes, go ahead. always said, we will continue to be in dialogue and to listen to people. Mr. Walter H. Roban: Supplementary, Mr. Speaker.

The Speaker: Thank you, Premier. The Speaker: Yes. The Chair will now recognise the Honourable Member from constituency 15. Is this your question, SUPPLEMENTARY Honourable Member? Mr. Walter H. Roban: I ask then, Mr. Speaker, what Mr. Walter H. Roban: Question, Mr. Speaker. would the Premier describe as not following a promise to the people as? The Speaker: Yes. The Speaker: Premier. Mr. Walter H. Roban: Question one, Mr. Speaker. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I The Speaker: Hold on a second for me. Okay. Fair do not think that deals with this Statement. enough, Honourable Member. The Speaker: You have another supplementary? QUESTION 1: RESPONSE TO ISLAND-WIDE WITHDRAWAL OF LABOUR CAMPAIGN Mr. Walter H. Roban: Actually, it was referring to the Statement. But I will move on, Mr. Speaker. Mr. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, would the Honourable Premier The Speaker: All right. agree, when one reads the sentence in his Statement which states, “immigration is one . . . issue that ignites Mr. Walter H. Roban: As my original question was the passions of many,” would the Premier not agree, about a promise and how he has ignited the passions by announcing on the day after the by-election, Feb- in the people, which is in this Statement. ruary 5th, the Pathways to Status, having not followed the pledge which they made in their own Throne The Speaker: All right. You have another question, Speech of November 15th, they have purposely ignited Honourable Member? those passions in the public? Mr. Walter H. Roban: Yes. The Speaker: Premier. The Speaker: I will come to you, MP Brown. Hon. Michael H. Dunkley: No, Mr. Speaker. Your third question.

The Speaker: Yes, MP Roban, a supplementary? QUESTION 3: RESPONSE TO ISLAND-WIDE WITHDRAWAL OF LABOUR CAMPAIGN Mr. Walter H. Roban: Second question. Mr. Walter H. Roban: Would the Premier not agree The Speaker: Your second question. Yes, okay, sir. that by not having provided an opportunity for the pub- lic to consult or deal with the Government prior to this Bermuda House of Assembly 1430 11 March 2016 Official Hansard Report

Bill being tabled, as the Government promised it QUESTION 1: RESPONSE TO ISLAND-WIDE would do when it comes generally with immigration WITHDRAWAL OF LABOUR CAMPAIGN issues, that they have not kept their commitment to ensure that immigration was handled in a calm and Mr. Rolfe Commissiong: Mr. Speaker, thank you. dispassionate manner? Will the Premier not concede that the intransi- gence of this Government and their unwillingness to The Speaker: Premier. withdraw the Bill is proof positive that this Govern- ment, contrary to their assertion, is not governing for Hon. Michael H. Dunkley: No, Mr. Speaker. I think the benefit of all Bermudians? everyone will recall the public meeting that was shut down recently. The Speaker: Premier.

[Inaudible interjection] Hon. Michael H. Dunkley: No, Mr. Speaker. My Statement makes it very clear that we govern for the [Gavel] benefit of all of Bermuda and Bermudians.

[Pause] The Speaker: Yes, supplementary, yes?

Hon. Michael H. Dunkley: Sorry, Mr. Speaker. I think SUPPLEMENTARY everyone will recall the public meeting that was shut down recently. Mr. Diallo V. S. Rabain: Mr. Speaker, would the Pre- mier let us know if he plans to speak to the several The Speaker: Thank you, Premier. thousand people who are assembled outside, since Do you have a supplementary? he speaks for the majority of Bermudians?

Mr. Walter H. Roban: Supplementary. The Speaker: Premier.

The Speaker: A supplementary. Carry on. Hon. Michael H. Dunkley: Mr. Speaker, I am always happy to talk and speak to people. SUPPLEMENTARIES The Speaker: The Chair will recognise the Honour- Mr. Walter H. Roban: Would the Premier not agree able Member from constituency . . . with his Ministers’ calling members of the public “bul- Just a minute. I am going to give one . . . I no- lies” as they freely and democratically expressed their tice some reaction by members in the Gallery. Let me displeasure with his policies not becoming of a Minis- just say that if you sit in the Gallery, it is a privilege ter when it came to immigration policy? and that there should be no reaction to anything that is said in the House. Otherwise, you will be asked to The Speaker: Premier. leave. Now the Chair will recognise the Honourable Hon. Michael H. Dunkley: Mr. Speaker, no. Member from constituency 17, MP Walton Brown.

The Speaker: You have a supplementary? Yes. QUESTION 3: RESPONSE TO ISLAND-WIDE WITHDRAWAL OF LABOUR CAMPAIGN Mr. Walter H. Roban: So the Premier is saying that it is okay for a minister to call the members of the public Mr. Walton Brown: Does the Premier appreciate that bullies? the current position outlined in the Statement, as well as his very terse responses to the questions today, The Speaker: Premier. will only lead to further discontent and expression of such discontent? Hon. Michael H. Dunkley: Mr. Speaker, I will turn that question back and ask, Is it okay for Members of Par- The Speaker: Premier. liament to refer to others as “cockroaches”? Hon. Michael H. Dunkley: Mr. Speaker, I do not The Speaker: You have a supplementary? You have agree with the approach to that question. I have al- a question? ways tried to be understanding, respectful, and toler- The Chair will recognise the Honourable ant at all times, Mr. Speaker. Member from constituency 21 with a question. Yes. The Speaker: Thank you. MP Brown, you have a supplementary? Bermuda House of Assembly Official Hansard Report 11 March 2016 1431

The Speaker: Yes, the second supplementary. SUPPLEMENTARIES Mr. E. David Burt: Supplementary question, Mr. Mr. Walton Brown: Yes. Will the Premier appreciate Speaker. that dialogue rather than intransigence will lead to a better result for all Bermudians? The Speaker: Yes.

The Speaker: Premier? Mr. E. David Burt: Mr. Speaker, the Premier just an- swered yes in response to pulling back from a brink- Hon. Michael H. Dunkley: Yes, Mr. Speaker, and we manship position. Therefore, I will pose the question remain committed to that. to give the Premier another opportunity. Can the Gov- ernment, can the Honourable Premier state whether The Speaker: Yes, Honourable Member Walton or not he will, knowing that brinkmanship will only Brown. cause more unrest—if he will pull back and reconsider his Government’s position in regard to the Bermuda Mr. Walton Brown: Yes. And given the Premier’s re- Immigration and Protection [Amendment] Act? sponse, will the Premier appreciate that genuine and sincere dialogue can only take place when people The Speaker: Premier. step back from brinkmanship positions? Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I The Speaker: Premier. have already answered that question. But let me make it very clear. We are not in a brinkmanship posi- Hon. Michael H. Dunkley: Yes, Mr. Speaker. And we tion. And we also note the level of threats coming from have always been committed to that and remain certain Members on the other side through this whole committed to that. process.

An Hon. Member: Supplementary, Mr. Speaker. The Speaker: The Chair will recognise the Leader. You have a supplementary, Honourable Leader? The Speaker: You have already had your supplemen- taries. Hon. Marc A. R. Bean: Yes, supplementary, Mr. Speaker. Thank you. An Hon. Member: Supplementary. The Speaker: Yes. The Speaker: No, you have already had two supple- mentaries, Honourable Member. SUPPLEMENTARY Yes. The Chair will recognise the Honourable Member from constituency 18. Is this a supplemen- Hon. Marc A. R. Bean: Would the Honourable Pre- tary? mier confirm that the position of his Government is to continue along the Pathway to Status initiative and he Mr. E. David Burt: Supplementary question, Mr. will not withdraw this legislation? Speaker. The Speaker: Premier. The Speaker: Yes, supplementary. Hon. Michael H. Dunkley: Mr. Speaker, I have al- SUPPLEMENTARIES ready answered that question.

Mr. E. David Burt: Mr. Speaker, in the Honourable The Speaker: Yes, supplementary from MP, the Premier’s response just now, he says yes in the ques- Learned Member from constituency 36. tion about pulling back from brinkmanship. Given that the Honourable Premier just said yes, is he prepared SUPPLEMENTARY now to inform this House that his Government will withdraw the Immigration and Protection Amendment Hon. Michael J. Scott: Thank you, Mr. Speaker. Act 2016 so that a consultative process can proceed? Will the Premier confirm that he has received written requests from the main union of this country The Speaker: Honourable Premier. asking that—

Hon. Michael H. Dunkley: Mr. Speaker, I believe I The Speaker: That is a question, Honourable Mem- have already answered that question. ber. That is a question.

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Hon. Michael J. Scott: No, you did not let me finish, says it is our view, then he must have data to support because it is on withdrawing the Bill. his position. So I am going to give the Honourable Premier another opportunity to tell the people of this The Speaker: Oh. Okay, well, get to it then. country and the persons who are listening on the steps of Parliament, what data does he have to sup- Hon. Michael J. Scott: From the BIU [Bermuda In- port the Government’s position that the position of his dustrial Union] requesting—this large party requesting Government is the majority position of the voters of that you withdraw Pathways to Status legislation? this country?

The Speaker: All right. Thanks. The Speaker: Premier. Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I have nothing further to add to what I have I did receive a letter from the President of the already commented on. BIU on, I believe it was Tuesday afternoon. I replied to that letter on Wednesday afternoon, and I have had The Speaker: Yes. The Chair will recognise the Hon- no reply to my letter since that time. ourable Member, MP Burt, for a supplementary.

The Speaker: All right. Thank you, Honourable Pre- Mr. E. David Burt: Mr. Speaker, supplementary ques- mier. tion. The Chair will recognise the Honourable Member, is this your question? The Speaker: Yes.

Mr. E. David Burt: Yes, Mr. Speaker. Thank you very Mr. E. David Burt: Mr. Speaker, I will ask the Hon- much— ourable Premier, how many persons expressing their freedom to assemble and to express disappointment The Speaker: Hold on one second. with their Government will it take for the Premier to realise that his position is not supported by a majority [Pause] of the country?

The Speaker: Yes. Carry on, Honourable Member. The Speaker: Premier.

QUESTION 1: RESPONSE TO ISLAND-WIDE Hon. Michael H. Dunkley: Mr. Speaker, I support the WITHDRAWAL OF LABOUR CAMPAIGN freedom of expression at all times.

Mr. E. David Burt: Thank you very much, Mr. [Laughter] Speaker. Mr. Speaker, I would like to go to the Honour- The Speaker: Thank you. You have had your two able Premier’s Statement where the Honourable Pre- supplementaries. mier said, a majority in support of the proposals. I will pose the question to the Premier and hope that he will Mr. E. David Burt: I am up to my second question. answer with actual data to support it. Can the Premier give us what data he is using The Speaker: Your second question. to state that a majority do support the proposals? Mr. E. David Burt: Thank you very much— The Speaker: Premier. The Speaker: We have someone else who wants a Hon. Michael H. Dunkley: Thank you, Mr. Speaker. supplementary. I have already answered that question earlier. Mr. Jamahl S. Simmons: Supplementary, Mr. Mr. E. David Burt: Supplementary, Mr. Speaker. Speaker.

The Speaker: Yes, yes. The Speaker: The Chair is recognising the Honour- able Member from constituency 33, MP Simmons. SUPPLEMENTARIES SUPPLEMENTARIES Mr. E. David Burt: Mr. Speaker, when asked to re- spond to the data that he has to support that position, Mr. Jamahl S. Simmons: Would the Honourable the Premier said that it was our view. If the Premier Premier answer, if the reason he will not provide this Bermuda House of Assembly Official Hansard Report 11 March 2016 1433 information because he is counting non-Bermudians The Speaker: The Chair will recognise the Honour- as the majority, Mr. Speaker? able Member from constituency 35. MP Lister, you have the floor. The Speaker: Premier? SUPPLEMENTARIES

Hon. Michael H. Dunkley: No, Mr. Speaker, that is Hon. Dennis P. Lister: Thank you, Mr. Speaker. not correct. Mr. Premier, in most of your responses this morning, you refer to the fact that you are listening, Mr. Jamahl S. Simmons: Supplemental, Mr. you are hearing what the people are saying. My ques- Speaker. tion is, Mr. Premier, at what point do your actions speak to what the people are saying to you, or calling The Speaker: Yes. on you to do? Or are you just going to keep listening without any action as a response to what they are re- Mr. Jamahl S. Simmons: Mr. Speaker, the Premier questing of you? needs to answer Parliament and the people, why is he refusing to answer legitimate questions on why they The Speaker: Premier. believe there is a majority of people who support this measure? Thank you, Mr. Speaker. Hon. Michael H. Dunkley: Mr. Speaker, the chal- lenge with that question is, Members on that side do The Speaker: Premier. not agree with this Government’s approach. And I am fine with that, Mr. Speaker. But we were elected to Hon. Michael H. Dunkley: Mr. Speaker, I will con- lead, and that is what we will do for the best interests tinue to answer all of the questions that are given to of all people. me. And I do not consider that question to be some- thing that I will expand on anymore, other than to say The Speaker: Thank you. that this Government is always open and willing to Yes, MP Lister. listen and communicate. I think Honourable Members need to be aware that on issues of importance like Hon. Dennis P. Lister: Supplementary, Mr. Speaker. this, people are always going to have strong positions on both sides. And we are always willing to listen to The Speaker: Yes. those positions. Hon. Dennis P. Lister: The question was not in re- The Speaker: Thank you. gard to the approach from persons on this side of the The Chair will now recognise the Honourable House. The question was in response to persons out- Member from constituency 21. Your second question side of this House, the public who voted us into this or supplementary? House, who in very large numbers are taking actions to speak against the position that your Government is Mr. Rolfe Commissiong: Supplementary. taking.

The Speaker: Yes. Carry on. The Speaker: Premier.

SUPPLEMENTARY Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I will reiterate that we certainly have no prob- Mr. Rolfe Commissiong: Mr. Speaker, will the Pre- lem at any time with people expressing their concerns mier then concede that the glowing numbers dissemi- about issues. And we will continue to foster and de- nated by his Cabinet Ministers, the Attorney General velop an environment where people can do that. That most principally, and one or two others, in the Royal means on these issues that people are going to agree Gazette, which cited glowing levels of support, giving and disagree from time to time. It is our job as a gov- actual numbers, had no basis in fact then? ernment to make those difficult decisions as we turn around the economy that is in bad shape. And it was The Speaker: Premier. in worse shape in 2012.

Hon. Michael H. Dunkley: No, Mr. Speaker. The Speaker: Thank you. The Chair will recognise the Learned Member The Speaker: Supplementary? from constituency 36.

Hon. Dennis P. Lister: Supplementary, yes, Mr. SUPPLEMENTARY Speaker.

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Hon. Michael J. Scott: To the Premier: Mr. Premier, life, from different sectors of our society, so that we are you prepared to accept that this escalating situa- could comprehensively look at immigration that is go- tion will not be good for the economy, as I look at the ing forth for our children and our grandchildren? Minister for the Economy, Dr. Gibbons? It will not be good for tourism, as I look to the Tourism Minister, The Speaker: Premier. who is not in the House? Do you accept that this con- tinued escalation will not be good? And would a re- Hon. Michael H. Dunkley: Yes, Mr. Speaker, that is sponsible government—would a responsible govern- what we have done. That is what we will continue to ment continue to dig in in this way? do. But I will draw back to the public meeting we had which was shut down. The Speaker: Premier. The Speaker: The Chair will recognise the Honour- Hon. Michael H. Dunkley: I think we can all accept, able Member from constituency 29. as I said in my Statement, that it will harm the people of Bermuda. But, Mr. Speaker, responsibility is a two- Hon. Zane J. S. De Silva: Supplementary, Mr. edged instrument. And I think that the Members of the Speaker. Opposition need to focus in very clearly that that is the case. The Speaker: Supplementary, yes.

The Speaker: Thank you, Honourable Member. SUPPLEMENTARY The Chair will recognise the Honourable Member from constituency 16. Hon. Zane J. S. De Silva: Yes. Mr. Premier, you said that your decision was based on being swamped by SUPPLEMENTARIES the people who support this legislation. We are all aware in this House, right here as we sit, that there Mr. Michael A. Weeks: Thank you, Mr. Speaker. are hundreds of people outside who disagree. So, is the Premier willing to concede that when he goes out on the steps and sees the growing Some Hon. Members: Thousands! number of people who are trying to voice their con- cern, are you willing to tell them that their opinion Hon. Zane J. S. De Silva: Thousands who disagree does not matter? with you. Why do you think those whom you have been swamped with who support this legislation are The Speaker: Premier. not out there as well if that is the case?

Hon. Michael H. Dunkley: Mr. Speaker, that question The Speaker: Premier. I do not support in any way. Everyone’s opinion mat- ters, Mr. Speaker. But it does not mean we are going Hon. Michael H. Dunkley: Mr. Speaker, that is a to agree all the time. And if life was a bed of roses, question that the Honourable Member should proba- then we would be smelling them every day of the bly answer himself. People have different ways of ex- week and year, and that is not the case, Mr. Speaker. pressing themselves. And I would be surprised if peo- Let me reiterate. Let me reiterate that this ple who supported the legislation would be out there country faces many challenges. And leadership re- at this time, because they are going about doing what quires tough decisions that are going to please some they have to do, because they have no reason to people and make some people unhappy. We are not come up here and express any opinion. in this position on this side of the House to try to make everybody happy, because if we do that, we will con- The Speaker: Thank you, Honourable Premier. tinue to be broke and will continue to have way too The Chair will recognise the Honourable many people unemployed without opportunity in their Member from constituency 3, MP Foggo. homeland. And that is not acceptable. SUPPLEMENTARY The Speaker: Thank you, Honourable Premier. The Chair will recognise again—another sup- Ms. Lovitta F. Foggo: Since we serve at the will of plementary? MP Weeks, yes. the people, and the will of all people, and that a large majority of the people are not in accord with the pend- Mr. Michael A. Weeks: Yes, Mr. Speaker. ing legislation regarding immigration, will the Premier, Mr. Speaker, well, actually, Mr. Premier, I un- in being a responsive Government, desist from their derstand that everybody’s opinion matters. In this own motion on this legislation and listen to those who situation which is of such importance, would it not be may have very cogent reasons why we should not go better to have a collaborative effort from all walks of forward at this point in time? Will the Premier at least Bermuda House of Assembly Official Hansard Report 11 March 2016 1435 give them that opportunity, since the Government of today was not voted [in] on that mandate? The Speaker: Premier.

The Speaker: Premier. Hon. Michael H. Dunkley: Mr. Speaker, I do not agree with the foundation of that question, because in Hon. Michael H. Dunkley: Mr. Speaker, that question the position that we and Bermuda find ourselves in, is basically a repetition of other questions, and I have the decisions we make are always very difficult. And already answered that. the road ahead is always very uncertain because we live in an fast-paced ever-changing world, and we The Speaker: The Chair will recognise the Honour- need to do what we can to improve the lives of all able Member Burt, from constituency 18. Yes, you Bermudians. have another question? The Speaker: Thank you, Honourable Member. Mr. E. David Burt: Question number two, if I may, Mr. The Chair will recognise the Honourable Speaker. Member from constituency 33. MP Simmons, you have the floor. The Speaker: Yes. SUPPLEMENTARY QUESTION 2: RESPONSE TO ISLAND-WIDE WITHDRAWAL OF LABOUR CAMPAIGN Mr. Jamahl S. Simmons: Thank you, Mr. Speaker. Mr. Speaker, with the Premier’s condemnation Mr. E. David Burt: Mr. Speaker, in the Honourable of racist statements, would he object to the outing of Premier’s Statement, the Honourable Premier said OBA/UBP operatives who have been paid in the past that immigration is an issue that ignites the passions. to post online, attacking black Bermudians? The question that I have to him is, Will the Premier take this opportunity right now to denounce and dis- The Speaker: Premier. avow those of his supporters who have taken to the Internet and to the blogs making demeaning, racist, [Crosstalk] and I would call unacceptable comments towards Bermudians? Hon. Michael H. Dunkley: Mr. Speaker, that question is inappropriate, and I am not sure of the foundation of The Speaker: Premier. why that Honourable Member counts that. I have made it very clear— Hon. Michael H. Dunkley: Mr. Speaker, yes. I do not support comments from anywhere or anybody that are The Speaker: Just hold on a second for me. based on a foundation of hatred and disrespect. I was Honourable Sergeant-at-Arms, will you please standing with an honourable colleague on Wednesday be aware? at the lunch break, and I overheard that honourable colleague being slandered by somebody who walked The Sergeant-at-Arms: Yes, sir. by. So it is a two-way street. And, Mr. Speaker, I think all 36 of us are (I do The Speaker: Carry on. not want to draw you into it)—all 35 of us in this place can lock in hands and say that, as we deal with these Hon. Michael H. Dunkley: Thank you, Mr. Speaker. difficult issues, let us be respectful. There is no place I made it very clear in my answer to the Hon- to tear our brothers and sisters down. So, yes, I sup- ourable Member from constituency 18 just a few mo- port you 100 per cent. ments ago that this Government does not support the approach where people pull other people down. And The Speaker: Yes. The Chair will recognise the Hon- we will work with the Opposition doing all we can. And ourable Member from constituency 36, the Learned I will make this comment right here. I will make this Member Michael Scott. comment right here, Mr. Speaker, that those who want to take that approach, cease and desist! You have SUPPLEMENTARY nothing to add to a debate if you cannot conduct it in an appropriate, factual way. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Premier, is it being responsible as the The Speaker: Thank you, Premier. Leader of the Government of this day, is it being re- The Chair will now recognise MP Burt. Is this sponsible to pursue a path that has unpredictable, your third question? possibly unintended consequences for the entire country? Is it responsible? Bermuda House of Assembly 1436 11 March 2016 Official Hansard Report

Mr. E. David Burt: No, Mr. Speaker. It is a supple- You have a supplementary? mentary. Hon. Zane J. S. De Silva: Second question. The Speaker: It is a supplementary? The Speaker: Oh, your question. All right. Just one SUPPLEMENTARY second.

Mr. E. David Burt: Yes, absolutely, Mr. Speaker. [Pause] Mr. Speaker, in the response that the Hon- ourable Premier just gave, he just said that we would The Speaker: MP De Silva. Okay, MP De Silva. hope that people would refrain from statements that would pull other people down. Then I will ask, why QUESTION 2: RESPONSE TO ISLAND-WIDE would the Honourable Premier feel that it is appropri- WITHDRAWAL OF LABOUR CAMPAIGN ate for his office to issue a statement causing the or- ganisers of what is a mass demonstration, a with- Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. drawal of labour, a vague organisation? Does he not Mr. Premier, on the first page of your State- believe that is pulling people down? ment, second paragraph, you state, No one has dis- puted the need for comprehensive immigration reform. The Speaker: Thank you. Mr. Premier, in light of the growing, overwhelming Premier. concern by the People’s Campaign, the unions, call in shows, concerned people who are outside of this Hon. Michael H. Dunkley: No, Mr. Speaker. House today, the lady and her friends who have camped outside on these grounds for the past three or The Speaker: Thank you. four nights . . . Mr. Premier, for the sake of our people and our country, do you not think it is time to recon- Mr. Jamahl S. Simmons: Supplemental, Mr. sider your position and agree to a joint committee be- Speaker. tween the OBA and the PLP to come up with solutions to this very, very crucial problem that we have in Ber- The Speaker: Yes. The Chair will recognise MP Sim- muda? mons. The Speaker: Premier. SUPPLEMENTARY Hon. Michael H. Dunkley: Mr. Speaker, I believe I Mr. Jamahl S. Simmons: The Honourable Premier have already answered that question. But I am happy did not answer my question. Would the Premier sup- to reiterate that we are always willing to listen and port the outing of OBA Members who are posting rac- consult with people. And I think Minister Fahy made ist comments online anonymously, Mr. Speaker? that clear yesterday.

The Speaker: Premier. The Speaker: Thank you, Premier. Yes, the Chair will recognise MP Weeks. Yes. Hon. Michael H. Dunkley: I support the outing of anyone who does that type of thing. Because no one SUPPLEMENTARY in this House supports that type of approach. Mr. Michael A. Weeks: Thank you, Mr. Speaker. The Speaker: Just a minute. Mr. Premier, if you take a rethink on withdrawing the I see a lady standing. Bill, it would not [make] you or the Government [ap- Honourable . . . [Sergeant-at-Arms]. pear] weak, per se. But it will go a long way in keeping Yes, there is a lady sitting in the front row to the promises you made of being collaborative and there. Will you please ask her to leave the House? listening to the will of the people. Because all those The lady who is blonde. She is blonde. people out on the steps must be listened to, because they are the backbone of our country, Mr. Speaker. [Pause while the Sergeant-at-Arms removed a Thank you. stranger from the visitors’ Gallery.] So the question is—

The Speaker: Yes. Carry on, please, with the answer Hon. Michael H. Dunkley: Yes, I was waiting for that. to MP Simmons’s question. Did you answer that ques- tion? You did, yes. [Laughter] All right. Would any other Honourable Mem- ber care to speak? Bermuda House of Assembly Official Hansard Report 11 March 2016 1437

Mr. Michael A. Weeks: So would the Premier con- that governments must govern based on the man- sider at least listening to the will of the people, based dates of the people whom they govern, can the Hon- on the promises you gave coming into office? ourable Premier please state, based on what expres- sion of consent from the people or the electorate of The Speaker: Premier. this country does he feel that his Government has a mandate to enact Pathways to Status? Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Another repetition. And yes, we will continue The Speaker: Premier. to listen. Hon. Michael H. Dunkley: Mr. Speaker, I will repeat The Speaker: Thank you, Premier. again for Honourable Members who need some more The Chair will now recognise MP Burt. clarity. Governments are elected to lead. During the course of the time in office between any elections, SUPPLEMENTARY there are many very difficult decisions to make. And the Government is required to make them. And that is Mr. E. David Burt: This is my second supplementary what we will do to go forward. on my second question, Mr. Speaker. The Speaker: Thank you, Honourable Member. The Speaker: Yes. Yes, you have a supplementary, Honourable Member? Mr. E. David Burt: Thank you very much, Mr. Speaker. Ms. Kim N. Wilson: Yes, yes. In the early response, the Honourable Premier said that he has no problem with people expressing The Speaker: Yes. The Chair will recognise the their opinion. Can the Honourable Premier please give Learned Member from constituency 34, MP Wilson. us the justification between making that statement and then branding the actions of those people who were Ms. Kim N. Wilson: Thank you. Thank you, Mr. expressing their rights under the Constitution as ille- Speaker. Supplemental. gal? The Speaker: Yes. The Speaker: Premier. SUPPLEMENTARY Hon. Michael H. Dunkley: Mr. Speaker, I am not sure which rights under the Constitution the Honourable Ms. Kim N. Wilson: Can the Honourable Premier Member believes I need to clarify. confirm to us and the listening audience that the man- date of the Government is (quote) “that it is how we The Speaker: Thank you. will continue moving this Government forward,” as it is Yes, you have had your two. Do you have stated on page 3 but then wiped out and inked out in question three? ink. I will ask the question more clearly: That the Mr. E. David Burt: I will go to question number three, mandate of this Government is to continue moving Mr. Speaker. this Government forward?

The Speaker: Okay. Yes. The Speaker: Premier.

Mr. E. David Burt: Because if the Honourable Pre- Hon. Michael H. Dunkley: No, Mr. Speaker. Moving mier of this country is not aware of section 10 of our this country forward. own Constitution, then we clearly have an issue. Mr. Speaker, I will go on to question number The Speaker: Thank you. three. MP Burt.

The Speaker: Yes. Mr. E. David Burt: Supplementary, Mr. Speaker.

QUESTION 3: RESPONSE TO ISLAND-WIDE The Speaker: Supplementary, yes. WITHDRAWAL OF LABOUR CAMPAIGN SUPPLEMENTARY Mr. E. David Burt: Question number three is, going again back to the majority do support the proposals, I Mr. E. David Burt: Mr. Speaker, the Honourable will ask the Honourable Premier this: Given the fact Premier said that he gave a response, talking about Bermuda House of Assembly 1438 11 March 2016 Official Hansard Report over the course of the election, over the course of the Government’s term in office. I ask a very specific [Crosstalk] question: What does this Government feel gave his Government the mandate to enact Pathways to The Speaker: Honourable Member. Status? A mandate comes from the people of this country. The Honourable Premier, never . . . his Gov- QUESTION 1: RESPONSE TO ISLAND-WIDE ernment disavowed granting of status before the elec- WITHDRAWAL OF LABOUR CAMPAIGN tion. The question that I have is, What mandate is he claiming now to enact this Bill? Ms. Kim N. Wilson: Thank you, Mr. Speaker. Question: Mr. Speaker, could the Honourable The Speaker: Premier. Premier answer the following questions insofar as, would he agree that some of the inequities that con- Hon. Michael H. Dunkley: Thank you, Mr. Speaker. tinue to exist in our society relate to issues of immigra- Mr. Speaker, I have already answered that tion and race? question. The Speaker: Premier. The Speaker: Thank you. The Chair will recognise the Leader of the Hon. Michael H. Dunkley: Mr. Speaker, I am not sure Opposition. exactly what the Honourable Member is looking at. But there are obviously challenges within Immigration Hon. Marc A. R. Bean: Thank you, Mr. Speaker. that we have talked about here. And I believe there is a motion on the agenda to discuss one of those is- The Speaker: Is this a question or a supplementary? sues in regards to a liveable wage.

Hon. Marc A. R. Bean: This is, I believe, my second The Speaker: Thank you. question, Mr. Speaker. Ms. Kim N. Wilson: Supplementary, Mr. Speaker. The Speaker: Let us see. Just a minute, Member. The Speaker: Yes. Hon. Marc A. R. Bean: Because I led off. SUPPLEMENTARY The Speaker: Yes. That is true. It is your second question. Ms. Kim N. Wilson: Perhaps I can reword the ques- tion so that I can have an answer. In the Statement, QUESTION 2: RESPONSE TO ISLAND-WIDE and I quote, “No one has disputed the need to ad- WITHDRAWAL OF LABOUR CAMPAIGN dress the inequities that continue to exist in our soci- ety [today].” These are the words of the Honourable Hon. Marc A. R. Bean: Thank you, Mr. Speaker. Premier. I would ask him to confirm, what are the in- Mr. Speaker, will the Honourable Premier con- equities that exist in our society to which the Honour- firm, as a result of their entrenched position regarding able Premier and the Government are referring to? Pathways to Status, and [since] there is the fact that the One Bermuda Alliance Government has not re- The Speaker: Premier. ceived a mandate from the people of this country to pursue this path, is the Premier now prepared to ac- Hon. Michael H. Dunkley: Mr. Speaker, I will answer cept the consequences of the Government’s position that question again, and I will give another example in whereas the people now will require by force a man- regards to the motion that the Honourable Member date via the ballot box and the general election? brought to this House and my honourable colleague, the Junior Minister, amended last week about the in- The Speaker: Premier. equities that women face in our society.

Hon. Michael H. Dunkley: No, Mr. Speaker. The The Speaker: Thank you. Thank you, Premier. election will be called at the appropriate time. The Chair will now recognise the Member from constituency 18, MP Burt. Hon. Marc A. R. Bean: Oh, yes, it will. Mr. E. David Burt: Thank you very much, Mr. The Speaker: All right. All right. Thank you. Speaker. Mr. Speaker, I have a supplementary to the Do you have a supplementary? Honourable Opposition Leader’s second question.

Ms. Kim N. Wilson: I have a question, Mr. Speaker. The Speaker: Yes. Yes. Bermuda House of Assembly Official Hansard Report 11 March 2016 1439

of the House would like to see any type of violence or SUPPLEMENTARY escalation of unrest. However, the actions of the Pre- mier’s Government are what is leading to this contin- Mr. E. David Burt: My supplementary is to the Hon- ued escalation. ourable Premier: What will it take for the Honourable Premier and his Government to reconsider their posi- [Inaudible interjection] tion, which has caused unprecedented unrest inside of this country, a withdrawal of labour that we have Mr. E. David Burt: Therefore, I will ask the Premier, not seen for 35 years? What will it take for the Hon- given that he has already admitted that his Govern- ourable Premier to change his Government’s posi- ment does not have the mandate of the people for this tion? particular action, if he will consider seeking that man- date from the people if he is certain the majority of the The Speaker: Premier. people of this country support his position.

Hon. Michael H. Dunkley: Mr. Speaker, Honourable The Speaker: Thank you, Honourable Member. Members on that side like to amplify their comments. And I do not support those comments. I will repeat Hon. Michael H. Dunkley: Mr. Speaker, I disagree what I have said a number of times during the ques- with the substance to that question. So there is no tion period. We will continue to listen to people. We answer to give. will continue to take on board their concerns. But we must make decisions to move this country forward. The Speaker: Thank you, Honourable Premier. And we believe this is the right approach. Honourable Members, that brings us to the And the escalation of the tensions that people close of question period. Our time is up. Thank you, might feel and the emotions they might have? It is up Honourable Members. to all of us in the community to make sure that we lis- ten and we also work to make sure that they do not CONGRATULATORY AND/OR OBITUARY amplify it in any way. Because, Mr. Speaker, it does SPEECHES not do the country or the people any good to go to that point. And the Opposition need to support that ap- The Speaker: The Chair will recognise the Honour- proach of responsibility going forward. able Dr. Gibbons, the Minister of Economic Develop- ment. The Speaker: Thank you, Premier. Yes, the Chair will recognise the Honourable Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Member from constituency 35. Speaker, and good morning.

SUPPLEMENTARY The Speaker: Good morning.

Thank you, Mr. Speaker. Hon. Dennis P. Lister: Dr. the Hon. E. Grant Gibbons: Mr. Speaker, a num- Mr. Premier, in light of your comments, can ber of Members of this House, including the Premier, you confirm then that it is your intent, your Govern- some of my colleagues and certainly a numbers of the ment’s intent, to proceed with debating this issue on Opposition had the pleasure of attending the opening Monday? ceremony yesterday of the 130th session of the Ber- muda Annual Conference for the African Methodist The Speaker: Honourable Premier. Episcopal Church. And probably all Members would like to send congratulations to the Bishop, Bishop In- Hon. Michael H. Dunkley: Yes, Mr. Speaker. gram, and all those who are providing leadership at this point in the 130th session. I would ask that the The Speaker: Yes, MP Burt. House do so. Thank you, Mr. Speaker.

My second supplementary. Mr. E. David Burt: The Speaker: Thank you, Honourable Member. The Chair will now recognise the . . . are you The Speaker: Second supplementary. standing up, MP?

SUPPLEMENTARY Ms. Lovitta F. Foggo: I am sorry, Mr. Speaker.

Thank you, Mr. Speaker. Mr. E. David Burt: The Speaker: The Chair will recognise the Honour- Mr. Speaker, I would like to make it abun- able Member Jeff Sousa. dantly clear, in case the Honourable Premier is [con- cerned] for whatever reason, that nobody on this side Bermuda House of Assembly 1440 11 March 2016 Official Hansard Report

Mr. Jeff Sousa: Good morning, Mr. Speaker, col- ery happens to be the owner of Salon Pink, and I leagues and those in the listening audience. would like to associate . . . I think this side of the Gov- This morning I rise to congratulate my ernment would like to recognise Salon Pink and their neighbour, Rees Fletcher, on his retirement from achievements. But, Mr. Speaker, the reason I have ACE. Actually, he has been the Chairman of Chubb stood to my feet today is to recognise Megan. Megan Bermuda recently, and he will be retiring at the end of graduated from Mount Saint Agnes a few years ago. this month. Rees Fletcher started his career, or I And during the process, or prior to her graduation, she should say his employment, at ACE 27 years ago and did an apprenticeship at Salon Pink. Salon Pink is re- actually was the 21st employee at that company. And nowned in Bermuda for taking on young women and along the way, he has encouraged and assisted many young men as apprentices to help them in their en- Bermudians to work with this organisation, this busi- deavours to help beautify the women and men of ness, which has done very well in Bermuda and has Bermuda. benefited many Bermudians. So I want to wish him Now, Mr. Speaker, after Salon Pink’s man- much success in the future. I would like to associate agement assisted Megan in achieving the application MP Cole Simons and MP . . . actually, I would like to for the government bursary, which helped to pay for associate the entire House on this side. I would like to her UK experience and her training, Megan, after a associate the entire team on this side because there year in London, which was after, of course, graduating is no one on the other side in their seats. So, Mr. from Mount Saint Agnes (then doing a year in Lon- Speaker, I wish him well in his retirement and would don), has finally returned back to Bermuda. And, Mr. like to thank him for the service that he has done to Speaker, that says a lot for our young people. And it is international business in Bermuda. Thank you, Mr. up to the whole community to come out and continue Speaker. to support each other in our own personal endeav- ours. And for that, Mr. Speaker, we recognise both The Speaker: Thank you, Honourable Member. Salon Pink and, of course, young Bermudians who The Chair will recognise the Honourable come back to show their talents and to help us. Thank Member from constituency 2, Nandi Outerbridge. you, Mr. Speaker.

Ms. Nandi Outerbridge: Thank you, Mr. Speaker. The Speaker: All right. Thank you, Honourable Mem- Mr. Speaker, I rise just to send congratula- ber. tions to the graduates from the Dare2Be programme. Would any other Honourable Member care to This was a programme that was formerly known as speak? the Community Driven Development Programme that The Chair will recognise the Honourable and started under the One Bermuda Alliance Government. Learned Attorney General. And I would like to associate both the Minister of Edu- cation and the Minister of Community, Culture and Hon. Trevor G. Moniz: Thank you, Mr. Speaker. Sports because they were both present—well, the I rise to give congratulations to the Vasco Da Minister of Community, Culture and Sports was pre- Gama Club. Vasco Da Gama took the initiative to in- sent for the graduation. These young women actually vite the Government to an information session last went through this cycle and went through job proc- night on Pathways to Status. It was attended by my- esses, learning how to apply for jobs. I was lucky self; the Minister of Home Affairs, Michael Fahy; and enough to meet with most of them throughout the year the Junior Minister, Sylvan Richards. And we gave a and talk with them. And they were in great spirits. So presentation there on Pathways to Status to a packed at this time, I just want to send them congratulations crowd at the Vasco Da Gama Club, I would estimate on completing that programme this year. between 150 and 200 people in the club last night. It was very sad that the club saw the neces- The Speaker: Thank you, Honourable Member. sity to have some sort of police protection for a public The Chair will now recognise the Honourable meeting in Bermuda, that the encouragement by peo- Member from constituency 4. MP Roberts-Holshouser, ple in the community, including Members of the Op- you have the floor. position, to civil disobedience has put people in fear of their safety and their lives to the point that we had to Mrs. Suzann Roberts-Holshouser: Thank you, Mr. have police there. But nevertheless, the club were Speaker, and good morning. brave enough to have that meeting. And it was a very informative session. The large majority of people there The Speaker: Good morning. were of Portuguese descent, Portuguese nationals. But there was also a sprinkling in there of people of Mrs. Suzann Roberts-Holshouser: I would like for English descent. There were some people, I believe, the House to recognise the achievements of two dif- of Indian descent, some West Indians there as well. ferent individuals. One of them is Meagan Teixiera, There were also Filipinos there. It was a very interest- and the other one is Kidist “Pinky” Emery. Pinky Em- Bermuda House of Assembly Official Hansard Report 11 March 2016 1441 ing cross-section. And we not only gave a presenta- tion, but we also took questions. MATTERS OF PRIVILEGE And we also heard heart-wrenching stories of children who are now adults who were born here, The Speaker: There are none. raised their whole life in Bermuda, know no other place, and are really at their wits’ end. And I had to PERSONAL EXPLANATIONS relate to the people there that when I have spoken to people, whether they be Members of the Opposition, The Speaker: There are none. whether it be leaders of the unions, you know, when I put the question to them, Do you accept the human NOTICE OF MOTIONS FOR THE rights of people who have lived here for 20 years— ADJOURNMENT OF THE HOUSE The Speaker: Honourable Member, we are not here ON MATTERS OF URGENT for speeches. PUBLIC IMPORTANCE

Hon. Trevor G. Moniz: I understand that, but no one The Speaker: There are none. has ever disagreed with that. I have always received full support from, whether they are Members of the INTRODUCTION OF BILLS Opposition, whether they are union leaders, for these people’s rights. And to have to go and hear these The Speaker: There are no Bills. heart-wrenching stories and to have people in fear of their lives to even have a public meeting is a sad, sad NOTICES OF MOTIONS day for Bermuda. And I say that to congratulate the Vasco Da Gama Club for putting on that meeting. It was adjourned once, sadly, but we had the meeting The Speaker: There are none. last night. It was well attended. And I encouraged them, and I encourage other groups to have that ORDERS OF THE DAY same courage and not to continue to be fearful as, unfortunately, some groups have been. Thank you, The Speaker: Thank you, Madam Clerk. Mr. Speaker. The Chair will recognise the Honourable Min- ister of Finance. The Speaker: Thank you, thank you, Attorney Gen- eral. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. The Chair will now recognise the Honourable Mr. Speaker, I move that the House do now Member from constituency 14, MP Glen Smith. resume the Committee of Supply to consider the Es- timates for 2016/17. Mr. Glen Smith: Thank you, and good morning, Mr. Speaker and the listening audience. The Speaker: Thank you. I rise today to send congratulations to the Ar- Are there any objections to that? temis team. Last week Friday, I believe it was, they There are none, so I would like to ask that the had their official opening of their new facility in Mor- MP Dennis Lister please take the Chair [of Commit- gan’s Point. And when the Honourable Minister from tee]. Economic Development first announced that the America’s Cup would be coming to Bermuda, he laid House in Committee at 11:14 am out the various different venues that would be built, particularly the one that went up first in Dockyard for [Hon. Dennis P. Lister, Chairman] Oracle. But truly, here is an entity that is putting bricks and mortar in Bermuda. They have literally built a fa- COMMITTEE OF SUPPLY cility, hired numerous Bermudians, rented numerous homes, and have brought their families to Bermuda. ESTIMATES OF REVENUE AND EXPENDITURES So, I rise to congratulate them. I also would FOR THE YEAR 2016/17 like to associate the Minister of Economic Develop- ment and the Premier on this great cause. Thank you. The Chairman: Good morning, Members. We are now in the Committee of Supply. For our listening au- The Speaker: Thank you, Honourable Member. dience, the heads to be debated this morning are Would any other Honourable Member care to Heads 83, 6, 7, 13, 25, 45, and 88, and they fall under speak? the Ministry of National Security Headquarters, De- That concludes congratulatory and/or obituary fence, Police. Post Office, Department of Corrections, speeches. Fire Services, and National Drug Control. Bermuda House of Assembly 1442 11 March 2016 Official Hansard Report

The Premier will lead off on these debates. $29,000. Communications is reduced from $11,000 to Premier, you have the floor. $9,000. Materials and supplies is reduced from $29,000 to $17,000. Hon. Michael H. Dunkley: Thank you, Mr. Chairman. During Fiscal Year 2015/16, the Ministry of Mr. Chairman, as you said, I am pleased to National Security Headquarters has led the following move the relevant heads here, 83, 6, 7, 13, 25, 45 and policy initiatives: 88. • Amendments to the Defence Act 1965 and the Mr. Chairman, since there is no one in the Junior Leaders Act; Opposition, maybe I should just move them and we • Consultative phase of the Fire Safety Act, can move on to Tourism and Transport. since no one which was recently passed in these Cham- wants to hear this debate. bers; Mr. Chairman? • Development of the policy surrounding the Regiment’s assumption of the inshore mari- [Pause] time patrolling role; • The extension of the GREAT programme in- HEAD 83—MINISTRY OF NATIONAL SECURITY struction to additional uniformed services; HEADQUARTERS • The management of the electronic monitoring device contract; Hon. Michael H. Dunkley: But I will continue on. • Coordination of the Cash Back for Communi- Ministry of National Security. Honourable ties grant initiative providing proceeds of Members, I am pleased to present the current ac- crime from the confiscated assets fund to go counts for the Ministry of National Security Headquar- into community organisations. ters, Head 83, which can be found starting on page B- 62 and finishing on page B-64 of the Estimates and Mr. Chairman, in the coming fiscal year, one Revenue book. of the Ministry’s principal projects will be to develop an Mr. Chairman, the mission of the Ministry of RFP for the provision of joined-up radio service for all National Security Headquarters is to protect and en- uniformed services. This significant project will allow hance the welfare of our community effectively, effi- services to communicate more effectively, using uni- ciently, and equitably. The Ministry’s departmental form equipment, and realise economies of scale in objectives are to direct policy implementation and to maintenance and supply. Additionally, a platform will oversee programme management and departmental be created that can be extended to other areas within operations within the Ministry. These include, but are Government, including Parks and divisions of the Min- not limited to, providing leadership, oversight, and co- istry of Public Works. ordination of the Department of National Drug Control, Honourable Members will recall this Govern- the Department of Corrections, HM Customs, the ment’s undertaking to post a senior police officer Bermuda Post Office, and the Bermuda Fire and Res- within the Ministry Headquarters to be Bermuda’s na- cue Service. tional disaster coordinator and major event plan- Mr. Chairman, the Ministry also facilitates de- ner/advisor. Inspector Stephen Cosham is the officer, livery of the policing strategy of the Bermuda Police and he is fully engaged in the development of and Service and promotes the role of the Bermuda Regi- revisions to Bermuda’s plans for natural and man- ment. The Parole Board, the Treatment of Offenders made disasters. Already, Mr. Chairman, he is working Board, and the Police Complaints Authority also fall with the organisers of the Bermuda Heroes Weekend under the Ministry of National Security Headquarters’ to ensure that event is safely delivered for the enjoy- remit. The Ministry of National Security Headquarters ment of all people. budget allocation is $1,297,000 for 2016/17 and That completes the presentation of Head 83. represents a decrease of $63,000, or 5 per cent over the 2015/16 budget allocation. This decrease meets HEAD 6—DEFENCE the mandated current account reduction set by the Ministry of Finance. Hon. Michael H. Dunkley: I turn now to Head 6, De- Mr. Chairman, the Ministry of National Secu- fence. Mr. Chairman, Head 6 comprises the Royal rity Headquarters has seven full-time staff members. Bermuda Regiment. The Royal Bermuda Regiment— Salary costs of $735,000 have remain fixed through- this is the first time we have managed to say that in out the preceding two fiscal years. Board and com- this Budget Debate, Mr. Chairman. That can be found mission fees included in professional services have starting on page B-265. The Regiment’s role is to pro- decreased from $460,000 to $452,000, or 2 per cent. vide operational capacity to support the civil authority. Mr. Chairman, the following items should be It performs a number of critical functions including noted in this fiscal year: Local training remains at natural and man-made disaster relief, internal secu- $1,000. Travel is reduced from $51,000 to $36,000. rity, state ceremonial activity, routine and specialist Advertising and Promotion is reduced from $50,000 to support to the Bermuda Police Service, military train- Bermuda House of Assembly Official Hansard Report 11 March 2016 1443 ing, social cohesion, and youth development. The Lieutenant Colonel Foster-Brown, for his service over primary legislation affecting the departments are the the past three years. Defence Act 1965 (most recently amended in 2015); Cost centre 16020, Quartermaster. Mr. the Royal Bermuda Regiment Governor’s Orders Chairman, the Quartermaster’s Department provides 2015; His Excellency’s Directive to the Commanding all material and logistic supply to the Regiment. All Officer, dated July 2009; the Bermuda Volunteer (Re- procurement is funded through this cost centre. In ad- serve Force) Act 1939; and the Royal Bermuda Regi- dition, this department is responsible for the mainte- ment Junior Leaders Act 2015. nance of all military assets, from buildings to weap- Under the authority of the Defence Act, Mr. ons. Of note, in August 2015, the Regiment replaced Chairman, the Royal Bermuda Regiment’s mandate is its ageing weapons system at no cost to the Bermuda to be the military force maintaining the necessary taxpayer, with the kind gifting of 400 SA80 A2 weap- standards of manpower, training, and equipment to ons by the UK Ministry of Defence. Mr. Chairman, I enable it to perform its assigned roles efficiently and had the opportunity to see them on parade with our effectively. The Regiment is continuously training to soldiers in the Regiment. And they are a great im- remain at a state of readiness in order to accomplish provement as far as a weapon goes, but somewhat its important missions and tasks. more difficult to parade with, Mr. Chairman. There are Mr. Chairman, the mission and roles of the nine full-time staff paid in this cost centre, including Regiment were confirmed by the formal reviews in one civilian. 2000, 2006, and 2014. To support the mission state- Cost centre 16030, Ceremonial. Mr. Chair- ment, there are four main roles: man, the Bermuda Regiment Band and Corps of a) To provide regimental assistance to the civil Drums, along with Guards of Honour provided by authority; C Company, will continue to perform during parades b) To provide regimental assistance to the civil and state occasions that are expected and enjoyed by power; our visitors and residents. There are two full-time staff c) To provide regimental assistance to Ber- in this cost centre, which also captures costs associ- mudian society; and ated with routine state ceremonial occasions including d) to provide regimental assistance to the inter- • Beating Retreat Ceremonies, which are held national community. from April through October; • The Queen’s Birthday Parade in June; Mr. Chairman, the total funding for the Royal • The Convening of the Legislature in Novem- Bermuda Regiment for the coming year is $7,085,937, ber or whenever ordered; and an increase of $137,881. This new cash limit repre- • The Remembrance Day Ceremony, in No- sents an increase of 1.98 per cent. The extra funding, vember as well. in spite of cuts elsewhere, is to support the transfer to an all-volunteer force, and training for the band. The costs of various community-supported ac- Mr. Chairman, cost centre 16000, Defence tivities carried out by the band in Bermuda throughout Services, manages the processes for registering, se- the year are also reflected in this cost centre. These lecting, calling-up, and deferral from service of Ber- include leading the Bermuda Day Parade, performing mudian men. Recruitment provides the administrative at the annual Senior Citizens Tea, performing in sup- support and services to Regimental Headquarters, the port of Recruit Camp, performances at the request of Defence Board, Defence Exemption Tribunal, De- community organisations such as the Bermuda Inter- fence Promotions Board, and Defence Medical Board. national Business Association [BIBA], supporting the Financial support and budget control round out this Department of Tourism and convention groups, and cost centre’s responsibility. There are three full-time last year supporting the Regiment’s 50th anniversary staff paid in this cost centre, and two are civilian. celebrations with the spectacular Tattoo at Dockyard Cost centre 16010, Regimental Headquarters. in October 2015. Mr. Chairman, all command and control functions and Mr. Chairman, I would like to take this mo- associated costs are collated in this cost centre. All ment to congratulate the Organising Committee, spe- administrative and policy functions in support of mili- cifically the Permanent Secretary of National Security, tary activities (less logistics) are funded through this Major Marc Telemaque, for a fantastic job in organis- cost centre, which also includes seven full-time staff th ing and making sure it came off seamlessly, and also members. On the February 27 of this year, Mr. commend Major Telemaque for his dulcet tones Chairman, command of the Regiment returned to a throughout the days when the Tattoo ran. We enjoyed Bermudian. And I would like to take this opportunity to our time up there, and certainly I enjoyed his dulcet congratulate Commanding Officer, Lieutenant Colonel tones with a splash of humour. Curley, on his appointment and wish him all the best in all the work that he will do for the Regiment and [Inaudible interjections and laughter] people of Bermuda. I would like to also take this op- portunity to thank the former Commanding Officer, Bermuda House of Assembly 1444 11 March 2016 Official Hansard Report

Hon. Michael H. Dunkley: No, some of us are embar- skills that may be required for operations in Bermuda, rassed when we sing. But some sing quite well. whilst also ensuring the Regiment conforms to mod- ern military best practice. The cost centre is for the [Laughter] continuation training, additional training, and special training of all officers and non-commissioned officers Hon. Michael H. Dunkley: Cost centre 16040, Local both locally and overseas throughout the training year. Training. Mr. Chairman, this funding is for the local Depending on the availability of personnel, the Regi- training costs of all part-time personnel in A, C, and ment sends up to 15 officers, warrant officers, senior Support Companies for the training throughout the NCOs or potential officers to the UK, USA, Canada, or year. Training begins with the annual two-week Re- Jamaica to attend a variety of military skills or military cruit Camp and then continues throughout the year via knowledge courses. Subject to available funds, in pre- drill nights and weekend camps, and consumes ap- vious years the Regiment facilitated volunteers to par- proximately a further 14 man-days of time per soldier ticipate in various camps and exercises organised by per year. The number of training days has decreased affiliated units such as the Royal since 2008/09, proportionally with the reduced budget and what can be done. Anglian Regiment. In 2015, Mr. Chairman, two indi- The training commitment is higher for senior viduals deployed to train in Belize for three weeks, ranks and, of course, for specialist capabilities. Costs whilst USNORTHCOM [U.S. Northern Command], as associated with the Junior Non-Commissioned Offi- result of a new affiliation, sponsored a number of cers Cadre are included. This concentrates on devel- courses abroad at no cost (less wages) to the Regi- oping leaders and managers, which is critical to any ment. organisation. Those who complete this course go on Personnel—Mr. Chairman, the Bermuda to become non-commissioned officers in the Regi- Regiment currently employs 30 full-time staff, of which ment. Many soldiers also find that their employers re- all but three are military personnel. The three civilian ward their enhanced skills in the civilian workplace. staff are employed in the administration of recruitment This year, personnel on the cadre will attend their Bat- and accounts payable, and grounds maintenance at tle Camp in April–May 2016, along with the remainder the Warwick Camp. of the Regiment (less C Company and elements of Due to historic reductions in cash limits since Support Company) as they travel to Jamaica. There 2008/09, the total strength of the Regiment is being are seven full-time staff paid in this cost centre. held at just over 420 full-time and part-time personnel. Cost centre 16060, Bermuda Regiment Junior Wages are the Regiment’s greatest expenditure. Leaders. Mr. Chairman, this cost centre has been de- Output measures and objectives—Mr. Chair- funded following budget cuts over the past year, but man, the Regiment successfully completed its prepa- this very important youth development programme rations for the past hurricane season. In October, the continues to operate effectively with charitable sup- Regiment led and participated in the annual Joint Ser- port. The part-time adult staff leads the work with the vices Exercise, Joint Venture 15. The exercise, con- support of parental and other contributions. As part of ducted with other agencies, had an internal security the update to defence legislation in December 2015, it theme, and included 200 soldiers and over 30 police received its own dedicated Royal Bermuda Regiment officers. Junior Leaders Act. Mr. Chairman, the Government Major achievements—Mr. Chairman, in 2015: will continue to support this programme and look at • the Regiment again demonstrated its enduring how to provide funding to continue the work of our utility and relevance in October 2015 when Junior Leaders. 120 soldiers were deployed for Hurricane Cost centre 16075, Overseas Camp. Mr. Joaquin and helped clear 16 obstacles across Chairman, this cost centre captures the costs associ- the Island; ated with taking approximately 220 personnel over- • earlier the same month, Mr. Chairman, over seas for a mandated 14-day camp annually. Signifi- 90 soldiers were committed to support the cant items of expenditure within this cost centre in- World Series sailing event in Hamilton with clude the cost of the aircraft charter, soldiers’ camp security, marshalling, and ceremonial duties; pay, and the provision of all resources to facilitate and • whilst in January 2016, the Regiment support this training. In April 2016, the Regiment will achieved the first-ever all-volunteer Recruit deploy to Jamaica to undergo its annual training. The Camp, with a record high level of 66 volun- overseas camp is, of course, essential, as you know, teers forming two platoons, 16 volunteers of Mr. Chairman, in order to conduct training not possible which were female. This exceeded the target on the Island and to help ensure the Regiment always set and was in line with the Government’s keeps pace with international best practice. commitment to phase out conscription, as ar- Cost centre 16080, Courses and Attachments. ticulated in paragraph (4) of the new Defence Mr. Chairman, overseas courses offer an opportunity Act passed in this Honourable Chamber in to acquire specialised skills and to maintain those 2015. The historic all-volunteer recruit camp is Bermuda House of Assembly Official Hansard Report 11 March 2016 1445

possible due to high retention rates, meaning Hon. Michael H. Dunkley: I was one of the many who fewer recruits were required to maintain num- was a volunteer in the Bermuda Fire and Rescue Ser- bers. I might add, Mr. Chairman, that sceptics vice, which I am coming to later. I am pleased to see talked against this way forward, and we are that the Honourable Opposition has decided to debate delighted that the Regiment command has the Bermuda Fire and Rescue Service. So, Mr. made it happen. And we look forward to con- Chairman, thank you for that question. tinued success in future years; Our young (and not-so-young) have been an- • the proposal for a lead Regiment marine role swering the call of service in even greater numbers has been discussed for over 25 years and and voting with their feet. As a result of their reward- was one of the key recommendations in the ing experience and the benefits of regimental service, February 2014 National Security and Defence individuals have been volunteering to join and serve in Review. A detailed submission was made in record numbers, to the extent that conscription was July 2014, and Cabinet met on the 12th of not actually required in 2016. Notwithstanding this January 2016 with a view to moving forward historic success, the utility of the Regiment is set to this long-standing recommendation and po- expand even further when Cabinet takes forward the tentially achieving the transfer by May 2017, lead regimental maritime role prior to the America’s before the America’s Cup. Specifically, Mr. Cup in 2017. And the Bermuda Fire and Rescue Ser- Chairman, an option which proposes an addi- vice are exploring the possibility of soldiers being tional 14 full-time staff, a budget of just under trained as auxiliary firefighters, whilst in 2017, the $1.7 million (against the current police budget Regiment is preparing to support the America’s Cup of about $1.25 million for a similar task) would with a regimental deployment instead of its normal also provide a 200 per cent increase over the overseas training programme. Mr. Chairman, the existing marine police coverage. This role has Regiment is thus well set to provide valuable service been discussed for 25 years, but is now being as it moves to its second half-century and will con- actioned and, it is safe to say, will significantly tinue to receive strong support from this Government. enhance the capability of our maritime nation; Mr. Chairman, I would like to take this oppor- • the Regiment continues to work closely with tunity, as I close that head, to thank the leaders of the the Bermuda Police Service, including with Regiment for their commitment over the past number the Joint Service Explosive Ordnance Team, of years. I have had the pleasure of attending Passing and has started the training of selected sol- Out parades and various other events that took place diers trained as time-bound special consta- in the Regiment. And there is a strong spirit within the bles; Regiment, with people being trained at the highest • the Regiment celebrated its 50th anniversary levels. And it is gratifying to see young men and on the 1st of September last year, with 22 women getting involved and serving their country with events including two Freedom Parades, enthusiasm and zeal. Trooping of the Colour, the Tattoo in Dock- yard, and a Royal visit. HEAD 7—BERMUDA POLICE SERVICE

Mr. Chairman, the Royal Bermuda Regiment Hon. Michael H. Dunkley: Mr. Chairman, I will now received the accolade of the Royal title for long and turn my attention to Head 7, the Bermuda Police Ser- distinguished service as part of its 50th anniversary. It vice, which can be found on pages B-270 to B-274 of has been embodied, on average, every other year the Estimates of Revenue and Expenditure. Mr. during its 50-year history and again demonstrated its Chairman, the mission statement of the Bermuda Po- enduring relevance in the last 12 months with hurri- lice Service is Making Bermuda Safer by engaging in cane and disaster relief following Hurricane Gonzalo three priority areas of operations: and support to the World Series. It has also raised the • tackling crime and antisocial behaviour; profile of Bermuda with the Tattoo in October, demon- • engaging with the community; strating, if proof were actually needed, Mr. Chairman, • making the roads safer. that Bermuda can stage world-class events. Over 9,000 Bermudians have been issued Mr. Chairman, the Bermuda Police Service regimental numbers, demonstrating the reach and the [BPS] continues to operate in austere times, along significance of the Regiment. It plays a vital role in the with all other sectors of our community, meaning that life, safety, and unity of our country. The values it resources must be used and deployed strategically. It stands for, duty and service, are the values that help is important for the police to be sharply focused on the make Bermuda strong. things that present the most significant threats to pub- lic safety in Bermuda and those things that most im- [Inaudible interjection] pact on the feeling of community confidence in the police to keep us safe. To that end, the police have

Bermuda House of Assembly 1446 11 March 2016 Official Hansard Report committed to the following priorities for the next fiscal ships at the neighbourhood level are strong and en- year: during. Tackling crime and antisocial behaviour—the Strong enforcement must be complemented escalation of gang tensions during the past five years by strong education, prevention, and diversion efforts. led to unprecedented levels of gun violence, and the The police will continue to deliver the Gang Resis- development of a Gang and Violence Reduction tance and Education Training [GREAT] programme in Strategy in 2010 that provided a framework for an en- partnership with our Island’s schools in an effort to hanced law enforcement approach to reducing vio- weaken the grip of the gang culture on our young lence, coupled with the opportunities for partner people. agency and community involvement in tackling the The BPS will also continue to support its problems from all angles. The BPS will refresh the members to enhance youth engagement with the po- strategy to ensure that it continues to reduce the harm lice and to volunteer outside of the police to serve with caused by the violence attributed to gangs and the other helping organisations. criminal use of firearms. Good communication sits at the heart of The BPS will continue to work in partnership strong relationships. The BPS will develop media to target those criminals who pose the greatest threat strategies and expand the use of its website and so- to our communities. The BPS will further invest in cial media sites to keep the public informed and en- government and community partnerships, and partici- gaged with the latest news from the police. pate in joined-up offender management, education In regards to making the roads safer, Mr. programmes, and prevention programmes. Chairman, the BPS Road Safety Strategy is a com- The BPS will continue to work with partners munity collaboration that is designed to save lives, to within the framework of the Interagency Gang Task make our roads safer, and to increase public confi- Force [IGTF] and its associated levels: the Inter- dence. The police will deliver operational plans to re- agency Gang Enforcement Team [IGET] and the In- duce the total number of traffic collisions, with an em- teragency Community Response [ICR] Team. The phasis on reducing the number of deaths on the work of the Interagency Gang Task Force combines roads. Patrols will be targeted to disrupt criminal use strategy with enforcement and community support. of the road and combat antisocial driving behaviours. The BPS will assess risks and provide an ap- The police will aim to calm the roads and reduce the propriate intelligence-led policing response to local frequency of impaired driving. nightlife activities and regular sporting matches. The The approach to road safety, Mr. Chairman, police will also mount highly visible and effective pa- will include intelligence-led data to analyse traffic “hot trols wherever needed to reduce crime and antisocial spots” and areas that need attention. The police will behaviour. raise awareness of poor driving behaviour through The police will also monitor trends in organ- education in concert with key stakeholders. The Ber- ised crime and continue the excellent working rela- muda Police Service will engage in enforcement that tionships that have been forged with international law is combined with professional judgment and discretion enforcement partners to protect against and mount so that punishment is balanced with prevention. appropriate responses to threats from terrorism, cy- Investing in people, Mr. Chairman—the Ber- bercrime, organised crime, and financial crime. muda Police Service currently has a discipline system The BPS supports initiatives that prevent which, at 40 years old, is not consistent with modern crime and, of course, reduce offending. The police will employment practices and is devoid of effective statu- collaborate with its criminal justice partners and other tory performance management arrangements to man- local organisations to help develop a system of re- age performance and attendance. Working alongside storative justice in Bermuda. the Government legislative reforms highlighted in the In regards to engaging with the community, 2015 Speech from the Throne, the service will imple- the BPS will continue to develop and support Com- ment a modernisation plan and deliver training to all munity Action Groups, particularly in those neighbour- police staff in relation to performance, conduct, and hoods that will benefit the most. Aided by the existing attendance management. police Community Action Teams [CATs], the BPS will The BPS relies on trained, competent people work to enhance public confidence by developing and to deliver efficient quality service at the highest pro- implementing local solutions to local problems in vari- fessional standards. The commissioner and his team ous areas. remain committed to training and reinforcing a pro- The Problem Oriented Policing and Partner- gramme of transformational leadership that builds a ships (POPP) strategy remains as the cornerstone of culture of shared leadership and decision-making at police operations. CAT officers rely on partnerships to the lowest appropriate levels. build stronger communities; the BPS will, of course, Considerations of safety, health, and welfare make every effort to provide greater consistency in are priorities for the people engaged in our work- providing local community officers so that relation- places. The BPS seeks to foster a safe and healthy work environment, with a strong focus on preventative Bermuda House of Assembly Official Hansard Report 11 March 2016 1447 measures. The newly formed Occupational Health these human resources will be divided into three divi- Unit provides a multidisciplinary approach to deliver- sions, each commanded by a superintendent. Specifi- ing complete physical, mental, and social well-being cally, the regular police staff will comprise one com- environments for all of the staff of the BPS. Additional missioner, one deputy commissioner, two assistant training will be provided for the growing contingent of commissioners, three superintendents, eight chief in- internal and external volunteers who support the ser- spectors, 25 inspectors, 66 sergeants, and 300 con- vice as Critical Incident Stress Management [CISM] stables with the 10 cadets whom I mentioned earlier. professionals. The commissioner has the authority to move staff ac- The BPS will streamline its organisational cording to the needs of the service. structure, with a particular focus on consolidating fa- Salaries and wages for the 90 civilian staff cilities, assets, resources, and responsibilities within who support the service in areas of finance, technol- the service. We will increase the ratio of constables to ogy, human resources, station duty officers, as well a supervisors through natural attrition to achieve greater garage department, are budgeted at $5,859,307. efficiency of supervision and to reduce bureaucracy. Additional resources, Mr. Chairman—the vari- To help us reach budget reduction targets while sus- ances to be observed in most of the cost centres re- taining operational delivery levels, the Bermuda Police flect operational considerations that fall within the re- Service will examine business processes to ensure mit of the commissioner, whose internal submissions that all police officers are engaged in police work. for funding are mission driven. However, I wish to They will work hard to avoid using officers for jobs that highlight for Honourable Members key additional ele- do not require police training to perform. ments to the 2016/17 budget that indicate this Gov- The Bermuda Police Reserve provides vital ernment’s support of the BPS and the role we ask support to the regular service by harnessing volunteer them to play in the community. efforts from the community. They will continue to en- Mr. Chairman, overseas investigative assis- courage recruitment efforts to increase their numbers tance is allowed a budget of $1,034,538. In response to 100 officers, representing an increase of more than to the rapid escalation in 2009 in gang violence and 30 per cent. They will also seek to further enhance associated gun crime, the BPS implemented a num- [diversity] within their ranks commensurate with the ber of strategies to build the extra capacity needed to diversity in the community that they serve. cope with higher caseloads of serious crimes. This Mr. Chairman, in regards to optimising tech- initiative has run for six years and has resulted in a nology, the Bermuda Police Service will work to en- significant clearance of current and cold cases. The sure that our technology infrastructure provides mod- significant reduction in gun crime can be partly attrib- ern, automated assistance to their operations while uted to this increased capacity. The service is looking simultaneously delivering value for money. They will for opportunities to employ Bermudians in an effort to consult with the Bermuda Government to invest in decrease reliance on this overseas assistance. technology that makes all of us more efficient at our The funding allows for the employment of job and contributes to public safety. temporary additional staff with specific expertise that They will collaborate with Government on the is not currently available in the service. The roles that opportunities to expand the capability of the public these temporary staff fill are criminal investigators, CCTV network through the addition of new networks financial investigators, intelligence analysts, case re- and by enhancing video analytics that will enable fea- viewers, and crime scene investigators. tures such as facial recognition, traffic compliance, Specific initiatives 2016/17—Mr. Chairman, and speed cameras. the BPS has been allocated $445,000 in capital de- They will implement an electronic document velopment monies during the next financial year. This management system to improve electronic filing ca- funding will be used towards projects in the redevel- pacity and to streamline compliance with the require- opment of the Prospect property. The BPS currently ments of the Public Access to Information [PATI] Act has a shooting range located at the Cooper’s Island and new disclosure requirements within the criminal Nature Reserve. That shooting range is, of course, justice arena. critical in the firearms officer certification process and The Bermuda Police Service will work with the other tactical police training. The location of the range, Government and other emergency services to transi- Mr. Chairman, is remote from the rest of the BPS tion towards a modern radio system that will enable training facilities that are located at Police Headquar- better communications across government and emer- ters in Prospect. gency services on a shared platform. The current shooting range is not fully opera- Mr. Chairman, in regards to allocation of staff, tional due to damage caused by storms and wear and for ease of accounting, salaries for police officers are tear. Extensive repairs are required to bring the cur- allocated to the Commissioner’s cost centre, line item rent 25-metre shooting range to the appropriate stan- 17000. Police salaries for 2016/17 have been set at dard. Rather than take that course, those funds will be $38,300,000. The budget provides for 416 police offi- used instead to relocate the existing range compo- cers (which includes 10 cadets). The allocation of nents to a new and improved 50-metre range at Pros- Bermuda House of Assembly 1448 11 March 2016 Official Hansard Report pect. The selection of the range will consolidate all Hon. Michael H. Dunkley: It is Head 13. firearm training at a single and more appropriate cen- tral location. HEAD 13—BERMUDA POST OFFICE Mr. Chairman, recognising the current period of government debt, deficits, and the need to reduce Hon. Michael H. Dunkley: Mr. Chairman, Bermuda the BPS budget, spending on vehicles in 2016/17 will Post Office, Head 13. It is my pleasure to present the be reduced by 60 per cent. Additionally, the BPS will budget for Head 13, the BPO. The BPO is governed explore options to deploy more economical vehicles, by the Post Office Act 1900 and the Post Office Regu- including electric or hybrid vehicles, and the provision lations 1933. Postal services are provided from the of vehicles through local sponsorship initiatives. The General Post Office located on Church Street, just BPS will give priority to vehicle purchases that en- across the way, the Mail Processing Centre at the air- hance the operational priorities to provide highly visi- port, and eight sub-post offices located throughout the ble front-line policing and to respond quickly to emer- Island. The BPO’s vision is to be a more innovative, gencies. The BPS will also increase the number of customer-focused, and sustainable postal service. To motorcycles deployed to support making the roads achieve this vision, Mr. Chairman, the BPO’s mission safer. statement is, Together we connect people and busi- Mr. Chairman, the Government is committed nesses by providing efficient, courteous and afford- to helping people find jobs, and the Bermuda Police able products and services. Service should be seen as a career of choice by The BPO works to ensure that mail is deliv- young people in the community. During the 2016/17 ered consistently within the delivery time frame of four Financial Year, 12 cadets who joined the service over working days or less, and to meet the universal ser- the last three years have asked to join the service as vice obligation to provide access to affordable com- full-time constables. The BPS will hold a recruit train- munication to all residents. ing course in June 2016, and these cadets will be Accomplishments in 2015/16—Mr. Chairman, trained to become the next group of Bermudian re- the postal industry worldwide continues to face chal- cruits in the BPS. Mr. Chairman, at the present time, lenges in this digital age. Nevertheless, the BPO is 63 per cent of the officers in the BPS are Bermudian. proud to have made several accomplishments in In times like these, we need men and women 2015/16. in whom we can have confidence and to whom we The BPO’s current expenditure budget for the can look for decisive action in the face of criminal ac- April 2016 to March 2017 financial year has been re- tivity. The Bermuda Police Service rises every day to duced by $515,000 year on year. this challenge. The mission statement of the BPS is The BPO’s 2016/17 budgeted staffing com- Making Bermuda Safer, and for the men and women plement has been reduced from 161 to 152, or 5 per who faithfully serve in our community every day, the cent, from 2015/16, through natural attrition and mission statement is so much more than a slogan, Mr. streamlining operations. It should also be noted that Chairman—it is a calling. And as I close my comments the BPO’s staffing has been reduced by over 34 per on Head 7, the Bermuda Police Service, I would like cent in the past five years, from 232 to 152 employ- to take this opportunity to thank the commissioner and ees. This reduction in staff numbers has necessitated his staff for their work over the past years, often in increased efficiencies in the way they operate. difficult circumstances. I would like to thank the BPA The BPO closed the Paget Sub-Post Office at for their openness and communication in discussions the end of May 2015, making the building available for that we have had back and forth. And I am pleased to Government to generate revenue via sale or rental. see that we remain committed to moving forward in The BPO launched commemorative stamp spite of our challenges. issues in May, July, December of last year and Janu- Mr. Chairman, I would like to turn now to ary this year. The May issue featured the Bermuda Head number— Bluebird. July saw Bermuda in Bloom Part 1. Ber- muda Roses were featured in December, and in The Chairman: Head 12? January the Lefroy Botanicals were highlighted. Stamp collection is a unique market, catering to local Hon. Michael H. Dunkley: Head 12. It is not listed, and international stamp enthusiasts, which also show- Mr. Chairman. It is not listed. cases Bermuda’s rich history and heritage. The BPO has made a significant investment in [Crosstalk] staff, obviously its most important resource. The BPO continues to provide financial support in the past year, Hon. Michael H. Dunkley: Head 12 was debated in $25,000 to several employees who are furthering their the Finance Debate so it is—? education and professional development. The BPO sent employees overseas on train- The Chairman: That should be Head 13. ing, conferences, and other professional development

Bermuda House of Assembly Official Hansard Report 11 March 2016 1449 opportunities, which were funded by the Caribbean with the services provided by the BPO. The BPO will Postal Union and the Universal Postal Union. continue to work with the Information Technology Of- In July 2015, Mr. Chairman, the BPO modern- fice, E-Government, and the Office of Project Man- ised its postage rates. This was a major project, as agement and Procurement to upgrade the BPO Infor- postage rates had not changed or been adjusted mation Technology platform, which is outdated and since 2000. The project was made much more difficult hinders the BPO’s ability to introduce new revenue due to the BPO’s aged information technology plat- streams and to be more efficient in collecting, re- form, which is to be upgraded and modernised during cording, and monitoring the revenue it receives. the 2016/17 Financial Year. The Accounts Section will ensure that the The BPO arranged a one-year secondment BPO continues to conduct its affairs in a manner that for an employee to work at Royal Mail in the United is consistent with Financial Instructions and in the Kingdom. The individual is currently the International most efficient manner possible. Manager in the Royal Mail’s International Policy Unit, In 2016/17, Mr. Chairman, the BPO Philatelic whilst simultaneously still working for the BPO. This Bureau’s planned stamp releases and activities in- employee has led projects with the Caribbean Postal clude the following: Union and the Universal Postal Union. The second- • April—90th Birthday of Her Majesty the ment finishes in August, and it is anticipated that the Queen; employee will return to Bermuda with international • May—Bermuda World War I; experience, exposure and skills that, of course, would • June—World Stamp Expo, New York 2016; not have been developed without the secondment. • August—Bermuda in Bloom Part 3; In October 2015, the BPO celebrated World • October—Lifecycle Monarch Butterfly; Post Day by staff doing community service at the • November—Year Pack 2016; Lorraine Rest Home and the Warwick Preschool. • February 2017—25th Anniversary of the Ber- The BPO produced a newsletter in January muda National Gallery. and conducted a colleague engagement survey at the end of November, which has given staff the opportu- Programme 1310, Operations—Mr. Chairman, nity to express their views and concerns in a confiden- the original estimate for 2015/16 was $8,718,000, with tial manner. The feedback is being considered by 134 employees. The estimate for 2016/17 is management in decision-making. $8,247,000, with 126 employees, a 5.5 per cent vari- The BPO completed repairs to the mail proc- ance. essing centre at the airport, following damage sus- Mr. Chairman, the Bermuda Mail Processing tained during Hurricanes Fay and Gonzalo, and has Centre [BMPC] is the mail hub of the Bermuda Post recently reoccupied the building. Office. For 2016/17, the BPO will commence a project Mr. Chairman, the BPO collected $600,000 of to amalgamate the mail processing operation into the outstanding terminal dues relating to revenue for peri- GPO, to cut staff costs, streamline operations, and ods prior to 2015. improve efficiency and effectiveness in the speed and In regards to current account estimates, Mr. manner in which mail is processed. Chairman, the current account estimates for Head 13, The Quality Assurance Section will continue the Bermuda Post Office, can be found on pages B- to measure routes to maximise efficiency and address 279 and B-280 of the Current Account Estimates for compliance issues. The Quality Assurance Section Expenditures for the year 2016/17. The BPO has has been working steadily with other departments been allocated a total of $10,677,000 for the next fi- within Government to ensure that Government has, as nancial year, and this represents a net decrease of best as possible, correct address databases of all $515,000, or 4.6 per cent from the amount allocated buildings and dwellings in Bermuda. for the financial year, which was $11,192,000. Mr. Chairman, I will now outline the BPO’s Mr. Chairman, the Post Office is made up of projected expenses for 2016/17, as per the table that the Corporate Services Division and the Operations honourable colleagues can find on page B-280 of the Division. The Corporate Services Division comprises Budget Book. Administration and Finance, IT Services, and Phila- telic Services. The Operations Division is made up of The Chairman: What page? the Central Mail Processing Unit, the Sub-Post Of- fices, and Courier Services. Hon. Michael H. Dunkley: Page B-280. Mr. Chairman, the budget for the Corporate Mr. Chairman, 87 per cent of the Post Office’s Services Division for the last financial year was budget is salaries and wages. The Post Office budg- $2,474,000. The revised estimates $2,430,000. That eted staff numbers were reduced from 161 to 152, a $44,000 variance is approximately 1.8 per cent less. reduction of nine full-time equivalents, or 5.6 per cent. For 2016/17, the Corporate Services Division will fo- This reduction is due to natural attrition and streamlin- cus on finding ways to generate additional revenue, ing operations. The total projected savings on staffing as well as increasing awareness of and satisfaction costs year over year is $528,000, or 5.4 per cent. Bermuda House of Assembly 1450 11 March 2016 Official Hansard Report

While reducing staffing levels may be a new concept The role of the BPO in this context, and the for some departments, this is something that the BPO BPO’s opportunity to increase efficiencies govern- has consistently done for the past five years. ment-wide, should therefore be considered any time BPO management and staff continue to in- you review budget figures. crease efficiencies, with a projected $13,000, or 1 per The total revenue estimate for year 2016/17, cent reduction in operational expenses. Mr. Chairman, which can be found on page B-281 of The Transport budget decreases by $10,000, the Current Account Estimates for Revenues, is or 7 per cent, due to better route management. The $4,467,000. This represents a decrease of $190,000, Travel budget remains stable, with a slight $1,000 in- or 4.1 per cent under the budget of 2015/16. crease from the past financial year. The Post Office expects a slight overall de- The Communications budget has been in- cline in revenue. The global trend of declining mail creased by $11,000, or 14 per cent, and the Advertis- volumes as a result of alternative communication con- ing and Promotion budget by $13,000, or 27 per cent. tinues to impact the bottom line. Nonetheless, Mr. This is to enhance marketing of existing as well as Chairman, some revenue line items are expected to new BPO products and services. increase as a result of certain factors, as explained Professional Services remains relatively the herein. same as last year. This line item is used for fees and Terminal Dues, which are the net revenues dues paid to the Universal Postal Union, the Carib- received from other postal jurisdictions for delivery of bean Postal Union, the Stamp Design Advisory Com- incoming mail originating from those jurisdictions, are mittee, and other related costs. estimated to decrease by $75,000, or 10 per cent from Rent for the Perot Sub-Post Office remains the current budget year, mainly due to decreased mail the same, at $27,000 for the next financial year. volumes. Mr. Chairman, Repairs and Maintenance ex- Other Post Office Fees and Charges, which penses are forecast to increase by 5 per cent, or includes Fax and Photocopying Charges, Tax Mail, $17,000, mainly due to increased costs of maintaining Customs Declaration Fees, Mail Redirection, and Hold an ageing infrastructure, namely, cycles, vehicles and Mail Fees, are expected to decrease marginally, Mr. buildings, as well as additional costs for outsourcing Chairman, by 3 per cent or by $8,000, compared to cleaning services. the estimates for 2015/16. Insurance is expected to decrease by $3,000, Post Office Licences, which include Business or 20 per cent. Reply Services, Mail Handling, Postage Paid Permits, Energy costs are expected to decrease in and Business Reply Service, are expected to have a 2016/17 by $20,000, or 13 per cent, due to the Paget net decrease of $39,000, or 51 per cent, mainly due to Sub Post Office closure and other efficiencies, cou- a clean-up of the licensee register netted against in- pled with decreased energy prices. creased income from the revised mail handling fee The Clothing, Uniforms and Laundry budget structure. remains the same. Materials and Supplies are fore- Mr. Chairman, Philatelic Revenue is antici- casted to decrease by 3 per cent, or $8,000, the result pated to be higher in 2016/17 by $34,000, or 28 per of the Paget Sub Office closure, as well as cost- cent, over the current financial year. This is estimated saving initiatives and economies of scale. from the trends in the 2015/16 actual sales figures. Minor Equipment Purchases is budgeted for The trending for mail volumes over the last the next fiscal year at $15,000 to cater for replace- several decades, Mr. Chairman, has seen a steady ment of IT equipment and other equipment due to the decrease of approximately 600,000 pieces a year, or move of the mail processing centre back to the airport. 7 per cent annual decrease, spread over different let- The last line item on the Operating Expenses ter mail products, both local and international. In 2015, budget is Other Expenses, which is expected to be in the BPO saw a decrease of 12 per cent in mail vol- line with the 2015/16 numbers. umes over the previous year of 2014. The reason for Mr. Chairman, the BPO continues to be one of these decreases on a local and global scale is the the few departments that collects revenue. The BPO direct result of the development of alternative commu- does this while providing a universal service obliga- nication methods, online statement providers and, of tion. The BPO also collects a significant amount of course, increased reliance on social media for getting revenue on behalf of other government departments the message out. Hence, Mr. Chairman, postal or- such as Customs, Education, Youth and Sports, Pub- ganisations around the world are continually looking to lic Transportation, and Environmental Protection. This decrease overhead and increase sales by implement- revenue averages about $2 million each year, or over ing new products and services to remain relevant. The 25 per cent of the total revenue collected by the BPO. BPO is no different as we anticipate these trends in This amount is not included in the revenue figures in declining mail volumes to continue. the budget estimates for the BPO, but is recognised in Accordingly, Mr. Chairman, stamp sales are the respective departments’ budget figures. expected to decrease significantly in 2016/17, by

Bermuda House of Assembly Official Hansard Report 11 March 2016 1451

$129,000, or 17 per cent. This decline is in line with • 832,000 pieces, or 10 per cent was local per- the trends experienced this current financial year. sonal mail; Frankpost sales are anticipated to decrease. • 294,000 pieces, or 4 per cent was from Ber- The decrease will somewhat be offset by the increase muda Government Her Majesty’s products for arising from the postage rate modernisation imple- local delivery; mented in July of 2015. The overall impact is ex- • 523,000 pieces, or 7 per cent was outgoing in- pected to be a marginal decrease, compared to the ternational mail; finally, 2015/16 estimates. • 1.7 million pieces, or 22 per cent was incom- Bulk Mail, Mr. Chairman, is expected to in- ing international mail. crease in 2016/17 by $47,000, or 8 per cent, mainly due to the postage rate modernisation. Bulk mail is Mr. Chairman, the Post Office continues to expected to continue to be a relevant revenue stream work with its community partners to improve effi- as the BPO continues to offer businesses and chari- ciency, to impact delivery times, and move closer to- ties direct daily access to 39,000 residential and busi- wards a 100 per cent delivery standard within four ness postal addresses combined. working days. The BPO continues to utilise mail sort- The anticipated revenue from telephone cards ers, drivers, and delivery team members for optimal and Top Up, and packaging material are expected to performance. Bulk mailers have been issued process- remain in line with the current financial year budget. ing guidelines and deadlines to improve quality of mail The BPO anticipates, Mr. Chairman, a de- delivered to the Post Office. All processes are con- crease in revenue from post boxes, which includes the tinuously reviewed as the Bermuda Post Office aims rental fee, late fee, and other related charges. The to ensure that the best possible service is provided to anticipated decrease of $24,000, or 3 per cent [year the public. over year] is partly due to the closure of the Paget Mr. Chairman, the Express Mail Service prod- Sub Office. The late penalty fee [revenue] is also ex- uct is an international data express mail service for pected to decline, as the public are now more aware documents and merchandise. Residents and busi- of the payment deadlines. nesses can drop off their documents or packages at Sundry receipts are not a major line item and any post office in Bermuda and request that the Ex- are expected to be in line with the current financial press Mail Service deliver them. Documents and year estimates. packages will reach their international destination, in Mr. Chairman, the total estimates for Capital most cases, within five to seven business days, for Acquisition Expenditure for 2016/17 can be found on nearly half the price of the courier companies. It is a page C-14 of the Capital Acquisition (Schedule C). service well worth looking at. It is a secure, conven- The amount allocated was $27,000 for the purchase ient, and affordable service. Packages can be tracked of cycles and computer equipment. This is against a online via the BPO’s Track and Trace access, which 2015/16 allocation of $311,000, a decrease of can be found at www.bpo.bm. The BPO continues to $284,000. encourage other [government] departments to utilise The BPO currently processes 60 per cent of this service for their international mailing needs, which its $4.7 million annual revenues through various obso- will be an overall cost-saving for the Government. lete or unsupported software, Mr. Chairman. The Mr. Chairman, the BPO continues to market 2015/16 capital budget allocation is currently being RPost, the registered e-mail service offered through- used to update this infrastructure for 2016/17 and be- out the BPO. yond, and of course, it will enable the BPO to resolve The objectives, goals and future plans which the issues that it has consistently experienced with its have been set by the Post Office for 2016/17, Mr. software, to be more efficient, and to be able to han- Chairman, will move forward its vision for being a dle new revenue initiatives. more innovative, customer-focused, and sustainable Mr. Chairman, the BPO will be introducing postal service. new revenue streams into its operations during the As the BPO continues to work with its stake- 2016/17 financial year, based on the implementation holders and business partners to embrace more sus- of software enhancements. tainable documents, agreements, policies, practices, The 2015/16 fiscal year was a very busy and and approaches to work, productive year for the BPO. Approximately 8.1 million pieces of mail were processed during that year. The local market provided 5.8 million pieces or 72 per cent Bermuda will eventually have a postal service that of local delivery, and 2.3 million pieces or 28 per cent meets the needs of residents while at the same time it was for incoming and outgoing international delivery. is sustainable. The annual breakdown by volume, Mr. Chair- Mr. Chairman, that brings to an end my com- man, is as follows: ments on Head 13, Bermuda Post Office. • 4.7 million pieces, or 58 per cent was local business mail; The Chairman: You will move on to Head 25. Bermuda House of Assembly 1452 11 March 2016 Official Hansard Report

mindsets, attitudes or irrational thinking, often con- Hon. Michael H. Dunkley: I will move on to Head 25. sider programmes unnecessary and irrelevant. How- ever, this is always achievable through the provision The Chairman: Corrections? of offending behaviour programmes, cognitive inter- ventions, life skills training, educational classes, skills, Hon. Michael H. Dunkley: Department of Correc- and recreational development, which are aimed at tions, which can be found from page B-284 to page B- addressing offending behaviour and promoting posi- 287. tive change. Mr. Chairman, the department is divided into The Chairman: Yes. 12 major cost centres. They comprise the following: Corrections Headquarters (35000), Farm Facility HEAD 25—DEPARTMENT OF CORRECTIONS (35020), Co-Educational Facility (35030), Westgate Correctional Facility (35060), Therapeutic Community Hon. Michael H. Dunkley: It is my pleasure to pre- (or the Right Living House) (35090), Psychological sent Budget Head 25 for the Department of Correc- Services (35105), Social Services and Case Man- tions. Before I actually get there, I would be remiss if I agement (35106), Health Services (35107), Educa- did not thank the Postmaster General, Wayne Smith, tional Services (35108), Vocational Services (35109), and his team for their dedication in the Bermuda Post Recreational Services (35110), and Chaplaincy Office. And in Corrections, I would like to thank the (35111). Commissioner of Corrections, [Lieutenant Colonel] Mr. Chairman, the department’s mission Lamb, for his work in Corrections, and their entire statement is To empower inmates to be responsible team at the East and the West Ends of the Island. and productive citizens. Additionally, the department’s Mr. Chairman, the department’s mandate is to core beliefs are as follows: administer sentences imposed by the courts under 1. Those in custody have the potential to conditions of safe custody and well-ordered commu- change; nity life so that convicted persons can lead good and 2. Our staff are our greatest asset in the useful lives on discharge. The main objectives of the achievement of our mission, and they have department are as follows: the potential to bring about change; 1. to protect the public by holding inmates se- 3. The Bermuda Department of Corrections is an curely while providing safe, well-ordered, and integral part of the entire Bermudian commu- lawful regimes; nity; and 2. to provide a humane, but demanding, regime 4. We should always operate the department aimed at reducing reoffending, by offering in- cost efficiently while retaining our mission. mates a range of opportunities in which re- ward is linked to effort (that is, incentives and Mr. Chairman, the department has a respon- earned privileges, Mr. Chairman), in order to sibility to adhere to the following legislation: prepare inmates for life after release. • Treatment of Offenders Board Act 1979; • Prison Act 1979; The departmental outcomes are as follows: • Prison Rules 1980; The Government of Bermuda endorses the aim of the • Young Offenders Act 1950; Department of Corrections to achieve and, where • Senior Training School Rules 1951; practicable, Mr. Chairman, to exceed the United Na- • Prison Officers (Discipline, Etc.) Rules 1981; tions Minimum Standards for the Treatment of Prison- • Sections of the Mental Health Act 1968, and ers. Secondly, the people of Bermuda need to be sat- portions of other legislation; isfied that the Department of Corrections makes an • Sections of the Parole Board Act; effective contribution to public safety and, of course, • Sections of the Criminal Code Amendment the rehabilitation of offenders. Act. Mr. Chairman, the principal functions of the

Department of Corrections fall into two categories: Mr. Chairman, the total current expenditure, First, Custody—the Department of Correc- which is found on page B-284 of the Budget Book, is tions is authorised to accept and to detain all persons estimated to be $25,337,000 for the next financial who are lawfully ordered to be detained by the courts. year. This represents an increase of $471,000, or The main functions under custody include inmate re- 2 per cent higher than the budget of 2015/16. This ception, release, security, visits, court escort security, increase will provide for hiring of new staff and a pro- safety, and general daily operations. vision for inmate health insurance. Treatment and Rehabilitation—Mr. Chairman, Mr. Chairman, the 2016/17 budget provides the second function is the treatment (intervention) re- funding for 244 full-time employees, as shown on habilitation/habilitation of any offenders. The function page B-285. In addition to full-time employees, it will can be challenging, as offenders, based on potential fund facilitators and teachers for inmate programmes. Bermuda House of Assembly Official Hansard Report 11 March 2016 1453

Mr. Chairman, cost centre 35000, Headquar- provided with computer classes. Sewing and cognitive ters, represents $3,872,000, or 15 per cent of the total programmes such as anger management and sub- budget. Corrections Headquarters, under the general stance abuse are provided as well, Mr. Chairman. direction of the commissioner and assistant commis- During the 2015/16 budget year, two inmates sioners, provides directives to a decentralised organi- participated in the work release scheme and 90 per sation. Staff administer and coordinate the training, cent of the female inmates participated in community security strategies, human resources, financial re- projects at Lorraine Rest Home and WindReach. The sources, and policy direction for the department. This benefits, Mr. Chairman, of charity work are enormous budget will fund salaries and operating expenses for to the community and also allow inmates to gain in- the Corrections Headquarters. valuable experience by giving back to the community. Mr. Chairman, cost centre 35020, the Farm This initiative will continue during the current and fu- Facility, represents $3,538,000, or 14 per cent of the ture budget year. budget. The total budget for this will allow for staffing Key performance indicators for the [Co-Ed] of the Farm Facility, operating expenses, and inmate Facility include: care. The Farm Facility is an adult [male] minimum- • to conduct random mandatory screening of at security facility with a capacity to house 93 inmates. least 10 per cent of the population on a The prerequisite for inmates housed at this facility is monthly basis; completion of their core sentence plan requirements • to provide training and development to 75 per and classification of minimum security. cent of the population to reduce the risk of Treatment continues to be provided focusing reoffending; and on relapse prevention. Inmates are also involved in • to minimise the risk of escapes from the facil- work release programmes, charity programmes, ity by reinforcing controlled movement for in- community service, and other ongoing projects within ternal and external escorts, and performing the facility. Mr. Chairman, this past year 26 were en- security checks as per policy. rolled in the work release programme, and 55 inmates participated in the charity work programme. The plan Mr. Chairman, having said that, before I go on for the upcoming fiscal year is to increase the number to the next line item, this might be a good time to ad- of inmates on work release and charity, with the char- journ for lunch. ity work programme being geared more towards facili- tating requests from government entities. The Chairman: It is 12:26, Premier. Yes. The Farm Facility garden, Mr. Chairman, has supplied all of the facilities with fruits and vegetables. Hon. Michael H. Dunkley: Okay. I will be going into These crops include beets, onions, carrots, cabbage, cost centre 3506, Westgate Correctional Facility itself. bananas, and potatoes. (And it is getting near lunch, So I move that we adjourn for lunch. so we get a little hungry as we get closer.) This has provided a cost-saving measure and a very good re- The Chairman: Mr. Premier, I take your acknowl- lease and educational opportunity for our inmates. edgement that lunchtime is upon us. Initiatives for the upcoming year include expansion of We will break for lunch now. There are ap- the animal and farming programmes at the facility. proximately about 2 hours and 45 minutes left for the Mr. Chairman, the Farm and Animal Pro- debate. The debate will end at 3:45 [sic]. We are cur- gramme currently has been suspended while it is be- rently on Head 25, and— ing revamped; however, it will be reintroduced during the 2016/17 budget year. As I mentioned recently in Hon. Michael H. Dunkley: Three forty-five? my comments, it provided a food supply, and it also engaged inmates in productive and meaningful work. The Chairman: This one here, this one here. The Bee Innovative pilot programme will fully com- mence again in April and will involve the production of The Clerk: Four forty-five. honey to be used as an alternative to sugar. Mr. Chairman, cost centre 35030, Co-Ed Fa- The Chairman: That’s right. 4:45. I am sorry, 4:45. cility, represents $3,254,000, or 13 per cent of the to- Correct. tal budget, and provides funding for 39 staff and op- And we will break for lunch now. erational costs. This facility, with a capacity of 64, has separate and distinct provisions to house 32 adult fe- Hon. Michael H. Dunkley: Thank you, Mr. Chairman. males and 32 young male offenders between the ages of 16 and 21. The programmes provided are similar to The Chairman: Premier. other facilities, based on the assessment of needs and available resources. Young males can prepare for [Gavel] their General Education Diploma and gain skills in carpentry and computer classes. The females are Bermuda House of Assembly 1454 11 March 2016 Official Hansard Report

Proceedings suspended at 12:27 pm The Chairman: Premier, just a minute. If everybody Proceedings resumed at 1:59 pm could just check their [microphones], the system came back on for the [microphones]. [Hon. Dennis P. Lister, Chairman] Hon. Michael H. Dunkley: Thank you, Mr. Chairman. COMMITTEE OF SUPPLY The Chairman: You can resume, Premier.

ESTIMATES OF REVENUE AND EXPENDITURE Hon. Michael H. Dunkley: Thank you. FOR THE YEAR 2016/17 So at the present time there are 182 people housed throughout the various Corrections areas: Co- MINISTRY OF NATIONAL SECURITY Ed has 12; the Farm has 33; Right Living House has 10; and Westgate has 127, for a total of 182. HEAD 25—DEPARTMENT OF CORRECTIONS Mr. Chairman, one of the highlights from the last budget year was the department’s entry in the [Continuation thereof] Bermuda Day parade and I think all colleagues can recall the wonderful float. Inmates, including those The Chairman: The [microphones] were off, just to from the Lifeline Group, a support group for inmates reiterate for those listening on the radio, we are re- serving life sentences, constructed a float represent- suming the debate on the Ministry Head of National ing Bermuda and it was entitled “An Atlantic Garden.” Security. The Premier will lead the debate and we are The float received the Ruth Thomas Heritage award on Head 25, which is Corrections. and the Best Government Department award. Addi- tionally, the Lifeline Group continued the bike refur- Hon. Michael H. Dunkley: I forgot where I was so I bishment programme and presented students from am going to start all over again at the beginning. various schools with “new” bikes. I have been delighted to see this programme The Chairman: Well, Mr. Premier, it was yours, Mr. and all the other programmes, but two years ago I Premier. was at the Westgate Corrections Headquarters to take part in this presentation. It was just truly humbling to [Laughter] see inmates bursting with pride for fixing up the bikes and our young people bursting with pride to have their Hon. Michael H. Dunkley: Mr. Chairman, just to re- set of wheels. fresh where we were— Mr. Chairman, the annual activities day for inmates and their children has been held prior to Fa- The Chairman: Go ahead, Mr. Premier. ther’s Day the last couple of years and this is certainly a very good programme that the Commissioner’s col- Hon. Michael H. Dunkley: I was on Head 35060, the leagues put on in fostering strong relationships be- cost centre for Westgate Correctional Facility. tween inmates and their children when quite often they do not have the opportunity because they are 35060—Westgate Correctional Facility incarcerated. So I congratulate the Commissioner and his colleagues for all of these programmes which help Hon. Michael H. Dunkley: Mr. Chairman, the budget to make life meaningful for inmates and allow them to for this area in the coming financial year is set at grow and to improve on how they conduct them- $10,061,000, or 40 per cent of the total budget. The selves. Westgate Correctional Facility, as all colleagues are The Westgate Work Programme has now aware, is an adult male establishment with the design been extended to another community partner with a capacity to house 208 prisoners in conditions of total of six inmates participating in 2015/16. maximum and medium security, and represents over Mr. Chairman, I take the opportunity on a 60 per cent of the entire Department of Corrections. regular basis to visit the Corrections facilities and I The majority of inmates fall within the medium security have to say for Honourable Members in this Chamber classification. The majority of assessment and treat- and for people of Bermuda who are listening, that I ment programmes for inmates take place at this facil- continue to be energised by the work that our inmates ity. do, whether it is in the Farm Facility in the workshop Mr. Chairman, I have gone through the vari- down there which has sustained some damage from ous areas of Corrections, and let me just state for the hurricane but has been fixed up, or whether it is honourable colleagues, that at the present time, give out in the gardens, or whether it is two inmates now or take a bit, because these numbers are not housing who are over at the Co-Ed Facility and they take care numbers for today, but the total capacity of the Cor- of all of the gardens and all of the grounds and all the rections Department, as I just said, is over 300— painting—both of those inmates have done a fantastic Bermuda House of Assembly Official Hansard Report 11 March 2016 1455 job of keeping that facility in good condition; or it is • Assisted other Government departments in- inmates up at Westgate who get stuck in over there cluding Marine and Ports and Department of and they have a pretty good workshop up there and Works and Engineering with road works; they fix up a lot of Government equipment that needs • Assisted on various projects at Serenity Palm to be fixed up from the Parks Department or other ar- Rest Home; and eas. • Fifteen inmates have been involved in the So thank you for all of the inmates for getting Charity Work Release programme and one involved in those work programmes and the day re- inmate has participated in Work Release. lease programmes that they do. And thank you for the Mr. Chairman, Inmate Services and Pro- Commissioner and his team for making it happen be- grammes are allocated this year a budget of cause obviously, Mr. Chairman, as you are well $1,284,000. Inmate Services and Programmes are aware, these type of programmes take organisation, designed to meet the needs of inmates that are identi- they take coordination, and they take resources to get fied in their individual case plans. The programme the inmates to get off property in appropriate ways. So team is multi-disciplinary and provides various ser- these are the really rewarding programmes that we vices and programmes. These include psychological, have. social and case management, health, educational, vocational, recreational, and chaplaincy programmes. 35090—Therapeutic Community Centre (TCC) Funding for inmate services is essential to the reha- bilitation of inmates as the programmes provide valu- Hon. Michael H. Dunkley: Mr. Chairman, cost centre able tools and resources for offenders to assist them 35090, is on page B-284. The allocation for that cost in returning to society as productive and contributing centre is $1,284,000, or 5 per cent of the total budget. citizens. The Therapeutic Community [TC] is also known as “The Right Living House” and is located on the north- 35105—Psychological Services ern perimeter of the Farm Facility and is a segregated residential Substance Abuse Programme with a ca- Hon. Michael H. Dunkley: Mr. Chairman, cost centre pacity to house 18 residents. The programme is de- 35105, still on page B-284, represents a budget of veloped for adult male offenders with a history of sub- $429,000. This funding provides for salaries for three stance abuse and associated criminality. The mission psychologists (including one temporary additional) of the Right Living House is to provide a drug-free, who provide psychological services to offenders at safe, and structured environment characterised by two each of the three facilities: Westgate, the Farm, and central qualities—mutual peer support and mutual Co-Educational Facility. It must be noted that currently peer accountability. The treatment environment is one the department only has one psychologist; however, where residents live and work together within a sup- they are actively recruiting to the other posts. portive and habilitative framework of mutual self-help. Mr. Chairman, I think we are probably aware Residents move through three phases: Orientation, from our time in public service that psychologists are Primary Treatment, and Re-entry which transitions the difficult to retain in any position and we have been offender through an intensive 9- to 12-month treat- blessed to have some good psychologists within Cor- ment, wholly dependent upon their demonstrated rections and we will go out and hire to meet that need clinical progress. Aftercare treatment is provided to as we move forward. One has just left us and we are residents once they leave the structured TC and while actively recruiting. fulfilling the conditions of their sentence or parole. The psychologists complete various assess- To date, Mr. Chairman, there has been an av- ments on offenders including assessments of crimino- erage of 12 residents in the Right Living House per genic need (areas of risk associated with offending), month. The goal of the Therapeutic Community is to emotional well-being, and adjustment. They also look return residents to our broader community with an at personality factors and cognitive functioning. The increased potential for a life free of drugs and crime findings of these assessments assist in determining by providing them an opportunity to realise their po- the holistic needs of the offender, they also determine tential for change, as well as the inherent potential for motivation for change, treatment priority and treatment health and success in every person. This funding pro- interfering factors, evaluating the best fit of treatment vides for staffing, operational costs and inmates’ pro- options, adjustment concerns, and risk management grammes. approaches. In addition to assessments, the psy- During the 2015/16 budget year, residents chologists focus on the provision of intervention to participated in various community projects including: meet offender needs. This can be both group and in- • Partnered with St. Paul’s Anglican Church in dividually based, utilising expertise in the application Paget and assisted with minor work on pro- of research into what works with offenders. Interven- jects at the church; tions can include but are not limited to the following: Substance Misuse Programmes (i.e., Drug and Alco- hol Education); Drug and Alcohol Treatment and Re- Bermuda House of Assembly 1456 11 March 2016 Official Hansard Report lapse Prevention; Violence Reduction Programme; • Parenting Programmes (Fathers and Children Sexual Offender Programme, and Cognitive Skills Together (FACT); Programme (Thinking for a Change). • Job Readiness/Employment Assistance; The psychologists bring an evidence-based • Housing; approach to working with offenders which assists with • Life Skills Training; making more objective and risk-focused decisions. • Risk Assessments; and Interventions can include but are not limited to: Drug • Individual Counselling, which includes: finan- Education, Short-term Substance Abuse Treatment cial, stress, adjustment, coping and grief. and Maintenance, Violence Reduction Programme, Sexual Offender Programme, and Cognitive Skills Key activities that took place during the 2015/16 Programme (Thinking for a Change). Fiscal Year included: Mr. Chairman, the Sycamore Tree project has • Bridging the Gap IX was held at the Westgate continued during 2015/16. This programme is a re- Correctional Facility. This is a community reintegration storative justice programme that brings together con- fair aimed at bridging the gap between community victed offenders and unrelated victims from our com- services and Corrections. It provides offenders with an munity. The programme is facilitated by Prison Fel- opportunity to learn about community resources prior lowship Bermuda and comprises of eight sessions to discharge and links offenders to resources such as delivered once per week. Further development of the employment agencies, potential employers, housing Restorative Justice initiative saw two inmates volun- agencies, and support services. The fair continues to teering to meet in a conference with members of the be a huge success and proves to be a benefit to those community who had been directly affected by their inmates who attend. offence. This programme is in partnership with the • Father’s Day activities, as I mentioned earlier, Bermuda Police Service and other agencies. were held for inmates housed at the Farm Facility and The intent for the 2016/17 Fiscal Year is to the Westgate Correctional Facility. The aim of these deliver a variety of offending behaviour pro- activities was to strengthen the relationship between grammes/services to our inmates which will include: fathers and their children. • Drug and Alcohol Treatment Programme; • Drug and Alcohol Education Programme; Case Management, Mr. Chairman, is an inte- • Drug and Alcohol Relapse Prevention; grated system involving initial screening and assess- • Violence Reduction Programme (VRP); ments, case planning and monitoring. • Individual Work and Assessment including Five case managers/assessment officers pro- Parole Board assessments, mental health as- vide case planning that is a key element in managing sessment, and one-to-one therapy; inmates as this process also ensures that inmates are • Peer Support Groups/Lifers Groups; and placed in the appropriate environment for treatment; • Restorative Justice Conferencing (in partner- the main objective is always to prepare them to return ship with the Bermuda Police Service), which I to the community as law abiding, responsible, and just mentioned. productive citizens. Initiatives for 2016/17 include: 35106—Social Services and Case Management • Bridging the Gap Reintegration Fair X; and • Reintegration programmes to assist inmates Hon. Michael H. Dunkley: Mr. Chairman, I now turn in reintegrating into society. my attention to cost centre 35106, Social Services and Case Management, which represents a budget of 35107—Health Services $705,000, or 3 per cent of the total budget. Funding provides for staffing of two social workers and five Hon. Michael H. Dunkley: Mr. Chairman, cost centre case managers/assessment officers and inmate pro- 35107, Health Services represents a budget of grammes. $1,505,000, or 6 per cent of the total budget. This The goal of this section is to improve the well- funding will provide for staffing and health care ser- being of those inmates and trainees who have devi- vices for inmates. Health care services include: ated from the norms of society and are in dissension • Physical examinations; with the law. The department’s two social workers, • Dental treatment and hygiene; who are members of the department’s multi- • Chronic disease management—diabetes, disciplinary team, assist inmates and trainees with asthma, hypertension; offence-specific associated problems and help to ad- • Physiotherapy; dress behavioural, social, and financial problems, as • ECG; well as provide a variety of services to the inmates • Phlebotomy; and trainees including the following: • Drug detoxification; and • Anger Management—Controlling Anger and • Learning to Manage It (CALM); Drug screening. Bermuda House of Assembly Official Hansard Report 11 March 2016 1457

Hon. Michael H. Dunkley: Mr. Chairman, I turn my Health Services is staffed by a senior nurse attention to cost centre 35108, Educational Services, and five registered nurses providing services to the still on page B-284, which represents a budget of inmate population at all of the facilities. The extent of $300,000. This allocation provides for salaries and services, i.e., basic to comprehensive are provided to educational supplies. Educational Services provide inmates is based on the inmate’s level of need and the educational programmes at all Correctional Facili- length of incarceration. All inmates are seen upon re- ties to those inmates who wish to pursue their General ception by a registered nurse within a 24-hour win- Education Development Certificate, as well as to dow. This process assesses the initial physical and those who wish to strengthen basic numeracy and mental health of all inmates who are received at the literacy skills. Educational Services are designed to Co-Educational and Westgate Correctional facilities, enable inmates or trainees to achieve a higher level of our main reception facilities. The mission statement of education, enables inmates and trainees to participate Health Services is To respect human dignity and pro- in other programmes, daily life activities, and to pre- vide the highest standard of health care within the cor- pare themselves for a vocation. The Educational Co- rectional setting. ordinator assesses each of the inmates or trainees in The correctional medical officer, Mr. Chair- order to place him or her in the most suitable aca- man, usually sees the inmate within three to seven demic or basic programme. A range of educational days after his or her arrival, and the psychiatrist sees programmes are offered for inmates and trainees and those persons assessed by the nurse or doctor within they include: one week. • Basic English; Some highlights from 2015/16 include: • Basic Math; • Implementation of an assertive outreach pro- • Basic Computer Skills; gramme for mental health clients. This in- • Social Science; volved follow-up of clients up to one month af- • General Education Development Certificate ter release. th (GED); and • Also there has been a completion of the 15 • College Level Courses. annual Oral Hygiene programme in which 16 inmates participated. There have been ap- During the Fiscal Year 2015/16: proximately 500 inmates who have completed • A personal development class was taught to the programme since its inception in 2000. nine inmates at the Co-Ed Facility to help de- velop skills in the areas of self-esteem and Some of the targets for Health Services in self-presentation; 2016/17 are as follows: • Eight soon-to-be released inmates partici- • Reintroduction of HIP health insurance for in- pated in the Fresh Start class, which is de- mates. It is intended that this will reduce the signed to provide them with coping skills; risks and costs of unpredictable health care • Sixty inmates participated in all classes of- expenses and the overall healthcare budget. fered and while many have completed some • Prior to their release, 100 per cent of mental classes and programmes, others are diligently health inmates are to be seen by the Mid- continuing. Mr. Chairman, these numbers take Atlantic Wellness Institute. into consideration that some inmates are in- • Implementation of an electronic medical re- volved in more than one class; cords system. • A new online testing format for the GED has • Continue Mental Health Clients in Corrections been developed and the Bermuda College (MHCC) meetings with external partners such has worked closely with the department to en- as Mid-Atlantic Wellness Institute, Court Ser- sure that the inmates have secured access to vices, and Parole Board. This target was met the new format. This new testing format has during the previous fiscal year. not been without a number of technological • Certification of up to 25 per cent of inmates in challenges and impacted the GED pass rate; Basic Life Support including CPR, AED, and however, Mr. Chairman, I am pleased to say first-aid. Two nurses have now been certified that four inmates have been working diligently as CPR instructors. throughout this new process and thus far one • And there will be a continuation of the Annual inmate has been successful in attaining his Summer Oral Hygiene Programme which is a General Education Development Certificate. joint initiative between the Department of Cor- rections and the Department of Health. I would like to thank Shawnette Somner and her team for the great work that they do in this de- 35108—Educational Services partment. Classes that were held in 2015/16 will con- tinue to be held in the next 2016/17 Fiscal Year. Bermuda House of Assembly 1458 11 March 2016 Official Hansard Report

During the 2016/17 Fiscal Year, Corrections internal and external resources and create revenue will endeavour to implement the E-Learning pro- generating products. gramme for inmates. With the assistance of an exter- nal benefactor, this programme will allow inmates to 35110—Recreational Services take pre-approved high school and college level courses. Hon. Michael H. Dunkley: Mr. Chairman, cost centre 35110, Recreational Services, represents a budget of 35109—Vocational Services $49,000. The role of recreation services is to provide structured leisure time activities in sports, hobbies, Hon. Michael H. Dunkley: Mr. Chairman, I turn now and cultural events at Westgate, Co-Ed, and Farm to cost centre 35109, Vocational Services, which facilities to promote constructive leisure time activities represents a budget of $299,000, or 1 per cent, of the for offenders. Allocation of funds will provide for activi- total budget. ties such as: Art, Ceramics, Wood Sculpture, Sports Vocational Services functions as an integral and Penn Foster Correspondence Courses (amongst part of the programmes and services afforded to in- them, Health and Fitness). This also includes the or- mates and trainees. These services are designed to ganising of annual Arts and Crafts shows to display assist inmates/trainees in pursuing vocational inter- inmate/trainee artwork to the public. The aim is to ad- ests with a view to increasing their employability upon dress the inmates’ social, physical, intellectual, and release. Persons enrolled in such programmes may emotional needs in socially useful ways according to develop new, or enhance old, skills. Additionally, per- their interests. sons may engage in vocational classes for therapeutic The facilitation of daily recreation for all the or personal interest purposes. Funding allocated for facilities is currently being managed by the individual this cost centre provides for staffing and vocational facilities and incorporated into the daily operations. programmes, including in this some materials and supplies. The vocational programmes and services 35111—Chaplaincy Services that are offered in the next fiscal year at Westgate, Farm, and Co-Educational facilities are based on the Hon. Michael H. Dunkley: The last item on page B- population and needs, and include Horticulture, 284, Mr. Chairman, 35111, Chaplaincy Services, Graphics, Carpentry, Life Skills, Sewing, Crochet, Cor- represents a $41,000 budget for Fiscal Year 2016/17. respondence/Distance Learning Courses, Culinary This funding provides two part-time chaplains who Arts, and Drywall, Mr. Chairman. continue to offer spiritual enrichment and, of course, Highlights from the 2015/16 Fiscal Year in- guidance to our inmates. The chaplains coordinate clude: services and religious instruction from the various de- • The department hosted two craft markets at nominations and also provide counselling to inmates. which inmates were allowed to display and Prison Fellowship, whose focus is on restorative jus- sell their craft items. These markets gener- tice and religious programming, continues to partner ated great interest from both the public and with the Department of Corrections in providing pro- visitors to the Island. grammes for inmates. Some of these programmes • Certificate presentations were held for in- include: mates who completed the Culinary Arts pro- • Angel Tree Programme, which provides gramme, the Graphics Course, NCCER Core, Christmas gifts for children of inmates; and NCCER programme. • Back to School Programme, which supports • The students who completed NCCER Core children of inmates to acquire necessary re- are now participating in the NCCER Drywall sources and tools for school. programme. Recruitment, Training and Development The vocational classes are designed in work- shop, classroom, and independent/self-study formats. Hon. Michael H. Dunkley: Now, Mr. Chairman, I will Participants are assessed for baseline skill and apti- turn my attention to recruitment, training, and devel- tude levels, and further assessment is conducted dur- opment. The Department of Correction’s strategy for ing or at the completion of each programme as nec- the fiscal year is to limit training to the local arena in essary. Mr. Chairman, inmates participating in voca- order to best utilise resources and be efficient with tional programmes have assisted with the mainte- allocated funding. nance, repair, and the fabrication of departmental Highlights of the 2015/16 Fiscal Year includes property. This affords the department expansive ser- the initial recruit training of 10 correctional officers (re- vices at a very low cost with good, skilled labour. The cruits) and subsequent deployment to facilities to fill prioritised initiatives are not only targeting vocational vacancies that have arisen due to retirements and/or skill development, but are also intended to generate resignations. These officers were a welcome addition

Bermuda House of Assembly Official Hansard Report 11 March 2016 1459 to facilities which in some cases were well below their • Staff training hours totalled approximately authorised staffing levels. 5,939. Training was external and internal and included, but was not limited to the following: Performance Measures o Introduction to new policies; o Use of the CCTV cameras (and there Hon. Michael H. Dunkley: The department’s per- has been a reinvestment in those formance measures forecasted for 2016/17 are out- over the past year and that contin- lined on pages B-286 and B-287 and include some ues); information that is useful: o Facilitator Training for Offending Be- • The average daily inmate population; haviour Programmes; • There were 72 admissions for the year which o Saving Children and Revealing Se- were first-time offenders who received custo- crets (SCARS) training; dial sentences and this represents a decrease o CPR and AED (which I mentioned of 25 per cent from the previous year; previously); • The forecasted outcome of inmates released o Baton Training/Defensive Tactics on parole is 35. To date, 36 inmates were Training; successful in receiving parole. Mr. Chairman, o Various Department of Human Re- as you are well aware, parole provides an op- sources training courses; and of portunity for inmates to return to the commu- course, appropriately needed nity under supervision and to receive the nec- o Understanding the Therapeutic essary support during their re-entry; Community. • There were no assaults (major/minor in- mate/inmate, inmate/officer or trainee/trainee) • In June 2015, Mr. Chairman, the department nd reported for the 2014/15 Fiscal Year, Mr. held its 2 annual Corrections Week (2015). Chairman. It must be noted that staff are chal- A number of activities took place during the lenged constantly by inmates’ negative behav- week to better educate the public on Correc- iour and the department has a zero tolerance tions in Bermuda, and, of course, to celebrate to any assault of any category; all Corrections staff and showcase and cele- • Mr. Chairman, there were 707 inmates en- brate the vital role they continue to play in our rolled in development and treatment pro- community. grammes aimed to address the offending be- • The department remains heavily engaged in haviours, address educational and vocational community service and charity work. In addi- needs, and to improve skill development; tion to having inmates work at senior citizen • The Department of Corrections calculates its rest homes and charities, inmates have as- recidivism rates according to internationally sisted other government departments, such accepted practices. Based on these stan- as Parks and Works and Engineering, and dards, the rates include persons who have a community groups throughout the Island. Ad- conviction for a new offence within one, two ditionally, inmates have assisted in several and three years of their release. The actual projects within our facilities, such as painting outcome for 2014/15 is as follows: and general maintenance. • o Year 1 was 14.37 per cent; Mr. Chairman, as you can imagine, security is o Year 2 was 21.84 per cent. a major focus of our operations and we con- These are, I think, commendable numbers stantly endeavours to improve security meas- and certainly trending in the appropriate direc- ures to combat breaches. tion. o A new specialised security vehicle was introduced to our fleet and has Mr. Chairman, I want to take this opportunity greatly benefited the department in to highlight some of the department’s achievement in improved security and safety of staff, 2015/16: inmates, and the public in general. • Continued use of the video conferencing at o As I mentioned, there have also been Westgate Correctional Facility has not only upgrades to the CCTV system with assisted in reducing the number of staff re- Phase 1 completed and Phase 2 at quired for external court escorts during 80 per cent completion. monthly arraignments, but perhaps more im- o The Co-Ed main security gate has portantly, it allows more efficient management been completed which has greatly of inmates with gang affiliations during their improved the security of the facility court appearance via video conference. and will limit access to the property. o Portions of the Westgate fire alarm system were replaced due to health Bermuda House of Assembly 1460 11 March 2016 Official Hansard Report

and safety concerns and that pro- gramme continues. HEAD 45—BERMUDA FIRE AND RESCUE

Mr. Chairman, despite the many challenges Hon. Michael H. Dunkley: I will turn my attention now faced by the Department of Corrections, staff remain to Head 45, Bermuda Fire and Rescue Service, Mr. dedicated and seek ways to address those chal- Chairman. It can be found on pages B-288 to B-290 of lenges, including working with union representatives the Budget Book. and other stakeholders and partners in order to I present this Head proudly as a long-time achieve our mission and mandate. volunteer in the Bermuda Fire Service (in those days). • Security breaches remain a concern as there And I still remember a lot of the skills, and I still recall have been breaches to the outer perimeter the time that I had to do my ladder training and being that have been intercepted by Corrections afraid of heights at certain moments. staff. I am pleased to have the opportunity to pre- • Maintaining staffing levels due to resignations sent this budget estimate for Head 45. and retirements. And the department has taken advantage of legislation which allows ANNOUNCEMENT BY CHAIRMAN officers to be extended in service based on the needs of the department. HOUSE VISITOR • Management of high-risk inmates, particularly those with gang affiliation, tends to be a chal- The Chairman: I would like to take this opportunity to lenge. recognise the former Premier, Dr. Saul, with us here today. He is undercover with that little bit of a mous- Mr. Chairman, the Department of Corrections tache and beard, but . . . will undertake the following Initiatives for the 2016/17 Fiscal Year (and this is not all-inclusive): [Desk thumping] • There will be a manning review of the depart- ment’s staffing levels to ensure that staff de- [HEAD 45—Bermuda Fire and Rescue, continuing] ployment is consistent and allows facilities to run effectively in a secure and safe manner. Hon. Michael H. Dunkley: Mr. Chairman, the mission • There will be finalisation of new management of the Bermuda Fire and Rescue Service (BFRS) is: structure, implementation of succession plan- “To provide adequate fire protection and emergency ning, and development of a training plan for medical services for all areas of these islands. To ex- the department. tinguish fires, protect life and property in case of fire, • There will be completion of a structural review road traffic accident, or other calamity as defined by of the physical plants which will assist in de- the fire service act or subsequent regulations.” termining long-term management and mainte- It also provides Airport Rescue and Fire Fight- nance of the physical plants and equipment. ing [AARF] at the L. F. Wade International Airport. This will be done with the assistance of the The department’s objectives for Fiscal Year Department of Works and Engineering. 2016/17 are among the following: • Mr. Chairman, all programmes including in- • To implement a Home Fire Service pro- dustries and work programmes and facility re- gramme; gimes will continue to be examined and re- • To implement the new Fire Safety Act, which vamped as necessary to ensure that those was passed in this House after going through programmes are relevant and a sufficient level I think at least 14 drafts; of quality is maintained in them. Changes will • To continue re-certification in aircraft fire fight- be made to the facility operations to improve ing for personnel attached to the Airport Op- the daily regime of inmates, particularly for the eration Division; long-term inmates and young offenders. • To continue core competency skills training • Mr. Chairman, activities are being planned to programme to all operational fire fighters; celebrate Corrections Week 2016. This will be • To continue Leadership training courses for the third year that that will be celebrated. middle managers; • We will continue to work to expand work re- • To continue training courses for succession lease opportunities for qualified inmates at planning for senior managers; Westgate. • To continue with specialised training for fleet maintenance and the repair of the airport Mr. Chairman, with those comments I would crash/fire apparatus; like to now close by thanking Commissioner of Cor- • To re-validate all Emergency Medical Dis- rections Lamb and all his colleagues for the work that patchers in accordance with the Association they do 24/7/365 for the people of Bermuda. Bermuda House of Assembly Official Hansard Report 11 March 2016 1461

of Public Safety Communication Officials been increased by $111,435, which represents a (APCO); slight 2 per cent increase. • To provide specialised Leadership Training courses for middle management officers; 55070—Emergency Medical Service • They will also focus on specialised technical training for middle management officers (in Hon. Michael H. Dunkley: Cost centre 55070, Emer- areas where they need to improve slightly); gency Medical Service, has a budget of $157,000. • They will continue with training courses for This cost centre, Mr. Chairman, solely repre- senior management to assist with a view for sents salaries allocated to the chief fire officer for the succession planning; overall operational management of the Bermuda Fire • The will implementation of Phase I of the or- and Rescue Service. ganisational structure and staffing of the Ber- muda Fire and Rescue Service; and 55090—St. George’s Emergency Fire Services • There will be installation of mobile data termi- nals in five fire apparatus. Hon. Michael H. Dunkley: Cost centre 55090 is the St. George’s Emergency Fire Services with a budget Mr. Chairman, I am pleased to provide a short of $1,204,000. overview of the cost centres and their changes for The St. George’s Emergency Fire Services 2016/17 as it compares to 2015/16. cost centre covers the provision of Fire and Emer- The Bermuda Fire and Rescue Service gency Medical Services for the Clearwater Fire Sta- Budget allocation is $12,506,000 and can be found on tion, located at Southside in St. David’s. This station page B-288, and this represents a decrease of 4.6 per responds to emergency medical, fire, and hazardous cent. material incidents, as well as provides support to the Due to budget reductions, the Bermuda Fire Airport Operations Division of the Bermuda Fire and and Rescue Service has made the appropriate ad- Rescue Service for any aircraft incidents. The Ber- justments in most of its cost centres to attempt to work muda Fire and Rescue Service has partnered with with the budget. I will highlight some of the most nota- Bermuda Hospitals Board to continue to provide the ble changes. Island-wide joint ambulance initiative. You will recall, Mr. Chairman, that this initiative started in January of 55080—Other Services Central 2015. This division has a total of 13 personnel provid- ing 24/7 emergency coverage on a four-shift system Hon. Michael H. Dunkley: Cost centre 55080, Other as well. This cost centre has decreased by $122,869. Services Central, has a budget of $277,000. Mr. Chairman, before I move on, I would just This cost centre is responsible for the mainte- like to mention the Emergency Ambulance Service nance of all Bermuda Fire and Rescue Service vehi- has covered the Island from the east to the west, and I cles and equipment. This division consists of four per- think that so far it has been a great additional service sonnel who have the task to ensure that all emer- to Bermuda. And I have to commend the officers of gency vehicles and related equipment are maintained the Bermuda Fire and Rescue Service and those at to manufacturer and, of course, recognised safety the hospital for working seamlessly together to im- standards. Funding in this cost centre also includes prove emergency service to the most extreme posi- cost for the service’s cook who provides meals to staff tions of the Island in a very cost-effective manner. weekdays and during emergencies. This cost centre has been increased by $8,168, which also represents 55100—Emergency Medical Services a slight increase in the region of 3 per cent. Hon. Michael H. Dunkley: Emergency Medical Ser- 55060—Central Emergency Fire Service vices, cost centre 55100, Mr. Chairman, has a budget of $65,000. And in contrast to the centre that I just Hon. Michael H. Dunkley: Cost centre 55060, Cen- finished talking about, this allocation covers the pur- tral Emergency Fire Service has a budget of chase of emergency medical supplies for the Ber- $5,468,000. muda Fire and Rescue Service. This cost centre has The Central Emergency Fire Service cost cen- not increased in comparison to the 2015/16 budget. It tre covers the provision of Fire and Emergency Ser- is anticipated that this cost centre may increase vices from the Hamilton Fire Station, a short distance slightly in the next fiscal year due to further changes from here in King Street. This station responds to fire, within the Island-wide joint ambulance initiative. road traffic accidents, and hazardous material inci- dents, and also provides support to all the other fire 55120—West End Emergency Fire Service stations in the east and the west when it is required. The Hamilton Station has a total of 56 personnel, Hon. Michael H. Dunkley: Cost centre 55120, West 24/7, with a four-shift system. This cost centre has End Emergency Fire Service, has a budget of Bermuda House of Assembly 1462 11 March 2016 Official Hansard Report

$903,000. And this cost centre covers the provision of Hon. Michael H. Dunkley: Cost centre 55170, Gen- services from the Port Royal Fire Station, up in your eral Administration, has a budget of $930,000. And as home country, Mr. Chairman, located at Middle Road the name suggests, it provides for general administra- in Southampton. This station responds, like others, to tion at the Southside Headquarters and the Hamilton emergency medical, fire, and hazardous material calls Station. The General Administration section ensures and does provide support, when required, to the Ham- that the entire operation of the Bermuda Fire and ilton and Clearwater Stations for emergencies. This Rescue Service are managed professionally; namely, station has a total of nine personnel providing 24/7 the budget, salaries, inventory, and staff leave. This coverage on a four-shift system. And the way, typi- cost centre currently has seven personnel. cally, that these stations provide support is if Clearwa- ter is called out for something, Hamilton resources will 55190—Emergency Dispatch shift east and the same with the west end resources. So if members of the public see a vehicle in the Shelly Hon. Michael H. Dunkley: Cost centre 55190, Emer- Bay parking lot, that is what they are doing, they are gency Dispatch, Mr. Chairman. This cost centre pro- shifting—or down by the Rubber Tree. vides Emergency Dispatch coverage for all 911 emer- gency calls covering all of our nine parishes. This cost [Inaudible interjection] centre has 14 personnel. Each year all emergency medical dispatchers are required to be re-validated in Hon. Michael H. Dunkley: They are not hanging out, accordance with the Association of Public Safety well, they are hanging out, but they are doing a very Communication Officials (APCO). important service. 55200—Airport Fire Station 55150—Training Hon. Michael H. Dunkley: Cost centre 55200, Airport Hon. Michael H. Dunkley: Mr. Chairman, cost centre Fire Station, has a budget of $2,572,000, and this 55150, Training, has a budget of $113,000. Funding provides Airport Emergency Rescue and Fire Fighting allocation in this cost centre represents costs associ- Services at the L. F. Wade International Airport, as is ated with the further development of officers and prescribed, Mr. Chairman, by the Overseas Territories NCOs throughout the various divisions of the Ber- Aviation Requirements [OTAR], Part 140, and the muda Fire and Rescue Service. In February 2014, Bermuda Department of Civil Aviation. This cost cen- four officers successfully completed the National Fire tre has 24 personnel. Additionally, this cost centre Protection Association, Fire Officer Level 1 Manage- was reduced by $617,357 which represents a ment Course at the Dallas Fort Worth Fire Training 19.35 per cent reduction. Research Center, which is a wonderful facility. These various development programmes are designed to 55110—Eastern Volunteer Division prepare officers and NCOs for further promotion within the Service. This cost centre has been decreased by Hon. Michael H. Dunkley: And lastly, cost centre $45,000 for the next fiscal year. 55110, Eastern Volunteer Division, has a small budget of $7,000. Funding in this cost centre represents costs 55030—Fire Prevention Training associated with the Eastern Volunteer Division which currently consists of seven volunteer fire fighters. And Hon. Michael H. Dunkley: Cost centre 55030, Fire these volunteers continue to support the full-time staff Prevention Training, in contrast to the just mentioned during emergency incidents and they provide a very cost centre, this allocation covers the training costs for valuable service in particular when there are aircraft the Fire Prevention Division which consists of three incidents or hurricanes. lieutenants. Mr. Chairman, the Fire Safety Act 2014 was passed in Fiscal Year 2014/15 and it is expected Capital Expenditure that it will eventually generate revenue in 2016/17 for new licensing fees, which are at an appropriate level. Hon. Michael H. Dunkley: Mr. Chairman, on page C- The Fire Prevention Division also hosts the yearly Fire 14, Capital Expenditure, you will note that there is no Prevention Week which promotes fire awareness in expenditure required for the next fiscal year. schools and the community. Mr. Chairman, one of the keys for the Ber- Manpower muda Fire and Rescue Service has been fire preven- tion and fire training, which they continue to do a good Hon. Michael H. Dunkley: In regards to Manpower, job of to protect our community. the full-time complement has decreased from 133 in 2015/16 to 128 personnel for the next financial year. 55170—General Administration This new complement represents unfilled and un- funded posts in addition to loss through attrition, re- Bermuda House of Assembly Official Hansard Report 11 March 2016 1463 tirement or, unfortunately, death. Notwithstanding, the tional Exhibition for rescue, suppression, dis- Fire Service has recruited six fire fighter positions dur- aster management, and fire safety. This is the ing the fiscal year 2015/16. largest event of its kind and is only held every four years. Performance Measures • Watch Commanders David DeCouto and Damon Smith, Fire Fighters Dwight Tucker, Hon. Michael H. Dunkley: Mr. Chairman, the De- Phillip Bailey, Paul Hollis, and David Lambert partment’s Performance Measures can be found on successfully completed Aircraft Rescue Fire page B-290. Members will note that the Output Meas- Fighting Re-certification Course at the Fire ures in the Budget Book are presented in sequential Emergency Services Training Institute in To- order by cost centre. I would just highlight a few nota- ronto, Canada. ble achievements that you have seen there. • In October 2015, seven Recruit Fire Fighters The average response time per call is seven attended the Fire Emergency Services Train- minutes, which I think is very good. If you look through ing Institute in Toronto, Canada and received those performance measures you can see some in- National Fire Protection Association Certifica- teresting numbers on the East End Emergency Fire, tion as Aircraft Rescue Fire Fighters, and after West End Emergency Services, and the Emergency further additional examinations, they all Dispatch and the Central Emergency, about the per- earned three professional accreditations from centage of calls and numbers dealing with that. They the Institute of Fire Engineering, a first for any have information on the Airport Operations Division as Recruit Class. well as Medical Dispatch. Mr. Chairman, in 2009 the Bermuda Govern- Mr. Chairman, I pleased to advise that six ment requested the services of the Office of the Chief personnel are continuing with their aspirations of Fire and Rescue Advisor (United Kingdom) and this working towards achievement of Bachelor’s Degrees was done to conduct a review of the Bermuda Fire in Fire Science and Management disciplines via long- and Rescue Service. The review was completed and distance learning. To date, one officer has attained a a report was prepared and approved by Cabinet a Master’s Degree in Public Administration, and a couple of years ago. The Chief Fire Officer in conjunc- Bachelor’s Degree in Fire Science. One officer will tion with the Ministry of National Security has devel- soon attain a Bachelor’s Degree in Occupational oped a strategic plan which is ongoing. Safety and Health Fire Science with a concentration in The Service continues to encourage its per- Fire Science, and another a Master’s Degree in Public sonnel to undergo career development and skill certi- Administration. fication opportunities both locally and abroad, where Mr. Chairman, as Honourable Members of this appropriate. During the past year, the following per- House are aware of the fiscal challenges we face, the sonnel have successfully completed the respective Bermuda Fire and Rescue Service will continue to training: endeavour to provide emergency services at the high- • Senior Fire Officer Lieutenant Troy Furbert est standard of operational efficiency. The dedication completed the International Brigade Com- of the entire team, led by Chief Lloyd Burchall, has mand Course. been confirmed on numerous occasions by letters of • Fire Fighter Mark Pacheco, I believe whose appreciation from members of the community for the father used to be the Deputy Chief, and Fire emergency services and community service efforts. Fighter Phillip Bailey, attended the Interna- So I would like to take this opportunity to tional Fire Training Centre in the UK, and suc- thank and congratulate Chief Fire Officer, R. Lloyd cessfully completed the Crew Command— Burchall and all of the members of this Service for Incident Command Course. their continued efforts on behalf of the people of Ber- • Lieutenant Mark Taylor and Sergeant Robert muda. And Mr. Chairman, I can personally tell stories Fox travelled to Dallas, Texas and received where I have been [contacted] directly by members of international certification as Fire, Arson, and the public and overseas people commending the Explosion Investigators from the National As- Bermuda Fire and Rescue Service for the work that sociation of Fire Investigators. they have done. • Lieutenant Albert Donawa, Sergeant Scott So, Mr. Chairman, that concludes my com- Quinn, and Sergeant Allan Wilkinson success- ments on the Bermuda Fire and Rescue Service, fully completed the National Fire Protection Head 45. Association, Fire Officer Level 1 Management We are in the final Head, Head 88, the De- Course at Dallas Fort Worth Fire Training and partment of National Drug Control. Research Centre. • Divisional Officer Morris White and Divisional HEAD 88—DEPARTMENT FOR NATIONAL DRUG Officer Dana Lovell travelled to Hanover, CONTROL Germany to attend the Interschultz Interna- Bermuda House of Assembly 1464 11 March 2016 Official Hansard Report

Hon. Michael H. Dunkley: Again, I am pleased to Hon. Michael H. Dunkley: Mr. Chairman, as we present the current accounts estimate for the Depart- change and have Madam Chairman— ment for National Drug Control (DNDC), which can be d) To provide support, advocacy, and resources found starting on page B-291 of the Estimates Book. to stakeholder ministries, departments, and The department has been allocated the sum of community partners to enhance efforts in $4,179,000, which is an increase of $258,000. achieving goals in the National Drug Control The Department for National Drug Control Strategy. plays a key role in the Ministry for National Security The DNDC manages and administers both with respect to addressing one of the foremost social grant funds to partner agencies providing prevention issues affecting Bermuda today—substance misuse and treatment services as well as a budget for core and abuse. The Department for National Drug Control administration functions, drug prevention, drug treat- provides leadership and policy coordination for the ment, community development, and, research/policy planning, development, implementation, and evalua- initiatives. Funds are also allocated to assist in the tion of a comprehensive national system of alcohol, implementation of the National Drug Control Master tobacco, and other drug prevention. It also provides Plan and its actions. treatment and rehabilitation services. In its leadership The department has 27 staff. The National Of- role, the Department for National Drug Control is fice is presently staffed by a director, six technical offi- charged with facilitating collaboration with all agencies cers, and one full-time administrative staff. Direct staff- involved in the national drug control effort, including ing support to the Nelson Bascome [Centre for Sub- supply reduction and demand reduction efforts. The stance Abuse Treatment] facility in the West End is department is also responsible for establishing targets provided by 19 clinical and support posts currently and standards of performance for initiatives support- assigned to the Women’s Treatment Centre and, of ing the National Drug Control effort. course, to the Men’s Treatment Centre, Madam Subsequently, the mission of the department Chairman. There are currently six vacancies within the is to lead efforts to reduce alcohol abuse and drug treatment programmes. All vacancies have been ap- misuse. proved and will be filled permanently within the fiscal The strategic goal of the department is to ad- year 2016/17. vocate for the adoption of effective measures to sup- Over the next fiscal year the DNDC plans to port substance abuse prevention and treatment of do this among other things: drug dependence on the Island, and the employment • To continue to monitor active initiatives identi- of a balanced approach to supply and demand reduc- fied within the revised National Drug Control tion efforts. In support of the strategic goals that the Master Plan 2013–2017, and to provide an DNDC lays out, such as: update to the public on relevant activities, a) They will be guided by the National Drug Con- progress and challenges. trol Master Plan, the DNDC will coordinate the • It will continue to promote and disseminate development, management, implementation, public information about the health and social and the monitoring and evaluation of all na- consequences of alcohol, tobacco, and drugs tional-level drug control efforts including the via all forms of media through March 2017 in- formulation and implementation of national cluding Facebook, YouTube, and text mes- drug control policies and national strategies, saging. incorporating supply and demand reduction • They will continue the implementation of drug activities through a balanced inter- prevention programmes, such as Al’s Pals agency/departmental approach; and Teen Peace, in collaboration with the b) It will strengthen and develop sustainable Ministry of Education which is supported in drug prevention and drug treatment services the National Prevention Strategy. by providing policy direction and technical • They will continue to train educators and re- oversight guided by the National Drug Abuse train those currently staffed to ensure the fi- Prevention and Treatment Strategies; delity of the programme and its continued im- c) It will continue the development and mainte- plementation. nance of the National Drug Information Net- • They will continue on the National School work (BerDIN) to provide comprehensive in- Drug Policy to assist in the management of formation on the drugs phenomenon in Ber- drug-related issues within our schools. muda and drug-related issues affecting spe- • They will operate the male and female resi- cific community groups and the overall soci- dential drug treatment programmes at the ety; and finally, Nelson Bascome [Centre for] Substance Abuse Treatment facility. [Mrs. Susan E. Jackson, Chairman] • They will ensure that both programmes in the Nelson Bascome [Centre for] Substance Abuse Treatment facility continue with their in- Bermuda House of Assembly Official Hansard Report 11 March 2016 1465

ternational accreditation with CARF Interna- • They provided supportive housing for females tional as per the National Drug Control Act through the Women’s Treatment Centre for 2013. nine clients, while supportive housing for • They will develop and implement regulations males continued to be provided by Focus addressing licensing and registration for drug Counselling Services who have been assisted treatment and drug prevention facilities to by a grant dispersed by the DNDC. support that Act. • The Men’s Treatment programme, Madam • They will continue to lead efforts in imple- Chairman, is located in the Nelson Bascome menting initiatives to address underage drink- [Centre for] Substance Abuse facility and has ing, Madam Chairman; and achieved their accreditation. The Women’s • They will support efforts to address Treatment Centre and the Bermuda Hospital’s drunk/drugged driving through DUI program- Board, Turning Point Substance Abuse ming following necessary changes to the leg- Treatment Programme have maintained their islation. accreditation status of a three-year award. CARF Accreditation is spearheaded and Key policy focuses will be on alcohol abuse funded by the DNDC in support of the Master and road safety (driving under the influence) with a Plan. continued emphasis on the underage drinking and on • They continue with solid working relationships a National School Drug Policy. continued with the Bermuda Police Service Key legislative initiatives will include amend- and HM Customs as partners in the National ments aimed at the management of drunk or drugged Drug Control Master Plan. driving and synthetic cannabinoids, along with the im- • The Bermuda National Drug Information Net- plementation of regulations to support the Liquor Li- work (BerDIN) continued with the collection of cence Amendment Act 2014 as it relates to TIPS and data from key stakeholders. Cabinet has ap- to the NDC Act 2013 as it relates to licensing and reg- proved the implementation of the data man- istration of facilities, centres, and programmes. agement system to be implemented to en- Madam Chairman, during the Fiscal Year hance the data collection and analysis proc- 2015/16, the DNDC concentrated its efforts on the ess for all stakeholders. Phase I went live at continued implementation of the National Drug Control the end of January 2016 and it is hoped that Master Plan, its Action Plans, and the implementation Phase II will be completed in 2016/17. The of elements of the Demand Reduction Strategies for annual BerDIN meeting was held with all net- Prevention and Treatment in alignment with the NDC work members in November 2015. This an- Act 2013. nual event, Madam Chairman, has greatly in- They have achieved much during that time, creased understanding and information shar- Madam Chairman, they have: ing within the network. • Continued the implementation of the After- • They continue with consumer satisfaction sur- School Drug Prevention Programme for mid- veys, stakeholder feedback surveys, and dle schools, called “Teen Peace” at four mid- quality records reviews which were completed dle schools. within the DNDC, Women’s Treatment Centre, • They have continued with the Al’s Pals pro- Men’s Treatment Centre, and the Right Living gramme in collaboration with the Department House under Corrections. of Education, with the majority of public and • TIPS Regulations were developed and pro- private pre-school teachers and P1 and P2 vided for drafting with the Attorney Generals teachers in the public schools, providing the Chambers, and work has commenced on the programme in their classrooms. Approxi- development of regulations to guide licensing mately 237 students across 8 of the 10 Gov- and registration of substance abuse treatment ernment pre-schools have participated in this centres/facilities. programme. • They have continued with drug prevention And finally, Madam Chairman, the DNDC pro- education and training with: presentation on vided grants to five stakeholder agencies to support synthetic drugs; education of parents and the efficient and effective delivery of prevention and young people about the facts of marijuana treatment services. Agencies included: PRIDE, CADA, and the negative consequences of adolescent Focus Counselling Services, Salvation Army Harbour marijuana use; and the displays of drug facts Lights/Salvation Army Community Life Skills, and the in public buses. Bermuda Addiction and Certification Board (BACB). • They have continued the provision of residen- Funding was sourced from fiscal year 2014/15 and no tial substance abuse treatment for adult males funding was made available in fiscal year 2015/16, but and females at the Nelson Bascome [Centre money was given out of Cash Back [for] Communities. for] Substance Abuse Treatment facility. Bermuda House of Assembly 1466 11 March 2016 Official Hansard Report

Madam Chairman, I am pleased to be able to on, but they do make a difference and it would be provide an analysis by cost centre of the changes for great to see more members of our community, espe- 2016/17 compared to 2015/16. cially the corporate community, to get involved. There are many members who show their support, but with 98000—Administration more we can have more success. So thank you to CADA and the National Drug Control for this pro- Hon. Michael H. Dunkley: Administration, the esti- gramme. mate for 2016/17 is $960,000, an increase of $283,000 over the previous year. 98020—Prevention Administration obviously provides the organ- isational framework in support of the mission and Hon. Michael H. Dunkley: Prevention, line item mandate of the department. Its resources are aimed 98020, on page B-291, has a budget estimate for primarily at recurrent expenditures and Grants and 2016/17 of $219,000, a 10 per cent decrease from the Contributions to the treatment and prevention pro- last year. grammes. Obviously this is to provide support in the [An amount of] $677,000 of the $960,000 Prevention Unit. Funds will be utilised to improve cov- covers employee expenses and other operational ex- erage of drug prevention measures within the com- penses. The 42 per cent increase in this cost [centre] munity, to improve opportunities for school-based pre- is representative of funding provided for grants in the vention initiatives, and to increase access for young amount of $283,000. You can see in the Budget Book people to targeted prevention programmes. Funding the successful implementation of the administration will also be utilised to support the implementation of functions will be based on the performance measures the National School Drug Policy and for the continued that are listed. training of facilitators for the Al’s Pals programme. The Prevention Unit facilitates the Teen 98010—Community Development Peace programme initially in five public schools, and also supports the implementation and integration of Hon. Michael H. Dunkley: Community Development, the Al’s Pal Programme at the pre-school and primary line item 98010, on page B-291, the estimate for levels. Funding is allocated within the cost [centre] to 2016/17 and for 2015/16 is $270,000. support facilitators and also to allow the purchase of The allocation to Community Development is resources in an effort to sustain these programmes. the same. Funding is allocated to facilitate activities The successful implementation of the Preven- that are primarily targeted towards public education, tion Unit functions will be based on performance community development, information dissemination, measures which you can find in the Budget Book. and to support the grant to CADA (which you can find on page C-20, Grants and Contributions). 98030—Treatment The goal of this unit, Madam Chairman, is to educate the public about the harms of alcohol and Hon. Michael H. Dunkley: Madam Chairman, Treat- drug use; to ensure the provision of clear and sus- ment, page B-291, has a budget of $397,000 for tained messages to our young people that “no use of 2016/17, the same as in the current financial year. alcohol, tobacco, or other drugs is acceptable”; and to This cost centre has allocated that money to fund al- involve families, schools, and community organisa- location throughout our facilities for the implementa- tions in alcohol/drug prevention efforts. tion of key activities geared towards achieving the Madam Chairman, I do not think I can say that goals of the National Treatment Strategy, including forcefully enough to show the critical importance of the CARF Accreditation fees and resources; addiction the work that has to be done in that area. specific training and AccuCare Client Management CADA works in close collaboration with the system licence and training. Funds allocated to sup- DNDC to provide community education on alcohol as port the grant for the Bermuda Addiction Certification well as to provide the server training programme board (BACB). This fiscal year, their focus will remain (TIPS) which is mandated within the Liquor Licensing on maintaining CARF Accreditation for the Men’s Act Amendment 2011. A grant of $100,000 is allo- Treatment programme, the Women’s Treatment Cen- cated to CADA to support these activities within this tre, and Turning Point (which is operated by BHB) as cost [centre]. Other initiatives for the Community De- required under the NDC Act 2013, which we passed velopment unit are to assist in highlighting drunk/drug here. driving and road safety initiatives through public edu- Continued efforts will be directed at consoli- cation, and to continue awareness campaigns di- dating the use of the AccuCare Client Management rected at underage drinking and adolescent drug use. system in all drug treatment programmes. The Madam Chairman, I would like to take this op- $100,000 grant provided to the BACB provides inter- portunity to thank CADA for the great work that they national certification testing for both prevention and do in our community. I think it is often not focused in treatment professionals and some funding to support Bermuda House of Assembly Official Hansard Report 11 March 2016 1467 addiction-specific training to enhance workforce de- Hon. Michael H. Dunkley: The National Drug Control velopment in this specialty area. Master Plan, line item 98080, on page B-291, the Performance measures can be reviewed in budget remains unchanged at $35,000. the Budget Book. And this is to provide for the effective imple- mentation of the Master Plan; cross-ministry initiatives 98050—Research and Policy Development with the Police, Customs, and Corrections; evaluation of the Master Plan and, as always, to encourage co- Hon. Michael H. Dunkley: In regards to Research operation and involvement of other Government de- and Policy Development, on page B-291, line item partments and civil society in the implementation of 98050, the estimate for the coming financial year is Master Plan initiatives. $305,000, a decrease of $15,000 from the current fi- nancial year. Grants and Contributions Madam Chairman, the Research and Policy Development Unit cost [centre] is a 5 per cent reduc- Hon. Michael H. Dunkley: Grants and Contributions, tion. The funds will be used to facilitate information which I have mentioned briefly, on page C-20. The gathering and analysis, monitoring and evaluation, as department for National Drug Control is established in well as any relevant legislation and policy develop- part [as a] service delivery unit but cannot provide all ment initiatives prioritised within the Ministry. The pri- of the needed services required within the community. mary activities of the Research unit will be geared to- The DNDC, therefore, depends greatly on purchasing wards collection and dissemination of reliable data services in the treatment and prevention areas to real- through the Bermuda National Drug Information Net- ise its mandate. It is anticipated that the allocations for work (BerDIN), identifying emerging trends and pat- fiscal 2016/17 of $482,000 listed under Grants and terns of drug use, evaluation of the current drug con- Contributions of the Budget Book will be used towards trol efforts, and providing coordination and implemen- providing grants to CADA, the Bermuda Addiction tation of the important National Drug Control Master Certification Board (BACB), PRIDE, and Salvation Plan and Action Plan. The budget reductions could Army (Harbour Light and Life Skills programmes). decrease the number of community surveys, but in- CADA and BACB provide essential activities required formation will still be effective to provide services. by legislation. CADA’s TIPS programme is mandated under Section 39B of the Liquor Licence Act 1974. 98060—Men’s Treatment PRIDE provides Life Skill programmes within the pri- mary school levels to support drug education and pre- Hon. Michael H. Dunkley: In regards to Men’s vention and Salvation Army provides residential drug Treatment, line item 98060, on page B-291, the treatment and life skills for males, which are very im- budget is unchanged from the current financial year to portant. the next financial year of $890,000. In closing, Madam Chairman, the Department This provides the operational and staffing cost for National Drug Control will continue to work collabo- required to provide outputs to meet the treatment and ratively with other key ministries such as Health, Edu- rehabilitative needs and goals of adult males needing cation, and departments such as Corrections, Court residential treatment at the Nelson Bascome [Centre Services, the Police, and Customs to ensure the im- for] Substance Abuse [Treatment] facility in the West plementation of a balanced approach to efforts made End. This programme is CARF accredited. in achieving a healthier and drug-free Bermuda. The effectiveness of the Men’s Treatment With those comments closing off Head 88, I programme is based on the performance measures would like to take this opportunity to thank the Director which you can find in the Budget Book. Joanne Dean for the excellent work by her and her team in the Department for National Drug Control. 98070—Women’s Treatment Centre And this brings to a close my presentation on the Min- istry of National Security and I invite comments and Hon. Michael H. Dunkley: In addition, the Women’s questions from Members of the Honourable House. Treatment Centre, 98070, the budget is unchanged at $1,103,000. The Chairman: Thank you, Premier and Minister of It provides the services at the same Nelson National Security. Bascome [Centre for Substance Abuse] Treatment I just would like to say that this debate ends at facility for women. It is also CARF Accredited, and 4:45, so we have about an hour and a half. currently, Madam Chairman, has the “gold star” inter- Would anyone like to speak to the Heads? national accreditation rating for 2014–2016. The Chair would now like to recognise the Shadow Minister of Public Safety, MP for constitu- 98080—National Drug Control Master Plan ency 15, Mr. W. H. Roban.

Bermuda House of Assembly 1468 11 March 2016 Official Hansard Report

Mr. Walter H. Roban: Thank you, Madam Chairman. anyway because I did not have the opportunity to hear Thank you for the opportunity to contribute to this de- the brief. bate. So, yes, my question on that particular head I think there is one thing we can be sure of. matter is, has there been a decrease in the number of This is a very large Ministry with quite a far reach. It is, applications to the Board, which accounts for the ac- I think, the third largest Ministry in Government in the count reduction. If there is an ongoing decrease in the amount of expenditure—which is about 13 per cent of number, perhaps they found a way to have some sav- the Government’s expenditure—dedicated to this par- ings as it relates to the . . . I am sorry, the Parole ticular budget. [It generates] 1 per cent of revenue. It Board, as it [has decreased] 6 per cent, or around may not be a big revenue earner, but certainly its $5,000. reach is quite far, with 2 per cent of the capital expen- I think we can accept that the Parole Board diture and 1,300 employees. That is a considerable plays a positive role, Madam Chairman, as it gives amount of persons who work under this Ministry. those persons who have made a mistake some oppor- So its reach and influence on the Government tunity to see that there is actually a process upon operation is far and wide. It ranges from law enforce- which they can begin to remediate their behaviour and ment, as we have heard, down to managing treatment their conduct and an opportunity to bring themselves and drug policy for the Government, and areas out- and sort of submit themselves to the appropriate side of defence, such as, we have the Fire Service body, they can find that they can have a second which the Premier did not-too-long ago describe. So it chance, a process to a second chance outside of the is a Ministry that has quite a far reach, so its signifi- unfortunate reasons they may have found themselves cance should not be underestimated. incarcerated. So this Board plays a positive role with It also is a Ministry that, irrespective of the fact giving a clear prescription to persons who have of- that it spends a lot, it ensures a lot. It ensures the fended and how they can find their way out of the sys- safety and security of the country. It ensures the tem. proper delivery of communication throughout the So, though the budget is small for that at country as in the area of postal. And it certainly en- around $82,000 for this calendar year (it is not a large sures that people are cared for, not only from the amount) that plays a significant role with helping those standpoint of just general care of the community, but who are incarcerated to find a way out. So I am inter- also that persons with risky behaviours get support ested definitely in why that decrease has been insti- through the variety of organisations that it [provides] tuted. its funding to. We also have next on that same page, B-262, I would like to start on page B-261, noting that Treatment Offenders Board, 9303, which is [down] the budget is $142 million, because I suspect that for 22 per cent . . . I am sorry, yes, 22 per cent, down those that may have been listening this debate started $8,000. My question is, Has there been a decrease in in the morning so some of the information, the basic the number of cases for the Board and that accounts information, has already been dispensed with quite for the reduction? Is that because they are getting early. But just as a sort of recap of the budget for the fewer cases as well? I would be interested to know if Ministry, the overall budget is $142.7 million. Reve- that is what might be responsible for the decrease. nues are $4.8 million, and capital expenditure is As I move along, Madam Chairman, to page around $2 million. B-263, I look at the budget under Subjective Analysis As I look at some of the interesting points I of Current Account Estimates. I do note that motion in would like to first address around this particular Head the travel budget, which is around $36,000, down 83, the Ministry of National Security, under 8301, 28 per cent. What are the travel obligations that are General. Overall expenditure seems to be down about expected this year for the Ministry? Are these sort of $1.29 million, and overall under the general head of things that are fixed that the Minister does on a regu- Administration, Parole Board, Treatment of Offenders lar basis, or are there (for this particular calendar Board, and Police Complaints Authority, that budget year) any travel opportunities? And I am not trying to has gone down about $63,000, or around 5 per cent. in any way cultivate any sort of mischief here. I am A question I have is, has there been a de- actually genuinely interested in it. Are there things crease (and this is in reference to . . . under that 8301, related with the Ministry and the duty of the Minister this would be the Parole Board, 93002) . . . has there that are planned for the year? [Is that] what that ex- been a decrease in the number of applications to the penditure that [is] in place accounts for? Parole Board? I note that it has decreased, which is always a Now, I ask these questions and I would like to good thing, but is what is there—the $36,000—a part apologise to the technical staff and to the Minister of standard travel responsibilities related to the Minis- [because] I was missing when the Ministry Head was ter and perhaps his team’s responsibilities abroad as presented. So if I am asking questions that were an- it relates to the overall Ministry? swered in the brief, I sincerely apologise to those con- I see Advertising and Promotion, Madam cerned. But I am going to go through these questions Chairman, is experiencing quite a substantial cut— Bermuda House of Assembly Official Hansard Report 11 March 2016 1469 nearly in half. What exactly will be the Advertising and Now, if this is not particularly related to any- Promotion for this calendar year? Are there specific thing with the Ministry, I accept that. But the police are projects that the Ministry has contracted for? And are mentioned, so I am going to glean out of there that, there specific campaigns related to national security okay, this may be something the Ministry is involved or some of the other responsibilities under the Ministry with. I do not know, and I am sure I will get the proper that the Minister and the team have actually con- answer from the Ministry because, you know, they are tracted for? Also, are these particular activities going good at answering these things. So I have no prob- to be done in-house, or are they going to be privately lem. But for the benefit of the public and for our de- contracted for? I would like to know what will be the bate, I am referring to these because this is what I plans around there. gleaned may have some relation to the duties of the Madam Chairman, as I move through to page Ministry of National Security. B-264, Performance Measures, I always like to take a “Facilitated by the Ministry of National Secu- bit of time to flesh out this particular page. But I am rity”—that certainly is quite clear by that statement— going to make a partial complaint and observation. “the GREAT Programme will be enhanced with addi- There seems to be an inconsistency throughout the tional instructors from other uniformed services to de- Budget Book, although I am dealing with specifically liver the programme’s positive message to Primary National Security at the moment, Madam Chairman. and Middle School students.” And that was on page But there is always this mix between percentages and 14 of the Throne Speech. actual numbers. What we see even in here is a range So I would like to know what the cost of this of percentages. Under business unit 9300, particularly actually is, especially the training, because it speaks Administration, we see a range of percentages. Well, I about training of additional instructors. That is the in- am going to refer specifically to the one at the top of tention that is expressed here, Madam Chairman. And this particular page, Percentage of current year how many instructors will be trained for this fiscal Throne Speech initiatives that have been imple- year? So that seems to be one that is directly associ- mented. ated with the Ministry, which is an intentional expres- Well, the percentage is nice; but how many? I sion in the Throne Speech, so perhaps we can find do not quite understand why that number has not out some of the details of that. been given. If a number was given based on last year, I did not hear the Minister mention the expan- give me the number and then I can fairly assess if that sion of the Island’s CCTV network. This was in the is accurate. I can know, Well, they implemented that Throne Speech on page 14. “The Government will many, and they have an original forecast of 100, (be- provide funding for the expansion of the CCTV net- cause I am sure everybody wants to fulfil all of their work to Dockyard as part of the infrastructure” and initiatives) but they have 80 per cent. So, clearly, from also St. George’s, on page 14. I would like to know the respect of the Ministry, some were not completed, how much in this fiscal year’s budget is going to be but I am not sure what those are. dedicated towards that. But here is what I am going to do, Madam Let me just state, Madam Chairman, I am not Chairman, I am going to go through a number of looking to blow out the Government on these things. Throne Speech initiatives that I gleaned from the last November was not that long ago. I am not expecting Throne Speech. Perhaps I can get some answers that they started any significant work on this project from the Minister as to which of these were actually since November, but this is an intention. They may attributable to the Ministry, because I would do a very have started some work on it, but November was not general observation of anything that deals with the that long ago, so it may be that the process of even police, or with anything that the Ministry touches on, tendering and selecting an appropriate contractor has that is in the Throne Speech. not been quite completed yet, but it is an intention of So I am going to (if you will just give me per- the Ministry to do that, and I accept that. So by next mission) read some of the initiatives that I gleaned fiscal year they may have a report and the Minister will from the November 2015 Throne Speech so I can get come with his next budget presentation and tell us some clarification from the Minister as to which ones what he has done in this. of these are related to the Ministry and were actually I am not looking to blow out or find an aha completed. I have about eight that I gleaned from the moment from the Minister on this. I am just genuinely last Throne Speech that are related in some way to . . . I am looking at things that were in the Throne either police duties or some aspect of what is under Speech where there was intention expressed, and this responsibility of the Ministry of National Security. So if was one. So I would like . . . and the CCTV camera you will give me permission to read those. system has been of great interest to many people be- This one was from page 9 of the last Throne cause over the past couple of years the Government Speech: “Further protective measures will be exam- has spent substantial funding—at least $6 million or ined, including the admissibility of police interview evi- more dollars—on the overall breaking out the network dence for vulnerable witnesses and their cross- across the country. examination by video link.” That is on page 9. Bermuda House of Assembly 1470 11 March 2016 Official Hansard Report

I know that the Minister did express in the That was my third point from the Throne budget an interest in adding additional cameras to that Speech. I have a fourth one which has to do with “the network. Let me just say that I have expressed some Fire Safety Act” which “will be brought into force, in- interest even beyond what the Government has ex- troducing new standards of fire safety for Bermuda.” pressed that they are doing with CCTV, to actually That was on page 14 of the Throne Speech. looking at providing the support for this sort of network If it is in force, when did it go into force and in other government facilities, not just in our general are there any impacting costs to service that this new area around the community, but there are areas such Fire Safety Act and the new standards . . . is it ex- as some of the government assets, like buildings. I pected that there will be some cost implications for specifically talked about schools, on school grounds. doing it? I am assuming that these standards were Now, I want to be clear that at no time when I also going to be taken on by Government as well as talked about CCTV cameras on schools did I mean private sector, because certainly Government facilities that there would be cameras down the hallways. I are not immune to abiding by these new standards, meant on the perimeter of the school properties that Madam Chairman. So I am asking that for the benefit seemingly have little security coverage, and maybe of finding if there are any projected cost implications in are potentially weak access points for prowlers and implementing these new standards. others. Number five, Madam Chairman, “the Gov- And we have had over the past year, Madam ernment has commissioned a review to determine the Chairman, incidences where the security of our best means by which to close one of the minimum schools was broken. We had an incident at, I believe security facilities.” That is on page 14 of the Throne Dalton Tucker, where a gentleman was apprehended Speech. I did not hear, interestingly enough (and I am on the property and had to be escorted away. We had jumping a little ahead here, Madam Chairman), in the within this calendar year break-ins to schools, includ- Government’s presentation of its budget around Cor- ing a bomb scare at Whitney. rections any mention of the closing of facilities. But it So it would seem, Madam Chairman, that certainly is an expression here that there is an inten- there should be a consideration with the Ministry and tion to at least start a review. So what is the cost of the Police Service working with the Ministry of Educa- that review? Has there been any progress to the tion, to perhaps assess how the CCTV network, which study? And what is the expected completion of the is Island-wide, by adding an additional camera or two study? And has there been any projection of possible to it can provide the appropriate support to those closings? Government assets. As I said, this is here in the Throne Speech. I I say this with the greatest concern, particu- am asking for the obvious reason, as I said based on larly for expenditure. Is it more costly to install a cam- the performance indicator on page B-264, that there era rather than hire a security guard and then have are a number of Throne Speech initiatives here. But the Ministry of Education spend money on security since I did not know what number the Government guards to guard schools, when a camera can poten- was referring to as having completed 80 per cent, I do tially provide the coverage by the police of that prop- have to go through all of this, you know, to distil which erty? And also, the man-hours that would be spent ones are actually relevant to this current debate. And I patrolling around those schools can be perhaps re- am sure I will get some sort of indication. duced because they have a camera there that sights Madam Chairman, number six of my points is some of the more sensitive security areas around related to “The continuum of care for those affected” these school properties. And just, you know, because (this is a quote from the Throne Speech related to) there is nobody there, particularly this coverage can “The continuum of care for those affected by drug ad- be during the off-hours. Those cameras might be able diction and alcohol abuse . . . The Department of Na- to be shut down during the day; but during the off- tional Drug Control will determine the model best hours, when there is nobody around these buildings— suited to the delivery of this service and will work with quite valuable assets to the government stock—are organisations like Focus.” On page 14. given coverage. Now, I would like to know what the progress So I raise those comments because I think it of this particular action is that was mentioned in the is important that these investments that the Govern- Throne Speech. I did not hear all the numbers on how ment makes do maximise their opportunity for us. And much money the Government is dedicating to organi- that if there are ways that it can be expanded, as the sations like Focus, but I would note that I do recall in Government seems to be doing with CCTV into St. the budget that . . . and maybe I will wait until I get to George’s and into Dockyard, that they can be ex- National Drug Control to speak more about this, but I panded in ways that are valuable to everyone. And do not recall any significant money going to Focus for maybe just this little bit of coverage here and there this calendar year, although Focus was mentioned in around some of the school properties that have secu- the Throne Speech. But that mention came mere days rity risks can be dealt with. after Focus saying it was closing and they had lost their government funding. Bermuda House of Assembly Official Hansard Report 11 March 2016 1471

I ask these questions because these are the of outstanding files closed out in the prior year. I be- performance measures the Government has pre- lieve this pertains to the Police Complaint Authority. sented us with in Throne Speech initiatives that they They have a 75 percentile performance from last year have implemented. and their target for this year is 90 [per cent]. I do not Madam Chairman, the seventh one is “The know if this is able to be disclosed, but how many Police (Discipline) Orders 1975.” “Government will complaints are outstanding in total? [That] might be introduce legislation to replace the old discipline proc- interesting to know. And what is the nature of these ess with a modern system that emphasises perform- types of complaints? What type of complaints are ance improvement and learning . . . The new system they? And how often have the commissioner and will be more transparent and aligned with the princi- other officers appeared in front of the Police Com- ples of natural justice.” Page 15. plaints Authority? Has there been an increase or de- Again, what is the progress of this particular crease of complaints from year to year? I would like to initiative? And is there any cost with this process that know, if that could be disclosed. the Government has an intention of instituting based Madam Chairman, I am going to move on now on the Throne Speech? to Head 6, Defence, [page] B-266, Expenditure. And Now, certainly, I must congratulate the Gov- we find that under this particular Head, under Defen- ernment on completing at least one of the ones I men- sive Services on [programme] 0601, that $281,000 in tioned, which is number eight on my list, on page 15, total for Defence Services is the estimate for this year. which are the amendments to the Defence Act. We It seems as if, despite that under the revised there know that that has been implemented and the Regi- was an uptick of sort of $90,000, that the goal is to ment has proudly moved on since those amendments maintain the same budget for this year. I would be to a new recruitment camp with volunteers and a new interested to know why the revised budget ended up chapter in its history. So the Government is to be con- being $271,000 over the . . . $281,000, and there cer- gratulated on the implementation of that particular ini- tainly is a goal for it to be the same for this year, tiative. based on what the original goal was for last year. I think I have one more (I thought I had nine). Under programme 0602, Regiment, specifi- “Government will work with the private sector to adopt cally under Regiment Headquarters, 16010, I noted a cyber security framework for Bermuda. Protecting the budget for 2016/17 will be $1.03 million and an the Island’s digital infrastructure is a national priority additional $135,000, or 15 per cent. What does the given its growing importance.” I do not know if that is additional uptick account for? Ceremonial, Under attributable to this particular Ministry, but it is a secu- 16030, has increased from the original $466,000 to rity-related matter. If it is not I will happily move it off $610,000, an increase of around $144,000, or 31 per my list of reference, but it was in the Throne Speech cent. Again, what does this uptick account for? Are related to security. I did not know if the Ministry was there any additional ceremonies that are expected for involved with this directly, but it is security related so I the Regiment this year? Are they associated with the put it up. America’s Cup or . . . I am sorry, there is no real Madam Chairman, I will move on to the next America’s Cup activities this year; but are there addi- performance measure under National Security Head- tional ceremonial duties expected for this calendar quarters, Percentage of current year Cabinet papers year? that have been submitted in the current year and have And what are the regular ceremonial duties been successfully approved. Again, I am certainly not that the Regiment finds itself doing? You can just interested in knowing . . . We cannot possibly be told name them, Minister. That will be fine, Madam Chair- the subject of those papers. But again, there is no in- man. I would be happy to just know that. But other dication as to how many papers were presented by than “Beat the Retreat,” and a few other things that the Ministry so that one can assess whether 90 per the Regiment does, which are all absolutely appreci- cent was actually approved or not. So perhaps some ated, I would like to know some more about those ac- clarity [could be given] as to just how many. Were tivities. there five, six, seven, eight done this year by National I have an additional question going down fur- Security? Of those, how many (if the Government is ther in that programme, on programme 16060, Junior obliged to disclose that)? Leaders. The budget for this year again is zero. And I I appreciate as a former Cabinet Minister that did hear the Minister’s explanation around this as to there are rules around disclosure of Cabinet matters. much of what it. . . even though it is not getting fund- But since it is here in the Budget Book, and it is being ing it is getting a considerable amount of funding from used as a performance measure, perhaps [something] charitable support that is helping to fund it these other than a percentage might be helpful. How many years. Well, I do understand, and I think that it should were actually done in this calendar year, might be be commended that many people are prepared to helpful. support the Junior Leaders, Madam Chairman. But I Going down further in that same page B-264, am interested to know if the Government and the Min- Madam Chairman, business unit 93004, Percentage Bermuda House of Assembly 1472 11 March 2016 Official Hansard Report istry are interested in the expansion of this pro- particular matter, as we have not heard anything gramme because it clearly is a positive programme. since? We brought a piece of legislation this year to Under the delegated authority that the Gov- remake, to update the actual Junior Leaders Pro- ernment has been given, this is an area which the gramme, which, ironically, had legislatively existed Bermuda Government has specific responsibility for. long before the Regiment. So if the Government is not What is the impact at this point, financially, of that par- putting any money into this particular programme, is ticular dispute? there an interest in expanding, perhaps being able to I am also interested to know if there are any take on more students than it already has from our legal disputes which the Government is expecting to schools and other parts of the community? have to, or has already paid out, over the last two It is clearly a programme that has proven its years. I think there has been something in the paper worth, Madam Chairman, as it relates to the amount about certain legal matters that have come up for the of young people that have gone through it over the Police. Have there been any awards related to those years. But are we going to see the Government give matters awarded thus far? more support to its expansion, since it was prepared Madam Chairman, how much more time do I to bring a Bill to modernise it? Let us see some ex- have on this particular discussion? pansion of the programme. I think if you are prepared to support it, there should be an effort to give it some The Chairman: You have about 40 minutes. funding so it can expand its successful programme in areas where we need to have leadership develop- Mr. Walter H. Roban: Okay. I am going to rush ment. So I do hope that the Government moves in through most of what I have. I am going to now go on some way from this zero position of funding. to Head 13, which is the Post Office. I did bring this up during the debate when we Madam Chairman, the Post Office which is on had the Bill, I think late last year. So I hope that some page B-279, has an expenditure of $10.6 million and change is made, because I do not understand why revenues of $4.4 million. I have some serious con- this particular programme—if we are prepared and cerns about the Post Office at this point, Madam proud of it—is not getting funded. Chairman. We have seen a very interesting protracted Moving on to page B-67, I am particularly in- issue around the Post Office for the past calendar terested in (and I brought this up last year) the Ex- year, Madam Chairman. It seems the Post Office has, penditure of Energy on page B-67. In the list of ex- over a number of years, experienced a steady decline penditure it is $158,000. I brought this up last year in its staff. We have seen over the past year or so four because we want to see if the Regiment can take on Post Office headquarters closed—Paget, Harrington some of the initiatives to sustainable energy. Cer- Sound, St. David’s, and Somerset Bridge. Although I tainly, if the Regiment facilities are supposed to be do recall what the Minister said during this presenta- self-sustaining and able to in certain times, for in- tion, there seems to be a significant impact from these stance when power may be out, that it can be sus- closures, and this impact has not been very positive. tainable, if having solar and sustainable energy tech- I can tell you that there is a concern that the nology on the buildings of the Regiment may help not Government is in less of a position or posture to main- only with cost savings, but also have it operating sus- tain the sustainability of the Post Office. But some be- tainably, that would be a very good thing to invest in. lieve that there is a process of liquidation. When it So I would hope that there is an effort to consider that. comes to the Post Office, with the closing of the facili- Moving on. I would like to move on to Police. ties, with the decline in staff, there is a question about Madam Chairman, on page B-270, Head 7. And I the Government’s commitment to modernisation of the would like to go on to page B-271. We note that the Post Office rather than its (I will use the term) “liquida- budget for this year is $64.5 million for the Police. I tion.” Certainly, I have been informed that there is see that the total employee complement is around great concern amongst staff about this. 529,000 [sic] and the revenues for the Police are I think we have even heard in some cases, around $350,000 a year from a variety of areas such Madam Chairman, quite angry and frustrated citizens as licensing, firearms, explosives, security guards, calling in to talk shows about the concerns of lack of publications, and facilities. mail delivery, minimal mail delivery, and no mail deliv- A question that I have for the Minister is: ery. Some people have been angry about where they There has been an ongoing, I guess, union dispute or go to get their mail now that a number of post offices discussion that has been between the Government have closed. and the Police, which continues. We saw in December Now, there is also the concern, Madam that they marched to the Cabinet Office to deliver a Chairman, around the Post Office, that there is one message to the Minister upon which they certainly . . . Do you know that there is a parish that does not were not received by the Minister on the lawn, but the have a post office right now, Madam Chairman? Minister did invite members of the representatives’ There is one parish that has no post office. That is association into his office. What is the status of this Paget. There is no post office. Despite all the closures Bermuda House of Assembly Official Hansard Report 11 March 2016 1473 everywhere that have happened, there is still at least one post office in all our other parishes. Paget has no The Chairman: Thank you. post office. Now, do we really believe that the people Member, would you like to continue? in Paget do not care about that? I have not heard much about it. Mr. Walter H. Roban: Yes. I will move on, Madam Chairman. [Inaudible interjection] There seems to be a situation with the Post Office that the Government . . . I guess they are listen- Mr. Walter H. Roban: But I have not heard that much ing. They say they are listening. But when it comes to about it. There are MPs who sit across the aisle for this situation there are people who have a consider- Paget, but I have not heard that much about it. able amount of concern. Are these MPs concerned about the fact that But I will move on, because I assume that the their parish has no post office? I cannot believe, Minister will have some sort of thing to say about the Madam Chairman, that these MPs—two of which . . . Post Office and what they are doing to address, not Well, actually there are only Paget MPs on the other only this deprivation, but how they are going to cer- side of the aisle. Paget has not been so welcoming to tainly answers to my questions as to how they are this side of the aisle, I can assure you of that. The going to deal with that situation. Members who sit on the other side of the aisle, I have Give me a moment, Madam Chairman. not heard anything in the media or otherwise about I am going to move on now to the Department their concerns about the fact that their parish has no of Corrections, Madam Chairman, and just a few post office. This must be historic, Madam Chairman, points to make on Corrections. The Clock Tower is in the history of the postal service in this country, that budgeted for . . . and I am looking at page C-26. It has a parish has been denied a post office. to do with expenditure on rentals. The Clock Tower And so those persons in Paget have to go to rental is around $310,000 for Corrections and seems Hamilton to pick up their mail. Hamilton is not in to be the same for this year. If I could know when that Paget, the last I looked. So I am wondering how the lease will be up, I would like to know, certainly if that Government is going to deal with this deprivation they information can be given. have brought on the Paget Parish. Is there still the use of officers—retired offi- And as far as I can see, whatever Govern- cers—when it comes to supplementing the needs of ment is doing to this particular post office, which has staff? Are there any retired officers who have been resulted in . . . and I am, here again, on page B-79 retained to come back and work in the Corrections talking about Sub-Post Offices 345. So it is clear that I system to fill any gaps that they may need over a pe- am speaking about something in the budget. This lack riod of time? If that is going on and if it is going on is it of a post office is not a good reflection on the state of to continue? the Postal Service. I did see that there is expenditure on page B- And I am also interested in finding out be- 14, under Capital Works and Acquisitions. On the se- cause as we look . . . and I will move on from that. But curity system, are they replacing the system or are I think that is a serious question. Why have we not they just repairing the system? I would like to know. heard more about this deprivation that the Govern- That is line item on page C-14, 776957. And also on, I ment has brought to the people of Paget? No post am sorry, page BC-5 for Corrections. There are minor office. And there does not seem to be much fight works that are being done. The original estimate was about it coming from the people of Paget, as far as I $350,000 and it is reduced $24,000. What specifically can see. Now, I remember in a previous time when are those minor works? there was even a suggestion— I would like to know, since there was some concern expressed about the integrity of the perimeter Hon. Patricia J. Gordon-Pamplin: Point of informa- being damaged during the recent hurricanes of Fay tion, Madam Chairman, if the Honourable Member will and Gonzalo, whether or not that work has been recti- yield for a brief second. fied at this point. Moving on to Fire, Madam Chairman, on page Mr. Walter H. Roban: Briefly because you are taking B-288. I would like to know just a few points in relation into my time. to Fire. A question about the Fire Prevention Training amount of $15,000 that has been the same through POINT OF INFORMATION 2015/16, is this training that is done annually for offi- cers or is it overseas training? Or is it just local train- Hon. Patricia J. Gordon-Pamplin: The Honourable ing in reference to the actual training that is done un- Member will know that we hear it all but daily, so there der Head 45, page B-288, programme 53030, Fire is a challenge; we do get the concerns expressed. Prevention Training. However, we have to deal with the situation that we And under 55080, Other Services Central, have. which was $268,000, what exactly are these services? Bermuda House of Assembly 1474 11 March 2016 Official Hansard Report

What are these services that are provided, the other tives to move in this direction for the Government? If services for Central? so, where are they being funded under this budget? Under Performance Measures on page B-219, Because I do think that the Government seems to again, I was not able to assess truly the performance have run away from the Cannabis Review Committee measures without any numbers. So perhaps some report that it presumably invited members of the numbers can bring some clarity to the performance community to put together, but has not moved in any measures of the Fire Service. I would really appreci- way further on it. So, I think it is important that some ate . . . it is all really just percentages that are there, clarity be given. but there is no clarity on what actually . . . more than I will go back to another question as to how sort of just percentages . . . I would like to have more many agencies under the National Drug Control’s re- information [to] understand what actually is the mit benefited from Cash Back for Communities and achievement on what specifically they are achieving what those amounts were. I would like to know that on. because the Minister did mention that in his brief. Moving on to Head 88, National Drug Control. What will be the situation for Focus and their I am coming to the end of my presentation, Madam funding? Focus, for all intents and purposes, has told Chairman, and I will leave it to some other Members if the country that they are closing down because of lack they have any questions. My main question around of Government funding, and presumably their funding National Drug Control, which has an expenditure this would come under National Drug Control with the year of $4.179 million, an uptick of about just over other groups such as PRIDE and others that they also $250,[000] . . . there was a commitment by the Gov- provide support for. So if the Minister can make avail- ernment to explore much more fully the issue of can- able information on what the intention is around Focus nabis and decriminalisation. I am assuming that it is and other agencies, but particularly Focus as to their under this particular department that that explanation funding under NDC. would go. What support are this department and the Now, we know that there was an outside Government going to give to a process of decriminali- committee that did a report, Madam Chairman. But sation, which they presumably were interested in get- beyond that, the only step that the Government made ting some feedback on and committed to changing the to even deal with that was instituting some more lib- dynamic around that in this community, which would eral framework for some additional cannabis products. not only impact this particular department but also But the very issue that decriminalisation came up, the impact our policing strategies because some of the Government seems to have run away from, that is, the money that we are putting to policing around drugs question of how criminalisation through cannabis is could potentially be shrunk and put elsewhere if it is affecting the young men and young women of this not funding drug interdiction at levels that will be seen community and cutting them off from opportunity and to be legally not necessarily. creating criminality, promoting criminality in the com- So, I look for those answers from the Gov- munity, often from [the] very consequences that we ernment and from the Premier and the Minister of Na- find young people in when they are very young com- tional Security. ing into confrontation with the law. And it dramatically That is my contribution in this area on this changes their lives forever. budget and I certainly hope that there are others who Then it impacts them in their own relationship wish to raise further insights around this budget with with authority, with the police, with opportunity to go the Government. away [overseas], because their name has appeared in Thank you very much. the paper with a minor drug conviction at, let us say, 17 or maybe 18. And maybe seven years later when The Chairman: Thank you, Shadow Minister of Public they are in their 20s and they want to go away to Safety. school or to pursue some other opportunity overseas Would anyone else like to speak to the they cannot, or they are limited in a way that makes it Heads? costly or prohibitive. Premier, Minister of National Security. And even the other side of the coin with how we invite our visitors here, with how we seem to have Hon. Michael H. Dunkley: Thank you, Madam over the years created an image of being a place that Chairman, and I thank the honourable colleague for takes visitors off cruise ships and then convicts them his presentation and for his questions. Even though I for small amounts of what may be just sort of recrea- left the Chamber for five minutes, I think the Perma- tional use of marijuana. I was hoping that through the nent Secretary was staying on top of it and handed initiatives that the Government was talking about that me some notes, so I will give you some answers, in we were going to see some movement in these areas, no particular order. But if I do not cover them all you but we have not. can keep going because we do have some time left. So what role does the National Drug Control department going to play in this? Are there still initia- Bermuda House of Assembly Official Hansard Report 11 March 2016 1475

In regard to the caution policy, that Bill has Comments about the Post Office. Your com- been tabled. I think it was tabled on Wednesday, so ment in regard to Paget not having a post office is cor- we will debate that on Monday. rect. That situation, obviously, is another tough deci- In connection with the Police Complaints Au- sion we had to make and we made the decision based thority, complaints have gone down. The Commis- on a number of different factors. Paget is very close to sioner sent through some notes: in 2009 there were the main post office in town, they also have a good 52 complaints, and in 2014 there were 26, and in post office in Warwick that they can use, Paget only 2015 there were 20. So there has been a decrease had one post office, a small post office, and we de- and I think we all should commend the Commissioner cided to close that post office because it was only be- and his colleagues for an improved approach in this ing used by and large by people with post office area. boxes. There was very little traffic in that office there, I think you can look at it in two different cate- and so all box holders, or the vast majority of the box gories—the more serious offences and the less seri- holders, who had them in the Paget area have either ous offences. The less serious offences would involve had the opportunity to move their box to Warwick or something perhaps, you know, officers being rude, Hamilton to take care of their needs. which would be dealt with in an informal process such I think you started out your presentation ask- as an apology or things like that. The more formal ing about decreases in costs associated with Parole process would deal with serious allegations such as and numbers in paroling too, that is simply because of assault. But I think we have made some good pro- a decrease in the prison numbers. There has been a gress and I would like to thank the Police Complaints significant decrease in prison numbers now, we have Authority and the Chairman, Mr. Jeffrey Elkinson, for been below 200, in total, for many, many months, and the work that they have done, which allows Bermuda so that will have a knock-on impact in other areas. Police Service to be looked at in a high regard. I think you asked the question about Advertis- The honourable colleague talked about the ing and Promotion. This relates to the GREAT Pro- negotiations and discussions between the BPA and gramme and it was managed in-house mainly with the the Government negotiating team, they have come to assistance of DCI. a resolution of those issues and a statement is being Throne Speech initiatives, Police Evidence prepared by both parties to release. So it would be falls under Justice. GREAT Programme has been premature for me to make any comment on it, but ob- completed. The CCTV extension has been done; viously the Government has agreed to the position [those at] Dockyard were a joint venture with WEDCO. reached and there should be a statement very shortly I answered the question about the report. that will clear that issue up and answer your question. The Police discipline you referred to, that was, He asked questions about the CCTV. In St. I think there was some discussion publicly about that. George’s the value of the work done is about $97,000. A gentleman from the UK who specialises in this area In WEDCO, the value of the work done is about visited Bermuda, his name was Victor Marshall. He $144,000. came and conducted workshops and a consultation You also asked questions in regard to Correc- process. Draft revisions have been prepared and they tions. The fencing has been fixed from the hurricanes. will be presented shortly. That was covered in the I have been up to the West End and the East End re- Throne Speech. Total cost at this point is about cently, I think I was there early February at both facili- $38,000. ties (I try to go around on a regular basis just to stay in You made a comment about the revised touch and see what is going on, and talk to inmates). budget, the increase for the Defence Head, that spe- And, as I alluded to in my brief, I have been very im- cifically relates to increasing expenditure because of pressed by the maintenance, especially in the Co-Ed hurricane embodiment and the costs around that. where those two inmates are now being accommo- I covered the ceremonials list in the brief on dated there full time. And that place is looking really, Head 6. really good. Westgate has had repairs done from the We will, as I mentioned, with Junior Leaders hurricanes, the fences have been fixed, cameras are we will continue to provide the support by working with in much better condition now with the installation of the community and also consideration in other areas, new cameras because of budgetary support from the perhaps Cash Back, but we will also do it through Government, and the fire alarm system. So we are some internal virement of funding. gradually looking at some of the challenging spots and Energy, I think you asked a question about doing all we can to put them in good operating order. solar— In regard to the . . . I believe he asked a ques- tion on the report on the closure of a facility. That re- [Inaudible interjection] port will be received shortly by the Ministry of National Security and then considered. The Commissioner is Hon. Michael H. Dunkley: Yes, that is an interest- working on that. ing—

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[Inaudible interjection] the men’s side, and so right now we want to make sure that those resources are used in the most effi- Hon. Michael H. Dunkley: —at the Regiment, an in- cient way and we do not have competing needs with- teresting option going forward, but to do that the build- out the full demand being used in those needs. ings will have to be modified so they can fit in there Okay, Madam Chairman, with those questions and that is something that could be considered. now being answered I move all of those Heads that we debated today be passed and I would just like to [Inaudible interjection] take the opportunity to close out the debate to thank the honourable colleague for being well prepared for Hon. Michael H. Dunkley: Are there any questions I the brief and to thank PS Major Telemaque for his did not answer? I think I . . . unless I got some that good leadership of National Security. We often hear came across on my e-mail. complaints about work in the civil service, but I have been blessed to work with such a professional for the [Inaudible interjection] last three years and I appreciate his guidance at all times. If I pick up the BlackBerry at eleven o’clock at Hon. Michael H. Dunkley: Okay, Madam— night, he is on the end of the phone. I did not text him though when Arsenal played Manchester United. I left Mr. Walter H. Roban: Oh, sorry. him alone that night. So I move all the Heads be passed. Heads Hon. Michael H. Dunkley: Yes, go ahead. 83, 6, 7, 13, 12, [sic] 25, 48 [sic], and 88.

Mr. Walter H. Roban: There was a question about The Chairman: All right. the Focus funding. I do not know if you mentioned that It has been moved that Heads 83, 6, 7, 13, and also . . . Focus funding and also under NDC 25, 45 and 88 be approved. about the issues concerning any further work on de- Is there any objection to that motion? criminalisation, which was coming out of the Cannabis No objection. Review Committee report under NDC. Agreed to. I think those are some of the questions I asked. [Gavel] I also, I do not know if you are prepared to answer, I did ask about the number of Cabinet papers [Motion carried: The Ministry of National Security, that would have been produced by the Ministry for the Heads 6, 7, 13, 25, 45, 83, and 88 were approved and calendar year, as how many you actually did for the stand part of the Estimates of Revenue and Expendi- year and how many—well, you do not have to tell me ture for the year 2016/17.] how many were passed, just how many were done for the year, but you do give a percentage as to how The Chairman: Now we are moving on to the Tourism many were successful, but perhaps you can give Ministry. Today we are having the Minister of Com- some clarity to that. munity, Culture and Sport stand in for the Minister of So, yes, NDC questions and the Cabinet pa- Tourism and Transport who is out today. per question as well. [Inaudible interjection] Hon. Michael H. Dunkley: Cabinet papers average 15 or 20 annually. Recently it has been a bit more. The Chairman: Not well. In regards to Focus, Focus has done good Minister of Community and Cultural Affairs. work in our community and we try to support it in Honourable Members, we are now in Commit- every way we can. The challenge we have with treat- tee of Supply for further consideration of the Esti- ment is that it is a need that has to be provided and mates of Revenue and Expenditure for the year. we are looking to make sure we efficiently use all the Head 48 will now be debated. resources we can, so we are bringing Focus together I call on the Minister in charge to proceed. with the Department of National Drug Control to get Minister, you have the floor. them to look at the best model they can. And at this point I really cannot say what that approach is going MINISTRY OF TOURISM DEVELOPMENT AND to be, but I believe that Focus can work closely with TRANSPORT Nelson Bascome [Centre for Substance Abuse] Treatment facility to do what they have to do. And you Hon. Patricia J. Gordon-Pamplin: Thank you, know that money was invested in that facility under Madam Chairman. the previous administration and it is a really good facil- Madam Chairman, I would like to move Head ity and it has the capacity to treat pretty much all of 48 from the Ministry of Tourism Development and the demand that we would have in the women’s and Transport. Bermuda House of Assembly Official Hansard Report 11 March 2016 1477

and continues to play a strategic role in improving air- The Chairman: So it is 4:25 . . . four hours— lift on an ongoing basis. Madam Chair, despite the financial restraints Hon. Patricia J. Gordon-Pamplin: And we have a placed on the BTA in 2015, the organisation is ac- four-hour debate, so it is scheduled to finish— complishing what Government and Island stake- holders envisioned for the industry. In 2015 we slowed The Chairman: —so 8:25. the decline in vacation air arrivals and, for the first time in several years, with PACE Reports for 2016, Hon. Patricia J. Gordon-Pamplin: —at 8:25. they are trending in a positive direction. In addition to Thank you, Madam Chairman. vacation air arrivals the cruise line component of our business also continues to improve. Visitation in this HEAD 48—BERMUDA TOURISM AUTHORITY category is up 4 per cent year over year. And in 2016 Bermuda will see additional occasional cruise ship Hon. Patricia J. Gordon-Pamplin: Madam Chair- calls which will bring in additional tax revenue and man, let me first start by saying that I am standing in, increase the economic impact. The Island will see re- deputising, for the Minister responsible for Tourism cord numbers of visitors from our regular callers as Development and Transport the Honourable Shawn the cruise lines deploy larger vessels to our shores. Crockwell, who is unwell. And I would certainly like to Madam Chair, our visitors have repeatedly take this opportunity to wish him better as we carry told us that Bermuda must improve its product offer- the brief relating to his department for Head 48. ings. In this regard the BTA has continued to focus on Madam Chairman, the health of the Bermuda and fund new and improved product and experience Tourism industry is a vital component of the economic offerings by providing over $1.7 million in product de- turnaround that is underway in Bermuda. Government velopment grants to emerging Bermuda businesses regards this as a national economic imperative and is and entrepreneurs. In 2016 that amount will approach making a concerted effort to support the industry with $1 million. new initiatives such as the Casino Gaming Act, the St. Madam Chairman, 100 per cent of the funds George’s hotel development, America’s Cup, new ho- directed to the BTA by the Government comes directly tel concessions, plus the formation and maturing of from visitors. Annually visitor paid cruise, air and hotel the Bermuda Tourism Authority (BTA). taxes total an estimated $51.4 million and the BTA’s Madam Chair, since April of 2014 the BTA budget for the last year is equivalent to 42 per cent of has successfully built a high-functioning destination this amount. Based on estimated visitor taxes to be management organisation which has set a new stan- collected by Government in 2016, this equates to only dard of tourism management excellence in Bermuda. 44 per cent of tax revenue reinvested into the promo- In 2015 the BTA’s emphasis was on launching tion of tourism each year to sustain and grow the in- an aggressive new destination marketing strategy fo- dustry. The tourism industry as a whole contributed cusing on experiential and adventure travel. The $194 million in tax revenue for the Government in strategy celebrates authentic Bermuda experiences 2014. and its people and is supported by activation across the organisation. This sales and marketing focus re- Return on Investment (ROI) in a Competi- lies heavily on utilising inspiring visual assets and digi- tive Landscape tal channels, which reflects the new standard in global tourism marketing. Hon. Patricia J. Gordon-Pamplin: Madam Chair- As of 2015 the organisation had all new man, in a competitive environment requiring a greater agency relationships including PR, social media, ad- investment to stay relevant, other destinations have vertising and creative website, group sales and data increased, not reduced, their tourism budgets and ex- management. These relationships enable us to target penditures. The budgets of our competitors have consumers at every stage of their travel decision mak- completely bounced back and now exceed pre- ing process. recession funding levels as the average tourism Madam Chair, further supporting this purpose- budget hit a record high in fiscal year 2015. These ful movement to marketing excellence, the organisa- positive indicators are the opposite for Bermuda, tion has developed more timely and meaningful met- where tourism spending was at its lowest point in 30 rics, key performance indicators, and business intelli- years. In fact, the Caribbean region saw record growth gence tools. It is important to note the BTA’s new in 2015 as most destinations have seen record budg- marketing strategy, underpinned by solid data, played ets. In this environment, if Bermuda stands still we a defining role in Bermuda winning the America’s Cup actually fall further behind. 35 venue designation. Additionally, the BTA played a Madam Chairman, the BTA has proven that it key technical and financial role in the successful con- can efficiently manage and maximise the return on clusion of the St. George’s hotel development process investment from Government provided funding. In a comparative study the BTA’s return on investment Bermuda House of Assembly 1478 11 March 2016 Official Hansard Report was higher than in 2007, a year that is considered need additional volume in the months of November to excellent for the industry. In 2015 the BTA’s return on March. investment was 16 per cent higher than in 2007. Re- grettably, adjusting for inflation, the purchasing power 2015 Breakdown of Air Visitors of the Island’s tourism budget has declined by 57 per cent since 2000 and 43 per cent since 2010. Hon. Patricia J. Gordon-Pamplin: For the full year 2015, 64 per cent of Bermuda’s total air visitor arrivals Situation Analysis came to Bermuda for vacation, 20 per cent for busi- ness and 14 per cent for visiting family and friends. Hon. Patricia J. Gordon-Pamplin: Tourism remains This breakdown remains fairly consistent with prior a critical component of Bermuda’s economy contribut- years. ing 22 per cent of the total government revenue and 8 per cent of total jobs in Bermuda in 2014. Tourism 2015 Vacation Visitor Arrivals by Source performance in 2015 has been mixed. While vacation air arrivals for 2015 were down 1 per cent compared Hon. Patricia J. Gordon-Pamplin: In 2015, 72 per to 2014 (from 141,509 to 139,820), total air arrivals cent of vacation arrivals came from cruise ships. This were down 2 per cent compared to 2014. Business air is somewhat higher in 2015 given that air arrivals visitors declined by 4.7 per cent and those visiting have remained flat while cruise arrivals have seen friends and relatives declined by 6.8 per cent. growth. Twenty-seven per cent of vacation visitors in Cruise arrivals for 2015 were up 4 per cent 2015 arrived by air. The USA was the largest source over 2014 to 370,756. Average air visitor expenditure country for air vacation visitors in 2015, making up 78 per person has decreased 6 per cent versus 2014, per cent of the total. Canada and the UK made up 10 and the average cruise visitor expenditure per person per cent and 8 per cent respectively. has increased 19 per cent versus 2014. Eighty-seven per cent of cruise visitors came from the USA, 5 per cent from Canada, 3 per cent Bermuda’s Competitors from the UK and 3 per cent from Europe.

Hon. Patricia J. Gordon-Pamplin: Madam Chair- Sales and Marketing Performance man, a recent analysis of other destinations which compared their source markets and personas of trav- Hon. Patricia J. Gordon-Pamplin: Madam Chair- ellers attracted, as well as perceptions in the market- man, the Sales and Marketing Division’s key perform- place, reveal that Bermuda’s current competitive set ance metrics for 2015 are as follows: consists of: • Total visitor spending influenced by the BTA • Cape Cod through promotions, partnerships and group • US Virgin Islands sales totalled $45.9 million. This was an in- • St. Lucia crease of 25 per cent or $9.2 million over • The Bahamas 2014. • Seychelles • Total room night influenced by the BTA in • Cayman Islands 2015 increased 22 per cent compared to • Hawaii 2014. • Miami • Earned media generated in 2015 totalled • Aruba $26.4 million, and there was coverage in a to- • Barbados tal of 178 top 100 outlets. • Puerto Rico BERMUDA TOURISM AUTHORITY—MISSION • Jamaica; and AND VISION • Turks and Caicos.

Hon. Patricia J. Gordon-Pamplin: Madam Chair- These destinations most closely aligned with man, the BTA Mission statement has not changed as Bermuda in the types and source markets of travellers the organisation goes into its third year of operation. interested in visiting Bermuda. And that is: “The Mission of the Bermuda Tourism Au-

thority is to increase income earned by the Island

Need Periods and Seasonality through tourism and ensure the industry is economi- cally, socially and environmentally sustainable.” Madam Chair- Hon. Patricia J. Gordon-Pamplin: Our Vision: Mr. Chairman, the Bermuda Tour- man, Bermuda’s seasonality remains both a challenge ism Authority is an independent, modern and leading and an opportunity. Hotel occupancies reach peaks tourism enterprise, dynamic, entrepreneurial and vi- during June, July and August. While airlines are able brant. We have a singular voice that continually in- to adjust capacity to keep load factors steady, hotels volves Bermuda as a world class tourism destination. Bermuda House of Assembly Official Hansard Report 11 March 2016 1479

We partner with the Government of Bermuda to grow ues of the organisation emphasise a collaborative, tourism and create jobs. We develop creative and in- entrepreneurial, dynamic, respectful and efficient envi- novative ways to make Bermuda a highly desirable ronment. destination for visitors and tourism investment. We are results oriented, accountable and Human Capital transparent to our stakeholders. We allocate our re- sources strategically, take select risks, and move Hon. Patricia J. Gordon-Pamplin: The BTA consists quickly to capture the opportunities afforded by a of 39 full-time employees. The number of employees growing global tourism demand. We pursue strategic by division is outlined following: initiatives and actions that add value to Bermuda tour- • Executive Division—1 employee; ism. We empower our people to be customer focused, • Investment—2 employees; proactive, solution-oriented, and to make decisions in • Product Development—6 employees; the best interests of Bermuda as a tourism destina- • Sales and Marketing—18 employees; tion. We have a fun and positive workplace culture • Research and Business Intelligence—2 em- that generates pride in Bermuda. We are impassioned ployees; in our communication to the world that Bermuda is, • Operations—10 employees; indeed, open for business. • Totalling 39 employees over the six catego- ries. Organisation Structure

Governance Madam Chair- Hon. Patricia J. Gordon-Pamplin: man, the BTA is meeting is objectives by providing Hon. Patricia J. Gordon-Pamplin: Madam Chair- core functions through the operation of the following man, the BTA governance resides within the Board of divisions: Directors. The Board is the highest level of approval, • Investment: Attracts investment, facilitates responsible for the oversight and approval of all major and manages the tourism investment process. financial, strategic, legal and risk management deci- • Product and Experience Development: Man- sions. ages tourism product enhancement and de- The Board is comprised of eight individual velopment to maximise performance of exist- members, six reside on the Island of Bermuda, and ing tourism products and add new tourism two members reside in the United States. Board products on the Island of Bermuda. Members have three-year terms and may serve two • Sales and Marketing: Develops and executes successive terms. The Board is served by an external the sales and marketing strategy to build a corporate secretary. The CEO reports directly to the unique and competitive positioning for Ber- Board of Directors, specifically to the Chairman of the muda. Board. The Chairman has a direct reporting responsi- • Research and Business Intelligence: Con- bility to the Minister of Tourism and Transport. ducts research on customer behaviour, The following committees have been char- trends, satisfaction, and on-island product. tered by the Board of Directors: The division also measures brand and adver- • Revenue Generation Committee. One of the tising performance and return on investment BTA’s stated goals is to achieve fiscal inde- in key markets on an ongoing basis. The divi- pendence from the Bermuda Government and sion is responsible for measuring and fore- the Committee has primary responsibility for casting the economic impact of tourism in achieving this goal. The Committee will: (1) Bermuda. develop and periodically review and assess a • Operations: Responsible for the operation and set of guidelines to govern activities of the administration of the Bermuda Tourism Au- BTA aimed at generating revenue and achiev- thority. The division provides an environment ing fiscal independence; (2) draft a plan to of business excellence and efficiency by per- achieve fiscal independence from the Ber- forming the administrative functions for the muda Government over a stated timeframe organisation. Operations works to best prac- and have that plan approved by the Board tice standards, ensures that its employees are annually; (3) work with BTA staff as needed to well motivated, and that the business support implement the Committee’s plan; (4) establish elements are fully functional and effective. key performance indicators to measure pro- gress towards the plan’s goals and to adjust Madam Chairman, each of these divisions has the plan as needed; (5) report to the Board at clearly defined objectives as well as an approach and least annually on the progress of the Commit- action plan to achieve the goals of the BTA. However, tee’s work set against its plan. the divisions are not autonomous and collaborate to achieve the broader goals of the BTA. The core val- Sorry, Mr. Chairman, I just have a— Bermuda House of Assembly 1480 11 March 2016 Official Hansard Report

April at the start of the Government’s fiscal year. For [Mr. Rolfe Commissiong, Chairman] 2016 the BTA will receive a Government grant of $22.7 million to fund tourism activities on the Island of Hon. Patricia J. Gordon-Pamplin: Maybe other Bermuda, a 4.6 per cent increase over the Govern- women; no, you would not be able to handle it. ment allocation to the BTA in the prior year 2015/16. Audit and Risk Committee: Mr. Chairman, the The current Tourism Authority fee rate is 2.5 purpose of the Committee is to establish formal and per cent of the rack rate charged by such hotel in re- transparent arrangements to ensure accurate corpo- spect of such guest and it is collected on a monthly rate reporting and risk management and internal con- basis. Hotel guests are charged 2.5 per cent of the trol practices. The Committee will: (1) develop and rack rate and hotel proprietors are responsible for periodically review and assess a set of guidelines to charging and collecting the fee from hotel guests and govern activities of the BTA; (2) make necessary rec- remitting such fees to the BTA. ommendations for improved controls and mitigation The Tourism Authority has recently been measures; (3) work with BTA staff as needed to im- granted the ability to raise this fee to 5.5 per cent, but, plement the Committee’s controls and measures;(4) in concert with the Bermuda Hotel Association, the report to the Board at least quarterly on the activities BTA has decided to only increase the fee to 4.5 per of the Committee in relation to the release of the cent. BTA’s financials to the Board; and (5) approve and Mr. Chairman, the BTA has prepared initial review the annual report and financial statements prior allocations for its 2016/17 grant of $22.7 million plus to approval by the Board and subsequent release of the revenue generated from the Tourism Authority fee, this information to any key stakeholder external to the which will amount to a total budget of $28,000,196. BTA. The planned allocations are as follows, uses by divi- sion: The Chairman: Take your time, Minister. • The Investment Division will be allocated $939,115 representing 3.4 per cent of the total Hon. Patricia J. Gordon-Pamplin: Thank you. My expenses. apologies, Mr. Chairman. • The Product and Experience Development HR Compensation Committee: The Commit- Division will be allocated $3,176,066 repre- tee will review best practices within destination mar- senting 11.3 per cent of the total expenses. keting organisations (DMO’s) to ensure that the BTA’s • The Sales and Marketing Division will be allo- compensation and benefit packages are competitive cated $18,513,610 representing 66.1 per cent with other similar DMO’s. Additionally, the Committee of the total expenses. will periodically conduct compensation surveys to • The Research and Business Intelligence Divi- align employee compensation with other DMO’s who sion will be allocated $814,129 representing have budget parameters similar to the BTA. 2.9 per cent of the total expenses. • The Operations Division will be allocated The Chairman: It is nice to see some bipartisan co- $4,557,276 representing 16.3 per cent of the operation taking place here between the Opposition total expenses. Whip and the Minister. Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, Hon. Patricia J. Gordon-Pamplin: Always, Mr. before I speak specifically to the goals and objectives Chairman, always. There is always cooperation here. of the upcoming financial year, I would like to highlight Additionally, the Committee will periodically divisional objectives and goals and accomplishments conduct compensation surveys to align employee in 2015. compensation with other DMO’s who have budget parameters similar to the BTA. Furthermore, the The Executive Office and Business Intelligence. Committee provides oversight on succession planning and staff performance objectives. • Higher management efficiency of the BTA Board and Committees—and this is ongoing. Sources and Uses of Funds The Board remains extremely engaged in the oversight and management of the BTA. Mr. Chairman, the Hon. Patricia J. Gordon-Pamplin: • Fully integrate performance objective man- year three annual budget allocation will follow the agement culture throughout the BTA—has Government of Bermuda’s fiscal year of April 1, 2016 been completed. This goal has been accom- through March 31, 2017. However, the BTA’s opera- plished as the BTA staff has adapted to the tional model adheres to a calendar year fiscal period. performance objective approach to manage- Sources. The BTA receives funding from two ment. sources: A Government grant and Tourism Authority • Better utility of business intelligence across fee collections. The BTA’s funding is granted every the BTA management matrix—this has been Bermuda House of Assembly Official Hansard Report 11 March 2016 1481

completed. All BTA departments are now rely- industry and community sectors. This is ongo- ing on business intelligence in decision mak- ing. ing and management practice. This is on both • The Director of Stakeholder Relations, on- a strategic and tactical level. boarded in January 2015. • To improve communication with on-island • Strategy developed and implementation is stakeholders and general community—this is ongoing. ongoing and substantive progress has been made. But we are in continuous improvement Product and Experience mode for this objective. Investment • Develop at least three new major signature experiences for shoulder season. This has • Improve and expedite the investment process. been completed. We initiated programmes for This has been completed. sports training camps, Executive Women’s • Various memoranda of understanding estab- Golf Association (EWGA) golf school; Anti- lished with key agencies of the Government. gua/Bermuda Classic Regatta; International • Participate in negotiations and discussions Women’s Keelboat Championships; and the with three current and potential investors. Plein Air Festival. • Establish relationship with major and niche • Secure new calls by cruise ships to St. hotel brands. This is completed. Relationships George’s. This is ongoing. Strategic targeting developed with Starwood, Marriot, Windham, of premium and luxury brands has resulted in Choice, Apple, Hyatt and Hilton. Also at- 50 occasional callers for 2016, an additional tended Marriot’s new owners’ development 15 calls versus 2015, a 43 per cent increase. seminar. Five of these new calls will be to St. George’s. • Strengthen support for existing on-Island ho- Fred Olsen’s Boudicca ship will also berth in tels and hospitality businesses. This has been the town for its America’s Cup cruise in 2017. completed. [They] have held meetings with all • Emphasis on St. George’s product experi- major hotels and medium-sized properties to ence. Implement strategic Cultural Tourism understand key issues and to provide assis- Plan has been completed. tance where possible. • Assure product experience investments align • Develop and implement a Horseshoe Bay with sales and marketing objectives. This is transportation improvement strategy. This has ongoing. Planning and update sessions are been completed. Cabinet paper presented in held regularly, sales and marketing incorpo- November 2015 for approval for funding and rated into experience investment application commencement of redevelopment project. process, new supported experiences provide content for sales and marketing. Operations • Improve Visitor Information Services on Is- land. This is ongoing. In house management • The initial roll out of National Service Stan- of Dockyard VIC [Visitor Information Centre] dards for the hospitality industry has also began on 1 April 2015. The challenge has been completed. Four hundred and nine in- been to balance the high demand for trans- dustry professionals awarded Certified Tour- portation passes versus focusing on VIC core ism Ambassador (CTA) status in quarter two. functions of providing visitor information. Quarter four programme is currently under • Comprehensive ROI review of BTA funded ini- way. tiatives has been completed. • Achieve destination marketing organisation • Established strategy and system for ongoing certification through Destination Marketing total quality management for products and Association International. This has been com- experiences. This is ongoing. pleted. • Full PATI compliance has been completed. Sales and Marketing The BTA was in full compliance with PATI re- quirements on 1 April 2015. • Build year round demand within targeted geo- • Unqualified 2015 Audit—completed with no demographic markets. This is a work in pro- material problems identified by the Auditor gress. General. • Gain significant ROI increases with Pink Sale • End fiscal year within budget parameters. This strategy to build bookings in quarter one has been completed. 2015, Daylight savings promotion and • Raising awareness, maintaining support and Launched “Buy Her Bermuda” test campaign motivating all to speak with one voice across for quarter four 2015.

Bermuda House of Assembly 1482 11 March 2016 Official Hansard Report

• Execute integrated marketing and sales strat- Mr. Chairman, entrepreneurs, some of them egy—a work in progress. funded through a competitive BTA investment pro- • Meet weekly with the entire team to build un- gramme, are at the core of the BTA’s rebuilding of our derstanding and collaboration across the tourism products and experiences. About $700,000 in channels. new investment for this initiative is allocated for 2016 • Execute strategy to layer group and leisure and will generate jobs and returns for the overall demand. economy. Most of these product and experience pro- • Redeploy sales team to focus on advance viders are young Bermudians who have brought their group bookings and concentrated leisure passion and ideas to the fore, stimulating visitor marketing efforts. spending, and giving our destination a new attitude. • Build capacity to better leverage external This new attitude is part of the reason we see partners. improvement in tourism industry performance. It is • Introduce new cooperative partnership guide- also part of the reason the BTA Marketing and Public lines requiring partners to match BTA invest- Relations team in 2015 generated over $26 million ments. worth of earned media in travel publications, newspa- • Create new visual inspirational marketing as- pers and websites across the United States. sets. Worked with on- and off-Island partners A dive below the top-line numbers shows that to secure new still photography and video as- between 2013 and 2014 vacation air arrivals fell by sets to better tell Bermuda’s stories. about 10,000 visitors. Between 2014 and 2015 the year over year decline was 1,700. Numerically that is • Named new Marketing Agency partner to help absolutely a very clear picture of arresting the decline create new brand platform to launch in 2016. of Bermuda’s tourism economy. Regrettably, the

weakness of the Canadian dollar in 2015 was a con- Summary Outlook for Tourism tributing factor in not pushing the air arrival numbers

into positive territory. Canadian air arrivals were down Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, 17 per cent in 2015. If they had just remained flat, to- with hotel development progressing through the plan- tal air arrivals would have been up for the year. That, ning pipeline, an increased number of hotel jobs in in and of itself, is a positive sign. 2015, new airlift capacity, and the bright prospect of th Mr. Chairman, the Government’s confidence the 35 America’s Cup, our tourism industry presents in the BTA continues to build. The BTA has finally a positive outlook for the country. crawled out of business relationships which were less Due to collaboration between the public and than advantageous to Bermuda and its ability to mar- private sectors, plus prudent marketing partnerships ket the Island in a highly competitive environment. between the airlines and the Bermuda Tourism Au- With a new advertising agency, a new PR firm, a new thority, air arrivals are better positioned for growth in social media and website platform, the BTA is well 2016. In the first quarter of this year airline seat ca- positioned in 2016 to achieve its growth objectives for pacity will increase 18 per cent. This will help give va- Bermuda tourism. cationers easier access to the Island by air and, per-

haps more importantly, provide a greater opportunity

to lure businesses and leisure groups—a performance 2016 OBJECTIVES AND GOALS

area that lagged in 2015 as a result of poor group Mr. Chairman, sales booked before the start-up of the BTA. Hon. Patricia J. Gordon-Pamplin: measuring the impact and success of the BTA occurs Mr. Chairman, tourism insiders know that quarterly and within the BTA’s annual report. The BTA group travel is critical to a healthy tourism industry. It continually monitors performance in three tiers: for the provides a base load of business the industry can destination market, for the organisation, and within manage against by layering in individual vacationers. each division. That is why the BTA reorganised and redeployed its The BTA is committed to assessing and re- group sales team in 2015. That has helped to get porting on the effectiveness of the sales and market- group sales on the books for 2016 and 2017. These ing strategy as well as the organisation’s operational bookings are essential to keep the industry’s employ- efficiency as measured by timely and on-budget exe- ment levels high on a year round basis. cution of activities. Simultaneously, due to strategic targeting of Throughout this plan we use the term “objec- influencers in the cruise industry, more cruise ships tives” to indicate specific, tactical, measurable or tan- will call on Bermuda in 2016 bringing a projected 10 gible achievements. The term “goals” is used to de- per cent increase in visitors and more occasional calls scribe a longer term strategy or outcome that may not for our ports in Hamilton and St. George’s. Those two be measurable or tangible necessarily. ports will see visitors with deeper pockets, and it is the

modern day trend for smaller ships in the cruise busi- ness. Increased direct spending is anticipated across 2016 Strategic Goals—Destination Market

the Island from cruise ship passengers in 2016. Performance Bermuda House of Assembly Official Hansard Report 11 March 2016 1483

• work with on-Island hotels and smaller proper- Hon. Patricia J. Gordon-Pamplin: The goals of the ties to increase investment in redevelopment 2012 Bermuda National Tourism Plan are still relevant through proposed incentive act; for 2016, and include: • work with the Ministry of Public Works to • building a unique and competitive positioning; manage and deliver the Horseshoe Bay im- • reducing seasonality; provement project; • rebalancing air versus cruise arrivals; • create an investor handbook; • increasing visitor expenditure; • expand the draft tourism infrastructure plan. • improving quality through tourism value chain; • creating jobs and building pride; Products and Experiences: • business development and attracting invest- • complete implementation of ongoing projects ment; from 2015; • building economic, social and environmental • establish product and experience enhance- sustainability. ments targeting specific local economy sec- tors, i.e. retail, entertainment and wellness, to The objectives of the BTA organisation for increase visitor arrival and/or spending within 2016 are: each; • an increase in vacation air arrivals; • leverage technology and influence transporta- • an increase in cruise arrivals; tion enhancements to support quality service • an increase in vacation visitor spending; for visitors; • unqualified audit; • implement additional initiatives to enhance • balanced budget; Bermuda’s beach economy; • full PATI compliance; • establish experience development strategy for • increased return on experience measured by the business and MICE [meetings, incentive, visitor satisfaction, value perception, likelihood conferencing and exhibitions business] sector. to recommend or revisit Bermuda. Operations: Mr. Chairman the following is a summary of • introduce vocational rental programme initia- the 2016 key BTA organisational objectives and tives; goals—Management Metrics for each Business Unit. • expand National Service Standards pro- gramme; Executive Office and Business Intelligence: • lead community based tourism appreciation • to continue to manage the Board to a stan- themed “Call to Action.” dard of best practice; • to better integrate sales and marketing with Sales and Marketing: our product and experiences efforts; • increase total future spending, influenced by • assure the management of the BTA is positive BTA; and employees come first; • increase ROI for marketing companies; • continue to proactively identify research • increase leisure room nights, influenced by needs and effectively communicate intelli- the BTA; gence across the organisation; • increase meeting and incentive leads gener- • streamline use of intelligence by rolling out ated; dashboard tools and integrating business in- • increase meeting and incentive room nights, telligence and CRM tools. influenced by the BTA.

Investment: DIVISIONAL DETAILS FOR 2016 • review and modernise legislation that cur- rently retards investment in tourism related in- Research and Business Intelligence dustries; • operationalise the investment process, post Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, the the passing of a new Tourism Incentives Act; Research and Business Intelligence Division conducts • work with Government to identify tourism des- consumer research, tracks tourism trends, and meas- ignated assets; ures customer satisfaction with on-Island product and • to market to international investors; experiences. The Division measures brand and adver- tising performance in key markets on an ongoing ba- • expand, deepen and strengthen existing rela- sis and conducts both quantitative and qualitative re- tionship with hotel brands and developers search on consumer and industry trends. The group through attending conferences and/or individ- ual meetings; Bermuda House of Assembly 1484 11 March 2016 Official Hansard Report also assesses competitive positioning, general tour- • Maintain an up to date and accurate data ism trends and new markets. base of statistics. Inquiries of the R&BI team The tourism industry is a fast-changing, dy- are made on a daily basis from stakeholders namic market. Up to date and relevant research is and partners, both internally and externally. necessary to maintain an advantage against competi- Keeping our data base of statistics up to date tive destinations and to become leaders in the market. is necessary to answer questions on a timely For the Tourism Authority and its stakeholders, basis. awareness of market trends, emerging opportunities • Gather and analyse local perception. Biannual and challenges is critical for future planning and polls will be taken to measure perception of growth. tourism and the BTA within Bermuda. Ques- Goals: tions will be adjusted as needed and results • Fully implement total quality management will help shape the communication strategy on (TQM) measurement, a strategy that has Island. been developed to measure all products and • Gather and analyse demand and conversion experiences on-Island using aggregated data for sales and marketing initiatives. In- online review data. All businesses in the tour- creasing demand and ultimate conversion for ism chain are covered using this technique. air passengers will assist the BTA in meeting Process will be implemented in 2016. its main objectives. Analysing third party data • Update Tourism forecast. The forecast will be on personas and geographic regions can help updated to reflect changes in expected hotel identify trends and optimise marketing spend. inventory and economic conditions. Forecasts • Assist the product and experience team in will include: hotel inventory, visitor expendi- analysing the ROI/ROE and identifying gaps. ture and arrivals by type. ROI an ROE will continue to be measured on • Integrate business intelligence and customer BTA supported initiatives. R&BI will support relationship management (CRM) systems. In- with analysis and economic impact calcula- dustry partners will be able to enter data and tors. Exit surveys and TQM measurements access reports through the extranet when the will assist in identifying gaps for future product new website is live. R&BI [Research and development. Business Intelligence] will also work with oth- ers on the BTA team to ensure robust training Activities: of partners. • identify, manage and execute research as • Implement and roll out dashboard tool. All ma- needed–ad hoc surveys, online panel sur- jor metrics used by the BTA to measure the veys, internally executed or purchase of syn- health of the tourism industry as well as or- dicated research; ganisational metrics will be accessible to any • alignment of data captured with BTA objec- user via the web. tives; • Provide analysis and assistance for airlift de- • streamlining data sources and analysis; velopment strategy. Ongoing analysis will be • periodic performance reporting, including arri- conducted on trends in air capacity, load fac- val statistics, hotel statistics, demand and tors, new routes. PACE and future schedules conversion, exit survey results, local percep- will assist the Government and the Airport tion poll, ad hoc/online panel surveys, visitor create an air service strategy for the future. expenditure and satisfaction. • Maintain and update online panel. Panel will • economic impact and forecasting: be updated periodically and asked to partici- • total quality management (TQM)–implement pate in relevant studies resulting from busi- measurement strategy and results distribution. ness questions. Investment Division Objectives: • Effective communication of research. Rele- Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, the vant research and business intelligence find- Investment Division is responsible for attracting, facili- ings need to be communicated to internal tating, and managing the investment process across stakeholders on a timely basis. the full spectrum of the Island’s tourism economy with • Collectively identify research needs. specific focus on hotel investment. • Manage and execute research projects on The Goals: relevant industry topics, work closely with • Modernise hotel related policies and legisla- other BTA divisions to identify business ques- tion. Co-lead the review of the Hotel Conces- tions, monitor trends and share leading indus- sions Act 2000 with the intent to introduce a try information.

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new concessions model together with the Min- multiple avenues with luxury and other hotel istry of Tourism and Transport. brands. Create an investor and hotel brand • Develop a hotel investor concierge service. data base outlining base requirements for in- Co-lead the development and implementation vestment and operations; hold an Investor of a concierge service together with the Minis- Operator Forum. try of Tourism and Transport. • Capital Investment Fund. Consult with BTA • Develop tourism infrastructure strategy. Work legal counsel and in conjunction with BTA op- collaboratively with the Ministries of Public erations, to consider creating a separate legal Works, Economic Development, Tourism and entity to own and manage investment fund Transport to identify key infrastructure invest- and tourism assets. If this initiative is ap- ment and development opportunities. proved the investment section will develop • Develop and maintain a data base of tourism and finalise fund operating and investment re- investments. quirements; develop and outline avenues for • Identify and maintain a stakeholder data base investment in the fund by interested parties. In to strengthen relationships through meetings consultation with the Ministries of Tourism and and outward engagements in collaboration Transport, Public Works, and various local with the BHA and Bermuda Hotel Employers agencies, identify potential tourism assets for Associations. investment. • Continue investor outreach strategy. Continue to build strategic relationship with key inves- Product and Experience tors and hotel brands through direct meetings and/or attendance at conferences. Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, in 2016 the Division will focus on: Objectives: • completing implementation of ongoing pro- • Implement a new Tourism Investment Incen- jects from 2015; tive Act. A new Act has been reviewed, final- • establishing product and experience en- ised and passed in Parliament. hancement, targeting specific local economy • New concierge service. A new concierge ser- sectors to increase visitor arrivals and/or vice for domestic and international investors— spending within each; established and implemented. • leveraging technology and influencing trans- • Investment data base. Tourism data base of portation enhancements to support quality investment projects and opportunities. service for visitors; • New capital investment fund. Fund to provide • implementing additional initiatives to enhance investment support for identified tourism re- Bermuda’s beach economy; lated projects and/or assets. • establishing experience development strategy • Investment Forum Conference. Host, follow for the meetings, incentives, conference and up investor and operator forum to understand exhibition (MICE) sector. sentiment towards progress in investment en- vironment. Goals: • Infrastructure Assets. Identify critical tourism • increase the overall attractiveness and com- infrastructure assets for development and in- petitiveness of Bermuda as a tourism destina- vestment. tion; • strengthen tourism demand; Activities: • reduce seasonality; • Concierge service. Meet with Ministries of • approve and allocate experience investments; Tourism and Transport, Home Affairs, Public • Develop the five tourism hubs—St. George’s Works and Economic Development to create and St. David’s, Hamilton, Dockyard, South an investor concierge service. Shore and offshore Bermuda; • Local stakeholder engagement. Meet property • Improve quality throughout tourism value operators responsible for the top 75 per cent chain; of hotel rooms to understand operating and • Execute NTP product development initiatives. investment requirements. Meet with small property owners and operators to understand Objectives: operating and investment requirements. • Hub 1: Secure expanded small ship service • International stakeholder engagement. Attend for St. George’s for the 2018 season, as well various international hotel investment devel- as America’s Cup; implement identified priori- opment conferences with at least one speak- ties and actions under Hub 1 Cultural Tourism ing promotional engagement. Engage through Plan—St. George’s and St. David’s.

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• Improve services and revenue generation at Dockyard VIC to bring Bermuda’s Visitor In- Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, the formation Services framework in line with following key activities are targeted for 2016 by major global best practice. Direct BTA management activity area and the timing of completion: of VIC’s also designed to yield efficiencies • Product development strategy. Review and and possible revenue generation. revise the experience investment application • Produce regulatory and quality performance process to address seasonality issues more assessments; achieve stakeholder engage- effectively. ment to maintain excellence in results– • Confirm relevant product enhancements Monitoring of quality and competitiveness of and/or on-Island experience partnerships with Bermuda’s visitor experiences, categorised by cruise lines to support St. George’s service. local hospitality market sector. Implement • Conduct outreach and complete surveys to regular destination experience performance local and IB business sectors and confirm pri- assessments (monitoring reports, stakeholder orities for action. engagement and incentives for continuous • Develop and implement pop-up beach ameni- quality improvement.) ties to pilot at Clearwater and Mangrove Bay. • Develop and implement specific new events • Confirm action plan and roll out for Horseshoe and/or experiences targeting visitors in the re- Bay upgrades plus possible investments for tail, entertainment and wellness categories, beach pop-up outlets with the investment divi- targeting specific economy sectors to increase sion. visitor arrivals and/or spending within each. • Develop new signature experiences for the Culture and Leisure arts and culture season that will include at least two new sport signature experiences, • Implement Hub 1 Cultural Tourism Action build on golf and sailing, and at least two new Plan. arts and culture signature experiences. • Implement partnership activities on-Island with • Complete work to establish experience en- cruise lines under cruise ship strategy to facili- hancement and entrepreneurial opportunities tate increased service to St. George’s and at Clearwater Beach, Horseshoe Bay, and target high-end cruise visitors. Mangrove Bay implementing additional incen- • Identify and confirm at least two new signa- tives to enhance Bermuda’s beach economy. ture experiences for 2016/17—A&C Season, • Develop and implement at least one major business case and budgets. signature experience focused on local food • Identify and develop arts and culture projects culture that significantly differentiates Ber- with the greatest ROI/ROE based on BTA muda’s culinary profile, designed to extend goals. food culture strategy, provide opportunities for • Develop and implement operational improve- local stakeholder engagement, increased visi- ments at Dockyard Visitor Information Centre. tor arrival and spending. • America’s Cup: Implement additional new Sports and Events events, experiences and partnerships to fur- ther leverage AC for legacy purposes. Particu- • Identify and confirm at least two new signa- lar focus on sailing calendar events, for ex- ture experiences for 2016/17—A&C Season, ample, the Antigua to Bermuda Race, Spirit of business case and budgets. Bermuda, Race to Bermuda Bespoke cruises, • Develop and launch at least two golf experi- et cetera. ences, specifically targeting women golfers as • Leverage technology and influence transpor- key niche markets. tation enhancement to support quality service • Identify opportunities and confirm VIP experi- for visitors. Focus on two specific areas in ence packages for America’s Cup Races. conjunction with relevant public and private Schedule of at least eight confirmed teams for sector stakeholders. Wi-Fi initiative and digital sports training camps at the National Sports delivery of experiences, transportation–taxi’s Centre. in particular. • Identify and develop sports projects with • Analyse current customer satisfaction and greatest ROI/ROE based on BTA goals. identify new or enhanced offerings to build on • Review and revise the experience investment Bermuda’s competitiveness for business and application process to address seasonality is- MICE visitors. Conduct outreach and com- sues more effectively. plete surveys with local and international business sectors to confirm priorities for ac- Quality Management tion. Bermuda House of Assembly Official Hansard Report 11 March 2016 1487

• Training and Standards: Partner with educa- • Develop and implement an approach for tional and training stakeholders to deliver ex- stakeholder engagement– ensure BTA en- panded skills programmes under NSSP. gages experienced operators, transportation • Deploy additional BTA certified Tourism Am- providers, restaurants, hotels and vacation bassadors across industry sectors by June rental sectors on shared commitment to qual- 30, 2016. ity product and visitor experiences. • Tourism appreciation: Lead stakeholder sup- • Implement monitoring reports, stakeholder ported private/public sector beautification pro- engagement and incentives for continuous ject. quality improvement and industry update ses- • Human Resources: Continue human resource sions. strategy action items that support BTA’s inter- nal brand promise. Operations Activities Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, this General Operations: Division is responsible for human resources, finance • review all contracts for vendor compliance; and accounting, information technology, facilities, real • maintain PATI compliance; estate management, legal and contracts. The division • release corporate reports versus annual re- handles management and financial reporting, estab- port; lishes corporate policies and procedures, plus over- Finance: sees all corporate functions. • audit preparation and developing financial The division also has the responsibility for the procedures for receiving vacation rental prop- development and deployment of National Service erty activity revenue. Training Standards and management of the BTA’s on- Human Resources: Island and stakeholder communications plus tourism • support internal launch of BTA’s brand prom- appreciation initiatives. Goals for this division: ise; Corporate governance/General Operations: • identify most advantageous health benefits • Ensure BTA complies with all jurisdictional re- plans for BTA (renewal due); porting requirements, utilising industry best • identify key positions for succession planning practice. and initiate relevant development plans; • Deliver an unqualified audit. • complete performance appraisals process; • On-Island communication stakeholder and • deploy satisfaction survey; community advocacy– Grow third party en- • BTA full team building exercises; dorsements. Develop and actively maintain On-Island communications; revamp BTA corporate two-way community communication and edu- website to support community and stakeholder com- cation channels. munications across internal divisions subject to launch Tourism Appreciation of new website. • Introduce neighbourhood beautification pro- Stakeholder Relations: ject; continue to grow #lovemybermuda cam- • VRP programme introduction. paign and develop revenue streams from re- • lated merchandise. Further develop tourism forward media out- Training and Standards reach campaign. Tourism Appreciation: • Develop and introduce industry wide service • standards. deploy Phase 4 of Tourism Appreciation cam- paign; • Implement BTA “seal of approval” across re- • tail, service and vacation rental property sec- launch community service initiative; tors. • maximise reach of hospitality month; • 400 additional Tourism Ambassadors across • introduce #lovemybermuda merchandising industry. programme with revenue opportunities; • 75 per cent retention rate during CTA renewal I-Technology: Full implementation of customer rela- process. tionship management system (CRM). Human Resources and I Technology Training and Standards: • • Support internal brand alignment; objectives National Service Standards Programme for this division: Corporate and governance: (NSSP) cross-industry standards agreed. • • Continued compliance with PATI legislation. NSSP skills specific training introduced. • • Stakeholder communications: Strengthen di- CTA retention drive. • rect community communication programmes Introduction of the BTA “Seal of Approval.” and channels. Sales and Marketing Bermuda House of Assembly 1488 11 March 2016 Official Hansard Report

is where people, cultures, and a certain mystique swirl Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, the together connecting you to a place far from your eve- Sales and Marketing Division sets and executes the ryday life. sales and marketing strategy of the organisation with Sounds quite romantic. the ultimate goal of generating incremental air arrivals to Bermuda. The focus is to deploy an integrated plan Geographic Demand targeted at key markets resulting in the greatest return Hon. Patricia J. Gordon-Pamplin: Top source mar- on investment for the Island and its partners. Goals for kets searching online for hotels in Bermuda are: this division include: • New York City; • arrest the decline in visitor numbers and value • Boston; perception; focus more resources in fewer key • Washington, DC; markets for greater return on investment; • Philadelphia; • increase air arrivals, spending and experience • Orlando; on island, includes accommodation, food and • Charleston; beverage sales, experiences and attractions, • Chicago; transportation, jobs, taxes through optimum • Baltimore; occupancy and room rates; • Atlanta; • build differentiation for Bermuda; • Toronto; • implement the new brand platform with more • Los Angeles; deeply integrated marketing and sales strat- • Dallas; egy, matching Bermuda’s authentic experi- • San Francisco; ences with the consumer’s desire for aspira- • tional escape; Hartford, CT; and • • build year round demand; increase and layer Providence, RI group and leisure demand; Brand platform opportunities and rewards: • build internal capacity; better execute strate- • gies and increase efficiencies in house. from Sun and Sand, to a year round destina- Objectives: tion tied to its attitude rather than its assets; • • increase total future visitor spending—spend from somewhere in the Caribbean, to an is- influenced by BTA will be tracked monthly; land set apart by its location and way of life; • • increase returns on investment from market- from old and stuffy, to out there it is full adven- ing campaigns—ROI will be measured for ture and mystique, you never know what is each campaign against visitor spend; going to happen next; • • increase leisure room nights—room nights in- from a place I’ve heard about but it isn’t for fluenced by BTA will be tracked monthly; me, to a place that I’m drawn to, it’s where I belong. • increase meeting and incentive leads gener-

ated—leads will be tracked on an ongoing ba-

sis; Brand alignment

• increase meeting and incentive room nights— Hon. Patricia J. Gordon-Pamplin: Bermudians– room nights influenced by BTA will be tracked position Bermudians as the keepers and curators of monthly. this lifestyle only made possible by the mix of cultures

and people. Enhancing Bermuda’s brand platform Travellers—gives them an attitude and a per-

sonality to associate with Bermuda. Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, Meetings and events—positions Bermuda as Bermuda has many stories to tell and a destination’s an island destination that stands out from the others brand creates an emotional bond between the place by not focusing on its assets. I just want to relax, and the people. With nearly 100 personal interviews translates into a place where they can unplug and get and key insights from research and conversations, the away. BTA has established a brand foundation to help guide how we share Bermuda’s many stories. Leisure Marketing Bermuda’s brand platform must connect emo- tionally, set Bermuda apart from the Caribbean is- Hon. Patricia J. Gordon-Pamplin: Activities in 2016 lands, be true to Bermudians, leverage Bermuda’s include marketing: mystique, change the conversation. • introduce revised brand platform through all Bermuda’s brand promise: To the thrill seek- channels; ers, explorers, romantics and originals among us, Bermuda is set apart by its location and way of life. It

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• focus marketing strategies on clearly defined • implement a comprehensive CRM system and high-yield visitors to recover Bermuda’s lost approach targeted specifically for different value; market segments’ needs—M&I, Travel, Trade, • to integrate efforts across the board including Press, Partners, et cetera; paid, owned and earned media along sales • continuously measure and optimise digital strategies and touchpoints; marketing efforts to maximise results; • create and produce compelling promotions • Create and distribute monthly consumer e- and campaigns—“Pink Sale,” “Summer Fri- newsletter. days”—to generate incremental leisure de- mand; using the brand platform as a competi- The anticipated outcomes include: tive advantage to focus on Only in Bermuda • increase visitation based on expanded knowl- experiences; edge about Bermuda and island experiences; • prioritise marketing strategies and select ap- • more engaged advocates sharing stories, im- propriate partners to help pull consumers ages and recommendations about Bermuda; through decision making process from dream- • Expanded brand awareness of Bermuda. ing about a vacation to research and planning, booking, experiencing and sharing; Mr. Chairman, with regard to public relations • create visual and inspirational asset content and social, the BTA will: throughout independent and collaborative ef- • aggregate stronger and more comprehensive forts, building BTA’s internal asset library; editorial calendars by market segments and • develop custom content distribution and ex- season; plore appropriate syndication opportunities; • create and distribute a quarterly media news- • develop and execute global content plan to letter; ensure timely content addressing seasonal • conduct proactive outreach to targeted jour- experiences and release dates in alignment nalists and outlets; with consumer planning processes; • host at least 40 qualified individual journalists’ • seek sponsorships and partnerships with ap- trips throughout the year; propriate brands and events to position Ber- • host at least five press trips by key feeder muda as a lifestyle brand; markets or themes; • maximise the impact in alignment with major • conduct media missions, desk side visits in events, such as the AC World Series Racing five feeder markets including New York, Bos- event; ton, Washington DC, Chicago and Toronto; • employ promotions showcasing unique ex- • develop relationships with producers and periences; travel correspondents featured on national, • identify and nurture local and global influen- regional and cable programmes to develop cers and personalities to help share Ber- destination feature stories; muda’s stories across multiple channels. • research and qualify syndicated regional radio shows and TV programmes to broadcast live Mr. Chairman, the anticipated outcomes in- from Bermuda with a special emphasis on clude: seasons and themes to increase travel year • raising awareness, desire and ultimately visi- round; tation to the island; • leverage film and production opportunities to • increasing visitation and spending due to generate travel, production business, and ul- greater understanding about the island and timately exposure for Bermuda; her experiences. • work with online stakeholders to streamline and improve film permitting and processing to Mr. Chairman, with regard to digital marketing, create more opportunities; the BTA will: • identify and support new film and photo shoot • complete new website to improve Bermuda’s opportunities through targeted trade shows digital footprint across all key markets; and sales calls with decision makers and loca- • integrate social media with media, trade and tion scouts; consumer marketing in all global markets; • work with island partners and their PR reps to • manage search engine marketing efforts and strengthen strategic PR efforts; optimise seasonally to drive round websites • proactively monitor social conversations about traffic; Bermuda to engage with prospective visitors • manage a segment and grow a qualified con- and influencers; encourage influencer and sumer data base for direct marketing efforts; stakeholder engagement through a compre- hensive social strategy; Bermuda House of Assembly 1490 11 March 2016 Official Hansard Report

• grow followers and engagement through all of Luxury Hotels International (ALHI) to generate more BTA’s social channels, blogs, Instagram, leads for Bermuda. Facebook and Twitter, et cetera. Within the group market, we are focusing on specialty fields that have an affinity with Bermuda and The anticipated outcomes include: align with the market profile, including: Insurance and • positive media coverage from targeted media Finance, Pharmaceutical and Medical and Consumer outlets; Product Sales (i.e. automotive industry). • growth in audience and engagement in social On the leisure side, BTA focused one team media communities; member to specialise in training reservation centre, • engaged advocates sharing stories and im- call centre and travel agents. ages on behalf of Bermuda. Sales & Marketing—Group Sales Mr. Chairman, with regard to the travel/trade partnerships, the BTA will: Activities include: • expand integrated partnerships designed to • Research and analyse Bermuda’s group sales target high yield customers to create incre- data to identify opportunities and to launch a mental demand, i.e. Virtuoso and Signature; new prospecting campaign. • work with market partners to leverage direct to • Continue to utilise the incentive fund to strate- consumer and tour operator cooperative op- gically place new opportunities to group busi- portunities and bolster support for Bermuda- nesses in need years and periods. specific and twin centre holidays as appropri- • Leverage ALHI’s Global Luxury Alliance 60 ate; person sales team to increase Bermuda’s • leverage Bermuda brand messaging through presence in the M&I market and increase lead strategic cooperative marketing agreements; generation. • leverage targeted trade shows or market- • Create a Top 20 Target List for each market places to strengthen influencer relationships; segment, with input from industry partners, to • facilitate Bermuda in-person and webinar- help focus sales efforts. based destination training and itinerary devel- • Produce a minimum of two showcase events opment for reservation/call centres for airlines, in key target cities or around certain shows, vacation outlets, and other trade partners to partnering with ALHI, Bermuda hotel and in- update them on island positioning, seasonal dustry partners. experiences and developments; • Target qualified multi-management compa- • build stronger relationships with key travel nies to host executive management, client or trade through personal sales calls and regular board retreats in Bermuda (Leadership Sum- presentations to share updates on island de- mit confirmed for 2016). Others may include velopments; Helms Briscoe, Conference Direct, American • host at least one fam tour for key trade part- Express, Smith Bucklin, Kellen Company, ners to showcase Bermuda’s experiences and among others. developments; • Implement a comprehensive CRM system and • evolve the Tour Operator/Partner Summit for approach targeted specifically for different better engagements and results. market segments’ needs (M&I, travel trade, press, partners, et cetera). The anticipated outcomes include: • Work with partners to create experiential site • increase travel partner support and participa- visits that wow and convert clients. tion in Bermuda marketing activities; • better knowledge and confidence of agents The anticipated outcomes include: and operators in recommending Bermuda; • increase group business to Bermuda, creating • increase bookings from travel seller partners. a foundation of business further into the fu- ture; Sales and Marketing—Group Sales Deployment • deliver more leads and referrals from the group market to Bermuda’s travel industry; Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, in • increase the knowledge and confidence of 2015 the BTA redeployed the sales team to be more meeting professionals and third party planners focused on specialty group sales markets that fit Ber- in recommending Bermuda to their clients; muda’s profile, specifically the corporate/incentive, • better efficiencies and ultimately better ROI in association, social and golf markets. The organisation sales efforts. also joined Global Luxury Alliance of the Associated Group Sales (Marketing Support)

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hold targeted, high-profile industry meetings Marketing Activities: or forums in Bermuda. • Create a few, select integrated partnerships with targeted media partners in and around The anticipated outcomes include: business travel that align with and can elevate • stronger relationships and greater efficiencies Bermuda’s position in the marketplace (i.e. with BTA and industry partners; BizBash, Travel + Leisure’s new BTAB, and • engaged and proud advocates working in Cvent). partnership and on behalf of Bermuda. • Familiarise clients with Bermuda by develop- ing collateral, e-newsletters and webinars. Mr. Chairman, the outlook for tourism in Ber- • Improve marketing technology and support for muda for 2016 is promising and with the hard work of convention sales process to increase our the team at the BTA an increase in arrivals and a competitive advantage. positive impact on the Tourism and wider economy • Enrich Bermuda’s digital footprint of content can be achieved. addressing the Meetings and Incentive mar- Thank you, Mr. Chairman, and this concludes ket, as professionals are increasing the use of my presentation of the Bermuda Tourism Authority, Google and other search engines to discover Head 48. new meeting locations. • Create new tradeshow booth and graphics. The Chairman: Thank you, thank you, Acting Minister for Tourism Minister Ms. Patricia Gordon-Pamplin of Outcomes include: constituency 23. • increase market share of meetings and events The Chair now recognises the Shadow Minis- for Bermuda; ter for Tourism and Transport Mr. Jamahl Simmons. • increase knowledge and confidence of meet- ing professionals and third party planners in Mr. Jamahl S. Simmons: Thank you, Mr. Chairman. recommending Bermuda to their clients. Mr. Chairman, I would like to congratulate the Minister for staying on her feet for so long and filling in PR & Social for the substantive Minister. I do not intend to keep her in her chair as long as she kept me. • work with island partners and their US-based Mr. Chairman, first, I would like to begin by reps to strengthen strategic PR efforts; thanking the Bermuda Tourism Authority workers. And • research editorial calendars and create adver- I have to preface my comments by thanking the BTA torials; workers because I do not blame them for what is go- ing on. I do not blame them for what is going on. • expand relationships with key meetings mar- Mr. Chairman, today the BTA issued a state- ket media through targeted press trips and ment condemning the protestors outside. And as you story pitching; see, Mr. Chairman, I am talking about Head 48, Minis- • build meeting professional and influencer ad- try of Tourism Development, under which the BTA vocacy and increase engagement through so- falls. They issued a statement chastising the people cial media outlets such as LinkedIn. for protesting and [the BTA were] displaying anxiety

about the economic impact on the hotels. Outcomes include: But, Mr. Chairman, what we see here today in • positive media coverage from targeted media this Chamber that the BTA cannot see, is the anxiety outlets; in the eyes of Bermudians who are asking themselves • engaged advocates sharing stories and im- when the BTA asks them, What about the impact to ages on behalf of Bermuda. the economy? They are saying, What economy? Be- cause they are not working—many of them—they are Partner Activation not seeing the turnaround and they know that we are facing a 49-year record low in air arrivals, Mr. Chair- • hold bi-monthly meetings with hotel sales man. teams and key island business partners; Mr. Chairman, I think that the BTA does not • use the “Bring it Home” campaign to encour- understand the anxiety Bermudians are feeling. And age island stakeholders and friends to partici- that anxiety should not be laid at [the feet of] the pro- pate in pitching appropriate groups to come to testors, it should be laid at the feet of the Honourable Bermuda. Offer BTA services when they are Premier whose decisions have created this anxiety spearheading specific efforts that align with and exacerbated those conditions, have created con- BTA market segmentation and seasonality; ditions that left unchecked, unresolved, will continue • explore partnerships at the island and interna- to see these levels of disruption. tional levels with key influencers to create or Bermuda House of Assembly 1492 11 March 2016 Official Hansard Report

So, Mr. Chairman, I do not want to be unkind monumental task. But we have recently increased the to the Premier because it is not all his fault for some of cost of coming to Bermuda through departure tax, the anxiety that we see in the people outside. Part of through guest tax, we have made it more expensive to the anxiety that Bermudians feel and the concern come to Bermuda. Bermudians feel must be laid at the feet of the Minis- And, Mr. Chairman, when we look at the sur- ter of Tourism because of his failure to produce—his veys conducted by the BTA, when they looked at the failure to produce, Mr. Chairman. people who clicked on the websites, who clicked on Mr. Chairman, the Honourable Minister was the Facebooks, who clicked on the Twitter, to go and part of a team that promised jobs in tourism. They follow through to purchase tickets, the links drew them promised construction in tourism, hotel jobs in tour- in, the pictures drew them in, the marketing approach ism, they promised increased air arrivals, they prom- of the workers in the Bermuda Tourism Authority drew ised increased cruise arrivals. But, Mr. Chairman, it them in, but yet when they clicked through, they found has not happened. For successive years it has not our hotels too expensive, our airline tickets too expen- happened, Mr. Chairman. sive. Those were the reasons given why many people The Minister’s brief spoke of an economic who were lured in by the attractive marketing did not turnaround, but I would ask if the people outside share actually close the deal. the assessment that the economy is turning around Mr. Chairman, in good conscience, how can for them. For them is it turning around? I would say the Minister continue to stay on in this role? How can no. And, Mr. Chairman, despite a 49-year low in air he continue with this lack of performance and no ac- arrivals, no one has been held accountable, not one countability? person. Mr. Chairman, you know, in Bermuda, when Now, Mr. Chairman, I looked all through the you travel as a Bermudian and you speak to people Budget Book and I saw no performance measures for about coming from Bermuda, what is the first thing the Tourism Department, the Ministry of Tourism De- they ask you? They say, Oh, like the Triangle? The velopment and Transport. And, Mr. Chairman, I un- Bermuda Triangle? And with this tourism and this ap- derstand that they would not have performance proach to tourism it has been our cruise ships that are measures in the book because they are not exactly a lost in the Bermuda Triangle, it has been our air lift traditional department. But, Mr. Chairman, I do not that has been lost in the Bermuda Triangle, it has blame them for not putting performance measures in been our visitors that have been lost in the Bermuda here because the performance measures, if they were Triangle. But the “triangle” that has not been held ac- honest, air arrivals, in particular, have not been good. countable for it is the Minister, the Chairman and the They have not been good. And yet no one has been CEO. That triangle continues to sit there with impunity held accountable. without being held accountable for non-performance. Mr. Chairman, the Minister with the 49-year Now, Mr. Chairman, if that does not motivate low in air arrival remains within impunity. Mr. Chair- the Premier to act, if it does not motivate the Minister man, the Chairman of the BTA with a 49-year low in to act, if it does not motivate the Chairman to act and air arrivals remains with impunity. Mr. Chairman, the hold someone accountable, then perhaps the Hon- CEO of Bermuda Tourism Authority remains not only ourable Premier could think of another triangle—the with impunity, but with bonuses, after a 49-year low in triangle of the husband, wife, and child—who are rely- air arrivals. ing on performance, the jobs that were promised, the We are not addressing non-performance. In projects that were promised, the hotel opportunities fact, we are rewarding it, Mr. Chairman. How long will that were promised, that have not been delivered. the Premier give the Minister to turn things around? That is the triangle they should think of if we are not How long will the Minister give the Chairman to turn going to hold people accountable, if people will sit in things around? How long with the Chairman give the positions with impunity and continue to not perform. CEO time to turn things around? That is the question Someone must be held accountable, Mr. Chairman— on many people’s minds. Because the Premier may someone—and if not for the taxpayer, at least for the have confidence in the Minister, the Minister may families of Bermuda who are expecting performance. have confidence in the Chairman, the Chairman may If we are going to see any turnaround, tourism will be have confidence in the CEO, but if I ask the people key to that. out there in the community do they have confidence in And, Mr. Chairman, if the Premier was in his any of those parties? I would say the answer is no, seat he would know cows cannot produce milk if they Mr. Chairman. I would say the answer is no. are not grazing. And right now Bermuda is not grazing And, Mr. Chairman, we (give me a second) and the BTA is not grazing to the full extent under the . . . we continue to hear that it is coming, that it is leadership that we are seeing from the Minister, the coming—the jobs are coming, the turnaround is com- Chairman and the CEO. Who will be held account- ing. And like I said, I do not hold any issue with the able? Who will be moving forward to address the lack workers at the BTA and the people in the trenches of performance? We cannot continue on this path. doing their best to turn things around because it is a Bermuda House of Assembly Official Hansard Report 11 March 2016 1493

Mr. Chairman, every day that that triangle of The Chairman: The Chair recognises the Shadow failure stands, every day that the Premier allows that Minister. triangle of failure to go without being held account- You have a point of order? able, to stand with impunity, is another day that our people continue to not have jobs, they continue to not POINT OF ORDER see opportunities, they continue to bear the brunt of non-performance. Mr. Jamahl S. Simmons: The Honourable Minister Thank you, Mr. Chairman. must have missed the point of what I was saying, just to clarify for her, I am criticising the 49-year low in air The Chairman: Thank you, Shadow Minister. arrivals and the poor, poor performance on all those Are there any other Members who care to jobs because most of those they have listed are not speak to this Head? permanent jobs. No? The Chair now recognises the Acting Thank you. Minister. The Chairman: Thank you, Shadow Minister. Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. The Chair now recognises the Acting Minister, Chairman. once again. Mr. Chairman, let me just say . . . let me thank the Honourable Member for his contribution. And let Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. me say, Mr. Chairman, that while he prefaced his Chairman. comments respecting the bulletin that was issued by Mr. Chairman, I believe that the Honourable the BTA today expressing concern about the impact Member needs to listen to his own words. He says on the tourism industry, the Honourable Member went there have been no jobs created in tourism, there on to say that the frustrations that were exhibited have have been no jobs created in tourism construction, but to be put back to the Government as a result of no he is now qualifying his comment by saying that the jobs in tourism, no jobs in tourism construction. jobs that have been created are not permanent jobs. And I have to remind the Honourable Mem- Mr. Chairman, there is no construction job that ber, Mr. Chairman, that in a two-year—sorry in a is a permanent job, irrespective, because at some three-year period of time, the Tourism Department point in time the construction project is going to come created—it was then the Department of Tourism— to an end. So if you are going to make comments, at created the Tourism Authority, got it up and running, least make sensible comments. And what we just while it was in its embryonic stage and attempting to heard, Mr. Chairman, does not qualify to be a sensible put everything in place to ensure that they were sell- comment. ing and marketing Bermuda effectively and properly But with that said, Mr. Chairman, I do not be- for the benefit of all people, concurrently, Mr. Chair- lieve that the public of Bermuda thinks that we are not man, there was the renovation at the Princess in trying to be able to bring jobs to the table. So when we Hamilton, the Fairmont in Hamilton, which I believe have the construction project that we hear all kinds of now is in its third stage, and it created significant jobs criticism about, Mr. Chairman, it is almost as though, in the construction area of tourism. We also have had Don’t get it done OBA Government. Don’t get it done, this past week, if not the week prior, the signing of the please, because you will put people back to work and necessary documentation so that the hotel, the Desar- that defeats our narrative. rollos Group, can carry on and get on with their pro- jects. We have seen additional work being done at Mr. Jamahl S. Simmons: Point of order, Mr. Chair- Pink Beach and we have seen Coral Beach Club com- man. ing online and we have seen many projects that have The Honourable Member— come down the pipeline in the tourism field. Mr. Chairman, I understand that we come to The Chairman: The Chair recognises the Shadow this Honourable House and perhaps feel as though Minister. we have to, you know, open our mouths, or have to take a politically adversarial position, which does no- POINT OF ORDER body any good because if you take an adversarial po- [Misleading] sition that is based in fact, Mr. Chairman, we are quite happy to deal with those facts. But when your position Mr. Jamahl S. Simmons: The Honourable Member is is misguided and misinformed, then I believe that we misleading the House. Numerous Members of the as a Government have to stand— Opposition have repeatedly said that we want to see these projects succeed, which is why we want people Mr. Jamahl S. Simmons: Point of order, Mr. Chair- to be held accountable for a 49-year low in air arrivals. man. Thank you, Mr. Chairman.

Bermuda House of Assembly 1494 11 March 2016 Official Hansard Report

The Chairman: Thank you. worked himself into a frenzy to the point that now he is The Chair now recognises, once again, the ill and unable to carry his brief. And I know that he Acting Minister. would not want for me to have done it, Mr. Chairman, he would have wanted to do it himself. Because that Hon. Patricia J. Gordon-Pamplin: Mr. Chairman, let Honourable Member, the Honourable and Learned me just say (and I am not going to prolong this be- Shawn Crockwell, ought to be proud of the effort that cause I think the argument is just, it is probably one of he has put into the tourism product. the most vacuous that I have heard from the Honour- And we are going to support him, Mr. Chair- able Member), but let me just say that if there was man. We are going to ensure that the results that are great need in embracing up the project, they had a expected, the results for which the Tourism Authority very poor way of showing it, as we had to sit and lis- will be held liable and accountable, will be delivered. ten to the criticisms of the developers of the Desarrol- With that said, Mr. Chairman, I would just like los Group, who were called everything outside of their to move Head 49 [sic]. names, Mr. Chairman, that that does indicate that this is somebody who is embracing and supporting the The Chairman: Head 48. development of that project. But that project will go ahead, Mr. Chairman. Hon. Patricia J. Gordon-Pamplin: Sorry, Head 48 of We have Morgan’s Point which will go ahead, the Ministry of Tourism Development and Transport. Mr. Chairman. Some of the smaller projects will go ahead in the construction phase, and those construc- The Chairman: Members— tion jobs, while they will come to an end, they will generate value for the economy during the currency of Hon. Patricia J. Gordon-Pamplin: The Bermuda those projects. Couple that, Mr. Chairman, with the Tourism Authority. end product, once the projects have been completed, there will be ongoing work for people. So employment The Chairman: Members, the Minister, acting on be- opportunities will be there and they will be there in half of the substantive Minister, has sought to have spades, Mr. Chairman. And it is that to which we are Head 48 of the Ministry of Tourism Development and looking forward. Transport approved. Mr. Chairman, I understand the frustrations Are there any objections? that may have been exhibited in terms of the rapidity, No objections. or lack thereof, with which information, or jobs have Approved. not come to the market. I understand that. The frustra- tion is there for all of us because we committed that [Gavel] we would create the environment for jobs to be avail- able and we are working assiduously towards that [Motion carried: The Ministry of Tourism Development end. and Transport, (Bermuda Tourism Authority) Head 48, When I look at some of what is coming down was approved and stands part of the Estimates of the pipeline for next year, in terms of the reports that Revenue and Expenditure for the year 2016/17.] will come out, in terms of what is staged to come through, the increases and the improvement in the The Chairman: Thank you, Minister. results, let me just say that I am sure that we would all The Chair now recognises the Minister of Fi- hope that the results are better. nance, the Honourable Bob Richards. And when you have an embryonic institute, Mr. Chairman, you would like to give them the oppor- Hon. E. T. (Bob) Richards: Thank you, Mr. Chair- tunity to get off the ground. When we look at the man. plethora of initiatives that they have indicated in this I move that the House rise and report pro- particular budget and the allocations that they will get gress and to resume on Monday next, [14 March and the plans that they have, if we are committed to 2016]. ensuring that Bermuda succeeds, and if we are com- mitted to ensuring that the people who find them- The Chairman: Thank you, Minister for Finance. selves frustrated for not having jobs are able to rectify It has been moved, Members, that the Com- that situation, Mr. Chairman, we should be embracing mittee rise report progress and ask for leave to sit one another to look forward to the success of our tour- again. ism industry, our tourism product, and our Tourism Is there any objection to that motion? Authority. No objection. Mr. Chairman, you can be assured that we as Agreed to. a Cabinet hold the Minister accountable. It is the Pre- mier’s call as to who fulfils that space. But our Tour- ism Minister works so hard. I think he has probably Bermuda House of Assembly Official Hansard Report 11 March 2016 1495

[Motion carried: The Committee of Supply agreed to The Speaker: Then the Chair will recognise the Minis- rise and report progress, and sought leave to sit ter of Finance. again.] BILL [Pause] SECOND READING House resumed at 6:05 pm

GOVERNMENT LOANS AMENDMENT ACT 2016 [Hon. K. H. Randolph Horton, Speaker, in the Chair]

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. REPORT OF COMMITTEE Mr. Speaker, I wish to now ask the Honour- able House to give consideration to the Bill entitled the ESTIMATES OF REVENUE AND EXPENDITURE Government Loans Amendment Act 2016. FOR THE YEAR 2016/17 The Bill seeks to amend the Act to provide for an additional source of funding for the Government The Speaker: Thank you, Honourable Members, for Borrowing Sinking Fund by means of the sale of Gov- concluding the National Security and Tourism Heads. ernment property. The Government Loans Act 1978 provides for Hon. E. T. (Bob) Richards: Mr. Speaker— the Government’s authority to borrow money, the maximum amount that may be borrowed, and the es- The Speaker: Yes. tablishment of a Sinking Fund by which to repay such borrowing and related matters. Hon. E. T. (Bob) Richards: —with your indulgence, if Mr. Speaker, as I mentioned in the Budget we could just switch the order of the next two matters Statement, Government owns billions of dollars worth we are going to take, if I can take the Government of assets so despite our precarious debt situation, our Loans Amendment now? assets exceed our liabilities. Unfortunately, this does not help very much until and unless some of these The Speaker: One second, Member. assets can be converted into cash to assist us in Okay, now what did you want to do, sir? meeting our obligations. Mr. Speaker, Honourable Members will also Hon. E. T. (Bob) Richards: The Government Loans recall that I advised the House that during 2015 Gov- Amendment Act, switching [Orders No.] 6 and 7, the ernment conducted a survey of the assets it owns but order. does not need for any foreseeable purpose. I noted that a number of properties have been marked for The Speaker: So you— sale by way of public auction and that this will be done in an orderly fashion so as not to distort the market. I An Hon. Member: A switch in the order, Mr. Speaker. also announced that the proceeds of these sales will be placed directly into the Sinking Fund for debt re- The Speaker: You are switching the order of 6 and 7? duction. Selling assets to lower Government’s cash An Hon. Member: Yes. borrowing requirement or reducing debt is not a new technique. Governments across the world have long The Speaker: Is that all right? Does the Opposition been exploring whether they could use their non- have any problem with that? financial assets, such as land and buildings, to help Fine. Okay. ease their deficit and debt burdens. But we have . . . [Order No.] 3 first. So that we Mr. Speaker, the Government realises that the would do Order No. 3 . . . are we not doing that? sale of Government assets is no panacea for our defi- cit and debt problems as the Government can only An Hon. Member: Carried over. sell an asset once. Nevertheless, for governments that are serious about bringing their spending in line The Speaker: Oh, that is carried over, okay. with revenues and reducing their debt, properly regu- So [Order] No. 1 is carried over, [Order No.] 3 lated asset sales can be a useful short-term tool. It is carried over, Order No. 4 is carried over, Order can also allow governments to reduce their debt and No. 5 is carried over, and then we will do Order No. 7 improve their credit ratings. and then Order No. 6. Mr. Speaker, it is important that the proceeds from our asset sale programme be primarily used to Hon. E. T. (Bob) Richards: Correct. reduce our debt rather than to fund new programmes. To meet this policy objective it is proposed to amend section 2 of the Government Loans Act 1978 and to Bermuda House of Assembly 1496 11 March 2016 Official Hansard Report allow proceeds from the sale of specified Government So one would hope that the Minister, while we land and properties to be paid into the Sinking Fund. are considering this, would at least allow and share Honourable Members are aware that all land what those properties are if they have identified . . . and property sales require the prior approval of Par- that we heard in the Budget Debate. We heard that liament in accordance with section 8 of the Public here, and it would be useful to understand what ex- Lands Act 1984, which empowers the Minister re- actly the properties are because we have not heard sponsible for Works and Engineering—I guess it is that today. now just called the Minister for Public Works—to sell However, that much being said, asset sales Government land. It is proposed to supplement sec- are not something that is particularly new or that is tion 8 with a new section 8(2A) of the Act. This section particularly novel. The Government wants asset sales will not apply to all land sold, but land identified as to go into the Sinking Fund and not be used in the suitable to sell for the purposes of providing additional regular budget. That much is fine. The impact overall sources of funding for the Sinking Fund. is negligible because, I mean, the fact of the matter is This means that the Minister responsible for if Government has to make up money for services, Works would only use the provisions of section 8(2A) they are going to have to borrow money and it is not where the Government has identified land which can going to necessarily affect net debt if the money that be sold with the objective of paying all or some of the is received from the proceeds of the sale is inside the proceeds of the land sold into the Sinking Fund. The Sinking Fund. So it kind of washes, it does not matter Minister responsible for Works would be required, un- where you put it, but if the Government wants to put it der the proposed subsection, to obtain the prior ap- in the Sinking Fund, that is perfectly fine. proval of the legislature before selling the land and The challenge really is, what are they selling? with respect to the amount of the proceeds of the land On our side we have advocated . . . the last thing we sold that are being paid into the Sinking Fund. Where would like to see is that Government assets that may Government land is being sold, generally to pay the be needed in the future are just sold off because the proceeds of the sale into the Consolidated Fund, the Government is looking around to get more money into Minister responsible for Works and Engineering has to the Sinking Fund, from that aspect. So it just needs to sell the land under the current provisions of section make sure that it is careful and considered. 8(1) of the Act. The Minister has said that there is a strategy. To provide for the necessary checks and bal- We have not heard the strategy; there have been no ances, Honourable Members can anticipate the ap- Ministerial Statements about what the strategy is, propriate Notices of Motion in due course, including what the review is. I am sure that did not come up in- this one. side of the Minister’s long four-hour brief the other day Mr. Speaker, Government remains committed when we were talking about Works and Engineering. to prudent and sensible fiscal management and the So once again we are here passing a Bill, but not disposal of non-strategic assets as a potential avenue knowing exactly what the strategy is behind the Gov- to reduce debt and improve budget balances. ernment, or the land which you are looking to dispose With these few remarks, Mr. Speaker, I would of. like to read the Bill for the second time, the Bill entitled So I would hope that the Minister would, at the Government Loans Amendment Act, and to invite least, enlighten us as to the strategy which Cabinet is Members to participate. approaching on this issue so we can have a better Thank you. understanding in the House as to which properties are looking to be sold. The Speaker: Thank you, Minister. Thank you. The Chair will now recognise the Honourable Member from constituency 18, the Shadow Minister of The Speaker: Thank you. Finance, MP David Burt. Any other Honourable Member care to speak? You have the floor. The Chair will recognise the Honourable Learned Member from constituency 36, MP Michael Mr. E. David Burt: Good evening, Mr. Speaker. Scott. You have the floor. The Speaker: Good evening. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. E. David Burt: Mr. Speaker, the only question Mr. Speaker, I just want to reinforce what the that I have for the Minister is that the Minister has re- Shadow Finance Minister has asked. I once held a peatedly said that the Government has identified portfolio of Government Estates, Minister, and was properties that are excess to requirements, yet we looking at similar proposals about sales of assets ex- have not yet heard about these properties that are cess to the Government’s needs. And it does involve surplus to requirements. in some cases, and in some quarters, some contro- versy about selling off Government land. And it is pat- Bermuda House of Assembly Official Hansard Report 11 March 2016 1497 ently answerable to the whole question of transpar- Works and Engineering that identifies a figure that is ency that this House, who is meant to vote on this, going to be realised on the books of the Works and understands, therefore, given that it has the capacity Engineering Ministry, the department, from sales of for controversy, to know what the assets are that have these assets. The Minister clearly indicated that that is been identified. I say this because civil servants advis- going to be a profit that we are going to be making ing me when we were looking at this, it was the first and putting into the Works and Engineering budget thing that we did. from the sale of these assets. So it cannot be said . . . I dare say, it cannot Clearly, Mr. Speaker, if these monies are go- be said that we do not know yet. I hope that is not the ing to be used as part of the revenue realised and put answer that the Minister of Finance will propose to the on the books of Works and Engineering, how are they House, that was driving the entire intelligent examina- now going to be put into the Sinking Fund? Because tion of the sale of assets excess to the needs when this here indicates that they would be going into the civil servants advised me in a prior administration on Consolidated Fund. It shows here in the Budget Book this whole question. So I know that the whole issue of as funds realised by that particular ministry for that identifying likely assets and land is what has been particular ministry, they are funds considered as part done and is the usual protocol and precursor to this of the Consolidated Fund. whole question as a matter of policy. So I hope we are going to hear this informa- [Inaudible interjection] tion shared with us. Hon. Dennis P. Lister: But the Minister now is saying The Speaker: All right. Thank you, MP Scott. that those funds are going into the Sinking Fund. So I The Chair will now recognise the Honourable am seeking clarity because the two Ministers seem to Member from constituency 35, MP Dennis Lister. be at odds on this, Mr. Speaker.

Hon. Dennis P. Lister: Thank you, Mr. Speaker. The Speaker: Are there any other Honourable Mem- Mr. Speaker, I am getting on my feet to re- bers who care to speak? spond based on the comments that the Minister made Then, Minister, you have the floor. in his presentation. And, Minister, your presentation has somewhat of a conflict compared to the presenta- Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. tion that was made by the Minister who is responsible To answer the last speaker’s question first, in for these properties, as far as the Minister of Works, Government all cash transactions go into the Consoli- when he did his presentation under that Head. I do not dated Fund by default. What we are trying to do here want to go back to those earlier debates, rules do not is make a provision for these special sales to go allow that. through the Consolidated Fund into the Sinking Fund. But, Mr. Speaker, clarification in that during Because every transaction the Government does by the debate on Works and Engineering the Minister default goes into the Consolidated Fund—through the made reference to the properties, that there would be Consolidated Fund. So there is no mystery or conflict a list of properties, still we do not know what [is on as far as that is concerned. the] list or how large it is. My question is basically are If we sold a property and it was, say, a million we talking about a handful of properties or quite a few dollars, that million dollars would go into the Consoli- properties? But to this date no indication has been dated Fund. But it would be earmarked to go into the given about the number, size, or state of the proper- Sinking Fund because the Sinking Fund . . . the way ties, whether it is buildings or just open land, et cetera, the Act is structured now, it is not structured to receive et cetera. that million dollars because right now the amount of money that goes into the Sinking Fund is either ac- [Inaudible interjection] cording to the formula of 2.5 per cent of debt or from what we did two years ago, the result of the proceeds Hon. Dennis P. Lister: Islands? of a new financing. So we made that change too. Re- member we did that; we had to change the Public [Inaudible interjection] Treasury Act to accept excess funds that we bor- rowed. So it is exactly the same sort of thing. So there Hon. Dennis P. Lister: Okay. So, see, because no is no mystery there. clarification has been brought to this, there is all sorts Insofar as which properties are concerned, of speculation going on. The question is simply we well, it is up to the Minister of Public Works to advise have been asking you all of this time to provide some Parliament what those properties are, and which clarity so the speculation goes off the table. properties are . . . I know that the Honourable former However, my point for rising, Mr. Speaker, is Minister, Member Scott . . . I know from conversations that during the Budget Debate, and when you look in that we had that he was actively involved in doing that the Budget Book there is a line in the budget under while he was the Minister. But this is basically a con- Bermuda House of Assembly 1498 11 March 2016 Official Hansard Report tinuation of that, except that I did not want any pro- This Bill, the Government Loans Amendment ceeds of sales to get lost in the Consolidated Fund Bill 2016, seeks to amend the Government Loans Act and get re-spent. That is the difference here. 1978 to provide for an additional source of funding for the Bermuda Borrowing Sinking Fund by means of the Hon. Dennis P. Lister: May I have a clarification? sale, with the prior approval of the Legislature, of iden- tified land, the property of the Government, the pro- Hon. E. T. (Bob) Richards: Sure. ceeds of which will be paid into the Sinking Fund; and to make consequential amendments to the Public POINT OF CLARIFICATION Lands Act 1984. Madam Chairman, there are three clauses. I Hon. Dennis P. Lister: Minister, Mr. Speaker, point of would like to move all three of them. clarification. The Chairman: Are there any objections to moving So for clarity for this purpose then, all funds the three clauses? realised will go into the Sinking Fund from the sale of No. Please proceed. these properties? All funds? Hon. E. T. (Bob) Richards: Thank you, Madam Hon. E. T. (Bob) Richards: Well, we have given our- Chairman. selves some flexibility in that respect, and you will see Clause 1 provides the citation for the Bill. that there is flexibility to have not all funds. But I know Clause 2 amends the Government Loans Act the policy intent is to have the funds from these prop- 1978 in section 12(2) to insert a new paragraph (c) to erties that have been identified, the proceeds of those provide for an additional amount to be paid from the sales to go into the Sinking Fund. But the way the leg- Consolidated Fund into the Government Borrowing islation here is structured it does not . . . it gives us Sinking Fund. The additional amount is to consist of some flexibility in case something arises where we do the proceeds from the sale of land belonging to the not have to put all the funds in there. But yes, that is Government and which has been identified as suitable the intent. for sale for the purpose of providing additional funding And the purpose of this particular legislation is for the Sinking Fund by the Government as approved just to amend the Government Loans Act to enable by the Legislature. this to happen. When the Minister of Works is ready to Clause 3 provides for a consequential proceed, then he will come back here and advise eve- amendment to be made to the Public Lands Act 1984 rybody which properties there are. in section 8 by inserting a new subsection (2A) to en- So with that, Mr. Speaker, I move that the Bill able the Minister of Public Works, with the prior ap- be committed. proval of the Legislature, to sell land which is the property of the Government and that land which has The Speaker: Thank you, Minister. been identified as suitable for sale for the purposes of It has been moved that the Bill be committed. funding for the Sinking Fund. The amount of the pro- Any objections to that? ceeds of the sale of the land to be paid into the Sink- Then I would ask the Deputy Speaker to ing Fund may be all of it or part of it, as approved by please take the Chair [of Committee]. the Legislature. Those are three clauses, Madam [Pause] Chairman.

House in Committee at 6:23 pm The Chairman: Thank you. Are there any other Members that would like COMMITTEE ON BILL to speak to clauses 1 through 3? The Chair recognises the Member from con- [Mrs. Suzann Roberts-Holshouser, Chairman] stituency 18. You have the floor. GOVERNMENT LOANS AMENDMENT ACT 2016 Mr. E. David Burt: Thank you very much, Madam The Chairman: Members, we are now in Committee Chairman. of the Whole House for further consideration of the Bill Madam Chairman, there is a just a little bit of entitled the Government Loan Amendment Act 2016. confusion on my side. And the confusion comes from I call on the Minister in charge to proceed. . . . it seems as though . . . I am hopeful the Minister Minister, you have the floor. can explain, because when we were . . . I will give you a clause just so I do not get pulled up. Hon. E. T. (Bob) Richards: Thank you, Madam But if we go with clause . . . say, for instance, Chairman. three. And clause 3 says that the money shall be transferred into the Sinking Fund, but there is, I guess, Bermuda House of Assembly Official Hansard Report 11 March 2016 1499 nothing in the estimates [of revenue and expenditure] The Chairman: Thank you. that shows money that might get transferred into the Sinking Fund. It is recorded on the revenue side, but [Inaudible interjections] there is nothing that shows the transfer. The amounts for the Sinking Fund contribution Hon. E. T. (Bob) Richards: It does not show up, I do not show an extraordinary amount of the Sinking agree with that. Fund contribution. They do not show an increase, so we basically see the revenue is being increased by The Chairman: Just a minute. $3.4 million . . . I am sorry, by $3 million for asset The Chair recognises the Member from con- sales inside of the estimates, and the expenditure. stituency 18. And when we look at the consolidation, on the Sinking Fund contribution line, the Sinking Fund is 2.5 per Mr. E. David Burt: Thank you, Madam Chairman. cent of net debt. So the contribution is 2.5 per cent of I will be quick, I guess. But I guess the chal- net debt, which is [what it is] supposed to be. That lenge that I have is the fact that the estimates are then figure is correct; matched upon the net debt amount. not correct. Because if you are going to sell the $3 But the revenue is being recorded as the $3 million million and you are going to tell us that the Govern- into the Consolidated Fund as the Shadow Minister for ment policy is that you are going to transfer the $3 Works said. However, we do not see a corresponding million to the Sinking Fund, you should reflect that in increase in the contribution, or I guess, the transfer your budget. But if you are not going to . . . that is into the Sinking Fund. what is not making sense to me. So the question is, are we double counting the I understand what the Minister is saying that it revenue or have we just ignored this whole $3 million is not recorded. But the question is, Are you going to that is supposed to come insofar as the adjustments transfer it or are you not going to transfer it? Because which are coming? Because some way it does not if you are, then you should have your numbers actu- look like the numbers were properly added up. And I ally reflect what the budget will actually be, and that am hoping the Minister can help to explain how that is means that the deficit will be $3 million larger, if that is supposed to be. what they are going to do. If the $3 million is supposed to go into the They are counting the revenue into the Con- Sinking Fund, and it goes to the Consolidated Fund solidated Fund; however, if they are going to transfer first, then one would think that the Sinking Fund con- additional money out of there . . . so they are counting tribution would be increased by $3 million to show that the revenue into the Consolidated Fund but they are offset. So there would be an actual and accurate rep- not in any way showing the money that is going to be resentation of what the net . . . the ending deficit transferred out of the Consolidated Fund. would be. But if you are putting the $3 million into the If we are approving those estimates, then Consolidated Fund and not increasing the Sinking what? Do we have to have a supplementary for a Fund balance that means that you are reducing your transfer to a different fund later? Is that what is ex- deficit, or showing what your budget deficit will be, by pected? Because surely what we are approving inside $3 million when that is actually not the case. of the budget should be what is actually going to be So I am hoping the Minister can clarify that for done by the Government. me. The Chairman: Thank you, Member. The Chairman: Thank you very much. The Chair recognises the Minister. The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, if the Hon. E. T. (Bob) Richards: Thank you, Madam funds were transferred into the Sinking Fund it would Chairman. reduce . . . it would be like an expense to the Gov- I mean, the Honourable Member has a point, ernment. So that expense has not been shown. but the answer to the question is that the flow through But we cannot transfer those funds in the of the money, the proceeds, has not been anticipated budget until we actually realise the proceeds of the to go to the Sinking Fund in the budget. That is all. In sale of the assets. So there is nothing sinister or mys- other words, if we sell the $3.5 million of assets (as I terious about this because, you know, if it flows said to the Honourable Member previous), by default, through to the Sinking Fund, if we decide to take everything goes through the [Consolidated] Fund. The some extra money and put it into the Sinking Fund it second step of transferring it into the Sinking Fund would increase the deficit. has not been accounted for in the budget at this time. You know, the contributions to the Sinking But it has not happened yet. And when it happens it Fund come out of Government coffers. So remember will get done. But we do not have the ability to do it this is accounting for the Consolidated Fund here. and this legislation gives us the ability to do it. There is nothing mysterious about this. It is a fact that we have not accounted for the removal of the pro- Bermuda House of Assembly 1500 11 March 2016 Official Hansard Report ceeds from sale of the assets to the Sinking Fund and Are there any other Members that would like we will not account for them until those proceeds ma- to speak to clauses 1 through 3? terialise, and then they will be accounted . . . they will The Chair recognises the Member from con- be transferred into the Sinking Fund. stituency 18. And so the estimates are accurate as we speak. When that happens then it gets transferred Mr. E. David Burt: Thank you very much, Madam over there. Chairman. Madam Chairman, I am not going to belabour The Chairman: Thank you. the point. I just want to make sure that we are clear Are there any other Members that would like that the Minister is estimating revenue to come to the to speak to clauses 1 through 3? Government but is not estimating the expenses of The Chair recognises the Member from con- transferring that money to the Sinking Fund. And that stituency 17. is fine, but that is what he is telling us here. So that You have the floor. means that the estimates that are listed here are probably a little bit off stated. Mr. Walton Brown: Thank you, Madam Chairman. Can the Minister confirm whether or not the The Chairman: When you say “here” for the people Admiralty House Park is on the list to be sold? who cannot see what you are pointing to—

The Chairman: Thank you, Member. Mr. E. David Burt: Inside of the Budget Book. The Chair recognises the Minister. The Chairman: Thank you. Hon. E. T. (Bob) Richards: I do not think so, but I am The Chair recognises . . . Are there any other not sure. I do not think so. Members that would like to speak to clauses 1 through 3? The Chairman: Are there any other Members that No. The Chair recognises the Minister. would like to speak to clauses 1 through 3? The Chair recognises the Member from con- Hon. E. T. (Bob) Richards: Madam Chairman, I stituency 35. would like to move clauses 1 through 3.

Hon. Dennis P. Lister: Thank you, Madam Chairman. The Chairman: It has been moved that clauses 1 Minister, can you confirm whether the amount through 3 be approved as printed. that is indicated in the Budget Book that will be real- Are there any objections to that motion? ised from sales is the full anticipated amount of that No objections. complete list or is that number just a partial, it repre- Agreed to. sents a partial figure of the total list to be sold? Or does it represent the full list? [Gavel]

The Chairman: Thank you. [Motion carried: Clauses 1 through 3 passed] The Chair recognises the Minister. Hon. E. T. (Bob) Richards: Madam Chairman, I Hon. E. T. (Bob) Richards: First, I would like to em- would like to move the Preamble please. phasise that the $3.5 million is an “estimate” of what the proceeds could be. All right? That is the first thing. The Chairman: It has been moved that the Preamble be approved. [Inaudible interjection] Are there any objections to that motion? No objections. Hon. E. T. (Bob) Richards: Okay, I thought it was Agreed to. three and a half. Anyway, it is an estimate of what the pro- [Gavel] ceeds will be. But that is an estimate of the aggregate amount that we will realise from selling the properties Hon. E. T. (Bob) Richards: I would like to move that that are on the list to be sold. the Bill be reported to the House.

Hon. Dennis P. Lister: The entire list? The Chairman: It has been moved that the Bill be reported to the House— Hon. E. T. (Bob) Richards: Yes. Hon. E. T. (Bob) Richards: As printed. The Chairman: Thank you. Bermuda House of Assembly Official Hansard Report 11 March 2016 1501

The Chairman: As printed. ment committed to hearing all sides of the issue relat- Are there any objections to that motion? ing to same-sex marriage and civil unions. Extensive No objections. research has been undertaken to fully understand Agreed to. how other jurisdictions have addressed same-sex re- lationships and the findings have been shared with the [Gavel] general public. Mr. Speaker, it is agreed that this is a matter [Motion carried: The Government Loans Amendment of fundamental rights and freedoms of an individual. Act 2016 was considered by a Committee of the Further, it is accepted that all rights and views are whole House and passed without amendment.] equally important and to this end we have made every effort to listen and try to understand the divergent [Pause] views expressed by the people of Bermuda. That said, Mr. Speaker, we are also com- House resumed at 6:35 pm pelled to adhere to the Supreme Court ruling in the matter of the Bermuda Bred Company v. the Minister [Hon. K. H. Randolph Horton, Speaker, in the Chair] of Home Affairs and the Attorney General. In this re- gard the Chief Justice ruled that the non-Bermudian REPORT OF COMMITTEE same-sex partners of Bermudians who are in a per- manent relationship are entitled to live and work in The Speaker: Thank you, Honourable Members. Bermuda free of immigration control. The Government Loans Amendment Act 2016 Mr. Speaker, there is no doubt that this ruling has been approved. has challenged our policies and legal framework and We move now to Order No. 6 in the name of added a new dimension to the same-sex relationship the Premier. discussion. Premier Dunkley, you have the floor. Though this ruling is specific to an immigration matter it has far-reaching implications. As a result of Hon. Michael H. Dunkley: Thank you, Mr. Speaker. the ruling, the Government was required to undertake Good evening to you. a wide ranging policy and legislative review so that we might fully appreciate the implications and make nec- The Speaker: Good evening. essary changes. Mr. Speaker, honourable colleagues will al- BILL ready know that the Chief Justice imposed an aggres- sive timeline. His declaration in the Bermuda Bred SECOND READING matter came into effect on 29 February 2016. In re- sponse to the court ruling the Government has taken two definitive steps. In February the Government ta- REFERENDUM (SAME SEX RELATIONSHIPS) ACT bled in this Honourable House the Matrimonial 2016 Causes Amendment Bill 2016 that seeks to confirm that notwithstanding the Human Rights Act 1981, mar- Hon. Michael H. Dunkley: I move that the Bill entitled riage remains exclusively a relationship between a the Referendum (Same Sex Relationships) Act 2016 man and a woman. Further, the Government has cir- be now read the second time. culated for consultation a draft Civil Union Bill 2016 that seeks to make provision for the formalisation and The Speaker: Thank you, Premier. registration of a relationship between same-sex cou- Any objections to that? ples to be known as a civil union. Please carry on, Premier. This Government recognises that the people of Bermuda are divided on the issue of same-sex rela- Hon. Michael H. Dunkley: Thank you, Mr. Speaker. tionships and the legal construct that should apply. Mr. Speaker, and Honourable Members of this Mr. Speaker, Honourable Members of this Honourable House, I rise this evening to introduce the Bill entitled House I also believe are divided on this issue. And the Referendum (Same Sex Relationships) Act 2016. while broad agreements have been advanced for and The Bill seeks to require that a Referendum against the use of a referendum on the issue of same- be held on two specific questions regarding same-sex sex relationships, referendum power is conferred by relationships. It also seeks to apply to a referendum the Referendum Act 2012 and is subject to a re- the same procedure for preparing and publishing the sponse to the question by 50 per cent of the regis- register as it is used for a parliamentary election. tered voters. Mr. Speaker, you will know that the matter of Mr. Speaker, this Referendum represents a same-sex relationships is a highly emotive issue. form of direct democracy. The electorate will be in- Honourable colleagues will recall that this Govern- vited to confirm their position on the Legislative Bermuda House of Assembly 1502 11 March 2016 Official Hansard Report framework that Bermuda should adopt to recognise Honourable Members can expect that the Of- same-sex relationships. The questions are simple and fice of the Parliamentary Registrar will extend a straightforward: seven-day registration period once the notice for a 1. Are you in favour of same-sex marriage in referendum is published by the Premier. Mr. Speaker, Bermuda? it is expected that the number of polling stations will 2. Are you in favour of same-sex civil unions in not be as great as the number of constituencies, but Bermuda? there will be Island-wide coverage. The number of polling stations is expected to be in the region of 12. Mr. Speaker, in May 2015, Ireland held a ref- Each polling station will be equipped to facilitate vot- erendum on same-sex marriage. Globally the courts ing for at least 3,600 voters. have become actively engaged in opining on a series Mr. Speaker, in coming weeks the Office of of challenges to relating to this issue. the Parliamentary Registrar will facilitate an aware- Honourable Members will know, as it has ness campaign designed to educate voters. This been widely reported, that on June 26, 2015 the campaign will focus on educating the public on what it United States Supreme Court ruled in the matter of means to have a referendum, the percentage of vot- Obergefell v. Hodges that state level bans on same- ers and the percentage of votes required before the sex marriage are unconstitutional. Reports further question is taken to be answered in the affirmative or state that the denial of marriage licences to same-sex negative, and how the results will be interpreted. couples and the refusal to recognise those marriages Mr. Speaker, the people of Bermuda are di- performed in other jurisdictions violates the due proc- vided on the issue of same-sex relationships. Before ess and the equal protection clauses of the 14th taking any further action the Government requires Amendment of the United States Constitution. some clarity. Holding a referendum on the issue of In addition, Mr. Speaker, in 2015 the Euro- same-sex relationships will provide this Honourable pean Court stated in Oliari v. Italy, that Italy was in House with a clear understanding of the will of the breach of Article 8—the right to family life—by not people. recognising some kind of union between same-sex With those comments, Mr. Speaker, I now in- couples. vite honourable colleagues to participate. Earlier, Mr. Speaker, I spoke to the issue of Thank you, sir. Bermuda Bred and the court ruling. Similar to other jurisdictions the Bermuda Courts require Bermuda to The Speaker: Thank you, Honourable Premier. recognise some kind of same-sex relationship. The The Chair will now recognise the Honourable Same Sex Relationship Referendum will allow voters Leader of the Opposition from constituency 26, MP to express a preference with regard to same-sex mar- Marc Bean. riage and civil unions. You have the floor. Mr. Speaker, a number of issues will inevita- bly arise in regard to the administration and logistics Hon. Marc A. R. Bean: Thank you, Mr. Speaker, and of holding a referendum. It should be noted, however, good evening to you and good evening to honourable that this is not the first referendum to be held in Ber- colleagues. muda. Mr. Speaker, I stand on behalf of the Loyal Mr. Speaker, Honourable Members will recall Opposition to state that our position as a party is in the Capital Punishment Referendum Act 1989. The support of this Referendum Bill. referendum was held on the question of whether or Now, let me also make something clear, Mr. not capital punishment for premeditated murder is fa- Speaker, that on issues such as this, there is usually voured in Bermuda. Honourable Members will also . . . we remove the Whip, okay. So Members are able recall the Independence Referendum Act 1995. This to express themselves freely about any ramifications referendum was held on the question of whether or whether they are for or against. But generally speak- not independence is favoured in Bermuda. ing, as a party we are in favour, although you might Mr. Speaker, the referendum process will be have some Members who get up and say that they managed by the Office of the Parliamentary Registrar. are against. But that is the nature of this type of Bill. This Office is an election management body that is All right? charged with the duty of conducting free and fair elec- And so, Mr. Speaker, again, we encourage tions and referenda whilst upholding an ensuring the the use of referenda on very serious questions. And integrity of the democratic process. Mr. Speaker, the that includes not just questions relating to one’s sex- same process that the Office of the Parliamentary ual orientation (if that is the right word to use), but also Registrar applies to voter registration during the par- on gaming, gambling and other issues of morality. liamentary election process will apply to the referen- Unfortunately . . . unfortunately, the Government has dum voter registration process. This will ensure clarity seen fit to bring a referendum in this case. Yet, as you and streamlined administration. know, Government has historically avoided referenda even after a promise for it in other cases. Bermuda House of Assembly Official Hansard Report 11 March 2016 1503

That contradiction, Mr. Speaker, only the But nevertheless, regardless of the rock and Government can answer. But for our part, we think the hard place, Mr. Speaker, ultimately this Bill is go- that this is the best approach to really test the views of ing to submit the question to the people themselves the populace, because at this time if you were to listen and, obviously, we will have to govern ourselves ac- to the media you would think that either everyone is cordingly. for or everyone is against. It all depends on what is Mr. Speaker, those are my brief remarks and I the lens you are actually looking through, Mr. am sure there are one or two other Members who Speaker. would like to contribute. There are some issues though that even in terms of the holding of the referendum and the ques- The Speaker: Thank you, Honourable Member. tion that you will find in clause 3. Some could say that Any other Honourable Member care to speak? it is a question or questions that either could be set up The Chair will recognise the Honourable for failure or set up for success. In fact, because it is a Member from constituency 2, MP Nandi Outerbridge. dual question I think there could be some uncertainty You have the floor. as to how we measure the true feelings of the popu- lace, because it is a dual question. You can have Ms. Nandi Outerbridge: Thank you, Mr. Speaker. some people saying, Yes, I’m for one, but not the Mr. Speaker, I wanted to speak this evening other. And then you have others who say, Yes, we’re on this Bill. I do not believe that the Referendum Act is for both. And then the other group says, No for any- the Bill for us to be expressing where we stand on thing. So how do you get 51 per cent, I would think is either side. I believe it is a discussion around having a the— referendum. And, you know, the common theme that we [Inaudible interjection] have heard from the Opposition over the last week or so is that the One Bermuda Alliance Government Hon. Marc A. R. Bean: Right? Fifty-one per cent of does not listen to the people. And they have been the vote. I think that it is going to be difficult because a saying that the One Bermuda Alliance does not con- dual question that really presents three different op- sult the people and we do not consult the community. tions might create some difficulty if the Government is Well, Mr. Speaker, I believe this issue, as oth- looking for a response that is definitive from the peo- ers, but in particular this issue is the one time that we ple of this country. can definitely say that the One Bermuda Alliance has But again, Mr. Speaker, that is something that listened to the people. the Government is going to have to grapple with. Again, they have determined rather expeditiously, or [Inaudible interjections] without too much thought, Mr. Speaker . . . all of a sudden they are now bringing this Referendum Bill. Ms. Nandi Outerbridge: And, you know, we have But three or four weeks ago that was not the case. We consulted with the people every step of the way. We know that this was political expediency. We know that have had Ministers and . . . are you finished? there are issues on the other side in regards to this topic. We have heard it; we have seen it. [Inaudible interjection] And so it is going to be interesting to see what type of contributions and what type of votes, whether The Speaker: Honourable Members, speak to the for or against, you will receive from the other side, Chair. because make no mistake, even though we have one or two on this side whose position is clear, it is obvi- Ms. Nandi Outerbridge: We have had Ministers that ous that it is absolute confusion on that side, Mr. have put in hard work through their ministries to be Speaker. able to get information on civil unions and same-sex marriages and the impacts they will have. The impacts [Inaudible interjections] they have had around the world. And we have had town halls and information sessions, and we have Hon. Marc A. R. Bean: It is confusion. Well, I am not consulted the people every step of the way, Mr. trying to . . . it is confusion. Okay? You can deny it. Speaker, right up into the, I believe it was last week They can deny it all they like, Mr. Speaker. when the Minister laid the information paper on civil But it is confusion. And, Mr. Speaker, I can under- unions so that people can have a look at what it en- stand it. All right? That is what happens when you tails before we even have a referendum. dabble with major issues, when you have narrow self- So, you know, we are doing everything to interest, or special interests forcing you to consider meet the people halfway here. And believe me, Mr. something that you yourself do not want to consider. Speaker, it is no easy task. We recognise that not You find yourself [between] a rock and a hard place. everybody will be happy with the decisions that we make, and it may not even solve all the legal issues Bermuda House of Assembly 1504 11 March 2016 Official Hansard Report that we find ourselves in. But what we are at least try- Thank you, Mr. Speaker. ing to do with this, Mr. Speaker, is gauge the commu- nity to see where they stand on a very, very important ANNOUNCEMENT BY THE SPEAKER and difficult issue for the Government. And there has been much talk in the commu- HOUSE VISITOR nity about where people lay on, you know, where they stand when it comes to civil unions in the first place. The Speaker: Thank you, Honourable Member. Are the majority in favour, are a minority in favour? Just before I take the next speaker I will take And I do believe that the referendum will bring some the opportunity to recognise a former Member of Par- clarity to that question that has been on the street. liament, Arthur Pitcher, who is in the Gallery. And I have always stated internally and externally that I do not believe personally that there is a majority on [Debate on Same Sex Relationship Referendum, con- one side, as people may believe. But I do not know. tinuing] We will see when we get to the referendum. But, you know, I do not think that I have to talk The Speaker: The Chair will now recognise the Hon- too long on this, but what I will say before I take my ourable Learned Member from constituency 34, MP seat, Mr. Speaker, is that through every controversial Wilson. issue that the One Bermuda Alliance has had pres- You have the floor. ently and we find ourselves in, you know, the quiet Opposition would have been able to do this under Ms. Kim N. Wilson: Thank you, Mr. Speaker. their term, but they did not because they do not collect Mr. Speaker, whether I am personally and/or the . . . they do not have the political will to make the my constituents are supporting or opposing the refer- hard decisions. endum, at this point is neither here or there. The question that I do have is with respect to the fact that Hon. Marc A. R. Bean: Point of order. Point of order, we have two questions that some may argue could be Mr. Speaker. diametrically opposed. And what do I mean by that, Mr. Speaker? The Speaker: Yes, Honourable Member. When you look at the actual Referendum Act, it speaks to the provisions as to . . . in Schedule 2 in POINT OF ORDER particular, how the questions are supposed to be laid [Misleading] out. And according to the Act, which we are amend- ing, it says . . . for example, this would say, Do you Hon. Marc A. R. Bean: The Honourable Member is agree with same-sex marriage? Yes or no. So you tick misleading the House. When we were in Government, the box. And then question 2, Do you agree with Mr. Speaker, same-sex marriage was not a topic of same-sex civil unions? Yes or no. And you tick the discussion. Maybe she forgets. box. Thank you, Mr. Speaker. Well, Mr. Speaker, I am not a mathematician but it seems as if we have at least 10 different permu- Hon. Patricia J. Gordon-Pamplin: Point of order, Mr. tations possible with respect to these two questions Speaker. that are requiring a yes or no answer. Mr. Speaker, the substantive legislation also The Speaker: Yes. calls for the fact that in order for there to be a “yes,” you must have 50 per cent of the registered voters POINT OF ORDER participate in the referendum; and 50 per cent vote [Misleading] yes. That would mean it would be an affirmative an- swer. Or, alternatively, if it is a negative answer, you Hon. Patricia J. Gordon-Pamplin: The Honourable must have 50 per cent of the registered voters partici- Member is misleading the House. A Member from his pate and 50 per cent answer negative. So that proba- party who was a Minister at the time brought a Private bly ups the ante to at least 20 permutations that could Members’ Bill to discuss the issue of same-sex mar- be possible with the two questions as [they] are riage. That was the former Member of Parliament, the phrased. Honourable Renee Webb. For example, Mr. Speaker, we could have 50 per cent of the registered voters say “yes” to same- The Speaker: Thank you, Honourable Member. sex marriage, and 49 per cent say “no” to same sex- civil unions. Or alternatively, Mr. Speaker, we could Ms. Nandi Outerbridge: But before I take my seat, have 51 per cent say “no” to same-sex marriages and Mr. Speaker, what I will say is that the referendum is a 49 per cent say “yes” to civil unions. The point I am result of a listening and a caring Government, and this trying to make, Mr. Speaker, is that there seems to be is a Government that cares about our people. a number of possible scenarios and possible permuta- Bermuda House of Assembly Official Hansard Report 11 March 2016 1505 tions based on the two questions that are being Everybody knows, Mr. Speaker, the family is asked. the cornerstone for our society. You get the family And when you read it with the actual Act, it right, you get society right. And in that light because it provides for how you can get an affirmative vote or a is such a cultural change, because it is such a societal negative vote. And I suspect that the Honourable change, I think it is only right that we have a referen- Member who is leading this debate will perhaps give dum on this issue because it is going to impact many us some explanation or some further guidance be- generations going forward and it will change the face cause I have been unable to find examples in other of Bermuda. It will change our families. And I am not jurisdictions where there have been two questions that saying whether it is going to change it for bad or can either be termed as diametrically opposed or simi- worse, or good. All I am saying is it will change. lar on a referendum ballot. Mr. Speaker, we will have to change some of Oftentimes you might find one question re- our curriculums in school. We will have to change lates specifically to something like, i.e., the environ- some of the infrastructure in our buildings. ment. And another question may relate specifically to Mr. Speaker, we will have to change some of something completely unrelated to the environment, our curricula in school. We will have to change some such as a criminal code amendment or the like, some- of the infrastructure in our buildings. And so, in the thing like that. But here we have a situation where we end, I think it is only right that we present a referen- know because this has been a hot topic item of dis- dum to the people of this country on such a topic that cussion within our jurisdiction, there are some people will have an everlasting impact on the structure of our that are in favour of same-sex marriage and not in families. favour of civil unions and vice versa. There are some Mr. Speaker, I read an article by a young people that do not support either. And there are some Bermudian who is studying for his Ph.D. in Britain. His people that support both. name is Ben Greening. He wrote an article. And he is So we have a number of possible permuta- doing his Ph.D. in History from the London School of tions that can possibly result from this and I am just Economics and Political Science. He had a few com- wondering how the Government can proceed with try- ments that I thought were very interesting, if you ing to get the pulse of the people when we have the would allow me. He says, “In the long run, the Gov- potential of having so many different variables that go ernment’s response must take account of Bermuda’s into this issue with respect to the two questions, when political and social realities, as well as the need to end you read the Act, sorry, this proposed amendment, in unfair discrimination.” conjunction with the Referendum Act 2012, which sets He says, “rushing through legislation to out the parameters and the requirements for when change the definition of marriage before the next elec- something would be viewed as in the affirmative and tion would be the wrong response.” He says we must, as a negative. basically, as was said earlier, feel the pulse of the Thank you, Mr. Speaker. community. We must have a mandate to change the structure of our society, to change the structure of our The Speaker: Thank you, Honourable Member. families, going forward. He said that way we can be- The Chair will now recognise the Honourable come more at peace with each other and will begin to Member from constituency 8, the Government Whip. respect each other’s differences and also respect the You have the floor. differences as far as family composition is concerned. Mr. Speaker, he said, you know, we just can- Mr. N. H. Cole Simons: Thank you, Mr. Speaker. not rush into this. So in the end, as a gay man . . . and Mr. Speaker, I have attended a number of I am not speaking out of school, he says that he is a public meetings on this topic. I have also attended a gay person, and he is in a gay relationship in London, number of private meetings on this topic. And one and that the only reason that he is not home is be- pamphlet came out and it was issued by “Preserve cause he could not bring his partner back here. Be- Marriage Bermuda,” Mr. Speaker, and a statement in cause he did not feel that he would have a comfort- that pamphlet caused me to believe that the referen- able life. And I respect him for his opinion. dum was the right thing to do. Mr. Speaker, having said that and having And why do I say that, Mr. Speaker? If you will taken the position that I have, I believe that having allow me— the referendum is the right thing to do because it will impact all of Bermuda and it will impact the structure The Speaker: Carry on. of our families, moving forward. But I also have con- cerns about how do we address the minority? If we Mr. N. H. Cole Simons: Basically it says, same-sex have a referendum and the result is that gay mar- civil unions will redefine marriage. It says the redefini- riages are not allowed, civil unions are not allowed, tion of marriage results in a reordering of society, re- how do we address that? Because these minorities structuring the family unit, and a radical cultural have a right to family life. They have a right to be with change. Bermuda House of Assembly 1506 11 March 2016 Official Hansard Report whom they want to be with. They have a right to enjoy Mr. Walton Brown: Thank you, Mr. Speaker, and the benefits of other solid marital relationships. good evening, colleagues. Mr. Speaker, my other concern is that if we go Mr. Speaker, how ironic is it that today of all with the same-sex marriage as a result of the referen- days we will debate and, presumably, pass this Ref- dum or the civil unions, and there are adoptive chil- erendum Bill when we have had a series of arduous dren, how do we protect the children’s rights, Mr. events about the necessity of this process for deciding Speaker? Because we know that each child deserves a very controversial issue. Earlier this year, and I be- and has a right to be with his mother and his father. lieve late last year, the substantive Minister responsi- That is a right. In civil unions, in gay marriages, in ble for these matters had a series of public information those cases it is about adopting a child, a child who sessions. The Government had not come to a posi- will be raised with father and father, or mother and tion. And they had a series of meetings. I am not sure mother. Who is going to protect the child’s rights? The how many, but there were a number of meetings in parent couples have made a decision for themselves. which people were able to express their views, share But what decision have they made to ensure that the their proposals, and encourage Government to under- rights of their child are adhered to? What decisions take particular courses of action. have they made to ensure that the rights of their child The Government recognised that it was a to be with his mother and father are protected? complex issue. The Government recognised that it is Evidence has shown that a child does well if an emotional issue. And therefore, it required a great he is raised in a loving environment with both parents, deal of consideration. If you juxtapose the Govern- mother and father. And I am not negating the fact that ment’s handling of this issue to another equally impor- you can have a loving environment to raise a child in a tant and emotive and divisive issue, we see two com- same-sex relationship. Because surely, Mr. Speaker, pletely different pathways to addressing these respec- we know that there are male-and-female traditional tive matters, Mr. Speaker. And so, it begs the ques- marriages that have children and the environment is tion, how is it that the Government can consider one not loving. And you know that this also has a detri- issue to be a matter of profound human rights and mental effect on our children. adopt a unilateral position in terms of dealing with it, So again, I will support the Referendum Act, and yet another—this one—decide that it should be Mr. Speaker, because this is a decision that will im- subjected to the will of the people by way of a refer- pact the structure of Bermuda’s society. It will impact endum? the structure of our families. In addition, Mr. Speaker, So the juxtaposition raises questions about what is the norm for us, our generation, our Baby- the seriousness with which the Government under- boom generation is different from what our children takes to address these issues. live and see. We all live in the same society, but we all Mr. Speaker, the Honourable Premier in his travel in different spaces. I know that our young peo- remarks referred to two earlier referenda dealing with ple, the Millenniums, they do not care. Same-sex rela- equally controversial issues. What the Honourable tionships are the norm for some of them. They have Premier neglected to mention was the process in been to school in England, they have been to school 1989 and then again in 1995 which profoundly af- in Canada. It is prevalent. It is again our seniors, peo- fected how the referenda were received by the com- ple who are more mature who have not been exposed munity. to these types of relationships who are having chal- The first one was the referendum on the death lenges with this. penalty. Every single survey that was taken around But again, it can be because of religious rea- that time showed that over 80 per cent of the popula- sons. It can be because of, in some cases, fundamen- tion supported the death penalty. The Government tal principles. But at the end of the day, because this had a referendum in 1989, but because it was not is emotive and because this will basically impact the binding, all it was a very expensive public opinion poll. structure of Bermudian families going forward, I will I could have done that survey for a lot less money support the referendum on same-sex marriages. Be- than what the referendum cost. So what is the point of cause Bermuda must have a say in this important is- doing a referendum if it does not bind the Government sue. And we must also, in having this referendum, not to those results? forget and not address the issues that face the minori- We had a second referendum in 1995, the ill- ties, i.e., our children and those people who may fated Independence Referendum, which was a bizarre come out on the negative end of the referendum. referendum, Mr. Speaker, because the Referendum Thank you, Mr. Speaker. Bill was passed by a Government that was divided on the issue and led to a division in the community. The The Speaker: Thank you, Honourable Member. Opposition at that time, which is the Opposition this The Chair will now recognise the Honourable time, found the referendum to be problematic in its Member from constituency 17. MP Walton Brown, you design, and therefore called on its membership to have the floor. boycott the referendum—a very odd decision.

Bermuda House of Assembly Official Hansard Report 11 March 2016 1507

I think history will record that that was a failure recognised by the law, by the courts. It is just inappro- on the part of the Progressive Labour Party, having priate that in the twenty-first century, we would subject (as you know, Mr. Speaker) been in support of inde- this to the will [of the people], by way of a referendum, pendence since its formation and having independ- and the Government not take a position. I think that ence enshrined in its constitution. Why on earth would that is appropriate. you actually boycott the referendum? There is a high probability that the referendum But the referendum had a 57 per cent turnout. will fail. And when I say “fail,” it will not pass. We will So it seems that the boycott campaign actually suc- look like a reactionary so-called modern government ceeded. And those who were against it got the victory in the twenty-first century, because there will be pow- that they believed that they desired, or that they erful forces mobilising against . . . what surely must earned. But that was a binding referendum. And the be a just and appropriate response to twenty-first cen- Premier at the time, John Swan, said that if the result tury sensibilities that you should recognise the rights was not in favour of independence, he would resign that people have irrespective of sexual orientation. as premier! The result was the result that we all know, So, as we heard earlier this week, we will Mr. Speaker. And therefore, the Premier resigned. have our say, and somebody else will have their way. So, the first referendum was not binding. The That is the way Government goes. I guess we cannot second referendum was binding. And I assumed, be- really critique that a whole lot. fore the Premier gave his remarks, Mr. Speaker, that Mr. Speaker, we have two questions in this this referendum would also be binding. But I now hear Referendum Bill. (What is the wording again?) Do you the Premier say the referendum will help guide the support same-sex unions? and Do you support same- Government in how it fashions its policy. So we are sex marriage? We will get a very clear result because having another expensive public opinion poll. If you people will vote yes or no to the first question. And out are not bound by a referendum, why on earth would of 100, it will be out of 100 per cent. So you will know you do it? Why would you do it? It is a waste of money what the clear result is. People will say yes or no to on one level. the second question. You will get a very clear result. I have a few reasons why I oppose this refer- But the clarity of those results will not deter- endum, Mr. Speaker. One is that it is not binding. And mine Government action. And that is the most trou- that was not my reason when I came to debate this bling part about this particular legislation. What is issue, Mr. Speaker, because I assumed that it was possible, Mr. Speaker, I am just thinking aloud. I am binding. So unless I have misunderstood the Pre- not sure anyone has contemplated such an undertak- mier’s comments . . . I would like to get clarification, ing or a campaign. But it may well be that you get a because it seemed to suggest that it is not binding. less-than-50 per cent turnout. Because remember, in What is the point of having a Referendum Bill, a Ref- the 1989 referendum the Premier did not give that erendum Act if the results are not binding? turnout in his remarks. I think the turnout was about Another problematic part, Mr. Speaker, is that 30 per cent, because it was a joke because it was not the Government is not leading on the issue. Leader- binding on Government. I do not know why anyone ship is not that you have a referendum. Leadership is would participate in a very expensive public opinion what is your position on the issue? And if the Gov- poll on an issue where the Government should really ernment can take a very controversial and emotive be demonstrating leadership. issue, as we have seen expressed inside and outside I would encourage people who want to see a of Parliament of late, Mr. Speaker, why can it not do sane approach to recognise that same-sex relation- the same for another issue that is directly related to ships and couples and marriage and so forth not even human rights? So I am baffled by this Government’s to participate. Because even if you have a 50-plus per approach to have a referendum on such an issue. cent turnout, and it is no, the Government will be Three years ago, Mr. Speaker, when the somewhat bound by that decision. If there is a less- Amendment to the Human Rights Act was tabled in than-50 per cent turnout, then it is invalid. So that this Parliament by this Government the argument was might one approach to take if this is a reactionary ap- that, We the OBA Government will act where the PLP proach. failed. We will take controversial issues. We will take a I know we have differences across the aisles position on it, based on human rights. And so, the two and so forth on this issue. But I will speak my con- words and a comma amendment was made to include science on this matter, Mr. Speaker. I am disap- sexual orientation in the Human Rights Act. But now pointed that we are going this route, because I we see the Government caving in to what I would thought we were becoming a more modern society. term, Mr. Speaker, a reactionary element in this coun- And I am not sure if there is any room to change any- try, who do not want us to live in the twenty-first cen- thing. But this Bill will be passed. It will be an expen- tury. sive opinion poll taken later this year, I suspect. And it And that applies to anyone who believes that will have no determining impact on the Government. in twenty-first century Bermuda, we should not have a So I am not really sure what the intent of this legisla- legal framework for people of same-sex to live and be tion is, other than to placate a reactionary element in Bermuda House of Assembly 1508 11 March 2016 Official Hansard Report this community. And we certainly should not be So the reason why I will vote for the referen- spending $0.5 million to placate people who do not dum (my party has brought it) is that it is on the basis want to live in twenty-first century Bermuda. of a hope, on the basis of a hope that I could be part Thank you, Mr. Speaker. of having and imploring people in this country to vote affirmatively for this, on both questions, on both ques- The Speaker: Thank you, Honourable Member. tions. But I do not care. I said it the other night, be- The Chair will now recognise the Honourable cause the law—and the law is going to trickle down to and Learned Member, from constituency 25, Warwick here—commands that we ensure on a human rights North East. The Learned Member, MP Pettingill, you basis that there is a framework for same-sex couples have the floor. to enjoy the same rights in a relationship, in a union, in a partnership, in a marriage, as heterosexual cou- Mr. Mark J. Pettingill: Good evening, Mr. Speaker. ples. And it is as simple as that. Thank you very much. And people need to put aside their prejudice As the Honourable Member who just took his because it does not vibe with their lifestyle or it does seat, he is a learned guy, too . . . but he and I are of- not vibe with their religious conviction, or whatever it ten ad idem on many things. And I know on this hu- does not vibe with, and look at the age that we are man rights issue, he and I are ad idem, as are a num- living in. And study a little bit of history and see, over ber of our other colleagues. And we are ad idem. And the centuries, how much bigotry and hatred and wars I am ad idem with many of the things that he has said and violence and misery there has been in the exis- tonight in this regard. And the Opposition Leader tence of the world because one group of people said, touched on it. He said, you know, it is a matter of con- We are not to allow that group of people to have the science. He has announced that as a party his party same rights that we have. We do not regard that supports the referendum. group as being on the same level as we are; that they I join with the Member who took his seat in are a different category of a human being. that I wish we did not have to go through all of this. What does the history of the world tell us You know, for me, if it was a 99 per cent outcome about that approach, Mr. Speaker? Because these are against a union or a marriage, it would not move me. I the same arguments that are going on here in relation know where I stand. I know where my conscience to this issue of rights for gay people. That is how it stands on this. started. We only got to that last year on two words I am taking the opportunity to speak because, and a comma in sexual orientation, and rights for like what happened in Ireland. Nobody would have those people to enjoy the same rights as anyone else. thought it, Mr. Speaker, of Ireland, because of its And I know . . . I know even in my own party— steep tradition in Catholicism, that it would carry the I know in the other party, I know in the public—that day. And it did—overwhelmingly. And my hope is that (hmm!) there are no political lines on this one. There in having a referendum we can demonstrate to the are no political lines here. This is all over the shop. world that as a people we are with the modern world, That is the one thing I kind of like. There is a lot of that we are in recognition that it is the twenty-first cen- mix-up on this issue, on this one. That is why it has to tury, that we recognise, as I raised the other night in be this way. There is a lot of mix-up on this issue. And my speech, two things: One, the first question, Are it is kind of good to see, because at least that creates, you a human being? (And these are questions I would you know, the right type of debate amongst us all, love to see; I am being a bit facetious.) But, Are you a without having to draw any political lines on it. human being? And the answer to that is yes. The So, fine! You know, here we go. We will go to second question is, As a human being, are you enti- referendum. We will have people come back and have tled the same rights as any other human being? to the chance to express themselves and say, I’ll tick this which the answer is yes. Thank you. Good night. box, or, I’ll tick that box. I will not be moved. If it is How much further can you take it than that? 90 per cent, do you think I am going to go home and And I am going to speak on this on every single occa- rethink it? I am not. Do you think I am going to tell my sion I am in this place, in any other place that I can, children or teach them something different? I am not. and keep banging the drum, Mr. Speaker, that it is a Do you think I am going to come here and say, Oh, human rights issue! Whether you like it, because you well, colleagues. Now that this has gone a certain are heterosexual so it does not vibe with you and you way, I’m slightly moved. That will never happen while I find it peculiar, whether you do not approve because draw breath, because it will always be a human rights of your religious conviction, I do not care what your issue. It will always be, for me, and I think for right- reasons are for being against. I want people to start thinking people, a human rights issue, that there must on that question: Are you a human being? And then be a framework for same-sex couples to have the go to question two, in my referendum, and say, As a same rights. human being, are you entitled the same rights as And this, to me, is about semantics, about every other human being? (what do you want to call it?) marriage, civil union. I say marriage is a word and everybody gets hung up Bermuda House of Assembly Official Hansard Report 11 March 2016 1509 on it. The church marries you. Court divorces you. The Chair will now recognise the Honourable Church marries you. You do not go to church and Member from constituency 16, Pembroke East Cen- stand in front of the minister and say, Look. We’re tral, the Shadow Minister for Health and Community done. It’s not working, Minister. Can we have a re- and Sports. MP Weeks, you have the floor. prieve or whatever? That does not work like that. You go down there to the court. You know what the court Mr. Michael A. Weeks: Thank you, Mr. Speaker. document says? The marriage is dissolved. The mar- I too am in strong support of this referendum. I riage is over. The marriage is terminated. That is what remember a couple of years ago when we had the it is. It is a legal word, a legal word. Human Rights Amendment, the two words and a But, you know, we have to go this route. And comma. Some of us talked about our being in this like it happened in Ireland, they did it on the basis of place at this time talking about same-sex marriage saying, We want to have and make a statement to the and civil unions. And I remember people on both sides world. And there was a campaign for it. So I kind of saying it would never come to this. But I, for one, pre- landed on the page of saying, Let’s have that. Let’s dicted that we would come to this particular point in have that, because the hope in my heart that the time and that we would have to deal with same-sex Bermudian people will see it en masse as a human marriage and/or civil unions. issue. And then I will sing and dance on that day if Mr. Speaker, I agree with people and human there is an overwhelming vote, an affirmative vote to rights. But I think that this particular issue should go to both questions as a yes. And I will be disappointed if the people. And I will tell you why. My issue with this there is not. But it will not change the law; it will not amendment as it is, [is that] the two questions, Mr. change my view. It will not change, in my view, right- Speaker, are very confusing. One is saying, Are you thinking people’s view. It will not change the views of in support of same-sex marriage? And another is say- people who, hand on heart, are for human rights first. ing, Are you in support of civil unions? Knowing my It will not change that. people as they are, they are very obligatory. So we So my support goes with having a referendum will start off with saying we are against same-sex mar- on the basis of a hope and a prayer that we can dem- riage. And some people, for the heck of it, are going to onstrate to the world, to all of our gay brothers and go ahead and tick the second box. sisters, to one another, that we are right-thinking as a But, Mr. Speaker, in my research, here is majority, that we put human rights first as a majority, what I have seen. Whenever a country passes a law that we recognise in those human rights that all hu- for civil union, within six to eight years the same-sex man beings are entitled to the same type of rights as marriage issue comes up. So, my question is this every other human being, whether you call it marriage here: Why are we placating with this referendum? The or civil union, or whatever you want to call it, that we two questions are confusing. have to have that framework. And I hope this is not I also have another issue. Rather than same- the last speech I will make on it. I know it is not. Be- sex marriage and same-sex civil union, I prefer a cause I will stand on the soapbox, Mr. Speaker, on the more direct question on whether or not we are in corner, on the day the referendum goes off, and make agreement that marriage should always remain be- the same speech. I will pick any corner, Premier, any tween a man and a woman. Because I can see some- corner where I am welcome. I will be there. I will move thing happening down the road, Mr. Speaker. Some around corners. people may not agree, and some people may not want to speak on it. But if we just use [the terms] An Hon. Member: We will move you around. same-sex marriage, same-sex unions, three or four years down the road, Mr. Speaker, we are going to be Mr. Mark J. Pettingill: I will be at the Speaker’s cor- back here talking about all kinds of things. Some may ner. not talk about it, but maybe bestiality. Because that, too, is same-sex. But at some point, we have got to [Inaudible interjection] talk about it. We have either got to talk about it now or we will talk about it later, Mr. Speaker. Mr. Mark J. Pettingill: Mr. Speaker, I do not know if So if we are going to have a referendum on you have a corner, but you should. But I will be there, this issue, I implore us as legislators if we are going to right? I will just put up my box. I will do it in London. have it let us be serious about it. Let us look at these We should have one here. I will go wherever it takes. I questions here and be honest about, how far do we will be there. I will make the same speech, support want to go, Mr. Speaker? And I feel that once we do what is going on here, on the basis that we put human that, once we are honest, whatever comes out of it rights first and tick both boxes yes. comes out of it, meaning that I am all for the people Thank you, Mr. Speaker. speaking. But let us not confuse the people going into the referendum. It has to be clear on the question so The Speaker: Thank you. Thank you, Honourable the people are clear on what the question is. So we Member. need some town hall meetings. But we definitely need Bermuda House of Assembly 1510 11 March 2016 Official Hansard Report

. . . before I take my seat I am going to say again, we tions was, Well, there are two issues that we are dis- definitely need to reword this. I am not for the question cussing, civil unions and also same-sex marriage. So same-sex. I am for the question marriage between a we tried to come up with one question that dealt with man and a woman, because that is clear and has no both. And it was very confusing, even for myself. So ambiguity, Mr. Speaker. we decided to separate the two: Are you in favour of And as I take my seat, I am very much in sup- same-sex marriage in Bermuda? And two, Are you in port of this referendum. Thank you. favour of same-sex civil unions in Bermuda? I believe that those questions are very simple. The Speaker: Thank you, Honourable Member. They will allow for the public to express via a yes or The Chair will now recognise the Honourable no vote to either question. And at the end of the vot- Member from constituency 7, Junior Minister for Home ing, the votes can be tallied up, and we would have a Affairs. very clear indication of how the Bermudian public feels regarding this matter, the margin of appreciation. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. And also, Mr. Speaker, depending on how the Speaker. Mr. Speaker, I am in support of having this vote goes, for example, if a large majority of Bermudi- referendum. I have made my position known publicly ans vote no (which could happen), then it sends a on this issue. And the public may or they may not be message to . . . I guess to the courts and the judges aware that the One Bermuda Alliance had many vig- who are also looking at this matter from a human orous debates internally about the way forward re- rights perspective on what I hope would be just how garding civil unions and same-sex marriage. far will they go in terms of passing law to address this I have my own personal view, as I have issue. So it is not perfect. stated. And one thing I can say, even on our side, is that there were divergent opinions and views on how Mr. Walton Brown: Point of clarification. we should handle this issue. The Speaker: Honourable Member? The Speaker: Just a minute, Honourable Member. Can I ask Members, all Members who are in Mr. Sylvan D. Richards, Jr.: I will yield. their seats, when you are talking, talk in undertones please. I hear clearly what you are saying. So just The Speaker: The Chair will recognise the Honour- speak in an undertone so I will not hear you at all. able Member from constituency 17. Carry on. POINT OF CLARIFICATION Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Walton Brown: This point of clarification is for the As I was saying, there were divergent views edification of the listening public. The courts do not even amongst our caucus about the way forward. And pass law, as the Member suggested. The courts inter- after consulting with various groups, I felt that an issue pret the law. of this importance would be best held by gauging, and I do not know if it has come up earlier tonight, the The Speaker: That is right. Laws are passed here. margin of appreciation of the Bermuda public over this issue. [Inaudible interjection] Now, the margin of appreciation is a concept that has been used outside of Bermuda in particular to Mr. Sylvan D. Richards, Jr.: Yes. Thank you, Mr. the same issue. And why I felt that gauging the margin Speaker. The Honourable Member has a view on this, of appreciation on this issue was so important is be- and he made it. cause it is clear that even outside of these walls, But the bottom line is this, Mr. Speaker. I am amongst the general public, there are very strong and pleased that we are having a referendum on this mat- oftentimes divergent views on this matter. ter. I am pleased that it is going to happen forthwith So I had to do some lobbying within my party, and that we will have a very clear opinion and view on the parliamentary group. And I must say that I was how the public views this matter. I think the questions, very pleased when the Premier decided that having a as I said, are straightforward, easy to comprehend. referendum was the way forward. Now, the questions There should not be any confusion. It is a yes or no to . . . the Honourable Member who spoke before me vote. So with that, I would encourage everyone, be- mentioned that he would want to see the questions fore you vote, do your own research. Most people reworded to specify that marriage would be between a have the Internet now. They have access to informa- man and a woman. And, you know, I have never been tion. Google what is going on in Italy regarding this involved in compiling referendum questions before; matter. Google what went on in Ireland regarding this this was my first time being involved. And the ap- matter. This is very topical. It is not just Bermuda that proach that I took when I started to think about ques- is grappling with this issue. Things are happening at a Bermuda House of Assembly Official Hansard Report 11 March 2016 1511 very fast pace. The world is changing. It is changing in favour of civil unions in Bermuda? Mr. Speaker, the faster than most of us would like. But the only con- right to come out and have a say is important. stant is change. I was taking a look at statistics earlier today So we have to wrap our minds around this on other referendums held in Bermuda. And I was issue and what we want for our children going for- really kind of surprised that there have not been a lot ward, what we want for society going forward. So let of referendums, considering the number of (I think) us educate ourselves, and let us vote. And I hope that hot topics that have crossed Bermuda [over the] years everybody comes out to vote. Come out and express and the numbers and the statistics. your view on this matter, whether you are for or against. This is a very important issue, and we all Now, a Member who spoke earlier mentioned need to be involved. Thank you, Mr. Speaker. 33 per cent of the voters, or I think he said 30 [per cent]. Well, as a matter of fact, it was 33 per cent The Speaker: Thank you, Honourable Member. when it came to capital punishment. And what that Would any other Honourable Member care to 33 per cent of voters was, by numbers . . . the total speak? turnout was only 33,700. And that was, 8,500 were The Chair will recognise the Honourable Dep- for, and 2,250 were against. There were 101 that were uty Speaker. invalid. That was in the year 1990.

Mrs. Suzann Roberts-Holshouser: Thank you, Mr. The Speaker: Just a minute. Speaker. Members are still speaking too loud. I am glad to have the opportunity to actually stand to my feet to speak to the Bill in front of us, the [Pause] Referendum (Same-Sex Relationships) Act 2016. It kind of reminded me this morning of a hot Mrs. Suzann Roberts-Holshouser: Thank you, Mr. potato. Mr. Speaker, I do not know whether you have Speaker. played the game. I know that I did as a child. You know, when you stand around in a circle and you The Speaker: You are not speaking across the throw around the hot potato. The music is played, and House, but you are speaking too loud. Let us speak it is quite fun. But the one thing you do not want to do . . . The Standing Orders—if I need to read them—say is be caught with holding that potato in your hand, be- that if you are going to speak you should speak in an cause if you are caught with that potato in your hand, undertone—undertones. Everybody understands what you are out. that is. But, Mr. Speaker, I am very delighted that this hot potato, which has been ignored for years . . . and Mrs. Suzann Roberts-Holshouser: Thank you, Mr. yes, I was in this House back in 2003. I do believe it Speaker. was then that a Member who was in the Government Then the next referendum, which was the hot tried to make progress. Unfortunately that did not topic, that hot potato, was in 1995. And we already happen. So, the One Bermuda Alliance has the po- heard reference of that, and that was on the inde- tato. The music has stopped, and Mr. Speaker, this is pendence for Bermuda. Again, still a small turnout, in what we are doing with it. We are actually doing my opinion. That was 58.76 per cent of registered something with it. voters came out to vote. So that was a turnout of And in this particular case we are taking a 37,841. Now, Mr. Speaker, I would hope that those topic which was the hot potato, the elephant in the numbers will be almost the 99.9 per cent that came room, no one wanted to discuss it—it would go away. out in other parts of the world on other referendums. It The reality of it is it has not. We are dealing with peo- is important that individuals recognise their right to ple, and we are dealing with rights. Now, one of the vote and their right to have an opinion. Members who spoke earlier from my side, I think con- Because indeed, Mr. Speaker, this was one of stituency 25, threw out something, the word of “rights.” those topics that was the elephant in the room that no He threw out, Do we get the same rights as all hu- one wanted to address. But as society continues to mans? Do all humans have the same rights? Well, Mr. change and evolve, we have to address these topics. Speaker, one of the things that popped into my mind And the One Bermuda Alliance have decided to take was rights! Absolutely right! that bull by the horns and actually do something about Mr. Speaker, the reality of it is people around it, rather than putting it up on the shelf and saying, the world, specifically people in Bermuda, had to fight You know, we’ll come back to that later. And in the hard to get the right to vote. So I would implore indi- interim, lives are being affected. viduals to actually take the initiative, recognise the One of the things that I recognised was that importance of their right to vote, be it for the question the reality for the electorate is that they have the right whether they are in support of the question, are you in to support or to reject. That is indeed what the refer- favour of same-sex marriage in Bermuda, or are you endum is all about. And worldwide, countries have Bermuda House of Assembly 1512 11 March 2016 Official Hansard Report used referendums to resolve political issues. And I ple out there who get that—to help us to create the dare say, as another Member has mentioned, this as framework for people in Bermuda to find a way to such is not as much a political issue, but it is up to the have a relationship that is as close to the assimilation politics of the world to resolve. It is indeed a human of marriage as we as a community can get. And I ap- issue. preciate the fact that the Government is at least taking One of the tyrannies in one of the political crit- a broad look at what is going on around them. ics was the fact that the tyranny of a referendum is However, it somewhat bothers me—and cer- that, again, the majority vote will out-rule the minority. tainly I speak on behalf of constituents—that we have And, Mr. Speaker, that is a tyranny. When you look at to even go through this process. I mean, I certainly am it that way, it is almost unfair, because if you are the a human being who has, through generations before minority, you lose. But, Mr. Speaker, that is the only me, had to go through and experience what it is like to way that we can see the subject matter being han- fight for human rights. And to me, it is not a matter of dled, being handled to the best of our ability. And the what a few people think or how people vote. This only format that we have to do that is via the way of a should be a blanket across-the-board you are human referendum. and you should have equal rights as any other human. And so, therefore, Mr. Speaker, before I take Fine. I appreciate we are going to have a referendum. my seat, I would simply implore all individuals who We know where the community stands. But ultimately, have the right to vote to come out and vote. Because Mr. Speaker, I look forward to all human beings in what it does is it helps to give those groups, the politi- Bermuda having equal rights. Thank you. cal parties who are between and betwixt making a decision, the ability to [sense] or recognise what the The Speaker: Thank you, Honourable Member. people of Bermuda want us to do. So again, before I Would any other Honourable Member care to take my seat, while the questions on the referendum speak? may not meet everyone’s satisfaction, if we have not The Chair will recognise the Honourable Min- recognised that we cannot make everyone happy here ister of Finance. Minister Bob Richards, you have the in this room, then we have recognised nothing. And all floor. I can do is implore people to have their say. They have fought hard to have their right to say. Now let Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker. them use that right. Thank you, Mr. Speaker. I thought I would like to make a contribution here. I was really impressed, Mr. Speaker, when we The Speaker: Thank you, Honourable Member. had that demonstration on the Cabinet Grounds a few Would any other Honourable Member care to weeks ago, of Bermudians coming out from, quite speak? frankly, all walks of life, expressing their views on this The Chair will recognise the Honourable issue. I think that this is, for many Bermudians, a Member from constituency 20, Pembroke [South] moral/religious issue. But it is also a legal issue. And West. MP Susan Jackson, you have the floor. one of the reasons that it is controversial and perhaps complicated is because the institution of marriage is Mrs. Susan E. Jackson: Good evening, Mr. Speaker. both moral or social, as well as legal. I was perfectly happy, to be honest with you, My colleague, the former Attorney General, to let this be one of the matters that the judicial sys- has said twice now that marriage is just a word. But if tem took care of and took responsibility for, because it you look up “institution” on Google, it describes what it seemed to me that they are a part of our legislature, is. And then right underneath that as an example, it and now is the time for them to make the decisions. gives institution of marriage. And so, I just would like But then I realised that we cannot endure the to ramble on this a little bit, Mr. Speaker, because I expense of having time and time again members of think that there are some interesting things at play the public going before the courts and suing the Gov- here. I think many Bermudians, perhaps most of those ernment, and ultimately, the taxpayer having to pay a folks who came out in that demonstration, the pre- large amount of money for the judge to make a de- serve marriage people, came there to express their termination that really the Government should create views which were less about tradition and more about and establish. religion, or morals. So, with that in mind, I think that it is quite re- Well, you know, if you step back far enough, sponsible of the Government to have a referendum. It you will see that Christianity is not the only religion in gives the people of Bermuda an opportunity to have the world. There are many other religions, many other their say. The Government gets to see where people cultures. And if you step back, you will see that this in Bermuda stand. And that, in and of itself, will create institution called marriage is found in every culture. It at least a bit of a barometer or some indication of the is found in every religion. Everywhere on Planet Earth, pulse of this community. there is something called marriage. Whether you are But it ultimately is going to be the responsibil- Muslim, whether you are Buddhist, whether you are ity of Government—and I get that, and there are peo- Shinto in Japan, people get married in every one of Bermuda House of Assembly Official Hansard Report 11 March 2016 1513 those places, even places if you go back in history. Honourable Member, Mr. Pettingill. He makes the le- Mr. Speaker, you know, I grew up studying the Bible gal issue very strong, the human rights issue. The in Sunday School. And remember that the Israelites protection of minorities is a really important function in were in bondage in Egypt. Well, the Egyptians did not a healthy democracy. There is a thing in political sci- worship Jehovah. They worshiped Amun-Ra and ence called the tyranny of the majority. And so, we Anubis and Isis and all those other Gods. They were need to be cognisant of that. So what this referendum far from Christians. attempts to do, it attempts to give voice to those peo- ple who, either through a religious or moral or just ha- [Inaudible interjection] bitual belief that marriage should be between a man and a woman, it gives voice to that opinion. But it also Hon. E. T. (Bob) Richards: Yes, Isis. Isis. Isis is an gives the opportunity to avoid the tyranny of the ma- Egyptian goddess, all right? jority by providing some legal rights to same-sex cou- ples. [Inaudible interjections] And it does not make sense telling people how to vote. They are going to vote the way they want Hon. E. T. (Bob) Richards: So they were not Chris- to vote. I think the only thing that we need to do as a tian at all. But they had marriage, Mr. Speaker. They parliament is to encourage people to vote and to par- had marriage, because we know that Pharaoh had ticipate in this. What our friends in the Supreme Court, wives. We know that Akhenaten, his wife was Nefer- of the Bermuda Supreme Court, what they do about it titi, and Ramesses’ wife was Nefertari. So we know is up to them, ultimately. But I do believe that this ref- these things. So if you step back far enough, you will erendum provides an opportunity for Bermudians to see either a cross-section of the world as it is today, express themselves. And it also would give us some or if you step far back enough in time, you will see that idea as to where we are as a culture, where we are as there is something called marriage throughout the a society. world, as well as throughout the history of the human There is no question in my mind that the insti- race. tution of marriage is the foundation of any society and So, what is it? If we get down to what the es- culture. It has to be! Because, you know, that is where sence of marriage is, as opposed to just the name, we are created. There is a social construct for the there is an essence of marriage as opposed to the procreation of the species and the socialisation of legal aspects which have been bolted on over time. children. And you have to have those two things to My position is, Mr. Speaker, the essence of marriage have a society. comes from the need from our species to procreate. It So I encourage everybody to participate in is the human construct that was put in place for two this referendum. And I support it 100 per cent. Thank things—procreation and the socialisation of children. you. The whole society is built on that, as one of the other speakers already said. The entire human society, and The Speaker: Thank you. varying societies, are built on those two fundamental Are there any other Honourable Members things. who would care to speak? So, having said that, I am one who thinks that The Chair will recognise the Minister. Minister marriage is essentially, innately, intrinsically a rela- Patricia Gordon-Pamplin, Minister for Community, Cul- tionship between a man and a woman. And therefore, ture and Sports, you have the floor. I agree with those people who want to keep it that way. Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Speaker. [Inaudible interjection] Mr. Speaker, as the Minister responsible for initiating the town hall meetings that occurred and in- Hon. E. T. (Bob) Richards: However, you know, I viting people to come and give us their opinions and really find it to be interesting when people say, Well, their thoughts, and having an interchange of ideas they want equality in marriage. Because, Mr. Speaker, and preferences, and a revealing of people’s personal if you believe as I do, that marriage is intrinsically and situations, their history, their experiences, I was able inherently a heterosexual relationship, if you believe to learn an awful lot. that, then equality of marriage is sort of like the don- Let me just say that we determined that we key saying to the eagle, I want equality in flight. You would go this route because it was the one method by know? You cannot have it, because they are innately which the Government could respond to the responsi- different. So, the equality in marriage thing falls down, bility outlined in the Oliari v. Italy case, to which much to me, on that basis alone. reference has been made in terms of a necessity to So, having said that, Mr. Speaker, we still determine the populace’s margin of appreciation. have this legal issue. We still have this legal issue, My initial belief, Mr. Speaker, was that, with and I come back to my honourable colleague, the the extent of the town hall meetings that I had, open- Bermuda House of Assembly 1514 11 March 2016 Official Hansard Report ing up a website for people to give us their thoughts happen. Whether we are talking about it today, and ideas and sharing that information, that that might whether we are talking about 20 years down the road, have been sufficient. In going back and discussing it Member Weeks, it is not going to be a problem, cer- with my colleagues and the like, I thought, you know, tainly not in our society. You cannot have a consent- if the court decision says that this is what we need to ing relationship. do, then I had to acquiesce to that suggestion. We found ourselves in a very interesting di- But let me just say that if I had my preference, chotomy in respect to this situation, because we have we would not be going down the path of a referen- the A. and B. case, which was the adoption case. In dum, because as colleagues have mentioned ever so February the decision came down from the court. And eloquently today, this is a human rights issue. So, we subsequently, in November, we had the Bermuda look at situations that heterosexual couples are the Bred case. And in the interim, we went about ensuring ideal. And somehow, homosexual couples are blas- that information was obtained and shared with the phemous and everything else that is negative. But public so that we could have an open interchange of look, as you will recall, Mr. Speaker, two days ago I ideas. made mention of my personal circumstance. You can But it was interesting that when the Bermuda be in a heterosexual relationship that is horrendous, Bred case came down, the decision relating to that that is brutal, that shows no respect of one party to- came down, which as the Honourable Premier indi- wards the other, and based on the construct under cated earlier, it was an immigration issue. But we which we operate and the churches and the Preserve looked at the decision there, and we were given until Marriage [in Bermuda group] and all of their ideals, February 29th to be able to effect something that pro- that relationship is approved and accepted because it vided for same-sex couples to have a right to family is heterosexual! life in our immigration policies. Put two homosexuals together in a loving and I placed on the Order Paper, Mr. Speaker, an embracing environment and, somehow, it is all wrong. amendment to the Matrimonial Causes Act, because So, the churches, I believe, are hypocritical on this that amendment effectively provides for securing the matter because you cannot on the one hand say that position of marriage being between a man and a it is okay to be in a heterosexual relationship that is woman. And I will not go detailed into the Act, but that brutal, but it is not okay to be in a loving and embrac- was the reason it was put down. And I put it down, Mr. ing relationship. There is something wrong with that Speaker, not because I thought it was the ideal thing picture, Mr. Speaker. And I do not know if I accept to do, but because at the time when two words and a that. comma was introduced into the Human Rights Act two However, let me just also say many examples years or so ago, the then-Minister and the then- of what we have had within those town hall meetings . Premier gave a commitment that this would not lead . . we had one young gentleman come out and say, to same-sex marriage. You know, I understand the churches’ position be- So notwithstanding being the Minister respon- cause I too grew up in the church. This gentleman has sible for Human Rights and feeling very uncomfortable a homosexual lifestyle. And he basically said, You about being in that position, Mr. Speaker, I was casti- know, I was molested in the church. So, while the gated by the Human Rights Commissioners, because church on the one hand is decrying him for the life- they saw this as a human rights issue that we should style in which he is engaged, somehow the church . . . not be changing legislation that carves out the Human you know, this gentleman does not feel any level of Rights Act. We are going to make changes to a Hu- comfort, because now he feels like he has been be- man Rights Act? It should be to support it, to enhance trayed twice. He has been betrayed because the it and to strengthen it. It should not be to water it church that he had a lot of faith and confidence in was down. the place where he was molested. And now, the very So I took the criticism. But I explained to the people in that same environment are vilifying him be- Human Rights Commissioners that the purpose for cause of the person whom he is. That cannot be right. which this approach had been taken was based on You cannot exclude people every step of the way. I do the commitment that was given two years ago. And not think that is right. whether it be right, wrong or indifferent, in retrospect, So, before we start with our, you know, sort of it was a commitment, and I wanted to ensure that sanctimonious approach towards things, let me dispel people who had those fears would have those fears the concern of the Honourable Member who took his assuaged. It was important for me to say that when it seat, from 16, Member Weeks. (I am not certain of the was said that this situation would obtain, that we constituency.) But let me dispel his concern about would have legislation that supported it. bestiality. Because the idea of marriage in any way, Now, let me just say that we have people say- shape or form has got to be between consenting ing, you know, Nobody has to have the same-sex adults. And it is not possible for an animal to give con- marriage. Passing a law which says that this situation sent. So you are not going to see, under any circum- might be legal with a same-sex civil union, however it stances, legalisation of bestiality. It is not going to is, you do not have to have one. It is not saying that Bermuda House of Assembly Official Hansard Report 11 March 2016 1515 as a result of this being on the books, that this is a me to gauge that concept. Because I am very, very requirement for you. And I have heard very many Christian, brought up in an extremely Christian envi- people say, If you do not want to have a same-sex ronment with an extremely Christian family and marriage, just don’t have one. mother, and dragged to church, and loved it, loved And it is not meaning to be glib about it, Mr. every minute of it. Even the times that Mum could not Speaker. But that is really quite a fact. Because I was take me to church, I would go by myself because I hoping that in tabling the Civil Union Bill, which took enjoyed the concept of church. significant effort on behalf of the parliamentary drafts So I have been serving my God, my Creator people to ensure that we carved out and gave assur- for an awfully long time, Mr. Speaker. And in so doing, ances in those areas where people expressed major at no time have I accepted or been forced to accept concerns during the town hall meetings . . . and some the fact that the God I serve is going to exclude me for of those things were things like, I don’t want to think any reason. I have to answer for me, for the choices that my church is going to be taken to court or forced that I make. And for those who believe in a different to marry a same-sex couple. It is against our religion. Creator, they have that relationship between them- We don’t want to do it. And that is the good thing selves and that Creator. And it is to that Creator that about human rights, Mr. Speaker. Human rights says they must respond, that they must answer when the that there are balancing rights. time comes, Mr. Speaker. It is not for me to judge how So as much as I might have the right to do somebody else chooses to life their life, provided that something, you have the right to do things the way what they do is not going to impact on me or my fam- you want to do them. So you have got those balancing ily. Because that is my level of protection that I am rights. So if a church chooses not to engage in this responsible for, Mr. Speaker. kind of ceremony, they do not have to. They are pro- So I do not want to see that we are so intoler- tected because of their freedom of religion, which is ant of one another that we cannot embrace the idea enshrined in the Human Rights Act. So with that said, that we can co-exist in an environment which gives what do we do? We brought for consultation a Civil people equal rights. Union Bill. And in that construct it indicates specifically Mr. Speaker, what is very interesting, this past that only a celebrant would be able to conduct a weekend I had a telephone call from somebody who same-gender union. was tremendously disturbed at the whole concept of a And what that says is that you cannot tell a referendum, and What does it mean? and Where do preacher they have got to do it if they don’t want to. they stand? And what was very interesting was the Anybody who wants to be able to be authorised would conversation that we had, which basically said, you have to make a concerted personal effort to go to the know, we as people who live in my skin have been registrar, be registered as a celebrant in order to have extremely tolerant. We have permitted people to vilify the licence to then perform civil union ceremonies. So us, castigate us, ostracise us, basically let us think it is not putting any onus or any difficulty on the tradi- and feel as though we are worthless. This is a human tional preachers whose religions do not permit them to being and, you know, somebody with whom I have be able to adopt anything that would embrace some- interacted with over an awful long time because we thing in which they do not believe. We accept that, share in certain sporting environments together. and we have provided for it in the Civil Union Bill. And what that individual said, you know, we It is also my fervent hope, Mr. Speaker, that have been really, really nice over the last little while. we would find ourselves in a situation where, in the And we have allowed people to push us around. And interim between now of the debate and the time that a we are too nice to even want to push back. But what referendum is held, that we will be able to continue the individual said to me is that, One of these days I our publicity, our public meetings, so that people are am going to reach my breaking point and I am going aware of some of the fears that they have respecting to start naming names of all the people who are there what would be entailed. Because one of the things pointing fingers at me and at us who, on the down- that we fail to exhibit in our community, Mr. Speaker, low, are living the same lifestyle. That is a scary is a level of tolerance towards one another. If your thought, Mr. Speaker. That is a scary thought. thought process is different from my thought process, Because we find ourselves so sanctimonious, then it becomes butting of heads. It is adversarial. I guess is the only word I can use, that we uphold cer- And it is not necessary. We can agree that we tain standards because the Lord says and the church can walk hand in hand on situations, Mr. Speaker, and says. And, you know, [by the] same token, we live because one had a different opinion than another, it together before we get married. The church does not does not say that one is right and one is wrong. It is say that that is appropriate. We have extra-marital just that the two are different. The two are different. relationships. The church does not say that that is ap- And when we speak in terms of tolerance, Mr. propriate. But because the construct of those relation- Speaker, I cannot imagine somebody standing in a ships is acceptable for being heterosexual, somehow pulpit and saying that you must be intolerant of an- we turn a blind eye. And we then ignore people for other human being. That is difficult! That is difficult for having their very dedicated relationships. Bermuda House of Assembly 1516 11 March 2016 Official Hansard Report

I can remember as a younger person, one of lack of respect? I do not think so, Mr. Speaker. I do the pastors of one of our very significant churches not think that that is appropriate. was thrust off the Island in double-quick time for hav- So I would just ask that we continue, or at ing been caught on the beach in a most compromising least we try to embrace everybody in our community, position, Mr. Speaker, and kicked off the Island. And have a level of tolerance. Whether we appreciate or then what happened? We then come and hear— support somebody else’s choice, we do not have to make those same choices. We have the freedom to The Speaker: Just a minute, Honourable Minister. make choices for ourselves. And let me just say, fi- nally, Mr. Speaker, that if we find ourselves—we Hon. Patricia J. Gordon-Pamplin: Sure. heard, you know, that this is narrow self-interest and special interests and the like. But let me just say that if The Speaker: I want to say to people sitting in the we want to be fair to the community, and you know Gallery that you make no kind of response to anything you cannot please all the people all the time, but we that anyone says. Otherwise, I will ask you to leave cannot have on the one hand a group that is saying, the House, the Chamber. You sit, and you watch, and Please give us security so that marriage is defined as you listen to who is speaking. Otherwise, leave. between a man and a woman and it is not going to Carry on. change, and then you have another segment of the community to whom you are going to say, Well, I’m Hon. Patricia J. Gordon-Pamplin: Thanks, Mr. going to solidify this situation over here, but I’m going Speaker. to give you nothing. I’m going to give you nothing. So, these were the people in times who would So, what happens, Mr. Speaker? If we do not want to come and tell us how we ought to live. And I solidify the Matrimonial Causes Amendment Act that say that only to say that we must remove the mote has been tabled and will be debated at the appropri- from our own eye before we try to move that from our ate time, we can have a situation, Mr. Speaker, in brother’s. And I think that is a very important concept, which the court then makes the determination that, Mr. Speaker, from a point of view of tolerance. We you know, if we do not have this bit sorted out, and must be tolerant towards one another. there is no tolerance for anybody else, the courts can Mr. Speaker, I know and I understand the come down and say, You know what? We don’t see benefits that children have when they live in an envi- that you are providing a framework in which same-sex ronment that is loving and nurturing, with mother and couples have the right to family life. So therefore, I father and marriage, and sister and brother and dog, believe that you are acting ultra vires, the European and white picket fence, and the whole nine yards, all court decision. You are acting ultra vires the Constitu- of the perfections that one sees and reads of in the tion in terms of people’s human rights. And therefore, I storybooks. But in reality, many of those situations do as a judge am going to make that decision. And yes, not obtain. Many of our young people, Mr. Speaker, the two of you can just carry on, trot off to the registrar are from broken homes. We had the debate the other and get married. day about the challenges faced by single parents, sin- That is a distinct possibility that can happen. gle mothers in particular, having to provide for their And what happens then? Then the precedent is estab- families. lished. The floodgates open, and we find ourselves in Mr. Speaker, we do not have that ideal con- a situation of being forced to accept that which we say struct of a family as being the norm. As Minister re- we do not want, Mr. Speaker. sponsible for Financial Assistance, we have people I am between a rock and a hard place, Mr. walking through the doors requiring help for their chil- Speaker, because my Ministers and former Premier dren, Mr. Speaker, when they might have three and made a commitment. And I am trying to fulfil that four and five and six children and maybe as many commitment. I am also, on the other hand, trying to children’s fathers. So while we have an ideal situation ensure that we fulfil commitments on an equal basis, that we might strive towards, and I would never un- as far as possible, to all members of our community. dermine that, Mr. Speaker, we also have a very stark Because I take very seriously, Mr. Speaker, the Pre- reality that there are situations that are less than ideal. amble to our Human Rights Act, which effectively And, Mr. Speaker, I am not going to turn my speaks about the inalienable right that each person back on any child in our community because he does has to be treated with dignity and respect, and to be not have a married mom and a married dad. Because able to live with that level of integrity. And if we do I could have been in the situation with a married mom anything less, we are not providing for it. and a married dad and a wonderful child that I have, So, with this referendum, we will be able to and he has got to sit there every day and watch his test the margin of appreciation, and we will be able to mama having a black eye. Is that good? Is that what is determine whether we are so intolerant that we can being endorsed when you say that this is what we come up with a decision one way or the other where want, because this is heterosexual, irrespective of the the rights of the minority are trampled on by the sheer numbers of a majority. Bermuda House of Assembly Official Hansard Report 11 March 2016 1517

I would encourage, Mr. Speaker, firstly, that What is the difference between the people people support the referendum, that they come out to who were assembled at Parliament today and the vote. But in the interim [I would encourage them] to people who moved Minister Richards when they were apprise themselves of what it takes to be able to be down on the steps of Cabinet? What is the difference, tolerant of another human being, as opposed to mak- Mr. Speaker? People are speaking because they have ing a determination that my great-granny said that this to be heard on issues that the voters have not had an is a sin, and you are going to go to hell because the input on. And the margin of appreciation, as the Hon- Lord said so, and just recognise that every one of us ourable Member from constituency 7 mentioned, can will face our own Waterloo at the appointed time. And be mentioned in this instance. But if the Government each one of us will have to answer to our own Crea- is saying that on the issue of Pathways to Status as a tor. Thank you, Mr. Speaker. human rights issue, then should not the same thing apply, Mr. Speaker? The Speaker: Thank you, Minister. The Government cannot even keep their own The Chair will now recognise the Honourable arguments straight. Because on one hand, we hear Member from constituency 18, MP David Burt, the that a referendum is necessary to make sure we know Shadow Minister of Finance. what the people believe. And on the other hand, we do not need to know what the people believe, be- Mr. E. David Burt: Thank you very much, Mr. cause we have it here. We do not have any data. We Speaker. do not have any ideas. We cannot produce any statis- Mr. Speaker, the first item that rise on is pur- tics which say that the people support our position, suant to Standing Order 27(2). Standing Order 27(2) even though before the election, we told them other- reads as follows, if I may: “As soon as possible after wise. the receipt of a Bill the Clerk shall circulate a copy to Mr. Speaker, this Government needs to [be- every Member. Every Bill shall be accompanied by a come] a little bit better, because when they come here short explanatory statement of its objects, and if it in- with those types of arguments it is obviously going to volves expenditure, a financial memorandum indicat- be asked, Why does that same thing not apply in an- ing the estimated annual recurrent cost and any capi- other circumstance? And just to be clear, Mr. tal cost.” Speaker, when the people were on the steps of Cabi- Now, Mr. Speaker, I will state that this Bill has net they were out there protesting just like the people been submitted to us without a financial memoran- today were protesting—just like. Why are the people dum. And then one must only assume that it is free, or who protested today any less worthy of having their the Government is violating Standing Orders in this voice heard, understanding that the people get to de- case. I would seek to ask for your ruling in this regard, cide [the issues], than those people who were on the if we are even allowed to proceed, because this was Cabinet steps three weeks ago? Thank you, Mr. done after the Budget. The Budget was tabled, and Speaker. then the decision was changed by Government for a referendum. So clearly, this is an additional spending, The Speaker: Thank you, Honourable Member. and there has to be a financial memorandum. Would any other Honourable Member care to Mr. Speaker, you will know that I spoke to you speak? earlier, because there have been referendum bills that The Chair will recognise the Honourable and have been refused by yourself, stating that they con- Learned Member, the Attorney General. tained expenditure. But if this Bill does contain expen- diture, the question one must ask is, Where is the fi- POINT OF ORDER nancial memorandum? So I would submit to a ruling from you on that particular aspect, Mr. Speaker. I Hon. Trevor G. Moniz: Thank you, Mr. Speaker. would be grateful for your response. Just on a point of order, really. I know that The one thing that I will say overall on this Bill Honourable Member was mixing up two different de- is that some people would think that we are living in bates, one that we will have later, I expect. But with almost an alternate universe. Because as the Hon- respect to the financial memorandum, I would just, ourable Member from constituency 17 said, for some depending the Speaker’s ruling on that . . . we just reason, on this particular issue it is important [that] the moved on this side that the money was put in the will of the people [be heard]. We hear the Government Budget, as the Member knows. And with that said, we Whip talking about. The Government does not have a will just put a motion to waive the rule. So we wait on mandate to do this; so we need to figure out what the your ruling, Mr. Speaker, in that regard, as you will people are saying. And then we have a Government know with respect to this Standing Order 27. that, in a completely different issue, does not have a mandate, is going against what was in their election The Speaker: Thank you, Honourable Member. platform and saying that they do not need to listen to Thank you, Attorney General. Thank you. the people. Bermuda House of Assembly 1518 11 March 2016 Official Hansard Report

Would any other Honourable Member care to speak? The Speaker: All right. It was. Then, Premier. So, I think, Honourable Member, I move that we continue. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Yes. So therefore, we will go into Committee. I thank honourable colleagues for their contri- The Deputy can take the Chair [of Committee]. butions in this debate. There were many good presen- tations, and certainly some of them were quite heart- [Pause] wrenching. Mr. Speaker, many of the questions were answered through the course of the debate. House in Committee at 8:33 pm One of the things that did come up from an honourable colleague, I think it was the Honourable [Mrs. Suzann Roberts-Holshouser, Chairman] Member from constituency 34, in regard to the ques- tions. The questions are not linked, Mr. Speaker. You COMMITTEE ON BILL can answer yes–yes, yes–no, whichever way you want. The questions are not linked. REFERENDUM (SAME-SEX RELATIONSHIPS) ACT With the debate now being concluded, I would 2016 like that the Bill be committed, Mr. Speaker. The Chairman: Members, we are now in Committee The Speaker: Thank you. of the whole House for further consideration of the Bill Are there any objections to that? entitled Referendum (Same-Sex Relationships) Act 2016. Mr. E. David Burt: I object, Mr. Speaker. I call on the Minister in charge to proceed. Minister—in this particular case, Premier—you have The Speaker: Yes? the floor.

Mr. E. David Burt: I object on the grounds of Stand- Hon. Michael H. Dunkley: Thank you, Madam ing Order 27(2), that there is no financial memoran- Chairman. dum attached to the Bill. I move all the clauses, 1 through 4.

The Speaker: Thank you, Honourable Member. The Chairman: It has been proposed that we move Honourable Member, I do realise that from clauses 1 through 4. what I have been made to understand, the matter is in Are there any objections to that motion? the Budget. The matter is in the Budget. No objections. Please proceed.

Mr. E. David Burt: Mr. Speaker. Hon. Michael H. Dunkley: Thank you, Madam Chairman. The Speaker: Yes. The Bill requires that a referendum be held on the questions set out in clause 3. It also seeks to re- Mr. E. David Burt: Whether or not it is in the budget peal and replace section 9 of the Referendum Act or not, the Standing Orders specifically state that if 2012 to apply to a referendum under the procedure for any Bill requires expenditure then it has to have a fi- preparing and publishing the register used for a par- nancial memorandum indicating the estimated annual liamentary election. recurrent cost and any capital cost. The referendum would be conducted in ac- Additionally, Mr. Speaker, the Government cordance with the Referendum Act 2012. decided on a referendum after the Budget was tabled Madam Chairman, clause 1 is self- in this House. Therefore, they cannot say that it was explanatory. included in the Budget if they changed their decision Clause 2 provides that this Bill must be read after. and construed as one with the Referendum Act 2012. The Referendum Act 2012 sets out the framework for The Speaker: Thank you. Thank you. Thank you, the conduct of a referendum. Honourable Member. Clause 3 requires that a referendum be held Honourable Member, did you want to speak? and, in accordance with section 6(1) of the Referen- dum Act 2012, sets out the questions to be asked at Hon. Michael H. Dunkley: Just to clarify, during that the referendum. Section 6(1) of the Referendum Act Non-Ministry Head debate on Wednesday, I clearly 2012 sets out that, where an Act requires that a refer- explained where the funding would come from in the endum be held, the question, or questions to be an- line item for by-elections and general elections. The swered at the referendum, shall be set out in the Act, Honourable Member was not in the Chamber. and subject to anything to the contrary in that Act, the Bermuda House of Assembly Official Hansard Report 11 March 2016 1519 referendum shall be conducted in accordance with the say it is not a binding referendum (sorry). So my ques- provisions of this Act. Accordingly, there are two ques- tion is, why go through the exercise with these ques- tions to be asked at the Referendum. One: Are you in tions if it is not binding on the Government? That is favour of same-sex marriage in Bermuda? Or two: Are the first question. you in favour of same-sex civil unions in Bermuda? Secondly, with regard to these particular Madam Chairman, clause 4 repeals and re- questions, based on the comments that I heard earlier places section 9 the Referendum Act 2012. Currently, during the general debate, it seems as if there was a section 9 provides that the registration of voters great deal of religious impetus behind these ques- closes when the Premier publishes a referendum no- tions. And so, my question for the Premier is, To what tice, and that the Registrar must publish the register to extent has, say, the religious lobby put the Govern- be used for the referendum within seven days of the ment in this position to pose these questions? publication of the referendum notice. The amended And thirdly, what is the date for the referen- section provides that section 26A of the Parliamentary dum? Election Act 1978 applies with necessary modifica- tions. For the avoidance of doubt, Madam Chairman, The Chairman: Thank you, Member. section 10(4) of that Act, which provides for the regis- The Chair recognises the Minister of Commu- tration of voters who have not yet attained the age of nity, Culture and Sports. The Honourable P. J. 18 when the referendum notice is published, but will Gordon-Pamplin, you have the floor. be 18 on or before the polling day, is similarly applied. Section 26A(1) of the Parliamentary Election Hon. Patricia J. Gordon-Pamplin: Thank you, Act 1978 states that “Where the Governor issues a Madam Chairman. writ of election pursuant to section 27— Madam Chairman, I just wish to respond, be- (a) the Registrar shall by notice publish in the cause I am the substantive Minister responsible for Gazette and in such other manner as he [or she] Human Rights, and I hope the Honourable Member thinks fit, declare that for the purposes of this election does not mind, albeit he did address his question to the registration of electors shall close after a period the Premier. ending seven days after the issuing of the writ; and But in terms of, why hold the referendum? (b) the Registrar shall within seven days after You will know that in the case of Oliari v. Italy and the the end of the period referred to in paragraph (a), re- judgment that was handed down in the European vise and publish the parliamentary register.” court, it spoke to a few things, one of which was that Therefore, the Office of the Parliamentary we must provide a framework within which same-sex Registrar will extend a seven-day registration period couples are able to have the right to family life. That once the notice for the referendum is published by the was one. And the other was to determine what the Premier. In accordance with section 10(4) of the [prin- margin of appreciation was of the state. So that mar- cipal] Act, “a person otherwise qualified to be regis- gin of appreciation is what is now being sought in this tered as an elector after the [notice for the referen- referendum. dum] if he will attain voting age on or before polling day is entitled to be registered in the parliamentary The Chairman: Thank you. register; and his entry in the parliamentary register Are there any other Members? shall give the date on which he shall attain that age; The Chair recognises the Honourable Mem- and until the date given in the entry he shall not be ber from constituency 17. entitled by virtue of the entry to be treated as an elec- tor for any purpose other than the purpose of an elec- Mr. Walton Brown: Madam Chairman, I am even tion at which the date fixed for the poll is that or a later more confused. So if the intent is to determine . . . If date.” Therefore, Madam Chairman, a person who is the courts are requiring that there be a legal position registered in the parliamentary register and is 18 with regard to same-sex marriage or civil unions, the years old on or before the date of the referendum referendum is meant to give the public the right to shall be entitled to participate. come to a position on it. If the public rejects both That is an overview of the four clauses. questions, i.e., says no to both questions, will the Government therefore be in a position where it cannot The Chairman: Thank you, Premier. pass any such legislation that will bring a level of the Are there any Members who would like to quality to same-sex couples? speak to clauses 1 through 4? The Chair recognises the Member from con- The Chairman: Thank you, Member. stituency 17. The Chair recognises Minister Gordon- Pamplin. You have the floor. Mr. Walton Brown: Thank you, Madam Chairman. Madam Chairman, the Premier has not an- swered the question whether or not . . . well, he did Bermuda House of Assembly 1520 11 March 2016 Official Hansard Report

Hon. Patricia J. Gordon-Pamplin: Yes. If that were whether he wants to finish his conversation or not, so I to happen, then we will obviously have to assess the can hear you. situation at that point in time. Thank you. Please proceed.

The Chairman: Thank you. Mr. Walton Brown: Thank you, Madam Chairman. The Chair recognises the Member from con- So I am just confused. If the public say no, stituency 17. you are going to pass legislation anyway, presumably. If the public say yes, you are going to pass the legisla- Mr. Walton Brown: Madam Chairman, I really hate to tion anyway. belabour the point. But it is just bringing to relief the What am I missing? absurdity of the process that we are currently en- Why are we spending the money? gaged in. Because what the Government is intimating Why do we go through this exercise? . . . well, you are elected to lead, as you say. You are What is the purpose of our spending a few leading on other very controversial issues in ways that hours here tonight on an issue that I think most people have created division for this country. And there has see as a fundamental human rights issue in which the been no dialogue and no collaboration and no man- Government will be encouraged to act in a decisive date—in fact, opposite of the mandate. manner? But here we have on this issue a process which will give, I think the Honourable Finance Minis- The Chairman: Thank you, Member. ter . . . the first time I have ever heard him speak on Are there any other Members who would like social issues, Madam Chairman, with passion, no to speak to clauses 1 through 4? doubt— The Chair recognises the Member from con- stituency 34, the Learned Member. Ms. K. N. Wilson, [Inaudible interjection and laughter] you have the floor.

Mr. Walton Brown: And he said that— Ms. Kim N. Wilson: Thank you, Madam Chairman. I am a little bit perplexed, actually, as well, An Hon. Member: He has a heart. because I too have absorbed the Oliari case, and I do recognise the obligations that we have with respect to [Laughter] establishing a framework. However, as the Minister just alluded to we are trying to test the margin of ap- Mr. Walton Brown: Well, there must be a heart preciation through the use of this referendum and somewhere in there, Madam. I saw a little bit of it to- these questions if, just reading the questions in con- night. junction with the 2012 Referendum Act, if neither 50 per cent of the persons come to vote either yes or [Laughter] no for question A, or neither 50 per cent of the per- sons come to vote for question B, yes or no, then how Mr. Walton Brown: But he spoke about the tyranny of have we solved the issue of addressing the margin of the majority. So they have a process now which may appreciation if not even anybody shows up for the ref- well lead to that. It will put the Government completely erendum? at odds with the judge’s ruling. So why are we here? It This does sound like a very expensive exer- is an expensive exercise, when you do not have cise. And I just wonder if perhaps the Honourable Min- money. ister or the Honourable Learned Attorney General can I will offer my services once again. I will de- answer this question. If the whole objective is to test clare my interests. I do market and social research. If the margin of appreciation, as announced in the Oliari you want an opinion poll, a representative sample will case, what if nobody shows up? tell you exactly [what] the population thinks on the is- sue. The Chairman: Thank you, Member. Are there any other Members who would like [Inaudible interjections] to speak to clauses 1 through 4? The Chair recognises the Member from con- Mr. Walton Brown: You do not need to spend half a stituency 34. million dollars. If all you are going to do is find out what they— Ms. Kim N. Wilson: Thank you. And another ques- tion. Bearing in mind that the Honourable Premier has [Gavel] gone on record indicating that the Government is not in favour of same-sex marriage, what happens if the The Chairman: Member, I will ask you to have a seat first question of the referendum comes back with over so that the individual in front of you can determine 51 per cent voting yes? Bermuda House of Assembly Official Hansard Report 11 March 2016 1521

The Chairman: Thank you, Member. The Chairman: Thank you. The Chair recognises the Minister from con- Are there any other Members who would like stituency 23. to speak to clauses 1 through 4? The Chair recognises the Member from con- Hon. Patricia J. Gordon-Pamplin: Again, we will as- stituency 18, Mr. E. G. Burt. You have the floor. sess our position at that time. I do not know that there is much that I can share, that I can offer at this point. Mr. E. David Burt: Thank you very much, Madam Chairman. The Chairman: Thank you. Madam Chairman, during the general debate, Are there any other Members who would like the Honourable Premier did not answer one question. to speak to clauses 1 through 4? The Honourable Member from constituency 17 asked The Chair recognises the Member from con- it again, and the Honourable Premier has not an- stituency 17. swered. And I am going to ask the question again, which I asked in the general debate, and hopefully the Mr. Walton Brown: Thank you, Madam Chairman. Honourable Premier will give an answer. So, for the sake of clarity, irrespective of the What is the difference between the persons outcome of this referendum, is it the Government’s who are protesting now to make sure that their voices position that it will proceed with same-sex or civil un- are heard insofar as a controversial issue (with some ion legislation, irrespective of the outcome? persons in the Government) called human rights, and this particular issue? Why has the Government sought The Chairman: Thank you. Thank you, Member. to take the temperature of the people so that they can Are there any other Members who would like understand where the people feel on an issue that has to speak to clauses 1 through 4? not been placed before voters? What is the difference The Chair recognises the Premier. between the two groups? That is the question. Because if the Government is going to say Hon. Michael H. Dunkley: Thank you, Madam they are going to proceed, if it is expedient to hold a Chairman. referendum on this particular issue, why is it expedient The Honourable Member asked a question a to get the views of the voters on one issue, but not on couple of minutes ago (I think it was the Honourable the other? Member from [constituency] 34) about the date. The Act is clear that once the Governor provides assent to The Chairman: Thank you, Member. the Bill, then it is 90 days from that date. And then, Are there any other Members who would like once the Premier publishes the notice, then it is 60 to speak to clauses 1 through 4? days maximum from that date, or 30 days minimum The Chair recognises the Premier. from that date. So I would assume it would be fair to say that we are looking at some time in the middle or Hon. Michael H. Dunkley: Thank you, Madam end of June. Chairman. We are now in Committee. So that is a ques- The Chairman: Thank you, Member. tion that is not appropriate for Committee. And I will The Chair recognises the Member from con- certainly— stituency 35. Mr. E. David Burt: You did not answer it before! Hon. Dennis P. Lister: Thank you, Madam Chairman. Minister, in light of the fact that you have a Hon. Michael H. Dunkley: The Honourable Member sample (my word) legislation of what civil unions could . . . certainly I talked to the Honourable Member after look like, as a Bill, in the event that the referendum is that, because I have answered that question before. held, as it will be, and the outcome is clearly a no to The Honourable Member needs to retain some infor- both civil unions as well as same-sex marriage, will mation. So having said that, I move that all these you proceed with the draft legislation you have here? clauses be approved. Or will it die a natural death? Mr. E. David Burt: I object, Madam Chairman. The Chairman: Thank you, Member. The Chair recognises Minister Gordon- Hon. Michael H. Dunkley: We are in Committee right Pamplin. You have the floor. now.

Hon. Patricia J. Gordon-Pamplin: Yes. I was asked Mr. E. David Burt: That is perfectly fine. And in the exact same question, and I said that we will as- Committee— sess it at that point in time. Bermuda House of Assembly 1522 11 March 2016 Official Hansard Report

The Chairman: The Chair recognises the Member from constituency 18. [Laughter]

Mr. E. David Burt: Thank you very much, Madam An Hon. Member: I got you. Chairman. Madam Chairman, the Preamble says where Mr. E. David Burt: The Premier is saying that it is it is expedient to hold a referendum. Therefore, I am comprehensive when it is not. So if he can at least asking, What is the Government’s position on the dif- share the difference between the two classes of peo- ference between the two classes of people? Why is it ple, then that would probably be helpful for those per- expedient to hold a referendum in this case, expedient sons who are listening very carefully, who do not ac- to get the view of the voters in one instance and not tually understand what is the difference between the the other? two classes of people. The Premier would like to hide behind rules. But can he at least answer the question? Seeing that The Chairman: But, Member, you do recognise the he did not answer the question during the general de- fact that the Bill before us is called Referendum bate, will he at least answer it now? Why is it expedi- (Same-Sex Relationships) Act 2016. So that is the ent to get the view of the voters on this particular is- topic that we are discussing within the Bill. Thank you. sue, but on another issue he has refused to do so, The Chair recognises the Premier . . . the even though his Government does not have a man- Chair recognises the Attorney General, from constitu- date? ency 9.

The Chairman: Thank you, Member. Hon. Trevor G. Moniz: Yes. Thank you, Madam The Chair recognises the Premier. Chairman. We can anticipate the debate on Monday. We Hon. Michael H. Dunkley: Madam Chairman, the all agree that we need comprehensive immigration issue that he refers to is one that we all agree that reform; that is the difference. We all agree on com- there has to be comprehensive immigration reform. prehensive immigration reform. All we disagree on is That is not an easy question to put to a referendum, the way to go about it, some of the details. It is not even if the greatest minds of Bermuda in this House possible to put that to a referendum, the question get together and think about it. upon which we know we all agree. This issue here is very simple for us to put This question here, they are very distinct forward. And that is why we are taking this approach. questions for the people, and they are quite straight- forward questions. The Chairman: Thank you. Please proceed. The Chairman: Thank you very much. The Chair recognises the Member from con- Are there any other Members who would like stituency 18. to speak to clauses 1 through 4? The Chair recognises the Premier. Mr. E. David Burt: I thank the Honourable Premier for his answer. Hon. Michael H. Dunkley: Thank you, Madam The challenge is, however, that what the Chairman. Government is now proposing is not comprehensive. If there are no more questions? There is a very simple question, and in the exact same way that the Government has posted a Bill for a The Chairman: No. Please proceed. draft and basically gone to the people and said, Will you approve this draft?, can they not do something Hon. Michael H. Dunkley: I would like to move all of else and go to the people and say, Do you approve the clauses, 1 through 4, and move the Preamble. this draft? The Chairman: It has been moved that clauses 1 The Chairman: But, Member, we— through 4 be approved as printed. Are there any objections to that motion? Mr. E. David Burt: I got you. But what I am saying Agreed to. is— [Gavel] Some Hon. Members: I got you! [Motion carried: Clauses 1 through 4 passed.] [Inaudible interjections and laughter] Hon. Michael H. Dunkley: Thank you. I move that the An Hon. Member: I got you, Madam Chairman. Bill— Bermuda House of Assembly Official Hansard Report 11 March 2016 1523

BILL The Chairman: The Preamble. SECOND READING Hon. Michael H. Dunkley: I just—

CONTRACTS (RIGHTS OF THIRD PARTIES) ACT I have to do it separately. The Chairman: 2016

Okay. I move the Pream- Hon. Michael H. Dunkley: Dr. the Hon. E. Grant Gibbons: Thank you, Mr. ble. Speaker. I am pleased this evening to present to this The Chairman: It has been moved that the Preamble Honourable House the Contracts (Rights of Third Par- be approved. ties) Act 2016. This Bill is a product of successful col- Are there any objections to that motion? laboration between the Government and the private No objections. sector, as represented by the legal focus group of the Agreed to. Bermuda Business Development Agency. It is also consistent with the Government’s overall objective of [Gavel] modernising Bermuda’s legislative framework. In par- ticular, this Bill will create a new Act that will govern Hon. Michael H. Dunkley: I move that the Bill be now the creation and enforcement of rights under certain reported to the House as printed. contracts. Mr. Speaker, with certain statutory exceptions, The Chairman: It has been moved that the Bill be Bermuda contracts are governed by the long-standing reported to the House as printed. common-law doctrine of privity of contract, which I will Any objections to that motion? refer to as the “doctrine of privity,” for the sake of con- No objections. venience. The doctrine of privity provides that a con- Agreed to. tract cannot confer legally enforceable rights or im- pose obligations arising under it on any person except [Motion carried: The Referendum (Same-Sex Rela- the parties to it. Accordingly, a person who is not a tionships) Act 2016 was considered by a Committee party to a contract, a third party, has no right to en- of the whole House and passed without amendment.] force the contract or any provision thereof, regardless of the contracting parties’ intent. [Pause] Even if a contract is made for the specific pur- pose of conferring benefits on a third party, under the House resumed at 8:53 pm doctrine of privity, such person has no right to sue to enforce the contractual obligation. [Hon. K. H. Randolph Horton, Speaker, in the Chair] Mr. Speaker, despite widespread application, the doctrine of privity has often been subject to criti- REPORT OF COMMITTEE cism on the basis that it interferes with and frustrates the intention of contracting parties who wish to confer REFERENDUM (SAME-SEX RELATIONSHIPS) ACT legally enforceable benefits on third parties. For ex- 2016 ample, many contracts contain exclusions of liability and indemnities which purport to protect third parties. The Speaker: Yes, Honourable Members. The Sec- Without the ability to legally enforce those terms, ond Reading of the Referendum (Same-Sex Relation- however, third parties may have to depend on the ships) Act 2016 has been approved. ability of the contracting party to whom the obligation We now move to Order No. 8, which is in the is owed, the promisee, to address any injuries sus- name of the Minister of Economic Development. Dr. tained, or they may have to enter into alternative Grant Gibbons, you have the floor. agreements to create privity of contract with the pro- misor of the obligation. Such alternative resolutions Dr. the Hon. E. Grant Gibbons: Thank you, Mr. can add unintended costs to business arrangements. Speaker. Mr. Speaker, for the sake of clarity, enactment Mr. Speaker, I move that the Bill entitled the of the proposed legislation will not abolish the doctrine Contracts (Rights of Third Parties) Act 2016 be now of privity. Instead, this new Bill will create an exception read the second time. to the doctrine of privity, which is in line with the prin- ciple of freedom of contract, giving legal effect to the The Speaker: Are there any objections to that? mutual agreement of the contracting parties to confer Carry on, please. legally enforceable rights upon a third party. To ensure that the clear intent of the contract- ing parties is met, the contracting parties must opt in Bermuda House of Assembly 1524 11 March 2016 Official Hansard Report to the scope of the Bill through expressed language in whether some entities have been created in Bermuda the contract. Specifically, the new legislation would or in a jurisdiction where third-party rights are pro- allow a third party to enforce contractual rights where tected by law. (a) the third party is expressly identified in the contract Mr. Speaker, it is worth noting that jurisdic- by name as a member of a class or as answering a tions such as the United Kingdom, the Cayman Is- particular description; and (b) the contract expressly lands, Singapore, Hong Kong and the Isle of Man provides in writing that the specified third party may have substantially similar legislations to that being enforce the relevant term. proposed in this Bill. Delaware legislation embraces Mr. Speaker, if contracting parties do not wish the concept of providing with third parties with en- to avail themselves of the benefits of this legislation forcement rights while such rights are also recognised and do not opt in, the doctrine of privity will continue to under New York common law. With competitive juris- apply through contractual arrangement. However, dictions having already introduced third party legisla- where this new Bill is invoked to govern rights granted tion, Bermuda is at a distinct disadvantage when try- to a third party, then such third party shall have all the ing to attract international business, specifically, pri- rights and remedies available to enforce relevant con- vate equity structures. tractual terms as if it was a party to the contract. Mr. Speaker, enactment of this proposed leg- Further, the new Bill (a) provides a statutory islation is intended to remove the need to find alterna- mechanism for varying or rescinding contracts to tive solutions to protect the rights of third parties and which the Bill will apply; (b) it makes available to the to provide legal certainty with respect to enforcement promisor in any action brought by a third party, any of those rights. In addition, adoption of the Bill will, defence, set-off or counterclaim that would have been firstly, give the jurisdiction maximum flexibility to meet available if the action had been brought by the pro- the growing demand of the market. Secondly, bring misee; (c) it protects the promisor from double liability Bermuda in line with those jurisdictions that currently to both the third party and the promisee for the same recognise the rights of third parties and third, signifi- obligation; (d) it extends the provision of any arbitra- cantly increase Bermuda’s attractiveness to both local tion agreement between the contracting parties to the and international clients seeking to protect the rights third party; and (e) it enables third parties to assign of third parties. rights conferred under the contract subject to the Mr. Speaker, in closing, I would like to thank terms of the contract. the legal focus group, the Attorney General’s Cham- Mr. Speaker, the proposed Bill reflects the bers, and the business development unit for their hard current international practice of allowing third parties work in completing this important project. to enforce contractual terms in their own right where Thank you, Mr. Speaker. the contracting parties opt in to the regime. A growing trend in private equity transactions is for third parties The Speaker: Thank you very much, Dr. Gibbons. to be provided with indemnities, exculpations and The Chair will now recognise the Honourable other limitations on liabilities under principal agree- Member from constituency 33, MP Jamahl Simmons ments such as limited partnerships, subscription the Shadow Minister for Economic Development. agreements and investment management agree- ments. These third parties include company officers, Mr. Jamahl S. Simmons: Thank you, Mr. Speaker. directors, partners, lawyers, and other parties who Mr. Speaker, we will be supporting this legis- provide services in connection with the transactions. lation. We recognise the need for Bermuda to become Mr. Speaker, we have already taken a number as adaptive as possible when it comes to attracting of steps to grow the asset management industry in new business and growing the asset management Bermuda. This includes the introduction of new industry in Bermuda is a worthy, worthy cause for us classes of funds, changes to the laws governing com- to pursue. panies and partnerships to provide more flexibility in Mr. Speaker, this is, from the research that we the management of Bermuda entities, and modifica- have done, we have seen that this is (as the Minister tions to Bermuda’s regulatory scheme to ensure con- stated) the trend among our competitors. This will al- tinuous access to the European Union markets for low us to be as competitive and to keep up the pace, Bermuda-based fund managers. but also I would like to see us continue to be leaders. This new Bill will provide statutory authority for With those brief remarks, I would like to just the enforcement for some common provisions and add that adding flexibility makes us more attractive. agreements used within the asset management indus- The keeping up with the jurisdictions that are our try. In fact, during recent visits to New York law firms, competitors maintains our attractiveness, and with prime brokers, and asset allocators, the Bermuda rep- that I would like to end my comments and go to resentatives received a clear message that New York Committee, Mr. Speaker. clients want the freedom to provide enforceable rights to third parties in their contractual arrangement. This The Speaker: Thank you very much. Any other Hon- has been one of the key factors in determining ourable Member care to speak? Bermuda House of Assembly Official Hansard Report 11 March 2016 1525

Dr. Gibbons? Clause 3(2) establishes that contracts may be amended to include terms which comply with sec- Dr. the Hon. E. Grant Gibbons: Thank you, Mr. tion 4. Speaker. Clause 3(3) makes it clear that if a contract is I thank the Honourable Member for his com- amended after the Act comes into force to include ments and his support. terms which comply with section 4, a third party may Mr. Speaker, I would ask that the Bill be only enforce a right which accrues on or after the date committed. on which the contract is amended. Clause 3(4) enables a third party to enforce The Speaker: Thank you, Minister. rights conferred by terms in an existing contract which It has been moved that the Bill be committed. prior to the date of commencement of the Act would Any objections to that? have been legally unenforceable in Bermuda. Deputy Speaker, would you please take the Under this section 3(4), if immediately before Chair [of Committee]. the commencement date an existing contract includes terms that satisfy the requirement of section 4, then House in Committee at 9:03 pm those terms shall be deemed to comply with section 4. However, in the case where a third party may only [Mrs. Suzann Roberts-Holshouser, Chairman] enforce rights that accrue on or after the commence- ment date. So the commencement date is critical COMMITTEE ON BILL here. Clause 3(5) defines “existing contract” for CONTRACTS (RIGHTS OF THIRD PARTIES) ACT purposes of section 3 as a contract that was entered 2016 into prior to the commencement date. Clause 4 sets out the specific authority for a The Chairman: Thank you. Members, we are now in third party to have a right to enforce a term of the con- Committee of the whole [House] for further considera- tract. tion of the Bill entitled Contracts (Rights of Third Par- Clause 4(1) states that a third party may en- ties) Act 2016. force a term of the contract in his own right if (a) the I call on the Minister in charge to proceed. third party is expressly identified in this contract either Minister, you have the floor. by name or as a member of a class or as answering a particular description and (b) the contract expressly Dr. the Hon. E. Grant Gibbons: Thank you, Madam states that the third party may enforce the relevant Chairman. term. Madam Chairman, since there seems to be Clause 4(2) makes it clear that a third party’s support for this, I would propose that I simply move all right to enforce a contract term shall be subject to and the clauses. in accordance with any other relevant terms of the contract. The Chairman: Are there any objections? Clause 4(3) authorises the third party to avail There are no objections. Please continue. itself of any remedy that would have been available to him in action for breach of contract if the third party Dr. the Hon. E. Grant Gibbons: I move clauses 1 had also been a party to the contract. through 13. Clause 4(4) clarifies that if a term of the con- tract excludes or limits liability in relation to any matter The Chairman: Please proceed. there under then reference to any third party enforce- ment of this Act shall be construed as references to Dr. the Hon. E. Grant Gibbons: Thank you. the third party availing itself of the exclusion or limita- Madam Chairman, clause 1 provides the Bill tion. which should be cited as the Contracts (Rights of Clause 5, Madam Chairman, which is the Third Parties) Act 2016. variation and rescission of contract. In sections 5(1) Clause 2 is the interpretation. Clause 2 pro- and 5(2), these sections restrict the right of the parties vides definitions to aid in the interpretation of the pro- to a contract to rescind or vary the contract by agree- posed Act. ment without the consent of the third party if the third Clause 3 sets forth the scope of application of party has either communicated ascent or relied on the this legislation and specifically, clause 3(1) states that relevant contract term. this Act shall apply to any contract which, on or after Clause 5(3) enables the restriction in subsec- the commencement date, includes terms which com- tion (1) to be overwritten by express terms in the con- ply with section 4. tract related to consent. Clauses 5(4) and 5(5) set forth the circum- stances under which the court or arbitral tribunal may Bermuda House of Assembly 1526 11 March 2016 Official Hansard Report authorise the variation or rescission of the contract As detailed in clause 9(4) and 9(5), specified without the third party’s consent. contracts for the carriage of goods or letters of credit. Clause 5(6) gives the court or arbitral tribunal Madam Chairman, clause 10 includes sup- the power to impose such condition as it thinks fit. In plementary provisions relating to third parties under any case where relief has been afforded in accor- this Act. dance with subsections (4) or (5). Clause 10(1) preserves any of the rights or Clause 6—Defences. Clause 6 relates to remedies of third parties and in addition to that pro- claims brought by a third party. vided in this Act. Clause 6(1) provides for defences, set-offs, Clause 10(2) clarifies that sections 7 and 10 and counterclaims available in any action for en- of the Limitation Act 1984, apply as the case may be forcement brought by a third party under section 4. to any action brought by a third party in reliance on Specifically, the contracting party (in this case the section 4 of this Act. promisor) may assert by way of defence or set-off the Clause 10(3) specifies the circumstances in following. which a third party may be treated as a party to the Firstly, under clause 6(2) any matter that contract. arises out of or in connection with the contract and is Clause 11—Arbitration Revisions. Clause 11 relevant to the term being enforced and would have enables the third party to be treated as a party to the been available if the action had been brought by the arbitration agreement made by the parties to the con- promisee. tract in cases where either (1) the right to enforce the Under clause 6(3) any matter that is expressly term in accordance with section 4 is subject to an arbi- made available to the promisor in the contract and tration agreement or (2) the term of the contract con- would have been available to the promisor in any ac- ferring the right of enforcement is subject to the arbi- tion by the promisee. tration agreement. Clause 6(4) enables the promisor to assert Clause 12 governs assignment of third party’s any defence, set-off, or counterclaim that would have rights under a contract conferred in accordance with been available if the third party had party to the con- section 4. tract. Clause 12(1) provides the third may assign Clause 6(5) makes the availability of any de- any right which is enforceable by the third party in the fence, set-off, or counterclaim subject to any express same way as a party to the contract. term of the contract to the contrary. Clause 12(2) states that 12(1) does not apply Clause 6(6) restricts a third party’s ability to if the contract expressly provides otherwise or on enforce a contract term if a third party could not have proper construction of the contract those rights are not done so had it been a party to the contract. intended to be assignable. Clause 7 makes it clear that the right of a Finally, Madam Chairman, clause 13 author- promisee to enforce any term of the contract is unaf- ises the Minister to make regulations as are neces- fected by any third party’s right of enforcement under sary to give effect to the provisions of the Act. section 4. Thank you, Madam Chairman. Clause 8 protects the promisor from any im- position of double liability in relation to any claim The Chairman: Thank you, Minister. brought by a third party. If the promisor has already Are there any Members that would like to made a payment to the promisee in relation to the speak to clauses 1 through 13? right enforceable by the third party, then the court There are no Members. shall reduce any award to the third party as appropri- Minister, please proceed. ate to count for the sum recovered by the promisee. Clause 9—Exceptions. Clause 9 sets forth Dr. the Hon. E. Grant Gibbons: Thank you, Madam specific classes of contracts that are exempt from any Chairman. I am moving clauses 1 through 13. right of enforcement conferred in accordance with section 4. Third parties shall have no rights enforce- The Chairman: It has moved that clauses 1 through ment under section 4 in the case of the following con- 13 be approved as printed. tracts. Are there any objections to that motion? Under clause 9(1), any contract on a bill of No objections. exchange, promissory note, or other negotiable in- Agreed to. strument. Under clause 9(2), any company’s memoran- [Gavel] dum of association or by-laws in accordance with sec- tion 16 of the Companies Act 1981. [Motion carried: Clauses 1 through 13 passed.] Under clause 9(3), any contract of employ- ment against an employee. Dr. the Hon. E. Grant Gibbons: Thank you, Madam Chairman, I move the Preamble. Bermuda House of Assembly Official Hansard Report 11 March 2016 1527

many years that we are able to bring a Bill that does The Chairman: It has been moved that the Preamble not raise health insurance premiums. This Govern- be approved. ment is deeply conscious of the hardships for many Are there any objections to that motion? people caused by increases in cost of living, and my No objections. Ministry is doing everything in its power to bring relief Agreed to. to the people of Bermuda. Mr. Speaker, health insurance premiums are [Gavel] one of the factors that affect the consumer price index significantly and bite into the pocketbooks of ordinary Dr. the Hon. E. Grant Gibbons: Madam Chairman, I working people, retirees, and employers. Therefore, move the Bill be reported to the House. we are pleased with green shoots indicating progress which has enabled us to stabilise premiums. This is The Chairman: It has been moved that the Bill be thanks to an appropriate reduction in utilisation and reported to the House as printed. cost restrictions on fees and other factors that drive Are there any objections to that motion? premiums. No objections. Mr. Speaker, the purpose of this Bill is to Agreed to. amend the Health Insurance (Standard Health Bene- fit) Regulations 1971 to add four new benefits under [Gavel] the regulations to enable more efficient use of health care resources, amend the Health Insurance Act [Motion carried: The Contracts (Rights of Third Par- 1970, to clarify the youth subsidy age parameters, and ties) Act 2016 was considered by a Committee of the amend the Health Insurance (Mutual Re-Insurance whole House and passed without amendment.] Fund) (Prescribed Sum) Order 2014 to insure key programmes in Bermuda’s low-cost insurance product House resumed at 9:14 pm continue to be appropriately supported. Mr. Speaker, the Standard Premium Rate [Hon. K. H. Randolph Horton, Speaker, in the Chair] (SPR) will remain at its current rate of $338.07 per month. This is the premium for the basic package of REPORT OF COMMITTEE health insurance called the Standard Health Benefit (SHB). In particular, this House and the public should CONTRACTS (RIGHTS OF THIRD PARTIES) ACT be aware that: 2016 1. all employers must provide this cover for their employees and non-employed spouses; and The Speaker: Members, the second reading of the 2. Government subsidies SHB coverage for chil- Contracts (Rights of Third Parties) Act 2016 has been dren at 100 per cent, for indigent persons at approved. 100 per cent, and for seniors at 70 per cent if We now move to Order No. 9 in the name of aged 65 to 74, and 80 per cent if aged 75 and the Minister of Health, Seniors and the Environment, older. the Health Insurance Amendment Act 2016. The Chair will recognise the Minister. The premium for this minimum package is called the Standard Premium Rate (SPR) and is com- Hon. Jeanne J. Atherden: Mr. Speaker, I move that prised of a Standard Health Benefit (SHB) component the Bill entitled the Health Insurance Amendment Act and a Mutual Re-insurance Fund (MRF) component. 2016 be now read the second time. The SHB covers the cost of benefits under public or private plans and the MRF provides transfers to key The Speaker: Any objections? programmes to support coverage and regulation. Carry on. Mr. Speaker, annually the Bermuda Health Council presents to the Ministry of Health, Seniors BILL and Environment the actuarial review of the SHB and MRF prepared by consultant actuaries Morneau SECOND READING Shepell to recommend the SPR for the upcoming year. The SPR is calculated on the basis of all health insurers claims, experience, projected changes in fees HEALTH INSURANCE AMENDMENT ACT 2016 and utilisation, and any benefit changes. In 2015, the Health Council undertook a re- Hon. Jeanne J. Atherden: Mr. Speaker, it is with view of the coverage under SHB and recommended pleasure that I bring to this Honourable House today benefit changes to incentivise more appropriate use of the Health Insurance Amendment Act 2016. It brings health care resources. These were priced by the me genuine pleasure because it is the first time in Council’s actuaries and are aimed at enhancing the Bermuda House of Assembly 1528 11 March 2016 Official Hansard Report quality of care. The outcome of the reviews resulted in seeded by insurance persons in order to rebalance the SPR remaining at the current rate of $338.07—no the cream, skimming, and adverse selection caused changes from 2015/16. However, there was a shift of by the existing structure of the Health Insurance Act $6.98 from the MRF to the SHB component due to 1970. changes described above such as the SHB compo- This current structure results in most bad risk nent will decrease from $274.33 to $267.35 and the in the health system being borne by my Ministry’s low- MRF component will increase from $63.74 to $70.72. cost public plans (HIP) and FutureCare. The MRF has been structured to provide nec- Standard Health Benefits—SHB Component essary additional funding to absorb a greater propor- tion of the risk associated with high-risk populations. Hon. Jeanne J. Atherden: Mr. Speaker, utilisation of Given the coverage and fee changes the total MRF SHB has decreased given prior years’ benefits revi- transfer will increase by $6.98 from $63.74 to $70.72 sions and BHB modernisation initiatives, improved per insured person per month. As indicated previ- utilisation management, implementation of pro- ously, this is offset by an equal reduction in the SHB grammes focused on chronic diseases, and reduced component so the shift is cost neutral to the Standard population. This has been the most material contribu- Premium Rate. tion to premium stabilisation. In this context, we seek Mr. Speaker, it is important for the transfers to to introduce four new Standard Health Benefits to im- be understood. prove care quality for chronic conditions in order to reduce total health spending through future cost HIP Transfer avoidance. The cost of these four benefits will add $0.98 Hon. Jeanne J. Atherden: The HIP claims experi- to the SBR. They are: ence is severely compromised by the risk it absorbs a) Zio Patch, a de novo implantation of a perma- as the carrier of some high-risk populations. Annual nent cardiac defibrillator for prevention of pri- capital injections support the plan to help keep the mary and secondary sudden cardiac death. HIP premiums affordable for a population whose Effectively this service involves placing a de- health status and consequent claims experience ex- vice on an individual’s chest to constantly re- ceeds the SPR. This House should note that this is cord the heartbeats and diagnose heart condi- particularly so for financial assistance clients whose tions. HIP claims are approximately 400 per cent higher b) Peripheral artery disease programme which is than the other HIP clients. The MRF transfer to HIP the creation of the Centre for Vascular Dis- will be increased from $14.00 to $25.00 per month. ease to diagnose and treat the disease and its The $11.00 increase is offset by other MRF de- complications including amputations. creases. c) High risk foot podiatry programme. This will be a six-month trial clinic operating three or FutureCare Transfer four days per week providing services by a podiatrist neuropathist for medically eligible Hon. Jeanne J. Atherden: The FutureCare claims patients. experience accounts for the risk absorbed by Gov- d) Plasma exchange. Use of a Prismaflex® ma- ernment for the senior population. Annual capital in- chine within the hospital to extract the plasma jections support the plan to keep the FutureCare pre- from the blood and replace it with plasma from miums affordable for a population whose health status a donor or plasma substitute. It is vitally im- and financial ability are often compromised. portant in acute events when proteins may be The patents of need and utilisation in financial attacking organs. assistance clients are also significantly higher. To support these key factors the MRF already transferred Mr. Speaker, this year the only change being to FutureCare of $14.00 which will remain in the up- made to the BHB fees which impact the SPR annually coming year. is the BHB room rates on select wards which will be harmonised into a single rate. There will be no other Health Council Transfer fee increases for BHB this year. This change results in an increase to SPR of $1.50 which is offset by other Hon. Jeanne J. Atherden: Currently, the Council re- changes. ceives $1.00 per insured monthly to help fund opera- tions. To reduce the burden of the Consolidated Fund Subsidy and Mutual Re-Insurance Fund Compo- in anticipation of additional resources needed to im- nents plement health financing reform and regulate health care businesses, the transfer will increase by a mod- Hon. Jeanne J. Atherden: Mr. Speaker, the Mutual est $0.09. Re-Insurance Fund (MRF) requires premiums to be Bermuda House of Assembly Official Hansard Report 11 March 2016 1529

BHB Transfer will be administratively less cumbersome. With re- spect to youths older than 18 engaged in full-time em- Hon. Jeanne J. Atherden: With the opening of the ployment, section 2(1)(e) and (38) of the Act already new acute care wing there was a need for additional provides for resident students aged up to 21 to be eli- support to help fund operations and as a part of BHB gible for youth subsidy coverage. This will continue to sustainability plan. Due to the harmonisation of the be the case. BHB room rates noted above the transfer to BHB will This brings my overview of the Bill to a close, be decreased from $23.64 to $16.40. The $7.24 re- Mr. Speaker. To summarise on the basis of the new duction is offset by other increases reflecting in a new SHB benefits utilisations, reductions, shifts in MRF transfer to the subsidy budget, namely, Subsidy transfers, and harmonising hospital ward rates, the Budgeted Transfer. To support the subsidy pro- actuary recommendation for 2016/17 SPR will remain gramme, in light of costs related to the new Standard stable at $338.07 Health Benefit Services and room harmonisation, a Mr. Speaker, I hereby introduce the Health transfer will be made to the Health Insurance Depart- Insurance Amendment Act 2016 to this Honourable ment. This results in an increase to SPR of $7.53 House on behalf of the Ministry of Health, Seniors and which is offset by other decreases to the SPR which Environment. can remain unchanged. Thank you, Mr. Speaker. Mr. Speaker, all of these changes will be de- tailed in the actuarial review published by the Ber- The Speaker: Thank you, Minister. muda Health Council in the coming months. Honour- Any other Honourable Member care to speak? able colleagues and the public will be aware that all The Chair will recognise the Honourable Member from such actuarial reviews are published annually and are constituency 16, Shadow Minister of Health, Commu- available on their website at www.bhec.bm. nity and Sports, MP Weeks. Mr. Speaker, the detailed changes being You have the floor. made have enabled the Standard Premium Rate to remain stable for the upcoming fiscal year. However, Mr. Michael A. Weeks: Thank you, Mr. Speaker. as the SPR is only a portion of the total premiums Generally, I agree with the changes in the paid by the public, what we also need to see is stabili- amendments to this Bill. I do have one question sation in the full premium amounts. I am encouraged through, Mr. Speaker, and the Minister and I have by the discussions with the CEOs of some private talked, but she can clarify more. health insurance companies indicating positive recep- My only issue, Mr. Speaker, is that in [clause] tion and indeed, as announced earlier this week dur- 5 (a)(i) and (ii) which says that [clause] 5(a)(ii) (xxxix) ing the budget debate, my Ministry is leading by ex- and (xl), it specifically names the BHB as a provider. ample as both HIP and FutureCare premiums will re- What my issue is in naming the BHB specifically as main unchanged this year. the provider it kind of makes that an anti-competition stance. My suggestion, Mr. Speaker, would be can we Youth Subsidy Eligibility change the line from Bermuda Hospital Board in those two paragraphs— Hon. Jeanne J. Atherden: Mr. Speaker, lastly the final change introduced by this Bill pertains to an im- The Speaker: Yes, we can do that. We can do that provement to clarify youth subsidy coverage. The when we go into Committee. question of youth subsidy eligibility arose when in its due diligence licensing health insurers, the Health Mr. Michael A. Weeks: Generally, I do agree—. Council discovered anomalies in MRF payments with respect to youth dependents. This was largely due to The Speaker: When we go into Committee— the Act defining the parameters for youth subsidy eli- gibility as being any resident child under school- Mr. Michael A. Weeks: —with the Bill then. Then we leaving age and any resident person over school- can discuss it. leaving age and under the age of 21 who is a full-time student in Bermuda. It emerged that youth residents in The Speaker: Yes. full-time educational enrolment have not been consis- tently tracked resulting in anomalies in claims reports Mr. Michael A. Weeks: Yes, so generally, there is and premiums. To clarify the legislation, it has been nothing else to report and I agree with it. agreed that the Health Insurance Act 1970 would be amended to set the limit of youth subsidy to age 18 The Speaker: Fine. Thank you. inclusive rather than of persons of school-leaving age. Any other Honourable Member care to speak? This is consistent with the Age of Majority Act. Then, Minister, please— Mr. Speaker, this clarification of youth subsidy parameters will retain existing subsidy coverage and Bermuda House of Assembly 1530 11 March 2016 Official Hansard Report

Hon. Jeanne J. Atherden: Mr. Speaker, I move The Chairman: Thank you. Are there any Members clauses 1 through 3. that would like to speak to clauses 1 through 3? The Chair recognises the Member from con- The Speaker: Honourable Member, you have to stituency 16, Mr. M. A. Weeks. move to commit— You have the floor.

Hon. Jeanne J. Atherden: Sorry, I move that the Bill Mr. Michael A. Weeks: Thank you, Madam Chair- be committed. Sorry, Mr. Speaker. man. I agree with these three amendments, but I am just curious on one thing. The Speaker: Any objections to that? Minister, this does not affect overseas stu- There are none. Deputy Speaker, please take dents who are in university, correct? As it stands now, the Chair [of Committee]. students overseas at university, they are covered to the age of 26. So I am just asking, does this just refer House in Committee at 9:30 pm to local students?

[Mrs. Suzann Roberts-Holshouser, Chairman] The Chairman: Thank you. The Chair recognises the Minister. COMMITTEE ON BILL Hon. Jeanne J. Atherden: The way that the Act was HEALTH INSURANCE AMENDMENT ACT 2016 set up it does not deal with children overseas. The only change was that . . . originally it was just up to The Chairman: Honourable Members, we are now in age 18 and then if you went to school in Bermuda you Committee of whole [House] for further consideration were able to be covered by the Act. If you want other of the Bill entitled Health Insurance Amendment Act types of coverage, then you have to take up additional 2016. insurance. I call on the Minister in charge to proceed. Minister, you have the floor. The Chairman: Thank you. Are there any Members that would like to Hon. Jeanne J. Atherden: Thank you, Madam speak to clauses 1 through 3? Chairman. The Chair recognises the Member from con- Madam Chairman, I move clauses 1 through stituency 16. 3. Mr. Michael A. Weeks: I probably did not say it cor- The Chairman: It has been moved that we move rectly, but most of us . . . we all have had children clauses 1 through 3. overseas. My children who left Bermuda and went to Any objections to that motion? university remained on my insurance until they turned No objections. 26. So what I am asking clearly does this— Please proceed. [Inaudible interjection] Hon. Jeanne J. Atherden: This Bill seeks to amend the Health Insurance Act 1970, the Health Insurance Mr. Michael A. Weeks: The insurance that I had. But (Standard Health Benefit) Regulations 1971, and the now, it may be clear now, Honourable Minister, be- Health Insurance (Mutual Re-Insurance Fund) (Pre- cause I did have an insurance different from GHI prior scribed Sum) Order 2014. to becoming an MP. So I think that probably clears it Madam Chairman, by moving clauses 1 up. As it stands, GHI does not insure a student over- through 3, I am going to deal with the general matters seas after the age of 22. I am just asking for clarity. and new subsidy coverage. Clause 1 is self-explanatory. It cites the name The Chairman: Thank you. The Chair recognises the of the Act. Minister. Clause 2 amends the definition of “child” in section 1(1) the Health Insurance Act 1970 to clarify Hon. Jeanne J. Atherden: I think, Madam Chairman, the age by deleting the reference to “school leaving what I need to clarify is that the Standard Health age” and replacing it with “under the age of 19”. Benefit, which is what we are talking about here, deals Clause 3 amends section 2(1)(e) of the Health with coverage for services which an individual child or Insurance Act 1970, deleting the reference to “over their parents could avail themselves of and with re- school-leaving age and under the age of twenty-one spect to children the benefit was originally up to . . . it years” and substituting a reference to a person who said school-leaving age, and now we have turned has attained the age of 19 but is not yet 21 [sic]. around and said up to 18. Then on top of it there was an exception that was made that if you were in school Bermuda House of Assembly Official Hansard Report 11 March 2016 1531 in Bermuda, you could have the coverage extended to be covered by Standard Health Benefit. The Chairman: Thank you. Are there any Members Now, if parents want to avail themselves of that would like to speak to clauses 4 through 7? additional insurance for their children who are in The Chair recognises the Member from con- school that was something that was taken out with stituency 16. private insurers. That is not under standard health You have the floor. care. Mr. Michael A. Weeks: Thank you, Madam Chair- The Chairman: Thank you. Are there any other man, and I think you were right. I would like to see an Members that would like to speak to clauses 1 amendment, but I will try to convince the Minister. through 3? The only issue I have is in clause 5, Madam There are no other Members. Chairman. In [clause] 5 (I think it is 39; I am not too Minister? sure of my [Latin characters]). Clause 5 [(a)(ii)] (xxxix) it says the extended period ambulatory cardiac rhythm Hon. Jeanne J. Atherden: I move that clauses 1 monitoring device provided by the Bermuda Hospitals through 3 be approved as printed. Board; and in [paragraph] (xl) expanded duplex ultra- sound screening for peripheral artery disease pro- The Chairman: It has been moved that clauses 1 vided by the Bermuda Hospitals Board. through 3 be approved as printed. Having just the Bermuda Hospitals Board to Are there any objections to that motion? me, Madam Chairman, almost locks out any other No objections. competition. I am merely suggesting that the last cou- Agreed to. ple of words be put “provided by any licensed and qualified provider” because otherwise it only seems [Gavel] that only the Bermuda Hospitals Board can provide the services. [Motion carried: Clauses 1 through 3 passed.] I am asking the Honourable Minister if she can consider just changing those few words that it The Chairman: Minister, please proceed. would not seem so anti-competition because as it says here no other business in Bermuda, no other Hon. Jeanne J. Atherden: Madam Chairman, I would health care service in Bermuda can provide these like to now move clauses 4 through 7 which is con- services. I stand to disagree. cerning the MRF and the effective date. The Chairman: Thank you, Member. The Chairman: Member, I do believe that I heard that The Chair recognises the Minister. you might be making an amendment to clause 5. Is that what you are planning to do my moving that? Hon. Jeanne J. Atherden: Madam Chairman, as I Are there any objections to moving clauses 4 indicated initially to the Shadow Minister and I appre- through 7? ciate him raising the question again because he No? Minister, please proceed. wanted to make sure that I heard him and I wanted to make sure that—not just for his benefit but for the Hon. Jeanne J. Atherden: Clause 4 amends section benefit of anybody that is out there—that I clarify this. 3A of the Health Insurance Act 1970 to provide that This year, providers were invited to submit the Minister may prescribe payments to be made from services that they believed would benefit the commu- the Mutual Re-Insurance Fund to the Consolidated nity in terms of either issues that were affecting their Fund to cover subsidy payments under section 2. healthcare or things that they believed could improve Clause 5 amends the Health Insurance (Stan- the health care or the utilisation. The Health Council dard Health Benefit) Regulations 1971 to add four itself actually reviewed some 21 new services and new Standard Health Benefits, and to increase the then they evaluated them on the basis of prioritisation, Mutual Re-Insurance Fund component of the standard things that could have significant effect, what things premium. But the standard premium remains the would affect in terms of cost to the system, and these same. four were recommended. Clause 6 amends the Health Insurance (Mu- Once they are recommended, then they are tual Re-Insurance Fund) (Prescribed Sum) Order actuarially priced. I think the thing that we have to 2014 to increase the amount paid to the Health Insur- make everybody understand is that when we price the ance Fund and the Bermuda Health Council, de- Standard Health Benefit we have to try and gauge crease the amount paid to the Bermuda Hospitals how many people are going to use it and what the Board, and prescribe an amount to be paid to the claims experience will be and the effect on the pre- Consolidated Fund (to cover subsidy payments). mium. So right now these have been priced since the Clause 7 is self-explanatory. other people had the opportunity to render services, Bermuda House of Assembly 1532 11 March 2016 Official Hansard Report the next time we are looking at new services that will Are there any Members that would like to occur. speak to clauses 4 through 7? But during this next year what will happen is The Chair recognises the Minister. that the people who have the ability to provide the services, they will do them and we will be looking at Hon. Jeanne J. Atherden: I think, Madam Chairman, the claims experience, we will be looking at (more im- perhaps I should clarify this. It is not like the Health portantly) the benefits to the population. If for some Council is out there saying, We really need to go out reason there is an indication that perhaps, as I said to and make sure that we want to have as many ser- you, the service should grow, then somebody else can vices, et cetera, as we can have in Bermuda, and turn around and decide whether they would like to therefore they are going out looking for people to say submit another request to have a new service. who is out there and who wants to come up with ser- But the most important thing is that the ser- vices. vices have been evaluated and they are actuarially The Bermuda Health Council is there so that if priced, because the last thing that we would want is to providers see a need in the community and believe put services in place which are going to have a prob- that there is a service deficiency in the community and lem with respect to the numbers of people out there, they believe that they can come into the environment and then you are going to not have the benefit to the and decide to be that provider and they have to dem- patient. onstrate to the Health Council the need, the fact that Right now the Health Council gets to vet them they have the requisite skills, and to show that it is and then we monitor the utilisation, but we make sure something that sufficiently needed in Bermuda to war- that it is priced. rant to adding it to the benefit. We try over time not to add tons and tons of benefits because as you can ap- The Chairman: Thank you, are there any other Mem- preciate the more benefits we add after that just adds bers that would like to speak to clauses 4 through 7? to the premium. So Standard Health Benefit is to try The Chair recognises the Member from con- and keep a core of services that are deemed to be stituency 16. very important to the community. These four new ones were chosen on the ba- Mr. Michael A. Weeks: So for clarity, Madam Chair- sis that they gave some significant benefit and so it is man . . . Madam Minister, are you saying that the not just turning around . . . it is not like the tender Bermuda Health Council canvassed all the medical process. It is the providers coming forward and saying services in Bermuda and, as such, no other medical that and proving to the Health Council that there was service can provide the cardiac rhythm monitoring a need for it and making sure that it should be priori- device or ultrasound screening for peripheral artery tised. It is not just sort of saying that next year we are disease? going to be coming forward to add to it. I kind of feel that that is a big stretch saying I appreciate what you are saying, but on the that only the Bermuda Hospitals Board can perform other side, as I say, it is not one of those where you those services. If we are going to say that we are go- are just going out . . . it is coming from the need in the ing to come back next year and change it . . . because community and these four were prioritised over I know that once the Bermuda Health Council checks some16 others to say that they do benefit and should all the medical offices in Bermuda and see what ser- be added. vices they render, I am sure the Minister and the Ber- muda Health Council will find that not only the Ber- The Chairman: Thank you, Minister. muda Hospitals Board offered these services. In the The Chair recognises the Member from con- interest in fair competition, all I am saying is . . . just stituency 16. change it from Bermuda Hospitals Board to any quali- fied and licensed provider, and if the Bermuda Health Mr. Michael A. Weeks: Thank you, Madam Chair- Council does not find any licensed or qualified pro- man. vider, then obviously nobody else would get the busi- I am going to try and explain this in a different ness. way because I am not suggesting that we add any I stand here to really question whether or not other benefit. I am not suggesting that we add any there are no other licensed or qualified providers that other service. I am simply saying that of these four can perform these services. That is all I am saying. services that we have here, two of the services are Just put that little caveat in there. Whether or not it is almost anti-competition. All I am saying is . . . is the come back here again next year to go through an ex- Minister saying that the Bermuda Health Council has ercise because you will come back and say, Okay, we made it clear that only the Bermuda Hospitals Board have found another licensed and qualified provider. has the current ability to provide the services that are Just put that in there just in case. before us? It is a simple question. Yes or no? If the answer is no, then I am simply saying let The Chairman: Thank you, Member. us change this here and make it for any licensed and Bermuda House of Assembly Official Hansard Report 11 March 2016 1533 qualified provider. I am not asking . . . I must stress, I opinion) that is anti-competition, Madam Chairman. am not asking for any additional standard health That is all I am saying. benefits. I am just saying open it up to competition Before I take my seat, a direct question: Does because competition is healthy. the Minister feel that the Bermuda Hospitals Board are the only ones that provide these services? The Chairman: Thank you, Member. The Chair rec- ognises the Minister. The Chairman: Thank you, Member. The Chair recognises the Minister. [Pause] Hon. Jeanne J. Atherden: I am just looking at the— Hon. Jeanne J. Atherden: I am just looking. I need to clarify something here. The Chairman: Take your time and then put your mi- crophone on please, but take your time. [Pause] Hon. Jeanne J. Atherden: I think the point I need to [Pause] clarify is the fact that the Bermuda Health Council . . . its aim is not to talk about trying to, it is supposed to The Chairman: The Chair recognises the Minister. provide essential services. If you flip it over, the oppo- site side of it is that they are trying to make sure that Hon. Jeanne J. Atherden: Sorry. there is not a glut of services such that the health care To answer future Dr. Weeks’ question, you system is not sustainable. They are not trying to be actually could apply to the service. Let us put it right anti-competitive, but on the other hand they are trying now. The service is in place and BHB is the one that to look what services need to be provided to the can provide it. If over time, in the next year or so, you community and making sure that you do not have too believe that you can render the service, or if you de- many people in a certain area. cide that you might be interested in going into the ser- It is more or less looking at essential services vice, you can apply to be added to the service. as opposed to trying to be going against competition. At that point in time, the Health Council would So they have to look at the fact that a service has have to be looking at the volume and they would have been there. There is a need and in the current time it to be looking at the service needs, because the bot- will continue to establish and examine how much of tom line is to try and turn around and make sure that the need is being managed by the existing person that we make the system sustainable, get enough people has been tasked to provide it at the current time. I in there that can deal with the service requirements. cannot say to you whether at the end of next year they As I said, if in the future you believe that you will come around and say, Hey, with the services that would like to enter that then you can reach out to the are there, there is no need for anything further. I can- Health Council and ask to be added as a provider. At not answer that. The Health Council has to look at that point in time it would all be looked at to see providing essential services and that is what it is all whether you have the expertise to be able to enter about. It is not about trying to be anti-competition. into it and then we would be able to look at what the capacity is in the system. The Chairman: Thank you. Are there any Members that would like to speak to clauses 4 through 7? The Chairman: Thank you. The Chair recognises the Member from con- Are there any other Members that would like stituency 16. to speak to clauses 4 through 7? The Chair recognises the Member from con- Mr. Michael A. Weeks: Thank you, Madam Chair- stituency 16. man. You have the floor. I am going to say it one more time in a differ- ent way. Dr. Weeks has a medical practise and Dr. Mr. Michael A. Weeks: Thank you, Madam Chair- Weeks’ medical practise has the ability to provide an man. ambulatory cardiac rhythm monitoring device. Also I am not going to beat this horse any longer. I say that Dr. Weeks has the ability to use ultrasound am simply saying that as a qualified provider and, screening for peripheral artery disease. As this Bill is again, Dr. Weeks’ business and Ms. Pamplin comes written, Dr. Weeks—in spite of me being licensed and into my business and I have the ability to provide the qualified—will not be able to provide these services. service that she needs. As this stands, I cannot pro- All I am simply saying is, why is it that this is vide that service. She has to go to Bermuda Hospitals only providing these services to be performed by the Board. I see something wrong with that. I have said it Bermuda Hospitals Board when Dr. Weeks also has in a lot of different ways and I do not know how many the ability to provide these services? If I am not al- other ways I can say it, but I see something wrong lowed to provide these services, then simply (in my with that picture. Bermuda House of Assembly 1534 11 March 2016 Official Hansard Report

listing of things which are covered under standard The Chairman: Thank you, Member. health benefits. The Chair recognises the Minister. Other things you can go to your doctor for and that is why you have major medical and all those other Hon. Jeanne J. Atherden: I can only try to say it in things because those services you can go and you different ways in the sense that as it stands right now can have them, and depending on the type of insur- with respect to standard health benefit and what is ance you have, it is covered. But the standard health covered, okay, I think that the point . . . anybody can benefit is a core of services that we believe are essen- provide a service, right? Dr. Weeks you can provide tial and they have been priced on the basis of that the service; but as it stands right now going forward core. Not everything that happens in Bermuda is the BHB, when they provide [the service], that would standard health benefit. be covered under standard health benefits. The rea- son it would be covered under standard health bene- The Chairman: Thank you. Are there any other fits is because it has been actuarially priced. The ac- Members that would like to speak to clauses 4 tuary has been able to anticipate how many people through 7? will need the service and make sure that sufficient The Chair recognises the Member from con- premiums have been collected for the service. stituency 16. If you, Dr. Weeks, decide that you want to provide the service, your patients will have two Mr. Michael A. Weeks: Thank you, Madam Chair- choices. One, they can go to the hospital and be cov- man, and thank you, Madam Minister for that explana- ered under standard health benefit, which means that tion. your patients will get it and it will be covered under But for clarity, I am not asking about every- insurance, or your patients can come to you and they thing that is under the standard health benefit. I was can get the service, but it will not be covered under particularly asking about these particular services. standard health benefits. But they can get the service Does the standard health benefit cover for a private from you. medical doctor [providing] ambulatory cardiac rhythm If after that you believe that there is sufficient and ultrasound screening? That is all I am saying. demand for it, then you can then apply to the Health Council to be added as someone to the service. If the The Chairman: Thank you, Member. system can support it . . . because as I said to you it is The Chair recognises the Minister. the actuarial pricing to make sure that, based on the need, sufficient premiums have been collected. Hon. Jeanne J. Atherden: As I indicated, these four additional services are covered in this way. The am- The Chairman: Thank you. bulatory cardiac rhythm monitoring device is covered Are there any other Members that would like provided it is put in by the Hospitals Board. The du- to speak to clauses 4 through 7? plex ultrasound screening for peripheral artery dis- The Chair recognises the Member from con- ease is covered under standard health benefit pro- stituency 16. vided it is done at the hospital. The therapeutic plasma exchange is provided if it is done at the hospi- Mr. Michael A. Weeks: Thank you, Madam Chair- tal. The podiatry services can be done in any of the man. locations. So for clarity then, the standard health benefit is not a benefit that is provided to all medical practitio- The Chairman: Thank you. Are there any other ners in Bermuda. Members that would like to speak to clauses 4 through 7? The Chairman: To hear the answer to that the Chair The Chair recognises the Member from con- recognises the Minister. stituency 16.

Hon. Jeanne J. Atherden: I think we need to clarify Mr. Michael A. Weeks: Thanks, Madam Chairman. that the standard health benefits are a stack of ser- The standard health benefit indicates that vices that (if you will) we say are all covered under these particular services are only provided by the what we call the standard package. Bermuda Hospitals Board regardless of whether or I will remind you . . . remember, before it used not (if I am understanding it correctly) regardless of to be the standard hospital benefit and if you did not whether or not a private medical practise can provide do anything in the hospital then it was not covered. the service. Who sets the standard health benefit if a We added services outside of the hospital and then it private medical service and a private medical practise became standard health benefit. Not every service have the ability to provide these services? Why is that that everybody goes to the doctor for in Bermuda is not covered under the standard health benefit? covered under standard health benefits. There is a Bermuda House of Assembly Official Hansard Report 11 March 2016 1535

The Chairman: Thank you, Member. The Chair recognises the Minister. [Gavel]

Hon. Jeanne J. Atherden: Okay, as I indicated to you Hon. Jeanne J. Atherden: I would like to move that before, BHB were the ones that came forward and the Bill be reported to the House as printed. presented the benefit. They identified the need and they identified a way in which the need could be met. The Chairman: It has been moved that the Bill be The need and their ability to meet it was vetted by the reported to the House as printed. Council which believed that it should be covered un- Are there any objections to that motion? der the standard health benefit. No objections. As I said to you earlier, if during the year you, Agreed to. Dr. Weeks, come along . . . they have a registration process. The Council has a registration process that [Gavel] vets providers. You as a provider believe that you also could do that, then you can turn around and make [Motion carried: The Health Insurance Amendment representation to have yourself covered and at that Act 2016 was considered by a Committee of the point in time you will be added to the list of individuals whole House and passed without amendment.] who are covered. The most important thing that I should stress [Pause] is added to the list because it is not one of those things where you just want to say that everybody can House resumed at 10:00 pm turn around and say, I am going to go into this tomor- row. It has to have some measure of vetting because [Hon. K. H. Randolph Horton, Speaker, in the Chair] it has to be actuarially priced and you want to make sure that we have enough people in the system to REPORT OF COMMITTEE manage the demands that the system has. HEALTH INSURNACE AMENDMENT ACT 2016 The Chairman: Are there any other Members that would like to speak to clauses 4 through 7? The Speaker: Thank you, Honourable Members. The There are no other Members. second reading of the Health Insurance Amendment Minister? Act 2016 has been approved. We move now to Order No. 10 which is car- Hon. Jeanne J. Atherden: Sorry, Madam Chairman. ried over, Order No. 11 is carried over. Order No. 12 I would like to move that clauses 4 through is carried over. All the Government—carried over? 7— An Hon. Member: Yes. An Hon. Member: Turn your microphone on. The Speaker: Honourable Member Burt? Hon. Jeanne J. Atherden: I would like to move that clauses 4 through 7 be approved as printed. Mr. E. David Burt: Carried over.

The Chairman: Thank you. It has been moved that The Speaker: So all the motions are carried over? clauses 4 through 7 be approved as printed. Then, the Chair will recognise first the Hon- Any objections to that motion? ourable Minister for National Security. No objections. Agreed to. SUSPENSION OF STANDING ORDER 21

[Gavel] Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I move that [Standing Order] 21 [Motion carried: Clauses 7 through 7 passed.] be suspended to enable me to move that the Bill enti- tled Referendum (Same Sex Relationships) Act 2016 Hon. Jeanne J. Atherden: Madam Chairman, I would be now read a third time by its title only. like to move the Preamble. The Speaker: Are there any objections to that? The Chairman: It has been moved that the Preamble Carry on. be approved. Are there any objections to that motion? [Motion carried: Standing Order 21 suspended.] No objections. Agreed to. Bermuda House of Assembly 1536 11 March 2016 Official Hansard Report

BILL The Speaker: Any objections? There are none. Minister? THIRD READING [Motion carried: Standing Order 21 suspended.]

REFERENDUM (SAME SEX RELATIONSHIPS) ACT 2016 BILL

Hon. Michael H. Dunkley: The Referendum (Same THIRD READING Sex Relationships) Act 2016—I move that the Bill do now pass. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2016 The Speaker: Any objections? The Bill is passed. Dr. the Hon. E. Grant Gibbons: Contracts (Rights of Third Parties) Act 2016—I move that the Bill do now [Motion carried: The Referendum (Same Sex Rela- pass. tionships) Act 2016 was read a third time and passed.] The Speaker: Any objections? The Speaker: Minister of Finance? The Bill is passed.

SUSPENSION OF STANDING ORDER 21 [Motion carried: Contracts (Rights of Third Parties) Act 2016 was read a third time and passed.] Hon. E. T. (Bob) Richards: Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to The Speaker: The Chair will recognise the Minister move that the Government Loans Amendment Act for Health and Seniors. 2016 be read a third time by its title only. Hon. Jeanne J. Atherden: And the Environment. The Speaker: Are there any objections to that? Carry on. The Speaker: And the Environment.

[Motion carried: Standing Order 21 suspended.] SUSPENSION OF STANDING ORDER 21

BILL Hon. Jeanne J. Atherden: Mr. Speaker, I move that [Standing Order] 21 be suspended to enable me to THIRD READING move that the Bill entitled The Health Insurance Amendment Act 2016 be now read a third time by its title only. GOVERNMENT LOANS AMENDMENT ACT 2016

Are there any objections? Hon. E. T. (Bob) Richards: Mr. Speaker, I move that The Speaker: the Bill do pass. There are none.

[Motion carried: Standing Order 21 suspended.] The Speaker: Thank you. Any objections? The Bill is passed. BILL [Motion carried: The Government Loans Amendment Act 2016 was read a third time and passed.] THIRD READING

The Speaker: The Chair will recognise the Minister HEALTH INSURANCE AMENDMENT ACT 2016 for Economic Development. Hon. Jeanne J. Atherden: Health Insurance SUSPENSION OF STANDING ORDER 21 Amendment Act 2016—I move that the Bill do now pass. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Speaker. The Speaker: Any objections? Mr. Speaker, I move that [Standing Order] 21 The Bill is passed. Thank you. be suspended to enable me to move that the Bill enti- tled Contracts (Rights of Third Parties) Act 2016 be [Motion carried: Health Insurance Amendment Act now read a third time by its title only. 2016 was read a third time and passed.]

Bermuda House of Assembly Official Hansard Report 11 March 2016 1537

The Speaker: Honourable Premier? hour, Mr. Speaker, simply to say to the Premier and his Government, we have one more day. Today is ADJOURNMENT Friday, we are back on Monday. It gives us a little breathing room over the weekend. The call that I am Hon. Michael H. Dunkley: Thank you, Mr. Speaker. putting out to the Premier and his colleagues, Mr. I move that we now adjourn to Monday, Speaker, is to use this weekend to reflect, to solemnly March 14th. reflect on where we are at this moment. We have a young lady out here who will be here continually, still. The Speaker: The Chair will recognise the Honour- We have the members of the public who are here on able Member from constituency 35, MP Dennis Lister. their feet today who intend to be back here on Mon- day, Mr. Speaker. The control button for that lies in IMMIGRATION REFORM POLICIES the hands of the Government. It lies in the palms of the hands of the Premier. Hon. Dennis P. Lister: Thank you, Mr. Speaker. Mr. Speaker, the call again at this eleventh Mr. Speaker, I do not intend to be on my feet hour is for the Government to go away this weekend, long at this moment—just to take a few moments, for the Premier to walk out of this Chamber this week- though, Mr. Speaker, to bring us through a sort of time end and go home and do some serious self-reflection lapse of when we were here on Monday having that on where the state of the country is. Do we need to historic debate, Mr. Speaker, in regard . . . and I say escalate this or do we need to simmer it down? “historic” because it was the first time in our history of Mr. Speaker, I look at the Premier right now politics in this country that a motion was allowed to be as the air conditioning man. He has the ability to come used in that particular spot in the Order Paper, Mr. in here and to cool this down or to escalate it by not Speaker. So, historic? Yes. But time lapse from Mon- fixing it. He has the ability to turn the heat down or to day to now, Mr. Speaker . . . and I think it is important turn it up. I think that we are at a point, Mr. Speaker, that we do that. where the right thing to do at this time is to turn the Mr. Speaker, since Monday we found our- heat down. So allow time to let this settle, let the tem- selves with a young lady, a mother, Mr. Speaker, who perature to go down so that the people can be at ease has chosen to put her own health at risk because of again, Mr. Speaker. her concern for the issue of where the country is right Clearly, Mr. Speaker, you are like the rest of now in regard to the matter that had us here on that us. You walk around this community. You go to the historic debate on Monday, the matter that has the grocery store. You go to the post office. You go to the country all riled up and expressing their concerns, us- gas station. I am sure that in every one of those ing their powers of civil disorder to express them- places that you go to you are sensing the temperature selves. of where we are and people express to you in a very Today we find ourselves here with thousands strong and forceful manner the concerns that they of people—thousands of people, Mr. Speaker— have, or the time that we are in right now with this gathering on the grounds of this very House to once matter seemingly being steamrolled forward ahead by again express their concerns. During that same time, the Government. Still, in spite of what has transpired Mr. Speaker, we had questions put to the Premier this in the last four days of this week with the young lady morning during Question Period, and the Premier re- risking her life, the public coming to take its stand on peatedly said that he is listening, he is listening, he is these grounds, and already prepared to come back on listening over and over. When the questions were put Monday. to him repeatedly responded to say that he is listen- Mr. Speaker, that can be controlled by the ing, he is understanding what people are saying to Government. That can be controlled, Mr. Speaker, by him, what the voice of the community is saying. the Premier who holds this purely in the palm of his Mr. Speaker, during all of that repeated re- hand. The problem is the next actions that are taken sponse, the question was simply put to him that in are controlled by the Government, controlled by the light of all of that listening that he was doing, will he Premier by making the right choice this weekend or still steam roll ahead and put his Bill through on Mon- being inactive for the weekend and coming back here day? The response from the Premier, Mr. Speaker, at prepared to steamroll forward as he indicated today that time was yes. A clear yes—in spite, Mr. Speaker, when all persons are still on the grounds trying to ex- of a young lady who is risking her health on these very press their concerns to the Premier and saying simply, grounds; in spite of the fact that at that very time, Mr. Can you back off? Can you give time and let time, Mr. Speaker, there are thousands of people standing on Speaker, provide some healing in this situation and these grounds expressing their concerns about the not steamroll ahead? impact that this is going to have on their lives as Ber- That is all the call is at this hour, Mr. Speaker, mudians in their own country. not to continue the long debate that we had on Mon- Mr. Speaker, I do not intend to be long. I do day but, again, to try and use this as the eleventh hour not intend to be long. I am on my feet at this eleventh plea and eleventh hour call out to the Premier and say Bermuda House of Assembly 1538 11 March 2016 Official Hansard Report take the weekend and do a rethink so that Monday we our Bill and let us discuss on the basis of facts rather can see this situation simmer down rather than esca- than sitting up here and debating on the basis of fic- late. tion. So we tabled the Bill. I invited those Members, I Thank you, Mr. Speaker. have invited the Honourable Member Walton Brown, I have invited the Leader of the BIU, the leader of the The Speaker: Thank you, Honourable Member. BPSU, the leader of the People’s Campaign—put for- Any other Honourable Member care to speak? ward what your proposals are. The Chair will recognise the Honourable At- Quite frankly, we feel that the only thing that is torney General. being attempted to be done here is delay for the sake of delay. When we say to them, Look, these are our Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I do proposals. Which ones do you have a problem with? not intend to be long either. I just intend to set the They basically say we do not have a problem with facts right here. these basic ideas. We on this side take a different view, clearly, Walton Brown, I think, the Honourable Mem- from the Members on that side of the House. He said ber, is the only Member who has put forward some that we had a historic motion on Monday—the Hon- sort of proposal, though he has not put any detail to it. ourable Member that spoke before me from constitu- I do not blame him for that. He may not be able to yet ency 35. It was indeed historic, but on this side of the until he has digested the Bill. He is worried about House we view it as misplaced; that it was utterly mis- numbers. That seems to be his concern about num- placed and it was a mistake. bers and he talks about quotas. Having said that, we engaged in that debate, we participated as adults. We did not throw our toys POINT OF ORDER out of the pram. We did not go and incite people to civil disobedience or unlawful actions. We proceeded Mr. E. David Burt: Point of order, Mr. Speaker. in a lawful manner. We abided by the Speaker’s deci- sion and we participated in that debate and set out for The Speaker: Yes, Honourable Member. the umpteenth time the principles upon which this Government is proceeding. Mr. E. David Burt: The Honourable Member is clearly What is happening here—and I think most previewing a debate that the Government says they people appreciate it—is that we are seeing people are going to have on Monday. I think that we should being used for political purposes in a very broad stick to the thing and not foreshadow a debate that is sense. We see . . . and the Honourable Member to come. He is going to specifics of the Bill. spoke of this lady who is on this hunger strike. We urge this lady to stop that. It is not good for her health. Hon. Trevor G. Moniz: I am happy to move away It is serving no good purpose. In our view she is being from that, Mr. Speaker. used as a political pawn for political purposes. We have laid out in very careful detail how The Speaker: Thank you. there are people who want to bring this Government down, who do not want to see it survive its full term, Hon. Trevor G. Moniz: What we are concerned about who want to sabotage the economy. They do not want at this point of time is that there is a concerted and to see the economy turn around. They do not want to misplaced political effort to attempt to derail this Gov- see the success of this Government. They feel it is not ernment. in their interest. Today, as most people may now know, we This is a matter upon which (as I have said) had to go to court—the Attorney General’s Chambers there is agreement—not just on both sides of the representing the Government—to enjoin the president aisle, but there is agreement with the Bermuda Indus- of Bermuda Industrial Union, Mr. Chris Furbert, and trial Union, with the BPSU, with the People’s Cam- also Nicholas Tweed, of the People’s Campaign, and paign. But there needs to be comprehensive immigra- enjoin them from continuing illegal action in breach of tion reform. Further than that, every person with whom section 34 of the Labour Relations Act of inciting peo- I have spoken has agreed that these poor unfortunate ple to withdraw their labour when there is no labour people who are out there stuck with PRCs with no dispute. In other words, when these people (the union way forward to political status deserve their full civil members, et cetera) effectively being called out on a rights, their full human rights. general strike in order to facilitate a political action. They deserve to be awarded status. I have That political action is to attempt to bring not found anyone who disagrees with that and Mem- down this Government. There is a political aim to it, bers on the other side say, We agree. We think these and we simply ask that people not be hoodwinked to people should be granted status. We think there think that this is something to do with immigration. If it should be a provision. We have asked repeatedly let was something to do with immigration, we would see us put our position, let us put our intention, let us table people attending meetings and putting forward con- Bermuda House of Assembly Official Hansard Report 11 March 2016 1539 crete ideas. Instead, what we have people doing is trying to shut down public meetings, which actions were also unlawful. What we see here is unlawful ac- tion piled on top of unlawful action for a purpose which is essentially a political purpose in order to try and bring down this Government and what this Govern- ment will do is to continue on its path to do what is right. Sometimes that path is a very difficult one. But we cannot be dissuaded from that path by threats and intimidation. We saw it earlier in the week when people said, Well, you have 48 hours. The union said you have 24 hours and otherwise we are doing this, that or the other. This Government will not be persuaded by naked threats of intimidation. We advise those Mem- bers on the other side and the other people out there in the community who allied with them to start to obey the law and put forward constructive ideas which we can engage with and move forward. Thank you, Mr. Speaker.

The Speaker: Thank you, Honourable Member. The House is adjourned to Monday the 14th of March.

[Gavel]

[At 10:18 pm, the House stood adjourned until 10:00 am, Monday, 14 March 2016.]

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