Official Hansard Report

2018/2020 SESSION of the

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

3 July 2020 VIRTUAL SITTING Sitting number 51 of the 2018/2020 Session (pages 4237–4408)

Hon. Dennis P. Lister, Jr., JP, MP Speaker

Disclaimer: The electronic version of the Official Hansard Report is for informational purposes only. The printed version remains the official record. Official Hansard Report 3 July 2020 4327

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT VIRTUAL SITTING 3 JULY 2020 10:03 AM Sitting Number 51 of the 2018/2020 Session

[Hon. Dennis P. Lister, Jr., Speaker, in the Chair] PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE The Speaker: Good morning, Members. Welcome. We will now have the prayer to The Speaker: We have a number of papers and start us off this morning. Thank you Mr. Allen for an- communications this morning. The first is from the nouncing and getting us started. Minister of Health . . . the first three, in fact. Ms. Beale, would you like to do the prayer? Minister of Health, would you like to present your papers? PRAYERS PUBLIC HEALTH (COVID-19) [Prayers read by Mrs. Kara A. Beale, Assistant Clerk] EMERGENCY ORDER 2020

CONFIRMATION OF MINUTES PUBLIC HEALTH (COVID-19 [Minutes of 19 June 2020] EMERGENCY POWERS) REGULATIONS 2020

The Speaker: Good morning, Members. Welcome to PUBLIC HEALTH (COVID-19) today’s sitting. EMERGENCY EXTENSION ORDER 2020 The Minutes from the sitting of the 19th of June have been circulated. Are there any omissions, Hon. Kim N. Wilson: Yes, thank you. Good morning, corrections which are required? Mr. Speaker. There are none. Mr. Speaker, I have the honour to attach and The Minutes are confirmed as printed. submit for the information of the Honourable House of Assembly the Public Health (COVID-19) Emergency [Minutes of 19 June 2020 confirmed] Order 2020, as made by the Minister of Health under section 107A of the Public Health Act 1949. MESSAGES FROM THE GOVERNOR I have the honour to attach and submit for the information of the Honourable House of Assembly the The Speaker: There are none. Public Health (COVID-19 Emergency Powers) Regu- lations 2020, as made by the Minister of Health under ANNOUNCEMENTS BY THE SPEAKER section 107A of the Public Health Act 1949. OR MEMBER PRESIDING And finally, Mr. Speaker, I have the honour to attach and submit for the information of the Honoura- ble House of Assembly the Public Health (COVID-19) OMBUDSMAN FOR BERMUDA Emergency Extension Order 2020, made by the Minis- ANNUAL REPORT 2019 ter of Health under section 107A of the Public Health Act 1949. The Speaker: I have the honour to announce that I Thank you. have received the Ombudsman of Bermuda’s Annual Report for 2019. This report has been submitted in The Speaker: Thank you, Minister. compliance with section 24(1) and (3) of the Om- The next paper this morning is in the name of budsman Act 2004. the Deputy Premier. And it will be circulated for all Members. Deputy Premier, would you like to present your paper? MESSAGES FROM THE SENATE Hon. Walter H. Roban: Yes, Mr. Speaker. The Speaker: There are no messages from the Sen- ate. The Speaker: Yes. Good morning.

Bermuda House of Assembly 4328 3 July 2020 Official Hansard Report

RIDDELL’S BAY (WARWICK PARISH) SPECIAL STATEMENTS BY MINISTERS DEVELOPMENT ORDER 2020 AND JUNIOR MINISTERS

Mr. Speaker, I have the hon- Hon. Walter H. Roban: The Speaker: The first Statement this morning is that our to attach and submit for the consideration of the of the Deputy Premier. Honourable House of Assembly the Riddell’s Bay Deputy, would you like to present your State- (Warwick Parish) Special Development Order 2020, ment? proposed to be made by the Minister of Home Affairs, the Minister responsible for planning, in exercise of Hon. Walter H. Roban: Yes, Mr. Speaker. the power conferred by section 15(2)(a) of the Devel- opment and Planning Act 1974. The Speaker: Continue. Thank you, Mr. Speaker.

RIDDELL’S BAY (WARWICK PARISH) SPECIAL Thank you, Deputy. The Speaker: DEVELOPMENT ORDER 2020 The next paper this morning is in the name of the Minister of Finance. Hon. Walter H. Roban: Thank you, Mr. Speaker, and Minister, would you like to present your paper good morning to Honourable Members. this morning? Mr. Speaker, earlier today I laid before the House the Special Development Order titled the Rid- Hon. Curtis L. Dickinson: Yes. Good morning, Mr. dell’s Bay (Warwick Parish) Special Development Or- Speaker. der 2020 (SDO). This SDO comes at a time when the Island is reeling from the unprecedented economic The Speaker: Good morning. downturn due to COVID-19. Mr. Speaker, in accordance with Section 15 of PUBLIC TREASURY the Development and Planning Act 1974, the Order (ADMINISTRATION AND PAYMENTS) will grant subdivision approval for the purposes of res- (TEMPORARY UNEMPLOYMENT BENEFIT) idential development and also to create new conser- AMENDMENT (NO. 2) REGULATIONS 2020 vation lands. Specifically, a total of 18 vacant lots will be approved, each to be developed with a detached CUSTOMS DUTY house; and additionally, two significantly sized vacant (BERMUDA TOURISM AUTHORITY) REMISSION conservation lots will be approved to be comprehen- AMENDMENT ORDER 2020 sively planted and restored, which will provide a number of environmental and public benefits. Such bene- CUSTOMS TARIFF (APPROVED fits are to include the re-establishment of diverse na- ORGANISATION) AMENDMENT NOTICE 2020 tive and endemic ecosystems, as well as opportunities for passive recreational use. Hon. Curtis L. Dickinson: Mr. Speaker, I have the Mr. Speaker, I am acutely aware of the devel- honour to attach and submit for the information of the oper’s enthusiasm to proceed with this project. And to Honourable House of Assembly the following Regula- this end, I am pleased to confirm that remediation and tions: Public Treasury (Administration and Payments) initial planting works have already begun on the site (Temporary Unemployment Benefit) Amendment (No. for the conservation areas. 2) Regulations 2020— Mr. Speaker, the preparation of this Order was preceded by the subdivision application process The Speaker: Yes. Do all three of them, Minister. by the Department of Planning. This project has un- dergone exhaustive environmental analysis and scru- Hon. Curtis L. Dickinson: The Customs Duty (Ber- tiny. The application submission included an Environ- muda Tourism Authority) Remission Amendment Or- mental Impact Statement and Conservation Manage- der 2020; and the Customs Tariff (Approved Organi- ment Plan. By virtue of the statutory objection process sation) Amendment Notice 2020. defined in the Development and Planning Act 1974, Thank you, Mr. Speaker. this application was afforded public scrutiny. The submission details were comprehensively reviewed by The Speaker: Thank you, Minister. technical officers of the Departments of Planning and Environment & Natural Resources, as well as non- PETITIONS government organisations and members of the community. The Speaker: There are no petitions this morning. Mr. Speaker, to specify the details of the scheme, the developer proposes to convert approxi- mately 25 per cent (or 23 acres) of the total acreage of Riddell’s Bay to residential lots, while at the same Bermuda House of Assembly Official Hansard Report 3 July 2020 4329

time converting the remaining 75 per cent of the total Hon. Diallo V. S. Rabain: Yes. Can you hear me, Mr. acreage, 64 acres, to publicly accessible conservation Speaker? areas. Mr. Speaker, the addition of 64 acres of conservation land is a significant contributing element of The Speaker: Yes. We can hear you. Yes. the scheme. The two conservation lots are split into four categories including nature reserve, open space, Hon. Diallo V. S. Rabain: I am having some technical recreation and woodland. Notably, the overall size of difficulties as well. this conservation area exceeds the size of the majority of government nature reserves and/or national parks The Speaker: Okay. We can hear you. And we can on the Island. see . . . or, we do not see you in the camera, but we Mr. Speaker, the creation of such conserva- hear you. tion lands will be achieved by way of conditions appended to the Order requiring the implementation of a Hon. Diallo V. S. Rabain: Right. I am trying to turn conservation management plan, a plan which details the camera around. I just cannot figure out how to do the necessary restorative works and planting works, that right now. together with the financial plan for delivery and subsequent maintenance thereof. The Speaker: Okay. Mr. Speaker, against the backdrop of the current challenges being faced by our community, I am [Laughter] certainly proud to introduce such a scheme that represents a significant ecological and social gain for the Hon. Diallo V. S. Rabain: It is showing through the Island. Further, this is one of the largest single luxury back. But I can continue with my Statement. developments proposed in some time. It has undoubtedly tremendous potential to inject an estimated $75 The Speaker: Okay. Continue with your Statement, million capital investment into the economy; provide a and we will work with you until you get it solved. much-needed stimulus to various business sectors including construction and landscaping, real estate SOCIAL STUDIES CURRICULUM IN PUBLIC and other retail and service industries; and most im- SCHOOLS—BERMUDA AND GLOBAL STUDIES portantly, provide jobs for Bermudians. Mr. Speaker, I would like to take the oppor- Hon. Diallo V. S. Rabain: Okay. Mr. Speaker, every tunity at this time to thank the developers for under- so often there is a cry from members of our communi- taking such a significant venture to create a luxury ty for the introduction of Black Studies or African Stud- development while creating valuable conservation ies in our schools. It comes as no surprise that, with land for the benefit of the community. We applaud the the recent protests at home and abroad over ongoing developers for continuing to believe in Bermuda as a racial injustices, this perennial cry has resurfaced. In sound and promising jurisdiction in which to invest. response, Mr. Speaker, this morning I rise to share Thank you, Mr. Speaker. with my honourable colleagues detailed information about the Bermuda and Global Studies strand of the The Speaker: Thank you, Minister. social studies curriculum that is currently taught in our The next Statement this morning is that of the public schools at the primary, middle and senior Minister of Works. school levels. Minister Burch, would you like to present your Mr. Speaker, we are all aware that the majori- Statement this morning? ty of Bermuda’s population is of African descent, and it cannot be denied that the journey and struggle of [Pause] Black Bermudians has defined significant aspects [of this Island’s history.] It is therefore appropriate that I The Speaker: Minister Burch, are you with us today? provide my honourable colleagues and the country with information pertaining to the social studies curric- [No audible response] ulum in our public schools, and particularly the strand which focuses on Bermuda and Global Studies. Let The Speaker: Minister Burch seems to be having me emphasize that the work carried out by the De- technical difficulty. Can we move on and come back to partment of Education, inclusive of curriculum, is Minister Burch? guided by Plan 2022, the strategic plan for public Minister Burch? school education. This is the pathway the department Okay. We will move on and come back. has been on since January 2018, and will continue on Minister of Education, would you like to pre- until we achieve an education system that is trans- sent your Statement at this time? formative for all students. Mr. Speaker, our technical officers have this year focused their efforts on ensuring that the social Bermuda House of Assembly 4330 3 July 2020 Official Hansard Report

studies curriculum is grounded in a Bermudian con- Group, Dr. E. F. Gordon, Dr. Barbara Ball, Dame Lois text. Officers have revised and [enhanced] the Prima- Browne-Evans and Sir John Swan, and their socio- ry 1 curriculum with resources, activities, formative political impact. They also learn about the Tucker’s assessments and outside learning (i.e., field trips) for Town dispute and the socio-political and economic all primary years, P1 through P6. As the curriculum impact of the displacement of the Black Bermudian changes focus with each year level, teachers at the community. The social studies teaching resources primary level can centre Bermuda’s Black culture and explore the racialised climate of Bermuda in the 1960s history, or use African cultural references in the class- and 1970s, and the parallel experiences of African room. Americans who form part of the African Diaspora. Mr. Speaker, for children in Primary 1 through Mr. Speaker, at the middle school level the 3, the emphasis is on learning about who they are curriculum shifts from the local studies to global stud- both individually and collectively. At Primary 1, the ies. Featuring the Caribbean and ancient African family unit is central to the learning experience, and kingdoms, the curriculum during the past school year Afro–Caribbean and African references can be used has seen the addition of Mansa Musa, who predated to examine the family. At Primary 2, children are ex- the Transatlantic slave period, and the introduction of posed to their cultural origins, which include but are the African Diaspora Heritage Trail. At the senior not exclusively African and Caribbean. Young learners school level there is considerable flexibility on what is are exposed to food, music, cultural expressions and taught, but Bermuda Studies is mandatory, with Pre- economic activities of our various identities. Bermu- serving Our Heritage and Introduction to Africa cours- da’s cultures and traditions—that is, our holidays, cel- es offered as electives. The latter course provides a ebratory activities, as well as national and cultural window for our senior students to see African history symbols—are taught in Primary 3. outside of the Middle Passage experience. Mr. Speaker, specifically, Black history is con- Mr. Speaker, earlier I mentioned community nected to Cup Match, the tradition of Emancipation partnerships. These partnerships have supported activities and the Gombey, a Black Bermudian cultural teaching and learning with the development of new symbol that finds its origins in Africa, and, having resources and materials, helped to enhance the social passed through the Caribbean, now has its own dis- studies curriculum and supported professional devel- tinctive Bermudian appeal. Bermuda’s history contin- opment. The Bermuda National Trust, for example, ues at the upper school level with the teaching of ge- produced an interactive history book on Black history ography, economics and civics taking centre stage. and worked with the Department of Education to de- Children learn about the Island’s discovery in the con- liver remote learning to over 350 primary school stu- text of the Age of Exploration and our journey through dents on topics such as “From Shipwreck to Settler” various global historical milestones, as well as the and “From Slavery to Emancipation.” Our partnership global connection to Bermuda’s economic activities. with the Bermuda National Museum resulted in the Bermuda’s Black history is interwoven throughout creation of the Transatlantic Slave Trade e-book for these historical narratives. Middle Level 2 teachers and students, the Develop- Mr. Speaker, our technical officers are contin- ment of a Tourism e-book for Primary 6 teachers and uously reviewing the teaching resources and engag- students, and final editing of the Prudence Rebels ing in community partnerships around Bermuda’s his- Teacher Resource Guide. tory. This year, Primary 4 students learned of the mi- Mr. Speaker, we have several Bermudian pro- gratory experiences of Black Bermudians and how fessionals who have been a tremendous support to slavery developed in Bermuda during the 1600s. Pri- the Department of Education in providing professional mary 5 students deepened their knowledge of Bermu- development for teachers who deliver the social stud- da’s slave history, as well as the emancipation move- ies curriculum to our students. Thus, in closing, Mr. ment through Bermuda’s own Mary Prince, who was Speaker, I would like to acknowledge the professional pivotal to the anti-slavery moment and abolition of services of Ms. Melodye Van Putten, who delivered slavery in the British Empire. Students learned about the Ashay Professional Development series for middle Sally Bassett, an icon in the slave revolt narrative; school teachers. Also, the Department’s Education they also learned about the role Friendly Societies Officer, Dr. Radell Tankard, made a presentation on played in advocating for and supporting newly eman- Mansa Musa, while Mr. Glenn Fubler of Imagine Ber- cipated Blacks. Icons such as Wesley L. Tucker and muda delivered a Transformative Leadership Work- Roosevelt Brown are also introduced to students at shop. Additionally, our middle school teachers further this level. developed and enhanced their Bermudian Black histo- Mr. Speaker, the social studies curriculum ry knowledge base with participation in bus tours or- also includes Bermuda’s history of racial segregation, ganised by Titan Express, highlighting the history of unfair work practices, the nature of racial injustices, Black female slaves Sally Bassett and Mary Prince. the struggle for reform and those personalities who Mr. Speaker, both Bermuda and Global Stud- led this struggle. Hence, in Primary 6 students learn of ies have been incorporated into the social studies cur- personalities and activists such as the Progressive riculum for our public schools. Our children are receiv- Bermuda House of Assembly Official Hansard Report 3 July 2020 4331

ing the history and culture of Black Bermudians and resource, finance and engineering section to ensure our African ancestry. We will continue to review, re- the effective operation of the capital city. While on the vise and enhance the curriculum so that our students other hand, you have the Corporation of St. George have rich, relevant, rigorous and authentic learning that has just under 20 staff in total, with these staff experiences grounded in their history and their herit- serving in many capacities (willingly, I might add) all in age. an effort to ensure the Town of St. George’s functions Thank you, Mr. Speaker. daily, albeit at a much slower pace. Mr. Speaker, we are well aware of the con- The Speaker: Thank you, Minister. struction of the new St. Regis Hotel in St. George’s. Minister Burch, would you like to do your Hotelco Bermuda has remained true to its commit- Statement now? ment to bring to Bermuda the first new hotel in over 30 years. Concurrent with that activity is the upgrade Lt. Col. Hon. David A. Burch: Yes, Mr. Speaker, if works ongoing at the St. George’s Club, which, similar you can hear me. to the St. Regis project, is scheduled to come online in April of 2021. The Speaker: Yes. We can hear you. We can hear Mr. Speaker, everyone in Bermuda likes to you and see you, so you are in order with what needs travel. So now that the airport is officially reopened, I to be done this morning. am certain residents will be looking for the first thing smoking to get them off the rock. The expectation of INTRODUCTION TO THE MUNICIPALITIES landing at their desired travel destination brings with it the ability to have access to comfortable accommoda- Lt. Col. Hon. David A. Burch: Okay, great. Thank tions, good shopping, dining options, souvenir stores, you, Mr. Speaker. to local entertainment. So if we can expect a certain On June 5th, I assumed responsibility for both level of service offerings while traveling, surely we municipalities, the Corporation of Hamilton and the must provide the same for our visitors. Corporation of St. George. My usual approach in Mr. Speaker, I have never been one to mince these situations to any new department, quango and my words, so I took the liberty of reminding the team now municipalities, once under my remit, is to do a of the Corporation of St. George that they must “up meet-and-greet with the leadership shortly thereafter. their game” and be ready for when the visitors de- Notwithstanding, as the Government was navigating scend on their town in 10 months. No longer does an- its way through the phases of the COVID-19 pandem- yone want to hear, St. George’s used to be this or ic, I did not have that luxury on that occasion. Howev- used to be that. I challenged the team to get with the er, as soon as we were able, the Permanent Secre- programme, as none of us want visitors landing on our tary and I carved out time to meet with the mayors beautiful Island only to complain that St. George’s was and their secretaries/chief operating officers. Those a “sleepy ole town” with nothing to do. That would not meetings occurred on the 17th and 18th of June, re- be fair to the investment made by the developers in spectively. the East, and it would not bode well for Bermuda’s Mr. Speaker, the meetings were fruitful and reputation as a vibrant tourism destination. provided the respective mayors the opportunity to Mr. Speaker, I was equally disappointed to share with us a few of their objectives for the next learn that there are over 55 shops in St. George’s with year, as well as provide a snapshot of any outstanding less than 10 of them open on a good day. I also matters which we could assist with. For both munici- heard, whether anecdotally or factual, that if you are palities, I committed to advancing a number of Ex- not from St. George’s, it is an uphill battle for an out- change of Land Agreements between them and pri- sider trying to make a go with their business. I met this vate landowners for the purpose of enhancing public week with the area MPs, Mr. Kim Swan, JP MP, and sidewalk access, as in the case of the Corporation of Mrs. Renee Ming, JP MP, who have both pledged Hamilton, to swapping a parcel of land for a nominal their commitment to working with the Ministry and the fee for the Corporation of St. George, which logistical- Corporation to make the Town of St. George’s the ly made sense. Both mayors were advised these vibrant place it can be. I reiterated to the area MPs the agreements were passed by the Cabinet this past same message of that to the Corporation of St. Tuesday, and it is my intention to advance these George, and that was, we have to bring some life agreements to this Honourable House before we pro- back to the town, which could include the once- rogue for the summer. popular historic tours of the town, re-enactments, to Mr. Speaker, I had no preconceived thoughts the use of any other assets. heading into these meetings. So for me this was You have to forgive me, Mr. Speaker, but I am somewhat of an educational exercise, and I soon not from St. George’s. So my recommendations were learned that these two municipalities are quite differ- somewhat general in nature. But on that same note, ent. On the one hand you have the Corporation of the East Enders have to be creative, as the modern Hamilton that has quite a large facility, with a human traveller is looking for an experience that they cannot Bermuda House of Assembly 4332 3 July 2020 Official Hansard Report

find elsewhere. So this has to be an “all hands on Mr. Speaker, this visit also supported my deck” approach, as April 2021 will be here sooner thought process in that truly there could be some form than we think. I have invited the Corporation of St. of consolidation to achieve economies of scale and George to collaborate with the departments in the reduce expenditure. However, what this consolidation Ministry of Public Works, especially the quangos, for looks like has yet to be determined, but this visit did advice, resources and support. A good example of provide me food for thought. reviving a product is what has been done by the West So, Mr. Speaker, I will close with this. Not End Development Corporation at the opposite end of everyone likes change. Not everyone understands the Island. I will not go into detail, as we know that change or why it is necessary. But what I will say is product speaks for itself. this: This administration will effect change by doing Mr. Speaker, I am convinced that the people what we believe is best for the people of this country, of St. George’s can rise to the occasion and make despite the backseat drivers telling us where they their town the vibrant but still historic metropolis that think we should go. In the case of both corporations, we all know it can be. This Government stands ready the discussions were frank and honest in both direc- to work with them to make that happen. tions. But we all agreed to work collaboratively for the Mr. Speaker, as for the Corporation of Hamil- benefit of our joint constituents, the people of Bermu- ton, therein lies the elephant in the room, that being da. Thank you, Mr. Speaker. the municipality reform legislation that was tabled in this House last year. It is no secret that it was the in- The Speaker: Thank you, Minister. tention of the then Minister who had responsibility for The final Statement this morning is in the municipalities to bring this legislation back to the name of the Minister of Labour. House after the summer break. He was carrying out a Minister Hayward, would you like to present Government initiative, and I can see no reason why I your Statement? would change course now that I have assumed this responsibility. Hon. Jason Hayward: Good morning, Mr. Speaker. Mr. Speaker, on an island as small as ours, I simply cannot understand why there are three sepa- The Speaker: Good morning, Minister. rate “governments.” In the case of the Corporation of Hamilton we have to consider economies of scale, MINISTRY OF LABOUR TO HOST NATIONAL more so in this post-COVID environment. You have TRIPARTITE SOCIAL DIALOGUE the government on the one hand collecting garbage, providing engineering services, and managing waste Hon. Jason Hayward: Thank you. and sewerage, while the Corporation of Hamilton pro- Today I am pleased to announce that the Min- vides the exact same services, only delineated by the istry of Labour will hold its first National Tripartite So- invisible line in the sand. This is but one example of cial Dialogue Meeting [“the Dialogue”] to focus on the duplication of effort, and we must have the serious hotel industry on Friday, the 10th of July 2020. conversation, as the Island is only 21 miles long and, Mr. Speaker, the overall objective of the meet- in most jurisdictions, the municipality has a larger ing is to help ensure greater cooperation among the footprint. tripartite partners and build consensus on the way Mr. Speaker, I realise that many have their forward for the hotel industry. The Dialogue will bring views on this. But what I can say is that the former together representatives from employees, employers administration had a similar view; however, this ad- and the Government to discuss policies, laws and ministration is not afraid to take this on—hence, the other matters that affect the hotel industry in light of tabling of the legislation. the COVID-19 pandemic and the impact it has had on Mr. Speaker, yesterday the Permanent Secre- Bermuda. tary and I had the privilege of being accompanied by Mr. Speaker, the more detailed meeting ob- one of our outstanding summer students, Mr. Dimitrius jectives involve having constructive dialogue and pro- Richardson, on a site visit to the Corporation of [Ham- posed solutions to ilton’s [INAUDIBLE]. Also accompanying me was the 1. gain common understanding of the issues and Mayor of Hamilton, Mr. Charles Gosling; the Chief challenges facing the hotel industry in Bermu- Operating Officer, Mr. Dwayne Caines; and the City da; Engineer, Mr. Patrick Cooper. This visit included a 2. identify collective “quick wins”; tour of the various areas from the maintenance and 3. identify actions needed to enable hotels to re- stores facilities, the sign painting shop, the electrical open; and carpentry shops, to the human resource area. It 4. identify ways to increase the number of Ber- was also evident that the corporation has taken to mudians employed in the industry over the heart the Government’s COVID-19 policies, as ade- long run; quate signage, sanitisation stations, social distancing and mask protocols were being followed. Bermuda House of Assembly Official Hansard Report 3 July 2020 4333

5. enhance training and development opportuni- first question this morning has been carried over until ties for Bermudians to prepare for initial entry next sitting. and re-entry into the hotel industry; 6. identify how job security can be increased for QUESTIONS: BERMUDA industry participants; and INFRASTRUCTURE FUND 7. articulate factors needed to ensure the growth [Deferred] of the hotel industry, long term. Some of the topics that may be discussed Hon. Michael H. Dunkley: Will the Honoura- include the following: ble Minister please inform the Honourable • Current and Future State of the Hotel Industry House of the individual projects and associat- Post-COVID-19; ed investments the Government has initiated • Collective Bargaining Agreements; using the Bermuda Infrastructure Fund, since • Redundancy and Layoffs; its establishment in 2017? • Work Permit Issues; • Repatriation of Workers; Hon. Michael H. Dunkley: Will the Honoura- • Hotel Redevelopment Matters; ble Minister please inform the Honourable • Unemployment Benefit; and House of the total number of jobs thus far created by investments, undertaken in Ber- • Training & Development Programmes. muda by the Government through use of the Mr. Speaker, National Tripartite Social Dia- Fund’s assets? logues bring together Government, workers and employers to discuss public policies, laws and other de- Hon. Michael H. Dunkley: Will the Honoura- cision-making that affect the social partners. A tripar- ble Minister please provide this Honourable tite consultation can ensure greater cooperation House with the details of the fees and ex- among the tripartite partners and build consensus on penses the Government has paid in relation to the way forward for the hotel industry. The Tripartite the Fund since its inception, itemizing the fees Social Dialogue methodology includes (1) preparation; and their related expenses? (2) discussion of the issues; (3) clarification of goals;

(4) negotiation of agreements; and (5) implementation The Speaker: So we will move on to the second of agreed actions. question. And that second question is to Minister In light of the COVID-19 global pandemic, Hayward from MP Richards. And the time now is Bermuda’s economy has been significantly disrupted, 10:38. And you know we have 60 minutes for the en- leading the hotel industry to sustain substantial loss- tire Question Period. es. With the gradual re-opening of the country, it is Mr. Richards, would you like to put your ques- critical that urgent actions are taken. tion? Mr. Speaker, the meeting will be held on Fri- th day, the 10 of July 2020 from 9:30, with representa- Yes, Mr. Speaker. tion from the following meeting attendees: Mr. Sylvan D. Richards, Jr.: Thank you. 1. the hotel employers of Bermuda;

2. the Bermuda Hotel Association; Continue, MP. 3. the Bermuda Industrial Union; The Speaker:

4. the Ministry of Labour; and 5. the Ministry of Tourism & Transport. QUESTION 1: WORK Thank you, Mr. Speaker. PERMIT RENEWALS DENIED

Mr. Sylvan D. Richards, Jr.: Good morning. The Speaker: Thank you, Minister Hayward. The first question is this: In order to gauge That brings us to an end of the Statements for Bermuda’s workforce requirements, will the Honoura- this morning. ble Minister please advise this Honourable House of We now move on. the number of work permit renewals applied for but

subsequently denied since the inception date of the REPORTS OF COMMITTEES first curfew imposed in relation to COVID-19?

The Speaker: There are no reports this morning. The Speaker: Thank you, MP. Minister. QUESTION PERIOD Hon. Jason Hayward: Mr. Speaker, the total number The Speaker: There are two written questions this of work permit renewals applied for but subsequently morning, both requiring oral response. However, the denied was 159.

Bermuda House of Assembly 4334 3 July 2020 Official Hansard Report

The Speaker: Thank you. • food and beverage server—26; A supplementary? • food and beverage waiter—one; • French/Spanish head of foreign language— Mr. Sylvan D. Richards, Jr.: No supplementary at one; this time, Mr. Speaker. • general assistant, dining room—one; • group and local sales AVP—one; The Speaker: Would you like to ask your second • hair stylist—four; question? • hair stylist neo-technician—one;

• housekeeper/cleaner—eight; Mr. Sylvan D. Richards, Jr.: Yes. • IT services manager—one;

• landscape foreman—two; The Speaker: Continue. • landscape gardener—nine; QUESTION 2: WORK PERMIT RENEWALS DENIED • landscape gardener/mason—one; • landscape/hardscape gardener—two; Mr. Sylvan D. Richards, Jr.: Will the Honourable • legal secretary—one; Minister advise this Honourable House of the specific • live-out caregiver—one; job categories and the number of work permit renew- • live-out caregiver/housekeeper—one; als applied for but subsequently denied in each cate- • manager—one; gory since the inception date of the first curfew im- • mason—three; posed in relation to COVID-19? • mechanic—one; • paralegal—one; The Speaker: Minister. • pastry chef—one; • personal trainer, yoga—one; Hon. Jason Hayward: Mr. Speaker, the specific job • prep chef—one; categories and the number of work permit renewals • qualified accountant—one; denied are as follows: • restaurant manager—two; • administrative support team leader—one; • retail operations manager—one; • assistant manager—seven; • silver service/food and beverage/waiter per- • assistant restaurant manager—one; son—three; • assistant store manager—one; • massage therapist—two; • assistant supermarket manager—three; • superior landscape gardener—one; • associate—one; • switch manager—one; • baker—two; • technology sales specialist—one; • driver—one; • waiter/waitress—14. • supply and restaurant manager—one; • beauty therapist––one; The Speaker: Is that it, Minister? Thank you. • butcher—one; Supplementary, MP Richards? • caregiver—one; • carpenter—one; Mr. Sylvan D. Richards, Jr.: No supplementaries at • chef—one; this time. • chef de partie—19; • chef manager—one; The Speaker: Would you like to put your third ques- • cleaner—five; tion? • cleaner/caregiver—one; • supervisor—one; Mr. Sylvan D. Richards, Jr.: Yes, sir. • prep chef—one; • dining room captain—one; The Speaker: Continue. • domestic worker—one; QUESTION 3: WORK PERMIT RENEWALS DENIED • executive assistant—one;

• executive director—one; Mr. Sylvan D. Richards, Jr.: I would like to thank the • experienced landscape gardener—two; Minister for that very comprehensive list. • experienced associate—one; Third question: Will the Honourable Minister • experienced cleaning technician—one; advise this Honourable House of the number of quali- • experienced landscape/hardscape—one; fied Bermudians registered with the Department of • experienced server—two; Workforce Development available to take the posi- • fire protection specialist—one; tions in each category where work permit renewals Bermuda House of Assembly Official Hansard Report 3 July 2020 4335

were applied for but subsequently denied since the Mr. Sylvan D. Richards, Jr.: No further supplemen- inception date of the first curfew imposed in relation to taries. Thank you, Mr. Speaker. COVID-19? The Speaker: Thank you. The Speaker: Thank you. Would other Members— Minister, would you like to respond? Hon. Patricia J. Gordon-Pamplin: Mr. Speaker. Hon. Jason Hayward: Mr. Speaker, this information is not available to the House at this time for two rea- The Speaker: Yes, is it a supplementary? sons. First, the system and processes within the De- partment of Workforce Development are not yet at a Hon. Patricia J. Gordon-Pamplin: Yes, sir. Perhaps point of maturity to enable these data to be received. you could find me on the list . . . oh, here we go. Some of these data are not captured. Additionally, some of the data available may not be current and will The Speaker: Could you speak up just a little? I am require data cleansing. having a little trouble hearing you come through. Second, the categories of information in the Workforce Development IT systems do not directly Hon. Patricia J. Gordon-Pamplin: Yes. The Minis- align with the immigration work permit descriptions, ter— leading to a mapping exercise being required. This is not precise and will provide misleading comparisons. The Speaker: MP Gordon-Pamplin. Put your supple- For example, in immigration work permit categories, mentary, yes. there are 14 distinct job titles in the restaurant industry. SUPPLEMENTARY However, the Workforce Development De- partment’s data indicate the restaurant industry count Hon. Patricia J. Gordon-Pamplin: Yes. Thank you, of 1,534 persons employed, consisting of both Ber- sir. mudians and non-Bermudians. Mr. Speaker, clearly The Minister indicated, yes, he intended for the aforementioned indicates that more information is the information to be made available ultimately. Does simply not available in a focused format to answer the the Minister have any indication in terms of the time question. frame within which he is projecting that this infor- Thank you. mation might be made available?

The Speaker: Thank you, Minister. The Speaker: Thank you. MP, would you like to put a supplementary Minister. question, or . . . Hon. Jason Hayward: I do not have a date on the Mr. Sylvan D. Richards, Jr.: Yes, I would, Mr. time frame. But I can elaborate a little bit on the pro- Speaker. cess. And once we get the unemployment information, we will be able to do an assessment of those persons The Speaker: Okay. Put your supplementary. who are unemployed. You would appreciate that you have persons registered on the Job Board who are SUPPLEMENTARY not necessarily unemployed, but persons who are gainfully employed and also seeking occupation in Mr. Sylvan D. Richards, Jr.: Yes. The supplementary other categories. to the Minister is this: I understand the difficulty that he is encountering [providing] the answer to that par- The Speaker: Thank you. ticular question. Does he anticipate the processes No further supplementaries? being put in place that would enable the department to get that information? And if that information does be- Hon. Patricia J. Gordon-Pamplin: No, I will pass, sir. come available, would he make it available to the Op- position? The Speaker: Thank you, Members. We will now move on to questions this morn- The Speaker: Minister. ing regarding Statements that were given by Minis- ters. The first Statement this morning was by the Hon. Jason Hayward: Mr. Speaker, the answer to Deputy Premier in reference to the SDO [Special De- that question is yes. velopment Order]. And, Deputy Premier, you have two Members who wish to ask questions of you this morn- The Speaker: Thank you. ing. No further supplementary? Bermuda House of Assembly 4336 3 July 2020 Official Hansard Report

The first is from the MP from constituency 10, and the SDO process is the best way to ensure that it MP Dunkley. gets the appropriate public scrutiny and moves forth in MP Dunkley? the best interests of the country. So this was not . . . I take issue with the impli- [No audible response] cation of [there being a] violation of planning law; I do not believe that is the appropriate way to address this. The Speaker: The second is from MP Richards. MP Richards, would you like to put your ques- The Speaker: Thank you, Minister. tion to the Minister regarding his Statement this morn- MP Richards, do you have a supplementary? ing? SUPPLEMENTARY Mr. Sylvan D. Richards, Jr.: Yes, Mr. Speaker. Mr. Sylvan D. Richards, Jr.: Yes, I do. Thank you, The Speaker: Go right ahead. Minister, for clarifying that aspect of the process. The Minister did mention that the public was QUESTION 1: RIDDELL’S BAY (WARWICK given the opportunity to weigh in. I am curious, what PARISH) SPECIAL DEVELOPMENT ORDER 2020 was the number of letters sent to the Department of Planning by members of the public, those both sup- Mr. Sylvan D. Richards, Jr.: Thank you. porting the project and also those who had objections From the Statement this morning by the to the project? Deputy Premier, the development application or the future application, because the subdivision to create The Speaker: Minister. residential lots in a recreational zone failed to conform to various provisions of the draft Bermuda Plan of Hon. Walter H. Roban: That information I do not have 2018, which was recently extended in this very House, at hand right now an accurate [answer to the] actual I have been made aware that more than 10 sections question of the Honourable Member. I know that there of the Planning Act were violated. were considerable letters, in the hundreds. I also My question is this: Why did the Minister de- know that of persons who gave comment to the decide to override the decision of his own Development velopment, some of those letters were actually from Applications Board and allow this project to proceed at people overseas. So they had to be very much in- this point? spected and scrutinised by the Planning Department. But I will get a precise number to the Honour- The Speaker: Minister, would you like to respond? able Member if he allows me to make that undertaking. Hon. Walter H. Roban: Yes. Yes, Mr. Speaker. The Speaker: Thank you, Minister. The Speaker: Go right ahead, Minister. MP, are you comfortable with that?

Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you Mr. Sylvan D. Richards, Jr.: Yes, Mr. Speaker. for the question from the Honourable Member. Would the Minister be able to give me a time frame of I think the question is slightly implying an ef- when those answers will be available? fort to violate. And I do not believe that is the appropriate way to look at this, Mr. Speaker, in that the Hon. Walter H. Roban: I will, during this session, planning law did not allow for the board to approve the make the inquiries to my Planning team. And if I can development based on the numerous different zon- get them to him today, I will do so. If not, I will get a ings and the type of zoning that is in the Riddell’s Bay precise time that I will get them, and I will communi- project. So in order to ensure that this development cate back to him as soon as I can. [was approved], which it was believed by all was definitely in the national interest, the SDO process was The Speaker: Thank you. recommended to be used. Member, further question or supplementary? This did not exclude, as my Statement said, the opportunity for the public to have their say. It did [Crosstalk] not exclude the opportunity for this to be very trans- parently handled. But as the current law accommo- Hon. Patricia J. Gordon-Pamplin: I have a supple- dates, it could not be approved by the board under the mentary, Mr. Speaker. current law. And that was the recommendation that we followed. So the SDO process is being followed Mr. Sylvan D. Richards, Jr.: That is it for me, Mr. based on having gone through the process. And it is Speaker. felt that this is clearly a project in the national interest, Bermuda House of Assembly Official Hansard Report 3 July 2020 4337

The Speaker: Okay, for you. a right that every member of the public should have to Supplementary I hear from MP Gordon- any application. Pamplin? And certainly, I am not necessarily able to say where we are going to go right now with the planning Hon. Patricia J. Gordon-Pamplin: Yes, sir. law, because I do not believe that the fact that we have had to come this way is a problem. The fact that The Speaker: Is that correct? SDOs at this point come to the House was to ensure the highest level of public scrutiny to applications that Hon. Patricia J. Gordon-Pamplin: Yes, sir. may have a public interest value. So, at this point I cannot give a crystal ball [prediction] as to where the The Speaker: Would you like to put your supplemen- Government will go to any such changes. tary? The Speaker: Thank you, Minister. SUPPLEMENTARY Any further supplementaries? No further supplementaries. Hon. Patricia J. Gordon-Pamplin: Thank you, sir. I am going to move on. The supplementary question is, the Minister MP Dunkley, are you available to put your indicated that there was a plethora of [INAUDIBLE] question now? that were not provided for within the legislation to allow this application to go through the normal process. Hon. Michael H. Dunkley: Yes, Mr. Speaker. Good The question that I have of this Minister is, Is morning. there any intent to make legislative changes to accommodate a better process to harmonise these The Speaker: Good morning. Go ahead and put your things going forward? question to the Minister.

The Speaker: Okay. QUESTION 1: RIDDELL’S BAY (WARWICK Minister, were you able to hear the question? PARISH) SPECIAL DEVELOPMENT ORDER 2020

Hon. Walter H. Roban: I am sorry; I did not hear the Hon. Michael H. Dunkley: To the Deputy Premier: Honourable Member clearly. I have [INAUDIBLE] the You mentioned twice in the answer to my colleague, Honourable Member clearly. I have some sound prob- MP Richards, this decision was made in the national lems. interest. Can you define the parameters regarding your decision made in the national interest? What The Speaker: Okay. MP, can you just summarise it? were the overriding factors in your decision-making Rather than going into the full detail, can you just put process? summarisation to what the actual question was? The Speaker: Minister. Hon. Patricia J. Gordon-Pamplin: Yes, sir. The Minister indicated that there were a Hon. Walter H. Roban: I can loosely give a descrip- plethora of reasons why the application could not go tion. Certainly, the magnitude of the project itself; the through the traditional process. The question is, Is implications that it had for the changes in the zoning, there an intent to make legislative changes to harmo- which were substantial; the amount of investment that nise things so that, going forward, these types of ap- the developer and the team desired to bring to the plications will be able to go through the normal pro- actual development; the protection, the substantial cess as opposed to an SDO? protection of land that will be afforded the area; as well as the number of jobs and opportunities that it The Speaker: Minister. would bring to the country. In an informal way, those are the sorts of things that were considered to be in Hon. Walter H. Roban: Thank you for the question. the national interest. I cannot predict what legislative changes the There is also some description in the law as to Government will make around these matters. But I how SDOs should be actually used, as well. would suggest to the Member that the House currently has the opportunity, as the legislation provides, to give Hon. Michael H. Dunkley: Supplementary, Mr. scrutiny to any applications of SDO. This application Speaker. actually did go through the normal process with Plan- ning, and people did have the opportunity to critique it The Speaker: Yes. You have a supplementary? and give their comments and views on it. And that particular process will not be abridged, because that is Hon. Michael H. Dunkley: Yes, Mr. Speaker.

Bermuda House of Assembly 4338 3 July 2020 Official Hansard Report

The Speaker: Go ahead. acres. So 75 per cent of the land will actually be protected conservation land open to the public. SUPPLEMENTARY Mr. N. H. Cole Simons: And that will be part of— Hon. Michael H. Dunkley: To the Honourable Deputy Premier, I appreciate the answer. The Speaker: Is that a supplementary? Does this now set a precedent in that individuals or groups who buy land on the one set of plan- Mr. N. H. Cole Simons: Yes, supplementary. ning regulations, knowing very full well that what their development magnitude might be, can appeal it down The Speaker: Yes. the road to the Minister and, in time, change it to allow more development than was originally agreed to? Mr. N. H. Cole Simons: And that will include a part of our park system? The Speaker: Thank you, Member. Minister, you can answer. Hon. Walter H. Roban: No. It will be privately . . . I believe it will be privately held. But it will be open to Hon. Walter H. Roban: Yes. the public. I would say no. SDOs are considered on a case-by-case basis. And even the fact that we came Mr. N. H. Cole Simons: And final supplementary. And this direction was after technical review and technical what type of agreement will we have with that? advice. So this is not a decision that is made on the Hon. Walter H. Roban: A part of the condition that whim of the Minister alone. It is made after the Plan- you saw in my Statement . . . that will be embedded in ning team and the Department of Planning and the the SDO. Department of Environment and Natural Resources and the expertise within those departments and others Mr. N. H. Cole Simons: Thank you. have given proper consideration to any such development and have advised the Minister from a tech- Hon. Walter H. Roban: Along with the . . . as I said in nical standpoint. These decisions are not made just by the Statement, the funding to support the conservation the whim of a Minister. They are made actually after plan and the funding to maintain it thereof are built receiving advice as such. into the actual conservation plan and the conditions of the SDO. [Crosstalk] Mr. N. H. Cole Simons: Thank you. Mr. N. H. Cole Simons: Mr. Speaker. Hello! This is Cole. The Speaker: Thank you, Minister.

Hon. Michael H. Dunkley: Second question, Mr. Mr. N. H. Cole Simons: Thank you, Mr. Speaker. Speaker. Ms. Susan E. Jackson: A supplementary. [Crosstalk] The Speaker: Mr. Simons, you have used up your The Speaker: Yes. supplementaries. Does anyone else have supplementaries? Mr. N. H. Cole Simons: Supplementary question, yes. Ms. Susan E. Jackson: Yes, I have a supplementary.

The Speaker: Supplementary? Go ahead, Mr. Si- Hon. Michael H. Dunkley: I have another question. mons, MP Simons. The Speaker: It sounds like the Opposition Whip. SUPPLEMENTARIES Honourable Member, you can put your supplementary. Mr. N. H. Cole Simons: Minister, can you reconfirm the acreage that the project will give as far as public SUPPLEMENTARY community space? Ms. Susan E. Jackson: Thank you. Hon. Walter H. Roban: Yes. It is outlined in the Minister, I am just curious. Given the fact that Statement. It is 64 acres. It is 75 per cent of the land. we are in an economically financially strained envi- The total acreage of Riddell’s Bay is around 90-plus ronment right now, and given some of the historical Bermuda House of Assembly Official Hansard Report 3 July 2020 4339

financial strains that other special development pro- Hon. Walter H. Roban: I was advised by the Depart- jects have incurred in the past, what assurances do ment of Planning, and that is the advice that I relied the people of Bermuda have that this project will actu- on. There was no conflict in any advice that was given ally be developed and then sold appropriately? Have from any of the bodies within––as far as I know, in the there been any indications that these properties are Department of Planning. I got one set of advice from already committed financially? those who would have had responsibility for considering this. And that is what I took into consideration. The Speaker: Minister. Hon. Michael H. Dunkley: Supplementary on this, Hon. Walter H. Roban: Thank you for the question, Mr. Speaker. Honourable Member for constituency 20. The developer, as I made clear in my State- The Speaker: Supplementary. Yes. ment, is quite enthusiastic to move forward with this project. We have been working closely with the devel- SUPPLEMENTARY oper to make sure that everything was shaped in a way that was appropriate and would meet the re- Hon. Michael H. Dunkley: Mr. Speaker, the Honour- quirements that the Government wanted in the SDO, able Minister in his response to the questions from my but also would make it suitable for the project to move colleague, Sylvan Richards, mentioned that there forward. This developer is ready to go as soon as this were hundreds of objections. And the Minister was process is finished. And they have continually ex- unable to provide any detail. pressed their confidence in Bermuda and that their Is the Minister able to provide details on what capital is still waiting to be deployed to start and com- the main objection point would have been by the hun- plete this project. dreds of objectors? And the developer has also indicated, if I can just include here, that there is interest already ex- The Speaker: Minister. pressed in purchasing any—some of the 18 lots, or units, that will be developed on the properties. Hon. Walter H. Roban: Actually, Mr. Speaker, I thank the Honourable Member from [constituency] [10] and Ms. Susan E. Jackson: Thank you. the Honourable Member from [constituency] 7 for their No supplementary. questions around this. I actually have the information on the objections, afforded to me by able members of The Speaker: No supplementary? Thank you. the technical team at Planning. There were actually 39 MP Dunkley, you had started that round of objections and one petition. It is the petition that had questioning. You put one question; other Members hundreds of names on it. That is why I made refer- had supplementaries. Do you have any more ques- ence to hundreds, I believe. But actual objections, tions? there were only 39 proper objections and one petition.

Hon. Michael H. Dunkley: Yes, Mr. Speaker. [Crosstalk]

The Speaker: Would you like to do your second ques- Hon. Michael H. Dunkley: On the petition . . . how tion? many names on the petition, Mr. Speaker?

Hon. Michael H. Dunkley: Yes. Thank you, Mr. Hon. Walter H. Roban: I have no idea. I would have Speaker. to go back and look at that. But there was a petition. I will confirm the number. And I withdraw my reference The Speaker: Continue. to hundreds, because that may be incorrect. But I know that I did hear a reference at one point in the QUESTION 2: RIDDELL’S BAY (WARWICK conversation that . . . Okay, there were petitions. PARISH) SPECIAL DEVELOPMENT ORDER 2020 Whether there was an official petition on social media that made reference or some sort of petition was Hon. Michael H. Dunkley: To the Honourable Deputy made, we were made known of, that had hundreds of Premier: Did the advice of the technical officers to the names. I do not know whether it was an official peti- DAB differ from the advice that we got when reviewing tion. But since my technical officers have provided it, I [INAUDIBLE] these SDO decisions? Was it the same will find out more about it and provide it to Members advice, or was there a difference? who have asked.

The Speaker: Minister. The Speaker: Thank you.

Bermuda House of Assembly 4340 3 July 2020 Official Hansard Report

Hon. Michael H. Dunkley: My last question, Mr. technical officers is privileged. I think he understands Speaker. that as a former Minister and Premier. So I cannot say I can share that at this point. But certainly, my deci- The Speaker: MP, would you like to do your third sion to actually move forward with this SDO, and the question? Cabinet’s decision and the Government’s, is reflective of whatever advice that we received. Hon. Patricia J. Gordon-Pamplin: Mr. Speaker, I have a supplementary on that. The Speaker: Thank you. Would you like to do your third question now, The Speaker: A supplementary? Hold on, MP MP? Dunkley. MP Gordon-Pamplin, you have a supplemen- Hon. Michael H. Dunkley: Yes, Mr. Speaker. I appre- tary? ciate the answer. I am not so sure I agree with that. I do not think it is confidential. And this SDO decision, I Hon. Patricia J. Gordon-Pamplin: Yes, sir. think the advice is pertinent to the—

The Speaker: Put your supplementary. The Speaker: Well, [INAUDIBLE]. Put your third question at this point. SUPPLEMENTARY Hon. Michael H. Dunkley: I just made that point. Hon. Patricia J. Gordon-Pamplin: My supplementary question is, the Minister did not indicate the categories The Speaker: Yes. of, you know, the areas of objection. Could he share that with us in respect of his response that there were QUESTION 3: RIDDELL’S BAY (WARWICK 39 objections, plus a petition? The categories—what PARISH) SPECIAL DEVELOPMENT ORDER 2020 major categories underlie the objections that were received by the department? Hon. Michael H. Dunkley: Third question to the Hon- ourable Deputy Premier: Will the properties be availa- The Speaker: Thank you. ble to Bermudians and non-Bermudians? Minister. The Speaker: Deputy. Hon. Walter H. Roban: I will get that information and provide [it]. I do not have it with me at this moment. Hon. Walter H. Roban: That was very muffled. I did not hear the question from the Honourable Member. The Speaker: Thank you. MP Dunkley, would you like to put your third The Speaker: His question was whether the proper- question? ties would be for sale to Bermudians and non- Bermudians, or available to Bermudians and non- Hon. Michael H. Dunkley: I do have a supplementary Bermudians. to that original question I asked. Hon. Walter H. Roban: I think the property will be The Speaker: You have a second supplementary to available to anyone. I do not know what the ARV or your second question? Put your supplementary, yes. the level is. But these are luxury properties. I do believe they will be available to international and local SUPPLEMENTARY purchase.

Hon. Michael H. Dunkley: What was the advice of The Speaker: Supplementary? No, not . . . that was the technical officers that the Deputy Premier re- your supplementary. Do you have a third question ceived? now, MP?

Hon. Walter H. Roban: Hello? I did not hear. It was Hon. Michael H. Dunkley: That was my third ques- very muffled, that question, Mr. Speaker. I did not tion. I am finished. Thank you, Mr. Speaker. hear it. The Speaker: That was your third question. No sup- Hon. Michael H. Dunkley: Mr. Speaker, what was the plementary to your third question, rather? advice of the technical officers? Hon. Michael H. Dunkley: No, Mr. Speaker. Thank Hon. Walter H. Roban: I think the Honourable Mem- you. ber would know that advice between Ministers and Bermuda House of Assembly Official Hansard Report 3 July 2020 4341

The Speaker: None? Thank you. The Speaker: Thank you for providing that additional information. Okay. [Crosstalk] Hon. Patricia J. Gordon-Pamplin: Mr. Speaker, I Hon. Walter H. Roban: Mr. Speaker, I do have some have a supplementary in respect of that provision of answers related to some of the questions that Mem- new information. Is that permitted, sir? bers had. Shall I just send them to them directly or give them now? The Speaker: Let me just check. I know when you asked the supplementary, you had asked one. So that The Speaker: Say that again? means you would have one more supplementary left.

Hon. Walter H. Roban: I have some of the answers SUPPLEMENTARY to some of the questions that Members had, that they presented to me that I said I would undertake to give. Hon. Patricia J. Gordon-Pamplin: Thank you. Thank Shall I just send it to them directly or shall I give them you, Mr. Speaker. now? Minister, you just indicated in your response that you are creating one of the largest public open The Speaker: Would you like to give them now, being spaces. But earlier you had indicated that this was still you have introduced this? going to be privately held land and that there may be some kind of permissions given. Can you clarify? Or Hon. Walter H. Roban: I am happy to. You know, I maybe I misunderstood. am all about transparency on these matters, so I want— Hon. Walter H. Roban: I did not say that there would be any permission given. This will be privately owned, The Speaker: Okay. Continue on, Minister. but it will be publicly accessible conservation land.

Hon. Walter H. Roban: In relation to objectors and The Speaker: Thank you, Minister. the types of objections that came, of the 39, objectors wanted it to stay in open space. The interesting point Hon. Walter H. Roban: And so it may be privately to make is that recreational zoning allows a wide vari- owned, but there is a commitment that the public will ety of development—i.e., the fact of the matter, Mr. have access. Speaker, is that right now you could put an amuse- ment park up there, based on the zoning that is at Hon. Patricia J. Gordon-Pamplin: Thank you. Riddell’s Bay. But with the changes that we are making, it will be protected conservation land. So the ac- The Speaker: Thank you, Minister. And that brings us tual direction we are going will provide further protec- to an end of the questions for your Statement. tion rather than leaving it open now to a type of devel- The next Statement where Members had— opment that would not be in the public interest. The actual petition was titled “The Santa [Inaudible interjection] Claus Petition,” or there was somebody, one of the names on the petition was Santa Claus. So that is the The Speaker: Okay. The next Statement that Mem- type of names that we found on the petition. I can get bers have indicated they would like to put questions is more precise numbers as to what––how many people for the Minister of Works. were on the actual petition. Minister Burch, you have two Members who The main items of objection were the per- wish to put questions to you. The first is the Opposi- ceived loss of open space, which I do believe, by vir- tion Whip. tue of the direction we are going, Mr. Speaker, that is Honourable Member Whip, would you like to not actually the truth. Actually, we will be creating one put your question? of the largest public open conservation spaces in the history of Bermuda, based on what has been done in Ms. Susan E. Jackson: Yes. Thank you, Mr. Speak- the past. Sixty-four acres—which is one of the largest er. areas that will exist [compared] to Spittal Pond and the Arboretum and other areas. Obviously, perhaps The Speaker: Go right ahead. there were others who will come forward publicly to say what they may have objected to, but I am outlining QUESTION 1: INTRODUCTION TO THE actually what was the main content of the objections, MUNICIPALITIES was the loss of open space. Ms. Susan E. Jackson: My question for the Minister is that, given the advice, resources, support and seri- Bermuda House of Assembly 4342 3 July 2020 Official Hansard Report

ous conversations that he mentioned in his Statement, ly those that have similar challenges to themselves, to I am wondering if the Minister and the corporations take advantage of. have considered offering entrepreneurial opportunities for some of the services traditionally carried out by the Ms. Susan E. Jackson: I have one second question. corporations? The Speaker: Second question, yes. The Speaker: Thank you. Minister. Ms. Susan E. Jackson: When having serious conversations with— Lt. Col. Hon. David A. Burch: There has been no discussion on that subject matter at this stage. The Speaker: Actually, your third question.

The Speaker: Okay. Ms. Susan E. Jackson: Okay. That is fine. Supplementary, or additional question, Hon- ourable Member? The Speaker: Third question.

Ms. Susan E. Jackson: Supplementary. Ms. Susan E. Jackson: Minister, given the serious conversations had with the Corporation of Hamilton, I The Speaker: Go ahead. know historically they have had a real issue with the complexities around some of the sewage and drain- SUPPLEMENTARIES age in the city. Was that one of the conversations that was addressed as far as moving forward? And what Ms. Susan E. Jackson: Is there some intention to could be done, whether it is joint with the Ministry and consider the fact that some of these services that you the corporation, to address some of those issues? mentioned—things like sign-painting and body work— could be entrepreneurial opportunities in the future? Lt. Col. Hon. David A. Burch: The discussions did not delve down to that level of detail. But during the Lt. Col. Hon. David A. Burch: All options are on the tour yesterday there is a pumping station at the depot. table. But I can say that in the case of the Corporation And so we briefly touched on those subjects in terms of Hamilton in relation to those areas, they actually of some of the challenges that the corporations are perform them quite efficiently. And there is cause for a having. Those are quite timely, as the Water and review of some of the things that we are doing in Pub- Sewage Section of the Ministry has done a significant lic Works that we do not do as efficiently. So I am not amount of work in terms of an Island-wide effort to sure that that would be an area that we would head deal with that subject. And is an RFP out for ideas on down the road of privatisation. But certainly it is early that subject. And so we will certainly piggyback both days yet. The conversation has just started. And all corporations’ challenges in that regard. options really are on the table at this stage. Ms. Susan E. Jackson: Thank you very much, Minis- The Speaker: Thank you, Minister. ter. Further supplementary or new question? Thank you, Mr. Speaker. Nothing else.

Ms. Susan E. Jackson: Further supplementary. The Speaker: Thank you. Minister, you have one other Member who The Speaker: Second supplementary, yes. would like to put questions to you. And that is the MP from constituency 10. Ms. Susan E. Jackson: Minister, especially given the MP Dunkley, would you like to put your ques- St. George’s Corporation and the small team there, tions now? are there any thoughts of increasing some of the services that the St. George’s Corporation provides and, QUESTION 1: INTRODUCTION TO THE again, allowing for an opportunity for entrepreneurial MUNICIPALITIES development? Hon. Michael H. Dunkley: Thank you, Mr. Speaker, The Speaker: Minister. and good morning, Minister. Minister, there was a good deal of angst last Lt. Col. Hon. David A. Burch: The short answer year when this legislation was discussed. Has the would be that we have not had those discussions, but Government had any discussions with the two corpo- all options are on the table. What we have done initial- rations to review the legislation to make any changes ly is to offer to the Corporation of St. George’s support which might deal with some of their concerns? from areas of the Ministry and the quangos, particular- Bermuda House of Assembly Official Hansard Report 3 July 2020 4343

The Speaker: Minister. I think it is important that when I [read] the Statement, it did talk about history, and the Statement Lt. Col. Hon. David A. Burch: Not at this stage. With was concentrated on the context in which African- both corporations we did touch on the Municipalities Bermudian history, as well as Caribbean and African Act. But as I indicated in the Statement, it was a meet- history, is incorporated. All of the other histories are and-greet actual meeting. I am scheduled to attend incorporated within the curriculum. However, this . . . Well, I do not think it is scheduled yet. But I have Statement spoke specifically to just that. So I am hop- indicated that I wish to attend the actual council meeting I am answering that question. ings for each corporation. And I am sure that even This was something that this Government has prior to today’s Statement, those items will be up for promised to do and has delivered on. And as I spoke discussion. in the Statement, this started, the new curriculum, this portion of the curriculum and the revising of the cur- Hon. Michael H. Dunkley: Thank you. riculum started this school year in 2019. And so, we are looking . . . this part of the Statement was to spe- The Speaker: Supplementary or new question? cifically point out that, with all of the things that we do teach, there is a component that specifically deals Hon. Michael H. Dunkley: No. I am good. Thank you, with African-Bermudian history, African-Caribbean Mr. Speaker. history and African history in itself. I hope that does answer the question that the The Speaker: Okay. Minister, that brings to a conclu- other history is taught within the social studies course. sion questions for you. But this particular Statement was to focus specifically on those topics that have become quite topical here Lt. Col. Hon. David A. Burch: Thank you. today with the Black Lives Matter movement.

The Speaker: The next questions this morning are in The Speaker: Thank you, Minister. reference to the Statement from the Minister of Edu- And supplementary? cation. Minister, you have one Member who would Hon. Jeanne J. Atherden: Yes, a supplementary. like to put questions to you, and that is the Member from constituency 19. The Speaker: Continue. Honourable Member Atherden, would you like to put your question now? Honourable Member? SUPPLEMENTARY

Hon. Jeanne J. Atherden: Mr. Speaker. Hon. Jeanne J. Atherden: While I applaud what you are saying, I guess because Bermudians are out there The Speaker: Yes. I see you; I do not hear you right listening, and I realise that if we are going to have a now. Can you check? Okay. Good now? better understanding of the fact that we are all Ber- mudian and how we mutually interact, it might be use- QUESTION 1: SOCIAL STUDIES CURRICULUM IN ful if people would understand, especially when you PUBLIC SCHOOLS—BERMUDA AND GLOBAL spoke about Primary 1 to 3, about their individual and STUDIES collective heritage. I just wondered, is it possible to indicate to the listening audience who are out there Hon. Jeanne J. Atherden: Yes. Thank you, now what type of history is taught with respect to that? Mr. Speaker. The Minister indicated in terms Bearing in mind that Blacks make up 53 per cent, but of the social studies curriculum in public schools that whites and others make up the rest of it. they were going to continue to revise and enhance the curriculum so that students have an understanding of Hon. Diallo V. S. Rabain: Well, I will respond to that their history and their heritage. And so, while I am and say that I will endeavour to get back. If we know pleased to see the very specific reference to Black historically there has not been any lack of Anglo- history, et cetera, my question to the Minister is, What Saxon history taught within our school, it is time for us is taught in the schools with respect to Anglo-Saxon to recognise that we need to have this Black history and Portuguese history? taught within our schools, and we are doing that and moving forward with it. To come now and ask, What The Speaker: Thank you, Member. are doing to ensure that our Black children know Minister. about Anglo-Saxon history? when it has always been incorporated in the system I find just a bit disingenu- Hon. Diallo V. S. Rabain: I want to thank that Mem- ous. But I will endeavour to get back and let the Mem- ber for that question, Mr. Speaker. ber know exactly what is being taught on that level.

Bermuda House of Assembly 4344 3 July 2020 Official Hansard Report

Hon. Jeanne J. Atherden: Mr. Speaker, it is unfortu- The Speaker: No problem. Thank you. Thank you, nate that the Minister would choose to focus on one MP and Minister. Thank you. part of my statement and make a conclusion that it We now will move on to . . . And that brings us was disingenuous. I said with respect to Portuguese to an end, first, of the questions that were put regard- and Anglo-Saxon because if you look up the official ing Statements for this morning. So it brings us to a language in Bermuda, it is English and Portuguese. close of Question Period. We will now move on. And so I want to understand, as I am sure Bermudi- ans out there, what is being taught. I asked the ques- CONGRATULATORY tion about the people who make up this country. And I AND/OR OBITUARY SPEECHES wanted to know genuinely what is being taught. I am not being disingenuous. I want us to increase our mu- The Speaker: Does any Member wish to speak? tual respect in this country and our mutual understanding. So what is taught with respect to Portu- Mr. Michael A. Weeks: Mr. Speaker. guese?

The Speaker: Yes? MP Weeks, I believe. The Speaker: Minister. Minister, do you have a response? Mr. Michael A. Weeks: Yes, Mr. Speaker. Good morning to you. Hon. Diallo V. S. Rabain: Mr. Speaker, I do apologise. I completely dropped off. My computer just shut The Speaker: Good morning, sir. You have the floor down and I missed the last bit of what she said. So if and you have your three minutes. she could repeat that, I am connected on my cell phone while my computer is rebooting. Mr. Michael A. Weeks: Thank you, sir. Mr. Speaker, I would like to send congratula- Hon. Jeanne J. Atherden: Okay. tions out to the grandson of Joy Wilson Tucker, and his name is Iziah Tucker, and his parents, Brian and The Speaker: The Member has basically indicated Bernadette Tucker, for doing such an excellent job. that she was not being disingenuous. She was just This past Monday, Mr. Speaker, Iziah graduated from trying to make sure there is a balance being taught in the Berkeley. He received a number of awards. One the schools of our heritage. That is my synopsis. was the Gold Community Service Award for giving Am I on spot there, without your having to over 100 hours of community service. He also re- repeat it all, Member? ceived a Berkeley PTA scholarship award for his excellent academics. This fall, Mr. Speaker, this young Hon. Jeanne J. Atherden: Yes. But the one part Iziah Tucker will be studying marine science at Roger which I think is important to repeat is the fact that, as I Williams University. And also I must add that he took said, English and Portuguese are the two official lan- part in his bold, adventurous journey back in Zambia guages. And therefore, I was not specifically talking in 2009. So definitely he is an adventurous spirit. about Anglo-Saxon. And the last of that question was, Also, Mr. Speaker, I would like to take this What is taught in the schools with respect to Portu- time to send belated birthday wishes to Mr. Edwin guese and Portuguese heritage? Wilson, who celebrated his birthday yesterday. Some of you may remember Mr. Wilson as the former Com- Hon. Diallo V. S. Rabain: And I said earlier in my missioner of Prisons. He was also an educational of- response that I will endeavour to get back to the ficer. He is now a senior enjoying his life. And I think it Member on exactly that particular topic. But I also just fitting that I send out congratulatory remarks on wanted to be very, very clear that this particular one, it his belated birthday. is a well-known fact that African American . . . African- Thank you, Mr. Speaker. Bermudian history, African-Caribbean history and Af- rican history have not been equally represented as all The Speaker: Thank you, Member. of the others. And this was just to point out that we Does any other Member wish to speak? have started to move in that direction. But I will endeavour to get back to that Mem- Hon. Diallo V. S. Rabain: Mr. Speaker. ber for a fuller listing of what is taught at the social studies level. Ms. Leah K. Scott: Mr. Speaker.

Thank you, Mr. Speaker. Hon. Jeanne J. Atherden: The Speaker: Honourable Member, I think I heard a And as I said before, I just do not want to see the male voice first. Was it the Minister of Education? pendulum swing—

Hon. Diallo V. S. Rabain: Yes, Mr. Speaker.

Bermuda House of Assembly Official Hansard Report 3 July 2020 4345

The Speaker: Minister, you have three minutes. Ms. Leah K. Scott: I would like to speak, Mr. Speak- er. I would like to speak, Mr. Speaker. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to send congratula- The Speaker: Yes, go ahead, MP Atherden. tory— Mr. Dennis Lister III: I would like to speak also, Mr. The Speaker: We note that your camera—and let me Speaker. remind Members about trying to have their video on when they speak, as well. I know you had difficulty The Speaker: Go ahead. with your system just now. But I am reminding all Members to make sure their cameras are on. Hon. Jeanne J. Atherden: It was MP Scott, Mr. Speaker. It was MP Scott. Hon. Diallo V. S. Rabain: Okay. How is that, Mr. Speaker? An Hon. Member: Yes, Leah Scott.

The Speaker: You are perfect. The Speaker: Oh, I am sorry.

Hon. Diallo V. S. Rabain: Okay. Mr. Speaker, I want Ms. Leah K. Scott: Can you hear me, Mr. Speaker? to take the time to send congratulations to all of our graduating seniors who have graduated from our pub- The Speaker: Yes. lic schools at the Berkeley Institute and CedarBridge Deputy Opposition Leader, my apologies. Academy. And I want to associate the entire House How are you this morning? with these congratulations. Mr. Speaker, CedarBridge Academy had 115 Ms. Leah K. Scott: I am fine, thank you. Can you see graduates this year, with seven of them from the dual me? enrolment programme with the Bermuda College. Berkeley Institute had 125 of them, with 11 graduating The Speaker: I do not. I see your computer. But no, I from the dual enrolment programme. do not see you, but I hear your voice, though. Mr. Speaker, while we know COVID-19 has stopped us from doing things the way we normally Ms. Leah K. Scott: Now can you see me? have, and I know these graduates––and judging by some of the comments that we received from the par- The Speaker: No. ents––when they started the senior school four years ago they did not expect to be able to be graduating as Ms. Leah K. Scott: Oh! I can see me. they did. But I just want those graduates to know that we in this Honourable Chambers and we in the De- The Speaker: You can see you, yes? We cannot see partment and Ministry of Education are very proud of you, though. Keep talking. I will let you keep talking them for what they have accomplished. And I want until you get it sorted out. them to understand that the Government will always be there to support them, Mr. Speaker. And so I want Ms. Leah K. Scott: Okay. Mr. Speaker, I would like to to send hearty congratulations to all of those gradu- offer congratulations today to Martha Dismont, who ates. has retired from the Family Centre. And anybody who Mr. Speaker, I would also like to join MP knows Martha knows her tireless efforts that she has Weeks in congratulating Mr. Ed Wilson on his 85th expended for over 30 years within this community. I birthday. And I do recognise that MP Weeks would not have known Martha since, I think 28 years. She start- also include in his accolades that he is a man of Alpha ed out at the Family Centre over on— Phi Alpha Fraternity, Incorporated, Mr. Speaker, a man of [INAUDIBLE]. An Hon. Member: Associate.

Mr. Michael A. Weeks: Okay. Am I allowed to have a Ms. Leah K. Scott: I do not know who that is, but as- point of order? sociate.

The Speaker: No, no. You have to do that on another Ms. Susan E. Jackson: Yes, me, too. occasion. Would any other Member like to speak on Hon. Jeanne J. Atherden: Associate me as well. congratulations and condolences? I had heard MP Atherden earlier. Are you still interested in speaking? [Crosstalk]

Bermuda House of Assembly 4346 3 July 2020 Official Hansard Report

The Speaker: Associate the entire House. I suggest And also, Mr. Speaker, I would like to send a you associate the entire House. Happy Birthday shout-out to my fiancée, [because] today is her 25th birthday. So I would like to send out Ms. Leah K. Scott: Thank you, Mr. Speaker. I will congratulations to her, Mr. Speaker. Thank you. associate the entire House. Martha started out on Victoria Street in the Mr. Neville S. Tyrrell: Mr. Speaker. It’s Tyrrell. building that used to be the Bermuda Sun. And when she started out, it was just Martha and, I think, one The Speaker: Yes, continue. other person. And to be a part of her growth and watch what she has done for this community, and she Mr. Neville S. Tyrrell: Mr. Speaker, thank you very continued to be a champion for the rights of our chil- much. dren and for the rights of the members of this country. I wish her every success as she embarks on The Speaker: Yes. Sounds like Mr. Tyrrell. her new journey. I do not know what that is going to be. I know that one of the things that she always says Mr. Neville S. Tyrrell: Yes, it is. Thank you, Mr. to me, [INAUDIBLE] talking about the Family Centre, I Speaker. cannot talk about it without including Martha’s name. Mr. Speaker, with some regret I also wish to And I have to learn that she is not there working any- associate with the condolences for the family of Ms. more. And I just want to commend the Family Centre. Phillipa Bassett, who was actually a constituent of And I think Sandy [DeSilva] is going to take over the mine and a family friend. She and her deceased hus- role that Martha had. But I hope that they continue to band, “Tab” Bassett, were family members. So I had grow by leaps and bounds. And I hope that we contin- an opportunity to have discussions with Ms. Bassett ue to support them as an organisation and as a chari- over a number of years. And I can certainly say that it ty. took me a while to realise that she was actually a I partnered with Martha at the beginning of the teacher, because all of her discussions with me were pandemic to assist her in helping families in need. instructional. So I certainly will miss her. And I send And we raised quite a bit of money to help people. special condolences to her son, Richard, as he and I And I will continue to do so. So I wish her well in her were colleagues at Cable & Wireless in an earlier life. retirement, and I thank her for all that she has done And so to her siblings as well. for Bermuda. Mr. Speaker, changing gears, I would like . . . Thank you, Mr. Speaker. I had a phone call earlier this week from a lady. And, you know, as Members of the House we get lots of The Speaker: Thank you, Deputy Opposition Leader. phone calls. And I did not recognise the lady’s voice. Does any other Member wish to speak? But she told me her name was Helen Bartley, and from the name, I knew she was not one of my constit- Mr. Dennis Lister III: Yes, Mr. Speaker. uents. But anyway, she was very excited, telling me about the accomplishments of her granddaughter, The Speaker: Continue, Member. Tamia Place who graduated with the graduating class of CedarBridge 2020. She was actually the Valedicto- Mr. Dennis Lister III: Good morning, all. rian. And her grandmother spoke very, very highly of her. And the penny did not drop until I realised that The Speaker: Good morning. she mentioned her parents are Bryce and Carlene Place, because they are actually constituents of mine Mr. Dennis Lister III: Mr. Speaker, I just have a few up in Khyber Heights Road. So I certainly would like to short— congratulate Tamia, because actually I understand previously she was elected Miss CedarBridge. And The Speaker: It sounds like the MP from constituency having graduated now from CedarBridge, she has 28? been accepted at Georgia State University. So I wish her all the best, and I look forward to her coming back Mr. Dennis Lister III: Yes. and taking her place amongst other graduates coming back to Bermuda. The Speaker: We hear your voice; we do not see And, Mr. Speaker, I would like to also associ- your picture, MP Lister. ate myself with the birthday wishes for Edwin Wilson. Thank you very much, Mr. Speaker. Mr. Dennis Lister III: Oh. Okay. I just have a few short comments. I would just The Speaker: Thank you, MP Tyrrell. Thank you. like to send condolences to the family of Ms. Phillipa th Bassett, of 34 Pearman’s Hill, in her 86 year, with Mr. Hubert (Kim) E. Swan: Mr. Speaker. condolences to her family. Bermuda House of Assembly Official Hansard Report 3 July 2020 4347

The Speaker: MP Swan, that sounds like you. The Speaker: Thank you, Member. Your time has expired. Mr. Hubert (Kim) E. Swan: Yes. Would any other Member like to speak this morning? The Speaker: MP Swan, continue. Hon. Jeanne J. Atherden: Mr. Speaker. Mr. Hubert (Kim) E. Swan: Yes. Good morning, Mr. Speaker. Mr. N. H. Cole Simons: Yes, please. Yes, please.

The Speaker: Good morning. The Speaker: Ms. Atherden, I recognised your voice that time. Mr. Hubert (Kim) E. Swan: Mr. Speaker, I would like to be associated with the condolences sent out to the Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Bassett family. And I would also like . . . I would like to Hopefully, you can see me. recognise and say thank you to the PGA of America, whose first female President, Ms. Suzy Whaley, from The Speaker: Yes. We hear you, but do not see you Connecticut, is certainly very familiar with Bermuda. yet. They made a historic announcement acknowledging an event, a disastrous event in their his- Hon. Jeanne J. Atherden: Okay. Okay. Do you want tory, where the Caucasian-only rule was in place in to see me? You have seen me before. the PGA, in the Professional Golfers Association of America, which impacted events like the Masters, the The Speaker: The point is that we should see you US Open and other major professional golf events. when you speak, yes. The Horton Smith Award was rescinded because, as a former president, but also as a former Masters Hon. Jeanne J. Atherden: Let us see if it will come Champion, he associated very significantly . . . he and up then. others associated very significantly with that terrible rule that was in place. The Speaker: Keep talking as you are adjusting it. I am encouraging those in authority, whilst I thank the President, Ms. Whaley, for what she has Hon. Jeanne J. Atherden: Okay. All right. Hopefully, done in her role in leadership to bring about this it will set. Okay. recognition, to also recognise those who were denied their opportunity to even compete in the same Mas- The Speaker: Yes. There you go. Continue. ters that Horton Smith played in. No less than Louis Rafael “Kid” Corbin, who through, Mr. Speaker, the Hon. Jeanne J. Atherden: Mr. Speaker, I would like good work of Dr. Jeffrey Sammons, Professor at New to be associated with the congratulatory remarks to York University, whom I know you have had the op- Martha Dismont. I mean, as far as I am concerned, portunity to meet, has unearthed that Mr. Louis Rafael Martha is one of those individuals who, although she “Kid” Corbin from St. George’s was one of the main says she has stopped working, she never has and forerunners to the end of this Caucasian-only rule. never will. And Bermuda has been very fortunate to When he passed in 1951, he had played in major have had her out there not only working for children in championships like being the first person of African the beginning, but also for families. And Dr. Sandy descent to play in the Canadian Open and other tour- DeSilva, who is taking over from her, I am sure will naments only because of his forthrightness and tenac- carry on her tradition. ity, and he was able to help break down that barrier. I would like also to have best wishes sent out He and persons like Herman “Tucci” Bas- to Nydavyah Williams and also to Kirk Wilks, Jr., the come, Earl Anderson, Leonard Jones, Bill Pitt Sr., the two soldiers who were injured. I just want them to Lowe Brothers (Earl and George Lowe) and others in know, especially Nydavyah (whom I know well and Bermuda, need to be equally recognised along with who is a friend of my grandson’s) that Bermuda wish- other Americans and other persons from the African es them well. And we would like to think that, as we community who were denied their opportunity, and go forward, we will do something better to make sure take a page out of what major league baseball has that we take care of ourselves. And we respect the done and the leaders around America recognising the laws. 100-year anniversary of the Negro Leagues where But thank you very much, Mr. Speaker. those packed stadiums of Blacks-only because there was a rule and a culture and a systemic system that The Speaker: MP, thank you for that. prevented Blacks from competing equally, economi- And on that note, I would just like to have the cally and professionally. entire House associated with—

Bermuda House of Assembly 4348 3 July 2020 Official Hansard Report

[Crosstalk] messages at the graduations, and I am sure that our young people will have their path . . . they will be on An Hon. Member: Yes. their paths to success. Again, I also send support and congratulations to the teachers for the work done to The Speaker: Not only the House, but Bermuda. To date. hear of how those young men were injured in trying to Martha Dismont is in a world of her own, [a carry out their duties on behalf of all of us, best inter- world of] social justice and supporting families in Ber- ests [INAUDIBLE]! So the whole House will be asso- muda. It is unbelievable. And I wish her all the best in ciated. her retirement, but as was said, she is not going to Would any other Member wish to speak? retire. I am sure she has other projects on the horizon because she is a person committed to supporting our Mr. N. H. Cole Simons: Yes, please. people and supporting the development of young people. So I would like to be associated with that. Mr. Rolfe Commissiong: Yes, Mr. Speaker. Thank you, Mr. Speaker.

Mr. N. H. Cole Simons: A couple of us. The Speaker: Thank you, MP. And the other voice that I heard before was The Speaker: I hear Mr. Simons, and then Mr. Com- MP Commission. missiong. MP Commissiong, would you like to make Mr. Simons. your comments now?

Mr. N. H. Cole Simons: Yes. Thank you, Mr. Speak- Mr. Rolfe Commissiong: Thank you, Mr. Speaker. er. Mr. Speaker, if I may very quickly, I was I would like to send congratulatory remarks to heartened to hear the comments by Opposition Mem- a young Emmanuel Smith. He is a data scientist living ber Jeanne Atherden with respect to those young men in the UK. And he recently joined Envelope Risk. He is who were horribly injured, particularly Mr. Williams. I doing great things. I thought I would showcase the remember my wife and I taking a short walk on the achievements of Bermudians overseas. He has a Harbour Road, and during the time of the so-called master’s degree from Bristol University in machine lockdown. And I remember commending these young learning, high performance computer and data mining. men on the job they were doing at the checkpoint near He is going to be a star, and he is building his own Belmont on Harbour Road. And you could see the reputation and is an upcoming specialist who has reaction from it. They were so happy to know that they been recognised by Great Britain and people in that were being appreciated. space. So I wish him all the best, and [want to] let him But, Mr. Speaker, more particularly to this part know that Bermuda supports him. of our agenda, I just want to offer condolences to the I would like to also send congratulatory re- family of Henry De Silva, Bermudian, quintessential marks to Rowan Vickers. He has a theatre company Bermudian who passed away hundreds of miles from called The Venture [Project]. He will be teaching a his beloved homeland of Bermuda, in Virginia. He was drama programme for all middle school and high the father of the police officer Don De Silva, Detective school students this summer. So I wish him all the Don De Silva; Louis De Silva; Andrea Felder; Norman; best. Again, the arts do a great job in trying to help Jennifer Caines; Carl De Silva; Sherry De Silva; Terri develop our young people and make them good citi- Smith— the names go on. And we are related in terms zens. So I thought I would give him recognition. Ro- of my wife, through my wife’s family with him and his wan is a young Bermudian. He is committed to the offspring. And it is a tragedy to know that he passed arts, and he is committed to bringing people along away after a struggle with illness over the last couple with him. He has done well on Broadway, and he just of months. And my heart goes out to his family and his comes back to share his experiences with our young numerous offspring. And I know that they are feeling it Bermudians who are interested in the arts. at this time. I would like to associate myself with the com- We have so many of our people who live ments made in regard to Mr. Edwin Wilson. Mr. Wilson overseas and have been there for generations. His taught me at Sandys. He was a no-nonsense teacher, daughter, who we are very close with served in the but had a great heart. And he was committed to edu- US military, along with her Bermudian husband, both cation. So I wish him all the very best on his birthday. born in that sort of Cleveland County/Harrington I would like to associate myself with the com- Sound area. And I know they are feeling it right now. ments made in regard to the senior schools’ gradu- So our hearts go out to them. ates. They have all had a trying year, but they have all Thank you, Mr. Speaker. come through. They have achieved success and are on their way despite the challenges of COVID-19. And The Speaker: Thank you, MP Commissiong. they are committed. The speakers gave very sound Bermuda House of Assembly Official Hansard Report 3 July 2020 4349

Mr. Christopher Famous: Mr. Speaker. I would like to recognise the . . . Is it MP Furbert? Ms. Furbert, would you still like to make a The Speaker: Yes. Honourable Member, you have contribution? the floor. Honourable Member Famous. Mrs. Tinee Furbert: I just want to send condolences Mr. Christopher Famous: Yes. Good morning, sir. to the family of one of my beloved constituents, Ms. How are you? Good morning, House. Ida Young, who passed this past week. This is the Mr. Speaker, can you hear me? sister of Kenyatta Young. I am just sending condolences to her children, siblings, grandchildren, and the The Speaker: Yes. I can hear you, sir. Ferguson Park area out there in Southside. Going to miss her greatly. She would not ever let me leave her Mr. Christopher Famous: I would first like to give Ferguson Park without seeing her. So a very—also a condolences to the family of Mr. [Randall O’Brien] great supporter of the Progressive Labour Party––so, King, a local taxi driver who passed away recently. condolences go out to her family. And just wanted to let them know that I am thinking of them at this time. The Speaker: Yes. Also wanted to take the opportunity because there were many businesses that had tried to spread Mr. Christopher Famous: Also want to give con- their wings and open prior to COVID-19. And I think gratulations to the new Government of Anguilla, Prem- that it is important that we acknowledge businesses ier Mr. Webster; the re-elected Government of St. Kitts and entrepreneurs who open up in our country and and Nevis, our home country, Prime Minister Harris. throughout our economy so that people know about Congratulations to the Class of 2020 from our successes. alma mater, Berkeley Institute; and the Class of 2020 And I would just like to send congratulations from CedarBridge. out to Nekeisha Cameron who has opened up a Black I want to give special congratulations to my bookstore by the name of The Griot. And I know in our little cousin, Ms. Tamia Place. Mr. Speaker, I will just history we have had many Black bookstores that we read out a few things. Ms. Tamia Place won the PTSA can shop at. And when I say “Black bookstores,” what Shield for Bermuda’s highest GPA. Bermuda’s Sec- I mean is that there are books there of our Black histo- ondary Valedictorian, the Gavel Club Award under the ry. So I just want to send a shout-out to them, and auspices of the Toastmasters Club. She is one of four congratulations to the Griot for taking this step and persons receiving this award. The English Language opening up throughout this COVID-19 period. Arts Achievement Award, one of two persons receiv- Thank you, Mr. Speaker. ing this award. The Danielle Richards Award for Ex- cellence in Accounting. The Temar Richards Math The Speaker: Thank you, Honourable Member. Award, student who most excelled in math. And the Does any other Honourable Member wish to Deloitte Limited High School Award. I would like to speak? really reiterate that this young lady comes from a strong family. Her grandmother is Ms. Helen Bartley, I Mr. Scott Simmons: Mr. Speaker. think you know her. And she said to tell you, Make sure I wear my blue-and-blue today, sir. So, thank Hon. E. David Burt: Mr. Speaker. you. Mr. Scott Simmons: Yes. The Speaker: Normally Ms. Bartley and I get along very good. But I am going to comment to her about The Speaker: Premier, I see you in front of the cam- that. era. Were you the one?

Mr. Christopher Famous: Well, she is right up there Hon. E. David Burt: I can speak if you will, Mr. by Dr. Cann Park. Speaker.

The Speaker: Yes. The Speaker: Yes.

Mr. Christopher Famous: But anyway, so I thank you Hon. E. David Burt: Thank you, Mr. Speaker. very much. And I also want to give thanks to the Mr. Speaker, I would like to first associate young men. The young man Wilks actually is one of myself with the condolences to the family of Mr. [Ran- my constituents. And his brother-in-arms, they grew dall] King. And certainly recognise the Opposition up together. Mr. Williams is on the mend; his mother Leader, including him in that, as I know that Mr. King says he is on the mend. So, thank you, sir. was a relative of his. Also, I would like to ask the House to send a The Speaker: Thank you, MP. letter of condolences to the family of Mr. Avantae Wil- Bermuda House of Assembly 4350 3 July 2020 Official Hansard Report liams, who tragically lost his life in a water accident Mr. Scott Simmons: Yes, good morning, Mr. Speak- this weekend. Mr. Williams was a constituent of mine, er. Mr. Speaker. I had stopped by to visit the family after I would like to join the Premier in acknowledg- last evening’s press conference to offer my condo- ing the graduations of so many of our students lences to his mother, Antoinette, his father Terrence throughout Bermuda and the job that they have done, and his brother Antoine. And we express and extend congratulating them on their graduation services that thoughts and prayers to Mr. Williams’s family and they had in whatever form during this very difficult friends. And as they mourn his passing, may he rest in time, and wishing them the very best in all of their fu- peace. ture endeavours. Mr. Speaker, I would like to associate myself Also, Mr. Speaker, I would like to with the congratulatory remarks given by Honourable acknowledge and send out congratulations to Mr. Nel- Members to all public school students who participat- son Ible, who celebrated his 60th birthday yesterday at ed in graduation or school-leaving ceremonies over his celebration. And we would like to give him firm the past several weeks. I would also like to specifically congratulations. Mr. Speaker, Mr. Ible—and I can highlight the recent graduations held by our two public acknowledge also his brother Monte—are very in- high schools, the Berkeley Institute and the Cedar- strumental in our commercial fishing industry, in our Bridge Academy, with congratulations to the Class of charter fishing industry in Bermuda. Many of us 2020, with best wishes to the students in their future throughout the community have extensive knowledge endeavours. in the commercial [sector]. And I can say that Mr. Nel- Our public school educators, of course, de- son Ible was instrumental in instructing me and show- serve to be highlighted and commended as well. In ing me in the charter fishing industry. And I appreciate the midst of a global pandemic, they invested their him in the work that he has done just with me, and time and resources to ensure our students successful- also with many, many, many others in sharing his ly completed their final year, Mr. Speaker. And I want knowledge and sharing his ability in that area and en- to thank all of our teachers for their service. And con- hancing us all as we serve the people of Bermuda. gratulations again to the Class of 2020. Thank you, Mr. Speaker, and acknowledging Finally, Mr. Speaker, I know it has probably him. Thank you. been done in some way, shape, form and fashion before, so I hope that you will not rap my knuckles too The Speaker: Thank you, MP. hard. But last weekend the Minister for Community Does any other Member wish to speak? Affairs and Sports and I participated in a drive-through celebration for the trophy presentation for the BFA Hon. L. Craig Cannonier: Mr. Speaker. [Bermuda Football Association] League Champions. And at this time I wanted to at least extend officially to Ms. Susan E. Jackson: Yes, Mr. Speaker. all of the league champions—I think we may have recognised some already. But I ask that the Honoura- The Speaker: Yes. Is that Opposition Leader? Hon- ble House do send a letter of congratulations to the ourable Member, you have the floor. teams involved. And I will associate all Members with this. Hon. L. Craig Cannonier: Yes. Thank you. I am just First, the Premier Division Champions, the trying to make sure my camera is on. North Village Community Club; the First Division Co- Champions, Devonshire Colts and St. George’s Colts; The Speaker: Yes. We see you this morning. the Under-17 Champions, PHC [Zebras]; the Under- 15 Champions, Warwick Archer Bows; and the Under- Hon. L. Craig Cannonier: Thank you very much, and 13 Champions, Next Generation Onions. And I would good morning to everyone. hope that the House would send an appropriate note I would like to echo the sentiments in relation of congratulations to those fine football clubs. to the fine work that the Regiment has and continues Thank you, Mr. Speaker. to do. It was a shock for all of us, I know, to hear of the disturbing news that took place just a few days The Speaker: Thank you, Premier. ago. And so I just want to add my support to the Ber- MP Simmons, I think you were trying to get in muda Regiment and its efforts to keep Bermuda safe. before the Premier just now. Would you like to make I have two condolences that have been men- your comments? tioned, and I want to echo sentiments to these two individuals. One, first of all . . . both of them actually Mr. Scott Simmons: Yes, Mr. Speaker. Good morn- were unforgettable once you met them. And the first I ing, sir. will say is Randy King, a very close cousin. I declare my interest to say this was my mother’s first cousin. The Speaker: Good morning. And unfortunately, he passed away. And we will surely miss him. He was a long-time member of St. Bermuda House of Assembly Official Hansard Report 3 July 2020 4351

George’s Cricket Club, and many of us would say and that she continues to give her advice and her time once you met him, That was a piece of work. You so that the next generation of people in the communi- would never forget meeting Randy. And so he will be ty, especially in the third sector, will follow in her foot- definitely a miss to us. steps. Thank you, Mr. Speaker. On the other hand, also I would like to echo the sentiments and declare my interests. Ida Young, The Speaker: Thank you, Honourable Member. who has passed away, as just has been said, she was Does any other Honourable Member wish to a sister, the younger sister of Kenyatta Young. And speak? again declaring my interest as far as family is concerned, that is my wife’s auntie. My wife’s father was Mr. Scott Pearman: Mr. Speaker, [its] MP Pearman. the eldest of those Youngs. And she will be sorely missed. When I first met her, you know, she was like, The Speaker: MP Pearman, you have the floor. Who’s this boy from St. David’s? type of thing. And here I am sitting down with her brother, Kenyatta, and Mr. Scott Pearman: Thank you, Mr. Speaker. I am herself and listening to a huge amount of history that not sure if you can see me on the camera. There we they had about the labour movement and how we are. have gotten and progressed to where we are today. So I am grateful for her life and will never for- The Speaker: Yes. We can see and hear you, yes. get the many, many, many, many chats that we have had. In fact, I have in my possession many memora- Mr. Scott Pearman: As the Honourable Deputy bilia from Kenyatta and the many marches and many Leader said earlier, she could see her, but we could pushes towards equalising and looking for equity not see her. But hopefully you can see me. amongst Blacks in Bermuda. I have many of these It has already been said by several other things in my possession. And so again, we lament the Honourable Members, but let me just add my voice of loss of Ida Young, a sister who also contributed to and thanks to Martha Dismont. I have had the pleasure supported the cause. and honour and privilege of serving on the Board of Thank you, Mr. Speaker. the Family Centre, with working with Martha, for the past 10-plus years. And it has been absolutely amaz- The Speaker: Thank you, Honourable Member. ing to me to witness such a formidable person who acts so compassionately and selflessly to try to im- Ms. Susan E. Jackson: Mr. Speaker, I have— prove the lot of everyone on this Island. She is just a fireball. And it is amazing how much she manages to The Speaker: Sounds like the Honourable Opposition get done. A lot of people talk about problems that we Whip. have and solutions that we may develop. But she just Honourable Member, you have the floor. tackles them, gets right in there and does her best. I know that this is not the end of the book for Ms. Susan E. Jackson: Thank you, Mr. Speaker. Martha. She will soon be announcing her plans for her I would like to send out condolences on the future, if she has not done so already today. And I death of Elizabeth Britton. She was in her 92nd year, know that she has shared that with me in confidence. and she was a long-standing member of the constitu- And I know that that will continue to be championing ency 20 in Pembroke South West. She was known for causes in the sector that she cares about so much. So her gentle nature and her generosity, a very, very we are not seeing the end of Martha. And I know we sweet woman. And she will certainly be missed. And will get some more good deeds from Martha. But it she was a bit of a figure in the Mayflower Court really has been a pleasure to work with her and watch Apartment Building. And so I know that there are a her work for the betterment of all Bermudians. number of people who will genuinely miss her. Thank you, Mr. Speaker. I would also like to be associated with the congratulatory messages to Martha Dismont on her The Speaker: Thank you, MP. 30 years with Family Centre. I have worked with Mar- Does any other Member wish to speak? tha not so much on frequent occasions, but in the few Deputy? times that I have worked with her they have become very long-term and in-depth cases. And if I ever Hon. Derrick V. Burgess, Sr.: Yes. worked with anyone with more generosity of her time, her advice, of resources to assist in particular our The Speaker: We recognise the Deputy Speaker. young Black males who are suffering from trauma and trying to make a go of it in Bermuda, she certainly is a Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I would figure in Bermuda for spearheading and being a lead- like to be associated with the remarks concerning er in that area of support. So I certainly hope that she Randy King, a member of the Midland Heights Sev- does continue her philanthropic activities in Bermuda enth-day [Adventist] Church down there in Hamilton Bermuda House of Assembly 4352 3 July 2020 Official Hansard Report

Parish. And I am sure the church and its family will PUBLIC SERVICE SUPERANNUATION sorely miss him. TEMPORARY AMENDMENT ACT 2020 Mr. Speaker, I would like to be associated also with the remarks concerning the graduation of NATIONAL PENSION SCHEME (OCCUPATIONAL our high school, middle school and elementary school PENSIONS) AMENDMENT (NO. 2) ACT 2020 graduates, and also those who attended school, universities overseas and who have graduated. We cer- TRUSTS (SPECIAL PROVISIONS) AMENDMENT tainly congratulate them all. ACT 2020 Also, Mr. Speaker, I would like to be associated with the remarks concerning Edwin Wilson, who REGISTRAR OF COMPANIES (SUPERVISION AND has been a resident in Hamilton Parish for over 20 REGULATION) ACT 2020 years. And I can recall most recently—well, what I call recently, his last job was the Labour Relations Officer. INSURANCE AMENDMENT ACT 2020 And I can tell you that I think that Edwin Wilson was the best labour relations officer that this country has Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. ever had. Again, happy birthday, cousin Edwin Wil- I am introducing the following Bills for their son. first readings so they may be placed on the Order Pa- per for the next day of meeting: The Speaker: Thank you, Deputy. • Ministers and Members of the Legislature Does any other Member wish to speak? (Salaries and Pensions) Amendment Act No other Member? We will move on to the 2020; next item on the Order Paper. • Public Service Superannuation Temporary Amendment Act 2020; MATTERS OF PRIVILEGE • National Pension Scheme (Occupational Pen- sions) Amendment (No. 2) Act 2020; The Speaker: There are none. • Trusts (Special Provisions) Amendment Act 2020; PERSONAL EXPLANATIONS • Registrar of Companies (Supervision and Regulation) Act 2020; and the The Speaker: There are none. • Insurance Amendment Act 2020. Thank you, Mr. Speaker. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE [Pause] ON MATTERS OF URGENT Hon. Curtis L. Dickinson: Mr. Speaker, you are on PUBLIC IMPORTANCE mute.

The Speaker: There are none. The Speaker: Sorry. Minister Furbert, the last Bill to be introduced INTRODUCTION OF BILLS this morning is yours in reference to the Parliamentary Act. Would you like to introduce your Bill now? GOVERNMENT BILLS FIRST READING The Speaker: Members, today we have seven Gov- ernment Bills to be introduced. And I will call on the PARLIAMENTARY ELECTION AMENDMENT Minister of Finance to introduce his Bills. I believe the ACT 2020 majority of them are his. So, Minister of Finance, would you like to take Hon. Wayne L. Furbert: Thank you, Mr. Speaker. this moment to introduce your Bills? Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the FIRST READINGS Order Paper for the next day of meeting: the Parlia- ment Election Amendment Act 2020. MINISTERS AND MEMBERS OF THE LEGISLATURE (SALARIES AND The Speaker: Thank you, Honourable Member. PENSIONS) AMENDMENT ACT 2020 OPPOSITION BILLS

The Speaker: There are no Opposition Bills.

Bermuda House of Assembly Official Hansard Report 3 July 2020 4353

PRIVATE MEMBERS’ BILLS fees which in certain cases were to be reimbursed to the applicant. Honourable Members will recall that the The Speaker: No Private Members’ Bills. regulations called for a casino licence application fee of $600,000, a provisional licence issue fee of $1.4 NOTICE OF MOTIONS million and a licence fee of $1 million. Mr. Speaker, that is $3 million payable before the first dice are The Speaker: No notices of motions. rolled or a card is dealt. Mr. Speaker, the rationale for the imposition of ORDERS OF THE DAY such onerous financial requirements is likely to have been threefold: firstly, to ensure that fly-by-night operations were discouraged from entering the industry to The Speaker: This now brings us to the first item on the prejudice of Bermuda’s need to maintain high lev- the Orders of the Day. And the first item today is the els of industry in the anti-money laundering and anti- consideration of the Casino Gaming (Casino Fees) terrorist financing arena. Secondly, the fees are to be Amendment Regulations 2020. It is in the name of the paid into the commission and are meant to support Premier. the various regulatory functions and operations. Third- Premier, would you like to introduce this set of ly, Mr. Speaker, these fees also provide the financial Regulations? Well, not introduce, but present your support for training for Bermudians entering the gam- matter for debate. ing industry and critical support to the Problem Gam- ing Council. REGULATIONS Mr. Speaker, what these regulations did not have was an ability of either the commission or the CASINO GAMING (CASINO FEES) AMENDMENT Minister responsible for gaming to consider economic REGULATIONS 2020 changes which would impact the ability of an investor or prospective casino operator to meet the strict fees Hon. E. David Burt: Thank you, Mr. Speaker. required. The Amendment Regulations before the Mr. Speaker, I move that consideration be House now include that ability. given to the draft Order entitled the Casino Gaming Mr. Speaker, Honourable Members will note (Casino Fees) Amendment Regulations 2020, pro- that the regulations propose that the Minister respon- posed to be made by the Minister responsible for sible for gaming may on application in writing by the gaming and exercised in the power conferred by sec- commission waive or defer payment of a fee under the tion 196 of the Casino Gaming Act 2014. regulations in whole or in part for a specified period with respect to a specified person or class of person in The Speaker: Are there any objections to the Premier exceptional circumstances. Mr. Speaker, the new continuing? Regulation [12(7)] defines “exceptional circumstanc- No objections. Premier, continue. es,” and it will not surprise Honourable Members to know that these include where a state of emergency Hon. E. David Burt: Thank you very much, Mr. has been declared, or a public health emergency has Speaker. been declared, or in the event of hurricane or an event Mr. Speaker, I am pleased to invite this Hon- which significantly and negatively impacts a sector of ourable House to take under consideration the Casino the economy or the community in Bermuda. Gaming (Casino Fees) Amendment Regulations 2020. Mr. Speaker, in this pandemic recovery peri- These regulations provide the Minister responsible for od, Bermuda will distinguish itself in a crowded mar- gaming the authority to waive and to defer the fees ketplace clambering for investment by demonstrating prescribed under the regulations. flexibility and speed. We must anticipate the needs of Mr. Speaker, since the Green Paper on Gam- investors and do what we can to keep existing inves- ing for Bermuda 2009, we as legislators and the wider tors at the table. We must also inspire confidence in community have wrestled with what gaming could rep- those who are looking to invest in Bermuda. resent for Bermuda. In the intervening decade, Mr. Adding this authority to waive and/or defer the Speaker, to say that the economic and tourism land- payment of fees takes into account the very real eco- scape of Bermuda and the world has changed would nomic reality that has befallen the world as a result of be an understatement. Whatever gaming may have the coronavirus pandemic. This is the kind of clear been, it does not on its own represent the sea change signal that we are determined to send, that we are required to boost tourism or this economy. It is, how- open and accessible, reasonable and determined to ever, one of those things that must be pursued, de- fulfil our mandate to the people of Bermuda using our veloped, properly regulated and managed as part of best efforts. any recovery we hope to advance. Mr. Speaker, the additional amendment pro- Mr. Speaker, the original regulations were posed to be made by these regulations will retain the made in March 2017 and created a regime of fixed allocation of funds to the two critical areas that this Bermuda House of Assembly 4354 3 July 2020 Official Hansard Report

industry must also support. Rather than ascribe fixed agree with the Premier that we must demonstrate flex- amounts in these areas, Honourable Members will ibility and speed, and I appreciate the need to be nim- note that 10 per cent and 15 per cent of the provision- ble in our legislation in order to adapt to the changes al licence fee, respectively, has been proposed to to our environment. And it is important that we get fund the training of Bermudians in the industry and the investors here, we anticipate the needs of the people Problem Gaming Council. This is proportionate with who want to invest in Bermuda and do what we can to the fixed sums previously set under the 2017 Regula- keep those investors in Bermuda and putting their tions. money in our country. And keeping them at the table Mr. Speaker, as I quote, “Today’s debate is is not going to be an easy job. not a debate on gaming. This is not a debate on the But we also have to ensure that as we are Bermuda Casino Gaming Commission. This is not a looking to keep these investors here, that we have to debate on the merits of the integrated resort model or have immigration reform and we have to be welcom- any of the other issues which have been canvassed ing not only to the money of the investors, but to the extensively in previously debates in this Honourable investors themselves. House. This, Mr. Speaker, is a debate about the The Premier said recently in an article in the change required to ensure gaming can move forward Royal Gazette that his vision is to get casino gaming in Bermuda for the benefit of Bermuda and Bermudi- up and running as quickly as possible. And I agree. I ans. This is a Government changing Bermuda’s repu- mean, the Act came into force in, I think it was 2014. tation as intractable, slow to change and tone-deaf to And we are now six years on, and we are no further market forces. And we will continue to act decisively.” ahead. We do not have an executive director. In 2018 Mr. Speaker, as I commend these Regula- they had advertised three times for an executive direc- tions for the consideration of this Honourable House, I tor; no one has yet come forward to apply for the posi- would invite Honourable Members to recall the al- tion. We have been sustaining the Gaming Commis- ready-challenging tourism environment during which sion, paying rent and salaries and maintaining over- gaming was advanced by the previous Government. head. And we are no further ahead in actually getting That environment has significantly worsened as a re- gaming going in Bermuda. sult of the coronavirus pandemic. Any true developers’ So my question is, you know, we continue to continued interest in the revised business model develop a regulatory framework around gaming. But should be supported, and with the change we make will it become a reality or are we taking a gamble and today we acquire the ability to do just that. Thank you, just putting money in a black hole for something that is Mr. Speaker. just not going to happen? And I know the Premier has said that this is not a debate about gaming and the The Speaker: Thank you, Mr. Premier. Gaming Commission and banking proceeds and Does any other Member wish to speak? things like that. But you cannot separate them out. I mean, Ms. Leah K. Scott: Yes, Mr. Speaker. Mr. Speaker, I they all have to come together. The truth is that it was cannot . . . anticipated that gaming would be a means of creating employment. And we have not seen that. It is an The Speaker: It sounds like the Deputy Opposition amenity, and it is a tool that can be utilised in our tour- Leader? ism arsenal. But are we going to be able to get it going? I think that is the thing; that is the answer. We Ms. Leah K. Scott: Yes. But I will . . . cannot . . . continue to make laws about and around gaming. But if we are not going to be able to get it going off the The Speaker: We hear you. We see a photo of your ground, then I do not see the sense. And if we are not surroundings. But we do not see you. So as you are going to get that as an amenity and a potential reve- talking, you can try and adjust your camera for us. But nue stream for the country, then what are we going to continue on. do to create jobs? What are we going to do to create a tourism product that is going to attract people to Ber- Ms. Leah K. Scott: Okay. Mr. Speaker, thank you. muda, besides our beautiful pink beaches and our And I thank the Honourable Premier for providing me wonderful service? We have to find something that is with a copy of his brief before the debate. going to make us attractive. I agree with the Premier in that we have to I do not gamble. I do not find gambling to be make changes to ensure that we can create an eco- attractive. I just cannot understand why people actual- nomic environment that people can work in and be ly set aside money to lose it. But people do it. And so, able to survive in in Bermuda. if we are going to create an infrastructure to support it, Mr. Speaker, the times that we are living in then that is great. But we can continue to make rules now were not anticipated. I am sure that nobody ex- and make rules and make rules. If it is not going to pected that we would be living through a pandemic come to fruition, then it is just a waste of time. and that the entire world would be shut down. So I Bermuda House of Assembly Official Hansard Report 3 July 2020 4355

So I hope that with this amendment and with are null and void until we pass the obstacles, address the potential investors who are looking to come to the obstacles and provide infrastructure that truly can Bermuda, that we will be successful. I hope that we support the industry. At this point we cannot support can get an executive director, and I hope that we can the industry because we do not have the tools to do get gaming moving, because it is something that we so. So I would like for the Premier to speak to what is need. going on in that space and what is stopping us other Thank you, Mr. Speaker. than the banking side to deliver the gaming industry. As we said, some of our institutions are ready The Speaker: Thank you, Honourable Member. to do it now. But we as a jurisdiction cannot deliver Does any other Honourable Member wish to because we have not provided a solution to the bank- speak? ing side of the industry. None? Premier, would you like to— Thank you, Mr. Speaker.

Mr. N. H. Cole Simons: Hello, Mr. Speaker. The Speaker: Thank you, Honourable Member. Does any other Honourable Member wish to The Speaker: I am sorry. speak?

Mr. N. H. Cole Simons: This is Cole. Hon. Jeanne J. Atherden: I do, Mr. Speaker.

The Speaker: Cole, I hear you. We never got to see Hon. Michael H. Dunkley: Yes, Mr. Speaker. you this morning, though, you know. You have not got your camera sorted out yet. But— The Speaker: Yes. MP Atherden, your voice came across first that time. Mr. N. H. Cole Simons: It works. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. The Speaker: While you are speaking to us . . . There Are you able to see me now? I must make sure that I you go. Good. All right. get it properly.

Mr. N. H. Cole Simons: I would like to follow up on The Speaker: I can hear you; I still do not see you— what my colleague has just said. At the end of the day, you know, we are about investment. We are Hon. Jeanne J. Atherden: Can you see me? about improving the tourism product. And we are about ensuring that gaming is an amenity. But I think, The Speaker: Now we see you, yes. as she said, the legislation came into being in 2014. And we are here six years later, and we have still not Hon. Jeanne J. Atherden: Okay. So, Mr. Speaker, I got an industry up and running. And we could, you guess my question on this, and it takes off from where know, make all the rules we want. But the question my colleague Cole Simons spoke. When I saw that now becomes, Can Bermuda deliver on gaming? At casino gaming was going to transfer to the Premier, I the end of the day, we still are not positioned to sup- thought that meant there was going to be some action port that industry because we do not have all the tools because the Premier had always talked about this in gaming to make it work yet. We have not jumped all being an industry which was going to be very im- of the hurdles to make gaming in this country opera- portant to Bermuda. And I am disappointed that this tional. just has to deal with money and has to deal with fees, And he is wondering, What am I talking with no indication as to when anything might occur. about? We have spoken about it before. And that is I am reflecting back on the fact that before the banking side, because gaming involves money. there was an indication that there would be opportuni- Gaming involves shifting money around the world. ties for people to be trained, people could end up, you And therefore, we need to have the infrastructure to know, becoming people who would not only work into support that. I listened intently to the Premier’s com- the industry, that there was the opportunity for people ments, and I thought he would have basically pre- with respect to management, et cetera. And we keep sented some information and an update on what he talking about our tourism industry, and we keep talk- thinks of where Bermuda stands on getting a banking ing about having new attractions to offer our tourists. solution for this industry, because if we cannot get that Bearing in mind that we are going to now go solution, the industry will not be going anywhere. It will into this new normal, I just would like to think that the not be going anywhere! Premier would tell us, what is the hold up? What is I know the banks are having challenges, but I causing us not to be able to roll this out and say to the also know that the banks are working on trying to find people, especially the people who are building hotels a solution. But at the end of the day, we cannot deliver . . . we have the hotel down in St. George’s. And eve- on this industry. And all the frameworks, all the rules rybody is sort of saying, Okay, there was the belief Bermuda House of Assembly 4356 3 July 2020 Official Hansard Report that a hotel would open up. There would be gaming. Mr. Speaker, any changes that we make to That would be really great for St. George’s with re- the legislative framework surrounding gaming is inex- spect to the trade-off, or the extended economic ac- tricably intertwined with all of those issues that the tivity. And we have not heard anything other than the Premier has just indicated that this debate is not. And fact there is some change in fees. I realise that the debate surrounds the changes that I know that you have to talk about what would are being made in the fee structure and the likes, and happen with respect to COVID or any other health to show that we are nimble and to put us in a position disruption. But to me, I was expecting to hear some- of being able to respond when the call is made by the thing that was going to say, These are the fees be- respective stakeholders. But, Mr. Speaker, it is im- cause now we are going to start. We have a way to portant to understand that the one thing about legisla- introduce gaming here, and we are putting some new tion is that all motion is not progress. This legislation fees in place so that people can say, Oh, great! I have today is motion; it is not necessarily progress. We got the opportunity now to get into this new industry. cannot make progress in this field, Mr. Speaker, no So, as my colleague Cole Simons said, and I matter how nimble we are, if the various portions of am sure others will say, it is in the Premier’s lap. We the infrastructure and the overarching conditions are are expecting to hear something more about how it is not put in place. going to start and some indication of preparation. Be- So while I applaud the idea of trying to appear cause even if it were to start next month, I know that that we are not tone deaf and that we are not slow to training for some of the jobs in there takes longer than market forces and that we will continue to act deci- that. I know that there are infrastructure, training. And sively. Mr. Speaker, what the Premier is really saying not enough has been said about any of that for a long in his brief is, Don’t look at our failures. Look at our time. So I would like to think that the Premier would intangible aspirations. And I do not know if that is tell us what is holding it up and give the people of good enough, Mr. Speaker, for the people of Bermu- Bermuda some realistic indication of when he thinks da. And what I am suggesting is my support for the that this industry will actually come to Bermuda. comments that have been made by my honourable Thank you, Mr. Speaker. colleagues who have spoken before me in terms of, there is nothing wrong—if this is the intent—to contin- The Speaker: Thank you, Honourable Member. ue down this path in respect of gaming. We could Does any other Honourable Member wish to have the educational component. speak? See, this is something that we heard about that was being put in place three or four years ago, Hon. Patricia J. Gordon-Pamplin: I do, Mr. Speaker. Mr. Speaker. There is no reason why we cannot at least have it reach that stage in terms of educating Hon. Curtis L. Dickinson: I do as well, Mr. Speaker. people, how their involvement in this industry can be monetised almost at the very moment that the industry The Speaker: Honourable Member Gordon-Pamplin. becomes operational if in fact that does happen. It does not hurt to train somebody. It is always better to Hon. Patricia J. Gordon-Pamplin: Yes. Thank you, be prepared and not required than to be required and sir. not prepared. And I believe that what we have seen thus far The Speaker: Honourable Member, you have the in the movement towards making sure that this is a floor. significant industry which could create significant jobs, that there are things that we as a country have failed Hon. Patricia J. Gordon-Pamplin: Thank you. Thank to do or have been unsuccessful in achieving. And I you, Mr. Speaker. I am not sure if you see me—oh, do not think it is fair for the Premier to come with this here we are, yes. particular legislation, which I understand, and I know Mr. Speaker, I just have to refer to the Hon- exactly what is being done here. But to say, Don’t dis- ourable Premier’s introductory statement on the legis- cuss these things. Let’s just look at what we want to lation that we are doing today and to tie those into the do. You know, it is almost like, you know, Mr. Speak- comments that have been made by my honourable er, when you see Penn & Teller on the stage and Da- colleagues heretofore. The Premier indicated about vid Copperfield on the stage, Mr. Speaker. It is not what today’s legislation is not. It is not, he says, a de- about what you see in the left hand or what you see in bate on gaming, which has been had extensively. It is the right hand. not, he said, a debate on the Bermuda Casino Gam- Let us be honest and forthright and straight- ing Commission. And it is not a debate on the merits forward with the people of Bermuda to say that this is of the integrated resort model or any of the other is- the position. When we come with these kinds of sues which have been canvassed extensively in pre- changes, Mr. Speaker, I do not believe that it is out of vious debates. order for there to be a statement so that the people of Bermuda understand the purpose behind our nimble- Bermuda House of Assembly Official Hansard Report 3 July 2020 4357

ness and our necessity to be nimble in changing the sions when gaming was a part of my portfolio, explain- legislation. So let us give an overarching statement ing the position that we find ourselves in as a country. saying, This is where we are. This is what we are do- The issue then is the issue now. And I will re- ing. This is what we have accomplished. These are call that in 2016, before my venture into politics, it was still our challenges. This is what we are looking for. my bank, my former employer, the Bank of Butterfield, We know that there are hotels. We have peo- who made the Government of the day, the OBA Gov- ple who are investing in infrastructure, in physical ernment, aware that they were going quick, fast and in plant, who had a reasonable expectation to believe a hurry down a path about to crash into a wall be- that once their organisations were able to be up and cause they had not consulted the banks on banking running there would be some support for their expec- the proceeds from gaming. tation that there would be gaming. And right now it is And I took then Minister of Tourism, the Hon- fine to say, We’re not going to charge you the fees as ourable Shawn Crockwell, along with the Executive in when . . . you know, we are going to make sure you Director, Mr. Scheutz, and the Chairman of the Gam- can pay and there could be extenuating circumstanc- ing Commission at that time, Counsellor Alan Dunch, es considered on application. But by the same token, to New York to meet with the Bank of New York, who Mr. Speaker, that is all of no consequence if there is at that point in time had some serious concerns about not something that we can give them to hold onto. gaming in Bermuda. The Bank of New York, for those I underscore, Mr. Speaker, this is not a criti- who do not remember, is the principal correspondent cism. It is just wanting information so that the people bank for Butterfield Bank. And Butterfield’s concerns of Bermuda can say, Is this a legitimate expectation were that if they upset their correspondent, they would that this industry will be up and running? It is fine to run the risk of losing the ability to move money around make legislative changes. It is fine to do all of those the country which is a critical part of our financial ser- things so that we can respond. But what are we re- vices industry. sponding to? What are the challenges that still obtain The notion that Members would be critical of from the commencement of this, of this initiative, amending legislation that makes it more adaptable, probably however long ago it has been until now? more flexible to the participants in the industry is Where do we stand? What are our realistic chances of alarming. One, I recall that the structure of the legisla- finding some kind of solution to the challenges that we tion had a one-size-fits-all approach. have? Now, I certainly can appreciate— So to say that this is not the debate on the Casino Gaming Commission, it is, I respectfully sub- Hon. Patricia J. Gordon-Pamplin: Point of order, Mr. mit. It is a debate on the Casino Gaming Commission. Speaker. It is a debate on gaming. It is a debate on the merits of the resort model. And it is a debate on all of those Hon. Curtis L. Dickinson: I certainly can appreci- things, Mr. Speaker, because without them, the legis- ate— lation that we are debating today will have absolutely zero consequence or economic impact. And what we Hon. Patricia J. Gordon-Pamplin: Point of order, sir. are looking for, Mr. Speaker, is for the Government to Mr. Speaker, I have a point of order. show how they are being efficient and effective with implementing some level of economic activity. And The Speaker: We will take your point of order. changing legislation to say that we are going to manage these component parts of an industry, when the Hon. Patricia J. Gordon-Pamplin: Yes, sir. main thrust has not been addressed, somehow seems to be a futile effort. The Speaker: Your point of order? Thank you, Mr. Speaker. POINT OF ORDER The Speaker: Thank you, Member. [Misleading] Does any other Member wish to speak? Hon. Patricia J. Gordon-Pamplin: Yes. I believe the Hon. Curtis L. Dickinson: Mr. Speaker. Honourable Member, maybe inadvertently, is misleading the House. I do not think that I heard anybody crit- The Speaker: Yes. Continue, Minister of Finance. icise the legislation that is being put forward. What is being criticised is the progression of the structure as Hon. Curtis L. Dickinson: Mr. Speaker, I listened to to where we are. And we have had no report in re- some of the commentary from colleagues and I am spect thereof. Thank you, sir. just astounded. We have a colleague who is a banker, and we have a colleague who is a director of a bank. The Speaker: Thank you. And I have been in the House on a number of occa- Minister.

Bermuda House of Assembly 4358 3 July 2020 Official Hansard Report

Hon. Curtis L. Dickinson: Mr. Speaker, I would re- I appreciate the introductory by the Honoura- mind the honourable colleague of her own recitation in ble Premier and the comments just now from the which she made a point about not being critical, but in Honourable Finance Minister. I think we should be fact was, in my view, critical. And so her point of order clear that we are not critical of this set of regulations. is the subject of her opinion. And I respect as much, What we are critical of is . . . specifically to my point, but I disagree with her. the criticism is around the Honourable Premier’s intro- The reality is that there was a one-size-fits-all. duction today in which the Honourable Premier made And this Government, in making the amendments that the point to state in his brief that this debate was not it is making today, is seeking to be adaptable to the about gaming. participants in the industry. Well, it is all about gaming. Because obvious- One certainly does not criticise the former ly, if we do not have a structure, we do not have an Government for a one-size-fits-all approach, because organisation in place, these regulations that we make in the days that the legislation was initially passed, will not amount to much in that regard. And I will come there was no industry. We now have two participants, back to that more in just a few minutes. at least. And their characters are somewhat different, But in regard to these regulations, Mr. Speak- and their geographies in terms of their businesses are er, we understand and we can appreciate the need for different. And so, to make legislative changes to re- flexibility, as the Government Members have said dur- flect the changing dynamics of each of the participants ing this debate. Certainly, in a world that changes so seems to me to be a wise thing. I am not sure why quickly you need flexibility. Certainly, in a world that anyone would ever be critical of adapting to the indus- now is beset with more difficult conditions that anyone try that we are trying to grow. would have imagined at the beginning of the year you What I will say is this: The banking piece con- need more flexibility. So there is the support for the tinues to make progress. And the progress that has ability, the need, for that flexibility by the Government. been made on the banking piece has all come during I think, Mr. Speaker, in my view what would the duration of this Government’s term. We are close. have been suitable and helpful during this debate But there is still more work to be done. And I would would be for the Honourable Premier and colleagues say that as long as we can get the banks comforta- to give a bit of an overview, a bit of a flavour, you ble—and I think they are comfortable—with a solution, might say in a different way, to what the feedback is the other work that needs to be done is to get their with our potential gaming partners in regard to the correspondents comfortable. And once the corre- flexibility that they need to open their casinos. Be- spondents are comfortable, then we can move for- cause here we are today, we are being asked to sup- ward. port the regulations with a very short brief by the But there has been significant progress, and I Premier. And the brief trying to say to us, Well, stay in have reported on it a number of times in this House. this sandbox. All we are talking about is the regula- And so we will continue to do the work, and we will tions here today. We don’t want to talk about anything look forward to a day when there is gaming in Bermu- else. And so, we have an issue because the more da. detail on what the industry or potential industry part- Thank you, Mr. Speaker. ners need in Bermuda is important. And where we stand generally with gaming is important. The Speaker: Thank you, Minister. Now, in regard to the regulations specifically Does any other Member wish to speak? themselves, Mr. Speaker, I think that colleagues would appreciate and realise that we have a fee- Mr. Scott Pearman: Mr. Speaker. [It’s] MP Pearman. based government. The revenue raised by government is for fees all over, you know, throughout our The Speaker: Yes. community, whether it is land tax or your dog licence or licence for a well, business licences. You know, for Hon. Michael H. Dunkley: Mr. Speaker. everything you pay a fee. That is how government raises its revenue. And the Premier did allude to the The Speaker: Yes. Would you like to speak now? fact in the introduction that he gave a few moments ago that, with these regulations gaming was set up to Hon. Michael H. Dunkley: Yes, Mr. Speaker. But I allow for the industry to be run by the fees that were believe there were two people. So who are you rec- charged to the players within the industry. And that is ognising? correct. That is what we envisioned as the OBA, that we would allow the industry to pay the fees to help run The Speaker: I caught MP . . . the voice I caught loud the industry from the beginning to the end. So not only was your voice, MP Dunkley. to open their casino, but also to deal with problem gaming, to deal with training, all of those types of Hon. Michael H. Dunkley: Okay. Thank you, Mr. things. Speaker. Bermuda House of Assembly Official Hansard Report 3 July 2020 4359

And so I am pleased to see that the Premier spondent banking, but the ability to work with a bank still recognises that this is an appropriate approach. to actually deal with the proceeds for gaming. And now that the Government is going to give them- So, Mr. Speaker, the Premier did not want to selves the flexibility to waive fees or change fees have a debate about gaming, but this is what the Bill through the period coming up, I think it would be ap- is about today. It is about gaming. propriate just what they envision that to be and if they So we have dealt with the banking issue. One envision that the industry will still be able to support other issue that is important, Mr. Speaker, because itself through the fees paid to government. That would obviously we have seen gaming, in my view, become help us, that would bring some clarity to this issue. a hot potato for the current Government . . . a hot po- That would certainly allow us to have a better under- tato in the fact that we have seen a number of differ- standing of the regulations, other than just reading ent Ministers, and now it is back in the Premier’s lap. them on paper. And we wonder how long he can hold onto that hot We know that there are a couple of partners potato. But unless we have a structure and an organi- that are looking to open up a casino. I do not think sation that works for gaming, the industry will not be anything has changed since the time when we were successful. And I think we all know that. But we need the Government, that the hotel in the East End and to stop and reflect on that for just a short minute, Mr. the property in town are interested in that, because Speaker, because, obviously, this is a complicated they were close at that point in time. And we also real- industry. This is an industry that comes with the chal- ise, Mr. Speaker, as the Honourable Finance Minister lenges. This is an industry that could have those who alluded during his short presentation, we realised from want to be less forthright with how proceeds of gam- the very beginning that banking would be a very diffi- ing [are] used take it in a different direction. cult scenario to deal with in gaming. And our approach So we need to have all the checks and bal- at that time, to help make the banking challenge sur- ances in place so this further amenity to our tourism mountable, was that if we had a good framework, a industry can be the success that we all want it to be. good structure in place for gaming, it would be easier Let us face it: We have spent a great deal of time and for correspondent banks to help us get through and a significant amount of money to date on the gaming deal with that hurdle so that our partners in Bermuda industry. We are close enough now where, you know, did have a bank that they could work with. So we al- you might be to see the horizon where you will have ways realised that challenge. some success. We have to get it right. And now, as the Minister of Finance has shift- And so we can take Government at the face ed from [being an employee at] a bank that was inter- value about correspondent banking. And we look for- ested in being a partner to [being] the Minister re- ward for an announcement very soon about who that sponsible, you know, he sees the challenge from a partner will be. But we also, Mr. Speaker, need to see different seat, so to speak, Mr. Speaker. And I am how the structure and organisation are going to work pleased to see that the Honourable Minister says that to be successful because if we are going to have a we are now close and that they have made significant correspondent bank, if we are going to have licences progress. However, we have heard that in statements being issued to casinos, we need to have somebody in the past. We have heard that over the past three who is running the organisation. It cannot be Govern- years. And we have not seen any fruits to a final deci- ment Ministers. Ministers have their place in our sys- sion being made. tem of governance. But we cannot have Government So we will take the Minister at his word, but Ministers interfering with day-to-day activities of some- we look forward to . . . with this significant progress, thing as important as gaming. And that is why the we look forward, Mr. Speaker, to having the Govern- Bermuda Casino Gaming Commission was set up. ment come to Parliament very shortly and say, Yes. So perhaps when the Minister would like to We have found a correspondent bank. Because clear- speak or the Premier wraps up, he can give an update ly, if Government is waiving . . . the potential to waive on our search for an executive director, because this fees to allow them to work with partners to put them in Government has failed in that. It has been three a better position to open their casinos, and with the years, and we cannot find an executive director. May- hotel in the East End due to open next year and the be Government has found one, and they just have not other partner already open at this point in time, it told us yet. But in three years we cannot find an exec- would seem that the sand is coming out of the hour- utive director; it does not sit well with gaming. It cer- glass very quickly and those potential partners in tainly does not sit well with our partners if they do not gaming are going to need that correspondent bank. have somebody responsible at the Bermuda Casino And so while we will pass the regulations here Gaming Commission that they can go to on a day-to- today (whether the Opposition supports it or not be- day basis with any questions or any concerns, or any cause we do not have any numbers to make a differ- initiatives that they would like to launch. ence), it is clear that there is a timeline approaching So I would ask that the Premier give an up- very quickly where potential partners in gaming will date on where we stand with an executive director. need to see not only significant progress in corre- Bermuda House of Assembly 4360 3 July 2020 Official Hansard Report

And so, having a proper structure is important, Mr. The Speaker: We hear you, but do not see you. But Speaker. An executive director is a key part of that. we hear you right now. And I guess the last thing that I would just like to touch on a little bit, because the Honourable Prem- Mr. Scott Pearman: I can get you to see me. Here we ier did say that this is not a discussion about the mod- go. el that we are using. And I have read his brief very quickly that it is not a debate on the merits of the inte- The Speaker: There you go. grated resort model or any issues previously canvassed in this Honourable House. Mr. Scott Pearman: Mr. Speaker, rather interestingly, Well, we take difference to that. I am not go- when the Honourable Premier opened the debate on ing to discuss the model in itself, Mr. Speaker. But as these regulations, he sought to define the parameters we talk today about fees and as the Minister of Fi- of the debate, telling us what we are allowed to talk nance has talked about a correspondent bank, per- about and what we are not allowed to talk about. Un- haps the Government will give an update on their like some of my other colleagues, I will accept the pa- views on cashless gaming. And is that going to be the rameter as defined by the Premier, which is that this is way to go? Because we know there has been a great a debate about a change required to ensure gaming deal of controversy about cashless gaming through can move forward in Bermuda. the time. So where does that stand in the scenario So let us look at what the change is really do- that Government, this Government today, sees going ing. Because it is difficult when we look at amending forward? regulations . . . we get a piece of paper (in this case Mr. Speaker, in wrapping up, yes, we always three pages), and we just see a few words changed want a Government to be more flexible, to be able to here and a few words changed there. And unless you move, be able to deal with concerns, certainly in these go back and look at the principal Regulations and look very difficult and challenging times we face. And I through those and look how the words that are chang- think there are many of us in the community who real- ing apply, it is hard to know what is really going on ly do not understand the enormous challenge we do here. face at this present time. So we want that flexibility. What is going on here is the ability for the But as we debate this amendment today, which is not Government to reduce fees in respect of gaming. And minor, [and] it is not that complicated, we also need to if you put it like that, you can understand why the look at the broader scope of the challenges we face in Government might need greater flexibility to reduce gaming. fees in respect of gaming, because they might want to So where is the leadership coming from? Be- have the flexibility to make it more affordable for those cause Government has not shown it yet. There has who enter into Bermuda and carry out casino gaming. not been any progress, Mr. Speaker, other than But the fees that are being amended are not limited words. And words are not progress. No licences are just to those fees, because the fees that were provid- issued. There is no executive director, and we still do ed for did not go merely to the Government. not have clarity on who the correspondent bank is go- And I just want to highlight this point because ing to be. So I support a government being nimble. the Honourable Premier did touch upon the points in But the Premier, now that this hot potato is back in his his opening remarks. And he said, “Honourable Mem- lap, needs to deal with it and answer questions so bers will note that 10 per cent and 15 per cent of the everyone in this House and people in the community provisional licence fee . . . has been proposed to fund understand where we are going to go and are part- the training of Bermudians . . . and the Problem Gam- ners fully buying into what the changes [are which] are ing Council.” And so it is necessary to look at the taking place and the future of this industry. amendments to see what is happening for the fees Thank you, Mr. Speaker. that were previously going to go towards either those who may have gambling addiction issues, some mon- The Speaker: Thank you, Honourable Member. ey to support people in the community who might Does any other Honourable Member wish to have gambling problems, and secondly, money that speak? was earmarked to go towards the employment of Bermudians so that they could participate in the gam- Mr. Scott Pearman: Mr. Speaker. [It’s] MP Pearman. ing industry. And the Honourable Premier in his remarks The Speaker: Yes, MP. You have the floor. described the change as being something where the new proposals were “proportionate” (quote/unquote) Mr. Scott Pearman: Thank you, Mr. Speaker. Thank the fixed sums previously provided. Well, in respect of you, Mr. Speaker. addiction issues, the previous regulations were going Rather interestingly— to provide $150,000 out of the provisional licence issue fee. Now the provisional licence issue fee, the Honourable Premier noted, was to be $1.4 million. Bermuda House of Assembly Official Hansard Report 3 July 2020 4361

That is now changing to 10 per cent. And perhaps it is non-casino gaming that may be out there that the proportionate, but it is a reduction. So by reason of the Government wishes to support in building an industry change, if the fee stays the same, the amount of here in Bermuda. I mean, certainly we have had in the money being given to help treat those with gambling history some of the FinTech companies that have addiction issues will be going down. Likewise, the wanted to do some sports trading activities. We have amount that was allocated to train Bermudians for had, you know, the long-existing betting shops that we employment in casinos ($250,000 under the previous have had in Bermuda. And so, my curiosity is whether Regulations) is now being adjusted to 15 per cent of these fees are being changed so that it will allow for the fee. The fee, as we remember, if it stays the more of what I am going to consider to be local betting same, was $1.4 million. So that too is going down. It is on Island. going down from a fixed fee of $250,000 to a reduc- So there are a couple of things that crossed tion to $210,000 if the fee stays the same. my mind. These betting institutions, companies that But another change that is important for these may want to set up on Island . . . you know, the Prem- regulations is that the fee might not stay the same. So ier in the past has always said that there is a lot of not only might the money allocated for addiction is- scrutiny before any businesses, in particular in the sues and to employ Bermudians go down, but it could FinTech industry, are opened up for services here in also go down drastically now because the amendment Bermuda. And I would hope that that would continue. is seeking to put this as a percentage. So instead of But at the same time, are these fees being adjusted to having fixed earmarked amounts of $150,000 here, allow more of these online betting activities to occur? $250,000 there, solid tangible amounts for addiction, In addition, any of the sort of local betting for employment of Bermudians, we are now going to houses, is this also an initiative to allow an increase in have a percentage adjustment based upon the fee. any of the local betting? And of course, my concern And this change allows that fee to be waived in whole pivots [INAUDIBLE] directly to [INAUDIBLE] that in or in part. this economically challenged time, I would imagine Now, obviously whether it is waived in whole that many of the customers are going to be locals. or in part will depend upon the factors set out in And so if we are going to, on the one hand try to en- clause 3 of the amending Regulations. But if the fee is courage business in Bermuda in order to improve rev- waived in whole or in part, we must appreciate, and it enue and get the economy going, but on the other must be appreciated by those in this Honourable hand it is at the detriment to the . . . in the capacity House and by the members of the public, that this re- around gambling, then, you know, there is some rea- duction could greatly reduce the amount of money son for concern and certainly further, as I had men- that was earmarked both for those with gambling ad- tioned, around therapeutic support services that may diction issues and for those . . . which was going to be be needed for any of the local population that is get- earmarked for the employment of Bermudians. ting involved in gaming if we are going to be seeing a Sometimes the devil is in the details, Mr. bit of an open door as far as increased presence of Speaker. But I just want everyone to know that this is gaming houses and online betting activities in Bermu- what this change could mean. And it would be greatly da. unfortunate if Bermuda were to see casino gaming, And with that, thank you, Mr. Speaker. but the protective measures in relation to gambling addiction were watered down, and the positive—very The Speaker: Thank you, Honourable Member. positive measures involving employment, monies for Does any other Honourable Member wish to employment of Bermudians, were also to be watered speak? down. So watch this space. Thank you, Mr. Speaker. [Inaudible interjection]

The Speaker: Thank you, Honourable Member. The Speaker: Is there any other Member who wishes Does any other Honourable Member wish to to speak? speak? [Inaudible interjections] Ms. Susan E. Jackson: Mr. Speaker, I have a few words. The Speaker: I beg your pardon?

The Speaker: That sounds like the Opposition Whip. Hon. E. David Burt: Happy to close, Mr. Speaker. Honourable Member, you have the floor. The Speaker: And we are four minutes to one. So Ms. Susan E. Jackson: Thank you, Mr. Speaker. you have the floor. For me, I believe that the elephant in the room are these fees being changed or being given a little Hon. E. David Burt: Thank you, Mr. Speaker. more flexibility, because there may be other layers of Bermuda House of Assembly 4362 3 July 2020 Official Hansard Report

Mr. Speaker, I am happy to see so much in- your microphones and turn off your cameras, your terest in this topic from Members of the Opposition. system will stay active until we resume in an hour. The Honourable Members opposite certainly have Enjoy your lunch. The House is now adjourned. made a lot of noise. And by the noise that has been made, Mr. Speaker, you would think that casinos [Gavel] opened under their tenure when they were the Gov- ernment and somehow managed to close under our Proceedings suspended at 12:59 pm tenure as the Government, Mr. Speaker. But I am very happy that the Honourable Minister of Finance cor- Proceedings resumed at 2:00 pm rected the record so that people could not run away from the history. [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] Mr. Speaker, let me just be clear: 100 per cent of nothing is nothing. And that is what we have right The Speaker: Good afternoon, Members. It is now now, nothing. And we are going to build something. 2:00 pm. I trust everyone enjoyed their lunch break. As I said in my brief, Mr. Speaker, this is not a debate Members? on gaming. This is a change to the fees regulations. And I am happy that the Opposition is supportive of [Crosstalk] the fees changes that are part of these regulations which have been brought by the Government. There The Speaker: Okay, good, nice to hear. On this rainy will be a chance to debate gaming before this House afternoon I am sure you all are glad that you were rises for the summer. able to stay in the comfort of your own residences, At the next day of sitting I will table amend- rather than the rest of us having to be out in this rain ments to the Casino Gaming Act. But I will be happy and slipped out for a little bite, got a sandwich in the to have the full gamut of a gaming discussion at that rain while I am sure you just walked into your kitch- time, and I will also be happy to give a Ministerial ens. But that is the luxury of virtual meetings. Statement on the tabling of that Bill to answer many of Members, we ended before lunch concluding the different matters which may have been raised by Order No. 1, which was the Casino Gaming Amend- Members of the Opposition, [and] to give the country a ment. We are now on Order No. 2 for the day which is full update on where we stand in regards to our pro- the Companies (Ratification of Deferred Returns, gress on casino gaming here in Bermuda. Fees and Taxes) Amendment Act 2020 in the name of With that, Mr. Speaker, I move that the said the Minister of Finance. draft Order be approved and that a suitable message Minister, would you like to present your de- be sent to His Excellency the Governor. bate at this time?

The Speaker: Thank you, Premier. Hon. Curtis L. Dickinson: Hello, Mr. Speaker? Are there any objections to it being approved and the said message being sent? The Speaker: Yes, we see and hear you Minister. No objections. We will consider that matter You have the floor. has been approved and the said message will be sent. Hon. Curtis L. Dickinson: Thanks. Mr. Speaker, I move that the Bill entitled the [Motion carried: The Casino Gaming (Casino Fees) Companies (Ratification of Deferred Returns, Fees Amendment Regulations 2020 were approved.] and Taxes) Amendment Act 2020 be now read the second time. The Speaker: Premier, it is two minutes before the one o’clock hour. If you would like to move us to The Speaker: Are there any objections? lunch, we can acknowledge that at this time. No objections? Continue, Minister. Hon. E. David Burt: Thank you, Mr. Speaker. Happy to do so. BILL Mr. Speaker, I move that the Honourable House do now adjourn to lunch until 2:00 pm. SECOND READING

Any objections to that? The Speaker: COMPANIES (RATIFICATION OF DEFERRED No objections. RETURNS, FEES AND TAXES) AMENDMENT The House now stands adjourned until ACT 2020 2:00 pm for the lunch period. And just to remind the Members, for ease of Hon. Curtis L. Dickinson: Mr. Speaker, the Bill now being able to get on again, if you want to just mute before the House is the Companies (Ratification of Bermuda House of Assembly Official Hansard Report 3 July 2020 4363

Deferred Returns, Fees and Taxes) Amendment Act The Speaker: MP? It seems like we had lost you 2020. there for a moment. Honourable Members will recall that following MP Pamplin? a severe threat to public health by the communicable disease COVID-19, government offices were closed Mr. W. Lawrence Scott: It looks like she is having on 19 March, following which the Governor made a technical difficulties. proclamation of a state of emergency in Bermuda on 2 April 2020. The Speaker: Okay. Yes. MP you are having a tech- Mr. Speaker, this Bill establishes the legal nical difficulty right now. Does one of your other col- authority instituting temporary measures by the Gov- leagues want to speak until you can get it sorted out? ernment to defer compliance with certain statutory requirements that must be satisfied by local and per- Ms. Leah K. Scott: I will speak, Mr. Speaker. mit companies on or before 31st of March every year. Mr. Speaker, following the closure of govern- The Speaker: Okay. Ms. Atherden, we will let you ment offices, it emerged that not all local companies speak until we can get— had the means to facilitate their filing and the payment of their fees electronically. Therefore, they would have Ms. Leah K. Scott: This is Leah; I don’t sound like found themselves in breach of the Companies Act. In Ms. Atherden. order to accommodate those companies who could not make their submissions and payments electroni- Hon. Patricia J. Gordon-Pamplin: I am sorry. cally, the Government instituted temporary measures to assist such companies by extending the 31 March The Speaker: MP Scott, I have done that to you twice 2020 deadline for three months to 30 June 2020. today. I am sorry about that. Mr. Speaker, the Government extended the deadline by way of a formal notice with the intention to Ms. Leah K. Scott: I don’t sound like her. seek ratification via the Legislature of the deferred compliance with the requirements of the Companies Hon. L. Craig Cannonier: Okay. MP [Gordon-] Pam- Act 1981 to 30 June 2020. plin is back. Mr. Speaker and Honourable Members, this Bill ratifies the deferred compliance with certain provi- The Speaker: Okay. MP [Gordon-]Pamplin, have you sions of the Companies Act by the Minister of Fi- sorted yourself out? nance, while also providing power for the Minister of Finance to defer to a later date filings required under Hon. Patricia J. Gordon-Pamplin: Yes, I have actu- sections 121 and 135 of the Companies Act. ally started. I was just saying that we supported the Mr. Speaker, with those brief comments I wel- legislation. come the comments of other Honourable Members. Thank you, Mr. Speaker. The Speaker: Okay.

The Speaker: Thank you, Minister. Hon. Patricia J. Gordon-Pamplin: As the Minister Does any other Member wish to speak? gave his overview and in that overview he indicated that at the appropriate time—at 31 March—there was [Crosstalk] no ability for him to be able to . . . or no ability for some companies to be able to meet the fiduciary re- Hon. Patricia J. Gordon-Pamplin: Yes, thank you, sponsibilities that they had in terms of filing their re- Mr. Speaker. turns and their taxes. The Government accommodat- ed that by notification, which gave them an extension The Speaker: Yes, continue Member. until June 30th to permit them to be compliant with their responsibilities under the Companies Act, both in Hon. Patricia J. Gordon-Pamplin: Thank you, sir. terms of the taxes as well as the returns that were I thank the Minister for those introductory re- made. marks and the overview of the Companies (Ratifica- This legislation now enables a situation to be tion of Deferred Returns, Fees and Taxes) Amend- put into place, a procedure to be put in place in case ment. We certainly support this from the Opposition’s we have something that happens again. And I think it perspective. It was a difficult time and certainly un- just makes eminent good sense for this to happen. precedented and something that we had never expe- We certainly support the legislation and thank the rienced before in terms of . . . [00:04:45 NO AUDIO Government for making life a little bit easier for those UNTIL 00:05:01] companies that had a bit of anxiety between March and June, companies who knew that they did not have

Bermuda House of Assembly 4364 3 July 2020 Official Hansard Report

the means to comply, but were not going to be penal- space to expect that there will be pieces of legislation ised. that come, very similar to this, that are designed to We know that the penalty for noncompliance, provide relief, to make a difficult situation not so diffi- especially with the payment of taxes, is absolutely cult, and that there will be legislation that can, where prohibitive. And that is done for a good reason. It is to applicable, assist. And at this time this legislation is ensure that the Government has access to the reve- going to assist the companies. And the Minister has nues to which it is entitled under the legislation and the power to defer the date to a later date in compli- we want to make sure that companies comply to the ance. extent that they are required to do so. So, by being So, I am glad to see that we are bringing unable to be compliant, it was difficult for some com- something like this. I think that it is incumbent on any panies, they did have anxiety, and the Minister and government to assist wherever it can and, in this case, the Government have actually assuaged those con- it is a bureaucratic assistance. And I look forward to cerns. seeing other pieces of legislation like this that provide So, with this piece of legislation, we support it. relief, reduce stress, and make our difficult time not so It makes eminent good sense. It is kind of a house- difficult, Mr. Speaker. keeping measure that effectively says to the corpora- So, thank you very much. tions that we understand that the situation that occurred was beyond your control and that as a Gov- The Speaker: Thank you, Honourable Member Ming. ernment, we want to ensure that things are made a a Does any other Honourable Member wish to little easier for you in order to be able to comply. speak? So, we support the legislation, Mr. Speaker. No other Member? And recognising that in these difficult times there is Minister, would you like to wrap this up? likely to be different types of legislation that will come through that, sort of, take the “new normal” and put it Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. into practical terms. So, this is what we have done in Mr. Speaker, I move that the Bill entitled the this respect and we support it from an Opposition’s Companies (Ratification of Deferred Returns, Fees perspective. and Taxes) Amendment Act 2020 be now read . . . I Thank you, Mr. Speaker. am sorry, I move that the Bill be committed. I am sorry. The Speaker: Thank you, Honourable Member. Does any other Honourable Member wish to The Speaker: Thank you. Yes, commit the Bill first, speak? Minister. We are trying to move ahead in this rainy afternoon, but we’ll do that step first. Mrs. Renee Ming: Mr. Speaker? Hon. Curtis L. Dickinson: I am sorry. I move that the The Speaker: Yes? Honourable Member? Bill be committed, Mr. Speaker.

Mrs. Renee Ming: Yes, it is MP Ming. The Speaker: I will move the Bill into Committee and the Deputy will take over. The Speaker: Yes, yes, Honourable Member, you Deputy? have the floor. House in Committee at 2:12 pm Mrs. Renee Ming: Let me take off my mask—my St. George’s mask. [Hon. Derrick V. Burgess, Sr., Chairman]

The Speaker: Member, I know you only came in front COMMITTEE ON BILL of the camera with that mask for one purpose, but my flag of red and blue is still flying over my shoulders COMPANIES (RATIFICATION OF DEFERRED much higher than your mask. And the cup will remain RETURNS, FEES AND TAXES) AMENDMENT in Somerset. ACT 2020 But you have the floor. The Chairman: Thank you, Minister. Mrs. Renee Ming: Mr. Speaker, I would just like to Honourable Members, we are now in Commit- add my brief comments to this piece of legislation. tee of the whole [House] for further consideration of I think my colleague who spoke before me the Bill entitled Companies (Ratification of Deferred kind of summed it up, that it is one of those pieces of Returns, Fees and Taxes) Amendment Act 2020. legislation that is necessary as we continue to navi- Minister, you have the floor. gate through COVID-19 and the worldwide pandemic, I think that we should probably get ourselves in a Bermuda House of Assembly Official Hansard Report 3 July 2020 4365

Hon. Curtis L. Dickinson: Mr. Chairman, this Bill to have made their filings from the April deadline or seeks to ratify the deferred compliance with the re- the March . . . yes, the April deadline to June 30th? quirements of sections 121 and 135 of the Companies Act 1981 to 30 June 2020 following a severe threat to The Chairman: Minister? public health by the communicable disease, COVID- 19, which led to government offices being closed on Hon. Curtis L. Dickinson: Mr. Chairman, we are only 19 March 2020 and the Governor making a Proclama- three days into July and so, having an exact count on tion of a State of Emergency in Bermuda on 2 April those companies that were late would be difficult for 2020. me to get my hands on at the moment. But what I can This Bill further seeks to amend the Compa- undertake to do is to provide the Honourable Member nies Act 1981 to provide power for the Minister to de- with those details once we have had at least a week fer to a later date compliance with requirements relat- under our belt in the month of July. ing to filing of returns to be made by a specified date under the Act where there is an occurrence in Bermu- Hon. Patricia J. Gordon-Pamplin: Mr. Chairman? da of any of the exceptional circumstances provided in section 22(7) of the Public Treasury (Administration The Chairman: Mm-hmm? Continue. and Payments) Act 1969. Mr. Chairman, I move clauses 1 through 3. Hon. Patricia J. Gordon-Pamplin: Yes, thank you, sir. The Chairman: Continue, Minister. I appreciate the undertaking. I think it was . . . the question was in the context of if people would Hon. Curtis L. Dickinson: Clause 1 provides a cita- have been able to file by April and then, over the tion for the Bill. course of the next three months, some may have Clause 2 provides for the ratification of the de- been able to get their filings in as they were able to do termination by the Minister to defer compliance with so, you know, as time went on. So, that was really my the requirements of sections 121 and 135 of the question, just to know whether we are severely delin- Companies Act 1981 to 30 June 2020. quent, and I understand and accept the Minister’s un- Clause 3 amends section 287A of the Com- dertaking to give us some indication in terms of who panies Act 1981 to provide power for the Minister to . . . if there were still companies that were unable to defer to a later date compliance by any person or comply by June 30th. But we have no objection to any class of persons with requirements relating to filing of of the clauses of the legislation. returns to be made by a specified date under that Act The Chairman: Are there any further speakers? in the case where there is an occurrence in Bermuda There appear to be none. of any of the exceptional circumstances provided in Minister, do you want to move the clauses 1 section 22(7) of the Public Treasury (Administration through 3? and Payments) Act 1969. Thank you, Mr. Chairman. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 3 be approved. The Chairman: Thank you, Minister. Are there any further speakers? The Chairman: It has been moved that clauses 1 through 3 be approved. Hon. Patricia J. Gordon-Pamplin: Yes, Mr. Chair- Are there any objections to that? man. There appear to be none. Approved. The Chairman: The Chair recognises the Honourable Member Pat Gordon-Pamplin. [Motion carried: Clauses 1 through 3 passed.] Ms. Gordon-Pamplin, you have the floor. The Chairman: You can move the preamble. Hon. Patricia J. Gordon-Pamplin: Thank you, sir. Mr. Chairman, as we mentioned in the debate Hon. Curtis L. Dickinson: I move that the preamble of the whole, we have no objection. We support this be approved. legislation. It makes eminent good sense. I just have one question of the Minister and The Chairman: It has been moved that the preamble that is in respect of the deferral until June 30, 2020, as be approved. tabled and laid out. Can the Minister give us any indi- Are there any objections to that? cation as to which companies, or how many compa- There appear to be none. nies were non-compliant by the June 30th extension? Approved. Was that June 30th deadline sufficient for companies

Bermuda House of Assembly 4366 3 July 2020 Official Hansard Report

Hon. Curtis L. Dickinson: I move that the Bill be re- to write off or defer payment of public money and to ported to the House as printed. expand the regulation-making provisions. Honourable Members will be aware that the The Chairman: It has been moved that the Bill be Public Treasury (Administration and Payments) Act reported to the House as printed. 1969 provides for the financial control and manage- Are there any objections to that? ment of government finances, the establishment of the There appear to be none. Accountant General’s department, the payment of The Bill will be reported to the House as print- monies withdrawn from the Consolidated Fund, and ed. related matters. Thank you, Honourable Minister. Mr. Speaker, Honourable Members are aware that Bermuda is experiencing the economic impact of Hon. Curtis L. Dickinson: Thank you, Mr. Chairman. COVID-19, with almost a third of the workforce having been laid off during the Island’s mandatory stay-at- [Motion carried: The Companies (Ratification of De- home period and the cessation of regular flights and ferred Returns, Fees and Taxes) Amendment Act cruise ships to the Island. Government has already 2020 was considered by a Committee of the whole taken various actions to assist employers and em- House and passed without amendment.] ployees during these unprecedented times. The Ministry has already instituted several House resumed at 2:17 pm temporary emergency measures to assist businesses that have a pressing need for financial relief. Some of [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] these measures were as follows: tax filing deadlines were extended; current penalties or fees that would REPORT OF COMMITTEE have normally applied for that period were waived; upon request, fees included in the Government Fees COMPANIES (RATIFICATION OF DEFERRED Regulations 1976 could be deferred or waived. RETURNS, FEES AND TAXES) AMENDMENT Section 22 of the Act provides authority for the ACT 2020 Minister to approve the write-off of public money and the Emergency Powers Act 1963 may also provide for The Speaker: Thank you, Deputy. writing off certain fees. In addition, the Government We are now back in the House. Are there any Fees Act 1965 empowers the Minister of Finance to objections to the Companies (Ratification of Deferred waive any particular Government fee in exceptional Returns, Fees and Taxes) Amendment Act 2020 be- circumstances. ing reported to the House as printed? Mr. Speaker, to provide greater certainty and No objections? authority, it is proposed to amend section 22 of the The Bill has been reported to the House and Act to provide for the following: to grant the Minister of accepted. Finance power, in exceptional circumstances, to We now move on to the third item on the Or- waive or defer payment of public money; to create a der Paper for today and that is the second reading of process to be followed where public authorities’ re- the Public Treasury (Administration and Payments) quest for a waiver or a fee, tax or penalty payable un- Amendment Act 2020 and, again, this is in the name der the Government Fees Regulations 1976 or under of the Minister of Finance. a particular enactment; and ensures that the process Minister of Finance, would you like to present is transparent. your Bill? Mr. Speaker, to assist employees who have laid off, terminated or made redundant as a result of BILL COVID-19, the Government quickly introduced an unemployment benefit. The unemployment benefit came SECOND READING into effect on the 24 March 2020 and the application period ended on the 30 June 2020. It provides a weekly benefit, the lesser amount, 60 per cent of an PUBLIC TREASURY (ADMINISTRATION AND individual’s remuneration or $500 to eligible persons, PAYMENTS) AMENDMENT ACT 2020 including work permit holders, for up to 12 weeks, which has recently been extended to 16 weeks. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Honourable Members are advised that author- Mr. Speaker, Government wishes this Hon- ity for the appeal provision that is included in the Pub- ourable House now to give consideration to the Bill lic Treasury (Administration and Payments) (Tempo- entitled the Public Treasury (Administration and Pay- rary Unemployment Benefit) Regulations 2020 will ments) Amendment Act 2020. also be made clear. The purpose of this Bill is to provide power for Mr. Speaker, the proposed Bill seeks to ad- the Minister of Finance, in exceptional circumstances, dress this issue and makes technical amendments to Bermuda House of Assembly Official Hansard Report 3 July 2020 4367

widen the regulation-making power set forth in the Act The Speaker: Thank you, Member. to include provisions for appeals. These technical Does any other Member wish to speak? amendments are required pursuant to the making of No other Member? the Public Treasury (Administration and Payments) Minister? (Temporary Unemployment Benefit) Regulations 2020, which set forth the new regime for the above- Hon. Curtis L. Dickinson: Mr. Speaker, I move that mentioned unemployment benefit and had to be draft- the Bill be committed. ed as a matter of urgency due to COVID-19 and its economic impact. The Speaker: Thank you, Minister. Mr. Speaker, this part of the Bill will be The Bill has now been committed. deemed to come into effect on the 24th March 2020, Deputy Speaker? the day when the Unemployment Benefit Regulations came into effect. This provision also seeks to provide House in Committee at 2:23 pm greater flexibility in the Act, moving forward, to allow inclusion of provisions with respect to savings and [Hon. Derrick V. Burgess, Sr., Chairman] transitional matters in the Regulations. With those introductory remarks, Mr. Speaker, COMMITTEE ON BILL I now read for the second time the Bill entitled Public Treasury (Administration and Payments) Amendment PUBLIC TREASURY (ADMINISTRATION AND Act 2020. Thank you, Mr. Speaker. PAYMENTS) AMENDMENT ACT 2020

The Speaker: Thank you, Minister. The Chairman: Thank you, Mr. Speaker. Does any other Member wish to speak? Honourable Members, we are now in Commit- tee of the whole [House] for further consideration of Hon. Patricia J. Gordon-Pamplin: Yes, thank you, the Bill entitled Public Treasury (Administration and Mr. Speaker. Payments) Amendment Act 2020. Minister Dickinson, you have the floor. The Speaker: We recognise the Honourable Member Ms. Gordon-Pamplin. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill You have the floor. seeks to amend the Public Treasury (Administration and Payments) Act 1969 to provide powers for the Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Minister of Finance, in exceptional circumstances, to Speaker. waive or defer payment of public money. Mr. Speaker, certainly from an Opposition Mr. Chairman, I move clauses 1 through 6. perspective we fully understand the necessity and how the Government has been required to move in a The Chairman: Continue. nimble fashion in order to be able to ameliorate some of the challenges that we experienced as a result of Hon. Curtis L. Dickinson: Clause 1 provides a cita- the unprecedented COVID-19 and the pandemic to tion for the Bill. which the country was exposed. Clause 2 amends the principal Act in section 1 So, very clearly, we support the Public Treas- to provide for the definition of the term “public money,” ury (Administration and Payments) Amendment Act which is to include taxes collected under the Taxes 2020 and offer the Government our support and Management Act 1976 and other Tax Acts; fees pay- thanks for assisting in making our citizenry a little bit able for the performance of a function by a public au- less anxious in terms of their responsibilities, in terms thority under any enactment establishing the public of being able to receive part of the unemployment authority; and penalties payable under any enactment benefit that was established very quickly. I believe the for the failure to submit returns or pay taxes or fees by Minister indicated in one of his prior press confer- a date specified in the enactment. ences that this was something that had occurred over Clause 3 repeals and replaces section 22 of a period of about six or seven hours, that it was not a the principal Act as follows: matter of days or weeks, and it shows that when we • The new section empowers the Minister of Fi- put our minds to it, we have the ability to respond to nance, on application by a public authority, to the very straitened circumstances in which people find waive or defer payment of public money after themselves. consulting the Minister responsible for the en- So, with those few comments, Mr. Speaker, actment under which the public money is pre- we definitely support the Amendment to the Public scribed and notifying the Accountant General Treasury (Administration and Payments) Act 2020. in writing, and only if satisfied that there are Thank you, sir. exceptional circumstances justifying the waiver or deferment of payment in that particular Bermuda House of Assembly 4368 3 July 2020 Official Hansard Report

case. The Minister may waive or defer pay- Clause 5 amends the Government Fees Act ment with respect to any or all of the following: 1965 to repeal section 2A. the amount of the waiver or deferment of Clause 6 provides for commencement. payment, the period of the waiver or defer- Thank you, Mr. Chairman. ment of payment or the person or class of persons to whom the waiver or deferment of The Chairman: Thank you, Honourable Minister. payment applies. Are there any further speakers? • The Minister may provide for the waiver or deferment of payment to be with retrospective Hon. Patricia J. Gordon-Pamplin: Yes, Mr. Chair- effect and subject to such conditions as the man. Minister may deem appropriate to impose upon the person benefitting. A duty is placed on The Chairman: Yes, Ms. Gordon-Pamplin, continue. the public authority granted the waiver or de- You have the floor. ferment of payment to maintain proper books or records and provide details of the value of Hon. Patricia J. Gordon-Pamplin: Thank you, sir. the amount waived or deferred to the Ac- As indicated in the other debate, Mr. Chair- countant General. A waiver or deferment of man, these clauses make eminent good sense and payment shall not be granted for a period go- from an Opposition perspective we support the Gov- ing beyond the financial year in which the ernment in this particular piece of legislation with no public money is waived or deferred. Where a recommendations for amendment. person benefitting from a waiver or deferment subject to a condition fails to comply with the The Chairman: Thank you. condition, the Minister may require that the Are there any further speakers? amount waived or deferred for the entire peri- There appear to be none. od or a portion of the period of the waiver or Minister. deferment to be repaid and, if necessary, may require that the amount be recovered before a Hon. Curtis L. Dickinson: Mr. Chairman, I move that court of summary jurisdiction. clauses 1 through 6 be approved. • The term “exceptional circumstances” is defined to include: a Proclamation of a State of The Chairman: It has been moved that clauses 1 Emergency under section 14 of the Bermuda through 6 be approved. Constitution Order 1968; a declaration of a Are there any objections to that? public health emergency by the Minister of There appear to be none. Health under section 107A of the Public Approved. Health Act 1949; hurricanes and other major adverse natural or weather-related events [Motion carried: Clauses 1 through 6 passed.] negatively and significantly impacting Bermu- da whether directly or indirectly; a situation Hon. Curtis L. Dickinson: I move that the preamble where a person is selected to participate on be approved. behalf of Bermuda at an international event or required to represent Bermuda at such an The Chairman: It has been moved that the preamble event; and such other events or circumstanc- be approved. es that the Minister may, by notice published Are there any objections to that? in the Gazette, deem to be exceptional cir- There appear to be none. cumstances in a particular case, after consult- Approved. ing the Minister and public officers connected with the case. The Minister is required, when Hon. Curtis L. Dickinson: I move that the Bill be re- tabling the financial statements of the Consol- ported to the House as printed. idated Fund at the end of the financial year, to lay before each House of the Legislature a re- The Chairman: It has been moved that the Bill be port of public money waivers and deferments reported to the House as printed. granted during that year. Are there any objections to that? Clause 4 amends the principal Act in section There appear to be none. 33 with respect to the scope of the regulation-making The Bill will be reported to the House as print- power conferred by that section further to the Public ed. Treasury (Administration and Payments) (Temporary Thank you, Honourable Minister Dickinson. Unemployment Benefit) Regulations 2020 which were made due to COVID-19. Hon. Curtis L. Dickinson: Thank you, Mr. Chairman.

Bermuda House of Assembly Official Hansard Report 3 July 2020 4369

[Motion carried: The Public Treasury (Administration or is deemed to be terminated and is entitled to his and Payments) Amendment Act 2020 was considered severance pay. by a Committee of the whole House and passed with- Mr. Speaker, by way of background, the out amendment.] World Health Organization responded to the outbreak of respiratory disease caused by a novel coronavirus, House resumed at 2:29 pm which has now been named coronavirus disease 2019, COVID-19. The COVID-19 outbreak is an un- [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] precedented and severe threat to public health in Bermuda. Accordingly, His Excellency the Governor REPORT OF COMMITTEE issued a proclamation of emergency under section 14 of the Bermuda Constitution Order 1968. PUBLIC TREASURY (ADMINISTRATION AND Mr. Speaker, subsequent actions of this Gov- PAYMENTS) AMENDMENT ACT 2020 ernment were swift and aimed to reduce the spread of the disease. Actions included: the implementation of a The Speaker: Thank you, Deputy. curfew; a series of emergency regulations, starting The Bill has now been reported to the House. first with shelter-in-place regulations and continuing of Are there any objections to the Bill being reported to caution regulations as restrictions were gradually lift- the House as printed? ed. These actions had the effect of closing businesses There are no objections. The Bill has been in the country, ranging from a complete closure to lim- reported and accepted. ited operations, depending upon the sector. The eco- And we will now move on to the next item on nomic implication of these actions is very significant the Order Paper for today, which is the second read- and will be felt for some time. Over 9,800 employees ing of the Employment Act Amendment 2020 in the were laid off and subsequently applied for the unem- name of the Minister of Labour. ployment benefit related to COVID-19. The Govern- Minister, would you like to present your mat- ment acted quickly to put these provisions in place to ter? provide a safety net for employees who would otherwise have no means of income. [Feedback] Mr. Speaker, following engagement with industry associations and union representatives, the Bill The Speaker: Minister Hayward. will amend section 32 of the Act with respect to lay-off due to the impact of the COVID-19 pandemic resulting Hon. Jason Hayward: Good afternoon, Mr. Speaker. in the state of emergency. The amendment will exclude the period from 1 April to 30 June 2020 from the The Speaker: Good afternoon, Minister. calculation of the period of four months after which a lay-off is deemed to be a termination for a redundancy Hon. Jason Hayward: I move that the Bill entitled the and the former employee is entitled to his severance Employment Amendment Act 2020 be now read a pay. The statutory severance allowance under section second time. 23 of the Act ranges from two weeks’ pay, where an employee has completed one full year of service, to a maximum of 20 weeks’ pay, depending on the length The Speaker: Are there any objections to that? st th No objections? Continue, Minister. of service. The period from the 1 of April to the 30 of June will not be counted toward the four months after BILL which lay-off is deemed to be termination if the employee was laid off before or during the state of emer- SECOND READING gency. The purpose of these changes is to protect both employees and employers in these unprecedent- EMPLOYMENT AMENDMENT ACT 2020 ed times. In the face of this global pandemic employees should not lose their benefit entitlement of redun- Hon. Jason Hayward: Mr. Speaker, the Bill before dancy under the Act. Despite the lobby by industry to this Honourable House is the Bill entitled the Employ- remove the entitlement for employers to pay redun- ment Amendment Act 2020. dancy payments to workers, the Government did not Mr. Speaker, the purpose of this Bill is to acquiesce as we strongly believe that these rights amend section 32 of the Act to exclude the period of must be protected. the state of emergency in Bermuda from 1 April 2020 The Government moved to protect employees to 30 June 2020 for the calculation of the four month by first introducing an unemployment benefit under a lay-off period, beyond which, under the Act, an em- very short time frame to assist the people. Secondly, ployee who has been laid off must either be recalled the Government, with cooperation from the public,

Bermuda House of Assembly 4370 3 July 2020 Official Hansard Report

moved quickly to contain the spread of the virus and is The Speaker: Yes, MP Richards, you have the floor. now moving rapidly to reopen the economy. Mr. Speaker, it is said that the best social pol- Mr. Sylvan D. Richards, Jr.: Thank you, sir. icy is a job and this Government is acting quickly to Mr. Speaker, Opposition Members support enable businesses to open safely and get people back this amendment to the Employment Act. As a result of to work. the pandemic that we find ourselves in, the Govern- Mr. Speaker, finally, this amendment to the ment is having to make decisions and this is one that Employment Act must be seen within the context of we fully support. these previous steps to simultaneously protect the Mr. Speaker, the Act amends section 32 of public and reopen the economy. The Government is the Employment Act 2000. Section 32 states, basically allowing for the exception period that allows the state in layman’s terms, that if an employee is laid off due to of emergency to be excluded from the calculation lay- the unavailability of work for a period exceeding four off periods to assist employers in retaining their busi- months, then the employee must be made redundant ness and ongoing concerns. under the Act and redundancy payments must then be Mr. Speaker, under any normal circumstances made to that employee. this change would appear to disadvantage employees As a result of the COVID-19 pandemic, thou- by extending their lay-off period and their entitlement sands of employees Island-wide have effectively been to redundancy payments. However, this amendment laid off since the beginning of the state of emergency, serves to protect employees by ensuring that laid-off which began April 1, 2020. employees remained employed by extending the time Mr. Speaker, if the Act is not amended, these period for automatic termination. employees would have to be made redundant, effec- Mr. Speaker, forcing companies into bank- tive June 30, 2020 and, therefore, entitled to sever- ruptcy, which is the alternative for many businesses ance pay. This would, obviously, make it financially without the amendment, will be a net destroyer of difficult for many employers to meet their own financial jobs. Removing jobs from the economy cannot be the obligations in this regard and could force some of consequence of a Government that is attempting to these businesses to permanently close their doors. restore economic growth. While in the long term this Mr. Speaker, the amendment, as a result of amendment protects workers, it provides employers the impact of the COVID-19 pandemic for the period with time to re-employ workers rather than forcefully April 1, 2020 to June 30, 2020, provides that refer- terminate them because of their inability to recall em- ences to the four-month period after which lay-offs are ployees based on depleted cash flows. Employers deemed to be a termination for redundancy do not expressed that they did not want to make their em- apply to the period April 1, 2020 to June 30, 2020. ployees redundant as they would rather keep workers The Act provides that the four-month period will come employed and re-employ them as the country pro- into effect June 30, 2020 and will end October 30, gressed with the new normal and business activity 2020. increased. This amendment serves to reduce loss of Mr. Speaker, we note that this is a temporary jobs to the economy. amendment that takes into account the economic im- Mr. Speaker, a compromise must be reached. pact of this pandemic. We also note that with the Is- This move represents a balanced approach to provide land slowly opening up, this amendment provides re- both groups an opportunity to adapt to the new nor- lief, in my opinion, primarily for employers and em- mal. It should be noted that the concerns of the Ber- ployees in the hospitality and restaurant sectors, alt- muda Hotel Association, the Bermuda Employers’ hough it does apply across all industry sectors. Council, union representatives and others have been So, with those comments, Mr. Speaker, I once fully considered in arriving at this policy decision. Both again reiterate that we support the amendment to the the Bermuda Hotel Association and the Bermuda In- Act and I will now let my fellow colleagues on this side dustrial Union have publicly acknowledged that the weigh in if they choose to do so. amendments represent a positive move for both em- Thank you, Mr. Speaker. ployees and employers. Moving forward, the Government will continue The Speaker: Thank you, Honourable Member. to work with industry partners to find solutions to many Would any other Honourable Member like to of the problems they are experiencing. speak at this time? Thank you, Mr. Speaker. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. The Speaker: Thank you, Minister Hayward. Does any other Member wish to speak? The Speaker: I recognise the Deputy Speaker. Deputy Speaker, you have the floor. Mr. Sylvan D. Richards, Jr.: Yes, Mr. Speaker, Syl- van Richards here. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Bermuda House of Assembly Official Hansard Report 3 July 2020 4371

I would also like to thank the Minister, Minister problems, and with countries that have this in their Hayward, for bringing this Bill to this House. As you natural way of life, their normal life, they have prob- know, it has been said that the present legislation . . . lems. But I would venture and thank those who work this will just amend it where the four-month lay-off pe- [who made] sure people got their unemployment ben- riod will start the 30th of June for a further four months. efits, and they got them in a timely fashion. Mr. Speaker, what this Act . . . let me put it Now, let me say this here, Mr. Speaker, on this way. Some people have abused this clause in this reduction in pay, a pay cut. This Government has their businesses. They will lay off people for three bent over backwards to [make sure], despite the pay months or three and a half months and then call them cut, that nobody takes home any less pay. And that is back in order not to pay severance pay. That is some- remarkable. It is remarkable because there are other thing we must look at and try to fix—that loophole— employers in Bermuda where folks have taken a because as much as we complain about it, it still oc- 10 per cent cut, some have taken a 25 per cent cut; It curs. was announced in the papers a couple of weeks ago Now, Mr. Speaker, in some collective bargain- one company had a 50 per cent cut. And I do know ing agreements, which the Act does not address, that the Bermuda Industrial Union staff has taken a some agreements address issues like the pandemic 40 per cent cut. And so, other employers are taking that we have and it takes into consideration where you cuts in pay. Now, and I venture to say many, probably will not be liable to pay severance pay. But, let me say most of them in the country, there are some that that severance pay is due and payable once you de- probably did not have to or can afford not to, you cide to close your business. know, so that is what has happened, Mr. Speaker. Now, I see there is one particular guest But now, as I do understand, the unions have house, hotel, that is going to sell . . . not sell, but they met with the Government and I think it was the teach- are closing and they had an announcement in the pa- ers and the BPSU, their workers have accepted . . . pers that they will pay severance pay to their employ- and I applaud them. And I thank the Bermuda Indus- ees, but they are going to reopen in, I believe it is, trial Union, probably our President, reporting to their April 2021. Now, I do know that particular guest house generals, and I would venture to say that I am pretty and those at the BIU have very good working relations sure that would be the same result at the BIU. with them. So, my concern there is that we have em- But there are some that [have] not—at this ployees that have worked there for many years and point—agreed to what Government has put out. I read once they take this severance pay, if they are called in the papers yesterday where one particular . . . the back, then they start as a brand-new employee, uniform was the police and they said there were some meaning that their vacation entitlement will be that of unresolved grievances that still have to be tackled. I a brand-new employee. So, I am just a little cautious guess there was a reason why they have not agreed about that because I just hope that it is not— yet or whether they agree or not. But this is not a grievance, this is not negotiation, this is clear fact. [Crosstalk; Feedback] This Government is trying to save jobs for everybody and we have people talking about grievances? This is Hon. Derrick V. Burgess, Sr.: —the way they are a pandemic, you need to put those grievances aside doing in order to get rid of some people [INAUDIBLE]. and let us deal with what is at hand—keeping people But I can assure you that the Bermuda Industrial Un- employed. ion— Every government worker in this country has not received a pay cut. They are continuing to get Mr. W. Lawrence Scott: Minister Roban, you are not their full pay despite whether they came to work, could muted. not go to work, or whatever. During this pandemic, during this shutdown, they have received their pay. The Speaker: I got it. And I applaud this Government for doing that. And those that were unemployed in other areas, they all Hon. Derrick V. Burgess, Sr.: Okay. I know the Ber- were entitled to receive a $500 a week unemployment muda Industrial Union, headed by Chris Furbert, will benefit. And I would venture to say most of them got certainly keep an eye on that. it. And Mr. Speaker, this Government has done So, this country, this Government, is trying to a great thing for this country in dealing with this pan- save jobs, and the Minister of Finance has said that demic. They quickly enacted unemployment benefits, we have got a revised deficit for 2020/21 of between the first we have had in this country in my lifetime and, $275 and $315 million. Let me advise some of those if I [correctly] read the history, the first ever. And yes, uniformed service folks (I do not think they are all the Minister acknowledged that some people did not thinking this way) that the government does not print get paid on time, but the Minister of Finance always money. We earn our money through foreign ex- came out and said—and we all believe him because it change. That is where we earn our money. So, we do is the truth—you will be paid. There will be teething not have any gold to back up printing our own money Bermuda House of Assembly 4372 3 July 2020 Official Hansard Report

like some of the bigger countries who can print their Where do you get this in any other country of money. the world? Where? Where millions are unemployed in And I applaud, again, those unions that have the United States and other places? And we depend agreed to this arrangement that Government has on the United States for most of our foreign exchange. come up with. This Government does not want any- Look at our hotel workers. Two thousand of them un- one to lose jobs. We are trying to take care of all Ber- employed; their future uncertain this year. And we mudians, including some of our guest workers that we have got government workers guaranteed their job to would need. So, that is what we are trying to do and this point saying that, Oh, we’ve got some issues to for one to say that, you know, when you get some of settle before we can agree to that. Come on, we had these . . . I do know in the Police Service, when you better start being grateful for the things we have got consider their benefits compared to the other govern- because we have got workers that are suffering, that ment workers, compared to what Ms. Smith gets, do not get and are not getting what you get. there is no comparison. They get unlimited sick leave, And do not get me wrong because I do think they do not pay any health insurance, they get a hous- we have some good people in uniform, and I think ing benefit on top of many hours of overtime. they are all good. But some of them . . . they think And the taxpayer, Ms. Smith, who is strug- they can hold this Government to ransom. We will not gling to make ends meet, she has to pay taxes in or- be held ransom by anyone, particularly when we have der to give these folks free health insurance, a hous- got Bermudians who are capable of doing your job. ing allowance, unlimited sick leave—something that And if you are not satisfied with our Government, then most taxpayers do not get. you do what you have got to do to satisfy yourselves. And now, you are talking about there is some But I can assure you this Government should not be grievance to be settled? The only grievance to be set- backing down when we have the larger unions who tled is we are trying to save jobs for all workers. Not have agreed . . . most of them. I think the BIU . . . I am just some—for all workers. And some of these folks not that certain about, I know they are meeting with that serve in the uniformed services are from other their generals now, as I said earlier. Now, we need to countries. And I would venture to say that they are not be grateful for this here. getting these benefits from those countries, they are Again, as I say, Government House, Judici- not negotiating because of the pandemic, saying ary—all of them—must, will, participate in this situa- we’ve got some outstanding grievances before they tion. There is no legislation that protects them. I have agreed to something. They are not doing that there. read it. There is no Constitution that protects them And many of these folks that are here, when they re- from pay cuts. It is not in the Constitution. So, let us tire, they go back home where the dollar is 2 to 1 or not go there, I have read it, seen it. The Constitution even 2.6 to 1 and live good lives. talks about an award. No, they cannot take your pen- I do not envy that. I thank you for your ser- sion. And that is, if you are entitled to a pension when vices. But do not hold this Government at ransom be- you retire, you get that. That is what is protected, not cause you think that we have to have you. We have pay cuts. Bermudians here that can serve in the Police [Ser- Mr. Speaker, with those remarks, I thank you vice], we have them that can serve in the Fire [and for allowing me. Rescue Service] and everywhere else, that are unemployed and that would love to have that job. Hon. Michael H. Dunkley: Mr. Speaker, I would like So, let us not think that we are indispensable to speak— because Government House, the Judiciary . . . all of us share in this pay cut. The Premier said it, I think, The Speaker: Thank you, Deputy. two weeks ago, 10 days ago, on TV. Everyone will Does any other Member wish to speak? share in this pay cut. The politicians . . . all of the politicians have taken a 12.5 per cent cut. Ministers have Hon. Michael H. Dunkley: Yes, Mr. Speaker. taken a 15 per cent cut. You could not get better leadership than that. The Speaker: Yes? So, let us be fair. We are trying to save the jobs of everyone who works under this Government. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Again, not one government worker has lost a dime Mr. Speaker— because of this shutdown which has been caused by the pandemic. So, I am asking all, let us . . . we The Speaker: So, is it MP Dunkley? should be thanking the Government because [we the people] have got jobs, [we have] lost nothing despite a Hon. Michael H. Dunkley: Yes, sir. pay cut, which just amazes . . . we have done some innovative things so you do not take home anything The Speaker: You have the floor. less. Hon. Michael H. Dunkley: Yes, good afternoon. Bermuda House of Assembly Official Hansard Report 3 July 2020 4373

My, my, my, my, Mr. Speaker. Now the shoe Minister Caines made it quite clear. The only is on the other foot. Listening to the Honourable Depu- grievance we have now is saving people’s jobs. That ty Speaker wanting people to put a grievance aside at is more important than anything, because if you do not this point and deal with the offer that is being put in have a job, there is no grievance. front of them . . . I find that extraordinary coming from a Labour Leader. And I certainly— The Speaker: Thank you, Deputy.

Hon. Wayne Caines: Point of order, Mr. Speaker. Hon. Michael H. Dunkley: Mr. Speaker, I clearly understand. I clearly understand. And yes, we all want to Hon. Michael H. Dunkley: I certainly do not think, Mr. protect jobs, Mr. Speaker. But the fact of the matter is, Speaker— if people have a grievance, we should not just say, Well, that’s not important at this point. If they believe it Hon. Wayne Caines: Point of order, Mr. Speaker. is, it is. And the Government has to deal with it in the appropriate way, Mr. Speaker. The Speaker: There is a point of order. We will take a And I do not want to get sidetracked with this point of order. because I find it interesting coming from a Labour Leader. And I certainly am not going to sit here today, POINT OF ORDER in a virtual session of Parliament, Mr. Speaker—

Hon. Wayne Caines: Point of order, Mr. Speaker. Hon. Derrick V. Burgess, Sr.: Point or order, Mr. That is not what the Honourable Member said. The Speaker. Honourable Member said he wants them to put aside the grievance based on a pandemic and Bermuda The Speaker: There is another point of order. I will being in a situation heretofore it has not been in. And take your point of order. if he is going to . . . he has to quote him [correctly]. He said “based on the pandemic.” POINT OF ORDER Thank you, Mr. Speaker. Hon. Derrick V. Burgess, Sr.: Let me say this here to The Speaker: Thank you, Member. you, Mr. Dunkley. Labour Leaders are not subject to Mr. Dunkley, you have the floor, continue. certain language or words they can use . . . or feel- ings. We deal with common sense and principle. Hon. Michael H. Dunkley: The Honourable Member was too quick to the trigger because he cut me off on Hon. Michael H. Dunkley: Thank you, Mr. Speaker. a point of order, and that is exactly where I am going. But I see no reason why grievances still can- The Speaker: Thank you. not be considered as we go through this, Mr. Speaker. That is my point. That is my point. Hon. Michael H. Dunkley: That is not a point of order. That is an opinion, Mr. Speaker, and you know, I Hon. Derrick V. Burgess, Sr.: Point of order, Mr. accept his opinion, but it is not a point of order. Speaker. The Speaker: Just accept it and let us move forward. Hon. Michael H. Dunkley: For a Labour Leader to say put a grievance aside based on the pandemic, Mr. Hon. Michael H. Dunkley: Yes, I accept his opinion, Speaker, I find that . . . I find that quite interesting to but it is not a point of order. say the least, Mr. Speaker. Mr. Speaker, I am not going to sit here in this I, for one, Mr. Speaker— debate today and criticise the Police Service or any emergency services who worked through the lock- The Speaker: Sorry, Mr. Dunkley, I think there is an- down . . . tirelessly, to serve the community. They put other point of order from the Deputy Speaker. themselves at risk to serve the community. In the beginning of the pandemic they were subject to the fear Hon. Michael H. Dunkley: Yes, Mr. Speaker. of the unknown, of not knowing how this COVID-19 would spread. They worked day and night to serve us. POINT OF ORDER Some got injured in serving us—drastically injured— [Misleading] as we saw earlier this week, Mr. Speaker. So, I am not here to criticise the Police Service or the Bermuda Hon. Derrick V. Burgess, Sr.: Mr. Speaker, obvious- Regiment—any of our health care providers. We need ly, the Member is misleading the House and probably their service and they have done a good job. inadvertently because he really does not understand We are here today to debate this Employment what I said. Act 2020, Mr. Speaker. And as I start my comments Bermuda House of Assembly 4374 3 July 2020 Official Hansard Report

on it, I think we need to never forget that we have two my place of employment going to be able to cope over primary concerns in dealing with this. We have the the next 9 or 10 months? Are people going to want to health pain and we have the economic pain. come back to Bermuda? Is it going to be sufficient The health pain, Mr. Speaker, we have done a enough to drive the business in our hotels, in our res- commendable job to date of pushing it back, of deal- taurants, taxi drivers, with the transportation industry? ing with COVID-19, of containing its spread and now, We already know cruise ships are probably not com- almost, to the verge of eliminating it. But we lost ing back this year because they have been pushed brothers and sisters along the way, unfortunately. But back to October and November and then our season that health pain could still potentially be there for peo- goes quiet because we are in the North Atlantic and it ple because if we are not vigilant, if we do not wear is not conducive to calm travelling across the ocean to our masks, if we do not social distancing, if we do not get here. So, people now are living in fear of the un- practice good hygiene, if we do not take personal re- known of what happens with the economy. They are sponsibility, that health pain could come back. So, living in concern of where we go. while in the beginning we really struggled with the un- And Mr. Speaker, I understand the challenges known of this virus, and now we seem to contain this that Government is going through. There is no sure health pain, we are still not . . . we cannot rest on our fix. But we need to consider every option we can to laurels, because we have seen it flare up in other help us get over this hump. We need to have these countries around the world in very serious situations constructive debates where we can go forward and to this day, as I speak, Mr. Speaker. come up with solutions. Because what we are doing So, we have the health pain, the health pain here today with the Employment Act, while we support which has impacted all of us in the community be- this, just says to me, Mr. Speaker, what next? It says cause it put 10,000 people in the lay-off position— what next because it is not going to get us until April 10,000 people in the lay-off position. And now, Mr. of next year. There is no way it is going to get us until Speaker, while we still have the remnants of the April of next year. And when the Government says health pain which could flare up again, we have an that no one has taken a pay cut, they are playing economic pain. smoke and mirrors, Mr. Speaker. And I speak today, Mr. Speaker, not being We have alleviated the payment of pensions critical. Some Government Members might consider it for the next year, Mr. Speaker, that is how we have critical, but I am not being critical. I am being a realist done it. Now, you know, that is a reasonable way to here. We have economic pain, which at this point in do it. The Opposition has supported that. But we are time, while we take measures to try to alleviate that using pensions right now— pain, to try to protect Bermudians, to try to protect jobs, to try to give people hope moving forward, the Hon. Wayne Caines: Point of order, Mr. Speaker. economic pain is just starting. And why do I say that, Point of order, Mr. Speaker. Mr. Speaker? I say that because the prognosis for the next 9 or 10 months, until we get to, perhaps, April of Hon. Michael H. Dunkley: —we are using pensions next year, is looking bleak. That is a reality. Even right now and what happens later, Mr. Speaker? some Government Members have said that. I think in a statement earlier today one Government Minister The Speaker: Honourable Member, there is a point of referred to 10 months, Mr. Speaker. order. And so, we have an economic pain that is just commencing. And so, we are going to have to take a POINT OF ORDER lot of steps to protect jobs to help our people—the [Misleading] government sector, the private sector, all our people. And Mr. Speaker, the private sector is hurting more Hon. Wayne Caines: Point of order, Mr. Speaker. now than the government sector. Because, as the The Member is misleading the House. The use of the Deputy Speaker said before me, the [government] term “the Government is playing smoke and mirrors” sector has been fully employed, even when they were has a negative connotation and the last time we met working from home or unable to work. But the private you chastised a Member that used it at that time, the sector, from day one, has taken the pain and contin- terminology “smoke and mirrors.” ues to take the pain. It is not appropriate language to be using with And what does that mean throughout our reference to a plan to make austerity cuts for the ben- community? It means that throughout our community efit of the people of Bermuda. To use the term “smoke that people are living in fear of the unknown because and mirrors,” Mr. Speaker, is unfortunate. now we have a better understanding of how we can push COVID back by doing simple things, like wearing The Speaker: Thank you, Minister. our mask and things I have already mentioned. Peo- Member, please be mindful of the fact that in ple now are living in the fear of what happens next in your same comments you did say that you agreed our community. When can I get back to work? How is with the efforts that the Government was making to try Bermuda House of Assembly Official Hansard Report 3 July 2020 4375

and get us through this economic crunch. So, if you when we get to the month of November, when tradi- are in agreement with it, you cannot be calling it tionally our hotels start really pulling back? And we do smoke and mirrors and be negative about it. not know what is going to be the case this year because we will probably have less business than in a Hon. Michael H. Dunkley: Oh, yes— normal year, so the pullback could be even more. So, what happens in November, December, January, Feb- The Speaker: Everyone has got to share in this ruary, the real bleak months of the winter? What hap- launch of trying to get us through this. pens to the taxi drivers? What happens to people in transportation? What happens to the hospitality work- Hon. Michael H. Dunkley: I agree, Mr. Speaker. But ers? What happens to the hotel workers? you mentioned two separate things. What I talked And, Mr. Speaker, we should not forget that about when I used “smoke and mirrors” . . . and I will every Bermudian business—bar a small handful—is not use that if that is offensive to the Member. I do not directly impacted by COVID-19 in a serious way. So, think it is offensive to the . . . those words are certainly all of those businesses are going to struggle. not derogatory. But the Government says all the time So, doing what we are doing here today, Mr. no one is taking a pay cut. Well, if no one is taking a Speaker, we support it. But in my view, we are going pay cut, how are we saving money to move us for- to have come back in a couple of months’ time and do ward? something else. And so, I ask the Government now We are kicking the can down the road be- . . . we support these initiatives; we support the un- cause we are using the pensions. And if that is the employment benefit. When Government said it was way they want to go, well then that is fine. But re- put together in six or seven hours, we were not overly member, somebody is going to have to pay later on critical about that because we knew something had to down the road. Somebody is going to have to pay lat- be done. But Mr. Speaker, now, we have caught our er on down the road. That is the reality that we face, breath, we understand. We understand what COVID- Mr. Speaker. 19 is. We understand how we can . . . instead of wait- So, I will not allow Government to use lan- ing for COVID-19 to come after us and figure it out, guage that casts it in a different way because no one we understand how we can go back and push back is taking a pay cut. They are just not paying into pen- COVID-19 and deal with it. We understand now how sions. And some people will have to make it up. And we can protect our vulnerable. We understand how we know people are grieved about this because I we can protect our seniors. We understand how we have seen tapes, videos going around, of people in can run a hospital. We understand how we, as Ber- meetings talking about their pensions and what might mudians, can protect ourselves. We also understand happen to them and their family and their children. So, how we can move about the community more and I get that. Government has done a reasonable job with all of that The fact is, Mr. Speaker, this Act here today— in pushing people in the right direction, and we in the the Employment Act—pushes the can down the road, Opposition have supported that. or is just a triage bandage and here is why, Mr. But Mr. Speaker, now we have to understand Speaker. Because having said that it is going to be 9 the gravity of the economic crisis that we face. And or 10 months more until we see improvement, there the Government needs to say, Okay, well here is our might be small improvement over the coming months. next plan. You know, the Economic Committee that But I cannot see where it is going to be significant im- was put forward to discuss this with some fanfare, we provement because our flight schedule is still rather have heard very little about it. And I understand that thin coming in. It might pick up. Our biggest trading because they are probably . . . they are grappling with partner, where all our flights come from, is right in the a serious situation. And it is probably a hard, a real middle of a pandemic, maybe even the second wave. hard challenge for them to find common ground to So we have to be very cautious about accepting visi- move forward, Mr. Speaker. tors in. Bermudians are still very concerned. Some So, today we will support the Employment Bermudians are still very concerned about the airport Act, but what happens in October? What happens in opening up and I understand that. November? Because right now while people are going But Mr. Speaker, I also understand that we back to work, and people will trickle back to work, the have to open up, and we can open up safely. But Mr. trickle is going to stop. And so, what happens when Speaker, bearing in mind that we have all [AUDIO the unemployment benefit ends at the end of this SKIP] the next 9 or 10 months are going to be very month? What happens when hotels do not open up tough. And if anybody disagrees, I will take a point of like many people in the community expect them to order with that. This four-month . . . this deferment for open up because they know it is not going to be viable the months of April, May and June, pushes the can for them to do it? What does a taxi driver do? Taxis, down the road, or is just a triage bandage because you know, TCD is looking for taxi drivers to renew what happens at the end of October, Mr. Speaker? their licences now. So, what happens then? What What happens at the end of October, Mr. Speaker, happens to all the people involved in transportation Bermuda House of Assembly 4376 3 July 2020 Official Hansard Report

and the minibuses? What happens to the hotels, the Now, Mr. Speaker, I do not think I have said restaurants, that are going to try to open up and Ber- this publicly yet, but in January of 2020, to me, one of mudians are going to be reticent about going out, one, the biggest challenges we faced in Bermuda was the because they are still concerned about the health cri- size of our debt and the continued government deficit. sis, and two, they do not have the money to spend? That is not our biggest challenge right now, Mr. Yes, we have allowed people to tap into their Speaker. Our biggest challenge right now is making pensions to save, you know, to help them get through, sure that Bermudians can see a better 2021 and we to pay their bills and to keep a roof over the heads need to have a plan. And if the deficit this year is go- and take care of their families, Mr. Speaker. And I do ing to be $275 million or $350 million, I support the not look at that . . . the Government has said this is a Government doing that as long as we spend that “stimulus” to the economy. I do not like that terminolo- money to help our people, Mr. Speaker. gy. And I will not say what I said earlier about it, but it They are hurting, and I would expect every is not good terminology. Allowing that is to keep Ber- Government Member to rally today and show what mudians from really struggling more than they are that plan is going to be. Give us some specifics. The nowadays, it is allowing them to have some decency Opposition Leader sits down with the Premier every in life to buy some groceries, to do some of the things week. We are willing to talk and get through this. But they have to do in life. It is not a stimulus. It is to live, we cannot wait . . . Oh, well, we don’t know what’s Mr. Speaker. going to happen with the benefit when it ends in a You know, and I am not being critical. I am couple weeks’ time. We haven’t decided yet. We’ll tell saying it again, I am being real. And I am not being you when we’re ready to tell you. Mr. Speaker, that is negative because I do have hope. I know we can get not good enough! People are struggling and each one through this situation, but we need to stop looking at of us is hit up every day, Mr. Speaker, with this strug- these temporary fixes and look at something that will gle. People call us all. So, we all know how real it is. It get us to next spring, look at something that will get us is not just Michael Dunkley talking here. All 36 Mem- into April and May, Mr. Speaker. Because we should bers of Parliament are getting the same challenge, Mr. . . . I do not want to come back and amend this legis- Speaker. lation, because it just pushes it down the road. It is a And so, let us put some more meat on the triage bandage. bone of this plan and let us stop these triage fixes, So, I am asking the Government here today, which we support 100 per cent. We need to bring while we support this, what is the plan? What is the some comfort to our people or we will continue to see plan? How are we going to get Bermudians through? our people really upset about the way things are go- We have asked a number of times about the unem- ing. We need to show them there is hope at the end of ployment benefit and the Minister, while I am sure the tunnel by the actions we do. they are discussing it, says Well, we’ll let you know Thank you, Mr. Speaker. when the time comes. But, you know, don’t you think that the thousands of Bermudians, Mr. Speaker, who The Speaker: Thank you, Member. are getting the benefit now, want to know? Because Does any other Honourable Member wish to they have only got one or two payments left and are speak? thinking, What next? What next? Thousands of them [are] not going back to their jobs. Mr. Scott Pearman: Mr. Speaker, Scott Pearman. So, everyone in Bermuda is struggling and these things, while they help, while people appreciate The Speaker: Yes, Mr. Pearman, you have the floor. them, we need to start looking at the bigger picture because this thing is not going anywhere for a while. Mr. Michael A. Weeks: Mr. Speaker? And as leaders in the community . . . and I behove the Government. Let us look at this to get us to March and The Speaker: Yes? I heard two voices. I think there April and we will all be better off because people have was a voice before yours there, but I think I heard MP had enough of uncertainty. People have been locked Pearman had chimed in first. down. They have come out of the lockdown, many people, depressed about things. Their livelihood has Mr. Scott Pearman: I am in your hands, Mr. Speaker. been taken away from them. Their movement has I am happy to start or defer and MP Weeks can go if been taken away from them. They have been stuck he wishes. with family for longer periods of time than they are used to, so we have seen a rise in domestic violence. The Speaker: MP Weeks? We have seen behaviours change because of that, Mr. Speaker. If we could show that we are going to Mr. Michael A. Weeks: It is MP Weeks. get through this and here’s the long-term plan, I think people would have some comfort. The Speaker: Yes, okay.

Bermuda House of Assembly Official Hansard Report 3 July 2020 4377

Mr. Michael A. Weeks: So, Mr. Speaker, thank you. MP Pearman, do you still want to speak at this time? The Speaker: MP Weeks, you have the floor. Mr. Scott Pearman: Yes, Mr. Speaker, I am just turn- Mr. Michael A. Weeks: I would like to start by saying, ing on my video for you. Mr. Speaker, that I commend—oh, I never said thank you. The Speaker: Okay. There you go. I would like to start off, Mr. Speaker, by commending our Labour Minister for bringing this amend- Mr. Scott Pearman: Thank you, Mr. Speaker. ment so swiftly, and, by extension, our government for I think it is helpful just to give a little bit of con- continually working hard and diligently and coura- text to what is actually being done today in the House, geously, Mr. Speaker, in making sure that we answer what we are actually doing. the call of our people. Obviously, Mr. Speaker, we are Most of those in the Chamber will be aware going to get naysayers, you know, and think that we that we are amending the Employment Act 2000. The should do more. But, we, as a Government, our Cabi- Employment Act 2000 is the primary piece of law in net, is doing an excellent job and I take my hat off to Bermuda dictating the relationship between employers the Premier and his team. and employees. And it is a funny Act. It is not really Mr. Speaker, I also wholeheartedly agree with the best-worded Act. There is a lot of difficulty with it. our Deputy, you know, that we all must be in this thing People have difficulty interpreting it. There have been together. And those, unfortunately, that do not want to lots of arguments over it, what it means, what it does be a part of it and they are not necessarily from here, not say, what it should say. And our former Chief Jus- well, now that our airport is open, they could take that tice, Ian Kawaley, gave a decision in Mitchell where option. he tried to trace back the origins of the Act and figure Mr. Speaker, these are really some unprece- out where it came from and how it got to be where it dented times. And as I have been working on the was. And, no doubt, MP Famous may appreciate that frontline at a helping agency feeding many of those it came from the CARICOM Model Harmonisation Act. who have been affected by COVID-19, this amend- So, it is a gift to Bermuda from CARICOM and, before ment, this initiative by our Labour Minister, is going to that, Chief Justice Kawaley chased it back to the In- give a lot of people solace, Mr. Speaker. We know ternational Labor Organization. It does what it says on there is more to be done, but when you get up there the tin, it talks employment in Bermuda. on that frontline and hear people talking who are hun- And what we are looking at today is a little gry, most of them want to get back to work, Mr. section tucked away in the back called section 32. Speaker. And before COVID, nobody really paid attention to Most of them want to take care of themselves. section 32. And the reason for that is that section 32 So, when they hear of this kind of initiative, it could was really directed at seasonal workers; but seasonal take out some of the fear that they are experiencing, workers in jurisdictions to the south of us where, when Mr. Speaker—fear of never being able to get back to there was the low season, workers, say, in hotels or work, fear of being made redundant, fear of . . . some otherwise, would just take a series of months off. And of them fear the age that they are. If they are made it was in the interest of the employers in ensuring that redundant they will not be able to get another job. So, when these down times occurred they would get their let’s not keep preaching doom and gloom (those who hotel workers back, and it was in the interest of the feel more comfortable doing that). employees that they knew that, even though they We know we have got a task ahead of us. I were having some down time, this lay-off, they would take my hat off to the Labour Minister for his coura- have a job at the end of it. And in order to make sure geous stance, Mr. Speaker. And, as we go forward, I there was not any funny business at the end of the know that many of those that this is going to affect are lay-off period—here in Bermuda it is a four month lay- going to be grateful, just as grateful, Mr. Speaker, as off period—at the end of the lay-off period, if the em- the unemployment benefit that our Government put in ployer does not bring the employee back to work, then place. When you hear these residents of ours (I there is severance pay payable. The job terminates should not say “these”. . . our residents) . . . when you and the employee receives severance pay. are on the frontline feeding them and filling their bags, So, it is a balance. The section was intended how grateful they are for the things that this Govern- as a balance to allow employers some space to ment is doing or attempting to do. It was nothing that breath during the down time, during the seasonal was planned, but they have risen to the occasion. break, to allow employees to know, if they wanted it, So, Mr. Speaker, as I take my seat, again I there would still be a job there come the high season say, Well done, Minister, and you have our support. return and, also, to allow employees, if the job came Thank you, Mr. Speaker. to an end, to get the proper protection of a severance pay. So, section 32 is really a section intended to pro- The Speaker: Thank you, MP Weeks. Bermuda House of Assembly 4378 3 July 2020 Official Hansard Report

tect those workers’ rights. At the same time the em- thing about what is payable during those four months. ployer gets benefit. It does not say anything. It does not say salary is pay- And that is interesting to note because our able. It does not say salary is not payable. It does not Premier, two days ago, made the statement that we talk about benefits; it does not talk about health insur- are not going to use this pandemic to relax protections ance, pensions, payroll tax, social insurance. on workers. Now, I leave it to you to decide whether or So there is a big question mark out there right not this change is a relaxation of a protection for a now, for lawyers, for people, for businesses, for em- worker. Most people see this change to section 32 as ployees. What does this section mean? And when you being a “pro-business” (quote/unquote) change, as grapple with it, unfortunately, you have to say, Well, being something that the Chamber of Commerce we don’t really know, because it is not very clear, be- called for and is being brought in. It seems to me, per- cause it is not very good law. And that is unfortunate sonally, it is more of a balance. I see benefits to both because there was an opportunity here, when making sides. this amendment, to fix this section and to make very So, what are we actually doing? What we are clear what a lay-off means. Does a lay-off mean a doing is saying that that four month lay-off period . . . temporary suspension from work where no pay is and pausing for a minute, the word “lay-off” can be a payable and no benefits are payable? Does it mean bit confusing because when we talk about lay-offs (if no pay is payable, but you still have to continue bene- we are sitting around the pub or a bar, we say so-and- fits? so got laid off) you usually think of that as meaning Many, many, employers on our Island, quite they have lost their job altogether. But that is not what rightly and properly, sought to continue to pay health lay-off means in this context. Lay-off in this context is insurance during COVID lay-offs. And that was the more like what we think here in Bermuda as a fur- right thing to do. They probably were not legally lough; it is a temporary cessation. obliged to do it because it does not say anything And so, what is this Act doing? This Act, this about that in section 32. And they should be com- amendment Act is just changing section 32 of the pri- mended that at this difficult time they maintained mary Employment Act, of the law as it is in Bermuda, health insurance for their workers. But it is a shame, it and it is saying, Hey, here’s a three-month period— is a missed opportunity, as I say, because all that was April, May and June—and we had COVID, so we are necessary is to consider and define what a lay-off not going to count April, May and June as months that meant so that we all know, well, it does not mean you relate to section 32. They will not count at all. pay, but you still get certain benefits, or you do not get So, if you are an employee and you were laid certain benefits. But at least we know. And, unfortu- off in March or April, May, June, et cetera, the protec- nately, as we have not clarified it, I fear that there will tions in section 32 are not going to kick in for you. be some litigation after this and we will have to wait They will only commence on the 1st of July and on- and see what the courts say about it. wards for a four-month period. Mr. Speaker, one of the speakers earlier to- Now, that is a good thing for businesses be- day, the Honourable Deputy Speaker of the House cause, as the Honourable Deputy Speaker mentioned Derrick Burgess, made two observations in his speech (I think it was him) companies might not have to shut that I cannot leave un-responded to. He started to down by reason of the cost of these payments. And it stray off the topic of what we are focusing on today is a mixed blessing for employees. On the one hand it and got into the notion of pay cuts. And he said that is positive for employees because it gives another four this Government is “remarkable”—and that was his months where employers might be able to continue to word—because they are going to give a pay cut with- employ them. On the other hand, it is certainly a re- out anything less going home in someone’s take- laxation of a protection to them because were it not for home salary. And then he said, and this is a quote this amendment, come the 1st of August, they would too, “we’ve done new and innovative things.” gain severance pay. They now will not gain severance Well, the innovative thing is that you are hav- pay. So, I think it is important to be straight about what ing a pay cut, it is just a pay cut from your pension. It this is doing and not try to spin it and just let us recog- may not hit you now in your take-home pay, but your nise what it is doing. pension is going down because of it. So, we are kick- So, yes, it is a relaxation of a protection for ing the can down the road. We are not dealing with it workers; but it is a relaxation of a protection for work- here and now. So, if that is innovative, it is innovative. ers that might be for their benefit. It is good for people? I respectfully do not think so. Let me also just say that this is a bit of a The second thing the Honourable Deputy missed opportunity for the Government. We absolute- Speaker said is that Government does not print mon- ly support this amendment. But it is a shame that ey. And I agree with him. Government does not print when you came to look at section 32 you did not take money. But then he went on to say governments earn the opportunity to do a bit more with it, because it is a our money through foreign exchange. Well, I would badly worded section. It makes clear that there is a respectfully disagree with the Honourable Member. lay-off period of four months. But it does not say one Governments do not have money. Governments are Bermuda House of Assembly Official Hansard Report 3 July 2020 4379

given the people’s money and they are given the peo- across from me) are receiving what it is because I ple’s money to spend wisely. There are not concepts spoke earlier and I said that we should not be sur- of Government money. It is not Government’s money; prised to have legislation that comes before us that is, it is always the people’s money. in some cases, extraordinary, being done differently, Mr. Speaker, let me finish with a practical because of these times and the pandemic that we are point, if I may. And I just make it because it was a little living in. odd to me when I looked at this. I was expecting to We have people, Mr. Speaker, who are suffer- see a longer period of carve-out than the 1st of April to ing right now. And the Minister told [us] in his brief that the 30th of June. Now, the Government has decided to we have 9,800 employees who have been laid-off. give a three month carve-out. Now, that is fine. Obvi- Now, to appreciate that number, and I think I have ously, that is for the Government to decide and we heard it, someone said it is almost like looking at the support the Bill. But I just would issue this word of amount of people that go down to Cup Match and im- warning. There were some in Bermuda who because agining that all of those persons do not have a job to of their concern over the health issues of COVID, ac- go to and have no form of income. cess of the public or otherwise, actually started to lay So, Mr. Speaker, I think that we are well be- off workers prior to the 1st of April. There were lay-offs yond doing things on a normal basis. We have an ex- occurring in March. Likewise, this amendment only traordinary situation, Mr. Speaker, and as a Govern- goes to the 30th of June. So, if your worker is still sit- ment we have to stand up, rise up, to that occasion. ting at home for the last three days, this Act does not The Employment Act is probably one piece of apply to you anymore. legislation, Mr. Speaker, that I have enjoyed reading And I just highlight that because if you are an over the years. And I will say this here, if you go back employer in Bermuda, or an employee in Bermuda, and you look at the history of the Employment Act you do need to look at what the situation was in March 2000, which at that time came under the first PLP and what the situation is in July so that you do not get Administration, the history of it was minimal standards tripped up by thinking that this Bill obviates any need of employment. Because at that time, for a country to deal with the lay-off situation. Any portion of March that was so developed, we did not actually have min- where there was a lay-off, or any portion of July or imum standards of employment. And so the PLP August where there is a lay-off, will now come back Government at that time came up with these minimum within the provisions of section 32. And, therefore, standards of employment. And that is how you have they will count towards the four-month period in sec- the Employment Act 2000. tion 32. And I think that is an important point about Mr. Speaker, I heard my colleagues speaking which people should be aware so that we do not get on this. And, in principle, I am happy to see that the any surprised employers or disgruntled employees. Opposition are supportive of the emerging legislative Just as a high-level conclusion, Mr. Speaker, changes that this Government has had to do to deal we do support this. It is a sensible change. It is good with a global pandemic. But I also heard my colleague to see the Government listening to the Chamber of who spoke before me making reference to section 32. Commerce on this and this is something that the Op- And his exact words were “it is badly worded.” And I position can and does support. just want to say this here because it has been one of Thank you, Mr. Speaker. my pet peeves, from my time in the Senate, Mr. Speaker, even [now] as an MP. This legislation [which The Speaker: Thank you, Honourable Member. is] named the Employment Act . . . the first change Does any other Honourable Member wish to that we saw to the Employment Act was in 2000, and speak? it was under the second PLP Administration. And so, we are talking almost . . . it was not quite 20 years An. Hon. Member: Yes, Mr. Speaker. (because we are now at 2020), but it may have been 18 years or 19 years before this legislation was The Speaker: Yes, I see Honourable Member Ming. I touched. And so, I can take it that my colleague feels see you in the camera here. I heard two voices, would that this particular section is badly worded, but there you like to go right now, Honourable Member Ming? were opportunities for previous administrations to touch this legislation as well. Mrs. Renee Ming: Sure, Mr. Speaker. And I am hopeful that as a Government we even take this legislation and do more to make it ro- The Speaker: Okay. You have the floor. bust, to make it more evolving and even dynamic for the times that we are living in, because this piece of Mrs. Renee Ming: Mr. Speaker and listening audi- legislation, in terms of the Employment Act, Mr. ence, I am pleased to have this piece of legislation in Speaker, is huge. It has so many pieces in it that ac- front of me today. I think I spoke about it earlier, Mr. tually provide protection for our workers. And my per- Speaker. We are in extraordinary times, and so I am sonal view on it, Mr. Speaker, is that it is what I call a hopeful that my colleagues who (I was going to say sit work-in-progress legislation. It should always be Bermuda House of Assembly 4380 3 July 2020 Official Hansard Report

changing, we should always be adding to it. We will Mrs. Tinee Furbert: Mr. Speaker, MP Tinee Furbert. always be looking at it because as markets change, trends change, jobs—all of that—then the piece of The Speaker: MP Furbert, yes, you have the floor. legislation that is attached to our employment should be changing as well, Mr. Speaker. Mrs. Tinee Furbert: Thank you, Mr. Speaker. So, I do want to say that when the Minister I just wanted to chime in on this topic because spoke, he spoke about protecting employers and em- I have had many constituents reach out to me in re- ployees. And I think that this is what this change gard to this. And the Minister would know that I have sought to do. It is not a major piece of legislation. We sent him emails about it because I guess people just are not looking at hundreds of pages or anything like want clarity in regard to their employment status. that, Mr. Speaker. We are looking at two pages. But Often when we are thinking about legislation the protection that the Minister spoke about, to me, or looking at legislation, we have to consider whether that is also what is expected of this Government. We or not the legislation is good for Bermuda, whether or are a Labour Government, and we would be looking to not it is good for Bermudians. And guess what, Mr. protect employees and employers, Mr. Speaker. Speaker? This piece of legislation also applies to our I know that a lot of the things that we have guest workers as well. So, it is a good piece of legisla- done since coming into this pandemic, the people tion. The Employment Amendment Act 2020 is a good have appreciated. There is no way we would not men- piece of legislation in which this Government has tried tion the unemployment benefit payments because to to find balance because, look, we all know it is hard someone who has zero income, knowing that they can times. It is hard times economically, and health wise, have a pay cheque—whether it be large, small or globally, all over the world. And like my previous col- whatever—coming in on a weekly basis from the league said, there is no handbook for this. We have Bermuda Government . . . do you know what that never, ever, been through COVID-19 before. And we would mean? Like if you had zero and you may now all hope and pray that the measures that we have had have $500, it may not be the panacea to pay every to put in place are temporary ones. single thing that you have got going on, but it gives The previous colleague also mentioned that it you something to at least put food on the table and is temporary legislation. Would we like to see some- maybe pay some other bills, Mr. Speaker. thing long-term? Yes! We would like to see something So, I can understand that some people think long-term. But we also must take baby steps because that we should be doing more, and they may come up we know that COVID-19 was unprecedented . . . we with these vast plans and stuff like that. But one thing do not know . . . everybody is up in arms in regard to I am going to say is that there is no manual—there the uncertainty of it all. Things may get better; things was no manual, there is no manual—on how to navi- may not get better. But this is a Government that is gate through a global pandemic. And I think that as a willing to work with its people. This came out with the Government we are doing the best we can. And we Bermuda Chamber of Commerce and probably other would be foolhardy if we did not think that at times we businesses due to the concern of having to pay re- may make a mistake. dundancy pay. So we are a Government that listens. But Mr. Speaker, as long as our decisions are We brought legislation today to try to address this. in the best interests of our people and the legislation Now, come October we will have to look at that we bring here is in the best interests of Bermuda this again. I am sure we will look at this again to try to and her people, again, I think that even from an Op- help our people. We know that the loss of a job cre- position perspective you have to admit that we are ates much trauma in people’s lives—not having ac- doing a good job. cess to income—which is why we have taken steps, So, Mr. Speaker, my comments are not even Mr. Speaker. We have taken . . . you know, we talk going to be long on this. This is, again, necessary leg- about what is next? As a Government, we have taken islation, Mr. Speaker, which provides relief, assis- steps to alleviate pension [payments] to try to save us tance, and reduces some of the stress that we have money, to give the people and businesses the oppor- out there. I thank the Minister and his team for bring- tunity to not pay social insurance, to not pay into pen- ing it. And I just hope that as we move forward we see sions. We have opened up our pension benefits for more necessary changes that can come to the Em- our people. We have supplied unemployment benefits ployment Act, and that as we navigate this pandemic and we are actually looking to extend the unemploy- we are reminded that we can put aside our politics ment benefit and, I am sure, should there be a need sometimes for the best interests of our country. for us to look at that further, we are committed to look- Thank you, Mr. Speaker. ing at that further. So, we are a Government that is thinking The Speaker: Thank you, Honourable Member. about our people. There are many countries out there, Does any other Honourable Member wish to Mr. Speaker, who are in a predicament. [They are not] speak? able to offer such things to their people. And so, we should be very grateful that we have these great peo- Bermuda House of Assembly Official Hansard Report 3 July 2020 4381

ple, our teams, who are coming up with these ideas to looking like. Do not give people false hopes either. Do be able to alleviate some of the stress and the burden not have them hanging on to false hopes. Be upfront. that is caused to our people during this difficult time of People understand that it is hard. It is hard, yes. I am COVID-19. not denying that. But employers must also be upfront I was listening intently to everyone, particular- with their employees. ly, MP Pearman when he spoke a little bit about the The redundancy portion in the Employment history of how the change that we are making today Act I feel also needs some cleaning up because it had come into effect. And I remember as a young girl leaves employees not secure, in my opinion. For in- my mom used to work for the hotel. And she used to stance, it does not sometimes allow for valid reasons come home and tell us how she had been laid off. And why an employee would be made redundant. And we always understood “laid off” to mean it was tempo- sometimes employers make people redundant be- rary, it was seasonal, the hotel was slower and so she cause (and they don’t admit it) they just do not fit in or had to be laid off for a period of time. But it meant that it is some sort of personality characteristic that is just it was temporary and that she was going to go back to not working. And so employers will use this piece of work. And I am sure what this legislation was intended legislation to terminate someone. And I still feel like to do was to provide a medium, a security for our there needs to be so much clarity and support for em- workers with the term of “laid off.” I would be curious ployees in these types of situations. to know if “laid off” is a global term that we use. But But we are hopeful and, you know, I hope that “laid off” was a temporary term, because I always our citizens are hopeful that these are temporary knew Mom was going to go back. She was a good times. And I know that our Government is working worker in the hotel and she was going to go back to very hard for the protection of our people, because we work once the season picked back up. hear it all the time. People are not happy with some of Member Pearman also mentioned that we the decisions that we make because they are so strin- should have taken the opportunity to make other gent. But our Government has our people’s health and changes. And as a Government we have made many, this economic crisis at heart. We often hear about how many, changes to lots of our legislation as it relates to we are trying to balance this economic crisis and this COVID-19. All sorts of legislation has been changed health crisis. And this is a very real, real thing. Some- already to try to meet some of our people’s needs as times I do not understand it, Mr. Speaker. But I can they relate to COVID-19. So, we are not opposed . . . only be hopeful, and I am hoping that my colleagues we are actually going to be looking at the Employment can continue to give our community hope because we Act a little bit more in hopes of making further are going to be experiencing some very, very hard amendments. times going forward. Member Renee Ming spoke about how this So, I am thankful. I am thankful that our Gov- particular Act brings passion to her, and she is quite ernment has considered the things that they have involved in it. And I would like to just add myself to considered. And, again, I just want to reiterate to our that because we also previously put forward changes people that many countries—many countries—do not that we felt should be included in this particular Act. have available to them what our Government is mak- This is a very important Act for us as a Labour Party; ing available to its people. COVID-19 testing . . . I a very important Act. And so, we know that this is not have to reiterate this. We hear of visitors trying to the last time that we will probably hear about amend- come to Bermuda, people returning back saying how ments to the Employment Act, but this was a neces- difficult it is to get access to COVID-19 testing within sary, urgent matter that we had to deal with at this the timeframe in which we are requesting it. But here time in trying to create a fair balance for our employ- we are in Bermuda, and we have access. I can just ers and to create a fair balance for our employees. pop down to Shelly Bay MarketPlace and go get a But what I do want to mention also is that it is COVID-19 test. How grateful I am for that opportunity. my hope that employers do not play with employees. So, I support this piece of legislation. I am Meaning, I hope that they come to their employees looking forward to further changes to this legislation, and they are upfront with information; that they com- Mr. Speaker, and I am just hopeful that with this bal- municate well with them so that they are not left hang- ance that we have tried to create for our employers ing in the air, because not communicating, Mr. and our employees that this change will also be ap- Speaker, creates a lot of uncertainty as well. preciated. So I plead with employers to be upfront with Thank you, Mr. Speaker. their employees on whether or not this is a true lay-off or whether or not it is being redundant because they The Speaker: Thank you, Honourable Member. are having those conversations. I am sure businesses Does any other Honourable Member wish to are looking at their books and they are trying to figure speak? out whether or not they are going to make it. But we must . . . you must take the opportunity to explain to Mr. Ben Smith: Yes, Mr. Speaker. your employees what’s what, what those books are Bermuda House of Assembly 4382 3 July 2020 Official Hansard Report

The Speaker: Yes, it sounds like MP Smith? and our employers of small to medium-sized businesses have, potentially, over this three-month period, Mr. Ben Smith: Yes, thank you, Mr. Speaker. had deferment of their rental or, in some cases, hopefully, they have had a situation where the landlord has The Speaker: You have the floor. actually said, We’re not going to charge you rent over this period of time. They have had deferrals of their Mr. Ben Smith: So, Mr. Speaker, I would like to start BELCO bills and of their Internet and cell phone [bills off by echoing the sentiments of my colleagues in that by their] providers. But we have already started to see we support this amendment. that some of those relief benefits have started to But Mr. Speaker, I guess what I want to say is change. So now we are going to get cut-offs and shut- this little carve-out that we are going to do over this offs. three-month period is something of a stopgap be- So, as we are in this position where we are cause of all of the issues that are happening presently talking about this relief for the last three months, because of what has happened with COVID and the which is an important piece because of the anxiety impact that it has had on our economy. The reality is that has been built up by the employers, and with the that there are a lot of businesses in Bermuda that employees not being sure whether the businesses were struggling prior to COVID and this has put them that they were working for prior to this are going to on the brink and, in many cases it has already pushed survive, which is going to potentially mean that they them over. are not going to have the jobs that they were having to I believe that our country has gone into sur- support themselves prior to this . . . we have to under- vival mode and it is important to understand the rela- stand that there are a lot of factors that are going on tionship between the employees and the employers. at this very moment, as we have moved into July and So, this particular amendment is really trying to help those bills are starting to come home. the employers to stay alive a little bit longer, which will And, so far, the decisions that have been allow them to potentially employ their employees in made are for us to go into our piggy banks. We are the future. making adjustments to our pension, which is for our Many employers have been waiting for the future. And I understand that these are unprecedented opportunity for the economy to open up more, and as times, and we are having to make decisions that no we moved into phase 4 there would be a little bit of one thought we were going to have to make. But at hope that they would see some changes and poten- some point we are going to have to put some plans in tially be able to bring their workers back, and in some place, or at least discuss some plans about how we cases, be able to actually just start doing business are going to stimulate the economy so that we can again. But it is difficult because, as you go around start to pay back these bills that we are going to be Bermuda, you do see more activity, but is it a level of accumulating as a country as we are in this survival activity which actually allows a business to survive? mode. Because at some point we will have borrowed So, it is a balancing act where they are trying all that we can borrow, and our citizens will have raid- to make a decision whether, if they open their doors ed their pensions as much as they possibly can. And if and take the risk that, as they bring everybody back, we do not have a plan for how we are going to be able they are now putting themselves on the countdown to get our country back on track, get our citizens back clock. How long can the business survive under the to work, allow businesses to be able to not just sur- conditions that are now available? vive, but thrive, which will mean that they can employ Some companies have already made the de- more people and pay them the benefits that every- cision to close their doors and pay the redundancy body has been talking about them getting, then we will pay. But understand that this is not an easy decision. be in the real trouble that we can see on the horizon. When somebody makes a decision that they are going We are in that position right now. We know to start a business, and goes through all of the hoops that the storm is coming, and we have that anxiety that they have to go through to start a business—that across our entire country because it is before the is their blood, sweat and tears that went into trying to storm. We have had the health storm, but the financial make something happen and, with that, employ a lot one is the one that we are all looking at. And these of Bermudians. So when that decision is made that decisions right now are just hoping that boarding up they are going to close their doors . . . that is an ex- the windows is enough. But we are going to have to tremely difficult decision. The impact on the people of have a lot more and [we need to] focus on a real plan our community, from the employer’s perspective and for how we are going to stimulate the economy to the employees’ perspective . . . we all have to be real- move forward, or the storm that is about to come may ly understanding of the position that we are in at the have results much worse than what the health prob- moment. lem has been under these COVID times that we have The decisions that are being made to carve just gone through and, potentially, will continue to go this portion out is putting a bandage over a problem through. Because for all the things that have hap- that is extremely large. Both our citizens in our country pened locally with our health under COVID and now Bermuda House of Assembly Official Hansard Report 3 July 2020 4383

with the economy under COVID, the return of more The Speaker: I tell you the west is the better part of COVID cases could really wipe out the businesses the Island, you know. that have been holding on and trying to survive. So, yes, we are in agreement with the Hon. Patricia J. Gordon-Pamplin: I think the Hon- amendment. But this is just a step, just a piece to ourable Member Famous says he has to go to the cover up where we are right now. We are going to west side of his house in order to speak. have to start to move towards a plan on how we are going to stimulate our economy and move forward. The Speaker: There you go. Thank you, Mr. Speaker. Hon. Patricia J. Gordon-Pamplin: [INAUDIBLE] on The Speaker: Thank you, Honourable Member. the south side of mine. Does any other Honourable Member wish to But let me just say that there is a practical speak? challenge that has been brought to my attention, and that is that in some instances we have employers who Hon. Patricia J. Gordon-Pamplin: Yes, Mr. Speaker. looked at the existing Act and said, I’ve got a four- month period of time. So, they have communicated The Speaker: Yes. You have the floor. with their employee to say, I’m not going to bring you back. And that now, because this legislation is effec- Hon. Patricia J. Gordon-Pamplin: Thank you, sir. tively [INAUDIBLE] will not count, now their four- I just have a very, very— month count from July 1st when it is known that the employee is not going to be brought back. [Pause] So, I am just wondering if the Minister can perhaps speak to how this situation can be ad- The Speaker: Honourable Member Pamplin, you dressed, if at all. It certainly cannot be addressed un- have the floor. der the existing legislation. I think that it is something that has to be considered, because as opposed to [Feedback] expecting a redundancy payment next month, which would be the end of a four-month period of time, this Hon. Patricia J. Gordon-Pamplin: Thank you, sir. individual, or these individuals, as mentioned, will not I just [INAUDIBLE] comment to make and that be getting a redundancy payment now for, not just the is on the fact that I believe that colleagues on both three months from April to June, but also the period of sides have expressed the major concerns that our time when it is, you know, that the four months start. population is experiencing throughout the practicality So, I am just speaking on behalf of those of this change in the new norm, the change in what people who have concerns as to whether in fact when has become the new norm. But we have got some they were anticipating that [INAUDIBLE] that they are specific challenges that have obtained inasmuch as not going to be taken back. It is going to be under lay- the Employment Act as it presently exists before to- off, so it is expected a seven-month delay (the three day’s amendment provided for— months plus the four months, a seven-month delay) before these individuals are able to get redundancy [Feedback] payments when redundancy is actually staring them in the face. The Speaker: MP, we seem to be losing you, [you That is just a practical concern that I wanted are] in and out. to bring to the attention of the Minister. Because this information came to me very recently, I did not have Hon. Patricia J. Gordon-Pamplin: —in some in- the opportunity to reach out and ask for his clarifica- stances— tion in respect of this particular matter, but I think that when we start to look at problems and challenges that [Feedback] our people have, even though anecdotally it may not necessarily be a broad application, I think that even The Speaker: I know this morning you were very one person who is hurting is one person too many. I clear. I do not know if it has been affected by the think that given that we did not have a whole lot of weather this afternoon, but you were coming in quite options in terms of the building up of the economy and clear this morning. giving people other options to find employment, people are finding themselves in very straitened circum- Hon. Patricia J. Gordon-Pamplin: Probably so, Mr. stances. And now it is going to be seven months down Speaker. I live in Devonshire so there is no telling the road before these individuals—knowing that they what has happening down here. are not going to come back to work—are going to be able to get redundancy [payments]. [Laughter] Bermuda House of Assembly 4384 3 July 2020 Official Hansard Report

I am just wondering whether we could look at for us right now, Mr. Speaker, economically and from this in the context of, if there is an expressed intent a health perspective. We do not know what tomorrow that the position will be made redundant, then redun- will bring. And we do not know, definitely, what August dancy must be considered for the entire period for or September is going to bring as it relates to a health which that person has been off work. It just seems to crisis or, indeed, the economic challenges that we me to knit together and make eminent good sense to face. try to minimise the financial stress that people have But we do know this much: Our Government found themselves in. has done a sterling job, and we have worked hand in So, those are my few comments that I needed hand together with those opposite to try to do what is to make, Mr. Speaker, on behalf of the constituents best for the people of Bermuda. So, with that in mind, who have effectively asked for me to bring up their this seems to be the plan: to hold the course. The plan issue. to know that it is one thing to come here and say, I I thank you for your time, sir. support, but . . . . and we hear a lot of that. We hear a lot of that type of posturing, and we hear a lot of the The Speaker: Thank you, Honourable Member. subliminal messaging that goes along with trying to Does any other Honourable Member wish to sow the seeds of doubt in some areas. But let me be speak? crystal clear, Mr. Speaker. This is a moving target and Any other Honourable Member? it remains a moving target mainly because we have No other Honourable Member. Minister? no control over the actions of persons to our south, to our west, to our northwest, to our east. We have no Mr. Hubert (Kim) E. Swan: Mr. Speaker. control over what they do. So we are doing all we can. And we are leaders when it comes to making sure that The Speaker: Oh . . . is that Mr. Swan? our people are kept as safe as possible, and we must do even more to ensure that we do not allow people to Mr. Hubert (Kim) E. Swan: Yes. lower their guard when it comes to the proper practices necessary to make sure that we remain a safe ju- The Speaker: Mr. Swan, the Minister almost got the risdiction from a health point of view. opportunity that time. So it is very rich for persons who when in Mr. Swan, you have the floor. Government increased the debt by a billion-plus [dol- lars] during four years to say that we need a plan. I Mr. Hubert (Kim) E. Swan: Thank you, Mr. Speaker. have great confidence in our Finance Minister and our These are, indeed, sobering times that we Ministers to make the best decisions to take Bermuda have to consider all legislation that comes before this forward and to keep the needs of the people of Ber- House. I have heard it said on numerous occasions, muda front and centre, because I have often heard, so I guess it must be one of the mantras that has to You need to put Bermuda first. As we stand right now, come forward today from the Opposition that the plan, we certainly need to put Bermudians first, and we are the plan, the plan. And the one thing that I would say, aiming to do that respecting the fact that we work with hand over heart, about our Progressive Labour Party our partners as well who come here from overseas Government here is that we care and we are planning who we respect and appreciate. But these are un- daily to look out for the best interests of the people of precedented times in our country and around the Bermuda. world. And I think sometimes it is a little bit rich to be Many of my colleagues have reiterated that preaching to those who definitely know how to plan there is no template available for COVID anywhere in forward in a situation such as ours to be using the nar- the world. The circumstances that we deal with are rative to sow the seeds of doubt in persons in our unique even to us, in some areas, in dealing with this community. pandemic, be it from a health point of view and even from an economic recovery point of view. There are Hon. Patricia J. Gordon-Pamplin: Point of order, Mr. some areas where we will look to other jurisdictions Speaker. and there are some areas where they are looking to us as to how best to move forward. And just as an Mr. Hubert (Kim) E. Swan: Thank you, Mr. Speaker. aside, people like Dr. Carika Weldon and persons like that in that sphere need to be commended for the Hon. Patricia J. Gordon-Pamplin: Point of order, Mr. great work that they have done in this field. Speaker. We do not know, Mr. Speaker, what the future holds for COVID. And I have likened it on many occa- The Speaker: Point of order? I will take your point of sions to a design-and-build of a building where you order. are not going to tear it down, where you got to go into the walls and you do not know what you are going to find around the next corner. And that is what COVID is Bermuda House of Assembly Official Hansard Report 3 July 2020 4385

POINT OF ORDER The Speaker: Thank you, Honourable Member. Does Hon. Patricia J. Gordon-Pamplin: Yes, I realise, Mr. any other Honourable Member wish to speak? Any Speaker, that the Honourable Member is probably just other Member? wrapping up his speech, but I think it is important to— No other Member? Minister Hayward, would you like to take us to The Speaker: You made your . . . if you like, we can wrap up? continue on now. Hon. Jason Hayward: Yes, thank you, Mr. Speaker, Hon. Patricia J. Gordon-Pamplin: No, I think it is and thanks to the Members on both sides of the aisle important to make it clear that when the Honourable who have weighed in on this debate and basically Member says it sows seeds of doubt to hear “but” . . . supported the legislation. I believe every single one of us in this Honourable Mr. Speaker, I have already publicly acknowl- House, Mr. Speaker, is intent on making good law. edged that we are in for a rough ride for the next 18 The fact that on the one side of the aisle anything that months, at a minimum. So in a time when we need to is put down is supported wholeheartedly . . . and they pull together for the betterment of the country, this is may have had it bent backwards and forwards in this no time for political pontification which offers no solu- caucus, but from our perspective, we are hearing it tions. when we are debating— Mr. Speaker, I think some Members raised some realistic concerns in terms of [employers] play- Mr. Hubert (Kim) E. Swan: That is not a point of or- ing with this piece of legislation, the amendment, and der, Mr. Speaker, that is a speech! further keeping employees on lay-off when they ultimately intend to make employees redundant. And that Hon. Patricia J. Gordon-Pamplin: We are— is why we are only moving to cover the COVID period . . . exclude the COVID period. [Laughter] You may or may not know that what the employers were actually asking for was a 12-month ex- Mr. Hubert (Kim) E. Swan: That is a speech! tension. They were also asking that they be allowed not to pay the redundancy payments based on the The Speaker: She is going to wrap up now. You are state of their operations. We were not agreeable to wrapping up. that. And so, this is when we try to say this is a balance. It is not the best for either party, but it is the best Hon. Patricia J. Gordon-Pamplin: Mr. Speaker, if solution based on the situation that we are currently in there is something that we find that could be better or at the moment. needs to be pointed out, we have an obligation to do Mr. Speaker, I have heard a lot of talk in terms so. And we will continue to do so, irrespective of— of what is in it for the way forward, and I did announce this morning in this very House that I will be having The Speaker: Your point is taken. national tripartite social dialogue, in particular with the hotel industry to discuss the state of the hotels, items Hon. Patricia J. Gordon-Pamplin: Thank you. regarding collective agreements, redundancy and lay- offs, work permits, repatriation of unemployment ben- The Speaker: Thank you. Thank you for making your efits and training programmes moving forward. We point. recognise that we need to have that frank dialogue Continue, Member. with industry and that is what we will be committed to doing over the coming weeks. Mr. Hubert (Kim) E. Swan: Thank you, Mr. Speaker. With those brief comments, Mr. Speaker, and I was just wrapping up. having read the Bill entitled the Employment Amend- ment Act 2020 for the second time, I move that the Bill The Speaker: [INAUDIBLE] longer, but you can con- now be committed. tinue wrapping up. The Speaker: Thank you, Minister. Mr. Hubert (Kim) E. Swan: I certainly know when We are going to move to Committee and the persons are trying ever-so-skilfully to sow the seeds of Deputy Speaker will take the Chair. doubt. And I recognised it—and I pointed it out. So, I encourage the public to listen, as well, and I just want House in Committee at 4:14 pm to encourage those in leadership making decisions for the good of this country, given these unprecedented [Hon. Derrick V. Burgess, Sr., Chairman] times, to know that it is appreciated. Thank you, Mr. Speaker. Bermuda House of Assembly 4386 3 July 2020 Official Hansard Report

COMMITTEE ON BILL Hon. Jason Hayward: Mr. Chairman, I move that the EMPLOYMENT AMENDMENT ACT 2020 Bill be reported to the House as printed.

The Chairman: Honourable Members, we are now in The Chairman: It has been moved that the Bill be Committee of the whole [House] for further considera- reported to the House as printed. tion of the Bill entitled Employment Amendment Act Are there any objections to that? 2020. There appear to be none. Minister Hayward, you have the floor. The Bill will be reported to the House as printed. Hon. Jason Hayward: Mr. Chairman, the Bill seeks to Thank you, Minister Hayward. amend section 32 of the Employment Act 2000 with respect to lay off, due to the impact of the COVID-19 [Motion carried: The Employee Amendment Act 2020 pandemic resulting in the state of emergency in effect was considered by a Committee of the whole House in Bermuda during the period of 1 April 2020 to 30 and passed without amendment.] June 2020. Mr. Chairman, I wish to move all three claus- House resumed at 4:17 pm es. [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] The Chairman: Continue, Minister. REPORT OF COMMITTEE Hon. Jason Hayward: Mr. Chairman, clause 1 is the title. EMPLOYMENT AMENDMENT ACT 2020 Clause 2 inserts new subsection (4) into section 32 of the Employment Act 2000 (lay-off). This The Speaker: Thank you, Deputy. provides that references to a period of four months Members, the Bill is now being reported to the after which lay off is deemed to be a termination for House. redundancy do not include the period from 1 April Are there any objections to the Bill entitled the 2020 to 30 June 2020. Employment Amendment Act 2020 being reported to Clause 3 provides that the Act is deemed to the House as printed? have come into effect on 30 June 2020. No objections. The Bill has been reported and received in the House. The Chairman: Thank you, Minister Hayward. Members, that brings us to a conclusion of the Are there any further speakers? No further Orders on today’s Order Paper. We will do our third speakers? readings for the items that we have done today. Minister Hayward, do you want to move the Minister, would you like to do your readings clauses? now?

Hon. Jason Hayward: Mr. Chairman, I move that Hon. Curtis L. Dickinson: Mr. Speaker— clauses 1 through 3 be approved. The Speaker: Minister Dickinson? The Chairman: It has been moved that clauses 1 through 3 be approved. SUSPENSION OF STANDING ORDER 21 Are there any objections to that? There appear to be none. Hon. Curtis L. Dickinson: Yes, Mr. Speaker, I move Approved. that Standing Order 21 be suspended to enable me to move that the Bill entitled the Companies (Ratification [Motion carried: Clauses 1 through 3 passed.] of Deferred Returns, Fees and Taxes) Amendment Act 2020 be now read for the third time by its title only. The Chairman: The preamble now. The Speaker: Are there any objections to that? Hon. Jason Hayward: Mr. Chairman, I move that the No objections. preamble be approved. Continue, Minister.

The Chairman: It has been moved that the preamble [Motion carried: Standing Order 21 suspended.] be approved. Are there any objections to that? There appear to be none. Approved. Bermuda House of Assembly Official Hansard Report 3 July 2020 4387

BILL Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to THIRD READING move the Bill entitled Employment Amendment Act 2020 be now read for the third time by its title only.

COMPANIES (RATIFICATION OF DEFERRED Are there any objections to that? RETURNS, FEES AND TAXES) AMENDMENT The Speaker: ACT 2020 No objections. Continue, Minister.

Hon. Curtis L. Dickinson: Mr. Speaker, I move the Bill be now read a third time by its title only and [Motion carried: Standing Order 21 suspended.] passed. BILL The Speaker: Thank you. Now to your second one. THIRD READING [Motion carried: The Companies (Ratification of De- ferred Returns, Fees and Taxes) Amendment Act EMPLOYMENT AMENDMENT ACT 2020 2020 was read a third time and passed.] Hon. Jason Hayward: Mr. Speaker, I move that the SUSPENSION OF STANDING ORDER 21 Bill be now read a third time by its title only and passed. Hon. Curtis L. Dickinson: Yes, Mr. Speaker, I move that Standing Order 21 be suspended to enable me to The Speaker: The Bill has been read by its title for move the Bill entitled Public Treasury (Administration the third time. and Payments) Amendment Act 2020 be now read for There are no objections. It has been received the third time by its title only. and approved.

The Speaker: Are there any objections to that? [Motion carried: The Employment Amendment Act No objections. 2020 was read a third time and passed.] Continue, Minister. The Speaker: Thank you, Ministers. [Motion carried: Standing Order 21 suspended.] That now brings us to a close of the business for today. Mr. Premier. BILL ADJOURNMENT THIRD READING Hon. E. David Burt: Thank you, Mr. Speaker. PUBLIC TREASURY (ADMINISTRATION AND Mr. Speaker, I move that this Honourable PAYMENTS) AMENDMENT ACT 2020 House do now adjourn until Friday, 17 July, at 10:00 am. Hon. Curtis L. Dickinson: I move that the Bill be now read a third time by its title only and passed. The Speaker: Does any Member object to that?

The Speaker: Are there any objections? Mr. Rolfe Commissiong: Yes— No objections. The Bill has been read by its title for the third The Speaker: You object? Would you like to speak to time and passed. that?

[Motion carried: The Public Treasury (Administration Mr. Rolfe Commissiong: I will like to speak to that, and Payments) Amendment Act 2020 was read a third Mr. Speaker, but obviously I do— time and passed.] The Speaker: I am putting your 20 minutes on the The Speaker: Thank you, Minister. clock now, Mr. Commissiong. Minister Hayward, would you like to read yours? Mr. Rolfe Commissiong: Yes, sir. Obviously, I do not object to that! SUSPENSION OF STANDING ORDER 21 The Speaker: You have your 20 minutes.

Bermuda House of Assembly 4388 3 July 2020 Official Hansard Report

SOCIAL STUDIES CURRICULUM IN PUBLIC seven- or eight-year-old boy in Bermuda, 1963, 1964, SCHOOLS—BERMUDA AND GLOBAL STUDIES 1965, learned about our history. So, when we talk about what the Minister has Mr. Rolfe Commissiong: Thank you so much. said today . . . long overdue. It is not about placing Mr. Speaker, there are certain fictions that we Black history in a superior position. No, no, we are not as Bermudians—and we call ourselves Bermudians, going to indulge in the same evils that were perpetrat- and from a standpoint we are—hold dearly to. So, ed against us. But we are going to ensure that Black while we describe ourselves as Bermudians, nowhere history, so-called, is going to be part of our central by way of a legal or constitutional construct in our narrative; it is going to have a centrality within the con- Constitution, for example (which is the final word on text of the Bermuda story. matters to do with our Constitution and the political And no one with a straight face can tell me framework, everything like that), will you find the word that has been the case up to the present. And there “Bermudian.” And I have said this before. Neither will must be some responsibility for that, or the lack there- you find the word “citizen,” because Bermuda is not of, up until this point for many who preceded us. But an independent nation—we are a colony. And thus the buck stops here and now. It is not everything that why would there be the word citizen in your constitu- we need to have on this front, but the Minister and his tional order which was passed in a parliament thou- team have done great. And let me just say this here, sands of miles from here, I believe, in 1967. these measures were agreed to in our caucus (and I Apparently, there is another fiction that I have hope I will not get in trouble for revealing this) before to dispel. Earlier we heard the comments by the there was either a pandemic or before we had the bru- Member Jeanne Atherden that told us, unbeknownst tal murder of George Floyd in Minneapolis, which be- to myself and probably thousands of Bermudians, that came the catalyst for a worldwide protest with its slo- English and Portuguese are our “official” languages. gan being the very apt Black Lives Matter. Now, they may be our “common” languages, particu- You see, Mr. Speaker, and Mr. Deputy larly English, with Portuguese in a subsidiary manner Speaker, we are about ensuring that these stories being spoken by a significant minority, but certainly become central to our Bermuda story and experience, we have no official language. But more pernicious as I have said, not only for our little Black kids, it is was the assertion that by asserting Black Lives Matter just as important for the little white kids so that we can [we are] somehow diminishing whites, Portuguese begin to continue to deconstruct the evil of white su- and others within the country. premacy and its impact not only on generations of No! Nothing could be further from the truth, Blacks but generations of whites, too. Notwithstand- when it comes to the decision by the Honourable Min- ing, so that all know that the biggest burden or the ister as evidenced today on this decision, which was greatest damage as a consequence of that, as our arrived at by way of his sterling team which he men- dearly departed Dr. Eva Hodgson always took the op- tioned, to ensure that we will have Black lives matter- portunity to remind us, [was to] Bermuda’s Black ing in Bermuda even when it comes to the stories we community and generations of our fathers and forefa- tell about ourselves, our historical narratives, it should thers and grandfathers, and those within what was be no other way. formerly called the British Empire and throughout its I do not know the age of the Member on the precincts. other side, but I suspect she is of my generation, Mr. Yes, Black lives do matter. This Government Speaker. And from my generation, we have the reality is determined to make that a reality, to address the that at age six or seven or eight, I can remember as if systemic reality that has impaired and damaged so it was yesterday, we were taught history at Mount many within our community. And it has to do that. It Saint Agnes [Academy]. And the first thing I remem- must do that. It made a commitment to do that. It is ber being taught was that the Anglo-Saxons and Jutes heartening that there are growing numbers of white came into what was then Celtic Britain (I later found Bermudians, although still to be seen when we come that at the invitation of one of the warring Celtic with these hard concrete measures to address racial chiefs—and long story short). They then became the inequality—and they are being worked on—whether dominant groups within Britain and what would later some of those whites we saw out on the street arm in become the country that we call England, which is still arm, hand in hand, are going to be prepared to actual- a kingdom. So much so, that the Angles, which were ly see tangible public policy solutions to address the the dominant tribe of the three of these Germanic lack of racial equity and equality in Bermuda. So, we tribes from what we now would say, I guess the west- will see. ern, north-western parts of Germany, went on to have But as we speak right now, not only here, but their name become the name of England. even more so globally—both in western Europe and in What do you think England means? It means the USA and Canada—we have seen [more of] a level land of the Angles, we now more commonly refer to of white support for these principles than not. as Anglo-Saxons. But that was what I, as a six- or Mr. Speaker, we need to understand. I hope the Member here will accept this and know that I Bermuda House of Assembly Official Hansard Report 3 July 2020 4389 come with the best intentions. Both here and in the paraphrasing a little bit) . . . you have had, you know, US there are two things we have in common, such your boot (in other words) on the neck of our young that the democracy that you see in the US, the de- men in this country for generations. And I had to mar- mocracy such as it may exist in Bermuda, was fash- vel at that. Actually, I just saw it today. I did not see ioned, was given birth to by the oppressed Africans in her during that period, during the time of the march America and persons of African descent in Bermuda. and the protest. But she had it as a picture on her It is these groups that forced these colonies and the WhatsApp and it said, So am I. space that we call the United States of America to Mr. Speaker, I am going to close with this realise the ideals that it said it held to, but which they thought, and it ties in to the previous debate. And, be- deny to people of African descent. lieve me, I hope I am not going to cross the line in It is not only in America and Bermuda we saw terms of reflection. We are going through an unprece- this phenomenon, believe me. But I only mention dented crisis. We know the numbers of over 9,000 America because the two colonies from the same An- who are suffering right now laid off, unemployed. We gles (the Anglo-Saxons that became the English who know that the vast majority of those in terms of the then became the British Empire) had their beginning, Bermudians are Black Bermudians. I do not know the that Empire overseas, in Bermuda and the US in a exact figures, but if you live here long enough and you place called Virginia. We are tied at the hip. start seeing the same thing happen again over and So, we are not going to feel any way about over again in terms of racial disparity. I doubt if I am ensuring that this mission to force the West to live up going to be called out on this one. to its ideals, many of which were fashioned during the And we know that, as I mentioned before, the period of enlightenment . . . we are not doing it for this number of people who are without health insurance. It generation. We have a responsibility to our ancestors is just phenomenal. Pre-pandemic, 5,400-odd per- and to those yet to come to continue to march that sons—pre-pandemic, 2019 numbers—were without road towards democracy and freedom. And we shall health insurance and roughly 5,000 of those were make no apologies for it. Black Bermudian. And that figure includes children. Mr. Speaker, I thank God that I had parents We have 46 persons doing life—all of them are Black who were conscious, who believed in racial justice. men, except for . . . and we know the recent case, but So, when I went home from that schoolroom I got the I am saying pre that decision. Over 91 per cent of our proper narratives, the proper story—both in terms of inmates are Black Bermudian—or Black. There are family, at the personal family level, but in terms of the some Black inmates there as well, foreigners, but they larger story of our people and not just our people in are a small minority. But I think you get the point. Bermuda but our people throughout the diaspora— So, we are not here to replicate what existed particularly in the Caribbean and the USA. That was before. That certainly was not good for 55 per cent of what helped me to navigate these issues of identity, of the population, except for a small minority, I might culture. And why this is so vitally necessary for Black add. We are not here to replicate that. It is sad that we and white, our young kids, is that many of them will needed this crisis to begin to think about how we can not be getting that in their homes—and not in every reengineer our economy and more importantly our case—but largely because their parents themselves relation to each other. You see, we are about wanting do not know our story, our history. But we are going to to realise what for others has been a nasty talking make sure that for those children, Black and white, point about a One Bermuda. We are going to do the who do not get this story in their house, the story of hard work to create that One Bermuda, and many of oppression and the story of the resistance to racial those who were throwing that in our face . . . oh, they oppression and how that helped forge Bermuda and are not going to like the methods, the solutions, the make us the democracy, still imperfect that it is, today, public policies which we know are required to achieve that they are going to get that in their school, in their that goal. schoolhouse. And through that, we can begin to forge We have always believed in that. As I said two One Bermuda. weeks ago, Mr. Speaker (I am winding up), we know I know Bermudians, know, we are a practical that for us to even consider independence that this people. You know, we are pirates, and privateers and has to be a precursor to achieving that, to getting our smugglers. But I think we are at a point now where we people ready. There has to be an authentic one cannot allow expediency to continue to be the engine shared sacrifice (and I have talked about that, I am that fuels successive generations and the oppression not going to go down that road again, in terms of that they have suffered in this country. wealthy joining us in this project), but there also must I saw a picture earlier, Mr. Speaker, of a good be a commonality. And the stories we tell about our- friend of mine. And I am not going to call her name, I selves help to foster that. That is how you create a might get in trouble. (How dare I?) But she was out at One Bermuda. It is not about us being superior to an- the Black Lives Matter, one of the locations, and she ybody else. It is about us being included in ways that held a sign that said “Black Lives Matter Too In Ber- has never occurred in this country, but in ways that muda,” because you had your neck (and I might be are long, long overdue. Bermuda House of Assembly 4390 3 July 2020 Official Hansard Report

Thank you, Mr. Speaker. he said (and I am paraphrasing) that the defendant can only object to three jurors while the prosecution The Speaker: Thank you, Mr. Commissiong. . . . I think they have got about 40. Consequently, they Does any other Member wish to speak? get the jury they want. So you will find a young, let us say, Black Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. male or Black female being tried. It is not uncommon to have nine white jurors and three Blacks. Not un- The Speaker: Deputy Speaker? common. When I think about—

Hon. Derrick V. Burgess, Sr.: Yes, yes. Hon. Michael J. Scott: Point of information to my friend, the Deputy Speaker, if he will take it, Mr. The Speaker: Okay, the Deputy Speaker. Speaker.

SYSTEMIC RACISM IN BERMUDA The Speaker: Say that again.

Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Hon. Michael J. Scott: Point of information to the Speaker. Deputy. Mr. Speaker, it is difficult to follow MP Rolfe Commissiong. But let me say that . . . and I must give The Speaker: Okay, we will take your point of infor- this lady, whose name I am about to call . . . I must mation. congratulate her for signing her name to a letter 1she wrote to the editor and I guess the complaint was lev- POINT OF INFORMATION elled against Colonel Burch and myself. She wrote, “. . . 25 years later, and [they] still [blame] many of our Hon. Michael J. Scott: Thank you, Mr. Speaker. The ills on our colonial status.” prosecution have unlimited challenges—not four, but Well, Mr. Speaker, I wanted [to] if I can, read unlimited. an excerpt from a letter to the editor that Dr. Eva Thank you, Mr. Speaker. Hodgson wrote. She said it is really incredible that she could write (she is not talking about Ms. Connell, she The Speaker: Thank you. is talking about Monica Jones) racism is taught and then go on to point out that it is racism for Blacks to Hon. Derrick V. Burgess, Sr.: Thank you, cousin characterise white people as evil and white devils, et Michael. That even makes it worse. Unlimited! cetera. So, they get the jury they want and if you . . . Dr. Hodgson goes on to write, she for a Black person it is like, it is fighting off the ropes. says, 2“Why do people want to pretend that the racial It is almost like . . . well, it is like Reverend Monk when disparity between the races does not exist, as if our he went to court with an all-white jury. There was no history never existed . . .?” And she says, “We will way that he could have been found not guilty— never correct what we refuse to acknowledge.” regardless of the charge—because the narrative that Well, I am sure Ms. Connell writes based on a lot of white folks have of Black folks is negative. her experience. I do not think she has ever experi- When you read what Terry Tucker and, I think enced what Black folks had to endure in Bermuda be- it is William S. Zuill, wrote about Tucker’s Town, their cause of the racist policies approved by Government narrative of Black folks is terrible. They should take all House. of the books (if they have got any in the schools) writ- Mr. Speaker, when I think about the people ing history particularly about Tucker’s Town of Terry who cannot travel freely, Bermudians, white and Tucker and William S. Zuill . . . take them out of there, Black, because of a drug conviction (whether the ciga- because their narrative of us is negative, Mr. Speaker. rette, or a spliff, as they call it, or a seed), I would Now, Mr. Speaker, when I think about the guarantee that 90 per cent of the people who experi- governors that have been appointed in this country, ence this problem are Black. Consequently, that is not one governor—not one of them—has come to this why over 90 per cent of our prison population is Black. country and insisted on any law that is specifically Does that mean that white folks do not commit [beneficial] to Black people. Not one. None of them crime? I do not think so. That is the system that is de- had a history of fighting for Black equality. If you look signed in this country. When you think about the . . . if at the history, their actions demonstrate the opposite. you are going to Supreme Court for a trial, and when it Mr. Speaker, their performance in this country is a comes to jury selection . . . a young fellow, Denbrook, disgrace to the Royal Family. wrote a piece in the paper, I think just last week. And Mr. Speaker, when we see the difference in the way Black folks are treated in this country, I can

1 recall reading—and I still have them—from the blog- Royal Gazette, 27 June 2020 gers (I call them bloggers as I am not savvy in that). 2 Royal Gazette, 25 July 2017 Bermuda House of Assembly Official Hansard Report 3 July 2020 4391

But these folks wrote some negative comments about Dame Lois Browne-Evans has. None of them! And the Honourable Dr. Brown and Ottiwell Simmons. they display them every Heritage Day as heroes. They These comments are not even worth repeating, but are not heroes in the real sense of the definition of they were so brazen that they put their names and what a hero is. their picture. These are white young children—I call Mr. Speaker, with those comments, thank them children. They are not children today. I am sure you. they are back in Bermuda working in high-paying jobs and so on. But why would they put their names and The Speaker: Thank you, Deputy. pictures? Because they felt very confident that nothing Does any other Member wish to speak? would happen to them because of white privilege. And Does any Honourable Member wish to speak? nothing did happen to them. I can assure you that they were not even in- Mrs. Tinee Furbert: Mr. Speaker, MP Tinee Furbert, vestigated by the police because those types of com- Mr. Speaker. ments written by Black folks of the same age would have been investigated or would have had a visit from The Speaker: Ms. Furbert, MP Furbert, yes— the police. And that is why Government House contin- Ms. Furbert, you have the floor. ues to keep their knee on Dr. Brown’s neck. And I am asking them to take them off, Mr. Speaker. SOCIAL MEDIA COMMENTS REGARDING Government House has done nothing to ad- DR. CARIKA WELDON dress our historical racial injustices. Nothing! I am calling upon them, they should take the lead to eradicate Mrs. Tinee Furbert: Okay, great. Thank you, Mr. these injustices, not continue to perpetuate them, Mr. Speaker. Speaker. I just want to start off by echoing the senti- One thing I do know is that our Government, ments of Deputy Speaker Burgess in regard to Dr. our Attorney General, is looking at some law reform. I Carika Weldon, and comments that were questioning know one of the items there is about jury selection. our lab. I just want to say to Dr. Carika Weldon and And I welcome that. When we can get bloggers and also all the other doctors that are out there helping others criticising the competency of Dr. Weldon . . . it during this COVID-19 time that we appreciate you and is shameful what they are doing. A young, intelligent, appreciate you for helping to take care of the people down-to-earth Black woman, a young Black woman, a who are unhealthy and bringing them back to wellness lecturer in (I believe) Oxford University in the UK. And and to a healthy state. because the tests are coming in negative, they ques- There is a quote by Maya Angelou that says, tion the competency of Dr. Weldon. If she was a “I come as one, but stand for 10,000.” To all those young white woman doing the same thing, I think she naysayers out there in regard to the work that the lab would have probably been in the June Honours List that Dr. Carika Weldon operates . . . I want you to for a Queen’s award. know that there are many more supporters out there All this nonsense must stop in this country if that you have, many more supporters out there than we are to move forward, Mr. Speaker. The actions of the actual naysayers. So keep continuing to do what prosecuting and persecuting Black folks must end, you are doing and hopefully one day you will stand as and Government House must take the lead to see . . . one of our national heroes in years to come—or not because, as you see in the United States and other even years [to come], because I would consider her to parts of the world, and even in England . . . in fact in be a national hero now. the FA [Football Association] if you are broadcasting a So, I just wanted to start with that just to let game there are certain terms they cannot use in re- Dr. Carika Weldon know that we are supportive of her. spect of Black Lives Matter. We have to be supportive of all of our people who are And they are pulling down monuments of doing great and wondrous things for the betterment of people that really do not have a good history, really our country. And we must hold a high expectation for are not heroes, but they are displayed all over around each of our people whether they meet high standards, this world. We probably have some here. We have got whether they meet mediocre standards, we must— some people named as heroes in this country and they do not even fit the definition of a hero in this The Speaker: MP? Are you okay? It sounded like we country or anywhere else. lost you, but you are back now. These are some of the things that we have to Continue. change. And if we are going to have the heroes, let us have a real hero like Ottie Simmons or Dr. Ball or Dr. Mrs. Tinee Furbert: Okay. Gordon. Those are heroes, not some of those that So, I just wanted to say, I was just saying that they have on display in Bermuda. Most of those folks we support Dr. Carika Weldon and many other Ber- have not sacrificed their life like Ottie Simmons has, mudians. We have to continue to support them and lift like Dr. Gordon has, like Dr. Barbara Ball has, like them up and create higher expectations for them so Bermuda House of Assembly 4392 3 July 2020 Official Hansard Report

they can continue to do well for the betterment of our We have our helping agencies that have done a tre- country. mendous job throughout this COVID-19 pandemic. It is our hope, I am hoping that one day Ber- So, there is support. And sometimes we just muda will be used as an example when we are having have to say, Help me! We have to be brave enough to to deal with such health crises like we have now, that surrender and brave enough to be vulnerable to get Bermuda would be that lead in how we have handled help. And I know sometimes that can be difficult for such a crisis as COVID-19. So, just some encour- people. agement for Dr. Carika Weldon and, you know, I was So, I just want to uplift our helping agencies just saying that she is a national hero in my eyes. that are out there which are assisting persons. Maybe we need more hotlines. You know, maybe people do ASSISTING BERMUDA’S VULNERABLE not want to expose [themselves] or be vulnerable or show vulnerabilities to other people because they do Mrs. Tinee Furbert: Mr. Speaker, I just want to move not want to be judged. So maybe we need more on to an article, and this was actually in yesterday’s anonymous hotlines so that people can talk to people paper, if you will allow me to read from. This was the and they can be advised or guided with some help. article that the 3Royal Gazette did on Dismont with Mr. Speaker, I am not going to take up too [INAUDIBLE]. And in this article, she says that [IN- much time, but I do want to speak to another article AUDIBLE] “for services—they are traumatised peo- that was recent in the newspaper and this article was ple.” contributed by Ms. Daniella Jade Low. Currently Dan- She goes on to say that, “We need to find iella Jade Lowe is living in the UK. I do not think she ways to bring them in, [and] find ways to make them would mind me sharing because she shared publicly feel comfortable so they can say they need help.” that she has a spinal cord injury and she had to leave That is very interesting to me, Mr. Speaker. Bermuda to be able to reach a level of independence, Not interesting in that I do not believe it, because I do to be able to go to school. She felt as though she believe that people are not coming in to get help be- could not get that here in Bermuda. cause partly we probably, I do not know, maybe we Daniella is looking for employment. She has a are too busy, maybe we do not want to admit that we degree that would put her in the direction of journal- need help. But going through trauma in itself, some- ism. And she is also looking to start an accessibility times you just want to be alone, you do not want to consulting agency where hopefully she can bring that have to listen to anyone that could possibly help you. skill here to Bermuda. There are many services out there, Mr. Speaker. I bring this up because it is interesting that we In the article it makes reference to the Centre are still at a place where persons with disabilities still Against Abuse. It makes references to the Women’s feel as though they have to leave our shores and go Resource Centre and the Coalition for the Protection overseas to be able to get support, to be able to get of Children. But I am hoping that our people know that opportunity, because there is legislation out there that there are many services that we have out there and is supportive of them where they are not going to feel just to name a few, we have the EAP [Employee As- as much injustice or discrimination. So I just continue sistance Programme] that are part of our employment to support and urge us to consider legislation that programmes, there is Big Brothers Big Sisters, Child would support persons with disabilities here in Ber- and Family Services, Child and Adolescent [Services]. muda. We have our private psychologists. We have As quickly as we have been able to come up our school staff, our teachers, our principals, our with COVID legislation, I think . . . you know, we talk counsellors. We have our sports clubs and our dance about injustices. This is still a group that is left out. I schools that create a family of support for our children also want to make a plea and a call for funding agen- and our families. And we have families. cies, if there are funding agencies out there that are Now, I know sometimes we feel that our fami- still giving scholarships. Right now, Bermuda Gov- lies may not be as supportive to us as we would like. ernment is the only source that is providing a scholar- But in the end, it is people who help us to get through ship or funding particularly for students with excep- trauma. And so if the issue is getting people to come tionalities. And when you have students coming for- in . . . I know in these times it is difficult to go out to ward who have hopes and dreams to be able to get a people because right now we are in COVID-19 and college education or further their education and they we have to take all sorts of precautions. But we do cannot qualify for a particular scholarship which is now have the option for online services, which are based on merit, but they still have the drive and they actually being covered through insurance companies. still have the ambition, and they would not even be We also still have our telephone which could be used considered because maybe their grades are not up to as a source of communication, an outreach to people. par but that does not mean that they are still [not] valuable and that does not mean that they are still not smart.

3 Royal Gazette, 2 July 2020 Bermuda House of Assembly Official Hansard Report 3 July 2020 4393

So, it is a plea of mine that people consider Mr. Christopher Famous: Mr. Speaker. persons with learning challenges, learning disabilities to be able to provide them with opportunities to be The Speaker: Yes. able to further their education, and that it not remain just something that Government is providing for. More Mr. Christopher Famous: Sorry. Let me take off my and more we know about our students who experi- blue mask. ence ADHD, ADD, learning disabilities such as dys- lexia and dyscalculia, and because they have not The Speaker: That sounds like that fellow from the been given the proper supports, they then go into a East End who likes to talk to me from the west part of workforce in which employers are not supporting his house. them. And so they are finding that they have to leave our country because they cannot survive without be- Mr. Christopher Famous: Can you see me, Mr. ing employed. And our employers are not being un- Speaker? derstanding or helpful by providing simple modifica- tions or accommodations to allow them to work. And The Speaker: Mr. Famous— they are just being labelled as someone who is dumb when really, if we provided them with proper supports, Mr. Christopher Famous: Good afternoon, Mr. we would actually find out how capable and smart Speaker— they are. I am making this plea for our people, and par- The Speaker: Good afternoon, sir. ticularly for our males who feel as though they do not have a foot in the door with opportunities. We hear Mr. Christopher Famous: —I will speak briefly on that some boys would say, you know, I am hands on; I four matters. just like to do things with my hands. It is hard to be in a classroom where I am expected to conform and I The Speaker: Yes. can’t read. I can’t, you know, I don’t understand what is before me. I can’t read so I just shut down and I Mr. Christopher Famous: I am in support of my Rob- don’t participate because I am having difficulty with in Hood colleague, that we must provide support for reading. Or, I will be the class clown to make every- all people in all shapes, sizes, and intellectual abilities. body laugh at [my] distraction. Or display some sort of behaviour in the classroom as an avoidance tactic to The Speaker: Go right ahead. get away from their schoolwork. We have so far to go, Mr. Speaker, as it re- Mr. Christopher Famous: Mr. Speaker, the first topic lates to our students with learning disabilities. And I want to speak on is a topic by a gentleman named there are many [teachers], particularly in our school Cyril Packwood. [Do] you remember him, Mr. Speak- system, who are doing a great and wonderful job. And er? There is a post in 4The Bermudian magazine. The kudos to them, because I know it can be hard work title is “The Origins of African-Bermudians” by Cyril trying to teach many students with many different Packwood. May I read a slight paragraph, Mr. Speak- types of learning styles and many types of personali- er? ties. But if it was easy, Mr. Speaker, I think it would be quite boring. I think teaching and being around people The Speaker: Go right ahead, sir. would be quite boring and that is that specialness that we have in each and every one of us which creates ORIGINS OF THE AFRICAN-BERMUDIANS our personalities and it creates part of our culture. I have a note down here and it says, What are Mr. Christopher Famous: “It is not possible to write our opportunities? And I believe that people are con- of the origins of the African-Bermudians in Bermuda stantly looking for opportunities, and not difficult ones. without considering the important impact slavery had Opportunities create value. They allow people to feel on the Island’s ethnic composition. While the first Afri- as though they belong without judgment. And so I am can-Bermudians were not slaves, but indentured hopeful, I am very hopeful, Mr. Speaker, that we will servants, it was slavery which caused the great influx continue along our trajectory of giving people hope, which ultimately would shape the ethnic population of providing our people with opportunity all to make our the Island. Taken as a captive with only the possibility Bermuda a better place for Bermudians who come in of surviving an unspeakably miserable voyage to an many different shapes, sizes, and intellectual abilities. unknown and threatening destination, classification of And with that I will end. the slave as an immigrant is undoubtedly questiona- Thank you, Mr. Speaker. ble. It is true that many Bermudian slaves did not come directly from Africa, but from an intermediary The Speaker: Thank you, MP Furbert. Does any other Member wish to speak? 4 June 4, 2020 Bermuda House of Assembly 4394 3 July 2020 Official Hansard Report

destination such as the West Indies. Their ethnic Do you know what that means? Well, that origin, however, was still Africa, . . . .” means . . . and I am going to quote something, Mr. I say that in the context that as we are speak- Speaker, from www.reuters.com. “‘It is not enough to ing more about the true origin of Black Bermuda, let say sorry,’ said Hilary Beckles, chairman of the us keep in context that while for generations they CARICOM Reparations Commission which was set up have been trying to tell us that we should have noth- by Caribbean countries’” (our brothers and sisters) “‘to ing to do with the West Indies, or the Caribbean as seek reparations from former colonial powers such as they say now, that is where 99 per cent of Black Ber- the United Kingdom, France and Portugal. mudians (whether you came before or after Emanci- “‘We are not asking for anything as” simple pation) came from—the West Indies. “as handing out cheques to people on street corners,’ Beckles told Reuters . . .. ‘The issue of money is sec- HISTORY OF FRIENDLY SOCIETIES IN BERMUDA ondary, but in this instance the moral discharge of one's duty does require in a market economy that you Mr. Christopher Famous: Mr. Speaker, let me move contribute towards development.’” on to the next subject: Friendly Societies. The Friendly Mr. Speaker, we in Bermuda and our brothers Societies played a significant part in the history of and sisters in the Caribbean, we were there because Bermuda. In days of racial segregation, they were a of slavery. Plain and simple. Now that there is a reck- focal point for Black Bermudians as they served as oning of what Black lives matter, we cannot sit there places of social activity and provided forums for mem- and say, Well, we are just going to accept Aunt Jemi- bers to develop leadership and political skills. ma’s name getting changed or Uncle Ben’s name get- May I repeat that, Mr. Speaker? ting changed. No! No, no, no, no. Those who profited off of our labour, have to pay, one way or the other, The Speaker: Yes, go right ahead. Mr. Speaker. So, you know what, Mr. Speaker? There is a Mr. Christopher Famous: The Friendly Societies radio show every Thursday, [from] 5:00 pm to served as places of social activity and provided fo- 6:00 pm. And next week we will be discussing Friend- rums for members to develop leadership and political ly Societies and Mary Prince because people have to skills. know the true origin of Cup Match and the true origin The 19th century saw the beginning of the free of our own Bermudian heroine who helped to mobilise Black societies and lodges such as Young Men’s abolition, [the] abolition of slavery. Two weeks from Friendly Institution and other lodges which had then, on the 23rd of July, Sir Hilary Beckles, chairman branches in several parishes, and [these] filled social of the CARICOM Reparations Commission, will be on needs such as schools, health care, supportive busi- that same show. He will be helping to educate Ber- nesses, and organised gift clubs. I bring that into con- mudians about the drive for CARICOM to get what we text, sir, that whilst we talk about the Employment Act deserve. We are not looking for “sorry’s.” We are not earlier (I am not going to debate that), we need to looking for a little statue coming down. We want what provide a safety net for our people. But when slavery is owed to us. ended, we had no safety net for our people. We only Mr. Speaker, I listened passionately to MP had each other. And we only had the Friendly Socie- Rolfe Commissiong. I listened passionately to Deputy ties. Speaker Burgess, aka, the Bishop. I listened passion- Out of these Friendly Societies, Mr. Speaker, ately to MP Tinee [Furbert]. And all of them spoke we built schools, we built churches, we built communi- about things in different manners. MP Tinee talked ties. And I say this in the context that now that we are about access for all. The Bishop, Deputy Speaker, facing a lot of economic crises, we cannot sit here and spoke about true heroes. MP Rolfe spoke about Black say, Well, which charity is going to give us money? lives mattering. We cannot just let this be a window in Our ancestors, who came from the West Indies, who our time, Mr. Speaker. We, like our forefathers in the were not slaves, did not have any white charities help- Friendly Societies, have to make something matter ing them. They had each other. That is what we have out of all of this. We have to re-educate ourselves to do now, Mr. Speaker. We have to help each other. about our origins. We have to re-educate our children about their origins. And, no, our origins did not start BLACK LIVES MATTER—REPARATIONS with slavery. We have to re-educate Europe and the United Kingdom that is sending a Black woman down Mr. Christopher Famous: Mr. Speaker, I am going to here that, no, we are not bowing down to appease- move on. Now that there is global consciousness ment. You cannot just send a Black woman down about Black lives do matter, or as Honourable Rolfe here and think the natives are just going to be calm Commissiong said, Black Lives Mattering, there is a now. No. We want what belongs to us. So, Mr. consciousness about a word called “reparations,” Mr. Speaker, I will be speaking more about this as the Speaker. weeks and months go by.

Bermuda House of Assembly Official Hansard Report 3 July 2020 4395

MEN—MAINTAINING OUR HEALTH The Speaker: Members, who else would like to speak at this time? Mr. Christopher Famous: Mr. Speaker, I will end on this note. A few weeks ago I was challenged to a Hon. Michael H. Dunkley: I would like to speak from push-up challenge. At first, I did not want to do it. I the western side of Devonshire, Mr. Speaker. was like, Why should I do a push-up challenge? But then I did it and I was able to coerce MP Sylvan Rich- The Speaker: Yes, you have the floor. ards to do it as well, 25 push-ups each day. So, I upped the game— Hon. Michael H. Dunkley: I do not have my Cup Match mask on because I am sitting in my house, so I The Speaker: Sounds like you are trying to get ready do not need to have it on. But you know, Mr. Speaker, for your cricket team. They might need the help. I am with you all the way on this one.

Mr. Christopher Famous: Oh, yes. You are . . . you The Speaker: All right. are getting . . . you are stealing my punchline! So one day I upped it to 30, the next day he MEN—MAINTAINING OUR HEALTH upped it to 35. And there was a little competition going on, it was friendly competition. Now, as you know, Mr. Hon. Michael H. Dunkley: I am happy to follow the Speaker, MP Sylvan Richards and I, we ain’t on the blue-and-blue guy from just over the hill in Devonshire same side. We ain’t on the same side politically and here, and certainly I want to piggy-back a little bit on we ain’t on the same side at Cup Match. But what we what he said about taking care of our health before I are on the same side of is maintaining our health. get into two other issues that I want to speak about. I say this to every man listening to me, Black, Mr. Speaker, it is interesting that in life often white, St. David’s Island, the Portuguese, around the we need shocks to make us pay attention to the reality world. We, as men, are guilty of neglecting our health. around us. As we are young, growing up, we feel we We do not get our check-ups. We are too proud to get can accomplish anything, we can do anything, we feel our prostate checked. We eat all sorts of things that we are invincible. We see it now on the roads in the we should not eat. (Not you, Mr. Speaker, because way a lot of our fellow Bermudians drive on the roads. somehow you stay the same size you have been . . . They feel that if they come off a bike they can just pop since you were born.) up and run off and get back on the bike and they are But I am serious, Mr. Speaker, as men, all of not going to be injured in anyway. But the older we get us, we need to take a page out of Bishop Burgess’s the more reality slips into us and makes us under- book, take a page out of MP Michael Scott’s book, stand that our bodies are not invincible; that we all take a page out of even Sylvan Richards’s book, even have issues. We all need to maintain our bodies. We MP Dunkley. We have to stay fit. It makes no sense all need to do what we can to keep ourselves in rea- for us up here [to be] arguing about this, that and the sonable health. We all need to have annual check-ups other if we are neglecting our own health. If we refuse on a regular basis, especially when you get to be the to go to the doctor, or if we do not follow up and go to age of 35. the required specialists, we are doing ourselves a dis- You know, Mr. Speaker, like many colleagues service. We are doing our children a disservice. We in the House I was always very active when I was are doing our country a disservice. young. I played football, cricket . . . every sport. In So I am going to end on this note. I am going fact, I tell people all the time, I would have never got- to challenge each one of my parliamentary brothers to ten through school if they did not have sports, be- ask yourself, Can I do 25 push-ups? If you cannot do cause my parents always told me that, If you don’t do 25 push-ups, you need to start. Start with 5, start with your schoolwork, you are not going to play your 10, but I want every one of my parliamentary brothers sports. So that made me really knuckle down and to get a hold of their health. With that, Mr. Speaker, I commit to doing the schoolwork so that I could go play wish you good night from the western side of my sports and do the interschool sports or play football house which is in the eastern side of Devonshire. and cricket down one end of the Island to the other. Thank you. But I certainly had a shock when I was younger because my father died at the relatively The Speaker: Thank you, MP Famous. That was a young age of 40. Our family, my brother and two sis- good note to end on, encouraging us all to be more ters, we were all still young children at the time, and I healthy. saw my father as a solid rock. I saw him as physically fit. He exercised, he played a lot of sports, but he Hon. Michael H. Dunkley: Mr. Speaker. I would like smoked, Mr. Speaker. And the cigarettes actually con- to— tributed to his death by having a stroke. And from that time on, I got that most unfortunate sharp shock that nobody is invincible. And when my hero was taken Bermuda House of Assembly 4396 3 July 2020 Official Hansard Report from me at that young age, I knuckled down more to when people cross the line and get personal, or say, in the first instance, I want to stay in shape. In the damning information that is not correct, or post pic- second instance, I want to live longer than he did. And tures that should not be posted because they relate to in the third instance, I want to live longer than my injuries of people, we need to say enough is enough, grandfather who died at 62. So, so far so good, be- Mr. Speaker. cause I just turned the 62 the other day and I am still For example, there was a post going around going. earlier this week in regard to the horrific accident in- But, you know, MP Famous talks about chal- volving the two Regiment officers (I think it was on lenging each other to stay fit. To keep your body in Monday night of this week), showing the damage to good shape we do need to have challenges because the car and things like that. Those types of posts are life can be mundane at times. For example, when we unacceptable in every way because, clearly, those were locked down for the whole period of time, many types of posts come on very quickly after an incident people got into bad habits. We could not exercise like or an accident. They come on very quickly before we wanted to, and that was an unfortunate opportunity friends, and more importantly, families, even know where people’s health suffered a little bit. And so now what took place. And those types of posts send the it is great to see people challenging people, other men shudder of fear through people who wonder what is challenging men with the 25-push-up challenge and happening to their loved ones. They are unaccepta- things like that. I hope that we can continue to do it ble, Mr. Speaker. because [maintaining our] health is an everyday thing Posts such as one I saw a couple of weeks that we should do. ago, right after a road traffic fatality, where there was You know, at least five days a week we a post of the individual still there in front of the vehicle should do some exercise. And if we do that I think we before the ambulance had even got there, which was will find that our lives will be more productive, more circulating. Those are unacceptable, Mr. Speaker. fruitful, and certainly we can help in our own way to And we should call people out over that. reduce our health care costs, which are quite expen- In fact, now is the time I think we actually sive if we have a number of issues to deal with. So I could enact some legislation to make those types of applaud the Honourable Member for bringing up those things against the law because they make difficult sit- comments. You know, trying to stay healthy is a life- uations, they make horrific situations, they make tragic time experience you must do and you must commit to situations even more unbearable for families and it every day. friends who are impacted by it, Mr. Speaker. So I use the comments tonight about the so- SOCIAL MEDIA COMMENTS REGARDING cial media posts (which I did not see) to reflect on DR. CARIKA WELDON people crossing the line. And if people crossed the line on the posts tonight about Dr. Weldon, well, then Hon. Michael H. Dunkley: Now, Mr. Speaker, let me it is right for the Premier to bring it up. And it is right speak for a few moments on the social media posts for colleagues to bring it up and question it, but if peo- which the Premier alluded to last night during the ple are asking questions, then those questions should press conference, and colleagues have alluded to to- be answered, Mr. Speaker. day during the motion to adjourn. I have not seen the I think that sometimes, Mr. Speaker, what post so I do not know what the Premier or colleagues people get confused by and ask questions about is are referring to, but I was quite surprised last night when they see a very strong defence of certain indi- when I tuned into the press conference and heard viduals, but for other people when something horrific such a vehement support over a social media post happens to them in life and or something unfortunate that was out there. happens to them in life and very little is said. For ex- Mr. Speaker, let me say right up front in my ample, the dismissal of Tawanna Wedderburn, from remarks that I have not seen these in any way. But the Bermuda Health Council months ago, ruining that there is no way any individual should attack some- life, very little was said about that, Mr. Speaker. But body else, personally or on social media. And one of that is another person, a professional person in Ber- the things that really aggravates me about social me- muda who has respect. Why wasn’t there an outcry in dia . . . and it is an outlet that everyone is on, to some the community about that, Mr. Speaker? I just ask the extent, whether it is Facebook, Twitter, Instagram, question. many of the different ones, people are on them. So, if it is good for the goose over here, it is It is a way for many people to post things that good for the gander on the other side, Mr. Speaker. totally cross the line. Now, it is one thing to have a Everyone must be supported and stood up for. And debate thing back and forth, to make a post, ask so, I say that so we can reflect and we can hold the questions, be critical of somebody but not to be per- same level of standard all the way around. sonal. There is no problem with that; you see some Now, Mr. Speaker, the comments by the Hon- good discussions all the time on various social media ourable Premier and by people in support of Dr. Wel- portals where you have those good discussions. But don, who I never have had the pleasure of meeting, Bermuda House of Assembly Official Hansard Report 3 July 2020 4397

but from what I know she has a great résumé. She is and we can stay away from becoming personal about very energetic. She has come at a difficult time and issues and have a better understanding. helped our country with the team down there. So I Thank you, Mr. Speaker. applaud the effort and the initiative. But one of the things that when I started to think about what the post The Speaker: Thank you, MP Dunkley. could have been about, Mr. Speaker, it led me back to Does any other Member wish to speak? a question period we had in the House in the middle of May (over six weeks ago now, Mr. Speaker) where [Inaudible interjections] I asked questions about COVID-19 costs. I asked questions about the total cost of what Mr. Dennis Lister III.: Yes, good evening, Mr. the Government spent to deal with COVID-19, in PPE, Speaker. in equipment, everything like that, Mr. Speaker. And at that time, it was clear that while the Minister of Fi- The Speaker: Good evening. nance gave some answers, and the Minister of Health tried to give more answers, that they were at sixes Mr. Dennis Lister III.: How are you? and sevens about it, because the Minister of Health had to retract what she said because she was cor- The Speaker: Ahh, MP Lister. How are you this even- rected by the Minister of Finance. ing? And the Premier was then able to answer some questions and at that time made the statement, [Crosstalk; Feedback] Mr. Speaker, and you can go to Hansard and check it out, the Premier made the statement that in the very SOCIAL STUDIES CURRICULUM IN PUBLIC near future the Minister of Health would come to the SCHOOLS—BERMUDA & GLOBAL STUDIES Honourable House and give a full overview of all COVID-19 costs, because questions were being Mr. Dennis Lister III.: Good evening to you and to asked. my fellow MPs and to the listening audience. Now, here we are, six weeks later and it has not happened. And that is one reason why people ask [Crosstalk; Feedback] questions on social media, because they did not get answers originally from what they had to say. Mr. Dennis Lister III: [INAUDIBLE] today the Now, Mr. Speaker, you know, it is very clear Education Minister’s statement regarding the Social that the Government has done a commendable job of Studies Curriculum in Public Schools–respecting containing the virus when it hit Bermuda. I mean, I Bermuda & Global Studies. think everyone had their estimate of how we would be I wholeheartedly support this and I endorse impacted, how many positive tests we would have, the Minister and his team for reintroducing and em- how would it impact our community. And I think for all phasising Bermudian, African and Caribbean studies. intents and purposes, Mr. Speaker, what most people Mr. Speaker, Honourable Member Atherden ques- estimated would take place was at a higher level to tioned the Minister [about] his statement by asking, what we actually experienced and where we are to- What about Anglo-Saxon and Portuguese history? Mr. day. And so we have done a commendable job be- Speaker, I actually took offence to that question. cause we shut down the border. Asking that question, Mr. Speaker, is equiva- But it was also very clear. . . and this is not a lent to saying all lives matter during this time of Black fault of Government, Mr. Speaker. But it was also very Lives Matter. And I say that, Mr. Speaker, because we clear that because of the mad rush and the crush to know all lives matter, but [not] all innocent lives are get PPE and testing equipment which we could not getting killed by police officers and who are getting get it in Bermuda as quickly as we needed to get it in away with it on video. Mr. Speaker, all lives are not Bermuda, all the while the Government in the early getting treated like that. And the same with history, stages was saying we were doing aggressive testing Mr. Speaker, Anglo-Saxon and Portuguese history when we were not, in fact, doing it. Now we are very does matter. As a matter of fact, all history does mat- aggressive. And I think we are all proud of that, Mr. ter. But, Mr. Speaker, in Bermuda, Anglo-Saxon and Speaker. Portuguese history is at least taught. But we know is And so I raise these comments tonight to re- what we do not know about Bermudian, African and flect back on a commitment that Government gave Caribbean history, Mr. Speaker. about COVID-19 costs, and I look forward to the As Bermudians, we can sit and we can look at Premier and the Minister of Health coming to the Bermuda and see remnants of Anglo-Saxon history. House in one of the remaining [sittings] that we have We have the hospital, “King Edward.” We have res- for this session of Parliament to give a full overview of taurants, King Henry [VIII]. Mr. Speaker, even most of the costs so that the questions can be cleared up. our locations are named after Anglo-Saxon persons— Hopefully people can get all their questions answered St. George’s, Somerset, Smith’s Parish. Every parish Bermuda House of Assembly 4398 3 July 2020 Official Hansard Report is named after an Anglo-Saxon, Mr. Speaker. So, yes, It even goes on to say that upon conversion to we do understand that Anglo-Saxon and Portuguese the religion of Islam, Mansa Musa made a trek to history matter in Bermuda. But, Mr. Speaker, we have Mecca. He travelled through Egypt. And upon landing forgotten about Black and Bermudian history. in Egypt, his caravan which consisted of thousands of I just want, before I go on, to paraphrase the persons, thousands of pounds of supplies, and gold comment also made by Member Atherden when she . . . the amount of gold that was introduced to the said that Portuguese is in fact the official language of Egyptian market on that trip crashed the gold market Bermuda. I stand to correct, that it is not. Bermuda’s because there was so much gold. They had never official language is only English. Portuguese is not an seen gold like that before, Mr. Speaker. official language, Mr. Speaker. So, yes, Mr. Speaker, So, again, we have to know where we come all lives matter, all history matters. But Black Lives from to know where we are going, and as kings and Matter now because of what we see going on and queens in Africa—and there are many, we just are not Bermudian and African history matters now, Mr. taught in history. So, again, I support and wholeheart- Speaker. edly endorse this initiative by the Minister of Education Again, in Bermuda . . . and, Mr. Speaker, I so that we as Black Bermudians . . . and not just Black must declare my interest. I did go to a private school, Bermudians, because again as a Black man you learn so I cannot say what was taught in public school. But about European history, world history .So now it is in private school we learned world history, world geog- time for everyone—Black, white and Portuguese—to raphy, we learned American history, American geog- learn about Bermudian and African heritage and histo- raphy. So we learned about everything but Bermudian ry. history; or it was very limited, Mr. Speaker. And as for the Portuguese, yes, we do under- But most people, and myself especially as I stand that they have their own carved-out niche from am a history buff—history, geography those were my the rest of us. So I also encourage and implore the favourite subjects in school. I try to learn as much as I Minister and the Ministry to introduce some Portu- can and still, to this day, I read. And that, Mr. Speaker, guese history for our Portuguese citizens here in is how I actually found most of my history, African his- Bermuda. Again, we must not leave out anybody. But tory, even Bermudian history, on my own, by reading. we have to understand that right now Black studies, We did not learn it in school. And even, Mr. Speaker, Bermudian studies, African studies are important to up until maybe three years ago, I did not know who learn so that we do not forget who we are. Mary Prince was. I had heard about Sally Basset but I So, again, those are my comments. Thank did not know about Mary Prince. So we were not you for the opportunity to speak, Mr. Speaker. And for taught this in school, Mr. Speaker. all who are listening, have a good evening. So, again, Mr. Speaker, with these brief comments, I wholeheartedly support what the Minister and Hon. Jeanne J. Atherden: Mr. Speaker. the Ministry of Education is doing by introducing and emphasising Bermudian, African and Caribbean stud- The Speaker: Thank you. ies. Because as they say, Mr. Speaker, to know where you are going you have to know where you come Hon. Jeanne J. Atherden: Mr. Speaker. from. Mr. Speaker, the reason why we see a lot go- The Speaker: Ms. Atherden, would you like to speak ing on today with Black on Black violence and just the now? deterioration of the Black community as a whole, is because we are not taught where we came from. We Hon. Jeanne J. Atherden: Yes, please. are not taught that we were once kings and queens in Africa. Earlier today the Minister of Education men- The Speaker: You have the microphone. tioned being taught on Mansa Musa. Mr. Speaker, maybe 10, 15 years ago when doing research I came SOCIAL STUDIES CURRICULUM IN PUBLIC across who Mansa Musa was. And I came to find out SCHOOLS—BERMUDA & GLOBAL STUDIES that he was actually the richest man to ever live in the history of our planet. Hon. Jeanne J. Atherden: Mr. Speaker, I prefaced He was an African king from the Songhai Mali my question this morning by indicating to the Minister empire which even to this day we make reference to that I was pleased that in the school system there was when people coined the phrase, Timbuktu. Timbuktu going to be the exploration of all the things that were is a historical, actual place in Africa which, during its important to us as Black individuals. I also referenced heyday, was the Mecca of its time—universities, col- the fact that the Minister had indicated that it was go- leges, learned people, science. So Timbuktu was a ing to be transformative for all students. leader of the world. So Mansa Musa was the ruler of The reason I asked the question was not be- Timbuktu and that empire, Mr. Speaker. cause I was trying to say, Is this the only thing that you are doing? I wanted to get fleshed out what else Bermuda House of Assembly Official Hansard Report 3 July 2020 4399

was being done so that everybody else who is on the Hon. Jeanne J. Atherden: I am going to continue. Island, everybody else who is out there would be The Member had opportunity to say whatever aware of what our children were learning in school. he wanted. I have my opportunity now. And what I am Because as someone said earlier, when we were saying is the fact that if we do not start recognising the much older, maybe perhaps we learned everything contributions that each ethic group, each group that about Anglo-Saxon. We did not learn anything about comes to the Island can make, and if we do not [stop] what happened with Black people who came to the pitting each other against each other, [most] times for Island. We did not learn anything about slave trade, et very much divisive reasons, then I fear that the coun- cetera. But if we do not start getting to a situation try is not going to be able— where we try and make sure that every Bermudian understands the contribution that each group has Mr. Hubert (Kim) E. Swan: Point of order. made to the Island and starts to respect what we all have to give, and have a mutual respect, I am really The Speaker: I take your point of order. worried that we are not going to grow as a country. Point of order? Therefore, when I asked some of these questions it was not because I was trying to negate the [Pause] emphasis that was being done. I wanted to be sure that when we started to move and do more about The Speaker: Mr. Swan, would you like to put your what our legacy is, what our heritage is with respect to point of order? being Black, that we do not negate the fact that right now there is a growing population of people who are POINT OF ORDER mixed. There is a growing population of people who [Misleading] are Portuguese. And therefore, if we do not start to understand that each group has been there and been Mr. Hubert (Kim) E. Swan: The Honourable Member for each other . . . I know lots of people who are older is misleading the House by mispresenting the problem who talk about when they were living in certain areas at hand. that Blacks and whites got along very well with each The Black community has been ruled for cen- other because what they had in common was the fact turies in this country and the playing field is unlevel. that they were both struggling. They were struggling The narrative that the Honourable Member is trying to and that is what they had in common. Therefore, they portray is like people are being divisive by only looking were not looking at someone to sort of say, Well, you to level the playing field. In order for the playing field are white and I am Black and therefore there is this to be levelled, things have to be done to rectify centu- need for us to be at each other’s throat. Because they ries of wrongdoings—and some even very recent, Mr. realised that they were all in it together, and in Ber- Speaker. It is a false and a very dangerous narrative muda we are all in this together. that the Honourable Member is advancing. So I was really concerned that the— The Speaker: Thank you, Member. Mr. Rolfe Commissiong: Point of order, Mr. Speaker. MP Atherden. Point of order. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. The Speaker: Point of order— So when I asked the question, and I did ask the question whether the Minister would at least say POINT OF ORDER what was being done in schools, was just so that this [Misleading] type of information could be gotten out there. Because as I recognise and I know someone indicated that Mr. Rolfe Commissiong: The Member is misleading Portuguese was not the official language, well, when I the House and misleading the country. went . . . and I cannot remember which website I went The Member full well knows that all of the rel- on. I saw that in terms of the official language it said evant statistics note that our personal relationships English and Portuguese. And therefore, that is— indicate that Blacks are socioeconomically marginal- ised in this country. All of the stats indicate that. Is she Mr. Rolfe Commissiong: Mr. Speaker, point of order. going to say that this is not true, Mr. Speaker? Mr. Speaker, the Member full well knows that it was I who made that comment— The Speaker: Member. The Speaker: Point of order. Hon. Jeanne J. Atherden: Mr. Speaker— POINT OF ORDER The Speaker: Continue. [Misleading]

Bermuda House of Assembly 4400 3 July 2020 Official Hansard Report

Mr. Rolfe Commissiong: The Member is misleading to clarify whether . . . based on the Minister’s state- the House. She full well knows that it was myself, ment, talking about the curriculum, and how he had Rolfe Commissiong, who made that retort to her highlighted these other things, I just wanted to be sure claim. And she is old enough to know and been in pol- that somewhere in the curriculum there was an oppor- itics long enough to know that there are no official tunity (if you will) to talk about everybody in Bermuda languages in Bermuda, including English. who is making a contribution so that as we go forward Thank you, Mr. Speaker. we will have more opportunity to have mutual understanding of the needs, mutual understanding of the The Speaker: Okay. concerns, because sometimes in terms of whether Continue, Member. The point was made. you are going to have a roof over your head, whether you are going to have a pay cheque, whether you are Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. going to have a proper health system, those things cut This in terms of languages that people are across racial lines. They have nothing to do whether normally trying to use, I would think that there has you are Black, white, or whatever. been a recognition that in terms of predominant lan- Lots of people in each one of these ethic guage, English and Portuguese are two of the lan- groups are out there hurting. They are out there wor- guages that are out there and that people feel that ried about where their pay cheque is going to be. they want to be able to learn those to be able to com- They are worried about all the things that are affecting municate with each other. I am not going to go down them. So I wanted to just— that path as it relates to the language. I am going to really stick to the concern that I was raising. Mr. Rolfe Commissiong: Point of order, Mr. Speaker.

The Speaker: Let’s accept the point that they are The Speaker: Point of order. used, but the terminology of “official” is what is being questioned today and there is no “official” piece at- POINT OF ORDER tached to that. “Official” is the word that is being ques- [Misleading] tioned. Mr. Rolfe Commissiong: The Member is misleading Hon. Jeanne J. Atherden: And, Mr. Speaker, I can the House again. only go on the basis of the reference, the website that What she is saying is not evidenced based. I went on that said it. Now, obviously, on some web- The racial disparities are clear on almost every area of site it says it and therefore I do not know from whence Bermuda life. Thank you, Mr. Speaker. they got their reference. But I am not going to waste my minutes going further into that discussion. Okay? The Speaker: Thank you. So, what I am trying to say is the fact that es- Continue, Member. pecially when we are starting to talk about what we are going to do in Primary 1, Primary 3 and Primary 4, Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. I et cetera, and learning about who they are individually will continue. and collectively, I am hoping . . . and I cannot get into You know, many times in the House we are all that must be done to try and deal with, as I say, talking about disparities, and we talk about opportuni- some of the reparations and other things. I am just ties. Every time I look, and even now when I see the hoping that there will be the opportunity when the Government what they are doing, my concern is to teachers are teaching to talk about the ethic groups make sure that the Government is going to give op- that are on the Island and the contributions that they portunities for Bermudians to be able to get out there make and an opportunity for people to be able to see and have job opportunities. I understand that they are what they have in common and what each has going to have to make choices and that Bermudians brought to the Island. come ahead of anybody else as it relates to having an Then we talked about the migration, et cetera. opportunity. That was when I found it was quite interesting be- And if I turn over and I say this for a moment, cause in terms of the migration, that to me obviously and perhaps some of the people in the hearing of my is where we are talking about the slave trade. We are voice will say, I recognise that sometimes, yes, people talking about what has happened in Bermuda. But have been discriminated against. And sometimes be- then also, some people perhaps might look and sort of ing a woman, you have doubly been discriminated say, Okay, that is how come we got Portuguese on against. So, discrimination happens to lots of people the Island. And technically, I guess, that is how we got as it relates to not being given opportunities. And I the Island [colonised] in the very first instance. applaud when I see different companies out there But it is unfortunate that there would be a feel- starting to say, Okay, we must do more to help those ing that I was trying to say that Black lives do not mat- people who have been underprivileged or who have ter, because that is not what I was saying. I was trying Bermuda House of Assembly Official Hansard Report 3 July 2020 4401 not had enough opportunities, because I believe it is The Speaker: Thank you, MP. important to have what I call real opportunity. Does any other Member wish to speak? It is not good enough to have something that is out there to say that it sounds really great that, you Hon. Patricia J. Gordon-Pamplin: Mr. Speaker, yes, know, someone puts together a marketing something sir. or whatever else. We are only going to be judged by what real initiatives we come up with. We are only The Speaker: Yes. You can have the floor. going to be judged by what things we do to try and improve the lot of people. Hon. Patricia J. Gordon-Pamplin: Thank you. I know MP Commissiong, and MP Famous, that, yes, there are lots of things that happened in the WORK PERMIT RENEWALS DENIED past. Therefore, those things have been looked at and will continue to be looked at. But for me, I look at it Hon. Patricia J. Gordon-Pamplin: [INAUDIBLE] Mr. and say that one of the most important things that has Speaker, I just wanted to speak to a couple of things to be is that we make sure that it never happens again today one of which was, and we thank the Minister of in the future. We have to do things to try and make Labour for giving the comprehensive listing this morn- sure we learn some lessons about opportunities. We ing in response to parliamentary questions about the learn some lessons about people not being treated people whose work permits were not renewed. Be- fairly. We learn some lessons about why things are cause the idea of my colleagues asking the question done in a certain way. And when there was talk about was to ensure that Bermudians were made aware of some of the things that happened, whether it be in the opportunities that were out there and the numbers of judicial system or whatever else, looking at things that positions that might be available for which they can have negatively impacted our Black community is im- avail themselves of opportunities especially in these portant. It is important to do these things to make sure difficult times through COVID-19 and the resulting un- that they never happen again. employment that may occur. Similarly, it is important to make sure that One of the things that I did not get the oppor- things that have happened to women never happen tunity to ask the Minister, and I ought to have in terms again. It is important that any group that has had neg- of asking a question that I had this morning was, To ative things happen to them because people do not the extent that we have applicants that were turned respect the fact that they are human beings and there- down, for which there are no local applications that fore should be properly taken account and be given . . . is it . . . that we might be creating a major chal- opportunities to be able to do the things to the best of lenge in terms of a business’s ability to continue. I was their ability is wrong and therefore I believe that we advised of a particular company where there was one have to do something about it. particular position that had been rejected, and a Ber- I am sorry that my asking those [questions] mudian had actually applied. So the company was would make someone feel that I was indicating that absolutely ecstatic that they did not have the issues of what was happening was not proper. I was just trying having to have a work permit holder fulfil that position, to make sure that we were covering all of the bases that they were able to bring somebody on. And not- so that as we go forward we will try and make sure withstanding that their standards were set in terms of that everybody in Bermuda has a role to play and what was required of the successful applicant for that therefore if Bermuda is going to get anywhere every- position they had chosen, you know, the Bermudian body has to be able to contribute to their maximum. who had applied. We cannot have people out there not having Well lo and behold, Mr. Speaker, once that opportunities to their maximum. We cannot have peo- Bermudian had applied that Bermudian decided that ple out there [not] being able to contribute because they did not want wish to do the trade test that was a this Island does not have enough people, and we prerequisite of ensuring that the position was effec- need everybody we can have making it count so that tively filled. I will not say the specific position, but I Bermuda can turn around and survive. And those are have been made aware of what it is, and I can tell you the reasons why I felt that I needed to at least respond without fear of contradiction that we were speaking to some of the indications that felt that I was not un- about a position that requires . . . it certainly requires a derstanding why we had to deal with things which high degree of competence. So while the company happened to the Black people in the community. decided that they would bring the Bermudian on I am Black. And we also have to deal with board, the Bermudian then turned down the job. So, making sure that people do not think that there was the renewal was not had, the Bermudian has now some sort of intent to turn around when I wanted to elected not to take the position and now the company make sure that we did something for all of Bermuda is left wanting. That is going to impact its business and all of Bermudians and we move Bermudians col- delivery of services. lectively forward. I think that we just need to make sure that Thank you, very much, Mr. Speaker. when we do have these situations that occur, it is very Bermuda House of Assembly 4402 3 July 2020 Official Hansard Report

important for us to ensure that Bermudians are not and therefore it is, in my opinion . . . I felt that some just being given the opportunities, but that we also kind of public statement needed to be made. show that we are worthy of those considerations. Be- So I went yesterday with a request for the cause going forward, Mr. Speaker, when you look at Minister to come back and say something about this the numbers of . . . you know, there are some posi- very large and interesting and different development tions that are . . . you know, there are far more people in the health care field. Well, lo and behold, Mr. than in other positions where these people’s permits Speaker, the Minister in referring to this in the press have not been renewed. That gives an ideal oppor- conference last night, effectively alluded to the fact tunity. And I think that as, certainly as an Opposition that this was never . . . that her Ministry . . . that she we have looked at those positions and we were want- had not been engaged in this process that had taken ing to know that . . . you know, this is a perfect oppor- place. tunity for Bermudians to get in there in these particular Of course, the watchdog for health care in areas and to be able to make themselves, to get those Bermuda is the Bermuda Health Council. So, I looked positions and not have to play second fiddle to a guest again. What has the [Bermuda] Health Council done? worker. And what I determined from the news report from the So I think that it is also important on us, the day before was that the Bermuda Health Council was impetus or the responsibility falls on us as Bermudi- unaware. ans to make sure that when that call comes for us, Mr. Now, Mr. Speaker, I say all that to say that I Speaker, that we do undergo the necessary tests, that recognise that businesses will do the things that they we do undergo the requirements of competency and feel they need to do, but when such a major change is let us not have an attitude or approach that, I don’t made and there seems to be, in my estimation––and have to do this test, if that is a prerequisite, if it has there may be a different description, there may be a been determined from the advertisement that this has different reason––but in my estimation it appears to been required. me that there has been a total disregard and disre- I would never condone an employer putting spect for the processes that we have and the people conditions in place after an advertisement has been who would be in charge of those processes. I cannot had and they say, Yes, I will hire this person, and that believe that a company would have the temerity to person, for whatever reason . . . if the employer de- have such a major reshuffle of things and not have the cides to put in a different criterion for that person decency to discuss it with the Minister. That, to my reaching a level of competency that would be totally mind, Mr. Speaker, is inexcusable. And I believe that unacceptable. But if those conditions are part of the we have to start to demand a different level of respect, advertisement, then I believe that everybody who ap- a different level of engagement, and something that plies for that position should be able to fulfil the nec- would say that even if these things are going to hap- essary criteria by the employers. pen, that at least, at the very least, the Minister should So I am hoping that we are not missing an be made aware. opportunity as Bermudians, you know, to put employ- Mr. Speaker, I do not . . . I mean, we have ers in a situation where they start to think that they are differences from a political perspective. But I also be- not getting sufficient––or not getting a quality of em- lieve that we have a responsibility to look out for the ployee or applicant to be able to fulfil their standards decency and the propriety of the process and the pro- and whatever they require based on the advertise- tocols that should be put in place. And I think that ments that they have placed, and then make the de- when we see these kinds of things happening, then termination that this isn’t worth it, and therefore they what will happen is that we will probably find situations end up closing down a business and somewhere in which people will look for loopholes and they will along the way some other Bermudian ends up being walk down that path with total disregard for the Gov- disadvantaged. So that is my concern in that respect. ernment and for the authorities that are vested in the Government to make sure that everybody is looked ARGUS INSURANCE, ISLAND HEALTH SERVICES out for. AND FAMILY PRACTICE GROUP MERGER Mr. Speaker, my concern is whether there was a conflict. Obviously, you know, my phone started Hon. Patricia J. Gordon-Pamplin: The other thing I ringing off the hook. Is there a conflict of interest? I do wanted to speak about, Mr. Speaker, was, two days or not know, because there was no information that had so ago there was a public announcement that Argus been given to the public at the point that the an- Insurance Company had acquired two medical prac- nouncement had been made for the merger. So we do tices. Mr. Speaker, while there was perhaps nothing not know if there has been a conflict of interest. We do illegal concerning it, they obviously found a way to be not know whether the merger is going to create better able to do the things that they were required to do in outcomes, better patient outcomes as a result. We do terms of revamping their business model, it is quite not know whether in fact having an insurance compa- apparent I think to the general public that this was ny who is paying the bills, having under its thumb the something that was new, it was a different approach, Bermuda House of Assembly Official Hansard Report 3 July 2020 4403

provider of the bills, it might create efficiencies. I do doctor/patient relationships? There are lots of ques- not know. tions that need to be answered, Mr. Speaker. And I If it does create efficiencies in the health care am afraid that we just do not have those answers. system for better patient outcomes, I can accept that. I know that when companies are publicly trad- But, Mr. Speaker, I will find it extraordinarily difficult to ed there are things that obviously would have to be believe that as the person paying the bills you are not held close to their chest in terms of not having insider going to put your thumb on the person who is provid- trading information, what is this decision going to do ing the service to make sure that your bottom line is for the value of the stocks of the company, and all that better than it might otherwise have been. sort of thing. But I still think that the Ministers of the So this is my concern, Mr. Speaker. It just Government have the ability and the responsibility to seemed to me to be blatant disregard and disrespect operate with information that they receive confidential- for the authority of the Ministry that is responsible for ly, to deal with it in a confidential manner but also to that particular profession. And I would like to be prov- be informative to the people that we represent so that en wrong, Mr. Speaker. I would like for somebody to there is no concern in terms of what is happening in say that maybe the Minister misspoke. Maybe the respect of their health care. Minister was in fact engaged in the process. Maybe So those are my concerns, Mr. Speaker, just the Minister did do something. Maybe the Health to say that at some point in the near future I certainly Council did know something. But there is no reason hope that there is a reasonable explanation that is for me to disbelieve the assertions made by the Minis- being given to the people of Bermuda and that the ter or by the CEO of the Health Council. necessary respect for authority is not just done, but is So I then have to [ask] the question, Why is shown to be done. Thank you, Mr. Speaker. something like this happening in this environment in which there seems to be no level of accountability, The Speaker: Thank you, MP. just because it is not illegal for it to happen. There are Does any other Member wish to speak? some things, Mr. Speaker, that you can do because you can (because the rules do not say you cannot). Mr. Neville S. Tyrrell: Mr. Speaker. But there are other things where decency of approach needs to be taken, in my estimation, which embrace The Speaker: Yes. Sounds like Mr. Tyrrell. Is that the intent and the propriety of the decisions that are you, Mr. Tyrrell? being made. I think in this instance, from what we have seen thus far, it seems as though this had been Mr. Neville S. Tyrrell: Yes, it is, Mr. Speaker. missed out. And I would certainly like to have some kind of statement coming from the Ministry as soon as The Speaker: Yes, Mr. Tyrrell, you have the floor. there has been an opportunity to be able to delve into and get to the bottom of how these negotiations have Mr. Neville S. Tyrrell: Thank you. And good evening, been carried out. colleagues. It would seem to me, Mr. Speaker, that this is not something that happened overnight. This is not The Speaker: Good evening. something that perhaps would have happened since COVID-19. This would have been something that pre- SOCIAL MEDIA COMMENTS REGARDING sumably was in the making for some significant period DR. CARIKA WELDON of time. And if we in this Honourable House, Mr. Speaker, do not stand up and support and [show] Mr. Neville S. Tyrrell: Mr. Speaker, I intend to be concern for the people of Bermuda and the quality of very brief inasmuch as the subject matter that I want their health care . . . and I hope through this that may- to talk about has been talked about, especially by a be that quality will get better. I do not know. But in the few of my colleagues—certainly Deputy Burgess and absence of information we are left to rife speculation. the Honourable Tinee Furbert, and lastly I believe the And I do not believe that that is the right way to go, Honourable Michael Dunkley, spoke to the matter. Mr. Speaker. However, I just could not let the opportunity I believe that the people of Bermuda and cer- go by without once again, because I spoke before on tainly the Minister of the Government are owed a bet- this matter. And I will try and temper the irritation in my ter degree of courtesy and decency in the communi- voice because I am a little bit annoyed about having to cation of these intentions so that there is nothing sinis- hear this again. ter being appended to the companies that have been Mr. Speaker, I refer to the recent and contin- involved in this conglomerate. [Will] any existing pa- ued questioning of the qualifications of our very own tient, Mr. Speaker, because they have this particular Dr. Carika Weldon. The Premier did address the mat- insurance company, be made to use that insurance ter at the most recent press conference and dealt with company’s conglomerate for their future health care? it very adequately. And my colleagues, as I said, have What does that then do to other doctors and other already spoken on it very adequately. But, Mr. Speak- Bermuda House of Assembly 4404 3 July 2020 Official Hansard Report

er, when I heard and read these previous comments, I Mrs. Renee Ming: Mr. Speaker, I hope you can see put it down to a lack of knowledge of who Dr. Weldon my background for you. was. You know, not everybody knew her. She had been away for a while. And as I said, I only had the The Speaker: You can see my flag flying here, right? opportunity to meet her last summer when she was home. But I found her . . . in fact, I know her, to be a Mrs. Renee Ming: Mm-hmm. young educationally gifted Black woman who has taken the time and effort to get herself trained in her field. [Laughter] And I think she should be encouraged because there are very few Blacks, certainly Black women that I The Speaker: Thank you. If you can’t, I can get a big- know of, in that field. ger one for you next time. How’s that? So I could not excuse these persons. You know, I could probably excuse these persons for their Mrs. Renee Ming: I can barely see it but that is okay, lack of knowledge because they probably have not a bigger one— done their homework. However, Mr. Speaker, Dr. Weldon has now been home going on over, say, five The Speaker: I’ll make sure we have a bigger one months, at least, sharing her training and knowledge just so that you won’t have a problem seeing it. of the COVID-19 testing regime. So she is certainly known now as to who she is. Mr. Speaker, those per- ENCOURAGING BLACK WOMEN sons, or maybe even new persons, would have had TO GET INVOLVED enough time by now to do their homework and research on Dr. Weldon and possibly her qualifications. Mrs. Renee Ming: Mr. Speaker, I was just going to So, Mr. Speaker, I am now wondering in my kind of ask that you bear with me because I am going mind, if these new comments are just malicious, or if to relay some figures to you. And they are figures that, they are some sort of softened racism, or just plain for me, are quite disturbing. planting seeds of doubt in people just to cause prob- I must say, Mr. Speaker, that with the topic of lems. Mr. Speaker, I am not going to guess what the Black Lives Matter being discussed in many circles, motive for other people’s minds are, and whatever is many arenas, and getting some serious attention, it at play here. I would just, again, thank Dr. Weldon for allowed me to have some conversations with some of choosing to come home. I am sure it was a choice to my own Black women, because when we talk about assist Bermuda in becoming a safe place for us to live Black Lives Matter, you definitely would want to be and for people to come and visit. I am just going to put talking about Black women. And being a woman, I it down to haters will be haters. think that is definitely a conversation that I would like Dr. Weldon, let me say again, I offer you and to have. I feel that some of the figures that I will give your team my appreciation for all that you have done. you, Mr. Speaker, will definitely not make me popular, I have heard nothing but good news. And, again, I and so I will apologise in advance for that. encourage you. And let me also at the same time, just I am unapologetically ambitious. I am unapol- again thank all the frontline workers who have been ogetically Black. And I am unapologetically a woman. involved during this pandemic that we are all suffering That means I cannot change, Mr. Speaker. That is just under. So, Mr. Speaker, as I said I will be very brief, who I am. I am a woman who lives in Bermuda, with a because it has already been talked about. I will just makeup of 53 per cent women. So women are the leave it right there and I thank you again for the oppor- majority in Bermuda. And in terms of voting popula- tunity. tion, women are the majority as well, Mr. Speaker. So Thank you, Mr. Speaker. I look even at you, Mr. Speaker, and I feel like you sit there as Speaker today because I am pretty sure an The Speaker: Thank you, MP Tyrrell. overwhelming percentage of women went to the polls Does any other Member like to speak? in your constituency and felt you worthy of this Hon- ourable House. So take time to thank a woman. Mrs. Renee Ming: Yes, Mr. Speaker. Mr. Speaker, there are 36 Members of Par- liament. So you and I are just the same. There is no The Speaker: Yes, go right ahead. That’s MP Ming. disrespect to you or anything like that, but I think that Yes. we are all Members of Parliament and we are all elected officials. And, Mr. Speaker, if you analyse Mrs. Renee Ming: Good afternoon, Mr. Speaker. each constituency one by one, you will find that in Thank you for allowing me this time to just speak most of them women make up the greater number. So about something that has been on my mind. women actually, when you start looking at stats, are more inclined to vote in elections. I chuckle when I say The Speaker: Go right ahead. that because maybe it is something in the air, who knows. But, Mr. Speaker, when I gloat about women I Bermuda House of Assembly Official Hansard Report 3 July 2020 4405

think that it stops right there, because as I start to look racism, it talks about sexism, it talks about harass- at the figures I feel like . . . hmm. So here you go. ment in the workplace, and some of the things that In our legislature, Mr. Speaker, women make Black women in particular encounter in their everyday up 27.65 per cent. Women make up only 22 per cent lives, and the fact that we are already not making as of the number in the House of Assembly. Women much money as our male counterparts, and the finan- make up 45.45 per cent of the number in the Senate. cial impact that then happens on our families. Women make up a mere 16 per cent of the number of Mr. Speaker, again, I encourage women. You PLP Members of Parliament. Women make up do not have to sit around in circles and talk about be- 36.36 per cent of the number of the OBA Members of ing underrepresented. Get out there and do some- Parliament. Sixty per cent of the women of the PLP thing about it. If you believe you have something to Senators are women—so woo hoo! offer in the political sphere, get out there and do Of the Ministers, 45.71 per cent, inclusive of something about it. If you believe that in your own our Junior Ministers, are women. And women in the community . . . because it does not have to be politi- PLP only represent seven of the 47 Members of the cal. It does not even have to be governmental. But if legislature, which amounts to 14.89 per cent. you believe that you have something to offer, and you Mr. Speaker, you might say, Well, why is that can make an impact in your community, get out there important? You would be surprised at the number of and do something about it. Because we do not have women who are actually looking at these numbers to sit around in living rooms and have Zoom meetings and are concerned. And in having a conversation with and stuff and talk about what is not happening for us, probably about six women the other day, the first thing it is time for us to stand up and make things happen they were saying was like, We are underrepresented. for us. And part of why I am talking about women today is Mr. Speaker, this was not even meant to be a because I think that it is time for women, especially long thing. But I know that a couple of weeks ago I Black women, to stand up and take their place. marched here for Black Lives Matter because I be- I have had women ask me, What is it that I lieve that my Black life and my children’s Black lives, can do? What can I bring? Because as women we and your children’s, and everybody’s Black lives mat- sometimes feel as if we are undervalued, Mr. Speak- ter. We marched for the injustices inflicted on people er, and maybe not even appreciated for what it is that of colour. I marched because of the mistreatment of we bring to the proverbial table. But, Mr. Speaker, I Black people. Mr. Speaker, today I march and I speak know, and I know that you know, that we bring a lot to for women—and in particular, Black women—because the table. And I am not talking about as secretaries or we do matter. administrative assistants. I am talking about in terms So, Mr. Speaker, I am going to close today of ideas, in terms of making things happen, in terms of with this: I am unapologetically ambitious; I am una- creativity and, not to mention, execution. pologetically Black; and I am unapologetically a wom- Mr. Speaker, I do not know about the other an. It is time for us as women to stand up and be re- women, like, for instance, in the House of Assembly or spected. even around Bermuda, but I would like to see women Thank you, Mr. Speaker. being represented more. And I do not mean just in the House of Assembly. In committees, on boards . . . The Speaker: Thank you, MP Ming. women that I have had conversations with are thinking Does any other Member wish to speak? about it now. And it is quite topical for them because they are asking themselves, What is it that I can do to Mr. Hubert (Kim) E. Swan: Yes, Mr. Speaker. make a change? How can I make an impact? How can I be involved? The Speaker: Honourable Member, you have the My words today would be to encourage them floor. to get out there and get involved. Do not wait for someone to do anything for you because no one is Mr. Hubert (Kim) E. Swan: Thank you, Mr. Speaker. going to do it. You do it for self, you do for yourself and where you think that you have talent and can The Speaker: Honourable Member Swan. make an impact, I would encourage you to get out there and do it. SOCIAL STUDIES CURRICULUM IN PUBLIC Mr. Speaker, I read this document this week SCHOOLS—BERMUDA AND GLOBAL STUDIES and it was called “The National Partnership for Wom- en and Families,” because I wanted to do some read- Mr. Hubert (Kim) E. Swan: Yes, thank you, Mr. ing. And it was sad to note that in terms of hierarchy Speaker. Black women, especially for our wage, are the lowest I am very honoured and privileged to follow on the totem pole for wages. Mr. Speaker, this docu- my colleague from the East, the Honourable Member ment is actually an American document, but I can def- from constituency 1, MP Renee Ming. A very capable initely see the relevance to Bermuda. It talks about young person who is providing service in our commu- Bermuda House of Assembly 4406 3 July 2020 Official Hansard Report

nity and we are very grateful for all the work that she that bear in the face—and I say “bear”—and address does. it. We in Bermuda have to look that same bear in the Today’s discussion, Mr. Speaker, on the mo- face because we have persons who have benefited tion to adjourn has centred a bit around that subject from the era of segregation and overt racism in Ber- that Bermuda has not quite figured out how to grapple muda. with. I think the Honourable Member Ms. Atherden We pass laws for good governance that deal unwittingly stumbled upon it today. Mr. Speaker, the with the proceeds of crime. We have all types of legis- Honourable Member Ms. Atherden speaks to a mind- lation that allow us to look with a very fine-tooth comb set that would like for us to start from today and work at financial goings-on. “Best practice,” they say. Well, together, hold hands together. And Mr. Speaker I am let’s apply that mind-set and philosophy to how we not going to read the speech, but I am going to refer uproot racism. to probably one of the most famous speeches of this Best practice would have it that there are per- modern era. I am talking about in the last 70 years or sons today who are benefiting off of the proceeds of so. It is recently modern. I am old enough to remem- the most vicious crime in the history of the world. That ber things of such. It is a speech that was given by is a fact. And so as a consequence, the origin, the Emperor Haile Selassie, a speech that was made very foundation that people want you to stand on to popular by the Honourable Bob Nesta Marley. move forward on, is sinking sand (if I use that as an And it says, “Until the philosophy which holds example), because any foundation has to be solid, one race superior and another inferior is finally and and solid as a rock. permanently discredited and abandoned, everywhere I teach for a living, Mr. Speaker, and if your is war.” foundation is weak then you have nothing to spring- And I am going to just start on that first sen- board off of. So, persons who want us to sing Kumba- tence, Mr. Speaker, because we have in the midst of ya and move forward, everybody holding hands, with- our world, and we have certainly had in the efforts of out addressing the injustices which provided the foun- the late Dr. Eva Hodgson, in particular in our modern dation for people to be able to come to Bermuda and lives in Bermuda, more than enough evidence to sug- enjoy the spoils of a racist system . . . if we do not ad- gest that there is a system in place in Bermuda that dress that we will be making the same mistake over holds one race superior and another race inferior, and over again. And make no mistake, there are peo- economically. And there have been many examples ple who hope we do that because they are the bene- that have borne this out. So when we take the philos- factors of the system. ophy . . . and philosophy was the third word in that And so, Mr. Speaker, that in itself is why edu- sentence that the Honourable Emperor used. The phi- cation is needed to be able to tell people the truth losophy which holds . . . the philosophy is thought. about this world and how we got there, and not gloss And the thinking of people sometimes runs contrary to over it. And yes, I relate it to golf because I have had their actual words and certainly their actions. We have the benefit of Dr. Jeffrey Sammons of New York Uni- enough empirical evidence to suggest that in Bermu- versity, a world-class professor who has researched da in 2010, 2012, 2014, 2017, 2020 one race reigns this subject and other subjects related to it as it relates superior than another. to the African community. And he discovered what a And I am concerned because the Member Bermudian had done, Mr. Speaker, in the world. who caused this big debate today on this very subject And on that basis only, you cannot celebrate was in charge of culture in this country as a Minister. the people who walked through the door of integration And so as a consequence that mind-set, that thinking, and ignored the people who were banging down the is what we have to grapple with as we move forward. door. And I use my trade as an example because I And I applaud the Education Minister for the state- know I can put hand over heart and tell you it is so. ment that caused the debate to take place today. Be- But I am sure that any social psychologist or any his- cause if you want to walk together in this world, you torian will go back in our more recent history and be have to realise that the dismantling of the system that able to uncover, as we have today in our midst, Mr. holds one race superior to another, needs not only to Speaker, the commission that is looking at the way be eradicated, the mind-set that is permeating and land was handled in this country 100 years ago. allowing that to exist, needs to be uprooted. And in I know there are persons in this community order to uproot, in order to get this country on a level who are quite concerned. You only need to look at the playing field, there needs to be a lot more done. electoral configuration of this country to be able to see Earlier this morning I gave congratulations, the racial divisions that exist even in politics today be- Mr. Speaker, to the Professional Golfers’ Association cause of the construct of Bermuda, because of the of America—led by a woman for the first time in its geographical and deliberate segregation of this coun- history—which actively practiced a Caucasian-only try, as it relates to property as well. rule that impacted Black golf professionals in Bermu- And so, Mr. Speaker, that is why the Honour- da and around the world. So it has taken, as MP Ming able Member Ms. Atherden’s comments have been suggested, a woman in leadership to be able to look met with a firestorm today. Because the mind-set Bermuda House of Assembly Official Hansard Report 3 July 2020 4407

which is represented is harmful as we try to really take People will take my speech and try to frame it Bermuda forward. And it is harmful because when as division, when truth is the only way forward of fixing people who are seeing what is happening in [the] a problem. And we have ignored the truth for so long, Black Lives Matter [movement] around the world, and Mr. Speaker, until the basic human rights are equally ask about how it relates to Bermuda, that mind-set guaranteed to all without regard to race . . . “And until would give them a false sense of security because it that day, the dream of lasting peace” . . . Oh, that’s fails to appreciate that we have much work to do if you what people like to talk about—the dream of lasting have had centuries of building up a system that peo- peace. But it says until that day “the dream of lasting ple are benefiting from today. peace, world citizenship, rule of international morality We had a Bill come before this House which . . .” will be “but a fleeting illusion to be pursued but relates to Riddell’s Bay. And I will tell you, in the golf- never [attained] . . . .” ing world you only need to look back to 1922 to see You know, that sentence in itself is very re- the origins of that whole community, how the Gov- vealing. Whilst it is revealing to me as a Black man, it ernment of the day legislatively gave that community a is also revealing to anyone who wants to keep the loan to develop, for them to outwardly segregate current system the way it is, because they realise in against the Black community that lived, played and reading this very thing that, until we can come to worked in that area. Outwardly discriminated against terms with that, it will never be attained. And for it to them! Where some of the greatest golfers in the world never be attained, the status quo will benefit those were working as caddies. I know, because I was who it has been set up and designed to benefit. taught by one of them. In closing, I want to say thank you to people And that is the type of mind-set that exists like Dr. Jeffrey Sammons for helping enlighten me on right here in this country, Mr. Speaker, as we look at the spirit that has been put within me by those elders how lands are held today in this country, as we look at who would be about 110 [years old] today to help bet- how wealth is passed on in this country, as we look at ter understand their experience, and made me delve how people could come to this country from other ar- down into the way in which land has been handled in eas and, if they turn a blind eye and say nothing, they this country. Let us look at the unequal playing field of can benefit, and those who dare to say anything can economics in this country. And let us unapologetically be ostracised or blackballed or whatever terminology look to make the lives of the descendants of those you want to list. That is the truth of the matter! who have been trod on and knelt upon better through You cannot look at Bermuda on some superfi- policies that level the playing field. cial colour basis and say, Let’s go by Kumbaya, be- And in order for the playing field to level up, cause you know, I have friends from other ethic per- you ain’t got to pull somebody else down; you have suasions. My family lives that every day. But I worry got to collectively lift those who have been deliberately about every one of them if they were walking around disenfranchised up. And that is the difference. It is a this world today, [if they were] found in the wrong philosophy, Mr. Speaker. It is a mind-set. place at the wrong time, only because of the colour of And when I see that mind-set being defended, their skin, or the way their hair is, or the way their when I see that mind-set being protected, I am going eyes look, or the way they might talk might associate to speak out against it because it is wrong. And that is them particularly to those of us of African descent. what is harming Bermuda. I have seen it harm it in my So, Mr. Speaker, the words that the Emperor trade. I have seen people lifted up and celebrated who Haile Selassie spoke, “Until the philosophy which rode on the backs of that. And we have got to go back holds one race superior and another inferior is finally and make some things right. And make things right for and permanently discredited and abandoned, . . . And those going forward, those young people in Bermuda. until there are no longer first-class and second-class Thank you, Mr. Speaker. citizens of any nation, until the colour of a man’s skin is of no more significance than the colour of his eyes. The Speaker: Thank you, Honourable Member. And until the basic human rights are equally guaran- Does any other Member wish to speak? teed to all without regard to race . . .” those are things Any other Member? that we are dealing with in this country now. No other Member; the House stands ad- And the reason we are still dealing with it is journed. because people, and particularly we Black people, have been convinced to just sing Kumbaya. [That is] [Gavel] why the system continues on, the system which has been put in place which allows racism to be the The Speaker: Members, we stand adjourned until the source of its originator—white supremacy. And until 17th of July at 10:00 am. Have yourself a good week- the day when we as a collective people can look to end. say, that is not good enough for my humanity, then we stand a chance. Then we stand a chance. [At 6:35 pm, the House stood adjourned until 10:00 am, Friday, 17 July 2020.] Bermuda House of Assembly 4408 3 July 2020 Official Hansard Report

[This page intentionally left blank.]

Bermuda House of Assembly